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The Florida Senate

2016 Florida Statutes

Title XXXVII INSURANCE
Chapter 633 FIRE PREVENTION AND CONTROL Entire Chapter
SECTION 124
Penalty for violation of law, rule, or order to cease and desist or for failure to comply with corrective order.
F.S. 633.124
633.124 Penalty for violation of law, rule, or order to cease and desist or for failure to comply with corrective order.—
(1) A person who violates any provision of this chapter, any order or rule of the State Fire Marshal, or any order to cease and desist or to correct conditions issued under this chapter commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, to intentionally or willfully:
(a) Render a fire protection system, fire extinguisher, or preengineered system required by statute or by rule inoperative except while the fire protection system, fire extinguisher, or preengineered system is being serviced, hydrotested, tested, repaired, or recharged, except pursuant to court order.
(b) Obliterate the serial number on a fire extinguisher for purposes of falsifying service records.
(c) Improperly service, recharge, repair, hydrotest, test, or inspect a fire extinguisher or preengineered system.
(d) Use the license, certificate, or permit of another person.
(e) Hold a license, certificate, or permit and allow another person to use the license, certificate, or permit.
(f) Use, or allow the use of, any license, certificate, or permit by any individual or organization other than the one to whom the license, certificate, or permit is issued.
(3)(a) As used in this subsection, the term:
1. “Pyrotechnic display” means a special effect created through the use of a pyrotechnic material or pyrotechnic device.
2. “Pyrotechnic device” means any device containing pyrotechnic materials and capable of producing a special effect.
3. “Pyrotechnic material” means a chemical mixture used to produce visible or audible effects by combustion, deflagration, or detonation when such chemical mixture consists predominantly of solids capable of producing a controlled, self-sustaining, and self-contained exothermic chemical reaction that results in heat, gas, sound, light, or a combination of such effects, without requiring external oxygen.
(b) A person who initiates a pyrotechnic display within any structure commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, unless:
1. The structure has a fire protection system installed in compliance with s. 633.334.
2. The owner of the structure has authorized in writing the pyrotechnic display.
3. If the local jurisdiction requires a permit for the use of a pyrotechnic display in an occupied structure, such permit has been obtained and all conditions of the permit complied with or, if the local jurisdiction does not require a permit for the use of a pyrotechnic display in an occupied structure, the person initiating the display has complied with National Fire Protection Association, Inc., Standard 1126, 2001 Edition, Standard for the Use of Pyrotechnics before a Proximate Audience.
(c) This subsection shall not be construed to preclude prosecution for a more general offense resulting from the same criminal transaction or episode. This subsection does not apply to the manufacture, distribution, sale at wholesale or retail, or seasonal sale of products regulated under chapter 791 if the products are not used in an occupied structure.
History.—s. 1, ch. 21847, 1943; s. 11, ch. 65-216; ss. 13, 35, ch. 69-106; s. 659, ch. 71-136; s. 7A, ch. 71-141; s. 3, ch. 78-141; s. 13, ch. 87-287; s. 22, ch. 89-233; s. 157, ch. 91-224; s. 6, ch. 98-170; s. 57, ch. 98-419; s. 3, ch. 2005-117; s. 12, ch. 2013-183.
Note.—Former s. 633.16; s. 633.171.