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House Bill 1603e1

HB 1603, First Engrossed 1 A bill to be entitled 2 An act relating to the State Fire Marshal; 3 amending s. 633.061, F.S.; providing a 4 limitation upon licensees; providing 5 requirements for licensees; providing 6 procedures for licensure; prescribing what 7 constitutes unlawful activity; providing for 8 training; providing for duties of the State 9 Fire Marshal; amending s. 633.071, F.S.; 10 providing standards for tagging; providing for 11 inspection reports; amending s. 633.175, F.S.; 12 providing authority for law enforcement 13 officers or fire department officials; 14 providing for civil immunity; providing for 15 notice of release of investigative records; 16 amending s. 633.35, F.S.; providing standards 17 for private entities that provide the services 18 of firefighters; providing standards for 19 firefighters; amending s. 633.511, F.S.; 20 redesignating certain classifications; amending 21 s. 633.514, F.S.; providing for permitholders; 22 providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 26 Section 1. Section 633.061, Florida Statutes, is 27 amended to read: 28 633.061 License or permit required of organizations 29 and individuals servicing, recharging, repairing, testing, 30 marking, inspecting, or installing fire extinguishers and 31 preengineered systems.-- 1 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 (1) It is unlawful for any organization or individual 2 to engage in the business of servicing, repairing, recharging, 3 testing, marking, inspecting, or installing any fire 4 extinguisher or preengineered system in this state except in 5 conformity with the provisions of this chapter. Each 6 organization or individual which engages in such activity must 7 possess a valid and subsisting license issued by the State 8 Fire Marshal. All fire extinguishers and preengineered 9 systems required by statute or by rule must be serviced by an 10 organization or individual licensed under the provisions of 11 this chapter. The licensee is legally qualified to act for 12 the business organization in all matters connected with its 13 business, and the licensee must supervise all activities 14 undertaken by such business organization. Each licensee shall 15 maintain a specific business location. A further requirement, 16 in the case of multiple locations where such servicing or 17 recharging is taking place, is that each licensee who 18 maintains more than one place of business where actual work is 19 carried on must possess an additional license, as set forth in 20 this section, for each location, except that no licensed 21 individual may qualify for more than five locations. A 22 licensee is limited to a specific type of work performed 23 depending upon the class of license held. Licenses and license 24 fees are required for the following: 25 (a) Class A.......................................$150 26 To service, recharge, repair, install, or inspect all types of 27 fire extinguishers, including recharging carbon dioxide units, 28 and to conduct hydrostatic tests on all types of fire 29 extinguishers, including carbon dioxide units. 30 (b) Class B.......................................$100 31 2 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 To service, recharge, repair, install, or inspect all types of 2 fire extinguishers, including recharging carbon dioxide units 3 and conducting hydrostatic tests on water, water chemical, and 4 dry chemical types of extinguishers only. 5 (c) Class C.......................................$100 6 To service, recharge, repair, install, or inspect all types of 7 fire extinguishers, except recharging carbon dioxide units, 8 and to conduct hydrostatic tests on water, water chemical, and 9 dry chemical types of fire extinguishers only. 10 (d) Class D.......................................$125 11 To service, repair, install, or inspect all types of 12 preengineered fire extinguishing systems. 13 (e) Licenses issued as duplicates or to reflect a 14 change of address..........................................$10 15 16 Any fire equipment dealer licensed pursuant to this subsection 17 who does not want to engage in the business of servicing, 18 inspecting, recharging, repairing, or installing halon 19 equipment must file an affidavit on a form provided by the 20 division so stating. Licenses will be issued by the division 21 to reflect the work authorized thereunder. It is unlawful, 22 unlicensed activity for any person or firm to falsely hold 23 himself or herself or a business organization out to perform 24 any service, inspection, recharge, repair, or installation 25 except as specifically described in the license. 26 (2) Each individual actually performing the work of 27 servicing, recharging, repairing, installing, testing, or 28 inspecting fire extinguishers or preengineered systems must 29 possess a valid and subsisting permit issued by the State Fire 30 Marshal. Permittees are limited as to specific type of work 31 performed dependent upon the class of permit held which shall 3 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 be a class allowing work no more extensive than the class of 2 license held by the licensee under whom the permittee is 3 working. Permits and fees therefor are required for the 4 following: 5 (a) Class 1........................................$50 6 Servicing, recharging, repairing, installing, or inspecting 7 all types of fire extinguishers, including carbon dioxide 8 units, and conducting hydrostatic tests on all types of fire 9 extinguishers, including carbon dioxide units. 10 (b) Class 2........................................$50 11 Servicing, recharging, repairing, installing, or inspecting 12 all types of fire extinguishers, including carbon dioxide 13 units, and conducting hydrostatic tests on water, water 14 chemical, and dry chemical types of fire extinguishers only. 15 (c) Class 3........................................$50 16 Servicing, recharging, repairing, installing, or inspecting 17 all types of fire extinguishers, except recharging carbon 18 dioxide units, and conducting hydrostatic tests on water, 19 water chemical, and dry chemical types of fire extinguishers 20 only. 21 (d) Class 4........................................$65 22 Servicing, repairing, installing, or inspecting all types of 23 preengineered fire extinguishing systems. 24 (e) Permits issued as duplicates or to reflect a 25 change of address..........................................$10 26 27 Any fire equipment permittee licensed pursuant to this 28 subsection who does not want to engage in servicing, 29 inspecting, recharging, repairing, or installing halon 30 equipment must file an affidavit on a form provided by the 31 division so stating. Permits will be issued by the division to 4 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 reflect the work authorized thereunder. It is unlawful, 2 unlicensed activity for any person or firm to falsely hold 3 himself or herself out to perform any service, inspection, 4 recharge, repair, or installation except as specifically 5 described in the permit. 6 (3)(a) Such licenses and permits shall be issued by 7 the State Fire Marshal for each license year beginning January 8 1 and expiring the following December 31. The failure to 9 renew a license or permit by December 31 will cause the 10 license or permit to become inoperative. The holder of an 11 inoperative license or permit shall not engage in any 12 activities for which a license or permit is required by this 13 section. A license or permit which is inoperative because of 14 the failure to renew it shall be restored upon payment of the 15 applicable fee plus a penalty equal to the applicable fee, if 16 the application for renewal is filed no later than the 17 following March 31. If the application for restoration is not 18 made before the March 31st deadline, the fee for restoration 19 shall be equal to the original application fee and the penalty 20 provided for herein, and, in addition, the State Fire Marshal 21 shall require reexamination of the applicant. Each licensee 22 or permittee shall successfully complete a course or courses 23 of continuing education for fire equipment technicians within 24 5 years of initial issuance of a license or permit and within 25 every 5-year period thereafter or no such license or permit 26 shall be renewed. The State Fire Marshal shall adopt rules 27 describing the continuing education requirements. 28 (b) The forms of such licenses and permits and 29 applications therefor shall be prescribed by the State Fire 30 Marshal; in addition to such other information and data as 31 that officer determines is appropriate and required for such 5 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 forms, there shall be included in such forms the following 2 matters. Each such application shall be in such form as to 3 provide that the data and other information set forth therein 4 shall be sworn to by the applicant or, if a corporation, by an 5 officer thereof. An application for a permit shall include 6 the name of the licensee employing such permittee, and the 7 permit issued in pursuance of such application shall also set 8 forth the name of such licensee. A permit is valid solely for 9 use by the holder thereof in his employment by the licensee 10 named in the permit. 11 (c) A license of any class shall not be issued or 12 renewed by the State Fire Marshal and a license of any class 13 shall not remain operative unless: 14 1. The applicant has submitted to the State Fire 15 Marshal evidence of registration as a Florida corporation or 16 evidence of compliance with s. 865.09. 17 2. The State Fire Marshal or his designee has by 18 inspection determined that the applicant possesses the 19 equipment required for the class of license sought. The State 20 Fire Marshal shall give an applicant a reasonable opportunity 21 to correct any deficiencies discovered by inspection. A fee of 22 $50, payable to the State Fire Marshal, shall be required for 23 any subsequent reinspection. 24 3. The applicant has submitted to the State Fire 25 Marshal proof of insurance providing coverage for 26 comprehensive general liability for bodily injury and property 27 damage, products liability, completed operations, and 28 contractual liability. The State Fire Marshal shall adopt 29 rules providing for the amounts of such coverage, but such 30 amounts shall not be less than $300,000 for Class A or Class D 31 licenses, $200,000 for Class B licenses, and $100,000 for 6 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 Class C licenses; and the total coverage for any class of 2 license held in conjunction with a Class D license shall not 3 be less than $300,000. The State Fire Marshal may, at any 4 time after the issuance of a license or its renewal, require 5 upon demand, and in no event more than 30 days after notice of 6 such demand, the licensee to provide proof of insurance, on a 7 form provided by the State Fire Marshal, containing 8 confirmation of insurance coverage as required by this 9 chapter. Failure, for any length of time, to provide proof of 10 insurance coverage as required shall result in the immediate 11 suspension of the license until proof of proper insurance is 12 provided to the State Fire Marshal. An insurer which provides 13 such coverage shall notify the State Fire Marshal of any 14 change in coverage or of any termination, cancellation, or 15 nonrenewal of any coverage. 16 4. The applicant successfully completes a prescribed 17 training course offered by the State Fire College or an 18 equivalent course approved by the State Fire Marshal. This 19 subparagraph does not apply to any holder of or applicant for 20 a permit under paragraph (d) or to a business organization or 21 a governmental entity seeking initial licensure or renewal of 22 an existing license solely for the purpose of inspecting, 23 servicing, repairing, marking, recharging, and maintaining 24 fire extinguishers used and located on the premises of and 25 owned by such organization or entity. 26 5. The applicant has passed, with a grade of at least 27 70 percent, a written examination testing his knowledge of the 28 rules and statutes regulating the activities authorized by the 29 license and demonstrating his knowledge and ability to perform 30 those tasks in a competent, lawful, and safe manner. Such 31 examination shall be developed and administered by the State 7 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 Fire Marshal. An applicant shall pay a nonrefundable 2 examination fee of $50 for each examination or reexamination 3 scheduled. No reexamination shall be scheduled sooner than 30 4 days after any administration of an examination to an 5 applicant. No applicant shall be permitted to take an 6 examination for any level of license more than a total of four 7 times during 1 year, regardless of the number of applications 8 submitted. As a prerequisite to taking the examination, the 9 applicant: 10 a. Must be at least 18 years of age. 11 b. Must have 4 years of proven experience as a fire 12 equipment permittee at a level equal to or greater than the 13 level of license applied for or have a combination of 14 education and experience determined to be equivalent thereto 15 by the State Fire Marshal. Having held a permit at the 16 appropriate level for the required period constitutes the 17 required experience. 18 19 This subparagraph does not apply to any holder of or applicant 20 for a permit under paragraph (d) or to a business organization 21 or a governmental entity seeking initial licensure or renewal 22 of an existing license solely for the purpose of inspecting, 23 servicing, repairing, marking, recharging, and maintaining 24 fire extinguishers used and located on the premises of and 25 owned by such organization or entity. 26 6. An applicant who fails the examination may take it 27 three more times during the 1-year period after he originally 28 filed an application for the examination. If the applicant 29 fails the examination within 1 year after the application date 30 and seeks to retake the examination, he must file a new 31 application, pay the application and examination fees, and 8 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 successfully complete a prescribed training course approved by 2 the State Fire College or an equivalent course approved by the 3 State Fire Marshal. An applicant may not submit a new 4 application within 6 months after the date of his last 5 reexamination. 6 (d) No permit of any class shall be issued or renewed 7 to a person by the State Fire Marshal, and no permit of any 8 class shall remain operative, unless the person has: 9 1. Submitted a nonrefundable examination fee in the 10 amount of $50; 11 2. Successfully completed a training course offered by 12 the State Fire College or an equivalent course approved by the 13 State Fire Marshal; and 14 3. Passed, with a grade of at least 70 percent, a 15 written examination testing his knowledge of the rules and 16 statutes regulating the activities authorized by the permit 17 and demonstrating his knowledge and ability to perform those 18 tasks in a competent, lawful, and safe manner. Such 19 examination shall be developed and administered by the State 20 Fire Marshal. An examination fee shall be paid for each 21 examination scheduled. No reexamination shall be scheduled 22 sooner than 30 days after any administration of an examination 23 to an applicant. No applicant shall be permitted to take an 24 examination for any level of permit more than four times 25 during 1 year, regardless of the number of applications 26 submitted. As a prerequisite to taking the permit 27 examination, the applicant must be at least 16 years of age. 28 (e)4. An applicant who fails the examination may take 29 it three more times during the 1-year period after he 30 originally filed an application for the examination. If the 31 applicant fails the examination within 1 year after the 9 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 application date and he seeks to retake the examination, he 2 must file a new application, pay the application and 3 examination fees, and successfully complete a prescribed 4 training course offered by the State Fire College or an 5 equivalent course approved by the State Fire Marshal. The 6 applicant may not submit a new application within 6 months 7 after the date of his last reexamination. 8 (4)(a) It is unlawful for a fire equipment dealer to 9 engage in training an individual to perform the work of 10 installing, testing, recharging, repairing, or inspecting 11 portable extinguishers or preengineered systems except in 12 conformity with this section. Each individual engaging in 13 such training activity must be registered with the State Fire 14 Marshal. The dealer must register the trainee prior to the 15 trainee performing any work. The dealer must submit training 16 criteria to the State Fire Marshal for review and approval. 17 (b) No trainee shall perform work requiring a permit 18 unless an individual possessing a valid and current fire 19 equipment permit for the type of work performed is physically 20 present. The trainee's registration shall be valid for a 21 90-day period from the date of issuance and is nontransferable 22 and nonrenewable. The initial training period may be extended 23 for an additional 90 days of training if the applicant has 24 filed an application for permit and enrolled in the 40-hour 25 course at the State Fire College within 60 days after the date 26 of registration as a trainee and either the training course at 27 the State Fire College was unavailable to the applicant within 28 the initial training period, at no fault of the applicant, or 29 the applicant attends and fails the 40-hour training course or 30 the competency examination. At no time will an individual be 31 10 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 registered as a trainee for more than two 90-day periods as 2 provided in this paragraph. The trainee must: 3 1. Be 18 years of age. 4 2. Possess on his person at all times a valid Florida 5 driver's license or a valid state identification card, issued 6 by the Department of Highway Safety and Motor Vehicles. A 7 trainee must produce identification to the State Fire Marshal 8 or his designated representative upon demand. 9 3. Pay a fee for registration of $10 per trainee for a 10 90-day period. 11 (c) No more than two trainees shall be under the 12 supervision of a single trainer, who shall be directly 13 responsible for all work performed by any trainee while under 14 his or her supervision. No trainee shall perform any work not 15 within the scope of the license or permit held by the fire 16 equipment dealer or permittee directly supervising his or her 17 work. 18 (d) Upon completion of a training period, an 19 individual must comply with the provisions of this section to 20 obtain a permit. 21 (5) The State Fire Marshal shall adopt rules providing 22 for the approval of the time, place, and curriculum of each 23 training course required by this section. 24 (6) Every permittee must have a valid and subsisting 25 permit upon his person at all times while engaging in the 26 servicing, recharging, repairing, testing, inspecting, or 27 installing of fire extinguishers and preengineered systems, 28 and every licensee or permittee must be able to produce such 29 license or permit upon demand. In addition, every permittee 30 shall at all times carry an identification card containing his 31 photograph and other identifying information as prescribed by 11 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 the State Fire Marshal or the State Fire Marshal's designee, 2 which shall be produced on demand. The State Fire Marshal 3 shall supply this card at a fee which shall be related to the 4 cost of producing the card. 5 (7) The fees collected for any such licenses and 6 permits and the filing fees for license and permit examination 7 are hereby appropriated for the use of the State Fire Marshal 8 in the administration of this chapter and shall be deposited 9 in the Insurance Commissioner's Regulatory Trust Fund. 10 (8) The provisions of this chapter do not apply to 11 inspections by fire chiefs, fire inspectors, fire marshals, or 12 insurance company inspectors. 13 (9) All fire extinguishers and preengineered systems 14 which are required by statute or by rule must be serviced, 15 recharged, repaired, tested, inspected, and installed in 16 compliance with this chapter and with the rules adopted by the 17 State Fire Marshal. The State Fire Marshal may adopt by rule 18 the standards of the National Fire Protection Association and 19 of other reputable national organizations. 20 (10) If the licensee leaves the business organization 21 or dies, the business organization shall immediately notify 22 the State Fire Marshal of the licensee's departure, shall 23 return the license to the State Fire Marshal, and shall have a 24 grace period of 60 days in which to license another person 25 under the provisions of this chapter, failing which the 26 business shall no longer perform those activities for which a 27 license under this section is required. 28 Section 2. Subsection (1) of section 633.071, Florida 29 Statutes, is amended to read: 30 31 12 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 633.071 Standard service tag required on all fire 2 extinguishers and preengineered systems; serial number 3 required on all portable fire extinguishers.-- 4 (1) The State Fire Marshal shall adopt by rule 5 specifications as to the size, shape, color, and information 6 and data contained thereon of service tags to be attached to 7 all fire extinguishers and preengineered systems required by 8 statute or by rule, whether they be portable, stationary, or 9 on wheels when they are placed in service, installed, 10 serviced, repaired, tested, recharged, or inspected. Fire 11 extinguishers may be tagged only after meeting all standards 12 as set forth by this chapter, the standards of the National 13 Fire Protection Association, and all manufacturer's 14 requirements. Preengineered systems may be tagged only after a 15 system has been inspected, serviced, installed, repaired, 16 tested, and recharged in compliance with this chapter, the 17 standards of the National Fire Protection Association, and the 18 manufacturer's specifications, and after a report, as 19 specified by rule, has been completed in detail, indicating 20 any and all deficiencies or deviations from the manufacturer's 21 specifications and the requirements of the National Fire 22 Protection Association. A copy of the inspection report shall 23 be provided to the owner at the time of inspection, and, if a 24 system is found to be in violation of this chapter, the 25 manufacturer's specifications, or the standards of the 26 National Fire Protection Association, a copy shall be 27 forwarded to the state or local authority having jurisdiction 28 within 30 days from the date of service. It shall be unlawful 29 to place in service, service, test, repair, inspect, install, 30 or recharge any fire extinguisher or preengineered system 31 without attaching one of these tags completed in detail, 13 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 including the actual month work was performed, or to use a tag 2 not meeting the specifications set forth by the State Fire 3 Marshal. 4 Section 3. Section 633.175, Florida Statutes, 1996 5 Supplement, is amended to read: 6 633.175 Investigation of fraudulent insurance claims 7 and crimes; immunity of insurance companies supplying 8 information.-- 9 (1) The State Fire Marshal or an agent appointed 10 pursuant to s. 633.02, any law enforcement officer as defined 11 in s. 111.065, any law enforcement officer of a federal 12 agency, or any fire department official who is engaged in the 13 investigation of a fire loss may request any insurance company 14 or its agent, adjuster, employee, or attorney, investigating a 15 claim under an insurance policy or contract with respect to a 16 the fire loss of any real or personal property to release any 17 information whatsoever in the possession of the insurance 18 company or its agent, adjuster, employee, or attorney relative 19 to a that loss from that fire. The insurance company shall 20 release the available information to and cooperate with any 21 official authorized to request such information pursuant to 22 this section. The insurance company or its agent, adjuster, 23 employee, or attorney, shall also cooperate with and release 24 any available information to a law enforcement officer, as 25 defined under s. 111.065(1), who is engaged in the 26 investigation of that fire loss. The information shall 27 include, but shall not be limited to: 28 (a) Any insurance policy relevant to a loss under 29 investigation and any application for such a policy. 30 (b) Any policy premium payment records. 31 14 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 (c) The records, reports, and all material pertaining 2 to history of any previous claims made by the insured with the 3 reporting company. 4 (d) Material relating to the investigation of the 5 loss, including statements of any person, proof of loss, and 6 other relevant evidence. 7 (e) Memoranda, notes, and correspondence relating to 8 the investigation of the loss in the possession of the 9 insurance company or its agents, adjusters, employees, or 10 attorneys. 11 (2) If an insurance company has reason to suspect that 12 a fire loss to its insured's real or personal property was 13 caused by incendiary means, the company shall notify the State 14 Fire Marshal and shall furnish him with all material acquired 15 by the company during the course of its investigation. 16 (3) In the absence of fraud, bad faith, or malice, no 17 representative of investigator employed by an insurance 18 company or of the National Insurance Crime Bureau employed to 19 adjust or investigate losses caused by fire shall be liable 20 for damages in a civil action for furnishing information 21 concerning fires suspected to be other than accidental to 22 investigators employed by other insurance companies or the 23 National Insurance Crime Bureau. 24 (4) No insurance company or person who furnishes 25 information on its behalf shall be liable for damages in a 26 civil action or subject to criminal prosecution for any oral 27 or written statement made or any other action taken that is 28 necessary and required by the provisions of this section. 29 (5) At such time as the release of the investigative 30 records is required by law pursuant to s. 633.111, the 31 official or agency in possession of such records department 15 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 shall provide written due notice to the insurance company 2 providing the information and to all parties, at least 10 days 3 prior to releasing such records. Official, departmental, or 4 agency personnel may discuss such matters with other official, 5 departmental, or agency personnel, and any insurance company 6 complying with this section, and may share such information, 7 if such discussion is necessary to enable the orderly and 8 efficient conduct of the investigation. These discussions are 9 confidential and exempt from the provisions of s. 286.011. 10 (6) The actions of an insurance company or of its 11 agents, employees, adjusters, or attorneys, in complying with 12 the statutory obligation of this section shall in no way be 13 construed by a court as a waiver or abandonment of any 14 privilege or confidentiality of attorney work product, 15 attorney-client communication, or such other privilege or 16 immunity as is provided by law. 17 (7) Any official described in subsection (1) may be 18 required to testify as to any information in his possession 19 regarding an insurance loss in any civil action in which any 20 person seeks recovery under a policy against an insurance 21 company for an insurance loss, subject to the provisions of 22 subsection (6) (5). 23 (8) No person may intentionally refuse to release any 24 information requested pursuant to this section. 25 (9) Any person who willfully violates the provisions 26 of this section is guilty of a misdemeanor of the first 27 degree, punishable as provided in s. 775.082 or s. 775.083. 28 Section 4. Subsection (2) of section 633.35, Florida 29 Statutes, is amended to read: 30 633.35 Firefighter and forestry firefighter training 31 and certification program.-- 16 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 (2) The division shall issue a certificate of 2 compliance to any person satisfactorily complying with the 3 training program established in subsection (1), who has 4 successfully passed an examination as prescribed by the 5 division, and who possesses the qualifications for employment 6 in s. 633.34, except s. 633.34(5). No person may be employed 7 as a regular or permanent firefighter by an the employing 8 agency, or by a private entity under contract with the state 9 or any political subdivision of the state, including 10 authorities and special districts, for a period of time in 11 excess of 1 year from the date of initial employment until he 12 or she has obtained such certificate of compliance. A person 13 who does not hold a certificate of compliance and is employed 14 under this section may not directly engage in hazardous 15 operations, such as interior structural firefighting and 16 hazardous-materials-incident mitigation, requiring the 17 knowledge and skills taught in a training program established 18 in subsection (1). However, a person who has served as a 19 volunteer firefighter with the state or any political 20 subdivision of the state, including authorities and special 21 districts, who is then employed as a regular or permanent 22 firefighter may function, during this period, in the same 23 capacity in which he or she acted as a volunteer firefighter, 24 provided that he or she has completed all training required by 25 the volunteer organization. 26 Section 5. Subsection (2) of section 633.511, Florida 27 Statutes, is amended to read: 28 633.511 Florida Fire Safety Board; membership.-- 29 (2)(a) To be eligible for appointment, each contractor 30 shall personally hold a current certificate of competency and 31 a current license issued by the State Fire Marshal, together 17 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 with an unexpired occupational license to operate as a 2 contractor issued by an incorporated municipality or a county; 3 be actively engaged in such business and have been so engaged 4 for a period of not less than 5 consecutive years before the 5 date of his appointment; and be a citizen and resident of the 6 state. 7 (b) To be eligible for appointment, each fire 8 equipment dealer shall personally hold a current Class A, B, 9 or C 1 and Class D 4 fire equipment dealer license issued by 10 the State Fire Marshal, together with an unexpired 11 occupational license to operate as a fire equipment dealer 12 issued by an incorporated municipality or a county; shall be 13 actively engaged in such business and have been so engaged for 14 a period of not less than 5 consecutive years before the date 15 of appointment; and shall be a citizen and resident of this 16 state. 17 Section 6. Subsection (1) of section 633.514, Florida 18 Statutes, is amended to read: 19 633.514 Board duties; meetings; officers; quorum; 20 compensation; seal.-- 21 (1) The board shall act in an advisory capacity to the 22 State Fire Marshal and shall meet regularly as the need 23 presents itself. The board shall have the authority to review 24 complaints and disputed administrative action and make 25 recommendations for disciplinary action to the division at the 26 request of the licenseholder, permitholder, or 27 certificateholder. The board will serve in an advisory 28 capacity to the division regarding rules, codes, standards, 29 interpretations, and training. As soon as practicable after 30 the effective date of this act, the board shall meet to elect 31 officers from its membership, whose terms shall expire on June 18 CODING: Words stricken are deletions; words underlined are additions. HB 1603, First Engrossed 1 30 and annually thereafter. A majority of the board shall 2 constitute a quorum. No member of the advisory board shall be 3 paid a salary as such member, but each shall receive necessary 4 expenses while attending advisory board meetings and 5 reimbursement, including travel in performance of his duties, 6 as provided in s. 112.061. 7 Section 7. This act shall take effect October 1, 1997. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 19