Senate Bill 2484c1

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    Florida Senate - 1998                           CS for SB 2484

    By the Committee on Banking and Insurance and Senators Geller
    and Clary




    311-2103-98

  1                      A bill to be entitled

  2         An act relating to fire prevention and control;

  3         amending s. 633.021, F.S.; defining the term

  4         "fire extinguisher"; amending s. 633.061, F.S.;

  5         requiring an individual or organization that

  6         hydrotests fire extinguishers and preengineered

  7         systems to obtain a permit or license from the

  8         State Fire Marshal; revising the services that

  9         may be performed under certain licenses and

10         permits issued by the State Fire Marshal;

11         providing additional application requirements;

12         providing requirements for obtaining an

13         upgraded license; amending ss. 633.065,

14         633.071, F.S.; providing requirements for

15         installing and inspecting fire suppression

16         equipment; amending s. 633.162, F.S.;

17         prohibiting an owner, officer, or partner of a

18         company from applying for licensure if the

19         license held by the company is suspended or

20         revoked; revising the grounds upon which the

21         State Fire Marshal may deny, revoke, or suspend

22         a license or permit; providing restrictions on

23         activities of former licenseholders and

24         permittees; amending s. 633.171, F.S.; revising

25         the prohibition against rendering a fire

26         extinguisher or preengineered system

27         inoperative to conform to changes made by the

28         act; amending s. 633.547, F.S.; providing the

29         State Fire Marshal authority to suspend and

30         revoke certificates; providing restrictions on

31         the activities of former certificateholders

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    Florida Senate - 1998                           CS for SB 2484
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  1         whose certificates are suspended or revoked;

  2         amending s. 489.105, F.S., relating to

  3         contracting; conforming a cross-reference to

  4         changes made by the act; providing an effective

  5         date.

  6

  7  Be It Enacted by the Legislature of the State of Florida:

  8

  9         Section 1.  Present subsections (7) through (25) of

10  section 633.021, Florida Statutes, are redesignated as

11  subsections (8) through (26), respectively, and a new

12  subsection (7) is added to that section, to read:

13         633.021  Definitions.--As used in this chapter:

14         (7)  A "fire extinguisher" is a cylinder that:

15         (a)  Is portable and can be carried or is on wheels.

16         (b)  Is manually operated.

17         (c)  May use a variety of extinguishing agents that are

18  expelled under pressure.

19         (d)  Is rechargeable or nonrechargeable.

20         (e)  Is installed, serviced, repaired, recharged,

21  inspected, and hydrotested according to applicable procedures

22  of the manufacturer, standards of the National Fire Protection

23  Association, and the Code of Federal Regulations.

24         (f)  Is listed by a nationally recognized testing

25  laboratory.

26         Section 2.  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, or hydrotesting fire

31  extinguishers and preengineered systems.--

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    Florida Senate - 1998                           CS for SB 2484
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  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, or hydrotesting

  4  any fire extinguisher or preengineered system in this state

  5  except in conformity with the provisions of this chapter.

  6  Each organization or individual that which engages in such

  7  activity must possess a valid and subsisting license issued by

  8  the State Fire Marshal.  All fire extinguishers and

  9  preengineered systems required by statute or by rule must be

10  serviced by an organization or individual licensed under the

11  provisions of this chapter.  The licensee is legally qualified

12  to act for the business organization in all matters connected

13  with its business, and the licensee must supervise all

14  activities undertaken by such business organization. Each

15  licensee shall maintain a specific business location. A

16  further requirement, in the case of multiple locations where

17  such servicing or recharging is taking place, is that each

18  licensee who maintains more than one place of business where

19  actual work is carried on must possess an additional license,

20  as set forth in this section, for each location, except that a

21  no licensed individual may not qualify for more than five

22  locations.  A licensee is limited to a specific type of work

23  performed depending upon the class of license held. Licenses

24  and license 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

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  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 all water, water chemical,

  4  and dry chemical types of fire extinguishers, except carbon

  5  dioxide units only.

  6         (c)  Class C.......................................$100

  7  To service, recharge, repair, install, or inspect all types of

  8  fire extinguishers, except recharging carbon dioxide units,

  9  and to conduct hydrostatic tests on all water, water chemical,

10  and dry chemical types of fire extinguishers, except carbon

11  dioxide units only.

12         (d)  Class D.......................................$125

13  To service, repair, recharge, hydrotest, install, or inspect

14  all types of preengineered fire extinguishing systems.

15         (e)  Licenses issued as duplicates or to reflect a

16  change of address..........................................$10

17

18  Any fire equipment dealer licensed pursuant to this subsection

19  who does not want to engage in the business of servicing,

20  inspecting, recharging, repairing, hydrotesting, or installing

21  halon equipment must file an affidavit on a form provided by

22  the division so stating. Licenses will be issued by the

23  division to reflect the work authorized thereunder. It is

24  unlawful, unlicensed activity for any person or firm to

25  falsely hold himself or herself or a business organization out

26  to perform any service, inspection, recharge, repair,

27  hydrotest, or installation except as specifically described in

28  the license.

29         (2)  Each individual actually performing the work of

30  servicing, recharging, repairing, hydrotesting, installing,

31  testing, or inspecting fire extinguishers or preengineered

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  1  systems must possess a valid and subsisting permit issued by

  2  the State Fire Marshal. Permittees are limited as to specific

  3  type of work performed dependent upon the class of permit held

  4  which shall be a class allowing work no more extensive than

  5  the class of license held by the licensee under whom the

  6  permittee is working.  Permits and fees therefor are required

  7  for the following:

  8         (a)  Class 1........................................$50

  9  Servicing, recharging, repairing, installing, or inspecting

10  all types of fire extinguishers, including carbon dioxide

11  units, and conducting hydrostatic tests on all types of fire

12  extinguishers, including carbon dioxide units.

13         (b)  Class 2........................................$50

14  Servicing, recharging, repairing, installing, or inspecting

15  all types of fire extinguishers, including carbon dioxide

16  units, and conducting hydrostatic tests on all water, water

17  chemical, and dry chemical types of fire extinguishers, except

18  carbon dioxide units only.

19         (c)  Class 3........................................$50

20  Servicing, recharging, repairing, installing, or inspecting

21  all types of fire extinguishers, except recharging carbon

22  dioxide units, and conducting hydrostatic tests on all water,

23  water chemical, and dry chemical types of fire extinguishers,

24  except carbon dioxide units only.

25         (d)  Class 4........................................$65

26  Servicing, repairing, hydrotesting, recharging, installing, or

27  inspecting all types of preengineered fire extinguishing

28  systems.

29         (e)  Permits issued as duplicates or to reflect a

30  change of address..........................................$10

31

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  1  Any fire equipment permittee licensed pursuant to this

  2  subsection who does not want to engage in servicing,

  3  inspecting, recharging, repairing, hydrotesting, or installing

  4  halon equipment must file an affidavit on a form provided by

  5  the division so stating. Permits will be issued by the

  6  division to reflect the work authorized thereunder. It is

  7  unlawful, unlicensed activity for any person or firm to

  8  falsely hold himself or herself out to perform any service,

  9  inspection, recharge, repair, hydrotest, or installation

10  except as specifically described in the permit.

11         (3)(a)  Such licenses and permits shall be issued by

12  the State Fire Marshal for each license year beginning January

13  1 and expiring the following December 31.  The failure to

14  renew a license or permit by December 31 will cause the

15  license or permit to become inoperative.  The holder of an

16  inoperative license or permit shall not engage in any

17  activities for which a license or permit is required by this

18  section.  A license or permit which is inoperative because of

19  the failure to renew it shall be restored upon payment of the

20  applicable fee plus a penalty equal to the applicable fee, if

21  the application for renewal is filed no later than the

22  following March 31.  If the application for restoration is not

23  made before the March 31st deadline, the fee for restoration

24  shall be equal to the original application fee and the penalty

25  provided for herein, and, in addition, the State Fire Marshal

26  shall require reexamination of the applicant.  Each licensee

27  or permittee shall successfully complete a course or courses

28  of continuing education for fire equipment technicians within

29  5 years of initial issuance of a license or permit and within

30  every 5-year period thereafter or no such license or permit

31

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    Florida Senate - 1998                           CS for SB 2484
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  1  shall be renewed. The State Fire Marshal shall adopt rules

  2  describing the continuing education requirements.

  3         (b)  The forms of such licenses and permits and

  4  applications therefor shall be prescribed by the State Fire

  5  Marshal; in addition to such other information and data as

  6  that officer determines is appropriate and required for such

  7  forms, there shall be included in such forms the following

  8  matters. Each such application shall be in such form as to

  9  provide that the data and other information set forth therein

10  shall be sworn to by the applicant or, if a corporation, by an

11  officer thereof.  An application for a permit shall include

12  the name of the licensee employing such permittee, and the

13  permit issued in pursuance of such application shall also set

14  forth the name of such licensee. A permit is valid solely for

15  use by the holder thereof in his or her employment by the

16  licensee named in the permit.

17         (c)  A license of any class shall not be issued or

18  renewed by the State Fire Marshal and a license of any class

19  shall not remain operative unless:

20         1.  The applicant has submitted to the State Fire

21  Marshal evidence of registration as a Florida corporation or

22  evidence of compliance with s. 865.09.

23         2.  The State Fire Marshal or his or her designee has

24  by inspection determined that the applicant possesses the

25  equipment required for the class of license sought.  The State

26  Fire Marshal shall give an applicant a reasonable opportunity

27  to correct any deficiencies discovered by inspection. A fee of

28  $50, payable to the State Fire Marshal, shall be required for

29  any subsequent reinspection.

30         3.  The applicant has submitted to the State Fire

31  Marshal proof of insurance providing coverage for

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    Florida Senate - 1998                           CS for SB 2484
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  1  comprehensive general liability for bodily injury and property

  2  damage, products liability, completed operations, and

  3  contractual liability.  The State Fire Marshal shall adopt

  4  rules providing for the amounts of such coverage, but such

  5  amounts shall not be less than $300,000 for Class A or Class D

  6  licenses, $200,000 for Class B licenses, and $100,000 for

  7  Class C licenses; and the total coverage for any class of

  8  license held in conjunction with a Class D license shall not

  9  be less than $300,000.  The State Fire Marshal may, at any

10  time after the issuance of a license or its renewal, require

11  upon demand, and in no event more than 30 days after notice of

12  such demand, the licensee to provide proof of insurance, on a

13  form provided by the State Fire Marshal, containing

14  confirmation of insurance coverage as required by this

15  chapter. Failure, for any length of time, to provide proof of

16  insurance coverage as required shall result in the immediate

17  suspension of the license until proof of proper insurance is

18  provided to the State Fire Marshal. An insurer which provides

19  such coverage shall notify the State Fire Marshal of any

20  change in coverage or of any termination, cancellation, or

21  nonrenewal of any coverage.

22         4.  The applicant successfully completes a prescribed

23  training course offered by the State Fire College or an

24  equivalent course approved by the State Fire Marshal.  This

25  subparagraph does not apply to any holder of or applicant for

26  a permit under paragraph (d) or to a business organization or

27  a governmental entity seeking initial licensure or renewal of

28  an existing license solely for the purpose of inspecting,

29  servicing, repairing, marking, recharging, and maintaining

30  fire extinguishers used and located on the premises of and

31  owned by such organization or entity.

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  1         5.  The applicant has a current retestor identification

  2  number that is appropriate for the license for which the

  3  applicant is applying and that is listed with the U.S.

  4  Department of Transportation.

  5         6.5.  The applicant has passed, with a grade of at

  6  least 70 percent, a written examination testing his or her

  7  knowledge of the rules and statutes regulating the activities

  8  authorized by the license and demonstrating his or her

  9  knowledge and ability to perform those tasks in a competent,

10  lawful, and safe manner.  Such examination shall be developed

11  and administered by the State Fire Marshal, or his or her

12  designee.  An applicant shall pay a nonrefundable examination

13  fee of $50 for each examination or reexamination scheduled.

14  No reexamination shall be scheduled sooner than 30 days after

15  any administration of an examination to an applicant.  No

16  applicant shall be permitted to take an examination for any

17  level of license more than a total of four times during 1

18  year, regardless of the number of applications submitted.  As

19  a prerequisite to taking the examination, the applicant:

20         a.  Must be at least 18 years of age.

21         b.  Must have 4 years of proven experience as a fire

22  equipment permittee at a level equal to or greater than the

23  level of license applied for or have a combination of

24  education and experience determined to be equivalent thereto

25  by the State Fire Marshal.  Having held a permit at the

26  appropriate level for the required period constitutes the

27  required experience.

28         c.  Must not have been convicted of, or pled nolo

29  contendere to, any felony. If an applicant has been convicted

30  of any such felony, the applicant must comply with s.

31  112.011(2)(b).

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  1

  2  This subparagraph does not apply to any holder of or applicant

  3  for a permit under paragraph (d) or to a business organization

  4  or a governmental entity seeking initial licensure or renewal

  5  of an existing license solely for the purpose of inspecting,

  6  servicing, repairing, marking, recharging, hydrotesting, and

  7  maintaining fire extinguishers used and located on the

  8  premises of and owned by such organization or entity.

  9         (d)6.  An applicant who fails the examination may take

10  it three more times during the 1-year period after he or she

11  originally filed an application for the examination. If the

12  applicant fails the examination within 1 year after the

13  application date and seeks to retake the examination, he or

14  she must file a new application, pay the application and

15  examination fees, and successfully complete a prescribed

16  training course approved by the State Fire College or an

17  equivalent course approved by the State Fire Marshal.  An

18  applicant may not submit a new application within 6 months

19  after the date of his or her last reexamination.

20         (e)  A fire equipment dealer licensed under this

21  section may apply to upgrade the license currently held, if

22  the licensed dealer:

23         1.  Submits an application for the license on a form in

24  conformance with paragraph (b). The application must be

25  accompanied by a fee as prescribed in subsection (1) for the

26  type of license requested.

27         2.  Provides evidence of 2 years' experience as a

28  licensed dealer and meets such relevant educational

29  requirements as are established by rule by the State Fire

30  Marshal for purposes of upgrading a license.

31         3.  Meets the requirements of paragraph (c).

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  1         (f)(d)  No permit of any class shall be issued or

  2  renewed to a person by the State Fire Marshal, and no permit

  3  of any class shall remain operative, unless the person has:

  4         1.  Submitted a nonrefundable examination fee in the

  5  amount of $50;

  6         2.  Successfully completed a training course offered by

  7  the State Fire College or an equivalent course approved by the

  8  State Fire Marshal; and

  9         3.  Passed, with a grade of at least 70 percent, a

10  written examination testing his or her knowledge of the rules

11  and statutes regulating the activities authorized by the

12  permit and demonstrating his or her knowledge and ability to

13  perform those tasks in a competent, lawful, and safe manner.

14  Such examination shall be developed and administered by the

15  State Fire Marshal.  An examination fee shall be paid for each

16  examination scheduled.  No reexamination shall be scheduled

17  sooner than 30 days after any administration of an examination

18  to an applicant.  No applicant shall be permitted to take an

19  examination for any level of permit more than four times

20  during 1 year, regardless of the number of applications

21  submitted.  As a prerequisite to taking the permit

22  examination, the applicant must be at least 16 years of age.

23         (g)(e)  An applicant who fails the examination may take

24  it three more times during the 1-year period after he or she

25  originally filed an application for the examination.  If the

26  applicant fails the examination within 1 year after the

27  application date and he or she seeks to retake the

28  examination, he or she must file a new application, pay the

29  application and examination fees, and successfully complete a

30  prescribed training course offered by the State Fire College

31  or an equivalent course approved by the State Fire Marshal.

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  1  The applicant may not submit a new application within 6 months

  2  after the date of his or her last reexamination.

  3         (4)(a)  It is unlawful for a fire equipment dealer to

  4  engage in training an individual to perform the work of

  5  installing, testing, recharging, repairing, or inspecting

  6  portable extinguishers or preengineered systems except in

  7  conformity with this section.  Each individual engaging in

  8  such training activity must be registered with the State Fire

  9  Marshal.  The dealer must register the trainee prior to the

10  trainee performing any work. The dealer must submit training

11  criteria to the State Fire Marshal for review and approval.

12         (b)  No trainee shall perform work requiring a permit

13  unless an individual possessing a valid and current fire

14  equipment permit for the type of work performed is physically

15  present.  The trainee's registration shall be valid for a

16  90-day period from the date of issuance and is nontransferable

17  and nonrenewable. The initial training period may be extended

18  for an additional 90 days of training if the applicant has

19  filed an application for permit and enrolled in the 40-hour

20  course at the State Fire College within 60 days after the date

21  of registration as a trainee and either the training course at

22  the State Fire College was unavailable to the applicant within

23  the initial training period, at no fault of the applicant, or

24  the applicant attends and fails the 40-hour training course or

25  the competency examination. At no time will an individual be

26  registered as a trainee for more than two 90-day periods as

27  provided in this paragraph. The trainee must:

28         1.  Be 18 years of age.

29         2.  Possess on his or her person at all times a valid

30  Florida driver's license or a valid state identification card,

31  issued by the Department of Highway Safety and Motor Vehicles.

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  1  A trainee must produce identification to the State Fire

  2  Marshal or his or her designated representative upon demand.

  3         3.  Pay a fee for registration of $10 per trainee for a

  4  90-day period.

  5         (c)  No more than two trainees shall be under the

  6  supervision of a single trainer, who shall be directly

  7  responsible for all work performed by any trainee while under

  8  his or her supervision.  No trainee shall perform any work not

  9  within the scope of the license or permit held by the fire

10  equipment dealer or permittee directly supervising his or her

11  work.

12         (d)  Upon completion of a training period, an

13  individual must comply with the provisions of this section to

14  obtain a permit.

15         (5)  The State Fire Marshal shall adopt rules providing

16  for the approval of the time, place, and curriculum of each

17  training course required by this section.

18         (6)  Every permittee must have a valid and subsisting

19  permit upon his or her person at all times while engaging in

20  the servicing, recharging, repairing, testing, inspecting, or

21  installing of fire extinguishers and preengineered systems,

22  and every licensee or permittee must be able to produce such

23  license or permit upon demand.  In addition, every permittee

24  shall at all times carry an identification card containing his

25  or her photograph and other identifying information as

26  prescribed by the State Fire Marshal or the State Fire

27  Marshal's designee, which shall be produced on demand.  The

28  State Fire Marshal shall supply this card at a fee which shall

29  be related to the cost of producing the card.

30         (7)  The fees collected for any such licenses and

31  permits and the filing fees for license and permit examination

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  1  are hereby appropriated for the use of the State Fire Marshal

  2  in the administration of this chapter and shall be deposited

  3  in the Insurance Commissioner's Regulatory Trust Fund.

  4         (8)  The provisions of this chapter do not apply to

  5  inspections by fire chiefs, fire inspectors, fire marshals, or

  6  insurance company inspectors.

  7         (9)  All fire extinguishers and preengineered systems

  8  that which are required by statute or by rule must be

  9  serviced, recharged, repaired, hydrotested, tested, inspected,

10  and installed in compliance with this chapter and with the

11  rules adopted by the State Fire Marshal.  The State Fire

12  Marshal may adopt by rule the standards of the National Fire

13  Protection Association and of other reputable national

14  organizations.

15         (10)  If the licensee leaves the business organization

16  or dies, the business organization shall immediately notify

17  the State Fire Marshal of the licensee's departure, shall

18  return the license to the State Fire Marshal, and shall have a

19  grace period of 60 days in which to license another person

20  under the provisions of this chapter, failing which the

21  business shall no longer perform those activities for which a

22  license under this section is required.

23         Section 3.  Paragraph (b) of subsection (1) of section

24  633.065, Florida Statutes, is amended to read:

25         633.065  Requirements for installation, inspection, and

26  maintenance of fire suppression equipment.--

27         (1)  The requirements for installation of fire

28  extinguishers and preengineered systems are as follows:

29         (b)  Equipment supplied shall be listed by a nationally

30  recognized testing laboratory, such as Underwriters

31  Laboratories, Inc., or Factory Mutual Laboratories, Inc.

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  1  Equipment supplied for new installations or alterations of

  2  existing systems must be currently listed as described in this

  3  section. The State Fire Marshal shall adopt by rule procedures

  4  for determining whether a laboratory is nationally recognized,

  5  taking into account the laboratory's facilities, procedures,

  6  use of nationally recognized standards, and any other criteria

  7  reasonably calculated to reach an informed determination.

  8         Section 4.  Subsection (1) of section 633.071, Florida

  9  Statutes, is amended to read:

10         633.071  Standard service tag required on all fire

11  extinguishers and preengineered systems; serial number

12  required on all portable fire extinguishers.--

13         (1)  The State Fire Marshal shall adopt by rule

14  specifications as to the size, shape, color, and information

15  and data contained thereon of service tags to be attached to

16  all fire extinguishers and preengineered systems required by

17  statute or by rule, whether they be portable, stationary, or

18  on wheels when they are placed in service, installed,

19  serviced, repaired, tested, recharged, or inspected. Fire

20  extinguishers may be tagged only after meeting all standards

21  as set forth by this chapter, the standards of the National

22  Fire Protection Association, and all manufacturer's

23  specifications requirements. Preengineered systems may be

24  tagged only after a system has been inspected, serviced,

25  installed, repaired, tested, and recharged, and hydrotested in

26  compliance with this chapter, the standards of the National

27  Fire Protection Association, and the manufacturer's

28  specifications, and after a report, as specified by rule, has

29  been completed in detail, indicating any and all deficiencies

30  or deviations from the manufacturer's specifications and the

31  standards requirements of the National Fire Protection

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  1  Association. A copy of the inspection report shall be provided

  2  to the owner at the time of inspection, and, if a system is

  3  found to be in violation of this chapter, the manufacturer's

  4  specifications, or the standards of the National Fire

  5  Protection Association, a copy shall be forwarded to the state

  6  or local authority having jurisdiction within 30 days from the

  7  date of service. It shall be unlawful to place in service,

  8  service, test, repair, inspect, install, hydrotest, or

  9  recharge any fire extinguisher or preengineered system without

10  attaching one of these tags completed in detail, including the

11  actual month work was performed, or to use a tag not meeting

12  the specifications set forth by the State Fire Marshal.

13         Section 5.  Section 633.162, Florida Statutes, is

14  amended to read:

15         633.162  Disciplinary action; fire extinguisher or

16  preengineered systems; grounds for denial, nonrenewal,

17  suspension, or revocation of license or permit.--

18         (1)  The violation of any provision of this chapter or

19  any rule adopted and promulgated pursuant hereto or the

20  failure or refusal to comply with any notice or order to

21  correct a violation or any cease and desist order by any

22  person who possesses a license or permit issued pursuant to s.

23  633.061 is cause for denial, nonrenewal, revocation, or

24  suspension of such license or permit by the State Fire Marshal

25  after such officer has determined that the person is guilty of

26  such violation.  An order of suspension shall state the period

27  of time of such suspension, which period may not be in excess

28  of 2 years from the date of such order.  An order of

29  revocation may be entered for a period not exceeding 5 years.

30  Such orders shall effect suspension or revocation of all

31  licenses or permits then held by the person, and during such

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  1  period of time no license or permit shall be issued to such

  2  person. During the suspension or revocation of any license or

  3  permit, the former licensee or permittee shall not engage in

  4  or attempt or profess to engage in any transaction or business

  5  for which a license or permit is required under this chapter

  6  or directly or indirectly own, control, or be employed in any

  7  manner by any firm, business, or corporation for which a

  8  license or permit under this chapter is required. If, during

  9  the period between the beginning of proceedings and the entry

10  of an order of suspension or revocation by the State Fire

11  Marshal, a new license or permit has been issued to the person

12  so charged, the order of suspension or revocation shall

13  operate to suspend or revoke such new license or permit held

14  by such person.

15         (2)  The department shall not, so long as the

16  revocation or suspension remains in effect, grant any new

17  license or permit for the establishment of any new firm,

18  business, or corporation of any person or qualifier that has

19  or will have the same or similar management, ownership,

20  control, employees, permittees, or licensees, or will use a

21  same or similar name as a previously revoked or suspended

22  firm, business, corporation, person, or qualifier.

23         (3)  The State Fire Marshal may deny, nonrenew,

24  suspend, or revoke the license or permit of:

25         (a)  Any person, firm, or corporation the license of

26  which under this chapter has been suspended or revoked;

27         (b)  Any firm or corporation if an officer, qualifier,

28  director, stockholder, owner, or person interested directly or

29  indirectly in the firm or corporation has had his or her

30  license or permit under this chapter suspended or revoked; or

31

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  1         (c)  Any person who is or has been an officer,

  2  qualifier, director, stockholder, or owner of a firm or

  3  corporation, or who was interested directly or indirectly in a

  4  firm or corporation, the license or permit of which has been

  5  suspended or revoked under this chapter.

  6         (4)(2)  In addition to the grounds set forth in

  7  subsection (1), it is cause for denial, nonrenewal,

  8  revocation, or suspension of a license or permit by the State

  9  Fire Marshal if she or he determines that the licensee or

10  permittee has:

11         (a)  Rendered inoperative a fire extinguisher or

12  preengineered system required by statute or by rule, except

13  during such time as the extinguisher or preengineered system

14  is being inspected, serviced, repaired, hydrotested, or

15  recharged, or except pursuant to court order.

16         (b)  Falsified any record required to be maintained by

17  this chapter or rules adopted pursuant hereto.

18         (c)  Improperly serviced, recharged, repaired,

19  hydrotested, tested, or inspected a fire extinguisher or

20  preengineered system.

21         (d)  While holding a permit or license, allowed another

22  person to use the permit number or license number, or used a

23  license number or permit number other than her or his valid

24  license number or permit number.

25         (e)  Failed to provide proof of insurance to the State

26  Fire Marshal or failed to maintain in force the insurance

27  coverage required by s. 633.061.

28         (f)  Failed to obtain, retain, or maintain one or more

29  of the qualifications for a license or permit as specified in

30  this chapter.

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  1         (g)  Made a material misstatement, misrepresentation,

  2  or committed a fraud in obtaining or attempting to obtain a

  3  license or permit.

  4         (h)  Failed to notify the State Fire Marshal, in

  5  writing, within 30 days after a change of residence, principal

  6  business address, or name.

  7         (3)  In addition, the Department of Insurance shall not

  8  issue a new license or permit if it finds that the

  9  circumstance or circumstances for which the license or permit

10  was previously revoked or suspended still exist or are likely

11  to recur.

12         Section 6.  Section 633.171, Florida Statutes, is

13  amended to read:

14         633.171  Penalty for violation of law, rule, or order

15  to cease and desist or for failure to comply with corrective

16  order.--

17         (1)  The violation of any provision of this law, or any

18  order or rule of the State Fire Marshal or order to cease and

19  desist or to correct conditions issued hereunder, shall

20  constitute a misdemeanor of the second degree, punishable as

21  provided in s. 775.082 or s. 775.083.

22         (2)  It shall constitute a misdemeanor of the first

23  degree, punishable as provided in s. 775.082 or s. 775.083, to

24  intentionally or willfully:

25         (a)  Render a fire extinguisher or preengineered system

26  required by statute or by rule inoperative except during such

27  time as the said extinguisher or preengineered system is being

28  serviced, hydrotested, tested, repaired, or recharged, except

29  pursuant to court order.

30         (b)  Obliterate the serial number on a fire

31  extinguisher for purposes of falsifying service records.

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  1         (c)  Improperly service, recharge, repair, hydrotest,

  2  test, or inspect a fire extinguisher or preengineered system.

  3         (d)  Use the license or permit number of another

  4  person.

  5         (e)  Hold a permit and allow another person to use said

  6  permit number.

  7         (f)  Use, or permit the use of, any license by any

  8  individual or organization other than the one to whom the

  9  license is issued.

10         Section 7.  Present subsections (4) and (5) of section

11  633.547, Florida Statutes, are renumbered as subsections (6)

12  and (7), respectively, and new subsections (4) and (5) are

13  added to that section, to read:

14         633.547  Disciplinary action; fire protection system

15  contractors; grounds for denial, nonrenewal, suspension, or

16  revocation of certificate.--

17         (4)  During the suspension or revocation of the

18  certificate, the former certificateholder shall not engage in

19  or attempt to profess to engage in any transaction or business

20  for which a certificate is required under this chapter or

21  directly or indirectly own, control, or be employed in any

22  manner by any firm or corporation for which a certificate

23  under this chapter is required. The department shall not, so

24  long as the revocation or suspension remains in effect, grant

25  any new certificate for the establishment of any new firm,

26  business, or corporation of any person that has or will have

27  the same or similar management, ownership, control, or

28  employees or that will use a same or similar name as a

29  previously revoked or suspended firm, business, or

30  corporation.

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  1         (5)  The State Fire Marshal may deny, suspend, or

  2  revoke the certificate of:

  3         (a)  Any person, firm, or corporation the certificate

  4  of which under this chapter has been suspended or revoked.

  5         (b)  Any firm or corporation if an officer, director,

  6  stockholder, owner, or person interested directly or

  7  indirectly has had his or her certificate under this chapter

  8  suspended or revoked.

  9         (c)  Any person who is or has been an officer,

10  director, stockholder, or owner of a firm or corporation, or

11  who was interested directly or indirectly in a corporation,

12  the certificate of which has been suspended or revoked under

13  this chapter.

14         Section 8.  Paragraph (n) of subsection (3) of section

15  489.105, Florida Statutes, is amended to read:

16         489.105  Definitions.--As used in this part:

17         (3)  "Contractor" means the person who is qualified

18  for, and shall only be responsible for, the project contracted

19  for and means, except as exempted in this part, the person

20  who, for compensation, undertakes to, submits a bid to, or

21  does himself or herself or by others construct, repair, alter,

22  remodel, add to, demolish, subtract from, or improve any

23  building or structure, including related improvements to real

24  estate, for others or for resale to others; and whose job

25  scope is substantially similar to the job scope described in

26  one of the subsequent paragraphs of this subsection. For the

27  purposes of regulation under this part, "demolish" applies

28  only to demolition of steel tanks over 50 feet in height;

29  towers over 50 feet in height; other structures over 50 feet

30  in height, other than buildings or residences over three

31  stories tall; and buildings or residences over three stories

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    Florida Senate - 1998                           CS for SB 2484
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  1  tall. Contractors are subdivided into two divisions, Division

  2  I, consisting of those contractors defined in paragraphs

  3  (a)-(c), and Division II, consisting of those contractors

  4  defined in paragraphs (d)-(q):

  5         (n)  "Underground utility and excavation contractor"

  6  means a contractor whose services are limited to the

  7  construction, installation, and repair, on public or private

  8  property, of main sanitary sewer collection systems, main

  9  water distribution systems, storm sewer collection systems,

10  and the continuation of utility lines from the main systems to

11  a point of termination up to and including the meter location

12  for the individual occupancy, sewer collection systems at

13  property line on residential or single-occupancy commercial

14  properties, or on multioccupancy properties at manhole or wye

15  lateral extended to an invert elevation as engineered to

16  accommodate future building sewers, water distribution

17  systems, or storm sewer collection systems at storm sewer

18  structures. However, an underground utility and excavation

19  contractor may install empty underground conduits in

20  rights-of-way, easements, platted rights-of-way in new site

21  development, and sleeves for parking lot crossings no smaller

22  than 2 inches in diameter, provided that each conduit system

23  installed is designed by a licensed professional engineer or

24  an authorized employee of a municipality, county, or public

25  utility and that the installation of any such conduit does not

26  include installation of any conductor wiring or connection to

27  an energized electrical system. An underground utility and

28  excavation contractor shall not install any piping that is an

29  integral part of a fire protection system as defined in s.

30  633.021 s. 633.021(7) beginning at the point where the piping

31  is used exclusively for such system.

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  1         Section 9.  This act shall take effect October 1, 1998.

  2

  3          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  4                         Senate Bill 2484

  5

  6  Removes the requirement to increase the amount of insurance
    coverage that is mandated for applicants for licenses which
  7  are issued by the Division of State Fire Marshal.

  8  Revises certain criteria as to the type of work preformed by
    persons who hold particular classes of licenses or permits
  9  issued by the Division of State Fire Marshal.

10  Clarifies the disciplinary provisions for persons who hold
    licenses, permits and certificates issued by the Division of
11  State Fire Marshal.

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