CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Community Affairs offered the following:

12

13         Amendment (with title amendment) 

14         On page 88, line 31 of the bill

15

16  insert:  Section 52.  Effective October 1, 1998, present

17  subsections (7) through (25) of section 633.021, Florida

18  Statutes, are redesignated as subsections (8) through (26),

19  respectively, and a new subsection (7) is added to that

20  section, to read:

21         633.021  Definitions.--As used in this chapter:

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

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

24         (b)  Is manually operated.

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

26  expelled under pressure.

27         (d)  Is rechargeable or nonrechargeable.

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

29  inspected, and hydrotested according to applicable procedures

30  of the manufacturer, standards of the National Fire Protection

31  Association, and the Code of Federal Regulations.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1         (f)  Is listed by a nationally recognized testing

 2  laboratory.

 3         Section 53.  Effective October 1, 1998, section

 4  633.061, Florida Statutes, is amended to read:

 5         633.061  License or permit required of organizations

 6  and individuals servicing, recharging, repairing, testing,

 7  marking, inspecting, or installing, or hydrotesting fire

 8  extinguishers and preengineered systems.--

 9         (1)  It is unlawful for any organization or individual

10  to engage in the business of servicing, repairing, recharging,

11  testing, marking, inspecting, or installing, or hydrotesting

12  any fire extinguisher or preengineered system in this state

13  except in conformity with the provisions of this chapter.

14  Each organization or individual that which engages in such

15  activity must possess a valid and subsisting license issued by

16  the State Fire Marshal.  All fire extinguishers and

17  preengineered systems required by statute or by rule must be

18  serviced by an organization or individual licensed under the

19  provisions of this chapter.  The licensee is legally qualified

20  to act for the business organization in all matters connected

21  with its business, and the licensee must supervise all

22  activities undertaken by such business organization. Each

23  licensee shall maintain a specific business location. A

24  further requirement, in the case of multiple locations where

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

26  licensee who maintains more than one place of business where

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

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

29  no licensed individual may not qualify for more than five

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

31  performed depending upon the class of license held. Licenses

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1  and license fees are required for the following:

 2         (a)  Class A.......................................$150

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

 4  fire extinguishers, including recharging carbon dioxide units,

 5  and to conduct hydrostatic tests on all types of fire

 6  extinguishers, including carbon dioxide units.

 7         (b)  Class B.......................................$100

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

 9  fire extinguishers, including recharging carbon dioxide units

10  and conducting hydrostatic tests on all water, water chemical,

11  and dry chemical types of fire extinguishers, except carbon

12  dioxide units only.

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

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

15  fire extinguishers, except recharging carbon dioxide units,

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

17  and dry chemical types of fire extinguishers, except carbon

18  dioxide units only.

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

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

21  all types of preengineered fire extinguishing systems.

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

23  change of address..........................................$10

24

25  Any fire equipment dealer licensed pursuant to this subsection

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

27  inspecting, recharging, repairing, hydrotesting, or installing

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

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

30  division to reflect the work authorized thereunder. It is

31  unlawful, unlicensed activity for any person or firm to

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1  falsely hold himself or herself or a business organization out

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

 3  hydrotest, or installation except as specifically described in

 4  the license.

 5         (2)  Each individual actually performing the work of

 6  servicing, recharging, repairing, hydrotesting, installing,

 7  testing, or inspecting fire extinguishers or preengineered

 8  systems must possess a valid and subsisting permit issued by

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

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

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

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

13  permittee is working.  Permits and fees therefor are required

14  for the following:

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

16  Servicing, recharging, repairing, installing, or inspecting

17  all types of fire extinguishers, including carbon dioxide

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

19  extinguishers, including carbon dioxide units.

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

21  Servicing, recharging, repairing, installing, or inspecting

22  all types of fire extinguishers, including carbon dioxide

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

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

25  carbon dioxide units only.

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

27  Servicing, recharging, repairing, installing, or inspecting

28  all types of fire extinguishers, except recharging carbon

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

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

31  except carbon dioxide units only.

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





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

 2  Servicing, repairing, hydrotesting, recharging, installing, or

 3  inspecting all types of preengineered fire extinguishing

 4  systems.

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

 6  change of address..........................................$10

 7

 8  Any fire equipment permittee licensed pursuant to this

 9  subsection who does not want to engage in servicing,

10  inspecting, recharging, repairing, hydrotesting, or installing

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

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

13  division to reflect the work authorized thereunder. It is

14  unlawful, unlicensed activity for any person or firm to

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

16  inspection, recharge, repair, hydrotest, or installation

17  except as specifically described in the permit.

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

19  the State Fire Marshal for each license year beginning January

20  1 and expiring the following December 31.  The failure to

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

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

23  inoperative license or permit shall not engage in any

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

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

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

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

28  the application for renewal is filed no later than the

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

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





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

 2  shall require reexamination of the applicant.  Each licensee

 3  or permittee shall successfully complete a course or courses

 4  of continuing education for fire equipment technicians within

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

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

 7  shall be renewed. The State Fire Marshal shall adopt rules

 8  describing the continuing education requirements.

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

10  applications therefor shall be prescribed by the State Fire

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

12  that officer determines is appropriate and required for such

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

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

15  provide that the data and other information set forth therein

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

17  officer thereof.  An application for a permit shall include

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

19  permit issued in pursuance of such application shall also set

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

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

22  licensee named in the permit.

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

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

25  shall not remain operative unless:

26         1.  The applicant has submitted to the State Fire

27  Marshal evidence of registration as a Florida corporation or

28  evidence of compliance with s. 865.09.

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

30  by inspection determined that the applicant possesses the

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1  Fire Marshal shall give an applicant a reasonable opportunity

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

 3  $50, payable to the State Fire Marshal, shall be required for

 4  any subsequent reinspection.

 5         3.  The applicant has submitted to the State Fire

 6  Marshal proof of insurance providing coverage for

 7  comprehensive general liability for bodily injury and property

 8  damage, products liability, completed operations, and

 9  contractual liability.  The State Fire Marshal shall adopt

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

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

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

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

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

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

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

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

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

19  form provided by the State Fire Marshal, containing

20  confirmation of insurance coverage as required by this

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

22  insurance coverage as required shall result in the immediate

23  suspension of the license until proof of proper insurance is

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

25  such coverage shall notify the State Fire Marshal of any

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

27  nonrenewal of any coverage.

28         4.  The applicant successfully completes a prescribed

29  training course offered by the State Fire College or an

30  equivalent course approved by the State Fire Marshal.  This

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





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

 2  a governmental entity seeking initial licensure or renewal of

 3  an existing license solely for the purpose of inspecting,

 4  servicing, repairing, marking, recharging, and maintaining

 5  fire extinguishers used and located on the premises of and

 6  owned by such organization or entity.

 7         5.  The applicant has a current retestor identification

 8  number that is appropriate for the license for which the

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

10  Department of Transportation.

11         6.5.  The applicant has passed, with a grade of at

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

13  knowledge of the rules and statutes regulating the activities

14  authorized by the license and demonstrating his or her

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

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

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

18  designee.  An applicant shall pay a nonrefundable examination

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

20  No reexamination shall be scheduled sooner than 30 days after

21  any administration of an examination to an applicant.  No

22  applicant shall be permitted to take an examination for any

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

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

25  a prerequisite to taking the examination, the applicant:

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

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

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

29  level of license applied for or have a combination of

30  education and experience determined to be equivalent thereto

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1  appropriate level for the required period constitutes the

 2  required experience.

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

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

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

 6  112.011(1)(b).

 7

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

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

10  or a governmental entity seeking initial licensure or renewal

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

12  servicing, repairing, marking, recharging, hydrotesting, and

13  maintaining fire extinguishers used and located on the

14  premises of and owned by such organization or entity.

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

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

17  originally filed an application for the examination. If the

18  applicant fails the examination within 1 year after the

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

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

21  examination fees, and successfully complete a prescribed

22  training course approved by the State Fire College or an

23  equivalent course approved by the State Fire Marshal.  An

24  applicant may not submit a new application within 6 months

25  after the date of his or her last reexamination.

26         (e)  A fire equipment dealer licensed under this

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

28  the licensed dealer:

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

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1  type of license requested.

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

 3  licensed dealer and meets such relevant educational

 4  requirements as are established by rule by the State Fire

 5  Marshal for purposes of upgrading a license.

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

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

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

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

10         1.  Submitted a nonrefundable examination fee in the

11  amount of $50;

12         2.  Successfully completed a training course offered by

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

14  State Fire Marshal; and

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

16  written examination testing his or her knowledge of the rules

17  and statutes regulating the activities authorized by the

18  permit and demonstrating his or her knowledge and ability to

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

20  Such examination shall be developed and administered by the

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

22  examination scheduled.  No reexamination shall be scheduled

23  sooner than 30 days after any administration of an examination

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

25  examination for any level of permit more than four times

26  during 1 year, regardless of the number of applications

27  submitted.  As a prerequisite to taking the permit

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

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

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

31  originally filed an application for the examination.  If the

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1  applicant fails the examination within 1 year after the

 2  application date and he or she seeks to retake the

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

 4  application and examination fees, and successfully complete a

 5  prescribed training course offered by the State Fire College

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

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

 8  after the date of his or her last reexamination.

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

10  engage in training an individual to perform the work of

11  installing, testing, recharging, repairing, or inspecting

12  portable extinguishers or preengineered systems except in

13  conformity with this section.  Each individual engaging in

14  such training activity must be registered with the State Fire

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

16  trainee performing any work. The dealer must submit training

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

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

19  unless an individual possessing a valid and current fire

20  equipment permit for the type of work performed is physically

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

22  90-day period from the date of issuance and is nontransferable

23  and nonrenewable. The initial training period may be extended

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

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

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

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

28  the State Fire College was unavailable to the applicant within

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

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 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 or her person at all times a valid

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

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

 7  A trainee must produce identification to the State Fire

 8  Marshal or his or her 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 or her person at all times while engaging in

26  the 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  or her photograph and other identifying information as

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1  prescribed by the State Fire Marshal or the State Fire

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

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

 4  be related to the 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  that which are required by statute or by rule must be

15  serviced, recharged, repaired, hydrotested, tested, inspected,

16  and installed in compliance with this chapter and with the

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

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

19  Protection Association and of other reputable national

20  organizations.

21         (10)  If the licensee leaves the business organization

22  or dies, the business organization shall immediately notify

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

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

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

26  under the provisions of this chapter, failing which the

27  business shall no longer perform those activities for which a

28  license under this section is required.

29         Section 54.  Effective October 1, 1998, paragraph (b)

30  of subsection (1) of section 633.065, Florida Statutes, is

31  amended to read:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1         633.065  Requirements for installation, inspection, and

 2  maintenance of fire suppression equipment.--

 3         (1)  The requirements for installation of fire

 4  extinguishers and preengineered systems are as follows:

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

 6  recognized testing laboratory, such as Underwriters

 7  Laboratories, Inc., or Factory Mutual Laboratories, Inc.

 8  Equipment supplied for new installations or alterations of

 9  existing systems must be currently listed as described in this

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

11  for determining whether a laboratory is nationally recognized,

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

13  use of nationally recognized standards, and any other criteria

14  reasonably calculated to reach an informed determination.

15         Section 55.  Effective October 1, 1998, subsection (1)

16  of section 633.071, Florida Statutes, is amended to read:

17         633.071  Standard service tag required on all fire

18  extinguishers and preengineered systems; serial number

19  required on all portable fire extinguishers.--

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

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

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

23  all fire extinguishers and preengineered systems required by

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

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

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

27  extinguishers may be tagged only after meeting all standards

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

29  Fire Protection Association, and all manufacturer's

30  specifications requirements. Preengineered systems may be

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





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

 2  compliance with this chapter, the standards of the National

 3  Fire Protection Association, and the manufacturer's

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

 5  been completed in detail, indicating any and all deficiencies

 6  or deviations from the manufacturer's specifications and the

 7  standards requirements of the National Fire Protection

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

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

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

11  specifications, or the standards of the National Fire

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

13  or local authority having jurisdiction within 30 days from the

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

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

16  recharge any fire extinguisher or preengineered system without

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

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

19  the specifications set forth by the State Fire Marshal.

20         Section 56.  Effective October 1, 1998, section

21  633.162, Florida Statutes, is amended to read:

22         633.162  Disciplinary action; fire extinguisher or

23  preengineered systems; grounds for denial, nonrenewal,

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

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

26  any rule adopted and promulgated pursuant hereto or the

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

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

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

30  633.061 is cause for denial, nonrenewal, revocation, or

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





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

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

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

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

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

 6  Such orders shall effect suspension or revocation of all

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

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

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

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

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

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

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

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

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

16  the period between the beginning of proceedings and the entry

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

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

19  so charged, the order of suspension or revocation shall

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

21  by such person.

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

23  revocation or suspension remains in effect, grant any new

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

25  business, or corporation of any person or qualifier which has

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

27  control, employees, permittees, or licensees which, or will

28  use a same or similar name as a previously revoked or

29  suspended firm, business, corporation, person, or qualifier.

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

31  suspend, or revoke the license or permit of:

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





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

 2  which under this chapter has been suspended or revoked;

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

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

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

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

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

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

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

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

11  suspended or revoked under this chapter.

12         (4)(2)  In addition to the grounds set forth in

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

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

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

16  permittee has:

17         (a)  Rendered inoperative a fire extinguisher or

18  preengineered system required by statute or by rule, except

19  during such time as the extinguisher or preengineered system

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

21  recharged, or except pursuant to court order.

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

23  this chapter or rules adopted pursuant hereto.

24         (c)  Improperly serviced, recharged, repaired,

25  hydrotested, tested, or inspected a fire extinguisher or

26  preengineered system.

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

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

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

30  license number or permit number.

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1  Fire Marshal or failed to maintain in force the insurance

 2  coverage required by s. 633.061.

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

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

 5  this chapter.

 6         (g)  Made a material misstatement, misrepresentation,

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

 8  license or permit.

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

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

11  business address, or name.

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

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

14  circumstance or circumstances for which the license or permit

15  was previously revoked or suspended still exist or are likely

16  to recur.

17         Section 57.  Effective October 1, 1998, section

18  633.171, Florida Statutes, is amended to read:

19         633.171  Penalty for violation of law, rule, or order

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

21  order.--

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

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

24  desist or to correct conditions issued hereunder, shall

25  constitute a misdemeanor of the second degree, punishable as

26  provided in s. 775.082 or s. 775.083.

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

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

29  intentionally or willfully:

30         (a)  Render a fire extinguisher or preengineered system

31  required by statute or by rule inoperative except during such

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1  time as the said extinguisher or preengineered system is being

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

 3  pursuant to court order.

 4         (b)  Obliterate the serial number on a fire

 5  extinguisher for purposes of falsifying service records.

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

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

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

 9  person.

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

11  permit number.

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

13  individual or organization other than the one to whom the

14  license is issued.

15         Section 58.  Effective October 1, 1998, present

16  subsections (4) and (5) of section 633.547, Florida Statutes,

17  are renumbered as subsections (6) and (7), respectively, and

18  new subsections (4) and (5) are added to that section, to

19  read:

20         633.547  Disciplinary action; fire protection system

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

22  revocation of certificate.--

23         (4)  During the suspension or revocation of the

24  certificate, the former certificateholder shall not engage in

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

26  for which a certificate is required under this chapter or

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

28  manner by any firm or corporation for which a certificate

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

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





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

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

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

 4  previously revoked or suspended firm, business, or

 5  corporation.

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

 7  revoke the certificate of:

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

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

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

11  stockholder, owner, or person interested directly or

12  indirectly has had his or her certificate under this chapter

13  suspended or revoked.

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

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

16  who was interested directly or indirectly in a corporation,

17  the certificate of which has been suspended or revoked under

18  this chapter.

19         Section 59.  Effective October 1, 1998, paragraph (n)

20  of subsection (3) of section 489.105, Florida Statutes, is

21  amended to read:

22         489.105  Definitions.--As used in this part:

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

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

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

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

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

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

29  building or structure, including related improvements to real

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

31  scope is substantially similar to the job scope described in

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





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

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

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

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

 5  in height, other than buildings or residences over three

 6  stories tall; and buildings or residences over three stories

 7  tall. Contractors are subdivided into two divisions, Division

 8  I, consisting of those contractors defined in paragraphs

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

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

11         (n)  "Underground utility and excavation contractor"

12  means a contractor whose services are limited to the

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

14  property, of main sanitary sewer collection systems, main

15  water distribution systems, storm sewer collection systems,

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

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

18  for the individual occupancy, sewer collection systems at

19  property line on residential or single-occupancy commercial

20  properties, or on multioccupancy properties at manhole or wye

21  lateral extended to an invert elevation as engineered to

22  accommodate future building sewers, water distribution

23  systems, or storm sewer collection systems at storm sewer

24  structures. However, an underground utility and excavation

25  contractor may install empty underground conduits in

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

27  development, and sleeves for parking lot crossings no smaller

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

29  installed is designed by a licensed professional engineer or

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

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

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1  include installation of any conductor wiring or connection to

 2  an energized electrical system. An underground utility and

 3  excavation contractor shall not install any piping that is an

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

 5  633.021 s. 633.021(7) beginning at the point where the piping

 6  is used exclusively for such system.

 7

 8

 9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 7, line 26

12

13  insert:  after ";"

14         An act relating to fire prevention and control;

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

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

17         requiring an individual or organization that

18         hydrotests fire extinguishers and preengineered

19         systems to obtain a permit or license from the

20         State Fire Marshal; revising the services that

21         may be performed under certain licenses and

22         permits issued by the State Fire Marshal;

23         providing additional application requirements;

24         providing requirements for obtaining an

25         upgraded license; amending ss. 633.065,

26         633.071, F.S.; providing requirements for

27         installing and inspecting fire suppression

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

29         prohibiting an owner, officer, or partner of a

30         company from applying for licensure if the

31         license held by the company is suspended or

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                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4439

    Amendment No. 11 (for drafter's use only)





 1         revoked; revising the grounds upon which the

 2         State Fire Marshal may deny, revoke, or suspend

 3         a license or permit; providing restrictions on

 4         activities of former licenseholders and

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

 6         the prohibition against rendering a fire

 7         extinguisher or preengineered system

 8         inoperative to conform to changes made by the

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

10         State Fire Marshal authority to suspend and

11         revoke certificates; providing restrictions on

12         the activities of former certificateholders

13         whose certificates are suspended or revoked;

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

15         contracting; conforming a cross-reference to

16         changes made by the act;

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