CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5 ORIGINAL STAMP BELOW
6
7
8
9
10
11 The Committee on Insurance offered the following:
12
13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
15
16 and insert in lieu thereof:
17 Section 1. Section 442.0011, Florida Statutes, is
18 created to read:
19 442.0011 Application.--This chapter does not apply to
20 any firefighter employee, firefighter employer, or any place
21 of firefighter employment, as defined in s. 633.802, covered
22 by ss. 633.801-633.825.
23 Section 2. Sections 633.801, 633.802, 633.803,
24 633.804, 633.805, 633.806, 633.807, 633.808, 633.809, 633.810,
25 633.811, 633.812, 633.813, 633.814, 633.815, 633.816, 633.817,
26 633.818, 633.819, 633.820, 633.821, 633.823, and 633.825,
27 Florida Statutes, are created to read:
28 633.801 Short title.--Sections 633.801-633.825 may be
29 cited as the "Florida Firefighters Occupational Safety and
30 Health Act."
31 633.802 Definitions.--Unless the context clearly
1
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 requires otherwise, the following definitions apply to ss.
2 633.801-633.825:
3 (1) "Department" means the Department of Insurance.
4 (2) "Division" means the Division of State Fire
5 Marshal of the Department of Insurance.
6 (3) "Firefighter employee" means any person engaged in
7 any employment, public or private, as a firefighter under any
8 appointment or contract of hire or apprenticeship, express or
9 implied, oral or written, whether lawfully or unlawfully
10 employed, and includes all volunteer firefighters responding
11 to or assisting with fire or medical emergencies whether or
12 not the firefighter is on duty.
13 (4) "Firefighter employer" means the state and all
14 political subdivisions of the state, all public and
15 quasi-public corporations in the state, and every person
16 carrying on any employment in the state, which employs
17 firefighters or which uses volunteer firefighters.
18 (5) "Firefighter employment" or "employment" means any
19 service performed by a firefighter employee for the
20 firefighter employer, and includes the use of all volunteer
21 firefighters.
22 (6) "Firefighter place of employment" or "place of
23 employment" means the physical location at which the
24 firefighter is employed.
25 633.803 Legislative intent.--It is the intent of the
26 Legislature to enhance firefighter occupational safety and
27 health in this state through the implementation and
28 maintenance of policies, procedures, practices, rules, and
29 standards that reduce the incidence of firefighter employee
30 accidents, firefighter occupational diseases, and firefighter
31 fatalities compensable under chapter 440 or otherwise. The
2
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 Legislature further intends that the division develop a means
2 by which it can identify individual firefighter employers with
3 a high frequency or severity of work-related injuries; conduct
4 safety inspections of those firefighter employers; and assist
5 those firefighter employers in the development and
6 implementation of firefighter employee safety and health
7 programs. In addition, it is the intent of the Legislature
8 that the division administer the provisions of ss.
9 633.801-633.825; provide assistance to firefighter employers,
10 firefighter employees, and insurers; and enforce the policies,
11 rules, and standards set forth in ss. 633.801-633.825.
12 633.804 Safety inspections; consultations; rules.--The
13 division shall adopt rules governing the manner, means, and
14 frequency of firefighter employer and firefighter employee
15 safety inspections and consultations by all insurers and
16 self-insurers.
17 633.805 Division to make study of firefighter
18 occupational diseases, etc.--The division shall make a
19 continuous study of firefighter occupational diseases and the
20 ways and means for their control and prevention and shall make
21 and enforce necessary regulations for such control. For this
22 purpose, the division is authorized to cooperate with
23 firefighter employers, firefighter employees, and insurers,
24 and with the Department of Health.
25 633.806 Investigations by the division; refusal to
26 admit; penalty.--
27 (1) The division shall make studies and investigations
28 with respect to safety provisions and the causes of
29 firefighter injuries in firefighter places of employment, and
30 shall make to the Legislature, firefighter employers, and
31 insurers such recommendations as it considers proper as to the
3
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 best means of preventing firefighter injuries. In making such
2 studies and investigations, the division may:
3 (a) Cooperate with any agency of the United States
4 charged with the duty of enforcing any law securing safety
5 against injury in any place of firefighter employment covered
6 by ss. 633.801-633.825, or any agency or department of the
7 state engaged in enforcing any law to assure safety for
8 firefighter employees.
9 (b) Allow any such agency or department to have access
10 to the records of the division.
11 (2) The division and its authorized representatives
12 may enter and inspect any place of firefighter employment at
13 any reasonable time for the purpose of investigating
14 compliance with ss. 633.801-633.825 and making inspections for
15 the proper enforcement of ss. 633.801-633.825. Any
16 firefighter employer who refuses to admit any member of the
17 division or its authorized representative to any place of
18 firefighter employment or to allow investigation and
19 inspection pursuant to this paragraph commits a misdemeanor of
20 the second degree, punishable as provided in s. 775.082 or s.
21 775.083.
22 (3) The division by rule may adopt procedures for
23 conducting investigations of firefighter employers under ss.
24 633.801-633.825.
25 633.807 Safety; firefighter employer
26 responsibilities.--Every firefighter employer shall furnish to
27 firefighters employment that is safe for the firefighter
28 employees therein, furnish and use safety devices and
29 safeguards, adopt and use methods and processes reasonably
30 adequate to render such an employment and place of employment
31 safe, and do every other thing reasonably necessary to protect
4
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 the lives, health, and safety of such firefighter employees.
2 As used in this section, the terms "safe" and "safety" as
3 applied to any employment or place of firefighter employment
4 mean such freedom from danger as is reasonably necessary for
5 the protection of the lives, health, and safety of firefighter
6 employees, including conditions and methods of sanitation and
7 hygiene. Safety devices and safeguards required to be
8 furnished by the firefighter employer by this section or by
9 the division under authority of this section shall not include
10 personal apparel and protective devices that replace personal
11 apparel normally worn by firefighter employees during regular
12 working hours.
13 633.808 Division authority.--The division shall:
14 (1) Investigate and prescribe by rule what safety
15 devices, safeguards, or other means of protection must be
16 adopted for the prevention of accidents in every firefighter
17 place of employment or at any fire scene; determine what
18 suitable devices, safeguards, or other means of protection for
19 the prevention of occupational diseases must be adopted or
20 followed in any or all such firefighter places of employment
21 or at any fire scene; adopt reasonable rules for the
22 prevention of accidents and the safety, protection, and
23 security of firefighters engaged in interior firefighting; and
24 adopt reasonable rules for the prevention of occupational
25 diseases.
26 (2) Ascertain, fix, and order such reasonable
27 standards and rules for the construction, repair, and
28 maintenance of firefighter places of employment as shall
29 render them safe. Such rules and standards must be adopted in
30 accordance with chapter 120.
31 (3) Assist firefighter employers in the development
5
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 and implementation of firefighter employee safety training
2 programs by contracting with professional safety
3 organizations.
4 (4) Adopt rules prescribing recordkeeping
5 responsibilities for firefighter employers, which may include
6 rules for maintaining a log and summary of occupational
7 injuries, diseases, and illnesses and for producing on request
8 a notice of injury and firefighter employee accident
9 investigation records, and rules prescribing a retention
10 schedule for such records.
11 633.809 Right of entry.--The division and its
12 authorized representatives may enter at any reasonable time
13 any firefighter place of employment for the purpose of
14 examining any tool, appliance, or machinery used in such
15 employment and may make inspections for the proper enforcement
16 of ss. 633.801-633.825. A firefighter employer or owner may
17 not refuse to admit any member of the division or its
18 authorized representatives to any firefighter place of
19 employment.
20 633.810 Firefighter employers whose firefighter
21 employees have a high frequency of work-related injuries.--The
22 division shall develop a means by which it can identify
23 individual firefighter employers whose firefighter employees
24 have a high frequency or severity of work-related injuries.
25 The division shall carry out safety inspections of the
26 facilities and operations of these firefighter employers in
27 order to assist them in reducing the frequency and severity of
28 work-related injuries. The division shall develop safety and
29 health programs for those firefighter employers. Insurers
30 shall distribute these safety and health programs to the
31 firefighter employers so identified by the division. Those
6
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 firefighter employers identified by the division as having a
2 high frequency or severity of work-related injuries shall
3 implement a division-developed safety and health program. The
4 division shall carry out safety inspections of those
5 firefighter employers so identified to ensure compliance with
6 the safety and health program and to assist such firefighter
7 employers in reducing the number of work-related injuries.
8 The division may not assess penalties as the result of such
9 inspections, except as provided by s. 633.813. Copies of any
10 report made as the result of such an inspection must be
11 provided to the firefighter employer and its insurer.
12 Firefighter employers may submit their own safety and health
13 programs to the division for approval in lieu of using the
14 division-developed safety and health program. The division
15 must promptly review the program submitted and approve or
16 disapprove it. Upon approval by the division, the program
17 must be implemented by the firefighter employer. If the
18 program is not approved or if a program is not submitted, the
19 firefighter employer must implement the division-developed
20 program. The division shall adopt rules setting forth the
21 criteria for safety and health programs.
22 633.811 Insurer consultations.--Each insurer writing
23 workers' compensation insurance in this state, each
24 firefighter employer qualifying as an individual self-insurer
25 under s. 440.38, each self-insurance fund under s. 624.461,
26 and each assessable mutual insurer under s. 628.6011 must
27 provide safety consultations to each of its policyholders who
28 requests such consultations. Each such insurer or
29 self-insurer must inform its policyholders of the availability
30 of such consultations. The division is responsible for
31 approving all safety and health programs. The division shall
7
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 aid all insurers and self-insurers in establishing their
2 safety and health programs by setting out criteria in an
3 appropriate format.
4 633.812 Workplace safety committees and safety
5 coordinators.--
6 (1) In order to promote health and safety in places of
7 firefighter employment in this state:
8 (a) Each firefighter employer of 20 or more
9 firefighter employees shall establish and administer a
10 workplace safety committee in accordance with rules adopted
11 under this section.
12 (b) Each firefighter employer of fewer than 20
13 firefighter employees which is identified by the division as
14 having high frequency or severity of work-related injuries
15 shall establish and administer a workplace safety committee or
16 designate a workplace safety coordinator who shall establish
17 and administer workplace safety activities in accordance with
18 rules adopted under this section.
19 (2) The division shall adopt rules:
20 (a) Prescribing the membership of the workplace safety
21 committees so as to ensure an equal number of firefighter
22 employee representatives, who are volunteers or are elected by
23 their peers, and of firefighter employer representatives, and
24 specifying the frequency of meetings.
25 (b) Requiring firefighter employers to make adequate
26 records of each meeting and to file and to maintain the
27 records subject to inspection by the division.
28 (c) Prescribing the duties and functions of the
29 workplace safety committee and workplace safety coordinator,
30 which include, but are not limited to:
31 1. Establishing procedures for workplace safety
8
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 inspections by the committee.
2 2. Establishing procedures investigating all workplace
3 accidents, safety-related incidents, illnesses, and deaths.
4 3. Evaluating accident-prevention and
5 illness-prevention programs.
6 4. Prescribing guidelines for the training of safety
7 committee members.
8 (3) The composition, selection, and function of safety
9 committees shall be a mandatory topic of negotiations with any
10 certified collective bargaining agent for firefighter
11 employers that operate under a collective bargaining
12 agreement. Firefighter employers that operate under a
13 collective bargaining agreement that contains provisions
14 regulating the formation and operation of workplace safety
15 committees that meet or exceed the minimum requirements
16 contained in this section, or firefighter employers who
17 otherwise have existing workplace safety committees that meet
18 or exceed the minimum requirements established by this section
19 are in compliance with this section.
20 (4) Firefighter employees must be compensated their
21 regular hourly wage while engaged in workplace safety
22 committee or workplace safety coordinator training, meetings,
23 or other duties prescribed under this section.
24 633.813 Firefighter employer penalties.--If any
25 firefighter employer violates or fails or refuses to comply
26 with ss. 633.801-633.825, or with any rule adopted by the
27 division, in accordance with chapter 120, for the prevention
28 of injuries, accidents, or occupational diseases or with any
29 lawful order of the division in connection with ss.
30 633.801-633.825, or fails or refuses to furnish or adopt any
31 safety device, safeguard, or other means of protection
9
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 prescribed by the division under ss. 633.801-633.825 for the
2 prevention of injuries, accidents, or occupational diseases,
3 the division may assess against the firefighter employer a
4 civil penalty of not less than $100 nor more than $5,000 for
5 each day the violation, omission, failure, or refusal
6 continues after the firefighter employer has been given notice
7 thereof in writing. The total penalty for each violation may
8 not exceed $50,000. The division shall adopt rules requiring
9 penalties commensurate with the frequency or severity, or
10 both, of safety violations. A hearing must be held in the
11 county where the violation, omission, failure, or refusal is
12 alleged to have occurred, unless otherwise agreed to by the
13 firefighter employer and authorized by the division. All
14 penalties assessed and collected under this section shall be
15 deposited in the Insurance Commissioner's Regulatory Trust
16 Fund.
17 633.814 Division cooperation with Federal Government;
18 exemption from division requirements.--
19 (1) The division shall cooperate with the Federal
20 Government so that duplicate inspections will be avoided while
21 providing safe places of firefighter employment for the
22 citizens of this state.
23 (2) Except as provided in this section, a private
24 firefighter employer is not subject to the requirements of the
25 division if:
26 (a) The private firefighter employer is subject to the
27 federal regulations in 29 C.F.R., ss. 1910 and 1926.
28 (b) The private firefighter employer has adopted and
29 implemented a written safety program that conforms to the
30 requirements of 29 C.F.R., ss. 1910 and 1926.
31 (c) A private firefighter employer with 20 or more
10
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 full-time firefighter employees shall include provisions for a
2 safety committee in the safety program. The safety committee
3 must include firefighter employee representation and must meet
4 at least once each calendar quarter. The private firefighter
5 employer must make adequate records of each meeting and
6 maintain the records subject to inspections under subsection
7 (3). The safety committee shall, if appropriate, make
8 recommendations regarding improvements to the safety program
9 and corrections of hazards affecting workplace safety.
10 (d) The private firefighter employer provides the
11 division with a written statement that certifies compliance
12 with this subsection.
13 (3) The division may enter at any reasonable time any
14 place of firefighter employment for the purposes of verifying
15 the accuracy of the written certification. If the division
16 determines that the firefighter employer has not complied with
17 the requirements of subsection (2), the firefighter employer
18 shall be subject to the rules of the division until the
19 firefighter employer complies with subsection (2) and
20 recertifies that fact to the division.
21 (4) This section shall not restrict the division from
22 performing any duties pursuant to a written contract between
23 the division and the federal Occupational Safety and Health
24 Administration (OSHA).
25 633.815 Failure to implement a safety and health
26 program; cancellations.--If a firefighter employer that is
27 found by the division to have a high frequency or severity of
28 work-related injuries fails to implement a safety and health
29 program, the insurer or self-insurer's fund that is providing
30 coverage for the firefighter employer may cancel the contract
31 for insurance with the firefighter employer. In the
11
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 alternative, the insurer or fund may terminate any discount or
2 deviation granted to the firefighter employer for the
3 remainder of the term of the policy. If the contract is
4 canceled or the discount or deviation is terminated, the
5 insurer must make such reports as are required by law.
6 633.816 Expenses of administration.--The amounts that
7 are needed to administer ss. 633.801-633.825 shall be
8 disbursed from the Insurance Commissioner's Regulatory Trust
9 Fund.
10 633.817 Refusal to admit; penalty.--The division and
11 its authorized representatives may enter and inspect any place
12 of firefighter employment at any reasonable time for the
13 purpose of investigating compliance with ss. 633.801-633.825
14 and conducting inspections for the proper enforcement of ss.
15 633.801-633.825. A firefighter employer who refuses to admit
16 any member of the division or its authorized representative to
17 any place of employment or to allow investigation and
18 inspection pursuant to this paragraph, commits a misdemeanor
19 of the second degree, punishable as provided in s. 775.082 or
20 s. 775.083.
21 633.818 Firefighter employee rights and
22 responsibilities.--
23 (1) Each firefighter employee of a firefighter
24 employer covered under ss. 633.801-633.825 shall comply with
25 rules adopted by the division and with reasonable workplace
26 safety and health standards, rules, policies, procedures, and
27 work practices established by the firefighter employer and the
28 workplace safety committee. A firefighter employee who
29 knowingly fails to comply with this subsection may be
30 disciplined or discharged by the firefighter employer.
31 (2) A firefighter employer may not discharge, threaten
12
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 to discharge, cause to be discharged, intimidate, coerce,
2 otherwise discipline, or in any manner discriminate against a
3 firefighter employee for any of the following reasons:
4 (a) The firefighter employee has testified or is about
5 to testify, on her or his own behalf, or on behalf of others,
6 in any proceeding instituted under ss. 633.801-633.825.
7 (b) The firefighter employee has exercised any other
8 right afforded under ss. 633.801-633.825.
9 (c) The firefighter employee is engaged in activities
10 relating to the workplace safety committee.
11 (3) Neither pay, position, seniority, nor other
12 benefit may be lost for exercising any right under, or for
13 seeking compliance with, any requirement of ss.
14 633.801-633.825.
15 633.819 Compliance.--Failure of a firefighter employer
16 or an insurer to comply with ss. 633.801-633.825, or with any
17 rules adopted under ss. 633.801-633.825, constitutes grounds
18 for the division to seek remedies, including injunctive
19 relief, for compliance by making appropriate filings with the
20 Circuit Court of Leon County.
21 633.820 False statements to insurers.--A firefighter
22 employer who knowingly and willfully falsifies or conceals a
23 material fact; makes a false, fictitious, or fraudulent
24 statement or representation; or makes or uses any false
25 document knowing the document to contain any false,
26 fictitious, or fraudulent entry or statement to an insurer of
27 workers' compensation insurance under ss. 633.801-633.825
28 commits a misdemeanor of the second degree, punishable as
29 provided in s. 775.082 or s. 775.083.
30 633.821 Insurer penalties.--If any insurer violates,
31 fails, or refuses to comply with ss. 633.801-633.825 or with
13
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 any rule adopted or order issued under ss. 633.801-633.825,
2 the division, after notice and hearing in accordance with
3 chapter 120, may assess against the insurer a civil penalty of
4 not less than $100 nor more than $5,000 each day the
5 violation, failure, or refusal continues after the insurer has
6 been given written notice thereof. The total penalty for each
7 violation, failure, or refusal may not exceed $50,000. The
8 division shall adopt rules providing for penalties for
9 noncompliance with ss. 633.801-633.825 by insurers. All
10 penalties assessed and collected under this section shall be
11 deposited in the Insurance Commissioner's Regulatory Trust
12 Fund.
13 633.823 Matters within jurisdiction of the division;
14 false, fictitious, or fraudulent acts, statements, and
15 representations prohibited; penalty; statute of
16 limitations.--A person may not, in any matter within the
17 jurisdiction of the division, knowingly and willfully falsify
18 or conceal a material fact; make any false, fictitious, or
19 fraudulent statement or representation; or make or use any
20 false document, knowing the same to contain any false,
21 fictitious, or fraudulent statement or entry. A person who
22 violates this section commits a misdemeanor of the second
23 degree, punishable as provided in s. 775.082 or s. 775.083.
24 The statute of limitations for prosecution of an act committed
25 in violation of this section is 5 years after the date the act
26 was committed or, if not discovered within 30 days after the
27 act was committed, 5 years after the date the act was
28 discovered.
29 633.825 Workplace safety.--
30 (1) The division shall assist in making the workplace
31 a safer place to work and decreasing the frequency and
14
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 severity of on-the-job injuries.
2 (2) The division shall have the authority to adopt
3 rules for the purpose of assuring safe working conditions for
4 all firefighter employees by authorizing the enforcement of
5 effective standards, assisting and encouraging firefighter
6 employers to maintain safe working conditions, and by
7 providing for education and training in the field of safety.
8 For firefighter employers, the division may by rule adopt
9 subparts C through T and subpart Z of 29 C.F.R. part 1910;
10 subparts C through Z of 29 C.F.R. part 1926; subparts A
11 through D, subpart I, and subpart M of 29 C.F.R. part 1928;
12 subparts A through G of 29 C.F.R. part 1917; subparts A
13 through L and subpart Z of 29 C.F.R. part 1915; subparts A
14 through J of 29 C.F.R. part 1918, latest revision, provided
15 that 29 C.F.R. s. 1910.156 applies to volunteer firefighters
16 and fire departments operated by the state or political
17 subdivisions; the National Fire Protection Association, Inc.,
18 Standard 1500, paragraph 5-7 (Personal Alert Safety System)
19 (1992 edition); and ANSI A 10.4-1990.
20 (3) The provisions of chapter 440 which pertain to
21 workplace safety shall be applicable to the division.
22 (4) The division shall have authority to adopt any
23 rule necessary to implement, interpret, and make specific any
24 matter pertaining to any subject or reference contained in
25 this section, including all of the provisions referred to in
26 subsection (2), as they relate to firefighter employees,
27 firefighter employers, and firefighter places of employment.
28 Section 3. Effective June 30, 2000, and, if this act
29 becomes a law after June 30, 2000, operating retroactively to
30 June 30, 2000, section 14 of chapter 99-240, Laws of Florida,
31 is amended to read:
15
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 Section 14. Sections Chapter 442, Florida Statutes,
2 consisting of ss. 442.001, 442.002, 442.003, 442.004, 442.005,
3 442.006, 442.007, 442.008, 442.009, 442.0105 442.1015,
4 442.011, 442.012, 442.013, 442.014, 442.015, 442.016, 442.017,
5 442.018, 442.019, 442.020, 442.021, 442.022, 442.023, 442.101,
6 442.102, 442.103, 442.104, 442.105, 442.106, 442.107, 442.108,
7 442.109, 442.111, 442.112, 442.113, 442.115, 442.116, 442.118,
8 442.1185, 442.119, 442.121, 442.123, 442.125, 442.126,
9 442.127, 442.20, and 442.21, Florida Statutes, are is repealed
10 July 1, 2000. The Department of Labor and Employment Security
11 shall submit to the Governor and the Legislature by January 1,
12 2000, a report on a proposed reauthorization of the Division
13 of Safety and the provisions of chapter 442, Florida Statutes,
14 based upon the following criteria:
15 (1) External requirements mandating that the State of
16 Florida provide a state agency for employment safety issues;
17 (2) Internal organizational requirements that
18 necessitate a state agency for safety issues and a review of
19 state agency practices for the provision of existing
20 safety-related activities.
21 (3) A compilation of best practices among public and
22 private employers which achieve safety results without the
23 creation of a governmental regulatory apparatus.
24 (4) The appropriateness of a management-by-exception
25 system in which the division functions as a contract
26 performance auditor for the development of internal risk and
27 safety management issues among employers.
28 Section 4. Except as otherwise provided herein, this
29 act shall take effect July 1, 2000.
30
31
16
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805
HOUSE AMENDMENT
Bill No. HB 1151
Amendment No. 1 (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 remove from the title of the bill: the entire title
4
5 and insert in lieu thereof:
6 A bill to be entitled
7 An act relating to firefighter occupational
8 health and safety; creating s. 442.0011, F.S.;
9 excluding application of chapter 442, F.S., to
10 firefighter employees, employers, and places of
11 employment; creating ss. 633.801, 633.802,
12 633.803, 633.804, 633.805, 633.806, 633.807,
13 633.808, 633.809, 633.810, 633.811, 633.812,
14 633.813, 633.814, 633.815, 633.816, 633.817,
15 633.818, 633.819, 633.820, 633.821, 633.823,
16 and 633.825, F.S.; providing a short title;
17 providing definitions; providing in chapter
18 633, F.S., and applying to firefighter
19 employees, firefighter employers, and
20 firefighter places of employment, the workplace
21 safety and health provisions of chapter 442,
22 F.S.; providing duties and responsibilities of
23 the Division of State Fire Marshal of the
24 Department of Insurance; requiring the division
25 to adopt certain rules; providing penalties;
26 amending s. 14, chapter 99-240, Laws of
27 Florida; saving chapter 442, F.S., from repeal;
28 providing for retroactive effect; providing
29 effective dates.
30
31
17
File original & 9 copies 04/17/00
hin0002 06:12 pm 01151-in -722805