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





                                                   HOUSE AMENDMENT

    hbd-02                               Bill No. HB 739, 1st Eng.

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Gay offered the following:

12

13         Amendment (with title amendment) 

14         On page 9, between lines 15 and 16, of the bill

15

16  insert:

17         Section 9.  Workplace Safety Research and Review

18  Advisory Council.--

19         (1)  There is created the Workplace Safety Research and

20  Review Advisory Council which will advise and recommend to the

21  Commissioner of Insurance and State Fire Marshal and, where

22  appropriate, to the Legislature changes in, and interpretation

23  of, firefighter occupational safety and health standards. The

24  council shall exclusively recommend for adoption any changes

25  or modifications to occupational safety and health standards.

26  Notwithstanding any provision of law to the contrary, the

27  Department of Insurance and Financial Services may only

28  promulgate rules, relating to occupational health and safety

29  for firefighters, that have been approved by majority vote of

30  the council. The council shall also:

31         (a)  Advise the department on directions for new

                                  1

    File original & 9 copies    04/27/00
    hbd0002                     04:17 pm         00739-0074-974161




                                                   HOUSE AMENDMENT

    hbd-02                               Bill No. HB 739, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  research and review and approve proposals for rule changes.

 2         (b)  Consult and cooperate with employing agencies

 3  concerning the development of occupational health and safety

 4  standards for firefighters.

 5         (c)  Make recommendations concerning any matter within

 6  its purview pursuant to this section.

 7         (d)  Review and approve or deny appeals from

 8  firefighter employers of department actions.

 9         (2)  The council shall be composed of 17 members

10  appointed as follows:

11         (a)  Two members selected by the Commissioner of

12  Insurance; one who shall be the commissioner or his or her

13  designee, and one who shall be an employee of the State Fire

14  Marshal.

15         (b)  Two members selected by the Florida Fire Chiefs

16  Association, who shall be administrative officers from a fire

17  department representing a municipality, fire district, or

18  county.

19         (c)  Two members shall be firefighters currently

20  employed as firefighters in a city, fire district, or county

21  who are not officers.

22         (d)  Two firefighters who are representatives of a

23  volunteer fire department; one from a rural community and one

24  from an urban community.

25         (e)  Two members selected by the Florida League of

26  Cities, who shall be city elected officials or their

27  designees.

28         (f)  Two members selected by the Florida Association of

29  Counties, who shall be county elected officials or their

30  designees.

31         (g)  Two members selected by the Florida Association of

                                  2

    File original & 9 copies    04/27/00
    hbd0002                     04:17 pm         00739-0074-974161




                                                   HOUSE AMENDMENT

    hbd-02                               Bill No. HB 739, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  Special Districts, who shall be fire district representatives.

 2         (h)  One member selected by the Bureau of Safety,

 3  Division of Workers' Compensation, who shall be an employee of

 4  the bureau.

 5         (i)  One member selected by the top twenty writers of

 6  workers' compensation premiums in Florida, who shall be a

 7  representative of one or more of those companies.

 8         (j)  One member selected by the Florida Public Risk

 9  Insurance Management Association, who is employed as a public

10  sector risk management administrator in a local government.

11         (3)  Members shall be appointed for a term of 3 years,

12  with the appointments being staggered so that the terms of no

13  more than 6 members expire in any 1 year. No member shall

14  serve more than two consecutive terms. Members shall serve

15  only as long as they continue to meet the criteria under which

16  they were appointed or unless a member has failed to appear at

17  three consecutive and properly noticed meetings, unless

18  excused by the chair. Any vacancy shall be filled in the

19  manner of the original appointment for the remaining time of

20  the term.

21         (4)  The two members selected by the commissioner shall

22  serve as the chair and vice chair. Nine members shall

23  constitute a quorum. The council shall meet at the call of the

24  chair, at the request of a majority of its membership, at the

25  request of the department, or at such times as may be

26  prescribed by its rules. Members shall serve without

27  remuneration, but shall be reimbursed for per diem and travel

28  expenses as provided in s. 112.061, Florida Statutes.

29         (5)  In making the appointments, the appointing

30  authority shall take into consideration representation by

31  geography, population, and other relevant factors in order

                                  3

    File original & 9 copies    04/27/00
    hbd0002                     04:17 pm         00739-0074-974161




                                                   HOUSE AMENDMENT

    hbd-02                               Bill No. HB 739, 1st Eng.

    Amendment No.     (for drafter's use only)





 1  that the membership on the council will be apportioned to give

 2  representation to the state at large rather than to a

 3  particular area.

 4         (6)  Membership on the council shall not disqualify a

 5  member from holding any other public office or being employed

 6  by a public entity except that no member of the Legislature

 7  shall serve on the council.

 8

 9

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

11  And the title is amended as follows:

12         On page 2, line 16,

13

14  after the semicolon insert:

15         creating the Workplace Safety Research and

16         Review Advisory Council; providing for

17         membership; providing for review of firefighter

18         occupational safety and health standards and

19         recommendations to the Commissioner of

20         Insurance and the Legislature; providing for

21         approval by the council of certain rules;

22

23

24

25

26

27

28

29

30

31

                                  4

    File original & 9 copies    04/27/00
    hbd0002                     04:17 pm         00739-0074-974161