HOUSE AMENDMENT
                                                  Bill No. HB 1655
    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) Clarke, Alexander, and Miller offered the
12  following:
13  
14         Amendment to Amendment (325659) (with title amendment) 
15         On page 178, between lines 21 and 22 of the amendment
16  
17  insert:  
18         Section 1.  Effective July 1, 2001, section 633.801,
19  Florida Statutes, is created to read:
20         633.801  Short title.--Sections 633.801 through 633.825
21  may be cited as the "Florida Firefighter Occupational Safety
22  and Health Act."
23         Section 2.  Effective July 1, 2001, section 633.802,
24  Florida Statutes, is created to read:
25         633.802  Definitions.--As used in ss. 633.801-633.825,
26  unless the context clearly indicates otherwise, the term:
27         (1)  "Department" means the Department of Insurance.
28         (2)  "Division" means the Division of State Fire
29  Marshal of the Department of Insurance.
30         (3)  "Firefighter employee" means any person engaged in
31  any employment, public or private, as a firefighter under any
                                  1
    File original & 9 copies    04/27/01                          
    hec0002                     11:52 am         01655-0069-920569

HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 appointment or contract of hire or apprenticeship, express or 2 implied, oral or written, whether lawfully or unlawfully 3 employed, and responding to or assisting with fire and medical 4 emergencies whether or not the firefighter is on duty, except 5 those appointed under s. 590.02(1)(d). 6 (4) "Firefighter employer" means the state and all 7 political subdivisions thereof, all public and quasi-public 8 corporations therein, and any person carrying on any 9 employment thereof, which employs firefighters or which uses 10 volunteer firefighters, except those appointed under s. 11 590.02(1)(d). 12 (5) "Firefighter employment" or "employment" means any 13 service performed by a firefighter employee for the 14 firefighter employer. 15 (6) "Place of firefighter employment" or "place of 16 employment" means the physical location at which the 17 firefighter is employed. 18 Section 3. Effective July 1, 2001, section 633.803, 19 Florida Statutes, is created to read: 20 633.803 Legislative intent.--It is the intent of the 21 Legislature to enhance firefighter occupational safety and 22 health in this state through the implementation and 23 maintenance of policies, procedures, practices, rules, and 24 standards that reduce the incidence of firefighter employee 25 accidents, firefighter occupational diseases, and firefighter 26 fatalities compensable under chapter 440 or otherwise. The 27 Legislature further intends that the division develop a means 28 by which it can identify individual firefighter employers with 29 a high frequency or severity of work-related injuries, conduct 30 safety inspections of those firefighter employers, and assist 31 those firefighter employers in the development and 2 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 implemention of firefighter employee safety and health 2 programs. In addition, it is the intent of the Legislature 3 that the division administer the provisions of ss. 4 633.801-633.825; provide assistance to firefighter employers, 5 firefighter employees, and insurers; and enforce the policies, 6 rules, and standards set forth in ss. 633.801-633.825. 7 Section 4. Effective July 1, 2001, section 633.804, 8 Florida Statutes, is created to read: 9 633.804 Safety inspections, consultations; rules.--The 10 division shall adopt rules governing the manner, means, and 11 frequency of firefighter employer and firefighter employee 12 safety inspections and consultations by all insurers and 13 self-insurers. 14 Section 5. Effective July 1, 2001, section 633.805, 15 Florida Statutes, is created to read: 16 633.805 Division to make study of firefighter 17 occupational diseases, etc.--The division shall make a 18 continuous study of firefighter occupational diseases and the 19 ways and means for their control and prevention and shall make 20 and enforce necessary regulations for such control. For this 21 purpose, the division is authorized to cooperate with 22 firefighter employers, firefighter employees, and insurers and 23 with the Department of Health. 24 Section 6. Effective July 1, 2001, section 633.806, 25 Florida Statutes, is created to read: 26 633.806 Investigations by the division; refusal to 27 admit; penalty.-- 28 (1) The division shall make studies and investigations 29 with respect to safety provisions and the causes of 30 firefighter injuries in places of firefighter employment, and 31 shall make to the Legislature and firefighter employers and 3 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 insurers such recommendations as it considers proper as to the 2 best means of preventing firefighter injuries. In making such 3 studies and investigations, the division may: 4 (a) Cooperate with any agency of the United States 5 charged with the duty of enforcing any law securing safety 6 against injury in any place of firefighter employment covered 7 by ss. 633.801-633.825, or any agency or department of the 8 state engaged in enforcing any law to assure safety for 9 firefighter employees. 10 (b) Allow any such agency or department to have access 11 to the records of the division. 12 (2) The division by rule may adopt procedures for 13 conducting investigations of firefighter employers under ss. 14 633.801-633.825. 15 Section 7. Effective July 1, 2001, section 633.807, 16 Florida Statutes, is created to read: 17 633.807 Safety; firefighter employer 18 responsibilities.--Every firefighter employer shall furnish to 19 firefighters employment that is safe for the firefighter 20 employees, furnish and use safety devices and safeguards, 21 adopt and use methods and processes reasonably adequate to 22 render such an employment and place of employment safe, and do 23 every other thing reasonably necessary to protect the lives, 24 health, and safety of such firefighter employees. As used in 25 this section, the terms "safe" and "safety" as applied to any 26 employment or place of firefighter employment mean such 27 freedom from danger as is reasonably necessary for the 28 protection of the lives, health, and safety of firefighter 29 employees, including conditions and methods of sanitation and 30 hygiene. Safety devices and safeguards required to be 31 furnished by the firefighter employer by this section or by 4 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 the division under authority of this section shall not include 2 personal apparel and protective devices that replace personal 3 apparel normally worn by firefighter employees during regular 4 working hours. 5 Section 8. Effective July 1, 2001, section 633.808, 6 Florida Statutes, is created to read: 7 633.808 Division authority.--The division shall: 8 (1) Investigate and prescribe by rule what safety 9 devices, safeguards, or other means of protection must be 10 adopted for the prevention of accidents in every place of 11 firefighter employment or at any fire scene; determine what 12 suitable devices, safeguards, or other means of protection for 13 the prevention of occupational diseases must be adopted or 14 followed in any or all such places of firefighter employment 15 or at any fire scene; and adopt reasonable rules for the 16 prevention of accidents, the safety, protection, and security 17 of firefighters engaged in interior firefighting, and the 18 prevention of occupational diseases. 19 (2) Ascertain, fix, and order such reasonable 20 standards and rules for the construction, repair, and 21 maintenance of places of firefighter employment as shall 22 render them safe. Such rules and standards must be adopted in 23 accordance with chapter 120. 24 (3) Assist firefighter employers in the development 25 and implementation of firefighter employee safety training 26 programs by contracting with professional safety 27 organizations. 28 (4) Adopt rules prescribing recordkeeping 29 responsibilities for firefighter employers, which may include 30 rules for maintaining a log and summary of occupational 31 injuries, diseases, and illnesses and for producing on request 5 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 a notice of injury and firefighter employee accident 2 investigation records, and rules prescribing a retention 3 schedule for such records. 4 Section 9. Effective July 1, 2001, section 633.810, 5 Florida Statutes, is created to read: 6 633.810 Firefighter employers whose firefighter 7 employees have a high frequency or severity of work-related 8 injuries.--The division shall develop a means by which it can 9 identify individual firefighter employers whose firefighter 10 employees have a high frequency or severity of work-related 11 injuries. The division shall carry out safety inspections of 12 the facilities and operations of these firefighter employers 13 in order to assist them in reducing the frequency and severity 14 of work-related injuries. The division shall develop safety 15 and health programs for those firefighter employers. Insurers 16 shall distribute these safety and health programs to the 17 firefighter employers so identified by the division. Those 18 firefighter employers identified by the division as having a 19 high frequency or severity of work-related injuries shall 20 implement a division-developed safety and health program. The 21 division shall carry out safety inspections of those 22 firefighter employers so identified to ensure compliance with 23 the safety and health program and to assist such firefighter 24 employers in reducing the number of work-related injuries. The 25 division may not assess penalties as the result of such 26 inspections, except as provided by s. 633.813. Copies of any 27 report made as the result of such an inspection must be 28 provided to the firefighter employer and its insurer. 29 Firefighter employers may submit their own safety and health 30 programs to the division for approval in lieu of using the 31 division-developed safety and health program. The division 6 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 must promptly review the program submitted and approve or 2 disapprove it. Upon approval by the division, the program must 3 be implemented by the firefighter employer. If the program is 4 not approved or if a program is not submitted, the firefighter 5 employer must implement the division-developed program. The 6 division shall adopt rules setting forth the criteria for 7 safety and health programs, as such rules relate to this 8 section. 9 Section 10. Effective July 1, 2001, section 633.812, 10 Florida Statutes, is created to read: 11 633.812 Workplace safety committees and safety 12 coordinators.-- 13 (1) In order to promote health and safety in places of 14 firefighter employment in this state: 15 (a) Each firefighter employer of 20 or more 16 firefighter employees shall establish and administer a 17 workplace safety committee in accordance with rules adopted 18 under this section. 19 (b) Each firefighter employer of fewer than 20 20 firefighter employees that is identified by the division as 21 having a high frequency or severity of work-related injuries 22 shall establish and administer a workplace safety committee or 23 designate a workplace safety coordinator who shall establish 24 and administer workplace safety activities in accordance with 25 rules adopted under this section. 26 (2) The division shall adopt rules: 27 (a) Prescribing the membership of the workplace safety 28 committees so as to ensure an equal number of firefighter 29 employee representatives, who are volunteers or are elected by 30 their peers, and of firefighter employer representatives and 31 specifying the frequency of meetings. 7 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 (b) Requiring firefighter employers to make adequate 2 records of each meeting and to file and maintain the records 3 subject to inspection by the division. 4 (c) Prescribing the duties and functions of the 5 workplace safety committee and workplace safety coordinator, 6 which include, but are not limited to: 7 1. Establishing procedures for workplace safety 8 inspections by the committee. 9 2. Establishing procedures investigating all workplace 10 accidents, safety-related incidents, illnesses, and deaths. 11 3. Evaluating accident prevention and illness 12 prevention programs. 13 4. Prescribing guidelines for the training of 14 workplace safety committee members. 15 (3) The composition, selection, and function of 16 workplace safety committees shall be a mandatory topic of 17 negotiations with any certified collective bargaining agent 18 for firefighter employers that operate under a collective 19 bargaining agreement. Firefighter employers that operate under 20 a collective bargaining agreement that contains provisions 21 regulating the formation and operation of workplace safety 22 committees that meet or exceed the minimum requirements 23 contained in this section, or that otherwise have existing 24 workplace safety committees that meet or exceed the minimum 25 requirements established by this section, are in compliance 26 with this section. 27 (4) Firefighter employees must be compensated at their 28 regular hourly wages while engaged in workplace safety 29 committee or workplace safety coordinator training, meetings, 30 or other duties prescribed under this section. 31 Section 11. Effective July 1, 2001, section 633.813, 8 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 Florida Statutes, is created to read: 2 633.813 Firefighter employer penalties.--If any 3 firefighter employer violates or fails or refuses to comply 4 with ss. 633.801-633.825, any rule adopted by the division in 5 accordance with chapter 120 for the prevention of injuries, 6 accidents, or occupational diseases, or any lawful order of 7 the division in connection with ss. 633.801-633.825, or fails 8 or refuses to furnish or adopt any safety device, safeguard, 9 or other means of protection prescribed by the division under 10 ss. 633.801-633.825 for the prevention of accidents or 11 occupational diseases, the division may assess against the 12 firefighter employer a civil penalty of not less than $100 nor 13 more than $5,000 for each day the violation, failure, or 14 refusal continues after the firefighter employer has been 15 given notice thereof in writing. The total penalty for each 16 violation may not exceed $50,000. The division shall adopt 17 rules requiring penalties commensurate with the frequency or 18 severity, or both, of safety violations. A hearing must be 19 held in the county where the violation, failure, or refusal is 20 alleged to have occurred unless otherwise agreed to by the 21 firefighter employer and authorized by the division. All 22 penalties assessed and collected under this section shall be 23 deposited in the Insurance Commissioner's Regulatory Trust 24 Fund. 25 Section 12. Effective July 1, 2001, section 633.814, 26 Florida Statutes, is created to read: 27 633.814 Division cooperation with Federal Government; 28 exemption from division requirements.-- 29 (1) The division shall cooperate with the Federal 30 Government so that duplicate inspections will be avoided yet 31 assure safe places of firefighter employment for the citizens 9 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 of this state. 2 (2) Except as provided in this section, a private 3 firefighter employer is not subject to the requirements of the 4 division if: 5 (a) The private firefighter employer is subject to the 6 federal regulations in 29 C.F.R. ss. 1910 and 1926; 7 (b) The private firefighter employer has adopted and 8 implemented a written safety program that conforms to the 9 requirements of 29 C.F.R. ss. 1910 and 1926; 10 (c) A private firefighter employer with 20 or more 11 full-time firefighter employees includes provisions for a 12 workplace safety committee in its safety program. The 13 workplace safety committee must include firefighter employee 14 representation and must meet at least once each calendar 15 quarter. The private firefighter employer must make adequate 16 records of each meeting and maintain the records subject to 17 inspections under subsection (3). The workplace safety 18 committee shall, if appropriate, make recommendations 19 regarding improvements to the safety program and corrections 20 of hazards affecting workplace safety; and 21 (d) The private firefighter employer provides the 22 division with a written statement that certifies compliance 23 with this subsection. 24 (3) The division may enter at any reasonable time any 25 place of firefighter employment for the purpose of verifying 26 the accuracy of the written certification required pursuant to 27 paragraph (2)(d). If the division determines that the 28 firefighter employer has not complied with the requirements of 29 subsection (2), the firefighter employer shall be subject to 30 the rules of the division until the firefighter employer 31 complies with subsection (2) and recertifies that fact to the 10 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 division. 2 (4) This section shall not restrict the division from 3 performing any duties pursuant to a written contract between 4 the division and the federal Occupational Safety and Health 5 Administration (OSHA). 6 Section 13. Effective July 1, 2001, section 633.815, 7 Florida Statutes, is created to read: 8 633.815 Failure to implement a safety and health 9 program; cancellations.--If a firefighter employer that is 10 found by the division to have a high frequency or severity of 11 work-related injuries fails to implement a safety and health 12 program, the insurer or self-insurer's fund that is providing 13 coverage for the firefighter employer may cancel the contract 14 for insurance with the firefighter employer. In the 15 alternative, the insurer or fund may terminate any discount or 16 deviation granted to the firefighter employer for the 17 remainder of the term of the policy. If the contract is 18 canceled or the discount or deviation is terminated, the 19 insurer must make such reports as are required by law. 20 Section 14. Effective July 1, 2001, section 633.816, 21 Florida Statutes, is created to read: 22 633.816 Expenses of administration.--The amounts that 23 are needed to administer ss. 633.801-633.825 shall be 24 disbursed from the Insurance Commissioner's Regulatory Trust 25 Fund. 26 Section 15. Effective July 1, 2001, section 633.817, 27 Florida Statutes, is created to read: 28 633.817 Refusal to admit; penalty.--The division and 29 its authorized representatives may enter and inspect any place 30 of firefighter employment at any reasonable time for the 31 purpose of investigating compliance with ss. 633.801-633.825 11 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 and conducting inspections for the proper enforcement of ss. 2 633.801-633.825. A firefighter employer who refuses to admit 3 any member of the division or its authorized representative to 4 any place of employment or to allow investigation and 5 inspection pursuant to this section commits a misdemeanor of 6 the second degree, punishable as provided in s. 775.082 or s. 7 775.083. 8 Section 16. Effective July 1, 2001, section 633.818, 9 Florida Statutes, is created to read: 10 633.818 Firefighter employee rights and 11 responsibilities.-- 12 (1) Each firefighter employee of a firefighter 13 employer covered under ss. 633.801-633.825 shall comply with 14 rules adopted by the division and with reasonable workplace 15 safety and health standards, rules, policies, procedures, and 16 work practices established by the firefighter employer and the 17 workplace safety committee. A firefighter employee who 18 knowingly fails to comply with this subsection may be 19 disciplined or discharged by the firefighter employer. 20 (2) A firefighter employer may not discharge, threaten 21 to discharge, cause to be discharged, intimidate, coerce, 22 otherwise discipline, or in any manner discriminate against a 23 firefighter employee for any of the following reasons: 24 (a) The firefighter employee has testified or is about 25 to testify, on her or his own behalf or on behalf of others, 26 in any proceeding instituted under ss. 633.801-633.825; 27 (b) The firefighter employee has exercised any other 28 right afforded under ss. 633.801-633.825; or 29 (c) The firefighter employee is engaged in activities 30 relating to the workplace safety committee. 31 (3) Neither pay, position, seniority, nor other 12 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 benefit may be lost for exercising any right under, or for 2 seeking compliance with any requirement of, ss. 3 633.801-633.825. 4 Section 17. Effective July 1, 2001, section 633.819, 5 Florida Statutes, is created to read: 6 633.819 Compliance.--Failure of a firefighter employer 7 or an insurer to comply with ss. 633.801-633.825 or with any 8 rules adopted thereunder constitutes grounds for the division 9 to seek remedies, including injunctive relief, for 10 noncompliance by making appropriate filings with the circuit 11 court. 12 Section 18. Effective July 1, 2001, section 633.820, 13 Florida Statutes, is created to read: 14 633.820 False statements to insurers.--A firefighter 15 employer who knowingly and willfully falsifies or conceals a 16 material fact, makes a false, fictitious, or fraudulent 17 statement or representation, or makes or uses any false 18 document knowing the document to contain any false, 19 fictitious, or fraudulent entry or statement to an insurer of 20 workers' compensation insurance under ss. 633.801-633.825 21 commits a misdemeanor of the second degree, punishable as 22 provided in s. 775.082 or s. 775.083. 23 Section 19. Effective July 1, 2001, section 633.823, 24 Florida Statutes, is created to read: 25 633.823 Matters within jurisdiction of the division; 26 false, fictitious, or fraudulent acts, statements, and 27 representations prohibited; penalty; statute of 28 limitations.--A person may not, in any matter within the 29 jurisdiction of the division, knowingly and willfully falsify 30 or conceal a material fact; make any false, fictitious, or 31 fraudulent statement or representation; or make or use any 13 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 false document, knowing the same to contain any false, 2 fictitious, or fraudulent statement or entry. A person who 3 violates this section commits a misdemeanor of the second 4 degree, punishable as provided in s. 775.082 or s. 775.083. 5 The statute of limitations for prosecution of an act committed 6 in violation of this section is 5 years after the date the act 7 was committed or, if not discovered within 30 days after the 8 act was committed, 5 years after the date the act was 9 discovered. 10 Section 20. Effective July 1, 2001, section 633.824, 11 Florida Statutes, is created to read: 12 633.824 Volunteer firefighters; volunteer fire 13 departments.--Sections 633.803-633.825 apply to volunteer 14 firefighters and volunteer fire departments. 15 Section 21. Effective July 1, 2001, section 633.825, 16 Florida Statutes, is created to read: 17 633.825 Workplace safety.-- 18 (1) The division shall assist in making places of 19 firefighter employment safer places to work and decreasing the 20 frequency and severity of work-related injuries. 21 (2) The division shall have the authority to adopt 22 rules for the purpose of assuring safe working conditions for 23 all firefighter employees by authorizing the enforcement of 24 effective standards, assisting and encouraging firefighter 25 employers to maintain safe working conditions, and providing 26 for education and training in the field of safety. 27 Specifically, the division may by rule adopt all or any part 28 of subparts C through T and subpart Z of 29 C.F.R. part 1910 29 as revised April 8, 1998; the National Fire Protection 30 Association, Inc., Standard 1500, paragraph 5-7 (Personal 31 Alert Safety System) (1992 edition); and ANSI A 10.4-1990. 14 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the 2 two individuals located outside the immediately dangerous to 3 life and health atmosphere may be assigned to an additional 4 rule, such as incident commander, pumper operator, engineer, 5 or driver, so long as such individual is able to immediately 6 perform assistance or rescue activities without jeopardizing 7 the safety or health of any firefighter working at an 8 incident. Also with respect to 29 C.F.R. s. 1910.134(g)(4): 9 (a) Each county, municipality, or special district 10 shall implement such provision by April 1, 2002, except as 11 provided in paragraph (b). 12 (b) If any county, municipality, or special district 13 is unable to implement such provision by April 1, 2002, 14 without adding additional personnel to its firefighting staff 15 or expending significant additional funds, such county, 16 municipality, or special district shall have an additional 6 17 months within which to implement such provision. Such county, 18 municipality, or special district shall notify the division 19 that the 6-month extension to implement such provision is in 20 effect in such county, municipality, or special district 21 within 30 days after its decision to extend the time for an 22 additional 6 months. The decision to extend the time for 23 implementation shall be made prior to April 1, 2002. 24 (c) If, after the extension granted in paragraph (b), 25 the county, municipality, or special district, after having 26 worked with and cooperated fully with the division and the 27 Firefighters Employment, Standards, and Training Council, is 28 still unable to implement such provision without adding 29 additional personnel to its firefighting staff or expending 30 significant additional funds, such county, municipality, or 31 special district shall be exempt from the requirements of 29 15 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 C.F.R. s. 1910.134(g)(4). Nevertheless, each year thereafter 2 the division shall review each such county, municipality, or 3 special district to determine if such county, municipality, or 4 special district has the ability to implement such provision 5 without adding additional personnel to its firefighting staff 6 or expending significant additional funds. If the division 7 determines that any county, municipality, or special district 8 has the ability to implement such provision without adding 9 additional personnel to its firefighting staff or expending 10 significant additional funds, the division shall require such 11 county, municipality, or special district to implement such 12 provision. Such requirement by the division under this 13 paragraph constitutes final agency action subject to chapter 14 120. 15 (4) The provisions of chapter 440 which pertain to 16 workplace safety shall be applicable to the division. 17 (5) The division shall have the authority to adopt any 18 rule necessary to implement, interpret, and make specific the 19 provisions of this section; however, the division may not 20 adopt by rule any other standard or standards of the 21 Occupational Safety and Health Administration or the National 22 Fire Protection Association without specific legislative 23 authority. 24 Section 22. Paragraph (c) of subsection (3) of section 25 383.3362, Florida Statutes, is amended to read: 26 383.3362 Sudden Infant Death Syndrome.-- 27 (3) TRAINING.-- 28 (c) The Department of Health, in consultation with the 29 Emergency Medical Services Advisory Council, the Firefighters 30 Employment, Standards, and Training Council, and the Criminal 31 Justice Standards and Training Commission, shall develop and 16 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 adopt, by rule, curriculum that, at a minimum, includes 2 training in the nature of SIDS, standard procedures to be 3 followed by law enforcement agencies in investigating cases 4 involving sudden deaths of infants, and training in responding 5 appropriately to the parents or caretakers who have requested 6 assistance. 7 Section 23. Subsection (4) of section 633.30, Florida 8 Statutes, is amended to read: 9 633.30 Standards for firefighting; definitions.--As 10 used in this chapter: 11 (4) "Council" means the Firefighters Employment, 12 Standards, and Training Council. 13 Section 24. Effective July 1, 2001, subsections (1) 14 and (2) of section 633.31, Florida Statutes, are amended to 15 read: 16 633.31 Firefighters Employment, Standards, and 17 Training Council.-- 18 (1) There is created within the Department of 19 Insurance a Firefighters Employment, Standards, and Training 20 Council of thirteen nine members appointed by the State Fire 21 Marshal. Two members shall be fire chiefs who shall be 22 appointed by the Florida Fire Chiefs Association, two members 23 shall be firefighters who are not officers who shall be 24 appointed by the Florida Professional Firefighters' 25 Association, two members shall be firefighter officers who are 26 not fire chiefs who shall be appointed by the State Fire 27 Marshal, one member shall be appointed by the Florida League 28 of Cities, one member shall be appointed by the Florida 29 Association of Counties, one member shall be appointed by the 30 Florida Association of Special Districts, one member shall be 31 appointed by the Florida Fire Marshal's Association, one 17 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 member shall be appointed by the State Fire Marshal, and one 2 member shall be a director or instructor of a state-certified 3 firefighting training facility who shall be appointed by the 4 State Fire Marshal. To be eligible for appointment as a fire 5 chief member, firefighter officer member, firefighter member, 6 or a director or instructor of a state-certified firefighting 7 facility, a person shall have had at least 4 years' experience 8 in the firefighting profession. The remaining member, who 9 shall be appointed by the State Fire Marshal, two members 10 shall not be a member or representative members of the 11 firefighting profession or of any local government. Members 12 shall serve only as long as they continue to meet the criteria 13 under which they were appointed, or unless a member has failed 14 to appear at three consecutive and properly noticed meetings 15 unless excused by the chair. 16 (2) Initially, the State Fire Marshal shall appoint 17 three members for terms of 4 years, two members for terms of 3 18 years, two members for terms of 2 years, and two members for 19 terms of 1 year. Thereafter, Members shall be appointed for 20 4-year terms and in no event shall a member serve more than 21 two consecutive terms. Any vacancy shall be filled in the 22 manner of the original appointment for the remaining time of 23 the term. 24 Section 25. Subsection (4) of section 633.32, Florida 25 Statutes, is amended to read: 26 633.32 Organization; meetings; quorum; compensation; 27 seal.-- 28 (4) The council may adopt a seal for its use 29 containing the words "Firefighters Employment, Standards, and 30 Training Council." 31 Section 26. Subsections (4) and (5) of section 633.33, 18 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 Florida Statutes, are amended to read: 2 633.33 Special powers; firefighter training.--The 3 council shall have special powers in connection with the 4 employment and training of firefighters to: 5 (4) Consult and cooperate with any employing agency, 6 university, college, community college, the Florida State Fire 7 College, or other educational institution concerning the 8 employment and safety of firefighters, including, but not 9 limited to, the safety of firefighters while at the scene of a 10 fire and at the scene of any incident related to emergency 11 services to which a firefighter responds, development of 12 firefighter training schools and programs of courses of 13 instruction, including, but not limited to, education and 14 training in the areas of fire science, fire technology, fire 15 administration, and all allied and supporting fields. 16 (5) Make or support studies on any aspect of 17 firefighting employment, education, and training or 18 recruitment. 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 190, of the amendment 24 25 after the semicolon, insert: 26 creating ss. 633.801, 633.802, 633.803, 27 633.804, 633.805, 633.806, 633.807, 633.808, 28 633.810, 633.812, 633.813, 633.814, 633.815, 29 633.816, 633.817, 633.818, 633.819, 633.820, 30 633.823, 633.824, and 633.825, F.S.; 31 designating such sections as the Florida 19 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 Firefighter Occupational Safety and Health Act; 2 providing definitions; providing legislative 3 intent; authorizing the Division of State Fire 4 Marshal to adopt rules related to firefighter 5 safety inspections; requiring the division to 6 conduct a study; requiring firefighter 7 employers to provide safe employment 8 conditions; authorizing the division to adopt 9 rules that prescribe means for preventing 10 accidents in places of firefighter employment 11 and establish standards for construction, 12 repair, and maintenance; requiring the division 13 to inspect places of firefighter employment and 14 to develop safety and health programs for those 15 firefighter employers whose employees have a 16 high frequency or severity of work-related 17 injuries; requiring certain firefighter 18 employers to establish workplace safety 19 committees and to maintain certain records; 20 providing penalties for firefighter employers 21 who violate provisions of the act; providing 22 exemptions; providing for the source of funding 23 of the division; specifying firefighter 24 employee rights and responsibilities; providing 25 penalties for firefighter employers who make 26 false statements to the division or to an 27 insurer; specifying applicability to volunteer 28 firefighters and volunteer fire departments; 29 authorizing the division to adopt rules for 30 assuring safe working conditions for all 31 firefighter employees; amending s. 633.31, 20 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569
HOUSE AMENDMENT Bill No. HB 1655 Amendment No. ___ (for drafter's use only) 1 F.S.; changing the name and membership of the 2 Firefighters Standards and Training Council; 3 amending ss. 383.3362, 633.30, and 633.32, 4 F.S., to conform; amending s. 633.33, F.S.; 5 revising certain powers of the council 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 21 File original & 9 copies 04/27/01 hec0002 11:52 am 01655-0069-920569