Senate Bill sb1970c2

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    Florida Senate - 2001            CS for CS for SB's 1970 & 164

    By the Committees on Banking and Insurance; Governmental
    Oversight and Productivity; and Senators Latvala, Geller and
    Garcia



    311-1704-01

  1                      A bill to be entitled

  2         An act relating to governmental reorganization;

  3         creating s. 17.001, F.S.; establishing the

  4         Office of the Chief Financial Officer; creating

  5         s. 20.121, F.S.; creating the Department of

  6         Financial Services; providing for the Office of

  7         the Commissioner of Insurance; providing for

  8         the Office of the Commissioner of Financial

  9         Institutions; providing for the Office of the

10         Commissioner of Securities and Finance;

11         providing for the Office of the Commissioner of

12         the Treasury; establishing the manner of

13         appointment; providing qualifications;

14         transferring the Department of Banking and

15         Finance and the Department of Insurance to the

16         Department of Financial Services; repealing s.

17         20.12, F.S.; abolishing the Department of

18         Banking and Finance; repealing s. 20.13, F.S.;

19         abolishing the Department of Insurance;

20         requesting the Division of Statutory Revision

21         to prepare draft legislation; establishing the

22         Financial Services Transition Task Force;

23         providing membership; establishing duties;

24         creating ss. 633.801, 633.802, 633.803,

25         633.804, 633.805, 633.806, 633.807, 633.808,

26         633.809, 633.810, 633.812, 633.813, 633.814,

27         633.815, 633.816, 633.817, 633.818, 633.819,

28         633.820, 633.823, 633.825, F.S.; designating

29         such sections as the Florida Firefighter

30         Occupational Safety and Health Act; providing

31         definitions; providing legislative intent;

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  1         authorizing the Division of State Fire Marshal

  2         to adopt rules related to firefighter safety

  3         inspections; requiring the division to conduct

  4         a study; authorizing representatives of the

  5         division to enter and inspect any place of

  6         firefighter employment; providing criminal

  7         penalties for refusal to allow inspection;

  8         requiring firefighter employers to provide safe

  9         employment conditions; authorizing the division

10         to adopt rules that prescribe means for

11         preventing accidents in firefighter places of

12         employment and establish standards for

13         construction, repair, and maintenance, and

14         related rules; requiring the division to

15         inspect firefighter employers; requiring

16         firefighter employers to establish workplace

17         safety committees and to maintain certain

18         records; providing penalties for firefighter

19         employers who violate provisions of this act;

20         providing exemptions; providing for the source

21         of funding of the division; specifying

22         firefighter employees' rights and

23         responsibilities; providing penalties for

24         firefighter employers who make false statements

25         to the division or to an insurer; authorizing

26         the division to adopt rules for assuring safe

27         working conditions for all firefighter

28         employees; providing an effective date.

29

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

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  1         Section 1.  Effective January 7, 2003, section 17.001,

  2  Florida Statutes, is created to read:

  3         17.001  Financial Officer.--As provided in s. 4(c),

  4  Art. IV of the State Constitution, the Chief Financial Officer

  5  is the chief fiscal officer of the state and is responsible

  6  for settling and approving accounts against the state and

  7  keeping all state funds and securities.

  8         Section 2.  Effective January 7, 2003, section 20.121,

  9  Florida Statutes, is created to read:

10         20.121  Department of Financial Services.--There is

11  created a Department of Financial Services.

12         (1)  The head of the Department of Financial Services

13  is the Chief Financial Officer.

14         (2)(a)  The Division of Administration is created

15  within the Office of the Chief Financial Officer. The division

16  is headed by a director who is appointed by and serves at the

17  pleasure of the Chief Financial Officer. A Bureau of Financial

18  and Support Services is created within the division.

19         (b)  The Division of Financial Investigations is

20  created within the Office of the Chief Financial Officer. The

21  division is headed by a director who is appointed by and

22  serves at the pleasure of the Chief Financial Officer.

23         (3)  Notwithstanding the requirements of s. 20.04 and

24  except as otherwise provided in this section, the principal

25  policy and program development unit of the department is the

26  "office." Each office is headed by a commissioner who is

27  appointed by and serves at the pleasure of the Chief Financial

28  Officer. Each commissioner shall perform such duties as are

29  specified in this section and such other duties as are

30  assigned by the Chief Financial Officer. The principal unit of

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  1  each office is the "division." Each division is headed by a

  2  "director."

  3         (4)(a)  The Office of the Commissioner of Insurance is

  4  established in the Department of Financial Services. The

  5  office shall be headed by the Commissioner of Insurance. Prior

  6  to appointment as commissioner, the Commissioner of Insurance

  7  must have had, within the previous 10 years, at least 5 years

  8  of experience as a senior officer of an insurer, as defined in

  9  s. 624.03, or insurance agency, as defined in s. 626.094, or

10  as an examiner or other senior employee of a state or federal

11  agency having regulatory responsibility over insurers or

12  insurance agencies.

13         (b)  The Office of the Commissioner of Insurance shall

14  consist of the following divisions:

15         1.  Division of Insurance Agents and Agencies;

16         2.  Division of Insurance Consumer Services;

17         3.  Division of Insurer Services;

18         4.  Division of Rehabilitation and Liquidation;

19         5.  Division of Risk Management; and

20         6.  Division of State Fire Marshal.

21         7.  Division of Workers' Compensation.

22         (5)(a)  The Office of the Commissioner of Financial

23  Institutions is established in the Department of Financial

24  Services. The office shall be headed by the Commissioner of

25  Financial Institutions. Prior to appointment, the Commissioner

26  of Financial Institutions must have had, within the previous

27  10 years, at least 5 years of experience as a senior officer

28  of a financial institution, as defined in s. 655.005, or as an

29  examiner or other senior employee of a state or federal agency

30  having regulatory responsibility over financial institutions.

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  1         (b)  The Office of the Commissioner of Financial

  2  Institutions shall consist of the following divisions:

  3         1.  Division of Banking; and

  4         2.  Division of Credit Unions.

  5         (6)  The Office of the Commissioner of Securities and

  6  Finance is established within the Department of Financial

  7  Services. The office shall be headed by the Commissioner of

  8  Securities and Finance. Prior to appointment, the Commissioner

  9  of Securities and Finance must have had, within the previous

10  10 years, at least 5 years of experience as a senior officer

11  of a securities or finance company or as an examiner or other

12  senior employee of a state or federal agency having regulatory

13  responsibility over securities or finance companies.

14         (7)(a)  The Office of the Commissioner of the Treasury

15  is established in the Department of Financial Services. The

16  office shall be headed by the Commissioner of the Treasury.

17  The Commissioner of the Treasury must possess sufficient

18  education, business experience, and managerial ability to

19  effectively perform his or her duties.

20         (b)  The Office of the Commissioner of the Treasury

21  shall consist of the following divisions:

22         1.  Division of Accounting and Auditing, which is

23  responsible for, without limitation, unclaimed property;

24         2.  Division of Information Services; and

25         3.  Division of Treasury. A section of Government

26  Employee Deferred Compensation is created within the Division

27  of Treasury which shall administer the Government Employees

28  Deferred Compensation Plan established under s. 112.215 for

29  state employees.

30         Section 3.  Effective January 7, 2003, the Department

31  of Banking and Finance and the Department of Insurance are

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  1  transferred by a type two transfer, as defined in section

  2  20.06, Florida Statutes, to the Department of Financial

  3  Services.

  4         Section 4.  Sections 20.12 and 20.13, Florida Statutes,

  5  are repealed. This section takes effect January 7, 2003.

  6         Section 5.  By January 31, 2002, the Division of

  7  Statutory Revision of the Office of Legislative Services shall

  8  prepare and submit to the President of the Senate and the

  9  Speaker of the House of Representatives substantive

10  legislation to conform the Florida Statutes to the provisions

11  of this act. The legislation shall not be drafted as a

12  reviser's bill. The draft shall include provisions:

13         (1)  Changing the term "Comptroller" or "Treasurer" to

14  "Chief Financial Officer" with respect to functions of the

15  Chief Financial Officer where appropriate;

16         (2)  Changing references to the "Department of Banking

17  and Finance" or the "Department of Insurance" to the

18  "Department of Financial Services" where appropriate; and

19         (3)  Otherwise conforming the statutes to the abolition

20  of the offices of Comptroller and Treasurer, the creation of

21  the Office of the Chief Financial Officer, the abolition of

22  the Department of Banking and Finance and the Department of

23  Insurance, and the creation of the Department of Financial

24  Services.

25         Section 6.  (1)  The Financial Services Transition Task

26  Force is established. The task force shall be composed of:

27         (a)  One consumer representative appointed by the

28  Governor;

29         (b)  Two members appointed by the President of the

30  Senate;

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  1         (c)  Two members appointed by the Speaker of the House

  2  of Representatives;

  3         (d)  Two members appointed by the Comptroller; and

  4         (e)  Two members appointed by the Insurance

  5  Commissioner and Treasurer.

  6         (2)  The organizational meeting of the task force must

  7  be held by August 1, 2001. The members of the task force shall

  8  elect a chair by majority vote. Members of the task force

  9  shall serve without compensation, but shall be reimbursed for

10  per diem and travel expenses as provided in section 112.061,

11  Florida Statutes.

12         (3)  The purpose of the task force is to review the

13  Florida Statutes and state rules and:

14         (a)  Recommend amendments to statutes and rules made

15  necessary by the changes made by this act.

16         (b)  Identify any organizational problems involving,

17  without limitation, communication among divisions, technical

18  assistance, and other services and recommend solutions to the

19  identified problems.

20         (c)  Identify any issues related to technology,

21  including the coordination or incompatibility of technology

22  systems, and suggest solutions to the identified problems.

23         (d)  Recommend methods to improve departmental

24  accountability, including, but not limited to, modification of

25  performance measures.

26         (4)  The task force may procure information and

27  assistance from any officer or agency of the state or any

28  subdivision thereof. All such officials and agencies shall

29  give the task force all relevant information and assistance

30  with respect to any matter within their knowledge or control.

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  1         (5)  The task force shall submit a final report to the

  2  Governor, the President of the Senate, and the Speaker of the

  3  House of Representatives by February 1, 2002.

  4         (6)  The task force terminates upon submission of its

  5  final report.

  6         Section 7.  Effective July 1, 2001, section 633.801,

  7  Florida Statutes, is created to read:

  8         633.801  Short title.--Sections 633.801 through 633.825

  9  may be cited as the "Florida Firefighters Occupational Safety

10  and Health Act."

11         Section 8.  Effective July 1, 2001, section 633.802,

12  Florida Statutes, is created to read:

13         633.802  Definitions.--Unless the context clearly

14  requires otherwise, the following definitions apply to ss.

15  633.801 through 633.825:

16         (1)  "Department" means the Department of Insurance.

17         (2)  "Division" means the Division of State Fire

18  Marshal of the Department of Insurance.

19         (3)  "Firefighter employee" means any person engaged in

20  any employment, public or private, as a firefighter under any

21  appointment or contract of hire or apprenticeship, express or

22  implied, oral or written, whether lawfully or unlawfully

23  employed, and includes all volunteer firefighters responding

24  to or assisting with fire or medical emergencies whether or

25  not the firefighter is on duty.

26         (4)  "Firefighter employer" means the state and all

27  political subdivisions thereof, all public and quasi-public

28  corporations therein, and every person carrying on any

29  employment thereof, which employs firefighters or which uses

30  volunteer firefighters.

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  1         (5)  "Firefighter employment" or "employment" means any

  2  service performed by a firefighter employee for the

  3  firefighter employer, and includes the use of all volunteer

  4  firefighters.

  5         (6)  "Firefighter place of employment" or "place of

  6  employment" means the physical location at which the

  7  firefighter is employed.

  8         Section 9.  Effective July 1, 2001, section 633.803,

  9  Florida Statutes, is created to read:

10         633.803  Legislative intent.--It is the intent of the

11  Legislature to enhance firefighter occupational safety and

12  health in this state through the implementation and

13  maintenance of policies, procedures, practices, rules, and

14  standards that reduce the incidence of firefighter employee

15  accidents, firefighter occupational diseases, and firefighter

16  fatalities compensable under chapter 440 or otherwise. The

17  Legislature further intends that the division develop a means

18  by which it can identify individual firefighter employers with

19  a high frequency or severity of work-related injuries; conduct

20  safety inspections of those firefighter employers; and assist

21  those firefighter employers in the development and

22  implemention of firefighter employee safety and health

23  programs. In addition, it is the intent of the Legislature

24  that the division administer the provisions of ss. 633.801

25  through 633.825; provide assistance to firefighter employers,

26  firefighter employees, and insurers; and enforce the policies,

27  rules, and standards set forth in ss. 633.801 through 633.825.

28         Section 10.  Effective July 1, 2001, section 633.804,

29  Florida Statutes, is created to read:

30         633.804  Safety inspections, consultations; rules.--The

31  division shall adopt rules governing the manner, means, and

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  1  frequency of firefighter employer and firefighter employee

  2  safety inspections and consultations by all insurers and

  3  self-insurers.

  4         Section 11.  Effective July 1, 2001, section 633.805,

  5  Florida Statutes, is created to read:

  6         633.805  Division to make study of firefighter

  7  occupational diseases, etc.--The division shall make a

  8  continuous study of firefighter occupational diseases and the

  9  ways and means for their control and prevention and shall make

10  and enforce necessary regulations for such control. For this

11  purpose, the division is authorized to cooperate with

12  firefighter employers, firefighter employees, and insurers and

13  with the Department of Health.

14         Section 12.  Effective July 1, 2001, section 633.806,

15  Florida Statutes, is created to read:

16         633.806  Investigations by the division; refusal to

17  admit; penalty.--

18         (1)  The division shall make studies and investigations

19  with respect to safety provisions and the causes of

20  firefighter injuries in firefighter places of employment, and

21  shall make to the Legislature and firefighter employers and

22  insurers such recommendations as it considers proper as to the

23  best means of preventing firefighter injuries. In making such

24  studies and investigations, the division may:

25         (a)  Cooperate with any agency of the United States

26  charged with the duty of enforcing any law securing safety

27  against injury in any place of firefighter employment covered

28  by ss. 633.801 through 633.825, or any agency or department of

29  the state engaged in enforcing any law to assure safety for

30  firefighter employees.

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  1         (b)  Allow any such agency or department to have access

  2  to the records of the division.

  3         (2)  The division and its authorized representatives

  4  may enter and inspect any place of firefighter employment at

  5  any reasonable time for the purpose of investigating

  6  compliance with ss. 633.801 through 633.825 and making

  7  inspections for the proper enforcement of ss. 633.801 through

  8  633.825. Any firefighter employer who refuses to admit any

  9  member of the division or its authorized representative to any

10  place of firefighter employment or to allow investigation and

11  inspection pursuant to this subsection is guilty of a

12  misdemeanor of the second degree, punishable as provided in s.

13  775.082 or s. 775.083.

14         (3)  The division by rule may adopt procedures for

15  conducting investigations of firefighter employers under ss.

16  633.801 through 633.825.

17         Section 13.  Effective July 1, 2001, section 633.807,

18  Florida Statutes, is created to read:

19         633.807  Safety; firefighter employer

20  responsibilities.--Every firefighter employer shall furnish to

21  firefighters employment that is safe for the firefighter

22  employees, furnish and use safety devices and safeguards,

23  adopt and use methods and processes reasonably adequate to

24  render such an employment and place of employment safe, and do

25  every other thing reasonably necessary to protect the lives,

26  health, and safety of such firefighter employees. As used in

27  this section, the terms "safe" and "safety" as applied to any

28  employment or place of firefighter employment mean such

29  freedom from danger as is reasonably necessary for the

30  protection of the lives, health, and safety of firefighter

31  employees, including conditions and methods of sanitation and

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  1  hygiene. Safety devices and safeguards required to be

  2  furnished by the firefighter employer by this section or by

  3  the division under authority of this section shall not include

  4  personal apparel and protective devices that replace personal

  5  apparel normally worn by firefighter employees during regular

  6  working hours.

  7         Section 14.  Effective July 1, 2001, section 633.808,

  8  Florida Statutes, is created to read:

  9         633.808  Division authority.--The division shall:

10         (1)  Investigate and prescribe by rule what safety

11  devices, safeguards, or other means of protection must be

12  adopted for the prevention of accidents in every firefighter

13  place of employment or at any fire scene; determine what

14  suitable devices, safeguards, or other means of protection for

15  the prevention of occupational diseases must be adopted or

16  followed in any or all such firefighter places of employment

17  or at any fire scene; and adopt reasonable rules for the

18  prevention of accidents, the safety, protection, and security

19  of firefighters engaged in interior firefighting, and the

20  prevention of occupational diseases.

21         (2)  Ascertain, fix, and order such reasonable

22  standards and rules for the construction, repair, and

23  maintenance of firefighter places of employment as shall

24  render them safe. Such rules and standards must be adopted in

25  accordance with chapter 120.

26         (3)  Assist firefighter employers in the development

27  and implementation of firefighter employee safety training

28  programs by contracting with professional safety

29  organizations.

30         (4)  Adopt rules prescribing recordkeeping

31  responsibilities for firefighter employers, which may include

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  1  rules for maintaining a log and summary of occupational

  2  injuries, diseases, and illnesses and for producing on request

  3  a notice of injury and firefighter employee accident

  4  investigation records, and rules prescribing a retention

  5  schedule for such records.

  6         Section 15.  Effective July 1, 2001, section 633.809,

  7  Florida Statutes, is created to read:

  8         633.809  Right of entry.--The division and its

  9  authorized representatives may enter at any reasonable time

10  any firefighter place of employment for the purpose of

11  examining any tool, appliance, or machinery used in such

12  employment and may make inspections for the proper enforcement

13  of ss. 633.801 through 633.825. A firefighter employer or

14  owner may not refuse to admit any member of the division or

15  its authorized representatives to any firefighter place of

16  employment.

17         Section 16.  Effective July 1, 2001, section 633.810,

18  Florida Statutes, is created to read:

19         633.810  Firefighter employers whose firefighter

20  employees have a high frequency of work-related injuries.--The

21  division shall develop a means by which it can identify

22  individual firefighter employers whose firefighter employees

23  have a high frequency or severity of work-related injuries.

24  The division shall carry out safety inspections of the

25  facilities and operations of these firefighter employers in

26  order to assist them in reducing the frequency and severity of

27  work-related injuries. The division shall develop safety and

28  health programs for those firefighter employers. Insurers

29  shall distribute these safety and health programs to the

30  firefighter employers so identified by the division. Those

31  firefighter employers identified by the division as having a

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  1  high frequency or severity of work-related injuries shall

  2  implement a division-developed safety and health program. The

  3  division shall carry out safety inspections of those

  4  firefighter employers so identified to ensure compliance with

  5  the safety and health program and to assist such firefighter

  6  employers in reducing the number of work-related injuries. The

  7  division may not assess penalties as the result of such

  8  inspections, except as provided by s. 633.813. Copies of any

  9  report made as the result of such an inspection must be

10  provided to the firefighter employer and its insurer.

11  Firefighter employers may submit their own safety and health

12  programs to the division for approval in lieu of using the

13  division-developed safety and health program. The division

14  must promptly review the program submitted and approve or

15  disapprove it. Upon approval by the division, the program must

16  be implemented by the firefighter employer. If the program is

17  not approved or if a program is not submitted, the firefighter

18  employer must implement the division-developed program. The

19  division shall adopt rules setting forth the criteria for

20  safety and health programs.

21         Section 17.  Effective July 1, 2001, section 633.812,

22  Florida Statutes, is created to read:

23         633.812  Workplace safety committees and safety

24  coordinators.--

25         (1)  In order to promote health and safety in places of

26  firefighter employment in this state:

27         (a)  Each firefighter employer of 20 or more

28  firefighter employees shall establish and administer a

29  workplace safety committee in accordance with rules adopted

30  under this section.

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  1         (b)  Each firefighter employer of fewer than 20

  2  firefighter employees which is identified by the division as

  3  having high frequency or severity of work-related injuries

  4  shall establish and administer a workplace safety committee or

  5  designate a workplace safety coordinator who shall establish

  6  and administer workplace safety activities in accordance with

  7  rules adopted under this section.

  8         (2)  The division shall adopt rules:

  9         (a)  Prescribing the membership of the workplace safety

10  committees so as to ensure an equal number of firefighter

11  employee representatives, who are volunteers or are elected by

12  their peers, and of firefighter employer representatives, and

13  specifying the frequency of meetings.

14         (b)  Requiring firefighter employers to make adequate

15  records of each meeting and to file and to maintain the

16  records subject to inspection by the division.

17         (c)  Prescribing the duties and functions of the

18  workplace safety committee and workplace safety coordinator,

19  which include, but are not limited to:

20         1.  Establishing procedures for workplace safety

21  inspections by the committee.

22         2.  Establishing procedures investigating all workplace

23  accidents, safety-related incidents, illnesses, and deaths.

24         3.  Evaluating accident-prevention and

25  illness-prevention programs.

26         4.  Prescribing guidelines for the training of safety

27  committee members.

28         (3)  The composition, selection, and function of safety

29  committees shall be a mandatory topic of negotiations with any

30  certified collective bargaining agent for firefighter

31  employers that operate under a collective bargaining

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  1  agreement. Firefighter employers that operate under a

  2  collective bargaining agreement that contains provisions

  3  regulating the formation and operation of workplace safety

  4  committees that meet or exceed the minimum requirements

  5  contained in this section, or firefighter employers who

  6  otherwise have existing workplace safety committees that meet

  7  or exceed the minimum requirements established by this section

  8  are in compliance with this section.

  9         (4)  Firefighter employees must be compensated their

10  regular hourly wage while engaged in workplace safety

11  committee or workplace safety coordinator training, meetings,

12  or other duties prescribed under this section.

13         Section 18.  Effective July 1, 2001, section 633.813,

14  Florida Statutes, is created to read:

15         633.813  Firefighter employer penalties.--If any

16  firefighter employer violates or fails or refuses to comply

17  with ss. 633.801 through 633.825, or with any rule adopted by

18  the division, in accordance with chapter 120, for the

19  prevention of injuries, accidents, or occupational diseases or

20  with any lawful order of the division in connection with ss.

21  633.801 through 633.825, or fails or refuses to furnish or

22  adopt any safety device, safeguard, or other means of

23  protection prescribed by the division under ss. 633.801

24  through 633.825 for the prevention of accidents or

25  occupational diseases, the division may assess against the

26  firefighter employer a civil penalty of not less than $100 nor

27  more than $5,000 for each day the violation, omission,

28  failure, or refusal continues after the firefighter employer

29  has been given notice thereof in writing. The total penalty

30  for each violation may not exceed $50,000. The division shall

31  adopt rules requiring penalties commensurate with the

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  1  frequency or severity, or both, of safety violations. A

  2  hearing must be held in the county where the violation,

  3  omission, failure, or refusal is alleged to have occurred,

  4  unless otherwise agreed to by the firefighter employer and

  5  authorized by the division. All penalties assessed and

  6  collected under this section shall be deposited in the

  7  Insurance Commissioner's Regulatory Trust Fund.

  8         Section 19.  Effective July 1, 2001, section 633.814,

  9  Florida Statutes, is created to read:

10         633.814  Division cooperation with Federal Government;

11  exemption from division requirements.--

12         (1)  The division shall cooperate with the Federal

13  Government so that duplicate inspections will be avoided yet

14  assure safe places of firefighter employment for the citizens

15  of this state.

16         (2)  Except as provided in this section, a private

17  firefighter employer is not subject to the requirements of the

18  division if:

19         (a)  The private firefighter employer is subject to the

20  federal regulations in 29 C.F.R. ss. 1910 and 1926;

21         (b)  The private firefighter employer has adopted and

22  implemented a written safety program that conforms to the

23  requirements of 29 C.F.R. ss. 1910 and 1926;

24         (c)  A private firefighter employer with 20 or more

25  full-time firefighter employees shall include provisions for a

26  safety committee in the safety program. The safety committee

27  must include firefighter employee representation and must meet

28  at least once each calendar quarter. The private firefighter

29  employer must make adequate records of each meeting and

30  maintain the records subject to inspections under subsection

31  (3). The safety committee shall, if appropriate, make

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  1  recommendations regarding improvements to the safety program

  2  and corrections of hazards affecting workplace safety; and

  3         (d)  The private firefighter employer provides the

  4  division with a written statement that certifies compliance

  5  with this subsection.

  6         (3)  The division may enter at any reasonable time any

  7  place of firefighter employment for the purposes of verifying

  8  the accuracy of the written certification. If the division

  9  determines that the firefighter employer has not complied with

10  the requirements of subsection (2), the firefighter employer

11  shall be subject to the rules of the division until the

12  firefighter employer complies with subsection (2) and

13  recertifies that fact to the division.

14         (4)  This section shall not restrict the division from

15  performing any duties pursuant to a written contract between

16  the division and the Federal Occupational Safety and Health

17  Administration (OSHA).

18         Section 20.  Effective July 1, 2001, section 633.815,

19  Florida Statutes, is created to read:

20         633.815  Failure to implement a safety and health

21  program; cancellations.--If a firefighter employer that is

22  found by the division to have a high frequency or severity of

23  work-related injuries fails to implement a safety and health

24  program, the insurer or self-insurer's fund that is providing

25  coverage for the firefighter employer may cancel the contract

26  for insurance with the firefighter employer. In the

27  alternative, the insurer or fund may terminate any discount or

28  deviation granted to the firefighter employer for the

29  remainder of the term of the policy. If the contract is

30  canceled or the discount or deviation is terminated, the

31  insurer must make such reports as are required by law.

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  1         Section 21.  Effective July 1, 2001, section 633.816,

  2  Florida Statutes, is created to read:

  3         633.816  Expenses of administration.--The amounts that

  4  are needed to administer ss. 633.801 through 633.825 shall be

  5  disbursed from the Insurance Commissioner's Regulatory Trust

  6  Fund.

  7         Section 22.  Effective July 1, 2001, section 633.817,

  8  Florida Statutes, is created to read:

  9         633.817  Refusal to admit; penalty.--The division and

10  its authorized representatives may enter and inspect any place

11  of firefighter employment at any reasonable time for the

12  purpose of investigating compliance with ss. 633.801 through

13  633.825 and conducting inspections for the proper enforcement

14  of ss. 633.801 through 633.825. A firefighter employer who

15  refuses to admit any member of the division or its authorized

16  representative to any place of employment or to allow

17  investigation and inspection pursuant to this section commits

18  a misdemeanor of the second degree, punishable as provided in

19  s. 775.082 or s. 775.083.

20         Section 23.  Effective July 1, 2001, section 633.818,

21  Florida Statutes, is created to read:

22         633.818  Firefighter employee rights and

23  responsibilities.--

24         (1)  Each firefighter employee of a firefighter

25  employer covered under ss. 633.801 through 633.825 shall

26  comply with rules adopted by the division and with reasonable

27  workplace safety and health standards, rules, policies,

28  procedures, and work practices established by the firefighter

29  employer and the workplace safety committee. A firefighter

30  employee who knowingly fails to comply with this subsection

31  maybe disciplined or discharged by the firefighter employer.

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  1         (2)  A firefighter employer may not discharge, threaten

  2  to discharge, cause to be discharged, intimidate, coerce,

  3  otherwise discipline, or in any manner discriminate against a

  4  firefighter employee for any of the following reasons:

  5         (a)  The firefighter employee has testified or is about

  6  to testify, on her or his own behalf, or on behalf of others,

  7  in any proceeding instituted under ss. 633.801 through

  8  633.825;

  9         (b)  The firefighter employee has exercised any other

10  right afforded under ss. 633.801 through 633.825; or

11         (c)  The firefighter employee is engaged in activities

12  relating to the workplace safety committee.

13         (3)  Neither pay, position, seniority, nor other

14  benefit may be lost for exercising any right under, or for

15  seeking compliance with, any requirement of ss. 633.801

16  through 633.825.

17         Section 24.  Effective July 1, 2001, section 633.819,

18  Florida Statutes, is created to read:

19         633.819  Compliance.--Failure of a firefighter employer

20  or an insurer to comply with ss. 633.801 through 633.830, or

21  with any rules adopted under ss. 633.801 through 633.830,

22  constitutes grounds for the division to seek remedies,

23  including injunctive relief, for compliance by making

24  appropriate filings with the Circuit Court of Leon County.

25         Section 25.  Effective July 1, 2001, section 633.820,

26  Florida Statutes, is created to read:

27         633.820  False statements to insurers.--A firefighter

28  employer who knowingly and willfully falsifies or conceals a

29  material fact, makes a false, fictitious, or fraudulent

30  statement or representation; or makes or uses any false

31  document knowing the document to contain any false fictitious,

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  1  or fraudulent entry or statement to an insurer of workers'

  2  compensation insurance under ss. 633.801 through 633.825 is

  3  guilty of a misdemeanor of the second degree, punishable as

  4  provided in s. 775.082 or s. 775.083.

  5         Section 26.  Effective July 1, 2001, section 633.823,

  6  Florida Statutes, is created to read:

  7         633.823  Matters within jurisdiction of the division;

  8  false, fictitious, or fraudulent acts, statements, and

  9  representations prohibited; penalty; statute of

10  limitations.--A person may not, in any matter within the

11  jurisdiction of the division, knowingly and willfully falsify

12  or conceal a material fact; make any false, fictitious, or

13  fraudulent statement or representation; or make or use any

14  false document, knowing the same to contain any false,

15  fictitious, or fraudulent statement or entry. A person who

16  violates this section commits a misdemeanor of the second

17  degree, punishable as provided in s. 775.082 or s. 775.083.

18  The statute of limitations for prosecution of an act committed

19  in violation of this section is 5 years after the date the act

20  was committed or, if not discovered within 30 days after the

21  act was committed, 5 years after the date the act was

22  discovered.

23         Section 27.  Effective July 1, 2001, section 633.825,

24  Florida Statutes, is created to read:

25         633.825  Workplace safety.--

26         (1)  The division shall assist in making the

27  firefighter places of employment a safer place to work and

28  decreasing the frequency and severity of on-the-job injuries.

29         (2) The division shall have the authority to adopt

30  rules for the purpose of assuring safe working conditions for

31  all firefighter employees by authorizing the enforcement of

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  1  effective standards, assisting and encouraging firefighter

  2  employers to maintain safe working conditions, and by

  3  providing for education and training in the field of safety.

  4  For firefighter employers, the division may by rule adopt

  5  subparts C through T and subpart Z of 29 C.F.R. part 1910;

  6  subparts C through Z of 29 C.F.R. part 1926; subparts A

  7  through D, subpart I, and subpart M of 29 C.F.R. part 1928;

  8  subparts A through G of 29 C.F.R. part 1917; subparts A

  9  through L and subpart Z of 29 C.F.R. part 1915; subparts A

10  through J of 29 C.F.R. part 1918, latest revision, provided

11  that 29 C.F.R. s. 1910.156 applies to volunteer firefighters

12  and fire departments operated by the state or political

13  subdivisions; the National Fire Protection Association, Inc.,

14  Standard 1500, paragraph 5-7 (Personal Alert Safety System)

15  (1992 edition); and ANSI A 10.4-1990.

16         (3)  The provisions of chapter 440 which pertain to

17  workplace safety shall be applicable to the division.

18         (4)  The division shall have authority to adopt any

19  rule necessary to implement, interpret, and make specific any

20  matter pertaining to any subject or reference contained in

21  this section, including all of the provisions referred to in

22  subsection (2), as they relate to firefighter employees,

23  firefighter employers, and firefighter places of employment.

24         Section 28.  Except as otherwise provided in this act,

25  this act shall take effect July 1, 2001.

26

27

28

29

30

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                        CS/SB's 1970 & 164

  3

  4  The committee substitute by Banking and Insurance makes the
    following changes to the committee substitute by Governmental
  5  Reform and Oversight:

  6  Deletes provisions of the bill requiring workers' compensation
    insurers to provide safety consultations to each of its
  7  policyholders who request such consultations.

  8  Deletes provisions of the bill for civil penalties against
    insurers that violate certain workplace safety provisions.
  9
    Clarifies that the rule-making authority of the Division of
10  State Fire Marshal is limited to firefighter places of
    employment.
11

12

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14

15

16

17

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