SENATE AMENDMENT
    Bill No. CS for CS for SB 2224
    Amendment No. ___   Barcode 112926
                            CHAMBER ACTION
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11  Senator Posey moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 193, following line 31,
15  
16  insert:  
17         Section 72.  Effective July 1, 2001, section 633.801,
18  Florida Statutes, is created to read:
19         633.801  Short title.--Sections 633.801 through 633.825
20  may be cited as the "Florida Firefighter Occupational Safety
21  and Health Act."
22         Section 73.  Effective July 1, 2001, section 633.802,
23  Florida Statutes, is created to read:
24         633.802  Definitions.--As used in ss. 633.801-633.825,
25  unless the context clearly indicates otherwise, the term:
26         (1)  "Department" means the Department of Insurance.
27         (2)  "Division" means the Division of State Fire
28  Marshal of the Department of Insurance.
29         (3)  "Firefighter employee" means any person engaged in
30  any employment, public or private, as a firefighter under any
31  appointment or contract of hire or apprenticeship, express or
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SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 implied, oral or written, whether lawfully or unlawfully 2 employed, and responding to or assisting with fire and medical 3 emergencies whether or not the firefighter is on duty, except 4 those appointed under s. 590.02(1)(d). 5 (4) "Firefighter employer" means the state and all 6 political subdivisions thereof, all public and quasi-public 7 corporations therein, and any person carrying on any 8 employment thereof, which employs firefighters or which uses 9 volunteer firefighters, except those appointed under s. 10 590.02(1)(d). 11 (5) "Firefighter employment" or "employment" means any 12 service performed by a firefighter employee for the 13 firefighter employer. 14 (6) "Place of firefighter employment" or "place of 15 employment" means the physical location at which the 16 firefighter is employed. 17 Section 74. Effective July 1, 2001, section 633.803, 18 Florida Statutes, is created to read: 19 633.803 Legislative intent.--It is the intent of the 20 Legislature to enhance firefighter occupational safety and 21 health in this state through the implementation and 22 maintenance of policies, procedures, practices, rules, and 23 standards that reduce the incidence of firefighter employee 24 accidents, firefighter occupational diseases, and firefighter 25 fatalities compensable under chapter 440 or otherwise. The 26 Legislature further intends that the division develop a means 27 by which it can identify individual firefighter employers with 28 a high frequency or severity of work-related injuries, conduct 29 safety inspections of those firefighter employers, and assist 30 those firefighter employers in the development and 31 implemention of firefighter employee safety and health 2 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 programs. In addition, it is the intent of the Legislature 2 that the division administer the provisions of ss. 3 633.801-633.825; provide assistance to firefighter employers, 4 firefighter employees, and insurers; and enforce the policies, 5 rules, and standards set forth in ss. 633.801-633.825. 6 Section 75. Effective July 1, 2001, section 633.804, 7 Florida Statutes, is created to read: 8 633.804 Safety inspections, consultations; rules.--The 9 division shall adopt rules governing the manner, means, and 10 frequency of firefighter employer and firefighter employee 11 safety inspections and consultations by all insurers and 12 self-insurers. 13 Section 76. Effective July 1, 2001, section 633.805, 14 Florida Statutes, is created to read: 15 633.805 Division to make study of firefighter 16 occupational diseases, etc.--The division shall make a 17 continuous study of firefighter occupational diseases and the 18 ways and means for their control and prevention and shall make 19 and enforce necessary regulations for such control. For this 20 purpose, the division is authorized to cooperate with 21 firefighter employers, firefighter employees, and insurers and 22 with the Department of Health. 23 Section 77. Effective July 1, 2001, section 633.806, 24 Florida Statutes, is created to read: 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 places of firefighter employment, and 30 shall make to the Legislature and firefighter employers and 31 insurers such recommendations as it considers proper as to the 3 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 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 by rule may adopt procedures for 12 conducting investigations of firefighter employers under ss. 13 633.801-633.825. 14 Section 78. Effective July 1, 2001, section 633.807, 15 Florida Statutes, is created to read: 16 633.807 Safety; firefighter employer 17 responsibilities.--Every firefighter employer shall furnish to 18 firefighters employment that is safe for the firefighter 19 employees, furnish and use safety devices and safeguards, 20 adopt and use methods and processes reasonably adequate to 21 render such an employment and place of employment safe, and do 22 every other thing reasonably necessary to protect the lives, 23 health, and safety of such firefighter employees. As used in 24 this section, the terms "safe" and "safety" as applied to any 25 employment or place of firefighter employment mean such 26 freedom from danger as is reasonably necessary for the 27 protection of the lives, health, and safety of firefighter 28 employees, including conditions and methods of sanitation and 29 hygiene. Safety devices and safeguards required to be 30 furnished by the firefighter employer by this section or by 31 the division under authority of this section shall not include 4 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 personal apparel and protective devices that replace personal 2 apparel normally worn by firefighter employees during regular 3 working hours. 4 Section 79. Effective July 1, 2001, section 633.808, 5 Florida Statutes, is created to read: 6 633.808 Division authority.--The division shall: 7 (1) Investigate and prescribe by rule what safety 8 devices, safeguards, or other means of protection must be 9 adopted for the prevention of accidents in every place of 10 firefighter employment or at any fire scene; determine what 11 suitable devices, safeguards, or other means of protection for 12 the prevention of occupational diseases must be adopted or 13 followed in any or all such places of firefighter employment 14 or at any fire scene; and adopt reasonable rules for the 15 prevention of accidents, the safety, protection, and security 16 of firefighters engaged in interior firefighting, and the 17 prevention of occupational diseases. 18 (2) Ascertain, fix, and order such reasonable 19 standards and rules for the construction, repair, and 20 maintenance of places of firefighter employment as shall 21 render them safe. Such rules and standards must be adopted in 22 accordance with chapter 120. 23 (3) Assist firefighter employers in the development 24 and implementation of firefighter employee safety training 25 programs by contracting with professional safety 26 organizations. 27 (4) Adopt rules prescribing recordkeeping 28 responsibilities for firefighter employers, which may include 29 rules for maintaining a log and summary of occupational 30 injuries, diseases, and illnesses and for producing on request 31 a notice of injury and firefighter employee accident 5 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 investigation records, and rules prescribing a retention 2 schedule for such records. 3 Section 80. Effective July 1, 2001, section 633.810, 4 Florida Statutes, is created to read: 5 633.810 Firefighter employers whose firefighter 6 employees have a high frequency or severity of work-related 7 injuries.--The division shall develop a means by which it can 8 identify individual firefighter employers whose firefighter 9 employees have a high frequency or severity of work-related 10 injuries. The division shall carry out safety inspections of 11 the facilities and operations of these firefighter employers 12 in order to assist them in reducing the frequency and severity 13 of work-related injuries. The division shall develop safety 14 and health programs for those firefighter employers. Insurers 15 shall distribute these safety and health programs to the 16 firefighter employers so identified by the division. Those 17 firefighter employers identified by the division as having a 18 high frequency or severity of work-related injuries shall 19 implement a division-developed safety and health program. The 20 division shall carry out safety inspections of those 21 firefighter employers so identified to ensure compliance with 22 the safety and health program and to assist such firefighter 23 employers in reducing the number of work-related injuries. The 24 division may not assess penalties as the result of such 25 inspections, except as provided by s. 633.813. Copies of any 26 report made as the result of such an inspection must be 27 provided to the firefighter employer and its insurer. 28 Firefighter employers may submit their own safety and health 29 programs to the division for approval in lieu of using the 30 division-developed safety and health program. The division 31 must promptly review the program submitted and approve or 6 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 disapprove it. Upon approval by the division, the program must 2 be implemented by the firefighter employer. If the program is 3 not approved or if a program is not submitted, the firefighter 4 employer must implement the division-developed program. The 5 division shall adopt rules setting forth the criteria for 6 safety and health programs, as such rules relate to this 7 section. 8 Section 81. Effective July 1, 2001, section 633.812, 9 Florida Statutes, is created to read: 10 633.812 Workplace safety committees and safety 11 coordinators.-- 12 (1) In order to promote health and safety in places of 13 firefighter employment in this state: 14 (a) Each firefighter employer of 20 or more 15 firefighter employees shall establish and administer a 16 workplace safety committee in accordance with rules adopted 17 under this section. 18 (b) Each firefighter employer of fewer than 20 19 firefighter employees that is identified by the division as 20 having a high frequency or severity of work-related injuries 21 shall establish and administer a workplace safety committee or 22 designate a workplace safety coordinator who shall establish 23 and administer workplace safety activities in accordance with 24 rules adopted under this section. 25 (2) The division shall adopt rules: 26 (a) Prescribing the membership of the workplace safety 27 committees so as to ensure an equal number of firefighter 28 employee representatives, who are volunteers or are elected by 29 their peers, and of firefighter employer representatives and 30 specifying the frequency of meetings. 31 (b) Requiring firefighter employers to make adequate 7 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 records of each meeting and to file and maintain the records 2 subject to inspection by the division. 3 (c) Prescribing the duties and functions of the 4 workplace safety committee and workplace safety coordinator, 5 which include, but are not limited to: 6 1. Establishing procedures for workplace safety 7 inspections by the committee. 8 2. Establishing procedures investigating all workplace 9 accidents, safety-related incidents, illnesses, and deaths. 10 3. Evaluating accident prevention and illness 11 prevention programs. 12 4. Prescribing guidelines for the training of 13 workplace safety committee members. 14 (3) The composition, selection, and function of 15 workplace safety committees shall be a mandatory topic of 16 negotiations with any certified collective bargaining agent 17 for firefighter employers that operate under a collective 18 bargaining agreement. Firefighter employers that operate under 19 a collective bargaining agreement that contains provisions 20 regulating the formation and operation of workplace safety 21 committees that meet or exceed the minimum requirements 22 contained in this section, or that otherwise have existing 23 workplace safety committees that meet or exceed the minimum 24 requirements established by this section, are in compliance 25 with this section. 26 (4) Firefighter employees must be compensated at their 27 regular hourly wages while engaged in workplace safety 28 committee or workplace safety coordinator training, meetings, 29 or other duties prescribed under this section. 30 Section 82. Effective July 1, 2001, section 633.813, 31 Florida Statutes, is created to read: 8 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 633.813 Firefighter employer penalties.--If any 2 firefighter employer violates or fails or refuses to comply 3 with ss. 633.801-633.825, any rule adopted by the division in 4 accordance with chapter 120 for the prevention of injuries, 5 accidents, or occupational diseases, or any lawful order of 6 the division in connection with ss. 633.801-633.825, or fails 7 or refuses to furnish or adopt any safety device, safeguard, 8 or other means of protection prescribed by the division under 9 ss. 633.801-633.825 for the prevention of accidents or 10 occupational diseases, the division may assess against the 11 firefighter employer a civil penalty of not less than $100 nor 12 more than $5,000 for each day the violation, failure, or 13 refusal continues after the firefighter employer has been 14 given notice thereof in writing. The total penalty for each 15 violation may not exceed $50,000. The division shall adopt 16 rules requiring penalties commensurate with the frequency or 17 severity, or both, of safety violations. A hearing must be 18 held in the county where the violation, failure, or refusal is 19 alleged to have occurred unless otherwise agreed to by the 20 firefighter employer and authorized by the division. All 21 penalties assessed and collected under this section shall be 22 deposited in the Insurance Commissioner's Regulatory Trust 23 Fund. 24 Section 83. Effective July 1, 2001, section 633.814, 25 Florida Statutes, is created to read: 26 633.814 Division cooperation with Federal Government; 27 exemption from division requirements.-- 28 (1) The division shall cooperate with the Federal 29 Government so that duplicate inspections will be avoided yet 30 assure safe places of firefighter employment for the citizens 31 of this state. 9 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 (2) Except as provided in this section, a private 2 firefighter employer is not subject to the requirements of the 3 division if: 4 (a) The private firefighter employer is subject to the 5 federal regulations in 29 C.F.R. ss. 1910 and 1926; 6 (b) The private firefighter employer has adopted and 7 implemented a written safety program that conforms to the 8 requirements of 29 C.F.R. ss. 1910 and 1926; 9 (c) A private firefighter employer with 20 or more 10 full-time firefighter employees includes provisions for a 11 workplace safety committee in its safety program. The 12 workplace safety committee must include firefighter employee 13 representation and must meet at least once each calendar 14 quarter. The private firefighter employer must make adequate 15 records of each meeting and maintain the records subject to 16 inspections under subsection (3). The workplace safety 17 committee shall, if appropriate, make recommendations 18 regarding improvements to the safety program and corrections 19 of hazards affecting workplace safety; and 20 (d) The private firefighter employer provides the 21 division with a written statement that certifies compliance 22 with this subsection. 23 (3) The division may enter at any reasonable time any 24 place of firefighter employment for the purpose of verifying 25 the accuracy of the written certification required pursuant to 26 paragraph (2)(d). If the division determines that the 27 firefighter employer has not complied with the requirements of 28 subsection (2), the firefighter employer shall be subject to 29 the rules of the division until the firefighter employer 30 complies with subsection (2) and recertifies that fact to the 31 division. 10 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 (4) This section shall not restrict the division from 2 performing any duties pursuant to a written contract between 3 the division and the federal Occupational Safety and Health 4 Administration (OSHA). 5 Section 84. Effective July 1, 2001, section 633.815, 6 Florida Statutes, is created to read: 7 633.815 Failure to implement a safety and health 8 program; cancellations.--If a firefighter employer that is 9 found by the division to have a high frequency or severity of 10 work-related injuries fails to implement a safety and health 11 program, the insurer or self-insurer's fund that is providing 12 coverage for the firefighter employer may cancel the contract 13 for insurance with the firefighter employer. In the 14 alternative, the insurer or fund may terminate any discount or 15 deviation granted to the firefighter employer for the 16 remainder of the term of the policy. If the contract is 17 canceled or the discount or deviation is terminated, the 18 insurer must make such reports as are required by law. 19 Section 85. Effective July 1, 2001, section 633.816, 20 Florida Statutes, is created to read: 21 633.816 Expenses of administration.--The amounts that 22 are needed to administer ss. 633.801-633.825 shall be 23 disbursed from the Insurance Commissioner's Regulatory Trust 24 Fund. 25 Section 86. Effective July 1, 2001, section 633.817, 26 Florida Statutes, is created to read: 27 633.817 Refusal to admit; penalty.--The division and 28 its authorized representatives may enter and inspect any place 29 of firefighter employment at any reasonable time for the 30 purpose of investigating compliance with ss. 633.801-633.825 31 and conducting inspections for the proper enforcement of ss. 11 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 633.801-633.825. A firefighter employer who refuses to admit 2 any member of the division or its authorized representative to 3 any place of employment or to allow investigation and 4 inspection pursuant to this section commits a misdemeanor of 5 the second degree, punishable as provided in s. 775.082 or s. 6 775.083. 7 Section 87. Effective July 1, 2001, section 633.818, 8 Florida Statutes, is created to read: 9 633.818 Firefighter employee rights and 10 responsibilities.-- 11 (1) Each firefighter employee of a firefighter 12 employer covered under ss. 633.801-633.825 shall comply with 13 rules adopted by the division and with reasonable workplace 14 safety and health standards, rules, policies, procedures, and 15 work practices established by the firefighter employer and the 16 workplace safety committee. A firefighter employee who 17 knowingly fails to comply with this subsection may be 18 disciplined or discharged by the firefighter employer. 19 (2) A firefighter employer may not discharge, threaten 20 to discharge, cause to be discharged, intimidate, coerce, 21 otherwise discipline, or in any manner discriminate against a 22 firefighter employee for any of the following reasons: 23 (a) The firefighter employee has testified or is about 24 to testify, on her or his own behalf or on behalf of others, 25 in any proceeding instituted under ss. 633.801-633.825; 26 (b) The firefighter employee has exercised any other 27 right afforded under ss. 633.801-633.825; or 28 (c) The firefighter employee is engaged in activities 29 relating to the workplace safety committee. 30 (3) Neither pay, position, seniority, nor other 31 benefit may be lost for exercising any right under, or for 12 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 seeking compliance with any requirement of, ss. 2 633.801-633.825. 3 Section 88. Effective July 1, 2001, section 633.819, 4 Florida Statutes, is created to read: 5 633.819 Compliance.--Failure of a firefighter employer 6 or an insurer to comply with ss. 633.801-633.825 or with any 7 rules adopted thereunder constitutes grounds for the division 8 to seek remedies, including injunctive relief, for 9 noncompliance by making appropriate filings with the circuit 10 court. 11 Section 89. Effective July 1, 2001, section 633.820, 12 Florida Statutes, is created to read: 13 633.820 False statements to insurers.--A firefighter 14 employer who knowingly and willfully falsifies or conceals a 15 material fact, makes a false, fictitious, or fraudulent 16 statement or representation, or makes or uses any false 17 document knowing the document to contain any false, 18 fictitious, or fraudulent entry or statement to an insurer of 19 workers' compensation insurance under ss. 633.801-633.825 20 commits a misdemeanor of the second degree, punishable as 21 provided in s. 775.082 or s. 775.083. 22 Section 90. Effective July 1, 2001, section 633.823, 23 Florida Statutes, is created to read: 24 633.823 Matters within jurisdiction of the division; 25 false, fictitious, or fraudulent acts, statements, and 26 representations prohibited; penalty; statute of 27 limitations.--A person may not, in any matter within the 28 jurisdiction of the division, knowingly and willfully falsify 29 or conceal a material fact; make any false, fictitious, or 30 fraudulent statement or representation; or make or use any 31 false document, knowing the same to contain any false, 13 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 fictitious, or fraudulent statement or entry. A person who 2 violates this section commits a misdemeanor of the second 3 degree, punishable as provided in s. 775.082 or s. 775.083. 4 The statute of limitations for prosecution of an act committed 5 in violation of this section is 5 years after the date the act 6 was committed or, if not discovered within 30 days after the 7 act was committed, 5 years after the date the act was 8 discovered. 9 Section 91. Effective July 1, 2001, section 633.824, 10 Florida Statutes, is created to read: 11 633.824 Volunteer firefighters; volunteer fire 12 departments.--Sections 633.803-633.825 apply to volunteer 13 firefighters and volunteer fire departments. 14 Section 92. Effective July 1, 2001, section 633.825, 15 Florida Statutes, is created to read: 16 633.825 Workplace safety.-- 17 (1) The division shall assist in making places of 18 firefighter employment safer places to work and decreasing the 19 frequency and severity of work-related injuries. 20 (2) The division shall have the authority to adopt 21 rules for the purpose of assuring safe working conditions for 22 all firefighter employees by authorizing the enforcement of 23 effective standards, assisting and encouraging firefighter 24 employers to maintain safe working conditions, and providing 25 for education and training in the field of safety. 26 Specifically, the division may by rule adopt all or any part 27 of subparts C through T and subpart Z of 29 C.F.R. part 1910 28 as revised April 8, 1998; the National Fire Protection 29 Association, Inc., Standard 1500, paragraph 5-7 (Personal 30 Alert Safety System) (1992 edition); and ANSI A 10.4-1990. 31 (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the 14 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 two individuals located outside the immediately dangerous to 2 life and health atmosphere may be assigned to an additional 3 rule, such as incident commander, pumper operator, engineer, 4 or driver, so long as such individual is able to immediately 5 perform assistance or rescue activities without jeopardizing 6 the safety or health of any firefighter working at an 7 incident. Also with respect to 29 C.F.R. s. 1910.134(g)(4): 8 (a) Each county, municipality, or special district 9 shall implement such provision by April 1, 2002, except as 10 provided in paragraph (b). 11 (b) If any county, municipality, or special district 12 is unable to implement such provision by April 1, 2002, 13 without adding additional personnel to its firefighting staff 14 or expending significant additional funds, such county, 15 municipality, or special district shall have an additional 6 16 months within which to implement such provision. Such county, 17 municipality, or special district shall notify the division 18 that the 6-month extension to implement such provision is in 19 effect in such county, municipality, or special district 20 within 30 days after its decision to extend the time for an 21 additional 6 months. The decision to extend the time for 22 implementation shall be made prior to April 1, 2002. 23 (c) If, after the extension granted in paragraph (b), 24 the county, municipality, or special district, after having 25 worked with and cooperated fully with the division and the 26 Firefighters Employment, Standards, and Training Council, is 27 still unable to implement such provision without adding 28 additional personnel to its firefighting staff or expending 29 significant additional funds, such county, municipality, or 30 special district shall be exempt from the requirements of 29 31 C.F.R. s. 1910.134(g)(4). Nevertheless, each year thereafter 15 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 the division shall review each such county, municipality, or 2 special district to determine if such county, municipality, or 3 special district has the ability to implement such provision 4 without adding additional personnel to its firefighting staff 5 or expending significant additional funds. If the division 6 determines that any county, municipality, or special district 7 has the ability to implement such provision without adding 8 additional personnel to its firefighting staff or expending 9 significant additional funds, the division shall require such 10 county, municipality, or special district to implement such 11 provision. Such requirement by the division under this 12 paragraph constitutes final agency action subject to chapter 13 120. 14 (4) The provisions of chapter 440 which pertain to 15 workplace safety shall be applicable to the division. 16 (5) The division shall have the authority to adopt any 17 rule necessary to implement, interpret, and make specific the 18 provisions of this section; however, the division may not 19 adopt by rule any other standard or standards of the 20 Occupational Safety and Health Administration or the National 21 Fire Protection Association without specific legislative 22 authority. 23 Section 93. Paragraph (c) of subsection (3) of section 24 383.3362, Florida Statutes, is amended to read: 25 383.3362 Sudden Infant Death Syndrome.-- 26 (3) TRAINING.-- 27 (c) The Department of Health, in consultation with the 28 Emergency Medical Services Advisory Council, the Firefighters 29 Employment, Standards, and Training Council, and the Criminal 30 Justice Standards and Training Commission, shall develop and 31 adopt, by rule, curriculum that, at a minimum, includes 16 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 training in the nature of SIDS, standard procedures to be 2 followed by law enforcement agencies in investigating cases 3 involving sudden deaths of infants, and training in responding 4 appropriately to the parents or caretakers who have requested 5 assistance. 6 Section 94. Subsection (4) of section 633.30, Florida 7 Statutes, is amended to read: 8 633.30 Standards for firefighting; definitions.--As 9 used in this chapter: 10 (4) "Council" means the Firefighters Employment, 11 Standards, and Training Council. 12 Section 95. Effective July 1, 2001, subsections (1) 13 and (2) of section 633.31, Florida Statutes, are amended to 14 read: 15 633.31 Firefighters Employment, Standards, and 16 Training Council.-- 17 (1) There is created within the Department of 18 Insurance a Firefighters Employment, Standards, and Training 19 Council of thirteen nine members appointed by the State Fire 20 Marshal. Two members shall be fire chiefs who shall be 21 appointed by the Florida Fire Chiefs Association, two members 22 shall be firefighters who are not officers who shall be 23 appointed by the Florida Professional Firefighters' 24 Association, two members shall be firefighter officers who are 25 not fire chiefs who shall be appointed by the State Fire 26 Marshal, one member shall be appointed by the Florida League 27 of Cities, one member shall be appointed by the Florida 28 Association of Counties, one member shall be appointed by the 29 Florida Association of Special Districts, one member shall be 30 appointed by the Florida Fire Marshal's Association, one 31 member shall be appointed by the State Fire Marshal, and one 17 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 member shall be a director or instructor of a state-certified 2 firefighting training facility who shall be appointed by the 3 State Fire Marshal. To be eligible for appointment as a fire 4 chief member, firefighter officer member, firefighter member, 5 or a director or instructor of a state-certified firefighting 6 facility, a person shall have had at least 4 years' experience 7 in the firefighting profession. The remaining member, who 8 shall be appointed by the State Fire Marshal, two members 9 shall not be a member or representative members of the 10 firefighting profession or of any local government. Members 11 shall serve only as long as they continue to meet the criteria 12 under which they were appointed, or unless a member has failed 13 to appear at three consecutive and properly noticed meetings 14 unless excused by the chair. 15 (2) Initially, the State Fire Marshal shall appoint 16 three members for terms of 4 years, two members for terms of 3 17 years, two members for terms of 2 years, and two members for 18 terms of 1 year. Thereafter, Members shall be appointed for 19 4-year terms and in no event shall a member serve more than 20 two consecutive terms. Any vacancy shall be filled in the 21 manner of the original appointment for the remaining time of 22 the term. 23 Section 96. Subsection (4) of section 633.32, Florida 24 Statutes, is amended to read: 25 633.32 Organization; meetings; quorum; compensation; 26 seal.-- 27 (4) The council may adopt a seal for its use 28 containing the words "Firefighters Employment, Standards, and 29 Training Council." 30 Section 97. Subsections (4) and (5) of section 633.33, 31 Florida Statutes, are amended to read: 18 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 633.33 Special powers; firefighter training.--The 2 council shall have special powers in connection with the 3 employment and training of firefighters to: 4 (4) Consult and cooperate with any employing agency, 5 university, college, community college, the Florida State Fire 6 College, or other educational institution concerning the 7 employment and safety of firefighters, including, but not 8 limited to, the safety of firefighters while at the scene of a 9 fire and at the scene of any incident related to emergency 10 services to which a firefighter responds, development of 11 firefighter training schools and programs of courses of 12 instruction, including, but not limited to, education and 13 training in the areas of fire science, fire technology, fire 14 administration, and all allied and supporting fields. 15 (5) Make or support studies on any aspect of 16 firefighting employment, education, and training or 17 recruitment. 18 19 (Redesignate subsequent sections.) 20 21 22 ================ T I T L E A M E N D M E N T =============== 23 And the title is amended as follows: 24 On page 4, line 13, after the semicolon 25 26 insert: 27 creating ss. 633.801, 633.802, 633.803, 28 633.804, 633.805, 633.806, 633.807, 633.808, 29 633.810, 633.812, 633.813, 633.814, 633.815, 30 633.816, 633.817, 633.818, 633.819, 633.820, 31 633.823, 633.824, and 633.825, F.S.; 19 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 designating such sections as the Florida 2 Firefighter Occupational Safety and Health Act; 3 providing definitions; providing legislative 4 intent; authorizing the Division of State Fire 5 Marshal to adopt rules related to firefighter 6 safety inspections; requiring the division to 7 conduct a study; requiring firefighter 8 employers to provide safe employment 9 conditions; authorizing the division to adopt 10 rules that prescribe means for preventing 11 accidents in places of firefighter employment 12 and establish standards for construction, 13 repair, and maintenance; requiring the division 14 to inspect places of firefighter employment and 15 to develop safety and health programs for those 16 firefighter employers whose employees have a 17 high frequency or severity of work-related 18 injuries; requiring certain firefighter 19 employers to establish workplace safety 20 committees and to maintain certain records; 21 providing penalties for firefighter employers 22 who violate provisions of the act; providing 23 exemptions; providing for the source of funding 24 of the division; specifying firefighter 25 employee rights and responsibilities; providing 26 penalties for firefighter employers who make 27 false statements to the division or to an 28 insurer; specifying applicability to volunteer 29 firefighters and volunteer fire departments; 30 authorizing the division to adopt rules for 31 assuring safe working conditions for all 20 11:11 AM 04/30/01 s2224c2c-15m0a
SENATE AMENDMENT Bill No. CS for CS for SB 2224 Amendment No. ___ Barcode 112926 1 firefighter employees; amending s. 633.31, 2 F.S.; changing the name and membership of the 3 Firefighters Standards and Training Council; 4 amending ss. 383.3362, 633.30, and 633.32, 5 F.S., to conform; amending s. 633.33, F.S.; 6 revising certain powers of the council; 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 11:11 AM 04/30/01 s2224c2c-15m0a