House Bill hb0135c1

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    Florida House of Representatives - 2002              CS/HB 135

        By the Council for Smarter Government and Representatives
    Bense, Benson, Jennings, Greenstein, Wiles, Weissman, Wishner,
    Sobel, Flanagan, Hogan, Mayfield, Clarke, Kallinger, Spratt,
    Fiorentino and Cantens



  1                      A bill to be entitled

  2         An act relating to firefighter employment

  3         safety; creating ss. 633.801, 633.802, 633.803,

  4         633.804, 633.805, 633.806, 633.807, 633.808,

  5         633.809, 633.810, 633.811, 633.812, 633.813,

  6         633.814, 633.815, 633.816, 633.817, 633.818,

  7         633.819, 633.820, and 633.821, F.S.; providing

  8         a short title; providing definitions; providing

  9         legislative intent; authorizing the Division of

10         State Fire Marshal of the Department of

11         Insurance to adopt rules related to firefighter

12         safety inspections; requiring the division to

13         conduct a study of firefighter occupational

14         diseases; authorizing representatives of the

15         division to enter and inspect any place of

16         firefighter employment; requiring firefighter

17         employers to provide safe employment

18         conditions; authorizing the division to adopt

19         rules that prescribe means for preventing

20         accidents in places of firefighter employment

21         and establish standards for construction,

22         repair, and maintenance; requiring the division

23         to inspect places of firefighter employment and

24         to develop safety and health programs for those

25         firefighter employers whose employees have a

26         high frequency or severity of work-related

27         injuries; requiring certain firefighter

28         employers to establish workplace safety

29         committees and to maintain certain records;

30         providing penalties for firefighter employers

31         who violate provisions of the act; providing

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  1         exemptions; providing a penalty for the failure

  2         to implement a safety and health program and

  3         cancellations; providing for expenses of

  4         administration; providing penalties for refusal

  5         to admit division; specifying firefighter

  6         employee rights and responsibilities; providing

  7         division remedies for failure to comply;

  8         providing penalties for firefighter employers

  9         who make false statements to the division or to

10         an insurer; providing criminal penalties for

11         false, malicious, or fraudulent statements and

12         representatives; specifying applicability to

13         volunteer firefighters and fire departments;

14         providing for workplace safety and to authorize

15         the division to adopt rules including federal

16         standards for assuring safe working conditions

17         for all firefighter employees; amending s.

18         633.31, F.S.; changing the name of and

19         expanding and diversifying the Firefighters

20         Standards and Training Council; amending s.

21         633.33, F.S.; providing additional duties of

22         the council; amending ss. 383.3362, 633.330,

23         and 633.32, F.S.; conforming language;

24         providing a declaration of important state

25         interest; providing an effective date.

26

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

28

29         Section 1.  Sections 633.801, 633.802, 633.803,

30  633.804, 633.805, 633.806, 633.807, 633.808, 633.809, 633.810,

31  633.811, 633.812, 633.813, 633.814, 633.815, 633.816, 633.817,

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  1  633.818, 633.819, 633.820, and 633.821, Florida Statutes, are

  2  created to read:

  3         633.801  Short title.--Sections 633.801-633.821 may be

  4  cited as the "Florida Firefighters Occupational Safety and

  5  Health Act."

  6         633.802  Definitions.--Unless the context clearly

  7  requires otherwise, the following definitions shall apply to

  8  ss. 633.801-633.821:

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

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

11  Marshal of the department.

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

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

14  appointment or contract of hire or apprenticeship, express or

15  implied, oral or written, whether lawfully or unlawfully

16  employed, responding to or assisting with fire or medical

17  emergencies, whether or not the firefighter is on duty, except

18  those appointed under s. 590.02(1)(d).

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

20  political subdivisions of this state, all public and

21  quasi-public corporations in this state, and every person

22  carrying on any employment for this state, political

23  subdivisions of this state, and public and quasi-public

24  corporations in this state, which employs firefighters, except

25  those appointed under s. 590.02(1)(d).

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

27  service performed by a firefighter employee for the

28  firefighter employer.

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

30  employment" means the physical location at which the

31  firefighter is employed.

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  1         633.803  Legislative intent.--It is the intent of the

  2  Legislature to enhance firefighter occupational safety and

  3  health in the state through the implementation and maintenance

  4  of policies, procedures, practices, rules, and standards that

  5  reduce the incidence of firefighter employee accidents,

  6  firefighter occupational diseases, and firefighter fatalities

  7  compensable under chapter 440 or otherwise.  The Legislature

  8  further intends that the division develop a means by which the

  9  division can identify individual firefighter employers with a

10  high frequency or severity of work-related injuries, conduct

11  safety inspections of those firefighter employers, and assist

12  those firefighter employers in the development and

13  implementation of firefighter employee safety and health

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

15  that the division administer the provisions of ss.

16  633.801-633.821; provide assistance to firefighter employers,

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

18  rules, and standards set forth in ss. 633.801-633.821.

19         633.804  Safety inspections and consultations;

20  rules.--The division shall adopt rules governing the manner,

21  means, and frequency of firefighter employer and firefighter

22  employee safety inspections and consultations by all insurers

23  and self-insurers.

24         633.805  Division to make study of firefighter

25  occupational diseases.--The division shall make a continuous

26  study of firefighter occupational diseases and the ways and

27  means for their control and prevention and shall adopt rules

28  necessary for such control and prevention.  For this purpose,

29  the division is authorized to cooperate with firefighter

30  employers, firefighter employees, and insurers and with the

31  Department of Health.

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  1         633.806  Investigations by the division; refusal to

  2  admit; penalty.--

  3         (1)  The division shall make studies and investigations

  4  with respect to safety provisions and the causes of

  5  firefighter injuries in firefighter places of employment and

  6  shall make such recommendations to the Legislature and

  7  firefighter employers and insurers as the division considers

  8  proper as to the best means of preventing firefighter

  9  injuries.  In making such studies and investigations, the

10  division may cooperate with any agency of the United States

11  charged with the duty of enforcing any law securing safety

12  against injury in any place of firefighter employment covered

13  by ss. 633.801-633.821 or any agency or department of the

14  state engaged in enforcing any law to ensure safety for

15  firefighter employees.

16         (2)  The division by rule may adopt procedures for

17  conducting investigations of firefighter employers under ss.

18  633.801-633.821.

19         633.807  Safety; firefighter employer

20  responsibilities.--Every firefighter employer shall furnish

21  and use safety devices and safeguards, adopt and use methods

22  and processes reasonably adequate to render such an employment

23  and place of employment safe, and do every other thing

24  reasonably necessary to protect the lives, health, and safety

25  of such firefighter employees.  As used in this section, the

26  terms "safe" and "safety" as applied to any employment or

27  place of firefighter employment mean such freedom from danger

28  as is reasonably necessary for the protection of the lives,

29  health, and safety of firefighter employees, including

30  conditions and methods of sanitation and hygiene.  Safety

31  devices and safeguards required to be furnished by the

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  1  firefighter employer by this section or by the division under

  2  authority of this section shall not include personal apparel

  3  and protective devices that replace personal apparel normally

  4  worn by firefighter employees during regular working hours.

  5         633.808  Division authority.--The division shall:

  6         (1)  Investigate and prescribe by rule what safety

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

  8  adopted for the prevention of accidents in every firefighter

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

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

11  the prevention of occupational diseases must be adopted or

12  followed in any or all such firefighter places of employment

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

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

15  of firefighters engaged in interior firefighting, and the

16  prevention of occupational diseases.

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

18  standards and rules for the construction, repair, and

19  maintenance of firefighter places of employment as shall

20  render them safe.  Such rules and standards shall be adopted

21  in accordance with chapter 120.

22         (3)  Assist firefighter employers in the development

23  and implementation of firefighter employee safety training

24  programs by contracting with professional safety

25  organizations.

26         (4)  Adopt rules prescribing recordkeeping

27  responsibilities for firefighter employers, which may include

28  maintaining a log and summary of occupational injuries,

29  diseases, and illnesses, for producing on request a notice of

30  injury and firefighter employee accident investigation

31

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  1  records, and prescribing a retention schedule for such

  2  records.

  3         633.809  Firefighter employers whose firefighter

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

  5  division shall develop a means by which the division may

  6  identify individual firefighter employers whose firefighter

  7  employees have a high frequency or severity of work-related

  8  injuries.  The division shall carry out safety inspections of

  9  the facilities and operations of those firefighter employers

10  in order to assist them in reducing the frequency and severity

11  of work-related injuries.  The division shall develop safety

12  and health programs for those firefighter employers.  Insurers

13  shall distribute such safety and health programs to the

14  firefighter employers so identified by the division.  Those

15  firefighter employers identified by the division as having a

16  high frequency or severity of work-related injuries shall

17  implement a safety and health program developed by the

18  division.  The division shall carry out safety inspections of

19  those firefighter employers so identified to ensure compliance

20  with the safety and health program and to assist such

21  firefighter employers in reducing the number of work-related

22  injuries.  The division may not assess penalties as the result

23  of such inspections, except as provided by s. 633.813.  Copies

24  of any report made as the result of such an inspection shall

25  be provided to the firefighter employer and its insurer.

26  Firefighter employers may submit their own safety and health

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

28  safety and health program developed by the division.  The

29  division shall promptly review the program submitted and

30  approve or disapprove the program within 60 days or such

31  program shall be deemed approved.  Upon approval by the

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  1  division, the program shall be implemented by the firefighter

  2  employer.  If the program is not approved or if a program is

  3  not submitted, the firefighter employer shall implement the

  4  program developed by the division.  The division shall adopt

  5  rules setting forth the criteria for safety and health

  6  programs, as such rules relate to this section.

  7         633.810  Workplace safety committees and safety

  8  coordinators.--

  9         (1)  In order to promote health and safety in

10  firefighter places of employment in this state:

11         (a)  Each firefighter employer of 20 or more

12  firefighter employees shall establish and administer a

13  workplace safety committee in accordance with rules adopted

14  under this section.

15         (b)  Each firefighter employer of fewer than 20

16  firefighter employees identified by the division as having

17  high frequency or severity of work-related injuries shall

18  establish and administer a workplace safety committee or

19  designate a workplace safety coordinator who shall establish

20  and administer workplace safety activities in accordance with

21  rules adopted under this section.

22         (2)  The division shall adopt rules:

23         (a)  Prescribing the membership of the workplace safety

24  committees so as to ensure an equal number of firefighter

25  employee representatives, who are volunteers or are elected by

26  their peers, and of firefighter employer representatives, and

27  specifying the frequency of meetings.

28         (b)  Requiring firefighter employers to make adequate

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

30  records subject to inspection by the division.

31

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  1         (c)  Prescribing the duties and functions of the

  2  workplace safety committee and workplace safety coordinator,

  3  which include, but are not limited to:

  4         1.  Establishing procedures for workplace safety

  5  inspections by the committee.

  6         2.  Establishing procedures for investigating all

  7  workplace accidents, safety-related incidents, illnesses, and

  8  deaths.

  9         3.  Evaluating accident prevention and illness

10  prevention programs.

11         4.  Prescribing guidelines for the training of safety

12  committee members.

13         (3)  The composition, selection, and function of

14  workplace safety committees shall be a mandatory topic of

15  negotiations with any certified collective bargaining agent

16  for firefighter employers that operate under a collective

17  bargaining agreement.  Firefighter employers that operate

18  under a collective bargaining agreement that contains

19  provisions regulating the formation and operation of workplace

20  safety committees that meet or exceed the minimum requirements

21  contained in this section, or firefighter employers who

22  otherwise have existing workplace safety committees that meet

23  or exceed the minimum requirements established by this

24  section, are in compliance with this section.

25         (4)  Firefighter employees shall be compensated their

26  regular hourly wage while engaged in workplace safety

27  committee or workplace safety coordinator training, meetings,

28  or other duties prescribed under this section.

29         633.811  Firefighter employer penalties.--If any

30  firefighter employer violates or fails or refuses to comply

31  with ss. 633.801-633.821, or with any rule adopted by the

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  1  division under such sections in accordance with chapter 120

  2  for the prevention of injuries, accidents, or occupational

  3  diseases or with any lawful order of the division in

  4  connection with ss. 633.801-633.821, or fails or refuses to

  5  furnish or adopt any safety device, safeguard, or other means

  6  of protection prescribed by division rule under ss.

  7  633.801-633.821 for the prevention of accidents or

  8  occupational diseases, the division may assess against the

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

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

11  failure, or refusal continues after the firefighter employer

12  has been given written notice of such violation, omission,

13  failure, or refusal.  The total penalty for each violation may

14  not exceed $50,000.  The division shall adopt rules requiring

15  penalties commensurate with the frequency or severity of

16  safety violations.  A hearing shall be held in the county in

17  which the violation, omission, failure, or refusal is alleged

18  to have occurred, unless otherwise agreed to by the

19  firefighter employer and authorized by the division.  All

20  penalties assessed and collected under this section shall be

21  deposited in the Insurance Commissioner's Regulatory Trust

22  Fund.

23         633.812  Division cooperation with Federal Government;

24  exemption from requirements for private firefighter

25  employers.--

26         (1)  The division shall cooperate with the Federal

27  Government so that duplicate inspections will be avoided while

28  at the same time ensuring safe firefighter places of

29  employment for the citizens of this state.

30

31

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  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 shall include provisions for a

11  safety committee in the safety program.  The safety committee

12  shall include firefighter employee representation and shall

13  meet at least once each calendar quarter.  The private

14  firefighter employer shall make adequate records of each

15  meeting and maintain the records subject to inspections under

16  subsection (3).  The safety committee shall, if appropriate,

17  make recommendations regarding improvements to the safety

18  program and corrections of hazards affecting workplace safety;

19  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 private firefighter employment for the purpose of

25  verifying the accuracy of the written certification.  If the

26  division determines that the private firefighter employer has

27  not complied with the requirements of subsection (2), the

28  private firefighter employer shall be subject to the rules of

29  the division until the private firefighter employer complies

30  with subsection (2) and recertifies that fact to the division.

31

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  1         (4)  This section shall not restrict the division's

  2  performance of any duties pursuant to a written contract

  3  between the division and the federal Occupational Safety and

  4  Health Administration.

  5         633.813  Failure to implement a safety and health

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

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

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

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

10  coverage for the firefighter employer may cancel the contract

11  for insurance with the firefighter employer.  In the

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

13  deviation granted to the firefighter employer for the

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

15  canceled or the discount or deviation is terminated, the

16  insurer shall make such reports as are required by law.

17         633.814  Expenses of administration.--The amounts that

18  are needed to administer ss. 633.801-633.821 shall be

19  disbursed from the Insurance Commissioner's Regulatory Trust

20  Fund.

21         633.815  Refusal to admit; penalty.--The division and

22  authorized representatives of the division may enter and

23  inspect any firefighter place of employment at any reasonable

24  time for the purpose of investigating compliance with ss.

25  633.801-633.821 and conducting inspections for the proper

26  enforcement of ss. 633.801-633.821.  A firefighter employer

27  who refuses to admit any member of the division or authorized

28  representative of the division to any place of employment or

29  to allow investigation and inspection pursuant to this section

30  commits a misdemeanor of the second degree, punishable as

31  provided in s. 775.082 or s. 775.083.

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  1         633.816  Firefighter employee rights and

  2  responsibilities.--

  3         (1)  Each firefighter employee of a firefighter

  4  employer covered under ss. 633.801-633.821 shall comply with

  5  rules adopted by the division and with reasonable workplace

  6  safety and health standards, rules, policies, procedures, and

  7  work practices established by the firefighter employer and the

  8  workplace safety committee.  A firefighter employee who

  9  knowingly fails to comply with this subsection may be

10  disciplined or discharged by the firefighter employer.

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

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

13  otherwise discipline, or in any manner discriminate against a

14  firefighter employee for any of the following reasons:

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

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

17  in any proceeding instituted under ss. 633.801-633.821;

18         (b)  The firefighter employee has exercised any other

19  right afforded under ss. 633.801-633.821; or

20         (c)  The firefighter employee is engaged in activities

21  relating to the workplace safety committee.

22         (3)  No pay, position, seniority, or other benefit may

23  be lost for exercising any right under, or for seeking

24  compliance with any requirement of, ss. 633.801-633.821.

25         633.817  Compliance.--Failure of a firefighter employer

26  or an insurer to comply with ss. 633.801-633.821, or with any

27  rules adopted under ss. 633.801-633.821, constitutes grounds

28  for the division to seek remedies, including injunctive

29  relief, by making appropriate filings with the circuit court.

30         633.818  False statements to insurers.--A firefighter

31  employer who knowingly and willfully falsifies or conceals a

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  1  material fact; makes a false, fictitious, or fraudulent

  2  statement or representation; or makes or uses any false

  3  document knowing the document to contain any false,

  4  fictitious, or fraudulent entry or statement to an insurer of

  5  workers' compensation insurance under ss. 633.801-633.821

  6  commits a misdemeanor of the second degree, punishable as

  7  provided in s. 775.082 or s. 775.083.

  8         633.819  Matters within jurisdiction of the division;

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

10  representations prohibited; penalty; statute of

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

12  jurisdiction of the division, knowingly and willfully falsify

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

14  fraudulent statement or representation; or make or use any

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

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

17  violates this section commits a misdemeanor of the second

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

19  The statute of limitations for prosecution of an act committed

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

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

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

23  discovered.

24         633.820  Volunteer firefighters.--Sections

25  633.803-633.821 apply to volunteer firefighters and volunteer

26  fire departments.

27         633.821  Workplace safety.--

28         (1)  The division shall assist in making the

29  firefighter place of employment a safer place to work and

30  decreasing the frequency and severity of on-the-job injuries

31  in such workplace.

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

  2  rules for the purpose of ensuring safe working conditions for

  3  all firefighter employees by authorizing the enforcement of

  4  effective standards, by assisting and encouraging firefighter

  5  employers to maintain safe working conditions, and by

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

  7  Specifically, the division may by rule adopt all or any part

  8  of subparts C through T and subpart Z of 29 C.F.R. s. 1910, as

  9  revised April 8, 1998; the National Fire Protection

10  Association, Inc., Standard 1500, paragraph 5-7 (Personal

11  Alert Safety System) (1992 edition); and ANSI A 10.4-1990.

12         (3)  With respect to 29 C.F.R. s. 1910.134(g)(4), the

13  two individuals located outside the immediately dangerous to

14  life and health atmosphere may be assigned to an additional

15  role, such as incident commander, pumper operator, engineer,

16  or driver, so long as such individual is able to immediately

17  perform assistance or rescue activities without jeopardizing

18  the safety or health of any firefighter working at an

19  incident.  Also with respect to 29 C.F.R. s. 1910.134(g)(4):

20         (a)  Each county, municipality, and special district

21  shall implement such provision by April 1, 2002, except as

22  provided in paragraphs (b) and (c).

23         (b)  If any county, municipality, or special district

24  is unable to implement such provision by April 1, 2002,

25  without adding additional personnel to its firefighting staff

26  or expending significant additional funds, such county,

27  municipality, or special district shall have an additional 6

28  months within which to implement such provision. Such county,

29  municipality, or special district shall notify the division

30  that the 6-month extension to implement such provision is in

31  effect in such county, municipality, or special district

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  1  within 30 days after its decision to extend the time for the

  2  additional 6 months. The decision to extend the time for

  3  implementation shall be made prior to April 1, 2002.

  4         (c)  If, after the extension granted in paragraph (b),

  5  the county, municipality, or special district, after having

  6  worked with and cooperated fully with the division and the

  7  Firefighters Employment, Standards, and Training Council, is

  8  still unable to implement such provisions without adding

  9  additional personnel to its firefighting staff or expending

10  significant additional funds, such municipality, county, or

11  special district shall be exempt from the requirements of 29

12  C.F.R. s. 1910.134(g)(4).  Nevertheless, each year thereafter

13  the division shall review each such county, municipality, or

14  special district to determine if such county, municipality, or

15  special district has the ability to implement such provision

16  without adding additional personnel to its firefighting staff

17  or expending significant additional funds.  If the division

18  determines that any county, municipality, or special district

19  has the ability to implement such provision without adding

20  additional personnel to its firefighting staff or expending

21  significant additional funds, the division shall require such

22  county, municipality, or special district to implement such

23  provision.  Such requirement by the division under this

24  paragraph constitutes final agency action subject to chapter

25  120.

26         (4)  The provisions of chapter 440 that pertain to

27  workplace safety apply to the division.

28         (5)  The division may adopt any rule necessary to

29  implement, interpret, and make specific the provisions of this

30  section, provided the division may not adopt by rule any other

31  standard or standards of the Occupational Safety and Health

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  1  Administration or the National Fire Protection Association

  2  relating solely to ss. 633.801-633.821 and firefighter

  3  employment safety without specific legislative authority.

  4         Section 2.  Section 633.31, Florida Statutes, is

  5  amended to read:

  6         633.31  Firefighters Employment, Standards, and

  7  Training Council.--

  8         (1)  There is created within the Department of

  9  Insurance a Firefighters Employment, Standards, and Training

10  Council of 13 nine members appointed by the State Fire

11  Marshal.  Two members shall be fire chiefs appointed by the

12  Florida Fire Chiefs Association, two members shall be

13  firefighters, who are not officers, appointed by the Florida

14  Professional Firefighters Association, two members shall be

15  firefighter officers, who are not fire chiefs, appointed by

16  the State Fire Marshal, one member appointed by the Florida

17  League of Cities, one member appointed by the Florida

18  Association of Counties, one member appointed by the Florida

19  Association of Special Districts, one member appointed by the

20  Florida Fire Marshal's Association, and one member appointed

21  by the State Fire Marshal, and one member shall be a director

22  or instructor of a state-certified firefighting training

23  facility appointed by the State Fire Marshal. To be eligible

24  for appointment as a fire chief member, firefighter officer

25  member, firefighter member, or a director or instructor of a

26  state-certified firefighting facility, a person shall have had

27  at least 4 years' experience in the firefighting profession.

28  The remaining member, who shall be appointed by the State Fire

29  Marshal, two members shall not be a member or representative

30  members of the firefighting profession or of any local

31  government. Members shall serve only as long as they continue

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  1  to meet the criteria under which they were appointed, or

  2  unless a member has failed to appear at three consecutive and

  3  properly noticed meetings unless excused by the chair.

  4         (2)  Initially, the State Fire Marshal shall appoint

  5  three members for terms of 4 years, two members for terms of 3

  6  years, two members for terms of 2 years, and two members for

  7  terms of 1 year.  Thereafter, Members shall be appointed for

  8  4-year terms and in no event shall a member serve more than

  9  two consecutive terms.  Any vacancy shall be filled in the

10  manner of the original appointment for the remaining time of

11  the term.

12         (3)  The State Fire Marshal, in making her or his

13  appointments, shall take into consideration representation by

14  geography, population, and other relevant factors, in order

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

16  representation to the state at large rather than to a

17  particular area.

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

19  member from holding any other public office or being employed

20  by a public entity, except that no member of the Legislature

21  shall serve on the council.

22         Section 3.  Subsections (4) and (5) of section 633.33,

23  Florida Statutes, are amended to read:

24         633.33  Special powers; firefighter training.--The

25  council shall have special powers in connection with the

26  employment and training of firefighters to:

27         (4)  Consult and cooperate with any employing agency,

28  university, college, community college, the Florida State Fire

29  College, or other educational institution concerning the

30  employment and safety of firefighters, including, but not

31  limited to, the safety of firefighters while at the scene of a

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  1  fire or the scene of an incident related to the provision of

  2  emergency services to which a firefighter responds, and the

  3  development of firefighter training schools and programs of

  4  courses of instruction, including, but not limited to,

  5  education and training in the areas of firefighter employment,

  6  fire science, fire technology, fire administration, and all

  7  allied and supporting fields.

  8         (5)  Make or support studies on any aspect of

  9  firefighting employment, education, and training or

10  recruitment.

11         Section 4.  Paragraph (c) of subsection (3) of section

12  383.3362, Florida Statutes, is amended to read:

13         383.3362  Sudden Infant Death Syndrome.--

14         (3)  TRAINING.--

15         (c)  The Department of Health, in consultation with the

16  Emergency Medical Services Advisory Council, the Firefighters

17  Employment, Standards, and Training Council, and the Criminal

18  Justice Standards and Training Commission, shall develop and

19  adopt, by rule, curriculum that, at a minimum, includes

20  training in the nature of SIDS, standard procedures to be

21  followed by law enforcement agencies in investigating cases

22  involving sudden deaths of infants, and training in responding

23  appropriately to the parents or caretakers who have requested

24  assistance.

25         Section 5.  Subsection (4) of section 633.30, Florida

26  Statutes, is amended to read:

27         633.30  Standards for firefighting; definitions.--As

28  used in this chapter:

29         (4)  "Council" means the Firefighters Employment,

30  Standards, and Training Council.

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  1         Section 6.  Subsection (4) of section 633.32, Florida

  2  Statutes, is amended to read:

  3         633.32  Organization; meetings; quorum; compensation;

  4  seal.--

  5         (4)  The council may adopt a seal for its use

  6  containing the words "Firefighters Employment, Standards, and

  7  Training Council."

  8         Section 7.  The Legislature determines and declares

  9  that this act fulfills an important state interest.

10         Section 8.  This act shall take effect upon becoming a

11  law.

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