| 1 | The Committee on Insurance recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to fire prevention and control; creating |
| 7 | s. 633.115, F.S.; creating the Fire and Emergency Incident |
| 8 | Information Reporting Program within the Division of State |
| 9 | Fire Marshal; providing program requirements; providing |
| 10 | duties of the division relating to the program; creating |
| 11 | the Fire and Emergency Incident Information System |
| 12 | Technical Advisory Panel within the division; providing |
| 13 | for membership and duties of the panel; amending s. |
| 14 | 633.171, F.S.; providing criminal penalties for initiating |
| 15 | a pyrotechnic display in an indoor facility under certain |
| 16 | circumstances; providing an exception; amending s. |
| 17 | 633.821, F.S.; providing additional criteria for certain |
| 18 | rules of the Division of State Fire Marshal; requiring the |
| 19 | division to adopt rules relating to live fire training; |
| 20 | providing requirements; providing for such rules to take |
| 21 | effect; requiring state certification as an instructor for |
| 22 | certain training after a certain date; providing an |
| 23 | exception from application to certain wildland training; |
| 24 | amending s. 932.7055, F.S.; providing that proceeds from |
| 25 | the sale of certain forfeited property be deposited into |
| 26 | the Insurance Regulatory Trust Fund and used for specified |
| 27 | purposes; providing an effective date. |
| 28 |
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| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 |
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| 31 | Section 1. Section 633.115, Florida Statutes, is created |
| 32 | to read: |
| 33 | 633.115 Fire and Emergency Incident Information Reporting |
| 34 | Program; duties; fire reports.-- |
| 35 | (1)(a) The Fire and Emergency Incident Information |
| 36 | Reporting Program is created within the Division of State Fire |
| 37 | Marshal. The program shall: |
| 38 | 1. Establish and maintain an electronic communication |
| 39 | system capable of transmitting fire and emergency incident |
| 40 | information to and between fire protection agencies. |
| 41 | 2. Initiate a Fire and Emergency Incident Information |
| 42 | Reporting System that shall be responsible for: |
| 43 | a. Receiving fire and emergency incident information from |
| 44 | fire protection agencies. |
| 45 | b. Preparing and disseminating annual reports to the |
| 46 | Governor, the President of the Senate, the Speaker of the House |
| 47 | of Representatives, fire protection agencies, and, upon request, |
| 48 | the public. Each report shall include, but not be limited to, |
| 49 | the information listed in the National Fire Incident Reporting |
| 50 | System. |
| 51 | c. Upon request, providing other states and federal |
| 52 | agencies with fire and emergency incident data of this state. |
| 53 | 3. Adopt rules to effectively and efficiently implement, |
| 54 | administer, manage, maintain, and use the Fire and Emergency |
| 55 | Incident Information Reporting Program. The rules shall be |
| 56 | considered minimum requirements and shall not preclude a fire |
| 57 | protection agency from implementing its own requirements which |
| 58 | shall not conflict with the rules of the Division of State Fire |
| 59 | Marshal. |
| 60 | 4. By rule, establish procedures and a format for each |
| 61 | fire protection agency to voluntarily monitor its records and |
| 62 | submit reports to the program. |
| 63 | 5. Establish an electronic information database, which is |
| 64 | accessible and searchable by fire protection agencies. |
| 65 | (b) The Division of State Fire Marshal shall consult with |
| 66 | the Division of Forestry of the Department of Agriculture and |
| 67 | Consumer Services and the Bureau of Emergency Medical Services |
| 68 | of the Department of Health to coordinate data, ensure accuracy |
| 69 | of the data, and limit duplication of efforts in data |
| 70 | collection, analysis, and reporting. |
| 71 | (2) The Fire and Emergency Incident Information System |
| 72 | Technical Advisory Panel is created within the Division of State |
| 73 | Fire Marshal. The panel shall advise, review, and recommend to |
| 74 | the State Fire Marshal with respect to the requirements of this |
| 75 | section. The membership of the panel shall consist of the |
| 76 | following 15 members: |
| 77 | (a) The current 13 members of the Firefighters Employment, |
| 78 | Standards, and Training Council as established in s. 633.31. |
| 79 | (b) One member from the Division of Forestry of the |
| 80 | Department of Agriculture and Consumer Services appointed by the |
| 81 | division director. |
| 82 | (c) One member from the Bureau of Emergency Medical |
| 83 | Services of the Department of Health, appointed by the bureau |
| 84 | chief. |
| 85 | (3) For the purpose of this section, the term "fire |
| 86 | protection agency" shall be defined by rule by the Division of |
| 87 | State Fire Marshal. |
| 88 | Section 2. Section 633.171, Florida Statutes, is amended |
| 89 | to read: |
| 90 | 633.171 Penalty for violation of law, rule, or order to |
| 91 | cease and desist or for failure to comply with corrective |
| 92 | order.-- |
| 93 | (1) Any person who violates The violation of any provision |
| 94 | of this law, or any order or rule of the State Fire Marshal, or |
| 95 | any order to cease and desist or to correct conditions issued |
| 96 | under this chapter commits hereunder, shall constitute a |
| 97 | misdemeanor of the second degree, punishable as provided in s. |
| 98 | 775.082 or s. 775.083. |
| 99 | (2) It is shall constitute a misdemeanor of the first |
| 100 | degree, punishable as provided in s. 775.082 or s. 775.083, to |
| 101 | intentionally or willfully: |
| 102 | (a) Render a fire extinguisher or preengineered system |
| 103 | required by statute or by rule inoperative except during such |
| 104 | time as the extinguisher or preengineered system is being |
| 105 | serviced, hydrotested, tested, repaired, or recharged, except |
| 106 | pursuant to court order. |
| 107 | (b) Obliterate the serial number on a fire extinguisher |
| 108 | for purposes of falsifying service records. |
| 109 | (c) Improperly service, recharge, repair, hydrotest, test, |
| 110 | or inspect a fire extinguisher or preengineered system. |
| 111 | (d) Use the license or permit number of another person. |
| 112 | (e) Hold a permit and allow another person to use said |
| 113 | permit number. |
| 114 | (f) Use, or permit the use of, any license by any |
| 115 | individual or organization other than the one to whom the |
| 116 | license is issued. |
| 117 | (3)(a) A person who initiates a pyrotechnic display in an |
| 118 | indoor facility that does not have a fire suppression system |
| 119 | installed in compliance with s. 633.065 commits a felony of the |
| 120 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 121 | or s. 775.084. |
| 122 | (b) A person who initiates a pyrotechnic display in an |
| 123 | indoor facility without the written consent of the owner or |
| 124 | operator of the indoor facility and without a permit issued by |
| 125 | the local authority having jurisdiction commits a felony of the |
| 126 | third degree, punishable as provided in s. 775.082, s. 775.083, |
| 127 | or s. 775.084. |
| 128 | (c) This subsection does not apply to the manufacture, |
| 129 | distribution, sale at wholesale or retail, or seasonal sale of |
| 130 | products regulated under chapter 791 if the products are not |
| 131 | used in an indoor facility. |
| 132 | Section 3. Subsection (2) of section 633.821, Florida |
| 133 | Statutes, is amended, and subsection (6) is added to said |
| 134 | section, to read: |
| 135 | 633.821 Workplace safety.-- |
| 136 | (2) The division shall have the authority to adopt rules |
| 137 | for the purpose of ensuring safe working conditions for all |
| 138 | firefighter employees by authorizing the enforcement of |
| 139 | effective standards, by assisting and encouraging firefighter |
| 140 | employers to maintain safe working conditions, and by providing |
| 141 | for education and training in the field of safety. Specifically, |
| 142 | the division may by rule adopt all or any part of subparts C |
| 143 | through T and subpart Z of 29 C.F.R. s. 1910, as revised April |
| 144 | 8, 1998; the National Fire Protection Association, Inc., |
| 145 | Standard 1500, paragraph 5-7 (Personal Alert Safety System) |
| 146 | (1992 edition); the National Fire Protection Association, Inc., |
| 147 | Publication 1403, Standard on Live Fire Training Evolutions |
| 148 | (latest edition), as limited by subsection (6); and ANSI A 10.4- |
| 149 | 1990. |
| 150 | (6)(a) The division shall adopt rules for live fire |
| 151 | training that all firefighters subject to this chapter must |
| 152 | complete. The division shall also adopt rules for a training and |
| 153 | certification process for live fire training instructors. |
| 154 | (b) Such rules for training shall include: |
| 155 | 1. Sections of the most current edition of the National |
| 156 | Fire Protection Association, Inc., Publication 1402, Guide to |
| 157 | Building Fire Service Training Centers, relating to establishing |
| 158 | policies and procedures for effective use of such permanent |
| 159 | facilities or structures. |
| 160 | 2. Sections of the most current edition of the National |
| 161 | Fire Protection Association, Inc., Publication 1403, Standard on |
| 162 | Live Fire Training Evolutions, excluding, however: |
| 163 | a. Any chapter entitled "Referenced Publications." |