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." |