HB 0101CS

CHAMBER ACTION




1The Committee on Insurance recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to fire prevention and control; creating
7s. 633.115, F.S.; creating the Fire and Emergency Incident
8Information Reporting Program within the Division of State
9Fire Marshal; providing program requirements; providing
10duties of the division relating to the program; creating
11the Fire and Emergency Incident Information System
12Technical Advisory Panel within the division; providing
13for membership and duties of the panel; amending s.
14633.171, F.S.; providing criminal penalties for initiating
15a pyrotechnic display in an indoor facility under certain
16circumstances; providing an exception; amending s.
17633.821, F.S.; providing additional criteria for certain
18rules of the Division of State Fire Marshal; requiring the
19division to adopt rules relating to live fire training;
20providing requirements; providing for such rules to take
21effect; requiring state certification as an instructor for
22certain training after a certain date; providing an
23exception from application to certain wildland training;
24amending s. 932.7055, F.S.; providing that proceeds from
25the sale of certain forfeited property be deposited into
26the Insurance Regulatory Trust Fund and used for specified
27purposes; providing an effective date.
28
29Be It Enacted by the Legislature of the State of Florida:
30
31     Section 1.  Section 633.115, Florida Statutes, is created
32to read:
33     633.115  Fire and Emergency Incident Information Reporting
34Program; duties; fire reports.--
35     (1)(a)  The Fire and Emergency Incident Information
36Reporting Program is created within the Division of State Fire
37Marshal. The program shall:
38     1.  Establish and maintain an electronic communication
39system capable of transmitting fire and emergency incident
40information to and between fire protection agencies.
41     2.  Initiate a Fire and Emergency Incident Information
42Reporting System that shall be responsible for:
43     a.  Receiving fire and emergency incident information from
44fire protection agencies.
45     b.  Preparing and disseminating annual reports to the
46Governor, the President of the Senate, the Speaker of the House
47of Representatives, fire protection agencies, and, upon request,
48the public. Each report shall include, but not be limited to,
49the information listed in the National Fire Incident Reporting
50System.
51     c.  Upon request, providing other states and federal
52agencies with fire and emergency incident data of this state.
53     3.  Adopt rules to effectively and efficiently implement,
54administer, manage, maintain, and use the Fire and Emergency
55Incident Information Reporting Program. The rules shall be
56considered minimum requirements and shall not preclude a fire
57protection agency from implementing its own requirements which
58shall not conflict with the rules of the Division of State Fire
59Marshal.
60     4.  By rule, establish procedures and a format for each
61fire protection agency to voluntarily monitor its records and
62submit reports to the program.
63     5.  Establish an electronic information database, which is
64accessible and searchable by fire protection agencies.
65     (b)  The Division of State Fire Marshal shall consult with
66the Division of Forestry of the Department of Agriculture and
67Consumer Services and the Bureau of Emergency Medical Services
68of the Department of Health to coordinate data, ensure accuracy
69of the data, and limit duplication of efforts in data
70collection, analysis, and reporting.
71     (2)  The Fire and Emergency Incident Information System
72Technical Advisory Panel is created within the Division of State
73Fire Marshal. The panel shall advise, review, and recommend to
74the State Fire Marshal with respect to the requirements of this
75section. The membership of the panel shall consist of the
76following 15 members:
77     (a)  The current 13 members of the Firefighters Employment,
78Standards, and Training Council as established in s. 633.31.
79     (b)  One member from the Division of Forestry of the
80Department of Agriculture and Consumer Services appointed by the
81division director.
82     (c)  One member from the Bureau of Emergency Medical
83Services of the Department of Health, appointed by the bureau
84chief.
85     (3)  For the purpose of this section, the term "fire
86protection agency" shall be defined by rule by the Division of
87State Fire Marshal.
88     Section 2.  Section 633.171, Florida Statutes, is amended
89to read:
90     633.171  Penalty for violation of law, rule, or order to
91cease and desist or for failure to comply with corrective
92order.--
93     (1)  Any person who violates The violation of any provision
94of this law, or any order or rule of the State Fire Marshal, or
95any order to cease and desist or to correct conditions issued
96under this chapter commits hereunder, shall constitute a
97misdemeanor of the second degree, punishable as provided in s.
98775.082 or s. 775.083.
99     (2)  It is shall constitute a misdemeanor of the first
100degree, punishable as provided in s. 775.082 or s. 775.083, to
101intentionally or willfully:
102     (a)  Render a fire extinguisher or preengineered system
103required by statute or by rule inoperative except during such
104time as the extinguisher or preengineered system is being
105serviced, hydrotested, tested, repaired, or recharged, except
106pursuant to court order.
107     (b)  Obliterate the serial number on a fire extinguisher
108for purposes of falsifying service records.
109     (c)  Improperly service, recharge, repair, hydrotest, test,
110or 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
113permit number.
114     (f)  Use, or permit the use of, any license by any
115individual or organization other than the one to whom the
116license is issued.
117     (3)(a)  A person who initiates a pyrotechnic display in an
118indoor facility that does not have a fire suppression system
119installed in compliance with s. 633.065 commits a felony of the
120third degree, punishable as provided in s. 775.082, s. 775.083,
121or s. 775.084.
122     (b)  A person who initiates a pyrotechnic display in an
123indoor facility without the written consent of the owner or
124operator of the indoor facility and without a permit issued by
125the local authority having jurisdiction commits a felony of the
126third degree, punishable as provided in s. 775.082, s. 775.083,
127or s. 775.084.
128     (c)  This subsection does not apply to the manufacture,
129distribution, sale at wholesale or retail, or seasonal sale of
130products regulated under chapter 791 if the products are not
131used in an indoor facility.
132     Section 3.  Subsection (2) of section 633.821, Florida
133Statutes, is amended, and subsection (6) is added to said
134section, to read:
135     633.821  Workplace safety.--
136     (2)  The division shall have the authority to adopt rules
137for the purpose of ensuring safe working conditions for all
138firefighter employees by authorizing the enforcement of
139effective standards, by assisting and encouraging firefighter
140employers to maintain safe working conditions, and by providing
141for education and training in the field of safety. Specifically,
142the division may by rule adopt all or any part of subparts C
143through T and subpart Z of 29 C.F.R. s. 1910, as revised April
1448, 1998; the National Fire Protection Association, Inc.,
145Standard 1500, paragraph 5-7 (Personal Alert Safety System)
146(1992 edition); the National Fire Protection Association, Inc.,
147Publication 1403, Standard on Live Fire Training Evolutions
148(latest edition), as limited by subsection (6); and ANSI A 10.4-
1491990.
150     (6)(a)  The division shall adopt rules for live fire
151training that all firefighters subject to this chapter must
152complete. The division shall also adopt rules for a training and
153certification 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
156Fire Protection Association, Inc., Publication 1402, Guide to
157Building Fire Service Training Centers, relating to establishing
158policies and procedures for effective use of such permanent
159facilities or structures.
160     2.  Sections of the most current edition of the National
161Fire Protection Association, Inc., Publication 1403, Standard on
162Live Fire Training Evolutions, excluding, however:
163     a.  Any chapter entitled "Referenced Publications."


CODING: Words stricken are deletions; words underlined are additions.