Senate Bill sb0108c1

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    Florida Senate - 2005                            CS for SB 108

    By the Committee on Criminal Justice; and Senator Constantine





    591-1739-05

  1                      A bill to be entitled

  2         An act relating to fire prevention and control;

  3         creating s. 633.115, F.S.; creating the Fire

  4         and Emergency Incident Information Program in

  5         the Division of State Fire Marshal of the

  6         Department of Financial Services; providing

  7         powers and duties of the program; providing for

  8         the adoption of rules; creating a Fire and

  9         Emergency Incident Information System Technical

10         Advisory Panel in the division; providing for

11         membership and duties; providing a definition;

12         amending s. 633.171, F.S.; establishing

13         penalties for the unauthorized use of fireworks

14         or pyrotechnic devices in a structure;

15         providing that the penalties do not apply to

16         the manufacture, distribution, or sale of

17         fireworks; amending s. 633.821, F.S.;

18         authorizing the Division of State Fire Marshal

19         to adopt additional national fire standards to

20         ensure safe working conditions for

21         firefighters; directing the division to adopt

22         rules for live fire training and for a training

23         and certification process for

24         live-fire-training instructors; providing the

25         contents of the training rules; requiring the

26         live-fire-training rules to take effect by a

27         specified date; requiring each

28         live-fire-training instructor to be

29         state-certified; directing that all live fire

30         training commenced on and after a certain date,

31         be conducted by a certified live-fire-training

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    Florida Senate - 2005                            CS for SB 108
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 1         instructor; providing an exception; amending s.

 2         932.7055, F.S.; providing that proceeds from

 3         the sale of forfeited property seized by the

 4         Division of State Fire Marshal in the

 5         Department of Financial Services under the

 6         Florida Contraband Forfeiture Act be deposited

 7         into the Insurance Regulatory Trust Fund and

 8         used for specified purposes; providing an

 9         effective date.

10  

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

12  

13         Section 1.  Section 633.115, Florida Statutes, is

14  created to read:

15         633.115  Fire and Emergency Incident Information

16  Reporting Program; duties; fire reports.--

17         (1)  There is created the Fire and Emergency Incident

18  Information Reporting Program within the Division of State

19  Fire Marshal. The program shall:

20         (a)  Establish and maintain an electronic communication

21  system capable of transmitting fire and emergency incident

22  information to and between fire protection agencies.

23         (b)  Initiate a fire and emergency incident information

24  reporting system that shall be responsible for:

25         1.  Receiving fire and emergency incident information

26  from fire protection agencies.

27         2.  Preparing and disseminating annual reports to the

28  Governor, the Legislature, fire protection agencies, and, upon

29  request, the public. Each report must include, but need not be

30  limited to, the information listed in the National Fire

31  Incident Reporting System.

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    Florida Senate - 2005                            CS for SB 108
    591-1739-05




 1         3.  Upon request, providing other states and federal

 2  agencies with state fire and emergency incident data.

 3         (c)  Adopt rules to effectively and efficiently

 4  implement, administer, manage, maintain, and use the Fire and

 5  Emergency Incident Information Program. The rules shall be

 6  minimum requirements and do not preclude a fire protection

 7  agency from implementing its own requirements that are not in

 8  conflict with the rules of the Division of State Fire Marshal.

 9         (d)  By rule, establish procedures and a format for

10  each fire protection agency to voluntarily monitor its records

11  and submit reports to the program.

12         (e)  Establish an electronic information database that

13  is accessible and searchable by fire protection agencies.

14  

15  The Division of State Fire Marshal shall consult with the

16  Division of Forestry of the Department of Agriculture and

17  Consumer Services and the Bureau of Emergency Medical Services

18  of the Department of Health to coordinate data, ensure

19  accuracy of the data, and limit duplication of efforts in data

20  collection, analysis, and reporting.

21         (2)  There is created within the Division of State Fire

22  Marshal the Fire and Emergency Incident Information System

23  Technical Advisory Panel. The panel shall advise, review, and

24  make recommendations to the State Fire Marshal regarding the

25  requirements of this section.

26         (a)  The membership of the technical advisory panel

27  shall consist of the following 15 members:

28         1.  The current 13 members of the Firefighters

29  Employment, Standards, and Training Council, established in s.

30  633.31;

31  

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    Florida Senate - 2005                            CS for SB 108
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 1         2.  One member from the Division of Forestry, appointed

 2  by the division director; and

 3         3.  One member from the Bureau of Emergency Medical

 4  Services, appointed by the bureau chief.

 5         (3)  As used in this section, the term "fire protection

 6  agency" shall be defined by rule of the Division of State Fire

 7  Marshal.

 8         Section 2.  Section 633.171, Florida Statutes, is

 9  amended to read:

10         633.171  Penalty for violation of law, rule, or order

11  to cease and desist or for failure to comply with corrective

12  order.--

13         (1)  A person who violates The violation of any

14  provision of this law, or any order or rule of the State Fire

15  Marshal, or any order to cease and desist or to correct

16  conditions issued under this chapter commits hereunder, shall

17  constitute a misdemeanor of the second degree, punishable as

18  provided in s. 775.082 or s. 775.083.

19         (2)  It is shall constitute a misdemeanor of the first

20  degree, punishable as provided in s. 775.082 or s. 775.083, to

21  intentionally or willfully:

22         (a)  Render a fire extinguisher or preengineered system

23  required by statute or by rule inoperative except during such

24  time as the extinguisher or preengineered system is being

25  serviced, hydrotested, tested, repaired, or recharged, except

26  pursuant to court order.

27         (b)  Obliterate the serial number on a fire

28  extinguisher for purposes of falsifying service records.

29         (c)  Improperly service, recharge, repair, hydrotest,

30  test, or inspect a fire extinguisher or preengineered system.

31  

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    Florida Senate - 2005                            CS for SB 108
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 1         (d)  Use the license or permit number of another

 2  person.

 3         (e)  Hold a permit and allow another person to use the

 4  said permit number.

 5         (f)  Use, or permit the use of, any license by any

 6  individual or organization other than the one to whom the

 7  license is issued.

 8         (3)(a)  As used in this subsection, the term:

 9         1.  "Pyrotechnic display" means a special effect

10  created through the use of a pyrotechnic material or

11  pyrotechnic device.

12         2.  "Pyrotechnic device" means any device containing

13  pyrotechnic materials and capable of producing a special

14  effect.

15         3.  "Pyrotechnic material" means a chemical mixture

16  used to produce visible or audible effects by combustion,

17  deflagration, or detonation when such chemical mixture

18  consists predominantly of solids capable of producing a

19  controlled, self-sustaining, and self-contained exothermic

20  chemical reaction that results in heat, gas, sound, light, or

21  a combination of such effects, without requiring external

22  oxygen.

23         (b)  A person who initiates a pyrotechnic display in a

24  structure that does not have a fire protection system

25  installed according to the Florida Fire Prevention Code and

26  National Fire Protection Association Standard 13 commits a

27  felony of the third degree, punishable as provided in s.

28  775.082, s. 775.083, or s. 775.084.

29         (c)  A person who initiates a pyrotechnic display in a

30  structure without the written consent of the owner or operator

31  of the structure and without a permit issued by the local

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    Florida Senate - 2005                            CS for SB 108
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 1  authority having jurisdiction commits a felony of the third

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

 3  s. 775.084.

 4         (d)  This subsection does not apply to the manufacture,

 5  distribution, sale at wholesale or retail, or seasonal sale of

 6  products regulated under chapter 791 if the products are not

 7  used in a structure.

 8         Section 3.  Subsection (2) of section 633.821, Florida

 9  Statutes, is amended, and subsection (6) is added to that

10  section, to read:

11         633.821  Workplace safety.--

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

13  rules for the purpose of ensuring safe working conditions for

14  all firefighter employees by authorizing the enforcement of

15  effective standards, by assisting and encouraging firefighter

16  employers to maintain safe working conditions, and by

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

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

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

20  revised April 8, 1998; the National Fire Protection

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

22  Alert Safety System) (1992 edition); the latest edition of the

23  National Fire Protection Association Inc., Publication 1403,

24  Standard on Live Fire Training Evolutions, as limited by

25  subsection (6); and ANSI A 10.4-1990.

26         (6)(a)  The division shall adopt rules for live fire

27  training that all firefighters subject to this chapter must

28  complete. The division shall also adopt rules for a training

29  and certification process for live-fire-training instructors.

30         (b)  The rules for training must include:

31  

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    Florida Senate - 2005                            CS for SB 108
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 1         1.  Sections of the most current edition of National

 2  Fire Protection Association, Inc., Publication 1402, Guide to

 3  Building Fire Service Training Centers, relating to

 4  establishing policies and procedures for the effective use of

 5  permanent facilities or structures.

 6         2.  Sections of the most current edition of National

 7  Fire Protection Association, Inc., Publication 1403, Standard

 8  on Live Fire Training Evolutions, excluding, however:

 9         a.  Any chapter entitled "Referenced Publications";

10         b.  References to the National Fire Protection

11  Association, Inc., Publication 1975, Station Uniform;

12         c.  The National Fire Protection Association, Inc.,

13  Publication 1001, or any reference to this publication in the

14  National Fire Protection Association, Inc., Publication 1975;

15  and

16         d.  Any reference to an authority having jurisdiction

17  in National Fire Protection Association, Inc., Publication

18  1403, defined as the organization, office, or individual

19  responsible for approving equipment, materials, and

20  installation, or procedures.

21         3.  A 40-hour training program for live-fire-training

22  instructors which includes:

23         a.  Live fire instructional techniques;

24         b.  Training safety in acquired or permanent facilities

25  or props;

26         c.  Personnel safety; and

27         d.  Exterior props, including, but not limited to,

28  liquid petroleum gas, other liquid fuels, and similar props.

29         (c)  The rules, excluding those pertaining to the

30  certification of live-fire-training instructors, shall take

31  effect no later than January 1, 2006.

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    Florida Senate - 2005                            CS for SB 108
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 1         (d)  Each live-fire-training instructor must be

 2  state-certified. All live fire training commenced on and after

 3  January 1, 2007, must be conducted by a certified

 4  live-fire-training instructor.

 5         (e)  This subsection does not apply to wildland or

 6  prescribed live-fire training sanctioned by the Division of

 7  Forestry within the Department of Agriculture and Consumer

 8  Services or the National Wildfire Coordinating Group.

 9         Section 4.  Paragraph (m) is added to subsection (6) of

10  section 932.7055, Florida Statutes, to read:

11         932.7055  Disposition of liens and forfeited

12  property.--

13         (6)  If the seizing agency is a state agency, all

14  remaining proceeds shall be deposited into the General Revenue

15  Fund.  However, if the seizing agency is:

16         (m)  The Division of State Fire Marshal in the

17  Department of Financial Services, the proceeds accrued under

18  the Florida Contraband Forfeiture Act shall be deposited into

19  the Insurance Regulatory Trust Fund to be used for the

20  purposes of arson suppression, arson investigation, and the

21  funding of antiarson rewards.

22         Section 5.  This act shall take effect upon becoming a

23  law.

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    Florida Senate - 2005                            CS for SB 108
    591-1739-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 108

 3                                 

 4  -    Defines "pyrotechnic display," "pyrotechnic material,"
         and "pyrotechnic device."
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    -    Provides that the substantive offenses relating to
 6       pyrotechnic displays relate to certain pyrotechnic
         displays in a "structure."
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    -    Clarifies that the new requirement that the State Fire
 8       Marshal adopt rules for live fire training for
         firefighters and for a certification program for live
 9       fire training instructors, including adopting specified
         standards, does not apply to live-fire-training exercises
10       by the Florida Division of Forestry or the National
         Wildfire Coordinating Group.
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