Senate Bill sb0108c1
CODING: Words stricken are deletions; words underlined are additions.
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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 108
591-1739-05
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.
2
CODING: Words stricken are deletions; words underlined are additions.
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
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 108
591-1739-05
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
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 108
591-1739-05
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
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 108
591-1739-05
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
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 108
591-1739-05
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.
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 108
591-1739-05
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.
24
25
26
27
28
29
30
31
8
CODING: Words stricken are deletions; words underlined are additions.
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."
5
- Provides that the substantive offenses relating to
6 pyrotechnic displays relate to certain pyrotechnic
displays in a "structure."
7
- 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.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
9
CODING: Words stricken are deletions; words underlined are additions.