Amendment
Bill No. 0041
Amendment No. 056659
CHAMBER ACTION
Senate House
.
.
.






1Representative(s) Quinones offered the following:
2
3     Amendment (with title amendment)
4     Remove line 28 and insert:
5     Section 2.  Effective upon this act becoming a law, section
6633.115, Florida Statutes, is created to read:
7     633.115  Fire and Emergency Incident Information Reporting
8Program; duties; fire reports.--
9     (1)(a)  The Fire and Emergency Incident Information
10Reporting Program is created within the Division of State Fire
11Marshal. The program shall:
12     1.  Establish and maintain an electronic communication
13system capable of transmitting fire and emergency incident
14information to and between fire protection agencies.
15     2.  Initiate a Fire and Emergency Incident Information
16Reporting System that shall be responsible for:
17     a.  Receiving fire and emergency incident information from
18fire protection agencies.
19     b.  Preparing and disseminating annual reports to the
20Governor, the President of the Senate, the Speaker of the House
21of Representatives, fire protection agencies, and, upon request,
22the public. Each report shall include, but not be limited to,
23the information listed in the National Fire Incident Reporting
24System.
25     c.  Upon request, providing other states and federal
26agencies with fire and emergency incident data of this state.
27     3.  Adopt rules to effectively and efficiently implement,
28administer, manage, maintain, and use the Fire and Emergency
29Incident Information Reporting Program. The rules shall be
30considered minimum requirements and shall not preclude a fire
31protection agency from implementing its own requirements which
32shall not conflict with the rules of the Division of State Fire
33Marshal.
34     4.  By rule, establish procedures and a format for each
35fire protection agency to voluntarily monitor its records and
36submit reports to the program.
37     5.  Establish an electronic information database which is
38accessible and searchable by fire protection agencies.
39     (b)  The Division of State Fire Marshal shall consult with
40the Division of Forestry of the Department of Agriculture and
41Consumer Services and the Bureau of Emergency Medical Services
42of the Department of Health to coordinate data, ensure accuracy
43of the data, and limit duplication of efforts in data
44collection, analysis, and reporting.
45     (2)  The Fire and Emergency Incident Information System
46Technical Advisory Panel is created within the Division of State
47Fire Marshal. The panel shall advise, review, and recommend to
48the State Fire Marshal with respect to the requirements of this
49section. The membership of the panel shall consist of the
50following 15 members:
51     (a)  The current 13 members of the Firefighters Employment,
52Standards, and Training Council as established in s. 633.31.
53     (b)  One member from the Division of Forestry of the
54Department of Agriculture and Consumer Services, appointed by
55the division director.
56     (c)  One member from the Bureau of Emergency Medical
57Services of the Department of Health, appointed by the bureau
58chief.
59     (3)  For the purpose of this section, the term "fire
60protection agency" shall be defined by rule by the Division of
61State Fire Marshal.
62     Section 3.  Effective upon this act becoming a law, section
63633.171, Florida Statutes, is amended to read:
64     633.171  Penalty for violation of law, rule, or order to
65cease and desist or for failure to comply with corrective
66order.--
67     (1)  Any person who violates The violation of any provision
68of this law, or any order or rule of the State Fire Marshal, or
69any order to cease and desist or to correct conditions issued
70under this chapter commits hereunder, shall constitute a
71misdemeanor of the second degree, punishable as provided in s.
72775.082 or s. 775.083.
73     (2)  It is shall constitute a misdemeanor of the first
74degree, punishable as provided in s. 775.082 or s. 775.083, to
75intentionally or willfully:
76     (a)  Render a fire extinguisher or preengineered system
77required by statute or by rule inoperative except during such
78time as the extinguisher or preengineered system is being
79serviced, hydrotested, tested, repaired, or recharged, except
80pursuant to court order.
81     (b)  Obliterate the serial number on a fire extinguisher
82for purposes of falsifying service records.
83     (c)  Improperly service, recharge, repair, hydrotest, test,
84or inspect a fire extinguisher or preengineered system.
85     (d)  Use the license or permit number of another person.
86     (e)  Hold a permit and allow another person to use said
87permit number.
88     (f)  Use, or permit the use of, any license by any
89individual or organization other than the one to whom the
90license is issued.
91     (3)(a)  As used in this subsection, the term:
92     1.  "Pyrotechnic display" means a special effect created
93through the use of a pyrotechnic material or pyrotechnic device.
94     2.  "Pyrotechnic device" means any device containing
95pyrotechnic materials and capable of producing a special effect.
96     3.  "Pyrotechnic material" means a chemical mixture used to
97produce visible or audible effects by combustion, deflagration,
98or detonation when such chemical mixture consists predominantly
99of solids capable of producing a controlled, self-sustaining,
100and self-contained exothermic chemical reaction that results in
101heat, gas, sound, light, or a combination of such effects,
102without requiring external oxygen.
103     (b)  A person who initiates a pyrotechnic display within
104any structure commits a felony of the third degree, punishable
105as provided in s. 775.082, s. 775.083, or s. 775.084, unless:
106     1.  The structure has a fire protection system installed in
107compliance with s. 633.065.
108     2.  The owner of the structure has authorized in writing
109the pyrotechnic display.
110     3.  If the local jurisdiction requires a permit for the use
111of a pyrotechnic display in an occupied structure, such permit
112has been obtained and all conditions of the permit complied with
113or, if the local jurisdiction does not require a permit for the
114use of a pyrotechnic display in an occupied structure, the
115person initiating the display has complied with National Fire
116Protection Association, Inc., Standard 1126, 2001 Edition,
117Standard for the Use of Pyrotechnics before a Proximate
118Audience.
119     (c)  This subsection shall not be construed to preclude
120prosecution for a more general offense resulting from the same
121criminal transaction or episode. This subsection does not apply
122to the manufacture, distribution, sale at wholesale or retail,
123or seasonal sale of products regulated under chapter 791 if the
124products are not used in an occupied structure.
125     Section 4.  Effective upon this act becoming a law,
126subsection (2) of section 633.821, Florida Statutes, is amended,
127and subsection (6) is added to said section, to read:
128     633.821  Workplace safety.--
129     (2)  The division shall have the authority to adopt rules
130for the purpose of ensuring safe working conditions for all
131firefighter employees by authorizing the enforcement of
132effective standards, by assisting and encouraging firefighter
133employers to maintain safe working conditions, and by providing
134for education and training in the field of safety. Specifically,
135the division may by rule adopt all or any part of subparts C
136through T and subpart Z of 29 C.F.R. s. 1910, as revised April
1378, 1998; the National Fire Protection Association, Inc.,
138Standard 1500, paragraph 5-7 (Personal Alert Safety System)
139(1992 edition); the National Fire Protection Association, Inc.,
140Publication 1403, Standard on Live Fire Training Evolutions
141(latest edition), as limited by subsection (6); and ANSI A 10.4-
1421990.
143     (6)(a)  The division shall adopt rules for live fire
144training that all firefighters subject to this chapter must
145complete. The division shall also adopt rules for a training and
146certification process for live fire training instructors.
147     (b)  Such rules for training shall include:
148     1.  Sections of the most current edition of the National
149Fire Protection Association, Inc., Publication 1402, Guide to
150Building Fire Service Training Centers, relating to establishing
151policies and procedures for effective use of such permanent
152facilities or structures.
153     2.  Sections of the most current edition of the National
154Fire Protection Association, Inc., Publication 1403, Standard on
155Live Fire Training Evolutions, excluding, however:
156     a.  Any chapter entitled "Referenced Publications."
157     b.  References to the National Fire Protection Association,
158Inc., Publication 1975, Station Uniform.
159     c.  The National Fire Protection Association, Inc.,
160Publication 1001, or any references to such publication in the
161National Fire Protection Association, Inc., Publication 1975.
162     d.  Any reference to an authority having jurisdiction in
163the National Fire Protection Association, Inc., publication
1641403, defined as the organization, office, or individual
165responsible for approving equipment, materials, installations,
166and procedures.
167     3.  A 40-hour training program for live fire training
168instructors, including:
169     a.  Live fire instructional techniques.
170     b.  Training safety in acquired or permanent facilities or
171props.
172     c.  Personnel safety.
173     d.  Exterior props, including, but not limited to, liquid
174petroleum gas, other liquid fuels, and similar props.
175     (c)  The rules, excluding those pertaining to live fire
176training instructor certification, shall take effect no later
177than January 1, 2006.
178     (d)  Each live fire training instructor is required to be
179state certified. All live fire training commenced on and after
180January 1, 2007, must be conducted by a certified live fire
181training instructor.
182     (e)  This subsection does not apply to wildland or
183prescribed live-fire training exercises sanctioned by the
184Division of Forestry of the Department of Agriculture and
185Consumer Services or the National Wildfire Coordinating Group.
186     Section 5.  Effective upon this act becoming a law,
187paragraph (m) is added to subsection (6) of section 932.7055,
188Florida Statutes, to read:
189     932.7055  Disposition of liens and forfeited property.--
190     (6)  If the seizing agency is a state agency, all remaining
191proceeds shall be deposited into the General Revenue Fund.
192However, if the seizing agency is:
193     (m)  The Division of State Fire Marshal in the Department
194of Financial Services, the proceeds accrued under the Florida
195Contraband Forfeiture Act shall be deposited into the Insurance
196Regulatory Trust Fund to be used for the purposes of arson
197suppression, arson investigation, and the funding of antiarson
198rewards.
199     Section 6.  Except as otherwise provided herein, this act
200shall take effect October 1, 2005.
201
202================ T I T L E  A M E N D M E N T =============
203     Remove lines 2-7 and insert:
204An act relating to fire prevention and control; amending
205s. 633.702, F.S.; providing a criminal penalty for
206intentionally or willfully installing, servicing, testing,
207repairing, improving, or inspecting a fire alarm system
208unless authorized by part II of ch. 489; providing
209exemptions; creating s. 633.115, F.S.; creating the Fire
210and Emergency Incident Information Reporting Program
211within the Division of State Fire Marshal; providing
212program requirements; providing duties of the division
213relating to the program; creating the Fire and Emergency
214Incident Information System Technical Advisory Panel
215within the division; providing for membership and duties
216of the panel; requiring the division to adopt certain
217rules; amending s. 633.171, F.S.; providing definitions;
218providing criminal penalties for initiating a pyrotechnic
219display in certain structures under certain circumstances;
220providing exceptions; providing construction; providing
221application; amending s. 633.821, F.S.; providing
222additional criteria for certain rules of the Division of
223State Fire Marshal; requiring the division to adopt rules
224relating to live fire training; providing requirements;
225providing for such rules to take effect; requiring state
226certification as an instructor for certain training after
227a certain date; providing an exception from application to
228certain wildland or prescribed live-fire training
229exercises; amending s. 932.7055, F.S.; providing that
230proceeds from the sale of certain forfeited property be
231deposited into the Insurance Regulatory Trust Fund and
232used for specified purposes; providing effective dates.


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