Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for CS for SB 442
                        Barcode 534406
                            CHAMBER ACTION
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       05/02/2005 03:41 PM         .                    
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11  Senator Bennett moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 80, line 29, delete that line
15  
16  and insert:  
17         Section 47.  Effective upon this act becoming a law,
18  section 633.115, Florida Statutes, is created to read:
19         633.115  Fire and Emergency Incident Information
20  Reporting Program; duties; fire reports.--
21         (1)  There is created the Fire and Emergency Incident
22  Information Reporting Program within the Division of State
23  Fire Marshal. The program shall:
24         (a)  Establish and maintain an electronic communication
25  system capable of transmitting fire and emergency incident
26  information to and between fire protection agencies.
27         (b)  Initiate a fire and emergency incident information
28  reporting system that shall be responsible for:
29         1.  Receiving fire and emergency incident information
30  from fire protection agencies.
31         2.  Preparing and disseminating annual reports to the
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Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for CS for SB 442 Barcode 534406 1 Governor, the Legislature, fire protection agencies, and, upon 2 request, the public. Each report must include, but need not be 3 limited to, the information listed in the National Fire 4 Incident Reporting System. 5 3. Upon request, providing other states and federal 6 agencies with state fire and emergency incident data. 7 (c) Adopt rules to effectively and efficiently 8 implement, administer, manage, maintain, and use the Fire and 9 Emergency Incident Information Program. The rules shall be 10 minimum requirements and do not preclude a fire protection 11 agency from implementing its own requirements that are not in 12 conflict with the rules of the Division of State Fire Marshal. 13 (d) By rule, establish procedures and a format for 14 each fire protection agency to voluntarily monitor its records 15 and submit reports to the program. 16 (e) Establish an electronic information database that 17 is accessible and searchable by fire protection agencies. 18 19 The Division of State Fire Marshal shall consult with the 20 Division of Forestry of the Department of Agriculture and 21 Consumer Services and the Bureau of Emergency Medical Services 22 of the Department of Health to coordinate data, ensure 23 accuracy of the data, and limit duplication of efforts in data 24 collection, analysis, and reporting. 25 (2) There is created within the Division of State Fire 26 Marshal the Fire and Emergency Incident Information System 27 Technical Advisory Panel. The panel shall advise, review, and 28 make recommendations to the State Fire Marshal regarding the 29 requirements of this section. 30 (a) The membership of the technical advisory panel 31 shall consist of the following 15 members: 2 4:33 PM 04/29/05 s0442c4c-21-t02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for CS for SB 442 Barcode 534406 1 1. The current 13 members of the Firefighters 2 Employment, Standards, and Training Council, established in s. 3 633.31; 4 2. One member from the Division of Forestry, appointed 5 by the division director; and 6 3. One member from the Bureau of Emergency Medical 7 Services, appointed by the bureau chief. 8 (3) As used in this section, the term "fire protection 9 agency" shall be defined by rule of the Division of State Fire 10 Marshal. 11 Section 48. Effective upon this act becoming a law, 12 section 633.171, Florida Statutes, is amended to read: 13 633.171 Penalty for violation of law, rule, or order 14 to cease and desist or for failure to comply with corrective 15 order.-- 16 (1) A person who violates The violation of any 17 provision of this law, or any order or rule of the State Fire 18 Marshal, or any order to cease and desist or to correct 19 conditions issued under this chapter commits hereunder, shall 20 constitute a misdemeanor of the second degree, punishable as 21 provided in s. 775.082 or s. 775.083. 22 (2) It is shall constitute a misdemeanor of the first 23 degree, punishable as provided in s. 775.082 or s. 775.083, to 24 intentionally or willfully: 25 (a) Render a fire extinguisher or preengineered system 26 required by statute or by rule inoperative except during such 27 time as the extinguisher or preengineered system is being 28 serviced, hydrotested, tested, repaired, or recharged, except 29 pursuant to court order. 30 (b) Obliterate the serial number on a fire 31 extinguisher for purposes of falsifying service records. 3 4:33 PM 04/29/05 s0442c4c-21-t02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for CS for SB 442 Barcode 534406 1 (c) Improperly service, recharge, repair, hydrotest, 2 test, or inspect a fire extinguisher or preengineered system. 3 (d) Use the license or permit number of another 4 person. 5 (e) Hold a permit and allow another person to use the 6 said permit number. 7 (f) Use, or permit the use of, any license by any 8 individual or organization other than the one to whom the 9 license is issued. 10 (3)(a) As used in this subsection, the term: 11 1. "Pyrotechnic display" means a special effect 12 created through the use of a pyrotechnic material or 13 pyrotechnic device. 14 2. "Pyrotechnic device" means any device containing 15 pyrotechnic materials and capable of producing a special 16 effect. 17 3. "Pyrotechnic material" means a chemical mixture 18 used to produce visible or audible effects by combustion, 19 deflagration, or detonation when such chemical mixture 20 consists predominantly of solids capable of producing a 21 controlled, self-sustaining, and self-contained exothermic 22 chemical reaction that results in heat, gas, sound, light, or 23 a combination of such effects, without requiring external 24 oxygen. 25 (b) A person who initiates a pyrotechnic display in a 26 structure that does not have a fire protection system 27 installed according to the Florida Fire Prevention Code and 28 National Fire Protection Association Standard 13 commits a 29 felony of the third degree, punishable as provided in s. 30 775.082, s. 775.083, or s. 775.084. 31 (c) A person who initiates a pyrotechnic display in a 4 4:33 PM 04/29/05 s0442c4c-21-t02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for CS for SB 442 Barcode 534406 1 structure without the written consent of the owner or operator 2 of the structure and without a permit issued by the local 3 authority having jurisdiction commits a felony of the third 4 degree, punishable as provided in s. 775.082, s. 775.083, or 5 s. 775.084. 6 (d) This subsection does not apply to the manufacture, 7 distribution, sale at wholesale or retail, or seasonal sale of 8 products regulated under chapter 791 if the products are not 9 used in a structure. 10 Section 49. Effective upon this act becoming a law, 11 subsection (2) of section 633.821, Florida Statutes, is 12 amended, and subsection (6) is added to that section, to read: 13 633.821 Workplace safety.-- 14 (2) The division shall have the authority to adopt 15 rules for the purpose of ensuring safe working conditions for 16 all firefighter employees by authorizing the enforcement of 17 effective standards, by assisting and encouraging firefighter 18 employers to maintain safe working conditions, and by 19 providing for education and training in the field of safety. 20 Specifically, the division may by rule adopt all or any part 21 of subparts C through T and subpart Z of 29 C.F.R. s. 1910, as 22 revised April 8, 1998; the National Fire Protection 23 Association, Inc., Standard 1500, paragraph 5-7 (Personal 24 Alert Safety System) (1992 edition); the latest edition of the 25 National Fire Protection Association Inc., Publication 1403, 26 Standard on Live Fire Training Evolutions, as limited by 27 subsection (6); and ANSI A 10.4-1990. 28 (6)(a) The division shall adopt rules for live fire 29 training that all firefighters subject to this chapter must 30 complete. The division shall also adopt rules for a training 31 and certification process for live-fire-training instructors. 5 4:33 PM 04/29/05 s0442c4c-21-t02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for CS for SB 442 Barcode 534406 1 (b) The rules for training must include: 2 1. Sections of the most current edition of National 3 Fire Protection Association, Inc., Publication 1402, Guide to 4 Building Fire Service Training Centers, relating to 5 establishing policies and procedures for the effective use of 6 permanent facilities or structures. 7 2. Sections of the most current edition of National 8 Fire Protection Association, Inc., Publication 1403, Standard 9 on Live Fire Training Evolutions, excluding, however: 10 a. Any chapter entitled "Referenced Publications"; 11 b. References to the National Fire Protection 12 Association, Inc., Publication 1975, Station Uniform; 13 c. The National Fire Protection Association, Inc., 14 Publication 1001, or any reference to this publication in the 15 National Fire Protection Association, Inc., Publication 1975; 16 and 17 d. Any reference to an authority having jurisdiction 18 in National Fire Protection Association, Inc., Publication 19 1403, defined as the organization, office, or individual 20 responsible for approving equipment, materials, and 21 installation, or procedures. 22 3. A 40-hour training program for live-fire-training 23 instructors which includes: 24 a. Live fire instructional techniques; 25 b. Training safety in acquired or permanent facilities 26 or props; 27 c. Personnel safety; and 28 d. Exterior props, including, but not limited to, 29 liquid petroleum gas, other liquid fuels, and similar props. 30 (c) The rules, excluding those pertaining to the 31 certification of live-fire-training instructors, shall take 6 4:33 PM 04/29/05 s0442c4c-21-t02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for CS for SB 442 Barcode 534406 1 effect no later than January 1, 2006. 2 (d) Each live-fire-training instructor must be 3 state-certified. All live fire training commenced on and after 4 January 1, 2007, must be conducted by a certified 5 live-fire-training instructor. 6 (e) This subsection does not apply to wildland or 7 prescribed live-fire training sanctioned by the Division of 8 Forestry within the Department of Agriculture and Consumer 9 Services or the National Wildfire Coordinating Group. 10 Section 50. Effective upon this act becoming a law, 11 paragraph (m) is added to subsection (6) of section 932.7055, 12 Florida Statutes, to read: 13 932.7055 Disposition of liens and forfeited 14 property.-- 15 (6) If the seizing agency is a state agency, all 16 remaining proceeds shall be deposited into the General Revenue 17 Fund. However, if the seizing agency is: 18 (m) The Division of State Fire Marshal in the 19 Department of Financial Services, the proceeds accrued under 20 the Florida Contraband Forfeiture Act shall be deposited into 21 the Insurance Regulatory Trust Fund to be used for the 22 purposes of arson suppression, arson investigation, and the 23 funding of antiarson rewards. 24 Section 51. Except as otherwise expressly provided in 25 this act and except for this section, which shall take effect 26 upon becoming a law, this act shall take effect July 1, 2005. 27 28 29 ================ T I T L E A M E N D M E N T =============== 30 And the title is amended as follows: 31 On page 7, lines 29 through 31, delete those lines 7 4:33 PM 04/29/05 s0442c4c-21-t02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for CS for SB 442 Barcode 534406 1 and insert: 2 single validation entity; creating s. 633.115, 3 F.S.; creating the Fire and Emergency Incident 4 Information Program in the Division of State 5 Fire Marshal of the Department of Financial 6 Services; providing powers and duties of the 7 program; providing for the adoption of rules; 8 creating a Fire and Emergency Incident 9 Information System Technical Advisory Panel in 10 the division; providing for membership and 11 duties; providing a definition; amending s. 12 633.171, F.S.; establishing penalties for the 13 unauthorized use of fireworks or pyrotechnic 14 devices in a structure; providing that the 15 penalties do not apply to the manufacture, 16 distribution, or sale of fireworks; amending s. 17 633.821, F.S.; authorizing the Division of 18 State Fire Marshal to adopt additional national 19 fire standards to ensure safe working 20 conditions for firefighters; directing the 21 division to adopt rules for live fire training 22 and for a training and certification process 23 for live-fire-training instructors; providing 24 the contents of the training rules; requiring 25 the live-fire-training rules to take effect by 26 a specified date; requiring each 27 live-fire-training instructor to be 28 state-certified; directing that all live fire 29 training commenced on and after a certain date 30 be conducted by a certified live-fire-training 31 instructor; providing an exception; amending s. 8 4:33 PM 04/29/05 s0442c4c-21-t02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for CS for SB 442 Barcode 534406 1 932.7055, F.S.; providing that proceeds from 2 the sale of forfeited property seized by the 3 Division of State Fire Marshal in the 4 Department of Financial Services under the 5 Florida Contraband Forfeiture Act be deposited 6 into the Insurance Regulatory Trust Fund and 7 used for specified purposes; providing 8 effective dates. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 4:33 PM 04/29/05 s0442c4c-21-t02