Florida Senate - 2005 SENATOR AMENDMENT
Bill No. CS for CS for CS for CS for SB 442
Barcode 534406
CHAMBER ACTION
Senate House
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 80, line 29, delete that line
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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.
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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:
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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.
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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
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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.
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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
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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.
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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
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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.
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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.
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