HB 0069

1	A bill to be entitled
2	An act relating to fire prevention and control; creating
3	s. 633.115, F.S.; creating the Fire and Emergency Incident
4	Information Reporting Program within the Division of State
5	Fire Marshal; providing program requirements; providing
6	duties of the division relating to the program; creating
7	the Fire and Emergency Incident Information System
8	Technical Advisory Panel within the division; providing
9	for membership and duties of the panel; requiring the
10	division to adopt certain rules; amending s. 633.171,
11	F.S.; providing criminal penalties for initiating a
12	pyrotechnic display in an indoor facility under certain
13	circumstances; providing an exception; amending s.
14	633.821, F.S.; providing additional criteria for certain
15	rules of the Division of State Fire Marshal; requiring the
16	division to adopt rules relating to live fire training;
17	providing requirements; providing for such rules to take
18	effect; requiring state certification as an instructor for
19	certain training after a certain date; providing an
20	exception from application to certain wildland training;
21	amending s. 932.7055, F.S.; providing that proceeds from
22	the sale of certain forfeited property be deposited into
23	the Insurance Regulatory Trust Fund and used for specified
24	purposes; providing an effective date.
25
26	Be It Enacted by the Legislature of the State of Florida:
27
28	Section 1.  Section 633.115, Florida Statutes, is created
29	to read:
30	633.115  Fire and Emergency Incident Information Reporting
31	Program; duties; fire reports.--
32	(1)(a)  The Fire and Emergency Incident Information
33	Reporting Program is created within the Division of State Fire
34	Marshal. The program shall:
35	1.  Establish and maintain an electronic communication
36	system capable of transmitting fire and emergency incident
37	information to and between fire protection agencies.
38	2.  Initiate a Fire and Emergency Incident Information
39	Reporting System that shall be responsible for:
40	a.  Receiving fire and emergency incident information from
41	fire protection agencies.
42	b.  Preparing and disseminating annual reports to the
43	Governor, the President of the Senate, the Speaker of the House
44	of Representatives, fire protection agencies, and, upon request,
45	the public. Each report shall include, but not be limited to,
46	the information listed in the National Fire Incident Reporting
47	System.
48	c.  Upon request, providing other states and federal
49	agencies with fire and emergency incident data of this state.
50	3.  Adopt rules to effectively and efficiently implement,
51	administer, manage, maintain, and use the Fire and Emergency
52	Incident Information Reporting Program. The rules shall be
53	considered minimum requirements and shall not preclude a fire
54	protection agency from implementing its own requirements which
55	shall not conflict with the rules of the Division of State Fire
56	Marshal.
57	4.  By rule, establish procedures and a format for each
58	fire protection agency to voluntarily monitor its records and
59	submit reports to the program.
60	5.  Establish an electronic information database which is
61	accessible and searchable by fire protection agencies.
62	(b)  The Division of State Fire Marshal shall consult with
63	the Division of Forestry of the Department of Agriculture and
64	Consumer Services and the Bureau of Emergency Medical Services
65	of the Department of Health to coordinate data, ensure accuracy
66	of the data, and limit duplication of efforts in data
67	collection, analysis, and reporting.
68	(2)  The Fire and Emergency Incident Information System
69	Technical Advisory Panel is created within the Division of State
70	Fire Marshal. The panel shall advise, review, and recommend to
71	the State Fire Marshal with respect to the requirements of this
72	section. The membership of the panel shall consist of the
73	following 15 members:
74	(a)  The current 13 members of the Firefighters Employment,
75	Standards, and Training Council as established in s. 633.31.
76	(b)  One member from the Division of Forestry of the
77	Department of Agriculture and Consumer Services, appointed by
78	the division director.
79	(c)  One member from the Bureau of Emergency Medical
80	Services of the Department of Health, appointed by the bureau
81	chief.
82	(3)  For the purpose of this section, the term "fire
83	protection agency" shall be defined by rule by the Division of
84	State Fire Marshal.
85	Section 2.  Section 633.171, Florida Statutes, is amended
86	to read:
87	633.171  Penalty for violation of law, rule, or order to
88	cease and desist or for failure to comply with corrective
89	order.--
90	(1)  Any person who violates The violation of any provision
91	of this law, or any order or rule of the State Fire Marshal, or
92	any order to cease and desist or to correct conditions issued
93	under this chapter commits hereunder, shall constitute a
94	misdemeanor of the second degree, punishable as provided in s.
95	775.082 or s. 775.083.
96	(2)  It is shall constitute a misdemeanor of the first
97	degree, punishable as provided in s. 775.082 or s. 775.083, to
98	intentionally or willfully:
99	(a)  Render a fire extinguisher or preengineered system
100	required by statute or by rule inoperative except during such
101	time as the extinguisher or preengineered system is being
102	serviced, hydrotested, tested, repaired, or recharged, except
103	pursuant to court order.
104	(b)  Obliterate the serial number on a fire extinguisher
105	for purposes of falsifying service records.
106	(c)  Improperly service, recharge, repair, hydrotest, test,
107	or inspect a fire extinguisher or preengineered system.
108	(d)  Use the license or permit number of another person.
109	(e)  Hold a permit and allow another person to use said
110	permit number.
111	(f)  Use, or permit the use of, any license by any
112	individual or organization other than the one to whom the
113	license is issued.
114	(3)(a)  A person who initiates a pyrotechnic display in an
115	indoor facility that does not have a fire suppression system
116	installed in compliance with s. 633.065 commits a felony of the
117	third degree, punishable as provided in s. 775.082, s. 775.083,
118	or s. 775.084.
119	(b)  A person who initiates a pyrotechnic display in an
120	indoor facility without the written consent of the owner or
121	operator of the indoor facility and without a permit issued by
122	the local authority having jurisdiction commits a felony of the
123	third degree, punishable as provided in s. 775.082, s. 775.083,
124	or s. 775.084.
125	(c)  This subsection does not apply to the manufacture,
126	distribution, sale at wholesale or retail, or seasonal sale of
127	products regulated under chapter 791 if the products are not
128	used in an indoor facility.
129	Section 3.  Subsection (2) of section 633.821, Florida
130	Statutes, is amended, and subsection (6) is added to said
131	section, to read:
132	633.821  Workplace safety.--
133	(2)  The division shall have the authority to adopt rules
134	for the purpose of ensuring safe working conditions for all
135	firefighter employees by authorizing the enforcement of
136	effective standards, by assisting and encouraging firefighter
137	employers to maintain safe working conditions, and by providing
138	for education and training in the field of safety. Specifically,
139	the division may by rule adopt all or any part of subparts C
140	through T and subpart Z of 29 C.F.R. s. 1910, as revised April
141	8, 1998; the National Fire Protection Association, Inc.,
142	Standard 1500, paragraph 5-7 (Personal Alert Safety System)
143	(1992 edition); the National Fire Protection Association, Inc.,
144	Publication 1403, Standard on Live Fire Training Evolutions
145	(latest edition), as limited by subsection (6); and ANSI A 10.4-
146	1990.
147	(6)(a)  The division shall adopt rules for live fire
148	training that all firefighters subject to this chapter must
149	complete. The division shall also adopt rules for a training and
150	certification process for live fire training instructors.
151	(b)  Such rules for training shall include:
152	1.  Sections of the most current edition of the National
153	Fire Protection Association, Inc., Publication 1402, Guide to
154	Building Fire Service Training Centers, relating to establishing
155	policies and procedures for effective use of such permanent
156	facilities or structures.
157	2.  Sections of the most current edition of the National
158	Fire Protection Association, Inc., Publication 1403, Standard on
159	Live Fire Training Evolutions, excluding, however:
160	a.  Any chapter entitled "Referenced Publications."
161	b.  References to the National Fire Protection Association,
162	Inc., Publication 1975, Station Uniform.
163	c.  The National Fire Protection Association, Inc.,
164	Publication 1001, or any references to such publication in the
165	National Fire Protection Association, Inc., Publication 1975.
166	d.  Any reference to an authority having jurisdiction in
167	the National Fire Protection Association, Inc., publication
168	1403, defined as the organization, office, or individual
169	responsible for approving equipment, materials, installations,
170	and procedures.
171	3.  A 40-hour training program for live fire training
172	instructors, including:
173	a.  Live fire instructional techniques.
174	b.  Training safety in acquired or permanent facilities or
175	props.
176	c.  Personnel safety.
177	d.  Exterior props, including, but not limited to, liquid
178	petroleum gas, other liquid fuels, and similar props.
179	(c)  The rules, excluding those pertaining to live fire
180	training instructor certification, shall take effect no later
181	than January 1, 2006.
182	(d)  Each live fire training instructor is required to be
183	state certified. All live fire training commenced on and after
184	January 1, 2007, must be conducted by a certified live fire
185	training instructor.
186	(e)  This subsection does not apply to wildland training
187	credentialed through the National Wildfire Coordinating Group by
188	the Division of Forestry of the Department of Agriculture and
189	Consumer Services.
190	Section 4.  Paragraph (m) is added to subsection (6) of
191	section 932.7055, Florida Statutes, to read:
192	932.7055  Disposition of liens and forfeited property.--
193	(6)  If the seizing agency is a state agency, all remaining
194	proceeds shall be deposited into the General Revenue Fund.
195	However, if the seizing agency is:
196	(m)  The Division of State Fire Marshal in the Department
197	of Financial Services, the proceeds accrued under the Florida
198	Contraband Forfeiture Act shall be deposited into the Insurance
199	Regulatory Trust Fund to be used for the purposes of arson
200	suppression, arson investigation, and the funding of antiarson
201	rewards.
202	Section 5.  This act shall take effect upon becoming a law.

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