| 1 | The Criminal Justice Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to fire prevention and control; creating |
| 7 | s. 633.115, F.S.; creating the Fire and Emergency Incident |
| 8 | Information Reporting Program within the Division of State |
| 9 | Fire Marshal; providing program requirements; providing |
| 10 | duties of the division relating to the program; creating |
| 11 | the Fire and Emergency Incident Information System |
| 12 | Technical Advisory Panel within the division; providing |
| 13 | for membership and duties of the panel; requiring the |
| 14 | division to adopt certain rules; amending s. 633.171, |
| 15 | F.S.; providing definitions; providing criminal penalties |
| 16 | for initiating a pyrotechnic display in certain structures |
| 17 | under certain circumstances; providing exceptions; |
| 18 | providing construction; providing application; amending s. |
| 19 | 633.821, F.S.; providing additional criteria for certain |
| 20 | rules of the Division of State Fire Marshal; requiring the |
| 21 | division to adopt rules relating to live fire training; |
| 22 | providing requirements; providing for such rules to take |
| 23 | effect; requiring state certification as an instructor for |
| 24 | certain training after a certain date; providing an |
| 25 | exception from application to certain wildland or |
| 26 | prescribed live-fire training exercises; amending s. |
| 27 | 932.7055, F.S.; providing that proceeds from the sale of |
| 28 | certain forfeited property be deposited into the Insurance |
| 29 | Regulatory Trust Fund and used for specified purposes; |
| 30 | providing an effective date. |
| 31 |
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| 32 | Be It Enacted by the Legislature of the State of Florida: |
| 33 |
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| 34 | Section 1. Section 633.115, Florida Statutes, is created |
| 35 | to read: |
| 36 | 633.115 Fire and Emergency Incident Information Reporting |
| 37 | Program; duties; fire reports.-- |
| 38 | (1)(a) The Fire and Emergency Incident Information |
| 39 | Reporting Program is created within the Division of State Fire |
| 40 | Marshal. The program shall: |
| 41 | 1. Establish and maintain an electronic communication |
| 42 | system capable of transmitting fire and emergency incident |
| 43 | information to and between fire protection agencies. |
| 44 | 2. Initiate a Fire and Emergency Incident Information |
| 45 | Reporting System that shall be responsible for: |
| 46 | a. Receiving fire and emergency incident information from |
| 47 | fire protection agencies. |
| 48 | b. Preparing and disseminating annual reports to the |
| 49 | Governor, the President of the Senate, the Speaker of the House |
| 50 | of Representatives, fire protection agencies, and, upon request, |
| 51 | the public. Each report shall include, but not be limited to, |
| 52 | the information listed in the National Fire Incident Reporting |
| 53 | System. |
| 54 | c. Upon request, providing other states and federal |
| 55 | agencies with fire and emergency incident data of this state. |
| 56 | 3. Adopt rules to effectively and efficiently implement, |
| 57 | administer, manage, maintain, and use the Fire and Emergency |
| 58 | Incident Information Reporting Program. The rules shall be |
| 59 | considered minimum requirements and shall not preclude a fire |
| 60 | protection agency from implementing its own requirements which |
| 61 | shall not conflict with the rules of the Division of State Fire |
| 62 | Marshal. |
| 63 | 4. By rule, establish procedures and a format for each |
| 64 | fire protection agency to voluntarily monitor its records and |
| 65 | submit reports to the program. |
| 66 | 5. Establish an electronic information database which is |
| 67 | accessible and searchable by fire protection agencies. |
| 68 | (b) The Division of State Fire Marshal shall consult with |
| 69 | the Division of Forestry of the Department of Agriculture and |
| 70 | Consumer Services and the Bureau of Emergency Medical Services |
| 71 | of the Department of Health to coordinate data, ensure accuracy |
| 72 | of the data, and limit duplication of efforts in data |
| 73 | collection, analysis, and reporting. |
| 74 | (2) The Fire and Emergency Incident Information System |
| 75 | Technical Advisory Panel is created within the Division of State |
| 76 | Fire Marshal. The panel shall advise, review, and recommend to |
| 77 | the State Fire Marshal with respect to the requirements of this |
| 78 | section. The membership of the panel shall consist of the |
| 79 | following 15 members: |
| 80 | (a) The current 13 members of the Firefighters Employment, |
| 81 | Standards, and Training Council as established in s. 633.31. |
| 82 | (b) One member from the Division of Forestry of the |
| 83 | Department of Agriculture and Consumer Services, appointed by |
| 84 | the division director. |
| 85 | (c) One member from the Bureau of Emergency Medical |
| 86 | Services of the Department of Health, appointed by the bureau |
| 87 | chief. |
| 88 | (3) For the purpose of this section, the term "fire |
| 89 | protection agency" shall be defined by rule by the Division of |
| 90 | State Fire Marshal. |
| 91 | Section 2. Section 633.171, Florida Statutes, is amended |
| 92 | to read: |
| 93 | 633.171 Penalty for violation of law, rule, or order to |
| 94 | cease and desist or for failure to comply with corrective |
| 95 | order.-- |
| 96 | (1) Any person who violates The violation of any provision |
| 97 | of this law, or any order or rule of the State Fire Marshal, or |
| 98 | any order to cease and desist or to correct conditions issued |
| 99 | under this chapter commits hereunder, shall constitute a |
| 100 | misdemeanor of the second degree, punishable as provided in s. |
| 101 | 775.082 or s. 775.083. |
| 102 | (2) It is shall constitute a misdemeanor of the first |
| 103 | degree, punishable as provided in s. 775.082 or s. 775.083, to |
| 104 | intentionally or willfully: |
| 105 | (a) Render a fire extinguisher or preengineered system |
| 106 | required by statute or by rule inoperative except during such |
| 107 | time as the extinguisher or preengineered system is being |
| 108 | serviced, hydrotested, tested, repaired, or recharged, except |
| 109 | pursuant to court order. |
| 110 | (b) Obliterate the serial number on a fire extinguisher |
| 111 | for purposes of falsifying service records. |
| 112 | (c) Improperly service, recharge, repair, hydrotest, test, |
| 113 | or inspect a fire extinguisher or preengineered system. |
| 114 | (d) Use the license or permit number of another person. |
| 115 | (e) Hold a permit and allow another person to use said |
| 116 | permit number. |
| 117 | (f) Use, or permit the use of, any license by any |
| 118 | individual or organization other than the one to whom the |
| 119 | license is issued. |
| 120 | (3)(a) As used in this subsection, the term: |
| 121 | 1. "Pyrotechnic display" means a special effect created |
| 122 | through the use of a pyrotechnic material or pyrotechnic device. |
| 123 | 2. "Pyrotechnic device" means any device containing |
| 124 | pyrotechnic materials and capable of producing a special effect. |
| 125 | 3. "Pyrotechnic material" means a chemical mixture used to |
| 126 | produce visible or audible effects by combustion, deflagration, |
| 127 | or detonation when such chemical mixture consists predominantly |
| 128 | of solids capable of producing a controlled, self-sustaining, |
| 129 | and self-contained exothermic chemical reaction that results in |
| 130 | heat, gas, sound, light, or a combination of such effects, |
| 131 | without requiring external oxygen. |
| 132 | (b) A person who initiates a pyrotechnic display within |
| 133 | any structure commits a felony of the third degree, punishable |
| 134 | as provided in s. 775.082, s. 775.083, or s. 775.084, unless: |
| 135 | 1. The structure has a fire protection system installed in |
| 136 | compliance with s. 633.065. |
| 137 | 2. The owner of the structure has authorized in writing |
| 138 | the pyrotechnic display. |
| 139 | 3. If the local jurisdiction requires a permit for the use |
| 140 | of a pyrotechnic display in an occupied structure, such permit |
| 141 | has been obtained and all conditions of the permit complied with |
| 142 | or, if the local jurisdiction does not require a permit for the |
| 143 | use of a pyrotechnic display in an occupied structure, the |
| 144 | person initiating the display has complied with National Fire |
| 145 | Protection Association, Inc., Standard 1126, 2001 Edition, |
| 146 | Standard for the Use of Pyrotechnics before a Proximate |
| 147 | Audience. |
| 148 | (c) This subsection shall not be construed to preclude |
| 149 | prosecution for a more general offense resulting from the same |
| 150 | criminal transaction or episode. This subsection does not apply |
| 151 | to the manufacture, distribution, sale at wholesale or retail, |
| 152 | or seasonal sale of products regulated under chapter 791 if the |
| 153 | products are not used in an occupied structure. |
| 154 | Section 3. Subsection (2) of section 633.821, Florida |
| 155 | Statutes, is amended, and subsection (6) is added to said |
| 156 | section, to read: |
| 157 | 633.821 Workplace safety.-- |
| 158 | (2) The division shall have the authority to adopt rules |
| 159 | for the purpose of ensuring safe working conditions for all |
| 160 | firefighter employees by authorizing the enforcement of |
| 161 | effective standards, by assisting and encouraging firefighter |
| 162 | employers to maintain safe working conditions, and by providing |
| 163 | for education and training in the field of safety. Specifically, |
| 164 | the division may by rule adopt all or any part of subparts C |
| 165 | through T and subpart Z of 29 C.F.R. s. 1910, as revised April |
| 166 | 8, 1998; the National Fire Protection Association, Inc., |
| 167 | Standard 1500, paragraph 5-7 (Personal Alert Safety System) |
| 168 | (1992 edition); the National Fire Protection Association, Inc., |
| 169 | Publication 1403, Standard on Live Fire Training Evolutions |
| 170 | (latest edition), as limited by subsection (6); and ANSI A 10.4- |
| 171 | 1990. |
| 172 | (6)(a) The division shall adopt rules for live fire |
| 173 | training that all firefighters subject to this chapter must |
| 174 | complete. The division shall also adopt rules for a training and |
| 175 | certification process for live fire training instructors. |
| 176 | (b) Such rules for training shall include: |
| 177 | 1. Sections of the most current edition of the National |
| 178 | Fire Protection Association, Inc., Publication 1402, Guide to |
| 179 | Building Fire Service Training Centers, relating to establishing |
| 180 | policies and procedures for effective use of such permanent |
| 181 | facilities or structures. |
| 182 | 2. Sections of the most current edition of the National |
| 183 | Fire Protection Association, Inc., Publication 1403, Standard on |
| 184 | Live Fire Training Evolutions, excluding, however: |
| 185 | a. Any chapter entitled "Referenced Publications." |
| 186 | b. References to the National Fire Protection Association, |
| 187 | Inc., Publication 1975, Station Uniform. |
| 188 | c. The National Fire Protection Association, Inc., |
| 189 | Publication 1001, or any references to such publication in the |
| 190 | National Fire Protection Association, Inc., Publication 1975. |
| 191 | d. Any reference to an authority having jurisdiction in |
| 192 | the National Fire Protection Association, Inc., publication |
| 193 | 1403, defined as the organization, office, or individual |
| 194 | responsible for approving equipment, materials, installations, |
| 195 | and procedures. |
| 196 | 3. A 40-hour training program for live fire training |
| 197 | instructors, including: |
| 198 | a. Live fire instructional techniques. |
| 199 | b. Training safety in acquired or permanent facilities or |
| 200 | props. |
| 201 | c. Personnel safety. |
| 202 | d. Exterior props, including, but not limited to, liquid |
| 203 | petroleum gas, other liquid fuels, and similar props. |
| 204 | (c) The rules, excluding those pertaining to live fire |
| 205 | training instructor certification, shall take effect no later |
| 206 | than January 1, 2006. |
| 207 | (d) Each live fire training instructor is required to be |
| 208 | state certified. All live fire training commenced on and after |
| 209 | January 1, 2007, must be conducted by a certified live fire |
| 210 | training instructor. |
| 211 | (e) This subsection does not apply to wildland or |
| 212 | prescribed live-fire training exercises sanctioned by the |
| 213 | Division of Forestry of the Department of Agriculture and |
| 214 | Consumer Services or the National Wildfire Coordinating Group. |
| 215 | Section 4. Paragraph (m) is added to subsection (6) of |
| 216 | section 932.7055, Florida Statutes, to read: |
| 217 | 932.7055 Disposition of liens and forfeited property.-- |
| 218 | (6) If the seizing agency is a state agency, all remaining |
| 219 | proceeds shall be deposited into the General Revenue Fund. |
| 220 | However, if the seizing agency is: |
| 221 | (m) The Division of State Fire Marshal in the Department |
| 222 | of Financial Services, the proceeds accrued under the Florida |
| 223 | Contraband Forfeiture Act shall be deposited into the Insurance |
| 224 | Regulatory Trust Fund to be used for the purposes of arson |
| 225 | suppression, arson investigation, and the funding of antiarson |
| 226 | rewards. |
| 227 | Section 5. This act shall take effect upon becoming a law. |