HB 69

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

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