Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. CS for SB 2388
765886
Senate
Comm: RCS
4/17/2008
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House
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The Committee on Community Affairs (Geller) recommended the
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following amendment:
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Senate Amendment (with title amendment)
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Delete everything after the enacting clause
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and insert:
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Section 1. Paragraph (e) of subsection (1) of section
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218.23, Florida Statutes, is amended to read:
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218.23 Revenue sharing with units of local government.--
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(1) To be eligible to participate in revenue sharing beyond
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the minimum entitlement in any fiscal year, a unit of local
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government is required to have:
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(e) Certified that persons in its employ as firefighters,
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as defined in s. 633.30 s. 633.30(1), meet the qualification for
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employment as established by the Division of State Fire Marshal
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pursuant to the provisions of ss. 633.34 and 633.35 and that the
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provisions of s. 633.382 have been met.
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Additionally, to receive its share of revenue sharing funds, a
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unit of local government shall certify to the Department of
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Revenue that the requirements of s. 200.065, if applicable, were
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met. The certification shall be made annually within 30 days of
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adoption of an ordinance or resolution establishing a final
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property tax levy or, if no property tax is levied, not later
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than November 1. The portion of revenue sharing funds which,
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pursuant to this part, would otherwise be distributed to a unit
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of local government which has not certified compliance or has
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otherwise failed to meet the requirements of s. 200.065 shall be
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deposited in the General Revenue Fund for the 12 months following
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a determination of noncompliance by the department.
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Section 2. Paragraph (b) of subsection (4) of section
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447.203, Florida Statutes, is amended to read:
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447.203 Definitions.--As used in this part:
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(4) "Managerial employees" are those employees who:
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(b) Serve as police chiefs, fire chiefs, or directors of
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public safety of any police, fire, or public safety department.
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Other police officers, as defined in s. 943.10(1), and
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firefighters, as defined in s. 633.30 s. 633.30(1), may be
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determined by the commission to be managerial employees of such
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departments. In making such determinations, the commission shall
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consider, in addition to the criteria established in paragraph
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(a), the paramilitary organizational structure of the department
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involved.
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However, in determining whether an individual is a managerial
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employee pursuant to either paragraph (a) or paragraph (b),
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above, the commission may consider historic relationships of the
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employee to the public employer and to coemployees.
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Section 3. Subsection (1) of section 553.895, Florida
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Statutes, is amended to read:
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553.895 Firesafety.--
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(1) Any transient public lodging establishment, as defined
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in chapter 509 and used primarily for transient occupancy as
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defined in s. 83.43(10), or any timeshare unit of a timeshare
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plan as defined in chapters 718 and 721, which is of three
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stories or more and for which the construction contract has been
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let after September 30, 1983, with interior corridors which do
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not have direct access from the guest area to exterior means of
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egress and on buildings over 75 feet in height that have direct
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access from the guest area to exterior means of egress and for
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which the construction contract has been let after September 30,
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1983, shall be equipped with an automatic sprinkler system
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installed in compliance with the current edition of the
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applicable fire sprinkler standards adopted by the State Fire
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Marshal. the provisions prescribed in the National Fire
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Protection Association publication NFPA No. 13 (1985), "Standards
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for the Installation of Sprinkler Systems." Each guest room and
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each timeshare unit shall be equipped with an approved listed
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single-station smoke detector meeting the minimum requirements of
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NFPA 72, the current edition adopted by the State Fire Marshal,
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74 (1984) "Standards for the Installation, Maintenance and Use of
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Household Fire Warning Equipment," powered from the building
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electrical service, notwithstanding the number of stories in the
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structure, if the contract for construction is let after
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September 30, 1983. Single-station smoke detectors shall not be
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required when guest rooms or timeshare units contain smoke
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detectors connected to a central alarm system which also alarms
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locally.
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Section 4. Section 633.02, Florida Statutes, is amended to
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read:
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633.02 Agents; powers and duties; compensation.--The State
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Fire Marshal shall appoint such agents as may be necessary to
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carry out effectively the provisions of this chapter, who shall
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be reimbursed for travel expenses as provided in s. 112.061, in
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addition to their salary, when traveling or making investigations
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in the performance of their duties. Such agents shall be at all
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times under the direction and control of the State Fire Marshal,
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who shall fix their compensation, and all orders shall be issued
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in the State Fire Marshal's name and by her or his authority.
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Section 5. Paragraph (b) of subsection (1) and paragraph
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(a) of subsection (4) of section 633.022, Florida Statutes, are
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amended to read:
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633.022 Uniform firesafety standards.--The Legislature
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hereby determines that to protect the public health, safety, and
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welfare it is necessary to provide for firesafety standards
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governing the construction and utilization of certain buildings
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and structures. The Legislature further determines that certain
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buildings or structures, due to their specialized use or to the
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special characteristics of the person utilizing or occupying
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these buildings or structures, should be subject to firesafety
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standards reflecting these special needs as may be appropriate.
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(1) The department shall establish uniform firesafety
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standards that apply to:
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(b) All new, existing, and proposed hospitals, nursing
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homes, assisted living facilities, adult family-care homes,
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correctional facilities, public schools, transient public lodging
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establishments, public food service establishments, elevators,
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migrant labor camps, mobile home parks, lodging parks,
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recreational vehicle parks, recreational camps, residential and
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nonresidential child care facilities, facilities for the
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developmentally disabled, motion picture and television special
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effects productions, tunnels, and self-service gasoline stations,
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of which standards the State Fire Marshal is the final
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administrative interpreting authority.
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If In the event there is a dispute between the owners of the
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buildings specified in paragraph (b) and a local authority
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requiring a more stringent uniform firesafety standard for
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sprinkler systems, the State Fire Marshal shall be the final
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administrative interpreting authority and the State Fire
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Marshal's interpretation regarding the uniform firesafety
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standards shall be considered final agency action.
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(4)(a) Notwithstanding any provision of law to the
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contrary, each nursing home licensed under part II of chapter 400
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shall be protected throughout by an approved, supervised
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automatic sprinkler system in accordance with s. 9 of National
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Fire Protection Association, Inc., Life Safety Code, in
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accordance with the following schedule:
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1. Each hazardous area of each nursing home shall be
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protected by an approved, supervised automatic sprinkler system
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by no later than December 31, 2008.
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2. Each entire nursing home shall be protected by an
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approved, supervised automatic sprinkler system by no later than
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December 31, 2010.
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Section 6. Subsection (9) of section 633.0245, Florida
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Statutes, is amended to read:
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633.0245 State Fire Marshal Nursing Home Fire Protection
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Loan Guarantee Program.--
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(9) An No application for participation in the State Fire
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Marshal Nursing Home Fire Protection Loan Guarantee Program may
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not be accepted by the State Fire Marshal after July 1, 2009 June
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30, 2006.
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Section 7. Subsection (11) is added to section 633.025,
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Florida Statutes, to read:
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633.025 Minimum firesafety standards.--
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(11)(a) The plans for, and inspections of, manufactured
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buildings may be completed at the point of manufacture as long as
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the following requirements are met:
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1. The person reviewing the plans and inspecting the
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manufactured or prototype building must be currently certified as
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a firesafety inspector under s. 633.081(2); and
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2. The manufacturer's modular data plate, stating that the
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building is in compliance with chapter 633 and the rules of the
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department, has been affixed to the building.
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(b) The local fire official shall recognize and approve
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such manufactured building, subject to local fire code
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amendments, acceptable performance testing of life safety
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systems, and site conditions. The cost of any additional work
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necessary to meet these requirements, if any, shall be born by
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the manufacturer. The department may adopt rules to administer
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this subsection.
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Section 8. Section 633.03, Florida Statutes, is amended to
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read:
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633.03 Investigation of fires and explosions fire;
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reports.--The State Fire Marshal shall investigate the cause,
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origin, and circumstances of every fire or explosion occurring in
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this state wherein the State Fire Marshal deems an investigation
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is necessary and property has been damaged or destroyed where
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there is probable cause to believe that the fire or explosion was
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the result of carelessness or design. Report of all such
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investigations shall be made on approved forms to be furnished by
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the State Fire Marshal.
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Section 9. Subsections (1) and (2), and paragraph (a) of
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subsection (3) of section 633.061, Florida Statutes, are amended
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to read:
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633.061 Fire suppression equipment; license to install or
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maintain.--
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(1) It is unlawful for any organization or individual to
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engage in the business of servicing, repairing, recharging,
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testing, marking, inspecting, installing, or hydrotesting any
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fire extinguisher or preengineered system in this state except in
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conformity with the provisions of this chapter. Each organization
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or individual that engages in such activity must possess a valid
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and subsisting license issued by the State Fire Marshal. All fire
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extinguishers and preengineered systems required by statute or by
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rule must be serviced by an organization or individual licensed
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under the provisions of this chapter. A licensee who receives
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appropriate training shall not be prohibited by a manufacturer
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from servicing any particular brand of fire extinguisher or
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preengineered system. The licensee is legally qualified to act
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for the business organization in all matters connected with its
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business, and the licensee must supervise all activities
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undertaken by such business organization. Each licensee shall
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maintain a specific business location. A further requirement, in
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the case of multiple locations where such servicing or recharging
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is taking place, is that each licensee who maintains more than
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one place of business where actual work is carried on must
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possess an additional license, as set forth in this section, for
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each location, except that a licensed individual may not qualify
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for more than five locations. A licensee is limited to a specific
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type of work performed depending upon the class of license held.
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Licenses and license fees are required for the following:
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(a) Class A....$250
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To service, recharge, repair, install, or inspect all types of
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fire extinguishers and to conduct hydrostatic tests on all types
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of fire extinguishers.
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(b) Class B....$150
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To service, recharge, repair, install, or inspect all types of
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fire extinguishers, including recharging carbon dioxide units and
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conducting hydrostatic tests on all types of fire extinguishers,
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except carbon dioxide units.
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(c) Class C....$150
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To service, recharge, repair, install, or inspect all types of
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fire extinguishers, except recharging carbon dioxide units, and
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to conduct hydrostatic tests on all types of fire extinguishers,
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except carbon dioxide units.
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(d) Class D....$200
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To service, repair, recharge, hydrotest, install, or inspect all
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types of preengineered fire extinguishing systems.
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(e) Licenses issued as duplicates or to reflect a change of
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address....$10
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Any fire equipment dealer licensed pursuant to this subsection
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who does not want to engage in the business of servicing,
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inspecting, recharging, repairing, hydrotesting, or installing
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clean agent halon equipment must file an affidavit on a form
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provided by the division so stating. Licenses will be issued by
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the division to reflect the work authorized thereunder. It is
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unlawful, unlicensed activity for any person or firm to falsely
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hold himself or herself or a business organization out to perform
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any service, inspection, recharge, repair, hydrotest, or
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installation except as specifically described in the license.
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(2) Each individual actually performing the work of
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servicing, recharging, repairing, hydrotesting, installing,
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testing, or inspecting fire extinguishers or preengineered
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systems must possess a valid and subsisting permit issued by the
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State Fire Marshal. Permittees are limited as to specific type of
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work performed to allow work no more extensive than the class of
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license held by the licensee under whom the permittee is working.
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Permits will be issued by the division and the fees required are
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as follows:
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(a) Portable permit....$90
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"Portable permittee" means a person who is limited to performing
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work no more extensive than the employing licensee in the
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servicing, recharging, repairing, installing, or inspecting all
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types of portable fire extinguishers.
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(b) Preengineered permit....$120
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"Preengineered permittee" means a person who is limited to the
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servicing, recharging, repairing, installing, or inspecting of
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all types of preengineered fire extinguishing systems.
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(c) Permits issued as duplicates or to reflect a change of
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address....$10
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Any fire equipment permittee licensed pursuant to this subsection
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who does not want to engage in servicing, inspecting, recharging,
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repairing, hydrotesting, or installing clean agent halon
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equipment must file an affidavit on a form provided by the
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division so stating. Permits will be issued by the division to
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reflect the work authorized thereunder. It is unlawful,
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unlicensed activity for any person or firm to falsely hold
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himself or herself out to perform any service, inspection,
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recharge, repair, hydrotest, or installation except as
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specifically described in the permit.
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(3)(a) Such licenses and permits shall be issued by the
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State Fire Marshal for 2 years beginning January 1, 2000, and
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each 2-year period thereafter and expiring December 31 of the
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second year. All licenses or permits issued will expire on
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December 31 of each odd-numbered year. The failure to renew a
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license or permit by December 31 of the second year will cause
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the license or permit to become inoperative. The holder of an
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inoperative license or permit shall not engage in any activities
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for which a license or permit is required by this section. A
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license or permit which is inoperative because of the failure to
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renew it shall be restored upon payment of the applicable fee
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plus a penalty equal to the applicable fee, if the application
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for renewal is filed no later than the following March 31. If the
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application for restoration is not made before the March 31st
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deadline, the fee for restoration shall be equal to the original
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application fee and the penalty provided for herein, and, in
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addition, the State Fire Marshal shall require reexamination of
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the applicant. The fee for a license or permit issued for 1 year
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or less shall be prorated at 50 percent of the applicable fee for
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a biennial license or permit. Following the initial licensure,
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each licensee or permittee shall successfully complete a course
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or courses of continuing education for fire equipment technicians
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of at least 16 32 hours. A license or permit may not be renewed
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unless the licensee or permittee produces documentation of the
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completion of at least 16 hours of continuing education for fire
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equipment technicians during the biennial licensure period within
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4 years of initial issuance of a license or permit and within
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each 4-year period thereafter or no such license or permit shall
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be renewed. A person who is both a licensee and a permittee shall
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be required to complete a total of 16 32 hours of continuing
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education during each renewal per 4-year period. Each licensee
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shall ensure that all permittees in his or her employment meet
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their continuing education requirements. The State Fire Marshal
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shall adopt rules describing the continuing education
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requirements and shall have the authority upon reasonable belief,
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to audit a fire equipment dealer to determine compliance with
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continuing education requirements.
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Section 10. Section 633.081, Florida Statutes, is amended
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to read:
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633.081 Inspection of buildings and equipment; orders;
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firesafety inspection training requirements; certification;
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disciplinary action.--The State Fire Marshal and her or his
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agents may shall, at any reasonable hour, when the department has
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reasonable cause to believe that a violation of this chapter or
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s. 509.215, or a rule promulgated thereunder, or a minimum
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firesafety code adopted by the State Fire Marshal or a local
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authority, may exist, inspect any and all buildings and
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structures which are subject to the requirements of this chapter
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or s. 509.215 and rules promulgated thereunder. The authority to
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inspect shall extend to all equipment, vehicles, and chemicals
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which are located on or within the premises of any such building
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or structure.
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(1) Each county, municipality, and special district that
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has firesafety enforcement responsibilities shall employ or
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contract with a firesafety inspector. The firesafety inspector
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must conduct all firesafety inspections that are required by law.
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The governing body of a county, municipality, or special district
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that has firesafety enforcement responsibilities may provide a
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schedule of fees to pay only the costs of inspections conducted
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pursuant to this subsection and related administrative expenses.
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Two or more counties, municipalities, or special districts that
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have firesafety enforcement responsibilities may jointly employ
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or contract with a firesafety inspector.
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(2) Every firesafety inspection conducted pursuant to state
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or local firesafety requirements shall be by a person certified
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as having met the inspection training requirements set by the
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State Fire Marshal. Such person shall:
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(a) Be a high school graduate or the equivalent as
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determined by the department;
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(b) Not have been found guilty of, or having pleaded guilty
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or nolo contendere to, a felony or a crime punishable by
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imprisonment of 1 year or more under the law of the United
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States, or of any state thereof, which involves moral turpitude,
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without regard to whether a judgment of conviction has been
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entered by the court having jurisdiction of such cases;
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(c) Have her or his fingerprints on file with the
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department or with an agency designated by the department;
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(d) Have good moral character as determined by the
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department;
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(e) Be at least 18 years of age;
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(f) Have satisfactorily completed the firesafety inspector
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certification examination as prescribed by the department; and
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(g)1. Have satisfactorily completed, as determined by the
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department, a firesafety inspector training program of not less
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than 200 hours established by the department and administered by
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agencies and institutions approved by the department for the
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purpose of providing basic certification training for firesafety
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inspectors; or
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2. Have received in another state training which is
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determined by the department to be at least equivalent to that
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required by the department for approved firesafety inspector
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education and training programs in this state.
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(3)(a)1. Effective July 1, 2011, the classification of
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special state firesafety inspector is abolished and all special
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state firesafety inspector certifications expire at midnight June
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30, 2011.
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2. Any person who is a special state firesafety inspector
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on June 30, 2011, and who has failed to comply with paragraph (b)
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or paragraph (c) is not permitted to perform any firesafety
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inspection required by law.
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3. A special state firesafety inspector certification may
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not be awarded after June 30, 2008.
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(b)1. Any person who is a special state firesafety
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inspector on July 1, 2008, and who has at least 5 years of
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experience as a special state firesafety inspector as of July 1,
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2008, may take the same firesafety inspection examination as
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provided in paragraph (2)(f) for firesafety inspectors before
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July 1, 2011, to be certified as a firesafety inspector described
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in subsection (2).
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2. Upon passing the examination, the person shall be
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certified as a firesafety inspector as provided in subsection
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(2).
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3. Failure to obtain certification requires compliance with
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paragraph (c) to be certified as a firesafety inspector as
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provided in subsection (2).
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(c)1. To be certified as a firesafety inspector as provided
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in subsection (2), any person who:
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a. Is a special state firesafety inspector on July 1, 2008,
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and who does not have 5 years of experience as a special state
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firesafety inspector as of July 1, 2008; or
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b. Has 5 years of experience as a special state firesafety
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inspector but has failed the examination taken pursuant to
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paragraph (b), must take an additional 80 hours of the courses
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described in paragraph (2)(g).
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2. After successfully completing the courses described in
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this paragraph, such person is permitted to take the firesafety
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inspection examination described in paragraph (2)(f), if such
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examination is taken before July 1, 2011.
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3. Upon passing the examination, the person is certified as
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a firesafety inspector as provided in subsection (2).
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4. A person who fails the course of study or the
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examination described in this paragraph may not perform any
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firesafety inspection required by law on or after July 1, 2011
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Each special state firesafety inspection which is required by law
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and is conducted by or on behalf of an agency of the state must
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be performed by an individual who has met the provision of
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subsection (2), except that the duration of the training program
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shall not exceed 120 hours of specific training for the type of
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property that such special state firesafety inspectors are
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assigned to inspect.
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(4) A firefighter certified pursuant to s. 633.35 may
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conduct firesafety inspections, under the supervision of a
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certified firesafety inspector, while on duty as a member of a
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fire department company conducting inservice firesafety
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inspections without being certified as a firesafety inspector, if
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such firefighter has satisfactorily completed an inservice fire
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department company inspector training program of at least 24
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hours' duration as provided by rule of the department.
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(5) Every firesafety inspector or special state firesafety
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inspector certificate is valid for a period of 3 years from the
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date of issuance. Renewal of certification shall be subject to
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the affected person's completing proper application for renewal
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and meeting all of the requirements for renewal as established
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under this chapter or by rule adopted promulgated thereunder,
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which shall include completion of at least 40 hours during the
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preceding 3-year period of continuing education as required by
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the rule of the department or, in lieu thereof, successful
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passage of an examination as established by the department.
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(6) The State Fire Marshal may deny, refuse to renew,
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suspend, or revoke the certificate of a firesafety inspector or
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special state firesafety inspector if it finds that any of the
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following grounds exist:
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(a) Any cause for which issuance of a certificate could
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have been refused had it then existed and been known to the State
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Fire Marshal.
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(b) Violation of this chapter or any rule or order of the
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State Fire Marshal.
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(c) Falsification of records relating to the certificate.
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(d) Having been found guilty of or having pleaded guilty or
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nolo contendere to a felony, whether or not a judgment of
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conviction has been entered.
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(e) Failure to meet any of the renewal requirements.
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(f) Having been convicted of a crime in any jurisdiction
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which directly relates to the practice of fire code inspection,
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plan review, or administration.
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(g) Making or filing a report or record that the
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certificateholder knows to be false, or knowingly inducing
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another to file a false report or record, or knowingly failing to
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file a report or record required by state or local law, or
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knowingly impeding or obstructing such filing, or knowingly
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inducing another person to impede or obstruct such filing.
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(h) Failing to properly enforce applicable fire codes or
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permit requirements within this state which the certificateholder
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knows are applicable by committing willful misconduct, gross
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negligence, gross misconduct, repeated negligence, or negligence
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resulting in a significant danger to life or property.
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(i) Accepting labor, services, or materials at no charge or
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at a noncompetitive rate from any person who performs work that
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is under the enforcement authority of the certificateholder and
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who is not an immediate family member of the certificateholder.
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For the purpose of this paragraph, the term "immediate family
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member" means a spouse, child, parent, sibling, grandparent,
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aunt, uncle, or first cousin of the person or the person's spouse
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or any person who resides in the primary residence of the
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certificateholder.
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(7) The department shall provide by rule for the
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certification of firesafety inspectors.
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(8) The State Fire Marshal may develop by rule an advanced
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training and certification program for firesafety inspectors with
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fire code management responsibility. This program shall be
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consistent with national standards. The program shall establish
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minimum training, education, and experience levels for fire
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safety inspectors with fire code management responsibilities.
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(9) The Division of State Fire Marshal may enter into a
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reciprocity agreement with the Florida Building Code
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Administrators and Inspectors Board, established pursuant to s.
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468.605, to facilitate joint recognition of continuing education
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recertification hours for certificateholders licensed in
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accordance with s. 468.609 and firesafety inspectors certified in
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accordance with subsection (2).
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Section 11. Paragraph (a) of subsection (1), and
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subsections (2), (3), and (4) of section 633.085, Florida
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Statutes, are amended to read:
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633.085 Inspections of state buildings and premises; tests
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of firesafety equipment; building plans to be approved.--
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(1)(a) It is the duty of the State Fire Marshal and her or
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his agents to inspect, or cause to be inspected, each state-owned
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building and each building located on land owned by the state and
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used primarily for state purposes as determined by the State Fire
483
Marshal, such buildings to be referred to in this section as a
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state-owned building or state-owned buildings, on a recurring
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basis established by rule, and to ensure that high-hazard
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occupancies are inspected at least annually, for the purpose of
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ascertaining and causing to be corrected any conditions liable to
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cause fire or endanger life from fire and any violation of the
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firesafety standards for state-owned buildings, the provisions of
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this chapter, or the rules or regulations adopted and promulgated
491
pursuant hereto. The State Fire Marshal shall, within 7 days
492
following an inspection, submit a report of such inspection to
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the head of the department of state government responsible for
494
the building.
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(2) The State Fire Marshal and her or his agents may shall
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conduct performance tests on any electronic fire warning and
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smoke detection system, and any pressurized air-handling unit, in
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any state-owned building or state-leased space on a recurring
499
basis as provided in subsection (1). The State Fire Marshal and
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her or his agents shall also ensure that fire drills are
501
conducted in all high-hazard state-owned buildings or high-hazard
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state-leased high-hazard occupancies at least annually.
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(3) All construction of any new, or renovation, alteration,
504
or change of occupancy of any existing, state-owned building or
505
state-leased space shall comply with the uniform firesafety
506
standards of the State Fire Marshal.
507
(a) For all new construction or renovation, alteration, or
508
change of occupancy of state-leased space, compliance with the
509
uniform firesafety standards shall be determined by reviewing the
510
plans for the proposed construction or occupancy submitted by the
511
lessor to the Division of State Fire Marshal for review and
512
approval prior to commencement of construction or occupancy,
513
which review shall be completed within 10 working days after
514
receipt of the plans by the Division of State Fire Marshal.
515
(b) The plans for all construction of any new, or
516
renovation or alteration of any existing, state-owned building
517
are subject to the review and approval of the Division of State
518
Fire Marshal for compliance with the uniform firesafety standards
519
prior to commencement of construction or change of occupancy,
520
which review shall be completed within 30 calendar days of
521
receipt of the plans by the Division of State Fire Marshal.
522
(4) The Division of State Fire Marshal may inspect state-
523
owned buildings and space and state-leased space as necessary
524
prior to occupancy or during construction, renovation, or
525
alteration to ascertain compliance with the uniform firesafety
526
standards. Whenever the Division of State Fire Marshal determines
527
by virtue of such inspection or by review of plans that
528
construction, renovation, or alteration of state-owned buildings
529
and state-leased space is not in compliance with the uniform
530
firesafety standards, the Division of State Fire Marshal shall
531
issue an order to cease construction, renovation, or alteration,
532
or to preclude occupancy, of a building until compliance is
533
obtained, except for those activities required to achieve such
534
compliance.
535
Section 12. Section 633.101, Florida Statutes, is amended
536
to read:
537
633.101 Hearings; investigations; investigatory powers of
538
State Fire Marshal; costs of service and witness fees.--
539
(1) The State Fire Marshal may in his or her discretion
540
take or cause to be taken the testimony on oath of all persons
541
whom he or she believes to be cognizant of any facts in relation
542
to matters under investigation. The State Fire Marshal may
543
administer oaths and affirmations, compel the attendance of
544
witnesses or proffering of matter, and collect evidence.
545
(2) If the State Fire Marshal seeks to obtain by request
546
any matter that, or the testimony of any person who, is located
547
outside the state, the person requested shall provide the
548
testimony to the State Fire Marshal or make the matter available
549
to the State Fire Marshal to examine at the place where the
550
matter is located. The State Fire Marshal may designate
551
representatives, including officials of the state in which the
552
matter is located, to inspect the matter on behalf of the State
553
Fire Marshal, and the State Fire Marshal may respond to similar
554
requests from officials of other states. If the State Fire
555
Marshal shall be of the opinion that there is sufficient evidence
556
to charge any person with an offense, he or she shall cause the
557
arrest of such person and shall furnish to the prosecuting
558
officer of any court having jurisdiction of said offense all
559
information obtained by him or her, including a copy of all
560
pertinent and material testimony taken, together with the names
561
and addresses of all witnesses. In the conduct of such
562
investigations, the fire marshal may request such assistance as
563
may reasonably be given by such prosecuting officers and other
564
local officials.
565
(3)(a) The State Fire Marshal may request that an
566
individual who refuses to comply with any request made under
567
subsection (2) be ordered by the circuit court to provide the
568
testimony or matter. The court may not order such compliance
569
unless the State Fire Marshal has demonstrated to the
570
satisfaction of the court that the testimony of the witness or
571
the matter under request has a direct bearing on matter under the
572
jurisdiction of the State Fire Marshal, constitutes a felony or
573
misdemeanor under this chapter, the Florida Insurance Code, or a
574
fraudulent insurance act or act of arson, or is pertinent and
575
necessary to further such investigation.
576
(b) Except in a prosecution for perjury, an individual who
577
complies with a court order to provide testimony or matter after
578
asserting a privilege against self-incrimination to which the
579
individual is entitled by law may not be subjected to a criminal
580
proceeding or to a civil penalty with respect to the act
581
concerning that which the individual is required to testify or
582
produce relevant matter.
583
(c) In the absence of fraud or bad faith, a person is not
584
subject to civil liability for libel, slander, or any other
585
relevant tort by virtue of filing reports, without malice, or
586
furnishing other information, without malice, required by this
587
chapter or required by the State Fire Marshal under the authority
588
granted in this chapter, and no civil cause of action of any
589
nature shall arise against such person for:
590
1. Any information relating to a matter under the
591
jurisdiction of the State Fire Marshal, suspected violations of
592
the Florida Insurance Code, or fraudulent insurance acts or
593
persons suspected of engaging in such acts furnished to or
594
received from law enforcement officials or their agents or
595
employees;
596
2. Any information relating to any matter under the
597
jurisdiction of the State Fire Marshal, suspected violations of
598
the Florida Insurance Code, fraudulent insurance acts or acts of
599
arson, or persons suspected of engaging in such acts furnished to
600
or received from other persons subject to the provisions of this
601
chapter;
602
3. Any information furnished in reports to the State Fire
603
Marshal or any local, state, or federal enforcement officials or
604
their agents or employees; or
605
4. Other actions taken in cooperation with any of the
606
agencies or individuals specified in this paragraph in the lawful
607
investigation of violations under the jurisdiction of the State
608
Fire Marshal, suspected violations of the Florida Insurance Code,
609
or suspected fraudulent insurance acts.
610
(d) In addition to the immunity granted in paragraph (c), a
611
person identified as a designated employee whose responsibilities
612
include the investigation and disposition of violations under the
613
jurisdiction of the State Fire Marshal or the Florida Insurance
614
Code and claims relating to suspected fraudulent insurance acts
615
may share information relating to persons suspected of such acts
616
with other designated employees employed by the same or other
617
insurers whose responsibilities include such acts. Unless the
618
employees of the insurer act in bad faith or in reckless
619
disregard for the rights of any insured, the insurer or its
620
designated employees are not civilly liable for libel, slander,
621
or any other relevant tort, and a civil action does not arise
622
against the insurer or its designated employees for:
623
1. Any information related to any matter under the
624
jurisdiction of the State Fire Marshal, the Florida Insurance
625
Code, or suspected fraudulent insurance acts provided to an
626
insurer; or
627
2. Any information relating to any matter under the
628
jurisdiction of the State Fire Marshal, the Florida Insurance
629
Code, or suspected fraudulent insurance acts provided to the
630
National Insurance Crime Bureau or the National Association of
631
Insurance Commissioners.
632
633
However, the qualified immunity against civil liability conferred
634
on any insurer or its designated employees shall be forfeited
635
with respect to the exchange or publication of any defamatory
636
information with third persons not expressly authorized by this
637
paragraph to share in such information.
638
(e) This section does not abrogate or modify in any way any
639
common-law or statutory privilege or immunity otherwise enjoyed
640
by any person.
641
(3) The fire marshal may summon and compel the attendance
642
of witnesses before him or her to testify in relation to any
643
manner which is, by the provisions of this chapter, a subject of
644
inquiry and investigation, and he or she may require the
645
production of any book, paper or document deemed pertinent
646
thereto by him or her, and may seize furniture and other personal
647
property to be held for evidence.
648
(4) Papers, documents, reports, or evidence relative to the
649
subject of an investigation under this section are not subject to
650
discovery until the investigation is completed or ceases to be
651
active. Agents of the State Fire Marshal are not subject to
652
subpoena in civil actions by any court of this state to testify
653
concerning any matter of which they have knowledge pursuant to a
654
pending investigation by the State Fire Marshal. All persons so
655
summoned and so testifying shall be entitled to the same witness
656
fees and mileage as provided for witnesses testifying in the
657
circuit courts of this state, and officers serving subpoenas or
658
orders of the fire marshal shall be paid in like manner for like
659
services in such courts, from the funds herein provided.
660
(5) Any person, other than an insurer, agent, or other
661
person licensed under the Florida Insurance Code, or an employee
662
of such licensee, having knowledge or a belief that a crime
663
involving arson, a destructive device, an illegal possession of
664
explosives, a fraudulent insurance act, or any other act or
665
practice which, upon conviction, constitutes a felony or a
666
misdemeanor under this chapter, the Florida Insurance Code, or s.
667
817.233, is being or has been committed may submit to the State
668
Fire Marshal a report or information pertinent to such knowledge
669
or belief and such additional information relative to such
670
knowledge or belief as the State Fire Marshal may request. Any
671
insurer, agent, or other person licensed under the Florida
672
Insurance Code, or an employee of such licensee, having knowledge
673
or a belief that a crime involving arson, a destructive device,
674
an illegal possession of explosives, or any other act or practice
675
which, upon conviction, constitutes a felony or a misdemeanor
676
under this chapter or s. 817.233, is being or has been committed,
677
shall send to the State Fire Marshal a report or information
678
pertinent to such knowledge or belief and such additional
679
information relative to such knowledge or belief as the State
680
Fire Marshal may require. The State Fire Marshal shall review
681
such information or reports and select such information or
682
reports as, in his or her judgment, may require further
683
investigation. The State Fire Marshal shall then cause an
684
independent examination of the facts surrounding such information
685
or report to be made to determine the extent, if any, to which a
686
crime involving arson, a destructive device, or a fraudulent
687
insurance act, or any other act or practice that, upon
688
conviction, constitutes a felony or a misdemeanor under this
689
chapter, the Florida Insurance Code, or s. 817.233 is being or
690
has been committed. The State Fire Marshal shall report any
691
alleged violations of law which his or her investigations reveal
692
to the appropriate licensing agency and state attorney or other
693
prosecuting agency having jurisdiction with respect to any such
694
violation.
695
(6) It is unlawful for any person to resist an arrest by an
696
agent of the State Fire Marshal authorized by this section or in
697
any manner to interfere, by abetting or assisting such resistance
698
or otherwise interfering, with any Division of State Fire Marshal
699
investigator in the duties imposed upon such agent or
700
investigator by law or department rule.
701
Section 13. Section 633.121, Florida Statutes, is amended
702
to read:
703
633.121 Persons authorized to enforce laws and rules of
704
State Fire Marshal.--The chiefs of county, municipal, and
705
special-district fire departments; other fire department
706
personnel designated by their respective chiefs; and personnel
707
designated by local governments having no organized fire
708
departments; and all law enforcement officers in the state duly
709
certified under chapter 943 and acting upon the request of the
710
State Fire Marshal or a chief of a county, municipal, or special
711
district fire department may are authorized to enforce this
712
chapter law and all rules adopted prescribed by the State Fire
713
Marshal within their respective jurisdictions. Such personnel
714
acting under the authority of this section shall be deemed to be
715
agents of their respective jurisdictions, not agents of the State
716
Fire Marshal.
717
Section 14. Section 633.13, Florida Statutes, is amended to
718
read:
719
633.13 State Fire Marshal; authority of agents.--The
720
authority given the State Fire Marshal under this chapter or any
721
rule or order adopted by the State Fire Marshal law may be
722
exercised by his or her agents, either individually or in
723
conjunction with any other state or local official charged with
724
similar responsibilities.
725
Section 15. Section 633.14, Florida Statutes, is amended to
726
read:
727
633.14 Agents; powers to make arrests, conduct searches and
728
seizures, serve summonses, and carry firearms.--Agents or
729
investigators of the State Fire Marshal have the power to make
730
arrests for criminal violations established as a result of
731
investigations. Such agents or investigators shall also be
732
considered state law enforcement officers for all purposes and
733
shall have the power to execute arrest warrants and search
734
warrants; serve subpoenas issued for the examination,
735
investigation, and trial of all offenses; and to arrest upon
736
probable cause, without warrant, any person violating any
737
provision of the laws of this state. Agents or investigators
738
empowered to make arrests under this section may bear arms in the
739
performance of their duties. In such a situation, the
740
investigator must be certified in compliance with the provisions
741
of s. 943.1395 or must meet the temporary employment or
742
appointment exemption requirements of s. 943.131 until certified
743
shall have the same authority to serve summonses, make arrests,
744
carry firearms, and make searches and seizures, as the sheriff or
745
her or his deputies, in the respective counties where such
746
investigations, hearings, or inspections may be held; and
747
affidavits necessary to authorize any such arrests, searches, or
748
seizures may be made before any trial court judge having
749
authority under the law to issue appropriate processes.
750
Section 16. Subsections (1) and (3) of section 633.161,
751
Florida Statutes, are amended to read:
752
633.161 Violations; orders to cease and desist, correct
753
hazardous conditions, preclude occupancy, or vacate; enforcement;
754
penalties.--
755
(1) If it is determined by the department that a violation
756
specified in this subsection exists, the State Fire Marshal or
757
her or his agent deputy may issue and deliver to the person
758
committing the violation an order to cease and desist from such
759
violation, to correct any hazardous condition, to preclude
760
occupancy of the affected building or structure, or to vacate the
761
premises of the affected building or structure. Such violations
762
consist of are:
763
(a) Except as set forth in paragraph (b), a violation of
764
any provision of this chapter, of any rule adopted pursuant
765
thereto, of any applicable uniform firesafety standard adopted
766
pursuant to s. 633.022 which is not adequately addressed by any
767
alternative requirements adopted on a local level, or of any
768
minimum firesafety standard adopted pursuant to s. 394.879.
769
(b) A substantial violation of an applicable minimum
770
firesafety standard adopted pursuant to s. 633.025 which is not
771
reasonably addressed by any alternative requirement imposed at
772
the local level, or an unreasonable interpretation of an
773
applicable minimum firesafety standard, and which violation or
774
interpretation clearly constitutes a danger to lifesafety.
775
(c) A building or structure which is in a dilapidated
776
condition and as a result thereof creates a danger to life,
777
safety, or property.
778
(d) A building or structure which contains explosive matter
779
or flammable liquids or gases constituting a danger to life,
780
safety, or property.
781
(e) A fire department that is not designated by a political
782
subdivision as defined in s. 1.01.
783
(3) Any person who violates or fails to comply with any
784
order under subsection (1) or subsection (2) commits is guilty of
785
a misdemeanor, punishable as provided in s. 633.171.
786
Section 17. Subsection (1) of section 633.171, Florida
787
Statutes, is amended to read:
788
633.171 Penalty for violation of law, rule, or order to
789
cease and desist or for failure to comply with corrective
790
order.--
791
(1) Any person who violates any provision of this chapter
792
law, any order or rule of the State Fire Marshal, or any order to
793
cease and desist or to correct conditions issued under this
794
chapter commits a misdemeanor of the second degree, punishable as
795
provided in s. 775.082 or s. 775.083.
796
Section 18. Subsection (1) of section 633.175, Florida
797
Statutes, is amended to read:
798
633.175 Investigation of fraudulent insurance claims and
799
crimes; immunity of insurance companies supplying information.--
800
(1) In addition to the other powers granted by this
801
chapter, the State Fire Marshal or an agent appointed pursuant to
802
s. 633.02, any law enforcement officer as defined in s. 111.065,
803
any law enforcement officer of a federal agency, or any fire
804
department official who is engaged in the investigation of a fire
805
loss may request any insurance company or its agent, adjuster,
806
employee, or attorney, investigating a claim under an insurance
807
policy or contract with respect to a fire to release any
808
information whatsoever in the possession of the insurance company
809
or its agent, adjuster, employee, or attorney relative to a loss
810
from that fire. The insurance company shall release the available
811
information to and cooperate with any official authorized to
812
request such information pursuant to this section. The
813
information shall include, but shall not be limited to:
814
(a) Any insurance policy relevant to a loss under
815
investigation and any application for such a policy.
816
(b) Any policy premium payment records.
817
(c) The records, reports, and all material pertaining to
818
any previous claims made by the insured with the reporting
819
company.
820
(d) Material relating to the investigation of the loss,
821
including statements of any person, proof of loss, and other
822
relevant evidence.
823
(e) Memoranda, notes, and correspondence relating to the
824
investigation of the loss in the possession of the insurance
825
company or its agents, adjusters, employees, or attorneys.
826
Section 19. Section 633.18, Florida Statutes, is amended to
827
read:
828
633.18 State Fire Marshal; hearings and investigations;
829
subpoena of witnesses; orders of circuit court.--Any agent
830
designated by the State Fire Marshal for such purposes, may hold
831
hearings, sign and issue subpoenas, administer oaths, examine
832
witnesses, receive evidence, and require by subpoena the
833
attendance and testimony of witnesses and the production of such
834
accounts, records, memoranda or other evidence, as may be
835
material for the determination of any complaint or conducting any
836
inquiry or investigation under this chapter or any rule or order
837
of the State Fire Marshal law. In case of disobedience to a
838
subpoena, the State Fire Marshal or his or her agent may invoke
839
the aid of any court of competent jurisdiction in requiring the
840
attendance and testimony of witnesses and the production of
841
accounts, records, memoranda or other evidence and any such court
842
may in case of contumacy or refusal to obey a subpoena issued to
843
any person, issue an order requiring the person to appear before
844
the State Fire Marshal's agent or produce accounts, records,
845
memoranda or other evidence, as so ordered, or to give evidence
846
touching any matter pertinent to any complaint or the subject of
847
any inquiry or investigation, and any failure to obey such order
848
of the court shall be punished by the court as a contempt
849
thereof.
850
Section 20. Section 633.30, Florida Statutes, is amended to
851
read:
852
633.30 Standards for firefighting; definitions.--As used in
853
this chapter, the term:
854
(1) "Career firefighter" means a person who is compensated
855
at an hourly or salaried rate and whose work hours are scheduled
856
in advance to maintain a schedule of coverage at a station,
857
facility, or area to function as described in subsection (8)
858
"Firefighter" means any person initially employed as a full-time
859
professional firefighter by any employing agency, as defined
860
herein, whose primary responsibility is the prevention and
861
extinguishment of fires, the protection and saving of life and
862
property, and the enforcement of municipal, county, and state
863
fire prevention codes, as well as of any law pertaining to the
864
prevention and control of fires.
865
(2) "Council" means the Firefighters Employment, Standards,
866
and Training Council "Employing agency" means any municipality or
867
county, the state, or any political subdivision of the state,
868
including authorities and special districts, employing
869
firefighters as defined in subsection (1).
870
(3) "Department" means the Department of Financial
871
Services.
872
(4) "Division" means the Division of State Fire Marshal of
873
the Department of Financial Services "Council" means the
874
Firefighters Employment, Standards, and Training Council.
875
(5) "Employing agency" means any municipality or county,
876
the state, or any political subdivision of the state, including
877
authorities, special districts, or any private entity under
878
contract with such entities "Division" means the Division of
879
State Fire Marshal of the Department of Financial Services.
880
(6) "Fire department" means an organization designated by a
881
state political subdivision, such as a county, municipality, or
882
special fire control district, to provide emergency response for
883
the protection of life and property within a specified
884
geographical area.
885
(7) "Fire service apprentice" means any high school student
886
who completes a high school course of instruction and examination
887
approved by the department that includes specified components of
888
firefighter I and II certification in accordance with the
889
division's rules. Before the age of 18, a fire service apprentice
890
may function as a fireground resource technician with a
891
recognized fire department. Upon age of 18 and graduation from
892
high school, the fire service apprentice may complete the
893
outstanding components of firefighter I and II certification
894
training and become certified at level II in accordance with the
895
division's rules.
896
(8) "Firefighter" means any person whose responsibility is
897
the emergency response to fires and other emergencies, the
898
prevention and extinguishment of fires, the protection and saving
899
of life and property, and the enforcement of municipal, county,
900
and state fire prevention codes, as well as of any law pertaining
901
to the prevention and control of fires.
902
(9) "Firefighter I" means a person who has successfully
903
completed the firefighter I training program and is certified at
904
level I in accordance with the division's rules. Firefighter I is
905
the minimum level of certification to function as a volunteer
906
firefighter.
907
(10) "Firefighter II" means a person who has successfully
908
completed the firefighter II training program and is certified at
909
level II in accordance with the division's rules. Firefighter II
910
is the minimum level of certification to function as a career
911
firefighter as set forth in subsection (2). For purposes of this
912
chapter, a certificate of compliance at level II replaces the
913
previous certificate of compliance required to be a career
914
firefighter. Firefighters currently certified with a certificate
915
of compliance are deemed to be in compliance with the
916
requirements of this chapter and need not become certified as a
917
firefighter II.
918
(11) "Fireground resource technician" means a volunteer
919
exterior firefighter or support person who is not qualified by
920
certification to be an interior firefighter but who has completed
921
a course of instruction in accordance with the division's rules.
922
Fireground resource technician is the minimum level of
923
certification to function on the fireground in accordance with
924
division rules.
925
Section 21. Section 633.34, Florida Statutes, is amended to
926
read:
927
633.34 Firefighters; qualifications for employment.--
928
(1) Any person applying for employment as a firefighter
929
must:
930
(a)(1) Be a high school graduate or the equivalent, as the
931
term may be determined by the division, and at least 18 years of
932
age.
933
(b)(2) Never have been adjudicated guilty of, or pled
934
guilty or nolo contendere to, any:
935
1. Felony. If an applicant has been convicted of a felony,
936
the applicant is not eligible for certification until the
937
applicant complies with s. 112.011(2)(b); or
938
2. Misdemeanor involving moral turpitude, or misleading or
939
false statements relating to certification or employment as a
940
firefighter.
941
942
If an applicant has been sentenced for any conviction of a felony
943
or a misdemeanor, the applicant is not eligible for certification
944
until 4 years after the expiration of any sentence. If a sentence
945
is suspended or adjudication is withheld and a period of
946
probation is imposed, the applicant must have been released from
947
probation Neither have been convicted of a felony or of a
948
misdemeanor directly related to the position of employment
949
sought, nor have pled nolo contendere to any charge of a felony.
950
If an applicant has been convicted of a felony, such applicant
951
must be in compliance with s. 112.011(2)(b). If an applicant has
952
been convicted of a misdemeanor directly related to the position
953
of employment sought, such applicant shall be excluded from
954
employment for a period of 4 years after expiration of sentence.
955
If the sentence is suspended or adjudication is withheld in a
956
felony charge or in a misdemeanor directly related to the
957
position or employment sought and a period of probation is
958
imposed, the applicant must have been released from probation.
959
(c)(3) Pay for and submit fingerprints as directed by the
960
division Submit a fingerprint card to the division with a current
961
processing fee. The fingerprints shall fingerprint card will be
962
forwarded to the Department of Law Enforcement or and/or the
963
Federal Bureau of Investigation, or both, as directed by division
964
rule.
965
(4) Have a good moral character as determined by
966
investigation under procedure established by the division.
967
(d)(5) Be in good physical condition as determined by a
968
medical examination given by a physician, surgeon, or physician
969
assistant licensed to practice in the state pursuant to chapter
970
458; an osteopathic physician, surgeon, or physician assistant
971
licensed to practice in the state pursuant to chapter 459; or an
972
advanced registered nurse practitioner licensed to practice in
973
the state pursuant to chapter 464, who are aware of and familiar
974
with the medical requirements for training and certification as
975
stated in department rule. Such examination may include, but need
976
not be limited to, provisions of the National Fire Protection
977
Association Standard 1582. Results of this A medical examination
978
evidencing good physical condition shall be submitted to the
979
division, on a form as provided by rule, before an individual is
980
eligible for admission into a firefighter training program as
981
defined in s. 633.35.
982
(e)(6) Be a nonuser of tobacco or tobacco products for at
983
least 1 year immediately preceding application, as evidenced by
984
the sworn affidavit of the applicant.
985
(2) A person who does not hold a fire service apprentice,
986
fireground resource technician, firefighter I, or firefighter II
987
certificate may not respond or engage in hazardous operations,
988
including, but not limited to, interior structural firefighting,
989
hazardous-materials-incident mitigation, and incident command,
990
requiring the knowledge and skills taught in the training
991
programs established in s. 633.35, regardless of volunteer or
992
employment status.
993
Section 22. Section 633.35, Florida Statutes, is amended to
994
read:
995
633.35 Firefighter training and certification.--
996
(1) The division shall establish by rule a firefighter
997
training programs for certification as a fireground resource
998
technician, a fire service apprentice, a firefighter I, and a
999
firefighter II, to be program of not less than 360 hours,
1000
administered by such agencies and institutions as approved by the
1001
division in accordance with division rules it approves for the
1002
purpose of providing basic employment training for firefighters.
1003
Nothing herein shall require a public employer to pay the cost of
1004
such training.
1005
(2) The division shall issue certificates a certificate of
1006
compliance for certification as a fireground resource technician,
1007
a fire service apprentice, a firefighter I, and a firefighter II
1008
to any person who has satisfactorily completed complying with the
1009
training programs program established in subsection (1), who has
1010
successfully passed an examination as prescribed by the division,
1011
and who possesses the qualifications specified for employment in
1012
s. 633.34, except s. 633.34(5). A No person may not be employed
1013
as a career regular or permanent firefighter by an employing
1014
agency, or by a private entity under contract with the state or
1015
any political subdivision of the state, including authorities and
1016
special districts, unless certified as a firefighter II, except
1017
for an individual hired to be trained and become certified as a
1018
firefighter II. An individual hired to be trained and become
1019
certified as a firefighter II has a maximum of for a period of
1020
time in excess of 1 year from the date of initial employment to
1021
obtain the firefighter II until he or she has obtained such
1022
certificate of compliance. A person who does not hold a
1023
firefighter II certificate of compliance and is employed under
1024
this section may not directly engage in hazardous operations,
1025
such as interior structural firefighting and hazardous-materials-
1026
incident mitigation, requiring the knowledge and skills taught in
1027
a training program established in subsection (1), including
1028
incident command. However, a person who is certified and has been
1029
employed by served as a volunteer firefighter with the state or
1030
any political subdivision of the state, including authorities and
1031
special districts, who is then employed as a career regular or
1032
permanent firefighter may function, during this period, in the
1033
same capacity in which he or she acted prior to being employed as
1034
a career firefighter as a volunteer firefighter, provided that he
1035
or she has completed all training required by the volunteer
1036
organization.
1037
(3) The division may issue a certificate of compliance at
1038
the firefighter I or firefighter II level to any person who has
1039
received basic employment training for firefighters in another
1040
state when the division has determined that such training was at
1041
least equivalent to that required by the division for approved
1042
firefighter education and training programs in this state and
1043
when such person has satisfactorily complied with all other
1044
requirements of this section. The division may also issue a
1045
special certificate to a person who is otherwise qualified under
1046
this section and who is employed as the administrative and
1047
command head of a fire/rescue/emergency services organization,
1048
based on the acknowledgment that such person is less likely to
1049
need physical dexterity and more likely to need advanced
1050
knowledge of firefighting and supervisory skills. The certificate
1051
is valid only while the person is serving in a position as an
1052
administrative and command head of a fire/rescue/emergency
1053
services organization and must be obtained prior to employment in
1054
such capacity.
1055
(4) A person who fails an examination given under this
1056
section may retake the examination once within 6 months after the
1057
original examination date. An applicant who does not pass retake
1058
the examination within such time must repeat or take the
1059
applicable training program Minimum Standards Course, pursuant to
1060
subsection (1), before being reexamined. The division may
1061
establish reasonable preregistration deadlines for such
1062
reexaminations.
1063
(5) Pursuant to s. 590.02(1)(e), the division shall
1064
establish a structural fire training program of not less than 40
1065
hours. The division shall issue to any person satisfactorily
1066
complying with this training program and who has successfully
1067
passed an examination as prescribed by the division and who has
1068
met the requirements of s. 590.02(1)(e) a Certificate of Forestry
1069
Firefighter.
1070
(6) A certified forestry firefighter is entitled to the
1071
same rights, privileges, and benefits provided for by law as a
1072
career certified firefighter. For the purposes of this statute,
1073
forestry compliance certification is equivalent to firefighter
1074
II.
1075
Section 23. Section 633.351, Florida Statutes, is amended
1076
to read:
1077
633.351 Disciplinary action; firefighters; standards for
1078
revocation of certification.--
1079
(1) The certification of a firefighter shall be revoked if
1080
evidence is found that the certification was improperly issued by
1081
the division or if evidence is found that the certification was
1082
issued on the basis of false, incorrect, incomplete, or
1083
misleading information.
1084
(2) The certification of a firefighter who has been
1085
adjudicated guilty of, or pled guilty or nolo contendere to, any
1086
felony, or any misdemeanor involving moral turpitude, or
1087
misleading or false statements relating to the certification or
1088
employment as a firefighter, shall be revoked. In the case of a
1089
felony, the certification may not be reinstated is convicted of a
1090
felony, or who is convicted of a misdemeanor relating to
1091
misleading or false statements, or who pleads nolo contendere to
1092
any charge of a felony shall be revoked until the firefighter
1093
complies with s. 112.011(2)(b). However, if sentence upon such
1094
felony or such misdemeanor charge is suspended or adjudication is
1095
withheld, the firefighter's revocation of certification shall
1096
continue for a period of 4 years after expiration of completion
1097
of any probation before the applicant is eligible for
1098
recertification be revoked until she or he completes any
1099
probation.
1100
(3) It is a violation of certification for any career
1101
firefighter as defined in this chapter, whose initial employment
1102
date is on or after July 1, 2008, to use tobacco products. An
1103
investigation by the local firefighter employer which determines
1104
such use, confirmed by legal means such as nicotine or cotinine
1105
testing, shall result in the suspension of the firefighter's
1106
state certification, requiring suspension or termination of
1107
employment. The division shall adopt rules setting forth the
1108
criteria for testing, investigation, and notification of the
1109
division by the local firefighter employer of violations, actions
1110
to be taken by the division, reinstatement of certification with
1111
appropriate medical approval and surveillance, and the number of
1112
violations allowed before permanent revocation of firefighter
1113
certification.
1114
Section 24. Section 633.352, Florida Statutes, is amended
1115
to read:
1116
633.352 Retention of firefighter certification.--
1117
(1) Any certified firefighter who has not been active as a
1118
firefighter, or as a volunteer firefighter with an organized fire
1119
department, for a period of 3 years shall be required to retake
1120
and pass the written and practical portions portion of the
1121
minimum standards state examination specified in division rules
1122
rule 4A-37.056(6)(b), Florida Administrative Code, in order to
1123
maintain her or his certification as a firefighter.; however,
1124
(2) This requirement does not apply to state-certified
1125
firefighters who are certified and employed as full-time fire
1126
safety inspectors by a fire department employing agency or to
1127
instructors regardless of their employment status instructors, as
1128
determined by the division.
1129
(3) The 3-year period begins on the date the firefighter I
1130
or firefighter II certificate of compliance is issued, or upon
1131
termination of service with an organized fire department, or upon
1132
expiration of instructor certification.
1133
Section 25. Paragraph (b) of subsection (1) and paragraph
1134
(a) of subsection (2) of section 633.382, Florida Statutes, are
1135
amended to read:
1136
633.382 Firefighters; supplemental compensation.--
1137
(1) DEFINITIONS.--As used in this section, the term:
1138
(b) "Firefighter" means any person who meets the definition
1139
of the term "firefighter" in s. 633.30(2) and (10) s. 633.30(1)
1140
who is certified in compliance with s. 633.35 and who is employed
1141
solely within the fire department of the employing agency or is
1142
employed by the division.
1143
(2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.--
1144
(a) In addition to the compensation now paid by an
1145
employing agency to a any firefighter II, every career
1146
firefighter shall be paid supplemental compensation by the
1147
employing agency when such firefighter has complied with one of
1148
the following criteria:
1149
1. Any firefighter II who receives an associate degree from
1150
an accredited a college, which degree is applicable to fire
1151
department duties, as outlined in policy guidelines of the
1152
division, shall be additionally compensated as outlined in
1153
paragraph (3)(a).
1154
2. Any firefighter II, regardless of whether or not she or
1155
he earned an associate degree earlier, who receives from an
1156
accredited college or university a bachelor's degree, which
1157
bachelor's degree is applicable to fire department duties, as
1158
outlined in policy guidelines of the division, shall receive
1159
compensation as outlined in paragraph (3)(b).
1160
Section 26. Subsection (3) is added to section 633.524,
1161
Florida Statutes, to read:
1162
633.524 Certificate and permit fees; use and deposit of
1163
collected funds.--
1164
(3) The State Fire Marshal may enter into a contract with
1165
any qualified public entity or private company in accordance with
1166
chapter 287 to provide examinations for any applicant for any
1167
examination administered under the jurisdiction of the State Fire
1168
Marshal under this chapter or any other chapter under the
1169
jurisdiction of the State Fire Marshal. The State Fire Marshal
1170
may have payments from each applicant for each examination made
1171
directly to such public entity or private company.
1172
Section 27. Subsections (1) and (4) of section 633.541,
1173
Florida Statutes, are amended to read:
1174
633.541 Contracting without certificate prohibited;
1175
violations; penalty.--
1176
(1) It is unlawful for any organization or individual to
1177
engage in the business of, the layout, fabrication, installation,
1178
inspection, alteration, repair, or service of a fire protection
1179
system, other than a preengineered system, act in the capacity of
1180
a fire protection contractor, or advertise itself as being a fire
1181
protection contractor without having been duly certified and
1182
holding a valid and existing certificate, except as hereinafter
1183
provided. The holder of a certificate used to qualify an
1184
organization must be a full-time employee of the qualified
1185
organization or business. A certificateholder who is employed by
1186
more than one fire protection contractor during the same period
1187
of time is deemed not to be a full-time employee of either
1188
contractor. The State Fire Marshal shall revoke, for a period of
1189
time determined by the State Fire Marshal, the certificate of a
1190
certificateholder who allows the use of the certificate to
1191
qualify a company of which the certificateholder is not a full-
1192
time employee. A contractor who maintains more than one place of
1193
business must employ a certificateholder at each location.
1194
Nothing in This subsection does not prohibit prohibits an
1195
employee acting on behalf of governmental entities from
1196
inspecting and enforcing firesafety codes, provided such employee
1197
is certified under s. 633.081, or an owner of a one or two family
1198
dwelling from inspecting or maintaining the fire protection
1199
system for his or her own house.
1200
(4) In addition to the penalties provided in subsection
1201
(3), a fire protection contractor certified under this chapter
1202
who violates any provision of this chapter section or who commits
1203
any act constituting cause for disciplinary action is subject to
1204
suspension or revocation of the certificate and administrative
1205
fines pursuant to s. 633.547.
1206
Section 28. Subsection (4) of section 633.72, Florida
1207
Statutes, is amended to read:
1208
633.72 Florida Fire Code Advisory Council.--
1209
(4) Each appointee shall serve a 4-year term. No member
1210
shall serve more than two consecutive terms one term. No member
1211
of the council shall be paid a salary as such member, but each
1212
shall receive travel and expense reimbursement as provided in s.
1213
112.061.
1214
Section 29. Section 633.811, Florida Statutes, is amended
1215
to read:
1216
633.811 Firefighter employer penalties.--If any firefighter
1217
employer violates or fails or refuses to comply with ss. 633.801-
1218
633.821, or with any rule adopted by the division under such
1219
sections in accordance with chapter 120 for the prevention of
1220
injuries, accidents, or occupational diseases or with any lawful
1221
order of the division in connection with ss. 633.801-633.821, or
1222
fails or refuses to furnish or adopt any safety device,
1223
safeguard, or other means of protection prescribed by division
1224
rule under ss. 633.801-633.821 for the prevention of accidents or
1225
occupational diseases, the division may issue an administrative
1226
cease and desist order, enforceable in the circuit court in the
1227
jurisdiction where the violation is occurring or has occurred,
1228
and assess an administrative fine against a firefighter employer
1229
of not less than $100 nor more than $1,000 for each violation and
1230
each day of each violation. The administrative penalty assessment
1231
shall be subject to the provisions of chapter 120. The division
1232
may also assess against the firefighter employer a civil penalty
1233
of not less than $100 nor more than $5,000 for each day the
1234
violation, omission, failure, or refusal continues after the
1235
firefighter employer has been given written notice of such
1236
violation, omission, failure, or refusal. The total penalty for
1237
each violation shall not exceed $50,000. The division shall adopt
1238
rules requiring penalties commensurate with the frequency or
1239
severity of safety violations. A hearing shall be held in the
1240
county in which the violation, omission, failure, or refusal is
1241
alleged to have occurred, unless otherwise agreed to by the
1242
firefighter employer and authorized by the division. All
1243
penalties assessed and collected under this section shall be
1244
deposited in the Insurance Regulatory Trust Fund.
1245
Section 30. Subsection (3) of section 633.821, Florida
1246
Statutes, is amended to read:
1247
633.821 Workplace safety.--
1248
(3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
1249
individuals located outside the immediately dangerous to life and
1250
health atmosphere may be assigned to an additional role, such as
1251
incident commander, pumper operator, engineer, or driver, so long
1252
as such individual is able to immediately perform assistance or
1253
rescue activities without jeopardizing the safety or health of
1254
any firefighter working at an incident. Also with respect to 29
1255
C.F.R. s. 1910.134(g)(4):
1256
(a) Each county, municipality, and special district shall
1257
implement such provision by April 1, 2002, except as provided in
1258
paragraphs (b) and (c).
1259
(b) If any county, municipality, or special district is
1260
unable to implement such provision by April 1, 2002, without
1261
adding additional personnel to its firefighting staff or
1262
expending significant additional funds, such county,
1263
municipality, or special district shall have an additional 6
1264
months within which to implement such provision. Such county,
1265
municipality, or special district shall notify the division that
1266
the 6-month extension to implement such provision is in effect in
1267
such county, municipality, or special district within 30 days
1268
after its decision to extend the time for the additional 6
1269
months. The decision to extend the time for implementation shall
1270
be made prior to April 1, 2002.
1271
(c) If, after the extension granted in paragraph (b), the
1272
county, municipality, or special district, after having worked
1273
with and cooperated fully with the division and the Firefighters
1274
Employment, Standards, and Training Council, is still unable to
1275
implement such provisions without adding additional personnel to
1276
its firefighting staff or expending significant additional funds,
1277
such municipality, county, or special district shall be exempt
1278
from the requirements of 29 C.F.R. s. 1910.134(g)(4). However,
1279
each year thereafter the division shall review each such county,
1280
municipality, or special district to determine if such county,
1281
municipality, or special district has the ability to implement
1282
such provision without adding additional personnel to its
1283
firefighting staff or expending significant additional funds. If
1284
the division determines that any county, municipality, or special
1285
district has the ability to implement such provision without
1286
adding additional personnel to its firefighting staff or
1287
expending significant additional funds, the division shall
1288
require such county, municipality, or special district to
1289
implement such provision. Such requirement by the division under
1290
this paragraph constitutes final agency action subject to chapter
1291
120.
1292
Section 31. Section 1013.12, Florida Statutes, is amended
1293
to read:
1294
1013.12 Casualty, safety, sanitation, and firesafety
1295
standards and inspection of property.--
1296
(1) FIRESAFETY.--The State Board of Education shall adopt
1297
and administer rules prescribing standards for the safety and
1298
health of occupants of educational and ancillary plants as a part
1299
of State Requirements for Educational Facilities or the Florida
1300
Building Code for educational facilities construction as provided
1301
in s. 1013.37, except that the State Fire Marshal in consultation
1302
with the Department of Education shall adopt uniform firesafety
1303
standards for educational and ancillary plants and educational
1304
facilities, as provided in s. 633.022(1)(b), and a firesafety
1305
evaluation system to be used as an alternate firesafety
1306
inspection standard for existing educational and ancillary plants
1307
and educational facilities. The uniform firesafety standards and
1308
the alternate firesafety evaluation system shall be administered
1309
and enforced by local fire officials. These standards must be
1310
used by all public agencies when inspecting public educational
1311
and ancillary plants, and the firesafety standards must be used
1312
by local fire officials when performing firesafety inspections of
1313
public educational and ancillary plants and educational
1314
facilities. In accordance with such standards, each board shall
1315
prescribe policies and procedures establishing a comprehensive
1316
program of safety and sanitation for the protection of occupants
1317
of public educational and ancillary plants. Such policies must
1318
contain procedures for periodic inspections as prescribed in this
1319
section and for withdrawal of any educational and ancillary
1320
plant, or portion thereof, from use until unsafe or unsanitary
1321
conditions are corrected or removed.
1322
(2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
1323
BOARDS.--
1324
(a) Each board shall provide for periodic inspection, other
1325
than firesafety inspection, of each educational and ancillary
1326
plant at least once during each fiscal year to determine
1327
compliance with standards of sanitation and casualty safety
1328
prescribed in the rules of the State Board of Education.
1329
(b) Firesafety inspections of each educational and
1330
ancillary plant must be made annually by persons certified by the
1331
Division of State Fire Marshal to be eligible to conduct
1332
firesafety inspections in public educational and ancillary
1333
plants. Upon request of the State Fire Marshal, the board shall
1334
submit a copy of the firesafety inspection report to the State
1335
Fire Marshal and, if there is a local fire official who conducts
1336
firesafety inspections, to the local fire official.
1337
(c) In each firesafety inspection report, the board shall
1338
include a plan of action and a schedule for the correction of
1339
each deficiency which have been formulated in consultation with
1340
the local fire control authority. If immediate life-threatening
1341
deficiencies are noted in any inspection, the board shall either
1342
take action to promptly correct the deficiencies or withdraw the
1343
educational or ancillary plant from use until such time as the
1344
deficiencies are corrected.
1345
(3) INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
1346
AGENCIES.--
1347
(a) A safety or sanitation inspection of any educational or
1348
ancillary plant may be made at any time by the Department of
1349
Education or any other state or local agency authorized or
1350
required to conduct such inspections by either general or special
1351
law. Each agency conducting inspections shall use the standards
1352
adopted by the Commissioner of Education in lieu of, and to the
1353
exclusion of, any other inspection standards prescribed either by
1354
statute or administrative rule. The agency shall submit a copy of
1355
the inspection report to the board.
1356
(b) One firesafety inspection of each educational or
1357
ancillary plant must be conducted each fiscal year by the county,
1358
municipality, or special fire control district in which the plant
1359
is located using the standards adopted by the State Fire Marshal.
1360
The board shall cooperate with the inspecting authority when a
1361
firesafety inspection is made by a governmental authority under
1362
this paragraph.
1363
(c) In each firesafety inspection report, the local fire
1364
official in conjunction with the board shall include a plan of
1365
action and a schedule for the correction of each deficiency. If
1366
immediate life-threatening deficiencies are noted in any
1367
inspection, the local fire official shall either take action to
1368
require the board to promptly correct the deficiencies or
1369
withdraw the educational facility from use until the deficiencies
1370
are corrected, subject to review by the State Fire Marshal who
1371
shall act within 10 days to ensure that the deficiencies are
1372
corrected or withdraw the facility from use.
1373
(4) CORRECTIVE ACTION; DEFICIENCIES OTHER THAN FIRESAFETY
1374
DEFICIENCIES.--Upon failure of the board to take corrective
1375
action within a reasonable time, the agency making the
1376
inspection, other than a local fire official, may request the
1377
commissioner to:
1378
(a) Order that appropriate action be taken to correct all
1379
deficiencies in accordance with a schedule determined jointly by
1380
the inspecting authority and the board; in developing the
1381
schedule, consideration must be given to the seriousness of the
1382
deficiencies and the ability of the board to obtain the necessary
1383
funds; or
1384
(b) After 30 calendar days' notice to the board, order all
1385
or a portion of the educational or ancillary plant withdrawn from
1386
use until the deficiencies are corrected.
1387
(5) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
1388
FACILITIES.--
1389
(a) Firesafety inspections of community college facilities
1390
shall comply with State Board of Education rules.
1391
(b) Firesafety inspections of state universities shall
1392
comply with rules of the Board of Governors.
1393
(6) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon
1394
failure of the board to take corrective action within the time
1395
designated in the plan of action to correct any firesafety
1396
deficiency noted under paragraph (2)(c) or paragraph (3)(c), the
1397
local fire official shall immediately report the deficiency to
1398
the State Fire Marshal, who shall have enforcement authority with
1399
respect to educational and ancillary plants and educational
1400
facilities as provided in chapter 633 for any other building or
1401
structure.
1402
(7) ADDITIONAL STANDARDS.--In addition to any other rules
1403
adopted under this section or s. 633.022, the State Fire Marshal
1404
in consultation with the Department of Education shall adopt and
1405
administer rules prescribing the following standards for the
1406
safety and health of occupants of educational and ancillary
1407
plants:
1408
(a) The designation of serious life-safety hazards,
1409
including, but not limited to, nonfunctional fire alarm systems,
1410
nonfunctional fire sprinkler systems, doors with padlocks or
1411
other locks or devices that preclude egress at any time,
1412
inadequate exits, hazardous electrical system conditions,
1413
potential structural failure, and storage conditions that create
1414
a fire hazard.
1415
(b) The proper placement of functional smoke and heat
1416
detectors and accessible, unexpired fire extinguishers.
1417
(c) The maintenance of fire doors without doorstops or
1418
wedges improperly holding them open.
1419
(8) ANNUAL REPORT.--The State Fire Marshal shall publish an
1420
annual report to be filed with the substantive committees of the
1421
state House of Representatives and Senate having jurisdiction
1422
over education, the Commissioner of Education or his or her
1423
successor, the State Board of Education, the Board of Governors,
1424
and the Governor documenting the status of each board's
1425
firesafety program, including the improvement or lack thereof.
1426
Section 32. This act shall take effect July 1, 2008.
1427
1428
================ T I T L E A M E N D M E N T ================
1429
And the title is amended as follows:
1430
1431
Delete everything before the enacting clause
1432
and insert:
1433
A bill to be entitled
1434
An act relating to fire prevention and control; amending
1435
ss. 218.23 and 447.203, F.S.; revising cross-references;
1436
amending s. 553.895, F.S.; revising outdated publication
1437
references; amending s. 633.02, F.S.; providing the
1438
correct name for the State Fire Marshal; amending s.
1439
633.022, F.S.; revising provisions relating to uniform
1440
firesafety standards to include application to tunnels;
1441
revising requirements pertaining to supervised automatic
1442
sprinkler systems within nursing homes; amending s.
1443
633.0245, F.S.; changing the application deadline for
1444
participation in the State Fire Marshal Nursing Home Loan
1445
Guarantee Program; amending s. 633.025, F.S.; providing
1446
requirements for firesafety plans and inspections for
1447
manufactured buildings; amending s. 633.03, F.S.;
1448
expanding application of authority of the State Fire
1449
Marshal to investigate fires to include explosions;
1450
amending s. 633.061, F.S.; revising the type of fire
1451
suppression equipment in which a person must be licensed
1452
in order to engage in the business of servicing,
1453
inspecting, recharging, hydrotesting, or installing;
1454
revising the requirements for the renewal of a license to
1455
engage in the business of servicing, inspecting,
1456
recharging, hydrotesting, or installing fire suppression
1457
equipment; amending s. 633.081, F.S.; authorizing the
1458
State Fire Marshal to inspect buildings or structures for
1459
certain violations; abolishing special state firesafety
1460
inspector classifications; providing for certification as
1461
a firesafety inspector; providing application and
1462
examination requirements; authorizing the State Fire
1463
Marshal to develop a certain advanced training and
1464
certification program for firesafety inspectors;
1465
authorizing the Division of State Fire Marshal to enter
1466
into a reciprocity agreement with the Florida Building
1467
Code Administrators and Inspectors Board for certain
1468
continuing education recertification purposes; amending s.
1469
633.085, F.S.; revising requirements for the State Fire
1470
Marshal to inspect state buildings; amending s. 633.101,
1471
F.S.; revising and expanding the authority and powers of
1472
the State Fire Marshal to administer oaths, compel
1473
attendance of witnesses, and collect evidence; providing
1474
certain forms of immunity from liability for certain
1475
actions and persons under certain circumstances; exempting
1476
certain information from discovery under certain
1477
circumstances; exempting agents of the State Fire Marshal
1478
from subpoena under certain circumstances; specifying
1479
limitations on treatment of physical evidence; authorizing
1480
persons and agents of the State Fire Marshal to submit
1481
certain crime-related reports or information to the State
1482
Fire Marshal; authorizing agents of the State Fire Marshal
1483
to make arrests as state law enforcement officers under
1484
certain circumstances; providing that it is unlawful to
1485
resist arrest; amending s. 633.121, F.S.; expanding the
1486
list of eligible persons authorized to enforce laws and
1487
rules of the State Fire Marshal; amending s. 633.13, F.S.;
1488
revising a provision relating to the authority of agents
1489
of the State Fire Marshal; amending s. 633.14, F.S.;
1490
revising and expanding powers regarding arrests, searches,
1491
and the carrying of firearms by State Fire Marshal agents
1492
and investigators; amending s. 633.161, F.S.; expanding
1493
the list of violations for which the State Fire Marshal
1494
may issue certain enforcement orders; providing criminal
1495
penalties for failure to comply with such orders; amending
1496
s. 633.171, F.S.; conforming a provision; amending s.
1497
633.175, F.S.; specifying additional powers granted to the
1498
State Fire Marshal; amending s. 633.18, F.S.; revising a
1499
provision relating to conduct of inquiries or
1500
investigations by agents of the State Fire Marshal;
1501
amending s. 633.30, F.S.; revising and providing
1502
definitions; amending s. 633.34, F.S.; revising
1503
requirements for qualification for employment as a
1504
firefighter; amending s. 633.35, F.S.; revising
1505
requirements for firefighter training and certification;
1506
amending s. 633.351, F.S.; revising provisions for
1507
disciplinary actions for firefighters; revising standards
1508
for revocation of firefighter certifications; amending s.
1509
633.352, F.S.; revising requirements for retention of
1510
firefighter certification; amending s. 633.382, F.S.;
1511
revising provisions regarding required supplemental
1512
compensation for firefighters; amending s. 633.524, F.S.;
1513
authorizing the State Fire Marshal to contract to provide
1514
certain examinations; amending s. 633.541, F.S.; expanding
1515
an exclusion from application of a prohibition against
1516
contracting without certification for certain homeowners;
1517
amending s. 633.72, F.S.; revising the membership terms of
1518
the Fire Code Advisory Council; amending s. 633.811, F.S.;
1519
expanding authority of the division to enforce provisions
1520
of law and rules applicable to employers; authorizing
1521
assessment of administrative fines; amending s. 633.821,
1522
F.S.; deleting certain obsolete provisions requiring
1523
counties, municipalities, and special districts to
1524
implement certain provisions of federal law; amending s.
1525
1013.12, F.S.; revising provisions regarding casualty,
1526
safety, sanitation, and firesafety standards and
1527
inspections of educational facilities and ancillary plants
1528
and reporting requirements; providing an effective date.
4/16/2008 4:08:00 PM 531-07563-08
CODING: Words stricken are deletions; words underlined are additions.