Florida Senate - 2008 COMMITTEE AMENDMENT
Bill No. SB 2388
823508
Senate
Comm: RCS
4/1/2008
.
.
.
.
.
House
1
The Committee on Banking and Insurance (Bennett) recommended the
2
following amendment:
3
4
Senate Amendment (with title amendment)
5
Delete everything after the enacting clause
6
and insert:
7
Section 1. Paragraph (e) of subsection (1) of section
8
218.23, Florida Statutes, is amended to read:
9
218.23 Revenue sharing with units of local government.--
10
(1) To be eligible to participate in revenue sharing beyond
11
the minimum entitlement in any fiscal year, a unit of local
12
government is required to have:
13
(e) Certified that persons in its employ as firefighters,
14
as defined in s. 633.30 s. 633.30(1), meet the qualification for
15
employment as established by the Division of State Fire Marshal
16
pursuant to the provisions of ss. 633.34 and 633.35 and that the
17
provisions of s. 633.382 have been met.
18
19
Additionally, to receive its share of revenue sharing funds, a
20
unit of local government shall certify to the Department of
21
Revenue that the requirements of s. 200.065, if applicable, were
22
met. The certification shall be made annually within 30 days of
23
adoption of an ordinance or resolution establishing a final
24
property tax levy or, if no property tax is levied, not later
25
than November 1. The portion of revenue sharing funds which,
26
pursuant to this part, would otherwise be distributed to a unit
27
of local government which has not certified compliance or has
28
otherwise failed to meet the requirements of s. 200.065 shall be
29
deposited in the General Revenue Fund for the 12 months following
30
a determination of noncompliance by the department.
31
Section 2. Paragraph (b) of subsection (4) of section
32
447.203, Florida Statutes, is amended to read:
33
447.203 Definitions.--As used in this part:
34
(4) "Managerial employees" are those employees who:
35
(b) Serve as police chiefs, fire chiefs, or directors of
36
public safety of any police, fire, or public safety department.
37
Other police officers, as defined in s. 943.10(1), and
38
firefighters, as defined in s. 633.30 s. 633.30(1), may be
39
determined by the commission to be managerial employees of such
40
departments. In making such determinations, the commission shall
41
consider, in addition to the criteria established in paragraph
42
(a), the paramilitary organizational structure of the department
43
involved.
44
45
However, in determining whether an individual is a managerial
46
employee pursuant to either paragraph (a) or paragraph (b),
47
above, the commission may consider historic relationships of the
48
employee to the public employer and to coemployees.
49
Section 3. Subsection (1) of section 553.895, Florida
50
Statutes, is amended to read:
51
553.895 Firesafety.--
52
(1) Any transient public lodging establishment, as defined
53
in chapter 509 and used primarily for transient occupancy as
54
defined in s. 83.43(10), or any timeshare unit of a timeshare
55
plan as defined in chapters 718 and 721, which is of three
56
stories or more and for which the construction contract has been
57
let after September 30, 1983, with interior corridors which do
58
not have direct access from the guest area to exterior means of
59
egress and on buildings over 75 feet in height that have direct
60
access from the guest area to exterior means of egress and for
61
which the construction contract has been let after September 30,
62
1983, shall be equipped with an automatic sprinkler system
63
installed in compliance with the current edition of the
64
applicable fire sprinkler standards adopted by the State Fire
65
Marshal. the provisions prescribed in the National Fire
66
Protection Association publication NFPA No. 13 (1985), "Standards
67
for the Installation of Sprinkler Systems." Each guest room and
68
each timeshare unit shall be equipped with an approved listed
69
single-station smoke detector meeting the minimum requirements of
70
NFPA 72, the current edition adopted by the State Fire Marshal,
71
74 (1984) "Standards for the Installation, Maintenance and Use of
72
Household Fire Warning Equipment," powered from the building
73
electrical service, notwithstanding the number of stories in the
74
structure, if the contract for construction is let after
75
September 30, 1983. Single-station smoke detectors shall not be
76
required when guest rooms or timeshare units contain smoke
77
detectors connected to a central alarm system which also alarms
78
locally.
79
Section 4. Subsection (7) of section 633.01, Florida
80
Statutes, is amended to read:
81
633.01 State Fire Marshal; powers and duties; rules.--
82
(7) The State Fire Marshal shall adopt and administer rules
83
prescribing standards for the safety and health of occupants of
84
educational and ancillary facilities pursuant to ss. 633.022,
85
1013.12, 1013.37, and 1013.371. In addition, in any county that
86
does not employ or appoint a local fire official, the State Fire
87
Marshal shall assume the duties of the local fire official with
88
respect to firesafety inspections of educational property
89
required under s. 1013.12(3)(b), and the State Fire Marshal may
90
take necessary corrective action as authorized under s.
91
1013.12(6).
92
Section 5. Section 633.02, Florida Statutes, is amended to
93
read:
94
633.02 Agents; powers and duties; compensation.--The State
95
Fire Marshal shall appoint such agents as may be necessary to
96
carry out effectively the provisions of this chapter, who shall
97
be reimbursed for travel expenses as provided in s. 112.061, in
98
addition to their salary, when traveling or making investigations
99
in the performance of their duties. Such agents shall be at all
100
times under the direction and control of the State Fire Marshal,
101
who shall fix their compensation, and all orders shall be issued
102
in the State Fire Marshal's name and by her or his authority.
103
Section 6. Paragraph (b) of subsection (1) and paragraph
104
(a) of subsection (4) of section 633.022, Florida Statutes, are
105
amended to read:
106
633.022 Uniform firesafety standards.--The Legislature
107
hereby determines that to protect the public health, safety, and
108
welfare it is necessary to provide for firesafety standards
109
governing the construction and utilization of certain buildings
110
and structures. The Legislature further determines that certain
111
buildings or structures, due to their specialized use or to the
112
special characteristics of the person utilizing or occupying
113
these buildings or structures, should be subject to firesafety
114
standards reflecting these special needs as may be appropriate.
115
(1) The department shall establish uniform firesafety
116
standards that apply to:
117
(b) All new, existing, and proposed hospitals, nursing
118
homes, assisted living facilities, adult family-care homes,
119
correctional facilities, public schools, transient public lodging
120
establishments, public food service establishments, elevators,
121
migrant labor camps, mobile home parks, lodging parks,
122
recreational vehicle parks, recreational camps, residential and
123
nonresidential child care facilities, facilities for the
124
developmentally disabled, motion picture and television special
125
effects productions, tunnels, and self-service gasoline stations,
126
of which standards the State Fire Marshal is the final
127
administrative interpreting authority.
128
129
If In the event there is a dispute between the owners of the
130
buildings specified in paragraph (b) and a local authority
131
requiring a more stringent uniform firesafety standard for
132
sprinkler systems, the State Fire Marshal shall be the final
133
administrative interpreting authority and the State Fire
134
Marshal's interpretation regarding the uniform firesafety
135
standards shall be considered final agency action.
136
(4)(a) Notwithstanding any provision of law to the
137
contrary, each nursing home licensed under part II of chapter 400
138
shall be protected throughout by an approved, supervised
139
automatic sprinkler system in accordance with s. 9 of National
140
Fire Protection Association, Inc., Life Safety Code, in
141
accordance with the following schedule:
142
1. Each hazardous area of each nursing home shall be
143
protected by an approved, supervised automatic sprinkler system
144
by no later than December 31, 2008.
145
2. Each entire nursing home shall be protected by an
146
approved, supervised automatic sprinkler system by no later than
147
December 31, 2010.
148
Section 7. Section 633.0221, Florida Statutes, is created
149
to read:
150
633.0221 Firesafety in educational facilities.--
151
(1) UNIFORM FIRESAFETY STANDARDS.--The State Fire Marshal,
152
in consultation with the Department of Education, shall adopt
153
uniform firesafety standards for educational and ancillary plants
154
and educational facilities, as provided in s. 633.022(1)(b), and
155
a firesafety evaluation system to be used as an alternate
156
firesafety inspection standard for existing educational and
157
ancillary plants and educational facilities. The uniform
158
firesafety standards and the alternate firesafety evaluation
159
system shall be administered and enforced by local fire
160
officials. These standards shall be used by all public agencies
161
when inspecting public educational and ancillary plants, and the
162
firesafety standards shall be used by local fire officials when
163
performing firesafety inspections of public educational and
164
ancillary plants and educational facilities.
165
(2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
166
BOARDS.--
167
(a) Firesafety inspections of each educational and
168
ancillary plant shall be made annually by persons certified by
169
the Division of State Fire Marshal to be eligible to conduct
170
firesafety inspections in public educational and ancillary
171
plants. Upon request of the State Fire Marshal, the board shall
172
submit a copy of the firesafety inspection report to the State
173
Fire Marshal and, if there is a local fire official who conducts
174
firesafety inspections, to the local fire official.
175
(b) In each firesafety inspection report, the board shall
176
include a plan of action and a schedule for the correction of
177
each deficiency which have been formulated in consultation with
178
the local fire control authority. If immediate life-threatening
179
deficiencies are noted in any inspection, the board shall take
180
action to promptly correct the deficiencies or withdraw the
181
educational or ancillary plant from use until such time as the
182
deficiencies are corrected.
183
(3) INSPECTION OF EDUCATIONAL PROPERTY BY THE STATE FIRE
184
MARSHAL.--
185
(a) One firesafety inspection of each educational or
186
ancillary plant must be conducted each fiscal year by the county,
187
municipality, or special fire control district in which the plant
188
is located using the standards adopted by the State Fire Marshal.
189
The board shall cooperate with the inspecting authority when a
190
firesafety inspection is made by a governmental authority under
191
this paragraph.
192
(b) In each firesafety inspection report, the local fire
193
official, in conjunction with the board, shall include a plan of
194
action and a schedule for the correction of each deficiency. If
195
immediate life-threatening deficiencies are noted in any
196
inspection, the local fire official shall take action to require
197
the board to promptly correct the deficiencies or withdraw the
198
educational facility from use until the deficiencies are
199
corrected, subject to review by the State Fire Marshal, who shall
200
act within 10 days to ensure that the deficiencies are corrected
201
or withdraw the facility from use.
202
(4) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
203
FACILITIES.--
204
(a) Firesafety inspections of community college facilities
205
shall comply with the applicable rules of the State Fire Marshal.
206
(b) Firesafety inspections of state universities shall
207
comply with rules of the State Fire Marshal related to state-
208
owned buildings.
209
(5) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon
210
failure of the board to take corrective action within the time
211
designated in the plan of action to correct any firesafety
212
deficiency noted under paragraph (2)(b) or paragraph (3)(b), the
213
local fire official shall immediately report the deficiency to
214
the State Fire Marshal, who shall have enforcement authority with
215
respect to educational and ancillary plants and educational
216
facilities as provided in this chapter for a violation or
217
deficiency of any other building, structure, or facility.
218
(6) ADDITIONAL STANDARDS.--In addition to any other rules
219
adopted under this section or s. 633.022, the State Fire Marshal,
220
in consultation with the Department of Education, shall adopt and
221
administer rules prescribing the following standards for the
222
safety and health of occupants of educational and ancillary
223
plants:
224
(a) The designation of serious life-threatening hazards,
225
including, but not limited to, nonfunctional fire alarm systems,
226
nonfunctional fire sprinkler systems, doors with padlocks or
227
other locks or devices that preclude egress at any time,
228
inadequate exits, hazardous electrical system conditions,
229
potential structural failure, and storage conditions that create
230
a fire hazard.
231
(b) The proper placement of functional smoke and heat
232
detectors and accessible, unexpired fire extinguishers.
233
(c) The maintenance of fire doors without doorstops or
234
wedges improperly holding them open.
235
Section 8. Subsection (9) of section 633.0245, Florida
236
Statutes, is amended to read:
237
633.0245 State Fire Marshal Nursing Home Fire Protection
238
Loan Guarantee Program.--
239
(9) An No application for participation in the State Fire
240
Marshal Nursing Home Fire Protection Loan Guarantee Program may
241
not be accepted by the State Fire Marshal after July 1, 2009 June
242
30, 2006.
243
Section 9. Subsection (11) is added to section 633.025,
244
Florida Statutes, to read:
245
633.025 Minimum firesafety standards.--
246
(11)(a) The plans for, and inspections of, manufactured
247
buildings may be completed at the point of manufacture as long as
248
the following requirements are met:
249
1. The person reviewing the plans and inspecting the
250
manufactured or prototype building must be currently certified as
251
a firesafety inspector under s. 633.081(2); and
252
2. The manufacturer's modular data plate, stating that the
253
building is in compliance with chapter 633 and the rules of the
254
department, has been affixed to the building.
255
(b) The local fire official shall recognize and approve
256
such manufactured building, subject to local fire code
257
amendments, acceptable performance testing of life safety
258
systems, and site conditions. The cost of any additional work
259
necessary to meet these requirements, if any, shall be born by
260
the manufacturer. The department is authorized to adopt rules to
261
administer this subsection.
262
Section 10. Section 633.03, Florida Statutes, is amended to
263
read:
264
633.03 Investigation of fires and explosions fire;
265
reports.--The State Fire Marshal shall investigate the cause,
266
origin, and circumstances of every fire or explosion occurring in
267
this state wherein the State Fire Marshal deems an investigation
268
is necessary and property has been damaged or destroyed where
269
there is probable cause to believe that the fire or explosion was
270
the result of carelessness or design. Report of all such
271
investigations shall be made on approved forms to be furnished by
272
the State Fire Marshal.
273
Section 11. Subsections (1) and (2), and paragraph (a) of
274
subsection (3) of section 633.061, Florida Statutes, are amended
275
to read:
276
633.061 Fire suppression equipment; license to install or
277
maintain.--
278
(1) It is unlawful for any organization or individual to
279
engage in the business of servicing, repairing, recharging,
280
testing, marking, inspecting, installing, or hydrotesting any
281
fire extinguisher or preengineered system in this state except in
282
conformity with the provisions of this chapter. Each organization
283
or individual that engages in such activity must possess a valid
284
and subsisting license issued by the State Fire Marshal. All fire
285
extinguishers and preengineered systems required by statute or by
286
rule must be serviced by an organization or individual licensed
287
under the provisions of this chapter. A licensee who receives
288
appropriate training shall not be prohibited by a manufacturer
289
from servicing any particular brand of fire extinguisher or
290
preengineered system. The licensee is legally qualified to act
291
for the business organization in all matters connected with its
292
business, and the licensee must supervise all activities
293
undertaken by such business organization. Each licensee shall
294
maintain a specific business location. A further requirement, in
295
the case of multiple locations where such servicing or recharging
296
is taking place, is that each licensee who maintains more than
297
one place of business where actual work is carried on must
298
possess an additional license, as set forth in this section, for
299
each location, except that a licensed individual may not qualify
300
for more than five locations. A licensee is limited to a specific
301
type of work performed depending upon the class of license held.
302
Licenses and license fees are required for the following:
303
(a) Class A....$250
304
To service, recharge, repair, install, or inspect all types of
305
fire extinguishers and to conduct hydrostatic tests on all types
306
of fire extinguishers.
307
(b) Class B....$150
308
To service, recharge, repair, install, or inspect all types of
309
fire extinguishers, including recharging carbon dioxide units and
310
conducting hydrostatic tests on all types of fire extinguishers,
311
except carbon dioxide units.
312
(c) Class C....$150
313
To service, recharge, repair, install, or inspect all types of
314
fire extinguishers, except recharging carbon dioxide units, and
315
to conduct hydrostatic tests on all types of fire extinguishers,
316
except carbon dioxide units.
317
(d) Class D....$200
318
To service, repair, recharge, hydrotest, install, or inspect all
319
types of preengineered fire extinguishing systems.
320
(e) Licenses issued as duplicates or to reflect a change of
321
address....$10
322
323
Any fire equipment dealer licensed pursuant to this subsection
324
who does not want to engage in the business of servicing,
325
inspecting, recharging, repairing, hydrotesting, or installing
326
clean agent halon equipment must file an affidavit on a form
327
provided by the division so stating. Licenses will be issued by
328
the division to reflect the work authorized thereunder. It is
329
unlawful, unlicensed activity for any person or firm to falsely
330
hold himself or herself or a business organization out to perform
331
any service, inspection, recharge, repair, hydrotest, or
332
installation except as specifically described in the license.
333
(2) Each individual actually performing the work of
334
servicing, recharging, repairing, hydrotesting, installing,
335
testing, or inspecting fire extinguishers or preengineered
336
systems must possess a valid and subsisting permit issued by the
337
State Fire Marshal. Permittees are limited as to specific type of
338
work performed to allow work no more extensive than the class of
339
license held by the licensee under whom the permittee is working.
340
Permits will be issued by the division and the fees required are
341
as follows:
342
(a) Portable permit....$90
343
"Portable permittee" means a person who is limited to performing
344
work no more extensive than the employing licensee in the
345
servicing, recharging, repairing, installing, or inspecting all
346
types of portable fire extinguishers.
347
(b) Preengineered permit....$120
348
"Preengineered permittee" means a person who is limited to the
349
servicing, recharging, repairing, installing, or inspecting of
350
all types of preengineered fire extinguishing systems.
351
(c) Permits issued as duplicates or to reflect a change of
352
address....$10
353
354
Any fire equipment permittee licensed pursuant to this subsection
355
who does not want to engage in servicing, inspecting, recharging,
356
repairing, hydrotesting, or installing clean agent halon
357
equipment must file an affidavit on a form provided by the
358
division so stating. Permits will be issued by the division to
359
reflect the work authorized thereunder. It is unlawful,
360
unlicensed activity for any person or firm to falsely hold
361
himself or herself out to perform any service, inspection,
362
recharge, repair, hydrotest, or installation except as
363
specifically described in the permit.
364
(3)(a) Such licenses and permits shall be issued by the
365
State Fire Marshal for 2 years beginning January 1, 2000, and
366
each 2-year period thereafter and expiring December 31 of the
367
second year. All licenses or permits issued will expire on
368
December 31 of each odd-numbered year. The failure to renew a
369
license or permit by December 31 of the second year will cause
370
the license or permit to become inoperative. The holder of an
371
inoperative license or permit shall not engage in any activities
372
for which a license or permit is required by this section. A
373
license or permit which is inoperative because of the failure to
374
renew it shall be restored upon payment of the applicable fee
375
plus a penalty equal to the applicable fee, if the application
376
for renewal is filed no later than the following March 31. If the
377
application for restoration is not made before the March 31st
378
deadline, the fee for restoration shall be equal to the original
379
application fee and the penalty provided for herein, and, in
380
addition, the State Fire Marshal shall require reexamination of
381
the applicant. The fee for a license or permit issued for 1 year
382
or less shall be prorated at 50 percent of the applicable fee for
383
a biennial license or permit. Following the initial licensure,
384
each licensee or permittee shall successfully complete a course
385
or courses of continuing education for fire equipment technicians
386
of at least 16 32 hours. A license or permit may not be renewed
387
unless the licensee or permittee produces documentation of the
388
completion of at least 16 hours of continuing education for fire
389
equipment technicians during the biennial licensure period within
390
4 years of initial issuance of a license or permit and within
391
each 4-year period thereafter or no such license or permit shall
392
be renewed. A person who is both a licensee and a permittee shall
393
be required to complete a total of 16 32 hours of continuing
394
education during each renewal per 4-year period. Each licensee
395
shall ensure that all permittees in his or her employment meet
396
their continuing education requirements. The State Fire Marshal
397
shall adopt rules describing the continuing education
398
requirements and shall have the authority upon reasonable belief,
399
to audit a fire equipment dealer to determine compliance with
400
continuing education requirements.
401
Section 12. Section 633.081, Florida Statutes, is amended
402
to read:
403
633.081 Inspection of buildings and equipment; orders;
404
firesafety inspection training requirements; certification;
405
disciplinary action.--The State Fire Marshal and her or his
406
agents may shall, at any reasonable hour, when the department has
407
reasonable cause to believe that a violation of this chapter or
408
s. 509.215, or a rule promulgated thereunder, or a minimum
409
firesafety code adopted by the State Fire Marshal or a local
410
authority, may exist, inspect any and all buildings and
411
structures which are subject to the requirements of this chapter
412
or s. 509.215 and rules promulgated thereunder. The authority to
413
inspect shall extend to all equipment, vehicles, and chemicals
414
which are located on or within the premises of any such building
415
or structure.
416
(1) Each county, municipality, and special district that
417
has firesafety enforcement responsibilities shall employ or
418
contract with a firesafety inspector. The firesafety inspector
419
must conduct all firesafety inspections that are required by law.
420
The governing body of a county, municipality, or special district
421
that has firesafety enforcement responsibilities may provide a
422
schedule of fees to pay only the costs of inspections conducted
423
pursuant to this subsection and related administrative expenses.
424
Two or more counties, municipalities, or special districts that
425
have firesafety enforcement responsibilities may jointly employ
426
or contract with a firesafety inspector.
427
(2) Every firesafety inspection conducted pursuant to state
428
or local firesafety requirements shall be by a person certified
429
as having met the inspection training requirements set by the
430
State Fire Marshal. Such person shall:
431
(a) Be a high school graduate or the equivalent as
432
determined by the department;
433
(b) Not have been found guilty of, or having pleaded guilty
434
or nolo contendere to, a felony or a crime punishable by
435
imprisonment of 1 year or more under the law of the United
436
States, or of any state thereof, which involves moral turpitude,
437
without regard to whether a judgment of conviction has been
438
entered by the court having jurisdiction of such cases;
439
(c) Have her or his fingerprints on file with the
440
department or with an agency designated by the department;
441
(d) Have good moral character as determined by the
442
department;
443
(e) Be at least 18 years of age;
444
(f) Have satisfactorily completed the firesafety inspector
445
certification examination as prescribed by the department; and
446
(g)1. Have satisfactorily completed, as determined by the
447
department, a firesafety inspector training program of not less
448
than 200 hours established by the department and administered by
449
agencies and institutions approved by the department for the
450
purpose of providing basic certification training for firesafety
451
inspectors; or
452
2. Have received in another state training which is
453
determined by the department to be at least equivalent to that
454
required by the department for approved firesafety inspector
455
education and training programs in this state.
456
(3)(a)1. Effective July 1, 2011, the classification of
457
special state firesafety inspector is abolished and all special
458
state firesafety inspector certifications expire at midnight June
459
30, 2011.
460
2. Any person who is a special state firesafety inspector
461
on June 30, 2011, and who has failed to comply with paragraph (b)
462
or paragraph (c) is not permitted to perform any firesafety
463
inspection required by law.
464
3. A special state firesafety inspector certification may
465
not be awarded after June 30, 2008.
466
(b)1. Any person who is a special state firesafety
467
inspector on July 1, 2008, and who has at least 5 years of
468
experience as a special state firesafety inspector as of July 1,
469
2008, may take the same firesafety inspection examination as
470
provided in paragraph (2)(f) for firesafety inspectors prior to
471
July 1, 2011, to be certified as a firesafety inspector described
472
in subsection (2).
473
2. Upon passing the examination, such person shall be
474
certified as a firesafety inspector as provided in subsection
475
(2).
476
3. Failure to obtain certification requires compliance with
477
paragraph (c) to be certified as a firesafety inspector as
478
provided in subsection (2).
479
(c)1. To be certified as a firesafety inspector as provided
480
in subsection (2), any person who:
481
a. Is a special state firesafety inspector on July 1, 2008,
482
and who does not have 5 years of experience as a special state
483
firesafety inspector as of July 1, 2008; or
484
b. Has 5 years of experience as a special state firesafety
485
inspector but has failed the examination taken pursuant to
486
paragraph (b),
487
488
must take an additional 80 hours of the courses described in
489
paragraph (2)(g).
490
2. After successfully completing the courses described in
491
this paragraph, such person is permitted to take the firesafety
492
inspection examination described in paragraph (2)(f), if such
493
examination is taken before July 1, 2011.
494
3. Upon passing the examination, such person shall become
495
certified as a firesafety inspector as provided in subsection
496
(2).
497
4. A person who fails the course of study or the
498
examination described in this paragraph may not perform any
499
firesafety inspection required by law on or after July 1, 2011
500
Each special state firesafety inspection which is required by law
501
and is conducted by or on behalf of an agency of the state must
502
be performed by an individual who has met the provision of
503
subsection (2), except that the duration of the training program
504
shall not exceed 120 hours of specific training for the type of
505
property that such special state firesafety inspectors are
506
assigned to inspect.
507
(4) A firefighter certified pursuant to s. 633.35 may
508
conduct firesafety inspections, under the supervision of a
509
certified firesafety inspector, while on duty as a member of a
510
fire department company conducting inservice firesafety
511
inspections without being certified as a firesafety inspector, if
512
such firefighter has satisfactorily completed an inservice fire
513
department company inspector training program of at least 24
514
hours' duration as provided by rule of the department.
515
(5) Every firesafety inspector or special state firesafety
516
inspector certificate is valid for a period of 3 years from the
517
date of issuance. Renewal of certification shall be subject to
518
the affected person's completing proper application for renewal
519
and meeting all of the requirements for renewal as established
520
under this chapter or by rule adopted promulgated thereunder,
521
which shall include completion of at least 40 hours during the
522
preceding 3-year period of continuing education as required by
523
the rule of the department or, in lieu thereof, successful
524
passage of an examination as established by the department.
525
(6) The State Fire Marshal may deny, refuse to renew,
526
suspend, or revoke the certificate of a firesafety inspector or
527
special state firesafety inspector if it finds that any of the
528
following grounds exist:
529
(a) Any cause for which issuance of a certificate could
530
have been refused had it then existed and been known to the State
531
Fire Marshal.
532
(b) Violation of this chapter or any rule or order of the
533
State Fire Marshal.
534
(c) Falsification of records relating to the certificate.
535
(d) Having been found guilty of or having pleaded guilty or
536
nolo contendere to a felony, whether or not a judgment of
537
conviction has been entered.
538
(e) Failure to meet any of the renewal requirements.
539
(f) Having been convicted of a crime in any jurisdiction
540
which directly relates to the practice of fire code inspection,
541
plan review, or administration.
542
(g) Making or filing a report or record that the
543
certificateholder knows to be false, or knowingly inducing
544
another to file a false report or record, or knowingly failing to
545
file a report or record required by state or local law, or
546
knowingly impeding or obstructing such filing, or knowingly
547
inducing another person to impede or obstruct such filing.
548
(h) Failing to properly enforce applicable fire codes or
549
permit requirements within this state which the certificateholder
550
knows are applicable by committing willful misconduct, gross
551
negligence, gross misconduct, repeated negligence, or negligence
552
resulting in a significant danger to life or property.
553
(i) Accepting labor, services, or materials at no charge or
554
at a noncompetitive rate from any person who performs work that
555
is under the enforcement authority of the certificateholder and
556
who is not an immediate family member of the certificateholder.
557
For the purpose of this paragraph, the term "immediate family
558
member" means a spouse, child, parent, sibling, grandparent,
559
aunt, uncle, or first cousin of the person or the person's spouse
560
or any person who resides in the primary residence of the
561
certificateholder.
562
(7) The department shall provide by rule for the
563
certification of firesafety inspectors.
564
(8) The State Fire Marshal may develop by rule an advanced
565
training and certification program for firesafety inspectors with
566
fire code management responsibility. This program shall be
567
consistent with national standards. The program shall establish
568
minimum training, education, and experience levels for fire
569
safety inspectors with fire code management responsibilities.
570
(9) The Division of State Fire Marshal may enter into a
571
reciprocity agreement with the Florida Building Code
572
Administrators and Inspectors Board, established pursuant to s.
573
468.605, to facilitate joint recognition of continuing education
574
recertification hours for certificateholders licensed in
575
accordance with s. 468.609 and firesafety inspectors certified in
576
accordance with subsection (2).
577
Section 13. Paragraph (a) of subsection (1), and
578
subsections (2), (3), and (4) of section 633.085, Florida
579
Statutes, are amended to read:
580
633.085 Inspections of state buildings and premises; tests
581
of firesafety equipment; building plans to be approved.--
582
(1)(a) It is the duty of the State Fire Marshal and her or
583
his agents to inspect, or cause to be inspected, each state-owned
584
building and each building located on land owned by the state and
585
used primarily for state purposes as determined by the State Fire
586
Marshal, such buildings to be referred to in this section as a
587
state-owned building or state-owned buildings, on a recurring
588
basis established by rule, and to ensure that high-hazard
589
occupancies are inspected at least annually, for the purpose of
590
ascertaining and causing to be corrected any conditions liable to
591
cause fire or endanger life from fire and any violation of the
592
firesafety standards for state-owned buildings, the provisions of
593
this chapter, or the rules or regulations adopted and promulgated
594
pursuant hereto. The State Fire Marshal shall, within 7 days
595
following an inspection, submit a report of such inspection to
596
the head of the department of state government responsible for
597
the building.
598
(2) The State Fire Marshal and her or his agents may shall
599
conduct performance tests on any electronic fire warning and
600
smoke detection system, and any pressurized air-handling unit, in
601
any state-owned building or state-leased space on a recurring
602
basis as provided in subsection (1). The State Fire Marshal and
603
her or his agents shall also ensure that fire drills are
604
conducted in all high-hazard state-owned buildings or high-hazard
605
state-leased high-hazard occupancies at least annually.
606
(3) All construction of any new, or renovation, alteration,
607
or change of occupancy of any existing, state-owned building or
608
state-leased space shall comply with the uniform firesafety
609
standards of the State Fire Marshal.
610
(a) For all new construction or renovation, alteration, or
611
change of occupancy of state-leased space, compliance with the
612
uniform firesafety standards shall be determined by reviewing the
613
plans for the proposed construction or occupancy submitted by the
614
lessor to the Division of State Fire Marshal for review and
615
approval prior to commencement of construction or occupancy,
616
which review shall be completed within 10 working days after
617
receipt of the plans by the Division of State Fire Marshal.
618
(b) The plans for all construction of any new, or
619
renovation or alteration of any existing, state-owned building
620
are subject to the review and approval of the Division of State
621
Fire Marshal for compliance with the uniform firesafety standards
622
prior to commencement of construction or change of occupancy,
623
which review shall be completed within 30 calendar days of
624
receipt of the plans by the Division of State Fire Marshal.
625
(4) The Division of State Fire Marshal may inspect state-
626
owned buildings and space and state-leased space as necessary
627
prior to occupancy or during construction, renovation, or
628
alteration to ascertain compliance with the uniform firesafety
629
standards. Whenever the Division of State Fire Marshal determines
630
by virtue of such inspection or by review of plans that
631
construction, renovation, or alteration of state-owned buildings
632
and state-leased space is not in compliance with the uniform
633
firesafety standards, the Division of State Fire Marshal shall
634
issue an order to cease construction, renovation, or alteration,
635
or to preclude occupancy, of a building until compliance is
636
obtained, except for those activities required to achieve such
637
compliance.
638
Section 14. Section 633.101, Florida Statutes, is amended
639
to read:
640
633.101 Hearings; investigations; investigatory powers of
641
State Fire Marshal; costs of service and witness fees.--
642
(1) The State Fire Marshal may in his or her discretion
643
take or cause to be taken the testimony on oath of all persons
644
whom he or she believes to be cognizant of any facts in relation
645
to matters under investigation. The State Fire Marshal may
646
administer oaths and affirmations, compel the attendance of
647
witnesses or proffering of matter, and collect evidence.
648
(2) If the State Fire Marshal seeks to obtain by request
649
any matter that, or the testimony of any person who is, located
650
outside the state, the person requested shall provide the
651
testimony to the State Fire Marshal or make the matter available
652
to the State Fire Marshal to examine at the place where the
653
matter is located. The State Fire Marshal may designate
654
representatives, including officials of the state in which the
655
matter is located, to inspect the matter on behalf of the State
656
Fire Marshal, and the State Fire Marshal may respond to similar
657
requests from officials of other states. If the State Fire
658
Marshal shall be of the opinion that there is sufficient evidence
659
to charge any person with an offense, he or she shall cause the
660
arrest of such person and shall furnish to the prosecuting
661
officer of any court having jurisdiction of said offense all
662
information obtained by him or her, including a copy of all
663
pertinent and material testimony taken, together with the names
664
and addresses of all witnesses. In the conduct of such
665
investigations, the fire marshal may request such assistance as
666
may reasonably be given by such prosecuting officers and other
667
local officials.
668
(3)(a) The State Fire Marshal may request that an
669
individual who refuses to comply with any request made under
670
subsection (2) be ordered by the circuit court to provide the
671
testimony or matter. The court may not order such compliance
672
unless the State Fire Marshal has demonstrated to the
673
satisfaction of the court that the testimony of the witness or
674
the matter under request has a direct bearing on matter under the
675
jurisdiction of the State Fire Marshal, constitutes a felony or
676
misdemeanor under this chapter, the Florida Insurance Code, or a
677
fraudulent insurance act or act of arson, or is pertinent and
678
necessary to further such investigation.
679
(b) Except in a prosecution for perjury, an individual who
680
complies with a court order to provide testimony or matter after
681
asserting a privilege against self-incrimination to which the
682
individual is entitled by law may not be subjected to a criminal
683
proceeding or to a civil penalty with respect to the act
684
concerning that which the individual is required to testify or
685
produce relevant matter.
686
(c) In the absence of fraud or bad faith, a person is not
687
subject to civil liability for libel, slander, or any other
688
relevant tort by virtue of filing reports, without malice, or
689
furnishing other information, without malice, required by this
690
chapter or required by the State Fire Marshal under the authority
691
granted in this chapter, and no civil cause of action of any
692
nature shall arise against such person for:
693
1. Any information relating to a matter under the
694
jurisdiction of the State Fire Marshal, suspected violations of
695
the Florida Insurance Code, or fraudulent insurance acts or
696
persons suspected of engaging in such acts furnished to or
697
received from law enforcement officials or their agents or
698
employees;
699
2. Any information relating to any matter under the
700
jurisdiction of the State Fire Marshal, suspected violations of
701
the Florida Insurance Code, fraudulent insurance acts or acts of
702
arson, or persons suspected of engaging in such acts furnished to
703
or received from other persons subject to the provisions of this
704
chapter;
705
3. Any such information furnished in reports to the State
706
Fire Marshal or any local, state, or federal enforcement
707
officials or their agents or employees; or
708
4. Other actions taken in cooperation with any of the
709
agencies or individuals specified in this paragraph in the lawful
710
investigation of violations under the jurisdiction of the State
711
Fire Marshal, suspected violations of the Florida Insurance Code,
712
or suspected fraudulent insurance acts.
713
(d) In addition to the immunity granted in paragraph (c), a
714
person identified as a designated employee whose responsibilities
715
include the investigation and disposition of violations under the
716
jurisdiction of the State Fire Marshal or the Florida Insurance
717
Code and claims relating to suspected fraudulent insurance acts
718
may share information relating to persons suspected of such acts
719
with other designated employees employed by the same or other
720
insurers whose responsibilities include such acts. Unless the
721
employees of the insurer act in bad faith or in reckless
722
disregard for the rights of any insured, the insurer or its
723
designated employees are not civilly liable for libel, slander,
724
or any other relevant tort, and a civil action does not arise
725
against the insurer or its designated employees for:
726
1. Any information related to any matter under the
727
jurisdiction of the State Fire Marshal, the Florida Insurance
728
Code, or suspected fraudulent insurance acts provided to an
729
insurer; or
730
2. Any information relating to any matter under the
731
jurisdiction of the State Fire Marshal, the Florida Insurance
732
Code, or suspected fraudulent insurance acts provided to the
733
National Insurance Crime Bureau or the National Association of
734
Insurance Commissioners.
735
736
However, the qualified immunity against civil liability conferred
737
on any insurer or its designated employees shall be forfeited
738
with respect to the exchange or publication of any defamatory
739
information with third persons not expressly authorized by this
740
paragraph to share in such information.
741
(e) This section does not abrogate or modify in any way any
742
common-law or statutory privilege or immunity otherwise enjoyed
743
by any person The fire marshal may summon and compel the
744
attendance of witnesses before him or her to testify in relation
745
to any manner which is, by the provisions of this chapter, a
746
subject of inquiry and investigation, and he or she may require
747
the production of any book, paper or document deemed pertinent
748
thereto by him or her, and may seize furniture and other personal
749
property to be held for evidence.
750
(4) Papers, documents, reports, or evidence relative to the
751
subject of an investigation under this section are not subject to
752
discovery until the investigation is completed or ceases to be
753
active. Agents of the State Fire Marshal are not subject to
754
subpoena in civil actions by any court of this state to testify
755
concerning any matter of which they have knowledge pursuant to a
756
pending investigation by the State Fire Marshal. All persons so
757
summoned and so testifying shall be entitled to the same witness
758
fees and mileage as provided for witnesses testifying in the
759
circuit courts of this state, and officers serving subpoenas or
760
orders of the fire marshal shall be paid in like manner for like
761
services in such courts, from the funds herein provided.
762
(5) Any person, other than an insurer, agent, or other
763
person licensed under the Florida Insurance Code, or an employee
764
of such licensee, having knowledge or a belief that a crime
765
involving arson, a destructive device, an illegal possession of
766
explosives, a fraudulent insurance act, or any other act or
767
practice which, upon conviction, constitutes a felony or a
768
misdemeanor under this chapter, the Florida Insurance Code, or s.
769
817.233, is being or has been committed may submit to the State
770
Fire Marshal a report or information pertinent to such knowledge
771
or belief and such additional information relative to such
772
knowledge or belief as the State Fire Marshal may request. Any
773
insurer, agent, or other person licensed under the Florida
774
Insurance Code, or an employee of such licensee, having knowledge
775
or a belief that a crime involving arson, a destructive device,
776
an illegal possession of explosives, or any other act or practice
777
which, upon conviction, constitutes a felony or a misdemeanor
778
under this chapter or s. 817.233, is being or has been committed,
779
shall send to the State Fire Marshal a report or information
780
pertinent to such knowledge or belief and such additional
781
information relative to such knowledge or belief as the State
782
Fire Marshal may require. The State Fire Marshal shall review
783
such information or reports and select such information or
784
reports as, in his or her judgment, may require further
785
investigation. The State Fire Marshal shall then cause an
786
independent examination of the facts surrounding such information
787
or report to be made to determine the extent, if any, to which a
788
crime involving arson, a destructive device, or a fraudulent
789
insurance act, or any other act or practice that, upon
790
conviction, constitutes a felony or a misdemeanor under this
791
chapter, the Florida Insurance Code, or s. 817.233 is being or
792
has been committed. The State Fire Marshal shall report any
793
alleged violations of law which his or her investigations reveal
794
to the appropriate licensing agency and state attorney or other
795
prosecuting agency having jurisdiction with respect to any such
796
violation.
797
(6) It is unlawful for any person to resist an arrest by an
798
agent of the State Fire Marshal authorized by this section or in
799
any manner to interfere, by abetting or assisting such resistance
800
or otherwise interfering, with any Division of State Fire Marshal
801
investigator in the duties imposed upon such agent or
802
investigator by law or department rule.
803
Section 15. Section 633.121, Florida Statutes, is amended
804
to read:
805
633.121 Persons authorized to enforce laws and rules of
806
State Fire Marshal.--The chiefs of county, municipal, and
807
special-district fire departments; other fire department
808
personnel designated by their respective chiefs; and personnel
809
designated by local governments having no organized fire
810
departments; and all law enforcement officers in the state duly
811
certified under chapter 943 and acting upon the request of the
812
State Fire Marshal or a chief of a county, municipal, or special
813
district fire department may are authorized to enforce this
814
chapter law and all rules adopted prescribed by the State Fire
815
Marshal within their respective jurisdictions. Such personnel
816
acting under the authority of this section shall be deemed to be
817
agents of their respective jurisdictions, not agents of the State
818
Fire Marshal.
819
Section 16. Section 633.13, Florida Statutes, is amended to
820
read:
821
633.13 State Fire Marshal; authority of agents.--The
822
authority given the State Fire Marshal under this chapter or any
823
rule or order adopted by the State Fire Marshal law may be
824
exercised by his or her agents, either individually or in
825
conjunction with any other state or local official charged with
826
similar responsibilities.
827
Section 17. Section 633.14, Florida Statutes, is amended to
828
read:
829
633.14 Agents; powers to make arrests, conduct searches and
830
seizures, serve summonses, and carry firearms.--Agents or
831
investigators of the State Fire Marshal have the power to make
832
arrests for criminal violations established as a result of
833
investigations. Such agents or investigators shall also be
834
considered state law enforcement officers for all purposes and
835
shall have the power to execute arrest warrants and search
836
warrants; serve subpoenas issued for the examination,
837
investigation, and trial of all offenses; and to arrest upon
838
probable cause, without warrant, any person violating any
839
provision of the laws of this state. Agents or investigators
840
empowered to make arrests under this section may bear arms in the
841
performance of their duties. In such a situation, the
842
investigator must be certified in compliance with the provisions
843
of s. 943.1395 or must meet the temporary employment or
844
appointment exemption requirements of s. 943.131 until certified
845
shall have the same authority to serve summonses, make arrests,
846
carry firearms, and make searches and seizures, as the sheriff or
847
her or his deputies, in the respective counties where such
848
investigations, hearings, or inspections may be held; and
849
affidavits necessary to authorize any such arrests, searches, or
850
seizures may be made before any trial court judge having
851
authority under the law to issue appropriate processes.
852
Section 18. Subsections (1) and (3) of section 633.161,
853
Florida Statutes, are amended to read:
854
633.161 Violations; orders to cease and desist, correct
855
hazardous conditions, preclude occupancy, or vacate; enforcement;
856
penalties.--
857
(1) If it is determined by the department that a violation
858
specified in this subsection exists, the State Fire Marshal or
859
her or his agent deputy may issue and deliver to the person
860
committing the violation an order to cease and desist from such
861
violation, to correct any hazardous condition, to preclude
862
occupancy of the affected building or structure, or to vacate the
863
premises of the affected building or structure. Such violations
864
consist of are:
865
(a) Except as set forth in paragraph (b), a violation of
866
any provision of this chapter, of any rule adopted pursuant
867
thereto, of any applicable uniform firesafety standard adopted
868
pursuant to s. 633.022 which is not adequately addressed by any
869
alternative requirements adopted on a local level, or of any
870
minimum firesafety standard adopted pursuant to s. 394.879.
871
(b) A substantial violation of an applicable minimum
872
firesafety standard adopted pursuant to s. 633.025 which is not
873
reasonably addressed by any alternative requirement imposed at
874
the local level, or an unreasonable interpretation of an
875
applicable minimum firesafety standard, and which violation or
876
interpretation clearly constitutes a danger to lifesafety.
877
(c) A building or structure which is in a dilapidated
878
condition and as a result thereof creates a danger to life,
879
safety, or property.
880
(d) A building or structure which contains explosive matter
881
or flammable liquids or gases constituting a danger to life,
882
safety, or property.
883
(e) A fire department that is not designated by a political
884
subdivision as defined in s. 1.01.
885
(3) Any person who violates or fails to comply with any
886
order under subsection (1) or subsection (2) commits is guilty of
887
a misdemeanor, punishable as provided in s. 633.171.
888
Section 19. Subsection (1) of section 633.171, Florida
889
Statutes, is amended to read:
890
633.171 Penalty for violation of law, rule, or order to
891
cease and desist or for failure to comply with corrective
892
order.--
893
(1) Any person who violates any provision of this chapter
894
law, any order or rule of the State Fire Marshal, or any order to
895
cease and desist or to correct conditions issued under this
896
chapter commits a misdemeanor of the second degree, punishable as
897
provided in s. 775.082 or s. 775.083.
898
Section 20. Subsection (1) of section 633.175, Florida
899
Statutes, is amended to read:
900
633.175 Investigation of fraudulent insurance claims and
901
crimes; immunity of insurance companies supplying information.--
902
(1) In addition to the other powers granted by this
903
chapter, the State Fire Marshal or an agent appointed pursuant to
904
s. 633.02, any law enforcement officer as defined in s. 111.065,
905
any law enforcement officer of a federal agency, or any fire
906
department official who is engaged in the investigation of a fire
907
loss may request any insurance company or its agent, adjuster,
908
employee, or attorney, investigating a claim under an insurance
909
policy or contract with respect to a fire to release any
910
information whatsoever in the possession of the insurance company
911
or its agent, adjuster, employee, or attorney relative to a loss
912
from that fire. The insurance company shall release the available
913
information to and cooperate with any official authorized to
914
request such information pursuant to this section. The
915
information shall include, but shall not be limited to:
916
(a) Any insurance policy relevant to a loss under
917
investigation and any application for such a policy.
918
(b) Any policy premium payment records.
919
(c) The records, reports, and all material pertaining to
920
any previous claims made by the insured with the reporting
921
company.
922
(d) Material relating to the investigation of the loss,
923
including statements of any person, proof of loss, and other
924
relevant evidence.
925
(e) Memoranda, notes, and correspondence relating to the
926
investigation of the loss in the possession of the insurance
927
company or its agents, adjusters, employees, or attorneys.
928
Section 21. Section 633.18, Florida Statutes, is amended to
929
read:
930
633.18 State Fire Marshal; hearings and investigations;
931
subpoena of witnesses; orders of circuit court.--Any agent
932
designated by the State Fire Marshal for such purposes, may hold
933
hearings, sign and issue subpoenas, administer oaths, examine
934
witnesses, receive evidence, and require by subpoena the
935
attendance and testimony of witnesses and the production of such
936
accounts, records, memoranda or other evidence, as may be
937
material for the determination of any complaint or conducting any
938
inquiry or investigation under this chapter or any rule or order
939
of the State Fire Marshal law. In case of disobedience to a
940
subpoena, the State Fire Marshal or his or her agent may invoke
941
the aid of any court of competent jurisdiction in requiring the
942
attendance and testimony of witnesses and the production of
943
accounts, records, memoranda or other evidence and any such court
944
may in case of contumacy or refusal to obey a subpoena issued to
945
any person, issue an order requiring the person to appear before
946
the State Fire Marshal's agent or produce accounts, records,
947
memoranda or other evidence, as so ordered, or to give evidence
948
touching any matter pertinent to any complaint or the subject of
949
any inquiry or investigation, and any failure to obey such order
950
of the court shall be punished by the court as a contempt
951
thereof.
952
Section 22. Section 633.30, Florida Statutes, is amended to
953
read:
954
633.30 Standards for firefighting; definitions.--As used in
955
this chapter, the term:
956
(1) "Career firefighter" means a person who is compensated
957
at an hourly or salaried rate and whose work hours are scheduled
958
in advance to maintain a schedule of coverage at a station,
959
facility, or area to function as described in subsection (8)
960
"Firefighter" means any person initially employed as a full-time
961
professional firefighter by any employing agency, as defined
962
herein, whose primary responsibility is the prevention and
963
extinguishment of fires, the protection and saving of life and
964
property, and the enforcement of municipal, county, and state
965
fire prevention codes, as well as of any law pertaining to the
966
prevention and control of fires.
967
(2) "Council" means the Firefighters Employment, Standards,
968
and Training Council "Employing agency" means any municipality or
969
county, the state, or any political subdivision of the state,
970
including authorities and special districts, employing
971
firefighters as defined in subsection (1).
972
(3) "Department" means the Department of Financial
973
Services.
974
(4) "Division" means the Division of State Fire Marshal of
975
the Department of Financial Services "Council" means the
976
Firefighters Employment, Standards, and Training Council.
977
(5) "Employing agency" means any municipality or county,
978
the state, or any political subdivision of the state, including
979
authorities, special districts, or any private entity under
980
contract with such entities "Division" means the Division of
981
State Fire Marshal of the Department of Financial Services.
982
(6) "Fire department" means an organization designated by a
983
state political subdivision, such as a county, municipality, or
984
special fire control district, to provide emergency response for
985
the protection of life and property within a specified
986
geographical area.
987
(7) "Fire service apprentice" means any high school student
988
who completes a high school course of instruction and examination
989
approved by the department that includes specified components of
990
firefighter I and II certification in accordance with the
991
division's rules. Before the age of 18, a fire service apprentice
992
may function as a fireground resource technician with a
993
recognized fire department. Upon age of 18 and graduation from
994
high school, the fire service apprentice may complete the
995
outstanding components of firefighter I and II certification
996
training and become certified at level II in accordance with the
997
division's rules.
998
(8) "Firefighter" means any person whose responsibility is
999
the emergency response to fires and other emergencies, the
1000
prevention and extinguishment of fires, the protection and saving
1001
of life and property, and the enforcement of municipal, county,
1002
and state fire prevention codes, as well as of any law pertaining
1003
to the prevention and control of fires.
1004
(9) "Firefighter I" means a person who has successfully
1005
completed the firefighter I training program and is certified at
1006
level I in accordance with the division's rules. Firefighter I is
1007
the minimum level of certification to function as a volunteer
1008
firefighter.
1009
(10) "Firefighter II" means a person who has successfully
1010
completed the firefighter II training program and is certified at
1011
level II in accordance with the division's rules. Firefighter II
1012
is the minimum level of certification to function as a career
1013
firefighter as set forth in subsection (2). For purposes of this
1014
chapter, a certificate of compliance at level II replaces the
1015
previous certificate of compliance required to be a career
1016
firefighter. Firefighters currently certified with a certificate
1017
of compliance are deemed to be in compliance with the
1018
requirements of this chapter and need not become certified as a
1019
firefighter II.
1020
(11) "Fireground resource technician" means a volunteer
1021
exterior firefighter or support person who is not qualified by
1022
certification to be an interior firefighter but who has completed
1023
a course of instruction in accordance with the division's rules.
1024
Fireground resource technician is the minimum level of
1025
certification to function on the fireground in accordance with
1026
division rules.
1027
Section 23. Section 633.34, Florida Statutes, is amended to
1028
read:
1029
633.34 Firefighters; qualifications for employment.--
1030
(1) Any person applying for employment as a firefighter
1031
must:
1032
(a)(1) Be a high school graduate or the equivalent, as the
1033
term may be determined by the division, and at least 18 years of
1034
age.
1035
(b)(2) Never have been adjudicated guilty of, or pled
1036
guilty or nolo contendere to, any:
1037
1. Felony. If an applicant has been convicted of a felony,
1038
the applicant is not eligible for certification until the
1039
applicant complies with s. 112.011(2)(b); or
1040
2. Misdemeanor involving moral turpitude, or misleading or
1041
false statements relating to certification or employment as a
1042
firefighter.
1043
1044
If an applicant has been sentenced for any conviction of a felony
1045
or a misdemeanor, the applicant is not eligible for certification
1046
until 4 years after the expiration of any sentence. If a sentence
1047
is suspended or adjudication is withheld and a period of
1048
probation is imposed, the applicant must have been released from
1049
probation Neither have been convicted of a felony or of a
1050
misdemeanor directly related to the position of employment
1051
sought, nor have pled nolo contendere to any charge of a felony.
1052
If an applicant has been convicted of a felony, such applicant
1053
must be in compliance with s. 112.011(2)(b). If an applicant has
1054
been convicted of a misdemeanor directly related to the position
1055
of employment sought, such applicant shall be excluded from
1056
employment for a period of 4 years after expiration of sentence.
1057
If the sentence is suspended or adjudication is withheld in a
1058
felony charge or in a misdemeanor directly related to the
1059
position or employment sought and a period of probation is
1060
imposed, the applicant must have been released from probation.
1061
(c)(3) Pay for and submit fingerprints as directed by the
1062
division Submit a fingerprint card to the division with a current
1063
processing fee. The fingerprints shall fingerprint card will be
1064
forwarded to the Department of Law Enforcement or and/or the
1065
Federal Bureau of Investigation, or both, as directed by division
1066
rule.
1067
(4) Have a good moral character as determined by
1068
investigation under procedure established by the division.
1069
(d)(5) Be in good physical condition as determined by a
1070
medical examination given by a physician, surgeon, or physician
1071
assistant licensed to practice in the state pursuant to chapter
1072
458; an osteopathic physician, surgeon, or physician assistant
1073
licensed to practice in the state pursuant to chapter 459; or an
1074
advanced registered nurse practitioner licensed to practice in
1075
the state pursuant to chapter 464, who are aware of and familiar
1076
with the medical requirements for training and certification as
1077
stated in department rule. Such examination may include, but need
1078
not be limited to, provisions of the National Fire Protection
1079
Association Standard 1582. Results of this A medical examination
1080
evidencing good physical condition shall be submitted to the
1081
division, on a form as provided by rule, before an individual is
1082
eligible for admission into a firefighter training program as
1083
defined in s. 633.35.
1084
(e)(6) Be a nonuser of tobacco or tobacco products for at
1085
least 1 year immediately preceding application, as evidenced by
1086
the sworn affidavit of the applicant.
1087
(2) A person who does not hold a fire service apprentice,
1088
fireground resource technician, firefighter I, or firefighter II
1089
certificate may not respond or engage in hazardous operations,
1090
including, but not limited to, interior structural firefighting,
1091
hazardous-materials-incident mitigation, and incident command,
1092
requiring the knowledge and skills taught in the training
1093
programs established in s. 633.35, regardless of volunteer or
1094
employment status.
1095
Section 24. Subsections (1), (2), (3), and (4) of section
1096
633.35, Florida Statutes, are amended to read:
1097
633.35 Firefighter training and certification.--
1098
(1) The division shall establish by rule a firefighter
1099
training programs for certification as a fireground resource
1100
technician, a fire service apprentice, a firefighter I, and a
1101
firefighter II, to be program of not less than 360 hours,
1102
administered by such agencies and institutions as approved by the
1103
division in accordance with division rules it approves for the
1104
purpose of providing basic employment training for firefighters.
1105
Nothing herein shall require a public employer to pay the cost of
1106
such training.
1107
(2) The division shall issue certificates a certificate of
1108
compliance for certification as a fireground resource technician,
1109
a fire service apprentice, a firefighter I, and a firefighter II
1110
to any person who has satisfactorily completed complying with the
1111
training programs program established in subsection (1), who has
1112
successfully passed an examination as prescribed by the division,
1113
and who possesses the qualifications specified for employment in
1114
s. 633.34, except s. 633.34(5). A No person may not be employed
1115
as a career regular or permanent firefighter by an employing
1116
agency, or by a private entity under contract with the state or
1117
any political subdivision of the state, including authorities and
1118
special districts, unless certified as a firefighter II, except
1119
for an individual hired to be trained and become certified as a
1120
firefighter II. An individual hired to be trained and become
1121
certified as a firefighter II has a maximum of for a period of
1122
time in excess of 1 year from the date of initial employment to
1123
obtain the firefighter II until he or she has obtained such
1124
certificate of compliance. A person who does not hold a
1125
firefighter II certificate of compliance and is employed under
1126
this section may not directly engage in hazardous operations,
1127
such as interior structural firefighting and hazardous-materials-
1128
incident mitigation, requiring the knowledge and skills taught in
1129
a training program established in subsection (1), including
1130
incident command. However, a person who is certified and has been
1131
employed by served as a volunteer firefighter with the state or
1132
any political subdivision of the state, including authorities and
1133
special districts, who is then employed as a career regular or
1134
permanent firefighter may function, during this period, in the
1135
same capacity in which he or she acted prior to being employed as
1136
a career firefighter as a volunteer firefighter, provided that he
1137
or she has completed all training required by the volunteer
1138
organization.
1139
(3) The division may issue a certificate of compliance at
1140
the firefighter I or firefighter II level to any person who has
1141
received basic employment training for firefighters in another
1142
state when the division has determined that such training was at
1143
least equivalent to that required by the division for approved
1144
firefighter education and training programs in this state and
1145
when such person has satisfactorily complied with all other
1146
requirements of this section. The division may also issue a
1147
special certificate to a person who is otherwise qualified under
1148
this section and who is employed as the administrative and
1149
command head of a fire/rescue/emergency services organization,
1150
based on the acknowledgment that such person is less likely to
1151
need physical dexterity and more likely to need advanced
1152
knowledge of firefighting and supervisory skills. The certificate
1153
is valid only while the person is serving in a position as an
1154
administrative and command head of a fire/rescue/emergency
1155
services organization and must be obtained prior to employment in
1156
such capacity.
1157
(4) A person who fails an examination given under this
1158
section may retake the examination once within 6 months after the
1159
original examination date. An applicant who does not pass retake
1160
the examination within such time must repeat or take the
1161
applicable training program Minimum Standards Course, pursuant to
1162
subsection (1), before being reexamined. The division may
1163
establish reasonable preregistration deadlines for such
1164
reexaminations.
1165
Section 25. Section 633.351, Florida Statutes, is amended
1166
to read:
1167
633.351 Disciplinary action; firefighters; standards for
1168
revocation of certification.--
1169
(1) The certification of a firefighter shall be revoked if
1170
evidence is found that the certification was improperly issued by
1171
the division or if evidence is found that the certification was
1172
issued on the basis of false, incorrect, incomplete, or
1173
misleading information.
1174
(2) The certification of a firefighter who has been
1175
adjudicated guilty of, or pled guilty or nolo contendere to, any
1176
felony, or any misdemeanor involving moral turpitude, or
1177
misleading or false statements relating to the certification or
1178
employment as a firefighter, shall be revoked. In the case of a
1179
felony, the certification may not be reinstated is convicted of a
1180
felony, or who is convicted of a misdemeanor relating to
1181
misleading or false statements, or who pleads nolo contendere to
1182
any charge of a felony shall be revoked until the firefighter
1183
complies with s. 112.011(2)(b). However, if sentence upon such
1184
felony or such misdemeanor charge is suspended or adjudication is
1185
withheld, the firefighter's certification shall be revoked until
1186
she or he completes any probation.
1187
(3) It is a violation of certification for any career
1188
firefighter as defined in this chapter, whose initial employment
1189
date is on or after July 1, 2008, to use tobacco products. An
1190
investigation by the local firefighter employer which determines
1191
such use, confirmed by legal means such as nicotine or cotinine
1192
testing, shall result in the suspension of the firefighter's
1193
state certification, requiring suspension or termination of
1194
employment. The division shall adopt rules setting forth the
1195
criteria for testing, investigation, and notification of the
1196
division by the local firefighter employer of violations, actions
1197
to be taken by the division, reinstatement of certification with
1198
appropriate medical approval and surveillance, and the number of
1199
violations allowed before permanent revocation of firefighter
1200
certification.
1201
Section 26. Section 633.352, Florida Statutes, is amended
1202
to read:
1203
633.352 Retention of firefighter certification.--
1204
(1) Any certified firefighter who has not been active as a
1205
firefighter, or as a volunteer firefighter with an organized fire
1206
department, for a period of 3 years shall be required to retake
1207
and pass the written and practical portions portion of the
1208
minimum standards state examination specified in division rules
1209
rule 4A-37.056(6)(b), Florida Administrative Code, in order to
1210
maintain her or his certification as a firefighter.; however,
1211
(2) This requirement does not apply to state-certified
1212
firefighters who are certified and employed as full-time fire
1213
safety inspectors by a fire department employing agency or to
1214
instructors regardless of their employment status instructors, as
1215
determined by the division.
1216
(3) The 3-year period begins on the date the firefighter I
1217
or II certificate of compliance is issued, or upon termination of
1218
service with an organized fire department, or upon expiration of
1219
instructor certification.
1220
Section 27. Paragraph (b) of subsection (1) and paragraph
1221
(a) of subsection (2) of section 633.382, Florida Statutes, are
1222
amended to read:
1223
633.382 Firefighters; supplemental compensation.--
1224
(1) DEFINITIONS.--As used in this section, the term:
1225
(b) "Firefighter" means any person who meets the definition
1226
of the term "firefighter" in s. 633.30(2) and (10) s. 633.30(1)
1227
who is certified in compliance with s. 633.35 and who is employed
1228
solely within the fire department of the employing agency or is
1229
employed by the division.
1230
(2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.--
1231
(a) In addition to the compensation now paid by an
1232
employing agency to a any firefighter II, every career
1233
firefighter shall be paid supplemental compensation by the
1234
employing agency when such firefighter has complied with one of
1235
the following criteria:
1236
1. Any firefighter II who receives an associate degree from
1237
an accredited a college, which degree is applicable to fire
1238
department duties, as outlined in policy guidelines of the
1239
division, shall be additionally compensated as outlined in
1240
paragraph (3)(a).
1241
2. Any firefighter II, regardless of whether or not she or
1242
he earned an associate degree earlier, who receives from an
1243
accredited college or university a bachelor's degree, which
1244
bachelor's degree is applicable to fire department duties, as
1245
outlined in policy guidelines of the division, shall receive
1246
compensation as outlined in paragraph (3)(b).
1247
Section 28. Subsection (3) is added to section 633.524,
1248
Florida Statutes, to read:
1249
633.524 Certificate and permit fees; use and deposit of
1250
collected funds.--
1251
(3) The State Fire Marshal may enter into a contract with
1252
any qualified public entity or private company in accordance with
1253
chapter 287 to provide examinations for any applicant for any
1254
examination administered under the jurisdiction of the State Fire
1255
Marshal under this chapter or any other chapter under the
1256
jurisdiction of the State Fire Marshal. The State Fire Marshal
1257
may have payments from each applicant for each examination made
1258
directly to such public entity or private company.
1259
Section 29. Subsections (1) and (4) of section 633.541,
1260
Florida Statutes, are amended to read:
1261
633.541 Contracting without certificate prohibited;
1262
violations; penalty.--
1263
(1) It is unlawful for any organization or individual to
1264
engage in the business of, the layout, fabrication, installation,
1265
inspection, alteration, repair, or service of a fire protection
1266
system, other than a preengineered system, act in the capacity of
1267
a fire protection contractor, or advertise itself as being a fire
1268
protection contractor without having been duly certified and
1269
holding a valid and existing certificate, except as hereinafter
1270
provided. The holder of a certificate used to qualify an
1271
organization must be a full-time employee of the qualified
1272
organization or business. A certificateholder who is employed by
1273
more than one fire protection contractor during the same period
1274
of time is deemed not to be a full-time employee of either
1275
contractor. The State Fire Marshal shall revoke, for a period of
1276
time determined by the State Fire Marshal, the certificate of a
1277
certificateholder who allows the use of the certificate to
1278
qualify a company of which the certificateholder is not a full-
1279
time employee. A contractor who maintains more than one place of
1280
business must employ a certificateholder at each location.
1281
Nothing in This subsection does not prohibit prohibits an
1282
employee acting on behalf of governmental entities from
1283
inspecting and enforcing firesafety codes, provided such employee
1284
is certified under s. 633.081, or an owner of a one or two family
1285
dwelling from inspecting or maintaining the fire protection
1286
system for his or her own house.
1287
(4) In addition to the penalties provided in subsection
1288
(3), a fire protection contractor certified under this chapter
1289
who violates any provision of this chapter section or who commits
1290
any act constituting cause for disciplinary action is subject to
1291
suspension or revocation of the certificate and administrative
1292
fines pursuant to s. 633.547.
1293
Section 30. Subsection (4) of section 633.72, Florida
1294
Statutes, is amended to read:
1295
633.72 Florida Fire Code Advisory Council.--
1296
(4) Each appointee shall serve a 4-year term. No member
1297
shall serve more than two consecutive terms one term. No member
1298
of the council shall be paid a salary as such member, but each
1299
shall receive travel and expense reimbursement as provided in s.
1300
112.061.
1301
Section 31. Section 633.811, Florida Statutes, is amended
1302
to read:
1303
633.811 Firefighter employer penalties.--If any firefighter
1304
employer violates or fails or refuses to comply with ss. 633.801-
1305
633.821, or with any rule adopted by the division under such
1306
sections in accordance with chapter 120 for the prevention of
1307
injuries, accidents, or occupational diseases or with any lawful
1308
order of the division in connection with ss. 633.801-633.821, or
1309
fails or refuses to furnish or adopt any safety device,
1310
safeguard, or other means of protection prescribed by division
1311
rule under ss. 633.801-633.821 for the prevention of accidents or
1312
occupational diseases, the division may issue an administrative
1313
cease and desist order, enforceable in the circuit court in the
1314
jurisdiction where the violation is occurring or has occurred,
1315
and assess an administrative fine against a firefighter employer
1316
of not less than $100 nor more than $1,000 for each violation and
1317
each day of each violation. The administrative penalty assessment
1318
shall be subject to the provisions of chapter 120. The division
1319
may also assess against the firefighter employer a civil penalty
1320
of not less than $100 nor more than $5,000 for each day the
1321
violation, omission, failure, or refusal continues after the
1322
firefighter employer has been given written notice of such
1323
violation, omission, failure, or refusal. The total penalty for
1324
each violation shall not exceed $50,000. The division shall adopt
1325
rules requiring penalties commensurate with the frequency or
1326
severity of safety violations. A hearing shall be held in the
1327
county in which the violation, omission, failure, or refusal is
1328
alleged to have occurred, unless otherwise agreed to by the
1329
firefighter employer and authorized by the division. All
1330
penalties assessed and collected under this section shall be
1331
deposited in the Insurance Regulatory Trust Fund.
1332
Section 32. Subsection (3) of section 633.821, Florida
1333
Statutes, is amended to read:
1334
633.821 Workplace safety.--
1335
(3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
1336
individuals located outside the immediately dangerous to life and
1337
health atmosphere may be assigned to an additional role, such as
1338
incident commander, pumper operator, engineer, or driver, so long
1339
as such individual is able to immediately perform assistance or
1340
rescue activities without jeopardizing the safety or health of
1341
any firefighter working at an incident. Also with respect to 29
1342
C.F.R. s. 1910.134(g)(4):
1343
(a) Each county, municipality, and special district shall
1344
implement such provision by April 1, 2002, except as provided in
1345
paragraphs (b) and (c).
1346
(b) If any county, municipality, or special district is
1347
unable to implement such provision by April 1, 2002, without
1348
adding additional personnel to its firefighting staff or
1349
expending significant additional funds, such county,
1350
municipality, or special district shall have an additional 6
1351
months within which to implement such provision. Such county,
1352
municipality, or special district shall notify the division that
1353
the 6-month extension to implement such provision is in effect in
1354
such county, municipality, or special district within 30 days
1355
after its decision to extend the time for the additional 6
1356
months. The decision to extend the time for implementation shall
1357
be made prior to April 1, 2002.
1358
(c) If, after the extension granted in paragraph (b), the
1359
county, municipality, or special district, after having worked
1360
with and cooperated fully with the division and the Firefighters
1361
Employment, Standards, and Training Council, is still unable to
1362
implement such provisions without adding additional personnel to
1363
its firefighting staff or expending significant additional funds,
1364
such municipality, county, or special district shall be exempt
1365
from the requirements of 29 C.F.R. s. 1910.134(g)(4). However,
1366
each year thereafter the division shall review each such county,
1367
municipality, or special district to determine if such county,
1368
municipality, or special district has the ability to implement
1369
such provision without adding additional personnel to its
1370
firefighting staff or expending significant additional funds. If
1371
the division determines that any county, municipality, or special
1372
district has the ability to implement such provision without
1373
adding additional personnel to its firefighting staff or
1374
expending significant additional funds, the division shall
1375
require such county, municipality, or special district to
1376
implement such provision. Such requirement by the division under
1377
this paragraph constitutes final agency action subject to chapter
1378
120.
1379
Section 33. Section 1013.12, Florida Statutes, is amended
1380
to read:
1381
1013.12 Casualty, safety, sanitation, and firesafety
1382
standards and inspection of property.--
1383
(1) FIRESAFETY.--The State Board of Education shall adopt
1384
and administer rules prescribing standards for the safety and
1385
health of occupants of educational and ancillary plants as a part
1386
of State Requirements for Educational Facilities or the Florida
1387
Building Code for educational facilities construction as provided
1388
in s. 1013.37, except that the State Fire Marshal in consultation
1389
with the Department of Education shall adopt uniform firesafety
1390
standards for educational and ancillary plants and educational
1391
facilities, as provided in s. 633.022(1)(b), and a firesafety
1392
evaluation system to be used as an alternate firesafety
1393
inspection standard for existing educational and ancillary plants
1394
and educational facilities. The uniform firesafety standards and
1395
the alternate firesafety evaluation system shall be administered
1396
and enforced by local fire officials. These standards must be
1397
used by all public agencies when inspecting public educational
1398
and ancillary plants, and the firesafety standards must be used
1399
by local fire officials when performing firesafety inspections of
1400
public educational and ancillary plants and educational
1401
facilities. In accordance with such standards, each board shall
1402
prescribe policies and procedures establishing a comprehensive
1403
program of safety and sanitation for the protection of occupants
1404
of public educational and ancillary plants. Such policies must
1405
contain procedures for periodic inspections as prescribed in this
1406
section and for withdrawal of any educational and ancillary
1407
plant, or portion thereof, from use until unsafe or unsanitary
1408
conditions are corrected or removed.
1409
(2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
1410
BOARDS.--
1411
(a) Each board shall provide for periodic inspection, other
1412
than firesafety inspection, of each educational and ancillary
1413
plant at least once during each fiscal year to determine
1414
compliance with standards of sanitation and casualty safety
1415
prescribed in the rules of the State Board of Education.
1416
(b) Firesafety inspections of each educational and
1417
ancillary plant must be made annually by persons certified by the
1418
Division of State Fire Marshal to be eligible to conduct
1419
firesafety inspections in public educational and ancillary
1420
plants. Upon request of the State Fire Marshal, the board shall
1421
submit a copy of the firesafety inspection report to the State
1422
Fire Marshal and, if there is a local fire official who conducts
1423
firesafety inspections, to the local fire official.
1424
(c) In each firesafety inspection report, the board shall
1425
include a plan of action and a schedule for the correction of
1426
each deficiency which have been formulated in consultation with
1427
the local fire control authority. If immediate life-threatening
1428
deficiencies are noted in any inspection, the board shall either
1429
take action to promptly correct the deficiencies or withdraw the
1430
educational or ancillary plant from use until such time as the
1431
deficiencies are corrected.
1432
(3) INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
1433
AGENCIES.--
1434
(a) A safety or sanitation inspection of any educational or
1435
ancillary plant may be made at any time by the Department of
1436
Education or any other state or local agency authorized or
1437
required to conduct such inspections by either general or special
1438
law. Each agency conducting inspections shall use the standards
1439
adopted by the Commissioner of Education in lieu of, and to the
1440
exclusion of, any other inspection standards prescribed either by
1441
statute or administrative rule. The agency shall submit a copy of
1442
the inspection report to the board.
1443
(b) One firesafety inspection of each educational or
1444
ancillary plant must be conducted each fiscal year by the county,
1445
municipality, or special fire control district in which the plant
1446
is located using the standards adopted by the State Fire Marshal.
1447
The board shall cooperate with the inspecting authority when a
1448
firesafety inspection is made by a governmental authority under
1449
this paragraph.
1450
(c) In each firesafety inspection report, the local fire
1451
official in conjunction with the board shall include a plan of
1452
action and a schedule for the correction of each deficiency. If
1453
immediate life-threatening deficiencies are noted in any
1454
inspection, the local fire official shall either take action to
1455
require the board to promptly correct the deficiencies or
1456
withdraw the educational facility from use until the deficiencies
1457
are corrected, subject to review by the State Fire Marshal who
1458
shall act within 10 days to ensure that the deficiencies are
1459
corrected or withdraw the facility from use.
1460
(4) CORRECTIVE ACTION; DEFICIENCIES OTHER THAN FIRESAFETY
1461
DEFICIENCIES.--Upon failure of the board to take corrective
1462
action within a reasonable time, the agency making the
1463
inspection, other than a local fire official, may request the
1464
commissioner to:
1465
(a) Order that appropriate action be taken to correct all
1466
deficiencies in accordance with a schedule determined jointly by
1467
the inspecting authority and the board; in developing the
1468
schedule, consideration must be given to the seriousness of the
1469
deficiencies and the ability of the board to obtain the necessary
1470
funds; or
1471
(b) After 30 calendar days' notice to the board, order all
1472
or a portion of the educational or ancillary plant withdrawn from
1473
use until the deficiencies are corrected.
1474
(5) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
1475
FACILITIES.--
1476
(a) Firesafety inspections of community college facilities
1477
shall comply with State Board of Education rules.
1478
(b) Firesafety inspections of state universities shall
1479
comply with rules of the Board of Governors.
1480
(6) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon
1481
failure of the board to take corrective action within the time
1482
designated in the plan of action to correct any firesafety
1483
deficiency noted under paragraph (2)(c) or paragraph (3)(c), the
1484
local fire official shall immediately report the deficiency to
1485
the State Fire Marshal, who shall have enforcement authority with
1486
respect to educational and ancillary plants and educational
1487
facilities as provided in chapter 633 for any other building or
1488
structure.
1489
(7) ADDITIONAL STANDARDS.--In addition to any other rules
1490
adopted under this section or s. 633.022, the State Fire Marshal
1491
in consultation with the Department of Education shall adopt and
1492
administer rules prescribing the following standards for the
1493
safety and health of occupants of educational and ancillary
1494
plants:
1495
(a) The designation of serious life-safety hazards,
1496
including, but not limited to, nonfunctional fire alarm systems,
1497
nonfunctional fire sprinkler systems, doors with padlocks or
1498
other locks or devices that preclude egress at any time,
1499
inadequate exits, hazardous electrical system conditions,
1500
potential structural failure, and storage conditions that create
1501
a fire hazard.
1502
(b) The proper placement of functional smoke and heat
1503
detectors and accessible, unexpired fire extinguishers.
1504
(c) The maintenance of fire doors without doorstops or
1505
wedges improperly holding them open.
1506
(8) ANNUAL REPORT.--The State Fire Marshal shall publish an
1507
annual report to be filed with the substantive committees of the
1508
state House of Representatives and Senate having jurisdiction
1509
over education, the Commissioner of Education or his or her
1510
successor, the State Board of Education, the Board of Governors,
1511
and the Governor documenting the status of each board's
1512
firesafety program, including the improvement or lack thereof.
1513
Section 34. This act shall take effect July 1, 2008.
1514
1515
================ T I T L E A M E N D M E N T ================
1516
And the title is amended as follows:
1517
Delete everything before the enacting clause
1518
and insert:
1519
A bill to be entitled
1520
An act relating to fire prevention and control; amending
1521
ss. 218.23 and 447.203, F.S.; revising cross-references;
1522
amending s. 553.895, F.S.; revising outdated publication
1523
references; amending s. 633.01, F.S.; revising a provision
1524
relating to requirements for the State Fire Marshal to
1525
make certain firesafety inspections and take certain
1526
corrective actions; amending s. 633.02, F.S.; providing
1527
the correct name for the State Fire Marshal; amending s.
1528
633.022, F.S.; revising provisions relating to uniform
1529
firesafety standards to include application to tunnels;
1530
revising requirements pertaining to supervised automatic
1531
sprinkler systems within nursing homes; creating s.
1532
633.0221, F.S.; requiring the State Fire Marshal, in
1533
consultation with the Department of Education, to adopt
1534
uniform firesafety standards for educational facilities;
1535
specifying uniform firesafety standards; providing for
1536
periodic inspections of property by district school
1537
boards; providing for inspections of educational property
1538
by the State Fire Marshal; providing for inspections of
1539
public postsecondary education facilities; providing for
1540
actions to correct firesafety deficiencies; specifying
1541
additional standards; amending s. 633.0245, F.S.; changing
1542
the application deadline for participation in the State
1543
Fire Marshal Nursing Home Loan Guarantee Program; amending
1544
s. 633.025, F.S.; providing requirements for firesafety
1545
plans and inspections for manufactured buildings; amending
1546
s. 633.03, F.S.; expanding application of authority of the
1547
State Fire Marshal to investigate fires to include
1548
explosions; amending s. 633.061, F.S.; revising the type
1549
of fire suppression equipment in which a person must be
1550
licensed in order to engage in the business of servicing,
1551
inspecting, recharging, hydrotesting, or installing;
1552
revising the requirements for the renewal of a license to
1553
engage in the business of servicing, inspecting,
1554
recharging, hydrotesting, or installing fire suppression
1555
equipment; amending s. 633.081, F.S.; authorizing the
1556
State Fire Marshal to inspect buildings or structures for
1557
certain violations; abolishing special state firesafety
1558
inspector classifications; providing for certification as
1559
a firesafety inspector; providing application and
1560
examination requirements; authorizing the State Fire
1561
Marshal to develop a certain advanced training and
1562
certification program for firesafety inspectors;
1563
authorizing the Division of State Fire Marshal to enter
1564
into a reciprocity agreement with the Florida Building
1565
Code Administrators and Inspectors Board for certain
1566
continuing education recertification purposes; amending s.
1567
633.085, F.S.; revising requirements for the State Fire
1568
Marshal to inspect state buildings; amending s. 633.101,
1569
F.S.; revising and expanding the authority and powers of
1570
the State Fire Marshal to administer oaths, compel
1571
attendance of witnesses, and collect evidence; providing
1572
certain forms of immunity from liability for certain
1573
actions and persons under certain circumstances; exempting
1574
certain information from discovery under certain
1575
circumstances; exempting agents of the State Fire Marshal
1576
from subpoena under certain circumstances; specifying
1577
limitations on treatment of physical evidence; authorizing
1578
persons and agents of the State Fire Marshal to submit
1579
certain crime-related reports or information to the State
1580
Fire Marshal; authorizing agents of the State Fire Marshal
1581
to make arrests as state law enforcement officers under
1582
certain circumstances; providing that it is unlawful to
1583
resist arrest; amending s. 633.121, F.S.; expanding the
1584
list of eligible persons authorized to enforce laws and
1585
rules of the State Fire Marshal; amending s. 633.13, F.S.;
1586
revising a provision relating to the authority of agents
1587
of the State Fire Marshal; amending s. 633.14, F.S.;
1588
revising and expanding powers regarding arrests, searches,
1589
and the carrying of firearms by State Fire Marshal agents
1590
and investigators; amending s. 633.161, F.S.; expanding
1591
the list of violations for which the State Fire Marshal
1592
may issue certain enforcement orders; providing criminal
1593
penalties for failure to comply with such orders; amending
1594
s. 633.171, F.S.; conforming a provision; amending s.
1595
633.175, F.S.; specifying additional powers granted to the
1596
State Fire Marshal; amending s. 633.18, F.S.; revising a
1597
provision relating to conduct of inquiries or
1598
investigations by agents of the State Fire Marshal;
1599
amending s. 633.30, F.S.; revising and providing
1600
definitions; amending s. 633.34, F.S.; revising
1601
requirements for qualification for employment as a
1602
firefighter; amending s. 633.35, F.S.; revising
1603
requirements for firefighter training and certification;
1604
amending s. 633.351, F.S.; revising provisions for
1605
disciplinary actions for firefighters; revising standards
1606
for revocation of firefighter certifications; amending s.
1607
633.352, F.S.; revising requirements for retention of
1608
firefighter certification; amending s. 633.382, F.S.;
1609
revising provisions regarding required supplemental
1610
compensation for firefighters; amending s. 633.524, F.S.;
1611
authorizing the State Fire Marshal to contract to provide
1612
certain examinations; amending s. 633.541, F.S.; expanding
1613
an exclusion from application of a prohibition against
1614
contracting without certification for certain homeowners;
1615
amending s. 633.72, F.S.; revising the membership terms of
1616
the Fire Code Advisory Council; amending s. 633.811, F.S.;
1617
expanding authority of the division to enforce provisions
1618
of law and rules applicable to employers; authorizing
1619
assessment of administrative fines; amending s. 633.821,
1620
F.S.; deleting certain obsolete provisions requiring
1621
counties, municipalities, and special districts to
1622
implement certain provisions of federal law; amending s.
1623
1013.12, F.S.; revising provisions regarding casualty,
1624
safety, sanitation, and firesafety standards and
1625
inspections of educational facilities and ancillary plants
1626
and reporting requirements; providing an effective date.
3/31/2008 12:34:00 PM 221-06052-08
CODING: Words stricken are deletions; words underlined are additions.