1

A bill to be entitled

2

An act relating to fire prevention and control;

3

amending s. 633.01, F.S.; revising a provision relating

4

to requirements for the State Fire Marshal to make

5

certain firesafety inspections and take certain

6

corrective actions; amending s. 633.02, F.S.; revising

7

provisions relating to agents of the State Fire

8

Marshal; amending s. 633.022, F.S.; revising provisions

9

relating to uniform firesafety standards to include

10

application to tunnels; creating s. 633.0221, F.S.;

11

providing for firesafety in educational facilities;

12

specifying uniform firesafety standards; providing for

13

periodic inspections of property by district school

14

boards; providing for inspections of educational

15

property by the State Fire Marshal; providing for

16

inspections of public postsecondary education

17

facilities; providing for actions to correct firesafety

18

deficiencies; specifying additional standards; amending

19

s. 633.03, F.S.; expanding application of authority of

20

the State Fire Marshal to investigate fires to include

21

explosions; amending s. 633.081, F.S.; abolishing

22

special state firesafety inspector classifications;

23

providing for certification as a firesafety inspector;

24

providing application and examination requirements;

25

authorizing the State Fire Marshal to develop a certain

26

advanced training and certification program for

27

firesafety inspectors; authorizing the Division of

28

State Fire Marshal to enter into a reciprocity

29

agreement with the Florida Building Code Administrators

30

and Inspectors Board for certain continuing education

31

recertification purposes; amending s. 633.085, F.S.;

32

revising requirements for the State Fire Marshal to

33

inspect state buildings; amending s. 633.101, F.S.;

34

revising and expanding the authority and powers of the

35

State Fire Marshal to administer oaths, request

36

attendance of witnesses, and collect evidence;

37

providing certain forms of immunity from liability for

38

certain actions and persons under certain

39

circumstances; exempting certain information from

40

discovery under certain circumstances; exempting agents

41

of the State Fire Marshal from subpoena under certain

42

circumstances; specifying limitations on treatment of

43

physical evidence; providing for submittal of certain

44

crime-related reports or information to the State Fire

45

Marshal; authorizing agents of the State Fire Marshal

46

to make arrests as state law enforcement officers under

47

certain circumstances; making it unlawful to resist

48

arrest; amending s. 633.121, F.S.; expanding eligible

49

persons authorized to enforce laws and rules of the

50

State Fire Marshal; amending s. 633.13, F.S.; revising

51

a provision relating to the authority of agents of the

52

State Fire Marshal; creating s. 633.145, F.S.;

53

establishing the Arson and Destructive Device Reward

54

Program within the department; providing for funding;

55

authorizing the department to pay awards for

56

information leading to certain arrests; providing

57

limitations; requiring the department to adopt rules;

58

amending s. 633.161, F.S.; expanding the list of

59

violations for which the State Fire Marshal may issue

60

certain enforcement orders; providing criminal

61

penalties for failure to comply with such orders;

62

amending s. 633.171, F.S.; revising a criminal penalty

63

provision; amending s. 633.175, F.S.; specifying

64

criteria for commission of fraudulent insurance acts;

65

providing a criminal penalty; amending s. 633.18, F.S.;

66

revising a provision relating to conduct of inquiries

67

or investigations by agents of the State Fire Marshal;

68

amending s. 633.30, F.S.; revising definitions;

69

amending s. 633.34, F.S.; revising requirements for

70

qualification for employment as a firefighter; amending

71

s. 633.35, F.S.; revising requirements for firefighter

72

training and certification; requiring the Division of

73

State Fire Marshal to establish training programs for

74

certain certifications; providing requirements;

75

amending s. 633.351, F.S.; revising provisions for

76

disciplinary actions for firefighters; revising

77

standards for revocation of firefighter certifications;

78

amending s. 633.352, F.S.; revising requirements for

79

retention of firefighter certification; amending s.

80

633.382, F.S.; expanding application of provisions

81

providing for required supplemental compensation for

82

firefighters; amending s. 633.524, F.S.; authorizing

83

the State Fire Marshal to contract to provide certain

84

examinations; amending s. 633.541, F.S.; expanding an

85

exclusion from application of a prohibition against

86

contracting without certification for certain

87

homeowners; amending s. 633.811, F.S.; expanding

88

authority of the division to enforce provisions of law

89

and rules applicable to employers; authorizing

90

assessment of administrative fines; amending s.

91

633.821, F.S.; deleting certain obsolete provisions

92

requiring counties, municipalities, and special

93

districts to implement certain provisions of federal

94

law; amending s. 1013.12, F.S.; revising provisions

95

providing for casualty, safety, sanitation, and

96

firesafety standards and inspections of educational

97

facilities and ancillary plants; amending ss. 218.23

98

and 447.203, F.S.; revising cross-references; repealing

99

s. 633.14, F.S., relating to agents' powers to make

100

arrests, conduct searches and seizures, serve

101

summonses, and carry firearms; providing an effective

102

date.

103

104

Be It Enacted by the Legislature of the State of Florida:

105

106

     Section 1.  Subsection (7) of section 633.01, Florida

107

Statutes, is amended to read:

108

     633.01  State Fire Marshal; powers and duties; rules.--

109

     (7)  The State Fire Marshal shall adopt and administer rules

110

prescribing standards for the safety and health of occupants of

111

educational and ancillary facilities pursuant to ss. 633.022,

112

1013.12, 1013.37, and 1013.371. In addition, in any county that

113

does not employ or appoint a local fire official, the State Fire

114

Marshal shall assume the duties of the local fire official with

115

respect to firesafety inspections of educational property

116

required under s. 1013.12(3)(b), and the State Fire Marshal may

117

take necessary corrective action as authorized under s.

118

1013.12(6).

119

     Section 2.  Section 633.02, Florida Statutes, is amended to

120

read:

121

     633.02  Agents; powers and duties; compensation.--The State

122

Fire Marshal shall appoint such agents as may be necessary to

123

carry out effectively the provisions of this chapter, who shall

124

be reimbursed for travel expenses as provided in s. 112.061, in

125

addition to their salary, when traveling or making investigations

126

in the performance of their duties. Such agents shall be at all

127

times under the direction and control of the State Fire Marshal,

128

who shall fix their compensation, and all orders shall be issued

129

in the State Fire Marshal's name and by her or his authority.

130

     Section 3.  Paragraph (b) of subsection (1) of section

131

633.022, Florida Statutes, is amended to read:

132

     633.022  Uniform firesafety standards.--The Legislature

133

hereby determines that to protect the public health, safety, and

134

welfare it is necessary to provide for firesafety standards

135

governing the construction and utilization of certain buildings

136

and structures. The Legislature further determines that certain

137

buildings or structures, due to their specialized use or to the

138

special characteristics of the person utilizing or occupying

139

these buildings or structures, should be subject to firesafety

140

standards reflecting these special needs as may be appropriate.

141

     (1)  The department shall establish uniform firesafety

142

standards that apply to:

143

     (b)  All new, existing, and proposed hospitals, nursing

144

homes, assisted living facilities, adult family-care homes,

145

correctional facilities, public schools, transient public lodging

146

establishments, public food service establishments, elevators,

147

migrant labor camps, mobile home parks, lodging parks,

148

recreational vehicle parks, recreational camps, residential and

149

nonresidential child care facilities, facilities for the

150

developmentally disabled, motion picture and television special

151

effects productions, and self-service gasoline stations, and

152

tunnels, of which standards the State Fire Marshal is the final

153

administrative interpreting authority.

154

155

In the event there is a dispute between the owners of the

156

buildings specified in paragraph (b) and a local authority

157

requiring a more stringent uniform firesafety standard for

158

sprinkler systems, the State Fire Marshal shall be the final

159

administrative interpreting authority and the State Fire

160

Marshal's interpretation regarding the uniform firesafety

161

standards shall be considered final agency action.

162

     Section 4.  Section 633.0221, Florida Statutes, is created

163

to read:

164

     633.0221 Firesafety in educational facilities.--

165

     (1) UNIFORM FIRESAFETY STANDARDS.--The State Fire Marshal,

166

in consultation with the Department of Education, shall adopt

167

uniform firesafety standards for educational and ancillary plants

168

and educational facilities, as provided in s. 633.022(1)(b), and

169

a firesafety evaluation system to be used as an alternate

170

firesafety inspection standard for existing educational and

171

ancillary plants and educational facilities. The uniform

172

firesafety standards and the alternate firesafety evaluation

173

system shall be administered and enforced by local fire

174

officials. These standards shall be used by all public agencies

175

when inspecting public educational and ancillary plants, and the

176

firesafety standards shall be used by local fire officials when

177

performing firesafety inspections of public educational and

178

ancillary plants and educational facilities.

179

     (2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL

180

BOARDS.--

181

     (a) Firesafety inspections of each educational and

182

ancillary plant shall be made annually by persons certified by

183

the Division of State Fire Marshal to be eligible to conduct

184

firesafety inspections in public educational and ancillary

185

plants. The board shall submit a copy of the firesafety

186

inspection report to the State Fire Marshal and, if there is a

187

local fire official who conducts firesafety inspections, to the

188

local fire official.

189

     (b) In each firesafety inspection report, the board shall

190

include a plan of action and a schedule for the correction of

191

each deficiency which have been formulated in consultation with

192

the local fire control authority. If immediate life-threatening

193

deficiencies are noted in any inspection, the board shall take

194

action to promptly correct the deficiencies or withdraw the

195

educational or ancillary plant from use until such time as the

196

deficiencies are corrected.

197

     (3) INSPECTION OF EDUCATIONAL PROPERTY BY THE STATE FIRE

198

MARSHAL.--

199

     (a) One firesafety inspection of each educational or

200

ancillary plant must be conducted each fiscal year by the county,

201

municipality, or special fire control district in which the plant

202

is located using the standards adopted by the State Fire Marshal.

203

The board shall cooperate with the inspecting authority when a

204

firesafety inspection is made by a governmental authority under

205

this paragraph.

206

     (b) In each firesafety inspection report, the local fire

207

official, in conjunction with the board, shall include a plan of

208

action and a schedule for the correction of each deficiency. If

209

immediate life-threatening deficiencies are noted in any

210

inspection, the local fire official shall take action to require

211

the board to promptly correct the deficiencies or withdraw the

212

educational facility from use until the deficiencies are

213

corrected, subject to review by the State Fire Marshal, who shall

214

act within 10 days to ensure that the deficiencies are corrected

215

or withdraw the facility from use.

216

     (4) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION

217

FACILITIES.--

218

     (a) Firesafety inspections of community college facilities

219

shall comply with the applicable rules of the State Fire Marshal.

220

     (b) Firesafety inspections of state universities shall

221

comply with rules of the State Fire Marshal related to state-

222

owned buildings.

223

     (5) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon

224

failure of the board to take corrective action within the time

225

designated in the plan of action to correct any firesafety

226

deficiency noted under paragraph (2)(b) or paragraph (3)(b), the

227

local fire official shall immediately report the deficiency to

228

the State Fire Marshal, who shall have enforcement authority with

229

respect to educational and ancillary plants and educational

230

facilities as provided in this chapter for a violation or

231

deficiency of any other building, structure, or facility.

232

     (6) ADDITIONAL STANDARDS.--In addition to any other rules

233

adopted under this section or s. 633.022, the State Fire Marshal,

234

in consultation with the Department of Education, shall adopt and

235

administer rules prescribing the following standards for the

236

safety and health of occupants of educational and ancillary

237

plants:

238

     (a) The designation of serious life-threatening hazards,

239

including, but not limited to, nonfunctional fire alarm systems,

240

nonfunctional fire sprinkler systems, doors with padlocks or

241

other locks or devices that preclude egress at any time,

242

inadequate exits, hazardous electrical system conditions,

243

potential structural failure, and storage conditions that create

244

a fire hazard.

245

     (b) The proper placement of functional smoke and heat

246

detectors and accessible, unexpired fire extinguishers.

247

     (c) The maintenance of fire doors without doorstops or

248

wedges improperly holding them open.

249

     Section 5.  Section 633.03, Florida Statutes, is amended to

250

read:

251

     633.03 Investigation of fires and explosions fire;

252

reports.--The State Fire Marshal shall investigate the cause,

253

origin, and circumstances of every fire or explosion occurring in

254

this state wherein the State Fire Marshal deems an investigation

255

is necessary and property has been damaged or destroyed where

256

there is probable cause to believe that the fire or explosion was

257

the result of carelessness or design. Report of all such

258

investigations shall be made on approved forms to be furnished by

259

the State Fire Marshal fire marshal.

260

     Section 6.  Section 633.081, Florida Statutes, is amended to

261

read:

262

     633.081  Inspection of buildings and equipment; orders;

263

firesafety inspection training requirements; certification;

264

disciplinary action.--The State Fire Marshal and her or his

265

agents may shall, at any reasonable hour, when the department has

266

reasonable cause to believe that a violation of this chapter or

267

s. 509.215, or a rule promulgated thereunder, or a minimum

268

firesafety code adopted by the State Fire Marshal or a local

269

authority, may exist, inspect any and all buildings and

270

structures which are subject to the requirements of this chapter

271

or s. 509.215 and rules promulgated thereunder. The authority to

272

inspect shall extend to all equipment, vehicles, and chemicals

273

which are located on or within the premises of any such building

274

or structure.

275

     (1)  Each county, municipality, and special district that

276

has firesafety enforcement responsibilities shall employ or

277

contract with a firesafety inspector. The firesafety inspector

278

must conduct all firesafety inspections that are required by law.

279

The governing body of a county, municipality, or special district

280

that has firesafety enforcement responsibilities may provide a

281

schedule of fees to pay only the costs of inspections conducted

282

pursuant to this subsection and related administrative expenses.

283

Two or more counties, municipalities, or special districts that

284

have firesafety enforcement responsibilities may jointly employ

285

or contract with a firesafety inspector.

286

     (2)  Every firesafety inspection conducted pursuant to state

287

or local firesafety requirements shall be by a person certified

288

as having met the inspection training requirements set by the

289

State Fire Marshal. Such person shall:

290

     (a)  Be a high school graduate or the equivalent as

291

determined by the department;

292

     (b)  Not have been found guilty of, or having pleaded guilty

293

or nolo contendere to, a felony or a crime punishable by

294

imprisonment of 1 year or more under the law of the United

295

States, or of any state thereof, which involves moral turpitude,

296

without regard to whether a judgment of conviction has been

297

entered by the court having jurisdiction of such cases;

298

     (c)  Have her or his fingerprints on file with the

299

department or with an agency designated by the department;

300

     (d)  Have good moral character as determined by the

301

department;

302

     (e)  Be at least 18 years of age;

303

     (f)  Have satisfactorily completed the firesafety inspector

304

certification examination as prescribed by the department; and

305

     (g)1.  Have satisfactorily completed, as determined by the

306

department, a firesafety inspector training program of not less

307

than 200 hours established by the department and administered by

308

agencies and institutions approved by the department for the

309

purpose of providing basic certification training for firesafety

310

inspectors; or

311

     2.  Have received in another state training which is

312

determined by the department to be at least equivalent to that

313

required by the department for approved firesafety inspector

314

education and training programs in this state.

315

     (3)(a)1. Effective July 1, 2011, the classification of

316

special state firesafety inspector is abolished and all special

317

state firesafety inspector certifications expire at midnight June

318

30, 2011.

319

     2. Any person who is a special state firesafety inspector

320

on June 30, 2011, and who has failed to comply with paragraph (b)

321

or paragraph (c) shall not be permitted to perform any firesafety

322

inspection required by law.

323

     3. A special state firesafety inspector certification may

324

not be awarded after June 30, 2008.

325

     (b)1. Any person who is a special state firesafety

326

inspector on July 1, 2008, and who has at least 5 years'

327

experience as a special state firesafety inspector as of July 1,

328

2008, may take the same firesafety inspection examination as

329

provided in paragraph (2)(f) for firesafety inspectors prior to

330

July 1, 2011, to be certified as a firesafety inspector described

331

in subsection (2).

332

     2. Upon passing the examination, such person shall be

333

certified as a firesafety inspector as provided in subsection

334

(2).

335

     3. Failure to obtain certification requires compliance with

336

paragraph (c) to be certified as a firesafety inspector as

337

provided in subsection (2).

338

     (c)1. To be certified as a firesafety inspector as provided

339

in subsection (2), any person who:

340

     a. Is a special state firesafety inspector on July 1, 2008,

341

and who does not have 5 years' experience as a special state

342

firesafety inspector as of July 1, 2008; or

343

     b. Has 5 years' experience as a special state firesafety

344

inspector but has failed the examination taken pursuant to

345

paragraph (b),

346

347

must take an additional 80 hours of the courses described in

348

paragraph (2)(g).

349

     2. After successfully completing the courses described in

350

this paragraph, such person is permitted to take the firesafety

351

inspection examination described in paragraph (2)(f), provided

352

such examination is taken prior to July 1, 2011.

353

     3. Upon passing the examination, such person shall become

354

certified as a firesafety inspector as provided in subsection

355

(2).

356

     4. A person who fails the course of study or the

357

examination described in this paragraph may not perform any

358

firesafety inspection required by law on or after July 1, 2011.

359

Each special state firesafety inspection which is required by law

360

and is conducted by or on behalf of an agency of the state must

361

be performed by an individual who has met the provision of

362

subsection (2), except that the duration of the training program

363

shall not exceed 120 hours of specific training for the type of

364

property that such special state firesafety inspectors are

365

assigned to inspect.

366

     (4)  A firefighter certified pursuant to s. 633.35 may

367

conduct firesafety inspections, under the supervision of a

368

certified firesafety inspector, while on duty as a member of a

369

fire department company conducting inservice firesafety

370

inspections without being certified as a firesafety inspector, if

371

such firefighter has satisfactorily completed an inservice fire

372

department company inspector training program of at least 24

373

hours' duration as provided by rule of the department.

374

     (5) Every firesafety inspector or special state firesafety

375

inspector certificate is valid for a period of 3 years from the

376

date of issuance. Renewal of certification shall be subject to

377

the affected person's completing proper application for renewal

378

and meeting all of the requirements for renewal as established

379

under this chapter or by rule adopted promulgated thereunder,

380

which shall include completion of at least 40 hours during the

381

preceding 3-year period of continuing education as required by

382

the rule of the department or, in lieu thereof, successful

383

passage of an examination as established by the department.

384

     (6)  The State Fire Marshal may deny, refuse to renew,

385

suspend, or revoke the certificate of a firesafety inspector or

386

special state firesafety inspector if it finds that any of the

387

following grounds exist:

388

     (a)  Any cause for which issuance of a certificate could

389

have been refused had it then existed and been known to the State

390

Fire Marshal.

391

     (b)  Violation of this chapter or any rule or order of the

392

State Fire Marshal.

393

     (c)  Falsification of records relating to the certificate.

394

     (d)  Having been found guilty of or having pleaded guilty or

395

nolo contendere to a felony, whether or not a judgment of

396

conviction has been entered.

397

     (e)  Failure to meet any of the renewal requirements.

398

     (f)  Having been convicted of a crime in any jurisdiction

399

which directly relates to the practice of fire code inspection,

400

plan review, or administration.

401

     (g)  Making or filing a report or record that the

402

certificateholder knows to be false, or knowingly inducing

403

another to file a false report or record, or knowingly failing to

404

file a report or record required by state or local law, or

405

knowingly impeding or obstructing such filing, or knowingly

406

inducing another person to impede or obstruct such filing.

407

     (h)  Failing to properly enforce applicable fire codes or

408

permit requirements within this state which the certificateholder

409

knows are applicable by committing willful misconduct, gross

410

negligence, gross misconduct, repeated negligence, or negligence

411

resulting in a significant danger to life or property.

412

     (i)  Accepting labor, services, or materials at no charge or

413

at a noncompetitive rate from any person who performs work that

414

is under the enforcement authority of the certificateholder and

415

who is not an immediate family member of the certificateholder.

416

For the purpose of this paragraph, the term "immediate family

417

member" means a spouse, child, parent, sibling, grandparent,

418

aunt, uncle, or first cousin of the person or the person's spouse

419

or any person who resides in the primary residence of the

420

certificateholder.

421

     (7)  The department shall provide by rule for the

422

certification of firesafety inspectors.

423

     (8) The State Fire Marshal may develop by rule an advanced

424

training and certification program for firesafety inspectors with

425

fire code management responsibility. This program shall be

426

consistent with national standards. The program shall establish

427

minimum training, education, and experience levels for fire

428

safety inspectors with fire code management responsibilities.

429

     (9) The Division of State Fire Marshal may enter into a

430

reciprocity agreement with the Florida Building Code

431

Administrators and Inspectors Board, established pursuant to s.

432

468.605, to facilitate joint recognition of continuing education

433

recertification hours for certificateholders licensed in

434

accordance with s. 468.609 and firesafety inspectors certified in

435

accordance with subsection (2).

436

     Section 7.  Paragraph (a) of subsection (1) and subsections

437

(2), (3), and (4) of section 633.085, Florida Statutes, are

438

amended to read:

439

     633.085  Inspections of state buildings and premises; tests

440

of firesafety equipment; building plans to be approved.--

441

     (1)(a)  It is the duty of the State Fire Marshal and her or

442

his agents to inspect, or cause to be inspected, each state-owned

443

building and each building located on land owned by the state and

444

used primarily for state purposes as determined by the State Fire

445

Marshal, such buildings to be referred to in this section as a

446

state-owned building or state-owned buildings, on a recurring

447

basis established by rule, and to ensure that high-hazard

448

occupancies are inspected at least annually, for the purpose of

449

ascertaining and causing to be corrected any conditions liable to

450

cause fire or endanger life from fire and any violation of the

451

firesafety standards for state-owned buildings, the provisions of

452

this chapter, or the rules or regulations adopted and promulgated

453

pursuant hereto. The State Fire Marshal shall, within 7 days

454

following an inspection, submit a report of such inspection to

455

the head of the department of state government responsible for

456

the building.

457

     (2) The State Fire Marshal and her or his agents may shall

458

conduct performance tests on any electronic fire warning and

459

smoke detection system, and any pressurized air-handling unit, in

460

any state-owned building or state-leased space on a recurring

461

basis as provided in subsection (1). The State Fire Marshal and

462

her or his agents shall also ensure that fire drills are

463

conducted in all high hazard state-owned buildings or high hazard

464

state-leased high-hazard occupancies at least annually.

465

     (3)  All construction of any new, or renovation, alteration,

466

or change of occupancy of any existing, state-owned building or

467

state-leased space shall comply with the uniform firesafety

468

standards of the State Fire Marshal.

469

     (a)  For all new construction or renovation, alteration, or

470

change of occupancy of state-leased space, compliance with the

471

uniform firesafety standards shall be determined by reviewing the

472

plans for the proposed construction or occupancy submitted by the

473

lessor to the Division of State Fire Marshal for review and

474

approval prior to commencement of construction or occupancy,

475

which review shall be completed within 10 working days after

476

receipt of the plans by the Division of State Fire Marshal.

477

     (b)  The plans for all construction of any new, or

478

renovation or alteration of any existing, state-owned building

479

are subject to the review and approval of the Division of State

480

Fire Marshal for compliance with the uniform firesafety standards

481

prior to commencement of construction or change of occupancy,

482

which review shall be completed within 30 calendar days of

483

receipt of the plans by the Division of State Fire Marshal.

484

     (4)  The Division of State Fire Marshal may inspect state-

485

owned buildings space and state-leased space as necessary prior

486

to occupancy or during construction, renovation, or alteration to

487

ascertain compliance with the uniform firesafety standards.

488

Whenever the Division of State Fire Marshal determines by virtue

489

of such inspection or by review of plans that construction,

490

renovation, or alteration of state-owned buildings and state-

491

leased space is not in compliance with the uniform firesafety

492

standards, the Division of State Fire Marshal shall issue an

493

order to cease construction, renovation, or alteration, or to

494

preclude occupancy, of a building until compliance is obtained,

495

except for those activities required to achieve such compliance.

496

     Section 8.  Section 633.101, Florida Statutes, is amended to

497

read:

498

     633.101  Hearings; investigations; investigatory powers of

499

State Fire Marshal; costs of service and witness fees.--

500

     (1)  The State Fire Marshal may in his or her discretion

501

take or cause to be taken the testimony on oath of all persons

502

whom he or she believes to be cognizant of any facts in relation

503

to matters under investigation. The State Fire Marshal may

504

administer oaths and affirmations, request the attendance of

505

witnesses or proffering of matter, and collect evidence.

506

     (2) If the State Fire Marshal seeks to obtain by request

507

any matter that or the testimony of any person who is located

508

outside the state, the person requested shall provide the

509

testimony to the State Fire Marshal or make the matter available

510

to the State Fire Marshal to examine at the place where the

511

matter is located. The State Fire Marshal may designate

512

representatives, including officials of the state in which the

513

matter is located, to inspect the matter on behalf of the State

514

Fire Marshal, and the State Fire Marshal may respond to similar

515

requests from officials of other states.

516

     (3)(a) The State Fire Marshal may request that an

517

individual who refuses to comply with any request made under

518

subsection (2) be ordered by the circuit court to provide the

519

testimony or matter. The court shall not order such compliance

520

unless the State Fire Marshal has demonstrated to the

521

satisfaction of the court that the testimony of the witness or

522

the matter under request has a direct bearing on matter under the

523

jurisdiction of the State Fire Marshal, constitutes a felony or

524

misdemeanor under this chapter, the Florida Insurance Code, or a

525

fraudulent insurance act, or is pertinent and necessary to

526

further such investigation.

527

     (b) Except in a prosecution for perjury, an individual who

528

complies with a court order to provide testimony or matter after

529

asserting a privilege against self-incrimination to which the

530

individual is entitled by law may not be subjected to a criminal

531

proceeding or to a civil penalty with respect to the act

532

concerning which the individual is required to testify or produce

533

relevant matter.

534

     (c) In the absence of fraud or bad faith, a person is not

535

subject to civil liability for libel, slander, or any other

536

relevant tort by virtue of filing reports, without malice, or

537

furnishing other information, without malice, required by this

538

chapter or required by the State Fire Marshal under the authority

539

granted in this chapter, and no civil cause of action of any

540

nature shall arise against such person for:

541

     1. Any information relating to a matter under the

542

jurisdiction of the State Fire Marshal, suspected violations of

543

the Florida Insurance Code, or fraudulent insurance acts or

544

persons suspected of engaging in such acts furnished to or

545

received from law enforcement officials or their agents or

546

employees;

547

     2. Any information relating to any matter under the

548

jurisdiction of the State Fire Marshal, suspected violations of

549

the Florida Insurance Code, fraudulent insurance acts or persons

550

suspected of engaging in such acts furnished to or received from

551

other persons subject to the provisions of this chapter;

552

     3. Any such information furnished in reports to the State

553

Fire Marshal or any local, state, or federal enforcement

554

officials or their agents or employees; or

555

     4. Other actions taken in cooperation with any of the

556

agencies or individuals specified in this paragraph in the lawful

557

investigation of violations under the jurisdiction of the State

558

Fire Marshal, suspected violations of the Florida Insurance Code,

559

or suspected fraudulent insurance acts.

560

     (d) In addition to the immunity granted in paragraph (c),

561

persons identified as designated employees whose responsibilities

562

include the investigation and disposition of violations under the

563

jurisdiction of the State Fire Marshal or the Florida Insurance

564

Code and claims relating to suspected fraudulent insurance acts

565

may share information relating to persons suspected of such acts

566

with other designated employees employed by the same or other

567

insurers whose responsibilities include such acts, provided the

568

State Fire Marshal has been given written notice of the names and

569

job titles of such designated employees prior to such designated

570

employees sharing information. Unless the designated employees of

571

the insurer act in bad faith or in reckless disregard for the

572

rights of any insured, the insurer or its designated employees

573

are not civilly liable for libel, slander, or any other relevant

574

tort, and a civil action does not arise against the insurer or

575

its designated employees for:

576

     1. Any information related to any matter under the

577

jurisdiction of the State Fire Marshal, the Florida Insurance

578

Code, or suspected fraudulent insurance acts provided to an

579

insurer; or

580

     2. Any information relating to any matter under the

581

jurisdiction of the State Fire Marshal, the Florida Insurance

582

Code, or suspected fraudulent insurance acts provided to the

583

National Insurance Crime Bureau or the National Association of

584

Insurance Commissioners.

585

586

However, the qualified immunity against civil liability conferred

587

on any insurer or its designated employees shall be forfeited

588

with respect to the exchange or publication of any defamatory

589

information with third persons not expressly authorized by this

590

paragraph to share in such information.

591

     (e) The State Fire Marshal and any employee or agent of the

592

department, when acting without malice and in the absence of

593

fraud or bad faith, is not subject to civil liability for libel,

594

slander, or any other relevant tort, and no civil cause of action

595

of any nature exists against such person by virtue of the

596

execution of official activities or duties of the State Fire

597

Marshal or by virtue of the publication of any report or bulletin

598

related to the official activities or duties of the State Fire

599

Marshal under this chapter.

600

     (f) This section does not abrogate or modify in any way any

601

common-law or statutory privilege or immunity otherwise enjoyed

602

by any person.

603

     (5)(a) Papers, documents, reports, or evidence relative to

604

the subject of an investigation under this section shall not be

605

subject to discovery until the investigation is completed or

606

ceases to be active. Agents of the State Fire Marshal shall not

607

be subject to subpoena in civil actions by any court of this

608

state to testify concerning any matter of which they have

609

knowledge pursuant to a pending investigation by the State Fire

610

Marshal.

611

     (b) Physical evidence that is not capable of being copied

612

or reproduced shall not constitute a public record and shall be

613

disposed of in accordance with s. 705.105. During the pendency of

614

an active investigation, physical evidence shall not be subject

615

to subpoena until the investigation is completed or ceases to be

616

active, unless the State Fire Marshal consents to release of the

617

physical evidence.

618

     (6) Any person, other than an insurer, agent, or other

619

person licensed under the Florida Insurance Code, or an employee

620

of such licensee, having knowledge or a belief that a crime

621

involving arson, a destructive device, a fraudulent insurance

622

act, or any other act or practice which, upon conviction,

623

constitutes a felony or a misdemeanor under this chapter, the

624

Florida Insurance Code, or s. 817.233 is being or has been

625

committed may submit to the State Fire Marshal a report or

626

information pertinent to such knowledge or belief and such

627

additional information relative to such knowledge or belief as

628

the State Fire Marshal may request. Any insurer, agent, or other

629

person licensed under the Florida Insurance Code, or an employee

630

of such licensee, having knowledge or belief that a fraudulent

631

insurance act or any other act or practice which, upon

632

conviction, constitutes a felony or a misdemeanor under this

633

chapter, the Florida Insurance Code, or s. 817.233 is being or

634

has been committed shall send to the State Fire Marshal a report

635

or information pertinent to such knowledge or belief and such

636

additional information relative to such knowledge or belief as

637

the State Fire Marshal may require. The State Fire Marshal shall

638

review such information or reports and select such information or

639

reports as, in his or her judgment, may require further

640

investigation. The State Fire Marshal shall then cause an

641

independent examination of the facts surrounding such information

642

or report to be made to determine the extent, if any, to which a

643

crime involving arson, a destructive device, or a fraudulent

644

insurance act or any other act or practice which, upon

645

conviction, constitutes a felony or a misdemeanor under this

646

chapter, the Florida Insurance Code, or s. 817.233 is being or

647

has been committed. The State Fire Marshal shall report any

648

alleged violations of law which his or her investigations reveal

649

to the appropriate licensing agency and state attorney or other

650

prosecuting agency having jurisdiction with respect to any such

651

violation. If prosecution by the state attorney or other

652

prosecuting agency having jurisdiction with respect to such

653

violation is not begun within 60 days after such report by the

654

State Fire Marshal, the state attorney or other prosecuting

655

agency having jurisdiction with respect to such violation shall

656

inform the State Fire Marshal of the reasons for the lack of

657

prosecution.

658

     (7) Each agent of the State Fire Marshal may make arrests

659

for criminal violations established as a result of an

660

investigation and are considered state law enforcement officers

661

for all purposes and may execute arrest warrants and search

662

warrants; may serve subpoenas issued for the examination,

663

investigation, and trial of all offenses; and may arrest upon

664

probable cause without warrant any person found engaging in any

665

act constituting a felony or misdemeanor under this chapter, the

666

Florida Insurance Code, or s. 817.233. Each agent of the State

667

Fire Marshal may make arrests under this section and may bear

668

arms in the performance of his or her duties. In such situations,

669

the agent of the State Fire Marshal must be certified in

670

compliance with the provisions of s. 943.1395 or must meet the

671

temporary employment or appointment exemption requirements of s.

672

943.131 until certified.

673

     (8) It is unlawful for any person to resist arrest by an

674

agent of the State Fire Marshal authorized by this section or in

675

any manner to interfere, by abetting or assisting such resistance

676

or otherwise interfering, with any Division of State Fire Marshal

677

investigator in the duties imposed upon such agent or

678

investigator by law or department rule.

679

     (2) If the State Fire Marshal shall be of the opinion that

680

there is sufficient evidence to charge any person with an

681

offense, he or she shall cause the arrest of such person and

682

shall furnish to the prosecuting officer of any court having

683

jurisdiction of said offense all information obtained by him or

684

her, including a copy of all pertinent and material testimony

685

taken, together with the names and addresses of all witnesses. In

686

the conduct of such investigations, the fire marshal may request

687

such assistance as may reasonably be given by such prosecuting

688

officers and other local officials.

689

     (3) The fire marshal may summon and compel the attendance

690

of witnesses before him or her to testify in relation to any

691

manner which is, by the provisions of this chapter, a subject of

692

inquiry and investigation, and he or she may require the

693

production of any book, paper or document deemed pertinent

694

thereto by him or her, and may seize furniture and other personal

695

property to be held for evidence.

696

     (4) All persons so summoned and so testifying shall be

697

entitled to the same witness fees and mileage as provided for

698

witnesses testifying in the circuit courts of this state, and

699

officers serving subpoenas or orders of the fire marshal shall be

700

paid in like manner for like services in such courts, from the

701

funds herein provided.

702

     Section 9.  Section 633.121, Florida Statutes, is amended to

703

read:

704

     633.121  Persons authorized to enforce laws and rules of

705

State Fire Marshal.--The chiefs of county, municipal, and

706

special-district fire departments; other fire department

707

personnel designated by their respective chiefs; and personnel

708

designated by local governments having no organized fire

709

departments; and all law enforcement officers in the state duly

710

certified under chapter 943 may are authorized to enforce this

711

chapter law and all rules adopted prescribed by the State Fire

712

Marshal within their respective jurisdictions. Such personnel

713

acting under the authority of this section shall be deemed to be

714

agents of their respective jurisdictions, not agents of the State

715

Fire Marshal.

716

     Section 10.  Section 633.13, Florida Statutes, is amended to

717

read:

718

     633.13  State Fire Marshal; authority of agents.--The

719

authority given the State Fire Marshal under this chapter or any

720

rule or order adopted by the State Fire Marshal law may be

721

exercised by his or her agents, either individually or in

722

conjunction with any other state or local official charged with

723

similar responsibilities.

724

     Section 11.  Section 633.145, Florida Statutes, is created

725

to read:

726

     633.145 Arson and Destructive Device Reward Program.--

727

     (1) The Arson and Destructive Device Reward Program is

728

established within the department, to be funded from the

729

Insurance Regulatory Trust Fund.

730

     (2) The department may pay rewards of up to $25,000 to

731

persons providing information leading to the arrest and

732

conviction of persons committing crimes involving arson and

733

destructive devices investigated by the Bureau of Fire and Arson

734

Investigations arising from violations of s. 790.161, s.

735

790.1615, s. 790.162, s. 790.163, s. 790.164, s. 790.166, s.

736

806.01, s. 806.031, s. 806.10, s. 806.111, or s. 817.233.

737

     (3) Only a single reward amount may be paid by the

738

department for claims arising out of the same transaction or

739

occurrence, regardless of the number of persons arrested and

740

convicted and the number of persons submitting claims for the

741

reward. The reward may be disbursed among more than one person in

742

amounts as determined by the department.

743

     (4) The department shall adopt rules, including any

744

necessary forms, which set forth the application and approval

745

process, including the criteria against which claims shall be

746

evaluated, the basis for determining specific reward amounts, and

747

the manner in which rewards shall be disbursed. Applications for

748

rewards authorized by this section must be made pursuant to rules

749

adopted by the department.

750

     (5) Determinations by the department to grant or deny a

751

reward under this section are discretionary on the part of the

752

department and are final. Such determinations are not agency

753

actions subject to review under s. 120.569 or s. 120.57 and are

754

not final orders or appealable in any court of appeal.

755

     Section 12.  Subsections (1) and (3) of section 633.161,

756

Florida Statutes, are amended to read:

757

     633.161  Violations; orders to cease and desist, correct

758

hazardous conditions, preclude occupancy, or vacate; enforcement;

759

penalties.--

760

     (1)  If it is determined by the department that a violation

761

specified in this subsection exists, the State Fire Marshal or

762

her or his deputy may issue and deliver to the person committing

763

the violation an order to cease and desist from such violation,

764

to correct any hazardous condition, to preclude occupancy of the

765

affected building or structure, or to vacate the premises of the

766

affected building or structure. Such violations consist of are:

767

     (a)  Except as set forth in paragraph (b), a violation of

768

any provision of this chapter, of any rule adopted pursuant

769

thereto, of any applicable uniform firesafety standard adopted

770

pursuant to s. 633.022 which is not adequately addressed by any

771

alternative requirements adopted on a local level, or of any

772

minimum firesafety standard adopted pursuant to s. 394.879.

773

     (b)  A substantial violation of an applicable minimum

774

firesafety standard adopted pursuant to s. 633.025 which is not

775

reasonably addressed by any alternative requirement imposed at

776

the local level, or an unreasonable interpretation of an

777

applicable minimum firesafety standard, and which violation or

778

interpretation clearly constitutes a danger to lifesafety.

779

     (c)  A building or structure which is in a dilapidated

780

condition and as a result thereof creates a danger to life,

781

safety, or property.

782

     (d)  A building or structure which contains explosive matter

783

or flammable liquids or gases constituting a danger to life,

784

safety, or property.

785

     (e) A fire department that is not operated by or under

786

contract with a political subdivision as defined in s. 1.01.

787

     (3)  Any person who violates or fails to comply with any

788

order under subsection (1) or subsection (2) commits is guilty of

789

a misdemeanor, punishable as provided in s. 633.171.

790

     Section 13.  Subsection (1) of section 633.171, Florida

791

Statutes, is amended to read:

792

     633.171  Penalty for violation of law, rule, or order to

793

cease and desist or for failure to comply with corrective

794

order.--

795

     (1) Any person who violates any provision of this chapter

796

law, any order or rule of the State Fire Marshal, or any order to

797

cease and desist or to correct conditions issued under this

798

chapter commits a misdemeanor of the second degree, punishable as

799

provided in s. 775.082 or s. 775.083.

800

     Section 14.  Subsection (1) of section 633.175, Florida

801

Statutes, is amended, subsection (9) of that section is

802

renumbered as subsection (10), and a new subsection (9) is added

803

to that section, to read:

804

     633.175  Investigation of fraudulent insurance claims and

805

crimes; immunity of insurance companies supplying information.--

806

     (1) In addition to the other powers granted by this

807

chapter, the State Fire Marshal or an agent appointed pursuant to

808

s. 633.02, any law enforcement officer as defined in s. 111.065,

809

any law enforcement officer of a federal agency, or any fire

810

department official who is engaged in the investigation of a fire

811

loss may request any insurance company or its agent, adjuster,

812

employee, or attorney, investigating a claim under an insurance

813

policy or contract with respect to a fire to release any

814

information whatsoever in the possession of the insurance company

815

or its agent, adjuster, employee, or attorney relative to a loss

816

from that fire. The insurance company shall release the available

817

information to and cooperate with any official authorized to

818

request such information pursuant to this section. The

819

information shall include, but shall not be limited to:

820

     (a)  Any insurance policy relevant to a loss under

821

investigation and any application for such a policy.

822

     (b)  Any policy premium payment records.

823

     (c)  The records, reports, and all material pertaining to

824

any previous claims made by the insured with the reporting

825

company.

826

     (d)  Material relating to the investigation of the loss,

827

including statements of any person, proof of loss, and other

828

relevant evidence.

829

     (e)  Memoranda, notes, and correspondence relating to the

830

investigation of the loss in the possession of the insurance

831

company or its agents, adjusters, employees, or attorneys.

832

     (9) For the purposes of this section, a person commits a

833

fraudulent insurance act if the person knowingly and with intent

834

to defraud presents, causes to be presented, or prepares with

835

knowledge or belief that it will be presented, to or by an

836

insurer, self-insurer, self-insurance fund, servicing

837

corporation, purported insurer, or broker, or any agent of such

838

an entity, any written statement as part of, or in support of, an

839

application for the issuance of, or the rating of, any insurance

840

policy, or a claim for payment or other benefit pursuant to any

841

insurance policy, which the person knows to contain materially

842

false information concerning any fact material to such statement

843

or claim or if the person conceals, for the purpose of misleading

844

another, information concerning any fact material to such

845

statement or claim.

846

     (10)(9) Any person who willfully violates the provisions of

847

this section is guilty of a misdemeanor of the first degree,

848

punishable as provided in s. 775.082 or s. 775.083.

849

     Section 15.  Section 633.18, Florida Statutes, is amended to

850

read:

851

     633.18  State Fire Marshal; hearings and investigations;

852

subpoena of witnesses; orders of circuit court.--Any agent

853

designated by the State Fire Marshal for such purposes, may hold

854

hearings, sign and issue subpoenas, administer oaths, examine

855

witnesses, receive evidence, and require by subpoena the

856

attendance and testimony of witnesses and the production of such

857

accounts, records, memoranda or other evidence, as may be

858

material for the determination of any complaint or conducting any

859

inquiry or investigation under this chapter or any rule or order

860

of the State Fire Marshal law. In case of disobedience to a

861

subpoena, the State Fire Marshal or his or her agent may invoke

862

the aid of any court of competent jurisdiction in requiring the

863

attendance and testimony of witnesses and the production of

864

accounts, records, memoranda or other evidence and any such court

865

may in case of contumacy or refusal to obey a subpoena issued to

866

any person, issue an order requiring the person to appear before

867

the State Fire Marshal's agent or produce accounts, records,

868

memoranda or other evidence, as so ordered, or to give evidence

869

touching any matter pertinent to any complaint or the subject of

870

any inquiry or investigation, and any failure to obey such order

871

of the court shall be punished by the court as a contempt

872

thereof.

873

     Section 16.  Section 633.30, Florida Statutes, is amended to

874

read:

875

     633.30  Standards for firefighting; definitions.--As used in

876

this chapter, the term:

877

     (1) "Apprentice firefighter" means any high school student

878

who completes a high school course of instruction and examination

879

approved by the department that includes specified components of

880

firefighter I and II certification in accordance with the

881

division's rules. Prior to the person's 18th birthday, an

882

apprentice firefighter may function as a fireground resource

883

technician with a recognized fire department. Upon the apprentice

884

firefighter's 18th birthday and graduation from high school, the

885

apprentice firefighter may complete the outstanding components of

886

firefighter I and II certification training and become certified

887

at level II in accordance with the division's rules.

888

     (2) "Career firefighter" means a person who is compensated

889

at an hourly or salaried rate and whose work hours are scheduled

890

in advance to maintain a schedule of coverage at a station,

891

facility, or area to function as described in subsection (8).

892

     (3)(4) "Council" means the Firefighters Employment,

893

Standards, and Training Council.

894

     (4)(3) "Department" means the Department of Financial

895

Services.

896

     (5)(5) "Division" means the Division of State Fire Marshal

897

of the Department of Financial Services.

898

     (6)(2) "Employing agency" means any municipality or county,

899

the state, or any political subdivision of the state, including

900

authorities and special districts, employing firefighters as

901

defined in subsection (1).

902

     (7) "Fire department" means an organization that responds

903

to emergency calls for the purpose of fighting fires.

904

     (8)(1) "Firefighter" means any person initially employed as

905

a full-time professional firefighter by any employing agency, as

906

defined herein, whose primary responsibility is the prevention

907

and extinguishment of fires, the protection and saving of life

908

and property, and the enforcement of municipal, county, and state

909

fire prevention codes, as well as of any law pertaining to the

910

prevention and control of fires.

911

     (9) "Firefighter I" means a person who has successfully

912

completed the firefighter I training program and is certified at

913

level I in accordance with the division's rules. Firefighter I is

914

the minimum level of certification to function as a volunteer

915

firefighter.

916

     (10) "Firefighter II" means a person who has successfully

917

completed the firefighter II training program and is certified at

918

level II in accordance with the division's rules. Firefighter II

919

is the minimum level of certification to function as a full-time

920

career firefighter as set forth in subsection (2).

921

     (11) "Fireground resource technician" means a volunteer

922

exterior firefighter or support person who is not qualified by

923

certification to be an interior firefighter but who has completed

924

a course of instruction in accordance with the division's rules.

925

Fireground resource technician is the minimum level of

926

certification to function on the fireground in accordance with

927

division rules.

928

     Section 17.  Section 633.34, Florida Statutes, is amended to

929

read:

930

     633.34  Firefighters; qualifications for employment.--

931

     (1) Any person applying to an employing agency to function

932

for employment as a firefighter must:

933

     (a)(1) Be a high school graduate or the equivalent, as the

934

term may be determined by the division, and at least 18 years of

935

age.

936

     (b)(2) Never have been adjudicated guilty of, or pled

937

guilty or nolo contendere to, any:

938

     1. Felony. If an applicant has been convicted of a felony,

939

the applicant is not eligible for certification until the

940

applicant complies with s. 112.011(2)(b); or

941

     2. Misdemeanor involving moral turpitude, dishonest acts,

942

or misleading or false statements relating to certification or

943

employment as a firefighter.

944

945

If an applicant has been sentenced for any conviction of a felony

946

or a misdemeanor, the applicant is not eligible for certification

947

until 4 years after the expiration of any sentence. If a sentence

948

is suspended or adjudication is withheld and a period of

949

probation is imposed, the applicant must have been released from

950

probation. Neither have been convicted of a felony or of a

951

misdemeanor directly related to the position of employment

952

sought, nor have pled nolo contendere to any charge of a felony.

953

If an applicant has been convicted of a felony, such applicant

954

must be in compliance with s. 112.011(2)(b). If an applicant has

955

been convicted of a misdemeanor directly related to the position

956

of employment sought, such applicant shall be excluded from

957

employment for a period of 4 years after expiration of sentence.

958

If the sentence is suspended or adjudication is withheld in a

959

felony charge or in a misdemeanor directly related to the

960

position or employment sought and a period of probation is

961

imposed, the applicant must have been released from probation.

962

     (c)(3) Pay for and submit fingerprints as directed by the

963

division. Submit a fingerprint card to the division with a

964

current processing fee. The fingerprints shall fingerprint card

965

will be forwarded to the Department of Law Enforcement or and/or

966

the Federal Bureau of Investigation or both, as directed by

967

division rule.

968

     (4) Have a good moral character as determined by

969

investigation under procedure established by the division.

970

     (d)(5) Be in good physical condition as determined by a

971

medical examination given by a physician, surgeon, or physician

972

assistant licensed to practice in the state pursuant to chapter

973

458; an osteopathic physician, surgeon, or physician assistant

974

licensed to practice in the state pursuant to chapter 459; or an

975

advanced registered nurse practitioner licensed to practice in

976

the state pursuant to chapter 464, who are aware of and familiar

977

with the medical requirements for training and certification as

978

stated in department rule. Such examination may include, but need

979

not be limited to, provisions of the National Fire Protection

980

Association Standard 1582. Results of this A medical examination

981

evidencing good physical condition shall be submitted to the

982

division, on a form as provided by rule, before an individual is

983

eligible for admission into a firefighter training program as

984

defined in s. 633.35.

985

     (e)(6) Be a nonuser of tobacco or tobacco products for at

986

least 1 year immediately preceding application, as evidenced by

987

the sworn affidavit of the applicant.

988

     (2) A person who does not hold an apprentice firefighter,

989

fireground resource technician, firefighter I, or firefighter II

990

certificate shall not respond to or engage in hazardous

991

operations, including, but not limited to, interior structural

992

firefighting, hazardous-materials-incident mitigation, and

993

incident command, requiring the knowledge and skills taught in

994

the training programs established in s. 633.35, regardless of

995

volunteer or employment status.

996

     Section 18.  Section 633.35, Florida Statutes, is amended to

997

read:

998

     633.35  Firefighter training and certification.--

999

     (1) The division shall establish by rule a firefighter

1000

training programs for certification as a fireground resource

1001

technician, an apprentice firefighter, a firefighter I, or a

1002

firefighter II, to be program of not less than 360 hours,

1003

administered by such agencies and institutions as approved by the

1004

division in accordance with division rules, it approves for the

1005

purpose of providing basic employment training for firefighters.

1006

Nothing herein shall require a public employer to pay the cost of

1007

such training.

1008

     (2) The division shall issue certificates a certificate of

1009

compliance for certification as a fireground resource technician,

1010

an apprentice firefighter, a firefighter I, or a firefighter II

1011

to any person who has satisfactorily completed complying with the

1012

training programs program established in subsection (1), who has

1013

successfully passed an examination as prescribed by the division,

1014

and who possesses the qualifications specified for employment in

1015

s. 633.34, except s. 633.34(5). A No person may not be employed

1016

as a career regular or permanent firefighter by an employing

1017

agency, or by a private entity under contract with the state or

1018

any political subdivision of the state, including authorities and

1019

special districts, unless certified as a firefighter II, except

1020

for an individual hired to be trained and become certified as a

1021

firefighter II. An individual hired to be trained and become

1022

certified as a firefighter II has a maximum of, for a period of

1023

time in excess of 1 year from the date of initial employment to

1024

obtain the firefighter II until he or she has obtained such

1025

certificate of compliance. A person who does not hold a

1026

firefighter II certificate of compliance and is employed under

1027

this section may not directly engage in hazardous operations,

1028

such as interior structural firefighting or and hazardous-

1029

materials-incident mitigation, requiring the knowledge and skills

1030

taught in a training program established in subsection (1),

1031

including incident command. However, a person who is certified

1032

and has been employed by served as a volunteer firefighter with

1033

the state or any political subdivision of the state, including

1034

authorities and special districts, who is then employed as a

1035

career regular or permanent firefighter may function, during this

1036

period, in the same capacity in which he or she acted prior to

1037

being employed as a career firefighter as a volunteer

1038

firefighter, provided that he or she has completed all training

1039

required by the volunteer organization.

1040

     (3) The division may issue a certificate of compliance at

1041

the firefighter I or firefighter II level to any person who has

1042

received basic employment training for firefighters in another

1043

state when the division has determined that such training was at

1044

least equivalent to that required by the division for approved

1045

firefighter education and training programs in this state and

1046

when such person has satisfactorily complied with all other

1047

requirements of this section. The division may also issue a

1048

special certificate to a person who is otherwise qualified under

1049

this section and who is employed as the administrative and

1050

command head of a fire/rescue/emergency services organization,

1051

based on the acknowledgment that such person is less likely to

1052

need physical dexterity and more likely to need advanced

1053

knowledge of firefighting and supervisory skills. The certificate

1054

is valid only while the person is serving in a position as an

1055

administrative and command head of a fire/rescue/emergency

1056

services organization and must be obtained prior to employment in

1057

such capacity.

1058

     (4)  A person who fails an examination given under this

1059

section may retake the examination once within 6 months after the

1060

original examination date. An applicant who does not pass retake

1061

the examination within such time must repeat or take the

1062

applicable training program Minimum Standards Course, pursuant to

1063

subsection (1), before being reexamined. The division may

1064

establish reasonable preregistration deadlines for such

1065

reexaminations.

1066

     (5)  Pursuant to s. 590.02(1)(e), the division shall

1067

establish a structural fire training program of not less than 40

1068

hours. The division shall issue to any person satisfactorily

1069

complying with this training program and who has successfully

1070

passed an examination as prescribed by the division and who has

1071

met the requirements of s. 590.02(1)(e) a Certificate of Forestry

1072

Firefighter.

1073

     (6)  A certified forestry firefighter is entitled to the

1074

same rights, privileges, and benefits provided for by law as a

1075

certified firefighter.

1076

     Section 19.  Section 633.351, Florida Statutes, is amended

1077

to read:

1078

     633.351  Disciplinary action; firefighters; standards for

1079

revocation of certification.--

1080

     (1)  The certification of a firefighter shall be revoked if

1081

evidence is found that the certification was improperly issued by

1082

the division or if evidence is found that the certification was

1083

issued on the basis of false, incorrect, incomplete, or

1084

misleading information.

1085

     (2) The certification of a firefighter who has been

1086

adjudicated guilty of, or pled guilty or nolo contendere to, any

1087

felony, or any misdemeanor involving moral turpitude, dishonest

1088

acts, or misleading or false statements relating to the

1089

certification or employment as a firefighter, shall be revoked.

1090

In the case of a felony, the certification may not be reinstated

1091

is convicted of a felony, or who is convicted of a misdemeanor

1092

relating to misleading or false statements, or who pleads nolo

1093

contendere to any charge of a felony shall be revoked until the

1094

firefighter complies with s. 112.011(2)(b). However, if sentence

1095

upon such felony or such misdemeanor charge is suspended or

1096

adjudication is withheld, the firefighter's certification shall

1097

be revoked until she or he completes any probation.

1098

     Section 20.  Section 633.352, Florida Statutes, is amended

1099

to read:

1100

     633.352  Retention of firefighter certification.--

1101

     (1) Any certified firefighter who has not been active as a

1102

firefighter, or as a volunteer firefighter with an organized fire

1103

department, for a period of 3 years shall be required to retake

1104

and pass the written and practical portions portion of the

1105

minimum standards state examination specified in division rules.

1106

rule 4A-37.056(6)(b), Florida Administrative Code, in order to

1107

maintain her or his certification as a firefighter; however,

1108

     (2) This requirement does not apply to state-certified

1109

firefighters who are certified and employed as full-time fire

1110

safety inspectors by a fire department employing agency

1111

instructors, as determined by the division.

1112

     (3) The 3-year period begins on the date the certificate of

1113

compliance is issued, or upon termination of service with an

1114

organized fire department, or upon expiration of instructor

1115

certification.

1116

     Section 21.  Subsections (1), (2), and (3) of section

1117

633.382, Florida Statutes, are amended to read:

1118

     633.382  Firefighters; supplemental compensation.--

1119

     (1)  DEFINITIONS.--As used in this section, the term:

1120

     (a)  "Employing agency" means any municipality or any

1121

county, the state, or any political subdivision of the state,

1122

including authorities and special districts employing

1123

firefighters.

1124

     (b)  "Firefighter" means any person who meets the definition

1125

of the term "firefighter" in s. 633.30(2) and (10)(1) who is

1126

certified in compliance with s. 633.35 and who is employed solely

1127

within the fire department of the employing agency or is employed

1128

by the division.

1129

     (2)  QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.--

1130

     (a)  In addition to the compensation now paid by an

1131

employing agency to a any firefighter II, every career

1132

firefighter shall be paid supplemental compensation by the

1133

employing agency when such firefighter has complied with one of

1134

the following criteria:

1135

     1. Any firefighter II who receives an associate degree from

1136

an accredited a college, which degree is applicable to fire

1137

department duties, as outlined in policy guidelines of the

1138

division, shall be additionally compensated as outlined in

1139

paragraph (3)(a).

1140

     2. Any firefighter II, regardless of whether or not she or

1141

he earned an associate degree earlier, who receives from an

1142

accredited college or university a bachelor's degree, which

1143

bachelor's degree is applicable to fire department duties, as

1144

outlined in policy guidelines of the division, shall receive

1145

compensation as outlined in paragraph (3)(b).

1146

     3. Any firefighter II who receives from an accredited

1147

college or university a master's degree, which master's degree is

1148

applicable to fire department duties, as outlined in policy

1149

guidelines of the division, shall receive compensation as

1150

outlined in paragraph (3)(c).

1151

     (b)  Whenever any question arises as to the eligibility of

1152

any firefighter to receive supplemental compensation as provided

1153

in this section, the question, together with all facts relating

1154

thereto, shall be submitted to the division for determination,

1155

and the decision of the division with regard to determination of

1156

eligibility shall be final, subject to the provisions of chapter

1157

120.

1158

     (3)  SUPPLEMENTAL COMPENSATION.--Supplemental compensation

1159

shall be determined as follows:

1160

     (a)  Fifty dollars shall be paid monthly to each firefighter

1161

who qualifies under the provisions of subparagraph (2)(a)1.

1162

     (b)  One hundred and ten dollars shall be paid monthly to

1163

each firefighter who qualifies under the provisions of

1164

subparagraph (2)(a)2.

1165

     (c) One hundred and fifty dollars shall be paid monthly to

1166

each firefighter who qualifies under subparagraph (2)(a)3.

1167

     Section 22.  Subsection (3) is added to section 633.524,

1168

Florida Statutes, to read:

1169

     633.524  Certificate and permit fees; use and deposit of

1170

collected funds.--

1171

     (3) The State Fire Marshal may enter into a contract with

1172

any qualified public entity or private company in accordance with

1173

chapter 287 to provide examinations for any applicant for any

1174

examination administered under the jurisdiction of the State Fire

1175

Marshal under this chapter or any other chapter under the

1176

jurisdiction of the State Fire Marshal. The State Fire Marshal

1177

may have payments from each applicant for each examination made

1178

directly to such public entity or private company.

1179

     Section 23.  Subsections (1) and (4) of section 633.541,

1180

Florida Statutes, are amended to read:

1181

     633.541  Contracting without certificate prohibited;

1182

violations; penalty.--

1183

     (1)  It is unlawful for any organization or individual to

1184

engage in, or to engage in the business of, the layout,

1185

fabrication, installation, inspection, alteration, repair, or

1186

service of a fire protection system, other than a preengineered

1187

system, act in the capacity of a fire protection contractor, or

1188

advertise itself as being a fire protection contractor without

1189

having been duly certified and holding a valid and existing

1190

certificate, except as hereinafter provided. The holder of a

1191

certificate used to qualify an organization must be a full-time

1192

employee of the qualified organization or business. A

1193

certificateholder who is employed by more than one fire

1194

protection contractor during the same period of time is deemed

1195

not to be a full-time employee of either contractor. The State

1196

Fire Marshal shall revoke, for a period of time determined by the

1197

State Fire Marshal, the certificate of a certificateholder who

1198

allows the use of the certificate to qualify a company of which

1199

the certificateholder is not a full-time employee. A contractor

1200

who maintains more than one place of business must employ a

1201

certificateholder at each location. Nothing in this subsection

1202

prohibits an employee acting on behalf of governmental entities

1203

from inspecting and enforcing firesafety codes, provided such

1204

employee is certified under s. 633.081, or an owner of a one or

1205

two family dwelling from inspecting or maintaining the fire

1206

protection system for his or her own house.

1207

     (4)  In addition to the penalties provided in subsection

1208

(3), a fire protection contractor certified under this chapter

1209

who violates any provision of this chapter section or who commits

1210

any act constituting cause for disciplinary action is subject to

1211

suspension or revocation of the certificate and administrative

1212

fines pursuant to s. 633.547.

1213

     Section 24.  Section 633.811, Florida Statutes, is amended

1214

to read:

1215

     633.811  Firefighter employer penalties.--If any firefighter

1216

employer violates or fails or refuses to comply with ss. 633.801-

1217

633.821, or with any rule adopted by the division under such

1218

sections in accordance with chapter 120 for the prevention of

1219

injuries, accidents, or occupational diseases or with any lawful

1220

order of the division in connection with ss. 633.801-633.821, or

1221

fails or refuses to furnish or adopt any safety device,

1222

safeguard, or other means of protection prescribed by division

1223

rule under ss. 633.801-633.821 for the prevention of accidents or

1224

occupational diseases, the division may issue an administrative

1225

cease and desist order, enforceable in the circuit court in the

1226

jurisdiction where the violation is occurring or has occurred,

1227

and assess an administrative fine against a firefighter employer

1228

of not less than $100 nor more than $1,000 for each violation and

1229

each day of each violation. The administrative penalty assessment

1230

shall be subject to the provisions of chapter 120. The division

1231

may also assess against the firefighter employer a civil penalty

1232

of not less than $100 nor more than $5,000 for each day the

1233

violation, omission, failure, or refusal continues after the

1234

firefighter employer has been given written notice of such

1235

violation, omission, failure, or refusal. The total penalty for

1236

each violation shall not exceed $50,000. The division shall adopt

1237

rules requiring penalties commensurate with the frequency or

1238

severity of safety violations. A hearing shall be held in the

1239

county in which the violation, omission, failure, or refusal is

1240

alleged to have occurred, unless otherwise agreed to by the

1241

firefighter employer and authorized by the division. All

1242

penalties assessed and collected under this section shall be

1243

deposited in the Insurance Regulatory Trust Fund.

1244

     Section 25.  Subsection (3) of section 633.821, Florida

1245

Statutes, is amended to read:

1246

     633.821  Workplace safety.--

1247

     (3)  With respect to 29 C.F.R. s. 1910.134(g)(4), the two

1248

individuals located outside the immediately dangerous to life and

1249

health atmosphere may be assigned to an additional role, such as

1250

incident commander, pumper operator, engineer, or driver, so long

1251

as such individual is able to immediately perform assistance or

1252

rescue activities without jeopardizing the safety or health of

1253

any firefighter working at an incident. Also with respect to 29

1254

C.F.R. s. 1910.134(g)(4):

1255

     (a) Each county, municipality, and special district shall

1256

implement such provision by April 1, 2002, except as provided in

1257

paragraphs (b) and (c).

1258

     (b) If any county, municipality, or special district is

1259

unable to implement such provision by April 1, 2002, without

1260

adding additional personnel to its firefighting staff or

1261

expending significant additional funds, such county,

1262

municipality, or special district shall have an additional 6

1263

months within which to implement such provision. Such county,

1264

municipality, or special district shall notify the division that

1265

the 6-month extension to implement such provision is in effect in

1266

such county, municipality, or special district within 30 days

1267

after its decision to extend the time for the additional 6

1268

months. The decision to extend the time for implementation shall

1269

be made prior to April 1, 2002.

1270

     (c) If, after the extension granted in paragraph (b), the

1271

county, municipality, or special district, after having worked

1272

with and cooperated fully with the division and the Firefighters

1273

Employment, Standards, and Training Council, is still unable to

1274

implement such provisions without adding additional personnel to

1275

its firefighting staff or expending significant additional funds,

1276

such municipality, county, or special district shall be exempt

1277

from the requirements of 29 C.F.R. s. 1910.134(g)(4). However,

1278

each year thereafter the division shall review each such county,

1279

municipality, or special district to determine if such county,

1280

municipality, or special district has the ability to implement

1281

such provision without adding additional personnel to its

1282

firefighting staff or expending significant additional funds. If

1283

the division determines that any county, municipality, or special

1284

district has the ability to implement such provision without

1285

adding additional personnel to its firefighting staff or

1286

expending significant additional funds, the division shall

1287

require such county, municipality, or special district to

1288

implement such provision. Such requirement by the division under

1289

this paragraph constitutes final agency action subject to chapter

1290

120.

1291

     Section 26.  Section 1013.12, Florida Statutes, is amended

1292

to read:

1293

     1013.12  Casualty, safety, sanitation, and firesafety

1294

standards and inspection of property.--

1295

     (1)  FIRESAFETY.--The State Board of Education shall adopt

1296

and administer rules prescribing standards for the safety and

1297

health of occupants of educational and ancillary plants as a part

1298

of State Requirements for Educational Facilities or the Florida

1299

Building Code for educational facilities construction as provided

1300

in s. 1013.37, except that the State Fire Marshal in consultation

1301

with the Department of Education shall adopt uniform firesafety

1302

standards for educational and ancillary plants and educational

1303

facilities, as provided in s. 633.022(1)(b), and a firesafety

1304

evaluation system to be used as an alternate firesafety

1305

inspection standard for existing educational and ancillary plants

1306

and educational facilities. The uniform firesafety standards and

1307

the alternate firesafety evaluation system shall be administered

1308

and enforced by local fire officials. These standards must be

1309

used by all public agencies when inspecting public educational

1310

and ancillary plants, and the firesafety standards must be used

1311

by local fire officials when performing firesafety inspections of

1312

public educational and ancillary plants and educational

1313

facilities. In accordance with such standards, each board shall

1314

prescribe policies and procedures establishing a comprehensive

1315

program of safety and sanitation for the protection of occupants

1316

of public educational and ancillary plants. Such policies must

1317

contain procedures for periodic inspections as prescribed in this

1318

section and for withdrawal of any educational and ancillary

1319

plant, or portion thereof, from use until unsafe or unsanitary

1320

conditions are corrected or removed.

1321

     (2)  PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL

1322

BOARDS.--

1323

     (a) Each board shall provide for periodic inspection, other

1324

than firesafety inspection, of each educational and ancillary

1325

plant at least once during each fiscal year to determine

1326

compliance with standards of sanitation and casualty safety

1327

prescribed in the rules of the State Board of Education.

1328

     (b) Firesafety inspections of each educational and

1329

ancillary plant must be made annually by persons certified by the

1330

Division of State Fire Marshal to be eligible to conduct

1331

firesafety inspections in public educational and ancillary

1332

plants. The board shall submit a copy of the firesafety

1333

inspection report to the State Fire Marshal and, if there is a

1334

local fire official who conducts firesafety inspections, to the

1335

local fire official.

1336

     (c) In each firesafety inspection report, the board shall

1337

include a plan of action and a schedule for the correction of

1338

each deficiency which have been formulated in consultation with

1339

the local fire control authority. If immediate life-threatening

1340

deficiencies are noted in any inspection, the board shall either

1341

take action to promptly correct the deficiencies or withdraw the

1342

educational or ancillary plant from use until such time as the

1343

deficiencies are corrected.

1344

     (3)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC

1345

AGENCIES.--

1346

     (a) A safety or sanitation inspection of any educational or

1347

ancillary plant may be made at any time by the Department of

1348

Education or any other state or local agency authorized or

1349

required to conduct such inspections by either general or special

1350

law. Each agency conducting inspections shall use the standards

1351

adopted by the Commissioner of Education in lieu of, and to the

1352

exclusion of, any other inspection standards prescribed either by

1353

statute or administrative rule. The agency shall submit a copy of

1354

the inspection report to the board.

1355

     (b) One firesafety inspection of each educational or

1356

ancillary plant must be conducted each fiscal year by the county,

1357

municipality, or special fire control district in which the plant

1358

is located using the standards adopted by the State Fire Marshal.

1359

The board shall cooperate with the inspecting authority when a

1360

firesafety inspection is made by a governmental authority under

1361

this paragraph.

1362

     (c) In each firesafety inspection report, the local fire

1363

official in conjunction with the board shall include a plan of

1364

action and a schedule for the correction of each deficiency. If

1365

immediate life-threatening deficiencies are noted in any

1366

inspection, the local fire official shall either take action to

1367

require the board to promptly correct the deficiencies or

1368

withdraw the educational facility from use until the deficiencies

1369

are corrected, subject to review by the State Fire Marshal who

1370

shall act within 10 days to ensure that the deficiencies are

1371

corrected or withdraw the facility from use.

1372

     (4)  CORRECTIVE ACTION; DEFICIENCIES OTHER THAN FIRESAFETY

1373

DEFICIENCIES.--Upon failure of the board to take corrective

1374

action within a reasonable time, the agency making the

1375

inspection, other than a local fire official, may request the

1376

commissioner to:

1377

     (a)  Order that appropriate action be taken to correct all

1378

deficiencies in accordance with a schedule determined jointly by

1379

the inspecting authority and the board; in developing the

1380

schedule, consideration must be given to the seriousness of the

1381

deficiencies and the ability of the board to obtain the necessary

1382

funds; or

1383

     (b)  After 30 calendar days' notice to the board, order all

1384

or a portion of the educational or ancillary plant withdrawn from

1385

use until the deficiencies are corrected.

1386

     (5) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION

1387

FACILITIES.--

1388

     (a) Firesafety inspections of community college facilities

1389

shall comply with State Board of Education rules.

1390

     (b) Firesafety inspections of state universities shall

1391

comply with rules of the Board of Governors.

1392

     (6) CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon

1393

failure of the board to take corrective action within the time

1394

designated in the plan of action to correct any firesafety

1395

deficiency noted under paragraph (2)(c) or paragraph (3)(c), the

1396

local fire official shall immediately report the deficiency to

1397

the State Fire Marshal, who shall have enforcement authority with

1398

respect to educational and ancillary plants and educational

1399

facilities as provided in chapter 633 for any other building or

1400

structure.

1401

     (7) ADDITIONAL STANDARDS.--In addition to any other rules

1402

adopted under this section or s. 633.022, the State Fire Marshal

1403

in consultation with the Department of Education shall adopt and

1404

administer rules prescribing the following standards for the

1405

safety and health of occupants of educational and ancillary

1406

plants:

1407

     (a) The designation of serious life-safety hazards,

1408

including, but not limited to, nonfunctional fire alarm systems,

1409

nonfunctional fire sprinkler systems, doors with padlocks or

1410

other locks or devices that preclude egress at any time,

1411

inadequate exits, hazardous electrical system conditions,

1412

potential structural failure, and storage conditions that create

1413

a fire hazard.

1414

     (b) The proper placement of functional smoke and heat

1415

detectors and accessible, unexpired fire extinguishers.

1416

     (c) The maintenance of fire doors without doorstops or

1417

wedges improperly holding them open.

1418

     (5)(8) ANNUAL REPORT.--The State Fire Marshal shall publish

1419

an annual report to be filed with the substantive committees of

1420

the state House of Representatives and Senate having jurisdiction

1421

over education, the Commissioner of Education or his or her

1422

successor, the State Board of Education, the Board of Governors,

1423

and the Governor documenting the status of each board's

1424

firesafety program, including the improvement or lack thereof.

1425

     Section 27.  Paragraph (e) of subsection (1) of section

1426

218.23, Florida Statutes, is amended to read:

1427

     218.23  Revenue sharing with units of local government.--

1428

     (1)  To be eligible to participate in revenue sharing beyond

1429

the minimum entitlement in any fiscal year, a unit of local

1430

government is required to have:

1431

     (e)  Certified that persons in its employ as firefighters,

1432

as defined in s. 633.30(1), meet the qualification for employment

1433

as established by the Division of State Fire Marshal pursuant to

1434

the provisions of ss. 633.34 and 633.35 and that the provisions

1435

of s. 633.382 have been met.

1436

1437

Additionally, to receive its share of revenue sharing funds, a

1438

unit of local government shall certify to the Department of

1439

Revenue that the requirements of s. 200.065, if applicable, were

1440

met. The certification shall be made annually within 30 days of

1441

adoption of an ordinance or resolution establishing a final

1442

property tax levy or, if no property tax is levied, not later

1443

than November 1. The portion of revenue sharing funds which,

1444

pursuant to this part, would otherwise be distributed to a unit

1445

of local government which has not certified compliance or has

1446

otherwise failed to meet the requirements of s. 200.065 shall be

1447

deposited in the General Revenue Fund for the 12 months following

1448

a determination of noncompliance by the department.

1449

     Section 28.  Paragraph (b) of subsection (4) of section

1450

447.203, Florida Statutes, is amended to read:

1451

     447.203  Definitions.--As used in this part:

1452

     (4)  "Managerial employees" are those employees who:

1453

     (b)  Serve as police chiefs, fire chiefs, or directors of

1454

public safety of any police, fire, or public safety department.

1455

Other police officers, as defined in s. 943.10(1), and

1456

firefighters, as defined in s. 633.30(1), may be determined by

1457

the commission to be managerial employees of such departments. In

1458

making such determinations, the commission shall consider, in

1459

addition to the criteria established in paragraph (a), the

1460

paramilitary organizational structure of the department involved.

1461

1462

However, in determining whether an individual is a managerial

1463

employee pursuant to either paragraph (a) or paragraph (b),

1464

above, the commission may consider historic relationships of the

1465

employee to the public employer and to coemployees.

1466

     Section 29. Section 633.14, Florida Statutes, is repealed.

1467

     Section 30.  This act shall take effect July 1, 2008.