Florida Senate - 2008 CS for CS for SB 2388
By the Committees on Community Affairs; Banking and Insurance; and Senator Saunders
578-07956-08 20082388c2
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A bill to be entitled
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An act relating to fire prevention and control; amending
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amending s. 553.895, F.S.; revising outdated publication
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references; amending s. 633.02, F.S.; providing the
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correct name for the State Fire Marshal; amending s.
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633.022, F.S.; revising provisions relating to uniform
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firesafety standards to include application to tunnels;
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revising requirements pertaining to supervised automatic
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sprinkler systems within nursing homes; requiring a
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nursing home licensee to submit complete sprinkler
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construction documents to the Agency for Health Care
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Administration by a specified date; requiring such
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licensee to gain final approval from the agency to start
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construction by a specified date; authorizing the agency
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to extend the deadline under certain circumstances;
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amending s. 633.0245, F.S.; changing the application
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deadline for participation in the State Fire Marshal
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Nursing Home Loan Guarantee Program; amending s. 633.025,
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F.S.; providing requirements for firesafety plans and
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inspections for manufactured buildings; amending s.
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633.03, F.S.; expanding application of authority of the
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State Fire Marshal to investigate fires to include
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explosions; amending s. 633.061, F.S.; revising the type
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of fire suppression equipment in which a person must be
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licensed in order to engage in the business of servicing,
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inspecting, recharging, hydrotesting, or installing;
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revising the requirements for the renewal of a license to
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engage in the business of servicing, inspecting,
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recharging, hydrotesting, or installing fire suppression
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equipment; amending s. 633.081, F.S.; authorizing the
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State Fire Marshal to inspect buildings or structures for
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certain violations; abolishing special state firesafety
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inspector classifications; providing for certification as
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a firesafety inspector; providing application and
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examination requirements; authorizing the State Fire
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Marshal to develop a certain advanced training and
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certification program for firesafety inspectors;
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authorizing the Division of State Fire Marshal to enter
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into a reciprocity agreement with the Florida Building
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Code Administrators and Inspectors Board for certain
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continuing education recertification purposes; amending s.
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633.085, F.S.; revising requirements for the State Fire
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Marshal to inspect state buildings; amending s. 633.101,
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F.S.; revising and expanding the authority and powers of
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the State Fire Marshal to administer oaths, compel
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attendance of witnesses, and collect evidence; providing
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certain forms of immunity from liability for certain
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actions and persons under certain circumstances; exempting
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certain information from discovery under certain
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circumstances; exempting agents of the State Fire Marshal
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from subpoena under certain circumstances; specifying
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limitations on treatment of physical evidence; authorizing
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persons and agents of the State Fire Marshal to submit
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certain crime-related reports or information to the State
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Fire Marshal; authorizing agents of the State Fire Marshal
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to make arrests as state law enforcement officers under
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certain circumstances; providing that it is unlawful to
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resist arrest; amending s. 633.121, F.S.; expanding the
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list of eligible persons authorized to enforce laws and
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rules of the State Fire Marshal; amending s. 633.13, F.S.;
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revising a provision relating to the authority of agents
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of the State Fire Marshal; amending s. 633.14, F.S.;
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revising and expanding powers regarding arrests, searches,
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and the carrying of firearms by State Fire Marshal agents
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and investigators; amending s. 633.161, F.S.; expanding
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the list of violations for which the State Fire Marshal
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may issue certain enforcement orders; providing criminal
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penalties for failure to comply with such orders; amending
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s. 633.171, F.S.; conforming a provision; amending s.
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633.175, F.S.; specifying additional powers granted to the
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State Fire Marshal; amending s. 633.18, F.S.; revising a
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provision relating to conduct of inquiries or
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investigations by agents of the State Fire Marshal;
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amending s. 633.30, F.S.; revising and providing
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definitions; amending s. 633.34, F.S.; revising
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requirements for qualification for employment as a
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firefighter; amending s. 633.35, F.S.; revising
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requirements for firefighter training and certification;
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amending s. 633.351, F.S.; revising provisions for
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disciplinary actions for firefighters; revising standards
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for revocation of firefighter certifications; amending s.
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633.352, F.S.; revising requirements for retention of
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firefighter certification; amending s. 633.382, F.S.;
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revising provisions regarding required supplemental
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compensation for firefighters; amending s. 633.524, F.S.;
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authorizing the State Fire Marshal to contract to provide
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certain examinations; amending s. 633.541, F.S.; expanding
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an exclusion from application of a prohibition against
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contracting without certification for certain homeowners;
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amending s. 633.72, F.S.; revising the membership terms of
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the Fire Code Advisory Council; amending s. 633.811, F.S.;
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expanding authority of the division to enforce provisions
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of law and rules applicable to employers; authorizing
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assessment of administrative fines; amending s. 633.821,
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F.S.; deleting certain obsolete provisions requiring
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counties, municipalities, and special districts to
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implement certain provisions of federal law; repealing s.
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1013.12(8), F.S., relating to annual reports; providing an
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effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (e) of subsection (1) of section
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218.23, Florida Statutes, is amended to read:
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218.23 Revenue sharing with units of local government.--
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(1) To be eligible to participate in revenue sharing beyond
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the minimum entitlement in any fiscal year, a unit of local
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government is required to have:
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(e) Certified that persons in its employ as firefighters,
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employment as established by the Division of State Fire Marshal
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provisions of s. 633.382 have been met.
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Additionally, to receive its share of revenue sharing funds, a
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unit of local government shall certify to the Department of
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Revenue that the requirements of s. 200.065, if applicable, were
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met. The certification shall be made annually within 30 days of
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adoption of an ordinance or resolution establishing a final
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property tax levy or, if no property tax is levied, not later
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than November 1. The portion of revenue sharing funds which,
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pursuant to this part, would otherwise be distributed to a unit
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of local government which has not certified compliance or has
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otherwise failed to meet the requirements of s. 200.065 shall be
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deposited in the General Revenue Fund for the 12 months following
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a determination of noncompliance by the department.
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Section 2. Paragraph (b) of subsection (4) of section
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447.203, Florida Statutes, is amended to read:
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447.203 Definitions.--As used in this part:
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(4) "Managerial employees" are those employees who:
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(b) Serve as police chiefs, fire chiefs, or directors of
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public safety of any police, fire, or public safety department.
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Other police officers, as defined in s. 943.10(1), and
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determined by the commission to be managerial employees of such
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departments. In making such determinations, the commission shall
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consider, in addition to the criteria established in paragraph
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(a), the paramilitary organizational structure of the department
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involved.
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However, in determining whether an individual is a managerial
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employee pursuant to either paragraph (a) or paragraph (b),
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above, the commission may consider historic relationships of the
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employee to the public employer and to coemployees.
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Section 3. Subsection (1) of section 553.895, Florida
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Statutes, is amended to read:
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553.895 Firesafety.--
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(1) Any transient public lodging establishment, as defined
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in chapter 509 and used primarily for transient occupancy as
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defined in s. 83.43(10), or any timeshare unit of a timeshare
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plan as defined in chapters 718 and 721, which is of three
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stories or more and for which the construction contract has been
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let after September 30, 1983, with interior corridors which do
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not have direct access from the guest area to exterior means of
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egress and on buildings over 75 feet in height that have direct
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access from the guest area to exterior means of egress and for
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which the construction contract has been let after September 30,
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1983, shall be equipped with an automatic sprinkler system
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installed in compliance with the current edition of the
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applicable fire sprinkler standards adopted by the State Fire
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Marshal. the provisions prescribed in the National Fire
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Protection Association publication NFPA No. 13 (1985), "Standards
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for the Installation of Sprinkler Systems." Each guest room and
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each timeshare unit shall be equipped with an approved listed
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single-station smoke detector meeting the minimum requirements of
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NFPA 72, the current edition adopted by the State Fire Marshal,
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74 (1984) "Standards for the Installation, Maintenance and Use of
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Household Fire Warning Equipment," powered from the building
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electrical service, notwithstanding the number of stories in the
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structure, if the contract for construction is let after
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September 30, 1983. Single-station smoke detectors shall not be
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required when guest rooms or timeshare units contain smoke
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detectors connected to a central alarm system which also alarms
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locally.
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Section 4. Section 633.02, Florida Statutes, is amended to
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read:
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633.02 Agents; powers and duties; compensation.--The State
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Fire Marshal shall appoint such agents as may be necessary to
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carry out effectively the provisions of this chapter, who shall
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be reimbursed for travel expenses as provided in s. 112.061, in
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addition to their salary, when traveling or making investigations
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in the performance of their duties. Such agents shall be at all
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times under the direction and control of the State Fire Marshal,
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who shall fix their compensation, and all orders shall be issued
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in the State Fire Marshal's name and by her or his authority.
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Section 5. Subsection (1) and paragraph (a) of subsection
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(4) of section 633.022, Florida Statutes, are amended to read:
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633.022 Uniform firesafety standards.--The Legislature
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hereby determines that to protect the public health, safety, and
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welfare it is necessary to provide for firesafety standards
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governing the construction and utilization of certain buildings
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and structures. The Legislature further determines that certain
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buildings or structures, due to their specialized use or to the
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special characteristics of the person utilizing or occupying
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these buildings or structures, should be subject to firesafety
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standards reflecting these special needs as may be appropriate.
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(1) The department shall establish uniform firesafety
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standards that apply to:
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(a) All new, existing, and proposed state-owned and state-
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leased buildings.
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(b) All new, existing, and proposed hospitals, nursing
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homes, assisted living facilities, adult family-care homes,
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correctional facilities, public schools, transient public lodging
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establishments, public food service establishments, elevators,
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migrant labor camps, mobile home parks, lodging parks,
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recreational vehicle parks, recreational camps, residential and
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nonresidential child care facilities, facilities for the
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developmentally disabled, motion picture and television special
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effects productions, tunnels, and self-service gasoline stations,
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of which standards the State Fire Marshal is the final
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administrative interpreting authority.
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If In the event there is a dispute between the owners of the
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buildings specified in paragraph (b) and a local authority
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requiring a more stringent uniform firesafety standard for
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sprinkler systems, the State Fire Marshal shall be the final
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administrative interpreting authority and the State Fire
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Marshal's interpretation regarding the uniform firesafety
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standards shall be considered final agency action.
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(4)(a) Notwithstanding any provision of law to the
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contrary, each nursing home licensed under part II of chapter 400
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shall be protected throughout by an approved, supervised
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automatic sprinkler system in accordance with s. 9 of National
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Fire Protection Association, Inc., Life Safety Code, in
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accordance with the following schedule:
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1. Each hazardous area of each nursing home shall be
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protected by an approved, supervised automatic sprinkler system
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by no later than December 31, 2008.
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2. Each entire nursing home shall be protected by an
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approved, supervised automatic sprinkler system by no later than
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December 31, 2010. A nursing home licensee shall submit complete
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sprinkler construction documents to the Agency for Health Care
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Administration for review by December 31, 2008, and the licensee
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must gain final approval to start construction from the agency by
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June 30, 2009. The agency shall grant a 6-month extension to a
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nursing home licensee if the completion and submission of the
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sprinkler construction documents are contingent upon the approval
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of the application for the loan guarantee program authorized
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under s. 633.0245. In such case, the agency may extend the
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deadline for final approval to begin construction beyond June 30,
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2009, but the deadline may not be extended beyond December 31,
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2009.
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Section 6. Subsection (9) of section 633.0245, Florida
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Statutes, is amended to read:
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633.0245 State Fire Marshal Nursing Home Fire Protection
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Loan Guarantee Program.--
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(9) An No application for participation in the State Fire
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Marshal Nursing Home Fire Protection Loan Guarantee Program may
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not be accepted by the State Fire Marshal after July 1, 2009 June
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30, 2006.
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Section 7. Subsection (11) is added to section 633.025,
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Florida Statutes, to read:
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633.025 Minimum firesafety standards.--
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(11)(a) The plans for, and inspections of, manufactured
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buildings may be completed at the point of manufacture as long as
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the following requirements are met:
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1. The person reviewing the plans and inspecting the
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manufactured or prototype building must be currently certified as
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a firesafety inspector under s. 633.081(2); and
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2. The manufacturer's modular data plate, stating that the
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building is in compliance with chapter 633 and the rules of the
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department, has been affixed to the building.
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(b) The local fire official shall recognize and approve
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such manufactured building, subject to local fire code
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amendments, acceptable performance testing of life safety
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systems, and site conditions. The cost of any additional work
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necessary to meet these requirements, if any, shall be born by
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the manufacturer. The department may adopt rules to administer
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this subsection.
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Section 8. Section 633.03, Florida Statutes, is amended to
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read:
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633.03 Investigation of fires and explosions fire;
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reports.--The State Fire Marshal shall investigate the cause,
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origin, and circumstances of every fire or explosion occurring in
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this state wherein the State Fire Marshal deems an investigation
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is necessary and property has been damaged or destroyed where
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there is probable cause to believe that the fire or explosion was
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the result of carelessness or design. Report of all such
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investigations shall be made on approved forms to be furnished by
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the State Fire Marshal.
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Section 9. Subsections (1) and (2) and paragraph (a) of
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subsection (3) of section 633.061, Florida Statutes, are amended
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to read:
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633.061 Fire suppression equipment; license to install or
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maintain.--
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(1) It is unlawful for any organization or individual to
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engage in the business of servicing, repairing, recharging,
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testing, marking, inspecting, installing, or hydrotesting any
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fire extinguisher or preengineered system in this state except in
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conformity with the provisions of this chapter. Each organization
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or individual that engages in such activity must possess a valid
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and subsisting license issued by the State Fire Marshal. All fire
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extinguishers and preengineered systems required by statute or by
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rule must be serviced by an organization or individual licensed
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under the provisions of this chapter. A licensee who receives
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appropriate training shall not be prohibited by a manufacturer
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from servicing any particular brand of fire extinguisher or
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preengineered system. The licensee is legally qualified to act
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for the business organization in all matters connected with its
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business, and the licensee must supervise all activities
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undertaken by such business organization. Each licensee shall
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maintain a specific business location. A further requirement, in
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the case of multiple locations where such servicing or recharging
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is taking place, is that each licensee who maintains more than
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one place of business where actual work is carried on must
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possess an additional license, as set forth in this section, for
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each location, except that a licensed individual may not qualify
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for more than five locations. A licensee is limited to a specific
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type of work performed depending upon the class of license held.
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Licenses and license fees are required for the following:
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(a) Class A....$250
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To service, recharge, repair, install, or inspect all types of
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fire extinguishers and to conduct hydrostatic tests on all types
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of fire extinguishers.
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(b) Class B....$150
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To service, recharge, repair, install, or inspect all types of
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fire extinguishers, including recharging carbon dioxide units and
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conducting hydrostatic tests on all types of fire extinguishers,
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except carbon dioxide units.
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(c) Class C....$150
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To service, recharge, repair, install, or inspect all types of
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fire extinguishers, except recharging carbon dioxide units, and
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to conduct hydrostatic tests on all types of fire extinguishers,
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except carbon dioxide units.
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(d) Class D....$200
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To service, repair, recharge, hydrotest, install, or inspect all
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types of preengineered fire extinguishing systems.
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(e) Licenses issued as duplicates or to reflect a change of
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address....$10
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Any fire equipment dealer licensed pursuant to this subsection
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who does not want to engage in the business of servicing,
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inspecting, recharging, repairing, hydrotesting, or installing
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clean agent halon equipment must file an affidavit on a form
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provided by the division so stating. Licenses will be issued by
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the division to reflect the work authorized thereunder. It is
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unlawful, unlicensed activity for any person or firm to falsely
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hold himself or herself or a business organization out to perform
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any service, inspection, recharge, repair, hydrotest, or
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installation except as specifically described in the license.
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(2) Each individual actually performing the work of
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servicing, recharging, repairing, hydrotesting, installing,
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testing, or inspecting fire extinguishers or preengineered
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systems must possess a valid and subsisting permit issued by the
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State Fire Marshal. Permittees are limited as to specific type of
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work performed to allow work no more extensive than the class of
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license held by the licensee under whom the permittee is working.
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Permits will be issued by the division and the fees required are
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as follows:
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(a) Portable permit....$90
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"Portable permittee" means a person who is limited to performing
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work no more extensive than the employing licensee in the
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servicing, recharging, repairing, installing, or inspecting all
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types of portable fire extinguishers.
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(b) Preengineered permit....$120
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"Preengineered permittee" means a person who is limited to the
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servicing, recharging, repairing, installing, or inspecting of
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all types of preengineered fire extinguishing systems.
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(c) Permits issued as duplicates or to reflect a change of
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address....$10
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Any fire equipment permittee licensed pursuant to this subsection
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who does not want to engage in servicing, inspecting, recharging,
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repairing, hydrotesting, or installing clean agent halon
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equipment must file an affidavit on a form provided by the
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division so stating. Permits will be issued by the division to
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reflect the work authorized thereunder. It is unlawful,
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unlicensed activity for any person or firm to falsely hold
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himself or herself out to perform any service, inspection,
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recharge, repair, hydrotest, or installation except as
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specifically described in the permit.
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(3)(a) Such licenses and permits shall be issued by the
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State Fire Marshal for 2 years beginning January 1, 2000, and
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each 2-year period thereafter and expiring December 31 of the
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second year. All licenses or permits issued will expire on
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December 31 of each odd-numbered year. The failure to renew a
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license or permit by December 31 of the second year will cause
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the license or permit to become inoperative. The holder of an
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inoperative license or permit shall not engage in any activities
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for which a license or permit is required by this section. A
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license or permit which is inoperative because of the failure to
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renew it shall be restored upon payment of the applicable fee
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plus a penalty equal to the applicable fee, if the application
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for renewal is filed no later than the following March 31. If the
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application for restoration is not made before the March 31st
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deadline, the fee for restoration shall be equal to the original
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application fee and the penalty provided for herein, and, in
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addition, the State Fire Marshal shall require reexamination of
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the applicant. The fee for a license or permit issued for 1 year
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or less shall be prorated at 50 percent of the applicable fee for
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a biennial license or permit. Following the initial licensure,
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each licensee or permittee shall successfully complete a course
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or courses of continuing education for fire equipment technicians
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of at least 16 32 hours. A license or permit may not be renewed
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unless the licensee or permittee produces documentation of the
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completion of at least 16 hours of continuing education for fire
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equipment technicians during the biennial licensure period within
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4 years of initial issuance of a license or permit and within
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each 4-year period thereafter or no such license or permit shall
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be renewed. A person who is both a licensee and a permittee shall
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be required to complete a total of 16 32 hours of continuing
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education during each renewal per 4-year period. Each licensee
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shall ensure that all permittees in his or her employment meet
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their continuing education requirements. The State Fire Marshal
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shall adopt rules describing the continuing education
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requirements and shall have the authority upon reasonable belief,
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to audit a fire equipment dealer to determine compliance with
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continuing education requirements.
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Section 10. Section 633.081, Florida Statutes, is amended
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to read:
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633.081 Inspection of buildings and equipment; orders;
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firesafety inspection training requirements; certification;
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disciplinary action.--The State Fire Marshal and her or his
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agents may shall, at any reasonable hour, when the department has
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reasonable cause to believe that a violation of this chapter or
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s. 509.215, or a rule promulgated thereunder, or a minimum
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firesafety code adopted by the State Fire Marshal or a local
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authority, may exist, inspect any and all buildings and
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structures which are subject to the requirements of this chapter
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or s. 509.215 and rules promulgated thereunder. The authority to
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inspect shall extend to all equipment, vehicles, and chemicals
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which are located on or within the premises of any such building
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or structure.
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(1) Each county, municipality, and special district that
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has firesafety enforcement responsibilities shall employ or
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contract with a firesafety inspector. The firesafety inspector
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must conduct all firesafety inspections that are required by law.
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The governing body of a county, municipality, or special district
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that has firesafety enforcement responsibilities may provide a
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schedule of fees to pay only the costs of inspections conducted
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pursuant to this subsection and related administrative expenses.
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Two or more counties, municipalities, or special districts that
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have firesafety enforcement responsibilities may jointly employ
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or contract with a firesafety inspector.
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(2) Every firesafety inspection conducted pursuant to state
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or local firesafety requirements shall be by a person certified
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as having met the inspection training requirements set by the
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State Fire Marshal. Such person shall:
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(a) Be a high school graduate or the equivalent as
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determined by the department;
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(b) Not have been found guilty of, or having pleaded guilty
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or nolo contendere to, a felony or a crime punishable by
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imprisonment of 1 year or more under the law of the United
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States, or of any state thereof, which involves moral turpitude,
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without regard to whether a judgment of conviction has been
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entered by the court having jurisdiction of such cases;
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(c) Have her or his fingerprints on file with the
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department or with an agency designated by the department;
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(d) Have good moral character as determined by the
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department;
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(e) Be at least 18 years of age;
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(f) Have satisfactorily completed the firesafety inspector
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certification examination as prescribed by the department; and
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(g)1. Have satisfactorily completed, as determined by the
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department, a firesafety inspector training program of not less
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than 200 hours established by the department and administered by
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agencies and institutions approved by the department for the
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purpose of providing basic certification training for firesafety
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inspectors; or
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2. Have received in another state training which is
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determined by the department to be at least equivalent to that
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required by the department for approved firesafety inspector
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education and training programs in this state.
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(3)(a)1. Effective July 1, 2011, the classification of
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special state firesafety inspector is abolished and all special
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state firesafety inspector certifications expire at midnight June
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30, 2011.
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2. Any person who is a special state firesafety inspector
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on June 30, 2011, and who has failed to comply with paragraph (b)
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or paragraph (c) is not permitted to perform any firesafety
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inspection required by law.
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3. A special state firesafety inspector certification may
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not be awarded after June 30, 2008.
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(b)1. Any person who is a special state firesafety
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inspector on July 1, 2008, and who has at least 5 years of
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experience as a special state firesafety inspector as of July 1,
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2008, may take the same firesafety inspection examination as
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provided in paragraph (2)(f) for firesafety inspectors before
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July 1, 2011, to be certified as a firesafety inspector described
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in subsection (2).
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2. Upon passing the examination, the person shall be
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certified as a firesafety inspector as provided in subsection
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(2).
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3. Failure to obtain certification requires compliance with
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paragraph (c) to be certified as a firesafety inspector as
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provided in subsection (2).
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(c)1. To be certified as a firesafety inspector as provided
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in subsection (2), any person who:
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a. Is a special state firesafety inspector on July 1, 2008,
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and who does not have 5 years of experience as a special state
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firesafety inspector as of July 1, 2008; or
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b. Has 5 years of experience as a special state firesafety
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inspector but has failed the examination taken pursuant to
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paragraph (b),
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must take an additional 80 hours of the courses described in
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paragraph (2)(g).
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2. After successfully completing the courses described in
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this paragraph, such person is permitted to take the firesafety
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inspection examination described in paragraph (2)(f), if such
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examination is taken before July 1, 2011.
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3. Upon passing the examination, the person is certified as
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a firesafety inspector as provided in subsection (2).
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4. A person who fails the course of study or the
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examination described in this paragraph may not perform any
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firesafety inspection required by law on or after July 1, 2011
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Each special state firesafety inspection which is required by law
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and is conducted by or on behalf of an agency of the state must
510
be performed by an individual who has met the provision of
511
subsection (2), except that the duration of the training program
512
shall not exceed 120 hours of specific training for the type of
513
property that such special state firesafety inspectors are
514
assigned to inspect.
515
(4) A firefighter certified pursuant to s. 633.35 may
516
conduct firesafety inspections, under the supervision of a
517
certified firesafety inspector, while on duty as a member of a
518
fire department company conducting inservice firesafety
519
inspections without being certified as a firesafety inspector, if
520
such firefighter has satisfactorily completed an inservice fire
521
department company inspector training program of at least 24
522
hours' duration as provided by rule of the department.
523
(5) Every firesafety inspector or special state firesafety
524
inspector certificate is valid for a period of 3 years from the
525
date of issuance. Renewal of certification shall be subject to
526
the affected person's completing proper application for renewal
527
and meeting all of the requirements for renewal as established
528
under this chapter or by rule adopted promulgated thereunder,
529
which shall include completion of at least 40 hours during the
530
preceding 3-year period of continuing education as required by
531
the rule of the department or, in lieu thereof, successful
532
passage of an examination as established by the department.
533
(6) The State Fire Marshal may deny, refuse to renew,
534
suspend, or revoke the certificate of a firesafety inspector or
535
special state firesafety inspector if it finds that any of the
536
following grounds exist:
537
(a) Any cause for which issuance of a certificate could
538
have been refused had it then existed and been known to the State
539
Fire Marshal.
540
(b) Violation of this chapter or any rule or order of the
541
State Fire Marshal.
542
(c) Falsification of records relating to the certificate.
543
(d) Having been found guilty of or having pleaded guilty or
544
nolo contendere to a felony, whether or not a judgment of
545
conviction has been entered.
546
(e) Failure to meet any of the renewal requirements.
547
(f) Having been convicted of a crime in any jurisdiction
548
which directly relates to the practice of fire code inspection,
549
plan review, or administration.
550
(g) Making or filing a report or record that the
551
certificateholder knows to be false, or knowingly inducing
552
another to file a false report or record, or knowingly failing to
553
file a report or record required by state or local law, or
554
knowingly impeding or obstructing such filing, or knowingly
555
inducing another person to impede or obstruct such filing.
556
(h) Failing to properly enforce applicable fire codes or
557
permit requirements within this state which the certificateholder
558
knows are applicable by committing willful misconduct, gross
559
negligence, gross misconduct, repeated negligence, or negligence
560
resulting in a significant danger to life or property.
561
(i) Accepting labor, services, or materials at no charge or
562
at a noncompetitive rate from any person who performs work that
563
is under the enforcement authority of the certificateholder and
564
who is not an immediate family member of the certificateholder.
565
For the purpose of this paragraph, the term "immediate family
566
member" means a spouse, child, parent, sibling, grandparent,
567
aunt, uncle, or first cousin of the person or the person's spouse
568
or any person who resides in the primary residence of the
569
certificateholder.
570
(7) The department shall provide by rule for the
571
certification of firesafety inspectors.
572
(8) The State Fire Marshal may develop by rule an advanced
573
training and certification program for firesafety inspectors with
574
fire code management responsibility. This program shall be
575
consistent with national standards. The program shall establish
576
minimum training, education, and experience levels for fire
577
safety inspectors with fire code management responsibilities.
578
(9) The Division of State Fire Marshal may enter into a
579
reciprocity agreement with the Florida Building Code
580
Administrators and Inspectors Board, established pursuant to s.
581
468.605, to facilitate joint recognition of continuing education
582
recertification hours for certificateholders licensed in
583
accordance with s. 468.609 and firesafety inspectors certified in
584
accordance with subsection (2).
585
Section 11. Paragraph (a) of subsection (1) and subsections
586
(2), (3), and (4) of section 633.085, Florida Statutes, are
587
amended to read:
588
633.085 Inspections of state buildings and premises; tests
589
of firesafety equipment; building plans to be approved.--
590
(1)(a) It is the duty of the State Fire Marshal and her or
591
his agents to inspect, or cause to be inspected, each state-owned
592
building and each building located on land owned by the state and
593
used primarily for state purposes as determined by the State Fire
594
Marshal, such buildings to be referred to in this section as a
595
state-owned building or state-owned buildings, on a recurring
596
basis established by rule, and to ensure that high-hazard
597
occupancies are inspected at least annually, for the purpose of
598
ascertaining and causing to be corrected any conditions liable to
599
cause fire or endanger life from fire and any violation of the
600
firesafety standards for state-owned buildings, the provisions of
601
this chapter, or the rules or regulations adopted and promulgated
602
pursuant hereto. The State Fire Marshal shall, within 7 days
603
following an inspection, submit a report of such inspection to
604
the head of the department of state government responsible for
605
the building.
606
(2) The State Fire Marshal and her or his agents may shall
607
conduct performance tests on any electronic fire warning and
608
smoke detection system, and any pressurized air-handling unit, in
609
any state-owned building or state-leased space on a recurring
610
basis as provided in subsection (1). The State Fire Marshal and
611
her or his agents shall also ensure that fire drills are
612
conducted in all high-hazard state-owned buildings or high-hazard
613
state-leased high-hazard occupancies at least annually.
614
(3) All construction of any new, or renovation, alteration,
615
or change of occupancy of any existing, state-owned building or
616
state-leased space shall comply with the uniform firesafety
617
standards of the State Fire Marshal.
618
(a) For all new construction or renovation, alteration, or
619
change of occupancy of state-leased space, compliance with the
620
uniform firesafety standards shall be determined by reviewing the
621
plans for the proposed construction or occupancy submitted by the
622
lessor to the Division of State Fire Marshal for review and
623
approval prior to commencement of construction or occupancy,
624
which review shall be completed within 10 working days after
625
receipt of the plans by the Division of State Fire Marshal.
626
(b) The plans for all construction of any new, or
627
renovation or alteration of any existing, state-owned building
628
are subject to the review and approval of the Division of State
629
Fire Marshal for compliance with the uniform firesafety standards
630
prior to commencement of construction or change of occupancy,
631
which review shall be completed within 30 calendar days of
632
receipt of the plans by the Division of State Fire Marshal.
633
(4) The Division of State Fire Marshal may inspect state-
634
owned buildings and space and state-leased space as necessary
635
prior to occupancy or during construction, renovation, or
636
alteration to ascertain compliance with the uniform firesafety
637
standards. Whenever the Division of State Fire Marshal determines
638
by virtue of such inspection or by review of plans that
639
construction, renovation, or alteration of state-owned buildings
640
and state-leased space is not in compliance with the uniform
641
firesafety standards, the Division of State Fire Marshal shall
642
issue an order to cease construction, renovation, or alteration,
643
or to preclude occupancy, of a building until compliance is
644
obtained, except for those activities required to achieve such
645
compliance.
646
Section 12. Section 633.101, Florida Statutes, is amended
647
to read:
648
633.101 Hearings; investigations; investigatory powers of
649
State Fire Marshal; costs of service and witness fees.--
650
(1) The State Fire Marshal may in his or her discretion
651
take or cause to be taken the testimony on oath of all persons
652
whom he or she believes to be cognizant of any facts in relation
653
to matters under investigation. The State Fire Marshal may
654
administer oaths and affirmations, compel the attendance of
655
witnesses or proffering of matter, and collect evidence.
656
(2) If the State Fire Marshal seeks to obtain by request
657
any matter that, or the testimony of any person who, is located
658
outside the state, the person requested shall provide the
659
testimony to the State Fire Marshal or make the matter available
660
to the State Fire Marshal to examine at the place where the
661
matter is located. The State Fire Marshal may designate
662
representatives, including officials of the state in which the
663
matter is located, to inspect the matter on behalf of the State
664
Fire Marshal, and the State Fire Marshal may respond to similar
665
requests from officials of other states. If the State Fire
666
Marshal shall be of the opinion that there is sufficient evidence
667
to charge any person with an offense, he or she shall cause the
668
arrest of such person and shall furnish to the prosecuting
669
officer of any court having jurisdiction of said offense all
670
information obtained by him or her, including a copy of all
671
pertinent and material testimony taken, together with the names
672
and addresses of all witnesses. In the conduct of such
673
investigations, the fire marshal may request such assistance as
674
may reasonably be given by such prosecuting officers and other
675
local officials.
676
(3)(a) The State Fire Marshal may request that an
677
individual who refuses to comply with any request made under
678
subsection (2) be ordered by the circuit court to provide the
679
testimony or matter. The court may not order such compliance
680
unless the State Fire Marshal has demonstrated to the
681
satisfaction of the court that the testimony of the witness or
682
the matter under request has a direct bearing on matter under the
683
jurisdiction of the State Fire Marshal, constitutes a felony or
684
misdemeanor under this chapter, the Florida Insurance Code, or a
685
fraudulent insurance act or act of arson, or is pertinent and
686
necessary to further such investigation.
687
(b) Except in a prosecution for perjury, an individual who
688
complies with a court order to provide testimony or matter after
689
asserting a privilege against self-incrimination to which the
690
individual is entitled by law may not be subjected to a criminal
691
proceeding or to a civil penalty with respect to the act
692
concerning that which the individual is required to testify or
693
produce relevant matter.
694
(c) In the absence of fraud or bad faith, a person is not
695
subject to civil liability for libel, slander, or any other
696
relevant tort by virtue of filing reports, without malice, or
697
furnishing other information, without malice, required by this
698
chapter or required by the State Fire Marshal under the authority
699
granted in this chapter, and no civil cause of action of any
700
nature shall arise against such person for:
701
1. Any information relating to a matter under the
702
jurisdiction of the State Fire Marshal, suspected violations of
703
the Florida Insurance Code, or fraudulent insurance acts or
704
persons suspected of engaging in such acts furnished to or
705
received from law enforcement officials or their agents or
706
employees;
707
2. Any information relating to any matter under the
708
jurisdiction of the State Fire Marshal, suspected violations of
709
the Florida Insurance Code, fraudulent insurance acts or acts of
710
arson, or persons suspected of engaging in such acts furnished to
711
or received from other persons subject to the provisions of this
712
chapter;
713
3. Any information furnished in reports to the State Fire
714
Marshal or any local, state, or federal enforcement officials or
715
their agents or employees; or
716
4. Other actions taken in cooperation with any of the
717
agencies or individuals specified in this paragraph in the lawful
718
investigation of violations under the jurisdiction of the State
719
Fire Marshal, suspected violations of the Florida Insurance Code,
720
or suspected fraudulent insurance acts.
721
(d) In addition to the immunity granted in paragraph (c), a
722
person identified as a designated employee whose responsibilities
723
include the investigation and disposition of violations under the
724
jurisdiction of the State Fire Marshal or the Florida Insurance
725
Code and claims relating to suspected fraudulent insurance acts
726
may share information relating to persons suspected of such acts
727
with other designated employees employed by the same or other
728
insurers whose responsibilities include such acts. Unless the
729
employees of the insurer act in bad faith or in reckless
730
disregard for the rights of any insured, the insurer or its
731
designated employees are not civilly liable for libel, slander,
732
or any other relevant tort, and a civil action does not arise
733
against the insurer or its designated employees for:
734
1. Any information related to any matter under the
735
jurisdiction of the State Fire Marshal, the Florida Insurance
736
Code, or suspected fraudulent insurance acts provided to an
737
insurer; or
738
2. Any information relating to any matter under the
739
jurisdiction of the State Fire Marshal, the Florida Insurance
740
Code, or suspected fraudulent insurance acts provided to the
741
National Insurance Crime Bureau or the National Association of
742
Insurance Commissioners.
743
744
However, the qualified immunity against civil liability conferred
745
on any insurer or its designated employees shall be forfeited
746
with respect to the exchange or publication of any defamatory
747
information with third persons not expressly authorized by this
748
paragraph to share in such information.
749
(e) This section does not abrogate or modify in any way any
750
common-law or statutory privilege or immunity otherwise enjoyed
751
by any person.
752
(3) The fire marshal may summon and compel the attendance
753
of witnesses before him or her to testify in relation to any
754
manner which is, by the provisions of this chapter, a subject of
755
inquiry and investigation, and he or she may require the
756
production of any book, paper or document deemed pertinent
757
thereto by him or her, and may seize furniture and other personal
758
property to be held for evidence.
759
(4) Papers, documents, reports, or evidence relative to the
760
subject of an investigation under this section are not subject to
761
discovery until the investigation is completed or ceases to be
762
active. Agents of the State Fire Marshal are not subject to
763
subpoena in civil actions by any court of this state to testify
764
concerning any matter of which they have knowledge pursuant to a
765
pending investigation by the State Fire Marshal. All persons so
766
summoned and so testifying shall be entitled to the same witness
767
fees and mileage as provided for witnesses testifying in the
768
circuit courts of this state, and officers serving subpoenas or
769
orders of the fire marshal shall be paid in like manner for like
770
services in such courts, from the funds herein provided.
771
(5) Any person, other than an insurer, agent, or other
772
person licensed under the Florida Insurance Code, or an employee
773
of such licensee, having knowledge or a belief that a crime
774
involving arson, a destructive device, an illegal possession of
775
explosives, a fraudulent insurance act, or any other act or
776
practice which, upon conviction, constitutes a felony or a
777
misdemeanor under this chapter, the Florida Insurance Code, or s.
778
817.233, is being or has been committed may submit to the State
779
Fire Marshal a report or information pertinent to such knowledge
780
or belief and such additional information relative to such
781
knowledge or belief as the State Fire Marshal may request. Any
782
insurer, agent, or other person licensed under the Florida
783
Insurance Code, or an employee of such licensee, having knowledge
784
or a belief that a crime involving arson, a destructive device,
785
an illegal possession of explosives, or any other act or practice
786
which, upon conviction, constitutes a felony or a misdemeanor
787
under this chapter or s. 817.233, is being or has been committed,
788
shall send to the State Fire Marshal a report or information
789
pertinent to such knowledge or belief and such additional
790
information relative to such knowledge or belief as the State
791
Fire Marshal may require. The State Fire Marshal shall review
792
such information or reports and select such information or
793
reports as, in his or her judgment, may require further
794
investigation. The State Fire Marshal shall then cause an
795
independent examination of the facts surrounding such information
796
or report to be made to determine the extent, if any, to which a
797
crime involving arson, a destructive device, or a fraudulent
798
insurance act, or any other act or practice that, upon
799
conviction, constitutes a felony or a misdemeanor under this
800
chapter, the Florida Insurance Code, or s. 817.233 is being or
801
has been committed. The State Fire Marshal shall report any
802
alleged violations of law which his or her investigations reveal
803
to the appropriate licensing agency and state attorney or other
804
prosecuting agency having jurisdiction with respect to any such
805
violation.
806
(6) It is unlawful for any person to resist an arrest by an
807
agent of the State Fire Marshal authorized by this section or in
808
any manner to interfere, by abetting or assisting such resistance
809
or otherwise interfering, with any Division of State Fire Marshal
810
investigator in the duties imposed upon such agent or
811
investigator by law or department rule.
812
Section 13. Section 633.121, Florida Statutes, is amended
813
to read:
814
633.121 Persons authorized to enforce laws and rules of
815
State Fire Marshal.--The chiefs of county, municipal, and
816
special-district fire departments; other fire department
817
personnel designated by their respective chiefs; and personnel
818
designated by local governments having no organized fire
819
departments; and all law enforcement officers in the state duly
820
certified under chapter 943 and acting upon the request of the
821
State Fire Marshal or a chief of a county, municipal, or special
822
district fire department may are authorized to enforce this
823
chapter law and all rules adopted prescribed by the State Fire
824
Marshal within their respective jurisdictions. Such personnel
825
acting under the authority of this section shall be deemed to be
826
agents of their respective jurisdictions, not agents of the State
827
Fire Marshal.
828
Section 14. Section 633.13, Florida Statutes, is amended to
829
read:
830
633.13 State Fire Marshal; authority of agents.--The
831
authority given the State Fire Marshal under this chapter or any
832
rule or order adopted by the State Fire Marshal law may be
833
exercised by his or her agents, either individually or in
834
conjunction with any other state or local official charged with
835
similar responsibilities.
836
Section 15. Section 633.14, Florida Statutes, is amended to
837
read:
838
633.14 Agents; powers to make arrests, conduct searches and
839
seizures, serve summonses, and carry firearms.--Agents or
840
investigators of the State Fire Marshal have the power to make
841
arrests for criminal violations established as a result of
842
investigations. Such agents or investigators shall also be
843
considered state law enforcement officers for all purposes and
844
shall have the power to execute arrest warrants and search
845
warrants; serve subpoenas issued for the examination,
846
investigation, and trial of all offenses; and to arrest upon
847
probable cause, without warrant, any person violating any
848
provision of the laws of this state. Agents or investigators
849
empowered to make arrests under this section may bear arms in the
850
performance of their duties. In such a situation, the
851
investigator must be certified in compliance with the provisions
852
of s. 943.1395 or must meet the temporary employment or
853
appointment exemption requirements of s. 943.131 until certified
854
shall have the same authority to serve summonses, make arrests,
855
carry firearms, and make searches and seizures, as the sheriff or
856
her or his deputies, in the respective counties where such
857
investigations, hearings, or inspections may be held; and
858
affidavits necessary to authorize any such arrests, searches, or
859
seizures may be made before any trial court judge having
860
authority under the law to issue appropriate processes.
861
Section 16. Subsections (1) and (3) of section 633.161,
862
Florida Statutes, are amended to read:
863
633.161 Violations; orders to cease and desist, correct
864
hazardous conditions, preclude occupancy, or vacate; enforcement;
865
penalties.--
866
(1) If it is determined by the department that a violation
867
specified in this subsection exists, the State Fire Marshal or
868
her or his agent deputy may issue and deliver to the person
869
committing the violation an order to cease and desist from such
870
violation, to correct any hazardous condition, to preclude
871
occupancy of the affected building or structure, or to vacate the
872
premises of the affected building or structure. Such violations
873
consist of are:
874
(a) Except as set forth in paragraph (b), a violation of
875
any provision of this chapter, of any rule adopted pursuant
876
thereto, of any applicable uniform firesafety standard adopted
877
pursuant to s. 633.022 which is not adequately addressed by any
878
alternative requirements adopted on a local level, or of any
879
minimum firesafety standard adopted pursuant to s. 394.879.
880
(b) A substantial violation of an applicable minimum
881
firesafety standard adopted pursuant to s. 633.025 which is not
882
reasonably addressed by any alternative requirement imposed at
883
the local level, or an unreasonable interpretation of an
884
applicable minimum firesafety standard, and which violation or
885
interpretation clearly constitutes a danger to lifesafety.
886
(c) A building or structure which is in a dilapidated
887
condition and as a result thereof creates a danger to life,
888
safety, or property.
889
(d) A building or structure which contains explosive matter
890
or flammable liquids or gases constituting a danger to life,
891
safety, or property.
892
(e) A fire department that is not designated by a political
893
subdivision as defined in s. 1.01.
894
(3) Any person who violates or fails to comply with any
895
order under subsection (1) or subsection (2) commits is guilty of
896
a misdemeanor, punishable as provided in s. 633.171.
897
Section 17. Subsection (1) of section 633.171, Florida
898
Statutes, is amended to read:
899
633.171 Penalty for violation of law, rule, or order to
900
cease and desist or for failure to comply with corrective
901
order.--
902
(1) Any person who violates any provision of this chapter
903
law, any order or rule of the State Fire Marshal, or any order to
904
cease and desist or to correct conditions issued under this
905
chapter commits a misdemeanor of the second degree, punishable as
907
Section 18. Subsection (1) of section 633.175, Florida
908
Statutes, is amended to read:
909
633.175 Investigation of fraudulent insurance claims and
910
crimes; immunity of insurance companies supplying information.--
911
(1) In addition to the other powers granted by this
912
chapter, the State Fire Marshal or an agent appointed pursuant to
914
any law enforcement officer of a federal agency, or any fire
915
department official who is engaged in the investigation of a fire
916
loss may request any insurance company or its agent, adjuster,
917
employee, or attorney, investigating a claim under an insurance
918
policy or contract with respect to a fire to release any
919
information whatsoever in the possession of the insurance company
920
or its agent, adjuster, employee, or attorney relative to a loss
921
from that fire. The insurance company shall release the available
922
information to and cooperate with any official authorized to
923
request such information pursuant to this section. The
924
information shall include, but shall not be limited to:
925
(a) Any insurance policy relevant to a loss under
926
investigation and any application for such a policy.
927
(b) Any policy premium payment records.
928
(c) The records, reports, and all material pertaining to
929
any previous claims made by the insured with the reporting
930
company.
931
(d) Material relating to the investigation of the loss,
932
including statements of any person, proof of loss, and other
933
relevant evidence.
934
(e) Memoranda, notes, and correspondence relating to the
935
investigation of the loss in the possession of the insurance
936
company or its agents, adjusters, employees, or attorneys.
937
Section 19. Section 633.18, Florida Statutes, is amended to
938
read:
939
633.18 State Fire Marshal; hearings and investigations;
940
subpoena of witnesses; orders of circuit court.--Any agent
941
designated by the State Fire Marshal for such purposes, may hold
942
hearings, sign and issue subpoenas, administer oaths, examine
943
witnesses, receive evidence, and require by subpoena the
944
attendance and testimony of witnesses and the production of such
945
accounts, records, memoranda or other evidence, as may be
946
material for the determination of any complaint or conducting any
947
inquiry or investigation under this chapter or any rule or order
948
of the State Fire Marshal law. In case of disobedience to a
949
subpoena, the State Fire Marshal or his or her agent may invoke
950
the aid of any court of competent jurisdiction in requiring the
951
attendance and testimony of witnesses and the production of
952
accounts, records, memoranda or other evidence and any such court
953
may in case of contumacy or refusal to obey a subpoena issued to
954
any person, issue an order requiring the person to appear before
955
the State Fire Marshal's agent or produce accounts, records,
956
memoranda or other evidence, as so ordered, or to give evidence
957
touching any matter pertinent to any complaint or the subject of
958
any inquiry or investigation, and any failure to obey such order
959
of the court shall be punished by the court as a contempt
960
thereof.
961
Section 20. Section 633.30, Florida Statutes, is amended to
962
read:
963
633.30 Standards for firefighting; definitions.--As used in
964
this chapter, the term:
965
(1) "Career firefighter" means a person who is compensated
966
at an hourly or salaried rate and whose work hours are scheduled
967
in advance to maintain a schedule of coverage at a station,
968
facility, or area to function as described in subsection (8)
969
"Firefighter" means any person initially employed as a full-time
970
professional firefighter by any employing agency, as defined
971
herein, whose primary responsibility is the prevention and
972
extinguishment of fires, the protection and saving of life and
973
property, and the enforcement of municipal, county, and state
974
fire prevention codes, as well as of any law pertaining to the
975
prevention and control of fires.
976
(2) "Council" means the Firefighters Employment, Standards,
977
and Training Council "Employing agency" means any municipality or
978
county, the state, or any political subdivision of the state,
979
including authorities and special districts, employing
980
firefighters as defined in subsection (1).
981
(3) "Department" means the Department of Financial
982
Services.
983
(4) "Division" means the Division of State Fire Marshal of
984
the Department of Financial Services "Council" means the
985
Firefighters Employment, Standards, and Training Council.
986
(5) "Employing agency" means any municipality or county,
987
the state, or any political subdivision of the state, including
988
authorities, special districts, or any private entity under
989
contract with such entities "Division" means the Division of
990
State Fire Marshal of the Department of Financial Services.
991
(6) "Fire department" means an organization designated by a
992
state political subdivision, such as a county, municipality, or
993
special fire control district, to provide emergency response for
994
the protection of life and property within a specified
995
geographical area.
996
(7) "Fire service apprentice" means any high school student
997
who completes a high school course of instruction and examination
998
approved by the department that includes specified components of
999
firefighter I and II certification in accordance with the
1000
division's rules. Before the age of 18, a fire service apprentice
1001
may function as a fireground resource technician with a
1002
recognized fire department. Upon age of 18 and graduation from
1003
high school, the fire service apprentice may complete the
1004
outstanding components of firefighter I and II certification
1005
training and become certified at level II in accordance with the
1006
division's rules.
1007
(8) "Firefighter" means any person whose responsibility is
1008
the emergency response to fires and other emergencies, the
1009
prevention and extinguishment of fires, the protection and saving
1010
of life and property, and the enforcement of municipal, county,
1011
and state fire prevention codes, as well as of any law pertaining
1012
to the prevention and control of fires.
1013
(9) "Firefighter I" means a person who has successfully
1014
completed the firefighter I training program and is certified at
1015
level I in accordance with the division's rules. Firefighter I is
1016
the minimum level of certification to function as a volunteer
1017
firefighter.
1018
(10) "Firefighter II" means a person who has successfully
1019
completed the firefighter II training program and is certified at
1020
level II in accordance with the division's rules. Firefighter II
1021
is the minimum level of certification to function as a career
1022
firefighter as set forth in subsection (2). For purposes of this
1023
chapter, a certificate of compliance at level II replaces the
1024
previous certificate of compliance required to be a career
1025
firefighter. Firefighters currently certified with a certificate
1026
of compliance are deemed to be in compliance with the
1027
requirements of this chapter and need not become certified as a
1028
firefighter II.
1029
(11) "Fireground resource technician" means a volunteer
1030
exterior firefighter or support person who is not qualified by
1031
certification to be an interior firefighter but who has completed
1032
a course of instruction in accordance with the division's rules.
1033
Fireground resource technician is the minimum level of
1034
certification to function on the fireground in accordance with
1035
division rules.
1036
Section 21. Section 633.34, Florida Statutes, is amended to
1037
read:
1038
633.34 Firefighters; qualifications for employment.--
1039
(1) Any person applying for employment as a firefighter
1040
must:
1041
(a)(1) Be a high school graduate or the equivalent, as the
1042
term may be determined by the division, and at least 18 years of
1043
age.
1044
(b)(2) Never have been adjudicated guilty of, or pled
1045
guilty or nolo contendere to, any:
1046
1. Felony. If an applicant has been convicted of a felony,
1047
the applicant is not eligible for certification until the
1048
applicant complies with s. 112.011(2)(b); or
1049
2. Misdemeanor involving moral turpitude, or misleading or
1050
false statements relating to certification or employment as a
1051
firefighter.
1052
1053
If an applicant has been sentenced for any conviction of a felony
1054
or a misdemeanor, the applicant is not eligible for certification
1055
until 4 years after the expiration of any sentence. If a sentence
1056
is suspended or adjudication is withheld and a period of
1057
probation is imposed, the applicant must have been released from
1058
probation Neither have been convicted of a felony or of a
1059
misdemeanor directly related to the position of employment
1060
sought, nor have pled nolo contendere to any charge of a felony.
1061
If an applicant has been convicted of a felony, such applicant
1062
must be in compliance with s. 112.011(2)(b). If an applicant has
1063
been convicted of a misdemeanor directly related to the position
1064
of employment sought, such applicant shall be excluded from
1065
employment for a period of 4 years after expiration of sentence.
1066
If the sentence is suspended or adjudication is withheld in a
1067
felony charge or in a misdemeanor directly related to the
1068
position or employment sought and a period of probation is
1069
imposed, the applicant must have been released from probation.
1070
(c)(3) Pay for and submit fingerprints as directed by the
1071
division Submit a fingerprint card to the division with a current
1072
processing fee. The fingerprints shall fingerprint card will be
1073
forwarded to the Department of Law Enforcement or and/or the
1074
Federal Bureau of Investigation, or both, as directed by division
1075
rule.
1076
(4) Have a good moral character as determined by
1077
investigation under procedure established by the division.
1078
(d)(5) Be in good physical condition as determined by a
1079
medical examination given by a physician, surgeon, or physician
1080
assistant licensed to practice in the state pursuant to chapter
1081
458; an osteopathic physician, surgeon, or physician assistant
1082
licensed to practice in the state pursuant to chapter 459; or an
1083
advanced registered nurse practitioner licensed to practice in
1084
the state pursuant to chapter 464, who are aware of and familiar
1085
with the medical requirements for training and certification as
1086
stated in department rule. Such examination may include, but need
1087
not be limited to, provisions of the National Fire Protection
1088
Association Standard 1582. Results of this A medical examination
1089
evidencing good physical condition shall be submitted to the
1090
division, on a form as provided by rule, before an individual is
1091
eligible for admission into a firefighter training program as
1092
defined in s. 633.35.
1093
(e)(6) Be a nonuser of tobacco or tobacco products for at
1094
least 1 year immediately preceding application, as evidenced by
1095
the sworn affidavit of the applicant.
1096
(2) A person who does not hold a fire service apprentice,
1097
fireground resource technician, firefighter I, or firefighter II
1098
certificate may not respond or engage in hazardous operations,
1099
including, but not limited to, interior structural firefighting,
1100
hazardous-materials-incident mitigation, and incident command,
1101
requiring the knowledge and skills taught in the training
1102
programs established in s. 633.35, regardless of volunteer or
1103
employment status.
1104
Section 22. Section 633.35, Florida Statutes, is amended to
1105
read:
1106
633.35 Firefighter training and certification.--
1107
(1) The division shall establish by rule a firefighter
1108
training programs for certification as a fireground resource
1109
technician, a fire service apprentice, a firefighter I, and a
1110
firefighter II, to be program of not less than 360 hours,
1111
administered by such agencies and institutions as approved by the
1112
division in accordance with division rules it approves for the
1113
purpose of providing basic employment training for firefighters.
1114
Nothing herein shall require a public employer to pay the cost of
1115
such training.
1116
(2) The division shall issue certificates a certificate of
1117
compliance for certification as a fireground resource technician,
1118
a fire service apprentice, a firefighter I, and a firefighter II
1119
to any person who has satisfactorily completed complying with the
1120
training programs program established in subsection (1), who has
1121
successfully passed an examination as prescribed by the division,
1122
and who possesses the qualifications specified for employment in
1124
as a career regular or permanent firefighter by an employing
1125
agency, or by a private entity under contract with the state or
1126
any political subdivision of the state, including authorities and
1127
special districts, unless certified as a firefighter II, except
1128
for an individual hired to be trained and become certified as a
1129
firefighter II. An individual hired to be trained and become
1130
certified as a firefighter II has a maximum of for a period of
1131
time in excess of 1 year from the date of initial employment to
1132
obtain the firefighter II until he or she has obtained such
1133
certificate of compliance. A person who does not hold a
1134
firefighter II certificate of compliance and is employed under
1135
this section may not directly engage in hazardous operations,
1136
such as interior structural firefighting and hazardous-materials-
1137
incident mitigation, requiring the knowledge and skills taught in
1138
a training program established in subsection (1), including
1139
incident command. However, a person who is certified and has been
1140
employed by served as a volunteer firefighter with the state or
1141
any political subdivision of the state, including authorities and
1142
special districts, who is then employed as a career regular or
1143
permanent firefighter may function, during this period, in the
1144
same capacity in which he or she acted prior to being employed as
1145
a career firefighter as a volunteer firefighter, provided that he
1146
or she has completed all training required by the volunteer
1147
organization.
1148
(3) The division may issue a certificate of compliance at
1149
the firefighter I or firefighter II level to any person who has
1150
received basic employment training for firefighters in another
1151
state when the division has determined that such training was at
1152
least equivalent to that required by the division for approved
1153
firefighter education and training programs in this state and
1154
when such person has satisfactorily complied with all other
1155
requirements of this section. The division may also issue a
1156
special certificate to a person who is otherwise qualified under
1157
this section and who is employed as the administrative and
1158
command head of a fire/rescue/emergency services organization,
1159
based on the acknowledgment that such person is less likely to
1160
need physical dexterity and more likely to need advanced
1161
knowledge of firefighting and supervisory skills. The certificate
1162
is valid only while the person is serving in a position as an
1163
administrative and command head of a fire/rescue/emergency
1164
services organization and must be obtained prior to employment in
1165
such capacity.
1166
(4) A person who fails an examination given under this
1167
section may retake the examination once within 6 months after the
1168
original examination date. An applicant who does not pass retake
1169
the examination within such time must repeat or take the
1170
applicable training program Minimum Standards Course, pursuant to
1171
subsection (1), before being reexamined. The division may
1172
establish reasonable preregistration deadlines for such
1173
reexaminations.
1174
(5) Pursuant to s. 590.02(1)(e), the division shall
1175
establish a structural fire training program of not less than 40
1176
hours. The division shall issue to any person satisfactorily
1177
complying with this training program and who has successfully
1178
passed an examination as prescribed by the division and who has
1179
met the requirements of s. 590.02(1)(e) a Certificate of Forestry
1180
Firefighter.
1181
(6) A certified forestry firefighter is entitled to the
1182
same rights, privileges, and benefits provided for by law as a
1183
career certified firefighter. For the purposes of this statute,
1184
forestry compliance certification is equivalent to firefighter
1185
II.
1186
Section 23. Section 633.351, Florida Statutes, is amended
1187
to read:
1188
633.351 Disciplinary action; firefighters; standards for
1189
revocation of certification.--
1190
(1) The certification of a firefighter shall be revoked if
1191
evidence is found that the certification was improperly issued by
1192
the division or if evidence is found that the certification was
1193
issued on the basis of false, incorrect, incomplete, or
1194
misleading information.
1195
(2) The certification of a firefighter who has been
1196
adjudicated guilty of, or pled guilty or nolo contendere to, any
1197
felony, or any misdemeanor involving moral turpitude, or
1198
misleading or false statements relating to the certification or
1199
employment as a firefighter, shall be revoked. In the case of a
1200
felony, the certification may not be reinstated is convicted of a
1201
felony, or who is convicted of a misdemeanor relating to
1202
misleading or false statements, or who pleads nolo contendere to
1203
any charge of a felony shall be revoked until the firefighter
1204
complies with s. 112.011(2)(b). However, if sentence upon such
1205
felony or such misdemeanor charge is suspended or adjudication is
1206
withheld, the firefighter's revocation of certification shall
1207
continue for a period of 4 years after expiration of completion
1208
of any probation before the applicant is eligible for
1209
recertification be revoked until she or he completes any
1210
probation.
1211
(3) It is a violation of certification for any career
1212
firefighter as defined in this chapter, whose initial employment
1213
date is on or after July 1, 2008, to use tobacco products. An
1214
investigation by the local firefighter employer which determines
1215
such use, confirmed by legal means such as nicotine or cotinine
1216
testing, shall result in the suspension of the firefighter's
1217
state certification, requiring suspension or termination of
1218
employment. The division shall adopt rules setting forth the
1219
criteria for testing, investigation, and notification of the
1220
division by the local firefighter employer of violations, actions
1221
to be taken by the division, reinstatement of certification with
1222
appropriate medical approval and surveillance, and the number of
1223
violations allowed before permanent revocation of firefighter
1224
certification.
1225
Section 24. Section 633.352, Florida Statutes, is amended
1226
to read:
1227
633.352 Retention of firefighter certification.--
1228
(1) Any certified firefighter who has not been active as a
1229
firefighter, or as a volunteer firefighter with an organized fire
1230
department, for a period of 3 years shall be required to retake
1231
and pass the written and practical portions portion of the
1232
minimum standards state examination specified in division rules
1233
rule 4A-37.056(6)(b), Florida Administrative Code, in order to
1234
maintain her or his certification as a firefighter.; however,
1235
(2) This requirement does not apply to state-certified
1236
firefighters who are certified and employed as full-time fire
1237
safety inspectors by a fire department employing agency or to
1238
instructors regardless of their employment status instructors, as
1239
determined by the division.
1240
(3) The 3-year period begins on the date the firefighter I
1241
or firefighter II certificate of compliance is issued, or upon
1242
termination of service with an organized fire department, or upon
1243
expiration of instructor certification.
1244
Section 25. Paragraph (b) of subsection (1) and paragraph
1245
(a) of subsection (2) of section 633.382, Florida Statutes, are
1246
amended to read:
1247
633.382 Firefighters; supplemental compensation.--
1248
(1) DEFINITIONS.--As used in this section, the term:
1249
(b) "Firefighter" means any person who meets the definition
1251
who is certified in compliance with s. 633.35 and who is employed
1252
solely within the fire department of the employing agency or is
1253
employed by the division.
1254
(2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.--
1255
(a) In addition to the compensation now paid by an
1256
employing agency to a any firefighter II, every career
1257
firefighter shall be paid supplemental compensation by the
1258
employing agency when such firefighter has complied with one of
1259
the following criteria:
1260
1. Any firefighter II who receives an associate degree from
1261
an accredited a college, which degree is applicable to fire
1262
department duties, as outlined in policy guidelines of the
1263
division, shall be additionally compensated as outlined in
1264
paragraph (3)(a).
1265
2. Any firefighter II, regardless of whether or not she or
1266
he earned an associate degree earlier, who receives from an
1267
accredited college or university a bachelor's degree, which
1268
bachelor's degree is applicable to fire department duties, as
1269
outlined in policy guidelines of the division, shall receive
1270
compensation as outlined in paragraph (3)(b).
1271
Section 26. Subsection (3) is added to section 633.524,
1272
Florida Statutes, to read:
1273
633.524 Certificate and permit fees; use and deposit of
1274
collected funds.--
1275
(3) The State Fire Marshal may enter into a contract with
1276
any qualified public entity or private company in accordance with
1277
chapter 287 to provide examinations for any applicant for any
1278
examination administered under the jurisdiction of the State Fire
1279
Marshal under this chapter or any other chapter under the
1280
jurisdiction of the State Fire Marshal. The State Fire Marshal
1281
may have payments from each applicant for each examination made
1282
directly to such public entity or private company.
1283
Section 27. Subsections (1) and (4) of section 633.541,
1284
Florida Statutes, are amended to read:
1285
633.541 Contracting without certificate prohibited;
1286
violations; penalty.--
1287
(1) It is unlawful for any organization or individual to
1288
engage in the business of, the layout, fabrication, installation,
1289
inspection, alteration, repair, or service of a fire protection
1290
system, other than a preengineered system, act in the capacity of
1291
a fire protection contractor, or advertise itself as being a fire
1292
protection contractor without having been duly certified and
1293
holding a valid and existing certificate, except as hereinafter
1294
provided. The holder of a certificate used to qualify an
1295
organization must be a full-time employee of the qualified
1296
organization or business. A certificateholder who is employed by
1297
more than one fire protection contractor during the same period
1298
of time is deemed not to be a full-time employee of either
1299
contractor. The State Fire Marshal shall revoke, for a period of
1300
time determined by the State Fire Marshal, the certificate of a
1301
certificateholder who allows the use of the certificate to
1302
qualify a company of which the certificateholder is not a full-
1303
time employee. A contractor who maintains more than one place of
1304
business must employ a certificateholder at each location.
1305
Nothing in This subsection does not prohibit prohibits an
1306
employee acting on behalf of governmental entities from
1307
inspecting and enforcing firesafety codes, provided such employee
1308
is certified under s. 633.081, or an owner of a one or two family
1309
dwelling from inspecting or maintaining the fire protection
1310
system for his or her own house.
1311
(4) In addition to the penalties provided in subsection
1312
(3), a fire protection contractor certified under this chapter
1313
who violates any provision of this chapter section or who commits
1314
any act constituting cause for disciplinary action is subject to
1315
suspension or revocation of the certificate and administrative
1316
fines pursuant to s. 633.547.
1317
Section 28. Subsection (4) of section 633.72, Florida
1318
Statutes, is amended to read:
1319
633.72 Florida Fire Code Advisory Council.--
1320
(4) Each appointee shall serve a 4-year term. No member
1321
shall serve more than two consecutive terms one term. No member
1322
of the council shall be paid a salary as such member, but each
1323
shall receive travel and expense reimbursement as provided in s.
1324
1325
Section 29. Section 633.811, Florida Statutes, is amended
1326
to read:
1327
633.811 Firefighter employer penalties.--If any firefighter
1328
employer violates or fails or refuses to comply with ss. 633.801-
1329
633.821, or with any rule adopted by the division under such
1330
sections in accordance with chapter 120 for the prevention of
1331
injuries, accidents, or occupational diseases or with any lawful
1333
fails or refuses to furnish or adopt any safety device,
1334
safeguard, or other means of protection prescribed by division
1336
occupational diseases, the division may issue an administrative
1337
cease and desist order, enforceable in the circuit court in the
1338
jurisdiction where the violation is occurring or has occurred,
1339
and assess an administrative fine against a firefighter employer
1340
of not less than $100 nor more than $1,000 for each violation and
1341
each day of each violation. The administrative penalty assessment
1342
shall be subject to the provisions of chapter 120. The division
1343
may also assess against the firefighter employer a civil penalty
1344
of not less than $100 nor more than $5,000 for each day the
1345
violation, omission, failure, or refusal continues after the
1346
firefighter employer has been given written notice of such
1347
violation, omission, failure, or refusal. The total penalty for
1348
each violation shall not exceed $50,000. The division shall adopt
1349
rules requiring penalties commensurate with the frequency or
1350
severity of safety violations. A hearing shall be held in the
1351
county in which the violation, omission, failure, or refusal is
1352
alleged to have occurred, unless otherwise agreed to by the
1353
firefighter employer and authorized by the division. All
1354
penalties assessed and collected under this section shall be
1355
deposited in the Insurance Regulatory Trust Fund.
1356
Section 30. Subsection (3) of section 633.821, Florida
1357
Statutes, is amended to read:
1358
633.821 Workplace safety.--
1359
(3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
1360
individuals located outside the immediately dangerous to life and
1361
health atmosphere may be assigned to an additional role, such as
1362
incident commander, pumper operator, engineer, or driver, so long
1363
as such individual is able to immediately perform assistance or
1364
rescue activities without jeopardizing the safety or health of
1365
any firefighter working at an incident. Also with respect to 29
1366
C.F.R. s. 1910.134(g)(4):
1367
(a) Each county, municipality, and special district shall
1368
implement such provision by April 1, 2002, except as provided in
1369
paragraphs (b) and (c).
1370
(b) If any county, municipality, or special district is
1371
unable to implement such provision by April 1, 2002, without
1372
adding additional personnel to its firefighting staff or
1373
expending significant additional funds, such county,
1374
municipality, or special district shall have an additional 6
1375
months within which to implement such provision. Such county,
1376
municipality, or special district shall notify the division that
1377
the 6-month extension to implement such provision is in effect in
1378
such county, municipality, or special district within 30 days
1379
after its decision to extend the time for the additional 6
1380
months. The decision to extend the time for implementation shall
1381
be made prior to April 1, 2002.
1382
(c) If, after the extension granted in paragraph (b), the
1383
county, municipality, or special district, after having worked
1384
with and cooperated fully with the division and the Firefighters
1385
Employment, Standards, and Training Council, is still unable to
1386
implement such provisions without adding additional personnel to
1387
its firefighting staff or expending significant additional funds,
1388
such municipality, county, or special district shall be exempt
1389
from the requirements of 29 C.F.R. s. 1910.134(g)(4). However,
1390
each year thereafter the division shall review each such county,
1391
municipality, or special district to determine if such county,
1392
municipality, or special district has the ability to implement
1393
such provision without adding additional personnel to its
1394
firefighting staff or expending significant additional funds. If
1395
the division determines that any county, municipality, or special
1396
district has the ability to implement such provision without
1397
adding additional personnel to its firefighting staff or
1398
expending significant additional funds, the division shall
1399
require such county, municipality, or special district to
1400
implement such provision. Such requirement by the division under
1401
this paragraph constitutes final agency action subject to chapter
1402
120.
1403
Section 31. Subsection (8) of section 1013.12, Florida
1404
Statutes, is repealed.
1405
Section 32. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.