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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ss. 218.23 and 447.203, F.S.; revising cross-references;

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amending s. 553.895, F.S.; revising outdated publication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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as defined in s. 633.30 s. 633.30(1), meet the qualification for

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employment as established by the Division of State Fire Marshal

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

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provisions of s. 633.382 have been met.

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

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unit of local government shall certify to the Department of

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

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

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adoption of an ordinance or resolution establishing a final

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

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

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

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of local government which has not certified compliance or has

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

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deposited in the General Revenue Fund for the 12 months following

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a determination of noncompliance by the department.

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     Section 2.  Paragraph (b) of subsection (4) of section

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447.203, Florida Statutes, is amended to read:

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     447.203  Definitions.--As used in this part:

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

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

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

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

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

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determined by the commission to be managerial employees of such

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departments. In making such determinations, the commission shall

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consider, in addition to the criteria established in paragraph

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(a), the paramilitary organizational structure of the department

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involved.

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However, in determining whether an individual is a managerial

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

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above, the commission may consider historic relationships of the

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employee to the public employer and to coemployees.

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     Section 3.  Subsection (1) of section 553.895, Florida

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Statutes, is amended to read:

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     553.895  Firesafety.--

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     (1)  Any transient public lodging establishment, as defined

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in chapter 509 and used primarily for transient occupancy as

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defined in s. 83.43(10), or any timeshare unit of a timeshare

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plan as defined in chapters 718 and 721, which is of three

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stories or more and for which the construction contract has been

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let after September 30, 1983, with interior corridors which do

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not have direct access from the guest area to exterior means of

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egress and on buildings over 75 feet in height that have direct

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access from the guest area to exterior means of egress and for

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which the construction contract has been let after September 30,

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1983, shall be equipped with an automatic sprinkler system

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installed in compliance with the current edition of the

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applicable fire sprinkler standards adopted by the State Fire

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Marshal. the provisions prescribed in the National Fire

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Protection Association publication NFPA No. 13 (1985), "Standards

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for the Installation of Sprinkler Systems." Each guest room and

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each timeshare unit shall be equipped with an approved listed

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single-station smoke detector meeting the minimum requirements of

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NFPA 72, the current edition adopted by the State Fire Marshal,

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74 (1984) "Standards for the Installation, Maintenance and Use of

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Household Fire Warning Equipment," powered from the building

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electrical service, notwithstanding the number of stories in the

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structure, if the contract for construction is let after

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September 30, 1983. Single-station smoke detectors shall not be

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required when guest rooms or timeshare units contain smoke

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detectors connected to a central alarm system which also alarms

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locally.

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     Section 4.  Section 633.02, Florida Statutes, is amended to

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read:

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

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Fire Marshal shall appoint such agents as may be necessary to

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carry out effectively the provisions of this chapter, who shall

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

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addition to their salary, when traveling or making investigations

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

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

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

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

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     Section 5.  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

489

in subsection (2), any person who:

490

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

491

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

492

firesafety inspector as of July 1, 2008; or

493

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

494

inspector but has failed the examination taken pursuant to

495

paragraph (b),

496

497

must take an additional 80 hours of the courses described in

498

paragraph (2)(g).

499

     2. After successfully completing the courses described in

500

this paragraph, such person is permitted to take the firesafety

501

inspection examination described in paragraph (2)(f), if such

502

examination is taken before July 1, 2011.

503

     3. Upon passing the examination, the person is certified as

504

a firesafety inspector as provided in subsection (2).

505

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

506

examination described in this paragraph may not perform any

507

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

508

Each special state firesafety inspection which is required by law

509

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

906

provided in s. 775.082 or s. 775.083.

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

913

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

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

1123

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

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

1250

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

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

112.061.

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

1332

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

1333

fails or refuses to furnish or adopt any safety device,

1334

safeguard, or other means of protection prescribed by division

1335

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

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.