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The Committee on Judiciary (Saunders) recommended the following

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amendment:

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     Senate Amendment (with title amendment)

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     Between line(s) 469 and 470,

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insert:

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     Section 3.  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 4.  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 5.  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 6.  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 7.  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 8.  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 9.  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 10.  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 11.  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 12.  Section 633.081, Florida Statutes, is amended

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to read:

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     633.081  Inspection of buildings and equipment; orders;

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firesafety inspection training requirements; certification;

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

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

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reasonable cause to believe that a violation of this chapter or

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

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firesafety code adopted by the State Fire Marshal or a local

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authority, may exist, inspect any and all buildings and

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structures which are subject to the requirements of this chapter

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

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inspect shall extend to all equipment, vehicles, and chemicals

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

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or structure.

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

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has firesafety enforcement responsibilities shall employ or

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contract with a firesafety inspector. The firesafety inspector

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must conduct all firesafety inspections that are required by law.

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

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that has firesafety enforcement responsibilities may provide a

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schedule of fees to pay only the costs of inspections conducted

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pursuant to this subsection and related administrative expenses.

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Two or more counties, municipalities, or special districts that

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have firesafety enforcement responsibilities may jointly employ

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or contract with a firesafety inspector.

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     (2)  Every firesafety inspection conducted pursuant to state

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or local firesafety requirements shall be by a person certified

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as having met the inspection training requirements set by the

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State Fire Marshal. Such person shall:

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

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determined by the department;

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

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

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

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

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without regard to whether a judgment of conviction has been

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entered by the court having jurisdiction of such cases;

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

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department or with an agency designated by the department;

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     (d)  Have good moral character as determined by the

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department;

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     (e)  Be at least 18 years of age;

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     (f)  Have satisfactorily completed the firesafety inspector

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certification examination as prescribed by the department; and

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

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department, a firesafety inspector training program of not less

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than 200 hours established by the department and administered by

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agencies and institutions approved by the department for the

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purpose of providing basic certification training for firesafety

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inspectors; or

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     2.  Have received in another state training which is

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determined by the department to be at least equivalent to that

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required by the department for approved firesafety inspector

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education and training programs in this state.

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

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special state firesafety inspector is abolished and all special

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state firesafety inspector certifications expire at midnight June

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30, 2011.

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     2. Any person who is a special state firesafety inspector

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

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or paragraph (c) is not permitted to perform any firesafety

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inspection required by law.

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     3. A special state firesafety inspector certification may

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not be awarded after June 30, 2008.

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

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

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

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2008, may take the same firesafety inspection examination as

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provided in paragraph (2)(f) for firesafety inspectors before

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

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in subsection (2).

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     2. Upon passing the examination, the person shall be

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certified as a firesafety inspector as provided in subsection

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(2).

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     3. Failure to obtain certification requires compliance with

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

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provided in subsection (2).

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

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in subsection (2), any person who:

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

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

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firesafety inspector as of July 1, 2008; or

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

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inspector but has failed the examination taken pursuant to

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paragraph (b),

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must take an additional 80 hours of the courses described in

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paragraph (2)(g).

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     2. After successfully completing the courses described in

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this paragraph, such person is permitted to take the firesafety

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

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examination is taken before July 1, 2011.

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

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a firesafety inspector as provided in subsection (2).

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

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examination described in this paragraph may not perform any

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

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Each special state firesafety inspection which is required by law

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

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be performed by an individual who has met the provision of

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

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

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property that such special state firesafety inspectors are

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assigned to inspect.

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

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conduct firesafety inspections, under the supervision of a

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

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fire department company conducting inservice firesafety

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inspections without being certified as a firesafety inspector, if

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such firefighter has satisfactorily completed an inservice fire

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department company inspector training program of at least 24

425

hours' duration as provided by rule of the department.

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     (5) Every firesafety inspector or special state firesafety

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

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date of issuance. Renewal of certification shall be subject to

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the affected person's completing proper application for renewal

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and meeting all of the requirements for renewal as established

431

under this chapter or by rule adopted promulgated thereunder,

432

which shall include completion of at least 40 hours during the

433

preceding 3-year period of continuing education as required by

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

435

passage of an examination as established by the department.

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

437

suspend, or revoke the certificate of a firesafety inspector or

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special state firesafety inspector if it finds that any of the

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following grounds exist:

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

441

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

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Fire Marshal.

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

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State Fire Marshal.

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     (c)  Falsification of records relating to the certificate.

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

447

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

448

conviction has been entered.

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

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

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which directly relates to the practice of fire code inspection,

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plan review, or administration.

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

454

certificateholder knows to be false, or knowingly inducing

455

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

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

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knowingly impeding or obstructing such filing, or knowingly

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inducing another person to impede or obstruct such filing.

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     (h)  Failing to properly enforce applicable fire codes or

460

permit requirements within this state which the certificateholder

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knows are applicable by committing willful misconduct, gross

462

negligence, gross misconduct, repeated negligence, or negligence

463

resulting in a significant danger to life or property.

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

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at a noncompetitive rate from any person who performs work that

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is under the enforcement authority of the certificateholder and

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who is not an immediate family member of the certificateholder.

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

469

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

470

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

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or any person who resides in the primary residence of the

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certificateholder.

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     (7)  The department shall provide by rule for the

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certification of firesafety inspectors.

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

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training and certification program for firesafety inspectors with

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fire code management responsibility. This program shall be

478

consistent with national standards. The program shall establish

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minimum training, education, and experience levels for fire

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safety inspectors with fire code management responsibilities.

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

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reciprocity agreement with the Florida Building Code

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Administrators and Inspectors Board, established pursuant to s.

484

468.605, to facilitate joint recognition of continuing education

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recertification hours for certificateholders licensed in

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accordance with s. 468.609 and firesafety inspectors certified in

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accordance with subsection (2).

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     Section 13.  Paragraph (a) of subsection (1) and subsections

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

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amended to read:

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     633.085  Inspections of state buildings and premises; tests

492

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

493

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

494

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

495

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

496

used primarily for state purposes as determined by the State Fire

497

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

498

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

499

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

500

occupancies are inspected at least annually, for the purpose of

501

ascertaining and causing to be corrected any conditions liable to

502

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

503

firesafety standards for state-owned buildings, the provisions of

504

this chapter, or the rules or regulations adopted and promulgated

505

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

506

following an inspection, submit a report of such inspection to

507

the head of the department of state government responsible for

508

the building.

509

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

510

conduct performance tests on any electronic fire warning and

511

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

512

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

513

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

514

her or his agents shall also ensure that fire drills are

515

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

516

state-leased high-hazard occupancies at least annually.

517

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

518

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

519

state-leased space shall comply with the uniform firesafety

520

standards of the State Fire Marshal.

521

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

522

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

523

uniform firesafety standards shall be determined by reviewing the

524

plans for the proposed construction or occupancy submitted by the

525

lessor to the Division of State Fire Marshal for review and

526

approval prior to commencement of construction or occupancy,

527

which review shall be completed within 10 working days after

528

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

529

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

530

renovation or alteration of any existing, state-owned building

531

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

532

Fire Marshal for compliance with the uniform firesafety standards

533

prior to commencement of construction or change of occupancy,

534

which review shall be completed within 30 calendar days of

535

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

536

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

537

owned buildings and space and state-leased space as necessary

538

prior to occupancy or during construction, renovation, or

539

alteration to ascertain compliance with the uniform firesafety

540

standards. Whenever the Division of State Fire Marshal determines

541

by virtue of such inspection or by review of plans that

542

construction, renovation, or alteration of state-owned buildings

543

and state-leased space is not in compliance with the uniform

544

firesafety standards, the Division of State Fire Marshal shall

545

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

546

or to preclude occupancy, of a building until compliance is

547

obtained, except for those activities required to achieve such

548

compliance.

549

     Section 14.  Section 633.101, Florida Statutes, is amended

550

to read:

551

     633.101  Hearings; investigations; investigatory powers of

552

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

553

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

554

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

555

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

556

to matters under investigation. The State Fire Marshal may

557

administer oaths and affirmations, compel the attendance of

558

witnesses or proffering of matter, and collect evidence.

559

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

560

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

561

outside the state, the person requested shall provide the

562

testimony to the State Fire Marshal or make the matter available

563

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

564

matter is located. The State Fire Marshal may designate

565

representatives, including officials of the state in which the

566

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

567

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

568

requests from officials of other states. If the State Fire

569

Marshal shall be of the opinion that there is sufficient evidence

570

to charge any person with an offense, he or she shall cause the

571

arrest of such person and shall furnish to the prosecuting

572

officer of any court having jurisdiction of said offense all

573

information obtained by him or her, including a copy of all

574

pertinent and material testimony taken, together with the names

575

and addresses of all witnesses. In the conduct of such

576

investigations, the fire marshal may request such assistance as

577

may reasonably be given by such prosecuting officers and other

578

local officials.

579

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

580

individual who refuses to comply with any request made under

581

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

582

testimony or matter. The court may not order such compliance

583

unless the State Fire Marshal has demonstrated to the

584

satisfaction of the court that the testimony of the witness or

585

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

586

jurisdiction of the State Fire Marshal, constitutes a felony or

587

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

588

fraudulent insurance act or act of arson, or is pertinent and

589

necessary to further such investigation.

590

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

591

complies with a court order to provide testimony or matter after

592

asserting a privilege against self-incrimination to which the

593

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

594

proceeding or to a civil penalty with respect to the act

595

concerning that which the individual is required to testify or

596

produce relevant matter.

597

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

598

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

599

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

600

furnishing other information, without malice, required by this

601

chapter or required by the State Fire Marshal under the authority

602

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

603

nature shall arise against such person for:

604

     1. Any information relating to a matter under the

605

jurisdiction of the State Fire Marshal, suspected violations of

606

the Florida Insurance Code, or fraudulent insurance acts or

607

persons suspected of engaging in such acts furnished to or

608

received from law enforcement officials or their agents or

609

employees;

610

     2. Any information relating to any matter under the

611

jurisdiction of the State Fire Marshal, suspected violations of

612

the Florida Insurance Code, fraudulent insurance acts or acts of

613

arson, or persons suspected of engaging in such acts furnished to

614

or received from other persons subject to the provisions of this

615

chapter;

616

     3. Any information furnished in reports to the State Fire

617

Marshal or any local, state, or federal enforcement officials or

618

their agents or employees; or

619

     4. Other actions taken in cooperation with any of the

620

agencies or individuals specified in this paragraph in the lawful

621

investigation of violations under the jurisdiction of the State

622

Fire Marshal, suspected violations of the Florida Insurance Code,

623

or suspected fraudulent insurance acts.

624

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

625

person identified as a designated employee whose responsibilities

626

include the investigation and disposition of violations under the

627

jurisdiction of the State Fire Marshal or the Florida Insurance

628

Code and claims relating to suspected fraudulent insurance acts

629

may share information relating to persons suspected of such acts

630

with other designated employees employed by the same or other

631

insurers whose responsibilities include such acts. Unless the

632

employees of the insurer act in bad faith or in reckless

633

disregard for the rights of any insured, the insurer or its

634

designated employees are not civilly liable for libel, slander,

635

or any other relevant tort, and a civil action does not arise

636

against the insurer or its designated employees for:

637

     1. Any information related to any matter under the

638

jurisdiction of the State Fire Marshal, the Florida Insurance

639

Code, or suspected fraudulent insurance acts provided to an

640

insurer; or

641

     2. Any information relating to any matter under the

642

jurisdiction of the State Fire Marshal, the Florida Insurance

643

Code, or suspected fraudulent insurance acts provided to the

644

National Insurance Crime Bureau or the National Association of

645

Insurance Commissioners.

646

647

However, the qualified immunity against civil liability conferred

648

on any insurer or its designated employees shall be forfeited

649

with respect to the exchange or publication of any defamatory

650

information with third persons not expressly authorized by this

651

paragraph to share in such information.

652

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

653

common-law or statutory privilege or immunity otherwise enjoyed

654

by any person.

655

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

656

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

657

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

658

inquiry and investigation, and he or she may require the

659

production of any book, paper or document deemed pertinent

660

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

661

property to be held for evidence.

662

     (4) Papers, documents, reports, or evidence relative to the

663

subject of an investigation under this section are not subject to

664

discovery until the investigation is completed or ceases to be

665

active. Agents of the State Fire Marshal are not subject to

666

subpoena in civil actions by any court of this state to testify

667

concerning any matter of which they have knowledge pursuant to a

668

pending investigation by the State Fire Marshal. All persons so

669

summoned and so testifying shall be entitled to the same witness

670

fees and mileage as provided for witnesses testifying in the

671

circuit courts of this state, and officers serving subpoenas or

672

orders of the fire marshal shall be paid in like manner for like

673

services in such courts, from the funds herein provided.

674

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

675

person licensed under the Florida Insurance Code, or an employee

676

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

677

involving arson, a destructive device, an illegal possession of

678

explosives, a fraudulent insurance act, or any other act or

679

practice which, upon conviction, constitutes a felony or a

680

misdemeanor under this chapter, the Florida Insurance Code, or s.

681

817.233, is being or has been committed may submit to the State

682

Fire Marshal a report or information pertinent to such knowledge

683

or belief and such additional information relative to such

684

knowledge or belief as the State Fire Marshal may request. Any

685

insurer, agent, or other person licensed under the Florida

686

Insurance Code, or an employee of such licensee, having knowledge

687

or a belief that a crime involving arson, a destructive device,

688

an illegal possession of explosives, or any other act or practice

689

which, upon conviction, constitutes a felony or a misdemeanor

690

under this chapter or s. 817.233, is being or has been committed,

691

shall send to the State Fire Marshal a report or information

692

pertinent to such knowledge or belief and such additional

693

information relative to such knowledge or belief as the State

694

Fire Marshal may require. The State Fire Marshal shall review

695

such information or reports and select such information or

696

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

697

investigation. The State Fire Marshal shall then cause an

698

independent examination of the facts surrounding such information

699

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

700

crime involving arson, a destructive device, or a fraudulent

701

insurance act, or any other act or practice that, upon

702

conviction, constitutes a felony or a misdemeanor under this

703

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

704

has been committed. The State Fire Marshal shall report any

705

alleged violations of law which his or her investigations reveal

706

to the appropriate licensing agency and state attorney or other

707

prosecuting agency having jurisdiction with respect to any such

708

violation.

709

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

710

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

711

any manner to interfere, by abetting or assisting such resistance

712

or otherwise interfering, with any Division of State Fire Marshal

713

investigator in the duties imposed upon such agent or

714

investigator by law or department rule.

715

     Section 15.  Section 633.121, Florida Statutes, is amended

716

to read:

717

     633.121  Persons authorized to enforce laws and rules of

718

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

719

special-district fire departments; other fire department

720

personnel designated by their respective chiefs; and personnel

721

designated by local governments having no organized fire

722

departments; and all law enforcement officers in the state duly

723

certified under chapter 943 and acting upon the request of the

724

State Fire Marshal or a chief of a county, municipal, or special

725

district fire department may are authorized to enforce this

726

chapter law and all rules adopted prescribed by the State Fire

727

Marshal within their respective jurisdictions. Such personnel

728

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

729

agents of their respective jurisdictions, not agents of the State

730

Fire Marshal.

731

     Section 16.  Section 633.13, Florida Statutes, is amended to

732

read:

733

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

734

authority given the State Fire Marshal under this chapter or any

735

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

736

exercised by his or her agents, either individually or in

737

conjunction with any other state or local official charged with

738

similar responsibilities.

739

     Section 17.  Section 633.14, Florida Statutes, is amended to

740

read:

741

     633.14  Agents; powers to make arrests, conduct searches and

742

seizures, serve summonses, and carry firearms.--Agents or

743

investigators of the State Fire Marshal have the power to make

744

arrests for criminal violations established as a result of

745

investigations. Such agents or investigators shall also be

746

considered state law enforcement officers for all purposes and

747

shall have the power to execute arrest warrants and search

748

warrants; serve subpoenas issued for the examination,

749

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

750

probable cause, without warrant, any person violating any

751

provision of the laws of this state. Agents or investigators

752

empowered to make arrests under this section may bear arms in the

753

performance of their duties. In such a situation, the

754

investigator must be certified in compliance with the provisions

755

of s. 943.1395 or must meet the temporary employment or

756

appointment exemption requirements of s. 943.131 until certified

757

shall have the same authority to serve summonses, make arrests,

758

carry firearms, and make searches and seizures, as the sheriff or

759

her or his deputies, in the respective counties where such

760

investigations, hearings, or inspections may be held; and

761

affidavits necessary to authorize any such arrests, searches, or

762

seizures may be made before any trial court judge having

763

authority under the law to issue appropriate processes.

764

     Section 18.  Subsections (1) and (3) of section 633.161,

765

Florida Statutes, are amended to read:

766

     633.161  Violations; orders to cease and desist, correct

767

hazardous conditions, preclude occupancy, or vacate; enforcement;

768

penalties.--

769

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

770

specified in this subsection exists, the State Fire Marshal or

771

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

772

committing the violation an order to cease and desist from such

773

violation, to correct any hazardous condition, to preclude

774

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

775

premises of the affected building or structure. Such violations

776

consist of are:

777

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

778

any provision of this chapter, of any rule adopted pursuant

779

thereto, of any applicable uniform firesafety standard adopted

780

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

781

alternative requirements adopted on a local level, or of any

782

minimum firesafety standard adopted pursuant to s. 394.879.

783

     (b)  A substantial violation of an applicable minimum

784

firesafety standard adopted pursuant to s. 633.025 which is not

785

reasonably addressed by any alternative requirement imposed at

786

the local level, or an unreasonable interpretation of an

787

applicable minimum firesafety standard, and which violation or

788

interpretation clearly constitutes a danger to lifesafety.

789

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

790

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

791

safety, or property.

792

     (d)  A building or structure which contains explosive matter

793

or flammable liquids or gases constituting a danger to life,

794

safety, or property.

795

     (e) A fire department that is not designated by a political

796

subdivision as defined in s. 1.01.

797

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

798

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

799

a misdemeanor, punishable as provided in s. 633.171.

800

     Section 19.  Subsection (1) of section 633.171, Florida

801

Statutes, is amended to read:

802

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

803

cease and desist or for failure to comply with corrective

804

order.--

805

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

806

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

807

cease and desist or to correct conditions issued under this

808

chapter commits a misdemeanor of the second degree, punishable as

809

provided in s. 775.082 or s. 775.083.

810

     Section 20.  Subsection (1) of section 633.175, Florida

811

Statutes, is amended to read:

812

     633.175  Investigation of fraudulent insurance claims and

813

crimes; immunity of insurance companies supplying information.--

814

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

815

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

816

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

817

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

818

department official who is engaged in the investigation of a fire

819

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

820

employee, or attorney, investigating a claim under an insurance

821

policy or contract with respect to a fire to release any

822

information whatsoever in the possession of the insurance company

823

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

824

from that fire. The insurance company shall release the available

825

information to and cooperate with any official authorized to

826

request such information pursuant to this section. The

827

information shall include, but shall not be limited to:

828

     (a)  Any insurance policy relevant to a loss under

829

investigation and any application for such a policy.

830

     (b)  Any policy premium payment records.

831

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

832

any previous claims made by the insured with the reporting

833

company.

834

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

835

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

836

relevant evidence.

837

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

838

investigation of the loss in the possession of the insurance

839

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

840

     Section 21.  Section 633.18, Florida Statutes, is amended to

841

read:

842

     633.18  State Fire Marshal; hearings and investigations;

843

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

844

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

845

hearings, sign and issue subpoenas, administer oaths, examine

846

witnesses, receive evidence, and require by subpoena the

847

attendance and testimony of witnesses and the production of such

848

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

849

material for the determination of any complaint or conducting any

850

inquiry or investigation under this chapter or any rule or order

851

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

852

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

853

the aid of any court of competent jurisdiction in requiring the

854

attendance and testimony of witnesses and the production of

855

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

856

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

857

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

858

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

859

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

860

touching any matter pertinent to any complaint or the subject of

861

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

862

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

863

thereof.

864

     Section 22.  Section 633.30, Florida Statutes, is amended to

865

read:

866

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

867

this chapter, the term:

868

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

869

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

870

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

871

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

872

"Firefighter" means any person initially employed as a full-time

873

professional firefighter by any employing agency, as defined

874

herein, whose primary responsibility is the prevention and

875

extinguishment of fires, the protection and saving of life and

876

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

877

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

878

prevention and control of fires.

879

     (2) "Council" means the Firefighters Employment, Standards,

880

and Training Council "Employing agency" means any municipality or

881

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

882

including authorities and special districts, employing

883

firefighters as defined in subsection (1).

884

     (3)  "Department" means the Department of Financial

885

Services.

886

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

887

the Department of Financial Services "Council" means the

888

Firefighters Employment, Standards, and Training Council.

889

     (5) "Employing agency" means any municipality or county,

890

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

891

authorities, special districts, or any private entity under

892

contract with such entities "Division" means the Division of

893

State Fire Marshal of the Department of Financial Services.

894

     (6) "Fire department" means an organization designated by a

895

state political subdivision, such as a county, municipality, or

896

special fire control district, to provide emergency response for

897

the protection of life and property within a specified

898

geographical area.

899

     (7) "Fire service apprentice" means any high school student

900

who completes a high school course of instruction and examination

901

approved by the department that includes specified components of

902

firefighter I and II certification in accordance with the

903

division's rules. Before the age of 18, a fire service apprentice

904

may function as a fireground resource technician with a

905

recognized fire department. Upon age of 18 and graduation from

906

high school, the fire service apprentice may complete the

907

outstanding components of firefighter I and II certification

908

training and become certified at level II in accordance with the

909

division's rules.

910

     (8) "Firefighter" means any person whose responsibility is

911

the emergency response to fires and other emergencies, the

912

prevention and extinguishment of fires, the protection and saving

913

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

914

and state fire prevention codes, as well as of any law pertaining

915

to the prevention and control of fires.

916

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

917

completed the firefighter I training program and is certified at

918

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

919

the minimum level of certification to function as a volunteer

920

firefighter.

921

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

922

completed the firefighter II training program and is certified at

923

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

924

is the minimum level of certification to function as a career

925

firefighter as set forth in subsection (2). For purposes of this

926

chapter, a certificate of compliance at level II replaces the

927

previous certificate of compliance required to be a career

928

firefighter. Firefighters currently certified with a certificate

929

of compliance are deemed to be in compliance with the

930

requirements of this chapter and need not become certified as a

931

firefighter II.

932

     (11) "Fireground resource technician" means a volunteer

933

exterior firefighter or support person who is not qualified by

934

certification to be an interior firefighter but who has completed

935

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

936

Fireground resource technician is the minimum level of

937

certification to function on the fireground in accordance with

938

division rules.

939

     Section 23.  Section 633.34, Florida Statutes, is amended to

940

read:

941

     633.34  Firefighters; qualifications for employment.--

942

     (1) Any person applying for employment as a firefighter

943

must:

944

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

945

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

946

age.

947

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

948

guilty or nolo contendere to, any:

949

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

950

the applicant is not eligible for certification until the

951

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

952

     2. Misdemeanor involving moral turpitude, or misleading or

953

false statements relating to certification or employment as a

954

firefighter.

955

956

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

957

or a misdemeanor, the applicant is not eligible for certification

958

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

959

is suspended or adjudication is withheld and a period of

960

probation is imposed, the applicant must have been released from

961

probation Neither have been convicted of a felony or of a

962

misdemeanor directly related to the position of employment

963

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

964

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

965

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

966

been convicted of a misdemeanor directly related to the position

967

of employment sought, such applicant shall be excluded from

968

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

969

If the sentence is suspended or adjudication is withheld in a

970

felony charge or in a misdemeanor directly related to the

971

position or employment sought and a period of probation is

972

imposed, the applicant must have been released from probation.

973

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

974

division Submit a fingerprint card to the division with a current

975

processing fee. The fingerprints shall fingerprint card will be

976

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

977

Federal Bureau of Investigation, or both, as directed by division

978

rule.

979

     (4) Have a good moral character as determined by

980

investigation under procedure established by the division.

981

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

982

medical examination given by a physician, surgeon, or physician

983

assistant licensed to practice in the state pursuant to chapter

984

458; an osteopathic physician, surgeon, or physician assistant

985

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

986

advanced registered nurse practitioner licensed to practice in

987

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

988

with the medical requirements for training and certification as

989

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

990

not be limited to, provisions of the National Fire Protection

991

Association Standard 1582. Results of this A medical examination

992

evidencing good physical condition shall be submitted to the

993

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

994

eligible for admission into a firefighter training program as

995

defined in s. 633.35.

996

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

997

least 1 year immediately preceding application, as evidenced by

998

the sworn affidavit of the applicant.

999

     (2) A person who does not hold a fire service apprentice,

1000

fireground resource technician, firefighter I, or firefighter II

1001

certificate may not respond or engage in hazardous operations,

1002

including, but not limited to, interior structural firefighting,

1003

hazardous-materials-incident mitigation, and incident command,

1004

requiring the knowledge and skills taught in the training

1005

programs established in s. 633.35, regardless of volunteer or

1006

employment status.

1007

     Section 24.  Section 633.35, Florida Statutes, is amended to

1008

read:

1009

     633.35  Firefighter training and certification.--

1010

     (1) The division shall establish by rule a firefighter

1011

training programs for certification as a fireground resource

1012

technician, a fire service apprentice, a firefighter I, and a

1013

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

1014

administered by such agencies and institutions as approved by the

1015

division in accordance with division rules it approves for the

1016

purpose of providing basic employment training for firefighters.

1017

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

1018

such training.

1019

     (2) The division shall issue certificates a certificate of

1020

compliance for certification as a fireground resource technician,

1021

a fire service apprentice, a firefighter I, and a firefighter II

1022

to any person who has satisfactorily completed complying with the

1023

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

1024

successfully passed an examination as prescribed by the division,

1025

and who possesses the qualifications specified for employment in

1026

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

1027

as a career regular or permanent firefighter by an employing

1028

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

1029

any political subdivision of the state, including authorities and

1030

special districts, unless certified as a firefighter II, except

1031

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

1032

firefighter II. An individual hired to be trained and become

1033

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

1034

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

1035

obtain the firefighter II until he or she has obtained such

1036

certificate of compliance. A person who does not hold a

1037

firefighter II certificate of compliance and is employed under

1038

this section may not directly engage in hazardous operations,

1039

such as interior structural firefighting and hazardous-materials-

1040

incident mitigation, requiring the knowledge and skills taught in

1041

a training program established in subsection (1), including

1042

incident command. However, a person who is certified and has been

1043

employed by served as a volunteer firefighter with the state or

1044

any political subdivision of the state, including authorities and

1045

special districts, who is then employed as a career regular or

1046

permanent firefighter may function, during this period, in the

1047

same capacity in which he or she acted prior to being employed as

1048

a career firefighter as a volunteer firefighter, provided that he

1049

or she has completed all training required by the volunteer

1050

organization.

1051

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

1052

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

1053

received basic employment training for firefighters in another

1054

state when the division has determined that such training was at

1055

least equivalent to that required by the division for approved

1056

firefighter education and training programs in this state and

1057

when such person has satisfactorily complied with all other

1058

requirements of this section. The division may also issue a

1059

special certificate to a person who is otherwise qualified under

1060

this section and who is employed as the administrative and

1061

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

1062

based on the acknowledgment that such person is less likely to

1063

need physical dexterity and more likely to need advanced

1064

knowledge of firefighting and supervisory skills. The certificate

1065

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

1066

administrative and command head of a fire/rescue/emergency

1067

services organization and must be obtained prior to employment in

1068

such capacity.

1069

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

1070

section may retake the examination once within 6 months after the

1071

original examination date. An applicant who does not pass retake

1072

the examination within such time must repeat or take the

1073

applicable training program Minimum Standards Course, pursuant to

1074

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

1075

establish reasonable preregistration deadlines for such

1076

reexaminations.

1077

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

1078

establish a structural fire training program of not less than 40

1079

hours. The division shall issue to any person satisfactorily

1080

complying with this training program and who has successfully

1081

passed an examination as prescribed by the division and who has

1082

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

1083

Firefighter.

1084

     (6)  A certified forestry firefighter is entitled to the

1085

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

1086

career certified firefighter. For the purposes of this statute,

1087

forestry compliance certification is equivalent to firefighter

1088

II.

1089

     Section 25.  Section 633.351, Florida Statutes, is amended

1090

to read:

1091

     633.351  Disciplinary action; firefighters; standards for

1092

revocation of certification.--

1093

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

1094

evidence is found that the certification was improperly issued by

1095

the division or if evidence is found that the certification was

1096

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

1097

misleading information.

1098

     (2) The certification of a firefighter who has been

1099

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

1100

felony, or any misdemeanor involving moral turpitude, or

1101

misleading or false statements relating to the certification or

1102

employment as a firefighter, shall be revoked. In the case of a

1103

felony, the certification may not be reinstated is convicted of a

1104

felony, or who is convicted of a misdemeanor relating to

1105

misleading or false statements, or who pleads nolo contendere to

1106

any charge of a felony shall be revoked until the firefighter

1107

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

1108

felony or such misdemeanor charge is suspended or adjudication is

1109

withheld, the firefighter's revocation of certification shall

1110

continue for a period of 4 years after expiration of completion

1111

of any probation before the applicant is eligible for

1112

recertification be revoked until she or he completes any

1113

probation.

1114

     (3) It is a violation of certification for any career

1115

firefighter as defined in this chapter, whose initial employment

1116

date is on or after July 1, 2008, to use tobacco products. An

1117

investigation by the local firefighter employer which determines

1118

such use, confirmed by legal means such as nicotine or cotinine

1119

testing, shall result in the suspension of the firefighter's

1120

state certification, requiring suspension or termination of

1121

employment. The division shall adopt rules setting forth the

1122

criteria for testing, investigation, and notification of the

1123

division by the local firefighter employer of violations, actions

1124

to be taken by the division, reinstatement of certification with

1125

appropriate medical approval and surveillance, and the number of

1126

violations allowed before permanent revocation of firefighter

1127

certification.

1128

     Section 26.  Section 633.352, Florida Statutes, is amended

1129

to read:

1130

     633.352  Retention of firefighter certification.--

1131

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

1132

firefighter, or as a volunteer firefighter with an organized fire

1133

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

1134

and pass the written and practical portions portion of the

1135

minimum standards state examination specified in division rules

1136

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

1137

maintain her or his certification as a firefighter.; however,

1138

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

1139

firefighters who are certified and employed as full-time fire

1140

safety inspectors by a fire department employing agency or to

1141

instructors regardless of their employment status instructors, as

1142

determined by the division.

1143

     (3) The 3-year period begins on the date the firefighter I

1144

or firefighter II certificate of compliance is issued, or upon

1145

termination of service with an organized fire department, or upon

1146

expiration of instructor certification.

1147

     Section 27.  Paragraph (b) of subsection (1) and paragraph

1148

(a) of subsection (2) of section 633.382, Florida Statutes, are

1149

amended to read:

1150

     633.382  Firefighters; supplemental compensation.--

1151

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

1152

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

1153

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

1154

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

1155

solely within the fire department of the employing agency or is

1156

employed by the division.

1157

     (2)  QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.--

1158

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

1159

employing agency to a any firefighter II, every career

1160

firefighter shall be paid supplemental compensation by the

1161

employing agency when such firefighter has complied with one of

1162

the following criteria:

1163

     1. Any firefighter II who receives an associate degree from

1164

an accredited a college, which degree is applicable to fire

1165

department duties, as outlined in policy guidelines of the

1166

division, shall be additionally compensated as outlined in

1167

paragraph (3)(a).

1168

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

1169

he earned an associate degree earlier, who receives from an

1170

accredited college or university a bachelor's degree, which

1171

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

1172

outlined in policy guidelines of the division, shall receive

1173

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

1174

     Section 28.  Subsection (3) is added to section 633.524,

1175

Florida Statutes, to read:

1176

     633.524  Certificate and permit fees; use and deposit of

1177

collected funds.--

1178

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

1179

any qualified public entity or private company in accordance with

1180

chapter 287 to provide examinations for any applicant for any

1181

examination administered under the jurisdiction of the State Fire

1182

Marshal under this chapter or any other chapter under the

1183

jurisdiction of the State Fire Marshal. The State Fire Marshal

1184

may have payments from each applicant for each examination made

1185

directly to such public entity or private company.

1186

     Section 29.  Subsections (1) and (4) of section 633.541,

1187

Florida Statutes, are amended to read:

1188

     633.541  Contracting without certificate prohibited;

1189

violations; penalty.--

1190

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

1191

engage in the business of, the layout, fabrication, installation,

1192

inspection, alteration, repair, or service of a fire protection

1193

system, other than a preengineered system, act in the capacity of

1194

a fire protection contractor, or advertise itself as being a fire

1195

protection contractor without having been duly certified and

1196

holding a valid and existing certificate, except as hereinafter

1197

provided. The holder of a certificate used to qualify an

1198

organization must be a full-time employee of the qualified

1199

organization or business. A certificateholder who is employed by

1200

more than one fire protection contractor during the same period

1201

of time is deemed not to be a full-time employee of either

1202

contractor. The State Fire Marshal shall revoke, for a period of

1203

time determined by the State Fire Marshal, the certificate of a

1204

certificateholder who allows the use of the certificate to

1205

qualify a company of which the certificateholder is not a full-

1206

time employee. A contractor who maintains more than one place of

1207

business must employ a certificateholder at each location.

1208

Nothing in This subsection does not prohibit prohibits an

1209

employee acting on behalf of governmental entities from

1210

inspecting and enforcing firesafety codes, provided such employee

1211

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

1212

dwelling from inspecting or maintaining the fire protection

1213

system for his or her own house.

1214

     (4)  In addition to the penalties provided in subsection

1215

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

1216

who violates any provision of this chapter section or who commits

1217

any act constituting cause for disciplinary action is subject to

1218

suspension or revocation of the certificate and administrative

1219

fines pursuant to s. 633.547.

1220

     Section 30.  Subsection (4) of section 633.72, Florida

1221

Statutes, is amended to read:

1222

     633.72  Florida Fire Code Advisory Council.--

1223

     (4)  Each appointee shall serve a 4-year term. No member

1224

shall serve more than two consecutive terms one term. No member

1225

of the council shall be paid a salary as such member, but each

1226

shall receive travel and expense reimbursement as provided in s.

1227

112.061.

1228

     Section 31.  Section 633.811, Florida Statutes, is amended

1229

to read:

1230

     633.811  Firefighter employer penalties.--If any firefighter

1231

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

1232

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

1233

sections in accordance with chapter 120 for the prevention of

1234

injuries, accidents, or occupational diseases or with any lawful

1235

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

1236

fails or refuses to furnish or adopt any safety device,

1237

safeguard, or other means of protection prescribed by division

1238

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

1239

occupational diseases, the division may issue an administrative

1240

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

1241

jurisdiction where the violation is occurring or has occurred,

1242

and assess an administrative fine against a firefighter employer

1243

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

1244

each day of each violation. The administrative penalty assessment

1245

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

1246

may also assess against the firefighter employer a civil penalty

1247

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

1248

violation, omission, failure, or refusal continues after the

1249

firefighter employer has been given written notice of such

1250

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

1251

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

1252

rules requiring penalties commensurate with the frequency or

1253

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

1254

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

1255

alleged to have occurred, unless otherwise agreed to by the

1256

firefighter employer and authorized by the division. All

1257

penalties assessed and collected under this section shall be

1258

deposited in the Insurance Regulatory Trust Fund.

1259

     Section 32.  Subsection (3) of section 633.821, Florida

1260

Statutes, is amended to read:

1261

     633.821  Workplace safety.--

1262

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

1263

individuals located outside the immediately dangerous to life and

1264

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

1265

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

1266

as such individual is able to immediately perform assistance or

1267

rescue activities without jeopardizing the safety or health of

1268

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

1269

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

1270

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

1271

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

1272

paragraphs (b) and (c).

1273

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

1274

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

1275

adding additional personnel to its firefighting staff or

1276

expending significant additional funds, such county,

1277

municipality, or special district shall have an additional 6

1278

months within which to implement such provision. Such county,

1279

municipality, or special district shall notify the division that

1280

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

1281

such county, municipality, or special district within 30 days

1282

after its decision to extend the time for the additional 6

1283

months. The decision to extend the time for implementation shall

1284

be made prior to April 1, 2002.

1285

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

1286

county, municipality, or special district, after having worked

1287

with and cooperated fully with the division and the Firefighters

1288

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

1289

implement such provisions without adding additional personnel to

1290

its firefighting staff or expending significant additional funds,

1291

such municipality, county, or special district shall be exempt

1292

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

1293

each year thereafter the division shall review each such county,

1294

municipality, or special district to determine if such county,

1295

municipality, or special district has the ability to implement

1296

such provision without adding additional personnel to its

1297

firefighting staff or expending significant additional funds. If

1298

the division determines that any county, municipality, or special

1299

district has the ability to implement such provision without

1300

adding additional personnel to its firefighting staff or

1301

expending significant additional funds, the division shall

1302

require such county, municipality, or special district to

1303

implement such provision. Such requirement by the division under

1304

this paragraph constitutes final agency action subject to chapter

1305

120.

1306

     Section 33. Subsection (8) of section 1013.12, Florida

1307

Statutes, is repealed.

1308

1309

================ T I T L E  A M E N D M E N T ================

1310

And the title is amended as follows:

1311

     Delete line(s) 2-40

1312

and insert:

1313

An act relating to fire prevention and control; creating

1314

s. 633.042, F.S.; providing a short title; providing

1315

legislative findings and intent; providing definitions;

1316

providing cigarette testing methods and performance

1317

standards; providing specific testing criteria; requiring

1318

manufacturers to provide certain written certification;

1319

requiring cigarettes to be marked in specific manners;

1320

providing for alternative testing methods under certain

1321

circumstances; providing reporting requirements; providing

1322

the Division of Alcoholic Beverages and Tobacco with

1323

certain powers and responsibilities; providing

1324

certification requirements for manufacturers; providing

1325

fee; providing for the deposit of certification fees into

1326

the Reduced Cigarette Ignition Propensity and Firefighter

1327

Protection Enforcement Trust Fund; providing requirements

1328

for the marking of certain cigarette packaging; providing

1329

reporting requirements; providing approval requirements

1330

for markings submitted to the division by a manufacturer;

1331

providing notification requirements; providing fines and

1332

penalties; providing for the deposit of penalties into the

1333

Fire Prevention and Public Safety Trust Fund; providing

1334

the division with rulemaking authority; authorizing

1335

certain government entities with inspection powers to

1336

examine specified documents of any person in possession,

1337

control, or occupancy of any premises where cigarettes are

1338

placed, stored, sold, or offered for sale, as well as the

1339

stock of cigarettes on the premises; providing that

1340

nothing in the act shall be construed to prohibit any

1341

person or entity from manufacturing or selling cigarettes

1342

that do not meet the specified requirements if such

1343

cigarettes are or will be stamped for sale in another

1344

state or are packaged for sale outside the United States;

1345

providing for repeal upon the enactment of a preemptive

1346

federal standard; prohibiting local government units from

1347

enacting and enforcing any ordinance or other local law or

1348

regulation that conflicts with, or is preempted by, any

1349

provision of the act; amending ss. 218.23 and 447.203,

1350

F.S.; revising cross-references; amending s. 553.895,

1351

F.S.; revising outdated publication references; amending

1352

s. 633.02, F.S.; providing the correct name for the State

1353

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

1354

provisions relating to uniform firesafety standards to

1355

include application to tunnels; revising requirements

1356

pertaining to supervised automatic sprinkler systems

1357

within nursing homes; requiring a nursing home licensee to

1358

submit complete sprinkler construction documents to the

1359

Agency for Health Care Administration by a specified date;

1360

requiring such licensee to gain final approval from the

1361

agency to start construction by a specified date;

1362

authorizing the agency to extend the deadline under

1363

certain circumstances; amending s. 633.0245, F.S.;

1364

changing the application deadline for participation in the

1365

State Fire Marshal Nursing Home Loan Guarantee Program;

1366

amending s. 633.025, F.S.; providing requirements for

1367

firesafety plans and inspections for manufactured

1368

buildings; amending s. 633.03, F.S.; expanding application

1369

of authority of the State Fire Marshal to investigate

1370

fires to include explosions; amending s. 633.061, F.S.;

1371

revising the type of fire suppression equipment in which a

1372

person must be licensed in order to engage in the business

1373

of servicing, inspecting, recharging, hydrotesting, or

1374

installing; revising the requirements for the renewal of a

1375

license to engage in the business of servicing,

1376

inspecting, recharging, hydrotesting, or installing fire

1377

suppression equipment; amending s. 633.081, F.S.;

1378

authorizing the State Fire Marshal to inspect buildings or

1379

structures for certain violations; abolishing special

1380

state firesafety inspector classifications; providing for

1381

certification as a firesafety inspector; providing

1382

application and examination requirements; authorizing the

1383

State Fire Marshal to develop a certain advanced training

1384

and certification program for firesafety inspectors;

1385

authorizing the Division of State Fire Marshal to enter

1386

into a reciprocity agreement with the Florida Building

1387

Code Administrators and Inspectors Board for certain

1388

continuing education recertification purposes; amending s.

1389

633.085, F.S.; revising requirements for the State Fire

1390

Marshal to inspect state buildings; amending s. 633.101,

1391

F.S.; revising and expanding the authority and powers of

1392

the State Fire Marshal to administer oaths, compel

1393

attendance of witnesses, and collect evidence; providing

1394

certain forms of immunity from liability for certain

1395

actions and persons under certain circumstances; exempting

1396

certain information from discovery under certain

1397

circumstances; exempting agents of the State Fire Marshal

1398

from subpoena under certain circumstances; specifying

1399

limitations on treatment of physical evidence; authorizing

1400

persons and agents of the State Fire Marshal to submit

1401

certain crime-related reports or information to the State

1402

Fire Marshal; authorizing agents of the State Fire Marshal

1403

to make arrests as state law enforcement officers under

1404

certain circumstances; providing that it is unlawful to

1405

resist arrest; amending s. 633.121, F.S.; expanding the

1406

list of eligible persons authorized to enforce laws and

1407

rules of the State Fire Marshal; amending s. 633.13, F.S.;

1408

revising a provision relating to the authority of agents

1409

of the State Fire Marshal; amending s. 633.14, F.S.;

1410

revising and expanding powers regarding arrests, searches,

1411

and the carrying of firearms by State Fire Marshal agents

1412

and investigators; amending s. 633.161, F.S.; expanding

1413

the list of violations for which the State Fire Marshal

1414

may issue certain enforcement orders; providing criminal

1415

penalties for failure to comply with such orders; amending

1416

s. 633.171, F.S.; conforming a provision; amending s.

1417

633.175, F.S.; specifying additional powers granted to the

1418

State Fire Marshal; amending s. 633.18, F.S.; revising a

1419

provision relating to conduct of inquiries or

1420

investigations by agents of the State Fire Marshal;

1421

amending s. 633.30, F.S.; revising and providing

1422

definitions; amending s. 633.34, F.S.; revising

1423

requirements for qualification for employment as a

1424

firefighter; amending s. 633.35, F.S.; revising

1425

requirements for firefighter training and certification;

1426

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

1427

disciplinary actions for firefighters; revising standards

1428

for revocation of firefighter certifications; amending s.

1429

633.352, F.S.; revising requirements for retention of

1430

firefighter certification; amending s. 633.382, F.S.;

1431

revising provisions regarding required supplemental

1432

compensation for firefighters; amending s. 633.524, F.S.;

1433

authorizing the State Fire Marshal to contract to provide

1434

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

1435

an exclusion from application of a prohibition against

1436

contracting without certification for certain homeowners;

1437

amending s. 633.72, F.S.; revising the membership terms of

1438

the Fire Code Advisory Council; amending s. 633.811, F.S.;

1439

expanding authority of the division to enforce provisions

1440

of law and rules applicable to employers; authorizing

1441

assessment of administrative fines; amending s. 633.821,

1442

F.S.; deleting certain obsolete provisions requiring

1443

counties, municipalities, and special districts to

1444

implement certain provisions of federal law; repealing s.

1445

1013.12(8), F.S., relating to annual reports; providing a

1446

contingent effective date.

4/21/2008  12:58:00 PM     590-08159-08