Florida Senate - 2008 COMMITTEE AMENDMENT

Bill No. CS for SB 2640

342692

CHAMBER ACTION

Senate

Comm: WD

4/22/2008

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House



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The Committee on General Government Appropriations (Jones)

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recommended the following 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.  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 11.  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

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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

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under this chapter or by rule adopted promulgated thereunder,

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which shall include completion of at least 40 hours during the

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preceding 3-year period of continuing education as required by

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

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passage of an examination as established by the department.

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

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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

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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

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

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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

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certificateholder knows to be false, or knowingly inducing

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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

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permit requirements within this state which the certificateholder

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knows are applicable by committing willful misconduct, gross

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negligence, gross misconduct, repeated negligence, or negligence

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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

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

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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

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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.

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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 12.  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

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

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

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

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

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used primarily for state purposes as determined by the State Fire

487

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

488

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

489

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

490

occupancies are inspected at least annually, for the purpose of

491

ascertaining and causing to be corrected any conditions liable to

492

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

493

firesafety standards for state-owned buildings, the provisions of

494

this chapter, or the rules or regulations adopted and promulgated

495

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

496

following an inspection, submit a report of such inspection to

497

the head of the department of state government responsible for

498

the building.

499

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

500

conduct performance tests on any electronic fire warning and

501

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

502

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

503

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

504

her or his agents shall also ensure that fire drills are

505

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

506

state-leased high-hazard occupancies at least annually.

507

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

508

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

509

state-leased space shall comply with the uniform firesafety

510

standards of the State Fire Marshal.

511

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

512

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

513

uniform firesafety standards shall be determined by reviewing the

514

plans for the proposed construction or occupancy submitted by the

515

lessor to the Division of State Fire Marshal for review and

516

approval prior to commencement of construction or occupancy,

517

which review shall be completed within 10 working days after

518

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

519

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

520

renovation or alteration of any existing, state-owned building

521

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

522

Fire Marshal for compliance with the uniform firesafety standards

523

prior to commencement of construction or change of occupancy,

524

which review shall be completed within 30 calendar days of

525

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

526

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

527

owned buildings and space and state-leased space as necessary

528

prior to occupancy or during construction, renovation, or

529

alteration to ascertain compliance with the uniform firesafety

530

standards. Whenever the Division of State Fire Marshal determines

531

by virtue of such inspection or by review of plans that

532

construction, renovation, or alteration of state-owned buildings

533

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

534

firesafety standards, the Division of State Fire Marshal shall

535

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

536

or to preclude occupancy, of a building until compliance is

537

obtained, except for those activities required to achieve such

538

compliance.

539

     Section 13.  Section 633.30, Florida Statutes, is amended to

540

read:

541

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

542

this chapter, the term:

543

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

544

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

545

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

546

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

547

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

548

professional firefighter by any employing agency, as defined

549

herein, whose primary responsibility is the prevention and

550

extinguishment of fires, the protection and saving of life and

551

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

552

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

553

prevention and control of fires.

554

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

555

and Training Council "Employing agency" means any municipality or

556

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

557

including authorities and special districts, employing

558

firefighters as defined in subsection (1).

559

     (3)  "Department" means the Department of Financial

560

Services.

561

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

562

the Department of Financial Services "Council" means the

563

Firefighters Employment, Standards, and Training Council.

564

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

565

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

566

authorities, special districts, or any private entity under

567

contract with such entities "Division" means the Division of

568

State Fire Marshal of the Department of Financial Services.

569

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

570

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

571

special fire control district, to provide emergency response for

572

the protection of life and property within a specified

573

geographical area.

574

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

575

who completes a high school course of instruction and examination

576

approved by the department that includes specified components of

577

firefighter I and II certification in accordance with the

578

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

579

may function as a fireground resource technician with a

580

recognized fire department. Upon age of 18 and graduation from

581

high school, the fire service apprentice may complete the

582

outstanding components of firefighter I and II certification

583

training and become certified at level II in accordance with the

584

division's rules.

585

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

586

the emergency response to fires and other emergencies, the

587

prevention and extinguishment of fires, the protection and saving

588

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

589

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

590

to the prevention and control of fires.

591

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

592

completed the firefighter I training program and is certified at

593

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

594

the minimum level of certification to function as a volunteer

595

firefighter.

596

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

597

completed the firefighter II training program and is certified at

598

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

599

is the minimum level of certification to function as a career

600

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

601

chapter, a certificate of compliance at level II replaces the

602

previous certificate of compliance required to be a career

603

firefighter. Firefighters currently certified with a certificate

604

of compliance are deemed to be in compliance with the

605

requirements of this chapter and need not become certified as a

606

firefighter II.

607

     (11) "Fireground resource technician" means a volunteer

608

exterior firefighter or support person who is not qualified by

609

certification to be an interior firefighter but who has completed

610

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

611

Fireground resource technician is the minimum level of

612

certification to function on the fireground in accordance with

613

division rules.

614

     Section 14.  Section 633.34, Florida Statutes, is amended to

615

read:

616

     633.34  Firefighters; qualifications for employment.--

617

     (1) Any person applying for employment as a firefighter

618

must:

619

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

620

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

621

age.

622

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

623

guilty or nolo contendere to, any:

624

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

625

the applicant is not eligible for certification until the

626

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

627

     2. Misdemeanor involving moral turpitude, or misleading or

628

false statements relating to certification or employment as a

629

firefighter.

630

631

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

632

or a misdemeanor, the applicant is not eligible for certification

633

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

634

is suspended or adjudication is withheld and a period of

635

probation is imposed, the applicant must have been released from

636

probation Neither have been convicted of a felony or of a

637

misdemeanor directly related to the position of employment

638

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

639

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

640

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

641

been convicted of a misdemeanor directly related to the position

642

of employment sought, such applicant shall be excluded from

643

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

644

If the sentence is suspended or adjudication is withheld in a

645

felony charge or in a misdemeanor directly related to the

646

position or employment sought and a period of probation is

647

imposed, the applicant must have been released from probation.

648

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

649

division Submit a fingerprint card to the division with a current

650

processing fee. The fingerprints shall fingerprint card will be

651

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

652

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

653

rule.

654

     (4) Have a good moral character as determined by

655

investigation under procedure established by the division.

656

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

657

medical examination given by a physician, surgeon, or physician

658

assistant licensed to practice in the state pursuant to chapter

659

458; an osteopathic physician, surgeon, or physician assistant

660

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

661

advanced registered nurse practitioner licensed to practice in

662

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

663

with the medical requirements for training and certification as

664

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

665

not be limited to, provisions of the National Fire Protection

666

Association Standard 1582. Results of this A medical examination

667

evidencing good physical condition shall be submitted to the

668

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

669

eligible for admission into a firefighter training program as

670

defined in s. 633.35.

671

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

672

least 1 year immediately preceding application, as evidenced by

673

the sworn affidavit of the applicant.

674

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

675

fireground resource technician, firefighter I, or firefighter II

676

certificate may not respond or engage in hazardous operations,

677

including, but not limited to, interior structural firefighting,

678

hazardous-materials-incident mitigation, and incident command,

679

requiring the knowledge and skills taught in the training

680

programs established in s. 633.35, regardless of volunteer or

681

employment status.

682

     Section 15.  Section 633.35, Florida Statutes, is amended to

683

read:

684

     633.35  Firefighter training and certification.--

685

     (1) The division shall establish by rule a firefighter

686

training programs for certification as a fireground resource

687

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

688

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

689

administered by such agencies and institutions as approved by the

690

division in accordance with division rules it approves for the

691

purpose of providing basic employment training for firefighters.

692

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

693

such training.

694

     (2) The division shall issue certificates a certificate of

695

compliance for certification as a fireground resource technician,

696

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

697

to any person who has satisfactorily completed complying with the

698

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

699

successfully passed an examination as prescribed by the division,

700

and who possesses the qualifications specified for employment in

701

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

702

as a career regular or permanent firefighter by an employing

703

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

704

any political subdivision of the state, including authorities and

705

special districts, unless certified as a firefighter II, except

706

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

707

firefighter II. An individual hired to be trained and become

708

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

709

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

710

obtain the firefighter II until he or she has obtained such

711

certificate of compliance. A person who does not hold a

712

firefighter II certificate of compliance and is employed under

713

this section may not directly engage in hazardous operations,

714

such as interior structural firefighting and hazardous-materials-

715

incident mitigation, requiring the knowledge and skills taught in

716

a training program established in subsection (1), including

717

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

718

employed by served as a volunteer firefighter with the state or

719

any political subdivision of the state, including authorities and

720

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

721

permanent firefighter may function, during this period, in the

722

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

723

a career firefighter as a volunteer firefighter, provided that he

724

or she has completed all training required by the volunteer

725

organization.

726

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

727

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

728

received basic employment training for firefighters in another

729

state when the division has determined that such training was at

730

least equivalent to that required by the division for approved

731

firefighter education and training programs in this state and

732

when such person has satisfactorily complied with all other

733

requirements of this section. The division may also issue a

734

special certificate to a person who is otherwise qualified under

735

this section and who is employed as the administrative and

736

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

737

based on the acknowledgment that such person is less likely to

738

need physical dexterity and more likely to need advanced

739

knowledge of firefighting and supervisory skills. The certificate

740

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

741

administrative and command head of a fire/rescue/emergency

742

services organization and must be obtained prior to employment in

743

such capacity.

744

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

745

section may retake the examination once within 6 months after the

746

original examination date. An applicant who does not pass retake

747

the examination within such time must repeat or take the

748

applicable training program Minimum Standards Course, pursuant to

749

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

750

establish reasonable preregistration deadlines for such

751

reexaminations.

752

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

753

establish a structural fire training program of not less than 40

754

hours. The division shall issue to any person satisfactorily

755

complying with this training program and who has successfully

756

passed an examination as prescribed by the division and who has

757

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

758

Firefighter.

759

     (6)  A certified forestry firefighter is entitled to the

760

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

761

career certified firefighter. For the purposes of this statute,

762

forestry compliance certification is equivalent to firefighter

763

II.

764

     Section 16.  Section 633.351, Florida Statutes, is amended

765

to read:

766

     633.351  Disciplinary action; firefighters; standards for

767

revocation of certification.--

768

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

769

evidence is found that the certification was improperly issued by

770

the division or if evidence is found that the certification was

771

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

772

misleading information.

773

     (2) The certification of a firefighter who has been

774

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

775

felony, or any misdemeanor involving moral turpitude, or

776

misleading or false statements relating to the certification or

777

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

778

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

779

felony, or who is convicted of a misdemeanor relating to

780

misleading or false statements, or who pleads nolo contendere to

781

any charge of a felony shall be revoked until the firefighter

782

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

783

felony or such misdemeanor charge is suspended or adjudication is

784

withheld, the firefighter's revocation of certification shall

785

continue for a period of 4 years after expiration of completion

786

of any probation before the applicant is eligible for

787

recertification be revoked until she or he completes any

788

probation.

789

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

790

firefighter as defined in this chapter, whose initial employment

791

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

792

investigation by the local firefighter employer which determines

793

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

794

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

795

state certification, requiring suspension or termination of

796

employment. The division shall adopt rules setting forth the

797

criteria for testing, investigation, and notification of the

798

division by the local firefighter employer of violations, actions

799

to be taken by the division, reinstatement of certification with

800

appropriate medical approval and surveillance, and the number of

801

violations allowed before permanent revocation of firefighter

802

certification.

803

     Section 17.  Section 633.352, Florida Statutes, is amended

804

to read:

805

     633.352  Retention of firefighter certification.--

806

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

807

firefighter, or as a volunteer firefighter with an organized fire

808

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

809

and pass the written and practical portions portion of the

810

minimum standards state examination specified in division rules

811

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

812

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

813

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

814

firefighters who are certified and employed as full-time fire

815

safety inspectors by a fire department employing agency or to

816

instructors regardless of their employment status instructors, as

817

determined by the division.

818

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

819

or firefighter II certificate of compliance is issued, or upon

820

termination of service with an organized fire department, or upon

821

expiration of instructor certification.

822

     Section 18.  Paragraph (b) of subsection (1) and paragraph

823

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

824

amended to read:

825

     633.382  Firefighters; supplemental compensation.--

826

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

827

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

828

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

829

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

830

solely within the fire department of the employing agency or is

831

employed by the division.

832

     (2)  QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.--

833

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

834

employing agency to a any firefighter II, every career

835

firefighter shall be paid supplemental compensation by the

836

employing agency when such firefighter has complied with one of

837

the following criteria:

838

     1. Any firefighter II who receives an associate degree from

839

an accredited a college, which degree is applicable to fire

840

department duties, as outlined in policy guidelines of the

841

division, shall be additionally compensated as outlined in

842

paragraph (3)(a).

843

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

844

he earned an associate degree earlier, who receives from an

845

accredited college or university a bachelor's degree, which

846

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

847

outlined in policy guidelines of the division, shall receive

848

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

849

     Section 19.  Subsection (3) is added to section 633.524,

850

Florida Statutes, to read:

851

     633.524  Certificate and permit fees; use and deposit of

852

collected funds.--

853

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

854

any qualified public entity or private company in accordance with

855

chapter 287 to provide examinations for any applicant for any

856

examination administered under the jurisdiction of the State Fire

857

Marshal under this chapter or any other chapter under the

858

jurisdiction of the State Fire Marshal. The State Fire Marshal

859

may have payments from each applicant for each examination made

860

directly to such public entity or private company.

861

     Section 20.  Subsections (1) and (4) of section 633.541,

862

Florida Statutes, are amended to read:

863

     633.541  Contracting without certificate prohibited;

864

violations; penalty.--

865

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

866

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

867

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

868

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

869

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

870

protection contractor without having been duly certified and

871

holding a valid and existing certificate, except as hereinafter

872

provided. The holder of a certificate used to qualify an

873

organization must be a full-time employee of the qualified

874

organization or business. A certificateholder who is employed by

875

more than one fire protection contractor during the same period

876

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

877

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

878

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

879

certificateholder who allows the use of the certificate to

880

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

881

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

882

business must employ a certificateholder at each location.

883

Nothing in This subsection does not prohibit prohibits an

884

employee acting on behalf of governmental entities from

885

inspecting and enforcing firesafety codes, provided such employee

886

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

887

dwelling from inspecting or maintaining the fire protection

888

system for his or her own house.

889

     (4)  In addition to the penalties provided in subsection

890

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

891

who violates any provision of this chapter section or who commits

892

any act constituting cause for disciplinary action is subject to

893

suspension or revocation of the certificate and administrative

894

fines pursuant to s. 633.547.

895

     Section 21.  Subsection (4) of section 633.72, Florida

896

Statutes, is amended to read:

897

     633.72  Florida Fire Code Advisory Council.--

898

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

899

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

900

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

901

shall receive travel and expense reimbursement as provided in s.

902

112.061.

903

     Section 22.  Section 633.811, Florida Statutes, is amended

904

to read:

905

     633.811  Firefighter employer penalties.--If any firefighter

906

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

907

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

908

sections in accordance with chapter 120 for the prevention of

909

injuries, accidents, or occupational diseases or with any lawful

910

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

911

fails or refuses to furnish or adopt any safety device,

912

safeguard, or other means of protection prescribed by division

913

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

914

occupational diseases, the division may issue an administrative

915

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

916

jurisdiction where the violation is occurring or has occurred,

917

and assess an administrative fine against a firefighter employer

918

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

919

each day of each violation. The administrative penalty assessment

920

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

921

may also assess against the firefighter employer a civil penalty

922

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

923

violation, omission, failure, or refusal continues after the

924

firefighter employer has been given written notice of such

925

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

926

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

927

rules requiring penalties commensurate with the frequency or

928

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

929

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

930

alleged to have occurred, unless otherwise agreed to by the

931

firefighter employer and authorized by the division. All

932

penalties assessed and collected under this section shall be

933

deposited in the Insurance Regulatory Trust Fund.

934

     Section 23.  Subsection (3) of section 633.821, Florida

935

Statutes, is amended to read:

936

     633.821  Workplace safety.--

937

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

938

individuals located outside the immediately dangerous to life and

939

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

940

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

941

as such individual is able to immediately perform assistance or

942

rescue activities without jeopardizing the safety or health of

943

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

944

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

945

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

946

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

947

paragraphs (b) and (c).

948

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

949

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

950

adding additional personnel to its firefighting staff or

951

expending significant additional funds, such county,

952

municipality, or special district shall have an additional 6

953

months within which to implement such provision. Such county,

954

municipality, or special district shall notify the division that

955

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

956

such county, municipality, or special district within 30 days

957

after its decision to extend the time for the additional 6

958

months. The decision to extend the time for implementation shall

959

be made prior to April 1, 2002.

960

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

961

county, municipality, or special district, after having worked

962

with and cooperated fully with the division and the Firefighters

963

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

964

implement such provisions without adding additional personnel to

965

its firefighting staff or expending significant additional funds,

966

such municipality, county, or special district shall be exempt

967

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

968

each year thereafter the division shall review each such county,

969

municipality, or special district to determine if such county,

970

municipality, or special district has the ability to implement

971

such provision without adding additional personnel to its

972

firefighting staff or expending significant additional funds. If

973

the division determines that any county, municipality, or special

974

district has the ability to implement such provision without

975

adding additional personnel to its firefighting staff or

976

expending significant additional funds, the division shall

977

require such county, municipality, or special district to

978

implement such provision. Such requirement by the division under

979

this paragraph constitutes final agency action subject to chapter

980

120.

981

     Section 24. Subsection (8) of section 1013.12, Florida

982

Statutes, is repealed.

983

984

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

985

And the title is amended as follows:

986

     Delete line(s) 2-40

987

and insert:

988

989

An act relating to fire prevention and control; creating

990

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

991

legislative findings and intent; providing definitions;

992

providing cigarette testing methods and performance

993

standards; providing specific testing criteria; requiring

994

manufacturers to provide certain written certification;

995

requiring cigarettes to be marked in specific manners;

996

providing for alternative testing methods under certain

997

circumstances; providing reporting requirements; providing

998

the Division of Alcoholic Beverages and Tobacco with

999

certain powers and responsibilities; providing

1000

certification requirements for manufacturers; providing

1001

fee; providing for the deposit of certification fees into

1002

the Reduced Cigarette Ignition Propensity and Firefighter

1003

Protection Enforcement Trust Fund; providing requirements

1004

for the marking of certain cigarette packaging; providing

1005

reporting requirements; providing approval requirements

1006

for markings submitted to the division by a manufacturer;

1007

providing notification requirements; providing fines and

1008

penalties; providing for the deposit of penalties into the

1009

Fire Prevention and Public Safety Trust Fund; providing

1010

the division with rulemaking authority; authorizing

1011

certain government entities with inspection powers to

1012

examine specified documents of any person in possession,

1013

control, or occupancy of any premises where cigarettes are

1014

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

1015

stock of cigarettes on the premises; providing that

1016

nothing in the act shall be construed to prohibit any

1017

person or entity from manufacturing or selling cigarettes

1018

that do not meet the specified requirements if such

1019

cigarettes are or will be stamped for sale in another

1020

state or are packaged for sale outside the United States;

1021

providing for repeal upon the enactment of a preemptive

1022

federal standard; prohibiting local government units from

1023

enacting and enforcing any ordinance or other local law or

1024

regulation that conflicts with, or is preempted by, any

1025

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

1026

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

1027

F.S.; revising outdated publication references; amending

1028

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

1029

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

1030

provisions relating to uniform firesafety standards to

1031

include application to tunnels; revising requirements

1032

pertaining to supervised automatic sprinkler systems

1033

within nursing homes; requiring a nursing home licensee to

1034

submit complete sprinkler construction documents to the

1035

Agency for Health Care Administration by a specified date;

1036

requiring such licensee to gain final approval from the

1037

agency to start construction by a specified date;

1038

authorizing the agency to extend the deadline under

1039

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

1040

changing the application deadline for participation in the

1041

State Fire Marshal Nursing Home Loan Guarantee Program;

1042

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

1043

firesafety plans and inspections for manufactured

1044

buildings; amending s. 633.061, F.S.; revising the type of

1045

fire suppression equipment in which a person must be

1046

licensed in order to engage in the business of servicing,

1047

inspecting, recharging, hydrotesting, or installing;

1048

revising the requirements for the renewal of a license to

1049

engage in the business of servicing, inspecting,

1050

recharging, hydrotesting, or installing fire suppression

1051

equipment; amending s. 633.081, F.S.; authorizing the

1052

State Fire Marshal to inspect buildings or structures for

1053

certain violations; abolishing special state firesafety

1054

inspector classifications; providing for certification as

1055

a firesafety inspector; providing application and

1056

examination requirements; authorizing the State Fire

1057

Marshal to develop a certain advanced training and

1058

certification program for firesafety inspectors;

1059

authorizing the Division of State Fire Marshal to enter

1060

into a reciprocity agreement with the Florida Building

1061

Code Administrators and Inspectors Board for certain

1062

continuing education recertification purposes; amending s.

1063

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

1064

Marshal to inspect state buildings; amending s. 633.30,

1065

F.S.; revising and providing definitions; amending s.

1066

633.34, F.S.; revising requirements for qualification for

1067

employment as a firefighter; amending s. 633.35, F.S.;

1068

revising requirements for firefighter training and

1069

certification; amending s. 633.351, F.S.; revising

1070

provisions for disciplinary actions for firefighters;

1071

revising standards for revocation of firefighter

1072

certifications; amending s. 633.352, F.S.; revising

1073

requirements for retention of firefighter certification;

1074

amending s. 633.382, F.S.; revising provisions regarding

1075

required supplemental compensation for firefighters;

1076

amending s. 633.524, F.S.; authorizing the State Fire

1077

Marshal to contract to provide certain examinations;

1078

amending s. 633.541, F.S.; expanding an exclusion from

1079

application of a prohibition against contracting without

1080

certification for certain homeowners; amending s. 633.72,

1081

F.S.; revising the membership terms of the Fire Code

1082

Advisory Council; amending s. 633.811, F.S.; expanding

1083

authority of the division to enforce provisions of law and

1084

rules applicable to employers; authorizing assessment of

1085

administrative fines; amending s. 633.821, F.S.; deleting

1086

certain obsolete provisions requiring counties,

1087

municipalities, and special districts to implement certain

1088

provisions of federal law; repealing s. 1013.12(8), F.S.,

1089

relating to annual reports; providing an contingent

1090

effective date.

4/21/2008  4:03:00 PM     13-08152A-08

CODING: Words stricken are deletions; words underlined are additions.