Florida Senate - 2009 SB 1606
By Senator Aronberg
27-01544-09 20091606__
1 A bill to be entitled
2 An act relating to fire prevention and control;
3 amending ss. 218.23 and 447.203, F.S.; conforming
4 cross-references; amending s. 553.895, F.S.; revising
5 outdated publication references; amending s. 633.02,
6 F.S.; correcting the official title in references to
7 the State Fire Marshal; amending s. 633.025, F.S.;
8 providing requirements for firesafety plans and
9 inspections for manufactured buildings; amending s.
10 633.03, F.S.; expanding the investigative authority of
11 the State Fire Marshal to include the investigation of
12 explosions; amending s. 633.061, F.S.; revising the
13 type of fire suppression equipment for which a person
14 must hold a license in order to engage in the business
15 of servicing, inspecting, recharging, hydrotesting, or
16 installing fire-suppression equipment; revising the
17 requirements for the renewal of such license; amending
18 s. 633.081, F.S.; authorizing the State Fire Marshal
19 to inspect buildings or structures for certain
20 violations; abolishing special state firesafety
21 inspector classifications; providing for certification
22 as a firesafety inspector; providing application and
23 examination requirements; authorizing the State Fire
24 Marshal to develop a certain advanced training and
25 certification program for firesafety inspectors;
26 authorizing the Division of State Fire Marshal to
27 enter into a reciprocity agreement with the Florida
28 Building Code Administrators and Inspectors Board for
29 certain continuing education recertification purposes;
30 amending s. 633.085, F.S.; revising requirements for
31 the State Fire Marshal to inspect state buildings;
32 amending s. 633.101, F.S.; revising and expanding the
33 authority and powers of the State Fire Marshal to
34 administer oaths, compel attendance of witnesses, and
35 collect evidence; providing certain forms of immunity
36 from liability for certain actions and persons under
37 certain circumstances; exempting certain information
38 from discovery under certain circumstances; exempting
39 agents of the State Fire Marshal from subpoena under
40 certain circumstances; specifying limitations on
41 treatment of physical evidence; authorizing persons
42 and agents of the State Fire Marshal to submit certain
43 crime-related reports or information to the State Fire
44 Marshal; authorizing agents of the State Fire Marshal
45 to make arrests as state law enforcement officers
46 under certain circumstances; providing that it is
47 unlawful to resist such arrest; amending s. 633.121,
48 F.S.; expanding the list of eligible persons
49 authorized to enforce laws and rules of the State Fire
50 Marshal; amending s. 633.13, F.S.; revising a
51 provision relating to the authority of agents of the
52 State Fire Marshal; amending s. 633.14, F.S.; revising
53 and expanding powers regarding arrests, searches, and
54 the carrying of firearms by State Fire Marshal agents
55 and investigators; amending s. 633.161, F.S.;
56 expanding the list of violations for which the State
57 Fire Marshal may issue certain enforcement orders;
58 providing criminal penalties for failure to comply
59 with such orders; amending s. 633.171, F.S.;
60 conforming a provision; amending s. 633.175, F.S.;
61 specifying additional powers granted to the State Fire
62 Marshal; amending s. 633.18, F.S.; revising a
63 provision relating to the conducting of inquiries or
64 investigations by agents of the State Fire Marshal;
65 amending s. 633.30, F.S.; revising and providing
66 definitions; amending s. 633.34, F.S.; revising
67 requirements for qualification for employment as a
68 firefighter; amending s. 633.35, F.S.; revising
69 requirements for firefighter training and
70 certification; amending s. 633.351, F.S.; revising
71 provisions for disciplinary actions for firefighters;
72 revising standards for revocation of firefighter
73 certifications; amending s. 633.352, F.S.; revising
74 requirements for retention of certification as a
75 firefighter; amending s. 633.382, F.S.; revising
76 provisions regarding required supplemental
77 compensation for firefighters; amending s. 633.524,
78 F.S.; authorizing the State Fire Marshal to contract
79 to provide certain examinations; amending s. 633.541,
80 F.S.; expanding an exclusion from application of a
81 prohibition against contracting without certification
82 for certain homeowners; amending s. 633.72, F.S.;
83 revising the membership terms of the Fire Code
84 Advisory Council; amending s. 633.811, F.S.; expanding
85 authority of the division to enforce provisions of law
86 and rules applicable to employers; authorizing the
87 assessment of administrative fines; amending s.
88 633.821, F.S.; deleting certain obsolete provisions
89 requiring counties, municipalities, and special
90 districts to implement certain provisions of federal
91 law; repealing s. 1013.12(8), F.S., relating to
92 certain annual reports published by the State Fire
93 Marshal; providing an effective date.
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. Paragraph (e) of subsection (1) of section
98 218.23, Florida Statutes, is amended to read:
99 218.23 Revenue sharing with units of local government.—
100 (1) To be eligible to participate in revenue sharing beyond
101 the minimum entitlement in any fiscal year, a unit of local
102 government is required to have:
103 (e) Certified that persons in its employ as firefighters,
104 as defined in s. 633.30 s. 633.30(1), meet the qualification for
105 employment as established by the Division of State Fire Marshal
106 pursuant to the provisions of ss. 633.34 and 633.35 and that the
107 provisions of s. 633.382 have been met.
108 Additionally, to receive its share of revenue sharing funds, a
109 unit of local government shall certify to the Department of
110 Revenue that the requirements of s. 200.065, if applicable, were
111 met. The certification shall be made annually within 30 days of
112 adoption of an ordinance or resolution establishing a final
113 property tax levy or, if no property tax is levied, not later
114 than November 1. The portion of revenue sharing funds which,
115 pursuant to this part, would otherwise be distributed to a unit
116 of local government which has not certified compliance or has
117 otherwise failed to meet the requirements of s. 200.065 shall be
118 deposited in the General Revenue Fund for the 12 months
119 following a determination of noncompliance by the department.
120 Section 2. Paragraph (b) of subsection (4) of section
121 447.203, Florida Statutes, is amended to read:
122 447.203 Definitions.—As used in this part:
123 (4) “Managerial employees” are those employees who:
124 (b) Serve as police chiefs, fire chiefs, or directors of
125 public safety of any police, fire, or public safety department.
126 Other police officers, as defined in s. 943.10(1), and
127 firefighters, as defined in s. 633.30 s. 633.30(1), may be
128 determined by the commission to be managerial employees of such
129 departments. In making such determinations, the commission shall
130 consider, in addition to the criteria established in paragraph
131 (a), the paramilitary organizational structure of the department
132 involved.
133 However, in determining whether an individual is a managerial
134 employee pursuant to either paragraph (a) or paragraph (b),
135 above, the commission may consider historic relationships of the
136 employee to the public employer and to coemployees.
137 Section 3. Subsection (1) of section 553.895, Florida
138 Statutes, is amended to read:
139 553.895 Firesafety.—
140 (1) Any transient public lodging establishment, as defined
141 in chapter 509 and used primarily for transient occupancy as
142 defined in s. 83.43(10), or any timeshare unit of a timeshare
143 plan as defined in chapters 718 and 721, which is of three
144 stories or more and for which the construction contract has been
145 let after September 30, 1983, with interior corridors which do
146 not have direct access from the guest area to exterior means of
147 egress and on buildings over 75 feet in height that have direct
148 access from the guest area to exterior means of egress and for
149 which the construction contract has been let after September 30,
150 1983, shall be equipped with an automatic sprinkler system
151 installed in compliance with the current edition of the
152 applicable fire sprinkler standards adopted by the State Fire
153 Marshal. the provisions prescribed in the National Fire
154 Protection Association publication NFPA No. 13 (1985),
155 “Standards for the Installation of Sprinkler Systems.” Each
156 guest room and each timeshare unit shall be equipped with an
157 approved listed single-station smoke detector meeting the
158 minimum requirements of NFPA 72, the current edition adopted by
159 the State Fire Marshal, 74 (1984) “Standards for the
160 Installation, Maintenance and Use of Household Fire Warning
161 Equipment,” powered from the building electrical service,
162 notwithstanding the number of stories in the structure, if the
163 contract for construction is let after September 30, 1983.
164 Single-station smoke detectors shall not be required when guest
165 rooms or timeshare units contain smoke detectors connected to a
166 central alarm system which also alarms locally.
167 Section 4. Section 633.02, Florida Statutes, is amended to
168 read:
169 633.02 Agents; powers and duties; compensation.—The State
170 Fire Marshal shall appoint such agents as may be necessary to
171 carry out effectively the provisions of this chapter, who shall
172 be reimbursed for travel expenses as provided in s. 112.061, in
173 addition to their salary, when traveling or making
174 investigations in the performance of their duties. Such agents
175 shall be at all times under the direction and control of the
176 State Fire Marshal, who shall fix their compensation, and all
177 orders shall be issued in the State Fire Marshal's name and by
178 her or his authority.
179 Section 5. Subsection (11) is added to section 633.025,
180 Florida Statutes, to read:
181 633.025 Minimum firesafety standards.—
182 (11)(a) The plans for, and inspections of, manufactured
183 buildings may be completed at the point of manufacture if the
184 following requirements are met:
185 1. The person reviewing the plans and inspecting the
186 manufactured or prototype building must be currently certified
187 as a firesafety inspector under s. 633.081(2); and
188 2. The manufacturer's modular data plate, stating that the
189 building is in compliance with chapter 633 and the rules of the
190 department, must be affixed to the building.
191 (b) The local fire official shall recognize and approve
192 such manufactured building, subject to local fire code
193 amendments, acceptable performance testing of life safety
194 systems, and site conditions. The cost of any additional work
195 necessary to meet the requirements of this subsection, if any,
196 shall be borne by the manufacturer. The department may adopt
197 rules to administer this subsection.
198 Section 6. Section 633.03, Florida Statutes, is amended to
199 read:
200 633.03 Investigation of fires and explosions fire;
201 reports.—The State Fire Marshal shall investigate the cause,
202 origin, and circumstances of every fire or explosion occurring
203 in this state wherein the State Fire Marshal deems an
204 investigation is necessary and property has been damaged or
205 destroyed where there is probable cause to believe that the fire
206 or explosion was the result of carelessness or design. Report of
207 all such investigations shall be made on approved forms to be
208 furnished by the State Fire Marshal.
209 Section 7. Subsections (1) and (2) and paragraph (a) of
210 subsection (3) of section 633.061, Florida Statutes, are amended
211 to read:
212 633.061 Fire suppression equipment; license to install or
213 maintain.—
214 (1) It is unlawful for any organization or individual to
215 engage in the business of servicing, repairing, recharging,
216 testing, marking, inspecting, installing, or hydrotesting any
217 fire extinguisher or preengineered system in this state except
218 in conformity with the provisions of this chapter. Each
219 organization or individual that engages in such activity must
220 possess a valid and subsisting license issued by the State Fire
221 Marshal. All fire extinguishers and preengineered systems
222 required by statute or by rule must be serviced by an
223 organization or individual licensed under the provisions of this
224 chapter. A licensee who receives appropriate training shall not
225 be prohibited by a manufacturer from servicing any particular
226 brand of fire extinguisher or preengineered system. The licensee
227 is legally qualified to act for the business organization in all
228 matters connected with its business, and the licensee must
229 supervise all activities undertaken by such business
230 organization. Each licensee shall maintain a specific business
231 location. A further requirement, in the case of multiple
232 locations where such servicing or recharging is taking place, is
233 that each licensee who maintains more than one place of business
234 where actual work is carried on must possess an additional
235 license, as set forth in this section, for each location, except
236 that a licensed individual may not qualify for more than five
237 locations. A licensee is limited to a specific type of work
238 performed depending upon the class of license held. Licenses and
239 license fees are required for the following:
240 (a) Class A..........................................$250
241 To service, recharge, repair, install, or inspect all types of
242 fire extinguishers and to conduct hydrostatic tests on all types
243 of fire extinguishers.
244 (b) Class B..........................................$150
245 To service, recharge, repair, install, or inspect all types of
246 fire extinguishers, including recharging carbon dioxide units
247 and conducting hydrostatic tests on all types of fire
248 extinguishers, except carbon dioxide units.
249 (c) Class C..........................................$150
250 To service, recharge, repair, install, or inspect all types of
251 fire extinguishers, except recharging carbon dioxide units, and
252 to conduct hydrostatic tests on all types of fire extinguishers,
253 except carbon dioxide units.
254 (d) Class D..........................................$200
255 To service, repair, recharge, hydrotest, install, or inspect all
256 types of preengineered fire extinguishing systems.
257 (e) Licenses issued as duplicates or to reflect a change of
258 address......................................................$10
259 Any fire equipment dealer licensed pursuant to this subsection
260 who does not want to engage in the business of servicing,
261 inspecting, recharging, repairing, hydrotesting, or installing
262 clean agent halon equipment must file an affidavit on a form
263 provided by the division so stating. Licenses will be issued by
264 the division to reflect the work authorized thereunder. It is
265 unlawful, unlicensed activity for any person or firm to falsely
266 hold himself or herself or a business organization out to
267 perform any service, inspection, recharge, repair, hydrotest, or
268 installation except as specifically described in the license.
269 (2) Each individual actually performing the work of
270 servicing, recharging, repairing, hydrotesting, installing,
271 testing, or inspecting fire extinguishers or preengineered
272 systems must possess a valid and subsisting permit issued by the
273 State Fire Marshal. Permittees are limited as to specific type
274 of work performed to allow work no more extensive than the class
275 of license held by the licensee under whom the permittee is
276 working. Permits will be issued by the division and the fees
277 required are as follows:
278 (a) Portable permit...................................$90
279 “Portable permittee” means a person who is limited to performing
280 work no more extensive than the employing licensee in the
281 servicing, recharging, repairing, installing, or inspecting all
282 types of portable fire extinguishers.
283 (b) Preengineered permit.............................$120
284 “Preengineered permittee” means a person who is limited to the
285 servicing, recharging, repairing, installing, or inspecting of
286 all types of preengineered fire extinguishing systems.
287 (c) Permits issued as duplicates or to reflect a change of
288 address......................................................$10
289 Any fire equipment permittee licensed pursuant to this
290 subsection who does not want to engage in servicing, inspecting,
291 recharging, repairing, hydrotesting, or installing clean agent
292 halon equipment must file an affidavit on a form provided by the
293 division so stating. Permits will be issued by the division to
294 reflect the work authorized thereunder. It is unlawful,
295 unlicensed activity for any person or firm to falsely hold
296 himself or herself out to perform any service, inspection,
297 recharge, repair, hydrotest, or installation except as
298 specifically described in the permit.
299 (3)(a) Such licenses and permits shall be issued by the
300 State Fire Marshal for 2 years beginning January 1, 2000, and
301 each 2-year period thereafter and expiring December 31 of the
302 second year. All licenses or permits issued will expire on
303 December 31 of each odd-numbered year. The failure to renew a
304 license or permit by December 31 of the second year will cause
305 the license or permit to become inoperative. The holder of an
306 inoperative license or permit shall not engage in any activities
307 for which a license or permit is required by this section. A
308 license or permit which is inoperative because of the failure to
309 renew it shall be restored upon payment of the applicable fee
310 plus a penalty equal to the applicable fee, if the application
311 for renewal is filed no later than the following March 31. If
312 the application for restoration is not made before the March
313 31st deadline, the fee for restoration shall be equal to the
314 original application fee and the penalty provided for herein,
315 and, in addition, the State Fire Marshal shall require
316 reexamination of the applicant. The fee for a license or permit
317 issued for 1 year or less shall be prorated at 50 percent of the
318 applicable fee for a biennial license or permit. Following the
319 initial licensure, each licensee or permittee shall successfully
320 complete a course or courses of continuing education for fire
321 equipment technicians of at least 16 32 hours. A license or
322 permit may not be renewed unless the licensee or permittee
323 produces documentation of the completion of at least 16 hours of
324 continuing education for fire equipment technicians during the
325 biennial licensure period within 4 years of initial issuance of
326 a license or permit and within each 4-year period thereafter or
327 no such license or permit shall be renewed. A person who is both
328 a licensee and a permittee shall be required to complete a total
329 of 16 32 hours of continuing education during each renewal per
330 4-year period. Each licensee shall ensure that all permittees in
331 his or her employment meet their continuing education
332 requirements. The State Fire Marshal shall adopt rules
333 describing the continuing education requirements and shall have
334 the authority upon reasonable belief, to audit a fire equipment
335 dealer to determine compliance with continuing education
336 requirements.
337 Section 8. Section 633.081, Florida Statutes, is amended to
338 read:
339 633.081 Inspection of buildings and equipment; orders;
340 firesafety inspection training requirements; certification;
341 disciplinary action.—The State Fire Marshal and her or his
342 agents may shall, at any reasonable hour, when the department
343 has reasonable cause to believe that a violation of this chapter
344 or s. 509.215, or a rule promulgated thereunder, or a minimum
345 firesafety code adopted by the State Fire Marshal or a local
346 authority, may exist, inspect any and all buildings and
347 structures which are subject to the requirements of this chapter
348 or s. 509.215 and rules promulgated thereunder. The authority to
349 inspect shall extend to all equipment, vehicles, and chemicals
350 which are located on or within the premises of any such building
351 or structure.
352 (1) Each county, municipality, and special district that
353 has firesafety enforcement responsibilities shall employ or
354 contract with a firesafety inspector. The firesafety inspector
355 must conduct all firesafety inspections that are required by
356 law. The governing body of a county, municipality, or special
357 district that has firesafety enforcement responsibilities may
358 provide a schedule of fees to pay only the costs of inspections
359 conducted pursuant to this subsection and related administrative
360 expenses. Two or more counties, municipalities, or special
361 districts that have firesafety enforcement responsibilities may
362 jointly employ or contract with a firesafety inspector.
363 (2) Every firesafety inspection conducted pursuant to state
364 or local firesafety requirements shall be by a person certified
365 as having met the inspection training requirements set by the
366 State Fire Marshal. Such person shall:
367 (a) Be a high school graduate or the equivalent as
368 determined by the department;
369 (b) Not have been found guilty of, or having pleaded guilty
370 or nolo contendere to, a felony or a crime punishable by
371 imprisonment of 1 year or more under the law of the United
372 States, or of any state thereof, which involves moral turpitude,
373 without regard to whether a judgment of conviction has been
374 entered by the court having jurisdiction of such cases;
375 (c) Have her or his fingerprints on file with the
376 department or with an agency designated by the department;
377 (d) Have good moral character as determined by the
378 department;
379 (e) Be at least 18 years of age;
380 (f) Have satisfactorily completed the firesafety inspector
381 certification examination as prescribed by the department; and
382 (g)1. Have satisfactorily completed, as determined by the
383 department, a firesafety inspector training program of not less
384 than 200 hours established by the department and administered by
385 agencies and institutions approved by the department for the
386 purpose of providing basic certification training for firesafety
387 inspectors; or
388 2. Have received in another state training which is
389 determined by the department to be at least equivalent to that
390 required by the department for approved firesafety inspector
391 education and training programs in this state.
392 (3)(a)1. Effective July 1, 2012, the classification of
393 special state firesafety inspector is abolished and all special
394 state firesafety inspector certifications expire at midnight
395 June 30, 2012.
396 2. Any person who is a special state firesafety inspector
397 on June 30, 2012, and who has failed to comply with paragraph
398 (b) or paragraph (c) may not perform any firesafety inspection
399 required by law.
400 3. A special state firesafety inspector certification may
401 not be awarded after June 30, 2009.
402 (b)1. Any person who is a special state firesafety
403 inspector on July 1, 2009, and who has at least 5 years of
404 experience as a special state firesafety inspector as of July 1,
405 2009, may take the same firesafety inspection examination as
406 provided in paragraph (2)(f) for firesafety inspectors before
407 July 1, 2012, to be certified as a firesafety inspector as
408 described in subsection (2).
409 2. Upon passing the examination, the person shall be
410 certified as a firesafety inspector as provided in subsection
411 (2).
412 3. Failure to obtain certification requires compliance with
413 paragraph (c) in order to be certified as a firesafety inspector
414 as provided in subsection (2).
415 (c)1. To be certified as a firesafety inspector under
416 subsection (2), a person must take an additional 80 hours of the
417 courses described in paragraph (2)(g) if such person:
418 a. Is a special state firesafety inspector on July 1, 2009,
419 and who does not have 5 years of experience as a special state
420 firesafety inspector as of July 1, 2009; or
421 b. Has 5 years of experience as a special state firesafety
422 inspector but has failed the examination taken pursuant to
423 paragraph (b).
424 2. After successfully completing the courses described in
425 this paragraph, such person is permitted to take the firesafety
426 inspection examination described in paragraph (2)(f), if such
427 examination is taken before July 1, 2012.
428 3. Upon passing the examination, the person shall be
429 certified as a firesafety inspector under subsection (2).
430 4. A person who fails the course of study or the
431 examination described in this paragraph may not perform any
432 firesafety inspection required by law on or after July 1, 2012.
433 Each special state firesafety inspection which is required by
434 law and is conducted by or on behalf of an agency of the state
435 must be performed by an individual who has met the provision of
436 subsection (2), except that the duration of the training program
437 shall not exceed 120 hours of specific training for the type of
438 property that such special state firesafety inspectors are
439 assigned to inspect.
440 (4) A firefighter certified pursuant to s. 633.35 may
441 conduct firesafety inspections, under the supervision of a
442 certified firesafety inspector, while on duty as a member of a
443 fire department company conducting inservice firesafety
444 inspections without being certified as a firesafety inspector,
445 if such firefighter has satisfactorily completed an inservice
446 fire department company inspector training program of at least
447 24 hours' duration as provided by rule of the department.
448 (5) Every firesafety inspector or special state firesafety
449 inspector certificate is valid for a period of 3 years from the
450 date of issuance. Renewal of certification shall be subject to
451 the affected person's completing proper application for renewal
452 and meeting all of the requirements for renewal as established
453 under this chapter or by rule adopted promulgated thereunder,
454 which shall include completion of at least 40 hours during the
455 preceding 3-year period of continuing education as required by
456 the rule of the department or, in lieu thereof, successful
457 passage of an examination as established by the department.
458 (6) The State Fire Marshal may deny, refuse to renew,
459 suspend, or revoke the certificate of a firesafety inspector or
460 special state firesafety inspector if it finds that any of the
461 following grounds exist:
462 (a) Any cause for which issuance of a certificate could
463 have been refused had it then existed and been known to the
464 State Fire Marshal.
465 (b) Violation of this chapter or any rule or order of the
466 State Fire Marshal.
467 (c) Falsification of records relating to the certificate.
468 (d) Having been found guilty of or having pleaded guilty or
469 nolo contendere to a felony, whether or not a judgment of
470 conviction has been entered.
471 (e) Failure to meet any of the renewal requirements.
472 (f) Having been convicted of a crime in any jurisdiction
473 which directly relates to the practice of fire code inspection,
474 plan review, or administration.
475 (g) Making or filing a report or record that the
476 certificateholder knows to be false, or knowingly inducing
477 another to file a false report or record, or knowingly failing
478 to file a report or record required by state or local law, or
479 knowingly impeding or obstructing such filing, or knowingly
480 inducing another person to impede or obstruct such filing.
481 (h) Failing to properly enforce applicable fire codes or
482 permit requirements within this state which the
483 certificateholder knows are applicable by committing willful
484 misconduct, gross negligence, gross misconduct, repeated
485 negligence, or negligence resulting in a significant danger to
486 life or property.
487 (i) Accepting labor, services, or materials at no charge or
488 at a noncompetitive rate from any person who performs work that
489 is under the enforcement authority of the certificateholder and
490 who is not an immediate family member of the certificateholder.
491 For the purpose of this paragraph, the term “immediate family
492 member” means a spouse, child, parent, sibling, grandparent,
493 aunt, uncle, or first cousin of the person or the person's
494 spouse or any person who resides in the primary residence of the
495 certificateholder.
496 (7) The department shall provide by rule for the
497 certification of firesafety inspectors.
498 (8) The State Fire Marshal may develop by rule an advanced
499 training and certification program for firesafety inspectors
500 with fire code management responsibility. Such program must be
501 consistent with national standards and establish minimum
502 training, education, and experience levels for firesafety
503 inspectors with fire code management responsibilities.
504 (9) The Division of State Fire Marshal may enter into a
505 reciprocity agreement with the Florida Building Code
506 Administrators and Inspectors Board, established pursuant to s.
507 468.605, to facilitate joint recognition of continuing education
508 recertification hours for certificateholders licensed under s.
509 468.609 and firesafety inspectors certified under subsection
510 (2).
511 Section 9. Paragraph (a) of subsection (1) and subsections
512 (2), (3), and (4) of section 633.085, Florida Statutes, are
513 amended to read:
514 633.085 Inspections of state buildings and premises; tests
515 of firesafety equipment; building plans to be approved.—
516 (1)(a) It is the duty of the State Fire Marshal and her or
517 his agents to inspect, or cause to be inspected, each state
518 owned building, which, for purposes of this section, includes
519 each building located on land owned by the state and used
520 primarily for state purposes as determined by the State Fire
521 Marshal, on a recurring basis established by rule, and to ensure
522 that high-hazard occupancies are inspected at least annually,
523 for the purpose of ascertaining and causing to be corrected any
524 conditions liable to cause fire or endanger life from fire and
525 any violation of the firesafety standards for state-owned
526 buildings, the provisions of this chapter, or the rules or
527 regulations adopted and promulgated pursuant hereto. The State
528 Fire Marshal shall, within 7 days following an inspection,
529 submit a report of such inspection to the head of the department
530 of state government responsible for the building.
531 (2) The State Fire Marshal and her or his agents may shall
532 conduct performance tests on any electronic fire warning and
533 smoke detection system, and any pressurized air-handling unit,
534 in any state-owned building or state-leased space on a recurring
535 basis as provided in subsection (1). The State Fire Marshal and
536 her or his agents shall also ensure that fire drills are
537 conducted in all high-hazard state-owned buildings or high
538 hazard state-leased high-hazard occupancies at least annually.
539 (3) All construction of any new, or renovation, alteration,
540 or change of occupancy of any existing, state-owned building or
541 state-leased space shall comply with the uniform firesafety
542 standards of the State Fire Marshal.
543 (a) For all new construction or renovation, alteration, or
544 change of occupancy of state-leased space, compliance with the
545 uniform firesafety standards shall be determined by reviewing
546 the plans for the proposed construction or occupancy submitted
547 by the lessor to the Division of State Fire Marshal for review
548 and approval prior to commencement of construction or occupancy,
549 which review shall be completed within 10 working days after
550 receipt of the plans by the Division of State Fire Marshal.
551 (b) The plans for all construction of any new, or
552 renovation or alteration of any existing, state-owned building
553 are subject to the review and approval of the Division of State
554 Fire Marshal for compliance with the uniform firesafety
555 standards prior to commencement of construction or change of
556 occupancy, which review shall be completed within 30 calendar
557 days of receipt of the plans by the Division of State Fire
558 Marshal.
559 (4) The Division of State Fire Marshal may inspect state
560 owned buildings and space and state-leased space as necessary
561 prior to occupancy or during construction, renovation, or
562 alteration to ascertain compliance with the uniform firesafety
563 standards. Whenever the Division of State Fire Marshal
564 determines by virtue of such inspection or by review of plans
565 that construction, renovation, or alteration of state-owned
566 buildings and state-leased space is not in compliance with the
567 uniform firesafety standards, the Division of State Fire Marshal
568 shall issue an order to cease construction, renovation, or
569 alteration, or to preclude occupancy, of a building until
570 compliance is obtained, except for those activities required to
571 achieve such compliance.
572 Section 10. Section 633.101, Florida Statutes, is amended
573 to read:
574 633.101 Hearings; investigations; investigatory powers of
575 State Fire Marshal; costs of service and witness fees.—
576 (1) The State Fire Marshal may in his or her discretion
577 take or cause to be taken the testimony on oath of all persons
578 whom he or she believes to be cognizant of any facts in relation
579 to matters under investigation. The State Fire Marshal may
580 administer oaths and affirmations, compel the attendance of
581 witnesses or proffering of matter, and collect evidence.
582 (2) If the State Fire Marshal seeks to obtain by request
583 any matter that, or the testimony of any person who, is located
584 outside the state, the person requested shall provide the
585 testimony to the State Fire Marshal or make the matter available
586 to the State Fire Marshal to examine at the place where the
587 matter is located. The State Fire Marshal may designate
588 representatives, including officials of the state in which the
589 matter is located, to inspect the matter on behalf of the State
590 Fire Marshal, and the State Fire Marshal may respond to similar
591 requests from officials of other states. If the State Fire
592 Marshal shall be of the opinion that there is sufficient
593 evidence to charge any person with an offense, he or she shall
594 cause the arrest of such person and shall furnish to the
595 prosecuting officer of any court having jurisdiction of said
596 offense all information obtained by him or her, including a copy
597 of all pertinent and material testimony taken, together with the
598 names and addresses of all witnesses. In the conduct of such
599 investigations, the fire marshal may request such assistance as
600 may reasonably be given by such prosecuting officers and other
601 local officials.
602 (3)(a) The State Fire Marshal may request that an
603 individual who refuses to comply with any request made under
604 subsection (2) be ordered by the circuit court to provide the
605 testimony or matter. The court may not order such compliance
606 unless the State Fire Marshal has demonstrated to the
607 satisfaction of the court that the testimony of the witness or
608 the matter under request has a direct bearing on a matter under
609 the jurisdiction of the State Fire Marshal or the Florida
610 Insurance Code, constitutes a felony or misdemeanor under this
611 chapter, a fraudulent insurance act, or an act of arson, or is
612 pertinent and necessary to further such investigation.
613 (b) Except in a prosecution for perjury, an individual who
614 complies with a court order to provide testimony or matter after
615 asserting a privilege against self-incrimination to which the
616 individual is entitled by law may not be subjected to a criminal
617 proceeding or to a civil penalty with respect to the act
618 concerning that which the individual is required to testify or
619 produce relevant matter.
620 (c) In the absence of fraud or bad faith, a person is not
621 subject to civil liability for libel, slander, or any other
622 relevant tort by virtue of filing reports, without malice, or
623 furnishing other information, without malice, required by this
624 chapter or required by the State Fire Marshal under the
625 authority granted in this chapter, and no civil cause of action
626 of any nature shall arise against such person for:
627 1. Any information relating to a matter under the
628 jurisdiction of the State Fire Marshal, suspected violations of
629 the Florida Insurance Code, or fraudulent insurance acts or
630 persons suspected of engaging in such acts furnished to or
631 received from law enforcement officials or their agents or
632 employees;
633 2. Any information relating to any matter under the
634 jurisdiction of the State Fire Marshal, suspected violations of
635 the Florida Insurance Code, fraudulent insurance acts or acts of
636 arson, or persons suspected of engaging in such acts furnished
637 to or received from other persons subject to the provisions of
638 this chapter;
639 3. Any information furnished in reports to the State Fire
640 Marshal or any local, state, or federal enforcement officials or
641 their agents or employees; or
642 4. Other actions taken in cooperation with any of the
643 agencies or individuals specified in this paragraph in the
644 lawful investigation of violations under the jurisdiction of the
645 State Fire Marshal, suspected violations of the Florida
646 Insurance Code, or suspected fraudulent insurance acts.
647 (d) In addition to the immunity granted in paragraph (c), a
648 person identified as a designated employee whose
649 responsibilities include the investigation and disposition of
650 violations under the jurisdiction of the State Fire Marshal or
651 the Florida Insurance Code and claims relating to suspected
652 fraudulent insurance acts may share information relating to
653 persons suspected of such acts with other designated employees
654 employed by the same or other insurers whose responsibilities
655 include such acts. Unless the employees of the insurer act in
656 bad faith or in reckless disregard for the rights of any
657 insured, the insurer or its designated employees are not civilly
658 liable for libel, slander, or any other relevant tort, and a
659 civil action does not arise against the insurer or its
660 designated employees for:
661 1. Any information related to any matter under the
662 jurisdiction of the State Fire Marshal or the Florida Insurance
663 Code, or suspected fraudulent insurance acts provided to an
664 insurer; or
665 2. Any information relating to any matter under the
666 jurisdiction of the State Fire Marshal or the Florida Insurance
667 Code, or suspected fraudulent insurance acts provided to the
668 National Insurance Crime Bureau or the National Association of
669 Insurance Commissioners.
670 However, the qualified immunity against civil liability
671 conferred on any insurer or its designated employees shall be
672 forfeited with respect to the exchange or publication of any
673 defamatory information with third parties not expressly
674 authorized by this paragraph to share in such information.
675 (e) This section does not abrogate or modify in any way any
676 common law or statutory privilege or immunity otherwise
677 applicable to any person.
678 (3) The fire marshal may summon and compel the attendance
679 of witnesses before him or her to testify in relation to any
680 manner which is, by the provisions of this chapter, a subject of
681 inquiry and investigation, and he or she may require the
682 production of any book, paper or document deemed pertinent
683 thereto by him or her, and may seize furniture and other
684 personal property to be held for evidence.
685 (4) Papers, documents, reports, or evidence relative to the
686 subject of an investigation under this section are not subject
687 to discovery until the investigation is completed or ceases to
688 be active. Agents of the State Fire Marshal are not subject to
689 subpoena in civil actions by any court of this state to testify
690 concerning any matter of which they have knowledge pursuant to a
691 pending investigation by the State Fire Marshal. All persons so
692 summoned and so testifying shall be entitled to the same witness
693 fees and mileage as provided for witnesses testifying in the
694 circuit courts of this state, and officers serving subpoenas or
695 orders of the fire marshal shall be paid in like manner for like
696 services in such courts, from the funds herein provided.
697 (5) Any person, other than an insurer, agent, or other
698 person licensed under the Florida Insurance Code or an employee
699 of such licensee, having knowledge or a belief that a crime
700 involving arson, a destructive device, an illegal possession of
701 explosives, a fraudulent insurance act, or any other act or
702 practice which, upon conviction, constitutes a felony or a
703 misdemeanor under this chapter, the Florida Insurance Code, or
704 s. 817.233, is being or has been committed may submit to the
705 State Fire Marshal a report or information pertinent to such
706 knowledge or belief and such additional information relative to
707 such knowledge or belief as the State Fire Marshal may request.
708 Any insurer, agent, or other person licensed under the Florida
709 Insurance Code, or an employee of such licensee, having
710 knowledge or a belief that a crime involving arson, a
711 destructive device, an illegal possession of explosives, or any
712 other act or practice which, upon conviction, constitutes a
713 felony or a misdemeanor under this chapter or s. 817.233, is
714 being or has been committed, shall send to the State Fire
715 Marshal a report or information pertinent to such knowledge or
716 belief and such additional information relative to such
717 knowledge or belief as the State Fire Marshal may require. The
718 State Fire Marshal shall review such information or reports and
719 select such information or reports as, in his or her judgment,
720 may require further investigation. The State Fire Marshal shall
721 then cause an independent examination of the facts surrounding
722 such information or report to be made to determine the extent,
723 if any, to which a crime involving arson, a destructive device,
724 or a fraudulent insurance act, or any other act or practice
725 that, upon conviction, constitutes a felony or a misdemeanor
726 under this chapter, the Florida Insurance Code, or s. 817.233 is
727 being or has been committed. The State Fire Marshal shall report
728 any alleged violations of law which his or her investigations
729 reveal to the appropriate licensing agency and state attorney or
730 other prosecuting agency having jurisdiction with respect to any
731 such violation.
732 (6) It is unlawful for any person to resist an arrest by an
733 agent of the State Fire Marshal authorized by this section or in
734 any manner to interfere, by abetting or assisting such
735 resistance or otherwise interfering, with any Division of State
736 Fire Marshal investigator in the duties imposed upon such agent
737 or investigator by law or department rule.
738 Section 11. Section 633.121, Florida Statutes, is amended
739 to read:
740 633.121 Persons authorized to enforce laws and rules of
741 State Fire Marshal.—The chiefs of county, municipal, and
742 special-district fire departments; other fire department
743 personnel designated by their respective chiefs; and personnel
744 designated by local governments having no organized fire
745 departments; and all law enforcement officers in the state duly
746 certified under chapter 943 and acting upon the request of the
747 State Fire Marshal or a chief of a county, municipal, or special
748 district fire department may are authorized to enforce this
749 chapter law and all rules adopted prescribed by the State Fire
750 Marshal within their respective jurisdictions. Such personnel
751 acting under the authority of this section shall be deemed to be
752 agents of their respective jurisdictions, not agents of the
753 State Fire Marshal.
754 Section 12. Section 633.13, Florida Statutes, is amended to
755 read:
756 633.13 State Fire Marshal; authority of agents.—The
757 authority given the State Fire Marshal under this chapter or any
758 rule or order adopted by the State Fire Marshal law may be
759 exercised by his or her agents, either individually or in
760 conjunction with any other state or local official charged with
761 similar responsibilities.
762 Section 13. Section 633.14, Florida Statutes, is amended to
763 read:
764 633.14 Agents; powers to make arrests, conduct searches and
765 seizures, serve summonses, and carry firearms.—Agents or
766 investigators of the State Fire Marshal have the power to make
767 arrests for criminal violations established as a result of
768 investigations. Such agents or investigators shall also be
769 considered state law enforcement officers for all purposes and
770 shall have the power to execute arrest warrants and search
771 warrants; serve subpoenas issued for the examination,
772 investigation, and trial of all offenses; and to arrest upon
773 probable cause, without warrant, any person violating any
774 provision of the laws of this state. Agents or investigators
775 empowered to make arrests under this section may bear arms in
776 the performance of their duties. In such a situation, the
777 investigator must be certified in compliance with the provisions
778 of s. 943.1395 or must meet the temporary employment or
779 appointment exemption requirements of s. 943.131 until certified
780 shall have the same authority to serve summonses, make arrests,
781 carry firearms, and make searches and seizures, as the sheriff
782 or her or his deputies, in the respective counties where such
783 investigations, hearings, or inspections may be held; and
784 affidavits necessary to authorize any such arrests, searches, or
785 seizures may be made before any trial court judge having
786 authority under the law to issue appropriate processes.
787 Section 14. Subsections (1) and (3) of section 633.161,
788 Florida Statutes, are amended to read:
789 633.161 Violations; orders to cease and desist, correct
790 hazardous conditions, preclude occupancy, or vacate;
791 enforcement; penalties.—
792 (1) If it is determined by the department that a violation
793 specified in this subsection exists, the State Fire Marshal or
794 her or his agent deputy may issue and deliver to the person
795 committing the violation an order to cease and desist from such
796 violation, to correct any hazardous condition, to preclude
797 occupancy of the affected building or structure, or to vacate
798 the premises of the affected building or structure. Such
799 violations consist of are:
800 (a) Except as set forth in paragraph (b), a violation of
801 any provision of this chapter, of any rule adopted pursuant
802 thereto, of any applicable uniform firesafety standard adopted
803 pursuant to s. 633.022 which is not adequately addressed by any
804 alternative requirements adopted on a local level, or of any
805 minimum firesafety standard adopted pursuant to s. 394.879.
806 (b) A substantial violation of an applicable minimum
807 firesafety standard adopted pursuant to s. 633.025 which is not
808 reasonably addressed by any alternative requirement imposed at
809 the local level, or an unreasonable interpretation of an
810 applicable minimum firesafety standard, and which violation or
811 interpretation clearly constitutes a danger to lifesafety.
812 (c) A building or structure which is in a dilapidated
813 condition and as a result thereof creates a danger to life,
814 safety, or property.
815 (d) A building or structure which contains explosive matter
816 or flammable liquids or gases constituting a danger to life,
817 safety, or property.
818 (e) A fire department that is not designated by a political
819 subdivision as defined in s. 1.01.
820 (3) Any person who violates or fails to comply with any
821 order under subsection (1) or subsection (2) commits is guilty
822 of a misdemeanor, punishable as provided in s. 633.171.
823 Section 15. Subsection (1) of section 633.171, Florida
824 Statutes, is amended to read:
825 633.171 Penalty for violation of law, rule, or order to
826 cease and desist or for failure to comply with corrective
827 order.—
828 (1) Any person who violates any provision of this chapter
829 law, any order or rule of the State Fire Marshal, or any order
830 to cease and desist or to correct conditions issued under this
831 chapter commits a misdemeanor of the second degree, punishable
832 as provided in s. 775.082 or s. 775.083.
833 Section 16. Subsection (1) of section 633.175, Florida
834 Statutes, is amended to read:
835 633.175 Investigation of fraudulent insurance claims and
836 crimes; immunity of insurance companies supplying information.—
837 (1) In addition to the other powers granted by this
838 chapter, the State Fire Marshal or an agent appointed pursuant
839 to s. 633.02, any law enforcement officer as defined in s.
840 111.065, any law enforcement officer of a federal agency, or any
841 fire department official who is engaged in the investigation of
842 a fire loss may request any insurance company or its agent,
843 adjuster, employee, or attorney, investigating a claim under an
844 insurance policy or contract with respect to a fire to release
845 any information whatsoever in the possession of the insurance
846 company or its agent, adjuster, employee, or attorney relative
847 to a loss from that fire. The insurance company shall release
848 the available information to and cooperate with any official
849 authorized to request such information pursuant to this section.
850 The information shall include, but shall not be limited to:
851 (a) Any insurance policy relevant to a loss under
852 investigation and any application for such a policy.
853 (b) Any policy premium payment records.
854 (c) The records, reports, and all material pertaining to
855 any previous claims made by the insured with the reporting
856 company.
857 (d) Material relating to the investigation of the loss,
858 including statements of any person, proof of loss, and other
859 relevant evidence.
860 (e) Memoranda, notes, and correspondence relating to the
861 investigation of the loss in the possession of the insurance
862 company or its agents, adjusters, employees, or attorneys.
863 Section 17. Section 633.18, Florida Statutes, is amended to
864 read:
865 633.18 State Fire Marshal; hearings and investigations;
866 subpoena of witnesses; orders of circuit court.—Any agent
867 designated by the State Fire Marshal for such purposes, may hold
868 hearings, sign and issue subpoenas, administer oaths, examine
869 witnesses, receive evidence, and require by subpoena the
870 attendance and testimony of witnesses and the production of such
871 accounts, records, memoranda or other evidence, as may be
872 material for the determination of any complaint or conducting
873 any inquiry or investigation under this chapter or any rule or
874 order of the State Fire Marshal law. In case of disobedience to
875 a subpoena, the State Fire Marshal or his or her agent may
876 invoke the aid of any court of competent jurisdiction in
877 requiring the attendance and testimony of witnesses and the
878 production of accounts, records, memoranda or other evidence and
879 any such court may in case of contumacy or refusal to obey a
880 subpoena issued to any person, issue an order requiring the
881 person to appear before the State Fire Marshal's agent or
882 produce accounts, records, memoranda or other evidence, as so
883 ordered, or to give evidence touching any matter pertinent to
884 any complaint or the subject of any inquiry or investigation,
885 and any failure to obey such order of the court shall be
886 punished by the court as a contempt thereof.
887 Section 18. Section 633.30, Florida Statutes, is amended to
888 read:
889 633.30 Standards for firefighting; definitions.—As used in
890 this chapter, the term:
891 (1) “Career firefighter” means a person who is compensated
892 at an hourly or salaried rate and whose work hours are scheduled
893 in advance to maintain a schedule of coverage at a station,
894 facility, or area to function as described in subsection (8)
895 “Firefighter” means any person initially employed as a full-time
896 professional firefighter by any employing agency, as defined
897 herein, whose primary responsibility is the prevention and
898 extinguishment of fires, the protection and saving of life and
899 property, and the enforcement of municipal, county, and state
900 fire prevention codes, as well as of any law pertaining to the
901 prevention and control of fires.
902 (2) “Council” means the Firefighters Employment, Standards,
903 and Training Council “Employing agency” means any municipality
904 or county, the state, or any political subdivision of the state,
905 including authorities and special districts, employing
906 firefighters as defined in subsection (1).
907 (3) “Department” means the Department of Financial
908 Services.
909 (4) “Division” means the Division of State Fire Marshal of
910 the Department of Financial Services “Council” means the
911 Firefighters Employment, Standards, and Training Council.
912 (5) “Employing agency” means any municipality or county,
913 the state, or any political subdivision of the state, including
914 authorities, special districts, or any private entity under
915 contract with such entities “Division” means the Division of
916 State Fire Marshal of the Department of Financial Services.
917 (6) “Fire department” means an organization designated by a
918 state political subdivision, such as a county, municipality, or
919 special fire control district, to provide emergency response for
920 the protection of life and property within a specified
921 geographical area.
922 (7) “Fire service apprentice” means any high school student
923 who completes a high school course of instruction and
924 examination approved by the department that includes specified
925 components of firefighter I and II certification in accordance
926 with the division's rules. Before the age of 18, a fire service
927 apprentice may function as a fireground resource technician with
928 a recognized fire department. Upon reaching the age of 18 and
929 graduating from high school, the fire service apprentice may
930 complete the outstanding components of firefighter I and II
931 certification training and become certified at level II in
932 accordance with the division's rules.
933 (8) “Firefighter” means any person whose responsibility is
934 the emergency response to fires and other emergencies, the
935 prevention and extinguishment of fires, the protection and
936 saving of life and property, and the enforcement of municipal,
937 county, and state fire prevention codes, as well as of any law
938 pertaining to the prevention and control of fires.
939 (9) “Firefighter I” means a person who has successfully
940 completed the firefighter I training program and is certified at
941 level I in accordance with the division's rules. Firefighter I
942 is the minimum level of certification to function as a volunteer
943 firefighter.
944 (10) “Firefighter II” means a person who has successfully
945 completed the firefighter II training program and is certified
946 at level II in accordance with the division's rules. Firefighter
947 II is the minimum level of certification to function as a career
948 firefighter as set forth in subsection (2). For purposes of this
949 chapter, a certificate of compliance at level II replaces the
950 previous certificate of compliance required to be a career
951 firefighter. Firefighters currently certified with a certificate
952 of compliance are deemed to be in compliance with the
953 requirements of this chapter and need not become certified as a
954 firefighter II.
955 (11) “Fireground resource technician” means a volunteer
956 exterior firefighter or support person who is not qualified by
957 certification to be an interior firefighter but who has
958 completed a course of instruction in accordance with the
959 division's rules. Fireground resource technician is the minimum
960 level of certification to function on the fireground in
961 accordance with division rules.
962 Section 19. Section 633.34, Florida Statutes, is amended to
963 read:
964 633.34 Firefighters; qualifications for employment.—
965 (1) Any person applying for employment as a firefighter
966 must:
967 (a)(1) Be a high school graduate or the equivalent, as the
968 term may be determined by the division, and at least 18 years of
969 age.
970 (b)(2) Never have been adjudicated guilty of, or pled
971 guilty or nolo contendere to, any:
972 1. Felony. If an applicant has been convicted of a felony,
973 the applicant is not eligible for certification until the
974 applicant complies with s. 112.011(2)(b); or
975 2. Misdemeanor involving moral turpitude, or misleading or
976 false statements relating to certification or employment as a
977 firefighter.
978 If an applicant has been sentenced for any conviction of a
979 felony or a misdemeanor, the applicant is not eligible for
980 certification until 4 years after the expiration of any
981 sentence. If a sentence is suspended or adjudication is withheld
982 and a period of probation is imposed, the applicant must have
983 been released from probation. Neither have been convicted of a
984 felony or of a misdemeanor directly related to the position of
985 employment sought, nor have pled nolo contendere to any charge
986 of a felony. If an applicant has been convicted of a felony,
987 such applicant must be in compliance with s. 112.011(2)(b). If
988 an applicant has been convicted of a misdemeanor directly
989 related to the position of employment sought, such applicant
990 shall be excluded from employment for a period of 4 years after
991 expiration of sentence. If the sentence is suspended or
992 adjudication is withheld in a felony charge or in a misdemeanor
993 directly related to the position or employment sought and a
994 period of probation is imposed, the applicant must have been
995 released from probation.
996 (c)(3) Pay for and submit fingerprints as directed by the
997 division Submit a fingerprint card to the division with a
998 current processing fee. The fingerprints shall fingerprint card
999 will be forwarded to the Department of Law Enforcement or and/or
1000 the Federal Bureau of Investigation, or both, as directed by
1001 division rule.
1002 (4) Have a good moral character as determined by
1003 investigation under procedure established by the division.
1004 (d)(5) Be in good physical condition as determined by a
1005 medical examination given by a physician, surgeon, or physician
1006 assistant licensed to practice in the state pursuant to chapter
1007 458; an osteopathic physician, surgeon, or physician assistant
1008 licensed to practice in the state pursuant to chapter 459; or an
1009 advanced registered nurse practitioner licensed to practice in
1010 the state pursuant to chapter 464, who are aware of and familiar
1011 with the medical requirements for training and certification as
1012 stated in department rule. Such examination may include, but
1013 need not be limited to, provisions of the National Fire
1014 Protection Association Standard 1582. Results of this A medical
1015 examination evidencing good physical condition shall be
1016 submitted to the division, on a form as provided by rule, before
1017 an individual is eligible for admission into a firefighter
1018 training program as defined in s. 633.35.
1019 (e)(6) Be a nonuser of tobacco or tobacco products for at
1020 least 1 year immediately preceding application, as evidenced by
1021 the sworn affidavit of the applicant.
1022 (2) A person who does not hold a fire service apprentice,
1023 fireground resource technician, firefighter I, or firefighter II
1024 certificate may not respond or engage in hazardous operations,
1025 including, but not limited to, interior structural firefighting,
1026 hazardous-materials-incident mitigation, and incident command,
1027 requiring the knowledge and skills taught in the training
1028 programs established in s. 633.35, regardless of volunteer or
1029 employment status.
1030 Section 20. Section 633.35, Florida Statutes, is amended to
1031 read:
1032 633.35 Firefighter training and certification.—
1033 (1) The division shall establish by rule a firefighter
1034 training programs for certification as a fireground resource
1035 technician, a fire service apprentice, a firefighter I, and a
1036 firefighter II, to be program of not less than 360 hours,
1037 administered by such agencies and institutions as approved by
1038 the division in accordance with division rules it approves for
1039 the purpose of providing basic employment training for
1040 firefighters. Nothing herein shall require a public employer to
1041 pay the cost of such training.
1042 (2) The division shall issue certificates a certificate of
1043 compliance for certification as a fireground resource
1044 technician, a fire service apprentice, a firefighter I, and a
1045 firefighter II to any person who has satisfactorily completed
1046 complying with the training programs program established in
1047 subsection (1), who has successfully passed an examination as
1048 prescribed by the division, and who possesses the qualifications
1049 specified for employment in s. 633.34, except s. 633.34(5). A No
1050 person may not be employed as a career regular or permanent
1051 firefighter by an employing agency, or by a private entity under
1052 contract with the state or any political subdivision of the
1053 state, including authorities and special districts, unless
1054 certified as a firefighter II, except for an individual hired to
1055 be trained and become certified as a firefighter II. An
1056 individual hired to be trained and become certified as a
1057 firefighter II has a maximum of for a period of time in excess
1058 of 1 year from the date of initial employment to obtain the
1059 firefighter II until he or she has obtained such certificate of
1060 compliance. A person who does not hold a firefighter II
1061 certificate of compliance and is employed under this section may
1062 not directly engage in hazardous operations, such as interior
1063 structural firefighting and hazardous-materials-incident
1064 mitigation, requiring the knowledge and skills taught in a
1065 training program established in subsection (1), including
1066 incident command. However, a person who is certified and has
1067 been employed by served as a volunteer firefighter with the
1068 state or any political subdivision of the state, including
1069 authorities and special districts, who is then employed as a
1070 career regular or permanent firefighter may function, during
1071 this period, in the same capacity in which he or she acted
1072 before being employed as a career firefighter as a volunteer
1073 firefighter, provided that he or she has completed all training
1074 required by the volunteer organization.
1075 (3) The division may issue a certificate of compliance at
1076 the firefighter I or firefighter II level to any person who has
1077 received basic employment training for firefighters in another
1078 state when the division has determined that such training was at
1079 least equivalent to that required by the division for approved
1080 firefighter education and training programs in this state and
1081 when such person has satisfactorily complied with all other
1082 requirements of this section. The division may also issue a
1083 special certificate to a person who is otherwise qualified under
1084 this section and who is employed as the administrative and
1085 command head of a fire/rescue/emergency services organization,
1086 based on the acknowledgment that such person is less likely to
1087 need physical dexterity and more likely to need advanced
1088 knowledge of firefighting and supervisory skills. The
1089 certificate is valid only while the person is serving in a
1090 position as an administrative and command head of a
1091 fire/rescue/emergency services organization and must be obtained
1092 before employment in such capacity.
1093 (4) A person who fails an examination given under this
1094 section may retake the examination once within 6 months after
1095 the original examination date. An applicant who does not pass
1096 retake the examination within such time must repeat or take the
1097 applicable training program Minimum Standards Course, pursuant
1098 to subsection (1), before being reexamined. The division may
1099 establish reasonable preregistration deadlines for such
1100 reexaminations.
1101 (5) Pursuant to s. 590.02(1)(e), the division shall
1102 establish a structural fire training program of not less than 40
1103 hours. The division shall issue to any person satisfactorily
1104 complying with this training program and who has successfully
1105 passed an examination as prescribed by the division and who has
1106 met the requirements of s. 590.02(1)(e) a Certificate of
1107 Forestry Firefighter.
1108 (6) A certified forestry firefighter is entitled to the
1109 same rights, privileges, and benefits provided for by law as a
1110 career certified firefighter. For the purposes of this statute,
1111 forestry compliance certification is equivalent to firefighter
1112 II.
1113 Section 21. Section 633.351, Florida Statutes, is amended
1114 to read:
1115 633.351 Disciplinary action; firefighters; standards for
1116 revocation of certification.—
1117 (1) The certification of a firefighter shall be revoked if
1118 evidence is found that the certification was improperly issued
1119 by the division or if evidence is found that the certification
1120 was issued on the basis of false, incorrect, incomplete, or
1121 misleading information.
1122 (2) The certification of a firefighter who has been
1123 adjudicated guilty of, or pled guilty or nolo contendere to, any
1124 felony, or any misdemeanor involving moral turpitude, or
1125 misleading or false statements relating to the certification or
1126 employment as a firefighter, shall be revoked. In the case of a
1127 felony, the certification may not be reinstated is convicted of
1128 a felony, or who is convicted of a misdemeanor relating to
1129 misleading or false statements, or who pleads nolo contendere to
1130 any charge of a felony shall be revoked until the firefighter
1131 complies with s. 112.011(2)(b). However, if sentence upon such
1132 felony or such misdemeanor charge is suspended or adjudication
1133 is withheld, the firefighter's revocation of certification shall
1134 continue for a period of 4 years after expiration of completion
1135 of any probation before the applicant is eligible for
1136 recertification be revoked until she or he completes any
1137 probation.
1138 (3) It is a violation of certification for any career
1139 firefighter as defined in this chapter, whose initial employment
1140 date is on or after July 1, 2008, to use tobacco products. An
1141 investigation by the local firefighter employer which determines
1142 such use, confirmed by legal means such as nicotine or cotinine
1143 testing, shall result in the suspension of the firefighter's
1144 state certification, requiring suspension or termination of
1145 employment. The division shall adopt rules setting forth the
1146 criteria for testing, investigation, and notification of the
1147 division by the local firefighter employer of violations,
1148 actions to be taken by the division, reinstatement of
1149 certification with appropriate medical approval and
1150 surveillance, and the number of violations allowed before
1151 permanent revocation of firefighter certification.
1152 Section 22. Section 633.352, Florida Statutes, is amended
1153 to read:
1154 633.352 Retention of firefighter certification.—
1155 (1) Any certified firefighter who has not been active as a
1156 firefighter, or as a volunteer firefighter with an organized
1157 fire department, for a period of 3 years shall be required to
1158 retake and pass the written and practical portions portion of
1159 the minimum standards state examination specified in division
1160 rules rule 4A-37.056(6)(b), Florida Administrative Code, in
1161 order to maintain her or his certification as a firefighter.;
1162 however,
1163 (2) This requirement does not apply to state-certified
1164 firefighters who are certified and employed as full-time fire
1165 safety inspectors by a fire department employing agency or to
1166 instructors regardless of their employment status instructors,
1167 as determined by the division.
1168 (3) The 3-year period begins on the date the firefighter I
1169 or firefighter II certificate of compliance is issued, or upon
1170 termination of service with an organized fire department, or
1171 upon expiration of instructor certification.
1172 Section 23. Paragraph (b) of subsection (1) and paragraph
1173 (a) of subsection (2) of section 633.382, Florida Statutes, are
1174 amended to read:
1175 633.382 Firefighters; supplemental compensation.—
1176 (1) DEFINITIONS.—As used in this section, the term:
1177 (b) “Firefighter” means any person who meets the definition
1178 of the term “firefighter” in s. 633.30 s. 633.30(1) who is
1179 certified in compliance with s. 633.35 and who is employed
1180 solely within the fire department of the employing agency or is
1181 employed by the division.
1182 (2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.—
1183 (a) In addition to the compensation now paid by an
1184 employing agency to a any firefighter II, every career
1185 firefighter shall be paid supplemental compensation by the
1186 employing agency when such firefighter has complied with one of
1187 the following criteria:
1188 1. Any firefighter II who receives an associate degree from
1189 an accredited a college, which degree is applicable to fire
1190 department duties, as outlined in policy guidelines of the
1191 division, shall be additionally compensated as outlined in
1192 paragraph (3)(a).
1193 2. Any firefighter II, regardless of whether or not she or
1194 he earned an associate degree earlier, who receives from an
1195 accredited college or university a bachelor's degree, which
1196 bachelor's degree is applicable to fire department duties, as
1197 outlined in policy guidelines of the division, shall receive
1198 compensation as outlined in paragraph (3)(b).
1199 Section 24. Subsection (3) is added to section 633.524,
1200 Florida Statutes, to read:
1201 633.524 Certificate and permit fees; use and deposit of
1202 collected funds.—
1203 (3) The State Fire Marshal may enter into a contract with
1204 any qualified public entity or private company in accordance
1205 with chapter 287 to provide examinations for any applicant for
1206 any examination administered under the jurisdiction of the State
1207 Fire Marshal under this chapter or any other chapter under the
1208 jurisdiction of the State Fire Marshal. The State Fire Marshal
1209 may have payments from each applicant for each examination made
1210 directly to such public entity or private company.
1211 Section 25. Subsections (1) and (4) of section 633.541,
1212 Florida Statutes, are amended to read:
1213 633.541 Contracting without certificate prohibited;
1214 violations; penalty.—
1215 (1) It is unlawful for any organization or individual to
1216 engage in the business of, the layout, fabrication,
1217 installation, inspection, alteration, repair, or service of a
1218 fire protection system, other than a preengineered system, act
1219 in the capacity of a fire protection contractor, or advertise
1220 itself as being a fire protection contractor without having been
1221 duly certified and holding a valid and existing certificate,
1222 except as hereinafter provided. The holder of a certificate used
1223 to qualify an organization must be a full-time employee of the
1224 qualified organization or business. A certificateholder who is
1225 employed by more than one fire protection contractor during the
1226 same period of time is deemed not to be a full-time employee of
1227 either contractor. The State Fire Marshal shall revoke, for a
1228 period of time determined by the State Fire Marshal, the
1229 certificate of a certificateholder who allows the use of the
1230 certificate to qualify a company of which the certificateholder
1231 is not a full-time employee. A contractor who maintains more
1232 than one place of business must employ a certificateholder at
1233 each location. Nothing in This subsection does not prohibit
1234 prohibits an employee acting on behalf of governmental entities
1235 from inspecting and enforcing firesafety codes, provided such
1236 employee is certified under s. 633.081, or an owner of a one or
1237 two family dwelling from inspecting or maintaining the fire
1238 protection system for his or her own house.
1239 (4) In addition to the penalties provided in subsection
1240 (3), a fire protection contractor certified under this chapter
1241 who violates any provision of this chapter section or who
1242 commits any act constituting cause for disciplinary action is
1243 subject to suspension or revocation of the certificate and
1244 administrative fines pursuant to s. 633.547.
1245 Section 26. Subsection (4) of section 633.72, Florida
1246 Statutes, is amended to read:
1247 633.72 Florida Fire Code Advisory Council.—
1248 (4) Each appointee shall serve a 4-year term. No member
1249 shall serve more than two consecutive terms one term. No member
1250 of the council shall be paid a salary as such member, but each
1251 shall receive travel and expense reimbursement as provided in s.
1252 112.061.
1253 Section 27. Section 633.811, Florida Statutes, is amended
1254 to read:
1255 633.811 Firefighter employer penalties.—If any firefighter
1256 employer violates or fails or refuses to comply with ss.
1257 633.801-633.821, or with any rule adopted by the division under
1258 such sections in accordance with chapter 120 for the prevention
1259 of injuries, accidents, or occupational diseases or with any
1260 lawful order of the division in connection with ss. 633.801
1261 633.821, or fails or refuses to furnish or adopt any safety
1262 device, safeguard, or other means of protection prescribed by
1263 division rule under ss. 633.801-633.821 for the prevention of
1264 accidents or occupational diseases, the division may issue an
1265 administrative cease and desist order, enforceable in the
1266 circuit court in the jurisdiction where the violation is
1267 occurring or has occurred, and assess an administrative fine
1268 against a firefighter employer of not less than $100 but not
1269 more than $1,000 for each violation and each day of each
1270 violation. The administrative penalty assessment shall be
1271 subject to the provisions of chapter 120. The division may also
1272 assess against the firefighter employer a civil penalty of not
1273 less than $100 nor more than $5,000 for each day the violation,
1274 omission, failure, or refusal continues after the firefighter
1275 employer has been given written notice of such violation,
1276 omission, failure, or refusal. The total penalty for each
1277 violation shall not exceed $50,000. The division shall adopt
1278 rules requiring penalties commensurate with the frequency or
1279 severity of safety violations. A hearing shall be held in the
1280 county in which the violation, omission, failure, or refusal is
1281 alleged to have occurred, unless otherwise agreed to by the
1282 firefighter employer and authorized by the division. All
1283 penalties assessed and collected under this section shall be
1284 deposited in the Insurance Regulatory Trust Fund.
1285 Section 28. Subsection (3) of section 633.821, Florida
1286 Statutes, is amended to read:
1287 633.821 Workplace safety.—
1288 (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
1289 individuals located outside the immediately dangerous to life
1290 and health atmosphere may be assigned to an additional role,
1291 such as incident commander, pumper operator, engineer, or
1292 driver, so long as such individual is able to immediately
1293 perform assistance or rescue activities without jeopardizing the
1294 safety or health of any firefighter working at an incident. Also
1295 with respect to 29 C.F.R. s. 1910.134(g)(4):
1296 (a) Each county, municipality, and special district shall
1297 implement such provision by April 1, 2002, except as provided in
1298 paragraphs (b) and (c).
1299 (b) If any county, municipality, or special district is
1300 unable to implement such provision by April 1, 2002, without
1301 adding additional personnel to its firefighting staff or
1302 expending significant additional funds, such county,
1303 municipality, or special district shall have an additional 6
1304 months within which to implement such provision. Such county,
1305 municipality, or special district shall notify the division that
1306 the 6-month extension to implement such provision is in effect
1307 in such county, municipality, or special district within 30 days
1308 after its decision to extend the time for the additional 6
1309 months. The decision to extend the time for implementation shall
1310 be made prior to April 1, 2002.
1311 (c) If, after the extension granted in paragraph (b), the
1312 county, municipality, or special district, after having worked
1313 with and cooperated fully with the division and the Firefighters
1314 Employment, Standards, and Training Council, is still unable to
1315 implement such provisions without adding additional personnel to
1316 its firefighting staff or expending significant additional
1317 funds, such municipality, county, or special district shall be
1318 exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
1319 However, each year thereafter the division shall review each
1320 such county, municipality, or special district to determine if
1321 such county, municipality, or special district has the ability
1322 to implement such provision without adding additional personnel
1323 to its firefighting staff or expending significant additional
1324 funds. If the division determines that any county, municipality,
1325 or special district has the ability to implement such provision
1326 without adding additional personnel to its firefighting staff or
1327 expending significant additional funds, the division shall
1328 require such county, municipality, or special district to
1329 implement such provision. Such requirement by the division under
1330 this paragraph constitutes final agency action subject to
1331 chapter 120.
1332 Section 29. Subsection (8) of section 1013.12, Florida
1333 Statutes, is repealed.
1334 Section 30. This act shall take effect July 1, 2009.