1 | A bill to be entitled |
2 | An act relating to fire prevention and control; amending |
3 | ss. 218.23 and 447.203, F.S.; revising cross-references; |
4 | amending s. 553.895, F.S.; revising outdated publication |
5 | references; amending s. 633.02, F.S.; providing the |
6 | correct name for the State Fire Marshal; amending s. |
7 | 633.021, F.S.; revising definitions; amending s. 633.025, |
8 | F.S.; providing requirements for firesafety plans and |
9 | inspections for manufactured buildings; amending s. |
10 | 633.026, F.S.; providing legislative intent; revising |
11 | requirements for interpretations of the Florida Fire |
12 | Prevention Code; providing for nonbinding and binding |
13 | interpretations; requiring the Division of State Fire |
14 | Marshal to establish a Fire Code Interpretation Committee; |
15 | providing requirements for committee membership; providing |
16 | procedures and requirements for code interpretations by |
17 | the committee; providing for code interpretations by the |
18 | department; providing requirements and procedures for |
19 | petitions for interpretations; providing requirements for |
20 | committee proceedings; exempting certain local decisions |
21 | not subject to review under the section; amending s. |
22 | 633.03, F.S.; expanding application of authority of the |
23 | State Fire Marshal to investigate fires to include |
24 | explosions; amending s. 633.061, F.S.; revising the type |
25 | of fire suppression equipment in which a person must be |
26 | licensed in order to engage in the business of servicing, |
27 | inspecting, recharging, hydrotesting, or installing; |
28 | revising the requirements for the renewal of a license to |
29 | engage in the business of servicing, inspecting, |
30 | recharging, hydrotesting, or installing fire suppression |
31 | equipment; amending s. 633.071, F.S.; authorizing the |
32 | State Fire Marshal to adopt standards for the attachment |
33 | and placement of fire protection system inspection tags; |
34 | amending s. 633.081, F.S.; authorizing the State Fire |
35 | Marshal to inspect buildings or structures for certain |
36 | violations; abolishing special state firesafety inspector |
37 | classifications; providing for certification as a |
38 | firesafety inspector; providing application and |
39 | examination requirements; authorizing the State Fire |
40 | Marshal to develop a certain advanced training and |
41 | certification program for firesafety inspectors; |
42 | authorizing the Division of State Fire Marshal to enter |
43 | into a reciprocity agreement with the Florida Building |
44 | Code Administrators and Inspectors Board for certain |
45 | continuing education recertification purposes; amending s. |
46 | 633.082, F.S.; providing requirements for servicing, |
47 | testing, repair, and inspection of alarm systems, certain |
48 | fire hydrants, and certain fire protection systems and |
49 | associated private fire hydrants; providing for |
50 | replacement of certain fire sprinklers under certain |
51 | circumstances; amending s. 633.085, F.S.; revising |
52 | requirements for the State Fire Marshal to inspect state |
53 | buildings; amending s. 633.101, F.S.; revising and |
54 | expanding the authority and powers of the State Fire |
55 | Marshal to administer oaths, compel attendance of |
56 | witnesses, and collect evidence; providing certain forms |
57 | of immunity from liability for certain actions and persons |
58 | under certain circumstances; exempting certain information |
59 | from discovery under certain circumstances; exempting |
60 | agents of the State Fire Marshal from subpoena under |
61 | certain circumstances; specifying limitations on treatment |
62 | of physical evidence; authorizing persons and agents of |
63 | the State Fire Marshal to submit certain crime-related |
64 | reports or information to the State Fire Marshal; |
65 | authorizing agents of the State Fire Marshal to make |
66 | arrests as state law enforcement officers under certain |
67 | circumstances; providing that it is unlawful to resist |
68 | arrest; amending s. 633.121, F.S.; expanding the list of |
69 | eligible persons authorized to enforce laws and rules of |
70 | the State Fire Marshal; amending s. 633.13, F.S.; revising |
71 | a provision relating to the authority of agents of the |
72 | State Fire Marshal; amending s. 633.14, F.S.; revising and |
73 | expanding powers regarding arrests, searches, and the |
74 | carrying of firearms by State Fire Marshal agents and |
75 | investigators; amending s. 633.161, F.S.; expanding the |
76 | list of violations for which the State Fire Marshal may |
77 | issue certain enforcement orders; providing criminal |
78 | penalties for failure to comply with such orders; amending |
79 | s. 633.171, F.S.; conforming a provision; amending s. |
80 | 633.175, F.S.; specifying additional powers granted to the |
81 | State Fire Marshal; amending s. 633.18, F.S.; revising a |
82 | provision relating to conduct of inquiries or |
83 | investigations by agents of the State Fire Marshal; |
84 | amending s. 633.30, F.S.; revising and providing |
85 | definitions; amending s. 633.34, F.S.; revising |
86 | requirements for qualification for employment as a |
87 | firefighter; amending s. 633.35, F.S.; revising |
88 | requirements for firefighter training and certification; |
89 | amending s. 633.351, F.S.; revising provisions for |
90 | disciplinary actions for firefighters; revising standards |
91 | for revocation of firefighter certifications; amending s. |
92 | 633.352, F.S.; revising requirements for retention of |
93 | firefighter certification; amending s. 633.382, F.S.; |
94 | revising provisions relating to required supplemental |
95 | compensation for firefighters; amending s. 633.521, F.S.; |
96 | revising examination applicant prerequisites; deleting an |
97 | obsolete provision; revising certain fire system |
98 | inspection certification training and education criteria; |
99 | amending s. 633.524, F.S.; authorizing the State Fire |
100 | Marshal to contract to provide certain examinations; |
101 | amending s. 633.537, F.S.; revising certain fire system |
102 | inspection certification training and education criteria; |
103 | deleting obsolete provisions; amending s. 633.541, F.S.; |
104 | expanding an exclusion from application of a prohibition |
105 | against contracting without certification for certain |
106 | homeowners; amending s. 633.72, F.S.; revising the |
107 | membership terms of the Fire Code Advisory Council; |
108 | amending s. 633.811, F.S.; expanding authority of the |
109 | division to enforce provisions of law and rules applicable |
110 | to employers; authorizing assessment of administrative |
111 | fines; amending s. 633.821, F.S.; deleting certain |
112 | obsolete provisions requiring counties, municipalities, |
113 | and special districts to implement certain provisions of |
114 | federal law; providing an effective date. |
115 |
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116 | Be It Enacted by the Legislature of the State of Florida: |
117 |
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118 | Section 1. Paragraph (e) of subsection (1) of section |
119 | 218.23, Florida Statutes, is amended to read: |
120 | 218.23 Revenue sharing with units of local government.-- |
121 | (1) To be eligible to participate in revenue sharing |
122 | beyond the minimum entitlement in any fiscal year, a unit of |
123 | local government is required to have: |
124 | (e) Certified that persons in its employ as firefighters, |
125 | as defined in s. 633.30(1), meet the qualification for |
126 | employment as established by the Division of State Fire Marshal |
127 | pursuant to the provisions of ss. 633.34 and 633.35 and that the |
128 | provisions of s. 633.382 have been met. |
129 |
|
130 | Additionally, to receive its share of revenue sharing funds, a |
131 | unit of local government shall certify to the Department of |
132 | Revenue that the requirements of s. 200.065, if applicable, were |
133 | met. The certification shall be made annually within 30 days of |
134 | adoption of an ordinance or resolution establishing a final |
135 | property tax levy or, if no property tax is levied, not later |
136 | than November 1. The portion of revenue sharing funds which, |
137 | pursuant to this part, would otherwise be distributed to a unit |
138 | of local government which has not certified compliance or has |
139 | otherwise failed to meet the requirements of s. 200.065 shall be |
140 | deposited in the General Revenue Fund for the 12 months |
141 | following a determination of noncompliance by the department. |
142 | Section 2. Paragraph (b) of subsection (4) of section |
143 | 447.203, Florida Statutes, is amended to read: |
144 | 447.203 Definitions.--As used in this part: |
145 | (4) "Managerial employees" are those employees who: |
146 | (b) Serve as police chiefs, fire chiefs, or directors of |
147 | public safety of any police, fire, or public safety department. |
148 | Other police officers, as defined in s. 943.10(1), and |
149 | firefighters, as defined in s. 633.30(1), may be determined by |
150 | the commission to be managerial employees of such departments. |
151 | In making such determinations, the commission shall consider, in |
152 | addition to the criteria established in paragraph (a), the |
153 | paramilitary organizational structure of the department |
154 | involved. |
155 |
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156 | However, in determining whether an individual is a managerial |
157 | employee pursuant to either paragraph (a) or paragraph (b), |
158 | above, the commission may consider historic relationships of the |
159 | employee to the public employer and to coemployees. |
160 | Section 3. Subsection (1) of section 553.895, Florida |
161 | Statutes, is amended to read: |
162 | 553.895 Firesafety.-- |
163 | (1) Any transient public lodging establishment, as defined |
164 | in chapter 509 and used primarily for transient occupancy as |
165 | defined in s. 83.43(10), or any timeshare unit of a timeshare |
166 | plan as defined in chapters 718 and 721, which is of three |
167 | stories or more and for which the construction contract has been |
168 | let after September 30, 1983, with interior corridors which do |
169 | not have direct access from the guest area to exterior means of |
170 | egress and on buildings over 75 feet in height that have direct |
171 | access from the guest area to exterior means of egress and for |
172 | which the construction contract has been let after September 30, |
173 | 1983, shall be equipped with an automatic sprinkler system |
174 | installed in compliance with the current edition of the |
175 | applicable fire sprinkler standards adopted by the State Fire |
176 | Marshal. the provisions prescribed in the National Fire |
177 | Protection Association publication NFPA No. 13 (1985), |
178 | "Standards for the Installation of Sprinkler Systems." Each |
179 | guest room and each timeshare unit shall be equipped with an |
180 | approved listed single-station smoke detector meeting the |
181 | minimum requirements of NFPA 72, "National Fire Alarm Code," the |
182 | current edition adopted by the State Fire Marshal, 74 (1984) |
183 | "Standards for the Installation, Maintenance and Use of |
184 | Household Fire Warning Equipment," powered from the building |
185 | electrical service, notwithstanding the number of stories in the |
186 | structure, if the contract for construction is let after |
187 | September 30, 1983. Single-station smoke detectors shall not be |
188 | required when guest rooms or timeshare units contain smoke |
189 | detectors connected to a central alarm system which also alarms |
190 | locally. |
191 | Section 4. Section 633.02, Florida Statutes, is amended to |
192 | read: |
193 | 633.02 Agents; powers and duties; compensation.--The State |
194 | Fire Marshal shall appoint such agents as may be necessary to |
195 | carry out effectively the provisions of this chapter, who shall |
196 | be reimbursed for travel expenses as provided in s. 112.061, in |
197 | addition to their salary, when traveling or making |
198 | investigations in the performance of their duties. Such agents |
199 | shall be at all times under the direction and control of the |
200 | State Fire Marshal, who shall fix their compensation, and all |
201 | orders shall be issued in the State Fire Marshal's name and by |
202 | her or his authority. |
203 | Section 5. Paragraph (d) of subsection (5) and subsection |
204 | (9) of section 633.021, Florida Statutes, are amended to read: |
205 | 633.021 Definitions.--As used in this chapter: |
206 | (5) |
207 | (d) "Contractor IV" means a contractor whose business is |
208 | limited to the execution of contracts requiring the ability to |
209 | lay out, fabricate, install, inspect, alter, repair, and service |
210 | automatic fire sprinkler systems for occupancies protected |
211 | within the scope of NFPA 13D, the "Standard for the Installation |
212 | of Sprinkler Systems in One- and Two-Family Dwellings and |
213 | Manufactured Homes," detached one-family dwellings, detached |
214 | two-family dwellings, and mobile homes, excluding preengineered |
215 | systems and excluding single-family homes in cluster units, such |
216 | as apartments, condominiums, and assisted living facilities or |
217 | any building that is connected to other dwellings. |
218 |
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219 | The definitions in this subsection must not be construed to |
220 | include fire protection engineers or architects and do not limit |
221 | or prohibit a licensed fire protection engineer or architect |
222 | from designing any type of fire protection system. A distinction |
223 | is made between system design concepts prepared by the design |
224 | professional and system layout as defined in this section and |
225 | typically prepared by the contractor. However, persons certified |
226 | as a Contractor I, Contractor II, or Contractor IV under this |
227 | chapter may design fire protection systems of 49 or fewer |
228 | sprinklers, and may design the alteration of an existing fire |
229 | sprinkler system if the alteration consists of the relocation, |
230 | addition, or deletion of not more than 49 sprinklers, |
231 | notwithstanding the size of the existing fire sprinkler system. |
232 | A Contractor I, Contractor II, or Contractor IV may design a |
233 | fire protection system the scope of which complies with NFPA |
234 | 13D, Standard for the Installation of Sprinkler Systems in One- |
235 | and Two-Family Dwellings and Manufactured Homes, as adopted by |
236 | the State Fire Marshal, notwithstanding the number of fire |
237 | sprinklers. Contractor-developed plans may not be required by |
238 | any local permitting authority to be sealed by a registered |
239 | professional engineer. |
240 | (9) A "fire protection system" is a system individually |
241 | designed to protect the interior or exterior of a specific |
242 | building or buildings, structure, or other special hazard from |
243 | fire. Such systems include, but are not limited to, water |
244 | sprinkler systems, water spray systems, foam-water sprinkler |
245 | systems, foam-water spray systems, CO2 systems, foam |
246 | extinguishing systems, dry chemical systems, and Halon and other |
247 | chemical systems used for fire protection use. Such systems also |
248 | include any overhead and underground fire mains, fire hydrants |
249 | and hydrant mains, standpipes and hoses connected to sprinkler |
250 | systems, sprinkler tank heaters, air lines, thermal systems used |
251 | in connection with fire sprinkler systems, and tanks and pumps |
252 | connected to fire sprinkler systems. |
253 | Section 6. Subsection (11) is added to section 633.025, |
254 | Florida Statutes, to read: |
255 | 633.025 Minimum firesafety standards.-- |
256 | (11)(a) The plans for, and inspections of, manufactured |
257 | buildings may be completed at the point of manufacture as long |
258 | as the following requirements are met: |
259 | 1. The person reviewing the plans and inspecting the |
260 | manufactured or prototype building must be currently certified |
261 | as a firesafety inspector under s. 633.081(2); and |
262 | 2. The manufacturer's modular data plate, stating that the |
263 | building is in compliance with chapter 633 and the rules of the |
264 | department, has been affixed to the building. |
265 | (b) The local fire official shall recognize and approve |
266 | such manufactured building, subject to local fire code |
267 | amendments, acceptable performance testing of life safety |
268 | systems, and site conditions. The cost of any additional work |
269 | necessary to meet these requirements, if any, shall be borne by |
270 | the manufacturer. The department may adopt rules to administer |
271 | this subsection. |
272 | Section 7. Section 633.026, Florida Statutes, is amended |
273 | to read: |
274 | 633.026 Informal Interpretations of the Florida Fire |
275 | Prevention Code.-- |
276 | (1) It is the intent of the Legislature that the Florida |
277 | Fire Prevention Code be interpreted by fire officials and local |
278 | enforcement agencies in a manner that protects the public |
279 | safety, health, and welfare by ensuring uniform interpretations |
280 | of the Florida Fire Prevention Code throughout the state and by |
281 | providing processes for resolving disputes regarding those |
282 | interpretations that are just and expeditious. It is the intent |
283 | of the Legislature that the process provide for the expeditious |
284 | resolution of the issues presented and publication of the |
285 | resulting interpretation on the website of the Division of State |
286 | Fire Marshal. It is the intent of the Legislature that this |
287 | program be similar to the program established by the Florida |
288 | Building Commission in s. 553.775(3)(h). |
289 | (2)(a) The Division of State Fire Marshal shall by rule |
290 | establish a an informal process of rendering nonbinding |
291 | interpretations and binding interpretations of the Florida Fire |
292 | Prevention Code. The Division of State Fire Marshal may contract |
293 | with and refer interpretive issues to a nonprofit organization |
294 | that has experience in interpreting and enforcing the Florida |
295 | Fire Prevention Code. The Division of State Fire Marshal shall |
296 | immediately implement the process prior to the completion of |
297 | formal rulemaking. It is the intent of the Legislature that the |
298 | Division of State Fire Marshal establish create a Fire Code |
299 | Interpretation Committee composed of seven persons and seven |
300 | alternates equally representing each area of the state process |
301 | to refer questions to a small group of individuals certified |
302 | under s. 633.081(2), to which a party can pose questions |
303 | regarding the interpretation of code provisions of the Florida |
304 | Fire Prevention Code. |
305 | (b) Each of the designated seven members and seven |
306 | alternates of the Fire Code Interpretation Committee must be |
307 | certified as a fire safety inspector pursuant to the provisions |
308 | of s. 633.081(2), and must have a minimum of 5 years' experience |
309 | interpreting and enforcing provisions of the Florida Fire |
310 | Prevention Code and Life Safety Codes. Each member must be |
311 | accepted by the Division of State Fire Marshal as meeting these |
312 | requirements at least 30 days before participating in a review |
313 | of a nonbinding or binding interpretation. |
314 | (c) Each nonbinding interpretation of code must be |
315 | provided within 10 business days after receipt of a petition for |
316 | interpretation, and each binding interpretation of code must be |
317 | provided within 21 days after receipt of a petition for |
318 | interpretation. The time periods set forth in this paragraph may |
319 | be waived only upon the written consent of both parties. It is |
320 | the intent of the Legislature that the process provide for the |
321 | expeditious resolution of the issues presented and publication |
322 | of the resulting interpretation on the website of the Division |
323 | of State Fire Marshal. It is the intent of the Legislature that |
324 | this program be similar to the program established by the |
325 | Florida Building Commission in s. 553.775(3)(g). |
326 | (d)1. Nonbinding Such interpretations are shall be |
327 | advisory only and not binding nonbinding on the parties or the |
328 | State Fire Marshal. |
329 | 2. Binding interpretations are binding on the local fire |
330 | official and the owner or contractor named in the petition being |
331 | interpreted unless such interpretation is superseded by a |
332 | declaratory statement issued by the State Fire Marshal. |
333 | (3) In order to administer this section, the department |
334 | shall charge may adopt by rule and impose a fee of $150 for |
335 | nonbinding interpretations and a fee of $250 for binding |
336 | interpretations. The department may permit the fees to be paid |
337 | directly to the nonprofit organization selected in accordance |
338 | with subsection (2), with payment made directly to the third |
339 | party. The fee may not exceed $150 for each request for a review |
340 | or interpretation. |
341 | (4) Any party to the interpretation who is in disagreement |
342 | with the nonbinding interpretation or the binding interpretation |
343 | issued in accordance with this section may apply for a formal |
344 | interpretation from the department as provided in s. 633.01(6). |
345 | (5) Upon written application by an owner, contractor, or |
346 | fire official, the department shall issue or cause to be issued |
347 | a nonbinding interpretation or a binding interpretation of the |
348 | Florida Fire Prevention Code as prescribed in this subsection. |
349 | (a) The department shall adopt a form for the petition, |
350 | which shall be published on the State Fire Marshal's web site. |
351 | The form shall require, at a minimum: |
352 | 1. The name and address of the local fire official, |
353 | including the agency address of the county, municipality, or |
354 | special district. |
355 | 2. The name and address of the owner, the name and agency |
356 | address of the contractor, and the name and address of any |
357 | representative of the owner or contractor. |
358 | 3. A statement of the specific sections of the Florida |
359 | Fire Prevention Code which are being interpreted by the local |
360 | fire official. |
361 | 4. An explanation of how the petitioner's substantial |
362 | interests are being affected by the local interpretation of the |
363 | Florida Fire Prevention Code. |
364 | 5. A statement of the interpretation given to the specific |
365 | sections of the Florida Fire Prevention Code by the local fire |
366 | official. |
367 | 6. A statement of the interpretation the petitioner |
368 | contends should be given to the specific sections of the Florida |
369 | Fire Prevention Code and a statement supporting the petitioner's |
370 | interpretation. |
371 | 7. A statement from the local fire official with an |
372 | explanation of the disputed provisions included in the petition. |
373 | (b) The petitioner shall submit the petition to the local |
374 | fire official, who shall place the date of receipt on the |
375 | petition. The local fire official shall respond to the petition |
376 | in accordance with the form and shall return the petition |
377 | together with his or her response to the petitioner within 5 |
378 | business days. The petitioner may file the petition with the |
379 | department at any time after the local fire official provides a |
380 | response. If no response is provided by the local fire official, |
381 | the petitioner may file the petition with the department 10 days |
382 | after submission of the petition to the local fire official and |
383 | shall note that the local fire official did not respond. |
384 | (6) Upon receipt of a petition that meets the requirements |
385 | of paragraph (5)(a), the department shall immediately provide |
386 | copies of the petition to the Fire Code Interpretation Committee |
387 | and publish the petition and any response submitted by the local |
388 | fire official on the State Fire Marshal's web site. |
389 | (7) The Fire Code Interpretation Committee shall conduct |
390 | proceedings as necessary to resolve the issues and shall give |
391 | due regard to the petition, the facts of the matter, specific |
392 | code sections cited, and any statutory implications affecting |
393 | the Florida Fire Prevention Code. The committee shall issue an |
394 | interpretation regarding the provisions of the Florida Fire |
395 | Prevention Code within 10 days after the filing of a petition |
396 | for a nonbinding interpretation and within 21 days after the |
397 | filing of a petition for a binding interpretation. The committee |
398 | shall render a determination based upon the Florida Fire |
399 | Prevention Code or, if the code is ambiguous, the intent of the |
400 | code. The committee's interpretation shall be provided to the |
401 | owner, contractor, and fire official and the interpretation |
402 | shall include a notice that if the owner, contractor, or fire |
403 | official disagrees with the interpretation, the owner, |
404 | contractor, or fire official may file for a formal |
405 | interpretation by the department under s. 633.01(6). The |
406 | committee's interpretation shall be provided to the department, |
407 | which shall publish the interpretation on the State Fire |
408 | Marshal's web site and in the Florida Administrative Weekly. |
409 | (8) Local decisions declaring structures to be unsafe and |
410 | subject to repair or demolition are not subject to review under |
411 | this section and may not be appealed to the department if the |
412 | local governing body finds that there is an immediate danger to |
413 | the health and safety of the public. |
414 | Section 8. Section 633.03, Florida Statutes, is amended to |
415 | read: |
416 | 633.03 Investigation of fires and explosions fire; |
417 | reports.--The State Fire Marshal shall investigate the cause, |
418 | origin, and circumstances of every fire or explosion occurring |
419 | in this state wherein the State Fire Marshal deems an |
420 | investigation is necessary and property has been damaged or |
421 | destroyed where there is probable cause to believe that the fire |
422 | or explosion was the result of carelessness or design. Report of |
423 | all such investigations shall be made on approved forms to be |
424 | furnished by the State Fire Marshal. |
425 | Section 9. Subsections (1) and (2) and paragraph (a) of |
426 | subsection (3) of section 633.061, Florida Statutes, are amended |
427 | to read: |
428 | 633.061 Fire suppression equipment; license to install or |
429 | maintain.-- |
430 | (1) It is unlawful for any organization or individual to |
431 | engage in the business of servicing, repairing, recharging, |
432 | testing, marking, inspecting, installing, or hydrotesting any |
433 | fire extinguisher or preengineered system in this state except |
434 | in conformity with the provisions of this chapter. Each |
435 | organization or individual that engages in such activity must |
436 | possess a valid and subsisting license issued by the State Fire |
437 | Marshal. All fire extinguishers and preengineered systems |
438 | required by statute or by rule must be serviced by an |
439 | organization or individual licensed under the provisions of this |
440 | chapter. A licensee who receives appropriate training shall not |
441 | be prohibited by a manufacturer from servicing any particular |
442 | brand of fire extinguisher or preengineered system. The licensee |
443 | is legally qualified to act for the business organization in all |
444 | matters connected with its business, and the licensee must |
445 | supervise all activities undertaken by such business |
446 | organization. Each licensee shall maintain a specific business |
447 | location. A further requirement, in the case of multiple |
448 | locations where such servicing or recharging is taking place, is |
449 | that each licensee who maintains more than one place of business |
450 | where actual work is carried on must possess an additional |
451 | license, as set forth in this section, for each location, except |
452 | that a licensed individual may not qualify for more than five |
453 | locations. A licensee is limited to a specific type of work |
454 | performed depending upon the class of license held. Licenses and |
455 | license fees are required for the following: |
456 | (a) Class A....$250 |
457 | To service, recharge, repair, install, or inspect all types of |
458 | fire extinguishers and to conduct hydrostatic tests on all types |
459 | of fire extinguishers. |
460 | (b) Class B....$150 |
461 | To service, recharge, repair, install, or inspect all types of |
462 | fire extinguishers, including recharging carbon dioxide units |
463 | and conducting hydrostatic tests on all types of fire |
464 | extinguishers, except carbon dioxide units. |
465 | (c) Class C....$150 |
466 | To service, recharge, repair, install, or inspect all types of |
467 | fire extinguishers, except recharging carbon dioxide units, and |
468 | to conduct hydrostatic tests on all types of fire extinguishers, |
469 | except carbon dioxide units. |
470 | (d) Class D....$200 |
471 | To service, repair, recharge, hydrotest, install, or inspect all |
472 | types of preengineered fire extinguishing systems. |
473 | (e) Licenses issued as duplicates or to reflect a change |
474 | of address....$10 |
475 |
|
476 | Any fire equipment dealer licensed pursuant to this subsection |
477 | who does not want to engage in the business of servicing, |
478 | inspecting, recharging, repairing, hydrotesting, or installing |
479 | clean agent halon equipment must file an affidavit on a form |
480 | provided by the division so stating. Licenses will be issued by |
481 | the division to reflect the work authorized thereunder. It is |
482 | unlawful, unlicensed activity for any person or firm to falsely |
483 | hold himself or herself or a business organization out to |
484 | perform any service, inspection, recharge, repair, hydrotest, or |
485 | installation except as specifically described in the license. |
486 | (2) Each individual actually performing the work of |
487 | servicing, recharging, repairing, hydrotesting, installing, |
488 | testing, or inspecting fire extinguishers or preengineered |
489 | systems must possess a valid and subsisting permit issued by the |
490 | State Fire Marshal. Permittees are limited as to specific type |
491 | of work performed to allow work no more extensive than the class |
492 | of license held by the licensee under whom the permittee is |
493 | working. Permits will be issued by the division and the fees |
494 | required are as follows: |
495 | (a) Portable permit....$90 |
496 | "Portable permittee" means a person who is limited to performing |
497 | work no more extensive than the employing licensee in the |
498 | servicing, recharging, repairing, installing, or inspecting all |
499 | types of portable fire extinguishers. |
500 | (b) Preengineered permit....$120 |
501 | "Preengineered permittee" means a person who is limited to the |
502 | servicing, recharging, repairing, installing, or inspecting of |
503 | all types of preengineered fire extinguishing systems. |
504 | (c) Permits issued as duplicates or to reflect a change of |
505 | address....$10 |
506 |
|
507 | Any fire equipment permittee licensed pursuant to this |
508 | subsection who does not want to engage in servicing, inspecting, |
509 | recharging, repairing, hydrotesting, or installing clean agent |
510 | halon equipment must file an affidavit on a form provided by the |
511 | division so stating. Permits will be issued by the division to |
512 | reflect the work authorized thereunder. It is unlawful, |
513 | unlicensed activity for any person or firm to falsely hold |
514 | himself or herself out to perform any service, inspection, |
515 | recharge, repair, hydrotest, or installation except as |
516 | specifically described in the permit. |
517 | (3)(a) Such licenses and permits shall be issued by the |
518 | State Fire Marshal for 2 years beginning January 1, 2000, and |
519 | each 2-year period thereafter and expiring December 31 of the |
520 | second year. All licenses or permits issued will expire on |
521 | December 31 of each odd-numbered year. The failure to renew a |
522 | license or permit by December 31 of the second year will cause |
523 | the license or permit to become inoperative. The holder of an |
524 | inoperative license or permit shall not engage in any activities |
525 | for which a license or permit is required by this section. A |
526 | license or permit which is inoperative because of the failure to |
527 | renew it shall be restored upon payment of the applicable fee |
528 | plus a penalty equal to the applicable fee, if the application |
529 | for renewal is filed no later than the following March 31. If |
530 | the application for restoration is not made before the March |
531 | 31st deadline, the fee for restoration shall be equal to the |
532 | original application fee and the penalty provided for herein, |
533 | and, in addition, the State Fire Marshal shall require |
534 | reexamination of the applicant. The fee for a license or permit |
535 | issued for 1 year or less shall be prorated at 50 percent of the |
536 | applicable fee for a biennial license or permit. Following the |
537 | initial licensure, each licensee or permittee shall successfully |
538 | complete a course or courses of continuing education for fire |
539 | equipment technicians of at least 16 32 hours. A license or |
540 | permit may not be renewed unless the licensee or permittee |
541 | produces documentation of the completion of at least 16 hours of |
542 | continuing education for fire equipment technicians during the |
543 | biennial licensure period within 4 years of initial issuance of |
544 | a license or permit and within each 4-year period thereafter or |
545 | no such license or permit shall be renewed. A person who is both |
546 | a licensee and a permittee shall be required to complete a total |
547 | of 16 32 hours of continuing education during each renewal per |
548 | 4-year period. Each licensee shall ensure that all permittees in |
549 | his or her employment meet their continuing education |
550 | requirements. The State Fire Marshal shall adopt rules |
551 | describing the continuing education requirements and shall have |
552 | the authority upon reasonable belief, to audit a fire equipment |
553 | dealer to determine compliance with continuing education |
554 | requirements. |
555 | Section 10. Subsection (3) of section 633.071, Florida |
556 | Statutes, is amended to read: |
557 | 633.071 Standard service tag required on all fire |
558 | extinguishers and preengineered systems; serial number required |
559 | on all portable fire extinguishers; standard inspection tags |
560 | required on all fire protection systems.-- |
561 | (3) The State Fire Marshal shall adopt by rule |
562 | specifications as to the size, shape, color, information, and |
563 | data contained thereon of inspection tags to be attached to all |
564 | types of fire protection systems and information required on an |
565 | inspection report of such an inspection. The State Fire Marshal |
566 | may adopt by rule standards for the attachment and placement of |
567 | fire protection system inspection tags. |
568 | Section 11. Section 633.081, Florida Statutes, is amended |
569 | to read: |
570 | 633.081 Inspection of buildings and equipment; orders; |
571 | firesafety inspection training requirements; certification; |
572 | disciplinary action.--The State Fire Marshal and her or his |
573 | agents may shall, at any reasonable hour, when the department |
574 | has reasonable cause to believe that a violation of this chapter |
575 | or s. 509.215, or a rule promulgated thereunder, or a minimum |
576 | firesafety code adopted by the State Fire Marshal or a local |
577 | authority, may exist, inspect any and all buildings and |
578 | structures which are subject to the requirements of this chapter |
579 | or s. 509.215 and rules promulgated thereunder. The authority to |
580 | inspect shall extend to all equipment, vehicles, and chemicals |
581 | which are located on or within the premises of any such building |
582 | or structure. |
583 | (1) Each county, municipality, and special district that |
584 | has firesafety enforcement responsibilities shall employ or |
585 | contract with a firesafety inspector. The firesafety inspector |
586 | must conduct all firesafety inspections that are required by |
587 | law, except as provided by s. 633.082(2)(b). The governing body |
588 | of a county, municipality, or special district that has |
589 | firesafety enforcement responsibilities may provide a schedule |
590 | of fees to pay only the costs of inspections conducted pursuant |
591 | to this subsection and related administrative expenses. Two or |
592 | more counties, municipalities, or special districts that have |
593 | firesafety enforcement responsibilities may jointly employ or |
594 | contract with a firesafety inspector. |
595 | (2) Except as provided by s. 633.082(2)(b), every |
596 | firesafety inspection conducted pursuant to state or local |
597 | firesafety requirements shall be by a person certified as having |
598 | met the inspection training requirements set by the State Fire |
599 | Marshal. Such person shall: |
600 | (a) Be a high school graduate or the equivalent as |
601 | determined by the department; |
602 | (b) Not have been found guilty of, or having pleaded |
603 | guilty or nolo contendere to, a felony or a crime punishable by |
604 | imprisonment of 1 year or more under the law of the United |
605 | States, or of any state thereof, which involves moral turpitude, |
606 | without regard to whether a judgment of conviction has been |
607 | entered by the court having jurisdiction of such cases; |
608 | (c) Have her or his fingerprints on file with the |
609 | department or with an agency designated by the department; |
610 | (d) Have good moral character as determined by the |
611 | department; |
612 | (e) Be at least 18 years of age; |
613 | (f) Have satisfactorily completed the firesafety inspector |
614 | certification examination as prescribed by the department; and |
615 | (g)1. Have satisfactorily completed, as determined by the |
616 | department, a firesafety inspector training program of not less |
617 | than 200 hours established by the department and administered by |
618 | agencies and institutions approved by the department for the |
619 | purpose of providing basic certification training for firesafety |
620 | inspectors; or |
621 | 2. Have received in another state training which is |
622 | determined by the department to be at least equivalent to that |
623 | required by the department for approved firesafety inspector |
624 | education and training programs in this state. |
625 | (3)(a)1. Effective July 1, 2011, the classification of |
626 | special state firesafety inspector is abolished and all special |
627 | state firesafety inspector certifications expire at midnight |
628 | June 30, 2011. |
629 | 2. Any person who is a special state firesafety inspector |
630 | on June 30, 2011, and who has failed to comply with paragraph |
631 | (b) or paragraph (c) is not permitted to perform any firesafety |
632 | inspection required by law. |
633 | 3. A special state firesafety inspector certification may |
634 | not be awarded after June 30, 2009. |
635 | (b)1. Any person who is a special state firesafety |
636 | inspector on July 1, 2009, and who has at least 5 years of |
637 | experience as a special state firesafety inspector as of July 1, |
638 | 2009, may take the same firesafety inspection examination as |
639 | provided in paragraph (2)(f) for firesafety inspectors before |
640 | July 1, 2011, to be certified as a firesafety inspector |
641 | described in subsection (2). |
642 | 2. Upon passing the examination, the person shall be |
643 | certified as a firesafety inspector as provided in subsection |
644 | (2). |
645 | 3. Failure to obtain certification requires compliance |
646 | with paragraph (c) to be certified as a firesafety inspector as |
647 | provided in subsection (2). |
648 | (c)1. To be certified as a firesafety inspector as |
649 | provided in subsection (2), any person who: |
650 | a. Is a special state firesafety inspector on July 1, |
651 | 2009, and who does not have 5 years of experience as a special |
652 | state firesafety inspector as of July 1, 2009; or |
653 | b. Has 5 years of experience as a special state firesafety |
654 | inspector but has failed the examination taken pursuant to |
655 | paragraph (b), |
656 | |
657 | must take an additional 80 hours of the courses described in |
658 | paragraph (2)(g). |
659 | 2. After successfully completing the courses described in |
660 | this paragraph, such person is permitted to take the firesafety |
661 | inspection examination described in paragraph (2)(f), if such |
662 | examination is taken before July 1, 2011. |
663 | 3. Upon passing the examination, the person is certified |
664 | as a firesafety inspector as provided in subsection (2). |
665 | 4. A person who fails the course of study or the |
666 | examination described in this paragraph may not perform any |
667 | firesafety inspection required by law on or after July 1, 2011 |
668 | Each special state firesafety inspection which is required by |
669 | law and is conducted by or on behalf of an agency of the state |
670 | must be performed by an individual who has met the provision of |
671 | subsection (2), except that the duration of the training program |
672 | shall not exceed 120 hours of specific training for the type of |
673 | property that such special state firesafety inspectors are |
674 | assigned to inspect. |
675 | (4) A firefighter certified pursuant to s. 633.35 may |
676 | conduct firesafety inspections, under the supervision of a |
677 | certified firesafety inspector, while on duty as a member of a |
678 | fire department company conducting inservice firesafety |
679 | inspections without being certified as a firesafety inspector, |
680 | if such firefighter has satisfactorily completed an inservice |
681 | fire department company inspector training program of at least |
682 | 24 hours' duration as provided by rule of the department. |
683 | (5) Every firesafety inspector or special state firesafety |
684 | inspector certificate is valid for a period of 3 years from the |
685 | date of issuance. Renewal of certification shall be subject to |
686 | the affected person's completing proper application for renewal |
687 | and meeting all of the requirements for renewal as established |
688 | under this chapter or by rule adopted promulgated thereunder, |
689 | which shall include completion of at least 40 hours during the |
690 | preceding 3-year period of continuing education as required by |
691 | the rule of the department or, in lieu thereof, successful |
692 | passage of an examination as established by the department. |
693 | (6) The State Fire Marshal may deny, refuse to renew, |
694 | suspend, or revoke the certificate of a firesafety inspector or |
695 | special state firesafety inspector if it finds that any of the |
696 | following grounds exist: |
697 | (a) Any cause for which issuance of a certificate could |
698 | have been refused had it then existed and been known to the |
699 | State Fire Marshal. |
700 | (b) Violation of this chapter or any rule or order of the |
701 | State Fire Marshal. |
702 | (c) Falsification of records relating to the certificate. |
703 | (d) Having been found guilty of or having pleaded guilty |
704 | or nolo contendere to a felony, whether or not a judgment of |
705 | conviction has been entered. |
706 | (e) Failure to meet any of the renewal requirements. |
707 | (f) Having been convicted of a crime in any jurisdiction |
708 | which directly relates to the practice of fire code inspection, |
709 | plan review, or administration. |
710 | (g) Making or filing a report or record that the |
711 | certificateholder knows to be false, or knowingly inducing |
712 | another to file a false report or record, or knowingly failing |
713 | to file a report or record required by state or local law, or |
714 | knowingly impeding or obstructing such filing, or knowingly |
715 | inducing another person to impede or obstruct such filing. |
716 | (h) Failing to properly enforce applicable fire codes or |
717 | permit requirements within this state which the |
718 | certificateholder knows are applicable by committing willful |
719 | misconduct, gross negligence, gross misconduct, repeated |
720 | negligence, or negligence resulting in a significant danger to |
721 | life or property. |
722 | (i) Accepting labor, services, or materials at no charge |
723 | or at a noncompetitive rate from any person who performs work |
724 | that is under the enforcement authority of the certificateholder |
725 | and who is not an immediate family member of the |
726 | certificateholder. For the purpose of this paragraph, the term |
727 | "immediate family member" means a spouse, child, parent, |
728 | sibling, grandparent, aunt, uncle, or first cousin of the person |
729 | or the person's spouse or any person who resides in the primary |
730 | residence of the certificateholder. |
731 | (7) The department shall provide by rule for the |
732 | certification of firesafety inspectors. |
733 | (8) The State Fire Marshal may develop by rule an advanced |
734 | training and certification program for firesafety inspectors |
735 | with fire code management responsibility. This program shall be |
736 | consistent with national standards. The program shall establish |
737 | minimum training, education, and experience levels for fire |
738 | safety inspectors with fire code management responsibilities. |
739 | (9) The Division of State Fire Marshal may enter into a |
740 | reciprocity agreement with the Florida Building Code |
741 | Administrators and Inspectors Board, established pursuant to s. |
742 | 468.605, to facilitate joint recognition of continuing education |
743 | recertification hours for certificateholders licensed in |
744 | accordance with s. 468.609 and firesafety inspectors certified |
745 | in accordance with subsection (2). |
746 | Section 12. Subsection (2) of section 633.082, Florida |
747 | Statutes, is amended, and subsection (6) is added to that |
748 | section, to read: |
749 | 633.082 Inspection of fire control systems, fire hydrants, |
750 | and fire protection systems.-- |
751 | (2) Fire hydrants and fire protection systems installed in |
752 | public and private properties, except one-family or two-family |
753 | dwellings, in this state shall be inspected following procedures |
754 | established in the nationally recognized inspection, testing, |
755 | and maintenance standards NFPA-24 and NFPA-25 as set forth in |
756 | the edition adopted by the State Fire Marshal. |
757 | (a) All alarm systems shall be serviced, tested, repaired, |
758 | inspected, and improved in compliance with the provisions of the |
759 | applicable standards of the National Fire Protection Association |
760 | adopted by the State Fire Marshal pursuant to authority |
761 | specified in ss. 633.071 and 633.701. |
762 | (b) Fire hydrants owned by public governmental entities |
763 | shall be inspected following procedures established in the |
764 | nationally recognized inspection, testing, and maintenance |
765 | standards NFPA-24 and NFPA-25 as set forth in the edition |
766 | adopted by the State Fire Marshal. County, municipal, and |
767 | special district utilities may comply with this section with |
768 | designated employees notwithstanding the requirements of s. |
769 | 633.081. However, private contractors must be licensed pursuant |
770 | to this chapter. |
771 | (c) Fire protection systems installed in public and |
772 | private properties, and private hydrants that are attached to |
773 | and an integral part of the fire protection system, shall be |
774 | inspected following procedures established in the nationally |
775 | recognized inspection, testing, and maintenance standards |
776 | adopted by the State Fire Marshal. Quarterly, annual, 3-year, |
777 | and 5-year inspections consistent with the contractual |
778 | provisions with the owner shall be conducted by the |
779 | certificateholder or permittees employed by the |
780 | certificateholder pursuant to s. 633.521. |
781 | (6) Fire sprinklers that have been listed by the |
782 | manufacturer or a government entity as recalled or to be |
783 | replaced must be replaced. It is the obligation of the owner to |
784 | determine replacement cost recovery from the manufacturer. |
785 | Section 13. Paragraph (a) of subsection (1) and |
786 | subsections (2), (3), and (4) of section 633.085, Florida |
787 | Statutes, are amended to read: |
788 | 633.085 Inspections of state buildings and premises; tests |
789 | of firesafety equipment; building plans to be approved.-- |
790 | (1)(a) It is the duty of the State Fire Marshal and her or |
791 | his agents to inspect, or cause to be inspected, each state- |
792 | owned building and each building located on land owned by the |
793 | state and used primarily for state purposes as determined by the |
794 | State Fire Marshal, such buildings to be referred to in this |
795 | section as a state-owned building or state-owned buildings, on a |
796 | recurring basis established by rule, and to ensure that high- |
797 | hazard occupancies are inspected at least annually, for the |
798 | purpose of ascertaining and causing to be corrected any |
799 | conditions liable to cause fire or endanger life from fire and |
800 | any violation of the firesafety standards for state-owned |
801 | buildings, the provisions of this chapter, or the rules or |
802 | regulations adopted and promulgated pursuant hereto. The State |
803 | Fire Marshal shall, within 7 days following an inspection, |
804 | submit a report of such inspection to the head of the department |
805 | of state government responsible for the building. |
806 | (2) The State Fire Marshal and her or his agents may shall |
807 | conduct performance tests on any electronic fire warning and |
808 | smoke detection system, and any pressurized air-handling unit, |
809 | in any state-owned building or state-leased space on a recurring |
810 | basis as provided in subsection (1). The State Fire Marshal and |
811 | her or his agents shall also ensure that fire drills are |
812 | conducted in all high-hazard state-owned buildings or high- |
813 | hazard state-leased high-hazard occupancies at least annually. |
814 | (3) All construction of any new, or renovation, |
815 | alteration, or change of occupancy of any existing, state-owned |
816 | building or state-leased space shall comply with the uniform |
817 | firesafety standards of the State Fire Marshal. |
818 | (a) For all new construction or renovation, alteration, or |
819 | change of occupancy of state-leased space, compliance with the |
820 | uniform firesafety standards shall be determined by reviewing |
821 | the plans for the proposed construction or occupancy submitted |
822 | by the lessor to the Division of State Fire Marshal for review |
823 | and approval prior to commencement of construction or occupancy, |
824 | which review shall be completed within 10 working days after |
825 | receipt of the plans by the Division of State Fire Marshal. |
826 | (b) The plans for all construction of any new, or |
827 | renovation or alteration of any existing, state-owned building |
828 | are subject to the review and approval of the Division of State |
829 | Fire Marshal for compliance with the uniform firesafety |
830 | standards prior to commencement of construction or change of |
831 | occupancy, which review shall be completed within 30 calendar |
832 | days of receipt of the plans by the Division of State Fire |
833 | Marshal. |
834 | (4) The Division of State Fire Marshal may inspect state- |
835 | owned buildings and space and state-leased space as necessary |
836 | prior to occupancy or during construction, renovation, or |
837 | alteration to ascertain compliance with the uniform firesafety |
838 | standards. Whenever the Division of State Fire Marshal |
839 | determines by virtue of such inspection or by review of plans |
840 | that construction, renovation, or alteration of state-owned |
841 | buildings and state-leased space is not in compliance with the |
842 | uniform firesafety standards, the Division of State Fire Marshal |
843 | shall issue an order to cease construction, renovation, or |
844 | alteration, or to preclude occupancy, of a building until |
845 | compliance is obtained, except for those activities required to |
846 | achieve such compliance. |
847 | Section 14. Section 633.101, Florida Statutes, is amended |
848 | to read: |
849 | 633.101 Hearings; investigations; investigatory powers of |
850 | State Fire Marshal; costs of service and witness fees.-- |
851 | (1) The State Fire Marshal may in his or her discretion |
852 | take or cause to be taken the testimony on oath of all persons |
853 | whom he or she believes to be cognizant of any facts in relation |
854 | to matters under investigation. The State Fire Marshal may |
855 | administer oaths and affirmations, compel the attendance of |
856 | witnesses or proffering of matter, and collect evidence. |
857 | (2) If the State Fire Marshal seeks to obtain by request |
858 | any matter that, or the testimony of any person who, is located |
859 | outside the state, the person requested shall provide the |
860 | testimony to the State Fire Marshal or make the matter available |
861 | to the State Fire Marshal to examine at the place where the |
862 | matter is located. The State Fire Marshal may designate |
863 | representatives, including officials of the state in which the |
864 | matter is located, to inspect the matter on behalf of the State |
865 | Fire Marshal, and the State Fire Marshal may respond to similar |
866 | requests from officials of other states. If the State Fire |
867 | Marshal shall be of the opinion that there is sufficient |
868 | evidence to charge any person with an offense, he or she shall |
869 | cause the arrest of such person and shall furnish to the |
870 | prosecuting officer of any court having jurisdiction of said |
871 | offense all information obtained by him or her, including a copy |
872 | of all pertinent and material testimony taken, together with the |
873 | names and addresses of all witnesses. In the conduct of such |
874 | investigations, the fire marshal may request such assistance as |
875 | may reasonably be given by such prosecuting officers and other |
876 | local officials. |
877 | (3)(a) The State Fire Marshal may request that an |
878 | individual who refuses to comply with any request made under |
879 | subsection (2) be ordered by the circuit court to provide the |
880 | testimony or matter. The court may not order such compliance |
881 | unless the State Fire Marshal has demonstrated to the |
882 | satisfaction of the court that the testimony of the witness or |
883 | the matter under request has a direct bearing on matter under |
884 | the jurisdiction of the State Fire Marshal, constitutes a felony |
885 | or misdemeanor under the laws of this state, or is pertinent and |
886 | necessary to further such investigation. |
887 | (b) Except in a prosecution for perjury, an individual who |
888 | complies with a court order to provide testimony or matter after |
889 | asserting a privilege against self-incrimination to which the |
890 | individual is entitled by law may not be subjected to a criminal |
891 | proceeding or to a civil penalty with respect to the act |
892 | concerning that which the individual is required to testify or |
893 | produce relevant matter. |
894 | (c) In the absence of fraud or bad faith, a person is not |
895 | subject to civil liability for libel, slander, or any other |
896 | relevant tort by virtue of filing reports, without malice, or |
897 | furnishing other information, without malice, required by this |
898 | chapter or required by the State Fire Marshal under the |
899 | authority granted in this chapter, and no civil cause of action |
900 | of any nature shall arise against such person for: |
901 | 1. Any information relating to a matter under the |
902 | jurisdiction of the State Fire Marshal, suspected violations of |
903 | the laws of this state, or persons suspected of engaging in such |
904 | acts furnished to or received from law enforcement officials or |
905 | their agents or employees; |
906 | 2. Any information relating to any matter under the |
907 | jurisdiction of the State Fire Marshal, suspected violations of |
908 | the laws of this state, or persons suspected of engaging in such |
909 | acts furnished to or received from other persons subject to the |
910 | provisions of this chapter; |
911 | 3. Any information furnished in reports to the State Fire |
912 | Marshal or any local, state, or federal enforcement officials or |
913 | their agents or employees; or |
914 | 4. Other actions taken in cooperation with any of the |
915 | agencies or individuals specified in this paragraph in the |
916 | lawful investigation of violations under the jurisdiction of the |
917 | State Fire Marshal or suspected violations of the laws of this |
918 | state. |
919 | (d) In addition to the immunity granted in paragraph (c), |
920 | persons identified as employees of or consultants to insurers |
921 | whose responsibilities include the investigation and disposition |
922 | of violations under the jurisdiction of the State Fire Marshal |
923 | or the laws of this state and claims relating to suspected |
924 | fraudulent insurance acts may share information relating to |
925 | persons suspected of such acts with other employees or |
926 | consultants employed by the same or other insurers whose |
927 | responsibilities include such acts. Unless the employees of or |
928 | consultants to the insurer act in bad faith or in reckless |
929 | disregard for the rights of any insured, the insurer or its |
930 | designated employees are not civilly liable for libel, slander, |
931 | or any other relevant tort, and a civil action does not arise |
932 | against the insurer or its designated employees for: |
933 | 1. Any information related to any matter under the |
934 | jurisdiction of the State Fire Marshal or suspected violations |
935 | of the laws of this state; or |
936 | 2. Any information relating to any matter under the |
937 | jurisdiction of the State Fire Marshal or violations of the laws |
938 | of this state provided to the National Insurance Crime Bureau or |
939 | the National Association of Insurance Commissioners. |
940 |
|
941 | However, the qualified immunity against civil liability |
942 | conferred on any insurer or its employees and consultants shall |
943 | be forfeited with respect to the exchange or publication of any |
944 | defamatory information with third persons not expressly |
945 | authorized by this paragraph to share in such information. |
946 | (e) This section does not abrogate or modify in any way |
947 | any common-law or statutory privilege or immunity otherwise |
948 | enjoyed by any person. |
949 | (f) For the purpose of this section, the term "consultant" |
950 | means any individual or entity, or employee of the individual or |
951 | entity, retained by an insurer to assist in the investigation of |
952 | a fire, explosion, or suspected fraudulent insurance act. |
953 | (3) The fire marshal may summon and compel the attendance |
954 | of witnesses before him or her to testify in relation to any |
955 | manner which is, by the provisions of this chapter, a subject of |
956 | inquiry and investigation, and he or she may require the |
957 | production of any book, paper or document deemed pertinent |
958 | thereto by him or her, and may seize furniture and other |
959 | personal property to be held for evidence. |
960 | (4) Papers, documents, reports, or evidence relative to |
961 | the subject of an investigation under this section are not |
962 | subject to discovery until the investigation is completed or |
963 | ceases to be active. Agents of the State Fire Marshal are not |
964 | subject to subpoena in civil actions by any court of this state |
965 | to testify concerning any matter of which they have knowledge |
966 | pursuant to a pending investigation by the State Fire Marshal. |
967 | All persons so summoned and so testifying shall be entitled to |
968 | the same witness fees and mileage as provided for witnesses |
969 | testifying in the circuit courts of this state, and officers |
970 | serving subpoenas or orders of the fire marshal shall be paid in |
971 | like manner for like services in such courts, from the funds |
972 | herein provided. |
973 | (5) Any person, other than an insurer, agent, or other |
974 | person licensed under the Florida Insurance Code, or an employee |
975 | of such licensee, having knowledge or a belief that a crime |
976 | involving arson, a destructive device, an illegal possession of |
977 | explosives, a fraudulent insurance act, or any other act or |
978 | practice which, upon conviction, constitutes a felony or a |
979 | misdemeanor under the laws of this state is being or has been |
980 | committed may submit to the State Fire Marshal a report or |
981 | information pertinent to such knowledge or belief and such |
982 | additional information relative to such knowledge or belief as |
983 | the State Fire Marshal may request. Any insurer, agent, or other |
984 | person licensed under the Florida Insurance Code, or an employee |
985 | of such licensee, having knowledge or a belief that a crime |
986 | involving arson, a destructive device, an illegal possession of |
987 | explosives, or any other act or practice which, upon conviction, |
988 | constitutes a felony or a misdemeanor under this chapter or s. |
989 | 817.233, is being or has been committed, shall notify the State |
990 | Fire Marshal and shall furnish the State Fire Marshal with all |
991 | material acquired by the company during the course of its |
992 | investigation. The State Fire Marshal may adopt rules |
993 | implementing this subsection. The State Fire Marshal shall |
994 | review such information or reports and select such information |
995 | or reports as, in his or her judgment, may require further |
996 | investigation. The State Fire Marshal shall then cause an |
997 | independent examination of the facts surrounding such |
998 | information or report to be made to determine the extent, if |
999 | any, to which a crime involving arson, a destructive device, |
1000 | illegal possession of explosives, or a fraudulent insurance act, |
1001 | or any other act or practice that, upon conviction, constitutes |
1002 | a felony or a misdemeanor under the laws of this state is being |
1003 | or has been committed. The State Fire Marshal shall report any |
1004 | alleged violations of law which his or her investigations reveal |
1005 | to the appropriate licensing agency and state attorney or other |
1006 | prosecuting agency having jurisdiction with respect to any such |
1007 | violation. |
1008 | (6) It is unlawful for any person to resist an arrest by |
1009 | an agent of the State Fire Marshal authorized by this section or |
1010 | in any manner to interfere, by abetting or assisting such |
1011 | resistance or otherwise interfering, with any Division of State |
1012 | Fire Marshal investigator in the duties imposed upon such agent |
1013 | or investigator by law or department rule. |
1014 | Section 15. Section 633.121, Florida Statutes, is amended |
1015 | to read: |
1016 | 633.121 Persons authorized to enforce laws and rules of |
1017 | State Fire Marshal.--The chiefs of county, municipal, and |
1018 | special-district fire departments; other fire department |
1019 | personnel designated by their respective chiefs; and personnel |
1020 | designated by local governments having no organized fire |
1021 | departments; and all law enforcement officers in the state duly |
1022 | certified under chapter 943 and acting upon the request of the |
1023 | State Fire Marshal or a chief of a county, municipal, or special |
1024 | district fire department may are authorized to enforce this |
1025 | chapter law and all rules adopted prescribed by the State Fire |
1026 | Marshal within their respective jurisdictions. Such personnel |
1027 | acting under the authority of this section shall be deemed to be |
1028 | agents of their respective jurisdictions, not agents of the |
1029 | State Fire Marshal. |
1030 | Section 16. Section 633.13, Florida Statutes, is amended |
1031 | to read: |
1032 | 633.13 State Fire Marshal; authority of agents.--The |
1033 | authority given the State Fire Marshal under this chapter or any |
1034 | rule or order adopted by the State Fire Marshal law may be |
1035 | exercised by his or her agents, either individually or in |
1036 | conjunction with any other state or local official charged with |
1037 | similar responsibilities. |
1038 | Section 17. Section 633.14, Florida Statutes, is amended |
1039 | to read: |
1040 | 633.14 Agents; powers to make arrests, conduct searches |
1041 | and seizures, serve summonses, and carry firearms.--Agents or |
1042 | investigators of the State Fire Marshal have the power to make |
1043 | arrests for criminal violations established as a result of |
1044 | investigations. Such agents or investigators shall also be |
1045 | considered state law enforcement officers for all purposes and |
1046 | shall have the power to execute arrest warrants and search |
1047 | warrants; to serve subpoenas issued for the examination, |
1048 | investigation, and trial of all offenses; and to arrest upon |
1049 | probable cause, without warrant, any person violating any |
1050 | provision of the laws of this state. Agents or investigators |
1051 | empowered to make arrests under this section may bear arms in |
1052 | the performance of their duties. In such a situation, the |
1053 | investigator must be certified in compliance with the provisions |
1054 | of s. 943.1395 or must meet the temporary employment or |
1055 | appointment exemption requirements of s. 943.131 until certified |
1056 | shall have the same authority to serve summonses, make arrests, |
1057 | carry firearms, and make searches and seizures, as the sheriff |
1058 | or her or his deputies, in the respective counties where such |
1059 | investigations, hearings, or inspections may be held; and |
1060 | affidavits necessary to authorize any such arrests, searches, or |
1061 | seizures may be made before any trial court judge having |
1062 | authority under the law to issue appropriate processes. |
1063 | Section 18. Subsections (1) and (3) of section 633.161, |
1064 | Florida Statutes, are amended to read: |
1065 | 633.161 Violations; orders to cease and desist, correct |
1066 | hazardous conditions, preclude occupancy, or vacate; |
1067 | enforcement; penalties.-- |
1068 | (1) If it is determined by the department that a violation |
1069 | specified in this subsection exists, the State Fire Marshal or |
1070 | her or his agent deputy may issue and deliver to the person |
1071 | committing the violation an order to cease and desist from such |
1072 | violation, to correct any hazardous condition, to preclude |
1073 | occupancy of the affected building or structure, or to vacate |
1074 | the premises of the affected building or structure. Such |
1075 | violations consist of are: |
1076 | (a) Except as set forth in paragraph (b), a violation of |
1077 | any provision of this chapter, of any rule adopted pursuant |
1078 | thereto, of any applicable uniform firesafety standard adopted |
1079 | pursuant to s. 633.022 which is not adequately addressed by any |
1080 | alternative requirements adopted on a local level, or of any |
1081 | minimum firesafety standard adopted pursuant to s. 394.879. |
1082 | (b) A substantial violation of an applicable minimum |
1083 | firesafety standard adopted pursuant to s. 633.025 which is not |
1084 | reasonably addressed by any alternative requirement imposed at |
1085 | the local level, or an unreasonable interpretation of an |
1086 | applicable minimum firesafety standard, and which violation or |
1087 | interpretation clearly constitutes a danger to lifesafety. |
1088 | (c) A building or structure which is in a dilapidated |
1089 | condition and as a result thereof creates a danger to life, |
1090 | safety, or property. |
1091 | (d) A building or structure which contains explosive |
1092 | matter or flammable liquids or gases constituting a danger to |
1093 | life, safety, or property. |
1094 | (e) A fire department that is not designated by a |
1095 | political subdivision as defined in s. 1.01. |
1096 | (3) Any person who violates or fails to comply with any |
1097 | order under subsection (1) or subsection (2) commits is guilty |
1098 | of a misdemeanor, punishable as provided in s. 633.171. |
1099 | Section 19. Subsection (1) of section 633.171, Florida |
1100 | Statutes, is amended to read: |
1101 | 633.171 Penalty for violation of law, rule, or order to |
1102 | cease and desist or for failure to comply with corrective |
1103 | order.-- |
1104 | (1) Any person who violates any provision of this chapter |
1105 | law, any order or rule of the State Fire Marshal, or any order |
1106 | to cease and desist or to correct conditions issued under this |
1107 | chapter commits a misdemeanor of the second degree, punishable |
1108 | as provided in s. 775.082 or s. 775.083. |
1109 | Section 20. Subsection (1) of section 633.175, Florida |
1110 | Statutes, is amended to read: |
1111 | 633.175 Investigation of arson, fraudulent insurance |
1112 | claims, and crimes; immunity of insurance companies supplying |
1113 | information.-- |
1114 | (1) In addition to the other powers granted by this |
1115 | chapter, the State Fire Marshal or an agent appointed pursuant |
1116 | to s. 633.02, any law enforcement officer as defined in s. |
1117 | 111.065, any law enforcement officer of a federal agency, or any |
1118 | fire department official who is engaged in the investigation of |
1119 | a fire loss or loss from an explosion may request any insurance |
1120 | company or its agent, adjuster, employee, or attorney, |
1121 | investigating a claim under an insurance policy or contract with |
1122 | respect to a fire to release any information whatsoever in the |
1123 | possession of the insurance company or its agent, adjuster, |
1124 | employee, or attorney relative to a loss from that fire. The |
1125 | insurance company shall release the available information to and |
1126 | cooperate with any official authorized to request such |
1127 | information pursuant to this section. The information shall |
1128 | include, but shall not be limited to: |
1129 | (a) Any insurance policy relevant to a loss under |
1130 | investigation and any application for such a policy. |
1131 | (b) Any policy premium payment records. |
1132 | (c) The records, reports, and all material pertaining to |
1133 | any previous claims made by the insured with the reporting |
1134 | company. |
1135 | (d) Material relating to the investigation of the loss, |
1136 | including statements of any person, proof of loss, and other |
1137 | relevant evidence. |
1138 | (e) Memoranda, notes, and correspondence relating to the |
1139 | investigation of the loss in the possession of the insurance |
1140 | company or its agents, adjusters, employees, or attorneys. |
1141 | Section 21. Section 633.18, Florida Statutes, is amended |
1142 | to read: |
1143 | 633.18 State Fire Marshal; hearings and investigations; |
1144 | subpoena of witnesses; orders of circuit court.--Any agent |
1145 | designated by the State Fire Marshal for such purposes, may hold |
1146 | hearings, sign and issue subpoenas, administer oaths, examine |
1147 | witnesses, receive evidence, and require by subpoena the |
1148 | attendance and testimony of witnesses and the production of such |
1149 | accounts, records, memoranda or other evidence, as may be |
1150 | material for the determination of any complaint or conducting |
1151 | any inquiry or investigation under this chapter or any rule or |
1152 | order of the State Fire Marshal law. In case of disobedience to |
1153 | a subpoena, the State Fire Marshal or his or her agent may |
1154 | invoke the aid of any court of competent jurisdiction in |
1155 | requiring the attendance and testimony of witnesses and the |
1156 | production of accounts, records, memoranda or other evidence and |
1157 | any such court may in case of contumacy or refusal to obey a |
1158 | subpoena issued to any person, issue an order requiring the |
1159 | person to appear before the State Fire Marshal's agent or |
1160 | produce accounts, records, memoranda or other evidence, as so |
1161 | ordered, or to give evidence touching any matter pertinent to |
1162 | any complaint or the subject of any inquiry or investigation, |
1163 | and any failure to obey such order of the court shall be |
1164 | punished by the court as a contempt thereof. |
1165 | Section 22. Section 633.30, Florida Statutes, is amended |
1166 | to read: |
1167 | 633.30 Standards for firefighting; definitions.--As used |
1168 | in this chapter, the term: |
1169 | (1) "Career firefighter" means a person who is compensated |
1170 | at an hourly or salaried rate and whose work hours are scheduled |
1171 | in advance to maintain a schedule of coverage at a station, |
1172 | facility, or area to function as described in subsection (8) |
1173 | "Firefighter" means any person initially employed as a full-time |
1174 | professional firefighter by any employing agency, as defined |
1175 | herein, whose primary responsibility is the prevention and |
1176 | extinguishment of fires, the protection and saving of life and |
1177 | property, and the enforcement of municipal, county, and state |
1178 | fire prevention codes, as well as of any law pertaining to the |
1179 | prevention and control of fires. |
1180 | (2) "Council" means the Firefighters Employment, |
1181 | Standards, and Training Council "Employing agency" means any |
1182 | municipality or county, the state, or any political subdivision |
1183 | of the state, including authorities and special districts, |
1184 | employing firefighters as defined in subsection (1). |
1185 | (3) "Department" means the Department of Financial |
1186 | Services. |
1187 | (4) "Division" means the Division of State Fire Marshal of |
1188 | the Department of Financial Services "Council" means the |
1189 | Firefighters Employment, Standards, and Training Council. |
1190 | (5) "Employing agency" means any municipality or county, |
1191 | the state, or any political subdivision of the state, including |
1192 | authorities, special districts, or any private entity under |
1193 | contract with such entities "Division" means the Division of |
1194 | State Fire Marshal of the Department of Financial Services. |
1195 | (6) "Fire department" means an organization designated by |
1196 | a state political subdivision, such as a county, municipality, |
1197 | or special fire control district, to provide emergency response |
1198 | for the protection of life and property within a specified |
1199 | geographical area. |
1200 | (7) "Fire service apprentice" means any high school |
1201 | student who completes a high school course of instruction and |
1202 | examination approved by the department that includes specified |
1203 | components of firefighter I and II certification in accordance |
1204 | with the division's rules. Before the age of 18, a fire service |
1205 | apprentice may function as a fireground resource technician with |
1206 | a recognized fire department. Upon age of 18 and graduation from |
1207 | high school, the fire service apprentice may complete the |
1208 | outstanding components of firefighter I and II certification |
1209 | training and become certified at level II in accordance with the |
1210 | division's rules. |
1211 | (8) "Firefighter" means any person whose responsibility is |
1212 | the emergency response to fires and other emergencies, the |
1213 | prevention and extinguishment of fires, the protection and |
1214 | saving of life and property, and the enforcement of municipal, |
1215 | county, and state fire prevention codes, as well as of any law |
1216 | pertaining to the prevention and control of fires. |
1217 | (9) "Firefighter I" means a person who has successfully |
1218 | completed the firefighter I training program and is certified at |
1219 | level I in accordance with the division's rules. Firefighter I |
1220 | is the minimum level of certification to function as a volunteer |
1221 | firefighter. |
1222 | (10) "Firefighter II" means a person who has successfully |
1223 | completed the firefighter II training program and is certified |
1224 | at level II in accordance with the division's rules. Firefighter |
1225 | II is the minimum level of certification to function as a career |
1226 | firefighter as set forth in subsection (1). For purposes of this |
1227 | chapter, a certificate of compliance at level II replaces the |
1228 | previous certificate of compliance required to be a career |
1229 | firefighter. Firefighters currently certified with a certificate |
1230 | of compliance are deemed to be in compliance with the |
1231 | requirements of this chapter and need not become certified as a |
1232 | firefighter II. |
1233 | (11) "Fireground resource technician" means a volunteer |
1234 | exterior firefighter or support person who is not qualified by |
1235 | certification to be an interior firefighter but who has |
1236 | completed a course of instruction in accordance with the |
1237 | division's rules. Fireground resource technician is the minimum |
1238 | level of certification to function on the fireground in |
1239 | accordance with division rules. |
1240 | Section 23. Section 633.34, Florida Statutes, is amended |
1241 | to read: |
1242 | 633.34 Firefighters; qualifications for employment.-- |
1243 | (1) Any person applying to an employing agency to function |
1244 | for employment as a firefighter must: |
1245 | (a)(1) Be a high school graduate or the equivalent, as the |
1246 | term may be determined by the division, and at least 18 years of |
1247 | age. |
1248 | (b)(2) Never have been adjudicated guilty of, or pled |
1249 | guilty or nolo contendere to, any: |
1250 | 1. Felony. If an applicant has been convicted of a felony, |
1251 | the applicant is not eligible for certification until the |
1252 | applicant complies with s. 112.011(2)(b); or |
1253 | 2. Misdemeanor involving moral turpitude, or misleading or |
1254 | false statements relating to certification or employment as a |
1255 | firefighter. |
1256 |
|
1257 | If an applicant has been sentenced for any conviction of a |
1258 | felony or a misdemeanor, the applicant is not eligible for |
1259 | certification until 4 years after the expiration of any |
1260 | sentence. If a sentence is suspended or adjudication is withheld |
1261 | and a period of probation is imposed, the applicant must have |
1262 | been released from probation Neither have been convicted of a |
1263 | felony or of a misdemeanor directly related to the position of |
1264 | employment sought, nor have pled nolo contendere to any charge |
1265 | of a felony. If an applicant has been convicted of a felony, |
1266 | such applicant must be in compliance with s. 112.011(2)(b). If |
1267 | an applicant has been convicted of a misdemeanor directly |
1268 | related to the position of employment sought, such applicant |
1269 | shall be excluded from employment for a period of 4 years after |
1270 | expiration of sentence. If the sentence is suspended or |
1271 | adjudication is withheld in a felony charge or in a misdemeanor |
1272 | directly related to the position or employment sought and a |
1273 | period of probation is imposed, the applicant must have been |
1274 | released from probation. |
1275 | (c)(3) Pay for and submit fingerprints as directed by the |
1276 | division Submit a fingerprint card to the division with a |
1277 | current processing fee. The fingerprints shall fingerprint card |
1278 | will be forwarded to the Department of Law Enforcement or and/or |
1279 | the Federal Bureau of Investigation, or both, as directed by |
1280 | division rule. |
1281 | (4) Have a good moral character as determined by |
1282 | investigation under procedure established by the division. |
1283 | (d)(5) Be in good physical condition as determined by a |
1284 | medical examination given by a physician, surgeon, or physician |
1285 | assistant licensed to practice in the state pursuant to chapter |
1286 | 458; an osteopathic physician, surgeon, or physician assistant |
1287 | licensed to practice in the state pursuant to chapter 459; or an |
1288 | advanced registered nurse practitioner licensed to practice in |
1289 | the state pursuant to chapter 464, who are aware of and familiar |
1290 | with the medical requirements for training and certification as |
1291 | stated in department rule. Such examination may include, but |
1292 | need not be limited to, provisions of the National Fire |
1293 | Protection Association Standard 1582. Results of this A medical |
1294 | examination evidencing good physical condition shall be |
1295 | submitted to the division, on a form as provided by rule, before |
1296 | an individual is eligible for admission into a firefighter |
1297 | training program as defined in s. 633.35. |
1298 | (e)(6) Be a nonuser of tobacco or tobacco products for at |
1299 | least 1 year immediately preceding application, as evidenced by |
1300 | the sworn affidavit of the applicant. |
1301 | (2) A person who does not hold a fire service apprentice, |
1302 | fireground resource technician, firefighter I, or firefighter II |
1303 | certificate may not respond or engage in hazardous operations, |
1304 | including, but not limited to, interior structural firefighting, |
1305 | hazardous-materials-incident mitigation, and incident command, |
1306 | requiring the knowledge and skills taught in the training |
1307 | programs established in s. 633.35, regardless of volunteer or |
1308 | employment status. |
1309 | Section 24. Section 633.35, Florida Statutes, is amended |
1310 | to read: |
1311 | 633.35 Firefighter training and certification.-- |
1312 | (1) The division shall establish by rule a firefighter |
1313 | training programs for certification as a fireground resource |
1314 | technician, a fire service apprentice, a firefighter I, and a |
1315 | firefighter II, to be program of not less than 360 hours, |
1316 | administered by such agencies and institutions as approved by |
1317 | the division in accordance with division rules it approves for |
1318 | the purpose of providing basic employment training for |
1319 | firefighters. Nothing herein shall require a public employer to |
1320 | pay the cost of such training. |
1321 | (2) The division shall issue certificates a certificate of |
1322 | compliance for certification as a fireground resource |
1323 | technician, a fire service apprentice, a firefighter I, and a |
1324 | firefighter II to any person who has satisfactorily completed |
1325 | complying with the training programs program established in |
1326 | subsection (1), who has successfully passed an examination as |
1327 | prescribed by the division, and who possesses the qualifications |
1328 | specified for employment in s. 633.34, except s. 633.34(5). A No |
1329 | person may not be employed as a career regular or permanent |
1330 | firefighter by an employing agency, or by a private entity under |
1331 | contract with the state or any political subdivision of the |
1332 | state, including authorities and special districts, unless |
1333 | certified as a firefighter II, except for an individual hired to |
1334 | be trained and become certified as a firefighter II. An |
1335 | individual hired to be trained and become certified as a |
1336 | firefighter II has a maximum of for a period of time in excess |
1337 | of 1 year from the date of initial employment to obtain the |
1338 | firefighter II until he or she has obtained such certificate of |
1339 | compliance. A person who does not hold a firefighter II |
1340 | certificate of compliance and is employed under this section may |
1341 | not directly engage in hazardous operations, such as interior |
1342 | structural firefighting and hazardous-materials-incident |
1343 | mitigation, requiring the knowledge and skills taught in a |
1344 | training program established in subsection (1). However, a |
1345 | person who is certified and has been employed by served as a |
1346 | volunteer firefighter with the state or any political |
1347 | subdivision of the state, including authorities and special |
1348 | districts, who is then employed as a career regular or permanent |
1349 | firefighter may function, during this period, in the same |
1350 | capacity in which he or she acted prior to being employed as a |
1351 | career firefighter as a volunteer firefighter, provided that he |
1352 | or she has completed all training required by the volunteer |
1353 | organization. |
1354 | (3) The division may issue a certificate of compliance at |
1355 | the firefighter I or firefighter II level to any person who has |
1356 | received basic employment training for firefighters in another |
1357 | state when the division has determined that such training was at |
1358 | least equivalent to that required by the division for approved |
1359 | firefighter education and training programs in this state and |
1360 | when such person has satisfactorily complied with all other |
1361 | requirements of this section. The division may also issue a |
1362 | special certificate to a person who is otherwise qualified under |
1363 | this section and who is employed as the administrative and |
1364 | command head of a fire/rescue/emergency services organization, |
1365 | based on the acknowledgment that such person is less likely to |
1366 | need physical dexterity and more likely to need advanced |
1367 | knowledge of firefighting and supervisory skills. The |
1368 | certificate is valid only while the person is serving in a |
1369 | position as an administrative and command head of a |
1370 | fire/rescue/emergency services organization and must be obtained |
1371 | prior to employment in such capacity. |
1372 | (4) A person who fails an examination given under this |
1373 | section may retake the examination once within 6 months after |
1374 | the original examination date. An applicant who does not pass |
1375 | retake the examination within such time must repeat or take the |
1376 | applicable training program Minimum Standards Course, pursuant |
1377 | to subsection (1), before being reexamined. The division may |
1378 | establish reasonable preregistration deadlines for such |
1379 | reexaminations. |
1380 | (5) Pursuant to s. 590.02(1)(e), the division shall |
1381 | establish a structural fire training program of not less than 40 |
1382 | hours. The division shall issue to any person satisfactorily |
1383 | complying with this training program and who has successfully |
1384 | passed an examination as prescribed by the division and who has |
1385 | met the requirements of s. 590.02(1)(e) a Certificate of |
1386 | Forestry Firefighter. |
1387 | (6) A certified forestry firefighter is entitled to the |
1388 | same rights, privileges, and benefits provided for by law as a |
1389 | career certified firefighter. For the purposes of this statute, |
1390 | forestry compliance certification is equivalent to firefighter |
1391 | II. |
1392 | Section 25. Section 633.351, Florida Statutes, is amended |
1393 | to read: |
1394 | 633.351 Disciplinary action; firefighters; standards for |
1395 | revocation of certification.-- |
1396 | (1) The certification of a firefighter shall be revoked by |
1397 | the division if evidence is found that the certification was |
1398 | improperly issued by the division or if evidence is found that |
1399 | the certification was issued on the basis of false, incorrect, |
1400 | incomplete, or misleading information. |
1401 | (2) The certification of a firefighter who has been |
1402 | adjudicated guilty of, or pled guilty or nolo contendere to, any |
1403 | felony, or any misdemeanor involving moral turpitude, or |
1404 | misleading or false statements relating to the certification or |
1405 | employment as a firefighter, shall be revoked by the division. |
1406 | In the case of a felony, the certification may not be reinstated |
1407 | is convicted of a felony, or who is convicted of a misdemeanor |
1408 | relating to misleading or false statements, or who pleads nolo |
1409 | contendere to any charge of a felony shall be revoked until the |
1410 | firefighter complies with s. 112.011(2)(b). However, if sentence |
1411 | upon such felony or such misdemeanor charge is suspended or |
1412 | adjudication is withheld, the firefighter's revocation of |
1413 | certification shall continue for a period of 4 years after |
1414 | expiration of completion of any probation before the applicant |
1415 | is eligible for recertification be revoked until she or he |
1416 | completes any probation. |
1417 | (3) It is a violation of certification for any career |
1418 | firefighter as defined in this chapter, whose initial employment |
1419 | date is on or after July 1, 2009, to use tobacco products. An |
1420 | investigation by the local firefighter employer which determines |
1421 | such use, confirmed by legal means such as nicotine or cotinine |
1422 | testing, shall result in the suspension of the firefighter's |
1423 | state certification, requiring suspension or termination of |
1424 | employment. The division shall adopt rules setting forth the |
1425 | criteria for testing, investigation, and notification of the |
1426 | division by the local firefighter employer of violations, |
1427 | actions to be taken by the division, reinstatement of |
1428 | certification with appropriate medical approval and |
1429 | surveillance, and the number of violations allowed before |
1430 | permanent revocation of firefighter certification. |
1431 | Section 26. Section 633.352, Florida Statutes, is amended |
1432 | to read: |
1433 | 633.352 Retention of firefighter certification.-- |
1434 | (1) Any certified firefighter who has not been active as a |
1435 | firefighter, or as a volunteer firefighter with an organized |
1436 | fire department, for a period of 3 years shall be required to |
1437 | retake and pass the written and practical portions portion of |
1438 | the minimum standards state examination specified in division |
1439 | rules rule 4A-37.056(6)(b), Florida Administrative Code, in |
1440 | order to maintain her or his certification as a firefighter.; |
1441 | however, |
1442 | (2) This requirement does not apply to state-certified |
1443 | firefighters who are certified and employed as full-time fire |
1444 | safety inspectors by a fire department employing agency or to |
1445 | instructors regardless of their employment status instructors, |
1446 | as determined by the division. |
1447 | (3) The 3-year period begins on the date the firefighter I |
1448 | or firefighter II certificate of compliance is issued, or upon |
1449 | termination of service with an organized fire department, or |
1450 | upon expiration of instructor certification. |
1451 | Section 27. Paragraph (b) of subsection (1) and paragraph |
1452 | (a) of subsection (2) of section 633.382, Florida Statutes, are |
1453 | amended to read: |
1454 | 633.382 Firefighters; supplemental compensation.-- |
1455 | (1) DEFINITIONS.--As used in this section, the term: |
1456 | (b) "Firefighter" means any person who meets the |
1457 | definition of the term "firefighter" in s. 633.30(1) and (10) s. |
1458 | 633.30(1) who is certified in compliance with s. 633.35 and who |
1459 | is employed solely within the fire department of the employing |
1460 | agency or is employed by the division. |
1461 | (2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.-- |
1462 | (a) In addition to the compensation now paid by an |
1463 | employing agency to a any firefighter II, every career |
1464 | firefighter shall be paid supplemental compensation by the |
1465 | employing agency when such firefighter has complied with one of |
1466 | the following criteria: |
1467 | 1. Any firefighter II who receives an associate degree |
1468 | from an accredited a college, which degree is applicable to fire |
1469 | department duties, as outlined in policy guidelines of the |
1470 | division, shall be additionally compensated as outlined in |
1471 | paragraph (3)(a). |
1472 | 2. Any firefighter II, regardless of whether or not she or |
1473 | he earned an associate degree earlier, who receives from an |
1474 | accredited college or university a bachelor's degree, which |
1475 | bachelor's degree is applicable to fire department duties, as |
1476 | outlined in policy guidelines of the division, shall receive |
1477 | compensation as outlined in paragraph (3)(b). |
1478 | Section 28. Subsections (3), (10), and (11) of section |
1479 | 633.521, Florida Statutes, are amended to read: |
1480 | 633.521 Certificate application and issuance; permit |
1481 | issuance; examination and investigation of applicant.-- |
1482 | (3)(a) As a prerequisite to taking the examination for |
1483 | certification as a Contractor I, Contractor II, or Contractor |
1484 | III, the applicant must be at least 18 years of age, be of good |
1485 | moral character, and have at least shall possess 4 years' proven |
1486 | experience in the employment of a fire protection system |
1487 | Contractor I, Contractor II, or Contractor III or a combination |
1488 | of equivalent education and experience in both water-based and |
1489 | chemical fire suppression systems. |
1490 | (b) As a prerequisite to taking the examination for |
1491 | certification as a Contractor II, the applicant must be at least |
1492 | 18 years of age, be of good moral character, and have at least 4 |
1493 | years' proven experience in the employment of a fire protection |
1494 | system Contractor I or Contractor II or a combination of |
1495 | equivalent education and experience in water-based fire |
1496 | suppression systems. |
1497 | (c) As a prerequisite to taking the examination for |
1498 | certification as a Contractor III, the applicant must be at |
1499 | least 18 years of age, be of good moral character, and have at |
1500 | least 4 years' proven experience in the employment of a fire |
1501 | protection system Contractor I or Contractor III or a |
1502 | combination of equivalent education and experience in chemical |
1503 | fire suppression systems. |
1504 | (d) As a prerequisite to taking the examination for |
1505 | certification as a Contractor IV, the applicant must shall be at |
1506 | least 18 years old, be of good moral character, and have at |
1507 | least 2 years' proven experience in the employment of a fire |
1508 | protection system Contractor I, Contractor II, Contractor III, |
1509 | or Contractor IV or combination of equivalent education and |
1510 | experience which combination need not include experience in the |
1511 | employment of a fire protection system contractor. A certified |
1512 | plumber contractor meets equivalent education and experience |
1513 | requirements upon successful completion of a training program |
1514 | acceptable to the State Fire Marshal of not less than 40 |
1515 | contract hours on NFPA 13D, the applicable installation standard |
1516 | used by a Contractor IV. The State Fire Marshal may adopt rules |
1517 | to develop acceptable standards and approval processes for this |
1518 | subsection. |
1519 | (e) The required education and experience for |
1520 | certification as a Contractor I, Contractor II, Contractor III, |
1521 | or Contractor IV includes training and experience in both |
1522 | installation and system layout as defined in s. 633.021. |
1523 | (f) As a prerequisite to taking the examination for |
1524 | certification as a Contractor V, the applicant must shall be at |
1525 | least 18 years old, be of good moral character, and have been |
1526 | licensed as a certified underground utility and excavation |
1527 | contractor or plumbing contractor pursuant to chapter 489, have |
1528 | verification by an individual who is licensed as a certified |
1529 | utility contractor or plumbing contractor pursuant to chapter |
1530 | 489 that the applicant has at least 4 years' proven experience |
1531 | in the employ of a certified underground utility and excavation |
1532 | contractor or plumbing contractor, or have a combination of |
1533 | education and experience equivalent to at least 4 years' proven |
1534 | experience in the employ of a certified underground utility and |
1535 | excavation contractor or plumbing contractor. |
1536 | (g) Within 30 days after the date of the examination, the |
1537 | State Fire Marshal shall inform the applicant in writing whether |
1538 | she or he has qualified or not and, if the applicant has |
1539 | qualified, that she or he is ready to issue a certificate of |
1540 | competency, subject to compliance with the requirements of |
1541 | subsection (4). |
1542 | (10) Effective July 1, 2008, the State Fire Marshal shall |
1543 | require the National Institute of Certification in Engineering |
1544 | Technologies (NICET), Sub-field of Inspection and Testing of |
1545 | Fire Protection Systems Level II or equivalent training and |
1546 | education as determined by the division as proof that the |
1547 | permitholders are knowledgeable about nationally accepted |
1548 | standards for the inspection of fire protection systems. It is |
1549 | the intent of this act, from July 1, 2005, until July 1, 2008, |
1550 | to accept continuing education of all certificateholders' |
1551 | employees who perform inspection functions which specifically |
1552 | prepares the permitholder to qualify for NICET II certification. |
1553 | (11) It is intended that a certificateholder, or a |
1554 | permitholder who is employed by a certificateholder, conduct |
1555 | inspections required by this chapter. It is understood that |
1556 | after July 1, 2008, employee turnover may result in a depletion |
1557 | of personnel who are certified under the NICET Sub-field of |
1558 | Inspection and Testing of Fire Protection Systems Level II, or |
1559 | an equivalent training and education as determined by the |
1560 | division, which is required for permitholders. The extensive |
1561 | training and experience necessary to achieve NICET Level II |
1562 | certification is recognized. A certificateholder may therefore |
1563 | obtain a provisional permit with an endorsement for inspection, |
1564 | testing, and maintenance of water-based fire extinguishing |
1565 | systems for an employee if the employee has initiated procedures |
1566 | for obtaining Level II certification from the National Institute |
1567 | for Certification in Engineering Technologies Sub-field of |
1568 | Inspection and Testing of Fire Protection Systems and achieved |
1569 | Level I certification or an equivalent level as determined by |
1570 | the State Fire Marshal through verification of experience, |
1571 | training, and examination. The State Fire Marshal may establish |
1572 | rules to implement this subsection. After 2 years of provisional |
1573 | certification, the employee must have achieved NICET Level II |
1574 | certification, or an equivalent training and education as |
1575 | determined by the division, or cease performing inspections |
1576 | requiring Level II certification. The provisional permit is |
1577 | valid only for the 2 calendar years after the date of issuance, |
1578 | may not be extended, and is not renewable. After the initial 2- |
1579 | year provisional permit expires, the certificateholder must wait |
1580 | 2 additional years before a new provisional permit may be |
1581 | issued. The intent is to prohibit the certificateholder from |
1582 | using employees who never reach NICET Level II status, or |
1583 | equivalent training and education as determined by the division, |
1584 | by continuously obtaining provisional permits. |
1585 | Section 29. Subsection (3) is added to section 633.524, |
1586 | Florida Statutes, to read: |
1587 | 633.524 Certificate and permit fees; use and deposit of |
1588 | collected funds.-- |
1589 | (3) The State Fire Marshal may enter into a contract with |
1590 | any qualified public entity or private company in accordance |
1591 | with chapter 287 to provide examinations for any applicant for |
1592 | any examination administered under the jurisdiction of the State |
1593 | Fire Marshal under this chapter or any other chapter under the |
1594 | jurisdiction of the State Fire Marshal. The State Fire Marshal |
1595 | may have payments from each applicant for each examination made |
1596 | directly to such public entity or private company. |
1597 | Section 30. Subsection (4) of section 633.537, Florida |
1598 | Statutes, is amended to read: |
1599 | 633.537 Certificate; expiration; renewal; inactive |
1600 | certificate; continuing education.-- |
1601 | (4) The renewal period for the permit class is the same as |
1602 | that for the employing certificateholder. The continuing |
1603 | education requirements for permitholders are what is required to |
1604 | maintain NICET Sub-field of Inspection and Testing of Fire |
1605 | Protection Systems Level II certification, or equivalent |
1606 | training and education as determined by the division, or higher |
1607 | certification plus 8 contact hours of continuing education |
1608 | acceptable to the State Fire Marshal during each biennial |
1609 | renewal period thereafter. The continuing education curriculum |
1610 | from July 1, 2005, until July 1, 2008, shall be the preparatory |
1611 | curriculum for NICET II certification; after July 1, 2008, the |
1612 | technical curriculum is at the discretion of the State Fire |
1613 | Marshal and may be used to meet the maintenance of NICET Level |
1614 | II certification and 8 contact hours of continuing education |
1615 | requirements. It is the responsibility of the permitholder to |
1616 | maintain NICET II certification, or equivalent training and |
1617 | education as determined by the division, as a condition of |
1618 | permit renewal after July 1, 2008. |
1619 | Section 31. Subsections (1) and (4) of section 633.541, |
1620 | Florida Statutes, are amended to read: |
1621 | 633.541 Contracting without certificate prohibited; |
1622 | violations; penalty.-- |
1623 | (1) It is unlawful for any organization or individual to |
1624 | engage in the business of, the layout, fabrication, |
1625 | installation, inspection, alteration, repair, or service of a |
1626 | fire protection system, other than a preengineered system, act |
1627 | in the capacity of a fire protection contractor, or advertise |
1628 | itself as being a fire protection contractor without having been |
1629 | duly certified and holding a valid and existing certificate, |
1630 | except as hereinafter provided. The holder of a certificate used |
1631 | to qualify an organization must be a full-time employee of the |
1632 | qualified organization or business. A certificateholder who is |
1633 | employed by more than one fire protection contractor during the |
1634 | same period of time is deemed not to be a full-time employee of |
1635 | either contractor. The State Fire Marshal shall revoke, for a |
1636 | period of time determined by the State Fire Marshal, the |
1637 | certificate of a certificateholder who allows the use of the |
1638 | certificate to qualify a company of which the certificateholder |
1639 | is not a full-time employee. A contractor who maintains more |
1640 | than one place of business must employ a certificateholder at |
1641 | each location. Nothing in This subsection does not prohibit |
1642 | prohibits an employee acting on behalf of governmental entities |
1643 | from inspecting and enforcing firesafety codes, provided such |
1644 | employee is certified under s. 633.081, or an owner of a one- or |
1645 | two-family dwelling from inspecting or maintaining the fire |
1646 | protection system for his or her own house. |
1647 | (4) In addition to the penalties provided in subsection |
1648 | (3), a fire protection contractor certified under this chapter |
1649 | who violates any provision of this chapter section or who |
1650 | commits any act constituting cause for disciplinary action is |
1651 | subject to suspension or revocation of the certificate and |
1652 | administrative fines pursuant to s. 633.547. |
1653 | Section 32. Subsection (4) of section 633.72, Florida |
1654 | Statutes, is amended to read: |
1655 | 633.72 Florida Fire Code Advisory Council.-- |
1656 | (4) Each appointee shall serve a 4-year term. No member |
1657 | shall serve more than two consecutive terms one term. No member |
1658 | of the council shall be paid a salary as such member, but each |
1659 | shall receive travel and expense reimbursement as provided in s. |
1660 | 112.061. |
1661 | Section 33. Section 633.811, Florida Statutes, is amended |
1662 | to read: |
1663 | 633.811 Firefighter employer penalties.--If any |
1664 | firefighter employer violates or fails or refuses to comply with |
1665 | ss. 633.801-633.821, or with any rule adopted by the division |
1666 | under such sections in accordance with chapter 120 for the |
1667 | prevention of injuries, accidents, or occupational diseases or |
1668 | with any lawful order of the division in connection with ss. |
1669 | 633.801-633.821, or fails or refuses to furnish or adopt any |
1670 | safety device, safeguard, or other means of protection |
1671 | prescribed by division rule under ss. 633.801-633.821 for the |
1672 | prevention of accidents or occupational diseases, the division |
1673 | may issue an administrative cease and desist order, enforceable |
1674 | in the circuit court in the jurisdiction where the violation is |
1675 | occurring or has occurred, and assess an administrative fine |
1676 | against a firefighter employer of not less than $100 nor more |
1677 | than $1,000 for each violation and each day of each violation. |
1678 | The administrative penalty assessment shall be subject to the |
1679 | provisions of chapter 120. The division may also assess against |
1680 | the firefighter employer a civil penalty of not less than $100 |
1681 | nor more than $5,000 for each day the violation, omission, |
1682 | failure, or refusal continues after the firefighter employer has |
1683 | been given written notice of such violation, omission, failure, |
1684 | or refusal. The total penalty for each violation shall not |
1685 | exceed $50,000. The division shall adopt rules requiring |
1686 | penalties commensurate with the frequency or severity of safety |
1687 | violations. A hearing shall be held in the county in which the |
1688 | violation, omission, failure, or refusal is alleged to have |
1689 | occurred, unless otherwise agreed to by the firefighter employer |
1690 | and authorized by the division. All penalties assessed and |
1691 | collected under this section shall be deposited in the Insurance |
1692 | Regulatory Trust Fund. |
1693 | Section 34. Subsection (3) of section 633.821, Florida |
1694 | Statutes, is amended to read: |
1695 | 633.821 Workplace safety.-- |
1696 | (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two |
1697 | individuals located outside the immediately dangerous to life |
1698 | and health atmosphere may be assigned to an additional role, |
1699 | such as incident commander, pumper operator, engineer, or |
1700 | driver, so long as such individual is able to immediately |
1701 | perform assistance or rescue activities without jeopardizing the |
1702 | safety or health of any firefighter working at an incident. Also |
1703 | with respect to 29 C.F.R. s. 1910.134(g)(4): |
1704 | (a) Each county, municipality, and special district shall |
1705 | implement such provision by April 1, 2002, except as provided in |
1706 | paragraphs (b) and (c). |
1707 | (b) If any county, municipality, or special district is |
1708 | unable to implement such provision by April 1, 2002, without |
1709 | adding additional personnel to its firefighting staff or |
1710 | expending significant additional funds, such county, |
1711 | municipality, or special district shall have an additional 6 |
1712 | months within which to implement such provision. Such county, |
1713 | municipality, or special district shall notify the division that |
1714 | the 6-month extension to implement such provision is in effect |
1715 | in such county, municipality, or special district within 30 days |
1716 | after its decision to extend the time for the additional 6 |
1717 | months. The decision to extend the time for implementation shall |
1718 | be made prior to April 1, 2002. |
1719 | (c) If, after the extension granted in paragraph (b), the |
1720 | county, municipality, or special district, after having worked |
1721 | with and cooperated fully with the division and the Firefighters |
1722 | Employment, Standards, and Training Council, is still unable to |
1723 | implement such provisions without adding additional personnel to |
1724 | its firefighting staff or expending significant additional |
1725 | funds, such municipality, county, or special district shall be |
1726 | exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4). |
1727 | However, each year thereafter the division shall review each |
1728 | such county, municipality, or special district to determine if |
1729 | such county, municipality, or special district has the ability |
1730 | to implement such provision without adding additional personnel |
1731 | to its firefighting staff or expending significant additional |
1732 | funds. If the division determines that any county, municipality, |
1733 | or special district has the ability to implement such provision |
1734 | without adding additional personnel to its firefighting staff or |
1735 | expending significant additional funds, the division shall |
1736 | require such county, municipality, or special district to |
1737 | implement such provision. Such requirement by the division under |
1738 | this paragraph constitutes final agency action subject to |
1739 | chapter 120. |
1740 | Section 35. This act shall take effect July 1, 2009. |