HB 693

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4	amending s. 553.895, F.S.; revising outdated publication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
116	Be It Enacted by the Legislature of the State of Florida:
117
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
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
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.

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