Florida Senate - 2013                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1410
       
       
       
       
       
       
                                Barcode 279956                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             04/24/2013 11:30 AM       .                                
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       Senator Simmons moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 3587 - 3726
    4  and insert:
    5         (4)(2) The division shall issue a firefighter certificate
    6  of compliance to an any individual who does all of the
    7  following:
    8         (a)person Satisfactorily completes complying with the
    9  Minimum Standards Course or who has satisfactorily completed
   10  training for firefighters in another state which has been
   11  determined by the division to be at least the equivalent of the
   12  training required for the Minimum Standards Course.
   13         (b) Passes the Minimum Standards Course examination.
   14  training program established in subsection (1), who has
   15  successfully passed an examination as prescribed by the
   16  division, and
   17         (c)who Possesses the qualifications for employment in s.
   18  633.412 633.34, except s. 633.34(5).
   19         (5) The division shall issue a Volunteer Firefighter
   20  Certificate of Completion to any individual who satisfactorily
   21  completes the course established under paragraph (1)(b) No
   22  person may be employed as a regular or permanent firefighter by
   23  an employing agency, or by a private entity under contract with
   24  the state or any political subdivision of the state, including
   25  authorities and special districts, for a period of time in
   26  excess of 1 year from the date of initial employment until he or
   27  she has obtained such certificate of compliance. A person who
   28  does not hold a certificate of compliance and is employed under
   29  this section may not directly engage in hazardous operations,
   30  such as interior structural firefighting and hazardous
   31  materials-incident mitigation, requiring the knowledge and
   32  skills taught in a training program established in subsection
   33  (1). However, a person who has served as a volunteer firefighter
   34  with the state or any political subdivision of the state,
   35  including authorities and special districts, who is then
   36  employed as a regular or permanent firefighter may function,
   37  during this period, in the same capacity in which he or she
   38  acted as a volunteer firefighter, provided that he or she has
   39  completed all training required by the volunteer organization.
   40         (3) The division may issue a certificate to any person who
   41  has received basic employment training for firefighters in
   42  another state when the division has determined that such
   43  training was at least equivalent to that required by the
   44  division for approved firefighter education and training
   45  programs in this state and when such person has satisfactorily
   46  complied with all other requirements of this section.
   47         (6)(a) The division may also issue a Special Certificate of
   48  Compliance to an individual a person who does all of the
   49  following:
   50         1. Satisfactorily completes the course established in
   51  paragraph (1)(b) to obtain a Special Certificate of Compliance.
   52         2. Passes the examination established in paragraph (1)(b)
   53  to obtain a Special Certificate of Compliance.
   54         3. Possesses the qualifications in s. 633.412 is otherwise
   55  qualified under this section and who is employed as the
   56  administrative and command head of a fire/rescue/emergency
   57  services organization, based on the acknowledgment that such
   58  person is less likely to need physical dexterity and more likely
   59  to need advanced knowledge of firefighting and supervisory
   60  skills.
   61         (b)A Special The Certificate of Compliance is valid only
   62  authorizes an individual to serve while the person is serving in
   63  a position as an administrative and command head of a fire
   64  service provider fire/rescue/emergency services organization.
   65         (7)(4)An individual A person who fails an examination
   66  given under this section may retake the examination once within
   67  6 months after the original examination date. If the individual
   68  An applicant who does not retake the examination or fails the
   69  reexamination within such time, the individual must take the
   70  Minimum Standards Course for a Firefighter Certificate of
   71  Compliance or the course established under paragraph (1)(b) for
   72  a Special Certificate of Compliance, pursuant to subsection (1),
   73  before being reexamined. The division may grant an extension of
   74  the 6-month period based upon documented medical necessity and
   75  may establish reasonable preregistration deadlines for such
   76  reexaminations.
   77         (8)(5) Pursuant to s. 590.02(1)(e), the division shall
   78  establish a structural fire training program of not less than
   79  206 40 hours. The division shall issue to a any person
   80  satisfactorily complying with this training program and who has
   81  successfully passed an examination as prescribed by the division
   82  and who has met the requirements of s. 590.02(1)(e), a Forestry
   83  Certificate of Compliance Certificate of Forestry Firefighter.
   84         (6)An individual who holds a current and valid Forestry
   85  Certificate of Compliance A certified forestry firefighter is
   86  entitled to the same rights, privileges, and benefits provided
   87  for by law as a certified firefighter.
   88         Section 60. Section 633.34, Florida Statutes, is
   89  transferred, renumbered as section 633.412, Florida Statutes,
   90  and amended to read:
   91         633.412 633.34 Firefighters; qualifications for
   92  certification employment.—
   93         (1)A Any person applying for certification employment as a
   94  firefighter must:
   95         (a)(1) Be a high school graduate or the equivalent, as the
   96  term may be determined by the division, and at least 18 years of
   97  age.
   98         (b)(2)Not Neither have been convicted of a misdemeanor
   99  relating to the certification or to perjury or false statements,
  100  or a felony or a crime punishable by imprisonment of 1 year or
  101  more under the law of the United States or of any state thereof
  102  or under the law of any other country, or dishonorably
  103  discharged from any of the Armed Forces of the United States.
  104  “Convicted” means a finding of guilt or the acceptance of a plea
  105  of guilty or nolo contendere, in any federal or state court or a
  106  court in any other country, without regard to whether a judgment
  107  of conviction has been entered by the court having jurisdiction
  108  of the case felony or of a misdemeanor directly related to the
  109  position of employment sought, nor have pled nolo contendere to
  110  any charge of a felony. If an applicant has been convicted of a
  111  felony, such applicant must be in compliance with s.
  112  112.011(2)(b). If an applicant has been convicted of a
  113  misdemeanor directly related to the position of employment
  114  sought, such applicant shall be excluded from employment for a
  115  period of 4 years after expiration of sentence. If the sentence
  116  is suspended or adjudication is withheld in a felony charge or
  117  in a misdemeanor directly related to the position or employment
  118  sought and a period of probation is imposed, the applicant must
  119  have been released from probation.
  120         (c)(3) Submit fingerprints a fingerprint card to the
  121  division with a current processing fee. The fingerprints
  122  fingerprint card will be forwarded to the Department of Law
  123  Enforcement for state processing and forwarded by the Department
  124  of Law Enforcement to and/or the Federal Bureau of Investigation
  125  for national processing.
  126         (d)(4) Have a good moral character as determined by
  127  investigation under procedure established by the division.
  128         (e)(5) Be in good physical condition as determined by a
  129  medical examination given by a physician, surgeon, or physician
  130  assistant licensed to practice in the state pursuant to chapter
  131  458; an osteopathic physician, surgeon, or physician assistant
  132  licensed to practice in the state pursuant to chapter 459; or an
  133  advanced registered nurse practitioner licensed to practice in
  134  the state pursuant to chapter 464. Such examination may include,
  135  but need not be limited to, provisions of the National Fire
  136  Protection Association Standard 1582. A medical examination
  137  evidencing good physical condition shall be submitted to the
  138  division, on a form as provided by rule, before an individual is
  139  eligible for admission into a course under firefighter training
  140  program as defined in s. 633.408 633.35.
  141         (f)(6) Be a nonuser of tobacco or tobacco products for at
  142  least 1 year immediately preceding application, as evidenced by
  143  the sworn affidavit of the applicant.
  144         (2) If the division suspends or revokes an individual’s
  145  certificate, the division must suspend or revoke all other
  146  certificates issued to the individual by the division pursuant
  147  to this part.