Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 1410
Barcode 911036
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/09/2013 .
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The Committee on Community Affairs (Latvala) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 630 - 2371
4 and insert:
5 systems.
6 (b) “Contractor II” means a contractor whose business is
7 limited to the execution of contracts requiring the ability to
8 lay out, fabricate, install, inspect, alter, repair, and service
9 water sprinkler systems, water spray systems, foam-water
10 sprinkler systems, foam -water spray systems, standpipes,
11 combination standpipes and sprinkler risers, all piping that is
12 an integral part of the system beginning at the point of service
13 as defined in this section, sprinkler tank heaters, air lines,
14 thermal systems used in connection with sprinklers, and tanks
15 and pumps connected thereto, excluding preengineered systems.
16 (c) “Contractor III” means a contractor whose business is
17 limited to the execution of contracts requiring the ability to
18 fabricate, install, inspect, alter, repair, and service carbon
19 dioxide CO2 systems, foam extinguishing systems, dry chemical
20 systems, and Halon and other chemical systems, excluding
21 preengineered systems.
22 (d) “Contractor IV” means a contractor whose business is
23 limited to the execution of contracts requiring the ability to
24 lay out, fabricate, install, inspect, alter, repair, and service
25 automatic fire sprinkler systems for detached one-family
26 dwellings, detached two-family dwellings, and mobile homes,
27 excluding preengineered systems and excluding single-family
28 homes in cluster units, such as apartments, condominiums, and
29 assisted living facilities or any building that is connected to
30 other dwellings. A Contractor IV is limited to the scope of
31 practice specified in NFPA 13D.
32 (e) “Contractor V” means a contractor whose business is
33 limited to the execution of contracts requiring the ability to
34 fabricate, install, inspect, alter, repair, and service the
35 underground piping for a fire protection system using water as
36 the extinguishing agent beginning at the point of service as
37 defined in this act and ending no more than 1 foot above the
38 finished floor.
39
40 The definitions in this subsection may must not be construed to
41 include fire protection engineers or architects and do not limit
42 or prohibit a licensed fire protection engineer or architect
43 with fire protection design experience from designing any type
44 of fire protection system. A distinction is made between system
45 design concepts prepared by the design professional and system
46 layout as defined in this section and typically prepared by the
47 contractor. However, a person persons certified as a Contractor
48 I, Contractor II, or Contractor IV under this chapter may design
49 fire protection systems of 49 or fewer sprinklers, and may
50 design the alteration of an existing fire sprinkler system if
51 the alteration consists of the relocation, addition, or deletion
52 of not more than 49 sprinklers, notwithstanding the size of the
53 existing fire sprinkler system. A person certified as a
54 Contractor I, Contractor II, or Contractor IV may design a fire
55 protection system the scope of which complies with NFPA 13D,
56 Standard for the Installation of Sprinkler Systems in One- and
57 Two-Family Dwellings and Manufactured Homes, as adopted by the
58 State Fire Marshal, notwithstanding the number of fire
59 sprinklers. Contractor-developed plans may not be required by
60 any local permitting authority to be sealed by a registered
61 professional engineer.
62 (4) “Department” means the Department of Financial
63 Services.
64 (5) “Division” means the Division of State Fire Marshal
65 within the Department of Financial Services.
66 (6) “Explosives” means any chemical compound or mixture
67 that has the property of yielding readily to combustion or
68 oxidation upon the application of heat, flame, or shock and is
69 capable of producing an explosion and is commonly used for that
70 purpose, including but not limited to dynamite, nitroglycerin,
71 trinitrotoluene, ammonium nitrate when combined with other
72 ingredients to form an explosive mixture, blasting caps, and
73 detonators; but the term does not include cartridges for
74 firearms or fireworks as defined in chapter 791.
75 (7)(a) “Fire equipment dealer Class A” means a licensed
76 fire equipment dealer whose business is limited to servicing,
77 recharging, repairing, installing, or inspecting all types of
78 fire extinguishers and conducting hydrostatic tests on all types
79 of fire extinguishers.
80 (b) “Fire equipment dealer Class B” means a licensed fire
81 equipment dealer whose business is limited to servicing,
82 recharging, repairing, installing, or inspecting all types of
83 fire extinguishers, including recharging carbon dioxide units
84 and conducting hydrostatic tests on all types of fire
85 extinguishers, except carbon dioxide units.
86 (c) “Fire equipment dealer Class C” means a licensed fire
87 equipment dealer whose business is limited to servicing,
88 recharging, repairing, installing, or inspecting all types of
89 fire extinguishers, except recharging carbon dioxide units, and
90 conducting hydrostatic tests on all types of fire extinguishers,
91 except carbon dioxide units.
92 (d) “Fire equipment dealer Class D” means a licensed fire
93 equipment dealer whose business is limited to servicing,
94 recharging, repairing, installing, hydrotesting, or inspecting
95 of all types of preengineered fire extinguishing systems.
96 (8) A “Fire extinguisher” means is a cylinder that:
97 (a) Is portable and can be carried or is on wheels.
98 (b) Is manually operated.
99 (c) May use a variety of extinguishing agents that are
100 expelled under pressure.
101 (d) Is rechargeable or nonrechargeable.
102 (e) Is installed, serviced, repaired, recharged, inspected,
103 and hydrotested according to applicable procedures of the
104 manufacturer, standards of the National Fire Protection
105 Association, and the Code of Federal Regulations.
106 (f) Is listed by a nationally recognized testing
107 laboratory.
108 (9) “Firefighter” means an individual who holds a current
109 and valid Firefighter Certificate of Compliance or Special
110 Certificate of Compliance issued by the division under s.
111 633.408.
112 (10) “Fire service support personnel” means an individual
113 who does not hold a current and valid certificate issued by the
114 division and who may only perform support services.
115 (11)(9) A “Fire hydrant” means is a connection to a water
116 main, elevated water tank, or other source of water for the
117 purpose of supplying water to a fire hose or other fire
118 protection apparatus for fire suppression operations. The term
119 does not include a fire protection system.
120 (12)(10) A “Fire protection system” means is a system
121 individually designed to protect the interior or exterior of a
122 specific building or buildings, structure, or other special
123 hazard from fire. Such systems include, but are not limited to,
124 water sprinkler systems, water spray systems, foam-water
125 sprinkler systems, foam-water spray systems, carbon dioxide CO2
126 systems, foam extinguishing systems, dry chemical systems, and
127 Halon and other chemical systems used for fire protection use.
128 Such systems also include any overhead and underground fire
129 mains, fire hydrants and hydrant mains, standpipes and hoses
130 connected to sprinkler systems, sprinkler tank heaters, air
131 lines, thermal systems used in connection with fire sprinkler
132 systems, and tanks and pumps connected to fire sprinkler
133 systems.
134 (13)(11) A “Firesafety inspector” means is an individual
135 who holds a current and valid Fire Safety Inspector Certificate
136 of Compliance issued certified by the division State Fire
137 Marshal under s. 633.216 s. 633.081 who is officially assigned
138 the duties of conducting firesafety inspections of buildings and
139 facilities on a recurring or regular basis on behalf of the
140 state or any county, municipality, or special district with fire
141 safety responsibilities.
142 (14) “Fire service provider” means a municipality or
143 county, the state, or any political subdivision of the state,
144 including authorities and special districts, employing
145 firefighters or utilizing volunteer firefighters to provide fire
146 extinguishment or fire prevention services for the protection of
147 life and property. The term includes any organization under
148 contract or other agreement with such entity to provide such
149 services.
150 (15)(12) “Handling” means touching, holding, taking up,
151 moving, controlling, or otherwise affecting with the hand or by
152 any other agency.
153 (13)(a) For the purposes of s. 633.085(1), the term “high
154 hazard occupancy” means any building or structure:
155 1. That contains combustible or explosive matter or
156 flammable conditions dangerous to the safety of life or
157 property.
158 2. In which persons receive educational instruction.
159 3. In which persons reside, excluding private dwellings.
160 4. Containing three or more floor levels.
161
162 Such buildings or structures include, but are not limited to,
163 all hospitals and residential health care facilities, nursing
164 homes and other adult care facilities, correctional or detention
165 facilities, public schools, public lodging establishments,
166 migrant labor camps, residential child care facilities, and
167 self-service gasoline stations.
168 (b) For the purposes of this subsection, the term “high
169 hazard occupancy” does not include any residential condominium
170 where the declaration of condominium or the bylaws provide that
171 the rental of units shall not be permitted for less than 90
172 days.
173 (16)(14) “Highway” means every way or place of whatever
174 nature within the state open to the use of the public, as a
175 matter of right, for purposes of vehicular traffic and includes
176 public streets, alleys, roadways, or driveways upon grounds of
177 colleges, universities, and institutions and other ways open to
178 travel by the public, notwithstanding that the same have been
179 temporarily closed for the purpose of construction,
180 reconstruction, maintenance, or repair. The term does not
181 include a roadway or driveway upon grounds owned by a private
182 person.
183 (17) “Hot zone” means the area immediately around an
184 incident where serious threat of harm exists, which includes the
185 collapse zone for a structure fire.
186 (18)(15) “Keeping” means possessing, holding, retaining,
187 maintaining, or having habitually in stock for sale.
188 (19)(16) “Layout” as used in this chapter means the layout
189 of risers, cross mains, branch lines, sprinkler heads, sizing of
190 pipe, hanger locations, and hydraulic calculations in accordance
191 with the design concepts established through the provisions of
192 the Responsibility Rules adopted by the Board of Professional
193 Engineers.
194 (20)(17) “Manufacture” means the compounding, combining,
195 producing, or making of anything or the working of anything by
196 hand, by machinery, or by any other agency into forms suitable
197 for use.
198 (21)(18) A “Minimum firesafety standard” means is a
199 requirement or group of requirements adopted pursuant to s.
200 633.208 633.025 by a county, municipality, or special district
201 with firesafety responsibilities, or by the State Fire Marshal
202 pursuant to s. 394.879, for the protection of life and property
203 from loss by fire which shall be met, as a minimum, by every
204 occupancy, facility, building, structure, premises, device, or
205 activity to which it applies.
206 (22) “Minimum Standards Course” means training of at least
207 360 hours as prescribed by rule adopted by the division which is
208 required to obtain a Firefighter Certificate of Compliance under
209 s. 633.408.
210 (23)(19) “Motor vehicle” means any device propelled by
211 power other than muscular power in, upon, or by which any
212 individual person or property is or may be transported or drawn
213 upon a highway, except a device moved or used exclusively upon
214 stationary rails or tracks.
215 (24)(20) “Point-of-service” means the point at which the
216 underground piping for a fire protection system as defined in
217 this section using water as the extinguishing agent becomes used
218 exclusively for the fire protection system.
219 (25)(21)(a) A “Preengineered system” means is a fire
220 suppression system which:
221 1. Uses any of a variety of extinguishing agents.
222 2. Is designed to protect specific hazards.
223 3. Must be installed according to pretested limitations and
224 configurations specified by the manufacturer and applicable
225 National Fire Protection Association (NFPA) standards. Only
226 those chapters within the National Fire Protection Association
227 standards which that pertain to servicing, recharging,
228 repairing, installing, hydrotesting, or inspecting any type of
229 preengineered fire extinguishing system may be used.
230 4. Must be installed using components specified by the
231 manufacturer or components that are listed as equal parts by a
232 nationally recognized testing laboratory such as Underwriters
233 Laboratories, Inc., or Factory Mutual Laboratories, Inc.
234 5. Must be listed by a nationally recognized testing
235 laboratory.
236 (b) Preengineered systems consist of and include all of the
237 components and parts providing fire suppression protection, but
238 do not include the equipment being protected, and may
239 incorporate special nozzles, flow rates, methods of application,
240 pressurization levels, and quantities of agents designed by the
241 manufacturer for specific hazards.
242 (26)(22) “Private carrier” means a any motor vehicle,
243 aircraft, or vessel operating intrastate in which there is
244 identity of ownership between freight and carrier.
245 (27)(23) “Sale” means the act of selling; the act whereby
246 the ownership of property is transferred from one person to
247 another for a sum of money or, loosely, for any consideration.
248 The term includes the delivery of merchandise with or without
249 consideration.
250 (28)(24) “Special state firesafety inspector” means an
251 individual officially assigned to the duties of conducting
252 firesafety inspections required by law on behalf of or by an
253 agency of the state having authority for inspections other than
254 the division of State Fire Marshal.
255 (29)(25) A “Sprinkler system” means is a type of fire
256 protection system, either manual or automatic, using water as an
257 extinguishing agent and installed in accordance with applicable
258 National Fire Protection Association standards.
259 (30)(26) “Storing” means accumulating, laying away, or
260 depositing for preservation or as a reserve fund in a store,
261 warehouse, or other source from which supplies may be drawn or
262 within which they may be deposited. The term is limited in
263 meaning and application to storage having a direct relationship
264 to transportation.
265 (31) “Support services” means those activities that a fire
266 service provider has trained an individual to perform safely
267 outside the hot zone of an emergency scene, including pulling
268 hoses, opening and closing fire hydrants, driving and operating
269 apparatus, carrying tools, carrying or moving equipment,
270 directing traffic, manning a resource pool, or similar
271 activities.
272 (32) “Suspension” means the temporary withdrawal of a
273 license, certificate, or permit issued pursuant to this chapter.
274 (33)(27) “Transportation” means the conveying or carrying
275 of property from one place to another by motor vehicle (except a
276 motor vehicle subject to the provisions of s. 316.302),
277 aircraft, or vessel, subject to such limitations as are set
278 forth in s. 552.12, in which only the motor vehicles, aircraft,
279 or vessels of the Armed Forces and other federal agencies are
280 specifically exempted.
281 (34)(28) A “Uniform firesafety standard” means is a
282 requirement or group of requirements for the protection of life
283 and property from loss by fire which shall be met by every
284 building and structure specified in s. 633.206 633.022(1), and
285 is not neither weakened or nor exceeded by law, rule, or
286 ordinance of any other state agency or political subdivision or
287 county, municipality, or special district with firesafety
288 responsibilities.
289 (35)(29) “Use” means application, employment; that
290 enjoyment of property which consists of its employment,
291 occupation, exercise, or practice.
292 (36) “Volunteer firefighter” means an individual who holds
293 a current and valid Volunteer Firefighter Certificate of
294 Completion issued by the division under s. 633.408.
295 Section 3. Section 633.01, Florida Statutes, is transferred
296 and renumbered as section 633.104, Florida Statutes, subsections
297 (1), (3), (5), (6), and (7) of that section are amended, and
298 subsections (8) and (9) are added to that section, to read:
299 633.104 633.01 State Fire Marshal; authority; powers and
300 duties; rules.—
301 (1) The Chief Financial Officer is designated as “State
302 Fire Marshal.” The State Fire Marshal has authority to adopt
303 rules pursuant to ss. 120.536(1) and 120.54 to implement the
304 provisions of this chapter conferring powers or duties upon the
305 department. Rules must shall be in substantial conformity with
306 generally accepted standards of firesafety; must shall take into
307 consideration the direct supervision of children in
308 nonresidential child care facilities; and must shall balance and
309 temper the need of the State Fire Marshal to protect all
310 Floridians from fire hazards with the social and economic
311 inconveniences that may be caused or created by the rules. The
312 department shall adopt the Florida Fire Prevention Code and the
313 Life Safety Code.
314 (3) The State Fire Marshal shall establish by rule
315 guidelines and procedures for quadrennial triennial renewal of
316 firesafety inspector requirements for certification.
317 (5) It is the intent of the Legislature that there are to
318 be no conflicting requirements between the Florida Fire
319 Prevention Code and the Life Safety Code authorized by this
320 chapter and the provisions of the Florida Building Code or
321 conflicts in their enforcement and interpretation. Potential
322 conflicts shall be resolved through coordination and cooperation
323 of the State Fire Marshal and the Florida Building Commission as
324 provided by this chapter and part IV of chapter 553.
325 (6) Only the State Fire Marshal may issue, and, when
326 requested in writing by any substantially affected person or a
327 local enforcing agency, the State Fire Marshal shall issue
328 declaratory statements pursuant to s. 120.565 relating to the
329 Florida Fire Prevention Code and the Life Safety Code.
330 (7) The State Fire Marshal, in consultation with the
331 Department of Education, shall adopt and administer rules
332 prescribing standards for the safety and health of occupants of
333 educational and ancillary facilities pursuant to ss. 633.206
334 633.022, 1013.12, 1013.37, and 1013.371. In addition, in any
335 county, municipality, or special district that does not employ
336 or appoint a firesafety inspector certified under s. 633.216
337 633.081, the State Fire Marshal shall assume the duties of the
338 local county, municipality, or independent special fire control
339 district as defined in s. 191.003 with respect to firesafety
340 inspections of educational property required under s.
341 1013.12(3)(b), and the State Fire Marshal may take necessary
342 corrective action as authorized under s. 1013.12(7).
343 (8) The State Fire Marshal or her or his duly appointed
344 hearing officer may administer oaths and take testimony about
345 all matters within the jurisdiction of this chapter. Chapter 120
346 governs hearings conducted by or on behalf of the State Fire
347 Marshal.
348 (9) The State Fire Marshal may contract with any qualified
349 public entity or private company in accordance with chapter 287
350 to provide examinations for any applicant for any examination
351 administered under the jurisdiction of the State Fire Marshal.
352 The State Fire Marshal may direct payments from each applicant
353 for each examination directly to such contracted entity or
354 company.
355 Section 4. Section 633.163, Florida Statutes, is
356 transferred, renumbered as section 633.106, Florida Statutes,
357 and amended to read:
358 633.106 633.163 State Fire Marshal; disciplinary authority;
359 administrative fine and probation in lieu of suspension,
360 revocation, or refusal to issue a license, permit, or
361 certificate.—
362 (1) The State Fire Marshal may deny, suspend, or revoke the
363 license, certificate, or permit of any individual who does not
364 meet the qualifications established by, or who violates any
365 provision under, this chapter or any rule authorized by this
366 chapter.
367 (2)(1) If the State Fire Marshal finds that one or more
368 grounds exist for the suspension, revocation, or refusal to
369 issue, renew, or continue any license, certificate, or permit
370 issued under this chapter, the State Fire Marshal may, in its
371 discretion, in lieu of the suspension, revocation, or refusal to
372 issue, renew, or continue, and, except on a second offense or
373 when the suspension, revocation, or refusal to issue, renew, or
374 continue is mandatory, impose upon the licensee,
375 certificateholder, or permittee one or more of the following:
376 (a) An administrative fine not to exceed $1,000 for each
377 violation, and not to exceed a total of $10,000 in any one
378 proceeding.
379 (b) Probation for a period not to exceed 2 years, as
380 specified by the State Fire Marshal in her or his order.
381 (3)(2) The State Fire Marshal may allow the licensee,
382 certificateholder, or permittee a reasonable period, not to
383 exceed 30 days, within which to pay to the State Fire Marshal
384 the amount of the fine. If the licensee, certificateholder, or
385 permittee fails to pay the administrative fine in its entirety
386 to the State Fire Marshal within such period, the license,
387 permit, or certificate shall stand suspended until payment of
388 the administrative fine.
389 (4) As a condition to probation or in connection therewith,
390 the State Fire Marshal may specify in her or his order
391 reasonable terms and conditions to be fulfilled by the
392 probationer during the probation period. If during the probation
393 period the State Fire Marshal has good cause to believe that the
394 probationer has violated any of the terms and conditions, she or
395 he shall suspend, revoke, or refuse to issue, renew, or continue
396 the license, certificate, or permit of the probationer, as upon
397 the original ground or grounds referred to in subsection (2).
398 Section 5. Section 633.15, Florida Statutes, is transferred
399 and renumbered as section 633.108, Florida Statutes.
400 Section 6. Section 633.101, Florida Statutes, is
401 transferred, renumbered as section 633.112, Florida Statutes,
402 and amended to read:
403 633.112 633.101 State Fire Marshal; hearings;
404 investigations; recordkeeping and reports; subpoenas of
405 witnesses; orders of circuit court investigatory powers of State
406 Fire Marshal; costs of service and witness fees.—
407 (1) The State Fire Marshal may in his or her discretion
408 take or cause to be taken the testimony on oath of a person all
409 persons whom he or she believes to be cognizant of any facts in
410 relation to matters under investigation.
411 (2) If the State Fire Marshal is shall be of the opinion
412 that there is sufficient evidence to charge a any person with an
413 offense, he or she must shall cause the arrest of such person
414 and must shall furnish to the prosecuting officer of any court
415 having jurisdiction of the said offense all information obtained
416 by him or her, including a copy of all pertinent and material
417 testimony taken, together with the names and addresses of all
418 witnesses. In the conduct of such investigations, the State Fire
419 Marshal may request such assistance as may reasonably be given
420 by such prosecuting officers and other local officials.
421 (3) The State Fire Marshal may summon and compel the
422 attendance of witnesses before him or her to testify in relation
423 to any matter manner which is, by the provisions of this
424 chapter, a subject of inquiry and investigation, and he or she
425 may require the production of any book, paper, or document
426 deemed pertinent thereto by him or her, and may seize furniture
427 and other personal property to be held for evidence.
428 (4) A person All persons so summoned and so testifying
429 shall be entitled to the same witness fees and mileage as
430 provided for witnesses testifying in the circuit courts of this
431 state, and officers serving subpoenas or orders of the State
432 Fire Marshal shall be paid in like manner for like services in
433 such courts, from the funds herein provided.
434 (5) Any agent designated by the State Fire Marshal for such
435 purposes, may hold hearings, sign and issue subpoenas,
436 administer oaths, examine witnesses, receive evidence, and
437 require by subpoena the attendance and testimony of witnesses
438 and the production of such accounts, records, memoranda, or
439 other evidence, as may be material for the determination of any
440 complaint or conducting any inquiry or investigation under this
441 chapter. In the case of disobedience to a subpoena, the State
442 Fire Marshal or her or his agent may invoke the aid of any court
443 of competent jurisdiction in requiring the attendance and
444 testimony of witnesses and the production of accounts, records,
445 memoranda, or other evidence and any such court may in case of
446 refusal to obey a subpoena issued to a person, issue an order
447 requiring the person to appear before the State Fire Marshal’s
448 agent or produce accounts, records, memoranda, or other
449 evidence, as so ordered, or to give evidence touching any matter
450 pertinent to any complaint or the subject of any inquiry or
451 investigation, and any failure to obey such order of the court
452 shall be punished by the court as contempt.
453 (6) Upon request, the State Fire Marshal shall investigate
454 the cause, origin, and circumstances of fires and explosions
455 occurring in this state wherein property has been damaged or
456 destroyed and there is probable cause to believe that the fire
457 or explosion was the result of carelessness or design.
458 (a) Any time a fire or explosion has occurred which results
459 in property damage or destruction in any municipality, county,
460 or special district having an organized fire department, any
461 local fire official whose intent is to request the State Fire
462 Marshal to perform an investigation shall make or shall cause to
463 be made an initial investigation of the circumstances
464 surrounding the cause and origin of the fire or explosion. Law
465 enforcement officers may conduct such initial investigation.
466 (b) If the fire or explosion occurs in a municipality,
467 county, or special district that does not have an organized fire
468 department or designated arson investigations unit within its
469 law enforcement providers, the municipality, county, or special
470 district may request the State Fire Marshal to conduct the
471 initial investigation.
472 (c) The division shall adopt rules to assist local fire
473 officials and law enforcement officers in determining the
474 established responsibilities with respect to the initial or
475 preliminary assessment of fire and explosion scenes, and the
476 determination of whether probable cause exists to refer such
477 scenes to the State Fire Marshal for an investigation.
478 Section 7. Section 633.111, Florida Statutes, is
479 transferred, renumbered as subsections (7) and (8) of section
480 633.112, Florida Statutes, and amended to read:
481 633.112 State Fire Marshal; hearings; investigations;
482 recordkeeping and reports; subpoenas of witnesses; orders of
483 circuit court investigatory powers of State Fire Marshal; costs
484 of service and witness fees.—
485 (7) The State Fire Marshal shall keep in her or his office
486 a record of all fires and explosions occurring in this state
487 upon which she or he had caused an investigation to be made and
488 all facts concerning the same. These records, obtained or
489 prepared by the State Fire Marshal pursuant to her or his
490 investigation, include documents, papers, letters, maps,
491 diagrams, tapes, photographs, films, sound recordings, and
492 evidence. These records are confidential and exempt from the
493 provisions of s. 119.07(1) until the investigation is completed
494 or ceases to be active. For purposes of this section, an
495 investigation is considered “active” while such investigation is
496 being conducted by the department with a reasonable, good faith
497 belief that it may lead to the filing of administrative, civil,
498 or criminal proceedings. An investigation does not cease to be
499 active if the department is proceeding with reasonable dispatch,
500 and there is a good faith belief that action may be initiated by
501 the department or other administrative or law enforcement
502 agency. Further, these documents, papers, letters, maps,
503 diagrams, tapes, photographs, films, sound recordings, and
504 evidence relative to the subject of an investigation shall not
505 be subject to subpoena until the investigation is completed or
506 ceases to be active, unless the State Fire Marshal consents.
507 These records shall be made daily from the reports furnished the
508 State Fire Marshal by her or his agents or others.
509 (8) Whenever the State Fire Marshal releases an
510 investigative report, any person requesting a copy of the report
511 shall pay in advance, and the State Fire Marshal shall collect
512 in advance, notwithstanding the provisions of s. 624.501(19)(a)
513 and (b), a fee of $10 for the copy of the report, which fee
514 shall be deposited into the Insurance Regulatory Trust Fund. The
515 State Fire Marshal may release the report without charge to any
516 state attorney or to any law enforcement agency or fire
517 department assisting in the investigation.
518 Section 8. Section 633.02, Florida Statutes, is
519 transferred, renumbered as section 633.114, Florida Statutes,
520 and amended to read:
521 633.114 633.02 State Fire Marshal agents Agents; authority;
522 powers and duties; compensation.—
523 (1) The State Fire Marshal shall appoint such agents as may
524 be necessary to carry out effectively the provisions of this
525 chapter, who shall be reimbursed for travel expenses as provided
526 in s. 112.061, in addition to their salary, when traveling or
527 making investigations in the performance of their duties. Such
528 agents shall be at all times under the direction and control of
529 the State Fire Marshal, who shall fix their compensation, and
530 all orders shall be issued in the State Fire Marshal’s name and
531 by her or his authority.
532 (2) The authority given the State Fire Marshal under this
533 chapter may be exercised by her or his agents, individually or
534 in conjunction with any other state or local official charged
535 with similar responsibilities.
536 Section 9. Section 633.14, Florida Statutes, is transferred
537 and renumbered as section 633.116, Florida Statutes.
538 Section 10. Section 633.121, Florida Statutes, is
539 transferred, renumbered as section 633.118, Florida Statutes,
540 and amended to read:
541 633.118 633.121 Persons authorized to enforce laws and
542 rules of State Fire Marshal.—The chiefs of county, municipal,
543 and special-district fire service providers departments; other
544 fire service provider department personnel designated by their
545 respective chiefs; and personnel designated by local governments
546 having no organized fire service providers departments are
547 authorized to enforce this chapter law and all rules prescribed
548 by the State Fire Marshal within their respective jurisdictions.
549 Such personnel acting under the authority of this section shall
550 be deemed to be agents of their respective jurisdictions, not
551 agents of the State Fire Marshal.
552 Section 11. Section 633.151, Florida Statutes, is
553 transferred, renumbered as section 633.122, Florida Statutes,
554 and amended to read:
555 633.122 633.151 Impersonating State Fire Marshal,
556 firefighter firefighters, volunteer firefighter, or firesafety
557 inspector; criminal penalties.—A person who falsely assumes or
558 pretends to be the State Fire Marshal, an agent of the division
559 of State Fire Marshal, a firefighter as defined in s. 112.81, a
560 volunteer firefighter, or a firesafety inspector by identifying
561 herself or himself as the State Fire Marshal, an agent of the
562 division, a firefighter, a volunteer firefighter, or a
563 firesafety inspector by wearing a uniform or presenting or
564 displaying a badge as credentials that would cause a reasonable
565 person to believe that she or he is a State Fire Marshal, an
566 agent of the division, a firefighter, a volunteer firefighter,
567 or firesafety inspector commits and who acts as such to require
568 a person to aid or assist him or her in any matter relating to
569 the duties of the State Fire Marshal, an agent of the division,
570 a firefighter, or a firesafety inspector is guilty of a felony
571 of the third degree, punishable as provided in ss. 775.082 and
572 775.083 or, if the impersonation occurs during the commission of
573 a separate felony by that person, commits is guilty of a felony
574 of the first degree, punishable as provided in ss. 775.082 and
575 775.083.
576 Section 12. Section 633.171, Florida Statutes, is
577 transferred and renumbered as section 633.124, Florida Statutes,
578 and subsections (1) and (2) and paragraph (b) of subsection (3)
579 of that section are amended, to read:
580 633.124 633.171 Penalty for violation of law, rule, or
581 order to cease and desist or for failure to comply with
582 corrective order.—
583 (1) A Any person who violates any provision of this chapter
584 law, any order or rule of the State Fire Marshal, or any order
585 to cease and desist or to correct conditions issued under this
586 chapter commits a misdemeanor of the second degree, punishable
587 as provided in s. 775.082 or s. 775.083.
588 (2) It is a misdemeanor of the first degree, punishable as
589 provided in s. 775.082 or s. 775.083, to intentionally or
590 willfully:
591 (a) Render a fire protection system, fire extinguisher, or
592 preengineered system required by statute or by rule inoperative
593 except while during such time as the fire protection system,
594 fire extinguisher, or preengineered system is being serviced,
595 hydrotested, tested, repaired, or recharged, except pursuant to
596 court order.
597 (b) Obliterate the serial number on a fire extinguisher for
598 purposes of falsifying service records.
599 (c) Improperly service, recharge, repair, hydrotest, test,
600 or inspect a fire extinguisher or preengineered system.
601 (d) Use the license, certificate, or permit number of
602 another person.
603 (e) Hold a license, certificate, or permit and allow
604 another person to use the license, certificate, or said permit
605 number.
606 (f) Use, or allow permit the use of, any license,
607 certificate, or permit by any individual or organization other
608 than the one to whom the license, certificate, or permit is
609 issued.
610 (3)
611 (b) A person who initiates a pyrotechnic display within any
612 structure commits a felony of the third degree, punishable as
613 provided in s. 775.082, s. 775.083, or s. 775.084, unless:
614 1. The structure has a fire protection system installed in
615 compliance with s. 633.334 633.065.
616 2. The owner of the structure has authorized in writing the
617 pyrotechnic display.
618 3. If the local jurisdiction requires a permit for the use
619 of a pyrotechnic display in an occupied structure, such permit
620 has been obtained and all conditions of the permit complied with
621 or, if the local jurisdiction does not require a permit for the
622 use of a pyrotechnic display in an occupied structure, the
623 person initiating the display has complied with National Fire
624 Protection Association, Inc., Standard 1126, 2001 Edition,
625 Standard for the Use of Pyrotechnics before a Proximate
626 Audience.
627 Section 13. Section 633.175, Florida Statutes, is
628 transferred and renumbered as section 633.126, Florida Statutes,
629 and subsections (1), (2), (3), (6), and (9) of that section are
630 amended, to read:
631 633.126 633.175 Investigation of fraudulent insurance
632 claims and crimes; immunity of insurance companies supplying
633 information.—
634 (1)(a) As used in this section, the term “consultant” means
635 any individual or entity, or employee of the individual or
636 entity, retained by an insurer to assist in the investigation of
637 a fire, explosion, or suspected fraudulent insurance act.
638 (b) The State Fire Marshal or an agent appointed pursuant
639 to s. 633.114 633.02, any law enforcement officer as defined in
640 s. 111.065, any law enforcement officer of a federal agency, or
641 any fire service provider department official who is engaged in
642 the investigation of a fire or explosion loss may request any
643 insurance company or its agent, adjuster, employee, or attorney,
644 investigating a claim under an insurance policy or contract with
645 respect to a fire or explosion to release any information
646 whatsoever in the possession of the insurance company or its
647 agent, adjuster, employee, or attorney relative to a loss from
648 that fire or explosion. The insurance company shall release the
649 available information to and cooperate with any official
650 authorized to request such information pursuant to this section.
651 The information shall include, but shall not be limited to:
652 1.(a) Any insurance policy relevant to a loss under
653 investigation and any application for such a policy.
654 2.(b) Any policy premium payment records.
655 3.(c) The records, reports, and all material pertaining to
656 any previous claims made by the insured with the reporting
657 company.
658 4.(d) Material relating to the investigation of the loss,
659 including statements of a any person, proof of loss, and other
660 relevant evidence.
661 5.(e) Memoranda, notes, and correspondence relating to the
662 investigation of the loss in the possession of the insurance
663 company or its agents, adjusters, employees, or attorneys.
664 (2) If an insurance company has reason to suspect that a
665 fire or explosion loss to its insured’s real or personal
666 property was caused by intentional incendiary means, the company
667 shall notify the State Fire Marshal and shall furnish her or him
668 with all material acquired by the company during the course of
669 its investigation. The State Fire Marshal may adopt rules to
670 implement this subsection.
671 (3) In the absence of fraud, bad faith, or malice, a no
672 representative of or consultant to an insurance company or of
673 the National Insurance Crime Bureau employed to adjust or
674 investigate losses caused by fire or explosion is not shall be
675 liable for damages in a civil action for furnishing information
676 concerning fires or explosion suspected to be other than
677 accidental to investigators employed by other insurance
678 companies or the National Insurance Crime Bureau.
679 (6) The actions of an insurance company or of its agents,
680 employees, adjusters, consultants, or attorneys, in complying
681 with the statutory obligation of this section may not shall in
682 no way be construed by a court as a waiver or abandonment of any
683 privilege or confidentiality of attorney work product, attorney
684 client communication, or such other privilege or immunity as is
685 provided by law.
686 (9) A Any person who willfully violates the provisions of
687 this section commits is guilty of a misdemeanor of the first
688 degree, punishable as provided in s. 775.082 or s. 775.083.
689 Section 14. Section 633.45, Florida Statutes, is
690 transferred, renumbered as section 633.128, Florida Statutes,
691 and amended to read:
692 633.128 633.45 Division of State Fire Marshal; powers,
693 duties.—
694 (1) The division shall:
695 (a) Establish, by rule, uniform minimum standards for the
696 employment and training of firefighters and volunteer
697 firefighters.
698 (b) Establish, by rule, minimum curriculum requirements and
699 criteria used to approve education or training providers,
700 including for schools operated by or for any fire service
701 provider, employing agency for the specific purpose of training
702 individuals seeking to become a firefighter recruits or
703 volunteer firefighter firefighters.
704 (c) Specify, by rule, standards for the approval, denial of
705 approval, probation, suspension, and revocation of approval of
706 education or training providers and facilities for training
707 firefighters and volunteer firefighters Approve institutions,
708 instructors, and facilities for school operation by or for any
709 employing agency for the specific purpose of training
710 firefighters and firefighter recruits.
711 (d) Specify, by rule, standards for the certification,
712 denial of certification, probation, and revocation of
713 certification for instructors, approval, denial of approval,
714 probation, and revocation of approval of institutions,
715 instructors, and facilities for training firefighters and
716 firefighter recruits; including a rule requiring each that an
717 instructor to must complete 40 hours of continuing education
718 every 4 3 years in order to maintain her or his certification
719 the approval of the department.
720 (e) Issue certificates of competency to persons who, by
721 reason of experience and completion of basic inservice training,
722 advanced education, or specialized training, are especially
723 qualified for particular aspects or classes of firefighting
724 firefighter duties.
725 (f) Establish, by rule, minimum training qualifications for
726 persons serving as firesafety coordinators for their respective
727 departments of state government and certify all persons who
728 satisfy such qualifications.
729 (g) Establish a uniform lesson plan to be followed by
730 firesafety instructors in the training of state employees in
731 firesafety and emergency evacuation procedures.
732 (h) Have complete jurisdiction over, and complete
733 management and control of, the Florida State Fire College and be
734 invested with full power and authority to make all rules and
735 regulations necessary for the governance of the said
736 institution.
737 (i) Appoint a superintendent of the Florida State Fire
738 College and such other instructors, experimental helpers, and
739 laborers as may be necessary and remove the same as in the
740 division’s its judgment and discretion may be best, fix their
741 compensation, and provide for their payment.
742 (j) Have full management, possession, and control of the
743 lands, buildings, structures, and property belonging to the
744 Florida State Fire College.
745 (k) Provide for the courses of study and curriculum of the
746 Florida State Fire College.
747 (l) Make rules and regulations for the admission of
748 trainees to the Florida State Fire College.
749 (m) Visit and inspect the Florida State Fire College and
750 every department thereof and provide for the proper keeping of
751 accounts and records thereof.
752 (n) Make and prepare all necessary budgets of expenditures
753 for the enlargement, proper furnishing, maintenance, support,
754 and conduct of the Florida State Fire College.
755 (o) Select and purchase all property, furniture, fixtures,
756 and paraphernalia necessary for the Florida State Fire College.
757 (p) Build, construct, change, enlarge, repair, and maintain
758 any and all buildings or structures of the Florida State Fire
759 College that may at any time be necessary for the said
760 institution and purchase and acquire all lands and property
761 necessary for same, of every nature and description whatsoever.
762 (q) Care for and maintain the Florida State Fire College
763 and do and perform every other matter or thing requisite to the
764 proper management, maintenance, support, and control of the said
765 institution, necessary or requisite to carry out fully the
766 purpose of this chapter act and for raising it to, and
767 maintaining it at, the proper efficiency and standard as
768 required in and by part IV the provisions of ss. 633.43-633.49.
769 (r) Issue a license, certificate, or permit of a specific
770 class to an individual who successfully completes the training,
771 education, and examination required under this chapter or by
772 rule for such class of license, certificate, or permit.
773 (2) The division, subject to the limitations and
774 restrictions elsewhere herein imposed in this chapter, may:
775 (a) Adopt rules and regulations for the administration of
776 this chapter ss. 633.30-633.49 pursuant to chapter 120.
777 (b) Adopt a seal and alter the same at its pleasure.
778 (c) Sue and be sued.
779 (d) Acquire any real or personal property by purchase,
780 gift, or donation, and have water rights.
781 (e) Exercise the right of eminent domain to acquire any
782 property and lands necessary to the establishment, operation,
783 and expansion of the Florida State Fire College.
784 (f) Make contracts and execute necessary or convenient
785 instruments.
786 (g) Undertake by contract or contracts, or by its own agent
787 and employees, and otherwise than by contract, any project or
788 projects, and operate and maintain such projects.
789 (h) Accept grants of money, materials, or property of any
790 kind from a federal agency, private agency, county,
791 municipality, city, town, corporation, partnership, or
792 individual upon such terms and conditions as the grantor may
793 impose.
794 (i) Perform all acts and do all things necessary or
795 convenient to carry out the powers granted herein and the
796 purposes of this chapter ss. 633.30-633.49.
797 (3) The title to all property referred to in part IV ss.
798 633.43-633.49, however acquired, shall be vested in the
799 department and shall only be transferred and conveyed by it.
800 Section 15. Section 633.132, Florida Statutes, is created
801 to read:
802 633.132 Fees.—
803 (1) The division shall collect in advance the following
804 fees that it deems necessary to be charged:
805 (a) Pursuant to part III of this chapter:
806 1. Contractor certificate initial application: $300 for
807 each class of certificate.
808 2. Contractor biennial renewal fee: $150 for each class of
809 certificate.
810 3. Contractor permit initial application fee: $100 for each
811 class of permit.
812 4. Contractor permit biennial renewal fee: $50 for each
813 class of permit.
814 5. Contractor examination or reexamination fee: $100 for
815 each class of certificate.
816 6. Fire equipment dealer license:
817 a. Class A: $250.
818 b. Class B: $150.
819 c. Class C: $150.
820 d. Class D: $200.
821 7. Fire equipment dealer or contractor application and
822 renewal fee for an inactive license: $75.
823 8. Fire equipment dealer license or permit exam or
824 reexamination: $50.
825 9. Reinspection fee for a dealer equipment inspection
826 conducted by the State Fire Marshal under s. 633.304(1): $50 for
827 each reinspection.
828 10. Permit for a portable fire extinguisher
829 installer/repairer/inspector: $90.
830 11. Permit for a preengineered fire extinguishing system
831 installer/repairer/inspector: $120.
832 12. Conversion of a fire equipment dealer’s license to a
833 different category: $10 for each permit and license.
834 (b) Pursuant to part IV of this chapter:
835 1. Certificate of compliance: $30.
836 2. Certificate of competency: $30.
837 3. Renewal fee for a certificate of compliance, competency,
838 or instruction: $15.
839 (c) Duplicate or change of address for any license, permit,
840 or certificate: $10.
841 (2) All moneys collected by the State Fire Marshal pursuant
842 to this chapter shall be deposited into the Insurance Regulatory
843 Trust Fund.
844 Section 16. Section 633.39, Florida Statutes, is
845 transferred and renumbered as section 633.134, Florida Statutes.
846 Section 17. Section 633.115, Florida Statutes, is
847 transferred, renumbered as section 633.136, Florida Statutes,
848 and amended to read:
849 633.136 633.115 Fire and Emergency Incident Information
850 Reporting Program; duties; fire reports.—
851 (1)(a) The Fire and Emergency Incident Information
852 Reporting Program is created within the division of State Fire
853 Marshal. The program shall:
854 1. Establish and maintain an electronic communication
855 system capable of transmitting fire and emergency incident
856 information to and between fire protection agencies.
857 2. Initiate a Fire and Emergency Incident Information
858 Reporting System that shall be responsible for:
859 a. Receiving fire and emergency incident information from
860 fire protection agencies.
861 b. Preparing and disseminating annual reports to the
862 Governor, the President of the Senate, the Speaker of the House
863 of Representatives, fire protection agencies, and, upon request,
864 the public. Each report shall include, but not be limited to,
865 the information listed in the National Fire Incident Reporting
866 System.
867 c. Upon request, providing other states and federal
868 agencies with fire and emergency incident data of this state.
869 3. Adopt rules to effectively and efficiently implement,
870 administer, manage, maintain, and use the Fire and Emergency
871 Incident Information Reporting Program. The rules shall be
872 considered minimum requirements and shall not preclude a fire
873 protection agency from implementing its own requirements which
874 may shall not conflict with the rules of the division of State
875 Fire Marshal.
876 4. By rule, establish procedures and a format for each fire
877 protection agency to voluntarily monitor its records and submit
878 reports to the program.
879 5. Establish an electronic information database that which
880 is accessible and searchable by fire protection agencies.
881 (b) The division of State Fire Marshal shall consult with
882 the Florida Forest Service of the Department of Agriculture and
883 Consumer Services and the State Surgeon General of the
884 Department of Health to coordinate data, ensure accuracy of the
885 data, and limit duplication of efforts in data collection,
886 analysis, and reporting.
887 (2) The Fire and Emergency Incident Information System
888 Technical Advisory Panel is created within the division of State
889 Fire Marshal. The panel shall advise, review, and recommend to
890 the State Fire Marshal with respect to the requirements of this
891 section. The membership of the panel shall consist of the
892 following 15 members:
893 (a) The current 13 members of the Firefighters Employment,
894 Standards, and Training Council as established in s. 633.402
895 633.31.
896 (b) One member from the Florida Forest Service of the
897 Department of Agriculture and Consumer Services, appointed by
898 the director of the Florida Forest Service.
899 (c) One member from the Department of Health, appointed by
900 the State Surgeon General.
901 (3) For the purpose of this section, the term “fire
902 protection agency” shall be defined by rule by the division of
903 State Fire Marshal.
904 Section 18. Section 633.138, Florida Statutes, is created
905 to read:
906 633.138 Notice of change of address of record; notice of
907 felony actions.—
908 (1) Any individual issued a license, permit, or certificate
909 under this chapter shall notify the division in writing of any
910 changes to her or his current mailing address, e-mail address,
911 and place of practice as specified in rule adopted by the
912 division.
913 (2) Notwithstanding any other provision of law, delivery by
914 regular mail or e-mail to a licensee, permittee, or
915 certificateholder, using the last known mailing address or e
916 mail address on record with the division, constitutes adequate
917 and sufficient notice to the licensee, permittee, or
918 certificateholder of any official communication by the division.
919 (3) Any individual issued a license, permit, or certificate
920 under this chapter shall notify the division in writing within
921 30 days after pleading guilty or nolo contendere to, or being
922 convicted or found guilty of, any felony or a crime punishable
923 by imprisonment of 1 year or more under the law of the United
924 States or of any state thereof, or under the law of any other
925 country, without regard to whether a judgment of conviction has
926 been entered by the court having jurisdiction of the case.
927 Section 19. Section 633.042, Florida Statutes, is
928 transferred and renumbered as section 633.142, Florida Statutes,
929 and subsection (11) of that section is amended, to read:
930 633.142 633.042 Reduced Cigarette Ignition Propensity
931 Standard and Firefighter Protection Act; preemption.—
932 (11) PREEMPTION.—
933 (a) This section shall be repealed if a federal reduced
934 cigarette ignition propensity standard that preempts this
935 section is adopted and becomes effective.
936 (b) Notwithstanding any other provision of law, local
937 governmental units of this state may not enact or enforce any
938 ordinance or other local law or rule conflicting with, or
939 preempted by, any provision of this act or any policy of this
940 state expressed by this act, whether that policy be expressed by
941 inclusion of a provision in this act or by exclusion of that
942 subject from this act.
943 Section 20. The Division of Law Revision and Information is
944 requested to create part II of chapter 633, Florida Statutes,
945 consisting of sections 633.202, 633.204, 633.206, 633.208,
946 633.212, 633.214, 633.216, 633.218, 633.222, 633.224, 633.226,
947 and 633.228, Florida Statutes, to be entitled “Fire Safety and
948 Prevention.”
949 Section 21. Section 633.0215, Florida Statutes, is
950 transferred and renumbered as section 633.202, Florida Statutes,
951 and subsections (2), (4), (7), (9), (10), and (12) through (15)
952 of that section are amended, to read:
953 633.202 633.0215 Florida Fire Prevention Code.—
954 (2) The State Fire Marshal shall adopt the current edition
955 of the National Fire Protection Association’s Standard 1, Fire
956 Prevention Code but may shall not adopt a building, mechanical,
957 or plumbing code. The State Fire Marshal shall adopt the current
958 edition of the Life Safety Code, NFPA Pamphlet 101, current
959 editions, by reference. The State Fire Marshal may modify the
960 selected codes and standards as needed to accommodate the
961 specific needs of the state. Standards or criteria in the
962 selected codes shall be similarly incorporated by reference. The
963 State Fire Marshal shall incorporate within sections of the
964 Florida Fire Prevention Code provisions that address uniform
965 firesafety standards as established in s. 633.206 633.022. The
966 State Fire Marshal shall incorporate within sections of the
967 Florida Fire Prevention Code provisions addressing regional and
968 local concerns and variations.
969 (4) The State Fire Marshal shall update, by rule adopted
970 pursuant to ss. 120.536(1) and 120.54, the Florida Fire
971 Prevention Code every 3 years. Once initially adopted and
972 subsequently updated, the Florida Fire Prevention Code and the
973 Life Safety Code shall be adopted for use statewide without
974 adoptions by local governments. When updating the Florida Fire
975 Prevention Code and the most recent edition of the Life Safety
976 Code, the State Fire Marshal shall consider changes made by the
977 national model fire codes incorporated into the Florida Fire
978 Prevention Code, the State Fire Marshal’s own interpretations,
979 declaratory statements, appellate decisions, and approved
980 statewide and local technical amendments.
981 (7) Any local amendment adopted by a local government must
982 strengthen the Fire Prevention Code requirements of the minimum
983 firesafety code.
984 (9) The State Fire Marshal shall make rules that implement
985 this section and ss. 633.104 and 633.208 633.01 and 633.025 for
986 the purpose of accomplishing the objectives set forth in those
987 sections.
988 (10) Notwithstanding other provisions of this chapter, if a
989 county or a municipality within that county adopts an ordinance
990 providing for a local amendment to the Florida Fire Prevention
991 Code and that amendment provides a higher level of protection to
992 the public than the level specified in the Florida Fire
993 Prevention Code, the local amendment becomes effective without
994 approval of the State Fire Marshal and is not rescinded pursuant
995 to the provisions of this section, provided that the ordinance
996 meets one or more of the following criteria:
997 (a) The local authority has adopted, by ordinance, a fire
998 service facilities and operation plan that outlines goals and
999 objectives for related equipment, personnel, and capital
1000 improvement needs of the local authority related to the specific
1001 amendment for the next 5 years;
1002 (b) The local authority has adopted, by ordinance, a
1003 provision requiring proportionate reduction in, or rebate or
1004 waivers of, impact or other fees or assessments levied on
1005 buildings that are built or modified in compliance with the more
1006 stringent firesafety standards required by the local amendment;
1007 or
1008 (c) The local authority has adopted, by ordinance, a growth
1009 management plan that requires buildings and structures to be
1010 equipped with more stringent firesafety requirements required by
1011 the local amendment when these firesafety requirements are used
1012 as the basis for planning infrastructure development, uses, or
1013 housing densities.
1014
1015 Except as provided in s. 633.206 633.022, the local appeals
1016 process shall be the venue if there is a dispute between parties
1017 affected by the provisions of the more stringent local
1018 firesafety amendment adopted as part of the Florida Fire
1019 Prevention Code pursuant to the authority in this subsection.
1020 Local amendments adopted pursuant to this subsection shall be
1021 deemed local or regional variations and published as such in the
1022 Florida Fire Prevention Code. The act of publishing locally
1023 adopted firesafety amendments to the Florida Fire Prevention
1024 Code may shall not be construed to mean that the State Fire
1025 Marshal approves or denies the authenticity or appropriateness
1026 of the locally adopted firesafety provision, and the burden of
1027 protecting the local firesafety amendment remains solely with
1028 the adopting local governmental authority.
1029 (12) Notwithstanding other provisions of this section, the
1030 State Fire Marshal shall study the use of managed, facilities
1031 based, voice-over-Internet-protocol telephone service for
1032 monitoring fire alarm signals. If the study determines that
1033 voice-over-Internet-protocol telephone service technology
1034 provides a level of protection equivalent to that required by
1035 NFPA 72: National Fire Alarm Code, the State Fire Marshal shall
1036 initiate rulemaking pursuant to ss. 120.536(1) and 120.54 by
1037 December 1, 2008, to allow the use of this technology as an
1038 additional method of monitoring fire alarm systems.
1039 (12)(13)(a) The State Fire Marshal shall issue an expedited
1040 declaratory statement relating to interpretations of provisions
1041 of the Florida Fire Prevention Code according to the following
1042 guidelines:
1043 1. The declaratory statement shall be rendered in
1044 accordance with s. 120.565, except that a final decision must be
1045 issued by the State Fire Marshal within 45 days after the
1046 division’s receipt of a petition seeking an expedited
1047 declaratory statement. The State Fire Marshal shall give notice
1048 of the petition and the expedited declaratory statement or the
1049 denial of the petition in the next available issue of the
1050 Florida Administrative Register Weekly after the petition is
1051 filed and after the statement or denial is rendered.
1052 2. The petitioner must be the owner of the disputed project
1053 or the owner’s representative.
1054 3. The petition for an expedited declaratory statement must
1055 be:
1056 a. Related to an active project that is under construction
1057 or must have been submitted for a permit.
1058 b. The subject of a written notice citing a specific
1059 provision of the Florida Fire Prevention Code which is in
1060 dispute.
1061 c. Limited to a single question that is capable of being
1062 answered with a “yes” or “no” response.
1063 (b) A petition for a declaratory statement which does not
1064 meet all of the requirements of this subsection must be denied
1065 without prejudice. This subsection does not affect the right of
1066 the petitioner as a substantially affected person to seek a
1067 declaratory statement under s. 633.104(6) 633.01(6).
1068 (13)(14) A condominium, cooperative, or multifamily
1069 residential building that is less than four stories in height
1070 and has an exterior corridor providing a means of egress is
1071 exempt from installing a manual fire alarm system as required in
1072 s. 9.6 of the most recent edition of the Life Safety Code
1073 adopted in the Florida Fire Prevention Code. This is intended to
1074 clarify existing law.
1075 (14)(15) The Legislature finds that the electronic filing
1076 of construction plans will increase governmental efficiency,
1077 reduce costs, and increase timeliness of processing permits. If
1078 the fire code administrator or fire official provides for
1079 electronic filing, any construction plans, drawings,
1080 specifications, reports, final documents, or documents prepared
1081 or issued by a licensee may be dated and electronically signed
1082 and sealed by the licensee in accordance with part I of chapter
1083 668, and may be transmitted electronically to the fire code
1084 administrator or fire official for approval.
1085 Section 22. Section 633.72, Florida Statutes, is
1086 transferred, renumbered as section 633.204, Florida Statutes,
1087 and amended to read:
1088 633.204 633.72 Florida Fire Code Advisory Council.—
1089 (1) There is created within the department the Florida Fire
1090 Code Advisory Council with 11 members appointed by the State
1091 Fire Marshal. The council shall advise and recommend to the
1092 State Fire Marshal changes to and interpretation of the uniform
1093 firesafety standards adopted under s. 633.206 633.022, the
1094 Florida Fire Prevention Code, and those portions of the Florida
1095 Fire Prevention Code that have the effect of conflicting with
1096 building construction standards that are adopted pursuant to ss.
1097 633.202 and 633.206 633.0215 and 633.022. The members of the
1098 council shall represent the following groups and professions:
1099 (a) One member shall be the State Fire Marshal, or his or
1100 her designated appointee who shall be an administrative employee
1101 of the marshal.;
1102 (b) One member shall be an administrative officer from a
1103 fire department representing a municipality, or a county, or a
1104 special district selected from a list of persons submitted by
1105 the Florida Fire Chiefs Association.;
1106 (c) One member shall be an architect licensed in the state
1107 selected from a list of persons submitted by the Florida
1108 Association/American Institute of Architects.;
1109 (d) One member shall be an engineer with fire protection
1110 design experience registered to practice in the state selected
1111 from a list of persons submitted by the Florida Engineering
1112 Society.;
1113 (e) One member shall be an administrative officer from a
1114 building department of a county or municipality selected from a
1115 list of persons submitted by the Building Officials Association
1116 of Florida.;
1117 (f) One member shall be a contractor licensed in the state
1118 selected from a list submitted by the Florida Home Builders
1119 Association.;
1120 (g) One member shall be a Florida certified firefighter
1121 selected from a list submitted by the Florida Professional
1122 Firefighters’ Association.;
1123 (h) One member shall be a Florida certified firesafety
1124 municipal fire inspector selected from a list submitted by the
1125 Florida Fire Marshals’ and Inspectors’ Marshal’s Association.;
1126 (i) One member shall be selected from a list submitted by
1127 the Department of Education.;
1128 (j) One member shall be selected from a list submitted by
1129 the Chancellor of the State University System.; and
1130 (k) One member shall be representative of the general
1131 public.
1132 (2) The State Fire Marshal and the Florida Building
1133 Commission shall coordinate efforts to provide consistency
1134 between the Florida Building Code and the Florida Fire
1135 Prevention Code and the Life Safety Code.
1136 (3) The council shall meet at least semiannually to advise
1137 the State Fire Marshal’s Office on matters subject to this
1138 section.
1139 (4) The council may review proposed changes to the Florida
1140 Fire Prevention Code and the uniform firesafety standards
1141 pursuant to s. 633.202(4).
1142 (5)(3) The council and Florida Building Commission shall
1143 cooperate through joint representation and coordination of codes
1144 and standards to resolve conflicts in their development,
1145 updating, and interpretation.
1146 (6)(4) Each appointee shall serve a 4-year term. No member
1147 shall serve more than two consecutive terms. A No member of the
1148 council may not shall be paid a salary as such member, but each
1149 shall receive travel and expense reimbursement as provided in s.
1150 112.061.
1151 Section 23. Section 633.022, Florida Statutes, is
1152 transferred and renumbered as section 633.206, Florida Statutes,
1153 and subsection (1) and paragraph (a) of subsection (4) of that
1154 section are amended, to read:
1155 633.206 633.022 Uniform firesafety standards.—The
1156 Legislature hereby determines that to protect the public health,
1157 safety, and welfare it is necessary to provide for firesafety
1158 standards governing the construction and utilization of certain
1159 buildings and structures. The Legislature further determines
1160 that certain buildings or structures, due to their specialized
1161 use or to the special characteristics of the person utilizing or
1162 occupying these buildings or structures, should be subject to
1163 firesafety standards reflecting these special needs as may be
1164 appropriate.
1165 (1) The department shall establish uniform firesafety
1166 standards that apply to:
1167 (a) All new, existing, and proposed state-owned and state
1168 leased buildings.
1169 (b) All new, existing, and proposed hospitals, nursing
1170 homes, assisted living facilities, adult family-care homes,
1171 correctional facilities, public schools, transient public
1172 lodging establishments, public food service establishments,
1173 elevators, migrant labor camps, mobile home parks, lodging
1174 parks, recreational vehicle parks, recreational camps,
1175 residential and nonresidential child care facilities, facilities
1176 for the developmentally disabled, motion picture and television
1177 special effects productions, tunnels, and self-service gasoline
1178 stations, of which standards the State Fire Marshal is the final
1179 administrative interpreting authority.
1180
1181 In the event there is a dispute between the owners of the
1182 buildings specified in paragraph (b) and a local authority
1183 requiring a more stringent uniform firesafety standard for
1184 sprinkler systems, the State Fire Marshal shall be the final
1185 administrative interpreting authority and the State Fire
1186 Marshal’s interpretation regarding the uniform firesafety
1187 standards shall be considered final agency action.
1188 (4)(a) Notwithstanding any provision of law to the
1189 contrary, each nursing home licensed under part II of chapter
1190 400 shall be protected throughout by an approved, supervised
1191 automatic sprinkler system in accordance with s. 9 of National
1192 Fire Protection Association, Inc., Life Safety Code, no later
1193 than December 31, 2010. A nursing home licensee shall submit
1194 complete sprinkler construction documents to the Agency for
1195 Health Care Administration for review by December 31, 2008, and
1196 the licensee must gain final approval to start construction from
1197 the agency by June 30, 2009. The agency shall grant a 6-month
1198 extension to a nursing home licensee if the completion and
1199 submission of the sprinkler construction documents are
1200 contingent upon the approval of the application for the loan
1201 guarantee program authorized under s. 633.0245. In such case,
1202 the agency may extend the deadline for final approval to begin
1203 construction beyond June 30, 2009, but the deadline may not be
1204 extended beyond December 31, 2009.
1205 Section 24. Section 633.025, Florida Statutes, is
1206 transferred, renumbered as section 633.208, Florida Statutes,
1207 and amended to read:
1208 633.208 633.025 Minimum firesafety standards.—
1209 (1) The Florida Fire Prevention Code and the Life Safety
1210 Code adopted by the State Fire Marshal, which shall operate in
1211 conjunction with the Florida Building Code, shall be deemed
1212 adopted by each municipality, county, and special district with
1213 firesafety responsibilities. The minimum firesafety codes do
1214 shall not apply to buildings and structures subject to the
1215 uniform firesafety standards under s. 633.206 633.022 and
1216 buildings and structures subject to the minimum firesafety
1217 standards adopted pursuant to s. 394.879.
1218 (2) Pursuant to subsection (1), each municipality, county,
1219 and special district with firesafety responsibilities shall
1220 enforce the Florida Fire Prevention Code and the Life Safety
1221 Code as the minimum firesafety code required by this section.
1222 (3) The most current edition of the National Fire
1223 Protection Association (NFPA) 101, Life Safety Code, adopted by
1224 the State Fire Marshal, shall be deemed to be adopted by each
1225 municipality, county, and special district with firesafety
1226 responsibilities as part of the minimum firesafety code.
1227 (3)(4) Such code codes shall be a minimum code codes and a
1228 municipality, county, or special district with firesafety
1229 responsibilities may adopt more stringent firesafety standards,
1230 subject to the requirements of this subsection. Such county,
1231 municipality, or special district may establish alternative
1232 requirements to those requirements which are required under the
1233 minimum firesafety standards on a case-by-case basis, in order
1234 to meet special situations arising from historic, geographic, or
1235 unusual conditions, if the alternative requirements result in a
1236 level of protection to life, safety, or property equal to or
1237 greater than the applicable minimum firesafety standards. For
1238 the purpose of this subsection, the term “historic” means that
1239 the building or structure is listed on the National Register of
1240 Historic Places of the United States Department of the Interior.
1241 (a) The local governing body shall determine, following a
1242 public hearing which has been advertised in a newspaper of
1243 general circulation at least 10 days before the hearing, if
1244 there is a need to strengthen the requirements of the minimum
1245 firesafety code adopted by such governing body. The
1246 determination must be based upon a review of local conditions by
1247 the local governing body, which review demonstrates that local
1248 conditions justify more stringent requirements than those
1249 specified in the minimum firesafety code for the protection of
1250 life and property or justify requirements that meet special
1251 situations arising from historic, geographic, or unusual
1252 conditions.
1253 (b) Such additional requirements may shall not be
1254 discriminatory as to materials, products, or construction
1255 techniques of demonstrated capabilities.
1256 (c) Paragraphs (a) and (b) apply solely to the local
1257 enforcing agency’s adoption of requirements more stringent than
1258 those specified in the Florida Fire Prevention Code and the Life
1259 Safety Code that have the effect of amending building
1260 construction standards. Upon request, the enforcing agency must
1261 shall provide a person making application for a building permit,
1262 or any state agency or board with construction-related
1263 regulation responsibilities, a listing of all such requirements
1264 and codes.
1265 (d) A local government which adopts amendments to the
1266 minimum firesafety code must provide a procedure by which the
1267 validity of such amendments may be challenged by any
1268 substantially affected party to test the amendment’s compliance
1269 with the provisions of this section.
1270 1. Unless the local government agrees to stay enforcement
1271 of the amendment, or other good cause is shown, the challenging
1272 party shall be entitled to a hearing on the challenge within 45
1273 days.
1274 2. For purposes of such challenge, the burden of proof
1275 shall be on the challenging party, but the amendment may shall
1276 not be presumed to be valid or invalid.
1277
1278 This subsection gives local government the authority to
1279 establish firesafety codes that exceed the Florida Fire
1280 Prevention Code minimum firesafety codes and standards adopted
1281 by the State Fire Marshal. The Legislature intends that local
1282 government give proper public notice and hold public hearings
1283 before adopting more stringent firesafety codes and standards. A
1284 substantially affected person may appeal, to the department, the
1285 local government’s resolution of the challenge, and the
1286 department shall determine if the amendment complies with this
1287 section. Actions of the department are subject to judicial
1288 review pursuant to s. 120.68. The department shall consider
1289 reports of the Florida Building Commission, pursuant to part IV
1290 of chapter 553, when evaluating building code enforcement.
1291 (4)(5) The new building or structure provisions enumerated
1292 within the Florida Fire Prevention Code firesafety code adopted
1293 pursuant to this section shall apply only to buildings or
1294 structures for which the building permit is issued on or after
1295 the effective date of the current edition of the Florida Fire
1296 Prevention Code this act. Subject to the provisions of
1297 subsection (5) (6), the existing building or structure
1298 provisions enumerated within the firesafety code adopted
1299 pursuant to this section shall apply to buildings or structures
1300 for which the building permit was issued or the building or
1301 structure was constructed before prior to the effective date of
1302 this act.
1303 (5)(6) With regard to existing buildings, the Legislature
1304 recognizes that it is not always practical to apply any or all
1305 of the provisions of the Florida Fire Prevention Code minimum
1306 firesafety code and that physical limitations may require
1307 disproportionate effort or expense with little increase in fire
1308 or life safety lifesafety. Prior to applying the minimum
1309 firesafety code to an existing building, the local fire official
1310 shall determine that a threat to lifesafety or property exists.
1311 If a threat to lifesafety or property exists, the fire official
1312 shall apply the applicable firesafety code for existing
1313 buildings to the extent practical to assure a reasonable degree
1314 of lifesafety and safety of property or the fire official shall
1315 fashion a reasonable alternative which affords an equivalent
1316 degree of lifesafety and safety of property. The decision of the
1317 local fire official may be appealed to the local administrative
1318 board described in s. 553.73.
1319 (6)(7) Nothing herein shall preclude a municipality,
1320 county, or special district from requiring a structure to be
1321 maintained in accordance with the Florida Fire Prevention Code
1322 applicable firesafety code.
1323 (7)(8) Electrically operated single station smoke detectors
1324 required for residential buildings are not required to be
1325 interconnected within individual living units in all buildings
1326 having direct access to the outside from each living unit and
1327 having three stories or less. This subsection does not apply to
1328 any residential building required to have a manual or an
1329 automatic fire alarm system.
1330 (8)(9) The provisions of the Life Safety Code, as contained
1331 in the Florida Fire Prevention Code, do shall not apply to newly
1332 constructed one-family and two-family dwellings. However, fire
1333 sprinkler protection may be permitted by local government in
1334 lieu of other fire protection-related development requirements
1335 for such structures. While local governments may adopt fire
1336 sprinkler requirements for one- and two-family dwellings under
1337 this subsection, it is the intent of the Legislature that the
1338 economic consequences of the fire sprinkler mandate on home
1339 owners be studied before the enactment of such a requirement.
1340 After the effective date of this act, any local government that
1341 desires to adopt a fire sprinkler requirement on one- or two
1342 family dwellings must prepare an economic cost and benefit
1343 report that analyzes the application of fire sprinklers to one-
1344 or two-family dwellings or any proposed residential subdivision.
1345 The report must consider the tradeoffs and specific cost savings
1346 and benefits of fire sprinklers for future owners of property.
1347 The report must include an assessment of the cost savings from
1348 any reduced or eliminated impact fees if applicable, the
1349 reduction in special fire district tax, insurance fees, and
1350 other taxes or fees imposed, and the waiver of certain
1351 infrastructure requirements including the reduction of roadway
1352 widths, the reduction of water line sizes, increased fire
1353 hydrant spacing, increased dead-end roadway length and a
1354 reduction in cul-de-sac sizes relative to the costs from fire
1355 sprinkling. A failure to prepare an economic report shall result
1356 in the invalidation of the fire sprinkler requirement to any
1357 one- or two-family dwelling or any proposed subdivision. In
1358 addition, a local jurisdiction or utility may not charge any
1359 additional fee, above what is charged to a non-fire sprinklered
1360 dwelling, on the basis that a one- or two-family dwelling unit
1361 is protected by a fire sprinkler system.
1362 (9)(10) Before imposing a fire sprinkler requirement on any
1363 one- or two-family dwelling, a local government must provide the
1364 owner of any one- or two-family dwelling a letter documenting
1365 specific infrastructure or other tax or fee allowances and
1366 waivers that are listed in but not limited to those described in
1367 subsection (8) (9) for the dwelling. The documentation must show
1368 that the cost savings reasonably approximate the cost of the
1369 purchase and installation of a fire protection system.
1370 (10)(11) Notwithstanding the provisions of subsection (8)
1371 (9), a property owner may shall not be required to install fire
1372 sprinklers in any residential property based upon the use of
1373 such property as a rental property or any change in or
1374 reclassification of the property’s primary use to a rental
1375 property.
1376 Section 25. Section 633.026, Florida Statutes, is
1377 transferred, renumbered as section 633.212, Florida Statutes,
1378 and amended to read:
1379 633.212 633.026 Legislative intent; informal
1380 interpretations of the Florida Fire Prevention Code.—It is the
1381 intent of the Legislature that the Florida Fire Prevention Code
1382 be interpreted by fire officials and local enforcement agencies
1383 in a manner that reasonably and cost-effectively protects the
1384 public safety, health, and welfare; ensures uniform
1385 interpretations throughout this state; and provides just and
1386 expeditious processes for resolving disputes regarding such
1387 interpretations. It is the further intent of the Legislature
1388 that such processes provide for the expeditious resolution of
1389 the issues presented and that the resulting interpretation of
1390 such issues be published on the website of the division of State
1391 Fire Marshal.
1392 (1) The division of State Fire Marshal shall by rule
1393 establish an informal process of rendering nonbinding
1394 interpretations of the Florida Fire Prevention Code. The
1395 division of State Fire Marshal may contract with and refer
1396 interpretive issues to a third party, selected based upon cost
1397 effectiveness, quality of services to be performed, and other
1398 performance-based criteria, which has experience in interpreting
1399 and enforcing the Florida Fire Prevention Code. It is the intent
1400 of the Legislature that the division of State Fire Marshal
1401 establish a Fire Code Interpretation Committee composed of seven
1402 persons and seven alternates, equally representing each area of
1403 the state, to which a party can pose questions regarding the
1404 interpretation of the Florida Fire Prevention Code provisions.
1405 The alternate member may respond to a nonbinding interpretation
1406 if the member notifies the Fire Code Interpretation Committee
1407 that he or she is unable to respond.
1408 (2) Each member and alternate member of the Fire Code
1409 Interpretation Committee must be certified as a firesafety
1410 inspector pursuant to s. 633.216(2) 633.081(2) and must have a
1411 minimum of 5 years of experience interpreting and enforcing the
1412 Florida Fire Prevention Code and the Life Safety Code. Each
1413 member and alternate member must be approved by the division of
1414 State Fire Marshal and deemed by the division to have met these
1415 requirements for at least 30 days before participating in a
1416 review of a nonbinding interpretation.
1417 (3) Each nonbinding interpretation of code provisions must
1418 be provided within 15 10 business days after receipt of a
1419 request for interpretation. The response period established in
1420 this subsection may be waived only with the written consent of
1421 the party requesting the nonbinding interpretation and the
1422 division of State Fire Marshal. Nonbinding interpretations shall
1423 be advisory only and nonbinding on the parties or the State Fire
1424 Marshal.
1425 (4) In order to administer this section, the division of
1426 State Fire Marshal shall charge a fee for nonbinding
1427 interpretations. The fee may not exceed $150 for each request
1428 for a review or interpretation. The division may authorize
1429 payment of fees directly to the nonprofit organization under
1430 contract pursuant to subsection (1).
1431 (5) A party requesting a nonbinding interpretation who
1432 disagrees with the interpretation issued under this section may
1433 apply for a declaratory statement formal interpretation from the
1434 State Fire Marshal pursuant to s. 633.104(6) 633.01(6).
1435 (6) The division of State Fire Marshal shall issue or cause
1436 to be issued a nonbinding interpretation of the Florida Fire
1437 Prevention Code pursuant to this section when requested to do so
1438 upon submission of a petition by a fire official or by the owner
1439 or owner’s representative or the contractor or contractor’s
1440 representative of a project in dispute. The division shall adopt
1441 a petition form by rule, and the petition form must be published
1442 on the State Fire Marshal’s website. The form must shall, at a
1443 minimum, require:
1444 (a) The name and address of the local fire official,
1445 including the address of the county, municipality, or special
1446 district.
1447 (b) The name and address of the owner or owner’s
1448 representative or the contractor or contractor’s representative.
1449 (c) A statement of the specific sections of the Florida
1450 Fire Prevention Code being interpreted by the local fire
1451 official.
1452 (d) An explanation of how the petitioner’s substantial
1453 interests are being affected by the local interpretation of the
1454 Florida Fire Prevention Code.
1455 (e) A statement of the interpretation of the specific
1456 sections of the Florida Fire Prevention Code by the local fire
1457 official.
1458 (f) A statement of the interpretation that the petitioner
1459 contends should be given to the specific sections of the Florida
1460 Fire Prevention Code and a statement supporting the petitioner’s
1461 interpretation.
1462 (g) A single question that is capable of being answered
1463 with a “yes” or “no” response.
1464 (7) Upon receipt of a petition that meets the requirements
1465 of subsection (6), the division of State Fire Marshal shall
1466 immediately provide copies of the petition to the Fire Code
1467 Interpretation Committee, and shall publish the petition and any
1468 response submitted by the local fire official on the State Fire
1469 Marshal’s website.
1470 (8) The committee shall conduct proceedings as necessary to
1471 resolve the issues and give due regard to the petition, the
1472 facts of the matter at issue, specific code sections cited, and
1473 any statutory implications affecting the Florida Fire Prevention
1474 Code. The committee shall issue an interpretation regarding the
1475 provisions of the Florida Fire Prevention Code within 15 10 days
1476 after the filing of a petition. The committee shall issue an
1477 interpretation based upon the Florida Fire Prevention Code or,
1478 if the code is ambiguous, the intent of the code. The
1479 committee’s interpretation shall be provided to the petitioner
1480 and shall include a notice that if the petitioner disagrees with
1481 the interpretation, the petitioner may file a request for a
1482 declaratory statement formal interpretation by the State Fire
1483 Marshal under s. 633.104(6) 633.01(6). The committee’s
1484 interpretation shall be provided to the State Fire Marshal, and
1485 the division shall publish the declaratory statement
1486 interpretation on the State Fire Marshal’s website and in the
1487 Florida Administrative Register Weekly.
1488 Section 26. Section 633.052, Florida Statutes, is
1489 transferred and renumbered as section 633.214, Florida Statutes,
1490 and paragraphs (a) and (b) of subsection (1), paragraph (d) of
1491 subsection (2), and subsections (3) and (4) of that section are
1492 amended, to read:
1493 633.214 633.052 Ordinances relating to firesafety;
1494 definitions; penalties.—
1495 (1) As used in this section:
1496 (a) A “firesafety inspector” is an individual certified by
1497 the division of State Fire Marshal, officially assigned the
1498 duties of conducting firesafety inspections of buildings and
1499 facilities on a recurring or regular basis, investigating civil
1500 infractions relating to firesafety, and issuing citations
1501 pursuant to this section on behalf of the state or any county,
1502 municipality, or special district with firesafety
1503 responsibilities.
1504 (b) “Citation” means a written notice, issued only after a
1505 written warning has been previously issued and a minimum time
1506 period of 45 days, except for major structural changes, which
1507 may be corrected within an extended adequate period of time,
1508 from the date of the issuance of the warning whereby the party
1509 warned may correct the alleged violation, issued to a person by
1510 a firesafety inspector, that the firesafety inspector has
1511 probable cause to believe that the person has committed a civil
1512 infraction in violation of a duly enacted ordinance and that the
1513 county court will hear the charge. The citation must shall
1514 contain:
1515 1. The date and time of issuance.
1516 2. The name and address of the person.
1517 3. The date and time the civil infraction was committed.
1518 4. The facts constituting probable cause.
1519 5. The Florida Fire Prevention Code ordinance violated.
1520 6. The name and authority of the firesafety inspector
1521 officer.
1522 7. The procedure for the person to follow in order to pay
1523 the civil penalty or to contest the citation.
1524 8. The applicable civil penalty if the person elects to
1525 contest the citation.
1526 9. The applicable civil penalty if the person elects not to
1527 contest the citation.
1528 10. A conspicuous statement that if the person fails to pay
1529 the civil penalty within the time allowed or fails to appear in
1530 court to contest the citation, then she or he shall be deemed to
1531 have waived her or his right to contest the citation and that,
1532 in such case, judgment may be entered against the person for an
1533 amount up to the maximum civil penalty.
1534 (2) A county or municipality that has created a code
1535 enforcement board or special magistrate system pursuant to
1536 chapter 162 may enforce firesafety code violations as provided
1537 in chapter 162. The governing body of a county or municipality
1538 which has not created a code enforcement board or special
1539 magistrate system for firesafety under chapter 162 may is
1540 authorized to enact ordinances relating to firesafety codes,
1541 which ordinances shall provide:
1542 (d) For the issuance of a citation by an officer who has
1543 probable cause to believe that a person has committed a
1544 violation of an ordinance relating to firesafety or the Florida
1545 Fire Prevention Code.
1546 (3) A person Any person who willfully refuses to sign and
1547 accept a citation issued by a firesafety inspector commits shall
1548 be guilty of a misdemeanor of the second degree, punishable as
1549 provided in s. 775.082 or s. 775.083.
1550 (4) Nothing contained in This section does not shall
1551 prevent any county, or municipality, or special district from
1552 enacting any ordinance relating to firesafety codes which is
1553 identical to the provisions of this chapter or any state law,
1554 except as to penalty; however, a no county, or municipal, or
1555 special district ordinance relating to firesafety codes may not
1556 shall conflict with the provisions of this chapter or any other
1557 state law.
1558 Section 27. Section 633.081, Florida Statutes, is
1559 transferred and renumbered as section 633.216, Florida Statutes,
1560 a new subsection (6) is added to that section, and present
1561 subsections (1) and (2), paragraph (c) of subsection (3), and
1562 subsections (4) through (9) of that section are amended, to
1563 read:
1564 633.216 633.081 Inspection of buildings and equipment;
1565 orders; firesafety inspection training requirements;
1566 certification; disciplinary action.—The State Fire Marshal and
1567 her or his agents or persons authorized to enforce laws and
1568 rules of the State Fire Marshal shall, at any reasonable hour,
1569 when the State Fire Marshal has reasonable cause to believe that
1570 a violation of this chapter or s. 509.215, or a rule adopted
1571 promulgated thereunder, or a minimum firesafety code adopted by
1572 the State Fire Marshal or a local authority, may exist, inspect
1573 any and all buildings and structures which are subject to the
1574 requirements of this chapter or s. 509.215 and rules adopted
1575 promulgated thereunder. The authority to inspect shall extend to
1576 all equipment, vehicles, and chemicals which are located on or
1577 within the premises of any such building or structure.
1578 (1) Each county, municipality, and special district that
1579 has firesafety enforcement responsibilities shall employ or
1580 contract with a firesafety inspector. Except as provided in s.
1581 633.312(2) and (3) 633.082(2), the firesafety inspector must
1582 conduct all firesafety inspections that are required by law. The
1583 governing body of a county, municipality, or special district
1584 that has firesafety enforcement responsibilities may provide a
1585 schedule of fees to pay only the costs of inspections conducted
1586 pursuant to this subsection and related administrative expenses.
1587 Two or more counties, municipalities, or special districts that
1588 have firesafety enforcement responsibilities may jointly employ
1589 or contract with a firesafety inspector.
1590 (2) Except as provided in s. 633.312(2) 633.082(2), every
1591 firesafety inspection conducted pursuant to state or local
1592 firesafety requirements shall be by a person certified as having
1593 met the inspection training requirements set by the State Fire
1594 Marshal. Such person shall meet the requirements of s.
1595 633.412(1)(a)-(d), and:
1596 (a) Be a high school graduate or the equivalent as
1597 determined by the department;
1598 (b) Not have been found guilty of, or having pleaded guilty
1599 or nolo contendere to, a felony or a crime punishable by
1600 imprisonment of 1 year or more under the law of the United
1601 States, or of any state thereof, which involves moral turpitude,
1602 without regard to whether a judgment of conviction has been
1603 entered by the court having jurisdiction of such cases;
1604 (c) Have her or his fingerprints on file with the
1605 department or with an agency designated by the department;
1606 (d) Have good moral character as determined by the
1607 department;
1608 (e) Be at least 18 years of age;
1609 (f) Have satisfactorily completed the firesafety inspector
1610 certification examination as prescribed by division rule the
1611 department; and
1612 (b)(g)1. Have satisfactorily completed, as determined by
1613 division rule the department, a firesafety inspector training
1614 program of at least not less than 200 hours established by the
1615 department and administered by education or training providers
1616 agencies and institutions approved by the department for the
1617 purpose of providing basic certification training for firesafety
1618 inspectors; or
1619 2. Have received in another state training in another state
1620 which is determined by the division department to be at least
1621 equivalent to that required by the department for approved
1622 firesafety inspector education and training programs in this
1623 state.
1624 (3)
1625 (c)1. To be certified as a firesafety inspector under this
1626 section, a any person who:
1627 a. Is a special state firesafety inspector on July 1, 2011,
1628 and who does not have 5 years of experience as a special state
1629 firesafety inspector as of July 1, 2011; or
1630 b. Has 5 years of experience as a special state firesafety
1631 inspector but has failed the examination taken as provided in
1632 paragraph (2)(a) (2)(f), must take an additional 80 hours of the
1633 courses described in paragraph (2)(b) (2)(g).
1634 2. After successfully completing the courses described in
1635 this paragraph, such person may take the firesafety inspection
1636 examination as provided in paragraph (2)(a) (2)(f), if such
1637 examination is taken before July 1, 2013.
1638 3. Upon passing the examination, the person shall be
1639 certified as a firesafety inspector as provided in this section.
1640 4. A person who fails the course of study or the
1641 examination described in this paragraph may not perform any
1642 firesafety inspection required by law on or after July 1, 2013.
1643 (4) A firefighter certified pursuant to s. 633.408 633.35
1644 may conduct firesafety inspections, under the supervision of a
1645 certified firesafety inspector, while on duty as a member of a
1646 fire department company conducting inservice firesafety
1647 inspections without being certified as a firesafety inspector,
1648 if such firefighter has satisfactorily completed an inservice
1649 fire department company inspector training program of at least
1650 24 hours’ duration as provided by rule of the department.
1651 (5) Every firesafety inspector certificate is valid for a
1652 period of 4 3 years from the date of issuance. Renewal of
1653 certification is subject to the affected person’s completing
1654 proper application for renewal and meeting all of the
1655 requirements for renewal as established under this chapter or by
1656 rule adopted under this chapter, which must shall include
1657 completion of at least 54 40 hours during the preceding 4-year
1658 3-year period of continuing education as required by the rule of
1659 the department or, in lieu thereof, successful passage of an
1660 examination as established by the department.
1661 (6) A previously certified firesafety inspector whose
1662 certification has lapsed for 8 years or more must repeat the
1663 fire safety inspector training as specified by the division.
1664 (7)(6) The State Fire Marshal may deny, refuse to renew,
1665 suspend, or revoke the certificate of a firesafety inspector if
1666 the State Fire Marshal finds that any of the following grounds
1667 exist:
1668 (a) Any cause for which issuance of a certificate could
1669 have been refused had it then existed and been known to the
1670 division State Fire Marshal.
1671 (b) Violation of this chapter or any rule or order of the
1672 State Fire Marshal.
1673 (c) Falsification of records relating to the certificate.
1674 (d) Having been found guilty of or having pleaded guilty or
1675 nolo contendere to a felony, whether or not a judgment of
1676 conviction has been entered.
1677 (d)(e) Failure to meet any of the renewal requirements.
1678 (f) Having been convicted of a crime in any jurisdiction
1679 which directly relates to the practice of fire code inspection,
1680 plan review, or administration.
1681 (e)(g) Making or filing a report or record that the
1682 certificateholder knows to be false, or knowingly inducing
1683 another to file a false report or record, or knowingly failing
1684 to file a report or record required by state or local law, or
1685 knowingly impeding or obstructing such filing, or knowingly
1686 inducing another person to impede or obstruct such filing.
1687 (f)(h) Failing to properly enforce applicable fire codes or
1688 permit requirements within this state which the
1689 certificateholder knows are applicable by committing willful
1690 misconduct, gross negligence, gross misconduct, repeated
1691 negligence, or negligence resulting in a significant danger to
1692 life or property.
1693 (g)(i) Accepting labor, services, or materials at no charge
1694 or at a noncompetitive rate from a any person who performs work
1695 that is under the enforcement authority of the certificateholder
1696 and who is not an immediate family member of the
1697 certificateholder. For the purpose of this paragraph, the term
1698 “immediate family member” means a spouse, child, parent,
1699 sibling, grandparent, aunt, uncle, or first cousin of the person
1700 or the person’s spouse or a any person who resides in the
1701 primary residence of the certificateholder.
1702 (8)(7) The division of State Fire Marshal and the Florida
1703 Building Code Administrators and Inspectors Board, established
1704 pursuant to s. 468.605, shall enter into a reciprocity agreement
1705 to facilitate joint recognition of continuing education
1706 recertification hours for certificateholders licensed under s.
1707 468.609 and firesafety inspectors certified under subsection
1708 (2).
1709 (9)(8) The State Fire Marshal shall develop by rule an
1710 advanced training and certification program for firesafety
1711 inspectors having fire code management responsibilities. The
1712 program must be consistent with the appropriate provisions of
1713 NFPA 1037, or similar standards adopted by the division, and
1714 establish minimum training, education, and experience levels for
1715 firesafety inspectors having fire code management
1716 responsibilities.
1717 (10)(9) The department shall provide by rule for the
1718 certification of firesafety inspectors and Fire Code
1719 Administrators.
1720 Section 28. Section 633.085, Florida Statutes, is
1721 transferred and renumbered as section 633.218, Florida Statutes,
1722 paragraph (a) of subsection (1) and subsections (2) through (5)
1723 of that section are amended, and paragraphs (e) and (f) are
1724 added to subsection (1) of that section, to read:
1725 633.218 633.085 Inspections of state buildings and
1726 premises; tests of firesafety equipment; building plans to be
1727 approved.—
1728 (1)(a) It is the duty of the State Fire Marshal and her or
1729 his agents to inspect, or cause to be inspected, each state
1730 owned building on a recurring basis established by rule, and to
1731 ensure that high-hazard occupancies are inspected at least
1732 annually, for the purpose of ascertaining and causing to be
1733 corrected any conditions liable to cause fire or endanger life
1734 from fire and any violation of the firesafety standards for
1735 state-owned buildings, the provisions of this chapter, or the
1736 rules or regulations adopted and promulgated pursuant hereto.
1737 The State Fire Marshal shall, within 7 days following an
1738 inspection, submit a report of such inspection to the head of
1739 the department of state agency government responsible for the
1740 building.
1741 (e) For purposes of this section:
1742 1.a. The term “high-hazard occupancy” means any building or
1743 structure:
1744 (I) That contains combustible or explosive matter or
1745 flammable conditions dangerous to the safety of life or
1746 property;
1747 (II) At which persons receive educational instruction;
1748 (III) At which persons reside, excluding private dwellings;
1749 or
1750 (IV) Containing three or more floor levels.
1751 b. As used in this subparagraph, the phrase “building or
1752 structure”:
1753 (I) Includes, but is not limited to, all hospitals and
1754 residential health care facilities, nursing homes and other
1755 adult care facilities, correctional or detention facilities,
1756 public schools, public lodging establishments, migrant labor
1757 camps, residential child care facilities, and self-service
1758 gasoline stations.
1759 (II) Does not include any residential condominium where the
1760 declaration of condominium or the bylaws provide that the rental
1761 of units shall not be permitted for less than 90 days.
1762 2. The term “state-owned building,” includes private
1763 correctional facilities as defined under s. 944.710(3).
1764
1765 ================= T I T L E A M E N D M E N T ================
1766 And the title is amended as follows:
1767 Delete line 33
1768 and insert:
1769 issuance of subpoenas; requiring the State Fire
1770 Marshal to investigate certain fires and explosions
1771 under certain circumstances; transferring,
1772 renumbering, and