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         633.106 633.163State 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         633.112 633.101State 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         633.112State 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         633.114 633.02State 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