Florida Senate - 2013                                    SB 1410
       
       
       
       By Senator Simmons
       
       
       
       
       10-00317-13                                           20131410__
    1                        A bill to be entitled                      
    2         An act relating to fire safety and prevention;
    3         providing a directive to the Division of Law Revision
    4         and Information to create part I of ch. 633, F.S.,
    5         entitled “General Provisions”; transferring,
    6         renumbering, and amending s. 633.021, F.S.; revising
    7         and providing definitions; transferring, renumbering,
    8         and amending s. 633.01, F.S.; revising provisions
    9         relating to the authority of the State Fire Marshal;
   10         removing references to the Life Safety Code; revising
   11         the renewal period for firesafety inspector
   12         requirements for certification; conforming cross
   13         references; authorizing the State Fire Marshal to
   14         administer oaths and take testimony; authorizing the
   15         State Fire Marshal to enter into contracts with
   16         private entities for the administration of
   17         examinations; transferring, renumbering, and amending
   18         s. 633.163, F.S.; revising provisions relating to the
   19         disciplinary authority of the State Fire Marshal;
   20         authorizing the State Fire Marshal to deny, suspend,
   21         or revoke the licenses of certain persons; providing
   22         terms and conditions of probation; transferring and
   23         renumbering s. 633.15, F.S., relating to the force and
   24         effect of ch. 633, F.S., and rules adopted by the
   25         State Fire Marshal on municipalities, counties, and
   26         special districts having firesafety responsibilities;
   27         transferring, renumbering, and amending s. 633.101,
   28         F.S.; revising provisions relating to hearings,
   29         investigations, and recordkeeping duties and the
   30         authority of the State Fire Marshal; authorizing the
   31         State Fire Marshal to designate an agent for various
   32         purposes related to hearings; providing for the
   33         issuance of subpoenas; transferring, renumbering, and
   34         amending s. 633.111, F.S.; requiring the State Fire
   35         Marshal to keep records of all fires and explosions;
   36         transferring, renumbering, and amending s. 633.02,
   37         F.S.; revising provisions relating to the authority of
   38         agents of the State Fire Marshal; transferring and
   39         renumbering s. 633.14, F.S., relating to the powers of
   40         agents of the State Fire Marshal to make arrests,
   41         conduct searches and seizures, serve summonses, and
   42         carry firearms; transferring, renumbering, and
   43         amending s. 633.121, F.S., relating to persons
   44         authorized to enforce laws and rules of the State Fire
   45         Marshal; revising terminology; transferring,
   46         renumbering, and amending s. 633.151, F.S.; clarifying
   47         provisions relating to impersonating the State Fire
   48         Marshal, a firefighter, a firesafety inspector, or a
   49         volunteer firefighter, for which a criminal penalty is
   50         provided; transferring, renumbering, and amending s.
   51         633.171, F.S.; providing penalties for rendering a
   52         fire protection system required by statute or by rule
   53         inoperative; providing penalties for using the
   54         certificate of another person, holding a license or
   55         certificate and allowing another person to use the
   56         license or certificate, and using or allowing the use
   57         of any certificate or permit by any individual or
   58         organization other than the individual to whom the
   59         certificate or permit is issued; conforming a cross
   60         reference; transferring, renumbering, and amending s.
   61         633.175, F.S., relating to investigation of fraudulent
   62         insurance claims and crimes and immunity of insurance
   63         companies supplying information relative thereto;
   64         defining the term “consultant”; revising provisions to
   65         include investigation of explosions in fraudulent
   66         insurance claim investigations; authorizing the State
   67         Fire Marshal to adopt rules to implement provisions
   68         relating to an insurance company’s investigation of a
   69         suspected fire or explosion by intentional means;
   70         revising terminology; conforming a cross-reference;
   71         transferring, renumbering, and amending s. 633.45,
   72         F.S.; clarifying and revising the powers and duties of
   73         the Division of State Fire Marshal; requiring the
   74         division to establish by rule uniform minimum
   75         standards for the employment and training of
   76         firefighters and volunteer firefighters; requiring the
   77         division to establish by rule minimum curriculum
   78         requirements and criteria for the approval of
   79         education or training providers; requiring the
   80         division to specify by rule standards for the
   81         approval, denial of approval, probation, suspension,
   82         and revocation of approval of education or training
   83         providers and facilities for training firefighters and
   84         volunteer firefighters; requiring the division to
   85         specify by rule standards for the certification,
   86         denial of certification, probation, and revocation of
   87         certification for instructors; requiring the division
   88         to establish by rule minimum training qualifications
   89         for persons serving as specified firesafety
   90         coordinators; requiring the division to issue
   91         specified licenses, certificates, and permits;
   92         conforming cross-references; creating s. 633.132,
   93         F.S.; establishing fees to be collected by the
   94         division; authorizing the division to establish by
   95         rule fees necessary to cover administrative costs and
   96         to collect such fees in advance; providing for the
   97         appropriation and deposit of all funds collected by
   98         the State Fire Marshal pursuant to ch. 633, F.S.;
   99         transferring and renumbering s. 633.39, F.S., relating
  100         to acceptance by the division of donations of property
  101         and grants of money; transferring, renumbering, and
  102         amending s. 633.115, F.S., relating to the Fire and
  103         Emergency Incident Information Reporting Program;
  104         making technical changes; conforming a cross
  105         reference; creating s. 633.138, F.S.; providing
  106         requirements with respect to notice of change of
  107         address of record for, and notice of felony actions
  108         against, a licensee, permittee, or certificateholder;
  109         transferring, renumbering and amending s. 633.042,
  110         F.S.; revising the “Reduced Cigarette Ignition
  111         Propensity Standard and Firefighter Protection Act” to
  112         include preemption by the act of local laws and rules;
  113         providing a directive to the Division of Law Revision
  114         and Information to create part II of ch. 633, F.S.,
  115         entitled “Fire Safety and Prevention”; transferring,
  116         renumbering, and amending s. 633.0215, F.S., relating
  117         to the Florida Fire Prevention Code; conforming cross
  118         references; deleting an obsolete provision;
  119         transferring, renumbering, and amending s. 633.72,
  120         F.S., relating to the Florida Fire Code Advisory
  121         Council; revising membership of the council; providing
  122         for semiannual meetings of the council; authorizing
  123         the council to review proposed changes to the Florida
  124         Fire Prevention Code and specified uniform fire safety
  125         standards; conforming cross-references; transferring,
  126         renumbering, and amending s. 633.022, F.S., relating
  127         to uniform firesafety standards; revising
  128         applicability of uniform firesafety standards;
  129         removing obsolete provisions; transferring,
  130         renumbering, and amending s. 633.025, F.S., relating
  131         to minimum firesafety standards; deleting references
  132         to the Life Safety Code; conforming provisions to
  133         changes made by the act; conforming a cross-reference;
  134         transferring, renumbering, and amending s. 633.026,
  135         F.S., relating to informal interpretations of the
  136         Florida Fire Prevention Code and legislative intent
  137         with respect thereto; conforming provisions to changes
  138         made by the act; conforming cross-references; revising
  139         terminology to provide for declaratory statements
  140         rather than formal interpretations in nonbinding
  141         interpretations of Florida Fire Prevention Code
  142         provisions; transferring, renumbering, and amending s.
  143         633.052, F.S., relating to ordinances relating to
  144         firesafety and penalties for violation; conforming
  145         terminology; providing that a special district may
  146         enact any ordinance relating to firesafety codes that
  147         is identical to ch. 633, F.S., or any state law,
  148         except as to penalty; transferring, renumbering, and
  149         amending s. 633.081, F.S., relating to inspection of
  150         buildings and equipment; clarifying persons authorized
  151         to inspect buildings and structures; conforming cross
  152         references; revising requirements of persons
  153         conducting firesafety inspections; revising the period
  154         of validity of, and continuing education requirements
  155         for, firesafety inspector certificates; requiring
  156         repeat training for certified fire safety inspectors
  157         whose certification has lapsed for a specified period;
  158         revising grounds for denial, refusal to renew,
  159         suspension, or revocation of a firesafety inspector
  160         certificate; requiring the department to provide by
  161         rule for the certification of Fire Code
  162         Administrators; transferring, renumbering, and
  163         amending s. 633.085, F.S., relating to inspection of
  164         state buildings and premises; defining the terms
  165         “high-hazard occupancy” and “state-owned building”;
  166         providing for identification of state-owned buildings
  167         or state-leased buildings or space; authorizing,
  168         rather than requiring, the State Fire Marshal or
  169         agents thereof to conduct performance tests on any
  170         electronic fire warning and smoke detection system,
  171         and any pressurized air-handling unit, in any state
  172         owned building or state-leased building or space on a
  173         recurring basis; requiring the State Fire Marshal or
  174         agents thereof to ensure that fire drills are
  175         conducted in all high-hazard state-owned buildings or
  176         high-hazard state-leased occupancies at least
  177         annually; requiring that all new construction or
  178         renovation, alteration, or change of occupancy of any
  179         existing, state-owned building or state-leased
  180         building or space comply with uniform firesafety
  181         standards; authorizing the division to inspect state
  182         owned buildings and spaces and state-leased buildings
  183         and spaces as necessary before occupancy or during
  184         construction, renovation, or alteration to ascertain
  185         compliance with uniform firesafety standards;
  186         requiring the division to issue orders to cease
  187         construction, renovation, or alteration, or to
  188         preclude occupancy, of a state-owned or state-leased
  189         building or space for noncompliance; transferring,
  190         renumbering, and amending s. 633.027, F.S., relating
  191         to buildings with light-frame truss-type construction;
  192         conforming cross-references; transferring,
  193         renumbering, and amending s. 633.60, F.S., relating to
  194         automatic fire sprinkler systems for one-family
  195         dwellings, two-family dwellings, and mobile homes;
  196         conforming a cross-reference; transferring and
  197         renumbering s. 633.557, F.S., relating to the
  198         nonapplicability of the act to owners of property who
  199         are building or improving farm outbuildings and
  200         standpipe systems installed by plumbing contractors;
  201         transferring, renumbering, and amending s. 633.161,
  202         F.S., relating to violations and enforcement of ch.
  203         633, F.S., orders resulting from violations, and
  204         penalties for violation; conforming cross-references;
  205         providing a directive to the Division of Law Revision
  206         and Information to create part III of ch. 633, F.S.,
  207         entitled “Fire Protection and Suppression”;
  208         transferring, renumbering, and amending s. 633.511,
  209         F.S., relating to the Florida Fire Safety Board;
  210         conforming provisions to changes made by the act;
  211         conforming cross-references; requiring the board to
  212         act in an advisory capacity; authorizing the board to
  213         review complaints and make recommendations; providing
  214         for election of officers, quorum, and compensation of
  215         the board; requiring the board to adopt a seal;
  216         transferring, renumbering, and amending s. 633.061,
  217         F.S., relating to licensure to install or maintain
  218         fire suppression equipment; removing the fee schedule
  219         from such provisions; revising provisions relating to
  220         fire equipment dealers who wish to withdraw a
  221         previously filed halon equipment exemption affidavit;
  222         providing conditions that an applicant for a license
  223         of any class who has facilities located outside the
  224         state must meet in order to obtain a required
  225         equipment inspection; providing for the adoption of
  226         rules with respect to the establishment and
  227         calculation of inspection costs; revising and
  228         clarifying provisions that exclude from licensure for
  229         a specified period applicants having a previous
  230         criminal conviction; defining the term “convicted”;
  231         providing conditions under which a licensed fire
  232         equipment dealer may apply to convert the license
  233         currently held to a higher or lower licensing
  234         category; providing a procedure for an applicant who
  235         passes an examination for licensure or permit but
  236         fails to meet remaining qualifications within 1 year
  237         after the application date; transferring, renumbering,
  238         and amending s. 633.065, F.S., relating to
  239         requirements for installation, inspection, and
  240         maintenance of fire suppression equipment; conforming
  241         a cross-reference; transferring, renumbering, and
  242         amending s. 633.071, F.S., relating to standard
  243         service tags required on all fire extinguishers and
  244         preengineered systems; conforming a cross-reference;
  245         transferring, renumbering, and amending s. 633.082,
  246         F.S., relating to inspection of fire control systems,
  247         fire hydrants, and fire protection systems; conforming
  248         a cross-reference; making technical changes;
  249         transferring, renumbering, and amending s. 633.083,
  250         F.S., relating to the prohibited sale or use of
  251         certain types of fire extinguishers and penalty
  252         therefor; making a technical change; transferring,
  253         renumbering, and amending s. 633.162, F.S., relating
  254         to fire suppression system contractors and
  255         disciplinary actions with respect thereto; conforming
  256         cross-references; clarifying provisions; transferring,
  257         renumbering, and amending s. 633.521, F.S., relating
  258         to certification as fire protection system contractor;
  259         clarifying provisions and making technical changes;
  260         conforming cross-references; transferring,
  261         renumbering, and amending s. 633.551, F.S., relating
  262         to county and municipal powers and the effect of ch.
  263         75-240, Laws of Florida; making technical changes;
  264         transferring and renumbering s. 633.527, F.S.,
  265         relating to records concerning an applicant and the
  266         extent of confidentiality; transferring and
  267         renumbering s. 633.531, F.S., relating to statewide
  268         effectiveness and nontransferability of certificates;
  269         transferring, renumbering, and amending s. 633.534,
  270         F.S., relating to the issuance of certificates to
  271         individuals and business organizations; making a
  272         technical change; transferring, renumbering, and
  273         amending s. 633.537, F.S., relating to renewal and
  274         expiration of certificates; deleting an obsolete
  275         provision; deleting a provision which prescribes the
  276         biennial renewal fee for an inactive status
  277         certificate; making technical changes; transferring,
  278         renumbering, and amending s. 633.539, F.S., relating
  279         to requirements for installation, inspection, and
  280         maintenance of fire protection systems; conforming a
  281         cross-reference; transferring, renumbering, and
  282         amending s. 633.541, F.S., relating to the prohibition
  283         against contracting as a fire protection contractor
  284         without a certificate and penalty for violation
  285         thereof; conforming cross-references; making a
  286         technical change; transferring, renumbering, and
  287         amending s. 633.547, F.S.; relating to disciplinary
  288         action concerning fire protection system contractors;
  289         revising provisions that authorize the State Fire
  290         Marshal to suspend a fire protection system
  291         contractor’s or permittee’s certificate; deleting
  292         provisions authorizing revocation of a certificate for
  293         a specified period; conforming a cross-reference;
  294         transferring, renumbering, and amending s. 633.549,
  295         F.S., relating to violations that are subject to
  296         injunction; making a technical change; transferring
  297         and renumbering s. 633.554, F.S., relating to
  298         application of ch. 633, F.S., regulating contracting
  299         and contractors; transferring, renumbering, and
  300         amending s. 633.70, F.S., relating to jurisdiction of
  301         the State Fire Marshal over alarm system contractors
  302         and certified unlimited electrical contractors;
  303         conforming a cross-reference; transferring and
  304         renumbering s. 633.701, F.S., relating to requirements
  305         for fire alarm system equipment; transferring,
  306         renumbering, and amending s. 633.702, F.S., relating
  307         to prohibited acts regarding alarm system contractors
  308         or certified unlimited electrical contractors and
  309         penalties for violations; making technical changes;
  310         providing a directive to the Division of Law Revision
  311         and Information to create part IV of ch. 633, F.S.,
  312         entitled “Fire Standards and Training”; transferring,
  313         renumbering, and amending s. 633.31, F.S.; revising
  314         provisions relating to the Firefighters Employment,
  315         Standards, and Training Council; providing for an
  316         additional member of the council; providing for
  317         organization of the council, meetings, quorum,
  318         compensation, and adoption of a seal; providing for
  319         special powers of the council in connection with the
  320         employment and training of firefighters; transferring,
  321         renumbering, and amending s. 633.42, F.S., relating to
  322         the authority of fire service providers to establish
  323         qualifications and standards for hiring, training, or
  324         promoting firefighters which exceed the minimum set by
  325         the department; conforming terminology; creating s.
  326         633.406, F.S.; specifying classes of certification
  327         awarded by the division; authorizing the division to
  328         establish specified additional certificates by rule;
  329         transferring, renumbering, and amending s. 633.35,
  330         F.S.; revising provisions relating to firefighter and
  331         volunteer firefighter training and certification;
  332         requiring the division to establish by rule specified
  333         courses and course examinations; providing that
  334         courses may only be administered by specified
  335         education or training providers and taught by
  336         certified instructors; revising provisions with
  337         respect to payment of training costs and payment of
  338         tuition for attendance at approved courses; providing
  339         requirements for issuance by the division of a
  340         firefighter certificate of compliance; providing
  341         requirements for issuance by the division of a
  342         Volunteer Firefighter Certificate of Completion;
  343         authorizing the division to issue a Special
  344         Certificate of Compliance; providing requirements and
  345         limitations with respect thereto; providing procedures
  346         and requirements for reexamination after failure of an
  347         examination; increasing the required number of hours
  348         of the structural fire training program; providing for
  349         a Forestry Certificate of Compliance and prescribing
  350         the rights, privileges, and benefits thereof;
  351         transferring, renumbering, and amending s. 633.34,
  352         F.S., relating to qualifications for certification as
  353         a firefighter; revising provisions relating to
  354         disqualifying offenses; providing requirements of the
  355         division with respect to suspension or revocation of a
  356         certificate; making technical changes; conforming
  357         cross-references; transferring, renumbering, and
  358         amending s. 633.352, F.S., relating to firefighter
  359         employment and volunteer firefighter service; revising
  360         provisions relating to retention of certification as a
  361         firefighter; defining the term “active”; transferring,
  362         renumbering, and amending s. 633.41, F.S.; prohibiting
  363         a fire service provider from employing an individual
  364         as a firefighter or supervisor of firefighters and
  365         from retaining the services of an individual
  366         volunteering as a firefighter or a supervisor of
  367         firefighters without required certification; requiring
  368         a fire service provider to make a diligent effort to
  369         determine possession of required certification prior
  370         to employing or retaining an individual for specified
  371         services; defining the term “diligent effort”;
  372         requiring a fire service provider to notify the
  373         division of specified hirings, retentions,
  374         terminations, decisions not to retain a firefighter,
  375         and determinations of failure to meet certain
  376         requirements; authorizing the division to conduct site
  377         visits to fire departments to monitor compliance;
  378         defining the term “employ”; conforming cross
  379         references; transferring, renumbering, and amending s.
  380         633.38, F.S., relating to curricula and standards for
  381         advanced and specialized training prescribed by the
  382         division; revising terminology to conform; conforming
  383         cross-references; transferring, renumbering, and
  384         amending s. 633.382, F.S., relating to supplemental
  385         compensation for firefighters who pursue specified
  386         higher educational opportunities; removing
  387         definitions; requiring the State Fire Marshal to
  388         determine, and adopt by rule, course work or degrees
  389         that represent the best practices toward supplemental
  390         compensation goals; specifying that supplemental
  391         compensation shall be paid to qualifying full-time
  392         employees of a fire service provider; conforming
  393         terminology; clarifying provisions; specifying that
  394         policy guidelines be adopted by rule; classifying the
  395         division as a fire service provider responsible for
  396         the payment of supplemental compensation to full-time
  397         firefighters employed by the division; transferring,
  398         renumbering, and amending s. 633.353, F.S., relating
  399         to falsification of qualifications; clarifying
  400         provisions that provide a penalty for falsification of
  401         qualifications provided to the Bureau of Fire
  402         Standards and Training of the division; transferring,
  403         renumbering, and amending s. 633.351, F.S., relating
  404         to disciplinary action and standards for revocation of
  405         certification; providing definitions; providing
  406         conditions for ineligibility to apply for
  407         certification under ch. 633, F.S.; providing
  408         conditions for permanent revocation of certification,
  409         prospective application of such provisions, and
  410         retroactive application with respect to specified
  411         convictions; revising provisions relating to
  412         revocation of certification; providing requirements
  413         with respect to application for certification;
  414         requiring specified submission of fingerprints;
  415         providing a fee; providing requirements of the
  416         Department of Law Enforcement with respect to
  417         submitted fingerprints; transferring, renumbering, and
  418         amending s. 633.43, F.S., relating to the
  419         establishment of the Florida State Fire College;
  420         conforming a provision to changes made by the act;
  421         transferring, renumbering, and amending s. 633.44,
  422         F.S., relating to the purposes of the Florida State
  423         Fire College and part IV of ch. 633, F.S.; expanding
  424         such purpose; conforming a cross-reference;
  425         transferring, renumbering, and amending s. 633.48,
  426         F.S., relating to the superintendent of the Florida
  427         State Fire College; conforming a cross-reference;
  428         transferring, renumbering, and amending s. 633.461,
  429         F.S., relating to uses of funds from the Insurance
  430         Regulatory Trust Fund; clarifying provisions;
  431         transferring and renumbering s. 633.47, F.S., relating
  432         to the procedure for making expenditures on behalf of
  433         the Florida State Fire College; transferring,
  434         renumbering, and amending s. 633.49, F.S., relating to
  435         the use of buildings, equipment, and other facilities
  436         of the fire college; conforming a cross-reference;
  437         transferring, renumbering, and amending s. 633.50,
  438         F.S., relating to additional duties of the Division of
  439         State Fire Marshal related to the Florida State Fire
  440         College; conforming cross-references; providing a
  441         directive to the Division of Law Revision and
  442         Information to create part V of ch. 633, F.S.,
  443         entitled “Florida Firefighters Occupational Safety and
  444         Health Act”; transferring, renumbering, and amending
  445         s. 633.801, F.S., relating to a short title;
  446         conforming a cross-reference; transferring,
  447         renumbering, and amending s. 633.802, F.S., relating
  448         to definitions; revising definitions of “firefighter
  449         employee,” “firefighter employer,” and “firefighter
  450         place of employment”; transferring, renumbering, and
  451         amending s. 633.803, F.S., relating to legislative
  452         intent to enhance firefighter occupational safety and
  453         health in the state; clarifying provisions; conforming
  454         cross-references; transferring, renumbering, and
  455         amending s. 633.821, F.S., relating to assistance by
  456         the division in facilitating firefighter employee
  457         workplace safety; revising references to publications;
  458         removing obsolete provisions; revising requirements
  459         and responsibilities of the division; transferring,
  460         renumbering, and amending s. 633.817, F.S., relating
  461         to remedies available to the division for
  462         noncompliance with part V of ch. 633, F.S.; conforming
  463         cross-references; transferring and renumbering s.
  464         633.805, F.S., relating to a required study by the
  465         division of firefighter employee occupational
  466         diseases; transferring, renumbering, and amending s.
  467         633.806, F.S., relating to certain duties of the
  468         division; revising provisions that require the
  469         division to make studies, investigations, inspections,
  470         and inquiries with respect to compliance with part V
  471         of ch. 633, F.S., or rules authorized thereunder, and
  472         the causes of firefighter employee injuries,
  473         illnesses, safety-based complaints, or line-of-duty
  474         deaths in firefighter employee places of employment;
  475         authorizing the division to adopt by rule procedures
  476         for conducting inspections and inquiries of
  477         firefighter employers under part V of ch. 633, F.S.;
  478         authorizing the division to enter premises to
  479         investigate compliance; providing a criminal penalty;
  480         conforming references; transferring, renumbering, and
  481         amending s. 633.807, F.S., relating to safety
  482         responsibilities of firefighter employers; revising
  483         definitions of the terms “safe” and “safety”;
  484         transferring, renumbering, and amending s. 633.809,
  485         F.S.; relating to firefighter employers with a high
  486         frequency of firefighter employee work-related
  487         injuries; revising provisions relating to required
  488         safety inspections; clarifying that the division may
  489         not assess penalties as a result of such inspections;
  490         requiring firefighter employers to submit a plan for
  491         the correction of noncompliance issues to the division
  492         for approval in accordance with division rule;
  493         providing procedures if a plan is not submitted, does
  494         not provide corrective actions, is incomplete, or is
  495         not implemented; providing for workplace safety
  496         committees and coordinators, including mandatory
  497         negotiations during collective bargaining; requiring
  498         the division to adopt rules; providing for
  499         compensation of the workplace safety committee;
  500         authorizing cancellation of an insurance plan due to
  501         noncompliance; transferring, renumbering, and amending
  502         s. 633.811, F.S., relating to firefighter employer
  503         penalties; prescribing additional administrative
  504         penalties for firefighter employers for violation of,
  505         or refusal to comply with, part V of ch. 633, F.S.;
  506         providing for location of hearings; transferring,
  507         renumbering, and amending s. 633.812, F.S., relating
  508         to specified cooperation by the division with the
  509         Federal Government; clarifying requirements from which
  510         private firefighter employers are exempt; eliminating
  511         a prerequisite to exemption for specified firefighter
  512         employers; requiring reinspection after specified
  513         noncompliance; transferring, renumbering, and amending
  514         s. 633.816, F.S., relating to firefighter employee
  515         rights and responsibilities; conforming cross
  516         references; transferring, renumbering, and amending s.
  517         633.818, F.S., relating to false statements;
  518         conforming a cross-reference; prohibiting a person
  519         from committing certain fraudulent acts in any matter
  520         within the jurisdiction of the division; providing
  521         criminal penalties; providing a statute of limitation;
  522         transferring, renumbering, and amending s. 633.814,
  523         F.S., relating to disbursement of expenses to
  524         administer part V of ch. 633, F.S.; conforming a
  525         cross-reference; amending s. 112.011, F.S.; removing
  526         provisions that exclude from employment for a
  527         specified period an applicant for employment with a
  528         fire department who has a prior felony conviction;
  529         amending s. 112.191, F.S.; revising provisions
  530         relating to adjustments in payments of accidental
  531         death benefits for firefighters; amending s. 120.541,
  532         F.S.; providing that certain rules concerning
  533         statements of regulatory costs do not apply to the
  534         updates and amendments to the Florida Fire Prevention
  535         Code; amending s. 196.081, F.S.; revising provisions
  536         relating to the homestead exemption for spouses of
  537         veterans who died in the line of duty; creating a
  538         homestead exemption for surviving spouses of first
  539         responders who die in the line of duty; amending s.
  540         554.103, F.S.; revising provisions of the State Boiler
  541         Code; establishing construction standards for new
  542         boilers installed or imported into this state;
  543         requiring the installer, rather than the owner, of a
  544         boiler placed in use after a specified date to submit
  545         a data report before operation; amending s. 633.167,
  546         F.S.; deleting a provision providing for terms and
  547         conditions of probation; amending s. 633.517, F.S.;
  548         deleting a provision authorizing the State Fire
  549         Marshal to administers oaths and take testimony;
  550         amending s. 791.012, F.S., relating to minimum
  551         fireworks safety standards; updating a reference;
  552         amending s. 791.015, F.S.; authorizing seasonal
  553         retailers of sparklers to submit one registration form
  554         for multiple locations; requiring each seasonal
  555         retailer of sparklers to pay an annual registration
  556         fee for each retail location registered; repealing s.
  557         633.024, F.S., relating to legislative findings and
  558         intent with respect to ensuring effective fire
  559         protection of vulnerable nursing home residents, the
  560         expedited retrofit of existing nursing homes through a
  561         limited state loan guarantee, and funding thereof;
  562         repealing s. 633.0245, F.S., relating to the State
  563         Fire Marshal Nursing Home Fire Protection Loan
  564         Guarantee Program; repealing s. 633.03, F.S., relating
  565         to investigations of fire and reports; repealing s.
  566         633.0421, F.S., relating to preemption of the reduced
  567         cigarette ignition propensity standard by the state;
  568         repealing s. 633.13, F.S., relating to the authority
  569         of State Fire Marshal agents; repealing s. 633.18,
  570         F.S., relating to hearings and investigations by the
  571         State Fire Marshal; repealing s. 633.30, F.S.,
  572         relating to definitions with respect to standards for
  573         firefighting; repealing s. 633.32, F.S., relating to
  574         organization, meetings, quorum, compensation, and seal
  575         of the Firefighters Employment, Standards, and
  576         Training Council; repealing s. 633.33, F.S., relating
  577         to special powers of the Firefighters Employment,
  578         Standards, and Training Council in connection with the
  579         employment and training of firefighters; repealing s.
  580         633.37, F.S., relating to payment of tuition at
  581         approved training programs by the employing agency;
  582         repealing s. 633.445, F.S., relating to the State Fire
  583         Marshal Scholarship Grant Program; repealing s.
  584         633.46, F.S., relating to authority of the Division of
  585         State Fire Marshal to fix and collect admission fees
  586         and other fees it deems necessary to be charged for
  587         training; repealing s. 633.514, F.S., relating to
  588         Florida Fire Safety Board duties, meetings, officers,
  589         quorum, and compensation; repealing s. 633.524, F.S.,
  590         relating to certificate and permit fees assessed under
  591         ch. 633, F.S., and the use and deposit thereof;
  592         repealing s. 633.804, F.S., relating to the adoption
  593         of rules governing firefighter employer and
  594         firefighter employee safety inspections and
  595         consultations; repealing s. 633.808, F.S., relating to
  596         division authority; repealing s. 633.810, F.S.,
  597         relating to workplace safety committees and safety
  598         coordinators; repealing s. 633.813, F.S., relating to
  599         cancellation of an insurance policy for failure to
  600         implement a safety and health program; repealing s.
  601         633.815, F.S., relating to penalties for refusing
  602         entry to a firefighter place of employment for the
  603         purposes of investigations or inspections by the
  604         division; repealing s. 633.819, F.S., relating to
  605         matters within the jurisdiction of the division and
  606         fraudulent acts, penalties, and statute of
  607         limitations; repealing s. 633.820, F.S., relating to
  608         the applicability of specified sections of ch. 633,
  609         F.S., to volunteer firefighters and volunteer fire
  610         departments; amending ss. 112.1815, 112.191, 112.81,
  611         119.071, 120.80, 121.0515, 125.01, 125.01045, 125.56,
  612         166.0446, 175.032, 175.121, 218.23, 252.515, 255.45,
  613         258.0145, 281.02, 384.287, 395.0163, 400.232, 400.915,
  614         429.41, 429.44, 429.73, 447.203, 468.602, 468.609,
  615         489.103, 489.105, 496.404, 509.032, 513.05, 553.73,
  616         553.77, 553.79, 590.02, 627.4107, 893.13, 934.03,
  617         943.61, 1002.33, 1002.34, 1013.12, and 1013.38, F.S.;
  618         conforming cross-references; updating terminology;
  619         providing an effective date.
  620  
  621  Be It Enacted by the Legislature of the State of Florida:
  622  
  623         Section 1. The Division of Law Revision and Information is
  624  requested to create part I of chapter 633, Florida Statutes,
  625  consisting of sections 633.102, 633.104, 633.106, 633.108,
  626  633.112, 633.114, 633.116, 633.118, 633.122, 633.124, 633.126,
  627  633.128, 633.132, 633.134, 633.136, and 633.138, Florida
  628  Statutes, to be entitled “General Provisions.”
  629         Section 2. Section 633.021, Florida Statutes, is
  630  transferred, renumbered as section 633.102, Florida Statutes,
  631  and amended to read:
  632         633.102 633.021 Definitions.—As used in this chapter, the
  633  term:
  634         (1) “Board” means the Florida Fire Safety Board.
  635         (2) “Certificate” means a certificate of competency issued
  636  by the State Fire Marshal.
  637         (3) “Certification” means the act of obtaining or holding a
  638  certificate of competency from the State Fire Marshal.
  639         (2)(4) “Contracting” means engaging in business as a
  640  contractor.
  641         (3)(5)(a) “Contractor I” means a contractor whose business
  642  includes the execution of contracts requiring the ability to lay
  643  out, fabricate, install, inspect, alter, repair, and service all
  644  types of fire protection systems, excluding preengineered
  645  systems.
  646         (b) “Contractor II” means a contractor whose business is
  647  limited to the execution of contracts requiring the ability to
  648  lay out, fabricate, install, inspect, alter, repair, and service
  649  water sprinkler systems, water spray systems, foam-water
  650  sprinkler systems, foam -water spray systems, standpipes,
  651  combination standpipes and sprinkler risers, all piping that is
  652  an integral part of the system beginning at the point of service
  653  as defined in this section, sprinkler tank heaters, air lines,
  654  thermal systems used in connection with sprinklers, and tanks
  655  and pumps connected thereto, excluding preengineered systems.
  656         (c) “Contractor III” means a contractor whose business is
  657  limited to the execution of contracts requiring the ability to
  658  fabricate, install, inspect, alter, repair, and service carbon
  659  dioxide CO2 systems, foam extinguishing systems, dry chemical
  660  systems, and Halon and other chemical systems, excluding
  661  preengineered systems.
  662         (d) “Contractor IV” means a contractor whose business is
  663  limited to the execution of contracts requiring the ability to
  664  lay out, fabricate, install, inspect, alter, repair, and service
  665  automatic fire sprinkler systems for detached one-family
  666  dwellings, detached two-family dwellings, and mobile homes,
  667  excluding preengineered systems and excluding single-family
  668  homes in cluster units, such as apartments, condominiums, and
  669  assisted living facilities or any building that is connected to
  670  other dwellings.
  671         (e) “Contractor V” means a contractor whose business is
  672  limited to the execution of contracts requiring the ability to
  673  fabricate, install, inspect, alter, repair, and service the
  674  underground piping for a fire protection system using water as
  675  the extinguishing agent beginning at the point of service as
  676  defined in this act and ending no more than 1 foot above the
  677  finished floor.
  678  
  679  The definitions in this subsection may must not be construed to
  680  include fire protection engineers or architects and do not limit
  681  or prohibit a licensed fire protection engineer or architect
  682  with fire protection design experience from designing any type
  683  of fire protection system. A distinction is made between system
  684  design concepts prepared by the design professional and system
  685  layout as defined in this section and typically prepared by the
  686  contractor. However, a person persons certified as a Contractor
  687  I, Contractor II, or Contractor IV under this chapter may design
  688  fire protection systems of 49 or fewer sprinklers, and may
  689  design the alteration of an existing fire sprinkler system if
  690  the alteration consists of the relocation, addition, or deletion
  691  of not more than 49 sprinklers, notwithstanding the size of the
  692  existing fire sprinkler system. A person certified as a
  693  Contractor I, Contractor II, or Contractor IV may design a fire
  694  protection system the scope of which complies with NFPA 13D,
  695  Standard for the Installation of Sprinkler Systems in One- and
  696  Two-Family Dwellings and Manufactured Homes, as adopted by the
  697  State Fire Marshal, notwithstanding the number of fire
  698  sprinklers. Contractor-developed plans may not be required by
  699  any local permitting authority to be sealed by a registered
  700  professional engineer.
  701         (4) “Department” means the Department of Financial
  702  Services.
  703         (5) “Division” means the Division of State Fire Marshal
  704  within the Department of Financial Services.
  705         (6) “Explosives” means any chemical compound or mixture
  706  that has the property of yielding readily to combustion or
  707  oxidation upon the application of heat, flame, or shock and is
  708  capable of producing an explosion and is commonly used for that
  709  purpose, including but not limited to dynamite, nitroglycerin,
  710  trinitrotoluene, ammonium nitrate when combined with other
  711  ingredients to form an explosive mixture, blasting caps, and
  712  detonators; but the term does not include cartridges for
  713  firearms or fireworks as defined in chapter 791.
  714         (7)(a) “Fire equipment dealer Class A” means a licensed
  715  fire equipment dealer whose business is limited to servicing,
  716  recharging, repairing, installing, or inspecting all types of
  717  fire extinguishers and conducting hydrostatic tests on all types
  718  of fire extinguishers.
  719         (b) “Fire equipment dealer Class B” means a licensed fire
  720  equipment dealer whose business is limited to servicing,
  721  recharging, repairing, installing, or inspecting all types of
  722  fire extinguishers, including recharging carbon dioxide units
  723  and conducting hydrostatic tests on all types of fire
  724  extinguishers, except carbon dioxide units.
  725         (c) “Fire equipment dealer Class C” means a licensed fire
  726  equipment dealer whose business is limited to servicing,
  727  recharging, repairing, installing, or inspecting all types of
  728  fire extinguishers, except recharging carbon dioxide units, and
  729  conducting hydrostatic tests on all types of fire extinguishers,
  730  except carbon dioxide units.
  731         (d) “Fire equipment dealer Class D” means a licensed fire
  732  equipment dealer whose business is limited to servicing,
  733  recharging, repairing, installing, hydrotesting, or inspecting
  734  of all types of preengineered fire extinguishing systems.
  735         (8) A “Fire extinguisher” means is a cylinder that:
  736         (a) Is portable and can be carried or is on wheels.
  737         (b) Is manually operated.
  738         (c) May use a variety of extinguishing agents that are
  739  expelled under pressure.
  740         (d) Is rechargeable or nonrechargeable.
  741         (e) Is installed, serviced, repaired, recharged, inspected,
  742  and hydrotested according to applicable procedures of the
  743  manufacturer, standards of the National Fire Protection
  744  Association, and the Code of Federal Regulations.
  745         (f) Is listed by a nationally recognized testing
  746  laboratory.
  747         (9) “Firefighter” means an individual who holds a current
  748  and valid Firefighter Certificate of Compliance or Special
  749  Certificate of Compliance issued by the division under s.
  750  633.408.
  751         (10) “Fire service support personnel” means an individual
  752  who does not hold a current and valid certificate issued by the
  753  division and who may only perform support services.
  754         (11)(9)A “Fire hydrant” means is a connection to a water
  755  main, elevated water tank, or other source of water for the
  756  purpose of supplying water to a fire hose or other fire
  757  protection apparatus for fire suppression operations. The term
  758  does not include a fire protection system.
  759         (12)(10)A “Fire protection system” means is a system
  760  individually designed to protect the interior or exterior of a
  761  specific building or buildings, structure, or other special
  762  hazard from fire. Such systems include, but are not limited to,
  763  water sprinkler systems, water spray systems, foam-water
  764  sprinkler systems, foam-water spray systems, carbon dioxide CO2
  765  systems, foam extinguishing systems, dry chemical systems, and
  766  Halon and other chemical systems used for fire protection use.
  767  Such systems also include any overhead and underground fire
  768  mains, fire hydrants and hydrant mains, standpipes and hoses
  769  connected to sprinkler systems, sprinkler tank heaters, air
  770  lines, thermal systems used in connection with fire sprinkler
  771  systems, and tanks and pumps connected to fire sprinkler
  772  systems.
  773         (13)(11)A “Firesafety inspector” means is an individual
  774  who holds a current and valid Fire Safety Inspector Certificate
  775  of Compliance issued certified by the division State Fire
  776  Marshal under s. 633.216 s. 633.081 who is officially assigned
  777  the duties of conducting firesafety inspections of buildings and
  778  facilities on a recurring or regular basis on behalf of the
  779  state or any county, municipality, or special district with fire
  780  safety responsibilities.
  781         (14) “Fire service provider” means a municipality or
  782  county, the state, or any political subdivision of the state,
  783  including authorities and special districts, employing
  784  firefighters or utilizing volunteer firefighters to provide fire
  785  extinguishment for the protection of life and property. The term
  786  includes any organization under contract or other agreement with
  787  such entity to provide such services.
  788         (15)(12) “Handling” means touching, holding, taking up,
  789  moving, controlling, or otherwise affecting with the hand or by
  790  any other agency.
  791         (13)(a) For the purposes of s. 633.085(1), the term “high
  792  hazard occupancy” means any building or structure:
  793         1. That contains combustible or explosive matter or
  794  flammable conditions dangerous to the safety of life or
  795  property.
  796         2. In which persons receive educational instruction.
  797         3. In which persons reside, excluding private dwellings.
  798         4. Containing three or more floor levels.
  799  
  800  Such buildings or structures include, but are not limited to,
  801  all hospitals and residential health care facilities, nursing
  802  homes and other adult care facilities, correctional or detention
  803  facilities, public schools, public lodging establishments,
  804  migrant labor camps, residential child care facilities, and
  805  self-service gasoline stations.
  806         (b) For the purposes of this subsection, the term “high
  807  hazard occupancy” does not include any residential condominium
  808  where the declaration of condominium or the bylaws provide that
  809  the rental of units shall not be permitted for less than 90
  810  days.
  811         (16)(14) “Highway” means every way or place of whatever
  812  nature within the state open to the use of the public, as a
  813  matter of right, for purposes of vehicular traffic and includes
  814  public streets, alleys, roadways, or driveways upon grounds of
  815  colleges, universities, and institutions and other ways open to
  816  travel by the public, notwithstanding that the same have been
  817  temporarily closed for the purpose of construction,
  818  reconstruction, maintenance, or repair. The term does not
  819  include a roadway or driveway upon grounds owned by a private
  820  person.
  821         (17) “Hot zone” means the area immediately around an
  822  incident where serious threat of harm exists, which includes the
  823  collapse zone for a structure fire.
  824         (18)(15) “Keeping” means possessing, holding, retaining,
  825  maintaining, or having habitually in stock for sale.
  826         (19)(16) “Layout” as used in this chapter means the layout
  827  of risers, cross mains, branch lines, sprinkler heads, sizing of
  828  pipe, hanger locations, and hydraulic calculations in accordance
  829  with the design concepts established through the provisions of
  830  the Responsibility Rules adopted by the Board of Professional
  831  Engineers.
  832         (20)(17) “Manufacture” means the compounding, combining,
  833  producing, or making of anything or the working of anything by
  834  hand, by machinery, or by any other agency into forms suitable
  835  for use.
  836         (21)(18)A “Minimum firesafety standard” means is a
  837  requirement or group of requirements adopted pursuant to s.
  838  633.208 633.025 by a county, municipality, or special district
  839  with firesafety responsibilities, or by the State Fire Marshal
  840  pursuant to s. 394.879, for the protection of life and property
  841  from loss by fire which shall be met, as a minimum, by every
  842  occupancy, facility, building, structure, premises, device, or
  843  activity to which it applies.
  844         (22) “Minimum Standards Course” means training of at least
  845  360 hours as prescribed by rule adopted by the division which is
  846  required to obtain a Firefighter Certificate of Compliance under
  847  s. 633.408.
  848         (23)(19) “Motor vehicle” means any device propelled by
  849  power other than muscular power in, upon, or by which any
  850  individual person or property is or may be transported or drawn
  851  upon a highway, except a device moved or used exclusively upon
  852  stationary rails or tracks.
  853         (24)(20) “Point-of-service” means the point at which the
  854  underground piping for a fire protection system as defined in
  855  this section using water as the extinguishing agent becomes used
  856  exclusively for the fire protection system.
  857         (25)(21)(a) A “Preengineered system” means is a fire
  858  suppression system which:
  859         1. Uses any of a variety of extinguishing agents.
  860         2. Is designed to protect specific hazards.
  861         3. Must be installed according to pretested limitations and
  862  configurations specified by the manufacturer and applicable
  863  National Fire Protection Association (NFPA) standards. Only
  864  those chapters within the National Fire Protection Association
  865  standards which that pertain to servicing, recharging,
  866  repairing, installing, hydrotesting, or inspecting any type of
  867  preengineered fire extinguishing system may be used.
  868         4. Must be installed using components specified by the
  869  manufacturer or components that are listed as equal parts by a
  870  nationally recognized testing laboratory such as Underwriters
  871  Laboratories, Inc., or Factory Mutual Laboratories, Inc.
  872         5. Must be listed by a nationally recognized testing
  873  laboratory.
  874         (b) Preengineered systems consist of and include all of the
  875  components and parts providing fire suppression protection, but
  876  do not include the equipment being protected, and may
  877  incorporate special nozzles, flow rates, methods of application,
  878  pressurization levels, and quantities of agents designed by the
  879  manufacturer for specific hazards.
  880         (26)(22) “Private carrier” means a any motor vehicle,
  881  aircraft, or vessel operating intrastate in which there is
  882  identity of ownership between freight and carrier.
  883         (27)(23) “Sale” means the act of selling; the act whereby
  884  the ownership of property is transferred from one person to
  885  another for a sum of money or, loosely, for any consideration.
  886  The term includes the delivery of merchandise with or without
  887  consideration.
  888         (28)(24) “Special state firesafety inspector” means an
  889  individual officially assigned to the duties of conducting
  890  firesafety inspections required by law on behalf of or by an
  891  agency of the state having authority for inspections other than
  892  the division of State Fire Marshal.
  893         (29)(25)A “Sprinkler system” means is a type of fire
  894  protection system, either manual or automatic, using water as an
  895  extinguishing agent and installed in accordance with applicable
  896  National Fire Protection Association standards.
  897         (30)(26) “Storing” means accumulating, laying away, or
  898  depositing for preservation or as a reserve fund in a store,
  899  warehouse, or other source from which supplies may be drawn or
  900  within which they may be deposited. The term is limited in
  901  meaning and application to storage having a direct relationship
  902  to transportation.
  903         (31) “Support services” means those activities that a fire
  904  service provider has trained an individual to perform safely
  905  outside the hot zone of an emergency scene, including pulling
  906  hoses, opening and closing fire hydrants, driving and operating
  907  apparatus, carrying tools, carrying or moving equipment,
  908  directing traffic, manning a resource pool, or similar
  909  activities.
  910         (32) “Suspension” means the temporary withdrawal of a
  911  license, certificate, or permit issued pursuant to this chapter.
  912         (33)(27) “Transportation” means the conveying or carrying
  913  of property from one place to another by motor vehicle (except a
  914  motor vehicle subject to the provisions of s. 316.302),
  915  aircraft, or vessel, subject to such limitations as are set
  916  forth in s. 552.12, in which only the motor vehicles, aircraft,
  917  or vessels of the Armed Forces and other federal agencies are
  918  specifically exempted.
  919         (34)(28)A “Uniform firesafety standard” means is a
  920  requirement or group of requirements for the protection of life
  921  and property from loss by fire which shall be met by every
  922  building and structure specified in s. 633.206 633.022(1), and
  923  is not neither weakened or nor exceeded by law, rule, or
  924  ordinance of any other state agency or political subdivision or
  925  county, municipality, or special district with firesafety
  926  responsibilities.
  927         (35)(29) “Use” means application, employment; that
  928  enjoyment of property which consists of its employment,
  929  occupation, exercise, or practice.
  930         (36) “Volunteer firefighter” means an individual who holds
  931  a current and valid Volunteer Firefighter Certificate of
  932  Completion issued by the division under s. 633.408.
  933         Section 3. Section 633.01, Florida Statutes, is transferred
  934  and renumbered as section 633.104, Florida Statutes, subsections
  935  (1), (3), (5), (6), and (7) of that section are amended, and
  936  subsections (8) and (9) are added to that section, to read:
  937         633.104 633.01 State Fire Marshal; authority; powers and
  938  duties; rules.—
  939         (1) The Chief Financial Officer is designated as “State
  940  Fire Marshal.” The State Fire Marshal has authority to adopt
  941  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  942  provisions of this chapter conferring powers or duties upon the
  943  department. Rules must shall be in substantial conformity with
  944  generally accepted standards of firesafety; must shall take into
  945  consideration the direct supervision of children in
  946  nonresidential child care facilities; and must shall balance and
  947  temper the need of the State Fire Marshal to protect all
  948  Floridians from fire hazards with the social and economic
  949  inconveniences that may be caused or created by the rules. The
  950  department shall adopt the Florida Fire Prevention Code and the
  951  Life Safety Code.
  952         (3) The State Fire Marshal shall establish by rule
  953  guidelines and procedures for triennial renewal of firesafety
  954  inspector requirements for certification every four years.
  955         (5) It is the intent of the Legislature that there are to
  956  be no conflicting requirements between the Florida Fire
  957  Prevention Code and the Life Safety Code authorized by this
  958  chapter and the provisions of the Florida Building Code or
  959  conflicts in their enforcement and interpretation. Potential
  960  conflicts shall be resolved through coordination and cooperation
  961  of the State Fire Marshal and the Florida Building Commission as
  962  provided by this chapter and part IV of chapter 553.
  963         (6) Only the State Fire Marshal may issue, and, when
  964  requested in writing by any substantially affected person or a
  965  local enforcing agency, the State Fire Marshal shall issue
  966  declaratory statements pursuant to s. 120.565 relating to the
  967  Florida Fire Prevention Code and the Life Safety Code.
  968         (7) The State Fire Marshal, in consultation with the
  969  Department of Education, shall adopt and administer rules
  970  prescribing standards for the safety and health of occupants of
  971  educational and ancillary facilities pursuant to ss. 633.206
  972  633.022, 1013.12, 1013.37, and 1013.371. In addition, in any
  973  county, municipality, or special district that does not employ
  974  or appoint a firesafety inspector certified under s. 633.216
  975  633.081, the State Fire Marshal shall assume the duties of the
  976  local county, municipality, or independent special fire control
  977  district as defined in s. 191.003 with respect to firesafety
  978  inspections of educational property required under s.
  979  1013.12(3)(b), and the State Fire Marshal may take necessary
  980  corrective action as authorized under s. 1013.12(7).
  981         (8) The State Fire Marshal or her or his duly appointed
  982  hearing officer may administer oaths and take testimony about
  983  all matters within the jurisdiction of this chapter. Chapter 120
  984  governs hearings conducted by or on behalf of the State Fire
  985  Marshal.
  986         (9) The State Fire Marshal may contract with any qualified
  987  public entity or private company in accordance with chapter 287
  988  to provide examinations for any applicant for any examination
  989  administered under the jurisdiction of the State Fire Marshal.
  990  The State Fire Marshal may direct payments from each applicant
  991  for each examination directly to such contracted entity or
  992  company.
  993         Section 4. Section 633.163, Florida Statutes, is
  994  transferred, renumbered as section 633.106, Florida Statutes,
  995  and amended to read:
  996         633.106 633.163State Fire Marshal; disciplinary authority;
  997  administrative fine and probation in lieu of suspension,
  998  revocation, or refusal to issue a license, permit, or
  999  certificate.—
 1000         (1) The State Fire Marshal may deny, suspend, or revoke the
 1001  license, certificate, or permit of any individual who does not
 1002  meet the qualifications established by, or who violates any
 1003  provision under, this chapter or any rule authorized by this
 1004  chapter.
 1005         (2)(1) If the State Fire Marshal finds that one or more
 1006  grounds exist for the suspension, revocation, or refusal to
 1007  issue, renew, or continue any license, certificate, or permit
 1008  issued under this chapter, the State Fire Marshal may, in its
 1009  discretion, in lieu of the suspension, revocation, or refusal to
 1010  issue, renew, or continue, and, except on a second offense or
 1011  when the suspension, revocation, or refusal to issue, renew, or
 1012  continue is mandatory, impose upon the licensee,
 1013  certificateholder, or permittee one or more of the following:
 1014         (a) An administrative fine not to exceed $1,000 for each
 1015  violation, and not to exceed a total of $10,000 in any one
 1016  proceeding.
 1017         (b) Probation for a period not to exceed 2 years, as
 1018  specified by the State Fire Marshal in her or his order.
 1019         (3)(2) The State Fire Marshal may allow the licensee,
 1020  certificateholder, or permittee a reasonable period, not to
 1021  exceed 30 days, within which to pay to the State Fire Marshal
 1022  the amount of the fine. If the licensee, certificateholder, or
 1023  permittee fails to pay the administrative fine in its entirety
 1024  to the State Fire Marshal within such period, the license,
 1025  permit, or certificate shall stand suspended until payment of
 1026  the administrative fine.
 1027         (4) As a condition to probation or in connection therewith,
 1028  the State Fire Marshal may specify in her or his order
 1029  reasonable terms and conditions to be fulfilled by the
 1030  probationer during the probation period. If during the probation
 1031  period the State Fire Marshal has good cause to believe that the
 1032  probationer has violated any of the terms and conditions, she or
 1033  he shall suspend, revoke, or refuse to issue, renew, or continue
 1034  the license, certificate, or permit of the probationer, as upon
 1035  the original ground or grounds referred to in subsection (2).
 1036         Section 5. Section 633.15, Florida Statutes, is transferred
 1037  and renumbered as section 633.108, Florida Statutes.
 1038         Section 6. Section 633.101, Florida Statutes, is
 1039  transferred, renumbered as section 633.112, Florida Statutes,
 1040  and amended to read:
 1041         633.112 633.101State Fire Marshal; hearings;
 1042  investigations; recordkeeping and reports; subpoenas of
 1043  witnesses; orders of circuit court investigatory powers of State
 1044  Fire Marshal; costs of service and witness fees.—
 1045         (1) The State Fire Marshal may in his or her discretion
 1046  take or cause to be taken the testimony on oath of a person all
 1047  persons whom he or she believes to be cognizant of any facts in
 1048  relation to matters under investigation.
 1049         (2) If the State Fire Marshal is shall be of the opinion
 1050  that there is sufficient evidence to charge a any person with an
 1051  offense, he or she must shall cause the arrest of such person
 1052  and must shall furnish to the prosecuting officer of any court
 1053  having jurisdiction of the said offense all information obtained
 1054  by him or her, including a copy of all pertinent and material
 1055  testimony taken, together with the names and addresses of all
 1056  witnesses. In the conduct of such investigations, the State Fire
 1057  Marshal may request such assistance as may reasonably be given
 1058  by such prosecuting officers and other local officials.
 1059         (3) The State Fire Marshal may summon and compel the
 1060  attendance of witnesses before him or her to testify in relation
 1061  to any matter manner which is, by the provisions of this
 1062  chapter, a subject of inquiry and investigation, and he or she
 1063  may require the production of any book, paper, or document
 1064  deemed pertinent thereto by him or her, and may seize furniture
 1065  and other personal property to be held for evidence.
 1066         (4) A person All persons so summoned and so testifying
 1067  shall be entitled to the same witness fees and mileage as
 1068  provided for witnesses testifying in the circuit courts of this
 1069  state, and officers serving subpoenas or orders of the State
 1070  Fire Marshal shall be paid in like manner for like services in
 1071  such courts, from the funds herein provided.
 1072         (5) Any agent designated by the State Fire Marshal for such
 1073  purposes, may hold hearings, sign and issue subpoenas,
 1074  administer oaths, examine witnesses, receive evidence, and
 1075  require by subpoena the attendance and testimony of witnesses
 1076  and the production of such accounts, records, memoranda, or
 1077  other evidence, as may be material for the determination of any
 1078  complaint or conducting any inquiry or investigation under this
 1079  chapter. In the case of disobedience to a subpoena, the State
 1080  Fire Marshal or her or his agent may invoke the aid of any court
 1081  of competent jurisdiction in requiring the attendance and
 1082  testimony of witnesses and the production of accounts, records,
 1083  memoranda, or other evidence and any such court may in case of
 1084  refusal to obey a subpoena issued to a person, issue an order
 1085  requiring the person to appear before the State Fire Marshal’s
 1086  agent or produce accounts, records, memoranda, or other
 1087  evidence, as so ordered, or to give evidence touching any matter
 1088  pertinent to any complaint or the subject of any inquiry or
 1089  investigation, and any failure to obey such order of the court
 1090  shall be punished by the court as contempt.
 1091         (6) The State Fire Marshal shall investigate the cause,
 1092  origin, and circumstances of every fire or explosion occurring
 1093  in this state if property has been damaged or destroyed and
 1094  there is probable cause to believe that the fire or explosion
 1095  was the result of carelessness or design. Report of all such
 1096  investigations shall be made on approved forms to be furnished
 1097  by the State Fire Marshal.
 1098         Section 7. Section 633.111, Florida Statutes, is
 1099  transferred, renumbered as subsections (7) and (8) of section
 1100  633.112, Florida Statutes, and amended to read:
 1101         633.112State Fire Marshal; hearings; investigations;
 1102  recordkeeping and reports; subpoenas of witnesses; orders of
 1103  circuit court investigatory powers of State Fire Marshal; costs
 1104  of service and witness fees.—
 1105         (7) The State Fire Marshal shall keep in her or his office
 1106  a record of all fires and explosions occurring in this state
 1107  upon which she or he had caused an investigation to be made and
 1108  all facts concerning the same. These records, obtained or
 1109  prepared by the State Fire Marshal pursuant to her or his
 1110  investigation, include documents, papers, letters, maps,
 1111  diagrams, tapes, photographs, films, sound recordings, and
 1112  evidence. These records are confidential and exempt from the
 1113  provisions of s. 119.07(1) until the investigation is completed
 1114  or ceases to be active. For purposes of this section, an
 1115  investigation is considered “active” while such investigation is
 1116  being conducted by the department with a reasonable, good faith
 1117  belief that it may lead to the filing of administrative, civil,
 1118  or criminal proceedings. An investigation does not cease to be
 1119  active if the department is proceeding with reasonable dispatch,
 1120  and there is a good faith belief that action may be initiated by
 1121  the department or other administrative or law enforcement
 1122  agency. Further, these documents, papers, letters, maps,
 1123  diagrams, tapes, photographs, films, sound recordings, and
 1124  evidence relative to the subject of an investigation shall not
 1125  be subject to subpoena until the investigation is completed or
 1126  ceases to be active, unless the State Fire Marshal consents.
 1127  These records shall be made daily from the reports furnished the
 1128  State Fire Marshal by her or his agents or others.
 1129         (8) Whenever the State Fire Marshal releases an
 1130  investigative report, any person requesting a copy of the report
 1131  shall pay in advance, and the State Fire Marshal shall collect
 1132  in advance, notwithstanding the provisions of s. 624.501(19)(a)
 1133  and (b), a fee of $10 for the copy of the report, which fee
 1134  shall be deposited into the Insurance Regulatory Trust Fund. The
 1135  State Fire Marshal may release the report without charge to any
 1136  state attorney or to any law enforcement agency or fire
 1137  department assisting in the investigation.
 1138         Section 8. Section 633.02, Florida Statutes, is
 1139  transferred, renumbered as section 633.114, Florida Statutes,
 1140  and amended to read:
 1141         633.114 633.02State Fire Marshal agents Agents; authority;
 1142  powers and duties; compensation.—
 1143         (1) The State Fire Marshal shall appoint such agents as may
 1144  be necessary to carry out effectively the provisions of this
 1145  chapter, who shall be reimbursed for travel expenses as provided
 1146  in s. 112.061, in addition to their salary, when traveling or
 1147  making investigations in the performance of their duties. Such
 1148  agents shall be at all times under the direction and control of
 1149  the State Fire Marshal, who shall fix their compensation, and
 1150  all orders shall be issued in the State Fire Marshal’s name and
 1151  by her or his authority.
 1152         (2) The authority given the State Fire Marshal under this
 1153  chapter may be exercised by her or his agents, individually or
 1154  in conjunction with any other state or local official charged
 1155  with similar responsibilities.
 1156         Section 9. Section 633.14, Florida Statutes, is transferred
 1157  and renumbered as section 633.116, Florida Statutes.
 1158         Section 10. Section 633.121, Florida Statutes, is
 1159  transferred, renumbered as section 633.118, Florida Statutes,
 1160  and amended to read:
 1161         633.118 633.121 Persons authorized to enforce laws and
 1162  rules of State Fire Marshal.—The chiefs of county, municipal,
 1163  and special-district fire service providers departments; other
 1164  fire service provider department personnel designated by their
 1165  respective chiefs; and personnel designated by local governments
 1166  having no organized fire service providers departments are
 1167  authorized to enforce this chapter law and all rules prescribed
 1168  by the State Fire Marshal within their respective jurisdictions.
 1169  Such personnel acting under the authority of this section shall
 1170  be deemed to be agents of their respective jurisdictions, not
 1171  agents of the State Fire Marshal.
 1172         Section 11. Section 633.151, Florida Statutes, is
 1173  transferred, renumbered as section 633.122, Florida Statutes,
 1174  and amended to read:
 1175         633.122 633.151 Impersonating State Fire Marshal,
 1176  firefighter firefighters, volunteer firefighter, or firesafety
 1177  inspector; criminal penalties.—A person who falsely assumes or
 1178  pretends to be the State Fire Marshal, an agent of the division
 1179  of State Fire Marshal, a firefighter as defined in s. 112.81, a
 1180  volunteer firefighter, or a firesafety inspector by identifying
 1181  himself or herself as the State Fire Marshal, an agent of the
 1182  division, a firefighter, a volunteer firefighter, or a
 1183  firesafety inspector by wearing a uniform or presenting or
 1184  displaying a badge as credentials that would cause a reasonable
 1185  person to believe that he or she is a State Fire Marshal, an
 1186  agent of the division, a firefighter, a volunteer firefighter,
 1187  or firesafety inspector commits and who acts as such to require
 1188  a person to aid or assist him or her in any matter relating to
 1189  the duties of the State Fire Marshal, an agent of the division,
 1190  a firefighter, or a firesafety inspector is guilty of a felony
 1191  of the third degree, punishable as provided in ss. 775.082 and
 1192  775.083 or, if the impersonation occurs during the commission of
 1193  a separate felony by that person, commits is guilty of a felony
 1194  of the first degree, punishable as provided in ss. 775.082 and
 1195  775.083.
 1196         Section 12. Section 633.171, Florida Statutes, is
 1197  transferred and renumbered as section 633.124, Florida Statutes,
 1198  and subsections (1) and (2) and paragraph (b) of subsection (3)
 1199  of that section are amended, to read:
 1200         633.124 633.171 Penalty for violation of law, rule, or
 1201  order to cease and desist or for failure to comply with
 1202  corrective order.—
 1203         (1) A Any person who violates any provision of this chapter
 1204  law, any order or rule of the State Fire Marshal, or any order
 1205  to cease and desist or to correct conditions issued under this
 1206  chapter commits a misdemeanor of the second degree, punishable
 1207  as provided in s. 775.082 or s. 775.083.
 1208         (2) It is a misdemeanor of the first degree, punishable as
 1209  provided in s. 775.082 or s. 775.083, to intentionally or
 1210  willfully:
 1211         (a) Render a fire protection system, fire extinguisher, or
 1212  preengineered system required by statute or by rule inoperative
 1213  except while during such time as the fire protection system,
 1214  fire extinguisher, or preengineered system is being serviced,
 1215  hydrotested, tested, repaired, or recharged, except pursuant to
 1216  court order.
 1217         (b) Obliterate the serial number on a fire extinguisher for
 1218  purposes of falsifying service records.
 1219         (c) Improperly service, recharge, repair, hydrotest, test,
 1220  or inspect a fire extinguisher or preengineered system.
 1221         (d) Use the license, certificate, or permit number of
 1222  another person.
 1223         (e) Hold a license, certificate, or permit and allow
 1224  another person to use the license, certificate, or said permit
 1225  number.
 1226         (f) Use, or allow permit the use of, any license,
 1227  certificate, or permit by any individual or organization other
 1228  than the one to whom the license, certificate, or permit is
 1229  issued.
 1230         (3)
 1231         (b) A person who initiates a pyrotechnic display within any
 1232  structure commits a felony of the third degree, punishable as
 1233  provided in s. 775.082, s. 775.083, or s. 775.084, unless:
 1234         1. The structure has a fire protection system installed in
 1235  compliance with s. 633.334 633.065.
 1236         2. The owner of the structure has authorized in writing the
 1237  pyrotechnic display.
 1238         3. If the local jurisdiction requires a permit for the use
 1239  of a pyrotechnic display in an occupied structure, such permit
 1240  has been obtained and all conditions of the permit complied with
 1241  or, if the local jurisdiction does not require a permit for the
 1242  use of a pyrotechnic display in an occupied structure, the
 1243  person initiating the display has complied with National Fire
 1244  Protection Association, Inc., Standard 1126, 2001 Edition,
 1245  Standard for the Use of Pyrotechnics before a Proximate
 1246  Audience.
 1247         Section 13. Section 633.175, Florida Statutes, is
 1248  transferred and renumbered as section 633.126, Florida Statutes,
 1249  and subsections (1), (2), (3), (6), and (9) of that section are
 1250  amended, to read:
 1251         633.126 633.175 Investigation of fraudulent insurance
 1252  claims and crimes; immunity of insurance companies supplying
 1253  information.—
 1254         (1)(a) As used in this section, the term “consultant” means
 1255  any individual or entity, or employee of the individual or
 1256  entity, retained by an insurer to assist in the investigation of
 1257  a fire, explosion, or suspected fraudulent insurance act.
 1258         (b) The State Fire Marshal or an agent appointed pursuant
 1259  to s. 633.114 633.02, any law enforcement officer as defined in
 1260  s. 111.065, any law enforcement officer of a federal agency, or
 1261  any fire service provider department official who is engaged in
 1262  the investigation of a fire or explosion loss may request any
 1263  insurance company or its agent, adjuster, employee, or attorney,
 1264  investigating a claim under an insurance policy or contract with
 1265  respect to a fire or explosion to release any information
 1266  whatsoever in the possession of the insurance company or its
 1267  agent, adjuster, employee, or attorney relative to a loss from
 1268  that fire or explosion. The insurance company shall release the
 1269  available information to and cooperate with any official
 1270  authorized to request such information pursuant to this section.
 1271  The information shall include, but shall not be limited to:
 1272         1.(a) Any insurance policy relevant to a loss under
 1273  investigation and any application for such a policy.
 1274         2.(b) Any policy premium payment records.
 1275         3.(c) The records, reports, and all material pertaining to
 1276  any previous claims made by the insured with the reporting
 1277  company.
 1278         4.(d) Material relating to the investigation of the loss,
 1279  including statements of a any person, proof of loss, and other
 1280  relevant evidence.
 1281         5.(e) Memoranda, notes, and correspondence relating to the
 1282  investigation of the loss in the possession of the insurance
 1283  company or its agents, adjusters, employees, or attorneys.
 1284         (2) If an insurance company has reason to suspect that a
 1285  fire or explosion loss to its insured’s real or personal
 1286  property was caused by intentional incendiary means, the company
 1287  shall notify the State Fire Marshal and shall furnish her or him
 1288  with all material acquired by the company during the course of
 1289  its investigation. The State Fire Marshal may adopt rules to
 1290  implement this subsection.
 1291         (3) In the absence of fraud, bad faith, or malice, a no
 1292  representative of or consultant to an insurance company or of
 1293  the National Insurance Crime Bureau employed to adjust or
 1294  investigate losses caused by fire or explosion is not shall be
 1295  liable for damages in a civil action for furnishing information
 1296  concerning fires or explosion suspected to be other than
 1297  accidental to investigators employed by other insurance
 1298  companies or the National Insurance Crime Bureau.
 1299         (6) The actions of an insurance company or of its agents,
 1300  employees, adjusters, consultants, or attorneys, in complying
 1301  with the statutory obligation of this section may not shall in
 1302  no way be construed by a court as a waiver or abandonment of any
 1303  privilege or confidentiality of attorney work product, attorney
 1304  client communication, or such other privilege or immunity as is
 1305  provided by law.
 1306         (9) A Any person who willfully violates the provisions of
 1307  this section commits is guilty of a misdemeanor of the first
 1308  degree, punishable as provided in s. 775.082 or s. 775.083.
 1309         Section 14. Section 633.45, Florida Statutes, is
 1310  transferred, renumbered as section 633.128, Florida Statutes,
 1311  and amended to read:
 1312         633.128 633.45 Division of State Fire Marshal; powers,
 1313  duties.—
 1314         (1) The division shall:
 1315         (a) Establish, by rule, uniform minimum standards for the
 1316  employment and training of firefighters and volunteer
 1317  firefighters.
 1318         (b) Establish, by rule, minimum curriculum requirements and
 1319  criteria used to approve education or training providers,
 1320  including for schools operated by or for any fire service
 1321  provider, employing agency for the specific purpose of training
 1322  individuals seeking to become a firefighter recruits or
 1323  volunteer firefighter firefighters.
 1324         (c) Specify, by rule, standards for the approval, denial of
 1325  approval, probation, suspension, and revocation of approval of
 1326  education or training providers and facilities for training
 1327  firefighters and volunteer firefighters Approve institutions,
 1328  instructors, and facilities for school operation by or for any
 1329  employing agency for the specific purpose of training
 1330  firefighters and firefighter recruits.
 1331         (d) Specify, by rule, standards for the certification,
 1332  denial of certification, probation, and revocation of
 1333  certification for instructors, approval, denial of approval,
 1334  probation, and revocation of approval of institutions,
 1335  instructors, and facilities for training firefighters and
 1336  firefighter recruits; including a rule requiring each that an
 1337  instructor to must complete 40 hours of continuing education
 1338  every 3 years in order to maintain her or his certification the
 1339  approval of the department.
 1340         (e) Issue certificates of competency to persons who, by
 1341  reason of experience and completion of basic inservice training,
 1342  advanced education, or specialized training, are especially
 1343  qualified for particular aspects or classes of firefighting
 1344  firefighter duties.
 1345         (f) Establish, by rule, minimum training qualifications for
 1346  persons serving as firesafety coordinators for their respective
 1347  departments of state government and certify all persons who
 1348  satisfy such qualifications.
 1349         (g) Establish a uniform lesson plan to be followed by
 1350  firesafety instructors in the training of state employees in
 1351  firesafety and emergency evacuation procedures.
 1352         (h) Have complete jurisdiction over, and complete
 1353  management and control of, the Florida State Fire College and be
 1354  invested with full power and authority to make all rules and
 1355  regulations necessary for the governance of the said
 1356  institution.
 1357         (i) Appoint a superintendent of the Florida State Fire
 1358  College and such other instructors, experimental helpers, and
 1359  laborers as may be necessary and remove the same as in the
 1360  division’s its judgment and discretion may be best, fix their
 1361  compensation, and provide for their payment.
 1362         (j) Have full management, possession, and control of the
 1363  lands, buildings, structures, and property belonging to the
 1364  Florida State Fire College.
 1365         (k) Provide for the courses of study and curriculum of the
 1366  Florida State Fire College.
 1367         (l) Make rules and regulations for the admission of
 1368  trainees to the Florida State Fire College.
 1369         (m) Visit and inspect the Florida State Fire College and
 1370  every department thereof and provide for the proper keeping of
 1371  accounts and records thereof.
 1372         (n) Make and prepare all necessary budgets of expenditures
 1373  for the enlargement, proper furnishing, maintenance, support,
 1374  and conduct of the Florida State Fire College.
 1375         (o) Select and purchase all property, furniture, fixtures,
 1376  and paraphernalia necessary for the Florida State Fire College.
 1377         (p) Build, construct, change, enlarge, repair, and maintain
 1378  any and all buildings or structures of the Florida State Fire
 1379  College that may at any time be necessary for the said
 1380  institution and purchase and acquire all lands and property
 1381  necessary for same, of every nature and description whatsoever.
 1382         (q) Care for and maintain the Florida State Fire College
 1383  and do and perform every other matter or thing requisite to the
 1384  proper management, maintenance, support, and control of the said
 1385  institution, necessary or requisite to carry out fully the
 1386  purpose of this chapter act and for raising it to, and
 1387  maintaining it at, the proper efficiency and standard as
 1388  required in and by part IV the provisions of ss. 633.43-633.49.
 1389         (r) Issue a license, certificate, or permit of a specific
 1390  class to an individual who successfully completes the training,
 1391  education, and examination required under this chapter or by
 1392  rule for such class of license, certificate, or permit.
 1393         (2) The division, subject to the limitations and
 1394  restrictions elsewhere herein imposed in this chapter, may:
 1395         (a) Adopt rules and regulations for the administration of
 1396  this chapter ss. 633.30-633.49 pursuant to chapter 120.
 1397         (b) Adopt a seal and alter the same at its pleasure.
 1398         (c) Sue and be sued.
 1399         (d) Acquire any real or personal property by purchase,
 1400  gift, or donation, and have water rights.
 1401         (e) Exercise the right of eminent domain to acquire any
 1402  property and lands necessary to the establishment, operation,
 1403  and expansion of the Florida State Fire College.
 1404         (f) Make contracts and execute necessary or convenient
 1405  instruments.
 1406         (g) Undertake by contract or contracts, or by its own agent
 1407  and employees, and otherwise than by contract, any project or
 1408  projects, and operate and maintain such projects.
 1409         (h) Accept grants of money, materials, or property of any
 1410  kind from a federal agency, private agency, county, municipality
 1411  city, town, corporation, partnership, or individual upon such
 1412  terms and conditions as the grantor may impose.
 1413         (i) Perform all acts and do all things necessary or
 1414  convenient to carry out the powers granted herein and the
 1415  purposes of this chapter ss. 633.30-633.49.
 1416         (3) The title to all property referred to in part IV ss.
 1417  633.43-633.49, however acquired, shall be vested in the
 1418  department and shall only be transferred and conveyed by it.
 1419         Section 15. Section 633.132, Florida Statutes, is created
 1420  to read:
 1421         633.132 Fees.—
 1422         (1) The division shall collect in advance the following
 1423  fees that it deems necessary to be charged:
 1424         (a) Pursuant to part III of this chapter:
 1425         1. Contractor certificate initial application: $300 for
 1426  each class of certificate.
 1427         2. Contractor biennial renewal fee: $150 for each class of
 1428  certificate.
 1429         3. Contractor permit initial application fee: $100 for each
 1430  class of permit.
 1431         4. Contractor permit biennial renewal fee: $50 for each
 1432  class of permit.
 1433         5. Contractor examination or reexamination fee: $100 for
 1434  each class of certificate.
 1435         6. Fire equipment dealer license:
 1436         a. Class A: $250.
 1437         b. Class B: $150.
 1438         c. Class C: $150.
 1439         d. Class D: $200.
 1440         7. Fire equipment dealer or contractor application and
 1441  renewal fee for an inactive license: $75.
 1442         8. Fire equipment dealer license or permit exam or
 1443  reexamination: $50.
 1444         9. Reinspection fee for a dealer equipment inspection
 1445  conducted by the State Fire Marshal under s. 633.304(1): $50 for
 1446  each reinspection.
 1447         10. Permit for a portable fire extinguisher
 1448  installer/repairer/inspector: $90.
 1449         11. Permit for a preengineered fire extinguishing system
 1450  installer/repairer/inspector: $120.
 1451         12. Conversion of a fire equipment dealer’s license to a
 1452  different category: $10 for each permit and license.
 1453         (b) Pursuant to part IV of this chapter:
 1454         1. Certificate of compliance: $30.
 1455         2. Certificate of competency: $30.
 1456         3. Renewal fee for a certificate of compliance, competency,
 1457  or instruction: $15.
 1458         (c) Duplicate or change of address for any license, permit,
 1459  or certificate: $10.
 1460         (2) The division may establish by rule any fee necessary to
 1461  cover administrative costs associated with administering this
 1462  chapter and may provide by rule for the advance collection of
 1463  such fees.
 1464         (3) All moneys collected by the State Fire Marshal pursuant
 1465  to this chapter are appropriated for the use of the State Fire
 1466  Marshal in the administration of this chapter and shall be
 1467  deposited in the Insurance Regulatory Trust Fund.
 1468         Section 16. Section 633.39, Florida Statutes, is
 1469  transferred and renumbered as section 633.134, Florida Statutes.
 1470         Section 17. Section 633.115, Florida Statutes, is
 1471  transferred, renumbered as section 633.136, Florida Statutes,
 1472  and amended to read:
 1473         633.136 633.115 Fire and Emergency Incident Information
 1474  Reporting Program; duties; fire reports.—
 1475         (1)(a) The Fire and Emergency Incident Information
 1476  Reporting Program is created within the division of State Fire
 1477  Marshal. The program shall:
 1478         1. Establish and maintain an electronic communication
 1479  system capable of transmitting fire and emergency incident
 1480  information to and between fire protection agencies.
 1481         2. Initiate a Fire and Emergency Incident Information
 1482  Reporting System that shall be responsible for:
 1483         a. Receiving fire and emergency incident information from
 1484  fire protection agencies.
 1485         b. Preparing and disseminating annual reports to the
 1486  Governor, the President of the Senate, the Speaker of the House
 1487  of Representatives, fire protection agencies, and, upon request,
 1488  the public. Each report shall include, but not be limited to,
 1489  the information listed in the National Fire Incident Reporting
 1490  System.
 1491         c. Upon request, providing other states and federal
 1492  agencies with fire and emergency incident data of this state.
 1493         3. Adopt rules to effectively and efficiently implement,
 1494  administer, manage, maintain, and use the Fire and Emergency
 1495  Incident Information Reporting Program. The rules shall be
 1496  considered minimum requirements and shall not preclude a fire
 1497  protection agency from implementing its own requirements which
 1498  may shall not conflict with the rules of the division of State
 1499  Fire Marshal.
 1500         4. By rule, establish procedures and a format for each fire
 1501  protection agency to voluntarily monitor its records and submit
 1502  reports to the program.
 1503         5. Establish an electronic information database that which
 1504  is accessible and searchable by fire protection agencies.
 1505         (b) The division of State Fire Marshal shall consult with
 1506  the Florida Forest Service of the Department of Agriculture and
 1507  Consumer Services and the State Surgeon General of the
 1508  Department of Health to coordinate data, ensure accuracy of the
 1509  data, and limit duplication of efforts in data collection,
 1510  analysis, and reporting.
 1511         (2) The Fire and Emergency Incident Information System
 1512  Technical Advisory Panel is created within the division of State
 1513  Fire Marshal. The panel shall advise, review, and recommend to
 1514  the State Fire Marshal with respect to the requirements of this
 1515  section. The membership of the panel shall consist of the
 1516  following 15 members:
 1517         (a) The current 13 members of the Firefighters Employment,
 1518  Standards, and Training Council as established in s. 633.402
 1519  633.31.
 1520         (b) One member from the Florida Forest Service of the
 1521  Department of Agriculture and Consumer Services, appointed by
 1522  the director of the Florida Forest Service.
 1523         (c) One member from the Department of Health, appointed by
 1524  the State Surgeon General.
 1525         (3) For the purpose of this section, the term “fire
 1526  protection agency” shall be defined by rule by the division of
 1527  State Fire Marshal.
 1528         Section 18. Section 633.138, Florida Statutes, is created
 1529  to read:
 1530         633.138 Notice of change of address of record; notice of
 1531  felony actions.—
 1532         (1) Any individual issued a license, permit, or certificate
 1533  under this chapter shall notify the division in writing of any
 1534  changes to her or his current mailing address, e-mail address,
 1535  and place of practice as specified in rule adopted by the
 1536  division.
 1537         (2) Notwithstanding any other provision of law, delivery by
 1538  regular mail or e-mail to a licensee, permittee, or
 1539  certificateholder, using the last known mailing address or e
 1540  mail address on record with the division, constitutes adequate
 1541  and sufficient notice to the licensee, permittee, or
 1542  certificateholder of any official communication by the division.
 1543         (3) Any individual issued a license, permit, or certificate
 1544  under this chapter shall notify the division in writing within
 1545  30 days after pleading guilty or nolo contendere to, or being
 1546  convicted or found guilty of, any felony or a crime punishable
 1547  by imprisonment of 1 year or more under the law of the United
 1548  States or of any state thereof, or under the law of any other
 1549  country, without regard to whether a judgment of conviction has
 1550  been entered by the court having jurisdiction of the case.
 1551         Section 19. Section 633.042, Florida Statutes, is
 1552  transferred and renumbered as section 633.142, Florida Statutes,
 1553  and subsection (11) of that section is amended, to read:
 1554         633.142 633.042 Reduced Cigarette Ignition Propensity
 1555  Standard and Firefighter Protection Act; preemption.—
 1556         (11) PREEMPTION.—
 1557         (a) This section shall be repealed if a federal reduced
 1558  cigarette ignition propensity standard that preempts this
 1559  section is adopted and becomes effective.
 1560         (b)Notwithstanding any other provision of law, local
 1561  governmental units of this state may not enact or enforce any
 1562  ordinance or other local law or rule conflicting with, or
 1563  preempted by, any provision of this act or any policy of this
 1564  state expressed by this act, whether that policy be expressed by
 1565  inclusion of a provision in this act or by exclusion of that
 1566  subject from this act.
 1567         Section 20. The Division of Law Revision and Information is
 1568  requested to create part II of chapter 633, Florida Statutes,
 1569  consisting of sections 633.202, 633.204, 633.206, 633.208,
 1570  633.212, 633.214, 633.216, 633.218, 633.222, 633.224, 633.226,
 1571  and 633.228, Florida Statutes, to be entitled “Fire Safety and
 1572  Prevention.”
 1573         Section 21. Section 633.0215, Florida Statutes, is
 1574  transferred and renumbered as section 633.202, Florida Statutes,
 1575  and subsections (2), (4), (7), (9), (10), and (12) through (15)
 1576  of that section are amended, to read:
 1577         633.202 633.0215 Florida Fire Prevention Code.—
 1578         (2) The State Fire Marshal shall adopt the current edition
 1579  of the National Fire Protection Association’s Standard 1, Fire
 1580  Prevention Code but may shall not adopt a building, mechanical,
 1581  or plumbing code. The State Fire Marshal shall adopt the current
 1582  edition of the Life Safety Code, NFPA Pamphlet 101, current
 1583  editions, by reference. The State Fire Marshal may modify the
 1584  selected codes and standards as needed to accommodate the
 1585  specific needs of the state. Standards or criteria in the
 1586  selected codes shall be similarly incorporated by reference. The
 1587  State Fire Marshal shall incorporate within sections of the
 1588  Florida Fire Prevention Code provisions that address uniform
 1589  firesafety standards as established in s. 633.206 633.022. The
 1590  State Fire Marshal shall incorporate within sections of the
 1591  Florida Fire Prevention Code provisions addressing regional and
 1592  local concerns and variations.
 1593         (4) The State Fire Marshal shall update, by rule adopted
 1594  pursuant to ss. 120.536(1) and 120.54, the Florida Fire
 1595  Prevention Code every 3 years. Once initially adopted and
 1596  subsequently updated, the Florida Fire Prevention Code and the
 1597  Life Safety Code shall be adopted for use statewide without
 1598  adoptions by local governments. When updating the Florida Fire
 1599  Prevention Code and the most recent edition of the Life Safety
 1600  Code, the State Fire Marshal shall consider changes made by the
 1601  national model fire codes incorporated into the Florida Fire
 1602  Prevention Code, the State Fire Marshal’s own interpretations,
 1603  declaratory statements, appellate decisions, and approved
 1604  statewide and local technical amendments.
 1605         (7) Any local amendment adopted by a local government must
 1606  strengthen the Fire Prevention Code requirements of the minimum
 1607  firesafety code.
 1608         (9) The State Fire Marshal shall make rules that implement
 1609  this section and ss. 633.104 and 633.208 633.01 and 633.025 for
 1610  the purpose of accomplishing the objectives set forth in those
 1611  sections.
 1612         (10) Notwithstanding other provisions of this chapter, if a
 1613  county or a municipality within that county adopts an ordinance
 1614  providing for a local amendment to the Florida Fire Prevention
 1615  Code and that amendment provides a higher level of protection to
 1616  the public than the level specified in the Florida Fire
 1617  Prevention Code, the local amendment becomes effective without
 1618  approval of the State Fire Marshal and is not rescinded pursuant
 1619  to the provisions of this section, provided that the ordinance
 1620  meets one or more of the following criteria:
 1621         (a) The local authority has adopted, by ordinance, a fire
 1622  service facilities and operation plan that outlines goals and
 1623  objectives for related equipment, personnel, and capital
 1624  improvement needs of the local authority related to the specific
 1625  amendment for the next 5 years;
 1626         (b) The local authority has adopted, by ordinance, a
 1627  provision requiring proportionate reduction in, or rebate or
 1628  waivers of, impact or other fees or assessments levied on
 1629  buildings that are built or modified in compliance with the more
 1630  stringent firesafety standards required by the local amendment;
 1631  or
 1632         (c) The local authority has adopted, by ordinance, a growth
 1633  management plan that requires buildings and structures to be
 1634  equipped with more stringent firesafety requirements required by
 1635  the local amendment when these firesafety requirements are used
 1636  as the basis for planning infrastructure development, uses, or
 1637  housing densities.
 1638  
 1639  Except as provided in s. 633.206 633.022, the local appeals
 1640  process shall be the venue if there is a dispute between parties
 1641  affected by the provisions of the more stringent local
 1642  firesafety amendment adopted as part of the Florida Fire
 1643  Prevention Code pursuant to the authority in this subsection.
 1644  Local amendments adopted pursuant to this subsection shall be
 1645  deemed local or regional variations and published as such in the
 1646  Florida Fire Prevention Code. The act of publishing locally
 1647  adopted firesafety amendments to the Florida Fire Prevention
 1648  Code may shall not be construed to mean that the State Fire
 1649  Marshal approves or denies the authenticity or appropriateness
 1650  of the locally adopted firesafety provision, and the burden of
 1651  protecting the local firesafety amendment remains solely with
 1652  the adopting local governmental authority.
 1653         (12) Notwithstanding other provisions of this section, the
 1654  State Fire Marshal shall study the use of managed, facilities
 1655  based, voice-over-Internet-protocol telephone service for
 1656  monitoring fire alarm signals. If the study determines that
 1657  voice-over-Internet-protocol telephone service technology
 1658  provides a level of protection equivalent to that required by
 1659  NFPA 72: National Fire Alarm Code, the State Fire Marshal shall
 1660  initiate rulemaking pursuant to ss. 120.536(1) and 120.54 by
 1661  December 1, 2008, to allow the use of this technology as an
 1662  additional method of monitoring fire alarm systems.
 1663         (12)(13)(a) The State Fire Marshal shall issue an expedited
 1664  declaratory statement relating to interpretations of provisions
 1665  of the Florida Fire Prevention Code according to the following
 1666  guidelines:
 1667         1. The declaratory statement shall be rendered in
 1668  accordance with s. 120.565, except that a final decision must be
 1669  issued by the State Fire Marshal within 45 days after the
 1670  division’s receipt of a petition seeking an expedited
 1671  declaratory statement. The State Fire Marshal shall give notice
 1672  of the petition and the expedited declaratory statement or the
 1673  denial of the petition in the next available issue of the
 1674  Florida Administrative Register Weekly after the petition is
 1675  filed and after the statement or denial is rendered.
 1676         2. The petitioner must be the owner of the disputed project
 1677  or the owner’s representative.
 1678         3. The petition for an expedited declaratory statement must
 1679  be:
 1680         a. Related to an active project that is under construction
 1681  or must have been submitted for a permit.
 1682         b. The subject of a written notice citing a specific
 1683  provision of the Florida Fire Prevention Code which is in
 1684  dispute.
 1685         c. Limited to a single question that is capable of being
 1686  answered with a “yes” or “no” response.
 1687         (b) A petition for a declaratory statement which does not
 1688  meet all of the requirements of this subsection must be denied
 1689  without prejudice. This subsection does not affect the right of
 1690  the petitioner as a substantially affected person to seek a
 1691  declaratory statement under s. 633.104(6) 633.01(6).
 1692         (13)(14) A condominium, cooperative, or multifamily
 1693  residential building that is less than four stories in height
 1694  and has an exterior corridor providing a means of egress is
 1695  exempt from installing a manual fire alarm system as required in
 1696  s. 9.6 of the most recent edition of the Life Safety Code
 1697  adopted in the Florida Fire Prevention Code. This is intended to
 1698  clarify existing law.
 1699         (14)(15) The Legislature finds that the electronic filing
 1700  of construction plans will increase governmental efficiency,
 1701  reduce costs, and increase timeliness of processing permits. If
 1702  the fire code administrator or fire official provides for
 1703  electronic filing, any construction plans, drawings,
 1704  specifications, reports, final documents, or documents prepared
 1705  or issued by a licensee may be dated and electronically signed
 1706  and sealed by the licensee in accordance with part I of chapter
 1707  668, and may be transmitted electronically to the fire code
 1708  administrator or fire official for approval.
 1709         Section 22. Section 633.72, Florida Statutes, is
 1710  transferred, renumbered as section 633.204, Florida Statutes,
 1711  and amended to read:
 1712         633.204 633.72 Florida Fire Code Advisory Council.—
 1713         (1) There is created within the department the Florida Fire
 1714  Code Advisory Council with 11 members appointed by the State
 1715  Fire Marshal. The council shall advise and recommend to the
 1716  State Fire Marshal changes to and interpretation of the uniform
 1717  firesafety standards adopted under s. 633.206 633.022, the
 1718  Florida Fire Prevention Code, and those portions of the Florida
 1719  Fire Prevention Code that have the effect of conflicting with
 1720  building construction standards that are adopted pursuant to ss.
 1721  633.202 and 633.206 633.0215 and 633.022. The members of the
 1722  council shall represent the following groups and professions:
 1723         (a) One member shall be the State Fire Marshal, or his or
 1724  her designated appointee who shall be an administrative employee
 1725  of the marshal.;
 1726         (b) One member shall be an administrative officer from a
 1727  fire department representing a municipality, or a county, or a
 1728  special district selected from a list of persons submitted by
 1729  the Florida Fire Chiefs Association.;
 1730         (c) One member shall be an architect licensed in the state
 1731  selected from a list of persons submitted by the Florida
 1732  Association/American Institute of Architects.;
 1733         (d) One member shall be an engineer with fire protection
 1734  design experience registered to practice in the state selected
 1735  from a list of persons submitted by the Florida Engineering
 1736  Society.;
 1737         (e) One member shall be an administrative officer from a
 1738  building department of a county or municipality selected from a
 1739  list of persons submitted by the Building Officials Association
 1740  of Florida.;
 1741         (f) One member shall be a contractor licensed in the state
 1742  selected from a list submitted by the Florida Home Builders
 1743  Association.;
 1744         (g) One member shall be a Florida certified firefighter
 1745  selected from a list submitted by the Florida Professional
 1746  Firefighters’ Association.;
 1747         (h) One member shall be a Florida certified firesafety
 1748  municipal fire inspector selected from a list submitted by the
 1749  Florida Fire Marshals’ and Inspectors’ Marshal’s Association.;
 1750         (i) One member shall be selected from a list submitted by
 1751  the Department of Education.;
 1752         (j) One member shall be selected from a list submitted by
 1753  the Chancellor of the State University System.; and
 1754         (k) One member shall be representative of the general
 1755  public.
 1756         (2) The State Fire Marshal and the Florida Building
 1757  Commission shall coordinate efforts to provide consistency
 1758  between the Florida Building Code and the Florida Fire
 1759  Prevention Code and the Life Safety Code.
 1760         (3) The council shall meet at least semiannually if
 1761  necessary to advise the State Fire Marshal’s Office on matters
 1762  subject to this section.
 1763         (4) The council may review proposed changes to the Florida
 1764  Fire Prevention Code and the uniform fire safety standards
 1765  pursuant to s. 633.202(4).
 1766         (5)(3) The council and Florida Building Commission shall
 1767  cooperate through joint representation and coordination of codes
 1768  and standards to resolve conflicts in their development,
 1769  updating, and interpretation.
 1770         (6)(4) Each appointee shall serve a 4-year term. No member
 1771  shall serve more than two consecutive terms. A No member of the
 1772  council may not shall be paid a salary as such member, but each
 1773  shall receive travel and expense reimbursement as provided in s.
 1774  112.061.
 1775         Section 23. Section 633.022, Florida Statutes, is
 1776  transferred and renumbered as section 633.206, Florida Statutes,
 1777  and subsection (1) and paragraph (a) of subsection (4) of that
 1778  section are amended, to read:
 1779         633.206 633.022 Uniform firesafety standards.—The
 1780  Legislature hereby determines that to protect the public health,
 1781  safety, and welfare it is necessary to provide for firesafety
 1782  standards governing the construction and utilization of certain
 1783  buildings and structures. The Legislature further determines
 1784  that certain buildings or structures, due to their specialized
 1785  use or to the special characteristics of the person utilizing or
 1786  occupying these buildings or structures, should be subject to
 1787  firesafety standards reflecting these special needs as may be
 1788  appropriate.
 1789         (1) The department shall establish uniform firesafety
 1790  standards that apply to:
 1791         (a) All new, existing, and proposed state-owned and state
 1792  leased buildings, including state universities as defined under
 1793  s. 1000.21.
 1794         (b) All new, existing, and proposed hospitals, nursing
 1795  homes, assisted living facilities, adult family-care homes,
 1796  correctional facilities, public schools, transient public
 1797  lodging establishments, public food service establishments,
 1798  elevators, migrant labor camps, mobile home parks, lodging
 1799  parks, recreational vehicle parks, recreational camps,
 1800  residential and nonresidential child care facilities, facilities
 1801  for the developmentally disabled, motion picture and television
 1802  special effects productions, and tunnels, and self-service
 1803  gasoline stations, of which standards the State Fire Marshal is
 1804  the final administrative interpreting authority.
 1805  
 1806  In the event there is a dispute between the owners of the
 1807  buildings specified in paragraph (b) and a local authority
 1808  requiring a more stringent uniform firesafety standard for
 1809  sprinkler systems, the State Fire Marshal shall be the final
 1810  administrative interpreting authority and the State Fire
 1811  Marshal’s interpretation regarding the uniform firesafety
 1812  standards shall be considered final agency action.
 1813         (4)(a) Notwithstanding any provision of law to the
 1814  contrary, each nursing home licensed under part II of chapter
 1815  400 shall be protected throughout by an approved, supervised
 1816  automatic sprinkler system in accordance with s. 9 of National
 1817  Fire Protection Association, Inc., Life Safety Code, no later
 1818  than December 31, 2010. A nursing home licensee shall submit
 1819  complete sprinkler construction documents to the Agency for
 1820  Health Care Administration for review by December 31, 2008, and
 1821  the licensee must gain final approval to start construction from
 1822  the agency by June 30, 2009. The agency shall grant a 6-month
 1823  extension to a nursing home licensee if the completion and
 1824  submission of the sprinkler construction documents are
 1825  contingent upon the approval of the application for the loan
 1826  guarantee program authorized under s. 633.0245. In such case,
 1827  the agency may extend the deadline for final approval to begin
 1828  construction beyond June 30, 2009, but the deadline may not be
 1829  extended beyond December 31, 2009.
 1830         Section 24. Section 633.025, Florida Statutes, is
 1831  transferred, renumbered as section 633.208, Florida Statutes,
 1832  and amended to read:
 1833         633.208 633.025 Minimum firesafety standards.—
 1834         (1) The Florida Fire Prevention Code and the Life Safety
 1835  Code adopted by the State Fire Marshal, which shall operate in
 1836  conjunction with the Florida Building Code, shall be deemed
 1837  adopted by each municipality, county, and special district with
 1838  firesafety responsibilities. The minimum firesafety codes do
 1839  shall not apply to buildings and structures subject to the
 1840  uniform firesafety standards under s. 633.206 633.022 and
 1841  buildings and structures subject to the minimum firesafety
 1842  standards adopted pursuant to s. 394.879.
 1843         (2) Pursuant to subsection (1), each municipality, county,
 1844  and special district with firesafety responsibilities shall
 1845  enforce the Florida Fire Prevention Code and the Life Safety
 1846  Code as the minimum firesafety code required by this section.
 1847         (3) The most current edition of the National Fire
 1848  Protection Association (NFPA) 101, Life Safety Code, adopted by
 1849  the State Fire Marshal, shall be deemed to be adopted by each
 1850  municipality, county, and special district with firesafety
 1851  responsibilities as part of the minimum firesafety code.
 1852         (3)(4) Such code codes shall be a minimum code codes and a
 1853  municipality, county, or special district with firesafety
 1854  responsibilities may adopt more stringent firesafety standards,
 1855  subject to the requirements of this subsection. Such county,
 1856  municipality, or special district may establish alternative
 1857  requirements to those requirements which are required under the
 1858  minimum firesafety standards on a case-by-case basis, in order
 1859  to meet special situations arising from historic, geographic, or
 1860  unusual conditions, if the alternative requirements result in a
 1861  level of protection to life, safety, or property equal to or
 1862  greater than the applicable minimum firesafety standards. For
 1863  the purpose of this subsection, the term “historic” means that
 1864  the building or structure is listed on the National Register of
 1865  Historic Places of the United States Department of the Interior.
 1866         (a) The local governing body shall determine, following a
 1867  public hearing which has been advertised in a newspaper of
 1868  general circulation at least 10 days before the hearing, if
 1869  there is a need to strengthen the requirements of the minimum
 1870  firesafety code adopted by such governing body. The
 1871  determination must be based upon a review of local conditions by
 1872  the local governing body, which review demonstrates that local
 1873  conditions justify more stringent requirements than those
 1874  specified in the minimum firesafety code for the protection of
 1875  life and property or justify requirements that meet special
 1876  situations arising from historic, geographic, or unusual
 1877  conditions.
 1878         (b) Such additional requirements may shall not be
 1879  discriminatory as to materials, products, or construction
 1880  techniques of demonstrated capabilities.
 1881         (c) Paragraphs (a) and (b) apply solely to the local
 1882  enforcing agency’s adoption of requirements more stringent than
 1883  those specified in the Florida Fire Prevention Code and the Life
 1884  Safety Code that have the effect of amending building
 1885  construction standards. Upon request, the enforcing agency must
 1886  shall provide a person making application for a building permit,
 1887  or any state agency or board with construction-related
 1888  regulation responsibilities, a listing of all such requirements
 1889  and codes.
 1890         (d) A local government which adopts amendments to the
 1891  minimum firesafety code must provide a procedure by which the
 1892  validity of such amendments may be challenged by any
 1893  substantially affected party to test the amendment’s compliance
 1894  with the provisions of this section.
 1895         1. Unless the local government agrees to stay enforcement
 1896  of the amendment, or other good cause is shown, the challenging
 1897  party shall be entitled to a hearing on the challenge within 45
 1898  days.
 1899         2. For purposes of such challenge, the burden of proof
 1900  shall be on the challenging party, but the amendment may shall
 1901  not be presumed to be valid or invalid.
 1902  
 1903  This subsection gives local government the authority to
 1904  establish firesafety codes that exceed the Florida Fire
 1905  Prevention Code minimum firesafety codes and standards adopted
 1906  by the State Fire Marshal. The Legislature intends that local
 1907  government give proper public notice and hold public hearings
 1908  before adopting more stringent firesafety codes and standards. A
 1909  substantially affected person may appeal, to the department, the
 1910  local government’s resolution of the challenge, and the
 1911  department shall determine if the amendment complies with this
 1912  section. Actions of the department are subject to judicial
 1913  review pursuant to s. 120.68. The department shall consider
 1914  reports of the Florida Building Commission, pursuant to part IV
 1915  of chapter 553, when evaluating building code enforcement.
 1916         (4)(5) The new building or structure provisions enumerated
 1917  within the Florida Fire Prevention Code firesafety code adopted
 1918  pursuant to this section shall apply only to buildings or
 1919  structures for which the building permit is issued on or after
 1920  the effective date of the current edition of the Florida Fire
 1921  Prevention Code this act. Subject to the provisions of
 1922  subsection (5) (6), the existing building or structure
 1923  provisions enumerated within the firesafety code adopted
 1924  pursuant to this section shall apply to buildings or structures
 1925  for which the building permit was issued or the building or
 1926  structure was constructed before prior to the effective date of
 1927  this act.
 1928         (5)(6) With regard to existing buildings, the Legislature
 1929  recognizes that it is not always practical to apply any or all
 1930  of the provisions of the Florida Fire Prevention Code minimum
 1931  firesafety code and that physical limitations may require
 1932  disproportionate effort or expense with little increase in fire
 1933  or life safety lifesafety. Prior to applying the minimum
 1934  firesafety code to an existing building, the local fire official
 1935  shall determine that a threat to lifesafety or property exists.
 1936  If a threat to lifesafety or property exists, the firesafety
 1937  inspector fire official shall apply the applicable firesafety
 1938  code for existing buildings to the extent practical to assure a
 1939  reasonable degree of lifesafety and safety of property or the
 1940  firesafety inspector fire official shall fashion a reasonable
 1941  alternative which affords an equivalent degree of lifesafety and
 1942  safety of property. The decision of the local firesafety
 1943  inspector fire official may be appealed to the local
 1944  administrative board described in s. 553.73.
 1945         (6)(7) Nothing herein shall preclude a municipality,
 1946  county, or special district from requiring a structure to be
 1947  maintained in accordance with the Florida Fire Prevention Code
 1948  applicable firesafety code.
 1949         (7)(8) Electrically operated single station smoke detectors
 1950  required for residential buildings are not required to be
 1951  interconnected within individual living units in all buildings
 1952  having direct access to the outside from each living unit and
 1953  having three stories or less. This subsection does not apply to
 1954  any residential building required to have a manual or an
 1955  automatic fire alarm system.
 1956         (8)(9) The provisions of the Life Safety Code, as contained
 1957  in the Florida Fire Prevention Code, do shall not apply to newly
 1958  constructed one-family and two-family dwellings. However, fire
 1959  sprinkler protection may be permitted by local government in
 1960  lieu of other fire protection-related development requirements
 1961  for such structures. While local governments may adopt fire
 1962  sprinkler requirements for one- and two-family dwellings under
 1963  this subsection, it is the intent of the Legislature that the
 1964  economic consequences of the fire sprinkler mandate on home
 1965  owners be studied before the enactment of such a requirement.
 1966  After the effective date of this act, any local government that
 1967  desires to adopt a fire sprinkler requirement on one- or two
 1968  family dwellings must prepare an economic cost and benefit
 1969  report that analyzes the application of fire sprinklers to one-
 1970  or two-family dwellings or any proposed residential subdivision.
 1971  The report must consider the tradeoffs and specific cost savings
 1972  and benefits of fire sprinklers for future owners of property.
 1973  The report must include an assessment of the cost savings from
 1974  any reduced or eliminated impact fees if applicable, the
 1975  reduction in special fire district tax, insurance fees, and
 1976  other taxes or fees imposed, and the waiver of certain
 1977  infrastructure requirements including the reduction of roadway
 1978  widths, the reduction of water line sizes, increased fire
 1979  hydrant spacing, increased dead-end roadway length and a
 1980  reduction in cul-de-sac sizes relative to the costs from fire
 1981  sprinkling. A failure to prepare an economic report shall result
 1982  in the invalidation of the fire sprinkler requirement to any
 1983  one- or two-family dwelling or any proposed subdivision. In
 1984  addition, a local jurisdiction or utility may not charge any
 1985  additional fee, above what is charged to a non-fire sprinklered
 1986  dwelling, on the basis that a one- or two-family dwelling unit
 1987  is protected by a fire sprinkler system.
 1988         (9)(10) Before imposing a fire sprinkler requirement on any
 1989  one- or two-family dwelling, a local government must provide the
 1990  owner of any one- or two-family dwelling a letter documenting
 1991  specific infrastructure or other tax or fee allowances and
 1992  waivers that are listed in but not limited to those described in
 1993  subsection (8) (9) for the dwelling. The documentation must show
 1994  that the cost savings reasonably approximate the cost of the
 1995  purchase and installation of a fire protection system.
 1996         (10)(11) Notwithstanding the provisions of subsection (8)
 1997  (9), a property owner may shall not be required to install fire
 1998  sprinklers in any residential property based upon the use of
 1999  such property as a rental property or any change in or
 2000  reclassification of the property’s primary use to a rental
 2001  property.
 2002         Section 25. Section 633.026, Florida Statutes, is
 2003  transferred, renumbered as section 633.212, Florida Statutes,
 2004  and amended to read:
 2005         633.212 633.026 Legislative intent; informal
 2006  interpretations of the Florida Fire Prevention Code.—It is the
 2007  intent of the Legislature that the Florida Fire Prevention Code
 2008  be interpreted by fire officials and local enforcement agencies
 2009  in a manner that reasonably and cost-effectively protects the
 2010  public safety, health, and welfare; ensures uniform
 2011  interpretations throughout this state; and provides just and
 2012  expeditious processes for resolving disputes regarding such
 2013  interpretations. It is the further intent of the Legislature
 2014  that such processes provide for the expeditious resolution of
 2015  the issues presented and that the resulting interpretation of
 2016  such issues be published on the website of the division of State
 2017  Fire Marshal.
 2018         (1) The division of State Fire Marshal shall by rule
 2019  establish an informal process of rendering nonbinding
 2020  interpretations of the Florida Fire Prevention Code. The
 2021  division of State Fire Marshal may contract with and refer
 2022  interpretive issues to a third party, selected based upon cost
 2023  effectiveness, quality of services to be performed, and other
 2024  performance-based criteria, which has experience in interpreting
 2025  and enforcing the Florida Fire Prevention Code. It is the intent
 2026  of the Legislature that the division of State Fire Marshal
 2027  establish a Fire Code Interpretation Committee composed of seven
 2028  persons and seven alternates, equally representing each area of
 2029  the state, to which a party can pose questions regarding the
 2030  interpretation of the Florida Fire Prevention Code provisions.
 2031         (2) Each member and alternate member of the Fire Code
 2032  Interpretation Committee must be certified as a firesafety
 2033  inspector pursuant to s. 633.216(2) 633.081(2) and must have a
 2034  minimum of 5 years of experience interpreting and enforcing the
 2035  Florida Fire Prevention Code and the Life Safety Code. Each
 2036  member and alternate member must be approved by the division of
 2037  State Fire Marshal and deemed by the division to have met these
 2038  requirements for at least 30 days before participating in a
 2039  review of a nonbinding interpretation.
 2040         (3) Each nonbinding interpretation of code provisions must
 2041  be provided within 10 business days after receipt of a request
 2042  for interpretation. The response period established in this
 2043  subsection may be waived only with the written consent of the
 2044  party requesting the nonbinding interpretation and the division
 2045  of State Fire Marshal. Nonbinding interpretations shall be
 2046  advisory only and nonbinding on the parties or the State Fire
 2047  Marshal.
 2048         (4) In order to administer this section, the division of
 2049  State Fire Marshal shall charge a fee for nonbinding
 2050  interpretations. The fee may not exceed $150 for each request
 2051  for a review or interpretation. The division may authorize
 2052  payment of fees directly to the nonprofit organization under
 2053  contract pursuant to subsection (1).
 2054         (5) A party requesting a nonbinding interpretation who
 2055  disagrees with the interpretation issued under this section may
 2056  apply for a declaratory statement formal interpretation from the
 2057  State Fire Marshal pursuant to s. 633.104(6) 633.01(6).
 2058         (6) The division of State Fire Marshal shall issue or cause
 2059  to be issued a nonbinding interpretation of the Florida Fire
 2060  Prevention Code pursuant to this section when requested to do so
 2061  upon submission of a petition by a fire official or by the owner
 2062  or owner’s representative or the contractor or contractor’s
 2063  representative of a project in dispute. The division shall adopt
 2064  a petition form by rule, and the petition form must be published
 2065  on the State Fire Marshal’s website. The form must shall, at a
 2066  minimum, require:
 2067         (a) The name and address of the local fire official,
 2068  including the address of the county, municipality, or special
 2069  district.
 2070         (b) The name and address of the owner or owner’s
 2071  representative or the contractor or contractor’s representative.
 2072         (c) A statement of the specific sections of the Florida
 2073  Fire Prevention Code being interpreted by the local fire
 2074  official.
 2075         (d) An explanation of how the petitioner’s substantial
 2076  interests are being affected by the local interpretation of the
 2077  Florida Fire Prevention Code.
 2078         (e) A statement of the interpretation of the specific
 2079  sections of the Florida Fire Prevention Code by the local fire
 2080  official.
 2081         (f) A statement of the interpretation that the petitioner
 2082  contends should be given to the specific sections of the Florida
 2083  Fire Prevention Code and a statement supporting the petitioner’s
 2084  interpretation.
 2085         (7) Upon receipt of a petition that meets the requirements
 2086  of subsection (6), the division of State Fire Marshal shall
 2087  immediately provide copies of the petition to the Fire Code
 2088  Interpretation Committee, and shall publish the petition and any
 2089  response submitted by the local fire official on the State Fire
 2090  Marshal’s website.
 2091         (8) The committee shall conduct proceedings as necessary to
 2092  resolve the issues and give due regard to the petition, the
 2093  facts of the matter at issue, specific code sections cited, and
 2094  any statutory implications affecting the Florida Fire Prevention
 2095  Code. The committee shall issue an interpretation regarding the
 2096  provisions of the Florida Fire Prevention Code within 10 days
 2097  after the filing of a petition. The committee shall issue an
 2098  interpretation based upon the Florida Fire Prevention Code or,
 2099  if the code is ambiguous, the intent of the code. The
 2100  committee’s interpretation shall be provided to the petitioner
 2101  and shall include a notice that if the petitioner disagrees with
 2102  the interpretation, the petitioner may file a request for a
 2103  declaratory statement formal interpretation by the State Fire
 2104  Marshal under s. 633.104(6) 633.01(6). The committee’s
 2105  interpretation shall be provided to the State Fire Marshal, and
 2106  the division shall publish the declaratory statement
 2107  interpretation on the State Fire Marshal’s website and in the
 2108  Florida Administrative Register Weekly.
 2109         Section 26. Section 633.052, Florida Statutes, is
 2110  transferred and renumbered as section 633.214, Florida Statutes,
 2111  and paragraphs (a) and (b) of subsection (1), paragraph (d) of
 2112  subsection (2), and subsections (3) and (4) of that section are
 2113  amended, to read:
 2114         633.214 633.052 Ordinances relating to firesafety;
 2115  definitions; penalties.—
 2116         (1) As used in this section:
 2117         (a) A “firesafety inspector” is an individual certified by
 2118  the division of State Fire Marshal, officially assigned the
 2119  duties of conducting firesafety inspections of buildings and
 2120  facilities on a recurring or regular basis, investigating civil
 2121  infractions relating to firesafety, and issuing citations
 2122  pursuant to this section on behalf of the state or any county,
 2123  municipality, or special district with firesafety
 2124  responsibilities.
 2125         (b) “Citation” means a written notice, issued only after a
 2126  written warning has been previously issued and a minimum time
 2127  period of 45 days, except for major structural changes, which
 2128  may be corrected within an extended adequate period of time,
 2129  from the date of the issuance of the warning whereby the party
 2130  warned may correct the alleged violation, issued to a person by
 2131  a firesafety inspector, that the firesafety inspector has
 2132  probable cause to believe that the person has committed a civil
 2133  infraction in violation of a duly enacted ordinance and that the
 2134  county court will hear the charge. The citation must shall
 2135  contain:
 2136         1. The date and time of issuance.
 2137         2. The name and address of the person.
 2138         3. The date and time the civil infraction was committed.
 2139         4. The facts constituting probable cause.
 2140         5. The Florida Fire Prevention Code ordinance violated.
 2141         6. The name and authority of the firesafety inspector
 2142  officer.
 2143         7. The procedure for the person to follow in order to pay
 2144  the civil penalty or to contest the citation.
 2145         8. The applicable civil penalty if the person elects to
 2146  contest the citation.
 2147         9. The applicable civil penalty if the person elects not to
 2148  contest the citation.
 2149         10. A conspicuous statement that if the person fails to pay
 2150  the civil penalty within the time allowed or fails to appear in
 2151  court to contest the citation, then she or he shall be deemed to
 2152  have waived her or his right to contest the citation and that,
 2153  in such case, judgment may be entered against the person for an
 2154  amount up to the maximum civil penalty.
 2155         (2) A county or municipality that has created a code
 2156  enforcement board or special magistrate system pursuant to
 2157  chapter 162 may enforce firesafety code violations as provided
 2158  in chapter 162. The governing body of a county or municipality
 2159  which has not created a code enforcement board or special
 2160  magistrate system for firesafety under chapter 162 may is
 2161  authorized to enact ordinances relating to firesafety codes,
 2162  which ordinances shall provide:
 2163         (d) For the issuance of a citation by an officer who has
 2164  probable cause to believe that a person has committed a
 2165  violation of an ordinance relating to firesafety or the Florida
 2166  Fire Prevention Code.
 2167         (3) A person Any person who willfully refuses to sign and
 2168  accept a citation issued by a firesafety inspector commits shall
 2169  be guilty of a misdemeanor of the second degree, punishable as
 2170  provided in s. 775.082 or s. 775.083.
 2171         (4) Nothing contained in This section does not shall
 2172  prevent any county, or municipality, or special district from
 2173  enacting any ordinance relating to firesafety codes which is
 2174  identical to the provisions of this chapter or any state law,
 2175  except as to penalty; however, a no county or municipal
 2176  ordinance relating to firesafety codes may not shall conflict
 2177  with the provisions of this chapter or any other state law.
 2178         Section 27. Section 633.081, Florida Statutes, is
 2179  transferred and renumbered as section 633.216, Florida Statutes,
 2180  a new subsection (6) is added to that section, and present
 2181  subsections (1) and (2), paragraph (c) of subsection (3), and
 2182  subsections (4) through (9) of that section are amended, to
 2183  read:
 2184         633.216 633.081 Inspection of buildings and equipment;
 2185  orders; firesafety inspection training requirements;
 2186  certification; disciplinary action.—The State Fire Marshal and
 2187  her or his agents or persons authorized to enforce laws and
 2188  rules of the State Fire Marshal shall, at any reasonable hour,
 2189  when the State Fire Marshal has reasonable cause to believe that
 2190  a violation of this chapter or s. 509.215, or a rule adopted
 2191  promulgated thereunder, or a minimum firesafety code adopted by
 2192  the State Fire Marshal or a local authority, may exist, inspect
 2193  any and all buildings and structures which are subject to the
 2194  requirements of this chapter or s. 509.215 and rules adopted
 2195  promulgated thereunder. The authority to inspect shall extend to
 2196  all equipment, vehicles, and chemicals which are located on or
 2197  within the premises of any such building or structure.
 2198         (1) Each county, municipality, and special district that
 2199  has firesafety enforcement responsibilities shall employ or
 2200  contract with a firesafety inspector. Except as provided in s.
 2201  633.312(2) and (3) 633.082(2), the firesafety inspector must
 2202  conduct all firesafety inspections that are required by law. The
 2203  governing body of a county, municipality, or special district
 2204  that has firesafety enforcement responsibilities may provide a
 2205  schedule of fees to pay only the costs of inspections conducted
 2206  pursuant to this subsection and related administrative expenses.
 2207  Two or more counties, municipalities, or special districts that
 2208  have firesafety enforcement responsibilities may jointly employ
 2209  or contract with a firesafety inspector.
 2210         (2) Except as provided in s. 633.312(2) 633.082(2), every
 2211  firesafety inspection conducted pursuant to state or local
 2212  firesafety requirements shall be by a person certified as having
 2213  met the inspection training requirements set by the State Fire
 2214  Marshal. Such person shall meet the requirements of s.
 2215  633.412(1)(a)-(d), and:
 2216         (a) Be a high school graduate or the equivalent as
 2217  determined by the department;
 2218         (b) Not have been found guilty of, or having pleaded guilty
 2219  or nolo contendere to, a felony or a crime punishable by
 2220  imprisonment of 1 year or more under the law of the United
 2221  States, or of any state thereof, which involves moral turpitude,
 2222  without regard to whether a judgment of conviction has been
 2223  entered by the court having jurisdiction of such cases;
 2224         (c) Have her or his fingerprints on file with the
 2225  department or with an agency designated by the department;
 2226         (d) Have good moral character as determined by the
 2227  department;
 2228         (e) Be at least 18 years of age;
 2229         (f) Have satisfactorily completed the firesafety inspector
 2230  certification examination as prescribed by division rule the
 2231  department; and
 2232         (b)(g)1. Have satisfactorily completed, as determined by
 2233  division rule the department, a firesafety inspector training
 2234  program of at least not less than 200 hours established by the
 2235  department and administered by education or training providers
 2236  agencies and institutions approved by the department for the
 2237  purpose of providing basic certification training for firesafety
 2238  inspectors; or
 2239         2. Have received in another state training in another state
 2240  which is determined by the division department to be at least
 2241  equivalent to that required by the department for approved
 2242  firesafety inspector education and training programs in this
 2243  state.
 2244         (3)
 2245         (c)1. To be certified as a firesafety inspector under this
 2246  section, a any person who:
 2247         a. Is a special state firesafety inspector on July 1, 2011,
 2248  and who does not have 5 years of experience as a special state
 2249  firesafety inspector as of July 1, 2011; or
 2250         b. Has 5 years of experience as a special state firesafety
 2251  inspector but has failed the examination taken as provided in
 2252  paragraph (2)(a) (2)(f), must take an additional 80 hours of the
 2253  courses described in paragraph (2)(b) (2)(g).
 2254         2. After successfully completing the courses described in
 2255  this paragraph, such person may take the firesafety inspection
 2256  examination as provided in paragraph (2)(a) (2)(f), if such
 2257  examination is taken before July 1, 2013.
 2258         3. Upon passing the examination, the person shall be
 2259  certified as a firesafety inspector as provided in this section.
 2260         4. A person who fails the course of study or the
 2261  examination described in this paragraph may not perform any
 2262  firesafety inspection required by law on or after July 1, 2013.
 2263         (4) A firefighter certified pursuant to s. 633.408 633.35
 2264  may conduct firesafety inspections, under the supervision of a
 2265  certified firesafety inspector, while on duty as a member of a
 2266  fire department company conducting inservice firesafety
 2267  inspections without being certified as a firesafety inspector,
 2268  if such firefighter has satisfactorily completed an inservice
 2269  fire department company inspector training program of at least
 2270  24 hours’ duration as provided by rule of the department.
 2271         (5) Every firesafety inspector certificate is valid for a
 2272  period of 4 3 years from the date of issuance. Renewal of
 2273  certification is subject to the affected person’s completing
 2274  proper application for renewal and meeting all of the
 2275  requirements for renewal as established under this chapter or by
 2276  rule adopted under this chapter, which must shall include
 2277  completion of at least 54 40 hours during the preceding 4-year
 2278  3-year period of continuing education as required by the rule of
 2279  the department or, in lieu thereof, successful passage of an
 2280  examination as established by the department.
 2281         (6) A previously certified firesafety inspector whose
 2282  certification has lapsed for 8 years or more must repeat the
 2283  fire safety inspector training as specified by the division.
 2284         (7)(6) The State Fire Marshal may deny, refuse to renew,
 2285  suspend, or revoke the certificate of a firesafety inspector if
 2286  the State Fire Marshal finds that any of the following grounds
 2287  exist:
 2288         (a) Any cause for which issuance of a certificate could
 2289  have been refused had it then existed and been known to the
 2290  division State Fire Marshal.
 2291         (b) Violation of this chapter or any rule or order of the
 2292  State Fire Marshal.
 2293         (c) Falsification of records relating to the certificate.
 2294         (d) Having been found guilty of or having pleaded guilty or
 2295  nolo contendere to a felony, whether or not a judgment of
 2296  conviction has been entered.
 2297         (d)(e) Failure to meet any of the renewal requirements.
 2298         (f) Having been convicted of a crime in any jurisdiction
 2299  which directly relates to the practice of fire code inspection,
 2300  plan review, or administration.
 2301         (e)(g) Making or filing a report or record that the
 2302  certificateholder knows to be false, or knowingly inducing
 2303  another to file a false report or record, or knowingly failing
 2304  to file a report or record required by state or local law, or
 2305  knowingly impeding or obstructing such filing, or knowingly
 2306  inducing another person to impede or obstruct such filing.
 2307         (f)(h) Failing to properly enforce applicable fire codes or
 2308  permit requirements within this state which the
 2309  certificateholder knows are applicable by committing willful
 2310  misconduct, gross negligence, gross misconduct, repeated
 2311  negligence, or negligence resulting in a significant danger to
 2312  life or property.
 2313         (g)(i) Accepting labor, services, or materials at no charge
 2314  or at a noncompetitive rate from a any person who performs work
 2315  that is under the enforcement authority of the certificateholder
 2316  and who is not an immediate family member of the
 2317  certificateholder. For the purpose of this paragraph, the term
 2318  “immediate family member” means a spouse, child, parent,
 2319  sibling, grandparent, aunt, uncle, or first cousin of the person
 2320  or the person’s spouse or a any person who resides in the
 2321  primary residence of the certificateholder.
 2322         (8)(7) The division of State Fire Marshal and the Florida
 2323  Building Code Administrators and Inspectors Board, established
 2324  pursuant to s. 468.605, shall enter into a reciprocity agreement
 2325  to facilitate joint recognition of continuing education
 2326  recertification hours for certificateholders licensed under s.
 2327  468.609 and firesafety inspectors certified under subsection
 2328  (2).
 2329         (9)(8) The State Fire Marshal shall develop by rule an
 2330  advanced training and certification program for firesafety
 2331  inspectors having fire code management responsibilities. The
 2332  program must be consistent with the appropriate provisions of
 2333  NFPA 1037, or similar standards adopted by the division, and
 2334  establish minimum training, education, and experience levels for
 2335  firesafety inspectors having fire code management
 2336  responsibilities.
 2337         (10)(9) The department shall provide by rule for the
 2338  certification of firesafety inspectors and Fire Code
 2339  Administrators.
 2340         Section 28. Section 633.085, Florida Statutes, is
 2341  transferred and renumbered as section 633.218, Florida Statutes,
 2342  paragraph (a) of subsection (1) and subsections (2) through (5)
 2343  of that section are amended, and paragraphs (e) and (f) are
 2344  added to subsection (1) of that section, to read:
 2345         633.218 633.085 Inspections of state buildings and
 2346  premises; tests of firesafety equipment; building plans to be
 2347  approved.—
 2348         (1)(a) It is the duty of the State Fire Marshal and her or
 2349  his agents to inspect, or cause to be inspected, each state
 2350  owned building on a recurring basis established by rule, and to
 2351  ensure that high-hazard occupancies are inspected at least
 2352  annually, for the purpose of ascertaining and causing to be
 2353  corrected any conditions liable to cause fire or endanger life
 2354  from fire and any violation of the firesafety standards for
 2355  state-owned buildings, the provisions of this chapter, or the
 2356  rules or regulations adopted and promulgated pursuant hereto.
 2357  The State Fire Marshal shall, within 7 days following an
 2358  inspection, submit a report of such inspection to the head of
 2359  the department of state agency government responsible for the
 2360  building.
 2361         (e) For purposes of this section:
 2362         1.a. The term “high-hazard occupancy” means any building or
 2363  structure:
 2364         (I) That contains combustible or explosive matter or
 2365  flammable conditions dangerous to the safety of life or
 2366  property;
 2367         (II) At which persons receive educational instruction;
 2368         (III) At which persons reside, excluding private dwellings;
 2369  or
 2370         (IV) Containing three or more floor levels.
 2371         b. As used in this subparagraph, the phrase “building or
 2372  structure”:
 2373         (I) Includes, but is not limited to, all hospitals and
 2374  residential health care facilities, nursing homes and other
 2375  adult care facilities, correctional or detention facilities,
 2376  public schools, public lodging establishments, migrant labor
 2377  camps, residential child care facilities, and self-service
 2378  gasoline stations.
 2379         (II) Does not include any residential condominium where the
 2380  declaration of condominium or the bylaws provide that the rental
 2381  of units shall not be permitted for less than 90 days.
 2382         2. The term “state-owned building,” includes private
 2383  correctional facilities as defined under s. 944.710(3) and state
 2384  universities as defined under s. 1000.21(6).
 2385         (f) A state-owned building or state-leased building or
 2386  space shall be identified through use of the United States
 2387  National Grid Coordinate System.
 2388         (2) The State Fire Marshal and her or his agents may shall
 2389  conduct performance tests on any electronic fire warning and
 2390  smoke detection system, and any pressurized air-handling unit,
 2391  in any state-owned building or state-leased building or space on
 2392  a recurring basis as provided in subsection (1). The State Fire
 2393  Marshal and her or his agents shall also ensure that fire drills
 2394  are conducted in all high-hazard state-owned buildings or high
 2395  hazard state-leased high-hazard occupancies at least annually.
 2396         (3) All construction of any new state-owned building or
 2397  state-leased building or space, or any renovation, alteration,
 2398  or change of occupancy of any existing, state-owned building or
 2399  state-leased building or space must shall comply with the
 2400  uniform firesafety standards of the State Fire Marshal.
 2401         (a) For all new construction or renovation, alteration, or
 2402  change of occupancy of state-leased space, compliance with the
 2403  uniform firesafety standards shall be determined by reviewing
 2404  the plans for the proposed construction or occupancy submitted
 2405  by the lessor to the division of State Fire Marshal for review
 2406  and approval before prior to commencement of construction or
 2407  occupancy, which review shall be completed within 10 working
 2408  days after receipt of the plans by the division of State Fire
 2409  Marshal.
 2410         (b) The plans for all construction of any new, or
 2411  renovation or alteration of any existing, state-owned building
 2412  are subject to the review and approval of the division of State
 2413  Fire Marshal for compliance with the uniform firesafety
 2414  standards before prior to commencement of construction or change
 2415  of occupancy, which review shall be completed within 30 calendar
 2416  days of receipt of the plans by the division of State Fire
 2417  Marshal.
 2418         (4) The division of State Fire Marshal may inspect state
 2419  owned buildings and space and state-leased buildings and space
 2420  as necessary before prior to occupancy or during construction,
 2421  renovation, or alteration to ascertain compliance with the
 2422  uniform firesafety standards. Whenever the division of State
 2423  Fire Marshal determines by virtue of such inspection or by
 2424  review of plans that construction, renovation, or alteration of
 2425  state-owned buildings and state-leased buildings or space is not
 2426  in compliance with the uniform firesafety standards, the
 2427  division of State Fire Marshal shall issue an order to cease
 2428  construction, renovation, or alteration, or to preclude
 2429  occupancy, of a building until compliance is obtained, except
 2430  for those activities required to achieve such compliance.
 2431         (5) The division of State Fire Marshal shall by rule
 2432  provide a schedule of fees to pay for the costs of the
 2433  inspections, whether recurring or high hazard, any firesafety
 2434  review or plans for proposed construction, renovations, or
 2435  occupancy, and related administrative expenses.
 2436         Section 29. Section 633.027, Florida Statutes, is
 2437  transferred and renumbered as section 633.222, Florida Statutes,
 2438  and subsection (3) of that section is amended to read:
 2439         633.222 633.027 Buildings with light-frame truss-type
 2440  construction; notice requirements; enforcement.—
 2441         (3) The State Fire Marshal, and local fire officials in
 2442  accordance with s. 633.118 633.121, shall enforce the provisions
 2443  of this section. An Any owner who fails to comply with the
 2444  requirements of this section is subject to penalties as provided
 2445  in s. 633.228 633.161.
 2446         Section 30. Section 633.60, Florida Statutes, is
 2447  transferred and renumbered as section 633.224, Florida Statutes,
 2448  and subsection (1) of that section is amended to read:
 2449         633.224 633.60 Automatic fire sprinkler systems for one
 2450  family dwellings, two-family dwellings, and mobile homes.—
 2451         (1) It is unlawful for a any person to engage in the
 2452  business or act in the capacity of a contractor of automatic
 2453  fire sprinkler systems for one-family dwellings, two-family
 2454  dwellings, and mobile homes without having been duly certified
 2455  and holding a current certificate as a Contractor I, Contractor
 2456  II, or Contractor IV as defined in s. 633.102 633.021.
 2457         Section 31. Section 633.557, Florida Statutes, is
 2458  transferred and renumbered as section 633.226, Florida Statutes.
 2459         Section 32. Section 633.161, Florida Statutes, is
 2460  transferred and renumbered as section 633.228, Florida Statutes,
 2461  and paragraphs (a) and (b) of subsection (1), paragraph (a) of
 2462  subsection (2), and subsection (3) of that section are amended,
 2463  to read:
 2464         633.228 633.161 Violations; orders to cease and desist,
 2465  correct hazardous conditions, preclude occupancy, or vacate;
 2466  enforcement; penalties.—
 2467         (1) If it is determined by the department that a violation
 2468  specified in this subsection exists, the State Fire Marshal or
 2469  her or his deputy may issue and deliver to the person committing
 2470  the violation an order to cease and desist from such violation,
 2471  to correct any hazardous condition, to preclude occupancy of the
 2472  affected building or structure, or to vacate the premises of the
 2473  affected building or structure. Such violations are:
 2474         (a) Except as set forth in paragraph (b), a violation of
 2475  any provision of this chapter, of any rule adopted pursuant
 2476  thereto, of any applicable uniform firesafety standard adopted
 2477  pursuant to s. 633.206 633.022 which is not adequately addressed
 2478  by any alternative requirements adopted on a local level, or of
 2479  any minimum firesafety standard adopted pursuant to s. 394.879.
 2480         (b) A substantial violation of an applicable minimum
 2481  firesafety standard adopted pursuant to s. 633.208 633.025 which
 2482  is not reasonably addressed by any alternative requirement
 2483  imposed at the local level, or an unreasonable interpretation of
 2484  an applicable minimum firesafety standard, and which violation
 2485  or interpretation clearly constitutes a danger to lifesafety.
 2486         (2)(a) If, during the conduct of a firesafety inspection
 2487  authorized by ss. 633.216 and 633.218 633.081 and 633.085, it is
 2488  determined that a violation described in this section exists
 2489  which poses an immediate danger to the public health, safety, or
 2490  welfare, the State Fire Marshal may issue an order to vacate the
 2491  building in question, which order shall be immediately effective
 2492  and shall be an immediate final order under s. 120.569(2)(n).
 2493  With respect to a facility under the jurisdiction of a district
 2494  school board or community college board of trustees, the order
 2495  to vacate shall be issued jointly by the district superintendent
 2496  or college president and the State Fire Marshal.
 2497         (3) A Any person who violates or fails to comply with any
 2498  order under subsection (1) or subsection (2) commits is guilty
 2499  of a misdemeanor, punishable as provided in s. 633.124 633.171.
 2500         Section 33. The Division of Law Revision and Information is
 2501  requested to create part III of chapter 633, Florida Statutes,
 2502  consisting of sections 633.302, 633.304, 633.306, 633.308,
 2503  633.312, 633.314, 633.316, 633.318, 633.322, 633.324, 633.326,
 2504  633.328, 633.332, 633.334, 633.336, 633.338, 633.342, 633.344,
 2505  633.346, 633.348, and 633.3482, Florida Statutes, to be entitled
 2506  “Fire Protection and Suppression.”
 2507         Section 34. Section 633.511, Florida Statutes, is
 2508  transferred, renumbered as section 633.302, Florida Statutes,
 2509  and amended to read:
 2510         633.302 633.511 Florida Fire Safety Board; membership;
 2511  duties; meetings; officers; quorum; compensation; seal.—
 2512         (1) The Florida Fire Safety Board is created consisting of
 2513  seven members who are citizens and residents of this state. One
 2514  shall be the State Fire Marshal, or her or his designee
 2515  designated appointee who shall be an administrative employee of
 2516  the marshal; one shall be an administrative officer from a
 2517  building department representing an incorporated municipality or
 2518  a county; one shall be an administrative officer from a fire
 2519  department representing an incorporated municipality or a
 2520  county; two shall be contractors licensed pursuant to s. 633.318
 2521  633.521; and two shall be persons who hold valid licenses under
 2522  s. 633.304 633.061.
 2523         (2)(a) To be eligible for appointment, each contractor must
 2524  shall personally hold a current certificate of competency and a
 2525  current license issued by the division State Fire Marshal,
 2526  together with an unexpired occupational license to operate as a
 2527  contractor issued by an incorporated municipality or a county;
 2528  be actively engaged in such business and have been so engaged
 2529  for a period of not less than 5 consecutive years before the
 2530  date of her or his appointment; and be a citizen and resident of
 2531  the state.
 2532         (b) To be eligible for appointment, each fire equipment
 2533  dealer must shall personally hold a current Class A, B, or C and
 2534  Class D fire equipment dealer license issued by the division
 2535  State Fire Marshal, together with an unexpired occupational
 2536  license to operate as a fire equipment dealer issued by an
 2537  incorporated municipality or a county; must shall be actively
 2538  engaged in such business and have been so engaged for a period
 2539  of not less than 5 consecutive years before the date of
 2540  appointment; and must shall be a citizen and resident of this
 2541  state.
 2542         (3) The State Fire Marshal’s term on the board, or that of
 2543  her or his designee designated administrative employee, shall
 2544  coincide with the State Fire Marshal’s term of office. Of the
 2545  other six members of the board, one member shall be appointed
 2546  for a term of 1 year, one member for a term of 2 years, two
 2547  members for terms of 3 years, and two members for terms of 4
 2548  years. All terms expire on June 30 of the last year of the term.
 2549  When Effective July 1, 1997, as the term of a each member
 2550  expires, the State Fire Marshal shall appoint a member to fill
 2551  the vacancy for a term of 4 years. The State Fire Marshal may
 2552  remove any appointed member for cause. A vacancy in the
 2553  membership of the board for any cause shall be filled by
 2554  appointment by the State Fire Marshal for the balance of the
 2555  unexpired term.
 2556         (4) The board shall act in an advisory capacity to the
 2557  State Fire Marshal and shall meet regularly as the need presents
 2558  itself. The board shall have the authority to review complaints
 2559  and disputed administrative action and make recommendations for
 2560  disciplinary action to the division at the request of the
 2561  licenseholder, permitholder, or certificateholder. The board
 2562  will serve in an advisory capacity to the division regarding
 2563  rules, codes, standards, interpretations, and training. As soon
 2564  as practicable after July 1, 2013, the board shall meet to elect
 2565  officers from its membership, whose terms shall expire on June
 2566  30 and annually thereafter. A majority of the board shall
 2567  constitute a quorum. A member of the advisory board may not be
 2568  paid a salary as such member, but shall be reimbursed for
 2569  necessary expenses while attending advisory board meetings,
 2570  including travel in the performance of her or his duties, as
 2571  provided in s. 112.061.
 2572         (5) The board shall adopt a seal for its use containing the
 2573  words “Florida Fire Safety Board.”
 2574         Section 35. Section 633.061, Florida Statutes, is
 2575  transferred and renumbered as section 633.304, Florida Statutes,
 2576  and subsections (1) through (4) and (9) of that section are
 2577  amended, to read:
 2578         633.304 633.061 Fire suppression equipment; license to
 2579  install or maintain.—
 2580         (1) It is unlawful for any organization or individual to
 2581  engage in the business of servicing, repairing, recharging,
 2582  testing, marking, inspecting, installing, or hydrotesting any
 2583  fire extinguisher or preengineered system in this state except
 2584  in conformity with the provisions of this chapter. Each
 2585  organization or individual that engages in such activity must
 2586  possess a valid and subsisting license issued by the division
 2587  State Fire Marshal. All fire extinguishers and preengineered
 2588  systems required by statute or by rule must be serviced by an
 2589  organization or individual licensed under the provisions of this
 2590  chapter. A licensee who receives appropriate training shall not
 2591  be prohibited by a manufacturer from servicing any particular
 2592  brand of fire extinguisher or preengineered system. The licensee
 2593  is legally qualified to act for the business organization in all
 2594  matters connected with its business, and the licensee must
 2595  supervise all activities undertaken by such business
 2596  organization. Each licensee shall maintain a specific business
 2597  location. A further requirement, in the case of multiple
 2598  locations where such servicing or recharging is taking place, is
 2599  that each licensee who maintains more than one place of business
 2600  where actual work is carried on must possess an additional
 2601  license, as set forth in this section, for each location, except
 2602  that a licensed individual may not qualify for more than five
 2603  locations. A licensee is limited to a specific type of work
 2604  performed depending upon the class of license held. Licenses and
 2605  license fees are required for the following:
 2606         (a) Class A: 	$250
 2607  To service, recharge, repair, install, or inspect all types of
 2608  fire extinguishers and to conduct hydrostatic tests on all types
 2609  of fire extinguishers.
 2610         (b) Class B: 	$150
 2611  To service, recharge, repair, install, or inspect all types of
 2612  fire extinguishers, including recharging carbon dioxide units
 2613  and conducting hydrostatic tests on all types of fire
 2614  extinguishers, except carbon dioxide units.
 2615         (c) Class C: 	$150
 2616  To service, recharge, repair, install, or inspect all types of
 2617  fire extinguishers, except recharging carbon dioxide units, and
 2618  to conduct hydrostatic tests on all types of fire extinguishers,
 2619  except carbon dioxide units.
 2620         (d) Class D: 	$200
 2621  To service, repair, recharge, hydrotest, install, or inspect all
 2622  types of preengineered fire extinguishing systems.
 2623         (e) Licenses issued as duplicates or to reflect a change of
 2624  address	$10
 2625  
 2626  Any fire equipment dealer licensed pursuant to this subsection
 2627  who does not want to engage in the business of servicing,
 2628  inspecting, recharging, repairing, hydrotesting, or installing
 2629  halon equipment must file an affidavit on a form provided by the
 2630  division so stating. Licenses will be issued by the division to
 2631  show reflect the work authorized thereunder. It is unlawful,
 2632  unlicensed activity for a any person or firm to falsely hold
 2633  himself or herself or a business organization out to perform any
 2634  service, inspection, recharge, repair, hydrotest, or
 2635  installation except as specifically described in the license. A
 2636  fire equipment dealer licensed pursuant to this subsection who
 2637  wishes to withdraw a previously filed halon equipment exemption
 2638  affidavit and engage in the business of servicing, inspecting,
 2639  recharging, repairing, hydrotesting, or installing halon
 2640  equipment must submit a written statement requesting the
 2641  withdrawal to the division. The dealer must also submit to an
 2642  inspection by the State Fire Marshal or her or his designee in
 2643  order to determine that the dealer possesses the equipment
 2644  required to service, inspect, recharge, repair, hydrotest, or
 2645  install halon equipment.
 2646         (2) A person who holds a valid fire equipment dealer
 2647  license may maintain such license in an inactive status during
 2648  which time he or she may not engage in any work under the
 2649  definition of the license held. An inactive status license shall
 2650  be void after 2 years or when at the time that the license is
 2651  renewed, whichever comes first. The biennial renewal fee for an
 2652  inactive status license shall be $75. An inactive status license
 2653  may not be reactivated unless the continuing education
 2654  requirements of this chapter have been fulfilled.
 2655         (3) Each individual actually performing the work of
 2656  servicing, recharging, repairing, hydrotesting, installing,
 2657  testing, or inspecting fire extinguishers or preengineered
 2658  systems must possess a valid and subsisting permit issued by the
 2659  division State Fire Marshal. Permittees are limited as to
 2660  specific type of work performed to allow work no more extensive
 2661  than the class of license held by the licensee under whom the
 2662  permittee is working. Permits will be issued by the division and
 2663  the fees required are as follows:
 2664         (a) Portable permit:	$90 “Portable permittee” means a
 2665  person who is limited to performing work no more extensive than
 2666  the employing licensee in the servicing, recharging, repairing,
 2667  installing, or inspecting all types of portable fire
 2668  extinguishers.
 2669         (b) Preengineered permit:	$120 “Preengineered
 2670  permittee” means a person who is limited to the servicing,
 2671  recharging, repairing, installing, or inspecting of all types of
 2672  preengineered fire extinguishing systems.
 2673         (c) Permits issued as duplicates or to reflect a change of
 2674  address	$10
 2675  
 2676  Any fire equipment permittee licensed pursuant to this
 2677  subsection who does not want to engage in servicing, inspecting,
 2678  recharging, repairing, hydrotesting, or installing halon
 2679  equipment must file an affidavit on a form provided by the
 2680  division so stating. Permits will be issued by the division to
 2681  show reflect the work authorized thereunder. It is unlawful,
 2682  unlicensed activity for a any person or firm to falsely hold
 2683  himself or herself out to perform any service, inspection,
 2684  recharge, repair, hydrotest, or installation except as
 2685  specifically described in the permit.
 2686         (4)(a) Such licenses and permits shall be issued by the
 2687  division State Fire Marshal for 2 years beginning January 1,
 2688  2000, and each 2-year period thereafter and expiring December 31
 2689  of the second year. All licenses or permits issued will expire
 2690  on December 31 of each odd-numbered year. The failure to renew a
 2691  license or permit by December 31 of the second year will cause
 2692  the license or permit to become inoperative. The holder of an
 2693  inoperative license or permit may shall not engage in any
 2694  activities for which a license or permit is required by this
 2695  section. A license or permit which is inoperative because of the
 2696  failure to renew it shall be restored upon payment of the
 2697  applicable fee plus a penalty equal to the applicable fee, if
 2698  the application for renewal is filed no later than the following
 2699  March 31. If the application for restoration is not made before
 2700  the March 31st deadline, the fee for restoration shall be equal
 2701  to the original application fee and the penalty provided for
 2702  herein, and, in addition, the State Fire Marshal shall require
 2703  reexamination of the applicant. The fee for a license or permit
 2704  issued for 1 year or less shall be prorated at 50 percent of the
 2705  applicable fee for a biennial license or permit.
 2706         (b) After initial licensure, each licensee or permittee
 2707  must successfully complete a course or courses of continuing
 2708  education for fire equipment technicians of at least 16 hours. A
 2709  license or permit may not be renewed unless the licensee or
 2710  permittee produces documentation of the completion of at least
 2711  16 hours of continuing education for fire equipment technicians
 2712  during the biennial licensure period. A person who is both a
 2713  licensee and a permittee shall be required to complete 16 hours
 2714  of continuing education during each renewal period. Each
 2715  licensee shall ensure that all permittees in his or her
 2716  employment meet their continuing education requirements. The
 2717  State Fire Marshal shall adopt rules describing the continuing
 2718  education requirements and shall have the authority upon
 2719  reasonable belief, to audit a fire equipment dealer to determine
 2720  compliance with continuing education requirements.
 2721         (c)(b) The forms of such licenses and permits and
 2722  applications therefor shall be prescribed by the State Fire
 2723  Marshal; in addition to such other information and data as that
 2724  officer determines is appropriate and required for such forms,
 2725  there shall be included in such forms the following matters.
 2726  Each such application must shall be in such form as to provide
 2727  that the data and other information set forth therein shall be
 2728  sworn to by the applicant or, if a corporation, by an officer
 2729  thereof. An application for a permit must shall include the name
 2730  of the licensee employing such permittee, and the permit issued
 2731  in pursuance of such application must shall also set forth the
 2732  name of such licensee. A permit is valid solely for use by the
 2733  holder thereof in his or her employment by the licensee named in
 2734  the permit.
 2735         (d)(c) A license of any class may shall not be issued or
 2736  renewed by the division State Fire Marshal and a license of any
 2737  class does shall not remain operative unless:
 2738         1. The applicant has submitted to the State Fire Marshal
 2739  evidence of registration as a Florida corporation or evidence of
 2740  compliance with s. 865.09.
 2741         2. The State Fire Marshal or his or her designee has by
 2742  inspection determined that the applicant possesses the equipment
 2743  required for the class of license sought. The State Fire Marshal
 2744  shall give an applicant a reasonable opportunity to correct any
 2745  deficiencies discovered by inspection. To obtain such
 2746  inspection, an applicant with facilities located outside this
 2747  state must:
 2748         a. Provide a notarized statement from a professional
 2749  engineer licensed by the applicant’s state of domicile
 2750  certifying that the applicant possesses the equipment required
 2751  for the class of license sought and that all such equipment is
 2752  operable; or
 2753         b. Allow the State Fire Marshal or her or his designee to
 2754  inspect the facility. All costs associated with the State Fire
 2755  Marshal’s inspection shall be paid by the applicant. The State
 2756  Fire Marshal shall, in accordance with s. 120.54, adopt by rule
 2757  standards for the calculation and establishment of the amount of
 2758  costs associated with any inspection conducted by the State Fire
 2759  Marshal under this section. Such rules shall include procedures
 2760  for invoicing and receiving funds in advance of the inspection A
 2761  fee of $50, payable to the State Fire Marshal, shall be required
 2762  for any subsequent reinspection.
 2763         3. The applicant has submitted to the State Fire Marshal
 2764  proof of insurance providing coverage for comprehensive general
 2765  liability for bodily injury and property damage, products
 2766  liability, completed operations, and contractual liability. The
 2767  State Fire Marshal shall adopt rules providing for the amounts
 2768  of such coverage, but such amounts shall not be less than
 2769  $300,000 for Class A or Class D licenses, $200,000 for Class B
 2770  licenses, and $100,000 for Class C licenses; and the total
 2771  coverage for any class of license held in conjunction with a
 2772  Class D license may shall not be less than $300,000. The State
 2773  Fire Marshal may, at any time after the issuance of a license or
 2774  its renewal, require upon demand, and in no event more than 30
 2775  days after notice of such demand, the licensee to provide proof
 2776  of insurance, on a form provided by the State Fire Marshal,
 2777  containing confirmation of insurance coverage as required by
 2778  this chapter. Failure, for any length of time, to provide proof
 2779  of insurance coverage as required shall result in the immediate
 2780  suspension of the license until proof of proper insurance is
 2781  provided to the State Fire Marshal. An insurer which provides
 2782  such coverage shall notify the State Fire Marshal of any change
 2783  in coverage or of any termination, cancellation, or nonrenewal
 2784  of any coverage.
 2785         4. The applicant applies to the State Fire Marshal,
 2786  provides proof of experience, and successfully completes a
 2787  prescribed training course offered by the State Fire College or
 2788  an equivalent course approved by the State Fire Marshal. This
 2789  subparagraph does not apply to any holder of or applicant for a
 2790  permit under paragraph (g) (f) or to a business organization or
 2791  a governmental entity seeking initial licensure or renewal of an
 2792  existing license solely for the purpose of inspecting,
 2793  servicing, repairing, marking, recharging, and maintaining fire
 2794  extinguishers used and located on the premises of and owned by
 2795  such organization or entity.
 2796         5. The applicant has a current retestor identification
 2797  number that is appropriate for the license for which the
 2798  applicant is applying and that is listed with the United States
 2799  Department of Transportation.
 2800         6. The applicant has passed, with a grade of at least 70
 2801  percent, a written examination testing his or her knowledge of
 2802  the rules and statutes governing regulating the activities
 2803  authorized by the license and demonstrating his or her knowledge
 2804  and ability to perform those tasks in a competent, lawful, and
 2805  safe manner. Such examination shall be developed and
 2806  administered by the State Fire Marshal, or his or her designee
 2807  in accordance with policies and procedures of the State Fire
 2808  Marshal. An applicant shall pay a nonrefundable examination fee
 2809  of $50 for each examination or reexamination scheduled. A No
 2810  reexamination may not shall be scheduled sooner than 30 days
 2811  after any administration of an examination to an applicant. An
 2812  No applicant may not shall be permitted to take an examination
 2813  for any level of license more than a total of four times during
 2814  1 year, regardless of the number of applications submitted. As a
 2815  prerequisite to licensure of the applicant, he or she:
 2816         a. Must be at least 18 years of age.
 2817         b. Must have 4 years of proven experience as a fire
 2818  equipment permittee at a level equal to or greater than the
 2819  level of license applied for or have a combination of education
 2820  and experience determined to be equivalent thereto by the State
 2821  Fire Marshal. Having held a permit at the appropriate level for
 2822  the required period constitutes the required experience.
 2823         c. Must not have been convicted of a felony or a crime
 2824  punishable by imprisonment of 1 year or more under the law of
 2825  the United States or of any state thereof or under the law of
 2826  any other country, or pled nolo contendere to, any felony.
 2827  “Convicted” means a finding of guilt or the acceptance of a plea
 2828  of guilty or nolo contendere in any federal or state court or a
 2829  court in any other country, without regard to whether a judgment
 2830  of conviction has been entered by the court having jurisdiction
 2831  of the case. If an applicant has been convicted of any such
 2832  felony, the applicant shall be excluded from licensure for a
 2833  period of 4 years after expiration of sentence or final release
 2834  by the Parole Commission unless the applicant, before the
 2835  expiration of the 4-year period, has received a full pardon or
 2836  has had her or his civil rights restored must comply with s.
 2837  112.011(1)(b).
 2838  
 2839  This subparagraph does not apply to any holder of or applicant
 2840  for a permit under paragraph (g) (f) or to a business
 2841  organization or a governmental entity seeking initial licensure
 2842  or renewal of an existing license solely for the purpose of
 2843  inspecting, servicing, repairing, marking, recharging,
 2844  hydrotesting, and maintaining fire extinguishers used and
 2845  located on the premises of and owned by such organization or
 2846  entity.
 2847         (d) An applicant who fails the examination may take it
 2848  three more times during the 1-year period after he or she
 2849  originally filed an application for the examination. If the
 2850  applicant fails the examination within 1 year after the
 2851  application date and seeks to retake the examination, he or she
 2852  must file a new application, pay the application and examination
 2853  fees, and successfully complete a prescribed training course
 2854  approved by the State Fire College or an equivalent course
 2855  approved by the State Fire Marshal. An applicant may not submit
 2856  a new application within 6 months after the date of his or her
 2857  last reexamination.
 2858         (e) A fire equipment dealer licensed under this section may
 2859  apply to convert upgrade the license currently held to a higher
 2860  licensing category, if the licensed dealer:
 2861         1. Submits an application for the license on a form in
 2862  conformance with paragraph (c) (b). The application must be
 2863  accompanied by a fee as prescribed in s. 633.132 subsection (1)
 2864  for the type of license requested.
 2865         2. Provides evidence of 2 years’ experience as a licensed
 2866  dealer and meets such relevant educational requirements as are
 2867  established by rule by the State Fire Marshal for purposes of
 2868  upgrading a license.
 2869         3. Meets the requirements of paragraph (d) (c).
 2870         (f) A fire equipment dealer licensed under this section may
 2871  apply to convert the license currently held to a lower licensing
 2872  category, if the licensed dealer:
 2873         1. Submits an application for the license on a form in
 2874  conformance with paragraph (c). The application must be
 2875  accompanied by a fee as prescribed in s. 633.132 for the type of
 2876  license requested.
 2877         2. Submits proof of insurance providing coverage meeting
 2878  the requirements prescribed in subparagraph (d)3.
 2879         3. Submits to an inspection of the facility to ensure all
 2880  equipment associated with the higher class of license has been
 2881  removed and submits the required reinspection fee.
 2882         (g)A No permit of any class may not shall be issued or
 2883  renewed to a person by the division State Fire Marshal, and a no
 2884  permit of any class does not shall remain operative, unless the
 2885  person has:
 2886         1. Submitted a nonrefundable examination fee in the amount
 2887  of $50.;
 2888         2. Successfully completed a training course offered by the
 2889  State Fire College or an equivalent course approved by the State
 2890  Fire Marshal.; and
 2891         3. Passed, with a grade of at least 70 percent, a written
 2892  examination testing his or her knowledge of the rules and
 2893  statutes governing regulating the activities authorized by the
 2894  permit and demonstrating his or her knowledge and ability to
 2895  perform those tasks in a competent, lawful, and safe manner.
 2896  Such examination must shall be developed and administered by the
 2897  State Fire Marshal in accordance with the policies and
 2898  procedures of the State Fire Marshal. An examination fee must
 2899  shall be paid for each examination scheduled. A No reexamination
 2900  may not shall be scheduled sooner than 30 days after any
 2901  administration of an examination to an applicant. An No
 2902  applicant may not shall be permitted to take an examination for
 2903  any level of permit more than four times during 1 year,
 2904  regardless of the number of applications submitted. As a
 2905  prerequisite to taking the permit examination, the applicant
 2906  must be at least 16 years of age.
 2907         (h)(g) An applicant for a license or permit under this
 2908  section who fails the examination may take it three more times
 2909  during the 1-year period after he or she originally filed an
 2910  application for the examination. If the applicant fails the
 2911  examination within 1 year after the application date and he or
 2912  she seeks to retake the examination, he or she must file a new
 2913  application, pay the application and examination fees, and
 2914  successfully complete a prescribed training course offered by
 2915  the State Fire College or an equivalent course approved by the
 2916  State Fire Marshal. The applicant may not submit a new
 2917  application within 6 months after the date of his or her fourth
 2918  last reexamination. An applicant who passes the examination but
 2919  does not meet the remaining qualifications prescribed by law and
 2920  rule within 1 year after the application date must file a new
 2921  application, pay the application and examination fee,
 2922  successfully complete a prescribed training course approved by
 2923  the State Fire College or an equivalent course approved by the
 2924  State Fire Marshal, and pass the written examination.
 2925         (9) The provisions of This section does chapter do not
 2926  apply to inspections by fire chiefs, fire inspectors, fire
 2927  marshals, or insurance company inspectors.
 2928         Section 36. Section 633.065, Florida Statutes, is
 2929  transferred and renumbered as section 633.306, Florida Statutes,
 2930  and paragraph (a) of subsection (1) of that section is amended,
 2931  to read:
 2932         633.306 633.065 Requirements for installation, inspection,
 2933  and maintenance of fire suppression equipment.—
 2934         (1) The requirements for installation of fire extinguishers
 2935  and preengineered systems are as follows:
 2936         (a) Fire equipment dealers shall be licensed under s.
 2937  633.304 633.061.
 2938         Section 37. Section 633.071, Florida Statutes, is
 2939  transferred and renumbered as section 633.308, Florida Statutes,
 2940  and subsection (2) of that section is amended, to read:
 2941         633.308 633.071 Standard service tag required on all fire
 2942  extinguishers and preengineered systems; serial number required
 2943  on all portable fire extinguishers; standard inspection tags
 2944  required on all fire protection systems.—
 2945         (2) All portable fire extinguishers required by statute or
 2946  by rule must shall be listed by Underwriters Laboratories, Inc.,
 2947  or approved by Factory Mutual Laboratories, Inc., or listed by a
 2948  nationally recognized testing laboratory in accordance with
 2949  procedures adopted pursuant to s. 633.314(2) 633.083(2), and
 2950  carry an Underwriters Laboratories, Inc., or manufacturer’s
 2951  serial number. These listings, approvals, and serial numbers may
 2952  be stamped on the manufacturer’s identification and instructions
 2953  plate or on a separate Underwriters Laboratories, Inc., or
 2954  Factory Mutual Laboratories, Inc., plate soldered or attached to
 2955  the extinguisher shell in some permanent manner.
 2956         Section 38. Section 633.082, Florida Statutes, is
 2957  transferred and renumbered as section 633.312, Florida Statutes,
 2958  and subsections (2) and (3) of that section are amended, to
 2959  read:
 2960         633.312 633.082 Inspection of fire control systems, fire
 2961  hydrants, and fire protection systems.—
 2962         (2) Fire hydrants and fire protection systems installed in
 2963  public and private properties, except one-family or two-family
 2964  dwellings, shall be inspected following procedures established
 2965  in the nationally recognized inspection, testing, and
 2966  maintenance standards publications NFPA-24 and NFPA-25 as set
 2967  forth in the edition adopted by the State Fire Marshal.
 2968  Quarterly, annual, 3-year, and 5-year inspections consistent
 2969  with the contractual provisions with the owner shall be
 2970  conducted by the certificateholder or permittees employed by the
 2971  certificateholder pursuant to s. 633.318 633.521, except that:
 2972         (a) Public fire hydrants owned by a governmental entity
 2973  shall be inspected following procedures established in the
 2974  inspection, testing, and maintenance standards adopted by the
 2975  State Fire Marshal or equivalent standards such as those
 2976  contained in the latest edition of the American Water Works
 2977  Association’s Manual M17, “Installation, Field Testing, and
 2978  Maintenance of Fire Hydrants.”
 2979         (b) County, municipal, and special district utilities may
 2980  perform fire hydrant inspections required by this section using
 2981  designated employees. Such designated employees need not be
 2982  certified under this chapter. However, counties, municipalities,
 2983  or special districts that use designated employees are
 2984  responsible for ensuring that the designated employees are
 2985  qualified to perform such inspections.
 2986         (3) The inspecting contractor shall provide to the building
 2987  owner or hydrant owner and the local authority having
 2988  jurisdiction a copy of the applicable inspection report
 2989  established under this chapter. The maintenance of fire hydrant
 2990  and fire protection systems as well as corrective actions on
 2991  deficient systems is the responsibility of the owner of the
 2992  system or hydrant. Equipment requiring periodic testing or
 2993  operation to ensure its maintenance shall be tested or operated
 2994  as specified in the Fire Prevention Code, Life Safety Code,
 2995  National Fire Protection Association standards, or as directed
 2996  by the appropriate authority agency having jurisdiction,
 2997  provided that such appropriate authority may agency shall not
 2998  require a sprinkler system not required by the Fire Prevention
 2999  Code, Life Safety Code, or National Fire Protection Association
 3000  standards to be removed regardless of its condition. This
 3001  section does not prohibit governmental entities from inspecting
 3002  and enforcing firesafety codes.
 3003         Section 39. Section 633.083, Florida Statutes, is
 3004  transferred and renumbered as section 633.314, Florida Statutes,
 3005  and subsection (3) of that section is amended, to read:
 3006         633.314 633.083 Sale or use of certain types of fire
 3007  extinguishers prohibited; penalty.—
 3008         (3) A person who violates any of the provisions of this
 3009  section commits is guilty of a misdemeanor of the second degree,
 3010  punishable as provided in s. 775.082 or s. 775.083.
 3011         Section 40. Section 633.162, Florida Statutes, is
 3012  transferred and renumbered as section 633.316, Florida Statutes,
 3013  and subsection (1) and paragraph (e) of subsection (4) of that
 3014  section are amended, to read:
 3015         633.316 633.162 Fire suppression system contractors;
 3016  disciplinary action.—
 3017         (1) The violation of any provision of this chapter or any
 3018  rule adopted and adopted promulgated pursuant hereto or the
 3019  failure or refusal to comply with any notice or order to correct
 3020  a violation or any cease and desist order by a any person who
 3021  possesses a license or permit issued pursuant to s. 633.304
 3022  633.061 is cause for denial, nonrenewal, revocation, or
 3023  suspension of such license or permit by the State Fire Marshal
 3024  after such officer has determined that the person committed is
 3025  guilty of such violation. An order of suspension must shall
 3026  state the period of time of such suspension, which period may
 3027  not be in excess of 2 years from the date of such order. An
 3028  order of revocation may be entered for a period not exceeding 5
 3029  years. Such orders shall effect suspension or revocation of all
 3030  licenses or permits issued by the division to then held by the
 3031  person, and during such period a of time no license or permit
 3032  may not shall be issued by the division to such person. During
 3033  the suspension or revocation of any license or permit, the
 3034  former licensee or permittee may shall not engage in or attempt
 3035  or profess to engage in any transaction or business for which a
 3036  license or permit is required under this chapter or directly or
 3037  indirectly own, control, or be employed in any manner by any
 3038  firm, business, or corporation for which a license or permit
 3039  under this chapter is required. If, during the period between
 3040  the beginning of proceedings and the entry of an order of
 3041  suspension or revocation by the State Fire Marshal, a new
 3042  license or permit has been issued by the division to the person
 3043  so charged, the order of suspension or revocation shall operate
 3044  to suspend or revoke such new license or permit held by such
 3045  person.
 3046         (4) In addition to the grounds set forth in subsection (1),
 3047  it is cause for denial, nonrenewal, revocation, or suspension of
 3048  a license or permit by the State Fire Marshal if she or he
 3049  determines that the licensee or permittee has:
 3050         (e) Failed to provide proof of insurance to the State Fire
 3051  Marshal or failed to maintain in force the insurance coverage
 3052  required by s. 633.304 633.061.
 3053         Section 41. Section 633.521, Florida Statutes, is
 3054  transferred and renumbered as section 633.318, Florida Statutes,
 3055  and subsection (1), paragraph (a) of subsection (2), paragraphs
 3056  (c) and (g) of subsection (3), and subsections (4), (8), and
 3057  (11) of that section are amended, to read:
 3058         633.318 633.521 Certificate application and issuance;
 3059  permit issuance; examination and investigation of applicant.—
 3060         (1) To obtain a fire protection system contractor’s
 3061  certificate, an applicant shall submit to the division State
 3062  Fire Marshal an application in writing, on a form provided by
 3063  the division State Fire Marshal containing the information
 3064  prescribed, which shall be accompanied by the fee fixed herein,
 3065  containing a statement that the applicant desires the issuance
 3066  of a certificate and stating the class of certificate requested.
 3067         (2)(a) Examinations shall be administered by the division
 3068  State Fire Marshal and held at times and places within the state
 3069  as the division State Fire Marshal determines, but there shall
 3070  be at least two examinations a year. Each applicant shall take
 3071  and pass an objective, written examination of her or his fitness
 3072  for a certificate in the class for which the application is
 3073  requested. There shall be a type of examination for each class
 3074  of certificate for contractors as of the classes of certificates
 3075  defined in s. 633.102 633.021(5). The examination must shall
 3076  test the applicant’s ability to lay out, fabricate, install,
 3077  alter, repair, and inspect fire protection systems and their
 3078  appurtenances and must shall test the applicant’s fitness in
 3079  business and financial management. The test must shall be based
 3080  on applicable standards of the National Fire Protection
 3081  Association and on relevant Florida and federal laws pertaining
 3082  to the construction industry, safety standards, administrative
 3083  procedures, and pertinent technical data.
 3084         (3)
 3085         (c) Required education and experience for certification as
 3086  a Contractor I, Contractor II, Contractor III, or Contractor IV
 3087  includes training and experience in both installation and system
 3088  layout as defined in s. 633.102 633.021.
 3089         (g) Within 30 days after the date of the examination, the
 3090  division State Fire Marshal shall inform the applicant in
 3091  writing whether she or he has qualified or not and, if the
 3092  applicant has qualified, that she or he is eligible ready to be
 3093  issued issue a certificate of competency, subject to compliance
 3094  with the requirements of subsection (4).
 3095         (4) As a prerequisite to issuance of a certificate, the
 3096  division must State Fire Marshal shall require the applicant to
 3097  submit satisfactory evidence that she or he has obtained
 3098  insurance providing coverage for comprehensive general liability
 3099  for bodily injury and property damages, products liability,
 3100  completed operations, and contractual liability. The division
 3101  State Fire Marshal may adopt rules providing for the amount of
 3102  insurance, but such amount shall not be less than $500,000 for a
 3103  Contractor I, Contractor II, Contractor III, or Contractor V and
 3104  shall not be less than $250,000 for a Contractor IV. An insurer
 3105  which provides such coverage shall notify within 30 days the
 3106  division within 30 days State Fire Marshal of any material
 3107  change in coverage or any termination, cancellation, or
 3108  nonrenewal of such coverage. An insurer which fails to so notify
 3109  the division State Fire Marshal’s office shall be subject to the
 3110  penalties provided under s. 624.4211.
 3111         (8) An individual employed by a Contractor I or Contractor
 3112  II certificateholder, as established in this section, who will
 3113  be inspecting water-based fire protection systems as required
 3114  under s. 633.312 633.082, must be issued a permit by the
 3115  division State Fire Marshal to conduct such work. The permit is
 3116  valid solely for use by the holder thereof in his or her
 3117  employment by the certificateholder named in the permit. A
 3118  permittee must have a valid and subsisting permit upon his or
 3119  her person at all times while engaging in inspecting fire
 3120  protection systems, and a permitholder must be able to produce
 3121  such a permit upon demand. In addition, a permittee shall, at
 3122  all times while performing inspections, carry an identification
 3123  card containing his or her photograph and other identifying
 3124  information as prescribed by the State Fire Marshal, and the
 3125  permittee must produce the identification card and information
 3126  upon demand. The permit and the identification may be one and
 3127  the same. A permittee is limited as to the specific type of work
 3128  performed, depending upon the class of certificate held by the
 3129  certificateholder under whom the permittee is working. The
 3130  permit class shall be known as a Water-Based Fire Protection
 3131  Inspector whose permit allows the holder to inspect water
 3132  sprinkler systems, water spray systems, foam-water sprinkler
 3133  systems, foam-water spray systems, standpipes, combination
 3134  standpipes and sprinkler systems, all piping that is an integral
 3135  part of the system beginning at the point where the piping is
 3136  used exclusively for fire protection, sprinkler tank heaters,
 3137  air lines, thermal systems used in connection with sprinklers,
 3138  and tanks and pumps connected thereto, excluding preengineered
 3139  systems.
 3140         (11) It is intended that a certificateholder, or a
 3141  permitholder who is employed by a certificateholder, conduct
 3142  inspections required by this chapter. It is understood that
 3143  after July 1, 2008, employee turnover may result in a depletion
 3144  of personnel who are certified under the NICET Sub-field of
 3145  Inspection and Testing of Fire Protection Systems Level II or
 3146  equivalent training and education as required by the division of
 3147  State Fire Marshal. A certificateholder may obtain a provisional
 3148  permit with an endorsement for inspection, testing, and
 3149  maintenance of water-based fire extinguishing systems for an
 3150  employee if the employee has initiated procedures for obtaining
 3151  Level II certification from the National Institute for
 3152  Certification in Engineering Technologies Sub-field of
 3153  Inspection and Testing of Fire Protection Systems and achieved
 3154  Level I certification or an equivalent level as determined by
 3155  the State Fire Marshal through verification of experience,
 3156  training, and examination. The division State Fire Marshal may
 3157  establish rules to administer this subsection. After 2 years of
 3158  provisional certification, the employee must have achieved NICET
 3159  Level II certification or obtain equivalent training and
 3160  education as determined by the division, or cease performing
 3161  inspections requiring Level II certification. The provisional
 3162  permit is valid only for the 2 calendar years after the date of
 3163  issuance, may not be extended, and is not renewable. After the
 3164  initial 2-year provisional permit expires, the certificateholder
 3165  must wait 2 additional years before a new provisional permit may
 3166  be issued. The intent is to prohibit the certificateholder from
 3167  using employees who never reach NICET Level II status, or
 3168  equivalent training and education as determined by the division,
 3169  by continuously obtaining provisional permits.
 3170         Section 42. Section 633.551, Florida Statutes, is
 3171  transferred and renumbered as section 633.322, Florida Statutes,
 3172  and subsections (1) through (3) of that section are amended, to
 3173  read:
 3174         633.322 633.551 County and municipal powers; effect of ch.
 3175  75-240.—
 3176         (1) Nothing in This chapter does not limit act limits the
 3177  power of a municipality, or county, or special district to
 3178  regulate the quality and character of work performed by
 3179  contractors through a system of permits, fees, and inspections
 3180  which are designed to secure compliance with, and aid in the
 3181  implementation of, state and local building laws or to enforce
 3182  other local laws for the protection of the public health and
 3183  safety.
 3184         (2) Nothing in This chapter does not limit act limits the
 3185  power of a municipality, or county, or special district to adopt
 3186  any system of permits requiring submission to and approval by
 3187  the municipality, or county, or special district of plans and
 3188  specifications for work to be performed by contractors before
 3189  commencement of the work, except that a no municipality or
 3190  county may not shall require a fire protection system
 3191  contractor’s shop drawings to be sealed by a professional
 3192  engineer.
 3193         (3) An Any official authorized to issue building or other
 3194  related permits shall ascertain that the applicant contractor is
 3195  duly certified before issuing the permit. The evidence shall
 3196  consist only of the exhibition to him or her of current evidence
 3197  of current certification.
 3198         Section 43. Section 633.527, Florida Statutes, is
 3199  transferred and renumbered as section 633.324, Florida Statutes.
 3200         Section 44. Section 633.531, Florida Statutes, is
 3201  transferred and renumbered as section 633.326, Florida Statutes.
 3202         Section 45. Section 633.534, Florida Statutes, is
 3203  transferred and renumbered as section 633.328, Florida Statutes,
 3204  and subsection (4) of that section is amended, to read:
 3205         633.328 633.534 Issuance of certificate to individuals and
 3206  business organizations.—
 3207         (4) If When the certified business organization makes
 3208  application for an occupational license in any municipality or
 3209  county of this state, the application must shall be made with
 3210  the tax collector in the name of the business organization, and
 3211  the license, when issued, shall be issued to the business
 3212  organization upon payment of the appropriate licensing fee and
 3213  exhibition to the tax collector of a valid certificate issued by
 3214  the division State Fire Marshal.
 3215         Section 46. Section 633.537, Florida Statutes, is
 3216  transferred and renumbered as section 633.332, Florida Statutes,
 3217  and subsections (1) and (2) and paragraph (a) of subsection (3)
 3218  of that section are amended, to read:
 3219         633.332 633.537 Certificate; expiration; renewal; inactive
 3220  certificate; continuing education.—
 3221         (1) Certificates shall expire every 2 years at midnight on
 3222  June 30. Effective with the June 30, 1998, renewal, All
 3223  certificates must be renewed every 2 years. The failure to renew
 3224  a certificate before during June 30, shall cause the certificate
 3225  to become inoperative, and it is unlawful thereafter for a any
 3226  person to engage, offer to engage, or hold herself or himself
 3227  out as engaging in contracting under the certificate unless the
 3228  certificate is restored or reissued. A certificate which is
 3229  inoperative because of failure to renew shall be restored on
 3230  payment of the proper renewal fee if the application for
 3231  restoration is made within 90 days after June 30. If the
 3232  application for restoration is not made within the 90-day
 3233  period, the fee for restoration must shall be equal to the
 3234  original application fee, and, in addition, the State Fire
 3235  Marshal must shall require examination or reexamination of the
 3236  applicant.
 3237         (2) A person who holds a valid certificate may maintain
 3238  such certificate in an inactive status during which time she or
 3239  he may not engage in contracting. An inactive status certificate
 3240  shall be void after a 2-year period. The biennial renewal fee
 3241  for an inactive status certificate shall be $75. An inactive
 3242  status certificate may be reactivated upon application to the
 3243  State Fire Marshal and payment of the initial application fee.
 3244         (3)(a) A certificate for the Contractor I, II, and III
 3245  classifications as defined in this chapter may shall not be
 3246  renewed unless the certificateholder produces documentation of
 3247  at least 32 contact hours of continuing education in the fire
 3248  protection discipline during the biennial licensure period.
 3249  Holders of Contractor IV certificates are required to obtain 14
 3250  contact hours of continuing education encompassing the
 3251  appropriate National Fire Protection Association fire sprinkler
 3252  documents before prior to renewal. Holders of Contractor V
 3253  certificates are required to obtain 14 contact hours of
 3254  continuing education before prior to renewal, at least 1 hour of
 3255  which is in the fire protection discipline. Any continuing
 3256  education hours approved pursuant to chapter 489 by the
 3257  Construction Industry Licensing Board for underground utility
 3258  and excavation contractors shall be considered as also approved
 3259  to comply with Contractor V continuing education requirements. A
 3260  Contractor V certificateholder shall provide to the State Fire
 3261  Marshal evidence of approval of such coursework by the
 3262  Construction Industry Licensing Board.
 3263         Section 47. Section 633.539, Florida Statutes, is
 3264  transferred and renumbered as section 633.334, Florida Statutes,
 3265  and paragraph (a) of subsection (1) and subsection (2) of that
 3266  section are amended, to read:
 3267         633.334 633.539 Requirements for installation, inspection,
 3268  and maintenance of fire protection systems.—
 3269         (1) The requirements for installation of fire protection
 3270  systems are as follows:
 3271         (a) Contractors of fire protection systems shall be
 3272  certified under s. 633.318 633.521.
 3273         (2) Equipment shall be inspected, serviced, and maintained
 3274  in accordance with the manufacturer’s maintenance procedures and
 3275  with applicable National Fire Protection Association standards.
 3276  The inspection of fire protection systems shall be conducted by
 3277  a certificateholder or holder of a permit issued by the division
 3278  State Fire Marshal. The permitholder may perform inspections on
 3279  fire protection systems only while employed by the
 3280  certificateholder. This section does not prohibit the authority
 3281  having jurisdiction or insurance company representatives from
 3282  reviewing the system in accordance with acceptable oversight
 3283  standards.
 3284         Section 48. Section 633.541, Florida Statutes, is
 3285  transferred and renumbered as section 633.336, Florida Statutes,
 3286  and subsections (1), (3), and (4) of that section are amended,
 3287  to read:
 3288         633.336 633.541 Contracting without certificate prohibited;
 3289  violations; penalty.—
 3290         (1) It is unlawful for any organization or individual to
 3291  engage in the business of layout, fabrication, installation,
 3292  inspection, alteration, repair, or service of a fire protection
 3293  system, other than a preengineered system, act in the capacity
 3294  of a fire protection contractor, or advertise itself as being a
 3295  fire protection contractor without having been duly certified
 3296  and holding a valid and existing certificate, except as
 3297  hereinafter provided. The holder of a certificate used to
 3298  qualify an organization must be a full-time employee of the
 3299  qualified organization or business. A certificateholder who is
 3300  employed by more than one fire protection contractor during the
 3301  same period of time is deemed not to be a full-time employee of
 3302  either contractor. The State Fire Marshal shall revoke, for a
 3303  period of time determined by the State Fire Marshal, the
 3304  certificate of a certificateholder who allows the use of the
 3305  certificate to qualify a company of which the certificateholder
 3306  is not a full-time employee. A contractor who maintains more
 3307  than one place of business must employ a certificateholder at
 3308  each location. Nothing in This subsection does not prohibit
 3309  prohibits an employee acting on behalf of governmental entities
 3310  from inspecting and enforcing firesafety codes, provided such
 3311  employee is certified under s. 633.216 633.081.
 3312         (3) A Any person who violates any provision of this act or
 3313  commits any of the acts constituting cause for disciplinary
 3314  action as herein set forth commits is guilty of a misdemeanor of
 3315  the second degree, punishable as provided in s. 775.082 or s.
 3316  775.083.
 3317         (4) In addition to the penalties provided in subsection
 3318  (3), a fire protection contractor certified under this chapter
 3319  who violates any provision of this section or who commits any
 3320  act constituting cause for disciplinary action is subject to
 3321  suspension or revocation of the certificate and administrative
 3322  fines pursuant to s. 633.338 633.547.
 3323         Section 49. Section 633.547, Florida Statutes, is
 3324  transferred and renumbered as section 633.338, Florida Statutes,
 3325  and paragraphs (d) and (h) of subsection (2) and subsection (3)
 3326  of that section are amended, to read:
 3327         633.338 633.547 Disciplinary action; fire protection system
 3328  contractors; grounds for denial, nonrenewal, suspension, or
 3329  revocation of certificate or permit.—
 3330         (2) The following acts constitute cause for disciplinary
 3331  action:
 3332         (d) Disciplinary action by any municipality, or county, or
 3333  special district, which action shall be reviewed by the State
 3334  Fire Marshal before taking any disciplinary action.
 3335         (h) Failing to provide proof of insurance to the State Fire
 3336  Marshal or failing to maintain in force the insurance coverage
 3337  required by s. 633.318 633.521.
 3338         (3) The State Fire Marshal is authorized to take the
 3339  following disciplinary action:
 3340         (a) She or he may suspend the contractor’s certificate
 3341  certificateholder for a period of up to not to exceed 2 years.
 3342  During that period, the contractor must cease all operations as
 3343  a contractor, but the State Fire Marshal may authorize the
 3344  certificateholder from all operations as a contractor during the
 3345  period fixed by the State Fire Marshal, but she or he may permit
 3346  the certificateholder to complete any contracts then incomplete.
 3347         (b) She or he may revoke a certificate for a period not to
 3348  exceed 5 years.
 3349         Section 50. Section 633.549, Florida Statutes, is
 3350  transferred, renumbered as section 633.342, Florida Statutes,
 3351  and amended to read:
 3352         633.342 633.549 Violations subject to injunction.—A Any
 3353  person who operates as a contractor without a current
 3354  certificate or who violates any part of this chapter or any
 3355  rule, decision, order, direction, demand, or requirement of the
 3356  State Fire Marshal in relation thereto, or any part or provision
 3357  thereof, may be enjoined by the courts of the state from any
 3358  such violation or such unauthorized or unlawful contracting at
 3359  the request instance of the State Fire Marshal, the board, or
 3360  any resident citizen or taxpayer of the state.
 3361         Section 51. Section 633.554, Florida Statutes, is
 3362  transferred and renumbered as section 633.344, Florida Statutes.
 3363         Section 52. Section 633.70, Florida Statutes, is
 3364  transferred and renumbered as section 633.346, Florida Statutes,
 3365  and subsection (1) of that section is amended, to read:
 3366         633.346 633.70 Jurisdiction of State Fire Marshal over
 3367  alarm system contractors and certified unlimited electrical
 3368  contractors.—
 3369         (1) If When the State Fire Marshal, in the course of its
 3370  activities pursuant to s. 633.104(2) 633.01(2), determines that
 3371  an alarm system contractor or a certified unlimited electrical
 3372  contractor working with an alarm system has violated any
 3373  provision of this chapter or the rules of the State Fire
 3374  Marshal, the State Fire Marshal shall have jurisdiction,
 3375  notwithstanding any other provision of this chapter, to order
 3376  corrective action by the alarm system contractor or the
 3377  certified unlimited electrical contractor to bring the alarm
 3378  system into compliance with applicable standards set forth in
 3379  this chapter and the rules of the State Fire Marshal.
 3380         Section 53. Section 633.701, Florida Statutes, is
 3381  transferred and renumbered as section 633.348, Florida Statutes.
 3382         Section 54. Section 633.702, Florida Statutes, is
 3383  transferred and renumbered as section 633.3482, Florida
 3384  Statutes, and subsection (2) and paragraph (c) of subsection (3)
 3385  of that section are amended, to read:
 3386         633.3482 633.702 Prohibited acts regarding alarm system
 3387  contractors or certified unlimited electrical contractors;
 3388  penalties.—
 3389         (2) A Any person who violates this section commits is
 3390  guilty of a misdemeanor of the second degree, punishable as
 3391  provided in s. 775.082 or s. 775.083.
 3392         (3) It is a misdemeanor of the first degree, punishable as
 3393  provided in s. 775.082 or s. 775.083, for any fire alarm system
 3394  contractor or certified unlimited electrical contractor to
 3395  intentionally or willfully:
 3396         (c) Knowingly combine combining or conspire conspiring with
 3397  a any person by allowing one’s certificate to be used by an any
 3398  uncertified person with intent to evade the provisions of this
 3399  act. When a licensee allows his or her license to be used by one
 3400  or more companies without having any active participation in the
 3401  operation or management of the said companies, such act
 3402  constitutes prima facie evidence of any intent to evade the
 3403  provisions of this chapter act.
 3404         Section 55. The Division of Law Revision and Information is
 3405  requested to create part IV of chapter 633, Florida Statutes,
 3406  consisting of sections 633.402, 633.404, 633.406, 633.408,
 3407  633.412, 633.414, 633.416, 633.418, 633.422, 633.424, 633.426,
 3408  633.428, 633.432, 633.434, 633.436, 633.438, 633.442, and
 3409  633.444, Florida Statutes, to be entitled “Fire Standards and
 3410  Training.”
 3411         Section 56. Section 633.31, Florida Statutes, is
 3412  transferred and renumbered as section 633.402, Florida Statutes,
 3413  subsection (1) of that section is amended, and new subsections
 3414  (5) through (9) are added to that section, to read:
 3415         633.402 633.31 Firefighters Employment, Standards, and
 3416  Training Council; organization; meetings; quorum; compensation;
 3417  seal; special powers; firefighter training.—
 3418         (1) There is created within the department a Firefighters
 3419  Employment, Standards, and Training Council of 14 13 members.
 3420         (a) The members shall be appointed as follows:
 3421         1. Two members shall be fire chiefs appointed by the
 3422  Florida Fire Chiefs Association.,
 3423         2. Two members shall be firefighters, who are not officers,
 3424  appointed by the Florida Professional Firefighters Association.,
 3425         3. Two members shall be firefighter officers, who are not
 3426  fire chiefs, appointed by the State Fire Marshal.,
 3427         4. One individual member appointed by the Florida League of
 3428  Cities.,
 3429         5. One individual member appointed by the Florida
 3430  Association of Counties.,
 3431         6. One individual member appointed by the Florida
 3432  Association of Special Districts.,
 3433         7. One individual member appointed by the Florida Fire
 3434  Marshals’ and Inspectors’ Marshal’s Association., and
 3435         8. One employee of the Florida Forest Service of the
 3436  Department of Agriculture and Consumer Services appointed by the
 3437  director of the Florida Forest Service.
 3438         9. One individual member appointed by the State Fire
 3439  Marshal., and
 3440         10. One member shall be a director or instructor of a
 3441  state-certified firefighting training facility appointed by the
 3442  State Fire Marshal.
 3443         11. The remaining member, who shall be appointed by the
 3444  State Fire Marshal, may not be a member or representative of the
 3445  firefighting profession or of any local government.
 3446         (b) To be eligible for appointment as a member under
 3447  subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
 3448  subparagraph (a)8., or subparagraph (a)10. fire chief member,
 3449  firefighter officer member, firefighter member, or a director or
 3450  instructor of a state-certified firefighting facility, a person
 3451  must shall have had at least 4 years’ experience in the
 3452  firefighting profession. The remaining member, who shall be
 3453  appointed by the State Fire Marshal, shall not be a member or
 3454  representative of the firefighting profession or of any local
 3455  government. Members shall serve only as long as they continue to
 3456  meet the criteria under which they were appointed, or unless a
 3457  member has failed to appear at three consecutive and properly
 3458  noticed meetings unless excused by the chair.
 3459         (5) The council shall elect to 1-year terms a chair and a
 3460  vice chair. A person may not serve more than two consecutive
 3461  terms in either office.
 3462         (6) The council shall meet at the call of the chair, at the
 3463  request of a majority of its membership, at the request of the
 3464  department, or at such times as are prescribed by its rules, and
 3465  a majority of the council shall constitute a quorum.
 3466         (7) Members of the council shall serve without compensation
 3467  but shall be entitled to be reimbursed for per diem and travel
 3468  expenses as provided by s. 112.061.
 3469         (8) The council may adopt a seal for its use containing the
 3470  words “Firefighters Employment, Standards, and Training
 3471  Council.”
 3472         (9) The council shall have special powers in connection
 3473  with the employment and training of firefighters to:
 3474         (a) Recommend, for adoption by the division, uniform
 3475  minimum standards for the employment and training of
 3476  firefighters and training of volunteer firefighters.
 3477         (b) Recommend, for adoption by the division, minimum
 3478  curriculum requirements for schools operated by or for any fire
 3479  service provider for the specific purpose of training
 3480  firefighter trainees, firefighters, and volunteer firefighters.
 3481         (c) Recommend, for adoption by the division, on matters
 3482  relating to the funding, general operation, and administration
 3483  of the Bureau of Fire Standards and Training (Florida State Fire
 3484  College), including, but not limited to, all standards,
 3485  training, curriculum, and the issuance of any certificate of
 3486  competency required by this chapter.
 3487         (d) Make or support studies on any aspect of firefighting
 3488  employment, education, and training or recruitment.
 3489         (e) Make recommendations concerning any matter within its
 3490  purview pursuant to this section.
 3491         Section 57. Section 633.42, Florida Statutes, is
 3492  transferred, renumbered as 633.404, Florida Statutes, and
 3493  amended to read:
 3494         633.404 633.42 Additional standards authorized.—Nothing
 3495  herein shall be construed to preclude a fire service provider an
 3496  employing agency from establishing qualifications and standards
 3497  for hiring, training, or promoting firefighters that exceed the
 3498  minimum set by the division department.
 3499         Section 58. Section 633.406, Florida Statutes, is created
 3500  to read:
 3501         633.406 Classes of certification.—
 3502         (1) The division may award one or more of the following
 3503  certificates:
 3504         (a) Firefighter Certificate of Compliance.—A Firefighter
 3505  Certificate of Compliance may be awarded to a person who meets
 3506  the requirements established in s. 633.408(4).
 3507         (b) Fire Safety Inspector Certificate of Compliance.—A Fire
 3508  Safety Inspector Certificate of Compliance may be awarded to a
 3509  person who meets the requirements established in s. 633.216(2).
 3510         (c) Special Certificate of Compliance.—A Special
 3511  Certificate of Compliance may be awarded to a person who
 3512  qualifies under s. 633.408(6).
 3513         (d) Forestry Certificate of Compliance.—A Forestry
 3514  Certificate of Compliance may be awarded to a person who has
 3515  satisfactorily complied with a training program and successfully
 3516  passed an examination as prescribed by rule, and who possesses
 3517  the qualifications established in s. 590.02(1)(e).
 3518         (e) Fire Service Instructor Certificate.—A Fire Service
 3519  Instructor Certificate may be awarded to a person who
 3520  demonstrates general or specialized knowledge, skills, and
 3521  abilities in firefighting service and meets the qualification
 3522  requirements prescribed by rule.
 3523         (f) Certificate of Competency.—A Fire Service Instructor
 3524  Certificate may be awarded to a person who meets the experience,
 3525  training, advanced education, or examination requirements as
 3526  prescribed by rule, and is especially qualified for particular
 3527  aspects of firefighting service.
 3528         (g) Volunteer Firefighter Certificate of Completion.—A Fire
 3529  Service Instructor Certificate may be awarded to a person who
 3530  has satisfactorily completed the training requirements as
 3531  prescribed by rule for a volunteer firefighter.
 3532         (2) The division may establish by rule certificates, in
 3533  addition to those provided in subsection (1), that the division
 3534  may award in recognition of special training or education
 3535  received by an individual, authorizing that individual to
 3536  perform specialized firefighting services or provide specialized
 3537  firefighting instruction, such as hazardous materials and urban
 3538  search and rescue.
 3539         Section 59. Section 633.35, Florida Statutes, is
 3540  transferred, renumbered as section 633.408, Florida Statutes,
 3541  and amended to read:
 3542         633.408 633.35 Firefighter and volunteer firefighter
 3543  training and certification.—
 3544         (1) The division shall establish by rule:
 3545         (a) A Minimum Standards Course and course examination to
 3546  provide the training required to obtain a Firefighter
 3547  Certificate of Compliance.
 3548         (b) Courses and course examinations to provide training
 3549  required to obtain a Volunteer Firefighter Certificate of
 3550  Completion or a Special Certificate of Compliance.
 3551         (c) Courses to provide continuing training for firefighters
 3552  and volunteer firefighters.
 3553         (2) Courses under subsection (1) may only be administered
 3554  by education or training providers approved by the division
 3555  pursuant to s. 633.128(1)(c) and taught by instructors certified
 3556  pursuant to s. 633.128(1)(d) a firefighter training program of
 3557  not less than 360 hours, administered by such agencies and
 3558  institutions as it approves for the purpose of providing basic
 3559  employment training for firefighters.
 3560         (3)(a) Nothing herein shall require a fire service provider
 3561  public employer to pay the cost of such training.
 3562         (b)A fire service provider may pay part or all of the
 3563  costs of tuition for attendance at approved courses.
 3564         (4)(2) The division shall issue a firefighter certificate
 3565  of compliance to any individual who:
 3566         (a)person Satisfactorily completes complying with the
 3567  Minimum Standards Course or who has satisfactorily completed
 3568  training for firefighters in another state which has been
 3569  determined by the division to be at least the equivalent of the
 3570  training required for the Minimum Standards Course.
 3571         (b) Passes the minimum standards course examination.
 3572  training program established in subsection (1), who has
 3573  successfully passed an examination as prescribed by the
 3574  division, and
 3575         (c)who Possesses the qualifications for employment in s.
 3576  633.412 633.34, except s. 633.34(5).
 3577         (5) The division shall issue a Volunteer Firefighter
 3578  Certificate of Completion to any individual who satisfactorily
 3579  completes the course established under paragraph (1)(b) No
 3580  person may be employed as a regular or permanent firefighter by
 3581  an employing agency, or by a private entity under contract with
 3582  the state or any political subdivision of the state, including
 3583  authorities and special districts, for a period of time in
 3584  excess of 1 year from the date of initial employment until he or
 3585  she has obtained such certificate of compliance. A person who
 3586  does not hold a certificate of compliance and is employed under
 3587  this section may not directly engage in hazardous operations,
 3588  such as interior structural firefighting and hazardous
 3589  materials-incident mitigation, requiring the knowledge and
 3590  skills taught in a training program established in subsection
 3591  (1). However, a person who has served as a volunteer firefighter
 3592  with the state or any political subdivision of the state,
 3593  including authorities and special districts, who is then
 3594  employed as a regular or permanent firefighter may function,
 3595  during this period, in the same capacity in which he or she
 3596  acted as a volunteer firefighter, provided that he or she has
 3597  completed all training required by the volunteer organization.
 3598         (3) The division may issue a certificate to any person who
 3599  has received basic employment training for firefighters in
 3600  another state when the division has determined that such
 3601  training was at least equivalent to that required by the
 3602  division for approved firefighter education and training
 3603  programs in this state and when such person has satisfactorily
 3604  complied with all other requirements of this section.
 3605         (6)(a) The division may also issue a Special Certificate of
 3606  Compliance to an individual a person who:
 3607         1. Satisfactorily completes the course established in
 3608  paragraph (1)(b) to obtain a Special Certificate of Compliance.
 3609         2. Passes the examination established in paragraph (1)(b),
 3610  to obtain a Special Certificate of Compliance.
 3611         3. Possesses the qualifications in s. 633.412 is otherwise
 3612  qualified under this section and who is employed as the
 3613  administrative and command head of a fire/rescue/emergency
 3614  services organization, based on the acknowledgment that such
 3615  person is less likely to need physical dexterity and more likely
 3616  to need advanced knowledge of firefighting and supervisory
 3617  skills.
 3618         (b)A special The certificate of compliance is valid only
 3619  authorizes an individual to serve while the person is serving in
 3620  a position as an administrative and command head of a fire
 3621  service provider fire/rescue/emergency services organization.
 3622         (7)(4)An individual A person who fails an examination
 3623  given under this section may retake the examination once within
 3624  6 months after the original examination date. If the individual
 3625  An applicant who does not retake the examination or fails the
 3626  reexamination within such time, the individual must take the
 3627  Minimum Standards Course for a Firefighter Certificate of
 3628  Compliance or the course established under paragraph (1)(b) for
 3629  a Special Certificate of Compliance, pursuant to subsection (1),
 3630  before being reexamined. The division may grant an extension of
 3631  the 6-month period based upon documented medical necessity and
 3632  may establish reasonable preregistration deadlines for such
 3633  reexaminations.
 3634         (8)(5) Pursuant to s. 590.02(1)(e), the division shall
 3635  establish a structural fire training program of not less than
 3636  206 40 hours. The division shall issue to a any person
 3637  satisfactorily complying with this training program and who has
 3638  successfully passed an examination as prescribed by the division
 3639  and who has met the requirements of s. 590.02(1)(e), a Forestry
 3640  Certificate of Compliance Certificate of Forestry Firefighter.
 3641         (6)An individual who holds a current and valid Forestry
 3642  Certificate of Compliance A certified forestry firefighter is
 3643  entitled to the same rights, privileges, and benefits provided
 3644  for by law as a certified firefighter.
 3645         Section 60. Section 633.34, Florida Statutes, is
 3646  transferred, renumbered as section 633.412, Florida Statutes,
 3647  and amended to read:
 3648         633.412 633.34 Firefighters; qualifications for
 3649  certification employment.—
 3650         (1)A Any person applying for certification employment as a
 3651  firefighter must:
 3652         (a)(1) Be a high school graduate or the equivalent, as the
 3653  term may be determined by the division, and at least 18 years of
 3654  age.
 3655         (b)(2)Not Neither have been convicted of a misdemeanor
 3656  relating to the certification or to perjury or false statements,
 3657  or a felony or a crime punishable by imprisonment of 1 year or
 3658  more under the law of the United States or of any state thereof
 3659  or under the law of any other country, or dishonorably
 3660  discharged from any of the Armed Forces of the United States.
 3661  “Convicted” means a finding of guilt or the acceptance of a plea
 3662  of guilty or nolo contendere, in any federal or state court or a
 3663  court in any other country, without regard to whether a judgment
 3664  of conviction has been entered by the court having jurisdiction
 3665  of the case felony or of a misdemeanor directly related to the
 3666  position of employment sought, nor have pled nolo contendere to
 3667  any charge of a felony. If an applicant has been convicted of a
 3668  felony, such applicant must be in compliance with s.
 3669  112.011(2)(b). If an applicant has been convicted of a
 3670  misdemeanor directly related to the position of employment
 3671  sought, such applicant shall be excluded from employment for a
 3672  period of 4 years after expiration of sentence. If the sentence
 3673  is suspended or adjudication is withheld in a felony charge or
 3674  in a misdemeanor directly related to the position or employment
 3675  sought and a period of probation is imposed, the applicant must
 3676  have been released from probation.
 3677         (c)(3) Submit fingerprints a fingerprint card to the
 3678  division with a current processing fee. The fingerprints
 3679  fingerprint card will be forwarded to the Department of Law
 3680  Enforcement for state processing, and forwarded by the
 3681  Department of Law Enforcement to and/or the Federal Bureau of
 3682  Investigation for national processing.
 3683         (d)(4) Have a good moral character as determined by
 3684  investigation under procedure established by the division.
 3685         (e)(5) Be in good physical condition as determined by a
 3686  medical examination given by a physician, surgeon, or physician
 3687  assistant licensed to practice in the state pursuant to chapter
 3688  458; an osteopathic physician, surgeon, or physician assistant
 3689  licensed to practice in the state pursuant to chapter 459; or an
 3690  advanced registered nurse practitioner licensed to practice in
 3691  the state pursuant to chapter 464. Such examination may include,
 3692  but need not be limited to, provisions of the National Fire
 3693  Protection Association Standard 1582. A medical examination
 3694  evidencing good physical condition shall be submitted to the
 3695  division, on a form as provided by rule, before an individual is
 3696  eligible for admission into a course under firefighter training
 3697  program as defined in s. 633.408 633.35.
 3698         (f)(6) Be a nonuser of tobacco or tobacco products for at
 3699  least 1 year immediately preceding application, as evidenced by
 3700  the sworn affidavit of the applicant.
 3701         (2) If the division suspends or revokes an individual’s
 3702  certificate, the division must suspend or revoke all other
 3703  certificates issued by the division pursuant to this part.
 3704         Section 61. Section 633.352, Florida Statutes, is
 3705  transferred, renumbered as section 633.414, Florida Statutes,
 3706  and amended to read:
 3707         633.414 633.352 Retention of firefighter certification.—
 3708         (1) In order for a firefighter to retain her or his
 3709  Firefighter Certificate of Compliance, every 4 years he or she
 3710  must:
 3711         (a) Be Any certified firefighter who has not been active as
 3712  a firefighter, or as a volunteer firefighter with an organized
 3713  fire department, for a period of 3 years shall be required to
 3714  retake the practical portion of the minimum standards state
 3715  examination specified in rule 69A-37.056(6)(b), Florida
 3716  Administrative Code, in order to maintain her or his
 3717  certification as a firefighter;
 3718         (b) Maintain a current and valid firesafety instructor
 3719  certificate, instruct at least 40 hours during the 4-year
 3720  period, and provide proof of such instruction to the division,
 3721  which proof must be registered in an electronic database
 3722  designated by the division;
 3723         (c) Successfully complete a refresher course consisting of
 3724  a minimum of 40 hours of training to be prescribed by rule; or
 3725         (d) Within 6 months before the 4-year period expires,
 3726  successfully retake and pass the Minimum Standards Course
 3727  examination.
 3728         (2) In order for a volunteer firefighter to retain her or
 3729  his Volunteer Firefighter Certificate of Completion, every 4
 3730  years he or she must:
 3731         (a) Be active as a volunteer firefighter; or
 3732         (b) Successfully complete a refresher course consisting of
 3733  a minimum of 40 hours of training to be prescribed by rule.
 3734         (3) Subsection (1) however, this requirement does not apply
 3735  to state-certified firefighters who are certified and employed
 3736  as full-time, as determined by the fire service provider, as
 3737  firesafety inspectors or fire investigators firesafety
 3738  instructors, regardless of her or his the firefighter’s
 3739  employment status as a firefighter.
 3740         (4) For the purposes of this section, the term “active”
 3741  means being employed as a firefighter or providing service as a
 3742  volunteer firefighter for a cumulative 6 months within a 4-year
 3743  period.
 3744         (5) The 4-year 3-year period begins:
 3745         (a) If the individual is certified on or after July 1,
 3746  2013, on the date the certificate of compliance is issued or
 3747  upon termination of employment or service with a an organized
 3748  fire department.
 3749         (b) If the individual is certified before July 1, 2013, on
 3750  July 1, 2014, or upon termination of employment or service
 3751  thereafter.
 3752         Section 62. Section 633.41, Florida Statutes, is
 3753  transferred, renumbered as section 633.416, Florida Statutes,
 3754  and amended to read:
 3755         633.416 633.41Firefighter employment and volunteer
 3756  firefighter service; saving clause.—
 3757         (1) A fire service provider may not employ an individual
 3758  to:
 3759         (a) Extinguish fires for the protection of life or property
 3760  or to supervise individuals who perform such services unless the
 3761  individual holds a current and valid Firefighter Certificate of
 3762  Compliance; or
 3763         (b) Serve as the administrative and command head of a fire
 3764  service provider for a period in excess of 1 year unless the
 3765  individual holds a current and valid Firefighter Certificate of
 3766  Compliance or Special Certificate of Compliance.
 3767         (2) A fire service provider may not retain the services of
 3768  an individual volunteering to extinguish fires for the
 3769  protection of life or property or to supervise individuals who
 3770  perform such services unless the individual holds a current and
 3771  valid Volunteer Firefighter Certificate of Completion.
 3772         (3)(a) A fire service provider must make a diligent effort
 3773  to determine whether the individual has a current and valid
 3774  certificate before employing or retaining an individual for the
 3775  services under subsection (1) or subsection (2), including
 3776  making a determination of whether the requirements set forth in
 3777  s. 633.414 have been fulfilled.
 3778         (b) For the purposes of this subsection, the term “diligent
 3779  effort” means contacting at least three of the individual’s
 3780  previous employers to obtain her or his dates of employment and
 3781  contacting the division to determine the certification status of
 3782  the individual.
 3783         (4)(a) A fire service provider must notify the division
 3784  electronically, as directed by rule by the division, within 10
 3785  days after:
 3786         1. The hiring of a firefighter.
 3787         2. The retention of a volunteer firefighter.
 3788         3. The cessation of employment of a firefighter.
 3789         4. A decision not to retain a volunteer firefighter.
 3790         (b) Notification under paragraph (a) must include:
 3791         1. The individual’s name.
 3792         2. The date on which he or she was hired or retained.
 3793         3. The last date of employment or retention before leaving
 3794  the fire service provider.
 3795         4. Any other information deemed necessary by the division
 3796  to determine compliance with ss. 633.414 and 633.426.
 3797         (5) If the fire service provider makes a determination that
 3798  an individual has not met the requirements set forth in s.
 3799  633.414(1), the fire service provider must notify the division
 3800  in writing within 10 days after making that determination.
 3801         (6) The division may conduct site visits to fire
 3802  departments to monitor compliance with this section.
 3803         (7) For purposes of this section, the term “employ” means
 3804  to pay an individual a salary, wage, or other compensation for
 3805  the performance of work. The term does not include the payment
 3806  of expenses, reasonable benefits, a nominal fee, or a
 3807  combination thereof to a volunteer for a public or private fire
 3808  service provider who is only paid in a manner that would be
 3809  authorized for a volunteer under the federal Fair Labor
 3810  Standards Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.,
 3811  and its implementing rules.
 3812         (8) Firefighters employed on July 5, 1969, are not required
 3813  to meet the provisions of ss. 633.412 and 633.408 633.34 and
 3814  633.35 as a condition of tenure or continued employment; and nor
 3815  shall their failure to fulfill such requirements does not make
 3816  them ineligible for any promotional examination for which they
 3817  are otherwise eligible or affect in any way any pension rights
 3818  to which they may be entitled on July 5, 1969.
 3819         Section 63. Section 633.38, Florida Statutes, is
 3820  transferred, renumbered as section 633.418, Florida Statutes,
 3821  and amended to read:
 3822         633.418 633.38 Inservice training and promotion;
 3823  participation.—
 3824         (1)(a) The division shall by rule rules and regulations
 3825  prescribe curricula and standards for advanced and specialized
 3826  training courses and education training in addition to those
 3827  prescribed in ss. 633.412 and 633.408 633.34 and 633.35.
 3828         (b) The standards provided by this section do shall not
 3829  bind any fire service provider employing agency as to the
 3830  requirements it may have for promoting personnel.
 3831         (2) A fire service provider departments or any fire service
 3832  participating under the provisions of this section shall adhere
 3833  to the standards and procedures established by the division.
 3834         Section 64. Section 633.382, Florida Statutes, is
 3835  transferred, renumbered as section 633.422, Florida Statutes,
 3836  and amended to read:
 3837         633.422 633.382 Firefighters; supplemental compensation.—
 3838         (1) DEFINITIONS.—As used in this section, the term:
 3839         (a) “Employing agency” means any municipality or any
 3840  county, the state, or any political subdivision of the state,
 3841  including authorities and special districts employing
 3842  firefighters.
 3843         (b) “Firefighter” means any person who meets the definition
 3844  of the term “firefighter” in s. 633.30(1) who is certified in
 3845  compliance with s. 633.35 and who is employed solely within the
 3846  fire department of the employing agency or is employed by the
 3847  division.
 3848         (1)(2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.—The
 3849  Legislature recognizes the need for supplemental compensation
 3850  for firefighters who pursue higher educational opportunities
 3851  that directly relate to the improvement of the health, safety,
 3852  and welfare of firefighters and those who firefighters protect.
 3853  The State Fire Marshal shall determine, and adopt by rule, the
 3854  course work or degrees that represent the best practices toward
 3855  this goal in the field of firefighting.
 3856         (a) In addition to the compensation now paid by a fire
 3857  service provider an employing agency to any firefighter, every
 3858  firefighter shall be paid supplemental compensation by the fire
 3859  service provider employing agency when such firefighter is a
 3860  full-time employee, as determined by the employing fire service
 3861  provider, and has complied with one of the following criteria:
 3862         1. A Any firefighter who receives an associate degree from
 3863  an accredited a college, which degree is directly applicable to
 3864  fire department duties, as outlined in policy guidelines adopted
 3865  by rule by of the division, shall be additionally compensated as
 3866  outlined in paragraph (2)(3)(a).
 3867         2. A Any firefighter, regardless of whether or not she or
 3868  he earned an associate degree earlier, who receives from an
 3869  accredited college or university a bachelor’s degree, which
 3870  bachelor’s degree is directly applicable to fire department
 3871  duties, as outlined in policy guidelines adopted by rule by of
 3872  the division, shall receive compensation as outlined in
 3873  paragraph (2)(3)(b).
 3874         (b) If Whenever any question arises as to the eligibility
 3875  of any firefighter to receive supplemental compensation as
 3876  provided in this section, the question, together with all facts
 3877  relating thereto, must shall be submitted to the division for
 3878  determination, and the decision of the division with regard to
 3879  determination of eligibility shall be final, subject to the
 3880  provisions of chapter 120.
 3881         (2)(3) SUPPLEMENTAL COMPENSATION.—Supplemental compensation
 3882  shall be determined as follows:
 3883         (a) Fifty dollars shall be paid monthly to each firefighter
 3884  who qualifies under the provisions of subparagraph (1)(2)(a)1.
 3885         (b) One hundred and ten dollars shall be paid monthly to
 3886  each firefighter who qualifies under the provisions of
 3887  subparagraph (1)(2)(a)2.
 3888         (3)(4) FUNDING.—
 3889         (a) The fire service provider employing agency is
 3890  responsible for the correct payment of firefighters pursuant to
 3891  the provisions of this section. The division may review, in a
 3892  postaudit capacity, any action taken by an agency in
 3893  administering the educational incentive program. The fire
 3894  service provider employing agency shall take appropriate action
 3895  when a postaudit shows that an action taken by the fire service
 3896  provider employing agency was in error.
 3897         (b) Each fire service provider agency employing
 3898  firefighters who are eligible for this compensation shall submit
 3899  reports containing information relating to compensation paid as
 3900  a result of this section to the division on March 31, June 30,
 3901  September 30, and December 31 of each year.
 3902         (c) There is appropriated from the Police and Firefighter’s
 3903  Premium Tax Trust Fund to the Firefighters’ Supplemental
 3904  Compensation Trust Fund, which is hereby created under the
 3905  Department of Revenue, all moneys which have not been
 3906  distributed to municipalities and special fire control districts
 3907  in accordance with s. 175.121 as a result of the limitation
 3908  contained in s. 175.122 on the disbursement of revenues
 3909  collected pursuant to chapter 175 or as a result of any
 3910  municipality or special fire control district not having
 3911  qualified in any given year, or portion thereof, for
 3912  participation in the distribution of the revenues collected
 3913  pursuant to chapter 175. The total required annual distribution
 3914  from the Firefighters’ Supplemental Compensation Trust Fund
 3915  shall equal the amount necessary to pay supplemental
 3916  compensation as provided in this section, provided that:
 3917         1. Any deficit in the total required annual distribution
 3918  shall be made up from accrued surplus funds existing in the
 3919  Firefighters’ Supplemental Compensation Trust Fund on June 30,
 3920  1990, for as long as such funds last. If the accrued surplus is
 3921  insufficient to cure the deficit in any given year, the
 3922  proration of the appropriation among the counties,
 3923  municipalities, and special fire service taxing districts shall
 3924  equal the ratio of compensation paid in the prior year to
 3925  county, municipal, and special fire service taxing district
 3926  firefighters pursuant to this section. This ratio shall be
 3927  provided annually to the Department of Revenue by the division
 3928  of State Fire Marshal. Surplus funds that have accrued or accrue
 3929  on or after July 1, 1990, shall be redistributed to
 3930  municipalities and special fire control districts as provided in
 3931  subparagraph 2.
 3932         2. By October 1 of each year, any funds that have accrued
 3933  or accrue on or after July 1, 1990, and remain in the
 3934  Firefighters’ Supplemental Compensation Trust Fund following the
 3935  required annual distribution shall be redistributed by the
 3936  Department of Revenue pro rata to those municipalities and
 3937  special fire control districts identified by the Department of
 3938  Management Services as being eligible for additional funds
 3939  pursuant to s. 175.121(3)(b).
 3940         (d) Salary incentive payments to firefighters shall
 3941  commence in the first full calendar month following the initial
 3942  date of certification of eligibility by the division of State
 3943  Fire Marshal.
 3944         (e) Special fire service taxing districts are authorized
 3945  and empowered to spend expend the funds necessary to ensure
 3946  correct payment to firefighters.
 3947         (4)(5) LEGISLATIVE FINDINGS.—The payment of supplemental
 3948  compensation and expenses of the administration provided by this
 3949  section is found to serve a state, county, district, and
 3950  municipal purpose and to provide benefit to the state and to its
 3951  counties, municipalities, and districts.
 3952         (5) APPLICABILITY.—For the purposes of this section, the
 3953  division shall be considered a fire service provider responsible
 3954  for the payment of supplemental compensation in accordance with
 3955  this section to firefighters employed full-time by the division.
 3956         Section 65. Section 633.353, Florida Statutes, is
 3957  transferred, renumbered as section 633.424, Florida Statutes,
 3958  and amended to read:
 3959         633.424 633.353 Falsification of qualifications.—An
 3960  individual Any person who willfully and knowingly falsifies her
 3961  or his the qualifications of a new employee to the Bureau of
 3962  Fire Standards and Training of the division commits is guilty of
 3963  a misdemeanor of the second degree, punishable as provided in s.
 3964  775.082 or s. 775.083.
 3965         Section 66. Section 633.351, Florida Statutes, is
 3966  transferred, renumbered as section 633.426, Florida Statutes,
 3967  and amended to read:
 3968         633.426 633.351 Disciplinary action; firefighters;
 3969  standards for revocation of certification.—
 3970         (1) For purposes of this section, the term:
 3971         (a) “Certificate” means any of the certificates issued
 3972  under s. 633.406.
 3973         (b) “Certification” or “certified” means the act of holding
 3974  a current and valid certificate.
 3975         (c) “Convicted” means a finding of guilt, or the acceptance
 3976  of a plea of guilty or nolo contendere, in any federal or state
 3977  court or a court in any other country, without regard to whether
 3978  a judgment of conviction has been entered by the court having
 3979  jurisdiction of the case.
 3980         (d) “Department” means the Florida Department of Law
 3981  Enforcement.
 3982         (2) An individual is ineligible to apply for certification
 3983  if the individual has, at any time, been:
 3984         (a) Convicted of a misdemeanor relating to the
 3985  certification or to perjury or false statements.
 3986         (b) Convicted of a felony or a crime punishable by
 3987  imprisonment of 1 year or more under the law of the United
 3988  States or of any state thereof, or under the law of any other
 3989  country.
 3990         (c) Dishonorably discharged from any of the Armed Forces of
 3991  the United States.
 3992         (3)(a) The certification of an individual shall be
 3993  permanently revoked if the individual is:
 3994         1. Convicted of a misdemeanor relating to perjury or false
 3995  statement.
 3996         2. Convicted of a felony or a crime punishable by
 3997  imprisonment of 1 year or more under the law of the United
 3998  States or of any state thereof, or under the law of any other
 3999  country.
 4000         3. Dishonorably discharged from any of the Armed Forces of
 4001  the United States.
 4002         (b) For individuals who are certified before July 1, 2013:
 4003         1. This subsection applies prospectively to convictions or
 4004  dishonorable discharges entered on or after July 1, 2013.
 4005         2. Section 633.351 as it existed before July 1, 2013,
 4006  applies to convictions entered before July 1, 2013.
 4007         (4) The certification of an individual a firefighter shall
 4008  be revoked if evidence is found which demonstrates that the
 4009  certification was improperly issued by the division or if
 4010  evidence is found that the certification was issued on the basis
 4011  of false, incorrect, incomplete, or misleading information, or
 4012  that the individual has demonstrated a lack of moral fitness or
 4013  trustworthiness to carry out the responsibilities under the
 4014  individual’s certification.
 4015         (5)(a) Each individual who applies for certification must
 4016  submit fingerprints to the division with a current processing
 4017  fee, unless that individual’s fingerprints are retained by the
 4018  department under paragraph (b). By July 1, 2014, any individual
 4019  who is certified and whose fingerprints have not been retained
 4020  by the department under paragraph (b) must submit fingerprints
 4021  to the division with a current processing fee. The division
 4022  shall forward each individual’s fingerprints to the department
 4023  for state processing and the Department of Law Enforcement shall
 4024  forward each individual’s fingerprints to the Federal Bureau of
 4025  Investigation for national processing. A fire service provider
 4026  may pay the current processing fee required by this paragraph.
 4027         (b) The department shall retain and enter into the
 4028  statewide automated fingerprint identification system authorized
 4029  by s. 943.05 all fingerprints submitted to the division under
 4030  this section and s. 633.412. Thereafter, the fingerprints shall
 4031  be available for all purposes and uses authorized for arrest
 4032  fingerprints entered in the statewide automated fingerprint
 4033  identification system pursuant to s. 943.051. The department
 4034  shall search the fingerprints retained pursuant to this section
 4035  against all arrest fingerprints received pursuant to s. 943.051
 4036  and report to the division any arrest records that are
 4037  identified with the retained fingerprints.
 4038         (2) The certification of a firefighter who is convicted of
 4039  a felony, or who is convicted of a misdemeanor relating to
 4040  misleading or false statements, or who pleads nolo contendere to
 4041  any charge of a felony shall be revoked until the firefighter
 4042  complies with s. 112.011(2)(b). However, if sentence upon such
 4043  felony or such misdemeanor charge is suspended or adjudication
 4044  is withheld, the firefighter’s certification shall be revoked
 4045  until she or he completes any probation.
 4046         Section 67. Section 633.43, Florida Statutes, is
 4047  transferred, renumbered as section 633.428, Florida Statutes,
 4048  and amended to read:
 4049         633.428 633.43 Florida State Fire College established.
 4050  There is hereby established a state institution to be known as
 4051  the Florida State Fire College, to be located at or near Ocala,
 4052  Marion County. The institution shall be operated by the division
 4053  of State Fire Marshal of the department.
 4054         Section 68. Section 633.44, Florida Statutes, is
 4055  transferred, renumbered as section 633.432, Florida Statutes,
 4056  and amended to read:
 4057         633.432 633.44 Purpose of fire college.—The purposes of
 4058  part IV ss. 633.43-633.49 and of the Florida State Fire College
 4059  are shall be:
 4060         (1) To provide professional and volunteer firefighters with
 4061  needful professional instruction and training in subjects,
 4062  including, but not limited to, firefighting, fire prevention,
 4063  hazardous materials, urban search and rescue, and emergency
 4064  operations, at a minimum of cost to them and to their employers.
 4065         (2) To ensure the professionalism and competence of those
 4066  performing firefighting, fire prevention, and associated fire
 4067  protection functions by administering a system of certification
 4068  and licensing.
 4069         (3)(2) To develop new methods and practices of firefighting
 4070  and fire prevention.
 4071         (4)(3) To assist the state and county, municipal, and other
 4072  local governments of this state and their agencies and officers
 4073  in their investigation and determination of the causes of fires.
 4074         (5)(4) To provide testing facilities for testing
 4075  firefighting equipment.
 4076         (6)(5) To disseminate useful information on fires,
 4077  firefighting and fire prevention and other related subjects, to
 4078  fire departments and others interested in such information.
 4079         (7)(6) To do such other needful or useful things necessary
 4080  to the promotion of public safety in the field of fire hazards
 4081  and fire prevention work.
 4082  
 4083  It is hereby declared by the Legislature that the above purposes
 4084  are legitimate state functions and are designed to promote
 4085  public safety.
 4086         Section 69. Section 633.48, Florida Statutes, is
 4087  transferred, renumbered as section 633.434, Florida Statutes,
 4088  and amended to read:
 4089         633.434 633.48 Superintendent of college.—The division may
 4090  employ a superintendent for the Florida State Fire College, who
 4091  must shall be especially trained and qualified in firefighting,
 4092  fire prevention and fire experimental work, and may employ on
 4093  the recommendations of the said superintendent such other
 4094  instructors, experimental helpers and laborers as may be
 4095  necessary to the proper conduct of the said institution; and may
 4096  proceed with the erection and detailed operation of the said
 4097  institution under ss. 633.428-633.444 633.43-633.49.
 4098         Section 70. Section 633.461, Florida Statutes, is
 4099  transferred, renumbered as section 633.436, Florida Statutes,
 4100  and amended to read:
 4101         633.436 633.461 Use of Insurance Regulatory Trust Fund.—The
 4102  funds received from the Insurance Regulatory Trust Fund shall be
 4103  used by the staff of the Florida State Fire College to provide
 4104  all necessary services, training, equipment, and supplies to
 4105  carry out the college’s responsibilities, including, but not
 4106  limited to, the State Fire Marshal Scholarship Grant Program and
 4107  the procurement of training resources and films, videotapes,
 4108  audiovisual equipment, and other useful information on fire,
 4109  firefighting, and fire prevention, including public fire service
 4110  information packages.
 4111         Section 71. Section 633.47, Florida Statutes, is
 4112  transferred and renumbered as section 633.438, Florida Statutes.
 4113         Section 72. Section 633.49, Florida Statutes, is
 4114  transferred, renumbered as section 633.442, Florida Statutes,
 4115  and amended to read:
 4116         633.442 633.49 Buildings, equipment, and other facilities;
 4117  use.—The division shall have the power to prescribe and shall
 4118  make the necessary rules and regulations for the use of
 4119  buildings, equipment, and other facilities of the Florida State
 4120  Fire College when they are not in use for the purposes set forth
 4121  in part IV ss. 633.43-633.49.
 4122         Section 73. Section 633.50, Florida Statutes, is
 4123  transferred, renumbered as section 633.444, Florida Statutes,
 4124  and amended to read:
 4125         633.444 633.50 Division powers and duties; Florida State
 4126  Fire College.—
 4127         (1) The division, in performing its duties related to the
 4128  Florida State Fire College, specified in part IV ss. 633.43
 4129  633.49, shall:
 4130         (a) Enter into agreements with public or private school
 4131  districts, community colleges, junior colleges, or state
 4132  universities to carry out its duties and responsibilities.
 4133         (b) Review and approve budget requests for the fire college
 4134  educational program.
 4135         (c) Prepare the legislative budget request for the Florida
 4136  State Fire College education program. The superintendent is
 4137  responsible for all expenditures pursuant to appropriations.
 4138         (d) Implement procedures to obtain appropriate entitlement
 4139  funds from federal and state grants to supplement the annual
 4140  legislative appropriation. Such funds must be used expressly for
 4141  the fire college educational programs.
 4142         (e) Develop a staffing and funding formula for the Florida
 4143  State Fire College. The formula must shall include differential
 4144  funding levels for various types of programs, must shall be
 4145  based on the number of full-time equivalent students and
 4146  information obtained from scheduled attendance counts taken the
 4147  first day of each program, and must shall provide the basis for
 4148  the legislative budget request. As used in this section, a full
 4149  time equivalent student is equal to a minimum of 900 hours in a
 4150  technical certificate program and 400 hours in a degree-seeking
 4151  program. The funding formula must shall be as prescribed
 4152  pursuant to s. 1011.62, must shall include procedures to
 4153  document daily attendance, and must shall require that
 4154  attendance records be retained for audit purposes.
 4155         (f) Approve and register in an electronic database
 4156  designated by the division an education or training provider
 4157  before the education or training provider may offer any course
 4158  to fulfill any education or training requirement under this
 4159  chapter. The division shall establish criteria, by rule, for the
 4160  approval of such education or training providers. Only approved
 4161  and registered education or training providers are eligible to
 4162  provide instruction or training that will be recognized by the
 4163  division as fulfilling any education or training requirement
 4164  under this chapter.
 4165         (g) Recognize only courses offered by approved and
 4166  registered training or education providers as fulfilling the
 4167  education or training requirements under this chapter.
 4168         (2) Funds generated by the formula per full-time equivalent
 4169  student may not exceed the level of state funding per full-time
 4170  equivalent student generated through the Florida Education
 4171  Finance Program or the State Community College Program Fund for
 4172  students enrolled in comparable education programs provided by
 4173  public school districts and community colleges. Funds
 4174  appropriated for education and operational costs shall be
 4175  deposited in the Insurance Regulatory Trust Fund to be used
 4176  solely for purposes specified in s. 633.436 633.461 and may not
 4177  be transferred to any other budget entity for purposes other
 4178  than education.
 4179         Section 74. The Division of Law Revision and Information is
 4180  requested to create part V of chapter 633, Florida Statutes,
 4181  consisting of sections 633.502, 633.504, 633.506, 633.508,
 4182  633.512, 633.516, 633.518, 633.520, 633.522, 633.526, 633.528,
 4183  633.532, 633.534, and 633.536, Florida Statutes, to be entitled
 4184  “Florida Firefighters Occupational Safety and Health Act.”
 4185         Section 75. Section 633.801, Florida Statutes, is
 4186  transferred, renumbered as section 633.502, Florida Statutes,
 4187  and amended to read:
 4188         633.502 633.801 Short title.—Sections 633.502-633.536,
 4189  633.801-633.821 may be cited as the “Florida Firefighters
 4190  Occupational Safety and Health Act.”
 4191         Section 76. Section 633.802, Florida Statutes, is
 4192  transferred and renumbered as section 633.504, Florida Statutes,
 4193  and subsections (1), (2), and (4) of that section are amended,
 4194  to read:
 4195         633.504 633.802 Definitions.—As used in this part, the term
 4196  Unless the context clearly requires otherwise, the following
 4197  definitions shall apply to ss. 633.801-633.821:
 4198         (1) “Firefighter employee” means a firefighter, volunteer
 4199  firefighter, or individual providing support services who is any
 4200  person engaged in any employment, public or private, as a
 4201  firefighter under any appointment or contract of hire or
 4202  apprenticeship, express or implied, oral or written, whether
 4203  lawfully or unlawfully employed, responding to or assisting with
 4204  fire or medical emergencies, regardless of whether or not the
 4205  firefighter is on duty, except those appointed under s.
 4206  590.02(1)(d).
 4207         (2) “Firefighter employer” means the state and all
 4208  political subdivisions of this state, all public and quasi
 4209  public corporations in this state, and a every person carrying
 4210  on any employment for this state, political subdivisions of this
 4211  state, and public and quasi-public corporations in this state
 4212  which employs firefighter employees firefighters, except those
 4213  appointed under s. 590.02(1)(d).
 4214         (4) “Firefighter place of employment” or “place of
 4215  employment” means the physical location at which the firefighter
 4216  employee is employed or deployed.
 4217         Section 77. Section 633.803, Florida Statutes, is
 4218  transferred, renumbered as section 633.506, Florida Statutes,
 4219  and amended to read:
 4220         633.506 633.803 Legislative intent.—It is the intent of the
 4221  Legislature to enhance firefighter occupational safety and
 4222  health in the state through the implementation and maintenance
 4223  of policies, procedures, practices, rules, and standards that
 4224  reduce the incidence of firefighter employee accidents,
 4225  firefighter employee occupational diseases, and firefighter
 4226  employee fatalities compensable under chapter 440 or otherwise.
 4227  The Legislature further intends that the division develop a
 4228  means by which the division can identify individual firefighter
 4229  employers with a high frequency or severity of work-related
 4230  injuries, conduct safety inspections of those firefighter
 4231  employers, and assist those firefighter employers in the
 4232  development and implementation of firefighter employee safety
 4233  and health programs. In addition, it is the intent of the
 4234  Legislature that the division administer and enforce this part
 4235  the provisions of ss. 633.801-633.821; provide assistance to
 4236  firefighter employers, firefighter employees, and insurers; and
 4237  enforce the policies, rules, and standards set forth in this
 4238  part ss. 633.801-633.821.
 4239         Section 78. Section 633.821, Florida Statutes, is
 4240  transferred and renumbered as section 633.508, Florida Statutes,
 4241  subsections (2), (3), (5), and (6) of that section are amended,
 4242  and subsection (7) is added to that section to read:
 4243         633.508 633.821 Workplace safety; rulemaking authority;
 4244  division authority.—
 4245         (2) The division shall have the authority to adopt rules
 4246  for the purpose of ensuring safe working conditions for all
 4247  firefighter employees by authorizing the enforcement of
 4248  effective standards, by assisting and encouraging firefighter
 4249  employers to maintain safe working conditions, and by providing
 4250  for education and training in the field of safety. Specifically,
 4251  the division may by rule adopt the most current edition of all
 4252  or any part of subparts C through T and subpart Z of 29 C.F.R.
 4253  s. 1910, as revised April 8, 1998; the National Fire Protection
 4254  Association, Inc., Standard 1500, paragraph 5-7 (Personal Alert
 4255  Safety System) (1992 edition); the National Fire Protection
 4256  Association, Inc., Publication 1403, Standard on Live Fire
 4257  Training Evolutions (latest edition), as limited by subsection
 4258  (6); and ANSI A 10.4-1990.
 4259         (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
 4260  individuals located outside the immediately dangerous to life
 4261  and health atmosphere may be assigned to an additional role,
 4262  such as incident commander, pumper operator, engineer, or
 4263  driver, so long as such individual can is able to immediately
 4264  perform assistance or rescue activities without jeopardizing the
 4265  safety or health of any firefighter employee working at an
 4266  incident. Also with respect to 29 C.F.R. s. 1910.134(g)(4):
 4267         (a) Each county, municipality, and special district shall
 4268  implement such provision by April 1, 2002, except as provided in
 4269  paragraphs (b) and (c).
 4270         (b) If any county, municipality, or special district is
 4271  unable to implement such provision by April 1, 2002, without
 4272  adding additional personnel to its firefighting staff or
 4273  expending significant additional funds, such county,
 4274  municipality, or special district shall have an additional 6
 4275  months within which to implement such provision. Such county,
 4276  municipality, or special district shall notify the division that
 4277  the 6-month extension to implement such provision is in effect
 4278  in such county, municipality, or special district within 30 days
 4279  after its decision to extend the time for the additional 6
 4280  months. The decision to extend the time for implementation shall
 4281  be made prior to April 1, 2002.
 4282         (c) If, after the extension granted in paragraph (b), the
 4283  county, municipality, or special district, after having worked
 4284  with and cooperated fully with the division and the Firefighters
 4285  Employment, Standards, and Training Council, is still unable to
 4286  implement such provisions without adding additional personnel to
 4287  its firefighting staff or expending significant additional
 4288  funds, such municipality, county, or special district shall be
 4289  exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
 4290  However, each year thereafter the division shall review each
 4291  such county, municipality, or special district to determine if
 4292  such county, municipality, or special district has the ability
 4293  to implement such provision without adding additional personnel
 4294  to its firefighting staff or expending significant additional
 4295  funds. If the division determines that any county, municipality,
 4296  or special district has the ability to implement such provision
 4297  without adding additional personnel to its firefighting staff or
 4298  expending significant additional funds, the division shall
 4299  require such county, municipality, or special district to
 4300  implement such provision. Such requirement by the division under
 4301  this paragraph constitutes final agency action subject to
 4302  chapter 120.
 4303         (5) The division may adopt any rule necessary to implement,
 4304  interpret, and make specific the provisions of this section,
 4305  provided the division may not adopt by rule any other standard
 4306  or standards of the Occupational Safety and Health
 4307  Administration or the National Fire Protection Association
 4308  relating solely to this part ss. 633.801-633.821 and firefighter
 4309  employment safety without specific legislative authority.
 4310         (6)(a) The division shall adopt rules for live fire
 4311  training that all firefighter employees firefighters subject to
 4312  this chapter must complete. The division shall also adopt rules
 4313  for a training and certification process for live fire training
 4314  instructors.
 4315         (b) Such rules for training must shall include:
 4316         1. Sections of the most current edition of the National
 4317  Fire Protection Association, Inc., Publication 1402, Guide to
 4318  Building Fire Service Training Centers, relating to establishing
 4319  policies and procedures for effective use of such permanent
 4320  facilities or structures.
 4321         2. Sections of the most current edition of the National
 4322  Fire Protection Association, Inc., Publication 1403, Standard on
 4323  Live Fire Training Evolutions, excluding, however:
 4324         a. Any chapter entitled “Referenced Publications.”
 4325         b. References to the National Fire Protection Association,
 4326  Inc., Publication 1975, Station Uniform.
 4327         c. Provisions of the National Fire Protection Association,
 4328  Inc., Publication 1001, not adopted under rule 69A-37 or any
 4329  references to such publication in the National Fire Protection
 4330  Association, Inc., Publication 1975.
 4331         d. Any reference to an authority having jurisdiction in the
 4332  National Fire Protection Association, Inc., Publication 1403,
 4333  defined as the organization, office, or individual responsible
 4334  for approving equipment, materials, installations, and
 4335  procedures.
 4336         3. A 40-hour training program for live fire training
 4337  instructors, including:
 4338         a. Live fire instructional techniques.
 4339         b. Training safety in acquired or permanent facilities or
 4340  props.
 4341         c. Personnel safety.
 4342         d. Exterior props, including, but not limited to, liquid
 4343  petroleum gas, other liquid fuels, and similar props.
 4344         (c) The rules, excluding those pertaining to live fire
 4345  training instructor certification, shall take effect no later
 4346  than January 1, 2006.
 4347         (c)(d) Each live fire training instructor is required to be
 4348  a state certified fire safety instructor. All live fire training
 4349  commenced on and after January 1, 2007, must be conducted by a
 4350  certified live fire training instructor.
 4351         (d)(e) This subsection does not apply to wildland or
 4352  prescribed live fire training exercises sanctioned by the
 4353  Florida Forest Service of the Department of Agriculture and
 4354  Consumer Services or the National Wildfire Coordinating Group.
 4355         (7) The division shall:
 4356         (a) Investigate and prescribe by rule what safety devices,
 4357  safeguards, or other means of protection must be adopted for the
 4358  prevention of accidents and injuries in every firefighter
 4359  employee place of employment or at any fire scene; determine
 4360  what suitable devices, safeguards, or other means of protection
 4361  for the prevention of occupational diseases must be adopted or
 4362  followed in any or all such firefighter places of employment or
 4363  at any emergency fire scene; and adopt reasonable rules for the
 4364  prevention of accidents, the safety, protection, and security of
 4365  firefighter employees engaged in interior firefighting, and the
 4366  prevention of occupational diseases.
 4367         (b) Ascertain, fix, and order such reasonable standards and
 4368  rules for the construction, repair, and maintenance of
 4369  firefighter employee places of employment so as to render them
 4370  safe. Such rules and standards shall be adopted in accordance
 4371  with chapter 120.
 4372         (c) Adopt rules prescribing recordkeeping responsibilities
 4373  for firefighter employers, which may include maintaining a log
 4374  and summary of occupational injuries, diseases, and illnesses,
 4375  for producing on request a notice of injury and firefighter
 4376  employee accident investigation records, and prescribing a
 4377  retention schedule for such records.
 4378         Section 79. Section 633.817, Florida Statutes, is
 4379  transferred, renumbered as section 633.512, Florida Statutes,
 4380  and amended to read:
 4381         633.512 633.817 Compliance.—Failure of a firefighter
 4382  employer or an insurer to comply with this part ss. 633.801
 4383  633.821, or with any rules adopted under this part ss. 633.801
 4384  633.821, constitutes grounds for the division to seek remedies,
 4385  including injunctive relief, by making appropriate filings with
 4386  the circuit court.
 4387         Section 80. Section 633.805, Florida Statutes, is
 4388  transferred and renumbered as section 633.516, Florida Statutes.
 4389         Section 81. Section 633.806, Florida Statutes, is
 4390  transferred, renumbered as section 633.518, Florida Statutes,
 4391  and amended to read:
 4392         633.518 633.806Studies, investigations, inspections, or
 4393  inquiries by the division; refusal to admit; penalty.—
 4394         (1) The division shall make studies, and investigations,
 4395  inspections, or inquiries with respect to compliance with this
 4396  part or any rules authorized under this part safety provisions
 4397  and the causes of firefighter employee injuries, illnesses,
 4398  safety-based complaints, or Line of Duty Deaths (LODD) as
 4399  defined in rule in firefighter employee places of employment and
 4400  shall make such recommendations to the Legislature and
 4401  firefighter employers and insurers as the division considers
 4402  proper as to prevent or reduce future occurrences the best means
 4403  of preventing firefighter injuries. In making such studies, and
 4404  investigations, inspections, or inquiries, the division may
 4405  cooperate with any agency of the United States charged with the
 4406  duty of enforcing any law securing safety against injury in any
 4407  place of firefighter employment covered by this part ss.
 4408  633.801-633.821 or any agency or department of the state engaged
 4409  in enforcing any law to ensure safety for firefighter employees.
 4410         (2) The division by rule may adopt procedures for
 4411  conducting investigations, inspections, or inquiries of
 4412  firefighter employers under this part ss. 633.801-633.821.
 4413         (3) The division and authorized representatives of the
 4414  division may enter and inspect any firefighter employee’s place
 4415  of employment at any reasonable time for the purpose of
 4416  investigating compliance with this part and conducting
 4417  inspections for the proper enforcement of this part. A
 4418  firefighter employer who refuses to admit any member of the
 4419  division or authorized representative of the division to any
 4420  place of employment or to allow investigation and inspection
 4421  pursuant to this section commits a misdemeanor of the second
 4422  degree, punishable as provided in s. 775.082 or s. 775.083.
 4423         Section 82. Section 633.807, Florida Statutes, is
 4424  transferred, renumbered as section 633.520, Florida Statutes,
 4425  and amended to read:
 4426         633.520 633.807 Safety; firefighter employer
 4427  responsibilities.—Every firefighter employer shall furnish and
 4428  use safety devices and safeguards, adopt and use methods and
 4429  processes reasonably adequate to render such an employment and
 4430  place of employment safe, and do every other thing reasonably
 4431  necessary to protect the lives, health, and safety of such
 4432  firefighter employees. As used in this section, the terms “safe”
 4433  and “safety,” as applied to any employment or place of
 4434  firefighter employment, mean such freedom from danger as is
 4435  reasonably necessary for the protection of the lives, health,
 4436  and safety of firefighter employees, including conditions and
 4437  methods of sanitation and hygiene. Safety devices and safeguards
 4438  required to be furnished by the firefighter employer by this
 4439  section or by the division under authority of this section do
 4440  shall not include personal apparel and protective devices that
 4441  replace personal apparel normally worn by firefighter employees
 4442  during regular working hours.
 4443         Section 83. Section 633.809, Florida Statutes, is
 4444  transferred, renumbered as section 633.522, Florida Statutes,
 4445  and amended to read:
 4446         633.522 633.809 Firefighter employers; whose firefighter
 4447  employees have a high frequency of work-related injuries;
 4448  corrective plans; workplace safety committees and coordinators;
 4449  failure to implement a safety and health program; cancellation.—
 4450         (1) The division shall develop a means to by which the
 4451  division may identify individual firefighter employers with
 4452  whose firefighter employees have a high frequency or severity of
 4453  firefighter employee work-related injuries. The division shall
 4454  carry out safety inspections of the facilities and operations of
 4455  those firefighter employers in order to assist them in reducing
 4456  the frequency and severity of work-related injuries. The
 4457  division shall develop safety and health programs for those
 4458  firefighter employers. Insurers shall distribute such safety and
 4459  health programs to the firefighter employers so identified by
 4460  the division. Those firefighter employers identified by the
 4461  division as having a high frequency or severity of work-related
 4462  injuries shall implement a safety and health program developed
 4463  by the division. The division shall conduct carry out safety
 4464  inspections of those firefighter employers so identified to
 4465  ensure compliance with this part or the division’s rules and
 4466  make recommendations based upon current the safety and health
 4467  practices program and to assist such firefighter employers in
 4468  reducing the number of work-related injuries. The division may
 4469  not assess penalties as a result of such inspections, except as
 4470  provided by s. 633.813. Copies of any report made as the result
 4471  of such an inspection shall be provided to the firefighter
 4472  employer and its insurer. Firefighter employers shall may submit
 4473  a plan for the correction of any noncompliance issues their own
 4474  safety and health programs to the division for approval in
 4475  accordance with division rule lieu of using the safety and
 4476  health program developed by the division. The division shall
 4477  promptly review the plan program submitted and approve or
 4478  disapprove the plan program within 60 days or such plan program
 4479  shall be deemed approved. Upon approval by the division, the
 4480  plan program shall be implemented by the firefighter employer.
 4481  If the plan program is not submitted, does not provide
 4482  corrective actions for all deficiencies, is not complete, or is
 4483  not implemented, the fire service provider shall be subject to
 4484  s. 633.526 approved or if a program is not submitted, the
 4485  firefighter employer shall implement the program developed by
 4486  the division. The division shall adopt rules setting forth the
 4487  criteria for safety and health programs, as such rules relate to
 4488  this section.
 4489         (2) In order to promote health and safety in firefighter
 4490  employee places of employment in this state:
 4491         (a) Each firefighter employer of 20 or more firefighter
 4492  employees shall establish and administer a workplace safety
 4493  committee in accordance with rules adopted under this section.
 4494         (b) Each firefighter employer of fewer than 20 firefighter
 4495  employees with a high frequency or high severity of work-related
 4496  injuries, as identified by the division, shall establish and
 4497  administer a workplace safety committee or designate a workplace
 4498  safety coordinator who shall establish and administer workplace
 4499  safety activities in accordance with rules adopted under this
 4500  section.
 4501         (3) The division shall adopt rules:
 4502         (a) Prescribing the membership of the workplace safety
 4503  committees so as to ensure an equal number of firefighter
 4504  employee representatives who are volunteers or are elected by
 4505  their peers and firefighter employer representatives, and
 4506  specifying the frequency of meetings.
 4507         (b) Requiring firefighter employers to make adequate
 4508  records of each meeting and to file and to maintain the records
 4509  subject to inspection by the division.
 4510         (c) Prescribing the duties and functions of the workplace
 4511  safety committee and workplace safety coordinator which include,
 4512  but are not limited to:
 4513         1. Establishing procedures for workplace safety inspections
 4514  by the committee.
 4515         2. Establishing procedures for investigating all workplace
 4516  accidents, safety-related incidents, illnesses, and deaths.
 4517         3. Evaluating accident prevention and illness prevention
 4518  programs.
 4519         4. Prescribing guidelines for the training of safety
 4520  committee members.
 4521         (4) The composition, selection, and function of workplace
 4522  safety committees shall be a mandatory topic of negotiations
 4523  with any certified collective bargaining agent for firefighter
 4524  employers that operate under a collective bargaining agreement.
 4525  Firefighter employers that operate under a collective bargaining
 4526  agreement that contains provisions governing the formation and
 4527  operation of workplace safety committees that meet or exceed the
 4528  minimum requirements contained in this section, or firefighter
 4529  employers who otherwise have existing workplace safety
 4530  committees that meet or exceed the minimum requirements
 4531  established by this section, are in compliance with this
 4532  section.
 4533         (5) Firefighter employees shall be compensated their
 4534  regular hourly wage while engaged in workplace safety committee
 4535  or workplace safety coordinator training, meetings, or other
 4536  duties prescribed under this section.
 4537         (6) If a firefighter employer fails to implement a
 4538  corrective plan, the insurer or self-insurer’s fund that is
 4539  providing coverage for the firefighter employer may cancel the
 4540  contract for insurance with the firefighter employer. In the
 4541  alternative, the insurer or fund may terminate any discount or
 4542  deviation granted to the firefighter employer for the remainder
 4543  of the term of the policy. If the contract is canceled or the
 4544  discount or deviation is terminated, the insurer must make such
 4545  reports as are required by law.
 4546         Section 84. Section 633.811, Florida Statutes, is
 4547  transferred, renumbered as section 633.526, Florida Statutes,
 4548  and amended to read:
 4549         633.526 633.811 Firefighter employer penalties.—If any
 4550  firefighter employer violates or fails or refuses to comply with
 4551  this part ss. 633.801-633.821, or with any rule adopted by the
 4552  division under such sections in accordance with chapter 120 for
 4553  the prevention of injuries, accidents, or occupational diseases
 4554  or with any lawful order of the division in connection with this
 4555  part ss. 633.801-633.821, or fails or refuses to furnish or
 4556  adopt any safety device, safeguard, or other means of protection
 4557  prescribed by division rule under this part ss. 633.801-633.821
 4558  for the prevention of accidents or occupational diseases, the
 4559  division may:
 4560         (1) Issue an administrative cease and desist order,
 4561  enforceable in the circuit court in the jurisdiction where the
 4562  violation is occurring or has occurred.
 4563         (2) Assess an administrative fine against a firefighter
 4564  employer of not less than $100 or more than $1,000 for each
 4565  violation and each day a violation is committed.
 4566         (3) Assess against the firefighter employer a civil penalty
 4567  of not less than $100 nor more than $5,000 for each day the
 4568  violation, omission, failure, or refusal continues after the
 4569  firefighter employer has been given written notice of such
 4570  violation, omission, failure, or refusal. The total penalty for
 4571  each violation shall not exceed $50,000. The division shall
 4572  adopt rules requiring penalties commensurate with the frequency
 4573  or severity of safety violations. Hearings requested under this
 4574  section shall be conducted in Tallahassee. A hearing shall be
 4575  held in the county in which the violation, omission, failure, or
 4576  refusal is alleged to have occurred, unless otherwise agreed to
 4577  by the firefighter employer and authorized by the division. All
 4578  penalties assessed and collected under this section shall be
 4579  deposited in the Insurance Regulatory Trust Fund.
 4580         Section 85. Section 633.812, Florida Statutes, is
 4581  transferred and renumbered as section 633.528, Florida Statutes,
 4582  and subsections (2) and (3) of that section are amended, to
 4583  read:
 4584         633.528 633.812 Division cooperation with Federal
 4585  Government; exemption from requirements for private firefighter
 4586  employers.—
 4587         (2) Except as provided in this section, A private
 4588  firefighter employer is not subject to the requirements set
 4589  forth in part IV and part V of the division if the private
 4590  firefighter employer meets the requirements of this part and:
 4591         (a) The private firefighter employer is subject to the
 4592  federal regulations in 29 C.F.R. ss. 1910 and 1926.
 4593         (b) The private firefighter employer has adopted and
 4594  implemented a written safety program that conforms to the
 4595  requirements of 29 C.F.R. ss. 1910 and 1926.
 4596         (c) A private firefighter employer with 20 or more full
 4597  time firefighter employees shall include provisions for a safety
 4598  committee in the safety program. The safety committee shall
 4599  include firefighter employee representation and shall meet at
 4600  least once each calendar quarter. The private firefighter
 4601  employer shall make adequate records of each meeting and
 4602  maintain the records subject to inspections under subsection
 4603  (3). The safety committee shall, if appropriate, make
 4604  recommendations regarding improvements to the safety program and
 4605  corrections of hazards affecting workplace safety.
 4606         (c)(d) The private firefighter employer provides the
 4607  division with a written statement that certifies compliance with
 4608  this subsection.
 4609         (3) The division may enter at any reasonable time any place
 4610  of private firefighter employment for the purpose of verifying
 4611  the accuracy of the written certification. If the division
 4612  determines that the private firefighter employer has not
 4613  complied with the requirements of subsection (2), the private
 4614  firefighter employer shall be subject to the rules of the
 4615  division until the private firefighter employer complies with
 4616  subsection (2), which must be verified by a reinspection by and
 4617  recertifies that fact to the division.
 4618         Section 86. Section 633.816, Florida Statutes, is
 4619  transferred, renumbered as section 633.532, Florida Statutes,
 4620  and amended to read:
 4621         633.532 633.816 Firefighter employee rights and
 4622  responsibilities.—
 4623         (1) Each firefighter employee of a firefighter employer
 4624  covered under this part ss. 633.801-633.821 shall comply with
 4625  rules adopted by the division and with reasonable workplace
 4626  safety and health standards, rules, policies, procedures, and
 4627  work practices established by the firefighter employer and the
 4628  workplace safety committee. A firefighter employee who knowingly
 4629  fails to comply with this subsection may be disciplined or
 4630  discharged by the firefighter employer.
 4631         (2) A firefighter employer may not discharge, threaten to
 4632  discharge, cause to be discharged, intimidate, coerce, otherwise
 4633  discipline, or in any manner discriminate against a firefighter
 4634  employee for any of the following reasons:
 4635         (a) The firefighter employee has testified or is about to
 4636  testify, on her or his own behalf or on behalf of others, in any
 4637  proceeding instituted under this part ss. 633.801-633.821;
 4638         (b) The firefighter employee has exercised any other right
 4639  given afforded under this part ss. 633.801-633.821; or
 4640         (c) The firefighter employee is engaged in activities
 4641  relating to the workplace safety committee.
 4642         (3) No Pay, a position, seniority, or any other benefit may
 4643  not be lost for exercising any right under, or for seeking
 4644  compliance with any requirement of, this part ss. 633.801
 4645  633.821.
 4646         Section 87. Section 633.818, Florida Statutes, is
 4647  transferred, renumbered as section 633.534, Florida Statutes,
 4648  and amended to read:
 4649         633.534 633.818 False, fictitious, or fraudulent acts,
 4650  statements, and representations prohibited; penalty; statute of
 4651  limitations to insurers.—
 4652         (1) A firefighter employer who knowingly and willfully
 4653  falsifies or conceals a material fact, who makes a false,
 4654  fictitious, or fraudulent statement or representation, or who
 4655  makes or uses any false document knowing the document to contain
 4656  any false, fictitious, or fraudulent entry or statement to an
 4657  insurer of workers’ compensation insurance under this part ss.
 4658  633.801-633.821 commits a misdemeanor of the second degree,
 4659  punishable as provided in s. 775.082 or s. 775.083.
 4660         (2) A person may not, in any matter within the jurisdiction
 4661  of the division, knowingly and willfully falsify or conceal a
 4662  material fact; make any false, fictitious, or fraudulent
 4663  statement or representation; or make or use any false document,
 4664  knowing the same to contain any false, fictitious, or fraudulent
 4665  statement or entry. A person who violates this section commits a
 4666  misdemeanor of the second degree, punishable as provided in s.
 4667  775.082 or s. 775.083. The statute of limitations for
 4668  prosecution of an act committed in violation of this section is
 4669  5 years after the date the act was committed or, if not
 4670  discovered within 30 days after the act was committed, 5 years
 4671  after the date the act was discovered.
 4672         Section 88. Section 633.814, Florida Statutes, is
 4673  transferred, renumbered as section 633.536, Florida Statutes,
 4674  and amended to read:
 4675         633.536 633.814 Expenses of administration.—The amounts
 4676  that are needed to administer this part ss. 633.801-633.821
 4677  shall be disbursed from the Insurance Regulatory Trust Fund.
 4678         Section 89. Paragraph (b) of subsection (2) of section
 4679  112.011, Florida Statutes, is amended to read:
 4680         112.011 Disqualification from licensing and public
 4681  employment based on criminal conviction.—
 4682         (2)
 4683         (b) This section does not apply to the employment practices
 4684  of any fire department relating to the hiring of firefighters.
 4685  An applicant for employment with any fire department who has a
 4686  prior felony conviction shall be excluded from employment for a
 4687  period of 4 years after expiration of sentence or final release
 4688  by the Parole Commission unless the applicant, before the
 4689  expiration of the 4-year period, has received a full pardon or
 4690  has had his or her civil rights restored.
 4691         Section 90. Paragraph (i) of subsection (2) of section
 4692  112.191, Florida Statutes, is amended, and paragraphs (a), (b),
 4693  and (c) of subsection (2) of that section are reenacted, to
 4694  read:
 4695         112.191 Firefighters; death benefits.—
 4696         (2)(a) The sum of $50,000, as adjusted pursuant to
 4697  paragraph (i), shall be paid as provided in this section when a
 4698  firefighter, while engaged in the performance of his or her
 4699  firefighter duties, is accidentally killed or receives
 4700  accidental bodily injury which subsequently results in the loss
 4701  of the firefighter’s life, provided that such killing is not the
 4702  result of suicide and that such bodily injury is not
 4703  intentionally self-inflicted. Notwithstanding any other
 4704  provision of law, in no case shall the amount payable under this
 4705  subsection be less than the actual amount stated therein.
 4706         (b) The sum of $50,000, as adjusted pursuant to paragraph
 4707  (i), shall be paid as provided in this section if a firefighter
 4708  is accidentally killed as specified in paragraph (a) and the
 4709  accidental death occurs as a result of the firefighter’s
 4710  response to what is reasonably believed to be an emergency
 4711  involving the protection of life or property or the
 4712  firefighter’s participation in a training exercise. This sum is
 4713  in addition to any sum provided in paragraph (a).
 4714  Notwithstanding any other provision of law, the amount payable
 4715  under this subsection may not be less than the actual amount
 4716  stated therein.
 4717         (c) If a firefighter, while engaged in the performance of
 4718  his or her firefighter duties, is unlawfully and intentionally
 4719  killed, is injured by an unlawful and intentional act of another
 4720  person and dies as a result of such injury, dies as a result of
 4721  a fire which has been determined to have been caused by an act
 4722  of arson, or subsequently dies as a result of injuries sustained
 4723  therefrom, the sum of $150,000, as adjusted pursuant to
 4724  paragraph (i), shall be paid as provided in this section.
 4725  Notwithstanding any other provision of law, the amount payable
 4726  under this subsection may not be less than the actual amount
 4727  stated therein.
 4728         (i) Any payments made pursuant to paragraph (a), paragraph
 4729  (b), or paragraph (c) shall consist of the statutory amount
 4730  adjusted to show reflect price level changes in the Consumer
 4731  Price Index for All Urban Consumers published by the United
 4732  States Department of Labor since July 1, 2002 the effective date
 4733  of the act. The Division of State Fire Marshal, using the most
 4734  recent month for which Consumer Price Index data is available,
 4735  shall on June 15 of each year calculate and publish on the
 4736  division’s internet website the amount resulting from the
 4737  adjustments to by rule adjust the statutory amounts amount based
 4738  on the Consumer Price Index for All Urban Consumers published by
 4739  the United States Department of Labor. The adjusted statutory
 4740  amounts Adjustment shall be effective on made July 1 of each
 4741  year using the most recent month for which data are available at
 4742  the time of the adjustment.
 4743         Section 91. Subsection (4) of section 120.541, Florida
 4744  Statutes, is amended to read:
 4745         120.541 Statement of estimated regulatory costs.—
 4746         (4) Subsection (3) This section does not apply to the
 4747  adoption of:
 4748         (a)emergency rules pursuant to s. 120.54(4) or the
 4749  adoption of Federal standards pursuant to s. 120.54(6).
 4750         (b) Triennial updates of and amendments to the Florida
 4751  Building Code which are expressly authorized by s. 553.73.
 4752         (c) Triennial updates of and amendments to the Florida Fire
 4753  Prevention Code which are expressly authorized by s. 633.202.
 4754         Section 92. Subsection (4) of section 196.081, Florida
 4755  Statutes, is amended, and a new subsection (6) is added to that
 4756  section, to read:
 4757         196.081 Exemption for certain permanently and totally
 4758  disabled veterans and for surviving spouses of veterans;
 4759  exemption for surviving spouses of first responders who die in
 4760  the line of duty.—
 4761         (4)(a) Any real estate that is owned and used as a
 4762  homestead by the surviving spouse of a veteran who died from
 4763  service-connected causes while on active duty as a member of the
 4764  United States Armed Forces and for whom a letter from the United
 4765  States Government or United States Department of Veterans
 4766  Affairs or its predecessor has been issued certifying that the
 4767  veteran who died from service-connected causes while on active
 4768  duty is exempt from taxation if the veteran was a permanent
 4769  resident of this state on January 1 of the year in which the
 4770  veteran died.
 4771         (a)(b) The production of the letter by the surviving spouse
 4772  which of a letter that was issued as required under paragraph
 4773  (a) and that attests to the veteran’s death while on active duty
 4774  is prima facie evidence of the fact that the surviving spouse is
 4775  entitled to the an exemption under paragraph (a).
 4776         (b)(c) The tax exemption that applies under paragraph (a)
 4777  to the surviving spouse carries over to the benefit of the
 4778  veteran’s surviving spouse as long as the spouse holds the legal
 4779  or beneficial title to the homestead, permanently resides
 4780  thereon as specified in s. 196.031, and does not remarry. If the
 4781  surviving spouse sells the property, an exemption not to exceed
 4782  the amount granted under from the most recent ad valorem tax
 4783  roll may be transferred to his or her new residence as long as
 4784  it is used as his or her primary residence and he or she does
 4785  not remarry.
 4786         (6) Any real estate that is owned and used as a homestead
 4787  by the surviving spouse of a first responder who died in the
 4788  line of duty while employed by the state or any political
 4789  subdivision of the state, including authorities and special
 4790  districts, and for whom a letter from the state or appropriate
 4791  political subdivision of the state, or other authority or
 4792  special district, has been issued which legally recognizes and
 4793  certifies that the first responder died in the line of duty
 4794  while employed as a first responder is exempt from taxation if
 4795  the first responder and her or his surviving spouse were
 4796  permanent residents of this state on January 1 of the year in
 4797  which the first responder died.
 4798         (a) The production of the letter by the surviving spouse
 4799  which attests to the first responder’s death in the line of duty
 4800  is prima facie evidence that the surviving spouse is entitled to
 4801  the exemption.
 4802         (b) The tax exemption applies as long as the surviving
 4803  spouse holds the legal or beneficial title to the homestead,
 4804  permanently resides thereon as specified in s. 196.031, and does
 4805  not remarry. If the surviving spouse sells the property, an
 4806  exemption not to exceed the amount granted under the most recent
 4807  ad valorem tax roll may be transferred to her or his new
 4808  residence if it is used as her or his primary residence and he
 4809  or she does not remarry.
 4810         (c) As used in this subsection only, and not applicable to
 4811  the payment of benefits under s. 112.19 or s. 112.191, the term:
 4812         1. “First responder” means a law enforcement officer or
 4813  correctional officer as defined in s. 943.10, a firefighter as
 4814  defined in s. 633.102, or an emergency medical technician or
 4815  paramedic as defined in s. 401.23 who is a full-time paid
 4816  employee, part-time paid employee, or unpaid volunteer.
 4817         2. “In the line of duty” means:
 4818         a. While engaging in law enforcement;
 4819         b. While performing an activity relating to fire
 4820  suppression and prevention;
 4821         c. While responding to a hazardous material emergency;
 4822         d. While performing rescue activity;
 4823         e. While providing emergency medical services;
 4824         f. While performing disaster relief activity;
 4825         g. While otherwise engaging in emergency response activity;
 4826  or
 4827         h. While engaging in a training exercise related to any of
 4828  the events or activities enumerated in this subparagraph if the
 4829  training has been authorized by the employing entity.
 4830  
 4831  A heart attack or stroke that causes death or causes an injury
 4832  resulting in death must occur within 24 hours after an event or
 4833  activity enumerated in this subparagraph and must be directly
 4834  and proximately caused by the event or activity in order to be
 4835  considered as having occurred in the line of duty.
 4836         Section 93. Section 554.103, Florida Statutes, is amended
 4837  to read:
 4838         554.103 Boiler code.—The department shall adopt by rule a
 4839  State Boiler Code for the safe construction, installation,
 4840  inspection, maintenance, and repair of boilers in this state.
 4841  The rules adopted shall be based upon and shall at all times
 4842  follow generally accepted nationwide engineering standards,
 4843  formulas, and practices pertaining to boiler construction and
 4844  safety.
 4845         (1) New boilers installed or imported into this state shall
 4846  be constructed to the most current mandatory boiler code, The
 4847  department shall adopt an existing code for new construction and
 4848  installation known as the Boiler and Pressure Vessel Code of the
 4849  American Society of Mechanical Engineers, including all
 4850  amendments, code cases, and interpretations approved thereto by
 4851  the Council on Codes and Standards of A.S.M.E. The department
 4852  may adopt amendments and interpretations to the A.S.M.E. Boiler
 4853  and Pressure Vessel Code approved by the A.S.M.E. Council on
 4854  Codes and Standards subsequent to the adoption of the State
 4855  Boiler Code, and when so adopted, such amendments and
 4856  interpretations shall become a part of the State Boiler Code.
 4857         (2) The installer owner of any boiler placed in use in this
 4858  state after July 1, 2012 October 1, 1987, shall submit the
 4859  A.S.M.E. manufacturer’s data report on such boiler to the chief
 4860  inspector before the boiler being placed into operation not more
 4861  than 90 days following the inservice date of the boiler.
 4862         (3) The maximum allowable working pressure of a boiler
 4863  carrying the A.S.M.E. code symbol shall be determined by the
 4864  applicable sections of the code under which it was constructed
 4865  and stamped. Subject to the concurrence of the chief inspector,
 4866  such boiler may be rerated in accordance with the standards of
 4867  the State Boiler Code.
 4868         (4) The maximum allowable working pressure of a boiler
 4869  which does not carry the A.S.M.E. code symbol must shall be
 4870  computed in accordance with the standards of the State Boiler
 4871  Code.
 4872         (5) Sections Nothing in ss. 554.1011-554.115 may not shall
 4873  be construed to in any way prevent the use, sale, or
 4874  reinstallation of a boiler if such boiler has been made to
 4875  conform to the applicable provisions of the State Boiler Code
 4876  governing existing installations and if, upon inspection, the
 4877  boiler has been found to be in a safe condition.
 4878         Section 94. Section 633.167, Florida Statutes, is amended
 4879  to read:
 4880         633.167 Probation.—
 4881         (1) If the State Fire Marshal finds that one or more
 4882  grounds exist for the suspension, revocation, or refusal to
 4883  issue, renew, or continue any license, certification, or permit
 4884  issued under this chapter, the State Fire Marshal may, in her or
 4885  his discretion, except when an administrative fine is not
 4886  permissible under this chapter or when the suspension,
 4887  revocation, or refusal is mandatory, in lieu of suspension,
 4888  revocation, or refusal to issue, renew, or continue or, in
 4889  connection with any administrative fine imposed, place the
 4890  offending licensee, certificateholder, or permittee on probation
 4891  for a period not to exceed 2 years, as specified by the State
 4892  Fire Marshal in her or his order.
 4893         (2) As a condition to probation or in connection therewith,
 4894  the State Fire Marshal may specify in her or his order
 4895  reasonable terms and conditions to be fulfilled by the
 4896  probationer during the probation period. If during the probation
 4897  period the State Fire Marshal has good cause to believe that the
 4898  probationer has violated any of the terms and conditions, she or
 4899  he shall suspend, revoke, or refuse to issue, renew, or continue
 4900  the license, certificate, or permit of the probationer, as upon
 4901  the original ground or grounds referred to in subsection (1).
 4902         Section 95. Section 633.517, Florida Statutes, is amended
 4903  to read:
 4904         633.517 Authority of State Fire Marshal to adopt rules,
 4905  administer oaths, and take testimony.—
 4906         (1) The State Fire Marshal may is authorized, with the
 4907  advice of the board, to adopt rules pursuant to ss. 120.536(1)
 4908  and 120.54 to implement the provisions of this act.
 4909         (2) The State Fire Marshal or her or his duly appointed
 4910  hearing officer may administer oaths and take testimony about
 4911  all matters within the jurisdiction of this act. Chapter 120
 4912  governs hearings conducted by or on behalf of the State Fire
 4913  Marshal.
 4914         Section 96. Section 791.012, Florida Statutes, is amended
 4915  to read:
 4916         791.012 Minimum fireworks safety standards.—The outdoor
 4917  display of fireworks in this state shall be governed by the
 4918  National Fire Protection Association (NFPA) 1123, Code for
 4919  Fireworks Display, as adopted in the Florida Fire Prevention
 4920  Code 1995 Edition, approved by the American National Standards
 4921  Institute. A Any state, county, or municipal law, rule, or
 4922  ordinance may provide for more stringent rules regulations for
 4923  the outdoor display of fireworks, but in no event may any such
 4924  law, rule, or ordinance may not provide for less stringent rules
 4925  regulations for the outdoor display of fireworks. The division
 4926  shall adopt promulgate rules to carry out the provisions of this
 4927  section. The Code for Fireworks Display shall not govern the
 4928  display of any fireworks on private, residential property and
 4929  shall not govern the display of those items included under s.
 4930  791.01(4)(b) and (c) and authorized for sale thereunder.
 4931         Section 97. Subsection (1) and paragraph (a) of subsection
 4932  (3) of section 791.015, Florida Statutes, are amended to read:
 4933         791.015 Registration of manufacturers, distributors,
 4934  wholesalers, and retailers of sparklers.—
 4935         (1) REGISTRATION REQUIREMENTS.—A Any manufacturer,
 4936  distributor, wholesaler, retailer, or seasonal retailer of
 4937  sparklers who wishes to do business in this state or to
 4938  otherwise sell, ship, or assign for sale its products in this
 4939  state must register annually with the division on forms
 4940  prescribed by the division. A Any retailer or seasonal retailer
 4941  who sells sparklers at more than one retail location may submit
 4942  one registration form for all such locations but must provide
 4943  the address of each location with the registration form;
 4944  however, any retailer or seasonal retailer may submit multiple
 4945  registration forms.
 4946         (3) FEES.—
 4947         (a) Each manufacturer, distributor, or wholesaler must pay
 4948  an annual registration fee to be set by the division not to
 4949  exceed $1,000. Each seasonal retailer must pay an annual
 4950  registration fee to be set by the division not to exceed $200
 4951  per each retail location registered. Each retailer shall pay an
 4952  annual registration fee to be set by the division not to exceed
 4953  $15 for each retail location registered. Each certificateholder
 4954  wishing to have a duplicate certificate issued for one which is
 4955  lost or to show reflect a change of address shall request such
 4956  duplicate in writing and shall pay a fee of $5.
 4957         Section 98. Section 633.024, Florida Statutes, is repealed.
 4958         Section 99. Section 633.0245, Florida Statutes, is
 4959  repealed.
 4960         Section 100. Section 633.03, Florida Statutes, is repealed.
 4961         Section 101. Section 633.0421, Florida Statutes, is
 4962  repealed.
 4963         Section 102. Section 633.13, Florida Statutes, is repealed.
 4964         Section 103. Section 633.18, Florida Statutes, is repealed.
 4965         Section 104. Section 633.30, Florida Statutes, is repealed.
 4966         Section 105. Section 633.32, Florida Statutes, is repealed.
 4967         Section 106. Section 633.33, Florida Statutes, is repealed.
 4968         Section 107. Section 633.37, Florida Statutes, is repealed.
 4969         Section 108. Section 633.445, Florida Statutes, is
 4970  repealed.
 4971         Section 109. Section 633.46, Florida Statutes, is repealed.
 4972         Section 110. Section 633.514, Florida Statutes, is
 4973  repealed.
 4974         Section 111. Section 633.524, Florida Statutes, is
 4975  repealed.
 4976         Section 112. Section 633.804, Florida Statutes, is
 4977  repealed.
 4978         Section 113. Section 633.808, Florida Statutes, is
 4979  repealed.
 4980         Section 114. Section 633.810, Florida Statutes, is
 4981  repealed.
 4982         Section 115. Section 633.813, Florida Statutes, is
 4983  repealed.
 4984         Section 116. Section 633.815, Florida Statutes, is
 4985  repealed.
 4986         Section 117. Section 633.819, Florida Statutes, is
 4987  repealed.
 4988         Section 118. Section 633.820, Florida Statutes, is
 4989  repealed.
 4990         Section 119. Subsection (1) of section 112.1815, Florida
 4991  Statutes, is amended to read:
 4992         112.1815 Firefighters, paramedics, emergency medical
 4993  technicians, and law enforcement officers; special provisions
 4994  for employment-related accidents and injuries.—
 4995         (1) The term “first responder” as used in this section
 4996  means a law enforcement officer as defined in s. 943.10, a
 4997  firefighter as defined in s. 633.102 633.30, or an emergency
 4998  medical technician or paramedic as defined in s. 401.23 employed
 4999  by state or local government. A volunteer law enforcement
 5000  officer, firefighter, or emergency medical technician or
 5001  paramedic engaged by the state or a local government is also
 5002  considered a first responder of the state or local government
 5003  for purposes of this section.
 5004         Section 120. Paragraph (b) of subsection (1) of section
 5005  112.191, Florida Statutes, is amended to read:
 5006         112.191 Firefighters; death benefits.—
 5007         (1) Whenever used in this act:
 5008         (b) The term “firefighter” means any full-time duly
 5009  employed uniformed firefighter employed by an employer, whose
 5010  primary duty is the prevention and extinguishing of fires, the
 5011  protection of life and property therefrom, the enforcement of
 5012  municipal, county, and state fire prevention codes, as well as
 5013  the enforcement of any law pertaining to the prevention and
 5014  control of fires, who is certified pursuant to s. 633.408
 5015  633.35, and who is a member of a duly constituted fire
 5016  department of such employer or who is a volunteer firefighter.
 5017         Section 121. Subsection (1) of section 112.81, Florida
 5018  Statutes, is amended to read:
 5019         112.81 Definitions.—As used in this part:
 5020         (1) “Firefighter” means a any person who is certified in
 5021  compliance with s. 633.408 633.35 and who is employed solely
 5022  within the fire department or public safety department of an
 5023  employing agency as a full-time firefighter whose primary
 5024  responsibility is the prevention and extinguishment of fires;
 5025  the protection of life and property; and the enforcement of
 5026  municipal, county, and state fire prevention codes and laws
 5027  pertaining to the prevention and control of fires.
 5028         Section 122. Paragraph (d) of subsection (4) of section
 5029  119.071, Florida Statutes, is amended to read:
 5030         119.071 General exemptions from inspection or copying of
 5031  public records.—
 5032         (4) AGENCY PERSONNEL INFORMATION.—
 5033         (d)1. For purposes of this paragraph, the term “telephone
 5034  numbers” includes home telephone numbers, personal cellular
 5035  telephone numbers, personal pager telephone numbers, and
 5036  telephone numbers associated with personal communications
 5037  devices.
 5038         2.a. The home addresses, telephone numbers, social security
 5039  numbers, dates of birth, and photographs of active or former
 5040  sworn or civilian law enforcement personnel, including
 5041  correctional and correctional probation officers, personnel of
 5042  the Department of Children and Family Services whose duties
 5043  include the investigation of abuse, neglect, exploitation,
 5044  fraud, theft, or other criminal activities, personnel of the
 5045  Department of Health whose duties are to support the
 5046  investigation of child abuse or neglect, and personnel of the
 5047  Department of Revenue or local governments whose
 5048  responsibilities include revenue collection and enforcement or
 5049  child support enforcement; the home addresses, telephone
 5050  numbers, social security numbers, photographs, dates of birth,
 5051  and places of employment of the spouses and children of such
 5052  personnel; and the names and locations of schools and day care
 5053  facilities attended by the children of such personnel are exempt
 5054  from s. 119.07(1).
 5055         b. The home addresses, telephone numbers, dates of birth,
 5056  and photographs of firefighters certified in compliance with s.
 5057  633.408 633.35; the home addresses, telephone numbers,
 5058  photographs, dates of birth, and places of employment of the
 5059  spouses and children of such firefighters; and the names and
 5060  locations of schools and day care facilities attended by the
 5061  children of such firefighters are exempt from s. 119.07(1).
 5062         c. The home addresses, dates of birth, and telephone
 5063  numbers of current or former justices of the Supreme Court,
 5064  district court of appeal judges, circuit court judges, and
 5065  county court judges; the home addresses, telephone numbers,
 5066  dates of birth, and places of employment of the spouses and
 5067  children of current or former justices and judges; and the names
 5068  and locations of schools and day care facilities attended by the
 5069  children of current or former justices and judges are exempt
 5070  from s. 119.07(1).
 5071         d. The home addresses, telephone numbers, social security
 5072  numbers, dates of birth, and photographs of current or former
 5073  state attorneys, assistant state attorneys, statewide
 5074  prosecutors, or assistant statewide prosecutors; the home
 5075  addresses, telephone numbers, social security numbers,
 5076  photographs, dates of birth, and places of employment of the
 5077  spouses and children of current or former state attorneys,
 5078  assistant state attorneys, statewide prosecutors, or assistant
 5079  statewide prosecutors; and the names and locations of schools
 5080  and day care facilities attended by the children of current or
 5081  former state attorneys, assistant state attorneys, statewide
 5082  prosecutors, or assistant statewide prosecutors are exempt from
 5083  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 5084         e. The home addresses, dates of birth, and telephone
 5085  numbers of general magistrates, special magistrates, judges of
 5086  compensation claims, administrative law judges of the Division
 5087  of Administrative Hearings, and child support enforcement
 5088  hearing officers; the home addresses, telephone numbers, dates
 5089  of birth, and places of employment of the spouses and children
 5090  of general magistrates, special magistrates, judges of
 5091  compensation claims, administrative law judges of the Division
 5092  of Administrative Hearings, and child support enforcement
 5093  hearing officers; and the names and locations of schools and day
 5094  care facilities attended by the children of general magistrates,
 5095  special magistrates, judges of compensation claims,
 5096  administrative law judges of the Division of Administrative
 5097  Hearings, and child support enforcement hearing officers are
 5098  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5099  Constitution if the general magistrate, special magistrate,
 5100  judge of compensation claims, administrative law judge of the
 5101  Division of Administrative Hearings, or child support hearing
 5102  officer provides a written statement that the general
 5103  magistrate, special magistrate, judge of compensation claims,
 5104  administrative law judge of the Division of Administrative
 5105  Hearings, or child support hearing officer has made reasonable
 5106  efforts to protect such information from being accessible
 5107  through other means available to the public.
 5108         f. The home addresses, telephone numbers, dates of birth,
 5109  and photographs of current or former human resource, labor
 5110  relations, or employee relations directors, assistant directors,
 5111  managers, or assistant managers of any local government agency
 5112  or water management district whose duties include hiring and
 5113  firing employees, labor contract negotiation, administration, or
 5114  other personnel-related duties; the names, home addresses,
 5115  telephone numbers, dates of birth, and places of employment of
 5116  the spouses and children of such personnel; and the names and
 5117  locations of schools and day care facilities attended by the
 5118  children of such personnel are exempt from s. 119.07(1) and s.
 5119  24(a), Art. I of the State Constitution.
 5120         g. The home addresses, telephone numbers, dates of birth,
 5121  and photographs of current or former code enforcement officers;
 5122  the names, home addresses, telephone numbers, dates of birth,
 5123  and places of employment of the spouses and children of such
 5124  personnel; and the names and locations of schools and day care
 5125  facilities attended by the children of such personnel are exempt
 5126  from s. 119.07(1) and s. 24(a), Art. I of the State
 5127  Constitution.
 5128         h. The home addresses, telephone numbers, places of
 5129  employment, dates of birth, and photographs of current or former
 5130  guardians ad litem, as defined in s. 39.820; the names, home
 5131  addresses, telephone numbers, dates of birth, and places of
 5132  employment of the spouses and children of such persons; and the
 5133  names and locations of schools and day care facilities attended
 5134  by the children of such persons are exempt from s. 119.07(1) and
 5135  s. 24(a), Art. I of the State Constitution, if the guardian ad
 5136  litem provides a written statement that the guardian ad litem
 5137  has made reasonable efforts to protect such information from
 5138  being accessible through other means available to the public.
 5139         i. The home addresses, telephone numbers, dates of birth,
 5140  and photographs of current or former juvenile probation
 5141  officers, juvenile probation supervisors, detention
 5142  superintendents, assistant detention superintendents, juvenile
 5143  justice detention officers I and II, juvenile justice detention
 5144  officer supervisors, juvenile justice residential officers,
 5145  juvenile justice residential officer supervisors I and II,
 5146  juvenile justice counselors, juvenile justice counselor
 5147  supervisors, human services counselor administrators, senior
 5148  human services counselor administrators, rehabilitation
 5149  therapists, and social services counselors of the Department of
 5150  Juvenile Justice; the names, home addresses, telephone numbers,
 5151  dates of birth, and places of employment of spouses and children
 5152  of such personnel; and the names and locations of schools and
 5153  day care facilities attended by the children of such personnel
 5154  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5155  Constitution.
 5156         j. The home addresses, telephone numbers, dates of birth,
 5157  and photographs of current or former public defenders, assistant
 5158  public defenders, criminal conflict and civil regional counsel,
 5159  and assistant criminal conflict and civil regional counsel; the
 5160  home addresses, telephone numbers, dates of birth, and places of
 5161  employment of the spouses and children of such defenders or
 5162  counsel; and the names and locations of schools and day care
 5163  facilities attended by the children of such defenders or counsel
 5164  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5165  Constitution.
 5166         k. The home addresses, telephone numbers, and photographs
 5167  of current or former investigators or inspectors of the
 5168  Department of Business and Professional Regulation; the names,
 5169  home addresses, telephone numbers, and places of employment of
 5170  the spouses and children of such current or former investigators
 5171  and inspectors; and the names and locations of schools and day
 5172  care facilities attended by the children of such current or
 5173  former investigators and inspectors are exempt from s. 119.07(1)
 5174  and s. 24(a), Art. I of the State Constitution if the
 5175  investigator or inspector has made reasonable efforts to protect
 5176  such information from being accessible through other means
 5177  available to the public. This sub-subparagraph is subject to the
 5178  Open Government Sunset Review Act in accordance with s. 119.15
 5179  and shall stand repealed on October 2, 2017, unless reviewed and
 5180  saved from repeal through reenactment by the Legislature.
 5181         l. The home addresses and telephone numbers of county tax
 5182  collectors; the names, home addresses, telephone numbers, and
 5183  places of employment of the spouses and children of such tax
 5184  collectors; and the names and locations of schools and day care
 5185  facilities attended by the children of such tax collectors are
 5186  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5187  Constitution if the county tax collector has made reasonable
 5188  efforts to protect such information from being accessible
 5189  through other means available to the public. This sub
 5190  subparagraph is subject to the Open Government Sunset Review Act
 5191  in accordance with s. 119.15 and shall stand repealed on October
 5192  2, 2017, unless reviewed and saved from repeal through
 5193  reenactment by the Legislature.
 5194         3. An agency that is the custodian of the information
 5195  specified in subparagraph 2. and that is not the employer of the
 5196  officer, employee, justice, judge, or other person specified in
 5197  subparagraph 2. shall maintain the exempt status of that
 5198  information only if the officer, employee, justice, judge, other
 5199  person, or employing agency of the designated employee submits a
 5200  written request for maintenance of the exemption to the
 5201  custodial agency.
 5202         4. The exemptions in this paragraph apply to information
 5203  held by an agency before, on, or after the effective date of the
 5204  exemption.
 5205         5. This paragraph is subject to the Open Government Sunset
 5206  Review Act in accordance with s. 119.15, and shall stand
 5207  repealed on October 2, 2017, unless reviewed and saved from
 5208  repeal through reenactment by the Legislature.
 5209         Section 123. Subsection (17) of section 120.80, Florida
 5210  Statutes, is amended to read:
 5211         120.80 Exceptions and special requirements; agencies.—
 5212         (17) STATE FIRE MARSHAL.—Section 120.541(3) does not apply
 5213  to the adoption of amendments and the triennial update to the
 5214  Florida Fire Prevention Code expressly authorized by s. 633.202
 5215  633.0215.
 5216         Section 124. Subsection (3) and paragraph (a) of subsection
 5217  (6) of section 121.0515, Florida Statutes, are amended to read:
 5218         121.0515 Special Risk Class.—
 5219         (3) CRITERIA.—A member, to be designated as a special risk
 5220  member, must meet the following criteria:
 5221         (a) Effective October 1, 1978, the member must be employed
 5222  as a law enforcement officer and be certified, or required to be
 5223  certified, in compliance with s. 943.1395; however, sheriffs and
 5224  elected police chiefs are excluded from meeting the
 5225  certification requirements of this paragraph. In addition, the
 5226  member’s duties and responsibilities must include the pursuit,
 5227  apprehension, and arrest of law violators or suspected law
 5228  violators; or as of July 1, 1982, the member must be an active
 5229  member of a bomb disposal unit whose primary responsibility is
 5230  the location, handling, and disposal of explosive devices; or
 5231  the member must be the supervisor or command officer of a member
 5232  or members who have such responsibilities. Administrative
 5233  support personnel, including, but not limited to, those whose
 5234  primary duties and responsibilities are in accounting,
 5235  purchasing, legal, and personnel, are not included;
 5236         (b) Effective October 1, 1978, the member must be employed
 5237  as a firefighter and be certified, or required to be certified,
 5238  in compliance with s. 633.408 633.35 and be employed solely
 5239  within the fire department of a local government employer or an
 5240  agency of state government with firefighting responsibilities.
 5241  In addition, the member’s duties and responsibilities must
 5242  include on-the-scene fighting of fires; as of October 1, 2001,
 5243  fire prevention or firefighter training; as of October 1, 2001,
 5244  direct supervision of firefighting units, fire prevention, or
 5245  firefighter training; or as of July 1, 2001, aerial firefighting
 5246  surveillance performed by fixed-wing aircraft pilots employed by
 5247  the Florida Forest Service of the Department of Agriculture and
 5248  Consumer Services; or the member must be the supervisor or
 5249  command officer of a member or members who have such
 5250  responsibilities. Administrative support personnel, including,
 5251  but not limited to, those whose primary duties and
 5252  responsibilities are in accounting, purchasing, legal, and
 5253  personnel, are not included. All periods of creditable service
 5254  in fire prevention or firefighter training, or as the supervisor
 5255  or command officer of a member or members who have such
 5256  responsibilities, and for which the employer paid the special
 5257  risk contribution rate, are included;
 5258         (c) Effective October 1, 1978, the member must be employed
 5259  as a correctional officer and be certified, or required to be
 5260  certified, in compliance with s. 943.1395. In addition, the
 5261  member’s primary duties and responsibilities must be the
 5262  custody, and physical restraint when necessary, of prisoners or
 5263  inmates within a prison, jail, or other criminal detention
 5264  facility, or while on work detail outside the facility, or while
 5265  being transported; or as of July 1, 1984, the member must be the
 5266  supervisor or command officer of a member or members who have
 5267  such responsibilities. Administrative support personnel,
 5268  including, but not limited to, those whose primary duties and
 5269  responsibilities are in accounting, purchasing, legal, and
 5270  personnel, are not included; however, wardens and assistant
 5271  wardens, as defined by rule, are included;
 5272         (d) Effective October 1, 1999, the member must be employed
 5273  by a licensed Advance Life Support (ALS) or Basic Life Support
 5274  (BLS) employer as an emergency medical technician or a paramedic
 5275  and be certified in compliance with s. 401.27. In addition, the
 5276  member’s primary duties and responsibilities must include on
 5277  the-scene emergency medical care or as of October 1, 2001,
 5278  direct supervision of emergency medical technicians or
 5279  paramedics, or the member must be the supervisor or command
 5280  officer of one or more members who have such responsibility.
 5281  Administrative support personnel, including, but not limited to,
 5282  those whose primary responsibilities are in accounting,
 5283  purchasing, legal, and personnel, are not included;
 5284         (e) Effective January 1, 2001, the member must be employed
 5285  as a community-based correctional probation officer and be
 5286  certified, or required to be certified, in compliance with s.
 5287  943.1395. In addition, the member’s primary duties and
 5288  responsibilities must be the supervised custody, surveillance,
 5289  control, investigation, and counseling of assigned inmates,
 5290  probationers, parolees, or community controllees within the
 5291  community; or the member must be the supervisor of a member or
 5292  members who have such responsibilities. Administrative support
 5293  personnel, including, but not limited to, those whose primary
 5294  duties and responsibilities are in accounting, purchasing, legal
 5295  services, and personnel management, are not included; however,
 5296  probation and parole circuit and deputy circuit administrators
 5297  are included;
 5298         (f) Effective January 1, 2001, the member must be employed
 5299  in one of the following classes and must spend at least 75
 5300  percent of his or her time performing duties which involve
 5301  contact with patients or inmates in a correctional or forensic
 5302  facility or institution:
 5303         1. Dietitian (class codes 5203 and 5204);
 5304         2. Public health nutrition consultant (class code 5224);
 5305         3. Psychological specialist (class codes 5230 and 5231);
 5306         4. Psychologist (class code 5234);
 5307         5. Senior psychologist (class codes 5237 and 5238);
 5308         6. Regional mental health consultant (class code 5240);
 5309         7. Psychological Services Director—DCF (class code 5242);
 5310         8. Pharmacist (class codes 5245 and 5246);
 5311         9. Senior pharmacist (class codes 5248 and 5249);
 5312         10. Dentist (class code 5266);
 5313         11. Senior dentist (class code 5269);
 5314         12. Registered nurse (class codes 5290 and 5291);
 5315         13. Senior registered nurse (class codes 5292 and 5293);
 5316         14. Registered nurse specialist (class codes 5294 and
 5317  5295);
 5318         15. Clinical associate (class codes 5298 and 5299);
 5319         16. Advanced registered nurse practitioner (class codes
 5320  5297 and 5300);
 5321         17. Advanced registered nurse practitioner specialist
 5322  (class codes 5304 and 5305);
 5323         18. Registered nurse supervisor (class codes 5306 and
 5324  5307);
 5325         19. Senior registered nurse supervisor (class codes 5308
 5326  and 5309);
 5327         20. Registered nursing consultant (class codes 5312 and
 5328  5313);
 5329         21. Quality management program supervisor (class code
 5330  5314);
 5331         22. Executive nursing director (class codes 5320 and 5321);
 5332         23. Speech and hearing therapist (class code 5406); or
 5333         24. Pharmacy manager (class code 5251);
 5334         (g) Effective July 1, 2001, the member must be employed as
 5335  a youth custody officer and be certified, or required to be
 5336  certified, in compliance with s. 943.1395. In addition, the
 5337  member’s primary duties and responsibilities must be the
 5338  supervised custody, surveillance, control, investigation,
 5339  apprehension, arrest, and counseling of assigned juveniles
 5340  within the community;
 5341         (h) Effective October 1, 2005, through June 30, 2008, the
 5342  member must be employed by a law enforcement agency or medical
 5343  examiner’s office in a forensic discipline recognized by the
 5344  International Association for Identification and must qualify
 5345  for active membership in the International Association for
 5346  Identification. The member’s primary duties and responsibilities
 5347  must include the collection, examination, preservation,
 5348  documentation, preparation, or analysis of physical evidence or
 5349  testimony, or both, or the member must be the direct supervisor,
 5350  quality management supervisor, or command officer of one or more
 5351  individuals with such responsibility. Administrative support
 5352  personnel, including, but not limited to, those whose primary
 5353  responsibilities are clerical or in accounting, purchasing,
 5354  legal, and personnel, are not included;
 5355         (i) Effective July 1, 2008, the member must be employed by
 5356  the Department of Law Enforcement in the crime laboratory or by
 5357  the Division of State Fire Marshal in the forensic laboratory in
 5358  one of the following classes:
 5359         1. Forensic technologist (class code 8459);
 5360         2. Crime laboratory technician (class code 8461);
 5361         3. Crime laboratory analyst (class code 8463);
 5362         4. Senior crime laboratory analyst (class code 8464);
 5363         5. Crime laboratory analyst supervisor (class code 8466);
 5364         6. Forensic chief (class code 9602); or
 5365         7. Forensic services quality manager (class code 9603);
 5366         (j) Effective July 1, 2008, the member must be employed by
 5367  a local government law enforcement agency or medical examiner’s
 5368  office and must spend at least 65 percent of his or her time
 5369  performing duties that involve the collection, examination,
 5370  preservation, documentation, preparation, or analysis of human
 5371  tissues or fluids or physical evidence having potential
 5372  biological, chemical, or radiological hazard or contamination,
 5373  or use chemicals, processes, or materials that may have
 5374  carcinogenic or health-damaging properties in the analysis of
 5375  such evidence, or the member must be the direct supervisor of
 5376  one or more individuals having such responsibility. If a special
 5377  risk member changes to another position within the same agency,
 5378  he or she must submit a complete application as provided in
 5379  paragraph (4)(a); or
 5380         (k) The member must have already qualified for and be
 5381  actively participating in special risk membership under
 5382  paragraph (a), paragraph (b), or paragraph (c), must have
 5383  suffered a qualifying injury as defined in this paragraph, must
 5384  not be receiving disability retirement benefits as provided in
 5385  s. 121.091(4), and must satisfy the requirements of this
 5386  paragraph.
 5387         1. The ability to qualify for the class of membership
 5388  defined in paragraph (2)(i) occurs when two licensed medical
 5389  physicians, one of whom is a primary treating physician of the
 5390  member, certify the existence of the physical injury and medical
 5391  condition that constitute a qualifying injury as defined in this
 5392  paragraph and that the member has reached maximum medical
 5393  improvement after August 1, 2008. The certifications from the
 5394  licensed medical physicians must include, at a minimum, that the
 5395  injury to the special risk member has resulted in a physical
 5396  loss, or loss of use, of at least two of the following: left
 5397  arm, right arm, left leg, or right leg; and:
 5398         a. That this physical loss or loss of use is total and
 5399  permanent, except if in the event that the loss of use is due to
 5400  a physical injury to the member’s brain, in which event the loss
 5401  of use is permanent with at least 75 percent loss of motor
 5402  function with respect to each arm or leg affected.
 5403         b. That this physical loss or loss of use renders the
 5404  member physically unable to perform the essential job functions
 5405  of his or her special risk position.
 5406         c. That, notwithstanding this physical loss or loss of use,
 5407  the individual can is able to perform the essential job
 5408  functions required by the member’s new position, as provided in
 5409  subparagraph 3.
 5410         d. That use of artificial limbs is either not possible or
 5411  does not alter the member’s ability to perform the essential job
 5412  functions of the member’s position.
 5413         e. That the physical loss or loss of use is a direct result
 5414  of a physical injury and not a result of any mental,
 5415  psychological, or emotional injury.
 5416         2. For the purposes of this paragraph, “qualifying injury”
 5417  means an injury sustained in the line of duty, as certified by
 5418  the member’s employing agency, by a special risk member that
 5419  does not result in total and permanent disability as defined in
 5420  s. 121.091(4)(b). An injury is a qualifying injury if the injury
 5421  is a physical injury to the member’s physical body resulting in
 5422  a physical loss, or loss of use, of at least two of the
 5423  following: left arm, right arm, left leg, or right leg.
 5424  Notwithstanding any other provision of this section, an injury
 5425  that would otherwise qualify as a qualifying injury is not
 5426  considered a qualifying injury if and when the member ceases
 5427  employment with the employer for whom he or she was providing
 5428  special risk services on the date the injury occurred.
 5429         3. The new position, as described in sub-subparagraph 1.c.,
 5430  that is required for qualification as a special risk member
 5431  under this paragraph is not required to be a position with
 5432  essential job functions that entitle an individual to special
 5433  risk membership. Whether a new position as described in sub
 5434  subparagraph 1.c. exists and is available to the special risk
 5435  member is a decision to be made solely by the employer in
 5436  accordance with its hiring practices and applicable law.
 5437         4. This paragraph does not grant or create additional
 5438  rights for any individual to continued employment or to be hired
 5439  or rehired by his or her employer that are not already provided
 5440  within the Florida Statutes, the State Constitution, the
 5441  Americans with Disabilities Act, if applicable, or any other
 5442  applicable state or federal law.
 5443         (6) CREDIT FOR PAST SERVICE.—A special risk member may
 5444  purchase retirement credit in the Special Risk Class based upon
 5445  past service, and may upgrade retirement credit for such past
 5446  service, to the extent of 2 percent of the member’s average
 5447  monthly compensation as specified in s. 121.091(1)(a) for such
 5448  service as follows:
 5449         (a) The member may purchase special risk credit for past
 5450  service with a municipality or special district which has
 5451  elected to join the Florida Retirement System, or with a
 5452  participating agency to which a member’s governmental unit was
 5453  transferred, merged, or consolidated as provided in s.
 5454  121.081(1)(f), if the member was employed with the municipality
 5455  or special district when at the time it commenced participating
 5456  in the Florida Retirement System or with the governmental unit
 5457  at the time of its transfer, merger, or consolidation with the
 5458  participating agency. The service must satisfy the criteria set
 5459  forth in subsection (3) for Special Risk Class membership as a
 5460  law enforcement officer, firefighter, or correctional officer;
 5461  however, a certificate or waiver of certificate of compliance
 5462  with s. 943.1395 or s. 633.408 633.35 is not required for such
 5463  service.
 5464         Section 125. Paragraph (d) of subsection (1) of section
 5465  125.01, Florida Statutes, is amended to read:
 5466         125.01 Powers and duties.—
 5467         (1) The legislative and governing body of a county shall
 5468  have the power to carry on county government. To the extent not
 5469  inconsistent with general or special law, this power includes,
 5470  but is not restricted to, the power to:
 5471         (d) Provide fire protection, including the enforcement of
 5472  the Florida Fire Prevention Code, as provided in ss. 633.206
 5473  633.022 and 633.208 633.025, and adopt and enforce local
 5474  technical amendments to the Florida Fire Prevention Code as
 5475  provided in those sections and pursuant to s. 633.202 633.0215.
 5476         Section 126. Subsection (2) of section 125.01045, Florida
 5477  Statutes, is amended to read:
 5478         125.01045 Prohibition of fees for first responder
 5479  services.—
 5480         (2) As used in this section, the term “first responder”
 5481  means a law enforcement officer as defined in s. 943.10, a
 5482  firefighter as defined in s. 633.102 633.30, or an emergency
 5483  medical technician or paramedic as defined in s. 401.23 who is
 5484  employed by the state or a local government. A volunteer law
 5485  enforcement officer, firefighter, or emergency medical
 5486  technician or paramedic engaged by the state or a local
 5487  government is also considered a first responder of the state or
 5488  local government for purposes of this section.
 5489         Section 127. Subsection (1) of section 125.56, Florida
 5490  Statutes, is amended to read:
 5491         125.56 Enforcement and amendment of the Florida Building
 5492  Code and the Florida Fire Prevention Code; inspection fees;
 5493  inspectors; etc.—
 5494         (1) The board of county commissioners of each of the
 5495  several counties of the state may is authorized to enforce the
 5496  Florida Building Code and the Florida Fire Prevention Code, as
 5497  provided in ss. 553.80, 633.206 633.022, and 633.208 633.025,
 5498  and, at its discretion, to adopt local technical amendments to
 5499  the Florida Building Code, pursuant to s. 553.73(4)(b) and (c)
 5500  and local technical amendments to the Florida Fire Prevention
 5501  Code, pursuant to s. 633.202 633.0215, to provide for the safe
 5502  construction, erection, alteration, repair, securing, and
 5503  demolition of any building within its territory outside the
 5504  corporate limits of any municipality. Upon a determination to
 5505  consider amending the Florida Building Code or the Florida Fire
 5506  Prevention Code by a majority of the members of the board of
 5507  county commissioners of such county, the board shall call a
 5508  public hearing and comply with the public notice requirements of
 5509  s. 125.66(2). The board shall hear all interested parties at the
 5510  public hearing and may then amend the building code or the fire
 5511  code consistent with the terms and purposes of this act. Upon
 5512  adoption, an amendment to the code shall be in full force and
 5513  effect throughout the unincorporated area of such county until
 5514  otherwise notified by the Florida Building Commission pursuant
 5515  to s. 553.73 or the State Fire Marshal pursuant to s. 633.202
 5516  633.0215. Nothing herein contained shall be construed to prevent
 5517  the board of county commissioners from repealing such amendment
 5518  to the building code or the fire code at any regular meeting of
 5519  such board.
 5520         Section 128. Subsection (2) of section 166.0446, Florida
 5521  Statutes, is amended to read:
 5522         166.0446 Prohibition of fees for first responder services.—
 5523         (2) As used in this section, the term “first responder”
 5524  means a law enforcement officer as defined in s. 943.10, a
 5525  firefighter as defined in s. 633.102 633.30, or an emergency
 5526  medical technician or paramedic as defined in s. 401.23 who is
 5527  employed by the state or a local government. A volunteer law
 5528  enforcement officer, firefighter, or emergency medical
 5529  technician or paramedic engaged by the state or a local
 5530  government is also considered a first responder of the state or
 5531  local government for purposes of this section.
 5532         Section 129. Paragraph (a) of subsection (8) of section
 5533  175.032, Florida Statutes, is amended to read:
 5534         175.032 Definitions.—For any municipality, special fire
 5535  control district, chapter plan, local law municipality, local
 5536  law special fire control district, or local law plan under this
 5537  chapter, the following words and phrases have the following
 5538  meanings:
 5539         (8)(a) “Firefighter” means a any person employed solely by
 5540  a constituted fire department of any municipality or special
 5541  fire control district who is certified as a firefighter as a
 5542  condition of employment in accordance with s. 633.408 633.35 and
 5543  whose duty it is to extinguish fires, to protect life, or to
 5544  protect property. The term includes all certified, supervisory,
 5545  and command personnel whose duties include, in whole or in part,
 5546  the supervision, training, guidance, and management
 5547  responsibilities of full-time firefighters, part-time
 5548  firefighters, or auxiliary firefighters but does not include
 5549  part-time firefighters or auxiliary firefighters. However, for
 5550  purposes of this chapter only, the term also includes public
 5551  safety officers who are responsible for performing both police
 5552  and fire services, who are certified as police officers or
 5553  firefighters, and who are certified by their employers to the
 5554  Chief Financial Officer as participating in this chapter before
 5555  October 1, 1979. Effective October 1, 1979, public safety
 5556  officers who have not been certified as participating in this
 5557  chapter are considered police officers for retirement purposes
 5558  and are eligible to participate in chapter 185. Any plan may
 5559  provide that the fire chief has an option to participate, or
 5560  not, in that plan.
 5561         Section 130. Subsection (3) of section 175.121, Florida
 5562  Statutes, is amended to read:
 5563         175.121 Department of Revenue and Division of Retirement to
 5564  keep accounts of deposits; disbursements.—For any municipality
 5565  or special fire control district having a chapter or local law
 5566  plan established pursuant to this chapter:
 5567         (3)(a) All moneys not distributed to municipalities and
 5568  special fire control districts under this section as a result of
 5569  the limitation on disbursement contained in s. 175.122, or as a
 5570  result of any municipality or special fire control district not
 5571  having qualified in any given year, or portion thereof, shall be
 5572  transferred to the Firefighters’ Supplemental Compensation Trust
 5573  Fund administered by the Department of Revenue, as provided in
 5574  s. 633.422 633.382.
 5575         (b)1. Moneys transferred under paragraph (a) but not needed
 5576  to support the supplemental compensation program in a given year
 5577  shall be redistributed pro rata to those participating
 5578  municipalities and special fire control districts that transfer
 5579  any portion of their funds to support the supplemental
 5580  compensation program in that year. Such additional moneys shall
 5581  be used to cover or offset costs of the retirement plan.
 5582         2. To assist the Department of Revenue, the division shall
 5583  identify those municipalities and special fire control districts
 5584  that are eligible for redistribution as provided in s.
 5585  633.422(3)(c)2. 633.382(4)(c)2., by listing the municipalities
 5586  and special fire control districts from which funds were
 5587  transferred under paragraph (a) and specifying the amount
 5588  transferred by each.
 5589         Section 131. Paragraph (e) of subsection (1) of section
 5590  218.23, Florida Statutes, is amended to read:
 5591         218.23 Revenue sharing with units of local government.—
 5592         (1) To be eligible to participate in revenue sharing beyond
 5593  the minimum entitlement in any fiscal year, a unit of local
 5594  government is required to have:
 5595         (e) Certified that persons in its employ as firefighters,
 5596  as defined in s. 633.102 633.30(1), meet the qualification for
 5597  employment as established by the Division of State Fire Marshal
 5598  pursuant to the provisions of ss. 633.412 633.34 and 633.408
 5599  633.35 and that the provisions of s. 633.422 has 633.382 have
 5600  been met.
 5601  
 5602  Additionally, to receive its share of revenue sharing funds, a
 5603  unit of local government shall certify to the Department of
 5604  Revenue that the requirements of s. 200.065, if applicable, were
 5605  met. The certification shall be made annually within 30 days of
 5606  adoption of an ordinance or resolution establishing a final
 5607  property tax levy or, if no property tax is levied, not later
 5608  than November 1. The portion of revenue sharing funds which,
 5609  pursuant to this part, would otherwise be distributed to a unit
 5610  of local government which has not certified compliance or has
 5611  otherwise failed to meet the requirements of s. 200.065 shall be
 5612  deposited in the General Revenue Fund for the 12 months
 5613  following a determination of noncompliance by the department.
 5614         Section 132. Paragraph (a) of subsection (3) of section
 5615  252.515, Florida Statutes, is amended to read:
 5616         252.515 Postdisaster Relief Assistance Act; immunity from
 5617  civil liability.—
 5618         (3) As used in this section, the term:
 5619         (a) “Emergency first responder” means:
 5620         1. A physician licensed under chapter 458.
 5621         2. An osteopathic physician licensed under chapter 459.
 5622         3. A chiropractic physician licensed under chapter 460.
 5623         4. A podiatric physician licensed under chapter 461.
 5624         5. A dentist licensed under chapter 466.
 5625         6. An advanced registered nurse practitioner certified
 5626  under s. 464.012.
 5627         7. A physician assistant licensed under s. 458.347 or s.
 5628  459.022.
 5629         8. A worker employed by a public or private hospital in the
 5630  state.
 5631         9. A paramedic as defined in s. 401.23(17).
 5632         10. An emergency medical technician as defined in s.
 5633  401.23(11).
 5634         11. A firefighter as defined in s. 633.102 633.30.
 5635         12. A law enforcement officer as defined in s. 943.10.
 5636         13. A member of the Florida National Guard.
 5637         14. Any other personnel designated as emergency personnel
 5638  by the Governor pursuant to a declared emergency.
 5639         Section 133. Section 255.45, Florida Statutes, is amended
 5640  to read:
 5641         255.45 Correction of firesafety violations in certain
 5642  state-owned property.—The Department of Management Services is
 5643  responsible for ensuring that firesafety violations that are
 5644  noted by the State Fire Marshal pursuant to s. 633.218 633.085
 5645  are corrected as soon as practicable for all state-owned
 5646  property which is leased from the Department of Management
 5647  Services.
 5648         Section 134. Subsection (4) of section 258.0145, Florida
 5649  Statutes, is amended to read:
 5650         258.0145 Military state park fee discounts.—The Division of
 5651  Recreation and Parks shall provide the following discounts on
 5652  park fees to persons who present written documentation
 5653  satisfactory to the division which evidences their eligibility
 5654  for the discounts:
 5655         (4) The surviving spouse and parents of a law enforcement
 5656  officer, as defined in s. 943.10(1), or a firefighter, as
 5657  defined in s. 633.102 633.30(1), who has died in the line of
 5658  duty shall receive lifetime family annual entrance passes at no
 5659  charge.
 5660         Section 135. Subsection (1) of section 281.02, Florida
 5661  Statutes, is amended to read:
 5662         281.02 Powers and duties of the Department of Management
 5663  Services with respect to firesafety and security.—The Department
 5664  of Management Services has the following powers and duties with
 5665  respect to firesafety and security:
 5666         (1) To assist the State Fire Marshal in maintaining the
 5667  firesafety of public buildings pursuant to s. 633.218 633.085.
 5668         Section 136. Subsection (1) of section 384.287, Florida
 5669  Statutes, is amended to read:
 5670         384.287 Screening for sexually transmissible disease.—
 5671         (1) An officer as defined in s. 943.10(14); support
 5672  personnel as defined in s. 943.10(11) who are employed by the
 5673  Department of Law Enforcement, including, but not limited to,
 5674  any crime scene analyst, forensic technologist, or crime lab
 5675  analyst; firefighter as defined in s. 633.102 633.30; or
 5676  ambulance driver, paramedic, or emergency medical technician as
 5677  defined in s. 401.23, acting within the scope of employment, who
 5678  comes into contact with a person in such a way that significant
 5679  exposure, as defined in s. 381.004, has occurred may request
 5680  that the person be screened for a sexually transmissible disease
 5681  that can be transmitted through a significant exposure.
 5682         Section 137. Paragraph (a) of subsection (1) of section
 5683  395.0163, Florida Statutes, is amended to read:
 5684         395.0163 Construction inspections; plan submission and
 5685  approval; fees.—
 5686         (1)(a) The design, construction, erection, alteration,
 5687  modification, repair, and demolition of all public and private
 5688  health care facilities are governed by the Florida Building Code
 5689  and the Florida Fire Prevention Code under ss. 553.73 and
 5690  633.206 633.022. In addition to the requirements of ss. 553.79
 5691  and 553.80, the agency shall review facility plans and survey
 5692  the construction of any facility licensed under this chapter.
 5693  The agency shall make, or cause to be made, such construction
 5694  inspections and investigations as it deems necessary. The agency
 5695  may prescribe by rule that any licensee or applicant desiring to
 5696  make specified types of alterations or additions to its
 5697  facilities or to construct new facilities shall, before
 5698  commencing such alteration, addition, or new construction,
 5699  submit plans and specifications therefor to the agency for
 5700  preliminary inspection and approval or recommendation with
 5701  respect to compliance with applicable provisions of the Florida
 5702  Building Code or agency rules and standards. The agency shall
 5703  approve or disapprove the plans and specifications within 60
 5704  days after receipt of the fee for review of plans as required in
 5705  subsection (2). The agency may be granted one 15-day extension
 5706  for the review period if the director of the agency approves the
 5707  extension. If the agency fails to act within the specified time,
 5708  it shall be deemed to have approved the plans and
 5709  specifications. When the agency disapproves plans and
 5710  specifications, it shall set forth in writing the reasons for
 5711  its disapproval. Conferences and consultations may be provided
 5712  as necessary.
 5713         Section 138. Section 400.232, Florida Statutes, is amended
 5714  to read:
 5715         400.232 Review and approval of plans; fees and costs.—The
 5716  design, construction, erection, alteration, modification,
 5717  repair, and demolition of all public and private health care
 5718  facilities are governed by the Florida Building Code and the
 5719  Florida Fire Prevention Code under ss. 553.73 and 633.206
 5720  633.022. In addition to the requirements of ss. 553.79 and
 5721  553.80, the agency shall review the facility plans and survey
 5722  the construction of facilities licensed under this chapter.
 5723         (1) The agency shall approve or disapprove the plans and
 5724  specifications within 60 days after receipt of the final plans
 5725  and specifications. The agency may be granted one 15-day
 5726  extension for the review period, if the director of the agency
 5727  so approves. If the agency fails to act within the specified
 5728  time, it shall be deemed to have approved the plans and
 5729  specifications. When the agency disapproves plans and
 5730  specifications, it shall set forth in writing the reasons for
 5731  disapproval. Conferences and consultations may be provided as
 5732  necessary.
 5733         (2) The agency may is authorized to charge an initial fee
 5734  of $2,000 for review of plans and construction on all projects,
 5735  no part of which is refundable. The agency may also collect a
 5736  fee, not to exceed 1 percent of the estimated construction cost
 5737  or the actual cost of review, whichever is less, for the portion
 5738  of the review which encompasses initial review through the
 5739  initial revised construction document review. The agency is
 5740  further authorized to collect its actual costs on all subsequent
 5741  portions of the review and construction inspections. Initial fee
 5742  payment shall accompany the initial submission of plans and
 5743  specifications. Any subsequent payment that is due is payable
 5744  upon receipt of the invoice from the agency. Notwithstanding any
 5745  other provisions of law to the contrary, all money received by
 5746  the agency pursuant to the provisions of this section shall be
 5747  deemed to be trust funds, to be held and applied solely for the
 5748  operations required under this section.
 5749         Section 139. Section 400.915, Florida Statutes, is amended
 5750  to read:
 5751         400.915 Construction and renovation; requirements.—The
 5752  requirements for the construction or renovation of a PPEC center
 5753  shall comply with:
 5754         (1) The provisions of chapter 553, which pertain to
 5755  building construction standards, including plumbing, electrical
 5756  code, glass, manufactured buildings, accessibility for the
 5757  physically disabled;
 5758         (2) Section 633.206 The provisions of s. 633.022 and
 5759  applicable rules pertaining to physical standards for
 5760  nonresidential child care facilities; and
 5761         (3) The standards or rules adopted pursuant to this part
 5762  and part II of chapter 408.
 5763         Section 140. Paragraph (a) of subsection (1) of section
 5764  429.41, Florida Statutes, is amended to read:
 5765         429.41 Rules establishing standards.—
 5766         (1) It is the intent of the Legislature that rules
 5767  published and enforced pursuant to this section shall include
 5768  criteria by which a reasonable and consistent quality of
 5769  resident care and quality of life may be ensured and the results
 5770  of such resident care may be demonstrated. Such rules shall also
 5771  ensure a safe and sanitary environment that is residential and
 5772  noninstitutional in design or nature. It is further intended
 5773  that reasonable efforts be made to accommodate the needs and
 5774  preferences of residents to enhance the quality of life in a
 5775  facility. The agency, in consultation with the department, may
 5776  adopt rules to administer the requirements of part II of chapter
 5777  408. In order to provide safe and sanitary facilities and the
 5778  highest quality of resident care accommodating the needs and
 5779  preferences of residents, the department, in consultation with
 5780  the agency, the Department of Children and Family Services, and
 5781  the Department of Health, shall adopt rules, policies, and
 5782  procedures to administer this part, which must include
 5783  reasonable and fair minimum standards in relation to:
 5784         (a) The requirements for and maintenance of facilities, not
 5785  in conflict with the provisions of chapter 553, relating to
 5786  plumbing, heating, cooling, lighting, ventilation, living space,
 5787  and other housing conditions, which will ensure the health,
 5788  safety, and comfort of residents and protection from fire
 5789  hazard, including adequate provisions for fire alarm and other
 5790  fire protection suitable to the size of the structure. Uniform
 5791  firesafety standards shall be established and enforced by the
 5792  State Fire Marshal in cooperation with the agency, the
 5793  department, and the Department of Health.
 5794         1. Evacuation capability determination.—
 5795         a. The provisions of the National Fire Protection
 5796  Association, NFPA 101A, Chapter 5, 1995 edition, shall be used
 5797  for determining the ability of the residents, with or without
 5798  staff assistance, to relocate from or within a licensed facility
 5799  to a point of safety as provided in the fire codes adopted
 5800  herein. An evacuation capability evaluation for initial
 5801  licensure shall be conducted within 6 months after the date of
 5802  licensure. For existing licensed facilities that are not
 5803  equipped with an automatic fire sprinkler system, the
 5804  administrator shall evaluate the evacuation capability of
 5805  residents at least annually. The evacuation capability
 5806  evaluation for each facility not equipped with an automatic fire
 5807  sprinkler system shall be validated, without liability, by the
 5808  State Fire Marshal, by the local fire marshal, or by the local
 5809  authority having jurisdiction over firesafety, before the
 5810  license renewal date. If the State Fire Marshal, local fire
 5811  marshal, or local authority having jurisdiction over firesafety
 5812  has reason to believe that the evacuation capability of a
 5813  facility as reported by the administrator may have changed, it
 5814  may, with assistance from the facility administrator, reevaluate
 5815  the evacuation capability through timed exiting drills.
 5816  Translation of timed fire exiting drills to evacuation
 5817  capability may be determined:
 5818         (I) Three minutes or less: prompt.
 5819         (II) More than 3 minutes, but not more than 13 minutes:
 5820  slow.
 5821         (III) More than 13 minutes: impractical.
 5822         b. The Office of the State Fire Marshal shall provide or
 5823  cause the provision of training and education on the proper
 5824  application of Chapter 5, NFPA 101A, 1995 edition, to its
 5825  employees, to staff of the Agency for Health Care Administration
 5826  who are responsible for regulating facilities under this part,
 5827  and to local governmental inspectors. The Office of the State
 5828  Fire Marshal shall provide or cause the provision of this
 5829  training within its existing budget, but may charge a fee for
 5830  this training to offset its costs. The initial training must be
 5831  delivered within 6 months after July 1, 1995, and as needed
 5832  thereafter.
 5833         c. The Office of the State Fire Marshal, in cooperation
 5834  with provider associations, shall provide or cause the provision
 5835  of a training program designed to inform facility operators on
 5836  how to properly review bid documents relating to the
 5837  installation of automatic fire sprinklers. The Office of the
 5838  State Fire Marshal shall provide or cause the provision of this
 5839  training within its existing budget, but may charge a fee for
 5840  this training to offset its costs. The initial training must be
 5841  delivered within 6 months after July 1, 1995, and as needed
 5842  thereafter.
 5843         d. The administrator of a licensed facility shall sign an
 5844  affidavit verifying the number of residents occupying the
 5845  facility at the time of the evacuation capability evaluation.
 5846         2. Firesafety requirements.—
 5847         a. Except for the special applications provided herein,
 5848  effective January 1, 1996, the provisions of the National Fire
 5849  Protection Association, Life Safety Code, NFPA 101, 1994
 5850  edition, Chapter 22 for new facilities and Chapter 23 for
 5851  existing facilities shall be the uniform fire code applied by
 5852  the State Fire Marshal for assisted living facilities, pursuant
 5853  to s. 633.206 633.022.
 5854         b. Any new facility, regardless of size, that applies for a
 5855  license on or after January 1, 1996, must be equipped with an
 5856  automatic fire sprinkler system. The exceptions as provided in
 5857  s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply
 5858  to any new facility housing eight or fewer residents. On July 1,
 5859  1995, local governmental entities responsible for the issuance
 5860  of permits for construction shall inform, without liability, any
 5861  facility whose permit for construction is obtained before prior
 5862  to January 1, 1996, of this automatic fire sprinkler
 5863  requirement. As used in this part, the term “a new facility”
 5864  does not mean an existing facility that has undergone change of
 5865  ownership.
 5866         c. Notwithstanding any provision of s. 633.206 633.022 or
 5867  of the National Fire Protection Association, NFPA 101A, Chapter
 5868  5, 1995 edition, to the contrary, any existing facility housing
 5869  eight or fewer residents is not required to install an automatic
 5870  fire sprinkler system, nor to comply with any other requirement
 5871  in Chapter 23, NFPA 101, 1994 edition, that exceeds the
 5872  firesafety requirements of NFPA 101, 1988 edition, that applies
 5873  to this size facility, unless the facility has been classified
 5874  as impractical to evacuate. Any existing facility housing eight
 5875  or fewer residents that is classified as impractical to evacuate
 5876  must install an automatic fire sprinkler system within the
 5877  timeframes granted in this section.
 5878         d. Any existing facility that is required to install an
 5879  automatic fire sprinkler system under this paragraph need not
 5880  meet other firesafety requirements of Chapter 23, NFPA 101, 1994
 5881  edition, which exceed the provisions of NFPA 101, 1988 edition.
 5882  The mandate contained in this paragraph which requires certain
 5883  facilities to install an automatic fire sprinkler system
 5884  supersedes any other requirement.
 5885         e. This paragraph does not supersede the exceptions granted
 5886  in NFPA 101, 1988 edition or 1994 edition.
 5887         f. This paragraph does not exempt facilities from other
 5888  firesafety provisions adopted under s. 633.206 633.022 and local
 5889  building code requirements in effect before July 1, 1995.
 5890         g. A local government may charge fees only in an amount not
 5891  to exceed the actual expenses incurred by local government
 5892  relating to the installation and maintenance of an automatic
 5893  fire sprinkler system in an existing and properly licensed
 5894  assisted living facility structure as of January 1, 1996.
 5895         h. If a licensed facility undergoes major reconstruction or
 5896  addition to an existing building on or after January 1, 1996,
 5897  the entire building must be equipped with an automatic fire
 5898  sprinkler system. Major reconstruction of a building means
 5899  repair or restoration that costs in excess of 50 percent of the
 5900  value of the building as reported on the tax rolls, excluding
 5901  land, before reconstruction. Multiple reconstruction projects
 5902  within a 5-year period the total costs of which exceed 50
 5903  percent of the initial value of the building when at the time
 5904  the first reconstruction project was permitted are to be
 5905  considered as major reconstruction. Application for a permit for
 5906  an automatic fire sprinkler system is required upon application
 5907  for a permit for a reconstruction project that creates costs
 5908  that go over the 50-percent threshold.
 5909         i. Any facility licensed before January 1, 1996, that is
 5910  required to install an automatic fire sprinkler system shall
 5911  ensure that the installation is completed within the following
 5912  timeframes based upon evacuation capability of the facility as
 5913  determined under subparagraph 1.:
 5914         (I) Impractical evacuation capability, 24 months.
 5915         (II) Slow evacuation capability, 48 months.
 5916         (III) Prompt evacuation capability, 60 months.
 5917  
 5918  The beginning date from which the deadline for the automatic
 5919  fire sprinkler installation requirement must be calculated is
 5920  upon receipt of written notice from the local fire official that
 5921  an automatic fire sprinkler system must be installed. The local
 5922  fire official shall send a copy of the document indicating the
 5923  requirement of a fire sprinkler system to the Agency for Health
 5924  Care Administration.
 5925         j. It is recognized that the installation of an automatic
 5926  fire sprinkler system may create financial hardship for some
 5927  facilities. The appropriate local fire official shall, without
 5928  liability, grant two 1-year extensions to the timeframes for
 5929  installation established herein, if an automatic fire sprinkler
 5930  installation cost estimate and proof of denial from two
 5931  financial institutions for a construction loan to install the
 5932  automatic fire sprinkler system are submitted. However, for any
 5933  facility with a class I or class II, or a history of uncorrected
 5934  class III, firesafety deficiencies, an extension must not be
 5935  granted. The local fire official shall send a copy of the
 5936  document granting the time extension to the Agency for Health
 5937  Care Administration.
 5938         k. A facility owner whose facility is required to be
 5939  equipped with an automatic fire sprinkler system under Chapter
 5940  23, NFPA 101, 1994 edition, as adopted herein, must disclose to
 5941  any potential buyer of the facility that an installation of an
 5942  automatic fire sprinkler requirement exists. The sale of the
 5943  facility does not alter the timeframe for the installation of
 5944  the automatic fire sprinkler system.
 5945         l. Existing facilities required to install an automatic
 5946  fire sprinkler system as a result of construction-type
 5947  restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
 5948  herein, or evacuation capability requirements shall be notified
 5949  by the local fire official in writing of the automatic fire
 5950  sprinkler requirement, as well as the appropriate date for final
 5951  compliance as provided in this subparagraph. The local fire
 5952  official shall send a copy of the document to the Agency for
 5953  Health Care Administration.
 5954         m. Except in cases of life-threatening fire hazards, if an
 5955  existing facility experiences a change in the evacuation
 5956  capability, or if the local authority having jurisdiction
 5957  identifies a construction-type restriction, such that an
 5958  automatic fire sprinkler system is required, it shall be given
 5959  afforded time for installation as provided in this subparagraph.
 5960  
 5961  Facilities that are fully sprinkled and in compliance with other
 5962  firesafety standards are not required to conduct more than one
 5963  of the required fire drills between the hours of 11 p.m. and 7
 5964  a.m., per year. In lieu of the remaining drills, staff
 5965  responsible for residents during such hours may be required to
 5966  participate in a mock drill that includes a review of evacuation
 5967  procedures. Such standards must be included or referenced in the
 5968  rules adopted by the State Fire Marshal. Pursuant to s.
 5969  633.206(1)(b) 633.022(1)(b), the State Fire Marshal is the final
 5970  administrative authority for firesafety standards established
 5971  and enforced pursuant to this section. All licensed facilities
 5972  must have an annual fire inspection conducted by the local fire
 5973  marshal or authority having jurisdiction.
 5974         3. Resident elopement requirements.—Facilities are required
 5975  to conduct a minimum of two resident elopement prevention and
 5976  response drills per year. All administrators and direct care
 5977  staff must participate in the drills which shall include a
 5978  review of procedures to address resident elopement. Facilities
 5979  must document the implementation of the drills and ensure that
 5980  the drills are conducted in a manner consistent with the
 5981  facility’s resident elopement policies and procedures.
 5982         Section 141. Subsection (1) of section 429.44, Florida
 5983  Statutes, is amended to read:
 5984         429.44 Construction and renovation; requirements.—
 5985         (1) The requirements for the construction and renovation of
 5986  a facility shall comply with the provisions of chapter 553 which
 5987  pertain to building construction standards, including plumbing,
 5988  electrical code, glass, manufactured buildings, accessibility
 5989  for persons with disabilities, and the state minimum building
 5990  code and with the provisions of s. 633.206 633.022, which
 5991  pertain to uniform firesafety standards.
 5992         Section 142. Subsection (2) of section 429.73, Florida
 5993  Statutes, is amended to read:
 5994         429.73 Rules and standards relating to adult family-care
 5995  homes.—
 5996         (2) The department shall by rule provide minimum standards
 5997  and procedures for emergencies. Pursuant to s. 633.206 633.022,
 5998  the State Fire Marshal, in consultation with the department and
 5999  the agency, shall adopt uniform firesafety standards for adult
 6000  family-care homes.
 6001         Section 143. Subsection (4) of section 447.203, Florida
 6002  Statutes, is amended to read:
 6003         447.203 Definitions.—As used in this part:
 6004         (4) “Managerial employees” are those employees who:
 6005         (a) Perform jobs that are not of a routine, clerical, or
 6006  ministerial nature and require the exercise of independent
 6007  judgment in the performance of such jobs and to whom one or more
 6008  of the following applies:
 6009         1. They formulate or assist in formulating policies which
 6010  are applicable to bargaining unit employees.
 6011         2. They may reasonably be required on behalf of the
 6012  employer to assist in the preparation for the conduct of
 6013  collective bargaining negotiations.
 6014         3. They have a role in the administration of agreements
 6015  resulting from collective bargaining negotiations.
 6016         4. They have a significant role in personnel
 6017  administration.
 6018         5. They have a significant role in employee relations.
 6019         6. They are included in the definition of administrative
 6020  personnel contained in s. 1012.01(3).
 6021         7. They have a significant role in the preparation or
 6022  administration of budgets for any public agency or institution
 6023  or subdivision thereof.
 6024         (b) Serve as police chiefs, fire chiefs, or directors of
 6025  public safety of any police, fire, or public safety department.
 6026  Other police officers, as defined in s. 943.10(1), and
 6027  firefighters, as defined in s. 633.102 633.30(1), may be
 6028  determined by the commission to be managerial employees of such
 6029  departments. In making such determinations, the commission shall
 6030  consider, in addition to the criteria established in paragraph
 6031  (a), the paramilitary organizational structure of the department
 6032  involved.
 6033  
 6034  However, in determining whether an individual is a managerial
 6035  employee pursuant to either paragraph (a) or paragraph (b),
 6036  above, the commission may consider historic relationships of the
 6037  employee to the public employer and to coemployees.
 6038         Section 144. Subsection (1) of section 468.602, Florida
 6039  Statutes, is amended to read:
 6040         468.602 Exemptions.—This part does not apply to:
 6041         (1) Persons who possess a valid certificate, issued
 6042  pursuant to s. 633.216 633.081, for conducting firesafety
 6043  inspections, when conducting firesafety inspections.
 6044         Section 145. Paragraph (c) of subsection (2) of section
 6045  468.609, Florida Statutes, is amended to read:
 6046         468.609 Administration of this part; standards for
 6047  certification; additional categories of certification.—
 6048         (2) A person may take the examination for certification as
 6049  a building code inspector or plans examiner pursuant to this
 6050  part if the person:
 6051         (c) Meets eligibility requirements according to one of the
 6052  following criteria:
 6053         1. Demonstrates 5 years’ combined experience in the field
 6054  of construction or a related field, building code inspection, or
 6055  plans review corresponding to the certification category sought;
 6056         2. Demonstrates a combination of postsecondary education in
 6057  the field of construction or a related field and experience
 6058  which totals 4 years, with at least 1 year of such total being
 6059  experience in construction, building code inspection, or plans
 6060  review;
 6061         3. Demonstrates a combination of technical education in the
 6062  field of construction or a related field and experience which
 6063  totals 4 years, with at least 1 year of such total being
 6064  experience in construction, building code inspection, or plans
 6065  review;
 6066         4. Currently holds a standard certificate as issued by the
 6067  board, or a fire safety inspector license issued pursuant to
 6068  chapter 633, has a minimum of 5 years’ verifiable full-time
 6069  experience in inspection or plan review, and satisfactorily
 6070  completes a building code inspector or plans examiner training
 6071  program of not less than 200 hours in the certification category
 6072  sought. The board shall establish by rule criteria for the
 6073  development and implementation of the training programs; or
 6074         5. Demonstrates a combination of the completion of an
 6075  approved training program in the field of building code
 6076  inspection or plan review and a minimum of 2 years’ experience
 6077  in the field of building code inspection, plan review, fire code
 6078  inspections and fire plans review of new buildings as a
 6079  firesafety inspector certified under s. 633.216 633.081(2), or
 6080  construction. The approved training portion of this requirement
 6081  shall include proof of satisfactory completion of a training
 6082  program of not less than 300 hours which is approved by the
 6083  board in the chosen category of building code inspection or plan
 6084  review in the certification category sought with not less than
 6085  20 hours of instruction in state laws, rules, and ethics
 6086  relating to professional standards of practice, duties, and
 6087  responsibilities of a certificateholder. The board shall
 6088  coordinate with the Building Officials Association of Florida,
 6089  Inc., to establish by rule the development and implementation of
 6090  the training program.
 6091         Section 146. Subsection (22) of section 489.103, Florida
 6092  Statutes, is amended to read:
 6093         489.103 Exemptions.—This part does not apply to:
 6094         (22) A person licensed pursuant to s. 633.304(1)(d)
 6095  633.061(1)(d) or (3)(b) performing work authorized by such
 6096  license.
 6097         Section 147. Paragraph (n) of subsection (3) of section
 6098  489.105, Florida Statutes, is amended to read:
 6099         489.105 Definitions.—As used in this part:
 6100         (3) “Contractor” means the person who is qualified for, and
 6101  is only responsible for, the project contracted for and means,
 6102  except as exempted in this part, the person who, for
 6103  compensation, undertakes to, submits a bid to, or does himself
 6104  or herself or by others construct, repair, alter, remodel, add
 6105  to, demolish, subtract from, or improve any building or
 6106  structure, including related improvements to real estate, for
 6107  others or for resale to others; and whose job scope is
 6108  substantially similar to the job scope described in one of the
 6109  paragraphs of this subsection. For the purposes of regulation
 6110  under this part, the term “demolish” applies only to demolition
 6111  of steel tanks more than 50 feet in height; towers more than 50
 6112  feet in height; other structures more than 50 feet in height;
 6113  and all buildings or residences. Contractors are subdivided into
 6114  two divisions, Division I, consisting of those contractors
 6115  defined in paragraphs (a)-(c), and Division II, consisting of
 6116  those contractors defined in paragraphs (d)-(q):
 6117         (n) “Underground utility and excavation contractor” means a
 6118  contractor whose services are limited to the construction,
 6119  installation, and repair, on public or private property, whether
 6120  accomplished through open excavations or through other means,
 6121  including, but not limited to, directional drilling, auger
 6122  boring, jacking and boring, trenchless technologies, wet and dry
 6123  taps, grouting, and slip lining, of main sanitary sewer
 6124  collection systems, main water distribution systems, storm sewer
 6125  collection systems, and the continuation of utility lines from
 6126  the main systems to a point of termination up to and including
 6127  the meter location for the individual occupancy, sewer
 6128  collection systems at property line on residential or single
 6129  occupancy commercial properties, or on multioccupancy properties
 6130  at manhole or wye lateral extended to an invert elevation as
 6131  engineered to accommodate future building sewers, water
 6132  distribution systems, or storm sewer collection systems at storm
 6133  sewer structures. However, an underground utility and excavation
 6134  contractor may install empty underground conduits in rights-of
 6135  way, easements, platted rights-of-way in new site development,
 6136  and sleeves for parking lot crossings no smaller than 2 inches
 6137  in diameter if each conduit system installed is designed by a
 6138  licensed professional engineer or an authorized employee of a
 6139  municipality, county, or public utility and the installation of
 6140  such conduit does not include installation of any conductor
 6141  wiring or connection to an energized electrical system. An
 6142  underground utility and excavation contractor may not install
 6143  piping that is an integral part of a fire protection system as
 6144  defined in s. 633.102 633.021 beginning at the point where the
 6145  piping is used exclusively for such system.
 6146         Section 148. Subsection (9) of section 496.404, Florida
 6147  Statutes, is amended to read:
 6148         496.404 Definitions.—As used in ss. 496.401-496.424:
 6149         (9) “Emergency service employee” means any employee who is
 6150  a firefighter, as defined in s. 633.102 633.30, or ambulance
 6151  driver, emergency medical technician, or paramedic, as defined
 6152  in s. 401.23.
 6153         Section 149. Paragraph (a) of subsection (7) of section
 6154  509.032, Florida Statutes, is amended to read:
 6155         509.032 Duties.—
 6156         (7) PREEMPTION AUTHORITY.—
 6157         (a) The regulation of public lodging establishments and
 6158  public food service establishments, including, but not limited
 6159  to, sanitation standards, inspections, training and testing of
 6160  personnel, and matters related to the nutritional content and
 6161  marketing of foods offered in such establishments, is preempted
 6162  to the state. This paragraph does not preempt the authority of a
 6163  local government or local enforcement district to conduct
 6164  inspections of public lodging and public food service
 6165  establishments for compliance with the Florida Building Code and
 6166  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
 6167  633.206 633.022.
 6168         Section 150. Section 513.05, Florida Statutes, is amended
 6169  to read:
 6170         513.05 Rules.—The department may adopt rules pertaining to
 6171  the location, construction, modification, equipment, and
 6172  operation of mobile home parks, lodging parks, recreational
 6173  vehicle parks, and recreational camps, except as provided in s.
 6174  633.206 633.022, as necessary to administer this chapter. Such
 6175  rules may include definitions of terms; requirements for plan
 6176  reviews of proposed and existing parks and camps; plan reviews
 6177  of parks that consolidate space or change space size; water
 6178  supply; sewage collection and disposal; plumbing and backflow
 6179  prevention; garbage and refuse storage, collection, and
 6180  disposal; insect and rodent control; space requirements; heating
 6181  facilities; food service; lighting; sanitary facilities;
 6182  bedding; an occupancy equivalency to spaces for permits for
 6183  recreational camps; sanitary facilities in recreational vehicle
 6184  parks; and the owners’ responsibilities at recreational vehicle
 6185  parks and recreational camps.
 6186         Section 151. Paragraph (d) of subsection (1) and paragraph
 6187  (f) of subsection (11) of section 553.73, Florida Statutes, are
 6188  amended to read:
 6189         553.73 Florida Building Code.—
 6190         (1)
 6191         (d) Conflicting requirements between the Florida Building
 6192  Code and the Florida Fire Prevention Code and Life Safety Code
 6193  of the state established pursuant to ss. 633.206 633.022 and
 6194  633.208 633.025 shall be resolved by agreement between the
 6195  commission and the State Fire Marshal in favor of the
 6196  requirement that offers the greatest degree of lifesafety or
 6197  alternatives that would provide an equivalent degree of
 6198  lifesafety and an equivalent method of construction. If the
 6199  commission and State Fire Marshal are unable to agree on a
 6200  resolution, the question shall be referred to a mediator,
 6201  mutually agreeable to both parties, to resolve the conflict in
 6202  favor of the provision that offers the greatest lifesafety, or
 6203  alternatives that would provide an equivalent degree of
 6204  lifesafety and an equivalent method of construction.
 6205         (11)
 6206         (f) All decisions of the local building official and local
 6207  fire official and all decisions of the administrative board
 6208  shall be in writing and shall be binding upon a person all
 6209  persons but do shall not limit the authority of the State Fire
 6210  Marshal or the Florida Building Commission pursuant to paragraph
 6211  (1)(d) and ss. 633.104 633.01 and 633.228 633.161. Decisions of
 6212  general application shall be indexed by building and fire code
 6213  sections and shall be available for inspection during normal
 6214  business hours.
 6215         Section 152. Paragraph (e) of subsection (1) of section
 6216  553.77, Florida Statutes, is amended to read:
 6217         553.77 Specific powers of the commission.—
 6218         (1) The commission shall:
 6219         (e) Participate with the Florida Fire Code Advisory Council
 6220  created under s. 633.204 633.72, to provide assistance and
 6221  recommendations relating to firesafety code interpretations. The
 6222  administrative staff of the commission shall attend meetings of
 6223  the Florida Fire Code Advisory Council and coordinate efforts to
 6224  provide consistency between the Florida Building Code and the
 6225  Florida Fire Prevention Code and the Life Safety Code.
 6226         Section 153. Subsections (2) and (12) of section 553.79,
 6227  Florida Statutes, are amended to read:
 6228         553.79 Permits; applications; issuance; inspections.—
 6229         (2) Except as provided in subsection (6), an enforcing
 6230  agency may not issue any permit for construction, erection,
 6231  alteration, modification, repair, or demolition of any building
 6232  or structure until the local building code administrator or
 6233  inspector has reviewed the plans and specifications required by
 6234  the Florida Building Code, or local amendment thereto, for such
 6235  proposal and found the plans to be in compliance with the
 6236  Florida Building Code. If the local building code administrator
 6237  or inspector finds that the plans are not in compliance with the
 6238  Florida Building Code, the local building code administrator or
 6239  inspector shall identify the specific plan features that do not
 6240  comply with the applicable codes, identify the specific code
 6241  chapters and sections upon which the finding is based, and
 6242  provide this information to the local enforcing agency. The
 6243  local enforcing agency shall provide this information to the
 6244  permit applicant. In addition, an enforcing agency may not issue
 6245  any permit for construction, erection, alteration, modification,
 6246  repair, or demolition of any building until the appropriate
 6247  firesafety inspector certified pursuant to s. 633.216 633.081
 6248  has reviewed the plans and specifications required by the
 6249  Florida Building Code, or local amendment thereto, for such
 6250  proposal and found that the plans comply with the Florida Fire
 6251  Prevention Code and the Life Safety Code. Any building or
 6252  structure which is not subject to a firesafety code shall not be
 6253  required to have its plans reviewed by the firesafety inspector.
 6254  Any building or structure that is exempt from the local building
 6255  permit process may not be required to have its plans reviewed by
 6256  the local building code administrator. Industrial construction
 6257  on sites where design, construction, and firesafety are
 6258  supervised by appropriate design and inspection professionals
 6259  and which contain adequate in-house fire departments and rescue
 6260  squads is exempt, subject to local government option, from
 6261  review of plans and inspections, providing owners certify that
 6262  applicable codes and standards have been met and supply
 6263  appropriate approved drawings to local building and firesafety
 6264  inspectors. The enforcing agency shall issue a permit to
 6265  construct, erect, alter, modify, repair, or demolish any
 6266  building or structure when the plans and specifications for such
 6267  proposal comply with the provisions of the Florida Building Code
 6268  and the Florida Fire Prevention Code and the Life Safety Code as
 6269  determined by the local authority in accordance with this
 6270  chapter and chapter 633.
 6271         (12) One-family and two-family detached residential
 6272  dwelling units are not subject to plan review by the local fire
 6273  official as described in this section or inspection by the local
 6274  fire official as described in s. 633.216 633.081, unless
 6275  expressly made subject to the said plan review or inspection by
 6276  local ordinance.
 6277         Section 154. Paragraph (d) of subsection (1) of section
 6278  590.02, Florida Statutes, is amended to read:
 6279         590.02 Florida Forest Service; powers, authority, and
 6280  duties; liability; building structures; Florida Center for
 6281  Wildfire and Forest Resources Management Training.—
 6282         (1) The Florida Forest Service has the following powers,
 6283  authority, and duties:
 6284         (d) To appoint center managers, forest area supervisors,
 6285  forestry program administrators, a forest protection bureau
 6286  chief, a forest protection assistant bureau chief, a field
 6287  operations bureau chief, deputy chiefs of field operations,
 6288  district managers, forest operations administrators, senior
 6289  forest rangers, investigators, forest rangers, firefighter
 6290  rotorcraft pilots, and other employees who may, at the Florida
 6291  Forest Service’s discretion, be certified as forestry
 6292  firefighters pursuant to s. 633.408(8) 633.35(4). Other
 6293  provisions of law notwithstanding, center managers, district
 6294  managers, forest protection assistant bureau chief, and deputy
 6295  chiefs of field operations shall have Selected Exempt Service
 6296  status in the state personnel designation;
 6297         Section 155. Section 627.4107, Florida Statutes, is amended
 6298  to read:
 6299         627.4107 Government employees exposed to toxic drug
 6300  chemicals; cancellation of life or health policy or certificate
 6301  prohibited.—No life or health insurer may cancel or nonrenew a
 6302  life or health insurance policy or certificate of insurance
 6303  providing coverage to a state or local law enforcement officer
 6304  as defined in s. 943.10, firefighter as defined in s. 633.102
 6305  633.30, emergency medical technician as defined in s. 401.23, or
 6306  paramedic as defined in s. 401.23, a volunteer firefighter
 6307  engaged by state or local government, a law enforcement officer
 6308  employed by the Federal Government, or any other local, state,
 6309  or Federal Government employee solely based on the fact that the
 6310  individual has been exposed to toxic chemicals or suffered
 6311  injury or disease as a result of the individual’s lawful duties
 6312  arising out of the commission of a violation of chapter 893 by
 6313  another person. This section does not apply to a any person who
 6314  commits an offense under chapter 893. This section does not
 6315  prohibit an insurer from canceling or nonrenewing an insurance
 6316  policy or certificate, as permitted under the applicable state
 6317  insurance code, based on an act or practice of the policyholder
 6318  or certificateholder that constitutes fraud or intentional
 6319  misrepresentation of material fact by the policyholder or
 6320  certificateholder.
 6321         Section 156. Subsection (10) of section 893.13, Florida
 6322  Statutes, is amended to read:
 6323         893.13 Prohibited acts; penalties.—
 6324         (10) If a person violates any provision of this chapter and
 6325  the violation results in a serious injury to a state or local
 6326  law enforcement officer as defined in s. 943.10, firefighter as
 6327  defined in s. 633.102 633.30, emergency medical technician as
 6328  defined in s. 401.23, paramedic as defined in s. 401.23,
 6329  employee of a public utility or an electric utility as defined
 6330  in s. 366.02, animal control officer as defined in s. 828.27,
 6331  volunteer firefighter engaged by state or local government, law
 6332  enforcement officer employed by the Federal Government, or any
 6333  other local, state, or Federal Government employee injured
 6334  during the course and scope of his or her employment, the person
 6335  commits a felony of the third degree, punishable as provided in
 6336  s. 775.082, s. 775.083, or s. 775.084. If the injury sustained
 6337  results in death or great bodily harm, the person commits a
 6338  felony of the second degree, punishable as provided in s.
 6339  775.082, s. 775.083, or s. 775.084.
 6340         Section 157. Paragraph (g) of subsection (2) of section
 6341  934.03, Florida Statutes, is amended to read:
 6342         934.03 Interception and disclosure of wire, oral, or
 6343  electronic communications prohibited.—
 6344         (2)
 6345         (g) It is lawful under ss. 934.03-934.09 for an employee
 6346  of:
 6347         1. An ambulance service licensed pursuant to s. 401.25, a
 6348  fire station employing firefighters as defined by s. 633.102
 6349  633.30, a public utility, a law enforcement agency as defined by
 6350  s. 934.02(10), or any other entity with published emergency
 6351  telephone numbers;
 6352         2. An agency operating an emergency telephone number “911”
 6353  system established pursuant to s. 365.171; or
 6354         3. The central abuse hotline operated pursuant to s. 39.201
 6355  
 6356  to intercept and record incoming wire communications; however,
 6357  such employee may intercept and record incoming wire
 6358  communications on designated “911” telephone numbers and
 6359  published nonemergency telephone numbers staffed by trained
 6360  dispatchers at public safety answering points only. It is also
 6361  lawful for such employee to intercept and record outgoing wire
 6362  communications to the numbers from which such incoming wire
 6363  communications were placed when necessary to obtain information
 6364  required to provide the emergency services being requested. For
 6365  the purpose of this paragraph, the term “public utility” has the
 6366  same meaning as provided in s. 366.02 and includes a person,
 6367  partnership, association, or corporation now or hereafter owning
 6368  or operating equipment or facilities in the state for conveying
 6369  or transmitting messages or communications by telephone or
 6370  telegraph to the public for compensation.
 6371         Section 158. Paragraph (b) of subsection (4) of section
 6372  943.61, Florida Statutes, is amended to read:
 6373         943.61 Powers and duties of the Capitol Police.—
 6374         (4) The Capitol Police shall have the following
 6375  responsibilities, powers, and duties:
 6376         (b) To provide and maintain the security of all property
 6377  located in the Capitol Complex in a manner consistent with the
 6378  security plans developed and approved under paragraph (a) and,
 6379  in consultation with the State Fire Marshal, to provide for
 6380  evacuations, information, and training required for firesafety
 6381  on such property in a manner consistent with s. 633.218 633.085.
 6382         Section 159. Paragraph (b) of subsection (18) of section
 6383  1002.33, Florida Statutes, is amended to read:
 6384         1002.33 Charter schools.—
 6385         (18) FACILITIES.—
 6386         (b) A charter school shall use utilize facilities that
 6387  comply with the Florida Fire Prevention Code, pursuant to s.
 6388  633.208 633.025, as adopted by the authority in whose
 6389  jurisdiction the facility is located as provided in paragraph
 6390  (a).
 6391         Section 160. Subsection (9) of section 1002.34, Florida
 6392  Statutes, is amended to read:
 6393         1002.34 Charter technical career centers.—
 6394         (9) FACILITIES.—A center may be located in any suitable
 6395  location, including part of an existing public school or Florida
 6396  College System institution building, space provided on a public
 6397  worksite, or a public building. A center’s facilities must
 6398  comply with the State Uniform Building Code for Public
 6399  Educational Facilities Construction adopted pursuant to s.
 6400  1013.37, or with applicable state minimum building codes
 6401  pursuant to chapter 553, and state minimum fire protection codes
 6402  pursuant to s. 633.208 633.025, adopted by the authority in
 6403  whose jurisdiction the facility is located. If K-12 public
 6404  school funds are used for construction, the facility must remain
 6405  on the local school district’s Florida Inventory of School
 6406  Houses (FISH) school building inventory of the district school
 6407  board and must revert to the district school board if the
 6408  consortium dissolves and the program is discontinued. If Florida
 6409  College System institution public school funds are used for
 6410  construction, the facility must remain on the local Florida
 6411  College System institution’s facilities inventory and must
 6412  revert to the local Florida College System institution board of
 6413  trustees if the consortium dissolves and the program is
 6414  discontinued. The additional student capacity created by the
 6415  addition of the center to the local school district’s FISH may
 6416  not be calculated in the permanent student capacity for the
 6417  purpose of determining need or eligibility for state capital
 6418  outlay funds while the facility is used as a center. If the
 6419  construction of the center is funded jointly by K-12 public
 6420  school funds and Florida College System institution funds, the
 6421  sponsoring entities must agree, before granting the charter, on
 6422  the appropriate owner and terms of transfer of the facility if
 6423  the charter is dissolved.
 6424         Section 161. Subsection (1), paragraph (c) of subsection
 6425  (2), and paragraphs (a) and (c) of subsection (6) of section
 6426  1013.12, Florida Statutes, are amended to read:
 6427         1013.12 Casualty, safety, sanitation, and firesafety
 6428  standards and inspection of property.—
 6429         (1) FIRESAFETY.—The State Board of Education shall adopt
 6430  and administer rules prescribing standards for the safety and
 6431  health of occupants of educational and ancillary plants as a
 6432  part of State Requirements for Educational Facilities or the
 6433  Florida Building Code for educational facilities construction as
 6434  provided in s. 1013.37, except that the State Fire Marshal in
 6435  consultation with the Department of Education shall adopt
 6436  uniform firesafety standards for educational and ancillary
 6437  plants and educational facilities, as provided in s.
 6438  633.206(1)(b) 633.022(1)(b), and a firesafety evaluation system
 6439  to be used as an alternate firesafety inspection standard for
 6440  existing educational and ancillary plants and educational
 6441  facilities. The uniform firesafety standards and the alternate
 6442  firesafety evaluation system shall be administered and enforced
 6443  by fire officials certified by the State Fire Marshal under s.
 6444  633.216 633.081. These standards must be used by all public
 6445  agencies when inspecting public educational and ancillary
 6446  plants, and the firesafety standards must be used by county,
 6447  municipal, or independent special fire control district
 6448  inspectors when performing firesafety inspections of public
 6449  educational and ancillary plants and educational facilities. In
 6450  accordance with such standards, each board shall prescribe
 6451  policies and procedures establishing a comprehensive program of
 6452  safety and sanitation for the protection of occupants of public
 6453  educational and ancillary plants. Such policies must contain
 6454  procedures for periodic inspections as prescribed in this
 6455  section or chapter 633 and for withdrawal of any educational and
 6456  ancillary plant, or portion thereof, from use until unsafe or
 6457  unsanitary conditions are corrected or removed.
 6458         (2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
 6459  BOARDS.—
 6460         (c) Under the direction of the fire official appointed by
 6461  the board under s. 1013.371(2), firesafety inspections of each
 6462  educational and ancillary plant located on property owned or
 6463  leased by the board, or other educational facilities operated by
 6464  the board, must be made no sooner than 1 year after issuance of
 6465  a certificate of occupancy and annually thereafter. Such
 6466  inspections shall be made by persons certified by the Division
 6467  of State Fire Marshal under s. 633.216 633.081 to conduct
 6468  firesafety inspections in public educational and ancillary
 6469  plants. The board shall submit a copy of the firesafety
 6470  inspection report to the county, municipality, or independent
 6471  special fire control district providing fire protection services
 6472  to the school facility within 10 business days after the date of
 6473  the inspection. Alternate schedules for delivery of reports may
 6474  be agreed upon between the school district and the county,
 6475  municipality, or independent special fire control district
 6476  providing fire protection services to the site in cases in which
 6477  delivery is impossible due to hurricanes or other natural
 6478  disasters. Regardless, if immediate life-threatening
 6479  deficiencies are noted in the report, the report shall be
 6480  delivered immediately. In addition, the board and any other
 6481  authority conducting the fire safety inspection shall certify to
 6482  the State Fire Marshal that the annual inspection has been
 6483  completed. The certification shall be made electronically or by
 6484  such other means as directed by the State Fire Marshal.
 6485         (6) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
 6486  FACILITIES.—
 6487         (a) Firesafety inspections of public college facilities,
 6488  including charter schools located on board-owned or board-leased
 6489  facilities or otherwise operated by public college boards, shall
 6490  be made in accordance with the Florida Fire Prevention Code, as
 6491  adopted by the State Fire Marshal. Notwithstanding s. 633.202
 6492  633.0215, provisions of the code relating to inspections of such
 6493  facilities are not subject to any local amendments as provided
 6494  by s. 1013.371. Each public college facility shall be inspected
 6495  annually by persons certified under s. 633.216 633.081.
 6496         (c) Firesafety inspections of state universities shall
 6497  comply with the Florida Fire Prevention Code, as adopted by the
 6498  State Fire Marshal under s. 633.202 633.0215.
 6499         Section 162. Paragraphs (a), (b), and (d) of subsection (2)
 6500  and paragraph (a) of subsection (4) of section 1013.38, Florida
 6501  Statutes, are amended to read:
 6502         1013.38 Boards to ensure that facilities comply with
 6503  building codes and life safety codes.—
 6504         (2) In addition to the submission of site plans, boards may
 6505  provide compliance as follows:
 6506         (a) Boards or consortia may individually or cooperatively
 6507  provide review services under the insurance risk management
 6508  oversight through the use of board employees or consortia
 6509  employees registered pursuant to chapter 471, chapter 481, or
 6510  part XII of chapter 468 and firesafety inspectors certified
 6511  under s. 633.216 633.081.
 6512         (b) Boards may elect to review construction documents using
 6513  their own employees registered pursuant to chapter 471, chapter
 6514  481, or part XII of chapter 468 and firesafety inspectors
 6515  certified under s. 633.216 633.081.
 6516         (d) Boards or consortia may contract for plan review
 6517  services directly with engineers and architects registered
 6518  pursuant to chapter 471 or chapter 481 and firesafety inspectors
 6519  certified under s. 633.216 633.081.
 6520         (4)(a) Before the commencement of any new construction,
 6521  renovation, or remodeling, the board shall:
 6522         1. Approve or cause to be approved the construction
 6523  documents and evaluate such documents for compliance with the
 6524  Florida Building Code and the Florida Fire Prevention Code.
 6525         2. Ensure compliance with all applicable firesafety codes
 6526  and standards by contracting with a firesafety inspector
 6527  certified by the State Fire Marshal under s. 633.216 633.081.
 6528         Section 163. This act shall take effect July 1, 2013.