Florida Senate - 2013 CS for SB 1410
By the Committee on Banking and Insurance; and Senator Simmons
597-03448-13 20131410c1
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 fire safety 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 fire safety
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 firesafety
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 fire
144 safety and penalties for violation; conforming
145 terminology; providing that a special district may
146 enact any ordinance relating to fire safety 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 fire safety inspections; revising the
154 period of validity of, and continuing education
155 requirements for, fire safety inspector certificates;
156 requiring repeat training for certified firesafety
157 inspectors whose certification has lapsed for a
158 specified period; revising grounds for denial, refusal
159 to renew, suspension, or revocation of a fire safety
160 inspector certificate; requiring the department to
161 provide by 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; transferring and
441 renumbering s. 633.46, F.S., relating to fees to be
442 charged for training; providing a directive to the
443 Division of Law Revision and Information to create
444 part V of ch. 633, F.S., entitled “Florida
445 Firefighters Occupational Safety and Health Act”;
446 transferring, renumbering, and amending s. 633.801,
447 F.S., relating to a short title; conforming a cross
448 reference; transferring, renumbering, and amending s.
449 633.802, F.S., relating to definitions; revising
450 definitions of “firefighter employee,” “firefighter
451 employer,” and “firefighter place of employment”;
452 transferring, renumbering, and amending s. 633.803,
453 F.S., relating to legislative intent to enhance
454 firefighter occupational safety and health in the
455 state; clarifying provisions; conforming cross
456 references; transferring, renumbering, and amending s.
457 633.821, F.S., relating to assistance by the division
458 in facilitating firefighter employee workplace safety;
459 revising references to publications; removing obsolete
460 provisions; revising requirements and responsibilities
461 of the division; transferring, renumbering, and
462 amending s. 633.817, F.S., relating to remedies
463 available to the division for noncompliance with part
464 V of ch. 633, F.S.; conforming cross-references;
465 transferring and renumbering s. 633.805, F.S.,
466 relating to a required study by the division of
467 firefighter employee occupational diseases;
468 transferring, renumbering, and amending s. 633.806,
469 F.S., relating to certain duties of the division;
470 revising provisions that require the division to make
471 studies, investigations, inspections, and inquiries
472 with respect to compliance with part V of ch. 633,
473 F.S., or rules authorized thereunder, and the causes
474 of firefighter employee injuries, illnesses, safety
475 based complaints, or line-of-duty deaths in
476 firefighter employee places of employment; authorizing
477 the division to adopt by rule procedures for
478 conducting inspections and inquiries of firefighter
479 employers under part V of ch. 633, F.S.; authorizing
480 the division to enter premises to investigate
481 compliance; providing a criminal penalty; conforming
482 references; transferring, renumbering, and amending s.
483 633.807, F.S., relating to safety responsibilities of
484 firefighter employers; revising definitions of the
485 terms “safe” and “safety”; transferring, renumbering,
486 and amending s. 633.809, F.S.; relating to firefighter
487 employers with a high frequency of firefighter
488 employee work-related injuries; revising provisions
489 relating to required safety inspections; clarifying
490 that the division may not assess penalties as a result
491 of such inspections; requiring firefighter employers
492 to submit a plan for the correction of noncompliance
493 issues to the division for approval in accordance with
494 division rule; providing procedures if a plan is not
495 submitted, does not provide corrective actions, is
496 incomplete, or is not implemented; providing for
497 workplace safety committees and coordinators,
498 including mandatory negotiations during collective
499 bargaining; requiring the division to adopt rules;
500 providing for compensation of the workplace safety
501 committee; authorizing cancellation of an insurance
502 plan due to noncompliance; transferring, renumbering,
503 and amending s. 633.811, F.S., relating to firefighter
504 employer penalties; prescribing additional
505 administrative penalties for firefighter employers for
506 violation of, or refusal to comply with, part V of ch.
507 633, F.S.; providing for location of hearings;
508 transferring, renumbering, and amending s. 633.812,
509 F.S., relating to specified cooperation by the
510 division with the Federal Government; clarifying
511 requirements from which private firefighter employers
512 are exempt; eliminating a prerequisite to exemption
513 for specified firefighter employers; requiring
514 reinspection after specified noncompliance;
515 transferring, renumbering, and amending s. 633.816,
516 F.S., relating to firefighter employee rights and
517 responsibilities; conforming cross-references;
518 transferring, renumbering, and amending s. 633.818,
519 F.S., relating to false statements; conforming a
520 cross-reference; prohibiting a person from committing
521 certain fraudulent acts in any matter within the
522 jurisdiction of the division; providing criminal
523 penalties; providing a statute of limitation;
524 transferring, renumbering, and amending s. 633.814,
525 F.S., relating to disbursement of expenses to
526 administer part V of ch. 633, F.S.; conforming a
527 cross-reference; amending s. 112.011, F.S.; removing
528 provisions that exclude from employment for a
529 specified period an applicant for employment with a
530 fire department who has a prior felony conviction;
531 amending s. 112.191, F.S.; revising provisions
532 relating to adjustments in payments of accidental
533 death benefits for firefighters; amending s. 120.541,
534 F.S.; revising a cross-reference to conform with
535 changes made in the act; amending s. 196.081, F.S.;
536 revising a cross-reference to conform with changes
537 made in the act; amending s. 633.167, F.S.; deleting a
538 provision providing for terms and conditions of
539 probation; amending s. 633.517, F.S.; deleting a
540 provision authorizing the State Fire Marshal to
541 administer oaths and take testimony; repealing s.
542 633.024, F.S., relating to legislative findings and
543 intent with respect to ensuring effective fire
544 protection of vulnerable nursing home residents, the
545 expedited retrofit of existing nursing homes through a
546 limited state loan guarantee, and funding thereof;
547 repealing s. 633.0245, F.S., relating to the State
548 Fire Marshal Nursing Home Fire Protection Loan
549 Guarantee Program; repealing s. 633.03, F.S., relating
550 to investigations of fire and reports; repealing s.
551 633.0421, F.S., relating to preemption of the reduced
552 cigarette ignition propensity standard by the state;
553 repealing s. 633.13, F.S., relating to the authority
554 of State Fire Marshal agents; repealing s. 633.18,
555 F.S., relating to hearings and investigations by the
556 State Fire Marshal; repealing s. 633.30, F.S.,
557 relating to definitions with respect to standards for
558 firefighting; repealing s. 633.32, F.S., relating to
559 organization, meetings, quorum, compensation, and seal
560 of the Firefighters Employment, Standards, and
561 Training Council; repealing s. 633.33, F.S., relating
562 to special powers of the Firefighters Employment,
563 Standards, and Training Council in connection with the
564 employment and training of firefighters; repealing s.
565 633.37, F.S., relating to payment of tuition at
566 approved training programs by the employing agency;
567 repealing s. 633.445, F.S., relating to the State Fire
568 Marshal Scholarship Grant Program; repealing s.
569 633.46, F.S., relating to authority of the Division of
570 State Fire Marshal to fix and collect admission fees
571 and other fees it deems necessary to be charged for
572 training; repealing s. 633.514, F.S., relating to
573 Florida Fire Safety Board duties, meetings, officers,
574 quorum, and compensation; repealing s. 633.524, F.S.,
575 relating to certificate and permit fees assessed under
576 ch. 633, F.S., and the use and deposit thereof;
577 repealing s. 633.804, F.S., relating to the adoption
578 of rules governing firefighter employer and
579 firefighter employee safety inspections and
580 consultations; repealing s. 633.808, F.S., relating to
581 division authority; repealing s. 633.810, F.S.,
582 relating to workplace safety committees and safety
583 coordinators; repealing s. 633.813, F.S., relating to
584 cancellation of an insurance policy for failure to
585 implement a safety and health program; repealing s.
586 633.815, F.S., relating to penalties for refusing
587 entry to a firefighter place of employment for the
588 purposes of investigations or inspections by the
589 division; repealing s. 633.819, F.S., relating to
590 matters within the jurisdiction of the division and
591 fraudulent acts, penalties, and statute of
592 limitations; repealing s. 633.820, F.S., relating to
593 the applicability of specified sections of ch. 633,
594 F.S., to volunteer firefighters and volunteer fire
595 departments; amending ss. 112.1815, 112.191, 112.81,
596 119.071, 120.80, 121.0515, 125.01, 125.01045, 125.56,
597 166.0446, 175.032, 175.121, 218.23, 252.515, 255.45,
598 258.0145, 281.02, 384.287, 395.0163, 400.232, 400.915,
599 429.41, 429.44, 429.73, 447.203, 468.602, 468.609,
600 489.103, 489.105, 496.404, 509.032, 513.05, 553.73,
601 553.77, 553.79, 590.02, 627.4107, 893.13, 934.03,
602 943.61, 1002.33, 1002.34, 1013.12, and 1013.38, F.S.;
603 conforming cross-references; updating terminology;
604 providing an effective date.
605
606 Be It Enacted by the Legislature of the State of Florida:
607
608 Section 1. The Division of Law Revision and Information is
609 directed to create part I of chapter 633, Florida Statutes,
610 consisting of sections 633.102, 633.104, 633.106, 633.108,
611 633.112, 633.114, 633.116, 633.118, 633.122, 633.124, 633.126,
612 633.128, 633.132, 633.134, 633.136, and 633.138, Florida
613 Statutes, to be entitled “General Provisions.”
614 Section 2. Section 633.021, Florida Statutes, is
615 transferred, renumbered as section 633.102, Florida Statutes,
616 and amended to read:
617 633.102 633.021 Definitions.—As used in this chapter, the
618 term:
619 (1) “Board” means the Florida Fire Safety Board.
620 (2) “Certificate” means a certificate of competency issued
621 by the State Fire Marshal.
622 (3) “Certification” means the act of obtaining or holding a
623 certificate of competency from the State Fire Marshal.
624 (2)(4) “Contracting” means engaging in business as a
625 contractor.
626 (3)(5)(a) “Contractor I” means a contractor whose business
627 includes the execution of contracts requiring the ability to lay
628 out, fabricate, install, inspect, alter, repair, and service all
629 types of fire protection systems, excluding preengineered
630 systems. A Contractor I may also perform all of the duties
631 specified for a Contractor II, Contractor III, Contractor IV,
632 and Contractor V.
633 (b) “Contractor II” means a contractor whose business is
634 limited to the execution of contracts requiring the ability to
635 lay out, fabricate, install, inspect, alter, repair, and service
636 water sprinkler systems, water spray systems, foam-water
637 sprinkler systems, foam -water spray systems, standpipes,
638 combination standpipes and sprinkler risers, all piping that is
639 an integral part of the system beginning at the point of service
640 as defined in this section, sprinkler tank heaters, air lines,
641 thermal systems used in connection with sprinklers, and tanks
642 and pumps connected thereto, excluding preengineered systems. A
643 Contractor II may also perform the duties specified for a
644 Contractor IV and Contractor V.
645 (c) “Contractor III” means a contractor whose business is
646 limited to the execution of contracts requiring the ability to
647 fabricate, install, inspect, alter, repair, and service carbon
648 dioxide CO2 systems, foam extinguishing systems, dry chemical
649 systems, and Halon and other chemical systems, excluding
650 preengineered systems.
651 (d) “Contractor IV” means a contractor whose business is
652 limited to the execution of contracts requiring the ability to
653 lay out, fabricate, install, inspect, alter, repair, and service
654 automatic fire sprinkler systems for detached one-family
655 dwellings, detached two-family dwellings, and mobile homes,
656 excluding preengineered systems and excluding single-family
657 homes in cluster units, such as apartments, condominiums, and
658 assisted living facilities or any building that is connected to
659 other dwellings. A Contractor IV is limited to the scope of
660 practice specified in NFPA 13D.
661 (e) “Contractor V” means a contractor whose business is
662 limited to the execution of contracts requiring the ability to
663 fabricate, install, inspect, alter, repair, and service the
664 underground piping for a fire protection system using water as
665 the extinguishing agent beginning at the point of service as
666 defined in this act and ending no more than 1 foot above the
667 finished floor.
668
669 The definitions in this subsection may must not be construed to
670 include fire protection engineers or architects and do not limit
671 or prohibit a licensed fire protection engineer or architect
672 with fire protection design experience from designing any type
673 of fire protection system. A distinction is made between system
674 design concepts prepared by the design professional and system
675 layout as defined in this section and typically prepared by the
676 contractor. However, a person persons certified as a Contractor
677 I, Contractor II, or Contractor IV under this chapter may design
678 fire protection systems of 49 or fewer sprinklers, and may
679 design the alteration of an existing fire sprinkler system if
680 the alteration consists of the relocation, addition, or deletion
681 of not more than 49 sprinklers, notwithstanding the size of the
682 existing fire sprinkler system. A person certified as a
683 Contractor I, Contractor II, or Contractor IV may design a fire
684 protection system the scope of which complies with NFPA 13D,
685 Standard for the Installation of Sprinkler Systems in One- and
686 Two-Family Dwellings and Manufactured Homes, as adopted by the
687 State Fire Marshal, notwithstanding the number of fire
688 sprinklers. Contractor-developed plans may not be required by
689 any local permitting authority to be sealed by a registered
690 professional engineer.
691 (4) “Department” means the Department of Financial
692 Services.
693 (5) “Division” means the Division of State Fire Marshal
694 within the Department of Financial Services.
695 (6) “Explosives” means any chemical compound or mixture
696 that has the property of yielding readily to combustion or
697 oxidation upon the application of heat, flame, or shock and is
698 capable of producing an explosion and is commonly used for that
699 purpose, including but not limited to dynamite, nitroglycerin,
700 trinitrotoluene, ammonium nitrate when combined with other
701 ingredients to form an explosive mixture, blasting caps, and
702 detonators; but the term does not include cartridges for
703 firearms or fireworks as defined in chapter 791.
704 (7)(a) “Fire equipment dealer Class A” means a licensed
705 fire equipment dealer whose business is limited to servicing,
706 recharging, repairing, installing, or inspecting all types of
707 fire extinguishers and conducting hydrostatic tests on all types
708 of fire extinguishers.
709 (b) “Fire equipment dealer Class B” means a licensed fire
710 equipment dealer whose business is limited to servicing,
711 recharging, repairing, installing, or inspecting all types of
712 fire extinguishers, including recharging carbon dioxide units
713 and conducting hydrostatic tests on all types of fire
714 extinguishers, except carbon dioxide units.
715 (c) “Fire equipment dealer Class C” means a licensed fire
716 equipment dealer whose business is limited to servicing,
717 recharging, repairing, installing, or inspecting all types of
718 fire extinguishers, except recharging carbon dioxide units, and
719 conducting hydrostatic tests on all types of fire extinguishers,
720 except carbon dioxide units.
721 (d) “Fire equipment dealer Class D” means a licensed fire
722 equipment dealer whose business is limited to servicing,
723 recharging, repairing, installing, hydrotesting, or inspecting
724 of all types of preengineered fire extinguishing systems.
725 (8) A “Fire extinguisher” means is a cylinder that:
726 (a) Is portable and can be carried or is on wheels.
727 (b) Is manually operated.
728 (c) May use a variety of extinguishing agents that are
729 expelled under pressure.
730 (d) Is rechargeable or nonrechargeable.
731 (e) Is installed, serviced, repaired, recharged, inspected,
732 and hydrotested according to applicable procedures of the
733 manufacturer, standards of the National Fire Protection
734 Association, and the Code of Federal Regulations.
735 (f) Is listed by a nationally recognized testing
736 laboratory.
737 (9) “Firefighter” means an individual who holds a current
738 and valid Firefighter Certificate of Compliance or Special
739 Certificate of Compliance issued by the division under s.
740 633.408.
741 (10) “Fire service support personnel” means an individual
742 who does not hold a current and valid certificate issued by the
743 division and who may only perform support services.
744 (11)(9) A “Fire hydrant” means is a connection to a water
745 main, elevated water tank, or other source of water for the
746 purpose of supplying water to a fire hose or other fire
747 protection apparatus for fire suppression operations. The term
748 does not include a fire protection system.
749 (12)(10) A “Fire protection system” means is a system
750 individually designed to protect the interior or exterior of a
751 specific building or buildings, structure, or other special
752 hazard from fire. Such systems include, but are not limited to,
753 water sprinkler systems, water spray systems, foam-water
754 sprinkler systems, foam-water spray systems, carbon dioxide CO2
755 systems, foam extinguishing systems, dry chemical systems, and
756 Halon and other chemical systems used for fire protection use.
757 Such systems also include any overhead and underground fire
758 mains, fire hydrants and hydrant mains, standpipes and hoses
759 connected to sprinkler systems, sprinkler tank heaters, air
760 lines, thermal systems used in connection with fire sprinkler
761 systems, and tanks and pumps connected to fire sprinkler
762 systems.
763 (13)(11) A “Firesafety inspector” means is an individual
764 who holds a current and valid Fire Safety Inspector Certificate
765 of Compliance issued certified by the division State Fire
766 Marshal under s. 633.216 s. 633.081 who is officially assigned
767 the duties of conducting firesafety inspections of buildings and
768 facilities on a recurring or regular basis on behalf of the
769 state or any county, municipality, or special district with fire
770 safety responsibilities.
771 (14) “Fire service provider” means a municipality or
772 county, the state, or any political subdivision of the state,
773 including authorities and special districts, employing
774 firefighters or utilizing volunteer firefighters to provide fire
775 extinguishment or fire prevention services for the protection of
776 life and property. The term includes any organization under
777 contract or other agreement with such entity to provide such
778 services.
779 (15)(12) “Handling” means touching, holding, taking up,
780 moving, controlling, or otherwise affecting with the hand or by
781 any other agency.
782 (13)(a) For the purposes of s. 633.085(1), the term “high
783 hazard occupancy” means any building or structure:
784 1. That contains combustible or explosive matter or
785 flammable conditions dangerous to the safety of life or
786 property.
787 2. In which persons receive educational instruction.
788 3. In which persons reside, excluding private dwellings.
789 4. Containing three or more floor levels.
790
791 Such buildings or structures include, but are not limited to,
792 all hospitals and residential health care facilities, nursing
793 homes and other adult care facilities, correctional or detention
794 facilities, public schools, public lodging establishments,
795 migrant labor camps, residential child care facilities, and
796 self-service gasoline stations.
797 (b) For the purposes of this subsection, the term “high
798 hazard occupancy” does not include any residential condominium
799 where the declaration of condominium or the bylaws provide that
800 the rental of units shall not be permitted for less than 90
801 days.
802 (16)(14) “Highway” means every way or place of whatever
803 nature within the state open to the use of the public, as a
804 matter of right, for purposes of vehicular traffic and includes
805 public streets, alleys, roadways, or driveways upon grounds of
806 colleges, universities, and institutions and other ways open to
807 travel by the public, notwithstanding that the same have been
808 temporarily closed for the purpose of construction,
809 reconstruction, maintenance, or repair. The term does not
810 include a roadway or driveway upon grounds owned by a private
811 person.
812 (17) “Hot zone” means the area immediately around an
813 incident where serious threat of harm exists, which includes the
814 collapse zone for a structure fire.
815 (18)(15) “Keeping” means possessing, holding, retaining,
816 maintaining, or having habitually in stock for sale.
817 (19)(16) “Layout” as used in this chapter means the layout
818 of risers, cross mains, branch lines, sprinkler heads, sizing of
819 pipe, hanger locations, and hydraulic calculations in accordance
820 with the design concepts established through the provisions of
821 the Responsibility Rules adopted by the Board of Professional
822 Engineers.
823 (20)(17) “Manufacture” means the compounding, combining,
824 producing, or making of anything or the working of anything by
825 hand, by machinery, or by any other agency into forms suitable
826 for use.
827 (21)(18) A “Minimum firesafety standard” means is a
828 requirement or group of requirements adopted pursuant to s.
829 633.208 633.025 by a county, municipality, or special district
830 with firesafety responsibilities, or by the State Fire Marshal
831 pursuant to s. 394.879, for the protection of life and property
832 from loss by fire which shall be met, as a minimum, by every
833 occupancy, facility, building, structure, premises, device, or
834 activity to which it applies.
835 (22) “Minimum Standards Course” means training of at least
836 360 hours as prescribed by rule adopted by the division which is
837 required to obtain a Firefighter Certificate of Compliance under
838 s. 633.408.
839 (23)(19) “Motor vehicle” means any device propelled by
840 power other than muscular power in, upon, or by which any
841 individual person or property is or may be transported or drawn
842 upon a highway, except a device moved or used exclusively upon
843 stationary rails or tracks.
844 (24)(20) “Point-of-service” means the point at which the
845 underground piping for a fire protection system as defined in
846 this section using water as the extinguishing agent becomes used
847 exclusively for the fire protection system.
848 (25)(21)(a) A “Preengineered system” means is a fire
849 suppression system which:
850 1. Uses any of a variety of extinguishing agents.
851 2. Is designed to protect specific hazards.
852 3. Must be installed according to pretested limitations and
853 configurations specified by the manufacturer and applicable
854 National Fire Protection Association (NFPA) standards. Only
855 those chapters within the National Fire Protection Association
856 standards which that pertain to servicing, recharging,
857 repairing, installing, hydrotesting, or inspecting any type of
858 preengineered fire extinguishing system may be used.
859 4. Must be installed using components specified by the
860 manufacturer or components that are listed as equal parts by a
861 nationally recognized testing laboratory such as Underwriters
862 Laboratories, Inc., or Factory Mutual Laboratories, Inc.
863 5. Must be listed by a nationally recognized testing
864 laboratory.
865 (b) Preengineered systems consist of and include all of the
866 components and parts providing fire suppression protection, but
867 do not include the equipment being protected, and may
868 incorporate special nozzles, flow rates, methods of application,
869 pressurization levels, and quantities of agents designed by the
870 manufacturer for specific hazards.
871 (26)(22) “Private carrier” means a any motor vehicle,
872 aircraft, or vessel operating intrastate in which there is
873 identity of ownership between freight and carrier.
874 (27)(23) “Sale” means the act of selling; the act whereby
875 the ownership of property is transferred from one person to
876 another for a sum of money or, loosely, for any consideration.
877 The term includes the delivery of merchandise with or without
878 consideration.
879 (28)(24) “Special state firesafety inspector” means an
880 individual officially assigned to the duties of conducting
881 firesafety inspections required by law on behalf of or by an
882 agency of the state having authority for inspections other than
883 the division of State Fire Marshal.
884 (29)(25) A “Sprinkler system” means is a type of fire
885 protection system, either manual or automatic, using water as an
886 extinguishing agent and installed in accordance with applicable
887 National Fire Protection Association standards.
888 (30)(26) “Storing” means accumulating, laying away, or
889 depositing for preservation or as a reserve fund in a store,
890 warehouse, or other source from which supplies may be drawn or
891 within which they may be deposited. The term is limited in
892 meaning and application to storage having a direct relationship
893 to transportation.
894 (31) “Support services” means those activities that a fire
895 service provider has trained an individual to perform safely
896 outside the hot zone of an emergency scene, including pulling
897 hoses, opening and closing fire hydrants, driving and operating
898 apparatus, carrying tools, carrying or moving equipment,
899 directing traffic, manning a resource pool, or similar
900 activities.
901 (32) “Suspension” means the temporary withdrawal of a
902 license, certificate, or permit issued pursuant to this chapter.
903 (33)(27) “Transportation” means the conveying or carrying
904 of property from one place to another by motor vehicle (except a
905 motor vehicle subject to the provisions of s. 316.302),
906 aircraft, or vessel, subject to such limitations as are set
907 forth in s. 552.12, in which only the motor vehicles, aircraft,
908 or vessels of the Armed Forces and other federal agencies are
909 specifically exempted.
910 (34)(28) A “Uniform firesafety standard” means is a
911 requirement or group of requirements for the protection of life
912 and property from loss by fire which shall be met by every
913 building and structure specified in s. 633.206 633.022(1), and
914 is not neither weakened or nor exceeded by law, rule, or
915 ordinance of any other state agency or political subdivision or
916 county, municipality, or special district with firesafety
917 responsibilities.
918 (35)(29) “Use” means application, employment; that
919 enjoyment of property which consists of its employment,
920 occupation, exercise, or practice.
921 (36) “Volunteer firefighter” means an individual who holds
922 a current and valid Volunteer Firefighter Certificate of
923 Completion issued by the division under s. 633.408.
924 Section 3. Section 633.01, Florida Statutes, is transferred
925 and renumbered as section 633.104, Florida Statutes, subsections
926 (1), (3), (5), (6), and (7) of that section are amended, and
927 subsections (8) and (9) are added to that section, to read:
928 633.104 633.01 State Fire Marshal; authority; powers and
929 duties; rules.—
930 (1) The Chief Financial Officer is designated as “State
931 Fire Marshal.” The State Fire Marshal has authority to adopt
932 rules pursuant to ss. 120.536(1) and 120.54 to implement the
933 provisions of this chapter conferring powers or duties upon the
934 department. Rules must shall be in substantial conformity with
935 generally accepted standards of firesafety; must shall take into
936 consideration the direct supervision of children in
937 nonresidential child care facilities; and must shall balance and
938 temper the need of the State Fire Marshal to protect all
939 Floridians from fire hazards with the social and economic
940 inconveniences that may be caused or created by the rules. The
941 department shall adopt the Florida Fire Prevention Code and the
942 Life Safety Code.
943 (3) The State Fire Marshal shall establish by rule
944 guidelines and procedures for quadrennial triennial renewal of
945 firesafety inspector requirements for certification.
946 (5) It is the intent of the Legislature that there are to
947 be no conflicting requirements between the Florida Fire
948 Prevention Code and the Life Safety Code authorized by this
949 chapter and the provisions of the Florida Building Code or
950 conflicts in their enforcement and interpretation. Potential
951 conflicts shall be resolved through coordination and cooperation
952 of the State Fire Marshal and the Florida Building Commission as
953 provided by this chapter and part IV of chapter 553.
954 (6) Only the State Fire Marshal may issue, and, when
955 requested in writing by any substantially affected person or a
956 local enforcing agency, the State Fire Marshal shall issue
957 declaratory statements pursuant to s. 120.565 relating to the
958 Florida Fire Prevention Code and the Life Safety Code.
959 (7) The State Fire Marshal, in consultation with the
960 Department of Education, shall adopt and administer rules
961 prescribing standards for the safety and health of occupants of
962 educational and ancillary facilities pursuant to ss. 633.206
963 633.022, 1013.12, 1013.37, and 1013.371. In addition, in any
964 county, municipality, or special district that does not employ
965 or appoint a firesafety inspector certified under s. 633.216
966 633.081, the State Fire Marshal shall assume the duties of the
967 local county, municipality, or independent special fire control
968 district as defined in s. 191.003 with respect to firesafety
969 inspections of educational property required under s.
970 1013.12(3)(b), and the State Fire Marshal may take necessary
971 corrective action as authorized under s. 1013.12(7).
972 (8) The State Fire Marshal or her or his duly appointed
973 hearing officer may administer oaths and take testimony about
974 all matters within the jurisdiction of this chapter. Chapter 120
975 governs hearings conducted by or on behalf of the State Fire
976 Marshal.
977 (9) The State Fire Marshal may contract with any qualified
978 public entity or private company in accordance with chapter 287
979 to provide examinations for any applicant for any examination
980 administered under the jurisdiction of the State Fire Marshal.
981 The State Fire Marshal may direct payments from each applicant
982 for each examination directly to such contracted entity or
983 company.
984 Section 4. Section 633.163, Florida Statutes, is
985 transferred, renumbered as section 633.106, Florida Statutes,
986 and amended to read:
987 633.106 633.163 State Fire Marshal; disciplinary authority;
988 administrative fine and probation in lieu of suspension,
989 revocation, or refusal to issue a license, permit, or
990 certificate.—
991 (1) The State Fire Marshal may deny, suspend, or revoke the
992 license, certificate, or permit of any individual who does not
993 meet the qualifications established by, or who violates any
994 provision under, this chapter or any rule authorized by this
995 chapter.
996 (2)(1) If the State Fire Marshal finds that one or more
997 grounds exist for the suspension, revocation, or refusal to
998 issue, renew, or continue any license, certificate, or permit
999 issued under this chapter, the State Fire Marshal may, in its
1000 discretion, in lieu of the suspension, revocation, or refusal to
1001 issue, renew, or continue, and, except on a second offense or
1002 when the suspension, revocation, or refusal to issue, renew, or
1003 continue is mandatory, impose upon the licensee,
1004 certificateholder, or permittee one or more of the following:
1005 (a) An administrative fine not to exceed $1,000 for each
1006 violation, and not to exceed a total of $10,000 in any one
1007 proceeding.
1008 (b) Probation for a period not to exceed 2 years, as
1009 specified by the State Fire Marshal in her or his order.
1010 (3)(2) The State Fire Marshal may allow the licensee,
1011 certificateholder, or permittee a reasonable period, not to
1012 exceed 30 days, within which to pay to the State Fire Marshal
1013 the amount of the fine. If the licensee, certificateholder, or
1014 permittee fails to pay the administrative fine in its entirety
1015 to the State Fire Marshal within such period, the license,
1016 permit, or certificate shall stand suspended until payment of
1017 the administrative fine.
1018 (4) As a condition to probation or in connection therewith,
1019 the State Fire Marshal may specify in her or his order
1020 reasonable terms and conditions to be fulfilled by the
1021 probationer during the probation period. If during the probation
1022 period the State Fire Marshal has good cause to believe that the
1023 probationer has violated any of the terms and conditions, she or
1024 he shall suspend, revoke, or refuse to issue, renew, or continue
1025 the license, certificate, or permit of the probationer, as upon
1026 the original ground or grounds referred to in subsection (2).
1027 Section 5. Section 633.15, Florida Statutes, is transferred
1028 and renumbered as section 633.108, Florida Statutes.
1029 Section 6. Section 633.101, Florida Statutes, is
1030 transferred, renumbered as section 633.112, Florida Statutes,
1031 and amended to read:
1032 633.112 633.101 State Fire Marshal; hearings;
1033 investigations; recordkeeping and reports; subpoenas of
1034 witnesses; orders of circuit court investigatory powers of State
1035 Fire Marshal; costs of service and witness fees.—
1036 (1) The State Fire Marshal may in his or her discretion
1037 take or cause to be taken the testimony on oath of a person all
1038 persons whom he or she believes to be cognizant of any facts in
1039 relation to matters under investigation.
1040 (2) If the State Fire Marshal is shall be of the opinion
1041 that there is sufficient evidence to charge a any person with an
1042 offense, he or she must shall cause the arrest of such person
1043 and must shall furnish to the prosecuting officer of any court
1044 having jurisdiction of the said offense all information obtained
1045 by him or her, including a copy of all pertinent and material
1046 testimony taken, together with the names and addresses of all
1047 witnesses. In the conduct of such investigations, the State Fire
1048 Marshal may request such assistance as may reasonably be given
1049 by such prosecuting officers and other local officials.
1050 (3) The State Fire Marshal may summon and compel the
1051 attendance of witnesses before him or her to testify in relation
1052 to any matter manner which is, by the provisions of this
1053 chapter, a subject of inquiry and investigation, and he or she
1054 may require the production of any book, paper, or document
1055 deemed pertinent thereto by him or her, and may seize furniture
1056 and other personal property to be held for evidence.
1057 (4) A person All persons so summoned and so testifying
1058 shall be entitled to the same witness fees and mileage as
1059 provided for witnesses testifying in the circuit courts of this
1060 state, and officers serving subpoenas or orders of the State
1061 Fire Marshal shall be paid in like manner for like services in
1062 such courts, from the funds herein provided.
1063 (5) Any agent designated by the State Fire Marshal for such
1064 purposes, may hold hearings, sign and issue subpoenas,
1065 administer oaths, examine witnesses, receive evidence, and
1066 require by subpoena the attendance and testimony of witnesses
1067 and the production of such accounts, records, memoranda, or
1068 other evidence, as may be material for the determination of any
1069 complaint or conducting any inquiry or investigation under this
1070 chapter. In the case of disobedience to a subpoena, the State
1071 Fire Marshal or her or his agent may invoke the aid of any court
1072 of competent jurisdiction in requiring the attendance and
1073 testimony of witnesses and the production of accounts, records,
1074 memoranda, or other evidence and any such court may in case of
1075 refusal to obey a subpoena issued to a person, issue an order
1076 requiring the person to appear before the State Fire Marshal’s
1077 agent or produce accounts, records, memoranda, or other
1078 evidence, as so ordered, or to give evidence touching any matter
1079 pertinent to any complaint or the subject of any inquiry or
1080 investigation, and any failure to obey such order of the court
1081 shall be punished by the court as contempt.
1082 (6) The State Fire Marshal shall investigate the cause,
1083 origin, and circumstances of every fire or explosion occurring
1084 in this state if property has been damaged or destroyed and
1085 there is probable cause to believe that the fire or explosion
1086 was the result of carelessness or design. Report of all such
1087 investigations shall be made on approved forms.
1088 Section 7. Section 633.111, Florida Statutes, is
1089 transferred, renumbered as subsections (7) and (8) of section
1090 633.112, Florida Statutes, and amended to read:
1091 633.112 State Fire Marshal; hearings; investigations;
1092 recordkeeping and reports; subpoenas of witnesses; orders of
1093 circuit court investigatory powers of State Fire Marshal; costs
1094 of service and witness fees.—
1095 (7) The State Fire Marshal shall keep in her or his office
1096 a record of all fires and explosions occurring in this state
1097 upon which she or he had caused an investigation to be made and
1098 all facts concerning the same. These records, obtained or
1099 prepared by the State Fire Marshal pursuant to her or his
1100 investigation, include documents, papers, letters, maps,
1101 diagrams, tapes, photographs, films, sound recordings, and
1102 evidence. These records are confidential and exempt from the
1103 provisions of s. 119.07(1) until the investigation is completed
1104 or ceases to be active. For purposes of this section, an
1105 investigation is considered “active” while such investigation is
1106 being conducted by the department with a reasonable, good faith
1107 belief that it may lead to the filing of administrative, civil,
1108 or criminal proceedings. An investigation does not cease to be
1109 active if the department is proceeding with reasonable dispatch,
1110 and there is a good faith belief that action may be initiated by
1111 the department or other administrative or law enforcement
1112 agency. Further, these documents, papers, letters, maps,
1113 diagrams, tapes, photographs, films, sound recordings, and
1114 evidence relative to the subject of an investigation shall not
1115 be subject to subpoena until the investigation is completed or
1116 ceases to be active, unless the State Fire Marshal consents.
1117 These records shall be made daily from the reports furnished the
1118 State Fire Marshal by her or his agents or others.
1119 (8) Whenever the State Fire Marshal releases an
1120 investigative report, any person requesting a copy of the report
1121 shall pay in advance, and the State Fire Marshal shall collect
1122 in advance, notwithstanding the provisions of s. 624.501(19)(a)
1123 and (b), a fee of $10 for the copy of the report, which fee
1124 shall be deposited into the Insurance Regulatory Trust Fund. The
1125 State Fire Marshal may release the report without charge to any
1126 state attorney or to any law enforcement agency or fire
1127 department assisting in the investigation.
1128 Section 8. Section 633.02, Florida Statutes, is
1129 transferred, renumbered as section 633.114, Florida Statutes,
1130 and amended to read:
1131 633.114 633.02 State Fire Marshal agents Agents; authority;
1132 powers and duties; compensation.—
1133 (1) The State Fire Marshal shall appoint such agents as may
1134 be necessary to carry out effectively the provisions of this
1135 chapter, who shall be reimbursed for travel expenses as provided
1136 in s. 112.061, in addition to their salary, when traveling or
1137 making investigations in the performance of their duties. Such
1138 agents shall be at all times under the direction and control of
1139 the State Fire Marshal, who shall fix their compensation, and
1140 all orders shall be issued in the State Fire Marshal’s name and
1141 by her or his authority.
1142 (2) The authority given the State Fire Marshal under this
1143 chapter may be exercised by her or his agents, individually or
1144 in conjunction with any other state or local official charged
1145 with similar responsibilities.
1146 Section 9. Section 633.14, Florida Statutes, is transferred
1147 and renumbered as section 633.116, Florida Statutes.
1148 Section 10. Section 633.121, Florida Statutes, is
1149 transferred, renumbered as section 633.118, Florida Statutes,
1150 and amended to read:
1151 633.118 633.121 Persons authorized to enforce laws and
1152 rules of State Fire Marshal.—The chiefs of county, municipal,
1153 and special-district fire service providers departments; other
1154 fire service provider department personnel designated by their
1155 respective chiefs; and personnel designated by local governments
1156 having no organized fire service providers departments are
1157 authorized to enforce this chapter law and all rules prescribed
1158 by the State Fire Marshal within their respective jurisdictions.
1159 Such personnel acting under the authority of this section shall
1160 be deemed to be agents of their respective jurisdictions, not
1161 agents of the State Fire Marshal.
1162 Section 11. Section 633.151, Florida Statutes, is
1163 transferred, renumbered as section 633.122, Florida Statutes,
1164 and amended to read:
1165 633.122 633.151 Impersonating State Fire Marshal,
1166 firefighter firefighters, volunteer firefighter, or firesafety
1167 inspector; criminal penalties.—A person who falsely assumes or
1168 pretends to be the State Fire Marshal, an agent of the division
1169 of State Fire Marshal, a firefighter as defined in s. 112.81, a
1170 volunteer firefighter, or a firesafety inspector by identifying
1171 himself or herself as the State Fire Marshal, an agent of the
1172 division, a firefighter, a volunteer firefighter, or a
1173 firesafety inspector by wearing a uniform or presenting or
1174 displaying a badge as credentials that would cause a reasonable
1175 person to believe that he or she is a State Fire Marshal, an
1176 agent of the division, a firefighter, a volunteer firefighter,
1177 or firesafety inspector commits and who acts as such to require
1178 a person to aid or assist him or her in any matter relating to
1179 the duties of the State Fire Marshal, an agent of the division,
1180 a firefighter, or a firesafety inspector is guilty of a felony
1181 of the third degree, punishable as provided in ss. 775.082 and
1182 775.083 or, if the impersonation occurs during the commission of
1183 a separate felony by that person, commits is guilty of a felony
1184 of the first degree, punishable as provided in ss. 775.082 and
1185 775.083.
1186 Section 12. Section 633.171, Florida Statutes, is
1187 transferred and renumbered as section 633.124, Florida Statutes,
1188 and subsections (1) and (2) and paragraph (b) of subsection (3)
1189 of that section are amended, to read:
1190 633.124 633.171 Penalty for violation of law, rule, or
1191 order to cease and desist or for failure to comply with
1192 corrective order.—
1193 (1) A Any person who violates any provision of this chapter
1194 law, any order or rule of the State Fire Marshal, or any order
1195 to cease and desist or to correct conditions issued under this
1196 chapter commits a misdemeanor of the second degree, punishable
1197 as provided in s. 775.082 or s. 775.083.
1198 (2) It is a misdemeanor of the first degree, punishable as
1199 provided in s. 775.082 or s. 775.083, to intentionally or
1200 willfully:
1201 (a) Render a fire protection system, fire extinguisher, or
1202 preengineered system required by statute or by rule inoperative
1203 except while during such time as the fire protection system,
1204 fire extinguisher, or preengineered system is being serviced,
1205 hydrotested, tested, repaired, or recharged, except pursuant to
1206 court order.
1207 (b) Obliterate the serial number on a fire extinguisher for
1208 purposes of falsifying service records.
1209 (c) Improperly service, recharge, repair, hydrotest, test,
1210 or inspect a fire extinguisher or preengineered system.
1211 (d) Use the license, certificate, or permit number of
1212 another person.
1213 (e) Hold a license, certificate, or permit and allow
1214 another person to use the license, certificate, or said permit
1215 number.
1216 (f) Use, or allow permit the use of, any license,
1217 certificate, or permit by any individual or organization other
1218 than the one to whom the license, certificate, or permit is
1219 issued.
1220 (3)
1221 (b) A person who initiates a pyrotechnic display within any
1222 structure commits a felony of the third degree, punishable as
1223 provided in s. 775.082, s. 775.083, or s. 775.084, unless:
1224 1. The structure has a fire protection system installed in
1225 compliance with s. 633.334 633.065.
1226 2. The owner of the structure has authorized in writing the
1227 pyrotechnic display.
1228 3. If the local jurisdiction requires a permit for the use
1229 of a pyrotechnic display in an occupied structure, such permit
1230 has been obtained and all conditions of the permit complied with
1231 or, if the local jurisdiction does not require a permit for the
1232 use of a pyrotechnic display in an occupied structure, the
1233 person initiating the display has complied with National Fire
1234 Protection Association, Inc., Standard 1126, 2001 Edition,
1235 Standard for the Use of Pyrotechnics before a Proximate
1236 Audience.
1237 Section 13. Section 633.175, Florida Statutes, is
1238 transferred and renumbered as section 633.126, Florida Statutes,
1239 and subsections (1), (2), (3), (6), and (9) of that section are
1240 amended, to read:
1241 633.126 633.175 Investigation of fraudulent insurance
1242 claims and crimes; immunity of insurance companies supplying
1243 information.—
1244 (1)(a) As used in this section, the term “consultant” means
1245 any individual or entity, or employee of the individual or
1246 entity, retained by an insurer to assist in the investigation of
1247 a fire, explosion, or suspected fraudulent insurance act.
1248 (b) The State Fire Marshal or an agent appointed pursuant
1249 to s. 633.114 633.02, any law enforcement officer as defined in
1250 s. 111.065, any law enforcement officer of a federal agency, or
1251 any fire service provider department official who is engaged in
1252 the investigation of a fire or explosion loss may request any
1253 insurance company or its agent, adjuster, employee, or attorney,
1254 investigating a claim under an insurance policy or contract with
1255 respect to a fire or explosion to release any information
1256 whatsoever in the possession of the insurance company or its
1257 agent, adjuster, employee, or attorney relative to a loss from
1258 that fire or explosion. The insurance company shall release the
1259 available information to and cooperate with any official
1260 authorized to request such information pursuant to this section.
1261 The information shall include, but shall not be limited to:
1262 1.(a) Any insurance policy relevant to a loss under
1263 investigation and any application for such a policy.
1264 2.(b) Any policy premium payment records.
1265 3.(c) The records, reports, and all material pertaining to
1266 any previous claims made by the insured with the reporting
1267 company.
1268 4.(d) Material relating to the investigation of the loss,
1269 including statements of a any person, proof of loss, and other
1270 relevant evidence.
1271 5.(e) Memoranda, notes, and correspondence relating to the
1272 investigation of the loss in the possession of the insurance
1273 company or its agents, adjusters, employees, or attorneys.
1274 (2) If an insurance company has reason to suspect that a
1275 fire or explosion loss to its insured’s real or personal
1276 property was caused by intentional incendiary means, the company
1277 shall notify the State Fire Marshal and shall furnish her or him
1278 with all material acquired by the company during the course of
1279 its investigation. The State Fire Marshal may adopt rules to
1280 implement this subsection.
1281 (3) In the absence of fraud, bad faith, or malice, a no
1282 representative of or consultant to an insurance company or of
1283 the National Insurance Crime Bureau employed to adjust or
1284 investigate losses caused by fire or explosion is not shall be
1285 liable for damages in a civil action for furnishing information
1286 concerning fires or explosion suspected to be other than
1287 accidental to investigators employed by other insurance
1288 companies or the National Insurance Crime Bureau.
1289 (6) The actions of an insurance company or of its agents,
1290 employees, adjusters, consultants, or attorneys, in complying
1291 with the statutory obligation of this section may not shall in
1292 no way be construed by a court as a waiver or abandonment of any
1293 privilege or confidentiality of attorney work product, attorney
1294 client communication, or such other privilege or immunity as is
1295 provided by law.
1296 (9) A Any person who willfully violates the provisions of
1297 this section commits is guilty of a misdemeanor of the first
1298 degree, punishable as provided in s. 775.082 or s. 775.083.
1299 Section 14. Section 633.45, Florida Statutes, is
1300 transferred, renumbered as section 633.128, Florida Statutes,
1301 and amended to read:
1302 633.128 633.45 Division of State Fire Marshal; powers,
1303 duties.—
1304 (1) The division shall:
1305 (a) Establish, by rule, uniform minimum standards for the
1306 employment and training of firefighters and volunteer
1307 firefighters.
1308 (b) Establish, by rule, minimum curriculum requirements and
1309 criteria used to approve education or training providers,
1310 including for schools operated by or for any fire service
1311 provider, employing agency for the specific purpose of training
1312 individuals seeking to become a firefighter recruits or
1313 volunteer firefighter firefighters.
1314 (c) Specify, by rule, standards for the approval, denial of
1315 approval, probation, suspension, and revocation of approval of
1316 education or training providers and facilities for training
1317 firefighters and volunteer firefighters Approve institutions,
1318 instructors, and facilities for school operation by or for any
1319 employing agency for the specific purpose of training
1320 firefighters and firefighter recruits.
1321 (d) Specify, by rule, standards for the certification,
1322 denial of certification, probation, and revocation of
1323 certification for instructors, approval, denial of approval,
1324 probation, and revocation of approval of institutions,
1325 instructors, and facilities for training firefighters and
1326 firefighter recruits; including a rule requiring each that an
1327 instructor to must complete 40 hours of continuing education
1328 every 4 3 years in order to maintain her or his certification
1329 the approval of the department.
1330 (e) Issue certificates of competency to persons who, by
1331 reason of experience and completion of basic inservice training,
1332 advanced education, or specialized training, are especially
1333 qualified for particular aspects or classes of firefighting
1334 firefighter duties.
1335 (f) Establish, by rule, minimum training qualifications for
1336 persons serving as firesafety coordinators for their respective
1337 departments of state government and certify all persons who
1338 satisfy such qualifications.
1339 (g) Establish a uniform lesson plan to be followed by
1340 firesafety instructors in the training of state employees in
1341 firesafety and emergency evacuation procedures.
1342 (h) Have complete jurisdiction over, and complete
1343 management and control of, the Florida State Fire College and be
1344 invested with full power and authority to make all rules and
1345 regulations necessary for the governance of the said
1346 institution.
1347 (i) Appoint a superintendent of the Florida State Fire
1348 College and such other instructors, experimental helpers, and
1349 laborers as may be necessary and remove the same as in the
1350 division’s its judgment and discretion may be best, fix their
1351 compensation, and provide for their payment.
1352 (j) Have full management, possession, and control of the
1353 lands, buildings, structures, and property belonging to the
1354 Florida State Fire College.
1355 (k) Provide for the courses of study and curriculum of the
1356 Florida State Fire College.
1357 (l) Make rules and regulations for the admission of
1358 trainees to the Florida State Fire College.
1359 (m) Visit and inspect the Florida State Fire College and
1360 every department thereof and provide for the proper keeping of
1361 accounts and records thereof.
1362 (n) Make and prepare all necessary budgets of expenditures
1363 for the enlargement, proper furnishing, maintenance, support,
1364 and conduct of the Florida State Fire College.
1365 (o) Select and purchase all property, furniture, fixtures,
1366 and paraphernalia necessary for the Florida State Fire College.
1367 (p) Build, construct, change, enlarge, repair, and maintain
1368 any and all buildings or structures of the Florida State Fire
1369 College that may at any time be necessary for the said
1370 institution and purchase and acquire all lands and property
1371 necessary for same, of every nature and description whatsoever.
1372 (q) Care for and maintain the Florida State Fire College
1373 and do and perform every other matter or thing requisite to the
1374 proper management, maintenance, support, and control of the said
1375 institution, necessary or requisite to carry out fully the
1376 purpose of this chapter act and for raising it to, and
1377 maintaining it at, the proper efficiency and standard as
1378 required in and by part IV the provisions of ss. 633.43-633.49.
1379 (r) Issue a license, certificate, or permit of a specific
1380 class to an individual who successfully completes the training,
1381 education, and examination required under this chapter or by
1382 rule for such class of license, certificate, or permit.
1383 (2) The division, subject to the limitations and
1384 restrictions elsewhere herein imposed in this chapter, may:
1385 (a) Adopt rules and regulations for the administration of
1386 this chapter ss. 633.30-633.49 pursuant to chapter 120.
1387 (b) Adopt a seal and alter the same at its pleasure.
1388 (c) Sue and be sued.
1389 (d) Acquire any real or personal property by purchase,
1390 gift, or donation, and have water rights.
1391 (e) Exercise the right of eminent domain to acquire any
1392 property and lands necessary to the establishment, operation,
1393 and expansion of the Florida State Fire College.
1394 (f) Make contracts and execute necessary or convenient
1395 instruments.
1396 (g) Undertake by contract or contracts, or by its own agent
1397 and employees, and otherwise than by contract, any project or
1398 projects, and operate and maintain such projects.
1399 (h) Accept grants of money, materials, or property of any
1400 kind from a federal agency, private agency, county,
1401 municipality, city, town, corporation, partnership, or
1402 individual upon such terms and conditions as the grantor may
1403 impose.
1404 (i) Perform all acts and do all things necessary or
1405 convenient to carry out the powers granted herein and the
1406 purposes of this chapter ss. 633.30-633.49.
1407 (3) The title to all property referred to in part IV ss.
1408 633.43-633.49, however acquired, shall be vested in the
1409 department and shall only be transferred and conveyed by it.
1410 Section 15. Section 633.132, Florida Statutes, is created
1411 to read:
1412 633.132 Fees.—
1413 (1) The division shall collect in advance the following
1414 fees that it deems necessary to be charged:
1415 (a) Pursuant to part III of this chapter:
1416 1. Contractor certificate initial application: $300 for
1417 each class of certificate.
1418 2. Contractor biennial renewal fee: $150 for each class of
1419 certificate.
1420 3. Contractor permit initial application fee: $100 for each
1421 class of permit.
1422 4. Contractor permit biennial renewal fee: $50 for each
1423 class of permit.
1424 5. Contractor examination or reexamination fee: $100 for
1425 each class of certificate.
1426 6. Fire equipment dealer license:
1427 a. Class A: $250.
1428 b. Class B: $150.
1429 c. Class C: $150.
1430 d. Class D: $200.
1431 7. Fire equipment dealer or contractor application and
1432 renewal fee for an inactive license: $75.
1433 8. Fire equipment dealer license or permit exam or
1434 reexamination: $50.
1435 9. Reinspection fee for a dealer equipment inspection
1436 conducted by the State Fire Marshal under s. 633.304(1): $50 for
1437 each reinspection.
1438 10. Permit for a portable fire extinguisher
1439 installer/repairer/inspector: $90.
1440 11. Permit for a preengineered fire extinguishing system
1441 installer/repairer/inspector: $120.
1442 12. Conversion of a fire equipment dealer’s license to a
1443 different category: $10 for each permit and license.
1444 (b) Pursuant to part IV of this chapter:
1445 1. Certificate of compliance: $30.
1446 2. Certificate of competency: $30.
1447 3. Renewal fee for a certificate of compliance, competency,
1448 or instruction: $15.
1449 (c) Duplicate or change of address for any license, permit,
1450 or certificate: $10.
1451 (2) All moneys collected by the State Fire Marshal pursuant
1452 to this chapter shall be deposited into the Insurance Regulatory
1453 Trust Fund.
1454 Section 16. Section 633.39, Florida Statutes, is
1455 transferred and renumbered as section 633.134, Florida Statutes.
1456 Section 17. Section 633.115, Florida Statutes, is
1457 transferred, renumbered as section 633.136, Florida Statutes,
1458 and amended to read:
1459 633.136 633.115 Fire and Emergency Incident Information
1460 Reporting Program; duties; fire reports.—
1461 (1)(a) The Fire and Emergency Incident Information
1462 Reporting Program is created within the division of State Fire
1463 Marshal. The program shall:
1464 1. Establish and maintain an electronic communication
1465 system capable of transmitting fire and emergency incident
1466 information to and between fire protection agencies.
1467 2. Initiate a Fire and Emergency Incident Information
1468 Reporting System that shall be responsible for:
1469 a. Receiving fire and emergency incident information from
1470 fire protection agencies.
1471 b. Preparing and disseminating annual reports to the
1472 Governor, the President of the Senate, the Speaker of the House
1473 of Representatives, fire protection agencies, and, upon request,
1474 the public. Each report shall include, but not be limited to,
1475 the information listed in the National Fire Incident Reporting
1476 System.
1477 c. Upon request, providing other states and federal
1478 agencies with fire and emergency incident data of this state.
1479 3. Adopt rules to effectively and efficiently implement,
1480 administer, manage, maintain, and use the Fire and Emergency
1481 Incident Information Reporting Program. The rules shall be
1482 considered minimum requirements and shall not preclude a fire
1483 protection agency from implementing its own requirements which
1484 may shall not conflict with the rules of the division of State
1485 Fire Marshal.
1486 4. By rule, establish procedures and a format for each fire
1487 protection agency to voluntarily monitor its records and submit
1488 reports to the program.
1489 5. Establish an electronic information database that which
1490 is accessible and searchable by fire protection agencies.
1491 (b) The division of State Fire Marshal shall consult with
1492 the Florida Forest Service of the Department of Agriculture and
1493 Consumer Services and the State Surgeon General of the
1494 Department of Health to coordinate data, ensure accuracy of the
1495 data, and limit duplication of efforts in data collection,
1496 analysis, and reporting.
1497 (2) The Fire and Emergency Incident Information System
1498 Technical Advisory Panel is created within the division of State
1499 Fire Marshal. The panel shall advise, review, and recommend to
1500 the State Fire Marshal with respect to the requirements of this
1501 section. The membership of the panel shall consist of the
1502 following 15 members:
1503 (a) The current 13 members of the Firefighters Employment,
1504 Standards, and Training Council as established in s. 633.402
1505 633.31.
1506 (b) One member from the Florida Forest Service of the
1507 Department of Agriculture and Consumer Services, appointed by
1508 the director of the Florida Forest Service.
1509 (c) One member from the Department of Health, appointed by
1510 the State Surgeon General.
1511 (3) For the purpose of this section, the term “fire
1512 protection agency” shall be defined by rule by the division of
1513 State Fire Marshal.
1514 Section 18. Section 633.138, Florida Statutes, is created
1515 to read:
1516 633.138 Notice of change of address of record; notice of
1517 felony actions.—
1518 (1) Any individual issued a license, permit, or certificate
1519 under this chapter shall notify the division in writing of any
1520 changes to her or his current mailing address, e-mail address,
1521 and place of practice as specified in rule adopted by the
1522 division.
1523 (2) Notwithstanding any other provision of law, delivery by
1524 regular mail or e-mail to a licensee, permittee, or
1525 certificateholder, using the last known mailing address or e
1526 mail address on record with the division, constitutes adequate
1527 and sufficient notice to the licensee, permittee, or
1528 certificateholder of any official communication by the division.
1529 (3) Any individual issued a license, permit, or certificate
1530 under this chapter shall notify the division in writing within
1531 30 days after pleading guilty or nolo contendere to, or being
1532 convicted or found guilty of, any felony or a crime punishable
1533 by imprisonment of 1 year or more under the law of the United
1534 States or of any state thereof, or under the law of any other
1535 country, without regard to whether a judgment of conviction has
1536 been entered by the court having jurisdiction of the case.
1537 Section 19. Section 633.042, Florida Statutes, is
1538 transferred and renumbered as section 633.142, Florida Statutes,
1539 and subsection (11) of that section is amended, to read:
1540 633.142 633.042 Reduced Cigarette Ignition Propensity
1541 Standard and Firefighter Protection Act; preemption.—
1542 (11) PREEMPTION.—
1543 (a) This section shall be repealed if a federal reduced
1544 cigarette ignition propensity standard that preempts this
1545 section is adopted and becomes effective.
1546 (b) Notwithstanding any other provision of law, local
1547 governmental units of this state may not enact or enforce any
1548 ordinance or other local law or rule conflicting with, or
1549 preempted by, any provision of this act or any policy of this
1550 state expressed by this act, whether that policy be expressed by
1551 inclusion of a provision in this act or by exclusion of that
1552 subject from this act.
1553 Section 20. The Division of Law Revision and Information is
1554 requested to create part II of chapter 633, Florida Statutes,
1555 consisting of sections 633.202, 633.204, 633.206, 633.208,
1556 633.212, 633.214, 633.216, 633.218, 633.222, 633.224, 633.226,
1557 and 633.228, Florida Statutes, to be entitled “Fire Safety and
1558 Prevention.”
1559 Section 21. Section 633.0215, Florida Statutes, is
1560 transferred and renumbered as section 633.202, Florida Statutes,
1561 and subsections (2), (4), (7), (9), (10), and (12) through (15)
1562 of that section are amended, to read:
1563 633.202 633.0215 Florida Fire Prevention Code.—
1564 (2) The State Fire Marshal shall adopt the current edition
1565 of the National Fire Protection Association’s Standard 1, Fire
1566 Prevention Code but may shall not adopt a building, mechanical,
1567 or plumbing code. The State Fire Marshal shall adopt the current
1568 edition of the Life Safety Code, NFPA Pamphlet 101, current
1569 editions, by reference. The State Fire Marshal may modify the
1570 selected codes and standards as needed to accommodate the
1571 specific needs of the state. Standards or criteria in the
1572 selected codes shall be similarly incorporated by reference. The
1573 State Fire Marshal shall incorporate within sections of the
1574 Florida Fire Prevention Code provisions that address uniform
1575 firesafety standards as established in s. 633.206 633.022. The
1576 State Fire Marshal shall incorporate within sections of the
1577 Florida Fire Prevention Code provisions addressing regional and
1578 local concerns and variations.
1579 (4) The State Fire Marshal shall update, by rule adopted
1580 pursuant to ss. 120.536(1) and 120.54, the Florida Fire
1581 Prevention Code every 3 years. Once initially adopted and
1582 subsequently updated, the Florida Fire Prevention Code and the
1583 Life Safety Code shall be adopted for use statewide without
1584 adoptions by local governments. When updating the Florida Fire
1585 Prevention Code and the most recent edition of the Life Safety
1586 Code, the State Fire Marshal shall consider changes made by the
1587 national model fire codes incorporated into the Florida Fire
1588 Prevention Code, the State Fire Marshal’s own interpretations,
1589 declaratory statements, appellate decisions, and approved
1590 statewide and local technical amendments.
1591 (7) Any local amendment adopted by a local government must
1592 strengthen the Fire Prevention Code requirements of the minimum
1593 firesafety code.
1594 (9) The State Fire Marshal shall make rules that implement
1595 this section and ss. 633.104 and 633.208 633.01 and 633.025 for
1596 the purpose of accomplishing the objectives set forth in those
1597 sections.
1598 (10) Notwithstanding other provisions of this chapter, if a
1599 county or a municipality within that county adopts an ordinance
1600 providing for a local amendment to the Florida Fire Prevention
1601 Code and that amendment provides a higher level of protection to
1602 the public than the level specified in the Florida Fire
1603 Prevention Code, the local amendment becomes effective without
1604 approval of the State Fire Marshal and is not rescinded pursuant
1605 to the provisions of this section, provided that the ordinance
1606 meets one or more of the following criteria:
1607 (a) The local authority has adopted, by ordinance, a fire
1608 service facilities and operation plan that outlines goals and
1609 objectives for related equipment, personnel, and capital
1610 improvement needs of the local authority related to the specific
1611 amendment for the next 5 years;
1612 (b) The local authority has adopted, by ordinance, a
1613 provision requiring proportionate reduction in, or rebate or
1614 waivers of, impact or other fees or assessments levied on
1615 buildings that are built or modified in compliance with the more
1616 stringent firesafety standards required by the local amendment;
1617 or
1618 (c) The local authority has adopted, by ordinance, a growth
1619 management plan that requires buildings and structures to be
1620 equipped with more stringent firesafety requirements required by
1621 the local amendment when these firesafety requirements are used
1622 as the basis for planning infrastructure development, uses, or
1623 housing densities.
1624
1625 Except as provided in s. 633.206 633.022, the local appeals
1626 process shall be the venue if there is a dispute between parties
1627 affected by the provisions of the more stringent local
1628 firesafety amendment adopted as part of the Florida Fire
1629 Prevention Code pursuant to the authority in this subsection.
1630 Local amendments adopted pursuant to this subsection shall be
1631 deemed local or regional variations and published as such in the
1632 Florida Fire Prevention Code. The act of publishing locally
1633 adopted firesafety amendments to the Florida Fire Prevention
1634 Code may shall not be construed to mean that the State Fire
1635 Marshal approves or denies the authenticity or appropriateness
1636 of the locally adopted firesafety provision, and the burden of
1637 protecting the local firesafety amendment remains solely with
1638 the adopting local governmental authority.
1639 (12) Notwithstanding other provisions of this section, the
1640 State Fire Marshal shall study the use of managed, facilities
1641 based, voice-over-Internet-protocol telephone service for
1642 monitoring fire alarm signals. If the study determines that
1643 voice-over-Internet-protocol telephone service technology
1644 provides a level of protection equivalent to that required by
1645 NFPA 72: National Fire Alarm Code, the State Fire Marshal shall
1646 initiate rulemaking pursuant to ss. 120.536(1) and 120.54 by
1647 December 1, 2008, to allow the use of this technology as an
1648 additional method of monitoring fire alarm systems.
1649 (12)(13)(a) The State Fire Marshal shall issue an expedited
1650 declaratory statement relating to interpretations of provisions
1651 of the Florida Fire Prevention Code according to the following
1652 guidelines:
1653 1. The declaratory statement shall be rendered in
1654 accordance with s. 120.565, except that a final decision must be
1655 issued by the State Fire Marshal within 45 days after the
1656 division’s receipt of a petition seeking an expedited
1657 declaratory statement. The State Fire Marshal shall give notice
1658 of the petition and the expedited declaratory statement or the
1659 denial of the petition in the next available issue of the
1660 Florida Administrative Register Weekly after the petition is
1661 filed and after the statement or denial is rendered.
1662 2. The petitioner must be the owner of the disputed project
1663 or the owner’s representative.
1664 3. The petition for an expedited declaratory statement must
1665 be:
1666 a. Related to an active project that is under construction
1667 or must have been submitted for a permit.
1668 b. The subject of a written notice citing a specific
1669 provision of the Florida Fire Prevention Code which is in
1670 dispute.
1671 c. Limited to a single question that is capable of being
1672 answered with a “yes” or “no” response.
1673 (b) A petition for a declaratory statement which does not
1674 meet all of the requirements of this subsection must be denied
1675 without prejudice. This subsection does not affect the right of
1676 the petitioner as a substantially affected person to seek a
1677 declaratory statement under s. 633.104(6) 633.01(6).
1678 (13)(14) A condominium, cooperative, or multifamily
1679 residential building that is less than four stories in height
1680 and has an exterior corridor providing a means of egress is
1681 exempt from installing a manual fire alarm system as required in
1682 s. 9.6 of the most recent edition of the Life Safety Code
1683 adopted in the Florida Fire Prevention Code. This is intended to
1684 clarify existing law.
1685 (14)(15) The Legislature finds that the electronic filing
1686 of construction plans will increase governmental efficiency,
1687 reduce costs, and increase timeliness of processing permits. If
1688 the fire code administrator or fire official provides for
1689 electronic filing, any construction plans, drawings,
1690 specifications, reports, final documents, or documents prepared
1691 or issued by a licensee may be dated and electronically signed
1692 and sealed by the licensee in accordance with part I of chapter
1693 668, and may be transmitted electronically to the fire code
1694 administrator or fire official for approval.
1695 Section 22. Section 633.72, Florida Statutes, is
1696 transferred, renumbered as section 633.204, Florida Statutes,
1697 and amended to read:
1698 633.204 633.72 Florida Fire Code Advisory Council.—
1699 (1) There is created within the department the Florida Fire
1700 Code Advisory Council with 11 members appointed by the State
1701 Fire Marshal. The council shall advise and recommend to the
1702 State Fire Marshal changes to and interpretation of the uniform
1703 firesafety standards adopted under s. 633.206 633.022, the
1704 Florida Fire Prevention Code, and those portions of the Florida
1705 Fire Prevention Code that have the effect of conflicting with
1706 building construction standards that are adopted pursuant to ss.
1707 633.202 and 633.206 633.0215 and 633.022. The members of the
1708 council shall represent the following groups and professions:
1709 (a) One member shall be the State Fire Marshal, or his or
1710 her designated appointee who shall be an administrative employee
1711 of the marshal.;
1712 (b) One member shall be an administrative officer from a
1713 fire department representing a municipality, or a county, or a
1714 special district selected from a list of persons submitted by
1715 the Florida Fire Chiefs Association.;
1716 (c) One member shall be an architect licensed in the state
1717 selected from a list of persons submitted by the Florida
1718 Association/American Institute of Architects.;
1719 (d) One member shall be an engineer with fire protection
1720 design experience registered to practice in the state selected
1721 from a list of persons submitted by the Florida Engineering
1722 Society.;
1723 (e) One member shall be an administrative officer from a
1724 building department of a county or municipality selected from a
1725 list of persons submitted by the Building Officials Association
1726 of Florida.;
1727 (f) One member shall be a contractor licensed in the state
1728 selected from a list submitted by the Florida Home Builders
1729 Association.;
1730 (g) One member shall be a Florida certified firefighter
1731 selected from a list submitted by the Florida Professional
1732 Firefighters’ Association.;
1733 (h) One member shall be a Florida certified firesafety
1734 municipal fire inspector selected from a list submitted by the
1735 Florida Fire Marshals’ and Inspectors’ Marshal’s Association.;
1736 (i) One member shall be selected from a list submitted by
1737 the Department of Education.;
1738 (j) One member shall be selected from a list submitted by
1739 the Chancellor of the State University System.; and
1740 (k) One member shall be representative of the general
1741 public.
1742 (2) The State Fire Marshal and the Florida Building
1743 Commission shall coordinate efforts to provide consistency
1744 between the Florida Building Code and the Florida Fire
1745 Prevention Code and the Life Safety Code.
1746 (3) The council shall meet at least semiannually to advise
1747 the State Fire Marshal’s Office on matters subject to this
1748 section.
1749 (4) The council may review proposed changes to the Florida
1750 Fire Prevention Code and the uniform firesafety standards
1751 pursuant to s. 633.202(4).
1752 (5)(3) The council and Florida Building Commission shall
1753 cooperate through joint representation and coordination of codes
1754 and standards to resolve conflicts in their development,
1755 updating, and interpretation.
1756 (6)(4) Each appointee shall serve a 4-year term. No member
1757 shall serve more than two consecutive terms. A No member of the
1758 council may not shall be paid a salary as such member, but each
1759 shall receive travel and expense reimbursement as provided in s.
1760 112.061.
1761 Section 23. Section 633.022, Florida Statutes, is
1762 transferred and renumbered as section 633.206, Florida Statutes,
1763 and subsection (1) and paragraph (a) of subsection (4) of that
1764 section are amended, to read:
1765 633.206 633.022 Uniform firesafety standards.—The
1766 Legislature hereby determines that to protect the public health,
1767 safety, and welfare it is necessary to provide for firesafety
1768 standards governing the construction and utilization of certain
1769 buildings and structures. The Legislature further determines
1770 that certain buildings or structures, due to their specialized
1771 use or to the special characteristics of the person utilizing or
1772 occupying these buildings or structures, should be subject to
1773 firesafety standards reflecting these special needs as may be
1774 appropriate.
1775 (1) The department shall establish uniform firesafety
1776 standards that apply to:
1777 (a) All new, existing, and proposed state-owned and state
1778 leased buildings, including state universities as defined under
1779 s. 1000.21.
1780 (b) All new, existing, and proposed hospitals, nursing
1781 homes, assisted living facilities, adult family-care homes,
1782 correctional facilities, public schools, transient public
1783 lodging establishments, public food service establishments,
1784 elevators, migrant labor camps, mobile home parks, lodging
1785 parks, recreational vehicle parks, recreational camps,
1786 residential and nonresidential child care facilities, facilities
1787 for the developmentally disabled, motion picture and television
1788 special effects productions, tunnels, and self-service gasoline
1789 stations, of which standards the State Fire Marshal is the final
1790 administrative interpreting authority.
1791
1792 In the event there is a dispute between the owners of the
1793 buildings specified in paragraph (b) and a local authority
1794 requiring a more stringent uniform firesafety standard for
1795 sprinkler systems, the State Fire Marshal shall be the final
1796 administrative interpreting authority and the State Fire
1797 Marshal’s interpretation regarding the uniform firesafety
1798 standards shall be considered final agency action.
1799 (4)(a) Notwithstanding any provision of law to the
1800 contrary, each nursing home licensed under part II of chapter
1801 400 shall be protected throughout by an approved, supervised
1802 automatic sprinkler system in accordance with s. 9 of National
1803 Fire Protection Association, Inc., Life Safety Code, no later
1804 than December 31, 2010. A nursing home licensee shall submit
1805 complete sprinkler construction documents to the Agency for
1806 Health Care Administration for review by December 31, 2008, and
1807 the licensee must gain final approval to start construction from
1808 the agency by June 30, 2009. The agency shall grant a 6-month
1809 extension to a nursing home licensee if the completion and
1810 submission of the sprinkler construction documents are
1811 contingent upon the approval of the application for the loan
1812 guarantee program authorized under s. 633.0245. In such case,
1813 the agency may extend the deadline for final approval to begin
1814 construction beyond June 30, 2009, but the deadline may not be
1815 extended beyond December 31, 2009.
1816 Section 24. Section 633.025, Florida Statutes, is
1817 transferred, renumbered as section 633.208, Florida Statutes,
1818 and amended to read:
1819 633.208 633.025 Minimum firesafety standards.—
1820 (1) The Florida Fire Prevention Code and the Life Safety
1821 Code adopted by the State Fire Marshal, which shall operate in
1822 conjunction with the Florida Building Code, shall be deemed
1823 adopted by each municipality, county, and special district with
1824 firesafety responsibilities. The minimum firesafety codes do
1825 shall not apply to buildings and structures subject to the
1826 uniform firesafety standards under s. 633.206 633.022 and
1827 buildings and structures subject to the minimum firesafety
1828 standards adopted pursuant to s. 394.879.
1829 (2) Pursuant to subsection (1), each municipality, county,
1830 and special district with firesafety responsibilities shall
1831 enforce the Florida Fire Prevention Code and the Life Safety
1832 Code as the minimum firesafety code required by this section.
1833 (3) The most current edition of the National Fire
1834 Protection Association (NFPA) 101, Life Safety Code, adopted by
1835 the State Fire Marshal, shall be deemed to be adopted by each
1836 municipality, county, and special district with firesafety
1837 responsibilities as part of the minimum firesafety code.
1838 (3)(4) Such code codes shall be a minimum code codes and a
1839 municipality, county, or special district with firesafety
1840 responsibilities may adopt more stringent firesafety standards,
1841 subject to the requirements of this subsection. Such county,
1842 municipality, or special district may establish alternative
1843 requirements to those requirements which are required under the
1844 minimum firesafety standards on a case-by-case basis, in order
1845 to meet special situations arising from historic, geographic, or
1846 unusual conditions, if the alternative requirements result in a
1847 level of protection to life, safety, or property equal to or
1848 greater than the applicable minimum firesafety standards. For
1849 the purpose of this subsection, the term “historic” means that
1850 the building or structure is listed on the National Register of
1851 Historic Places of the United States Department of the Interior.
1852 (a) The local governing body shall determine, following a
1853 public hearing which has been advertised in a newspaper of
1854 general circulation at least 10 days before the hearing, if
1855 there is a need to strengthen the requirements of the minimum
1856 firesafety code adopted by such governing body. The
1857 determination must be based upon a review of local conditions by
1858 the local governing body, which review demonstrates that local
1859 conditions justify more stringent requirements than those
1860 specified in the minimum firesafety code for the protection of
1861 life and property or justify requirements that meet special
1862 situations arising from historic, geographic, or unusual
1863 conditions.
1864 (b) Such additional requirements may shall not be
1865 discriminatory as to materials, products, or construction
1866 techniques of demonstrated capabilities.
1867 (c) Paragraphs (a) and (b) apply solely to the local
1868 enforcing agency’s adoption of requirements more stringent than
1869 those specified in the Florida Fire Prevention Code and the Life
1870 Safety Code that have the effect of amending building
1871 construction standards. Upon request, the enforcing agency must
1872 shall provide a person making application for a building permit,
1873 or any state agency or board with construction-related
1874 regulation responsibilities, a listing of all such requirements
1875 and codes.
1876 (d) A local government which adopts amendments to the
1877 minimum firesafety code must provide a procedure by which the
1878 validity of such amendments may be challenged by any
1879 substantially affected party to test the amendment’s compliance
1880 with the provisions of this section.
1881 1. Unless the local government agrees to stay enforcement
1882 of the amendment, or other good cause is shown, the challenging
1883 party shall be entitled to a hearing on the challenge within 45
1884 days.
1885 2. For purposes of such challenge, the burden of proof
1886 shall be on the challenging party, but the amendment may shall
1887 not be presumed to be valid or invalid.
1888
1889 This subsection gives local government the authority to
1890 establish firesafety codes that exceed the Florida Fire
1891 Prevention Code minimum firesafety codes and standards adopted
1892 by the State Fire Marshal. The Legislature intends that local
1893 government give proper public notice and hold public hearings
1894 before adopting more stringent firesafety codes and standards. A
1895 substantially affected person may appeal, to the department, the
1896 local government’s resolution of the challenge, and the
1897 department shall determine if the amendment complies with this
1898 section. Actions of the department are subject to judicial
1899 review pursuant to s. 120.68. The department shall consider
1900 reports of the Florida Building Commission, pursuant to part IV
1901 of chapter 553, when evaluating building code enforcement.
1902 (4)(5) The new building or structure provisions enumerated
1903 within the Florida Fire Prevention Code firesafety code adopted
1904 pursuant to this section shall apply only to buildings or
1905 structures for which the building permit is issued on or after
1906 the effective date of the current edition of the Florida Fire
1907 Prevention Code this act. Subject to the provisions of
1908 subsection (5) (6), the existing building or structure
1909 provisions enumerated within the firesafety code adopted
1910 pursuant to this section shall apply to buildings or structures
1911 for which the building permit was issued or the building or
1912 structure was constructed before prior to the effective date of
1913 this act.
1914 (5)(6) With regard to existing buildings, the Legislature
1915 recognizes that it is not always practical to apply any or all
1916 of the provisions of the Florida Fire Prevention Code minimum
1917 firesafety code and that physical limitations may require
1918 disproportionate effort or expense with little increase in fire
1919 or life safety lifesafety. Prior to applying the minimum
1920 firesafety code to an existing building, the local fire official
1921 shall determine that a threat to lifesafety or property exists.
1922 If a threat to lifesafety or property exists, the firesafety
1923 inspector fire official shall apply the applicable firesafety
1924 code for existing buildings to the extent practical to assure a
1925 reasonable degree of lifesafety and safety of property or the
1926 firesafety inspector fire official shall fashion a reasonable
1927 alternative which affords an equivalent degree of lifesafety and
1928 safety of property. The decision of the local firesafety
1929 inspector fire official may be appealed to the local
1930 administrative board described in s. 553.73.
1931 (6)(7) Nothing herein shall preclude a municipality,
1932 county, or special district from requiring a structure to be
1933 maintained in accordance with the Florida Fire Prevention Code
1934 applicable firesafety code.
1935 (7)(8) Electrically operated single station smoke detectors
1936 required for residential buildings are not required to be
1937 interconnected within individual living units in all buildings
1938 having direct access to the outside from each living unit and
1939 having three stories or less. This subsection does not apply to
1940 any residential building required to have a manual or an
1941 automatic fire alarm system.
1942 (8)(9) The provisions of the Life Safety Code, as contained
1943 in the Florida Fire Prevention Code, do shall not apply to newly
1944 constructed one-family and two-family dwellings. However, fire
1945 sprinkler protection may be permitted by local government in
1946 lieu of other fire protection-related development requirements
1947 for such structures. While local governments may adopt fire
1948 sprinkler requirements for one- and two-family dwellings under
1949 this subsection, it is the intent of the Legislature that the
1950 economic consequences of the fire sprinkler mandate on home
1951 owners be studied before the enactment of such a requirement.
1952 After the effective date of this act, any local government that
1953 desires to adopt a fire sprinkler requirement on one- or two
1954 family dwellings must prepare an economic cost and benefit
1955 report that analyzes the application of fire sprinklers to one-
1956 or two-family dwellings or any proposed residential subdivision.
1957 The report must consider the tradeoffs and specific cost savings
1958 and benefits of fire sprinklers for future owners of property.
1959 The report must include an assessment of the cost savings from
1960 any reduced or eliminated impact fees if applicable, the
1961 reduction in special fire district tax, insurance fees, and
1962 other taxes or fees imposed, and the waiver of certain
1963 infrastructure requirements including the reduction of roadway
1964 widths, the reduction of water line sizes, increased fire
1965 hydrant spacing, increased dead-end roadway length and a
1966 reduction in cul-de-sac sizes relative to the costs from fire
1967 sprinkling. A failure to prepare an economic report shall result
1968 in the invalidation of the fire sprinkler requirement to any
1969 one- or two-family dwelling or any proposed subdivision. In
1970 addition, a local jurisdiction or utility may not charge any
1971 additional fee, above what is charged to a non-fire sprinklered
1972 dwelling, on the basis that a one- or two-family dwelling unit
1973 is protected by a fire sprinkler system.
1974 (9)(10) Before imposing a fire sprinkler requirement on any
1975 one- or two-family dwelling, a local government must provide the
1976 owner of any one- or two-family dwelling a letter documenting
1977 specific infrastructure or other tax or fee allowances and
1978 waivers that are listed in but not limited to those described in
1979 subsection (8) (9) for the dwelling. The documentation must show
1980 that the cost savings reasonably approximate the cost of the
1981 purchase and installation of a fire protection system.
1982 (10)(11) Notwithstanding the provisions of subsection (8)
1983 (9), a property owner may shall not be required to install fire
1984 sprinklers in any residential property based upon the use of
1985 such property as a rental property or any change in or
1986 reclassification of the property’s primary use to a rental
1987 property.
1988 Section 25. Section 633.026, Florida Statutes, is
1989 transferred, renumbered as section 633.212, Florida Statutes,
1990 and amended to read:
1991 633.212 633.026 Legislative intent; informal
1992 interpretations of the Florida Fire Prevention Code.—It is the
1993 intent of the Legislature that the Florida Fire Prevention Code
1994 be interpreted by fire officials and local enforcement agencies
1995 in a manner that reasonably and cost-effectively protects the
1996 public safety, health, and welfare; ensures uniform
1997 interpretations throughout this state; and provides just and
1998 expeditious processes for resolving disputes regarding such
1999 interpretations. It is the further intent of the Legislature
2000 that such processes provide for the expeditious resolution of
2001 the issues presented and that the resulting interpretation of
2002 such issues be published on the website of the division of State
2003 Fire Marshal.
2004 (1) The division of State Fire Marshal shall by rule
2005 establish an informal process of rendering nonbinding
2006 interpretations of the Florida Fire Prevention Code. The
2007 division of State Fire Marshal may contract with and refer
2008 interpretive issues to a third party, selected based upon cost
2009 effectiveness, quality of services to be performed, and other
2010 performance-based criteria, which has experience in interpreting
2011 and enforcing the Florida Fire Prevention Code. It is the intent
2012 of the Legislature that the division of State Fire Marshal
2013 establish a Fire Code Interpretation Committee composed of seven
2014 persons and seven alternates, equally representing each area of
2015 the state, to which a party can pose questions regarding the
2016 interpretation of the Florida Fire Prevention Code provisions.
2017 (2) Each member and alternate member of the Fire Code
2018 Interpretation Committee must be certified as a firesafety
2019 inspector pursuant to s. 633.216(2) 633.081(2) and must have a
2020 minimum of 5 years of experience interpreting and enforcing the
2021 Florida Fire Prevention Code and the Life Safety Code. Each
2022 member and alternate member must be approved by the division of
2023 State Fire Marshal and deemed by the division to have met these
2024 requirements for at least 30 days before participating in a
2025 review of a nonbinding interpretation.
2026 (3) Each nonbinding interpretation of code provisions must
2027 be provided within 10 business days after receipt of a request
2028 for interpretation. The response period established in this
2029 subsection may be waived only with the written consent of the
2030 party requesting the nonbinding interpretation and the division
2031 of State Fire Marshal. Nonbinding interpretations shall be
2032 advisory only and nonbinding on the parties or the State Fire
2033 Marshal.
2034 (4) In order to administer this section, the division of
2035 State Fire Marshal shall charge a fee for nonbinding
2036 interpretations. The fee may not exceed $150 for each request
2037 for a review or interpretation. The division may authorize
2038 payment of fees directly to the nonprofit organization under
2039 contract pursuant to subsection (1).
2040 (5) A party requesting a nonbinding interpretation who
2041 disagrees with the interpretation issued under this section may
2042 apply for a declaratory statement formal interpretation from the
2043 State Fire Marshal pursuant to s. 633.104(6) 633.01(6).
2044 (6) The division of State Fire Marshal shall issue or cause
2045 to be issued a nonbinding interpretation of the Florida Fire
2046 Prevention Code pursuant to this section when requested to do so
2047 upon submission of a petition by a fire official or by the owner
2048 or owner’s representative or the contractor or contractor’s
2049 representative of a project in dispute. The division shall adopt
2050 a petition form by rule, and the petition form must be published
2051 on the State Fire Marshal’s website. The form must shall, at a
2052 minimum, require:
2053 (a) The name and address of the local fire official,
2054 including the address of the county, municipality, or special
2055 district.
2056 (b) The name and address of the owner or owner’s
2057 representative or the contractor or contractor’s representative.
2058 (c) A statement of the specific sections of the Florida
2059 Fire Prevention Code being interpreted by the local fire
2060 official.
2061 (d) An explanation of how the petitioner’s substantial
2062 interests are being affected by the local interpretation of the
2063 Florida Fire Prevention Code.
2064 (e) A statement of the interpretation of the specific
2065 sections of the Florida Fire Prevention Code by the local fire
2066 official.
2067 (f) A statement of the interpretation that the petitioner
2068 contends should be given to the specific sections of the Florida
2069 Fire Prevention Code and a statement supporting the petitioner’s
2070 interpretation.
2071 (7) Upon receipt of a petition that meets the requirements
2072 of subsection (6), the division of State Fire Marshal shall
2073 immediately provide copies of the petition to the Fire Code
2074 Interpretation Committee, and shall publish the petition and any
2075 response submitted by the local fire official on the State Fire
2076 Marshal’s website.
2077 (8) The committee shall conduct proceedings as necessary to
2078 resolve the issues and give due regard to the petition, the
2079 facts of the matter at issue, specific code sections cited, and
2080 any statutory implications affecting the Florida Fire Prevention
2081 Code. The committee shall issue an interpretation regarding the
2082 provisions of the Florida Fire Prevention Code within 10 days
2083 after the filing of a petition. The committee shall issue an
2084 interpretation based upon the Florida Fire Prevention Code or,
2085 if the code is ambiguous, the intent of the code. The
2086 committee’s interpretation shall be provided to the petitioner
2087 and shall include a notice that if the petitioner disagrees with
2088 the interpretation, the petitioner may file a request for a
2089 declaratory statement formal interpretation by the State Fire
2090 Marshal under s. 633.104(6) 633.01(6). The committee’s
2091 interpretation shall be provided to the State Fire Marshal, and
2092 the division shall publish the declaratory statement
2093 interpretation on the State Fire Marshal’s website and in the
2094 Florida Administrative Register Weekly.
2095 Section 26. Section 633.052, Florida Statutes, is
2096 transferred and renumbered as section 633.214, Florida Statutes,
2097 and paragraphs (a) and (b) of subsection (1), paragraph (d) of
2098 subsection (2), and subsections (3) and (4) of that section are
2099 amended, to read:
2100 633.214 633.052 Ordinances relating to firesafety;
2101 definitions; penalties.—
2102 (1) As used in this section:
2103 (a) A “firesafety inspector” is an individual certified by
2104 the division of State Fire Marshal, officially assigned the
2105 duties of conducting firesafety inspections of buildings and
2106 facilities on a recurring or regular basis, investigating civil
2107 infractions relating to firesafety, and issuing citations
2108 pursuant to this section on behalf of the state or any county,
2109 municipality, or special district with firesafety
2110 responsibilities.
2111 (b) “Citation” means a written notice, issued only after a
2112 written warning has been previously issued and a minimum time
2113 period of 45 days, except for major structural changes, which
2114 may be corrected within an extended adequate period of time,
2115 from the date of the issuance of the warning whereby the party
2116 warned may correct the alleged violation, issued to a person by
2117 a firesafety inspector, that the firesafety inspector has
2118 probable cause to believe that the person has committed a civil
2119 infraction in violation of a duly enacted ordinance and that the
2120 county court will hear the charge. The citation must shall
2121 contain:
2122 1. The date and time of issuance.
2123 2. The name and address of the person.
2124 3. The date and time the civil infraction was committed.
2125 4. The facts constituting probable cause.
2126 5. The Florida Fire Prevention Code ordinance violated.
2127 6. The name and authority of the firesafety inspector
2128 officer.
2129 7. The procedure for the person to follow in order to pay
2130 the civil penalty or to contest the citation.
2131 8. The applicable civil penalty if the person elects to
2132 contest the citation.
2133 9. The applicable civil penalty if the person elects not to
2134 contest the citation.
2135 10. A conspicuous statement that if the person fails to pay
2136 the civil penalty within the time allowed or fails to appear in
2137 court to contest the citation, then she or he shall be deemed to
2138 have waived her or his right to contest the citation and that,
2139 in such case, judgment may be entered against the person for an
2140 amount up to the maximum civil penalty.
2141 (2) A county or municipality that has created a code
2142 enforcement board or special magistrate system pursuant to
2143 chapter 162 may enforce firesafety code violations as provided
2144 in chapter 162. The governing body of a county or municipality
2145 which has not created a code enforcement board or special
2146 magistrate system for firesafety under chapter 162 may is
2147 authorized to enact ordinances relating to firesafety codes,
2148 which ordinances shall provide:
2149 (d) For the issuance of a citation by an officer who has
2150 probable cause to believe that a person has committed a
2151 violation of an ordinance relating to firesafety or the Florida
2152 Fire Prevention Code.
2153 (3) A person Any person who willfully refuses to sign and
2154 accept a citation issued by a firesafety inspector commits shall
2155 be guilty of a misdemeanor of the second degree, punishable as
2156 provided in s. 775.082 or s. 775.083.
2157 (4) Nothing contained in This section does not shall
2158 prevent any county, or municipality, or special district from
2159 enacting any ordinance relating to firesafety codes which is
2160 identical to the provisions of this chapter or any state law,
2161 except as to penalty; however, a no county, or municipal, or
2162 special district ordinance relating to firesafety codes may not
2163 shall conflict with the provisions of this chapter or any other
2164 state law.
2165 Section 27. Section 633.081, Florida Statutes, is
2166 transferred and renumbered as section 633.216, Florida Statutes,
2167 a new subsection (6) is added to that section, and present
2168 subsections (1) and (2), paragraph (c) of subsection (3), and
2169 subsections (4) through (9) of that section are amended, to
2170 read:
2171 633.216 633.081 Inspection of buildings and equipment;
2172 orders; firesafety inspection training requirements;
2173 certification; disciplinary action.—The State Fire Marshal and
2174 her or his agents or persons authorized to enforce laws and
2175 rules of the State Fire Marshal shall, at any reasonable hour,
2176 when the State Fire Marshal has reasonable cause to believe that
2177 a violation of this chapter or s. 509.215, or a rule adopted
2178 promulgated thereunder, or a minimum firesafety code adopted by
2179 the State Fire Marshal or a local authority, may exist, inspect
2180 any and all buildings and structures which are subject to the
2181 requirements of this chapter or s. 509.215 and rules adopted
2182 promulgated thereunder. The authority to inspect shall extend to
2183 all equipment, vehicles, and chemicals which are located on or
2184 within the premises of any such building or structure.
2185 (1) Each county, municipality, and special district that
2186 has firesafety enforcement responsibilities shall employ or
2187 contract with a firesafety inspector. Except as provided in s.
2188 633.312(2) and (3) 633.082(2), the firesafety inspector must
2189 conduct all firesafety inspections that are required by law. The
2190 governing body of a county, municipality, or special district
2191 that has firesafety enforcement responsibilities may provide a
2192 schedule of fees to pay only the costs of inspections conducted
2193 pursuant to this subsection and related administrative expenses.
2194 Two or more counties, municipalities, or special districts that
2195 have firesafety enforcement responsibilities may jointly employ
2196 or contract with a firesafety inspector.
2197 (2) Except as provided in s. 633.312(2) 633.082(2), every
2198 firesafety inspection conducted pursuant to state or local
2199 firesafety requirements shall be by a person certified as having
2200 met the inspection training requirements set by the State Fire
2201 Marshal. Such person shall meet the requirements of s.
2202 633.412(1)(a)-(d), and:
2203 (a) Be a high school graduate or the equivalent as
2204 determined by the department;
2205 (b) Not have been found guilty of, or having pleaded guilty
2206 or nolo contendere to, a felony or a crime punishable by
2207 imprisonment of 1 year or more under the law of the United
2208 States, or of any state thereof, which involves moral turpitude,
2209 without regard to whether a judgment of conviction has been
2210 entered by the court having jurisdiction of such cases;
2211 (c) Have her or his fingerprints on file with the
2212 department or with an agency designated by the department;
2213 (d) Have good moral character as determined by the
2214 department;
2215 (e) Be at least 18 years of age;
2216 (f) Have satisfactorily completed the firesafety inspector
2217 certification examination as prescribed by division rule the
2218 department; and
2219 (b)(g)1. Have satisfactorily completed, as determined by
2220 division rule the department, a firesafety inspector training
2221 program of at least not less than 200 hours established by the
2222 department and administered by education or training providers
2223 agencies and institutions approved by the department for the
2224 purpose of providing basic certification training for firesafety
2225 inspectors; or
2226 2. Have received in another state training in another state
2227 which is determined by the division department to be at least
2228 equivalent to that required by the department for approved
2229 firesafety inspector education and training programs in this
2230 state.
2231 (3)
2232 (c)1. To be certified as a firesafety inspector under this
2233 section, a any person who:
2234 a. Is a special state firesafety inspector on July 1, 2011,
2235 and who does not have 5 years of experience as a special state
2236 firesafety inspector as of July 1, 2011; or
2237 b. Has 5 years of experience as a special state firesafety
2238 inspector but has failed the examination taken as provided in
2239 paragraph (2)(a) (2)(f), must take an additional 80 hours of the
2240 courses described in paragraph (2)(b) (2)(g).
2241 2. After successfully completing the courses described in
2242 this paragraph, such person may take the firesafety inspection
2243 examination as provided in paragraph (2)(a) (2)(f), if such
2244 examination is taken before July 1, 2013.
2245 3. Upon passing the examination, the person shall be
2246 certified as a firesafety inspector as provided in this section.
2247 4. A person who fails the course of study or the
2248 examination described in this paragraph may not perform any
2249 firesafety inspection required by law on or after July 1, 2013.
2250 (4) A firefighter certified pursuant to s. 633.408 633.35
2251 may conduct firesafety inspections, under the supervision of a
2252 certified firesafety inspector, while on duty as a member of a
2253 fire department company conducting inservice firesafety
2254 inspections without being certified as a firesafety inspector,
2255 if such firefighter has satisfactorily completed an inservice
2256 fire department company inspector training program of at least
2257 24 hours’ duration as provided by rule of the department.
2258 (5) Every firesafety inspector certificate is valid for a
2259 period of 4 3 years from the date of issuance. Renewal of
2260 certification is subject to the affected person’s completing
2261 proper application for renewal and meeting all of the
2262 requirements for renewal as established under this chapter or by
2263 rule adopted under this chapter, which must shall include
2264 completion of at least 54 40 hours during the preceding 4-year
2265 3-year period of continuing education as required by the rule of
2266 the department or, in lieu thereof, successful passage of an
2267 examination as established by the department.
2268 (6) A previously certified firesafety inspector whose
2269 certification has lapsed for 8 years or more must repeat the
2270 fire safety inspector training as specified by the division.
2271 (7)(6) The State Fire Marshal may deny, refuse to renew,
2272 suspend, or revoke the certificate of a firesafety inspector if
2273 the State Fire Marshal finds that any of the following grounds
2274 exist:
2275 (a) Any cause for which issuance of a certificate could
2276 have been refused had it then existed and been known to the
2277 division State Fire Marshal.
2278 (b) Violation of this chapter or any rule or order of the
2279 State Fire Marshal.
2280 (c) Falsification of records relating to the certificate.
2281 (d) Having been found guilty of or having pleaded guilty or
2282 nolo contendere to a felony, whether or not a judgment of
2283 conviction has been entered.
2284 (d)(e) Failure to meet any of the renewal requirements.
2285 (f) Having been convicted of a crime in any jurisdiction
2286 which directly relates to the practice of fire code inspection,
2287 plan review, or administration.
2288 (e)(g) Making or filing a report or record that the
2289 certificateholder knows to be false, or knowingly inducing
2290 another to file a false report or record, or knowingly failing
2291 to file a report or record required by state or local law, or
2292 knowingly impeding or obstructing such filing, or knowingly
2293 inducing another person to impede or obstruct such filing.
2294 (f)(h) Failing to properly enforce applicable fire codes or
2295 permit requirements within this state which the
2296 certificateholder knows are applicable by committing willful
2297 misconduct, gross negligence, gross misconduct, repeated
2298 negligence, or negligence resulting in a significant danger to
2299 life or property.
2300 (g)(i) Accepting labor, services, or materials at no charge
2301 or at a noncompetitive rate from a any person who performs work
2302 that is under the enforcement authority of the certificateholder
2303 and who is not an immediate family member of the
2304 certificateholder. For the purpose of this paragraph, the term
2305 “immediate family member” means a spouse, child, parent,
2306 sibling, grandparent, aunt, uncle, or first cousin of the person
2307 or the person’s spouse or a any person who resides in the
2308 primary residence of the certificateholder.
2309 (8)(7) The division of State Fire Marshal and the Florida
2310 Building Code Administrators and Inspectors Board, established
2311 pursuant to s. 468.605, shall enter into a reciprocity agreement
2312 to facilitate joint recognition of continuing education
2313 recertification hours for certificateholders licensed under s.
2314 468.609 and firesafety inspectors certified under subsection
2315 (2).
2316 (9)(8) The State Fire Marshal shall develop by rule an
2317 advanced training and certification program for firesafety
2318 inspectors having fire code management responsibilities. The
2319 program must be consistent with the appropriate provisions of
2320 NFPA 1037, or similar standards adopted by the division, and
2321 establish minimum training, education, and experience levels for
2322 firesafety inspectors having fire code management
2323 responsibilities.
2324 (10)(9) The department shall provide by rule for the
2325 certification of firesafety inspectors and Fire Code
2326 Administrators.
2327 Section 28. Section 633.085, Florida Statutes, is
2328 transferred and renumbered as section 633.218, Florida Statutes,
2329 paragraph (a) of subsection (1) and subsections (2) through (5)
2330 of that section are amended, and paragraphs (e) and (f) are
2331 added to subsection (1) of that section, to read:
2332 633.218 633.085 Inspections of state buildings and
2333 premises; tests of firesafety equipment; building plans to be
2334 approved.—
2335 (1)(a) It is the duty of the State Fire Marshal and her or
2336 his agents to inspect, or cause to be inspected, each state
2337 owned building on a recurring basis established by rule, and to
2338 ensure that high-hazard occupancies are inspected at least
2339 annually, for the purpose of ascertaining and causing to be
2340 corrected any conditions liable to cause fire or endanger life
2341 from fire and any violation of the firesafety standards for
2342 state-owned buildings, the provisions of this chapter, or the
2343 rules or regulations adopted and promulgated pursuant hereto.
2344 The State Fire Marshal shall, within 7 days following an
2345 inspection, submit a report of such inspection to the head of
2346 the department of state agency government responsible for the
2347 building.
2348 (e) For purposes of this section:
2349 1.a. The term “high-hazard occupancy” means any building or
2350 structure:
2351 (I) That contains combustible or explosive matter or
2352 flammable conditions dangerous to the safety of life or
2353 property;
2354 (II) At which persons receive educational instruction;
2355 (III) At which persons reside, excluding private dwellings;
2356 or
2357 (IV) Containing three or more floor levels.
2358 b. As used in this subparagraph, the phrase “building or
2359 structure”:
2360 (I) Includes, but is not limited to, all hospitals and
2361 residential health care facilities, nursing homes and other
2362 adult care facilities, correctional or detention facilities,
2363 public schools, public lodging establishments, migrant labor
2364 camps, residential child care facilities, and self-service
2365 gasoline stations.
2366 (II) Does not include any residential condominium where the
2367 declaration of condominium or the bylaws provide that the rental
2368 of units shall not be permitted for less than 90 days.
2369 2. The term “state-owned building,” includes private
2370 correctional facilities as defined under s. 944.710(3) and state
2371 universities as defined under s. 1000.21(6).
2372 (f) A state-owned building or state-leased building or
2373 space shall be identified through use of the United States
2374 National Grid Coordinate System.
2375 (2) The State Fire Marshal and her or his agents may shall
2376 conduct performance tests on any electronic fire warning and
2377 smoke detection system, and any pressurized air-handling unit,
2378 in any state-owned building or state-leased building or space on
2379 a recurring basis as provided in subsection (1). The State Fire
2380 Marshal and her or his agents shall also ensure that fire drills
2381 are conducted in all high-hazard state-owned buildings or high
2382 hazard state-leased high-hazard occupancies at least annually.
2383 (3) All construction of any new state-owned building or
2384 state-leased building or space, or any renovation, alteration,
2385 or change of occupancy of any existing, state-owned building or
2386 state-leased building or space must shall comply with the
2387 uniform firesafety standards of the State Fire Marshal.
2388 (a) For all new construction or renovation, alteration, or
2389 change of occupancy of state-leased space, compliance with the
2390 uniform firesafety standards shall be determined by reviewing
2391 the plans for the proposed construction or occupancy submitted
2392 by the lessor to the division of State Fire Marshal for review
2393 and approval before prior to commencement of construction or
2394 occupancy, which review shall be completed within 10 working
2395 days after receipt of the plans by the division of State Fire
2396 Marshal.
2397 (b) The plans for all construction of any new, or
2398 renovation or alteration of any existing, state-owned building
2399 are subject to the review and approval of the division of State
2400 Fire Marshal for compliance with the uniform firesafety
2401 standards before prior to commencement of construction or change
2402 of occupancy, which review shall be completed within 30 calendar
2403 days of receipt of the plans by the division of State Fire
2404 Marshal.
2405 (4) The division of State Fire Marshal may inspect state
2406 owned buildings and space and state-leased buildings and space
2407 as necessary before prior to occupancy or during construction,
2408 renovation, or alteration to ascertain compliance with the
2409 uniform firesafety standards. Whenever the division of State
2410 Fire Marshal determines by virtue of such inspection or by
2411 review of plans that construction, renovation, or alteration of
2412 state-owned buildings and state-leased buildings or space is not
2413 in compliance with the uniform firesafety standards, the
2414 division of State Fire Marshal shall issue an order to cease
2415 construction, renovation, or alteration, or to preclude
2416 occupancy, of a building until compliance is obtained, except
2417 for those activities required to achieve such compliance.
2418 (5) The division of State Fire Marshal shall by rule
2419 provide a schedule of fees to pay for the costs of the
2420 inspections, whether recurring or high hazard, any firesafety
2421 review or plans for proposed construction, renovations, or
2422 occupancy, and related administrative expenses.
2423 Section 29. Section 633.027, Florida Statutes, is
2424 transferred and renumbered as section 633.222, Florida Statutes,
2425 and subsection (3) of that section is amended, to read:
2426 633.222 633.027 Buildings with light-frame truss-type
2427 construction; notice requirements; enforcement.—
2428 (3) The State Fire Marshal, and local fire officials in
2429 accordance with s. 633.118 633.121, shall enforce the provisions
2430 of this section. An Any owner who fails to comply with the
2431 requirements of this section is subject to penalties as provided
2432 in s. 633.228 633.161.
2433 Section 30. Section 633.60, Florida Statutes, is
2434 transferred and renumbered as section 633.224, Florida Statutes,
2435 and subsection (1) of that section is amended, to read:
2436 633.224 633.60 Automatic fire sprinkler systems for one
2437 family dwellings, two-family dwellings, and mobile homes.—
2438 (1) It is unlawful for a any person to engage in the
2439 business or act in the capacity of a contractor of automatic
2440 fire sprinkler systems for one-family dwellings, two-family
2441 dwellings, and mobile homes without having been duly certified
2442 and holding a current certificate as a Contractor I, Contractor
2443 II, or Contractor IV as defined in s. 633.102 633.021.
2444 Section 31. Section 633.557, Florida Statutes, is
2445 transferred and renumbered as section 633.226, Florida Statutes.
2446 Section 32. Section 633.161, Florida Statutes, is
2447 transferred and renumbered as section 633.228, Florida Statutes,
2448 and paragraphs (a) and (b) of subsection (1), paragraph (a) of
2449 subsection (2), and subsection (3) of that section are amended,
2450 to read:
2451 633.228 633.161 Violations; orders to cease and desist,
2452 correct hazardous conditions, preclude occupancy, or vacate;
2453 enforcement; penalties.—
2454 (1) If it is determined by the department that a violation
2455 specified in this subsection exists, the State Fire Marshal or
2456 her or his deputy may issue and deliver to the person committing
2457 the violation an order to cease and desist from such violation,
2458 to correct any hazardous condition, to preclude occupancy of the
2459 affected building or structure, or to vacate the premises of the
2460 affected building or structure. Such violations are:
2461 (a) Except as set forth in paragraph (b), a violation of
2462 any provision of this chapter, of any rule adopted pursuant
2463 thereto, of any applicable uniform firesafety standard adopted
2464 pursuant to s. 633.206 633.022 which is not adequately addressed
2465 by any alternative requirements adopted on a local level, or of
2466 any minimum firesafety standard adopted pursuant to s. 394.879.
2467 (b) A substantial violation of an applicable minimum
2468 firesafety standard adopted pursuant to s. 633.208 633.025 which
2469 is not reasonably addressed by any alternative requirement
2470 imposed at the local level, or an unreasonable interpretation of
2471 an applicable minimum firesafety standard, and which violation
2472 or interpretation clearly constitutes a danger to lifesafety.
2473 (2)(a) If, during the conduct of a firesafety inspection
2474 authorized by ss. 633.216 and 633.218 633.081 and 633.085, it is
2475 determined that a violation described in this section exists
2476 which poses an immediate danger to the public health, safety, or
2477 welfare, the State Fire Marshal may issue an order to vacate the
2478 building in question, which order shall be immediately effective
2479 and shall be an immediate final order under s. 120.569(2)(n).
2480 With respect to a facility under the jurisdiction of a district
2481 school board or community college board of trustees, the order
2482 to vacate shall be issued jointly by the district superintendent
2483 or college president and the State Fire Marshal.
2484 (3) A Any person who violates or fails to comply with any
2485 order under subsection (1) or subsection (2) commits is guilty
2486 of a misdemeanor, punishable as provided in s. 633.124 633.171.
2487 Section 33. The Division of Law Revision and Information is
2488 directed to create part III of chapter 633, Florida Statutes,
2489 consisting of sections 633.302, 633.304, 633.306, 633.308,
2490 633.312, 633.314, 633.316, 633.318, 633.322, 633.324, 633.326,
2491 633.328, 633.332, 633.334, 633.336, 633.338, 633.342, 633.344,
2492 633.346, 633.348, and 633.3482, Florida Statutes, to be entitled
2493 “Fire Protection and Suppression.”
2494 Section 34. Section 633.511, Florida Statutes, is
2495 transferred, renumbered as section 633.302, Florida Statutes,
2496 and amended to read:
2497 633.302 633.511 Florida Fire Safety Board; membership;
2498 duties; meetings; officers; quorum; compensation; seal.—
2499 (1) The Florida Fire Safety Board is created consisting of
2500 seven members who are citizens and residents of this state. One
2501 shall be the State Fire Marshal, or her or his designee
2502 designated appointee who shall be an administrative employee of
2503 the marshal; one shall be an administrative officer from a
2504 building department representing an incorporated municipality or
2505 a county; one shall be an administrative officer from a fire
2506 department representing an incorporated municipality or a
2507 county; two shall be contractors licensed pursuant to s. 633.318
2508 633.521; and two shall be persons who hold valid licenses under
2509 s. 633.304 633.061.
2510 (2)(a) To be eligible for appointment, each contractor must
2511 shall personally hold a current certificate of competency and a
2512 current license issued by the division State Fire Marshal,
2513 together with an unexpired occupational license to operate as a
2514 contractor issued by an incorporated municipality or a county;
2515 be actively engaged in such business and have been so engaged
2516 for a period of not less than 5 consecutive years before the
2517 date of her or his appointment; and be a citizen and resident of
2518 the state.
2519 (b) To be eligible for appointment, each fire equipment
2520 dealer must shall personally hold a current Class A, B, or C and
2521 Class D fire equipment dealer license issued by the division
2522 State Fire Marshal, together with an unexpired occupational
2523 license to operate as a fire equipment dealer issued by an
2524 incorporated municipality or a county; must shall be actively
2525 engaged in such business and have been so engaged for a period
2526 of not less than 5 consecutive years before the date of
2527 appointment; and must shall be a citizen and resident of this
2528 state.
2529 (3) The State Fire Marshal’s term on the board, or that of
2530 her or his designee designated administrative employee, shall
2531 coincide with the State Fire Marshal’s term of office. Of the
2532 other six members of the board, one member shall be appointed
2533 for a term of 1 year, one member for a term of 2 years, two
2534 members for terms of 3 years, and two members for terms of 4
2535 years. All terms expire on June 30 of the last year of the term.
2536 When Effective July 1, 1997, as the term of a each member
2537 expires, the State Fire Marshal shall appoint a member to fill
2538 the vacancy for a term of 4 years. The State Fire Marshal may
2539 remove any appointed member for cause. A vacancy in the
2540 membership of the board for any cause shall be filled by
2541 appointment by the State Fire Marshal for the balance of the
2542 unexpired term.
2543 (4) The board shall act in an advisory capacity to the
2544 State Fire Marshal and shall meet regularly as the need presents
2545 itself. The board shall have the authority to review complaints
2546 and disputed administrative action and make recommendations for
2547 disciplinary action to the division at the request of the
2548 licenseholder, permitholder, or certificateholder. The board
2549 will serve in an advisory capacity to the division regarding
2550 rules, codes, standards, interpretations, and training. As soon
2551 as practicable after July 1, 2013, the board shall meet to elect
2552 officers from its membership, whose terms shall expire on June
2553 30 and annually thereafter. A majority of the board shall
2554 constitute a quorum. A member of the advisory board may not be
2555 paid a salary as such member, but shall be reimbursed for
2556 necessary expenses while attending advisory board meetings,
2557 including travel in the performance of her or his duties, as
2558 provided in s. 112.061.
2559 (5) The board shall adopt a seal for its use containing the
2560 words “Florida Fire Safety Board.”
2561 Section 35. Section 633.061, Florida Statutes, is
2562 transferred and renumbered as section 633.304, Florida Statutes,
2563 and subsections (1) through (4) and subsection (9) of that
2564 section are amended, to read:
2565 633.304 633.061 Fire suppression equipment; license to
2566 install or maintain.—
2567 (1) It is unlawful for any organization or individual to
2568 engage in the business of servicing, repairing, recharging,
2569 testing, marking, inspecting, installing, or hydrotesting any
2570 fire extinguisher or preengineered system in this state except
2571 in conformity with the provisions of this chapter. Each
2572 organization or individual that engages in such activity must
2573 possess a valid and subsisting license issued by the division
2574 State Fire Marshal. All fire extinguishers and preengineered
2575 systems required by statute or by rule must be serviced by an
2576 organization or individual licensed under the provisions of this
2577 chapter. A licensee who receives appropriate training shall not
2578 be prohibited by a manufacturer from servicing any particular
2579 brand of fire extinguisher or preengineered system. The licensee
2580 is legally qualified to act for the business organization in all
2581 matters connected with its business, and the licensee must
2582 supervise all activities undertaken by such business
2583 organization. Each licensee shall maintain a specific business
2584 location. A further requirement, in the case of multiple
2585 locations where such servicing or recharging is taking place, is
2586 that each licensee who maintains more than one place of business
2587 where actual work is carried on must possess an additional
2588 license, as set forth in this section, for each location, except
2589 that a licensed individual may not qualify for more than five
2590 locations. A licensee is limited to a specific type of work
2591 performed depending upon the class of license held. Licenses and
2592 license fees are required for the following:
2593 (a) Class A: $250
2594 To service, recharge, repair, install, or inspect all types of
2595 fire extinguishers and to conduct hydrostatic tests on all types
2596 of fire extinguishers.
2597 (b) Class B: $150
2598 To service, recharge, repair, install, or inspect all types of
2599 fire extinguishers, including recharging carbon dioxide units
2600 and conducting hydrostatic tests on all types of fire
2601 extinguishers, except carbon dioxide units.
2602 (c) Class C: $150
2603 To service, recharge, repair, install, or inspect all types of
2604 fire extinguishers, except recharging carbon dioxide units, and
2605 to conduct hydrostatic tests on all types of fire extinguishers,
2606 except carbon dioxide units.
2607 (d) Class D: $200
2608 To service, repair, recharge, hydrotest, install, or inspect all
2609 types of preengineered fire extinguishing systems.
2610 (e) Licenses issued as duplicates or to reflect a change of
2611 address $10
2612
2613 Any fire equipment dealer licensed pursuant to this subsection
2614 who does not want to engage in the business of servicing,
2615 inspecting, recharging, repairing, hydrotesting, or installing
2616 halon equipment must file an affidavit on a form provided by the
2617 division so stating. Licenses will be issued by the division to
2618 show reflect the work authorized thereunder. It is unlawful,
2619 unlicensed activity for a any person or firm to falsely hold
2620 himself or herself or a business organization out to perform any
2621 service, inspection, recharge, repair, hydrotest, or
2622 installation except as specifically described in the license. A
2623 fire equipment dealer licensed pursuant to this subsection who
2624 wishes to withdraw a previously filed halon equipment exemption
2625 affidavit and engage in the business of servicing, inspecting,
2626 recharging, repairing, hydrotesting, or installing halon
2627 equipment must submit a written statement requesting the
2628 withdrawal to the division. The dealer must also submit to an
2629 inspection by the State Fire Marshal or her or his designee in
2630 order to determine that the dealer possesses the equipment
2631 required to service, inspect, recharge, repair, hydrotest, or
2632 install halon equipment.
2633 (2) A person who holds a valid fire equipment dealer
2634 license may maintain such license in an inactive status during
2635 which time he or she may not engage in any work under the
2636 definition of the license held. An inactive status license shall
2637 be void after 4 2 years or when at the time that the license is
2638 renewed, whichever comes first. The biennial renewal fee for an
2639 inactive status license shall be $75. An inactive status license
2640 may not be reactivated unless the continuing education
2641 requirements of this chapter have been fulfilled.
2642 (3) Each individual actually performing the work of
2643 servicing, recharging, repairing, hydrotesting, installing,
2644 testing, or inspecting fire extinguishers or preengineered
2645 systems must possess a valid and subsisting permit issued by the
2646 division State Fire Marshal. Permittees are limited as to
2647 specific type of work performed to allow work no more extensive
2648 than the class of license held by the licensee under whom the
2649 permittee is working. Permits will be issued by the division and
2650 the fees required are as follows:
2651 (a) Portable permit: $90 “Portable permittee” means a
2652 person who is limited to performing work no more extensive than
2653 the employing licensee in the servicing, recharging, repairing,
2654 installing, or inspecting all types of portable fire
2655 extinguishers.
2656 (b) Preengineered permit: $120 “Preengineered
2657 permittee” means a person who is limited to the servicing,
2658 recharging, repairing, installing, or inspecting of all types of
2659 preengineered fire extinguishing systems.
2660 (c) Permits issued as duplicates or to reflect a change of
2661 address $10
2662
2663 Any fire equipment permittee licensed pursuant to this
2664 subsection who does not want to engage in servicing, inspecting,
2665 recharging, repairing, hydrotesting, or installing halon
2666 equipment must file an affidavit on a form provided by the
2667 division so stating. Permits will be issued by the division to
2668 show reflect the work authorized thereunder. It is unlawful,
2669 unlicensed activity for a any person or firm to falsely hold
2670 himself or herself out to perform any service, inspection,
2671 recharge, repair, hydrotest, or installation except as
2672 specifically described in the permit.
2673 (4)(a) Such licenses and permits shall be issued by the
2674 division State Fire Marshal for 2 years beginning January 1,
2675 2000, and each 2-year period thereafter and expiring December 31
2676 of the second year. All licenses or permits issued will expire
2677 on December 31 of each odd-numbered year. The failure to renew a
2678 license or permit by December 31 of the second year will cause
2679 the license or permit to become inoperative. The holder of an
2680 inoperative license or permit may shall not engage in any
2681 activities for which a license or permit is required by this
2682 section. A license or permit which is inoperative because of the
2683 failure to renew it shall be restored upon payment of the
2684 applicable fee plus a penalty equal to the applicable fee, if
2685 the application for renewal is filed no later than the following
2686 March 31. If the application for restoration is not made before
2687 the March 31st deadline, the fee for restoration shall be equal
2688 to the original application fee and the penalty provided for
2689 herein, and, in addition, the State Fire Marshal shall require
2690 reexamination of the applicant. The fee for a license or permit
2691 issued for 1 year or less shall be prorated at 50 percent of the
2692 applicable fee for a biennial license or permit.
2693 (b) After initial licensure, each licensee or permittee
2694 must successfully complete a course or courses of continuing
2695 education for fire equipment technicians of at least 16 hours. A
2696 license or permit may not be renewed unless the licensee or
2697 permittee produces documentation of the completion of at least
2698 16 hours of continuing education for fire equipment technicians
2699 during the biennial licensure period. A person who is both a
2700 licensee and a permittee shall be required to complete 16 hours
2701 of continuing education during each renewal period. Each
2702 licensee shall ensure that all permittees in his or her
2703 employment meet their continuing education requirements. The
2704 State Fire Marshal shall adopt rules describing the continuing
2705 education requirements and shall have the authority upon
2706 reasonable belief, to audit a fire equipment dealer to determine
2707 compliance with continuing education requirements.
2708 (c)(b) The forms of such licenses and permits and
2709 applications therefor shall be prescribed by the State Fire
2710 Marshal; in addition to such other information and data as that
2711 officer determines is appropriate and required for such forms,
2712 there shall be included in such forms the following matters.
2713 Each such application must shall be in such form as to provide
2714 that the data and other information set forth therein shall be
2715 sworn to by the applicant or, if a corporation, by an officer
2716 thereof. An application for a permit must shall include the name
2717 of the licensee employing such permittee, and the permit issued
2718 in pursuance of such application must shall also set forth the
2719 name of such licensee. A permit is valid solely for use by the
2720 holder thereof in his or her employment by the licensee named in
2721 the permit.
2722 (d)(c) A license of any class may shall not be issued or
2723 renewed by the division State Fire Marshal and a license of any
2724 class does shall not remain operative unless:
2725 1. The applicant has submitted to the State Fire Marshal
2726 evidence of registration as a Florida corporation or evidence of
2727 compliance with s. 865.09.
2728 2. The State Fire Marshal or his or her designee has by
2729 inspection determined that the applicant possesses the equipment
2730 required for the class of license sought. The State Fire Marshal
2731 shall give an applicant a reasonable opportunity to correct any
2732 deficiencies discovered by inspection. To obtain such
2733 inspection, an applicant with facilities located outside this
2734 state must:
2735 a. Provide a notarized statement from a professional
2736 engineer licensed by the applicant’s state of domicile
2737 certifying that the applicant possesses the equipment required
2738 for the class of license sought and that all such equipment is
2739 operable; or
2740 b. Allow the State Fire Marshal or her or his designee to
2741 inspect the facility. All costs associated with the State Fire
2742 Marshal’s inspection shall be paid by the applicant. The State
2743 Fire Marshal, in accordance with s. 120.54, may adopt rules to
2744 establish standards for the calculation and establishment of the
2745 amount of costs associated with any inspection conducted by the
2746 State Fire Marshal under this section. Such rules shall include
2747 procedures for invoicing and receiving funds in advance of the
2748 inspection A fee of $50, payable to the State Fire Marshal,
2749 shall be required for any subsequent reinspection.
2750 3. The applicant has submitted to the State Fire Marshal
2751 proof of insurance providing coverage for comprehensive general
2752 liability for bodily injury and property damage, products
2753 liability, completed operations, and contractual liability. The
2754 State Fire Marshal shall adopt rules providing for the amounts
2755 of such coverage, but such amounts shall not be less than
2756 $300,000 for Class A or Class D licenses, $200,000 for Class B
2757 licenses, and $100,000 for Class C licenses; and the total
2758 coverage for any class of license held in conjunction with a
2759 Class D license may shall not be less than $300,000. The State
2760 Fire Marshal may, at any time after the issuance of a license or
2761 its renewal, require upon demand, and in no event more than 30
2762 days after notice of such demand, the licensee to provide proof
2763 of insurance, on a form provided by the State Fire Marshal,
2764 containing confirmation of insurance coverage as required by
2765 this chapter. Failure, for any length of time, to provide proof
2766 of insurance coverage as required shall result in the immediate
2767 suspension of the license until proof of proper insurance is
2768 provided to the State Fire Marshal. An insurer which provides
2769 such coverage shall notify the State Fire Marshal of any change
2770 in coverage or of any termination, cancellation, or nonrenewal
2771 of any coverage.
2772 4. The applicant applies to the State Fire Marshal,
2773 provides proof of experience, and successfully completes a
2774 prescribed training course offered by the State Fire College or
2775 an equivalent course approved by the State Fire Marshal. This
2776 subparagraph does not apply to any holder of or applicant for a
2777 permit under paragraph (g) (f) or to a business organization or
2778 a governmental entity seeking initial licensure or renewal of an
2779 existing license solely for the purpose of inspecting,
2780 servicing, repairing, marking, recharging, and maintaining fire
2781 extinguishers used and located on the premises of and owned by
2782 such organization or entity.
2783 5. The applicant has a current retestor identification
2784 number that is appropriate for the license for which the
2785 applicant is applying and that is listed with the United States
2786 Department of Transportation.
2787 6. The applicant has passed, with a grade of at least 70
2788 percent, a written examination testing his or her knowledge of
2789 the rules and statutes governing regulating the activities
2790 authorized by the license and demonstrating his or her knowledge
2791 and ability to perform those tasks in a competent, lawful, and
2792 safe manner. Such examination shall be developed and
2793 administered by the State Fire Marshal, or his or her designee
2794 in accordance with policies and procedures of the State Fire
2795 Marshal. An applicant shall pay a nonrefundable examination fee
2796 of $50 for each examination or reexamination scheduled. A No
2797 reexamination may not shall be scheduled sooner than 30 days
2798 after any administration of an examination to an applicant. An
2799 No applicant may not shall be permitted to take an examination
2800 for any level of license more than a total of four times during
2801 1 year, regardless of the number of applications submitted. As a
2802 prerequisite to licensure of the applicant, he or she:
2803 a. Must be at least 18 years of age.
2804 b. Must have 4 years of proven experience as a fire
2805 equipment permittee at a level equal to or greater than the
2806 level of license applied for or have a combination of education
2807 and experience determined to be equivalent thereto by the State
2808 Fire Marshal. Having held a permit at the appropriate level for
2809 the required period constitutes the required experience.
2810 c. Must not have been convicted of a felony or a crime
2811 punishable by imprisonment of 1 year or more under the law of
2812 the United States or of any state thereof or under the law of
2813 any other country, or pled nolo contendere to, any felony.
2814 “Convicted” means a finding of guilt or the acceptance of a plea
2815 of guilty or nolo contendere in any federal or state court or a
2816 court in any other country, without regard to whether a judgment
2817 of conviction has been entered by the court having jurisdiction
2818 of the case. If an applicant has been convicted of any such
2819 felony, the applicant shall be excluded from licensure for a
2820 period of 4 years after expiration of sentence or final release
2821 by the Parole Commission unless the applicant, before the
2822 expiration of the 4-year period, has received a full pardon or
2823 has had her or his civil rights restored must comply with s.
2824 112.011(1)(b).
2825
2826 This subparagraph does not apply to any holder of or applicant
2827 for a permit under paragraph (g) (f) or to a business
2828 organization or a governmental entity seeking initial licensure
2829 or renewal of an existing license solely for the purpose of
2830 inspecting, servicing, repairing, marking, recharging,
2831 hydrotesting, and maintaining fire extinguishers used and
2832 located on the premises of and owned by such organization or
2833 entity.
2834 (d) An applicant who fails the examination may take it
2835 three more times during the 1-year period after he or she
2836 originally filed an application for the examination. If the
2837 applicant fails the examination within 1 year after the
2838 application date and seeks to retake the examination, he or she
2839 must file a new application, pay the application and examination
2840 fees, and successfully complete a prescribed training course
2841 approved by the State Fire College or an equivalent course
2842 approved by the State Fire Marshal. An applicant may not submit
2843 a new application within 6 months after the date of his or her
2844 last reexamination.
2845 (e) A fire equipment dealer licensed under this section may
2846 apply to convert upgrade the license currently held to a higher
2847 licensing category, if the licensed dealer:
2848 1. Submits an application for the license on a form in
2849 conformance with paragraph (c) (b). The application must be
2850 accompanied by a fee as prescribed in s. 633.132 subsection (1)
2851 for the type of license requested.
2852 2. Provides evidence of 2 years’ experience as a licensed
2853 dealer and meets such relevant educational requirements as are
2854 established by rule by the State Fire Marshal for purposes of
2855 upgrading a license.
2856 3. Meets the requirements of paragraph (d) (c).
2857 (f) A fire equipment dealer licensed under this section may
2858 apply to convert the license currently held to a lower licensing
2859 category, if the licensed dealer:
2860 1. Submits an application for the license on a form in
2861 conformance with paragraph (c). The application must be
2862 accompanied by a fee as prescribed in s. 633.132 for the type of
2863 license requested.
2864 2. Submits proof of insurance providing coverage meeting
2865 the requirements prescribed in subparagraph (d)3.
2866 3. Submits to an inspection of the facility to ensure all
2867 equipment associated with the higher class of license has been
2868 removed and submits the required reinspection fee.
2869 (g) A No permit of any class may not shall be issued or
2870 renewed to a person by the division State Fire Marshal, and a no
2871 permit of any class does not shall remain operative, unless the
2872 person has:
2873 1. Submitted a nonrefundable examination fee in the amount
2874 of $50.;
2875 2. Successfully completed a training course offered by the
2876 State Fire College or an equivalent course approved by the State
2877 Fire Marshal.; and
2878 3. Passed, with a grade of at least 70 percent, a written
2879 examination testing his or her knowledge of the rules and
2880 statutes governing regulating the activities authorized by the
2881 permit and demonstrating his or her knowledge and ability to
2882 perform those tasks in a competent, lawful, and safe manner.
2883 Such examination must shall be developed and administered by the
2884 State Fire Marshal in accordance with the policies and
2885 procedures of the State Fire Marshal. An examination fee must
2886 shall be paid for each examination scheduled. A No reexamination
2887 may not shall be scheduled sooner than 30 days after any
2888 administration of an examination to an applicant. An No
2889 applicant may not shall be permitted to take an examination for
2890 any level of permit more than four times during 1 year,
2891 regardless of the number of applications submitted. As a
2892 prerequisite to taking the permit examination, the applicant
2893 must be at least 16 years of age.
2894 (h)(g) An applicant for a license or permit under this
2895 section who fails the examination may take it three more times
2896 during the 1-year period after he or she originally filed an
2897 application for the examination. If the applicant fails the
2898 examination within 1 year after the application date and he or
2899 she seeks to retake the examination, he or she must file a new
2900 application, pay the application and examination fees, and
2901 successfully complete a prescribed training course offered by
2902 the State Fire College or an equivalent course approved by the
2903 State Fire Marshal. The applicant may not submit a new
2904 application within 6 months after the date of his or her fourth
2905 last reexamination. An applicant who passes the examination but
2906 does not meet the remaining qualifications prescribed by law and
2907 rule within 1 year after the application date must file a new
2908 application, pay the application and examination fee,
2909 successfully complete a prescribed training course approved by
2910 the State Fire College or an equivalent course approved by the
2911 State Fire Marshal, and pass the written examination.
2912 (9) The provisions of This section does chapter do not
2913 apply to inspections by fire chiefs, fire inspectors, fire
2914 marshals, or insurance company inspectors.
2915 Section 36. Section 633.065, Florida Statutes, is
2916 transferred and renumbered as section 633.306, Florida Statutes,
2917 and paragraph (a) of subsection (1) of that section is amended,
2918 to read:
2919 633.306 633.065 Requirements for installation, inspection,
2920 and maintenance of fire suppression equipment.—
2921 (1) The requirements for installation of fire extinguishers
2922 and preengineered systems are as follows:
2923 (a) Fire equipment dealers shall be licensed under s.
2924 633.304 633.061.
2925 Section 37. Section 633.071, Florida Statutes, is
2926 transferred and renumbered as section 633.308, Florida Statutes,
2927 and subsection (2) of that section is amended, to read:
2928 633.308 633.071 Standard service tag required on all fire
2929 extinguishers and preengineered systems; serial number required
2930 on all portable fire extinguishers; standard inspection tags
2931 required on all fire protection systems.—
2932 (2) All portable fire extinguishers required by statute or
2933 by rule must shall be listed by Underwriters Laboratories, Inc.,
2934 or approved by Factory Mutual Laboratories, Inc., or listed by a
2935 nationally recognized testing laboratory in accordance with
2936 procedures adopted pursuant to s. 633.314(2) 633.083(2), and
2937 carry an Underwriters Laboratories, Inc., or manufacturer’s
2938 serial number. These listings, approvals, and serial numbers may
2939 be stamped on the manufacturer’s identification and instructions
2940 plate or on a separate Underwriters Laboratories, Inc., or
2941 Factory Mutual Laboratories, Inc., plate soldered or attached to
2942 the extinguisher shell in some permanent manner.
2943 Section 38. Section 633.082, Florida Statutes, is
2944 transferred and renumbered as section 633.312, Florida Statutes,
2945 and subsections (2) and (3) of that section are amended, to
2946 read:
2947 633.312 633.082 Inspection of fire control systems, fire
2948 hydrants, and fire protection systems.—
2949 (2) Fire hydrants and fire protection systems installed in
2950 public and private properties, except one-family or two-family
2951 dwellings, shall be inspected following procedures established
2952 in the nationally recognized inspection, testing, and
2953 maintenance standards publications NFPA-24 and NFPA-25 as set
2954 forth in the edition adopted by the State Fire Marshal.
2955 Quarterly, annual, 3-year, and 5-year inspections consistent
2956 with the contractual provisions with the owner shall be
2957 conducted by the certificateholder or permittees employed by the
2958 certificateholder pursuant to s. 633.318 633.521, except that:
2959 (a) Public fire hydrants owned by a governmental entity
2960 shall be inspected following procedures established in the
2961 inspection, testing, and maintenance standards adopted by the
2962 State Fire Marshal or equivalent standards such as those
2963 contained in the latest edition of the American Water Works
2964 Association’s Manual M17, “Installation, Field Testing, and
2965 Maintenance of Fire Hydrants.”
2966 (b) County, municipal, and special district utilities may
2967 perform fire hydrant inspections required by this section using
2968 designated employees. Such designated employees need not be
2969 certified under this chapter. However, counties, municipalities,
2970 or special districts that use designated employees are
2971 responsible for ensuring that the designated employees are
2972 qualified to perform such inspections.
2973 (3) The inspecting contractor shall provide to the building
2974 owner or hydrant owner and the local authority having
2975 jurisdiction a copy of the applicable inspection report
2976 established under this chapter. The maintenance of fire hydrant
2977 and fire protection systems as well as corrective actions on
2978 deficient systems is the responsibility of the owner of the
2979 system or hydrant. Equipment requiring periodic testing or
2980 operation to ensure its maintenance shall be tested or operated
2981 as specified in the Fire Prevention Code, Life Safety Code,
2982 National Fire Protection Association standards, or as directed
2983 by the appropriate authority agency having jurisdiction,
2984 provided that such appropriate authority may agency shall not
2985 require a sprinkler system not required by the Fire Prevention
2986 Code, Life Safety Code, or National Fire Protection Association
2987 standards to be removed regardless of its condition. This
2988 section does not prohibit governmental entities from inspecting
2989 and enforcing firesafety codes.
2990 Section 39. Section 633.083, Florida Statutes, is
2991 transferred and renumbered as section 633.314, Florida Statutes,
2992 and subsection (3) of that section is amended, to read:
2993 633.314 633.083 Sale or use of certain types of fire
2994 extinguishers prohibited; penalty.—
2995 (3) A person who violates any of the provisions of this
2996 section commits is guilty of a misdemeanor of the second degree,
2997 punishable as provided in s. 775.082 or s. 775.083.
2998 Section 40. Section 633.162, Florida Statutes, is
2999 transferred and renumbered as section 633.316, Florida Statutes,
3000 and subsection (1) and paragraph (e) of subsection (4) of that
3001 section are amended, to read:
3002 633.316 633.162 Fire suppression system contractors;
3003 disciplinary action.—
3004 (1) The violation of any provision of this chapter or any
3005 rule adopted and adopted promulgated pursuant hereto or the
3006 failure or refusal to comply with any notice or order to correct
3007 a violation or any cease and desist order by a any person who
3008 possesses a license or permit issued pursuant to s. 633.304
3009 633.061 is cause for denial, nonrenewal, revocation, or
3010 suspension of such license or permit by the State Fire Marshal
3011 after such officer has determined that the person committed is
3012 guilty of such violation. An order of suspension must shall
3013 state the period of time of such suspension, which period may
3014 not be in excess of 2 years from the date of such order. An
3015 order of revocation may be entered for a period not exceeding 5
3016 years. Such orders shall effect suspension or revocation of all
3017 licenses or permits issued by the division to then held by the
3018 person, and during such period a of time no license or permit
3019 may not shall be issued by the division to such person. During
3020 the suspension or revocation of any license or permit, the
3021 former licensee or permittee may shall not engage in or attempt
3022 or profess to engage in any transaction or business for which a
3023 license or permit is required under this chapter or directly or
3024 indirectly own, control, or be employed in any manner by any
3025 firm, business, or corporation for which a license or permit
3026 under this chapter is required. If, during the period between
3027 the beginning of proceedings and the entry of an order of
3028 suspension or revocation by the State Fire Marshal, a new
3029 license or permit has been issued by the division to the person
3030 so charged, the order of suspension or revocation shall operate
3031 to suspend or revoke such new license or permit held by such
3032 person.
3033 (4) In addition to the grounds set forth in subsection (1),
3034 it is cause for denial, nonrenewal, revocation, or suspension of
3035 a license or permit by the State Fire Marshal if she or he
3036 determines that the licensee or permittee has:
3037 (e) Failed to provide proof of insurance to the State Fire
3038 Marshal or failed to maintain in force the insurance coverage
3039 required by s. 633.304 633.061.
3040 Section 41. Section 633.521, Florida Statutes, is
3041 transferred and renumbered as section 633.318, Florida Statutes,
3042 and subsection (1), paragraph (a) of subsection (2), paragraphs
3043 (c) and (g) of subsection (3), and subsections (4), (8), and
3044 (11) of that section are amended, to read:
3045 633.318 633.521 Certificate application and issuance;
3046 permit issuance; examination and investigation of applicant.—
3047 (1) To obtain a fire protection system contractor’s
3048 certificate, an applicant shall submit to the division State
3049 Fire Marshal an application in writing, on a form provided by
3050 the division State Fire Marshal containing the information
3051 prescribed, which shall be accompanied by the fee fixed herein,
3052 containing a statement that the applicant desires the issuance
3053 of a certificate and stating the class of certificate requested.
3054 (2)(a) Examinations shall be administered by the division
3055 State Fire Marshal and held at times and places within the state
3056 as the division State Fire Marshal determines, but there shall
3057 be at least two examinations a year. Each applicant shall take
3058 and pass an objective, written examination of her or his fitness
3059 for a certificate in the class for which the application is
3060 requested. There shall be a type of examination for each class
3061 of certificate for contractors as of the classes of certificates
3062 defined in s. 633.102 633.021(5). The examination must shall
3063 test the applicant’s ability to lay out, fabricate, install,
3064 alter, repair, and inspect fire protection systems and their
3065 appurtenances and must shall test the applicant’s fitness in
3066 business and financial management. The test must shall be based
3067 on applicable standards of the National Fire Protection
3068 Association and on relevant Florida and federal laws pertaining
3069 to the construction industry, safety standards, administrative
3070 procedures, and pertinent technical data.
3071 (3)
3072 (c) Required education and experience for certification as
3073 a Contractor I, Contractor II, Contractor III, or Contractor IV
3074 includes training and experience in both installation and system
3075 layout as defined in s. 633.102 633.021.
3076 (g) Within 30 days after the date of the examination, the
3077 division State Fire Marshal shall inform the applicant in
3078 writing whether she or he has qualified or not and, if the
3079 applicant has qualified, that she or he is eligible ready to be
3080 issued issue a certificate of competency, subject to compliance
3081 with the requirements of subsection (4).
3082 (4) As a prerequisite to issuance of a certificate, the
3083 division must State Fire Marshal shall require the applicant to
3084 submit satisfactory evidence that she or he has obtained
3085 insurance providing coverage for comprehensive general liability
3086 for bodily injury and property damages, products liability,
3087 completed operations, and contractual liability. The division
3088 State Fire Marshal may adopt rules providing for the amount of
3089 insurance, but such amount shall not be less than $500,000 for a
3090 Contractor I, Contractor II, Contractor III, or Contractor V and
3091 shall not be less than $250,000 for a Contractor IV. An insurer
3092 which provides such coverage shall notify within 30 days the
3093 division within 30 days State Fire Marshal of any material
3094 change in coverage or any termination, cancellation, or
3095 nonrenewal of such coverage. An insurer which fails to so notify
3096 the division State Fire Marshal’s office shall be subject to the
3097 penalties provided under s. 624.4211.
3098 (8) An individual employed by a Contractor I or Contractor
3099 II certificateholder, as established in this section, who will
3100 be inspecting water-based fire protection systems as required
3101 under s. 633.312 633.082, must be issued a permit by the
3102 division State Fire Marshal to conduct such work. The permit is
3103 valid solely for use by the holder thereof in his or her
3104 employment by the certificateholder named in the permit. A
3105 permittee must have a valid and subsisting permit upon his or
3106 her person at all times while engaging in inspecting fire
3107 protection systems, and a permitholder must be able to produce
3108 such a permit upon demand. In addition, a permittee shall, at
3109 all times while performing inspections, carry an identification
3110 card containing his or her photograph and other identifying
3111 information as prescribed by the State Fire Marshal, and the
3112 permittee must produce the identification card and information
3113 upon demand. The permit and the identification may be one and
3114 the same. A permittee is limited as to the specific type of work
3115 performed, depending upon the class of certificate held by the
3116 certificateholder under whom the permittee is working. The
3117 permit class shall be known as a Water-Based Fire Protection
3118 Inspector whose permit allows the holder to inspect water
3119 sprinkler systems, water spray systems, foam-water sprinkler
3120 systems, foam-water spray systems, standpipes, combination
3121 standpipes and sprinkler systems, all piping that is an integral
3122 part of the system beginning at the point where the piping is
3123 used exclusively for fire protection, sprinkler tank heaters,
3124 air lines, thermal systems used in connection with sprinklers,
3125 and tanks and pumps connected thereto, excluding preengineered
3126 systems.
3127 (11) It is intended that a certificateholder, or a
3128 permitholder who is employed by a certificateholder, conduct
3129 inspections required by this chapter. It is understood that
3130 after July 1, 2008, employee turnover may result in a depletion
3131 of personnel who are certified under the NICET Sub-field of
3132 Inspection and Testing of Fire Protection Systems Level II or
3133 equivalent training and education as required by the division of
3134 State Fire Marshal. A certificateholder may obtain a provisional
3135 permit with an endorsement for inspection, testing, and
3136 maintenance of water-based fire extinguishing systems for an
3137 employee if the employee has initiated procedures for obtaining
3138 Level II certification from the National Institute for
3139 Certification in Engineering Technologies Sub-field of
3140 Inspection and Testing of Fire Protection Systems and achieved
3141 Level I certification or an equivalent level as determined by
3142 the State Fire Marshal through verification of experience,
3143 training, and examination. The division State Fire Marshal may
3144 establish rules to administer this subsection. After 2 years of
3145 provisional certification, the employee must have achieved NICET
3146 Level II certification or obtain equivalent training and
3147 education as determined by the division, or cease performing
3148 inspections requiring Level II certification. The provisional
3149 permit is valid only for the 2 calendar years after the date of
3150 issuance, may not be extended, and is not renewable. After the
3151 initial 2-year provisional permit expires, the certificateholder
3152 must wait 2 additional years before a new provisional permit may
3153 be issued. The intent is to prohibit the certificateholder from
3154 using employees who never reach NICET Level II status, or
3155 equivalent training and education as determined by the division,
3156 by continuously obtaining provisional permits.
3157 Section 42. Section 633.551, Florida Statutes, is
3158 transferred and renumbered as section 633.322, Florida Statutes,
3159 and subsections (1) through (3) of that section are amended, to
3160 read:
3161 633.322 633.551 County, and municipal, and special district
3162 powers; effect of ch. 75-240.—
3163 (1) Nothing in This chapter does not limit act limits the
3164 power of a municipality, or county, or special district to
3165 regulate the quality and character of work performed by
3166 contractors through a system of permits, fees, and inspections
3167 which are designed to secure compliance with, and aid in the
3168 implementation of, state and local building laws or to enforce
3169 other local laws for the protection of the public health and
3170 safety.
3171 (2) Nothing in This chapter does not limit act limits the
3172 power of a municipality, or county, or special district to adopt
3173 any system of permits requiring submission to and approval by
3174 the municipality, or county, or special district of plans and
3175 specifications for work to be performed by contractors before
3176 commencement of the work, except that a no municipality, or
3177 county, or special district may not shall require a fire
3178 protection system contractor’s shop drawings to be sealed by a
3179 professional engineer.
3180 (3) An Any official authorized to issue building or other
3181 related permits shall ascertain that the applicant contractor is
3182 duly certified before issuing the permit. The evidence shall
3183 consist only of the exhibition to him or her of current evidence
3184 of current certification.
3185 Section 43. Section 633.527, Florida Statutes, is
3186 transferred and renumbered as section 633.324, Florida Statutes.
3187 Section 44. Section 633.531, Florida Statutes, is
3188 transferred and renumbered as section 633.326, Florida Statutes.
3189 Section 45. Section 633.534, Florida Statutes, is
3190 transferred and renumbered as section 633.328, Florida Statutes,
3191 and subsection (4) of that section is amended, to read:
3192 633.328 633.534 Issuance of certificate to individuals and
3193 business organizations.—
3194 (4) If When the certified business organization makes
3195 application for an occupational license in any municipality or
3196 county of this state, the application must shall be made with
3197 the tax collector in the name of the business organization, and
3198 the license, when issued, shall be issued to the business
3199 organization upon payment of the appropriate licensing fee and
3200 exhibition to the tax collector of a valid certificate issued by
3201 the division State Fire Marshal.
3202 Section 46. Section 633.537, Florida Statutes, is
3203 transferred and renumbered as section 633.332, Florida Statutes,
3204 and subsections (1) and (2) and paragraph (a) of subsection (3)
3205 of that section are amended, to read:
3206 633.332 633.537 Certificate; expiration; renewal; inactive
3207 certificate; continuing education.—
3208 (1) Certificates shall expire every 2 years at midnight on
3209 June 30. Effective with the June 30, 1998, renewal, All
3210 certificates must be renewed every 2 years. The failure to renew
3211 a certificate before during June 30, shall cause the certificate
3212 to become inoperative, and it is unlawful thereafter for a any
3213 person to engage, offer to engage, or hold herself or himself
3214 out as engaging in contracting under the certificate unless the
3215 certificate is restored or reissued. A certificate which is
3216 inoperative because of failure to renew shall be restored on
3217 payment of the proper renewal fee if the application for
3218 restoration is made within 90 days after June 30. If the
3219 application for restoration is not made within the 90-day
3220 period, the fee for restoration must shall be equal to the
3221 original application fee, and, in addition, the State Fire
3222 Marshal must shall require examination or reexamination of the
3223 applicant.
3224 (2) A person who holds a valid certificate may maintain
3225 such certificate in an inactive status during which time she or
3226 he may not engage in contracting. An inactive status certificate
3227 shall be void after a 2-year period. The biennial renewal fee
3228 for an inactive status certificate shall be $75. An inactive
3229 status certificate may be reactivated upon application to the
3230 State Fire Marshal and payment of the initial application fee.
3231 (3)(a) A certificate for the Contractor I, II, and III
3232 classifications as defined in this chapter may shall not be
3233 renewed unless the certificateholder produces documentation of
3234 at least 32 contact hours of continuing education in the fire
3235 protection discipline during the biennial licensure period.
3236 Holders of Contractor IV certificates are required to obtain 14
3237 contact hours of continuing education encompassing the
3238 appropriate National Fire Protection Association fire sprinkler
3239 documents before prior to renewal. Holders of Contractor V
3240 certificates are required to obtain 14 contact hours of
3241 continuing education before prior to renewal, at least 1 hour of
3242 which is in the fire protection discipline. Any continuing
3243 education hours approved pursuant to chapter 489 by the
3244 Construction Industry Licensing Board for underground utility
3245 and excavation contractors shall be considered as also approved
3246 to comply with Contractor V continuing education requirements. A
3247 Contractor V certificateholder shall provide to the State Fire
3248 Marshal evidence of approval of such coursework by the
3249 Construction Industry Licensing Board.
3250 Section 47. Section 633.539, Florida Statutes, is
3251 transferred and renumbered as section 633.334, Florida Statutes,
3252 and paragraph (a) of subsection (1) and subsections (2) and (4)
3253 of that section are amended, to read:
3254 633.334 633.539 Requirements for installation, inspection,
3255 and maintenance of fire protection systems.—
3256 (1) The requirements for installation of fire protection
3257 systems are as follows:
3258 (a) Contractors of fire protection systems shall be
3259 certified under s. 633.318 633.521.
3260 (2) Equipment shall be inspected, serviced, and maintained
3261 in accordance with the manufacturer’s maintenance procedures and
3262 with applicable National Fire Protection Association standards.
3263 The inspection of fire protection systems shall be conducted by
3264 a certificateholder or holder of a permit issued by the division
3265 State Fire Marshal. The permitholder may perform inspections on
3266 fire protection systems only while employed by the
3267 certificateholder. This section does not prohibit the authority
3268 having jurisdiction or insurance company representatives from
3269 reviewing the system in accordance with acceptable oversight
3270 standards.
3271 (4) The Contractor V may install the cross-connection
3272 backflow prevention device as defined in this chapter on new
3273 installations following the engineer of record’s direction on
3274 the type and size of the device. The retrofitting of a backflow
3275 device on an existing fire protection system will cause a
3276 reduction in available water pressure and probable system
3277 malfunction. The development of aboveground fire protection
3278 system hydraulic calculations is a task of the Contractor I and
3279 II, as defined in this chapter. Accordingly, a Contractor V is
3280 expressly prohibited from retrofitting cross-connection backflow
3281 prevention devices on an existing fire protection system, and
3282 only a Contractor I or Contractor II who is tasked to
3283 recalculate the system and take corrective actions to ensure
3284 that the system will function with the available water supply
3285 may retroactively install these backflow devices on existing
3286 fire protection systems.
3287 Section 48. Section 633.541, Florida Statutes, is
3288 transferred and renumbered as section 633.336, Florida Statutes,
3289 and subsections (1), (3), and (4) of that section are amended,
3290 to read:
3291 633.336 633.541 Contracting without certificate prohibited;
3292 violations; penalty.—
3293 (1) It is unlawful for any organization or individual to
3294 engage in the business of layout, fabrication, installation,
3295 inspection, alteration, repair, or service of a fire protection
3296 system, other than a preengineered system, act in the capacity
3297 of a fire protection contractor, or advertise itself as being a
3298 fire protection contractor without having been duly certified
3299 and holding a valid and existing certificate, except as
3300 hereinafter provided. The holder of a certificate used to
3301 qualify an organization must be a full-time employee of the
3302 qualified organization or business. A certificateholder who is
3303 employed by more than one fire protection contractor during the
3304 same period of time is deemed not to be a full-time employee of
3305 either contractor. The State Fire Marshal shall revoke, for a
3306 period of time determined by the State Fire Marshal, the
3307 certificate of a certificateholder who allows the use of the
3308 certificate to qualify a company of which the certificateholder
3309 is not a full-time employee. A contractor who maintains more
3310 than one place of business must employ a certificateholder at
3311 each location. Nothing in This subsection does not prohibit
3312 prohibits an employee acting on behalf of governmental entities
3313 from inspecting and enforcing firesafety codes, provided such
3314 employee is certified under s. 633.216 633.081.
3315 (3) A Any person who violates any provision of this act or
3316 commits any of the acts constituting cause for disciplinary
3317 action as herein set forth commits is guilty of a misdemeanor of
3318 the second degree, punishable as provided in s. 775.082 or s.
3319 775.083.
3320 (4) In addition to the penalties provided in subsection
3321 (3), a fire protection contractor certified under this chapter
3322 who violates any provision of this section or who commits any
3323 act constituting cause for disciplinary action is subject to
3324 suspension or revocation of the certificate and administrative
3325 fines pursuant to s. 633.338 633.547.
3326 Section 49. Section 633.547, Florida Statutes, is
3327 transferred and renumbered as section 633.338, Florida Statutes,
3328 and paragraphs (d) and (h) of subsection (2) and subsection (3)
3329 of that section are amended, to read:
3330 633.338 633.547 Disciplinary action; fire protection system
3331 contractors; grounds for denial, nonrenewal, suspension, or
3332 revocation of certificate or permit.—
3333 (2) The following acts constitute cause for disciplinary
3334 action:
3335 (d) Disciplinary action by any municipality, or county, or
3336 special district, which action shall be reviewed by the State
3337 Fire Marshal before taking any disciplinary action.
3338 (h) Failing to provide proof of insurance to the State Fire
3339 Marshal or failing to maintain in force the insurance coverage
3340 required by s. 633.318 633.521.
3341 (3) The State Fire Marshal is authorized to take the
3342 following disciplinary action:
3343 (a) She or he may suspend the contractor’s certificate
3344 certificateholder for a period of up to not to exceed 2 years.
3345 During that period, the contractor must cease all operations as
3346 a contractor, but the State Fire Marshal may authorize the
3347 certificateholder from all operations as a contractor during the
3348 period fixed by the State Fire Marshal, but she or he may permit
3349 the certificateholder to complete any contracts then incomplete.
3350 (b) She or he may revoke a certificate for a period not to
3351 exceed 5 years.
3352 Section 50. Section 633.549, Florida Statutes, is
3353 transferred, renumbered as section 633.342, Florida Statutes,
3354 and amended to read:
3355 633.342 633.549 Violations subject to injunction.—A Any
3356 person who operates as a contractor without a current
3357 certificate or who violates any part of this chapter or any
3358 rule, decision, order, direction, demand, or requirement of the
3359 State Fire Marshal in relation thereto, or any part or provision
3360 thereof, may be enjoined by the courts of the state from any
3361 such violation or such unauthorized or unlawful contracting at
3362 the request instance of the State Fire Marshal, the board, or
3363 any resident citizen or taxpayer of the state.
3364 Section 51. Section 633.554, Florida Statutes, is
3365 transferred and renumbered as section 633.344, Florida Statutes.
3366 Section 52. Section 633.70, Florida Statutes, is
3367 transferred and renumbered as section 633.346, Florida Statutes,
3368 and subsection (1) of that section is amended, to read:
3369 633.346 633.70 Jurisdiction of State Fire Marshal over
3370 alarm system contractors and certified unlimited electrical
3371 contractors.—
3372 (1) If When the State Fire Marshal, in the course of its
3373 activities pursuant to s. 633.104(2) 633.01(2), determines that
3374 an alarm system contractor or a certified unlimited electrical
3375 contractor working with an alarm system has violated any
3376 provision of this chapter or the rules of the State Fire
3377 Marshal, the State Fire Marshal shall have jurisdiction,
3378 notwithstanding any other provision of this chapter, to order
3379 corrective action by the alarm system contractor or the
3380 certified unlimited electrical contractor to bring the alarm
3381 system into compliance with applicable standards set forth in
3382 this chapter and the rules of the State Fire Marshal.
3383 Section 53. Section 633.701, Florida Statutes, is
3384 transferred and renumbered as section 633.348, Florida Statutes.
3385 Section 54. Section 633.702, Florida Statutes, is
3386 transferred and renumbered as section 633.3482, Florida
3387 Statutes, and subsection (2) and paragraph (c) of subsection (3)
3388 of that section are amended, to read:
3389 633.3482 633.702 Prohibited acts regarding alarm system
3390 contractors or certified unlimited electrical contractors;
3391 penalties.—
3392 (2) A Any person who violates this section commits is
3393 guilty of a misdemeanor of the second degree, punishable as
3394 provided in s. 775.082 or s. 775.083.
3395 (3) It is a misdemeanor of the first degree, punishable as
3396 provided in s. 775.082 or s. 775.083, for any fire alarm system
3397 contractor or certified unlimited electrical contractor to
3398 intentionally or willfully:
3399 (c) Knowingly combine combining or conspire conspiring with
3400 a any person by allowing one’s certificate to be used by an any
3401 uncertified person with intent to evade the provisions of this
3402 act. When a licensee allows his or her license to be used by one
3403 or more companies without having any active participation in the
3404 operation or management of the said companies, such act
3405 constitutes prima facie evidence of any intent to evade the
3406 provisions of this chapter act.
3407 Section 55. The Division of Law Revision and Information is
3408 directed to create part IV of chapter 633, Florida Statutes,
3409 consisting of sections 633.402, 633.404, 633.406, 633.408,
3410 633.412, 633.414, 633.416, 633.418, 633.422, 633.424, 633.426,
3411 633.428, 633.432, 633.434, 633.436, 633.438, 633.442, 633.444,
3412 and 633.446, Florida Statutes, to be entitled “Fire Standards
3413 and Training.”
3414 Section 56. Section 633.31, Florida Statutes, is
3415 transferred and renumbered as section 633.402, Florida Statutes,
3416 subsection (1) of that section is amended, and new subsections
3417 (5) through (9) are added to that section, to read:
3418 633.402 633.31 Firefighters Employment, Standards, and
3419 Training Council; organization; meetings; quorum; compensation;
3420 seal; special powers; firefighter training.—
3421 (1) There is created within the department a Firefighters
3422 Employment, Standards, and Training Council of 14 13 members.
3423 (a) The members shall be appointed as follows:
3424 1. Two members shall be fire chiefs appointed by the
3425 Florida Fire Chiefs Association.,
3426 2. Two members shall be firefighters, who are not officers,
3427 appointed by the Florida Professional Firefighters Association.,
3428 3. Two members shall be firefighter officers, who are not
3429 fire chiefs, appointed by the State Fire Marshal.,
3430 4. One individual member appointed by the Florida League of
3431 Cities.,
3432 5. One individual member appointed by the Florida
3433 Association of Counties.,
3434 6. One individual member appointed by the Florida
3435 Association of Special Districts.,
3436 7. One individual member appointed by the Florida Fire
3437 Marshals’ and Inspectors’ Marshal’s Association., and
3438 8. One employee of the Florida Forest Service of the
3439 Department of Agriculture and Consumer Services appointed by the
3440 director of the Florida Forest Service.
3441 9. One individual member appointed by the State Fire
3442 Marshal., and
3443 10. One member shall be a director or instructor of a
3444 state-certified firefighting training facility appointed by the
3445 State Fire Marshal.
3446 11. The remaining member, who shall be appointed by the
3447 State Fire Marshal, may not be a member or representative of the
3448 firefighting profession or of any local government.
3449 (b) To be eligible for appointment as a member under
3450 subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
3451 subparagraph (a)8., or subparagraph (a)10. fire chief member,
3452 firefighter officer member, firefighter member, or a director or
3453 instructor of a state-certified firefighting facility, a person
3454 must shall have had at least 4 years’ experience in the
3455 firefighting profession. The remaining member, who shall be
3456 appointed by the State Fire Marshal, shall not be a member or
3457 representative of the firefighting profession or of any local
3458 government. Members shall serve only as long as they continue to
3459 meet the criteria under which they were appointed, or unless a
3460 member has failed to appear at three consecutive and properly
3461 noticed meetings unless excused by the chair.
3462 (5) The council shall elect to 1-year terms a chair and a
3463 vice chair. A person may not serve more than two consecutive
3464 terms in either office.
3465 (6) The council shall meet at the call of the chair, at the
3466 request of a majority of its membership, at the request of the
3467 department, or at such times as are prescribed by its rules, and
3468 a majority of the council shall constitute a quorum.
3469 (7) Members of the council shall serve without compensation
3470 but shall be entitled to be reimbursed for per diem and travel
3471 expenses as provided by s. 112.061.
3472 (8) The council may adopt a seal for its use containing the
3473 words “Firefighters Employment, Standards, and Training
3474 Council.”
3475 (9) The council shall have special powers in connection
3476 with the employment and training of firefighters to:
3477 (a) Recommend, for adoption by the division, uniform
3478 minimum standards for the employment and training of
3479 firefighters and training of volunteer firefighters.
3480 (b) Recommend, for adoption by the division, minimum
3481 curriculum requirements for schools operated by or for any fire
3482 service provider for the specific purpose of training
3483 firefighter trainees, firefighters, and volunteer firefighters.
3484 (c) Recommend, for adoption by the division, on matters
3485 relating to the funding, general operation, and administration
3486 of the Bureau of Fire Standards and Training (Florida State Fire
3487 College), including, but not limited to, all standards,
3488 training, curriculum, and the issuance of any certificate of
3489 competency required by this chapter.
3490 (d) Make or support studies on any aspect of firefighting
3491 employment, education, and training or recruitment.
3492 (e) Make recommendations concerning any matter within its
3493 purview pursuant to this section.
3494 Section 57. Section 633.42, Florida Statutes, is
3495 transferred, renumbered as 633.404, Florida Statutes, and
3496 amended to read:
3497 633.404 633.42 Additional standards authorized.—Nothing
3498 herein shall be construed to preclude a fire service provider an
3499 employing agency from establishing qualifications and standards
3500 for hiring, training, or promoting firefighters that exceed the
3501 minimum set by the division department.
3502 Section 58. Section 633.406, Florida Statutes, is created
3503 to read:
3504 633.406 Classes of certification.—
3505 (1) The division may award one or more of the following
3506 certificates:
3507 (a) Firefighter Certificate of Compliance.—A Firefighter
3508 Certificate of Compliance may be awarded to a person who meets
3509 the requirements established in s. 633.408(4).
3510 (b) Fire Safety Inspector Certificate of Compliance.—A Fire
3511 Safety Inspector Certificate of Compliance may be awarded to a
3512 person who meets the requirements established in s. 633.216(2).
3513 (c) Special Certificate of Compliance.—A Special
3514 Certificate of Compliance may be awarded to a person who
3515 qualifies under s. 633.408(6).
3516 (d) Forestry Certificate of Compliance.—A Forestry
3517 Certificate of Compliance may be awarded to a person who has
3518 satisfactorily complied with a training program and successfully
3519 passed an examination as prescribed by rule, and who possesses
3520 the qualifications established in s. 590.02(1)(e).
3521 (e) Fire Service Instructor Certificate.—A Fire Service
3522 Instructor Certificate may be awarded to a person who
3523 demonstrates general or specialized knowledge, skills, and
3524 abilities in firefighting service and meets the qualification
3525 requirements prescribed by rule.
3526 (f) Certificate of Competency.—A Certificate of Competency
3527 may be awarded to a person who meets the experience, training,
3528 advanced education, or examination requirements as prescribed by
3529 rule, and is especially qualified for particular aspects of
3530 firefighting service.
3531 (g) Volunteer Firefighter Certificate of Completion.—A Fire
3532 Service Instructor Certificate may be awarded to a person who
3533 has satisfactorily completed the training requirements as
3534 prescribed by rule for a volunteer firefighter.
3535 (2) The division may establish by rule certificates, in
3536 addition to those provided in subsection (1), that the division
3537 may award in recognition of special training or education
3538 received by an individual, authorizing that individual to
3539 perform specialized firefighting services or provide specialized
3540 firefighting instruction, such as hazardous materials and urban
3541 search and rescue.
3542 Section 59. Section 633.35, Florida Statutes, is
3543 transferred, renumbered as section 633.408, Florida Statutes,
3544 and amended to read:
3545 633.408 633.35 Firefighter and volunteer firefighter
3546 training and certification.—
3547 (1) The division shall establish by rule:
3548 (a) A Minimum Standards Course and course examination to
3549 provide the training required to obtain a Firefighter
3550 Certificate of Compliance.
3551 (b) Courses and course examinations to provide training
3552 required to obtain a Volunteer Firefighter Certificate of
3553 Completion or a Special Certificate of Compliance.
3554 (c) Courses to provide continuing training for firefighters
3555 and volunteer firefighters.
3556 (2) Courses under subsection (1) may only be administered
3557 by education or training providers approved by the division
3558 pursuant to s. 633.128(1)(c) and taught by instructors certified
3559 pursuant to s. 633.128(1)(d) a firefighter training program of
3560 not less than 360 hours, administered by such agencies and
3561 institutions as it approves for the purpose of providing basic
3562 employment training for firefighters.
3563 (3)(a) Nothing herein shall require a fire service provider
3564 public employer to pay the cost of such training.
3565 (b) A fire service provider may pay part or all of the
3566 costs of tuition for attendance at approved courses.
3567 (4)(2) The division shall issue a firefighter certificate
3568 of compliance to any individual who:
3569 (a) person Satisfactorily completes complying with the
3570 Minimum Standards Course or who has satisfactorily completed
3571 training for firefighters in another state which has been
3572 determined by the division to be at least the equivalent of the
3573 training required for the Minimum Standards Course.
3574 (b) Passes the minimum standards course examination.
3575 training program established in subsection (1), who has
3576 successfully passed an examination as prescribed by the
3577 division, and
3578 (c) who Possesses the qualifications for employment in s.
3579 633.412 633.34, except s. 633.34(5).
3580 (5) The division shall issue a Volunteer Firefighter
3581 Certificate of Completion to any individual who satisfactorily
3582 completes the course established under paragraph (1)(b) No
3583 person may be employed as a regular or permanent firefighter by
3584 an employing agency, or by a private entity under contract with
3585 the state or any political subdivision of the state, including
3586 authorities and special districts, for a period of time in
3587 excess of 1 year from the date of initial employment until he or
3588 she has obtained such certificate of compliance. A person who
3589 does not hold a certificate of compliance and is employed under
3590 this section may not directly engage in hazardous operations,
3591 such as interior structural firefighting and hazardous
3592 materials-incident mitigation, requiring the knowledge and
3593 skills taught in a training program established in subsection
3594 (1). However, a person who has served as a volunteer firefighter
3595 with the state or any political subdivision of the state,
3596 including authorities and special districts, who is then
3597 employed as a regular or permanent firefighter may function,
3598 during this period, in the same capacity in which he or she
3599 acted as a volunteer firefighter, provided that he or she has
3600 completed all training required by the volunteer organization.
3601 (3) The division may issue a certificate to any person who
3602 has received basic employment training for firefighters in
3603 another state when the division has determined that such
3604 training was at least equivalent to that required by the
3605 division for approved firefighter education and training
3606 programs in this state and when such person has satisfactorily
3607 complied with all other requirements of this section.
3608 (6)(a) The division may also issue a Special Certificate of
3609 Compliance to an individual a person who:
3610 1. Satisfactorily completes the course established in
3611 paragraph (1)(b) to obtain a Special Certificate of Compliance.
3612 2. Passes the examination established in paragraph (1)(b),
3613 to obtain a Special Certificate of Compliance.
3614 3. Possesses the qualifications in s. 633.412 is otherwise
3615 qualified under this section and who is employed as the
3616 administrative and command head of a fire/rescue/emergency
3617 services organization, based on the acknowledgment that such
3618 person is less likely to need physical dexterity and more likely
3619 to need advanced knowledge of firefighting and supervisory
3620 skills.
3621 (b) A special The certificate of compliance is valid only
3622 authorizes an individual to serve while the person is serving in
3623 a position as an administrative and command head of a fire
3624 service provider fire/rescue/emergency services organization.
3625 (7)(4) An individual A person who fails an examination
3626 given under this section may retake the examination once within
3627 6 months after the original examination date. If the individual
3628 An applicant who does not retake the examination or fails the
3629 reexamination within such time, the individual must take the
3630 Minimum Standards Course for a Firefighter Certificate of
3631 Compliance or the course established under paragraph (1)(b) for
3632 a Special Certificate of Compliance, pursuant to subsection (1),
3633 before being reexamined. The division may grant an extension of
3634 the 6-month period based upon documented medical necessity and
3635 may establish reasonable preregistration deadlines for such
3636 reexaminations.
3637 (8)(5) Pursuant to s. 590.02(1)(e), the division shall
3638 establish a structural fire training program of not less than
3639 206 40 hours. The division shall issue to a any person
3640 satisfactorily complying with this training program and who has
3641 successfully passed an examination as prescribed by the division
3642 and who has met the requirements of s. 590.02(1)(e), a Forestry
3643 Certificate of Compliance Certificate of Forestry Firefighter.
3644 (6) An individual who holds a current and valid Forestry
3645 Certificate of Compliance A certified forestry firefighter is
3646 entitled to the same rights, privileges, and benefits provided
3647 for by law as a certified firefighter.
3648 Section 60. Section 633.34, Florida Statutes, is
3649 transferred, renumbered as section 633.412, Florida Statutes,
3650 and amended to read:
3651 633.412 633.34 Firefighters; qualifications for
3652 certification employment.—
3653 (1) A Any person applying for certification employment as a
3654 firefighter must:
3655 (a)(1) Be a high school graduate or the equivalent, as the
3656 term may be determined by the division, and at least 18 years of
3657 age.
3658 (b)(2) Not Neither have been convicted of a misdemeanor
3659 relating to the certification or to perjury or false statements,
3660 or a felony or a crime punishable by imprisonment of 1 year or
3661 more under the law of the United States or of any state thereof
3662 or under the law of any other country, or dishonorably
3663 discharged from any of the Armed Forces of the United States.
3664 “Convicted” means a finding of guilt or the acceptance of a plea
3665 of guilty or nolo contendere, in any federal or state court or a
3666 court in any other country, without regard to whether a judgment
3667 of conviction has been entered by the court having jurisdiction
3668 of the case felony or of a misdemeanor directly related to the
3669 position of employment sought, nor have pled nolo contendere to
3670 any charge of a felony. If an applicant has been convicted of a
3671 felony, such applicant must be in compliance with s.
3672 112.011(2)(b). If an applicant has been convicted of a
3673 misdemeanor directly related to the position of employment
3674 sought, such applicant shall be excluded from employment for a
3675 period of 4 years after expiration of sentence. If the sentence
3676 is suspended or adjudication is withheld in a felony charge or
3677 in a misdemeanor directly related to the position or employment
3678 sought and a period of probation is imposed, the applicant must
3679 have been released from probation.
3680 (c)(3) Submit fingerprints a fingerprint card to the
3681 division with a current processing fee. The fingerprints
3682 fingerprint card will be forwarded to the Department of Law
3683 Enforcement for state processing, and forwarded by the
3684 Department of Law Enforcement to and/or the Federal Bureau of
3685 Investigation for national processing.
3686 (d)(4) Have a good moral character as determined by
3687 investigation under procedure established by the division.
3688 (e)(5) Be in good physical condition as determined by a
3689 medical examination given by a physician, surgeon, or physician
3690 assistant licensed to practice in the state pursuant to chapter
3691 458; an osteopathic physician, surgeon, or physician assistant
3692 licensed to practice in the state pursuant to chapter 459; or an
3693 advanced registered nurse practitioner licensed to practice in
3694 the state pursuant to chapter 464. Such examination may include,
3695 but need not be limited to, provisions of the National Fire
3696 Protection Association Standard 1582. A medical examination
3697 evidencing good physical condition shall be submitted to the
3698 division, on a form as provided by rule, before an individual is
3699 eligible for admission into a course under firefighter training
3700 program as defined in s. 633.408 633.35.
3701 (f)(6) Be a nonuser of tobacco or tobacco products for at
3702 least 1 year immediately preceding application, as evidenced by
3703 the sworn affidavit of the applicant.
3704 (2) If the division suspends or revokes an individual’s
3705 certificate, the division must suspend or revoke all other
3706 certificates issued by the division pursuant to this part.
3707 Section 61. Section 633.352, Florida Statutes, is
3708 transferred, renumbered as section 633.414, Florida Statutes,
3709 and amended to read:
3710 633.414 633.352 Retention of firefighter certification.—
3711 (1) In order for a firefighter to retain her or his
3712 Firefighter Certificate of Compliance, every 4 years he or she
3713 must:
3714 (a) Be Any certified firefighter who has not been active as
3715 a firefighter, or as a volunteer firefighter with an organized
3716 fire department, for a period of 3 years shall be required to
3717 retake the practical portion of the minimum standards state
3718 examination specified in rule 69A-37.056(6)(b), Florida
3719 Administrative Code, in order to maintain her or his
3720 certification as a firefighter;
3721 (b) Maintain a current and valid fire service instructor
3722 certificate, instruct at least 40 hours during the 4-year
3723 period, and provide proof of such instruction to the division,
3724 which proof must be registered in an electronic database
3725 designated by the division;
3726 (c) Successfully complete a refresher course consisting of
3727 a minimum of 40 hours of training to be prescribed by rule; or
3728 (d) Within 6 months before the 4-year period expires,
3729 successfully retake and pass the Minimum Standards Course
3730 examination.
3731 (2) In order for a volunteer firefighter to retain her or
3732 his Volunteer Firefighter Certificate of Completion, every 4
3733 years he or she must:
3734 (a) Be active as a volunteer firefighter; or
3735 (b) Successfully complete a refresher course consisting of
3736 a minimum of 40 hours of training to be prescribed by rule.
3737 (3) Subsection (1) however, this requirement does not apply
3738 to state-certified firefighters who are certified and employed
3739 as full-time, as determined by the fire service provider, as
3740 firesafety inspectors or fire investigators firesafety
3741 instructors, regardless of her or his the firefighter’s
3742 employment status as a firefighter.
3743 (4) For the purposes of this section, the term “active”
3744 means being employed as a firefighter or providing service as a
3745 volunteer firefighter for a cumulative 6 months within a 4-year
3746 period.
3747 (5) The 4-year 3-year period begins:
3748 (a) If the individual is certified on or after July 1,
3749 2013, on the date the certificate of compliance is issued or
3750 upon termination of employment or service with a an organized
3751 fire department.
3752 (b) If the individual is certified before July 1, 2013, on
3753 July 1, 2014, or upon termination of employment or service
3754 thereafter.
3755 Section 62. Section 633.41, Florida Statutes, is
3756 transferred, renumbered as section 633.416, Florida Statutes,
3757 and amended to read:
3758 633.416 633.41 Firefighter employment and volunteer
3759 firefighter service; saving clause.—
3760 (1) A fire service provider may not employ an individual
3761 to:
3762 (a) Extinguish fires for the protection of life or property
3763 or to supervise individuals who perform such services unless the
3764 individual holds a current and valid Firefighter Certificate of
3765 Compliance; or
3766 (b) Serve as the administrative and command head of a fire
3767 service provider for a period in excess of 1 year unless the
3768 individual holds a current and valid Firefighter Certificate of
3769 Compliance or Special Certificate of Compliance.
3770 (2) A fire service provider may not retain the services of
3771 an individual volunteering to extinguish fires for the
3772 protection of life or property or to supervise individuals who
3773 perform such services unless the individual holds a current and
3774 valid Volunteer Firefighter Certificate of Completion.
3775 (3)(a) A fire service provider must make a diligent effort
3776 to determine whether the individual has a current and valid
3777 certificate before employing or retaining an individual for the
3778 services under subsection (1) or subsection (2), including
3779 making a determination of whether the requirements set forth in
3780 s. 633.414 have been fulfilled.
3781 (b) For the purposes of this subsection, the term “diligent
3782 effort” means contacting at least three of the individual’s
3783 previous employers to obtain her or his dates of employment and
3784 contacting the division to determine the certification status of
3785 the individual.
3786 (4)(a) A fire service provider must notify the division
3787 electronically, as directed by rule by the division, within 10
3788 days after:
3789 1. The hiring of a firefighter.
3790 2. The retention of a volunteer firefighter.
3791 3. The cessation of employment of a firefighter.
3792 4. A decision not to retain a volunteer firefighter.
3793 (b) Notification under paragraph (a) must include:
3794 1. The individual’s name.
3795 2. The date on which he or she was hired or retained.
3796 3. The last date of employment or retention before leaving
3797 the fire service provider.
3798 4. Any other information deemed necessary by the division
3799 to determine compliance with ss. 633.414 and 633.426.
3800 (5) If the fire service provider makes a determination that
3801 an individual has not met the requirements set forth in s.
3802 633.414(1), the fire service provider must notify the division
3803 in writing within 10 days after making that determination.
3804 (6) The division may conduct site visits to fire
3805 departments to monitor compliance with this section.
3806 (7) For purposes of this section, the term “employ” means
3807 to pay an individual a salary, wage, or other compensation for
3808 the performance of work. The term does not include the payment
3809 of expenses, reasonable benefits, a nominal fee, or a
3810 combination thereof to a volunteer for a public or private fire
3811 service provider who is only paid in a manner that would be
3812 authorized for a volunteer under the federal Fair Labor
3813 Standards Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.,
3814 and its implementing rules.
3815 (8) Firefighters employed on July 5, 1969, are not required
3816 to meet the provisions of ss. 633.412 and 633.408 633.34 and
3817 633.35 as a condition of tenure or continued employment, and;
3818 nor shall their failure to fulfill such requirements does not
3819 make them ineligible for any promotional examination for which
3820 they are otherwise eligible or affect in any way any pension
3821 rights to which they may be entitled on July 5, 1969.
3822 Section 63. Section 633.38, Florida Statutes, is
3823 transferred, renumbered as section 633.418, Florida Statutes,
3824 and amended to read:
3825 633.418 633.38 Inservice training and promotion;
3826 participation.—
3827 (1)(a) The division shall by rule rules and regulations
3828 prescribe curricula and standards for advanced and specialized
3829 training courses and education training in addition to those
3830 prescribed in ss. 633.412 and 633.408 633.34 and 633.35.
3831 (b) The standards provided by this section do shall not
3832 bind any fire service provider employing agency as to the
3833 requirements it may have for promoting personnel.
3834 (2) A fire service provider departments or any fire service
3835 participating under the provisions of this section shall adhere
3836 to the standards and procedures established by the division.
3837 Section 64. Section 633.382, Florida Statutes, is
3838 transferred, renumbered as section 633.422, Florida Statutes,
3839 and amended to read:
3840 633.422 633.382 Firefighters; supplemental compensation.—
3841 (1) DEFINITIONS.—As used in this section, the term:
3842 (a) “Employing agency” means any municipality or any
3843 county, the state, or any political subdivision of the state,
3844 including authorities and special districts employing
3845 firefighters.
3846 (b) “Firefighter” means any person who meets the definition
3847 of the term “firefighter” in s. 633.30(1) who is certified in
3848 compliance with s. 633.35 and who is employed solely within the
3849 fire department of the employing agency or is employed by the
3850 division.
3851 (1)(2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.—The
3852 Legislature recognizes the need for supplemental compensation
3853 for firefighters who pursue higher educational opportunities
3854 that directly relate to the improvement of the health, safety,
3855 and welfare of firefighters and those who firefighters protect.
3856 The State Fire Marshal shall determine, and adopt by rule, the
3857 course work or degrees that represent the best practices toward
3858 this goal in the field of firefighting.
3859 (a) In addition to the compensation now paid by a fire
3860 service provider an employing agency to any firefighter, every
3861 firefighter shall be paid supplemental compensation by the fire
3862 service provider employing agency when such firefighter is a
3863 full-time employee, as determined by the employing fire service
3864 provider, and has complied with one of the following criteria:
3865 1. A Any firefighter who receives an associate degree from
3866 an accredited a college, which degree is directly applicable to
3867 fire department duties, as outlined in policy guidelines adopted
3868 by rule by of the division, shall be additionally compensated as
3869 outlined in paragraph (2)(a) (3)(a).
3870 2. A Any firefighter, regardless of whether or not she or
3871 he earned an associate degree earlier, who receives from an
3872 accredited college or university a bachelor’s degree, which
3873 bachelor’s degree is directly applicable to fire department
3874 duties, as outlined in policy guidelines adopted by rule by of
3875 the division, shall receive compensation as outlined in
3876 paragraph (2)(b) (3)(b).
3877 (b) If Whenever any question arises as to the eligibility
3878 of any firefighter to receive supplemental compensation as
3879 provided in this section, the question, together with all facts
3880 relating thereto, must shall be submitted to the division for
3881 determination, and the decision of the division with regard to
3882 determination of eligibility shall be final, subject to the
3883 provisions of chapter 120.
3884 (2)(3) SUPPLEMENTAL COMPENSATION.—Supplemental compensation
3885 shall be determined as follows:
3886 (a) Fifty dollars shall be paid monthly to each firefighter
3887 who qualifies under the provisions of subparagraph (1)(a)1
3888 (2)(a)1.
3889 (b) One hundred and ten dollars shall be paid monthly to
3890 each firefighter who qualifies under the provisions of
3891 subparagraph (1)(a)2 (2)(a)2.
3892 (3)(4) FUNDING.—
3893 (a) The fire service provider employing agency is
3894 responsible for the correct payment of firefighters pursuant to
3895 the provisions of this section. The division may review, in a
3896 postaudit capacity, any action taken by an agency in
3897 administering the educational incentive program. The fire
3898 service provider employing agency shall take appropriate action
3899 when a postaudit shows that an action taken by the fire service
3900 provider employing agency was in error.
3901 (b) Each fire service provider agency employing
3902 firefighters who are eligible for this compensation shall submit
3903 reports containing information relating to compensation paid as
3904 a result of this section to the division on March 31, June 30,
3905 September 30, and December 31 of each year.
3906 (c) There is appropriated from the Police and Firefighter’s
3907 Premium Tax Trust Fund to the Firefighters’ Supplemental
3908 Compensation Trust Fund, which is hereby created under the
3909 Department of Revenue, all moneys which have not been
3910 distributed to municipalities and special fire control districts
3911 in accordance with s. 175.121 as a result of the limitation
3912 contained in s. 175.122 on the disbursement of revenues
3913 collected pursuant to chapter 175 or as a result of any
3914 municipality or special fire control district not having
3915 qualified in any given year, or portion thereof, for
3916 participation in the distribution of the revenues collected
3917 pursuant to chapter 175. The total required annual distribution
3918 from the Firefighters’ Supplemental Compensation Trust Fund
3919 shall equal the amount necessary to pay supplemental
3920 compensation as provided in this section, provided that:
3921 1. Any deficit in the total required annual distribution
3922 shall be made up from accrued surplus funds existing in the
3923 Firefighters’ Supplemental Compensation Trust Fund on June 30,
3924 1990, for as long as such funds last. If the accrued surplus is
3925 insufficient to cure the deficit in any given year, the
3926 proration of the appropriation among the counties,
3927 municipalities, and special fire service taxing districts shall
3928 equal the ratio of compensation paid in the prior year to
3929 county, municipal, and special fire service taxing district
3930 firefighters pursuant to this section. This ratio shall be
3931 provided annually to the Department of Revenue by the division
3932 of State Fire Marshal. Surplus funds that have accrued or accrue
3933 on or after July 1, 1990, shall be redistributed to
3934 municipalities and special fire control districts as provided in
3935 subparagraph 2.
3936 2. By October 1 of each year, any funds that have accrued
3937 or accrue on or after July 1, 1990, and remain in the
3938 Firefighters’ Supplemental Compensation Trust Fund following the
3939 required annual distribution shall be redistributed by the
3940 Department of Revenue pro rata to those municipalities and
3941 special fire control districts identified by the Department of
3942 Management Services as being eligible for additional funds
3943 pursuant to s. 175.121(3)(b).
3944 (d) Salary incentive payments to firefighters shall
3945 commence in the first full calendar month following the initial
3946 date of certification of eligibility by the division of State
3947 Fire Marshal.
3948 (e) Special fire service taxing districts are authorized
3949 and empowered to spend expend the funds necessary to ensure
3950 correct payment to firefighters.
3951 (4)(5) LEGISLATIVE FINDINGS.—The payment of supplemental
3952 compensation and expenses of the administration provided by this
3953 section is found to serve a state, county, district, and
3954 municipal purpose and to provide benefit to the state and to its
3955 counties, municipalities, and districts.
3956 (5) APPLICABILITY.—For the purposes of this section, the
3957 division shall be considered a fire service provider responsible
3958 for the payment of supplemental compensation in accordance with
3959 this section to firefighters employed full-time by the division.
3960 Section 65. Section 633.353, Florida Statutes, is
3961 transferred, renumbered as section 633.424, Florida Statutes,
3962 and amended to read:
3963 633.424 633.353 Falsification of qualifications.—An
3964 individual Any person who willfully and knowingly falsifies her
3965 or his the qualifications of a new employee to the Bureau of
3966 Fire Standards and Training of the division commits is guilty of
3967 a misdemeanor of the second degree, punishable as provided in s.
3968 775.082 or s. 775.083.
3969 Section 66. Section 633.351, Florida Statutes, is
3970 transferred, renumbered as section 633.426, Florida Statutes,
3971 and amended to read:
3972 633.426 633.351 Disciplinary action; firefighters;
3973 standards for revocation of certification.—
3974 (1) For purposes of this section, the term:
3975 (a) “Certificate” means any of the certificates issued
3976 under s. 633.406.
3977 (b) “Certification” or “certified” means the act of holding
3978 a current and valid certificate.
3979 (c) “Convicted” means a finding of guilt, or the acceptance
3980 of a plea of guilty or nolo contendere, in any federal or state
3981 court or a court in any other country, without regard to whether
3982 a judgment of conviction has been entered by the court having
3983 jurisdiction of the case.
3984 (2) An individual is ineligible to apply for certification
3985 if the individual has, at any time, been:
3986 (a) Convicted of a misdemeanor relating to the
3987 certification or to perjury or false statements.
3988 (b) Convicted of a felony or a crime punishable by
3989 imprisonment of 1 year or more under the law of the United
3990 States or of any state thereof, or under the law of any other
3991 country.
3992 (c) Dishonorably discharged from any of the Armed Forces of
3993 the United States.
3994 (3)(a) The certification of an individual shall be
3995 permanently revoked if the individual is:
3996 1. Convicted of a misdemeanor relating to perjury or false
3997 statement.
3998 2. Convicted of a felony or a crime punishable by
3999 imprisonment of 1 year or more under the law of the United
4000 States or of any state thereof, or under the law of any other
4001 country.
4002 3. Dishonorably discharged from any of the Armed Forces of
4003 the United States.
4004 (b) For individuals who are certified before July 1, 2013:
4005 1. This subsection applies prospectively to convictions or
4006 dishonorable discharges entered on or after July 1, 2013.
4007 2. Section 633.351 as it existed before July 1, 2013,
4008 applies to convictions entered before July 1, 2013.
4009 (4) The certification of an individual a firefighter shall
4010 be revoked if evidence is found which demonstrates that the
4011 certification was improperly issued by the division or if
4012 evidence is found that the certification was issued on the basis
4013 of false, incorrect, incomplete, or misleading information, or
4014 that the individual has demonstrated a lack of moral fitness or
4015 trustworthiness to carry out the responsibilities under the
4016 individual’s certification.
4017 (5) After investigation, if the division has reason to
4018 believe that an individual who is certified may have been
4019 convicted of a felony or of a misdemeanor related to perjury or
4020 false statement in this state or any other state or
4021 jurisdiction, the division may require the individual to submit
4022 fingerprints to the division with a current processing fee. The
4023 fingerprints shall be forwarded by the division to the
4024 Department of Law Enforcement for state processing and shall be
4025 forwarded by the Department of Law Enforcement to the Federal
4026 Bureau of Investigation for national processing.
4027 (2) The certification of a firefighter who is convicted of
4028 a felony, or who is convicted of a misdemeanor relating to
4029 misleading or false statements, or who pleads nolo contendere to
4030 any charge of a felony shall be revoked until the firefighter
4031 complies with s. 112.011(2)(b). However, if sentence upon such
4032 felony or such misdemeanor charge is suspended or adjudication
4033 is withheld, the firefighter’s certification shall be revoked
4034 until she or he completes any probation.
4035 Section 67. Section 633.43, Florida Statutes, is
4036 transferred, renumbered as section 633.428, Florida Statutes,
4037 and amended to read:
4038 633.428 633.43 Florida State Fire College established.
4039 There is hereby established a state institution to be known as
4040 the Florida State Fire College, to be located at or near Ocala,
4041 Marion County. The institution shall be operated by the division
4042 of State Fire Marshal of the department.
4043 Section 68. Section 633.44, Florida Statutes, is
4044 transferred, renumbered as section 633.432, Florida Statutes,
4045 and amended to read:
4046 633.432 633.44 Purpose of fire college.—The purposes of
4047 part IV ss. 633.43-633.49 and of the Florida State Fire College
4048 are shall be:
4049 (1) To provide professional and volunteer firefighters with
4050 needful professional instruction and training in subjects,
4051 including, but not limited to, firefighting, fire prevention,
4052 hazardous materials, urban search and rescue, and emergency
4053 operations, at a minimum of cost to them and to their employers.
4054 (2) To ensure the professionalism and competence of those
4055 performing firefighting, fire prevention, and associated fire
4056 protection functions by administering a system of certification
4057 and licensing.
4058 (3)(2) To develop new methods and practices of firefighting
4059 and fire prevention.
4060 (4)(3) To assist the state and county, municipal, and other
4061 local governments of this state and their agencies and officers
4062 in their investigation and determination of the causes of fires.
4063 (5)(4) To provide testing facilities for testing
4064 firefighting equipment.
4065 (6)(5) To disseminate useful information on fires,
4066 firefighting and fire prevention and other related subjects, to
4067 fire departments and others interested in such information.
4068 (7)(6) To do such other needful or useful things necessary
4069 to the promotion of public safety in the field of fire hazards
4070 and fire prevention work.
4071
4072 It is hereby declared by the Legislature that the above purposes
4073 are legitimate state functions and are designed to promote
4074 public safety.
4075 Section 69. Section 633.48, Florida Statutes, is
4076 transferred, renumbered as section 633.434, Florida Statutes,
4077 and amended to read:
4078 633.434 633.48 Superintendent of college.—The division may
4079 employ a superintendent for the Florida State Fire College, who
4080 must shall be especially trained and qualified in firefighting,
4081 fire prevention and fire experimental work, and may employ on
4082 the recommendations of the said superintendent such other
4083 instructors, experimental helpers and laborers as may be
4084 necessary to the proper conduct of the said institution; and may
4085 proceed with the erection and detailed operation of the said
4086 institution under ss. 633.428-633.444 633.43-633.49.
4087 Section 70. Section 633.461, Florida Statutes, is
4088 transferred, renumbered as section 633.436, Florida Statutes,
4089 and amended to read:
4090 633.436 633.461 Use of Insurance Regulatory Trust Fund.—The
4091 funds received from the Insurance Regulatory Trust Fund shall be
4092 used by the staff of the Florida State Fire College to provide
4093 all necessary services, training, equipment, and supplies to
4094 carry out the college’s responsibilities, including, but not
4095 limited to, the State Fire Marshal Scholarship Grant Program and
4096 the procurement of training resources and films, videotapes,
4097 audiovisual equipment, and other useful information on fire,
4098 firefighting, and fire prevention, including public fire service
4099 information packages.
4100 Section 71. Section 633.47, Florida Statutes, is
4101 transferred and renumbered as section 633.438, Florida Statutes.
4102 Section 72. Section 633.49, Florida Statutes, is
4103 transferred, renumbered as section 633.442, Florida Statutes,
4104 and amended to read:
4105 633.442 633.49 Buildings, equipment, and other facilities;
4106 use.—The division shall have the power to prescribe and shall
4107 make the necessary rules and regulations for the use of
4108 buildings, equipment, and other facilities of the Florida State
4109 Fire College when they are not in use for the purposes set forth
4110 in part IV ss. 633.43-633.49.
4111 Section 73. Section 633.50, Florida Statutes, is
4112 transferred, renumbered as section 633.444, Florida Statutes,
4113 and amended to read:
4114 633.444 633.50 Division powers and duties; Florida State
4115 Fire College.—
4116 (1) The division, in performing its duties related to the
4117 Florida State Fire College, specified in part IV ss. 633.43
4118 633.49, shall:
4119 (a) Enter into agreements with public or private school
4120 districts, community colleges, junior colleges, or state
4121 universities to carry out its duties and responsibilities.
4122 (b) Review and approve budget requests for the fire college
4123 educational program.
4124 (c) Prepare the legislative budget request for the Florida
4125 State Fire College education program. The superintendent is
4126 responsible for all expenditures pursuant to appropriations.
4127 (d) Implement procedures to obtain appropriate entitlement
4128 funds from federal and state grants to supplement the annual
4129 legislative appropriation. Such funds must be used expressly for
4130 the fire college educational programs.
4131 (e) Develop a staffing and funding formula for the Florida
4132 State Fire College. The formula must shall include differential
4133 funding levels for various types of programs, must shall be
4134 based on the number of full-time equivalent students and
4135 information obtained from scheduled attendance counts taken the
4136 first day of each program, and must shall provide the basis for
4137 the legislative budget request. As used in this section, a full
4138 time equivalent student is equal to a minimum of 900 hours in a
4139 technical certificate program and 400 hours in a degree-seeking
4140 program. The funding formula must shall be as prescribed
4141 pursuant to s. 1011.62, must shall include procedures to
4142 document daily attendance, and must shall require that
4143 attendance records be retained for audit purposes.
4144 (f) Approve and register in an electronic database an
4145 education or training provider, designated by the division,
4146 before the education or training provider may offer any course
4147 to fulfill any education or training requirement under this
4148 chapter. The division shall establish criteria, by rule, for the
4149 approval of such education or training providers, including
4150 courses taught. Only approved and registered education or
4151 training providers are eligible to provide instruction or
4152 training that will be recognized by the division as fulfilling
4153 any education or training requirement under this chapter.
4154 (g) Recognize only courses offered by approved and
4155 registered training or education providers as fulfilling the
4156 education or training requirements under this chapter.
4157 (2) Funds generated by the formula per full-time equivalent
4158 student may not exceed the level of state funding per full-time
4159 equivalent student generated through the Florida Education
4160 Finance Program or the State Community College Program Fund for
4161 students enrolled in comparable education programs provided by
4162 public school districts and community colleges. Funds
4163 appropriated for education and operational costs shall be
4164 deposited in the Insurance Regulatory Trust Fund to be used
4165 solely for purposes specified in s. 633.436 633.461 and may not
4166 be transferred to any other budget entity for purposes other
4167 than education.
4168 Section 74. Section 633.46, Florida Statues, is transferred
4169 and renumbered as section 633.446, Florida Statutes.
4170 Section 75. The Division of Law Revision and Information is
4171 directed to create part V of chapter 633, Florida Statutes,
4172 consisting of sections 633.502, 633.504, 633.506, 633.508,
4173 633.512, 633.516, 633.518, 633.520, 633.522, 633.526, 633.528,
4174 633.532, 633.534, and 633.536, Florida Statutes, to be entitled
4175 “Florida Firefighters Occupational Safety and Health Act.”
4176 Section 76. Section 633.801, Florida Statutes, is
4177 transferred, renumbered as section 633.502, Florida Statutes,
4178 and amended to read:
4179 633.502 633.801 Short title.—Sections 633.502-633.536,
4180 633.801-633.821 may be cited as the “Florida Firefighters
4181 Occupational Safety and Health Act.”
4182 Section 77. Section 633.802, Florida Statutes, is
4183 transferred and renumbered as section 633.504, Florida Statutes,
4184 and subsections (1), (2), and (4) of that section are amended,
4185 to read:
4186 633.504 633.802 Definitions.—As used in this part, the term
4187 Unless the context clearly requires otherwise, the following
4188 definitions shall apply to ss. 633.801-633.821:
4189 (1) “Firefighter employee” means a firefighter, volunteer
4190 firefighter, or individual providing support services who is any
4191 person engaged in any employment, public or private, as a
4192 firefighter under any appointment or contract of hire or
4193 apprenticeship, express or implied, oral or written, whether
4194 lawfully or unlawfully employed, responding to or assisting with
4195 fire or medical emergencies, regardless of whether or not the
4196 firefighter is on duty, except those appointed under s.
4197 590.02(1)(d).
4198 (2) “Firefighter employer” means the state and all
4199 political subdivisions of this state, all public and quasi
4200 public corporations in this state, and a every person carrying
4201 on any employment for this state, political subdivisions of this
4202 state, and public and quasi-public corporations in this state
4203 which employs firefighter employees firefighters, except those
4204 appointed under s. 590.02(1)(d).
4205 (4) “Firefighter place of employment” or “place of
4206 employment” means the physical location at which the firefighter
4207 employee is employed or deployed.
4208 Section 78. Section 633.803, Florida Statutes, is
4209 transferred, renumbered as section 633.506, Florida Statutes,
4210 and amended to read:
4211 633.506 633.803 Legislative intent.—It is the intent of the
4212 Legislature to enhance firefighter occupational safety and
4213 health in the state through the implementation and maintenance
4214 of policies, procedures, practices, rules, and standards that
4215 reduce the incidence of firefighter employee accidents,
4216 firefighter employee occupational diseases, and firefighter
4217 employee fatalities compensable under chapter 440 or otherwise.
4218 The Legislature further intends that the division develop a
4219 means by which the division can identify individual firefighter
4220 employers with a high frequency or severity of work-related
4221 injuries, conduct safety inspections of those firefighter
4222 employers, and assist those firefighter employers in the
4223 development and implementation of firefighter employee safety
4224 and health programs. In addition, it is the intent of the
4225 Legislature that the division administer and enforce this part
4226 the provisions of ss. 633.801-633.821; provide assistance to
4227 firefighter employers, firefighter employees, and insurers; and
4228 enforce the policies, rules, and standards set forth in this
4229 part ss. 633.801-633.821.
4230 Section 79. Section 633.821, Florida Statutes, is
4231 transferred and renumbered as section 633.508, Florida Statutes,
4232 subsections (2), (3), (5), and (6) of that section are amended,
4233 and subsection (7) is added to that section, to read:
4234 633.508 633.821 Workplace safety; rulemaking authority;
4235 division authority.—
4236 (2) The division shall have the authority to adopt rules
4237 for the purpose of ensuring safe working conditions for all
4238 firefighter employees by authorizing the enforcement of
4239 effective standards, by assisting and encouraging firefighter
4240 employers to maintain safe working conditions, and by providing
4241 for education and training in the field of safety. Specifically,
4242 the division may by rule adopt the most current edition of all
4243 or any part of subparts C through T and subpart Z of 29 C.F.R.
4244 s. 1910, as revised April 8, 1998; the National Fire Protection
4245 Association, Inc., Standard 1500, paragraph 5-7 (Personal Alert
4246 Safety System) (1992 edition); the National Fire Protection
4247 Association, Inc., Publication 1403, Standard on Live Fire
4248 Training Evolutions (latest edition), as limited by subsection
4249 (6); and ANSI A 10.4-1990.
4250 (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
4251 individuals located outside the immediately dangerous to life
4252 and health atmosphere may be assigned to an additional role,
4253 such as incident commander, pumper operator, engineer, or
4254 driver, so long as such individual can is able to immediately
4255 perform assistance or rescue activities without jeopardizing the
4256 safety or health of any firefighter employee working at an
4257 incident. Also with respect to 29 C.F.R. s. 1910.134(g)(4):
4258 (a) Each county, municipality, and special district shall
4259 implement such provision by April 1, 2002, except as provided in
4260 paragraphs (b) and (c).
4261 (b) If any county, municipality, or special district is
4262 unable to implement such provision by April 1, 2002, without
4263 adding additional personnel to its firefighting staff or
4264 expending significant additional funds, such county,
4265 municipality, or special district shall have an additional 6
4266 months within which to implement such provision. Such county,
4267 municipality, or special district shall notify the division that
4268 the 6-month extension to implement such provision is in effect
4269 in such county, municipality, or special district within 30 days
4270 after its decision to extend the time for the additional 6
4271 months. The decision to extend the time for implementation shall
4272 be made prior to April 1, 2002.
4273 (c) If, after the extension granted in paragraph (b), the
4274 county, municipality, or special district, after having worked
4275 with and cooperated fully with the division and the Firefighters
4276 Employment, Standards, and Training Council, is still unable to
4277 implement such provisions without adding additional personnel to
4278 its firefighting staff or expending significant additional
4279 funds, such municipality, county, or special district shall be
4280 exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
4281 However, each year thereafter the division shall review each
4282 such county, municipality, or special district to determine if
4283 such county, municipality, or special district has the ability
4284 to implement such provision without adding additional personnel
4285 to its firefighting staff or expending significant additional
4286 funds. If the division determines that any county, municipality,
4287 or special district has the ability to implement such provision
4288 without adding additional personnel to its firefighting staff or
4289 expending significant additional funds, the division shall
4290 require such county, municipality, or special district to
4291 implement such provision. Such requirement by the division under
4292 this paragraph constitutes final agency action subject to
4293 chapter 120.
4294 (5) The division may adopt any rule necessary to implement,
4295 interpret, and make specific the provisions of this section,
4296 provided the division may not adopt by rule any other standard
4297 or standards of the Occupational Safety and Health
4298 Administration or the National Fire Protection Association
4299 relating solely to this part ss. 633.801-633.821 and firefighter
4300 employment safety without specific legislative authority.
4301 (6)(a) The division shall adopt rules for live fire
4302 training that all firefighter employees firefighters subject to
4303 this chapter must complete. The division shall also adopt rules
4304 for a training and certification process for live fire training
4305 instructors.
4306 (b) Such rules for training must shall include:
4307 1. Sections of the most current edition of the National
4308 Fire Protection Association, Inc., Publication 1402, Guide to
4309 Building Fire Service Training Centers, relating to establishing
4310 policies and procedures for effective use of such permanent
4311 facilities or structures.
4312 2. Sections of the most current edition of the National
4313 Fire Protection Association, Inc., Publication 1403, Standard on
4314 Live Fire Training Evolutions, excluding, however:
4315 a. Any chapter entitled “Referenced Publications.”
4316 b. References to the National Fire Protection Association,
4317 Inc., Publication 1975, Station Uniform.
4318 c. Provisions of the National Fire Protection Association,
4319 Inc., Publication 1001, not adopted under rule 69A-37 or any
4320 references to such publication in the National Fire Protection
4321 Association, Inc., Publication 1975.
4322 d. Any reference to an authority having jurisdiction in the
4323 National Fire Protection Association, Inc., Publication 1403,
4324 defined as the organization, office, or individual responsible
4325 for approving equipment, materials, installations, and
4326 procedures.
4327 3. A 40-hour training program for live fire training
4328 instructors, including:
4329 a. Live fire instructional techniques.
4330 b. Training safety in acquired or permanent facilities or
4331 props.
4332 c. Personnel safety.
4333 d. Exterior props, including, but not limited to, liquid
4334 petroleum gas, other liquid fuels, and similar props.
4335 (c) The rules, excluding those pertaining to live fire
4336 training instructor certification, shall take effect no later
4337 than January 1, 2006.
4338 (c)(d) Each live fire training instructor is required to be
4339 a state certified fire safety instructor. All live fire training
4340 commenced on and after January 1, 2007, must be conducted by a
4341 certified live fire training instructor.
4342 (d)(e) This subsection does not apply to wildland or
4343 prescribed live fire training exercises sanctioned by the
4344 Florida Forest Service of the Department of Agriculture and
4345 Consumer Services or the National Wildfire Coordinating Group.
4346 (7) The division shall:
4347 (a) Investigate and prescribe by rule what safety devices,
4348 safeguards, or other means of protection must be adopted for the
4349 prevention of accidents and injuries in every firefighter
4350 employee place of employment or at any fire scene; determine
4351 what suitable devices, safeguards, or other means of protection
4352 for the prevention of occupational diseases must be adopted or
4353 followed in any or all such firefighter places of employment or
4354 at any emergency fire scene; and adopt reasonable rules for the
4355 prevention of accidents, the safety, protection, and security of
4356 firefighter employees engaged in interior firefighting, and the
4357 prevention of occupational diseases.
4358 (b) Ascertain, fix, and order such reasonable standards and
4359 rules for the construction, repair, and maintenance of
4360 firefighter employee places of employment so as to render them
4361 safe. Such rules and standards shall be adopted in accordance
4362 with chapter 120.
4363 (c) Adopt rules prescribing recordkeeping responsibilities
4364 for firefighter employers, which may include maintaining a log
4365 and summary of occupational injuries, diseases, and illnesses,
4366 for producing on request a notice of injury and firefighter
4367 employee accident investigation records, and prescribing a
4368 retention schedule for such records.
4369 Section 80. Section 633.817, Florida Statutes, is
4370 transferred, renumbered as section 633.512, Florida Statutes,
4371 and amended to read:
4372 633.512 633.817 Compliance.—Failure of a firefighter
4373 employer or an insurer to comply with this part ss. 633.801
4374 633.821, or with any rules adopted under this part ss. 633.801
4375 633.821, constitutes grounds for the division to seek remedies,
4376 including injunctive relief, by making appropriate filings with
4377 the circuit court.
4378 Section 81. Section 633.805, Florida Statutes, is
4379 transferred and renumbered as section 633.516, Florida Statutes.
4380 Section 82. Section 633.806, Florida Statutes, is
4381 transferred, renumbered as section 633.518, Florida Statutes,
4382 and amended to read:
4383 633.518 633.806 Studies, investigations, inspections, or
4384 inquiries by the division; refusal to admit; penalty.—
4385 (1) The division shall make studies, and investigations,
4386 inspections, or inquiries with respect to compliance with this
4387 part or any rules authorized under this part safety provisions
4388 and the causes of firefighter employee injuries, illnesses,
4389 safety-based complaints, or Line of Duty Deaths (LODD) as
4390 defined in rule in firefighter employee places of employment and
4391 shall make such recommendations to the Legislature and
4392 firefighter employers and insurers as the division considers
4393 proper as to prevent or reduce future occurrences the best means
4394 of preventing firefighter injuries. In making such studies, and
4395 investigations, inspections, or inquiries, the division may
4396 cooperate with any agency of the United States charged with the
4397 duty of enforcing any law securing safety against injury in any
4398 place of firefighter employment covered by this part ss.
4399 633.801-633.821 or any agency or department of the state engaged
4400 in enforcing any law to ensure safety for firefighter employees.
4401 (2) The division by rule may adopt procedures for
4402 conducting investigations, inspections, or inquiries of
4403 firefighter employers under this part ss. 633.801-633.821.
4404 (3) The division and authorized representatives of the
4405 division may enter and inspect any firefighter employee’s place
4406 of employment at any reasonable time for the purpose of
4407 investigating compliance with this part and conducting
4408 inspections for the proper enforcement of this part. A
4409 firefighter employer who refuses to admit any member of the
4410 division or authorized representative of the division to any
4411 place of employment or to allow investigation and inspection
4412 pursuant to this section commits a misdemeanor of the second
4413 degree, punishable as provided in s. 775.082 or s. 775.083.
4414 Section 83. Section 633.807, Florida Statutes, is
4415 transferred, renumbered as section 633.520, Florida Statutes,
4416 and amended to read:
4417 633.520 633.807 Safety; firefighter employer
4418 responsibilities.—Every firefighter employer shall furnish and
4419 use safety devices and safeguards, adopt and use methods and
4420 processes reasonably adequate to render such an employment and
4421 place of employment safe, and do every other thing reasonably
4422 necessary to protect the lives, health, and safety of such
4423 firefighter employees. As used in this section, the terms “safe”
4424 and “safety,” as applied to any employment or place of
4425 firefighter employment, mean such freedom from danger as is
4426 reasonably necessary for the protection of the lives, health,
4427 and safety of firefighter employees, including conditions and
4428 methods of sanitation and hygiene. Safety devices and safeguards
4429 required to be furnished by the firefighter employer by this
4430 section or by the division under authority of this section do
4431 shall not include personal apparel and protective devices that
4432 replace personal apparel normally worn by firefighter employees
4433 during regular working hours.
4434 Section 84. Section 633.809, Florida Statutes, is
4435 transferred, renumbered as section 633.522, Florida Statutes,
4436 and amended to read:
4437 633.522 633.809 Firefighter employers; whose firefighter
4438 employees have a high frequency of work-related injuries;
4439 corrective plans; workplace safety committees and coordinators;
4440 failure to implement a safety and health program; cancellation.—
4441 (1) The division shall develop a means to by which the
4442 division may identify individual firefighter employers with
4443 whose firefighter employees have a high frequency or severity of
4444 firefighter employee work-related injuries. The division shall
4445 carry out safety inspections of the facilities and operations of
4446 those firefighter employers in order to assist them in reducing
4447 the frequency and severity of work-related injuries. The
4448 division shall develop safety and health programs for those
4449 firefighter employers. Insurers shall distribute such safety and
4450 health programs to the firefighter employers so identified by
4451 the division. Those firefighter employers identified by the
4452 division as having a high frequency or severity of work-related
4453 injuries shall implement a safety and health program developed
4454 by the division. The division shall conduct carry out safety
4455 inspections of those firefighter employers so identified to
4456 ensure compliance with this part or the division’s rules and
4457 make recommendations based upon current the safety and health
4458 practices program and to assist such firefighter employers in
4459 reducing the number of work-related injuries. The division may
4460 not assess penalties as a result of such inspections, except as
4461 provided by s. 633.813. Copies of any report made as the result
4462 of such an inspection shall be provided to the firefighter
4463 employer and its insurer. Firefighter employers shall may submit
4464 a plan for the correction of any noncompliance issues their own
4465 safety and health programs to the division for approval in
4466 accordance with division rule lieu of using the safety and
4467 health program developed by the division. The division shall
4468 promptly review the plan program submitted and approve or
4469 disapprove the plan program within 60 days or such plan program
4470 shall be deemed approved. Upon approval by the division, the
4471 plan program shall be implemented by the firefighter employer.
4472 If the plan program is not submitted, does not provide
4473 corrective actions for all deficiencies, is not complete, or is
4474 not implemented, the fire service provider shall be subject to
4475 s. 633.526 approved or if a program is not submitted, the
4476 firefighter employer shall implement the program developed by
4477 the division. The division shall adopt rules setting forth the
4478 criteria for safety and health programs, as such rules relate to
4479 this section.
4480 (2) In order to promote health and safety in firefighter
4481 employee places of employment in this state:
4482 (a) Each firefighter employer of 20 or more firefighter
4483 employees shall establish and administer a workplace safety
4484 committee in accordance with rules adopted under this section.
4485 (b) Each firefighter employer of fewer than 20 firefighter
4486 employees with a high frequency or high severity of work-related
4487 injuries, as identified by the division, shall establish and
4488 administer a workplace safety committee or designate a workplace
4489 safety coordinator who shall establish and administer workplace
4490 safety activities in accordance with rules adopted under this
4491 section.
4492 (3) The division shall adopt rules:
4493 (a) Prescribing the membership of the workplace safety
4494 committees so as to ensure an equal number of firefighter
4495 employee representatives who are volunteers or are elected by
4496 their peers and firefighter employer representatives, and
4497 specifying the frequency of meetings.
4498 (b) Requiring firefighter employers to make adequate
4499 records of each meeting and to file and to maintain the records
4500 subject to inspection by the division.
4501 (c) Prescribing the duties and functions of the workplace
4502 safety committee and workplace safety coordinator which include,
4503 but are not limited to:
4504 1. Establishing procedures for workplace safety inspections
4505 by the committee.
4506 2. Establishing procedures for investigating all workplace
4507 accidents, safety-related incidents, illnesses, and deaths.
4508 3. Evaluating accident prevention and illness prevention
4509 programs.
4510 4. Prescribing guidelines for the training of safety
4511 committee members.
4512 (4) The composition, selection, and function of workplace
4513 safety committees shall be a mandatory topic of negotiations
4514 with any certified collective bargaining agent for firefighter
4515 employers that operate under a collective bargaining agreement.
4516 Firefighter employers that operate under a collective bargaining
4517 agreement that contains provisions governing the formation and
4518 operation of workplace safety committees that meet or exceed the
4519 minimum requirements contained in this section, or firefighter
4520 employers who otherwise have existing workplace safety
4521 committees that meet or exceed the minimum requirements
4522 established by this section, are in compliance with this
4523 section.
4524 (5) Firefighter employees shall be compensated their
4525 regular hourly wage while engaged in workplace safety committee
4526 or workplace safety coordinator training, meetings, or other
4527 duties prescribed under this section.
4528 (6) If a firefighter employer fails to implement a
4529 corrective plan, the insurer or self-insurer’s fund that is
4530 providing coverage for the firefighter employer may cancel the
4531 contract for insurance with the firefighter employer. In the
4532 alternative, the insurer or fund may terminate any discount or
4533 deviation granted to the firefighter employer for the remainder
4534 of the term of the policy. If the contract is canceled or the
4535 discount or deviation is terminated, the insurer must make such
4536 reports as are required by law.
4537 Section 85. Section 633.811, Florida Statutes, is
4538 transferred, renumbered as section 633.526, Florida Statutes,
4539 and amended to read:
4540 633.526 633.811 Firefighter employer penalties.—If any
4541 firefighter employer violates or fails or refuses to comply with
4542 this part ss. 633.801-633.821, or with any rule adopted by the
4543 division under such sections in accordance with chapter 120 for
4544 the prevention of injuries, accidents, or occupational diseases
4545 or with any lawful order of the division in connection with this
4546 part ss. 633.801-633.821, or fails or refuses to furnish or
4547 adopt any safety device, safeguard, or other means of protection
4548 prescribed by division rule under this part ss. 633.801-633.821
4549 for the prevention of accidents or occupational diseases, the
4550 division may:
4551 (1) Issue an administrative cease and desist order,
4552 enforceable in the circuit court in the jurisdiction where the
4553 violation is occurring or has occurred.
4554 (2) Assess an administrative fine against a firefighter
4555 employer of not less than $100 or more than $1,000 for each
4556 violation and each day a violation is committed.
4557 (3) Assess against the firefighter employer a civil penalty
4558 of not less than $100 nor more than $5,000 for each day the
4559 violation, omission, failure, or refusal continues after the
4560 firefighter employer has been given written notice of such
4561 violation, omission, failure, or refusal. The total penalty for
4562 each violation shall not exceed $50,000. The division shall
4563 adopt rules requiring penalties commensurate with the frequency
4564 or severity of safety violations. Hearings requested under this
4565 section shall be conducted in Tallahassee A hearing shall be
4566 held in the county in which the violation, omission, failure, or
4567 refusal is alleged to have occurred, unless otherwise agreed to
4568 by the firefighter employer and authorized by the division. All
4569 penalties assessed and collected under this section shall be
4570 deposited in the Insurance Regulatory Trust Fund.
4571 Section 86. Section 633.812, Florida Statutes, is
4572 transferred and renumbered as section 633.528, Florida Statutes,
4573 and subsections (2) and (3) of that section are amended, to
4574 read:
4575 633.528 633.812 Division cooperation with Federal
4576 Government; exemption from requirements for private firefighter
4577 employers.—
4578 (2) Except as provided in this section, A private
4579 firefighter employer is not subject to the requirements set
4580 forth in part IV and part V of the division if the private
4581 firefighter employer meets the requirements of this part and:
4582 (a) The private firefighter employer is subject to the
4583 federal regulations in 29 C.F.R. ss. 1910 and 1926.
4584 (b) The private firefighter employer has adopted and
4585 implemented a written safety program that conforms to the
4586 requirements of 29 C.F.R. ss. 1910 and 1926.
4587 (c) A private firefighter employer with 20 or more full
4588 time firefighter employees shall include provisions for a safety
4589 committee in the safety program. The safety committee shall
4590 include firefighter employee representation and shall meet at
4591 least once each calendar quarter. The private firefighter
4592 employer shall make adequate records of each meeting and
4593 maintain the records subject to inspections under subsection
4594 (3). The safety committee shall, if appropriate, make
4595 recommendations regarding improvements to the safety program and
4596 corrections of hazards affecting workplace safety.
4597 (c)(d) The private firefighter employer provides the
4598 division with a written statement that certifies compliance with
4599 this subsection.
4600 (3) The division may enter at any reasonable time any place
4601 of private firefighter employment for the purpose of verifying
4602 the accuracy of the written certification. If the division
4603 determines that the private firefighter employer has not
4604 complied with the requirements of subsection (2), the private
4605 firefighter employer shall be subject to the rules of the
4606 division until the private firefighter employer complies with
4607 subsection (2), which must be verified by a reinspection by and
4608 recertifies that fact to the division.
4609 Section 87. Section 633.816, Florida Statutes, is
4610 transferred, renumbered as section 633.532, Florida Statutes,
4611 and amended to read:
4612 633.532 633.816 Firefighter employee rights and
4613 responsibilities.—
4614 (1) Each firefighter employee of a firefighter employer
4615 covered under this part ss. 633.801-633.821 shall comply with
4616 rules adopted by the division and with reasonable workplace
4617 safety and health standards, rules, policies, procedures, and
4618 work practices established by the firefighter employer and the
4619 workplace safety committee. A firefighter employee who knowingly
4620 fails to comply with this subsection may be disciplined or
4621 discharged by the firefighter employer.
4622 (2) A firefighter employer may not discharge, threaten to
4623 discharge, cause to be discharged, intimidate, coerce, otherwise
4624 discipline, or in any manner discriminate against a firefighter
4625 employee for any of the following reasons:
4626 (a) The firefighter employee has testified or is about to
4627 testify, on her or his own behalf or on behalf of others, in any
4628 proceeding instituted under this part ss. 633.801-633.821;
4629 (b) The firefighter employee has exercised any other right
4630 given afforded under this part ss. 633.801-633.821; or
4631 (c) The firefighter employee is engaged in activities
4632 relating to the workplace safety committee.
4633 (3) No Pay, a position, seniority, or any other benefit may
4634 not be lost for exercising any right under, or for seeking
4635 compliance with any requirement of, this part ss. 633.801
4636 633.821.
4637 Section 88. Section 633.818, Florida Statutes, is
4638 transferred, renumbered as section 633.534, Florida Statutes,
4639 and amended to read:
4640 633.534 633.818 False, fictitious, or fraudulent acts,
4641 statements, and representations prohibited; penalty; statute of
4642 limitations to insurers.—
4643 (1) A firefighter employer who knowingly and willfully
4644 falsifies or conceals a material fact, who makes a false,
4645 fictitious, or fraudulent statement or representation, or who
4646 makes or uses any false document knowing the document to contain
4647 any false, fictitious, or fraudulent entry or statement to an
4648 insurer of workers’ compensation insurance under this part ss.
4649 633.801-633.821 commits a misdemeanor of the second degree,
4650 punishable as provided in s. 775.082 or s. 775.083.
4651 (2) A person may not, in any matter within the jurisdiction
4652 of the division, knowingly and willfully falsify or conceal a
4653 material fact; make any false, fictitious, or fraudulent
4654 statement or representation; or make or use any false document,
4655 knowing the same to contain any false, fictitious, or fraudulent
4656 statement or entry. A person who violates this section commits a
4657 misdemeanor of the second degree, punishable as provided in s.
4658 775.082 or s. 775.083. The statute of limitations for
4659 prosecution of an act committed in violation of this section is
4660 5 years after the date the act was committed or, if not
4661 discovered within 30 days after the act was committed, 5 years
4662 after the date the act was discovered.
4663 Section 89. Section 633.814, Florida Statutes, is
4664 transferred, renumbered as section 633.536, Florida Statutes,
4665 and amended to read:
4666 633.536 633.814 Expenses of administration.—The amounts
4667 that are needed to administer this part ss. 633.801-633.821
4668 shall be disbursed from the Insurance Regulatory Trust Fund.
4669 Section 90. Paragraph (b) of subsection (2) of section
4670 112.011, Florida Statutes, is amended to read:
4671 112.011 Disqualification from licensing and public
4672 employment based on criminal conviction.—
4673 (2)
4674 (b) This section does not apply to the employment practices
4675 of any fire department relating to the hiring of firefighters.
4676 An applicant for employment with any fire department who has a
4677 prior felony conviction shall be excluded from employment for a
4678 period of 4 years after expiration of sentence or final release
4679 by the Parole Commission unless the applicant, before the
4680 expiration of the 4-year period, has received a full pardon or
4681 has had his or her civil rights restored.
4682 Section 91. Paragraph (i) of subsection (2) of section
4683 112.191, Florida Statutes, is amended, and paragraphs (a), (b),
4684 and (c) of subsection (2) of that section are reenacted, to
4685 read:
4686 112.191 Firefighters; death benefits.—
4687 (2)(a) The sum of $50,000, as adjusted pursuant to
4688 paragraph (i), shall be paid as provided in this section when a
4689 firefighter, while engaged in the performance of his or her
4690 firefighter duties, is accidentally killed or receives
4691 accidental bodily injury which subsequently results in the loss
4692 of the firefighter’s life, provided that such killing is not the
4693 result of suicide and that such bodily injury is not
4694 intentionally self-inflicted. Notwithstanding any other
4695 provision of law, in no case shall the amount payable under this
4696 subsection be less than the actual amount stated therein.
4697 (b) The sum of $50,000, as adjusted pursuant to paragraph
4698 (i), shall be paid as provided in this section if a firefighter
4699 is accidentally killed as specified in paragraph (a) and the
4700 accidental death occurs as a result of the firefighter’s
4701 response to what is reasonably believed to be an emergency
4702 involving the protection of life or property or the
4703 firefighter’s participation in a training exercise. This sum is
4704 in addition to any sum provided in paragraph (a).
4705 Notwithstanding any other provision of law, the amount payable
4706 under this subsection may not be less than the actual amount
4707 stated therein.
4708 (c) If a firefighter, while engaged in the performance of
4709 his or her firefighter duties, is unlawfully and intentionally
4710 killed, is injured by an unlawful and intentional act of another
4711 person and dies as a result of such injury, dies as a result of
4712 a fire which has been determined to have been caused by an act
4713 of arson, or subsequently dies as a result of injuries sustained
4714 therefrom, the sum of $150,000, as adjusted pursuant to
4715 paragraph (i), shall be paid as provided in this section.
4716 Notwithstanding any other provision of law, the amount payable
4717 under this subsection may not be less than the actual amount
4718 stated therein.
4719 (i) Any payments made pursuant to paragraph (a), paragraph
4720 (b), or paragraph (c) shall consist of the statutory amount
4721 adjusted to show reflect price level changes in the Consumer
4722 Price Index for All Urban Consumers published by the United
4723 States Department of Labor since July 1, 2002 the effective date
4724 of the act. The Division of State Fire Marshal, using the most
4725 recent month for which Consumer Price Index data is available,
4726 shall, on June 15 of each year, calculate and publish on the
4727 division’s internet website the amount resulting from the
4728 adjustments to by rule adjust the statutory amounts amount based
4729 on the Consumer Price Index for All Urban Consumers published by
4730 the United States Department of Labor. The adjusted statutory
4731 amounts Adjustment shall be effective on made July 1 of each
4732 year using the most recent month for which data are available at
4733 the time of the adjustment.
4734 Section 92. Subsection (4) of section 120.541, Florida
4735 Statutes, as amended by section 1 of chapter 2011-222, 2011 Laws
4736 of Florida, is amended to read:
4737 120.541 Statement of estimated regulatory costs.—
4738 (4) Subsection (3) does not apply to the adoption of:
4739 (a) Federal standards pursuant to s. 120.54(6).
4740 (b) Triennial updates of and amendments to the Florida
4741 Building Code which are expressly authorized by s. 553.73.
4742 (c) Triennial updates of and amendments to the Florida Fire
4743 Prevention Code which are expressly authorized by s. 633.202 s.
4744 633.0215.
4745 Section 93. Paragraph (c) of subsection (6) of section
4746 196.081, Florida Statutes, as amended by section 2 of chapter
4747 2012-54, Laws of Florida, and section 19 of chapter 2012-193,
4748 Laws of Florida, is amended to read:
4749 196.081 Exemption for certain permanently and totally
4750 disabled veterans and for surviving spouses of veterans;
4751 exemption for surviving spouses of first responders who die in
4752 the line of duty.—
4753 (6) Any real estate that is owned and used as a homestead
4754 by the surviving spouse of a first responder who died in the
4755 line of duty while employed by the state or any political
4756 subdivision of the state, including authorities and special
4757 districts, and for whom a letter from the state or appropriate
4758 political subdivision of the state, or other authority or
4759 special district, has been issued which legally recognizes and
4760 certifies that the first responder died in the line of duty
4761 while employed as a first responder is exempt from taxation if
4762 the first responder and his or her surviving spouse were
4763 permanent residents of this state on January 1 of the year in
4764 which the first responder died.
4765 (c) As used in this subsection only, and not applicable to
4766 the payment of benefits under s. 112.19 or s. 112.191, the term:
4767 1. “First responder” means a law enforcement officer or
4768 correctional officer as defined in s. 943.10, a firefighter as
4769 defined in s. 633.102 s. 633.30, or an emergency medical
4770 technician or paramedic as defined in s. 401.23 who is a full
4771 time paid employee, part-time paid employee, or unpaid
4772 volunteer.
4773 2. “In the line of duty” means:
4774 a. While engaging in law enforcement;
4775 b. While performing an activity relating to fire
4776 suppression and prevention;
4777 c. While responding to a hazardous material emergency;
4778 d. While performing rescue activity;
4779 e. While providing emergency medical services;
4780 f. While performing disaster relief activity;
4781 g. While otherwise engaging in emergency response activity;
4782 or
4783 h. While engaging in a training exercise related to any of
4784 the events or activities enumerated in this subparagraph if the
4785 training has been authorized by the employing entity.
4786
4787 A heart attack or stroke that causes death or causes an injury
4788 resulting in death must occur within 24 hours after an event or
4789 activity enumerated in this subparagraph and must be directly
4790 and proximately caused by the event or activity in order to be
4791 considered as having occurred in the line of duty.
4792 Section 94. Section 633.167, Florida Statutes, is amended
4793 to read:
4794 633.167 Probation.—
4795 (1) If the State Fire Marshal finds that one or more
4796 grounds exist for the suspension, revocation, or refusal to
4797 issue, renew, or continue any license, certification, or permit
4798 issued under this chapter, the State Fire Marshal may, in her or
4799 his discretion, except when an administrative fine is not
4800 permissible under this chapter or when the suspension,
4801 revocation, or refusal is mandatory, in lieu of suspension,
4802 revocation, or refusal to issue, renew, or continue or, in
4803 connection with any administrative fine imposed, place the
4804 offending licensee, certificateholder, or permittee on probation
4805 for a period not to exceed 2 years, as specified by the State
4806 Fire Marshal in her or his order.
4807 (2) As a condition to probation or in connection therewith,
4808 the State Fire Marshal may specify in her or his order
4809 reasonable terms and conditions to be fulfilled by the
4810 probationer during the probation period. If during the probation
4811 period the State Fire Marshal has good cause to believe that the
4812 probationer has violated any of the terms and conditions, she or
4813 he shall suspend, revoke, or refuse to issue, renew, or continue
4814 the license, certificate, or permit of the probationer, as upon
4815 the original ground or grounds referred to in subsection (1).
4816 Section 95. Section 633.517, Florida Statutes, is amended
4817 to read:
4818 633.517 Authority of State Fire Marshal to adopt rules,
4819 administer oaths, and take testimony.—
4820 (1) The State Fire Marshal may is authorized, with the
4821 advice of the board, to adopt rules pursuant to ss. 120.536(1)
4822 and 120.54 to implement the provisions of this act.
4823 (2) The State Fire Marshal or her or his duly appointed
4824 hearing officer may administer oaths and take testimony about
4825 all matters within the jurisdiction of this act. Chapter 120
4826 governs hearings conducted by or on behalf of the State Fire
4827 Marshal.
4828 Section 96. Section 633.024, Florida Statutes, is repealed.
4829 Section 97. Section 633.0245, Florida Statutes, is
4830 repealed.
4831 Section 98. Section 633.03, Florida Statutes, is repealed.
4832 Section 99. Section 633.0421, Florida Statutes, is
4833 repealed.
4834 Section 100. Section 633.13, Florida Statutes, is repealed.
4835 Section 101. Section 633.18, Florida Statutes, is repealed.
4836 Section 102. Section 633.30, Florida Statutes, is repealed.
4837 Section 103. Section 633.32, Florida Statutes, is repealed.
4838 Section 104. Section 633.33, Florida Statutes, is repealed.
4839 Section 105. Section 633.37, Florida Statutes, is repealed.
4840 Section 106. Section 633.445, Florida Statutes, is
4841 repealed.
4842 Section 107. Section 633.46, Florida Statutes, is repealed.
4843 Section 108. Section 633.514, Florida Statutes, is
4844 repealed.
4845 Section 109. Section 633.524, Florida Statutes, is
4846 repealed.
4847 Section 110. Section 633.804, Florida Statutes, is
4848 repealed.
4849 Section 111. Section 633.808, Florida Statutes, is
4850 repealed.
4851 Section 112. Section 633.810, Florida Statutes, is
4852 repealed.
4853 Section 113. Section 633.813, Florida Statutes, is
4854 repealed.
4855 Section 114. Section 633.815, Florida Statutes, is
4856 repealed.
4857 Section 115. Section 633.819, Florida Statutes, is
4858 repealed.
4859 Section 116. Section 633.820, Florida Statutes, is
4860 repealed.
4861 Section 117. Subsection (1) of section 112.1815, Florida
4862 Statutes, is amended to read:
4863 112.1815 Firefighters, paramedics, emergency medical
4864 technicians, and law enforcement officers; special provisions
4865 for employment-related accidents and injuries.—
4866 (1) The term “first responder” as used in this section
4867 means a law enforcement officer as defined in s. 943.10, a
4868 firefighter as defined in s. 633.102 633.30, or an emergency
4869 medical technician or paramedic as defined in s. 401.23 employed
4870 by state or local government. A volunteer law enforcement
4871 officer, firefighter, or emergency medical technician or
4872 paramedic engaged by the state or a local government is also
4873 considered a first responder of the state or local government
4874 for purposes of this section.
4875 Section 118. Paragraph (b) of subsection (1) of section
4876 112.191, Florida Statutes, is amended to read:
4877 112.191 Firefighters; death benefits.—
4878 (1) Whenever used in this act:
4879 (b) The term “firefighter” means any full-time duly
4880 employed uniformed firefighter employed by an employer, whose
4881 primary duty is the prevention and extinguishing of fires, the
4882 protection of life and property therefrom, the enforcement of
4883 municipal, county, and state fire prevention codes, as well as
4884 the enforcement of any law pertaining to the prevention and
4885 control of fires, who is certified pursuant to s. 633.408
4886 633.35, and who is a member of a duly constituted fire
4887 department of such employer or who is a volunteer firefighter.
4888 Section 119. Subsection (1) of section 112.81, Florida
4889 Statutes, is amended to read:
4890 112.81 Definitions.—As used in this part:
4891 (1) “Firefighter” means a any person who is certified in
4892 compliance with s. 633.408 633.35 and who is employed solely
4893 within the fire department or public safety department of an
4894 employing agency as a full-time firefighter whose primary
4895 responsibility is the prevention and extinguishment of fires;
4896 the protection of life and property; and the enforcement of
4897 municipal, county, and state fire prevention codes and laws
4898 pertaining to the prevention and control of fires.
4899 Section 120. Paragraph (d) of subsection (4) of section
4900 119.071, Florida Statutes, is amended to read:
4901 119.071 General exemptions from inspection or copying of
4902 public records.—
4903 (4) AGENCY PERSONNEL INFORMATION.—
4904 (d)1. For purposes of this paragraph, the term “telephone
4905 numbers” includes home telephone numbers, personal cellular
4906 telephone numbers, personal pager telephone numbers, and
4907 telephone numbers associated with personal communications
4908 devices.
4909 2.a. The home addresses, telephone numbers, social security
4910 numbers, dates of birth, and photographs of active or former
4911 sworn or civilian law enforcement personnel, including
4912 correctional and correctional probation officers, personnel of
4913 the Department of Children and Family Services whose duties
4914 include the investigation of abuse, neglect, exploitation,
4915 fraud, theft, or other criminal activities, personnel of the
4916 Department of Health whose duties are to support the
4917 investigation of child abuse or neglect, and personnel of the
4918 Department of Revenue or local governments whose
4919 responsibilities include revenue collection and enforcement or
4920 child support enforcement; the home addresses, telephone
4921 numbers, social security numbers, photographs, dates of birth,
4922 and places of employment of the spouses and children of such
4923 personnel; and the names and locations of schools and day care
4924 facilities attended by the children of such personnel are exempt
4925 from s. 119.07(1).
4926 b. The home addresses, telephone numbers, dates of birth,
4927 and photographs of firefighters certified in compliance with s.
4928 633.408 633.35; the home addresses, telephone numbers,
4929 photographs, dates of birth, and places of employment of the
4930 spouses and children of such firefighters; and the names and
4931 locations of schools and day care facilities attended by the
4932 children of such firefighters are exempt from s. 119.07(1).
4933 c. The home addresses, dates of birth, and telephone
4934 numbers of current or former justices of the Supreme Court,
4935 district court of appeal judges, circuit court judges, and
4936 county court judges; the home addresses, telephone numbers,
4937 dates of birth, and places of employment of the spouses and
4938 children of current or former justices and judges; and the names
4939 and locations of schools and day care facilities attended by the
4940 children of current or former justices and judges are exempt
4941 from s. 119.07(1).
4942 d. The home addresses, telephone numbers, social security
4943 numbers, dates of birth, and photographs of current or former
4944 state attorneys, assistant state attorneys, statewide
4945 prosecutors, or assistant statewide prosecutors; the home
4946 addresses, telephone numbers, social security numbers,
4947 photographs, dates of birth, and places of employment of the
4948 spouses and children of current or former state attorneys,
4949 assistant state attorneys, statewide prosecutors, or assistant
4950 statewide prosecutors; and the names and locations of schools
4951 and day care facilities attended by the children of current or
4952 former state attorneys, assistant state attorneys, statewide
4953 prosecutors, or assistant statewide prosecutors are exempt from
4954 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
4955 e. The home addresses, dates of birth, and telephone
4956 numbers of general magistrates, special magistrates, judges of
4957 compensation claims, administrative law judges of the Division
4958 of Administrative Hearings, and child support enforcement
4959 hearing officers; the home addresses, telephone numbers, dates
4960 of birth, and places of employment of the spouses and children
4961 of general magistrates, special magistrates, judges of
4962 compensation claims, administrative law judges of the Division
4963 of Administrative Hearings, and child support enforcement
4964 hearing officers; and the names and locations of schools and day
4965 care facilities attended by the children of general magistrates,
4966 special magistrates, judges of compensation claims,
4967 administrative law judges of the Division of Administrative
4968 Hearings, and child support enforcement hearing officers are
4969 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
4970 Constitution if the general magistrate, special magistrate,
4971 judge of compensation claims, administrative law judge of the
4972 Division of Administrative Hearings, or child support hearing
4973 officer provides a written statement that the general
4974 magistrate, special magistrate, judge of compensation claims,
4975 administrative law judge of the Division of Administrative
4976 Hearings, or child support hearing officer has made reasonable
4977 efforts to protect such information from being accessible
4978 through other means available to the public.
4979 f. The home addresses, telephone numbers, dates of birth,
4980 and photographs of current or former human resource, labor
4981 relations, or employee relations directors, assistant directors,
4982 managers, or assistant managers of any local government agency
4983 or water management district whose duties include hiring and
4984 firing employees, labor contract negotiation, administration, or
4985 other personnel-related duties; the names, home addresses,
4986 telephone numbers, dates of birth, and places of employment of
4987 the spouses and children of such personnel; and the names and
4988 locations of schools and day care facilities attended by the
4989 children of such personnel are exempt from s. 119.07(1) and s.
4990 24(a), Art. I of the State Constitution.
4991 g. The home addresses, telephone numbers, dates of birth,
4992 and photographs of current or former code enforcement officers;
4993 the names, home addresses, telephone numbers, dates of birth,
4994 and places of employment of the spouses and children of such
4995 personnel; and the names and locations of schools and day care
4996 facilities attended by the children of such personnel are exempt
4997 from s. 119.07(1) and s. 24(a), Art. I of the State
4998 Constitution.
4999 h. The home addresses, telephone numbers, places of
5000 employment, dates of birth, and photographs of current or former
5001 guardians ad litem, as defined in s. 39.820; the names, home
5002 addresses, telephone numbers, dates of birth, and places of
5003 employment of the spouses and children of such persons; and the
5004 names and locations of schools and day care facilities attended
5005 by the children of such persons are exempt from s. 119.07(1) and
5006 s. 24(a), Art. I of the State Constitution, if the guardian ad
5007 litem provides a written statement that the guardian ad litem
5008 has made reasonable efforts to protect such information from
5009 being accessible through other means available to the public.
5010 i. The home addresses, telephone numbers, dates of birth,
5011 and photographs of current or former juvenile probation
5012 officers, juvenile probation supervisors, detention
5013 superintendents, assistant detention superintendents, juvenile
5014 justice detention officers I and II, juvenile justice detention
5015 officer supervisors, juvenile justice residential officers,
5016 juvenile justice residential officer supervisors I and II,
5017 juvenile justice counselors, juvenile justice counselor
5018 supervisors, human services counselor administrators, senior
5019 human services counselor administrators, rehabilitation
5020 therapists, and social services counselors of the Department of
5021 Juvenile Justice; the names, home addresses, telephone numbers,
5022 dates of birth, and places of employment of spouses and children
5023 of such personnel; and the names and locations of schools and
5024 day care facilities attended by the children of such personnel
5025 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
5026 Constitution.
5027 j. The home addresses, telephone numbers, dates of birth,
5028 and photographs of current or former public defenders, assistant
5029 public defenders, criminal conflict and civil regional counsel,
5030 and assistant criminal conflict and civil regional counsel; the
5031 home addresses, telephone numbers, dates of birth, and places of
5032 employment of the spouses and children of such defenders or
5033 counsel; and the names and locations of schools and day care
5034 facilities attended by the children of such defenders or counsel
5035 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
5036 Constitution.
5037 k. The home addresses, telephone numbers, and photographs
5038 of current or former investigators or inspectors of the
5039 Department of Business and Professional Regulation; the names,
5040 home addresses, telephone numbers, and places of employment of
5041 the spouses and children of such current or former investigators
5042 and inspectors; and the names and locations of schools and day
5043 care facilities attended by the children of such current or
5044 former investigators and inspectors are exempt from s. 119.07(1)
5045 and s. 24(a), Art. I of the State Constitution if the
5046 investigator or inspector has made reasonable efforts to protect
5047 such information from being accessible through other means
5048 available to the public. This sub-subparagraph is subject to the
5049 Open Government Sunset Review Act in accordance with s. 119.15
5050 and shall stand repealed on October 2, 2017, unless reviewed and
5051 saved from repeal through reenactment by the Legislature.
5052 l. The home addresses and telephone numbers of county tax
5053 collectors; the names, home addresses, telephone numbers, and
5054 places of employment of the spouses and children of such tax
5055 collectors; and the names and locations of schools and day care
5056 facilities attended by the children of such tax collectors are
5057 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
5058 Constitution if the county tax collector has made reasonable
5059 efforts to protect such information from being accessible
5060 through other means available to the public. This sub
5061 subparagraph is subject to the Open Government Sunset Review Act
5062 in accordance with s. 119.15 and shall stand repealed on October
5063 2, 2017, unless reviewed and saved from repeal through
5064 reenactment by the Legislature.
5065 3. An agency that is the custodian of the information
5066 specified in subparagraph 2. and that is not the employer of the
5067 officer, employee, justice, judge, or other person specified in
5068 subparagraph 2. shall maintain the exempt status of that
5069 information only if the officer, employee, justice, judge, other
5070 person, or employing agency of the designated employee submits a
5071 written request for maintenance of the exemption to the
5072 custodial agency.
5073 4. The exemptions in this paragraph apply to information
5074 held by an agency before, on, or after the effective date of the
5075 exemption.
5076 5. This paragraph is subject to the Open Government Sunset
5077 Review Act in accordance with s. 119.15, and shall stand
5078 repealed on October 2, 2017, unless reviewed and saved from
5079 repeal through reenactment by the Legislature.
5080 Section 121. Subsection (17) of section 120.80, Florida
5081 Statutes, is amended to read:
5082 120.80 Exceptions and special requirements; agencies.—
5083 (17) STATE FIRE MARSHAL.—Section 120.541(3) does not apply
5084 to the adoption of amendments and the triennial update to the
5085 Florida Fire Prevention Code expressly authorized by s. 633.202
5086 633.0215.
5087 Section 122. Subsection (3) and paragraph (a) of subsection
5088 (6) of section 121.0515, Florida Statutes, are amended to read:
5089 121.0515 Special Risk Class.—
5090 (3) CRITERIA.—A member, to be designated as a special risk
5091 member, must meet the following criteria:
5092 (a) Effective October 1, 1978, the member must be employed
5093 as a law enforcement officer and be certified, or required to be
5094 certified, in compliance with s. 943.1395; however, sheriffs and
5095 elected police chiefs are excluded from meeting the
5096 certification requirements of this paragraph. In addition, the
5097 member’s duties and responsibilities must include the pursuit,
5098 apprehension, and arrest of law violators or suspected law
5099 violators; or as of July 1, 1982, the member must be an active
5100 member of a bomb disposal unit whose primary responsibility is
5101 the location, handling, and disposal of explosive devices; or
5102 the member must be the supervisor or command officer of a member
5103 or members who have such responsibilities. Administrative
5104 support personnel, including, but not limited to, those whose
5105 primary duties and responsibilities are in accounting,
5106 purchasing, legal, and personnel, are not included;
5107 (b) Effective October 1, 1978, the member must be employed
5108 as a firefighter and be certified, or required to be certified,
5109 in compliance with s. 633.408 633.35 and be employed solely
5110 within the fire department of a local government employer or an
5111 agency of state government with firefighting responsibilities.
5112 In addition, the member’s duties and responsibilities must
5113 include on-the-scene fighting of fires; as of October 1, 2001,
5114 fire prevention or firefighter training; as of October 1, 2001,
5115 direct supervision of firefighting units, fire prevention, or
5116 firefighter training; or as of July 1, 2001, aerial firefighting
5117 surveillance performed by fixed-wing aircraft pilots employed by
5118 the Florida Forest Service of the Department of Agriculture and
5119 Consumer Services; or the member must be the supervisor or
5120 command officer of a member or members who have such
5121 responsibilities. Administrative support personnel, including,
5122 but not limited to, those whose primary duties and
5123 responsibilities are in accounting, purchasing, legal, and
5124 personnel, are not included. All periods of creditable service
5125 in fire prevention or firefighter training, or as the supervisor
5126 or command officer of a member or members who have such
5127 responsibilities, and for which the employer paid the special
5128 risk contribution rate, are included;
5129 (c) Effective October 1, 1978, the member must be employed
5130 as a correctional officer and be certified, or required to be
5131 certified, in compliance with s. 943.1395. In addition, the
5132 member’s primary duties and responsibilities must be the
5133 custody, and physical restraint when necessary, of prisoners or
5134 inmates within a prison, jail, or other criminal detention
5135 facility, or while on work detail outside the facility, or while
5136 being transported; or as of July 1, 1984, the member must be the
5137 supervisor or command officer of a member or members who have
5138 such responsibilities. Administrative support personnel,
5139 including, but not limited to, those whose primary duties and
5140 responsibilities are in accounting, purchasing, legal, and
5141 personnel, are not included; however, wardens and assistant
5142 wardens, as defined by rule, are included;
5143 (d) Effective October 1, 1999, the member must be employed
5144 by a licensed Advance Life Support (ALS) or Basic Life Support
5145 (BLS) employer as an emergency medical technician or a paramedic
5146 and be certified in compliance with s. 401.27. In addition, the
5147 member’s primary duties and responsibilities must include on
5148 the-scene emergency medical care or as of October 1, 2001,
5149 direct supervision of emergency medical technicians or
5150 paramedics, or the member must be the supervisor or command
5151 officer of one or more members who have such responsibility.
5152 Administrative support personnel, including, but not limited to,
5153 those whose primary responsibilities are in accounting,
5154 purchasing, legal, and personnel, are not included;
5155 (e) Effective January 1, 2001, the member must be employed
5156 as a community-based correctional probation officer and be
5157 certified, or required to be certified, in compliance with s.
5158 943.1395. In addition, the member’s primary duties and
5159 responsibilities must be the supervised custody, surveillance,
5160 control, investigation, and counseling of assigned inmates,
5161 probationers, parolees, or community controllees within the
5162 community; or the member must be the supervisor of a member or
5163 members who have such responsibilities. Administrative support
5164 personnel, including, but not limited to, those whose primary
5165 duties and responsibilities are in accounting, purchasing, legal
5166 services, and personnel management, are not included; however,
5167 probation and parole circuit and deputy circuit administrators
5168 are included;
5169 (f) Effective January 1, 2001, the member must be employed
5170 in one of the following classes and must spend at least 75
5171 percent of his or her time performing duties which involve
5172 contact with patients or inmates in a correctional or forensic
5173 facility or institution:
5174 1. Dietitian (class codes 5203 and 5204);
5175 2. Public health nutrition consultant (class code 5224);
5176 3. Psychological specialist (class codes 5230 and 5231);
5177 4. Psychologist (class code 5234);
5178 5. Senior psychologist (class codes 5237 and 5238);
5179 6. Regional mental health consultant (class code 5240);
5180 7. Psychological Services Director—DCF (class code 5242);
5181 8. Pharmacist (class codes 5245 and 5246);
5182 9. Senior pharmacist (class codes 5248 and 5249);
5183 10. Dentist (class code 5266);
5184 11. Senior dentist (class code 5269);
5185 12. Registered nurse (class codes 5290 and 5291);
5186 13. Senior registered nurse (class codes 5292 and 5293);
5187 14. Registered nurse specialist (class codes 5294 and
5188 5295);
5189 15. Clinical associate (class codes 5298 and 5299);
5190 16. Advanced registered nurse practitioner (class codes
5191 5297 and 5300);
5192 17. Advanced registered nurse practitioner specialist
5193 (class codes 5304 and 5305);
5194 18. Registered nurse supervisor (class codes 5306 and
5195 5307);
5196 19. Senior registered nurse supervisor (class codes 5308
5197 and 5309);
5198 20. Registered nursing consultant (class codes 5312 and
5199 5313);
5200 21. Quality management program supervisor (class code
5201 5314);
5202 22. Executive nursing director (class codes 5320 and 5321);
5203 23. Speech and hearing therapist (class code 5406); or
5204 24. Pharmacy manager (class code 5251);
5205 (g) Effective July 1, 2001, the member must be employed as
5206 a youth custody officer and be certified, or required to be
5207 certified, in compliance with s. 943.1395. In addition, the
5208 member’s primary duties and responsibilities must be the
5209 supervised custody, surveillance, control, investigation,
5210 apprehension, arrest, and counseling of assigned juveniles
5211 within the community;
5212 (h) Effective October 1, 2005, through June 30, 2008, the
5213 member must be employed by a law enforcement agency or medical
5214 examiner’s office in a forensic discipline recognized by the
5215 International Association for Identification and must qualify
5216 for active membership in the International Association for
5217 Identification. The member’s primary duties and responsibilities
5218 must include the collection, examination, preservation,
5219 documentation, preparation, or analysis of physical evidence or
5220 testimony, or both, or the member must be the direct supervisor,
5221 quality management supervisor, or command officer of one or more
5222 individuals with such responsibility. Administrative support
5223 personnel, including, but not limited to, those whose primary
5224 responsibilities are clerical or in accounting, purchasing,
5225 legal, and personnel, are not included;
5226 (i) Effective July 1, 2008, the member must be employed by
5227 the Department of Law Enforcement in the crime laboratory or by
5228 the Division of State Fire Marshal in the forensic laboratory in
5229 one of the following classes:
5230 1. Forensic technologist (class code 8459);
5231 2. Crime laboratory technician (class code 8461);
5232 3. Crime laboratory analyst (class code 8463);
5233 4. Senior crime laboratory analyst (class code 8464);
5234 5. Crime laboratory analyst supervisor (class code 8466);
5235 6. Forensic chief (class code 9602); or
5236 7. Forensic services quality manager (class code 9603);
5237 (j) Effective July 1, 2008, the member must be employed by
5238 a local government law enforcement agency or medical examiner’s
5239 office and must spend at least 65 percent of his or her time
5240 performing duties that involve the collection, examination,
5241 preservation, documentation, preparation, or analysis of human
5242 tissues or fluids or physical evidence having potential
5243 biological, chemical, or radiological hazard or contamination,
5244 or use chemicals, processes, or materials that may have
5245 carcinogenic or health-damaging properties in the analysis of
5246 such evidence, or the member must be the direct supervisor of
5247 one or more individuals having such responsibility. If a special
5248 risk member changes to another position within the same agency,
5249 he or she must submit a complete application as provided in
5250 paragraph (4)(a); or
5251 (k) The member must have already qualified for and be
5252 actively participating in special risk membership under
5253 paragraph (a), paragraph (b), or paragraph (c), must have
5254 suffered a qualifying injury as defined in this paragraph, must
5255 not be receiving disability retirement benefits as provided in
5256 s. 121.091(4), and must satisfy the requirements of this
5257 paragraph.
5258 1. The ability to qualify for the class of membership
5259 defined in paragraph (2)(i) occurs when two licensed medical
5260 physicians, one of whom is a primary treating physician of the
5261 member, certify the existence of the physical injury and medical
5262 condition that constitute a qualifying injury as defined in this
5263 paragraph and that the member has reached maximum medical
5264 improvement after August 1, 2008. The certifications from the
5265 licensed medical physicians must include, at a minimum, that the
5266 injury to the special risk member has resulted in a physical
5267 loss, or loss of use, of at least two of the following: left
5268 arm, right arm, left leg, or right leg; and:
5269 a. That this physical loss or loss of use is total and
5270 permanent, except if in the event that the loss of use is due to
5271 a physical injury to the member’s brain, in which event the loss
5272 of use is permanent with at least 75 percent loss of motor
5273 function with respect to each arm or leg affected.
5274 b. That this physical loss or loss of use renders the
5275 member physically unable to perform the essential job functions
5276 of his or her special risk position.
5277 c. That, notwithstanding this physical loss or loss of use,
5278 the individual can is able to perform the essential job
5279 functions required by the member’s new position, as provided in
5280 subparagraph 3.
5281 d. That use of artificial limbs is either not possible or
5282 does not alter the member’s ability to perform the essential job
5283 functions of the member’s position.
5284 e. That the physical loss or loss of use is a direct result
5285 of a physical injury and not a result of any mental,
5286 psychological, or emotional injury.
5287 2. For the purposes of this paragraph, “qualifying injury”
5288 means an injury sustained in the line of duty, as certified by
5289 the member’s employing agency, by a special risk member that
5290 does not result in total and permanent disability as defined in
5291 s. 121.091(4)(b). An injury is a qualifying injury if the injury
5292 is a physical injury to the member’s physical body resulting in
5293 a physical loss, or loss of use, of at least two of the
5294 following: left arm, right arm, left leg, or right leg.
5295 Notwithstanding any other provision of this section, an injury
5296 that would otherwise qualify as a qualifying injury is not
5297 considered a qualifying injury if and when the member ceases
5298 employment with the employer for whom he or she was providing
5299 special risk services on the date the injury occurred.
5300 3. The new position, as described in sub-subparagraph 1.c.,
5301 that is required for qualification as a special risk member
5302 under this paragraph is not required to be a position with
5303 essential job functions that entitle an individual to special
5304 risk membership. Whether a new position as described in sub
5305 subparagraph 1.c. exists and is available to the special risk
5306 member is a decision to be made solely by the employer in
5307 accordance with its hiring practices and applicable law.
5308 4. This paragraph does not grant or create additional
5309 rights for any individual to continued employment or to be hired
5310 or rehired by his or her employer that are not already provided
5311 within the Florida Statutes, the State Constitution, the
5312 Americans with Disabilities Act, if applicable, or any other
5313 applicable state or federal law.
5314 (6) CREDIT FOR PAST SERVICE.—A special risk member may
5315 purchase retirement credit in the Special Risk Class based upon
5316 past service, and may upgrade retirement credit for such past
5317 service, to the extent of 2 percent of the member’s average
5318 monthly compensation as specified in s. 121.091(1)(a) for such
5319 service as follows:
5320 (a) The member may purchase special risk credit for past
5321 service with a municipality or special district which has
5322 elected to join the Florida Retirement System, or with a
5323 participating agency to which a member’s governmental unit was
5324 transferred, merged, or consolidated as provided in s.
5325 121.081(1)(f), if the member was employed with the municipality
5326 or special district when at the time it commenced participating
5327 in the Florida Retirement System or with the governmental unit
5328 at the time of its transfer, merger, or consolidation with the
5329 participating agency. The service must satisfy the criteria set
5330 forth in subsection (3) for Special Risk Class membership as a
5331 law enforcement officer, firefighter, or correctional officer;
5332 however, a certificate or waiver of certificate of compliance
5333 with s. 943.1395 or s. 633.408 633.35 is not required for such
5334 service.
5335 Section 123. Paragraph (d) of subsection (1) of section
5336 125.01, Florida Statutes, is amended to read:
5337 125.01 Powers and duties.—
5338 (1) The legislative and governing body of a county shall
5339 have the power to carry on county government. To the extent not
5340 inconsistent with general or special law, this power includes,
5341 but is not restricted to, the power to:
5342 (d) Provide fire protection, including the enforcement of
5343 the Florida Fire Prevention Code, as provided in ss. 633.206
5344 633.022 and 633.208 633.025, and adopt and enforce local
5345 technical amendments to the Florida Fire Prevention Code as
5346 provided in those sections and pursuant to s. 633.202 633.0215.
5347 Section 124. Subsection (2) of section 125.01045, Florida
5348 Statutes, is amended to read:
5349 125.01045 Prohibition of fees for first responder
5350 services.—
5351 (2) As used in this section, the term “first responder”
5352 means a law enforcement officer as defined in s. 943.10, a
5353 firefighter as defined in s. 633.102 633.30, or an emergency
5354 medical technician or paramedic as defined in s. 401.23 who is
5355 employed by the state or a local government. A volunteer law
5356 enforcement officer, firefighter, or emergency medical
5357 technician or paramedic engaged by the state or a local
5358 government is also considered a first responder of the state or
5359 local government for purposes of this section.
5360 Section 125. Subsection (1) of section 125.56, Florida
5361 Statutes, is amended to read:
5362 125.56 Enforcement and amendment of the Florida Building
5363 Code and the Florida Fire Prevention Code; inspection fees;
5364 inspectors; etc.—
5365 (1) The board of county commissioners of each of the
5366 several counties of the state may is authorized to enforce the
5367 Florida Building Code and the Florida Fire Prevention Code, as
5368 provided in ss. 553.80, 633.206 633.022, and 633.208 633.025,
5369 and, at its discretion, to adopt local technical amendments to
5370 the Florida Building Code, pursuant to s. 553.73(4)(b) and (c)
5371 and local technical amendments to the Florida Fire Prevention
5372 Code, pursuant to s. 633.202 633.0215, to provide for the safe
5373 construction, erection, alteration, repair, securing, and
5374 demolition of any building within its territory outside the
5375 corporate limits of any municipality. Upon a determination to
5376 consider amending the Florida Building Code or the Florida Fire
5377 Prevention Code by a majority of the members of the board of
5378 county commissioners of such county, the board shall call a
5379 public hearing and comply with the public notice requirements of
5380 s. 125.66(2). The board shall hear all interested parties at the
5381 public hearing and may then amend the building code or the fire
5382 code consistent with the terms and purposes of this act. Upon
5383 adoption, an amendment to the code shall be in full force and
5384 effect throughout the unincorporated area of such county until
5385 otherwise notified by the Florida Building Commission pursuant
5386 to s. 553.73 or the State Fire Marshal pursuant to s. 633.202
5387 633.0215. Nothing herein contained shall be construed to prevent
5388 the board of county commissioners from repealing such amendment
5389 to the building code or the fire code at any regular meeting of
5390 such board.
5391 Section 126. Subsection (2) of section 166.0446, Florida
5392 Statutes, is amended to read:
5393 166.0446 Prohibition of fees for first responder services.—
5394 (2) As used in this section, the term “first responder”
5395 means a law enforcement officer as defined in s. 943.10, a
5396 firefighter as defined in s. 633.102 633.30, or an emergency
5397 medical technician or paramedic as defined in s. 401.23 who is
5398 employed by the state or a local government. A volunteer law
5399 enforcement officer, firefighter, or emergency medical
5400 technician or paramedic engaged by the state or a local
5401 government is also considered a first responder of the state or
5402 local government for purposes of this section.
5403 Section 127. Paragraph (a) of subsection (8) of section
5404 175.032, Florida Statutes, is amended to read:
5405 175.032 Definitions.—For any municipality, special fire
5406 control district, chapter plan, local law municipality, local
5407 law special fire control district, or local law plan under this
5408 chapter, the following words and phrases have the following
5409 meanings:
5410 (8)(a) “Firefighter” means a any person employed solely by
5411 a constituted fire department of any municipality or special
5412 fire control district who is certified as a firefighter as a
5413 condition of employment in accordance with s. 633.408 633.35 and
5414 whose duty it is to extinguish fires, to protect life, or to
5415 protect property. The term includes all certified, supervisory,
5416 and command personnel whose duties include, in whole or in part,
5417 the supervision, training, guidance, and management
5418 responsibilities of full-time firefighters, part-time
5419 firefighters, or auxiliary firefighters but does not include
5420 part-time firefighters or auxiliary firefighters. However, for
5421 purposes of this chapter only, the term also includes public
5422 safety officers who are responsible for performing both police
5423 and fire services, who are certified as police officers or
5424 firefighters, and who are certified by their employers to the
5425 Chief Financial Officer as participating in this chapter before
5426 October 1, 1979. Effective October 1, 1979, public safety
5427 officers who have not been certified as participating in this
5428 chapter are considered police officers for retirement purposes
5429 and are eligible to participate in chapter 185. Any plan may
5430 provide that the fire chief has an option to participate, or
5431 not, in that plan.
5432 Section 128. Subsection (3) of section 175.121, Florida
5433 Statutes, is amended to read:
5434 175.121 Department of Revenue and Division of Retirement to
5435 keep accounts of deposits; disbursements.—For any municipality
5436 or special fire control district having a chapter or local law
5437 plan established pursuant to this chapter:
5438 (3)(a) All moneys not distributed to municipalities and
5439 special fire control districts under this section as a result of
5440 the limitation on disbursement contained in s. 175.122, or as a
5441 result of any municipality or special fire control district not
5442 having qualified in any given year, or portion thereof, shall be
5443 transferred to the Firefighters’ Supplemental Compensation Trust
5444 Fund administered by the Department of Revenue, as provided in
5445 s. 633.422 633.382.
5446 (b)1. Moneys transferred under paragraph (a) but not needed
5447 to support the supplemental compensation program in a given year
5448 shall be redistributed pro rata to those participating
5449 municipalities and special fire control districts that transfer
5450 any portion of their funds to support the supplemental
5451 compensation program in that year. Such additional moneys shall
5452 be used to cover or offset costs of the retirement plan.
5453 2. To assist the Department of Revenue, the division shall
5454 identify those municipalities and special fire control districts
5455 that are eligible for redistribution as provided in s.
5456 633.422(3)(c)2. 633.382(4)(c)2., by listing the municipalities
5457 and special fire control districts from which funds were
5458 transferred under paragraph (a) and specifying the amount
5459 transferred by each.
5460 Section 129. Paragraph (e) of subsection (1) of section
5461 218.23, Florida Statutes, is amended to read:
5462 218.23 Revenue sharing with units of local government.—
5463 (1) To be eligible to participate in revenue sharing beyond
5464 the minimum entitlement in any fiscal year, a unit of local
5465 government is required to have:
5466 (e) Certified that persons in its employ as firefighters,
5467 as defined in s. 633.102 633.30(1), meet the qualification for
5468 employment as established by the Division of State Fire Marshal
5469 pursuant to the provisions of ss. 633.412 633.34 and 633.408
5470 633.35 and that the provisions of s. 633.422 has 633.382 have
5471 been met.
5472
5473 Additionally, to receive its share of revenue sharing funds, a
5474 unit of local government shall certify to the Department of
5475 Revenue that the requirements of s. 200.065, if applicable, were
5476 met. The certification shall be made annually within 30 days of
5477 adoption of an ordinance or resolution establishing a final
5478 property tax levy or, if no property tax is levied, not later
5479 than November 1. The portion of revenue sharing funds which,
5480 pursuant to this part, would otherwise be distributed to a unit
5481 of local government which has not certified compliance or has
5482 otherwise failed to meet the requirements of s. 200.065 shall be
5483 deposited in the General Revenue Fund for the 12 months
5484 following a determination of noncompliance by the department.
5485 Section 130. Paragraph (a) of subsection (3) of section
5486 252.515, Florida Statutes, is amended to read:
5487 252.515 Postdisaster Relief Assistance Act; immunity from
5488 civil liability.—
5489 (3) As used in this section, the term:
5490 (a) “Emergency first responder” means:
5491 1. A physician licensed under chapter 458.
5492 2. An osteopathic physician licensed under chapter 459.
5493 3. A chiropractic physician licensed under chapter 460.
5494 4. A podiatric physician licensed under chapter 461.
5495 5. A dentist licensed under chapter 466.
5496 6. An advanced registered nurse practitioner certified
5497 under s. 464.012.
5498 7. A physician assistant licensed under s. 458.347 or s.
5499 459.022.
5500 8. A worker employed by a public or private hospital in the
5501 state.
5502 9. A paramedic as defined in s. 401.23(17).
5503 10. An emergency medical technician as defined in s.
5504 401.23(11).
5505 11. A firefighter as defined in s. 633.102 633.30.
5506 12. A law enforcement officer as defined in s. 943.10.
5507 13. A member of the Florida National Guard.
5508 14. Any other personnel designated as emergency personnel
5509 by the Governor pursuant to a declared emergency.
5510 Section 131. Section 255.45, Florida Statutes, is amended
5511 to read:
5512 255.45 Correction of firesafety violations in certain
5513 state-owned property.—The Department of Management Services is
5514 responsible for ensuring that firesafety violations that are
5515 noted by the State Fire Marshal pursuant to s. 633.218 633.085
5516 are corrected as soon as practicable for all state-owned
5517 property which is leased from the Department of Management
5518 Services.
5519 Section 132. Subsection (4) of section 258.0145, Florida
5520 Statutes, is amended to read:
5521 258.0145 Military state park fee discounts.—The Division of
5522 Recreation and Parks shall provide the following discounts on
5523 park fees to persons who present written documentation
5524 satisfactory to the division which evidences their eligibility
5525 for the discounts:
5526 (4) The surviving spouse and parents of a law enforcement
5527 officer, as defined in s. 943.10(1), or a firefighter, as
5528 defined in s. 633.102 633.30(1), who has died in the line of
5529 duty shall receive lifetime family annual entrance passes at no
5530 charge.
5531 Section 133. Subsection (1) of section 281.02, Florida
5532 Statutes, is amended to read:
5533 281.02 Powers and duties of the Department of Management
5534 Services with respect to firesafety and security.—The Department
5535 of Management Services has the following powers and duties with
5536 respect to firesafety and security:
5537 (1) To assist the State Fire Marshal in maintaining the
5538 firesafety of public buildings pursuant to s. 633.218 633.085.
5539 Section 134. Subsection (1) of section 384.287, Florida
5540 Statutes, is amended to read:
5541 384.287 Screening for sexually transmissible disease.—
5542 (1) An officer as defined in s. 943.10(14); support
5543 personnel as defined in s. 943.10(11) who are employed by the
5544 Department of Law Enforcement, including, but not limited to,
5545 any crime scene analyst, forensic technologist, or crime lab
5546 analyst; firefighter as defined in s. 633.102 633.30; or
5547 ambulance driver, paramedic, or emergency medical technician as
5548 defined in s. 401.23, acting within the scope of employment, who
5549 comes into contact with a person in such a way that significant
5550 exposure, as defined in s. 381.004, has occurred may request
5551 that the person be screened for a sexually transmissible disease
5552 that can be transmitted through a significant exposure.
5553 Section 135. Paragraph (a) of subsection (1) of section
5554 395.0163, Florida Statutes, is amended to read:
5555 395.0163 Construction inspections; plan submission and
5556 approval; fees.—
5557 (1)(a) The design, construction, erection, alteration,
5558 modification, repair, and demolition of all public and private
5559 health care facilities are governed by the Florida Building Code
5560 and the Florida Fire Prevention Code under ss. 553.73 and
5561 633.206 633.022. In addition to the requirements of ss. 553.79
5562 and 553.80, the agency shall review facility plans and survey
5563 the construction of any facility licensed under this chapter.
5564 The agency shall make, or cause to be made, such construction
5565 inspections and investigations as it deems necessary. The agency
5566 may prescribe by rule that any licensee or applicant desiring to
5567 make specified types of alterations or additions to its
5568 facilities or to construct new facilities shall, before
5569 commencing such alteration, addition, or new construction,
5570 submit plans and specifications therefor to the agency for
5571 preliminary inspection and approval or recommendation with
5572 respect to compliance with applicable provisions of the Florida
5573 Building Code or agency rules and standards. The agency shall
5574 approve or disapprove the plans and specifications within 60
5575 days after receipt of the fee for review of plans as required in
5576 subsection (2). The agency may be granted one 15-day extension
5577 for the review period if the director of the agency approves the
5578 extension. If the agency fails to act within the specified time,
5579 it shall be deemed to have approved the plans and
5580 specifications. When the agency disapproves plans and
5581 specifications, it shall set forth in writing the reasons for
5582 its disapproval. Conferences and consultations may be provided
5583 as necessary.
5584 Section 136. Section 400.232, Florida Statutes, is amended
5585 to read:
5586 400.232 Review and approval of plans; fees and costs.—The
5587 design, construction, erection, alteration, modification,
5588 repair, and demolition of all public and private health care
5589 facilities are governed by the Florida Building Code and the
5590 Florida Fire Prevention Code under ss. 553.73 and 633.206
5591 633.022. In addition to the requirements of ss. 553.79 and
5592 553.80, the agency shall review the facility plans and survey
5593 the construction of facilities licensed under this chapter.
5594 (1) The agency shall approve or disapprove the plans and
5595 specifications within 60 days after receipt of the final plans
5596 and specifications. The agency may be granted one 15-day
5597 extension for the review period, if the director of the agency
5598 so approves. If the agency fails to act within the specified
5599 time, it shall be deemed to have approved the plans and
5600 specifications. When the agency disapproves plans and
5601 specifications, it shall set forth in writing the reasons for
5602 disapproval. Conferences and consultations may be provided as
5603 necessary.
5604 (2) The agency may is authorized to charge an initial fee
5605 of $2,000 for review of plans and construction on all projects,
5606 no part of which is refundable. The agency may also collect a
5607 fee, not to exceed 1 percent of the estimated construction cost
5608 or the actual cost of review, whichever is less, for the portion
5609 of the review which encompasses initial review through the
5610 initial revised construction document review. The agency is
5611 further authorized to collect its actual costs on all subsequent
5612 portions of the review and construction inspections. Initial fee
5613 payment shall accompany the initial submission of plans and
5614 specifications. Any subsequent payment that is due is payable
5615 upon receipt of the invoice from the agency. Notwithstanding any
5616 other provisions of law to the contrary, all money received by
5617 the agency pursuant to the provisions of this section shall be
5618 deemed to be trust funds, to be held and applied solely for the
5619 operations required under this section.
5620 Section 137. Section 400.915, Florida Statutes, is amended
5621 to read:
5622 400.915 Construction and renovation; requirements.—The
5623 requirements for the construction or renovation of a PPEC center
5624 shall comply with:
5625 (1) The provisions of chapter 553, which pertain to
5626 building construction standards, including plumbing, electrical
5627 code, glass, manufactured buildings, accessibility for the
5628 physically disabled;
5629 (2) Section 633.206 The provisions of s. 633.022 and
5630 applicable rules pertaining to physical standards for
5631 nonresidential child care facilities; and
5632 (3) The standards or rules adopted pursuant to this part
5633 and part II of chapter 408.
5634 Section 138. Paragraph (a) of subsection (1) of section
5635 429.41, Florida Statutes, is amended to read:
5636 429.41 Rules establishing standards.—
5637 (1) It is the intent of the Legislature that rules
5638 published and enforced pursuant to this section shall include
5639 criteria by which a reasonable and consistent quality of
5640 resident care and quality of life may be ensured and the results
5641 of such resident care may be demonstrated. Such rules shall also
5642 ensure a safe and sanitary environment that is residential and
5643 noninstitutional in design or nature. It is further intended
5644 that reasonable efforts be made to accommodate the needs and
5645 preferences of residents to enhance the quality of life in a
5646 facility. The agency, in consultation with the department, may
5647 adopt rules to administer the requirements of part II of chapter
5648 408. In order to provide safe and sanitary facilities and the
5649 highest quality of resident care accommodating the needs and
5650 preferences of residents, the department, in consultation with
5651 the agency, the Department of Children and Family Services, and
5652 the Department of Health, shall adopt rules, policies, and
5653 procedures to administer this part, which must include
5654 reasonable and fair minimum standards in relation to:
5655 (a) The requirements for and maintenance of facilities, not
5656 in conflict with the provisions of chapter 553, relating to
5657 plumbing, heating, cooling, lighting, ventilation, living space,
5658 and other housing conditions, which will ensure the health,
5659 safety, and comfort of residents and protection from fire
5660 hazard, including adequate provisions for fire alarm and other
5661 fire protection suitable to the size of the structure. Uniform
5662 firesafety standards shall be established and enforced by the
5663 State Fire Marshal in cooperation with the agency, the
5664 department, and the Department of Health.
5665 1. Evacuation capability determination.—
5666 a. The provisions of the National Fire Protection
5667 Association, NFPA 101A, Chapter 5, 1995 edition, shall be used
5668 for determining the ability of the residents, with or without
5669 staff assistance, to relocate from or within a licensed facility
5670 to a point of safety as provided in the fire codes adopted
5671 herein. An evacuation capability evaluation for initial
5672 licensure shall be conducted within 6 months after the date of
5673 licensure. For existing licensed facilities that are not
5674 equipped with an automatic fire sprinkler system, the
5675 administrator shall evaluate the evacuation capability of
5676 residents at least annually. The evacuation capability
5677 evaluation for each facility not equipped with an automatic fire
5678 sprinkler system shall be validated, without liability, by the
5679 State Fire Marshal, by the local fire marshal, or by the local
5680 authority having jurisdiction over firesafety, before the
5681 license renewal date. If the State Fire Marshal, local fire
5682 marshal, or local authority having jurisdiction over firesafety
5683 has reason to believe that the evacuation capability of a
5684 facility as reported by the administrator may have changed, it
5685 may, with assistance from the facility administrator, reevaluate
5686 the evacuation capability through timed exiting drills.
5687 Translation of timed fire exiting drills to evacuation
5688 capability may be determined:
5689 (I) Three minutes or less: prompt.
5690 (II) More than 3 minutes, but not more than 13 minutes:
5691 slow.
5692 (III) More than 13 minutes: impractical.
5693 b. The Office of the State Fire Marshal shall provide or
5694 cause the provision of training and education on the proper
5695 application of Chapter 5, NFPA 101A, 1995 edition, to its
5696 employees, to staff of the Agency for Health Care Administration
5697 who are responsible for regulating facilities under this part,
5698 and to local governmental inspectors. The Office of the State
5699 Fire Marshal shall provide or cause the provision of this
5700 training within its existing budget, but may charge a fee for
5701 this training to offset its costs. The initial training must be
5702 delivered within 6 months after July 1, 1995, and as needed
5703 thereafter.
5704 c. The Office of the State Fire Marshal, in cooperation
5705 with provider associations, shall provide or cause the provision
5706 of a training program designed to inform facility operators on
5707 how to properly review bid documents relating to the
5708 installation of automatic fire sprinklers. The Office of the
5709 State Fire Marshal shall provide or cause the provision of this
5710 training within its existing budget, but may charge a fee for
5711 this training to offset its costs. The initial training must be
5712 delivered within 6 months after July 1, 1995, and as needed
5713 thereafter.
5714 d. The administrator of a licensed facility shall sign an
5715 affidavit verifying the number of residents occupying the
5716 facility at the time of the evacuation capability evaluation.
5717 2. Firesafety requirements.—
5718 a. Except for the special applications provided herein,
5719 effective January 1, 1996, the provisions of the National Fire
5720 Protection Association, Life Safety Code, NFPA 101, 1994
5721 edition, Chapter 22 for new facilities and Chapter 23 for
5722 existing facilities shall be the uniform fire code applied by
5723 the State Fire Marshal for assisted living facilities, pursuant
5724 to s. 633.206 633.022.
5725 b. Any new facility, regardless of size, that applies for a
5726 license on or after January 1, 1996, must be equipped with an
5727 automatic fire sprinkler system. The exceptions as provided in
5728 s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply
5729 to any new facility housing eight or fewer residents. On July 1,
5730 1995, local governmental entities responsible for the issuance
5731 of permits for construction shall inform, without liability, any
5732 facility whose permit for construction is obtained before prior
5733 to January 1, 1996, of this automatic fire sprinkler
5734 requirement. As used in this part, the term “a new facility”
5735 does not mean an existing facility that has undergone change of
5736 ownership.
5737 c. Notwithstanding any provision of s. 633.206 633.022 or
5738 of the National Fire Protection Association, NFPA 101A, Chapter
5739 5, 1995 edition, to the contrary, any existing facility housing
5740 eight or fewer residents is not required to install an automatic
5741 fire sprinkler system, nor to comply with any other requirement
5742 in Chapter 23, NFPA 101, 1994 edition, that exceeds the
5743 firesafety requirements of NFPA 101, 1988 edition, that applies
5744 to this size facility, unless the facility has been classified
5745 as impractical to evacuate. Any existing facility housing eight
5746 or fewer residents that is classified as impractical to evacuate
5747 must install an automatic fire sprinkler system within the
5748 timeframes granted in this section.
5749 d. Any existing facility that is required to install an
5750 automatic fire sprinkler system under this paragraph need not
5751 meet other firesafety requirements of Chapter 23, NFPA 101, 1994
5752 edition, which exceed the provisions of NFPA 101, 1988 edition.
5753 The mandate contained in this paragraph which requires certain
5754 facilities to install an automatic fire sprinkler system
5755 supersedes any other requirement.
5756 e. This paragraph does not supersede the exceptions granted
5757 in NFPA 101, 1988 edition or 1994 edition.
5758 f. This paragraph does not exempt facilities from other
5759 firesafety provisions adopted under s. 633.206 633.022 and local
5760 building code requirements in effect before July 1, 1995.
5761 g. A local government may charge fees only in an amount not
5762 to exceed the actual expenses incurred by local government
5763 relating to the installation and maintenance of an automatic
5764 fire sprinkler system in an existing and properly licensed
5765 assisted living facility structure as of January 1, 1996.
5766 h. If a licensed facility undergoes major reconstruction or
5767 addition to an existing building on or after January 1, 1996,
5768 the entire building must be equipped with an automatic fire
5769 sprinkler system. Major reconstruction of a building means
5770 repair or restoration that costs in excess of 50 percent of the
5771 value of the building as reported on the tax rolls, excluding
5772 land, before reconstruction. Multiple reconstruction projects
5773 within a 5-year period the total costs of which exceed 50
5774 percent of the initial value of the building when at the time
5775 the first reconstruction project was permitted are to be
5776 considered as major reconstruction. Application for a permit for
5777 an automatic fire sprinkler system is required upon application
5778 for a permit for a reconstruction project that creates costs
5779 that go over the 50-percent threshold.
5780 i. Any facility licensed before January 1, 1996, that is
5781 required to install an automatic fire sprinkler system shall
5782 ensure that the installation is completed within the following
5783 timeframes based upon evacuation capability of the facility as
5784 determined under subparagraph 1.:
5785 (I) Impractical evacuation capability, 24 months.
5786 (II) Slow evacuation capability, 48 months.
5787 (III) Prompt evacuation capability, 60 months.
5788
5789 The beginning date from which the deadline for the automatic
5790 fire sprinkler installation requirement must be calculated is
5791 upon receipt of written notice from the local fire official that
5792 an automatic fire sprinkler system must be installed. The local
5793 fire official shall send a copy of the document indicating the
5794 requirement of a fire sprinkler system to the Agency for Health
5795 Care Administration.
5796 j. It is recognized that the installation of an automatic
5797 fire sprinkler system may create financial hardship for some
5798 facilities. The appropriate local fire official shall, without
5799 liability, grant two 1-year extensions to the timeframes for
5800 installation established herein, if an automatic fire sprinkler
5801 installation cost estimate and proof of denial from two
5802 financial institutions for a construction loan to install the
5803 automatic fire sprinkler system are submitted. However, for any
5804 facility with a class I or class II, or a history of uncorrected
5805 class III, firesafety deficiencies, an extension must not be
5806 granted. The local fire official shall send a copy of the
5807 document granting the time extension to the Agency for Health
5808 Care Administration.
5809 k. A facility owner whose facility is required to be
5810 equipped with an automatic fire sprinkler system under Chapter
5811 23, NFPA 101, 1994 edition, as adopted herein, must disclose to
5812 any potential buyer of the facility that an installation of an
5813 automatic fire sprinkler requirement exists. The sale of the
5814 facility does not alter the timeframe for the installation of
5815 the automatic fire sprinkler system.
5816 l. Existing facilities required to install an automatic
5817 fire sprinkler system as a result of construction-type
5818 restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
5819 herein, or evacuation capability requirements shall be notified
5820 by the local fire official in writing of the automatic fire
5821 sprinkler requirement, as well as the appropriate date for final
5822 compliance as provided in this subparagraph. The local fire
5823 official shall send a copy of the document to the Agency for
5824 Health Care Administration.
5825 m. Except in cases of life-threatening fire hazards, if an
5826 existing facility experiences a change in the evacuation
5827 capability, or if the local authority having jurisdiction
5828 identifies a construction-type restriction, such that an
5829 automatic fire sprinkler system is required, it shall be given
5830 afforded time for installation as provided in this subparagraph.
5831
5832 Facilities that are fully sprinkled and in compliance with other
5833 firesafety standards are not required to conduct more than one
5834 of the required fire drills between the hours of 11 p.m. and 7
5835 a.m., per year. In lieu of the remaining drills, staff
5836 responsible for residents during such hours may be required to
5837 participate in a mock drill that includes a review of evacuation
5838 procedures. Such standards must be included or referenced in the
5839 rules adopted by the State Fire Marshal. Pursuant to s.
5840 633.206(1)(b) 633.022(1)(b), the State Fire Marshal is the final
5841 administrative authority for firesafety standards established
5842 and enforced pursuant to this section. All licensed facilities
5843 must have an annual fire inspection conducted by the local fire
5844 marshal or authority having jurisdiction.
5845 3. Resident elopement requirements.—Facilities are required
5846 to conduct a minimum of two resident elopement prevention and
5847 response drills per year. All administrators and direct care
5848 staff must participate in the drills which shall include a
5849 review of procedures to address resident elopement. Facilities
5850 must document the implementation of the drills and ensure that
5851 the drills are conducted in a manner consistent with the
5852 facility’s resident elopement policies and procedures.
5853 Section 139. Subsection (1) of section 429.44, Florida
5854 Statutes, is amended to read:
5855 429.44 Construction and renovation; requirements.—
5856 (1) The requirements for the construction and renovation of
5857 a facility shall comply with the provisions of chapter 553 which
5858 pertains pertain to building construction standards, including
5859 plumbing, electrical code, glass, manufactured buildings,
5860 accessibility for persons with disabilities, and the state
5861 minimum building code and with the provisions of s. 633.206
5862 633.022, which pertains pertain to uniform firesafety standards.
5863 Section 140. Subsection (2) of section 429.73, Florida
5864 Statutes, is amended to read:
5865 429.73 Rules and standards relating to adult family-care
5866 homes.—
5867 (2) The department shall by rule provide minimum standards
5868 and procedures for emergencies. Pursuant to s. 633.206 633.022,
5869 the State Fire Marshal, in consultation with the department and
5870 the agency, shall adopt uniform firesafety standards for adult
5871 family-care homes.
5872 Section 141. Subsection (4) of section 447.203, Florida
5873 Statutes, is amended to read:
5874 447.203 Definitions.—As used in this part:
5875 (4) “Managerial employees” are those employees who:
5876 (a) Perform jobs that are not of a routine, clerical, or
5877 ministerial nature and require the exercise of independent
5878 judgment in the performance of such jobs and to whom one or more
5879 of the following applies:
5880 1. They formulate or assist in formulating policies which
5881 are applicable to bargaining unit employees.
5882 2. They may reasonably be required on behalf of the
5883 employer to assist in the preparation for the conduct of
5884 collective bargaining negotiations.
5885 3. They have a role in the administration of agreements
5886 resulting from collective bargaining negotiations.
5887 4. They have a significant role in personnel
5888 administration.
5889 5. They have a significant role in employee relations.
5890 6. They are included in the definition of administrative
5891 personnel contained in s. 1012.01(3).
5892 7. They have a significant role in the preparation or
5893 administration of budgets for any public agency or institution
5894 or subdivision thereof.
5895 (b) Serve as police chiefs, fire chiefs, or directors of
5896 public safety of any police, fire, or public safety department.
5897 Other police officers, as defined in s. 943.10(1), and
5898 firefighters, as defined in s. 633.102 633.30(1), may be
5899 determined by the commission to be managerial employees of such
5900 departments. In making such determinations, the commission shall
5901 consider, in addition to the criteria established in paragraph
5902 (a), the paramilitary organizational structure of the department
5903 involved.
5904
5905 However, in determining whether an individual is a managerial
5906 employee pursuant to either paragraph (a) or paragraph (b),
5907 above, the commission may consider historic relationships of the
5908 employee to the public employer and to coemployees.
5909 Section 142. Subsection (1) of section 468.602, Florida
5910 Statutes, is amended to read:
5911 468.602 Exemptions.—This part does not apply to:
5912 (1) Persons who possess a valid certificate, issued
5913 pursuant to s. 633.216 633.081, for conducting firesafety
5914 inspections, when conducting firesafety inspections.
5915 Section 143. Paragraph (c) of subsection (2) of section
5916 468.609, Florida Statutes, is amended to read:
5917 468.609 Administration of this part; standards for
5918 certification; additional categories of certification.—
5919 (2) A person may take the examination for certification as
5920 a building code inspector or plans examiner pursuant to this
5921 part if the person:
5922 (c) Meets eligibility requirements according to one of the
5923 following criteria:
5924 1. Demonstrates 5 years’ combined experience in the field
5925 of construction or a related field, building code inspection, or
5926 plans review corresponding to the certification category sought;
5927 2. Demonstrates a combination of postsecondary education in
5928 the field of construction or a related field and experience
5929 which totals 4 years, with at least 1 year of such total being
5930 experience in construction, building code inspection, or plans
5931 review;
5932 3. Demonstrates a combination of technical education in the
5933 field of construction or a related field and experience which
5934 totals 4 years, with at least 1 year of such total being
5935 experience in construction, building code inspection, or plans
5936 review;
5937 4. Currently holds a standard certificate as issued by the
5938 board, or a fire safety inspector license issued pursuant to
5939 chapter 633, has a minimum of 5 years’ verifiable full-time
5940 experience in inspection or plan review, and satisfactorily
5941 completes a building code inspector or plans examiner training
5942 program of not less than 200 hours in the certification category
5943 sought. The board shall establish by rule criteria for the
5944 development and implementation of the training programs; or
5945 5. Demonstrates a combination of the completion of an
5946 approved training program in the field of building code
5947 inspection or plan review and a minimum of 2 years’ experience
5948 in the field of building code inspection, plan review, fire code
5949 inspections and fire plans review of new buildings as a
5950 firesafety inspector certified under s. 633.216 633.081(2), or
5951 construction. The approved training portion of this requirement
5952 shall include proof of satisfactory completion of a training
5953 program of not less than 300 hours which is approved by the
5954 board in the chosen category of building code inspection or plan
5955 review in the certification category sought with not less than
5956 20 hours of instruction in state laws, rules, and ethics
5957 relating to professional standards of practice, duties, and
5958 responsibilities of a certificateholder. The board shall
5959 coordinate with the Building Officials Association of Florida,
5960 Inc., to establish by rule the development and implementation of
5961 the training program.
5962 Section 144. Subsection (22) of section 489.103, Florida
5963 Statutes, is amended to read:
5964 489.103 Exemptions.—This part does not apply to:
5965 (22) A person licensed pursuant to s. 633.304(1)(d)
5966 633.061(1)(d) or (3)(b) performing work authorized by such
5967 license.
5968 Section 145. Paragraph (n) of subsection (3) of section
5969 489.105, Florida Statutes, is amended to read:
5970 489.105 Definitions.—As used in this part:
5971 (3) “Contractor” means the person who is qualified for, and
5972 is only responsible for, the project contracted for and means,
5973 except as exempted in this part, the person who, for
5974 compensation, undertakes to, submits a bid to, or does himself
5975 or herself or by others construct, repair, alter, remodel, add
5976 to, demolish, subtract from, or improve any building or
5977 structure, including related improvements to real estate, for
5978 others or for resale to others; and whose job scope is
5979 substantially similar to the job scope described in one of the
5980 paragraphs of this subsection. For the purposes of regulation
5981 under this part, the term “demolish” applies only to demolition
5982 of steel tanks more than 50 feet in height; towers more than 50
5983 feet in height; other structures more than 50 feet in height;
5984 and all buildings or residences. Contractors are subdivided into
5985 two divisions, Division I, consisting of those contractors
5986 defined in paragraphs (a)-(c), and Division II, consisting of
5987 those contractors defined in paragraphs (d)-(q):
5988 (n) “Underground utility and excavation contractor” means a
5989 contractor whose services are limited to the construction,
5990 installation, and repair, on public or private property, whether
5991 accomplished through open excavations or through other means,
5992 including, but not limited to, directional drilling, auger
5993 boring, jacking and boring, trenchless technologies, wet and dry
5994 taps, grouting, and slip lining, of main sanitary sewer
5995 collection systems, main water distribution systems, storm sewer
5996 collection systems, and the continuation of utility lines from
5997 the main systems to a point of termination up to and including
5998 the meter location for the individual occupancy, sewer
5999 collection systems at property line on residential or single
6000 occupancy commercial properties, or on multioccupancy properties
6001 at manhole or wye lateral extended to an invert elevation as
6002 engineered to accommodate future building sewers, water
6003 distribution systems, or storm sewer collection systems at storm
6004 sewer structures. However, an underground utility and excavation
6005 contractor may install empty underground conduits in rights-of
6006 way, easements, platted rights-of-way in new site development,
6007 and sleeves for parking lot crossings no smaller than 2 inches
6008 in diameter if each conduit system installed is designed by a
6009 licensed professional engineer or an authorized employee of a
6010 municipality, county, or public utility and the installation of
6011 such conduit does not include installation of any conductor
6012 wiring or connection to an energized electrical system. An
6013 underground utility and excavation contractor may not install
6014 piping that is an integral part of a fire protection system as
6015 defined in s. 633.102 633.021 beginning at the point where the
6016 piping is used exclusively for such system.
6017 Section 146. Subsection (9) of section 496.404, Florida
6018 Statutes, is amended to read:
6019 496.404 Definitions.—As used in ss. 496.401-496.424:
6020 (9) “Emergency service employee” means any employee who is
6021 a firefighter, as defined in s. 633.102 633.30, or ambulance
6022 driver, emergency medical technician, or paramedic, as defined
6023 in s. 401.23.
6024 Section 147. Paragraph (a) of subsection (7) of section
6025 509.032, Florida Statutes, is amended to read:
6026 509.032 Duties.—
6027 (7) PREEMPTION AUTHORITY.—
6028 (a) The regulation of public lodging establishments and
6029 public food service establishments, including, but not limited
6030 to, sanitation standards, inspections, training and testing of
6031 personnel, and matters related to the nutritional content and
6032 marketing of foods offered in such establishments, is preempted
6033 to the state. This paragraph does not preempt the authority of a
6034 local government or local enforcement district to conduct
6035 inspections of public lodging and public food service
6036 establishments for compliance with the Florida Building Code and
6037 the Florida Fire Prevention Code, pursuant to ss. 553.80 and
6038 633.206 633.022.
6039 Section 148. Section 513.05, Florida Statutes, is amended
6040 to read:
6041 513.05 Rules.—The department may adopt rules pertaining to
6042 the location, construction, modification, equipment, and
6043 operation of mobile home parks, lodging parks, recreational
6044 vehicle parks, and recreational camps, except as provided in s.
6045 633.206 633.022, as necessary to administer this chapter. Such
6046 rules may include definitions of terms; requirements for plan
6047 reviews of proposed and existing parks and camps; plan reviews
6048 of parks that consolidate space or change space size; water
6049 supply; sewage collection and disposal; plumbing and backflow
6050 prevention; garbage and refuse storage, collection, and
6051 disposal; insect and rodent control; space requirements; heating
6052 facilities; food service; lighting; sanitary facilities;
6053 bedding; an occupancy equivalency to spaces for permits for
6054 recreational camps; sanitary facilities in recreational vehicle
6055 parks; and the owners’ responsibilities at recreational vehicle
6056 parks and recreational camps.
6057 Section 149. Paragraph (d) of subsection (1) and paragraph
6058 (f) of subsection (11) of section 553.73, Florida Statutes, are
6059 amended to read:
6060 553.73 Florida Building Code.—
6061 (1)
6062 (d) Conflicting requirements between the Florida Building
6063 Code and the Florida Fire Prevention Code and Life Safety Code
6064 of the state established pursuant to ss. 633.206 633.022 and
6065 633.208 633.025 shall be resolved by agreement between the
6066 commission and the State Fire Marshal in favor of the
6067 requirement that offers the greatest degree of lifesafety or
6068 alternatives that would provide an equivalent degree of
6069 lifesafety and an equivalent method of construction. If the
6070 commission and State Fire Marshal are unable to agree on a
6071 resolution, the question shall be referred to a mediator,
6072 mutually agreeable to both parties, to resolve the conflict in
6073 favor of the provision that offers the greatest lifesafety, or
6074 alternatives that would provide an equivalent degree of
6075 lifesafety and an equivalent method of construction.
6076 (11)
6077 (f) All decisions of the local building official and local
6078 fire official and all decisions of the administrative board
6079 shall be in writing and shall be binding upon a person all
6080 persons but do shall not limit the authority of the State Fire
6081 Marshal or the Florida Building Commission pursuant to paragraph
6082 (1)(d) and ss. 633.104 633.01 and 633.228 633.161. Decisions of
6083 general application shall be indexed by building and fire code
6084 sections and shall be available for inspection during normal
6085 business hours.
6086 Section 150. Paragraph (e) of subsection (1) of section
6087 553.77, Florida Statutes, is amended to read:
6088 553.77 Specific powers of the commission.—
6089 (1) The commission shall:
6090 (e) Participate with the Florida Fire Code Advisory Council
6091 created under s. 633.204 633.72, to provide assistance and
6092 recommendations relating to firesafety code interpretations. The
6093 administrative staff of the commission shall attend meetings of
6094 the Florida Fire Code Advisory Council and coordinate efforts to
6095 provide consistency between the Florida Building Code and the
6096 Florida Fire Prevention Code and the Life Safety Code.
6097 Section 151. Subsections (2) and (12) of section 553.79,
6098 Florida Statutes, are amended to read:
6099 553.79 Permits; applications; issuance; inspections.—
6100 (2) Except as provided in subsection (6), an enforcing
6101 agency may not issue any permit for construction, erection,
6102 alteration, modification, repair, or demolition of any building
6103 or structure until the local building code administrator or
6104 inspector has reviewed the plans and specifications required by
6105 the Florida Building Code, or local amendment thereto, for such
6106 proposal and found the plans to be in compliance with the
6107 Florida Building Code. If the local building code administrator
6108 or inspector finds that the plans are not in compliance with the
6109 Florida Building Code, the local building code administrator or
6110 inspector shall identify the specific plan features that do not
6111 comply with the applicable codes, identify the specific code
6112 chapters and sections upon which the finding is based, and
6113 provide this information to the local enforcing agency. The
6114 local enforcing agency shall provide this information to the
6115 permit applicant. In addition, an enforcing agency may not issue
6116 any permit for construction, erection, alteration, modification,
6117 repair, or demolition of any building until the appropriate
6118 firesafety inspector certified pursuant to s. 633.216 633.081
6119 has reviewed the plans and specifications required by the
6120 Florida Building Code, or local amendment thereto, for such
6121 proposal and found that the plans comply with the Florida Fire
6122 Prevention Code and the Life Safety Code. Any building or
6123 structure which is not subject to a firesafety code shall not be
6124 required to have its plans reviewed by the firesafety inspector.
6125 Any building or structure that is exempt from the local building
6126 permit process may not be required to have its plans reviewed by
6127 the local building code administrator. Industrial construction
6128 on sites where design, construction, and firesafety are
6129 supervised by appropriate design and inspection professionals
6130 and which contain adequate in-house fire departments and rescue
6131 squads is exempt, subject to local government option, from
6132 review of plans and inspections, providing owners certify that
6133 applicable codes and standards have been met and supply
6134 appropriate approved drawings to local building and firesafety
6135 inspectors. The enforcing agency shall issue a permit to
6136 construct, erect, alter, modify, repair, or demolish any
6137 building or structure when the plans and specifications for such
6138 proposal comply with the provisions of the Florida Building Code
6139 and the Florida Fire Prevention Code and the Life Safety Code as
6140 determined by the local authority in accordance with this
6141 chapter and chapter 633.
6142 (12) One-family and two-family detached residential
6143 dwelling units are not subject to plan review by the local fire
6144 official as described in this section or inspection by the local
6145 fire official as described in s. 633.216 633.081, unless
6146 expressly made subject to the said plan review or inspection by
6147 local ordinance.
6148 Section 152. Paragraph (d) of subsection (1) of section
6149 590.02, Florida Statutes, is amended to read:
6150 590.02 Florida Forest Service; powers, authority, and
6151 duties; liability; building structures; Florida Center for
6152 Wildfire and Forest Resources Management Training.—
6153 (1) The Florida Forest Service has the following powers,
6154 authority, and duties:
6155 (d) To appoint center managers, forest area supervisors,
6156 forestry program administrators, a forest protection bureau
6157 chief, a forest protection assistant bureau chief, a field
6158 operations bureau chief, deputy chiefs of field operations,
6159 district managers, forest operations administrators, senior
6160 forest rangers, investigators, forest rangers, firefighter
6161 rotorcraft pilots, and other employees who may, at the Florida
6162 Forest Service’s discretion, be certified as forestry
6163 firefighters pursuant to s. 633.408(8) 633.35(4). Other
6164 provisions of law notwithstanding, center managers, district
6165 managers, forest protection assistant bureau chief, and deputy
6166 chiefs of field operations shall have Selected Exempt Service
6167 status in the state personnel designation;
6168 Section 153. Section 627.4107, Florida Statutes, is amended
6169 to read:
6170 627.4107 Government employees exposed to toxic drug
6171 chemicals; cancellation of life or health policy or certificate
6172 prohibited.—No life or health insurer may cancel or nonrenew a
6173 life or health insurance policy or certificate of insurance
6174 providing coverage to a state or local law enforcement officer
6175 as defined in s. 943.10, firefighter as defined in s. 633.102
6176 633.30, emergency medical technician as defined in s. 401.23, or
6177 paramedic as defined in s. 401.23, a volunteer firefighter as
6178 defined in 633.102 engaged by state or local government, a law
6179 enforcement officer employed by the Federal Government, or any
6180 other local, state, or Federal Government employee solely based
6181 on the fact that the individual has been exposed to toxic
6182 chemicals or suffered injury or disease as a result of the
6183 individual’s lawful duties arising out of the commission of a
6184 violation of chapter 893 by another person. This section does
6185 not apply to a any person who commits an offense under chapter
6186 893. This section does not prohibit an insurer from canceling or
6187 nonrenewing an insurance policy or certificate, as permitted
6188 under the applicable state insurance code, based on an act or
6189 practice of the policyholder or certificateholder that
6190 constitutes fraud or intentional misrepresentation of material
6191 fact by the policyholder or certificateholder.
6192 Section 154. Subsection (10) of section 893.13, Florida
6193 Statutes, is amended to read:
6194 893.13 Prohibited acts; penalties.—
6195 (10) If a person violates any provision of this chapter and
6196 the violation results in a serious injury to a state or local
6197 law enforcement officer as defined in s. 943.10, firefighter as
6198 defined in s. 633.102 633.30, emergency medical technician as
6199 defined in s. 401.23, paramedic as defined in s. 401.23,
6200 employee of a public utility or an electric utility as defined
6201 in s. 366.02, animal control officer as defined in s. 828.27,
6202 volunteer firefighter engaged by state or local government, law
6203 enforcement officer employed by the Federal Government, or any
6204 other local, state, or Federal Government employee injured
6205 during the course and scope of his or her employment, the person
6206 commits a felony of the third degree, punishable as provided in
6207 s. 775.082, s. 775.083, or s. 775.084. If the injury sustained
6208 results in death or great bodily harm, the person commits a
6209 felony of the second degree, punishable as provided in s.
6210 775.082, s. 775.083, or s. 775.084.
6211 Section 155. Paragraph (g) of subsection (2) of section
6212 934.03, Florida Statutes, is amended to read:
6213 934.03 Interception and disclosure of wire, oral, or
6214 electronic communications prohibited.—
6215 (2)
6216 (g) It is lawful under ss. 934.03-934.09 for an employee
6217 of:
6218 1. An ambulance service licensed pursuant to s. 401.25, a
6219 fire station employing firefighters as defined by s. 633.102
6220 633.30, a public utility, a law enforcement agency as defined by
6221 s. 934.02(10), or any other entity with published emergency
6222 telephone numbers;
6223 2. An agency operating an emergency telephone number “911”
6224 system established pursuant to s. 365.171; or
6225 3. The central abuse hotline operated pursuant to s. 39.201
6226
6227 to intercept and record incoming wire communications; however,
6228 such employee may intercept and record incoming wire
6229 communications on designated “911” telephone numbers and
6230 published nonemergency telephone numbers staffed by trained
6231 dispatchers at public safety answering points only. It is also
6232 lawful for such employee to intercept and record outgoing wire
6233 communications to the numbers from which such incoming wire
6234 communications were placed when necessary to obtain information
6235 required to provide the emergency services being requested. For
6236 the purpose of this paragraph, the term “public utility” has the
6237 same meaning as provided in s. 366.02 and includes a person,
6238 partnership, association, or corporation now or hereafter owning
6239 or operating equipment or facilities in the state for conveying
6240 or transmitting messages or communications by telephone or
6241 telegraph to the public for compensation.
6242 Section 156. Paragraph (b) of subsection (4) of section
6243 943.61, Florida Statutes, is amended to read:
6244 943.61 Powers and duties of the Capitol Police.—
6245 (4) The Capitol Police shall have the following
6246 responsibilities, powers, and duties:
6247 (b) To provide and maintain the security of all property
6248 located in the Capitol Complex in a manner consistent with the
6249 security plans developed and approved under paragraph (a) and,
6250 in consultation with the State Fire Marshal, to provide for
6251 evacuations, information, and training required for firesafety
6252 on such property in a manner consistent with s. 633.218 633.085.
6253 Section 157. Paragraph (b) of subsection (18) of section
6254 1002.33, Florida Statutes, is amended to read:
6255 1002.33 Charter schools.—
6256 (18) FACILITIES.—
6257 (b) A charter school shall use utilize facilities that
6258 comply with the Florida Fire Prevention Code, pursuant to s.
6259 633.208 633.025, as adopted by the authority in whose
6260 jurisdiction the facility is located as provided in paragraph
6261 (a).
6262 Section 158. Subsection (9) of section 1002.34, Florida
6263 Statutes, is amended to read:
6264 1002.34 Charter technical career centers.—
6265 (9) FACILITIES.—A center may be located in any suitable
6266 location, including part of an existing public school or Florida
6267 College System institution building, space provided on a public
6268 worksite, or a public building. A center’s facilities must
6269 comply with the State Uniform Building Code for Public
6270 Educational Facilities Construction adopted pursuant to s.
6271 1013.37, or with applicable state minimum building codes
6272 pursuant to chapter 553, and state minimum fire protection codes
6273 pursuant to s. 633.208 633.025, adopted by the authority in
6274 whose jurisdiction the facility is located. If K-12 public
6275 school funds are used for construction, the facility must remain
6276 on the local school district’s Florida Inventory of School
6277 Houses (FISH) school building inventory of the district school
6278 board and must revert to the district school board if the
6279 consortium dissolves and the program is discontinued. If Florida
6280 College System institution public school funds are used for
6281 construction, the facility must remain on the local Florida
6282 College System institution’s facilities inventory and must
6283 revert to the local Florida College System institution board of
6284 trustees if the consortium dissolves and the program is
6285 discontinued. The additional student capacity created by the
6286 addition of the center to the local school district’s FISH may
6287 not be calculated in the permanent student capacity for the
6288 purpose of determining need or eligibility for state capital
6289 outlay funds while the facility is used as a center. If the
6290 construction of the center is funded jointly by K-12 public
6291 school funds and Florida College System institution funds, the
6292 sponsoring entities must agree, before granting the charter, on
6293 the appropriate owner and terms of transfer of the facility if
6294 the charter is dissolved.
6295 Section 159. Subsection (1), paragraph (c) of subsection
6296 (2), and paragraphs (a) and (c) of subsection (6) of section
6297 1013.12, Florida Statutes, are amended to read:
6298 1013.12 Casualty, safety, sanitation, and firesafety
6299 standards and inspection of property.—
6300 (1) FIRESAFETY.—The State Board of Education shall adopt
6301 and administer rules prescribing standards for the safety and
6302 health of occupants of educational and ancillary plants as a
6303 part of State Requirements for Educational Facilities or the
6304 Florida Building Code for educational facilities construction as
6305 provided in s. 1013.37, except that the State Fire Marshal in
6306 consultation with the Department of Education shall adopt
6307 uniform firesafety standards for educational and ancillary
6308 plants and educational facilities, as provided in s.
6309 633.206(1)(b) 633.022(1)(b), and a firesafety evaluation system
6310 to be used as an alternate firesafety inspection standard for
6311 existing educational and ancillary plants and educational
6312 facilities. The uniform firesafety standards and the alternate
6313 firesafety evaluation system shall be administered and enforced
6314 by fire officials certified by the State Fire Marshal under s.
6315 633.216 633.081. These standards must be used by all public
6316 agencies when inspecting public educational and ancillary
6317 plants, and the firesafety standards must be used by county,
6318 municipal, or independent special fire control district
6319 inspectors when performing firesafety inspections of public
6320 educational and ancillary plants and educational facilities. In
6321 accordance with such standards, each board shall prescribe
6322 policies and procedures establishing a comprehensive program of
6323 safety and sanitation for the protection of occupants of public
6324 educational and ancillary plants. Such policies must contain
6325 procedures for periodic inspections as prescribed in this
6326 section or chapter 633 and for withdrawal of any educational and
6327 ancillary plant, or portion thereof, from use until unsafe or
6328 unsanitary conditions are corrected or removed.
6329 (2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
6330 BOARDS.—
6331 (c) Under the direction of the fire official appointed by
6332 the board under s. 1013.371(2), firesafety inspections of each
6333 educational and ancillary plant located on property owned or
6334 leased by the board, or other educational facilities operated by
6335 the board, must be made no sooner than 1 year after issuance of
6336 a certificate of occupancy and annually thereafter. Such
6337 inspections shall be made by persons certified by the Division
6338 of State Fire Marshal under s. 633.216 633.081 to conduct
6339 firesafety inspections in public educational and ancillary
6340 plants. The board shall submit a copy of the firesafety
6341 inspection report to the county, municipality, or independent
6342 special fire control district providing fire protection services
6343 to the school facility within 10 business days after the date of
6344 the inspection. Alternate schedules for delivery of reports may
6345 be agreed upon between the school district and the county,
6346 municipality, or independent special fire control district
6347 providing fire protection services to the site in cases in which
6348 delivery is impossible due to hurricanes or other natural
6349 disasters. Regardless, if immediate life-threatening
6350 deficiencies are noted in the report, the report shall be
6351 delivered immediately. In addition, the board and any other
6352 authority conducting the fire safety inspection shall certify to
6353 the State Fire Marshal that the annual inspection has been
6354 completed. The certification shall be made electronically or by
6355 such other means as directed by the State Fire Marshal.
6356 (6) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
6357 FACILITIES.—
6358 (a) Firesafety inspections of public college facilities,
6359 including charter schools located on board-owned or board-leased
6360 facilities or otherwise operated by public college boards, shall
6361 be made in accordance with the Florida Fire Prevention Code, as
6362 adopted by the State Fire Marshal. Notwithstanding s. 633.202
6363 633.0215, provisions of the code relating to inspections of such
6364 facilities are not subject to any local amendments as provided
6365 by s. 1013.371. Each public college facility shall be inspected
6366 annually by persons certified under s. 633.216 633.081.
6367 (c) Firesafety inspections of state universities shall
6368 comply with the Florida Fire Prevention Code, as adopted by the
6369 State Fire Marshal under s. 633.202 633.0215.
6370 Section 160. Paragraphs (a), (b), and (d) of subsection (2)
6371 and paragraph (a) of subsection (4) of section 1013.38, Florida
6372 Statutes, are amended to read:
6373 1013.38 Boards to ensure that facilities comply with
6374 building codes and life safety codes.—
6375 (2) In addition to the submission of site plans, boards may
6376 provide compliance as follows:
6377 (a) Boards or consortia may individually or cooperatively
6378 provide review services under the insurance risk management
6379 oversight through the use of board employees or consortia
6380 employees registered pursuant to chapter 471, chapter 481, or
6381 part XII of chapter 468 and firesafety inspectors certified
6382 under s. 633.216 633.081.
6383 (b) Boards may elect to review construction documents using
6384 their own employees registered pursuant to chapter 471, chapter
6385 481, or part XII of chapter 468 and firesafety inspectors
6386 certified under s. 633.216 633.081.
6387 (d) Boards or consortia may contract for plan review
6388 services directly with engineers and architects registered
6389 pursuant to chapter 471 or chapter 481 and firesafety inspectors
6390 certified under s. 633.216 633.081.
6391 (4)(a) Before the commencement of any new construction,
6392 renovation, or remodeling, the board shall:
6393 1. Approve or cause to be approved the construction
6394 documents and evaluate such documents for compliance with the
6395 Florida Building Code and the Florida Fire Prevention Code.
6396 2. Ensure compliance with all applicable firesafety codes
6397 and standards by contracting with a firesafety inspector
6398 certified by the State Fire Marshal under s. 633.216 633.081.
6399 Section 161. This act shall take effect July 1, 2013.