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         633.106 633.163State 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         633.112 633.101State 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         633.112State 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         633.114 633.02State 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         633.416 633.41Firefighter 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         633.518 633.806Studies, 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.