Florida Senate - 2013                      CS for CS for SB 1410
       
       
       
       By the Committees on Community Affairs; and Banking and
       Insurance; and Senator Simmons
       
       
       
       578-04006A-13                                         20131410c2
    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; requiring the State Fire
   34         Marshal to investigate certain fires and explosions
   35         under certain circumstances; transferring,
   36         renumbering, and amending s. 633.111, F.S.; requiring
   37         the State Fire Marshal to keep records of all fires
   38         and explosions; transferring, renumbering, and
   39         amending s. 633.02, F.S.; revising provisions relating
   40         to the authority of agents of the State Fire Marshal;
   41         transferring and renumbering s. 633.14, F.S., relating
   42         to the powers of agents of the State Fire Marshal to
   43         make arrests, conduct searches and seizures, serve
   44         summonses, and carry firearms; transferring,
   45         renumbering, and amending s. 633.121, F.S., relating
   46         to persons authorized to enforce laws and rules of the
   47         State Fire Marshal; revising terminology;
   48         transferring, renumbering, and amending s. 633.151,
   49         F.S.; clarifying provisions relating to impersonating
   50         the State Fire Marshal, a firefighter, a firesafety
   51         inspector, or a volunteer firefighter, for which a
   52         criminal penalty is provided; transferring,
   53         renumbering, and amending s. 633.171, F.S.; providing
   54         penalties for rendering a fire protection system
   55         required by statute or by rule inoperative; providing
   56         penalties for using the certificate of another person,
   57         holding a license or certificate and allowing another
   58         person to use the license or certificate, and using or
   59         allowing the use of any certificate or permit by any
   60         individual or organization other than the individual
   61         to whom the certificate or permit is issued;
   62         conforming a cross-reference; transferring,
   63         renumbering, and amending s. 633.175, F.S., relating
   64         to investigation of fraudulent insurance claims and
   65         crimes and immunity of insurance companies supplying
   66         information relative thereto; defining the term
   67         “consultant”; revising provisions to include
   68         investigation of explosions in fraudulent insurance
   69         claim investigations; authorizing the State Fire
   70         Marshal to adopt rules to implement provisions
   71         relating to an insurance company’s investigation of a
   72         suspected fire or explosion by intentional means;
   73         revising terminology; conforming a cross-reference;
   74         transferring, renumbering, and amending s. 633.45,
   75         F.S.; clarifying and revising the powers and duties of
   76         the Division of State Fire Marshal; requiring the
   77         division to establish by rule uniform minimum
   78         standards for the employment and training of
   79         firefighters and volunteer firefighters; requiring the
   80         division to establish by rule minimum curriculum
   81         requirements and criteria for the approval of
   82         education or training providers; requiring the
   83         division to specify by rule standards for the
   84         approval, denial of approval, probation, suspension,
   85         and revocation of approval of education or training
   86         providers and facilities for training firefighters and
   87         volunteer firefighters; requiring the division to
   88         specify by rule standards for the certification,
   89         denial of certification, probation, and revocation of
   90         certification for instructors; requiring the division
   91         to establish by rule minimum training qualifications
   92         for persons serving as specified fire safety
   93         coordinators; requiring the division to issue
   94         specified licenses, certificates, and permits;
   95         conforming cross-references; creating s. 633.132,
   96         F.S.; establishing fees to be collected by the
   97         division; authorizing the division to establish by
   98         rule fees necessary to cover administrative costs and
   99         to collect such fees in advance; providing for the
  100         appropriation and deposit of all funds collected by
  101         the State Fire Marshal pursuant to ch. 633, F.S.;
  102         transferring and renumbering s. 633.39, F.S., relating
  103         to acceptance by the division of donations of property
  104         and grants of money; transferring, renumbering, and
  105         amending s. 633.115, F.S., relating to the Fire and
  106         Emergency Incident Information Reporting Program;
  107         making technical changes; conforming a cross
  108         reference; creating s. 633.138, F.S.; providing
  109         requirements with respect to notice of change of
  110         address of record for, and notice of felony actions
  111         against, a licensee, permittee, or certificateholder;
  112         transferring, renumbering and amending s. 633.042,
  113         F.S.; revising the “Reduced Cigarette Ignition
  114         Propensity Standard and Firefighter Protection Act” to
  115         include preemption by the act of local laws and rules;
  116         providing a directive to the Division of Law Revision
  117         and Information to create part II of ch. 633, F.S.,
  118         entitled “Fire Safety and Prevention”; transferring,
  119         renumbering, and amending s. 633.0215, F.S., relating
  120         to the Florida Fire Prevention Code; conforming cross
  121         references; deleting an obsolete provision;
  122         transferring, renumbering, and amending s. 633.72,
  123         F.S., relating to the Florida Fire Code Advisory
  124         Council; revising membership of the council; providing
  125         for semiannual meetings of the council; authorizing
  126         the council to review proposed changes to the Florida
  127         Fire Prevention Code and specified uniform firesafety
  128         standards; conforming cross-references; transferring,
  129         renumbering, and amending s. 633.022, F.S., relating
  130         to uniform firesafety standards; revising
  131         applicability of uniform firesafety standards;
  132         removing obsolete provisions; transferring,
  133         renumbering, and amending s. 633.025, F.S., relating
  134         to minimum firesafety standards; deleting references
  135         to the Life Safety Code; conforming provisions to
  136         changes made by the act; conforming a cross-reference;
  137         transferring, renumbering, and amending s. 633.026,
  138         F.S., relating to informal interpretations of the
  139         Florida Fire Prevention Code and legislative intent
  140         with respect thereto; conforming provisions to changes
  141         made by the act; conforming cross-references; revising
  142         terminology to provide for declaratory statements
  143         rather than formal interpretations in nonbinding
  144         interpretations of Florida Fire Prevention Code
  145         provisions; transferring, renumbering, and amending s.
  146         633.052, F.S., relating to ordinances relating to fire
  147         safety and penalties for violation; conforming
  148         terminology; providing that a special district may
  149         enact any ordinance relating to fire safety codes that
  150         is identical to ch. 633, F.S., or any state law,
  151         except as to penalty; transferring, renumbering, and
  152         amending s. 633.081, F.S., relating to inspection of
  153         buildings and equipment; clarifying persons authorized
  154         to inspect buildings and structures; conforming cross
  155         references; revising requirements of persons
  156         conducting fire safety inspections; revising the
  157         period of validity of, and continuing education
  158         requirements for, fire safety inspector certificates;
  159         requiring repeat training for certified firesafety
  160         inspectors whose certification has lapsed for a
  161         specified period; revising grounds for denial, refusal
  162         to renew, suspension, or revocation of a fire safety
  163         inspector certificate; requiring the department to
  164         provide by rule for the certification of Fire Code
  165         Administrators; transferring, renumbering, and
  166         amending s. 633.085, F.S., relating to inspection of
  167         state buildings and premises; defining the terms
  168         “high-hazard occupancy” and “state-owned building”;
  169         providing for identification of state-owned buildings
  170         or state-leased buildings or space; authorizing,
  171         rather than requiring, the State Fire Marshal or
  172         agents thereof to conduct performance tests on any
  173         electronic fire warning and smoke detection system,
  174         and any pressurized air-handling unit, in any state
  175         owned building or state-leased building or space on a
  176         recurring basis; requiring the State Fire Marshal or
  177         agents thereof to ensure that fire drills are
  178         conducted in all high-hazard state-owned buildings or
  179         high-hazard state-leased occupancies at least
  180         annually; requiring that all new construction or
  181         renovation, alteration, or change of occupancy of any
  182         existing, state-owned building or state-leased
  183         building or space comply with uniform firesafety
  184         standards; authorizing the division to inspect state
  185         owned buildings and spaces and state-leased buildings
  186         and spaces as necessary before occupancy or during
  187         construction, renovation, or alteration to ascertain
  188         compliance with uniform firesafety standards;
  189         requiring the division to issue orders to cease
  190         construction, renovation, or alteration, or to
  191         preclude occupancy, of a state-owned or state-leased
  192         building or space for noncompliance; transferring,
  193         renumbering, and amending s. 633.027, F.S., relating
  194         to buildings with light-frame truss-type construction;
  195         conforming cross-references; transferring,
  196         renumbering, and amending s. 633.60, F.S., relating to
  197         automatic fire sprinkler systems for one-family
  198         dwellings, two-family dwellings, and mobile homes;
  199         conforming a cross-reference; transferring and
  200         renumbering s. 633.557, F.S., relating to the
  201         nonapplicability of the act to owners of property who
  202         are building or improving farm outbuildings and
  203         standpipe systems installed by plumbing contractors;
  204         transferring, renumbering, and amending s. 633.161,
  205         F.S., relating to violations and enforcement of ch.
  206         633, F.S., orders resulting from violations, and
  207         penalties for violation; conforming cross-references;
  208         providing a directive to the Division of Law Revision
  209         and Information to create part III of ch. 633, F.S.,
  210         entitled “Fire Protection and Suppression”;
  211         transferring, renumbering, and amending s. 633.511,
  212         F.S., relating to the Florida Fire Safety Board;
  213         conforming provisions to changes made by the act;
  214         conforming cross-references; requiring the board to
  215         act in an advisory capacity; authorizing the board to
  216         review complaints and make recommendations; providing
  217         for election of officers, quorum, and compensation of
  218         the board; requiring the board to adopt a seal;
  219         transferring, renumbering, and amending s. 633.061,
  220         F.S., relating to licensure to install or maintain
  221         fire suppression equipment; removing the fee schedule
  222         from such provisions; revising provisions relating to
  223         fire equipment dealers who wish to withdraw a
  224         previously filed halon equipment exemption affidavit;
  225         providing conditions that an applicant for a license
  226         of any class who has facilities located outside the
  227         state must meet in order to obtain a required
  228         equipment inspection; providing for the adoption of
  229         rules with respect to the establishment and
  230         calculation of inspection costs; revising and
  231         clarifying provisions that exclude from licensure for
  232         a specified period applicants having a previous
  233         criminal conviction; defining the term “convicted”;
  234         providing conditions under which a licensed fire
  235         equipment dealer may apply to convert the license
  236         currently held to a higher or lower licensing
  237         category; providing a procedure for an applicant who
  238         passes an examination for licensure or permit but
  239         fails to meet remaining qualifications within 1 year
  240         after the application date; transferring, renumbering,
  241         and amending s. 633.065, F.S., relating to
  242         requirements for installation, inspection, and
  243         maintenance of fire suppression equipment; conforming
  244         a cross-reference; transferring, renumbering, and
  245         amending s. 633.071, F.S., relating to standard
  246         service tags required on all fire extinguishers and
  247         preengineered systems; conforming a cross-reference;
  248         transferring, renumbering, and amending s. 633.082,
  249         F.S., relating to inspection of fire control systems,
  250         fire hydrants, and fire protection systems; conforming
  251         a cross-reference; making technical changes;
  252         transferring, renumbering, and amending s. 633.083,
  253         F.S., relating to the prohibited sale or use of
  254         certain types of fire extinguishers and penalty
  255         therefor; making a technical change; transferring,
  256         renumbering, and amending s. 633.162, F.S., relating
  257         to fire suppression system contractors and
  258         disciplinary actions with respect thereto; conforming
  259         cross-references; clarifying provisions; transferring,
  260         renumbering, and amending s. 633.521, F.S., relating
  261         to certification as fire protection system contractor;
  262         clarifying provisions and making technical changes;
  263         conforming cross-references; transferring,
  264         renumbering, and amending s. 633.551, F.S., relating
  265         to county and municipal powers and the effect of ch.
  266         75-240, Laws of Florida; making technical changes;
  267         transferring and renumbering s. 633.527, F.S.,
  268         relating to records concerning an applicant and the
  269         extent of confidentiality; transferring and
  270         renumbering s. 633.531, F.S., relating to statewide
  271         effectiveness and nontransferability of certificates;
  272         transferring, renumbering, and amending s. 633.534,
  273         F.S., relating to the issuance of certificates to
  274         individuals and business organizations; making a
  275         technical change; transferring, renumbering, and
  276         amending s. 633.537, F.S., relating to renewal and
  277         expiration of certificates; deleting an obsolete
  278         provision; deleting a provision which prescribes the
  279         biennial renewal fee for an inactive status
  280         certificate; making technical changes; transferring,
  281         renumbering, and amending s. 633.539, F.S., relating
  282         to requirements for installation, inspection, and
  283         maintenance of fire protection systems; conforming a
  284         cross-reference; transferring, renumbering, and
  285         amending s. 633.541, F.S., relating to the prohibition
  286         against contracting as a fire protection contractor
  287         without a certificate and penalty for violation
  288         thereof; conforming cross-references; making a
  289         technical change; transferring, renumbering, and
  290         amending s. 633.547, F.S., relating to disciplinary
  291         action concerning fire protection system contractors;
  292         revising provisions that authorize the State Fire
  293         Marshal to suspend a fire protection system
  294         contractor’s or permittee’s certificate; deleting
  295         provisions authorizing revocation of a certificate for
  296         a specified period; conforming a cross-reference;
  297         transferring, renumbering, and amending s. 633.549,
  298         F.S., relating to violations that are subject to
  299         injunction; making a technical change; transferring
  300         and renumbering s. 633.554, F.S., relating to
  301         application of ch. 633, F.S., regulating contracting
  302         and contractors; transferring, renumbering, and
  303         amending s. 633.70, F.S., relating to jurisdiction of
  304         the State Fire Marshal over alarm system contractors
  305         and certified unlimited electrical contractors;
  306         conforming a cross-reference; transferring and
  307         renumbering s. 633.701, F.S., relating to requirements
  308         for fire alarm system equipment; transferring,
  309         renumbering, and amending s. 633.702, F.S., relating
  310         to prohibited acts regarding alarm system contractors
  311         or certified unlimited electrical contractors and
  312         penalties for violations; making technical changes;
  313         providing a directive to the Division of Law Revision
  314         and Information to create part IV of ch. 633, F.S.,
  315         entitled “Fire Standards and Training”; transferring,
  316         renumbering, and amending s. 633.31, F.S.; revising
  317         provisions relating to the Firefighters Employment,
  318         Standards, and Training Council; providing for an
  319         additional member of the council; providing for
  320         organization of the council, meetings, quorum,
  321         compensation, and adoption of a seal; providing for
  322         special powers of the council in connection with the
  323         employment and training of firefighters; transferring,
  324         renumbering, and amending s. 633.42, F.S., relating to
  325         the authority of fire service providers to establish
  326         qualifications and standards for hiring, training, or
  327         promoting firefighters which exceed the minimum set by
  328         the department; conforming terminology; creating s.
  329         633.406, F.S.; specifying classes of certification
  330         awarded by the division; authorizing the division to
  331         establish specified additional certificates by rule;
  332         transferring, renumbering, and amending s. 633.35,
  333         F.S.; revising provisions relating to firefighter and
  334         volunteer firefighter training and certification;
  335         requiring the division to establish by rule specified
  336         courses and course examinations; providing that
  337         courses may only be administered by specified
  338         education or training providers and taught by
  339         certified instructors; revising provisions with
  340         respect to payment of training costs and payment of
  341         tuition for attendance at approved courses; providing
  342         requirements for issuance by the division of a
  343         firefighter certificate of compliance; providing
  344         requirements for issuance by the division of a
  345         Volunteer Firefighter Certificate of Completion;
  346         authorizing the division to issue a Special
  347         Certificate of Compliance; providing requirements and
  348         limitations with respect thereto; providing procedures
  349         and requirements for reexamination after failure of an
  350         examination; increasing the required number of hours
  351         of the structural fire training program; providing for
  352         a Forestry Certificate of Compliance and prescribing
  353         the rights, privileges, and benefits thereof;
  354         transferring, renumbering, and amending s. 633.34,
  355         F.S., relating to qualifications for certification as
  356         a firefighter; revising provisions relating to
  357         disqualifying offenses; providing requirements of the
  358         division with respect to suspension or revocation of a
  359         certificate; making technical changes; conforming
  360         cross-references; transferring, renumbering, and
  361         amending s. 633.352, F.S., relating to firefighter
  362         employment and volunteer firefighter service; revising
  363         provisions relating to retention of certification as a
  364         firefighter; defining the term “active”; transferring,
  365         renumbering, and amending s. 633.41, F.S.; prohibiting
  366         a fire service provider from employing an individual
  367         as a firefighter or supervisor of firefighters and
  368         from retaining the services of an individual
  369         volunteering as a firefighter or a supervisor of
  370         firefighters without required certification; requiring
  371         a fire service provider to make a diligent effort to
  372         determine possession of required certification prior
  373         to employing or retaining an individual for specified
  374         services; defining the term “diligent effort”;
  375         requiring a fire service provider to notify the
  376         division of specified hirings, retentions,
  377         terminations, decisions not to retain a firefighter,
  378         and determinations of failure to meet certain
  379         requirements; authorizing the division to conduct site
  380         visits to fire departments to monitor compliance;
  381         defining the term “employ”; conforming cross
  382         references; transferring, renumbering, and amending s.
  383         633.38, F.S., relating to curricula and standards for
  384         advanced and specialized training prescribed by the
  385         division; revising terminology to conform; conforming
  386         cross-references; transferring, renumbering, and
  387         amending s. 633.382, F.S., relating to supplemental
  388         compensation for firefighters who pursue specified
  389         higher educational opportunities; removing
  390         definitions; requiring the State Fire Marshal to
  391         determine, and adopt by rule, course work or degrees
  392         that represent the best practices toward supplemental
  393         compensation goals; specifying that supplemental
  394         compensation shall be paid to qualifying full-time
  395         employees of a fire service provider; conforming
  396         terminology; clarifying provisions; specifying that
  397         policy guidelines be adopted by rule; classifying the
  398         division as a fire service provider responsible for
  399         the payment of supplemental compensation to full-time
  400         firefighters employed by the division; transferring,
  401         renumbering, and amending s. 633.353, F.S., relating
  402         to falsification of qualifications; clarifying
  403         provisions that provide a penalty for falsification of
  404         qualifications provided to the Bureau of Fire
  405         Standards and Training of the division; transferring,
  406         renumbering, and amending s. 633.351, F.S., relating
  407         to disciplinary action and standards for revocation of
  408         certification; providing definitions; providing
  409         conditions for ineligibility to apply for
  410         certification under ch. 633, F.S.; providing
  411         conditions for permanent revocation of certification,
  412         prospective application of such provisions, and
  413         retroactive application with respect to specified
  414         convictions; revising provisions relating to
  415         revocation of certification; providing requirements
  416         with respect to application for certification;
  417         requiring specified submission of fingerprints;
  418         providing a fee; providing requirements of the
  419         Department of Law Enforcement with respect to
  420         submitted fingerprints; transferring, renumbering, and
  421         amending s. 633.43, F.S., relating to the
  422         establishment of the Florida State Fire College;
  423         conforming a provision to changes made by the act;
  424         transferring, renumbering, and amending s. 633.44,
  425         F.S., relating to the purposes of the Florida State
  426         Fire College and part IV of ch. 633, F.S.; expanding
  427         such purpose; conforming a cross-reference;
  428         transferring, renumbering, and amending s. 633.48,
  429         F.S., relating to the superintendent of the Florida
  430         State Fire College; conforming a cross-reference;
  431         transferring, renumbering, and amending s. 633.461,
  432         F.S., relating to uses of funds from the Insurance
  433         Regulatory Trust Fund; clarifying provisions;
  434         transferring and renumbering s. 633.47, F.S., relating
  435         to the procedure for making expenditures on behalf of
  436         the Florida State Fire College; transferring,
  437         renumbering, and amending s. 633.49, F.S., relating to
  438         the use of buildings, equipment, and other facilities
  439         of the fire college; conforming a cross-reference;
  440         transferring, renumbering, and amending s. 633.50,
  441         F.S., relating to additional duties of the Division of
  442         State Fire Marshal related to the Florida State Fire
  443         College; conforming cross-references; transferring and
  444         renumbering s. 633.46, F.S., relating to fees to be
  445         charged for training; providing a directive to the
  446         Division of Law Revision and Information to create
  447         part V of ch. 633, F.S., entitled “Florida
  448         Firefighters Occupational Safety and Health Act”;
  449         transferring, renumbering, and amending s. 633.801,
  450         F.S., relating to a short title; conforming a cross
  451         reference; transferring, renumbering, and amending s.
  452         633.802, F.S., relating to definitions; revising
  453         definitions of “firefighter employee,” “firefighter
  454         employer,” and “firefighter place of employment”;
  455         transferring, renumbering, and amending s. 633.803,
  456         F.S., relating to legislative intent to enhance
  457         firefighter occupational safety and health in the
  458         state; clarifying provisions; conforming cross
  459         references; transferring, renumbering, and amending s.
  460         633.821, F.S., relating to assistance by the division
  461         in facilitating firefighter employee workplace safety;
  462         revising references to publications; removing obsolete
  463         provisions; revising requirements and responsibilities
  464         of the division; transferring, renumbering, and
  465         amending s. 633.817, F.S., relating to remedies
  466         available to the division for noncompliance with part
  467         V of ch. 633, F.S.; conforming cross-references;
  468         transferring and renumbering s. 633.805, F.S.,
  469         relating to a required study by the division of
  470         firefighter employee occupational diseases;
  471         transferring, renumbering, and amending s. 633.806,
  472         F.S., relating to certain duties of the division;
  473         revising provisions that require the division to make
  474         studies, investigations, inspections, and inquiries
  475         with respect to compliance with part V of ch. 633,
  476         F.S., or rules authorized thereunder, and the causes
  477         of firefighter employee injuries, illnesses, safety
  478         based complaints, or line-of-duty deaths in
  479         firefighter employee places of employment; authorizing
  480         the division to adopt by rule procedures for
  481         conducting inspections and inquiries of firefighter
  482         employers under part V of ch. 633, F.S.; authorizing
  483         the division to enter premises to investigate
  484         compliance; providing a criminal penalty; conforming
  485         references; transferring, renumbering, and amending s.
  486         633.807, F.S., relating to safety responsibilities of
  487         firefighter employers; revising definitions of the
  488         terms “safe” and “safety”; transferring, renumbering,
  489         and amending s. 633.809, F.S.; relating to firefighter
  490         employers with a high frequency of firefighter
  491         employee work-related injuries; revising provisions
  492         relating to required safety inspections; clarifying
  493         that the division may not assess penalties as a result
  494         of such inspections; requiring firefighter employers
  495         to submit a plan for the correction of noncompliance
  496         issues to the division for approval in accordance with
  497         division rule; providing procedures if a plan is not
  498         submitted, does not provide corrective actions, is
  499         incomplete, or is not implemented; providing for
  500         workplace safety committees and coordinators,
  501         including mandatory negotiations during collective
  502         bargaining; requiring the division to adopt rules;
  503         providing for compensation of the workplace safety
  504         committee; authorizing cancellation of an insurance
  505         plan due to noncompliance; transferring, renumbering,
  506         and amending s. 633.811, F.S., relating to firefighter
  507         employer penalties; prescribing additional
  508         administrative penalties for firefighter employers for
  509         violation of, or refusal to comply with, part V of ch.
  510         633, F.S.; providing for location of hearings;
  511         transferring, renumbering, and amending s. 633.812,
  512         F.S., relating to specified cooperation by the
  513         division with the Federal Government; clarifying
  514         requirements from which private firefighter employers
  515         are exempt; eliminating a prerequisite to exemption
  516         for specified firefighter employers; requiring
  517         reinspection after specified noncompliance;
  518         transferring, renumbering, and amending s. 633.816,
  519         F.S., relating to firefighter employee rights and
  520         responsibilities; conforming cross-references;
  521         transferring, renumbering, and amending s. 633.818,
  522         F.S., relating to false statements; conforming a
  523         cross-reference; prohibiting a person from committing
  524         certain fraudulent acts in any matter within the
  525         jurisdiction of the division; providing criminal
  526         penalties; providing a statute of limitation;
  527         transferring, renumbering, and amending s. 633.814,
  528         F.S., relating to disbursement of expenses to
  529         administer part V of ch. 633, F.S.; conforming a
  530         cross-reference; amending s. 112.011, F.S.; removing
  531         provisions that exclude from employment for a
  532         specified period an applicant for employment with a
  533         fire department who has a prior felony conviction;
  534         amending s. 112.191, F.S.; revising provisions
  535         relating to adjustments in payments of accidental
  536         death benefits for firefighters; amending s. 120.541,
  537         F.S.; revising a cross-reference to conform with
  538         changes made in the act; amending s. 196.081, F.S.;
  539         revising a cross-reference to conform with changes
  540         made in the act; repealing s. 633.024, F.S., relating
  541         to legislative findings and intent with respect to
  542         ensuring effective fire protection of vulnerable
  543         nursing home residents, the expedited retrofit of
  544         existing nursing homes through a limited state loan
  545         guarantee, and funding thereof; repealing s. 633.0245,
  546         F.S., relating to the State Fire Marshal Nursing Home
  547         Fire Protection Loan Guarantee Program; repealing s.
  548         633.03, F.S., relating to investigations of fire and
  549         reports; repealing s. 633.0421, F.S., relating to
  550         preemption of the reduced cigarette ignition
  551         propensity standard by the state; repealing s. 633.13,
  552         F.S., relating to the authority of State Fire Marshal
  553         agents; repealing s. 633.167, F.S., relating to the
  554         authority of the State Fire Marshal to place certain
  555         persons on probation; repealing s. 633.18, F.S.,
  556         relating to hearings and investigations by the State
  557         Fire Marshal; repealing s. 633.30, F.S., relating to
  558         definitions with respect to standards for
  559         firefighting; repealing s. 633.32, F.S., relating to
  560         organization, meetings, quorum, compensation, and seal
  561         of the Firefighters Employment, Standards, and
  562         Training Council; repealing s. 633.33, F.S., relating
  563         to special powers of the Firefighters Employment,
  564         Standards, and Training Council in connection with the
  565         employment and training of firefighters; repealing s.
  566         633.37, F.S., relating to payment of tuition at
  567         approved training programs by the employing agency;
  568         repealing s. 633.445, F.S., relating to the State Fire
  569         Marshal Scholarship Grant Program; repealing s.
  570         633.46, F.S., relating to authority of the Division of
  571         State Fire Marshal to fix and collect admission fees
  572         and other fees it deems necessary to be charged for
  573         training; repealing s. 633.514, F.S., relating to
  574         Florida Fire Safety Board duties, meetings, officers,
  575         quorum, and compensation; repealing s. 633.517, F.S.;
  576         relating to the authority of the State Fire Marshal to
  577         adopt rules, administer oaths, and take testimony;
  578         repealing s. 633.524, F.S., relating to certificate
  579         and permit fees assessed under ch. 633, F.S., and the
  580         use and deposit thereof; repealing s. 633.804, F.S.,
  581         relating to the adoption of rules governing
  582         firefighter employer and firefighter employee safety
  583         inspections and consultations; repealing s. 633.808,
  584         F.S., relating to division authority; repealing s.
  585         633.810, F.S., relating to workplace safety committees
  586         and safety coordinators; repealing s. 633.813, F.S.,
  587         relating to cancellation of an insurance policy for
  588         failure to implement a safety and health program;
  589         repealing s. 633.815, F.S., relating to penalties for
  590         refusing entry to a firefighter place of employment
  591         for the purposes of investigations or inspections by
  592         the division; repealing s. 633.819, F.S., relating to
  593         matters within the jurisdiction of the division and
  594         fraudulent acts, penalties, and statute of
  595         limitations; repealing s. 633.820, F.S., relating to
  596         the applicability of specified sections of ch. 633,
  597         F.S., to volunteer firefighters and volunteer fire
  598         departments; amending ss. 112.1815, 112.191, 112.81,
  599         119.071, 120.80, 121.0515, 125.01, 125.01045, 125.56,
  600         166.0446, 175.032, 175.121, 218.23, 252.515, 255.45,
  601         258.0145, 281.02, 384.287, 395.0163, 400.232, 400.915,
  602         429.41, 429.44, 429.73, 447.203, 468.602, 468.609,
  603         489.103, 489.105, 496.404, 509.032, 513.05, 553.73,
  604         553.77, 553.79, 590.02, 627.4107, 893.13, 934.03,
  605         943.61, 1002.33, 1002.34, 1013.12, and 1013.38, F.S.;
  606         conforming cross-references; updating terminology;
  607         providing an effective date.
  608  
  609  Be It Enacted by the Legislature of the State of Florida:
  610  
  611         Section 1. The Division of Law Revision and Information is
  612  directed to create part I of chapter 633, Florida Statutes,
  613  consisting of sections 633.102, 633.104, 633.106, 633.108,
  614  633.112, 633.114, 633.116, 633.118, 633.122, 633.124, 633.126,
  615  633.128, 633.132, 633.134, 633.136, and 633.138, Florida
  616  Statutes, to be entitled “General Provisions.”
  617         Section 2. Section 633.021, Florida Statutes, is
  618  transferred, renumbered as section 633.102, Florida Statutes,
  619  and amended to read:
  620         633.102 633.021 Definitions.—As used in this chapter, the
  621  term:
  622         (1) “Board” means the Florida Fire Safety Board.
  623         (2) “Certificate” means a certificate of competency issued
  624  by the State Fire Marshal.
  625         (3) “Certification” means the act of obtaining or holding a
  626  certificate of competency from the State Fire Marshal.
  627         (2)(4) “Contracting” means engaging in business as a
  628  contractor.
  629         (3)(5)(a) “Contractor I” means a contractor whose business
  630  includes the execution of contracts requiring the ability to lay
  631  out, fabricate, install, inspect, alter, repair, and service all
  632  types of fire protection systems, excluding preengineered
  633  systems.
  634         (b) “Contractor II” means a contractor whose business is
  635  limited to the execution of contracts requiring the ability to
  636  lay out, fabricate, install, inspect, alter, repair, and service
  637  water sprinkler systems, water spray systems, foam-water
  638  sprinkler systems, foam -water spray systems, standpipes,
  639  combination standpipes and sprinkler risers, all piping that is
  640  an integral part of the system beginning at the point of service
  641  as defined in this section, sprinkler tank heaters, air lines,
  642  thermal systems used in connection with sprinklers, and tanks
  643  and pumps connected thereto, excluding preengineered systems.
  644         (c) “Contractor III” means a contractor whose business is
  645  limited to the execution of contracts requiring the ability to
  646  fabricate, install, inspect, alter, repair, and service carbon
  647  dioxide CO2 systems, foam extinguishing systems, dry chemical
  648  systems, and Halon and other chemical systems, excluding
  649  preengineered systems.
  650         (d) “Contractor IV” means a contractor whose business is
  651  limited to the execution of contracts requiring the ability to
  652  lay out, fabricate, install, inspect, alter, repair, and service
  653  automatic fire sprinkler systems for detached one-family
  654  dwellings, detached two-family dwellings, and mobile homes,
  655  excluding preengineered systems and excluding single-family
  656  homes in cluster units, such as apartments, condominiums, and
  657  assisted living facilities or any building that is connected to
  658  other dwellings. A Contractor IV is limited to the scope of
  659  practice specified in NFPA 13D.
  660         (e) “Contractor V” means a contractor whose business is
  661  limited to the execution of contracts requiring the ability to
  662  fabricate, install, inspect, alter, repair, and service the
  663  underground piping for a fire protection system using water as
  664  the extinguishing agent beginning at the point of service as
  665  defined in this act and ending no more than 1 foot above the
  666  finished floor.
  667  
  668  The definitions in this subsection may must not be construed to
  669  include fire protection engineers or architects and do not limit
  670  or prohibit a licensed fire protection engineer or architect
  671  with fire protection design experience from designing any type
  672  of fire protection system. A distinction is made between system
  673  design concepts prepared by the design professional and system
  674  layout as defined in this section and typically prepared by the
  675  contractor. However, a person persons certified as a Contractor
  676  I, Contractor II, or Contractor IV under this chapter may design
  677  fire protection systems of 49 or fewer sprinklers, and may
  678  design the alteration of an existing fire sprinkler system if
  679  the alteration consists of the relocation, addition, or deletion
  680  of not more than 49 sprinklers, notwithstanding the size of the
  681  existing fire sprinkler system. A person certified as a
  682  Contractor I, Contractor II, or Contractor IV may design a fire
  683  protection system the scope of which complies with NFPA 13D,
  684  Standard for the Installation of Sprinkler Systems in One- and
  685  Two-Family Dwellings and Manufactured Homes, as adopted by the
  686  State Fire Marshal, notwithstanding the number of fire
  687  sprinklers. Contractor-developed plans may not be required by
  688  any local permitting authority to be sealed by a registered
  689  professional engineer.
  690         (4) “Department” means the Department of Financial
  691  Services.
  692         (5) “Division” means the Division of State Fire Marshal
  693  within the Department of Financial Services.
  694         (6) “Explosives” means any chemical compound or mixture
  695  that has the property of yielding readily to combustion or
  696  oxidation upon the application of heat, flame, or shock and is
  697  capable of producing an explosion and is commonly used for that
  698  purpose, including but not limited to dynamite, nitroglycerin,
  699  trinitrotoluene, ammonium nitrate when combined with other
  700  ingredients to form an explosive mixture, blasting caps, and
  701  detonators; but the term does not include cartridges for
  702  firearms or fireworks as defined in chapter 791.
  703         (7)(a) “Fire equipment dealer Class A” means a licensed
  704  fire equipment dealer whose business is limited to servicing,
  705  recharging, repairing, installing, or inspecting all types of
  706  fire extinguishers and conducting hydrostatic tests on all types
  707  of fire extinguishers.
  708         (b) “Fire equipment dealer Class B” means a licensed fire
  709  equipment dealer whose business is limited to servicing,
  710  recharging, repairing, installing, or inspecting all types of
  711  fire extinguishers, including recharging carbon dioxide units
  712  and conducting hydrostatic tests on all types of fire
  713  extinguishers, except carbon dioxide units.
  714         (c) “Fire equipment dealer Class C” means a licensed fire
  715  equipment dealer whose business is limited to servicing,
  716  recharging, repairing, installing, or inspecting all types of
  717  fire extinguishers, except recharging carbon dioxide units, and
  718  conducting hydrostatic tests on all types of fire extinguishers,
  719  except carbon dioxide units.
  720         (d) “Fire equipment dealer Class D” means a licensed fire
  721  equipment dealer whose business is limited to servicing,
  722  recharging, repairing, installing, hydrotesting, or inspecting
  723  of all types of preengineered fire extinguishing systems.
  724         (8) A “Fire extinguisher” means is a cylinder that:
  725         (a) Is portable and can be carried or is on wheels.
  726         (b) Is manually operated.
  727         (c) May use a variety of extinguishing agents that are
  728  expelled under pressure.
  729         (d) Is rechargeable or nonrechargeable.
  730         (e) Is installed, serviced, repaired, recharged, inspected,
  731  and hydrotested according to applicable procedures of the
  732  manufacturer, standards of the National Fire Protection
  733  Association, and the Code of Federal Regulations.
  734         (f) Is listed by a nationally recognized testing
  735  laboratory.
  736         (9) “Firefighter” means an individual who holds a current
  737  and valid Firefighter Certificate of Compliance or Special
  738  Certificate of Compliance issued by the division under s.
  739  633.408.
  740         (10) “Fire service support personnel” means an individual
  741  who does not hold a current and valid certificate issued by the
  742  division and who may only perform support services.
  743         (11)(9)A “Fire hydrant” means is a connection to a water
  744  main, elevated water tank, or other source of water for the
  745  purpose of supplying water to a fire hose or other fire
  746  protection apparatus for fire suppression operations. The term
  747  does not include a fire protection system.
  748         (12)(10)A “Fire protection system” means is a system
  749  individually designed to protect the interior or exterior of a
  750  specific building or buildings, structure, or other special
  751  hazard from fire. Such systems include, but are not limited to,
  752  water sprinkler systems, water spray systems, foam-water
  753  sprinkler systems, foam-water spray systems, carbon dioxide CO2
  754  systems, foam extinguishing systems, dry chemical systems, and
  755  Halon and other chemical systems used for fire protection use.
  756  Such systems also include any overhead and underground fire
  757  mains, fire hydrants and hydrant mains, standpipes and hoses
  758  connected to sprinkler systems, sprinkler tank heaters, air
  759  lines, thermal systems used in connection with fire sprinkler
  760  systems, and tanks and pumps connected to fire sprinkler
  761  systems.
  762         (13)(11)A “Firesafety inspector” means is an individual
  763  who holds a current and valid Fire Safety Inspector Certificate
  764  of Compliance issued certified by the division State Fire
  765  Marshal under s. 633.216 s. 633.081 who is officially assigned
  766  the duties of conducting firesafety inspections of buildings and
  767  facilities on a recurring or regular basis on behalf of the
  768  state or any county, municipality, or special district with fire
  769  safety responsibilities.
  770         (14) “Fire service provider” means a municipality or
  771  county, the state, or any political subdivision of the state,
  772  including authorities and special districts, employing
  773  firefighters or utilizing volunteer firefighters to provide fire
  774  extinguishment or fire prevention services for the protection of
  775  life and property. The term includes any organization under
  776  contract or other agreement with such entity to provide such
  777  services.
  778         (15)(12) “Handling” means touching, holding, taking up,
  779  moving, controlling, or otherwise affecting with the hand or by
  780  any other agency.
  781         (13)(a) For the purposes of s. 633.085(1), the term “high
  782  hazard occupancy” means any building or structure:
  783         1. That contains combustible or explosive matter or
  784  flammable conditions dangerous to the safety of life or
  785  property.
  786         2. In which persons receive educational instruction.
  787         3. In which persons reside, excluding private dwellings.
  788         4. Containing three or more floor levels.
  789  
  790  Such buildings or structures include, but are not limited to,
  791  all hospitals and residential health care facilities, nursing
  792  homes and other adult care facilities, correctional or detention
  793  facilities, public schools, public lodging establishments,
  794  migrant labor camps, residential child care facilities, and
  795  self-service gasoline stations.
  796         (b) For the purposes of this subsection, the term “high
  797  hazard occupancy” does not include any residential condominium
  798  where the declaration of condominium or the bylaws provide that
  799  the rental of units shall not be permitted for less than 90
  800  days.
  801         (16)(14) “Highway” means every way or place of whatever
  802  nature within the state open to the use of the public, as a
  803  matter of right, for purposes of vehicular traffic and includes
  804  public streets, alleys, roadways, or driveways upon grounds of
  805  colleges, universities, and institutions and other ways open to
  806  travel by the public, notwithstanding that the same have been
  807  temporarily closed for the purpose of construction,
  808  reconstruction, maintenance, or repair. The term does not
  809  include a roadway or driveway upon grounds owned by a private
  810  person.
  811         (17) “Hot zone” means the area immediately around an
  812  incident where serious threat of harm exists, which includes the
  813  collapse zone for a structure fire.
  814         (18)(15) “Keeping” means possessing, holding, retaining,
  815  maintaining, or having habitually in stock for sale.
  816         (19)(16) “Layout” as used in this chapter means the layout
  817  of risers, cross mains, branch lines, sprinkler heads, sizing of
  818  pipe, hanger locations, and hydraulic calculations in accordance
  819  with the design concepts established through the provisions of
  820  the Responsibility Rules adopted by the Board of Professional
  821  Engineers.
  822         (20)(17) “Manufacture” means the compounding, combining,
  823  producing, or making of anything or the working of anything by
  824  hand, by machinery, or by any other agency into forms suitable
  825  for use.
  826         (21)(18)A “Minimum firesafety standard” means is a
  827  requirement or group of requirements adopted pursuant to s.
  828  633.208 633.025 by a county, municipality, or special district
  829  with firesafety responsibilities, or by the State Fire Marshal
  830  pursuant to s. 394.879, for the protection of life and property
  831  from loss by fire which shall be met, as a minimum, by every
  832  occupancy, facility, building, structure, premises, device, or
  833  activity to which it applies.
  834         (22) “Minimum Standards Course” means training of at least
  835  360 hours as prescribed by rule adopted by the division which is
  836  required to obtain a Firefighter Certificate of Compliance under
  837  s. 633.408.
  838         (23)(19) “Motor vehicle” means any device propelled by
  839  power other than muscular power in, upon, or by which any
  840  individual person or property is or may be transported or drawn
  841  upon a highway, except a device moved or used exclusively upon
  842  stationary rails or tracks.
  843         (24)(20) “Point-of-service” means the point at which the
  844  underground piping for a fire protection system as defined in
  845  this section using water as the extinguishing agent becomes used
  846  exclusively for the fire protection system.
  847         (25)(21)(a) A “Preengineered system” means is a fire
  848  suppression system which:
  849         1. Uses any of a variety of extinguishing agents.
  850         2. Is designed to protect specific hazards.
  851         3. Must be installed according to pretested limitations and
  852  configurations specified by the manufacturer and applicable
  853  National Fire Protection Association (NFPA) standards. Only
  854  those chapters within the National Fire Protection Association
  855  standards which that pertain to servicing, recharging,
  856  repairing, installing, hydrotesting, or inspecting any type of
  857  preengineered fire extinguishing system may be used.
  858         4. Must be installed using components specified by the
  859  manufacturer or components that are listed as equal parts by a
  860  nationally recognized testing laboratory such as Underwriters
  861  Laboratories, Inc., or Factory Mutual Laboratories, Inc.
  862         5. Must be listed by a nationally recognized testing
  863  laboratory.
  864         (b) Preengineered systems consist of and include all of the
  865  components and parts providing fire suppression protection, but
  866  do not include the equipment being protected, and may
  867  incorporate special nozzles, flow rates, methods of application,
  868  pressurization levels, and quantities of agents designed by the
  869  manufacturer for specific hazards.
  870         (26)(22) “Private carrier” means a any motor vehicle,
  871  aircraft, or vessel operating intrastate in which there is
  872  identity of ownership between freight and carrier.
  873         (27)(23) “Sale” means the act of selling; the act whereby
  874  the ownership of property is transferred from one person to
  875  another for a sum of money or, loosely, for any consideration.
  876  The term includes the delivery of merchandise with or without
  877  consideration.
  878         (28)(24) “Special state firesafety inspector” means an
  879  individual officially assigned to the duties of conducting
  880  firesafety inspections required by law on behalf of or by an
  881  agency of the state having authority for inspections other than
  882  the division of State Fire Marshal.
  883         (29)(25)A “Sprinkler system” means is a type of fire
  884  protection system, either manual or automatic, using water as an
  885  extinguishing agent and installed in accordance with applicable
  886  National Fire Protection Association standards.
  887         (30)(26) “Storing” means accumulating, laying away, or
  888  depositing for preservation or as a reserve fund in a store,
  889  warehouse, or other source from which supplies may be drawn or
  890  within which they may be deposited. The term is limited in
  891  meaning and application to storage having a direct relationship
  892  to transportation.
  893         (31) “Support services” means those activities that a fire
  894  service provider has trained an individual to perform safely
  895  outside the hot zone of an emergency scene, including pulling
  896  hoses, opening and closing fire hydrants, driving and operating
  897  apparatus, carrying tools, carrying or moving equipment,
  898  directing traffic, manning a resource pool, or similar
  899  activities.
  900         (32) “Suspension” means the temporary withdrawal of a
  901  license, certificate, or permit issued pursuant to this chapter.
  902         (33)(27) “Transportation” means the conveying or carrying
  903  of property from one place to another by motor vehicle (except a
  904  motor vehicle subject to the provisions of s. 316.302),
  905  aircraft, or vessel, subject to such limitations as are set
  906  forth in s. 552.12, in which only the motor vehicles, aircraft,
  907  or vessels of the Armed Forces and other federal agencies are
  908  specifically exempted.
  909         (34)(28)A “Uniform firesafety standard” means is a
  910  requirement or group of requirements for the protection of life
  911  and property from loss by fire which shall be met by every
  912  building and structure specified in s. 633.206 633.022(1), and
  913  is not neither weakened or nor exceeded by law, rule, or
  914  ordinance of any other state agency or political subdivision or
  915  county, municipality, or special district with firesafety
  916  responsibilities.
  917         (35)(29) “Use” means application, employment; that
  918  enjoyment of property which consists of its employment,
  919  occupation, exercise, or practice.
  920         (36) “Volunteer firefighter” means an individual who holds
  921  a current and valid Volunteer Firefighter Certificate of
  922  Completion issued by the division under s. 633.408.
  923         Section 3. Section 633.01, Florida Statutes, is transferred
  924  and renumbered as section 633.104, Florida Statutes, subsections
  925  (1), (3), (5), (6), and (7) of that section are amended, and
  926  subsections (8) and (9) are added to that section, to read:
  927         633.104 633.01 State Fire Marshal; authority; powers and
  928  duties; rules.—
  929         (1) The Chief Financial Officer is designated as “State
  930  Fire Marshal.” The State Fire Marshal has authority to adopt
  931  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  932  provisions of this chapter conferring powers or duties upon the
  933  department. Rules must shall be in substantial conformity with
  934  generally accepted standards of firesafety; must shall take into
  935  consideration the direct supervision of children in
  936  nonresidential child care facilities; and must shall balance and
  937  temper the need of the State Fire Marshal to protect all
  938  Floridians from fire hazards with the social and economic
  939  inconveniences that may be caused or created by the rules. The
  940  department shall adopt the Florida Fire Prevention Code and the
  941  Life Safety Code.
  942         (3) The State Fire Marshal shall establish by rule
  943  guidelines and procedures for quadrennial triennial renewal of
  944  firesafety inspector requirements for certification.
  945         (5) It is the intent of the Legislature that there are to
  946  be no conflicting requirements between the Florida Fire
  947  Prevention Code and the Life Safety Code authorized by this
  948  chapter and the provisions of the Florida Building Code or
  949  conflicts in their enforcement and interpretation. Potential
  950  conflicts shall be resolved through coordination and cooperation
  951  of the State Fire Marshal and the Florida Building Commission as
  952  provided by this chapter and part IV of chapter 553.
  953         (6) Only the State Fire Marshal may issue, and, when
  954  requested in writing by any substantially affected person or a
  955  local enforcing agency, the State Fire Marshal shall issue
  956  declaratory statements pursuant to s. 120.565 relating to the
  957  Florida Fire Prevention Code and the Life Safety Code.
  958         (7) The State Fire Marshal, in consultation with the
  959  Department of Education, shall adopt and administer rules
  960  prescribing standards for the safety and health of occupants of
  961  educational and ancillary facilities pursuant to ss. 633.206
  962  633.022, 1013.12, 1013.37, and 1013.371. In addition, in any
  963  county, municipality, or special district that does not employ
  964  or appoint a firesafety inspector certified under s. 633.216
  965  633.081, the State Fire Marshal shall assume the duties of the
  966  local county, municipality, or independent special fire control
  967  district as defined in s. 191.003 with respect to firesafety
  968  inspections of educational property required under s.
  969  1013.12(3)(b), and the State Fire Marshal may take necessary
  970  corrective action as authorized under s. 1013.12(7).
  971         (8) The State Fire Marshal or her or his duly appointed
  972  hearing officer may administer oaths and take testimony about
  973  all matters within the jurisdiction of this chapter. Chapter 120
  974  governs hearings conducted by or on behalf of the State Fire
  975  Marshal.
  976         (9) The State Fire Marshal may contract with any qualified
  977  public entity or private company in accordance with chapter 287
  978  to provide examinations for any applicant for any examination
  979  administered under the jurisdiction of the State Fire Marshal.
  980  The State Fire Marshal may direct payments from each applicant
  981  for each examination directly to such contracted entity or
  982  company.
  983         Section 4. Section 633.163, Florida Statutes, is
  984  transferred, renumbered as section 633.106, Florida Statutes,
  985  and amended to read:
  986         633.106 633.163State Fire Marshal; disciplinary authority;
  987  administrative fine and probation in lieu of suspension,
  988  revocation, or refusal to issue a license, permit, or
  989  certificate.—
  990         (1) The State Fire Marshal may deny, suspend, or revoke the
  991  license, certificate, or permit of any individual who does not
  992  meet the qualifications established by, or who violates any
  993  provision under, this chapter or any rule authorized by this
  994  chapter.
  995         (2)(1) If the State Fire Marshal finds that one or more
  996  grounds exist for the suspension, revocation, or refusal to
  997  issue, renew, or continue any license, certificate, or permit
  998  issued under this chapter, the State Fire Marshal may, in its
  999  discretion, in lieu of the suspension, revocation, or refusal to
 1000  issue, renew, or continue, and, except on a second offense or
 1001  when the suspension, revocation, or refusal to issue, renew, or
 1002  continue is mandatory, impose upon the licensee,
 1003  certificateholder, or permittee one or more of the following:
 1004         (a) An administrative fine not to exceed $1,000 for each
 1005  violation, and not to exceed a total of $10,000 in any one
 1006  proceeding.
 1007         (b) Probation for a period not to exceed 2 years, as
 1008  specified by the State Fire Marshal in her or his order.
 1009         (3)(2) The State Fire Marshal may allow the licensee,
 1010  certificateholder, or permittee a reasonable period, not to
 1011  exceed 30 days, within which to pay to the State Fire Marshal
 1012  the amount of the fine. If the licensee, certificateholder, or
 1013  permittee fails to pay the administrative fine in its entirety
 1014  to the State Fire Marshal within such period, the license,
 1015  permit, or certificate shall stand suspended until payment of
 1016  the administrative fine.
 1017         (4) As a condition to probation or in connection therewith,
 1018  the State Fire Marshal may specify in her or his order
 1019  reasonable terms and conditions to be fulfilled by the
 1020  probationer during the probation period. If during the probation
 1021  period the State Fire Marshal has good cause to believe that the
 1022  probationer has violated any of the terms and conditions, she or
 1023  he shall suspend, revoke, or refuse to issue, renew, or continue
 1024  the license, certificate, or permit of the probationer, as upon
 1025  the original ground or grounds referred to in subsection (2).
 1026         Section 5. Section 633.15, Florida Statutes, is transferred
 1027  and renumbered as section 633.108, Florida Statutes.
 1028         Section 6. Section 633.101, Florida Statutes, is
 1029  transferred, renumbered as section 633.112, Florida Statutes,
 1030  and amended to read:
 1031         633.112 633.101State Fire Marshal; hearings;
 1032  investigations; recordkeeping and reports; subpoenas of
 1033  witnesses; orders of circuit court investigatory powers of State
 1034  Fire Marshal; costs of service and witness fees.—
 1035         (1) The State Fire Marshal may in his or her discretion
 1036  take or cause to be taken the testimony on oath of a person all
 1037  persons whom he or she believes to be cognizant of any facts in
 1038  relation to matters under investigation.
 1039         (2) If the State Fire Marshal is shall be of the opinion
 1040  that there is sufficient evidence to charge a any person with an
 1041  offense, he or she must shall cause the arrest of such person
 1042  and must shall furnish to the prosecuting officer of any court
 1043  having jurisdiction of the said offense all information obtained
 1044  by him or her, including a copy of all pertinent and material
 1045  testimony taken, together with the names and addresses of all
 1046  witnesses. In the conduct of such investigations, the State Fire
 1047  Marshal may request such assistance as may reasonably be given
 1048  by such prosecuting officers and other local officials.
 1049         (3) The State Fire Marshal may summon and compel the
 1050  attendance of witnesses before him or her to testify in relation
 1051  to any matter manner which is, by the provisions of this
 1052  chapter, a subject of inquiry and investigation, and he or she
 1053  may require the production of any book, paper, or document
 1054  deemed pertinent thereto by him or her, and may seize furniture
 1055  and other personal property to be held for evidence.
 1056         (4) A person All persons so summoned and so testifying
 1057  shall be entitled to the same witness fees and mileage as
 1058  provided for witnesses testifying in the circuit courts of this
 1059  state, and officers serving subpoenas or orders of the State
 1060  Fire Marshal shall be paid in like manner for like services in
 1061  such courts, from the funds herein provided.
 1062         (5) Any agent designated by the State Fire Marshal for such
 1063  purposes, may hold hearings, sign and issue subpoenas,
 1064  administer oaths, examine witnesses, receive evidence, and
 1065  require by subpoena the attendance and testimony of witnesses
 1066  and the production of such accounts, records, memoranda, or
 1067  other evidence, as may be material for the determination of any
 1068  complaint or conducting any inquiry or investigation under this
 1069  chapter. In the case of disobedience to a subpoena, the State
 1070  Fire Marshal or her or his agent may invoke the aid of any court
 1071  of competent jurisdiction in requiring the attendance and
 1072  testimony of witnesses and the production of accounts, records,
 1073  memoranda, or other evidence and any such court may in case of
 1074  refusal to obey a subpoena issued to a person, issue an order
 1075  requiring the person to appear before the State Fire Marshal’s
 1076  agent or produce accounts, records, memoranda, or other
 1077  evidence, as so ordered, or to give evidence touching any matter
 1078  pertinent to any complaint or the subject of any inquiry or
 1079  investigation, and any failure to obey such order of the court
 1080  shall be punished by the court as contempt.
 1081         (6) Upon request, the State Fire Marshal shall investigate
 1082  the cause, origin, and circumstances of fires and explosions
 1083  occurring in this state wherein property has been damaged or
 1084  destroyed and there is probable cause to believe that the fire
 1085  or explosion was the result of carelessness or design.
 1086         (a) Any time a fire or explosion has occurred which results
 1087  in property damage or destruction in any municipality, county,
 1088  or special district having an organized fire department, any
 1089  local fire official whose intent is to request the State Fire
 1090  Marshal to perform an investigation shall make or shall cause to
 1091  be made an initial investigation of the circumstances
 1092  surrounding the cause and origin of the fire or explosion. Law
 1093  enforcement officers may conduct such initial investigation.
 1094         (b) If the fire or explosion occurs in a municipality,
 1095  county, or special district that does not have an organized fire
 1096  department or designated arson investigations unit within its
 1097  law enforcement providers, the municipality, county, or special
 1098  district may request the State Fire Marshal to conduct the
 1099  initial investigation.
 1100         (c) The division shall adopt rules to assist local fire
 1101  officials and law enforcement officers in determining the
 1102  established responsibilities with respect to the initial or
 1103  preliminary assessment of fire and explosion scenes, and the
 1104  determination of whether probable cause exists to refer such
 1105  scenes to the State Fire Marshal for an investigation.
 1106         Section 7. Section 633.111, Florida Statutes, is
 1107  transferred, renumbered as subsections (7) and (8) of section
 1108  633.112, Florida Statutes, and amended to read:
 1109         633.112State Fire Marshal; hearings; investigations;
 1110  recordkeeping and reports; subpoenas of witnesses; orders of
 1111  circuit court investigatory powers of State Fire Marshal; costs
 1112  of service and witness fees.—
 1113         (7) The State Fire Marshal shall keep in her or his office
 1114  a record of all fires and explosions occurring in this state
 1115  upon which she or he had caused an investigation to be made and
 1116  all facts concerning the same. These records, obtained or
 1117  prepared by the State Fire Marshal pursuant to her or his
 1118  investigation, include documents, papers, letters, maps,
 1119  diagrams, tapes, photographs, films, sound recordings, and
 1120  evidence. These records are confidential and exempt from the
 1121  provisions of s. 119.07(1) until the investigation is completed
 1122  or ceases to be active. For purposes of this section, an
 1123  investigation is considered “active” while such investigation is
 1124  being conducted by the department with a reasonable, good faith
 1125  belief that it may lead to the filing of administrative, civil,
 1126  or criminal proceedings. An investigation does not cease to be
 1127  active if the department is proceeding with reasonable dispatch,
 1128  and there is a good faith belief that action may be initiated by
 1129  the department or other administrative or law enforcement
 1130  agency. Further, these documents, papers, letters, maps,
 1131  diagrams, tapes, photographs, films, sound recordings, and
 1132  evidence relative to the subject of an investigation shall not
 1133  be subject to subpoena until the investigation is completed or
 1134  ceases to be active, unless the State Fire Marshal consents.
 1135  These records shall be made daily from the reports furnished the
 1136  State Fire Marshal by her or his agents or others.
 1137         (8) Whenever the State Fire Marshal releases an
 1138  investigative report, any person requesting a copy of the report
 1139  shall pay in advance, and the State Fire Marshal shall collect
 1140  in advance, notwithstanding the provisions of s. 624.501(19)(a)
 1141  and (b), a fee of $10 for the copy of the report, which fee
 1142  shall be deposited into the Insurance Regulatory Trust Fund. The
 1143  State Fire Marshal may release the report without charge to any
 1144  state attorney or to any law enforcement agency or fire
 1145  department assisting in the investigation.
 1146         Section 8. Section 633.02, Florida Statutes, is
 1147  transferred, renumbered as section 633.114, Florida Statutes,
 1148  and amended to read:
 1149         633.114 633.02State Fire Marshal agents Agents; authority;
 1150  powers and duties; compensation.—
 1151         (1) The State Fire Marshal shall appoint such agents as may
 1152  be necessary to carry out effectively the provisions of this
 1153  chapter, who shall be reimbursed for travel expenses as provided
 1154  in s. 112.061, in addition to their salary, when traveling or
 1155  making investigations in the performance of their duties. Such
 1156  agents shall be at all times under the direction and control of
 1157  the State Fire Marshal, who shall fix their compensation, and
 1158  all orders shall be issued in the State Fire Marshal’s name and
 1159  by her or his authority.
 1160         (2) The authority given the State Fire Marshal under this
 1161  chapter may be exercised by her or his agents, individually or
 1162  in conjunction with any other state or local official charged
 1163  with similar responsibilities.
 1164         Section 9. Section 633.14, Florida Statutes, is transferred
 1165  and renumbered as section 633.116, Florida Statutes.
 1166         Section 10. Section 633.121, Florida Statutes, is
 1167  transferred, renumbered as section 633.118, Florida Statutes,
 1168  and amended to read:
 1169         633.118 633.121 Persons authorized to enforce laws and
 1170  rules of State Fire Marshal.—The chiefs of county, municipal,
 1171  and special-district fire service providers departments; other
 1172  fire service provider department personnel designated by their
 1173  respective chiefs; and personnel designated by local governments
 1174  having no organized fire service providers departments are
 1175  authorized to enforce this chapter law and all rules prescribed
 1176  by the State Fire Marshal within their respective jurisdictions.
 1177  Such personnel acting under the authority of this section shall
 1178  be deemed to be agents of their respective jurisdictions, not
 1179  agents of the State Fire Marshal.
 1180         Section 11. Section 633.151, Florida Statutes, is
 1181  transferred, renumbered as section 633.122, Florida Statutes,
 1182  and amended to read:
 1183         633.122 633.151 Impersonating State Fire Marshal,
 1184  firefighter firefighters, volunteer firefighter, or firesafety
 1185  inspector; criminal penalties.—A person who falsely assumes or
 1186  pretends to be the State Fire Marshal, an agent of the division
 1187  of State Fire Marshal, a firefighter as defined in s. 112.81, a
 1188  volunteer firefighter, or a firesafety inspector by identifying
 1189  herself or himself as the State Fire Marshal, an agent of the
 1190  division, a firefighter, a volunteer firefighter, or a
 1191  firesafety inspector by wearing a uniform or presenting or
 1192  displaying a badge as credentials that would cause a reasonable
 1193  person to believe that she or he is a State Fire Marshal, an
 1194  agent of the division, a firefighter, a volunteer firefighter,
 1195  or firesafety inspector commits and who acts as such to require
 1196  a person to aid or assist him or her in any matter relating to
 1197  the duties of the State Fire Marshal, an agent of the division,
 1198  a firefighter, or a firesafety inspector is guilty of a felony
 1199  of the third degree, punishable as provided in ss. 775.082 and
 1200  775.083 or, if the impersonation occurs during the commission of
 1201  a separate felony by that person, commits is guilty of a felony
 1202  of the first degree, punishable as provided in ss. 775.082 and
 1203  775.083.
 1204         Section 12. Section 633.171, Florida Statutes, is
 1205  transferred and renumbered as section 633.124, Florida Statutes,
 1206  and subsections (1) and (2) and paragraph (b) of subsection (3)
 1207  of that section are amended, to read:
 1208         633.124 633.171 Penalty for violation of law, rule, or
 1209  order to cease and desist or for failure to comply with
 1210  corrective order.—
 1211         (1) A Any person who violates any provision of this chapter
 1212  law, any order or rule of the State Fire Marshal, or any order
 1213  to cease and desist or to correct conditions issued under this
 1214  chapter commits a misdemeanor of the second degree, punishable
 1215  as provided in s. 775.082 or s. 775.083.
 1216         (2) It is a misdemeanor of the first degree, punishable as
 1217  provided in s. 775.082 or s. 775.083, to intentionally or
 1218  willfully:
 1219         (a) Render a fire protection system, fire extinguisher, or
 1220  preengineered system required by statute or by rule inoperative
 1221  except while during such time as the fire protection system,
 1222  fire extinguisher, or preengineered system is being serviced,
 1223  hydrotested, tested, repaired, or recharged, except pursuant to
 1224  court order.
 1225         (b) Obliterate the serial number on a fire extinguisher for
 1226  purposes of falsifying service records.
 1227         (c) Improperly service, recharge, repair, hydrotest, test,
 1228  or inspect a fire extinguisher or preengineered system.
 1229         (d) Use the license, certificate, or permit number of
 1230  another person.
 1231         (e) Hold a license, certificate, or permit and allow
 1232  another person to use the license, certificate, or said permit
 1233  number.
 1234         (f) Use, or allow permit the use of, any license,
 1235  certificate, or permit by any individual or organization other
 1236  than the one to whom the license, certificate, or permit is
 1237  issued.
 1238         (3)
 1239         (b) A person who initiates a pyrotechnic display within any
 1240  structure commits a felony of the third degree, punishable as
 1241  provided in s. 775.082, s. 775.083, or s. 775.084, unless:
 1242         1. The structure has a fire protection system installed in
 1243  compliance with s. 633.334 633.065.
 1244         2. The owner of the structure has authorized in writing the
 1245  pyrotechnic display.
 1246         3. If the local jurisdiction requires a permit for the use
 1247  of a pyrotechnic display in an occupied structure, such permit
 1248  has been obtained and all conditions of the permit complied with
 1249  or, if the local jurisdiction does not require a permit for the
 1250  use of a pyrotechnic display in an occupied structure, the
 1251  person initiating the display has complied with National Fire
 1252  Protection Association, Inc., Standard 1126, 2001 Edition,
 1253  Standard for the Use of Pyrotechnics before a Proximate
 1254  Audience.
 1255         Section 13. Section 633.175, Florida Statutes, is
 1256  transferred and renumbered as section 633.126, Florida Statutes,
 1257  and subsections (1), (2), (3), (6), and (9) of that section are
 1258  amended, to read:
 1259         633.126 633.175 Investigation of fraudulent insurance
 1260  claims and crimes; immunity of insurance companies supplying
 1261  information.—
 1262         (1)(a) As used in this section, the term “consultant” means
 1263  any individual or entity, or employee of the individual or
 1264  entity, retained by an insurer to assist in the investigation of
 1265  a fire, explosion, or suspected fraudulent insurance act.
 1266         (b) The State Fire Marshal or an agent appointed pursuant
 1267  to s. 633.114 633.02, any law enforcement officer as defined in
 1268  s. 111.065, any law enforcement officer of a federal agency, or
 1269  any fire service provider department official who is engaged in
 1270  the investigation of a fire or explosion loss may request any
 1271  insurance company or its agent, adjuster, employee, or attorney,
 1272  investigating a claim under an insurance policy or contract with
 1273  respect to a fire or explosion to release any information
 1274  whatsoever in the possession of the insurance company or its
 1275  agent, adjuster, employee, or attorney relative to a loss from
 1276  that fire or explosion. The insurance company shall release the
 1277  available information to and cooperate with any official
 1278  authorized to request such information pursuant to this section.
 1279  The information shall include, but shall not be limited to:
 1280         1.(a) Any insurance policy relevant to a loss under
 1281  investigation and any application for such a policy.
 1282         2.(b) Any policy premium payment records.
 1283         3.(c) The records, reports, and all material pertaining to
 1284  any previous claims made by the insured with the reporting
 1285  company.
 1286         4.(d) Material relating to the investigation of the loss,
 1287  including statements of a any person, proof of loss, and other
 1288  relevant evidence.
 1289         5.(e) Memoranda, notes, and correspondence relating to the
 1290  investigation of the loss in the possession of the insurance
 1291  company or its agents, adjusters, employees, or attorneys.
 1292         (2) If an insurance company has reason to suspect that a
 1293  fire or explosion loss to its insured’s real or personal
 1294  property was caused by intentional incendiary means, the company
 1295  shall notify the State Fire Marshal and shall furnish her or him
 1296  with all material acquired by the company during the course of
 1297  its investigation. The State Fire Marshal may adopt rules to
 1298  implement this subsection.
 1299         (3) In the absence of fraud, bad faith, or malice, a no
 1300  representative of or consultant to an insurance company or of
 1301  the National Insurance Crime Bureau employed to adjust or
 1302  investigate losses caused by fire or explosion is not shall be
 1303  liable for damages in a civil action for furnishing information
 1304  concerning fires or explosion suspected to be other than
 1305  accidental to investigators employed by other insurance
 1306  companies or the National Insurance Crime Bureau.
 1307         (6) The actions of an insurance company or of its agents,
 1308  employees, adjusters, consultants, or attorneys, in complying
 1309  with the statutory obligation of this section may not shall in
 1310  no way be construed by a court as a waiver or abandonment of any
 1311  privilege or confidentiality of attorney work product, attorney
 1312  client communication, or such other privilege or immunity as is
 1313  provided by law.
 1314         (9) A Any person who willfully violates the provisions of
 1315  this section commits is guilty of a misdemeanor of the first
 1316  degree, punishable as provided in s. 775.082 or s. 775.083.
 1317         Section 14. Section 633.45, Florida Statutes, is
 1318  transferred, renumbered as section 633.128, Florida Statutes,
 1319  and amended to read:
 1320         633.128 633.45 Division of State Fire Marshal; powers,
 1321  duties.—
 1322         (1) The division shall:
 1323         (a) Establish, by rule, uniform minimum standards for the
 1324  employment and training of firefighters and volunteer
 1325  firefighters.
 1326         (b) Establish, by rule, minimum curriculum requirements and
 1327  criteria used to approve education or training providers,
 1328  including for schools operated by or for any fire service
 1329  provider, employing agency for the specific purpose of training
 1330  individuals seeking to become a firefighter recruits or
 1331  volunteer firefighter firefighters.
 1332         (c) Specify, by rule, standards for the approval, denial of
 1333  approval, probation, suspension, and revocation of approval of
 1334  education or training providers and facilities for training
 1335  firefighters and volunteer firefighters Approve institutions,
 1336  instructors, and facilities for school operation by or for any
 1337  employing agency for the specific purpose of training
 1338  firefighters and firefighter recruits.
 1339         (d) Specify, by rule, standards for the certification,
 1340  denial of certification, probation, and revocation of
 1341  certification for instructors, approval, denial of approval,
 1342  probation, and revocation of approval of institutions,
 1343  instructors, and facilities for training firefighters and
 1344  firefighter recruits; including a rule requiring each that an
 1345  instructor to must complete 40 hours of continuing education
 1346  every 4 3 years in order to maintain her or his certification
 1347  the approval of the department.
 1348         (e) Issue certificates of competency to persons who, by
 1349  reason of experience and completion of basic inservice training,
 1350  advanced education, or specialized training, are especially
 1351  qualified for particular aspects or classes of firefighting
 1352  firefighter duties.
 1353         (f) Establish, by rule, minimum training qualifications for
 1354  persons serving as firesafety coordinators for their respective
 1355  departments of state government and certify all persons who
 1356  satisfy such qualifications.
 1357         (g) Establish a uniform lesson plan to be followed by
 1358  firesafety instructors in the training of state employees in
 1359  firesafety and emergency evacuation procedures.
 1360         (h) Have complete jurisdiction over, and complete
 1361  management and control of, the Florida State Fire College and be
 1362  invested with full power and authority to make all rules and
 1363  regulations necessary for the governance of the said
 1364  institution.
 1365         (i) Appoint a superintendent of the Florida State Fire
 1366  College and such other instructors, experimental helpers, and
 1367  laborers as may be necessary and remove the same as in the
 1368  division’s its judgment and discretion may be best, fix their
 1369  compensation, and provide for their payment.
 1370         (j) Have full management, possession, and control of the
 1371  lands, buildings, structures, and property belonging to the
 1372  Florida State Fire College.
 1373         (k) Provide for the courses of study and curriculum of the
 1374  Florida State Fire College.
 1375         (l) Make rules and regulations for the admission of
 1376  trainees to the Florida State Fire College.
 1377         (m) Visit and inspect the Florida State Fire College and
 1378  every department thereof and provide for the proper keeping of
 1379  accounts and records thereof.
 1380         (n) Make and prepare all necessary budgets of expenditures
 1381  for the enlargement, proper furnishing, maintenance, support,
 1382  and conduct of the Florida State Fire College.
 1383         (o) Select and purchase all property, furniture, fixtures,
 1384  and paraphernalia necessary for the Florida State Fire College.
 1385         (p) Build, construct, change, enlarge, repair, and maintain
 1386  any and all buildings or structures of the Florida State Fire
 1387  College that may at any time be necessary for the said
 1388  institution and purchase and acquire all lands and property
 1389  necessary for same, of every nature and description whatsoever.
 1390         (q) Care for and maintain the Florida State Fire College
 1391  and do and perform every other matter or thing requisite to the
 1392  proper management, maintenance, support, and control of the said
 1393  institution, necessary or requisite to carry out fully the
 1394  purpose of this chapter act and for raising it to, and
 1395  maintaining it at, the proper efficiency and standard as
 1396  required in and by part IV the provisions of ss. 633.43-633.49.
 1397         (r) Issue a license, certificate, or permit of a specific
 1398  class to an individual who successfully completes the training,
 1399  education, and examination required under this chapter or by
 1400  rule for such class of license, certificate, or permit.
 1401         (2) The division, subject to the limitations and
 1402  restrictions elsewhere herein imposed in this chapter, may:
 1403         (a) Adopt rules and regulations for the administration of
 1404  this chapter ss. 633.30-633.49 pursuant to chapter 120.
 1405         (b) Adopt a seal and alter the same at its pleasure.
 1406         (c) Sue and be sued.
 1407         (d) Acquire any real or personal property by purchase,
 1408  gift, or donation, and have water rights.
 1409         (e) Exercise the right of eminent domain to acquire any
 1410  property and lands necessary to the establishment, operation,
 1411  and expansion of the Florida State Fire College.
 1412         (f) Make contracts and execute necessary or convenient
 1413  instruments.
 1414         (g) Undertake by contract or contracts, or by its own agent
 1415  and employees, and otherwise than by contract, any project or
 1416  projects, and operate and maintain such projects.
 1417         (h) Accept grants of money, materials, or property of any
 1418  kind from a federal agency, private agency, county,
 1419  municipality, city, town, corporation, partnership, or
 1420  individual upon such terms and conditions as the grantor may
 1421  impose.
 1422         (i) Perform all acts and do all things necessary or
 1423  convenient to carry out the powers granted herein and the
 1424  purposes of this chapter ss. 633.30-633.49.
 1425         (3) The title to all property referred to in part IV ss.
 1426  633.43-633.49, however acquired, shall be vested in the
 1427  department and shall only be transferred and conveyed by it.
 1428         Section 15. Section 633.132, Florida Statutes, is created
 1429  to read:
 1430         633.132 Fees.—
 1431         (1) The division shall collect in advance the following
 1432  fees that it deems necessary to be charged:
 1433         (a) Pursuant to part III of this chapter:
 1434         1. Contractor certificate initial application: $300 for
 1435  each class of certificate.
 1436         2. Contractor biennial renewal fee: $150 for each class of
 1437  certificate.
 1438         3. Contractor permit initial application fee: $100 for each
 1439  class of permit.
 1440         4. Contractor permit biennial renewal fee: $50 for each
 1441  class of permit.
 1442         5. Contractor examination or reexamination fee: $100 for
 1443  each class of certificate.
 1444         6. Fire equipment dealer license:
 1445         a. Class A: $250.
 1446         b. Class B: $150.
 1447         c. Class C: $150.
 1448         d. Class D: $200.
 1449         7. Fire equipment dealer or contractor application and
 1450  renewal fee for an inactive license: $75.
 1451         8. Fire equipment dealer license or permit exam or
 1452  reexamination: $50.
 1453         9. Reinspection fee for a dealer equipment inspection
 1454  conducted by the State Fire Marshal under s. 633.304(1): $50 for
 1455  each reinspection.
 1456         10. Permit for a portable fire extinguisher
 1457  installer/repairer/inspector: $90.
 1458         11. Permit for a preengineered fire extinguishing system
 1459  installer/repairer/inspector: $120.
 1460         12. Conversion of a fire equipment dealer’s license to a
 1461  different category: $10 for each permit and license.
 1462         (b) Pursuant to part IV of this chapter:
 1463         1. Certificate of compliance: $30.
 1464         2. Certificate of competency: $30.
 1465         3. Renewal fee for a certificate of compliance, competency,
 1466  or instruction: $15.
 1467         (c) Duplicate or change of address for any license, permit,
 1468  or certificate: $10.
 1469         (2) All moneys collected by the State Fire Marshal pursuant
 1470  to this chapter shall be deposited into the Insurance Regulatory
 1471  Trust Fund.
 1472         Section 16. Section 633.39, Florida Statutes, is
 1473  transferred and renumbered as section 633.134, Florida Statutes.
 1474         Section 17. Section 633.115, Florida Statutes, is
 1475  transferred, renumbered as section 633.136, Florida Statutes,
 1476  and amended to read:
 1477         633.136 633.115 Fire and Emergency Incident Information
 1478  Reporting Program; duties; fire reports.—
 1479         (1)(a) The Fire and Emergency Incident Information
 1480  Reporting Program is created within the division of State Fire
 1481  Marshal. The program shall:
 1482         1. Establish and maintain an electronic communication
 1483  system capable of transmitting fire and emergency incident
 1484  information to and between fire protection agencies.
 1485         2. Initiate a Fire and Emergency Incident Information
 1486  Reporting System that shall be responsible for:
 1487         a. Receiving fire and emergency incident information from
 1488  fire protection agencies.
 1489         b. Preparing and disseminating annual reports to the
 1490  Governor, the President of the Senate, the Speaker of the House
 1491  of Representatives, fire protection agencies, and, upon request,
 1492  the public. Each report shall include, but not be limited to,
 1493  the information listed in the National Fire Incident Reporting
 1494  System.
 1495         c. Upon request, providing other states and federal
 1496  agencies with fire and emergency incident data of this state.
 1497         3. Adopt rules to effectively and efficiently implement,
 1498  administer, manage, maintain, and use the Fire and Emergency
 1499  Incident Information Reporting Program. The rules shall be
 1500  considered minimum requirements and shall not preclude a fire
 1501  protection agency from implementing its own requirements which
 1502  may shall not conflict with the rules of the division of State
 1503  Fire Marshal.
 1504         4. By rule, establish procedures and a format for each fire
 1505  protection agency to voluntarily monitor its records and submit
 1506  reports to the program.
 1507         5. Establish an electronic information database that which
 1508  is accessible and searchable by fire protection agencies.
 1509         (b) The division of State Fire Marshal shall consult with
 1510  the Florida Forest Service of the Department of Agriculture and
 1511  Consumer Services and the State Surgeon General of the
 1512  Department of Health to coordinate data, ensure accuracy of the
 1513  data, and limit duplication of efforts in data collection,
 1514  analysis, and reporting.
 1515         (2) The Fire and Emergency Incident Information System
 1516  Technical Advisory Panel is created within the division of State
 1517  Fire Marshal. The panel shall advise, review, and recommend to
 1518  the State Fire Marshal with respect to the requirements of this
 1519  section. The membership of the panel shall consist of the
 1520  following 15 members:
 1521         (a) The current 13 members of the Firefighters Employment,
 1522  Standards, and Training Council as established in s. 633.402
 1523  633.31.
 1524         (b) One member from the Florida Forest Service of the
 1525  Department of Agriculture and Consumer Services, appointed by
 1526  the director of the Florida Forest Service.
 1527         (c) One member from the Department of Health, appointed by
 1528  the State Surgeon General.
 1529         (3) For the purpose of this section, the term “fire
 1530  protection agency” shall be defined by rule by the division of
 1531  State Fire Marshal.
 1532         Section 18. Section 633.138, Florida Statutes, is created
 1533  to read:
 1534         633.138 Notice of change of address of record; notice of
 1535  felony actions.—
 1536         (1) Any individual issued a license, permit, or certificate
 1537  under this chapter shall notify the division in writing of any
 1538  changes to her or his current mailing address, e-mail address,
 1539  and place of practice as specified in rule adopted by the
 1540  division.
 1541         (2) Notwithstanding any other provision of law, delivery by
 1542  regular mail or e-mail to a licensee, permittee, or
 1543  certificateholder, using the last known mailing address or e
 1544  mail address on record with the division, constitutes adequate
 1545  and sufficient notice to the licensee, permittee, or
 1546  certificateholder of any official communication by the division.
 1547         (3) Any individual issued a license, permit, or certificate
 1548  under this chapter shall notify the division in writing within
 1549  30 days after pleading guilty or nolo contendere to, or being
 1550  convicted or found guilty of, any felony or a crime punishable
 1551  by imprisonment of 1 year or more under the law of the United
 1552  States or of any state thereof, or under the law of any other
 1553  country, without regard to whether a judgment of conviction has
 1554  been entered by the court having jurisdiction of the case.
 1555         Section 19. Section 633.042, Florida Statutes, is
 1556  transferred and renumbered as section 633.142, Florida Statutes,
 1557  and subsection (11) of that section is amended, to read:
 1558         633.142 633.042 Reduced Cigarette Ignition Propensity
 1559  Standard and Firefighter Protection Act; preemption.—
 1560         (11) PREEMPTION.—
 1561         (a) This section shall be repealed if a federal reduced
 1562  cigarette ignition propensity standard that preempts this
 1563  section is adopted and becomes effective.
 1564         (b)Notwithstanding any other provision of law, local
 1565  governmental units of this state may not enact or enforce any
 1566  ordinance or other local law or rule conflicting with, or
 1567  preempted by, any provision of this act or any policy of this
 1568  state expressed by this act, whether that policy be expressed by
 1569  inclusion of a provision in this act or by exclusion of that
 1570  subject from this act.
 1571         Section 20. The Division of Law Revision and Information is
 1572  requested to create part II of chapter 633, Florida Statutes,
 1573  consisting of sections 633.202, 633.204, 633.206, 633.208,
 1574  633.212, 633.214, 633.216, 633.218, 633.222, 633.224, 633.226,
 1575  and 633.228, Florida Statutes, to be entitled “Fire Safety and
 1576  Prevention.”
 1577         Section 21. Section 633.0215, Florida Statutes, is
 1578  transferred and renumbered as section 633.202, Florida Statutes,
 1579  and subsections (2), (4), (7), (9), (10), and (12) through (15)
 1580  of that section are amended, to read:
 1581         633.202 633.0215 Florida Fire Prevention Code.—
 1582         (2) The State Fire Marshal shall adopt the current edition
 1583  of the National Fire Protection Association’s Standard 1, Fire
 1584  Prevention Code but may shall not adopt a building, mechanical,
 1585  or plumbing code. The State Fire Marshal shall adopt the current
 1586  edition of the Life Safety Code, NFPA Pamphlet 101, current
 1587  editions, by reference. The State Fire Marshal may modify the
 1588  selected codes and standards as needed to accommodate the
 1589  specific needs of the state. Standards or criteria in the
 1590  selected codes shall be similarly incorporated by reference. The
 1591  State Fire Marshal shall incorporate within sections of the
 1592  Florida Fire Prevention Code provisions that address uniform
 1593  firesafety standards as established in s. 633.206 633.022. The
 1594  State Fire Marshal shall incorporate within sections of the
 1595  Florida Fire Prevention Code provisions addressing regional and
 1596  local concerns and variations.
 1597         (4) The State Fire Marshal shall update, by rule adopted
 1598  pursuant to ss. 120.536(1) and 120.54, the Florida Fire
 1599  Prevention Code every 3 years. Once initially adopted and
 1600  subsequently updated, the Florida Fire Prevention Code and the
 1601  Life Safety Code shall be adopted for use statewide without
 1602  adoptions by local governments. When updating the Florida Fire
 1603  Prevention Code and the most recent edition of the Life Safety
 1604  Code, the State Fire Marshal shall consider changes made by the
 1605  national model fire codes incorporated into the Florida Fire
 1606  Prevention Code, the State Fire Marshal’s own interpretations,
 1607  declaratory statements, appellate decisions, and approved
 1608  statewide and local technical amendments.
 1609         (7) Any local amendment adopted by a local government must
 1610  strengthen the Fire Prevention Code requirements of the minimum
 1611  firesafety code.
 1612         (9) The State Fire Marshal shall make rules that implement
 1613  this section and ss. 633.104 and 633.208 633.01 and 633.025 for
 1614  the purpose of accomplishing the objectives set forth in those
 1615  sections.
 1616         (10) Notwithstanding other provisions of this chapter, if a
 1617  county or a municipality within that county adopts an ordinance
 1618  providing for a local amendment to the Florida Fire Prevention
 1619  Code and that amendment provides a higher level of protection to
 1620  the public than the level specified in the Florida Fire
 1621  Prevention Code, the local amendment becomes effective without
 1622  approval of the State Fire Marshal and is not rescinded pursuant
 1623  to the provisions of this section, provided that the ordinance
 1624  meets one or more of the following criteria:
 1625         (a) The local authority has adopted, by ordinance, a fire
 1626  service facilities and operation plan that outlines goals and
 1627  objectives for related equipment, personnel, and capital
 1628  improvement needs of the local authority related to the specific
 1629  amendment for the next 5 years;
 1630         (b) The local authority has adopted, by ordinance, a
 1631  provision requiring proportionate reduction in, or rebate or
 1632  waivers of, impact or other fees or assessments levied on
 1633  buildings that are built or modified in compliance with the more
 1634  stringent firesafety standards required by the local amendment;
 1635  or
 1636         (c) The local authority has adopted, by ordinance, a growth
 1637  management plan that requires buildings and structures to be
 1638  equipped with more stringent firesafety requirements required by
 1639  the local amendment when these firesafety requirements are used
 1640  as the basis for planning infrastructure development, uses, or
 1641  housing densities.
 1642  
 1643  Except as provided in s. 633.206 633.022, the local appeals
 1644  process shall be the venue if there is a dispute between parties
 1645  affected by the provisions of the more stringent local
 1646  firesafety amendment adopted as part of the Florida Fire
 1647  Prevention Code pursuant to the authority in this subsection.
 1648  Local amendments adopted pursuant to this subsection shall be
 1649  deemed local or regional variations and published as such in the
 1650  Florida Fire Prevention Code. The act of publishing locally
 1651  adopted firesafety amendments to the Florida Fire Prevention
 1652  Code may shall not be construed to mean that the State Fire
 1653  Marshal approves or denies the authenticity or appropriateness
 1654  of the locally adopted firesafety provision, and the burden of
 1655  protecting the local firesafety amendment remains solely with
 1656  the adopting local governmental authority.
 1657         (12) Notwithstanding other provisions of this section, the
 1658  State Fire Marshal shall study the use of managed, facilities
 1659  based, voice-over-Internet-protocol telephone service for
 1660  monitoring fire alarm signals. If the study determines that
 1661  voice-over-Internet-protocol telephone service technology
 1662  provides a level of protection equivalent to that required by
 1663  NFPA 72: National Fire Alarm Code, the State Fire Marshal shall
 1664  initiate rulemaking pursuant to ss. 120.536(1) and 120.54 by
 1665  December 1, 2008, to allow the use of this technology as an
 1666  additional method of monitoring fire alarm systems.
 1667         (12)(13)(a) The State Fire Marshal shall issue an expedited
 1668  declaratory statement relating to interpretations of provisions
 1669  of the Florida Fire Prevention Code according to the following
 1670  guidelines:
 1671         1. The declaratory statement shall be rendered in
 1672  accordance with s. 120.565, except that a final decision must be
 1673  issued by the State Fire Marshal within 45 days after the
 1674  division’s receipt of a petition seeking an expedited
 1675  declaratory statement. The State Fire Marshal shall give notice
 1676  of the petition and the expedited declaratory statement or the
 1677  denial of the petition in the next available issue of the
 1678  Florida Administrative Register Weekly after the petition is
 1679  filed and after the statement or denial is rendered.
 1680         2. The petitioner must be the owner of the disputed project
 1681  or the owner’s representative.
 1682         3. The petition for an expedited declaratory statement must
 1683  be:
 1684         a. Related to an active project that is under construction
 1685  or must have been submitted for a permit.
 1686         b. The subject of a written notice citing a specific
 1687  provision of the Florida Fire Prevention Code which is in
 1688  dispute.
 1689         c. Limited to a single question that is capable of being
 1690  answered with a “yes” or “no” response.
 1691         (b) A petition for a declaratory statement which does not
 1692  meet all of the requirements of this subsection must be denied
 1693  without prejudice. This subsection does not affect the right of
 1694  the petitioner as a substantially affected person to seek a
 1695  declaratory statement under s. 633.104(6) 633.01(6).
 1696         (13)(14) A condominium, cooperative, or multifamily
 1697  residential building that is less than four stories in height
 1698  and has an exterior corridor providing a means of egress is
 1699  exempt from installing a manual fire alarm system as required in
 1700  s. 9.6 of the most recent edition of the Life Safety Code
 1701  adopted in the Florida Fire Prevention Code. This is intended to
 1702  clarify existing law.
 1703         (14)(15) The Legislature finds that the electronic filing
 1704  of construction plans will increase governmental efficiency,
 1705  reduce costs, and increase timeliness of processing permits. If
 1706  the fire code administrator or fire official provides for
 1707  electronic filing, any construction plans, drawings,
 1708  specifications, reports, final documents, or documents prepared
 1709  or issued by a licensee may be dated and electronically signed
 1710  and sealed by the licensee in accordance with part I of chapter
 1711  668, and may be transmitted electronically to the fire code
 1712  administrator or fire official for approval.
 1713         Section 22. Section 633.72, Florida Statutes, is
 1714  transferred, renumbered as section 633.204, Florida Statutes,
 1715  and amended to read:
 1716         633.204 633.72 Florida Fire Code Advisory Council.—
 1717         (1) There is created within the department the Florida Fire
 1718  Code Advisory Council with 11 members appointed by the State
 1719  Fire Marshal. The council shall advise and recommend to the
 1720  State Fire Marshal changes to and interpretation of the uniform
 1721  firesafety standards adopted under s. 633.206 633.022, the
 1722  Florida Fire Prevention Code, and those portions of the Florida
 1723  Fire Prevention Code that have the effect of conflicting with
 1724  building construction standards that are adopted pursuant to ss.
 1725  633.202 and 633.206 633.0215 and 633.022. The members of the
 1726  council shall represent the following groups and professions:
 1727         (a) One member shall be the State Fire Marshal, or his or
 1728  her designated appointee who shall be an administrative employee
 1729  of the marshal.;
 1730         (b) One member shall be an administrative officer from a
 1731  fire department representing a municipality, or a county, or a
 1732  special district selected from a list of persons submitted by
 1733  the Florida Fire Chiefs Association.;
 1734         (c) One member shall be an architect licensed in the state
 1735  selected from a list of persons submitted by the Florida
 1736  Association/American Institute of Architects.;
 1737         (d) One member shall be an engineer with fire protection
 1738  design experience registered to practice in the state selected
 1739  from a list of persons submitted by the Florida Engineering
 1740  Society.;
 1741         (e) One member shall be an administrative officer from a
 1742  building department of a county or municipality selected from a
 1743  list of persons submitted by the Building Officials Association
 1744  of Florida.;
 1745         (f) One member shall be a contractor licensed in the state
 1746  selected from a list submitted by the Florida Home Builders
 1747  Association.;
 1748         (g) One member shall be a Florida certified firefighter
 1749  selected from a list submitted by the Florida Professional
 1750  Firefighters’ Association.;
 1751         (h) One member shall be a Florida certified firesafety
 1752  municipal fire inspector selected from a list submitted by the
 1753  Florida Fire Marshals’ and Inspectors’ Marshal’s Association.;
 1754         (i) One member shall be selected from a list submitted by
 1755  the Department of Education.;
 1756         (j) One member shall be selected from a list submitted by
 1757  the Chancellor of the State University System.; and
 1758         (k) One member shall be representative of the general
 1759  public.
 1760         (2) The State Fire Marshal and the Florida Building
 1761  Commission shall coordinate efforts to provide consistency
 1762  between the Florida Building Code and the Florida Fire
 1763  Prevention Code and the Life Safety Code.
 1764         (3) The council shall meet at least semiannually to advise
 1765  the State Fire Marshal’s Office on matters subject to this
 1766  section.
 1767         (4) The council may review proposed changes to the Florida
 1768  Fire Prevention Code and the uniform firesafety standards
 1769  pursuant to s. 633.202(4).
 1770         (5)(3) The council and Florida Building Commission shall
 1771  cooperate through joint representation and coordination of codes
 1772  and standards to resolve conflicts in their development,
 1773  updating, and interpretation.
 1774         (6)(4) Each appointee shall serve a 4-year term. No member
 1775  shall serve more than two consecutive terms. A No member of the
 1776  council may not shall be paid a salary as such member, but each
 1777  shall receive travel and expense reimbursement as provided in s.
 1778  112.061.
 1779         Section 23. Section 633.022, Florida Statutes, is
 1780  transferred and renumbered as section 633.206, Florida Statutes,
 1781  and subsection (1) and paragraph (a) of subsection (4) of that
 1782  section are amended, to read:
 1783         633.206 633.022 Uniform firesafety standards.—The
 1784  Legislature hereby determines that to protect the public health,
 1785  safety, and welfare it is necessary to provide for firesafety
 1786  standards governing the construction and utilization of certain
 1787  buildings and structures. The Legislature further determines
 1788  that certain buildings or structures, due to their specialized
 1789  use or to the special characteristics of the person utilizing or
 1790  occupying these buildings or structures, should be subject to
 1791  firesafety standards reflecting these special needs as may be
 1792  appropriate.
 1793         (1) The department shall establish uniform firesafety
 1794  standards that apply to:
 1795         (a) All new, existing, and proposed state-owned and state
 1796  leased buildings.
 1797         (b) All new, existing, and proposed hospitals, nursing
 1798  homes, assisted living facilities, adult family-care homes,
 1799  correctional facilities, public schools, transient public
 1800  lodging establishments, public food service establishments,
 1801  elevators, migrant labor camps, mobile home parks, lodging
 1802  parks, recreational vehicle parks, recreational camps,
 1803  residential and nonresidential child care facilities, facilities
 1804  for the developmentally disabled, motion picture and television
 1805  special effects productions, tunnels, and self-service gasoline
 1806  stations, of which standards the State Fire Marshal is the final
 1807  administrative interpreting authority.
 1808  
 1809  In the event there is a dispute between the owners of the
 1810  buildings specified in paragraph (b) and a local authority
 1811  requiring a more stringent uniform firesafety standard for
 1812  sprinkler systems, the State Fire Marshal shall be the final
 1813  administrative interpreting authority and the State Fire
 1814  Marshal’s interpretation regarding the uniform firesafety
 1815  standards shall be considered final agency action.
 1816         (4)(a) Notwithstanding any provision of law to the
 1817  contrary, each nursing home licensed under part II of chapter
 1818  400 shall be protected throughout by an approved, supervised
 1819  automatic sprinkler system in accordance with s. 9 of National
 1820  Fire Protection Association, Inc., Life Safety Code, no later
 1821  than December 31, 2010. A nursing home licensee shall submit
 1822  complete sprinkler construction documents to the Agency for
 1823  Health Care Administration for review by December 31, 2008, and
 1824  the licensee must gain final approval to start construction from
 1825  the agency by June 30, 2009. The agency shall grant a 6-month
 1826  extension to a nursing home licensee if the completion and
 1827  submission of the sprinkler construction documents are
 1828  contingent upon the approval of the application for the loan
 1829  guarantee program authorized under s. 633.0245. In such case,
 1830  the agency may extend the deadline for final approval to begin
 1831  construction beyond June 30, 2009, but the deadline may not be
 1832  extended beyond December 31, 2009.
 1833         Section 24. Section 633.025, Florida Statutes, is
 1834  transferred, renumbered as section 633.208, Florida Statutes,
 1835  and amended to read:
 1836         633.208 633.025 Minimum firesafety standards.—
 1837         (1) The Florida Fire Prevention Code and the Life Safety
 1838  Code adopted by the State Fire Marshal, which shall operate in
 1839  conjunction with the Florida Building Code, shall be deemed
 1840  adopted by each municipality, county, and special district with
 1841  firesafety responsibilities. The minimum firesafety codes do
 1842  shall not apply to buildings and structures subject to the
 1843  uniform firesafety standards under s. 633.206 633.022 and
 1844  buildings and structures subject to the minimum firesafety
 1845  standards adopted pursuant to s. 394.879.
 1846         (2) Pursuant to subsection (1), each municipality, county,
 1847  and special district with firesafety responsibilities shall
 1848  enforce the Florida Fire Prevention Code and the Life Safety
 1849  Code as the minimum firesafety code required by this section.
 1850         (3) The most current edition of the National Fire
 1851  Protection Association (NFPA) 101, Life Safety Code, adopted by
 1852  the State Fire Marshal, shall be deemed to be adopted by each
 1853  municipality, county, and special district with firesafety
 1854  responsibilities as part of the minimum firesafety code.
 1855         (3)(4) Such code codes shall be a minimum code codes and a
 1856  municipality, county, or special district with firesafety
 1857  responsibilities may adopt more stringent firesafety standards,
 1858  subject to the requirements of this subsection. Such county,
 1859  municipality, or special district may establish alternative
 1860  requirements to those requirements which are required under the
 1861  minimum firesafety standards on a case-by-case basis, in order
 1862  to meet special situations arising from historic, geographic, or
 1863  unusual conditions, if the alternative requirements result in a
 1864  level of protection to life, safety, or property equal to or
 1865  greater than the applicable minimum firesafety standards. For
 1866  the purpose of this subsection, the term “historic” means that
 1867  the building or structure is listed on the National Register of
 1868  Historic Places of the United States Department of the Interior.
 1869         (a) The local governing body shall determine, following a
 1870  public hearing which has been advertised in a newspaper of
 1871  general circulation at least 10 days before the hearing, if
 1872  there is a need to strengthen the requirements of the minimum
 1873  firesafety code adopted by such governing body. The
 1874  determination must be based upon a review of local conditions by
 1875  the local governing body, which review demonstrates that local
 1876  conditions justify more stringent requirements than those
 1877  specified in the minimum firesafety code for the protection of
 1878  life and property or justify requirements that meet special
 1879  situations arising from historic, geographic, or unusual
 1880  conditions.
 1881         (b) Such additional requirements may shall not be
 1882  discriminatory as to materials, products, or construction
 1883  techniques of demonstrated capabilities.
 1884         (c) Paragraphs (a) and (b) apply solely to the local
 1885  enforcing agency’s adoption of requirements more stringent than
 1886  those specified in the Florida Fire Prevention Code and the Life
 1887  Safety Code that have the effect of amending building
 1888  construction standards. Upon request, the enforcing agency must
 1889  shall provide a person making application for a building permit,
 1890  or any state agency or board with construction-related
 1891  regulation responsibilities, a listing of all such requirements
 1892  and codes.
 1893         (d) A local government which adopts amendments to the
 1894  minimum firesafety code must provide a procedure by which the
 1895  validity of such amendments may be challenged by any
 1896  substantially affected party to test the amendment’s compliance
 1897  with the provisions of this section.
 1898         1. Unless the local government agrees to stay enforcement
 1899  of the amendment, or other good cause is shown, the challenging
 1900  party shall be entitled to a hearing on the challenge within 45
 1901  days.
 1902         2. For purposes of such challenge, the burden of proof
 1903  shall be on the challenging party, but the amendment may shall
 1904  not be presumed to be valid or invalid.
 1905  
 1906  This subsection gives local government the authority to
 1907  establish firesafety codes that exceed the Florida Fire
 1908  Prevention Code minimum firesafety codes and standards adopted
 1909  by the State Fire Marshal. The Legislature intends that local
 1910  government give proper public notice and hold public hearings
 1911  before adopting more stringent firesafety codes and standards. A
 1912  substantially affected person may appeal, to the department, the
 1913  local government’s resolution of the challenge, and the
 1914  department shall determine if the amendment complies with this
 1915  section. Actions of the department are subject to judicial
 1916  review pursuant to s. 120.68. The department shall consider
 1917  reports of the Florida Building Commission, pursuant to part IV
 1918  of chapter 553, when evaluating building code enforcement.
 1919         (4)(5) The new building or structure provisions enumerated
 1920  within the Florida Fire Prevention Code firesafety code adopted
 1921  pursuant to this section shall apply only to buildings or
 1922  structures for which the building permit is issued on or after
 1923  the effective date of the current edition of the Florida Fire
 1924  Prevention Code this act. Subject to the provisions of
 1925  subsection (5) (6), the existing building or structure
 1926  provisions enumerated within the firesafety code adopted
 1927  pursuant to this section shall apply to buildings or structures
 1928  for which the building permit was issued or the building or
 1929  structure was constructed before prior to the effective date of
 1930  this act.
 1931         (5)(6) With regard to existing buildings, the Legislature
 1932  recognizes that it is not always practical to apply any or all
 1933  of the provisions of the Florida Fire Prevention Code minimum
 1934  firesafety code and that physical limitations may require
 1935  disproportionate effort or expense with little increase in fire
 1936  or life safety lifesafety. Prior to applying the minimum
 1937  firesafety code to an existing building, the local fire official
 1938  shall determine that a threat to lifesafety or property exists.
 1939  If a threat to lifesafety or property exists, the fire official
 1940  shall apply the applicable firesafety code for existing
 1941  buildings to the extent practical to assure a reasonable degree
 1942  of lifesafety and safety of property or the fire official shall
 1943  fashion a reasonable alternative which affords an equivalent
 1944  degree of lifesafety and safety of property. The decision of the
 1945  local fire official may be appealed to the local administrative
 1946  board described in s. 553.73.
 1947         (6)(7) Nothing herein shall preclude a municipality,
 1948  county, or special district from requiring a structure to be
 1949  maintained in accordance with the Florida Fire Prevention Code
 1950  applicable firesafety code.
 1951         (7)(8) Electrically operated single station smoke detectors
 1952  required for residential buildings are not required to be
 1953  interconnected within individual living units in all buildings
 1954  having direct access to the outside from each living unit and
 1955  having three stories or less. This subsection does not apply to
 1956  any residential building required to have a manual or an
 1957  automatic fire alarm system.
 1958         (8)(9) The provisions of the Life Safety Code, as contained
 1959  in the Florida Fire Prevention Code, do shall not apply to newly
 1960  constructed one-family and two-family dwellings. However, fire
 1961  sprinkler protection may be permitted by local government in
 1962  lieu of other fire protection-related development requirements
 1963  for such structures. While local governments may adopt fire
 1964  sprinkler requirements for one- and two-family dwellings under
 1965  this subsection, it is the intent of the Legislature that the
 1966  economic consequences of the fire sprinkler mandate on home
 1967  owners be studied before the enactment of such a requirement.
 1968  After the effective date of this act, any local government that
 1969  desires to adopt a fire sprinkler requirement on one- or two
 1970  family dwellings must prepare an economic cost and benefit
 1971  report that analyzes the application of fire sprinklers to one-
 1972  or two-family dwellings or any proposed residential subdivision.
 1973  The report must consider the tradeoffs and specific cost savings
 1974  and benefits of fire sprinklers for future owners of property.
 1975  The report must include an assessment of the cost savings from
 1976  any reduced or eliminated impact fees if applicable, the
 1977  reduction in special fire district tax, insurance fees, and
 1978  other taxes or fees imposed, and the waiver of certain
 1979  infrastructure requirements including the reduction of roadway
 1980  widths, the reduction of water line sizes, increased fire
 1981  hydrant spacing, increased dead-end roadway length and a
 1982  reduction in cul-de-sac sizes relative to the costs from fire
 1983  sprinkling. A failure to prepare an economic report shall result
 1984  in the invalidation of the fire sprinkler requirement to any
 1985  one- or two-family dwelling or any proposed subdivision. In
 1986  addition, a local jurisdiction or utility may not charge any
 1987  additional fee, above what is charged to a non-fire sprinklered
 1988  dwelling, on the basis that a one- or two-family dwelling unit
 1989  is protected by a fire sprinkler system.
 1990         (9)(10) Before imposing a fire sprinkler requirement on any
 1991  one- or two-family dwelling, a local government must provide the
 1992  owner of any one- or two-family dwelling a letter documenting
 1993  specific infrastructure or other tax or fee allowances and
 1994  waivers that are listed in but not limited to those described in
 1995  subsection (8) (9) for the dwelling. The documentation must show
 1996  that the cost savings reasonably approximate the cost of the
 1997  purchase and installation of a fire protection system.
 1998         (10)(11) Notwithstanding the provisions of subsection (8)
 1999  (9), a property owner may shall not be required to install fire
 2000  sprinklers in any residential property based upon the use of
 2001  such property as a rental property or any change in or
 2002  reclassification of the property’s primary use to a rental
 2003  property.
 2004         Section 25. Section 633.026, Florida Statutes, is
 2005  transferred, renumbered as section 633.212, Florida Statutes,
 2006  and amended to read:
 2007         633.212 633.026 Legislative intent; informal
 2008  interpretations of the Florida Fire Prevention Code.—It is the
 2009  intent of the Legislature that the Florida Fire Prevention Code
 2010  be interpreted by fire officials and local enforcement agencies
 2011  in a manner that reasonably and cost-effectively protects the
 2012  public safety, health, and welfare; ensures uniform
 2013  interpretations throughout this state; and provides just and
 2014  expeditious processes for resolving disputes regarding such
 2015  interpretations. It is the further intent of the Legislature
 2016  that such processes provide for the expeditious resolution of
 2017  the issues presented and that the resulting interpretation of
 2018  such issues be published on the website of the division of State
 2019  Fire Marshal.
 2020         (1) The division of State Fire Marshal shall by rule
 2021  establish an informal process of rendering nonbinding
 2022  interpretations of the Florida Fire Prevention Code. The
 2023  division of State Fire Marshal may contract with and refer
 2024  interpretive issues to a third party, selected based upon cost
 2025  effectiveness, quality of services to be performed, and other
 2026  performance-based criteria, which has experience in interpreting
 2027  and enforcing the Florida Fire Prevention Code. It is the intent
 2028  of the Legislature that the division of State Fire Marshal
 2029  establish a Fire Code Interpretation Committee composed of seven
 2030  persons and seven alternates, equally representing each area of
 2031  the state, to which a party can pose questions regarding the
 2032  interpretation of the Florida Fire Prevention Code provisions.
 2033  The alternate member may respond to a nonbinding interpretation
 2034  if the member notifies the Fire Code Interpretation Committee
 2035  that he or she is unable to respond.
 2036         (2) Each member and alternate member of the Fire Code
 2037  Interpretation Committee must be certified as a firesafety
 2038  inspector pursuant to s. 633.216(2) 633.081(2) and must have a
 2039  minimum of 5 years of experience interpreting and enforcing the
 2040  Florida Fire Prevention Code and the Life Safety Code. Each
 2041  member and alternate member must be approved by the division of
 2042  State Fire Marshal and deemed by the division to have met these
 2043  requirements for at least 30 days before participating in a
 2044  review of a nonbinding interpretation.
 2045         (3) Each nonbinding interpretation of code provisions must
 2046  be provided within 15 10 business days after receipt of a
 2047  request for interpretation. The response period established in
 2048  this subsection may be waived only with the written consent of
 2049  the party requesting the nonbinding interpretation and the
 2050  division of State Fire Marshal. Nonbinding interpretations shall
 2051  be advisory only and nonbinding on the parties or the State Fire
 2052  Marshal.
 2053         (4) In order to administer this section, the division of
 2054  State Fire Marshal shall charge a fee for nonbinding
 2055  interpretations. The fee may not exceed $150 for each request
 2056  for a review or interpretation. The division may authorize
 2057  payment of fees directly to the nonprofit organization under
 2058  contract pursuant to subsection (1).
 2059         (5) A party requesting a nonbinding interpretation who
 2060  disagrees with the interpretation issued under this section may
 2061  apply for a declaratory statement formal interpretation from the
 2062  State Fire Marshal pursuant to s. 633.104(6) 633.01(6).
 2063         (6) The division of State Fire Marshal shall issue or cause
 2064  to be issued a nonbinding interpretation of the Florida Fire
 2065  Prevention Code pursuant to this section when requested to do so
 2066  upon submission of a petition by a fire official or by the owner
 2067  or owner’s representative or the contractor or contractor’s
 2068  representative of a project in dispute. The division shall adopt
 2069  a petition form by rule, and the petition form must be published
 2070  on the State Fire Marshal’s website. The form must shall, at a
 2071  minimum, require:
 2072         (a) The name and address of the local fire official,
 2073  including the address of the county, municipality, or special
 2074  district.
 2075         (b) The name and address of the owner or owner’s
 2076  representative or the contractor or contractor’s representative.
 2077         (c) A statement of the specific sections of the Florida
 2078  Fire Prevention Code being interpreted by the local fire
 2079  official.
 2080         (d) An explanation of how the petitioner’s substantial
 2081  interests are being affected by the local interpretation of the
 2082  Florida Fire Prevention Code.
 2083         (e) A statement of the interpretation of the specific
 2084  sections of the Florida Fire Prevention Code by the local fire
 2085  official.
 2086         (f) A statement of the interpretation that the petitioner
 2087  contends should be given to the specific sections of the Florida
 2088  Fire Prevention Code and a statement supporting the petitioner’s
 2089  interpretation.
 2090         (g) A single question that is capable of being answered
 2091  with a “yes” or “no” response.
 2092         (7) Upon receipt of a petition that meets the requirements
 2093  of subsection (6), the division of State Fire Marshal shall
 2094  immediately provide copies of the petition to the Fire Code
 2095  Interpretation Committee, and shall publish the petition and any
 2096  response submitted by the local fire official on the State Fire
 2097  Marshal’s website.
 2098         (8) The committee shall conduct proceedings as necessary to
 2099  resolve the issues and give due regard to the petition, the
 2100  facts of the matter at issue, specific code sections cited, and
 2101  any statutory implications affecting the Florida Fire Prevention
 2102  Code. The committee shall issue an interpretation regarding the
 2103  provisions of the Florida Fire Prevention Code within 15 10 days
 2104  after the filing of a petition. The committee shall issue an
 2105  interpretation based upon the Florida Fire Prevention Code or,
 2106  if the code is ambiguous, the intent of the code. The
 2107  committee’s interpretation shall be provided to the petitioner
 2108  and shall include a notice that if the petitioner disagrees with
 2109  the interpretation, the petitioner may file a request for a
 2110  declaratory statement formal interpretation by the State Fire
 2111  Marshal under s. 633.104(6) 633.01(6). The committee’s
 2112  interpretation shall be provided to the State Fire Marshal, and
 2113  the division shall publish the declaratory statement
 2114  interpretation on the State Fire Marshal’s website and in the
 2115  Florida Administrative Register Weekly.
 2116         Section 26. Section 633.052, Florida Statutes, is
 2117  transferred and renumbered as section 633.214, Florida Statutes,
 2118  and paragraphs (a) and (b) of subsection (1), paragraph (d) of
 2119  subsection (2), and subsections (3) and (4) of that section are
 2120  amended, to read:
 2121         633.214 633.052 Ordinances relating to firesafety;
 2122  definitions; penalties.—
 2123         (1) As used in this section:
 2124         (a) A “firesafety inspector” is an individual certified by
 2125  the division of State Fire Marshal, officially assigned the
 2126  duties of conducting firesafety inspections of buildings and
 2127  facilities on a recurring or regular basis, investigating civil
 2128  infractions relating to firesafety, and issuing citations
 2129  pursuant to this section on behalf of the state or any county,
 2130  municipality, or special district with firesafety
 2131  responsibilities.
 2132         (b) “Citation” means a written notice, issued only after a
 2133  written warning has been previously issued and a minimum time
 2134  period of 45 days, except for major structural changes, which
 2135  may be corrected within an extended adequate period of time,
 2136  from the date of the issuance of the warning whereby the party
 2137  warned may correct the alleged violation, issued to a person by
 2138  a firesafety inspector, that the firesafety inspector has
 2139  probable cause to believe that the person has committed a civil
 2140  infraction in violation of a duly enacted ordinance and that the
 2141  county court will hear the charge. The citation must shall
 2142  contain:
 2143         1. The date and time of issuance.
 2144         2. The name and address of the person.
 2145         3. The date and time the civil infraction was committed.
 2146         4. The facts constituting probable cause.
 2147         5. The Florida Fire Prevention Code ordinance violated.
 2148         6. The name and authority of the firesafety inspector
 2149  officer.
 2150         7. The procedure for the person to follow in order to pay
 2151  the civil penalty or to contest the citation.
 2152         8. The applicable civil penalty if the person elects to
 2153  contest the citation.
 2154         9. The applicable civil penalty if the person elects not to
 2155  contest the citation.
 2156         10. A conspicuous statement that if the person fails to pay
 2157  the civil penalty within the time allowed or fails to appear in
 2158  court to contest the citation, then she or he shall be deemed to
 2159  have waived her or his right to contest the citation and that,
 2160  in such case, judgment may be entered against the person for an
 2161  amount up to the maximum civil penalty.
 2162         (2) A county or municipality that has created a code
 2163  enforcement board or special magistrate system pursuant to
 2164  chapter 162 may enforce firesafety code violations as provided
 2165  in chapter 162. The governing body of a county or municipality
 2166  which has not created a code enforcement board or special
 2167  magistrate system for firesafety under chapter 162 may is
 2168  authorized to enact ordinances relating to firesafety codes,
 2169  which ordinances shall provide:
 2170         (d) For the issuance of a citation by an officer who has
 2171  probable cause to believe that a person has committed a
 2172  violation of an ordinance relating to firesafety or the Florida
 2173  Fire Prevention Code.
 2174         (3) A person Any person who willfully refuses to sign and
 2175  accept a citation issued by a firesafety inspector commits shall
 2176  be guilty of a misdemeanor of the second degree, punishable as
 2177  provided in s. 775.082 or s. 775.083.
 2178         (4) Nothing contained in This section does not shall
 2179  prevent any county, or municipality, or special district from
 2180  enacting any ordinance relating to firesafety codes which is
 2181  identical to the provisions of this chapter or any state law,
 2182  except as to penalty; however, a no county, or municipal, or
 2183  special district ordinance relating to firesafety codes may not
 2184  shall conflict with the provisions of this chapter or any other
 2185  state law.
 2186         Section 27. Section 633.081, Florida Statutes, is
 2187  transferred and renumbered as section 633.216, Florida Statutes,
 2188  a new subsection (6) is added to that section, and present
 2189  subsections (1) and (2), paragraph (c) of subsection (3), and
 2190  subsections (4) through (9) of that section are amended, to
 2191  read:
 2192         633.216 633.081 Inspection of buildings and equipment;
 2193  orders; firesafety inspection training requirements;
 2194  certification; disciplinary action.—The State Fire Marshal and
 2195  her or his agents or persons authorized to enforce laws and
 2196  rules of the State Fire Marshal shall, at any reasonable hour,
 2197  when the State Fire Marshal has reasonable cause to believe that
 2198  a violation of this chapter or s. 509.215, or a rule adopted
 2199  promulgated thereunder, or a minimum firesafety code adopted by
 2200  the State Fire Marshal or a local authority, may exist, inspect
 2201  any and all buildings and structures which are subject to the
 2202  requirements of this chapter or s. 509.215 and rules adopted
 2203  promulgated thereunder. The authority to inspect shall extend to
 2204  all equipment, vehicles, and chemicals which are located on or
 2205  within the premises of any such building or structure.
 2206         (1) Each county, municipality, and special district that
 2207  has firesafety enforcement responsibilities shall employ or
 2208  contract with a firesafety inspector. Except as provided in s.
 2209  633.312(2) and (3) 633.082(2), the firesafety inspector must
 2210  conduct all firesafety inspections that are required by law. The
 2211  governing body of a county, municipality, or special district
 2212  that has firesafety enforcement responsibilities may provide a
 2213  schedule of fees to pay only the costs of inspections conducted
 2214  pursuant to this subsection and related administrative expenses.
 2215  Two or more counties, municipalities, or special districts that
 2216  have firesafety enforcement responsibilities may jointly employ
 2217  or contract with a firesafety inspector.
 2218         (2) Except as provided in s. 633.312(2) 633.082(2), every
 2219  firesafety inspection conducted pursuant to state or local
 2220  firesafety requirements shall be by a person certified as having
 2221  met the inspection training requirements set by the State Fire
 2222  Marshal. Such person shall meet the requirements of s.
 2223  633.412(1)(a)-(d), and:
 2224         (a) Be a high school graduate or the equivalent as
 2225  determined by the department;
 2226         (b) Not have been found guilty of, or having pleaded guilty
 2227  or nolo contendere to, a felony or a crime punishable by
 2228  imprisonment of 1 year or more under the law of the United
 2229  States, or of any state thereof, which involves moral turpitude,
 2230  without regard to whether a judgment of conviction has been
 2231  entered by the court having jurisdiction of such cases;
 2232         (c) Have her or his fingerprints on file with the
 2233  department or with an agency designated by the department;
 2234         (d) Have good moral character as determined by the
 2235  department;
 2236         (e) Be at least 18 years of age;
 2237         (f) Have satisfactorily completed the firesafety inspector
 2238  certification examination as prescribed by division rule the
 2239  department; and
 2240         (b)(g)1. Have satisfactorily completed, as determined by
 2241  division rule the department, a firesafety inspector training
 2242  program of at least not less than 200 hours established by the
 2243  department and administered by education or training providers
 2244  agencies and institutions approved by the department for the
 2245  purpose of providing basic certification training for firesafety
 2246  inspectors; or
 2247         2. Have received in another state training in another state
 2248  which is determined by the division department to be at least
 2249  equivalent to that required by the department for approved
 2250  firesafety inspector education and training programs in this
 2251  state.
 2252         (3)
 2253         (c)1. To be certified as a firesafety inspector under this
 2254  section, a any person who:
 2255         a. Is a special state firesafety inspector on July 1, 2011,
 2256  and who does not have 5 years of experience as a special state
 2257  firesafety inspector as of July 1, 2011; or
 2258         b. Has 5 years of experience as a special state firesafety
 2259  inspector but has failed the examination taken as provided in
 2260  paragraph (2)(a) (2)(f), must take an additional 80 hours of the
 2261  courses described in paragraph (2)(b) (2)(g).
 2262         2. After successfully completing the courses described in
 2263  this paragraph, such person may take the firesafety inspection
 2264  examination as provided in paragraph (2)(a) (2)(f), if such
 2265  examination is taken before July 1, 2013.
 2266         3. Upon passing the examination, the person shall be
 2267  certified as a firesafety inspector as provided in this section.
 2268         4. A person who fails the course of study or the
 2269  examination described in this paragraph may not perform any
 2270  firesafety inspection required by law on or after July 1, 2013.
 2271         (4) A firefighter certified pursuant to s. 633.408 633.35
 2272  may conduct firesafety inspections, under the supervision of a
 2273  certified firesafety inspector, while on duty as a member of a
 2274  fire department company conducting inservice firesafety
 2275  inspections without being certified as a firesafety inspector,
 2276  if such firefighter has satisfactorily completed an inservice
 2277  fire department company inspector training program of at least
 2278  24 hours’ duration as provided by rule of the department.
 2279         (5) Every firesafety inspector certificate is valid for a
 2280  period of 4 3 years from the date of issuance. Renewal of
 2281  certification is subject to the affected person’s completing
 2282  proper application for renewal and meeting all of the
 2283  requirements for renewal as established under this chapter or by
 2284  rule adopted under this chapter, which must shall include
 2285  completion of at least 54 40 hours during the preceding 4-year
 2286  3-year period of continuing education as required by the rule of
 2287  the department or, in lieu thereof, successful passage of an
 2288  examination as established by the department.
 2289         (6) A previously certified firesafety inspector whose
 2290  certification has lapsed for 8 years or more must repeat the
 2291  fire safety inspector training as specified by the division.
 2292         (7)(6) The State Fire Marshal may deny, refuse to renew,
 2293  suspend, or revoke the certificate of a firesafety inspector if
 2294  the State Fire Marshal finds that any of the following grounds
 2295  exist:
 2296         (a) Any cause for which issuance of a certificate could
 2297  have been refused had it then existed and been known to the
 2298  division State Fire Marshal.
 2299         (b) Violation of this chapter or any rule or order of the
 2300  State Fire Marshal.
 2301         (c) Falsification of records relating to the certificate.
 2302         (d) Having been found guilty of or having pleaded guilty or
 2303  nolo contendere to a felony, whether or not a judgment of
 2304  conviction has been entered.
 2305         (d)(e) Failure to meet any of the renewal requirements.
 2306         (f) Having been convicted of a crime in any jurisdiction
 2307  which directly relates to the practice of fire code inspection,
 2308  plan review, or administration.
 2309         (e)(g) Making or filing a report or record that the
 2310  certificateholder knows to be false, or knowingly inducing
 2311  another to file a false report or record, or knowingly failing
 2312  to file a report or record required by state or local law, or
 2313  knowingly impeding or obstructing such filing, or knowingly
 2314  inducing another person to impede or obstruct such filing.
 2315         (f)(h) Failing to properly enforce applicable fire codes or
 2316  permit requirements within this state which the
 2317  certificateholder knows are applicable by committing willful
 2318  misconduct, gross negligence, gross misconduct, repeated
 2319  negligence, or negligence resulting in a significant danger to
 2320  life or property.
 2321         (g)(i) Accepting labor, services, or materials at no charge
 2322  or at a noncompetitive rate from a any person who performs work
 2323  that is under the enforcement authority of the certificateholder
 2324  and who is not an immediate family member of the
 2325  certificateholder. For the purpose of this paragraph, the term
 2326  “immediate family member” means a spouse, child, parent,
 2327  sibling, grandparent, aunt, uncle, or first cousin of the person
 2328  or the person’s spouse or a any person who resides in the
 2329  primary residence of the certificateholder.
 2330         (8)(7) The division of State Fire Marshal and the Florida
 2331  Building Code Administrators and Inspectors Board, established
 2332  pursuant to s. 468.605, shall enter into a reciprocity agreement
 2333  to facilitate joint recognition of continuing education
 2334  recertification hours for certificateholders licensed under s.
 2335  468.609 and firesafety inspectors certified under subsection
 2336  (2).
 2337         (9)(8) The State Fire Marshal shall develop by rule an
 2338  advanced training and certification program for firesafety
 2339  inspectors having fire code management responsibilities. The
 2340  program must be consistent with the appropriate provisions of
 2341  NFPA 1037, or similar standards adopted by the division, and
 2342  establish minimum training, education, and experience levels for
 2343  firesafety inspectors having fire code management
 2344  responsibilities.
 2345         (10)(9) The department shall provide by rule for the
 2346  certification of firesafety inspectors and Fire Code
 2347  Administrators.
 2348         Section 28. Section 633.085, Florida Statutes, is
 2349  transferred and renumbered as section 633.218, Florida Statutes,
 2350  paragraph (a) of subsection (1) and subsections (2) through (5)
 2351  of that section are amended, and paragraphs (e) and (f) are
 2352  added to subsection (1) of that section, to read:
 2353         633.218 633.085 Inspections of state buildings and
 2354  premises; tests of firesafety equipment; building plans to be
 2355  approved.—
 2356         (1)(a) It is the duty of the State Fire Marshal and her or
 2357  his agents to inspect, or cause to be inspected, each state
 2358  owned building on a recurring basis established by rule, and to
 2359  ensure that high-hazard occupancies are inspected at least
 2360  annually, for the purpose of ascertaining and causing to be
 2361  corrected any conditions liable to cause fire or endanger life
 2362  from fire and any violation of the firesafety standards for
 2363  state-owned buildings, the provisions of this chapter, or the
 2364  rules or regulations adopted and promulgated pursuant hereto.
 2365  The State Fire Marshal shall, within 7 days following an
 2366  inspection, submit a report of such inspection to the head of
 2367  the department of state agency government responsible for the
 2368  building.
 2369         (e) For purposes of this section:
 2370         1.a. The term “high-hazard occupancy” means any building or
 2371  structure:
 2372         (I) That contains combustible or explosive matter or
 2373  flammable conditions dangerous to the safety of life or
 2374  property;
 2375         (II) At which persons receive educational instruction;
 2376         (III) At which persons reside, excluding private dwellings;
 2377  or
 2378         (IV) Containing three or more floor levels.
 2379         b. As used in this subparagraph, the phrase “building or
 2380  structure”:
 2381         (I) Includes, but is not limited to, all hospitals and
 2382  residential health care facilities, nursing homes and other
 2383  adult care facilities, correctional or detention facilities,
 2384  public schools, public lodging establishments, migrant labor
 2385  camps, residential child care facilities, and self-service
 2386  gasoline stations.
 2387         (II) Does not include any residential condominium where the
 2388  declaration of condominium or the bylaws provide that the rental
 2389  of units shall not be permitted for less than 90 days.
 2390         2. The term “state-owned building,” includes private
 2391  correctional facilities as defined under s. 944.710(3).
 2392         (f) A state-owned building or state-leased building or
 2393  space shall be identified through use of the United States
 2394  National Grid Coordinate System.
 2395         (2) The State Fire Marshal and her or his agents may shall
 2396  conduct performance tests on any electronic fire warning and
 2397  smoke detection system, and any pressurized air-handling unit,
 2398  in any state-owned building or state-leased building or space on
 2399  a recurring basis as provided in subsection (1). The State Fire
 2400  Marshal and her or his agents shall also ensure that fire drills
 2401  are conducted in all high-hazard state-owned buildings or high
 2402  hazard state-leased high-hazard occupancies at least annually.
 2403         (3) All construction of any new state-owned building or
 2404  state-leased building or space, or any renovation, alteration,
 2405  or change of occupancy of any existing, state-owned building or
 2406  state-leased building or space must shall comply with the
 2407  uniform firesafety standards of the State Fire Marshal.
 2408         (a) For all new construction or renovation, alteration, or
 2409  change of occupancy of state-leased space, compliance with the
 2410  uniform firesafety standards shall be determined by reviewing
 2411  the plans for the proposed construction or occupancy submitted
 2412  by the lessor to the division of State Fire Marshal for review
 2413  and approval before prior to commencement of construction or
 2414  occupancy, which review shall be completed within 10 working
 2415  days after receipt of the plans by the division of State Fire
 2416  Marshal.
 2417         (b) The plans for all construction of any new, or
 2418  renovation or alteration of any existing, state-owned building
 2419  are subject to the review and approval of the division of State
 2420  Fire Marshal for compliance with the uniform firesafety
 2421  standards before prior to commencement of construction or change
 2422  of occupancy, which review shall be completed within 30 calendar
 2423  days of receipt of the plans by the division of State Fire
 2424  Marshal.
 2425         (4) The division of State Fire Marshal may inspect state
 2426  owned buildings and space and state-leased buildings and space
 2427  as necessary before prior to occupancy or during construction,
 2428  renovation, or alteration to ascertain compliance with the
 2429  uniform firesafety standards. Whenever the division of State
 2430  Fire Marshal determines by virtue of such inspection or by
 2431  review of plans that construction, renovation, or alteration of
 2432  state-owned buildings and state-leased buildings or space is not
 2433  in compliance with the uniform firesafety standards, the
 2434  division of State Fire Marshal shall issue an order to cease
 2435  construction, renovation, or alteration, or to preclude
 2436  occupancy, of a building until compliance is obtained, except
 2437  for those activities required to achieve such compliance.
 2438         (5) The division of State Fire Marshal shall by rule
 2439  provide a schedule of fees to pay for the costs of the
 2440  inspections, whether recurring or high hazard, any firesafety
 2441  review or plans for proposed construction, renovations, or
 2442  occupancy, and related administrative expenses.
 2443         Section 29. Section 633.027, Florida Statutes, is
 2444  transferred and renumbered as section 633.222, Florida Statutes,
 2445  and subsection (3) of that section is amended, to read:
 2446         633.222 633.027 Buildings with light-frame truss-type
 2447  construction; notice requirements; enforcement.—
 2448         (3) The State Fire Marshal, and local fire officials in
 2449  accordance with s. 633.118 633.121, shall enforce the provisions
 2450  of this section. An Any owner who fails to comply with the
 2451  requirements of this section is subject to penalties as provided
 2452  in s. 633.228 633.161.
 2453         Section 30. Section 633.60, Florida Statutes, is
 2454  transferred and renumbered as section 633.224, Florida Statutes,
 2455  and subsection (1) of that section is amended, to read:
 2456         633.224 633.60 Automatic fire sprinkler systems for one
 2457  family dwellings, two-family dwellings, and mobile homes.—
 2458         (1) It is unlawful for a any person to engage in the
 2459  business or act in the capacity of a contractor of automatic
 2460  fire sprinkler systems for one-family dwellings, two-family
 2461  dwellings, and mobile homes without having been duly certified
 2462  and holding a current certificate as a Contractor I, Contractor
 2463  II, or Contractor IV as defined in s. 633.102 633.021.
 2464         Section 31. Section 633.557, Florida Statutes, is
 2465  transferred and renumbered as section 633.226, Florida Statutes.
 2466         Section 32. Section 633.161, Florida Statutes, is
 2467  transferred and renumbered as section 633.228, Florida Statutes,
 2468  and paragraphs (a) and (b) of subsection (1), paragraph (a) of
 2469  subsection (2), and subsection (3) of that section are amended,
 2470  to read:
 2471         633.228 633.161 Violations; orders to cease and desist,
 2472  correct hazardous conditions, preclude occupancy, or vacate;
 2473  enforcement; penalties.—
 2474         (1) If it is determined by the department that a violation
 2475  specified in this subsection exists, the State Fire Marshal or
 2476  her or his deputy may issue and deliver to the person committing
 2477  the violation an order to cease and desist from such violation,
 2478  to correct any hazardous condition, to preclude occupancy of the
 2479  affected building or structure, or to vacate the premises of the
 2480  affected building or structure. Such violations are:
 2481         (a) Except as set forth in paragraph (b), a violation of
 2482  any provision of this chapter, of any rule adopted pursuant
 2483  thereto, of any applicable uniform firesafety standard adopted
 2484  pursuant to s. 633.206 633.022 which is not adequately addressed
 2485  by any alternative requirements adopted on a local level, or of
 2486  any minimum firesafety standard adopted pursuant to s. 394.879.
 2487         (b) A substantial violation of an applicable minimum
 2488  firesafety standard adopted pursuant to s. 633.208 633.025 which
 2489  is not reasonably addressed by any alternative requirement
 2490  imposed at the local level, or an unreasonable interpretation of
 2491  an applicable minimum firesafety standard, and which violation
 2492  or interpretation clearly constitutes a danger to lifesafety.
 2493         (2)(a) If, during the conduct of a firesafety inspection
 2494  authorized by ss. 633.216 and 633.218 633.081 and 633.085, it is
 2495  determined that a violation described in this section exists
 2496  which poses an immediate danger to the public health, safety, or
 2497  welfare, the State Fire Marshal may issue an order to vacate the
 2498  building in question, which order shall be immediately effective
 2499  and shall be an immediate final order under s. 120.569(2)(n).
 2500  With respect to a facility under the jurisdiction of a district
 2501  school board or community college board of trustees, the order
 2502  to vacate shall be issued jointly by the district superintendent
 2503  or college president and the State Fire Marshal.
 2504         (3) A Any person who violates or fails to comply with any
 2505  order under subsection (1) or subsection (2) commits is guilty
 2506  of a misdemeanor, punishable as provided in s. 633.124 633.171.
 2507         Section 33. The Division of Law Revision and Information is
 2508  directed to create part III of chapter 633, Florida Statutes,
 2509  consisting of sections 633.302, 633.304, 633.306, 633.308,
 2510  633.312, 633.314, 633.316, 633.318, 633.322, 633.324, 633.326,
 2511  633.328, 633.332, 633.334, 633.336, 633.338, 633.342, 633.344,
 2512  633.346, 633.348, and 633.3482, Florida Statutes, to be entitled
 2513  “Fire Protection and Suppression.”
 2514         Section 34. Section 633.511, Florida Statutes, is
 2515  transferred, renumbered as section 633.302, Florida Statutes,
 2516  and amended to read:
 2517         633.302 633.511 Florida Fire Safety Board; membership;
 2518  duties; meetings; officers; quorum; compensation; seal.—
 2519         (1) The Florida Fire Safety Board is created consisting of
 2520  seven members who are citizens and residents of this state. One
 2521  shall be the State Fire Marshal, or her or his designee
 2522  designated appointee who shall be an administrative employee of
 2523  the marshal; one shall be an administrative officer from a
 2524  building department representing an incorporated municipality or
 2525  a county; one shall be an administrative officer from a fire
 2526  department representing an incorporated municipality or a
 2527  county; two shall be contractors licensed pursuant to s. 633.318
 2528  633.521; and two shall be persons who hold valid licenses under
 2529  s. 633.304 633.061.
 2530         (2)(a) To be eligible for appointment, each contractor must
 2531  shall personally hold a current certificate of competency and a
 2532  current license issued by the division State Fire Marshal,
 2533  together with an unexpired occupational license to operate as a
 2534  contractor issued by an incorporated municipality or a county;
 2535  be actively engaged in such business and have been so engaged
 2536  for a period of not less than 5 consecutive years before the
 2537  date of her or his appointment; and be a citizen and resident of
 2538  the state.
 2539         (b) To be eligible for appointment, each fire equipment
 2540  dealer must shall personally hold a current Class A, B, or C and
 2541  Class D fire equipment dealer license issued by the division
 2542  State Fire Marshal, together with an unexpired occupational
 2543  license to operate as a fire equipment dealer issued by an
 2544  incorporated municipality or a county; must shall be actively
 2545  engaged in such business and have been so engaged for a period
 2546  of not less than 5 consecutive years before the date of
 2547  appointment; and must shall be a citizen and resident of this
 2548  state.
 2549         (3) The State Fire Marshal’s term on the board, or that of
 2550  her or his designee designated administrative employee, shall
 2551  coincide with the State Fire Marshal’s term of office. Of the
 2552  other six members of the board, one member shall be appointed
 2553  for a term of 1 year, one member for a term of 2 years, two
 2554  members for terms of 3 years, and two members for terms of 4
 2555  years. All terms expire on June 30 of the last year of the term.
 2556  When Effective July 1, 1997, as the term of a each member
 2557  expires, the State Fire Marshal shall appoint a member to fill
 2558  the vacancy for a term of 4 years. The State Fire Marshal may
 2559  remove any appointed member for cause. A vacancy in the
 2560  membership of the board for any cause shall be filled by
 2561  appointment by the State Fire Marshal for the balance of the
 2562  unexpired term.
 2563         (4) The board shall act in an advisory capacity to the
 2564  State Fire Marshal and shall meet regularly as the need presents
 2565  itself. The board shall have the authority to review complaints
 2566  and disputed administrative action and make recommendations for
 2567  disciplinary action to the division at the request of the
 2568  licenseholder, permitholder, or certificateholder. The board
 2569  will serve in an advisory capacity to the division regarding
 2570  rules, codes, standards, interpretations, and training. As soon
 2571  as practicable after July 1, 2013, the board shall meet to elect
 2572  officers from its membership, whose terms shall expire on June
 2573  30 and annually thereafter. A majority of the board shall
 2574  constitute a quorum. A member of the advisory board may not be
 2575  paid a salary as such member, but shall be reimbursed for
 2576  necessary expenses while attending advisory board meetings,
 2577  including travel in the performance of her or his duties, as
 2578  provided in s. 112.061.
 2579         (5) The board shall adopt a seal for its use containing the
 2580  words “Florida Fire Safety Board.”
 2581         Section 35. Section 633.061, Florida Statutes, is
 2582  transferred and renumbered as section 633.304, Florida Statutes,
 2583  and subsections (1) through (4) and subsection (9) of that
 2584  section are amended, to read:
 2585         633.304 633.061 Fire suppression equipment; license to
 2586  install or maintain.—
 2587         (1) It is unlawful for any organization or individual to
 2588  engage in the business of servicing, repairing, recharging,
 2589  testing, marking, inspecting, installing, or hydrotesting any
 2590  fire extinguisher or preengineered system in this state except
 2591  in conformity with the provisions of this chapter. Each
 2592  organization or individual that engages in such activity must
 2593  possess a valid and subsisting license issued by the division
 2594  State Fire Marshal. All fire extinguishers and preengineered
 2595  systems required by statute or by rule must be serviced by an
 2596  organization or individual licensed under the provisions of this
 2597  chapter. A licensee who receives appropriate training shall not
 2598  be prohibited by a manufacturer from servicing any particular
 2599  brand of fire extinguisher or preengineered system. The licensee
 2600  is legally qualified to act for the business organization in all
 2601  matters connected with its business, and the licensee must
 2602  supervise all activities undertaken by such business
 2603  organization. Each licensee shall maintain a specific business
 2604  location. A further requirement, in the case of multiple
 2605  locations where such servicing or recharging is taking place, is
 2606  that each licensee who maintains more than one place of business
 2607  where actual work is carried on must possess an additional
 2608  license, as set forth in this section, for each location, except
 2609  that a licensed individual may not qualify for more than five
 2610  locations. A licensee is limited to a specific type of work
 2611  performed depending upon the class of license held. Licenses and
 2612  license fees are required for the following:
 2613         (a) Class A: 	$250
 2614  To service, recharge, repair, install, or inspect all types of
 2615  fire extinguishers and to conduct hydrostatic tests on all types
 2616  of fire extinguishers.
 2617         (b) Class B: 	$150
 2618  To service, recharge, repair, install, or inspect all types of
 2619  fire extinguishers, including recharging carbon dioxide units
 2620  and conducting hydrostatic tests on all types of fire
 2621  extinguishers, except carbon dioxide units.
 2622         (c) Class C: 	$150
 2623  To service, recharge, repair, install, or inspect all types of
 2624  fire extinguishers, except recharging carbon dioxide units, and
 2625  to conduct hydrostatic tests on all types of fire extinguishers,
 2626  except carbon dioxide units.
 2627         (d) Class D: 	$200
 2628  To service, repair, recharge, hydrotest, install, or inspect all
 2629  types of preengineered fire extinguishing systems.
 2630         (e) Licenses issued as duplicates or to reflect a change of
 2631  address	$10
 2632  
 2633  Any fire equipment dealer licensed pursuant to this subsection
 2634  who does not want to engage in the business of servicing,
 2635  inspecting, recharging, repairing, hydrotesting, or installing
 2636  halon equipment must file an affidavit on a form provided by the
 2637  division so stating. Licenses will be issued by the division to
 2638  show reflect the work authorized thereunder. It is unlawful,
 2639  unlicensed activity for a any person or firm to falsely hold
 2640  himself or herself or a business organization out to perform any
 2641  service, inspection, recharge, repair, hydrotest, or
 2642  installation except as specifically described in the license. A
 2643  fire equipment dealer licensed pursuant to this subsection who
 2644  wishes to withdraw a previously filed halon equipment exemption
 2645  affidavit and engage in the business of servicing, inspecting,
 2646  recharging, repairing, hydrotesting, or installing halon
 2647  equipment must submit a written statement requesting the
 2648  withdrawal to the division. The dealer must also submit to an
 2649  inspection by the State Fire Marshal or her or his designee in
 2650  order to determine that the dealer possesses the equipment
 2651  required to service, inspect, recharge, repair, hydrotest, or
 2652  install halon equipment.
 2653         (2) A person who holds a valid fire equipment dealer
 2654  license may maintain such license in an inactive status during
 2655  which time he or she may not engage in any work under the
 2656  definition of the license held. An inactive status license shall
 2657  be void after 4 2 years or when at the time that the license is
 2658  renewed, whichever comes first. The biennial renewal fee for an
 2659  inactive status license shall be $75. An inactive status license
 2660  may not be reactivated unless the continuing education
 2661  requirements of this chapter have been fulfilled.
 2662         (3) Each individual actually performing the work of
 2663  servicing, recharging, repairing, hydrotesting, installing,
 2664  testing, or inspecting fire extinguishers or preengineered
 2665  systems must possess a valid and subsisting permit issued by the
 2666  division State Fire Marshal. Permittees are limited as to
 2667  specific type of work performed to allow work no more extensive
 2668  than the class of license held by the licensee under whom the
 2669  permittee is working. Permits will be issued by the division and
 2670  the fees required are as follows:
 2671         (a) Portable permit:	$90 “Portable permittee” means a
 2672  person who is limited to performing work no more extensive than
 2673  the employing licensee in the servicing, recharging, repairing,
 2674  installing, or inspecting all types of portable fire
 2675  extinguishers.
 2676         (b) Preengineered permit:	$120 “Preengineered
 2677  permittee” means a person who is limited to the servicing,
 2678  recharging, repairing, installing, or inspecting of all types of
 2679  preengineered fire extinguishing systems.
 2680         (c) Permits issued as duplicates or to reflect a change of
 2681  address	$10
 2682  
 2683  Any fire equipment permittee licensed pursuant to this
 2684  subsection who does not want to engage in servicing, inspecting,
 2685  recharging, repairing, hydrotesting, or installing halon
 2686  equipment must file an affidavit on a form provided by the
 2687  division so stating. Permits will be issued by the division to
 2688  show reflect the work authorized thereunder. It is unlawful,
 2689  unlicensed activity for a any person or firm to falsely hold
 2690  himself or herself out to perform any service, inspection,
 2691  recharge, repair, hydrotest, or installation except as
 2692  specifically described in the permit.
 2693         (4)(a) Such licenses and permits shall be issued by the
 2694  division State Fire Marshal for 2 years beginning January 1,
 2695  2000, and each 2-year period thereafter and expiring December 31
 2696  of the second year. All licenses or permits issued will expire
 2697  on December 31 of each odd-numbered year. The failure to renew a
 2698  license or permit by December 31 of the second year will cause
 2699  the license or permit to become inoperative. The holder of an
 2700  inoperative license or permit may shall not engage in any
 2701  activities for which a license or permit is required by this
 2702  section. A license or permit which is inoperative because of the
 2703  failure to renew it shall be restored upon payment of the
 2704  applicable fee plus a penalty equal to the applicable fee, if
 2705  the application for renewal is filed no later than the following
 2706  March 31. If the application for restoration is not made before
 2707  the March 31st deadline, the fee for restoration shall be equal
 2708  to the original application fee and the penalty provided for
 2709  herein, and, in addition, the State Fire Marshal shall require
 2710  reexamination of the applicant. The fee for a license or permit
 2711  issued for 1 year or less shall be prorated at 50 percent of the
 2712  applicable fee for a biennial license or permit.
 2713         (b) After initial licensure, each licensee or permittee
 2714  must successfully complete a course or courses of continuing
 2715  education for fire equipment technicians of at least 16 hours. A
 2716  license or permit may not be renewed unless the licensee or
 2717  permittee produces documentation of the completion of at least
 2718  16 hours of continuing education for fire equipment technicians
 2719  during the biennial licensure period. A person who is both a
 2720  licensee and a permittee shall be required to complete 16 hours
 2721  of continuing education during each renewal period. Each
 2722  licensee shall ensure that all permittees in his or her
 2723  employment meet their continuing education requirements. The
 2724  State Fire Marshal shall adopt rules describing the continuing
 2725  education requirements and shall have the authority upon
 2726  reasonable belief, to audit a fire equipment dealer to determine
 2727  compliance with continuing education requirements.
 2728         (c)(b) The forms of such licenses and permits and
 2729  applications therefor shall be prescribed by the State Fire
 2730  Marshal; in addition to such other information and data as that
 2731  officer determines is appropriate and required for such forms,
 2732  there shall be included in such forms the following matters.
 2733  Each such application must shall be in such form as to provide
 2734  that the data and other information set forth therein shall be
 2735  sworn to by the applicant or, if a corporation, by an officer
 2736  thereof. An application for a permit must shall include the name
 2737  of the licensee employing such permittee, and the permit issued
 2738  in pursuance of such application must shall also set forth the
 2739  name of such licensee. A permit is valid solely for use by the
 2740  holder thereof in his or her employment by the licensee named in
 2741  the permit.
 2742         (d)(c) A license of any class may shall not be issued or
 2743  renewed by the division State Fire Marshal and a license of any
 2744  class does shall not remain operative unless:
 2745         1. The applicant has submitted to the State Fire Marshal
 2746  evidence of registration as a Florida corporation or evidence of
 2747  compliance with s. 865.09.
 2748         2. The State Fire Marshal or his or her designee has by
 2749  inspection determined that the applicant possesses the equipment
 2750  required for the class of license sought. The State Fire Marshal
 2751  shall give an applicant a reasonable opportunity to correct any
 2752  deficiencies discovered by inspection. To obtain such
 2753  inspection, an applicant with facilities located outside this
 2754  state must:
 2755         a. Provide a notarized statement from a professional
 2756  engineer licensed by the applicant’s state of domicile
 2757  certifying that the applicant possesses the equipment required
 2758  for the class of license sought and that all such equipment is
 2759  operable; or
 2760         b. Allow the State Fire Marshal or her or his designee to
 2761  inspect the facility. All costs associated with the State Fire
 2762  Marshal’s inspection shall be paid by the applicant. The State
 2763  Fire Marshal, in accordance with s. 120.54, may adopt rules to
 2764  establish standards for the calculation and establishment of the
 2765  amount of costs associated with any inspection conducted by the
 2766  State Fire Marshal under this section. Such rules shall include
 2767  procedures for invoicing and receiving funds in advance of the
 2768  inspection A fee of $50, payable to the State Fire Marshal,
 2769  shall be required for any subsequent reinspection.
 2770         3. The applicant has submitted to the State Fire Marshal
 2771  proof of insurance providing coverage for comprehensive general
 2772  liability for bodily injury and property damage, products
 2773  liability, completed operations, and contractual liability. The
 2774  State Fire Marshal shall adopt rules providing for the amounts
 2775  of such coverage, but such amounts shall not be less than
 2776  $300,000 for Class A or Class D licenses, $200,000 for Class B
 2777  licenses, and $100,000 for Class C licenses; and the total
 2778  coverage for any class of license held in conjunction with a
 2779  Class D license may shall not be less than $300,000. The State
 2780  Fire Marshal may, at any time after the issuance of a license or
 2781  its renewal, require upon demand, and in no event more than 30
 2782  days after notice of such demand, the licensee to provide proof
 2783  of insurance, on a form provided by the State Fire Marshal,
 2784  containing confirmation of insurance coverage as required by
 2785  this chapter. Failure, for any length of time, to provide proof
 2786  of insurance coverage as required shall result in the immediate
 2787  suspension of the license until proof of proper insurance is
 2788  provided to the State Fire Marshal. An insurer which provides
 2789  such coverage shall notify the State Fire Marshal of any change
 2790  in coverage or of any termination, cancellation, or nonrenewal
 2791  of any coverage.
 2792         4. The applicant applies to the State Fire Marshal,
 2793  provides proof of experience, and successfully completes a
 2794  prescribed training course offered by the State Fire College or
 2795  an equivalent course approved by the State Fire Marshal. This
 2796  subparagraph does not apply to any holder of or applicant for a
 2797  permit under paragraph (g) (f) or to a business organization or
 2798  a governmental entity seeking initial licensure or renewal of an
 2799  existing license solely for the purpose of inspecting,
 2800  servicing, repairing, marking, recharging, and maintaining fire
 2801  extinguishers used and located on the premises of and owned by
 2802  such organization or entity.
 2803         5. The applicant has a current retestor identification
 2804  number that is appropriate for the license for which the
 2805  applicant is applying and that is listed with the United States
 2806  Department of Transportation.
 2807         6. The applicant has passed, with a grade of at least 70
 2808  percent, a written examination testing his or her knowledge of
 2809  the rules and statutes governing regulating the activities
 2810  authorized by the license and demonstrating his or her knowledge
 2811  and ability to perform those tasks in a competent, lawful, and
 2812  safe manner. Such examination shall be developed and
 2813  administered by the State Fire Marshal, or his or her designee
 2814  in accordance with policies and procedures of the State Fire
 2815  Marshal. An applicant shall pay a nonrefundable examination fee
 2816  of $50 for each examination or reexamination scheduled. A No
 2817  reexamination may not shall be scheduled sooner than 30 days
 2818  after any administration of an examination to an applicant. An
 2819  No applicant may not shall be permitted to take an examination
 2820  for any level of license more than a total of four times during
 2821  1 year, regardless of the number of applications submitted. As a
 2822  prerequisite to licensure of the applicant, he or she:
 2823         a. Must be at least 18 years of age.
 2824         b. Must have 4 years of proven experience as a fire
 2825  equipment permittee at a level equal to or greater than the
 2826  level of license applied for or have a combination of education
 2827  and experience determined to be equivalent thereto by the State
 2828  Fire Marshal. Having held a permit at the appropriate level for
 2829  the required period constitutes the required experience.
 2830         c. Must not have been convicted of a felony or a crime
 2831  punishable by imprisonment of 1 year or more under the law of
 2832  the United States or of any state thereof or under the law of
 2833  any other country, or pled nolo contendere to, any felony.
 2834  “Convicted” means a finding of guilt or the acceptance of a plea
 2835  of guilty or nolo contendere in any federal or state court or a
 2836  court in any other country, without regard to whether a judgment
 2837  of conviction has been entered by the court having jurisdiction
 2838  of the case. If an applicant has been convicted of any such
 2839  felony, the applicant shall be excluded from licensure for a
 2840  period of 4 years after expiration of sentence or final release
 2841  by the Parole Commission unless the applicant, before the
 2842  expiration of the 4-year period, has received a full pardon or
 2843  has had her or his civil rights restored must comply with s.
 2844  112.011(1)(b).
 2845  
 2846  This subparagraph does not apply to any holder of or applicant
 2847  for a permit under paragraph (g) (f) or to a business
 2848  organization or a governmental entity seeking initial licensure
 2849  or renewal of an existing license solely for the purpose of
 2850  inspecting, servicing, repairing, marking, recharging,
 2851  hydrotesting, and maintaining fire extinguishers used and
 2852  located on the premises of and owned by such organization or
 2853  entity.
 2854         (d) An applicant who fails the examination may take it
 2855  three more times during the 1-year period after he or she
 2856  originally filed an application for the examination. If the
 2857  applicant fails the examination within 1 year after the
 2858  application date and seeks to retake the examination, he or she
 2859  must file a new application, pay the application and examination
 2860  fees, and successfully complete a prescribed training course
 2861  approved by the State Fire College or an equivalent course
 2862  approved by the State Fire Marshal. An applicant may not submit
 2863  a new application within 6 months after the date of his or her
 2864  last reexamination.
 2865         (e) A fire equipment dealer licensed under this section may
 2866  apply to convert upgrade the license currently held to a higher
 2867  licensing category, if the licensed dealer:
 2868         1. Submits an application for the license on a form in
 2869  conformance with paragraph (c) (b). The application must be
 2870  accompanied by a fee as prescribed in s. 633.132 subsection (1)
 2871  for the type of license requested.
 2872         2. Provides evidence of 2 years’ experience as a licensed
 2873  dealer and meets such relevant educational requirements as are
 2874  established by rule by the State Fire Marshal for purposes of
 2875  upgrading a license.
 2876         3. Meets the requirements of paragraph (d) (c).
 2877         (f) A fire equipment dealer licensed under this section may
 2878  apply to convert the license currently held to a lower licensing
 2879  category, if the licensed dealer:
 2880         1. Submits an application for the license on a form in
 2881  conformance with paragraph (c). The application must be
 2882  accompanied by a fee as prescribed in s. 633.132 for the type of
 2883  license requested.
 2884         2. Submits proof of insurance providing coverage meeting
 2885  the requirements prescribed in subparagraph (d)3.
 2886         3. Submits to an inspection of the facility to ensure all
 2887  equipment associated with the higher class of license has been
 2888  removed and submits the required reinspection fee.
 2889         (g)A No permit of any class may not shall be issued or
 2890  renewed to a person by the division State Fire Marshal, and a no
 2891  permit of any class does not shall remain operative, unless the
 2892  person has:
 2893         1. Submitted a nonrefundable examination fee in the amount
 2894  of $50.;
 2895         2. Successfully completed a training course offered by the
 2896  State Fire College or an equivalent course approved by the State
 2897  Fire Marshal.; and
 2898         3. Passed, with a grade of at least 70 percent, a written
 2899  examination testing his or her knowledge of the rules and
 2900  statutes governing regulating the activities authorized by the
 2901  permit and demonstrating his or her knowledge and ability to
 2902  perform those tasks in a competent, lawful, and safe manner.
 2903  Such examination must shall be developed and administered by the
 2904  State Fire Marshal in accordance with the policies and
 2905  procedures of the State Fire Marshal. An examination fee must
 2906  shall be paid for each examination scheduled. A No reexamination
 2907  may not shall be scheduled sooner than 30 days after any
 2908  administration of an examination to an applicant. An No
 2909  applicant may not shall be permitted to take an examination for
 2910  any level of permit more than four times during 1 year,
 2911  regardless of the number of applications submitted. As a
 2912  prerequisite to taking the permit examination, the applicant
 2913  must be at least 16 years of age.
 2914         (h)(g) An applicant for a license or permit under this
 2915  section who fails the examination may take it three more times
 2916  during the 1-year period after he or she originally filed an
 2917  application for the examination. If the applicant fails the
 2918  examination within 1 year after the application date and he or
 2919  she seeks to retake the examination, he or she must file a new
 2920  application, pay the application and examination fees, and
 2921  successfully complete a prescribed training course offered by
 2922  the State Fire College or an equivalent course approved by the
 2923  State Fire Marshal. The applicant may not submit a new
 2924  application within 6 months after the date of his or her fourth
 2925  last reexamination. An applicant who passes the examination but
 2926  does not meet the remaining qualifications prescribed by law and
 2927  rule within 1 year after the application date must file a new
 2928  application, pay the application and examination fee,
 2929  successfully complete a prescribed training course approved by
 2930  the State Fire College or an equivalent course approved by the
 2931  State Fire Marshal, and pass the written examination.
 2932         (9) The provisions of This section does chapter do not
 2933  apply to inspections by fire chiefs, fire inspectors, fire
 2934  marshals, or insurance company inspectors.
 2935         Section 36. Section 633.065, Florida Statutes, is
 2936  transferred and renumbered as section 633.306, Florida Statutes,
 2937  and paragraph (a) of subsection (1) of that section is amended,
 2938  to read:
 2939         633.306 633.065 Requirements for installation, inspection,
 2940  and maintenance of fire suppression equipment.—
 2941         (1) The requirements for installation of fire extinguishers
 2942  and preengineered systems are as follows:
 2943         (a) Fire equipment dealers shall be licensed under s.
 2944  633.304 633.061.
 2945         Section 37. Section 633.071, Florida Statutes, is
 2946  transferred and renumbered as section 633.308, Florida Statutes,
 2947  and subsection (2) of that section is amended, to read:
 2948         633.308 633.071 Standard service tag required on all fire
 2949  extinguishers and preengineered systems; serial number required
 2950  on all portable fire extinguishers; standard inspection tags
 2951  required on all fire protection systems.—
 2952         (2) All portable fire extinguishers required by statute or
 2953  by rule must shall be listed by Underwriters Laboratories, Inc.,
 2954  or approved by Factory Mutual Laboratories, Inc., or listed by a
 2955  nationally recognized testing laboratory in accordance with
 2956  procedures adopted pursuant to s. 633.314(2) 633.083(2), and
 2957  carry an Underwriters Laboratories, Inc., or manufacturer’s
 2958  serial number. These listings, approvals, and serial numbers may
 2959  be stamped on the manufacturer’s identification and instructions
 2960  plate or on a separate Underwriters Laboratories, Inc., or
 2961  Factory Mutual Laboratories, Inc., plate soldered or attached to
 2962  the extinguisher shell in some permanent manner.
 2963         Section 38. Section 633.082, Florida Statutes, is
 2964  transferred and renumbered as section 633.312, Florida Statutes,
 2965  and subsections (2) and (3) of that section are amended, to
 2966  read:
 2967         633.312 633.082 Inspection of fire control systems, fire
 2968  hydrants, and fire protection systems.—
 2969         (2) Fire hydrants and fire protection systems installed in
 2970  public and private properties, except one-family or two-family
 2971  dwellings, shall be inspected following procedures established
 2972  in the nationally recognized inspection, testing, and
 2973  maintenance standards publications NFPA-24 and NFPA-25 as set
 2974  forth in the edition adopted by the State Fire Marshal.
 2975  Quarterly, annual, 3-year, and 5-year inspections consistent
 2976  with the contractual provisions with the owner shall be
 2977  conducted by the certificateholder or permittees employed by the
 2978  certificateholder pursuant to s. 633.318 633.521, except that:
 2979         (a) Public fire hydrants owned by a governmental entity
 2980  shall be inspected following procedures established in the
 2981  inspection, testing, and maintenance standards adopted by the
 2982  State Fire Marshal or equivalent standards such as those
 2983  contained in the latest edition of the American Water Works
 2984  Association’s Manual M17, “Installation, Field Testing, and
 2985  Maintenance of Fire Hydrants.”
 2986         (b) County, municipal, and special district utilities may
 2987  perform fire hydrant inspections required by this section using
 2988  designated employees. Such designated employees need not be
 2989  certified under this chapter. However, counties, municipalities,
 2990  or special districts that use designated employees are
 2991  responsible for ensuring that the designated employees are
 2992  qualified to perform such inspections.
 2993         (3) The inspecting contractor shall provide to the building
 2994  owner or hydrant owner and the local authority having
 2995  jurisdiction a copy of the applicable inspection report
 2996  established under this chapter. The maintenance of fire hydrant
 2997  and fire protection systems as well as corrective actions on
 2998  deficient systems is the responsibility of the owner of the
 2999  system or hydrant. Equipment requiring periodic testing or
 3000  operation to ensure its maintenance shall be tested or operated
 3001  as specified in the Fire Prevention Code, Life Safety Code,
 3002  National Fire Protection Association standards, or as directed
 3003  by the appropriate authority agency having jurisdiction,
 3004  provided that such appropriate authority may agency shall not
 3005  require a sprinkler system not required by the Fire Prevention
 3006  Code, Life Safety Code, or National Fire Protection Association
 3007  standards to be removed regardless of its condition. This
 3008  section does not prohibit governmental entities from inspecting
 3009  and enforcing firesafety codes.
 3010         Section 39. Section 633.083, Florida Statutes, is
 3011  transferred and renumbered as section 633.314, Florida Statutes,
 3012  and subsection (3) of that section is amended, to read:
 3013         633.314 633.083 Sale or use of certain types of fire
 3014  extinguishers prohibited; penalty.—
 3015         (3) A person who violates any of the provisions of this
 3016  section commits is guilty of a misdemeanor of the second degree,
 3017  punishable as provided in s. 775.082 or s. 775.083.
 3018         Section 40. Section 633.162, Florida Statutes, is
 3019  transferred and renumbered as section 633.316, Florida Statutes,
 3020  and subsection (1) and paragraph (e) of subsection (4) of that
 3021  section are amended, to read:
 3022         633.316 633.162 Fire suppression system contractors;
 3023  disciplinary action.—
 3024         (1) The violation of any provision of this chapter or any
 3025  rule adopted and adopted promulgated pursuant hereto or the
 3026  failure or refusal to comply with any notice or order to correct
 3027  a violation or any cease and desist order by a any person who
 3028  possesses a license or permit issued pursuant to s. 633.304
 3029  633.061 is cause for denial, nonrenewal, revocation, or
 3030  suspension of such license or permit by the State Fire Marshal
 3031  after such officer has determined that the person committed is
 3032  guilty of such violation. An order of suspension must shall
 3033  state the period of time of such suspension, which period may
 3034  not be in excess of 2 years from the date of such order. An
 3035  order of revocation may be entered for a period not exceeding 5
 3036  years. Such orders shall effect suspension or revocation of all
 3037  licenses or permits issued by the division to then held by the
 3038  person, and during such period a of time no license or permit
 3039  may not shall be issued by the division to such person. During
 3040  the suspension or revocation of any license or permit, the
 3041  former licensee or permittee may shall not engage in or attempt
 3042  or profess to engage in any transaction or business for which a
 3043  license or permit is required under this chapter or directly or
 3044  indirectly own, control, or be employed in any manner by any
 3045  firm, business, or corporation for which a license or permit
 3046  under this chapter is required. If, during the period between
 3047  the beginning of proceedings and the entry of an order of
 3048  suspension or revocation by the State Fire Marshal, a new
 3049  license or permit has been issued by the division to the person
 3050  so charged, the order of suspension or revocation shall operate
 3051  to suspend or revoke such new license or permit held by such
 3052  person.
 3053         (4) In addition to the grounds set forth in subsection (1),
 3054  it is cause for denial, nonrenewal, revocation, or suspension of
 3055  a license or permit by the State Fire Marshal if she or he
 3056  determines that the licensee or permittee has:
 3057         (e) Failed to provide proof of insurance to the State Fire
 3058  Marshal or failed to maintain in force the insurance coverage
 3059  required by s. 633.304 633.061.
 3060         Section 41. Section 633.521, Florida Statutes, is
 3061  transferred and renumbered as section 633.318, Florida Statutes,
 3062  and subsection (1), paragraph (a) of subsection (2), paragraphs
 3063  (c) and (g) of subsection (3), and subsections (4), (8), and
 3064  (11) of that section are amended, to read:
 3065         633.318 633.521 Certificate application and issuance;
 3066  permit issuance; examination and investigation of applicant.—
 3067         (1) To obtain a fire protection system contractor’s
 3068  certificate, an applicant shall submit to the division State
 3069  Fire Marshal an application in writing, on a form provided by
 3070  the division State Fire Marshal containing the information
 3071  prescribed, which shall be accompanied by the fee fixed herein,
 3072  containing a statement that the applicant desires the issuance
 3073  of a certificate and stating the class of certificate requested.
 3074         (2)(a) Examinations shall be administered by the division
 3075  State Fire Marshal and held at times and places within the state
 3076  as the division State Fire Marshal determines, but there shall
 3077  be at least two examinations a year. Each applicant shall take
 3078  and pass an objective, written examination of her or his fitness
 3079  for a certificate in the class for which the application is
 3080  requested. There shall be a type of examination for each class
 3081  of certificate for contractors as of the classes of certificates
 3082  defined in s. 633.102 633.021(5). The examination must shall
 3083  test the applicant’s ability to lay out, fabricate, install,
 3084  alter, repair, and inspect fire protection systems and their
 3085  appurtenances and must shall test the applicant’s fitness in
 3086  business and financial management. The test must shall be based
 3087  on applicable standards of the National Fire Protection
 3088  Association and on relevant Florida and federal laws pertaining
 3089  to the construction industry, safety standards, administrative
 3090  procedures, and pertinent technical data.
 3091         (3)
 3092         (c) Required education and experience for certification as
 3093  a Contractor I, Contractor II, Contractor III, or Contractor IV
 3094  includes training and experience in both installation and system
 3095  layout as defined in s. 633.102 633.021.
 3096         (g) Within 30 days after the date of the examination, the
 3097  division State Fire Marshal shall inform the applicant in
 3098  writing whether she or he has qualified or not and, if the
 3099  applicant has qualified, that she or he is eligible ready to be
 3100  issued issue a certificate of competency, subject to compliance
 3101  with the requirements of subsection (4).
 3102         (4) As a prerequisite to issuance of a certificate, the
 3103  division must State Fire Marshal shall require the applicant to
 3104  submit satisfactory evidence that she or he has obtained
 3105  insurance providing coverage for comprehensive general liability
 3106  for bodily injury and property damages, products liability,
 3107  completed operations, and contractual liability. The division
 3108  State Fire Marshal may adopt rules providing for the amount of
 3109  insurance, but such amount shall not be less than $500,000 for a
 3110  Contractor I, Contractor II, Contractor III, or Contractor V and
 3111  shall not be less than $250,000 for a Contractor IV. An insurer
 3112  which provides such coverage shall notify within 30 days the
 3113  division within 30 days State Fire Marshal of any material
 3114  change in coverage or any termination, cancellation, or
 3115  nonrenewal of such coverage. An insurer which fails to so notify
 3116  the division State Fire Marshal’s office shall be subject to the
 3117  penalties provided under s. 624.4211.
 3118         (8) An individual employed by a Contractor I or Contractor
 3119  II certificateholder, as established in this section, who will
 3120  be inspecting water-based fire protection systems as required
 3121  under s. 633.312 633.082, must be issued a permit by the
 3122  division State Fire Marshal to conduct such work. The permit is
 3123  valid solely for use by the holder thereof in his or her
 3124  employment by the certificateholder named in the permit. A
 3125  permittee must have a valid and subsisting permit upon his or
 3126  her person at all times while engaging in inspecting fire
 3127  protection systems, and a permitholder must be able to produce
 3128  such a permit upon demand. In addition, a permittee shall, at
 3129  all times while performing inspections, carry an identification
 3130  card containing his or her photograph and other identifying
 3131  information as prescribed by the State Fire Marshal, and the
 3132  permittee must produce the identification card and information
 3133  upon demand. The permit and the identification may be one and
 3134  the same. A permittee is limited as to the specific type of work
 3135  performed, depending upon the class of certificate held by the
 3136  certificateholder under whom the permittee is working. The
 3137  permit class shall be known as a Water-Based Fire Protection
 3138  Inspector whose permit allows the holder to inspect water
 3139  sprinkler systems, water spray systems, foam-water sprinkler
 3140  systems, foam-water spray systems, standpipes, combination
 3141  standpipes and sprinkler systems, all piping that is an integral
 3142  part of the system beginning at the point where the piping is
 3143  used exclusively for fire protection, sprinkler tank heaters,
 3144  air lines, thermal systems used in connection with sprinklers,
 3145  and tanks and pumps connected thereto, excluding preengineered
 3146  systems.
 3147         (11) It is intended that a certificateholder, or a
 3148  permitholder who is employed by a certificateholder, conduct
 3149  inspections required by this chapter. It is understood that
 3150  after July 1, 2008, employee turnover may result in a depletion
 3151  of personnel who are certified under the NICET Sub-field of
 3152  Inspection and Testing of Fire Protection Systems Level II or
 3153  equivalent training and education as required by the division of
 3154  State Fire Marshal. A certificateholder may obtain a provisional
 3155  permit with an endorsement for inspection, testing, and
 3156  maintenance of water-based fire extinguishing systems for an
 3157  employee if the employee has initiated procedures for obtaining
 3158  Level II certification from the National Institute for
 3159  Certification in Engineering Technologies Sub-field of
 3160  Inspection and Testing of Fire Protection Systems and achieved
 3161  Level I certification or an equivalent level as determined by
 3162  the State Fire Marshal through verification of experience,
 3163  training, and examination. The division State Fire Marshal may
 3164  establish rules to administer this subsection. After 2 years of
 3165  provisional certification, the employee must have achieved NICET
 3166  Level II certification or obtain equivalent training and
 3167  education as determined by the division, or cease performing
 3168  inspections requiring Level II certification. The provisional
 3169  permit is valid only for the 2 calendar years after the date of
 3170  issuance, may not be extended, and is not renewable. After the
 3171  initial 2-year provisional permit expires, the certificateholder
 3172  must wait 2 additional years before a new provisional permit may
 3173  be issued. The intent is to prohibit the certificateholder from
 3174  using employees who never reach NICET Level II status, or
 3175  equivalent training and education as determined by the division,
 3176  by continuously obtaining provisional permits.
 3177         Section 42. Section 633.551, Florida Statutes, is
 3178  transferred and renumbered as section 633.322, Florida Statutes,
 3179  and subsections (1) through (3) of that section are amended, to
 3180  read:
 3181         633.322 633.551 County, and municipal, and special district
 3182  powers; effect of ch. 75-240.—
 3183         (1) Nothing in This chapter does not limit act limits the
 3184  power of a municipality, or county, or special district to
 3185  regulate the quality and character of work performed by
 3186  contractors through a system of permits, fees, and inspections
 3187  which are designed to secure compliance with, and aid in the
 3188  implementation of, state and local building laws or to enforce
 3189  other local laws for the protection of the public health and
 3190  safety.
 3191         (2) Nothing in This chapter does not limit act limits the
 3192  power of a municipality, or county, or special district to adopt
 3193  any system of permits requiring submission to and approval by
 3194  the municipality, or county, or special district of plans and
 3195  specifications for work to be performed by contractors before
 3196  commencement of the work, except that a no municipality, or
 3197  county, or special district may not shall require a fire
 3198  protection system contractor’s shop drawings to be sealed by a
 3199  professional engineer.
 3200         (3) An Any official authorized to issue building or other
 3201  related permits shall ascertain that the applicant contractor is
 3202  duly certified before issuing the permit. The evidence shall
 3203  consist only of the exhibition to him or her of current evidence
 3204  of current certification.
 3205         Section 43. Section 633.527, Florida Statutes, is
 3206  transferred and renumbered as section 633.324, Florida Statutes.
 3207         Section 44. Section 633.531, Florida Statutes, is
 3208  transferred and renumbered as section 633.326, Florida Statutes.
 3209         Section 45. Section 633.534, Florida Statutes, is
 3210  transferred and renumbered as section 633.328, Florida Statutes,
 3211  and subsection (4) of that section is amended, to read:
 3212         633.328 633.534 Issuance of certificate to individuals and
 3213  business organizations.—
 3214         (4) If When the certified business organization makes
 3215  application for an occupational license in any municipality or
 3216  county of this state, the application must shall be made with
 3217  the tax collector in the name of the business organization, and
 3218  the license, when issued, shall be issued to the business
 3219  organization upon payment of the appropriate licensing fee and
 3220  exhibition to the tax collector of a valid certificate issued by
 3221  the division State Fire Marshal.
 3222         Section 46. Section 633.537, Florida Statutes, is
 3223  transferred and renumbered as section 633.332, Florida Statutes,
 3224  and subsections (1) and (2) and paragraph (a) of subsection (3)
 3225  of that section are amended, to read:
 3226         633.332 633.537 Certificate; expiration; renewal; inactive
 3227  certificate; continuing education.—
 3228         (1) Certificates shall expire every 2 years at midnight on
 3229  June 30. Effective with the June 30, 1998, renewal, All
 3230  certificates must be renewed every 2 years. The failure to renew
 3231  a certificate before during June 30, shall cause the certificate
 3232  to become inoperative, and it is unlawful thereafter for a any
 3233  person to engage, offer to engage, or hold herself or himself
 3234  out as engaging in contracting under the certificate unless the
 3235  certificate is restored or reissued. A certificate which is
 3236  inoperative because of failure to renew shall be restored on
 3237  payment of the proper renewal fee if the application for
 3238  restoration is made within 90 days after June 30. If the
 3239  application for restoration is not made within the 90-day
 3240  period, the fee for restoration must shall be equal to the
 3241  original application fee, and, in addition, the State Fire
 3242  Marshal must shall require examination or reexamination of the
 3243  applicant.
 3244         (2) A person who holds a valid certificate may maintain
 3245  such certificate in an inactive status during which time she or
 3246  he may not engage in contracting. An inactive status certificate
 3247  shall be void after a 2-year period. The biennial renewal fee
 3248  for an inactive status certificate shall be $75. An inactive
 3249  status certificate may be reactivated upon application to the
 3250  State Fire Marshal and payment of the initial application fee.
 3251         (3)(a) A certificate for the Contractor I, II, and III
 3252  classifications as defined in this chapter may shall not be
 3253  renewed unless the certificateholder produces documentation of
 3254  at least 32 contact hours of continuing education in the fire
 3255  protection discipline during the biennial licensure period.
 3256  Holders of Contractor IV certificates are required to obtain 14
 3257  contact hours of continuing education encompassing the
 3258  appropriate National Fire Protection Association fire sprinkler
 3259  documents before prior to renewal. Holders of Contractor V
 3260  certificates are required to obtain 14 contact hours of
 3261  continuing education before prior to renewal, at least 1 hour of
 3262  which is in the fire protection discipline. Any continuing
 3263  education hours approved pursuant to chapter 489 by the
 3264  Construction Industry Licensing Board for underground utility
 3265  and excavation contractors shall be considered as also approved
 3266  to comply with Contractor V continuing education requirements. A
 3267  Contractor V certificateholder shall provide to the State Fire
 3268  Marshal evidence of approval of such coursework by the
 3269  Construction Industry Licensing Board.
 3270         Section 47. Section 633.539, Florida Statutes, is
 3271  transferred and renumbered as section 633.334, Florida Statutes,
 3272  and paragraph (a) of subsection (1) and subsections (2) and (4)
 3273  of that section are amended, to read:
 3274         633.334 633.539 Requirements for installation, inspection,
 3275  and maintenance of fire protection systems.—
 3276         (1) The requirements for installation of fire protection
 3277  systems are as follows:
 3278         (a) Contractors of fire protection systems shall be
 3279  certified under s. 633.318 633.521.
 3280         (2) Equipment shall be inspected, serviced, and maintained
 3281  in accordance with the manufacturer’s maintenance procedures and
 3282  with applicable National Fire Protection Association standards.
 3283  The inspection of fire protection systems shall be conducted by
 3284  a certificateholder or holder of a permit issued by the division
 3285  State Fire Marshal. The permitholder may perform inspections on
 3286  fire protection systems only while employed by the
 3287  certificateholder. This section does not prohibit the authority
 3288  having jurisdiction or insurance company representatives from
 3289  reviewing the system in accordance with acceptable oversight
 3290  standards.
 3291         (4) The Contractor V may install the cross-connection
 3292  backflow prevention device as defined in this chapter on new
 3293  installations following the engineer of record’s direction on
 3294  the type and size of the device. The retrofitting of a backflow
 3295  device on an existing fire protection system will cause a
 3296  reduction in available water pressure and probable system
 3297  malfunction. The development of aboveground fire protection
 3298  system hydraulic calculations is a task of the Contractor I and
 3299  II, as defined in this chapter. Accordingly, a Contractor V is
 3300  expressly prohibited from retrofitting cross-connection backflow
 3301  prevention devices on an existing fire protection system, and
 3302  only a Contractor I or Contractor II who is tasked to
 3303  recalculate the system and take corrective actions to ensure
 3304  that the system will function with the available water supply
 3305  may retroactively install these backflow devices on existing
 3306  fire protection systems.
 3307         Section 48. Section 633.541, Florida Statutes, is
 3308  transferred and renumbered as section 633.336, Florida Statutes,
 3309  and subsections (1), (3), and (4) of that section are amended,
 3310  to read:
 3311         633.336 633.541 Contracting without certificate prohibited;
 3312  violations; penalty.—
 3313         (1) It is unlawful for any organization or individual to
 3314  engage in the business of layout, fabrication, installation,
 3315  inspection, alteration, repair, or service of a fire protection
 3316  system, other than a preengineered system, act in the capacity
 3317  of a fire protection contractor, or advertise itself as being a
 3318  fire protection contractor without having been duly certified
 3319  and holding a valid and existing certificate, except as
 3320  hereinafter provided. The holder of a certificate used to
 3321  qualify an organization must be a full-time employee of the
 3322  qualified organization or business. A certificateholder who is
 3323  employed by more than one fire protection contractor during the
 3324  same period of time is deemed not to be a full-time employee of
 3325  either contractor. The State Fire Marshal shall revoke, for a
 3326  period of time determined by the State Fire Marshal, the
 3327  certificate of a certificateholder who allows the use of the
 3328  certificate to qualify a company of which the certificateholder
 3329  is not a full-time employee. A contractor who maintains more
 3330  than one place of business must employ a certificateholder at
 3331  each location. Nothing in This subsection does not prohibit
 3332  prohibits an employee acting on behalf of governmental entities
 3333  from inspecting and enforcing firesafety codes, provided such
 3334  employee is certified under s. 633.216 633.081.
 3335         (3) A Any person who violates any provision of this act or
 3336  commits any of the acts constituting cause for disciplinary
 3337  action as herein set forth commits is guilty of a misdemeanor of
 3338  the second degree, punishable as provided in s. 775.082 or s.
 3339  775.083.
 3340         (4) In addition to the penalties provided in subsection
 3341  (3), a fire protection contractor certified under this chapter
 3342  who violates any provision of this section or who commits any
 3343  act constituting cause for disciplinary action is subject to
 3344  suspension or revocation of the certificate and administrative
 3345  fines pursuant to s. 633.338 633.547.
 3346         Section 49. Section 633.547, Florida Statutes, is
 3347  transferred and renumbered as section 633.338, Florida Statutes,
 3348  and paragraphs (d) and (h) of subsection (2) and subsection (3)
 3349  of that section are amended, to read:
 3350         633.338 633.547 Disciplinary action; fire protection system
 3351  contractors; grounds for denial, nonrenewal, suspension, or
 3352  revocation of certificate or permit.—
 3353         (2) The following acts constitute cause for disciplinary
 3354  action:
 3355         (d) Disciplinary action by any municipality, or county, or
 3356  special district, which action shall be reviewed by the State
 3357  Fire Marshal before taking any disciplinary action.
 3358         (h) Failing to provide proof of insurance to the State Fire
 3359  Marshal or failing to maintain in force the insurance coverage
 3360  required by s. 633.318 633.521.
 3361         (3) The State Fire Marshal is authorized to take the
 3362  following disciplinary action:
 3363         (a) She or he may suspend the contractor’s certificate
 3364  certificateholder for a period of up to not to exceed 2 years.
 3365  During that period, the contractor must cease all operations as
 3366  a contractor, but the State Fire Marshal may authorize the
 3367  certificateholder from all operations as a contractor during the
 3368  period fixed by the State Fire Marshal, but she or he may permit
 3369  the certificateholder to complete any contracts then incomplete.
 3370         (b) She or he may revoke a certificate for a period not to
 3371  exceed 5 years.
 3372         Section 50. Section 633.549, Florida Statutes, is
 3373  transferred, renumbered as section 633.342, Florida Statutes,
 3374  and amended to read:
 3375         633.342 633.549 Violations subject to injunction.—A Any
 3376  person who operates as a contractor without a current
 3377  certificate or who violates any part of this chapter or any
 3378  rule, decision, order, direction, demand, or requirement of the
 3379  State Fire Marshal in relation thereto, or any part or provision
 3380  thereof, may be enjoined by the courts of the state from any
 3381  such violation or such unauthorized or unlawful contracting at
 3382  the request instance of the State Fire Marshal, the board, or
 3383  any resident citizen or taxpayer of the state.
 3384         Section 51. Section 633.554, Florida Statutes, is
 3385  transferred and renumbered as section 633.344, Florida Statutes.
 3386         Section 52. Section 633.70, Florida Statutes, is
 3387  transferred and renumbered as section 633.346, Florida Statutes,
 3388  and subsection (1) of that section is amended, to read:
 3389         633.346 633.70 Jurisdiction of State Fire Marshal over
 3390  alarm system contractors and certified unlimited electrical
 3391  contractors.—
 3392         (1) If When the State Fire Marshal, in the course of its
 3393  activities pursuant to s. 633.104(2) 633.01(2), determines that
 3394  an alarm system contractor or a certified unlimited electrical
 3395  contractor working with an alarm system has violated any
 3396  provision of this chapter or the rules of the State Fire
 3397  Marshal, the State Fire Marshal shall have jurisdiction,
 3398  notwithstanding any other provision of this chapter, to order
 3399  corrective action by the alarm system contractor or the
 3400  certified unlimited electrical contractor to bring the alarm
 3401  system into compliance with applicable standards set forth in
 3402  this chapter and the rules of the State Fire Marshal.
 3403         Section 53. Section 633.701, Florida Statutes, is
 3404  transferred and renumbered as section 633.348, Florida Statutes.
 3405         Section 54. Section 633.702, Florida Statutes, is
 3406  transferred and renumbered as section 633.3482, Florida
 3407  Statutes, and subsection (2) and paragraph (c) of subsection (3)
 3408  of that section are amended, to read:
 3409         633.3482 633.702 Prohibited acts regarding alarm system
 3410  contractors or certified unlimited electrical contractors;
 3411  penalties.—
 3412         (2) A Any person who violates this section commits is
 3413  guilty of a misdemeanor of the second degree, punishable as
 3414  provided in s. 775.082 or s. 775.083.
 3415         (3) It is a misdemeanor of the first degree, punishable as
 3416  provided in s. 775.082 or s. 775.083, for any fire alarm system
 3417  contractor or certified unlimited electrical contractor to
 3418  intentionally or willfully:
 3419         (c) Knowingly combine combining or conspire conspiring with
 3420  a any person by allowing one’s certificate to be used by an any
 3421  uncertified person with intent to evade the provisions of this
 3422  act. When a licensee allows his or her license to be used by one
 3423  or more companies without having any active participation in the
 3424  operation or management of the said companies, such act
 3425  constitutes prima facie evidence of any intent to evade the
 3426  provisions of this chapter act.
 3427         Section 55. The Division of Law Revision and Information is
 3428  directed to create part IV of chapter 633, Florida Statutes,
 3429  consisting of sections 633.402, 633.404, 633.406, 633.408,
 3430  633.412, 633.414, 633.416, 633.418, 633.422, 633.424, 633.426,
 3431  633.428, 633.432, 633.434, 633.436, 633.438, 633.442, 633.444,
 3432  and 633.446, Florida Statutes, to be entitled “Fire Standards
 3433  and Training.”
 3434         Section 56. Section 633.31, Florida Statutes, is
 3435  transferred and renumbered as section 633.402, Florida Statutes,
 3436  subsection (1) of that section is amended, and new subsections
 3437  (5) through (9) are added to that section, to read:
 3438         633.402 633.31 Firefighters Employment, Standards, and
 3439  Training Council; organization; meetings; quorum; compensation;
 3440  seal; special powers; firefighter training.—
 3441         (1) There is created within the department a Firefighters
 3442  Employment, Standards, and Training Council of 14 13 members.
 3443         (a) The members shall be appointed as follows:
 3444         1. Two members shall be fire chiefs appointed by the
 3445  Florida Fire Chiefs Association.,
 3446         2. Two members shall be firefighters, who are not officers,
 3447  appointed by the Florida Professional Firefighters Association.,
 3448         3. Two members shall be firefighter officers, who are not
 3449  fire chiefs, appointed by the State Fire Marshal.,
 3450         4. One individual member appointed by the Florida League of
 3451  Cities.,
 3452         5. One individual member appointed by the Florida
 3453  Association of Counties.,
 3454         6. One individual member appointed by the Florida
 3455  Association of Special Districts.,
 3456         7. One individual member appointed by the Florida Fire
 3457  Marshals’ and Inspectors’ Marshal’s Association., and
 3458         8. One employee of the Florida Forest Service of the
 3459  Department of Agriculture and Consumer Services appointed by the
 3460  director of the Florida Forest Service.
 3461         9. One individual member appointed by the State Fire
 3462  Marshal., and
 3463         10. One member shall be a director or instructor of a
 3464  state-certified firefighting training facility appointed by the
 3465  State Fire Marshal.
 3466         11. The remaining member, who shall be appointed by the
 3467  State Fire Marshal, may not be a member or representative of the
 3468  firefighting profession or of any local government.
 3469         (b) To be eligible for appointment as a member under
 3470  subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
 3471  subparagraph (a)8., or subparagraph (a)10. fire chief member,
 3472  firefighter officer member, firefighter member, or a director or
 3473  instructor of a state-certified firefighting facility, a person
 3474  must shall have had at least 4 years’ experience in the
 3475  firefighting profession. The remaining member, who shall be
 3476  appointed by the State Fire Marshal, shall not be a member or
 3477  representative of the firefighting profession or of any local
 3478  government. Members shall serve only as long as they continue to
 3479  meet the criteria under which they were appointed, or unless a
 3480  member has failed to appear at three consecutive and properly
 3481  noticed meetings unless excused by the chair.
 3482         (5) The council shall elect to 1-year terms a chair and a
 3483  vice chair. A person may not serve more than two consecutive
 3484  terms in either office.
 3485         (6) The council shall meet at the call of the chair, at the
 3486  request of a majority of its membership, at the request of the
 3487  department, or at such times as are prescribed by its rules, and
 3488  a majority of the council shall constitute a quorum.
 3489         (7) Members of the council shall serve without compensation
 3490  but shall be entitled to be reimbursed for per diem and travel
 3491  expenses as provided by s. 112.061.
 3492         (8) The council may adopt a seal for its use containing the
 3493  words “Firefighters Employment, Standards, and Training
 3494  Council.”
 3495         (9) The council shall have special powers in connection
 3496  with the employment and training of firefighters to:
 3497         (a) Recommend, for adoption by the division, uniform
 3498  minimum standards for the employment and training of
 3499  firefighters and training of volunteer firefighters.
 3500         (b) Recommend, for adoption by the division, minimum
 3501  curriculum requirements for schools operated by or for any fire
 3502  service provider for the specific purpose of training
 3503  firefighter trainees, firefighters, and volunteer firefighters.
 3504         (c) Recommend, for adoption by the division, on matters
 3505  relating to the funding, general operation, and administration
 3506  of the Bureau of Fire Standards and Training (Florida State Fire
 3507  College), including, but not limited to, all standards,
 3508  training, curriculum, and the issuance of any certificate of
 3509  competency required by this chapter.
 3510         (d) Make or support studies on any aspect of firefighting
 3511  employment, education, and training or recruitment.
 3512         (e) Make recommendations concerning any matter within its
 3513  purview pursuant to this section.
 3514         Section 57. Section 633.42, Florida Statutes, is
 3515  transferred, renumbered as 633.404, Florida Statutes, and
 3516  amended to read:
 3517         633.404 633.42 Additional standards authorized.—Nothing
 3518  herein shall be construed to preclude a fire service provider an
 3519  employing agency from establishing qualifications and standards
 3520  for hiring, training, or promoting firefighters that exceed the
 3521  minimum set by the division department.
 3522         Section 58. Section 633.406, Florida Statutes, is created
 3523  to read:
 3524         633.406 Classes of certification.—
 3525         (1) The division may award one or more of the following
 3526  certificates:
 3527         (a) Firefighter Certificate of Compliance.—A Firefighter
 3528  Certificate of Compliance may be awarded to a person who meets
 3529  the requirements established in s. 633.408(4).
 3530         (b) Fire Safety Inspector Certificate of Compliance.—A Fire
 3531  Safety Inspector Certificate of Compliance may be awarded to a
 3532  person who meets the requirements established in s. 633.216(2).
 3533         (c) Special Certificate of Compliance.—A Special
 3534  Certificate of Compliance may be awarded to a person who
 3535  qualifies under s. 633.408(6).
 3536         (d) Forestry Certificate of Compliance.—A Forestry
 3537  Certificate of Compliance may be awarded to a person who has
 3538  satisfactorily complied with a training program and successfully
 3539  passed an examination as prescribed by rule, and who possesses
 3540  the qualifications established in s. 590.02(1)(e).
 3541         (e) Fire Service Instructor Certificate.—A Fire Service
 3542  Instructor Certificate may be awarded to a person who
 3543  demonstrates general or specialized knowledge, skills, and
 3544  abilities in firefighting service and meets the qualification
 3545  requirements prescribed by rule.
 3546         (f) Certificate of Competency.—A Certificate of Competency
 3547  may be awarded to a person who meets the experience, training,
 3548  advanced education, or examination requirements as prescribed by
 3549  rule, and is especially qualified for particular aspects of
 3550  firefighting service.
 3551         (g) Volunteer Firefighter Certificate of Completion.—A
 3552  Volunteer Firefighter Certificate of Completion may be awarded
 3553  to a person who has satisfactorily completed the training
 3554  requirements as prescribed by rule for a volunteer firefighter.
 3555         (2) The division may establish by rule certificates, in
 3556  addition to those provided in subsection (1), that the division
 3557  may award in recognition of special training or education
 3558  received by an individual, authorizing that individual to
 3559  perform specialized firefighting services or provide specialized
 3560  firefighting instruction, such as hazardous materials and urban
 3561  search and rescue.
 3562         Section 59. Section 633.35, Florida Statutes, is
 3563  transferred, renumbered as section 633.408, Florida Statutes,
 3564  and amended to read:
 3565         633.408 633.35 Firefighter and volunteer firefighter
 3566  training and certification.—
 3567         (1) The division shall establish by rule:
 3568         (a) A Minimum Standards Course and course examination to
 3569  provide the training required to obtain a Firefighter
 3570  Certificate of Compliance.
 3571         (b) Courses and course examinations to provide training
 3572  required to obtain a Volunteer Firefighter Certificate of
 3573  Completion or a Special Certificate of Compliance.
 3574         (c) Courses to provide continuing training for firefighters
 3575  and volunteer firefighters.
 3576         (2) Courses under subsection (1) may only be administered
 3577  by education or training providers approved by the division
 3578  pursuant to s. 633.128(1)(c) and taught by instructors certified
 3579  pursuant to s. 633.128(1)(d) a firefighter training program of
 3580  not less than 360 hours, administered by such agencies and
 3581  institutions as it approves for the purpose of providing basic
 3582  employment training for firefighters.
 3583         (3)(a) Nothing herein shall require a fire service provider
 3584  public employer to pay the cost of such training.
 3585         (b)A fire service provider may pay part or all of the
 3586  costs of tuition for attendance at approved courses.
 3587         (4)(2) The division shall issue a firefighter certificate
 3588  of compliance to any individual who:
 3589         (a)person Satisfactorily completes complying with the
 3590  Minimum Standards Course or who has satisfactorily completed
 3591  training for firefighters in another state which has been
 3592  determined by the division to be at least the equivalent of the
 3593  training required for the Minimum Standards Course.
 3594         (b) Passes the minimum standards course examination.
 3595  training program established in subsection (1), who has
 3596  successfully passed an examination as prescribed by the
 3597  division, and
 3598         (c)who Possesses the qualifications for employment in s.
 3599  633.412 633.34, except s. 633.34(5).
 3600         (5) The division shall issue a Volunteer Firefighter
 3601  Certificate of Completion to any individual who satisfactorily
 3602  completes the course established under paragraph (1)(b) No
 3603  person may be employed as a regular or permanent firefighter by
 3604  an employing agency, or by a private entity under contract with
 3605  the state or any political subdivision of the state, including
 3606  authorities and special districts, for a period of time in
 3607  excess of 1 year from the date of initial employment until he or
 3608  she has obtained such certificate of compliance. A person who
 3609  does not hold a certificate of compliance and is employed under
 3610  this section may not directly engage in hazardous operations,
 3611  such as interior structural firefighting and hazardous
 3612  materials-incident mitigation, requiring the knowledge and
 3613  skills taught in a training program established in subsection
 3614  (1). However, a person who has served as a volunteer firefighter
 3615  with the state or any political subdivision of the state,
 3616  including authorities and special districts, who is then
 3617  employed as a regular or permanent firefighter may function,
 3618  during this period, in the same capacity in which he or she
 3619  acted as a volunteer firefighter, provided that he or she has
 3620  completed all training required by the volunteer organization.
 3621         (3) The division may issue a certificate to any person who
 3622  has received basic employment training for firefighters in
 3623  another state when the division has determined that such
 3624  training was at least equivalent to that required by the
 3625  division for approved firefighter education and training
 3626  programs in this state and when such person has satisfactorily
 3627  complied with all other requirements of this section.
 3628         (6)(a) The division may also issue a Special Certificate of
 3629  Compliance to an individual a person who:
 3630         1. Satisfactorily completes the course established in
 3631  paragraph (1)(b) to obtain a Special Certificate of Compliance.
 3632         2. Passes the examination established in paragraph (1)(b),
 3633  to obtain a Special Certificate of Compliance.
 3634         3. Possesses the qualifications in s. 633.412 is otherwise
 3635  qualified under this section and who is employed as the
 3636  administrative and command head of a fire/rescue/emergency
 3637  services organization, based on the acknowledgment that such
 3638  person is less likely to need physical dexterity and more likely
 3639  to need advanced knowledge of firefighting and supervisory
 3640  skills.
 3641         (b)A special The certificate of compliance is valid only
 3642  authorizes an individual to serve while the person is serving in
 3643  a position as an administrative and command head of a fire
 3644  service provider fire/rescue/emergency services organization.
 3645         (7)(4)An individual A person who fails an examination
 3646  given under this section may retake the examination once within
 3647  6 months after the original examination date. If the individual
 3648  An applicant who does not retake the examination or fails the
 3649  reexamination within such time, the individual must take the
 3650  Minimum Standards Course for a Firefighter Certificate of
 3651  Compliance or the course established under paragraph (1)(b) for
 3652  a Special Certificate of Compliance, pursuant to subsection (1),
 3653  before being reexamined. The division may grant an extension of
 3654  the 6-month period based upon documented medical necessity and
 3655  may establish reasonable preregistration deadlines for such
 3656  reexaminations.
 3657         (8)(5) Pursuant to s. 590.02(1)(e), the division shall
 3658  establish a structural fire training program of not less than
 3659  206 40 hours. The division shall issue to a any person
 3660  satisfactorily complying with this training program and who has
 3661  successfully passed an examination as prescribed by the division
 3662  and who has met the requirements of s. 590.02(1)(e), a Forestry
 3663  Certificate of Compliance Certificate of Forestry Firefighter.
 3664         (6)An individual who holds a current and valid Forestry
 3665  Certificate of Compliance A certified forestry firefighter is
 3666  entitled to the same rights, privileges, and benefits provided
 3667  for by law as a certified firefighter.
 3668         Section 60. Section 633.34, Florida Statutes, is
 3669  transferred, renumbered as section 633.412, Florida Statutes,
 3670  and amended to read:
 3671         633.412 633.34 Firefighters; qualifications for
 3672  certification employment.—
 3673         (1)A Any person applying for certification employment as a
 3674  firefighter must:
 3675         (a)(1) Be a high school graduate or the equivalent, as the
 3676  term may be determined by the division, and at least 18 years of
 3677  age.
 3678         (b)(2)Not Neither have been convicted of a misdemeanor
 3679  relating to the certification or to perjury or false statements,
 3680  or a felony or a crime punishable by imprisonment of 1 year or
 3681  more under the law of the United States or of any state thereof
 3682  or under the law of any other country, or dishonorably
 3683  discharged from any of the Armed Forces of the United States.
 3684  “Convicted” means a finding of guilt or the acceptance of a plea
 3685  of guilty or nolo contendere, in any federal or state court or a
 3686  court in any other country, without regard to whether a judgment
 3687  of conviction has been entered by the court having jurisdiction
 3688  of the case felony or of a misdemeanor directly related to the
 3689  position of employment sought, nor have pled nolo contendere to
 3690  any charge of a felony. If an applicant has been convicted of a
 3691  felony, such applicant must be in compliance with s.
 3692  112.011(2)(b). If an applicant has been convicted of a
 3693  misdemeanor directly related to the position of employment
 3694  sought, such applicant shall be excluded from employment for a
 3695  period of 4 years after expiration of sentence. If the sentence
 3696  is suspended or adjudication is withheld in a felony charge or
 3697  in a misdemeanor directly related to the position or employment
 3698  sought and a period of probation is imposed, the applicant must
 3699  have been released from probation.
 3700         (c)(3) Submit fingerprints a fingerprint card to the
 3701  division with a current processing fee. The fingerprints
 3702  fingerprint card will be forwarded to the Department of Law
 3703  Enforcement for state processing, and forwarded by the
 3704  Department of Law Enforcement to and/or the Federal Bureau of
 3705  Investigation for national processing.
 3706         (d)(4) Have a good moral character as determined by
 3707  investigation under procedure established by the division.
 3708         (e)(5) Be in good physical condition as determined by a
 3709  medical examination given by a physician, surgeon, or physician
 3710  assistant licensed to practice in the state pursuant to chapter
 3711  458; an osteopathic physician, surgeon, or physician assistant
 3712  licensed to practice in the state pursuant to chapter 459; or an
 3713  advanced registered nurse practitioner licensed to practice in
 3714  the state pursuant to chapter 464. Such examination may include,
 3715  but need not be limited to, provisions of the National Fire
 3716  Protection Association Standard 1582. A medical examination
 3717  evidencing good physical condition shall be submitted to the
 3718  division, on a form as provided by rule, before an individual is
 3719  eligible for admission into a course under firefighter training
 3720  program as defined in s. 633.408 633.35.
 3721         (f)(6) Be a nonuser of tobacco or tobacco products for at
 3722  least 1 year immediately preceding application, as evidenced by
 3723  the sworn affidavit of the applicant.
 3724         (2) If the division suspends or revokes an individual’s
 3725  certificate, the division must suspend or revoke all other
 3726  certificates issued by the division pursuant to this part.
 3727         Section 61. Section 633.352, Florida Statutes, is
 3728  transferred, renumbered as section 633.414, Florida Statutes,
 3729  and amended to read:
 3730         633.414 633.352 Retention of firefighter certification.—
 3731         (1) In order for a firefighter to retain her or his
 3732  Firefighter Certificate of Compliance, every 4 years he or she
 3733  must:
 3734         (a) Be Any certified firefighter who has not been active as
 3735  a firefighter, or as a volunteer firefighter with an organized
 3736  fire department, for a period of 3 years shall be required to
 3737  retake the practical portion of the minimum standards state
 3738  examination specified in rule 69A-37.056(6)(b), Florida
 3739  Administrative Code, in order to maintain her or his
 3740  certification as a firefighter;
 3741         (b) Maintain a current and valid fire service instructor
 3742  certificate, instruct at least 40 hours during the 4-year
 3743  period, and provide proof of such instruction to the division,
 3744  which proof must be registered in an electronic database
 3745  designated by the division;
 3746         (c) Successfully complete a refresher course consisting of
 3747  a minimum of 40 hours of training to be prescribed by rule; or
 3748         (d) Within 6 months before the 4-year period expires,
 3749  successfully retake and pass the Minimum Standards Course
 3750  examination.
 3751         (2) In order for a volunteer firefighter to retain her or
 3752  his Volunteer Firefighter Certificate of Completion, every 4
 3753  years he or she must:
 3754         (a) Be active as a volunteer firefighter; or
 3755         (b) Successfully complete a refresher course consisting of
 3756  a minimum of 40 hours of training to be prescribed by rule.
 3757         (3) Subsection (1) however, this requirement does not apply
 3758  to state-certified firefighters who are certified and employed
 3759  as full-time, as determined by the fire service provider, as
 3760  firesafety inspectors or fire investigators firesafety
 3761  instructors, regardless of her or his the firefighter’s
 3762  employment status as a firefighter.
 3763         (4) For the purposes of this section, the term “active”
 3764  means being employed as a firefighter or providing service as a
 3765  volunteer firefighter for a cumulative 6 months within a 4-year
 3766  period.
 3767         (5) The 4-year 3-year period begins:
 3768         (a) If the individual is certified on or after July 1,
 3769  2013, on the date the certificate of compliance is issued or
 3770  upon termination of employment or service with a an organized
 3771  fire department.
 3772         (b) If the individual is certified before July 1, 2013, on
 3773  July 1, 2014, or upon termination of employment or service
 3774  thereafter.
 3775         Section 62. Section 633.41, Florida Statutes, is
 3776  transferred, renumbered as section 633.416, Florida Statutes,
 3777  and amended to read:
 3778         633.416 633.41Firefighter employment and volunteer
 3779  firefighter service; saving clause.—
 3780         (1) A fire service provider may not employ an individual
 3781  to:
 3782         (a) Extinguish fires for the protection of life or property
 3783  or to supervise individuals who perform such services unless the
 3784  individual holds a current and valid Firefighter Certificate of
 3785  Compliance; or
 3786         (b) Serve as the administrative and command head of a fire
 3787  service provider for a period in excess of 1 year unless the
 3788  individual holds a current and valid Firefighter Certificate of
 3789  Compliance or Special Certificate of Compliance.
 3790         (2) A fire service provider may not retain the services of
 3791  an individual volunteering to extinguish fires for the
 3792  protection of life or property or to supervise individuals who
 3793  perform such services unless the individual holds a current and
 3794  valid Volunteer Firefighter Certificate of Completion.
 3795         (3)(a) A fire service provider must make a diligent effort
 3796  to determine whether the individual has a current and valid
 3797  certificate before employing or retaining an individual for the
 3798  services under subsection (1) or subsection (2), including
 3799  making a determination of whether the requirements set forth in
 3800  s. 633.414 have been fulfilled.
 3801         (b) For the purposes of this subsection, the term “diligent
 3802  effort” means contacting at least three of the individual’s
 3803  previous employers to obtain her or his dates of employment and
 3804  contacting the division to determine the certification status of
 3805  the individual.
 3806         (4)(a) A fire service provider must notify the division
 3807  electronically, as directed by rule by the division, within 10
 3808  days after:
 3809         1. The hiring of a firefighter.
 3810         2. The retention of a volunteer firefighter.
 3811         3. The cessation of employment of a firefighter.
 3812         4. A decision not to retain a volunteer firefighter.
 3813         (b) Notification under paragraph (a) must include:
 3814         1. The individual’s name.
 3815         2. The date on which he or she was hired or retained.
 3816         3. The last date of employment or retention before leaving
 3817  the fire service provider.
 3818         4. Any other information deemed necessary by the division
 3819  to determine compliance with ss. 633.414 and 633.426.
 3820         (5) If the fire service provider makes a determination that
 3821  an individual has not met the requirements set forth in s.
 3822  633.414(1), the fire service provider must notify the division
 3823  in writing within 10 days after making that determination.
 3824         (6) The division may conduct site visits to fire
 3825  departments to monitor compliance with this section.
 3826         (7) For purposes of this section, the term “employ” means
 3827  to pay an individual a salary, wage, or other compensation for
 3828  the performance of work. The term does not include the payment
 3829  of expenses, reasonable benefits, a nominal fee, or a
 3830  combination thereof to a volunteer for a public or private fire
 3831  service provider who is only paid in a manner that would be
 3832  authorized for a volunteer under the federal Fair Labor
 3833  Standards Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.,
 3834  and its implementing rules.
 3835         (8) Firefighters employed on July 5, 1969, are not required
 3836  to meet the provisions of ss. 633.412 and 633.408 633.34 and
 3837  633.35 as a condition of tenure or continued employment, and;
 3838  nor shall their failure to fulfill such requirements does not
 3839  make them ineligible for any promotional examination for which
 3840  they are otherwise eligible or affect in any way any pension
 3841  rights to which they may be entitled on July 5, 1969.
 3842         Section 63. Section 633.38, Florida Statutes, is
 3843  transferred, renumbered as section 633.418, Florida Statutes,
 3844  and amended to read:
 3845         633.418 633.38 Inservice training and promotion;
 3846  participation.—
 3847         (1)(a) The division shall by rule rules and regulations
 3848  prescribe curricula and standards for advanced and specialized
 3849  training courses and education training in addition to those
 3850  prescribed in ss. 633.412 and 633.408 633.34 and 633.35.
 3851         (b) The standards provided by this section do shall not
 3852  bind any fire service provider employing agency as to the
 3853  requirements it may have for promoting personnel.
 3854         (2) A fire service provider departments or any fire service
 3855  participating under the provisions of this section shall adhere
 3856  to the standards and procedures established by the division.
 3857         Section 64. Section 633.382, Florida Statutes, is
 3858  transferred, renumbered as section 633.422, Florida Statutes,
 3859  and amended to read:
 3860         633.422 633.382 Firefighters; supplemental compensation.—
 3861         (1) DEFINITIONS.—As used in this section, the term:
 3862         (a) “Employing agency” means any municipality or any
 3863  county, the state, or any political subdivision of the state,
 3864  including authorities and special districts employing
 3865  firefighters.
 3866         (b) “Firefighter” means any person who meets the definition
 3867  of the term “firefighter” in s. 633.30(1) who is certified in
 3868  compliance with s. 633.35 and who is employed solely within the
 3869  fire department of the employing agency or is employed by the
 3870  division.
 3871         (1)(2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.—The
 3872  Legislature recognizes the need for supplemental compensation
 3873  for firefighters who pursue higher educational opportunities
 3874  that directly relate to the improvement of the health, safety,
 3875  and welfare of firefighters and those who firefighters protect.
 3876  The State Fire Marshal shall determine, and adopt by rule, the
 3877  course work or degrees that represent the best practices toward
 3878  this goal in the field of firefighting.
 3879         (a) In addition to the compensation now paid by a fire
 3880  service provider an employing agency to any firefighter, every
 3881  firefighter shall be paid supplemental compensation by the fire
 3882  service provider employing agency when such firefighter is a
 3883  full-time employee, as determined by the employing fire service
 3884  provider, and has complied with one of the following criteria:
 3885         1. A Any firefighter who receives an associate degree from
 3886  an accredited a college, which degree is directly applicable to
 3887  fire department duties, as outlined in policy guidelines adopted
 3888  by rule by of the division, shall be additionally compensated as
 3889  outlined in paragraph (2)(a) (3)(a).
 3890         2. A Any firefighter, regardless of whether or not she or
 3891  he earned an associate degree earlier, who receives from an
 3892  accredited college or university a bachelor’s degree, which
 3893  bachelor’s degree is directly applicable to fire department
 3894  duties, as outlined in policy guidelines adopted by rule by of
 3895  the division, shall receive compensation as outlined in
 3896  paragraph (2)(b) (3)(b).
 3897         (b) If Whenever any question arises as to the eligibility
 3898  of any firefighter to receive supplemental compensation as
 3899  provided in this section, the question, together with all facts
 3900  relating thereto, must shall be submitted to the division for
 3901  determination, and the decision of the division with regard to
 3902  determination of eligibility shall be final, subject to the
 3903  provisions of chapter 120.
 3904         (2)(3) SUPPLEMENTAL COMPENSATION.—Supplemental compensation
 3905  shall be determined as follows:
 3906         (a) Fifty dollars shall be paid monthly to each firefighter
 3907  who qualifies under the provisions of subparagraph (1)(a)1
 3908  (2)(a)1.
 3909         (b) One hundred and ten dollars shall be paid monthly to
 3910  each firefighter who qualifies under the provisions of
 3911  subparagraph (1)(a)2 (2)(a)2.
 3912         (3)(4) FUNDING.—
 3913         (a) The fire service provider employing agency is
 3914  responsible for the correct payment of firefighters pursuant to
 3915  the provisions of this section. The division may review, in a
 3916  postaudit capacity, any action taken by an agency in
 3917  administering the educational incentive program. The fire
 3918  service provider employing agency shall take appropriate action
 3919  when a postaudit shows that an action taken by the fire service
 3920  provider employing agency was in error.
 3921         (b) Each fire service provider agency employing
 3922  firefighters who are eligible for this compensation shall submit
 3923  reports containing information relating to compensation paid as
 3924  a result of this section to the division on March 31, June 30,
 3925  September 30, and December 31 of each year.
 3926         (c) There is appropriated from the Police and Firefighter’s
 3927  Premium Tax Trust Fund to the Firefighters’ Supplemental
 3928  Compensation Trust Fund, which is hereby created under the
 3929  Department of Revenue, all moneys which have not been
 3930  distributed to municipalities and special fire control districts
 3931  in accordance with s. 175.121 as a result of the limitation
 3932  contained in s. 175.122 on the disbursement of revenues
 3933  collected pursuant to chapter 175 or as a result of any
 3934  municipality or special fire control district not having
 3935  qualified in any given year, or portion thereof, for
 3936  participation in the distribution of the revenues collected
 3937  pursuant to chapter 175. The total required annual distribution
 3938  from the Firefighters’ Supplemental Compensation Trust Fund
 3939  shall equal the amount necessary to pay supplemental
 3940  compensation as provided in this section, provided that:
 3941         1. Any deficit in the total required annual distribution
 3942  shall be made up from accrued surplus funds existing in the
 3943  Firefighters’ Supplemental Compensation Trust Fund on June 30,
 3944  1990, for as long as such funds last. If the accrued surplus is
 3945  insufficient to cure the deficit in any given year, the
 3946  proration of the appropriation among the counties,
 3947  municipalities, and special fire service taxing districts shall
 3948  equal the ratio of compensation paid in the prior year to
 3949  county, municipal, and special fire service taxing district
 3950  firefighters pursuant to this section. This ratio shall be
 3951  provided annually to the Department of Revenue by the division
 3952  of State Fire Marshal. Surplus funds that have accrued or accrue
 3953  on or after July 1, 1990, shall be redistributed to
 3954  municipalities and special fire control districts as provided in
 3955  subparagraph 2.
 3956         2. By October 1 of each year, any funds that have accrued
 3957  or accrue on or after July 1, 1990, and remain in the
 3958  Firefighters’ Supplemental Compensation Trust Fund following the
 3959  required annual distribution shall be redistributed by the
 3960  Department of Revenue pro rata to those municipalities and
 3961  special fire control districts identified by the Department of
 3962  Management Services as being eligible for additional funds
 3963  pursuant to s. 175.121(3)(b).
 3964         (d) Salary incentive payments to firefighters shall
 3965  commence in the first full calendar month following the initial
 3966  date of certification of eligibility by the division of State
 3967  Fire Marshal.
 3968         (e) Special fire service taxing districts are authorized
 3969  and empowered to spend expend the funds necessary to ensure
 3970  correct payment to firefighters.
 3971         (4)(5) LEGISLATIVE FINDINGS.—The payment of supplemental
 3972  compensation and expenses of the administration provided by this
 3973  section is found to serve a state, county, district, and
 3974  municipal purpose and to provide benefit to the state and to its
 3975  counties, municipalities, and districts.
 3976         (5) APPLICABILITY.—For the purposes of this section, the
 3977  division shall be considered a fire service provider responsible
 3978  for the payment of supplemental compensation in accordance with
 3979  this section to firefighters employed full-time by the division.
 3980         Section 65. Section 633.353, Florida Statutes, is
 3981  transferred, renumbered as section 633.424, Florida Statutes,
 3982  and amended to read:
 3983         633.424 633.353 Falsification of qualifications.—An
 3984  individual Any person who willfully and knowingly falsifies her
 3985  or his the qualifications of a new employee to the Bureau of
 3986  Fire Standards and Training of the division commits is guilty of
 3987  a misdemeanor of the second degree, punishable as provided in s.
 3988  775.082 or s. 775.083.
 3989         Section 66. Section 633.351, Florida Statutes, is
 3990  transferred, renumbered as section 633.426, Florida Statutes,
 3991  and amended to read:
 3992         633.426 633.351 Disciplinary action; firefighters;
 3993  standards for revocation of certification.—
 3994         (1) For purposes of this section, the term:
 3995         (a) “Certificate” means any of the certificates issued
 3996  under s. 633.406.
 3997         (b) “Certification” or “certified” means the act of holding
 3998  a current and valid certificate.
 3999         (c) “Convicted” means a finding of guilt, or the acceptance
 4000  of a plea of guilty or nolo contendere, in any federal or state
 4001  court or a court in any other country, without regard to whether
 4002  a judgment of conviction has been entered by the court having
 4003  jurisdiction of the case.
 4004         (2) An individual is ineligible to apply for certification
 4005  if the individual has, at any time, been:
 4006         (a) Convicted of a misdemeanor relating to the
 4007  certification or to perjury or false statements.
 4008         (b) Convicted of a felony or a crime punishable by
 4009  imprisonment of 1 year or more under the law of the United
 4010  States or of any state thereof, or under the law of any other
 4011  country.
 4012         (c) Dishonorably discharged from any of the Armed Forces of
 4013  the United States.
 4014         (3)(a) The certification of an individual shall be
 4015  permanently revoked if the individual is:
 4016         1. Convicted of a misdemeanor relating to perjury or false
 4017  statement.
 4018         2. Convicted of a felony or a crime punishable by
 4019  imprisonment of 1 year or more under the law of the United
 4020  States or of any state thereof, or under the law of any other
 4021  country.
 4022         3. Dishonorably discharged from any of the Armed Forces of
 4023  the United States.
 4024         (b) For individuals who are certified before July 1, 2013:
 4025         1. This subsection applies prospectively to convictions or
 4026  dishonorable discharges entered on or after July 1, 2013.
 4027         2. Section 633.351 as it existed before July 1, 2013,
 4028  applies to convictions entered before July 1, 2013.
 4029         (4) The certification of an individual a firefighter shall
 4030  be revoked if evidence is found which demonstrates that the
 4031  certification was improperly issued by the division or if
 4032  evidence is found that the certification was issued on the basis
 4033  of false, incorrect, incomplete, or misleading information, or
 4034  that the individual has demonstrated a lack of moral fitness or
 4035  trustworthiness to carry out the responsibilities under the
 4036  individual’s certification.
 4037         (5) After investigation, if the division has reason to
 4038  believe that an individual who is certified may have been
 4039  convicted of a felony or of a misdemeanor related to perjury or
 4040  false statement in this state or any other state or
 4041  jurisdiction, the division may require the individual to submit
 4042  fingerprints to the division with a current processing fee. The
 4043  fingerprints shall be forwarded by the division to the
 4044  Department of Law Enforcement for state processing and shall be
 4045  forwarded by the Department of Law Enforcement to the Federal
 4046  Bureau of Investigation for national processing.
 4047         (2) The certification of a firefighter who is convicted of
 4048  a felony, or who is convicted of a misdemeanor relating to
 4049  misleading or false statements, or who pleads nolo contendere to
 4050  any charge of a felony shall be revoked until the firefighter
 4051  complies with s. 112.011(2)(b). However, if sentence upon such
 4052  felony or such misdemeanor charge is suspended or adjudication
 4053  is withheld, the firefighter’s certification shall be revoked
 4054  until she or he completes any probation.
 4055         Section 67. Section 633.43, Florida Statutes, is
 4056  transferred, renumbered as section 633.428, Florida Statutes,
 4057  and amended to read:
 4058         633.428 633.43 Florida State Fire College established.
 4059  There is hereby established a state institution to be known as
 4060  the Florida State Fire College, to be located at or near Ocala,
 4061  Marion County. The institution shall be operated by the division
 4062  of State Fire Marshal of the department.
 4063         Section 68. Section 633.44, Florida Statutes, is
 4064  transferred, renumbered as section 633.432, Florida Statutes,
 4065  and amended to read:
 4066         633.432 633.44 Purpose of fire college.—The purposes of
 4067  part IV ss. 633.43-633.49 and of the Florida State Fire College
 4068  are shall be:
 4069         (1) To provide professional and volunteer firefighters with
 4070  needful professional instruction and training in subjects,
 4071  including, but not limited to, firefighting, fire prevention,
 4072  hazardous materials, urban search and rescue, and emergency
 4073  operations, at a minimum of cost to them and to their employers.
 4074         (2) To ensure the professionalism and competence of those
 4075  performing firefighting, fire prevention, and associated fire
 4076  protection functions by administering a system of certification
 4077  and licensing.
 4078         (3)(2) To develop new methods and practices of firefighting
 4079  and fire prevention.
 4080         (4)(3) To assist the state and county, municipal, and other
 4081  local governments of this state and their agencies and officers
 4082  in their investigation and determination of the causes of fires.
 4083         (5)(4) To provide testing facilities for testing
 4084  firefighting equipment.
 4085         (6)(5) To disseminate useful information on fires,
 4086  firefighting and fire prevention and other related subjects, to
 4087  fire departments and others interested in such information.
 4088         (7)(6) To do such other needful or useful things necessary
 4089  to the promotion of public safety in the field of fire hazards
 4090  and fire prevention work.
 4091  
 4092  It is hereby declared by the Legislature that the above purposes
 4093  are legitimate state functions and are designed to promote
 4094  public safety.
 4095         Section 69. Section 633.48, Florida Statutes, is
 4096  transferred, renumbered as section 633.434, Florida Statutes,
 4097  and amended to read:
 4098         633.434 633.48 Superintendent of college.—The division may
 4099  employ a superintendent for the Florida State Fire College, who
 4100  must shall be especially trained and qualified in firefighting,
 4101  fire prevention and fire experimental work, and may employ on
 4102  the recommendations of the said superintendent such other
 4103  instructors, experimental helpers and laborers as may be
 4104  necessary to the proper conduct of the said institution; and may
 4105  proceed with the erection and detailed operation of the said
 4106  institution under ss. 633.428-633.444 633.43-633.49.
 4107         Section 70. Section 633.461, Florida Statutes, is
 4108  transferred, renumbered as section 633.436, Florida Statutes,
 4109  and amended to read:
 4110         633.436 633.461 Use of Insurance Regulatory Trust Fund.—The
 4111  funds received from the Insurance Regulatory Trust Fund shall be
 4112  used by the staff of the Florida State Fire College to provide
 4113  all necessary services, training, equipment, and supplies to
 4114  carry out the college’s responsibilities, including, but not
 4115  limited to, the State Fire Marshal Scholarship Grant Program and
 4116  the procurement of training resources and films, videotapes,
 4117  audiovisual equipment, and other useful information on fire,
 4118  firefighting, and fire prevention, including public fire service
 4119  information packages.
 4120         Section 71. Section 633.47, Florida Statutes, is
 4121  transferred and renumbered as section 633.438, Florida Statutes.
 4122         Section 72. Section 633.49, Florida Statutes, is
 4123  transferred, renumbered as section 633.442, Florida Statutes,
 4124  and amended to read:
 4125         633.442 633.49 Buildings, equipment, and other facilities;
 4126  use.—The division shall have the power to prescribe and shall
 4127  make the necessary rules and regulations for the use of
 4128  buildings, equipment, and other facilities of the Florida State
 4129  Fire College when they are not in use for the purposes set forth
 4130  in part IV ss. 633.43-633.49.
 4131         Section 73. Section 633.50, Florida Statutes, is
 4132  transferred, renumbered as section 633.444, Florida Statutes,
 4133  and amended to read:
 4134         633.444 633.50 Division powers and duties; Florida State
 4135  Fire College.—
 4136         (1) The division, in performing its duties related to the
 4137  Florida State Fire College, specified in part IV ss. 633.43
 4138  633.49, shall:
 4139         (a) Enter into agreements with public or private school
 4140  districts, community colleges, junior colleges, or state
 4141  universities to carry out its duties and responsibilities.
 4142         (b) Review and approve budget requests for the fire college
 4143  educational program.
 4144         (c) Prepare the legislative budget request for the Florida
 4145  State Fire College education program. The superintendent is
 4146  responsible for all expenditures pursuant to appropriations.
 4147         (d) Implement procedures to obtain appropriate entitlement
 4148  funds from federal and state grants to supplement the annual
 4149  legislative appropriation. Such funds must be used expressly for
 4150  the fire college educational programs.
 4151         (e) Develop a staffing and funding formula for the Florida
 4152  State Fire College. The formula must shall include differential
 4153  funding levels for various types of programs, must shall be
 4154  based on the number of full-time equivalent students and
 4155  information obtained from scheduled attendance counts taken the
 4156  first day of each program, and must shall provide the basis for
 4157  the legislative budget request. As used in this section, a full
 4158  time equivalent student is equal to a minimum of 900 hours in a
 4159  technical certificate program and 400 hours in a degree-seeking
 4160  program. The funding formula must shall be as prescribed
 4161  pursuant to s. 1011.62, must shall include procedures to
 4162  document daily attendance, and must shall require that
 4163  attendance records be retained for audit purposes.
 4164         (f) Approve and register in an electronic database an
 4165  education or training provider, designated by the division,
 4166  before the education or training provider may offer any course
 4167  to fulfill any education or training requirement under this
 4168  chapter. The division shall establish criteria, by rule, for the
 4169  approval of such education or training providers, including
 4170  courses taught. Only approved and registered education or
 4171  training providers are eligible to provide instruction or
 4172  training that will be recognized by the division as fulfilling
 4173  any education or training requirement under this chapter.
 4174         (g) Recognize only courses offered by approved and
 4175  registered training or education providers as fulfilling the
 4176  education or training requirements under this chapter.
 4177         (2) Funds generated by the formula per full-time equivalent
 4178  student may not exceed the level of state funding per full-time
 4179  equivalent student generated through the Florida Education
 4180  Finance Program or the State Community College Program Fund for
 4181  students enrolled in comparable education programs provided by
 4182  public school districts and community colleges. Funds
 4183  appropriated for education and operational costs shall be
 4184  deposited in the Insurance Regulatory Trust Fund to be used
 4185  solely for purposes specified in s. 633.436 633.461 and may not
 4186  be transferred to any other budget entity for purposes other
 4187  than education.
 4188         Section 74. Section 633.46, Florida Statues, is transferred
 4189  and renumbered as section 633.446, Florida Statutes.
 4190         Section 75. The Division of Law Revision and Information is
 4191  directed to create part V of chapter 633, Florida Statutes,
 4192  consisting of sections 633.502, 633.504, 633.506, 633.508,
 4193  633.512, 633.516, 633.518, 633.520, 633.522, 633.526, 633.528,
 4194  633.532, 633.534, and 633.536, Florida Statutes, to be entitled
 4195  “Florida Firefighters Occupational Safety and Health Act.”
 4196         Section 76. Section 633.801, Florida Statutes, is
 4197  transferred, renumbered as section 633.502, Florida Statutes,
 4198  and amended to read:
 4199         633.502 633.801 Short title.—Sections 633.502-633.536,
 4200  633.801-633.821 may be cited as the “Florida Firefighters
 4201  Occupational Safety and Health Act.”
 4202         Section 77. Section 633.802, Florida Statutes, is
 4203  transferred and renumbered as section 633.504, Florida Statutes,
 4204  and subsections (1), (2), and (4) of that section are amended,
 4205  to read:
 4206         633.504 633.802 Definitions.—As used in this part, the term
 4207  Unless the context clearly requires otherwise, the following
 4208  definitions shall apply to ss. 633.801-633.821:
 4209         (1) “Firefighter employee” means a firefighter, volunteer
 4210  firefighter, or individual providing support services who is any
 4211  person engaged in any employment, public or private, as a
 4212  firefighter under any appointment or contract of hire or
 4213  apprenticeship, express or implied, oral or written, whether
 4214  lawfully or unlawfully employed, responding to or assisting with
 4215  fire or medical emergencies, regardless of whether or not the
 4216  firefighter is on duty, except those appointed under s.
 4217  590.02(1)(d).
 4218         (2) “Firefighter employer” means the state and all
 4219  political subdivisions of this state, all public and quasi
 4220  public corporations in this state, and a every person carrying
 4221  on any employment for this state, political subdivisions of this
 4222  state, and public and quasi-public corporations in this state
 4223  which employs firefighter employees firefighters, except those
 4224  appointed under s. 590.02(1)(d).
 4225         (4) “Firefighter place of employment” or “place of
 4226  employment” means the physical location at which the firefighter
 4227  employee is employed or deployed.
 4228         Section 78. Section 633.803, Florida Statutes, is
 4229  transferred, renumbered as section 633.506, Florida Statutes,
 4230  and amended to read:
 4231         633.506 633.803 Legislative intent.—It is the intent of the
 4232  Legislature to enhance firefighter occupational safety and
 4233  health in the state through the implementation and maintenance
 4234  of policies, procedures, practices, rules, and standards that
 4235  reduce the incidence of firefighter employee accidents,
 4236  firefighter employee occupational diseases, and firefighter
 4237  employee fatalities compensable under chapter 440 or otherwise.
 4238  The Legislature further intends that the division develop a
 4239  means by which the division can identify individual firefighter
 4240  employers with a high frequency or severity of work-related
 4241  injuries, conduct safety inspections of those firefighter
 4242  employers, and assist those firefighter employers in the
 4243  development and implementation of firefighter employee safety
 4244  and health programs. In addition, it is the intent of the
 4245  Legislature that the division administer and enforce this part
 4246  the provisions of ss. 633.801-633.821; provide assistance to
 4247  firefighter employers, firefighter employees, and insurers; and
 4248  enforce the policies, rules, and standards set forth in this
 4249  part ss. 633.801-633.821.
 4250         Section 79. Section 633.821, Florida Statutes, is
 4251  transferred and renumbered as section 633.508, Florida Statutes,
 4252  subsections (2), (3), (5), and (6) of that section are amended,
 4253  and subsection (7) is added to that section, to read:
 4254         633.508 633.821 Workplace safety; rulemaking authority;
 4255  division authority.—
 4256         (2) The division shall have the authority to adopt rules
 4257  for the purpose of ensuring safe working conditions for all
 4258  firefighter employees by authorizing the enforcement of
 4259  effective standards, by assisting and encouraging firefighter
 4260  employers to maintain safe working conditions, and by providing
 4261  for education and training in the field of safety. Specifically,
 4262  the division may by rule adopt the most current edition of all
 4263  or any part of subparts C through T and subpart Z of 29 C.F.R.
 4264  s. 1910, as revised April 8, 1998; the National Fire Protection
 4265  Association, Inc., Standard 1500, paragraph 5-7 (Personal Alert
 4266  Safety System) (1992 edition); the National Fire Protection
 4267  Association, Inc., Publication 1403, Standard on Live Fire
 4268  Training Evolutions (latest edition), as limited by subsection
 4269  (6); and ANSI A 10.4-1990.
 4270         (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
 4271  individuals located outside the immediately dangerous to life
 4272  and health atmosphere may be assigned to an additional role,
 4273  such as incident commander, pumper operator, engineer, or
 4274  driver, so long as such individual can is able to immediately
 4275  perform assistance or rescue activities without jeopardizing the
 4276  safety or health of any firefighter employee working at an
 4277  incident. Also with respect to 29 C.F.R. s. 1910.134(g)(4):
 4278         (a) Each county, municipality, and special district shall
 4279  implement such provision by April 1, 2002, except as provided in
 4280  paragraphs (b) and (c).
 4281         (b) If any county, municipality, or special district is
 4282  unable to implement such provision by April 1, 2002, without
 4283  adding additional personnel to its firefighting staff or
 4284  expending significant additional funds, such county,
 4285  municipality, or special district shall have an additional 6
 4286  months within which to implement such provision. Such county,
 4287  municipality, or special district shall notify the division that
 4288  the 6-month extension to implement such provision is in effect
 4289  in such county, municipality, or special district within 30 days
 4290  after its decision to extend the time for the additional 6
 4291  months. The decision to extend the time for implementation shall
 4292  be made prior to April 1, 2002.
 4293         (c) If, after the extension granted in paragraph (b), the
 4294  county, municipality, or special district, after having worked
 4295  with and cooperated fully with the division and the Firefighters
 4296  Employment, Standards, and Training Council, is still unable to
 4297  implement such provisions without adding additional personnel to
 4298  its firefighting staff or expending significant additional
 4299  funds, such municipality, county, or special district shall be
 4300  exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
 4301  However, each year thereafter the division shall review each
 4302  such county, municipality, or special district to determine if
 4303  such county, municipality, or special district has the ability
 4304  to implement such provision without adding additional personnel
 4305  to its firefighting staff or expending significant additional
 4306  funds. If the division determines that any county, municipality,
 4307  or special district has the ability to implement such provision
 4308  without adding additional personnel to its firefighting staff or
 4309  expending significant additional funds, the division shall
 4310  require such county, municipality, or special district to
 4311  implement such provision. Such requirement by the division under
 4312  this paragraph constitutes final agency action subject to
 4313  chapter 120.
 4314         (5) The division may adopt any rule necessary to implement,
 4315  interpret, and make specific the provisions of this section,
 4316  provided the division may not adopt by rule any other standard
 4317  or standards of the Occupational Safety and Health
 4318  Administration or the National Fire Protection Association
 4319  relating solely to this part ss. 633.801-633.821 and firefighter
 4320  employment safety without specific legislative authority.
 4321         (6)(a) The division shall adopt rules for live fire
 4322  training that all firefighter employees firefighters subject to
 4323  this chapter must complete. The division shall also adopt rules
 4324  for a training and certification process for live fire training
 4325  instructors.
 4326         (b) Such rules for training must shall include:
 4327         1. Sections of the most current edition of the National
 4328  Fire Protection Association, Inc., Publication 1402, Guide to
 4329  Building Fire Service Training Centers, relating to establishing
 4330  policies and procedures for effective use of such permanent
 4331  facilities or structures.
 4332         2. Sections of the most current edition of the National
 4333  Fire Protection Association, Inc., Publication 1403, Standard on
 4334  Live Fire Training Evolutions, excluding, however:
 4335         a. Any chapter entitled “Referenced Publications.”
 4336         b. References to the National Fire Protection Association,
 4337  Inc., Publication 1975, Station Uniform.
 4338         c. Provisions of the National Fire Protection Association,
 4339  Inc., Publication 1001, not adopted under rule 69A-37 or any
 4340  references to such publication in the National Fire Protection
 4341  Association, Inc., Publication 1975.
 4342         d. Any reference to an authority having jurisdiction in the
 4343  National Fire Protection Association, Inc., Publication 1403,
 4344  defined as the organization, office, or individual responsible
 4345  for approving equipment, materials, installations, and
 4346  procedures.
 4347         3. A 40-hour training program for live fire training
 4348  instructors, including:
 4349         a. Live fire instructional techniques.
 4350         b. Training safety in acquired or permanent facilities or
 4351  props.
 4352         c. Personnel safety.
 4353         d. Exterior props, including, but not limited to, liquid
 4354  petroleum gas, other liquid fuels, and similar props.
 4355         (c) The rules, excluding those pertaining to live fire
 4356  training instructor certification, shall take effect no later
 4357  than January 1, 2006.
 4358         (c)(d) Each live fire training instructor is required to be
 4359  a state certified fire safety instructor. All live fire training
 4360  commenced on and after January 1, 2007, must be conducted by a
 4361  certified live fire training instructor.
 4362         (d)(e) This subsection does not apply to wildland or
 4363  prescribed live fire training exercises sanctioned by the
 4364  Florida Forest Service of the Department of Agriculture and
 4365  Consumer Services or the National Wildfire Coordinating Group.
 4366         (7) The division shall:
 4367         (a) Investigate and prescribe by rule what safety devices,
 4368  safeguards, or other means of protection must be adopted for the
 4369  prevention of accidents and injuries in every firefighter
 4370  employee place of employment or at any fire scene; determine
 4371  what suitable devices, safeguards, or other means of protection
 4372  for the prevention of occupational diseases must be adopted or
 4373  followed in any or all such firefighter places of employment or
 4374  at any emergency fire scene; and adopt reasonable rules for the
 4375  prevention of accidents, the safety, protection, and security of
 4376  firefighter employees engaged in interior firefighting, and the
 4377  prevention of occupational diseases.
 4378         (b) Ascertain, fix, and order such reasonable standards and
 4379  rules for the construction, repair, and maintenance of
 4380  firefighter employee places of employment so as to render them
 4381  safe. Such rules and standards shall be adopted in accordance
 4382  with chapter 120.
 4383         (c) Adopt rules prescribing recordkeeping responsibilities
 4384  for firefighter employers, which may include maintaining a log
 4385  and summary of occupational injuries, diseases, and illnesses,
 4386  for producing on request a notice of injury and firefighter
 4387  employee accident investigation records, and prescribing a
 4388  retention schedule for such records.
 4389         Section 80. Section 633.817, Florida Statutes, is
 4390  transferred, renumbered as section 633.512, Florida Statutes,
 4391  and amended to read:
 4392         633.512 633.817 Compliance.—Failure of a firefighter
 4393  employer or an insurer to comply with this part ss. 633.801
 4394  633.821, or with any rules adopted under this part ss. 633.801
 4395  633.821, constitutes grounds for the division to seek remedies,
 4396  including injunctive relief, by making appropriate filings with
 4397  the circuit court.
 4398         Section 81. Section 633.805, Florida Statutes, is
 4399  transferred and renumbered as section 633.516, Florida Statutes.
 4400         Section 82. Section 633.806, Florida Statutes, is
 4401  transferred, renumbered as section 633.518, Florida Statutes,
 4402  and amended to read:
 4403         633.518 633.806Studies, investigations, inspections, or
 4404  inquiries by the division; refusal to admit; penalty.—
 4405         (1) The division shall make studies, and investigations,
 4406  inspections, or inquiries with respect to compliance with this
 4407  part or any rules authorized under this part safety provisions
 4408  and the causes of firefighter employee injuries, illnesses,
 4409  safety-based complaints, or Line of Duty Deaths (LODD) as
 4410  defined in rule in firefighter employee places of employment and
 4411  shall make such recommendations to the Legislature and
 4412  firefighter employers and insurers as the division considers
 4413  proper as to prevent or reduce future occurrences the best means
 4414  of preventing firefighter injuries. In making such studies, and
 4415  investigations, inspections, or inquiries, the division may
 4416  cooperate with any agency of the United States charged with the
 4417  duty of enforcing any law securing safety against injury in any
 4418  place of firefighter employment covered by this part ss.
 4419  633.801-633.821 or any agency or department of the state engaged
 4420  in enforcing any law to ensure safety for firefighter employees.
 4421         (2) The division by rule may adopt procedures for
 4422  conducting investigations, inspections, or inquiries of
 4423  firefighter employers under this part ss. 633.801-633.821.
 4424         (3) The division and authorized representatives of the
 4425  division may enter and inspect any firefighter employee’s place
 4426  of employment at any reasonable time for the purpose of
 4427  investigating compliance with this part and conducting
 4428  inspections for the proper enforcement of this part. A
 4429  firefighter employer who refuses to admit any member of the
 4430  division or authorized representative of the division to any
 4431  place of employment or to allow investigation and inspection
 4432  pursuant to this section commits a misdemeanor of the second
 4433  degree, punishable as provided in s. 775.082 or s. 775.083.
 4434         Section 83. Section 633.807, Florida Statutes, is
 4435  transferred, renumbered as section 633.520, Florida Statutes,
 4436  and amended to read:
 4437         633.520 633.807 Safety; firefighter employer
 4438  responsibilities.—Every firefighter employer shall furnish and
 4439  use safety devices and safeguards, adopt and use methods and
 4440  processes reasonably adequate to render such an employment and
 4441  place of employment safe, and do every other thing reasonably
 4442  necessary to protect the lives, health, and safety of such
 4443  firefighter employees. As used in this section, the terms “safe”
 4444  and “safety,” as applied to any employment or place of
 4445  firefighter employment, mean such freedom from danger as is
 4446  reasonably necessary for the protection of the lives, health,
 4447  and safety of firefighter employees, including conditions and
 4448  methods of sanitation and hygiene. Safety devices and safeguards
 4449  required to be furnished by the firefighter employer by this
 4450  section or by the division under authority of this section do
 4451  shall not include personal apparel and protective devices that
 4452  replace personal apparel normally worn by firefighter employees
 4453  during regular working hours.
 4454         Section 84. Section 633.809, Florida Statutes, is
 4455  transferred, renumbered as section 633.522, Florida Statutes,
 4456  and amended to read:
 4457         633.522 633.809 Firefighter employers; whose firefighter
 4458  employees have a high frequency of work-related injuries;
 4459  corrective plans; workplace safety committees and coordinators;
 4460  failure to implement a safety and health program; cancellation.—
 4461         (1) The division shall develop a means to by which the
 4462  division may identify individual firefighter employers with
 4463  whose firefighter employees have a high frequency or severity of
 4464  firefighter employee work-related injuries. The division shall
 4465  carry out safety inspections of the facilities and operations of
 4466  those firefighter employers in order to assist them in reducing
 4467  the frequency and severity of work-related injuries. The
 4468  division shall develop safety and health programs for those
 4469  firefighter employers. Insurers shall distribute such safety and
 4470  health programs to the firefighter employers so identified by
 4471  the division. Those firefighter employers identified by the
 4472  division as having a high frequency or severity of work-related
 4473  injuries shall implement a safety and health program developed
 4474  by the division. The division shall conduct carry out safety
 4475  inspections of those firefighter employers so identified to
 4476  ensure compliance with this part or the division’s rules and
 4477  make recommendations based upon current the safety and health
 4478  practices program and to assist such firefighter employers in
 4479  reducing the number of work-related injuries. The division may
 4480  not assess penalties as a result of such inspections, except as
 4481  provided by s. 633.813. Copies of any report made as the result
 4482  of such an inspection shall be provided to the firefighter
 4483  employer and its insurer. Firefighter employers shall may submit
 4484  a plan for the correction of any noncompliance issues their own
 4485  safety and health programs to the division for approval in
 4486  accordance with division rule lieu of using the safety and
 4487  health program developed by the division. The division shall
 4488  promptly review the plan program submitted and approve or
 4489  disapprove the plan program within 60 days or such plan program
 4490  shall be deemed approved. Upon approval by the division, the
 4491  plan program shall be implemented by the firefighter employer.
 4492  If the plan program is not submitted, does not provide
 4493  corrective actions for all deficiencies, is not complete, or is
 4494  not implemented, the fire service provider shall be subject to
 4495  s. 633.526 approved or if a program is not submitted, the
 4496  firefighter employer shall implement the program developed by
 4497  the division. The division shall adopt rules setting forth the
 4498  criteria for safety and health programs, as such rules relate to
 4499  this section.
 4500         (2) In order to promote health and safety in firefighter
 4501  employee places of employment in this state:
 4502         (a) Each firefighter employer of 20 or more firefighter
 4503  employees shall establish and administer a workplace safety
 4504  committee in accordance with rules adopted under this section.
 4505         (b) Each firefighter employer of fewer than 20 firefighter
 4506  employees with a high frequency or high severity of work-related
 4507  injuries, as identified by the division, shall establish and
 4508  administer a workplace safety committee or designate a workplace
 4509  safety coordinator who shall establish and administer workplace
 4510  safety activities in accordance with rules adopted under this
 4511  section.
 4512         (3) The division shall adopt rules:
 4513         (a) Prescribing the membership of the workplace safety
 4514  committees so as to ensure an equal number of firefighter
 4515  employee representatives who are volunteers or are elected by
 4516  their peers and firefighter employer representatives, and
 4517  specifying the frequency of meetings.
 4518         (b) Requiring firefighter employers to make adequate
 4519  records of each meeting and to file and to maintain the records
 4520  subject to inspection by the division.
 4521         (c) Prescribing the duties and functions of the workplace
 4522  safety committee and workplace safety coordinator which include,
 4523  but are not limited to:
 4524         1. Establishing procedures for workplace safety inspections
 4525  by the committee.
 4526         2. Establishing procedures for investigating all workplace
 4527  accidents, safety-related incidents, illnesses, and deaths.
 4528         3. Evaluating accident prevention and illness prevention
 4529  programs.
 4530         4. Prescribing guidelines for the training of safety
 4531  committee members.
 4532         (4) The composition, selection, and function of workplace
 4533  safety committees shall be a mandatory topic of negotiations
 4534  with any certified collective bargaining agent for firefighter
 4535  employers that operate under a collective bargaining agreement.
 4536  Firefighter employers that operate under a collective bargaining
 4537  agreement that contains provisions governing the formation and
 4538  operation of workplace safety committees that meet or exceed the
 4539  minimum requirements contained in this section, or firefighter
 4540  employers who otherwise have existing workplace safety
 4541  committees that meet or exceed the minimum requirements
 4542  established by this section, are in compliance with this
 4543  section.
 4544         (5) Firefighter employees shall be compensated their
 4545  regular hourly wage while engaged in workplace safety committee
 4546  or workplace safety coordinator training, meetings, or other
 4547  duties prescribed under this section.
 4548         (6) If a firefighter employer fails to implement a
 4549  corrective plan, the insurer or self-insurer’s fund that is
 4550  providing coverage for the firefighter employer may cancel the
 4551  contract for insurance with the firefighter employer. In the
 4552  alternative, the insurer or fund may terminate any discount or
 4553  deviation granted to the firefighter employer for the remainder
 4554  of the term of the policy. If the contract is canceled or the
 4555  discount or deviation is terminated, the insurer must make such
 4556  reports as are required by law.
 4557         Section 85. Section 633.811, Florida Statutes, is
 4558  transferred, renumbered as section 633.526, Florida Statutes,
 4559  and amended to read:
 4560         633.526 633.811 Firefighter employer penalties.—If any
 4561  firefighter employer violates or fails or refuses to comply with
 4562  this part ss. 633.801-633.821, or with any rule adopted by the
 4563  division under such sections in accordance with chapter 120 for
 4564  the prevention of injuries, accidents, or occupational diseases
 4565  or with any lawful order of the division in connection with this
 4566  part ss. 633.801-633.821, or fails or refuses to furnish or
 4567  adopt any safety device, safeguard, or other means of protection
 4568  prescribed by division rule under this part ss. 633.801-633.821
 4569  for the prevention of accidents or occupational diseases, the
 4570  division may:
 4571         (1) Issue an administrative cease and desist order,
 4572  enforceable in the circuit court in the jurisdiction where the
 4573  violation is occurring or has occurred.
 4574         (2) Assess an administrative fine against a firefighter
 4575  employer of not less than $100 or more than $1,000 for each
 4576  violation and each day a violation is committed.
 4577         (3) Assess against the firefighter employer a civil penalty
 4578  of not less than $100 nor more than $5,000 for each day the
 4579  violation, omission, failure, or refusal continues after the
 4580  firefighter employer has been given written notice of such
 4581  violation, omission, failure, or refusal. The total penalty for
 4582  each violation shall not exceed $50,000. The division shall
 4583  adopt rules requiring penalties commensurate with the frequency
 4584  or severity of safety violations. Hearings requested under this
 4585  section shall be conducted in Tallahassee A hearing shall be
 4586  held in the county in which the violation, omission, failure, or
 4587  refusal is alleged to have occurred, unless otherwise agreed to
 4588  by the firefighter employer and authorized by the division. All
 4589  penalties assessed and collected under this section shall be
 4590  deposited in the Insurance Regulatory Trust Fund.
 4591         Section 86. Section 633.812, Florida Statutes, is
 4592  transferred and renumbered as section 633.528, Florida Statutes,
 4593  and subsections (2) and (3) of that section are amended, to
 4594  read:
 4595         633.528 633.812 Division cooperation with Federal
 4596  Government; exemption from requirements for private firefighter
 4597  employers.—
 4598         (2) Except as provided in this section, A private
 4599  firefighter employer is not subject to the requirements set
 4600  forth in part IV and part V of the division if the private
 4601  firefighter employer meets the requirements of this part and:
 4602         (a) The private firefighter employer is subject to the
 4603  federal regulations in 29 C.F.R. ss. 1910 and 1926.
 4604         (b) The private firefighter employer has adopted and
 4605  implemented a written safety program that conforms to the
 4606  requirements of 29 C.F.R. ss. 1910 and 1926.
 4607         (c) A private firefighter employer with 20 or more full
 4608  time firefighter employees shall include provisions for a safety
 4609  committee in the safety program. The safety committee shall
 4610  include firefighter employee representation and shall meet at
 4611  least once each calendar quarter. The private firefighter
 4612  employer shall make adequate records of each meeting and
 4613  maintain the records subject to inspections under subsection
 4614  (3). The safety committee shall, if appropriate, make
 4615  recommendations regarding improvements to the safety program and
 4616  corrections of hazards affecting workplace safety.
 4617         (c)(d) The private firefighter employer provides the
 4618  division with a written statement that certifies compliance with
 4619  this subsection.
 4620         (3) The division may enter at any reasonable time any place
 4621  of private firefighter employment for the purpose of verifying
 4622  the accuracy of the written certification. If the division
 4623  determines that the private firefighter employer has not
 4624  complied with the requirements of subsection (2), the private
 4625  firefighter employer shall be subject to the rules of the
 4626  division until the private firefighter employer complies with
 4627  subsection (2), which must be verified by a reinspection by and
 4628  recertifies that fact to the division.
 4629         Section 87. Section 633.816, Florida Statutes, is
 4630  transferred, renumbered as section 633.532, Florida Statutes,
 4631  and amended to read:
 4632         633.532 633.816 Firefighter employee rights and
 4633  responsibilities.—
 4634         (1) Each firefighter employee of a firefighter employer
 4635  covered under this part ss. 633.801-633.821 shall comply with
 4636  rules adopted by the division and with reasonable workplace
 4637  safety and health standards, rules, policies, procedures, and
 4638  work practices established by the firefighter employer and the
 4639  workplace safety committee. A firefighter employee who knowingly
 4640  fails to comply with this subsection may be disciplined or
 4641  discharged by the firefighter employer.
 4642         (2) A firefighter employer may not discharge, threaten to
 4643  discharge, cause to be discharged, intimidate, coerce, otherwise
 4644  discipline, or in any manner discriminate against a firefighter
 4645  employee for any of the following reasons:
 4646         (a) The firefighter employee has testified or is about to
 4647  testify, on her or his own behalf or on behalf of others, in any
 4648  proceeding instituted under this part ss. 633.801-633.821;
 4649         (b) The firefighter employee has exercised any other right
 4650  given afforded under this part ss. 633.801-633.821; or
 4651         (c) The firefighter employee is engaged in activities
 4652  relating to the workplace safety committee.
 4653         (3) No Pay, a position, seniority, or any other benefit may
 4654  not be lost for exercising any right under, or for seeking
 4655  compliance with any requirement of, this part ss. 633.801
 4656  633.821.
 4657         Section 88. Section 633.818, Florida Statutes, is
 4658  transferred, renumbered as section 633.534, Florida Statutes,
 4659  and amended to read:
 4660         633.534 633.818 False, fictitious, or fraudulent acts,
 4661  statements, and representations prohibited; penalty; statute of
 4662  limitations to insurers.—
 4663         (1) A firefighter employer who knowingly and willfully
 4664  falsifies or conceals a material fact, who makes a false,
 4665  fictitious, or fraudulent statement or representation, or who
 4666  makes or uses any false document knowing the document to contain
 4667  any false, fictitious, or fraudulent entry or statement to an
 4668  insurer of workers’ compensation insurance under this part ss.
 4669  633.801-633.821 commits a misdemeanor of the second degree,
 4670  punishable as provided in s. 775.082 or s. 775.083.
 4671         (2) A person may not, in any matter within the jurisdiction
 4672  of the division, knowingly and willfully falsify or conceal a
 4673  material fact; make any false, fictitious, or fraudulent
 4674  statement or representation; or make or use any false document,
 4675  knowing the same to contain any false, fictitious, or fraudulent
 4676  statement or entry. A person who violates this section commits a
 4677  misdemeanor of the second degree, punishable as provided in s.
 4678  775.082 or s. 775.083. The statute of limitations for
 4679  prosecution of an act committed in violation of this section is
 4680  5 years after the date the act was committed or, if not
 4681  discovered within 30 days after the act was committed, 5 years
 4682  after the date the act was discovered.
 4683         Section 89. Section 633.814, Florida Statutes, is
 4684  transferred, renumbered as section 633.536, Florida Statutes,
 4685  and amended to read:
 4686         633.536 633.814 Expenses of administration.—The amounts
 4687  that are needed to administer this part ss. 633.801-633.821
 4688  shall be disbursed from the Insurance Regulatory Trust Fund.
 4689         Section 90. Paragraph (b) of subsection (2) of section
 4690  112.011, Florida Statutes, is amended to read:
 4691         112.011 Disqualification from licensing and public
 4692  employment based on criminal conviction.—
 4693         (2)
 4694         (b) This section does not apply to the employment practices
 4695  of any fire department relating to the hiring of firefighters.
 4696  An applicant for employment with any fire department who has a
 4697  prior felony conviction shall be excluded from employment for a
 4698  period of 4 years after expiration of sentence or final release
 4699  by the Parole Commission unless the applicant, before the
 4700  expiration of the 4-year period, has received a full pardon or
 4701  has had his or her civil rights restored.
 4702         Section 91. Paragraph (i) of subsection (2) of section
 4703  112.191, Florida Statutes, is amended, and paragraphs (a), (b),
 4704  and (c) of subsection (2) of that section are reenacted, to
 4705  read:
 4706         112.191 Firefighters; death benefits.—
 4707         (2)(a) The sum of $50,000, as adjusted pursuant to
 4708  paragraph (i), shall be paid as provided in this section when a
 4709  firefighter, while engaged in the performance of his or her
 4710  firefighter duties, is accidentally killed or receives
 4711  accidental bodily injury which subsequently results in the loss
 4712  of the firefighter’s life, provided that such killing is not the
 4713  result of suicide and that such bodily injury is not
 4714  intentionally self-inflicted. Notwithstanding any other
 4715  provision of law, in no case shall the amount payable under this
 4716  subsection be less than the actual amount stated therein.
 4717         (b) The sum of $50,000, as adjusted pursuant to paragraph
 4718  (i), shall be paid as provided in this section if a firefighter
 4719  is accidentally killed as specified in paragraph (a) and the
 4720  accidental death occurs as a result of the firefighter’s
 4721  response to what is reasonably believed to be an emergency
 4722  involving the protection of life or property or the
 4723  firefighter’s participation in a training exercise. This sum is
 4724  in addition to any sum provided in paragraph (a).
 4725  Notwithstanding any other provision of law, the amount payable
 4726  under this subsection may not be less than the actual amount
 4727  stated therein.
 4728         (c) If a firefighter, while engaged in the performance of
 4729  his or her firefighter duties, is unlawfully and intentionally
 4730  killed, is injured by an unlawful and intentional act of another
 4731  person and dies as a result of such injury, dies as a result of
 4732  a fire which has been determined to have been caused by an act
 4733  of arson, or subsequently dies as a result of injuries sustained
 4734  therefrom, the sum of $150,000, as adjusted pursuant to
 4735  paragraph (i), shall be paid as provided in this section.
 4736  Notwithstanding any other provision of law, the amount payable
 4737  under this subsection may not be less than the actual amount
 4738  stated therein.
 4739         (i) Any payments made pursuant to paragraph (a), paragraph
 4740  (b), or paragraph (c) shall consist of the statutory amount
 4741  adjusted to show reflect price level changes in the Consumer
 4742  Price Index for All Urban Consumers published by the United
 4743  States Department of Labor since July 1, 2002 the effective date
 4744  of the act. The Division of State Fire Marshal, using the most
 4745  recent month for which Consumer Price Index data is available,
 4746  shall, on June 15 of each year, calculate and publish on the
 4747  division’s internet website the amount resulting from the
 4748  adjustments to by rule adjust the statutory amounts amount based
 4749  on the Consumer Price Index for All Urban Consumers published by
 4750  the United States Department of Labor. The adjusted statutory
 4751  amounts Adjustment shall be effective on made July 1 of each
 4752  year using the most recent month for which data are available at
 4753  the time of the adjustment.
 4754         Section 92. Subsection (4) of section 120.541, Florida
 4755  Statutes, as amended by section 1 of chapter 2011-222, 2011 Laws
 4756  of Florida, is amended to read:
 4757         120.541 Statement of estimated regulatory costs.—
 4758         (4) Subsection (3) does not apply to the adoption of:
 4759         (a) Federal standards pursuant to s. 120.54(6).
 4760         (b) Triennial updates of and amendments to the Florida
 4761  Building Code which are expressly authorized by s. 553.73.
 4762         (c) Triennial updates of and amendments to the Florida Fire
 4763  Prevention Code which are expressly authorized by s. 633.202 s.
 4764  633.0215.
 4765         Section 93. Paragraph (c) of subsection (6) of section
 4766  196.081, Florida Statutes, as amended by section 2 of chapter
 4767  2012-54, Laws of Florida, and section 19 of chapter 2012-193,
 4768  Laws of Florida, is amended to read:
 4769         196.081 Exemption for certain permanently and totally
 4770  disabled veterans and for surviving spouses of veterans;
 4771  exemption for surviving spouses of first responders who die in
 4772  the line of duty.—
 4773         (6) Any real estate that is owned and used as a homestead
 4774  by the surviving spouse of a first responder who died in the
 4775  line of duty while employed by the state or any political
 4776  subdivision of the state, including authorities and special
 4777  districts, and for whom a letter from the state or appropriate
 4778  political subdivision of the state, or other authority or
 4779  special district, has been issued which legally recognizes and
 4780  certifies that the first responder died in the line of duty
 4781  while employed as a first responder is exempt from taxation if
 4782  the first responder and his or her surviving spouse were
 4783  permanent residents of this state on January 1 of the year in
 4784  which the first responder died.
 4785         (c) As used in this subsection only, and not applicable to
 4786  the payment of benefits under s. 112.19 or s. 112.191, the term:
 4787         1. “First responder” means a law enforcement officer or
 4788  correctional officer as defined in s. 943.10, a firefighter as
 4789  defined in s. 633.102 s. 633.30, or an emergency medical
 4790  technician or paramedic as defined in s. 401.23 who is a full
 4791  time paid employee, part-time paid employee, or unpaid
 4792  volunteer.
 4793         2. “In the line of duty” means:
 4794         a. While engaging in law enforcement;
 4795         b. While performing an activity relating to fire
 4796  suppression and prevention;
 4797         c. While responding to a hazardous material emergency;
 4798         d. While performing rescue activity;
 4799         e. While providing emergency medical services;
 4800         f. While performing disaster relief activity;
 4801         g. While otherwise engaging in emergency response activity;
 4802  or
 4803         h. While engaging in a training exercise related to any of
 4804  the events or activities enumerated in this subparagraph if the
 4805  training has been authorized by the employing entity.
 4806  
 4807  A heart attack or stroke that causes death or causes an injury
 4808  resulting in death must occur within 24 hours after an event or
 4809  activity enumerated in this subparagraph and must be directly
 4810  and proximately caused by the event or activity in order to be
 4811  considered as having occurred in the line of duty.
 4812         Section 94. Section 633.024, Florida Statutes, is repealed.
 4813         Section 95. Section 633.0245, Florida Statutes, is
 4814  repealed.
 4815         Section 96. Section 633.03, Florida Statutes, is repealed.
 4816         Section 97. Section 633.0421, Florida Statutes, is
 4817  repealed.
 4818         Section 98. Section 633.13, Florida Statutes, is repealed.
 4819         Section 99. Section 633.167, Florida Statutes, is repealed.
 4820         Section 100. Section 633.18, Florida Statutes, is repealed.
 4821         Section 101. Section 633.30, Florida Statutes, is repealed.
 4822         Section 102. Section 633.32, Florida Statutes, is repealed.
 4823         Section 103. Section 633.33, Florida Statutes, is repealed.
 4824         Section 104. Section 633.37, Florida Statutes, is repealed.
 4825         Section 105. Section 633.445, Florida Statutes, is
 4826  repealed.
 4827         Section 106. Section 633.46, Florida Statutes, is repealed.
 4828         Section 107. Section 633.514, Florida Statutes, is
 4829  repealed.
 4830         Section 108. Section 633.517, Florida Statutes, is
 4831  repealed.
 4832         Section 109. Section 633.524, Florida Statutes, is
 4833  repealed.
 4834         Section 110. Section 633.804, Florida Statutes, is
 4835  repealed.
 4836         Section 111. Section 633.808, Florida Statutes, is
 4837  repealed.
 4838         Section 112. Section 633.810, Florida Statutes, is
 4839  repealed.
 4840         Section 113. Section 633.813, Florida Statutes, is
 4841  repealed.
 4842         Section 114. Section 633.815, Florida Statutes, is
 4843  repealed.
 4844         Section 115. Section 633.819, Florida Statutes, is
 4845  repealed.
 4846         Section 116. Section 633.820, Florida Statutes, is
 4847  repealed.
 4848         Section 117. Subsection (1) of section 112.1815, Florida
 4849  Statutes, is amended to read:
 4850         112.1815 Firefighters, paramedics, emergency medical
 4851  technicians, and law enforcement officers; special provisions
 4852  for employment-related accidents and injuries.—
 4853         (1) The term “first responder” as used in this section
 4854  means a law enforcement officer as defined in s. 943.10, a
 4855  firefighter as defined in s. 633.102 633.30, or an emergency
 4856  medical technician or paramedic as defined in s. 401.23 employed
 4857  by state or local government. A volunteer law enforcement
 4858  officer, firefighter, or emergency medical technician or
 4859  paramedic engaged by the state or a local government is also
 4860  considered a first responder of the state or local government
 4861  for purposes of this section.
 4862         Section 118. Paragraph (b) of subsection (1) of section
 4863  112.191, Florida Statutes, is amended to read:
 4864         112.191 Firefighters; death benefits.—
 4865         (1) Whenever used in this act:
 4866         (b) The term “firefighter” means any full-time duly
 4867  employed uniformed firefighter employed by an employer, whose
 4868  primary duty is the prevention and extinguishing of fires, the
 4869  protection of life and property therefrom, the enforcement of
 4870  municipal, county, and state fire prevention codes, as well as
 4871  the enforcement of any law pertaining to the prevention and
 4872  control of fires, who is certified pursuant to s. 633.408
 4873  633.35, and who is a member of a duly constituted fire
 4874  department of such employer or who is a volunteer firefighter.
 4875         Section 119. Subsection (1) of section 112.81, Florida
 4876  Statutes, is amended to read:
 4877         112.81 Definitions.—As used in this part:
 4878         (1) “Firefighter” means a any person who is certified in
 4879  compliance with s. 633.408 633.35 and who is employed solely
 4880  within the fire department or public safety department of an
 4881  employing agency as a full-time firefighter whose primary
 4882  responsibility is the prevention and extinguishment of fires;
 4883  the protection of life and property; and the enforcement of
 4884  municipal, county, and state fire prevention codes and laws
 4885  pertaining to the prevention and control of fires.
 4886         Section 120. Paragraph (d) of subsection (4) of section
 4887  119.071, Florida Statutes, is amended to read:
 4888         119.071 General exemptions from inspection or copying of
 4889  public records.—
 4890         (4) AGENCY PERSONNEL INFORMATION.—
 4891         (d)1. For purposes of this paragraph, the term “telephone
 4892  numbers” includes home telephone numbers, personal cellular
 4893  telephone numbers, personal pager telephone numbers, and
 4894  telephone numbers associated with personal communications
 4895  devices.
 4896         2.a. The home addresses, telephone numbers, social security
 4897  numbers, dates of birth, and photographs of active or former
 4898  sworn or civilian law enforcement personnel, including
 4899  correctional and correctional probation officers, personnel of
 4900  the Department of Children and Family Services whose duties
 4901  include the investigation of abuse, neglect, exploitation,
 4902  fraud, theft, or other criminal activities, personnel of the
 4903  Department of Health whose duties are to support the
 4904  investigation of child abuse or neglect, and personnel of the
 4905  Department of Revenue or local governments whose
 4906  responsibilities include revenue collection and enforcement or
 4907  child support enforcement; the home addresses, telephone
 4908  numbers, social security numbers, photographs, dates of birth,
 4909  and places of employment of the spouses and children of such
 4910  personnel; and the names and locations of schools and day care
 4911  facilities attended by the children of such personnel are exempt
 4912  from s. 119.07(1).
 4913         b. The home addresses, telephone numbers, dates of birth,
 4914  and photographs of firefighters certified in compliance with s.
 4915  633.408 633.35; the home addresses, telephone numbers,
 4916  photographs, dates of birth, and places of employment of the
 4917  spouses and children of such firefighters; and the names and
 4918  locations of schools and day care facilities attended by the
 4919  children of such firefighters are exempt from s. 119.07(1).
 4920         c. The home addresses, dates of birth, and telephone
 4921  numbers of current or former justices of the Supreme Court,
 4922  district court of appeal judges, circuit court judges, and
 4923  county court judges; the home addresses, telephone numbers,
 4924  dates of birth, and places of employment of the spouses and
 4925  children of current or former justices and judges; and the names
 4926  and locations of schools and day care facilities attended by the
 4927  children of current or former justices and judges are exempt
 4928  from s. 119.07(1).
 4929         d. The home addresses, telephone numbers, social security
 4930  numbers, dates of birth, and photographs of current or former
 4931  state attorneys, assistant state attorneys, statewide
 4932  prosecutors, or assistant statewide prosecutors; the home
 4933  addresses, telephone numbers, social security numbers,
 4934  photographs, dates of birth, and places of employment of the
 4935  spouses and children of current or former state attorneys,
 4936  assistant state attorneys, statewide prosecutors, or assistant
 4937  statewide prosecutors; and the names and locations of schools
 4938  and day care facilities attended by the children of current or
 4939  former state attorneys, assistant state attorneys, statewide
 4940  prosecutors, or assistant statewide prosecutors are exempt from
 4941  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 4942         e. The home addresses, dates of birth, and telephone
 4943  numbers of general magistrates, special magistrates, judges of
 4944  compensation claims, administrative law judges of the Division
 4945  of Administrative Hearings, and child support enforcement
 4946  hearing officers; the home addresses, telephone numbers, dates
 4947  of birth, and places of employment of the spouses and children
 4948  of general magistrates, special magistrates, judges of
 4949  compensation claims, administrative law judges of the Division
 4950  of Administrative Hearings, and child support enforcement
 4951  hearing officers; and the names and locations of schools and day
 4952  care facilities attended by the children of general magistrates,
 4953  special magistrates, judges of compensation claims,
 4954  administrative law judges of the Division of Administrative
 4955  Hearings, and child support enforcement hearing officers are
 4956  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 4957  Constitution if the general magistrate, special magistrate,
 4958  judge of compensation claims, administrative law judge of the
 4959  Division of Administrative Hearings, or child support hearing
 4960  officer provides a written statement that the general
 4961  magistrate, special magistrate, judge of compensation claims,
 4962  administrative law judge of the Division of Administrative
 4963  Hearings, or child support hearing officer has made reasonable
 4964  efforts to protect such information from being accessible
 4965  through other means available to the public.
 4966         f. The home addresses, telephone numbers, dates of birth,
 4967  and photographs of current or former human resource, labor
 4968  relations, or employee relations directors, assistant directors,
 4969  managers, or assistant managers of any local government agency
 4970  or water management district whose duties include hiring and
 4971  firing employees, labor contract negotiation, administration, or
 4972  other personnel-related duties; the names, home addresses,
 4973  telephone numbers, dates of birth, and places of employment of
 4974  the spouses and children of such personnel; and the names and
 4975  locations of schools and day care facilities attended by the
 4976  children of such personnel are exempt from s. 119.07(1) and s.
 4977  24(a), Art. I of the State Constitution.
 4978         g. The home addresses, telephone numbers, dates of birth,
 4979  and photographs of current or former code enforcement officers;
 4980  the names, home addresses, telephone numbers, dates of birth,
 4981  and places of employment of the spouses and children of such
 4982  personnel; and the names and locations of schools and day care
 4983  facilities attended by the children of such personnel are exempt
 4984  from s. 119.07(1) and s. 24(a), Art. I of the State
 4985  Constitution.
 4986         h. The home addresses, telephone numbers, places of
 4987  employment, dates of birth, and photographs of current or former
 4988  guardians ad litem, as defined in s. 39.820; the names, home
 4989  addresses, telephone numbers, dates of birth, and places of
 4990  employment of the spouses and children of such persons; and the
 4991  names and locations of schools and day care facilities attended
 4992  by the children of such persons are exempt from s. 119.07(1) and
 4993  s. 24(a), Art. I of the State Constitution, if the guardian ad
 4994  litem provides a written statement that the guardian ad litem
 4995  has made reasonable efforts to protect such information from
 4996  being accessible through other means available to the public.
 4997         i. The home addresses, telephone numbers, dates of birth,
 4998  and photographs of current or former juvenile probation
 4999  officers, juvenile probation supervisors, detention
 5000  superintendents, assistant detention superintendents, juvenile
 5001  justice detention officers I and II, juvenile justice detention
 5002  officer supervisors, juvenile justice residential officers,
 5003  juvenile justice residential officer supervisors I and II,
 5004  juvenile justice counselors, juvenile justice counselor
 5005  supervisors, human services counselor administrators, senior
 5006  human services counselor administrators, rehabilitation
 5007  therapists, and social services counselors of the Department of
 5008  Juvenile Justice; the names, home addresses, telephone numbers,
 5009  dates of birth, and places of employment of spouses and children
 5010  of such personnel; and the names and locations of schools and
 5011  day care facilities attended by the children of such personnel
 5012  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5013  Constitution.
 5014         j. The home addresses, telephone numbers, dates of birth,
 5015  and photographs of current or former public defenders, assistant
 5016  public defenders, criminal conflict and civil regional counsel,
 5017  and assistant criminal conflict and civil regional counsel; the
 5018  home addresses, telephone numbers, dates of birth, and places of
 5019  employment of the spouses and children of such defenders or
 5020  counsel; and the names and locations of schools and day care
 5021  facilities attended by the children of such defenders or counsel
 5022  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5023  Constitution.
 5024         k. The home addresses, telephone numbers, and photographs
 5025  of current or former investigators or inspectors of the
 5026  Department of Business and Professional Regulation; the names,
 5027  home addresses, telephone numbers, and places of employment of
 5028  the spouses and children of such current or former investigators
 5029  and inspectors; and the names and locations of schools and day
 5030  care facilities attended by the children of such current or
 5031  former investigators and inspectors are exempt from s. 119.07(1)
 5032  and s. 24(a), Art. I of the State Constitution if the
 5033  investigator or inspector has made reasonable efforts to protect
 5034  such information from being accessible through other means
 5035  available to the public. This sub-subparagraph is subject to the
 5036  Open Government Sunset Review Act in accordance with s. 119.15
 5037  and shall stand repealed on October 2, 2017, unless reviewed and
 5038  saved from repeal through reenactment by the Legislature.
 5039         l. The home addresses and telephone numbers of county tax
 5040  collectors; the names, home addresses, telephone numbers, and
 5041  places of employment of the spouses and children of such tax
 5042  collectors; and the names and locations of schools and day care
 5043  facilities attended by the children of such tax collectors are
 5044  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5045  Constitution if the county tax collector has made reasonable
 5046  efforts to protect such information from being accessible
 5047  through other means available to the public. This sub
 5048  subparagraph is subject to the Open Government Sunset Review Act
 5049  in accordance with s. 119.15 and shall stand repealed on October
 5050  2, 2017, unless reviewed and saved from repeal through
 5051  reenactment by the Legislature.
 5052         3. An agency that is the custodian of the information
 5053  specified in subparagraph 2. and that is not the employer of the
 5054  officer, employee, justice, judge, or other person specified in
 5055  subparagraph 2. shall maintain the exempt status of that
 5056  information only if the officer, employee, justice, judge, other
 5057  person, or employing agency of the designated employee submits a
 5058  written request for maintenance of the exemption to the
 5059  custodial agency.
 5060         4. The exemptions in this paragraph apply to information
 5061  held by an agency before, on, or after the effective date of the
 5062  exemption.
 5063         5. This paragraph is subject to the Open Government Sunset
 5064  Review Act in accordance with s. 119.15, and shall stand
 5065  repealed on October 2, 2017, unless reviewed and saved from
 5066  repeal through reenactment by the Legislature.
 5067         Section 121. Subsection (17) of section 120.80, Florida
 5068  Statutes, is amended to read:
 5069         120.80 Exceptions and special requirements; agencies.—
 5070         (17) STATE FIRE MARSHAL.—Section 120.541(3) does not apply
 5071  to the adoption of amendments and the triennial update to the
 5072  Florida Fire Prevention Code expressly authorized by s. 633.202
 5073  633.0215.
 5074         Section 122. Subsection (3) and paragraph (a) of subsection
 5075  (6) of section 121.0515, Florida Statutes, are amended to read:
 5076         121.0515 Special Risk Class.—
 5077         (3) CRITERIA.—A member, to be designated as a special risk
 5078  member, must meet the following criteria:
 5079         (a) Effective October 1, 1978, the member must be employed
 5080  as a law enforcement officer and be certified, or required to be
 5081  certified, in compliance with s. 943.1395; however, sheriffs and
 5082  elected police chiefs are excluded from meeting the
 5083  certification requirements of this paragraph. In addition, the
 5084  member’s duties and responsibilities must include the pursuit,
 5085  apprehension, and arrest of law violators or suspected law
 5086  violators; or as of July 1, 1982, the member must be an active
 5087  member of a bomb disposal unit whose primary responsibility is
 5088  the location, handling, and disposal of explosive devices; or
 5089  the member must be the supervisor or command officer of a member
 5090  or members who have such responsibilities. Administrative
 5091  support personnel, including, but not limited to, those whose
 5092  primary duties and responsibilities are in accounting,
 5093  purchasing, legal, and personnel, are not included;
 5094         (b) Effective October 1, 1978, the member must be employed
 5095  as a firefighter and be certified, or required to be certified,
 5096  in compliance with s. 633.408 633.35 and be employed solely
 5097  within the fire department of a local government employer or an
 5098  agency of state government with firefighting responsibilities.
 5099  In addition, the member’s duties and responsibilities must
 5100  include on-the-scene fighting of fires; as of October 1, 2001,
 5101  fire prevention or firefighter training; as of October 1, 2001,
 5102  direct supervision of firefighting units, fire prevention, or
 5103  firefighter training; or as of July 1, 2001, aerial firefighting
 5104  surveillance performed by fixed-wing aircraft pilots employed by
 5105  the Florida Forest Service of the Department of Agriculture and
 5106  Consumer Services; or the member must be the supervisor or
 5107  command officer of a member or members who have such
 5108  responsibilities. Administrative support personnel, including,
 5109  but not limited to, those whose primary duties and
 5110  responsibilities are in accounting, purchasing, legal, and
 5111  personnel, are not included. All periods of creditable service
 5112  in fire prevention or firefighter training, or as the supervisor
 5113  or command officer of a member or members who have such
 5114  responsibilities, and for which the employer paid the special
 5115  risk contribution rate, are included;
 5116         (c) Effective October 1, 1978, the member must be employed
 5117  as a correctional officer and be certified, or required to be
 5118  certified, in compliance with s. 943.1395. In addition, the
 5119  member’s primary duties and responsibilities must be the
 5120  custody, and physical restraint when necessary, of prisoners or
 5121  inmates within a prison, jail, or other criminal detention
 5122  facility, or while on work detail outside the facility, or while
 5123  being transported; or as of July 1, 1984, the member must be the
 5124  supervisor or command officer of a member or members who have
 5125  such responsibilities. Administrative support personnel,
 5126  including, but not limited to, those whose primary duties and
 5127  responsibilities are in accounting, purchasing, legal, and
 5128  personnel, are not included; however, wardens and assistant
 5129  wardens, as defined by rule, are included;
 5130         (d) Effective October 1, 1999, the member must be employed
 5131  by a licensed Advance Life Support (ALS) or Basic Life Support
 5132  (BLS) employer as an emergency medical technician or a paramedic
 5133  and be certified in compliance with s. 401.27. In addition, the
 5134  member’s primary duties and responsibilities must include on
 5135  the-scene emergency medical care or as of October 1, 2001,
 5136  direct supervision of emergency medical technicians or
 5137  paramedics, or the member must be the supervisor or command
 5138  officer of one or more members who have such responsibility.
 5139  Administrative support personnel, including, but not limited to,
 5140  those whose primary responsibilities are in accounting,
 5141  purchasing, legal, and personnel, are not included;
 5142         (e) Effective January 1, 2001, the member must be employed
 5143  as a community-based correctional probation officer and be
 5144  certified, or required to be certified, in compliance with s.
 5145  943.1395. In addition, the member’s primary duties and
 5146  responsibilities must be the supervised custody, surveillance,
 5147  control, investigation, and counseling of assigned inmates,
 5148  probationers, parolees, or community controllees within the
 5149  community; or the member must be the supervisor of a member or
 5150  members who have such responsibilities. Administrative support
 5151  personnel, including, but not limited to, those whose primary
 5152  duties and responsibilities are in accounting, purchasing, legal
 5153  services, and personnel management, are not included; however,
 5154  probation and parole circuit and deputy circuit administrators
 5155  are included;
 5156         (f) Effective January 1, 2001, the member must be employed
 5157  in one of the following classes and must spend at least 75
 5158  percent of his or her time performing duties which involve
 5159  contact with patients or inmates in a correctional or forensic
 5160  facility or institution:
 5161         1. Dietitian (class codes 5203 and 5204);
 5162         2. Public health nutrition consultant (class code 5224);
 5163         3. Psychological specialist (class codes 5230 and 5231);
 5164         4. Psychologist (class code 5234);
 5165         5. Senior psychologist (class codes 5237 and 5238);
 5166         6. Regional mental health consultant (class code 5240);
 5167         7. Psychological Services Director—DCF (class code 5242);
 5168         8. Pharmacist (class codes 5245 and 5246);
 5169         9. Senior pharmacist (class codes 5248 and 5249);
 5170         10. Dentist (class code 5266);
 5171         11. Senior dentist (class code 5269);
 5172         12. Registered nurse (class codes 5290 and 5291);
 5173         13. Senior registered nurse (class codes 5292 and 5293);
 5174         14. Registered nurse specialist (class codes 5294 and
 5175  5295);
 5176         15. Clinical associate (class codes 5298 and 5299);
 5177         16. Advanced registered nurse practitioner (class codes
 5178  5297 and 5300);
 5179         17. Advanced registered nurse practitioner specialist
 5180  (class codes 5304 and 5305);
 5181         18. Registered nurse supervisor (class codes 5306 and
 5182  5307);
 5183         19. Senior registered nurse supervisor (class codes 5308
 5184  and 5309);
 5185         20. Registered nursing consultant (class codes 5312 and
 5186  5313);
 5187         21. Quality management program supervisor (class code
 5188  5314);
 5189         22. Executive nursing director (class codes 5320 and 5321);
 5190         23. Speech and hearing therapist (class code 5406); or
 5191         24. Pharmacy manager (class code 5251);
 5192         (g) Effective July 1, 2001, the member must be employed as
 5193  a youth custody officer and be certified, or required to be
 5194  certified, in compliance with s. 943.1395. In addition, the
 5195  member’s primary duties and responsibilities must be the
 5196  supervised custody, surveillance, control, investigation,
 5197  apprehension, arrest, and counseling of assigned juveniles
 5198  within the community;
 5199         (h) Effective October 1, 2005, through June 30, 2008, the
 5200  member must be employed by a law enforcement agency or medical
 5201  examiner’s office in a forensic discipline recognized by the
 5202  International Association for Identification and must qualify
 5203  for active membership in the International Association for
 5204  Identification. The member’s primary duties and responsibilities
 5205  must include the collection, examination, preservation,
 5206  documentation, preparation, or analysis of physical evidence or
 5207  testimony, or both, or the member must be the direct supervisor,
 5208  quality management supervisor, or command officer of one or more
 5209  individuals with such responsibility. Administrative support
 5210  personnel, including, but not limited to, those whose primary
 5211  responsibilities are clerical or in accounting, purchasing,
 5212  legal, and personnel, are not included;
 5213         (i) Effective July 1, 2008, the member must be employed by
 5214  the Department of Law Enforcement in the crime laboratory or by
 5215  the Division of State Fire Marshal in the forensic laboratory in
 5216  one of the following classes:
 5217         1. Forensic technologist (class code 8459);
 5218         2. Crime laboratory technician (class code 8461);
 5219         3. Crime laboratory analyst (class code 8463);
 5220         4. Senior crime laboratory analyst (class code 8464);
 5221         5. Crime laboratory analyst supervisor (class code 8466);
 5222         6. Forensic chief (class code 9602); or
 5223         7. Forensic services quality manager (class code 9603);
 5224         (j) Effective July 1, 2008, the member must be employed by
 5225  a local government law enforcement agency or medical examiner’s
 5226  office and must spend at least 65 percent of his or her time
 5227  performing duties that involve the collection, examination,
 5228  preservation, documentation, preparation, or analysis of human
 5229  tissues or fluids or physical evidence having potential
 5230  biological, chemical, or radiological hazard or contamination,
 5231  or use chemicals, processes, or materials that may have
 5232  carcinogenic or health-damaging properties in the analysis of
 5233  such evidence, or the member must be the direct supervisor of
 5234  one or more individuals having such responsibility. If a special
 5235  risk member changes to another position within the same agency,
 5236  he or she must submit a complete application as provided in
 5237  paragraph (4)(a); or
 5238         (k) The member must have already qualified for and be
 5239  actively participating in special risk membership under
 5240  paragraph (a), paragraph (b), or paragraph (c), must have
 5241  suffered a qualifying injury as defined in this paragraph, must
 5242  not be receiving disability retirement benefits as provided in
 5243  s. 121.091(4), and must satisfy the requirements of this
 5244  paragraph.
 5245         1. The ability to qualify for the class of membership
 5246  defined in paragraph (2)(i) occurs when two licensed medical
 5247  physicians, one of whom is a primary treating physician of the
 5248  member, certify the existence of the physical injury and medical
 5249  condition that constitute a qualifying injury as defined in this
 5250  paragraph and that the member has reached maximum medical
 5251  improvement after August 1, 2008. The certifications from the
 5252  licensed medical physicians must include, at a minimum, that the
 5253  injury to the special risk member has resulted in a physical
 5254  loss, or loss of use, of at least two of the following: left
 5255  arm, right arm, left leg, or right leg; and:
 5256         a. That this physical loss or loss of use is total and
 5257  permanent, except if in the event that the loss of use is due to
 5258  a physical injury to the member’s brain, in which event the loss
 5259  of use is permanent with at least 75 percent loss of motor
 5260  function with respect to each arm or leg affected.
 5261         b. That this physical loss or loss of use renders the
 5262  member physically unable to perform the essential job functions
 5263  of his or her special risk position.
 5264         c. That, notwithstanding this physical loss or loss of use,
 5265  the individual can is able to perform the essential job
 5266  functions required by the member’s new position, as provided in
 5267  subparagraph 3.
 5268         d. That use of artificial limbs is either not possible or
 5269  does not alter the member’s ability to perform the essential job
 5270  functions of the member’s position.
 5271         e. That the physical loss or loss of use is a direct result
 5272  of a physical injury and not a result of any mental,
 5273  psychological, or emotional injury.
 5274         2. For the purposes of this paragraph, “qualifying injury”
 5275  means an injury sustained in the line of duty, as certified by
 5276  the member’s employing agency, by a special risk member that
 5277  does not result in total and permanent disability as defined in
 5278  s. 121.091(4)(b). An injury is a qualifying injury if the injury
 5279  is a physical injury to the member’s physical body resulting in
 5280  a physical loss, or loss of use, of at least two of the
 5281  following: left arm, right arm, left leg, or right leg.
 5282  Notwithstanding any other provision of this section, an injury
 5283  that would otherwise qualify as a qualifying injury is not
 5284  considered a qualifying injury if and when the member ceases
 5285  employment with the employer for whom he or she was providing
 5286  special risk services on the date the injury occurred.
 5287         3. The new position, as described in sub-subparagraph 1.c.,
 5288  that is required for qualification as a special risk member
 5289  under this paragraph is not required to be a position with
 5290  essential job functions that entitle an individual to special
 5291  risk membership. Whether a new position as described in sub
 5292  subparagraph 1.c. exists and is available to the special risk
 5293  member is a decision to be made solely by the employer in
 5294  accordance with its hiring practices and applicable law.
 5295         4. This paragraph does not grant or create additional
 5296  rights for any individual to continued employment or to be hired
 5297  or rehired by his or her employer that are not already provided
 5298  within the Florida Statutes, the State Constitution, the
 5299  Americans with Disabilities Act, if applicable, or any other
 5300  applicable state or federal law.
 5301         (6) CREDIT FOR PAST SERVICE.—A special risk member may
 5302  purchase retirement credit in the Special Risk Class based upon
 5303  past service, and may upgrade retirement credit for such past
 5304  service, to the extent of 2 percent of the member’s average
 5305  monthly compensation as specified in s. 121.091(1)(a) for such
 5306  service as follows:
 5307         (a) The member may purchase special risk credit for past
 5308  service with a municipality or special district which has
 5309  elected to join the Florida Retirement System, or with a
 5310  participating agency to which a member’s governmental unit was
 5311  transferred, merged, or consolidated as provided in s.
 5312  121.081(1)(f), if the member was employed with the municipality
 5313  or special district when at the time it commenced participating
 5314  in the Florida Retirement System or with the governmental unit
 5315  at the time of its transfer, merger, or consolidation with the
 5316  participating agency. The service must satisfy the criteria set
 5317  forth in subsection (3) for Special Risk Class membership as a
 5318  law enforcement officer, firefighter, or correctional officer;
 5319  however, a certificate or waiver of certificate of compliance
 5320  with s. 943.1395 or s. 633.408 633.35 is not required for such
 5321  service.
 5322         Section 123. Paragraph (d) of subsection (1) of section
 5323  125.01, Florida Statutes, is amended to read:
 5324         125.01 Powers and duties.—
 5325         (1) The legislative and governing body of a county shall
 5326  have the power to carry on county government. To the extent not
 5327  inconsistent with general or special law, this power includes,
 5328  but is not restricted to, the power to:
 5329         (d) Provide fire protection, including the enforcement of
 5330  the Florida Fire Prevention Code, as provided in ss. 633.206
 5331  633.022 and 633.208 633.025, and adopt and enforce local
 5332  technical amendments to the Florida Fire Prevention Code as
 5333  provided in those sections and pursuant to s. 633.202 633.0215.
 5334         Section 124. Subsection (2) of section 125.01045, Florida
 5335  Statutes, is amended to read:
 5336         125.01045 Prohibition of fees for first responder
 5337  services.—
 5338         (2) As used in this section, the term “first responder”
 5339  means a law enforcement officer as defined in s. 943.10, a
 5340  firefighter as defined in s. 633.102 633.30, or an emergency
 5341  medical technician or paramedic as defined in s. 401.23 who is
 5342  employed by the state or a local government. A volunteer law
 5343  enforcement officer, firefighter, or emergency medical
 5344  technician or paramedic engaged by the state or a local
 5345  government is also considered a first responder of the state or
 5346  local government for purposes of this section.
 5347         Section 125. Subsection (1) of section 125.56, Florida
 5348  Statutes, is amended to read:
 5349         125.56 Enforcement and amendment of the Florida Building
 5350  Code and the Florida Fire Prevention Code; inspection fees;
 5351  inspectors; etc.—
 5352         (1) The board of county commissioners of each of the
 5353  several counties of the state may is authorized to enforce the
 5354  Florida Building Code and the Florida Fire Prevention Code, as
 5355  provided in ss. 553.80, 633.206 633.022, and 633.208 633.025,
 5356  and, at its discretion, to adopt local technical amendments to
 5357  the Florida Building Code, pursuant to s. 553.73(4)(b) and (c)
 5358  and local technical amendments to the Florida Fire Prevention
 5359  Code, pursuant to s. 633.202 633.0215, to provide for the safe
 5360  construction, erection, alteration, repair, securing, and
 5361  demolition of any building within its territory outside the
 5362  corporate limits of any municipality. Upon a determination to
 5363  consider amending the Florida Building Code or the Florida Fire
 5364  Prevention Code by a majority of the members of the board of
 5365  county commissioners of such county, the board shall call a
 5366  public hearing and comply with the public notice requirements of
 5367  s. 125.66(2). The board shall hear all interested parties at the
 5368  public hearing and may then amend the building code or the fire
 5369  code consistent with the terms and purposes of this act. Upon
 5370  adoption, an amendment to the code shall be in full force and
 5371  effect throughout the unincorporated area of such county until
 5372  otherwise notified by the Florida Building Commission pursuant
 5373  to s. 553.73 or the State Fire Marshal pursuant to s. 633.202
 5374  633.0215. Nothing herein contained shall be construed to prevent
 5375  the board of county commissioners from repealing such amendment
 5376  to the building code or the fire code at any regular meeting of
 5377  such board.
 5378         Section 126. Subsection (2) of section 166.0446, Florida
 5379  Statutes, is amended to read:
 5380         166.0446 Prohibition of fees for first responder services.—
 5381         (2) As used in this section, the term “first responder”
 5382  means a law enforcement officer as defined in s. 943.10, a
 5383  firefighter as defined in s. 633.102 633.30, or an emergency
 5384  medical technician or paramedic as defined in s. 401.23 who is
 5385  employed by the state or a local government. A volunteer law
 5386  enforcement officer, firefighter, or emergency medical
 5387  technician or paramedic engaged by the state or a local
 5388  government is also considered a first responder of the state or
 5389  local government for purposes of this section.
 5390         Section 127. Paragraph (a) of subsection (8) of section
 5391  175.032, Florida Statutes, is amended to read:
 5392         175.032 Definitions.—For any municipality, special fire
 5393  control district, chapter plan, local law municipality, local
 5394  law special fire control district, or local law plan under this
 5395  chapter, the following words and phrases have the following
 5396  meanings:
 5397         (8)(a) “Firefighter” means a any person employed solely by
 5398  a constituted fire department of any municipality or special
 5399  fire control district who is certified as a firefighter as a
 5400  condition of employment in accordance with s. 633.408 633.35 and
 5401  whose duty it is to extinguish fires, to protect life, or to
 5402  protect property. The term includes all certified, supervisory,
 5403  and command personnel whose duties include, in whole or in part,
 5404  the supervision, training, guidance, and management
 5405  responsibilities of full-time firefighters, part-time
 5406  firefighters, or auxiliary firefighters but does not include
 5407  part-time firefighters or auxiliary firefighters. However, for
 5408  purposes of this chapter only, the term also includes public
 5409  safety officers who are responsible for performing both police
 5410  and fire services, who are certified as police officers or
 5411  firefighters, and who are certified by their employers to the
 5412  Chief Financial Officer as participating in this chapter before
 5413  October 1, 1979. Effective October 1, 1979, public safety
 5414  officers who have not been certified as participating in this
 5415  chapter are considered police officers for retirement purposes
 5416  and are eligible to participate in chapter 185. Any plan may
 5417  provide that the fire chief has an option to participate, or
 5418  not, in that plan.
 5419         Section 128. Subsection (3) of section 175.121, Florida
 5420  Statutes, is amended to read:
 5421         175.121 Department of Revenue and Division of Retirement to
 5422  keep accounts of deposits; disbursements.—For any municipality
 5423  or special fire control district having a chapter or local law
 5424  plan established pursuant to this chapter:
 5425         (3)(a) All moneys not distributed to municipalities and
 5426  special fire control districts under this section as a result of
 5427  the limitation on disbursement contained in s. 175.122, or as a
 5428  result of any municipality or special fire control district not
 5429  having qualified in any given year, or portion thereof, shall be
 5430  transferred to the Firefighters’ Supplemental Compensation Trust
 5431  Fund administered by the Department of Revenue, as provided in
 5432  s. 633.422 633.382.
 5433         (b)1. Moneys transferred under paragraph (a) but not needed
 5434  to support the supplemental compensation program in a given year
 5435  shall be redistributed pro rata to those participating
 5436  municipalities and special fire control districts that transfer
 5437  any portion of their funds to support the supplemental
 5438  compensation program in that year. Such additional moneys shall
 5439  be used to cover or offset costs of the retirement plan.
 5440         2. To assist the Department of Revenue, the division shall
 5441  identify those municipalities and special fire control districts
 5442  that are eligible for redistribution as provided in s.
 5443  633.422(3)(c)2. 633.382(4)(c)2., by listing the municipalities
 5444  and special fire control districts from which funds were
 5445  transferred under paragraph (a) and specifying the amount
 5446  transferred by each.
 5447         Section 129. Paragraph (e) of subsection (1) of section
 5448  218.23, Florida Statutes, is amended to read:
 5449         218.23 Revenue sharing with units of local government.—
 5450         (1) To be eligible to participate in revenue sharing beyond
 5451  the minimum entitlement in any fiscal year, a unit of local
 5452  government is required to have:
 5453         (e) Certified that persons in its employ as firefighters,
 5454  as defined in s. 633.102 633.30(1), meet the qualification for
 5455  employment as established by the Division of State Fire Marshal
 5456  pursuant to the provisions of ss. 633.412 633.34 and 633.408
 5457  633.35 and that the provisions of s. 633.422 has 633.382 have
 5458  been met.
 5459  
 5460  Additionally, to receive its share of revenue sharing funds, a
 5461  unit of local government shall certify to the Department of
 5462  Revenue that the requirements of s. 200.065, if applicable, were
 5463  met. The certification shall be made annually within 30 days of
 5464  adoption of an ordinance or resolution establishing a final
 5465  property tax levy or, if no property tax is levied, not later
 5466  than November 1. The portion of revenue sharing funds which,
 5467  pursuant to this part, would otherwise be distributed to a unit
 5468  of local government which has not certified compliance or has
 5469  otherwise failed to meet the requirements of s. 200.065 shall be
 5470  deposited in the General Revenue Fund for the 12 months
 5471  following a determination of noncompliance by the department.
 5472         Section 130. Paragraph (a) of subsection (3) of section
 5473  252.515, Florida Statutes, is amended to read:
 5474         252.515 Postdisaster Relief Assistance Act; immunity from
 5475  civil liability.—
 5476         (3) As used in this section, the term:
 5477         (a) “Emergency first responder” means:
 5478         1. A physician licensed under chapter 458.
 5479         2. An osteopathic physician licensed under chapter 459.
 5480         3. A chiropractic physician licensed under chapter 460.
 5481         4. A podiatric physician licensed under chapter 461.
 5482         5. A dentist licensed under chapter 466.
 5483         6. An advanced registered nurse practitioner certified
 5484  under s. 464.012.
 5485         7. A physician assistant licensed under s. 458.347 or s.
 5486  459.022.
 5487         8. A worker employed by a public or private hospital in the
 5488  state.
 5489         9. A paramedic as defined in s. 401.23(17).
 5490         10. An emergency medical technician as defined in s.
 5491  401.23(11).
 5492         11. A firefighter as defined in s. 633.102 633.30.
 5493         12. A law enforcement officer as defined in s. 943.10.
 5494         13. A member of the Florida National Guard.
 5495         14. Any other personnel designated as emergency personnel
 5496  by the Governor pursuant to a declared emergency.
 5497         Section 131. Section 255.45, Florida Statutes, is amended
 5498  to read:
 5499         255.45 Correction of firesafety violations in certain
 5500  state-owned property.—The Department of Management Services is
 5501  responsible for ensuring that firesafety violations that are
 5502  noted by the State Fire Marshal pursuant to s. 633.218 633.085
 5503  are corrected as soon as practicable for all state-owned
 5504  property which is leased from the Department of Management
 5505  Services.
 5506         Section 132. Subsection (4) of section 258.0145, Florida
 5507  Statutes, is amended to read:
 5508         258.0145 Military state park fee discounts.—The Division of
 5509  Recreation and Parks shall provide the following discounts on
 5510  park fees to persons who present written documentation
 5511  satisfactory to the division which evidences their eligibility
 5512  for the discounts:
 5513         (4) The surviving spouse and parents of a law enforcement
 5514  officer, as defined in s. 943.10(1), or a firefighter, as
 5515  defined in s. 633.102 633.30(1), who has died in the line of
 5516  duty shall receive lifetime family annual entrance passes at no
 5517  charge.
 5518         Section 133. Subsection (1) of section 281.02, Florida
 5519  Statutes, is amended to read:
 5520         281.02 Powers and duties of the Department of Management
 5521  Services with respect to firesafety and security.—The Department
 5522  of Management Services has the following powers and duties with
 5523  respect to firesafety and security:
 5524         (1) To assist the State Fire Marshal in maintaining the
 5525  firesafety of public buildings pursuant to s. 633.218 633.085.
 5526         Section 134. Subsection (1) of section 384.287, Florida
 5527  Statutes, is amended to read:
 5528         384.287 Screening for sexually transmissible disease.—
 5529         (1) An officer as defined in s. 943.10(14); support
 5530  personnel as defined in s. 943.10(11) who are employed by the
 5531  Department of Law Enforcement, including, but not limited to,
 5532  any crime scene analyst, forensic technologist, or crime lab
 5533  analyst; firefighter as defined in s. 633.102 633.30; or
 5534  ambulance driver, paramedic, or emergency medical technician as
 5535  defined in s. 401.23, acting within the scope of employment, who
 5536  comes into contact with a person in such a way that significant
 5537  exposure, as defined in s. 381.004, has occurred may request
 5538  that the person be screened for a sexually transmissible disease
 5539  that can be transmitted through a significant exposure.
 5540         Section 135. Paragraph (a) of subsection (1) of section
 5541  395.0163, Florida Statutes, is amended to read:
 5542         395.0163 Construction inspections; plan submission and
 5543  approval; fees.—
 5544         (1)(a) The design, construction, erection, alteration,
 5545  modification, repair, and demolition of all public and private
 5546  health care facilities are governed by the Florida Building Code
 5547  and the Florida Fire Prevention Code under ss. 553.73 and
 5548  633.206 633.022. In addition to the requirements of ss. 553.79
 5549  and 553.80, the agency shall review facility plans and survey
 5550  the construction of any facility licensed under this chapter.
 5551  The agency shall make, or cause to be made, such construction
 5552  inspections and investigations as it deems necessary. The agency
 5553  may prescribe by rule that any licensee or applicant desiring to
 5554  make specified types of alterations or additions to its
 5555  facilities or to construct new facilities shall, before
 5556  commencing such alteration, addition, or new construction,
 5557  submit plans and specifications therefor to the agency for
 5558  preliminary inspection and approval or recommendation with
 5559  respect to compliance with applicable provisions of the Florida
 5560  Building Code or agency rules and standards. The agency shall
 5561  approve or disapprove the plans and specifications within 60
 5562  days after receipt of the fee for review of plans as required in
 5563  subsection (2). The agency may be granted one 15-day extension
 5564  for the review period if the director of the agency approves the
 5565  extension. If the agency fails to act within the specified time,
 5566  it shall be deemed to have approved the plans and
 5567  specifications. When the agency disapproves plans and
 5568  specifications, it shall set forth in writing the reasons for
 5569  its disapproval. Conferences and consultations may be provided
 5570  as necessary.
 5571         Section 136. Section 400.232, Florida Statutes, is amended
 5572  to read:
 5573         400.232 Review and approval of plans; fees and costs.—The
 5574  design, construction, erection, alteration, modification,
 5575  repair, and demolition of all public and private health care
 5576  facilities are governed by the Florida Building Code and the
 5577  Florida Fire Prevention Code under ss. 553.73 and 633.206
 5578  633.022. In addition to the requirements of ss. 553.79 and
 5579  553.80, the agency shall review the facility plans and survey
 5580  the construction of facilities licensed under this chapter.
 5581         (1) The agency shall approve or disapprove the plans and
 5582  specifications within 60 days after receipt of the final plans
 5583  and specifications. The agency may be granted one 15-day
 5584  extension for the review period, if the director of the agency
 5585  so approves. If the agency fails to act within the specified
 5586  time, it shall be deemed to have approved the plans and
 5587  specifications. When the agency disapproves plans and
 5588  specifications, it shall set forth in writing the reasons for
 5589  disapproval. Conferences and consultations may be provided as
 5590  necessary.
 5591         (2) The agency may is authorized to charge an initial fee
 5592  of $2,000 for review of plans and construction on all projects,
 5593  no part of which is refundable. The agency may also collect a
 5594  fee, not to exceed 1 percent of the estimated construction cost
 5595  or the actual cost of review, whichever is less, for the portion
 5596  of the review which encompasses initial review through the
 5597  initial revised construction document review. The agency is
 5598  further authorized to collect its actual costs on all subsequent
 5599  portions of the review and construction inspections. Initial fee
 5600  payment shall accompany the initial submission of plans and
 5601  specifications. Any subsequent payment that is due is payable
 5602  upon receipt of the invoice from the agency. Notwithstanding any
 5603  other provisions of law to the contrary, all money received by
 5604  the agency pursuant to the provisions of this section shall be
 5605  deemed to be trust funds, to be held and applied solely for the
 5606  operations required under this section.
 5607         Section 137. Section 400.915, Florida Statutes, is amended
 5608  to read:
 5609         400.915 Construction and renovation; requirements.—The
 5610  requirements for the construction or renovation of a PPEC center
 5611  shall comply with:
 5612         (1) The provisions of chapter 553, which pertain to
 5613  building construction standards, including plumbing, electrical
 5614  code, glass, manufactured buildings, accessibility for the
 5615  physically disabled;
 5616         (2) Section 633.206 The provisions of s. 633.022 and
 5617  applicable rules pertaining to physical standards for
 5618  nonresidential child care facilities; and
 5619         (3) The standards or rules adopted pursuant to this part
 5620  and part II of chapter 408.
 5621         Section 138. Paragraph (a) of subsection (1) of section
 5622  429.41, Florida Statutes, is amended to read:
 5623         429.41 Rules establishing standards.—
 5624         (1) It is the intent of the Legislature that rules
 5625  published and enforced pursuant to this section shall include
 5626  criteria by which a reasonable and consistent quality of
 5627  resident care and quality of life may be ensured and the results
 5628  of such resident care may be demonstrated. Such rules shall also
 5629  ensure a safe and sanitary environment that is residential and
 5630  noninstitutional in design or nature. It is further intended
 5631  that reasonable efforts be made to accommodate the needs and
 5632  preferences of residents to enhance the quality of life in a
 5633  facility. The agency, in consultation with the department, may
 5634  adopt rules to administer the requirements of part II of chapter
 5635  408. In order to provide safe and sanitary facilities and the
 5636  highest quality of resident care accommodating the needs and
 5637  preferences of residents, the department, in consultation with
 5638  the agency, the Department of Children and Family Services, and
 5639  the Department of Health, shall adopt rules, policies, and
 5640  procedures to administer this part, which must include
 5641  reasonable and fair minimum standards in relation to:
 5642         (a) The requirements for and maintenance of facilities, not
 5643  in conflict with the provisions of chapter 553, relating to
 5644  plumbing, heating, cooling, lighting, ventilation, living space,
 5645  and other housing conditions, which will ensure the health,
 5646  safety, and comfort of residents and protection from fire
 5647  hazard, including adequate provisions for fire alarm and other
 5648  fire protection suitable to the size of the structure. Uniform
 5649  firesafety standards shall be established and enforced by the
 5650  State Fire Marshal in cooperation with the agency, the
 5651  department, and the Department of Health.
 5652         1. Evacuation capability determination.—
 5653         a. The provisions of the National Fire Protection
 5654  Association, NFPA 101A, Chapter 5, 1995 edition, shall be used
 5655  for determining the ability of the residents, with or without
 5656  staff assistance, to relocate from or within a licensed facility
 5657  to a point of safety as provided in the fire codes adopted
 5658  herein. An evacuation capability evaluation for initial
 5659  licensure shall be conducted within 6 months after the date of
 5660  licensure. For existing licensed facilities that are not
 5661  equipped with an automatic fire sprinkler system, the
 5662  administrator shall evaluate the evacuation capability of
 5663  residents at least annually. The evacuation capability
 5664  evaluation for each facility not equipped with an automatic fire
 5665  sprinkler system shall be validated, without liability, by the
 5666  State Fire Marshal, by the local fire marshal, or by the local
 5667  authority having jurisdiction over firesafety, before the
 5668  license renewal date. If the State Fire Marshal, local fire
 5669  marshal, or local authority having jurisdiction over firesafety
 5670  has reason to believe that the evacuation capability of a
 5671  facility as reported by the administrator may have changed, it
 5672  may, with assistance from the facility administrator, reevaluate
 5673  the evacuation capability through timed exiting drills.
 5674  Translation of timed fire exiting drills to evacuation
 5675  capability may be determined:
 5676         (I) Three minutes or less: prompt.
 5677         (II) More than 3 minutes, but not more than 13 minutes:
 5678  slow.
 5679         (III) More than 13 minutes: impractical.
 5680         b. The Office of the State Fire Marshal shall provide or
 5681  cause the provision of training and education on the proper
 5682  application of Chapter 5, NFPA 101A, 1995 edition, to its
 5683  employees, to staff of the Agency for Health Care Administration
 5684  who are responsible for regulating facilities under this part,
 5685  and to local governmental inspectors. The Office of the State
 5686  Fire Marshal shall provide or cause the provision of this
 5687  training within its existing budget, but may charge a fee for
 5688  this training to offset its costs. The initial training must be
 5689  delivered within 6 months after July 1, 1995, and as needed
 5690  thereafter.
 5691         c. The Office of the State Fire Marshal, in cooperation
 5692  with provider associations, shall provide or cause the provision
 5693  of a training program designed to inform facility operators on
 5694  how to properly review bid documents relating to the
 5695  installation of automatic fire sprinklers. The Office of the
 5696  State Fire Marshal shall provide or cause the provision of this
 5697  training within its existing budget, but may charge a fee for
 5698  this training to offset its costs. The initial training must be
 5699  delivered within 6 months after July 1, 1995, and as needed
 5700  thereafter.
 5701         d. The administrator of a licensed facility shall sign an
 5702  affidavit verifying the number of residents occupying the
 5703  facility at the time of the evacuation capability evaluation.
 5704         2. Firesafety requirements.—
 5705         a. Except for the special applications provided herein,
 5706  effective January 1, 1996, the provisions of the National Fire
 5707  Protection Association, Life Safety Code, NFPA 101, 1994
 5708  edition, Chapter 22 for new facilities and Chapter 23 for
 5709  existing facilities shall be the uniform fire code applied by
 5710  the State Fire Marshal for assisted living facilities, pursuant
 5711  to s. 633.206 633.022.
 5712         b. Any new facility, regardless of size, that applies for a
 5713  license on or after January 1, 1996, must be equipped with an
 5714  automatic fire sprinkler system. The exceptions as provided in
 5715  s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply
 5716  to any new facility housing eight or fewer residents. On July 1,
 5717  1995, local governmental entities responsible for the issuance
 5718  of permits for construction shall inform, without liability, any
 5719  facility whose permit for construction is obtained before prior
 5720  to January 1, 1996, of this automatic fire sprinkler
 5721  requirement. As used in this part, the term “a new facility”
 5722  does not mean an existing facility that has undergone change of
 5723  ownership.
 5724         c. Notwithstanding any provision of s. 633.206 633.022 or
 5725  of the National Fire Protection Association, NFPA 101A, Chapter
 5726  5, 1995 edition, to the contrary, any existing facility housing
 5727  eight or fewer residents is not required to install an automatic
 5728  fire sprinkler system, nor to comply with any other requirement
 5729  in Chapter 23, NFPA 101, 1994 edition, that exceeds the
 5730  firesafety requirements of NFPA 101, 1988 edition, that applies
 5731  to this size facility, unless the facility has been classified
 5732  as impractical to evacuate. Any existing facility housing eight
 5733  or fewer residents that is classified as impractical to evacuate
 5734  must install an automatic fire sprinkler system within the
 5735  timeframes granted in this section.
 5736         d. Any existing facility that is required to install an
 5737  automatic fire sprinkler system under this paragraph need not
 5738  meet other firesafety requirements of Chapter 23, NFPA 101, 1994
 5739  edition, which exceed the provisions of NFPA 101, 1988 edition.
 5740  The mandate contained in this paragraph which requires certain
 5741  facilities to install an automatic fire sprinkler system
 5742  supersedes any other requirement.
 5743         e. This paragraph does not supersede the exceptions granted
 5744  in NFPA 101, 1988 edition or 1994 edition.
 5745         f. This paragraph does not exempt facilities from other
 5746  firesafety provisions adopted under s. 633.206 633.022 and local
 5747  building code requirements in effect before July 1, 1995.
 5748         g. A local government may charge fees only in an amount not
 5749  to exceed the actual expenses incurred by local government
 5750  relating to the installation and maintenance of an automatic
 5751  fire sprinkler system in an existing and properly licensed
 5752  assisted living facility structure as of January 1, 1996.
 5753         h. If a licensed facility undergoes major reconstruction or
 5754  addition to an existing building on or after January 1, 1996,
 5755  the entire building must be equipped with an automatic fire
 5756  sprinkler system. Major reconstruction of a building means
 5757  repair or restoration that costs in excess of 50 percent of the
 5758  value of the building as reported on the tax rolls, excluding
 5759  land, before reconstruction. Multiple reconstruction projects
 5760  within a 5-year period the total costs of which exceed 50
 5761  percent of the initial value of the building when at the time
 5762  the first reconstruction project was permitted are to be
 5763  considered as major reconstruction. Application for a permit for
 5764  an automatic fire sprinkler system is required upon application
 5765  for a permit for a reconstruction project that creates costs
 5766  that go over the 50-percent threshold.
 5767         i. Any facility licensed before January 1, 1996, that is
 5768  required to install an automatic fire sprinkler system shall
 5769  ensure that the installation is completed within the following
 5770  timeframes based upon evacuation capability of the facility as
 5771  determined under subparagraph 1.:
 5772         (I) Impractical evacuation capability, 24 months.
 5773         (II) Slow evacuation capability, 48 months.
 5774         (III) Prompt evacuation capability, 60 months.
 5775  
 5776  The beginning date from which the deadline for the automatic
 5777  fire sprinkler installation requirement must be calculated is
 5778  upon receipt of written notice from the local fire official that
 5779  an automatic fire sprinkler system must be installed. The local
 5780  fire official shall send a copy of the document indicating the
 5781  requirement of a fire sprinkler system to the Agency for Health
 5782  Care Administration.
 5783         j. It is recognized that the installation of an automatic
 5784  fire sprinkler system may create financial hardship for some
 5785  facilities. The appropriate local fire official shall, without
 5786  liability, grant two 1-year extensions to the timeframes for
 5787  installation established herein, if an automatic fire sprinkler
 5788  installation cost estimate and proof of denial from two
 5789  financial institutions for a construction loan to install the
 5790  automatic fire sprinkler system are submitted. However, for any
 5791  facility with a class I or class II, or a history of uncorrected
 5792  class III, firesafety deficiencies, an extension must not be
 5793  granted. The local fire official shall send a copy of the
 5794  document granting the time extension to the Agency for Health
 5795  Care Administration.
 5796         k. A facility owner whose facility is required to be
 5797  equipped with an automatic fire sprinkler system under Chapter
 5798  23, NFPA 101, 1994 edition, as adopted herein, must disclose to
 5799  any potential buyer of the facility that an installation of an
 5800  automatic fire sprinkler requirement exists. The sale of the
 5801  facility does not alter the timeframe for the installation of
 5802  the automatic fire sprinkler system.
 5803         l. Existing facilities required to install an automatic
 5804  fire sprinkler system as a result of construction-type
 5805  restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
 5806  herein, or evacuation capability requirements shall be notified
 5807  by the local fire official in writing of the automatic fire
 5808  sprinkler requirement, as well as the appropriate date for final
 5809  compliance as provided in this subparagraph. The local fire
 5810  official shall send a copy of the document to the Agency for
 5811  Health Care Administration.
 5812         m. Except in cases of life-threatening fire hazards, if an
 5813  existing facility experiences a change in the evacuation
 5814  capability, or if the local authority having jurisdiction
 5815  identifies a construction-type restriction, such that an
 5816  automatic fire sprinkler system is required, it shall be given
 5817  afforded time for installation as provided in this subparagraph.
 5818  
 5819  Facilities that are fully sprinkled and in compliance with other
 5820  firesafety standards are not required to conduct more than one
 5821  of the required fire drills between the hours of 11 p.m. and 7
 5822  a.m., per year. In lieu of the remaining drills, staff
 5823  responsible for residents during such hours may be required to
 5824  participate in a mock drill that includes a review of evacuation
 5825  procedures. Such standards must be included or referenced in the
 5826  rules adopted by the State Fire Marshal. Pursuant to s.
 5827  633.206(1)(b) 633.022(1)(b), the State Fire Marshal is the final
 5828  administrative authority for firesafety standards established
 5829  and enforced pursuant to this section. All licensed facilities
 5830  must have an annual fire inspection conducted by the local fire
 5831  marshal or authority having jurisdiction.
 5832         3. Resident elopement requirements.—Facilities are required
 5833  to conduct a minimum of two resident elopement prevention and
 5834  response drills per year. All administrators and direct care
 5835  staff must participate in the drills which shall include a
 5836  review of procedures to address resident elopement. Facilities
 5837  must document the implementation of the drills and ensure that
 5838  the drills are conducted in a manner consistent with the
 5839  facility’s resident elopement policies and procedures.
 5840         Section 139. Subsection (1) of section 429.44, Florida
 5841  Statutes, is amended to read:
 5842         429.44 Construction and renovation; requirements.—
 5843         (1) The requirements for the construction and renovation of
 5844  a facility shall comply with the provisions of chapter 553 which
 5845  pertains pertain to building construction standards, including
 5846  plumbing, electrical code, glass, manufactured buildings,
 5847  accessibility for persons with disabilities, and the state
 5848  minimum building code and with the provisions of s. 633.206
 5849  633.022, which pertains pertain to uniform firesafety standards.
 5850         Section 140. Subsection (2) of section 429.73, Florida
 5851  Statutes, is amended to read:
 5852         429.73 Rules and standards relating to adult family-care
 5853  homes.—
 5854         (2) The department shall by rule provide minimum standards
 5855  and procedures for emergencies. Pursuant to s. 633.206 633.022,
 5856  the State Fire Marshal, in consultation with the department and
 5857  the agency, shall adopt uniform firesafety standards for adult
 5858  family-care homes.
 5859         Section 141. Subsection (4) of section 447.203, Florida
 5860  Statutes, is amended to read:
 5861         447.203 Definitions.—As used in this part:
 5862         (4) “Managerial employees” are those employees who:
 5863         (a) Perform jobs that are not of a routine, clerical, or
 5864  ministerial nature and require the exercise of independent
 5865  judgment in the performance of such jobs and to whom one or more
 5866  of the following applies:
 5867         1. They formulate or assist in formulating policies which
 5868  are applicable to bargaining unit employees.
 5869         2. They may reasonably be required on behalf of the
 5870  employer to assist in the preparation for the conduct of
 5871  collective bargaining negotiations.
 5872         3. They have a role in the administration of agreements
 5873  resulting from collective bargaining negotiations.
 5874         4. They have a significant role in personnel
 5875  administration.
 5876         5. They have a significant role in employee relations.
 5877         6. They are included in the definition of administrative
 5878  personnel contained in s. 1012.01(3).
 5879         7. They have a significant role in the preparation or
 5880  administration of budgets for any public agency or institution
 5881  or subdivision thereof.
 5882         (b) Serve as police chiefs, fire chiefs, or directors of
 5883  public safety of any police, fire, or public safety department.
 5884  Other police officers, as defined in s. 943.10(1), and
 5885  firefighters, as defined in s. 633.102 633.30(1), may be
 5886  determined by the commission to be managerial employees of such
 5887  departments. In making such determinations, the commission shall
 5888  consider, in addition to the criteria established in paragraph
 5889  (a), the paramilitary organizational structure of the department
 5890  involved.
 5891  
 5892  However, in determining whether an individual is a managerial
 5893  employee pursuant to either paragraph (a) or paragraph (b),
 5894  above, the commission may consider historic relationships of the
 5895  employee to the public employer and to coemployees.
 5896         Section 142. Subsection (1) of section 468.602, Florida
 5897  Statutes, is amended to read:
 5898         468.602 Exemptions.—This part does not apply to:
 5899         (1) Persons who possess a valid certificate, issued
 5900  pursuant to s. 633.216 633.081, for conducting firesafety
 5901  inspections, when conducting firesafety inspections.
 5902         Section 143. Paragraph (c) of subsection (2) of section
 5903  468.609, Florida Statutes, is amended to read:
 5904         468.609 Administration of this part; standards for
 5905  certification; additional categories of certification.—
 5906         (2) A person may take the examination for certification as
 5907  a building code inspector or plans examiner pursuant to this
 5908  part if the person:
 5909         (c) Meets eligibility requirements according to one of the
 5910  following criteria:
 5911         1. Demonstrates 5 years’ combined experience in the field
 5912  of construction or a related field, building code inspection, or
 5913  plans review corresponding to the certification category sought;
 5914         2. Demonstrates a combination of postsecondary education in
 5915  the field of construction or a related field and experience
 5916  which totals 4 years, with at least 1 year of such total being
 5917  experience in construction, building code inspection, or plans
 5918  review;
 5919         3. Demonstrates a combination of technical education in the
 5920  field of construction or a related field and experience which
 5921  totals 4 years, with at least 1 year of such total being
 5922  experience in construction, building code inspection, or plans
 5923  review;
 5924         4. Currently holds a standard certificate as issued by the
 5925  board, or a fire safety inspector license issued pursuant to
 5926  chapter 633, has a minimum of 5 years’ verifiable full-time
 5927  experience in inspection or plan review, and satisfactorily
 5928  completes a building code inspector or plans examiner training
 5929  program of not less than 200 hours in the certification category
 5930  sought. The board shall establish by rule criteria for the
 5931  development and implementation of the training programs; or
 5932         5. Demonstrates a combination of the completion of an
 5933  approved training program in the field of building code
 5934  inspection or plan review and a minimum of 2 years’ experience
 5935  in the field of building code inspection, plan review, fire code
 5936  inspections and fire plans review of new buildings as a
 5937  firesafety inspector certified under s. 633.216 633.081(2), or
 5938  construction. The approved training portion of this requirement
 5939  shall include proof of satisfactory completion of a training
 5940  program of not less than 300 hours which is approved by the
 5941  board in the chosen category of building code inspection or plan
 5942  review in the certification category sought with not less than
 5943  20 hours of instruction in state laws, rules, and ethics
 5944  relating to professional standards of practice, duties, and
 5945  responsibilities of a certificateholder. The board shall
 5946  coordinate with the Building Officials Association of Florida,
 5947  Inc., to establish by rule the development and implementation of
 5948  the training program.
 5949         Section 144. Subsection (22) of section 489.103, Florida
 5950  Statutes, is amended to read:
 5951         489.103 Exemptions.—This part does not apply to:
 5952         (22) A person licensed pursuant to s. 633.304(1)(d)
 5953  633.061(1)(d) or (3)(b) performing work authorized by such
 5954  license.
 5955         Section 145. Paragraph (n) of subsection (3) of section
 5956  489.105, Florida Statutes, is amended to read:
 5957         489.105 Definitions.—As used in this part:
 5958         (3) “Contractor” means the person who is qualified for, and
 5959  is only responsible for, the project contracted for and means,
 5960  except as exempted in this part, the person who, for
 5961  compensation, undertakes to, submits a bid to, or does himself
 5962  or herself or by others construct, repair, alter, remodel, add
 5963  to, demolish, subtract from, or improve any building or
 5964  structure, including related improvements to real estate, for
 5965  others or for resale to others; and whose job scope is
 5966  substantially similar to the job scope described in one of the
 5967  paragraphs of this subsection. For the purposes of regulation
 5968  under this part, the term “demolish” applies only to demolition
 5969  of steel tanks more than 50 feet in height; towers more than 50
 5970  feet in height; other structures more than 50 feet in height;
 5971  and all buildings or residences. Contractors are subdivided into
 5972  two divisions, Division I, consisting of those contractors
 5973  defined in paragraphs (a)-(c), and Division II, consisting of
 5974  those contractors defined in paragraphs (d)-(q):
 5975         (n) “Underground utility and excavation contractor” means a
 5976  contractor whose services are limited to the construction,
 5977  installation, and repair, on public or private property, whether
 5978  accomplished through open excavations or through other means,
 5979  including, but not limited to, directional drilling, auger
 5980  boring, jacking and boring, trenchless technologies, wet and dry
 5981  taps, grouting, and slip lining, of main sanitary sewer
 5982  collection systems, main water distribution systems, storm sewer
 5983  collection systems, and the continuation of utility lines from
 5984  the main systems to a point of termination up to and including
 5985  the meter location for the individual occupancy, sewer
 5986  collection systems at property line on residential or single
 5987  occupancy commercial properties, or on multioccupancy properties
 5988  at manhole or wye lateral extended to an invert elevation as
 5989  engineered to accommodate future building sewers, water
 5990  distribution systems, or storm sewer collection systems at storm
 5991  sewer structures. However, an underground utility and excavation
 5992  contractor may install empty underground conduits in rights-of
 5993  way, easements, platted rights-of-way in new site development,
 5994  and sleeves for parking lot crossings no smaller than 2 inches
 5995  in diameter if each conduit system installed is designed by a
 5996  licensed professional engineer or an authorized employee of a
 5997  municipality, county, or public utility and the installation of
 5998  such conduit does not include installation of any conductor
 5999  wiring or connection to an energized electrical system. An
 6000  underground utility and excavation contractor may not install
 6001  piping that is an integral part of a fire protection system as
 6002  defined in s. 633.102 633.021 beginning at the point where the
 6003  piping is used exclusively for such system.
 6004         Section 146. Subsection (9) of section 496.404, Florida
 6005  Statutes, is amended to read:
 6006         496.404 Definitions.—As used in ss. 496.401-496.424:
 6007         (9) “Emergency service employee” means any employee who is
 6008  a firefighter, as defined in s. 633.102 633.30, or ambulance
 6009  driver, emergency medical technician, or paramedic, as defined
 6010  in s. 401.23.
 6011         Section 147. Paragraph (a) of subsection (7) of section
 6012  509.032, Florida Statutes, is amended to read:
 6013         509.032 Duties.—
 6014         (7) PREEMPTION AUTHORITY.—
 6015         (a) The regulation of public lodging establishments and
 6016  public food service establishments, including, but not limited
 6017  to, sanitation standards, inspections, training and testing of
 6018  personnel, and matters related to the nutritional content and
 6019  marketing of foods offered in such establishments, is preempted
 6020  to the state. This paragraph does not preempt the authority of a
 6021  local government or local enforcement district to conduct
 6022  inspections of public lodging and public food service
 6023  establishments for compliance with the Florida Building Code and
 6024  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
 6025  633.206 633.022.
 6026         Section 148. Section 513.05, Florida Statutes, is amended
 6027  to read:
 6028         513.05 Rules.—The department may adopt rules pertaining to
 6029  the location, construction, modification, equipment, and
 6030  operation of mobile home parks, lodging parks, recreational
 6031  vehicle parks, and recreational camps, except as provided in s.
 6032  633.206 633.022, as necessary to administer this chapter. Such
 6033  rules may include definitions of terms; requirements for plan
 6034  reviews of proposed and existing parks and camps; plan reviews
 6035  of parks that consolidate space or change space size; water
 6036  supply; sewage collection and disposal; plumbing and backflow
 6037  prevention; garbage and refuse storage, collection, and
 6038  disposal; insect and rodent control; space requirements; heating
 6039  facilities; food service; lighting; sanitary facilities;
 6040  bedding; an occupancy equivalency to spaces for permits for
 6041  recreational camps; sanitary facilities in recreational vehicle
 6042  parks; and the owners’ responsibilities at recreational vehicle
 6043  parks and recreational camps.
 6044         Section 149. Paragraph (d) of subsection (1) and paragraph
 6045  (f) of subsection (11) of section 553.73, Florida Statutes, are
 6046  amended to read:
 6047         553.73 Florida Building Code.—
 6048         (1)
 6049         (d) Conflicting requirements between the Florida Building
 6050  Code and the Florida Fire Prevention Code and Life Safety Code
 6051  of the state established pursuant to ss. 633.206 633.022 and
 6052  633.208 633.025 shall be resolved by agreement between the
 6053  commission and the State Fire Marshal in favor of the
 6054  requirement that offers the greatest degree of lifesafety or
 6055  alternatives that would provide an equivalent degree of
 6056  lifesafety and an equivalent method of construction. If the
 6057  commission and State Fire Marshal are unable to agree on a
 6058  resolution, the question shall be referred to a mediator,
 6059  mutually agreeable to both parties, to resolve the conflict in
 6060  favor of the provision that offers the greatest lifesafety, or
 6061  alternatives that would provide an equivalent degree of
 6062  lifesafety and an equivalent method of construction.
 6063         (11)
 6064         (f) All decisions of the local building official and local
 6065  fire official and all decisions of the administrative board
 6066  shall be in writing and shall be binding upon a person all
 6067  persons but do shall not limit the authority of the State Fire
 6068  Marshal or the Florida Building Commission pursuant to paragraph
 6069  (1)(d) and ss. 633.104 633.01 and 633.228 633.161. Decisions of
 6070  general application shall be indexed by building and fire code
 6071  sections and shall be available for inspection during normal
 6072  business hours.
 6073         Section 150. Paragraph (e) of subsection (1) of section
 6074  553.77, Florida Statutes, is amended to read:
 6075         553.77 Specific powers of the commission.—
 6076         (1) The commission shall:
 6077         (e) Participate with the Florida Fire Code Advisory Council
 6078  created under s. 633.204 633.72, to provide assistance and
 6079  recommendations relating to firesafety code interpretations. The
 6080  administrative staff of the commission shall attend meetings of
 6081  the Florida Fire Code Advisory Council and coordinate efforts to
 6082  provide consistency between the Florida Building Code and the
 6083  Florida Fire Prevention Code and the Life Safety Code.
 6084         Section 151. Subsections (2) and (12) of section 553.79,
 6085  Florida Statutes, are amended to read:
 6086         553.79 Permits; applications; issuance; inspections.—
 6087         (2) Except as provided in subsection (6), an enforcing
 6088  agency may not issue any permit for construction, erection,
 6089  alteration, modification, repair, or demolition of any building
 6090  or structure until the local building code administrator or
 6091  inspector has reviewed the plans and specifications required by
 6092  the Florida Building Code, or local amendment thereto, for such
 6093  proposal and found the plans to be in compliance with the
 6094  Florida Building Code. If the local building code administrator
 6095  or inspector finds that the plans are not in compliance with the
 6096  Florida Building Code, the local building code administrator or
 6097  inspector shall identify the specific plan features that do not
 6098  comply with the applicable codes, identify the specific code
 6099  chapters and sections upon which the finding is based, and
 6100  provide this information to the local enforcing agency. The
 6101  local enforcing agency shall provide this information to the
 6102  permit applicant. In addition, an enforcing agency may not issue
 6103  any permit for construction, erection, alteration, modification,
 6104  repair, or demolition of any building until the appropriate
 6105  firesafety inspector certified pursuant to s. 633.216 633.081
 6106  has reviewed the plans and specifications required by the
 6107  Florida Building Code, or local amendment thereto, for such
 6108  proposal and found that the plans comply with the Florida Fire
 6109  Prevention Code and the Life Safety Code. Any building or
 6110  structure which is not subject to a firesafety code shall not be
 6111  required to have its plans reviewed by the firesafety inspector.
 6112  Any building or structure that is exempt from the local building
 6113  permit process may not be required to have its plans reviewed by
 6114  the local building code administrator. Industrial construction
 6115  on sites where design, construction, and firesafety are
 6116  supervised by appropriate design and inspection professionals
 6117  and which contain adequate in-house fire departments and rescue
 6118  squads is exempt, subject to local government option, from
 6119  review of plans and inspections, providing owners certify that
 6120  applicable codes and standards have been met and supply
 6121  appropriate approved drawings to local building and firesafety
 6122  inspectors. The enforcing agency shall issue a permit to
 6123  construct, erect, alter, modify, repair, or demolish any
 6124  building or structure when the plans and specifications for such
 6125  proposal comply with the provisions of the Florida Building Code
 6126  and the Florida Fire Prevention Code and the Life Safety Code as
 6127  determined by the local authority in accordance with this
 6128  chapter and chapter 633.
 6129         (12) One-family and two-family detached residential
 6130  dwelling units are not subject to plan review by the local fire
 6131  official as described in this section or inspection by the local
 6132  fire official as described in s. 633.216 633.081, unless
 6133  expressly made subject to the said plan review or inspection by
 6134  local ordinance.
 6135         Section 152. Paragraph (d) of subsection (1) of section
 6136  590.02, Florida Statutes, is amended to read:
 6137         590.02 Florida Forest Service; powers, authority, and
 6138  duties; liability; building structures; Florida Center for
 6139  Wildfire and Forest Resources Management Training.—
 6140         (1) The Florida Forest Service has the following powers,
 6141  authority, and duties:
 6142         (d) To appoint center managers, forest area supervisors,
 6143  forestry program administrators, a forest protection bureau
 6144  chief, a forest protection assistant bureau chief, a field
 6145  operations bureau chief, deputy chiefs of field operations,
 6146  district managers, forest operations administrators, senior
 6147  forest rangers, investigators, forest rangers, firefighter
 6148  rotorcraft pilots, and other employees who may, at the Florida
 6149  Forest Service’s discretion, be certified as forestry
 6150  firefighters pursuant to s. 633.408(8) 633.35(4). Other
 6151  provisions of law notwithstanding, center managers, district
 6152  managers, forest protection assistant bureau chief, and deputy
 6153  chiefs of field operations shall have Selected Exempt Service
 6154  status in the state personnel designation;
 6155         Section 153. Section 627.4107, Florida Statutes, is amended
 6156  to read:
 6157         627.4107 Government employees exposed to toxic drug
 6158  chemicals; cancellation of life or health policy or certificate
 6159  prohibited.—No life or health insurer may cancel or nonrenew a
 6160  life or health insurance policy or certificate of insurance
 6161  providing coverage to a state or local law enforcement officer
 6162  as defined in s. 943.10, firefighter as defined in s. 633.102
 6163  633.30, emergency medical technician as defined in s. 401.23, or
 6164  paramedic as defined in s. 401.23, a volunteer firefighter as
 6165  defined in 633.102 engaged by state or local government, a law
 6166  enforcement officer employed by the Federal Government, or any
 6167  other local, state, or Federal Government employee solely based
 6168  on the fact that the individual has been exposed to toxic
 6169  chemicals or suffered injury or disease as a result of the
 6170  individual’s lawful duties arising out of the commission of a
 6171  violation of chapter 893 by another person. This section does
 6172  not apply to a any person who commits an offense under chapter
 6173  893. This section does not prohibit an insurer from canceling or
 6174  nonrenewing an insurance policy or certificate, as permitted
 6175  under the applicable state insurance code, based on an act or
 6176  practice of the policyholder or certificateholder that
 6177  constitutes fraud or intentional misrepresentation of material
 6178  fact by the policyholder or certificateholder.
 6179         Section 154. Subsection (10) of section 893.13, Florida
 6180  Statutes, is amended to read:
 6181         893.13 Prohibited acts; penalties.—
 6182         (10) If a person violates any provision of this chapter and
 6183  the violation results in a serious injury to a state or local
 6184  law enforcement officer as defined in s. 943.10, firefighter as
 6185  defined in s. 633.102 633.30, emergency medical technician as
 6186  defined in s. 401.23, paramedic as defined in s. 401.23,
 6187  employee of a public utility or an electric utility as defined
 6188  in s. 366.02, animal control officer as defined in s. 828.27,
 6189  volunteer firefighter engaged by state or local government, law
 6190  enforcement officer employed by the Federal Government, or any
 6191  other local, state, or Federal Government employee injured
 6192  during the course and scope of his or her employment, the person
 6193  commits a felony of the third degree, punishable as provided in
 6194  s. 775.082, s. 775.083, or s. 775.084. If the injury sustained
 6195  results in death or great bodily harm, the person commits a
 6196  felony of the second degree, punishable as provided in s.
 6197  775.082, s. 775.083, or s. 775.084.
 6198         Section 155. Paragraph (g) of subsection (2) of section
 6199  934.03, Florida Statutes, is amended to read:
 6200         934.03 Interception and disclosure of wire, oral, or
 6201  electronic communications prohibited.—
 6202         (2)
 6203         (g) It is lawful under ss. 934.03-934.09 for an employee
 6204  of:
 6205         1. An ambulance service licensed pursuant to s. 401.25, a
 6206  fire station employing firefighters as defined by s. 633.102
 6207  633.30, a public utility, a law enforcement agency as defined by
 6208  s. 934.02(10), or any other entity with published emergency
 6209  telephone numbers;
 6210         2. An agency operating an emergency telephone number “911”
 6211  system established pursuant to s. 365.171; or
 6212         3. The central abuse hotline operated pursuant to s. 39.201
 6213  
 6214  to intercept and record incoming wire communications; however,
 6215  such employee may intercept and record incoming wire
 6216  communications on designated “911” telephone numbers and
 6217  published nonemergency telephone numbers staffed by trained
 6218  dispatchers at public safety answering points only. It is also
 6219  lawful for such employee to intercept and record outgoing wire
 6220  communications to the numbers from which such incoming wire
 6221  communications were placed when necessary to obtain information
 6222  required to provide the emergency services being requested. For
 6223  the purpose of this paragraph, the term “public utility” has the
 6224  same meaning as provided in s. 366.02 and includes a person,
 6225  partnership, association, or corporation now or hereafter owning
 6226  or operating equipment or facilities in the state for conveying
 6227  or transmitting messages or communications by telephone or
 6228  telegraph to the public for compensation.
 6229         Section 156. Paragraph (b) of subsection (4) of section
 6230  943.61, Florida Statutes, is amended to read:
 6231         943.61 Powers and duties of the Capitol Police.—
 6232         (4) The Capitol Police shall have the following
 6233  responsibilities, powers, and duties:
 6234         (b) To provide and maintain the security of all property
 6235  located in the Capitol Complex in a manner consistent with the
 6236  security plans developed and approved under paragraph (a) and,
 6237  in consultation with the State Fire Marshal, to provide for
 6238  evacuations, information, and training required for firesafety
 6239  on such property in a manner consistent with s. 633.218 633.085.
 6240         Section 157. Paragraph (b) of subsection (18) of section
 6241  1002.33, Florida Statutes, is amended to read:
 6242         1002.33 Charter schools.—
 6243         (18) FACILITIES.—
 6244         (b) A charter school shall use utilize facilities that
 6245  comply with the Florida Fire Prevention Code, pursuant to s.
 6246  633.208 633.025, as adopted by the authority in whose
 6247  jurisdiction the facility is located as provided in paragraph
 6248  (a).
 6249         Section 158. Subsection (9) of section 1002.34, Florida
 6250  Statutes, is amended to read:
 6251         1002.34 Charter technical career centers.—
 6252         (9) FACILITIES.—A center may be located in any suitable
 6253  location, including part of an existing public school or Florida
 6254  College System institution building, space provided on a public
 6255  worksite, or a public building. A center’s facilities must
 6256  comply with the State Uniform Building Code for Public
 6257  Educational Facilities Construction adopted pursuant to s.
 6258  1013.37, or with applicable state minimum building codes
 6259  pursuant to chapter 553, and state minimum fire protection codes
 6260  pursuant to s. 633.208 633.025, adopted by the authority in
 6261  whose jurisdiction the facility is located. If K-12 public
 6262  school funds are used for construction, the facility must remain
 6263  on the local school district’s Florida Inventory of School
 6264  Houses (FISH) school building inventory of the district school
 6265  board and must revert to the district school board if the
 6266  consortium dissolves and the program is discontinued. If Florida
 6267  College System institution public school funds are used for
 6268  construction, the facility must remain on the local Florida
 6269  College System institution’s facilities inventory and must
 6270  revert to the local Florida College System institution board of
 6271  trustees if the consortium dissolves and the program is
 6272  discontinued. The additional student capacity created by the
 6273  addition of the center to the local school district’s FISH may
 6274  not be calculated in the permanent student capacity for the
 6275  purpose of determining need or eligibility for state capital
 6276  outlay funds while the facility is used as a center. If the
 6277  construction of the center is funded jointly by K-12 public
 6278  school funds and Florida College System institution funds, the
 6279  sponsoring entities must agree, before granting the charter, on
 6280  the appropriate owner and terms of transfer of the facility if
 6281  the charter is dissolved.
 6282         Section 159. Subsection (1), paragraph (c) of subsection
 6283  (2), and paragraphs (a) and (c) of subsection (6) of section
 6284  1013.12, Florida Statutes, are amended to read:
 6285         1013.12 Casualty, safety, sanitation, and firesafety
 6286  standards and inspection of property.—
 6287         (1) FIRESAFETY.—The State Board of Education shall adopt
 6288  and administer rules prescribing standards for the safety and
 6289  health of occupants of educational and ancillary plants as a
 6290  part of State Requirements for Educational Facilities or the
 6291  Florida Building Code for educational facilities construction as
 6292  provided in s. 1013.37, except that the State Fire Marshal in
 6293  consultation with the Department of Education shall adopt
 6294  uniform firesafety standards for educational and ancillary
 6295  plants and educational facilities, as provided in s.
 6296  633.206(1)(b) 633.022(1)(b), and a firesafety evaluation system
 6297  to be used as an alternate firesafety inspection standard for
 6298  existing educational and ancillary plants and educational
 6299  facilities. The uniform firesafety standards and the alternate
 6300  firesafety evaluation system shall be administered and enforced
 6301  by fire officials certified by the State Fire Marshal under s.
 6302  633.216 633.081. These standards must be used by all public
 6303  agencies when inspecting public educational and ancillary
 6304  plants, and the firesafety standards must be used by county,
 6305  municipal, or independent special fire control district
 6306  inspectors when performing firesafety inspections of public
 6307  educational and ancillary plants and educational facilities. In
 6308  accordance with such standards, each board shall prescribe
 6309  policies and procedures establishing a comprehensive program of
 6310  safety and sanitation for the protection of occupants of public
 6311  educational and ancillary plants. Such policies must contain
 6312  procedures for periodic inspections as prescribed in this
 6313  section or chapter 633 and for withdrawal of any educational and
 6314  ancillary plant, or portion thereof, from use until unsafe or
 6315  unsanitary conditions are corrected or removed.
 6316         (2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
 6317  BOARDS.—
 6318         (c) Under the direction of the fire official appointed by
 6319  the board under s. 1013.371(2), firesafety inspections of each
 6320  educational and ancillary plant located on property owned or
 6321  leased by the board, or other educational facilities operated by
 6322  the board, must be made no sooner than 1 year after issuance of
 6323  a certificate of occupancy and annually thereafter. Such
 6324  inspections shall be made by persons certified by the Division
 6325  of State Fire Marshal under s. 633.216 633.081 to conduct
 6326  firesafety inspections in public educational and ancillary
 6327  plants. The board shall submit a copy of the firesafety
 6328  inspection report to the county, municipality, or independent
 6329  special fire control district providing fire protection services
 6330  to the school facility within 10 business days after the date of
 6331  the inspection. Alternate schedules for delivery of reports may
 6332  be agreed upon between the school district and the county,
 6333  municipality, or independent special fire control district
 6334  providing fire protection services to the site in cases in which
 6335  delivery is impossible due to hurricanes or other natural
 6336  disasters. Regardless, if immediate life-threatening
 6337  deficiencies are noted in the report, the report shall be
 6338  delivered immediately. In addition, the board and any other
 6339  authority conducting the fire safety inspection shall certify to
 6340  the State Fire Marshal that the annual inspection has been
 6341  completed. The certification shall be made electronically or by
 6342  such other means as directed by the State Fire Marshal.
 6343         (6) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
 6344  FACILITIES.—
 6345         (a) Firesafety inspections of public college facilities,
 6346  including charter schools located on board-owned or board-leased
 6347  facilities or otherwise operated by public college boards, shall
 6348  be made in accordance with the Florida Fire Prevention Code, as
 6349  adopted by the State Fire Marshal. Notwithstanding s. 633.202
 6350  633.0215, provisions of the code relating to inspections of such
 6351  facilities are not subject to any local amendments as provided
 6352  by s. 1013.371. Each public college facility shall be inspected
 6353  annually by persons certified under s. 633.216 633.081.
 6354         (c) Firesafety inspections of state universities shall
 6355  comply with the Florida Fire Prevention Code, as adopted by the
 6356  State Fire Marshal under s. 633.202 633.0215.
 6357         Section 160. Paragraphs (a), (b), and (d) of subsection (2)
 6358  and paragraph (a) of subsection (4) of section 1013.38, Florida
 6359  Statutes, are amended to read:
 6360         1013.38 Boards to ensure that facilities comply with
 6361  building codes and life safety codes.—
 6362         (2) In addition to the submission of site plans, boards may
 6363  provide compliance as follows:
 6364         (a) Boards or consortia may individually or cooperatively
 6365  provide review services under the insurance risk management
 6366  oversight through the use of board employees or consortia
 6367  employees registered pursuant to chapter 471, chapter 481, or
 6368  part XII of chapter 468 and firesafety inspectors certified
 6369  under s. 633.216 633.081.
 6370         (b) Boards may elect to review construction documents using
 6371  their own employees registered pursuant to chapter 471, chapter
 6372  481, or part XII of chapter 468 and firesafety inspectors
 6373  certified under s. 633.216 633.081.
 6374         (d) Boards or consortia may contract for plan review
 6375  services directly with engineers and architects registered
 6376  pursuant to chapter 471 or chapter 481 and firesafety inspectors
 6377  certified under s. 633.216 633.081.
 6378         (4)(a) Before the commencement of any new construction,
 6379  renovation, or remodeling, the board shall:
 6380         1. Approve or cause to be approved the construction
 6381  documents and evaluate such documents for compliance with the
 6382  Florida Building Code and the Florida Fire Prevention Code.
 6383         2. Ensure compliance with all applicable firesafety codes
 6384  and standards by contracting with a firesafety inspector
 6385  certified by the State Fire Marshal under s. 633.216 633.081.
 6386         Section 161. This act shall take effect July 1, 2013.