CS for CS for SB 1410                            First Engrossed
       
       
       
       
       
       
       
       
       20131410e1
       
    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         633.514, F.S., relating to Florida Fire Safety Board
  571         duties, meetings, officers, quorum, and compensation;
  572         repealing s. 633.517, F.S.; relating to the authority
  573         of the State Fire Marshal to adopt rules, administer
  574         oaths, and take testimony; repealing s. 633.524, F.S.,
  575         relating to certificate and permit fees assessed under
  576         ch. 633, F.S., and the use and deposit thereof;
  577         repealing s. 633.804, F.S., relating to the adoption
  578         of rules governing firefighter employer and
  579         firefighter employee safety inspections and
  580         consultations; repealing s. 633.808, F.S., relating to
  581         division authority; repealing s. 633.810, F.S.,
  582         relating to workplace safety committees and safety
  583         coordinators; repealing s. 633.813, F.S., relating to
  584         cancellation of an insurance policy for failure to
  585         implement a safety and health program; repealing s.
  586         633.815, F.S., relating to penalties for refusing
  587         entry to a firefighter place of employment for the
  588         purposes of investigations or inspections by the
  589         division; repealing s. 633.819, F.S., relating to
  590         matters within the jurisdiction of the division and
  591         fraudulent acts, penalties, and statute of
  592         limitations; repealing s. 633.820, F.S., relating to
  593         the applicability of specified sections of ch. 633,
  594         F.S., to volunteer firefighters and volunteer fire
  595         departments; amending ss. 112.1815, 112.191, 112.81,
  596         119.071, 120.80, 121.0515, 125.01, 125.01045, 125.56,
  597         166.0446, 175.032, 175.121, 218.23, 252.515, 255.45,
  598         258.0145, 281.02, 384.287, 395.0163, 400.232, 400.915,
  599         429.41, 429.44, 429.73, 447.203, 468.602, 468.609,
  600         489.103, 489.105, 496.404, 509.032, 513.05, 553.73,
  601         553.77, 553.79, 590.02, 627.4107, 893.13, 934.03,
  602         943.61, 1002.33, 1002.34, 1013.12, and 1013.38, F.S.;
  603         conforming cross-references; updating terminology;
  604         providing an effective date.
  605  
  606  Be It Enacted by the Legislature of the State of Florida:
  607  
  608         Section 1. The Division of Law Revision and Information is
  609  directed to create part I of chapter 633, Florida Statutes,
  610  consisting of sections 633.102, 633.104, 633.106, 633.108,
  611  633.112, 633.114, 633.116, 633.118, 633.122, 633.124, 633.126,
  612  633.128, 633.132, 633.134, 633.136, and 633.138, Florida
  613  Statutes, to be entitled “General Provisions.”
  614         Section 2. Section 633.021, Florida Statutes, is
  615  transferred, renumbered as section 633.102, Florida Statutes,
  616  and amended to read:
  617         633.102 633.021 Definitions.—As used in this chapter, the
  618  term:
  619         (1) “Board” means the Florida Fire Safety Board.
  620         (2) “Certificate” means a certificate of competency issued
  621  by the State Fire Marshal.
  622         (3) “Certification” means the act of obtaining or holding a
  623  certificate of competency from the State Fire Marshal.
  624         (2)(4) “Contracting” means engaging in business as a
  625  contractor.
  626         (3)(5)(a) “Contractor I” means a contractor whose business
  627  includes the execution of contracts requiring the ability to lay
  628  out, fabricate, install, inspect, alter, repair, and service all
  629  types of fire protection systems, excluding preengineered
  630  systems.
  631         (b) “Contractor II” means a contractor whose business is
  632  limited to the execution of contracts requiring the ability to
  633  lay out, fabricate, install, inspect, alter, repair, and service
  634  water sprinkler systems, water spray systems, foam-water
  635  sprinkler systems, foam-water spray systems, standpipes,
  636  combination standpipes and sprinkler risers, all piping that is
  637  an integral part of the system beginning at the point of service
  638  as defined in this section, sprinkler tank heaters, air lines,
  639  thermal systems used in connection with sprinklers, and tanks
  640  and pumps connected thereto, excluding preengineered systems.
  641         (c) “Contractor III” means a contractor whose business is
  642  limited to the execution of contracts requiring the ability to
  643  fabricate, install, inspect, alter, repair, and service carbon
  644  dioxide CO2 systems, foam extinguishing systems, dry chemical
  645  systems, and Halon and other chemical systems, excluding
  646  preengineered systems.
  647         (d) “Contractor IV” means a contractor whose business is
  648  limited to the execution of contracts requiring the ability to
  649  lay out, fabricate, install, inspect, alter, repair, and service
  650  automatic fire sprinkler systems for detached one-family
  651  dwellings, detached two-family dwellings, and mobile homes,
  652  excluding preengineered systems and excluding single-family
  653  homes in cluster units, such as apartments, condominiums, and
  654  assisted living facilities or any building that is connected to
  655  other dwellings. A Contractor IV is limited to the scope of
  656  practice specified in NFPA 13D.
  657         (e) “Contractor V” means a contractor whose business is
  658  limited to the execution of contracts requiring the ability to
  659  fabricate, install, inspect, alter, repair, and service the
  660  underground piping for a fire protection system using water as
  661  the extinguishing agent beginning at the point of service as
  662  defined in this act and ending no more than 1 foot above the
  663  finished floor.
  664  
  665  The definitions in this subsection may must not be construed to
  666  include fire protection engineers or architects and do not limit
  667  or prohibit a licensed fire protection engineer or architect
  668  with fire protection design experience from designing any type
  669  of fire protection system. A distinction is made between system
  670  design concepts prepared by the design professional and system
  671  layout as defined in this section and typically prepared by the
  672  contractor. However, a person persons certified as a Contractor
  673  I, Contractor II, or Contractor IV under this chapter may design
  674  fire protection systems of 49 or fewer sprinklers, and may
  675  design the alteration of an existing fire sprinkler system if
  676  the alteration consists of the relocation, addition, or deletion
  677  of not more than 49 sprinklers, notwithstanding the size of the
  678  existing fire sprinkler system. A person certified as a
  679  Contractor I, Contractor II, or Contractor IV may design a fire
  680  protection system the scope of which complies with NFPA 13D,
  681  Standard for the Installation of Sprinkler Systems in One- and
  682  Two-Family Dwellings and Manufactured Homes, as adopted by the
  683  State Fire Marshal, notwithstanding the number of fire
  684  sprinklers. Contractor-developed plans may not be required by
  685  any local permitting authority to be sealed by a registered
  686  professional engineer.
  687         (4) “Department” means the Department of Financial
  688  Services.
  689         (5) “Division” means the Division of State Fire Marshal
  690  within the Department of Financial Services.
  691         (6) “Explosives” means any chemical compound or mixture
  692  that has the property of yielding readily to combustion or
  693  oxidation upon the application of heat, flame, or shock and is
  694  capable of producing an explosion and is commonly used for that
  695  purpose, including but not limited to dynamite, nitroglycerin,
  696  trinitrotoluene, ammonium nitrate when combined with other
  697  ingredients to form an explosive mixture, blasting caps, and
  698  detonators; but the term does not include cartridges for
  699  firearms or fireworks as defined in chapter 791.
  700         (7)(a) “Fire equipment dealer Class A” means a licensed
  701  fire equipment dealer whose business is limited to servicing,
  702  recharging, repairing, installing, or inspecting all types of
  703  fire extinguishers and conducting hydrostatic tests on all types
  704  of fire extinguishers.
  705         (b) “Fire equipment dealer Class B” means a licensed fire
  706  equipment dealer whose business is limited to servicing,
  707  recharging, repairing, installing, or inspecting all types of
  708  fire extinguishers, including recharging carbon dioxide units
  709  and conducting hydrostatic tests on all types of fire
  710  extinguishers, except carbon dioxide units.
  711         (c) “Fire equipment dealer Class C” means a licensed fire
  712  equipment dealer whose business is limited to servicing,
  713  recharging, repairing, installing, or inspecting all types of
  714  fire extinguishers, except recharging carbon dioxide units, and
  715  conducting hydrostatic tests on all types of fire extinguishers,
  716  except carbon dioxide units.
  717         (d) “Fire equipment dealer Class D” means a licensed fire
  718  equipment dealer whose business is limited to servicing,
  719  recharging, repairing, installing, hydrotesting, or inspecting
  720  of all types of preengineered fire extinguishing systems.
  721         (8) A “Fire extinguisher” means is a cylinder that:
  722         (a) Is portable and can be carried or is on wheels.
  723         (b) Is manually operated.
  724         (c) May use a variety of extinguishing agents that are
  725  expelled under pressure.
  726         (d) Is rechargeable or nonrechargeable.
  727         (e) Is installed, serviced, repaired, recharged, inspected,
  728  and hydrotested according to applicable procedures of the
  729  manufacturer, standards of the National Fire Protection
  730  Association, and the Code of Federal Regulations.
  731         (f) Is listed by a nationally recognized testing
  732  laboratory.
  733         (9) “Firefighter” means an individual who holds a current
  734  and valid Firefighter Certificate of Compliance or Special
  735  Certificate of Compliance issued by the division under s.
  736  633.408.
  737         (10)(9)A “Fire hydrant” means is a connection to a water
  738  main, elevated water tank, or other source of water for the
  739  purpose of supplying water to a fire hose or other fire
  740  protection apparatus for fire suppression operations. The term
  741  does not include a fire protection system.
  742         (11)(10)A “Fire protection system” means is a system
  743  individually designed to protect the interior or exterior of a
  744  specific building or buildings, structure, or other special
  745  hazard from fire. Such systems include, but are not limited to,
  746  water sprinkler systems, water spray systems, foam-water
  747  sprinkler systems, foam-water spray systems, carbon dioxide CO2
  748  systems, foam extinguishing systems, dry chemical systems, and
  749  Halon and other chemical systems used for fire protection use.
  750  Such systems also include any overhead and underground fire
  751  mains, fire hydrants and hydrant mains, standpipes and hoses
  752  connected to sprinkler systems, sprinkler tank heaters, air
  753  lines, thermal systems used in connection with fire sprinkler
  754  systems, and tanks and pumps connected to fire sprinkler
  755  systems.
  756         (12)(11)A “Firesafety inspector” means is an individual
  757  who holds a current and valid Fire Safety Inspector Certificate
  758  of Compliance issued certified by the division State Fire
  759  Marshal under s. 633.216 s. 633.081 who is officially assigned
  760  the duties of conducting firesafety inspections of buildings and
  761  facilities on a recurring or regular basis on behalf of the
  762  state or any county, municipality, or special district with fire
  763  safety responsibilities.
  764         (13) “Fire service provider” means a municipality or
  765  county, the state, or any political subdivision of the state,
  766  including authorities and special districts, employing
  767  firefighters or utilizing volunteer firefighters to provide fire
  768  extinguishment or fire prevention services for the protection of
  769  life and property. The term includes any organization under
  770  contract or other agreement with such entity to provide such
  771  services.
  772         (14) “Fire service support personnel” means an individual
  773  who does not hold a current and valid certificate issued by the
  774  division and who may only perform support services.
  775         (15)(12) “Handling” means touching, holding, taking up,
  776  moving, controlling, or otherwise affecting with the hand or by
  777  any other agency.
  778         (13)(a) For the purposes of s. 633.085(1), the term “high
  779  hazard occupancy” means any building or structure:
  780         1. That contains combustible or explosive matter or
  781  flammable conditions dangerous to the safety of life or
  782  property.
  783         2. In which persons receive educational instruction.
  784         3. In which persons reside, excluding private dwellings.
  785         4. Containing three or more floor levels.
  786  
  787  Such buildings or structures include, but are not limited to,
  788  all hospitals and residential health care facilities, nursing
  789  homes and other adult care facilities, correctional or detention
  790  facilities, public schools, public lodging establishments,
  791  migrant labor camps, residential child care facilities, and
  792  self-service gasoline stations.
  793         (b) For the purposes of this subsection, the term “high
  794  hazard occupancy” does not include any residential condominium
  795  where the declaration of condominium or the bylaws provide that
  796  the rental of units shall not be permitted for less than 90
  797  days.
  798         (16)(14) “Highway” means every way or place of whatever
  799  nature within the state open to the use of the public, as a
  800  matter of right, for purposes of vehicular traffic and includes
  801  public streets, alleys, roadways, or driveways upon grounds of
  802  colleges, universities, and institutions and other ways open to
  803  travel by the public, notwithstanding that the same have been
  804  temporarily closed for the purpose of construction,
  805  reconstruction, maintenance, or repair. The term does not
  806  include a roadway or driveway upon grounds owned by a private
  807  person.
  808         (17) “Hot zone” means the area immediately around an
  809  incident where serious threat of harm exists, which includes the
  810  collapse zone for a structure fire.
  811         (18)(15) “Keeping” means possessing, holding, retaining,
  812  maintaining, or having habitually in stock for sale.
  813         (19)(16) “Layout” as used in this chapter means the layout
  814  of risers, cross mains, branch lines, sprinkler heads, sizing of
  815  pipe, hanger locations, and hydraulic calculations in accordance
  816  with the design concepts established through the provisions of
  817  the Responsibility Rules adopted by the Board of Professional
  818  Engineers.
  819         (20)(17) “Manufacture” means the compounding, combining,
  820  producing, or making of anything or the working of anything by
  821  hand, by machinery, or by any other agency into forms suitable
  822  for use.
  823         (21)(18)A “Minimum firesafety standard” means is a
  824  requirement or group of requirements adopted pursuant to s.
  825  633.208 633.025 by a county, municipality, or special district
  826  with firesafety responsibilities, or by the State Fire Marshal
  827  pursuant to s. 394.879, for the protection of life and property
  828  from loss by fire which shall be met, as a minimum, by every
  829  occupancy, facility, building, structure, premises, device, or
  830  activity to which it applies.
  831         (22) “Minimum Standards Course” means training of at least
  832  360 hours as prescribed by rule adopted by the division which is
  833  required to obtain a Firefighter Certificate of Compliance under
  834  s. 633.408.
  835         (23)(19) “Motor vehicle” means any device propelled by
  836  power other than muscular power in, upon, or by which any
  837  individual person or property is or may be transported or drawn
  838  upon a highway, except a device moved or used exclusively upon
  839  stationary rails or tracks.
  840         (24)(20) “Point-of-service” means the point at which the
  841  underground piping for a fire protection system as defined in
  842  this section using water as the extinguishing agent becomes used
  843  exclusively for the fire protection system.
  844         (25)(21)(a) A “Preengineered system” means is a fire
  845  suppression system which:
  846         1. Uses any of a variety of extinguishing agents.
  847         2. Is designed to protect specific hazards.
  848         3. Must be installed according to pretested limitations and
  849  configurations specified by the manufacturer and applicable
  850  National Fire Protection Association (NFPA) standards. Only
  851  those chapters within the National Fire Protection Association
  852  standards which that pertain to servicing, recharging,
  853  repairing, installing, hydrotesting, or inspecting any type of
  854  preengineered fire extinguishing system may be used.
  855         4. Must be installed using components specified by the
  856  manufacturer or components that are listed as equal parts by a
  857  nationally recognized testing laboratory such as Underwriters
  858  Laboratories, Inc., or Factory Mutual Laboratories, Inc.
  859         5. Must be listed by a nationally recognized testing
  860  laboratory.
  861         (b) Preengineered systems consist of and include all of the
  862  components and parts providing fire suppression protection, but
  863  do not include the equipment being protected, and may
  864  incorporate special nozzles, flow rates, methods of application,
  865  pressurization levels, and quantities of agents designed by the
  866  manufacturer for specific hazards.
  867         (26)(22) “Private carrier” means a any motor vehicle,
  868  aircraft, or vessel operating intrastate in which there is
  869  identity of ownership between freight and carrier.
  870         (27)(23) “Sale” means the act of selling; the act whereby
  871  the ownership of property is transferred from one person to
  872  another for a sum of money or, loosely, for any consideration.
  873  The term includes the delivery of merchandise with or without
  874  consideration.
  875         (28)(24) “Special state firesafety inspector” means an
  876  individual officially assigned to the duties of conducting
  877  firesafety inspections required by law on behalf of or by an
  878  agency of the state having authority for inspections other than
  879  the division of State Fire Marshal.
  880         (29)(25)A “Sprinkler system” means is a type of fire
  881  protection system, either manual or automatic, using water as an
  882  extinguishing agent and installed in accordance with applicable
  883  National Fire Protection Association standards.
  884         (30)(26) “Storing” means accumulating, laying away, or
  885  depositing for preservation or as a reserve fund in a store,
  886  warehouse, or other source from which supplies may be drawn or
  887  within which they may be deposited. The term is limited in
  888  meaning and application to storage having a direct relationship
  889  to transportation.
  890         (31) “Support services” means those activities that a fire
  891  service provider has trained an individual to perform safely
  892  outside the hot zone of an emergency scene, including pulling
  893  hoses, opening and closing fire hydrants, driving and operating
  894  apparatus, carrying tools, carrying or moving equipment,
  895  directing traffic, manning a resource pool, or similar
  896  activities.
  897         (32) “Suspension” means the temporary withdrawal of a
  898  license, certificate, or permit issued pursuant to this chapter.
  899         (33)(27) “Transportation” means the conveying or carrying
  900  of property from one place to another by motor vehicle (except a
  901  motor vehicle subject to the provisions of s. 316.302),
  902  aircraft, or vessel, subject to such limitations as are set
  903  forth in s. 552.12, in which only the motor vehicles, aircraft,
  904  or vessels of the Armed Forces and other federal agencies are
  905  specifically exempted.
  906         (34)(28)A “Uniform firesafety standard” means is a
  907  requirement or group of requirements for the protection of life
  908  and property from loss by fire which shall be met by every
  909  building and structure specified in s. 633.206 633.022(1), and
  910  is not neither weakened or nor exceeded by law, rule, or
  911  ordinance of any other state agency or political subdivision or
  912  county, municipality, or special district with firesafety
  913  responsibilities.
  914         (35)(29) “Use” means application, employment; that
  915  enjoyment of property which consists of its employment,
  916  occupation, exercise, or practice.
  917         (36) “Volunteer firefighter” means an individual who holds
  918  a current and valid Volunteer Firefighter Certificate of
  919  Completion issued by the division under s. 633.408.
  920         Section 3. Section 633.01, Florida Statutes, is transferred
  921  and renumbered as section 633.104, Florida Statutes, subsections
  922  (1), (3), (5), (6), and (7) of that section are amended, and
  923  subsections (8) and (9) are added to that section, to read:
  924         633.104 633.01 State Fire Marshal; authority; powers and
  925  duties; rules.—
  926         (1) The Chief Financial Officer is designated as “State
  927  Fire Marshal.” The State Fire Marshal has authority to adopt
  928  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  929  provisions of this chapter conferring powers or duties upon the
  930  department. Rules must shall be in substantial conformity with
  931  generally accepted standards of firesafety; must shall take into
  932  consideration the direct supervision of children in
  933  nonresidential child care facilities; and must shall balance and
  934  temper the need of the State Fire Marshal to protect all
  935  Floridians from fire hazards with the social and economic
  936  inconveniences that may be caused or created by the rules. The
  937  department shall adopt the Florida Fire Prevention Code and the
  938  Life Safety Code.
  939         (3) The State Fire Marshal shall establish by rule
  940  guidelines and procedures for quadrennial triennial renewal of
  941  firesafety inspector requirements for certification.
  942         (5) It is the intent of the Legislature that there are to
  943  be no conflicting requirements between the Florida Fire
  944  Prevention Code and the Life Safety Code authorized by this
  945  chapter and the provisions of the Florida Building Code or
  946  conflicts in their enforcement and interpretation. Potential
  947  conflicts shall be resolved through coordination and cooperation
  948  of the State Fire Marshal and the Florida Building Commission as
  949  provided by this chapter and part IV of chapter 553.
  950         (6) Only the State Fire Marshal may issue, and, when
  951  requested in writing by any substantially affected person or a
  952  local enforcing agency, the State Fire Marshal shall issue
  953  declaratory statements pursuant to s. 120.565 relating to the
  954  Florida Fire Prevention Code and the Life Safety Code.
  955         (7) The State Fire Marshal, in consultation with the
  956  Department of Education, shall adopt and administer rules
  957  prescribing standards for the safety and health of occupants of
  958  educational and ancillary facilities pursuant to ss. 633.206
  959  633.022, 1013.12, 1013.37, and 1013.371. In addition, in any
  960  county, municipality, or special district that does not employ
  961  or appoint a firesafety inspector certified under s. 633.216
  962  633.081, the State Fire Marshal shall assume the duties of the
  963  local county, municipality, or independent special fire control
  964  district as defined in s. 191.003 with respect to firesafety
  965  inspections of educational property required under s.
  966  1013.12(3)(b), and the State Fire Marshal may take necessary
  967  corrective action as authorized under s. 1013.12(7).
  968         (8) The State Fire Marshal or her or his duly appointed
  969  hearing officer may administer oaths and take testimony about
  970  all matters within the jurisdiction of this chapter. Chapter 120
  971  governs hearings conducted by or on behalf of the State Fire
  972  Marshal.
  973         (9) The State Fire Marshal may contract with any qualified
  974  public entity or private company in accordance with chapter 287
  975  to provide examinations for any applicant for any examination
  976  administered under the jurisdiction of the State Fire Marshal.
  977  The State Fire Marshal may direct payments from each applicant
  978  for each examination directly to such contracted entity or
  979  company.
  980         Section 4. Section 633.163, Florida Statutes, is
  981  transferred, renumbered as section 633.106, Florida Statutes,
  982  and amended to read:
  983         633.106 633.163State Fire Marshal; disciplinary authority;
  984  administrative fine and probation in lieu of suspension,
  985  revocation, or refusal to issue a license, permit, or
  986  certificate.—
  987         (1) The State Fire Marshal may deny, suspend, or revoke the
  988  license, certificate, or permit of any individual who does not
  989  meet the qualifications established by, or who violates any
  990  provision under, this chapter or any rule authorized by this
  991  chapter.
  992         (2)(1) If the State Fire Marshal finds that one or more
  993  grounds exist for the suspension, revocation, or refusal to
  994  issue, renew, or continue any license, certificate, or permit
  995  issued under this chapter, the State Fire Marshal may, in its
  996  discretion, in lieu of the suspension, revocation, or refusal to
  997  issue, renew, or continue, and, except on a second offense or
  998  when the suspension, revocation, or refusal to issue, renew, or
  999  continue is mandatory, impose upon the licensee,
 1000  certificateholder, or permittee one or more of the following:
 1001         (a) An administrative fine not to exceed $1,000 for each
 1002  violation, and not to exceed a total of $10,000 in any one
 1003  proceeding.
 1004         (b) Probation for a period not to exceed 2 years, as
 1005  specified by the State Fire Marshal in her or his order.
 1006         (3)(2) The State Fire Marshal may allow the licensee,
 1007  certificateholder, or permittee a reasonable period, not to
 1008  exceed 30 days, within which to pay to the State Fire Marshal
 1009  the amount of the fine. If the licensee, certificateholder, or
 1010  permittee fails to pay the administrative fine in its entirety
 1011  to the State Fire Marshal within such period, the license,
 1012  permit, or certificate shall stand suspended until payment of
 1013  the administrative fine.
 1014         (4) As a condition to probation or in connection therewith,
 1015  the State Fire Marshal may specify in her or his order
 1016  reasonable terms and conditions to be fulfilled by the
 1017  probationer during the probation period. If during the probation
 1018  period the State Fire Marshal has good cause to believe that the
 1019  probationer has violated any of the terms and conditions, she or
 1020  he shall suspend, revoke, or refuse to issue, renew, or continue
 1021  the license, certificate, or permit of the probationer, as upon
 1022  the original ground or grounds referred to in subsection (2).
 1023         Section 5. Section 633.15, Florida Statutes, is transferred
 1024  and renumbered as section 633.108, Florida Statutes.
 1025         Section 6. Section 633.101, Florida Statutes, is
 1026  transferred, renumbered as section 633.112, Florida Statutes,
 1027  and amended to read:
 1028         633.112 633.101State Fire Marshal; hearings;
 1029  investigations; recordkeeping and reports; subpoenas of
 1030  witnesses; orders of circuit court investigatory powers of State
 1031  Fire Marshal; costs of service and witness fees.—
 1032         (1) The State Fire Marshal may in his or her discretion
 1033  take or cause to be taken the testimony on oath of a person all
 1034  persons whom he or she believes to be cognizant of any facts in
 1035  relation to matters under investigation.
 1036         (2) If the State Fire Marshal is shall be of the opinion
 1037  that there is sufficient evidence to charge a any person with an
 1038  offense, he or she must shall cause the arrest of such person
 1039  and must shall furnish to the prosecuting officer of any court
 1040  having jurisdiction of the said offense all information obtained
 1041  by him or her, including a copy of all pertinent and material
 1042  testimony taken, together with the names and addresses of all
 1043  witnesses. In the conduct of such investigations, the State Fire
 1044  Marshal may request such assistance as may reasonably be given
 1045  by such prosecuting officers and other local officials.
 1046         (3) The State Fire Marshal may summon and compel the
 1047  attendance of witnesses before him or her to testify in relation
 1048  to any matter manner which is, by the provisions of this
 1049  chapter, a subject of inquiry and investigation, and he or she
 1050  may require the production of any book, paper, or document
 1051  deemed pertinent thereto by him or her, and may seize furniture
 1052  and other personal property to be held for evidence.
 1053         (4) A person All persons so summoned and so testifying
 1054  shall be entitled to the same witness fees and mileage as
 1055  provided for witnesses testifying in the circuit courts of this
 1056  state, and officers serving subpoenas or orders of the State
 1057  Fire Marshal shall be paid in like manner for like services in
 1058  such courts, from the funds herein provided.
 1059         (5) Any agent designated by the State Fire Marshal for such
 1060  purposes may hold hearings, sign and issue subpoenas, administer
 1061  oaths, examine witnesses, receive evidence, and require by
 1062  subpoena the attendance and testimony of witnesses and the
 1063  production of such accounts, records, memoranda, or other
 1064  evidence, as may be material for the determination of any
 1065  complaint or conducting any inquiry or investigation under this
 1066  chapter. In the case of disobedience to a subpoena, the State
 1067  Fire Marshal or her or his agent may invoke the aid of any court
 1068  of competent jurisdiction in requiring the attendance and
 1069  testimony of witnesses and the production of accounts, records,
 1070  memoranda, or other evidence and any such court may in case of
 1071  refusal to obey a subpoena issued to a person, issue an order
 1072  requiring the person to appear before the State Fire Marshal’s
 1073  agent or produce accounts, records, memoranda, or other
 1074  evidence, as so ordered, or to give evidence touching any matter
 1075  pertinent to any complaint or the subject of any inquiry or
 1076  investigation, and any failure to obey such order of the court
 1077  shall be punished by the court as contempt.
 1078         (6) Upon request, the State Fire Marshal shall investigate
 1079  the cause, origin, and circumstances of fires and explosions
 1080  occurring in this state wherein property has been damaged or
 1081  destroyed and there is probable cause to believe that the fire
 1082  or explosion was the result of carelessness or design.
 1083         (a) Any time a fire or explosion has occurred which results
 1084  in property damage or destruction in any municipality, county,
 1085  or special district having an organized fire department, any
 1086  local fire official whose intent is to request the State Fire
 1087  Marshal to perform an investigation shall make or shall cause to
 1088  be made an initial investigation of the circumstances
 1089  surrounding the cause and origin of the fire or explosion. Law
 1090  enforcement officers may conduct such initial investigation.
 1091         (b) If the fire or explosion occurs in a municipality,
 1092  county, or special district that does not have an organized fire
 1093  department or designated arson investigations unit within its
 1094  law enforcement providers, the municipality, county, or special
 1095  district may request the State Fire Marshal to conduct the
 1096  initial investigation.
 1097         (c) The division shall adopt rules to assist local fire
 1098  officials and law enforcement officers in determining the
 1099  established responsibilities with respect to the initial or
 1100  preliminary assessment of fire and explosion scenes, and the
 1101  determination of whether probable cause exists to refer such
 1102  scenes to the State Fire Marshal for an investigation.
 1103         Section 7. Section 633.111, Florida Statutes, is
 1104  transferred, renumbered as subsections (7) and (8) of section
 1105  633.112, Florida Statutes, and amended to read:
 1106         633.112State Fire Marshal; hearings; investigations;
 1107  recordkeeping and reports; subpoenas of witnesses; orders of
 1108  circuit court investigatory powers of State Fire Marshal; costs
 1109  of service and witness fees.—
 1110         (7) The State Fire Marshal shall keep in her or his office
 1111  a record of all fires and explosions occurring in this state
 1112  upon which she or he had caused an investigation to be made and
 1113  all facts concerning the same. These records, obtained or
 1114  prepared by the State Fire Marshal pursuant to her or his
 1115  investigation, include documents, papers, letters, maps,
 1116  diagrams, tapes, photographs, films, sound recordings, and
 1117  evidence. These records are confidential and exempt from the
 1118  provisions of s. 119.07(1) until the investigation is completed
 1119  or ceases to be active. For purposes of this section, an
 1120  investigation is considered “active” while such investigation is
 1121  being conducted by the department with a reasonable, good faith
 1122  belief that it may lead to the filing of administrative, civil,
 1123  or criminal proceedings. An investigation does not cease to be
 1124  active if the department is proceeding with reasonable dispatch,
 1125  and there is a good faith belief that action may be initiated by
 1126  the department or other administrative or law enforcement
 1127  agency. Further, these documents, papers, letters, maps,
 1128  diagrams, tapes, photographs, films, sound recordings, and
 1129  evidence relative to the subject of an investigation shall not
 1130  be subject to subpoena until the investigation is completed or
 1131  ceases to be active, unless the State Fire Marshal consents.
 1132  These records shall be made daily from the reports furnished the
 1133  State Fire Marshal by her or his agents or others.
 1134         (8) Whenever the State Fire Marshal releases an
 1135  investigative report, any person requesting a copy of the report
 1136  shall pay in advance, and the State Fire Marshal shall collect
 1137  in advance, notwithstanding the provisions of s. 624.501(19)(a)
 1138  and (b), a fee of $10 for the copy of the report, which fee
 1139  shall be deposited into the Insurance Regulatory Trust Fund. The
 1140  State Fire Marshal may release the report without charge to any
 1141  state attorney or to any law enforcement agency or fire
 1142  department assisting in the investigation.
 1143         Section 8. Section 633.02, Florida Statutes, is
 1144  transferred, renumbered as section 633.114, Florida Statutes,
 1145  and amended to read:
 1146         633.114 633.02State Fire Marshal agents Agents; authority;
 1147  powers and duties; compensation.—
 1148         (1) The State Fire Marshal shall appoint such agents as may
 1149  be necessary to carry out effectively the provisions of this
 1150  chapter, who shall be reimbursed for travel expenses as provided
 1151  in s. 112.061, in addition to their salary, when traveling or
 1152  making investigations in the performance of their duties. Such
 1153  agents shall be at all times under the direction and control of
 1154  the State Fire Marshal, who shall fix their compensation, and
 1155  all orders shall be issued in the State Fire Marshal’s name and
 1156  by her or his authority.
 1157         (2) The authority given the State Fire Marshal under this
 1158  chapter may be exercised by her or his agents, individually or
 1159  in conjunction with any other state or local official charged
 1160  with similar responsibilities.
 1161         Section 9. Section 633.14, Florida Statutes, is transferred
 1162  and renumbered as section 633.116, Florida Statutes.
 1163         Section 10. Section 633.121, Florida Statutes, is
 1164  transferred, renumbered as section 633.118, Florida Statutes,
 1165  and amended to read:
 1166         633.118 633.121 Persons authorized to enforce laws and
 1167  rules of State Fire Marshal.—The chiefs of county, municipal,
 1168  and special-district fire service providers departments; other
 1169  fire service provider department personnel designated by their
 1170  respective chiefs; and personnel designated by local governments
 1171  having no organized fire service providers departments are
 1172  authorized to enforce this chapter law and all rules prescribed
 1173  by the State Fire Marshal within their respective jurisdictions.
 1174  Such personnel acting under the authority of this section shall
 1175  be deemed to be agents of their respective jurisdictions, not
 1176  agents of the State Fire Marshal.
 1177         Section 11. Section 633.151, Florida Statutes, is
 1178  transferred, renumbered as section 633.122, Florida Statutes,
 1179  and amended to read:
 1180         633.122 633.151 Impersonating State Fire Marshal,
 1181  firefighter firefighters, volunteer firefighter, or firesafety
 1182  inspector; criminal penalties.—A person who falsely assumes or
 1183  pretends to be the State Fire Marshal, an agent of the division
 1184  of State Fire Marshal, a firefighter as defined in s. 112.81, a
 1185  volunteer firefighter, or a firesafety inspector by identifying
 1186  herself or himself as the State Fire Marshal, an agent of the
 1187  division, a firefighter, a volunteer firefighter, or a
 1188  firesafety inspector by wearing a uniform or presenting or
 1189  displaying a badge as credentials that would cause a reasonable
 1190  person to believe that she or he is a State Fire Marshal, an
 1191  agent of the division, a firefighter, a volunteer firefighter,
 1192  or firesafety inspector commits and who acts as such to require
 1193  a person to aid or assist him or her in any matter relating to
 1194  the duties of the State Fire Marshal, an agent of the division,
 1195  a firefighter, or a firesafety inspector is guilty of a felony
 1196  of the third degree, punishable as provided in ss. 775.082 and
 1197  775.083 or, if the impersonation occurs during the commission of
 1198  a separate felony by that person, commits is guilty of a felony
 1199  of the first degree, punishable as provided in ss. 775.082 and
 1200  775.083.
 1201         Section 12. Section 633.171, Florida Statutes, is
 1202  transferred and renumbered as section 633.124, Florida Statutes,
 1203  and subsections (1) and (2) and paragraph (b) of subsection (3)
 1204  of that section are amended, to read:
 1205         633.124 633.171 Penalty for violation of law, rule, or
 1206  order to cease and desist or for failure to comply with
 1207  corrective order.—
 1208         (1) A Any person who violates any provision of this chapter
 1209  law, any order or rule of the State Fire Marshal, or any order
 1210  to cease and desist or to correct conditions issued under this
 1211  chapter commits a misdemeanor of the second degree, punishable
 1212  as provided in s. 775.082 or s. 775.083.
 1213         (2) It is a misdemeanor of the first degree, punishable as
 1214  provided in s. 775.082 or s. 775.083, to intentionally or
 1215  willfully:
 1216         (a) Render a fire protection system, fire extinguisher, or
 1217  preengineered system required by statute or by rule inoperative
 1218  except while during such time as the fire protection system,
 1219  fire extinguisher, or preengineered system is being serviced,
 1220  hydrotested, tested, repaired, or recharged, except pursuant to
 1221  court order.
 1222         (b) Obliterate the serial number on a fire extinguisher for
 1223  purposes of falsifying service records.
 1224         (c) Improperly service, recharge, repair, hydrotest, test,
 1225  or inspect a fire extinguisher or preengineered system.
 1226         (d) Use the license, certificate, or permit number of
 1227  another person.
 1228         (e) Hold a license, certificate, or permit and allow
 1229  another person to use the license, certificate, or said permit
 1230  number.
 1231         (f) Use, or allow permit the use of, any license,
 1232  certificate, or permit by any individual or organization other
 1233  than the one to whom the license, certificate, or permit is
 1234  issued.
 1235         (3)
 1236         (b) A person who initiates a pyrotechnic display within any
 1237  structure commits a felony of the third degree, punishable as
 1238  provided in s. 775.082, s. 775.083, or s. 775.084, unless:
 1239         1. The structure has a fire protection system installed in
 1240  compliance with s. 633.334 633.065.
 1241         2. The owner of the structure has authorized in writing the
 1242  pyrotechnic display.
 1243         3. If the local jurisdiction requires a permit for the use
 1244  of a pyrotechnic display in an occupied structure, such permit
 1245  has been obtained and all conditions of the permit complied with
 1246  or, if the local jurisdiction does not require a permit for the
 1247  use of a pyrotechnic display in an occupied structure, the
 1248  person initiating the display has complied with National Fire
 1249  Protection Association, Inc., Standard 1126, 2001 Edition,
 1250  Standard for the Use of Pyrotechnics before a Proximate
 1251  Audience.
 1252         Section 13. Section 633.175, Florida Statutes, is
 1253  transferred and renumbered as section 633.126, Florida Statutes,
 1254  and subsections (1), (2), (3), (6), and (9) of that section are
 1255  amended, to read:
 1256         633.126 633.175 Investigation of fraudulent insurance
 1257  claims and crimes; immunity of insurance companies supplying
 1258  information.—
 1259         (1)(a) As used in this section, the term “consultant” means
 1260  any individual or entity, or employee of the individual or
 1261  entity, retained by an insurer to assist in the investigation of
 1262  a fire, explosion, or suspected fraudulent insurance act.
 1263         (b) The State Fire Marshal or an agent appointed pursuant
 1264  to s. 633.114 633.02, any law enforcement officer as defined in
 1265  s. 111.065, any law enforcement officer of a federal agency, or
 1266  any fire service provider department official who is engaged in
 1267  the investigation of a fire or explosion loss may request any
 1268  insurance company or its agent, adjuster, employee, or attorney,
 1269  investigating a claim under an insurance policy or contract with
 1270  respect to a fire or explosion to release any information
 1271  whatsoever in the possession of the insurance company or its
 1272  agent, adjuster, employee, or attorney relative to a loss from
 1273  that fire or explosion. The insurance company shall release the
 1274  available information to and cooperate with any official
 1275  authorized to request such information pursuant to this section.
 1276  The information shall include, but shall not be limited to:
 1277         1.(a) Any insurance policy relevant to a loss under
 1278  investigation and any application for such a policy.
 1279         2.(b) Any policy premium payment records.
 1280         3.(c) The records, reports, and all material pertaining to
 1281  any previous claims made by the insured with the reporting
 1282  company.
 1283         4.(d) Material relating to the investigation of the loss,
 1284  including statements of a any person, proof of loss, and other
 1285  relevant evidence.
 1286         5.(e) Memoranda, notes, and correspondence relating to the
 1287  investigation of the loss in the possession of the insurance
 1288  company or its agents, adjusters, employees, or attorneys.
 1289         (2) If an insurance company has reason to suspect that a
 1290  fire or explosion loss to its insured’s real or personal
 1291  property was caused by intentional incendiary means, the company
 1292  shall notify the State Fire Marshal and shall furnish her or him
 1293  with all material acquired by the company during the course of
 1294  its investigation. The State Fire Marshal may adopt rules to
 1295  implement this subsection.
 1296         (3) In the absence of fraud, bad faith, or malice, a no
 1297  representative of or consultant to an insurance company or of
 1298  the National Insurance Crime Bureau employed to adjust or
 1299  investigate losses caused by fire or explosion is not shall be
 1300  liable for damages in a civil action for furnishing information
 1301  concerning fires or explosion suspected to be other than
 1302  accidental to investigators employed by other insurance
 1303  companies or the National Insurance Crime Bureau.
 1304         (6) The actions of an insurance company or of its agents,
 1305  employees, adjusters, consultants, or attorneys, in complying
 1306  with the statutory obligation of this section may not shall in
 1307  no way be construed by a court as a waiver or abandonment of any
 1308  privilege or confidentiality of attorney work product, attorney
 1309  client communication, or such other privilege or immunity as is
 1310  provided by law.
 1311         (9) A Any person who willfully violates the provisions of
 1312  this section commits is guilty of a misdemeanor of the first
 1313  degree, punishable as provided in s. 775.082 or s. 775.083.
 1314         Section 14. Section 633.45, Florida Statutes, is
 1315  transferred, renumbered as section 633.128, Florida Statutes,
 1316  and amended to read:
 1317         633.128 633.45 Division of State Fire Marshal; powers,
 1318  duties.—
 1319         (1) The division shall:
 1320         (a) Establish, by rule, uniform minimum standards for the
 1321  employment and training of firefighters and volunteer
 1322  firefighters.
 1323         (b) Establish, by rule, minimum curriculum requirements and
 1324  criteria used to approve education or training providers,
 1325  including for schools operated by or for any fire service
 1326  provider, employing agency for the specific purpose of training
 1327  individuals seeking to become a firefighter recruits or
 1328  volunteer firefighter firefighters.
 1329         (c) Specify, by rule, standards for the approval, denial of
 1330  approval, probation, suspension, and revocation of approval of
 1331  education or training providers and facilities for training
 1332  firefighters and volunteer firefighters Approve institutions,
 1333  instructors, and facilities for school operation by or for any
 1334  employing agency for the specific purpose of training
 1335  firefighters and firefighter recruits.
 1336         (d) Specify, by rule, standards for the certification,
 1337  denial of certification, probation, and revocation of
 1338  certification for instructors, approval, denial of approval,
 1339  probation, and revocation of approval of institutions,
 1340  instructors, and facilities for training firefighters and
 1341  firefighter recruits; including a rule requiring each that an
 1342  instructor to must complete 40 hours of continuing education
 1343  every 4 3 years in order to maintain her or his certification
 1344  the approval of the department.
 1345         (e) Issue certificates of competency to persons who, by
 1346  reason of experience and completion of basic inservice training,
 1347  advanced education, or specialized training, are especially
 1348  qualified for particular aspects or classes of firefighting
 1349  firefighter duties.
 1350         (f) Establish, by rule, minimum training qualifications for
 1351  persons serving as firesafety coordinators for their respective
 1352  departments of state government and certify all persons who
 1353  satisfy such qualifications.
 1354         (g) Establish a uniform lesson plan to be followed by
 1355  firesafety instructors in the training of state employees in
 1356  firesafety and emergency evacuation procedures.
 1357         (h) Have complete jurisdiction over, and complete
 1358  management and control of, the Florida State Fire College and be
 1359  invested with full power and authority to make all rules and
 1360  regulations necessary for the governance of the said
 1361  institution.
 1362         (i) Appoint a superintendent of the Florida State Fire
 1363  College and such other instructors, experimental helpers, and
 1364  laborers as may be necessary and remove the same as in the
 1365  division’s its judgment and discretion may be best, fix their
 1366  compensation, and provide for their payment.
 1367         (j) Have full management, possession, and control of the
 1368  lands, buildings, structures, and property belonging to the
 1369  Florida State Fire College.
 1370         (k) Provide for the courses of study and curriculum of the
 1371  Florida State Fire College.
 1372         (l) Make rules and regulations for the admission of
 1373  trainees to the Florida State Fire College.
 1374         (m) Visit and inspect the Florida State Fire College and
 1375  every department thereof and provide for the proper keeping of
 1376  accounts and records thereof.
 1377         (n) Make and prepare all necessary budgets of expenditures
 1378  for the enlargement, proper furnishing, maintenance, support,
 1379  and conduct of the Florida State Fire College.
 1380         (o) Select and purchase all property, furniture, fixtures,
 1381  and paraphernalia necessary for the Florida State Fire College.
 1382         (p) Build, construct, change, enlarge, repair, and maintain
 1383  any and all buildings or structures of the Florida State Fire
 1384  College that may at any time be necessary for the said
 1385  institution and purchase and acquire all lands and property
 1386  necessary for same, of every nature and description whatsoever.
 1387         (q) Care for and maintain the Florida State Fire College
 1388  and do and perform every other matter or thing requisite to the
 1389  proper management, maintenance, support, and control of the said
 1390  institution, necessary or requisite to carry out fully the
 1391  purpose of this chapter act and for raising it to, and
 1392  maintaining it at, the proper efficiency and standard as
 1393  required in and by part IV the provisions of ss. 633.43-633.49.
 1394         (r) Issue a license, certificate, or permit of a specific
 1395  class to an individual who successfully completes the training,
 1396  education, and examination required under this chapter or by
 1397  rule for such class of license, certificate, or permit.
 1398         (2) The division, subject to the limitations and
 1399  restrictions elsewhere herein imposed in this chapter, may:
 1400         (a) Adopt rules and regulations for the administration of
 1401  this chapter ss. 633.30-633.49 pursuant to chapter 120.
 1402         (b) Adopt a seal and alter the same at its pleasure.
 1403         (c) Sue and be sued.
 1404         (d) Acquire any real or personal property by purchase,
 1405  gift, or donation, and have water rights.
 1406         (e) Exercise the right of eminent domain to acquire any
 1407  property and lands necessary to the establishment, operation,
 1408  and expansion of the Florida State Fire College.
 1409         (f) Make contracts and execute necessary or convenient
 1410  instruments.
 1411         (g) Undertake by contract or contracts, or by its own agent
 1412  and employees, and otherwise than by contract, any project or
 1413  projects, and operate and maintain such projects.
 1414         (h) Accept grants of money, materials, or property of any
 1415  kind from a federal agency, private agency, county,
 1416  municipality, city, town, corporation, partnership, or
 1417  individual upon such terms and conditions as the grantor may
 1418  impose.
 1419         (i) Perform all acts and do all things necessary or
 1420  convenient to carry out the powers granted herein and the
 1421  purposes of this chapter ss. 633.30-633.49.
 1422         (3) The title to all property referred to in part IV ss.
 1423  633.43-633.49, however acquired, shall be vested in the
 1424  department and shall only be transferred and conveyed by it.
 1425         Section 15. Section 633.132, Florida Statutes, is created
 1426  to read:
 1427         633.132 Fees.—
 1428         (1) The division shall collect in advance the following
 1429  fees that it deems necessary to be charged:
 1430         (a) Pursuant to part III of this chapter:
 1431         1. Contractor certificate initial application: $300 for
 1432  each class of certificate.
 1433         2. Contractor biennial renewal fee: $150 for each class of
 1434  certificate.
 1435         3. Contractor permit initial application fee: $100 for each
 1436  class of permit.
 1437         4. Contractor permit biennial renewal fee: $50 for each
 1438  class of permit.
 1439         5. Contractor examination or reexamination fee: $100 for
 1440  each class of certificate.
 1441         6. Fire equipment dealer license:
 1442         a. Class A: $250.
 1443         b. Class B: $150.
 1444         c. Class C: $150.
 1445         d. Class D: $200.
 1446         7. Fire equipment dealer or contractor application and
 1447  renewal fee for an inactive license: $75.
 1448         8. Fire equipment dealer license or permit exam or
 1449  reexamination: $50.
 1450         9. Reinspection fee for a dealer equipment inspection
 1451  conducted by the State Fire Marshal under s. 633.304(1): $50 for
 1452  each reinspection.
 1453         10. Permit for a portable fire extinguisher
 1454  installer/repairer/inspector: $90.
 1455         11. Permit for a preengineered fire extinguishing system
 1456  installer/repairer/inspector: $120.
 1457         12. Conversion of a fire equipment dealer’s license to a
 1458  different category: $10 for each permit and license.
 1459         (b) Pursuant to part IV of this chapter:
 1460         1. Certificate of compliance: $30.
 1461         2. Certificate of competency: $30.
 1462         3. Renewal fee for a certificate of compliance, competency,
 1463  or instruction: $15.
 1464         (c) Duplicate or change of address for any license, permit,
 1465  or certificate: $10.
 1466         (2) All moneys collected by the State Fire Marshal pursuant
 1467  to this chapter shall be deposited into the Insurance Regulatory
 1468  Trust Fund.
 1469         Section 16. Section 633.39, Florida Statutes, is
 1470  transferred and renumbered as section 633.134, Florida Statutes.
 1471         Section 17. Section 633.115, Florida Statutes, is
 1472  transferred, renumbered as section 633.136, Florida Statutes,
 1473  and amended to read:
 1474         633.136 633.115 Fire and Emergency Incident Information
 1475  Reporting Program; duties; fire reports.—
 1476         (1)(a) The Fire and Emergency Incident Information
 1477  Reporting Program is created within the division of State Fire
 1478  Marshal. The program shall:
 1479         1. Establish and maintain an electronic communication
 1480  system capable of transmitting fire and emergency incident
 1481  information to and between fire protection agencies.
 1482         2. Initiate a Fire and Emergency Incident Information
 1483  Reporting System that shall be responsible for:
 1484         a. Receiving fire and emergency incident information from
 1485  fire protection agencies.
 1486         b. Preparing and disseminating annual reports to the
 1487  Governor, the President of the Senate, the Speaker of the House
 1488  of Representatives, fire protection agencies, and, upon request,
 1489  the public. Each report shall include, but not be limited to,
 1490  the information listed in the National Fire Incident Reporting
 1491  System.
 1492         c. Upon request, providing other states and federal
 1493  agencies with fire and emergency incident data of this state.
 1494         3. Adopt rules to effectively and efficiently implement,
 1495  administer, manage, maintain, and use the Fire and Emergency
 1496  Incident Information Reporting Program. The rules shall be
 1497  considered minimum requirements and shall not preclude a fire
 1498  protection agency from implementing its own requirements which
 1499  may shall not conflict with the rules of the division of State
 1500  Fire Marshal.
 1501         4. By rule, establish procedures and a format for each fire
 1502  protection agency to voluntarily monitor its records and submit
 1503  reports to the program.
 1504         5. Establish an electronic information database that which
 1505  is accessible and searchable by fire protection agencies.
 1506         (b) The division of State Fire Marshal shall consult with
 1507  the Florida Forest Service of the Department of Agriculture and
 1508  Consumer Services and the State Surgeon General of the
 1509  Department of Health to coordinate data, ensure accuracy of the
 1510  data, and limit duplication of efforts in data collection,
 1511  analysis, and reporting.
 1512         (2) The Fire and Emergency Incident Information System
 1513  Technical Advisory Panel is created within the division of State
 1514  Fire Marshal. The panel shall advise, review, and recommend to
 1515  the State Fire Marshal with respect to the requirements of this
 1516  section. The membership of the panel shall consist of the
 1517  following 15 members:
 1518         (a) The current 13 members of the Firefighters Employment,
 1519  Standards, and Training Council as established in s. 633.402
 1520  633.31.
 1521         (b) One member from the Florida Forest Service of the
 1522  Department of Agriculture and Consumer Services, appointed by
 1523  the director of the Florida Forest Service.
 1524         (c) One member from the Department of Health, appointed by
 1525  the State Surgeon General.
 1526         (3) For the purpose of this section, the term “fire
 1527  protection agency” shall be defined by rule by the division of
 1528  State Fire Marshal.
 1529         Section 18. Section 633.138, Florida Statutes, is created
 1530  to read:
 1531         633.138 Notice of change of address of record; notice of
 1532  felony actions.—
 1533         (1) Any individual issued a license, permit, or certificate
 1534  under this chapter shall notify the division in writing of any
 1535  changes to her or his current mailing address, e-mail address,
 1536  and place of practice as specified in rule adopted by the
 1537  division.
 1538         (2) Notwithstanding any other provision of law, delivery by
 1539  regular mail or e-mail to a licensee, permittee, or
 1540  certificateholder, using the last known mailing address or e
 1541  mail address on record with the division, constitutes adequate
 1542  and sufficient notice to the licensee, permittee, or
 1543  certificateholder of any official communication by the division.
 1544         (3) Any individual issued a license, permit, or certificate
 1545  under this chapter shall notify the division in writing within
 1546  30 days after pleading guilty or nolo contendere to, or being
 1547  convicted or found guilty of, any felony or a crime punishable
 1548  by imprisonment of 1 year or more under the law of the United
 1549  States or of any state thereof, or under the law of any other
 1550  country, without regard to whether a judgment of conviction has
 1551  been entered by the court having jurisdiction of the case.
 1552         Section 19. Section 633.042, Florida Statutes, is
 1553  transferred and renumbered as section 633.142, Florida Statutes,
 1554  and subsection (11) of that section is amended, to read:
 1555         633.142 633.042 Reduced Cigarette Ignition Propensity
 1556  Standard and Firefighter Protection Act; preemption.—
 1557         (11) PREEMPTION.—
 1558         (a) This section shall be repealed if a federal reduced
 1559  cigarette ignition propensity standard that preempts this
 1560  section is adopted and becomes effective.
 1561         (b)Notwithstanding any other provision of law, local
 1562  governmental units of this state may not enact or enforce any
 1563  ordinance or other local law or rule conflicting with, or
 1564  preempted by, any provision of this act or any policy of this
 1565  state expressed by this act, whether that policy be expressed by
 1566  inclusion of a provision in this act or by exclusion of that
 1567  subject from this act.
 1568         Section 20. The Division of Law Revision and Information is
 1569  requested to create part II of chapter 633, Florida Statutes,
 1570  consisting of sections 633.202, 633.204, 633.206, 633.208,
 1571  633.212, 633.214, 633.216, 633.218, 633.222, 633.224, 633.226,
 1572  and 633.228, Florida Statutes, to be entitled “Fire Safety and
 1573  Prevention.”
 1574         Section 21. Section 633.0215, Florida Statutes, is
 1575  transferred and renumbered as section 633.202, Florida Statutes,
 1576  and subsections (2), (4), (7), (9), (10), and (12) through (15)
 1577  of that section are amended, to read:
 1578         633.202 633.0215 Florida Fire Prevention Code.—
 1579         (2) The State Fire Marshal shall adopt the current edition
 1580  of the National Fire Protection Association’s Standard 1, Fire
 1581  Prevention Code but may shall not adopt a building, mechanical,
 1582  or plumbing code. The State Fire Marshal shall adopt the current
 1583  edition of the Life Safety Code, NFPA Pamphlet 101, current
 1584  editions, by reference. The State Fire Marshal may modify the
 1585  selected codes and standards as needed to accommodate the
 1586  specific needs of the state. Standards or criteria in the
 1587  selected codes shall be similarly incorporated by reference. The
 1588  State Fire Marshal shall incorporate within sections of the
 1589  Florida Fire Prevention Code provisions that address uniform
 1590  firesafety standards as established in s. 633.206 633.022. The
 1591  State Fire Marshal shall incorporate within sections of the
 1592  Florida Fire Prevention Code provisions addressing regional and
 1593  local concerns and variations.
 1594         (4) The State Fire Marshal shall update, by rule adopted
 1595  pursuant to ss. 120.536(1) and 120.54, the Florida Fire
 1596  Prevention Code every 3 years. Once initially adopted and
 1597  subsequently updated, the Florida Fire Prevention Code and the
 1598  Life Safety Code shall be adopted for use statewide without
 1599  adoptions by local governments. When updating the Florida Fire
 1600  Prevention Code and the most recent edition of the Life Safety
 1601  Code, the State Fire Marshal shall consider changes made by the
 1602  national model fire codes incorporated into the Florida Fire
 1603  Prevention Code, the State Fire Marshal’s own interpretations,
 1604  declaratory statements, appellate decisions, and approved
 1605  statewide and local technical amendments.
 1606         (7) Any local amendment adopted by a local government must
 1607  strengthen the Fire Prevention Code requirements of the minimum
 1608  firesafety code.
 1609         (9) The State Fire Marshal shall make rules that implement
 1610  this section and ss. 633.104 and 633.208 633.01 and 633.025 for
 1611  the purpose of accomplishing the objectives set forth in those
 1612  sections.
 1613         (10) Notwithstanding other provisions of this chapter, if a
 1614  county or a municipality within that county adopts an ordinance
 1615  providing for a local amendment to the Florida Fire Prevention
 1616  Code and that amendment provides a higher level of protection to
 1617  the public than the level specified in the Florida Fire
 1618  Prevention Code, the local amendment becomes effective without
 1619  approval of the State Fire Marshal and is not rescinded pursuant
 1620  to the provisions of this section, provided that the ordinance
 1621  meets one or more of the following criteria:
 1622         (a) The local authority has adopted, by ordinance, a fire
 1623  service facilities and operation plan that outlines goals and
 1624  objectives for related equipment, personnel, and capital
 1625  improvement needs of the local authority related to the specific
 1626  amendment for the next 5 years;
 1627         (b) The local authority has adopted, by ordinance, a
 1628  provision requiring proportionate reduction in, or rebate or
 1629  waivers of, impact or other fees or assessments levied on
 1630  buildings that are built or modified in compliance with the more
 1631  stringent firesafety standards required by the local amendment;
 1632  or
 1633         (c) The local authority has adopted, by ordinance, a growth
 1634  management plan that requires buildings and structures to be
 1635  equipped with more stringent firesafety requirements required by
 1636  the local amendment when these firesafety requirements are used
 1637  as the basis for planning infrastructure development, uses, or
 1638  housing densities.
 1639  
 1640  Except as provided in s. 633.206 633.022, the local appeals
 1641  process shall be the venue if there is a dispute between parties
 1642  affected by the provisions of the more stringent local
 1643  firesafety amendment adopted as part of the Florida Fire
 1644  Prevention Code pursuant to the authority in this subsection.
 1645  Local amendments adopted pursuant to this subsection shall be
 1646  deemed local or regional variations and published as such in the
 1647  Florida Fire Prevention Code. The act of publishing locally
 1648  adopted firesafety amendments to the Florida Fire Prevention
 1649  Code may shall not be construed to mean that the State Fire
 1650  Marshal approves or denies the authenticity or appropriateness
 1651  of the locally adopted firesafety provision, and the burden of
 1652  protecting the local firesafety amendment remains solely with
 1653  the adopting local governmental authority.
 1654         (12) Notwithstanding other provisions of this section, the
 1655  State Fire Marshal shall study the use of managed, facilities
 1656  based, voice-over-Internet-protocol telephone service for
 1657  monitoring fire alarm signals. If the study determines that
 1658  voice-over-Internet-protocol telephone service technology
 1659  provides a level of protection equivalent to that required by
 1660  NFPA 72: National Fire Alarm Code, the State Fire Marshal shall
 1661  initiate rulemaking pursuant to ss. 120.536(1) and 120.54 by
 1662  December 1, 2008, to allow the use of this technology as an
 1663  additional method of monitoring fire alarm systems.
 1664         (12)(13)(a) The State Fire Marshal shall issue an expedited
 1665  declaratory statement relating to interpretations of provisions
 1666  of the Florida Fire Prevention Code according to the following
 1667  guidelines:
 1668         1. The declaratory statement shall be rendered in
 1669  accordance with s. 120.565, except that a final decision must be
 1670  issued by the State Fire Marshal within 45 days after the
 1671  division’s receipt of a petition seeking an expedited
 1672  declaratory statement. The State Fire Marshal shall give notice
 1673  of the petition and the expedited declaratory statement or the
 1674  denial of the petition in the next available issue of the
 1675  Florida Administrative Register Weekly after the petition is
 1676  filed and after the statement or denial is rendered.
 1677         2. The petitioner must be the owner of the disputed project
 1678  or the owner’s representative.
 1679         3. The petition for an expedited declaratory statement must
 1680  be:
 1681         a. Related to an active project that is under construction
 1682  or must have been submitted for a permit.
 1683         b. The subject of a written notice citing a specific
 1684  provision of the Florida Fire Prevention Code which is in
 1685  dispute.
 1686         c. Limited to a single question that is capable of being
 1687  answered with a “yes” or “no” response.
 1688         (b) A petition for a declaratory statement which does not
 1689  meet all of the requirements of this subsection must be denied
 1690  without prejudice. This subsection does not affect the right of
 1691  the petitioner as a substantially affected person to seek a
 1692  declaratory statement under s. 633.104(6) 633.01(6).
 1693         (13)(14) A condominium, cooperative, or multifamily
 1694  residential building that is less than four stories in height
 1695  and has an exterior corridor providing a means of egress is
 1696  exempt from installing a manual fire alarm system as required in
 1697  s. 9.6 of the most recent edition of the Life Safety Code
 1698  adopted in the Florida Fire Prevention Code. This is intended to
 1699  clarify existing law.
 1700         (14)(15) The Legislature finds that the electronic filing
 1701  of construction plans will increase governmental efficiency,
 1702  reduce costs, and increase timeliness of processing permits. If
 1703  the fire code administrator or fire official provides for
 1704  electronic filing, any construction plans, drawings,
 1705  specifications, reports, final documents, or documents prepared
 1706  or issued by a licensee may be dated and electronically signed
 1707  and sealed by the licensee in accordance with part I of chapter
 1708  668, and may be transmitted electronically to the fire code
 1709  administrator or fire official for approval.
 1710         Section 22. Section 633.72, Florida Statutes, is
 1711  transferred, renumbered as section 633.204, Florida Statutes,
 1712  and amended to read:
 1713         633.204 633.72 Florida Fire Code Advisory Council.—
 1714         (1) There is created within the department the Florida Fire
 1715  Code Advisory Council with 11 members appointed by the State
 1716  Fire Marshal. The council shall advise and recommend to the
 1717  State Fire Marshal changes to and interpretation of the uniform
 1718  firesafety standards adopted under s. 633.206 633.022, the
 1719  Florida Fire Prevention Code, and those portions of the Florida
 1720  Fire Prevention Code that have the effect of conflicting with
 1721  building construction standards that are adopted pursuant to ss.
 1722  633.202 and 633.206 633.0215 and 633.022. The members of the
 1723  council shall represent the following groups and professions:
 1724         (a) One member shall be the State Fire Marshal, or his or
 1725  her designated appointee who shall be an administrative employee
 1726  of the marshal.;
 1727         (b) One member shall be an administrative officer from a
 1728  fire department representing a municipality, or a county, or a
 1729  special district selected from a list of persons submitted by
 1730  the Florida Fire Chiefs Association.;
 1731         (c) One member shall be an architect licensed in the state
 1732  selected from a list of persons submitted by the Florida
 1733  Association/American Institute of Architects.;
 1734         (d) One member shall be an engineer with fire protection
 1735  design experience registered to practice in the state selected
 1736  from a list of persons submitted by the Florida Engineering
 1737  Society.;
 1738         (e) One member shall be an administrative officer from a
 1739  building department of a county or municipality selected from a
 1740  list of persons submitted by the Building Officials Association
 1741  of Florida.;
 1742         (f) One member shall be a contractor licensed in the state
 1743  selected from a list submitted by the Florida Home Builders
 1744  Association.;
 1745         (g) One member shall be a Florida certified firefighter
 1746  selected from a list submitted by the Florida Professional
 1747  Firefighters’ Association.;
 1748         (h) One member shall be a Florida certified firesafety
 1749  municipal fire inspector selected from a list submitted by the
 1750  Florida Fire Marshals’ and Inspectors’ Marshal’s Association.;
 1751         (i) One member shall be selected from a list submitted by
 1752  the Department of Education.;
 1753         (j) One member shall be selected from a list submitted by
 1754  the Chancellor of the State University System.; and
 1755         (k) One member shall be representative of the general
 1756  public.
 1757         (2) The State Fire Marshal and the Florida Building
 1758  Commission shall coordinate efforts to provide consistency
 1759  between the Florida Building Code and the Florida Fire
 1760  Prevention Code and the Life Safety Code.
 1761         (3) The council shall meet at least semiannually to advise
 1762  the State Fire Marshal’s Office on matters subject to this
 1763  section.
 1764         (4) The council may review proposed changes to the Florida
 1765  Fire Prevention Code and the uniform firesafety standards
 1766  pursuant to s. 633.202(4).
 1767         (5)(3) The council and Florida Building Commission shall
 1768  cooperate through joint representation and coordination of codes
 1769  and standards to resolve conflicts in their development,
 1770  updating, and interpretation.
 1771         (6)(4) Each appointee shall serve a 4-year term. No member
 1772  shall serve more than two consecutive terms. A No member of the
 1773  council may not shall be paid a salary as such member, but each
 1774  shall receive travel and expense reimbursement as provided in s.
 1775  112.061.
 1776         Section 23. Section 633.022, Florida Statutes, is
 1777  transferred and renumbered as section 633.206, Florida Statutes,
 1778  and subsection (1) and paragraph (a) of subsection (4) of that
 1779  section are amended, to read:
 1780         633.206 633.022 Uniform firesafety standards.—The
 1781  Legislature hereby determines that to protect the public health,
 1782  safety, and welfare it is necessary to provide for firesafety
 1783  standards governing the construction and utilization of certain
 1784  buildings and structures. The Legislature further determines
 1785  that certain buildings or structures, due to their specialized
 1786  use or to the special characteristics of the person utilizing or
 1787  occupying these buildings or structures, should be subject to
 1788  firesafety standards reflecting these special needs as may be
 1789  appropriate.
 1790         (1) The department shall establish uniform firesafety
 1791  standards that apply to:
 1792         (a) All new, existing, and proposed state-owned and state
 1793  leased buildings.
 1794         (b) All new, existing, and proposed hospitals, nursing
 1795  homes, assisted living facilities, adult family-care homes,
 1796  correctional facilities, public schools, transient public
 1797  lodging establishments, public food service establishments,
 1798  elevators, migrant labor camps, mobile home parks, lodging
 1799  parks, recreational vehicle parks, recreational camps,
 1800  residential and nonresidential child care facilities, facilities
 1801  for the developmentally disabled, motion picture and television
 1802  special effects productions, tunnels, and self-service gasoline
 1803  stations, of which standards the State Fire Marshal is the final
 1804  administrative interpreting authority.
 1805  
 1806  In the event there is a dispute between the owners of the
 1807  buildings specified in paragraph (b) and a local authority
 1808  requiring a more stringent uniform firesafety standard for
 1809  sprinkler systems, the State Fire Marshal shall be the final
 1810  administrative interpreting authority and the State Fire
 1811  Marshal’s interpretation regarding the uniform firesafety
 1812  standards shall be considered final agency action.
 1813         (4)(a) Notwithstanding any provision of law to the
 1814  contrary, each nursing home licensed under part II of chapter
 1815  400 shall be protected throughout by an approved, supervised
 1816  automatic sprinkler system in accordance with s. 9 of National
 1817  Fire Protection Association, Inc., Life Safety Code, no later
 1818  than December 31, 2010. A nursing home licensee shall submit
 1819  complete sprinkler construction documents to the Agency for
 1820  Health Care Administration for review by December 31, 2008, and
 1821  the licensee must gain final approval to start construction from
 1822  the agency by June 30, 2009. The agency shall grant a 6-month
 1823  extension to a nursing home licensee if the completion and
 1824  submission of the sprinkler construction documents are
 1825  contingent upon the approval of the application for the loan
 1826  guarantee program authorized under s. 633.0245. In such case,
 1827  the agency may extend the deadline for final approval to begin
 1828  construction beyond June 30, 2009, but the deadline may not be
 1829  extended beyond December 31, 2009.
 1830         Section 24. Section 633.025, Florida Statutes, is
 1831  transferred, renumbered as section 633.208, Florida Statutes,
 1832  and amended to read:
 1833         633.208 633.025 Minimum firesafety standards.—
 1834         (1) The Florida Fire Prevention Code and the Life Safety
 1835  Code adopted by the State Fire Marshal, which shall operate in
 1836  conjunction with the Florida Building Code, shall be deemed
 1837  adopted by each municipality, county, and special district with
 1838  firesafety responsibilities. The minimum firesafety codes do
 1839  shall not apply to buildings and structures subject to the
 1840  uniform firesafety standards under s. 633.206 633.022 and
 1841  buildings and structures subject to the minimum firesafety
 1842  standards adopted pursuant to s. 394.879.
 1843         (2) Pursuant to subsection (1), each municipality, county,
 1844  and special district with firesafety responsibilities shall
 1845  enforce the Florida Fire Prevention Code and the Life Safety
 1846  Code as the minimum firesafety code required by this section.
 1847         (3) The most current edition of the National Fire
 1848  Protection Association (NFPA) 101, Life Safety Code, adopted by
 1849  the State Fire Marshal, shall be deemed to be adopted by each
 1850  municipality, county, and special district with firesafety
 1851  responsibilities as part of the minimum firesafety code.
 1852         (3)(4) Such code codes shall be a minimum code codes and a
 1853  municipality, county, or special district with firesafety
 1854  responsibilities may adopt more stringent firesafety standards,
 1855  subject to the requirements of this subsection. Such county,
 1856  municipality, or special district may establish alternative
 1857  requirements to those requirements which are required under the
 1858  minimum firesafety standards on a case-by-case basis, in order
 1859  to meet special situations arising from historic, geographic, or
 1860  unusual conditions, if the alternative requirements result in a
 1861  level of protection to life, safety, or property equal to or
 1862  greater than the applicable minimum firesafety standards. For
 1863  the purpose of this subsection, the term “historic” means that
 1864  the building or structure is listed on the National Register of
 1865  Historic Places of the United States Department of the Interior.
 1866         (a) The local governing body shall determine, following a
 1867  public hearing which has been advertised in a newspaper of
 1868  general circulation at least 10 days before the hearing, if
 1869  there is a need to strengthen the requirements of the minimum
 1870  firesafety code adopted by such governing body. The
 1871  determination must be based upon a review of local conditions by
 1872  the local governing body, which review demonstrates that local
 1873  conditions justify more stringent requirements than those
 1874  specified in the minimum firesafety code for the protection of
 1875  life and property or justify requirements that meet special
 1876  situations arising from historic, geographic, or unusual
 1877  conditions.
 1878         (b) Such additional requirements may shall not be
 1879  discriminatory as to materials, products, or construction
 1880  techniques of demonstrated capabilities.
 1881         (c) Paragraphs (a) and (b) apply solely to the local
 1882  enforcing agency’s adoption of requirements more stringent than
 1883  those specified in the Florida Fire Prevention Code and the Life
 1884  Safety Code that have the effect of amending building
 1885  construction standards. Upon request, the enforcing agency must
 1886  shall provide a person making application for a building permit,
 1887  or any state agency or board with construction-related
 1888  regulation responsibilities, a listing of all such requirements
 1889  and codes.
 1890         (d) A local government which adopts amendments to the
 1891  minimum firesafety code must provide a procedure by which the
 1892  validity of such amendments may be challenged by any
 1893  substantially affected party to test the amendment’s compliance
 1894  with the provisions of this section.
 1895         1. Unless the local government agrees to stay enforcement
 1896  of the amendment, or other good cause is shown, the challenging
 1897  party shall be entitled to a hearing on the challenge within 45
 1898  days.
 1899         2. For purposes of such challenge, the burden of proof
 1900  shall be on the challenging party, but the amendment may shall
 1901  not be presumed to be valid or invalid.
 1902  
 1903  This subsection gives local government the authority to
 1904  establish firesafety codes that exceed the Florida Fire
 1905  Prevention Code minimum firesafety codes and standards adopted
 1906  by the State Fire Marshal. The Legislature intends that local
 1907  government give proper public notice and hold public hearings
 1908  before adopting more stringent firesafety codes and standards. A
 1909  substantially affected person may appeal, to the department, the
 1910  local government’s resolution of the challenge, and the
 1911  department shall determine if the amendment complies with this
 1912  section. Actions of the department are subject to judicial
 1913  review pursuant to s. 120.68. The department shall consider
 1914  reports of the Florida Building Commission, pursuant to part IV
 1915  of chapter 553, when evaluating building code enforcement.
 1916         (4)(5) The new building or structure provisions enumerated
 1917  within the Florida Fire Prevention Code firesafety code adopted
 1918  pursuant to this section shall apply only to buildings or
 1919  structures for which the building permit is issued on or after
 1920  the effective date of the current edition of the Florida Fire
 1921  Prevention Code this act. Subject to the provisions of
 1922  subsection (5) (6), the existing building or structure
 1923  provisions enumerated within the firesafety code adopted
 1924  pursuant to this section shall apply to buildings or structures
 1925  for which the building permit was issued or the building or
 1926  structure was constructed before prior to the effective date of
 1927  this act.
 1928         (5)(6) With regard to existing buildings, the Legislature
 1929  recognizes that it is not always practical to apply any or all
 1930  of the provisions of the Florida Fire Prevention Code minimum
 1931  firesafety code and that physical limitations may require
 1932  disproportionate effort or expense with little increase in fire
 1933  or life safety lifesafety. Prior to applying the minimum
 1934  firesafety code to an existing building, the local fire official
 1935  shall determine that a threat to lifesafety or property exists.
 1936  If a threat to lifesafety or property exists, the fire official
 1937  shall apply the applicable firesafety code for existing
 1938  buildings to the extent practical to assure a reasonable degree
 1939  of lifesafety and safety of property or the fire official shall
 1940  fashion a reasonable alternative which affords an equivalent
 1941  degree of lifesafety and safety of property. The decision of the
 1942  local fire official may be appealed to the local administrative
 1943  board described in s. 553.73.
 1944         (6)(7) Nothing herein shall preclude a municipality,
 1945  county, or special district from requiring a structure to be
 1946  maintained in accordance with the Florida Fire Prevention Code
 1947  applicable firesafety code.
 1948         (7)(8) Electrically operated single station smoke detectors
 1949  required for residential buildings are not required to be
 1950  interconnected within individual living units in all buildings
 1951  having direct access to the outside from each living unit and
 1952  having three stories or less. This subsection does not apply to
 1953  any residential building required to have a manual or an
 1954  automatic fire alarm system.
 1955         (8)(9) The provisions of the Life Safety Code, as contained
 1956  in the Florida Fire Prevention Code, do shall not apply to newly
 1957  constructed one-family and two-family dwellings. However, fire
 1958  sprinkler protection may be permitted by local government in
 1959  lieu of other fire protection-related development requirements
 1960  for such structures. While local governments may adopt fire
 1961  sprinkler requirements for one- and two-family dwellings under
 1962  this subsection, it is the intent of the Legislature that the
 1963  economic consequences of the fire sprinkler mandate on home
 1964  owners be studied before the enactment of such a requirement.
 1965  After the effective date of this act, any local government that
 1966  desires to adopt a fire sprinkler requirement on one- or two
 1967  family dwellings must prepare an economic cost and benefit
 1968  report that analyzes the application of fire sprinklers to one-
 1969  or two-family dwellings or any proposed residential subdivision.
 1970  The report must consider the tradeoffs and specific cost savings
 1971  and benefits of fire sprinklers for future owners of property.
 1972  The report must include an assessment of the cost savings from
 1973  any reduced or eliminated impact fees if applicable, the
 1974  reduction in special fire district tax, insurance fees, and
 1975  other taxes or fees imposed, and the waiver of certain
 1976  infrastructure requirements including the reduction of roadway
 1977  widths, the reduction of water line sizes, increased fire
 1978  hydrant spacing, increased dead-end roadway length and a
 1979  reduction in cul-de-sac sizes relative to the costs from fire
 1980  sprinkling. A failure to prepare an economic report shall result
 1981  in the invalidation of the fire sprinkler requirement to any
 1982  one- or two-family dwelling or any proposed subdivision. In
 1983  addition, a local jurisdiction or utility may not charge any
 1984  additional fee, above what is charged to a non-fire sprinklered
 1985  dwelling, on the basis that a one- or two-family dwelling unit
 1986  is protected by a fire sprinkler system.
 1987         (9)(10) Before imposing a fire sprinkler requirement on any
 1988  one- or two-family dwelling, a local government must provide the
 1989  owner of any one- or two-family dwelling a letter documenting
 1990  specific infrastructure or other tax or fee allowances and
 1991  waivers that are listed in but not limited to those described in
 1992  subsection (8) (9) for the dwelling. The documentation must show
 1993  that the cost savings reasonably approximate the cost of the
 1994  purchase and installation of a fire protection system.
 1995         (10)(11) Notwithstanding the provisions of subsection (8)
 1996  (9), a property owner may shall not be required to install fire
 1997  sprinklers in any residential property based upon the use of
 1998  such property as a rental property or any change in or
 1999  reclassification of the property’s primary use to a rental
 2000  property.
 2001         Section 25. Section 633.026, Florida Statutes, is
 2002  transferred, renumbered as section 633.212, Florida Statutes,
 2003  and amended to read:
 2004         633.212 633.026 Legislative intent; informal
 2005  interpretations of the Florida Fire Prevention Code.—It is the
 2006  intent of the Legislature that the Florida Fire Prevention Code
 2007  be interpreted by fire officials and local enforcement agencies
 2008  in a manner that reasonably and cost-effectively protects the
 2009  public safety, health, and welfare; ensures uniform
 2010  interpretations throughout this state; and provides just and
 2011  expeditious processes for resolving disputes regarding such
 2012  interpretations. It is the further intent of the Legislature
 2013  that such processes provide for the expeditious resolution of
 2014  the issues presented and that the resulting interpretation of
 2015  such issues be published on the website of the division of State
 2016  Fire Marshal.
 2017         (1) The division of State Fire Marshal shall by rule
 2018  establish an informal process of rendering nonbinding
 2019  interpretations of the Florida Fire Prevention Code. The
 2020  division of State Fire Marshal may contract with and refer
 2021  interpretive issues to a third party, selected based upon cost
 2022  effectiveness, quality of services to be performed, and other
 2023  performance-based criteria, which has experience in interpreting
 2024  and enforcing the Florida Fire Prevention Code. It is the intent
 2025  of the Legislature that the division of State Fire Marshal
 2026  establish a Fire Code Interpretation Committee composed of seven
 2027  persons and seven alternates, equally representing each area of
 2028  the state, to which a party can pose questions regarding the
 2029  interpretation of the Florida Fire Prevention Code provisions.
 2030  The alternate member may respond to a nonbinding interpretation
 2031  if the member notifies the Fire Code Interpretation Committee
 2032  that he or she is unable to respond.
 2033         (2) Each member and alternate member of the Fire Code
 2034  Interpretation Committee must be certified as a firesafety
 2035  inspector pursuant to s. 633.216(2) 633.081(2) and must have a
 2036  minimum of 5 years of experience interpreting and enforcing the
 2037  Florida Fire Prevention Code and the Life Safety Code. Each
 2038  member and alternate member must be approved by the division of
 2039  State Fire Marshal and deemed by the division to have met these
 2040  requirements for at least 30 days before participating in a
 2041  review of a nonbinding interpretation.
 2042         (3) Each nonbinding interpretation of code provisions must
 2043  be provided within 15 10 business days after receipt of a
 2044  request for interpretation. The response period established in
 2045  this subsection may be waived only with the written consent of
 2046  the party requesting the nonbinding interpretation and the
 2047  division of State Fire Marshal. Nonbinding interpretations shall
 2048  be advisory only and nonbinding on the parties or the State Fire
 2049  Marshal.
 2050         (4) In order to administer this section, the division of
 2051  State Fire Marshal shall charge a fee for nonbinding
 2052  interpretations. The fee may not exceed $150 for each request
 2053  for a review or interpretation. The division may authorize
 2054  payment of fees directly to the nonprofit organization under
 2055  contract pursuant to subsection (1).
 2056         (5) A party requesting a nonbinding interpretation who
 2057  disagrees with the interpretation issued under this section may
 2058  apply for a declaratory statement formal interpretation from the
 2059  State Fire Marshal pursuant to s. 633.104(6) 633.01(6).
 2060         (6) The division of State Fire Marshal shall issue or cause
 2061  to be issued a nonbinding interpretation of the Florida Fire
 2062  Prevention Code pursuant to this section when requested to do so
 2063  upon submission of a petition by a fire official or by the owner
 2064  or owner’s representative or the contractor or contractor’s
 2065  representative of a project in dispute. The division shall adopt
 2066  a petition form by rule, and the petition form must be published
 2067  on the State Fire Marshal’s website. The form must shall, at a
 2068  minimum, require:
 2069         (a) The name and address of the local fire official,
 2070  including the address of the county, municipality, or special
 2071  district.
 2072         (b) The name and address of the owner or owner’s
 2073  representative or the contractor or contractor’s representative.
 2074         (c) A statement of the specific sections of the Florida
 2075  Fire Prevention Code being interpreted by the local fire
 2076  official.
 2077         (d) An explanation of how the petitioner’s substantial
 2078  interests are being affected by the local interpretation of the
 2079  Florida Fire Prevention Code.
 2080         (e) A statement of the interpretation of the specific
 2081  sections of the Florida Fire Prevention Code by the local fire
 2082  official.
 2083         (f) A statement of the interpretation that the petitioner
 2084  contends should be given to the specific sections of the Florida
 2085  Fire Prevention Code and a statement supporting the petitioner’s
 2086  interpretation.
 2087         (g) A single question that is capable of being answered
 2088  with a “yes” or “no” response.
 2089         (7) Upon receipt of a petition that meets the requirements
 2090  of subsection (6), the division of State Fire Marshal shall
 2091  immediately provide copies of the petition to the Fire Code
 2092  Interpretation Committee, and shall publish the petition and any
 2093  response submitted by the local fire official on the State Fire
 2094  Marshal’s website.
 2095         (8) The committee shall conduct proceedings as necessary to
 2096  resolve the issues and give due regard to the petition, the
 2097  facts of the matter at issue, specific code sections cited, and
 2098  any statutory implications affecting the Florida Fire Prevention
 2099  Code. The committee shall issue an interpretation regarding the
 2100  provisions of the Florida Fire Prevention Code within 15 10 days
 2101  after the filing of a petition. The committee shall issue an
 2102  interpretation based upon the Florida Fire Prevention Code or,
 2103  if the code is ambiguous, the intent of the code. The
 2104  committee’s interpretation shall be provided to the petitioner
 2105  and shall include a notice that if the petitioner disagrees with
 2106  the interpretation, the petitioner may file a request for a
 2107  declaratory statement formal interpretation by the State Fire
 2108  Marshal under s. 633.104(6) 633.01(6). The committee’s
 2109  interpretation shall be provided to the State Fire Marshal, and
 2110  the division shall publish the declaratory statement
 2111  interpretation on the State Fire Marshal’s website and in the
 2112  Florida Administrative Register Weekly.
 2113         Section 26. Section 633.052, Florida Statutes, is
 2114  transferred and renumbered as section 633.214, Florida Statutes,
 2115  and paragraphs (a) and (b) of subsection (1), paragraph (d) of
 2116  subsection (2), and subsections (3) and (4) of that section are
 2117  amended, to read:
 2118         633.214 633.052 Ordinances relating to firesafety;
 2119  definitions; penalties.—
 2120         (1) As used in this section:
 2121         (a) A “firesafety inspector” is an individual certified by
 2122  the division of State Fire Marshal, officially assigned the
 2123  duties of conducting firesafety inspections of buildings and
 2124  facilities on a recurring or regular basis, investigating civil
 2125  infractions relating to firesafety, and issuing citations
 2126  pursuant to this section on behalf of the state or any county,
 2127  municipality, or special district with firesafety
 2128  responsibilities.
 2129         (b) “Citation” means a written notice, issued only after a
 2130  written warning has been previously issued and a minimum time
 2131  period of 45 days, except for major structural changes, which
 2132  may be corrected within an extended adequate period of time,
 2133  from the date of the issuance of the warning whereby the party
 2134  warned may correct the alleged violation, issued to a person by
 2135  a firesafety inspector, that the firesafety inspector has
 2136  probable cause to believe that the person has committed a civil
 2137  infraction in violation of a duly enacted ordinance and that the
 2138  county court will hear the charge. The citation must shall
 2139  contain:
 2140         1. The date and time of issuance.
 2141         2. The name and address of the person.
 2142         3. The date and time the civil infraction was committed.
 2143         4. The facts constituting probable cause.
 2144         5. The Florida Fire Prevention Code ordinance violated.
 2145         6. The name and authority of the firesafety inspector
 2146  officer.
 2147         7. The procedure for the person to follow in order to pay
 2148  the civil penalty or to contest the citation.
 2149         8. The applicable civil penalty if the person elects to
 2150  contest the citation.
 2151         9. The applicable civil penalty if the person elects not to
 2152  contest the citation.
 2153         10. A conspicuous statement that if the person fails to pay
 2154  the civil penalty within the time allowed or fails to appear in
 2155  court to contest the citation, then she or he shall be deemed to
 2156  have waived her or his right to contest the citation and that,
 2157  in such case, judgment may be entered against the person for an
 2158  amount up to the maximum civil penalty.
 2159         (2) A county or municipality that has created a code
 2160  enforcement board or special magistrate system pursuant to
 2161  chapter 162 may enforce firesafety code violations as provided
 2162  in chapter 162. The governing body of a county or municipality
 2163  which has not created a code enforcement board or special
 2164  magistrate system for firesafety under chapter 162 may is
 2165  authorized to enact ordinances relating to firesafety codes,
 2166  which ordinances shall provide:
 2167         (d) For the issuance of a citation by an officer who has
 2168  probable cause to believe that a person has committed a
 2169  violation of an ordinance relating to firesafety or the Florida
 2170  Fire Prevention Code.
 2171         (3) A person Any person who willfully refuses to sign and
 2172  accept a citation issued by a firesafety inspector commits shall
 2173  be guilty of a misdemeanor of the second degree, punishable as
 2174  provided in s. 775.082 or s. 775.083.
 2175         (4) Nothing contained in This section does not shall
 2176  prevent any county, or municipality, or special district from
 2177  enacting any ordinance relating to firesafety codes which is
 2178  identical to the provisions of this chapter or any state law,
 2179  except as to penalty; however, a no county, or municipal, or
 2180  special district ordinance relating to firesafety codes may not
 2181  shall conflict with the provisions of this chapter or any other
 2182  state law.
 2183         Section 27. Section 633.081, Florida Statutes, is
 2184  transferred, renumbered as section 633.216, Florida Statutes,
 2185  and amended to read:
 2186         633.216 633.081 Inspection of buildings and equipment;
 2187  orders; firesafety inspection training requirements;
 2188  certification; disciplinary action.—The State Fire Marshal and
 2189  her or his agents or persons authorized to enforce laws and
 2190  rules of the State Fire Marshal shall, at any reasonable hour,
 2191  when the State Fire Marshal has reasonable cause to believe that
 2192  a violation of this chapter or s. 509.215, or a rule adopted
 2193  promulgated thereunder, or a minimum firesafety code adopted by
 2194  the State Fire Marshal or a local authority, may exist, inspect
 2195  any and all buildings and structures which are subject to the
 2196  requirements of this chapter or s. 509.215 and rules adopted
 2197  promulgated thereunder. The authority to inspect shall extend to
 2198  all equipment, vehicles, and chemicals which are located on or
 2199  within the premises of any such building or structure.
 2200         (1) Each county, municipality, and special district that
 2201  has firesafety enforcement responsibilities shall employ or
 2202  contract with a firesafety inspector. Except as provided in s.
 2203  633.312(2) and (3) 633.082(2), the firesafety inspector must
 2204  conduct all firesafety inspections that are required by law. The
 2205  governing body of a county, municipality, or special district
 2206  that has firesafety enforcement responsibilities may provide a
 2207  schedule of fees to pay only the costs of inspections conducted
 2208  pursuant to this subsection and related administrative expenses.
 2209  Two or more counties, municipalities, or special districts that
 2210  have firesafety enforcement responsibilities may jointly employ
 2211  or contract with a firesafety inspector.
 2212         (2) Except as provided in s. 633.312(2) 633.082(2), every
 2213  firesafety inspection conducted pursuant to state or local
 2214  firesafety requirements shall be by a person certified as having
 2215  met the inspection training requirements set by the State Fire
 2216  Marshal. Such person shall meet the requirements of s.
 2217  633.412(1)(a)-(d), and:
 2218         (a) Be a high school graduate or the equivalent as
 2219  determined by the department;
 2220         (b) Not have been found guilty of, or having pleaded guilty
 2221  or nolo contendere to, a felony or a crime punishable by
 2222  imprisonment of 1 year or more under the law of the United
 2223  States, or of any state thereof, which involves moral turpitude,
 2224  without regard to whether a judgment of conviction has been
 2225  entered by the court having jurisdiction of such cases;
 2226         (c) Have her or his fingerprints on file with the
 2227  department or with an agency designated by the department;
 2228         (d) Have good moral character as determined by the
 2229  department;
 2230         (e) Be at least 18 years of age;
 2231         (f) Have satisfactorily completed the firesafety inspector
 2232  certification examination as prescribed by division rule the
 2233  department; and
 2234         (b)(g)1. Have satisfactorily completed, as determined by
 2235  division rule the department, a firesafety inspector training
 2236  program of at least not less than 200 hours established by the
 2237  department and administered by education or training providers
 2238  agencies and institutions approved by the department for the
 2239  purpose of providing basic certification training for firesafety
 2240  inspectors; or
 2241         2. Have received in another state training in another state
 2242  which is determined by the division department to be at least
 2243  equivalent to that required by the department for approved
 2244  firesafety inspector education and training programs in this
 2245  state.
 2246         (3)(a)1. Effective July 1, 2013, the classification of
 2247  special state firesafety inspector is abolished, and all special
 2248  state firesafety inspector certifications shall expire at
 2249  midnight June 30, 2013.
 2250         2. Any person who is a special state firesafety inspector
 2251  on June 30, 2013, and who has failed to comply with paragraph
 2252  (b) or paragraph (c) may not perform any firesafety inspection
 2253  required by law.
 2254         3. A special state firesafety inspector certificate may not
 2255  be issued after June 30, 2011.
 2256         (b)1. Any person who is a special state firesafety
 2257  inspector on July 1, 2011, and who has at least 5 years of
 2258  experience as a special state firesafety inspector as of July 1,
 2259  2011, may take the firesafety inspection examination as provided
 2260  in paragraph (2)(a) (2)(f) for firesafety inspectors before July
 2261  1, 2013, to be certified as a firesafety inspector under this
 2262  section.
 2263         2. Upon passing the examination, the person shall be
 2264  certified as a firesafety inspector as provided in this section.
 2265         3. A person who fails to become certified must comply with
 2266  paragraph (c) to be certified as a firesafety inspector under
 2267  this section.
 2268         (c)1. To be certified as a firesafety inspector under this
 2269  section, a any person who:
 2270         a. Is a special state firesafety inspector on July 1, 2011,
 2271  and who does not have 5 years of experience as a special state
 2272  firesafety inspector as of July 1, 2011; or
 2273         b. Has 5 years of experience as a special state firesafety
 2274  inspector but has failed the examination taken as provided in
 2275  paragraph (2)(a) (2)(f),
 2276  
 2277  must take an additional 80 hours of the courses described in
 2278  paragraph (2)(b) (2)(g).
 2279         2. After successfully completing the courses described in
 2280  this paragraph, such person may take the firesafety inspection
 2281  examination as provided in paragraph (2)(a) (2)(f), if such
 2282  examination is taken before July 1, 2013.
 2283         3. Upon passing the examination, the person shall be
 2284  certified as a firesafety inspector as provided in this section.
 2285         4. A person who fails the course of study or the
 2286  examination described in this paragraph may not perform any
 2287  firesafety inspection required by law on or after July 1, 2013.
 2288         (4) A firefighter certified pursuant to s. 633.408 633.35
 2289  may conduct firesafety inspections, under the supervision of a
 2290  certified firesafety inspector, while on duty as a member of a
 2291  fire department company conducting inservice firesafety
 2292  inspections without being certified as a firesafety inspector,
 2293  if such firefighter has satisfactorily completed an inservice
 2294  fire department company inspector training program of at least
 2295  24 hours’ duration as provided by rule of the department.
 2296         (5) Every firesafety inspector certificate is valid for a
 2297  period of 4 3 years from the date of issuance. Renewal of
 2298  certification is subject to the affected person’s completing
 2299  proper application for renewal and meeting all of the
 2300  requirements for renewal as established under this chapter or by
 2301  rule adopted under this chapter, which must shall include
 2302  completion of at least 54 40 hours during the preceding 4-year
 2303  3-year period of continuing education as required by the rule of
 2304  the department or, in lieu thereof, successful passage of an
 2305  examination as established by the department.
 2306         (6) A previously certified firesafety inspector whose
 2307  certification has lapsed for 8 years or more must repeat the
 2308  fire safety inspector training as specified by the division.
 2309         (7)(6) The State Fire Marshal may deny, refuse to renew,
 2310  suspend, or revoke the certificate of a firesafety inspector if
 2311  the State Fire Marshal finds that any of the following grounds
 2312  exist:
 2313         (a) Any cause for which issuance of a certificate could
 2314  have been refused had it then existed and been known to the
 2315  division State Fire Marshal.
 2316         (b) Violation of this chapter or any rule or order of the
 2317  State Fire Marshal.
 2318         (c) Falsification of records relating to the certificate.
 2319         (d) Having been found guilty of or having pleaded guilty or
 2320  nolo contendere to a felony, whether or not a judgment of
 2321  conviction has been entered.
 2322         (d)(e) Failure to meet any of the renewal requirements.
 2323         (f) Having been convicted of a crime in any jurisdiction
 2324  which directly relates to the practice of fire code inspection,
 2325  plan review, or administration.
 2326         (e)(g) Making or filing a report or record that the
 2327  certificateholder knows to be false, or knowingly inducing
 2328  another to file a false report or record, or knowingly failing
 2329  to file a report or record required by state or local law, or
 2330  knowingly impeding or obstructing such filing, or knowingly
 2331  inducing another person to impede or obstruct such filing.
 2332         (f)(h) Failing to properly enforce applicable fire codes or
 2333  permit requirements within this state which the
 2334  certificateholder knows are applicable by committing willful
 2335  misconduct, gross negligence, gross misconduct, repeated
 2336  negligence, or negligence resulting in a significant danger to
 2337  life or property.
 2338         (g)(i) Accepting labor, services, or materials at no charge
 2339  or at a noncompetitive rate from a any person who performs work
 2340  that is under the enforcement authority of the certificateholder
 2341  and who is not an immediate family member of the
 2342  certificateholder. For the purpose of this paragraph, the term
 2343  “immediate family member” means a spouse, child, parent,
 2344  sibling, grandparent, aunt, uncle, or first cousin of the person
 2345  or the person’s spouse or a any person who resides in the
 2346  primary residence of the certificateholder.
 2347         (8)(7) The division of State Fire Marshal and the Florida
 2348  Building Code Administrators and Inspectors Board, established
 2349  pursuant to s. 468.605, shall enter into a reciprocity agreement
 2350  to facilitate joint recognition of continuing education
 2351  recertification hours for certificateholders licensed under s.
 2352  468.609 and firesafety inspectors certified under subsection
 2353  (2).
 2354         (9)(8) The State Fire Marshal shall develop by rule an
 2355  advanced training and certification program for firesafety
 2356  inspectors having fire code management responsibilities. The
 2357  program must be consistent with the appropriate provisions of
 2358  NFPA 1037, or similar standards adopted by the division, and
 2359  establish minimum training, education, and experience levels for
 2360  firesafety inspectors having fire code management
 2361  responsibilities.
 2362         (10)(9) The department shall provide by rule for the
 2363  certification of firesafety inspectors and Fire Code
 2364  Administrators.
 2365         Section 28. Section 633.085, Florida Statutes, is
 2366  transferred and renumbered as section 633.218, Florida Statutes,
 2367  paragraph (a) of subsection (1) and subsections (2) through (5)
 2368  of that section are amended, and paragraphs (e) and (f) are
 2369  added to subsection (1) of that section, to read:
 2370         633.218 633.085 Inspections of state buildings and
 2371  premises; tests of firesafety equipment; building plans to be
 2372  approved.—
 2373         (1)(a) It is the duty of the State Fire Marshal and her or
 2374  his agents to inspect, or cause to be inspected, each state
 2375  owned building on a recurring basis established by rule, and to
 2376  ensure that high-hazard occupancies are inspected at least
 2377  annually, for the purpose of ascertaining and causing to be
 2378  corrected any conditions liable to cause fire or endanger life
 2379  from fire and any violation of the firesafety standards for
 2380  state-owned buildings, the provisions of this chapter, or the
 2381  rules or regulations adopted and promulgated pursuant hereto.
 2382  The State Fire Marshal shall, within 7 days following an
 2383  inspection, submit a report of such inspection to the head of
 2384  the department of state agency government responsible for the
 2385  building.
 2386         (e) For purposes of this section:
 2387         1.a. The term “high-hazard occupancy” means any building or
 2388  structure:
 2389         (I) That contains combustible or explosive matter or
 2390  flammable conditions dangerous to the safety of life or
 2391  property;
 2392         (II) At which persons receive educational instruction;
 2393         (III) At which persons reside, excluding private dwellings;
 2394  or
 2395         (IV) Containing three or more floor levels.
 2396         b. As used in this subparagraph, the phrase “building or
 2397  structure”:
 2398         (I) Includes, but is not limited to, all hospitals and
 2399  residential health care facilities, nursing homes and other
 2400  adult care facilities, correctional or detention facilities,
 2401  public schools, public lodging establishments, migrant labor
 2402  camps, residential child care facilities, and self-service
 2403  gasoline stations.
 2404         (II) Does not include any residential condominium where the
 2405  declaration of condominium or the bylaws provide that the rental
 2406  of units shall not be permitted for less than 90 days.
 2407         2. The term “state-owned building” includes private
 2408  correctional facilities as defined under s. 944.710(3).
 2409         (f) A state-owned building or state-leased building or
 2410  space shall be identified through use of the United States
 2411  National Grid Coordinate System.
 2412         (2) The State Fire Marshal and her or his agents may shall
 2413  conduct performance tests on any electronic fire warning and
 2414  smoke detection system, and any pressurized air-handling unit,
 2415  in any state-owned building or state-leased building or space on
 2416  a recurring basis as provided in subsection (1). The State Fire
 2417  Marshal and her or his agents shall also ensure that fire drills
 2418  are conducted in all high-hazard state-owned buildings or high
 2419  hazard state-leased high-hazard occupancies at least annually.
 2420         (3) All construction of any new state-owned building or
 2421  state-leased building or space, or any renovation, alteration,
 2422  or change of occupancy of any existing, state-owned building or
 2423  state-leased building or space must shall comply with the
 2424  uniform firesafety standards of the State Fire Marshal.
 2425         (a) For all new construction or renovation, alteration, or
 2426  change of occupancy of state-leased space, compliance with the
 2427  uniform firesafety standards shall be determined by reviewing
 2428  the plans for the proposed construction or occupancy submitted
 2429  by the lessor to the division of State Fire Marshal for review
 2430  and approval before prior to commencement of construction or
 2431  occupancy, which review shall be completed within 10 working
 2432  days after receipt of the plans by the division of State Fire
 2433  Marshal.
 2434         (b) The plans for all construction of any new, or
 2435  renovation or alteration of any existing, state-owned building
 2436  are subject to the review and approval of the division of State
 2437  Fire Marshal for compliance with the uniform firesafety
 2438  standards before prior to commencement of construction or change
 2439  of occupancy, which review shall be completed within 30 calendar
 2440  days of receipt of the plans by the division of State Fire
 2441  Marshal.
 2442         (4) The division of State Fire Marshal may inspect state
 2443  owned buildings and space and state-leased buildings and space
 2444  as necessary before prior to occupancy or during construction,
 2445  renovation, or alteration to ascertain compliance with the
 2446  uniform firesafety standards. Whenever the division of State
 2447  Fire Marshal determines by virtue of such inspection or by
 2448  review of plans that construction, renovation, or alteration of
 2449  state-owned buildings and state-leased buildings or space is not
 2450  in compliance with the uniform firesafety standards, the
 2451  division of State Fire Marshal shall issue an order to cease
 2452  construction, renovation, or alteration, or to preclude
 2453  occupancy, of a building until compliance is obtained, except
 2454  for those activities required to achieve such compliance.
 2455         (5) The division of State Fire Marshal shall by rule
 2456  provide a schedule of fees to pay for the costs of the
 2457  inspections, whether recurring or high hazard, any firesafety
 2458  review or plans for proposed construction, renovations, or
 2459  occupancy, and related administrative expenses.
 2460         Section 29. Section 633.027, Florida Statutes, is
 2461  transferred and renumbered as section 633.222, Florida Statutes,
 2462  and subsection (3) of that section is amended, to read:
 2463         633.222 633.027 Buildings with light-frame truss-type
 2464  construction; notice requirements; enforcement.—
 2465         (3) The State Fire Marshal, and local fire officials in
 2466  accordance with s. 633.118 633.121, shall enforce the provisions
 2467  of this section. An Any owner who fails to comply with the
 2468  requirements of this section is subject to penalties as provided
 2469  in s. 633.228 633.161.
 2470         Section 30. Section 633.60, Florida Statutes, is
 2471  transferred and renumbered as section 633.224, Florida Statutes,
 2472  and subsection (1) of that section is amended, to read:
 2473         633.224 633.60 Automatic fire sprinkler systems for one
 2474  family dwellings, two-family dwellings, and mobile homes.—
 2475         (1) It is unlawful for a any person to engage in the
 2476  business or act in the capacity of a contractor of automatic
 2477  fire sprinkler systems for one-family dwellings, two-family
 2478  dwellings, and mobile homes without having been duly certified
 2479  and holding a current certificate as a Contractor I, Contractor
 2480  II, or Contractor IV as defined in s. 633.102 633.021.
 2481         Section 31. Section 633.557, Florida Statutes, is
 2482  transferred and renumbered as section 633.226, Florida Statutes.
 2483         Section 32. Section 633.161, Florida Statutes, is
 2484  transferred and renumbered as section 633.228, Florida Statutes,
 2485  and paragraphs (a) and (b) of subsection (1), paragraph (a) of
 2486  subsection (2), and subsection (3) of that section are amended,
 2487  to read:
 2488         633.228 633.161 Violations; orders to cease and desist,
 2489  correct hazardous conditions, preclude occupancy, or vacate;
 2490  enforcement; penalties.—
 2491         (1) If it is determined by the department that a violation
 2492  specified in this subsection exists, the State Fire Marshal or
 2493  her or his deputy may issue and deliver to the person committing
 2494  the violation an order to cease and desist from such violation,
 2495  to correct any hazardous condition, to preclude occupancy of the
 2496  affected building or structure, or to vacate the premises of the
 2497  affected building or structure. Such violations are:
 2498         (a) Except as set forth in paragraph (b), a violation of
 2499  any provision of this chapter, of any rule adopted pursuant
 2500  thereto, of any applicable uniform firesafety standard adopted
 2501  pursuant to s. 633.206 633.022 which is not adequately addressed
 2502  by any alternative requirements adopted on a local level, or of
 2503  any minimum firesafety standard adopted pursuant to s. 394.879.
 2504         (b) A substantial violation of an applicable minimum
 2505  firesafety standard adopted pursuant to s. 633.208 633.025 which
 2506  is not reasonably addressed by any alternative requirement
 2507  imposed at the local level, or an unreasonable interpretation of
 2508  an applicable minimum firesafety standard, and which violation
 2509  or interpretation clearly constitutes a danger to lifesafety.
 2510         (2)(a) If, during the conduct of a firesafety inspection
 2511  authorized by ss. 633.216 and 633.218 633.081 and 633.085, it is
 2512  determined that a violation described in this section exists
 2513  which poses an immediate danger to the public health, safety, or
 2514  welfare, the State Fire Marshal may issue an order to vacate the
 2515  building in question, which order shall be immediately effective
 2516  and shall be an immediate final order under s. 120.569(2)(n).
 2517  With respect to a facility under the jurisdiction of a district
 2518  school board or community college board of trustees, the order
 2519  to vacate shall be issued jointly by the district superintendent
 2520  or college president and the State Fire Marshal.
 2521         (3) A Any person who violates or fails to comply with any
 2522  order under subsection (1) or subsection (2) commits is guilty
 2523  of a misdemeanor, punishable as provided in s. 633.124 633.171.
 2524         Section 33. The Division of Law Revision and Information is
 2525  directed to create part III of chapter 633, Florida Statutes,
 2526  consisting of sections 633.302, 633.304, 633.306, 633.308,
 2527  633.312, 633.314, 633.316, 633.318, 633.322, 633.324, 633.326,
 2528  633.328, 633.332, 633.334, 633.336, 633.338, 633.342, 633.344,
 2529  633.346, 633.348, and 633.3482, Florida Statutes, to be entitled
 2530  “Fire Protection and Suppression.”
 2531         Section 34. Section 633.511, Florida Statutes, is
 2532  transferred, renumbered as section 633.302, Florida Statutes,
 2533  and amended to read:
 2534         633.302 633.511 Florida Fire Safety Board; membership;
 2535  duties; meetings; officers; quorum; compensation; seal.—
 2536         (1) The Florida Fire Safety Board is created consisting of
 2537  seven members who are citizens and residents of this state. One
 2538  shall be the State Fire Marshal, or her or his designee
 2539  designated appointee who shall be an administrative employee of
 2540  the marshal; one shall be an administrative officer from a
 2541  building department representing an incorporated municipality or
 2542  a county; one shall be an administrative officer from a fire
 2543  department representing an incorporated municipality or a
 2544  county; two shall be contractors licensed pursuant to s. 633.318
 2545  633.521; and two shall be persons who hold valid licenses under
 2546  s. 633.304 633.061.
 2547         (2)(a) To be eligible for appointment, each contractor must
 2548  shall personally hold a current certificate of competency and a
 2549  current license issued by the division State Fire Marshal,
 2550  together with an unexpired occupational license to operate as a
 2551  contractor issued by an incorporated municipality or a county;
 2552  be actively engaged in such business and have been so engaged
 2553  for a period of not less than 5 consecutive years before the
 2554  date of her or his appointment; and be a citizen and resident of
 2555  the state.
 2556         (b) To be eligible for appointment, each fire equipment
 2557  dealer must shall personally hold a current Class A, B, or C and
 2558  Class D fire equipment dealer license issued by the division
 2559  State Fire Marshal, together with an unexpired occupational
 2560  license to operate as a fire equipment dealer issued by an
 2561  incorporated municipality or a county; must shall be actively
 2562  engaged in such business and have been so engaged for a period
 2563  of not less than 5 consecutive years before the date of
 2564  appointment; and must shall be a citizen and resident of this
 2565  state.
 2566         (3) The State Fire Marshal’s term on the board, or that of
 2567  her or his designee designated administrative employee, shall
 2568  coincide with the State Fire Marshal’s term of office. Of the
 2569  other six members of the board, one member shall be appointed
 2570  for a term of 1 year, one member for a term of 2 years, two
 2571  members for terms of 3 years, and two members for terms of 4
 2572  years. All terms expire on June 30 of the last year of the term.
 2573  When Effective July 1, 1997, as the term of a each member
 2574  expires, the State Fire Marshal shall appoint a member to fill
 2575  the vacancy for a term of 4 years. The State Fire Marshal may
 2576  remove any appointed member for cause. A vacancy in the
 2577  membership of the board for any cause shall be filled by
 2578  appointment by the State Fire Marshal for the balance of the
 2579  unexpired term.
 2580         (4) The board shall act in an advisory capacity to the
 2581  State Fire Marshal and shall meet regularly as the need presents
 2582  itself. The board shall have the authority to review complaints
 2583  and disputed administrative action and make recommendations for
 2584  disciplinary action to the division at the request of the
 2585  licenseholder, permitholder, or certificateholder. The board
 2586  will serve in an advisory capacity to the division regarding
 2587  rules, codes, standards, interpretations, and training. As soon
 2588  as practicable after July 1, 2013, the board shall meet to elect
 2589  officers from its membership, whose terms shall expire on June
 2590  30 and annually thereafter. A majority of the board shall
 2591  constitute a quorum. A member of the advisory board may not be
 2592  paid a salary as such member, but shall be reimbursed for
 2593  necessary expenses while attending advisory board meetings,
 2594  including travel in the performance of her or his duties, as
 2595  provided in s. 112.061.
 2596         (5) The board shall adopt a seal for its use containing the
 2597  words “Florida Fire Safety Board.”
 2598         Section 35. Section 633.061, Florida Statutes, is
 2599  transferred and renumbered as section 633.304, Florida Statutes,
 2600  and subsections (1) through (4) and subsection (9) of that
 2601  section are amended, to read:
 2602         633.304 633.061 Fire suppression equipment; license to
 2603  install or maintain.—
 2604         (1) It is unlawful for any organization or individual to
 2605  engage in the business of servicing, repairing, recharging,
 2606  testing, marking, inspecting, installing, or hydrotesting any
 2607  fire extinguisher or preengineered system in this state except
 2608  in conformity with the provisions of this chapter. Each
 2609  organization or individual that engages in such activity must
 2610  possess a valid and subsisting license issued by the division
 2611  State Fire Marshal. All fire extinguishers and preengineered
 2612  systems required by statute or by rule must be serviced by an
 2613  organization or individual licensed under the provisions of this
 2614  chapter. A licensee who receives appropriate training shall not
 2615  be prohibited by a manufacturer from servicing any particular
 2616  brand of fire extinguisher or preengineered system. The licensee
 2617  is legally qualified to act for the business organization in all
 2618  matters connected with its business, and the licensee must
 2619  supervise all activities undertaken by such business
 2620  organization. Each licensee shall maintain a specific business
 2621  location. A further requirement, in the case of multiple
 2622  locations where such servicing or recharging is taking place, is
 2623  that each licensee who maintains more than one place of business
 2624  where actual work is carried on must possess an additional
 2625  license, as set forth in this section, for each location, except
 2626  that a licensed individual may not qualify for more than five
 2627  locations. A licensee is limited to a specific type of work
 2628  performed depending upon the class of license held. Licenses and
 2629  license fees are required for the following:
 2630         (a) Class A: 	$250
 2631  To service, recharge, repair, install, or inspect all types of
 2632  fire extinguishers and to conduct hydrostatic tests on all types
 2633  of fire extinguishers.
 2634         (b) Class B: 	$150
 2635  To service, recharge, repair, install, or inspect all types of
 2636  fire extinguishers, including recharging carbon dioxide units
 2637  and conducting hydrostatic tests on all types of fire
 2638  extinguishers, except carbon dioxide units.
 2639         (c) Class C: 	$150
 2640  To service, recharge, repair, install, or inspect all types of
 2641  fire extinguishers, except recharging carbon dioxide units, and
 2642  to conduct hydrostatic tests on all types of fire extinguishers,
 2643  except carbon dioxide units.
 2644         (d) Class D: 	$200
 2645  To service, repair, recharge, hydrotest, install, or inspect all
 2646  types of preengineered fire extinguishing systems.
 2647         (e) Licenses issued as duplicates or to reflect a change of
 2648  address	$10
 2649  
 2650  Any fire equipment dealer licensed pursuant to this subsection
 2651  who does not want to engage in the business of servicing,
 2652  inspecting, recharging, repairing, hydrotesting, or installing
 2653  halon equipment must file an affidavit on a form provided by the
 2654  division so stating. Licenses will be issued by the division to
 2655  show reflect the work authorized thereunder. It is unlawful,
 2656  unlicensed activity for a any person or firm to falsely hold
 2657  himself or herself or a business organization out to perform any
 2658  service, inspection, recharge, repair, hydrotest, or
 2659  installation except as specifically described in the license. A
 2660  fire equipment dealer licensed pursuant to this subsection who
 2661  wishes to withdraw a previously filed halon equipment exemption
 2662  affidavit and engage in the business of servicing, inspecting,
 2663  recharging, repairing, hydrotesting, or installing halon
 2664  equipment must submit a written statement requesting the
 2665  withdrawal to the division. The dealer must also submit to an
 2666  inspection by the State Fire Marshal or her or his designee in
 2667  order to determine that the dealer possesses the equipment
 2668  required to service, inspect, recharge, repair, hydrotest, or
 2669  install halon equipment.
 2670         (2) A person who holds a valid fire equipment dealer
 2671  license may maintain such license in an inactive status during
 2672  which time he or she may not engage in any work under the
 2673  definition of the license held. An inactive status license shall
 2674  be void after 4 2 years or when at the time that the license is
 2675  renewed, whichever comes first. The biennial renewal fee for an
 2676  inactive status license shall be $75. An inactive status license
 2677  may not be reactivated unless the continuing education
 2678  requirements of this chapter have been fulfilled.
 2679         (3) Each individual actually performing the work of
 2680  servicing, recharging, repairing, hydrotesting, installing,
 2681  testing, or inspecting fire extinguishers or preengineered
 2682  systems must possess a valid and subsisting permit issued by the
 2683  division State Fire Marshal. Permittees are limited as to
 2684  specific type of work performed to allow work no more extensive
 2685  than the class of license held by the licensee under whom the
 2686  permittee is working. Permits will be issued by the division and
 2687  the fees required are as follows:
 2688         (a) Portable permit:	$90 “Portable permittee” means a
 2689  person who is limited to performing work no more extensive than
 2690  the employing licensee in the servicing, recharging, repairing,
 2691  installing, or inspecting all types of portable fire
 2692  extinguishers.
 2693         (b) Preengineered permit:	$120 “Preengineered
 2694  permittee” means a person who is limited to the servicing,
 2695  recharging, repairing, installing, or inspecting of all types of
 2696  preengineered fire extinguishing systems.
 2697         (c) Permits issued as duplicates or to reflect a change of
 2698  address	$10
 2699  
 2700  Any fire equipment permittee licensed pursuant to this
 2701  subsection who does not want to engage in servicing, inspecting,
 2702  recharging, repairing, hydrotesting, or installing halon
 2703  equipment must file an affidavit on a form provided by the
 2704  division so stating. Permits will be issued by the division to
 2705  show reflect the work authorized thereunder. It is unlawful,
 2706  unlicensed activity for a any person or firm to falsely hold
 2707  himself or herself out to perform any service, inspection,
 2708  recharge, repair, hydrotest, or installation except as
 2709  specifically described in the permit.
 2710         (4)(a) Such licenses and permits shall be issued by the
 2711  division State Fire Marshal for 2 years beginning January 1,
 2712  2000, and each 2-year period thereafter and expiring December 31
 2713  of the second year. All licenses or permits issued will expire
 2714  on December 31 of each odd-numbered year. The failure to renew a
 2715  license or permit by December 31 of the second year will cause
 2716  the license or permit to become inoperative. The holder of an
 2717  inoperative license or permit may shall not engage in any
 2718  activities for which a license or permit is required by this
 2719  section. A license or permit which is inoperative because of the
 2720  failure to renew it shall be restored upon payment of the
 2721  applicable fee plus a penalty equal to the applicable fee, if
 2722  the application for renewal is filed no later than the following
 2723  March 31. If the application for restoration is not made before
 2724  the March 31st deadline, the fee for restoration shall be equal
 2725  to the original application fee and the penalty provided for
 2726  herein, and, in addition, the State Fire Marshal shall require
 2727  reexamination of the applicant. The fee for a license or permit
 2728  issued for 1 year or less shall be prorated at 50 percent of the
 2729  applicable fee for a biennial license or permit.
 2730         (b) After initial licensure, each licensee or permittee
 2731  must successfully complete a course or courses of continuing
 2732  education for fire equipment technicians of at least 16 hours. A
 2733  license or permit may not be renewed unless the licensee or
 2734  permittee produces documentation of the completion of at least
 2735  16 hours of continuing education for fire equipment technicians
 2736  during the biennial licensure period. A person who is both a
 2737  licensee and a permittee shall be required to complete 16 hours
 2738  of continuing education during each renewal period. Each
 2739  licensee shall ensure that all permittees in his or her
 2740  employment meet their continuing education requirements. The
 2741  State Fire Marshal shall adopt rules describing the continuing
 2742  education requirements and shall have the authority upon
 2743  reasonable belief, to audit a fire equipment dealer to determine
 2744  compliance with continuing education requirements.
 2745         (c)(b) The forms of such licenses and permits and
 2746  applications therefor shall be prescribed by the State Fire
 2747  Marshal; in addition to such other information and data as that
 2748  officer determines is appropriate and required for such forms,
 2749  there shall be included in such forms the following matters.
 2750  Each such application must shall be in such form as to provide
 2751  that the data and other information set forth therein shall be
 2752  sworn to by the applicant or, if a corporation, by an officer
 2753  thereof. An application for a permit must shall include the name
 2754  of the licensee employing such permittee, and the permit issued
 2755  in pursuance of such application must shall also set forth the
 2756  name of such licensee. A permit is valid solely for use by the
 2757  holder thereof in his or her employment by the licensee named in
 2758  the permit.
 2759         (d)(c) A license of any class may shall not be issued or
 2760  renewed by the division State Fire Marshal and a license of any
 2761  class does shall not remain operative unless:
 2762         1. The applicant has submitted to the State Fire Marshal
 2763  evidence of registration as a Florida corporation or evidence of
 2764  compliance with s. 865.09.
 2765         2. The State Fire Marshal or his or her designee has by
 2766  inspection determined that the applicant possesses the equipment
 2767  required for the class of license sought. The State Fire Marshal
 2768  shall give an applicant a reasonable opportunity to correct any
 2769  deficiencies discovered by inspection. To obtain such
 2770  inspection, an applicant with facilities located outside this
 2771  state must:
 2772         a. Provide a notarized statement from a professional
 2773  engineer licensed by the applicant’s state of domicile
 2774  certifying that the applicant possesses the equipment required
 2775  for the class of license sought and that all such equipment is
 2776  operable; or
 2777         b. Allow the State Fire Marshal or her or his designee to
 2778  inspect the facility. All costs associated with the State Fire
 2779  Marshal’s inspection shall be paid by the applicant. The State
 2780  Fire Marshal, in accordance with s. 120.54, may adopt rules to
 2781  establish standards for the calculation and establishment of the
 2782  amount of costs associated with any inspection conducted by the
 2783  State Fire Marshal under this section. Such rules shall include
 2784  procedures for invoicing and receiving funds in advance of the
 2785  inspection A fee of $50, payable to the State Fire Marshal,
 2786  shall be required for any subsequent reinspection.
 2787         3. The applicant has submitted to the State Fire Marshal
 2788  proof of insurance providing coverage for comprehensive general
 2789  liability for bodily injury and property damage, products
 2790  liability, completed operations, and contractual liability. The
 2791  State Fire Marshal shall adopt rules providing for the amounts
 2792  of such coverage, but such amounts shall not be less than
 2793  $300,000 for Class A or Class D licenses, $200,000 for Class B
 2794  licenses, and $100,000 for Class C licenses; and the total
 2795  coverage for any class of license held in conjunction with a
 2796  Class D license may shall not be less than $300,000. The State
 2797  Fire Marshal may, at any time after the issuance of a license or
 2798  its renewal, require upon demand, and in no event more than 30
 2799  days after notice of such demand, the licensee to provide proof
 2800  of insurance, on a form provided by the State Fire Marshal,
 2801  containing confirmation of insurance coverage as required by
 2802  this chapter. Failure, for any length of time, to provide proof
 2803  of insurance coverage as required shall result in the immediate
 2804  suspension of the license until proof of proper insurance is
 2805  provided to the State Fire Marshal. An insurer which provides
 2806  such coverage shall notify the State Fire Marshal of any change
 2807  in coverage or of any termination, cancellation, or nonrenewal
 2808  of any coverage.
 2809         4. The applicant applies to the State Fire Marshal,
 2810  provides proof of experience, and successfully completes a
 2811  prescribed training course offered by the State Fire College or
 2812  an equivalent course approved by the State Fire Marshal. This
 2813  subparagraph does not apply to any holder of or applicant for a
 2814  permit under paragraph (g) (f) or to a business organization or
 2815  a governmental entity seeking initial licensure or renewal of an
 2816  existing license solely for the purpose of inspecting,
 2817  servicing, repairing, marking, recharging, and maintaining fire
 2818  extinguishers used and located on the premises of and owned by
 2819  such organization or entity.
 2820         5. The applicant has a current retestor identification
 2821  number that is appropriate for the license for which the
 2822  applicant is applying and that is listed with the United States
 2823  Department of Transportation.
 2824         6. The applicant has passed, with a grade of at least 70
 2825  percent, a written examination testing his or her knowledge of
 2826  the rules and statutes governing regulating the activities
 2827  authorized by the license and demonstrating his or her knowledge
 2828  and ability to perform those tasks in a competent, lawful, and
 2829  safe manner. Such examination shall be developed and
 2830  administered by the State Fire Marshal, or his or her designee
 2831  in accordance with policies and procedures of the State Fire
 2832  Marshal. An applicant shall pay a nonrefundable examination fee
 2833  of $50 for each examination or reexamination scheduled. A No
 2834  reexamination may not shall be scheduled sooner than 30 days
 2835  after any administration of an examination to an applicant. An
 2836  No applicant may not shall be permitted to take an examination
 2837  for any level of license more than a total of four times during
 2838  1 year, regardless of the number of applications submitted. As a
 2839  prerequisite to licensure of the applicant, he or she:
 2840         a. Must be at least 18 years of age.
 2841         b. Must have 4 years of proven experience as a fire
 2842  equipment permittee at a level equal to or greater than the
 2843  level of license applied for or have a combination of education
 2844  and experience determined to be equivalent thereto by the State
 2845  Fire Marshal. Having held a permit at the appropriate level for
 2846  the required period constitutes the required experience.
 2847         c. Must not have been convicted of a felony or a crime
 2848  punishable by imprisonment of 1 year or more under the law of
 2849  the United States or of any state thereof or under the law of
 2850  any other country, or pled nolo contendere to, any felony.
 2851  “Convicted” means a finding of guilt or the acceptance of a plea
 2852  of guilty or nolo contendere in any federal or state court or a
 2853  court in any other country, without regard to whether a judgment
 2854  of conviction has been entered by the court having jurisdiction
 2855  of the case. If an applicant has been convicted of any such
 2856  felony, the applicant shall be excluded from licensure for a
 2857  period of 4 years after expiration of sentence or final release
 2858  by the Parole Commission unless the applicant, before the
 2859  expiration of the 4-year period, has received a full pardon or
 2860  has had her or his civil rights restored must comply with s.
 2861  112.011(1)(b).
 2862  
 2863  This subparagraph does not apply to any holder of or applicant
 2864  for a permit under paragraph (g) (f) or to a business
 2865  organization or a governmental entity seeking initial licensure
 2866  or renewal of an existing license solely for the purpose of
 2867  inspecting, servicing, repairing, marking, recharging,
 2868  hydrotesting, and maintaining fire extinguishers used and
 2869  located on the premises of and owned by such organization or
 2870  entity.
 2871         (d) An applicant who fails the examination may take it
 2872  three more times during the 1-year period after he or she
 2873  originally filed an application for the examination. If the
 2874  applicant fails the examination within 1 year after the
 2875  application date and seeks to retake the examination, he or she
 2876  must file a new application, pay the application and examination
 2877  fees, and successfully complete a prescribed training course
 2878  approved by the State Fire College or an equivalent course
 2879  approved by the State Fire Marshal. An applicant may not submit
 2880  a new application within 6 months after the date of his or her
 2881  last reexamination.
 2882         (e) A fire equipment dealer licensed under this section may
 2883  apply to convert upgrade the license currently held to a higher
 2884  licensing category, if the licensed dealer:
 2885         1. Submits an application for the license on a form in
 2886  conformance with paragraph (c) (b). The application must be
 2887  accompanied by a fee as prescribed in s. 633.132 subsection (1)
 2888  for the type of license requested.
 2889         2. Provides evidence of 2 years’ experience as a licensed
 2890  dealer and meets such relevant educational requirements as are
 2891  established by rule by the State Fire Marshal for purposes of
 2892  upgrading a license.
 2893         3. Meets the requirements of paragraph (d) (c).
 2894         (f) A fire equipment dealer licensed under this section may
 2895  apply to convert the license currently held to a lower licensing
 2896  category, if the licensed dealer:
 2897         1. Submits an application for the license on a form in
 2898  conformance with paragraph (c). The application must be
 2899  accompanied by a fee as prescribed in s. 633.132 for the type of
 2900  license requested.
 2901         2. Submits proof of insurance providing coverage meeting
 2902  the requirements prescribed in subparagraph (d)3.
 2903         3. Submits to an inspection of the facility to ensure all
 2904  equipment associated with the higher class of license has been
 2905  removed and submits the required reinspection fee.
 2906         (g)A No permit of any class may not shall be issued or
 2907  renewed to a person by the division State Fire Marshal, and a no
 2908  permit of any class does not shall remain operative, unless the
 2909  person has:
 2910         1. Submitted a nonrefundable examination fee in the amount
 2911  of $50.;
 2912         2. Successfully completed a training course offered by the
 2913  State Fire College or an equivalent course approved by the State
 2914  Fire Marshal.; and
 2915         3. Passed, with a grade of at least 70 percent, a written
 2916  examination testing his or her knowledge of the rules and
 2917  statutes governing regulating the activities authorized by the
 2918  permit and demonstrating his or her knowledge and ability to
 2919  perform those tasks in a competent, lawful, and safe manner.
 2920  Such examination must shall be developed and administered by the
 2921  State Fire Marshal in accordance with the policies and
 2922  procedures of the State Fire Marshal. An examination fee must
 2923  shall be paid for each examination scheduled. A No reexamination
 2924  may not shall be scheduled sooner than 30 days after any
 2925  administration of an examination to an applicant. An No
 2926  applicant may not shall be permitted to take an examination for
 2927  any level of permit more than four times during 1 year,
 2928  regardless of the number of applications submitted. As a
 2929  prerequisite to taking the permit examination, the applicant
 2930  must be at least 16 years of age.
 2931         (h)(g) An applicant for a license or permit under this
 2932  section who fails the examination may take it three more times
 2933  during the 1-year period after he or she originally filed an
 2934  application for the examination. If the applicant fails the
 2935  examination within 1 year after the application date and he or
 2936  she seeks to retake the examination, he or she must file a new
 2937  application, pay the application and examination fees, and
 2938  successfully complete a prescribed training course offered by
 2939  the State Fire College or an equivalent course approved by the
 2940  State Fire Marshal. The applicant may not submit a new
 2941  application within 6 months after the date of his or her fourth
 2942  last reexamination. An applicant who passes the examination but
 2943  does not meet the remaining qualifications prescribed by law and
 2944  rule within 1 year after the application date must file a new
 2945  application, pay the application and examination fee,
 2946  successfully complete a prescribed training course approved by
 2947  the State Fire College or an equivalent course approved by the
 2948  State Fire Marshal, and pass the written examination.
 2949         (9) The provisions of This section does chapter do not
 2950  apply to inspections by fire chiefs, fire inspectors, fire
 2951  marshals, or insurance company inspectors.
 2952         Section 36. Section 633.065, Florida Statutes, is
 2953  transferred and renumbered as section 633.306, Florida Statutes,
 2954  and paragraph (a) of subsection (1) of that section is amended,
 2955  to read:
 2956         633.306 633.065 Requirements for installation, inspection,
 2957  and maintenance of fire suppression equipment.—
 2958         (1) The requirements for installation of fire extinguishers
 2959  and preengineered systems are as follows:
 2960         (a) Fire equipment dealers shall be licensed under s.
 2961  633.304 633.061.
 2962         Section 37. Section 633.071, Florida Statutes, is
 2963  transferred and renumbered as section 633.308, Florida Statutes,
 2964  and subsection (2) of that section is amended, to read:
 2965         633.308 633.071 Standard service tag required on all fire
 2966  extinguishers and preengineered systems; serial number required
 2967  on all portable fire extinguishers; standard inspection tags
 2968  required on all fire protection systems.—
 2969         (2) All portable fire extinguishers required by statute or
 2970  by rule must shall be listed by Underwriters Laboratories, Inc.,
 2971  or approved by Factory Mutual Laboratories, Inc., or listed by a
 2972  nationally recognized testing laboratory in accordance with
 2973  procedures adopted pursuant to s. 633.314(2) 633.083(2), and
 2974  carry an Underwriters Laboratories, Inc., or manufacturer’s
 2975  serial number. These listings, approvals, and serial numbers may
 2976  be stamped on the manufacturer’s identification and instructions
 2977  plate or on a separate Underwriters Laboratories, Inc., or
 2978  Factory Mutual Laboratories, Inc., plate soldered or attached to
 2979  the extinguisher shell in some permanent manner.
 2980         Section 38. Section 633.082, Florida Statutes, is
 2981  transferred and renumbered as section 633.312, Florida Statutes,
 2982  and subsections (2) and (3) of that section are amended, to
 2983  read:
 2984         633.312 633.082 Inspection of fire control systems, fire
 2985  hydrants, and fire protection systems.—
 2986         (2) Fire hydrants and fire protection systems installed in
 2987  public and private properties, except one-family or two-family
 2988  dwellings, shall be inspected following procedures established
 2989  in the nationally recognized inspection, testing, and
 2990  maintenance standards publications NFPA-24 and NFPA-25 as set
 2991  forth in the edition adopted by the State Fire Marshal.
 2992  Quarterly, annual, 3-year, and 5-year inspections consistent
 2993  with the contractual provisions with the owner shall be
 2994  conducted by the certificateholder or permittees employed by the
 2995  certificateholder pursuant to s. 633.318 633.521, except that:
 2996         (a) Public fire hydrants owned by a governmental entity
 2997  shall be inspected following procedures established in the
 2998  inspection, testing, and maintenance standards adopted by the
 2999  State Fire Marshal or equivalent standards such as those
 3000  contained in the latest edition of the American Water Works
 3001  Association’s Manual M17, “Installation, Field Testing, and
 3002  Maintenance of Fire Hydrants.”
 3003         (b) County, municipal, and special district utilities may
 3004  perform fire hydrant inspections required by this section using
 3005  designated employees. Such designated employees need not be
 3006  certified under this chapter. However, counties, municipalities,
 3007  or special districts that use designated employees are
 3008  responsible for ensuring that the designated employees are
 3009  qualified to perform such inspections.
 3010         (3) The inspecting contractor shall provide to the building
 3011  owner or hydrant owner and the local authority having
 3012  jurisdiction a copy of the applicable inspection report
 3013  established under this chapter. The maintenance of fire hydrant
 3014  and fire protection systems as well as corrective actions on
 3015  deficient systems is the responsibility of the owner of the
 3016  system or hydrant. Equipment requiring periodic testing or
 3017  operation to ensure its maintenance shall be tested or operated
 3018  as specified in the Fire Prevention Code, Life Safety Code,
 3019  National Fire Protection Association standards, or as directed
 3020  by the appropriate authority agency having jurisdiction,
 3021  provided that such appropriate authority may agency shall not
 3022  require a sprinkler system not required by the Fire Prevention
 3023  Code, Life Safety Code, or National Fire Protection Association
 3024  standards to be removed regardless of its condition. This
 3025  section does not prohibit governmental entities from inspecting
 3026  and enforcing firesafety codes.
 3027         Section 39. Section 633.083, Florida Statutes, is
 3028  transferred and renumbered as section 633.314, Florida Statutes,
 3029  and subsection (3) of that section is amended, to read:
 3030         633.314 633.083 Sale or use of certain types of fire
 3031  extinguishers prohibited; penalty.—
 3032         (3) A person who violates any of the provisions of this
 3033  section commits is guilty of a misdemeanor of the second degree,
 3034  punishable as provided in s. 775.082 or s. 775.083.
 3035         Section 40. Section 633.162, Florida Statutes, is
 3036  transferred and renumbered as section 633.316, Florida Statutes,
 3037  and subsection (1) and paragraph (e) of subsection (4) of that
 3038  section are amended, to read:
 3039         633.316 633.162 Fire suppression system contractors;
 3040  disciplinary action.—
 3041         (1) The violation of any provision of this chapter or any
 3042  rule adopted and adopted promulgated pursuant hereto or the
 3043  failure or refusal to comply with any notice or order to correct
 3044  a violation or any cease and desist order by a any person who
 3045  possesses a license or permit issued pursuant to s. 633.304
 3046  633.061 is cause for denial, nonrenewal, revocation, or
 3047  suspension of such license or permit by the State Fire Marshal
 3048  after such officer has determined that the person committed is
 3049  guilty of such violation. An order of suspension must shall
 3050  state the period of time of such suspension, which period may
 3051  not be in excess of 2 years from the date of such order. An
 3052  order of revocation may be entered for a period not exceeding 5
 3053  years. Such orders shall effect suspension or revocation of all
 3054  licenses or permits issued by the division to then held by the
 3055  person, and during such period a of time no license or permit
 3056  may not shall be issued by the division to such person. During
 3057  the suspension or revocation of any license or permit, the
 3058  former licensee or permittee may shall not engage in or attempt
 3059  or profess to engage in any transaction or business for which a
 3060  license or permit is required under this chapter or directly or
 3061  indirectly own, control, or be employed in any manner by any
 3062  firm, business, or corporation for which a license or permit
 3063  under this chapter is required. If, during the period between
 3064  the beginning of proceedings and the entry of an order of
 3065  suspension or revocation by the State Fire Marshal, a new
 3066  license or permit has been issued by the division to the person
 3067  so charged, the order of suspension or revocation shall operate
 3068  to suspend or revoke such new license or permit held by such
 3069  person.
 3070         (4) In addition to the grounds set forth in subsection (1),
 3071  it is cause for denial, nonrenewal, revocation, or suspension of
 3072  a license or permit by the State Fire Marshal if she or he
 3073  determines that the licensee or permittee has:
 3074         (e) Failed to provide proof of insurance to the State Fire
 3075  Marshal or failed to maintain in force the insurance coverage
 3076  required by s. 633.304 633.061.
 3077         Section 41. Section 633.521, Florida Statutes, is
 3078  transferred and renumbered as section 633.318, Florida Statutes,
 3079  and subsection (1), paragraph (a) of subsection (2), paragraphs
 3080  (c) and (g) of subsection (3), and subsections (4), (8), and
 3081  (11) of that section are amended, to read:
 3082         633.318 633.521 Certificate application and issuance;
 3083  permit issuance; examination and investigation of applicant.—
 3084         (1) To obtain a fire protection system contractor’s
 3085  certificate, an applicant shall submit to the division State
 3086  Fire Marshal an application in writing, on a form provided by
 3087  the division State Fire Marshal containing the information
 3088  prescribed, which shall be accompanied by the fee fixed herein,
 3089  containing a statement that the applicant desires the issuance
 3090  of a certificate and stating the class of certificate requested.
 3091         (2)(a) Examinations shall be administered by the division
 3092  State Fire Marshal and held at times and places within the state
 3093  as the division State Fire Marshal determines, but there shall
 3094  be at least two examinations a year. Each applicant shall take
 3095  and pass an objective, written examination of her or his fitness
 3096  for a certificate in the class for which the application is
 3097  requested. There shall be a type of examination for each class
 3098  of certificate for contractors as of the classes of certificates
 3099  defined in s. 633.102 633.021(5). The examination must shall
 3100  test the applicant’s ability to lay out, fabricate, install,
 3101  alter, repair, and inspect fire protection systems and their
 3102  appurtenances and must shall test the applicant’s fitness in
 3103  business and financial management. The test must shall be based
 3104  on applicable standards of the National Fire Protection
 3105  Association and on relevant Florida and federal laws pertaining
 3106  to the construction industry, safety standards, administrative
 3107  procedures, and pertinent technical data.
 3108         (3)
 3109         (c) Required education and experience for certification as
 3110  a Contractor I, Contractor II, Contractor III, or Contractor IV
 3111  includes training and experience in both installation and system
 3112  layout as defined in s. 633.102 633.021.
 3113         (g) Within 30 days after the date of the examination, the
 3114  division State Fire Marshal shall inform the applicant in
 3115  writing whether she or he has qualified or not and, if the
 3116  applicant has qualified, that she or he is eligible ready to be
 3117  issued issue a certificate of competency, subject to compliance
 3118  with the requirements of subsection (4).
 3119         (4) As a prerequisite to issuance of a certificate, the
 3120  division must State Fire Marshal shall require the applicant to
 3121  submit satisfactory evidence that she or he has obtained
 3122  insurance providing coverage for comprehensive general liability
 3123  for bodily injury and property damages, products liability,
 3124  completed operations, and contractual liability. The division
 3125  State Fire Marshal may adopt rules providing for the amount of
 3126  insurance, but such amount shall not be less than $500,000 for a
 3127  Contractor I, Contractor II, Contractor III, or Contractor V and
 3128  shall not be less than $250,000 for a Contractor IV. An insurer
 3129  which provides such coverage shall notify within 30 days the
 3130  division within 30 days State Fire Marshal of any material
 3131  change in coverage or any termination, cancellation, or
 3132  nonrenewal of such coverage. An insurer which fails to so notify
 3133  the division State Fire Marshal’s office shall be subject to the
 3134  penalties provided under s. 624.4211.
 3135         (8) An individual employed by a Contractor I or Contractor
 3136  II certificateholder, as established in this section, who will
 3137  be inspecting water-based fire protection systems as required
 3138  under s. 633.312 633.082, must be issued a permit by the
 3139  division State Fire Marshal to conduct such work. The permit is
 3140  valid solely for use by the holder thereof in his or her
 3141  employment by the certificateholder named in the permit. A
 3142  permittee must have a valid and subsisting permit upon his or
 3143  her person at all times while engaging in inspecting fire
 3144  protection systems, and a permitholder must be able to produce
 3145  such a permit upon demand. In addition, a permittee shall, at
 3146  all times while performing inspections, carry an identification
 3147  card containing his or her photograph and other identifying
 3148  information as prescribed by the State Fire Marshal, and the
 3149  permittee must produce the identification card and information
 3150  upon demand. The permit and the identification may be one and
 3151  the same. A permittee is limited as to the specific type of work
 3152  performed, depending upon the class of certificate held by the
 3153  certificateholder under whom the permittee is working. The
 3154  permit class shall be known as a Water-Based Fire Protection
 3155  Inspector whose permit allows the holder to inspect water
 3156  sprinkler systems, water spray systems, foam-water sprinkler
 3157  systems, foam-water spray systems, standpipes, combination
 3158  standpipes and sprinkler systems, all piping that is an integral
 3159  part of the system beginning at the point where the piping is
 3160  used exclusively for fire protection, sprinkler tank heaters,
 3161  air lines, thermal systems used in connection with sprinklers,
 3162  and tanks and pumps connected thereto, excluding preengineered
 3163  systems.
 3164         (11) It is intended that a certificateholder, or a
 3165  permitholder who is employed by a certificateholder, conduct
 3166  inspections required by this chapter. It is understood that
 3167  after July 1, 2008, employee turnover may result in a depletion
 3168  of personnel who are certified under the NICET Sub-field of
 3169  Inspection and Testing of Fire Protection Systems Level II or
 3170  equivalent training and education as required by the division of
 3171  State Fire Marshal. A certificateholder may obtain a provisional
 3172  permit with an endorsement for inspection, testing, and
 3173  maintenance of water-based fire extinguishing systems for an
 3174  employee if the employee has initiated procedures for obtaining
 3175  Level II certification from the National Institute for
 3176  Certification in Engineering Technologies Sub-field of
 3177  Inspection and Testing of Fire Protection Systems and achieved
 3178  Level I certification or an equivalent level as determined by
 3179  the State Fire Marshal through verification of experience,
 3180  training, and examination. The division State Fire Marshal may
 3181  establish rules to administer this subsection. After 2 years of
 3182  provisional certification, the employee must have achieved NICET
 3183  Level II certification or obtain equivalent training and
 3184  education as determined by the division, or cease performing
 3185  inspections requiring Level II certification. The provisional
 3186  permit is valid only for the 2 calendar years after the date of
 3187  issuance, may not be extended, and is not renewable. After the
 3188  initial 2-year provisional permit expires, the certificateholder
 3189  must wait 2 additional years before a new provisional permit may
 3190  be issued. The intent is to prohibit the certificateholder from
 3191  using employees who never reach NICET Level II status, or
 3192  equivalent training and education as determined by the division,
 3193  by continuously obtaining provisional permits.
 3194         Section 42. Section 633.551, Florida Statutes, is
 3195  transferred and renumbered as section 633.322, Florida Statutes,
 3196  and subsections (1) through (3) of that section are amended, to
 3197  read:
 3198         633.322 633.551 County, and municipal, and special district
 3199  powers; effect of ch. 75-240.—
 3200         (1) Nothing in This chapter does not limit act limits the
 3201  power of a municipality, or county, or special district to
 3202  regulate the quality and character of work performed by
 3203  contractors through a system of permits, fees, and inspections
 3204  which are designed to secure compliance with, and aid in the
 3205  implementation of, state and local building laws or to enforce
 3206  other local laws for the protection of the public health and
 3207  safety.
 3208         (2) Nothing in This chapter does not limit act limits the
 3209  power of a municipality, or county, or special district to adopt
 3210  any system of permits requiring submission to and approval by
 3211  the municipality, or county, or special district of plans and
 3212  specifications for work to be performed by contractors before
 3213  commencement of the work, except that a no municipality, or
 3214  county, or special district may not shall require a fire
 3215  protection system contractor’s shop drawings to be sealed by a
 3216  professional engineer.
 3217         (3) An Any official authorized to issue building or other
 3218  related permits shall ascertain that the applicant contractor is
 3219  duly certified before issuing the permit. The evidence shall
 3220  consist only of the exhibition to him or her of current evidence
 3221  of current certification.
 3222         Section 43. Section 633.527, Florida Statutes, is
 3223  transferred and renumbered as section 633.324, Florida Statutes.
 3224         Section 44. Section 633.531, Florida Statutes, is
 3225  transferred and renumbered as section 633.326, Florida Statutes.
 3226         Section 45. Section 633.534, Florida Statutes, is
 3227  transferred and renumbered as section 633.328, Florida Statutes,
 3228  and subsection (4) of that section is amended, to read:
 3229         633.328 633.534 Issuance of certificate to individuals and
 3230  business organizations.—
 3231         (4) If When the certified business organization makes
 3232  application for an occupational license in any municipality or
 3233  county of this state, the application must shall be made with
 3234  the tax collector in the name of the business organization, and
 3235  the license, when issued, shall be issued to the business
 3236  organization upon payment of the appropriate licensing fee and
 3237  exhibition to the tax collector of a valid certificate issued by
 3238  the division State Fire Marshal.
 3239         Section 46. Section 633.537, Florida Statutes, is
 3240  transferred and renumbered as section 633.332, Florida Statutes,
 3241  and subsections (1) and (2) and paragraph (a) of subsection (3)
 3242  of that section are amended, to read:
 3243         633.332 633.537 Certificate; expiration; renewal; inactive
 3244  certificate; continuing education.—
 3245         (1) Certificates shall expire every 2 years at midnight on
 3246  June 30. Effective with the June 30, 1998, renewal, All
 3247  certificates must be renewed every 2 years. The failure to renew
 3248  a certificate before during June 30, shall cause the certificate
 3249  to become inoperative, and it is unlawful thereafter for a any
 3250  person to engage, offer to engage, or hold herself or himself
 3251  out as engaging in contracting under the certificate unless the
 3252  certificate is restored or reissued. A certificate which is
 3253  inoperative because of failure to renew shall be restored on
 3254  payment of the proper renewal fee if the application for
 3255  restoration is made within 90 days after June 30. If the
 3256  application for restoration is not made within the 90-day
 3257  period, the fee for restoration must shall be equal to the
 3258  original application fee, and, in addition, the State Fire
 3259  Marshal must shall require examination or reexamination of the
 3260  applicant.
 3261         (2) A person who holds a valid certificate may maintain
 3262  such certificate in an inactive status during which time she or
 3263  he may not engage in contracting. An inactive status certificate
 3264  shall be void after a 2-year period. The biennial renewal fee
 3265  for an inactive status certificate shall be $75. An inactive
 3266  status certificate may be reactivated upon application to the
 3267  State Fire Marshal and payment of the initial application fee.
 3268         (3)(a) A certificate for the Contractor I, II, and III
 3269  classifications as defined in this chapter may shall not be
 3270  renewed unless the certificateholder produces documentation of
 3271  at least 32 contact hours of continuing education in the fire
 3272  protection discipline during the biennial licensure period.
 3273  Holders of Contractor IV certificates are required to obtain 14
 3274  contact hours of continuing education encompassing the
 3275  appropriate National Fire Protection Association fire sprinkler
 3276  documents before prior to renewal. Holders of Contractor V
 3277  certificates are required to obtain 14 contact hours of
 3278  continuing education before prior to renewal, at least 1 hour of
 3279  which is in the fire protection discipline. Any continuing
 3280  education hours approved pursuant to chapter 489 by the
 3281  Construction Industry Licensing Board for underground utility
 3282  and excavation contractors shall be considered as also approved
 3283  to comply with Contractor V continuing education requirements. A
 3284  Contractor V certificateholder shall provide to the State Fire
 3285  Marshal evidence of approval of such coursework by the
 3286  Construction Industry Licensing Board.
 3287         Section 47. Section 633.539, Florida Statutes, is
 3288  transferred and renumbered as section 633.334, Florida Statutes,
 3289  and paragraph (a) of subsection (1) and subsections (2) and (4)
 3290  of that section are amended, to read:
 3291         633.334 633.539 Requirements for installation, inspection,
 3292  and maintenance of fire protection systems.—
 3293         (1) The requirements for installation of fire protection
 3294  systems are as follows:
 3295         (a) Contractors of fire protection systems shall be
 3296  certified under s. 633.318 633.521.
 3297         (2) Equipment shall be inspected, serviced, and maintained
 3298  in accordance with the manufacturer’s maintenance procedures and
 3299  with applicable National Fire Protection Association standards.
 3300  The inspection of fire protection systems shall be conducted by
 3301  a certificateholder or holder of a permit issued by the division
 3302  State Fire Marshal. The permitholder may perform inspections on
 3303  fire protection systems only while employed by the
 3304  certificateholder. This section does not prohibit the authority
 3305  having jurisdiction or insurance company representatives from
 3306  reviewing the system in accordance with acceptable oversight
 3307  standards.
 3308         (4) The Contractor V may install the cross-connection
 3309  backflow prevention device as defined in this chapter on new
 3310  installations following the engineer of record’s direction on
 3311  the type and size of the device. The retrofitting of a backflow
 3312  device on an existing fire protection system will cause a
 3313  reduction in available water pressure and probable system
 3314  malfunction. The development of aboveground fire protection
 3315  system hydraulic calculations is a task of the Contractor I and
 3316  II, as defined in this chapter. Accordingly, a Contractor V is
 3317  expressly prohibited from retrofitting cross-connection backflow
 3318  prevention devices on an existing fire protection system, and
 3319  only a Contractor I or Contractor II who is tasked to
 3320  recalculate the system and take corrective actions to ensure
 3321  that the system will function with the available water supply
 3322  may retroactively install these backflow devices on existing
 3323  fire protection systems.
 3324         Section 48. Section 633.541, Florida Statutes, is
 3325  transferred and renumbered as section 633.336, Florida Statutes,
 3326  and subsections (1), (3), and (4) of that section are amended,
 3327  to read:
 3328         633.336 633.541 Contracting without certificate prohibited;
 3329  violations; penalty.—
 3330         (1) It is unlawful for any organization or individual to
 3331  engage in the business of layout, fabrication, installation,
 3332  inspection, alteration, repair, or service of a fire protection
 3333  system, other than a preengineered system, act in the capacity
 3334  of a fire protection contractor, or advertise itself as being a
 3335  fire protection contractor without having been duly certified
 3336  and holding a valid and existing certificate, except as
 3337  hereinafter provided. The holder of a certificate used to
 3338  qualify an organization must be a full-time employee of the
 3339  qualified organization or business. A certificateholder who is
 3340  employed by more than one fire protection contractor during the
 3341  same period of time is deemed not to be a full-time employee of
 3342  either contractor. The State Fire Marshal shall revoke, for a
 3343  period of time determined by the State Fire Marshal, the
 3344  certificate of a certificateholder who allows the use of the
 3345  certificate to qualify a company of which the certificateholder
 3346  is not a full-time employee. A contractor who maintains more
 3347  than one place of business must employ a certificateholder at
 3348  each location. Nothing in This subsection does not prohibit
 3349  prohibits an employee acting on behalf of governmental entities
 3350  from inspecting and enforcing firesafety codes, provided such
 3351  employee is certified under s. 633.216 633.081.
 3352         (3) A Any person who violates any provision of this act or
 3353  commits any of the acts constituting cause for disciplinary
 3354  action as herein set forth commits is guilty of a misdemeanor of
 3355  the second degree, punishable as provided in s. 775.082 or s.
 3356  775.083.
 3357         (4) In addition to the penalties provided in subsection
 3358  (3), a fire protection contractor certified under this chapter
 3359  who violates any provision of this section or who commits any
 3360  act constituting cause for disciplinary action is subject to
 3361  suspension or revocation of the certificate and administrative
 3362  fines pursuant to s. 633.338 633.547.
 3363         Section 49. Section 633.547, Florida Statutes, is
 3364  transferred and renumbered as section 633.338, Florida Statutes,
 3365  and paragraphs (d) and (h) of subsection (2) and subsection (3)
 3366  of that section are amended, to read:
 3367         633.338 633.547 Disciplinary action; fire protection system
 3368  contractors; grounds for denial, nonrenewal, suspension, or
 3369  revocation of certificate or permit.—
 3370         (2) The following acts constitute cause for disciplinary
 3371  action:
 3372         (d) Disciplinary action by any municipality, or county, or
 3373  special district, which action shall be reviewed by the State
 3374  Fire Marshal before taking any disciplinary action.
 3375         (h) Failing to provide proof of insurance to the State Fire
 3376  Marshal or failing to maintain in force the insurance coverage
 3377  required by s. 633.318 633.521.
 3378         (3) The State Fire Marshal is authorized to take the
 3379  following disciplinary action:
 3380         (a) She or he may suspend the contractor’s certificate
 3381  certificateholder for a period of up to not to exceed 2 years.
 3382  During that period, the contractor must cease all operations as
 3383  a contractor, but the State Fire Marshal may authorize the
 3384  certificateholder from all operations as a contractor during the
 3385  period fixed by the State Fire Marshal, but she or he may permit
 3386  the certificateholder to complete any contracts then incomplete.
 3387         (b) She or he may revoke a certificate for a period not to
 3388  exceed 5 years.
 3389         Section 50. Section 633.549, Florida Statutes, is
 3390  transferred, renumbered as section 633.342, Florida Statutes,
 3391  and amended to read:
 3392         633.342 633.549 Violations subject to injunction.—A Any
 3393  person who operates as a contractor without a current
 3394  certificate or who violates any part of this chapter or any
 3395  rule, decision, order, direction, demand, or requirement of the
 3396  State Fire Marshal in relation thereto, or any part or provision
 3397  thereof, may be enjoined by the courts of the state from any
 3398  such violation or such unauthorized or unlawful contracting at
 3399  the request instance of the State Fire Marshal, the board, or
 3400  any resident citizen or taxpayer of the state.
 3401         Section 51. Section 633.554, Florida Statutes, is
 3402  transferred and renumbered as section 633.344, Florida Statutes.
 3403         Section 52. Section 633.70, Florida Statutes, is
 3404  transferred and renumbered as section 633.346, Florida Statutes,
 3405  and subsection (1) of that section is amended, to read:
 3406         633.346 633.70 Jurisdiction of State Fire Marshal over
 3407  alarm system contractors and certified unlimited electrical
 3408  contractors.—
 3409         (1) If When the State Fire Marshal, in the course of its
 3410  activities pursuant to s. 633.104(2) 633.01(2), determines that
 3411  an alarm system contractor or a certified unlimited electrical
 3412  contractor working with an alarm system has violated any
 3413  provision of this chapter or the rules of the State Fire
 3414  Marshal, the State Fire Marshal shall have jurisdiction,
 3415  notwithstanding any other provision of this chapter, to order
 3416  corrective action by the alarm system contractor or the
 3417  certified unlimited electrical contractor to bring the alarm
 3418  system into compliance with applicable standards set forth in
 3419  this chapter and the rules of the State Fire Marshal.
 3420         Section 53. Section 633.701, Florida Statutes, is
 3421  transferred and renumbered as section 633.348, Florida Statutes.
 3422         Section 54. Section 633.702, Florida Statutes, is
 3423  transferred and renumbered as section 633.3482, Florida
 3424  Statutes, and subsection (2) and paragraph (c) of subsection (3)
 3425  of that section are amended, to read:
 3426         633.3482 633.702 Prohibited acts regarding alarm system
 3427  contractors or certified unlimited electrical contractors;
 3428  penalties.—
 3429         (2) A Any person who violates this section commits is
 3430  guilty of a misdemeanor of the second degree, punishable as
 3431  provided in s. 775.082 or s. 775.083.
 3432         (3) It is a misdemeanor of the first degree, punishable as
 3433  provided in s. 775.082 or s. 775.083, for any fire alarm system
 3434  contractor or certified unlimited electrical contractor to
 3435  intentionally or willfully:
 3436         (c) Knowingly combine combining or conspire conspiring with
 3437  a any person by allowing one’s certificate to be used by an any
 3438  uncertified person with intent to evade the provisions of this
 3439  act. When a licensee allows his or her license to be used by one
 3440  or more companies without having any active participation in the
 3441  operation or management of the said companies, such act
 3442  constitutes prima facie evidence of any intent to evade the
 3443  provisions of this chapter act.
 3444         Section 55. The Division of Law Revision and Information is
 3445  directed to create part IV of chapter 633, Florida Statutes,
 3446  consisting of sections 633.402, 633.404, 633.406, 633.408,
 3447  633.412, 633.414, 633.416, 633.418, 633.422, 633.424, 633.426,
 3448  633.428, 633.432, 633.434, 633.436, 633.438, 633.442, 633.444,
 3449  and 633.446, Florida Statutes, to be entitled “Fire Standards
 3450  and Training.”
 3451         Section 56. Section 633.31, Florida Statutes, is
 3452  transferred and renumbered as section 633.402, Florida Statutes,
 3453  subsection (1) of that section is amended, and new subsections
 3454  (5) through (9) are added to that section, to read:
 3455         633.402 633.31 Firefighters Employment, Standards, and
 3456  Training Council; organization; meetings; quorum; compensation;
 3457  seal; special powers; firefighter training.—
 3458         (1) There is created within the department a Firefighters
 3459  Employment, Standards, and Training Council of 14 13 members.
 3460         (a) The members shall be appointed as follows:
 3461         1. Two members shall be fire chiefs appointed by the
 3462  Florida Fire Chiefs Association.,
 3463         2. Two members shall be firefighters, who are not officers,
 3464  appointed by the Florida Professional Firefighters Association.,
 3465         3. Two members shall be firefighter officers, who are not
 3466  fire chiefs, appointed by the State Fire Marshal.,
 3467         4. One individual member appointed by the Florida League of
 3468  Cities.,
 3469         5. One individual member appointed by the Florida
 3470  Association of Counties.,
 3471         6. One individual member appointed by the Florida
 3472  Association of Special Districts.,
 3473         7. One individual member appointed by the Florida Fire
 3474  Marshals’ and Inspectors’ Marshal’s Association., and
 3475         8. One employee of the Florida Forest Service of the
 3476  Department of Agriculture and Consumer Services appointed by the
 3477  director of the Florida Forest Service.
 3478         9. One individual member appointed by the State Fire
 3479  Marshal., and
 3480         10. One member shall be a director or instructor of a
 3481  state-certified firefighting training facility appointed by the
 3482  State Fire Marshal.
 3483         11. The remaining member, who shall be appointed by the
 3484  State Fire Marshal, may not be a member or representative of the
 3485  firefighting profession or of any local government.
 3486         (b) To be eligible for appointment as a member under
 3487  subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
 3488  subparagraph (a)8., or subparagraph (a)10. fire chief member,
 3489  firefighter officer member, firefighter member, or a director or
 3490  instructor of a state-certified firefighting facility, a person
 3491  must shall have had at least 4 years’ experience in the
 3492  firefighting profession. The remaining member, who shall be
 3493  appointed by the State Fire Marshal, shall not be a member or
 3494  representative of the firefighting profession or of any local
 3495  government. Members shall serve only as long as they continue to
 3496  meet the criteria under which they were appointed, or unless a
 3497  member has failed to appear at three consecutive and properly
 3498  noticed meetings unless excused by the chair.
 3499         (5) The council shall elect to 1-year terms a chair and a
 3500  vice chair. A person may not serve more than two consecutive
 3501  terms in either office.
 3502         (6) The council shall meet at the call of the chair, at the
 3503  request of a majority of its membership, at the request of the
 3504  department, or at such times as are prescribed by its rules, and
 3505  a majority of the council shall constitute a quorum.
 3506         (7) Members of the council shall serve without compensation
 3507  but shall be entitled to be reimbursed for per diem and travel
 3508  expenses as provided by s. 112.061.
 3509         (8) The council may adopt a seal for its use containing the
 3510  words “Firefighters Employment, Standards, and Training
 3511  Council.”
 3512         (9) The council shall have special powers in connection
 3513  with the employment and training of firefighters to:
 3514         (a) Recommend, for adoption by the division, uniform
 3515  minimum standards for the employment and training of
 3516  firefighters and training of volunteer firefighters.
 3517         (b) Recommend, for adoption by the division, minimum
 3518  curriculum requirements for schools operated by or for any fire
 3519  service provider for the specific purpose of training
 3520  firefighter trainees, firefighters, and volunteer firefighters.
 3521         (c) Recommend, for adoption by the division, on matters
 3522  relating to the funding, general operation, and administration
 3523  of the Bureau of Fire Standards and Training (Florida State Fire
 3524  College), including, but not limited to, all standards,
 3525  training, curriculum, and the issuance of any certificate of
 3526  competency required by this chapter.
 3527         (d) Make or support studies on any aspect of firefighting
 3528  employment, education, and training or recruitment.
 3529         (e) Make recommendations concerning any matter within its
 3530  purview pursuant to this section.
 3531         Section 57. Section 633.42, Florida Statutes, is
 3532  transferred, renumbered as section 633.404, Florida Statutes,
 3533  and amended to read:
 3534         633.404 633.42 Additional standards authorized.—Nothing
 3535  herein shall be construed to preclude a fire service provider an
 3536  employing agency from establishing qualifications and standards
 3537  for hiring, training, or promoting firefighters that exceed the
 3538  minimum set by the division department.
 3539         Section 58. Section 633.406, Florida Statutes, is created
 3540  to read:
 3541         633.406 Classes of certification.—
 3542         (1) The division may award one or more of the following
 3543  certificates:
 3544         (a) Firefighter Certificate of Compliance.—A Firefighter
 3545  Certificate of Compliance may be awarded to a person who meets
 3546  the requirements established in s. 633.408(4).
 3547         (b) Fire Safety Inspector Certificate of Compliance.—A Fire
 3548  Safety Inspector Certificate of Compliance may be awarded to a
 3549  person who meets the requirements established in s. 633.216(2).
 3550         (c) Special Certificate of Compliance.—A Special
 3551  Certificate of Compliance may be awarded to a person who
 3552  qualifies under s. 633.408(6).
 3553         (d) Forestry Certificate of Compliance.—A Forestry
 3554  Certificate of Compliance may be awarded to a person who has
 3555  satisfactorily complied with a training program and successfully
 3556  passed an examination as prescribed by rule, and who possesses
 3557  the qualifications established in s. 590.02(1)(e).
 3558         (e) Fire Service Instructor Certificate.—A Fire Service
 3559  Instructor Certificate may be awarded to a person who
 3560  demonstrates general or specialized knowledge, skills, and
 3561  abilities in firefighting service and meets the qualification
 3562  requirements prescribed by rule.
 3563         (f) Certificate of Competency.—A Certificate of Competency
 3564  may be awarded to a person who meets the experience, training,
 3565  advanced education, or examination requirements as prescribed by
 3566  rule, and is especially qualified for particular aspects of
 3567  firefighting service.
 3568         (g) Volunteer Firefighter Certificate of Completion.—A
 3569  Volunteer Firefighter Certificate of Completion may be awarded
 3570  to a person who has satisfactorily completed the training
 3571  requirements as prescribed by rule for a volunteer firefighter.
 3572         (2) The division may establish by rule certificates, in
 3573  addition to those provided in subsection (1), that the division
 3574  may award in recognition of special training or education
 3575  received by an individual, authorizing that individual to
 3576  perform specialized firefighting services or provide specialized
 3577  firefighting instruction, such as hazardous materials and urban
 3578  search and rescue.
 3579         Section 59. Section 633.35, Florida Statutes, is
 3580  transferred, renumbered as section 633.408, Florida Statutes,
 3581  and amended to read:
 3582         633.408 633.35 Firefighter and volunteer firefighter
 3583  training and certification.—
 3584         (1) The division shall establish by rule:
 3585         (a) A Minimum Standards Course and course examination to
 3586  provide the training required to obtain a Firefighter
 3587  Certificate of Compliance.
 3588         (b) Courses and course examinations to provide training
 3589  required to obtain a Volunteer Firefighter Certificate of
 3590  Completion or a Special Certificate of Compliance.
 3591         (c) Courses to provide continuing training for firefighters
 3592  and volunteer firefighters.
 3593         (2) Courses under subsection (1) may only be administered
 3594  by education or training providers approved by the division
 3595  pursuant to s. 633.128(1)(c) and taught by instructors certified
 3596  pursuant to s. 633.128(1)(d) a firefighter training program of
 3597  not less than 360 hours, administered by such agencies and
 3598  institutions as it approves for the purpose of providing basic
 3599  employment training for firefighters.
 3600         (3)(a) Nothing herein shall require a fire service provider
 3601  public employer to pay the cost of such training.
 3602         (b)A fire service provider may pay part or all of the
 3603  costs of tuition for attendance at approved courses.
 3604         (4)(2) The division shall issue a firefighter certificate
 3605  of compliance to an any individual who does all of the
 3606  following:
 3607         (a)person Satisfactorily completes complying with the
 3608  Minimum Standards Course or who has satisfactorily completed
 3609  training for firefighters in another state which has been
 3610  determined by the division to be at least the equivalent of the
 3611  training required for the Minimum Standards Course.
 3612         (b) Passes the Minimum Standards Course examination.
 3613  training program established in subsection (1), who has
 3614  successfully passed an examination as prescribed by the
 3615  division, and
 3616         (c)who Possesses the qualifications for employment in s.
 3617  633.412 633.34, except s. 633.34(5).
 3618         (5) The division shall issue a Volunteer Firefighter
 3619  Certificate of Completion to any individual who satisfactorily
 3620  completes the course established under paragraph (1)(b) No
 3621  person may be employed as a regular or permanent firefighter by
 3622  an employing agency, or by a private entity under contract with
 3623  the state or any political subdivision of the state, including
 3624  authorities and special districts, for a period of time in
 3625  excess of 1 year from the date of initial employment until he or
 3626  she has obtained such certificate of compliance. A person who
 3627  does not hold a certificate of compliance and is employed under
 3628  this section may not directly engage in hazardous operations,
 3629  such as interior structural firefighting and hazardous
 3630  materials-incident mitigation, requiring the knowledge and
 3631  skills taught in a training program established in subsection
 3632  (1). However, a person who has served as a volunteer firefighter
 3633  with the state or any political subdivision of the state,
 3634  including authorities and special districts, who is then
 3635  employed as a regular or permanent firefighter may function,
 3636  during this period, in the same capacity in which he or she
 3637  acted as a volunteer firefighter, provided that he or she has
 3638  completed all training required by the volunteer organization.
 3639         (3) The division may issue a certificate to any person who
 3640  has received basic employment training for firefighters in
 3641  another state when the division has determined that such
 3642  training was at least equivalent to that required by the
 3643  division for approved firefighter education and training
 3644  programs in this state and when such person has satisfactorily
 3645  complied with all other requirements of this section.
 3646         (6)(a) The division may also issue a Special Certificate of
 3647  Compliance to an individual a person who does all of the
 3648  following:
 3649         1. Satisfactorily completes the course established in
 3650  paragraph (1)(b) to obtain a Special Certificate of Compliance.
 3651         2. Passes the examination established in paragraph (1)(b)
 3652  to obtain a Special Certificate of Compliance.
 3653         3. Possesses the qualifications in s. 633.412 is otherwise
 3654  qualified under this section and who is employed as the
 3655  administrative and command head of a fire/rescue/emergency
 3656  services organization, based on the acknowledgment that such
 3657  person is less likely to need physical dexterity and more likely
 3658  to need advanced knowledge of firefighting and supervisory
 3659  skills.
 3660         (b) A Special The Certificate of Compliance is valid only
 3661  authorizes an individual to serve while the person is serving in
 3662  a position as an administrative and command head of a fire
 3663  service provider fire/rescue/emergency services organization.
 3664         (7)(4)An individual A person who fails an examination
 3665  given under this section may retake the examination once within
 3666  6 months after the original examination date. If the individual
 3667  An applicant who does not retake the examination or fails the
 3668  reexamination within such time, the individual must take the
 3669  Minimum Standards Course for a Firefighter Certificate of
 3670  Compliance or the course established under paragraph (1)(b) for
 3671  a Special Certificate of Compliance, pursuant to subsection (1),
 3672  before being reexamined. The division may grant an extension of
 3673  the 6-month period based upon documented medical necessity and
 3674  may establish reasonable preregistration deadlines for such
 3675  reexaminations.
 3676         (8)(5) Pursuant to s. 590.02(1)(e), the division shall
 3677  establish a structural fire training program of not less than
 3678  206 40 hours. The division shall issue to a any person
 3679  satisfactorily complying with this training program and who has
 3680  successfully passed an examination as prescribed by the division
 3681  and who has met the requirements of s. 590.02(1)(e), a Forestry
 3682  Certificate of Compliance Certificate of Forestry Firefighter.
 3683         (6)An individual who holds a current and valid Forestry
 3684  Certificate of Compliance A certified forestry firefighter is
 3685  entitled to the same rights, privileges, and benefits provided
 3686  for by law as a certified firefighter.
 3687         Section 60. Section 633.34, Florida Statutes, is
 3688  transferred, renumbered as section 633.412, Florida Statutes,
 3689  and amended to read:
 3690         633.412 633.34 Firefighters; qualifications for
 3691  certification employment.—
 3692         (1) A Any person applying for certification employment as a
 3693  firefighter must:
 3694         (a)(1) Be a high school graduate or the equivalent, as the
 3695  term may be determined by the division, and at least 18 years of
 3696  age.
 3697         (b)(2)Not Neither have been convicted of a misdemeanor
 3698  relating to the certification or to perjury or false statements,
 3699  or a felony or a crime punishable by imprisonment of 1 year or
 3700  more under the law of the United States or of any state thereof
 3701  or under the law of any other country, or dishonorably
 3702  discharged from any of the Armed Forces of the United States.
 3703  “Convicted” means a finding of guilt or the acceptance of a plea
 3704  of guilty or nolo contendere, in any federal or state court or a
 3705  court in any other country, without regard to whether a judgment
 3706  of conviction has been entered by the court having jurisdiction
 3707  of the case felony or of a misdemeanor directly related to the
 3708  position of employment sought, nor have pled nolo contendere to
 3709  any charge of a felony. If an applicant has been convicted of a
 3710  felony, such applicant must be in compliance with s.
 3711  112.011(2)(b). If an applicant has been convicted of a
 3712  misdemeanor directly related to the position of employment
 3713  sought, such applicant shall be excluded from employment for a
 3714  period of 4 years after expiration of sentence. If the sentence
 3715  is suspended or adjudication is withheld in a felony charge or
 3716  in a misdemeanor directly related to the position or employment
 3717  sought and a period of probation is imposed, the applicant must
 3718  have been released from probation.
 3719         (c)(3) Submit fingerprints a fingerprint card to the
 3720  division with a current processing fee. The fingerprints
 3721  fingerprint card will be forwarded to the Department of Law
 3722  Enforcement for state processing and forwarded by the Department
 3723  of Law Enforcement to and/or the Federal Bureau of Investigation
 3724  for national processing.
 3725         (d)(4) Have a good moral character as determined by
 3726  investigation under procedure established by the division.
 3727         (e)(5) Be in good physical condition as determined by a
 3728  medical examination given by a physician, surgeon, or physician
 3729  assistant licensed to practice in the state pursuant to chapter
 3730  458; an osteopathic physician, surgeon, or physician assistant
 3731  licensed to practice in the state pursuant to chapter 459; or an
 3732  advanced registered nurse practitioner licensed to practice in
 3733  the state pursuant to chapter 464. Such examination may include,
 3734  but need not be limited to, provisions of the National Fire
 3735  Protection Association Standard 1582. A medical examination
 3736  evidencing good physical condition shall be submitted to the
 3737  division, on a form as provided by rule, before an individual is
 3738  eligible for admission into a course under firefighter training
 3739  program as defined in s. 633.408 633.35.
 3740         (f)(6) Be a nonuser of tobacco or tobacco products for at
 3741  least 1 year immediately preceding application, as evidenced by
 3742  the sworn affidavit of the applicant.
 3743         (2) If the division suspends or revokes an individual’s
 3744  certificate, the division must suspend or revoke all other
 3745  certificates issued to the individual by the division pursuant
 3746  to this part.
 3747         Section 61. Section 633.352, Florida Statutes, is
 3748  transferred, renumbered as section 633.414, Florida Statutes,
 3749  and amended to read:
 3750         633.414 633.352 Retention of firefighter certification.—
 3751         (1) In order for a firefighter to retain her or his
 3752  Firefighter Certificate of Compliance, every 4 years he or she
 3753  must:
 3754         (a) Be Any certified firefighter who has not been active as
 3755  a firefighter, or as a volunteer firefighter with an organized
 3756  fire department, for a period of 3 years shall be required to
 3757  retake the practical portion of the minimum standards state
 3758  examination specified in rule 69A-37.056(6)(b), Florida
 3759  Administrative Code, in order to maintain her or his
 3760  certification as a firefighter;
 3761         (b) Maintain a current and valid fire service instructor
 3762  certificate, instruct at least 40 hours during the 4-year
 3763  period, and provide proof of such instruction to the division,
 3764  which proof must be registered in an electronic database
 3765  designated by the division;
 3766         (c) Successfully complete a refresher course consisting of
 3767  a minimum of 40 hours of training to be prescribed by rule; or
 3768         (d) Within 6 months before the 4-year period expires,
 3769  successfully retake and pass the Minimum Standards Course
 3770  examination.
 3771         (2) In order for a volunteer firefighter to retain her or
 3772  his Volunteer Firefighter Certificate of Completion, every 4
 3773  years he or she must:
 3774         (a) Be active as a volunteer firefighter; or
 3775         (b) Successfully complete a refresher course consisting of
 3776  a minimum of 40 hours of training to be prescribed by rule.
 3777         (3) Subsection (1) however, this requirement does not apply
 3778  to state-certified firefighters who are certified and employed
 3779  as full-time, as determined by the fire service provider, as
 3780  firesafety inspectors or fire investigators firesafety
 3781  instructors, regardless of her or his the firefighter’s
 3782  employment status as a firefighter.
 3783         (4) For the purposes of this section, the term “active”
 3784  means being employed as a firefighter or providing service as a
 3785  volunteer firefighter for a cumulative 6 months within a 4-year
 3786  period.
 3787         (5) The 4-year 3-year period begins:
 3788         (a) If the individual is certified on or after July 1,
 3789  2013, on the date the certificate of compliance is issued or
 3790  upon termination of employment or service with a an organized
 3791  fire department.
 3792         (b) If the individual is certified before July 1, 2013, on
 3793  July 1, 2014, or upon termination of employment or service
 3794  thereafter.
 3795         Section 62. Section 633.41, Florida Statutes, is
 3796  transferred, renumbered as section 633.416, Florida Statutes,
 3797  and amended to read:
 3798         633.416 633.41Firefighter employment and volunteer
 3799  firefighter service; saving clause.—
 3800         (1) A fire service provider may not employ an individual
 3801  to:
 3802         (a) Extinguish fires for the protection of life or property
 3803  or to supervise individuals who perform such services unless the
 3804  individual holds a current and valid Firefighter Certificate of
 3805  Compliance; or
 3806         (b) Serve as the administrative and command head of a fire
 3807  service provider for a period in excess of 1 year unless the
 3808  individual holds a current and valid Firefighter Certificate of
 3809  Compliance or Special Certificate of Compliance.
 3810         (2) A fire service provider may not retain the services of
 3811  an individual volunteering to extinguish fires for the
 3812  protection of life or property or to supervise individuals who
 3813  perform such services unless the individual holds a current and
 3814  valid Volunteer Firefighter Certificate of Completion.
 3815         (3)(a) A fire service provider must make a diligent effort
 3816  to determine whether the individual has a current and valid
 3817  certificate before employing or retaining an individual for the
 3818  services under subsection (1) or subsection (2), including
 3819  making a determination of whether the requirements set forth in
 3820  s. 633.414 have been fulfilled.
 3821         (b) For the purposes of this subsection, the term “diligent
 3822  effort” means contacting at least three of the individual’s
 3823  previous employers to obtain her or his dates of employment and
 3824  contacting the division to determine the certification status of
 3825  the individual.
 3826         (4)(a) A fire service provider must notify the division
 3827  electronically, as directed by rule by the division, within 10
 3828  days after:
 3829         1. The hiring of a firefighter.
 3830         2. The retention of a volunteer firefighter.
 3831         3. The cessation of employment of a firefighter.
 3832         4. A decision not to retain a volunteer firefighter.
 3833         (b) Notification under paragraph (a) must include:
 3834         1. The individual’s name.
 3835         2. The date on which he or she was hired or retained.
 3836         3. The last date of employment or retention before leaving
 3837  the fire service provider.
 3838         4. Any other information deemed necessary by the division
 3839  to determine compliance with ss. 633.414 and 633.426.
 3840         (5) If the fire service provider makes a determination that
 3841  an individual has not met the requirements set forth in s.
 3842  633.414(1), the fire service provider must notify the division
 3843  in writing within 10 days after making that determination.
 3844         (6) The division may conduct site visits to fire
 3845  departments to monitor compliance with this section.
 3846         (7) For purposes of this section, the term “employ” means
 3847  to pay an individual a salary, wage, or other compensation for
 3848  the performance of work. The term does not include the payment
 3849  of expenses, reasonable benefits, a nominal fee, or a
 3850  combination thereof to a volunteer for a public or private fire
 3851  service provider who is only paid in a manner that would be
 3852  authorized for a volunteer under the federal Fair Labor
 3853  Standards Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.,
 3854  and its implementing rules.
 3855         (8) Firefighters employed on July 5, 1969, are not required
 3856  to meet the provisions of ss. 633.408 and 633.412 633.34 and
 3857  633.35 as a condition of tenure or continued employment, and;
 3858  nor shall their failure to fulfill such requirements does not
 3859  make them ineligible for any promotional examination for which
 3860  they are otherwise eligible or affect in any way any pension
 3861  rights to which they may be entitled on July 5, 1969.
 3862         Section 63. Section 633.38, Florida Statutes, is
 3863  transferred, renumbered as section 633.418, Florida Statutes,
 3864  and amended to read:
 3865         633.418 633.38 Inservice training and promotion;
 3866  participation.—
 3867         (1)(a) The division shall by rule rules and regulations
 3868  prescribe curricula and standards for advanced and specialized
 3869  training courses and education training in addition to those
 3870  prescribed in ss. 633.408 and 633.412 633.34 and 633.35.
 3871         (b) The standards provided by this section do shall not
 3872  bind any fire service provider employing agency as to the
 3873  requirements it may have for promoting personnel.
 3874         (2) A fire service provider departments or any fire service
 3875  participating under the provisions of this section shall adhere
 3876  to the standards and procedures established by the division.
 3877         Section 64. Section 633.382, Florida Statutes, is
 3878  transferred, renumbered as section 633.422, Florida Statutes,
 3879  and amended to read:
 3880         633.422 633.382 Firefighters; supplemental compensation.—
 3881         (1) DEFINITIONS.—As used in this section, the term:
 3882         (a) “Employing agency” means any municipality or any
 3883  county, the state, or any political subdivision of the state,
 3884  including authorities and special districts employing
 3885  firefighters.
 3886         (b) “Firefighter” means any person who meets the definition
 3887  of the term “firefighter” in s. 633.30(1) who is certified in
 3888  compliance with s. 633.35 and who is employed solely within the
 3889  fire department of the employing agency or is employed by the
 3890  division.
 3891         (1)(2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.—The
 3892  Legislature recognizes the need for supplemental compensation
 3893  for firefighters who pursue higher educational opportunities
 3894  that directly relate to the improvement of the health, safety,
 3895  and welfare of firefighters and those who firefighters protect.
 3896  The State Fire Marshal shall determine, and adopt by rule, the
 3897  course work or degrees that represent the best practices toward
 3898  this goal in the field of firefighting.
 3899         (a) In addition to the compensation now paid by a fire
 3900  service provider an employing agency to any firefighter, every
 3901  firefighter shall be paid supplemental compensation by the fire
 3902  service provider employing agency when such firefighter is a
 3903  full-time employee, as determined by the employing fire service
 3904  provider, and has complied with one of the following criteria:
 3905         1. A Any firefighter who receives an associate degree from
 3906  an accredited a college, which degree is directly applicable to
 3907  fire department duties, as outlined in policy guidelines adopted
 3908  by rule by of the division, shall be additionally compensated as
 3909  outlined in paragraph (2)(a) (3)(a).
 3910         2. A Any firefighter, regardless of whether or not she or
 3911  he earned an associate degree earlier, who receives from an
 3912  accredited college or university a bachelor’s degree, which
 3913  bachelor’s degree is directly applicable to fire department
 3914  duties, as outlined in policy guidelines adopted by rule by of
 3915  the division, shall receive compensation as outlined in
 3916  paragraph (2)(b) (3)(b).
 3917         (b) If Whenever any question arises as to the eligibility
 3918  of any firefighter to receive supplemental compensation as
 3919  provided in this section, the question, together with all facts
 3920  relating thereto, must shall be submitted to the division for
 3921  determination, and the decision of the division with regard to
 3922  determination of eligibility shall be final, subject to the
 3923  provisions of chapter 120.
 3924         (2)(3) SUPPLEMENTAL COMPENSATION.—Supplemental compensation
 3925  shall be determined as follows:
 3926         (a) Fifty dollars shall be paid monthly to each firefighter
 3927  who qualifies under the provisions of subparagraph (1)(a)1
 3928  (2)(a)1.
 3929         (b) One hundred and ten dollars shall be paid monthly to
 3930  each firefighter who qualifies under the provisions of
 3931  subparagraph (1)(a)2 (2)(a)2.
 3932         (3)(4) FUNDING.—
 3933         (a) The fire service provider employing agency is
 3934  responsible for the correct payment of firefighters pursuant to
 3935  the provisions of this section. The division may review, in a
 3936  postaudit capacity, any action taken by an agency in
 3937  administering the educational incentive program. The fire
 3938  service provider employing agency shall take appropriate action
 3939  when a postaudit shows that an action taken by the fire service
 3940  provider employing agency was in error.
 3941         (b) Each fire service provider agency employing
 3942  firefighters who are eligible for this compensation shall submit
 3943  reports containing information relating to compensation paid as
 3944  a result of this section to the division on March 31, June 30,
 3945  September 30, and December 31 of each year.
 3946         (c) There is appropriated from the Police and Firefighter’s
 3947  Premium Tax Trust Fund to the Firefighters’ Supplemental
 3948  Compensation Trust Fund, which is hereby created under the
 3949  Department of Revenue, all moneys which have not been
 3950  distributed to municipalities and special fire control districts
 3951  in accordance with s. 175.121 as a result of the limitation
 3952  contained in s. 175.122 on the disbursement of revenues
 3953  collected pursuant to chapter 175 or as a result of any
 3954  municipality or special fire control district not having
 3955  qualified in any given year, or portion thereof, for
 3956  participation in the distribution of the revenues collected
 3957  pursuant to chapter 175. The total required annual distribution
 3958  from the Firefighters’ Supplemental Compensation Trust Fund
 3959  shall equal the amount necessary to pay supplemental
 3960  compensation as provided in this section, provided that:
 3961         1. Any deficit in the total required annual distribution
 3962  shall be made up from accrued surplus funds existing in the
 3963  Firefighters’ Supplemental Compensation Trust Fund on June 30,
 3964  1990, for as long as such funds last. If the accrued surplus is
 3965  insufficient to cure the deficit in any given year, the
 3966  proration of the appropriation among the counties,
 3967  municipalities, and special fire service taxing districts shall
 3968  equal the ratio of compensation paid in the prior year to
 3969  county, municipal, and special fire service taxing district
 3970  firefighters pursuant to this section. This ratio shall be
 3971  provided annually to the Department of Revenue by the division
 3972  of State Fire Marshal. Surplus funds that have accrued or accrue
 3973  on or after July 1, 1990, shall be redistributed to
 3974  municipalities and special fire control districts as provided in
 3975  subparagraph 2.
 3976         2. By October 1 of each year, any funds that have accrued
 3977  or accrue on or after July 1, 1990, and remain in the
 3978  Firefighters’ Supplemental Compensation Trust Fund following the
 3979  required annual distribution shall be redistributed by the
 3980  Department of Revenue pro rata to those municipalities and
 3981  special fire control districts identified by the Department of
 3982  Management Services as being eligible for additional funds
 3983  pursuant to s. 175.121(3)(b).
 3984         (d) Salary incentive payments to firefighters shall
 3985  commence in the first full calendar month following the initial
 3986  date of certification of eligibility by the division of State
 3987  Fire Marshal.
 3988         (e) Special fire service taxing districts are authorized
 3989  and empowered to spend expend the funds necessary to ensure
 3990  correct payment to firefighters.
 3991         (4)(5) LEGISLATIVE FINDINGS.—The payment of supplemental
 3992  compensation and expenses of the administration provided by this
 3993  section is found to serve a state, county, district, and
 3994  municipal purpose and to provide benefit to the state and to its
 3995  counties, municipalities, and districts.
 3996         (5) APPLICABILITY.—For the purposes of this section, the
 3997  division shall be considered a fire service provider responsible
 3998  for the payment of supplemental compensation in accordance with
 3999  this section to firefighters employed full-time by the division.
 4000         Section 65. Section 633.353, Florida Statutes, is
 4001  transferred, renumbered as section 633.424, Florida Statutes,
 4002  and amended to read:
 4003         633.424 633.353 Falsification of qualifications.—An
 4004  individual Any person who willfully and knowingly falsifies her
 4005  or his the qualifications of a new employee to the Bureau of
 4006  Fire Standards and Training of the division commits is guilty of
 4007  a misdemeanor of the second degree, punishable as provided in s.
 4008  775.082 or s. 775.083.
 4009         Section 66. Section 633.351, Florida Statutes, is
 4010  transferred, renumbered as section 633.426, Florida Statutes,
 4011  and amended to read:
 4012         633.426 633.351 Disciplinary action; firefighters;
 4013  standards for revocation of certification.—
 4014         (1) For purposes of this section, the term:
 4015         (a) “Certificate” means any of the certificates issued
 4016  under s. 633.406.
 4017         (b) “Certification” or “certified” means the act of holding
 4018  a current and valid certificate.
 4019         (c) “Convicted” means a finding of guilt, or the acceptance
 4020  of a plea of guilty or nolo contendere, in any federal or state
 4021  court or a court in any other country, without regard to whether
 4022  a judgment of conviction has been entered by the court having
 4023  jurisdiction of the case.
 4024         (2) An individual is ineligible to apply for certification
 4025  if the individual has, at any time, been:
 4026         (a) Convicted of a misdemeanor relating to the
 4027  certification or to perjury or false statements.
 4028         (b) Convicted of a felony or a crime punishable by
 4029  imprisonment of 1 year or more under the law of the United
 4030  States or of any state thereof, or under the law of any other
 4031  country.
 4032         (c) Dishonorably discharged from any of the Armed Forces of
 4033  the United States.
 4034         (3)(a) The certification of an individual shall be
 4035  permanently revoked if the individual is:
 4036         1. Convicted of a misdemeanor relating to perjury or false
 4037  statement.
 4038         2. Convicted of a felony or a crime punishable by
 4039  imprisonment of 1 year or more under the law of the United
 4040  States or of any state thereof, or under the law of any other
 4041  country.
 4042         3. Dishonorably discharged from any of the Armed Forces of
 4043  the United States.
 4044         (b) For individuals who are certified before July 1, 2013:
 4045         1. This subsection applies prospectively to convictions or
 4046  dishonorable discharges entered on or after July 1, 2013.
 4047         2. Section 633.351 as it existed before July 1, 2013,
 4048  applies to convictions entered before July 1, 2013.
 4049         (4) The certification of an individual a firefighter shall
 4050  be revoked if evidence is found which demonstrates that the
 4051  certification was improperly issued by the division or if
 4052  evidence is found that the certification was issued on the basis
 4053  of false, incorrect, incomplete, or misleading information, or
 4054  that the individual has demonstrated a lack of moral fitness or
 4055  trustworthiness to carry out the responsibilities under the
 4056  individual’s certification.
 4057         (5) After investigation, if the division has reason to
 4058  believe that an individual who is certified may have been
 4059  convicted of a felony or of a misdemeanor related to perjury or
 4060  false statement in this state or any other state or
 4061  jurisdiction, the division may require the individual to submit
 4062  fingerprints to the division with a current processing fee. The
 4063  fingerprints shall be forwarded by the division to the
 4064  Department of Law Enforcement for state processing and shall be
 4065  forwarded by the Department of Law Enforcement to the Federal
 4066  Bureau of Investigation for national processing.
 4067         (2) The certification of a firefighter who is convicted of
 4068  a felony, or who is convicted of a misdemeanor relating to
 4069  misleading or false statements, or who pleads nolo contendere to
 4070  any charge of a felony shall be revoked until the firefighter
 4071  complies with s. 112.011(2)(b). However, if sentence upon such
 4072  felony or such misdemeanor charge is suspended or adjudication
 4073  is withheld, the firefighter’s certification shall be revoked
 4074  until she or he completes any probation.
 4075         Section 67. Section 633.43, Florida Statutes, is
 4076  transferred, renumbered as section 633.428, Florida Statutes,
 4077  and amended to read:
 4078         633.428 633.43 Florida State Fire College established.
 4079  There is hereby established a state institution to be known as
 4080  the Florida State Fire College, to be located at or near Ocala,
 4081  Marion County. The institution shall be operated by the division
 4082  of State Fire Marshal of the department.
 4083         Section 68. Section 633.44, Florida Statutes, is
 4084  transferred, renumbered as section 633.432, Florida Statutes,
 4085  and amended to read:
 4086         633.432 633.44 Purpose of fire college.—The purposes of
 4087  this part ss. 633.43-633.49 and of the Florida State Fire
 4088  College are shall be:
 4089         (1) To provide professional and volunteer firefighters with
 4090  needful professional instruction and training in subjects,
 4091  including, but not limited to, firefighting, fire prevention,
 4092  hazardous materials, urban search and rescue, and emergency
 4093  operations, at a minimum of cost to them and to their employers.
 4094         (2) To ensure the professionalism and competence of those
 4095  performing firefighting, fire prevention, and associated fire
 4096  protection functions by administering a system of certification
 4097  and licensing.
 4098         (3)(2) To develop new methods and practices of firefighting
 4099  and fire prevention.
 4100         (4)(3) To assist the state and county, municipal, and other
 4101  local governments of this state and their agencies and officers
 4102  in their investigation and determination of the causes of fires.
 4103         (5)(4) To provide testing facilities for testing
 4104  firefighting equipment.
 4105         (6)(5) To disseminate useful information on fires,
 4106  firefighting and fire prevention and other related subjects, to
 4107  fire departments and others interested in such information.
 4108         (7)(6) To do such other needful or useful things necessary
 4109  to the promotion of public safety in the field of fire hazards
 4110  and fire prevention work.
 4111  
 4112  It is hereby declared by the Legislature that the above purposes
 4113  are legitimate state functions and are designed to promote
 4114  public safety.
 4115         Section 69. Section 633.48, Florida Statutes, is
 4116  transferred, renumbered as section 633.434, Florida Statutes,
 4117  and amended to read:
 4118         633.434 633.48 Superintendent of college.—The division may
 4119  employ a superintendent for the Florida State Fire College, who
 4120  must shall be especially trained and qualified in firefighting,
 4121  fire prevention and fire experimental work, and may employ on
 4122  the recommendations of the said superintendent such other
 4123  instructors, experimental helpers and laborers as may be
 4124  necessary to the proper conduct of the said institution; and may
 4125  proceed with the erection and detailed operation of the said
 4126  institution under ss. 633.428-633.444 633.43-633.49.
 4127         Section 70. Section 633.461, Florida Statutes, is
 4128  transferred, renumbered as section 633.436, Florida Statutes,
 4129  and amended to read:
 4130         633.436 633.461 Use of Insurance Regulatory Trust Fund.—The
 4131  funds received from the Insurance Regulatory Trust Fund shall be
 4132  used by the staff of the Florida State Fire College to provide
 4133  all necessary services, training, equipment, and supplies to
 4134  carry out the college’s responsibilities, including, but not
 4135  limited to, the State Fire Marshal Scholarship Grant Program and
 4136  the procurement of training resources and films, videotapes,
 4137  audiovisual equipment, and other useful information on fire,
 4138  firefighting, and fire prevention, including public fire service
 4139  information packages.
 4140         Section 71. Section 633.47, Florida Statutes, is
 4141  transferred and renumbered as section 633.438, Florida Statutes.
 4142         Section 72. Section 633.49, Florida Statutes, is
 4143  transferred, renumbered as section 633.442, Florida Statutes,
 4144  and amended to read:
 4145         633.442 633.49 Buildings, equipment, and other facilities;
 4146  use.—The division shall have the power to prescribe and shall
 4147  make the necessary rules and regulations for the use of
 4148  buildings, equipment, and other facilities of the Florida State
 4149  Fire College when they are not in use for the purposes set forth
 4150  in this part ss. 633.43-633.49.
 4151         Section 73. Section 633.50, Florida Statutes, is
 4152  transferred, renumbered as section 633.444, Florida Statutes,
 4153  and amended to read:
 4154         633.444 633.50 Division powers and duties; Florida State
 4155  Fire College.—
 4156         (1) The division, in performing its duties related to the
 4157  Florida State Fire College, specified in this part ss. 633.43
 4158  633.49, shall:
 4159         (a) Enter into agreements with public or private school
 4160  districts, community colleges, junior colleges, or state
 4161  universities to carry out its duties and responsibilities.
 4162         (b) Review and approve budget requests for the fire college
 4163  educational program.
 4164         (c) Prepare the legislative budget request for the Florida
 4165  State Fire College education program. The superintendent is
 4166  responsible for all expenditures pursuant to appropriations.
 4167         (d) Implement procedures to obtain appropriate entitlement
 4168  funds from federal and state grants to supplement the annual
 4169  legislative appropriation. Such funds must be used expressly for
 4170  the fire college educational programs.
 4171         (e) Develop a staffing and funding formula for the Florida
 4172  State Fire College. The formula must shall include differential
 4173  funding levels for various types of programs, must shall be
 4174  based on the number of full-time equivalent students and
 4175  information obtained from scheduled attendance counts taken the
 4176  first day of each program, and must shall provide the basis for
 4177  the legislative budget request. As used in this section, a full
 4178  time equivalent student is equal to a minimum of 900 hours in a
 4179  technical certificate program and 400 hours in a degree-seeking
 4180  program. The funding formula must shall be as prescribed
 4181  pursuant to s. 1011.62, must shall include procedures to
 4182  document daily attendance, and must shall require that
 4183  attendance records be retained for audit purposes.
 4184         (f) Approve and register in an electronic database an
 4185  education or training provider, designated by the division,
 4186  before the education or training provider may offer any course
 4187  to fulfill any education or training requirement under this
 4188  chapter. The division shall establish criteria, by rule, for the
 4189  approval of such education or training providers, including
 4190  courses taught. Only approved and registered education or
 4191  training providers are eligible to provide instruction or
 4192  training that will be recognized by the division as fulfilling
 4193  any education or training requirement under this chapter.
 4194         (g) Recognize only courses offered by approved and
 4195  registered training or education providers as fulfilling the
 4196  education or training requirements under this chapter.
 4197         (2) Funds generated by the formula per full-time equivalent
 4198  student may not exceed the level of state funding per full-time
 4199  equivalent student generated through the Florida Education
 4200  Finance Program or the State Community College Program Fund for
 4201  students enrolled in comparable education programs provided by
 4202  public school districts and community colleges. Funds
 4203  appropriated for education and operational costs shall be
 4204  deposited in the Insurance Regulatory Trust Fund to be used
 4205  solely for purposes specified in s. 633.436 633.461 and may not
 4206  be transferred to any other budget entity for purposes other
 4207  than education.
 4208         Section 74. Section 633.46, Florida Statues, is transferred
 4209  and renumbered as section 633.446, Florida Statutes.
 4210         Section 75. The Division of Law Revision and Information is
 4211  directed to create part V of chapter 633, Florida Statutes,
 4212  consisting of sections 633.502, 633.504, 633.506, 633.508,
 4213  633.512, 633.516, 633.518, 633.520, 633.522, 633.526, 633.528,
 4214  633.532, 633.534, and 633.536, Florida Statutes, to be entitled
 4215  “Florida Firefighters Occupational Safety and Health Act.”
 4216         Section 76. Section 633.801, Florida Statutes, is
 4217  transferred, renumbered as section 633.502, Florida Statutes,
 4218  and amended to read:
 4219         633.502 633.801 Short title.—Sections 633.502-633.536,
 4220  633.801-633.821 may be cited as the “Florida Firefighters
 4221  Occupational Safety and Health Act.”
 4222         Section 77. Section 633.802, Florida Statutes, is
 4223  transferred and renumbered as section 633.504, Florida Statutes,
 4224  and subsections (1), (2), and (4) of that section are amended,
 4225  to read:
 4226         633.504 633.802 Definitions.—As used in this part, the term
 4227  Unless the context clearly requires otherwise, the following
 4228  definitions shall apply to ss. 633.801-633.821:
 4229         (1) “Firefighter employee” means a firefighter, volunteer
 4230  firefighter, or individual providing support services who is any
 4231  person engaged in any employment, public or private, as a
 4232  firefighter under any appointment or contract of hire or
 4233  apprenticeship, express or implied, oral or written, whether
 4234  lawfully or unlawfully employed, responding to or assisting with
 4235  fire or medical emergencies, regardless of whether or not the
 4236  firefighter is on duty, except those appointed under s.
 4237  590.02(1)(d).
 4238         (2) “Firefighter employer” means the state and all
 4239  political subdivisions of this state, all public and quasi
 4240  public corporations in this state, and a every person carrying
 4241  on any employment for this state, political subdivisions of this
 4242  state, and public and quasi-public corporations in this state
 4243  which employs firefighter employees firefighters, except those
 4244  appointed under s. 590.02(1)(d).
 4245         (4) “Firefighter place of employment” or “place of
 4246  employment” means the physical location at which the firefighter
 4247  employee is employed or deployed.
 4248         Section 78. Section 633.803, Florida Statutes, is
 4249  transferred, renumbered as section 633.506, Florida Statutes,
 4250  and amended to read:
 4251         633.506 633.803 Legislative intent.—It is the intent of the
 4252  Legislature to enhance firefighter occupational safety and
 4253  health in the state through the implementation and maintenance
 4254  of policies, procedures, practices, rules, and standards that
 4255  reduce the incidence of firefighter employee accidents,
 4256  firefighter employee occupational diseases, and firefighter
 4257  employee fatalities compensable under chapter 440 or otherwise.
 4258  The Legislature further intends that the division develop a
 4259  means by which the division can identify individual firefighter
 4260  employers with a high frequency or severity of work-related
 4261  injuries, conduct safety inspections of those firefighter
 4262  employers, and assist those firefighter employers in the
 4263  development and implementation of firefighter employee safety
 4264  and health programs. In addition, it is the intent of the
 4265  Legislature that the division administer and enforce this part
 4266  the provisions of ss. 633.801-633.821; provide assistance to
 4267  firefighter employers, firefighter employees, and insurers; and
 4268  enforce the policies, rules, and standards set forth in this
 4269  part ss. 633.801-633.821.
 4270         Section 79. Section 633.821, Florida Statutes, is
 4271  transferred and renumbered as section 633.508, Florida Statutes,
 4272  subsections (2), (3), (5), and (6) of that section are amended,
 4273  and subsection (7) is added to that section, to read:
 4274         633.508 633.821 Workplace safety; rulemaking authority;
 4275  division authority.—
 4276         (2) The division shall have the authority to adopt rules
 4277  for the purpose of ensuring safe working conditions for all
 4278  firefighter employees by authorizing the enforcement of
 4279  effective standards, by assisting and encouraging firefighter
 4280  employers to maintain safe working conditions, and by providing
 4281  for education and training in the field of safety. Specifically,
 4282  the division may by rule adopt the most current edition of all
 4283  or any part of subparts C through T and subpart Z of 29 C.F.R.
 4284  s. 1910, as revised April 8, 1998; the National Fire Protection
 4285  Association, Inc., Standard 1500, paragraph 5-7 (Personal Alert
 4286  Safety System) (1992 edition); the National Fire Protection
 4287  Association, Inc., Publication 1403, Standard on Live Fire
 4288  Training Evolutions (latest edition), as limited by subsection
 4289  (6); and ANSI A 10.4-1990.
 4290         (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
 4291  individuals located outside the immediately dangerous to life
 4292  and health atmosphere may be assigned to an additional role,
 4293  such as incident commander, pumper operator, engineer, or
 4294  driver, so long as such individual can is able to immediately
 4295  perform assistance or rescue activities without jeopardizing the
 4296  safety or health of any firefighter employee working at an
 4297  incident. Also with respect to 29 C.F.R. s. 1910.134(g)(4):
 4298         (a) Each county, municipality, and special district shall
 4299  implement such provision by April 1, 2002, except as provided in
 4300  paragraphs (b) and (c).
 4301         (b) If any county, municipality, or special district is
 4302  unable to implement such provision by April 1, 2002, without
 4303  adding additional personnel to its firefighting staff or
 4304  expending significant additional funds, such county,
 4305  municipality, or special district shall have an additional 6
 4306  months within which to implement such provision. Such county,
 4307  municipality, or special district shall notify the division that
 4308  the 6-month extension to implement such provision is in effect
 4309  in such county, municipality, or special district within 30 days
 4310  after its decision to extend the time for the additional 6
 4311  months. The decision to extend the time for implementation shall
 4312  be made prior to April 1, 2002.
 4313         (c) If, after the extension granted in paragraph (b), the
 4314  county, municipality, or special district, after having worked
 4315  with and cooperated fully with the division and the Firefighters
 4316  Employment, Standards, and Training Council, is still unable to
 4317  implement such provisions without adding additional personnel to
 4318  its firefighting staff or expending significant additional
 4319  funds, such municipality, county, or special district shall be
 4320  exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
 4321  However, each year thereafter the division shall review each
 4322  such county, municipality, or special district to determine if
 4323  such county, municipality, or special district has the ability
 4324  to implement such provision without adding additional personnel
 4325  to its firefighting staff or expending significant additional
 4326  funds. If the division determines that any county, municipality,
 4327  or special district has the ability to implement such provision
 4328  without adding additional personnel to its firefighting staff or
 4329  expending significant additional funds, the division shall
 4330  require such county, municipality, or special district to
 4331  implement such provision. Such requirement by the division under
 4332  this paragraph constitutes final agency action subject to
 4333  chapter 120.
 4334         (5) The division may adopt any rule necessary to implement,
 4335  interpret, and make specific the provisions of this section,
 4336  provided the division may not adopt by rule any other standard
 4337  or standards of the Occupational Safety and Health
 4338  Administration or the National Fire Protection Association
 4339  relating solely to this part ss. 633.801-633.821 and firefighter
 4340  employment safety without specific legislative authority.
 4341         (6)(a) The division shall adopt rules for live fire
 4342  training that all firefighter employees firefighters subject to
 4343  this chapter must complete. The division shall also adopt rules
 4344  for a training and certification process for live fire training
 4345  instructors.
 4346         (b) Such rules for training must shall include:
 4347         1. Sections of the most current edition of the National
 4348  Fire Protection Association, Inc., Publication 1402, Guide to
 4349  Building Fire Service Training Centers, relating to establishing
 4350  policies and procedures for effective use of such permanent
 4351  facilities or structures.
 4352         2. Sections of the most current edition of the National
 4353  Fire Protection Association, Inc., Publication 1403, Standard on
 4354  Live Fire Training Evolutions, excluding, however:
 4355         a. Any chapter entitled “Referenced Publications.”
 4356         b. References to the National Fire Protection Association,
 4357  Inc., Publication 1975, Station Uniform.
 4358         c. Provisions of the National Fire Protection Association,
 4359  Inc., Publication 1001, not adopted under rule 69A-37 or any
 4360  references to such publication in the National Fire Protection
 4361  Association, Inc., Publication 1975.
 4362         d. Any reference to an authority having jurisdiction in the
 4363  National Fire Protection Association, Inc., Publication 1403,
 4364  defined as the organization, office, or individual responsible
 4365  for approving equipment, materials, installations, and
 4366  procedures.
 4367         3. A 40-hour training program for live fire training
 4368  instructors, including:
 4369         a. Live fire instructional techniques.
 4370         b. Training safety in acquired or permanent facilities or
 4371  props.
 4372         c. Personnel safety.
 4373         d. Exterior props, including, but not limited to, liquid
 4374  petroleum gas, other liquid fuels, and similar props.
 4375         (c) The rules, excluding those pertaining to live fire
 4376  training instructor certification, shall take effect no later
 4377  than January 1, 2006.
 4378         (c)(d) Each live fire training instructor is required to be
 4379  a state certified fire safety instructor. All live fire training
 4380  commenced on and after January 1, 2007, must be conducted by a
 4381  certified live fire training instructor.
 4382         (d)(e) This subsection does not apply to wildland or
 4383  prescribed live fire training exercises sanctioned by the
 4384  Florida Forest Service of the Department of Agriculture and
 4385  Consumer Services or the National Wildfire Coordinating Group.
 4386         (7) The division shall:
 4387         (a) Investigate and prescribe by rule what safety devices,
 4388  safeguards, or other means of protection must be adopted for the
 4389  prevention of accidents and injuries in every firefighter
 4390  employee place of employment or at any fire scene; determine
 4391  what suitable devices, safeguards, or other means of protection
 4392  for the prevention of occupational diseases must be adopted or
 4393  followed in any or all such firefighter places of employment or
 4394  at any emergency fire scene; and adopt reasonable rules for the
 4395  prevention of accidents, the safety, protection, and security of
 4396  firefighter employees engaged in interior firefighting, and the
 4397  prevention of occupational diseases.
 4398         (b) Ascertain, fix, and order such reasonable standards and
 4399  rules for the construction, repair, and maintenance of
 4400  firefighter employee places of employment so as to render them
 4401  safe. Such rules and standards shall be adopted in accordance
 4402  with chapter 120.
 4403         (c) Adopt rules prescribing recordkeeping responsibilities
 4404  for firefighter employers, which may include maintaining a log
 4405  and summary of occupational injuries, diseases, and illnesses,
 4406  for producing on request a notice of injury and firefighter
 4407  employee accident investigation records, and prescribing a
 4408  retention schedule for such records.
 4409         Section 80. Section 633.817, Florida Statutes, is
 4410  transferred, renumbered as section 633.512, Florida Statutes,
 4411  and amended to read:
 4412         633.512 633.817 Compliance.—Failure of a firefighter
 4413  employer or an insurer to comply with this part ss. 633.801
 4414  633.821, or with any rules adopted under this part ss. 633.801
 4415  633.821, constitutes grounds for the division to seek remedies,
 4416  including injunctive relief, by making appropriate filings with
 4417  the circuit court.
 4418         Section 81. Section 633.805, Florida Statutes, is
 4419  transferred and renumbered as section 633.516, Florida Statutes.
 4420         Section 82. Section 633.806, Florida Statutes, is
 4421  transferred, renumbered as section 633.518, Florida Statutes,
 4422  and amended to read:
 4423         633.518 633.806Studies, investigations, inspections, or
 4424  inquiries by the division; refusal to admit; penalty.—
 4425         (1) The division shall make studies, and investigations,
 4426  inspections, or inquiries with respect to compliance with this
 4427  part or any rules authorized under this part safety provisions
 4428  and the causes of firefighter employee injuries, illnesses,
 4429  safety-based complaints, or Line of Duty Deaths (LODD) as
 4430  defined in rule in firefighter employee places of employment and
 4431  shall make such recommendations to the Legislature and
 4432  firefighter employers and insurers as the division considers
 4433  proper as to prevent or reduce future occurrences the best means
 4434  of preventing firefighter injuries. In making such studies, and
 4435  investigations, inspections, or inquiries, the division may
 4436  cooperate with any agency of the United States charged with the
 4437  duty of enforcing any law securing safety against injury in any
 4438  place of firefighter employment covered by this part ss.
 4439  633.801-633.821 or any agency or department of the state engaged
 4440  in enforcing any law to ensure safety for firefighter employees.
 4441         (2) The division by rule may adopt procedures for
 4442  conducting investigations, inspections, or inquiries of
 4443  firefighter employers under this part ss. 633.801-633.821.
 4444         (3) The division and authorized representatives of the
 4445  division may enter and inspect any firefighter employee’s place
 4446  of employment at any reasonable time for the purpose of
 4447  investigating compliance with this part and conducting
 4448  inspections for the proper enforcement of this part. A
 4449  firefighter employer who refuses to admit any member of the
 4450  division or authorized representative of the division to any
 4451  place of employment or to allow investigation and inspection
 4452  pursuant to this section commits a misdemeanor of the second
 4453  degree, punishable as provided in s. 775.082 or s. 775.083.
 4454         Section 83. Section 633.807, Florida Statutes, is
 4455  transferred, renumbered as section 633.520, Florida Statutes,
 4456  and amended to read:
 4457         633.520 633.807 Safety; firefighter employer
 4458  responsibilities.—Every firefighter employer shall furnish and
 4459  use safety devices and safeguards, adopt and use methods and
 4460  processes reasonably adequate to render such an employment and
 4461  place of employment safe, and do every other thing reasonably
 4462  necessary to protect the lives, health, and safety of such
 4463  firefighter employees. As used in this section, the terms “safe”
 4464  and “safety,” as applied to any employment or place of
 4465  firefighter employment, mean such freedom from danger as is
 4466  reasonably necessary for the protection of the lives, health,
 4467  and safety of firefighter employees, including conditions and
 4468  methods of sanitation and hygiene. Safety devices and safeguards
 4469  required to be furnished by the firefighter employer by this
 4470  section or by the division under authority of this section do
 4471  shall not include personal apparel and protective devices that
 4472  replace personal apparel normally worn by firefighter employees
 4473  during regular working hours.
 4474         Section 84. Section 633.809, Florida Statutes, is
 4475  transferred, renumbered as section 633.522, Florida Statutes,
 4476  and amended to read:
 4477         633.522 633.809 Firefighter employers; whose firefighter
 4478  employees have a high frequency of work-related injuries;
 4479  corrective plans; workplace safety committees and coordinators;
 4480  failure to implement a safety and health program; cancellation.—
 4481         (1) The division shall develop a means to by which the
 4482  division may identify individual firefighter employers with
 4483  whose firefighter employees have a high frequency or severity of
 4484  firefighter employee work-related injuries. The division shall
 4485  carry out safety inspections of the facilities and operations of
 4486  those firefighter employers in order to assist them in reducing
 4487  the frequency and severity of work-related injuries. The
 4488  division shall develop safety and health programs for those
 4489  firefighter employers. Insurers shall distribute such safety and
 4490  health programs to the firefighter employers so identified by
 4491  the division. Those firefighter employers identified by the
 4492  division as having a high frequency or severity of work-related
 4493  injuries shall implement a safety and health program developed
 4494  by the division. The division shall conduct carry out safety
 4495  inspections of those firefighter employers so identified to
 4496  ensure compliance with this part or the division’s rules and
 4497  make recommendations based upon current the safety and health
 4498  practices program and to assist such firefighter employers in
 4499  reducing the number of work-related injuries. The division may
 4500  not assess penalties as a result of such inspections, except as
 4501  provided by s. 633.813. Copies of any report made as the result
 4502  of such an inspection shall be provided to the firefighter
 4503  employer and its insurer. Firefighter employers shall may submit
 4504  a plan for the correction of any noncompliance issues their own
 4505  safety and health programs to the division for approval in
 4506  accordance with division rule lieu of using the safety and
 4507  health program developed by the division. The division shall
 4508  promptly review the plan program submitted and approve or
 4509  disapprove the plan program within 60 days or such plan program
 4510  shall be deemed approved. Upon approval by the division, the
 4511  plan program shall be implemented by the firefighter employer.
 4512  If the plan program is not submitted, does not provide
 4513  corrective actions for all deficiencies, is not complete, or is
 4514  not implemented, the fire service provider shall be subject to
 4515  s. 633.526 approved or if a program is not submitted, the
 4516  firefighter employer shall implement the program developed by
 4517  the division. The division shall adopt rules setting forth the
 4518  criteria for safety and health programs, as such rules relate to
 4519  this section.
 4520         (2) In order to promote health and safety in firefighter
 4521  employee places of employment in this state:
 4522         (a) Each firefighter employer of 20 or more firefighter
 4523  employees shall establish and administer a workplace safety
 4524  committee in accordance with rules adopted under this section.
 4525         (b) Each firefighter employer of fewer than 20 firefighter
 4526  employees with a high frequency or high severity of work-related
 4527  injuries, as identified by the division, shall establish and
 4528  administer a workplace safety committee or designate a workplace
 4529  safety coordinator who shall establish and administer workplace
 4530  safety activities in accordance with rules adopted under this
 4531  section.
 4532         (3) The division shall adopt rules:
 4533         (a) Prescribing the membership of the workplace safety
 4534  committees so as to ensure an equal number of firefighter
 4535  employee representatives who are volunteers or are elected by
 4536  their peers and firefighter employer representatives, and
 4537  specifying the frequency of meetings.
 4538         (b) Requiring firefighter employers to make adequate
 4539  records of each meeting and to file and to maintain the records
 4540  subject to inspection by the division.
 4541         (c) Prescribing the duties and functions of the workplace
 4542  safety committee and workplace safety coordinator which include,
 4543  but are not limited to:
 4544         1. Establishing procedures for workplace safety inspections
 4545  by the committee.
 4546         2. Establishing procedures for investigating all workplace
 4547  accidents, safety-related incidents, illnesses, and deaths.
 4548         3. Evaluating accident prevention and illness prevention
 4549  programs.
 4550         4. Prescribing guidelines for the training of safety
 4551  committee members.
 4552         (4) The composition, selection, and function of workplace
 4553  safety committees shall be a mandatory topic of negotiations
 4554  with any certified collective bargaining agent for firefighter
 4555  employers that operate under a collective bargaining agreement.
 4556  Firefighter employers that operate under a collective bargaining
 4557  agreement that contains provisions governing the formation and
 4558  operation of workplace safety committees that meet or exceed the
 4559  minimum requirements contained in this section, or firefighter
 4560  employers who otherwise have existing workplace safety
 4561  committees that meet or exceed the minimum requirements
 4562  established by this section, are in compliance with this
 4563  section.
 4564         (5) Firefighter employees shall be compensated their
 4565  regular hourly wage while engaged in workplace safety committee
 4566  or workplace safety coordinator training, meetings, or other
 4567  duties prescribed under this section.
 4568         (6) If a firefighter employer fails to implement a
 4569  corrective plan, the insurer or self-insurer’s fund that is
 4570  providing coverage for the firefighter employer may cancel the
 4571  contract for insurance with the firefighter employer. In the
 4572  alternative, the insurer or fund may terminate any discount or
 4573  deviation granted to the firefighter employer for the remainder
 4574  of the term of the policy. If the contract is canceled or the
 4575  discount or deviation is terminated, the insurer must make such
 4576  reports as are required by law.
 4577         Section 85. Section 633.811, Florida Statutes, is
 4578  transferred, renumbered as section 633.526, Florida Statutes,
 4579  and amended to read:
 4580         633.526 633.811 Firefighter employer penalties.—If any
 4581  firefighter employer violates or fails or refuses to comply with
 4582  this part ss. 633.801-633.821, or with any rule adopted by the
 4583  division under such sections in accordance with chapter 120 for
 4584  the prevention of injuries, accidents, or occupational diseases
 4585  or with any lawful order of the division in connection with this
 4586  part ss. 633.801-633.821, or fails or refuses to furnish or
 4587  adopt any safety device, safeguard, or other means of protection
 4588  prescribed by division rule under this part ss. 633.801-633.821
 4589  for the prevention of accidents or occupational diseases, the
 4590  division may:
 4591         (1) Issue an administrative cease and desist order,
 4592  enforceable in the circuit court in the jurisdiction where the
 4593  violation is occurring or has occurred.
 4594         (2) Assess an administrative fine against a firefighter
 4595  employer of not less than $100 or more than $1,000 for each
 4596  violation and each day a violation is committed.
 4597         (3) Assess against the firefighter employer a civil penalty
 4598  of not less than $100 nor more than $5,000 for each day the
 4599  violation, omission, failure, or refusal continues after the
 4600  firefighter employer has been given written notice of such
 4601  violation, omission, failure, or refusal. The total penalty for
 4602  each violation shall not exceed $50,000. The division shall
 4603  adopt rules requiring penalties commensurate with the frequency
 4604  or severity of safety violations. Hearings requested under this
 4605  section shall be conducted in Tallahassee A hearing shall be
 4606  held in the county in which the violation, omission, failure, or
 4607  refusal is alleged to have occurred, unless otherwise agreed to
 4608  by the firefighter employer and authorized by the division. All
 4609  penalties assessed and collected under this section shall be
 4610  deposited in the Insurance Regulatory Trust Fund.
 4611         Section 86. Section 633.812, Florida Statutes, is
 4612  transferred and renumbered as section 633.528, Florida Statutes,
 4613  and subsections (2) and (3) of that section are amended, to
 4614  read:
 4615         633.528 633.812 Division cooperation with Federal
 4616  Government; exemption from requirements for private firefighter
 4617  employers.—
 4618         (2) Except as provided in this section, A private
 4619  firefighter employer is not subject to the requirements set
 4620  forth in part IV and this part of the division if the private
 4621  firefighter employer meets the requirements of this part and:
 4622         (a) The private firefighter employer is subject to the
 4623  federal regulations in 29 C.F.R. ss. 1910 and 1926.
 4624         (b) The private firefighter employer has adopted and
 4625  implemented a written safety program that conforms to the
 4626  requirements of 29 C.F.R. ss. 1910 and 1926.
 4627         (c) A private firefighter employer with 20 or more full
 4628  time firefighter employees shall include provisions for a safety
 4629  committee in the safety program. The safety committee shall
 4630  include firefighter employee representation and shall meet at
 4631  least once each calendar quarter. The private firefighter
 4632  employer shall make adequate records of each meeting and
 4633  maintain the records subject to inspections under subsection
 4634  (3). The safety committee shall, if appropriate, make
 4635  recommendations regarding improvements to the safety program and
 4636  corrections of hazards affecting workplace safety.
 4637         (c)(d) The private firefighter employer provides the
 4638  division with a written statement that certifies compliance with
 4639  this subsection.
 4640         (3) The division may enter at any reasonable time any place
 4641  of private firefighter employment for the purpose of verifying
 4642  the accuracy of the written certification. If the division
 4643  determines that the private firefighter employer has not
 4644  complied with the requirements of subsection (2), the private
 4645  firefighter employer shall be subject to the rules of the
 4646  division until the private firefighter employer complies with
 4647  subsection (2), which must be verified by a reinspection by and
 4648  recertifies that fact to the division.
 4649         Section 87. Section 633.816, Florida Statutes, is
 4650  transferred, renumbered as section 633.532, Florida Statutes,
 4651  and amended to read:
 4652         633.532 633.816 Firefighter employee rights and
 4653  responsibilities.—
 4654         (1) Each firefighter employee of a firefighter employer
 4655  covered under this part ss. 633.801-633.821 shall comply with
 4656  rules adopted by the division and with reasonable workplace
 4657  safety and health standards, rules, policies, procedures, and
 4658  work practices established by the firefighter employer and the
 4659  workplace safety committee. A firefighter employee who knowingly
 4660  fails to comply with this subsection may be disciplined or
 4661  discharged by the firefighter employer.
 4662         (2) A firefighter employer may not discharge, threaten to
 4663  discharge, cause to be discharged, intimidate, coerce, otherwise
 4664  discipline, or in any manner discriminate against a firefighter
 4665  employee for any of the following reasons:
 4666         (a) The firefighter employee has testified or is about to
 4667  testify, on her or his own behalf or on behalf of others, in any
 4668  proceeding instituted under this part ss. 633.801-633.821;
 4669         (b) The firefighter employee has exercised any other right
 4670  given afforded under this part ss. 633.801-633.821; or
 4671         (c) The firefighter employee is engaged in activities
 4672  relating to the workplace safety committee.
 4673         (3) No Pay, a position, seniority, or any other benefit may
 4674  not be lost for exercising any right under, or for seeking
 4675  compliance with any requirement of, this part ss. 633.801
 4676  633.821.
 4677         Section 88. Section 633.818, Florida Statutes, is
 4678  transferred, renumbered as section 633.534, Florida Statutes,
 4679  and amended to read:
 4680         633.534 633.818 False, fictitious, or fraudulent acts,
 4681  statements, and representations prohibited; penalty; statute of
 4682  limitations to insurers.—
 4683         (1) A firefighter employer who knowingly and willfully
 4684  falsifies or conceals a material fact, who makes a false,
 4685  fictitious, or fraudulent statement or representation, or who
 4686  makes or uses any false document knowing the document to contain
 4687  any false, fictitious, or fraudulent entry or statement to an
 4688  insurer of workers’ compensation insurance under this part ss.
 4689  633.801-633.821 commits a misdemeanor of the second degree,
 4690  punishable as provided in s. 775.082 or s. 775.083.
 4691         (2) A person may not, in any matter within the jurisdiction
 4692  of the division, knowingly and willfully falsify or conceal a
 4693  material fact; make any false, fictitious, or fraudulent
 4694  statement or representation; or make or use any false document,
 4695  knowing the same to contain any false, fictitious, or fraudulent
 4696  statement or entry. A person who violates this section commits a
 4697  misdemeanor of the second degree, punishable as provided in s.
 4698  775.082 or s. 775.083. The statute of limitations for
 4699  prosecution of an act committed in violation of this section is
 4700  5 years after the date the act was committed or, if not
 4701  discovered within 30 days after the act was committed, 5 years
 4702  after the date the act was discovered.
 4703         Section 89. Section 633.814, Florida Statutes, is
 4704  transferred, renumbered as section 633.536, Florida Statutes,
 4705  and amended to read:
 4706         633.536 633.814 Expenses of administration.—The amounts
 4707  that are needed to administer this part ss. 633.801-633.821
 4708  shall be disbursed from the Insurance Regulatory Trust Fund.
 4709         Section 90. Paragraph (b) of subsection (2) of section
 4710  112.011, Florida Statutes, is amended to read:
 4711         112.011 Disqualification from licensing and public
 4712  employment based on criminal conviction.—
 4713         (2)
 4714         (b) This section does not apply to the employment practices
 4715  of any fire department relating to the hiring of firefighters.
 4716  An applicant for employment with any fire department who has a
 4717  prior felony conviction shall be excluded from employment for a
 4718  period of 4 years after expiration of sentence or final release
 4719  by the Parole Commission unless the applicant, before the
 4720  expiration of the 4-year period, has received a full pardon or
 4721  has had his or her civil rights restored.
 4722         Section 91. Paragraph (i) of subsection (2) of section
 4723  112.191, Florida Statutes, is amended, and paragraphs (a), (b),
 4724  and (c) of subsection (2) of that section are reenacted, to
 4725  read:
 4726         112.191 Firefighters; death benefits.—
 4727         (2)(a) The sum of $50,000, as adjusted pursuant to
 4728  paragraph (i), shall be paid as provided in this section when a
 4729  firefighter, while engaged in the performance of his or her
 4730  firefighter duties, is accidentally killed or receives
 4731  accidental bodily injury which subsequently results in the loss
 4732  of the firefighter’s life, provided that such killing is not the
 4733  result of suicide and that such bodily injury is not
 4734  intentionally self-inflicted. Notwithstanding any other
 4735  provision of law, in no case shall the amount payable under this
 4736  subsection be less than the actual amount stated therein.
 4737         (b) The sum of $50,000, as adjusted pursuant to paragraph
 4738  (i), shall be paid as provided in this section if a firefighter
 4739  is accidentally killed as specified in paragraph (a) and the
 4740  accidental death occurs as a result of the firefighter’s
 4741  response to what is reasonably believed to be an emergency
 4742  involving the protection of life or property or the
 4743  firefighter’s participation in a training exercise. This sum is
 4744  in addition to any sum provided in paragraph (a).
 4745  Notwithstanding any other provision of law, the amount payable
 4746  under this subsection may not be less than the actual amount
 4747  stated therein.
 4748         (c) If a firefighter, while engaged in the performance of
 4749  his or her firefighter duties, is unlawfully and intentionally
 4750  killed, is injured by an unlawful and intentional act of another
 4751  person and dies as a result of such injury, dies as a result of
 4752  a fire which has been determined to have been caused by an act
 4753  of arson, or subsequently dies as a result of injuries sustained
 4754  therefrom, the sum of $150,000, as adjusted pursuant to
 4755  paragraph (i), shall be paid as provided in this section.
 4756  Notwithstanding any other provision of law, the amount payable
 4757  under this subsection may not be less than the actual amount
 4758  stated therein.
 4759         (i) Any payments made pursuant to paragraph (a), paragraph
 4760  (b), or paragraph (c) shall consist of the statutory amount
 4761  adjusted to show reflect price level changes in the Consumer
 4762  Price Index for All Urban Consumers published by the United
 4763  States Department of Labor since July 1, 2002 the effective date
 4764  of the act. The Division of State Fire Marshal, using the most
 4765  recent month for which Consumer Price Index data is available,
 4766  shall, on June 15 of each year, calculate and publish on the
 4767  division’s internet website the amount resulting from the
 4768  adjustments to by rule adjust the statutory amounts amount based
 4769  on the Consumer Price Index for All Urban Consumers published by
 4770  the United States Department of Labor. The adjusted statutory
 4771  amounts Adjustment shall be effective on made July 1 of each
 4772  year using the most recent month for which data are available at
 4773  the time of the adjustment.
 4774         Section 92. Subsection (4) of section 120.541, Florida
 4775  Statutes, as amended by section 1 of chapter 2011-222, 2011 Laws
 4776  of Florida, is amended to read:
 4777         120.541 Statement of estimated regulatory costs.—
 4778         (4) Subsection (3) does not apply to the adoption of:
 4779         (a) Federal standards pursuant to s. 120.54(6).
 4780         (b) Triennial updates of and amendments to the Florida
 4781  Building Code which are expressly authorized by s. 553.73.
 4782         (c) Triennial updates of and amendments to the Florida Fire
 4783  Prevention Code which are expressly authorized by s. 633.202 s.
 4784  633.0215.
 4785         Section 93. Paragraph (c) of subsection (6) of section
 4786  196.081, Florida Statutes, as amended by section 2 of chapter
 4787  2012-54, Laws of Florida, and section 19 of chapter 2012-193,
 4788  Laws of Florida, is amended to read:
 4789         196.081 Exemption for certain permanently and totally
 4790  disabled veterans and for surviving spouses of veterans
 4791  exemption for surviving spouses of first responders who die in
 4792  the line of duty.—
 4793         (6) Any real estate that is owned and used as a homestead
 4794  by the surviving spouse of a first responder who died in the
 4795  line of duty while employed by the state or any political
 4796  subdivision of the state, including authorities and special
 4797  districts, and for whom a letter from the state or appropriate
 4798  political subdivision of the state, or other authority or
 4799  special district, has been issued which legally recognizes and
 4800  certifies that the first responder died in the line of duty
 4801  while employed as a first responder is exempt from taxation if
 4802  the first responder and his or her surviving spouse were
 4803  permanent residents of this state on January 1 of the year in
 4804  which the first responder died.
 4805         (c) As used in this subsection only, and not applicable to
 4806  the payment of benefits under s. 112.19 or s. 112.191, the term:
 4807         1. “First responder” means a law enforcement officer or
 4808  correctional officer as defined in s. 943.10, a firefighter as
 4809  defined in s. 633.102 s. 633.30, or an emergency medical
 4810  technician or paramedic as defined in s. 401.23 who is a full
 4811  time paid employee, part-time paid employee, or unpaid
 4812  volunteer.
 4813         2. “In the line of duty” means:
 4814         a. While engaging in law enforcement;
 4815         b. While performing an activity relating to fire
 4816  suppression and prevention;
 4817         c. While responding to a hazardous material emergency;
 4818         d. While performing rescue activity;
 4819         e. While providing emergency medical services;
 4820         f. While performing disaster relief activity;
 4821         g. While otherwise engaging in emergency response activity;
 4822  or
 4823         h. While engaging in a training exercise related to any of
 4824  the events or activities enumerated in this subparagraph if the
 4825  training has been authorized by the employing entity.
 4826  
 4827  A heart attack or stroke that causes death or causes an injury
 4828  resulting in death must occur within 24 hours after an event or
 4829  activity enumerated in this subparagraph and must be directly
 4830  and proximately caused by the event or activity in order to be
 4831  considered as having occurred in the line of duty.
 4832         Section 94. Section 633.024, Florida Statutes, is repealed.
 4833         Section 95. Section 633.0245, Florida Statutes, is
 4834  repealed.
 4835         Section 96. Section 633.03, Florida Statutes, is repealed.
 4836         Section 97. Section 633.0421, Florida Statutes, is
 4837  repealed.
 4838         Section 98. Section 633.13, Florida Statutes, is repealed.
 4839         Section 99. Section 633.167, Florida Statutes, is repealed.
 4840         Section 100. Section 633.18, Florida Statutes, is repealed.
 4841         Section 101. Section 633.30, Florida Statutes, is repealed.
 4842         Section 102. Section 633.32, Florida Statutes, is repealed.
 4843         Section 103. Section 633.33, Florida Statutes, is repealed.
 4844         Section 104. Section 633.37, Florida Statutes, is repealed.
 4845         Section 105. Section 633.445, Florida Statutes, is
 4846  repealed.
 4847         Section 106. Section 633.514, Florida Statutes, is
 4848  repealed.
 4849         Section 107. Section 633.517, Florida Statutes, is
 4850  repealed.
 4851         Section 108. Section 633.524, Florida Statutes, is
 4852  repealed.
 4853         Section 109. Section 633.804, Florida Statutes, is
 4854  repealed.
 4855         Section 110. Section 633.808, Florida Statutes, is
 4856  repealed.
 4857         Section 111. Section 633.810, Florida Statutes, is
 4858  repealed.
 4859         Section 112. Section 633.813, Florida Statutes, is
 4860  repealed.
 4861         Section 113. Section 633.815, Florida Statutes, is
 4862  repealed.
 4863         Section 114. Section 633.819, Florida Statutes, is
 4864  repealed.
 4865         Section 115. Section 633.820, Florida Statutes, is
 4866  repealed.
 4867         Section 116. Subsection (1) of section 112.1815, Florida
 4868  Statutes, is amended to read:
 4869         112.1815 Firefighters, paramedics, emergency medical
 4870  technicians, and law enforcement officers; special provisions
 4871  for employment-related accidents and injuries.—
 4872         (1) The term “first responder” as used in this section
 4873  means a law enforcement officer as defined in s. 943.10, a
 4874  firefighter as defined in s. 633.102 633.30, or an emergency
 4875  medical technician or paramedic as defined in s. 401.23 employed
 4876  by state or local government. A volunteer law enforcement
 4877  officer, firefighter, or emergency medical technician or
 4878  paramedic engaged by the state or a local government is also
 4879  considered a first responder of the state or local government
 4880  for purposes of this section.
 4881         Section 117. Paragraph (b) of subsection (1) of section
 4882  112.191, Florida Statutes, is amended to read:
 4883         112.191 Firefighters; death benefits.—
 4884         (1) Whenever used in this act:
 4885         (b) The term “firefighter” means any full-time duly
 4886  employed uniformed firefighter employed by an employer, whose
 4887  primary duty is the prevention and extinguishing of fires, the
 4888  protection of life and property therefrom, the enforcement of
 4889  municipal, county, and state fire prevention codes, as well as
 4890  the enforcement of any law pertaining to the prevention and
 4891  control of fires, who is certified pursuant to s. 633.408
 4892  633.35, and who is a member of a duly constituted fire
 4893  department of such employer or who is a volunteer firefighter.
 4894         Section 118. Subsection (1) of section 112.81, Florida
 4895  Statutes, is amended to read:
 4896         112.81 Definitions.—As used in this part:
 4897         (1) “Firefighter” means a any person who is certified in
 4898  compliance with s. 633.408 633.35 and who is employed solely
 4899  within the fire department or public safety department of an
 4900  employing agency as a full-time firefighter whose primary
 4901  responsibility is the prevention and extinguishment of fires;
 4902  the protection of life and property; and the enforcement of
 4903  municipal, county, and state fire prevention codes and laws
 4904  pertaining to the prevention and control of fires.
 4905         Section 119. Paragraph (d) of subsection (4) of section
 4906  119.071, Florida Statutes, is amended to read:
 4907         119.071 General exemptions from inspection or copying of
 4908  public records.—
 4909         (4) AGENCY PERSONNEL INFORMATION.—
 4910         (d)1. For purposes of this paragraph, the term “telephone
 4911  numbers” includes home telephone numbers, personal cellular
 4912  telephone numbers, personal pager telephone numbers, and
 4913  telephone numbers associated with personal communications
 4914  devices.
 4915         2.a. The home addresses, telephone numbers, social security
 4916  numbers, dates of birth, and photographs of active or former
 4917  sworn or civilian law enforcement personnel, including
 4918  correctional and correctional probation officers, personnel of
 4919  the Department of Children and Family Services whose duties
 4920  include the investigation of abuse, neglect, exploitation,
 4921  fraud, theft, or other criminal activities, personnel of the
 4922  Department of Health whose duties are to support the
 4923  investigation of child abuse or neglect, and personnel of the
 4924  Department of Revenue or local governments whose
 4925  responsibilities include revenue collection and enforcement or
 4926  child support enforcement; the home addresses, telephone
 4927  numbers, social security numbers, photographs, dates of birth,
 4928  and places of employment of the spouses and children of such
 4929  personnel; and the names and locations of schools and day care
 4930  facilities attended by the children of such personnel are exempt
 4931  from s. 119.07(1).
 4932         b. The home addresses, telephone numbers, dates of birth,
 4933  and photographs of firefighters certified in compliance with s.
 4934  633.408 633.35; the home addresses, telephone numbers,
 4935  photographs, dates of birth, and places of employment of the
 4936  spouses and children of such firefighters; and the names and
 4937  locations of schools and day care facilities attended by the
 4938  children of such firefighters are exempt from s. 119.07(1).
 4939         c. The home addresses, dates of birth, and telephone
 4940  numbers of current or former justices of the Supreme Court,
 4941  district court of appeal judges, circuit court judges, and
 4942  county court judges; the home addresses, telephone numbers,
 4943  dates of birth, and places of employment of the spouses and
 4944  children of current or former justices and judges; and the names
 4945  and locations of schools and day care facilities attended by the
 4946  children of current or former justices and judges are exempt
 4947  from s. 119.07(1).
 4948         d. The home addresses, telephone numbers, social security
 4949  numbers, dates of birth, and photographs of current or former
 4950  state attorneys, assistant state attorneys, statewide
 4951  prosecutors, or assistant statewide prosecutors; the home
 4952  addresses, telephone numbers, social security numbers,
 4953  photographs, dates of birth, and places of employment of the
 4954  spouses and children of current or former state attorneys,
 4955  assistant state attorneys, statewide prosecutors, or assistant
 4956  statewide prosecutors; and the names and locations of schools
 4957  and day care facilities attended by the children of current or
 4958  former state attorneys, assistant state attorneys, statewide
 4959  prosecutors, or assistant statewide prosecutors are exempt from
 4960  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 4961         e. The home addresses, dates of birth, and telephone
 4962  numbers of general magistrates, special magistrates, judges of
 4963  compensation claims, administrative law judges of the Division
 4964  of Administrative Hearings, and child support enforcement
 4965  hearing officers; the home addresses, telephone numbers, dates
 4966  of birth, and places of employment of the spouses and children
 4967  of general magistrates, special magistrates, judges of
 4968  compensation claims, administrative law judges of the Division
 4969  of Administrative Hearings, and child support enforcement
 4970  hearing officers; and the names and locations of schools and day
 4971  care facilities attended by the children of general magistrates,
 4972  special magistrates, judges of compensation claims,
 4973  administrative law judges of the Division of Administrative
 4974  Hearings, and child support enforcement hearing officers are
 4975  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 4976  Constitution if the general magistrate, special magistrate,
 4977  judge of compensation claims, administrative law judge of the
 4978  Division of Administrative Hearings, or child support hearing
 4979  officer provides a written statement that the general
 4980  magistrate, special magistrate, judge of compensation claims,
 4981  administrative law judge of the Division of Administrative
 4982  Hearings, or child support hearing officer has made reasonable
 4983  efforts to protect such information from being accessible
 4984  through other means available to the public.
 4985         f. The home addresses, telephone numbers, dates of birth,
 4986  and photographs of current or former human resource, labor
 4987  relations, or employee relations directors, assistant directors,
 4988  managers, or assistant managers of any local government agency
 4989  or water management district whose duties include hiring and
 4990  firing employees, labor contract negotiation, administration, or
 4991  other personnel-related duties; the names, home addresses,
 4992  telephone numbers, dates of birth, and places of employment of
 4993  the spouses and children of such personnel; and the names and
 4994  locations of schools and day care facilities attended by the
 4995  children of such personnel are exempt from s. 119.07(1) and s.
 4996  24(a), Art. I of the State Constitution.
 4997         g. The home addresses, telephone numbers, dates of birth,
 4998  and photographs of current or former code enforcement officers;
 4999  the names, home addresses, telephone numbers, dates of birth,
 5000  and places of employment of the spouses and children of such
 5001  personnel; and the names and locations of schools and day care
 5002  facilities attended by the children of such personnel are exempt
 5003  from s. 119.07(1) and s. 24(a), Art. I of the State
 5004  Constitution.
 5005         h. The home addresses, telephone numbers, places of
 5006  employment, dates of birth, and photographs of current or former
 5007  guardians ad litem, as defined in s. 39.820; the names, home
 5008  addresses, telephone numbers, dates of birth, and places of
 5009  employment of the spouses and children of such persons; and the
 5010  names and locations of schools and day care facilities attended
 5011  by the children of such persons are exempt from s. 119.07(1) and
 5012  s. 24(a), Art. I of the State Constitution, if the guardian ad
 5013  litem provides a written statement that the guardian ad litem
 5014  has made reasonable efforts to protect such information from
 5015  being accessible through other means available to the public.
 5016         i. The home addresses, telephone numbers, dates of birth,
 5017  and photographs of current or former juvenile probation
 5018  officers, juvenile probation supervisors, detention
 5019  superintendents, assistant detention superintendents, juvenile
 5020  justice detention officers I and II, juvenile justice detention
 5021  officer supervisors, juvenile justice residential officers,
 5022  juvenile justice residential officer supervisors I and II,
 5023  juvenile justice counselors, juvenile justice counselor
 5024  supervisors, human services counselor administrators, senior
 5025  human services counselor administrators, rehabilitation
 5026  therapists, and social services counselors of the Department of
 5027  Juvenile Justice; the names, home addresses, telephone numbers,
 5028  dates of birth, and places of employment of spouses and children
 5029  of such personnel; and the names and locations of schools and
 5030  day care facilities attended by the children of such personnel
 5031  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5032  Constitution.
 5033         j. The home addresses, telephone numbers, dates of birth,
 5034  and photographs of current or former public defenders, assistant
 5035  public defenders, criminal conflict and civil regional counsel,
 5036  and assistant criminal conflict and civil regional counsel; the
 5037  home addresses, telephone numbers, dates of birth, and places of
 5038  employment of the spouses and children of such defenders or
 5039  counsel; and the names and locations of schools and day care
 5040  facilities attended by the children of such defenders or counsel
 5041  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5042  Constitution.
 5043         k. The home addresses, telephone numbers, and photographs
 5044  of current or former investigators or inspectors of the
 5045  Department of Business and Professional Regulation; the names,
 5046  home addresses, telephone numbers, and places of employment of
 5047  the spouses and children of such current or former investigators
 5048  and inspectors; and the names and locations of schools and day
 5049  care facilities attended by the children of such current or
 5050  former investigators and inspectors are exempt from s. 119.07(1)
 5051  and s. 24(a), Art. I of the State Constitution if the
 5052  investigator or inspector has made reasonable efforts to protect
 5053  such information from being accessible through other means
 5054  available to the public. This sub-subparagraph is subject to the
 5055  Open Government Sunset Review Act in accordance with s. 119.15
 5056  and shall stand repealed on October 2, 2017, unless reviewed and
 5057  saved from repeal through reenactment by the Legislature.
 5058         l. The home addresses and telephone numbers of county tax
 5059  collectors; the names, home addresses, telephone numbers, and
 5060  places of employment of the spouses and children of such tax
 5061  collectors; and the names and locations of schools and day care
 5062  facilities attended by the children of such tax collectors are
 5063  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5064  Constitution if the county tax collector has made reasonable
 5065  efforts to protect such information from being accessible
 5066  through other means available to the public. This sub
 5067  subparagraph is subject to the Open Government Sunset Review Act
 5068  in accordance with s. 119.15 and shall stand repealed on October
 5069  2, 2017, unless reviewed and saved from repeal through
 5070  reenactment by the Legislature.
 5071         3. An agency that is the custodian of the information
 5072  specified in subparagraph 2. and that is not the employer of the
 5073  officer, employee, justice, judge, or other person specified in
 5074  subparagraph 2. shall maintain the exempt status of that
 5075  information only if the officer, employee, justice, judge, other
 5076  person, or employing agency of the designated employee submits a
 5077  written request for maintenance of the exemption to the
 5078  custodial agency.
 5079         4. The exemptions in this paragraph apply to information
 5080  held by an agency before, on, or after the effective date of the
 5081  exemption.
 5082         5. This paragraph is subject to the Open Government Sunset
 5083  Review Act in accordance with s. 119.15, and shall stand
 5084  repealed on October 2, 2017, unless reviewed and saved from
 5085  repeal through reenactment by the Legislature.
 5086         Section 120. Subsection (17) of section 120.80, Florida
 5087  Statutes, is amended to read:
 5088         120.80 Exceptions and special requirements; agencies.—
 5089         (17) STATE FIRE MARSHAL.—Section 120.541(3) does not apply
 5090  to the adoption of amendments and the triennial update to the
 5091  Florida Fire Prevention Code expressly authorized by s. 633.202
 5092  633.0215.
 5093         Section 121. Subsection (3) and paragraph (a) of subsection
 5094  (6) of section 121.0515, Florida Statutes, are amended to read:
 5095         121.0515 Special Risk Class.—
 5096         (3) CRITERIA.—A member, to be designated as a special risk
 5097  member, must meet the following criteria:
 5098         (a) Effective October 1, 1978, the member must be employed
 5099  as a law enforcement officer and be certified, or required to be
 5100  certified, in compliance with s. 943.1395; however, sheriffs and
 5101  elected police chiefs are excluded from meeting the
 5102  certification requirements of this paragraph. In addition, the
 5103  member’s duties and responsibilities must include the pursuit,
 5104  apprehension, and arrest of law violators or suspected law
 5105  violators; or as of July 1, 1982, the member must be an active
 5106  member of a bomb disposal unit whose primary responsibility is
 5107  the location, handling, and disposal of explosive devices; or
 5108  the member must be the supervisor or command officer of a member
 5109  or members who have such responsibilities. Administrative
 5110  support personnel, including, but not limited to, those whose
 5111  primary duties and responsibilities are in accounting,
 5112  purchasing, legal, and personnel, are not included;
 5113         (b) Effective October 1, 1978, the member must be employed
 5114  as a firefighter and be certified, or required to be certified,
 5115  in compliance with s. 633.408 633.35 and be employed solely
 5116  within the fire department of a local government employer or an
 5117  agency of state government with firefighting responsibilities.
 5118  In addition, the member’s duties and responsibilities must
 5119  include on-the-scene fighting of fires; as of October 1, 2001,
 5120  fire prevention or firefighter training; as of October 1, 2001,
 5121  direct supervision of firefighting units, fire prevention, or
 5122  firefighter training; or as of July 1, 2001, aerial firefighting
 5123  surveillance performed by fixed-wing aircraft pilots employed by
 5124  the Florida Forest Service of the Department of Agriculture and
 5125  Consumer Services; or the member must be the supervisor or
 5126  command officer of a member or members who have such
 5127  responsibilities. Administrative support personnel, including,
 5128  but not limited to, those whose primary duties and
 5129  responsibilities are in accounting, purchasing, legal, and
 5130  personnel, are not included. All periods of creditable service
 5131  in fire prevention or firefighter training, or as the supervisor
 5132  or command officer of a member or members who have such
 5133  responsibilities, and for which the employer paid the special
 5134  risk contribution rate, are included;
 5135         (c) Effective October 1, 1978, the member must be employed
 5136  as a correctional officer and be certified, or required to be
 5137  certified, in compliance with s. 943.1395. In addition, the
 5138  member’s primary duties and responsibilities must be the
 5139  custody, and physical restraint when necessary, of prisoners or
 5140  inmates within a prison, jail, or other criminal detention
 5141  facility, or while on work detail outside the facility, or while
 5142  being transported; or as of July 1, 1984, the member must be the
 5143  supervisor or command officer of a member or members who have
 5144  such responsibilities. Administrative support personnel,
 5145  including, but not limited to, those whose primary duties and
 5146  responsibilities are in accounting, purchasing, legal, and
 5147  personnel, are not included; however, wardens and assistant
 5148  wardens, as defined by rule, are included;
 5149         (d) Effective October 1, 1999, the member must be employed
 5150  by a licensed Advance Life Support (ALS) or Basic Life Support
 5151  (BLS) employer as an emergency medical technician or a paramedic
 5152  and be certified in compliance with s. 401.27. In addition, the
 5153  member’s primary duties and responsibilities must include on
 5154  the-scene emergency medical care or as of October 1, 2001,
 5155  direct supervision of emergency medical technicians or
 5156  paramedics, or the member must be the supervisor or command
 5157  officer of one or more members who have such responsibility.
 5158  Administrative support personnel, including, but not limited to,
 5159  those whose primary responsibilities are in accounting,
 5160  purchasing, legal, and personnel, are not included;
 5161         (e) Effective January 1, 2001, the member must be employed
 5162  as a community-based correctional probation officer and be
 5163  certified, or required to be certified, in compliance with s.
 5164  943.1395. In addition, the member’s primary duties and
 5165  responsibilities must be the supervised custody, surveillance,
 5166  control, investigation, and counseling of assigned inmates,
 5167  probationers, parolees, or community controllees within the
 5168  community; or the member must be the supervisor of a member or
 5169  members who have such responsibilities. Administrative support
 5170  personnel, including, but not limited to, those whose primary
 5171  duties and responsibilities are in accounting, purchasing, legal
 5172  services, and personnel management, are not included; however,
 5173  probation and parole circuit and deputy circuit administrators
 5174  are included;
 5175         (f) Effective January 1, 2001, the member must be employed
 5176  in one of the following classes and must spend at least 75
 5177  percent of his or her time performing duties which involve
 5178  contact with patients or inmates in a correctional or forensic
 5179  facility or institution:
 5180         1. Dietitian (class codes 5203 and 5204);
 5181         2. Public health nutrition consultant (class code 5224);
 5182         3. Psychological specialist (class codes 5230 and 5231);
 5183         4. Psychologist (class code 5234);
 5184         5. Senior psychologist (class codes 5237 and 5238);
 5185         6. Regional mental health consultant (class code 5240);
 5186         7. Psychological Services Director—DCF (class code 5242);
 5187         8. Pharmacist (class codes 5245 and 5246);
 5188         9. Senior pharmacist (class codes 5248 and 5249);
 5189         10. Dentist (class code 5266);
 5190         11. Senior dentist (class code 5269);
 5191         12. Registered nurse (class codes 5290 and 5291);
 5192         13. Senior registered nurse (class codes 5292 and 5293);
 5193         14. Registered nurse specialist (class codes 5294 and
 5194  5295);
 5195         15. Clinical associate (class codes 5298 and 5299);
 5196         16. Advanced registered nurse practitioner (class codes
 5197  5297 and 5300);
 5198         17. Advanced registered nurse practitioner specialist
 5199  (class codes 5304 and 5305);
 5200         18. Registered nurse supervisor (class codes 5306 and
 5201  5307);
 5202         19. Senior registered nurse supervisor (class codes 5308
 5203  and 5309);
 5204         20. Registered nursing consultant (class codes 5312 and
 5205  5313);
 5206         21. Quality management program supervisor (class code
 5207  5314);
 5208         22. Executive nursing director (class codes 5320 and 5321);
 5209         23. Speech and hearing therapist (class code 5406); or
 5210         24. Pharmacy manager (class code 5251);
 5211         (g) Effective July 1, 2001, the member must be employed as
 5212  a youth custody officer and be certified, or required to be
 5213  certified, in compliance with s. 943.1395. In addition, the
 5214  member’s primary duties and responsibilities must be the
 5215  supervised custody, surveillance, control, investigation,
 5216  apprehension, arrest, and counseling of assigned juveniles
 5217  within the community;
 5218         (h) Effective October 1, 2005, through June 30, 2008, the
 5219  member must be employed by a law enforcement agency or medical
 5220  examiner’s office in a forensic discipline recognized by the
 5221  International Association for Identification and must qualify
 5222  for active membership in the International Association for
 5223  Identification. The member’s primary duties and responsibilities
 5224  must include the collection, examination, preservation,
 5225  documentation, preparation, or analysis of physical evidence or
 5226  testimony, or both, or the member must be the direct supervisor,
 5227  quality management supervisor, or command officer of one or more
 5228  individuals with such responsibility. Administrative support
 5229  personnel, including, but not limited to, those whose primary
 5230  responsibilities are clerical or in accounting, purchasing,
 5231  legal, and personnel, are not included;
 5232         (i) Effective July 1, 2008, the member must be employed by
 5233  the Department of Law Enforcement in the crime laboratory or by
 5234  the Division of State Fire Marshal in the forensic laboratory in
 5235  one of the following classes:
 5236         1. Forensic technologist (class code 8459);
 5237         2. Crime laboratory technician (class code 8461);
 5238         3. Crime laboratory analyst (class code 8463);
 5239         4. Senior crime laboratory analyst (class code 8464);
 5240         5. Crime laboratory analyst supervisor (class code 8466);
 5241         6. Forensic chief (class code 9602); or
 5242         7. Forensic services quality manager (class code 9603);
 5243         (j) Effective July 1, 2008, the member must be employed by
 5244  a local government law enforcement agency or medical examiner’s
 5245  office and must spend at least 65 percent of his or her time
 5246  performing duties that involve the collection, examination,
 5247  preservation, documentation, preparation, or analysis of human
 5248  tissues or fluids or physical evidence having potential
 5249  biological, chemical, or radiological hazard or contamination,
 5250  or use chemicals, processes, or materials that may have
 5251  carcinogenic or health-damaging properties in the analysis of
 5252  such evidence, or the member must be the direct supervisor of
 5253  one or more individuals having such responsibility. If a special
 5254  risk member changes to another position within the same agency,
 5255  he or she must submit a complete application as provided in
 5256  paragraph (4)(a); or
 5257         (k) The member must have already qualified for and be
 5258  actively participating in special risk membership under
 5259  paragraph (a), paragraph (b), or paragraph (c), must have
 5260  suffered a qualifying injury as defined in this paragraph, must
 5261  not be receiving disability retirement benefits as provided in
 5262  s. 121.091(4), and must satisfy the requirements of this
 5263  paragraph.
 5264         1. The ability to qualify for the class of membership
 5265  defined in paragraph (2)(i) occurs when two licensed medical
 5266  physicians, one of whom is a primary treating physician of the
 5267  member, certify the existence of the physical injury and medical
 5268  condition that constitute a qualifying injury as defined in this
 5269  paragraph and that the member has reached maximum medical
 5270  improvement after August 1, 2008. The certifications from the
 5271  licensed medical physicians must include, at a minimum, that the
 5272  injury to the special risk member has resulted in a physical
 5273  loss, or loss of use, of at least two of the following: left
 5274  arm, right arm, left leg, or right leg; and:
 5275         a. That this physical loss or loss of use is total and
 5276  permanent, except if in the event that the loss of use is due to
 5277  a physical injury to the member’s brain, in which event the loss
 5278  of use is permanent with at least 75 percent loss of motor
 5279  function with respect to each arm or leg affected.
 5280         b. That this physical loss or loss of use renders the
 5281  member physically unable to perform the essential job functions
 5282  of his or her special risk position.
 5283         c. That, notwithstanding this physical loss or loss of use,
 5284  the individual can is able to perform the essential job
 5285  functions required by the member’s new position, as provided in
 5286  subparagraph 3.
 5287         d. That use of artificial limbs is either not possible or
 5288  does not alter the member’s ability to perform the essential job
 5289  functions of the member’s position.
 5290         e. That the physical loss or loss of use is a direct result
 5291  of a physical injury and not a result of any mental,
 5292  psychological, or emotional injury.
 5293         2. For the purposes of this paragraph, “qualifying injury”
 5294  means an injury sustained in the line of duty, as certified by
 5295  the member’s employing agency, by a special risk member that
 5296  does not result in total and permanent disability as defined in
 5297  s. 121.091(4)(b). An injury is a qualifying injury if the injury
 5298  is a physical injury to the member’s physical body resulting in
 5299  a physical loss, or loss of use, of at least two of the
 5300  following: left arm, right arm, left leg, or right leg.
 5301  Notwithstanding any other provision of this section, an injury
 5302  that would otherwise qualify as a qualifying injury is not
 5303  considered a qualifying injury if and when the member ceases
 5304  employment with the employer for whom he or she was providing
 5305  special risk services on the date the injury occurred.
 5306         3. The new position, as described in sub-subparagraph 1.c.,
 5307  that is required for qualification as a special risk member
 5308  under this paragraph is not required to be a position with
 5309  essential job functions that entitle an individual to special
 5310  risk membership. Whether a new position as described in sub
 5311  subparagraph 1.c. exists and is available to the special risk
 5312  member is a decision to be made solely by the employer in
 5313  accordance with its hiring practices and applicable law.
 5314         4. This paragraph does not grant or create additional
 5315  rights for any individual to continued employment or to be hired
 5316  or rehired by his or her employer that are not already provided
 5317  within the Florida Statutes, the State Constitution, the
 5318  Americans with Disabilities Act, if applicable, or any other
 5319  applicable state or federal law.
 5320         (6) CREDIT FOR PAST SERVICE.—A special risk member may
 5321  purchase retirement credit in the Special Risk Class based upon
 5322  past service, and may upgrade retirement credit for such past
 5323  service, to the extent of 2 percent of the member’s average
 5324  monthly compensation as specified in s. 121.091(1)(a) for such
 5325  service as follows:
 5326         (a) The member may purchase special risk credit for past
 5327  service with a municipality or special district which has
 5328  elected to join the Florida Retirement System, or with a
 5329  participating agency to which a member’s governmental unit was
 5330  transferred, merged, or consolidated as provided in s.
 5331  121.081(1)(f), if the member was employed with the municipality
 5332  or special district when at the time it commenced participating
 5333  in the Florida Retirement System or with the governmental unit
 5334  at the time of its transfer, merger, or consolidation with the
 5335  participating agency. The service must satisfy the criteria set
 5336  forth in subsection (3) for Special Risk Class membership as a
 5337  law enforcement officer, firefighter, or correctional officer;
 5338  however, a certificate or waiver of certificate of compliance
 5339  with s. 943.1395 or s. 633.408 633.35 is not required for such
 5340  service.
 5341         Section 122. Paragraph (d) of subsection (1) of section
 5342  125.01, Florida Statutes, is amended to read:
 5343         125.01 Powers and duties.—
 5344         (1) The legislative and governing body of a county shall
 5345  have the power to carry on county government. To the extent not
 5346  inconsistent with general or special law, this power includes,
 5347  but is not restricted to, the power to:
 5348         (d) Provide fire protection, including the enforcement of
 5349  the Florida Fire Prevention Code, as provided in ss. 633.206
 5350  633.022 and 633.208 633.025, and adopt and enforce local
 5351  technical amendments to the Florida Fire Prevention Code as
 5352  provided in those sections and pursuant to s. 633.202 633.0215.
 5353         Section 123. Subsection (2) of section 125.01045, Florida
 5354  Statutes, is amended to read:
 5355         125.01045 Prohibition of fees for first responder
 5356  services.—
 5357         (2) As used in this section, the term “first responder”
 5358  means a law enforcement officer as defined in s. 943.10, a
 5359  firefighter as defined in s. 633.102 633.30, or an emergency
 5360  medical technician or paramedic as defined in s. 401.23 who is
 5361  employed by the state or a local government. A volunteer law
 5362  enforcement officer, firefighter, or emergency medical
 5363  technician or paramedic engaged by the state or a local
 5364  government is also considered a first responder of the state or
 5365  local government for purposes of this section.
 5366         Section 124. Subsection (1) of section 125.56, Florida
 5367  Statutes, is amended to read:
 5368         125.56 Enforcement and amendment of the Florida Building
 5369  Code and the Florida Fire Prevention Code; inspection fees;
 5370  inspectors; etc.—
 5371         (1) The board of county commissioners of each of the
 5372  several counties of the state may is authorized to enforce the
 5373  Florida Building Code and the Florida Fire Prevention Code, as
 5374  provided in ss. 553.80, 633.206 633.022, and 633.208 633.025,
 5375  and, at its discretion, to adopt local technical amendments to
 5376  the Florida Building Code, pursuant to s. 553.73(4)(b) and (c)
 5377  and local technical amendments to the Florida Fire Prevention
 5378  Code, pursuant to s. 633.202 633.0215, to provide for the safe
 5379  construction, erection, alteration, repair, securing, and
 5380  demolition of any building within its territory outside the
 5381  corporate limits of any municipality. Upon a determination to
 5382  consider amending the Florida Building Code or the Florida Fire
 5383  Prevention Code by a majority of the members of the board of
 5384  county commissioners of such county, the board shall call a
 5385  public hearing and comply with the public notice requirements of
 5386  s. 125.66(2). The board shall hear all interested parties at the
 5387  public hearing and may then amend the building code or the fire
 5388  code consistent with the terms and purposes of this act. Upon
 5389  adoption, an amendment to the code shall be in full force and
 5390  effect throughout the unincorporated area of such county until
 5391  otherwise notified by the Florida Building Commission pursuant
 5392  to s. 553.73 or the State Fire Marshal pursuant to s. 633.202
 5393  633.0215. Nothing herein contained shall be construed to prevent
 5394  the board of county commissioners from repealing such amendment
 5395  to the building code or the fire code at any regular meeting of
 5396  such board.
 5397         Section 125. Subsection (2) of section 166.0446, Florida
 5398  Statutes, is amended to read:
 5399         166.0446 Prohibition of fees for first responder services.—
 5400         (2) As used in this section, the term “first responder”
 5401  means a law enforcement officer as defined in s. 943.10, a
 5402  firefighter as defined in s. 633.102 633.30, or an emergency
 5403  medical technician or paramedic as defined in s. 401.23 who is
 5404  employed by the state or a local government. A volunteer law
 5405  enforcement officer, firefighter, or emergency medical
 5406  technician or paramedic engaged by the state or a local
 5407  government is also considered a first responder of the state or
 5408  local government for purposes of this section.
 5409         Section 126. Paragraph (a) of subsection (8) of section
 5410  175.032, Florida Statutes, is amended to read:
 5411         175.032 Definitions.—For any municipality, special fire
 5412  control district, chapter plan, local law municipality, local
 5413  law special fire control district, or local law plan under this
 5414  chapter, the following words and phrases have the following
 5415  meanings:
 5416         (8)(a) “Firefighter” means a any person employed solely by
 5417  a constituted fire department of any municipality or special
 5418  fire control district who is certified as a firefighter as a
 5419  condition of employment in accordance with s. 633.408 633.35 and
 5420  whose duty it is to extinguish fires, to protect life, or to
 5421  protect property. The term includes all certified, supervisory,
 5422  and command personnel whose duties include, in whole or in part,
 5423  the supervision, training, guidance, and management
 5424  responsibilities of full-time firefighters, part-time
 5425  firefighters, or auxiliary firefighters but does not include
 5426  part-time firefighters or auxiliary firefighters. However, for
 5427  purposes of this chapter only, the term also includes public
 5428  safety officers who are responsible for performing both police
 5429  and fire services, who are certified as police officers or
 5430  firefighters, and who are certified by their employers to the
 5431  Chief Financial Officer as participating in this chapter before
 5432  October 1, 1979. Effective October 1, 1979, public safety
 5433  officers who have not been certified as participating in this
 5434  chapter are considered police officers for retirement purposes
 5435  and are eligible to participate in chapter 185. Any plan may
 5436  provide that the fire chief has an option to participate, or
 5437  not, in that plan.
 5438         Section 127. Subsection (3) of section 175.121, Florida
 5439  Statutes, is amended to read:
 5440         175.121 Department of Revenue and Division of Retirement to
 5441  keep accounts of deposits; disbursements.—For any municipality
 5442  or special fire control district having a chapter or local law
 5443  plan established pursuant to this chapter:
 5444         (3)(a) All moneys not distributed to municipalities and
 5445  special fire control districts under this section as a result of
 5446  the limitation on disbursement contained in s. 175.122, or as a
 5447  result of any municipality or special fire control district not
 5448  having qualified in any given year, or portion thereof, shall be
 5449  transferred to the Firefighters’ Supplemental Compensation Trust
 5450  Fund administered by the Department of Revenue, as provided in
 5451  s. 633.422 633.382.
 5452         (b)1. Moneys transferred under paragraph (a) but not needed
 5453  to support the supplemental compensation program in a given year
 5454  shall be redistributed pro rata to those participating
 5455  municipalities and special fire control districts that transfer
 5456  any portion of their funds to support the supplemental
 5457  compensation program in that year. Such additional moneys shall
 5458  be used to cover or offset costs of the retirement plan.
 5459         2. To assist the Department of Revenue, the division shall
 5460  identify those municipalities and special fire control districts
 5461  that are eligible for redistribution as provided in s.
 5462  633.422(3)(c)2. 633.382(4)(c)2., by listing the municipalities
 5463  and special fire control districts from which funds were
 5464  transferred under paragraph (a) and specifying the amount
 5465  transferred by each.
 5466         Section 128. Paragraph (e) of subsection (1) of section
 5467  218.23, Florida Statutes, is amended to read:
 5468         218.23 Revenue sharing with units of local government.—
 5469         (1) To be eligible to participate in revenue sharing beyond
 5470  the minimum entitlement in any fiscal year, a unit of local
 5471  government is required to have:
 5472         (e) Certified that persons in its employ as firefighters,
 5473  as defined in s. 633.102 633.30(1), meet the qualification for
 5474  employment as established by the Division of State Fire Marshal
 5475  pursuant to the provisions of ss. 633.408 633.34 and 633.412
 5476  633.35 and that the provisions of s. 633.422 has 633.382 have
 5477  been met.
 5478  
 5479  Additionally, to receive its share of revenue sharing funds, a
 5480  unit of local government shall certify to the Department of
 5481  Revenue that the requirements of s. 200.065, if applicable, were
 5482  met. The certification shall be made annually within 30 days of
 5483  adoption of an ordinance or resolution establishing a final
 5484  property tax levy or, if no property tax is levied, not later
 5485  than November 1. The portion of revenue sharing funds which,
 5486  pursuant to this part, would otherwise be distributed to a unit
 5487  of local government which has not certified compliance or has
 5488  otherwise failed to meet the requirements of s. 200.065 shall be
 5489  deposited in the General Revenue Fund for the 12 months
 5490  following a determination of noncompliance by the department.
 5491         Section 129. Paragraph (a) of subsection (3) of section
 5492  252.515, Florida Statutes, is amended to read:
 5493         252.515 Postdisaster Relief Assistance Act; immunity from
 5494  civil liability.—
 5495         (3) As used in this section, the term:
 5496         (a) “Emergency first responder” means:
 5497         1. A physician licensed under chapter 458.
 5498         2. An osteopathic physician licensed under chapter 459.
 5499         3. A chiropractic physician licensed under chapter 460.
 5500         4. A podiatric physician licensed under chapter 461.
 5501         5. A dentist licensed under chapter 466.
 5502         6. An advanced registered nurse practitioner certified
 5503  under s. 464.012.
 5504         7. A physician assistant licensed under s. 458.347 or s.
 5505  459.022.
 5506         8. A worker employed by a public or private hospital in the
 5507  state.
 5508         9. A paramedic as defined in s. 401.23(17).
 5509         10. An emergency medical technician as defined in s.
 5510  401.23(11).
 5511         11. A firefighter as defined in s. 633.102 633.30.
 5512         12. A law enforcement officer as defined in s. 943.10.
 5513         13. A member of the Florida National Guard.
 5514         14. Any other personnel designated as emergency personnel
 5515  by the Governor pursuant to a declared emergency.
 5516         Section 130. Section 255.45, Florida Statutes, is amended
 5517  to read:
 5518         255.45 Correction of firesafety violations in certain
 5519  state-owned property.—The Department of Management Services is
 5520  responsible for ensuring that firesafety violations that are
 5521  noted by the State Fire Marshal pursuant to s. 633.218 633.085
 5522  are corrected as soon as practicable for all state-owned
 5523  property which is leased from the Department of Management
 5524  Services.
 5525         Section 131. Subsection (4) of section 258.0145, Florida
 5526  Statutes, is amended to read:
 5527         258.0145 Military state park fee discounts.—The Division of
 5528  Recreation and Parks shall provide the following discounts on
 5529  park fees to persons who present written documentation
 5530  satisfactory to the division which evidences their eligibility
 5531  for the discounts:
 5532         (4) The surviving spouse and parents of a law enforcement
 5533  officer, as defined in s. 943.10(1), or a firefighter, as
 5534  defined in s. 633.102 633.30(1), who has died in the line of
 5535  duty shall receive lifetime family annual entrance passes at no
 5536  charge.
 5537         Section 132. Subsection (1) of section 281.02, Florida
 5538  Statutes, is amended to read:
 5539         281.02 Powers and duties of the Department of Management
 5540  Services with respect to firesafety and security.—The Department
 5541  of Management Services has the following powers and duties with
 5542  respect to firesafety and security:
 5543         (1) To assist the State Fire Marshal in maintaining the
 5544  firesafety of public buildings pursuant to s. 633.218 633.085.
 5545         Section 133. Subsection (1) of section 384.287, Florida
 5546  Statutes, is amended to read:
 5547         384.287 Screening for sexually transmissible disease.—
 5548         (1) An officer as defined in s. 943.10(14); support
 5549  personnel as defined in s. 943.10(11) who are employed by the
 5550  Department of Law Enforcement, including, but not limited to,
 5551  any crime scene analyst, forensic technologist, or crime lab
 5552  analyst; firefighter as defined in s. 633.102 633.30; or
 5553  ambulance driver, paramedic, or emergency medical technician as
 5554  defined in s. 401.23, acting within the scope of employment, who
 5555  comes into contact with a person in such a way that significant
 5556  exposure, as defined in s. 381.004, has occurred may request
 5557  that the person be screened for a sexually transmissible disease
 5558  that can be transmitted through a significant exposure.
 5559         Section 134. Paragraph (a) of subsection (1) of section
 5560  395.0163, Florida Statutes, is amended to read:
 5561         395.0163 Construction inspections; plan submission and
 5562  approval; fees.—
 5563         (1)(a) The design, construction, erection, alteration,
 5564  modification, repair, and demolition of all public and private
 5565  health care facilities are governed by the Florida Building Code
 5566  and the Florida Fire Prevention Code under ss. 553.73 and
 5567  633.206 633.022. In addition to the requirements of ss. 553.79
 5568  and 553.80, the agency shall review facility plans and survey
 5569  the construction of any facility licensed under this chapter.
 5570  The agency shall make, or cause to be made, such construction
 5571  inspections and investigations as it deems necessary. The agency
 5572  may prescribe by rule that any licensee or applicant desiring to
 5573  make specified types of alterations or additions to its
 5574  facilities or to construct new facilities shall, before
 5575  commencing such alteration, addition, or new construction,
 5576  submit plans and specifications therefor to the agency for
 5577  preliminary inspection and approval or recommendation with
 5578  respect to compliance with applicable provisions of the Florida
 5579  Building Code or agency rules and standards. The agency shall
 5580  approve or disapprove the plans and specifications within 60
 5581  days after receipt of the fee for review of plans as required in
 5582  subsection (2). The agency may be granted one 15-day extension
 5583  for the review period if the director of the agency approves the
 5584  extension. If the agency fails to act within the specified time,
 5585  it shall be deemed to have approved the plans and
 5586  specifications. When the agency disapproves plans and
 5587  specifications, it shall set forth in writing the reasons for
 5588  its disapproval. Conferences and consultations may be provided
 5589  as necessary.
 5590         Section 135. Section 400.232, Florida Statutes, is amended
 5591  to read:
 5592         400.232 Review and approval of plans; fees and costs.—The
 5593  design, construction, erection, alteration, modification,
 5594  repair, and demolition of all public and private health care
 5595  facilities are governed by the Florida Building Code and the
 5596  Florida Fire Prevention Code under ss. 553.73 and 633.206
 5597  633.022. In addition to the requirements of ss. 553.79 and
 5598  553.80, the agency shall review the facility plans and survey
 5599  the construction of facilities licensed under this chapter.
 5600         (1) The agency shall approve or disapprove the plans and
 5601  specifications within 60 days after receipt of the final plans
 5602  and specifications. The agency may be granted one 15-day
 5603  extension for the review period, if the director of the agency
 5604  so approves. If the agency fails to act within the specified
 5605  time, it shall be deemed to have approved the plans and
 5606  specifications. When the agency disapproves plans and
 5607  specifications, it shall set forth in writing the reasons for
 5608  disapproval. Conferences and consultations may be provided as
 5609  necessary.
 5610         (2) The agency may is authorized to charge an initial fee
 5611  of $2,000 for review of plans and construction on all projects,
 5612  no part of which is refundable. The agency may also collect a
 5613  fee, not to exceed 1 percent of the estimated construction cost
 5614  or the actual cost of review, whichever is less, for the portion
 5615  of the review which encompasses initial review through the
 5616  initial revised construction document review. The agency is
 5617  further authorized to collect its actual costs on all subsequent
 5618  portions of the review and construction inspections. Initial fee
 5619  payment shall accompany the initial submission of plans and
 5620  specifications. Any subsequent payment that is due is payable
 5621  upon receipt of the invoice from the agency. Notwithstanding any
 5622  other provisions of law to the contrary, all money received by
 5623  the agency pursuant to the provisions of this section shall be
 5624  deemed to be trust funds, to be held and applied solely for the
 5625  operations required under this section.
 5626         Section 136. Section 400.915, Florida Statutes, is amended
 5627  to read:
 5628         400.915 Construction and renovation; requirements.—The
 5629  requirements for the construction or renovation of a PPEC center
 5630  shall comply with:
 5631         (1) The provisions of chapter 553, which pertain to
 5632  building construction standards, including plumbing, electrical
 5633  code, glass, manufactured buildings, accessibility for the
 5634  physically disabled;
 5635         (2) Section 633.206 The provisions of s. 633.022 and
 5636  applicable rules pertaining to physical standards for
 5637  nonresidential child care facilities; and
 5638         (3) The standards or rules adopted pursuant to this part
 5639  and part II of chapter 408.
 5640         Section 137. Paragraph (a) of subsection (1) of section
 5641  429.41, Florida Statutes, is amended to read:
 5642         429.41 Rules establishing standards.—
 5643         (1) It is the intent of the Legislature that rules
 5644  published and enforced pursuant to this section shall include
 5645  criteria by which a reasonable and consistent quality of
 5646  resident care and quality of life may be ensured and the results
 5647  of such resident care may be demonstrated. Such rules shall also
 5648  ensure a safe and sanitary environment that is residential and
 5649  noninstitutional in design or nature. It is further intended
 5650  that reasonable efforts be made to accommodate the needs and
 5651  preferences of residents to enhance the quality of life in a
 5652  facility. The agency, in consultation with the department, may
 5653  adopt rules to administer the requirements of part II of chapter
 5654  408. In order to provide safe and sanitary facilities and the
 5655  highest quality of resident care accommodating the needs and
 5656  preferences of residents, the department, in consultation with
 5657  the agency, the Department of Children and Family Services, and
 5658  the Department of Health, shall adopt rules, policies, and
 5659  procedures to administer this part, which must include
 5660  reasonable and fair minimum standards in relation to:
 5661         (a) The requirements for and maintenance of facilities, not
 5662  in conflict with the provisions of chapter 553, relating to
 5663  plumbing, heating, cooling, lighting, ventilation, living space,
 5664  and other housing conditions, which will ensure the health,
 5665  safety, and comfort of residents and protection from fire
 5666  hazard, including adequate provisions for fire alarm and other
 5667  fire protection suitable to the size of the structure. Uniform
 5668  firesafety standards shall be established and enforced by the
 5669  State Fire Marshal in cooperation with the agency, the
 5670  department, and the Department of Health.
 5671         1. Evacuation capability determination.—
 5672         a. The provisions of the National Fire Protection
 5673  Association, NFPA 101A, Chapter 5, 1995 edition, shall be used
 5674  for determining the ability of the residents, with or without
 5675  staff assistance, to relocate from or within a licensed facility
 5676  to a point of safety as provided in the fire codes adopted
 5677  herein. An evacuation capability evaluation for initial
 5678  licensure shall be conducted within 6 months after the date of
 5679  licensure. For existing licensed facilities that are not
 5680  equipped with an automatic fire sprinkler system, the
 5681  administrator shall evaluate the evacuation capability of
 5682  residents at least annually. The evacuation capability
 5683  evaluation for each facility not equipped with an automatic fire
 5684  sprinkler system shall be validated, without liability, by the
 5685  State Fire Marshal, by the local fire marshal, or by the local
 5686  authority having jurisdiction over firesafety, before the
 5687  license renewal date. If the State Fire Marshal, local fire
 5688  marshal, or local authority having jurisdiction over firesafety
 5689  has reason to believe that the evacuation capability of a
 5690  facility as reported by the administrator may have changed, it
 5691  may, with assistance from the facility administrator, reevaluate
 5692  the evacuation capability through timed exiting drills.
 5693  Translation of timed fire exiting drills to evacuation
 5694  capability may be determined:
 5695         (I) Three minutes or less: prompt.
 5696         (II) More than 3 minutes, but not more than 13 minutes:
 5697  slow.
 5698         (III) More than 13 minutes: impractical.
 5699         b. The Office of the State Fire Marshal shall provide or
 5700  cause the provision of training and education on the proper
 5701  application of Chapter 5, NFPA 101A, 1995 edition, to its
 5702  employees, to staff of the Agency for Health Care Administration
 5703  who are responsible for regulating facilities under this part,
 5704  and to local governmental inspectors. The Office of the State
 5705  Fire Marshal shall provide or cause the provision of this
 5706  training within its existing budget, but may charge a fee for
 5707  this training to offset its costs. The initial training must be
 5708  delivered within 6 months after July 1, 1995, and as needed
 5709  thereafter.
 5710         c. The Office of the State Fire Marshal, in cooperation
 5711  with provider associations, shall provide or cause the provision
 5712  of a training program designed to inform facility operators on
 5713  how to properly review bid documents relating to the
 5714  installation of automatic fire sprinklers. The Office of the
 5715  State Fire Marshal shall provide or cause the provision of this
 5716  training within its existing budget, but may charge a fee for
 5717  this training to offset its costs. The initial training must be
 5718  delivered within 6 months after July 1, 1995, and as needed
 5719  thereafter.
 5720         d. The administrator of a licensed facility shall sign an
 5721  affidavit verifying the number of residents occupying the
 5722  facility at the time of the evacuation capability evaluation.
 5723         2. Firesafety requirements.—
 5724         a. Except for the special applications provided herein,
 5725  effective January 1, 1996, the provisions of the National Fire
 5726  Protection Association, Life Safety Code, NFPA 101, 1994
 5727  edition, Chapter 22 for new facilities and Chapter 23 for
 5728  existing facilities shall be the uniform fire code applied by
 5729  the State Fire Marshal for assisted living facilities, pursuant
 5730  to s. 633.206 633.022.
 5731         b. Any new facility, regardless of size, that applies for a
 5732  license on or after January 1, 1996, must be equipped with an
 5733  automatic fire sprinkler system. The exceptions as provided in
 5734  s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply
 5735  to any new facility housing eight or fewer residents. On July 1,
 5736  1995, local governmental entities responsible for the issuance
 5737  of permits for construction shall inform, without liability, any
 5738  facility whose permit for construction is obtained before prior
 5739  to January 1, 1996, of this automatic fire sprinkler
 5740  requirement. As used in this part, the term “a new facility”
 5741  does not mean an existing facility that has undergone change of
 5742  ownership.
 5743         c. Notwithstanding any provision of s. 633.206 633.022 or
 5744  of the National Fire Protection Association, NFPA 101A, Chapter
 5745  5, 1995 edition, to the contrary, any existing facility housing
 5746  eight or fewer residents is not required to install an automatic
 5747  fire sprinkler system, nor to comply with any other requirement
 5748  in Chapter 23, NFPA 101, 1994 edition, that exceeds the
 5749  firesafety requirements of NFPA 101, 1988 edition, that applies
 5750  to this size facility, unless the facility has been classified
 5751  as impractical to evacuate. Any existing facility housing eight
 5752  or fewer residents that is classified as impractical to evacuate
 5753  must install an automatic fire sprinkler system within the
 5754  timeframes granted in this section.
 5755         d. Any existing facility that is required to install an
 5756  automatic fire sprinkler system under this paragraph need not
 5757  meet other firesafety requirements of Chapter 23, NFPA 101, 1994
 5758  edition, which exceed the provisions of NFPA 101, 1988 edition.
 5759  The mandate contained in this paragraph which requires certain
 5760  facilities to install an automatic fire sprinkler system
 5761  supersedes any other requirement.
 5762         e. This paragraph does not supersede the exceptions granted
 5763  in NFPA 101, 1988 edition or 1994 edition.
 5764         f. This paragraph does not exempt facilities from other
 5765  firesafety provisions adopted under s. 633.206 633.022 and local
 5766  building code requirements in effect before July 1, 1995.
 5767         g. A local government may charge fees only in an amount not
 5768  to exceed the actual expenses incurred by local government
 5769  relating to the installation and maintenance of an automatic
 5770  fire sprinkler system in an existing and properly licensed
 5771  assisted living facility structure as of January 1, 1996.
 5772         h. If a licensed facility undergoes major reconstruction or
 5773  addition to an existing building on or after January 1, 1996,
 5774  the entire building must be equipped with an automatic fire
 5775  sprinkler system. Major reconstruction of a building means
 5776  repair or restoration that costs in excess of 50 percent of the
 5777  value of the building as reported on the tax rolls, excluding
 5778  land, before reconstruction. Multiple reconstruction projects
 5779  within a 5-year period the total costs of which exceed 50
 5780  percent of the initial value of the building when at the time
 5781  the first reconstruction project was permitted are to be
 5782  considered as major reconstruction. Application for a permit for
 5783  an automatic fire sprinkler system is required upon application
 5784  for a permit for a reconstruction project that creates costs
 5785  that go over the 50-percent threshold.
 5786         i. Any facility licensed before January 1, 1996, that is
 5787  required to install an automatic fire sprinkler system shall
 5788  ensure that the installation is completed within the following
 5789  timeframes based upon evacuation capability of the facility as
 5790  determined under subparagraph 1.:
 5791         (I) Impractical evacuation capability, 24 months.
 5792         (II) Slow evacuation capability, 48 months.
 5793         (III) Prompt evacuation capability, 60 months.
 5794  
 5795  The beginning date from which the deadline for the automatic
 5796  fire sprinkler installation requirement must be calculated is
 5797  upon receipt of written notice from the local fire official that
 5798  an automatic fire sprinkler system must be installed. The local
 5799  fire official shall send a copy of the document indicating the
 5800  requirement of a fire sprinkler system to the Agency for Health
 5801  Care Administration.
 5802         j. It is recognized that the installation of an automatic
 5803  fire sprinkler system may create financial hardship for some
 5804  facilities. The appropriate local fire official shall, without
 5805  liability, grant two 1-year extensions to the timeframes for
 5806  installation established herein, if an automatic fire sprinkler
 5807  installation cost estimate and proof of denial from two
 5808  financial institutions for a construction loan to install the
 5809  automatic fire sprinkler system are submitted. However, for any
 5810  facility with a class I or class II, or a history of uncorrected
 5811  class III, firesafety deficiencies, an extension must not be
 5812  granted. The local fire official shall send a copy of the
 5813  document granting the time extension to the Agency for Health
 5814  Care Administration.
 5815         k. A facility owner whose facility is required to be
 5816  equipped with an automatic fire sprinkler system under Chapter
 5817  23, NFPA 101, 1994 edition, as adopted herein, must disclose to
 5818  any potential buyer of the facility that an installation of an
 5819  automatic fire sprinkler requirement exists. The sale of the
 5820  facility does not alter the timeframe for the installation of
 5821  the automatic fire sprinkler system.
 5822         l. Existing facilities required to install an automatic
 5823  fire sprinkler system as a result of construction-type
 5824  restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
 5825  herein, or evacuation capability requirements shall be notified
 5826  by the local fire official in writing of the automatic fire
 5827  sprinkler requirement, as well as the appropriate date for final
 5828  compliance as provided in this subparagraph. The local fire
 5829  official shall send a copy of the document to the Agency for
 5830  Health Care Administration.
 5831         m. Except in cases of life-threatening fire hazards, if an
 5832  existing facility experiences a change in the evacuation
 5833  capability, or if the local authority having jurisdiction
 5834  identifies a construction-type restriction, such that an
 5835  automatic fire sprinkler system is required, it shall be given
 5836  afforded time for installation as provided in this subparagraph.
 5837  
 5838  Facilities that are fully sprinkled and in compliance with other
 5839  firesafety standards are not required to conduct more than one
 5840  of the required fire drills between the hours of 11 p.m. and 7
 5841  a.m., per year. In lieu of the remaining drills, staff
 5842  responsible for residents during such hours may be required to
 5843  participate in a mock drill that includes a review of evacuation
 5844  procedures. Such standards must be included or referenced in the
 5845  rules adopted by the State Fire Marshal. Pursuant to s.
 5846  633.206(1)(b) 633.022(1)(b), the State Fire Marshal is the final
 5847  administrative authority for firesafety standards established
 5848  and enforced pursuant to this section. All licensed facilities
 5849  must have an annual fire inspection conducted by the local fire
 5850  marshal or authority having jurisdiction.
 5851         3. Resident elopement requirements.—Facilities are required
 5852  to conduct a minimum of two resident elopement prevention and
 5853  response drills per year. All administrators and direct care
 5854  staff must participate in the drills which shall include a
 5855  review of procedures to address resident elopement. Facilities
 5856  must document the implementation of the drills and ensure that
 5857  the drills are conducted in a manner consistent with the
 5858  facility’s resident elopement policies and procedures.
 5859         Section 138. Subsection (1) of section 429.44, Florida
 5860  Statutes, is amended to read:
 5861         429.44 Construction and renovation; requirements.—
 5862         (1) The requirements for the construction and renovation of
 5863  a facility shall comply with the provisions of chapter 553 which
 5864  pertains pertain to building construction standards, including
 5865  plumbing, electrical code, glass, manufactured buildings,
 5866  accessibility for persons with disabilities, and the state
 5867  minimum building code and with the provisions of s. 633.206
 5868  633.022, which pertains pertain to uniform firesafety standards.
 5869         Section 139. Subsection (2) of section 429.73, Florida
 5870  Statutes, is amended to read:
 5871         429.73 Rules and standards relating to adult family-care
 5872  homes.—
 5873         (2) The department shall by rule provide minimum standards
 5874  and procedures for emergencies. Pursuant to s. 633.206 633.022,
 5875  the State Fire Marshal, in consultation with the department and
 5876  the agency, shall adopt uniform firesafety standards for adult
 5877  family-care homes.
 5878         Section 140. Subsection (4) of section 447.203, Florida
 5879  Statutes, is amended to read:
 5880         447.203 Definitions.—As used in this part:
 5881         (4) “Managerial employees” are those employees who:
 5882         (a) Perform jobs that are not of a routine, clerical, or
 5883  ministerial nature and require the exercise of independent
 5884  judgment in the performance of such jobs and to whom one or more
 5885  of the following applies:
 5886         1. They formulate or assist in formulating policies which
 5887  are applicable to bargaining unit employees.
 5888         2. They may reasonably be required on behalf of the
 5889  employer to assist in the preparation for the conduct of
 5890  collective bargaining negotiations.
 5891         3. They have a role in the administration of agreements
 5892  resulting from collective bargaining negotiations.
 5893         4. They have a significant role in personnel
 5894  administration.
 5895         5. They have a significant role in employee relations.
 5896         6. They are included in the definition of administrative
 5897  personnel contained in s. 1012.01(3).
 5898         7. They have a significant role in the preparation or
 5899  administration of budgets for any public agency or institution
 5900  or subdivision thereof.
 5901         (b) Serve as police chiefs, fire chiefs, or directors of
 5902  public safety of any police, fire, or public safety department.
 5903  Other police officers, as defined in s. 943.10(1), and
 5904  firefighters, as defined in s. 633.102 633.30(1), may be
 5905  determined by the commission to be managerial employees of such
 5906  departments. In making such determinations, the commission shall
 5907  consider, in addition to the criteria established in paragraph
 5908  (a), the paramilitary organizational structure of the department
 5909  involved.
 5910  
 5911  However, in determining whether an individual is a managerial
 5912  employee pursuant to either paragraph (a) or paragraph (b),
 5913  above, the commission may consider historic relationships of the
 5914  employee to the public employer and to coemployees.
 5915         Section 141. Subsection (1) of section 468.602, Florida
 5916  Statutes, is amended to read:
 5917         468.602 Exemptions.—This part does not apply to:
 5918         (1) Persons who possess a valid certificate, issued
 5919  pursuant to s. 633.216 633.081, for conducting firesafety
 5920  inspections, when conducting firesafety inspections.
 5921         Section 142. Paragraph (c) of subsection (2) of section
 5922  468.609, Florida Statutes, is amended to read:
 5923         468.609 Administration of this part; standards for
 5924  certification; additional categories of certification.—
 5925         (2) A person may take the examination for certification as
 5926  a building code inspector or plans examiner pursuant to this
 5927  part if the person:
 5928         (c) Meets eligibility requirements according to one of the
 5929  following criteria:
 5930         1. Demonstrates 5 years’ combined experience in the field
 5931  of construction or a related field, building code inspection, or
 5932  plans review corresponding to the certification category sought;
 5933         2. Demonstrates a combination of postsecondary education in
 5934  the field of construction or a related field and experience
 5935  which totals 4 years, with at least 1 year of such total being
 5936  experience in construction, building code inspection, or plans
 5937  review;
 5938         3. Demonstrates a combination of technical education in the
 5939  field of construction or a related field and experience which
 5940  totals 4 years, with at least 1 year of such total being
 5941  experience in construction, building code inspection, or plans
 5942  review;
 5943         4. Currently holds a standard certificate as issued by the
 5944  board, or a fire safety inspector license issued pursuant to
 5945  chapter 633, has a minimum of 5 years’ verifiable full-time
 5946  experience in inspection or plan review, and satisfactorily
 5947  completes a building code inspector or plans examiner training
 5948  program of not less than 200 hours in the certification category
 5949  sought. The board shall establish by rule criteria for the
 5950  development and implementation of the training programs; or
 5951         5. Demonstrates a combination of the completion of an
 5952  approved training program in the field of building code
 5953  inspection or plan review and a minimum of 2 years’ experience
 5954  in the field of building code inspection, plan review, fire code
 5955  inspections and fire plans review of new buildings as a
 5956  firesafety inspector certified under s. 633.216 633.081(2), or
 5957  construction. The approved training portion of this requirement
 5958  shall include proof of satisfactory completion of a training
 5959  program of not less than 300 hours which is approved by the
 5960  board in the chosen category of building code inspection or plan
 5961  review in the certification category sought with not less than
 5962  20 hours of instruction in state laws, rules, and ethics
 5963  relating to professional standards of practice, duties, and
 5964  responsibilities of a certificateholder. The board shall
 5965  coordinate with the Building Officials Association of Florida,
 5966  Inc., to establish by rule the development and implementation of
 5967  the training program.
 5968         Section 143. Subsection (22) of section 489.103, Florida
 5969  Statutes, is amended to read:
 5970         489.103 Exemptions.—This part does not apply to:
 5971         (22) A person licensed pursuant to s. 633.304(1)(d)
 5972  633.061(1)(d) or (3)(b) performing work authorized by such
 5973  license.
 5974         Section 144. Paragraph (n) of subsection (3) of section
 5975  489.105, Florida Statutes, is amended to read:
 5976         489.105 Definitions.—As used in this part:
 5977         (3) “Contractor” means the person who is qualified for, and
 5978  is only responsible for, the project contracted for and means,
 5979  except as exempted in this part, the person who, for
 5980  compensation, undertakes to, submits a bid to, or does himself
 5981  or herself or by others construct, repair, alter, remodel, add
 5982  to, demolish, subtract from, or improve any building or
 5983  structure, including related improvements to real estate, for
 5984  others or for resale to others; and whose job scope is
 5985  substantially similar to the job scope described in one of the
 5986  paragraphs of this subsection. For the purposes of regulation
 5987  under this part, the term “demolish” applies only to demolition
 5988  of steel tanks more than 50 feet in height; towers more than 50
 5989  feet in height; other structures more than 50 feet in height;
 5990  and all buildings or residences. Contractors are subdivided into
 5991  two divisions, Division I, consisting of those contractors
 5992  defined in paragraphs (a)-(c), and Division II, consisting of
 5993  those contractors defined in paragraphs (d)-(q):
 5994         (n) “Underground utility and excavation contractor” means a
 5995  contractor whose services are limited to the construction,
 5996  installation, and repair, on public or private property, whether
 5997  accomplished through open excavations or through other means,
 5998  including, but not limited to, directional drilling, auger
 5999  boring, jacking and boring, trenchless technologies, wet and dry
 6000  taps, grouting, and slip lining, of main sanitary sewer
 6001  collection systems, main water distribution systems, storm sewer
 6002  collection systems, and the continuation of utility lines from
 6003  the main systems to a point of termination up to and including
 6004  the meter location for the individual occupancy, sewer
 6005  collection systems at property line on residential or single
 6006  occupancy commercial properties, or on multioccupancy properties
 6007  at manhole or wye lateral extended to an invert elevation as
 6008  engineered to accommodate future building sewers, water
 6009  distribution systems, or storm sewer collection systems at storm
 6010  sewer structures. However, an underground utility and excavation
 6011  contractor may install empty underground conduits in rights-of
 6012  way, easements, platted rights-of-way in new site development,
 6013  and sleeves for parking lot crossings no smaller than 2 inches
 6014  in diameter if each conduit system installed is designed by a
 6015  licensed professional engineer or an authorized employee of a
 6016  municipality, county, or public utility and the installation of
 6017  such conduit does not include installation of any conductor
 6018  wiring or connection to an energized electrical system. An
 6019  underground utility and excavation contractor may not install
 6020  piping that is an integral part of a fire protection system as
 6021  defined in s. 633.102 633.021 beginning at the point where the
 6022  piping is used exclusively for such system.
 6023         Section 145. Subsection (9) of section 496.404, Florida
 6024  Statutes, is amended to read:
 6025         496.404 Definitions.—As used in ss. 496.401-496.424:
 6026         (9) “Emergency service employee” means any employee who is
 6027  a firefighter, as defined in s. 633.102 633.30, or ambulance
 6028  driver, emergency medical technician, or paramedic, as defined
 6029  in s. 401.23.
 6030         Section 146. Paragraph (a) of subsection (7) of section
 6031  509.032, Florida Statutes, is amended to read:
 6032         509.032 Duties.—
 6033         (7) PREEMPTION AUTHORITY.—
 6034         (a) The regulation of public lodging establishments and
 6035  public food service establishments, including, but not limited
 6036  to, sanitation standards, inspections, training and testing of
 6037  personnel, and matters related to the nutritional content and
 6038  marketing of foods offered in such establishments, is preempted
 6039  to the state. This paragraph does not preempt the authority of a
 6040  local government or local enforcement district to conduct
 6041  inspections of public lodging and public food service
 6042  establishments for compliance with the Florida Building Code and
 6043  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
 6044  633.206 633.022.
 6045         Section 147. Section 513.05, Florida Statutes, is amended
 6046  to read:
 6047         513.05 Rules.—The department may adopt rules pertaining to
 6048  the location, construction, modification, equipment, and
 6049  operation of mobile home parks, lodging parks, recreational
 6050  vehicle parks, and recreational camps, except as provided in s.
 6051  633.206 633.022, as necessary to administer this chapter. Such
 6052  rules may include definitions of terms; requirements for plan
 6053  reviews of proposed and existing parks and camps; plan reviews
 6054  of parks that consolidate space or change space size; water
 6055  supply; sewage collection and disposal; plumbing and backflow
 6056  prevention; garbage and refuse storage, collection, and
 6057  disposal; insect and rodent control; space requirements; heating
 6058  facilities; food service; lighting; sanitary facilities;
 6059  bedding; an occupancy equivalency to spaces for permits for
 6060  recreational camps; sanitary facilities in recreational vehicle
 6061  parks; and the owners’ responsibilities at recreational vehicle
 6062  parks and recreational camps.
 6063         Section 148. Paragraph (d) of subsection (1) and paragraph
 6064  (f) of subsection (11) of section 553.73, Florida Statutes, are
 6065  amended to read:
 6066         553.73 Florida Building Code.—
 6067         (1)
 6068         (d) Conflicting requirements between the Florida Building
 6069  Code and the Florida Fire Prevention Code and Life Safety Code
 6070  of the state established pursuant to ss. 633.206 633.022 and
 6071  633.208 633.025 shall be resolved by agreement between the
 6072  commission and the State Fire Marshal in favor of the
 6073  requirement that offers the greatest degree of lifesafety or
 6074  alternatives that would provide an equivalent degree of
 6075  lifesafety and an equivalent method of construction. If the
 6076  commission and State Fire Marshal are unable to agree on a
 6077  resolution, the question shall be referred to a mediator,
 6078  mutually agreeable to both parties, to resolve the conflict in
 6079  favor of the provision that offers the greatest lifesafety, or
 6080  alternatives that would provide an equivalent degree of
 6081  lifesafety and an equivalent method of construction.
 6082         (11)
 6083         (f) All decisions of the local building official and local
 6084  fire official and all decisions of the administrative board
 6085  shall be in writing and shall be binding upon a person all
 6086  persons but do shall not limit the authority of the State Fire
 6087  Marshal or the Florida Building Commission pursuant to paragraph
 6088  (1)(d) and ss. 633.104 633.01 and 633.228 633.161. Decisions of
 6089  general application shall be indexed by building and fire code
 6090  sections and shall be available for inspection during normal
 6091  business hours.
 6092         Section 149. Paragraph (e) of subsection (1) of section
 6093  553.77, Florida Statutes, is amended to read:
 6094         553.77 Specific powers of the commission.—
 6095         (1) The commission shall:
 6096         (e) Participate with the Florida Fire Code Advisory Council
 6097  created under s. 633.204 633.72, to provide assistance and
 6098  recommendations relating to firesafety code interpretations. The
 6099  administrative staff of the commission shall attend meetings of
 6100  the Florida Fire Code Advisory Council and coordinate efforts to
 6101  provide consistency between the Florida Building Code and the
 6102  Florida Fire Prevention Code and the Life Safety Code.
 6103         Section 150. Subsections (2) and (12) of section 553.79,
 6104  Florida Statutes, are amended to read:
 6105         553.79 Permits; applications; issuance; inspections.—
 6106         (2) Except as provided in subsection (6), an enforcing
 6107  agency may not issue any permit for construction, erection,
 6108  alteration, modification, repair, or demolition of any building
 6109  or structure until the local building code administrator or
 6110  inspector has reviewed the plans and specifications required by
 6111  the Florida Building Code, or local amendment thereto, for such
 6112  proposal and found the plans to be in compliance with the
 6113  Florida Building Code. If the local building code administrator
 6114  or inspector finds that the plans are not in compliance with the
 6115  Florida Building Code, the local building code administrator or
 6116  inspector shall identify the specific plan features that do not
 6117  comply with the applicable codes, identify the specific code
 6118  chapters and sections upon which the finding is based, and
 6119  provide this information to the local enforcing agency. The
 6120  local enforcing agency shall provide this information to the
 6121  permit applicant. In addition, an enforcing agency may not issue
 6122  any permit for construction, erection, alteration, modification,
 6123  repair, or demolition of any building until the appropriate
 6124  firesafety inspector certified pursuant to s. 633.216 633.081
 6125  has reviewed the plans and specifications required by the
 6126  Florida Building Code, or local amendment thereto, for such
 6127  proposal and found that the plans comply with the Florida Fire
 6128  Prevention Code and the Life Safety Code. Any building or
 6129  structure which is not subject to a firesafety code shall not be
 6130  required to have its plans reviewed by the firesafety inspector.
 6131  Any building or structure that is exempt from the local building
 6132  permit process may not be required to have its plans reviewed by
 6133  the local building code administrator. Industrial construction
 6134  on sites where design, construction, and firesafety are
 6135  supervised by appropriate design and inspection professionals
 6136  and which contain adequate in-house fire departments and rescue
 6137  squads is exempt, subject to local government option, from
 6138  review of plans and inspections, providing owners certify that
 6139  applicable codes and standards have been met and supply
 6140  appropriate approved drawings to local building and firesafety
 6141  inspectors. The enforcing agency shall issue a permit to
 6142  construct, erect, alter, modify, repair, or demolish any
 6143  building or structure when the plans and specifications for such
 6144  proposal comply with the provisions of the Florida Building Code
 6145  and the Florida Fire Prevention Code and the Life Safety Code as
 6146  determined by the local authority in accordance with this
 6147  chapter and chapter 633.
 6148         (12) One-family and two-family detached residential
 6149  dwelling units are not subject to plan review by the local fire
 6150  official as described in this section or inspection by the local
 6151  fire official as described in s. 633.216 633.081, unless
 6152  expressly made subject to the said plan review or inspection by
 6153  local ordinance.
 6154         Section 151. Paragraph (d) of subsection (1) of section
 6155  590.02, Florida Statutes, is amended to read:
 6156         590.02 Florida Forest Service; powers, authority, and
 6157  duties; liability; building structures; Florida Center for
 6158  Wildfire and Forest Resources Management Training.—
 6159         (1) The Florida Forest Service has the following powers,
 6160  authority, and duties:
 6161         (d) To appoint center managers, forest area supervisors,
 6162  forestry program administrators, a forest protection bureau
 6163  chief, a forest protection assistant bureau chief, a field
 6164  operations bureau chief, deputy chiefs of field operations,
 6165  district managers, forest operations administrators, senior
 6166  forest rangers, investigators, forest rangers, firefighter
 6167  rotorcraft pilots, and other employees who may, at the Florida
 6168  Forest Service’s discretion, be certified as forestry
 6169  firefighters pursuant to s. 633.408(8) 633.35(4). Other
 6170  provisions of law notwithstanding, center managers, district
 6171  managers, forest protection assistant bureau chief, and deputy
 6172  chiefs of field operations shall have Selected Exempt Service
 6173  status in the state personnel designation;
 6174         Section 152. Section 627.4107, Florida Statutes, is amended
 6175  to read:
 6176         627.4107 Government employees exposed to toxic drug
 6177  chemicals; cancellation of life or health policy or certificate
 6178  prohibited.—No life or health insurer may cancel or nonrenew a
 6179  life or health insurance policy or certificate of insurance
 6180  providing coverage to a state or local law enforcement officer
 6181  as defined in s. 943.10, firefighter as defined in s. 633.102
 6182  633.30, emergency medical technician as defined in s. 401.23, or
 6183  paramedic as defined in s. 401.23, a volunteer firefighter as
 6184  defined in s. 633.102 engaged by state or local government, a
 6185  law enforcement officer employed by the Federal Government, or
 6186  any other local, state, or Federal Government employee solely
 6187  based on the fact that the individual has been exposed to toxic
 6188  chemicals or suffered injury or disease as a result of the
 6189  individual’s lawful duties arising out of the commission of a
 6190  violation of chapter 893 by another person. This section does
 6191  not apply to a any person who commits an offense under chapter
 6192  893. This section does not prohibit an insurer from canceling or
 6193  nonrenewing an insurance policy or certificate, as permitted
 6194  under the applicable state insurance code, based on an act or
 6195  practice of the policyholder or certificateholder that
 6196  constitutes fraud or intentional misrepresentation of material
 6197  fact by the policyholder or certificateholder.
 6198         Section 153. Subsection (10) of section 893.13, Florida
 6199  Statutes, is amended to read:
 6200         893.13 Prohibited acts; penalties.—
 6201         (10) If a person violates any provision of this chapter and
 6202  the violation results in a serious injury to a state or local
 6203  law enforcement officer as defined in s. 943.10, firefighter as
 6204  defined in s. 633.102 633.30, emergency medical technician as
 6205  defined in s. 401.23, paramedic as defined in s. 401.23,
 6206  employee of a public utility or an electric utility as defined
 6207  in s. 366.02, animal control officer as defined in s. 828.27,
 6208  volunteer firefighter engaged by state or local government, law
 6209  enforcement officer employed by the Federal Government, or any
 6210  other local, state, or Federal Government employee injured
 6211  during the course and scope of his or her employment, the person
 6212  commits a felony of the third degree, punishable as provided in
 6213  s. 775.082, s. 775.083, or s. 775.084. If the injury sustained
 6214  results in death or great bodily harm, the person commits a
 6215  felony of the second degree, punishable as provided in s.
 6216  775.082, s. 775.083, or s. 775.084.
 6217         Section 154. Paragraph (g) of subsection (2) of section
 6218  934.03, Florida Statutes, is amended to read:
 6219         934.03 Interception and disclosure of wire, oral, or
 6220  electronic communications prohibited.—
 6221         (2)
 6222         (g) It is lawful under ss. 934.03-934.09 for an employee
 6223  of:
 6224         1. An ambulance service licensed pursuant to s. 401.25, a
 6225  fire station employing firefighters as defined by s. 633.102
 6226  633.30, a public utility, a law enforcement agency as defined by
 6227  s. 934.02(10), or any other entity with published emergency
 6228  telephone numbers;
 6229         2. An agency operating an emergency telephone number “911”
 6230  system established pursuant to s. 365.171; or
 6231         3. The central abuse hotline operated pursuant to s. 39.201
 6232  
 6233  to intercept and record incoming wire communications; however,
 6234  such employee may intercept and record incoming wire
 6235  communications on designated “911” telephone numbers and
 6236  published nonemergency telephone numbers staffed by trained
 6237  dispatchers at public safety answering points only. It is also
 6238  lawful for such employee to intercept and record outgoing wire
 6239  communications to the numbers from which such incoming wire
 6240  communications were placed when necessary to obtain information
 6241  required to provide the emergency services being requested. For
 6242  the purpose of this paragraph, the term “public utility” has the
 6243  same meaning as provided in s. 366.02 and includes a person,
 6244  partnership, association, or corporation now or hereafter owning
 6245  or operating equipment or facilities in the state for conveying
 6246  or transmitting messages or communications by telephone or
 6247  telegraph to the public for compensation.
 6248         Section 155. Paragraph (b) of subsection (4) of section
 6249  943.61, Florida Statutes, is amended to read:
 6250         943.61 Powers and duties of the Capitol Police.—
 6251         (4) The Capitol Police shall have the following
 6252  responsibilities, powers, and duties:
 6253         (b) To provide and maintain the security of all property
 6254  located in the Capitol Complex in a manner consistent with the
 6255  security plans developed and approved under paragraph (a) and,
 6256  in consultation with the State Fire Marshal, to provide for
 6257  evacuations, information, and training required for firesafety
 6258  on such property in a manner consistent with s. 633.218 633.085.
 6259         Section 156. Paragraph (b) of subsection (18) of section
 6260  1002.33, Florida Statutes, is amended to read:
 6261         1002.33 Charter schools.—
 6262         (18) FACILITIES.—
 6263         (b) A charter school shall use utilize facilities that
 6264  comply with the Florida Fire Prevention Code, pursuant to s.
 6265  633.208 633.025, as adopted by the authority in whose
 6266  jurisdiction the facility is located as provided in paragraph
 6267  (a).
 6268         Section 157. Subsection (9) of section 1002.34, Florida
 6269  Statutes, is amended to read:
 6270         1002.34 Charter technical career centers.—
 6271         (9) FACILITIES.—A center may be located in any suitable
 6272  location, including part of an existing public school or Florida
 6273  College System institution building, space provided on a public
 6274  worksite, or a public building. A center’s facilities must
 6275  comply with the State Uniform Building Code for Public
 6276  Educational Facilities Construction adopted pursuant to s.
 6277  1013.37, or with applicable state minimum building codes
 6278  pursuant to chapter 553, and state minimum fire protection codes
 6279  pursuant to s. 633.208 633.025, adopted by the authority in
 6280  whose jurisdiction the facility is located. If K-12 public
 6281  school funds are used for construction, the facility must remain
 6282  on the local school district’s Florida Inventory of School
 6283  Houses (FISH) school building inventory of the district school
 6284  board and must revert to the district school board if the
 6285  consortium dissolves and the program is discontinued. If Florida
 6286  College System institution public school funds are used for
 6287  construction, the facility must remain on the local Florida
 6288  College System institution’s facilities inventory and must
 6289  revert to the local Florida College System institution board of
 6290  trustees if the consortium dissolves and the program is
 6291  discontinued. The additional student capacity created by the
 6292  addition of the center to the local school district’s FISH may
 6293  not be calculated in the permanent student capacity for the
 6294  purpose of determining need or eligibility for state capital
 6295  outlay funds while the facility is used as a center. If the
 6296  construction of the center is funded jointly by K-12 public
 6297  school funds and Florida College System institution funds, the
 6298  sponsoring entities must agree, before granting the charter, on
 6299  the appropriate owner and terms of transfer of the facility if
 6300  the charter is dissolved.
 6301         Section 158. Subsection (1), paragraph (c) of subsection
 6302  (2), and paragraphs (a) and (c) of subsection (6) of section
 6303  1013.12, Florida Statutes, are amended to read:
 6304         1013.12 Casualty, safety, sanitation, and firesafety
 6305  standards and inspection of property.—
 6306         (1) FIRESAFETY.—The State Board of Education shall adopt
 6307  and administer rules prescribing standards for the safety and
 6308  health of occupants of educational and ancillary plants as a
 6309  part of State Requirements for Educational Facilities or the
 6310  Florida Building Code for educational facilities construction as
 6311  provided in s. 1013.37, except that the State Fire Marshal in
 6312  consultation with the Department of Education shall adopt
 6313  uniform firesafety standards for educational and ancillary
 6314  plants and educational facilities, as provided in s.
 6315  633.206(1)(b) 633.022(1)(b), and a firesafety evaluation system
 6316  to be used as an alternate firesafety inspection standard for
 6317  existing educational and ancillary plants and educational
 6318  facilities. The uniform firesafety standards and the alternate
 6319  firesafety evaluation system shall be administered and enforced
 6320  by fire officials certified by the State Fire Marshal under s.
 6321  633.216 633.081. These standards must be used by all public
 6322  agencies when inspecting public educational and ancillary
 6323  plants, and the firesafety standards must be used by county,
 6324  municipal, or independent special fire control district
 6325  inspectors when performing firesafety inspections of public
 6326  educational and ancillary plants and educational facilities. In
 6327  accordance with such standards, each board shall prescribe
 6328  policies and procedures establishing a comprehensive program of
 6329  safety and sanitation for the protection of occupants of public
 6330  educational and ancillary plants. Such policies must contain
 6331  procedures for periodic inspections as prescribed in this
 6332  section or chapter 633 and for withdrawal of any educational and
 6333  ancillary plant, or portion thereof, from use until unsafe or
 6334  unsanitary conditions are corrected or removed.
 6335         (2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
 6336  BOARDS.—
 6337         (c) Under the direction of the fire official appointed by
 6338  the board under s. 1013.371(2), firesafety inspections of each
 6339  educational and ancillary plant located on property owned or
 6340  leased by the board, or other educational facilities operated by
 6341  the board, must be made no sooner than 1 year after issuance of
 6342  a certificate of occupancy and annually thereafter. Such
 6343  inspections shall be made by persons certified by the Division
 6344  of State Fire Marshal under s. 633.216 633.081 to conduct
 6345  firesafety inspections in public educational and ancillary
 6346  plants. The board shall submit a copy of the firesafety
 6347  inspection report to the county, municipality, or independent
 6348  special fire control district providing fire protection services
 6349  to the school facility within 10 business days after the date of
 6350  the inspection. Alternate schedules for delivery of reports may
 6351  be agreed upon between the school district and the county,
 6352  municipality, or independent special fire control district
 6353  providing fire protection services to the site in cases in which
 6354  delivery is impossible due to hurricanes or other natural
 6355  disasters. Regardless, if immediate life-threatening
 6356  deficiencies are noted in the report, the report shall be
 6357  delivered immediately. In addition, the board and any other
 6358  authority conducting the fire safety inspection shall certify to
 6359  the State Fire Marshal that the annual inspection has been
 6360  completed. The certification shall be made electronically or by
 6361  such other means as directed by the State Fire Marshal.
 6362         (6) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
 6363  FACILITIES.—
 6364         (a) Firesafety inspections of public college facilities,
 6365  including charter schools located on board-owned or board-leased
 6366  facilities or otherwise operated by public college boards, shall
 6367  be made in accordance with the Florida Fire Prevention Code, as
 6368  adopted by the State Fire Marshal. Notwithstanding s. 633.202
 6369  633.0215, provisions of the code relating to inspections of such
 6370  facilities are not subject to any local amendments as provided
 6371  by s. 1013.371. Each public college facility shall be inspected
 6372  annually by persons certified under s. 633.216 633.081.
 6373         (c) Firesafety inspections of state universities shall
 6374  comply with the Florida Fire Prevention Code, as adopted by the
 6375  State Fire Marshal under s. 633.202 633.0215.
 6376         Section 159. Paragraphs (a), (b), and (d) of subsection (2)
 6377  and paragraph (a) of subsection (4) of section 1013.38, Florida
 6378  Statutes, are amended to read:
 6379         1013.38 Boards to ensure that facilities comply with
 6380  building codes and life safety codes.—
 6381         (2) In addition to the submission of site plans, boards may
 6382  provide compliance as follows:
 6383         (a) Boards or consortia may individually or cooperatively
 6384  provide review services under the insurance risk management
 6385  oversight through the use of board employees or consortia
 6386  employees registered pursuant to chapter 471, chapter 481, or
 6387  part XII of chapter 468 and firesafety inspectors certified
 6388  under s. 633.216 633.081.
 6389         (b) Boards may elect to review construction documents using
 6390  their own employees registered pursuant to chapter 471, chapter
 6391  481, or part XII of chapter 468 and firesafety inspectors
 6392  certified under s. 633.216 633.081.
 6393         (d) Boards or consortia may contract for plan review
 6394  services directly with engineers and architects registered
 6395  pursuant to chapter 471 or chapter 481 and firesafety inspectors
 6396  certified under s. 633.216 633.081.
 6397         (4)(a) Before the commencement of any new construction,
 6398  renovation, or remodeling, the board shall:
 6399         1. Approve or cause to be approved the construction
 6400  documents and evaluate such documents for compliance with the
 6401  Florida Building Code and the Florida Fire Prevention Code.
 6402         2. Ensure compliance with all applicable firesafety codes
 6403  and standards by contracting with a firesafety inspector
 6404  certified by the State Fire Marshal under s. 633.216 633.081.
 6405         Section 160. This act shall take effect July 1, 2013.