CS for CS for SB 1410                           Second Engrossed
       
       
       
       
       
       
       
       
       20131410e2
       
    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         amending s. 191.009, F.S.; clarifying provisions that
  605         authorize a district to levy non-ad valorem
  606         assessments to construct, operate, and maintain
  607         specified district facilities and services; providing
  608         that if a district levies non-ad valorem assessments
  609         for certain services, the district must cease to levy
  610         ad valorem assessments for those services; amending s.
  611         191.011, F.S.; revising provisions relating to
  612         district authority to provide for the levy of non-ad
  613         valorem assessments on lands within the district
  614         rather than benefited real property; eliminating
  615         provisions relating to rate of assessment for
  616         benefited real property; providing an effective date.
  617  
  618  Be It Enacted by the Legislature of the State of Florida:
  619  
  620         Section 1. The Division of Law Revision and Information is
  621  directed to create part I of chapter 633, Florida Statutes,
  622  consisting of sections 633.102, 633.104, 633.106, 633.108,
  623  633.112, 633.114, 633.116, 633.118, 633.122, 633.124, 633.126,
  624  633.128, 633.132, 633.134, 633.136, and 633.138, Florida
  625  Statutes, to be entitled “General Provisions.”
  626         Section 2. Section 633.021, Florida Statutes, is
  627  transferred, renumbered as section 633.102, Florida Statutes,
  628  and amended to read:
  629         633.102 633.021 Definitions.—As used in this chapter, the
  630  term:
  631         (1) “Board” means the Florida Fire Safety Board.
  632         (2) “Certificate” means a certificate of competency issued
  633  by the State Fire Marshal.
  634         (3) “Certification” means the act of obtaining or holding a
  635  certificate of competency from the State Fire Marshal.
  636         (2)(4) “Contracting” means engaging in business as a
  637  contractor.
  638         (3)(5)(a) “Contractor I” means a contractor whose business
  639  includes the execution of contracts requiring the ability to lay
  640  out, fabricate, install, inspect, alter, repair, and service all
  641  types of fire protection systems, excluding preengineered
  642  systems.
  643         (b) “Contractor II” means a contractor whose business is
  644  limited to the execution of contracts requiring the ability to
  645  lay out, fabricate, install, inspect, alter, repair, and service
  646  water sprinkler systems, water spray systems, foam-water
  647  sprinkler systems, foam-water spray systems, standpipes,
  648  combination standpipes and sprinkler risers, all piping that is
  649  an integral part of the system beginning at the point of service
  650  as defined in this section, sprinkler tank heaters, air lines,
  651  thermal systems used in connection with sprinklers, and tanks
  652  and pumps connected thereto, excluding preengineered systems.
  653         (c) “Contractor III” means a contractor whose business is
  654  limited to the execution of contracts requiring the ability to
  655  fabricate, install, inspect, alter, repair, and service carbon
  656  dioxide CO2 systems, foam extinguishing systems, dry chemical
  657  systems, and Halon and other chemical systems, excluding
  658  preengineered systems.
  659         (d) “Contractor IV” means a contractor whose business is
  660  limited to the execution of contracts requiring the ability to
  661  lay out, fabricate, install, inspect, alter, repair, and service
  662  automatic fire sprinkler systems for detached one-family
  663  dwellings, detached two-family dwellings, and mobile homes,
  664  excluding preengineered systems and excluding single-family
  665  homes in cluster units, such as apartments, condominiums, and
  666  assisted living facilities or any building that is connected to
  667  other dwellings. A Contractor IV is limited to the scope of
  668  practice specified in NFPA 13D.
  669         (e) “Contractor V” means a contractor whose business is
  670  limited to the execution of contracts requiring the ability to
  671  fabricate, install, inspect, alter, repair, and service the
  672  underground piping for a fire protection system using water as
  673  the extinguishing agent beginning at the point of service as
  674  defined in this act and ending no more than 1 foot above the
  675  finished floor.
  676  
  677  The definitions in this subsection may must not be construed to
  678  include fire protection engineers or architects and do not limit
  679  or prohibit a licensed fire protection engineer or architect
  680  with fire protection design experience from designing any type
  681  of fire protection system. A distinction is made between system
  682  design concepts prepared by the design professional and system
  683  layout as defined in this section and typically prepared by the
  684  contractor. However, a person persons certified as a Contractor
  685  I, Contractor II, or Contractor IV under this chapter may design
  686  fire protection systems of 49 or fewer sprinklers, and may
  687  design the alteration of an existing fire sprinkler system if
  688  the alteration consists of the relocation, addition, or deletion
  689  of not more than 49 sprinklers, notwithstanding the size of the
  690  existing fire sprinkler system. A person certified as a
  691  Contractor I, Contractor II, or Contractor IV may design a fire
  692  protection system the scope of which complies with NFPA 13D,
  693  Standard for the Installation of Sprinkler Systems in One- and
  694  Two-Family Dwellings and Manufactured Homes, as adopted by the
  695  State Fire Marshal, notwithstanding the number of fire
  696  sprinklers. Contractor-developed plans may not be required by
  697  any local permitting authority to be sealed by a registered
  698  professional engineer.
  699         (4) “Department” means the Department of Financial
  700  Services.
  701         (5) “Division” means the Division of State Fire Marshal
  702  within the Department of Financial Services.
  703         (6) “Explosives” means any chemical compound or mixture
  704  that has the property of yielding readily to combustion or
  705  oxidation upon the application of heat, flame, or shock and is
  706  capable of producing an explosion and is commonly used for that
  707  purpose, including but not limited to dynamite, nitroglycerin,
  708  trinitrotoluene, ammonium nitrate when combined with other
  709  ingredients to form an explosive mixture, blasting caps, and
  710  detonators; but the term does not include cartridges for
  711  firearms or fireworks as defined in chapter 791.
  712         (7)(a) “Fire equipment dealer Class A” means a licensed
  713  fire equipment dealer whose business is limited to servicing,
  714  recharging, repairing, installing, or inspecting all types of
  715  fire extinguishers and conducting hydrostatic tests on all types
  716  of fire extinguishers.
  717         (b) “Fire equipment dealer Class B” means a licensed fire
  718  equipment dealer whose business is limited to servicing,
  719  recharging, repairing, installing, or inspecting all types of
  720  fire extinguishers, including recharging carbon dioxide units
  721  and conducting hydrostatic tests on all types of fire
  722  extinguishers, except carbon dioxide units.
  723         (c) “Fire equipment dealer Class C” means a licensed fire
  724  equipment dealer whose business is limited to servicing,
  725  recharging, repairing, installing, or inspecting all types of
  726  fire extinguishers, except recharging carbon dioxide units, and
  727  conducting hydrostatic tests on all types of fire extinguishers,
  728  except carbon dioxide units.
  729         (d) “Fire equipment dealer Class D” means a licensed fire
  730  equipment dealer whose business is limited to servicing,
  731  recharging, repairing, installing, hydrotesting, or inspecting
  732  of all types of preengineered fire extinguishing systems.
  733         (8) A “Fire extinguisher” means is a cylinder that:
  734         (a) Is portable and can be carried or is on wheels.
  735         (b) Is manually operated.
  736         (c) May use a variety of extinguishing agents that are
  737  expelled under pressure.
  738         (d) Is rechargeable or nonrechargeable.
  739         (e) Is installed, serviced, repaired, recharged, inspected,
  740  and hydrotested according to applicable procedures of the
  741  manufacturer, standards of the National Fire Protection
  742  Association, and the Code of Federal Regulations.
  743         (f) Is listed by a nationally recognized testing
  744  laboratory.
  745         (9) “Firefighter” means an individual who holds a current
  746  and valid Firefighter Certificate of Compliance or Special
  747  Certificate of Compliance issued by the division under s.
  748  633.408.
  749         (10)(9)A “Fire hydrant” means is a connection to a water
  750  main, elevated water tank, or other source of water for the
  751  purpose of supplying water to a fire hose or other fire
  752  protection apparatus for fire suppression operations. The term
  753  does not include a fire protection system.
  754         (11)(10)A “Fire protection system” means is a system
  755  individually designed to protect the interior or exterior of a
  756  specific building or buildings, structure, or other special
  757  hazard from fire. Such systems include, but are not limited to,
  758  water sprinkler systems, water spray systems, foam-water
  759  sprinkler systems, foam-water spray systems, carbon dioxide CO2
  760  systems, foam extinguishing systems, dry chemical systems, and
  761  Halon and other chemical systems used for fire protection use.
  762  Such systems also include any overhead and underground fire
  763  mains, fire hydrants and hydrant mains, standpipes and hoses
  764  connected to sprinkler systems, sprinkler tank heaters, air
  765  lines, thermal systems used in connection with fire sprinkler
  766  systems, and tanks and pumps connected to fire sprinkler
  767  systems.
  768         (12)(11)A “Firesafety inspector” means is an individual
  769  who holds a current and valid Fire Safety Inspector Certificate
  770  of Compliance issued certified by the division State Fire
  771  Marshal under s. 633.216 s. 633.081 who is officially assigned
  772  the duties of conducting firesafety inspections of buildings and
  773  facilities on a recurring or regular basis on behalf of the
  774  state or any county, municipality, or special district with fire
  775  safety responsibilities.
  776         (13) “Fire service provider” means a municipality or
  777  county, the state, or any political subdivision of the state,
  778  including authorities and special districts, employing
  779  firefighters or utilizing volunteer firefighters to provide fire
  780  extinguishment or fire prevention services for the protection of
  781  life and property. The term includes any organization under
  782  contract or other agreement with such entity to provide such
  783  services.
  784         (14) “Fire service support personnel” means an individual
  785  who does not hold a current and valid certificate issued by the
  786  division and who may only perform support services.
  787         (15)(12) “Handling” means touching, holding, taking up,
  788  moving, controlling, or otherwise affecting with the hand or by
  789  any other agency.
  790         (13)(a) For the purposes of s. 633.085(1), the term “high
  791  hazard occupancy” means any building or structure:
  792         1. That contains combustible or explosive matter or
  793  flammable conditions dangerous to the safety of life or
  794  property.
  795         2. In which persons receive educational instruction.
  796         3. In which persons reside, excluding private dwellings.
  797         4. Containing three or more floor levels.
  798  
  799  Such buildings or structures include, but are not limited to,
  800  all hospitals and residential health care facilities, nursing
  801  homes and other adult care facilities, correctional or detention
  802  facilities, public schools, public lodging establishments,
  803  migrant labor camps, residential child care facilities, and
  804  self-service gasoline stations.
  805         (b) For the purposes of this subsection, the term “high
  806  hazard occupancy” does not include any residential condominium
  807  where the declaration of condominium or the bylaws provide that
  808  the rental of units shall not be permitted for less than 90
  809  days.
  810         (16)(14) “Highway” means every way or place of whatever
  811  nature within the state open to the use of the public, as a
  812  matter of right, for purposes of vehicular traffic and includes
  813  public streets, alleys, roadways, or driveways upon grounds of
  814  colleges, universities, and institutions and other ways open to
  815  travel by the public, notwithstanding that the same have been
  816  temporarily closed for the purpose of construction,
  817  reconstruction, maintenance, or repair. The term does not
  818  include a roadway or driveway upon grounds owned by a private
  819  person.
  820         (17) “Hot zone” means the area immediately around an
  821  incident where serious threat of harm exists, which includes the
  822  collapse zone for a structure fire.
  823         (18)(15) “Keeping” means possessing, holding, retaining,
  824  maintaining, or having habitually in stock for sale.
  825         (19)(16) “Layout” as used in this chapter means the layout
  826  of risers, cross mains, branch lines, sprinkler heads, sizing of
  827  pipe, hanger locations, and hydraulic calculations in accordance
  828  with the design concepts established through the provisions of
  829  the Responsibility Rules adopted by the Board of Professional
  830  Engineers.
  831         (20)(17) “Manufacture” means the compounding, combining,
  832  producing, or making of anything or the working of anything by
  833  hand, by machinery, or by any other agency into forms suitable
  834  for use.
  835         (21)(18)A “Minimum firesafety standard” means is a
  836  requirement or group of requirements adopted pursuant to s.
  837  633.208 633.025 by a county, municipality, or special district
  838  with firesafety responsibilities, or by the State Fire Marshal
  839  pursuant to s. 394.879, for the protection of life and property
  840  from loss by fire which shall be met, as a minimum, by every
  841  occupancy, facility, building, structure, premises, device, or
  842  activity to which it applies.
  843         (22) “Minimum Standards Course” means training of at least
  844  360 hours as prescribed by rule adopted by the division which is
  845  required to obtain a Firefighter Certificate of Compliance under
  846  s. 633.408.
  847         (23)(19) “Motor vehicle” means any device propelled by
  848  power other than muscular power in, upon, or by which any
  849  individual person or property is or may be transported or drawn
  850  upon a highway, except a device moved or used exclusively upon
  851  stationary rails or tracks.
  852         (24)(20) “Point-of-service” means the point at which the
  853  underground piping for a fire protection system as defined in
  854  this section using water as the extinguishing agent becomes used
  855  exclusively for the fire protection system.
  856         (25)(21)(a) A “Preengineered system” means is a fire
  857  suppression system which:
  858         1. Uses any of a variety of extinguishing agents.
  859         2. Is designed to protect specific hazards.
  860         3. Must be installed according to pretested limitations and
  861  configurations specified by the manufacturer and applicable
  862  National Fire Protection Association (NFPA) standards. Only
  863  those chapters within the National Fire Protection Association
  864  standards which that pertain to servicing, recharging,
  865  repairing, installing, hydrotesting, or inspecting any type of
  866  preengineered fire extinguishing system may be used.
  867         4. Must be installed using components specified by the
  868  manufacturer or components that are listed as equal parts by a
  869  nationally recognized testing laboratory such as Underwriters
  870  Laboratories, Inc., or Factory Mutual Laboratories, Inc.
  871         5. Must be listed by a nationally recognized testing
  872  laboratory.
  873         (b) Preengineered systems consist of and include all of the
  874  components and parts providing fire suppression protection, but
  875  do not include the equipment being protected, and may
  876  incorporate special nozzles, flow rates, methods of application,
  877  pressurization levels, and quantities of agents designed by the
  878  manufacturer for specific hazards.
  879         (26)(22) “Private carrier” means a any motor vehicle,
  880  aircraft, or vessel operating intrastate in which there is
  881  identity of ownership between freight and carrier.
  882         (27)(23) “Sale” means the act of selling; the act whereby
  883  the ownership of property is transferred from one person to
  884  another for a sum of money or, loosely, for any consideration.
  885  The term includes the delivery of merchandise with or without
  886  consideration.
  887         (28)(24) “Special state firesafety inspector” means an
  888  individual officially assigned to the duties of conducting
  889  firesafety inspections required by law on behalf of or by an
  890  agency of the state having authority for inspections other than
  891  the division of State Fire Marshal.
  892         (29)(25)A “Sprinkler system” means is a type of fire
  893  protection system, either manual or automatic, using water as an
  894  extinguishing agent and installed in accordance with applicable
  895  National Fire Protection Association standards.
  896         (30)(26) “Storing” means accumulating, laying away, or
  897  depositing for preservation or as a reserve fund in a store,
  898  warehouse, or other source from which supplies may be drawn or
  899  within which they may be deposited. The term is limited in
  900  meaning and application to storage having a direct relationship
  901  to transportation.
  902         (31) “Support services” means those activities that a fire
  903  service provider has trained an individual to perform safely
  904  outside the hot zone of an emergency scene, including pulling
  905  hoses, opening and closing fire hydrants, driving and operating
  906  apparatus, carrying tools, carrying or moving equipment,
  907  directing traffic, manning a resource pool, or similar
  908  activities.
  909         (32) “Suspension” means the temporary withdrawal of a
  910  license, certificate, or permit issued pursuant to this chapter.
  911         (33)(27) “Transportation” means the conveying or carrying
  912  of property from one place to another by motor vehicle (except a
  913  motor vehicle subject to the provisions of s. 316.302),
  914  aircraft, or vessel, subject to such limitations as are set
  915  forth in s. 552.12, in which only the motor vehicles, aircraft,
  916  or vessels of the Armed Forces and other federal agencies are
  917  specifically exempted.
  918         (34)(28)A “Uniform firesafety standard” means is a
  919  requirement or group of requirements for the protection of life
  920  and property from loss by fire which shall be met by every
  921  building and structure specified in s. 633.206 633.022(1), and
  922  is not neither weakened or nor exceeded by law, rule, or
  923  ordinance of any other state agency or political subdivision or
  924  county, municipality, or special district with firesafety
  925  responsibilities.
  926         (35)(29) “Use” means application, employment; that
  927  enjoyment of property which consists of its employment,
  928  occupation, exercise, or practice.
  929         (36) “Volunteer firefighter” means an individual who holds
  930  a current and valid Volunteer Firefighter Certificate of
  931  Completion issued by the division under s. 633.408.
  932         Section 3. Section 633.01, Florida Statutes, is transferred
  933  and renumbered as section 633.104, Florida Statutes, subsections
  934  (1), (3), (5), (6), and (7) of that section are amended, and
  935  subsections (8) and (9) are added to that section, to read:
  936         633.104 633.01 State Fire Marshal; authority; powers and
  937  duties; rules.—
  938         (1) The Chief Financial Officer is designated as “State
  939  Fire Marshal.” The State Fire Marshal has authority to adopt
  940  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  941  provisions of this chapter conferring powers or duties upon the
  942  department. Rules must shall be in substantial conformity with
  943  generally accepted standards of firesafety; must shall take into
  944  consideration the direct supervision of children in
  945  nonresidential child care facilities; and must shall balance and
  946  temper the need of the State Fire Marshal to protect all
  947  Floridians from fire hazards with the social and economic
  948  inconveniences that may be caused or created by the rules. The
  949  department shall adopt the Florida Fire Prevention Code and the
  950  Life Safety Code.
  951         (3) The State Fire Marshal shall establish by rule
  952  guidelines and procedures for quadrennial triennial renewal of
  953  firesafety inspector requirements for certification.
  954         (5) It is the intent of the Legislature that there are to
  955  be no conflicting requirements between the Florida Fire
  956  Prevention Code and the Life Safety Code authorized by this
  957  chapter and the provisions of the Florida Building Code or
  958  conflicts in their enforcement and interpretation. Potential
  959  conflicts shall be resolved through coordination and cooperation
  960  of the State Fire Marshal and the Florida Building Commission as
  961  provided by this chapter and part IV of chapter 553.
  962         (6) Only the State Fire Marshal may issue, and, when
  963  requested in writing by any substantially affected person or a
  964  local enforcing agency, the State Fire Marshal shall issue
  965  declaratory statements pursuant to s. 120.565 relating to the
  966  Florida Fire Prevention Code and the Life Safety Code.
  967         (7) The State Fire Marshal, in consultation with the
  968  Department of Education, shall adopt and administer rules
  969  prescribing standards for the safety and health of occupants of
  970  educational and ancillary facilities pursuant to ss. 633.206
  971  633.022, 1013.12, 1013.37, and 1013.371. In addition, in any
  972  county, municipality, or special district that does not employ
  973  or appoint a firesafety inspector certified under s. 633.216
  974  633.081, the State Fire Marshal shall assume the duties of the
  975  local county, municipality, or independent special fire control
  976  district as defined in s. 191.003 with respect to firesafety
  977  inspections of educational property required under s.
  978  1013.12(3)(b), and the State Fire Marshal may take necessary
  979  corrective action as authorized under s. 1013.12(7).
  980         (8) The State Fire Marshal or her or his duly appointed
  981  hearing officer may administer oaths and take testimony about
  982  all matters within the jurisdiction of this chapter. Chapter 120
  983  governs hearings conducted by or on behalf of the State Fire
  984  Marshal.
  985         (9) The State Fire Marshal may contract with any qualified
  986  public entity or private company in accordance with chapter 287
  987  to provide examinations for any applicant for any examination
  988  administered under the jurisdiction of the State Fire Marshal.
  989  The State Fire Marshal may direct payments from each applicant
  990  for each examination directly to such contracted entity or
  991  company.
  992         Section 4. Section 633.163, Florida Statutes, is
  993  transferred, renumbered as section 633.106, Florida Statutes,
  994  and amended to read:
  995         633.106 633.163State Fire Marshal; disciplinary authority;
  996  administrative fine and probation in lieu of suspension,
  997  revocation, or refusal to issue a license, permit, or
  998  certificate.—
  999         (1) The State Fire Marshal may deny, suspend, or revoke the
 1000  license, certificate, or permit of any individual who does not
 1001  meet the qualifications established by, or who violates any
 1002  provision under, this chapter or any rule authorized by this
 1003  chapter.
 1004         (2)(1) If the State Fire Marshal finds that one or more
 1005  grounds exist for the suspension, revocation, or refusal to
 1006  issue, renew, or continue any license, certificate, or permit
 1007  issued under this chapter, the State Fire Marshal may, in its
 1008  discretion, in lieu of the suspension, revocation, or refusal to
 1009  issue, renew, or continue, and, except on a second offense or
 1010  when the suspension, revocation, or refusal to issue, renew, or
 1011  continue is mandatory, impose upon the licensee,
 1012  certificateholder, or permittee one or more of the following:
 1013         (a) An administrative fine not to exceed $1,000 for each
 1014  violation, and not to exceed a total of $10,000 in any one
 1015  proceeding.
 1016         (b) Probation for a period not to exceed 2 years, as
 1017  specified by the State Fire Marshal in her or his order.
 1018         (3)(2) The State Fire Marshal may allow the licensee,
 1019  certificateholder, or permittee a reasonable period, not to
 1020  exceed 30 days, within which to pay to the State Fire Marshal
 1021  the amount of the fine. If the licensee, certificateholder, or
 1022  permittee fails to pay the administrative fine in its entirety
 1023  to the State Fire Marshal within such period, the license,
 1024  permit, or certificate shall stand suspended until payment of
 1025  the administrative fine.
 1026         (4) As a condition to probation or in connection therewith,
 1027  the State Fire Marshal may specify in her or his order
 1028  reasonable terms and conditions to be fulfilled by the
 1029  probationer during the probation period. If during the probation
 1030  period the State Fire Marshal has good cause to believe that the
 1031  probationer has violated any of the terms and conditions, she or
 1032  he shall suspend, revoke, or refuse to issue, renew, or continue
 1033  the license, certificate, or permit of the probationer, as upon
 1034  the original ground or grounds referred to in subsection (2).
 1035         Section 5. Section 633.15, Florida Statutes, is transferred
 1036  and renumbered as section 633.108, Florida Statutes.
 1037         Section 6. Section 633.101, Florida Statutes, is
 1038  transferred, renumbered as section 633.112, Florida Statutes,
 1039  and amended to read:
 1040         633.112 633.101State Fire Marshal; hearings;
 1041  investigations; recordkeeping and reports; subpoenas of
 1042  witnesses; orders of circuit court investigatory powers of State
 1043  Fire Marshal; costs of service and witness fees.—
 1044         (1) The State Fire Marshal may in his or her discretion
 1045  take or cause to be taken the testimony on oath of a person all
 1046  persons whom he or she believes to be cognizant of any facts in
 1047  relation to matters under investigation.
 1048         (2) If the State Fire Marshal is shall be of the opinion
 1049  that there is sufficient evidence to charge a any person with an
 1050  offense, he or she must shall cause the arrest of such person
 1051  and must shall furnish to the prosecuting officer of any court
 1052  having jurisdiction of the said offense all information obtained
 1053  by him or her, including a copy of all pertinent and material
 1054  testimony taken, together with the names and addresses of all
 1055  witnesses. In the conduct of such investigations, the State Fire
 1056  Marshal may request such assistance as may reasonably be given
 1057  by such prosecuting officers and other local officials.
 1058         (3) The State Fire Marshal may summon and compel the
 1059  attendance of witnesses before him or her to testify in relation
 1060  to any matter manner which is, by the provisions of this
 1061  chapter, a subject of inquiry and investigation, and he or she
 1062  may require the production of any book, paper, or document
 1063  deemed pertinent thereto by him or her, and may seize furniture
 1064  and other personal property to be held for evidence.
 1065         (4) A person All persons so summoned and so testifying
 1066  shall be entitled to the same witness fees and mileage as
 1067  provided for witnesses testifying in the circuit courts of this
 1068  state, and officers serving subpoenas or orders of the State
 1069  Fire Marshal shall be paid in like manner for like services in
 1070  such courts, from the funds herein provided.
 1071         (5) Any agent designated by the State Fire Marshal for such
 1072  purposes may hold hearings, sign and issue subpoenas, administer
 1073  oaths, examine witnesses, receive evidence, and require by
 1074  subpoena the attendance and testimony of witnesses and the
 1075  production of such accounts, records, memoranda, or other
 1076  evidence, as may be material for the determination of any
 1077  complaint or conducting any inquiry or investigation under this
 1078  chapter. In the case of disobedience to a subpoena, the State
 1079  Fire Marshal or her or his agent may invoke the aid of any court
 1080  of competent jurisdiction in requiring the attendance and
 1081  testimony of witnesses and the production of accounts, records,
 1082  memoranda, or other evidence and any such court may in case of
 1083  refusal to obey a subpoena issued to a person, issue an order
 1084  requiring the person to appear before the State Fire Marshal’s
 1085  agent or produce accounts, records, memoranda, or other
 1086  evidence, as so ordered, or to give evidence touching any matter
 1087  pertinent to any complaint or the subject of any inquiry or
 1088  investigation, and any failure to obey such order of the court
 1089  shall be punished by the court as contempt.
 1090         (6) Upon request, the State Fire Marshal shall investigate
 1091  the cause, origin, and circumstances of fires and explosions
 1092  occurring in this state wherein property has been damaged or
 1093  destroyed and there is probable cause to believe that the fire
 1094  or explosion was the result of carelessness or design.
 1095         (a) Any time a fire or explosion has occurred which results
 1096  in property damage or destruction in any municipality, county,
 1097  or special district having an organized fire department, any
 1098  local fire official whose intent is to request the State Fire
 1099  Marshal to perform an investigation shall make or shall cause to
 1100  be made an initial investigation of the circumstances
 1101  surrounding the cause and origin of the fire or explosion. Law
 1102  enforcement officers may conduct such initial investigation.
 1103         (b) If the fire or explosion occurs in a municipality,
 1104  county, or special district that does not have an organized fire
 1105  department or designated arson investigations unit within its
 1106  law enforcement providers, the municipality, county, or special
 1107  district may request the State Fire Marshal to conduct the
 1108  initial investigation.
 1109         (c) The division shall adopt rules to assist local fire
 1110  officials and law enforcement officers in determining the
 1111  established responsibilities with respect to the initial or
 1112  preliminary assessment of fire and explosion scenes, and the
 1113  determination of whether probable cause exists to refer such
 1114  scenes to the State Fire Marshal for an investigation.
 1115         Section 7. Section 633.111, Florida Statutes, is
 1116  transferred, renumbered as subsections (7) and (8) of section
 1117  633.112, Florida Statutes, and amended to read:
 1118         633.112State Fire Marshal; hearings; investigations;
 1119  recordkeeping and reports; subpoenas of witnesses; orders of
 1120  circuit court investigatory powers of State Fire Marshal; costs
 1121  of service and witness fees.—
 1122         (7) The State Fire Marshal shall keep in her or his office
 1123  a record of all fires and explosions occurring in this state
 1124  upon which she or he had caused an investigation to be made and
 1125  all facts concerning the same. These records, obtained or
 1126  prepared by the State Fire Marshal pursuant to her or his
 1127  investigation, include documents, papers, letters, maps,
 1128  diagrams, tapes, photographs, films, sound recordings, and
 1129  evidence. These records are confidential and exempt from the
 1130  provisions of s. 119.07(1) until the investigation is completed
 1131  or ceases to be active. For purposes of this section, an
 1132  investigation is considered “active” while such investigation is
 1133  being conducted by the department with a reasonable, good faith
 1134  belief that it may lead to the filing of administrative, civil,
 1135  or criminal proceedings. An investigation does not cease to be
 1136  active if the department is proceeding with reasonable dispatch,
 1137  and there is a good faith belief that action may be initiated by
 1138  the department or other administrative or law enforcement
 1139  agency. Further, these documents, papers, letters, maps,
 1140  diagrams, tapes, photographs, films, sound recordings, and
 1141  evidence relative to the subject of an investigation shall not
 1142  be subject to subpoena until the investigation is completed or
 1143  ceases to be active, unless the State Fire Marshal consents.
 1144  These records shall be made daily from the reports furnished the
 1145  State Fire Marshal by her or his agents or others.
 1146         (8) Whenever the State Fire Marshal releases an
 1147  investigative report, any person requesting a copy of the report
 1148  shall pay in advance, and the State Fire Marshal shall collect
 1149  in advance, notwithstanding the provisions of s. 624.501(19)(a)
 1150  and (b), a fee of $10 for the copy of the report, which fee
 1151  shall be deposited into the Insurance Regulatory Trust Fund. The
 1152  State Fire Marshal may release the report without charge to any
 1153  state attorney or to any law enforcement agency or fire
 1154  department assisting in the investigation.
 1155         Section 8. Section 633.02, Florida Statutes, is
 1156  transferred, renumbered as section 633.114, Florida Statutes,
 1157  and amended to read:
 1158         633.114 633.02State Fire Marshal agents Agents; authority;
 1159  powers and duties; compensation.—
 1160         (1) The State Fire Marshal shall appoint such agents as may
 1161  be necessary to carry out effectively the provisions of this
 1162  chapter, who shall be reimbursed for travel expenses as provided
 1163  in s. 112.061, in addition to their salary, when traveling or
 1164  making investigations in the performance of their duties. Such
 1165  agents shall be at all times under the direction and control of
 1166  the State Fire Marshal, who shall fix their compensation, and
 1167  all orders shall be issued in the State Fire Marshal’s name and
 1168  by her or his authority.
 1169         (2) The authority given the State Fire Marshal under this
 1170  chapter may be exercised by her or his agents, individually or
 1171  in conjunction with any other state or local official charged
 1172  with similar responsibilities.
 1173         Section 9. Section 633.14, Florida Statutes, is transferred
 1174  and renumbered as section 633.116, Florida Statutes.
 1175         Section 10. Section 633.121, Florida Statutes, is
 1176  transferred, renumbered as section 633.118, Florida Statutes,
 1177  and amended to read:
 1178         633.118 633.121 Persons authorized to enforce laws and
 1179  rules of State Fire Marshal.—The chiefs of county, municipal,
 1180  and special-district fire service providers departments; other
 1181  fire service provider department personnel designated by their
 1182  respective chiefs; and personnel designated by local governments
 1183  having no organized fire service providers departments are
 1184  authorized to enforce this chapter law and all rules prescribed
 1185  by the State Fire Marshal within their respective jurisdictions.
 1186  Such personnel acting under the authority of this section shall
 1187  be deemed to be agents of their respective jurisdictions, not
 1188  agents of the State Fire Marshal.
 1189         Section 11. Section 633.151, Florida Statutes, is
 1190  transferred, renumbered as section 633.122, Florida Statutes,
 1191  and amended to read:
 1192         633.122 633.151 Impersonating State Fire Marshal,
 1193  firefighter firefighters, volunteer firefighter, or firesafety
 1194  inspector; criminal penalties.—A person who falsely assumes or
 1195  pretends to be the State Fire Marshal, an agent of the division
 1196  of State Fire Marshal, a firefighter as defined in s. 112.81, a
 1197  volunteer firefighter, or a firesafety inspector by identifying
 1198  herself or himself as the State Fire Marshal, an agent of the
 1199  division, a firefighter, a volunteer firefighter, or a
 1200  firesafety inspector by wearing a uniform or presenting or
 1201  displaying a badge as credentials that would cause a reasonable
 1202  person to believe that she or he is a State Fire Marshal, an
 1203  agent of the division, a firefighter, a volunteer firefighter,
 1204  or firesafety inspector commits and who acts as such to require
 1205  a person to aid or assist him or her in any matter relating to
 1206  the duties of the State Fire Marshal, an agent of the division,
 1207  a firefighter, or a firesafety inspector is guilty of a felony
 1208  of the third degree, punishable as provided in ss. 775.082 and
 1209  775.083 or, if the impersonation occurs during the commission of
 1210  a separate felony by that person, commits is guilty of a felony
 1211  of the first degree, punishable as provided in ss. 775.082 and
 1212  775.083.
 1213         Section 12. Section 633.171, Florida Statutes, is
 1214  transferred and renumbered as section 633.124, Florida Statutes,
 1215  and subsections (1) and (2) and paragraph (b) of subsection (3)
 1216  of that section are amended, to read:
 1217         633.124 633.171 Penalty for violation of law, rule, or
 1218  order to cease and desist or for failure to comply with
 1219  corrective order.—
 1220         (1) A Any person who violates any provision of this chapter
 1221  law, any order or rule of the State Fire Marshal, or any order
 1222  to cease and desist or to correct conditions issued under this
 1223  chapter commits a misdemeanor of the second degree, punishable
 1224  as provided in s. 775.082 or s. 775.083.
 1225         (2) It is a misdemeanor of the first degree, punishable as
 1226  provided in s. 775.082 or s. 775.083, to intentionally or
 1227  willfully:
 1228         (a) Render a fire protection system, fire extinguisher, or
 1229  preengineered system required by statute or by rule inoperative
 1230  except while during such time as the fire protection system,
 1231  fire extinguisher, or preengineered system is being serviced,
 1232  hydrotested, tested, repaired, or recharged, except pursuant to
 1233  court order.
 1234         (b) Obliterate the serial number on a fire extinguisher for
 1235  purposes of falsifying service records.
 1236         (c) Improperly service, recharge, repair, hydrotest, test,
 1237  or inspect a fire extinguisher or preengineered system.
 1238         (d) Use the license, certificate, or permit number of
 1239  another person.
 1240         (e) Hold a license, certificate, or permit and allow
 1241  another person to use the license, certificate, or said permit
 1242  number.
 1243         (f) Use, or allow permit the use of, any license,
 1244  certificate, or permit by any individual or organization other
 1245  than the one to whom the license, certificate, or permit is
 1246  issued.
 1247         (3)
 1248         (b) A person who initiates a pyrotechnic display within any
 1249  structure commits a felony of the third degree, punishable as
 1250  provided in s. 775.082, s. 775.083, or s. 775.084, unless:
 1251         1. The structure has a fire protection system installed in
 1252  compliance with s. 633.334 633.065.
 1253         2. The owner of the structure has authorized in writing the
 1254  pyrotechnic display.
 1255         3. If the local jurisdiction requires a permit for the use
 1256  of a pyrotechnic display in an occupied structure, such permit
 1257  has been obtained and all conditions of the permit complied with
 1258  or, if the local jurisdiction does not require a permit for the
 1259  use of a pyrotechnic display in an occupied structure, the
 1260  person initiating the display has complied with National Fire
 1261  Protection Association, Inc., Standard 1126, 2001 Edition,
 1262  Standard for the Use of Pyrotechnics before a Proximate
 1263  Audience.
 1264         Section 13. Section 633.175, Florida Statutes, is
 1265  transferred and renumbered as section 633.126, Florida Statutes,
 1266  and subsections (1), (2), (3), (6), and (9) of that section are
 1267  amended, to read:
 1268         633.126 633.175 Investigation of fraudulent insurance
 1269  claims and crimes; immunity of insurance companies supplying
 1270  information.—
 1271         (1)(a) As used in this section, the term “consultant” means
 1272  any individual or entity, or employee of the individual or
 1273  entity, retained by an insurer to assist in the investigation of
 1274  a fire, explosion, or suspected fraudulent insurance act.
 1275         (b) The State Fire Marshal or an agent appointed pursuant
 1276  to s. 633.114 633.02, any law enforcement officer as defined in
 1277  s. 111.065, any law enforcement officer of a federal agency, or
 1278  any fire service provider department official who is engaged in
 1279  the investigation of a fire or explosion loss may request any
 1280  insurance company or its agent, adjuster, employee, or attorney,
 1281  investigating a claim under an insurance policy or contract with
 1282  respect to a fire or explosion to release any information
 1283  whatsoever in the possession of the insurance company or its
 1284  agent, adjuster, employee, or attorney relative to a loss from
 1285  that fire or explosion. The insurance company shall release the
 1286  available information to and cooperate with any official
 1287  authorized to request such information pursuant to this section.
 1288  The information shall include, but shall not be limited to:
 1289         1.(a) Any insurance policy relevant to a loss under
 1290  investigation and any application for such a policy.
 1291         2.(b) Any policy premium payment records.
 1292         3.(c) The records, reports, and all material pertaining to
 1293  any previous claims made by the insured with the reporting
 1294  company.
 1295         4.(d) Material relating to the investigation of the loss,
 1296  including statements of a any person, proof of loss, and other
 1297  relevant evidence.
 1298         5.(e) Memoranda, notes, and correspondence relating to the
 1299  investigation of the loss in the possession of the insurance
 1300  company or its agents, adjusters, employees, or attorneys.
 1301         (2) If an insurance company has reason to suspect that a
 1302  fire or explosion loss to its insured’s real or personal
 1303  property was caused by intentional incendiary means, the company
 1304  shall notify the State Fire Marshal and shall furnish her or him
 1305  with all material acquired by the company during the course of
 1306  its investigation. The State Fire Marshal may adopt rules to
 1307  implement this subsection.
 1308         (3) In the absence of fraud, bad faith, or malice, a no
 1309  representative of or consultant to an insurance company or of
 1310  the National Insurance Crime Bureau employed to adjust or
 1311  investigate losses caused by fire or explosion is not shall be
 1312  liable for damages in a civil action for furnishing information
 1313  concerning fires or explosion suspected to be other than
 1314  accidental to investigators employed by other insurance
 1315  companies or the National Insurance Crime Bureau.
 1316         (6) The actions of an insurance company or of its agents,
 1317  employees, adjusters, consultants, or attorneys, in complying
 1318  with the statutory obligation of this section may not shall in
 1319  no way be construed by a court as a waiver or abandonment of any
 1320  privilege or confidentiality of attorney work product, attorney
 1321  client communication, or such other privilege or immunity as is
 1322  provided by law.
 1323         (9) A Any person who willfully violates the provisions of
 1324  this section commits is guilty of a misdemeanor of the first
 1325  degree, punishable as provided in s. 775.082 or s. 775.083.
 1326         Section 14. Section 633.45, Florida Statutes, is
 1327  transferred, renumbered as section 633.128, Florida Statutes,
 1328  and amended to read:
 1329         633.128 633.45 Division of State Fire Marshal; powers,
 1330  duties.—
 1331         (1) The division shall:
 1332         (a) Establish, by rule, uniform minimum standards for the
 1333  employment and training of firefighters and volunteer
 1334  firefighters.
 1335         (b) Establish, by rule, minimum curriculum requirements and
 1336  criteria used to approve education or training providers,
 1337  including for schools operated by or for any fire service
 1338  provider, employing agency for the specific purpose of training
 1339  individuals seeking to become a firefighter recruits or
 1340  volunteer firefighter firefighters.
 1341         (c) Specify, by rule, standards for the approval, denial of
 1342  approval, probation, suspension, and revocation of approval of
 1343  education or training providers and facilities for training
 1344  firefighters and volunteer firefighters Approve institutions,
 1345  instructors, and facilities for school operation by or for any
 1346  employing agency for the specific purpose of training
 1347  firefighters and firefighter recruits.
 1348         (d) Specify, by rule, standards for the certification,
 1349  denial of certification, probation, and revocation of
 1350  certification for instructors, approval, denial of approval,
 1351  probation, and revocation of approval of institutions,
 1352  instructors, and facilities for training firefighters and
 1353  firefighter recruits; including a rule requiring each that an
 1354  instructor to must complete 40 hours of continuing education
 1355  every 4 3 years in order to maintain her or his certification
 1356  the approval of the department.
 1357         (e) Issue certificates of competency to persons who, by
 1358  reason of experience and completion of basic inservice training,
 1359  advanced education, or specialized training, are especially
 1360  qualified for particular aspects or classes of firefighting
 1361  firefighter duties.
 1362         (f) Establish, by rule, minimum training qualifications for
 1363  persons serving as firesafety coordinators for their respective
 1364  departments of state government and certify all persons who
 1365  satisfy such qualifications.
 1366         (g) Establish a uniform lesson plan to be followed by
 1367  firesafety instructors in the training of state employees in
 1368  firesafety and emergency evacuation procedures.
 1369         (h) Have complete jurisdiction over, and complete
 1370  management and control of, the Florida State Fire College and be
 1371  invested with full power and authority to make all rules and
 1372  regulations necessary for the governance of the said
 1373  institution.
 1374         (i) Appoint a superintendent of the Florida State Fire
 1375  College and such other instructors, experimental helpers, and
 1376  laborers as may be necessary and remove the same as in the
 1377  division’s its judgment and discretion may be best, fix their
 1378  compensation, and provide for their payment.
 1379         (j) Have full management, possession, and control of the
 1380  lands, buildings, structures, and property belonging to the
 1381  Florida State Fire College.
 1382         (k) Provide for the courses of study and curriculum of the
 1383  Florida State Fire College.
 1384         (l) Make rules and regulations for the admission of
 1385  trainees to the Florida State Fire College.
 1386         (m) Visit and inspect the Florida State Fire College and
 1387  every department thereof and provide for the proper keeping of
 1388  accounts and records thereof.
 1389         (n) Make and prepare all necessary budgets of expenditures
 1390  for the enlargement, proper furnishing, maintenance, support,
 1391  and conduct of the Florida State Fire College.
 1392         (o) Select and purchase all property, furniture, fixtures,
 1393  and paraphernalia necessary for the Florida State Fire College.
 1394         (p) Build, construct, change, enlarge, repair, and maintain
 1395  any and all buildings or structures of the Florida State Fire
 1396  College that may at any time be necessary for the said
 1397  institution and purchase and acquire all lands and property
 1398  necessary for same, of every nature and description whatsoever.
 1399         (q) Care for and maintain the Florida State Fire College
 1400  and do and perform every other matter or thing requisite to the
 1401  proper management, maintenance, support, and control of the said
 1402  institution, necessary or requisite to carry out fully the
 1403  purpose of this chapter act and for raising it to, and
 1404  maintaining it at, the proper efficiency and standard as
 1405  required in and by part IV the provisions of ss. 633.43-633.49.
 1406         (r) Issue a license, certificate, or permit of a specific
 1407  class to an individual who successfully completes the training,
 1408  education, and examination required under this chapter or by
 1409  rule for such class of license, certificate, or permit.
 1410         (2) The division, subject to the limitations and
 1411  restrictions elsewhere herein imposed in this chapter, may:
 1412         (a) Adopt rules and regulations for the administration of
 1413  this chapter ss. 633.30-633.49 pursuant to chapter 120.
 1414         (b) Adopt a seal and alter the same at its pleasure.
 1415         (c) Sue and be sued.
 1416         (d) Acquire any real or personal property by purchase,
 1417  gift, or donation, and have water rights.
 1418         (e) Exercise the right of eminent domain to acquire any
 1419  property and lands necessary to the establishment, operation,
 1420  and expansion of the Florida State Fire College.
 1421         (f) Make contracts and execute necessary or convenient
 1422  instruments.
 1423         (g) Undertake by contract or contracts, or by its own agent
 1424  and employees, and otherwise than by contract, any project or
 1425  projects, and operate and maintain such projects.
 1426         (h) Accept grants of money, materials, or property of any
 1427  kind from a federal agency, private agency, county,
 1428  municipality, city, town, corporation, partnership, or
 1429  individual upon such terms and conditions as the grantor may
 1430  impose.
 1431         (i) Perform all acts and do all things necessary or
 1432  convenient to carry out the powers granted herein and the
 1433  purposes of this chapter ss. 633.30-633.49.
 1434         (3) The title to all property referred to in part IV ss.
 1435  633.43-633.49, however acquired, shall be vested in the
 1436  department and shall only be transferred and conveyed by it.
 1437         Section 15. Section 633.132, Florida Statutes, is created
 1438  to read:
 1439         633.132Fees.—
 1440         (1) The division shall collect in advance the following
 1441  fees that it deems necessary to be charged:
 1442         (a) Pursuant to part III of this chapter:
 1443         1. Contractor certificate initial application: $300 for
 1444  each class of certificate.
 1445         2. Contractor biennial renewal fee: $150 for each class of
 1446  certificate.
 1447         3. Contractor permit initial application fee: $100 for each
 1448  class of permit.
 1449         4. Contractor permit biennial renewal fee: $50 for each
 1450  class of permit.
 1451         5. Contractor examination or reexamination fee: $100 for
 1452  each class of certificate.
 1453         6. Fire equipment dealer license:
 1454         a. Class A: $250.
 1455         b. Class B: $150.
 1456         c. Class C: $150.
 1457         d. Class D: $200.
 1458         7. Fire equipment dealer or contractor application and
 1459  renewal fee for an inactive license: $75.
 1460         8. Fire equipment dealer license or permit exam or
 1461  reexamination: $50.
 1462         9. Reinspection fee for a dealer equipment inspection
 1463  conducted by the State Fire Marshal under s. 633.304(1): $50 for
 1464  each reinspection.
 1465         10. Permit for a portable fire extinguisher
 1466  installer/repairer/inspector: $90.
 1467         11. Permit for a preengineered fire extinguishing system
 1468  installer/repairer/inspector: $120.
 1469         12. Conversion of a fire equipment dealer’s license to a
 1470  different category: $10 for each permit and license.
 1471         (b) Pursuant to part IV of this chapter:
 1472         1. Certificate of compliance: $30.
 1473         2. Certificate of competency: $30.
 1474         3. Renewal fee for a certificate of compliance, competency,
 1475  or instruction: $15.
 1476         (c) Duplicate or change of address for any license, permit,
 1477  or certificate: $10.
 1478         (2) All moneys collected by the State Fire Marshal pursuant
 1479  to this chapter shall be deposited into the Insurance Regulatory
 1480  Trust Fund.
 1481         Section 16. Section 633.39, Florida Statutes, is
 1482  transferred and renumbered as section 633.134, Florida Statutes.
 1483         Section 17. Section 633.115, Florida Statutes, is
 1484  transferred, renumbered as section 633.136, Florida Statutes,
 1485  and amended to read:
 1486         633.136 633.115 Fire and Emergency Incident Information
 1487  Reporting Program; duties; fire reports.—
 1488         (1)(a) The Fire and Emergency Incident Information
 1489  Reporting Program is created within the division of State Fire
 1490  Marshal. The program shall:
 1491         1. Establish and maintain an electronic communication
 1492  system capable of transmitting fire and emergency incident
 1493  information to and between fire protection agencies.
 1494         2. Initiate a Fire and Emergency Incident Information
 1495  Reporting System that shall be responsible for:
 1496         a. Receiving fire and emergency incident information from
 1497  fire protection agencies.
 1498         b. Preparing and disseminating annual reports to the
 1499  Governor, the President of the Senate, the Speaker of the House
 1500  of Representatives, fire protection agencies, and, upon request,
 1501  the public. Each report shall include, but not be limited to,
 1502  the information listed in the National Fire Incident Reporting
 1503  System.
 1504         c. Upon request, providing other states and federal
 1505  agencies with fire and emergency incident data of this state.
 1506         3. Adopt rules to effectively and efficiently implement,
 1507  administer, manage, maintain, and use the Fire and Emergency
 1508  Incident Information Reporting Program. The rules shall be
 1509  considered minimum requirements and shall not preclude a fire
 1510  protection agency from implementing its own requirements which
 1511  may shall not conflict with the rules of the division of State
 1512  Fire Marshal.
 1513         4. By rule, establish procedures and a format for each fire
 1514  protection agency to voluntarily monitor its records and submit
 1515  reports to the program.
 1516         5. Establish an electronic information database that which
 1517  is accessible and searchable by fire protection agencies.
 1518         (b) The division of State Fire Marshal shall consult with
 1519  the Florida Forest Service of the Department of Agriculture and
 1520  Consumer Services and the State Surgeon General of the
 1521  Department of Health to coordinate data, ensure accuracy of the
 1522  data, and limit duplication of efforts in data collection,
 1523  analysis, and reporting.
 1524         (2) The Fire and Emergency Incident Information System
 1525  Technical Advisory Panel is created within the division of State
 1526  Fire Marshal. The panel shall advise, review, and recommend to
 1527  the State Fire Marshal with respect to the requirements of this
 1528  section. The membership of the panel shall consist of the
 1529  following 15 members:
 1530         (a) The current 13 members of the Firefighters Employment,
 1531  Standards, and Training Council as established in s. 633.402
 1532  633.31.
 1533         (b) One member from the Florida Forest Service of the
 1534  Department of Agriculture and Consumer Services, appointed by
 1535  the director of the Florida Forest Service.
 1536         (c) One member from the Department of Health, appointed by
 1537  the State Surgeon General.
 1538         (3) For the purpose of this section, the term “fire
 1539  protection agency” shall be defined by rule by the division of
 1540  State Fire Marshal.
 1541         Section 18. Section 633.138, Florida Statutes, is created
 1542  to read:
 1543         633.138 Notice of change of address of record; notice of
 1544  felony actions.—
 1545         (1) Any individual issued a license, permit, or certificate
 1546  under this chapter shall notify the division in writing of any
 1547  changes to her or his current mailing address, e-mail address,
 1548  and place of practice as specified in rule adopted by the
 1549  division.
 1550         (2) Notwithstanding any other provision of law, delivery by
 1551  regular mail or e-mail to a licensee, permittee, or
 1552  certificateholder, using the last known mailing address or e
 1553  mail address on record with the division, constitutes adequate
 1554  and sufficient notice to the licensee, permittee, or
 1555  certificateholder of any official communication by the division.
 1556         (3) Any individual issued a license, permit, or certificate
 1557  under this chapter shall notify the division in writing within
 1558  30 days after pleading guilty or nolo contendere to, or being
 1559  convicted or found guilty of, any felony or a crime punishable
 1560  by imprisonment of 1 year or more under the law of the United
 1561  States or of any state thereof, or under the law of any other
 1562  country, without regard to whether a judgment of conviction has
 1563  been entered by the court having jurisdiction of the case.
 1564         Section 19. Section 633.042, Florida Statutes, is
 1565  transferred and renumbered as section 633.142, Florida Statutes,
 1566  and subsection (11) of that section is amended, to read:
 1567         633.142 633.042 Reduced Cigarette Ignition Propensity
 1568  Standard and Firefighter Protection Act; preemption.—
 1569         (11) PREEMPTION.—
 1570         (a) This section shall be repealed if a federal reduced
 1571  cigarette ignition propensity standard that preempts this
 1572  section is adopted and becomes effective.
 1573         (b)Notwithstanding any other provision of law, local
 1574  governmental units of this state may not enact or enforce any
 1575  ordinance or other local law or rule conflicting with, or
 1576  preempted by, any provision of this act or any policy of this
 1577  state expressed by this act, whether that policy be expressed by
 1578  inclusion of a provision in this act or by exclusion of that
 1579  subject from this act.
 1580         Section 20. The Division of Law Revision and Information is
 1581  requested to create part II of chapter 633, Florida Statutes,
 1582  consisting of sections 633.202, 633.204, 633.206, 633.208,
 1583  633.212, 633.214, 633.216, 633.218, 633.222, 633.224, 633.226,
 1584  and 633.228, Florida Statutes, to be entitled “Fire Safety and
 1585  Prevention.”
 1586         Section 21. Section 633.0215, Florida Statutes, is
 1587  transferred and renumbered as section 633.202, Florida Statutes,
 1588  and subsections (2), (4), (7), (9), (10), and (12) through (15)
 1589  of that section are amended, to read:
 1590         633.202 633.0215 Florida Fire Prevention Code.—
 1591         (2) The State Fire Marshal shall adopt the current edition
 1592  of the National Fire Protection Association’s Standard 1, Fire
 1593  Prevention Code but may shall not adopt a building, mechanical,
 1594  or plumbing code. The State Fire Marshal shall adopt the current
 1595  edition of the Life Safety Code, NFPA Pamphlet 101, current
 1596  editions, by reference. The State Fire Marshal may modify the
 1597  selected codes and standards as needed to accommodate the
 1598  specific needs of the state. Standards or criteria in the
 1599  selected codes shall be similarly incorporated by reference. The
 1600  State Fire Marshal shall incorporate within sections of the
 1601  Florida Fire Prevention Code provisions that address uniform
 1602  firesafety standards as established in s. 633.206 633.022. The
 1603  State Fire Marshal shall incorporate within sections of the
 1604  Florida Fire Prevention Code provisions addressing regional and
 1605  local concerns and variations.
 1606         (4) The State Fire Marshal shall update, by rule adopted
 1607  pursuant to ss. 120.536(1) and 120.54, the Florida Fire
 1608  Prevention Code every 3 years. Once initially adopted and
 1609  subsequently updated, the Florida Fire Prevention Code and the
 1610  Life Safety Code shall be adopted for use statewide without
 1611  adoptions by local governments. When updating the Florida Fire
 1612  Prevention Code and the most recent edition of the Life Safety
 1613  Code, the State Fire Marshal shall consider changes made by the
 1614  national model fire codes incorporated into the Florida Fire
 1615  Prevention Code, the State Fire Marshal’s own interpretations,
 1616  declaratory statements, appellate decisions, and approved
 1617  statewide and local technical amendments.
 1618         (7) Any local amendment adopted by a local government must
 1619  strengthen the Fire Prevention Code requirements of the minimum
 1620  firesafety code.
 1621         (9) The State Fire Marshal shall make rules that implement
 1622  this section and ss. 633.104 and 633.208 633.01 and 633.025 for
 1623  the purpose of accomplishing the objectives set forth in those
 1624  sections.
 1625         (10) Notwithstanding other provisions of this chapter, if a
 1626  county or a municipality within that county adopts an ordinance
 1627  providing for a local amendment to the Florida Fire Prevention
 1628  Code and that amendment provides a higher level of protection to
 1629  the public than the level specified in the Florida Fire
 1630  Prevention Code, the local amendment becomes effective without
 1631  approval of the State Fire Marshal and is not rescinded pursuant
 1632  to the provisions of this section, provided that the ordinance
 1633  meets one or more of the following criteria:
 1634         (a) The local authority has adopted, by ordinance, a fire
 1635  service facilities and operation plan that outlines goals and
 1636  objectives for related equipment, personnel, and capital
 1637  improvement needs of the local authority related to the specific
 1638  amendment for the next 5 years;
 1639         (b) The local authority has adopted, by ordinance, a
 1640  provision requiring proportionate reduction in, or rebate or
 1641  waivers of, impact or other fees or assessments levied on
 1642  buildings that are built or modified in compliance with the more
 1643  stringent firesafety standards required by the local amendment;
 1644  or
 1645         (c) The local authority has adopted, by ordinance, a growth
 1646  management plan that requires buildings and structures to be
 1647  equipped with more stringent firesafety requirements required by
 1648  the local amendment when these firesafety requirements are used
 1649  as the basis for planning infrastructure development, uses, or
 1650  housing densities.
 1651  
 1652  Except as provided in s. 633.206 633.022, the local appeals
 1653  process shall be the venue if there is a dispute between parties
 1654  affected by the provisions of the more stringent local
 1655  firesafety amendment adopted as part of the Florida Fire
 1656  Prevention Code pursuant to the authority in this subsection.
 1657  Local amendments adopted pursuant to this subsection shall be
 1658  deemed local or regional variations and published as such in the
 1659  Florida Fire Prevention Code. The act of publishing locally
 1660  adopted firesafety amendments to the Florida Fire Prevention
 1661  Code may shall not be construed to mean that the State Fire
 1662  Marshal approves or denies the authenticity or appropriateness
 1663  of the locally adopted firesafety provision, and the burden of
 1664  protecting the local firesafety amendment remains solely with
 1665  the adopting local governmental authority.
 1666         (12) Notwithstanding other provisions of this section, the
 1667  State Fire Marshal shall study the use of managed, facilities
 1668  based, voice-over-Internet-protocol telephone service for
 1669  monitoring fire alarm signals. If the study determines that
 1670  voice-over-Internet-protocol telephone service technology
 1671  provides a level of protection equivalent to that required by
 1672  NFPA 72: National Fire Alarm Code, the State Fire Marshal shall
 1673  initiate rulemaking pursuant to ss. 120.536(1) and 120.54 by
 1674  December 1, 2008, to allow the use of this technology as an
 1675  additional method of monitoring fire alarm systems.
 1676         (12)(13)(a) The State Fire Marshal shall issue an expedited
 1677  declaratory statement relating to interpretations of provisions
 1678  of the Florida Fire Prevention Code according to the following
 1679  guidelines:
 1680         1. The declaratory statement shall be rendered in
 1681  accordance with s. 120.565, except that a final decision must be
 1682  issued by the State Fire Marshal within 45 days after the
 1683  division’s receipt of a petition seeking an expedited
 1684  declaratory statement. The State Fire Marshal shall give notice
 1685  of the petition and the expedited declaratory statement or the
 1686  denial of the petition in the next available issue of the
 1687  Florida Administrative Register Weekly after the petition is
 1688  filed and after the statement or denial is rendered.
 1689         2. The petitioner must be the owner of the disputed project
 1690  or the owner’s representative.
 1691         3. The petition for an expedited declaratory statement must
 1692  be:
 1693         a. Related to an active project that is under construction
 1694  or must have been submitted for a permit.
 1695         b. The subject of a written notice citing a specific
 1696  provision of the Florida Fire Prevention Code which is in
 1697  dispute.
 1698         c. Limited to a single question that is capable of being
 1699  answered with a “yes” or “no” response.
 1700         (b) A petition for a declaratory statement which does not
 1701  meet all of the requirements of this subsection must be denied
 1702  without prejudice. This subsection does not affect the right of
 1703  the petitioner as a substantially affected person to seek a
 1704  declaratory statement under s. 633.104(6) 633.01(6).
 1705         (13)(14) A condominium, cooperative, or multifamily
 1706  residential building that is less than four stories in height
 1707  and has an exterior corridor providing a means of egress is
 1708  exempt from installing a manual fire alarm system as required in
 1709  s. 9.6 of the most recent edition of the Life Safety Code
 1710  adopted in the Florida Fire Prevention Code. This is intended to
 1711  clarify existing law.
 1712         (14)(15) The Legislature finds that the electronic filing
 1713  of construction plans will increase governmental efficiency,
 1714  reduce costs, and increase timeliness of processing permits. If
 1715  the fire code administrator or fire official provides for
 1716  electronic filing, any construction plans, drawings,
 1717  specifications, reports, final documents, or documents prepared
 1718  or issued by a licensee may be dated and electronically signed
 1719  and sealed by the licensee in accordance with part I of chapter
 1720  668, and may be transmitted electronically to the fire code
 1721  administrator or fire official for approval.
 1722         Section 22. Section 633.72, Florida Statutes, is
 1723  transferred, renumbered as section 633.204, Florida Statutes,
 1724  and amended to read:
 1725         633.204 633.72 Florida Fire Code Advisory Council.—
 1726         (1) There is created within the department the Florida Fire
 1727  Code Advisory Council with 11 members appointed by the State
 1728  Fire Marshal. The council shall advise and recommend to the
 1729  State Fire Marshal changes to and interpretation of the uniform
 1730  firesafety standards adopted under s. 633.206 633.022, the
 1731  Florida Fire Prevention Code, and those portions of the Florida
 1732  Fire Prevention Code that have the effect of conflicting with
 1733  building construction standards that are adopted pursuant to ss.
 1734  633.202 and 633.206 633.0215 and 633.022. The members of the
 1735  council shall represent the following groups and professions:
 1736         (a) One member shall be the State Fire Marshal, or his or
 1737  her designated appointee who shall be an administrative employee
 1738  of the marshal.;
 1739         (b) One member shall be an administrative officer from a
 1740  fire department representing a municipality, or a county, or a
 1741  special district selected from a list of persons submitted by
 1742  the Florida Fire Chiefs Association.;
 1743         (c) One member shall be an architect licensed in the state
 1744  selected from a list of persons submitted by the Florida
 1745  Association/American Institute of Architects.;
 1746         (d) One member shall be an engineer with fire protection
 1747  design experience registered to practice in the state selected
 1748  from a list of persons submitted by the Florida Engineering
 1749  Society.;
 1750         (e) One member shall be an administrative officer from a
 1751  building department of a county or municipality selected from a
 1752  list of persons submitted by the Building Officials Association
 1753  of Florida.;
 1754         (f) One member shall be a contractor licensed in the state
 1755  selected from a list submitted by the Florida Home Builders
 1756  Association.;
 1757         (g) One member shall be a Florida certified firefighter
 1758  selected from a list submitted by the Florida Professional
 1759  Firefighters’ Association.;
 1760         (h) One member shall be a Florida certified firesafety
 1761  municipal fire inspector selected from a list submitted by the
 1762  Florida Fire Marshals’ and Inspectors’ Marshal’s Association.;
 1763         (i) One member shall be selected from a list submitted by
 1764  the Department of Education.;
 1765         (j) One member shall be selected from a list submitted by
 1766  the Chancellor of the State University System.; and
 1767         (k) One member shall be representative of the general
 1768  public.
 1769         (2) The State Fire Marshal and the Florida Building
 1770  Commission shall coordinate efforts to provide consistency
 1771  between the Florida Building Code and the Florida Fire
 1772  Prevention Code and the Life Safety Code.
 1773         (3) The council shall meet at least semiannually to advise
 1774  the State Fire Marshal’s Office on matters subject to this
 1775  section.
 1776         (4) The council may review proposed changes to the Florida
 1777  Fire Prevention Code and the uniform firesafety standards
 1778  pursuant to s. 633.202(4).
 1779         (5)(3) The council and Florida Building Commission shall
 1780  cooperate through joint representation and coordination of codes
 1781  and standards to resolve conflicts in their development,
 1782  updating, and interpretation.
 1783         (6)(4) Each appointee shall serve a 4-year term. No member
 1784  shall serve more than two consecutive terms. A No member of the
 1785  council may not shall be paid a salary as such member, but each
 1786  shall receive travel and expense reimbursement as provided in s.
 1787  112.061.
 1788         Section 23. Section 633.022, Florida Statutes, is
 1789  transferred and renumbered as section 633.206, Florida Statutes,
 1790  and subsection (1) and paragraph (a) of subsection (4) of that
 1791  section are amended, to read:
 1792         633.206 633.022 Uniform firesafety standards.—The
 1793  Legislature hereby determines that to protect the public health,
 1794  safety, and welfare it is necessary to provide for firesafety
 1795  standards governing the construction and utilization of certain
 1796  buildings and structures. The Legislature further determines
 1797  that certain buildings or structures, due to their specialized
 1798  use or to the special characteristics of the person utilizing or
 1799  occupying these buildings or structures, should be subject to
 1800  firesafety standards reflecting these special needs as may be
 1801  appropriate.
 1802         (1) The department shall establish uniform firesafety
 1803  standards that apply to:
 1804         (a) All new, existing, and proposed state-owned and state
 1805  leased buildings.
 1806         (b) All new, existing, and proposed hospitals, nursing
 1807  homes, assisted living facilities, adult family-care homes,
 1808  correctional facilities, public schools, transient public
 1809  lodging establishments, public food service establishments,
 1810  elevators, migrant labor camps, mobile home parks, lodging
 1811  parks, recreational vehicle parks, recreational camps,
 1812  residential and nonresidential child care facilities, facilities
 1813  for the developmentally disabled, motion picture and television
 1814  special effects productions, tunnels, and self-service gasoline
 1815  stations, of which standards the State Fire Marshal is the final
 1816  administrative interpreting authority.
 1817  
 1818  In the event there is a dispute between the owners of the
 1819  buildings specified in paragraph (b) and a local authority
 1820  requiring a more stringent uniform firesafety standard for
 1821  sprinkler systems, the State Fire Marshal shall be the final
 1822  administrative interpreting authority and the State Fire
 1823  Marshal’s interpretation regarding the uniform firesafety
 1824  standards shall be considered final agency action.
 1825         (4)(a) Notwithstanding any provision of law to the
 1826  contrary, each nursing home licensed under part II of chapter
 1827  400 shall be protected throughout by an approved, supervised
 1828  automatic sprinkler system in accordance with s. 9 of National
 1829  Fire Protection Association, Inc., Life Safety Code, no later
 1830  than December 31, 2010. A nursing home licensee shall submit
 1831  complete sprinkler construction documents to the Agency for
 1832  Health Care Administration for review by December 31, 2008, and
 1833  the licensee must gain final approval to start construction from
 1834  the agency by June 30, 2009. The agency shall grant a 6-month
 1835  extension to a nursing home licensee if the completion and
 1836  submission of the sprinkler construction documents are
 1837  contingent upon the approval of the application for the loan
 1838  guarantee program authorized under s. 633.0245. In such case,
 1839  the agency may extend the deadline for final approval to begin
 1840  construction beyond June 30, 2009, but the deadline may not be
 1841  extended beyond December 31, 2009.
 1842         Section 24. Section 633.025, Florida Statutes, is
 1843  transferred, renumbered as section 633.208, Florida Statutes,
 1844  and amended to read:
 1845         633.208 633.025 Minimum firesafety standards.—
 1846         (1) The Florida Fire Prevention Code and the Life Safety
 1847  Code adopted by the State Fire Marshal, which shall operate in
 1848  conjunction with the Florida Building Code, shall be deemed
 1849  adopted by each municipality, county, and special district with
 1850  firesafety responsibilities. The minimum firesafety codes do
 1851  shall not apply to buildings and structures subject to the
 1852  uniform firesafety standards under s. 633.206 633.022 and
 1853  buildings and structures subject to the minimum firesafety
 1854  standards adopted pursuant to s. 394.879.
 1855         (2) Pursuant to subsection (1), each municipality, county,
 1856  and special district with firesafety responsibilities shall
 1857  enforce the Florida Fire Prevention Code and the Life Safety
 1858  Code as the minimum firesafety code required by this section.
 1859         (3) The most current edition of the National Fire
 1860  Protection Association (NFPA) 101, Life Safety Code, adopted by
 1861  the State Fire Marshal, shall be deemed to be adopted by each
 1862  municipality, county, and special district with firesafety
 1863  responsibilities as part of the minimum firesafety code.
 1864         (3)(4) Such code codes shall be a minimum code codes and a
 1865  municipality, county, or special district with firesafety
 1866  responsibilities may adopt more stringent firesafety standards,
 1867  subject to the requirements of this subsection. Such county,
 1868  municipality, or special district may establish alternative
 1869  requirements to those requirements which are required under the
 1870  minimum firesafety standards on a case-by-case basis, in order
 1871  to meet special situations arising from historic, geographic, or
 1872  unusual conditions, if the alternative requirements result in a
 1873  level of protection to life, safety, or property equal to or
 1874  greater than the applicable minimum firesafety standards. For
 1875  the purpose of this subsection, the term “historic” means that
 1876  the building or structure is listed on the National Register of
 1877  Historic Places of the United States Department of the Interior.
 1878         (a) The local governing body shall determine, following a
 1879  public hearing which has been advertised in a newspaper of
 1880  general circulation at least 10 days before the hearing, if
 1881  there is a need to strengthen the requirements of the minimum
 1882  firesafety code adopted by such governing body. The
 1883  determination must be based upon a review of local conditions by
 1884  the local governing body, which review demonstrates that local
 1885  conditions justify more stringent requirements than those
 1886  specified in the minimum firesafety code for the protection of
 1887  life and property or justify requirements that meet special
 1888  situations arising from historic, geographic, or unusual
 1889  conditions.
 1890         (b) Such additional requirements may shall not be
 1891  discriminatory as to materials, products, or construction
 1892  techniques of demonstrated capabilities.
 1893         (c) Paragraphs (a) and (b) apply solely to the local
 1894  enforcing agency’s adoption of requirements more stringent than
 1895  those specified in the Florida Fire Prevention Code and the Life
 1896  Safety Code that have the effect of amending building
 1897  construction standards. Upon request, the enforcing agency must
 1898  shall provide a person making application for a building permit,
 1899  or any state agency or board with construction-related
 1900  regulation responsibilities, a listing of all such requirements
 1901  and codes.
 1902         (d) A local government which adopts amendments to the
 1903  minimum firesafety code must provide a procedure by which the
 1904  validity of such amendments may be challenged by any
 1905  substantially affected party to test the amendment’s compliance
 1906  with the provisions of this section.
 1907         1. Unless the local government agrees to stay enforcement
 1908  of the amendment, or other good cause is shown, the challenging
 1909  party shall be entitled to a hearing on the challenge within 45
 1910  days.
 1911         2. For purposes of such challenge, the burden of proof
 1912  shall be on the challenging party, but the amendment may shall
 1913  not be presumed to be valid or invalid.
 1914  
 1915  This subsection gives local government the authority to
 1916  establish firesafety codes that exceed the Florida Fire
 1917  Prevention Code minimum firesafety codes and standards adopted
 1918  by the State Fire Marshal. The Legislature intends that local
 1919  government give proper public notice and hold public hearings
 1920  before adopting more stringent firesafety codes and standards. A
 1921  substantially affected person may appeal, to the department, the
 1922  local government’s resolution of the challenge, and the
 1923  department shall determine if the amendment complies with this
 1924  section. Actions of the department are subject to judicial
 1925  review pursuant to s. 120.68. The department shall consider
 1926  reports of the Florida Building Commission, pursuant to part IV
 1927  of chapter 553, when evaluating building code enforcement.
 1928         (4)(5) The new building or structure provisions enumerated
 1929  within the Florida Fire Prevention Code firesafety code adopted
 1930  pursuant to this section shall apply only to buildings or
 1931  structures for which the building permit is issued on or after
 1932  the effective date of the current edition of the Florida Fire
 1933  Prevention Code this act. Subject to the provisions of
 1934  subsection (5) (6), the existing building or structure
 1935  provisions enumerated within the firesafety code adopted
 1936  pursuant to this section shall apply to buildings or structures
 1937  for which the building permit was issued or the building or
 1938  structure was constructed before prior to the effective date of
 1939  this act.
 1940         (5)(6) With regard to existing buildings, the Legislature
 1941  recognizes that it is not always practical to apply any or all
 1942  of the provisions of the Florida Fire Prevention Code minimum
 1943  firesafety code and that physical limitations may require
 1944  disproportionate effort or expense with little increase in fire
 1945  or life safety lifesafety. Prior to applying the minimum
 1946  firesafety code to an existing building, the local fire official
 1947  shall determine that a threat to lifesafety or property exists.
 1948  If a threat to lifesafety or property exists, the fire official
 1949  shall apply the applicable firesafety code for existing
 1950  buildings to the extent practical to assure a reasonable degree
 1951  of lifesafety and safety of property or the fire official shall
 1952  fashion a reasonable alternative which affords an equivalent
 1953  degree of lifesafety and safety of property. The decision of the
 1954  local fire official may be appealed to the local administrative
 1955  board described in s. 553.73.
 1956         (6)(7) Nothing herein shall preclude a municipality,
 1957  county, or special district from requiring a structure to be
 1958  maintained in accordance with the Florida Fire Prevention Code
 1959  applicable firesafety code.
 1960         (7)(8) Electrically operated single station smoke detectors
 1961  required for residential buildings are not required to be
 1962  interconnected within individual living units in all buildings
 1963  having direct access to the outside from each living unit and
 1964  having three stories or less. This subsection does not apply to
 1965  any residential building required to have a manual or an
 1966  automatic fire alarm system.
 1967         (8)(9) The provisions of the Life Safety Code, as contained
 1968  in the Florida Fire Prevention Code, do shall not apply to newly
 1969  constructed one-family and two-family dwellings. However, fire
 1970  sprinkler protection may be permitted by local government in
 1971  lieu of other fire protection-related development requirements
 1972  for such structures. While local governments may adopt fire
 1973  sprinkler requirements for one- and two-family dwellings under
 1974  this subsection, it is the intent of the Legislature that the
 1975  economic consequences of the fire sprinkler mandate on home
 1976  owners be studied before the enactment of such a requirement.
 1977  After the effective date of this act, any local government that
 1978  desires to adopt a fire sprinkler requirement on one- or two
 1979  family dwellings must prepare an economic cost and benefit
 1980  report that analyzes the application of fire sprinklers to one-
 1981  or two-family dwellings or any proposed residential subdivision.
 1982  The report must consider the tradeoffs and specific cost savings
 1983  and benefits of fire sprinklers for future owners of property.
 1984  The report must include an assessment of the cost savings from
 1985  any reduced or eliminated impact fees if applicable, the
 1986  reduction in special fire district tax, insurance fees, and
 1987  other taxes or fees imposed, and the waiver of certain
 1988  infrastructure requirements including the reduction of roadway
 1989  widths, the reduction of water line sizes, increased fire
 1990  hydrant spacing, increased dead-end roadway length and a
 1991  reduction in cul-de-sac sizes relative to the costs from fire
 1992  sprinkling. A failure to prepare an economic report shall result
 1993  in the invalidation of the fire sprinkler requirement to any
 1994  one- or two-family dwelling or any proposed subdivision. In
 1995  addition, a local jurisdiction or utility may not charge any
 1996  additional fee, above what is charged to a non-fire sprinklered
 1997  dwelling, on the basis that a one- or two-family dwelling unit
 1998  is protected by a fire sprinkler system.
 1999         (9)(10) Before imposing a fire sprinkler requirement on any
 2000  one- or two-family dwelling, a local government must provide the
 2001  owner of any one- or two-family dwelling a letter documenting
 2002  specific infrastructure or other tax or fee allowances and
 2003  waivers that are listed in but not limited to those described in
 2004  subsection (8) (9) for the dwelling. The documentation must show
 2005  that the cost savings reasonably approximate the cost of the
 2006  purchase and installation of a fire protection system.
 2007         (10)(11) Notwithstanding the provisions of subsection (8)
 2008  (9), a property owner may shall not be required to install fire
 2009  sprinklers in any residential property based upon the use of
 2010  such property as a rental property or any change in or
 2011  reclassification of the property’s primary use to a rental
 2012  property.
 2013         Section 25. Section 633.026, Florida Statutes, is
 2014  transferred, renumbered as section 633.212, Florida Statutes,
 2015  and amended to read:
 2016         633.212 633.026 Legislative intent; informal
 2017  interpretations of the Florida Fire Prevention Code.—It is the
 2018  intent of the Legislature that the Florida Fire Prevention Code
 2019  be interpreted by fire officials and local enforcement agencies
 2020  in a manner that reasonably and cost-effectively protects the
 2021  public safety, health, and welfare; ensures uniform
 2022  interpretations throughout this state; and provides just and
 2023  expeditious processes for resolving disputes regarding such
 2024  interpretations. It is the further intent of the Legislature
 2025  that such processes provide for the expeditious resolution of
 2026  the issues presented and that the resulting interpretation of
 2027  such issues be published on the website of the division of State
 2028  Fire Marshal.
 2029         (1) The division of State Fire Marshal shall by rule
 2030  establish an informal process of rendering nonbinding
 2031  interpretations of the Florida Fire Prevention Code. The
 2032  division of State Fire Marshal may contract with and refer
 2033  interpretive issues to a third party, selected based upon cost
 2034  effectiveness, quality of services to be performed, and other
 2035  performance-based criteria, which has experience in interpreting
 2036  and enforcing the Florida Fire Prevention Code. It is the intent
 2037  of the Legislature that the division of State Fire Marshal
 2038  establish a Fire Code Interpretation Committee composed of seven
 2039  persons and seven alternates, equally representing each area of
 2040  the state, to which a party can pose questions regarding the
 2041  interpretation of the Florida Fire Prevention Code provisions.
 2042  The alternate member may respond to a nonbinding interpretation
 2043  if the member notifies the Fire Code Interpretation Committee
 2044  that he or she is unable to respond.
 2045         (2) Each member and alternate member of the Fire Code
 2046  Interpretation Committee must be certified as a firesafety
 2047  inspector pursuant to s. 633.216(2) 633.081(2) and must have a
 2048  minimum of 5 years of experience interpreting and enforcing the
 2049  Florida Fire Prevention Code and the Life Safety Code. Each
 2050  member and alternate member must be approved by the division of
 2051  State Fire Marshal and deemed by the division to have met these
 2052  requirements for at least 30 days before participating in a
 2053  review of a nonbinding interpretation.
 2054         (3) Each nonbinding interpretation of code provisions must
 2055  be provided within 15 10 business days after receipt of a
 2056  request for interpretation. The response period established in
 2057  this subsection may be waived only with the written consent of
 2058  the party requesting the nonbinding interpretation and the
 2059  division of State Fire Marshal. Nonbinding interpretations shall
 2060  be advisory only and nonbinding on the parties or the State Fire
 2061  Marshal.
 2062         (4) In order to administer this section, the division of
 2063  State Fire Marshal shall charge a fee for nonbinding
 2064  interpretations. The fee may not exceed $150 for each request
 2065  for a review or interpretation. The division may authorize
 2066  payment of fees directly to the nonprofit organization under
 2067  contract pursuant to subsection (1).
 2068         (5) A party requesting a nonbinding interpretation who
 2069  disagrees with the interpretation issued under this section may
 2070  apply for a declaratory statement formal interpretation from the
 2071  State Fire Marshal pursuant to s. 633.104(6) 633.01(6).
 2072         (6) The division of State Fire Marshal shall issue or cause
 2073  to be issued a nonbinding interpretation of the Florida Fire
 2074  Prevention Code pursuant to this section when requested to do so
 2075  upon submission of a petition by a fire official or by the owner
 2076  or owner’s representative or the contractor or contractor’s
 2077  representative of a project in dispute. The division shall adopt
 2078  a petition form by rule, and the petition form must be published
 2079  on the State Fire Marshal’s website. The form must shall, at a
 2080  minimum, require:
 2081         (a) The name and address of the local fire official,
 2082  including the address of the county, municipality, or special
 2083  district.
 2084         (b) The name and address of the owner or owner’s
 2085  representative or the contractor or contractor’s representative.
 2086         (c) A statement of the specific sections of the Florida
 2087  Fire Prevention Code being interpreted by the local fire
 2088  official.
 2089         (d) An explanation of how the petitioner’s substantial
 2090  interests are being affected by the local interpretation of the
 2091  Florida Fire Prevention Code.
 2092         (e) A statement of the interpretation of the specific
 2093  sections of the Florida Fire Prevention Code by the local fire
 2094  official.
 2095         (f) A statement of the interpretation that the petitioner
 2096  contends should be given to the specific sections of the Florida
 2097  Fire Prevention Code and a statement supporting the petitioner’s
 2098  interpretation.
 2099         (g) A single question that is capable of being answered
 2100  with a “yes” or “no” response.
 2101         (7) Upon receipt of a petition that meets the requirements
 2102  of subsection (6), the division of State Fire Marshal shall
 2103  immediately provide copies of the petition to the Fire Code
 2104  Interpretation Committee, and shall publish the petition and any
 2105  response submitted by the local fire official on the State Fire
 2106  Marshal’s website.
 2107         (8) The committee shall conduct proceedings as necessary to
 2108  resolve the issues and give due regard to the petition, the
 2109  facts of the matter at issue, specific code sections cited, and
 2110  any statutory implications affecting the Florida Fire Prevention
 2111  Code. The committee shall issue an interpretation regarding the
 2112  provisions of the Florida Fire Prevention Code within 15 10 days
 2113  after the filing of a petition. The committee shall issue an
 2114  interpretation based upon the Florida Fire Prevention Code or,
 2115  if the code is ambiguous, the intent of the code. The
 2116  committee’s interpretation shall be provided to the petitioner
 2117  and shall include a notice that if the petitioner disagrees with
 2118  the interpretation, the petitioner may file a request for a
 2119  declaratory statement formal interpretation by the State Fire
 2120  Marshal under s. 633.104(6) 633.01(6). The committee’s
 2121  interpretation shall be provided to the State Fire Marshal, and
 2122  the division shall publish the declaratory statement
 2123  interpretation on the State Fire Marshal’s website and in the
 2124  Florida Administrative Register Weekly.
 2125         Section 26. Section 633.052, Florida Statutes, is
 2126  transferred and renumbered as section 633.214, Florida Statutes,
 2127  and paragraphs (a) and (b) of subsection (1), paragraph (d) of
 2128  subsection (2), and subsections (3) and (4) of that section are
 2129  amended, to read:
 2130         633.214 633.052 Ordinances relating to firesafety;
 2131  definitions; penalties.—
 2132         (1) As used in this section:
 2133         (a) A “firesafety inspector” is an individual certified by
 2134  the division of State Fire Marshal, officially assigned the
 2135  duties of conducting firesafety inspections of buildings and
 2136  facilities on a recurring or regular basis, investigating civil
 2137  infractions relating to firesafety, and issuing citations
 2138  pursuant to this section on behalf of the state or any county,
 2139  municipality, or special district with firesafety
 2140  responsibilities.
 2141         (b) “Citation” means a written notice, issued only after a
 2142  written warning has been previously issued and a minimum time
 2143  period of 45 days, except for major structural changes, which
 2144  may be corrected within an extended adequate period of time,
 2145  from the date of the issuance of the warning whereby the party
 2146  warned may correct the alleged violation, issued to a person by
 2147  a firesafety inspector, that the firesafety inspector has
 2148  probable cause to believe that the person has committed a civil
 2149  infraction in violation of a duly enacted ordinance and that the
 2150  county court will hear the charge. The citation must shall
 2151  contain:
 2152         1. The date and time of issuance.
 2153         2. The name and address of the person.
 2154         3. The date and time the civil infraction was committed.
 2155         4. The facts constituting probable cause.
 2156         5. The Florida Fire Prevention Code ordinance violated.
 2157         6. The name and authority of the firesafety inspector
 2158  officer.
 2159         7. The procedure for the person to follow in order to pay
 2160  the civil penalty or to contest the citation.
 2161         8. The applicable civil penalty if the person elects to
 2162  contest the citation.
 2163         9. The applicable civil penalty if the person elects not to
 2164  contest the citation.
 2165         10. A conspicuous statement that if the person fails to pay
 2166  the civil penalty within the time allowed or fails to appear in
 2167  court to contest the citation, then she or he shall be deemed to
 2168  have waived her or his right to contest the citation and that,
 2169  in such case, judgment may be entered against the person for an
 2170  amount up to the maximum civil penalty.
 2171         (2) A county or municipality that has created a code
 2172  enforcement board or special magistrate system pursuant to
 2173  chapter 162 may enforce firesafety code violations as provided
 2174  in chapter 162. The governing body of a county or municipality
 2175  which has not created a code enforcement board or special
 2176  magistrate system for firesafety under chapter 162 may is
 2177  authorized to enact ordinances relating to firesafety codes,
 2178  which ordinances shall provide:
 2179         (d) For the issuance of a citation by an officer who has
 2180  probable cause to believe that a person has committed a
 2181  violation of an ordinance relating to firesafety or the Florida
 2182  Fire Prevention Code.
 2183         (3) A person Any person who willfully refuses to sign and
 2184  accept a citation issued by a firesafety inspector commits shall
 2185  be guilty of a misdemeanor of the second degree, punishable as
 2186  provided in s. 775.082 or s. 775.083.
 2187         (4) Nothing contained in This section does not shall
 2188  prevent any county, or municipality, or special district from
 2189  enacting any ordinance relating to firesafety codes which is
 2190  identical to the provisions of this chapter or any state law,
 2191  except as to penalty; however, a no county, or municipal, or
 2192  special district ordinance relating to firesafety codes may not
 2193  shall conflict with the provisions of this chapter or any other
 2194  state law.
 2195         Section 27. Section 633.081, Florida Statutes, is
 2196  transferred, renumbered as section 633.216, Florida Statutes,
 2197  and amended to read:
 2198         633.216 633.081 Inspection of buildings and equipment;
 2199  orders; firesafety inspection training requirements;
 2200  certification; disciplinary action.—The State Fire Marshal and
 2201  her or his agents or persons authorized to enforce laws and
 2202  rules of the State Fire Marshal shall, at any reasonable hour,
 2203  when the State Fire Marshal has reasonable cause to believe that
 2204  a violation of this chapter or s. 509.215, or a rule adopted
 2205  promulgated thereunder, or a minimum firesafety code adopted by
 2206  the State Fire Marshal or a local authority, may exist, inspect
 2207  any and all buildings and structures which are subject to the
 2208  requirements of this chapter or s. 509.215 and rules adopted
 2209  promulgated thereunder. The authority to inspect shall extend to
 2210  all equipment, vehicles, and chemicals which are located on or
 2211  within the premises of any such building or structure.
 2212         (1) Each county, municipality, and special district that
 2213  has firesafety enforcement responsibilities shall employ or
 2214  contract with a firesafety inspector. Except as provided in s.
 2215  633.312(2) and (3) 633.082(2), the firesafety inspector must
 2216  conduct all firesafety inspections that are required by law. The
 2217  governing body of a county, municipality, or special district
 2218  that has firesafety enforcement responsibilities may provide a
 2219  schedule of fees to pay only the costs of inspections conducted
 2220  pursuant to this subsection and related administrative expenses.
 2221  Two or more counties, municipalities, or special districts that
 2222  have firesafety enforcement responsibilities may jointly employ
 2223  or contract with a firesafety inspector.
 2224         (2) Except as provided in s. 633.312(2) 633.082(2), every
 2225  firesafety inspection conducted pursuant to state or local
 2226  firesafety requirements shall be by a person certified as having
 2227  met the inspection training requirements set by the State Fire
 2228  Marshal. Such person shall meet the requirements of s.
 2229  633.412(1)(a)-(d), and:
 2230         (a) Be a high school graduate or the equivalent as
 2231  determined by the department;
 2232         (b) Not have been found guilty of, or having pleaded guilty
 2233  or nolo contendere to, a felony or a crime punishable by
 2234  imprisonment of 1 year or more under the law of the United
 2235  States, or of any state thereof, which involves moral turpitude,
 2236  without regard to whether a judgment of conviction has been
 2237  entered by the court having jurisdiction of such cases;
 2238         (c) Have her or his fingerprints on file with the
 2239  department or with an agency designated by the department;
 2240         (d) Have good moral character as determined by the
 2241  department;
 2242         (e) Be at least 18 years of age;
 2243         (f) Have satisfactorily completed the firesafety inspector
 2244  certification examination as prescribed by division rule the
 2245  department; and
 2246         (b)(g)1. Have satisfactorily completed, as determined by
 2247  division rule the department, a firesafety inspector training
 2248  program of at least not less than 200 hours established by the
 2249  department and administered by education or training providers
 2250  agencies and institutions approved by the department for the
 2251  purpose of providing basic certification training for firesafety
 2252  inspectors; or
 2253         2. Have received in another state training in another state
 2254  which is determined by the division department to be at least
 2255  equivalent to that required by the department for approved
 2256  firesafety inspector education and training programs in this
 2257  state.
 2258         (3)(a)1. Effective July 1, 2013, the classification of
 2259  special state firesafety inspector is abolished, and all special
 2260  state firesafety inspector certifications shall expire at
 2261  midnight June 30, 2013.
 2262         2. Any person who is a special state firesafety inspector
 2263  on June 30, 2013, and who has failed to comply with paragraph
 2264  (b) or paragraph (c) may not perform any firesafety inspection
 2265  required by law.
 2266         3. A special state firesafety inspector certificate may not
 2267  be issued after June 30, 2011.
 2268         (b)1. Any person who is a special state firesafety
 2269  inspector on July 1, 2011, and who has at least 5 years of
 2270  experience as a special state firesafety inspector as of July 1,
 2271  2011, may take the firesafety inspection examination as provided
 2272  in paragraph (2)(a) (2)(f) for firesafety inspectors before July
 2273  1, 2013, to be certified as a firesafety inspector under this
 2274  section.
 2275         2. Upon passing the examination, the person shall be
 2276  certified as a firesafety inspector as provided in this section.
 2277         3. A person who fails to become certified must comply with
 2278  paragraph (c) to be certified as a firesafety inspector under
 2279  this section.
 2280         (c)1. To be certified as a firesafety inspector under this
 2281  section, a any person who:
 2282         a. Is a special state firesafety inspector on July 1, 2011,
 2283  and who does not have 5 years of experience as a special state
 2284  firesafety inspector as of July 1, 2011; or
 2285         b. Has 5 years of experience as a special state firesafety
 2286  inspector but has failed the examination taken as provided in
 2287  paragraph (2)(a) (2)(f),
 2288  
 2289  must take an additional 80 hours of the courses described in
 2290  paragraph (2)(b) (2)(g).
 2291         2. After successfully completing the courses described in
 2292  this paragraph, such person may take the firesafety inspection
 2293  examination as provided in paragraph (2)(a) (2)(f), if such
 2294  examination is taken before July 1, 2013.
 2295         3. Upon passing the examination, the person shall be
 2296  certified as a firesafety inspector as provided in this section.
 2297         4. A person who fails the course of study or the
 2298  examination described in this paragraph may not perform any
 2299  firesafety inspection required by law on or after July 1, 2013.
 2300         (4) A firefighter certified pursuant to s. 633.408 633.35
 2301  may conduct firesafety inspections, under the supervision of a
 2302  certified firesafety inspector, while on duty as a member of a
 2303  fire department company conducting inservice firesafety
 2304  inspections without being certified as a firesafety inspector,
 2305  if such firefighter has satisfactorily completed an inservice
 2306  fire department company inspector training program of at least
 2307  24 hours’ duration as provided by rule of the department.
 2308         (5) Every firesafety inspector certificate is valid for a
 2309  period of 4 3 years from the date of issuance. Renewal of
 2310  certification is subject to the affected person’s completing
 2311  proper application for renewal and meeting all of the
 2312  requirements for renewal as established under this chapter or by
 2313  rule adopted under this chapter, which must shall include
 2314  completion of at least 54 40 hours during the preceding 4-year
 2315  3-year period of continuing education as required by the rule of
 2316  the department or, in lieu thereof, successful passage of an
 2317  examination as established by the department.
 2318         (6) A previously certified firesafety inspector whose
 2319  certification has lapsed for 8 years or more must repeat the
 2320  fire safety inspector training as specified by the division.
 2321         (7)(6) The State Fire Marshal may deny, refuse to renew,
 2322  suspend, or revoke the certificate of a firesafety inspector if
 2323  the State Fire Marshal finds that any of the following grounds
 2324  exist:
 2325         (a) Any cause for which issuance of a certificate could
 2326  have been refused had it then existed and been known to the
 2327  division State Fire Marshal.
 2328         (b) Violation of this chapter or any rule or order of the
 2329  State Fire Marshal.
 2330         (c) Falsification of records relating to the certificate.
 2331         (d) Having been found guilty of or having pleaded guilty or
 2332  nolo contendere to a felony, whether or not a judgment of
 2333  conviction has been entered.
 2334         (d)(e) Failure to meet any of the renewal requirements.
 2335         (f) Having been convicted of a crime in any jurisdiction
 2336  which directly relates to the practice of fire code inspection,
 2337  plan review, or administration.
 2338         (e)(g) Making or filing a report or record that the
 2339  certificateholder knows to be false, or knowingly inducing
 2340  another to file a false report or record, or knowingly failing
 2341  to file a report or record required by state or local law, or
 2342  knowingly impeding or obstructing such filing, or knowingly
 2343  inducing another person to impede or obstruct such filing.
 2344         (f)(h) Failing to properly enforce applicable fire codes or
 2345  permit requirements within this state which the
 2346  certificateholder knows are applicable by committing willful
 2347  misconduct, gross negligence, gross misconduct, repeated
 2348  negligence, or negligence resulting in a significant danger to
 2349  life or property.
 2350         (g)(i) Accepting labor, services, or materials at no charge
 2351  or at a noncompetitive rate from a any person who performs work
 2352  that is under the enforcement authority of the certificateholder
 2353  and who is not an immediate family member of the
 2354  certificateholder. For the purpose of this paragraph, the term
 2355  “immediate family member” means a spouse, child, parent,
 2356  sibling, grandparent, aunt, uncle, or first cousin of the person
 2357  or the person’s spouse or a any person who resides in the
 2358  primary residence of the certificateholder.
 2359         (8)(7) The division of State Fire Marshal and the Florida
 2360  Building Code Administrators and Inspectors Board, established
 2361  pursuant to s. 468.605, shall enter into a reciprocity agreement
 2362  to facilitate joint recognition of continuing education
 2363  recertification hours for certificateholders licensed under s.
 2364  468.609 and firesafety inspectors certified under subsection
 2365  (2).
 2366         (9)(8) The State Fire Marshal shall develop by rule an
 2367  advanced training and certification program for firesafety
 2368  inspectors having fire code management responsibilities. The
 2369  program must be consistent with the appropriate provisions of
 2370  NFPA 1037, or similar standards adopted by the division, and
 2371  establish minimum training, education, and experience levels for
 2372  firesafety inspectors having fire code management
 2373  responsibilities.
 2374         (10)(9) The department shall provide by rule for the
 2375  certification of firesafety inspectors and Fire Code
 2376  Administrators.
 2377         Section 28. Section 633.085, Florida Statutes, is
 2378  transferred and renumbered as section 633.218, Florida Statutes,
 2379  paragraph (a) of subsection (1) and subsections (2) through (5)
 2380  of that section are amended, and paragraphs (e) and (f) are
 2381  added to subsection (1) of that section, to read:
 2382         633.218 633.085 Inspections of state buildings and
 2383  premises; tests of firesafety equipment; building plans to be
 2384  approved.—
 2385         (1)(a) It is the duty of the State Fire Marshal and her or
 2386  his agents to inspect, or cause to be inspected, each state
 2387  owned building on a recurring basis established by rule, and to
 2388  ensure that high-hazard occupancies are inspected at least
 2389  annually, for the purpose of ascertaining and causing to be
 2390  corrected any conditions liable to cause fire or endanger life
 2391  from fire and any violation of the firesafety standards for
 2392  state-owned buildings, the provisions of this chapter, or the
 2393  rules or regulations adopted and promulgated pursuant hereto.
 2394  The State Fire Marshal shall, within 7 days following an
 2395  inspection, submit a report of such inspection to the head of
 2396  the department of state agency government responsible for the
 2397  building.
 2398         (e) For purposes of this section:
 2399         1.a. The term “high-hazard occupancy” means any building or
 2400  structure:
 2401         (I) That contains combustible or explosive matter or
 2402  flammable conditions dangerous to the safety of life or
 2403  property;
 2404         (II) At which persons receive educational instruction;
 2405         (III) At which persons reside, excluding private dwellings;
 2406  or
 2407         (IV) Containing three or more floor levels.
 2408         b. As used in this subparagraph, the phrase “building or
 2409  structure”:
 2410         (I) Includes, but is not limited to, all hospitals and
 2411  residential health care facilities, nursing homes and other
 2412  adult care facilities, correctional or detention facilities,
 2413  public schools, public lodging establishments, migrant labor
 2414  camps, residential child care facilities, and self-service
 2415  gasoline stations.
 2416         (II) Does not include any residential condominium where the
 2417  declaration of condominium or the bylaws provide that the rental
 2418  of units shall not be permitted for less than 90 days.
 2419         2. The term “state-owned building” includes private
 2420  correctional facilities as defined under s. 944.710(3).
 2421         (f) A state-owned building or state-leased building or
 2422  space shall be identified through use of the United States
 2423  National Grid Coordinate System.
 2424         (2) The State Fire Marshal and her or his agents may shall
 2425  conduct performance tests on any electronic fire warning and
 2426  smoke detection system, and any pressurized air-handling unit,
 2427  in any state-owned building or state-leased building or space on
 2428  a recurring basis as provided in subsection (1). The State Fire
 2429  Marshal and her or his agents shall also ensure that fire drills
 2430  are conducted in all high-hazard state-owned buildings or high
 2431  hazard state-leased high-hazard occupancies at least annually.
 2432         (3) All construction of any new state-owned building or
 2433  state-leased building or space, or any renovation, alteration,
 2434  or change of occupancy of any existing, state-owned building or
 2435  state-leased building or space must shall comply with the
 2436  uniform firesafety standards of the State Fire Marshal.
 2437         (a) For all new construction or renovation, alteration, or
 2438  change of occupancy of state-leased space, compliance with the
 2439  uniform firesafety standards shall be determined by reviewing
 2440  the plans for the proposed construction or occupancy submitted
 2441  by the lessor to the division of State Fire Marshal for review
 2442  and approval before prior to commencement of construction or
 2443  occupancy, which review shall be completed within 10 working
 2444  days after receipt of the plans by the division of State Fire
 2445  Marshal.
 2446         (b) The plans for all construction of any new, or
 2447  renovation or alteration of any existing, state-owned building
 2448  are subject to the review and approval of the division of State
 2449  Fire Marshal for compliance with the uniform firesafety
 2450  standards before prior to commencement of construction or change
 2451  of occupancy, which review shall be completed within 30 calendar
 2452  days of receipt of the plans by the division of State Fire
 2453  Marshal.
 2454         (4) The division of State Fire Marshal may inspect state
 2455  owned buildings and space and state-leased buildings and space
 2456  as necessary before prior to occupancy or during construction,
 2457  renovation, or alteration to ascertain compliance with the
 2458  uniform firesafety standards. Whenever the division of State
 2459  Fire Marshal determines by virtue of such inspection or by
 2460  review of plans that construction, renovation, or alteration of
 2461  state-owned buildings and state-leased buildings or space is not
 2462  in compliance with the uniform firesafety standards, the
 2463  division of State Fire Marshal shall issue an order to cease
 2464  construction, renovation, or alteration, or to preclude
 2465  occupancy, of a building until compliance is obtained, except
 2466  for those activities required to achieve such compliance.
 2467         (5) The division of State Fire Marshal shall by rule
 2468  provide a schedule of fees to pay for the costs of the
 2469  inspections, whether recurring or high hazard, any firesafety
 2470  review or plans for proposed construction, renovations, or
 2471  occupancy, and related administrative expenses.
 2472         Section 29. Section 633.027, Florida Statutes, is
 2473  transferred and renumbered as section 633.222, Florida Statutes,
 2474  and subsection (3) of that section is amended, to read:
 2475         633.222 633.027 Buildings with light-frame truss-type
 2476  construction; notice requirements; enforcement.—
 2477         (3) The State Fire Marshal, and local fire officials in
 2478  accordance with s. 633.118 633.121, shall enforce the provisions
 2479  of this section. An Any owner who fails to comply with the
 2480  requirements of this section is subject to penalties as provided
 2481  in s. 633.228 633.161.
 2482         Section 30. Section 633.60, Florida Statutes, is
 2483  transferred and renumbered as section 633.224, Florida Statutes,
 2484  and subsection (1) of that section is amended, to read:
 2485         633.224 633.60 Automatic fire sprinkler systems for one
 2486  family dwellings, two-family dwellings, and mobile homes.—
 2487         (1) It is unlawful for a any person to engage in the
 2488  business or act in the capacity of a contractor of automatic
 2489  fire sprinkler systems for one-family dwellings, two-family
 2490  dwellings, and mobile homes without having been duly certified
 2491  and holding a current certificate as a Contractor I, Contractor
 2492  II, or Contractor IV as defined in s. 633.102 633.021.
 2493         Section 31. Section 633.557, Florida Statutes, is
 2494  transferred and renumbered as section 633.226, Florida Statutes.
 2495         Section 32. Section 633.161, Florida Statutes, is
 2496  transferred and renumbered as section 633.228, Florida Statutes,
 2497  and paragraphs (a) and (b) of subsection (1), paragraph (a) of
 2498  subsection (2), and subsection (3) of that section are amended,
 2499  to read:
 2500         633.228 633.161 Violations; orders to cease and desist,
 2501  correct hazardous conditions, preclude occupancy, or vacate;
 2502  enforcement; penalties.—
 2503         (1) If it is determined by the department that a violation
 2504  specified in this subsection exists, the State Fire Marshal or
 2505  her or his deputy may issue and deliver to the person committing
 2506  the violation an order to cease and desist from such violation,
 2507  to correct any hazardous condition, to preclude occupancy of the
 2508  affected building or structure, or to vacate the premises of the
 2509  affected building or structure. Such violations are:
 2510         (a) Except as set forth in paragraph (b), a violation of
 2511  any provision of this chapter, of any rule adopted pursuant
 2512  thereto, of any applicable uniform firesafety standard adopted
 2513  pursuant to s. 633.206 633.022 which is not adequately addressed
 2514  by any alternative requirements adopted on a local level, or of
 2515  any minimum firesafety standard adopted pursuant to s. 394.879.
 2516         (b) A substantial violation of an applicable minimum
 2517  firesafety standard adopted pursuant to s. 633.208 633.025 which
 2518  is not reasonably addressed by any alternative requirement
 2519  imposed at the local level, or an unreasonable interpretation of
 2520  an applicable minimum firesafety standard, and which violation
 2521  or interpretation clearly constitutes a danger to lifesafety.
 2522         (2)(a) If, during the conduct of a firesafety inspection
 2523  authorized by ss. 633.216 and 633.218 633.081 and 633.085, it is
 2524  determined that a violation described in this section exists
 2525  which poses an immediate danger to the public health, safety, or
 2526  welfare, the State Fire Marshal may issue an order to vacate the
 2527  building in question, which order shall be immediately effective
 2528  and shall be an immediate final order under s. 120.569(2)(n).
 2529  With respect to a facility under the jurisdiction of a district
 2530  school board or community college board of trustees, the order
 2531  to vacate shall be issued jointly by the district superintendent
 2532  or college president and the State Fire Marshal.
 2533         (3) A Any person who violates or fails to comply with any
 2534  order under subsection (1) or subsection (2) commits is guilty
 2535  of a misdemeanor, punishable as provided in s. 633.124 633.171.
 2536         Section 33. The Division of Law Revision and Information is
 2537  directed to create part III of chapter 633, Florida Statutes,
 2538  consisting of sections 633.302, 633.304, 633.306, 633.308,
 2539  633.312, 633.314, 633.316, 633.318, 633.322, 633.324, 633.326,
 2540  633.328, 633.332, 633.334, 633.336, 633.338, 633.342, 633.344,
 2541  633.346, 633.348, and 633.3482, Florida Statutes, to be entitled
 2542  “Fire Protection and Suppression.”
 2543         Section 34. Section 633.511, Florida Statutes, is
 2544  transferred, renumbered as section 633.302, Florida Statutes,
 2545  and amended to read:
 2546         633.302 633.511 Florida Fire Safety Board; membership;
 2547  duties; meetings; officers; quorum; compensation; seal.—
 2548         (1) The Florida Fire Safety Board is created consisting of
 2549  seven members who are citizens and residents of this state. One
 2550  shall be the State Fire Marshal, or her or his designee
 2551  designated appointee who shall be an administrative employee of
 2552  the marshal; one shall be an administrative officer from a
 2553  building department representing an incorporated municipality or
 2554  a county; one shall be an administrative officer from a fire
 2555  department representing an incorporated municipality or a
 2556  county; two shall be contractors licensed pursuant to s. 633.318
 2557  633.521; and two shall be persons who hold valid licenses under
 2558  s. 633.304 633.061.
 2559         (2)(a) To be eligible for appointment, each contractor must
 2560  shall personally hold a current certificate of competency and a
 2561  current license issued by the division State Fire Marshal,
 2562  together with an unexpired occupational license to operate as a
 2563  contractor issued by an incorporated municipality or a county;
 2564  be actively engaged in such business and have been so engaged
 2565  for a period of not less than 5 consecutive years before the
 2566  date of her or his appointment; and be a citizen and resident of
 2567  the state.
 2568         (b) To be eligible for appointment, each fire equipment
 2569  dealer must shall personally hold a current Class A, B, or C and
 2570  Class D fire equipment dealer license issued by the division
 2571  State Fire Marshal, together with an unexpired occupational
 2572  license to operate as a fire equipment dealer issued by an
 2573  incorporated municipality or a county; must shall be actively
 2574  engaged in such business and have been so engaged for a period
 2575  of not less than 5 consecutive years before the date of
 2576  appointment; and must shall be a citizen and resident of this
 2577  state.
 2578         (3) The State Fire Marshal’s term on the board, or that of
 2579  her or his designee designated administrative employee, shall
 2580  coincide with the State Fire Marshal’s term of office. Of the
 2581  other six members of the board, one member shall be appointed
 2582  for a term of 1 year, one member for a term of 2 years, two
 2583  members for terms of 3 years, and two members for terms of 4
 2584  years. All terms expire on June 30 of the last year of the term.
 2585  When Effective July 1, 1997, as the term of a each member
 2586  expires, the State Fire Marshal shall appoint a member to fill
 2587  the vacancy for a term of 4 years. The State Fire Marshal may
 2588  remove any appointed member for cause. A vacancy in the
 2589  membership of the board for any cause shall be filled by
 2590  appointment by the State Fire Marshal for the balance of the
 2591  unexpired term.
 2592         (4) The board shall act in an advisory capacity to the
 2593  State Fire Marshal and shall meet regularly as the need presents
 2594  itself. The board shall have the authority to review complaints
 2595  and disputed administrative action and make recommendations for
 2596  disciplinary action to the division at the request of the
 2597  licenseholder, permitholder, or certificateholder. The board
 2598  will serve in an advisory capacity to the division regarding
 2599  rules, codes, standards, interpretations, and training. As soon
 2600  as practicable after July 1, 2013, the board shall meet to elect
 2601  officers from its membership, whose terms shall expire on June
 2602  30 and annually thereafter. A majority of the board shall
 2603  constitute a quorum. A member of the advisory board may not be
 2604  paid a salary as such member, but shall be reimbursed for
 2605  necessary expenses while attending advisory board meetings,
 2606  including travel in the performance of her or his duties, as
 2607  provided in s. 112.061.
 2608         (5) The board shall adopt a seal for its use containing the
 2609  words “Florida Fire Safety Board.”
 2610         Section 35. Section 633.061, Florida Statutes, is
 2611  transferred and renumbered as section 633.304, Florida Statutes,
 2612  and subsections (1) through (4) and subsection (9) of that
 2613  section are amended, to read:
 2614         633.304 633.061 Fire suppression equipment; license to
 2615  install or maintain.—
 2616         (1) It is unlawful for any organization or individual to
 2617  engage in the business of servicing, repairing, recharging,
 2618  testing, marking, inspecting, installing, or hydrotesting any
 2619  fire extinguisher or preengineered system in this state except
 2620  in conformity with the provisions of this chapter. Each
 2621  organization or individual that engages in such activity must
 2622  possess a valid and subsisting license issued by the division
 2623  State Fire Marshal. All fire extinguishers and preengineered
 2624  systems required by statute or by rule must be serviced by an
 2625  organization or individual licensed under the provisions of this
 2626  chapter. A licensee who receives appropriate training shall not
 2627  be prohibited by a manufacturer from servicing any particular
 2628  brand of fire extinguisher or preengineered system. The licensee
 2629  is legally qualified to act for the business organization in all
 2630  matters connected with its business, and the licensee must
 2631  supervise all activities undertaken by such business
 2632  organization. Each licensee shall maintain a specific business
 2633  location. A further requirement, in the case of multiple
 2634  locations where such servicing or recharging is taking place, is
 2635  that each licensee who maintains more than one place of business
 2636  where actual work is carried on must possess an additional
 2637  license, as set forth in this section, for each location, except
 2638  that a licensed individual may not qualify for more than five
 2639  locations. A licensee is limited to a specific type of work
 2640  performed depending upon the class of license held. Licenses and
 2641  license fees are required for the following:
 2642         (a) Class A: 	$250
 2643  To service, recharge, repair, install, or inspect all types of
 2644  fire extinguishers and to conduct hydrostatic tests on all types
 2645  of fire extinguishers.
 2646         (b) Class B: 	$150
 2647  To service, recharge, repair, install, or inspect all types of
 2648  fire extinguishers, including recharging carbon dioxide units
 2649  and conducting hydrostatic tests on all types of fire
 2650  extinguishers, except carbon dioxide units.
 2651         (c) Class C: 	$150
 2652  To service, recharge, repair, install, or inspect all types of
 2653  fire extinguishers, except recharging carbon dioxide units, and
 2654  to conduct hydrostatic tests on all types of fire extinguishers,
 2655  except carbon dioxide units.
 2656         (d) Class D: 	$200
 2657  To service, repair, recharge, hydrotest, install, or inspect all
 2658  types of preengineered fire extinguishing systems.
 2659         (e) Licenses issued as duplicates or to reflect a change of
 2660  address	$10
 2661  
 2662  Any fire equipment dealer licensed pursuant to this subsection
 2663  who does not want to engage in the business of servicing,
 2664  inspecting, recharging, repairing, hydrotesting, or installing
 2665  halon equipment must file an affidavit on a form provided by the
 2666  division so stating. Licenses will be issued by the division to
 2667  show reflect the work authorized thereunder. It is unlawful,
 2668  unlicensed activity for a any person or firm to falsely hold
 2669  himself or herself or a business organization out to perform any
 2670  service, inspection, recharge, repair, hydrotest, or
 2671  installation except as specifically described in the license. A
 2672  fire equipment dealer licensed pursuant to this subsection who
 2673  wishes to withdraw a previously filed halon equipment exemption
 2674  affidavit and engage in the business of servicing, inspecting,
 2675  recharging, repairing, hydrotesting, or installing halon
 2676  equipment must submit a written statement requesting the
 2677  withdrawal to the division. The dealer must also submit to an
 2678  inspection by the State Fire Marshal or her or his designee in
 2679  order to determine that the dealer possesses the equipment
 2680  required to service, inspect, recharge, repair, hydrotest, or
 2681  install halon equipment.
 2682         (2) A person who holds a valid fire equipment dealer
 2683  license may maintain such license in an inactive status during
 2684  which time he or she may not engage in any work under the
 2685  definition of the license held. An inactive status license shall
 2686  be void after 4 2 years or when at the time that the license is
 2687  renewed, whichever comes first. The biennial renewal fee for an
 2688  inactive status license shall be $75. An inactive status license
 2689  may not be reactivated unless the continuing education
 2690  requirements of this chapter have been fulfilled.
 2691         (3) Each individual actually performing the work of
 2692  servicing, recharging, repairing, hydrotesting, installing,
 2693  testing, or inspecting fire extinguishers or preengineered
 2694  systems must possess a valid and subsisting permit issued by the
 2695  division State Fire Marshal. Permittees are limited as to
 2696  specific type of work performed to allow work no more extensive
 2697  than the class of license held by the licensee under whom the
 2698  permittee is working. Permits will be issued by the division and
 2699  the fees required are as follows:
 2700         (a) Portable permit:	$90 “Portable permittee” means a
 2701  person who is limited to performing work no more extensive than
 2702  the employing licensee in the servicing, recharging, repairing,
 2703  installing, or inspecting all types of portable fire
 2704  extinguishers.
 2705         (b) Preengineered permit:	$120 “Preengineered
 2706  permittee” means a person who is limited to the servicing,
 2707  recharging, repairing, installing, or inspecting of all types of
 2708  preengineered fire extinguishing systems.
 2709         (c) Permits issued as duplicates or to reflect a change of
 2710  address	$10
 2711  
 2712  Any fire equipment permittee licensed pursuant to this
 2713  subsection who does not want to engage in servicing, inspecting,
 2714  recharging, repairing, hydrotesting, or installing halon
 2715  equipment must file an affidavit on a form provided by the
 2716  division so stating. Permits will be issued by the division to
 2717  show reflect the work authorized thereunder. It is unlawful,
 2718  unlicensed activity for a any person or firm to falsely hold
 2719  himself or herself out to perform any service, inspection,
 2720  recharge, repair, hydrotest, or installation except as
 2721  specifically described in the permit.
 2722         (4)(a) Such licenses and permits shall be issued by the
 2723  division State Fire Marshal for 2 years beginning January 1,
 2724  2000, and each 2-year period thereafter and expiring December 31
 2725  of the second year. All licenses or permits issued will expire
 2726  on December 31 of each odd-numbered year. The failure to renew a
 2727  license or permit by December 31 of the second year will cause
 2728  the license or permit to become inoperative. The holder of an
 2729  inoperative license or permit may shall not engage in any
 2730  activities for which a license or permit is required by this
 2731  section. A license or permit which is inoperative because of the
 2732  failure to renew it shall be restored upon payment of the
 2733  applicable fee plus a penalty equal to the applicable fee, if
 2734  the application for renewal is filed no later than the following
 2735  March 31. If the application for restoration is not made before
 2736  the March 31st deadline, the fee for restoration shall be equal
 2737  to the original application fee and the penalty provided for
 2738  herein, and, in addition, the State Fire Marshal shall require
 2739  reexamination of the applicant. The fee for a license or permit
 2740  issued for 1 year or less shall be prorated at 50 percent of the
 2741  applicable fee for a biennial license or permit.
 2742         (b) After initial licensure, each licensee or permittee
 2743  must successfully complete a course or courses of continuing
 2744  education for fire equipment technicians of at least 16 hours. A
 2745  license or permit may not be renewed unless the licensee or
 2746  permittee produces documentation of the completion of at least
 2747  16 hours of continuing education for fire equipment technicians
 2748  during the biennial licensure period. A person who is both a
 2749  licensee and a permittee shall be required to complete 16 hours
 2750  of continuing education during each renewal period. Each
 2751  licensee shall ensure that all permittees in his or her
 2752  employment meet their continuing education requirements. The
 2753  State Fire Marshal shall adopt rules describing the continuing
 2754  education requirements and shall have the authority upon
 2755  reasonable belief, to audit a fire equipment dealer to determine
 2756  compliance with continuing education requirements.
 2757         (c)(b) The forms of such licenses and permits and
 2758  applications therefor shall be prescribed by the State Fire
 2759  Marshal; in addition to such other information and data as that
 2760  officer determines is appropriate and required for such forms,
 2761  there shall be included in such forms the following matters.
 2762  Each such application must shall be in such form as to provide
 2763  that the data and other information set forth therein shall be
 2764  sworn to by the applicant or, if a corporation, by an officer
 2765  thereof. An application for a permit must shall include the name
 2766  of the licensee employing such permittee, and the permit issued
 2767  in pursuance of such application must shall also set forth the
 2768  name of such licensee. A permit is valid solely for use by the
 2769  holder thereof in his or her employment by the licensee named in
 2770  the permit.
 2771         (d)(c) A license of any class may shall not be issued or
 2772  renewed by the division State Fire Marshal and a license of any
 2773  class does shall not remain operative unless:
 2774         1. The applicant has submitted to the State Fire Marshal
 2775  evidence of registration as a Florida corporation or evidence of
 2776  compliance with s. 865.09.
 2777         2. The State Fire Marshal or his or her designee has by
 2778  inspection determined that the applicant possesses the equipment
 2779  required for the class of license sought. The State Fire Marshal
 2780  shall give an applicant a reasonable opportunity to correct any
 2781  deficiencies discovered by inspection. To obtain such
 2782  inspection, an applicant with facilities located outside this
 2783  state must:
 2784         a. Provide a notarized statement from a professional
 2785  engineer licensed by the applicant’s state of domicile
 2786  certifying that the applicant possesses the equipment required
 2787  for the class of license sought and that all such equipment is
 2788  operable; or
 2789         b. Allow the State Fire Marshal or her or his designee to
 2790  inspect the facility. All costs associated with the State Fire
 2791  Marshal’s inspection shall be paid by the applicant. The State
 2792  Fire Marshal, in accordance with s. 120.54, may adopt rules to
 2793  establish standards for the calculation and establishment of the
 2794  amount of costs associated with any inspection conducted by the
 2795  State Fire Marshal under this section. Such rules shall include
 2796  procedures for invoicing and receiving funds in advance of the
 2797  inspection A fee of $50, payable to the State Fire Marshal,
 2798  shall be required for any subsequent reinspection.
 2799         3. The applicant has submitted to the State Fire Marshal
 2800  proof of insurance providing coverage for comprehensive general
 2801  liability for bodily injury and property damage, products
 2802  liability, completed operations, and contractual liability. The
 2803  State Fire Marshal shall adopt rules providing for the amounts
 2804  of such coverage, but such amounts shall not be less than
 2805  $300,000 for Class A or Class D licenses, $200,000 for Class B
 2806  licenses, and $100,000 for Class C licenses; and the total
 2807  coverage for any class of license held in conjunction with a
 2808  Class D license may shall not be less than $300,000. The State
 2809  Fire Marshal may, at any time after the issuance of a license or
 2810  its renewal, require upon demand, and in no event more than 30
 2811  days after notice of such demand, the licensee to provide proof
 2812  of insurance, on a form provided by the State Fire Marshal,
 2813  containing confirmation of insurance coverage as required by
 2814  this chapter. Failure, for any length of time, to provide proof
 2815  of insurance coverage as required shall result in the immediate
 2816  suspension of the license until proof of proper insurance is
 2817  provided to the State Fire Marshal. An insurer which provides
 2818  such coverage shall notify the State Fire Marshal of any change
 2819  in coverage or of any termination, cancellation, or nonrenewal
 2820  of any coverage.
 2821         4. The applicant applies to the State Fire Marshal,
 2822  provides proof of experience, and successfully completes a
 2823  prescribed training course offered by the State Fire College or
 2824  an equivalent course approved by the State Fire Marshal. This
 2825  subparagraph does not apply to any holder of or applicant for a
 2826  permit under paragraph (g) (f) or to a business organization or
 2827  a governmental entity seeking initial licensure or renewal of an
 2828  existing license solely for the purpose of inspecting,
 2829  servicing, repairing, marking, recharging, and maintaining fire
 2830  extinguishers used and located on the premises of and owned by
 2831  such organization or entity.
 2832         5. The applicant has a current retestor identification
 2833  number that is appropriate for the license for which the
 2834  applicant is applying and that is listed with the United States
 2835  Department of Transportation.
 2836         6. The applicant has passed, with a grade of at least 70
 2837  percent, a written examination testing his or her knowledge of
 2838  the rules and statutes governing regulating the activities
 2839  authorized by the license and demonstrating his or her knowledge
 2840  and ability to perform those tasks in a competent, lawful, and
 2841  safe manner. Such examination shall be developed and
 2842  administered by the State Fire Marshal, or his or her designee
 2843  in accordance with policies and procedures of the State Fire
 2844  Marshal. An applicant shall pay a nonrefundable examination fee
 2845  of $50 for each examination or reexamination scheduled. A No
 2846  reexamination may not shall be scheduled sooner than 30 days
 2847  after any administration of an examination to an applicant. An
 2848  No applicant may not shall be permitted to take an examination
 2849  for any level of license more than a total of four times during
 2850  1 year, regardless of the number of applications submitted. As a
 2851  prerequisite to licensure of the applicant, he or she:
 2852         a. Must be at least 18 years of age.
 2853         b. Must have 4 years of proven experience as a fire
 2854  equipment permittee at a level equal to or greater than the
 2855  level of license applied for or have a combination of education
 2856  and experience determined to be equivalent thereto by the State
 2857  Fire Marshal. Having held a permit at the appropriate level for
 2858  the required period constitutes the required experience.
 2859         c. Must not have been convicted of a felony or a crime
 2860  punishable by imprisonment of 1 year or more under the law of
 2861  the United States or of any state thereof or under the law of
 2862  any other country, or pled nolo contendere to, any felony.
 2863  “Convicted” means a finding of guilt or the acceptance of a plea
 2864  of guilty or nolo contendere in any federal or state court or a
 2865  court in any other country, without regard to whether a judgment
 2866  of conviction has been entered by the court having jurisdiction
 2867  of the case. If an applicant has been convicted of any such
 2868  felony, the applicant shall be excluded from licensure for a
 2869  period of 4 years after expiration of sentence or final release
 2870  by the Parole Commission unless the applicant, before the
 2871  expiration of the 4-year period, has received a full pardon or
 2872  has had her or his civil rights restored must comply with s.
 2873  112.011(1)(b).
 2874  
 2875  This subparagraph does not apply to any holder of or applicant
 2876  for a permit under paragraph (g) (f) or to a business
 2877  organization or a governmental entity seeking initial licensure
 2878  or renewal of an existing license solely for the purpose of
 2879  inspecting, servicing, repairing, marking, recharging,
 2880  hydrotesting, and maintaining fire extinguishers used and
 2881  located on the premises of and owned by such organization or
 2882  entity.
 2883         (d) An applicant who fails the examination may take it
 2884  three more times during the 1-year period after he or she
 2885  originally filed an application for the examination. If the
 2886  applicant fails the examination within 1 year after the
 2887  application date and seeks to retake the examination, he or she
 2888  must file a new application, pay the application and examination
 2889  fees, and successfully complete a prescribed training course
 2890  approved by the State Fire College or an equivalent course
 2891  approved by the State Fire Marshal. An applicant may not submit
 2892  a new application within 6 months after the date of his or her
 2893  last reexamination.
 2894         (e) A fire equipment dealer licensed under this section may
 2895  apply to convert upgrade the license currently held to a higher
 2896  licensing category, if the licensed dealer:
 2897         1. Submits an application for the license on a form in
 2898  conformance with paragraph (c) (b). The application must be
 2899  accompanied by a fee as prescribed in s. 633.132 subsection (1)
 2900  for the type of license requested.
 2901         2. Provides evidence of 2 years’ experience as a licensed
 2902  dealer and meets such relevant educational requirements as are
 2903  established by rule by the State Fire Marshal for purposes of
 2904  upgrading a license.
 2905         3. Meets the requirements of paragraph (d) (c).
 2906         (f) A fire equipment dealer licensed under this section may
 2907  apply to convert the license currently held to a lower licensing
 2908  category, if the licensed dealer:
 2909         1. Submits an application for the license on a form in
 2910  conformance with paragraph (c). The application must be
 2911  accompanied by a fee as prescribed in s. 633.132 for the type of
 2912  license requested.
 2913         2. Submits proof of insurance providing coverage meeting
 2914  the requirements prescribed in subparagraph (d)3.
 2915         3. Submits to an inspection of the facility to ensure all
 2916  equipment associated with the higher class of license has been
 2917  removed and submits the required reinspection fee.
 2918         (g)A No permit of any class may not shall be issued or
 2919  renewed to a person by the division State Fire Marshal, and a no
 2920  permit of any class does not shall remain operative, unless the
 2921  person has:
 2922         1. Submitted a nonrefundable examination fee in the amount
 2923  of $50.;
 2924         2. Successfully completed a training course offered by the
 2925  State Fire College or an equivalent course approved by the State
 2926  Fire Marshal.; and
 2927         3. Passed, with a grade of at least 70 percent, a written
 2928  examination testing his or her knowledge of the rules and
 2929  statutes governing regulating the activities authorized by the
 2930  permit and demonstrating his or her knowledge and ability to
 2931  perform those tasks in a competent, lawful, and safe manner.
 2932  Such examination must shall be developed and administered by the
 2933  State Fire Marshal in accordance with the policies and
 2934  procedures of the State Fire Marshal. An examination fee must
 2935  shall be paid for each examination scheduled. A No reexamination
 2936  may not shall be scheduled sooner than 30 days after any
 2937  administration of an examination to an applicant. An No
 2938  applicant may not shall be permitted to take an examination for
 2939  any level of permit more than four times during 1 year,
 2940  regardless of the number of applications submitted. As a
 2941  prerequisite to taking the permit examination, the applicant
 2942  must be at least 16 years of age.
 2943         (h)(g) An applicant for a license or permit under this
 2944  section who fails the examination may take it three more times
 2945  during the 1-year period after he or she originally filed an
 2946  application for the examination. If the applicant fails the
 2947  examination within 1 year after the application date and he or
 2948  she seeks to retake the examination, he or she must file a new
 2949  application, pay the application and examination fees, and
 2950  successfully complete a prescribed training course offered by
 2951  the State Fire College or an equivalent course approved by the
 2952  State Fire Marshal. The applicant may not submit a new
 2953  application within 6 months after the date of his or her fourth
 2954  last reexamination. An applicant who passes the examination but
 2955  does not meet the remaining qualifications prescribed by law and
 2956  rule within 1 year after the application date must file a new
 2957  application, pay the application and examination fee,
 2958  successfully complete a prescribed training course approved by
 2959  the State Fire College or an equivalent course approved by the
 2960  State Fire Marshal, and pass the written examination.
 2961         (9) The provisions of This section does chapter do not
 2962  apply to inspections by fire chiefs, fire inspectors, fire
 2963  marshals, or insurance company inspectors.
 2964         Section 36. Section 633.065, Florida Statutes, is
 2965  transferred and renumbered as section 633.306, Florida Statutes,
 2966  and paragraph (a) of subsection (1) of that section is amended,
 2967  to read:
 2968         633.306 633.065 Requirements for installation, inspection,
 2969  and maintenance of fire suppression equipment.—
 2970         (1) The requirements for installation of fire extinguishers
 2971  and preengineered systems are as follows:
 2972         (a) Fire equipment dealers shall be licensed under s.
 2973  633.304 633.061.
 2974         Section 37. Section 633.071, Florida Statutes, is
 2975  transferred and renumbered as section 633.308, Florida Statutes,
 2976  and subsection (2) of that section is amended, to read:
 2977         633.308 633.071 Standard service tag required on all fire
 2978  extinguishers and preengineered systems; serial number required
 2979  on all portable fire extinguishers; standard inspection tags
 2980  required on all fire protection systems.—
 2981         (2) All portable fire extinguishers required by statute or
 2982  by rule must shall be listed by Underwriters Laboratories, Inc.,
 2983  or approved by Factory Mutual Laboratories, Inc., or listed by a
 2984  nationally recognized testing laboratory in accordance with
 2985  procedures adopted pursuant to s. 633.314(2) 633.083(2), and
 2986  carry an Underwriters Laboratories, Inc., or manufacturer’s
 2987  serial number. These listings, approvals, and serial numbers may
 2988  be stamped on the manufacturer’s identification and instructions
 2989  plate or on a separate Underwriters Laboratories, Inc., or
 2990  Factory Mutual Laboratories, Inc., plate soldered or attached to
 2991  the extinguisher shell in some permanent manner.
 2992         Section 38. Section 633.082, Florida Statutes, is
 2993  transferred and renumbered as section 633.312, Florida Statutes,
 2994  and subsections (2) and (3) of that section are amended, to
 2995  read:
 2996         633.312 633.082 Inspection of fire control systems, fire
 2997  hydrants, and fire protection systems.—
 2998         (2) Fire hydrants and fire protection systems installed in
 2999  public and private properties, except one-family or two-family
 3000  dwellings, shall be inspected following procedures established
 3001  in the nationally recognized inspection, testing, and
 3002  maintenance standards publications NFPA-24 and NFPA-25 as set
 3003  forth in the edition adopted by the State Fire Marshal.
 3004  Quarterly, annual, 3-year, and 5-year inspections consistent
 3005  with the contractual provisions with the owner shall be
 3006  conducted by the certificateholder or permittees employed by the
 3007  certificateholder pursuant to s. 633.318 633.521, except that:
 3008         (a) Public fire hydrants owned by a governmental entity
 3009  shall be inspected following procedures established in the
 3010  inspection, testing, and maintenance standards adopted by the
 3011  State Fire Marshal or equivalent standards such as those
 3012  contained in the latest edition of the American Water Works
 3013  Association’s Manual M17, “Installation, Field Testing, and
 3014  Maintenance of Fire Hydrants.”
 3015         (b) County, municipal, and special district utilities may
 3016  perform fire hydrant inspections required by this section using
 3017  designated employees. Such designated employees need not be
 3018  certified under this chapter. However, counties, municipalities,
 3019  or special districts that use designated employees are
 3020  responsible for ensuring that the designated employees are
 3021  qualified to perform such inspections.
 3022         (3) The inspecting contractor shall provide to the building
 3023  owner or hydrant owner and the local authority having
 3024  jurisdiction a copy of the applicable inspection report
 3025  established under this chapter. The maintenance of fire hydrant
 3026  and fire protection systems as well as corrective actions on
 3027  deficient systems is the responsibility of the owner of the
 3028  system or hydrant. Equipment requiring periodic testing or
 3029  operation to ensure its maintenance shall be tested or operated
 3030  as specified in the Fire Prevention Code, Life Safety Code,
 3031  National Fire Protection Association standards, or as directed
 3032  by the appropriate authority agency having jurisdiction,
 3033  provided that such appropriate authority may agency shall not
 3034  require a sprinkler system not required by the Fire Prevention
 3035  Code, Life Safety Code, or National Fire Protection Association
 3036  standards to be removed regardless of its condition. This
 3037  section does not prohibit governmental entities from inspecting
 3038  and enforcing firesafety codes.
 3039         Section 39. Section 633.083, Florida Statutes, is
 3040  transferred and renumbered as section 633.314, Florida Statutes,
 3041  and subsection (3) of that section is amended, to read:
 3042         633.314 633.083 Sale or use of certain types of fire
 3043  extinguishers prohibited; penalty.—
 3044         (3) A person who violates any of the provisions of this
 3045  section commits is guilty of a misdemeanor of the second degree,
 3046  punishable as provided in s. 775.082 or s. 775.083.
 3047         Section 40. Section 633.162, Florida Statutes, is
 3048  transferred and renumbered as section 633.316, Florida Statutes,
 3049  and subsection (1) and paragraph (e) of subsection (4) of that
 3050  section are amended, to read:
 3051         633.316 633.162 Fire suppression system contractors;
 3052  disciplinary action.—
 3053         (1) The violation of any provision of this chapter or any
 3054  rule adopted and adopted promulgated pursuant hereto or the
 3055  failure or refusal to comply with any notice or order to correct
 3056  a violation or any cease and desist order by a any person who
 3057  possesses a license or permit issued pursuant to s. 633.304
 3058  633.061 is cause for denial, nonrenewal, revocation, or
 3059  suspension of such license or permit by the State Fire Marshal
 3060  after such officer has determined that the person committed is
 3061  guilty of such violation. An order of suspension must shall
 3062  state the period of time of such suspension, which period may
 3063  not be in excess of 2 years from the date of such order. An
 3064  order of revocation may be entered for a period not exceeding 5
 3065  years. Such orders shall effect suspension or revocation of all
 3066  licenses or permits issued by the division to then held by the
 3067  person, and during such period a of time no license or permit
 3068  may not shall be issued by the division to such person. During
 3069  the suspension or revocation of any license or permit, the
 3070  former licensee or permittee may shall not engage in or attempt
 3071  or profess to engage in any transaction or business for which a
 3072  license or permit is required under this chapter or directly or
 3073  indirectly own, control, or be employed in any manner by any
 3074  firm, business, or corporation for which a license or permit
 3075  under this chapter is required. If, during the period between
 3076  the beginning of proceedings and the entry of an order of
 3077  suspension or revocation by the State Fire Marshal, a new
 3078  license or permit has been issued by the division to the person
 3079  so charged, the order of suspension or revocation shall operate
 3080  to suspend or revoke such new license or permit held by such
 3081  person.
 3082         (4) In addition to the grounds set forth in subsection (1),
 3083  it is cause for denial, nonrenewal, revocation, or suspension of
 3084  a license or permit by the State Fire Marshal if she or he
 3085  determines that the licensee or permittee has:
 3086         (e) Failed to provide proof of insurance to the State Fire
 3087  Marshal or failed to maintain in force the insurance coverage
 3088  required by s. 633.304 633.061.
 3089         Section 41. Section 633.521, Florida Statutes, is
 3090  transferred and renumbered as section 633.318, Florida Statutes,
 3091  and subsection (1), paragraph (a) of subsection (2), paragraphs
 3092  (c) and (g) of subsection (3), and subsections (4), (8), and
 3093  (11) of that section are amended, to read:
 3094         633.318 633.521 Certificate application and issuance;
 3095  permit issuance; examination and investigation of applicant.—
 3096         (1) To obtain a fire protection system contractor’s
 3097  certificate, an applicant shall submit to the division State
 3098  Fire Marshal an application in writing, on a form provided by
 3099  the division State Fire Marshal containing the information
 3100  prescribed, which shall be accompanied by the fee fixed herein,
 3101  containing a statement that the applicant desires the issuance
 3102  of a certificate and stating the class of certificate requested.
 3103         (2)(a) Examinations shall be administered by the division
 3104  State Fire Marshal and held at times and places within the state
 3105  as the division State Fire Marshal determines, but there shall
 3106  be at least two examinations a year. Each applicant shall take
 3107  and pass an objective, written examination of her or his fitness
 3108  for a certificate in the class for which the application is
 3109  requested. There shall be a type of examination for each class
 3110  of certificate for contractors as of the classes of certificates
 3111  defined in s. 633.102 633.021(5). The examination must shall
 3112  test the applicant’s ability to lay out, fabricate, install,
 3113  alter, repair, and inspect fire protection systems and their
 3114  appurtenances and must shall test the applicant’s fitness in
 3115  business and financial management. The test must shall be based
 3116  on applicable standards of the National Fire Protection
 3117  Association and on relevant Florida and federal laws pertaining
 3118  to the construction industry, safety standards, administrative
 3119  procedures, and pertinent technical data.
 3120         (3)
 3121         (c) Required education and experience for certification as
 3122  a Contractor I, Contractor II, Contractor III, or Contractor IV
 3123  includes training and experience in both installation and system
 3124  layout as defined in s. 633.102 633.021.
 3125         (g) Within 30 days after the date of the examination, the
 3126  division State Fire Marshal shall inform the applicant in
 3127  writing whether she or he has qualified or not and, if the
 3128  applicant has qualified, that she or he is eligible ready to be
 3129  issued issue a certificate of competency, subject to compliance
 3130  with the requirements of subsection (4).
 3131         (4) As a prerequisite to issuance of a certificate, the
 3132  division must State Fire Marshal shall require the applicant to
 3133  submit satisfactory evidence that she or he has obtained
 3134  insurance providing coverage for comprehensive general liability
 3135  for bodily injury and property damages, products liability,
 3136  completed operations, and contractual liability. The division
 3137  State Fire Marshal may adopt rules providing for the amount of
 3138  insurance, but such amount shall not be less than $500,000 for a
 3139  Contractor I, Contractor II, Contractor III, or Contractor V and
 3140  shall not be less than $250,000 for a Contractor IV. An insurer
 3141  which provides such coverage shall notify within 30 days the
 3142  division within 30 days State Fire Marshal of any material
 3143  change in coverage or any termination, cancellation, or
 3144  nonrenewal of such coverage. An insurer which fails to so notify
 3145  the division State Fire Marshal’s office shall be subject to the
 3146  penalties provided under s. 624.4211.
 3147         (8) An individual employed by a Contractor I or Contractor
 3148  II certificateholder, as established in this section, who will
 3149  be inspecting water-based fire protection systems as required
 3150  under s. 633.312 633.082, must be issued a permit by the
 3151  division State Fire Marshal to conduct such work. The permit is
 3152  valid solely for use by the holder thereof in his or her
 3153  employment by the certificateholder named in the permit. A
 3154  permittee must have a valid and subsisting permit upon his or
 3155  her person at all times while engaging in inspecting fire
 3156  protection systems, and a permitholder must be able to produce
 3157  such a permit upon demand. In addition, a permittee shall, at
 3158  all times while performing inspections, carry an identification
 3159  card containing his or her photograph and other identifying
 3160  information as prescribed by the State Fire Marshal, and the
 3161  permittee must produce the identification card and information
 3162  upon demand. The permit and the identification may be one and
 3163  the same. A permittee is limited as to the specific type of work
 3164  performed, depending upon the class of certificate held by the
 3165  certificateholder under whom the permittee is working. The
 3166  permit class shall be known as a Water-Based Fire Protection
 3167  Inspector whose permit allows the holder to inspect water
 3168  sprinkler systems, water spray systems, foam-water sprinkler
 3169  systems, foam-water spray systems, standpipes, combination
 3170  standpipes and sprinkler systems, all piping that is an integral
 3171  part of the system beginning at the point where the piping is
 3172  used exclusively for fire protection, sprinkler tank heaters,
 3173  air lines, thermal systems used in connection with sprinklers,
 3174  and tanks and pumps connected thereto, excluding preengineered
 3175  systems.
 3176         (11) It is intended that a certificateholder, or a
 3177  permitholder who is employed by a certificateholder, conduct
 3178  inspections required by this chapter. It is understood that
 3179  after July 1, 2008, employee turnover may result in a depletion
 3180  of personnel who are certified under the NICET Sub-field of
 3181  Inspection and Testing of Fire Protection Systems Level II or
 3182  equivalent training and education as required by the division of
 3183  State Fire Marshal. A certificateholder may obtain a provisional
 3184  permit with an endorsement for inspection, testing, and
 3185  maintenance of water-based fire extinguishing systems for an
 3186  employee if the employee has initiated procedures for obtaining
 3187  Level II certification from the National Institute for
 3188  Certification in Engineering Technologies Sub-field of
 3189  Inspection and Testing of Fire Protection Systems and achieved
 3190  Level I certification or an equivalent level as determined by
 3191  the State Fire Marshal through verification of experience,
 3192  training, and examination. The division State Fire Marshal may
 3193  establish rules to administer this subsection. After 2 years of
 3194  provisional certification, the employee must have achieved NICET
 3195  Level II certification or obtain equivalent training and
 3196  education as determined by the division, or cease performing
 3197  inspections requiring Level II certification. The provisional
 3198  permit is valid only for the 2 calendar years after the date of
 3199  issuance, may not be extended, and is not renewable. After the
 3200  initial 2-year provisional permit expires, the certificateholder
 3201  must wait 2 additional years before a new provisional permit may
 3202  be issued. The intent is to prohibit the certificateholder from
 3203  using employees who never reach NICET Level II status, or
 3204  equivalent training and education as determined by the division,
 3205  by continuously obtaining provisional permits.
 3206         Section 42. Section 633.551, Florida Statutes, is
 3207  transferred and renumbered as section 633.322, Florida Statutes,
 3208  and subsections (1) through (3) of that section are amended, to
 3209  read:
 3210         633.322 633.551 County, and municipal, and special district
 3211  powers; effect of ch. 75-240.—
 3212         (1) Nothing in This chapter does not limit act limits the
 3213  power of a municipality, or county, or special district to
 3214  regulate the quality and character of work performed by
 3215  contractors through a system of permits, fees, and inspections
 3216  which are designed to secure compliance with, and aid in the
 3217  implementation of, state and local building laws or to enforce
 3218  other local laws for the protection of the public health and
 3219  safety.
 3220         (2) Nothing in This chapter does not limit act limits the
 3221  power of a municipality, or county, or special district to adopt
 3222  any system of permits requiring submission to and approval by
 3223  the municipality, or county, or special district of plans and
 3224  specifications for work to be performed by contractors before
 3225  commencement of the work, except that a no municipality, or
 3226  county, or special district may not shall require a fire
 3227  protection system contractor’s shop drawings to be sealed by a
 3228  professional engineer.
 3229         (3) An Any official authorized to issue building or other
 3230  related permits shall ascertain that the applicant contractor is
 3231  duly certified before issuing the permit. The evidence shall
 3232  consist only of the exhibition to him or her of current evidence
 3233  of current certification.
 3234         Section 43. Section 633.527, Florida Statutes, is
 3235  transferred and renumbered as section 633.324, Florida Statutes.
 3236         Section 44. Section 633.531, Florida Statutes, is
 3237  transferred and renumbered as section 633.326, Florida Statutes.
 3238         Section 45. Section 633.534, Florida Statutes, is
 3239  transferred and renumbered as section 633.328, Florida Statutes,
 3240  and subsection (4) of that section is amended, to read:
 3241         633.328 633.534 Issuance of certificate to individuals and
 3242  business organizations.—
 3243         (4) If When the certified business organization makes
 3244  application for an occupational license in any municipality or
 3245  county of this state, the application must shall be made with
 3246  the tax collector in the name of the business organization, and
 3247  the license, when issued, shall be issued to the business
 3248  organization upon payment of the appropriate licensing fee and
 3249  exhibition to the tax collector of a valid certificate issued by
 3250  the division State Fire Marshal.
 3251         Section 46. Section 633.537, Florida Statutes, is
 3252  transferred and renumbered as section 633.332, Florida Statutes,
 3253  and subsections (1) and (2) and paragraph (a) of subsection (3)
 3254  of that section are amended, to read:
 3255         633.332 633.537 Certificate; expiration; renewal; inactive
 3256  certificate; continuing education.—
 3257         (1) Certificates shall expire every 2 years at midnight on
 3258  June 30. Effective with the June 30, 1998, renewal, All
 3259  certificates must be renewed every 2 years. The failure to renew
 3260  a certificate before during June 30, shall cause the certificate
 3261  to become inoperative, and it is unlawful thereafter for a any
 3262  person to engage, offer to engage, or hold herself or himself
 3263  out as engaging in contracting under the certificate unless the
 3264  certificate is restored or reissued. A certificate which is
 3265  inoperative because of failure to renew shall be restored on
 3266  payment of the proper renewal fee if the application for
 3267  restoration is made within 90 days after June 30. If the
 3268  application for restoration is not made within the 90-day
 3269  period, the fee for restoration must shall be equal to the
 3270  original application fee, and, in addition, the State Fire
 3271  Marshal must shall require examination or reexamination of the
 3272  applicant.
 3273         (2) A person who holds a valid certificate may maintain
 3274  such certificate in an inactive status during which time she or
 3275  he may not engage in contracting. An inactive status certificate
 3276  shall be void after a 2-year period. The biennial renewal fee
 3277  for an inactive status certificate shall be $75. An inactive
 3278  status certificate may be reactivated upon application to the
 3279  State Fire Marshal and payment of the initial application fee.
 3280         (3)(a) A certificate for the Contractor I, II, and III
 3281  classifications as defined in this chapter may shall not be
 3282  renewed unless the certificateholder produces documentation of
 3283  at least 32 contact hours of continuing education in the fire
 3284  protection discipline during the biennial licensure period.
 3285  Holders of Contractor IV certificates are required to obtain 14
 3286  contact hours of continuing education encompassing the
 3287  appropriate National Fire Protection Association fire sprinkler
 3288  documents before prior to renewal. Holders of Contractor V
 3289  certificates are required to obtain 14 contact hours of
 3290  continuing education before prior to renewal, at least 1 hour of
 3291  which is in the fire protection discipline. Any continuing
 3292  education hours approved pursuant to chapter 489 by the
 3293  Construction Industry Licensing Board for underground utility
 3294  and excavation contractors shall be considered as also approved
 3295  to comply with Contractor V continuing education requirements. A
 3296  Contractor V certificateholder shall provide to the State Fire
 3297  Marshal evidence of approval of such coursework by the
 3298  Construction Industry Licensing Board.
 3299         Section 47. Section 633.539, Florida Statutes, is
 3300  transferred and renumbered as section 633.334, Florida Statutes,
 3301  and paragraph (a) of subsection (1) and subsections (2) and (4)
 3302  of that section are amended, to read:
 3303         633.334 633.539 Requirements for installation, inspection,
 3304  and maintenance of fire protection systems.—
 3305         (1) The requirements for installation of fire protection
 3306  systems are as follows:
 3307         (a) Contractors of fire protection systems shall be
 3308  certified under s. 633.318 633.521.
 3309         (2) Equipment shall be inspected, serviced, and maintained
 3310  in accordance with the manufacturer’s maintenance procedures and
 3311  with applicable National Fire Protection Association standards.
 3312  The inspection of fire protection systems shall be conducted by
 3313  a certificateholder or holder of a permit issued by the division
 3314  State Fire Marshal. The permitholder may perform inspections on
 3315  fire protection systems only while employed by the
 3316  certificateholder. This section does not prohibit the authority
 3317  having jurisdiction or insurance company representatives from
 3318  reviewing the system in accordance with acceptable oversight
 3319  standards.
 3320         (4) The Contractor V may install the cross-connection
 3321  backflow prevention device as defined in this chapter on new
 3322  installations following the engineer of record’s direction on
 3323  the type and size of the device. The retrofitting of a backflow
 3324  device on an existing fire protection system will cause a
 3325  reduction in available water pressure and probable system
 3326  malfunction. The development of aboveground fire protection
 3327  system hydraulic calculations is a task of the Contractor I and
 3328  II, as defined in this chapter. Accordingly, a Contractor V is
 3329  expressly prohibited from retrofitting cross-connection backflow
 3330  prevention devices on an existing fire protection system, and
 3331  only a Contractor I or Contractor II who is tasked to
 3332  recalculate the system and take corrective actions to ensure
 3333  that the system will function with the available water supply
 3334  may retroactively install these backflow devices on existing
 3335  fire protection systems.
 3336         Section 48. Section 633.541, Florida Statutes, is
 3337  transferred and renumbered as section 633.336, Florida Statutes,
 3338  and subsections (1), (3), and (4) of that section are amended,
 3339  to read:
 3340         633.336 633.541 Contracting without certificate prohibited;
 3341  violations; penalty.—
 3342         (1) It is unlawful for any organization or individual to
 3343  engage in the business of layout, fabrication, installation,
 3344  inspection, alteration, repair, or service of a fire protection
 3345  system, other than a preengineered system, act in the capacity
 3346  of a fire protection contractor, or advertise itself as being a
 3347  fire protection contractor without having been duly certified
 3348  and holding a valid and existing certificate, except as
 3349  hereinafter provided. The holder of a certificate used to
 3350  qualify an organization must be a full-time employee of the
 3351  qualified organization or business. A certificateholder who is
 3352  employed by more than one fire protection contractor during the
 3353  same period of time is deemed not to be a full-time employee of
 3354  either contractor. The State Fire Marshal shall revoke, for a
 3355  period of time determined by the State Fire Marshal, the
 3356  certificate of a certificateholder who allows the use of the
 3357  certificate to qualify a company of which the certificateholder
 3358  is not a full-time employee. A contractor who maintains more
 3359  than one place of business must employ a certificateholder at
 3360  each location. Nothing in This subsection does not prohibit
 3361  prohibits an employee acting on behalf of governmental entities
 3362  from inspecting and enforcing firesafety codes, provided such
 3363  employee is certified under s. 633.216 633.081.
 3364         (3) A Any person who violates any provision of this act or
 3365  commits any of the acts constituting cause for disciplinary
 3366  action as herein set forth commits is guilty of a misdemeanor of
 3367  the second degree, punishable as provided in s. 775.082 or s.
 3368  775.083.
 3369         (4) In addition to the penalties provided in subsection
 3370  (3), a fire protection contractor certified under this chapter
 3371  who violates any provision of this section or who commits any
 3372  act constituting cause for disciplinary action is subject to
 3373  suspension or revocation of the certificate and administrative
 3374  fines pursuant to s. 633.338 633.547.
 3375         Section 49. Section 633.547, Florida Statutes, is
 3376  transferred and renumbered as section 633.338, Florida Statutes,
 3377  and paragraphs (d) and (h) of subsection (2) and subsection (3)
 3378  of that section are amended, to read:
 3379         633.338 633.547 Disciplinary action; fire protection system
 3380  contractors; grounds for denial, nonrenewal, suspension, or
 3381  revocation of certificate or permit.—
 3382         (2) The following acts constitute cause for disciplinary
 3383  action:
 3384         (d) Disciplinary action by any municipality, or county, or
 3385  special district, which action shall be reviewed by the State
 3386  Fire Marshal before taking any disciplinary action.
 3387         (h) Failing to provide proof of insurance to the State Fire
 3388  Marshal or failing to maintain in force the insurance coverage
 3389  required by s. 633.318 633.521.
 3390         (3) The State Fire Marshal is authorized to take the
 3391  following disciplinary action:
 3392         (a) She or he may suspend the contractor’s certificate
 3393  certificateholder for a period of up to not to exceed 2 years.
 3394  During that period, the contractor must cease all operations as
 3395  a contractor, but the State Fire Marshal may authorize the
 3396  certificateholder from all operations as a contractor during the
 3397  period fixed by the State Fire Marshal, but she or he may permit
 3398  the certificateholder to complete any contracts then incomplete.
 3399         (b) She or he may revoke a certificate for a period not to
 3400  exceed 5 years.
 3401         Section 50. Section 633.549, Florida Statutes, is
 3402  transferred, renumbered as section 633.342, Florida Statutes,
 3403  and amended to read:
 3404         633.342 633.549 Violations subject to injunction.—A Any
 3405  person who operates as a contractor without a current
 3406  certificate or who violates any part of this chapter or any
 3407  rule, decision, order, direction, demand, or requirement of the
 3408  State Fire Marshal in relation thereto, or any part or provision
 3409  thereof, may be enjoined by the courts of the state from any
 3410  such violation or such unauthorized or unlawful contracting at
 3411  the request instance of the State Fire Marshal, the board, or
 3412  any resident citizen or taxpayer of the state.
 3413         Section 51. Section 633.554, Florida Statutes, is
 3414  transferred and renumbered as section 633.344, Florida Statutes.
 3415         Section 52. Section 633.70, Florida Statutes, is
 3416  transferred and renumbered as section 633.346, Florida Statutes,
 3417  and subsection (1) of that section is amended, to read:
 3418         633.346 633.70 Jurisdiction of State Fire Marshal over
 3419  alarm system contractors and certified unlimited electrical
 3420  contractors.—
 3421         (1) If When the State Fire Marshal, in the course of its
 3422  activities pursuant to s. 633.104(2) 633.01(2), determines that
 3423  an alarm system contractor or a certified unlimited electrical
 3424  contractor working with an alarm system has violated any
 3425  provision of this chapter or the rules of the State Fire
 3426  Marshal, the State Fire Marshal shall have jurisdiction,
 3427  notwithstanding any other provision of this chapter, to order
 3428  corrective action by the alarm system contractor or the
 3429  certified unlimited electrical contractor to bring the alarm
 3430  system into compliance with applicable standards set forth in
 3431  this chapter and the rules of the State Fire Marshal.
 3432         Section 53. Section 633.701, Florida Statutes, is
 3433  transferred and renumbered as section 633.348, Florida Statutes.
 3434         Section 54. Section 633.702, Florida Statutes, is
 3435  transferred and renumbered as section 633.3482, Florida
 3436  Statutes, and subsection (2) and paragraph (c) of subsection (3)
 3437  of that section are amended, to read:
 3438         633.3482 633.702 Prohibited acts regarding alarm system
 3439  contractors or certified unlimited electrical contractors;
 3440  penalties.—
 3441         (2) A Any person who violates this section commits is
 3442  guilty of a misdemeanor of the second degree, punishable as
 3443  provided in s. 775.082 or s. 775.083.
 3444         (3) It is a misdemeanor of the first degree, punishable as
 3445  provided in s. 775.082 or s. 775.083, for any fire alarm system
 3446  contractor or certified unlimited electrical contractor to
 3447  intentionally or willfully:
 3448         (c) Knowingly combine combining or conspire conspiring with
 3449  a any person by allowing one’s certificate to be used by an any
 3450  uncertified person with intent to evade the provisions of this
 3451  act. When a licensee allows his or her license to be used by one
 3452  or more companies without having any active participation in the
 3453  operation or management of the said companies, such act
 3454  constitutes prima facie evidence of any intent to evade the
 3455  provisions of this chapter act.
 3456         Section 55. The Division of Law Revision and Information is
 3457  directed to create part IV of chapter 633, Florida Statutes,
 3458  consisting of sections 633.402, 633.404, 633.406, 633.408,
 3459  633.412, 633.414, 633.416, 633.418, 633.422, 633.424, 633.426,
 3460  633.428, 633.432, 633.434, 633.436, 633.438, 633.442, 633.444,
 3461  and 633.446, Florida Statutes, to be entitled “Fire Standards
 3462  and Training.”
 3463         Section 56. Section 633.31, Florida Statutes, is
 3464  transferred and renumbered as section 633.402, Florida Statutes,
 3465  subsection (1) of that section is amended, and new subsections
 3466  (5) through (9) are added to that section, to read:
 3467         633.402 633.31 Firefighters Employment, Standards, and
 3468  Training Council; organization; meetings; quorum; compensation;
 3469  seal; special powers; firefighter training.—
 3470         (1) There is created within the department a Firefighters
 3471  Employment, Standards, and Training Council of 14 13 members.
 3472         (a) The members shall be appointed as follows:
 3473         1. Two members shall be fire chiefs appointed by the
 3474  Florida Fire Chiefs Association.,
 3475         2. Two members shall be firefighters, who are not officers,
 3476  appointed by the Florida Professional Firefighters Association.,
 3477         3. Two members shall be firefighter officers, who are not
 3478  fire chiefs, appointed by the State Fire Marshal.,
 3479         4. One individual member appointed by the Florida League of
 3480  Cities.,
 3481         5. One individual member appointed by the Florida
 3482  Association of Counties.,
 3483         6. One individual member appointed by the Florida
 3484  Association of Special Districts.,
 3485         7. One individual member appointed by the Florida Fire
 3486  Marshals’ and Inspectors’ Marshal’s Association., and
 3487         8. One employee of the Florida Forest Service of the
 3488  Department of Agriculture and Consumer Services appointed by the
 3489  director of the Florida Forest Service.
 3490         9. One individual member appointed by the State Fire
 3491  Marshal., and
 3492         10. One member shall be a director or instructor of a
 3493  state-certified firefighting training facility appointed by the
 3494  State Fire Marshal.
 3495         11. The remaining member, who shall be appointed by the
 3496  State Fire Marshal, may not be a member or representative of the
 3497  firefighting profession or of any local government.
 3498         (b) To be eligible for appointment as a member under
 3499  subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
 3500  subparagraph (a)8., or subparagraph (a)10. fire chief member,
 3501  firefighter officer member, firefighter member, or a director or
 3502  instructor of a state-certified firefighting facility, a person
 3503  must shall have had at least 4 years’ experience in the
 3504  firefighting profession. The remaining member, who shall be
 3505  appointed by the State Fire Marshal, shall not be a member or
 3506  representative of the firefighting profession or of any local
 3507  government. Members shall serve only as long as they continue to
 3508  meet the criteria under which they were appointed, or unless a
 3509  member has failed to appear at three consecutive and properly
 3510  noticed meetings unless excused by the chair.
 3511         (5) The council shall elect to 1-year terms a chair and a
 3512  vice chair. A person may not serve more than two consecutive
 3513  terms in either office.
 3514         (6) The council shall meet at the call of the chair, at the
 3515  request of a majority of its membership, at the request of the
 3516  department, or at such times as are prescribed by its rules, and
 3517  a majority of the council shall constitute a quorum.
 3518         (7) Members of the council shall serve without compensation
 3519  but shall be entitled to be reimbursed for per diem and travel
 3520  expenses as provided by s. 112.061.
 3521         (8) The council may adopt a seal for its use containing the
 3522  words “Firefighters Employment, Standards, and Training
 3523  Council.”
 3524         (9) The council shall have special powers in connection
 3525  with the employment and training of firefighters to:
 3526         (a) Recommend, for adoption by the division, uniform
 3527  minimum standards for the employment and training of
 3528  firefighters and training of volunteer firefighters.
 3529         (b) Recommend, for adoption by the division, minimum
 3530  curriculum requirements for schools operated by or for any fire
 3531  service provider for the specific purpose of training
 3532  firefighter trainees, firefighters, and volunteer firefighters.
 3533         (c) Recommend, for adoption by the division, on matters
 3534  relating to the funding, general operation, and administration
 3535  of the Bureau of Fire Standards and Training (Florida State Fire
 3536  College), including, but not limited to, all standards,
 3537  training, curriculum, and the issuance of any certificate of
 3538  competency required by this chapter.
 3539         (d) Make or support studies on any aspect of firefighting
 3540  employment, education, and training or recruitment.
 3541         (e) Make recommendations concerning any matter within its
 3542  purview pursuant to this section.
 3543         Section 57. Section 633.42, Florida Statutes, is
 3544  transferred, renumbered as section 633.404, Florida Statutes,
 3545  and amended to read:
 3546         633.404 633.42 Additional standards authorized.—Nothing
 3547  herein shall be construed to preclude a fire service provider an
 3548  employing agency from establishing qualifications and standards
 3549  for hiring, training, or promoting firefighters that exceed the
 3550  minimum set by the division department.
 3551         Section 58. Section 633.406, Florida Statutes, is created
 3552  to read:
 3553         633.406 Classes of certification.—
 3554         (1) The division may award one or more of the following
 3555  certificates:
 3556         (a) Firefighter Certificate of Compliance.—A Firefighter
 3557  Certificate of Compliance may be awarded to a person who meets
 3558  the requirements established in s. 633.408(4).
 3559         (b) Fire Safety Inspector Certificate of Compliance.—A Fire
 3560  Safety Inspector Certificate of Compliance may be awarded to a
 3561  person who meets the requirements established in s. 633.216(2).
 3562         (c) Special Certificate of Compliance.—A Special
 3563  Certificate of Compliance may be awarded to a person who
 3564  qualifies under s. 633.408(6).
 3565         (d) Forestry Certificate of Compliance.—A Forestry
 3566  Certificate of Compliance may be awarded to a person who has
 3567  satisfactorily complied with a training program and successfully
 3568  passed an examination as prescribed by rule, and who possesses
 3569  the qualifications established in s. 590.02(1)(e).
 3570         (e) Fire Service Instructor Certificate.—A Fire Service
 3571  Instructor Certificate may be awarded to a person who
 3572  demonstrates general or specialized knowledge, skills, and
 3573  abilities in firefighting service and meets the qualification
 3574  requirements prescribed by rule.
 3575         (f) Certificate of Competency.—A Certificate of Competency
 3576  may be awarded to a person who meets the experience, training,
 3577  advanced education, or examination requirements as prescribed by
 3578  rule, and is especially qualified for particular aspects of
 3579  firefighting service.
 3580         (g) Volunteer Firefighter Certificate of Completion.—A
 3581  Volunteer Firefighter Certificate of Completion may be awarded
 3582  to a person who has satisfactorily completed the training
 3583  requirements as prescribed by rule for a volunteer firefighter.
 3584         (2) The division may establish by rule certificates, in
 3585  addition to those provided in subsection (1), that the division
 3586  may award in recognition of special training or education
 3587  received by an individual, authorizing that individual to
 3588  perform specialized firefighting services or provide specialized
 3589  firefighting instruction, such as hazardous materials and urban
 3590  search and rescue.
 3591         Section 59. Section 633.35, Florida Statutes, is
 3592  transferred, renumbered as section 633.408, Florida Statutes,
 3593  and amended to read:
 3594         633.408 633.35 Firefighter and volunteer firefighter
 3595  training and certification.—
 3596         (1) The division shall establish by rule:
 3597         (a) A Minimum Standards Course and course examination to
 3598  provide the training required to obtain a Firefighter
 3599  Certificate of Compliance.
 3600         (b) Courses and course examinations to provide training
 3601  required to obtain a Volunteer Firefighter Certificate of
 3602  Completion or a Special Certificate of Compliance.
 3603         (c) Courses to provide continuing training for firefighters
 3604  and volunteer firefighters.
 3605         (2) Courses under subsection (1) may only be administered
 3606  by education or training providers approved by the division
 3607  pursuant to s. 633.128(1)(c) and taught by instructors certified
 3608  pursuant to s. 633.128(1)(d) a firefighter training program of
 3609  not less than 360 hours, administered by such agencies and
 3610  institutions as it approves for the purpose of providing basic
 3611  employment training for firefighters.
 3612         (3)(a) Nothing herein shall require a fire service provider
 3613  public employer to pay the cost of such training.
 3614         (b)A fire service provider may pay part or all of the
 3615  costs of tuition for attendance at approved courses.
 3616         (4)(2) The division shall issue a firefighter certificate
 3617  of compliance to an any individual who does all of the
 3618  following:
 3619         (a)person Satisfactorily completes complying with the
 3620  Minimum Standards Course or who has satisfactorily completed
 3621  training for firefighters in another state which has been
 3622  determined by the division to be at least the equivalent of the
 3623  training required for the Minimum Standards Course.
 3624         (b) Passes the Minimum Standards Course examination.
 3625  training program established in subsection (1), who has
 3626  successfully passed an examination as prescribed by the
 3627  division, and
 3628         (c)who Possesses the qualifications for employment in s.
 3629  633.412 633.34, except s. 633.34(5).
 3630         (5) The division shall issue a Volunteer Firefighter
 3631  Certificate of Completion to any individual who satisfactorily
 3632  completes the course established under paragraph (1)(b) No
 3633  person may be employed as a regular or permanent firefighter by
 3634  an employing agency, or by a private entity under contract with
 3635  the state or any political subdivision of the state, including
 3636  authorities and special districts, for a period of time in
 3637  excess of 1 year from the date of initial employment until he or
 3638  she has obtained such certificate of compliance. A person who
 3639  does not hold a certificate of compliance and is employed under
 3640  this section may not directly engage in hazardous operations,
 3641  such as interior structural firefighting and hazardous
 3642  materials-incident mitigation, requiring the knowledge and
 3643  skills taught in a training program established in subsection
 3644  (1). However, a person who has served as a volunteer firefighter
 3645  with the state or any political subdivision of the state,
 3646  including authorities and special districts, who is then
 3647  employed as a regular or permanent firefighter may function,
 3648  during this period, in the same capacity in which he or she
 3649  acted as a volunteer firefighter, provided that he or she has
 3650  completed all training required by the volunteer organization.
 3651         (3) The division may issue a certificate to any person who
 3652  has received basic employment training for firefighters in
 3653  another state when the division has determined that such
 3654  training was at least equivalent to that required by the
 3655  division for approved firefighter education and training
 3656  programs in this state and when such person has satisfactorily
 3657  complied with all other requirements of this section.
 3658         (6)(a) The division may also issue a Special Certificate of
 3659  Compliance to an individual a person who does all of the
 3660  following:
 3661         1. Satisfactorily completes the course established in
 3662  paragraph (1)(b) to obtain a Special Certificate of Compliance.
 3663         2. Passes the examination established in paragraph (1)(b)
 3664  to obtain a Special Certificate of Compliance.
 3665         3. Possesses the qualifications in s. 633.412 is otherwise
 3666  qualified under this section and who is employed as the
 3667  administrative and command head of a fire/rescue/emergency
 3668  services organization, based on the acknowledgment that such
 3669  person is less likely to need physical dexterity and more likely
 3670  to need advanced knowledge of firefighting and supervisory
 3671  skills.
 3672         (b) A Special The Certificate of Compliance is valid only
 3673  authorizes an individual to serve while the person is serving in
 3674  a position as an administrative and command head of a fire
 3675  service provider fire/rescue/emergency services organization.
 3676         (7)(4)An individual A person who fails an examination
 3677  given under this section may retake the examination once within
 3678  6 months after the original examination date. If the individual
 3679  An applicant who does not retake the examination or fails the
 3680  reexamination within such time, the individual must take the
 3681  Minimum Standards Course for a Firefighter Certificate of
 3682  Compliance or the course established under paragraph (1)(b) for
 3683  a Special Certificate of Compliance, pursuant to subsection (1),
 3684  before being reexamined. The division may grant an extension of
 3685  the 6-month period based upon documented medical necessity and
 3686  may establish reasonable preregistration deadlines for such
 3687  reexaminations.
 3688         (8)(5) Pursuant to s. 590.02(1)(e), the division shall
 3689  establish a structural fire training program of not less than
 3690  206 40 hours. The division shall issue to a any person
 3691  satisfactorily complying with this training program and who has
 3692  successfully passed an examination as prescribed by the division
 3693  and who has met the requirements of s. 590.02(1)(e), a Forestry
 3694  Certificate of Compliance Certificate of Forestry Firefighter.
 3695         (6)An individual who holds a current and valid Forestry
 3696  Certificate of Compliance A certified forestry firefighter is
 3697  entitled to the same rights, privileges, and benefits provided
 3698  for by law as a certified firefighter.
 3699         Section 60. Section 633.34, Florida Statutes, is
 3700  transferred, renumbered as section 633.412, Florida Statutes,
 3701  and amended to read:
 3702         633.412 633.34 Firefighters; qualifications for
 3703  certification employment.—
 3704         (1) A Any person applying for certification employment as a
 3705  firefighter must:
 3706         (a)(1) Be a high school graduate or the equivalent, as the
 3707  term may be determined by the division, and at least 18 years of
 3708  age.
 3709         (b)(2)Not Neither have been convicted of a misdemeanor
 3710  relating to the certification or to perjury or false statements,
 3711  or a felony or a crime punishable by imprisonment of 1 year or
 3712  more under the law of the United States or of any state thereof
 3713  or under the law of any other country, or dishonorably
 3714  discharged from any of the Armed Forces of the United States.
 3715  “Convicted” means a finding of guilt or the acceptance of a plea
 3716  of guilty or nolo contendere, in any federal or state court or a
 3717  court in any other country, without regard to whether a judgment
 3718  of conviction has been entered by the court having jurisdiction
 3719  of the case felony or of a misdemeanor directly related to the
 3720  position of employment sought, nor have pled nolo contendere to
 3721  any charge of a felony. If an applicant has been convicted of a
 3722  felony, such applicant must be in compliance with s.
 3723  112.011(2)(b). If an applicant has been convicted of a
 3724  misdemeanor directly related to the position of employment
 3725  sought, such applicant shall be excluded from employment for a
 3726  period of 4 years after expiration of sentence. If the sentence
 3727  is suspended or adjudication is withheld in a felony charge or
 3728  in a misdemeanor directly related to the position or employment
 3729  sought and a period of probation is imposed, the applicant must
 3730  have been released from probation.
 3731         (c)(3) Submit fingerprints a fingerprint card to the
 3732  division with a current processing fee. The fingerprints
 3733  fingerprint card will be forwarded to the Department of Law
 3734  Enforcement for state processing and forwarded by the Department
 3735  of Law Enforcement to and/or the Federal Bureau of Investigation
 3736  for national processing.
 3737         (d)(4) Have a good moral character as determined by
 3738  investigation under procedure established by the division.
 3739         (e)(5) Be in good physical condition as determined by a
 3740  medical examination given by a physician, surgeon, or physician
 3741  assistant licensed to practice in the state pursuant to chapter
 3742  458; an osteopathic physician, surgeon, or physician assistant
 3743  licensed to practice in the state pursuant to chapter 459; or an
 3744  advanced registered nurse practitioner licensed to practice in
 3745  the state pursuant to chapter 464. Such examination may include,
 3746  but need not be limited to, provisions of the National Fire
 3747  Protection Association Standard 1582. A medical examination
 3748  evidencing good physical condition shall be submitted to the
 3749  division, on a form as provided by rule, before an individual is
 3750  eligible for admission into a course under firefighter training
 3751  program as defined in s. 633.408 633.35.
 3752         (f)(6) Be a nonuser of tobacco or tobacco products for at
 3753  least 1 year immediately preceding application, as evidenced by
 3754  the sworn affidavit of the applicant.
 3755         (2) If the division suspends or revokes an individual’s
 3756  certificate, the division must suspend or revoke all other
 3757  certificates issued to the individual by the division pursuant
 3758  to this part.
 3759         Section 61. Section 633.352, Florida Statutes, is
 3760  transferred, renumbered as section 633.414, Florida Statutes,
 3761  and amended to read:
 3762         633.414 633.352 Retention of firefighter certification.—
 3763         (1) In order for a firefighter to retain her or his
 3764  Firefighter Certificate of Compliance, every 4 years he or she
 3765  must:
 3766         (a) Be Any certified firefighter who has not been active as
 3767  a firefighter, or as a volunteer firefighter with an organized
 3768  fire department, for a period of 3 years shall be required to
 3769  retake the practical portion of the minimum standards state
 3770  examination specified in rule 69A-37.056(6)(b), Florida
 3771  Administrative Code, in order to maintain her or his
 3772  certification as a firefighter;
 3773         (b) Maintain a current and valid fire service instructor
 3774  certificate, instruct at least 40 hours during the 4-year
 3775  period, and provide proof of such instruction to the division,
 3776  which proof must be registered in an electronic database
 3777  designated by the division;
 3778         (c) Successfully complete a refresher course consisting of
 3779  a minimum of 40 hours of training to be prescribed by rule; or
 3780         (d) Within 6 months before the 4-year period expires,
 3781  successfully retake and pass the Minimum Standards Course
 3782  examination.
 3783         (2) In order for a volunteer firefighter to retain her or
 3784  his Volunteer Firefighter Certificate of Completion, every 4
 3785  years he or she must:
 3786         (a) Be active as a volunteer firefighter; or
 3787         (b) Successfully complete a refresher course consisting of
 3788  a minimum of 40 hours of training to be prescribed by rule.
 3789         (3) Subsection (1) however, this requirement does not apply
 3790  to state-certified firefighters who are certified and employed
 3791  as full-time, as determined by the fire service provider, as
 3792  firesafety inspectors or fire investigators firesafety
 3793  instructors, regardless of her or his the firefighter’s
 3794  employment status as a firefighter.
 3795         (4) For the purposes of this section, the term “active”
 3796  means being employed as a firefighter or providing service as a
 3797  volunteer firefighter for a cumulative 6 months within a 4-year
 3798  period.
 3799         (5) The 4-year 3-year period begins:
 3800         (a) If the individual is certified on or after July 1,
 3801  2013, on the date the certificate of compliance is issued or
 3802  upon termination of employment or service with a an organized
 3803  fire department.
 3804         (b) If the individual is certified before July 1, 2013, on
 3805  July 1, 2014, or upon termination of employment or service
 3806  thereafter.
 3807         Section 62. Section 633.41, Florida Statutes, is
 3808  transferred, renumbered as section 633.416, Florida Statutes,
 3809  and amended to read:
 3810         633.416 633.41Firefighter employment and volunteer
 3811  firefighter service; saving clause.—
 3812         (1) A fire service provider may not employ an individual
 3813  to:
 3814         (a) Extinguish fires for the protection of life or property
 3815  or to supervise individuals who perform such services unless the
 3816  individual holds a current and valid Firefighter Certificate of
 3817  Compliance; or
 3818         (b) Serve as the administrative and command head of a fire
 3819  service provider for a period in excess of 1 year unless the
 3820  individual holds a current and valid Firefighter Certificate of
 3821  Compliance or Special Certificate of Compliance.
 3822         (2) A fire service provider may not retain the services of
 3823  an individual volunteering to extinguish fires for the
 3824  protection of life or property or to supervise individuals who
 3825  perform such services unless the individual holds a current and
 3826  valid Volunteer Firefighter Certificate of Completion.
 3827         (3)(a) A fire service provider must make a diligent effort
 3828  to determine whether the individual has a current and valid
 3829  certificate before employing or retaining an individual for the
 3830  services under subsection (1) or subsection (2), including
 3831  making a determination of whether the requirements set forth in
 3832  s. 633.414 have been fulfilled.
 3833         (b) For the purposes of this subsection, the term “diligent
 3834  effort” means contacting at least three of the individual’s
 3835  previous employers to obtain her or his dates of employment and
 3836  contacting the division to determine the certification status of
 3837  the individual.
 3838         (4)(a) A fire service provider must notify the division
 3839  electronically, as directed by rule by the division, within 10
 3840  days after:
 3841         1. The hiring of a firefighter.
 3842         2. The retention of a volunteer firefighter.
 3843         3. The cessation of employment of a firefighter.
 3844         4. A decision not to retain a volunteer firefighter.
 3845         (b) Notification under paragraph (a) must include:
 3846         1. The individual’s name.
 3847         2. The date on which he or she was hired or retained.
 3848         3. The last date of employment or retention before leaving
 3849  the fire service provider.
 3850         4. Any other information deemed necessary by the division
 3851  to determine compliance with ss. 633.414 and 633.426.
 3852         (5) If the fire service provider makes a determination that
 3853  an individual has not met the requirements set forth in s.
 3854  633.414(1), the fire service provider must notify the division
 3855  in writing within 10 days after making that determination.
 3856         (6) The division may conduct site visits to fire
 3857  departments to monitor compliance with this section.
 3858         (7) For purposes of this section, the term “employ” means
 3859  to pay an individual a salary, wage, or other compensation for
 3860  the performance of work. The term does not include the payment
 3861  of expenses, reasonable benefits, a nominal fee, or a
 3862  combination thereof to a volunteer for a public or private fire
 3863  service provider who is only paid in a manner that would be
 3864  authorized for a volunteer under the federal Fair Labor
 3865  Standards Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.,
 3866  and its implementing rules.
 3867         (8) Firefighters employed on July 5, 1969, are not required
 3868  to meet the provisions of ss. 633.408 and 633.412 633.34 and
 3869  633.35 as a condition of tenure or continued employment, and;
 3870  nor shall their failure to fulfill such requirements does not
 3871  make them ineligible for any promotional examination for which
 3872  they are otherwise eligible or affect in any way any pension
 3873  rights to which they may be entitled on July 5, 1969.
 3874         Section 63. Section 633.38, Florida Statutes, is
 3875  transferred, renumbered as section 633.418, Florida Statutes,
 3876  and amended to read:
 3877         633.418 633.38 Inservice training and promotion;
 3878  participation.—
 3879         (1)(a) The division shall by rule rules and regulations
 3880  prescribe curricula and standards for advanced and specialized
 3881  training courses and education training in addition to those
 3882  prescribed in ss. 633.408 and 633.412 633.34 and 633.35.
 3883         (b) The standards provided by this section do shall not
 3884  bind any fire service provider employing agency as to the
 3885  requirements it may have for promoting personnel.
 3886         (2) A fire service provider departments or any fire service
 3887  participating under the provisions of this section shall adhere
 3888  to the standards and procedures established by the division.
 3889         Section 64. Section 633.382, Florida Statutes, is
 3890  transferred, renumbered as section 633.422, Florida Statutes,
 3891  and amended to read:
 3892         633.422 633.382 Firefighters; supplemental compensation.—
 3893         (1) DEFINITIONS.—As used in this section, the term:
 3894         (a) “Employing agency” means any municipality or any
 3895  county, the state, or any political subdivision of the state,
 3896  including authorities and special districts employing
 3897  firefighters.
 3898         (b) “Firefighter” means any person who meets the definition
 3899  of the term “firefighter” in s. 633.30(1) who is certified in
 3900  compliance with s. 633.35 and who is employed solely within the
 3901  fire department of the employing agency or is employed by the
 3902  division.
 3903         (1)(2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.—The
 3904  Legislature recognizes the need for supplemental compensation
 3905  for firefighters who pursue higher educational opportunities
 3906  that directly relate to the improvement of the health, safety,
 3907  and welfare of firefighters and those who firefighters protect.
 3908  The State Fire Marshal shall determine, and adopt by rule, the
 3909  course work or degrees that represent the best practices toward
 3910  this goal in the field of firefighting.
 3911         (a) In addition to the compensation now paid by a fire
 3912  service provider an employing agency to any firefighter, every
 3913  firefighter shall be paid supplemental compensation by the fire
 3914  service provider employing agency when such firefighter is a
 3915  full-time employee, as determined by the employing fire service
 3916  provider, and has complied with one of the following criteria:
 3917         1. A Any firefighter who receives an associate degree from
 3918  an accredited a college, which degree is directly applicable to
 3919  fire department duties, as outlined in policy guidelines adopted
 3920  by rule by of the division, shall be additionally compensated as
 3921  outlined in paragraph (2)(a) (3)(a).
 3922         2. A Any firefighter, regardless of whether or not she or
 3923  he earned an associate degree earlier, who receives from an
 3924  accredited college or university a bachelor’s degree, which
 3925  bachelor’s degree is directly applicable to fire department
 3926  duties, as outlined in policy guidelines adopted by rule by of
 3927  the division, shall receive compensation as outlined in
 3928  paragraph (2)(b) (3)(b).
 3929         (b) If Whenever any question arises as to the eligibility
 3930  of any firefighter to receive supplemental compensation as
 3931  provided in this section, the question, together with all facts
 3932  relating thereto, must shall be submitted to the division for
 3933  determination, and the decision of the division with regard to
 3934  determination of eligibility shall be final, subject to the
 3935  provisions of chapter 120.
 3936         (2)(3) SUPPLEMENTAL COMPENSATION.—Supplemental compensation
 3937  shall be determined as follows:
 3938         (a) Fifty dollars shall be paid monthly to each firefighter
 3939  who qualifies under the provisions of subparagraph (1)(a)1
 3940  (2)(a)1.
 3941         (b) One hundred and ten dollars shall be paid monthly to
 3942  each firefighter who qualifies under the provisions of
 3943  subparagraph (1)(a)2 (2)(a)2.
 3944         (3)(4) FUNDING.—
 3945         (a) The fire service provider employing agency is
 3946  responsible for the correct payment of firefighters pursuant to
 3947  the provisions of this section. The division may review, in a
 3948  postaudit capacity, any action taken by an agency in
 3949  administering the educational incentive program. The fire
 3950  service provider employing agency shall take appropriate action
 3951  when a postaudit shows that an action taken by the fire service
 3952  provider employing agency was in error.
 3953         (b) Each fire service provider agency employing
 3954  firefighters who are eligible for this compensation shall submit
 3955  reports containing information relating to compensation paid as
 3956  a result of this section to the division on March 31, June 30,
 3957  September 30, and December 31 of each year.
 3958         (c) There is appropriated from the Police and Firefighter’s
 3959  Premium Tax Trust Fund to the Firefighters’ Supplemental
 3960  Compensation Trust Fund, which is hereby created under the
 3961  Department of Revenue, all moneys which have not been
 3962  distributed to municipalities and special fire control districts
 3963  in accordance with s. 175.121 as a result of the limitation
 3964  contained in s. 175.122 on the disbursement of revenues
 3965  collected pursuant to chapter 175 or as a result of any
 3966  municipality or special fire control district not having
 3967  qualified in any given year, or portion thereof, for
 3968  participation in the distribution of the revenues collected
 3969  pursuant to chapter 175. The total required annual distribution
 3970  from the Firefighters’ Supplemental Compensation Trust Fund
 3971  shall equal the amount necessary to pay supplemental
 3972  compensation as provided in this section, provided that:
 3973         1. Any deficit in the total required annual distribution
 3974  shall be made up from accrued surplus funds existing in the
 3975  Firefighters’ Supplemental Compensation Trust Fund on June 30,
 3976  1990, for as long as such funds last. If the accrued surplus is
 3977  insufficient to cure the deficit in any given year, the
 3978  proration of the appropriation among the counties,
 3979  municipalities, and special fire service taxing districts shall
 3980  equal the ratio of compensation paid in the prior year to
 3981  county, municipal, and special fire service taxing district
 3982  firefighters pursuant to this section. This ratio shall be
 3983  provided annually to the Department of Revenue by the division
 3984  of State Fire Marshal. Surplus funds that have accrued or accrue
 3985  on or after July 1, 1990, shall be redistributed to
 3986  municipalities and special fire control districts as provided in
 3987  subparagraph 2.
 3988         2. By October 1 of each year, any funds that have accrued
 3989  or accrue on or after July 1, 1990, and remain in the
 3990  Firefighters’ Supplemental Compensation Trust Fund following the
 3991  required annual distribution shall be redistributed by the
 3992  Department of Revenue pro rata to those municipalities and
 3993  special fire control districts identified by the Department of
 3994  Management Services as being eligible for additional funds
 3995  pursuant to s. 175.121(3)(b).
 3996         (d) Salary incentive payments to firefighters shall
 3997  commence in the first full calendar month following the initial
 3998  date of certification of eligibility by the division of State
 3999  Fire Marshal.
 4000         (e) Special fire service taxing districts are authorized
 4001  and empowered to spend expend the funds necessary to ensure
 4002  correct payment to firefighters.
 4003         (4)(5) LEGISLATIVE FINDINGS.—The payment of supplemental
 4004  compensation and expenses of the administration provided by this
 4005  section is found to serve a state, county, district, and
 4006  municipal purpose and to provide benefit to the state and to its
 4007  counties, municipalities, and districts.
 4008         (5) APPLICABILITY.—For the purposes of this section, the
 4009  division shall be considered a fire service provider responsible
 4010  for the payment of supplemental compensation in accordance with
 4011  this section to firefighters employed full-time by the division.
 4012         Section 65. Section 633.353, Florida Statutes, is
 4013  transferred, renumbered as section 633.424, Florida Statutes,
 4014  and amended to read:
 4015         633.424 633.353 Falsification of qualifications.—An
 4016  individual Any person who willfully and knowingly falsifies her
 4017  or his the qualifications of a new employee to the Bureau of
 4018  Fire Standards and Training of the division commits is guilty of
 4019  a misdemeanor of the second degree, punishable as provided in s.
 4020  775.082 or s. 775.083.
 4021         Section 66. Section 633.351, Florida Statutes, is
 4022  transferred, renumbered as section 633.426, Florida Statutes,
 4023  and amended to read:
 4024         633.426 633.351 Disciplinary action; firefighters;
 4025  standards for revocation of certification.—
 4026         (1) For purposes of this section, the term:
 4027         (a) “Certificate” means any of the certificates issued
 4028  under s. 633.406.
 4029         (b) “Certification” or “certified” means the act of holding
 4030  a current and valid certificate.
 4031         (c) “Convicted” means a finding of guilt, or the acceptance
 4032  of a plea of guilty or nolo contendere, in any federal or state
 4033  court or a court in any other country, without regard to whether
 4034  a judgment of conviction has been entered by the court having
 4035  jurisdiction of the case.
 4036         (2) An individual is ineligible to apply for certification
 4037  if the individual has, at any time, been:
 4038         (a) Convicted of a misdemeanor relating to the
 4039  certification or to perjury or false statements.
 4040         (b) Convicted of a felony or a crime punishable by
 4041  imprisonment of 1 year or more under the law of the United
 4042  States or of any state thereof, or under the law of any other
 4043  country.
 4044         (c) Dishonorably discharged from any of the Armed Forces of
 4045  the United States.
 4046         (3)(a) The certification of an individual shall be
 4047  permanently revoked if the individual is:
 4048         1. Convicted of a misdemeanor relating to perjury or false
 4049  statement.
 4050         2. Convicted of a felony or a crime punishable by
 4051  imprisonment of 1 year or more under the law of the United
 4052  States or of any state thereof, or under the law of any other
 4053  country.
 4054         3. Dishonorably discharged from any of the Armed Forces of
 4055  the United States.
 4056         (b) For individuals who are certified before July 1, 2013:
 4057         1. This subsection applies prospectively to convictions or
 4058  dishonorable discharges entered on or after July 1, 2013.
 4059         2. Section 633.351 as it existed before July 1, 2013,
 4060  applies to convictions entered before July 1, 2013.
 4061         (4) The certification of an individual a firefighter shall
 4062  be revoked if evidence is found which demonstrates that the
 4063  certification was improperly issued by the division or if
 4064  evidence is found that the certification was issued on the basis
 4065  of false, incorrect, incomplete, or misleading information, or
 4066  that the individual has demonstrated a lack of moral fitness or
 4067  trustworthiness to carry out the responsibilities under the
 4068  individual’s certification.
 4069         (5) After investigation, if the division has reason to
 4070  believe that an individual who is certified may have been
 4071  convicted of a felony or of a misdemeanor related to perjury or
 4072  false statement in this state or any other state or
 4073  jurisdiction, the division may require the individual to submit
 4074  fingerprints to the division with a current processing fee. The
 4075  fingerprints shall be forwarded by the division to the
 4076  Department of Law Enforcement for state processing and shall be
 4077  forwarded by the Department of Law Enforcement to the Federal
 4078  Bureau of Investigation for national processing.
 4079         (2) The certification of a firefighter who is convicted of
 4080  a felony, or who is convicted of a misdemeanor relating to
 4081  misleading or false statements, or who pleads nolo contendere to
 4082  any charge of a felony shall be revoked until the firefighter
 4083  complies with s. 112.011(2)(b). However, if sentence upon such
 4084  felony or such misdemeanor charge is suspended or adjudication
 4085  is withheld, the firefighter’s certification shall be revoked
 4086  until she or he completes any probation.
 4087         Section 67. Section 633.43, Florida Statutes, is
 4088  transferred, renumbered as section 633.428, Florida Statutes,
 4089  and amended to read:
 4090         633.428 633.43 Florida State Fire College established.
 4091  There is hereby established a state institution to be known as
 4092  the Florida State Fire College, to be located at or near Ocala,
 4093  Marion County. The institution shall be operated by the division
 4094  of State Fire Marshal of the department.
 4095         Section 68. Section 633.44, Florida Statutes, is
 4096  transferred, renumbered as section 633.432, Florida Statutes,
 4097  and amended to read:
 4098         633.432 633.44 Purpose of fire college.—The purposes of
 4099  this part ss. 633.43-633.49 and of the Florida State Fire
 4100  College are shall be:
 4101         (1) To provide professional and volunteer firefighters with
 4102  needful professional instruction and training in subjects,
 4103  including, but not limited to, firefighting, fire prevention,
 4104  hazardous materials, urban search and rescue, and emergency
 4105  operations, at a minimum of cost to them and to their employers.
 4106         (2) To ensure the professionalism and competence of those
 4107  performing firefighting, fire prevention, and associated fire
 4108  protection functions by administering a system of certification
 4109  and licensing.
 4110         (3)(2) To develop new methods and practices of firefighting
 4111  and fire prevention.
 4112         (4)(3) To assist the state and county, municipal, and other
 4113  local governments of this state and their agencies and officers
 4114  in their investigation and determination of the causes of fires.
 4115         (5)(4) To provide testing facilities for testing
 4116  firefighting equipment.
 4117         (6)(5) To disseminate useful information on fires,
 4118  firefighting and fire prevention and other related subjects, to
 4119  fire departments and others interested in such information.
 4120         (7)(6) To do such other needful or useful things necessary
 4121  to the promotion of public safety in the field of fire hazards
 4122  and fire prevention work.
 4123  
 4124  It is hereby declared by the Legislature that the above purposes
 4125  are legitimate state functions and are designed to promote
 4126  public safety.
 4127         Section 69. Section 633.48, Florida Statutes, is
 4128  transferred, renumbered as section 633.434, Florida Statutes,
 4129  and amended to read:
 4130         633.434 633.48 Superintendent of college.—The division may
 4131  employ a superintendent for the Florida State Fire College, who
 4132  must shall be especially trained and qualified in firefighting,
 4133  fire prevention and fire experimental work, and may employ on
 4134  the recommendations of the said superintendent such other
 4135  instructors, experimental helpers and laborers as may be
 4136  necessary to the proper conduct of the said institution; and may
 4137  proceed with the erection and detailed operation of the said
 4138  institution under ss. 633.428-633.444 633.43-633.49.
 4139         Section 70. Section 633.461, Florida Statutes, is
 4140  transferred, renumbered as section 633.436, Florida Statutes,
 4141  and amended to read:
 4142         633.436 633.461 Use of Insurance Regulatory Trust Fund.—The
 4143  funds received from the Insurance Regulatory Trust Fund shall be
 4144  used by the staff of the Florida State Fire College to provide
 4145  all necessary services, training, equipment, and supplies to
 4146  carry out the college’s responsibilities, including, but not
 4147  limited to, the State Fire Marshal Scholarship Grant Program and
 4148  the procurement of training resources and films, videotapes,
 4149  audiovisual equipment, and other useful information on fire,
 4150  firefighting, and fire prevention, including public fire service
 4151  information packages.
 4152         Section 71. Section 633.47, Florida Statutes, is
 4153  transferred and renumbered as section 633.438, Florida Statutes.
 4154         Section 72. Section 633.49, Florida Statutes, is
 4155  transferred, renumbered as section 633.442, Florida Statutes,
 4156  and amended to read:
 4157         633.442 633.49 Buildings, equipment, and other facilities;
 4158  use.—The division shall have the power to prescribe and shall
 4159  make the necessary rules and regulations for the use of
 4160  buildings, equipment, and other facilities of the Florida State
 4161  Fire College when they are not in use for the purposes set forth
 4162  in this part ss. 633.43-633.49.
 4163         Section 73. Section 633.50, Florida Statutes, is
 4164  transferred, renumbered as section 633.444, Florida Statutes,
 4165  and amended to read:
 4166         633.444 633.50 Division powers and duties; Florida State
 4167  Fire College.—
 4168         (1) The division, in performing its duties related to the
 4169  Florida State Fire College, specified in this part ss. 633.43
 4170  633.49, shall:
 4171         (a) Enter into agreements with public or private school
 4172  districts, community colleges, junior colleges, or state
 4173  universities to carry out its duties and responsibilities.
 4174         (b) Review and approve budget requests for the fire college
 4175  educational program.
 4176         (c) Prepare the legislative budget request for the Florida
 4177  State Fire College education program. The superintendent is
 4178  responsible for all expenditures pursuant to appropriations.
 4179         (d) Implement procedures to obtain appropriate entitlement
 4180  funds from federal and state grants to supplement the annual
 4181  legislative appropriation. Such funds must be used expressly for
 4182  the fire college educational programs.
 4183         (e) Develop a staffing and funding formula for the Florida
 4184  State Fire College. The formula must shall include differential
 4185  funding levels for various types of programs, must shall be
 4186  based on the number of full-time equivalent students and
 4187  information obtained from scheduled attendance counts taken the
 4188  first day of each program, and must shall provide the basis for
 4189  the legislative budget request. As used in this section, a full
 4190  time equivalent student is equal to a minimum of 900 hours in a
 4191  technical certificate program and 400 hours in a degree-seeking
 4192  program. The funding formula must shall be as prescribed
 4193  pursuant to s. 1011.62, must shall include procedures to
 4194  document daily attendance, and must shall require that
 4195  attendance records be retained for audit purposes.
 4196         (f) Approve and register in an electronic database an
 4197  education or training provider, designated by the division,
 4198  before the education or training provider may offer any course
 4199  to fulfill any education or training requirement under this
 4200  chapter. The division shall establish criteria, by rule, for the
 4201  approval of such education or training providers, including
 4202  courses taught. Only approved and registered education or
 4203  training providers are eligible to provide instruction or
 4204  training that will be recognized by the division as fulfilling
 4205  any education or training requirement under this chapter.
 4206         (g) Recognize only courses offered by approved and
 4207  registered training or education providers as fulfilling the
 4208  education or training requirements under this chapter.
 4209         (2) Funds generated by the formula per full-time equivalent
 4210  student may not exceed the level of state funding per full-time
 4211  equivalent student generated through the Florida Education
 4212  Finance Program or the State Community College Program Fund for
 4213  students enrolled in comparable education programs provided by
 4214  public school districts and community colleges. Funds
 4215  appropriated for education and operational costs shall be
 4216  deposited in the Insurance Regulatory Trust Fund to be used
 4217  solely for purposes specified in s. 633.436 633.461 and may not
 4218  be transferred to any other budget entity for purposes other
 4219  than education.
 4220         Section 74. Section 633.46, Florida Statues, is transferred
 4221  and renumbered as section 633.446, Florida Statutes.
 4222         Section 75. The Division of Law Revision and Information is
 4223  directed to create part V of chapter 633, Florida Statutes,
 4224  consisting of sections 633.502, 633.504, 633.506, 633.508,
 4225  633.512, 633.516, 633.518, 633.520, 633.522, 633.526, 633.528,
 4226  633.532, 633.534, and 633.536, Florida Statutes, to be entitled
 4227  “Florida Firefighters Occupational Safety and Health Act.”
 4228         Section 76. Section 633.801, Florida Statutes, is
 4229  transferred, renumbered as section 633.502, Florida Statutes,
 4230  and amended to read:
 4231         633.502 633.801 Short title.—Sections 633.502-633.536,
 4232  633.801-633.821 may be cited as the “Florida Firefighters
 4233  Occupational Safety and Health Act.”
 4234         Section 77. Section 633.802, Florida Statutes, is
 4235  transferred and renumbered as section 633.504, Florida Statutes,
 4236  and subsections (1), (2), and (4) of that section are amended,
 4237  to read:
 4238         633.504 633.802 Definitions.—As used in this part, the term
 4239  Unless the context clearly requires otherwise, the following
 4240  definitions shall apply to ss. 633.801-633.821:
 4241         (1) “Firefighter employee” means a firefighter, volunteer
 4242  firefighter, or individual providing support services who is any
 4243  person engaged in any employment, public or private, as a
 4244  firefighter under any appointment or contract of hire or
 4245  apprenticeship, express or implied, oral or written, whether
 4246  lawfully or unlawfully employed, responding to or assisting with
 4247  fire or medical emergencies, regardless of whether or not the
 4248  firefighter is on duty, except those appointed under s.
 4249  590.02(1)(d).
 4250         (2) “Firefighter employer” means the state and all
 4251  political subdivisions of this state, all public and quasi
 4252  public corporations in this state, and a every person carrying
 4253  on any employment for this state, political subdivisions of this
 4254  state, and public and quasi-public corporations in this state
 4255  which employs firefighter employees firefighters, except those
 4256  appointed under s. 590.02(1)(d).
 4257         (4) “Firefighter place of employment” or “place of
 4258  employment” means the physical location at which the firefighter
 4259  employee is employed or deployed.
 4260         Section 78. Section 633.803, Florida Statutes, is
 4261  transferred, renumbered as section 633.506, Florida Statutes,
 4262  and amended to read:
 4263         633.506 633.803 Legislative intent.—It is the intent of the
 4264  Legislature to enhance firefighter occupational safety and
 4265  health in the state through the implementation and maintenance
 4266  of policies, procedures, practices, rules, and standards that
 4267  reduce the incidence of firefighter employee accidents,
 4268  firefighter employee occupational diseases, and firefighter
 4269  employee fatalities compensable under chapter 440 or otherwise.
 4270  The Legislature further intends that the division develop a
 4271  means by which the division can identify individual firefighter
 4272  employers with a high frequency or severity of work-related
 4273  injuries, conduct safety inspections of those firefighter
 4274  employers, and assist those firefighter employers in the
 4275  development and implementation of firefighter employee safety
 4276  and health programs. In addition, it is the intent of the
 4277  Legislature that the division administer and enforce this part
 4278  the provisions of ss. 633.801-633.821; provide assistance to
 4279  firefighter employers, firefighter employees, and insurers; and
 4280  enforce the policies, rules, and standards set forth in this
 4281  part ss. 633.801-633.821.
 4282         Section 79. Section 633.821, Florida Statutes, is
 4283  transferred and renumbered as section 633.508, Florida Statutes,
 4284  subsections (2), (3), (5), and (6) of that section are amended,
 4285  and subsection (7) is added to that section, to read:
 4286         633.508 633.821 Workplace safety; rulemaking authority;
 4287  division authority.—
 4288         (2) The division shall have the authority to adopt rules
 4289  for the purpose of ensuring safe working conditions for all
 4290  firefighter employees by authorizing the enforcement of
 4291  effective standards, by assisting and encouraging firefighter
 4292  employers to maintain safe working conditions, and by providing
 4293  for education and training in the field of safety. Specifically,
 4294  the division may by rule adopt the most current edition of all
 4295  or any part of subparts C through T and subpart Z of 29 C.F.R.
 4296  s. 1910, as revised April 8, 1998; the National Fire Protection
 4297  Association, Inc., Standard 1500, paragraph 5-7 (Personal Alert
 4298  Safety System) (1992 edition); the National Fire Protection
 4299  Association, Inc., Publication 1403, Standard on Live Fire
 4300  Training Evolutions (latest edition), as limited by subsection
 4301  (6); and ANSI A 10.4-1990.
 4302         (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
 4303  individuals located outside the immediately dangerous to life
 4304  and health atmosphere may be assigned to an additional role,
 4305  such as incident commander, pumper operator, engineer, or
 4306  driver, so long as such individual can is able to immediately
 4307  perform assistance or rescue activities without jeopardizing the
 4308  safety or health of any firefighter employee working at an
 4309  incident. Also with respect to 29 C.F.R. s. 1910.134(g)(4):
 4310         (a) Each county, municipality, and special district shall
 4311  implement such provision by April 1, 2002, except as provided in
 4312  paragraphs (b) and (c).
 4313         (b) If any county, municipality, or special district is
 4314  unable to implement such provision by April 1, 2002, without
 4315  adding additional personnel to its firefighting staff or
 4316  expending significant additional funds, such county,
 4317  municipality, or special district shall have an additional 6
 4318  months within which to implement such provision. Such county,
 4319  municipality, or special district shall notify the division that
 4320  the 6-month extension to implement such provision is in effect
 4321  in such county, municipality, or special district within 30 days
 4322  after its decision to extend the time for the additional 6
 4323  months. The decision to extend the time for implementation shall
 4324  be made prior to April 1, 2002.
 4325         (c) If, after the extension granted in paragraph (b), the
 4326  county, municipality, or special district, after having worked
 4327  with and cooperated fully with the division and the Firefighters
 4328  Employment, Standards, and Training Council, is still unable to
 4329  implement such provisions without adding additional personnel to
 4330  its firefighting staff or expending significant additional
 4331  funds, such municipality, county, or special district shall be
 4332  exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
 4333  However, each year thereafter the division shall review each
 4334  such county, municipality, or special district to determine if
 4335  such county, municipality, or special district has the ability
 4336  to implement such provision without adding additional personnel
 4337  to its firefighting staff or expending significant additional
 4338  funds. If the division determines that any county, municipality,
 4339  or special district has the ability to implement such provision
 4340  without adding additional personnel to its firefighting staff or
 4341  expending significant additional funds, the division shall
 4342  require such county, municipality, or special district to
 4343  implement such provision. Such requirement by the division under
 4344  this paragraph constitutes final agency action subject to
 4345  chapter 120.
 4346         (5) The division may adopt any rule necessary to implement,
 4347  interpret, and make specific the provisions of this section,
 4348  provided the division may not adopt by rule any other standard
 4349  or standards of the Occupational Safety and Health
 4350  Administration or the National Fire Protection Association
 4351  relating solely to this part ss. 633.801-633.821 and firefighter
 4352  employment safety without specific legislative authority.
 4353         (6)(a) The division shall adopt rules for live fire
 4354  training that all firefighter employees firefighters subject to
 4355  this chapter must complete. The division shall also adopt rules
 4356  for a training and certification process for live fire training
 4357  instructors.
 4358         (b) Such rules for training must shall include:
 4359         1. Sections of the most current edition of the National
 4360  Fire Protection Association, Inc., Publication 1402, Guide to
 4361  Building Fire Service Training Centers, relating to establishing
 4362  policies and procedures for effective use of such permanent
 4363  facilities or structures.
 4364         2. Sections of the most current edition of the National
 4365  Fire Protection Association, Inc., Publication 1403, Standard on
 4366  Live Fire Training Evolutions, excluding, however:
 4367         a. Any chapter entitled “Referenced Publications.”
 4368         b. References to the National Fire Protection Association,
 4369  Inc., Publication 1975, Station Uniform.
 4370         c. Provisions of the National Fire Protection Association,
 4371  Inc., Publication 1001, not adopted under rule 69A-37 or any
 4372  references to such publication in the National Fire Protection
 4373  Association, Inc., Publication 1975.
 4374         d. Any reference to an authority having jurisdiction in the
 4375  National Fire Protection Association, Inc., Publication 1403,
 4376  defined as the organization, office, or individual responsible
 4377  for approving equipment, materials, installations, and
 4378  procedures.
 4379         3. A 40-hour training program for live fire training
 4380  instructors, including:
 4381         a. Live fire instructional techniques.
 4382         b. Training safety in acquired or permanent facilities or
 4383  props.
 4384         c. Personnel safety.
 4385         d. Exterior props, including, but not limited to, liquid
 4386  petroleum gas, other liquid fuels, and similar props.
 4387         (c) The rules, excluding those pertaining to live fire
 4388  training instructor certification, shall take effect no later
 4389  than January 1, 2006.
 4390         (c)(d) Each live fire training instructor is required to be
 4391  a state certified fire safety instructor. All live fire training
 4392  commenced on and after January 1, 2007, must be conducted by a
 4393  certified live fire training instructor.
 4394         (d)(e) This subsection does not apply to wildland or
 4395  prescribed live fire training exercises sanctioned by the
 4396  Florida Forest Service of the Department of Agriculture and
 4397  Consumer Services or the National Wildfire Coordinating Group.
 4398         (7) The division shall:
 4399         (a) Investigate and prescribe by rule what safety devices,
 4400  safeguards, or other means of protection must be adopted for the
 4401  prevention of accidents and injuries in every firefighter
 4402  employee place of employment or at any fire scene; determine
 4403  what suitable devices, safeguards, or other means of protection
 4404  for the prevention of occupational diseases must be adopted or
 4405  followed in any or all such firefighter places of employment or
 4406  at any emergency fire scene; and adopt reasonable rules for the
 4407  prevention of accidents, the safety, protection, and security of
 4408  firefighter employees engaged in interior firefighting, and the
 4409  prevention of occupational diseases.
 4410         (b) Ascertain, fix, and order such reasonable standards and
 4411  rules for the construction, repair, and maintenance of
 4412  firefighter employee places of employment so as to render them
 4413  safe. Such rules and standards shall be adopted in accordance
 4414  with chapter 120.
 4415         (c) Adopt rules prescribing recordkeeping responsibilities
 4416  for firefighter employers, which may include maintaining a log
 4417  and summary of occupational injuries, diseases, and illnesses,
 4418  for producing on request a notice of injury and firefighter
 4419  employee accident investigation records, and prescribing a
 4420  retention schedule for such records.
 4421         Section 80. Section 633.817, Florida Statutes, is
 4422  transferred, renumbered as section 633.512, Florida Statutes,
 4423  and amended to read:
 4424         633.512 633.817 Compliance.—Failure of a firefighter
 4425  employer or an insurer to comply with this part ss. 633.801
 4426  633.821, or with any rules adopted under this part ss. 633.801
 4427  633.821, constitutes grounds for the division to seek remedies,
 4428  including injunctive relief, by making appropriate filings with
 4429  the circuit court.
 4430         Section 81. Section 633.805, Florida Statutes, is
 4431  transferred and renumbered as section 633.516, Florida Statutes.
 4432         Section 82. Section 633.806, Florida Statutes, is
 4433  transferred, renumbered as section 633.518, Florida Statutes,
 4434  and amended to read:
 4435         633.518 633.806Studies, investigations, inspections, or
 4436  inquiries by the division; refusal to admit; penalty.—
 4437         (1) The division shall make studies, and investigations,
 4438  inspections, or inquiries with respect to compliance with this
 4439  part or any rules authorized under this part safety provisions
 4440  and the causes of firefighter employee injuries, illnesses,
 4441  safety-based complaints, or Line of Duty Deaths (LODD) as
 4442  defined in rule in firefighter employee places of employment and
 4443  shall make such recommendations to the Legislature and
 4444  firefighter employers and insurers as the division considers
 4445  proper as to prevent or reduce future occurrences the best means
 4446  of preventing firefighter injuries. In making such studies, and
 4447  investigations, inspections, or inquiries, the division may
 4448  cooperate with any agency of the United States charged with the
 4449  duty of enforcing any law securing safety against injury in any
 4450  place of firefighter employment covered by this part ss.
 4451  633.801-633.821 or any agency or department of the state engaged
 4452  in enforcing any law to ensure safety for firefighter employees.
 4453         (2) The division by rule may adopt procedures for
 4454  conducting investigations, inspections, or inquiries of
 4455  firefighter employers under this part ss. 633.801-633.821.
 4456         (3) The division and authorized representatives of the
 4457  division may enter and inspect any firefighter employee’s place
 4458  of employment at any reasonable time for the purpose of
 4459  investigating compliance with this part and conducting
 4460  inspections for the proper enforcement of this part. A
 4461  firefighter employer who refuses to admit any member of the
 4462  division or authorized representative of the division to any
 4463  place of employment or to allow investigation and inspection
 4464  pursuant to this section commits a misdemeanor of the second
 4465  degree, punishable as provided in s. 775.082 or s. 775.083.
 4466         Section 83. Section 633.807, Florida Statutes, is
 4467  transferred, renumbered as section 633.520, Florida Statutes,
 4468  and amended to read:
 4469         633.520 633.807 Safety; firefighter employer
 4470  responsibilities.—Every firefighter employer shall furnish and
 4471  use safety devices and safeguards, adopt and use methods and
 4472  processes reasonably adequate to render such an employment and
 4473  place of employment safe, and do every other thing reasonably
 4474  necessary to protect the lives, health, and safety of such
 4475  firefighter employees. As used in this section, the terms “safe”
 4476  and “safety,” as applied to any employment or place of
 4477  firefighter employment, mean such freedom from danger as is
 4478  reasonably necessary for the protection of the lives, health,
 4479  and safety of firefighter employees, including conditions and
 4480  methods of sanitation and hygiene. Safety devices and safeguards
 4481  required to be furnished by the firefighter employer by this
 4482  section or by the division under authority of this section do
 4483  shall not include personal apparel and protective devices that
 4484  replace personal apparel normally worn by firefighter employees
 4485  during regular working hours.
 4486         Section 84. Section 633.809, Florida Statutes, is
 4487  transferred, renumbered as section 633.522, Florida Statutes,
 4488  and amended to read:
 4489         633.522 633.809 Firefighter employers; whose firefighter
 4490  employees have a high frequency of work-related injuries;
 4491  corrective plans; workplace safety committees and coordinators;
 4492  failure to implement a safety and health program; cancellation.—
 4493         (1) The division shall develop a means to by which the
 4494  division may identify individual firefighter employers with
 4495  whose firefighter employees have a high frequency or severity of
 4496  firefighter employee work-related injuries. The division shall
 4497  carry out safety inspections of the facilities and operations of
 4498  those firefighter employers in order to assist them in reducing
 4499  the frequency and severity of work-related injuries. The
 4500  division shall develop safety and health programs for those
 4501  firefighter employers. Insurers shall distribute such safety and
 4502  health programs to the firefighter employers so identified by
 4503  the division. Those firefighter employers identified by the
 4504  division as having a high frequency or severity of work-related
 4505  injuries shall implement a safety and health program developed
 4506  by the division. The division shall conduct carry out safety
 4507  inspections of those firefighter employers so identified to
 4508  ensure compliance with this part or the division’s rules and
 4509  make recommendations based upon current the safety and health
 4510  practices program and to assist such firefighter employers in
 4511  reducing the number of work-related injuries. The division may
 4512  not assess penalties as a result of such inspections, except as
 4513  provided by s. 633.813. Copies of any report made as the result
 4514  of such an inspection shall be provided to the firefighter
 4515  employer and its insurer. Firefighter employers shall may submit
 4516  a plan for the correction of any noncompliance issues their own
 4517  safety and health programs to the division for approval in
 4518  accordance with division rule lieu of using the safety and
 4519  health program developed by the division. The division shall
 4520  promptly review the plan program submitted and approve or
 4521  disapprove the plan program within 60 days or such plan program
 4522  shall be deemed approved. Upon approval by the division, the
 4523  plan program shall be implemented by the firefighter employer.
 4524  If the plan program is not submitted, does not provide
 4525  corrective actions for all deficiencies, is not complete, or is
 4526  not implemented, the fire service provider shall be subject to
 4527  s. 633.526 approved or if a program is not submitted, the
 4528  firefighter employer shall implement the program developed by
 4529  the division. The division shall adopt rules setting forth the
 4530  criteria for safety and health programs, as such rules relate to
 4531  this section.
 4532         (2) In order to promote health and safety in firefighter
 4533  employee places of employment in this state:
 4534         (a) Each firefighter employer of 20 or more firefighter
 4535  employees shall establish and administer a workplace safety
 4536  committee in accordance with rules adopted under this section.
 4537         (b) Each firefighter employer of fewer than 20 firefighter
 4538  employees with a high frequency or high severity of work-related
 4539  injuries, as identified by the division, shall establish and
 4540  administer a workplace safety committee or designate a workplace
 4541  safety coordinator who shall establish and administer workplace
 4542  safety activities in accordance with rules adopted under this
 4543  section.
 4544         (3) The division shall adopt rules:
 4545         (a) Prescribing the membership of the workplace safety
 4546  committees so as to ensure an equal number of firefighter
 4547  employee representatives who are volunteers or are elected by
 4548  their peers and firefighter employer representatives, and
 4549  specifying the frequency of meetings.
 4550         (b) Requiring firefighter employers to make adequate
 4551  records of each meeting and to file and to maintain the records
 4552  subject to inspection by the division.
 4553         (c) Prescribing the duties and functions of the workplace
 4554  safety committee and workplace safety coordinator which include,
 4555  but are not limited to:
 4556         1. Establishing procedures for workplace safety inspections
 4557  by the committee.
 4558         2. Establishing procedures for investigating all workplace
 4559  accidents, safety-related incidents, illnesses, and deaths.
 4560         3. Evaluating accident prevention and illness prevention
 4561  programs.
 4562         4. Prescribing guidelines for the training of safety
 4563  committee members.
 4564         (4) The composition, selection, and function of workplace
 4565  safety committees shall be a mandatory topic of negotiations
 4566  with any certified collective bargaining agent for firefighter
 4567  employers that operate under a collective bargaining agreement.
 4568  Firefighter employers that operate under a collective bargaining
 4569  agreement that contains provisions governing the formation and
 4570  operation of workplace safety committees that meet or exceed the
 4571  minimum requirements contained in this section, or firefighter
 4572  employers who otherwise have existing workplace safety
 4573  committees that meet or exceed the minimum requirements
 4574  established by this section, are in compliance with this
 4575  section.
 4576         (5) Firefighter employees shall be compensated their
 4577  regular hourly wage while engaged in workplace safety committee
 4578  or workplace safety coordinator training, meetings, or other
 4579  duties prescribed under this section.
 4580         (6) If a firefighter employer fails to implement a
 4581  corrective plan, the insurer or self-insurer’s fund that is
 4582  providing coverage for the firefighter employer may cancel the
 4583  contract for insurance with the firefighter employer. In the
 4584  alternative, the insurer or fund may terminate any discount or
 4585  deviation granted to the firefighter employer for the remainder
 4586  of the term of the policy. If the contract is canceled or the
 4587  discount or deviation is terminated, the insurer must make such
 4588  reports as are required by law.
 4589         Section 85. Section 633.811, Florida Statutes, is
 4590  transferred, renumbered as section 633.526, Florida Statutes,
 4591  and amended to read:
 4592         633.526 633.811 Firefighter employer penalties.—If any
 4593  firefighter employer violates or fails or refuses to comply with
 4594  this part ss. 633.801-633.821, or with any rule adopted by the
 4595  division under such sections in accordance with chapter 120 for
 4596  the prevention of injuries, accidents, or occupational diseases
 4597  or with any lawful order of the division in connection with this
 4598  part ss. 633.801-633.821, or fails or refuses to furnish or
 4599  adopt any safety device, safeguard, or other means of protection
 4600  prescribed by division rule under this part ss. 633.801-633.821
 4601  for the prevention of accidents or occupational diseases, the
 4602  division may:
 4603         (1) Issue an administrative cease and desist order,
 4604  enforceable in the circuit court in the jurisdiction where the
 4605  violation is occurring or has occurred.
 4606         (2) Assess an administrative fine against a firefighter
 4607  employer of not less than $100 or more than $1,000 for each
 4608  violation and each day a violation is committed.
 4609         (3) Assess against the firefighter employer a civil penalty
 4610  of not less than $100 nor more than $5,000 for each day the
 4611  violation, omission, failure, or refusal continues after the
 4612  firefighter employer has been given written notice of such
 4613  violation, omission, failure, or refusal. The total penalty for
 4614  each violation shall not exceed $50,000. The division shall
 4615  adopt rules requiring penalties commensurate with the frequency
 4616  or severity of safety violations. Hearings requested under this
 4617  section shall be conducted in Tallahassee A hearing shall be
 4618  held in the county in which the violation, omission, failure, or
 4619  refusal is alleged to have occurred, unless otherwise agreed to
 4620  by the firefighter employer and authorized by the division. All
 4621  penalties assessed and collected under this section shall be
 4622  deposited in the Insurance Regulatory Trust Fund.
 4623         Section 86. Section 633.812, Florida Statutes, is
 4624  transferred and renumbered as section 633.528, Florida Statutes,
 4625  and subsections (2) and (3) of that section are amended, to
 4626  read:
 4627         633.528 633.812 Division cooperation with Federal
 4628  Government; exemption from requirements for private firefighter
 4629  employers.—
 4630         (2) Except as provided in this section, A private
 4631  firefighter employer is not subject to the requirements set
 4632  forth in part IV and this part of the division if the private
 4633  firefighter employer meets the requirements of this part and:
 4634         (a) The private firefighter employer is subject to the
 4635  federal regulations in 29 C.F.R. ss. 1910 and 1926.
 4636         (b) The private firefighter employer has adopted and
 4637  implemented a written safety program that conforms to the
 4638  requirements of 29 C.F.R. ss. 1910 and 1926.
 4639         (c) A private firefighter employer with 20 or more full
 4640  time firefighter employees shall include provisions for a safety
 4641  committee in the safety program. The safety committee shall
 4642  include firefighter employee representation and shall meet at
 4643  least once each calendar quarter. The private firefighter
 4644  employer shall make adequate records of each meeting and
 4645  maintain the records subject to inspections under subsection
 4646  (3). The safety committee shall, if appropriate, make
 4647  recommendations regarding improvements to the safety program and
 4648  corrections of hazards affecting workplace safety.
 4649         (c)(d) The private firefighter employer provides the
 4650  division with a written statement that certifies compliance with
 4651  this subsection.
 4652         (3) The division may enter at any reasonable time any place
 4653  of private firefighter employment for the purpose of verifying
 4654  the accuracy of the written certification. If the division
 4655  determines that the private firefighter employer has not
 4656  complied with the requirements of subsection (2), the private
 4657  firefighter employer shall be subject to the rules of the
 4658  division until the private firefighter employer complies with
 4659  subsection (2), which must be verified by a reinspection by and
 4660  recertifies that fact to the division.
 4661         Section 87. Section 633.816, Florida Statutes, is
 4662  transferred, renumbered as section 633.532, Florida Statutes,
 4663  and amended to read:
 4664         633.532 633.816 Firefighter employee rights and
 4665  responsibilities.—
 4666         (1) Each firefighter employee of a firefighter employer
 4667  covered under this part ss. 633.801-633.821 shall comply with
 4668  rules adopted by the division and with reasonable workplace
 4669  safety and health standards, rules, policies, procedures, and
 4670  work practices established by the firefighter employer and the
 4671  workplace safety committee. A firefighter employee who knowingly
 4672  fails to comply with this subsection may be disciplined or
 4673  discharged by the firefighter employer.
 4674         (2) A firefighter employer may not discharge, threaten to
 4675  discharge, cause to be discharged, intimidate, coerce, otherwise
 4676  discipline, or in any manner discriminate against a firefighter
 4677  employee for any of the following reasons:
 4678         (a) The firefighter employee has testified or is about to
 4679  testify, on her or his own behalf or on behalf of others, in any
 4680  proceeding instituted under this part ss. 633.801-633.821;
 4681         (b) The firefighter employee has exercised any other right
 4682  given afforded under this part ss. 633.801-633.821; or
 4683         (c) The firefighter employee is engaged in activities
 4684  relating to the workplace safety committee.
 4685         (3) No Pay, a position, seniority, or any other benefit may
 4686  not be lost for exercising any right under, or for seeking
 4687  compliance with any requirement of, this part ss. 633.801
 4688  633.821.
 4689         Section 88. Section 633.818, Florida Statutes, is
 4690  transferred, renumbered as section 633.534, Florida Statutes,
 4691  and amended to read:
 4692         633.534 633.818 False, fictitious, or fraudulent acts,
 4693  statements, and representations prohibited; penalty; statute of
 4694  limitations to insurers.—
 4695         (1) A firefighter employer who knowingly and willfully
 4696  falsifies or conceals a material fact, who makes a false,
 4697  fictitious, or fraudulent statement or representation, or who
 4698  makes or uses any false document knowing the document to contain
 4699  any false, fictitious, or fraudulent entry or statement to an
 4700  insurer of workers’ compensation insurance under this part ss.
 4701  633.801-633.821 commits a misdemeanor of the second degree,
 4702  punishable as provided in s. 775.082 or s. 775.083.
 4703         (2) A person may not, in any matter within the jurisdiction
 4704  of the division, knowingly and willfully falsify or conceal a
 4705  material fact; make any false, fictitious, or fraudulent
 4706  statement or representation; or make or use any false document,
 4707  knowing the same to contain any false, fictitious, or fraudulent
 4708  statement or entry. A person who violates this section commits a
 4709  misdemeanor of the second degree, punishable as provided in s.
 4710  775.082 or s. 775.083. The statute of limitations for
 4711  prosecution of an act committed in violation of this section is
 4712  5 years after the date the act was committed or, if not
 4713  discovered within 30 days after the act was committed, 5 years
 4714  after the date the act was discovered.
 4715         Section 89. Section 633.814, Florida Statutes, is
 4716  transferred, renumbered as section 633.536, Florida Statutes,
 4717  and amended to read:
 4718         633.536 633.814 Expenses of administration.—The amounts
 4719  that are needed to administer this part ss. 633.801-633.821
 4720  shall be disbursed from the Insurance Regulatory Trust Fund.
 4721         Section 90. Paragraph (b) of subsection (2) of section
 4722  112.011, Florida Statutes, is amended to read:
 4723         112.011 Disqualification from licensing and public
 4724  employment based on criminal conviction.—
 4725         (2)
 4726         (b) This section does not apply to the employment practices
 4727  of any fire department relating to the hiring of firefighters.
 4728  An applicant for employment with any fire department who has a
 4729  prior felony conviction shall be excluded from employment for a
 4730  period of 4 years after expiration of sentence or final release
 4731  by the Parole Commission unless the applicant, before the
 4732  expiration of the 4-year period, has received a full pardon or
 4733  has had his or her civil rights restored.
 4734         Section 91. Paragraph (i) of subsection (2) of section
 4735  112.191, Florida Statutes, is amended, and paragraphs (a), (b),
 4736  and (c) of subsection (2) of that section are reenacted, to
 4737  read:
 4738         112.191 Firefighters; death benefits.—
 4739         (2)(a) The sum of $50,000, as adjusted pursuant to
 4740  paragraph (i), shall be paid as provided in this section when a
 4741  firefighter, while engaged in the performance of his or her
 4742  firefighter duties, is accidentally killed or receives
 4743  accidental bodily injury which subsequently results in the loss
 4744  of the firefighter’s life, provided that such killing is not the
 4745  result of suicide and that such bodily injury is not
 4746  intentionally self-inflicted. Notwithstanding any other
 4747  provision of law, in no case shall the amount payable under this
 4748  subsection be less than the actual amount stated therein.
 4749         (b) The sum of $50,000, as adjusted pursuant to paragraph
 4750  (i), shall be paid as provided in this section if a firefighter
 4751  is accidentally killed as specified in paragraph (a) and the
 4752  accidental death occurs as a result of the firefighter’s
 4753  response to what is reasonably believed to be an emergency
 4754  involving the protection of life or property or the
 4755  firefighter’s participation in a training exercise. This sum is
 4756  in addition to any sum provided in paragraph (a).
 4757  Notwithstanding any other provision of law, the amount payable
 4758  under this subsection may not be less than the actual amount
 4759  stated therein.
 4760         (c) If a firefighter, while engaged in the performance of
 4761  his or her firefighter duties, is unlawfully and intentionally
 4762  killed, is injured by an unlawful and intentional act of another
 4763  person and dies as a result of such injury, dies as a result of
 4764  a fire which has been determined to have been caused by an act
 4765  of arson, or subsequently dies as a result of injuries sustained
 4766  therefrom, the sum of $150,000, as adjusted pursuant to
 4767  paragraph (i), shall be paid as provided in this section.
 4768  Notwithstanding any other provision of law, the amount payable
 4769  under this subsection may not be less than the actual amount
 4770  stated therein.
 4771         (i) Any payments made pursuant to paragraph (a), paragraph
 4772  (b), or paragraph (c) shall consist of the statutory amount
 4773  adjusted to show reflect price level changes in the Consumer
 4774  Price Index for All Urban Consumers published by the United
 4775  States Department of Labor since July 1, 2002 the effective date
 4776  of the act. The Division of State Fire Marshal, using the most
 4777  recent month for which Consumer Price Index data is available,
 4778  shall, on June 15 of each year, calculate and publish on the
 4779  division’s internet website the amount resulting from the
 4780  adjustments to by rule adjust the statutory amounts amount based
 4781  on the Consumer Price Index for All Urban Consumers published by
 4782  the United States Department of Labor. The adjusted statutory
 4783  amounts Adjustment shall be effective on made July 1 of each
 4784  year using the most recent month for which data are available at
 4785  the time of the adjustment.
 4786         Section 92. Subsection (4) of section 120.541, Florida
 4787  Statutes, as amended by section 1 of chapter 2011-222, 2011 Laws
 4788  of Florida, is amended to read:
 4789         120.541 Statement of estimated regulatory costs.—
 4790         (4) Subsection (3) does not apply to the adoption of:
 4791         (a) Federal standards pursuant to s. 120.54(6).
 4792         (b) Triennial updates of and amendments to the Florida
 4793  Building Code which are expressly authorized by s. 553.73.
 4794         (c) Triennial updates of and amendments to the Florida Fire
 4795  Prevention Code which are expressly authorized by s. 633.202 s.
 4796  633.0215.
 4797         Section 93. Paragraph (c) of subsection (6) of section
 4798  196.081, Florida Statutes, as amended by section 2 of chapter
 4799  2012-54, Laws of Florida, and section 19 of chapter 2012-193,
 4800  Laws of Florida, is amended to read:
 4801         196.081 Exemption for certain permanently and totally
 4802  disabled veterans and for surviving spouses of veterans
 4803  exemption for surviving spouses of first responders who die in
 4804  the line of duty.—
 4805         (6) Any real estate that is owned and used as a homestead
 4806  by the surviving spouse of a first responder who died in the
 4807  line of duty while employed by the state or any political
 4808  subdivision of the state, including authorities and special
 4809  districts, and for whom a letter from the state or appropriate
 4810  political subdivision of the state, or other authority or
 4811  special district, has been issued which legally recognizes and
 4812  certifies that the first responder died in the line of duty
 4813  while employed as a first responder is exempt from taxation if
 4814  the first responder and his or her surviving spouse were
 4815  permanent residents of this state on January 1 of the year in
 4816  which the first responder died.
 4817         (c) As used in this subsection only, and not applicable to
 4818  the payment of benefits under s. 112.19 or s. 112.191, the term:
 4819         1. “First responder” means a law enforcement officer or
 4820  correctional officer as defined in s. 943.10, a firefighter as
 4821  defined in s. 633.102 s. 633.30, or an emergency medical
 4822  technician or paramedic as defined in s. 401.23 who is a full
 4823  time paid employee, part-time paid employee, or unpaid
 4824  volunteer.
 4825         2. “In the line of duty” means:
 4826         a. While engaging in law enforcement;
 4827         b. While performing an activity relating to fire
 4828  suppression and prevention;
 4829         c. While responding to a hazardous material emergency;
 4830         d. While performing rescue activity;
 4831         e. While providing emergency medical services;
 4832         f. While performing disaster relief activity;
 4833         g. While otherwise engaging in emergency response activity;
 4834  or
 4835         h. While engaging in a training exercise related to any of
 4836  the events or activities enumerated in this subparagraph if the
 4837  training has been authorized by the employing entity.
 4838  
 4839  A heart attack or stroke that causes death or causes an injury
 4840  resulting in death must occur within 24 hours after an event or
 4841  activity enumerated in this subparagraph and must be directly
 4842  and proximately caused by the event or activity in order to be
 4843  considered as having occurred in the line of duty.
 4844         Section 94. Section 633.024, Florida Statutes, is repealed.
 4845         Section 95. Section 633.0245, Florida Statutes, is
 4846  repealed.
 4847         Section 96. Section 633.03, Florida Statutes, is repealed.
 4848         Section 97. Section 633.0421, Florida Statutes, is
 4849  repealed.
 4850         Section 98. Section 633.13, Florida Statutes, is repealed.
 4851         Section 99. Section 633.167, Florida Statutes, is repealed.
 4852         Section 100. Section 633.18, Florida Statutes, is repealed.
 4853         Section 101. Section 633.30, Florida Statutes, is repealed.
 4854         Section 102. Section 633.32, Florida Statutes, is repealed.
 4855         Section 103. Section 633.33, Florida Statutes, is repealed.
 4856         Section 104. Section 633.37, Florida Statutes, is repealed.
 4857         Section 105. Section 633.445, Florida Statutes, is
 4858  repealed.
 4859         Section 106. Section 633.514, Florida Statutes, is
 4860  repealed.
 4861         Section 107. Section 633.517, Florida Statutes, is
 4862  repealed.
 4863         Section 108. Section 633.524, Florida Statutes, is
 4864  repealed.
 4865         Section 109. Section 633.804, Florida Statutes, is
 4866  repealed.
 4867         Section 110. Section 633.808, Florida Statutes, is
 4868  repealed.
 4869         Section 111. Section 633.810, Florida Statutes, is
 4870  repealed.
 4871         Section 112. Section 633.813, Florida Statutes, is
 4872  repealed.
 4873         Section 113. Section 633.815, Florida Statutes, is
 4874  repealed.
 4875         Section 114. Section 633.819, Florida Statutes, is
 4876  repealed.
 4877         Section 115. Section 633.820, Florida Statutes, is
 4878  repealed.
 4879         Section 116. Subsection (1) of section 112.1815, Florida
 4880  Statutes, is amended to read:
 4881         112.1815 Firefighters, paramedics, emergency medical
 4882  technicians, and law enforcement officers; special provisions
 4883  for employment-related accidents and injuries.—
 4884         (1) The term “first responder” as used in this section
 4885  means a law enforcement officer as defined in s. 943.10, a
 4886  firefighter as defined in s. 633.102 633.30, or an emergency
 4887  medical technician or paramedic as defined in s. 401.23 employed
 4888  by state or local government. A volunteer law enforcement
 4889  officer, firefighter, or emergency medical technician or
 4890  paramedic engaged by the state or a local government is also
 4891  considered a first responder of the state or local government
 4892  for purposes of this section.
 4893         Section 117. Paragraph (b) of subsection (1) of section
 4894  112.191, Florida Statutes, is amended to read:
 4895         112.191 Firefighters; death benefits.—
 4896         (1) Whenever used in this act:
 4897         (b) The term “firefighter” means any full-time duly
 4898  employed uniformed firefighter employed by an employer, whose
 4899  primary duty is the prevention and extinguishing of fires, the
 4900  protection of life and property therefrom, the enforcement of
 4901  municipal, county, and state fire prevention codes, as well as
 4902  the enforcement of any law pertaining to the prevention and
 4903  control of fires, who is certified pursuant to s. 633.408
 4904  633.35, and who is a member of a duly constituted fire
 4905  department of such employer or who is a volunteer firefighter.
 4906         Section 118. Subsection (1) of section 112.81, Florida
 4907  Statutes, is amended to read:
 4908         112.81 Definitions.—As used in this part:
 4909         (1) “Firefighter” means a any person who is certified in
 4910  compliance with s. 633.408 633.35 and who is employed solely
 4911  within the fire department or public safety department of an
 4912  employing agency as a full-time firefighter whose primary
 4913  responsibility is the prevention and extinguishment of fires;
 4914  the protection of life and property; and the enforcement of
 4915  municipal, county, and state fire prevention codes and laws
 4916  pertaining to the prevention and control of fires.
 4917         Section 119. Paragraph (d) of subsection (4) of section
 4918  119.071, Florida Statutes, is amended to read:
 4919         119.071 General exemptions from inspection or copying of
 4920  public records.—
 4921         (4) AGENCY PERSONNEL INFORMATION.—
 4922         (d)1. For purposes of this paragraph, the term “telephone
 4923  numbers” includes home telephone numbers, personal cellular
 4924  telephone numbers, personal pager telephone numbers, and
 4925  telephone numbers associated with personal communications
 4926  devices.
 4927         2.a. The home addresses, telephone numbers, social security
 4928  numbers, dates of birth, and photographs of active or former
 4929  sworn or civilian law enforcement personnel, including
 4930  correctional and correctional probation officers, personnel of
 4931  the Department of Children and Family Services whose duties
 4932  include the investigation of abuse, neglect, exploitation,
 4933  fraud, theft, or other criminal activities, personnel of the
 4934  Department of Health whose duties are to support the
 4935  investigation of child abuse or neglect, and personnel of the
 4936  Department of Revenue or local governments whose
 4937  responsibilities include revenue collection and enforcement or
 4938  child support enforcement; the home addresses, telephone
 4939  numbers, social security numbers, photographs, dates of birth,
 4940  and places of employment of the spouses and children of such
 4941  personnel; and the names and locations of schools and day care
 4942  facilities attended by the children of such personnel are exempt
 4943  from s. 119.07(1).
 4944         b. The home addresses, telephone numbers, dates of birth,
 4945  and photographs of firefighters certified in compliance with s.
 4946  633.408 633.35; the home addresses, telephone numbers,
 4947  photographs, dates of birth, and places of employment of the
 4948  spouses and children of such firefighters; and the names and
 4949  locations of schools and day care facilities attended by the
 4950  children of such firefighters are exempt from s. 119.07(1).
 4951         c. The home addresses, dates of birth, and telephone
 4952  numbers of current or former justices of the Supreme Court,
 4953  district court of appeal judges, circuit court judges, and
 4954  county court judges; the home addresses, telephone numbers,
 4955  dates of birth, and places of employment of the spouses and
 4956  children of current or former justices and judges; and the names
 4957  and locations of schools and day care facilities attended by the
 4958  children of current or former justices and judges are exempt
 4959  from s. 119.07(1).
 4960         d. The home addresses, telephone numbers, social security
 4961  numbers, dates of birth, and photographs of current or former
 4962  state attorneys, assistant state attorneys, statewide
 4963  prosecutors, or assistant statewide prosecutors; the home
 4964  addresses, telephone numbers, social security numbers,
 4965  photographs, dates of birth, and places of employment of the
 4966  spouses and children of current or former state attorneys,
 4967  assistant state attorneys, statewide prosecutors, or assistant
 4968  statewide prosecutors; and the names and locations of schools
 4969  and day care facilities attended by the children of current or
 4970  former state attorneys, assistant state attorneys, statewide
 4971  prosecutors, or assistant statewide prosecutors are exempt from
 4972  s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
 4973         e. The home addresses, dates of birth, and telephone
 4974  numbers of general magistrates, special magistrates, judges of
 4975  compensation claims, administrative law judges of the Division
 4976  of Administrative Hearings, and child support enforcement
 4977  hearing officers; the home addresses, telephone numbers, dates
 4978  of birth, and places of employment of the spouses and children
 4979  of general magistrates, special magistrates, judges of
 4980  compensation claims, administrative law judges of the Division
 4981  of Administrative Hearings, and child support enforcement
 4982  hearing officers; and the names and locations of schools and day
 4983  care facilities attended by the children of general magistrates,
 4984  special magistrates, judges of compensation claims,
 4985  administrative law judges of the Division of Administrative
 4986  Hearings, and child support enforcement hearing officers are
 4987  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 4988  Constitution if the general magistrate, special magistrate,
 4989  judge of compensation claims, administrative law judge of the
 4990  Division of Administrative Hearings, or child support hearing
 4991  officer provides a written statement that the general
 4992  magistrate, special magistrate, judge of compensation claims,
 4993  administrative law judge of the Division of Administrative
 4994  Hearings, or child support hearing officer has made reasonable
 4995  efforts to protect such information from being accessible
 4996  through other means available to the public.
 4997         f. The home addresses, telephone numbers, dates of birth,
 4998  and photographs of current or former human resource, labor
 4999  relations, or employee relations directors, assistant directors,
 5000  managers, or assistant managers of any local government agency
 5001  or water management district whose duties include hiring and
 5002  firing employees, labor contract negotiation, administration, or
 5003  other personnel-related duties; the names, home addresses,
 5004  telephone numbers, dates of birth, and places of employment of
 5005  the spouses and children of such personnel; and the names and
 5006  locations of schools and day care facilities attended by the
 5007  children of such personnel are exempt from s. 119.07(1) and s.
 5008  24(a), Art. I of the State Constitution.
 5009         g. The home addresses, telephone numbers, dates of birth,
 5010  and photographs of current or former code enforcement officers;
 5011  the names, home addresses, telephone numbers, dates of birth,
 5012  and places of employment of the spouses and children of such
 5013  personnel; and the names and locations of schools and day care
 5014  facilities attended by the children of such personnel are exempt
 5015  from s. 119.07(1) and s. 24(a), Art. I of the State
 5016  Constitution.
 5017         h. The home addresses, telephone numbers, places of
 5018  employment, dates of birth, and photographs of current or former
 5019  guardians ad litem, as defined in s. 39.820; the names, home
 5020  addresses, telephone numbers, dates of birth, and places of
 5021  employment of the spouses and children of such persons; and the
 5022  names and locations of schools and day care facilities attended
 5023  by the children of such persons are exempt from s. 119.07(1) and
 5024  s. 24(a), Art. I of the State Constitution, if the guardian ad
 5025  litem provides a written statement that the guardian ad litem
 5026  has made reasonable efforts to protect such information from
 5027  being accessible through other means available to the public.
 5028         i. The home addresses, telephone numbers, dates of birth,
 5029  and photographs of current or former juvenile probation
 5030  officers, juvenile probation supervisors, detention
 5031  superintendents, assistant detention superintendents, juvenile
 5032  justice detention officers I and II, juvenile justice detention
 5033  officer supervisors, juvenile justice residential officers,
 5034  juvenile justice residential officer supervisors I and II,
 5035  juvenile justice counselors, juvenile justice counselor
 5036  supervisors, human services counselor administrators, senior
 5037  human services counselor administrators, rehabilitation
 5038  therapists, and social services counselors of the Department of
 5039  Juvenile Justice; the names, home addresses, telephone numbers,
 5040  dates of birth, and places of employment of spouses and children
 5041  of such personnel; and the names and locations of schools and
 5042  day care facilities attended by the children of such personnel
 5043  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5044  Constitution.
 5045         j. The home addresses, telephone numbers, dates of birth,
 5046  and photographs of current or former public defenders, assistant
 5047  public defenders, criminal conflict and civil regional counsel,
 5048  and assistant criminal conflict and civil regional counsel; the
 5049  home addresses, telephone numbers, dates of birth, and places of
 5050  employment of the spouses and children of such defenders or
 5051  counsel; and the names and locations of schools and day care
 5052  facilities attended by the children of such defenders or counsel
 5053  are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5054  Constitution.
 5055         k. The home addresses, telephone numbers, and photographs
 5056  of current or former investigators or inspectors of the
 5057  Department of Business and Professional Regulation; the names,
 5058  home addresses, telephone numbers, and places of employment of
 5059  the spouses and children of such current or former investigators
 5060  and inspectors; and the names and locations of schools and day
 5061  care facilities attended by the children of such current or
 5062  former investigators and inspectors are exempt from s. 119.07(1)
 5063  and s. 24(a), Art. I of the State Constitution if the
 5064  investigator or inspector has made reasonable efforts to protect
 5065  such information from being accessible through other means
 5066  available to the public. This sub-subparagraph is subject to the
 5067  Open Government Sunset Review Act in accordance with s. 119.15
 5068  and shall stand repealed on October 2, 2017, unless reviewed and
 5069  saved from repeal through reenactment by the Legislature.
 5070         l. The home addresses and telephone numbers of county tax
 5071  collectors; the names, home addresses, telephone numbers, and
 5072  places of employment of the spouses and children of such tax
 5073  collectors; and the names and locations of schools and day care
 5074  facilities attended by the children of such tax collectors are
 5075  exempt from s. 119.07(1) and s. 24(a), Art. I of the State
 5076  Constitution if the county tax collector has made reasonable
 5077  efforts to protect such information from being accessible
 5078  through other means available to the public. This sub
 5079  subparagraph is subject to the Open Government Sunset Review Act
 5080  in accordance with s. 119.15 and shall stand repealed on October
 5081  2, 2017, unless reviewed and saved from repeal through
 5082  reenactment by the Legislature.
 5083         3. An agency that is the custodian of the information
 5084  specified in subparagraph 2. and that is not the employer of the
 5085  officer, employee, justice, judge, or other person specified in
 5086  subparagraph 2. shall maintain the exempt status of that
 5087  information only if the officer, employee, justice, judge, other
 5088  person, or employing agency of the designated employee submits a
 5089  written request for maintenance of the exemption to the
 5090  custodial agency.
 5091         4. The exemptions in this paragraph apply to information
 5092  held by an agency before, on, or after the effective date of the
 5093  exemption.
 5094         5. This paragraph is subject to the Open Government Sunset
 5095  Review Act in accordance with s. 119.15, and shall stand
 5096  repealed on October 2, 2017, unless reviewed and saved from
 5097  repeal through reenactment by the Legislature.
 5098         Section 120. Subsection (17) of section 120.80, Florida
 5099  Statutes, is amended to read:
 5100         120.80 Exceptions and special requirements; agencies.—
 5101         (17) STATE FIRE MARSHAL.—Section 120.541(3) does not apply
 5102  to the adoption of amendments and the triennial update to the
 5103  Florida Fire Prevention Code expressly authorized by s. 633.202
 5104  633.0215.
 5105         Section 121. Subsection (3) and paragraph (a) of subsection
 5106  (6) of section 121.0515, Florida Statutes, are amended to read:
 5107         121.0515 Special Risk Class.—
 5108         (3) CRITERIA.—A member, to be designated as a special risk
 5109  member, must meet the following criteria:
 5110         (a) Effective October 1, 1978, the member must be employed
 5111  as a law enforcement officer and be certified, or required to be
 5112  certified, in compliance with s. 943.1395; however, sheriffs and
 5113  elected police chiefs are excluded from meeting the
 5114  certification requirements of this paragraph. In addition, the
 5115  member’s duties and responsibilities must include the pursuit,
 5116  apprehension, and arrest of law violators or suspected law
 5117  violators; or as of July 1, 1982, the member must be an active
 5118  member of a bomb disposal unit whose primary responsibility is
 5119  the location, handling, and disposal of explosive devices; or
 5120  the member must be the supervisor or command officer of a member
 5121  or members who have such responsibilities. Administrative
 5122  support personnel, including, but not limited to, those whose
 5123  primary duties and responsibilities are in accounting,
 5124  purchasing, legal, and personnel, are not included;
 5125         (b) Effective October 1, 1978, the member must be employed
 5126  as a firefighter and be certified, or required to be certified,
 5127  in compliance with s. 633.408 633.35 and be employed solely
 5128  within the fire department of a local government employer or an
 5129  agency of state government with firefighting responsibilities.
 5130  In addition, the member’s duties and responsibilities must
 5131  include on-the-scene fighting of fires; as of October 1, 2001,
 5132  fire prevention or firefighter training; as of October 1, 2001,
 5133  direct supervision of firefighting units, fire prevention, or
 5134  firefighter training; or as of July 1, 2001, aerial firefighting
 5135  surveillance performed by fixed-wing aircraft pilots employed by
 5136  the Florida Forest Service of the Department of Agriculture and
 5137  Consumer Services; or the member must be the supervisor or
 5138  command officer of a member or members who have such
 5139  responsibilities. Administrative support personnel, including,
 5140  but not limited to, those whose primary duties and
 5141  responsibilities are in accounting, purchasing, legal, and
 5142  personnel, are not included. All periods of creditable service
 5143  in fire prevention or firefighter training, or as the supervisor
 5144  or command officer of a member or members who have such
 5145  responsibilities, and for which the employer paid the special
 5146  risk contribution rate, are included;
 5147         (c) Effective October 1, 1978, the member must be employed
 5148  as a correctional officer and be certified, or required to be
 5149  certified, in compliance with s. 943.1395. In addition, the
 5150  member’s primary duties and responsibilities must be the
 5151  custody, and physical restraint when necessary, of prisoners or
 5152  inmates within a prison, jail, or other criminal detention
 5153  facility, or while on work detail outside the facility, or while
 5154  being transported; or as of July 1, 1984, the member must be the
 5155  supervisor or command officer of a member or members who have
 5156  such responsibilities. Administrative support personnel,
 5157  including, but not limited to, those whose primary duties and
 5158  responsibilities are in accounting, purchasing, legal, and
 5159  personnel, are not included; however, wardens and assistant
 5160  wardens, as defined by rule, are included;
 5161         (d) Effective October 1, 1999, the member must be employed
 5162  by a licensed Advance Life Support (ALS) or Basic Life Support
 5163  (BLS) employer as an emergency medical technician or a paramedic
 5164  and be certified in compliance with s. 401.27. In addition, the
 5165  member’s primary duties and responsibilities must include on
 5166  the-scene emergency medical care or as of October 1, 2001,
 5167  direct supervision of emergency medical technicians or
 5168  paramedics, or the member must be the supervisor or command
 5169  officer of one or more members who have such responsibility.
 5170  Administrative support personnel, including, but not limited to,
 5171  those whose primary responsibilities are in accounting,
 5172  purchasing, legal, and personnel, are not included;
 5173         (e) Effective January 1, 2001, the member must be employed
 5174  as a community-based correctional probation officer and be
 5175  certified, or required to be certified, in compliance with s.
 5176  943.1395. In addition, the member’s primary duties and
 5177  responsibilities must be the supervised custody, surveillance,
 5178  control, investigation, and counseling of assigned inmates,
 5179  probationers, parolees, or community controllees within the
 5180  community; or the member must be the supervisor of a member or
 5181  members who have such responsibilities. Administrative support
 5182  personnel, including, but not limited to, those whose primary
 5183  duties and responsibilities are in accounting, purchasing, legal
 5184  services, and personnel management, are not included; however,
 5185  probation and parole circuit and deputy circuit administrators
 5186  are included;
 5187         (f) Effective January 1, 2001, the member must be employed
 5188  in one of the following classes and must spend at least 75
 5189  percent of his or her time performing duties which involve
 5190  contact with patients or inmates in a correctional or forensic
 5191  facility or institution:
 5192         1. Dietitian (class codes 5203 and 5204);
 5193         2. Public health nutrition consultant (class code 5224);
 5194         3. Psychological specialist (class codes 5230 and 5231);
 5195         4. Psychologist (class code 5234);
 5196         5. Senior psychologist (class codes 5237 and 5238);
 5197         6. Regional mental health consultant (class code 5240);
 5198         7. Psychological Services Director—DCF (class code 5242);
 5199         8. Pharmacist (class codes 5245 and 5246);
 5200         9. Senior pharmacist (class codes 5248 and 5249);
 5201         10. Dentist (class code 5266);
 5202         11. Senior dentist (class code 5269);
 5203         12. Registered nurse (class codes 5290 and 5291);
 5204         13. Senior registered nurse (class codes 5292 and 5293);
 5205         14. Registered nurse specialist (class codes 5294 and
 5206  5295);
 5207         15. Clinical associate (class codes 5298 and 5299);
 5208         16. Advanced registered nurse practitioner (class codes
 5209  5297 and 5300);
 5210         17. Advanced registered nurse practitioner specialist
 5211  (class codes 5304 and 5305);
 5212         18. Registered nurse supervisor (class codes 5306 and
 5213  5307);
 5214         19. Senior registered nurse supervisor (class codes 5308
 5215  and 5309);
 5216         20. Registered nursing consultant (class codes 5312 and
 5217  5313);
 5218         21. Quality management program supervisor (class code
 5219  5314);
 5220         22. Executive nursing director (class codes 5320 and 5321);
 5221         23. Speech and hearing therapist (class code 5406); or
 5222         24. Pharmacy manager (class code 5251);
 5223         (g) Effective July 1, 2001, the member must be employed as
 5224  a youth custody officer and be certified, or required to be
 5225  certified, in compliance with s. 943.1395. In addition, the
 5226  member’s primary duties and responsibilities must be the
 5227  supervised custody, surveillance, control, investigation,
 5228  apprehension, arrest, and counseling of assigned juveniles
 5229  within the community;
 5230         (h) Effective October 1, 2005, through June 30, 2008, the
 5231  member must be employed by a law enforcement agency or medical
 5232  examiner’s office in a forensic discipline recognized by the
 5233  International Association for Identification and must qualify
 5234  for active membership in the International Association for
 5235  Identification. The member’s primary duties and responsibilities
 5236  must include the collection, examination, preservation,
 5237  documentation, preparation, or analysis of physical evidence or
 5238  testimony, or both, or the member must be the direct supervisor,
 5239  quality management supervisor, or command officer of one or more
 5240  individuals with such responsibility. Administrative support
 5241  personnel, including, but not limited to, those whose primary
 5242  responsibilities are clerical or in accounting, purchasing,
 5243  legal, and personnel, are not included;
 5244         (i) Effective July 1, 2008, the member must be employed by
 5245  the Department of Law Enforcement in the crime laboratory or by
 5246  the Division of State Fire Marshal in the forensic laboratory in
 5247  one of the following classes:
 5248         1. Forensic technologist (class code 8459);
 5249         2. Crime laboratory technician (class code 8461);
 5250         3. Crime laboratory analyst (class code 8463);
 5251         4. Senior crime laboratory analyst (class code 8464);
 5252         5. Crime laboratory analyst supervisor (class code 8466);
 5253         6. Forensic chief (class code 9602); or
 5254         7. Forensic services quality manager (class code 9603);
 5255         (j) Effective July 1, 2008, the member must be employed by
 5256  a local government law enforcement agency or medical examiner’s
 5257  office and must spend at least 65 percent of his or her time
 5258  performing duties that involve the collection, examination,
 5259  preservation, documentation, preparation, or analysis of human
 5260  tissues or fluids or physical evidence having potential
 5261  biological, chemical, or radiological hazard or contamination,
 5262  or use chemicals, processes, or materials that may have
 5263  carcinogenic or health-damaging properties in the analysis of
 5264  such evidence, or the member must be the direct supervisor of
 5265  one or more individuals having such responsibility. If a special
 5266  risk member changes to another position within the same agency,
 5267  he or she must submit a complete application as provided in
 5268  paragraph (4)(a); or
 5269         (k) The member must have already qualified for and be
 5270  actively participating in special risk membership under
 5271  paragraph (a), paragraph (b), or paragraph (c), must have
 5272  suffered a qualifying injury as defined in this paragraph, must
 5273  not be receiving disability retirement benefits as provided in
 5274  s. 121.091(4), and must satisfy the requirements of this
 5275  paragraph.
 5276         1. The ability to qualify for the class of membership
 5277  defined in paragraph (2)(i) occurs when two licensed medical
 5278  physicians, one of whom is a primary treating physician of the
 5279  member, certify the existence of the physical injury and medical
 5280  condition that constitute a qualifying injury as defined in this
 5281  paragraph and that the member has reached maximum medical
 5282  improvement after August 1, 2008. The certifications from the
 5283  licensed medical physicians must include, at a minimum, that the
 5284  injury to the special risk member has resulted in a physical
 5285  loss, or loss of use, of at least two of the following: left
 5286  arm, right arm, left leg, or right leg; and:
 5287         a. That this physical loss or loss of use is total and
 5288  permanent, except if in the event that the loss of use is due to
 5289  a physical injury to the member’s brain, in which event the loss
 5290  of use is permanent with at least 75 percent loss of motor
 5291  function with respect to each arm or leg affected.
 5292         b. That this physical loss or loss of use renders the
 5293  member physically unable to perform the essential job functions
 5294  of his or her special risk position.
 5295         c. That, notwithstanding this physical loss or loss of use,
 5296  the individual can is able to perform the essential job
 5297  functions required by the member’s new position, as provided in
 5298  subparagraph 3.
 5299         d. That use of artificial limbs is either not possible or
 5300  does not alter the member’s ability to perform the essential job
 5301  functions of the member’s position.
 5302         e. That the physical loss or loss of use is a direct result
 5303  of a physical injury and not a result of any mental,
 5304  psychological, or emotional injury.
 5305         2. For the purposes of this paragraph, “qualifying injury”
 5306  means an injury sustained in the line of duty, as certified by
 5307  the member’s employing agency, by a special risk member that
 5308  does not result in total and permanent disability as defined in
 5309  s. 121.091(4)(b). An injury is a qualifying injury if the injury
 5310  is a physical injury to the member’s physical body resulting in
 5311  a physical loss, or loss of use, of at least two of the
 5312  following: left arm, right arm, left leg, or right leg.
 5313  Notwithstanding any other provision of this section, an injury
 5314  that would otherwise qualify as a qualifying injury is not
 5315  considered a qualifying injury if and when the member ceases
 5316  employment with the employer for whom he or she was providing
 5317  special risk services on the date the injury occurred.
 5318         3. The new position, as described in sub-subparagraph 1.c.,
 5319  that is required for qualification as a special risk member
 5320  under this paragraph is not required to be a position with
 5321  essential job functions that entitle an individual to special
 5322  risk membership. Whether a new position as described in sub
 5323  subparagraph 1.c. exists and is available to the special risk
 5324  member is a decision to be made solely by the employer in
 5325  accordance with its hiring practices and applicable law.
 5326         4. This paragraph does not grant or create additional
 5327  rights for any individual to continued employment or to be hired
 5328  or rehired by his or her employer that are not already provided
 5329  within the Florida Statutes, the State Constitution, the
 5330  Americans with Disabilities Act, if applicable, or any other
 5331  applicable state or federal law.
 5332         (6) CREDIT FOR PAST SERVICE.—A special risk member may
 5333  purchase retirement credit in the Special Risk Class based upon
 5334  past service, and may upgrade retirement credit for such past
 5335  service, to the extent of 2 percent of the member’s average
 5336  monthly compensation as specified in s. 121.091(1)(a) for such
 5337  service as follows:
 5338         (a) The member may purchase special risk credit for past
 5339  service with a municipality or special district which has
 5340  elected to join the Florida Retirement System, or with a
 5341  participating agency to which a member’s governmental unit was
 5342  transferred, merged, or consolidated as provided in s.
 5343  121.081(1)(f), if the member was employed with the municipality
 5344  or special district when at the time it commenced participating
 5345  in the Florida Retirement System or with the governmental unit
 5346  at the time of its transfer, merger, or consolidation with the
 5347  participating agency. The service must satisfy the criteria set
 5348  forth in subsection (3) for Special Risk Class membership as a
 5349  law enforcement officer, firefighter, or correctional officer;
 5350  however, a certificate or waiver of certificate of compliance
 5351  with s. 943.1395 or s. 633.408 633.35 is not required for such
 5352  service.
 5353         Section 122. Paragraph (d) of subsection (1) of section
 5354  125.01, Florida Statutes, is amended to read:
 5355         125.01 Powers and duties.—
 5356         (1) The legislative and governing body of a county shall
 5357  have the power to carry on county government. To the extent not
 5358  inconsistent with general or special law, this power includes,
 5359  but is not restricted to, the power to:
 5360         (d) Provide fire protection, including the enforcement of
 5361  the Florida Fire Prevention Code, as provided in ss. 633.206
 5362  633.022 and 633.208 633.025, and adopt and enforce local
 5363  technical amendments to the Florida Fire Prevention Code as
 5364  provided in those sections and pursuant to s. 633.202 633.0215.
 5365         Section 123. Subsection (2) of section 125.01045, Florida
 5366  Statutes, is amended to read:
 5367         125.01045 Prohibition of fees for first responder
 5368  services.—
 5369         (2) As used in this section, the term “first responder”
 5370  means a law enforcement officer as defined in s. 943.10, a
 5371  firefighter as defined in s. 633.102 633.30, or an emergency
 5372  medical technician or paramedic as defined in s. 401.23 who is
 5373  employed by the state or a local government. A volunteer law
 5374  enforcement officer, firefighter, or emergency medical
 5375  technician or paramedic engaged by the state or a local
 5376  government is also considered a first responder of the state or
 5377  local government for purposes of this section.
 5378         Section 124. Subsection (1) of section 125.56, Florida
 5379  Statutes, is amended to read:
 5380         125.56 Enforcement and amendment of the Florida Building
 5381  Code and the Florida Fire Prevention Code; inspection fees;
 5382  inspectors; etc.—
 5383         (1) The board of county commissioners of each of the
 5384  several counties of the state may is authorized to enforce the
 5385  Florida Building Code and the Florida Fire Prevention Code, as
 5386  provided in ss. 553.80, 633.206 633.022, and 633.208 633.025,
 5387  and, at its discretion, to adopt local technical amendments to
 5388  the Florida Building Code, pursuant to s. 553.73(4)(b) and (c)
 5389  and local technical amendments to the Florida Fire Prevention
 5390  Code, pursuant to s. 633.202 633.0215, to provide for the safe
 5391  construction, erection, alteration, repair, securing, and
 5392  demolition of any building within its territory outside the
 5393  corporate limits of any municipality. Upon a determination to
 5394  consider amending the Florida Building Code or the Florida Fire
 5395  Prevention Code by a majority of the members of the board of
 5396  county commissioners of such county, the board shall call a
 5397  public hearing and comply with the public notice requirements of
 5398  s. 125.66(2). The board shall hear all interested parties at the
 5399  public hearing and may then amend the building code or the fire
 5400  code consistent with the terms and purposes of this act. Upon
 5401  adoption, an amendment to the code shall be in full force and
 5402  effect throughout the unincorporated area of such county until
 5403  otherwise notified by the Florida Building Commission pursuant
 5404  to s. 553.73 or the State Fire Marshal pursuant to s. 633.202
 5405  633.0215. Nothing herein contained shall be construed to prevent
 5406  the board of county commissioners from repealing such amendment
 5407  to the building code or the fire code at any regular meeting of
 5408  such board.
 5409         Section 125. Subsection (2) of section 166.0446, Florida
 5410  Statutes, is amended to read:
 5411         166.0446 Prohibition of fees for first responder services.—
 5412         (2) As used in this section, the term “first responder”
 5413  means a law enforcement officer as defined in s. 943.10, a
 5414  firefighter as defined in s. 633.102 633.30, or an emergency
 5415  medical technician or paramedic as defined in s. 401.23 who is
 5416  employed by the state or a local government. A volunteer law
 5417  enforcement officer, firefighter, or emergency medical
 5418  technician or paramedic engaged by the state or a local
 5419  government is also considered a first responder of the state or
 5420  local government for purposes of this section.
 5421         Section 126. Paragraph (a) of subsection (8) of section
 5422  175.032, Florida Statutes, is amended to read:
 5423         175.032 Definitions.—For any municipality, special fire
 5424  control district, chapter plan, local law municipality, local
 5425  law special fire control district, or local law plan under this
 5426  chapter, the following words and phrases have the following
 5427  meanings:
 5428         (8)(a) “Firefighter” means a any person employed solely by
 5429  a constituted fire department of any municipality or special
 5430  fire control district who is certified as a firefighter as a
 5431  condition of employment in accordance with s. 633.408 633.35 and
 5432  whose duty it is to extinguish fires, to protect life, or to
 5433  protect property. The term includes all certified, supervisory,
 5434  and command personnel whose duties include, in whole or in part,
 5435  the supervision, training, guidance, and management
 5436  responsibilities of full-time firefighters, part-time
 5437  firefighters, or auxiliary firefighters but does not include
 5438  part-time firefighters or auxiliary firefighters. However, for
 5439  purposes of this chapter only, the term also includes public
 5440  safety officers who are responsible for performing both police
 5441  and fire services, who are certified as police officers or
 5442  firefighters, and who are certified by their employers to the
 5443  Chief Financial Officer as participating in this chapter before
 5444  October 1, 1979. Effective October 1, 1979, public safety
 5445  officers who have not been certified as participating in this
 5446  chapter are considered police officers for retirement purposes
 5447  and are eligible to participate in chapter 185. Any plan may
 5448  provide that the fire chief has an option to participate, or
 5449  not, in that plan.
 5450         Section 127. Subsection (3) of section 175.121, Florida
 5451  Statutes, is amended to read:
 5452         175.121 Department of Revenue and Division of Retirement to
 5453  keep accounts of deposits; disbursements.—For any municipality
 5454  or special fire control district having a chapter or local law
 5455  plan established pursuant to this chapter:
 5456         (3)(a) All moneys not distributed to municipalities and
 5457  special fire control districts under this section as a result of
 5458  the limitation on disbursement contained in s. 175.122, or as a
 5459  result of any municipality or special fire control district not
 5460  having qualified in any given year, or portion thereof, shall be
 5461  transferred to the Firefighters’ Supplemental Compensation Trust
 5462  Fund administered by the Department of Revenue, as provided in
 5463  s. 633.422 633.382.
 5464         (b)1. Moneys transferred under paragraph (a) but not needed
 5465  to support the supplemental compensation program in a given year
 5466  shall be redistributed pro rata to those participating
 5467  municipalities and special fire control districts that transfer
 5468  any portion of their funds to support the supplemental
 5469  compensation program in that year. Such additional moneys shall
 5470  be used to cover or offset costs of the retirement plan.
 5471         2. To assist the Department of Revenue, the division shall
 5472  identify those municipalities and special fire control districts
 5473  that are eligible for redistribution as provided in s.
 5474  633.422(3)(c)2. 633.382(4)(c)2., by listing the municipalities
 5475  and special fire control districts from which funds were
 5476  transferred under paragraph (a) and specifying the amount
 5477  transferred by each.
 5478         Section 128. Paragraph (e) of subsection (1) of section
 5479  218.23, Florida Statutes, is amended to read:
 5480         218.23 Revenue sharing with units of local government.—
 5481         (1) To be eligible to participate in revenue sharing beyond
 5482  the minimum entitlement in any fiscal year, a unit of local
 5483  government is required to have:
 5484         (e) Certified that persons in its employ as firefighters,
 5485  as defined in s. 633.102 633.30(1), meet the qualification for
 5486  employment as established by the Division of State Fire Marshal
 5487  pursuant to the provisions of ss. 633.408 633.34 and 633.412
 5488  633.35 and that the provisions of s. 633.422 has 633.382 have
 5489  been met.
 5490  
 5491  Additionally, to receive its share of revenue sharing funds, a
 5492  unit of local government shall certify to the Department of
 5493  Revenue that the requirements of s. 200.065, if applicable, were
 5494  met. The certification shall be made annually within 30 days of
 5495  adoption of an ordinance or resolution establishing a final
 5496  property tax levy or, if no property tax is levied, not later
 5497  than November 1. The portion of revenue sharing funds which,
 5498  pursuant to this part, would otherwise be distributed to a unit
 5499  of local government which has not certified compliance or has
 5500  otherwise failed to meet the requirements of s. 200.065 shall be
 5501  deposited in the General Revenue Fund for the 12 months
 5502  following a determination of noncompliance by the department.
 5503         Section 129. Paragraph (a) of subsection (3) of section
 5504  252.515, Florida Statutes, is amended to read:
 5505         252.515 Postdisaster Relief Assistance Act; immunity from
 5506  civil liability.—
 5507         (3) As used in this section, the term:
 5508         (a) “Emergency first responder” means:
 5509         1. A physician licensed under chapter 458.
 5510         2. An osteopathic physician licensed under chapter 459.
 5511         3. A chiropractic physician licensed under chapter 460.
 5512         4. A podiatric physician licensed under chapter 461.
 5513         5. A dentist licensed under chapter 466.
 5514         6. An advanced registered nurse practitioner certified
 5515  under s. 464.012.
 5516         7. A physician assistant licensed under s. 458.347 or s.
 5517  459.022.
 5518         8. A worker employed by a public or private hospital in the
 5519  state.
 5520         9. A paramedic as defined in s. 401.23(17).
 5521         10. An emergency medical technician as defined in s.
 5522  401.23(11).
 5523         11. A firefighter as defined in s. 633.102 633.30.
 5524         12. A law enforcement officer as defined in s. 943.10.
 5525         13. A member of the Florida National Guard.
 5526         14. Any other personnel designated as emergency personnel
 5527  by the Governor pursuant to a declared emergency.
 5528         Section 130. Section 255.45, Florida Statutes, is amended
 5529  to read:
 5530         255.45 Correction of firesafety violations in certain
 5531  state-owned property.—The Department of Management Services is
 5532  responsible for ensuring that firesafety violations that are
 5533  noted by the State Fire Marshal pursuant to s. 633.218 633.085
 5534  are corrected as soon as practicable for all state-owned
 5535  property which is leased from the Department of Management
 5536  Services.
 5537         Section 131. Subsection (4) of section 258.0145, Florida
 5538  Statutes, is amended to read:
 5539         258.0145 Military state park fee discounts.—The Division of
 5540  Recreation and Parks shall provide the following discounts on
 5541  park fees to persons who present written documentation
 5542  satisfactory to the division which evidences their eligibility
 5543  for the discounts:
 5544         (4) The surviving spouse and parents of a law enforcement
 5545  officer, as defined in s. 943.10(1), or a firefighter, as
 5546  defined in s. 633.102 633.30(1), who has died in the line of
 5547  duty shall receive lifetime family annual entrance passes at no
 5548  charge.
 5549         Section 132. Subsection (1) of section 281.02, Florida
 5550  Statutes, is amended to read:
 5551         281.02 Powers and duties of the Department of Management
 5552  Services with respect to firesafety and security.—The Department
 5553  of Management Services has the following powers and duties with
 5554  respect to firesafety and security:
 5555         (1) To assist the State Fire Marshal in maintaining the
 5556  firesafety of public buildings pursuant to s. 633.218 633.085.
 5557         Section 133. Subsection (1) of section 384.287, Florida
 5558  Statutes, is amended to read:
 5559         384.287 Screening for sexually transmissible disease.—
 5560         (1) An officer as defined in s. 943.10(14); support
 5561  personnel as defined in s. 943.10(11) who are employed by the
 5562  Department of Law Enforcement, including, but not limited to,
 5563  any crime scene analyst, forensic technologist, or crime lab
 5564  analyst; firefighter as defined in s. 633.102 633.30; or
 5565  ambulance driver, paramedic, or emergency medical technician as
 5566  defined in s. 401.23, acting within the scope of employment, who
 5567  comes into contact with a person in such a way that significant
 5568  exposure, as defined in s. 381.004, has occurred may request
 5569  that the person be screened for a sexually transmissible disease
 5570  that can be transmitted through a significant exposure.
 5571         Section 134. Paragraph (a) of subsection (1) of section
 5572  395.0163, Florida Statutes, is amended to read:
 5573         395.0163 Construction inspections; plan submission and
 5574  approval; fees.—
 5575         (1)(a) The design, construction, erection, alteration,
 5576  modification, repair, and demolition of all public and private
 5577  health care facilities are governed by the Florida Building Code
 5578  and the Florida Fire Prevention Code under ss. 553.73 and
 5579  633.206 633.022. In addition to the requirements of ss. 553.79
 5580  and 553.80, the agency shall review facility plans and survey
 5581  the construction of any facility licensed under this chapter.
 5582  The agency shall make, or cause to be made, such construction
 5583  inspections and investigations as it deems necessary. The agency
 5584  may prescribe by rule that any licensee or applicant desiring to
 5585  make specified types of alterations or additions to its
 5586  facilities or to construct new facilities shall, before
 5587  commencing such alteration, addition, or new construction,
 5588  submit plans and specifications therefor to the agency for
 5589  preliminary inspection and approval or recommendation with
 5590  respect to compliance with applicable provisions of the Florida
 5591  Building Code or agency rules and standards. The agency shall
 5592  approve or disapprove the plans and specifications within 60
 5593  days after receipt of the fee for review of plans as required in
 5594  subsection (2). The agency may be granted one 15-day extension
 5595  for the review period if the director of the agency approves the
 5596  extension. If the agency fails to act within the specified time,
 5597  it shall be deemed to have approved the plans and
 5598  specifications. When the agency disapproves plans and
 5599  specifications, it shall set forth in writing the reasons for
 5600  its disapproval. Conferences and consultations may be provided
 5601  as necessary.
 5602         Section 135. Section 400.232, Florida Statutes, is amended
 5603  to read:
 5604         400.232 Review and approval of plans; fees and costs.—The
 5605  design, construction, erection, alteration, modification,
 5606  repair, and demolition of all public and private health care
 5607  facilities are governed by the Florida Building Code and the
 5608  Florida Fire Prevention Code under ss. 553.73 and 633.206
 5609  633.022. In addition to the requirements of ss. 553.79 and
 5610  553.80, the agency shall review the facility plans and survey
 5611  the construction of facilities licensed under this chapter.
 5612         (1) The agency shall approve or disapprove the plans and
 5613  specifications within 60 days after receipt of the final plans
 5614  and specifications. The agency may be granted one 15-day
 5615  extension for the review period, if the director of the agency
 5616  so approves. If the agency fails to act within the specified
 5617  time, it shall be deemed to have approved the plans and
 5618  specifications. When the agency disapproves plans and
 5619  specifications, it shall set forth in writing the reasons for
 5620  disapproval. Conferences and consultations may be provided as
 5621  necessary.
 5622         (2) The agency may is authorized to charge an initial fee
 5623  of $2,000 for review of plans and construction on all projects,
 5624  no part of which is refundable. The agency may also collect a
 5625  fee, not to exceed 1 percent of the estimated construction cost
 5626  or the actual cost of review, whichever is less, for the portion
 5627  of the review which encompasses initial review through the
 5628  initial revised construction document review. The agency is
 5629  further authorized to collect its actual costs on all subsequent
 5630  portions of the review and construction inspections. Initial fee
 5631  payment shall accompany the initial submission of plans and
 5632  specifications. Any subsequent payment that is due is payable
 5633  upon receipt of the invoice from the agency. Notwithstanding any
 5634  other provisions of law to the contrary, all money received by
 5635  the agency pursuant to the provisions of this section shall be
 5636  deemed to be trust funds, to be held and applied solely for the
 5637  operations required under this section.
 5638         Section 136. Section 400.915, Florida Statutes, is amended
 5639  to read:
 5640         400.915 Construction and renovation; requirements.—The
 5641  requirements for the construction or renovation of a PPEC center
 5642  shall comply with:
 5643         (1) The provisions of chapter 553, which pertain to
 5644  building construction standards, including plumbing, electrical
 5645  code, glass, manufactured buildings, accessibility for the
 5646  physically disabled;
 5647         (2) Section 633.206 The provisions of s. 633.022 and
 5648  applicable rules pertaining to physical standards for
 5649  nonresidential child care facilities; and
 5650         (3) The standards or rules adopted pursuant to this part
 5651  and part II of chapter 408.
 5652         Section 137. Paragraph (a) of subsection (1) of section
 5653  429.41, Florida Statutes, is amended to read:
 5654         429.41 Rules establishing standards.—
 5655         (1) It is the intent of the Legislature that rules
 5656  published and enforced pursuant to this section shall include
 5657  criteria by which a reasonable and consistent quality of
 5658  resident care and quality of life may be ensured and the results
 5659  of such resident care may be demonstrated. Such rules shall also
 5660  ensure a safe and sanitary environment that is residential and
 5661  noninstitutional in design or nature. It is further intended
 5662  that reasonable efforts be made to accommodate the needs and
 5663  preferences of residents to enhance the quality of life in a
 5664  facility. The agency, in consultation with the department, may
 5665  adopt rules to administer the requirements of part II of chapter
 5666  408. In order to provide safe and sanitary facilities and the
 5667  highest quality of resident care accommodating the needs and
 5668  preferences of residents, the department, in consultation with
 5669  the agency, the Department of Children and Family Services, and
 5670  the Department of Health, shall adopt rules, policies, and
 5671  procedures to administer this part, which must include
 5672  reasonable and fair minimum standards in relation to:
 5673         (a) The requirements for and maintenance of facilities, not
 5674  in conflict with the provisions of chapter 553, relating to
 5675  plumbing, heating, cooling, lighting, ventilation, living space,
 5676  and other housing conditions, which will ensure the health,
 5677  safety, and comfort of residents and protection from fire
 5678  hazard, including adequate provisions for fire alarm and other
 5679  fire protection suitable to the size of the structure. Uniform
 5680  firesafety standards shall be established and enforced by the
 5681  State Fire Marshal in cooperation with the agency, the
 5682  department, and the Department of Health.
 5683         1. Evacuation capability determination.—
 5684         a. The provisions of the National Fire Protection
 5685  Association, NFPA 101A, Chapter 5, 1995 edition, shall be used
 5686  for determining the ability of the residents, with or without
 5687  staff assistance, to relocate from or within a licensed facility
 5688  to a point of safety as provided in the fire codes adopted
 5689  herein. An evacuation capability evaluation for initial
 5690  licensure shall be conducted within 6 months after the date of
 5691  licensure. For existing licensed facilities that are not
 5692  equipped with an automatic fire sprinkler system, the
 5693  administrator shall evaluate the evacuation capability of
 5694  residents at least annually. The evacuation capability
 5695  evaluation for each facility not equipped with an automatic fire
 5696  sprinkler system shall be validated, without liability, by the
 5697  State Fire Marshal, by the local fire marshal, or by the local
 5698  authority having jurisdiction over firesafety, before the
 5699  license renewal date. If the State Fire Marshal, local fire
 5700  marshal, or local authority having jurisdiction over firesafety
 5701  has reason to believe that the evacuation capability of a
 5702  facility as reported by the administrator may have changed, it
 5703  may, with assistance from the facility administrator, reevaluate
 5704  the evacuation capability through timed exiting drills.
 5705  Translation of timed fire exiting drills to evacuation
 5706  capability may be determined:
 5707         (I) Three minutes or less: prompt.
 5708         (II) More than 3 minutes, but not more than 13 minutes:
 5709  slow.
 5710         (III) More than 13 minutes: impractical.
 5711         b. The Office of the State Fire Marshal shall provide or
 5712  cause the provision of training and education on the proper
 5713  application of Chapter 5, NFPA 101A, 1995 edition, to its
 5714  employees, to staff of the Agency for Health Care Administration
 5715  who are responsible for regulating facilities under this part,
 5716  and to local governmental inspectors. The Office of the State
 5717  Fire Marshal shall provide or cause the provision of this
 5718  training within its existing budget, but may charge a fee for
 5719  this training to offset its costs. The initial training must be
 5720  delivered within 6 months after July 1, 1995, and as needed
 5721  thereafter.
 5722         c. The Office of the State Fire Marshal, in cooperation
 5723  with provider associations, shall provide or cause the provision
 5724  of a training program designed to inform facility operators on
 5725  how to properly review bid documents relating to the
 5726  installation of automatic fire sprinklers. The Office of the
 5727  State Fire Marshal shall provide or cause the provision of this
 5728  training within its existing budget, but may charge a fee for
 5729  this training to offset its costs. The initial training must be
 5730  delivered within 6 months after July 1, 1995, and as needed
 5731  thereafter.
 5732         d. The administrator of a licensed facility shall sign an
 5733  affidavit verifying the number of residents occupying the
 5734  facility at the time of the evacuation capability evaluation.
 5735         2. Firesafety requirements.—
 5736         a. Except for the special applications provided herein,
 5737  effective January 1, 1996, the provisions of the National Fire
 5738  Protection Association, Life Safety Code, NFPA 101, 1994
 5739  edition, Chapter 22 for new facilities and Chapter 23 for
 5740  existing facilities shall be the uniform fire code applied by
 5741  the State Fire Marshal for assisted living facilities, pursuant
 5742  to s. 633.206 633.022.
 5743         b. Any new facility, regardless of size, that applies for a
 5744  license on or after January 1, 1996, must be equipped with an
 5745  automatic fire sprinkler system. The exceptions as provided in
 5746  s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply
 5747  to any new facility housing eight or fewer residents. On July 1,
 5748  1995, local governmental entities responsible for the issuance
 5749  of permits for construction shall inform, without liability, any
 5750  facility whose permit for construction is obtained before prior
 5751  to January 1, 1996, of this automatic fire sprinkler
 5752  requirement. As used in this part, the term “a new facility”
 5753  does not mean an existing facility that has undergone change of
 5754  ownership.
 5755         c. Notwithstanding any provision of s. 633.206 633.022 or
 5756  of the National Fire Protection Association, NFPA 101A, Chapter
 5757  5, 1995 edition, to the contrary, any existing facility housing
 5758  eight or fewer residents is not required to install an automatic
 5759  fire sprinkler system, nor to comply with any other requirement
 5760  in Chapter 23, NFPA 101, 1994 edition, that exceeds the
 5761  firesafety requirements of NFPA 101, 1988 edition, that applies
 5762  to this size facility, unless the facility has been classified
 5763  as impractical to evacuate. Any existing facility housing eight
 5764  or fewer residents that is classified as impractical to evacuate
 5765  must install an automatic fire sprinkler system within the
 5766  timeframes granted in this section.
 5767         d. Any existing facility that is required to install an
 5768  automatic fire sprinkler system under this paragraph need not
 5769  meet other firesafety requirements of Chapter 23, NFPA 101, 1994
 5770  edition, which exceed the provisions of NFPA 101, 1988 edition.
 5771  The mandate contained in this paragraph which requires certain
 5772  facilities to install an automatic fire sprinkler system
 5773  supersedes any other requirement.
 5774         e. This paragraph does not supersede the exceptions granted
 5775  in NFPA 101, 1988 edition or 1994 edition.
 5776         f. This paragraph does not exempt facilities from other
 5777  firesafety provisions adopted under s. 633.206 633.022 and local
 5778  building code requirements in effect before July 1, 1995.
 5779         g. A local government may charge fees only in an amount not
 5780  to exceed the actual expenses incurred by local government
 5781  relating to the installation and maintenance of an automatic
 5782  fire sprinkler system in an existing and properly licensed
 5783  assisted living facility structure as of January 1, 1996.
 5784         h. If a licensed facility undergoes major reconstruction or
 5785  addition to an existing building on or after January 1, 1996,
 5786  the entire building must be equipped with an automatic fire
 5787  sprinkler system. Major reconstruction of a building means
 5788  repair or restoration that costs in excess of 50 percent of the
 5789  value of the building as reported on the tax rolls, excluding
 5790  land, before reconstruction. Multiple reconstruction projects
 5791  within a 5-year period the total costs of which exceed 50
 5792  percent of the initial value of the building when at the time
 5793  the first reconstruction project was permitted are to be
 5794  considered as major reconstruction. Application for a permit for
 5795  an automatic fire sprinkler system is required upon application
 5796  for a permit for a reconstruction project that creates costs
 5797  that go over the 50-percent threshold.
 5798         i. Any facility licensed before January 1, 1996, that is
 5799  required to install an automatic fire sprinkler system shall
 5800  ensure that the installation is completed within the following
 5801  timeframes based upon evacuation capability of the facility as
 5802  determined under subparagraph 1.:
 5803         (I) Impractical evacuation capability, 24 months.
 5804         (II) Slow evacuation capability, 48 months.
 5805         (III) Prompt evacuation capability, 60 months.
 5806  
 5807  The beginning date from which the deadline for the automatic
 5808  fire sprinkler installation requirement must be calculated is
 5809  upon receipt of written notice from the local fire official that
 5810  an automatic fire sprinkler system must be installed. The local
 5811  fire official shall send a copy of the document indicating the
 5812  requirement of a fire sprinkler system to the Agency for Health
 5813  Care Administration.
 5814         j. It is recognized that the installation of an automatic
 5815  fire sprinkler system may create financial hardship for some
 5816  facilities. The appropriate local fire official shall, without
 5817  liability, grant two 1-year extensions to the timeframes for
 5818  installation established herein, if an automatic fire sprinkler
 5819  installation cost estimate and proof of denial from two
 5820  financial institutions for a construction loan to install the
 5821  automatic fire sprinkler system are submitted. However, for any
 5822  facility with a class I or class II, or a history of uncorrected
 5823  class III, firesafety deficiencies, an extension must not be
 5824  granted. The local fire official shall send a copy of the
 5825  document granting the time extension to the Agency for Health
 5826  Care Administration.
 5827         k. A facility owner whose facility is required to be
 5828  equipped with an automatic fire sprinkler system under Chapter
 5829  23, NFPA 101, 1994 edition, as adopted herein, must disclose to
 5830  any potential buyer of the facility that an installation of an
 5831  automatic fire sprinkler requirement exists. The sale of the
 5832  facility does not alter the timeframe for the installation of
 5833  the automatic fire sprinkler system.
 5834         l. Existing facilities required to install an automatic
 5835  fire sprinkler system as a result of construction-type
 5836  restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
 5837  herein, or evacuation capability requirements shall be notified
 5838  by the local fire official in writing of the automatic fire
 5839  sprinkler requirement, as well as the appropriate date for final
 5840  compliance as provided in this subparagraph. The local fire
 5841  official shall send a copy of the document to the Agency for
 5842  Health Care Administration.
 5843         m. Except in cases of life-threatening fire hazards, if an
 5844  existing facility experiences a change in the evacuation
 5845  capability, or if the local authority having jurisdiction
 5846  identifies a construction-type restriction, such that an
 5847  automatic fire sprinkler system is required, it shall be given
 5848  afforded time for installation as provided in this subparagraph.
 5849  
 5850  Facilities that are fully sprinkled and in compliance with other
 5851  firesafety standards are not required to conduct more than one
 5852  of the required fire drills between the hours of 11 p.m. and 7
 5853  a.m., per year. In lieu of the remaining drills, staff
 5854  responsible for residents during such hours may be required to
 5855  participate in a mock drill that includes a review of evacuation
 5856  procedures. Such standards must be included or referenced in the
 5857  rules adopted by the State Fire Marshal. Pursuant to s.
 5858  633.206(1)(b) 633.022(1)(b), the State Fire Marshal is the final
 5859  administrative authority for firesafety standards established
 5860  and enforced pursuant to this section. All licensed facilities
 5861  must have an annual fire inspection conducted by the local fire
 5862  marshal or authority having jurisdiction.
 5863         3. Resident elopement requirements.—Facilities are required
 5864  to conduct a minimum of two resident elopement prevention and
 5865  response drills per year. All administrators and direct care
 5866  staff must participate in the drills which shall include a
 5867  review of procedures to address resident elopement. Facilities
 5868  must document the implementation of the drills and ensure that
 5869  the drills are conducted in a manner consistent with the
 5870  facility’s resident elopement policies and procedures.
 5871         Section 138. Subsection (1) of section 429.44, Florida
 5872  Statutes, is amended to read:
 5873         429.44 Construction and renovation; requirements.—
 5874         (1) The requirements for the construction and renovation of
 5875  a facility shall comply with the provisions of chapter 553 which
 5876  pertains pertain to building construction standards, including
 5877  plumbing, electrical code, glass, manufactured buildings,
 5878  accessibility for persons with disabilities, and the state
 5879  minimum building code and with the provisions of s. 633.206
 5880  633.022, which pertains pertain to uniform firesafety standards.
 5881         Section 139. Subsection (2) of section 429.73, Florida
 5882  Statutes, is amended to read:
 5883         429.73 Rules and standards relating to adult family-care
 5884  homes.—
 5885         (2) The department shall by rule provide minimum standards
 5886  and procedures for emergencies. Pursuant to s. 633.206 633.022,
 5887  the State Fire Marshal, in consultation with the department and
 5888  the agency, shall adopt uniform firesafety standards for adult
 5889  family-care homes.
 5890         Section 140. Subsection (4) of section 447.203, Florida
 5891  Statutes, is amended to read:
 5892         447.203 Definitions.—As used in this part:
 5893         (4) “Managerial employees” are those employees who:
 5894         (a) Perform jobs that are not of a routine, clerical, or
 5895  ministerial nature and require the exercise of independent
 5896  judgment in the performance of such jobs and to whom one or more
 5897  of the following applies:
 5898         1. They formulate or assist in formulating policies which
 5899  are applicable to bargaining unit employees.
 5900         2. They may reasonably be required on behalf of the
 5901  employer to assist in the preparation for the conduct of
 5902  collective bargaining negotiations.
 5903         3. They have a role in the administration of agreements
 5904  resulting from collective bargaining negotiations.
 5905         4. They have a significant role in personnel
 5906  administration.
 5907         5. They have a significant role in employee relations.
 5908         6. They are included in the definition of administrative
 5909  personnel contained in s. 1012.01(3).
 5910         7. They have a significant role in the preparation or
 5911  administration of budgets for any public agency or institution
 5912  or subdivision thereof.
 5913         (b) Serve as police chiefs, fire chiefs, or directors of
 5914  public safety of any police, fire, or public safety department.
 5915  Other police officers, as defined in s. 943.10(1), and
 5916  firefighters, as defined in s. 633.102 633.30(1), may be
 5917  determined by the commission to be managerial employees of such
 5918  departments. In making such determinations, the commission shall
 5919  consider, in addition to the criteria established in paragraph
 5920  (a), the paramilitary organizational structure of the department
 5921  involved.
 5922  
 5923  However, in determining whether an individual is a managerial
 5924  employee pursuant to either paragraph (a) or paragraph (b),
 5925  above, the commission may consider historic relationships of the
 5926  employee to the public employer and to coemployees.
 5927         Section 141. Subsection (1) of section 468.602, Florida
 5928  Statutes, is amended to read:
 5929         468.602 Exemptions.—This part does not apply to:
 5930         (1) Persons who possess a valid certificate, issued
 5931  pursuant to s. 633.216 633.081, for conducting firesafety
 5932  inspections, when conducting firesafety inspections.
 5933         Section 142. Paragraph (c) of subsection (2) of section
 5934  468.609, Florida Statutes, is amended to read:
 5935         468.609 Administration of this part; standards for
 5936  certification; additional categories of certification.—
 5937         (2) A person may take the examination for certification as
 5938  a building code inspector or plans examiner pursuant to this
 5939  part if the person:
 5940         (c) Meets eligibility requirements according to one of the
 5941  following criteria:
 5942         1. Demonstrates 5 years’ combined experience in the field
 5943  of construction or a related field, building code inspection, or
 5944  plans review corresponding to the certification category sought;
 5945         2. Demonstrates a combination of postsecondary education in
 5946  the field of construction or a related field and experience
 5947  which totals 4 years, with at least 1 year of such total being
 5948  experience in construction, building code inspection, or plans
 5949  review;
 5950         3. Demonstrates a combination of technical education in the
 5951  field of construction or a related field and experience which
 5952  totals 4 years, with at least 1 year of such total being
 5953  experience in construction, building code inspection, or plans
 5954  review;
 5955         4. Currently holds a standard certificate as issued by the
 5956  board, or a fire safety inspector license issued pursuant to
 5957  chapter 633, has a minimum of 5 years’ verifiable full-time
 5958  experience in inspection or plan review, and satisfactorily
 5959  completes a building code inspector or plans examiner training
 5960  program of not less than 200 hours in the certification category
 5961  sought. The board shall establish by rule criteria for the
 5962  development and implementation of the training programs; or
 5963         5. Demonstrates a combination of the completion of an
 5964  approved training program in the field of building code
 5965  inspection or plan review and a minimum of 2 years’ experience
 5966  in the field of building code inspection, plan review, fire code
 5967  inspections and fire plans review of new buildings as a
 5968  firesafety inspector certified under s. 633.216 633.081(2), or
 5969  construction. The approved training portion of this requirement
 5970  shall include proof of satisfactory completion of a training
 5971  program of not less than 300 hours which is approved by the
 5972  board in the chosen category of building code inspection or plan
 5973  review in the certification category sought with not less than
 5974  20 hours of instruction in state laws, rules, and ethics
 5975  relating to professional standards of practice, duties, and
 5976  responsibilities of a certificateholder. The board shall
 5977  coordinate with the Building Officials Association of Florida,
 5978  Inc., to establish by rule the development and implementation of
 5979  the training program.
 5980         Section 143. Subsection (22) of section 489.103, Florida
 5981  Statutes, is amended to read:
 5982         489.103 Exemptions.—This part does not apply to:
 5983         (22) A person licensed pursuant to s. 633.304(1)(d)
 5984  633.061(1)(d) or (3)(b) performing work authorized by such
 5985  license.
 5986         Section 144. Paragraph (n) of subsection (3) of section
 5987  489.105, Florida Statutes, is amended to read:
 5988         489.105 Definitions.—As used in this part:
 5989         (3) “Contractor” means the person who is qualified for, and
 5990  is only responsible for, the project contracted for and means,
 5991  except as exempted in this part, the person who, for
 5992  compensation, undertakes to, submits a bid to, or does himself
 5993  or herself or by others construct, repair, alter, remodel, add
 5994  to, demolish, subtract from, or improve any building or
 5995  structure, including related improvements to real estate, for
 5996  others or for resale to others; and whose job scope is
 5997  substantially similar to the job scope described in one of the
 5998  paragraphs of this subsection. For the purposes of regulation
 5999  under this part, the term “demolish” applies only to demolition
 6000  of steel tanks more than 50 feet in height; towers more than 50
 6001  feet in height; other structures more than 50 feet in height;
 6002  and all buildings or residences. Contractors are subdivided into
 6003  two divisions, Division I, consisting of those contractors
 6004  defined in paragraphs (a)-(c), and Division II, consisting of
 6005  those contractors defined in paragraphs (d)-(q):
 6006         (n) “Underground utility and excavation contractor” means a
 6007  contractor whose services are limited to the construction,
 6008  installation, and repair, on public or private property, whether
 6009  accomplished through open excavations or through other means,
 6010  including, but not limited to, directional drilling, auger
 6011  boring, jacking and boring, trenchless technologies, wet and dry
 6012  taps, grouting, and slip lining, of main sanitary sewer
 6013  collection systems, main water distribution systems, storm sewer
 6014  collection systems, and the continuation of utility lines from
 6015  the main systems to a point of termination up to and including
 6016  the meter location for the individual occupancy, sewer
 6017  collection systems at property line on residential or single
 6018  occupancy commercial properties, or on multioccupancy properties
 6019  at manhole or wye lateral extended to an invert elevation as
 6020  engineered to accommodate future building sewers, water
 6021  distribution systems, or storm sewer collection systems at storm
 6022  sewer structures. However, an underground utility and excavation
 6023  contractor may install empty underground conduits in rights-of
 6024  way, easements, platted rights-of-way in new site development,
 6025  and sleeves for parking lot crossings no smaller than 2 inches
 6026  in diameter if each conduit system installed is designed by a
 6027  licensed professional engineer or an authorized employee of a
 6028  municipality, county, or public utility and the installation of
 6029  such conduit does not include installation of any conductor
 6030  wiring or connection to an energized electrical system. An
 6031  underground utility and excavation contractor may not install
 6032  piping that is an integral part of a fire protection system as
 6033  defined in s. 633.102 633.021 beginning at the point where the
 6034  piping is used exclusively for such system.
 6035         Section 145. Subsection (9) of section 496.404, Florida
 6036  Statutes, is amended to read:
 6037         496.404 Definitions.—As used in ss. 496.401-496.424:
 6038         (9) “Emergency service employee” means any employee who is
 6039  a firefighter, as defined in s. 633.102 633.30, or ambulance
 6040  driver, emergency medical technician, or paramedic, as defined
 6041  in s. 401.23.
 6042         Section 146. Paragraph (a) of subsection (7) of section
 6043  509.032, Florida Statutes, is amended to read:
 6044         509.032 Duties.—
 6045         (7) PREEMPTION AUTHORITY.—
 6046         (a) The regulation of public lodging establishments and
 6047  public food service establishments, including, but not limited
 6048  to, sanitation standards, inspections, training and testing of
 6049  personnel, and matters related to the nutritional content and
 6050  marketing of foods offered in such establishments, is preempted
 6051  to the state. This paragraph does not preempt the authority of a
 6052  local government or local enforcement district to conduct
 6053  inspections of public lodging and public food service
 6054  establishments for compliance with the Florida Building Code and
 6055  the Florida Fire Prevention Code, pursuant to ss. 553.80 and
 6056  633.206 633.022.
 6057         Section 147. Section 513.05, Florida Statutes, is amended
 6058  to read:
 6059         513.05 Rules.—The department may adopt rules pertaining to
 6060  the location, construction, modification, equipment, and
 6061  operation of mobile home parks, lodging parks, recreational
 6062  vehicle parks, and recreational camps, except as provided in s.
 6063  633.206 633.022, as necessary to administer this chapter. Such
 6064  rules may include definitions of terms; requirements for plan
 6065  reviews of proposed and existing parks and camps; plan reviews
 6066  of parks that consolidate space or change space size; water
 6067  supply; sewage collection and disposal; plumbing and backflow
 6068  prevention; garbage and refuse storage, collection, and
 6069  disposal; insect and rodent control; space requirements; heating
 6070  facilities; food service; lighting; sanitary facilities;
 6071  bedding; an occupancy equivalency to spaces for permits for
 6072  recreational camps; sanitary facilities in recreational vehicle
 6073  parks; and the owners’ responsibilities at recreational vehicle
 6074  parks and recreational camps.
 6075         Section 148. Paragraph (d) of subsection (1) and paragraph
 6076  (f) of subsection (11) of section 553.73, Florida Statutes, are
 6077  amended to read:
 6078         553.73 Florida Building Code.—
 6079         (1)
 6080         (d) Conflicting requirements between the Florida Building
 6081  Code and the Florida Fire Prevention Code and Life Safety Code
 6082  of the state established pursuant to ss. 633.206 633.022 and
 6083  633.208 633.025 shall be resolved by agreement between the
 6084  commission and the State Fire Marshal in favor of the
 6085  requirement that offers the greatest degree of lifesafety or
 6086  alternatives that would provide an equivalent degree of
 6087  lifesafety and an equivalent method of construction. If the
 6088  commission and State Fire Marshal are unable to agree on a
 6089  resolution, the question shall be referred to a mediator,
 6090  mutually agreeable to both parties, to resolve the conflict in
 6091  favor of the provision that offers the greatest lifesafety, or
 6092  alternatives that would provide an equivalent degree of
 6093  lifesafety and an equivalent method of construction.
 6094         (11)
 6095         (f) All decisions of the local building official and local
 6096  fire official and all decisions of the administrative board
 6097  shall be in writing and shall be binding upon a person all
 6098  persons but do shall not limit the authority of the State Fire
 6099  Marshal or the Florida Building Commission pursuant to paragraph
 6100  (1)(d) and ss. 633.104 633.01 and 633.228 633.161. Decisions of
 6101  general application shall be indexed by building and fire code
 6102  sections and shall be available for inspection during normal
 6103  business hours.
 6104         Section 149. Paragraph (e) of subsection (1) of section
 6105  553.77, Florida Statutes, is amended to read:
 6106         553.77 Specific powers of the commission.—
 6107         (1) The commission shall:
 6108         (e) Participate with the Florida Fire Code Advisory Council
 6109  created under s. 633.204 633.72, to provide assistance and
 6110  recommendations relating to firesafety code interpretations. The
 6111  administrative staff of the commission shall attend meetings of
 6112  the Florida Fire Code Advisory Council and coordinate efforts to
 6113  provide consistency between the Florida Building Code and the
 6114  Florida Fire Prevention Code and the Life Safety Code.
 6115         Section 150. Subsections (2) and (12) of section 553.79,
 6116  Florida Statutes, are amended to read:
 6117         553.79 Permits; applications; issuance; inspections.—
 6118         (2) Except as provided in subsection (6), an enforcing
 6119  agency may not issue any permit for construction, erection,
 6120  alteration, modification, repair, or demolition of any building
 6121  or structure until the local building code administrator or
 6122  inspector has reviewed the plans and specifications required by
 6123  the Florida Building Code, or local amendment thereto, for such
 6124  proposal and found the plans to be in compliance with the
 6125  Florida Building Code. If the local building code administrator
 6126  or inspector finds that the plans are not in compliance with the
 6127  Florida Building Code, the local building code administrator or
 6128  inspector shall identify the specific plan features that do not
 6129  comply with the applicable codes, identify the specific code
 6130  chapters and sections upon which the finding is based, and
 6131  provide this information to the local enforcing agency. The
 6132  local enforcing agency shall provide this information to the
 6133  permit applicant. In addition, an enforcing agency may not issue
 6134  any permit for construction, erection, alteration, modification,
 6135  repair, or demolition of any building until the appropriate
 6136  firesafety inspector certified pursuant to s. 633.216 633.081
 6137  has reviewed the plans and specifications required by the
 6138  Florida Building Code, or local amendment thereto, for such
 6139  proposal and found that the plans comply with the Florida Fire
 6140  Prevention Code and the Life Safety Code. Any building or
 6141  structure which is not subject to a firesafety code shall not be
 6142  required to have its plans reviewed by the firesafety inspector.
 6143  Any building or structure that is exempt from the local building
 6144  permit process may not be required to have its plans reviewed by
 6145  the local building code administrator. Industrial construction
 6146  on sites where design, construction, and firesafety are
 6147  supervised by appropriate design and inspection professionals
 6148  and which contain adequate in-house fire departments and rescue
 6149  squads is exempt, subject to local government option, from
 6150  review of plans and inspections, providing owners certify that
 6151  applicable codes and standards have been met and supply
 6152  appropriate approved drawings to local building and firesafety
 6153  inspectors. The enforcing agency shall issue a permit to
 6154  construct, erect, alter, modify, repair, or demolish any
 6155  building or structure when the plans and specifications for such
 6156  proposal comply with the provisions of the Florida Building Code
 6157  and the Florida Fire Prevention Code and the Life Safety Code as
 6158  determined by the local authority in accordance with this
 6159  chapter and chapter 633.
 6160         (12) One-family and two-family detached residential
 6161  dwelling units are not subject to plan review by the local fire
 6162  official as described in this section or inspection by the local
 6163  fire official as described in s. 633.216 633.081, unless
 6164  expressly made subject to the said plan review or inspection by
 6165  local ordinance.
 6166         Section 151. Paragraph (d) of subsection (1) of section
 6167  590.02, Florida Statutes, is amended to read:
 6168         590.02 Florida Forest Service; powers, authority, and
 6169  duties; liability; building structures; Florida Center for
 6170  Wildfire and Forest Resources Management Training.—
 6171         (1) The Florida Forest Service has the following powers,
 6172  authority, and duties:
 6173         (d) To appoint center managers, forest area supervisors,
 6174  forestry program administrators, a forest protection bureau
 6175  chief, a forest protection assistant bureau chief, a field
 6176  operations bureau chief, deputy chiefs of field operations,
 6177  district managers, forest operations administrators, senior
 6178  forest rangers, investigators, forest rangers, firefighter
 6179  rotorcraft pilots, and other employees who may, at the Florida
 6180  Forest Service’s discretion, be certified as forestry
 6181  firefighters pursuant to s. 633.408(8) 633.35(4). Other
 6182  provisions of law notwithstanding, center managers, district
 6183  managers, forest protection assistant bureau chief, and deputy
 6184  chiefs of field operations shall have Selected Exempt Service
 6185  status in the state personnel designation;
 6186         Section 152. Section 627.4107, Florida Statutes, is amended
 6187  to read:
 6188         627.4107 Government employees exposed to toxic drug
 6189  chemicals; cancellation of life or health policy or certificate
 6190  prohibited.—No life or health insurer may cancel or nonrenew a
 6191  life or health insurance policy or certificate of insurance
 6192  providing coverage to a state or local law enforcement officer
 6193  as defined in s. 943.10, firefighter as defined in s. 633.102
 6194  633.30, emergency medical technician as defined in s. 401.23, or
 6195  paramedic as defined in s. 401.23, a volunteer firefighter as
 6196  defined in s. 633.102 engaged by state or local government, a
 6197  law enforcement officer employed by the Federal Government, or
 6198  any other local, state, or Federal Government employee solely
 6199  based on the fact that the individual has been exposed to toxic
 6200  chemicals or suffered injury or disease as a result of the
 6201  individual’s lawful duties arising out of the commission of a
 6202  violation of chapter 893 by another person. This section does
 6203  not apply to a any person who commits an offense under chapter
 6204  893. This section does not prohibit an insurer from canceling or
 6205  nonrenewing an insurance policy or certificate, as permitted
 6206  under the applicable state insurance code, based on an act or
 6207  practice of the policyholder or certificateholder that
 6208  constitutes fraud or intentional misrepresentation of material
 6209  fact by the policyholder or certificateholder.
 6210         Section 153. Subsection (10) of section 893.13, Florida
 6211  Statutes, is amended to read:
 6212         893.13 Prohibited acts; penalties.—
 6213         (10) If a person violates any provision of this chapter and
 6214  the violation results in a serious injury to a state or local
 6215  law enforcement officer as defined in s. 943.10, firefighter as
 6216  defined in s. 633.102 633.30, emergency medical technician as
 6217  defined in s. 401.23, paramedic as defined in s. 401.23,
 6218  employee of a public utility or an electric utility as defined
 6219  in s. 366.02, animal control officer as defined in s. 828.27,
 6220  volunteer firefighter engaged by state or local government, law
 6221  enforcement officer employed by the Federal Government, or any
 6222  other local, state, or Federal Government employee injured
 6223  during the course and scope of his or her employment, the person
 6224  commits a felony of the third degree, punishable as provided in
 6225  s. 775.082, s. 775.083, or s. 775.084. If the injury sustained
 6226  results in death or great bodily harm, the person commits a
 6227  felony of the second degree, punishable as provided in s.
 6228  775.082, s. 775.083, or s. 775.084.
 6229         Section 154. Paragraph (g) of subsection (2) of section
 6230  934.03, Florida Statutes, is amended to read:
 6231         934.03 Interception and disclosure of wire, oral, or
 6232  electronic communications prohibited.—
 6233         (2)
 6234         (g) It is lawful under ss. 934.03-934.09 for an employee
 6235  of:
 6236         1. An ambulance service licensed pursuant to s. 401.25, a
 6237  fire station employing firefighters as defined by s. 633.102
 6238  633.30, a public utility, a law enforcement agency as defined by
 6239  s. 934.02(10), or any other entity with published emergency
 6240  telephone numbers;
 6241         2. An agency operating an emergency telephone number “911”
 6242  system established pursuant to s. 365.171; or
 6243         3. The central abuse hotline operated pursuant to s. 39.201
 6244  
 6245  to intercept and record incoming wire communications; however,
 6246  such employee may intercept and record incoming wire
 6247  communications on designated “911” telephone numbers and
 6248  published nonemergency telephone numbers staffed by trained
 6249  dispatchers at public safety answering points only. It is also
 6250  lawful for such employee to intercept and record outgoing wire
 6251  communications to the numbers from which such incoming wire
 6252  communications were placed when necessary to obtain information
 6253  required to provide the emergency services being requested. For
 6254  the purpose of this paragraph, the term “public utility” has the
 6255  same meaning as provided in s. 366.02 and includes a person,
 6256  partnership, association, or corporation now or hereafter owning
 6257  or operating equipment or facilities in the state for conveying
 6258  or transmitting messages or communications by telephone or
 6259  telegraph to the public for compensation.
 6260         Section 155. Paragraph (b) of subsection (4) of section
 6261  943.61, Florida Statutes, is amended to read:
 6262         943.61 Powers and duties of the Capitol Police.—
 6263         (4) The Capitol Police shall have the following
 6264  responsibilities, powers, and duties:
 6265         (b) To provide and maintain the security of all property
 6266  located in the Capitol Complex in a manner consistent with the
 6267  security plans developed and approved under paragraph (a) and,
 6268  in consultation with the State Fire Marshal, to provide for
 6269  evacuations, information, and training required for firesafety
 6270  on such property in a manner consistent with s. 633.218 633.085.
 6271         Section 156. Paragraph (b) of subsection (18) of section
 6272  1002.33, Florida Statutes, is amended to read:
 6273         1002.33 Charter schools.—
 6274         (18) FACILITIES.—
 6275         (b) A charter school shall use utilize facilities that
 6276  comply with the Florida Fire Prevention Code, pursuant to s.
 6277  633.208 633.025, as adopted by the authority in whose
 6278  jurisdiction the facility is located as provided in paragraph
 6279  (a).
 6280         Section 157. Subsection (9) of section 1002.34, Florida
 6281  Statutes, is amended to read:
 6282         1002.34 Charter technical career centers.—
 6283         (9) FACILITIES.—A center may be located in any suitable
 6284  location, including part of an existing public school or Florida
 6285  College System institution building, space provided on a public
 6286  worksite, or a public building. A center’s facilities must
 6287  comply with the State Uniform Building Code for Public
 6288  Educational Facilities Construction adopted pursuant to s.
 6289  1013.37, or with applicable state minimum building codes
 6290  pursuant to chapter 553, and state minimum fire protection codes
 6291  pursuant to s. 633.208 633.025, adopted by the authority in
 6292  whose jurisdiction the facility is located. If K-12 public
 6293  school funds are used for construction, the facility must remain
 6294  on the local school district’s Florida Inventory of School
 6295  Houses (FISH) school building inventory of the district school
 6296  board and must revert to the district school board if the
 6297  consortium dissolves and the program is discontinued. If Florida
 6298  College System institution public school funds are used for
 6299  construction, the facility must remain on the local Florida
 6300  College System institution’s facilities inventory and must
 6301  revert to the local Florida College System institution board of
 6302  trustees if the consortium dissolves and the program is
 6303  discontinued. The additional student capacity created by the
 6304  addition of the center to the local school district’s FISH may
 6305  not be calculated in the permanent student capacity for the
 6306  purpose of determining need or eligibility for state capital
 6307  outlay funds while the facility is used as a center. If the
 6308  construction of the center is funded jointly by K-12 public
 6309  school funds and Florida College System institution funds, the
 6310  sponsoring entities must agree, before granting the charter, on
 6311  the appropriate owner and terms of transfer of the facility if
 6312  the charter is dissolved.
 6313         Section 158. Subsection (1), paragraph (c) of subsection
 6314  (2), and paragraphs (a) and (c) of subsection (6) of section
 6315  1013.12, Florida Statutes, are amended to read:
 6316         1013.12 Casualty, safety, sanitation, and firesafety
 6317  standards and inspection of property.—
 6318         (1) FIRESAFETY.—The State Board of Education shall adopt
 6319  and administer rules prescribing standards for the safety and
 6320  health of occupants of educational and ancillary plants as a
 6321  part of State Requirements for Educational Facilities or the
 6322  Florida Building Code for educational facilities construction as
 6323  provided in s. 1013.37, except that the State Fire Marshal in
 6324  consultation with the Department of Education shall adopt
 6325  uniform firesafety standards for educational and ancillary
 6326  plants and educational facilities, as provided in s.
 6327  633.206(1)(b) 633.022(1)(b), and a firesafety evaluation system
 6328  to be used as an alternate firesafety inspection standard for
 6329  existing educational and ancillary plants and educational
 6330  facilities. The uniform firesafety standards and the alternate
 6331  firesafety evaluation system shall be administered and enforced
 6332  by fire officials certified by the State Fire Marshal under s.
 6333  633.216 633.081. These standards must be used by all public
 6334  agencies when inspecting public educational and ancillary
 6335  plants, and the firesafety standards must be used by county,
 6336  municipal, or independent special fire control district
 6337  inspectors when performing firesafety inspections of public
 6338  educational and ancillary plants and educational facilities. In
 6339  accordance with such standards, each board shall prescribe
 6340  policies and procedures establishing a comprehensive program of
 6341  safety and sanitation for the protection of occupants of public
 6342  educational and ancillary plants. Such policies must contain
 6343  procedures for periodic inspections as prescribed in this
 6344  section or chapter 633 and for withdrawal of any educational and
 6345  ancillary plant, or portion thereof, from use until unsafe or
 6346  unsanitary conditions are corrected or removed.
 6347         (2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
 6348  BOARDS.—
 6349         (c) Under the direction of the fire official appointed by
 6350  the board under s. 1013.371(2), firesafety inspections of each
 6351  educational and ancillary plant located on property owned or
 6352  leased by the board, or other educational facilities operated by
 6353  the board, must be made no sooner than 1 year after issuance of
 6354  a certificate of occupancy and annually thereafter. Such
 6355  inspections shall be made by persons certified by the Division
 6356  of State Fire Marshal under s. 633.216 633.081 to conduct
 6357  firesafety inspections in public educational and ancillary
 6358  plants. The board shall submit a copy of the firesafety
 6359  inspection report to the county, municipality, or independent
 6360  special fire control district providing fire protection services
 6361  to the school facility within 10 business days after the date of
 6362  the inspection. Alternate schedules for delivery of reports may
 6363  be agreed upon between the school district and the county,
 6364  municipality, or independent special fire control district
 6365  providing fire protection services to the site in cases in which
 6366  delivery is impossible due to hurricanes or other natural
 6367  disasters. Regardless, if immediate life-threatening
 6368  deficiencies are noted in the report, the report shall be
 6369  delivered immediately. In addition, the board and any other
 6370  authority conducting the fire safety inspection shall certify to
 6371  the State Fire Marshal that the annual inspection has been
 6372  completed. The certification shall be made electronically or by
 6373  such other means as directed by the State Fire Marshal.
 6374         (6) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
 6375  FACILITIES.—
 6376         (a) Firesafety inspections of public college facilities,
 6377  including charter schools located on board-owned or board-leased
 6378  facilities or otherwise operated by public college boards, shall
 6379  be made in accordance with the Florida Fire Prevention Code, as
 6380  adopted by the State Fire Marshal. Notwithstanding s. 633.202
 6381  633.0215, provisions of the code relating to inspections of such
 6382  facilities are not subject to any local amendments as provided
 6383  by s. 1013.371. Each public college facility shall be inspected
 6384  annually by persons certified under s. 633.216 633.081.
 6385         (c) Firesafety inspections of state universities shall
 6386  comply with the Florida Fire Prevention Code, as adopted by the
 6387  State Fire Marshal under s. 633.202 633.0215.
 6388         Section 159. Paragraphs (a), (b), and (d) of subsection (2)
 6389  and paragraph (a) of subsection (4) of section 1013.38, Florida
 6390  Statutes, are amended to read:
 6391         1013.38 Boards to ensure that facilities comply with
 6392  building codes and life safety codes.—
 6393         (2) In addition to the submission of site plans, boards may
 6394  provide compliance as follows:
 6395         (a) Boards or consortia may individually or cooperatively
 6396  provide review services under the insurance risk management
 6397  oversight through the use of board employees or consortia
 6398  employees registered pursuant to chapter 471, chapter 481, or
 6399  part XII of chapter 468 and firesafety inspectors certified
 6400  under s. 633.216 633.081.
 6401         (b) Boards may elect to review construction documents using
 6402  their own employees registered pursuant to chapter 471, chapter
 6403  481, or part XII of chapter 468 and firesafety inspectors
 6404  certified under s. 633.216 633.081.
 6405         (d) Boards or consortia may contract for plan review
 6406  services directly with engineers and architects registered
 6407  pursuant to chapter 471 or chapter 481 and firesafety inspectors
 6408  certified under s. 633.216 633.081.
 6409         (4)(a) Before the commencement of any new construction,
 6410  renovation, or remodeling, the board shall:
 6411         1. Approve or cause to be approved the construction
 6412  documents and evaluate such documents for compliance with the
 6413  Florida Building Code and the Florida Fire Prevention Code.
 6414         2. Ensure compliance with all applicable firesafety codes
 6415  and standards by contracting with a firesafety inspector
 6416  certified by the State Fire Marshal under s. 633.216 633.081.
 6417         Section 160. Subsection (2) of section 191.009, Florida
 6418  Statutes, is amended to read:
 6419         191.009 Taxes; non-ad valorem assessments; impact fees and
 6420  user charges.—
 6421         (2) NON-AD VALOREM ASSESSMENTS.—
 6422         (a) A district may levy non-ad valorem assessments as
 6423  defined in s. 197.3632 to construct, operate, and maintain those
 6424  district facilities and services provided pursuant to the
 6425  general powers listed in s. 191.006, the special powers listed
 6426  in s. 191.008, any applicable general laws of local application,
 6427  and a district’s enabling legislation. The rate of such
 6428  assessments must be fixed by resolution of the board pursuant to
 6429  the procedures contained in s. 191.011. Non-ad valorem
 6430  assessment rates set by the board may exceed the maximum rates
 6431  established by special act, county ordinance, the previous
 6432  year’s resolution, or referendum in an amount not to exceed the
 6433  average annual growth rate in Florida personal income over the
 6434  previous 5 years. Non-ad valorem assessment rate increases
 6435  within the personal income threshold are deemed to be within the
 6436  maximum rate authorized by law at the time of initial
 6437  imposition. Proposed non-ad valorem assessment increases that
 6438  which exceed the rate set the previous fiscal year or the rate
 6439  previously set by special act or county ordinance, whichever is
 6440  more recent, by more than the average annual growth rate in
 6441  Florida personal income over the last 5 years, or the first-time
 6442  levy of non-ad valorem assessments in a district, must be
 6443  approved by referendum of the electors of the district. The
 6444  referendum on the first-time levy of an assessment shall include
 6445  a notice of the future non-ad valorem assessment rate increases
 6446  permitted by this act without a referendum. Non-ad valorem
 6447  assessments shall be imposed, collected, and enforced pursuant
 6448  to s. 191.011.
 6449         (b)1. The non-ad valorem assessments in paragraph (a) may
 6450  be used to fund emergency medical services and emergency
 6451  transport services. However, if a district levies a non-ad
 6452  valorem assessment for emergency medical services or emergency
 6453  transport services, the district shall cease collecting ad
 6454  valorem taxes under subsection (1) of this section for that
 6455  particular service.
 6456         2. It is recognized that the provision of emergency medical
 6457  services and emergency transport services constitutes a benefit
 6458  to real property the same as any other improvement performed by
 6459  a district, such as fire suppression services, fire protection
 6460  services, fire prevention services, emergency rescue services,
 6461  and first response medical aid.
 6462         Section 161. Subsection (1) of section 191.011, Florida
 6463  Statutes, is amended to read:
 6464         191.011 Procedures for the levy and collection of non-ad
 6465  valorem assessments.—
 6466         (1) A district may provide for the levy of non-ad valorem
 6467  assessments under this act on the lands within the district for
 6468  and real estate benefited by the exercise of the powers
 6469  authorized by this act, or any part thereof, for all or any part
 6470  of the cost thereof. Non-ad valorem assessments may be levied
 6471  only on benefited real property at a rate of assessment based on
 6472  the special benefit accruing to such property from such services
 6473  or improvements. The district may use any assessment
 6474  apportionment methodology that meets fair apportionment
 6475  standards.
 6476         Section 162. This act shall take effect July 1, 2013.