Florida Senate - 2015                                     SB 244
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00455A-15                                            2015244__
    1                        A bill to be entitled                      
    2         An act relating to volunteer firefighting; amending s.
    3         633.102, F.S.; redefining the term “volunteer
    4         firefighter” to include an individual who provides
    5         fire extinguishment or fire prevention services for a
    6         municipality or county with a specified population;
    7         creating s. 633.103, F.S.; specifying that the
    8         provisions of the chapter and rules of the Division of
    9         State Fire Marshal relating to fire standards and
   10         training and the Florida Firefighters Occupational
   11         Safety and Health Act do not apply to a fire service
   12         provider or firefighter employer that is a
   13         municipality or county with a specified population if
   14         utilizing a volunteer firefighter or volunteer fire
   15         department, and do not apply to a volunteer
   16         firefighter who is being utilized by such a provider
   17         or an employer; reenacting s. 627.4107, F.S., relating
   18         to the prohibition against the cancellation of a life
   19         or health policy or certificate for a government
   20         employee exposed to toxic drug chemicals, to
   21         incorporate the amendment made to s. 633.102, F.S., in
   22         a reference thereto; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Subsection (35) of section 633.102, Florida
   27  Statutes, is amended to read:
   28         633.102 Definitions.—As used in this chapter, the term:
   29         (35) “Volunteer firefighter” means an individual who holds
   30  a current and valid Volunteer Firefighter Certificate of
   31  Completion issued by the division under s. 633.408 or who
   32  provides fire extinguishment or fire prevention services,
   33  individually or through a volunteer fire department, for a
   34  municipality with a population less than 12,000 or a county with
   35  a population less than 175,000.
   36         Section 2. Section 633.103, Florida Statutes, is created to
   37  read:
   38         633.103 Applicability to small municipalities and
   39  counties.—Parts IV and V of this chapter and rules adopted by
   40  the division pursuant to those parts do not apply to:
   41         (1) A fire service provider or firefighter employer as
   42  defined under part V of this chapter if the provider or employer
   43  is utilizing a volunteer firefighter or volunteer fire
   44  department and is a municipality with a population less than
   45  12,000 or a county with a population less than 175,000.
   46         (2) A volunteer firefighter who is utilized by an employer
   47  or a provider described under subsection (1).
   48         Section 3. For the purpose of incorporating the amendment
   49  made by this act to section 633.102, Florida Statutes, in a
   50  reference thereto, section 627.4107, Florida Statutes, is
   51  reenacted to read:
   52         627.4107 Government employees exposed to toxic drug
   53  chemicals; cancellation of life or health policy or certificate
   54  prohibited.—No life or health insurer may cancel or nonrenew a
   55  life or health insurance policy or certificate of insurance
   56  providing coverage to a state or local law enforcement officer
   57  as defined in s. 943.10, firefighter as defined in s. 633.102,
   58  emergency medical technician as defined in s. 401.23, or
   59  paramedic as defined in s. 401.23, a volunteer firefighter as
   60  defined in s. 633.102 engaged by state or local government, a
   61  law enforcement officer employed by the Federal Government, or
   62  any other local, state, or Federal Government employee solely
   63  based on the fact that the individual has been exposed to toxic
   64  chemicals or suffered injury or disease as a result of the
   65  individual’s lawful duties arising out of the commission of a
   66  violation of chapter 893 by another person. This section does
   67  not apply to a person who commits an offense under chapter 893.
   68  This section does not prohibit an insurer from canceling or
   69  nonrenewing an insurance policy or certificate, as permitted
   70  under the applicable state insurance code, based on an act or
   71  practice of the policyholder or certificateholder that
   72  constitutes fraud or intentional misrepresentation of material
   73  fact by the policyholder or certificateholder.
   74         Section 4. This act shall take effect July 1, 2015.