Florida Senate - 2020 COMMITTEE AMENDMENT
Bill No. PCS (863198) for CS for SB 1404
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LEGISLATIVE ACTION
Senate . House
Comm: WD .
02/26/2020 .
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The Committee on Appropriations (Perry) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 429 - 1231
4 and insert:
5 Section 1. Subsection (13) of section 552.081, Florida
6 Statutes, is amended to read:
7 552.081 Definitions.—As used in this chapter:
8 (13) “Two-component explosives” means any two inert
9 components which, when mixed, become capable of detonation by
10 any detonator a No. 6 blasting cap, and shall be classified as a
11 Class “A” explosive when so mixed.
12 Section 2. Present subsection (2) of section 553.7921,
13 Florida Statutes, is redesignated as subsection (3), a new
14 subsection (2) is added to that section, and subsection (1) of
15 that section is amended, to read:
16 553.7921 Fire alarm permit application to local enforcement
17 agency.—
18 (1) A contractor must file a Uniform Fire Alarm Permit
19 Application as provided in subsection (3) (2) with the local
20 enforcement agency and must receive the fire alarm permit
21 before:
22 (a) installing or replacing a fire alarm, if the local
23 enforcement agency requires a plan review for the installation
24 or replacement; or
25 (b) Repairing an existing alarm system that was previously
26 permitted by the local enforcement agency if the local
27 enforcement agency requires a fire alarm permit for the repair.
28 (2) If the local enforcement agency requires a fire alarm
29 permit to repair an existing alarm system that was previously
30 permitted by the local enforcement agency, a contractor may
31 begin work after filing a Uniform Fire Alarm Permit Application
32 as provided in subsection (3). A fire alarm repaired pursuant to
33 this subsection may not be considered compliant until the
34 required permit is issued and the local enforcement agency
35 approves the repair.
36 Section 3. Effective January 1, 2021, subsection (3) of
37 section 626.2815, Florida Statutes, is amended to read:
38 626.2815 Continuing education requirements.—
39 (3) Each licensee except a title insurance agent must
40 complete a 4-hour 5-hour update course every 2 years which is
41 specific to the license held by the licensee. The course must be
42 developed and offered by providers and approved by the
43 department. The content of the course must address all lines of
44 insurance for which examination and licensure are required and
45 include the following subject areas: insurance law updates,
46 ethics for insurance professionals, disciplinary trends and case
47 studies, industry trends, premium discounts, determining
48 suitability of products and services, and other similar
49 insurance-related topics the department determines are relevant
50 to legally and ethically carrying out the responsibilities of
51 the license granted. A licensee who holds multiple insurance
52 licenses must complete an update course that is specific to at
53 least one of the licenses held. Except as otherwise specified,
54 any remaining required hours of continuing education are
55 elective and may consist of any continuing education course
56 approved by the department under this section.
57 (a) Except as provided in paragraphs (b), (c), (d), (e),
58 (i), and (j), each licensee must also complete 20 19 hours of
59 elective continuing education courses every 2 years.
60 (b) A licensee who has been licensed for 6 or more years
61 must also complete a minimum of 16 15 hours of elective
62 continuing education every 2 years.
63 (c) A licensee who has been licensed for 25 years or more
64 and is a CLU or a CPCU or has a Bachelor of Science degree in
65 risk management or insurance with evidence of 18 or more
66 semester hours in insurance-related courses must also complete a
67 minimum of 6 5 hours of elective continuing education courses
68 every 2 years.
69 (d) An individual who holds a license as a customer
70 representative and who is not a licensed life or health agent
71 must also complete a minimum of 6 5 hours of continuing
72 education courses every 2 years.
73 (e) An individual subject to chapter 648 must complete the
74 4-hour 5-hour update course and a minimum of 10 9 hours of
75 elective continuing education courses every 2 years.
76 (f) Elective continuing education courses for public
77 adjusters must be specifically designed for public adjusters and
78 approved by the department. Notwithstanding this subsection,
79 public adjusters for workers’ compensation insurance or health
80 insurance are not required to take continuing education courses
81 pursuant to this section.
82 (g) Excess hours accumulated during any 2-year compliance
83 period may be carried forward to the next compliance period.
84 (h) An individual teaching an approved course of
85 instruction or lecturing at any approved seminar and attending
86 the entire course or seminar qualifies for the same number of
87 classroom hours as would be granted to a person taking and
88 successfully completing such course or seminar. Credit is
89 limited to the number of hours actually taught unless a person
90 attends the entire course or seminar. An individual who is an
91 official of or employed by a governmental entity in this state
92 and serves as a professor, instructor, or in another position or
93 office, the duties and responsibilities of which are determined
94 by the department to require monitoring and review of insurance
95 laws or insurance regulations and practices, is exempt from this
96 section.
97 (i) For compliance periods beginning on or after October 1,
98 2014, any person who holds a license as a title insurance agent
99 must complete a minimum of 10 hours of continuing education
100 credit every 2 years in title insurance and escrow management
101 specific to this state and approved by the department, which
102 shall include at least 3 hours of continuing education on the
103 subject matter of ethics, rules, or compliance with state and
104 federal regulations relating specifically to title insurance and
105 closing services.
106 (j) For a licensee who is an active participant in an
107 association, 2 hours of elective continuing education credit per
108 calendar year may be approved by the department, if properly
109 reported by the association.
110 Section 4. Subsection (3) of section 633.102, Florida
111 Statutes, is amended to read:
112 633.102 Definitions.—As used in this chapter, the term:
113 (3)(a) “Contractor I” means a contractor whose business
114 includes the execution of contracts requiring the ability to lay
115 out, fabricate, install, inspect, alter, repair, and service all
116 types of fire protection systems, excluding preengineered
117 systems.
118 (b) “Contractor II” means a contractor whose business is
119 limited to the execution of contracts requiring the ability to
120 lay out, fabricate, install, inspect, alter, repair, and service
121 water sprinkler systems, water spray systems, foam-water
122 sprinkler systems, foam-water spray systems, standpipes,
123 combination standpipes and sprinkler risers, all piping that is
124 an integral part of the system beginning at the point of service
125 as defined in this section, sprinkler tank heaters, air lines,
126 thermal systems used in connection with sprinklers, and tanks
127 and pumps connected thereto, excluding preengineered systems.
128 (c) “Contractor III” means a contractor whose business is
129 limited to the execution of contracts requiring the ability to
130 fabricate, install, inspect, alter, repair, and service carbon
131 dioxide systems, foam extinguishing systems, dry chemical
132 systems, and Halon and other chemical systems, excluding
133 preengineered systems.
134 (d) “Contractor IV” means a contractor whose business is
135 limited to the execution of contracts requiring the ability to
136 lay out, fabricate, install, inspect, alter, repair, and service
137 automatic fire sprinkler systems for detached one-family
138 dwellings, detached two-family dwellings, and mobile homes,
139 excluding preengineered systems and excluding single-family
140 homes in cluster units, such as apartments, condominiums, and
141 assisted living facilities or any building that is connected to
142 other dwellings. A Contractor IV is limited to the scope of
143 practice specified in NFPA 13D.
144 (e) “Contractor V” means a contractor whose business is
145 limited to the execution of contracts requiring the ability to
146 fabricate, install, inspect, alter, repair, and service the
147 underground piping for a fire protection system using water as
148 the extinguishing agent beginning at the point of service as
149 defined in this act and ending no more than 1 foot above the
150 finished floor.
151
152 The definitions in this subsection may not be construed to
153 include engineers or architects and do not limit or prohibit a
154 licensed fire protection engineer or architect with fire
155 protection design experience from designing any type of fire
156 protection system. A distinction is made between system design
157 concepts prepared by the design professional and system layout
158 as defined in this section and typically prepared by the
159 contractor. However, a person certified as a Contractor I or,
160 Contractor II, or Contractor IV under this chapter may design
161 new fire protection systems of 49 or fewer sprinklers;, and may
162 design the alteration of an existing fire sprinkler system if
163 the alteration consists of the relocation, addition, or deletion
164 of not more than 49 or fewer sprinklers, notwithstanding the
165 size of the existing fire sprinkler system; or may design the
166 alteration of an existing fire sprinkler system if the
167 alteration consists of the relocation or deletion of 249 or
168 fewer sprinklers, notwithstanding the size of the existing fire
169 sprinkler system, if there is no change of occupancy, as defined
170 in the Florida Building Code, of the affected areas and there is
171 no change in the water demand as defined in National Fire
172 Protection Association publication NFPA 13 “Standard for the
173 Installation of Sprinkler Systems,” and if the occupancy hazard
174 classification as defined in NFPA 13 is reduced or remains the
175 same as a result of the alteration. A person certified as a
176 Contractor I, Contractor II, or Contractor IV may design or
177 alter a fire protection system, the scope of which complies with
178 NFPA 13D, Standard for the Installation of Sprinkler Systems in
179 One- and Two-Family Dwellings and Manufactured Homes, as adopted
180 by the State Fire Marshal, notwithstanding the number of fire
181 sprinklers. Contractor-developed plans may not be required by
182 any local permitting authority to be sealed by a registered
183 professional engineer.
184 Section 5. Section 633.136, Florida Statutes, is amended to
185 read:
186 633.136 Fire and Emergency Incident Information Reporting
187 Program; duties; fire reports.—
188 (1)(a) The Fire and Emergency Incident Information
189 Reporting Program is created within the division. The program
190 shall:
191 1. Establish and maintain an electronic communication
192 system capable of transmitting fire and emergency incident
193 information to and between fire service providers protection
194 agencies.
195 2. Initiate a Fire and Emergency Incident Information
196 Reporting System that shall be responsible for:
197 a. Receiving fire and emergency incident information from
198 fire service providers protection agencies.
199 b. Preparing and disseminating annual reports to the
200 Governor, the President of the Senate, the Speaker of the House
201 of Representatives, fire service providers protection agencies,
202 and, upon request, the public. Each report shall include, but
203 not be limited to, the information listed in the National Fire
204 Incident Reporting System.
205 c. Upon request, providing other states and federal
206 agencies with fire and emergency incident data of this state.
207 3. Adopt rules to effectively and efficiently implement,
208 administer, manage, maintain, and use the Fire and Emergency
209 Incident Information Reporting Program. The rules shall be
210 considered minimum requirements and shall not preclude a fire
211 service provider protection agency from implementing its own
212 requirements which may not conflict with the rules of the
213 division.
214 4. By rule, establish procedures and a format for each fire
215 service provider protection agency to voluntarily monitor its
216 records and submit reports to the program.
217 5. Maintain Establish an electronic information database
218 that is accessible and searchable by fire service providers
219 protection agencies.
220 (b) The division shall consult with the Florida Forest
221 Service of the Department of Agriculture and Consumer Services
222 and the State Surgeon General of the Department of Health to
223 coordinate data, ensure accuracy of the data, and limit
224 duplication of efforts in data collection, analysis, and
225 reporting.
226 (2) The Fire and Emergency Incident Information System
227 Technical Advisory Panel is created within the division. The
228 panel shall advise, review, and recommend to the State Fire
229 Marshal with respect to the requirements of this section. The
230 membership of the panel shall consist of the following 15
231 members:
232 (a) The current 13 members of the Firefighters Employment,
233 Standards, and Training Council as established in s. 633.402.
234 (b) One member from the Florida Forest Service of the
235 Department of Agriculture and Consumer Services, appointed by
236 the director of the Florida Forest Service.
237 (c) One member from the Department of Health, appointed by
238 the State Surgeon General.
239 (3) As used in For the purpose of this section, the term
240 “fire service provider” has the same meaning as in s. 633.102
241 “fire protection agency” shall be defined by rule by the
242 division.
243 Section 6. Subsections (18) and (20) of section 633.202,
244 Florida Statutes, are amended to read:
245 633.202 Florida Fire Prevention Code.—
246 (18) The authority having jurisdiction shall determine the
247 minimum radio signal strength for fire department communications
248 in all new high-rise and existing high-rise buildings. Existing
249 buildings are not required to comply with minimum radio strength
250 for fire department communications and two-way radio system
251 enhancement communications as required by the Florida Fire
252 Prevention Code until January 1, 2023 2022. However, by January
253 1, 2022 December 31, 2019, an existing building that is not in
254 compliance with the requirements for minimum radio strength for
255 fire department communications must have completed a minimum
256 radio strength assessment apply for an appropriate permit for
257 the required installation with the local government agency
258 having jurisdiction and must demonstrate that the building will
259 become compliant by January 1, 2023 2022. Existing apartment
260 buildings are not required to comply until January 1, 2025.
261 However, existing apartment buildings are required to apply for
262 the appropriate permit for the required communications
263 installation by December 31, 2022.
264 (20)(a) In apartment occupancies with enclosed corridors
265 served by interior or exterior exit stairs, doorstep refuse and
266 recycling collection containers, which stand upright on their
267 own and do not leak liquids when standing upright, must be
268 allowed in exit access corridors when all of the following
269 conditions exist:
270 1. The maximum doorstep refuse and recycling collection
271 container size does not exceed 13 gallons.
272 2. Waste, which is in a doorstep refuse and recycling
273 collection container, is not placed in the exit access corridors
274 for single periods exceeding 5 hours.
275 3. Doorstep refuse and recycling collection containers do
276 not occupy the exit access corridors for single periods
277 exceeding 12 hours.
278 4. Doorstep refuse and recycling collection containers do
279 not reduce the means of egress width below that required under
280 NFPA Life Safety Code 101:31, as adopted under the Florida Fire
281 Prevention Code.
282 5. Management staff have written policies and procedures in
283 place and enforce them to ensure compliance with this paragraph,
284 and, upon request, provide a copy of such policies and
285 procedures to the authority having jurisdiction.
286 (b) In apartment occupancies with open-air corridors or
287 balconies served by exterior exit stairs, doorstep refuse and
288 recycling collection containers, which stand upright on their
289 own and do not leak liquids when standing upright, must be
290 allowed in exit access corridors when all of the following
291 conditions exist:
292 1. The maximum doorstep refuse and recycling collection
293 container size does not exceed 27 gallons.
294 2. Waste, which is in a doorstep refuse and recycling
295 collection container, is not placed in the exit access corridors
296 for single periods exceeding 5 hours.
297 3. Doorstep refuse and recycling collection containers do
298 not reduce the means of egress width below that required under
299 NFPA Life Safety Code 101:31, as adopted under the Florida Fire
300 Prevention Code.
301 4. Management staff have written policies and procedures in
302 place and enforce them to ensure compliance with this paragraph,
303 and, upon request, provide a copy of such policies and
304 procedures to the authority having jurisdiction.
305 (c) The authority having jurisdiction may approve
306 alternative containers and storage arrangements that are
307 demonstrated to provide an equivalent level of safety to that
308 provided under paragraphs (a) and (b).
309 (d) The authority having jurisdiction shall allow apartment
310 occupancies a phase-in period until December 31, 2020, to comply
311 with this subsection.
312 (e) This subsection is repealed on January 1, 2024 July 1,
313 2021.
314 Section 7. Section 633.217, Florida Statutes, is created to
315 read:
316 633.217 Influencing a firesafety inspector; prohibited
317 acts.—
318 (1) A person may not influence a firesafety inspector by:
319 (a) Threatening, coercing, tricking, or attempting to
320 threaten, coerce, or trick the firesafety inspector into
321 violating any provision of the Florida Fire Prevention Code, any
322 rule adopted by the State Fire Marshal, or any provision of this
323 chapter.
324 (b) Offering any compensation to the firesafety inspector
325 to induce a violation of the Florida Fire Prevention Code, any
326 rule adopted by the State Fire Marshal, or any provision of this
327 chapter.
328 (2) A firesafety inspector may not knowingly and willfully
329 accept an attempt by a person to influence the firesafety
330 inspector into violating any provision of the Florida Fire
331 Prevention Code, any rule adopted by the State Fire Marshal, or
332 any provision of this chapter.
333 Section 8. Paragraphs (d), (g), and (h) of subsection (4)
334 of section 633.304, Florida Statutes, are amended to read:
335 633.304 Fire suppression equipment; license to install or
336 maintain.—
337 (4)
338 (d) A license of any class may not be issued or renewed by
339 the division and a license of any class does not remain
340 operative unless:
341 1. The applicant has submitted to the State Fire Marshal
342 evidence of registration as a Florida corporation or evidence of
343 compliance with s. 865.09.
344 2. The State Fire Marshal or his or her designee has by
345 inspection determined that the applicant possesses the equipment
346 required for the class of license sought. The State Fire Marshal
347 shall give an applicant a reasonable opportunity to correct any
348 deficiencies discovered by inspection. To obtain such
349 inspection, an applicant with facilities located outside this
350 state must:
351 a. Provide a notarized statement from a professional
352 engineer licensed by the applicant’s state of domicile
353 certifying that the applicant possesses the equipment required
354 for the class of license sought and that all such equipment is
355 operable; or
356 b. Allow the State Fire Marshal or her or his designee to
357 inspect the facility. All costs associated with the State Fire
358 Marshal’s inspection must be paid by the applicant. The State
359 Fire Marshal, in accordance with s. 120.54, may adopt rules to
360 establish standards for the calculation and establishment of the
361 amount of costs associated with any inspection conducted by the
362 State Fire Marshal under this section. Such rules must include
363 procedures for invoicing and receiving funds in advance of the
364 inspection.
365 3. The applicant has submitted to the State Fire Marshal
366 proof of insurance providing coverage for comprehensive general
367 liability for bodily injury and property damage, products
368 liability, completed operations, and contractual liability. The
369 State Fire Marshal shall adopt rules providing for the amounts
370 of such coverage, but such amounts may not be less than $300,000
371 for Class A or Class D licenses, $200,000 for Class B licenses,
372 and $100,000 for Class C licenses; and the total coverage for
373 any class of license held in conjunction with a Class D license
374 may not be less than $300,000. The State Fire Marshal may, at
375 any time after the issuance of a license or its renewal, require
376 upon demand, and in no event more than 30 days after notice of
377 such demand, the licensee to provide proof of insurance, on the
378 insurer’s form, containing confirmation of insurance coverage as
379 required by this chapter. Failure, for any length of time, to
380 provide proof of insurance coverage as required must result in
381 the immediate suspension of the license until proof of proper
382 insurance is provided to the State Fire Marshal. An insurer that
383 provides such coverage shall notify the State Fire Marshal of
384 any change in coverage or of any termination, cancellation, or
385 nonrenewal of any coverage.
386 4. The applicant applies to the State Fire Marshal,
387 provides proof of experience, and successfully completes a
388 prescribed training course that includes both written and
389 practical training offered at by the State Fire College and or
390 an equivalent course approved by the State Fire Marshal as
391 applicable to the class of license being sought. This
392 subparagraph does not apply to any holder of or applicant for a
393 permit under paragraph (g) or to a business organization or a
394 governmental entity seeking initial licensure or renewal of an
395 existing license solely for the purpose of inspecting,
396 servicing, repairing, marking, recharging, and maintaining fire
397 extinguishers used and located on the premises of and owned by
398 such organization or entity.
399 5. The applicant has a current retestor identification
400 number that is appropriate for the license for which the
401 applicant is applying and that is listed with the United States
402 Department of Transportation.
403 6. The applicant has passed, with a grade of at least 70
404 percent, a written examination testing his or her knowledge of
405 the rules and statutes governing the activities authorized by
406 the license and demonstrating his or her knowledge and ability
407 to perform those tasks in a competent, lawful, and safe manner.
408 Such examination must be developed and administered by the State
409 Fire Marshal, or his or her designee in accordance with policies
410 and procedures of the State Fire Marshal. An applicant shall pay
411 a nonrefundable examination fee of $50 for each examination or
412 reexamination scheduled. A reexamination may not be scheduled
413 sooner than 30 days after any administration of an examination
414 to an applicant. An applicant may not be permitted to take an
415 examination for any level of license more than a total of four
416 times during 1 year, regardless of the number of applications
417 submitted. As a prerequisite to licensure of the applicant, he
418 or she:
419 a. Must be at least 18 years of age.
420 b. Must have 4 years of proven experience as a fire
421 equipment permittee at a level equal to or greater than the
422 level of license applied for or have a combination of education
423 and experience determined to be equivalent thereto by the State
424 Fire Marshal. Having held a permit at the appropriate level for
425 the required period constitutes the required experience.
426 c. Must not have been convicted of a felony or a crime
427 punishable by imprisonment of 1 year or more under the law of
428 the United States or of any state thereof or under the law of
429 any other country. “Convicted” means a finding of guilt or the
430 acceptance of a plea of guilty or nolo contendere in any federal
431 or state court or a court in any other country, without regard
432 to whether a judgment of conviction has been entered by the
433 court having jurisdiction of the case. If an applicant has been
434 convicted of any such felony, the applicant is excluded from
435 licensure for a period of 4 years after expiration of sentence
436 or final release by the Florida Commission on Offender Review
437 unless the applicant, before the expiration of the 4-year
438 period, has received a full pardon or has had her or his civil
439 rights restored.
440
441 This subparagraph does not apply to any holder of or applicant
442 for a permit under paragraph (g) or to a business organization
443 or a governmental entity seeking initial licensure or renewal of
444 an existing license solely for the purpose of inspecting,
445 servicing, repairing, marking, recharging, hydrotesting, and
446 maintaining fire extinguishers used and located on the premises
447 of and owned by such organization or entity.
448 (g) A permit of any class may not be issued or renewed to a
449 person by the division, and a permit of any class does not
450 remain operative, unless the person has:
451 1. Submitted a nonrefundable examination fee in the amount
452 of $50.
453 2. Successfully completed a training course that includes
454 both written and practical training offered at by the State Fire
455 College and or an equivalent course approved by the State Fire
456 Marshal as applicable to the class of license being sought.
457 3. Passed, with a grade of at least 70 percent, a written
458 examination testing his or her knowledge of the rules and
459 statutes governing the activities authorized by the permit and
460 demonstrating his or her knowledge and ability to perform those
461 tasks in a competent, lawful, and safe manner. Such examination
462 must be developed and administered by the State Fire Marshal in
463 accordance with the policies and procedures of the State Fire
464 Marshal. An examination fee must be paid for each examination
465 scheduled. A reexamination may not be scheduled sooner than 30
466 days after any administration of an examination to an applicant.
467 An applicant may not be permitted to take an examination for any
468 level of permit more than four times during 1 year, regardless
469 of the number of applications submitted. As a prerequisite to
470 taking the permit examination, the applicant must be at least 16
471 years of age.
472 (h) An applicant for a license or permit under this section
473 who fails the examination may take it three more times during
474 the 1-year period after he or she originally filed an
475 application for the examination. If the applicant fails the
476 examination within 1 year after the application date and he or
477 she seeks to retake the examination, he or she must file a new
478 application, pay the application and examination fees, and
479 successfully complete a prescribed training course that includes
480 both written and practical training offered at by the State Fire
481 College and or an equivalent course approved by the State Fire
482 Marshal as applicable to the class of license being sought. The
483 applicant may not submit a new application within 6 months after
484 the date of his or her fourth reexamination. An applicant who
485 passes the examination but does not meet the remaining
486 qualifications prescribed by law and rule within 1 year after
487 the application date must file a new application, pay the
488 application and examination fee, successfully complete a
489 prescribed training course that includes both written and
490 practical training offered at approved by the State Fire College
491 and or an equivalent course approved by the State Fire Marshal
492 as applicable to the class of license being sought, and pass the
493 written examination.
494 Section 9. Subsection (1) of section 633.402, Florida
495 Statutes, is amended to read:
496 633.402 Firefighters Employment, Standards, and Training
497 Council; organization; meetings; quorum; compensation; seal;
498 special powers; firefighter training.—
499 (1) There is created within the department a Firefighters
500 Employment, Standards, and Training Council of 15 14 members.
501 (a) The members shall be appointed as follows:
502 1. Two fire chiefs appointed by the Florida Fire Chiefs
503 Association.
504 2. Two firefighters, who are not officers, appointed by the
505 Florida Professional Firefighters Association.
506 3. Two firefighter officers, who are not fire chiefs,
507 appointed by the State Fire Marshal.
508 4. One individual appointed by the Florida League of
509 Cities.
510 5. One individual appointed by the Florida Association of
511 Counties.
512 6. One individual appointed by the Florida Association of
513 Special Districts.
514 7. One individual appointed by the Florida Fire Marshals’
515 and Inspectors’ Association.
516 8. One employee of the Florida Forest Service of the
517 Department of Agriculture and Consumer Services appointed by the
518 director of the Florida Forest Service.
519 9. One individual appointed by the State Fire Marshal.
520 10. One director or instructor of a state-certified
521 firefighting training facility appointed by the State Fire
522 Marshal.
523 11. One individual The remaining member, who shall be
524 appointed by the State Fire Marshal, who may not be a member or
525 representative of the firefighting profession or of any local
526 government.
527 12. One individual from the Department of Health, appointed
528 by the Surgeon General.
529 (b) To be eligible for appointment as a member under
530 subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
531 subparagraph (a)8., or subparagraph (a)10., a person must have
532 had at least 4 years’ experience in the firefighting profession.
533 Members shall serve only as long as they continue to meet the
534 criteria under which they were appointed, or unless a member has
535 failed to appear at three consecutive and properly noticed
536 meetings unless excused by the chair.
537 Section 10. Subsection (1) of section 633.416, Florida
538 Statutes, is amended to read:
539 633.416 Firefighter employment and volunteer firefighter
540 service; saving clause.—
541 (1) A fire service provider may not employ an individual
542 to:
543 (a) Extinguish fires for the protection of life or property
544 or to supervise individuals who perform such services unless the
545 individual holds a current and valid Firefighter Certificate of
546 Compliance. However, a person who is currently serving as a
547 volunteer firefighter and holds a volunteer firefighter
548 certificate of completion with a fire service provider, who is
549 then employed as a regular or permanent firefighter by such fire
550 service provider, may function, for a period of 1 year under the
551 direct supervision of an individual holding a valid firefighter
552 certificate of compliance, in the same capacity in which he or
553 she acted as a volunteer firefighter, provided that he or she
554 has completed all training required by the volunteer
555 organization. Under no circumstance can this period extend
556 beyond 1 year either collectively or consecutively from the
557 start of employment to obtain a Firefighter Certificate of
558 Compliance; or
559 (b) Serve as the administrative and command head of a fire
560 service provider for a period in excess of 1 year unless the
561 individual holds a current and valid Firefighter Certificate of
562 Compliance or Special Certificate of Compliance.
563 Section 11. Section 843.08, Florida Statutes, is amended to
564 read:
565 843.08 False personation.—A person who falsely assumes or
566 pretends to be a firefighter, a sheriff, an officer of the
567 Florida Highway Patrol, an officer of the Fish and Wildlife
568 Conservation Commission, an officer of the Department of
569 Environmental Protection, a fire or arson investigator of the
570 Department of Financial Services, an officer of the Department
571 of Financial Services, any personnel or representative of the
572 Division of Investigative and Forensic Services, an officer of
573 the Department of Corrections, a correctional probation officer,
574 a deputy sheriff, a state attorney or an assistant state
575 attorney, a statewide prosecutor or an assistant statewide
576 prosecutor, a state attorney investigator, a coroner, a police
577 officer, a lottery special agent or lottery investigator, a
578 beverage enforcement agent, a school guardian as described in s.
579 30.15(1)(k), a security officer licensed under chapter 493, any
580 member of the Florida Commission on Offender Review or any
581 administrative aide or supervisor employed by the commission,
582 any personnel or representative of the Department of Law
583 Enforcement, or a federal law enforcement officer as defined in
584 s. 901.1505, and takes upon himself or herself to act as such,
585 or to require any other person to aid or assist him or her in a
586 matter pertaining to the duty of any such officer, commits a
587 felony of the third degree, punishable as provided in s.
588 775.082, s. 775.083, or s. 775.084. However, a person who
589 falsely personates any such officer during the course of the
590 commission of a felony commits a felony of the second degree,
591 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
592 If the commission of the felony results in the death or personal
593 injury of another human being, the person commits a felony of
594 the first degree, punishable as provided in s. 775.082, s.
595 775.083, or s. 775.084.
596 Section 12. Paragraph (f) is added to subsection (11) of
597 section 943.045, Florida Statutes, to read:
598 943.045 Definitions; ss. 943.045-943.08.—The following
599 words and phrases as used in ss. 943.045-943.08 shall have the
600 following meanings:
601 (11) “Criminal justice agency” means:
602 (f) The investigations component of the Department of
603 Financial Services which investigates the crimes of fraud and
604 official misconduct in all public assistance given to residents
605 of the state or provided to others by the state.
606 Section 13. Effective upon this act becoming a law,
607 subsection (3) of section 40 of chapter 2019-140, Laws of
608 Florida, is amended to read:
609 Section 14. (3) The task force shall submit a report to the
610 Governor,
611
612 ================= T I T L E A M E N D M E N T ================
613 And the title is amended as follows:
614 Delete lines 42 - 110
615 and insert:
616 amending s. 552.081, F.S.; revising the definition of
617 the term “two-component explosives” for the purpose of
618 regulation by the Division of State Fire Marshal;
619 amending s. 553.7921, F.S.; authorizing a contractor
620 repairing certain existing fire alarm systems to begin
621 work after filing an application for a required permit
622 but before receiving the permit; providing
623 construction; amending s. 626.2815, F.S.; revising
624 continuing education requirements for certain persons
625 licensed to solicit, sell, or adjust insurance;
626 amending s. 633.102, F.S.; revising the authority of
627 certain fire protection system contractors to design
628 and alter certain systems; amending s. 633.136, F.S.;
629 replacing fire protection agencies in the Fire and
630 Emergency Incident Information Reporting Program with
631 fire service providers and defining the term; revising
632 the composition of the Fire and Emergency Incident
633 Information System Technical Advisory Panel; amending
634 s. 633.202, F.S.; extending a deadline for certain
635 buildings to comply with a minimum radio signal
636 strength requirement under the Florida Fire Prevention
637 Code; requiring such buildings to meet certain
638 conditions by a specified date; extending the repeal
639 date of exemptions to the Florida Fire Prevention Code
640 which authorize doorstep refuse and recycling
641 collection containers to be in exit access corridors
642 in certain apartment occupancies under certain
643 circumstances; creating s. 633.217, F.S.; prohibiting
644 certain acts to influence a firesafety inspector into
645 violating certain laws; prohibiting a firesafety
646 inspector from knowingly and willfully accepting an
647 attempt to influence him or her into violating certain
648 laws; amending s. 633.304, F.S.; revising requirements
649 for training courses for licensees installing or
650 maintaining certain fire suppression equipment;
651 amending s. 633.402, F.S.; revising the composition of
652 the Firefighters Employment, Standards, and Training
653 Council; amending s. 633.416, F.S.; providing that
654 certain persons serving as volunteer firefighters may
655 serve as a regular or permanent firefighter for a
656 limited period, subject to certain restrictions;
657 amending s. 843.08, F.S.; prohibiting false
658 personation of personnel or representatives of the
659 Division of Investigative and Forensic Services;
660 providing criminal penalties; amending s. 943.045,
661 F.S.; revising the definition of the term “criminal
662 justice agency” to include the investigations
663 component of the department which investigates certain
664 crimes; amending chapter 2019-140, L.O.F.; extending
665 the deadline for the Florida Blockchain Task Force to