Bill Text: FL S1410 | 2013 | Regular Session | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Fire Safety and Prevention
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2013-06-17 - Chapter No. 2013-183 [S1410 Detail]
Download: Florida-2013-S1410-Engrossed.html
Bill Title: Fire Safety and Prevention
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2013-06-17 - Chapter No. 2013-183 [S1410 Detail]
Download: Florida-2013-S1410-Engrossed.html
CS for CS for SB 1410 First Engrossed
20131410e1
1 A bill to be entitled
2 An act relating to fire safety and prevention;
3 providing a directive to the Division of Law Revision
4 and Information to create part I of ch. 633, F.S.,
5 entitled “General Provisions”; transferring,
6 renumbering, and amending s. 633.021, F.S.; revising
7 and providing definitions; transferring, renumbering,
8 and amending s. 633.01, F.S.; revising provisions
9 relating to the authority of the State Fire Marshal;
10 removing references to the Life Safety Code; revising
11 the renewal period for firesafety inspector
12 requirements for certification; conforming cross
13 references; authorizing the State Fire Marshal to
14 administer oaths and take testimony; authorizing the
15 State Fire Marshal to enter into contracts with
16 private entities for the administration of
17 examinations; transferring, renumbering, and amending
18 s. 633.163, F.S.; revising provisions relating to the
19 disciplinary authority of the State Fire Marshal;
20 authorizing the State Fire Marshal to deny, suspend,
21 or revoke the licenses of certain persons; providing
22 terms and conditions of probation; transferring and
23 renumbering s. 633.15, F.S., relating to the force and
24 effect of ch. 633, F.S., and rules adopted by the
25 State Fire Marshal on municipalities, counties, and
26 special districts having fire safety responsibilities;
27 transferring, renumbering, and amending s. 633.101,
28 F.S.; revising provisions relating to hearings,
29 investigations, and recordkeeping duties and the
30 authority of the State Fire Marshal; authorizing the
31 State Fire Marshal to designate an agent for various
32 purposes related to hearings; providing for the
33 issuance of subpoenas; requiring the State Fire
34 Marshal to investigate certain fires and explosions
35 under certain circumstances; transferring,
36 renumbering, and amending s. 633.111, F.S.; requiring
37 the State Fire Marshal to keep records of all fires
38 and explosions; transferring, renumbering, and
39 amending s. 633.02, F.S.; revising provisions relating
40 to the authority of agents of the State Fire Marshal;
41 transferring and renumbering s. 633.14, F.S., relating
42 to the powers of agents of the State Fire Marshal to
43 make arrests, conduct searches and seizures, serve
44 summonses, and carry firearms; transferring,
45 renumbering, and amending s. 633.121, F.S., relating
46 to persons authorized to enforce laws and rules of the
47 State Fire Marshal; revising terminology;
48 transferring, renumbering, and amending s. 633.151,
49 F.S.; clarifying provisions relating to impersonating
50 the State Fire Marshal, a firefighter, a firesafety
51 inspector, or a volunteer firefighter, for which a
52 criminal penalty is provided; transferring,
53 renumbering, and amending s. 633.171, F.S.; providing
54 penalties for rendering a fire protection system
55 required by statute or by rule inoperative; providing
56 penalties for using the certificate of another person,
57 holding a license or certificate and allowing another
58 person to use the license or certificate, and using or
59 allowing the use of any certificate or permit by any
60 individual or organization other than the individual
61 to whom the certificate or permit is issued;
62 conforming a cross-reference; transferring,
63 renumbering, and amending s. 633.175, F.S., relating
64 to investigation of fraudulent insurance claims and
65 crimes and immunity of insurance companies supplying
66 information relative thereto; defining the term
67 “consultant”; revising provisions to include
68 investigation of explosions in fraudulent insurance
69 claim investigations; authorizing the State Fire
70 Marshal to adopt rules to implement provisions
71 relating to an insurance company’s investigation of a
72 suspected fire or explosion by intentional means;
73 revising terminology; conforming a cross-reference;
74 transferring, renumbering, and amending s. 633.45,
75 F.S.; clarifying and revising the powers and duties of
76 the Division of State Fire Marshal; requiring the
77 division to establish by rule uniform minimum
78 standards for the employment and training of
79 firefighters and volunteer firefighters; requiring the
80 division to establish by rule minimum curriculum
81 requirements and criteria for the approval of
82 education or training providers; requiring the
83 division to specify by rule standards for the
84 approval, denial of approval, probation, suspension,
85 and revocation of approval of education or training
86 providers and facilities for training firefighters and
87 volunteer firefighters; requiring the division to
88 specify by rule standards for the certification,
89 denial of certification, probation, and revocation of
90 certification for instructors; requiring the division
91 to establish by rule minimum training qualifications
92 for persons serving as specified fire safety
93 coordinators; requiring the division to issue
94 specified licenses, certificates, and permits;
95 conforming cross-references; creating s. 633.132,
96 F.S.; establishing fees to be collected by the
97 division; authorizing the division to establish by
98 rule fees necessary to cover administrative costs and
99 to collect such fees in advance; providing for the
100 appropriation and deposit of all funds collected by
101 the State Fire Marshal pursuant to ch. 633, F.S.;
102 transferring and renumbering s. 633.39, F.S., relating
103 to acceptance by the division of donations of property
104 and grants of money; transferring, renumbering, and
105 amending s. 633.115, F.S., relating to the Fire and
106 Emergency Incident Information Reporting Program;
107 making technical changes; conforming a cross
108 reference; creating s. 633.138, F.S.; providing
109 requirements with respect to notice of change of
110 address of record for, and notice of felony actions
111 against, a licensee, permittee, or certificateholder;
112 transferring, renumbering and amending s. 633.042,
113 F.S.; revising the “Reduced Cigarette Ignition
114 Propensity Standard and Firefighter Protection Act” to
115 include preemption by the act of local laws and rules;
116 providing a directive to the Division of Law Revision
117 and Information to create part II of ch. 633, F.S.,
118 entitled “Fire Safety and Prevention”; transferring,
119 renumbering, and amending s. 633.0215, F.S., relating
120 to the Florida Fire Prevention Code; conforming cross
121 references; deleting an obsolete provision;
122 transferring, renumbering, and amending s. 633.72,
123 F.S., relating to the Florida Fire Code Advisory
124 Council; revising membership of the council; providing
125 for semiannual meetings of the council; authorizing
126 the council to review proposed changes to the Florida
127 Fire Prevention Code and specified uniform firesafety
128 standards; conforming cross-references; transferring,
129 renumbering, and amending s. 633.022, F.S., relating
130 to uniform firesafety standards; revising
131 applicability of uniform firesafety standards;
132 removing obsolete provisions; transferring,
133 renumbering, and amending s. 633.025, F.S., relating
134 to minimum firesafety standards; deleting references
135 to the Life Safety Code; conforming provisions to
136 changes made by the act; conforming a cross-reference;
137 transferring, renumbering, and amending s. 633.026,
138 F.S., relating to informal interpretations of the
139 Florida Fire Prevention Code and legislative intent
140 with respect thereto; conforming provisions to changes
141 made by the act; conforming cross-references; revising
142 terminology to provide for declaratory statements
143 rather than formal interpretations in nonbinding
144 interpretations of Florida Fire Prevention Code
145 provisions; transferring, renumbering, and amending s.
146 633.052, F.S., relating to ordinances relating to fire
147 safety and penalties for violation; conforming
148 terminology; providing that a special district may
149 enact any ordinance relating to fire safety codes that
150 is identical to ch. 633, F.S., or any state law,
151 except as to penalty; transferring, renumbering, and
152 amending s. 633.081, F.S., relating to inspection of
153 buildings and equipment; clarifying persons authorized
154 to inspect buildings and structures; conforming cross
155 references; revising requirements of persons
156 conducting fire safety inspections; revising the
157 period of validity of, and continuing education
158 requirements for, fire safety inspector certificates;
159 requiring repeat training for certified firesafety
160 inspectors whose certification has lapsed for a
161 specified period; revising grounds for denial, refusal
162 to renew, suspension, or revocation of a fire safety
163 inspector certificate; requiring the department to
164 provide by rule for the certification of Fire Code
165 Administrators; transferring, renumbering, and
166 amending s. 633.085, F.S., relating to inspection of
167 state buildings and premises; defining the terms
168 “high-hazard occupancy” and “state-owned building”;
169 providing for identification of state-owned buildings
170 or state-leased buildings or space; authorizing,
171 rather than requiring, the State Fire Marshal or
172 agents thereof to conduct performance tests on any
173 electronic fire warning and smoke detection system,
174 and any pressurized air-handling unit, in any state
175 owned building or state-leased building or space on a
176 recurring basis; requiring the State Fire Marshal or
177 agents thereof to ensure that fire drills are
178 conducted in all high-hazard state-owned buildings or
179 high-hazard state-leased occupancies at least
180 annually; requiring that all new construction or
181 renovation, alteration, or change of occupancy of any
182 existing, state-owned building or state-leased
183 building or space comply with uniform firesafety
184 standards; authorizing the division to inspect state
185 owned buildings and spaces and state-leased buildings
186 and spaces as necessary before occupancy or during
187 construction, renovation, or alteration to ascertain
188 compliance with uniform firesafety standards;
189 requiring the division to issue orders to cease
190 construction, renovation, or alteration, or to
191 preclude occupancy, of a state-owned or state-leased
192 building or space for noncompliance; transferring,
193 renumbering, and amending s. 633.027, F.S., relating
194 to buildings with light-frame truss-type construction;
195 conforming cross-references; transferring,
196 renumbering, and amending s. 633.60, F.S., relating to
197 automatic fire sprinkler systems for one-family
198 dwellings, two-family dwellings, and mobile homes;
199 conforming a cross-reference; transferring and
200 renumbering s. 633.557, F.S., relating to the
201 nonapplicability of the act to owners of property who
202 are building or improving farm outbuildings and
203 standpipe systems installed by plumbing contractors;
204 transferring, renumbering, and amending s. 633.161,
205 F.S., relating to violations and enforcement of ch.
206 633, F.S., orders resulting from violations, and
207 penalties for violation; conforming cross-references;
208 providing a directive to the Division of Law Revision
209 and Information to create part III of ch. 633, F.S.,
210 entitled “Fire Protection and Suppression”;
211 transferring, renumbering, and amending s. 633.511,
212 F.S., relating to the Florida Fire Safety Board;
213 conforming provisions to changes made by the act;
214 conforming cross-references; requiring the board to
215 act in an advisory capacity; authorizing the board to
216 review complaints and make recommendations; providing
217 for election of officers, quorum, and compensation of
218 the board; requiring the board to adopt a seal;
219 transferring, renumbering, and amending s. 633.061,
220 F.S., relating to licensure to install or maintain
221 fire suppression equipment; removing the fee schedule
222 from such provisions; revising provisions relating to
223 fire equipment dealers who wish to withdraw a
224 previously filed halon equipment exemption affidavit;
225 providing conditions that an applicant for a license
226 of any class who has facilities located outside the
227 state must meet in order to obtain a required
228 equipment inspection; providing for the adoption of
229 rules with respect to the establishment and
230 calculation of inspection costs; revising and
231 clarifying provisions that exclude from licensure for
232 a specified period applicants having a previous
233 criminal conviction; defining the term “convicted”;
234 providing conditions under which a licensed fire
235 equipment dealer may apply to convert the license
236 currently held to a higher or lower licensing
237 category; providing a procedure for an applicant who
238 passes an examination for licensure or permit but
239 fails to meet remaining qualifications within 1 year
240 after the application date; transferring, renumbering,
241 and amending s. 633.065, F.S., relating to
242 requirements for installation, inspection, and
243 maintenance of fire suppression equipment; conforming
244 a cross-reference; transferring, renumbering, and
245 amending s. 633.071, F.S., relating to standard
246 service tags required on all fire extinguishers and
247 preengineered systems; conforming a cross-reference;
248 transferring, renumbering, and amending s. 633.082,
249 F.S., relating to inspection of fire control systems,
250 fire hydrants, and fire protection systems; conforming
251 a cross-reference; making technical changes;
252 transferring, renumbering, and amending s. 633.083,
253 F.S., relating to the prohibited sale or use of
254 certain types of fire extinguishers and penalty
255 therefor; making a technical change; transferring,
256 renumbering, and amending s. 633.162, F.S., relating
257 to fire suppression system contractors and
258 disciplinary actions with respect thereto; conforming
259 cross-references; clarifying provisions; transferring,
260 renumbering, and amending s. 633.521, F.S., relating
261 to certification as fire protection system contractor;
262 clarifying provisions and making technical changes;
263 conforming cross-references; transferring,
264 renumbering, and amending s. 633.551, F.S., relating
265 to county and municipal powers and the effect of ch.
266 75-240, Laws of Florida; making technical changes;
267 transferring and renumbering s. 633.527, F.S.,
268 relating to records concerning an applicant and the
269 extent of confidentiality; transferring and
270 renumbering s. 633.531, F.S., relating to statewide
271 effectiveness and nontransferability of certificates;
272 transferring, renumbering, and amending s. 633.534,
273 F.S., relating to the issuance of certificates to
274 individuals and business organizations; making a
275 technical change; transferring, renumbering, and
276 amending s. 633.537, F.S., relating to renewal and
277 expiration of certificates; deleting an obsolete
278 provision; deleting a provision which prescribes the
279 biennial renewal fee for an inactive status
280 certificate; making technical changes; transferring,
281 renumbering, and amending s. 633.539, F.S., relating
282 to requirements for installation, inspection, and
283 maintenance of fire protection systems; conforming a
284 cross-reference; transferring, renumbering, and
285 amending s. 633.541, F.S., relating to the prohibition
286 against contracting as a fire protection contractor
287 without a certificate and penalty for violation
288 thereof; conforming cross-references; making a
289 technical change; transferring, renumbering, and
290 amending s. 633.547, F.S., relating to disciplinary
291 action concerning fire protection system contractors;
292 revising provisions that authorize the State Fire
293 Marshal to suspend a fire protection system
294 contractor’s or permittee’s certificate; deleting
295 provisions authorizing revocation of a certificate for
296 a specified period; conforming a cross-reference;
297 transferring, renumbering, and amending s. 633.549,
298 F.S., relating to violations that are subject to
299 injunction; making a technical change; transferring
300 and renumbering s. 633.554, F.S., relating to
301 application of ch. 633, F.S., regulating contracting
302 and contractors; transferring, renumbering, and
303 amending s. 633.70, F.S., relating to jurisdiction of
304 the State Fire Marshal over alarm system contractors
305 and certified unlimited electrical contractors;
306 conforming a cross-reference; transferring and
307 renumbering s. 633.701, F.S., relating to requirements
308 for fire alarm system equipment; transferring,
309 renumbering, and amending s. 633.702, F.S., relating
310 to prohibited acts regarding alarm system contractors
311 or certified unlimited electrical contractors and
312 penalties for violations; making technical changes;
313 providing a directive to the Division of Law Revision
314 and Information to create part IV of ch. 633, F.S.,
315 entitled “Fire Standards and Training”; transferring,
316 renumbering, and amending s. 633.31, F.S.; revising
317 provisions relating to the Firefighters Employment,
318 Standards, and Training Council; providing for an
319 additional member of the council; providing for
320 organization of the council, meetings, quorum,
321 compensation, and adoption of a seal; providing for
322 special powers of the council in connection with the
323 employment and training of firefighters; transferring,
324 renumbering, and amending s. 633.42, F.S., relating to
325 the authority of fire service providers to establish
326 qualifications and standards for hiring, training, or
327 promoting firefighters which exceed the minimum set by
328 the department; conforming terminology; creating s.
329 633.406, F.S.; specifying classes of certification
330 awarded by the division; authorizing the division to
331 establish specified additional certificates by rule;
332 transferring, renumbering, and amending s. 633.35,
333 F.S.; revising provisions relating to firefighter and
334 volunteer firefighter training and certification;
335 requiring the division to establish by rule specified
336 courses and course examinations; providing that
337 courses may only be administered by specified
338 education or training providers and taught by
339 certified instructors; revising provisions with
340 respect to payment of training costs and payment of
341 tuition for attendance at approved courses; providing
342 requirements for issuance by the division of a
343 firefighter certificate of compliance; providing
344 requirements for issuance by the division of a
345 Volunteer Firefighter Certificate of Completion;
346 authorizing the division to issue a Special
347 Certificate of Compliance; providing requirements and
348 limitations with respect thereto; providing procedures
349 and requirements for reexamination after failure of an
350 examination; increasing the required number of hours
351 of the structural fire training program; providing for
352 a Forestry Certificate of Compliance and prescribing
353 the rights, privileges, and benefits thereof;
354 transferring, renumbering, and amending s. 633.34,
355 F.S., relating to qualifications for certification as
356 a firefighter; revising provisions relating to
357 disqualifying offenses; providing requirements of the
358 division with respect to suspension or revocation of a
359 certificate; making technical changes; conforming
360 cross-references; transferring, renumbering, and
361 amending s. 633.352, F.S., relating to firefighter
362 employment and volunteer firefighter service; revising
363 provisions relating to retention of certification as a
364 firefighter; defining the term “active”; transferring,
365 renumbering, and amending s. 633.41, F.S.; prohibiting
366 a fire service provider from employing an individual
367 as a firefighter or supervisor of firefighters and
368 from retaining the services of an individual
369 volunteering as a firefighter or a supervisor of
370 firefighters without required certification; requiring
371 a fire service provider to make a diligent effort to
372 determine possession of required certification prior
373 to employing or retaining an individual for specified
374 services; defining the term “diligent effort”;
375 requiring a fire service provider to notify the
376 division of specified hirings, retentions,
377 terminations, decisions not to retain a firefighter,
378 and determinations of failure to meet certain
379 requirements; authorizing the division to conduct site
380 visits to fire departments to monitor compliance;
381 defining the term “employ”; conforming cross
382 references; transferring, renumbering, and amending s.
383 633.38, F.S., relating to curricula and standards for
384 advanced and specialized training prescribed by the
385 division; revising terminology to conform; conforming
386 cross-references; transferring, renumbering, and
387 amending s. 633.382, F.S., relating to supplemental
388 compensation for firefighters who pursue specified
389 higher educational opportunities; removing
390 definitions; requiring the State Fire Marshal to
391 determine, and adopt by rule, course work or degrees
392 that represent the best practices toward supplemental
393 compensation goals; specifying that supplemental
394 compensation shall be paid to qualifying full-time
395 employees of a fire service provider; conforming
396 terminology; clarifying provisions; specifying that
397 policy guidelines be adopted by rule; classifying the
398 division as a fire service provider responsible for
399 the payment of supplemental compensation to full-time
400 firefighters employed by the division; transferring,
401 renumbering, and amending s. 633.353, F.S., relating
402 to falsification of qualifications; clarifying
403 provisions that provide a penalty for falsification of
404 qualifications provided to the Bureau of Fire
405 Standards and Training of the division; transferring,
406 renumbering, and amending s. 633.351, F.S., relating
407 to disciplinary action and standards for revocation of
408 certification; providing definitions; providing
409 conditions for ineligibility to apply for
410 certification under ch. 633, F.S.; providing
411 conditions for permanent revocation of certification,
412 prospective application of such provisions, and
413 retroactive application with respect to specified
414 convictions; revising provisions relating to
415 revocation of certification; providing requirements
416 with respect to application for certification;
417 requiring specified submission of fingerprints;
418 providing a fee; providing requirements of the
419 Department of Law Enforcement with respect to
420 submitted fingerprints; transferring, renumbering, and
421 amending s. 633.43, F.S., relating to the
422 establishment of the Florida State Fire College;
423 conforming a provision to changes made by the act;
424 transferring, renumbering, and amending s. 633.44,
425 F.S., relating to the purposes of the Florida State
426 Fire College and part IV of ch. 633, F.S.; expanding
427 such purpose; conforming a cross-reference;
428 transferring, renumbering, and amending s. 633.48,
429 F.S., relating to the superintendent of the Florida
430 State Fire College; conforming a cross-reference;
431 transferring, renumbering, and amending s. 633.461,
432 F.S., relating to uses of funds from the Insurance
433 Regulatory Trust Fund; clarifying provisions;
434 transferring and renumbering s. 633.47, F.S., relating
435 to the procedure for making expenditures on behalf of
436 the Florida State Fire College; transferring,
437 renumbering, and amending s. 633.49, F.S., relating to
438 the use of buildings, equipment, and other facilities
439 of the fire college; conforming a cross-reference;
440 transferring, renumbering, and amending s. 633.50,
441 F.S., relating to additional duties of the Division of
442 State Fire Marshal related to the Florida State Fire
443 College; conforming cross-references; transferring and
444 renumbering s. 633.46, F.S., relating to fees to be
445 charged for training; providing a directive to the
446 Division of Law Revision and Information to create
447 part V of ch. 633, F.S., entitled “Florida
448 Firefighters Occupational Safety and Health Act”;
449 transferring, renumbering, and amending s. 633.801,
450 F.S., relating to a short title; conforming a cross
451 reference; transferring, renumbering, and amending s.
452 633.802, F.S., relating to definitions; revising
453 definitions of “firefighter employee,” “firefighter
454 employer,” and “firefighter place of employment”;
455 transferring, renumbering, and amending s. 633.803,
456 F.S., relating to legislative intent to enhance
457 firefighter occupational safety and health in the
458 state; clarifying provisions; conforming cross
459 references; transferring, renumbering, and amending s.
460 633.821, F.S., relating to assistance by the division
461 in facilitating firefighter employee workplace safety;
462 revising references to publications; removing obsolete
463 provisions; revising requirements and responsibilities
464 of the division; transferring, renumbering, and
465 amending s. 633.817, F.S., relating to remedies
466 available to the division for noncompliance with part
467 V of ch. 633, F.S.; conforming cross-references;
468 transferring and renumbering s. 633.805, F.S.,
469 relating to a required study by the division of
470 firefighter employee occupational diseases;
471 transferring, renumbering, and amending s. 633.806,
472 F.S., relating to certain duties of the division;
473 revising provisions that require the division to make
474 studies, investigations, inspections, and inquiries
475 with respect to compliance with part V of ch. 633,
476 F.S., or rules authorized thereunder, and the causes
477 of firefighter employee injuries, illnesses, safety
478 based complaints, or line-of-duty deaths in
479 firefighter employee places of employment; authorizing
480 the division to adopt by rule procedures for
481 conducting inspections and inquiries of firefighter
482 employers under part V of ch. 633, F.S.; authorizing
483 the division to enter premises to investigate
484 compliance; providing a criminal penalty; conforming
485 references; transferring, renumbering, and amending s.
486 633.807, F.S., relating to safety responsibilities of
487 firefighter employers; revising definitions of the
488 terms “safe” and “safety”; transferring, renumbering,
489 and amending s. 633.809, F.S.; relating to firefighter
490 employers with a high frequency of firefighter
491 employee work-related injuries; revising provisions
492 relating to required safety inspections; clarifying
493 that the division may not assess penalties as a result
494 of such inspections; requiring firefighter employers
495 to submit a plan for the correction of noncompliance
496 issues to the division for approval in accordance with
497 division rule; providing procedures if a plan is not
498 submitted, does not provide corrective actions, is
499 incomplete, or is not implemented; providing for
500 workplace safety committees and coordinators,
501 including mandatory negotiations during collective
502 bargaining; requiring the division to adopt rules;
503 providing for compensation of the workplace safety
504 committee; authorizing cancellation of an insurance
505 plan due to noncompliance; transferring, renumbering,
506 and amending s. 633.811, F.S., relating to firefighter
507 employer penalties; prescribing additional
508 administrative penalties for firefighter employers for
509 violation of, or refusal to comply with, part V of ch.
510 633, F.S.; providing for location of hearings;
511 transferring, renumbering, and amending s. 633.812,
512 F.S., relating to specified cooperation by the
513 division with the Federal Government; clarifying
514 requirements from which private firefighter employers
515 are exempt; eliminating a prerequisite to exemption
516 for specified firefighter employers; requiring
517 reinspection after specified noncompliance;
518 transferring, renumbering, and amending s. 633.816,
519 F.S., relating to firefighter employee rights and
520 responsibilities; conforming cross-references;
521 transferring, renumbering, and amending s. 633.818,
522 F.S., relating to false statements; conforming a
523 cross-reference; prohibiting a person from committing
524 certain fraudulent acts in any matter within the
525 jurisdiction of the division; providing criminal
526 penalties; providing a statute of limitation;
527 transferring, renumbering, and amending s. 633.814,
528 F.S., relating to disbursement of expenses to
529 administer part V of ch. 633, F.S.; conforming a
530 cross-reference; amending s. 112.011, F.S.; removing
531 provisions that exclude from employment for a
532 specified period an applicant for employment with a
533 fire department who has a prior felony conviction;
534 amending s. 112.191, F.S.; revising provisions
535 relating to adjustments in payments of accidental
536 death benefits for firefighters; amending s. 120.541,
537 F.S.; revising a cross-reference to conform with
538 changes made in the act; amending s. 196.081, F.S.;
539 revising a cross-reference to conform with changes
540 made in the act; repealing s. 633.024, F.S., relating
541 to legislative findings and intent with respect to
542 ensuring effective fire protection of vulnerable
543 nursing home residents, the expedited retrofit of
544 existing nursing homes through a limited state loan
545 guarantee, and funding thereof; repealing s. 633.0245,
546 F.S., relating to the State Fire Marshal Nursing Home
547 Fire Protection Loan Guarantee Program; repealing s.
548 633.03, F.S., relating to investigations of fire and
549 reports; repealing s. 633.0421, F.S., relating to
550 preemption of the reduced cigarette ignition
551 propensity standard by the state; repealing s. 633.13,
552 F.S., relating to the authority of State Fire Marshal
553 agents; repealing s. 633.167, F.S., relating to the
554 authority of the State Fire Marshal to place certain
555 persons on probation; repealing s. 633.18, F.S.,
556 relating to hearings and investigations by the State
557 Fire Marshal; repealing s. 633.30, F.S., relating to
558 definitions with respect to standards for
559 firefighting; repealing s. 633.32, F.S., relating to
560 organization, meetings, quorum, compensation, and seal
561 of the Firefighters Employment, Standards, and
562 Training Council; repealing s. 633.33, F.S., relating
563 to special powers of the Firefighters Employment,
564 Standards, and Training Council in connection with the
565 employment and training of firefighters; repealing s.
566 633.37, F.S., relating to payment of tuition at
567 approved training programs by the employing agency;
568 repealing s. 633.445, F.S., relating to the State Fire
569 Marshal Scholarship Grant Program; repealing s.
570 633.514, F.S., relating to Florida Fire Safety Board
571 duties, meetings, officers, quorum, and compensation;
572 repealing s. 633.517, F.S.; relating to the authority
573 of the State Fire Marshal to adopt rules, administer
574 oaths, and take testimony; repealing s. 633.524, F.S.,
575 relating to certificate and permit fees assessed under
576 ch. 633, F.S., and the use and deposit thereof;
577 repealing s. 633.804, F.S., relating to the adoption
578 of rules governing firefighter employer and
579 firefighter employee safety inspections and
580 consultations; repealing s. 633.808, F.S., relating to
581 division authority; repealing s. 633.810, F.S.,
582 relating to workplace safety committees and safety
583 coordinators; repealing s. 633.813, F.S., relating to
584 cancellation of an insurance policy for failure to
585 implement a safety and health program; repealing s.
586 633.815, F.S., relating to penalties for refusing
587 entry to a firefighter place of employment for the
588 purposes of investigations or inspections by the
589 division; repealing s. 633.819, F.S., relating to
590 matters within the jurisdiction of the division and
591 fraudulent acts, penalties, and statute of
592 limitations; repealing s. 633.820, F.S., relating to
593 the applicability of specified sections of ch. 633,
594 F.S., to volunteer firefighters and volunteer fire
595 departments; amending ss. 112.1815, 112.191, 112.81,
596 119.071, 120.80, 121.0515, 125.01, 125.01045, 125.56,
597 166.0446, 175.032, 175.121, 218.23, 252.515, 255.45,
598 258.0145, 281.02, 384.287, 395.0163, 400.232, 400.915,
599 429.41, 429.44, 429.73, 447.203, 468.602, 468.609,
600 489.103, 489.105, 496.404, 509.032, 513.05, 553.73,
601 553.77, 553.79, 590.02, 627.4107, 893.13, 934.03,
602 943.61, 1002.33, 1002.34, 1013.12, and 1013.38, F.S.;
603 conforming cross-references; updating terminology;
604 providing an effective date.
605
606 Be It Enacted by the Legislature of the State of Florida:
607
608 Section 1. The Division of Law Revision and Information is
609 directed to create part I of chapter 633, Florida Statutes,
610 consisting of sections 633.102, 633.104, 633.106, 633.108,
611 633.112, 633.114, 633.116, 633.118, 633.122, 633.124, 633.126,
612 633.128, 633.132, 633.134, 633.136, and 633.138, Florida
613 Statutes, to be entitled “General Provisions.”
614 Section 2. Section 633.021, Florida Statutes, is
615 transferred, renumbered as section 633.102, Florida Statutes,
616 and amended to read:
617 633.102 633.021 Definitions.—As used in this chapter, the
618 term:
619 (1) “Board” means the Florida Fire Safety Board.
620 (2) “Certificate” means a certificate of competency issued
621 by the State Fire Marshal.
622 (3) “Certification” means the act of obtaining or holding a
623 certificate of competency from the State Fire Marshal.
624 (2)(4) “Contracting” means engaging in business as a
625 contractor.
626 (3)(5)(a) “Contractor I” means a contractor whose business
627 includes the execution of contracts requiring the ability to lay
628 out, fabricate, install, inspect, alter, repair, and service all
629 types of fire protection systems, excluding preengineered
630 systems.
631 (b) “Contractor II” means a contractor whose business is
632 limited to the execution of contracts requiring the ability to
633 lay out, fabricate, install, inspect, alter, repair, and service
634 water sprinkler systems, water spray systems, foam-water
635 sprinkler systems, foam-water spray systems, standpipes,
636 combination standpipes and sprinkler risers, all piping that is
637 an integral part of the system beginning at the point of service
638 as defined in this section, sprinkler tank heaters, air lines,
639 thermal systems used in connection with sprinklers, and tanks
640 and pumps connected thereto, excluding preengineered systems.
641 (c) “Contractor III” means a contractor whose business is
642 limited to the execution of contracts requiring the ability to
643 fabricate, install, inspect, alter, repair, and service carbon
644 dioxide CO2 systems, foam extinguishing systems, dry chemical
645 systems, and Halon and other chemical systems, excluding
646 preengineered systems.
647 (d) “Contractor IV” means a contractor whose business is
648 limited to the execution of contracts requiring the ability to
649 lay out, fabricate, install, inspect, alter, repair, and service
650 automatic fire sprinkler systems for detached one-family
651 dwellings, detached two-family dwellings, and mobile homes,
652 excluding preengineered systems and excluding single-family
653 homes in cluster units, such as apartments, condominiums, and
654 assisted living facilities or any building that is connected to
655 other dwellings. A Contractor IV is limited to the scope of
656 practice specified in NFPA 13D.
657 (e) “Contractor V” means a contractor whose business is
658 limited to the execution of contracts requiring the ability to
659 fabricate, install, inspect, alter, repair, and service the
660 underground piping for a fire protection system using water as
661 the extinguishing agent beginning at the point of service as
662 defined in this act and ending no more than 1 foot above the
663 finished floor.
664
665 The definitions in this subsection may must not be construed to
666 include fire protection engineers or architects and do not limit
667 or prohibit a licensed fire protection engineer or architect
668 with fire protection design experience from designing any type
669 of fire protection system. A distinction is made between system
670 design concepts prepared by the design professional and system
671 layout as defined in this section and typically prepared by the
672 contractor. However, a person persons certified as a Contractor
673 I, Contractor II, or Contractor IV under this chapter may design
674 fire protection systems of 49 or fewer sprinklers, and may
675 design the alteration of an existing fire sprinkler system if
676 the alteration consists of the relocation, addition, or deletion
677 of not more than 49 sprinklers, notwithstanding the size of the
678 existing fire sprinkler system. A person certified as a
679 Contractor I, Contractor II, or Contractor IV may design a fire
680 protection system the scope of which complies with NFPA 13D,
681 Standard for the Installation of Sprinkler Systems in One- and
682 Two-Family Dwellings and Manufactured Homes, as adopted by the
683 State Fire Marshal, notwithstanding the number of fire
684 sprinklers. Contractor-developed plans may not be required by
685 any local permitting authority to be sealed by a registered
686 professional engineer.
687 (4) “Department” means the Department of Financial
688 Services.
689 (5) “Division” means the Division of State Fire Marshal
690 within the Department of Financial Services.
691 (6) “Explosives” means any chemical compound or mixture
692 that has the property of yielding readily to combustion or
693 oxidation upon the application of heat, flame, or shock and is
694 capable of producing an explosion and is commonly used for that
695 purpose, including but not limited to dynamite, nitroglycerin,
696 trinitrotoluene, ammonium nitrate when combined with other
697 ingredients to form an explosive mixture, blasting caps, and
698 detonators; but the term does not include cartridges for
699 firearms or fireworks as defined in chapter 791.
700 (7)(a) “Fire equipment dealer Class A” means a licensed
701 fire equipment dealer whose business is limited to servicing,
702 recharging, repairing, installing, or inspecting all types of
703 fire extinguishers and conducting hydrostatic tests on all types
704 of fire extinguishers.
705 (b) “Fire equipment dealer Class B” means a licensed fire
706 equipment dealer whose business is limited to servicing,
707 recharging, repairing, installing, or inspecting all types of
708 fire extinguishers, including recharging carbon dioxide units
709 and conducting hydrostatic tests on all types of fire
710 extinguishers, except carbon dioxide units.
711 (c) “Fire equipment dealer Class C” means a licensed fire
712 equipment dealer whose business is limited to servicing,
713 recharging, repairing, installing, or inspecting all types of
714 fire extinguishers, except recharging carbon dioxide units, and
715 conducting hydrostatic tests on all types of fire extinguishers,
716 except carbon dioxide units.
717 (d) “Fire equipment dealer Class D” means a licensed fire
718 equipment dealer whose business is limited to servicing,
719 recharging, repairing, installing, hydrotesting, or inspecting
720 of all types of preengineered fire extinguishing systems.
721 (8) A “Fire extinguisher” means is a cylinder that:
722 (a) Is portable and can be carried or is on wheels.
723 (b) Is manually operated.
724 (c) May use a variety of extinguishing agents that are
725 expelled under pressure.
726 (d) Is rechargeable or nonrechargeable.
727 (e) Is installed, serviced, repaired, recharged, inspected,
728 and hydrotested according to applicable procedures of the
729 manufacturer, standards of the National Fire Protection
730 Association, and the Code of Federal Regulations.
731 (f) Is listed by a nationally recognized testing
732 laboratory.
733 (9) “Firefighter” means an individual who holds a current
734 and valid Firefighter Certificate of Compliance or Special
735 Certificate of Compliance issued by the division under s.
736 633.408.
737 (10)(9) A “Fire hydrant” means is a connection to a water
738 main, elevated water tank, or other source of water for the
739 purpose of supplying water to a fire hose or other fire
740 protection apparatus for fire suppression operations. The term
741 does not include a fire protection system.
742 (11)(10) A “Fire protection system” means is a system
743 individually designed to protect the interior or exterior of a
744 specific building or buildings, structure, or other special
745 hazard from fire. Such systems include, but are not limited to,
746 water sprinkler systems, water spray systems, foam-water
747 sprinkler systems, foam-water spray systems, carbon dioxide CO2
748 systems, foam extinguishing systems, dry chemical systems, and
749 Halon and other chemical systems used for fire protection use.
750 Such systems also include any overhead and underground fire
751 mains, fire hydrants and hydrant mains, standpipes and hoses
752 connected to sprinkler systems, sprinkler tank heaters, air
753 lines, thermal systems used in connection with fire sprinkler
754 systems, and tanks and pumps connected to fire sprinkler
755 systems.
756 (12)(11) A “Firesafety inspector” means is an individual
757 who holds a current and valid Fire Safety Inspector Certificate
758 of Compliance issued certified by the division State Fire
759 Marshal under s. 633.216 s. 633.081 who is officially assigned
760 the duties of conducting firesafety inspections of buildings and
761 facilities on a recurring or regular basis on behalf of the
762 state or any county, municipality, or special district with fire
763 safety responsibilities.
764 (13) “Fire service provider” means a municipality or
765 county, the state, or any political subdivision of the state,
766 including authorities and special districts, employing
767 firefighters or utilizing volunteer firefighters to provide fire
768 extinguishment or fire prevention services for the protection of
769 life and property. The term includes any organization under
770 contract or other agreement with such entity to provide such
771 services.
772 (14) “Fire service support personnel” means an individual
773 who does not hold a current and valid certificate issued by the
774 division and who may only perform support services.
775 (15)(12) “Handling” means touching, holding, taking up,
776 moving, controlling, or otherwise affecting with the hand or by
777 any other agency.
778 (13)(a) For the purposes of s. 633.085(1), the term “high
779 hazard occupancy” means any building or structure:
780 1. That contains combustible or explosive matter or
781 flammable conditions dangerous to the safety of life or
782 property.
783 2. In which persons receive educational instruction.
784 3. In which persons reside, excluding private dwellings.
785 4. Containing three or more floor levels.
786
787 Such buildings or structures include, but are not limited to,
788 all hospitals and residential health care facilities, nursing
789 homes and other adult care facilities, correctional or detention
790 facilities, public schools, public lodging establishments,
791 migrant labor camps, residential child care facilities, and
792 self-service gasoline stations.
793 (b) For the purposes of this subsection, the term “high
794 hazard occupancy” does not include any residential condominium
795 where the declaration of condominium or the bylaws provide that
796 the rental of units shall not be permitted for less than 90
797 days.
798 (16)(14) “Highway” means every way or place of whatever
799 nature within the state open to the use of the public, as a
800 matter of right, for purposes of vehicular traffic and includes
801 public streets, alleys, roadways, or driveways upon grounds of
802 colleges, universities, and institutions and other ways open to
803 travel by the public, notwithstanding that the same have been
804 temporarily closed for the purpose of construction,
805 reconstruction, maintenance, or repair. The term does not
806 include a roadway or driveway upon grounds owned by a private
807 person.
808 (17) “Hot zone” means the area immediately around an
809 incident where serious threat of harm exists, which includes the
810 collapse zone for a structure fire.
811 (18)(15) “Keeping” means possessing, holding, retaining,
812 maintaining, or having habitually in stock for sale.
813 (19)(16) “Layout” as used in this chapter means the layout
814 of risers, cross mains, branch lines, sprinkler heads, sizing of
815 pipe, hanger locations, and hydraulic calculations in accordance
816 with the design concepts established through the provisions of
817 the Responsibility Rules adopted by the Board of Professional
818 Engineers.
819 (20)(17) “Manufacture” means the compounding, combining,
820 producing, or making of anything or the working of anything by
821 hand, by machinery, or by any other agency into forms suitable
822 for use.
823 (21)(18) A “Minimum firesafety standard” means is a
824 requirement or group of requirements adopted pursuant to s.
825 633.208 633.025 by a county, municipality, or special district
826 with firesafety responsibilities, or by the State Fire Marshal
827 pursuant to s. 394.879, for the protection of life and property
828 from loss by fire which shall be met, as a minimum, by every
829 occupancy, facility, building, structure, premises, device, or
830 activity to which it applies.
831 (22) “Minimum Standards Course” means training of at least
832 360 hours as prescribed by rule adopted by the division which is
833 required to obtain a Firefighter Certificate of Compliance under
834 s. 633.408.
835 (23)(19) “Motor vehicle” means any device propelled by
836 power other than muscular power in, upon, or by which any
837 individual person or property is or may be transported or drawn
838 upon a highway, except a device moved or used exclusively upon
839 stationary rails or tracks.
840 (24)(20) “Point-of-service” means the point at which the
841 underground piping for a fire protection system as defined in
842 this section using water as the extinguishing agent becomes used
843 exclusively for the fire protection system.
844 (25)(21)(a) A “Preengineered system” means is a fire
845 suppression system which:
846 1. Uses any of a variety of extinguishing agents.
847 2. Is designed to protect specific hazards.
848 3. Must be installed according to pretested limitations and
849 configurations specified by the manufacturer and applicable
850 National Fire Protection Association (NFPA) standards. Only
851 those chapters within the National Fire Protection Association
852 standards which that pertain to servicing, recharging,
853 repairing, installing, hydrotesting, or inspecting any type of
854 preengineered fire extinguishing system may be used.
855 4. Must be installed using components specified by the
856 manufacturer or components that are listed as equal parts by a
857 nationally recognized testing laboratory such as Underwriters
858 Laboratories, Inc., or Factory Mutual Laboratories, Inc.
859 5. Must be listed by a nationally recognized testing
860 laboratory.
861 (b) Preengineered systems consist of and include all of the
862 components and parts providing fire suppression protection, but
863 do not include the equipment being protected, and may
864 incorporate special nozzles, flow rates, methods of application,
865 pressurization levels, and quantities of agents designed by the
866 manufacturer for specific hazards.
867 (26)(22) “Private carrier” means a any motor vehicle,
868 aircraft, or vessel operating intrastate in which there is
869 identity of ownership between freight and carrier.
870 (27)(23) “Sale” means the act of selling; the act whereby
871 the ownership of property is transferred from one person to
872 another for a sum of money or, loosely, for any consideration.
873 The term includes the delivery of merchandise with or without
874 consideration.
875 (28)(24) “Special state firesafety inspector” means an
876 individual officially assigned to the duties of conducting
877 firesafety inspections required by law on behalf of or by an
878 agency of the state having authority for inspections other than
879 the division of State Fire Marshal.
880 (29)(25) A “Sprinkler system” means is a type of fire
881 protection system, either manual or automatic, using water as an
882 extinguishing agent and installed in accordance with applicable
883 National Fire Protection Association standards.
884 (30)(26) “Storing” means accumulating, laying away, or
885 depositing for preservation or as a reserve fund in a store,
886 warehouse, or other source from which supplies may be drawn or
887 within which they may be deposited. The term is limited in
888 meaning and application to storage having a direct relationship
889 to transportation.
890 (31) “Support services” means those activities that a fire
891 service provider has trained an individual to perform safely
892 outside the hot zone of an emergency scene, including pulling
893 hoses, opening and closing fire hydrants, driving and operating
894 apparatus, carrying tools, carrying or moving equipment,
895 directing traffic, manning a resource pool, or similar
896 activities.
897 (32) “Suspension” means the temporary withdrawal of a
898 license, certificate, or permit issued pursuant to this chapter.
899 (33)(27) “Transportation” means the conveying or carrying
900 of property from one place to another by motor vehicle (except a
901 motor vehicle subject to the provisions of s. 316.302),
902 aircraft, or vessel, subject to such limitations as are set
903 forth in s. 552.12, in which only the motor vehicles, aircraft,
904 or vessels of the Armed Forces and other federal agencies are
905 specifically exempted.
906 (34)(28) A “Uniform firesafety standard” means is a
907 requirement or group of requirements for the protection of life
908 and property from loss by fire which shall be met by every
909 building and structure specified in s. 633.206 633.022(1), and
910 is not neither weakened or nor exceeded by law, rule, or
911 ordinance of any other state agency or political subdivision or
912 county, municipality, or special district with firesafety
913 responsibilities.
914 (35)(29) “Use” means application, employment; that
915 enjoyment of property which consists of its employment,
916 occupation, exercise, or practice.
917 (36) “Volunteer firefighter” means an individual who holds
918 a current and valid Volunteer Firefighter Certificate of
919 Completion issued by the division under s. 633.408.
920 Section 3. Section 633.01, Florida Statutes, is transferred
921 and renumbered as section 633.104, Florida Statutes, subsections
922 (1), (3), (5), (6), and (7) of that section are amended, and
923 subsections (8) and (9) are added to that section, to read:
924 633.104 633.01 State Fire Marshal; authority; powers and
925 duties; rules.—
926 (1) The Chief Financial Officer is designated as “State
927 Fire Marshal.” The State Fire Marshal has authority to adopt
928 rules pursuant to ss. 120.536(1) and 120.54 to implement the
929 provisions of this chapter conferring powers or duties upon the
930 department. Rules must shall be in substantial conformity with
931 generally accepted standards of firesafety; must shall take into
932 consideration the direct supervision of children in
933 nonresidential child care facilities; and must shall balance and
934 temper the need of the State Fire Marshal to protect all
935 Floridians from fire hazards with the social and economic
936 inconveniences that may be caused or created by the rules. The
937 department shall adopt the Florida Fire Prevention Code and the
938 Life Safety Code.
939 (3) The State Fire Marshal shall establish by rule
940 guidelines and procedures for quadrennial triennial renewal of
941 firesafety inspector requirements for certification.
942 (5) It is the intent of the Legislature that there are to
943 be no conflicting requirements between the Florida Fire
944 Prevention Code and the Life Safety Code authorized by this
945 chapter and the provisions of the Florida Building Code or
946 conflicts in their enforcement and interpretation. Potential
947 conflicts shall be resolved through coordination and cooperation
948 of the State Fire Marshal and the Florida Building Commission as
949 provided by this chapter and part IV of chapter 553.
950 (6) Only the State Fire Marshal may issue, and, when
951 requested in writing by any substantially affected person or a
952 local enforcing agency, the State Fire Marshal shall issue
953 declaratory statements pursuant to s. 120.565 relating to the
954 Florida Fire Prevention Code and the Life Safety Code.
955 (7) The State Fire Marshal, in consultation with the
956 Department of Education, shall adopt and administer rules
957 prescribing standards for the safety and health of occupants of
958 educational and ancillary facilities pursuant to ss. 633.206
959 633.022, 1013.12, 1013.37, and 1013.371. In addition, in any
960 county, municipality, or special district that does not employ
961 or appoint a firesafety inspector certified under s. 633.216
962 633.081, the State Fire Marshal shall assume the duties of the
963 local county, municipality, or independent special fire control
964 district as defined in s. 191.003 with respect to firesafety
965 inspections of educational property required under s.
966 1013.12(3)(b), and the State Fire Marshal may take necessary
967 corrective action as authorized under s. 1013.12(7).
968 (8) The State Fire Marshal or her or his duly appointed
969 hearing officer may administer oaths and take testimony about
970 all matters within the jurisdiction of this chapter. Chapter 120
971 governs hearings conducted by or on behalf of the State Fire
972 Marshal.
973 (9) The State Fire Marshal may contract with any qualified
974 public entity or private company in accordance with chapter 287
975 to provide examinations for any applicant for any examination
976 administered under the jurisdiction of the State Fire Marshal.
977 The State Fire Marshal may direct payments from each applicant
978 for each examination directly to such contracted entity or
979 company.
980 Section 4. Section 633.163, Florida Statutes, is
981 transferred, renumbered as section 633.106, Florida Statutes,
982 and amended to read:
983 633.106 633.163 State Fire Marshal; disciplinary authority;
984 administrative fine and probation in lieu of suspension,
985 revocation, or refusal to issue a license, permit, or
986 certificate.—
987 (1) The State Fire Marshal may deny, suspend, or revoke the
988 license, certificate, or permit of any individual who does not
989 meet the qualifications established by, or who violates any
990 provision under, this chapter or any rule authorized by this
991 chapter.
992 (2)(1) If the State Fire Marshal finds that one or more
993 grounds exist for the suspension, revocation, or refusal to
994 issue, renew, or continue any license, certificate, or permit
995 issued under this chapter, the State Fire Marshal may, in its
996 discretion, in lieu of the suspension, revocation, or refusal to
997 issue, renew, or continue, and, except on a second offense or
998 when the suspension, revocation, or refusal to issue, renew, or
999 continue is mandatory, impose upon the licensee,
1000 certificateholder, or permittee one or more of the following:
1001 (a) An administrative fine not to exceed $1,000 for each
1002 violation, and not to exceed a total of $10,000 in any one
1003 proceeding.
1004 (b) Probation for a period not to exceed 2 years, as
1005 specified by the State Fire Marshal in her or his order.
1006 (3)(2) The State Fire Marshal may allow the licensee,
1007 certificateholder, or permittee a reasonable period, not to
1008 exceed 30 days, within which to pay to the State Fire Marshal
1009 the amount of the fine. If the licensee, certificateholder, or
1010 permittee fails to pay the administrative fine in its entirety
1011 to the State Fire Marshal within such period, the license,
1012 permit, or certificate shall stand suspended until payment of
1013 the administrative fine.
1014 (4) As a condition to probation or in connection therewith,
1015 the State Fire Marshal may specify in her or his order
1016 reasonable terms and conditions to be fulfilled by the
1017 probationer during the probation period. If during the probation
1018 period the State Fire Marshal has good cause to believe that the
1019 probationer has violated any of the terms and conditions, she or
1020 he shall suspend, revoke, or refuse to issue, renew, or continue
1021 the license, certificate, or permit of the probationer, as upon
1022 the original ground or grounds referred to in subsection (2).
1023 Section 5. Section 633.15, Florida Statutes, is transferred
1024 and renumbered as section 633.108, Florida Statutes.
1025 Section 6. Section 633.101, Florida Statutes, is
1026 transferred, renumbered as section 633.112, Florida Statutes,
1027 and amended to read:
1028 633.112 633.101 State Fire Marshal; hearings;
1029 investigations; recordkeeping and reports; subpoenas of
1030 witnesses; orders of circuit court investigatory powers of State
1031 Fire Marshal; costs of service and witness fees.—
1032 (1) The State Fire Marshal may in his or her discretion
1033 take or cause to be taken the testimony on oath of a person all
1034 persons whom he or she believes to be cognizant of any facts in
1035 relation to matters under investigation.
1036 (2) If the State Fire Marshal is shall be of the opinion
1037 that there is sufficient evidence to charge a any person with an
1038 offense, he or she must shall cause the arrest of such person
1039 and must shall furnish to the prosecuting officer of any court
1040 having jurisdiction of the said offense all information obtained
1041 by him or her, including a copy of all pertinent and material
1042 testimony taken, together with the names and addresses of all
1043 witnesses. In the conduct of such investigations, the State Fire
1044 Marshal may request such assistance as may reasonably be given
1045 by such prosecuting officers and other local officials.
1046 (3) The State Fire Marshal may summon and compel the
1047 attendance of witnesses before him or her to testify in relation
1048 to any matter manner which is, by the provisions of this
1049 chapter, a subject of inquiry and investigation, and he or she
1050 may require the production of any book, paper, or document
1051 deemed pertinent thereto by him or her, and may seize furniture
1052 and other personal property to be held for evidence.
1053 (4) A person All persons so summoned and so testifying
1054 shall be entitled to the same witness fees and mileage as
1055 provided for witnesses testifying in the circuit courts of this
1056 state, and officers serving subpoenas or orders of the State
1057 Fire Marshal shall be paid in like manner for like services in
1058 such courts, from the funds herein provided.
1059 (5) Any agent designated by the State Fire Marshal for such
1060 purposes may hold hearings, sign and issue subpoenas, administer
1061 oaths, examine witnesses, receive evidence, and require by
1062 subpoena the attendance and testimony of witnesses and the
1063 production of such accounts, records, memoranda, or other
1064 evidence, as may be material for the determination of any
1065 complaint or conducting any inquiry or investigation under this
1066 chapter. In the case of disobedience to a subpoena, the State
1067 Fire Marshal or her or his agent may invoke the aid of any court
1068 of competent jurisdiction in requiring the attendance and
1069 testimony of witnesses and the production of accounts, records,
1070 memoranda, or other evidence and any such court may in case of
1071 refusal to obey a subpoena issued to a person, issue an order
1072 requiring the person to appear before the State Fire Marshal’s
1073 agent or produce accounts, records, memoranda, or other
1074 evidence, as so ordered, or to give evidence touching any matter
1075 pertinent to any complaint or the subject of any inquiry or
1076 investigation, and any failure to obey such order of the court
1077 shall be punished by the court as contempt.
1078 (6) Upon request, the State Fire Marshal shall investigate
1079 the cause, origin, and circumstances of fires and explosions
1080 occurring in this state wherein property has been damaged or
1081 destroyed and there is probable cause to believe that the fire
1082 or explosion was the result of carelessness or design.
1083 (a) Any time a fire or explosion has occurred which results
1084 in property damage or destruction in any municipality, county,
1085 or special district having an organized fire department, any
1086 local fire official whose intent is to request the State Fire
1087 Marshal to perform an investigation shall make or shall cause to
1088 be made an initial investigation of the circumstances
1089 surrounding the cause and origin of the fire or explosion. Law
1090 enforcement officers may conduct such initial investigation.
1091 (b) If the fire or explosion occurs in a municipality,
1092 county, or special district that does not have an organized fire
1093 department or designated arson investigations unit within its
1094 law enforcement providers, the municipality, county, or special
1095 district may request the State Fire Marshal to conduct the
1096 initial investigation.
1097 (c) The division shall adopt rules to assist local fire
1098 officials and law enforcement officers in determining the
1099 established responsibilities with respect to the initial or
1100 preliminary assessment of fire and explosion scenes, and the
1101 determination of whether probable cause exists to refer such
1102 scenes to the State Fire Marshal for an investigation.
1103 Section 7. Section 633.111, Florida Statutes, is
1104 transferred, renumbered as subsections (7) and (8) of section
1105 633.112, Florida Statutes, and amended to read:
1106 633.112 State Fire Marshal; hearings; investigations;
1107 recordkeeping and reports; subpoenas of witnesses; orders of
1108 circuit court investigatory powers of State Fire Marshal; costs
1109 of service and witness fees.—
1110 (7) The State Fire Marshal shall keep in her or his office
1111 a record of all fires and explosions occurring in this state
1112 upon which she or he had caused an investigation to be made and
1113 all facts concerning the same. These records, obtained or
1114 prepared by the State Fire Marshal pursuant to her or his
1115 investigation, include documents, papers, letters, maps,
1116 diagrams, tapes, photographs, films, sound recordings, and
1117 evidence. These records are confidential and exempt from the
1118 provisions of s. 119.07(1) until the investigation is completed
1119 or ceases to be active. For purposes of this section, an
1120 investigation is considered “active” while such investigation is
1121 being conducted by the department with a reasonable, good faith
1122 belief that it may lead to the filing of administrative, civil,
1123 or criminal proceedings. An investigation does not cease to be
1124 active if the department is proceeding with reasonable dispatch,
1125 and there is a good faith belief that action may be initiated by
1126 the department or other administrative or law enforcement
1127 agency. Further, these documents, papers, letters, maps,
1128 diagrams, tapes, photographs, films, sound recordings, and
1129 evidence relative to the subject of an investigation shall not
1130 be subject to subpoena until the investigation is completed or
1131 ceases to be active, unless the State Fire Marshal consents.
1132 These records shall be made daily from the reports furnished the
1133 State Fire Marshal by her or his agents or others.
1134 (8) Whenever the State Fire Marshal releases an
1135 investigative report, any person requesting a copy of the report
1136 shall pay in advance, and the State Fire Marshal shall collect
1137 in advance, notwithstanding the provisions of s. 624.501(19)(a)
1138 and (b), a fee of $10 for the copy of the report, which fee
1139 shall be deposited into the Insurance Regulatory Trust Fund. The
1140 State Fire Marshal may release the report without charge to any
1141 state attorney or to any law enforcement agency or fire
1142 department assisting in the investigation.
1143 Section 8. Section 633.02, Florida Statutes, is
1144 transferred, renumbered as section 633.114, Florida Statutes,
1145 and amended to read:
1146 633.114 633.02 State Fire Marshal agents Agents; authority;
1147 powers and duties; compensation.—
1148 (1) The State Fire Marshal shall appoint such agents as may
1149 be necessary to carry out effectively the provisions of this
1150 chapter, who shall be reimbursed for travel expenses as provided
1151 in s. 112.061, in addition to their salary, when traveling or
1152 making investigations in the performance of their duties. Such
1153 agents shall be at all times under the direction and control of
1154 the State Fire Marshal, who shall fix their compensation, and
1155 all orders shall be issued in the State Fire Marshal’s name and
1156 by her or his authority.
1157 (2) The authority given the State Fire Marshal under this
1158 chapter may be exercised by her or his agents, individually or
1159 in conjunction with any other state or local official charged
1160 with similar responsibilities.
1161 Section 9. Section 633.14, Florida Statutes, is transferred
1162 and renumbered as section 633.116, Florida Statutes.
1163 Section 10. Section 633.121, Florida Statutes, is
1164 transferred, renumbered as section 633.118, Florida Statutes,
1165 and amended to read:
1166 633.118 633.121 Persons authorized to enforce laws and
1167 rules of State Fire Marshal.—The chiefs of county, municipal,
1168 and special-district fire service providers departments; other
1169 fire service provider department personnel designated by their
1170 respective chiefs; and personnel designated by local governments
1171 having no organized fire service providers departments are
1172 authorized to enforce this chapter law and all rules prescribed
1173 by the State Fire Marshal within their respective jurisdictions.
1174 Such personnel acting under the authority of this section shall
1175 be deemed to be agents of their respective jurisdictions, not
1176 agents of the State Fire Marshal.
1177 Section 11. Section 633.151, Florida Statutes, is
1178 transferred, renumbered as section 633.122, Florida Statutes,
1179 and amended to read:
1180 633.122 633.151 Impersonating State Fire Marshal,
1181 firefighter firefighters, volunteer firefighter, or firesafety
1182 inspector; criminal penalties.—A person who falsely assumes or
1183 pretends to be the State Fire Marshal, an agent of the division
1184 of State Fire Marshal, a firefighter as defined in s. 112.81, a
1185 volunteer firefighter, or a firesafety inspector by identifying
1186 herself or himself as the State Fire Marshal, an agent of the
1187 division, a firefighter, a volunteer firefighter, or a
1188 firesafety inspector by wearing a uniform or presenting or
1189 displaying a badge as credentials that would cause a reasonable
1190 person to believe that she or he is a State Fire Marshal, an
1191 agent of the division, a firefighter, a volunteer firefighter,
1192 or firesafety inspector commits and who acts as such to require
1193 a person to aid or assist him or her in any matter relating to
1194 the duties of the State Fire Marshal, an agent of the division,
1195 a firefighter, or a firesafety inspector is guilty of a felony
1196 of the third degree, punishable as provided in ss. 775.082 and
1197 775.083 or, if the impersonation occurs during the commission of
1198 a separate felony by that person, commits is guilty of a felony
1199 of the first degree, punishable as provided in ss. 775.082 and
1200 775.083.
1201 Section 12. Section 633.171, Florida Statutes, is
1202 transferred and renumbered as section 633.124, Florida Statutes,
1203 and subsections (1) and (2) and paragraph (b) of subsection (3)
1204 of that section are amended, to read:
1205 633.124 633.171 Penalty for violation of law, rule, or
1206 order to cease and desist or for failure to comply with
1207 corrective order.—
1208 (1) A Any person who violates any provision of this chapter
1209 law, any order or rule of the State Fire Marshal, or any order
1210 to cease and desist or to correct conditions issued under this
1211 chapter commits a misdemeanor of the second degree, punishable
1212 as provided in s. 775.082 or s. 775.083.
1213 (2) It is a misdemeanor of the first degree, punishable as
1214 provided in s. 775.082 or s. 775.083, to intentionally or
1215 willfully:
1216 (a) Render a fire protection system, fire extinguisher, or
1217 preengineered system required by statute or by rule inoperative
1218 except while during such time as the fire protection system,
1219 fire extinguisher, or preengineered system is being serviced,
1220 hydrotested, tested, repaired, or recharged, except pursuant to
1221 court order.
1222 (b) Obliterate the serial number on a fire extinguisher for
1223 purposes of falsifying service records.
1224 (c) Improperly service, recharge, repair, hydrotest, test,
1225 or inspect a fire extinguisher or preengineered system.
1226 (d) Use the license, certificate, or permit number of
1227 another person.
1228 (e) Hold a license, certificate, or permit and allow
1229 another person to use the license, certificate, or said permit
1230 number.
1231 (f) Use, or allow permit the use of, any license,
1232 certificate, or permit by any individual or organization other
1233 than the one to whom the license, certificate, or permit is
1234 issued.
1235 (3)
1236 (b) A person who initiates a pyrotechnic display within any
1237 structure commits a felony of the third degree, punishable as
1238 provided in s. 775.082, s. 775.083, or s. 775.084, unless:
1239 1. The structure has a fire protection system installed in
1240 compliance with s. 633.334 633.065.
1241 2. The owner of the structure has authorized in writing the
1242 pyrotechnic display.
1243 3. If the local jurisdiction requires a permit for the use
1244 of a pyrotechnic display in an occupied structure, such permit
1245 has been obtained and all conditions of the permit complied with
1246 or, if the local jurisdiction does not require a permit for the
1247 use of a pyrotechnic display in an occupied structure, the
1248 person initiating the display has complied with National Fire
1249 Protection Association, Inc., Standard 1126, 2001 Edition,
1250 Standard for the Use of Pyrotechnics before a Proximate
1251 Audience.
1252 Section 13. Section 633.175, Florida Statutes, is
1253 transferred and renumbered as section 633.126, Florida Statutes,
1254 and subsections (1), (2), (3), (6), and (9) of that section are
1255 amended, to read:
1256 633.126 633.175 Investigation of fraudulent insurance
1257 claims and crimes; immunity of insurance companies supplying
1258 information.—
1259 (1)(a) As used in this section, the term “consultant” means
1260 any individual or entity, or employee of the individual or
1261 entity, retained by an insurer to assist in the investigation of
1262 a fire, explosion, or suspected fraudulent insurance act.
1263 (b) The State Fire Marshal or an agent appointed pursuant
1264 to s. 633.114 633.02, any law enforcement officer as defined in
1265 s. 111.065, any law enforcement officer of a federal agency, or
1266 any fire service provider department official who is engaged in
1267 the investigation of a fire or explosion loss may request any
1268 insurance company or its agent, adjuster, employee, or attorney,
1269 investigating a claim under an insurance policy or contract with
1270 respect to a fire or explosion to release any information
1271 whatsoever in the possession of the insurance company or its
1272 agent, adjuster, employee, or attorney relative to a loss from
1273 that fire or explosion. The insurance company shall release the
1274 available information to and cooperate with any official
1275 authorized to request such information pursuant to this section.
1276 The information shall include, but shall not be limited to:
1277 1.(a) Any insurance policy relevant to a loss under
1278 investigation and any application for such a policy.
1279 2.(b) Any policy premium payment records.
1280 3.(c) The records, reports, and all material pertaining to
1281 any previous claims made by the insured with the reporting
1282 company.
1283 4.(d) Material relating to the investigation of the loss,
1284 including statements of a any person, proof of loss, and other
1285 relevant evidence.
1286 5.(e) Memoranda, notes, and correspondence relating to the
1287 investigation of the loss in the possession of the insurance
1288 company or its agents, adjusters, employees, or attorneys.
1289 (2) If an insurance company has reason to suspect that a
1290 fire or explosion loss to its insured’s real or personal
1291 property was caused by intentional incendiary means, the company
1292 shall notify the State Fire Marshal and shall furnish her or him
1293 with all material acquired by the company during the course of
1294 its investigation. The State Fire Marshal may adopt rules to
1295 implement this subsection.
1296 (3) In the absence of fraud, bad faith, or malice, a no
1297 representative of or consultant to an insurance company or of
1298 the National Insurance Crime Bureau employed to adjust or
1299 investigate losses caused by fire or explosion is not shall be
1300 liable for damages in a civil action for furnishing information
1301 concerning fires or explosion suspected to be other than
1302 accidental to investigators employed by other insurance
1303 companies or the National Insurance Crime Bureau.
1304 (6) The actions of an insurance company or of its agents,
1305 employees, adjusters, consultants, or attorneys, in complying
1306 with the statutory obligation of this section may not shall in
1307 no way be construed by a court as a waiver or abandonment of any
1308 privilege or confidentiality of attorney work product, attorney
1309 client communication, or such other privilege or immunity as is
1310 provided by law.
1311 (9) A Any person who willfully violates the provisions of
1312 this section commits is guilty of a misdemeanor of the first
1313 degree, punishable as provided in s. 775.082 or s. 775.083.
1314 Section 14. Section 633.45, Florida Statutes, is
1315 transferred, renumbered as section 633.128, Florida Statutes,
1316 and amended to read:
1317 633.128 633.45 Division of State Fire Marshal; powers,
1318 duties.—
1319 (1) The division shall:
1320 (a) Establish, by rule, uniform minimum standards for the
1321 employment and training of firefighters and volunteer
1322 firefighters.
1323 (b) Establish, by rule, minimum curriculum requirements and
1324 criteria used to approve education or training providers,
1325 including for schools operated by or for any fire service
1326 provider, employing agency for the specific purpose of training
1327 individuals seeking to become a firefighter recruits or
1328 volunteer firefighter firefighters.
1329 (c) Specify, by rule, standards for the approval, denial of
1330 approval, probation, suspension, and revocation of approval of
1331 education or training providers and facilities for training
1332 firefighters and volunteer firefighters Approve institutions,
1333 instructors, and facilities for school operation by or for any
1334 employing agency for the specific purpose of training
1335 firefighters and firefighter recruits.
1336 (d) Specify, by rule, standards for the certification,
1337 denial of certification, probation, and revocation of
1338 certification for instructors, approval, denial of approval,
1339 probation, and revocation of approval of institutions,
1340 instructors, and facilities for training firefighters and
1341 firefighter recruits; including a rule requiring each that an
1342 instructor to must complete 40 hours of continuing education
1343 every 4 3 years in order to maintain her or his certification
1344 the approval of the department.
1345 (e) Issue certificates of competency to persons who, by
1346 reason of experience and completion of basic inservice training,
1347 advanced education, or specialized training, are especially
1348 qualified for particular aspects or classes of firefighting
1349 firefighter duties.
1350 (f) Establish, by rule, minimum training qualifications for
1351 persons serving as firesafety coordinators for their respective
1352 departments of state government and certify all persons who
1353 satisfy such qualifications.
1354 (g) Establish a uniform lesson plan to be followed by
1355 firesafety instructors in the training of state employees in
1356 firesafety and emergency evacuation procedures.
1357 (h) Have complete jurisdiction over, and complete
1358 management and control of, the Florida State Fire College and be
1359 invested with full power and authority to make all rules and
1360 regulations necessary for the governance of the said
1361 institution.
1362 (i) Appoint a superintendent of the Florida State Fire
1363 College and such other instructors, experimental helpers, and
1364 laborers as may be necessary and remove the same as in the
1365 division’s its judgment and discretion may be best, fix their
1366 compensation, and provide for their payment.
1367 (j) Have full management, possession, and control of the
1368 lands, buildings, structures, and property belonging to the
1369 Florida State Fire College.
1370 (k) Provide for the courses of study and curriculum of the
1371 Florida State Fire College.
1372 (l) Make rules and regulations for the admission of
1373 trainees to the Florida State Fire College.
1374 (m) Visit and inspect the Florida State Fire College and
1375 every department thereof and provide for the proper keeping of
1376 accounts and records thereof.
1377 (n) Make and prepare all necessary budgets of expenditures
1378 for the enlargement, proper furnishing, maintenance, support,
1379 and conduct of the Florida State Fire College.
1380 (o) Select and purchase all property, furniture, fixtures,
1381 and paraphernalia necessary for the Florida State Fire College.
1382 (p) Build, construct, change, enlarge, repair, and maintain
1383 any and all buildings or structures of the Florida State Fire
1384 College that may at any time be necessary for the said
1385 institution and purchase and acquire all lands and property
1386 necessary for same, of every nature and description whatsoever.
1387 (q) Care for and maintain the Florida State Fire College
1388 and do and perform every other matter or thing requisite to the
1389 proper management, maintenance, support, and control of the said
1390 institution, necessary or requisite to carry out fully the
1391 purpose of this chapter act and for raising it to, and
1392 maintaining it at, the proper efficiency and standard as
1393 required in and by part IV the provisions of ss. 633.43-633.49.
1394 (r) Issue a license, certificate, or permit of a specific
1395 class to an individual who successfully completes the training,
1396 education, and examination required under this chapter or by
1397 rule for such class of license, certificate, or permit.
1398 (2) The division, subject to the limitations and
1399 restrictions elsewhere herein imposed in this chapter, may:
1400 (a) Adopt rules and regulations for the administration of
1401 this chapter ss. 633.30-633.49 pursuant to chapter 120.
1402 (b) Adopt a seal and alter the same at its pleasure.
1403 (c) Sue and be sued.
1404 (d) Acquire any real or personal property by purchase,
1405 gift, or donation, and have water rights.
1406 (e) Exercise the right of eminent domain to acquire any
1407 property and lands necessary to the establishment, operation,
1408 and expansion of the Florida State Fire College.
1409 (f) Make contracts and execute necessary or convenient
1410 instruments.
1411 (g) Undertake by contract or contracts, or by its own agent
1412 and employees, and otherwise than by contract, any project or
1413 projects, and operate and maintain such projects.
1414 (h) Accept grants of money, materials, or property of any
1415 kind from a federal agency, private agency, county,
1416 municipality, city, town, corporation, partnership, or
1417 individual upon such terms and conditions as the grantor may
1418 impose.
1419 (i) Perform all acts and do all things necessary or
1420 convenient to carry out the powers granted herein and the
1421 purposes of this chapter ss. 633.30-633.49.
1422 (3) The title to all property referred to in part IV ss.
1423 633.43-633.49, however acquired, shall be vested in the
1424 department and shall only be transferred and conveyed by it.
1425 Section 15. Section 633.132, Florida Statutes, is created
1426 to read:
1427 633.132 Fees.—
1428 (1) The division shall collect in advance the following
1429 fees that it deems necessary to be charged:
1430 (a) Pursuant to part III of this chapter:
1431 1. Contractor certificate initial application: $300 for
1432 each class of certificate.
1433 2. Contractor biennial renewal fee: $150 for each class of
1434 certificate.
1435 3. Contractor permit initial application fee: $100 for each
1436 class of permit.
1437 4. Contractor permit biennial renewal fee: $50 for each
1438 class of permit.
1439 5. Contractor examination or reexamination fee: $100 for
1440 each class of certificate.
1441 6. Fire equipment dealer license:
1442 a. Class A: $250.
1443 b. Class B: $150.
1444 c. Class C: $150.
1445 d. Class D: $200.
1446 7. Fire equipment dealer or contractor application and
1447 renewal fee for an inactive license: $75.
1448 8. Fire equipment dealer license or permit exam or
1449 reexamination: $50.
1450 9. Reinspection fee for a dealer equipment inspection
1451 conducted by the State Fire Marshal under s. 633.304(1): $50 for
1452 each reinspection.
1453 10. Permit for a portable fire extinguisher
1454 installer/repairer/inspector: $90.
1455 11. Permit for a preengineered fire extinguishing system
1456 installer/repairer/inspector: $120.
1457 12. Conversion of a fire equipment dealer’s license to a
1458 different category: $10 for each permit and license.
1459 (b) Pursuant to part IV of this chapter:
1460 1. Certificate of compliance: $30.
1461 2. Certificate of competency: $30.
1462 3. Renewal fee for a certificate of compliance, competency,
1463 or instruction: $15.
1464 (c) Duplicate or change of address for any license, permit,
1465 or certificate: $10.
1466 (2) All moneys collected by the State Fire Marshal pursuant
1467 to this chapter shall be deposited into the Insurance Regulatory
1468 Trust Fund.
1469 Section 16. Section 633.39, Florida Statutes, is
1470 transferred and renumbered as section 633.134, Florida Statutes.
1471 Section 17. Section 633.115, Florida Statutes, is
1472 transferred, renumbered as section 633.136, Florida Statutes,
1473 and amended to read:
1474 633.136 633.115 Fire and Emergency Incident Information
1475 Reporting Program; duties; fire reports.—
1476 (1)(a) The Fire and Emergency Incident Information
1477 Reporting Program is created within the division of State Fire
1478 Marshal. The program shall:
1479 1. Establish and maintain an electronic communication
1480 system capable of transmitting fire and emergency incident
1481 information to and between fire protection agencies.
1482 2. Initiate a Fire and Emergency Incident Information
1483 Reporting System that shall be responsible for:
1484 a. Receiving fire and emergency incident information from
1485 fire protection agencies.
1486 b. Preparing and disseminating annual reports to the
1487 Governor, the President of the Senate, the Speaker of the House
1488 of Representatives, fire protection agencies, and, upon request,
1489 the public. Each report shall include, but not be limited to,
1490 the information listed in the National Fire Incident Reporting
1491 System.
1492 c. Upon request, providing other states and federal
1493 agencies with fire and emergency incident data of this state.
1494 3. Adopt rules to effectively and efficiently implement,
1495 administer, manage, maintain, and use the Fire and Emergency
1496 Incident Information Reporting Program. The rules shall be
1497 considered minimum requirements and shall not preclude a fire
1498 protection agency from implementing its own requirements which
1499 may shall not conflict with the rules of the division of State
1500 Fire Marshal.
1501 4. By rule, establish procedures and a format for each fire
1502 protection agency to voluntarily monitor its records and submit
1503 reports to the program.
1504 5. Establish an electronic information database that which
1505 is accessible and searchable by fire protection agencies.
1506 (b) The division of State Fire Marshal shall consult with
1507 the Florida Forest Service of the Department of Agriculture and
1508 Consumer Services and the State Surgeon General of the
1509 Department of Health to coordinate data, ensure accuracy of the
1510 data, and limit duplication of efforts in data collection,
1511 analysis, and reporting.
1512 (2) The Fire and Emergency Incident Information System
1513 Technical Advisory Panel is created within the division of State
1514 Fire Marshal. The panel shall advise, review, and recommend to
1515 the State Fire Marshal with respect to the requirements of this
1516 section. The membership of the panel shall consist of the
1517 following 15 members:
1518 (a) The current 13 members of the Firefighters Employment,
1519 Standards, and Training Council as established in s. 633.402
1520 633.31.
1521 (b) One member from the Florida Forest Service of the
1522 Department of Agriculture and Consumer Services, appointed by
1523 the director of the Florida Forest Service.
1524 (c) One member from the Department of Health, appointed by
1525 the State Surgeon General.
1526 (3) For the purpose of this section, the term “fire
1527 protection agency” shall be defined by rule by the division of
1528 State Fire Marshal.
1529 Section 18. Section 633.138, Florida Statutes, is created
1530 to read:
1531 633.138 Notice of change of address of record; notice of
1532 felony actions.—
1533 (1) Any individual issued a license, permit, or certificate
1534 under this chapter shall notify the division in writing of any
1535 changes to her or his current mailing address, e-mail address,
1536 and place of practice as specified in rule adopted by the
1537 division.
1538 (2) Notwithstanding any other provision of law, delivery by
1539 regular mail or e-mail to a licensee, permittee, or
1540 certificateholder, using the last known mailing address or e
1541 mail address on record with the division, constitutes adequate
1542 and sufficient notice to the licensee, permittee, or
1543 certificateholder of any official communication by the division.
1544 (3) Any individual issued a license, permit, or certificate
1545 under this chapter shall notify the division in writing within
1546 30 days after pleading guilty or nolo contendere to, or being
1547 convicted or found guilty of, any felony or a crime punishable
1548 by imprisonment of 1 year or more under the law of the United
1549 States or of any state thereof, or under the law of any other
1550 country, without regard to whether a judgment of conviction has
1551 been entered by the court having jurisdiction of the case.
1552 Section 19. Section 633.042, Florida Statutes, is
1553 transferred and renumbered as section 633.142, Florida Statutes,
1554 and subsection (11) of that section is amended, to read:
1555 633.142 633.042 Reduced Cigarette Ignition Propensity
1556 Standard and Firefighter Protection Act; preemption.—
1557 (11) PREEMPTION.—
1558 (a) This section shall be repealed if a federal reduced
1559 cigarette ignition propensity standard that preempts this
1560 section is adopted and becomes effective.
1561 (b) Notwithstanding any other provision of law, local
1562 governmental units of this state may not enact or enforce any
1563 ordinance or other local law or rule conflicting with, or
1564 preempted by, any provision of this act or any policy of this
1565 state expressed by this act, whether that policy be expressed by
1566 inclusion of a provision in this act or by exclusion of that
1567 subject from this act.
1568 Section 20. The Division of Law Revision and Information is
1569 requested to create part II of chapter 633, Florida Statutes,
1570 consisting of sections 633.202, 633.204, 633.206, 633.208,
1571 633.212, 633.214, 633.216, 633.218, 633.222, 633.224, 633.226,
1572 and 633.228, Florida Statutes, to be entitled “Fire Safety and
1573 Prevention.”
1574 Section 21. Section 633.0215, Florida Statutes, is
1575 transferred and renumbered as section 633.202, Florida Statutes,
1576 and subsections (2), (4), (7), (9), (10), and (12) through (15)
1577 of that section are amended, to read:
1578 633.202 633.0215 Florida Fire Prevention Code.—
1579 (2) The State Fire Marshal shall adopt the current edition
1580 of the National Fire Protection Association’s Standard 1, Fire
1581 Prevention Code but may shall not adopt a building, mechanical,
1582 or plumbing code. The State Fire Marshal shall adopt the current
1583 edition of the Life Safety Code, NFPA Pamphlet 101, current
1584 editions, by reference. The State Fire Marshal may modify the
1585 selected codes and standards as needed to accommodate the
1586 specific needs of the state. Standards or criteria in the
1587 selected codes shall be similarly incorporated by reference. The
1588 State Fire Marshal shall incorporate within sections of the
1589 Florida Fire Prevention Code provisions that address uniform
1590 firesafety standards as established in s. 633.206 633.022. The
1591 State Fire Marshal shall incorporate within sections of the
1592 Florida Fire Prevention Code provisions addressing regional and
1593 local concerns and variations.
1594 (4) The State Fire Marshal shall update, by rule adopted
1595 pursuant to ss. 120.536(1) and 120.54, the Florida Fire
1596 Prevention Code every 3 years. Once initially adopted and
1597 subsequently updated, the Florida Fire Prevention Code and the
1598 Life Safety Code shall be adopted for use statewide without
1599 adoptions by local governments. When updating the Florida Fire
1600 Prevention Code and the most recent edition of the Life Safety
1601 Code, the State Fire Marshal shall consider changes made by the
1602 national model fire codes incorporated into the Florida Fire
1603 Prevention Code, the State Fire Marshal’s own interpretations,
1604 declaratory statements, appellate decisions, and approved
1605 statewide and local technical amendments.
1606 (7) Any local amendment adopted by a local government must
1607 strengthen the Fire Prevention Code requirements of the minimum
1608 firesafety code.
1609 (9) The State Fire Marshal shall make rules that implement
1610 this section and ss. 633.104 and 633.208 633.01 and 633.025 for
1611 the purpose of accomplishing the objectives set forth in those
1612 sections.
1613 (10) Notwithstanding other provisions of this chapter, if a
1614 county or a municipality within that county adopts an ordinance
1615 providing for a local amendment to the Florida Fire Prevention
1616 Code and that amendment provides a higher level of protection to
1617 the public than the level specified in the Florida Fire
1618 Prevention Code, the local amendment becomes effective without
1619 approval of the State Fire Marshal and is not rescinded pursuant
1620 to the provisions of this section, provided that the ordinance
1621 meets one or more of the following criteria:
1622 (a) The local authority has adopted, by ordinance, a fire
1623 service facilities and operation plan that outlines goals and
1624 objectives for related equipment, personnel, and capital
1625 improvement needs of the local authority related to the specific
1626 amendment for the next 5 years;
1627 (b) The local authority has adopted, by ordinance, a
1628 provision requiring proportionate reduction in, or rebate or
1629 waivers of, impact or other fees or assessments levied on
1630 buildings that are built or modified in compliance with the more
1631 stringent firesafety standards required by the local amendment;
1632 or
1633 (c) The local authority has adopted, by ordinance, a growth
1634 management plan that requires buildings and structures to be
1635 equipped with more stringent firesafety requirements required by
1636 the local amendment when these firesafety requirements are used
1637 as the basis for planning infrastructure development, uses, or
1638 housing densities.
1639
1640 Except as provided in s. 633.206 633.022, the local appeals
1641 process shall be the venue if there is a dispute between parties
1642 affected by the provisions of the more stringent local
1643 firesafety amendment adopted as part of the Florida Fire
1644 Prevention Code pursuant to the authority in this subsection.
1645 Local amendments adopted pursuant to this subsection shall be
1646 deemed local or regional variations and published as such in the
1647 Florida Fire Prevention Code. The act of publishing locally
1648 adopted firesafety amendments to the Florida Fire Prevention
1649 Code may shall not be construed to mean that the State Fire
1650 Marshal approves or denies the authenticity or appropriateness
1651 of the locally adopted firesafety provision, and the burden of
1652 protecting the local firesafety amendment remains solely with
1653 the adopting local governmental authority.
1654 (12) Notwithstanding other provisions of this section, the
1655 State Fire Marshal shall study the use of managed, facilities
1656 based, voice-over-Internet-protocol telephone service for
1657 monitoring fire alarm signals. If the study determines that
1658 voice-over-Internet-protocol telephone service technology
1659 provides a level of protection equivalent to that required by
1660 NFPA 72: National Fire Alarm Code, the State Fire Marshal shall
1661 initiate rulemaking pursuant to ss. 120.536(1) and 120.54 by
1662 December 1, 2008, to allow the use of this technology as an
1663 additional method of monitoring fire alarm systems.
1664 (12)(13)(a) The State Fire Marshal shall issue an expedited
1665 declaratory statement relating to interpretations of provisions
1666 of the Florida Fire Prevention Code according to the following
1667 guidelines:
1668 1. The declaratory statement shall be rendered in
1669 accordance with s. 120.565, except that a final decision must be
1670 issued by the State Fire Marshal within 45 days after the
1671 division’s receipt of a petition seeking an expedited
1672 declaratory statement. The State Fire Marshal shall give notice
1673 of the petition and the expedited declaratory statement or the
1674 denial of the petition in the next available issue of the
1675 Florida Administrative Register Weekly after the petition is
1676 filed and after the statement or denial is rendered.
1677 2. The petitioner must be the owner of the disputed project
1678 or the owner’s representative.
1679 3. The petition for an expedited declaratory statement must
1680 be:
1681 a. Related to an active project that is under construction
1682 or must have been submitted for a permit.
1683 b. The subject of a written notice citing a specific
1684 provision of the Florida Fire Prevention Code which is in
1685 dispute.
1686 c. Limited to a single question that is capable of being
1687 answered with a “yes” or “no” response.
1688 (b) A petition for a declaratory statement which does not
1689 meet all of the requirements of this subsection must be denied
1690 without prejudice. This subsection does not affect the right of
1691 the petitioner as a substantially affected person to seek a
1692 declaratory statement under s. 633.104(6) 633.01(6).
1693 (13)(14) A condominium, cooperative, or multifamily
1694 residential building that is less than four stories in height
1695 and has an exterior corridor providing a means of egress is
1696 exempt from installing a manual fire alarm system as required in
1697 s. 9.6 of the most recent edition of the Life Safety Code
1698 adopted in the Florida Fire Prevention Code. This is intended to
1699 clarify existing law.
1700 (14)(15) The Legislature finds that the electronic filing
1701 of construction plans will increase governmental efficiency,
1702 reduce costs, and increase timeliness of processing permits. If
1703 the fire code administrator or fire official provides for
1704 electronic filing, any construction plans, drawings,
1705 specifications, reports, final documents, or documents prepared
1706 or issued by a licensee may be dated and electronically signed
1707 and sealed by the licensee in accordance with part I of chapter
1708 668, and may be transmitted electronically to the fire code
1709 administrator or fire official for approval.
1710 Section 22. Section 633.72, Florida Statutes, is
1711 transferred, renumbered as section 633.204, Florida Statutes,
1712 and amended to read:
1713 633.204 633.72 Florida Fire Code Advisory Council.—
1714 (1) There is created within the department the Florida Fire
1715 Code Advisory Council with 11 members appointed by the State
1716 Fire Marshal. The council shall advise and recommend to the
1717 State Fire Marshal changes to and interpretation of the uniform
1718 firesafety standards adopted under s. 633.206 633.022, the
1719 Florida Fire Prevention Code, and those portions of the Florida
1720 Fire Prevention Code that have the effect of conflicting with
1721 building construction standards that are adopted pursuant to ss.
1722 633.202 and 633.206 633.0215 and 633.022. The members of the
1723 council shall represent the following groups and professions:
1724 (a) One member shall be the State Fire Marshal, or his or
1725 her designated appointee who shall be an administrative employee
1726 of the marshal.;
1727 (b) One member shall be an administrative officer from a
1728 fire department representing a municipality, or a county, or a
1729 special district selected from a list of persons submitted by
1730 the Florida Fire Chiefs Association.;
1731 (c) One member shall be an architect licensed in the state
1732 selected from a list of persons submitted by the Florida
1733 Association/American Institute of Architects.;
1734 (d) One member shall be an engineer with fire protection
1735 design experience registered to practice in the state selected
1736 from a list of persons submitted by the Florida Engineering
1737 Society.;
1738 (e) One member shall be an administrative officer from a
1739 building department of a county or municipality selected from a
1740 list of persons submitted by the Building Officials Association
1741 of Florida.;
1742 (f) One member shall be a contractor licensed in the state
1743 selected from a list submitted by the Florida Home Builders
1744 Association.;
1745 (g) One member shall be a Florida certified firefighter
1746 selected from a list submitted by the Florida Professional
1747 Firefighters’ Association.;
1748 (h) One member shall be a Florida certified firesafety
1749 municipal fire inspector selected from a list submitted by the
1750 Florida Fire Marshals’ and Inspectors’ Marshal’s Association.;
1751 (i) One member shall be selected from a list submitted by
1752 the Department of Education.;
1753 (j) One member shall be selected from a list submitted by
1754 the Chancellor of the State University System.; and
1755 (k) One member shall be representative of the general
1756 public.
1757 (2) The State Fire Marshal and the Florida Building
1758 Commission shall coordinate efforts to provide consistency
1759 between the Florida Building Code and the Florida Fire
1760 Prevention Code and the Life Safety Code.
1761 (3) The council shall meet at least semiannually to advise
1762 the State Fire Marshal’s Office on matters subject to this
1763 section.
1764 (4) The council may review proposed changes to the Florida
1765 Fire Prevention Code and the uniform firesafety standards
1766 pursuant to s. 633.202(4).
1767 (5)(3) The council and Florida Building Commission shall
1768 cooperate through joint representation and coordination of codes
1769 and standards to resolve conflicts in their development,
1770 updating, and interpretation.
1771 (6)(4) Each appointee shall serve a 4-year term. No member
1772 shall serve more than two consecutive terms. A No member of the
1773 council may not shall be paid a salary as such member, but each
1774 shall receive travel and expense reimbursement as provided in s.
1775 112.061.
1776 Section 23. Section 633.022, Florida Statutes, is
1777 transferred and renumbered as section 633.206, Florida Statutes,
1778 and subsection (1) and paragraph (a) of subsection (4) of that
1779 section are amended, to read:
1780 633.206 633.022 Uniform firesafety standards.—The
1781 Legislature hereby determines that to protect the public health,
1782 safety, and welfare it is necessary to provide for firesafety
1783 standards governing the construction and utilization of certain
1784 buildings and structures. The Legislature further determines
1785 that certain buildings or structures, due to their specialized
1786 use or to the special characteristics of the person utilizing or
1787 occupying these buildings or structures, should be subject to
1788 firesafety standards reflecting these special needs as may be
1789 appropriate.
1790 (1) The department shall establish uniform firesafety
1791 standards that apply to:
1792 (a) All new, existing, and proposed state-owned and state
1793 leased buildings.
1794 (b) All new, existing, and proposed hospitals, nursing
1795 homes, assisted living facilities, adult family-care homes,
1796 correctional facilities, public schools, transient public
1797 lodging establishments, public food service establishments,
1798 elevators, migrant labor camps, mobile home parks, lodging
1799 parks, recreational vehicle parks, recreational camps,
1800 residential and nonresidential child care facilities, facilities
1801 for the developmentally disabled, motion picture and television
1802 special effects productions, tunnels, and self-service gasoline
1803 stations, of which standards the State Fire Marshal is the final
1804 administrative interpreting authority.
1805
1806 In the event there is a dispute between the owners of the
1807 buildings specified in paragraph (b) and a local authority
1808 requiring a more stringent uniform firesafety standard for
1809 sprinkler systems, the State Fire Marshal shall be the final
1810 administrative interpreting authority and the State Fire
1811 Marshal’s interpretation regarding the uniform firesafety
1812 standards shall be considered final agency action.
1813 (4)(a) Notwithstanding any provision of law to the
1814 contrary, each nursing home licensed under part II of chapter
1815 400 shall be protected throughout by an approved, supervised
1816 automatic sprinkler system in accordance with s. 9 of National
1817 Fire Protection Association, Inc., Life Safety Code, no later
1818 than December 31, 2010. A nursing home licensee shall submit
1819 complete sprinkler construction documents to the Agency for
1820 Health Care Administration for review by December 31, 2008, and
1821 the licensee must gain final approval to start construction from
1822 the agency by June 30, 2009. The agency shall grant a 6-month
1823 extension to a nursing home licensee if the completion and
1824 submission of the sprinkler construction documents are
1825 contingent upon the approval of the application for the loan
1826 guarantee program authorized under s. 633.0245. In such case,
1827 the agency may extend the deadline for final approval to begin
1828 construction beyond June 30, 2009, but the deadline may not be
1829 extended beyond December 31, 2009.
1830 Section 24. Section 633.025, Florida Statutes, is
1831 transferred, renumbered as section 633.208, Florida Statutes,
1832 and amended to read:
1833 633.208 633.025 Minimum firesafety standards.—
1834 (1) The Florida Fire Prevention Code and the Life Safety
1835 Code adopted by the State Fire Marshal, which shall operate in
1836 conjunction with the Florida Building Code, shall be deemed
1837 adopted by each municipality, county, and special district with
1838 firesafety responsibilities. The minimum firesafety codes do
1839 shall not apply to buildings and structures subject to the
1840 uniform firesafety standards under s. 633.206 633.022 and
1841 buildings and structures subject to the minimum firesafety
1842 standards adopted pursuant to s. 394.879.
1843 (2) Pursuant to subsection (1), each municipality, county,
1844 and special district with firesafety responsibilities shall
1845 enforce the Florida Fire Prevention Code and the Life Safety
1846 Code as the minimum firesafety code required by this section.
1847 (3) The most current edition of the National Fire
1848 Protection Association (NFPA) 101, Life Safety Code, adopted by
1849 the State Fire Marshal, shall be deemed to be adopted by each
1850 municipality, county, and special district with firesafety
1851 responsibilities as part of the minimum firesafety code.
1852 (3)(4) Such code codes shall be a minimum code codes and a
1853 municipality, county, or special district with firesafety
1854 responsibilities may adopt more stringent firesafety standards,
1855 subject to the requirements of this subsection. Such county,
1856 municipality, or special district may establish alternative
1857 requirements to those requirements which are required under the
1858 minimum firesafety standards on a case-by-case basis, in order
1859 to meet special situations arising from historic, geographic, or
1860 unusual conditions, if the alternative requirements result in a
1861 level of protection to life, safety, or property equal to or
1862 greater than the applicable minimum firesafety standards. For
1863 the purpose of this subsection, the term “historic” means that
1864 the building or structure is listed on the National Register of
1865 Historic Places of the United States Department of the Interior.
1866 (a) The local governing body shall determine, following a
1867 public hearing which has been advertised in a newspaper of
1868 general circulation at least 10 days before the hearing, if
1869 there is a need to strengthen the requirements of the minimum
1870 firesafety code adopted by such governing body. The
1871 determination must be based upon a review of local conditions by
1872 the local governing body, which review demonstrates that local
1873 conditions justify more stringent requirements than those
1874 specified in the minimum firesafety code for the protection of
1875 life and property or justify requirements that meet special
1876 situations arising from historic, geographic, or unusual
1877 conditions.
1878 (b) Such additional requirements may shall not be
1879 discriminatory as to materials, products, or construction
1880 techniques of demonstrated capabilities.
1881 (c) Paragraphs (a) and (b) apply solely to the local
1882 enforcing agency’s adoption of requirements more stringent than
1883 those specified in the Florida Fire Prevention Code and the Life
1884 Safety Code that have the effect of amending building
1885 construction standards. Upon request, the enforcing agency must
1886 shall provide a person making application for a building permit,
1887 or any state agency or board with construction-related
1888 regulation responsibilities, a listing of all such requirements
1889 and codes.
1890 (d) A local government which adopts amendments to the
1891 minimum firesafety code must provide a procedure by which the
1892 validity of such amendments may be challenged by any
1893 substantially affected party to test the amendment’s compliance
1894 with the provisions of this section.
1895 1. Unless the local government agrees to stay enforcement
1896 of the amendment, or other good cause is shown, the challenging
1897 party shall be entitled to a hearing on the challenge within 45
1898 days.
1899 2. For purposes of such challenge, the burden of proof
1900 shall be on the challenging party, but the amendment may shall
1901 not be presumed to be valid or invalid.
1902
1903 This subsection gives local government the authority to
1904 establish firesafety codes that exceed the Florida Fire
1905 Prevention Code minimum firesafety codes and standards adopted
1906 by the State Fire Marshal. The Legislature intends that local
1907 government give proper public notice and hold public hearings
1908 before adopting more stringent firesafety codes and standards. A
1909 substantially affected person may appeal, to the department, the
1910 local government’s resolution of the challenge, and the
1911 department shall determine if the amendment complies with this
1912 section. Actions of the department are subject to judicial
1913 review pursuant to s. 120.68. The department shall consider
1914 reports of the Florida Building Commission, pursuant to part IV
1915 of chapter 553, when evaluating building code enforcement.
1916 (4)(5) The new building or structure provisions enumerated
1917 within the Florida Fire Prevention Code firesafety code adopted
1918 pursuant to this section shall apply only to buildings or
1919 structures for which the building permit is issued on or after
1920 the effective date of the current edition of the Florida Fire
1921 Prevention Code this act. Subject to the provisions of
1922 subsection (5) (6), the existing building or structure
1923 provisions enumerated within the firesafety code adopted
1924 pursuant to this section shall apply to buildings or structures
1925 for which the building permit was issued or the building or
1926 structure was constructed before prior to the effective date of
1927 this act.
1928 (5)(6) With regard to existing buildings, the Legislature
1929 recognizes that it is not always practical to apply any or all
1930 of the provisions of the Florida Fire Prevention Code minimum
1931 firesafety code and that physical limitations may require
1932 disproportionate effort or expense with little increase in fire
1933 or life safety lifesafety. Prior to applying the minimum
1934 firesafety code to an existing building, the local fire official
1935 shall determine that a threat to lifesafety or property exists.
1936 If a threat to lifesafety or property exists, the fire official
1937 shall apply the applicable firesafety code for existing
1938 buildings to the extent practical to assure a reasonable degree
1939 of lifesafety and safety of property or the fire official shall
1940 fashion a reasonable alternative which affords an equivalent
1941 degree of lifesafety and safety of property. The decision of the
1942 local fire official may be appealed to the local administrative
1943 board described in s. 553.73.
1944 (6)(7) Nothing herein shall preclude a municipality,
1945 county, or special district from requiring a structure to be
1946 maintained in accordance with the Florida Fire Prevention Code
1947 applicable firesafety code.
1948 (7)(8) Electrically operated single station smoke detectors
1949 required for residential buildings are not required to be
1950 interconnected within individual living units in all buildings
1951 having direct access to the outside from each living unit and
1952 having three stories or less. This subsection does not apply to
1953 any residential building required to have a manual or an
1954 automatic fire alarm system.
1955 (8)(9) The provisions of the Life Safety Code, as contained
1956 in the Florida Fire Prevention Code, do shall not apply to newly
1957 constructed one-family and two-family dwellings. However, fire
1958 sprinkler protection may be permitted by local government in
1959 lieu of other fire protection-related development requirements
1960 for such structures. While local governments may adopt fire
1961 sprinkler requirements for one- and two-family dwellings under
1962 this subsection, it is the intent of the Legislature that the
1963 economic consequences of the fire sprinkler mandate on home
1964 owners be studied before the enactment of such a requirement.
1965 After the effective date of this act, any local government that
1966 desires to adopt a fire sprinkler requirement on one- or two
1967 family dwellings must prepare an economic cost and benefit
1968 report that analyzes the application of fire sprinklers to one-
1969 or two-family dwellings or any proposed residential subdivision.
1970 The report must consider the tradeoffs and specific cost savings
1971 and benefits of fire sprinklers for future owners of property.
1972 The report must include an assessment of the cost savings from
1973 any reduced or eliminated impact fees if applicable, the
1974 reduction in special fire district tax, insurance fees, and
1975 other taxes or fees imposed, and the waiver of certain
1976 infrastructure requirements including the reduction of roadway
1977 widths, the reduction of water line sizes, increased fire
1978 hydrant spacing, increased dead-end roadway length and a
1979 reduction in cul-de-sac sizes relative to the costs from fire
1980 sprinkling. A failure to prepare an economic report shall result
1981 in the invalidation of the fire sprinkler requirement to any
1982 one- or two-family dwelling or any proposed subdivision. In
1983 addition, a local jurisdiction or utility may not charge any
1984 additional fee, above what is charged to a non-fire sprinklered
1985 dwelling, on the basis that a one- or two-family dwelling unit
1986 is protected by a fire sprinkler system.
1987 (9)(10) Before imposing a fire sprinkler requirement on any
1988 one- or two-family dwelling, a local government must provide the
1989 owner of any one- or two-family dwelling a letter documenting
1990 specific infrastructure or other tax or fee allowances and
1991 waivers that are listed in but not limited to those described in
1992 subsection (8) (9) for the dwelling. The documentation must show
1993 that the cost savings reasonably approximate the cost of the
1994 purchase and installation of a fire protection system.
1995 (10)(11) Notwithstanding the provisions of subsection (8)
1996 (9), a property owner may shall not be required to install fire
1997 sprinklers in any residential property based upon the use of
1998 such property as a rental property or any change in or
1999 reclassification of the property’s primary use to a rental
2000 property.
2001 Section 25. Section 633.026, Florida Statutes, is
2002 transferred, renumbered as section 633.212, Florida Statutes,
2003 and amended to read:
2004 633.212 633.026 Legislative intent; informal
2005 interpretations of the Florida Fire Prevention Code.—It is the
2006 intent of the Legislature that the Florida Fire Prevention Code
2007 be interpreted by fire officials and local enforcement agencies
2008 in a manner that reasonably and cost-effectively protects the
2009 public safety, health, and welfare; ensures uniform
2010 interpretations throughout this state; and provides just and
2011 expeditious processes for resolving disputes regarding such
2012 interpretations. It is the further intent of the Legislature
2013 that such processes provide for the expeditious resolution of
2014 the issues presented and that the resulting interpretation of
2015 such issues be published on the website of the division of State
2016 Fire Marshal.
2017 (1) The division of State Fire Marshal shall by rule
2018 establish an informal process of rendering nonbinding
2019 interpretations of the Florida Fire Prevention Code. The
2020 division of State Fire Marshal may contract with and refer
2021 interpretive issues to a third party, selected based upon cost
2022 effectiveness, quality of services to be performed, and other
2023 performance-based criteria, which has experience in interpreting
2024 and enforcing the Florida Fire Prevention Code. It is the intent
2025 of the Legislature that the division of State Fire Marshal
2026 establish a Fire Code Interpretation Committee composed of seven
2027 persons and seven alternates, equally representing each area of
2028 the state, to which a party can pose questions regarding the
2029 interpretation of the Florida Fire Prevention Code provisions.
2030 The alternate member may respond to a nonbinding interpretation
2031 if the member notifies the Fire Code Interpretation Committee
2032 that he or she is unable to respond.
2033 (2) Each member and alternate member of the Fire Code
2034 Interpretation Committee must be certified as a firesafety
2035 inspector pursuant to s. 633.216(2) 633.081(2) and must have a
2036 minimum of 5 years of experience interpreting and enforcing the
2037 Florida Fire Prevention Code and the Life Safety Code. Each
2038 member and alternate member must be approved by the division of
2039 State Fire Marshal and deemed by the division to have met these
2040 requirements for at least 30 days before participating in a
2041 review of a nonbinding interpretation.
2042 (3) Each nonbinding interpretation of code provisions must
2043 be provided within 15 10 business days after receipt of a
2044 request for interpretation. The response period established in
2045 this subsection may be waived only with the written consent of
2046 the party requesting the nonbinding interpretation and the
2047 division of State Fire Marshal. Nonbinding interpretations shall
2048 be advisory only and nonbinding on the parties or the State Fire
2049 Marshal.
2050 (4) In order to administer this section, the division of
2051 State Fire Marshal shall charge a fee for nonbinding
2052 interpretations. The fee may not exceed $150 for each request
2053 for a review or interpretation. The division may authorize
2054 payment of fees directly to the nonprofit organization under
2055 contract pursuant to subsection (1).
2056 (5) A party requesting a nonbinding interpretation who
2057 disagrees with the interpretation issued under this section may
2058 apply for a declaratory statement formal interpretation from the
2059 State Fire Marshal pursuant to s. 633.104(6) 633.01(6).
2060 (6) The division of State Fire Marshal shall issue or cause
2061 to be issued a nonbinding interpretation of the Florida Fire
2062 Prevention Code pursuant to this section when requested to do so
2063 upon submission of a petition by a fire official or by the owner
2064 or owner’s representative or the contractor or contractor’s
2065 representative of a project in dispute. The division shall adopt
2066 a petition form by rule, and the petition form must be published
2067 on the State Fire Marshal’s website. The form must shall, at a
2068 minimum, require:
2069 (a) The name and address of the local fire official,
2070 including the address of the county, municipality, or special
2071 district.
2072 (b) The name and address of the owner or owner’s
2073 representative or the contractor or contractor’s representative.
2074 (c) A statement of the specific sections of the Florida
2075 Fire Prevention Code being interpreted by the local fire
2076 official.
2077 (d) An explanation of how the petitioner’s substantial
2078 interests are being affected by the local interpretation of the
2079 Florida Fire Prevention Code.
2080 (e) A statement of the interpretation of the specific
2081 sections of the Florida Fire Prevention Code by the local fire
2082 official.
2083 (f) A statement of the interpretation that the petitioner
2084 contends should be given to the specific sections of the Florida
2085 Fire Prevention Code and a statement supporting the petitioner’s
2086 interpretation.
2087 (g) A single question that is capable of being answered
2088 with a “yes” or “no” response.
2089 (7) Upon receipt of a petition that meets the requirements
2090 of subsection (6), the division of State Fire Marshal shall
2091 immediately provide copies of the petition to the Fire Code
2092 Interpretation Committee, and shall publish the petition and any
2093 response submitted by the local fire official on the State Fire
2094 Marshal’s website.
2095 (8) The committee shall conduct proceedings as necessary to
2096 resolve the issues and give due regard to the petition, the
2097 facts of the matter at issue, specific code sections cited, and
2098 any statutory implications affecting the Florida Fire Prevention
2099 Code. The committee shall issue an interpretation regarding the
2100 provisions of the Florida Fire Prevention Code within 15 10 days
2101 after the filing of a petition. The committee shall issue an
2102 interpretation based upon the Florida Fire Prevention Code or,
2103 if the code is ambiguous, the intent of the code. The
2104 committee’s interpretation shall be provided to the petitioner
2105 and shall include a notice that if the petitioner disagrees with
2106 the interpretation, the petitioner may file a request for a
2107 declaratory statement formal interpretation by the State Fire
2108 Marshal under s. 633.104(6) 633.01(6). The committee’s
2109 interpretation shall be provided to the State Fire Marshal, and
2110 the division shall publish the declaratory statement
2111 interpretation on the State Fire Marshal’s website and in the
2112 Florida Administrative Register Weekly.
2113 Section 26. Section 633.052, Florida Statutes, is
2114 transferred and renumbered as section 633.214, Florida Statutes,
2115 and paragraphs (a) and (b) of subsection (1), paragraph (d) of
2116 subsection (2), and subsections (3) and (4) of that section are
2117 amended, to read:
2118 633.214 633.052 Ordinances relating to firesafety;
2119 definitions; penalties.—
2120 (1) As used in this section:
2121 (a) A “firesafety inspector” is an individual certified by
2122 the division of State Fire Marshal, officially assigned the
2123 duties of conducting firesafety inspections of buildings and
2124 facilities on a recurring or regular basis, investigating civil
2125 infractions relating to firesafety, and issuing citations
2126 pursuant to this section on behalf of the state or any county,
2127 municipality, or special district with firesafety
2128 responsibilities.
2129 (b) “Citation” means a written notice, issued only after a
2130 written warning has been previously issued and a minimum time
2131 period of 45 days, except for major structural changes, which
2132 may be corrected within an extended adequate period of time,
2133 from the date of the issuance of the warning whereby the party
2134 warned may correct the alleged violation, issued to a person by
2135 a firesafety inspector, that the firesafety inspector has
2136 probable cause to believe that the person has committed a civil
2137 infraction in violation of a duly enacted ordinance and that the
2138 county court will hear the charge. The citation must shall
2139 contain:
2140 1. The date and time of issuance.
2141 2. The name and address of the person.
2142 3. The date and time the civil infraction was committed.
2143 4. The facts constituting probable cause.
2144 5. The Florida Fire Prevention Code ordinance violated.
2145 6. The name and authority of the firesafety inspector
2146 officer.
2147 7. The procedure for the person to follow in order to pay
2148 the civil penalty or to contest the citation.
2149 8. The applicable civil penalty if the person elects to
2150 contest the citation.
2151 9. The applicable civil penalty if the person elects not to
2152 contest the citation.
2153 10. A conspicuous statement that if the person fails to pay
2154 the civil penalty within the time allowed or fails to appear in
2155 court to contest the citation, then she or he shall be deemed to
2156 have waived her or his right to contest the citation and that,
2157 in such case, judgment may be entered against the person for an
2158 amount up to the maximum civil penalty.
2159 (2) A county or municipality that has created a code
2160 enforcement board or special magistrate system pursuant to
2161 chapter 162 may enforce firesafety code violations as provided
2162 in chapter 162. The governing body of a county or municipality
2163 which has not created a code enforcement board or special
2164 magistrate system for firesafety under chapter 162 may is
2165 authorized to enact ordinances relating to firesafety codes,
2166 which ordinances shall provide:
2167 (d) For the issuance of a citation by an officer who has
2168 probable cause to believe that a person has committed a
2169 violation of an ordinance relating to firesafety or the Florida
2170 Fire Prevention Code.
2171 (3) A person Any person who willfully refuses to sign and
2172 accept a citation issued by a firesafety inspector commits shall
2173 be guilty of a misdemeanor of the second degree, punishable as
2174 provided in s. 775.082 or s. 775.083.
2175 (4) Nothing contained in This section does not shall
2176 prevent any county, or municipality, or special district from
2177 enacting any ordinance relating to firesafety codes which is
2178 identical to the provisions of this chapter or any state law,
2179 except as to penalty; however, a no county, or municipal, or
2180 special district ordinance relating to firesafety codes may not
2181 shall conflict with the provisions of this chapter or any other
2182 state law.
2183 Section 27. Section 633.081, Florida Statutes, is
2184 transferred, renumbered as section 633.216, Florida Statutes,
2185 and amended to read:
2186 633.216 633.081 Inspection of buildings and equipment;
2187 orders; firesafety inspection training requirements;
2188 certification; disciplinary action.—The State Fire Marshal and
2189 her or his agents or persons authorized to enforce laws and
2190 rules of the State Fire Marshal shall, at any reasonable hour,
2191 when the State Fire Marshal has reasonable cause to believe that
2192 a violation of this chapter or s. 509.215, or a rule adopted
2193 promulgated thereunder, or a minimum firesafety code adopted by
2194 the State Fire Marshal or a local authority, may exist, inspect
2195 any and all buildings and structures which are subject to the
2196 requirements of this chapter or s. 509.215 and rules adopted
2197 promulgated thereunder. The authority to inspect shall extend to
2198 all equipment, vehicles, and chemicals which are located on or
2199 within the premises of any such building or structure.
2200 (1) Each county, municipality, and special district that
2201 has firesafety enforcement responsibilities shall employ or
2202 contract with a firesafety inspector. Except as provided in s.
2203 633.312(2) and (3) 633.082(2), the firesafety inspector must
2204 conduct all firesafety inspections that are required by law. The
2205 governing body of a county, municipality, or special district
2206 that has firesafety enforcement responsibilities may provide a
2207 schedule of fees to pay only the costs of inspections conducted
2208 pursuant to this subsection and related administrative expenses.
2209 Two or more counties, municipalities, or special districts that
2210 have firesafety enforcement responsibilities may jointly employ
2211 or contract with a firesafety inspector.
2212 (2) Except as provided in s. 633.312(2) 633.082(2), every
2213 firesafety inspection conducted pursuant to state or local
2214 firesafety requirements shall be by a person certified as having
2215 met the inspection training requirements set by the State Fire
2216 Marshal. Such person shall meet the requirements of s.
2217 633.412(1)(a)-(d), and:
2218 (a) Be a high school graduate or the equivalent as
2219 determined by the department;
2220 (b) Not have been found guilty of, or having pleaded guilty
2221 or nolo contendere to, a felony or a crime punishable by
2222 imprisonment of 1 year or more under the law of the United
2223 States, or of any state thereof, which involves moral turpitude,
2224 without regard to whether a judgment of conviction has been
2225 entered by the court having jurisdiction of such cases;
2226 (c) Have her or his fingerprints on file with the
2227 department or with an agency designated by the department;
2228 (d) Have good moral character as determined by the
2229 department;
2230 (e) Be at least 18 years of age;
2231 (f) Have satisfactorily completed the firesafety inspector
2232 certification examination as prescribed by division rule the
2233 department; and
2234 (b)(g)1. Have satisfactorily completed, as determined by
2235 division rule the department, a firesafety inspector training
2236 program of at least not less than 200 hours established by the
2237 department and administered by education or training providers
2238 agencies and institutions approved by the department for the
2239 purpose of providing basic certification training for firesafety
2240 inspectors; or
2241 2. Have received in another state training in another state
2242 which is determined by the division department to be at least
2243 equivalent to that required by the department for approved
2244 firesafety inspector education and training programs in this
2245 state.
2246 (3)(a)1. Effective July 1, 2013, the classification of
2247 special state firesafety inspector is abolished, and all special
2248 state firesafety inspector certifications shall expire at
2249 midnight June 30, 2013.
2250 2. Any person who is a special state firesafety inspector
2251 on June 30, 2013, and who has failed to comply with paragraph
2252 (b) or paragraph (c) may not perform any firesafety inspection
2253 required by law.
2254 3. A special state firesafety inspector certificate may not
2255 be issued after June 30, 2011.
2256 (b)1. Any person who is a special state firesafety
2257 inspector on July 1, 2011, and who has at least 5 years of
2258 experience as a special state firesafety inspector as of July 1,
2259 2011, may take the firesafety inspection examination as provided
2260 in paragraph (2)(a) (2)(f) for firesafety inspectors before July
2261 1, 2013, to be certified as a firesafety inspector under this
2262 section.
2263 2. Upon passing the examination, the person shall be
2264 certified as a firesafety inspector as provided in this section.
2265 3. A person who fails to become certified must comply with
2266 paragraph (c) to be certified as a firesafety inspector under
2267 this section.
2268 (c)1. To be certified as a firesafety inspector under this
2269 section, a any person who:
2270 a. Is a special state firesafety inspector on July 1, 2011,
2271 and who does not have 5 years of experience as a special state
2272 firesafety inspector as of July 1, 2011; or
2273 b. Has 5 years of experience as a special state firesafety
2274 inspector but has failed the examination taken as provided in
2275 paragraph (2)(a) (2)(f),
2276
2277 must take an additional 80 hours of the courses described in
2278 paragraph (2)(b) (2)(g).
2279 2. After successfully completing the courses described in
2280 this paragraph, such person may take the firesafety inspection
2281 examination as provided in paragraph (2)(a) (2)(f), if such
2282 examination is taken before July 1, 2013.
2283 3. Upon passing the examination, the person shall be
2284 certified as a firesafety inspector as provided in this section.
2285 4. A person who fails the course of study or the
2286 examination described in this paragraph may not perform any
2287 firesafety inspection required by law on or after July 1, 2013.
2288 (4) A firefighter certified pursuant to s. 633.408 633.35
2289 may conduct firesafety inspections, under the supervision of a
2290 certified firesafety inspector, while on duty as a member of a
2291 fire department company conducting inservice firesafety
2292 inspections without being certified as a firesafety inspector,
2293 if such firefighter has satisfactorily completed an inservice
2294 fire department company inspector training program of at least
2295 24 hours’ duration as provided by rule of the department.
2296 (5) Every firesafety inspector certificate is valid for a
2297 period of 4 3 years from the date of issuance. Renewal of
2298 certification is subject to the affected person’s completing
2299 proper application for renewal and meeting all of the
2300 requirements for renewal as established under this chapter or by
2301 rule adopted under this chapter, which must shall include
2302 completion of at least 54 40 hours during the preceding 4-year
2303 3-year period of continuing education as required by the rule of
2304 the department or, in lieu thereof, successful passage of an
2305 examination as established by the department.
2306 (6) A previously certified firesafety inspector whose
2307 certification has lapsed for 8 years or more must repeat the
2308 fire safety inspector training as specified by the division.
2309 (7)(6) The State Fire Marshal may deny, refuse to renew,
2310 suspend, or revoke the certificate of a firesafety inspector if
2311 the State Fire Marshal finds that any of the following grounds
2312 exist:
2313 (a) Any cause for which issuance of a certificate could
2314 have been refused had it then existed and been known to the
2315 division State Fire Marshal.
2316 (b) Violation of this chapter or any rule or order of the
2317 State Fire Marshal.
2318 (c) Falsification of records relating to the certificate.
2319 (d) Having been found guilty of or having pleaded guilty or
2320 nolo contendere to a felony, whether or not a judgment of
2321 conviction has been entered.
2322 (d)(e) Failure to meet any of the renewal requirements.
2323 (f) Having been convicted of a crime in any jurisdiction
2324 which directly relates to the practice of fire code inspection,
2325 plan review, or administration.
2326 (e)(g) Making or filing a report or record that the
2327 certificateholder knows to be false, or knowingly inducing
2328 another to file a false report or record, or knowingly failing
2329 to file a report or record required by state or local law, or
2330 knowingly impeding or obstructing such filing, or knowingly
2331 inducing another person to impede or obstruct such filing.
2332 (f)(h) Failing to properly enforce applicable fire codes or
2333 permit requirements within this state which the
2334 certificateholder knows are applicable by committing willful
2335 misconduct, gross negligence, gross misconduct, repeated
2336 negligence, or negligence resulting in a significant danger to
2337 life or property.
2338 (g)(i) Accepting labor, services, or materials at no charge
2339 or at a noncompetitive rate from a any person who performs work
2340 that is under the enforcement authority of the certificateholder
2341 and who is not an immediate family member of the
2342 certificateholder. For the purpose of this paragraph, the term
2343 “immediate family member” means a spouse, child, parent,
2344 sibling, grandparent, aunt, uncle, or first cousin of the person
2345 or the person’s spouse or a any person who resides in the
2346 primary residence of the certificateholder.
2347 (8)(7) The division of State Fire Marshal and the Florida
2348 Building Code Administrators and Inspectors Board, established
2349 pursuant to s. 468.605, shall enter into a reciprocity agreement
2350 to facilitate joint recognition of continuing education
2351 recertification hours for certificateholders licensed under s.
2352 468.609 and firesafety inspectors certified under subsection
2353 (2).
2354 (9)(8) The State Fire Marshal shall develop by rule an
2355 advanced training and certification program for firesafety
2356 inspectors having fire code management responsibilities. The
2357 program must be consistent with the appropriate provisions of
2358 NFPA 1037, or similar standards adopted by the division, and
2359 establish minimum training, education, and experience levels for
2360 firesafety inspectors having fire code management
2361 responsibilities.
2362 (10)(9) The department shall provide by rule for the
2363 certification of firesafety inspectors and Fire Code
2364 Administrators.
2365 Section 28. Section 633.085, Florida Statutes, is
2366 transferred and renumbered as section 633.218, Florida Statutes,
2367 paragraph (a) of subsection (1) and subsections (2) through (5)
2368 of that section are amended, and paragraphs (e) and (f) are
2369 added to subsection (1) of that section, to read:
2370 633.218 633.085 Inspections of state buildings and
2371 premises; tests of firesafety equipment; building plans to be
2372 approved.—
2373 (1)(a) It is the duty of the State Fire Marshal and her or
2374 his agents to inspect, or cause to be inspected, each state
2375 owned building on a recurring basis established by rule, and to
2376 ensure that high-hazard occupancies are inspected at least
2377 annually, for the purpose of ascertaining and causing to be
2378 corrected any conditions liable to cause fire or endanger life
2379 from fire and any violation of the firesafety standards for
2380 state-owned buildings, the provisions of this chapter, or the
2381 rules or regulations adopted and promulgated pursuant hereto.
2382 The State Fire Marshal shall, within 7 days following an
2383 inspection, submit a report of such inspection to the head of
2384 the department of state agency government responsible for the
2385 building.
2386 (e) For purposes of this section:
2387 1.a. The term “high-hazard occupancy” means any building or
2388 structure:
2389 (I) That contains combustible or explosive matter or
2390 flammable conditions dangerous to the safety of life or
2391 property;
2392 (II) At which persons receive educational instruction;
2393 (III) At which persons reside, excluding private dwellings;
2394 or
2395 (IV) Containing three or more floor levels.
2396 b. As used in this subparagraph, the phrase “building or
2397 structure”:
2398 (I) Includes, but is not limited to, all hospitals and
2399 residential health care facilities, nursing homes and other
2400 adult care facilities, correctional or detention facilities,
2401 public schools, public lodging establishments, migrant labor
2402 camps, residential child care facilities, and self-service
2403 gasoline stations.
2404 (II) Does not include any residential condominium where the
2405 declaration of condominium or the bylaws provide that the rental
2406 of units shall not be permitted for less than 90 days.
2407 2. The term “state-owned building” includes private
2408 correctional facilities as defined under s. 944.710(3).
2409 (f) A state-owned building or state-leased building or
2410 space shall be identified through use of the United States
2411 National Grid Coordinate System.
2412 (2) The State Fire Marshal and her or his agents may shall
2413 conduct performance tests on any electronic fire warning and
2414 smoke detection system, and any pressurized air-handling unit,
2415 in any state-owned building or state-leased building or space on
2416 a recurring basis as provided in subsection (1). The State Fire
2417 Marshal and her or his agents shall also ensure that fire drills
2418 are conducted in all high-hazard state-owned buildings or high
2419 hazard state-leased high-hazard occupancies at least annually.
2420 (3) All construction of any new state-owned building or
2421 state-leased building or space, or any renovation, alteration,
2422 or change of occupancy of any existing, state-owned building or
2423 state-leased building or space must shall comply with the
2424 uniform firesafety standards of the State Fire Marshal.
2425 (a) For all new construction or renovation, alteration, or
2426 change of occupancy of state-leased space, compliance with the
2427 uniform firesafety standards shall be determined by reviewing
2428 the plans for the proposed construction or occupancy submitted
2429 by the lessor to the division of State Fire Marshal for review
2430 and approval before prior to commencement of construction or
2431 occupancy, which review shall be completed within 10 working
2432 days after receipt of the plans by the division of State Fire
2433 Marshal.
2434 (b) The plans for all construction of any new, or
2435 renovation or alteration of any existing, state-owned building
2436 are subject to the review and approval of the division of State
2437 Fire Marshal for compliance with the uniform firesafety
2438 standards before prior to commencement of construction or change
2439 of occupancy, which review shall be completed within 30 calendar
2440 days of receipt of the plans by the division of State Fire
2441 Marshal.
2442 (4) The division of State Fire Marshal may inspect state
2443 owned buildings and space and state-leased buildings and space
2444 as necessary before prior to occupancy or during construction,
2445 renovation, or alteration to ascertain compliance with the
2446 uniform firesafety standards. Whenever the division of State
2447 Fire Marshal determines by virtue of such inspection or by
2448 review of plans that construction, renovation, or alteration of
2449 state-owned buildings and state-leased buildings or space is not
2450 in compliance with the uniform firesafety standards, the
2451 division of State Fire Marshal shall issue an order to cease
2452 construction, renovation, or alteration, or to preclude
2453 occupancy, of a building until compliance is obtained, except
2454 for those activities required to achieve such compliance.
2455 (5) The division of State Fire Marshal shall by rule
2456 provide a schedule of fees to pay for the costs of the
2457 inspections, whether recurring or high hazard, any firesafety
2458 review or plans for proposed construction, renovations, or
2459 occupancy, and related administrative expenses.
2460 Section 29. Section 633.027, Florida Statutes, is
2461 transferred and renumbered as section 633.222, Florida Statutes,
2462 and subsection (3) of that section is amended, to read:
2463 633.222 633.027 Buildings with light-frame truss-type
2464 construction; notice requirements; enforcement.—
2465 (3) The State Fire Marshal, and local fire officials in
2466 accordance with s. 633.118 633.121, shall enforce the provisions
2467 of this section. An Any owner who fails to comply with the
2468 requirements of this section is subject to penalties as provided
2469 in s. 633.228 633.161.
2470 Section 30. Section 633.60, Florida Statutes, is
2471 transferred and renumbered as section 633.224, Florida Statutes,
2472 and subsection (1) of that section is amended, to read:
2473 633.224 633.60 Automatic fire sprinkler systems for one
2474 family dwellings, two-family dwellings, and mobile homes.—
2475 (1) It is unlawful for a any person to engage in the
2476 business or act in the capacity of a contractor of automatic
2477 fire sprinkler systems for one-family dwellings, two-family
2478 dwellings, and mobile homes without having been duly certified
2479 and holding a current certificate as a Contractor I, Contractor
2480 II, or Contractor IV as defined in s. 633.102 633.021.
2481 Section 31. Section 633.557, Florida Statutes, is
2482 transferred and renumbered as section 633.226, Florida Statutes.
2483 Section 32. Section 633.161, Florida Statutes, is
2484 transferred and renumbered as section 633.228, Florida Statutes,
2485 and paragraphs (a) and (b) of subsection (1), paragraph (a) of
2486 subsection (2), and subsection (3) of that section are amended,
2487 to read:
2488 633.228 633.161 Violations; orders to cease and desist,
2489 correct hazardous conditions, preclude occupancy, or vacate;
2490 enforcement; penalties.—
2491 (1) If it is determined by the department that a violation
2492 specified in this subsection exists, the State Fire Marshal or
2493 her or his deputy may issue and deliver to the person committing
2494 the violation an order to cease and desist from such violation,
2495 to correct any hazardous condition, to preclude occupancy of the
2496 affected building or structure, or to vacate the premises of the
2497 affected building or structure. Such violations are:
2498 (a) Except as set forth in paragraph (b), a violation of
2499 any provision of this chapter, of any rule adopted pursuant
2500 thereto, of any applicable uniform firesafety standard adopted
2501 pursuant to s. 633.206 633.022 which is not adequately addressed
2502 by any alternative requirements adopted on a local level, or of
2503 any minimum firesafety standard adopted pursuant to s. 394.879.
2504 (b) A substantial violation of an applicable minimum
2505 firesafety standard adopted pursuant to s. 633.208 633.025 which
2506 is not reasonably addressed by any alternative requirement
2507 imposed at the local level, or an unreasonable interpretation of
2508 an applicable minimum firesafety standard, and which violation
2509 or interpretation clearly constitutes a danger to lifesafety.
2510 (2)(a) If, during the conduct of a firesafety inspection
2511 authorized by ss. 633.216 and 633.218 633.081 and 633.085, it is
2512 determined that a violation described in this section exists
2513 which poses an immediate danger to the public health, safety, or
2514 welfare, the State Fire Marshal may issue an order to vacate the
2515 building in question, which order shall be immediately effective
2516 and shall be an immediate final order under s. 120.569(2)(n).
2517 With respect to a facility under the jurisdiction of a district
2518 school board or community college board of trustees, the order
2519 to vacate shall be issued jointly by the district superintendent
2520 or college president and the State Fire Marshal.
2521 (3) A Any person who violates or fails to comply with any
2522 order under subsection (1) or subsection (2) commits is guilty
2523 of a misdemeanor, punishable as provided in s. 633.124 633.171.
2524 Section 33. The Division of Law Revision and Information is
2525 directed to create part III of chapter 633, Florida Statutes,
2526 consisting of sections 633.302, 633.304, 633.306, 633.308,
2527 633.312, 633.314, 633.316, 633.318, 633.322, 633.324, 633.326,
2528 633.328, 633.332, 633.334, 633.336, 633.338, 633.342, 633.344,
2529 633.346, 633.348, and 633.3482, Florida Statutes, to be entitled
2530 “Fire Protection and Suppression.”
2531 Section 34. Section 633.511, Florida Statutes, is
2532 transferred, renumbered as section 633.302, Florida Statutes,
2533 and amended to read:
2534 633.302 633.511 Florida Fire Safety Board; membership;
2535 duties; meetings; officers; quorum; compensation; seal.—
2536 (1) The Florida Fire Safety Board is created consisting of
2537 seven members who are citizens and residents of this state. One
2538 shall be the State Fire Marshal, or her or his designee
2539 designated appointee who shall be an administrative employee of
2540 the marshal; one shall be an administrative officer from a
2541 building department representing an incorporated municipality or
2542 a county; one shall be an administrative officer from a fire
2543 department representing an incorporated municipality or a
2544 county; two shall be contractors licensed pursuant to s. 633.318
2545 633.521; and two shall be persons who hold valid licenses under
2546 s. 633.304 633.061.
2547 (2)(a) To be eligible for appointment, each contractor must
2548 shall personally hold a current certificate of competency and a
2549 current license issued by the division State Fire Marshal,
2550 together with an unexpired occupational license to operate as a
2551 contractor issued by an incorporated municipality or a county;
2552 be actively engaged in such business and have been so engaged
2553 for a period of not less than 5 consecutive years before the
2554 date of her or his appointment; and be a citizen and resident of
2555 the state.
2556 (b) To be eligible for appointment, each fire equipment
2557 dealer must shall personally hold a current Class A, B, or C and
2558 Class D fire equipment dealer license issued by the division
2559 State Fire Marshal, together with an unexpired occupational
2560 license to operate as a fire equipment dealer issued by an
2561 incorporated municipality or a county; must shall be actively
2562 engaged in such business and have been so engaged for a period
2563 of not less than 5 consecutive years before the date of
2564 appointment; and must shall be a citizen and resident of this
2565 state.
2566 (3) The State Fire Marshal’s term on the board, or that of
2567 her or his designee designated administrative employee, shall
2568 coincide with the State Fire Marshal’s term of office. Of the
2569 other six members of the board, one member shall be appointed
2570 for a term of 1 year, one member for a term of 2 years, two
2571 members for terms of 3 years, and two members for terms of 4
2572 years. All terms expire on June 30 of the last year of the term.
2573 When Effective July 1, 1997, as the term of a each member
2574 expires, the State Fire Marshal shall appoint a member to fill
2575 the vacancy for a term of 4 years. The State Fire Marshal may
2576 remove any appointed member for cause. A vacancy in the
2577 membership of the board for any cause shall be filled by
2578 appointment by the State Fire Marshal for the balance of the
2579 unexpired term.
2580 (4) The board shall act in an advisory capacity to the
2581 State Fire Marshal and shall meet regularly as the need presents
2582 itself. The board shall have the authority to review complaints
2583 and disputed administrative action and make recommendations for
2584 disciplinary action to the division at the request of the
2585 licenseholder, permitholder, or certificateholder. The board
2586 will serve in an advisory capacity to the division regarding
2587 rules, codes, standards, interpretations, and training. As soon
2588 as practicable after July 1, 2013, the board shall meet to elect
2589 officers from its membership, whose terms shall expire on June
2590 30 and annually thereafter. A majority of the board shall
2591 constitute a quorum. A member of the advisory board may not be
2592 paid a salary as such member, but shall be reimbursed for
2593 necessary expenses while attending advisory board meetings,
2594 including travel in the performance of her or his duties, as
2595 provided in s. 112.061.
2596 (5) The board shall adopt a seal for its use containing the
2597 words “Florida Fire Safety Board.”
2598 Section 35. Section 633.061, Florida Statutes, is
2599 transferred and renumbered as section 633.304, Florida Statutes,
2600 and subsections (1) through (4) and subsection (9) of that
2601 section are amended, to read:
2602 633.304 633.061 Fire suppression equipment; license to
2603 install or maintain.—
2604 (1) It is unlawful for any organization or individual to
2605 engage in the business of servicing, repairing, recharging,
2606 testing, marking, inspecting, installing, or hydrotesting any
2607 fire extinguisher or preengineered system in this state except
2608 in conformity with the provisions of this chapter. Each
2609 organization or individual that engages in such activity must
2610 possess a valid and subsisting license issued by the division
2611 State Fire Marshal. All fire extinguishers and preengineered
2612 systems required by statute or by rule must be serviced by an
2613 organization or individual licensed under the provisions of this
2614 chapter. A licensee who receives appropriate training shall not
2615 be prohibited by a manufacturer from servicing any particular
2616 brand of fire extinguisher or preengineered system. The licensee
2617 is legally qualified to act for the business organization in all
2618 matters connected with its business, and the licensee must
2619 supervise all activities undertaken by such business
2620 organization. Each licensee shall maintain a specific business
2621 location. A further requirement, in the case of multiple
2622 locations where such servicing or recharging is taking place, is
2623 that each licensee who maintains more than one place of business
2624 where actual work is carried on must possess an additional
2625 license, as set forth in this section, for each location, except
2626 that a licensed individual may not qualify for more than five
2627 locations. A licensee is limited to a specific type of work
2628 performed depending upon the class of license held. Licenses and
2629 license fees are required for the following:
2630 (a) Class A: $250
2631 To service, recharge, repair, install, or inspect all types of
2632 fire extinguishers and to conduct hydrostatic tests on all types
2633 of fire extinguishers.
2634 (b) Class B: $150
2635 To service, recharge, repair, install, or inspect all types of
2636 fire extinguishers, including recharging carbon dioxide units
2637 and conducting hydrostatic tests on all types of fire
2638 extinguishers, except carbon dioxide units.
2639 (c) Class C: $150
2640 To service, recharge, repair, install, or inspect all types of
2641 fire extinguishers, except recharging carbon dioxide units, and
2642 to conduct hydrostatic tests on all types of fire extinguishers,
2643 except carbon dioxide units.
2644 (d) Class D: $200
2645 To service, repair, recharge, hydrotest, install, or inspect all
2646 types of preengineered fire extinguishing systems.
2647 (e) Licenses issued as duplicates or to reflect a change of
2648 address $10
2649
2650 Any fire equipment dealer licensed pursuant to this subsection
2651 who does not want to engage in the business of servicing,
2652 inspecting, recharging, repairing, hydrotesting, or installing
2653 halon equipment must file an affidavit on a form provided by the
2654 division so stating. Licenses will be issued by the division to
2655 show reflect the work authorized thereunder. It is unlawful,
2656 unlicensed activity for a any person or firm to falsely hold
2657 himself or herself or a business organization out to perform any
2658 service, inspection, recharge, repair, hydrotest, or
2659 installation except as specifically described in the license. A
2660 fire equipment dealer licensed pursuant to this subsection who
2661 wishes to withdraw a previously filed halon equipment exemption
2662 affidavit and engage in the business of servicing, inspecting,
2663 recharging, repairing, hydrotesting, or installing halon
2664 equipment must submit a written statement requesting the
2665 withdrawal to the division. The dealer must also submit to an
2666 inspection by the State Fire Marshal or her or his designee in
2667 order to determine that the dealer possesses the equipment
2668 required to service, inspect, recharge, repair, hydrotest, or
2669 install halon equipment.
2670 (2) A person who holds a valid fire equipment dealer
2671 license may maintain such license in an inactive status during
2672 which time he or she may not engage in any work under the
2673 definition of the license held. An inactive status license shall
2674 be void after 4 2 years or when at the time that the license is
2675 renewed, whichever comes first. The biennial renewal fee for an
2676 inactive status license shall be $75. An inactive status license
2677 may not be reactivated unless the continuing education
2678 requirements of this chapter have been fulfilled.
2679 (3) Each individual actually performing the work of
2680 servicing, recharging, repairing, hydrotesting, installing,
2681 testing, or inspecting fire extinguishers or preengineered
2682 systems must possess a valid and subsisting permit issued by the
2683 division State Fire Marshal. Permittees are limited as to
2684 specific type of work performed to allow work no more extensive
2685 than the class of license held by the licensee under whom the
2686 permittee is working. Permits will be issued by the division and
2687 the fees required are as follows:
2688 (a) Portable permit: $90 “Portable permittee” means a
2689 person who is limited to performing work no more extensive than
2690 the employing licensee in the servicing, recharging, repairing,
2691 installing, or inspecting all types of portable fire
2692 extinguishers.
2693 (b) Preengineered permit: $120 “Preengineered
2694 permittee” means a person who is limited to the servicing,
2695 recharging, repairing, installing, or inspecting of all types of
2696 preengineered fire extinguishing systems.
2697 (c) Permits issued as duplicates or to reflect a change of
2698 address $10
2699
2700 Any fire equipment permittee licensed pursuant to this
2701 subsection who does not want to engage in servicing, inspecting,
2702 recharging, repairing, hydrotesting, or installing halon
2703 equipment must file an affidavit on a form provided by the
2704 division so stating. Permits will be issued by the division to
2705 show reflect the work authorized thereunder. It is unlawful,
2706 unlicensed activity for a any person or firm to falsely hold
2707 himself or herself out to perform any service, inspection,
2708 recharge, repair, hydrotest, or installation except as
2709 specifically described in the permit.
2710 (4)(a) Such licenses and permits shall be issued by the
2711 division State Fire Marshal for 2 years beginning January 1,
2712 2000, and each 2-year period thereafter and expiring December 31
2713 of the second year. All licenses or permits issued will expire
2714 on December 31 of each odd-numbered year. The failure to renew a
2715 license or permit by December 31 of the second year will cause
2716 the license or permit to become inoperative. The holder of an
2717 inoperative license or permit may shall not engage in any
2718 activities for which a license or permit is required by this
2719 section. A license or permit which is inoperative because of the
2720 failure to renew it shall be restored upon payment of the
2721 applicable fee plus a penalty equal to the applicable fee, if
2722 the application for renewal is filed no later than the following
2723 March 31. If the application for restoration is not made before
2724 the March 31st deadline, the fee for restoration shall be equal
2725 to the original application fee and the penalty provided for
2726 herein, and, in addition, the State Fire Marshal shall require
2727 reexamination of the applicant. The fee for a license or permit
2728 issued for 1 year or less shall be prorated at 50 percent of the
2729 applicable fee for a biennial license or permit.
2730 (b) After initial licensure, each licensee or permittee
2731 must successfully complete a course or courses of continuing
2732 education for fire equipment technicians of at least 16 hours. A
2733 license or permit may not be renewed unless the licensee or
2734 permittee produces documentation of the completion of at least
2735 16 hours of continuing education for fire equipment technicians
2736 during the biennial licensure period. A person who is both a
2737 licensee and a permittee shall be required to complete 16 hours
2738 of continuing education during each renewal period. Each
2739 licensee shall ensure that all permittees in his or her
2740 employment meet their continuing education requirements. The
2741 State Fire Marshal shall adopt rules describing the continuing
2742 education requirements and shall have the authority upon
2743 reasonable belief, to audit a fire equipment dealer to determine
2744 compliance with continuing education requirements.
2745 (c)(b) The forms of such licenses and permits and
2746 applications therefor shall be prescribed by the State Fire
2747 Marshal; in addition to such other information and data as that
2748 officer determines is appropriate and required for such forms,
2749 there shall be included in such forms the following matters.
2750 Each such application must shall be in such form as to provide
2751 that the data and other information set forth therein shall be
2752 sworn to by the applicant or, if a corporation, by an officer
2753 thereof. An application for a permit must shall include the name
2754 of the licensee employing such permittee, and the permit issued
2755 in pursuance of such application must shall also set forth the
2756 name of such licensee. A permit is valid solely for use by the
2757 holder thereof in his or her employment by the licensee named in
2758 the permit.
2759 (d)(c) A license of any class may shall not be issued or
2760 renewed by the division State Fire Marshal and a license of any
2761 class does shall not remain operative unless:
2762 1. The applicant has submitted to the State Fire Marshal
2763 evidence of registration as a Florida corporation or evidence of
2764 compliance with s. 865.09.
2765 2. The State Fire Marshal or his or her designee has by
2766 inspection determined that the applicant possesses the equipment
2767 required for the class of license sought. The State Fire Marshal
2768 shall give an applicant a reasonable opportunity to correct any
2769 deficiencies discovered by inspection. To obtain such
2770 inspection, an applicant with facilities located outside this
2771 state must:
2772 a. Provide a notarized statement from a professional
2773 engineer licensed by the applicant’s state of domicile
2774 certifying that the applicant possesses the equipment required
2775 for the class of license sought and that all such equipment is
2776 operable; or
2777 b. Allow the State Fire Marshal or her or his designee to
2778 inspect the facility. All costs associated with the State Fire
2779 Marshal’s inspection shall be paid by the applicant. The State
2780 Fire Marshal, in accordance with s. 120.54, may adopt rules to
2781 establish standards for the calculation and establishment of the
2782 amount of costs associated with any inspection conducted by the
2783 State Fire Marshal under this section. Such rules shall include
2784 procedures for invoicing and receiving funds in advance of the
2785 inspection A fee of $50, payable to the State Fire Marshal,
2786 shall be required for any subsequent reinspection.
2787 3. The applicant has submitted to the State Fire Marshal
2788 proof of insurance providing coverage for comprehensive general
2789 liability for bodily injury and property damage, products
2790 liability, completed operations, and contractual liability. The
2791 State Fire Marshal shall adopt rules providing for the amounts
2792 of such coverage, but such amounts shall not be less than
2793 $300,000 for Class A or Class D licenses, $200,000 for Class B
2794 licenses, and $100,000 for Class C licenses; and the total
2795 coverage for any class of license held in conjunction with a
2796 Class D license may shall not be less than $300,000. The State
2797 Fire Marshal may, at any time after the issuance of a license or
2798 its renewal, require upon demand, and in no event more than 30
2799 days after notice of such demand, the licensee to provide proof
2800 of insurance, on a form provided by the State Fire Marshal,
2801 containing confirmation of insurance coverage as required by
2802 this chapter. Failure, for any length of time, to provide proof
2803 of insurance coverage as required shall result in the immediate
2804 suspension of the license until proof of proper insurance is
2805 provided to the State Fire Marshal. An insurer which provides
2806 such coverage shall notify the State Fire Marshal of any change
2807 in coverage or of any termination, cancellation, or nonrenewal
2808 of any coverage.
2809 4. The applicant applies to the State Fire Marshal,
2810 provides proof of experience, and successfully completes a
2811 prescribed training course offered by the State Fire College or
2812 an equivalent course approved by the State Fire Marshal. This
2813 subparagraph does not apply to any holder of or applicant for a
2814 permit under paragraph (g) (f) or to a business organization or
2815 a governmental entity seeking initial licensure or renewal of an
2816 existing license solely for the purpose of inspecting,
2817 servicing, repairing, marking, recharging, and maintaining fire
2818 extinguishers used and located on the premises of and owned by
2819 such organization or entity.
2820 5. The applicant has a current retestor identification
2821 number that is appropriate for the license for which the
2822 applicant is applying and that is listed with the United States
2823 Department of Transportation.
2824 6. The applicant has passed, with a grade of at least 70
2825 percent, a written examination testing his or her knowledge of
2826 the rules and statutes governing regulating the activities
2827 authorized by the license and demonstrating his or her knowledge
2828 and ability to perform those tasks in a competent, lawful, and
2829 safe manner. Such examination shall be developed and
2830 administered by the State Fire Marshal, or his or her designee
2831 in accordance with policies and procedures of the State Fire
2832 Marshal. An applicant shall pay a nonrefundable examination fee
2833 of $50 for each examination or reexamination scheduled. A No
2834 reexamination may not shall be scheduled sooner than 30 days
2835 after any administration of an examination to an applicant. An
2836 No applicant may not shall be permitted to take an examination
2837 for any level of license more than a total of four times during
2838 1 year, regardless of the number of applications submitted. As a
2839 prerequisite to licensure of the applicant, he or she:
2840 a. Must be at least 18 years of age.
2841 b. Must have 4 years of proven experience as a fire
2842 equipment permittee at a level equal to or greater than the
2843 level of license applied for or have a combination of education
2844 and experience determined to be equivalent thereto by the State
2845 Fire Marshal. Having held a permit at the appropriate level for
2846 the required period constitutes the required experience.
2847 c. Must not have been convicted of a felony or a crime
2848 punishable by imprisonment of 1 year or more under the law of
2849 the United States or of any state thereof or under the law of
2850 any other country, or pled nolo contendere to, any felony.
2851 “Convicted” means a finding of guilt or the acceptance of a plea
2852 of guilty or nolo contendere in any federal or state court or a
2853 court in any other country, without regard to whether a judgment
2854 of conviction has been entered by the court having jurisdiction
2855 of the case. If an applicant has been convicted of any such
2856 felony, the applicant shall be excluded from licensure for a
2857 period of 4 years after expiration of sentence or final release
2858 by the Parole Commission unless the applicant, before the
2859 expiration of the 4-year period, has received a full pardon or
2860 has had her or his civil rights restored must comply with s.
2861 112.011(1)(b).
2862
2863 This subparagraph does not apply to any holder of or applicant
2864 for a permit under paragraph (g) (f) or to a business
2865 organization or a governmental entity seeking initial licensure
2866 or renewal of an existing license solely for the purpose of
2867 inspecting, servicing, repairing, marking, recharging,
2868 hydrotesting, and maintaining fire extinguishers used and
2869 located on the premises of and owned by such organization or
2870 entity.
2871 (d) An applicant who fails the examination may take it
2872 three more times during the 1-year period after he or she
2873 originally filed an application for the examination. If the
2874 applicant fails the examination within 1 year after the
2875 application date and seeks to retake the examination, he or she
2876 must file a new application, pay the application and examination
2877 fees, and successfully complete a prescribed training course
2878 approved by the State Fire College or an equivalent course
2879 approved by the State Fire Marshal. An applicant may not submit
2880 a new application within 6 months after the date of his or her
2881 last reexamination.
2882 (e) A fire equipment dealer licensed under this section may
2883 apply to convert upgrade the license currently held to a higher
2884 licensing category, if the licensed dealer:
2885 1. Submits an application for the license on a form in
2886 conformance with paragraph (c) (b). The application must be
2887 accompanied by a fee as prescribed in s. 633.132 subsection (1)
2888 for the type of license requested.
2889 2. Provides evidence of 2 years’ experience as a licensed
2890 dealer and meets such relevant educational requirements as are
2891 established by rule by the State Fire Marshal for purposes of
2892 upgrading a license.
2893 3. Meets the requirements of paragraph (d) (c).
2894 (f) A fire equipment dealer licensed under this section may
2895 apply to convert the license currently held to a lower licensing
2896 category, if the licensed dealer:
2897 1. Submits an application for the license on a form in
2898 conformance with paragraph (c). The application must be
2899 accompanied by a fee as prescribed in s. 633.132 for the type of
2900 license requested.
2901 2. Submits proof of insurance providing coverage meeting
2902 the requirements prescribed in subparagraph (d)3.
2903 3. Submits to an inspection of the facility to ensure all
2904 equipment associated with the higher class of license has been
2905 removed and submits the required reinspection fee.
2906 (g) A No permit of any class may not shall be issued or
2907 renewed to a person by the division State Fire Marshal, and a no
2908 permit of any class does not shall remain operative, unless the
2909 person has:
2910 1. Submitted a nonrefundable examination fee in the amount
2911 of $50.;
2912 2. Successfully completed a training course offered by the
2913 State Fire College or an equivalent course approved by the State
2914 Fire Marshal.; and
2915 3. Passed, with a grade of at least 70 percent, a written
2916 examination testing his or her knowledge of the rules and
2917 statutes governing regulating the activities authorized by the
2918 permit and demonstrating his or her knowledge and ability to
2919 perform those tasks in a competent, lawful, and safe manner.
2920 Such examination must shall be developed and administered by the
2921 State Fire Marshal in accordance with the policies and
2922 procedures of the State Fire Marshal. An examination fee must
2923 shall be paid for each examination scheduled. A No reexamination
2924 may not shall be scheduled sooner than 30 days after any
2925 administration of an examination to an applicant. An No
2926 applicant may not shall be permitted to take an examination for
2927 any level of permit more than four times during 1 year,
2928 regardless of the number of applications submitted. As a
2929 prerequisite to taking the permit examination, the applicant
2930 must be at least 16 years of age.
2931 (h)(g) An applicant for a license or permit under this
2932 section who fails the examination may take it three more times
2933 during the 1-year period after he or she originally filed an
2934 application for the examination. If the applicant fails the
2935 examination within 1 year after the application date and he or
2936 she seeks to retake the examination, he or she must file a new
2937 application, pay the application and examination fees, and
2938 successfully complete a prescribed training course offered by
2939 the State Fire College or an equivalent course approved by the
2940 State Fire Marshal. The applicant may not submit a new
2941 application within 6 months after the date of his or her fourth
2942 last reexamination. An applicant who passes the examination but
2943 does not meet the remaining qualifications prescribed by law and
2944 rule within 1 year after the application date must file a new
2945 application, pay the application and examination fee,
2946 successfully complete a prescribed training course approved by
2947 the State Fire College or an equivalent course approved by the
2948 State Fire Marshal, and pass the written examination.
2949 (9) The provisions of This section does chapter do not
2950 apply to inspections by fire chiefs, fire inspectors, fire
2951 marshals, or insurance company inspectors.
2952 Section 36. Section 633.065, Florida Statutes, is
2953 transferred and renumbered as section 633.306, Florida Statutes,
2954 and paragraph (a) of subsection (1) of that section is amended,
2955 to read:
2956 633.306 633.065 Requirements for installation, inspection,
2957 and maintenance of fire suppression equipment.—
2958 (1) The requirements for installation of fire extinguishers
2959 and preengineered systems are as follows:
2960 (a) Fire equipment dealers shall be licensed under s.
2961 633.304 633.061.
2962 Section 37. Section 633.071, Florida Statutes, is
2963 transferred and renumbered as section 633.308, Florida Statutes,
2964 and subsection (2) of that section is amended, to read:
2965 633.308 633.071 Standard service tag required on all fire
2966 extinguishers and preengineered systems; serial number required
2967 on all portable fire extinguishers; standard inspection tags
2968 required on all fire protection systems.—
2969 (2) All portable fire extinguishers required by statute or
2970 by rule must shall be listed by Underwriters Laboratories, Inc.,
2971 or approved by Factory Mutual Laboratories, Inc., or listed by a
2972 nationally recognized testing laboratory in accordance with
2973 procedures adopted pursuant to s. 633.314(2) 633.083(2), and
2974 carry an Underwriters Laboratories, Inc., or manufacturer’s
2975 serial number. These listings, approvals, and serial numbers may
2976 be stamped on the manufacturer’s identification and instructions
2977 plate or on a separate Underwriters Laboratories, Inc., or
2978 Factory Mutual Laboratories, Inc., plate soldered or attached to
2979 the extinguisher shell in some permanent manner.
2980 Section 38. Section 633.082, Florida Statutes, is
2981 transferred and renumbered as section 633.312, Florida Statutes,
2982 and subsections (2) and (3) of that section are amended, to
2983 read:
2984 633.312 633.082 Inspection of fire control systems, fire
2985 hydrants, and fire protection systems.—
2986 (2) Fire hydrants and fire protection systems installed in
2987 public and private properties, except one-family or two-family
2988 dwellings, shall be inspected following procedures established
2989 in the nationally recognized inspection, testing, and
2990 maintenance standards publications NFPA-24 and NFPA-25 as set
2991 forth in the edition adopted by the State Fire Marshal.
2992 Quarterly, annual, 3-year, and 5-year inspections consistent
2993 with the contractual provisions with the owner shall be
2994 conducted by the certificateholder or permittees employed by the
2995 certificateholder pursuant to s. 633.318 633.521, except that:
2996 (a) Public fire hydrants owned by a governmental entity
2997 shall be inspected following procedures established in the
2998 inspection, testing, and maintenance standards adopted by the
2999 State Fire Marshal or equivalent standards such as those
3000 contained in the latest edition of the American Water Works
3001 Association’s Manual M17, “Installation, Field Testing, and
3002 Maintenance of Fire Hydrants.”
3003 (b) County, municipal, and special district utilities may
3004 perform fire hydrant inspections required by this section using
3005 designated employees. Such designated employees need not be
3006 certified under this chapter. However, counties, municipalities,
3007 or special districts that use designated employees are
3008 responsible for ensuring that the designated employees are
3009 qualified to perform such inspections.
3010 (3) The inspecting contractor shall provide to the building
3011 owner or hydrant owner and the local authority having
3012 jurisdiction a copy of the applicable inspection report
3013 established under this chapter. The maintenance of fire hydrant
3014 and fire protection systems as well as corrective actions on
3015 deficient systems is the responsibility of the owner of the
3016 system or hydrant. Equipment requiring periodic testing or
3017 operation to ensure its maintenance shall be tested or operated
3018 as specified in the Fire Prevention Code, Life Safety Code,
3019 National Fire Protection Association standards, or as directed
3020 by the appropriate authority agency having jurisdiction,
3021 provided that such appropriate authority may agency shall not
3022 require a sprinkler system not required by the Fire Prevention
3023 Code, Life Safety Code, or National Fire Protection Association
3024 standards to be removed regardless of its condition. This
3025 section does not prohibit governmental entities from inspecting
3026 and enforcing firesafety codes.
3027 Section 39. Section 633.083, Florida Statutes, is
3028 transferred and renumbered as section 633.314, Florida Statutes,
3029 and subsection (3) of that section is amended, to read:
3030 633.314 633.083 Sale or use of certain types of fire
3031 extinguishers prohibited; penalty.—
3032 (3) A person who violates any of the provisions of this
3033 section commits is guilty of a misdemeanor of the second degree,
3034 punishable as provided in s. 775.082 or s. 775.083.
3035 Section 40. Section 633.162, Florida Statutes, is
3036 transferred and renumbered as section 633.316, Florida Statutes,
3037 and subsection (1) and paragraph (e) of subsection (4) of that
3038 section are amended, to read:
3039 633.316 633.162 Fire suppression system contractors;
3040 disciplinary action.—
3041 (1) The violation of any provision of this chapter or any
3042 rule adopted and adopted promulgated pursuant hereto or the
3043 failure or refusal to comply with any notice or order to correct
3044 a violation or any cease and desist order by a any person who
3045 possesses a license or permit issued pursuant to s. 633.304
3046 633.061 is cause for denial, nonrenewal, revocation, or
3047 suspension of such license or permit by the State Fire Marshal
3048 after such officer has determined that the person committed is
3049 guilty of such violation. An order of suspension must shall
3050 state the period of time of such suspension, which period may
3051 not be in excess of 2 years from the date of such order. An
3052 order of revocation may be entered for a period not exceeding 5
3053 years. Such orders shall effect suspension or revocation of all
3054 licenses or permits issued by the division to then held by the
3055 person, and during such period a of time no license or permit
3056 may not shall be issued by the division to such person. During
3057 the suspension or revocation of any license or permit, the
3058 former licensee or permittee may shall not engage in or attempt
3059 or profess to engage in any transaction or business for which a
3060 license or permit is required under this chapter or directly or
3061 indirectly own, control, or be employed in any manner by any
3062 firm, business, or corporation for which a license or permit
3063 under this chapter is required. If, during the period between
3064 the beginning of proceedings and the entry of an order of
3065 suspension or revocation by the State Fire Marshal, a new
3066 license or permit has been issued by the division to the person
3067 so charged, the order of suspension or revocation shall operate
3068 to suspend or revoke such new license or permit held by such
3069 person.
3070 (4) In addition to the grounds set forth in subsection (1),
3071 it is cause for denial, nonrenewal, revocation, or suspension of
3072 a license or permit by the State Fire Marshal if she or he
3073 determines that the licensee or permittee has:
3074 (e) Failed to provide proof of insurance to the State Fire
3075 Marshal or failed to maintain in force the insurance coverage
3076 required by s. 633.304 633.061.
3077 Section 41. Section 633.521, Florida Statutes, is
3078 transferred and renumbered as section 633.318, Florida Statutes,
3079 and subsection (1), paragraph (a) of subsection (2), paragraphs
3080 (c) and (g) of subsection (3), and subsections (4), (8), and
3081 (11) of that section are amended, to read:
3082 633.318 633.521 Certificate application and issuance;
3083 permit issuance; examination and investigation of applicant.—
3084 (1) To obtain a fire protection system contractor’s
3085 certificate, an applicant shall submit to the division State
3086 Fire Marshal an application in writing, on a form provided by
3087 the division State Fire Marshal containing the information
3088 prescribed, which shall be accompanied by the fee fixed herein,
3089 containing a statement that the applicant desires the issuance
3090 of a certificate and stating the class of certificate requested.
3091 (2)(a) Examinations shall be administered by the division
3092 State Fire Marshal and held at times and places within the state
3093 as the division State Fire Marshal determines, but there shall
3094 be at least two examinations a year. Each applicant shall take
3095 and pass an objective, written examination of her or his fitness
3096 for a certificate in the class for which the application is
3097 requested. There shall be a type of examination for each class
3098 of certificate for contractors as of the classes of certificates
3099 defined in s. 633.102 633.021(5). The examination must shall
3100 test the applicant’s ability to lay out, fabricate, install,
3101 alter, repair, and inspect fire protection systems and their
3102 appurtenances and must shall test the applicant’s fitness in
3103 business and financial management. The test must shall be based
3104 on applicable standards of the National Fire Protection
3105 Association and on relevant Florida and federal laws pertaining
3106 to the construction industry, safety standards, administrative
3107 procedures, and pertinent technical data.
3108 (3)
3109 (c) Required education and experience for certification as
3110 a Contractor I, Contractor II, Contractor III, or Contractor IV
3111 includes training and experience in both installation and system
3112 layout as defined in s. 633.102 633.021.
3113 (g) Within 30 days after the date of the examination, the
3114 division State Fire Marshal shall inform the applicant in
3115 writing whether she or he has qualified or not and, if the
3116 applicant has qualified, that she or he is eligible ready to be
3117 issued issue a certificate of competency, subject to compliance
3118 with the requirements of subsection (4).
3119 (4) As a prerequisite to issuance of a certificate, the
3120 division must State Fire Marshal shall require the applicant to
3121 submit satisfactory evidence that she or he has obtained
3122 insurance providing coverage for comprehensive general liability
3123 for bodily injury and property damages, products liability,
3124 completed operations, and contractual liability. The division
3125 State Fire Marshal may adopt rules providing for the amount of
3126 insurance, but such amount shall not be less than $500,000 for a
3127 Contractor I, Contractor II, Contractor III, or Contractor V and
3128 shall not be less than $250,000 for a Contractor IV. An insurer
3129 which provides such coverage shall notify within 30 days the
3130 division within 30 days State Fire Marshal of any material
3131 change in coverage or any termination, cancellation, or
3132 nonrenewal of such coverage. An insurer which fails to so notify
3133 the division State Fire Marshal’s office shall be subject to the
3134 penalties provided under s. 624.4211.
3135 (8) An individual employed by a Contractor I or Contractor
3136 II certificateholder, as established in this section, who will
3137 be inspecting water-based fire protection systems as required
3138 under s. 633.312 633.082, must be issued a permit by the
3139 division State Fire Marshal to conduct such work. The permit is
3140 valid solely for use by the holder thereof in his or her
3141 employment by the certificateholder named in the permit. A
3142 permittee must have a valid and subsisting permit upon his or
3143 her person at all times while engaging in inspecting fire
3144 protection systems, and a permitholder must be able to produce
3145 such a permit upon demand. In addition, a permittee shall, at
3146 all times while performing inspections, carry an identification
3147 card containing his or her photograph and other identifying
3148 information as prescribed by the State Fire Marshal, and the
3149 permittee must produce the identification card and information
3150 upon demand. The permit and the identification may be one and
3151 the same. A permittee is limited as to the specific type of work
3152 performed, depending upon the class of certificate held by the
3153 certificateholder under whom the permittee is working. The
3154 permit class shall be known as a Water-Based Fire Protection
3155 Inspector whose permit allows the holder to inspect water
3156 sprinkler systems, water spray systems, foam-water sprinkler
3157 systems, foam-water spray systems, standpipes, combination
3158 standpipes and sprinkler systems, all piping that is an integral
3159 part of the system beginning at the point where the piping is
3160 used exclusively for fire protection, sprinkler tank heaters,
3161 air lines, thermal systems used in connection with sprinklers,
3162 and tanks and pumps connected thereto, excluding preengineered
3163 systems.
3164 (11) It is intended that a certificateholder, or a
3165 permitholder who is employed by a certificateholder, conduct
3166 inspections required by this chapter. It is understood that
3167 after July 1, 2008, employee turnover may result in a depletion
3168 of personnel who are certified under the NICET Sub-field of
3169 Inspection and Testing of Fire Protection Systems Level II or
3170 equivalent training and education as required by the division of
3171 State Fire Marshal. A certificateholder may obtain a provisional
3172 permit with an endorsement for inspection, testing, and
3173 maintenance of water-based fire extinguishing systems for an
3174 employee if the employee has initiated procedures for obtaining
3175 Level II certification from the National Institute for
3176 Certification in Engineering Technologies Sub-field of
3177 Inspection and Testing of Fire Protection Systems and achieved
3178 Level I certification or an equivalent level as determined by
3179 the State Fire Marshal through verification of experience,
3180 training, and examination. The division State Fire Marshal may
3181 establish rules to administer this subsection. After 2 years of
3182 provisional certification, the employee must have achieved NICET
3183 Level II certification or obtain equivalent training and
3184 education as determined by the division, or cease performing
3185 inspections requiring Level II certification. The provisional
3186 permit is valid only for the 2 calendar years after the date of
3187 issuance, may not be extended, and is not renewable. After the
3188 initial 2-year provisional permit expires, the certificateholder
3189 must wait 2 additional years before a new provisional permit may
3190 be issued. The intent is to prohibit the certificateholder from
3191 using employees who never reach NICET Level II status, or
3192 equivalent training and education as determined by the division,
3193 by continuously obtaining provisional permits.
3194 Section 42. Section 633.551, Florida Statutes, is
3195 transferred and renumbered as section 633.322, Florida Statutes,
3196 and subsections (1) through (3) of that section are amended, to
3197 read:
3198 633.322 633.551 County, and municipal, and special district
3199 powers; effect of ch. 75-240.—
3200 (1) Nothing in This chapter does not limit act limits the
3201 power of a municipality, or county, or special district to
3202 regulate the quality and character of work performed by
3203 contractors through a system of permits, fees, and inspections
3204 which are designed to secure compliance with, and aid in the
3205 implementation of, state and local building laws or to enforce
3206 other local laws for the protection of the public health and
3207 safety.
3208 (2) Nothing in This chapter does not limit act limits the
3209 power of a municipality, or county, or special district to adopt
3210 any system of permits requiring submission to and approval by
3211 the municipality, or county, or special district of plans and
3212 specifications for work to be performed by contractors before
3213 commencement of the work, except that a no municipality, or
3214 county, or special district may not shall require a fire
3215 protection system contractor’s shop drawings to be sealed by a
3216 professional engineer.
3217 (3) An Any official authorized to issue building or other
3218 related permits shall ascertain that the applicant contractor is
3219 duly certified before issuing the permit. The evidence shall
3220 consist only of the exhibition to him or her of current evidence
3221 of current certification.
3222 Section 43. Section 633.527, Florida Statutes, is
3223 transferred and renumbered as section 633.324, Florida Statutes.
3224 Section 44. Section 633.531, Florida Statutes, is
3225 transferred and renumbered as section 633.326, Florida Statutes.
3226 Section 45. Section 633.534, Florida Statutes, is
3227 transferred and renumbered as section 633.328, Florida Statutes,
3228 and subsection (4) of that section is amended, to read:
3229 633.328 633.534 Issuance of certificate to individuals and
3230 business organizations.—
3231 (4) If When the certified business organization makes
3232 application for an occupational license in any municipality or
3233 county of this state, the application must shall be made with
3234 the tax collector in the name of the business organization, and
3235 the license, when issued, shall be issued to the business
3236 organization upon payment of the appropriate licensing fee and
3237 exhibition to the tax collector of a valid certificate issued by
3238 the division State Fire Marshal.
3239 Section 46. Section 633.537, Florida Statutes, is
3240 transferred and renumbered as section 633.332, Florida Statutes,
3241 and subsections (1) and (2) and paragraph (a) of subsection (3)
3242 of that section are amended, to read:
3243 633.332 633.537 Certificate; expiration; renewal; inactive
3244 certificate; continuing education.—
3245 (1) Certificates shall expire every 2 years at midnight on
3246 June 30. Effective with the June 30, 1998, renewal, All
3247 certificates must be renewed every 2 years. The failure to renew
3248 a certificate before during June 30, shall cause the certificate
3249 to become inoperative, and it is unlawful thereafter for a any
3250 person to engage, offer to engage, or hold herself or himself
3251 out as engaging in contracting under the certificate unless the
3252 certificate is restored or reissued. A certificate which is
3253 inoperative because of failure to renew shall be restored on
3254 payment of the proper renewal fee if the application for
3255 restoration is made within 90 days after June 30. If the
3256 application for restoration is not made within the 90-day
3257 period, the fee for restoration must shall be equal to the
3258 original application fee, and, in addition, the State Fire
3259 Marshal must shall require examination or reexamination of the
3260 applicant.
3261 (2) A person who holds a valid certificate may maintain
3262 such certificate in an inactive status during which time she or
3263 he may not engage in contracting. An inactive status certificate
3264 shall be void after a 2-year period. The biennial renewal fee
3265 for an inactive status certificate shall be $75. An inactive
3266 status certificate may be reactivated upon application to the
3267 State Fire Marshal and payment of the initial application fee.
3268 (3)(a) A certificate for the Contractor I, II, and III
3269 classifications as defined in this chapter may shall not be
3270 renewed unless the certificateholder produces documentation of
3271 at least 32 contact hours of continuing education in the fire
3272 protection discipline during the biennial licensure period.
3273 Holders of Contractor IV certificates are required to obtain 14
3274 contact hours of continuing education encompassing the
3275 appropriate National Fire Protection Association fire sprinkler
3276 documents before prior to renewal. Holders of Contractor V
3277 certificates are required to obtain 14 contact hours of
3278 continuing education before prior to renewal, at least 1 hour of
3279 which is in the fire protection discipline. Any continuing
3280 education hours approved pursuant to chapter 489 by the
3281 Construction Industry Licensing Board for underground utility
3282 and excavation contractors shall be considered as also approved
3283 to comply with Contractor V continuing education requirements. A
3284 Contractor V certificateholder shall provide to the State Fire
3285 Marshal evidence of approval of such coursework by the
3286 Construction Industry Licensing Board.
3287 Section 47. Section 633.539, Florida Statutes, is
3288 transferred and renumbered as section 633.334, Florida Statutes,
3289 and paragraph (a) of subsection (1) and subsections (2) and (4)
3290 of that section are amended, to read:
3291 633.334 633.539 Requirements for installation, inspection,
3292 and maintenance of fire protection systems.—
3293 (1) The requirements for installation of fire protection
3294 systems are as follows:
3295 (a) Contractors of fire protection systems shall be
3296 certified under s. 633.318 633.521.
3297 (2) Equipment shall be inspected, serviced, and maintained
3298 in accordance with the manufacturer’s maintenance procedures and
3299 with applicable National Fire Protection Association standards.
3300 The inspection of fire protection systems shall be conducted by
3301 a certificateholder or holder of a permit issued by the division
3302 State Fire Marshal. The permitholder may perform inspections on
3303 fire protection systems only while employed by the
3304 certificateholder. This section does not prohibit the authority
3305 having jurisdiction or insurance company representatives from
3306 reviewing the system in accordance with acceptable oversight
3307 standards.
3308 (4) The Contractor V may install the cross-connection
3309 backflow prevention device as defined in this chapter on new
3310 installations following the engineer of record’s direction on
3311 the type and size of the device. The retrofitting of a backflow
3312 device on an existing fire protection system will cause a
3313 reduction in available water pressure and probable system
3314 malfunction. The development of aboveground fire protection
3315 system hydraulic calculations is a task of the Contractor I and
3316 II, as defined in this chapter. Accordingly, a Contractor V is
3317 expressly prohibited from retrofitting cross-connection backflow
3318 prevention devices on an existing fire protection system, and
3319 only a Contractor I or Contractor II who is tasked to
3320 recalculate the system and take corrective actions to ensure
3321 that the system will function with the available water supply
3322 may retroactively install these backflow devices on existing
3323 fire protection systems.
3324 Section 48. Section 633.541, Florida Statutes, is
3325 transferred and renumbered as section 633.336, Florida Statutes,
3326 and subsections (1), (3), and (4) of that section are amended,
3327 to read:
3328 633.336 633.541 Contracting without certificate prohibited;
3329 violations; penalty.—
3330 (1) It is unlawful for any organization or individual to
3331 engage in the business of layout, fabrication, installation,
3332 inspection, alteration, repair, or service of a fire protection
3333 system, other than a preengineered system, act in the capacity
3334 of a fire protection contractor, or advertise itself as being a
3335 fire protection contractor without having been duly certified
3336 and holding a valid and existing certificate, except as
3337 hereinafter provided. The holder of a certificate used to
3338 qualify an organization must be a full-time employee of the
3339 qualified organization or business. A certificateholder who is
3340 employed by more than one fire protection contractor during the
3341 same period of time is deemed not to be a full-time employee of
3342 either contractor. The State Fire Marshal shall revoke, for a
3343 period of time determined by the State Fire Marshal, the
3344 certificate of a certificateholder who allows the use of the
3345 certificate to qualify a company of which the certificateholder
3346 is not a full-time employee. A contractor who maintains more
3347 than one place of business must employ a certificateholder at
3348 each location. Nothing in This subsection does not prohibit
3349 prohibits an employee acting on behalf of governmental entities
3350 from inspecting and enforcing firesafety codes, provided such
3351 employee is certified under s. 633.216 633.081.
3352 (3) A Any person who violates any provision of this act or
3353 commits any of the acts constituting cause for disciplinary
3354 action as herein set forth commits is guilty of a misdemeanor of
3355 the second degree, punishable as provided in s. 775.082 or s.
3356 775.083.
3357 (4) In addition to the penalties provided in subsection
3358 (3), a fire protection contractor certified under this chapter
3359 who violates any provision of this section or who commits any
3360 act constituting cause for disciplinary action is subject to
3361 suspension or revocation of the certificate and administrative
3362 fines pursuant to s. 633.338 633.547.
3363 Section 49. Section 633.547, Florida Statutes, is
3364 transferred and renumbered as section 633.338, Florida Statutes,
3365 and paragraphs (d) and (h) of subsection (2) and subsection (3)
3366 of that section are amended, to read:
3367 633.338 633.547 Disciplinary action; fire protection system
3368 contractors; grounds for denial, nonrenewal, suspension, or
3369 revocation of certificate or permit.—
3370 (2) The following acts constitute cause for disciplinary
3371 action:
3372 (d) Disciplinary action by any municipality, or county, or
3373 special district, which action shall be reviewed by the State
3374 Fire Marshal before taking any disciplinary action.
3375 (h) Failing to provide proof of insurance to the State Fire
3376 Marshal or failing to maintain in force the insurance coverage
3377 required by s. 633.318 633.521.
3378 (3) The State Fire Marshal is authorized to take the
3379 following disciplinary action:
3380 (a) She or he may suspend the contractor’s certificate
3381 certificateholder for a period of up to not to exceed 2 years.
3382 During that period, the contractor must cease all operations as
3383 a contractor, but the State Fire Marshal may authorize the
3384 certificateholder from all operations as a contractor during the
3385 period fixed by the State Fire Marshal, but she or he may permit
3386 the certificateholder to complete any contracts then incomplete.
3387 (b) She or he may revoke a certificate for a period not to
3388 exceed 5 years.
3389 Section 50. Section 633.549, Florida Statutes, is
3390 transferred, renumbered as section 633.342, Florida Statutes,
3391 and amended to read:
3392 633.342 633.549 Violations subject to injunction.—A Any
3393 person who operates as a contractor without a current
3394 certificate or who violates any part of this chapter or any
3395 rule, decision, order, direction, demand, or requirement of the
3396 State Fire Marshal in relation thereto, or any part or provision
3397 thereof, may be enjoined by the courts of the state from any
3398 such violation or such unauthorized or unlawful contracting at
3399 the request instance of the State Fire Marshal, the board, or
3400 any resident citizen or taxpayer of the state.
3401 Section 51. Section 633.554, Florida Statutes, is
3402 transferred and renumbered as section 633.344, Florida Statutes.
3403 Section 52. Section 633.70, Florida Statutes, is
3404 transferred and renumbered as section 633.346, Florida Statutes,
3405 and subsection (1) of that section is amended, to read:
3406 633.346 633.70 Jurisdiction of State Fire Marshal over
3407 alarm system contractors and certified unlimited electrical
3408 contractors.—
3409 (1) If When the State Fire Marshal, in the course of its
3410 activities pursuant to s. 633.104(2) 633.01(2), determines that
3411 an alarm system contractor or a certified unlimited electrical
3412 contractor working with an alarm system has violated any
3413 provision of this chapter or the rules of the State Fire
3414 Marshal, the State Fire Marshal shall have jurisdiction,
3415 notwithstanding any other provision of this chapter, to order
3416 corrective action by the alarm system contractor or the
3417 certified unlimited electrical contractor to bring the alarm
3418 system into compliance with applicable standards set forth in
3419 this chapter and the rules of the State Fire Marshal.
3420 Section 53. Section 633.701, Florida Statutes, is
3421 transferred and renumbered as section 633.348, Florida Statutes.
3422 Section 54. Section 633.702, Florida Statutes, is
3423 transferred and renumbered as section 633.3482, Florida
3424 Statutes, and subsection (2) and paragraph (c) of subsection (3)
3425 of that section are amended, to read:
3426 633.3482 633.702 Prohibited acts regarding alarm system
3427 contractors or certified unlimited electrical contractors;
3428 penalties.—
3429 (2) A Any person who violates this section commits is
3430 guilty of a misdemeanor of the second degree, punishable as
3431 provided in s. 775.082 or s. 775.083.
3432 (3) It is a misdemeanor of the first degree, punishable as
3433 provided in s. 775.082 or s. 775.083, for any fire alarm system
3434 contractor or certified unlimited electrical contractor to
3435 intentionally or willfully:
3436 (c) Knowingly combine combining or conspire conspiring with
3437 a any person by allowing one’s certificate to be used by an any
3438 uncertified person with intent to evade the provisions of this
3439 act. When a licensee allows his or her license to be used by one
3440 or more companies without having any active participation in the
3441 operation or management of the said companies, such act
3442 constitutes prima facie evidence of any intent to evade the
3443 provisions of this chapter act.
3444 Section 55. The Division of Law Revision and Information is
3445 directed to create part IV of chapter 633, Florida Statutes,
3446 consisting of sections 633.402, 633.404, 633.406, 633.408,
3447 633.412, 633.414, 633.416, 633.418, 633.422, 633.424, 633.426,
3448 633.428, 633.432, 633.434, 633.436, 633.438, 633.442, 633.444,
3449 and 633.446, Florida Statutes, to be entitled “Fire Standards
3450 and Training.”
3451 Section 56. Section 633.31, Florida Statutes, is
3452 transferred and renumbered as section 633.402, Florida Statutes,
3453 subsection (1) of that section is amended, and new subsections
3454 (5) through (9) are added to that section, to read:
3455 633.402 633.31 Firefighters Employment, Standards, and
3456 Training Council; organization; meetings; quorum; compensation;
3457 seal; special powers; firefighter training.—
3458 (1) There is created within the department a Firefighters
3459 Employment, Standards, and Training Council of 14 13 members.
3460 (a) The members shall be appointed as follows:
3461 1. Two members shall be fire chiefs appointed by the
3462 Florida Fire Chiefs Association.,
3463 2. Two members shall be firefighters, who are not officers,
3464 appointed by the Florida Professional Firefighters Association.,
3465 3. Two members shall be firefighter officers, who are not
3466 fire chiefs, appointed by the State Fire Marshal.,
3467 4. One individual member appointed by the Florida League of
3468 Cities.,
3469 5. One individual member appointed by the Florida
3470 Association of Counties.,
3471 6. One individual member appointed by the Florida
3472 Association of Special Districts.,
3473 7. One individual member appointed by the Florida Fire
3474 Marshals’ and Inspectors’ Marshal’s Association., and
3475 8. One employee of the Florida Forest Service of the
3476 Department of Agriculture and Consumer Services appointed by the
3477 director of the Florida Forest Service.
3478 9. One individual member appointed by the State Fire
3479 Marshal., and
3480 10. One member shall be a director or instructor of a
3481 state-certified firefighting training facility appointed by the
3482 State Fire Marshal.
3483 11. The remaining member, who shall be appointed by the
3484 State Fire Marshal, may not be a member or representative of the
3485 firefighting profession or of any local government.
3486 (b) To be eligible for appointment as a member under
3487 subparagraph (a)1., subparagraph (a)2., subparagraph (a)3.,
3488 subparagraph (a)8., or subparagraph (a)10. fire chief member,
3489 firefighter officer member, firefighter member, or a director or
3490 instructor of a state-certified firefighting facility, a person
3491 must shall have had at least 4 years’ experience in the
3492 firefighting profession. The remaining member, who shall be
3493 appointed by the State Fire Marshal, shall not be a member or
3494 representative of the firefighting profession or of any local
3495 government. Members shall serve only as long as they continue to
3496 meet the criteria under which they were appointed, or unless a
3497 member has failed to appear at three consecutive and properly
3498 noticed meetings unless excused by the chair.
3499 (5) The council shall elect to 1-year terms a chair and a
3500 vice chair. A person may not serve more than two consecutive
3501 terms in either office.
3502 (6) The council shall meet at the call of the chair, at the
3503 request of a majority of its membership, at the request of the
3504 department, or at such times as are prescribed by its rules, and
3505 a majority of the council shall constitute a quorum.
3506 (7) Members of the council shall serve without compensation
3507 but shall be entitled to be reimbursed for per diem and travel
3508 expenses as provided by s. 112.061.
3509 (8) The council may adopt a seal for its use containing the
3510 words “Firefighters Employment, Standards, and Training
3511 Council.”
3512 (9) The council shall have special powers in connection
3513 with the employment and training of firefighters to:
3514 (a) Recommend, for adoption by the division, uniform
3515 minimum standards for the employment and training of
3516 firefighters and training of volunteer firefighters.
3517 (b) Recommend, for adoption by the division, minimum
3518 curriculum requirements for schools operated by or for any fire
3519 service provider for the specific purpose of training
3520 firefighter trainees, firefighters, and volunteer firefighters.
3521 (c) Recommend, for adoption by the division, on matters
3522 relating to the funding, general operation, and administration
3523 of the Bureau of Fire Standards and Training (Florida State Fire
3524 College), including, but not limited to, all standards,
3525 training, curriculum, and the issuance of any certificate of
3526 competency required by this chapter.
3527 (d) Make or support studies on any aspect of firefighting
3528 employment, education, and training or recruitment.
3529 (e) Make recommendations concerning any matter within its
3530 purview pursuant to this section.
3531 Section 57. Section 633.42, Florida Statutes, is
3532 transferred, renumbered as section 633.404, Florida Statutes,
3533 and amended to read:
3534 633.404 633.42 Additional standards authorized.—Nothing
3535 herein shall be construed to preclude a fire service provider an
3536 employing agency from establishing qualifications and standards
3537 for hiring, training, or promoting firefighters that exceed the
3538 minimum set by the division department.
3539 Section 58. Section 633.406, Florida Statutes, is created
3540 to read:
3541 633.406 Classes of certification.—
3542 (1) The division may award one or more of the following
3543 certificates:
3544 (a) Firefighter Certificate of Compliance.—A Firefighter
3545 Certificate of Compliance may be awarded to a person who meets
3546 the requirements established in s. 633.408(4).
3547 (b) Fire Safety Inspector Certificate of Compliance.—A Fire
3548 Safety Inspector Certificate of Compliance may be awarded to a
3549 person who meets the requirements established in s. 633.216(2).
3550 (c) Special Certificate of Compliance.—A Special
3551 Certificate of Compliance may be awarded to a person who
3552 qualifies under s. 633.408(6).
3553 (d) Forestry Certificate of Compliance.—A Forestry
3554 Certificate of Compliance may be awarded to a person who has
3555 satisfactorily complied with a training program and successfully
3556 passed an examination as prescribed by rule, and who possesses
3557 the qualifications established in s. 590.02(1)(e).
3558 (e) Fire Service Instructor Certificate.—A Fire Service
3559 Instructor Certificate may be awarded to a person who
3560 demonstrates general or specialized knowledge, skills, and
3561 abilities in firefighting service and meets the qualification
3562 requirements prescribed by rule.
3563 (f) Certificate of Competency.—A Certificate of Competency
3564 may be awarded to a person who meets the experience, training,
3565 advanced education, or examination requirements as prescribed by
3566 rule, and is especially qualified for particular aspects of
3567 firefighting service.
3568 (g) Volunteer Firefighter Certificate of Completion.—A
3569 Volunteer Firefighter Certificate of Completion may be awarded
3570 to a person who has satisfactorily completed the training
3571 requirements as prescribed by rule for a volunteer firefighter.
3572 (2) The division may establish by rule certificates, in
3573 addition to those provided in subsection (1), that the division
3574 may award in recognition of special training or education
3575 received by an individual, authorizing that individual to
3576 perform specialized firefighting services or provide specialized
3577 firefighting instruction, such as hazardous materials and urban
3578 search and rescue.
3579 Section 59. Section 633.35, Florida Statutes, is
3580 transferred, renumbered as section 633.408, Florida Statutes,
3581 and amended to read:
3582 633.408 633.35 Firefighter and volunteer firefighter
3583 training and certification.—
3584 (1) The division shall establish by rule:
3585 (a) A Minimum Standards Course and course examination to
3586 provide the training required to obtain a Firefighter
3587 Certificate of Compliance.
3588 (b) Courses and course examinations to provide training
3589 required to obtain a Volunteer Firefighter Certificate of
3590 Completion or a Special Certificate of Compliance.
3591 (c) Courses to provide continuing training for firefighters
3592 and volunteer firefighters.
3593 (2) Courses under subsection (1) may only be administered
3594 by education or training providers approved by the division
3595 pursuant to s. 633.128(1)(c) and taught by instructors certified
3596 pursuant to s. 633.128(1)(d) a firefighter training program of
3597 not less than 360 hours, administered by such agencies and
3598 institutions as it approves for the purpose of providing basic
3599 employment training for firefighters.
3600 (3)(a) Nothing herein shall require a fire service provider
3601 public employer to pay the cost of such training.
3602 (b) A fire service provider may pay part or all of the
3603 costs of tuition for attendance at approved courses.
3604 (4)(2) The division shall issue a firefighter certificate
3605 of compliance to an any individual who does all of the
3606 following:
3607 (a) person Satisfactorily completes complying with the
3608 Minimum Standards Course or who has satisfactorily completed
3609 training for firefighters in another state which has been
3610 determined by the division to be at least the equivalent of the
3611 training required for the Minimum Standards Course.
3612 (b) Passes the Minimum Standards Course examination.
3613 training program established in subsection (1), who has
3614 successfully passed an examination as prescribed by the
3615 division, and
3616 (c) who Possesses the qualifications for employment in s.
3617 633.412 633.34, except s. 633.34(5).
3618 (5) The division shall issue a Volunteer Firefighter
3619 Certificate of Completion to any individual who satisfactorily
3620 completes the course established under paragraph (1)(b) No
3621 person may be employed as a regular or permanent firefighter by
3622 an employing agency, or by a private entity under contract with
3623 the state or any political subdivision of the state, including
3624 authorities and special districts, for a period of time in
3625 excess of 1 year from the date of initial employment until he or
3626 she has obtained such certificate of compliance. A person who
3627 does not hold a certificate of compliance and is employed under
3628 this section may not directly engage in hazardous operations,
3629 such as interior structural firefighting and hazardous
3630 materials-incident mitigation, requiring the knowledge and
3631 skills taught in a training program established in subsection
3632 (1). However, a person who has served as a volunteer firefighter
3633 with the state or any political subdivision of the state,
3634 including authorities and special districts, who is then
3635 employed as a regular or permanent firefighter may function,
3636 during this period, in the same capacity in which he or she
3637 acted as a volunteer firefighter, provided that he or she has
3638 completed all training required by the volunteer organization.
3639 (3) The division may issue a certificate to any person who
3640 has received basic employment training for firefighters in
3641 another state when the division has determined that such
3642 training was at least equivalent to that required by the
3643 division for approved firefighter education and training
3644 programs in this state and when such person has satisfactorily
3645 complied with all other requirements of this section.
3646 (6)(a) The division may also issue a Special Certificate of
3647 Compliance to an individual a person who does all of the
3648 following:
3649 1. Satisfactorily completes the course established in
3650 paragraph (1)(b) to obtain a Special Certificate of Compliance.
3651 2. Passes the examination established in paragraph (1)(b)
3652 to obtain a Special Certificate of Compliance.
3653 3. Possesses the qualifications in s. 633.412 is otherwise
3654 qualified under this section and who is employed as the
3655 administrative and command head of a fire/rescue/emergency
3656 services organization, based on the acknowledgment that such
3657 person is less likely to need physical dexterity and more likely
3658 to need advanced knowledge of firefighting and supervisory
3659 skills.
3660 (b) A Special The Certificate of Compliance is valid only
3661 authorizes an individual to serve while the person is serving in
3662 a position as an administrative and command head of a fire
3663 service provider fire/rescue/emergency services organization.
3664 (7)(4) An individual A person who fails an examination
3665 given under this section may retake the examination once within
3666 6 months after the original examination date. If the individual
3667 An applicant who does not retake the examination or fails the
3668 reexamination within such time, the individual must take the
3669 Minimum Standards Course for a Firefighter Certificate of
3670 Compliance or the course established under paragraph (1)(b) for
3671 a Special Certificate of Compliance, pursuant to subsection (1),
3672 before being reexamined. The division may grant an extension of
3673 the 6-month period based upon documented medical necessity and
3674 may establish reasonable preregistration deadlines for such
3675 reexaminations.
3676 (8)(5) Pursuant to s. 590.02(1)(e), the division shall
3677 establish a structural fire training program of not less than
3678 206 40 hours. The division shall issue to a any person
3679 satisfactorily complying with this training program and who has
3680 successfully passed an examination as prescribed by the division
3681 and who has met the requirements of s. 590.02(1)(e), a Forestry
3682 Certificate of Compliance Certificate of Forestry Firefighter.
3683 (6) An individual who holds a current and valid Forestry
3684 Certificate of Compliance A certified forestry firefighter is
3685 entitled to the same rights, privileges, and benefits provided
3686 for by law as a certified firefighter.
3687 Section 60. Section 633.34, Florida Statutes, is
3688 transferred, renumbered as section 633.412, Florida Statutes,
3689 and amended to read:
3690 633.412 633.34 Firefighters; qualifications for
3691 certification employment.—
3692 (1) A Any person applying for certification employment as a
3693 firefighter must:
3694 (a)(1) Be a high school graduate or the equivalent, as the
3695 term may be determined by the division, and at least 18 years of
3696 age.
3697 (b)(2) Not Neither have been convicted of a misdemeanor
3698 relating to the certification or to perjury or false statements,
3699 or a felony or a crime punishable by imprisonment of 1 year or
3700 more under the law of the United States or of any state thereof
3701 or under the law of any other country, or dishonorably
3702 discharged from any of the Armed Forces of the United States.
3703 “Convicted” means a finding of guilt or the acceptance of a plea
3704 of guilty or nolo contendere, in any federal or state court or a
3705 court in any other country, without regard to whether a judgment
3706 of conviction has been entered by the court having jurisdiction
3707 of the case felony or of a misdemeanor directly related to the
3708 position of employment sought, nor have pled nolo contendere to
3709 any charge of a felony. If an applicant has been convicted of a
3710 felony, such applicant must be in compliance with s.
3711 112.011(2)(b). If an applicant has been convicted of a
3712 misdemeanor directly related to the position of employment
3713 sought, such applicant shall be excluded from employment for a
3714 period of 4 years after expiration of sentence. If the sentence
3715 is suspended or adjudication is withheld in a felony charge or
3716 in a misdemeanor directly related to the position or employment
3717 sought and a period of probation is imposed, the applicant must
3718 have been released from probation.
3719 (c)(3) Submit fingerprints a fingerprint card to the
3720 division with a current processing fee. The fingerprints
3721 fingerprint card will be forwarded to the Department of Law
3722 Enforcement for state processing and forwarded by the Department
3723 of Law Enforcement to and/or the Federal Bureau of Investigation
3724 for national processing.
3725 (d)(4) Have a good moral character as determined by
3726 investigation under procedure established by the division.
3727 (e)(5) Be in good physical condition as determined by a
3728 medical examination given by a physician, surgeon, or physician
3729 assistant licensed to practice in the state pursuant to chapter
3730 458; an osteopathic physician, surgeon, or physician assistant
3731 licensed to practice in the state pursuant to chapter 459; or an
3732 advanced registered nurse practitioner licensed to practice in
3733 the state pursuant to chapter 464. Such examination may include,
3734 but need not be limited to, provisions of the National Fire
3735 Protection Association Standard 1582. A medical examination
3736 evidencing good physical condition shall be submitted to the
3737 division, on a form as provided by rule, before an individual is
3738 eligible for admission into a course under firefighter training
3739 program as defined in s. 633.408 633.35.
3740 (f)(6) Be a nonuser of tobacco or tobacco products for at
3741 least 1 year immediately preceding application, as evidenced by
3742 the sworn affidavit of the applicant.
3743 (2) If the division suspends or revokes an individual’s
3744 certificate, the division must suspend or revoke all other
3745 certificates issued to the individual by the division pursuant
3746 to this part.
3747 Section 61. Section 633.352, Florida Statutes, is
3748 transferred, renumbered as section 633.414, Florida Statutes,
3749 and amended to read:
3750 633.414 633.352 Retention of firefighter certification.—
3751 (1) In order for a firefighter to retain her or his
3752 Firefighter Certificate of Compliance, every 4 years he or she
3753 must:
3754 (a) Be Any certified firefighter who has not been active as
3755 a firefighter, or as a volunteer firefighter with an organized
3756 fire department, for a period of 3 years shall be required to
3757 retake the practical portion of the minimum standards state
3758 examination specified in rule 69A-37.056(6)(b), Florida
3759 Administrative Code, in order to maintain her or his
3760 certification as a firefighter;
3761 (b) Maintain a current and valid fire service instructor
3762 certificate, instruct at least 40 hours during the 4-year
3763 period, and provide proof of such instruction to the division,
3764 which proof must be registered in an electronic database
3765 designated by the division;
3766 (c) Successfully complete a refresher course consisting of
3767 a minimum of 40 hours of training to be prescribed by rule; or
3768 (d) Within 6 months before the 4-year period expires,
3769 successfully retake and pass the Minimum Standards Course
3770 examination.
3771 (2) In order for a volunteer firefighter to retain her or
3772 his Volunteer Firefighter Certificate of Completion, every 4
3773 years he or she must:
3774 (a) Be active as a volunteer firefighter; or
3775 (b) Successfully complete a refresher course consisting of
3776 a minimum of 40 hours of training to be prescribed by rule.
3777 (3) Subsection (1) however, this requirement does not apply
3778 to state-certified firefighters who are certified and employed
3779 as full-time, as determined by the fire service provider, as
3780 firesafety inspectors or fire investigators firesafety
3781 instructors, regardless of her or his the firefighter’s
3782 employment status as a firefighter.
3783 (4) For the purposes of this section, the term “active”
3784 means being employed as a firefighter or providing service as a
3785 volunteer firefighter for a cumulative 6 months within a 4-year
3786 period.
3787 (5) The 4-year 3-year period begins:
3788 (a) If the individual is certified on or after July 1,
3789 2013, on the date the certificate of compliance is issued or
3790 upon termination of employment or service with a an organized
3791 fire department.
3792 (b) If the individual is certified before July 1, 2013, on
3793 July 1, 2014, or upon termination of employment or service
3794 thereafter.
3795 Section 62. Section 633.41, Florida Statutes, is
3796 transferred, renumbered as section 633.416, Florida Statutes,
3797 and amended to read:
3798 633.416 633.41 Firefighter employment and volunteer
3799 firefighter service; saving clause.—
3800 (1) A fire service provider may not employ an individual
3801 to:
3802 (a) Extinguish fires for the protection of life or property
3803 or to supervise individuals who perform such services unless the
3804 individual holds a current and valid Firefighter Certificate of
3805 Compliance; or
3806 (b) Serve as the administrative and command head of a fire
3807 service provider for a period in excess of 1 year unless the
3808 individual holds a current and valid Firefighter Certificate of
3809 Compliance or Special Certificate of Compliance.
3810 (2) A fire service provider may not retain the services of
3811 an individual volunteering to extinguish fires for the
3812 protection of life or property or to supervise individuals who
3813 perform such services unless the individual holds a current and
3814 valid Volunteer Firefighter Certificate of Completion.
3815 (3)(a) A fire service provider must make a diligent effort
3816 to determine whether the individual has a current and valid
3817 certificate before employing or retaining an individual for the
3818 services under subsection (1) or subsection (2), including
3819 making a determination of whether the requirements set forth in
3820 s. 633.414 have been fulfilled.
3821 (b) For the purposes of this subsection, the term “diligent
3822 effort” means contacting at least three of the individual’s
3823 previous employers to obtain her or his dates of employment and
3824 contacting the division to determine the certification status of
3825 the individual.
3826 (4)(a) A fire service provider must notify the division
3827 electronically, as directed by rule by the division, within 10
3828 days after:
3829 1. The hiring of a firefighter.
3830 2. The retention of a volunteer firefighter.
3831 3. The cessation of employment of a firefighter.
3832 4. A decision not to retain a volunteer firefighter.
3833 (b) Notification under paragraph (a) must include:
3834 1. The individual’s name.
3835 2. The date on which he or she was hired or retained.
3836 3. The last date of employment or retention before leaving
3837 the fire service provider.
3838 4. Any other information deemed necessary by the division
3839 to determine compliance with ss. 633.414 and 633.426.
3840 (5) If the fire service provider makes a determination that
3841 an individual has not met the requirements set forth in s.
3842 633.414(1), the fire service provider must notify the division
3843 in writing within 10 days after making that determination.
3844 (6) The division may conduct site visits to fire
3845 departments to monitor compliance with this section.
3846 (7) For purposes of this section, the term “employ” means
3847 to pay an individual a salary, wage, or other compensation for
3848 the performance of work. The term does not include the payment
3849 of expenses, reasonable benefits, a nominal fee, or a
3850 combination thereof to a volunteer for a public or private fire
3851 service provider who is only paid in a manner that would be
3852 authorized for a volunteer under the federal Fair Labor
3853 Standards Act of 1938, as amended, 29 U.S.C. ss. 201 et seq.,
3854 and its implementing rules.
3855 (8) Firefighters employed on July 5, 1969, are not required
3856 to meet the provisions of ss. 633.408 and 633.412 633.34 and
3857 633.35 as a condition of tenure or continued employment, and;
3858 nor shall their failure to fulfill such requirements does not
3859 make them ineligible for any promotional examination for which
3860 they are otherwise eligible or affect in any way any pension
3861 rights to which they may be entitled on July 5, 1969.
3862 Section 63. Section 633.38, Florida Statutes, is
3863 transferred, renumbered as section 633.418, Florida Statutes,
3864 and amended to read:
3865 633.418 633.38 Inservice training and promotion;
3866 participation.—
3867 (1)(a) The division shall by rule rules and regulations
3868 prescribe curricula and standards for advanced and specialized
3869 training courses and education training in addition to those
3870 prescribed in ss. 633.408 and 633.412 633.34 and 633.35.
3871 (b) The standards provided by this section do shall not
3872 bind any fire service provider employing agency as to the
3873 requirements it may have for promoting personnel.
3874 (2) A fire service provider departments or any fire service
3875 participating under the provisions of this section shall adhere
3876 to the standards and procedures established by the division.
3877 Section 64. Section 633.382, Florida Statutes, is
3878 transferred, renumbered as section 633.422, Florida Statutes,
3879 and amended to read:
3880 633.422 633.382 Firefighters; supplemental compensation.—
3881 (1) DEFINITIONS.—As used in this section, the term:
3882 (a) “Employing agency” means any municipality or any
3883 county, the state, or any political subdivision of the state,
3884 including authorities and special districts employing
3885 firefighters.
3886 (b) “Firefighter” means any person who meets the definition
3887 of the term “firefighter” in s. 633.30(1) who is certified in
3888 compliance with s. 633.35 and who is employed solely within the
3889 fire department of the employing agency or is employed by the
3890 division.
3891 (1)(2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.—The
3892 Legislature recognizes the need for supplemental compensation
3893 for firefighters who pursue higher educational opportunities
3894 that directly relate to the improvement of the health, safety,
3895 and welfare of firefighters and those who firefighters protect.
3896 The State Fire Marshal shall determine, and adopt by rule, the
3897 course work or degrees that represent the best practices toward
3898 this goal in the field of firefighting.
3899 (a) In addition to the compensation now paid by a fire
3900 service provider an employing agency to any firefighter, every
3901 firefighter shall be paid supplemental compensation by the fire
3902 service provider employing agency when such firefighter is a
3903 full-time employee, as determined by the employing fire service
3904 provider, and has complied with one of the following criteria:
3905 1. A Any firefighter who receives an associate degree from
3906 an accredited a college, which degree is directly applicable to
3907 fire department duties, as outlined in policy guidelines adopted
3908 by rule by of the division, shall be additionally compensated as
3909 outlined in paragraph (2)(a) (3)(a).
3910 2. A Any firefighter, regardless of whether or not she or
3911 he earned an associate degree earlier, who receives from an
3912 accredited college or university a bachelor’s degree, which
3913 bachelor’s degree is directly applicable to fire department
3914 duties, as outlined in policy guidelines adopted by rule by of
3915 the division, shall receive compensation as outlined in
3916 paragraph (2)(b) (3)(b).
3917 (b) If Whenever any question arises as to the eligibility
3918 of any firefighter to receive supplemental compensation as
3919 provided in this section, the question, together with all facts
3920 relating thereto, must shall be submitted to the division for
3921 determination, and the decision of the division with regard to
3922 determination of eligibility shall be final, subject to the
3923 provisions of chapter 120.
3924 (2)(3) SUPPLEMENTAL COMPENSATION.—Supplemental compensation
3925 shall be determined as follows:
3926 (a) Fifty dollars shall be paid monthly to each firefighter
3927 who qualifies under the provisions of subparagraph (1)(a)1
3928 (2)(a)1.
3929 (b) One hundred and ten dollars shall be paid monthly to
3930 each firefighter who qualifies under the provisions of
3931 subparagraph (1)(a)2 (2)(a)2.
3932 (3)(4) FUNDING.—
3933 (a) The fire service provider employing agency is
3934 responsible for the correct payment of firefighters pursuant to
3935 the provisions of this section. The division may review, in a
3936 postaudit capacity, any action taken by an agency in
3937 administering the educational incentive program. The fire
3938 service provider employing agency shall take appropriate action
3939 when a postaudit shows that an action taken by the fire service
3940 provider employing agency was in error.
3941 (b) Each fire service provider agency employing
3942 firefighters who are eligible for this compensation shall submit
3943 reports containing information relating to compensation paid as
3944 a result of this section to the division on March 31, June 30,
3945 September 30, and December 31 of each year.
3946 (c) There is appropriated from the Police and Firefighter’s
3947 Premium Tax Trust Fund to the Firefighters’ Supplemental
3948 Compensation Trust Fund, which is hereby created under the
3949 Department of Revenue, all moneys which have not been
3950 distributed to municipalities and special fire control districts
3951 in accordance with s. 175.121 as a result of the limitation
3952 contained in s. 175.122 on the disbursement of revenues
3953 collected pursuant to chapter 175 or as a result of any
3954 municipality or special fire control district not having
3955 qualified in any given year, or portion thereof, for
3956 participation in the distribution of the revenues collected
3957 pursuant to chapter 175. The total required annual distribution
3958 from the Firefighters’ Supplemental Compensation Trust Fund
3959 shall equal the amount necessary to pay supplemental
3960 compensation as provided in this section, provided that:
3961 1. Any deficit in the total required annual distribution
3962 shall be made up from accrued surplus funds existing in the
3963 Firefighters’ Supplemental Compensation Trust Fund on June 30,
3964 1990, for as long as such funds last. If the accrued surplus is
3965 insufficient to cure the deficit in any given year, the
3966 proration of the appropriation among the counties,
3967 municipalities, and special fire service taxing districts shall
3968 equal the ratio of compensation paid in the prior year to
3969 county, municipal, and special fire service taxing district
3970 firefighters pursuant to this section. This ratio shall be
3971 provided annually to the Department of Revenue by the division
3972 of State Fire Marshal. Surplus funds that have accrued or accrue
3973 on or after July 1, 1990, shall be redistributed to
3974 municipalities and special fire control districts as provided in
3975 subparagraph 2.
3976 2. By October 1 of each year, any funds that have accrued
3977 or accrue on or after July 1, 1990, and remain in the
3978 Firefighters’ Supplemental Compensation Trust Fund following the
3979 required annual distribution shall be redistributed by the
3980 Department of Revenue pro rata to those municipalities and
3981 special fire control districts identified by the Department of
3982 Management Services as being eligible for additional funds
3983 pursuant to s. 175.121(3)(b).
3984 (d) Salary incentive payments to firefighters shall
3985 commence in the first full calendar month following the initial
3986 date of certification of eligibility by the division of State
3987 Fire Marshal.
3988 (e) Special fire service taxing districts are authorized
3989 and empowered to spend expend the funds necessary to ensure
3990 correct payment to firefighters.
3991 (4)(5) LEGISLATIVE FINDINGS.—The payment of supplemental
3992 compensation and expenses of the administration provided by this
3993 section is found to serve a state, county, district, and
3994 municipal purpose and to provide benefit to the state and to its
3995 counties, municipalities, and districts.
3996 (5) APPLICABILITY.—For the purposes of this section, the
3997 division shall be considered a fire service provider responsible
3998 for the payment of supplemental compensation in accordance with
3999 this section to firefighters employed full-time by the division.
4000 Section 65. Section 633.353, Florida Statutes, is
4001 transferred, renumbered as section 633.424, Florida Statutes,
4002 and amended to read:
4003 633.424 633.353 Falsification of qualifications.—An
4004 individual Any person who willfully and knowingly falsifies her
4005 or his the qualifications of a new employee to the Bureau of
4006 Fire Standards and Training of the division commits is guilty of
4007 a misdemeanor of the second degree, punishable as provided in s.
4008 775.082 or s. 775.083.
4009 Section 66. Section 633.351, Florida Statutes, is
4010 transferred, renumbered as section 633.426, Florida Statutes,
4011 and amended to read:
4012 633.426 633.351 Disciplinary action; firefighters;
4013 standards for revocation of certification.—
4014 (1) For purposes of this section, the term:
4015 (a) “Certificate” means any of the certificates issued
4016 under s. 633.406.
4017 (b) “Certification” or “certified” means the act of holding
4018 a current and valid certificate.
4019 (c) “Convicted” means a finding of guilt, or the acceptance
4020 of a plea of guilty or nolo contendere, in any federal or state
4021 court or a court in any other country, without regard to whether
4022 a judgment of conviction has been entered by the court having
4023 jurisdiction of the case.
4024 (2) An individual is ineligible to apply for certification
4025 if the individual has, at any time, been:
4026 (a) Convicted of a misdemeanor relating to the
4027 certification or to perjury or false statements.
4028 (b) Convicted of a felony or a crime punishable by
4029 imprisonment of 1 year or more under the law of the United
4030 States or of any state thereof, or under the law of any other
4031 country.
4032 (c) Dishonorably discharged from any of the Armed Forces of
4033 the United States.
4034 (3)(a) The certification of an individual shall be
4035 permanently revoked if the individual is:
4036 1. Convicted of a misdemeanor relating to perjury or false
4037 statement.
4038 2. Convicted of a felony or a crime punishable by
4039 imprisonment of 1 year or more under the law of the United
4040 States or of any state thereof, or under the law of any other
4041 country.
4042 3. Dishonorably discharged from any of the Armed Forces of
4043 the United States.
4044 (b) For individuals who are certified before July 1, 2013:
4045 1. This subsection applies prospectively to convictions or
4046 dishonorable discharges entered on or after July 1, 2013.
4047 2. Section 633.351 as it existed before July 1, 2013,
4048 applies to convictions entered before July 1, 2013.
4049 (4) The certification of an individual a firefighter shall
4050 be revoked if evidence is found which demonstrates that the
4051 certification was improperly issued by the division or if
4052 evidence is found that the certification was issued on the basis
4053 of false, incorrect, incomplete, or misleading information, or
4054 that the individual has demonstrated a lack of moral fitness or
4055 trustworthiness to carry out the responsibilities under the
4056 individual’s certification.
4057 (5) After investigation, if the division has reason to
4058 believe that an individual who is certified may have been
4059 convicted of a felony or of a misdemeanor related to perjury or
4060 false statement in this state or any other state or
4061 jurisdiction, the division may require the individual to submit
4062 fingerprints to the division with a current processing fee. The
4063 fingerprints shall be forwarded by the division to the
4064 Department of Law Enforcement for state processing and shall be
4065 forwarded by the Department of Law Enforcement to the Federal
4066 Bureau of Investigation for national processing.
4067 (2) The certification of a firefighter who is convicted of
4068 a felony, or who is convicted of a misdemeanor relating to
4069 misleading or false statements, or who pleads nolo contendere to
4070 any charge of a felony shall be revoked until the firefighter
4071 complies with s. 112.011(2)(b). However, if sentence upon such
4072 felony or such misdemeanor charge is suspended or adjudication
4073 is withheld, the firefighter’s certification shall be revoked
4074 until she or he completes any probation.
4075 Section 67. Section 633.43, Florida Statutes, is
4076 transferred, renumbered as section 633.428, Florida Statutes,
4077 and amended to read:
4078 633.428 633.43 Florida State Fire College established.
4079 There is hereby established a state institution to be known as
4080 the Florida State Fire College, to be located at or near Ocala,
4081 Marion County. The institution shall be operated by the division
4082 of State Fire Marshal of the department.
4083 Section 68. Section 633.44, Florida Statutes, is
4084 transferred, renumbered as section 633.432, Florida Statutes,
4085 and amended to read:
4086 633.432 633.44 Purpose of fire college.—The purposes of
4087 this part ss. 633.43-633.49 and of the Florida State Fire
4088 College are shall be:
4089 (1) To provide professional and volunteer firefighters with
4090 needful professional instruction and training in subjects,
4091 including, but not limited to, firefighting, fire prevention,
4092 hazardous materials, urban search and rescue, and emergency
4093 operations, at a minimum of cost to them and to their employers.
4094 (2) To ensure the professionalism and competence of those
4095 performing firefighting, fire prevention, and associated fire
4096 protection functions by administering a system of certification
4097 and licensing.
4098 (3)(2) To develop new methods and practices of firefighting
4099 and fire prevention.
4100 (4)(3) To assist the state and county, municipal, and other
4101 local governments of this state and their agencies and officers
4102 in their investigation and determination of the causes of fires.
4103 (5)(4) To provide testing facilities for testing
4104 firefighting equipment.
4105 (6)(5) To disseminate useful information on fires,
4106 firefighting and fire prevention and other related subjects, to
4107 fire departments and others interested in such information.
4108 (7)(6) To do such other needful or useful things necessary
4109 to the promotion of public safety in the field of fire hazards
4110 and fire prevention work.
4111
4112 It is hereby declared by the Legislature that the above purposes
4113 are legitimate state functions and are designed to promote
4114 public safety.
4115 Section 69. Section 633.48, Florida Statutes, is
4116 transferred, renumbered as section 633.434, Florida Statutes,
4117 and amended to read:
4118 633.434 633.48 Superintendent of college.—The division may
4119 employ a superintendent for the Florida State Fire College, who
4120 must shall be especially trained and qualified in firefighting,
4121 fire prevention and fire experimental work, and may employ on
4122 the recommendations of the said superintendent such other
4123 instructors, experimental helpers and laborers as may be
4124 necessary to the proper conduct of the said institution; and may
4125 proceed with the erection and detailed operation of the said
4126 institution under ss. 633.428-633.444 633.43-633.49.
4127 Section 70. Section 633.461, Florida Statutes, is
4128 transferred, renumbered as section 633.436, Florida Statutes,
4129 and amended to read:
4130 633.436 633.461 Use of Insurance Regulatory Trust Fund.—The
4131 funds received from the Insurance Regulatory Trust Fund shall be
4132 used by the staff of the Florida State Fire College to provide
4133 all necessary services, training, equipment, and supplies to
4134 carry out the college’s responsibilities, including, but not
4135 limited to, the State Fire Marshal Scholarship Grant Program and
4136 the procurement of training resources and films, videotapes,
4137 audiovisual equipment, and other useful information on fire,
4138 firefighting, and fire prevention, including public fire service
4139 information packages.
4140 Section 71. Section 633.47, Florida Statutes, is
4141 transferred and renumbered as section 633.438, Florida Statutes.
4142 Section 72. Section 633.49, Florida Statutes, is
4143 transferred, renumbered as section 633.442, Florida Statutes,
4144 and amended to read:
4145 633.442 633.49 Buildings, equipment, and other facilities;
4146 use.—The division shall have the power to prescribe and shall
4147 make the necessary rules and regulations for the use of
4148 buildings, equipment, and other facilities of the Florida State
4149 Fire College when they are not in use for the purposes set forth
4150 in this part ss. 633.43-633.49.
4151 Section 73. Section 633.50, Florida Statutes, is
4152 transferred, renumbered as section 633.444, Florida Statutes,
4153 and amended to read:
4154 633.444 633.50 Division powers and duties; Florida State
4155 Fire College.—
4156 (1) The division, in performing its duties related to the
4157 Florida State Fire College, specified in this part ss. 633.43
4158 633.49, shall:
4159 (a) Enter into agreements with public or private school
4160 districts, community colleges, junior colleges, or state
4161 universities to carry out its duties and responsibilities.
4162 (b) Review and approve budget requests for the fire college
4163 educational program.
4164 (c) Prepare the legislative budget request for the Florida
4165 State Fire College education program. The superintendent is
4166 responsible for all expenditures pursuant to appropriations.
4167 (d) Implement procedures to obtain appropriate entitlement
4168 funds from federal and state grants to supplement the annual
4169 legislative appropriation. Such funds must be used expressly for
4170 the fire college educational programs.
4171 (e) Develop a staffing and funding formula for the Florida
4172 State Fire College. The formula must shall include differential
4173 funding levels for various types of programs, must shall be
4174 based on the number of full-time equivalent students and
4175 information obtained from scheduled attendance counts taken the
4176 first day of each program, and must shall provide the basis for
4177 the legislative budget request. As used in this section, a full
4178 time equivalent student is equal to a minimum of 900 hours in a
4179 technical certificate program and 400 hours in a degree-seeking
4180 program. The funding formula must shall be as prescribed
4181 pursuant to s. 1011.62, must shall include procedures to
4182 document daily attendance, and must shall require that
4183 attendance records be retained for audit purposes.
4184 (f) Approve and register in an electronic database an
4185 education or training provider, designated by the division,
4186 before the education or training provider may offer any course
4187 to fulfill any education or training requirement under this
4188 chapter. The division shall establish criteria, by rule, for the
4189 approval of such education or training providers, including
4190 courses taught. Only approved and registered education or
4191 training providers are eligible to provide instruction or
4192 training that will be recognized by the division as fulfilling
4193 any education or training requirement under this chapter.
4194 (g) Recognize only courses offered by approved and
4195 registered training or education providers as fulfilling the
4196 education or training requirements under this chapter.
4197 (2) Funds generated by the formula per full-time equivalent
4198 student may not exceed the level of state funding per full-time
4199 equivalent student generated through the Florida Education
4200 Finance Program or the State Community College Program Fund for
4201 students enrolled in comparable education programs provided by
4202 public school districts and community colleges. Funds
4203 appropriated for education and operational costs shall be
4204 deposited in the Insurance Regulatory Trust Fund to be used
4205 solely for purposes specified in s. 633.436 633.461 and may not
4206 be transferred to any other budget entity for purposes other
4207 than education.
4208 Section 74. Section 633.46, Florida Statues, is transferred
4209 and renumbered as section 633.446, Florida Statutes.
4210 Section 75. The Division of Law Revision and Information is
4211 directed to create part V of chapter 633, Florida Statutes,
4212 consisting of sections 633.502, 633.504, 633.506, 633.508,
4213 633.512, 633.516, 633.518, 633.520, 633.522, 633.526, 633.528,
4214 633.532, 633.534, and 633.536, Florida Statutes, to be entitled
4215 “Florida Firefighters Occupational Safety and Health Act.”
4216 Section 76. Section 633.801, Florida Statutes, is
4217 transferred, renumbered as section 633.502, Florida Statutes,
4218 and amended to read:
4219 633.502 633.801 Short title.—Sections 633.502-633.536,
4220 633.801-633.821 may be cited as the “Florida Firefighters
4221 Occupational Safety and Health Act.”
4222 Section 77. Section 633.802, Florida Statutes, is
4223 transferred and renumbered as section 633.504, Florida Statutes,
4224 and subsections (1), (2), and (4) of that section are amended,
4225 to read:
4226 633.504 633.802 Definitions.—As used in this part, the term
4227 Unless the context clearly requires otherwise, the following
4228 definitions shall apply to ss. 633.801-633.821:
4229 (1) “Firefighter employee” means a firefighter, volunteer
4230 firefighter, or individual providing support services who is any
4231 person engaged in any employment, public or private, as a
4232 firefighter under any appointment or contract of hire or
4233 apprenticeship, express or implied, oral or written, whether
4234 lawfully or unlawfully employed, responding to or assisting with
4235 fire or medical emergencies, regardless of whether or not the
4236 firefighter is on duty, except those appointed under s.
4237 590.02(1)(d).
4238 (2) “Firefighter employer” means the state and all
4239 political subdivisions of this state, all public and quasi
4240 public corporations in this state, and a every person carrying
4241 on any employment for this state, political subdivisions of this
4242 state, and public and quasi-public corporations in this state
4243 which employs firefighter employees firefighters, except those
4244 appointed under s. 590.02(1)(d).
4245 (4) “Firefighter place of employment” or “place of
4246 employment” means the physical location at which the firefighter
4247 employee is employed or deployed.
4248 Section 78. Section 633.803, Florida Statutes, is
4249 transferred, renumbered as section 633.506, Florida Statutes,
4250 and amended to read:
4251 633.506 633.803 Legislative intent.—It is the intent of the
4252 Legislature to enhance firefighter occupational safety and
4253 health in the state through the implementation and maintenance
4254 of policies, procedures, practices, rules, and standards that
4255 reduce the incidence of firefighter employee accidents,
4256 firefighter employee occupational diseases, and firefighter
4257 employee fatalities compensable under chapter 440 or otherwise.
4258 The Legislature further intends that the division develop a
4259 means by which the division can identify individual firefighter
4260 employers with a high frequency or severity of work-related
4261 injuries, conduct safety inspections of those firefighter
4262 employers, and assist those firefighter employers in the
4263 development and implementation of firefighter employee safety
4264 and health programs. In addition, it is the intent of the
4265 Legislature that the division administer and enforce this part
4266 the provisions of ss. 633.801-633.821; provide assistance to
4267 firefighter employers, firefighter employees, and insurers; and
4268 enforce the policies, rules, and standards set forth in this
4269 part ss. 633.801-633.821.
4270 Section 79. Section 633.821, Florida Statutes, is
4271 transferred and renumbered as section 633.508, Florida Statutes,
4272 subsections (2), (3), (5), and (6) of that section are amended,
4273 and subsection (7) is added to that section, to read:
4274 633.508 633.821 Workplace safety; rulemaking authority;
4275 division authority.—
4276 (2) The division shall have the authority to adopt rules
4277 for the purpose of ensuring safe working conditions for all
4278 firefighter employees by authorizing the enforcement of
4279 effective standards, by assisting and encouraging firefighter
4280 employers to maintain safe working conditions, and by providing
4281 for education and training in the field of safety. Specifically,
4282 the division may by rule adopt the most current edition of all
4283 or any part of subparts C through T and subpart Z of 29 C.F.R.
4284 s. 1910, as revised April 8, 1998; the National Fire Protection
4285 Association, Inc., Standard 1500, paragraph 5-7 (Personal Alert
4286 Safety System) (1992 edition); the National Fire Protection
4287 Association, Inc., Publication 1403, Standard on Live Fire
4288 Training Evolutions (latest edition), as limited by subsection
4289 (6); and ANSI A 10.4-1990.
4290 (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
4291 individuals located outside the immediately dangerous to life
4292 and health atmosphere may be assigned to an additional role,
4293 such as incident commander, pumper operator, engineer, or
4294 driver, so long as such individual can is able to immediately
4295 perform assistance or rescue activities without jeopardizing the
4296 safety or health of any firefighter employee working at an
4297 incident. Also with respect to 29 C.F.R. s. 1910.134(g)(4):
4298 (a) Each county, municipality, and special district shall
4299 implement such provision by April 1, 2002, except as provided in
4300 paragraphs (b) and (c).
4301 (b) If any county, municipality, or special district is
4302 unable to implement such provision by April 1, 2002, without
4303 adding additional personnel to its firefighting staff or
4304 expending significant additional funds, such county,
4305 municipality, or special district shall have an additional 6
4306 months within which to implement such provision. Such county,
4307 municipality, or special district shall notify the division that
4308 the 6-month extension to implement such provision is in effect
4309 in such county, municipality, or special district within 30 days
4310 after its decision to extend the time for the additional 6
4311 months. The decision to extend the time for implementation shall
4312 be made prior to April 1, 2002.
4313 (c) If, after the extension granted in paragraph (b), the
4314 county, municipality, or special district, after having worked
4315 with and cooperated fully with the division and the Firefighters
4316 Employment, Standards, and Training Council, is still unable to
4317 implement such provisions without adding additional personnel to
4318 its firefighting staff or expending significant additional
4319 funds, such municipality, county, or special district shall be
4320 exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
4321 However, each year thereafter the division shall review each
4322 such county, municipality, or special district to determine if
4323 such county, municipality, or special district has the ability
4324 to implement such provision without adding additional personnel
4325 to its firefighting staff or expending significant additional
4326 funds. If the division determines that any county, municipality,
4327 or special district has the ability to implement such provision
4328 without adding additional personnel to its firefighting staff or
4329 expending significant additional funds, the division shall
4330 require such county, municipality, or special district to
4331 implement such provision. Such requirement by the division under
4332 this paragraph constitutes final agency action subject to
4333 chapter 120.
4334 (5) The division may adopt any rule necessary to implement,
4335 interpret, and make specific the provisions of this section,
4336 provided the division may not adopt by rule any other standard
4337 or standards of the Occupational Safety and Health
4338 Administration or the National Fire Protection Association
4339 relating solely to this part ss. 633.801-633.821 and firefighter
4340 employment safety without specific legislative authority.
4341 (6)(a) The division shall adopt rules for live fire
4342 training that all firefighter employees firefighters subject to
4343 this chapter must complete. The division shall also adopt rules
4344 for a training and certification process for live fire training
4345 instructors.
4346 (b) Such rules for training must shall include:
4347 1. Sections of the most current edition of the National
4348 Fire Protection Association, Inc., Publication 1402, Guide to
4349 Building Fire Service Training Centers, relating to establishing
4350 policies and procedures for effective use of such permanent
4351 facilities or structures.
4352 2. Sections of the most current edition of the National
4353 Fire Protection Association, Inc., Publication 1403, Standard on
4354 Live Fire Training Evolutions, excluding, however:
4355 a. Any chapter entitled “Referenced Publications.”
4356 b. References to the National Fire Protection Association,
4357 Inc., Publication 1975, Station Uniform.
4358 c. Provisions of the National Fire Protection Association,
4359 Inc., Publication 1001, not adopted under rule 69A-37 or any
4360 references to such publication in the National Fire Protection
4361 Association, Inc., Publication 1975.
4362 d. Any reference to an authority having jurisdiction in the
4363 National Fire Protection Association, Inc., Publication 1403,
4364 defined as the organization, office, or individual responsible
4365 for approving equipment, materials, installations, and
4366 procedures.
4367 3. A 40-hour training program for live fire training
4368 instructors, including:
4369 a. Live fire instructional techniques.
4370 b. Training safety in acquired or permanent facilities or
4371 props.
4372 c. Personnel safety.
4373 d. Exterior props, including, but not limited to, liquid
4374 petroleum gas, other liquid fuels, and similar props.
4375 (c) The rules, excluding those pertaining to live fire
4376 training instructor certification, shall take effect no later
4377 than January 1, 2006.
4378 (c)(d) Each live fire training instructor is required to be
4379 a state certified fire safety instructor. All live fire training
4380 commenced on and after January 1, 2007, must be conducted by a
4381 certified live fire training instructor.
4382 (d)(e) This subsection does not apply to wildland or
4383 prescribed live fire training exercises sanctioned by the
4384 Florida Forest Service of the Department of Agriculture and
4385 Consumer Services or the National Wildfire Coordinating Group.
4386 (7) The division shall:
4387 (a) Investigate and prescribe by rule what safety devices,
4388 safeguards, or other means of protection must be adopted for the
4389 prevention of accidents and injuries in every firefighter
4390 employee place of employment or at any fire scene; determine
4391 what suitable devices, safeguards, or other means of protection
4392 for the prevention of occupational diseases must be adopted or
4393 followed in any or all such firefighter places of employment or
4394 at any emergency fire scene; and adopt reasonable rules for the
4395 prevention of accidents, the safety, protection, and security of
4396 firefighter employees engaged in interior firefighting, and the
4397 prevention of occupational diseases.
4398 (b) Ascertain, fix, and order such reasonable standards and
4399 rules for the construction, repair, and maintenance of
4400 firefighter employee places of employment so as to render them
4401 safe. Such rules and standards shall be adopted in accordance
4402 with chapter 120.
4403 (c) Adopt rules prescribing recordkeeping responsibilities
4404 for firefighter employers, which may include maintaining a log
4405 and summary of occupational injuries, diseases, and illnesses,
4406 for producing on request a notice of injury and firefighter
4407 employee accident investigation records, and prescribing a
4408 retention schedule for such records.
4409 Section 80. Section 633.817, Florida Statutes, is
4410 transferred, renumbered as section 633.512, Florida Statutes,
4411 and amended to read:
4412 633.512 633.817 Compliance.—Failure of a firefighter
4413 employer or an insurer to comply with this part ss. 633.801
4414 633.821, or with any rules adopted under this part ss. 633.801
4415 633.821, constitutes grounds for the division to seek remedies,
4416 including injunctive relief, by making appropriate filings with
4417 the circuit court.
4418 Section 81. Section 633.805, Florida Statutes, is
4419 transferred and renumbered as section 633.516, Florida Statutes.
4420 Section 82. Section 633.806, Florida Statutes, is
4421 transferred, renumbered as section 633.518, Florida Statutes,
4422 and amended to read:
4423 633.518 633.806 Studies, investigations, inspections, or
4424 inquiries by the division; refusal to admit; penalty.—
4425 (1) The division shall make studies, and investigations,
4426 inspections, or inquiries with respect to compliance with this
4427 part or any rules authorized under this part safety provisions
4428 and the causes of firefighter employee injuries, illnesses,
4429 safety-based complaints, or Line of Duty Deaths (LODD) as
4430 defined in rule in firefighter employee places of employment and
4431 shall make such recommendations to the Legislature and
4432 firefighter employers and insurers as the division considers
4433 proper as to prevent or reduce future occurrences the best means
4434 of preventing firefighter injuries. In making such studies, and
4435 investigations, inspections, or inquiries, the division may
4436 cooperate with any agency of the United States charged with the
4437 duty of enforcing any law securing safety against injury in any
4438 place of firefighter employment covered by this part ss.
4439 633.801-633.821 or any agency or department of the state engaged
4440 in enforcing any law to ensure safety for firefighter employees.
4441 (2) The division by rule may adopt procedures for
4442 conducting investigations, inspections, or inquiries of
4443 firefighter employers under this part ss. 633.801-633.821.
4444 (3) The division and authorized representatives of the
4445 division may enter and inspect any firefighter employee’s place
4446 of employment at any reasonable time for the purpose of
4447 investigating compliance with this part and conducting
4448 inspections for the proper enforcement of this part. A
4449 firefighter employer who refuses to admit any member of the
4450 division or authorized representative of the division to any
4451 place of employment or to allow investigation and inspection
4452 pursuant to this section commits a misdemeanor of the second
4453 degree, punishable as provided in s. 775.082 or s. 775.083.
4454 Section 83. Section 633.807, Florida Statutes, is
4455 transferred, renumbered as section 633.520, Florida Statutes,
4456 and amended to read:
4457 633.520 633.807 Safety; firefighter employer
4458 responsibilities.—Every firefighter employer shall furnish and
4459 use safety devices and safeguards, adopt and use methods and
4460 processes reasonably adequate to render such an employment and
4461 place of employment safe, and do every other thing reasonably
4462 necessary to protect the lives, health, and safety of such
4463 firefighter employees. As used in this section, the terms “safe”
4464 and “safety,” as applied to any employment or place of
4465 firefighter employment, mean such freedom from danger as is
4466 reasonably necessary for the protection of the lives, health,
4467 and safety of firefighter employees, including conditions and
4468 methods of sanitation and hygiene. Safety devices and safeguards
4469 required to be furnished by the firefighter employer by this
4470 section or by the division under authority of this section do
4471 shall not include personal apparel and protective devices that
4472 replace personal apparel normally worn by firefighter employees
4473 during regular working hours.
4474 Section 84. Section 633.809, Florida Statutes, is
4475 transferred, renumbered as section 633.522, Florida Statutes,
4476 and amended to read:
4477 633.522 633.809 Firefighter employers; whose firefighter
4478 employees have a high frequency of work-related injuries;
4479 corrective plans; workplace safety committees and coordinators;
4480 failure to implement a safety and health program; cancellation.—
4481 (1) The division shall develop a means to by which the
4482 division may identify individual firefighter employers with
4483 whose firefighter employees have a high frequency or severity of
4484 firefighter employee work-related injuries. The division shall
4485 carry out safety inspections of the facilities and operations of
4486 those firefighter employers in order to assist them in reducing
4487 the frequency and severity of work-related injuries. The
4488 division shall develop safety and health programs for those
4489 firefighter employers. Insurers shall distribute such safety and
4490 health programs to the firefighter employers so identified by
4491 the division. Those firefighter employers identified by the
4492 division as having a high frequency or severity of work-related
4493 injuries shall implement a safety and health program developed
4494 by the division. The division shall conduct carry out safety
4495 inspections of those firefighter employers so identified to
4496 ensure compliance with this part or the division’s rules and
4497 make recommendations based upon current the safety and health
4498 practices program and to assist such firefighter employers in
4499 reducing the number of work-related injuries. The division may
4500 not assess penalties as a result of such inspections, except as
4501 provided by s. 633.813. Copies of any report made as the result
4502 of such an inspection shall be provided to the firefighter
4503 employer and its insurer. Firefighter employers shall may submit
4504 a plan for the correction of any noncompliance issues their own
4505 safety and health programs to the division for approval in
4506 accordance with division rule lieu of using the safety and
4507 health program developed by the division. The division shall
4508 promptly review the plan program submitted and approve or
4509 disapprove the plan program within 60 days or such plan program
4510 shall be deemed approved. Upon approval by the division, the
4511 plan program shall be implemented by the firefighter employer.
4512 If the plan program is not submitted, does not provide
4513 corrective actions for all deficiencies, is not complete, or is
4514 not implemented, the fire service provider shall be subject to
4515 s. 633.526 approved or if a program is not submitted, the
4516 firefighter employer shall implement the program developed by
4517 the division. The division shall adopt rules setting forth the
4518 criteria for safety and health programs, as such rules relate to
4519 this section.
4520 (2) In order to promote health and safety in firefighter
4521 employee places of employment in this state:
4522 (a) Each firefighter employer of 20 or more firefighter
4523 employees shall establish and administer a workplace safety
4524 committee in accordance with rules adopted under this section.
4525 (b) Each firefighter employer of fewer than 20 firefighter
4526 employees with a high frequency or high severity of work-related
4527 injuries, as identified by the division, shall establish and
4528 administer a workplace safety committee or designate a workplace
4529 safety coordinator who shall establish and administer workplace
4530 safety activities in accordance with rules adopted under this
4531 section.
4532 (3) The division shall adopt rules:
4533 (a) Prescribing the membership of the workplace safety
4534 committees so as to ensure an equal number of firefighter
4535 employee representatives who are volunteers or are elected by
4536 their peers and firefighter employer representatives, and
4537 specifying the frequency of meetings.
4538 (b) Requiring firefighter employers to make adequate
4539 records of each meeting and to file and to maintain the records
4540 subject to inspection by the division.
4541 (c) Prescribing the duties and functions of the workplace
4542 safety committee and workplace safety coordinator which include,
4543 but are not limited to:
4544 1. Establishing procedures for workplace safety inspections
4545 by the committee.
4546 2. Establishing procedures for investigating all workplace
4547 accidents, safety-related incidents, illnesses, and deaths.
4548 3. Evaluating accident prevention and illness prevention
4549 programs.
4550 4. Prescribing guidelines for the training of safety
4551 committee members.
4552 (4) The composition, selection, and function of workplace
4553 safety committees shall be a mandatory topic of negotiations
4554 with any certified collective bargaining agent for firefighter
4555 employers that operate under a collective bargaining agreement.
4556 Firefighter employers that operate under a collective bargaining
4557 agreement that contains provisions governing the formation and
4558 operation of workplace safety committees that meet or exceed the
4559 minimum requirements contained in this section, or firefighter
4560 employers who otherwise have existing workplace safety
4561 committees that meet or exceed the minimum requirements
4562 established by this section, are in compliance with this
4563 section.
4564 (5) Firefighter employees shall be compensated their
4565 regular hourly wage while engaged in workplace safety committee
4566 or workplace safety coordinator training, meetings, or other
4567 duties prescribed under this section.
4568 (6) If a firefighter employer fails to implement a
4569 corrective plan, the insurer or self-insurer’s fund that is
4570 providing coverage for the firefighter employer may cancel the
4571 contract for insurance with the firefighter employer. In the
4572 alternative, the insurer or fund may terminate any discount or
4573 deviation granted to the firefighter employer for the remainder
4574 of the term of the policy. If the contract is canceled or the
4575 discount or deviation is terminated, the insurer must make such
4576 reports as are required by law.
4577 Section 85. Section 633.811, Florida Statutes, is
4578 transferred, renumbered as section 633.526, Florida Statutes,
4579 and amended to read:
4580 633.526 633.811 Firefighter employer penalties.—If any
4581 firefighter employer violates or fails or refuses to comply with
4582 this part ss. 633.801-633.821, or with any rule adopted by the
4583 division under such sections in accordance with chapter 120 for
4584 the prevention of injuries, accidents, or occupational diseases
4585 or with any lawful order of the division in connection with this
4586 part ss. 633.801-633.821, or fails or refuses to furnish or
4587 adopt any safety device, safeguard, or other means of protection
4588 prescribed by division rule under this part ss. 633.801-633.821
4589 for the prevention of accidents or occupational diseases, the
4590 division may:
4591 (1) Issue an administrative cease and desist order,
4592 enforceable in the circuit court in the jurisdiction where the
4593 violation is occurring or has occurred.
4594 (2) Assess an administrative fine against a firefighter
4595 employer of not less than $100 or more than $1,000 for each
4596 violation and each day a violation is committed.
4597 (3) Assess against the firefighter employer a civil penalty
4598 of not less than $100 nor more than $5,000 for each day the
4599 violation, omission, failure, or refusal continues after the
4600 firefighter employer has been given written notice of such
4601 violation, omission, failure, or refusal. The total penalty for
4602 each violation shall not exceed $50,000. The division shall
4603 adopt rules requiring penalties commensurate with the frequency
4604 or severity of safety violations. Hearings requested under this
4605 section shall be conducted in Tallahassee A hearing shall be
4606 held in the county in which the violation, omission, failure, or
4607 refusal is alleged to have occurred, unless otherwise agreed to
4608 by the firefighter employer and authorized by the division. All
4609 penalties assessed and collected under this section shall be
4610 deposited in the Insurance Regulatory Trust Fund.
4611 Section 86. Section 633.812, Florida Statutes, is
4612 transferred and renumbered as section 633.528, Florida Statutes,
4613 and subsections (2) and (3) of that section are amended, to
4614 read:
4615 633.528 633.812 Division cooperation with Federal
4616 Government; exemption from requirements for private firefighter
4617 employers.—
4618 (2) Except as provided in this section, A private
4619 firefighter employer is not subject to the requirements set
4620 forth in part IV and this part of the division if the private
4621 firefighter employer meets the requirements of this part and:
4622 (a) The private firefighter employer is subject to the
4623 federal regulations in 29 C.F.R. ss. 1910 and 1926.
4624 (b) The private firefighter employer has adopted and
4625 implemented a written safety program that conforms to the
4626 requirements of 29 C.F.R. ss. 1910 and 1926.
4627 (c) A private firefighter employer with 20 or more full
4628 time firefighter employees shall include provisions for a safety
4629 committee in the safety program. The safety committee shall
4630 include firefighter employee representation and shall meet at
4631 least once each calendar quarter. The private firefighter
4632 employer shall make adequate records of each meeting and
4633 maintain the records subject to inspections under subsection
4634 (3). The safety committee shall, if appropriate, make
4635 recommendations regarding improvements to the safety program and
4636 corrections of hazards affecting workplace safety.
4637 (c)(d) The private firefighter employer provides the
4638 division with a written statement that certifies compliance with
4639 this subsection.
4640 (3) The division may enter at any reasonable time any place
4641 of private firefighter employment for the purpose of verifying
4642 the accuracy of the written certification. If the division
4643 determines that the private firefighter employer has not
4644 complied with the requirements of subsection (2), the private
4645 firefighter employer shall be subject to the rules of the
4646 division until the private firefighter employer complies with
4647 subsection (2), which must be verified by a reinspection by and
4648 recertifies that fact to the division.
4649 Section 87. Section 633.816, Florida Statutes, is
4650 transferred, renumbered as section 633.532, Florida Statutes,
4651 and amended to read:
4652 633.532 633.816 Firefighter employee rights and
4653 responsibilities.—
4654 (1) Each firefighter employee of a firefighter employer
4655 covered under this part ss. 633.801-633.821 shall comply with
4656 rules adopted by the division and with reasonable workplace
4657 safety and health standards, rules, policies, procedures, and
4658 work practices established by the firefighter employer and the
4659 workplace safety committee. A firefighter employee who knowingly
4660 fails to comply with this subsection may be disciplined or
4661 discharged by the firefighter employer.
4662 (2) A firefighter employer may not discharge, threaten to
4663 discharge, cause to be discharged, intimidate, coerce, otherwise
4664 discipline, or in any manner discriminate against a firefighter
4665 employee for any of the following reasons:
4666 (a) The firefighter employee has testified or is about to
4667 testify, on her or his own behalf or on behalf of others, in any
4668 proceeding instituted under this part ss. 633.801-633.821;
4669 (b) The firefighter employee has exercised any other right
4670 given afforded under this part ss. 633.801-633.821; or
4671 (c) The firefighter employee is engaged in activities
4672 relating to the workplace safety committee.
4673 (3) No Pay, a position, seniority, or any other benefit may
4674 not be lost for exercising any right under, or for seeking
4675 compliance with any requirement of, this part ss. 633.801
4676 633.821.
4677 Section 88. Section 633.818, Florida Statutes, is
4678 transferred, renumbered as section 633.534, Florida Statutes,
4679 and amended to read:
4680 633.534 633.818 False, fictitious, or fraudulent acts,
4681 statements, and representations prohibited; penalty; statute of
4682 limitations to insurers.—
4683 (1) A firefighter employer who knowingly and willfully
4684 falsifies or conceals a material fact, who makes a false,
4685 fictitious, or fraudulent statement or representation, or who
4686 makes or uses any false document knowing the document to contain
4687 any false, fictitious, or fraudulent entry or statement to an
4688 insurer of workers’ compensation insurance under this part ss.
4689 633.801-633.821 commits a misdemeanor of the second degree,
4690 punishable as provided in s. 775.082 or s. 775.083.
4691 (2) A person may not, in any matter within the jurisdiction
4692 of the division, knowingly and willfully falsify or conceal a
4693 material fact; make any false, fictitious, or fraudulent
4694 statement or representation; or make or use any false document,
4695 knowing the same to contain any false, fictitious, or fraudulent
4696 statement or entry. A person who violates this section commits a
4697 misdemeanor of the second degree, punishable as provided in s.
4698 775.082 or s. 775.083. The statute of limitations for
4699 prosecution of an act committed in violation of this section is
4700 5 years after the date the act was committed or, if not
4701 discovered within 30 days after the act was committed, 5 years
4702 after the date the act was discovered.
4703 Section 89. Section 633.814, Florida Statutes, is
4704 transferred, renumbered as section 633.536, Florida Statutes,
4705 and amended to read:
4706 633.536 633.814 Expenses of administration.—The amounts
4707 that are needed to administer this part ss. 633.801-633.821
4708 shall be disbursed from the Insurance Regulatory Trust Fund.
4709 Section 90. Paragraph (b) of subsection (2) of section
4710 112.011, Florida Statutes, is amended to read:
4711 112.011 Disqualification from licensing and public
4712 employment based on criminal conviction.—
4713 (2)
4714 (b) This section does not apply to the employment practices
4715 of any fire department relating to the hiring of firefighters.
4716 An applicant for employment with any fire department who has a
4717 prior felony conviction shall be excluded from employment for a
4718 period of 4 years after expiration of sentence or final release
4719 by the Parole Commission unless the applicant, before the
4720 expiration of the 4-year period, has received a full pardon or
4721 has had his or her civil rights restored.
4722 Section 91. Paragraph (i) of subsection (2) of section
4723 112.191, Florida Statutes, is amended, and paragraphs (a), (b),
4724 and (c) of subsection (2) of that section are reenacted, to
4725 read:
4726 112.191 Firefighters; death benefits.—
4727 (2)(a) The sum of $50,000, as adjusted pursuant to
4728 paragraph (i), shall be paid as provided in this section when a
4729 firefighter, while engaged in the performance of his or her
4730 firefighter duties, is accidentally killed or receives
4731 accidental bodily injury which subsequently results in the loss
4732 of the firefighter’s life, provided that such killing is not the
4733 result of suicide and that such bodily injury is not
4734 intentionally self-inflicted. Notwithstanding any other
4735 provision of law, in no case shall the amount payable under this
4736 subsection be less than the actual amount stated therein.
4737 (b) The sum of $50,000, as adjusted pursuant to paragraph
4738 (i), shall be paid as provided in this section if a firefighter
4739 is accidentally killed as specified in paragraph (a) and the
4740 accidental death occurs as a result of the firefighter’s
4741 response to what is reasonably believed to be an emergency
4742 involving the protection of life or property or the
4743 firefighter’s participation in a training exercise. This sum is
4744 in addition to any sum provided in paragraph (a).
4745 Notwithstanding any other provision of law, the amount payable
4746 under this subsection may not be less than the actual amount
4747 stated therein.
4748 (c) If a firefighter, while engaged in the performance of
4749 his or her firefighter duties, is unlawfully and intentionally
4750 killed, is injured by an unlawful and intentional act of another
4751 person and dies as a result of such injury, dies as a result of
4752 a fire which has been determined to have been caused by an act
4753 of arson, or subsequently dies as a result of injuries sustained
4754 therefrom, the sum of $150,000, as adjusted pursuant to
4755 paragraph (i), shall be paid as provided in this section.
4756 Notwithstanding any other provision of law, the amount payable
4757 under this subsection may not be less than the actual amount
4758 stated therein.
4759 (i) Any payments made pursuant to paragraph (a), paragraph
4760 (b), or paragraph (c) shall consist of the statutory amount
4761 adjusted to show reflect price level changes in the Consumer
4762 Price Index for All Urban Consumers published by the United
4763 States Department of Labor since July 1, 2002 the effective date
4764 of the act. The Division of State Fire Marshal, using the most
4765 recent month for which Consumer Price Index data is available,
4766 shall, on June 15 of each year, calculate and publish on the
4767 division’s internet website the amount resulting from the
4768 adjustments to by rule adjust the statutory amounts amount based
4769 on the Consumer Price Index for All Urban Consumers published by
4770 the United States Department of Labor. The adjusted statutory
4771 amounts Adjustment shall be effective on made July 1 of each
4772 year using the most recent month for which data are available at
4773 the time of the adjustment.
4774 Section 92. Subsection (4) of section 120.541, Florida
4775 Statutes, as amended by section 1 of chapter 2011-222, 2011 Laws
4776 of Florida, is amended to read:
4777 120.541 Statement of estimated regulatory costs.—
4778 (4) Subsection (3) does not apply to the adoption of:
4779 (a) Federal standards pursuant to s. 120.54(6).
4780 (b) Triennial updates of and amendments to the Florida
4781 Building Code which are expressly authorized by s. 553.73.
4782 (c) Triennial updates of and amendments to the Florida Fire
4783 Prevention Code which are expressly authorized by s. 633.202 s.
4784 633.0215.
4785 Section 93. Paragraph (c) of subsection (6) of section
4786 196.081, Florida Statutes, as amended by section 2 of chapter
4787 2012-54, Laws of Florida, and section 19 of chapter 2012-193,
4788 Laws of Florida, is amended to read:
4789 196.081 Exemption for certain permanently and totally
4790 disabled veterans and for surviving spouses of veterans
4791 exemption for surviving spouses of first responders who die in
4792 the line of duty.—
4793 (6) Any real estate that is owned and used as a homestead
4794 by the surviving spouse of a first responder who died in the
4795 line of duty while employed by the state or any political
4796 subdivision of the state, including authorities and special
4797 districts, and for whom a letter from the state or appropriate
4798 political subdivision of the state, or other authority or
4799 special district, has been issued which legally recognizes and
4800 certifies that the first responder died in the line of duty
4801 while employed as a first responder is exempt from taxation if
4802 the first responder and his or her surviving spouse were
4803 permanent residents of this state on January 1 of the year in
4804 which the first responder died.
4805 (c) As used in this subsection only, and not applicable to
4806 the payment of benefits under s. 112.19 or s. 112.191, the term:
4807 1. “First responder” means a law enforcement officer or
4808 correctional officer as defined in s. 943.10, a firefighter as
4809 defined in s. 633.102 s. 633.30, or an emergency medical
4810 technician or paramedic as defined in s. 401.23 who is a full
4811 time paid employee, part-time paid employee, or unpaid
4812 volunteer.
4813 2. “In the line of duty” means:
4814 a. While engaging in law enforcement;
4815 b. While performing an activity relating to fire
4816 suppression and prevention;
4817 c. While responding to a hazardous material emergency;
4818 d. While performing rescue activity;
4819 e. While providing emergency medical services;
4820 f. While performing disaster relief activity;
4821 g. While otherwise engaging in emergency response activity;
4822 or
4823 h. While engaging in a training exercise related to any of
4824 the events or activities enumerated in this subparagraph if the
4825 training has been authorized by the employing entity.
4826
4827 A heart attack or stroke that causes death or causes an injury
4828 resulting in death must occur within 24 hours after an event or
4829 activity enumerated in this subparagraph and must be directly
4830 and proximately caused by the event or activity in order to be
4831 considered as having occurred in the line of duty.
4832 Section 94. Section 633.024, Florida Statutes, is repealed.
4833 Section 95. Section 633.0245, Florida Statutes, is
4834 repealed.
4835 Section 96. Section 633.03, Florida Statutes, is repealed.
4836 Section 97. Section 633.0421, Florida Statutes, is
4837 repealed.
4838 Section 98. Section 633.13, Florida Statutes, is repealed.
4839 Section 99. Section 633.167, Florida Statutes, is repealed.
4840 Section 100. Section 633.18, Florida Statutes, is repealed.
4841 Section 101. Section 633.30, Florida Statutes, is repealed.
4842 Section 102. Section 633.32, Florida Statutes, is repealed.
4843 Section 103. Section 633.33, Florida Statutes, is repealed.
4844 Section 104. Section 633.37, Florida Statutes, is repealed.
4845 Section 105. Section 633.445, Florida Statutes, is
4846 repealed.
4847 Section 106. Section 633.514, Florida Statutes, is
4848 repealed.
4849 Section 107. Section 633.517, Florida Statutes, is
4850 repealed.
4851 Section 108. Section 633.524, Florida Statutes, is
4852 repealed.
4853 Section 109. Section 633.804, Florida Statutes, is
4854 repealed.
4855 Section 110. Section 633.808, Florida Statutes, is
4856 repealed.
4857 Section 111. Section 633.810, Florida Statutes, is
4858 repealed.
4859 Section 112. Section 633.813, Florida Statutes, is
4860 repealed.
4861 Section 113. Section 633.815, Florida Statutes, is
4862 repealed.
4863 Section 114. Section 633.819, Florida Statutes, is
4864 repealed.
4865 Section 115. Section 633.820, Florida Statutes, is
4866 repealed.
4867 Section 116. Subsection (1) of section 112.1815, Florida
4868 Statutes, is amended to read:
4869 112.1815 Firefighters, paramedics, emergency medical
4870 technicians, and law enforcement officers; special provisions
4871 for employment-related accidents and injuries.—
4872 (1) The term “first responder” as used in this section
4873 means a law enforcement officer as defined in s. 943.10, a
4874 firefighter as defined in s. 633.102 633.30, or an emergency
4875 medical technician or paramedic as defined in s. 401.23 employed
4876 by state or local government. A volunteer law enforcement
4877 officer, firefighter, or emergency medical technician or
4878 paramedic engaged by the state or a local government is also
4879 considered a first responder of the state or local government
4880 for purposes of this section.
4881 Section 117. Paragraph (b) of subsection (1) of section
4882 112.191, Florida Statutes, is amended to read:
4883 112.191 Firefighters; death benefits.—
4884 (1) Whenever used in this act:
4885 (b) The term “firefighter” means any full-time duly
4886 employed uniformed firefighter employed by an employer, whose
4887 primary duty is the prevention and extinguishing of fires, the
4888 protection of life and property therefrom, the enforcement of
4889 municipal, county, and state fire prevention codes, as well as
4890 the enforcement of any law pertaining to the prevention and
4891 control of fires, who is certified pursuant to s. 633.408
4892 633.35, and who is a member of a duly constituted fire
4893 department of such employer or who is a volunteer firefighter.
4894 Section 118. Subsection (1) of section 112.81, Florida
4895 Statutes, is amended to read:
4896 112.81 Definitions.—As used in this part:
4897 (1) “Firefighter” means a any person who is certified in
4898 compliance with s. 633.408 633.35 and who is employed solely
4899 within the fire department or public safety department of an
4900 employing agency as a full-time firefighter whose primary
4901 responsibility is the prevention and extinguishment of fires;
4902 the protection of life and property; and the enforcement of
4903 municipal, county, and state fire prevention codes and laws
4904 pertaining to the prevention and control of fires.
4905 Section 119. Paragraph (d) of subsection (4) of section
4906 119.071, Florida Statutes, is amended to read:
4907 119.071 General exemptions from inspection or copying of
4908 public records.—
4909 (4) AGENCY PERSONNEL INFORMATION.—
4910 (d)1. For purposes of this paragraph, the term “telephone
4911 numbers” includes home telephone numbers, personal cellular
4912 telephone numbers, personal pager telephone numbers, and
4913 telephone numbers associated with personal communications
4914 devices.
4915 2.a. The home addresses, telephone numbers, social security
4916 numbers, dates of birth, and photographs of active or former
4917 sworn or civilian law enforcement personnel, including
4918 correctional and correctional probation officers, personnel of
4919 the Department of Children and Family Services whose duties
4920 include the investigation of abuse, neglect, exploitation,
4921 fraud, theft, or other criminal activities, personnel of the
4922 Department of Health whose duties are to support the
4923 investigation of child abuse or neglect, and personnel of the
4924 Department of Revenue or local governments whose
4925 responsibilities include revenue collection and enforcement or
4926 child support enforcement; the home addresses, telephone
4927 numbers, social security numbers, photographs, dates of birth,
4928 and places of employment of the spouses and children of such
4929 personnel; and the names and locations of schools and day care
4930 facilities attended by the children of such personnel are exempt
4931 from s. 119.07(1).
4932 b. The home addresses, telephone numbers, dates of birth,
4933 and photographs of firefighters certified in compliance with s.
4934 633.408 633.35; the home addresses, telephone numbers,
4935 photographs, dates of birth, and places of employment of the
4936 spouses and children of such firefighters; and the names and
4937 locations of schools and day care facilities attended by the
4938 children of such firefighters are exempt from s. 119.07(1).
4939 c. The home addresses, dates of birth, and telephone
4940 numbers of current or former justices of the Supreme Court,
4941 district court of appeal judges, circuit court judges, and
4942 county court judges; the home addresses, telephone numbers,
4943 dates of birth, and places of employment of the spouses and
4944 children of current or former justices and judges; and the names
4945 and locations of schools and day care facilities attended by the
4946 children of current or former justices and judges are exempt
4947 from s. 119.07(1).
4948 d. The home addresses, telephone numbers, social security
4949 numbers, dates of birth, and photographs of current or former
4950 state attorneys, assistant state attorneys, statewide
4951 prosecutors, or assistant statewide prosecutors; the home
4952 addresses, telephone numbers, social security numbers,
4953 photographs, dates of birth, and places of employment of the
4954 spouses and children of current or former state attorneys,
4955 assistant state attorneys, statewide prosecutors, or assistant
4956 statewide prosecutors; and the names and locations of schools
4957 and day care facilities attended by the children of current or
4958 former state attorneys, assistant state attorneys, statewide
4959 prosecutors, or assistant statewide prosecutors are exempt from
4960 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
4961 e. The home addresses, dates of birth, and telephone
4962 numbers of general magistrates, special magistrates, judges of
4963 compensation claims, administrative law judges of the Division
4964 of Administrative Hearings, and child support enforcement
4965 hearing officers; the home addresses, telephone numbers, dates
4966 of birth, and places of employment of the spouses and children
4967 of general magistrates, special magistrates, judges of
4968 compensation claims, administrative law judges of the Division
4969 of Administrative Hearings, and child support enforcement
4970 hearing officers; and the names and locations of schools and day
4971 care facilities attended by the children of general magistrates,
4972 special magistrates, judges of compensation claims,
4973 administrative law judges of the Division of Administrative
4974 Hearings, and child support enforcement hearing officers are
4975 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
4976 Constitution if the general magistrate, special magistrate,
4977 judge of compensation claims, administrative law judge of the
4978 Division of Administrative Hearings, or child support hearing
4979 officer provides a written statement that the general
4980 magistrate, special magistrate, judge of compensation claims,
4981 administrative law judge of the Division of Administrative
4982 Hearings, or child support hearing officer has made reasonable
4983 efforts to protect such information from being accessible
4984 through other means available to the public.
4985 f. The home addresses, telephone numbers, dates of birth,
4986 and photographs of current or former human resource, labor
4987 relations, or employee relations directors, assistant directors,
4988 managers, or assistant managers of any local government agency
4989 or water management district whose duties include hiring and
4990 firing employees, labor contract negotiation, administration, or
4991 other personnel-related duties; the names, home addresses,
4992 telephone numbers, dates of birth, and places of employment of
4993 the spouses and children of such personnel; and the names and
4994 locations of schools and day care facilities attended by the
4995 children of such personnel are exempt from s. 119.07(1) and s.
4996 24(a), Art. I of the State Constitution.
4997 g. The home addresses, telephone numbers, dates of birth,
4998 and photographs of current or former code enforcement officers;
4999 the names, home addresses, telephone numbers, dates of birth,
5000 and places of employment of the spouses and children of such
5001 personnel; and the names and locations of schools and day care
5002 facilities attended by the children of such personnel are exempt
5003 from s. 119.07(1) and s. 24(a), Art. I of the State
5004 Constitution.
5005 h. The home addresses, telephone numbers, places of
5006 employment, dates of birth, and photographs of current or former
5007 guardians ad litem, as defined in s. 39.820; the names, home
5008 addresses, telephone numbers, dates of birth, and places of
5009 employment of the spouses and children of such persons; and the
5010 names and locations of schools and day care facilities attended
5011 by the children of such persons are exempt from s. 119.07(1) and
5012 s. 24(a), Art. I of the State Constitution, if the guardian ad
5013 litem provides a written statement that the guardian ad litem
5014 has made reasonable efforts to protect such information from
5015 being accessible through other means available to the public.
5016 i. The home addresses, telephone numbers, dates of birth,
5017 and photographs of current or former juvenile probation
5018 officers, juvenile probation supervisors, detention
5019 superintendents, assistant detention superintendents, juvenile
5020 justice detention officers I and II, juvenile justice detention
5021 officer supervisors, juvenile justice residential officers,
5022 juvenile justice residential officer supervisors I and II,
5023 juvenile justice counselors, juvenile justice counselor
5024 supervisors, human services counselor administrators, senior
5025 human services counselor administrators, rehabilitation
5026 therapists, and social services counselors of the Department of
5027 Juvenile Justice; the names, home addresses, telephone numbers,
5028 dates of birth, and places of employment of spouses and children
5029 of such personnel; and the names and locations of schools and
5030 day care facilities attended by the children of such personnel
5031 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
5032 Constitution.
5033 j. The home addresses, telephone numbers, dates of birth,
5034 and photographs of current or former public defenders, assistant
5035 public defenders, criminal conflict and civil regional counsel,
5036 and assistant criminal conflict and civil regional counsel; the
5037 home addresses, telephone numbers, dates of birth, and places of
5038 employment of the spouses and children of such defenders or
5039 counsel; and the names and locations of schools and day care
5040 facilities attended by the children of such defenders or counsel
5041 are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
5042 Constitution.
5043 k. The home addresses, telephone numbers, and photographs
5044 of current or former investigators or inspectors of the
5045 Department of Business and Professional Regulation; the names,
5046 home addresses, telephone numbers, and places of employment of
5047 the spouses and children of such current or former investigators
5048 and inspectors; and the names and locations of schools and day
5049 care facilities attended by the children of such current or
5050 former investigators and inspectors are exempt from s. 119.07(1)
5051 and s. 24(a), Art. I of the State Constitution if the
5052 investigator or inspector has made reasonable efforts to protect
5053 such information from being accessible through other means
5054 available to the public. This sub-subparagraph is subject to the
5055 Open Government Sunset Review Act in accordance with s. 119.15
5056 and shall stand repealed on October 2, 2017, unless reviewed and
5057 saved from repeal through reenactment by the Legislature.
5058 l. The home addresses and telephone numbers of county tax
5059 collectors; the names, home addresses, telephone numbers, and
5060 places of employment of the spouses and children of such tax
5061 collectors; and the names and locations of schools and day care
5062 facilities attended by the children of such tax collectors are
5063 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
5064 Constitution if the county tax collector has made reasonable
5065 efforts to protect such information from being accessible
5066 through other means available to the public. This sub
5067 subparagraph is subject to the Open Government Sunset Review Act
5068 in accordance with s. 119.15 and shall stand repealed on October
5069 2, 2017, unless reviewed and saved from repeal through
5070 reenactment by the Legislature.
5071 3. An agency that is the custodian of the information
5072 specified in subparagraph 2. and that is not the employer of the
5073 officer, employee, justice, judge, or other person specified in
5074 subparagraph 2. shall maintain the exempt status of that
5075 information only if the officer, employee, justice, judge, other
5076 person, or employing agency of the designated employee submits a
5077 written request for maintenance of the exemption to the
5078 custodial agency.
5079 4. The exemptions in this paragraph apply to information
5080 held by an agency before, on, or after the effective date of the
5081 exemption.
5082 5. This paragraph is subject to the Open Government Sunset
5083 Review Act in accordance with s. 119.15, and shall stand
5084 repealed on October 2, 2017, unless reviewed and saved from
5085 repeal through reenactment by the Legislature.
5086 Section 120. Subsection (17) of section 120.80, Florida
5087 Statutes, is amended to read:
5088 120.80 Exceptions and special requirements; agencies.—
5089 (17) STATE FIRE MARSHAL.—Section 120.541(3) does not apply
5090 to the adoption of amendments and the triennial update to the
5091 Florida Fire Prevention Code expressly authorized by s. 633.202
5092 633.0215.
5093 Section 121. Subsection (3) and paragraph (a) of subsection
5094 (6) of section 121.0515, Florida Statutes, are amended to read:
5095 121.0515 Special Risk Class.—
5096 (3) CRITERIA.—A member, to be designated as a special risk
5097 member, must meet the following criteria:
5098 (a) Effective October 1, 1978, the member must be employed
5099 as a law enforcement officer and be certified, or required to be
5100 certified, in compliance with s. 943.1395; however, sheriffs and
5101 elected police chiefs are excluded from meeting the
5102 certification requirements of this paragraph. In addition, the
5103 member’s duties and responsibilities must include the pursuit,
5104 apprehension, and arrest of law violators or suspected law
5105 violators; or as of July 1, 1982, the member must be an active
5106 member of a bomb disposal unit whose primary responsibility is
5107 the location, handling, and disposal of explosive devices; or
5108 the member must be the supervisor or command officer of a member
5109 or members who have such responsibilities. Administrative
5110 support personnel, including, but not limited to, those whose
5111 primary duties and responsibilities are in accounting,
5112 purchasing, legal, and personnel, are not included;
5113 (b) Effective October 1, 1978, the member must be employed
5114 as a firefighter and be certified, or required to be certified,
5115 in compliance with s. 633.408 633.35 and be employed solely
5116 within the fire department of a local government employer or an
5117 agency of state government with firefighting responsibilities.
5118 In addition, the member’s duties and responsibilities must
5119 include on-the-scene fighting of fires; as of October 1, 2001,
5120 fire prevention or firefighter training; as of October 1, 2001,
5121 direct supervision of firefighting units, fire prevention, or
5122 firefighter training; or as of July 1, 2001, aerial firefighting
5123 surveillance performed by fixed-wing aircraft pilots employed by
5124 the Florida Forest Service of the Department of Agriculture and
5125 Consumer Services; or the member must be the supervisor or
5126 command officer of a member or members who have such
5127 responsibilities. Administrative support personnel, including,
5128 but not limited to, those whose primary duties and
5129 responsibilities are in accounting, purchasing, legal, and
5130 personnel, are not included. All periods of creditable service
5131 in fire prevention or firefighter training, or as the supervisor
5132 or command officer of a member or members who have such
5133 responsibilities, and for which the employer paid the special
5134 risk contribution rate, are included;
5135 (c) Effective October 1, 1978, the member must be employed
5136 as a correctional officer and be certified, or required to be
5137 certified, in compliance with s. 943.1395. In addition, the
5138 member’s primary duties and responsibilities must be the
5139 custody, and physical restraint when necessary, of prisoners or
5140 inmates within a prison, jail, or other criminal detention
5141 facility, or while on work detail outside the facility, or while
5142 being transported; or as of July 1, 1984, the member must be the
5143 supervisor or command officer of a member or members who have
5144 such responsibilities. Administrative support personnel,
5145 including, but not limited to, those whose primary duties and
5146 responsibilities are in accounting, purchasing, legal, and
5147 personnel, are not included; however, wardens and assistant
5148 wardens, as defined by rule, are included;
5149 (d) Effective October 1, 1999, the member must be employed
5150 by a licensed Advance Life Support (ALS) or Basic Life Support
5151 (BLS) employer as an emergency medical technician or a paramedic
5152 and be certified in compliance with s. 401.27. In addition, the
5153 member’s primary duties and responsibilities must include on
5154 the-scene emergency medical care or as of October 1, 2001,
5155 direct supervision of emergency medical technicians or
5156 paramedics, or the member must be the supervisor or command
5157 officer of one or more members who have such responsibility.
5158 Administrative support personnel, including, but not limited to,
5159 those whose primary responsibilities are in accounting,
5160 purchasing, legal, and personnel, are not included;
5161 (e) Effective January 1, 2001, the member must be employed
5162 as a community-based correctional probation officer and be
5163 certified, or required to be certified, in compliance with s.
5164 943.1395. In addition, the member’s primary duties and
5165 responsibilities must be the supervised custody, surveillance,
5166 control, investigation, and counseling of assigned inmates,
5167 probationers, parolees, or community controllees within the
5168 community; or the member must be the supervisor of a member or
5169 members who have such responsibilities. Administrative support
5170 personnel, including, but not limited to, those whose primary
5171 duties and responsibilities are in accounting, purchasing, legal
5172 services, and personnel management, are not included; however,
5173 probation and parole circuit and deputy circuit administrators
5174 are included;
5175 (f) Effective January 1, 2001, the member must be employed
5176 in one of the following classes and must spend at least 75
5177 percent of his or her time performing duties which involve
5178 contact with patients or inmates in a correctional or forensic
5179 facility or institution:
5180 1. Dietitian (class codes 5203 and 5204);
5181 2. Public health nutrition consultant (class code 5224);
5182 3. Psychological specialist (class codes 5230 and 5231);
5183 4. Psychologist (class code 5234);
5184 5. Senior psychologist (class codes 5237 and 5238);
5185 6. Regional mental health consultant (class code 5240);
5186 7. Psychological Services Director—DCF (class code 5242);
5187 8. Pharmacist (class codes 5245 and 5246);
5188 9. Senior pharmacist (class codes 5248 and 5249);
5189 10. Dentist (class code 5266);
5190 11. Senior dentist (class code 5269);
5191 12. Registered nurse (class codes 5290 and 5291);
5192 13. Senior registered nurse (class codes 5292 and 5293);
5193 14. Registered nurse specialist (class codes 5294 and
5194 5295);
5195 15. Clinical associate (class codes 5298 and 5299);
5196 16. Advanced registered nurse practitioner (class codes
5197 5297 and 5300);
5198 17. Advanced registered nurse practitioner specialist
5199 (class codes 5304 and 5305);
5200 18. Registered nurse supervisor (class codes 5306 and
5201 5307);
5202 19. Senior registered nurse supervisor (class codes 5308
5203 and 5309);
5204 20. Registered nursing consultant (class codes 5312 and
5205 5313);
5206 21. Quality management program supervisor (class code
5207 5314);
5208 22. Executive nursing director (class codes 5320 and 5321);
5209 23. Speech and hearing therapist (class code 5406); or
5210 24. Pharmacy manager (class code 5251);
5211 (g) Effective July 1, 2001, the member must be employed as
5212 a youth custody officer and be certified, or required to be
5213 certified, in compliance with s. 943.1395. In addition, the
5214 member’s primary duties and responsibilities must be the
5215 supervised custody, surveillance, control, investigation,
5216 apprehension, arrest, and counseling of assigned juveniles
5217 within the community;
5218 (h) Effective October 1, 2005, through June 30, 2008, the
5219 member must be employed by a law enforcement agency or medical
5220 examiner’s office in a forensic discipline recognized by the
5221 International Association for Identification and must qualify
5222 for active membership in the International Association for
5223 Identification. The member’s primary duties and responsibilities
5224 must include the collection, examination, preservation,
5225 documentation, preparation, or analysis of physical evidence or
5226 testimony, or both, or the member must be the direct supervisor,
5227 quality management supervisor, or command officer of one or more
5228 individuals with such responsibility. Administrative support
5229 personnel, including, but not limited to, those whose primary
5230 responsibilities are clerical or in accounting, purchasing,
5231 legal, and personnel, are not included;
5232 (i) Effective July 1, 2008, the member must be employed by
5233 the Department of Law Enforcement in the crime laboratory or by
5234 the Division of State Fire Marshal in the forensic laboratory in
5235 one of the following classes:
5236 1. Forensic technologist (class code 8459);
5237 2. Crime laboratory technician (class code 8461);
5238 3. Crime laboratory analyst (class code 8463);
5239 4. Senior crime laboratory analyst (class code 8464);
5240 5. Crime laboratory analyst supervisor (class code 8466);
5241 6. Forensic chief (class code 9602); or
5242 7. Forensic services quality manager (class code 9603);
5243 (j) Effective July 1, 2008, the member must be employed by
5244 a local government law enforcement agency or medical examiner’s
5245 office and must spend at least 65 percent of his or her time
5246 performing duties that involve the collection, examination,
5247 preservation, documentation, preparation, or analysis of human
5248 tissues or fluids or physical evidence having potential
5249 biological, chemical, or radiological hazard or contamination,
5250 or use chemicals, processes, or materials that may have
5251 carcinogenic or health-damaging properties in the analysis of
5252 such evidence, or the member must be the direct supervisor of
5253 one or more individuals having such responsibility. If a special
5254 risk member changes to another position within the same agency,
5255 he or she must submit a complete application as provided in
5256 paragraph (4)(a); or
5257 (k) The member must have already qualified for and be
5258 actively participating in special risk membership under
5259 paragraph (a), paragraph (b), or paragraph (c), must have
5260 suffered a qualifying injury as defined in this paragraph, must
5261 not be receiving disability retirement benefits as provided in
5262 s. 121.091(4), and must satisfy the requirements of this
5263 paragraph.
5264 1. The ability to qualify for the class of membership
5265 defined in paragraph (2)(i) occurs when two licensed medical
5266 physicians, one of whom is a primary treating physician of the
5267 member, certify the existence of the physical injury and medical
5268 condition that constitute a qualifying injury as defined in this
5269 paragraph and that the member has reached maximum medical
5270 improvement after August 1, 2008. The certifications from the
5271 licensed medical physicians must include, at a minimum, that the
5272 injury to the special risk member has resulted in a physical
5273 loss, or loss of use, of at least two of the following: left
5274 arm, right arm, left leg, or right leg; and:
5275 a. That this physical loss or loss of use is total and
5276 permanent, except if in the event that the loss of use is due to
5277 a physical injury to the member’s brain, in which event the loss
5278 of use is permanent with at least 75 percent loss of motor
5279 function with respect to each arm or leg affected.
5280 b. That this physical loss or loss of use renders the
5281 member physically unable to perform the essential job functions
5282 of his or her special risk position.
5283 c. That, notwithstanding this physical loss or loss of use,
5284 the individual can is able to perform the essential job
5285 functions required by the member’s new position, as provided in
5286 subparagraph 3.
5287 d. That use of artificial limbs is either not possible or
5288 does not alter the member’s ability to perform the essential job
5289 functions of the member’s position.
5290 e. That the physical loss or loss of use is a direct result
5291 of a physical injury and not a result of any mental,
5292 psychological, or emotional injury.
5293 2. For the purposes of this paragraph, “qualifying injury”
5294 means an injury sustained in the line of duty, as certified by
5295 the member’s employing agency, by a special risk member that
5296 does not result in total and permanent disability as defined in
5297 s. 121.091(4)(b). An injury is a qualifying injury if the injury
5298 is a physical injury to the member’s physical body resulting in
5299 a physical loss, or loss of use, of at least two of the
5300 following: left arm, right arm, left leg, or right leg.
5301 Notwithstanding any other provision of this section, an injury
5302 that would otherwise qualify as a qualifying injury is not
5303 considered a qualifying injury if and when the member ceases
5304 employment with the employer for whom he or she was providing
5305 special risk services on the date the injury occurred.
5306 3. The new position, as described in sub-subparagraph 1.c.,
5307 that is required for qualification as a special risk member
5308 under this paragraph is not required to be a position with
5309 essential job functions that entitle an individual to special
5310 risk membership. Whether a new position as described in sub
5311 subparagraph 1.c. exists and is available to the special risk
5312 member is a decision to be made solely by the employer in
5313 accordance with its hiring practices and applicable law.
5314 4. This paragraph does not grant or create additional
5315 rights for any individual to continued employment or to be hired
5316 or rehired by his or her employer that are not already provided
5317 within the Florida Statutes, the State Constitution, the
5318 Americans with Disabilities Act, if applicable, or any other
5319 applicable state or federal law.
5320 (6) CREDIT FOR PAST SERVICE.—A special risk member may
5321 purchase retirement credit in the Special Risk Class based upon
5322 past service, and may upgrade retirement credit for such past
5323 service, to the extent of 2 percent of the member’s average
5324 monthly compensation as specified in s. 121.091(1)(a) for such
5325 service as follows:
5326 (a) The member may purchase special risk credit for past
5327 service with a municipality or special district which has
5328 elected to join the Florida Retirement System, or with a
5329 participating agency to which a member’s governmental unit was
5330 transferred, merged, or consolidated as provided in s.
5331 121.081(1)(f), if the member was employed with the municipality
5332 or special district when at the time it commenced participating
5333 in the Florida Retirement System or with the governmental unit
5334 at the time of its transfer, merger, or consolidation with the
5335 participating agency. The service must satisfy the criteria set
5336 forth in subsection (3) for Special Risk Class membership as a
5337 law enforcement officer, firefighter, or correctional officer;
5338 however, a certificate or waiver of certificate of compliance
5339 with s. 943.1395 or s. 633.408 633.35 is not required for such
5340 service.
5341 Section 122. Paragraph (d) of subsection (1) of section
5342 125.01, Florida Statutes, is amended to read:
5343 125.01 Powers and duties.—
5344 (1) The legislative and governing body of a county shall
5345 have the power to carry on county government. To the extent not
5346 inconsistent with general or special law, this power includes,
5347 but is not restricted to, the power to:
5348 (d) Provide fire protection, including the enforcement of
5349 the Florida Fire Prevention Code, as provided in ss. 633.206
5350 633.022 and 633.208 633.025, and adopt and enforce local
5351 technical amendments to the Florida Fire Prevention Code as
5352 provided in those sections and pursuant to s. 633.202 633.0215.
5353 Section 123. Subsection (2) of section 125.01045, Florida
5354 Statutes, is amended to read:
5355 125.01045 Prohibition of fees for first responder
5356 services.—
5357 (2) As used in this section, the term “first responder”
5358 means a law enforcement officer as defined in s. 943.10, a
5359 firefighter as defined in s. 633.102 633.30, or an emergency
5360 medical technician or paramedic as defined in s. 401.23 who is
5361 employed by the state or a local government. A volunteer law
5362 enforcement officer, firefighter, or emergency medical
5363 technician or paramedic engaged by the state or a local
5364 government is also considered a first responder of the state or
5365 local government for purposes of this section.
5366 Section 124. Subsection (1) of section 125.56, Florida
5367 Statutes, is amended to read:
5368 125.56 Enforcement and amendment of the Florida Building
5369 Code and the Florida Fire Prevention Code; inspection fees;
5370 inspectors; etc.—
5371 (1) The board of county commissioners of each of the
5372 several counties of the state may is authorized to enforce the
5373 Florida Building Code and the Florida Fire Prevention Code, as
5374 provided in ss. 553.80, 633.206 633.022, and 633.208 633.025,
5375 and, at its discretion, to adopt local technical amendments to
5376 the Florida Building Code, pursuant to s. 553.73(4)(b) and (c)
5377 and local technical amendments to the Florida Fire Prevention
5378 Code, pursuant to s. 633.202 633.0215, to provide for the safe
5379 construction, erection, alteration, repair, securing, and
5380 demolition of any building within its territory outside the
5381 corporate limits of any municipality. Upon a determination to
5382 consider amending the Florida Building Code or the Florida Fire
5383 Prevention Code by a majority of the members of the board of
5384 county commissioners of such county, the board shall call a
5385 public hearing and comply with the public notice requirements of
5386 s. 125.66(2). The board shall hear all interested parties at the
5387 public hearing and may then amend the building code or the fire
5388 code consistent with the terms and purposes of this act. Upon
5389 adoption, an amendment to the code shall be in full force and
5390 effect throughout the unincorporated area of such county until
5391 otherwise notified by the Florida Building Commission pursuant
5392 to s. 553.73 or the State Fire Marshal pursuant to s. 633.202
5393 633.0215. Nothing herein contained shall be construed to prevent
5394 the board of county commissioners from repealing such amendment
5395 to the building code or the fire code at any regular meeting of
5396 such board.
5397 Section 125. Subsection (2) of section 166.0446, Florida
5398 Statutes, is amended to read:
5399 166.0446 Prohibition of fees for first responder services.—
5400 (2) As used in this section, the term “first responder”
5401 means a law enforcement officer as defined in s. 943.10, a
5402 firefighter as defined in s. 633.102 633.30, or an emergency
5403 medical technician or paramedic as defined in s. 401.23 who is
5404 employed by the state or a local government. A volunteer law
5405 enforcement officer, firefighter, or emergency medical
5406 technician or paramedic engaged by the state or a local
5407 government is also considered a first responder of the state or
5408 local government for purposes of this section.
5409 Section 126. Paragraph (a) of subsection (8) of section
5410 175.032, Florida Statutes, is amended to read:
5411 175.032 Definitions.—For any municipality, special fire
5412 control district, chapter plan, local law municipality, local
5413 law special fire control district, or local law plan under this
5414 chapter, the following words and phrases have the following
5415 meanings:
5416 (8)(a) “Firefighter” means a any person employed solely by
5417 a constituted fire department of any municipality or special
5418 fire control district who is certified as a firefighter as a
5419 condition of employment in accordance with s. 633.408 633.35 and
5420 whose duty it is to extinguish fires, to protect life, or to
5421 protect property. The term includes all certified, supervisory,
5422 and command personnel whose duties include, in whole or in part,
5423 the supervision, training, guidance, and management
5424 responsibilities of full-time firefighters, part-time
5425 firefighters, or auxiliary firefighters but does not include
5426 part-time firefighters or auxiliary firefighters. However, for
5427 purposes of this chapter only, the term also includes public
5428 safety officers who are responsible for performing both police
5429 and fire services, who are certified as police officers or
5430 firefighters, and who are certified by their employers to the
5431 Chief Financial Officer as participating in this chapter before
5432 October 1, 1979. Effective October 1, 1979, public safety
5433 officers who have not been certified as participating in this
5434 chapter are considered police officers for retirement purposes
5435 and are eligible to participate in chapter 185. Any plan may
5436 provide that the fire chief has an option to participate, or
5437 not, in that plan.
5438 Section 127. Subsection (3) of section 175.121, Florida
5439 Statutes, is amended to read:
5440 175.121 Department of Revenue and Division of Retirement to
5441 keep accounts of deposits; disbursements.—For any municipality
5442 or special fire control district having a chapter or local law
5443 plan established pursuant to this chapter:
5444 (3)(a) All moneys not distributed to municipalities and
5445 special fire control districts under this section as a result of
5446 the limitation on disbursement contained in s. 175.122, or as a
5447 result of any municipality or special fire control district not
5448 having qualified in any given year, or portion thereof, shall be
5449 transferred to the Firefighters’ Supplemental Compensation Trust
5450 Fund administered by the Department of Revenue, as provided in
5451 s. 633.422 633.382.
5452 (b)1. Moneys transferred under paragraph (a) but not needed
5453 to support the supplemental compensation program in a given year
5454 shall be redistributed pro rata to those participating
5455 municipalities and special fire control districts that transfer
5456 any portion of their funds to support the supplemental
5457 compensation program in that year. Such additional moneys shall
5458 be used to cover or offset costs of the retirement plan.
5459 2. To assist the Department of Revenue, the division shall
5460 identify those municipalities and special fire control districts
5461 that are eligible for redistribution as provided in s.
5462 633.422(3)(c)2. 633.382(4)(c)2., by listing the municipalities
5463 and special fire control districts from which funds were
5464 transferred under paragraph (a) and specifying the amount
5465 transferred by each.
5466 Section 128. Paragraph (e) of subsection (1) of section
5467 218.23, Florida Statutes, is amended to read:
5468 218.23 Revenue sharing with units of local government.—
5469 (1) To be eligible to participate in revenue sharing beyond
5470 the minimum entitlement in any fiscal year, a unit of local
5471 government is required to have:
5472 (e) Certified that persons in its employ as firefighters,
5473 as defined in s. 633.102 633.30(1), meet the qualification for
5474 employment as established by the Division of State Fire Marshal
5475 pursuant to the provisions of ss. 633.408 633.34 and 633.412
5476 633.35 and that the provisions of s. 633.422 has 633.382 have
5477 been met.
5478
5479 Additionally, to receive its share of revenue sharing funds, a
5480 unit of local government shall certify to the Department of
5481 Revenue that the requirements of s. 200.065, if applicable, were
5482 met. The certification shall be made annually within 30 days of
5483 adoption of an ordinance or resolution establishing a final
5484 property tax levy or, if no property tax is levied, not later
5485 than November 1. The portion of revenue sharing funds which,
5486 pursuant to this part, would otherwise be distributed to a unit
5487 of local government which has not certified compliance or has
5488 otherwise failed to meet the requirements of s. 200.065 shall be
5489 deposited in the General Revenue Fund for the 12 months
5490 following a determination of noncompliance by the department.
5491 Section 129. Paragraph (a) of subsection (3) of section
5492 252.515, Florida Statutes, is amended to read:
5493 252.515 Postdisaster Relief Assistance Act; immunity from
5494 civil liability.—
5495 (3) As used in this section, the term:
5496 (a) “Emergency first responder” means:
5497 1. A physician licensed under chapter 458.
5498 2. An osteopathic physician licensed under chapter 459.
5499 3. A chiropractic physician licensed under chapter 460.
5500 4. A podiatric physician licensed under chapter 461.
5501 5. A dentist licensed under chapter 466.
5502 6. An advanced registered nurse practitioner certified
5503 under s. 464.012.
5504 7. A physician assistant licensed under s. 458.347 or s.
5505 459.022.
5506 8. A worker employed by a public or private hospital in the
5507 state.
5508 9. A paramedic as defined in s. 401.23(17).
5509 10. An emergency medical technician as defined in s.
5510 401.23(11).
5511 11. A firefighter as defined in s. 633.102 633.30.
5512 12. A law enforcement officer as defined in s. 943.10.
5513 13. A member of the Florida National Guard.
5514 14. Any other personnel designated as emergency personnel
5515 by the Governor pursuant to a declared emergency.
5516 Section 130. Section 255.45, Florida Statutes, is amended
5517 to read:
5518 255.45 Correction of firesafety violations in certain
5519 state-owned property.—The Department of Management Services is
5520 responsible for ensuring that firesafety violations that are
5521 noted by the State Fire Marshal pursuant to s. 633.218 633.085
5522 are corrected as soon as practicable for all state-owned
5523 property which is leased from the Department of Management
5524 Services.
5525 Section 131. Subsection (4) of section 258.0145, Florida
5526 Statutes, is amended to read:
5527 258.0145 Military state park fee discounts.—The Division of
5528 Recreation and Parks shall provide the following discounts on
5529 park fees to persons who present written documentation
5530 satisfactory to the division which evidences their eligibility
5531 for the discounts:
5532 (4) The surviving spouse and parents of a law enforcement
5533 officer, as defined in s. 943.10(1), or a firefighter, as
5534 defined in s. 633.102 633.30(1), who has died in the line of
5535 duty shall receive lifetime family annual entrance passes at no
5536 charge.
5537 Section 132. Subsection (1) of section 281.02, Florida
5538 Statutes, is amended to read:
5539 281.02 Powers and duties of the Department of Management
5540 Services with respect to firesafety and security.—The Department
5541 of Management Services has the following powers and duties with
5542 respect to firesafety and security:
5543 (1) To assist the State Fire Marshal in maintaining the
5544 firesafety of public buildings pursuant to s. 633.218 633.085.
5545 Section 133. Subsection (1) of section 384.287, Florida
5546 Statutes, is amended to read:
5547 384.287 Screening for sexually transmissible disease.—
5548 (1) An officer as defined in s. 943.10(14); support
5549 personnel as defined in s. 943.10(11) who are employed by the
5550 Department of Law Enforcement, including, but not limited to,
5551 any crime scene analyst, forensic technologist, or crime lab
5552 analyst; firefighter as defined in s. 633.102 633.30; or
5553 ambulance driver, paramedic, or emergency medical technician as
5554 defined in s. 401.23, acting within the scope of employment, who
5555 comes into contact with a person in such a way that significant
5556 exposure, as defined in s. 381.004, has occurred may request
5557 that the person be screened for a sexually transmissible disease
5558 that can be transmitted through a significant exposure.
5559 Section 134. Paragraph (a) of subsection (1) of section
5560 395.0163, Florida Statutes, is amended to read:
5561 395.0163 Construction inspections; plan submission and
5562 approval; fees.—
5563 (1)(a) The design, construction, erection, alteration,
5564 modification, repair, and demolition of all public and private
5565 health care facilities are governed by the Florida Building Code
5566 and the Florida Fire Prevention Code under ss. 553.73 and
5567 633.206 633.022. In addition to the requirements of ss. 553.79
5568 and 553.80, the agency shall review facility plans and survey
5569 the construction of any facility licensed under this chapter.
5570 The agency shall make, or cause to be made, such construction
5571 inspections and investigations as it deems necessary. The agency
5572 may prescribe by rule that any licensee or applicant desiring to
5573 make specified types of alterations or additions to its
5574 facilities or to construct new facilities shall, before
5575 commencing such alteration, addition, or new construction,
5576 submit plans and specifications therefor to the agency for
5577 preliminary inspection and approval or recommendation with
5578 respect to compliance with applicable provisions of the Florida
5579 Building Code or agency rules and standards. The agency shall
5580 approve or disapprove the plans and specifications within 60
5581 days after receipt of the fee for review of plans as required in
5582 subsection (2). The agency may be granted one 15-day extension
5583 for the review period if the director of the agency approves the
5584 extension. If the agency fails to act within the specified time,
5585 it shall be deemed to have approved the plans and
5586 specifications. When the agency disapproves plans and
5587 specifications, it shall set forth in writing the reasons for
5588 its disapproval. Conferences and consultations may be provided
5589 as necessary.
5590 Section 135. Section 400.232, Florida Statutes, is amended
5591 to read:
5592 400.232 Review and approval of plans; fees and costs.—The
5593 design, construction, erection, alteration, modification,
5594 repair, and demolition of all public and private health care
5595 facilities are governed by the Florida Building Code and the
5596 Florida Fire Prevention Code under ss. 553.73 and 633.206
5597 633.022. In addition to the requirements of ss. 553.79 and
5598 553.80, the agency shall review the facility plans and survey
5599 the construction of facilities licensed under this chapter.
5600 (1) The agency shall approve or disapprove the plans and
5601 specifications within 60 days after receipt of the final plans
5602 and specifications. The agency may be granted one 15-day
5603 extension for the review period, if the director of the agency
5604 so approves. If the agency fails to act within the specified
5605 time, it shall be deemed to have approved the plans and
5606 specifications. When the agency disapproves plans and
5607 specifications, it shall set forth in writing the reasons for
5608 disapproval. Conferences and consultations may be provided as
5609 necessary.
5610 (2) The agency may is authorized to charge an initial fee
5611 of $2,000 for review of plans and construction on all projects,
5612 no part of which is refundable. The agency may also collect a
5613 fee, not to exceed 1 percent of the estimated construction cost
5614 or the actual cost of review, whichever is less, for the portion
5615 of the review which encompasses initial review through the
5616 initial revised construction document review. The agency is
5617 further authorized to collect its actual costs on all subsequent
5618 portions of the review and construction inspections. Initial fee
5619 payment shall accompany the initial submission of plans and
5620 specifications. Any subsequent payment that is due is payable
5621 upon receipt of the invoice from the agency. Notwithstanding any
5622 other provisions of law to the contrary, all money received by
5623 the agency pursuant to the provisions of this section shall be
5624 deemed to be trust funds, to be held and applied solely for the
5625 operations required under this section.
5626 Section 136. Section 400.915, Florida Statutes, is amended
5627 to read:
5628 400.915 Construction and renovation; requirements.—The
5629 requirements for the construction or renovation of a PPEC center
5630 shall comply with:
5631 (1) The provisions of chapter 553, which pertain to
5632 building construction standards, including plumbing, electrical
5633 code, glass, manufactured buildings, accessibility for the
5634 physically disabled;
5635 (2) Section 633.206 The provisions of s. 633.022 and
5636 applicable rules pertaining to physical standards for
5637 nonresidential child care facilities; and
5638 (3) The standards or rules adopted pursuant to this part
5639 and part II of chapter 408.
5640 Section 137. Paragraph (a) of subsection (1) of section
5641 429.41, Florida Statutes, is amended to read:
5642 429.41 Rules establishing standards.—
5643 (1) It is the intent of the Legislature that rules
5644 published and enforced pursuant to this section shall include
5645 criteria by which a reasonable and consistent quality of
5646 resident care and quality of life may be ensured and the results
5647 of such resident care may be demonstrated. Such rules shall also
5648 ensure a safe and sanitary environment that is residential and
5649 noninstitutional in design or nature. It is further intended
5650 that reasonable efforts be made to accommodate the needs and
5651 preferences of residents to enhance the quality of life in a
5652 facility. The agency, in consultation with the department, may
5653 adopt rules to administer the requirements of part II of chapter
5654 408. In order to provide safe and sanitary facilities and the
5655 highest quality of resident care accommodating the needs and
5656 preferences of residents, the department, in consultation with
5657 the agency, the Department of Children and Family Services, and
5658 the Department of Health, shall adopt rules, policies, and
5659 procedures to administer this part, which must include
5660 reasonable and fair minimum standards in relation to:
5661 (a) The requirements for and maintenance of facilities, not
5662 in conflict with the provisions of chapter 553, relating to
5663 plumbing, heating, cooling, lighting, ventilation, living space,
5664 and other housing conditions, which will ensure the health,
5665 safety, and comfort of residents and protection from fire
5666 hazard, including adequate provisions for fire alarm and other
5667 fire protection suitable to the size of the structure. Uniform
5668 firesafety standards shall be established and enforced by the
5669 State Fire Marshal in cooperation with the agency, the
5670 department, and the Department of Health.
5671 1. Evacuation capability determination.—
5672 a. The provisions of the National Fire Protection
5673 Association, NFPA 101A, Chapter 5, 1995 edition, shall be used
5674 for determining the ability of the residents, with or without
5675 staff assistance, to relocate from or within a licensed facility
5676 to a point of safety as provided in the fire codes adopted
5677 herein. An evacuation capability evaluation for initial
5678 licensure shall be conducted within 6 months after the date of
5679 licensure. For existing licensed facilities that are not
5680 equipped with an automatic fire sprinkler system, the
5681 administrator shall evaluate the evacuation capability of
5682 residents at least annually. The evacuation capability
5683 evaluation for each facility not equipped with an automatic fire
5684 sprinkler system shall be validated, without liability, by the
5685 State Fire Marshal, by the local fire marshal, or by the local
5686 authority having jurisdiction over firesafety, before the
5687 license renewal date. If the State Fire Marshal, local fire
5688 marshal, or local authority having jurisdiction over firesafety
5689 has reason to believe that the evacuation capability of a
5690 facility as reported by the administrator may have changed, it
5691 may, with assistance from the facility administrator, reevaluate
5692 the evacuation capability through timed exiting drills.
5693 Translation of timed fire exiting drills to evacuation
5694 capability may be determined:
5695 (I) Three minutes or less: prompt.
5696 (II) More than 3 minutes, but not more than 13 minutes:
5697 slow.
5698 (III) More than 13 minutes: impractical.
5699 b. The Office of the State Fire Marshal shall provide or
5700 cause the provision of training and education on the proper
5701 application of Chapter 5, NFPA 101A, 1995 edition, to its
5702 employees, to staff of the Agency for Health Care Administration
5703 who are responsible for regulating facilities under this part,
5704 and to local governmental inspectors. The Office of the State
5705 Fire Marshal shall provide or cause the provision of this
5706 training within its existing budget, but may charge a fee for
5707 this training to offset its costs. The initial training must be
5708 delivered within 6 months after July 1, 1995, and as needed
5709 thereafter.
5710 c. The Office of the State Fire Marshal, in cooperation
5711 with provider associations, shall provide or cause the provision
5712 of a training program designed to inform facility operators on
5713 how to properly review bid documents relating to the
5714 installation of automatic fire sprinklers. The Office of the
5715 State Fire Marshal shall provide or cause the provision of this
5716 training within its existing budget, but may charge a fee for
5717 this training to offset its costs. The initial training must be
5718 delivered within 6 months after July 1, 1995, and as needed
5719 thereafter.
5720 d. The administrator of a licensed facility shall sign an
5721 affidavit verifying the number of residents occupying the
5722 facility at the time of the evacuation capability evaluation.
5723 2. Firesafety requirements.—
5724 a. Except for the special applications provided herein,
5725 effective January 1, 1996, the provisions of the National Fire
5726 Protection Association, Life Safety Code, NFPA 101, 1994
5727 edition, Chapter 22 for new facilities and Chapter 23 for
5728 existing facilities shall be the uniform fire code applied by
5729 the State Fire Marshal for assisted living facilities, pursuant
5730 to s. 633.206 633.022.
5731 b. Any new facility, regardless of size, that applies for a
5732 license on or after January 1, 1996, must be equipped with an
5733 automatic fire sprinkler system. The exceptions as provided in
5734 s. 22-2.3.5.1, NFPA 101, 1994 edition, as adopted herein, apply
5735 to any new facility housing eight or fewer residents. On July 1,
5736 1995, local governmental entities responsible for the issuance
5737 of permits for construction shall inform, without liability, any
5738 facility whose permit for construction is obtained before prior
5739 to January 1, 1996, of this automatic fire sprinkler
5740 requirement. As used in this part, the term “a new facility”
5741 does not mean an existing facility that has undergone change of
5742 ownership.
5743 c. Notwithstanding any provision of s. 633.206 633.022 or
5744 of the National Fire Protection Association, NFPA 101A, Chapter
5745 5, 1995 edition, to the contrary, any existing facility housing
5746 eight or fewer residents is not required to install an automatic
5747 fire sprinkler system, nor to comply with any other requirement
5748 in Chapter 23, NFPA 101, 1994 edition, that exceeds the
5749 firesafety requirements of NFPA 101, 1988 edition, that applies
5750 to this size facility, unless the facility has been classified
5751 as impractical to evacuate. Any existing facility housing eight
5752 or fewer residents that is classified as impractical to evacuate
5753 must install an automatic fire sprinkler system within the
5754 timeframes granted in this section.
5755 d. Any existing facility that is required to install an
5756 automatic fire sprinkler system under this paragraph need not
5757 meet other firesafety requirements of Chapter 23, NFPA 101, 1994
5758 edition, which exceed the provisions of NFPA 101, 1988 edition.
5759 The mandate contained in this paragraph which requires certain
5760 facilities to install an automatic fire sprinkler system
5761 supersedes any other requirement.
5762 e. This paragraph does not supersede the exceptions granted
5763 in NFPA 101, 1988 edition or 1994 edition.
5764 f. This paragraph does not exempt facilities from other
5765 firesafety provisions adopted under s. 633.206 633.022 and local
5766 building code requirements in effect before July 1, 1995.
5767 g. A local government may charge fees only in an amount not
5768 to exceed the actual expenses incurred by local government
5769 relating to the installation and maintenance of an automatic
5770 fire sprinkler system in an existing and properly licensed
5771 assisted living facility structure as of January 1, 1996.
5772 h. If a licensed facility undergoes major reconstruction or
5773 addition to an existing building on or after January 1, 1996,
5774 the entire building must be equipped with an automatic fire
5775 sprinkler system. Major reconstruction of a building means
5776 repair or restoration that costs in excess of 50 percent of the
5777 value of the building as reported on the tax rolls, excluding
5778 land, before reconstruction. Multiple reconstruction projects
5779 within a 5-year period the total costs of which exceed 50
5780 percent of the initial value of the building when at the time
5781 the first reconstruction project was permitted are to be
5782 considered as major reconstruction. Application for a permit for
5783 an automatic fire sprinkler system is required upon application
5784 for a permit for a reconstruction project that creates costs
5785 that go over the 50-percent threshold.
5786 i. Any facility licensed before January 1, 1996, that is
5787 required to install an automatic fire sprinkler system shall
5788 ensure that the installation is completed within the following
5789 timeframes based upon evacuation capability of the facility as
5790 determined under subparagraph 1.:
5791 (I) Impractical evacuation capability, 24 months.
5792 (II) Slow evacuation capability, 48 months.
5793 (III) Prompt evacuation capability, 60 months.
5794
5795 The beginning date from which the deadline for the automatic
5796 fire sprinkler installation requirement must be calculated is
5797 upon receipt of written notice from the local fire official that
5798 an automatic fire sprinkler system must be installed. The local
5799 fire official shall send a copy of the document indicating the
5800 requirement of a fire sprinkler system to the Agency for Health
5801 Care Administration.
5802 j. It is recognized that the installation of an automatic
5803 fire sprinkler system may create financial hardship for some
5804 facilities. The appropriate local fire official shall, without
5805 liability, grant two 1-year extensions to the timeframes for
5806 installation established herein, if an automatic fire sprinkler
5807 installation cost estimate and proof of denial from two
5808 financial institutions for a construction loan to install the
5809 automatic fire sprinkler system are submitted. However, for any
5810 facility with a class I or class II, or a history of uncorrected
5811 class III, firesafety deficiencies, an extension must not be
5812 granted. The local fire official shall send a copy of the
5813 document granting the time extension to the Agency for Health
5814 Care Administration.
5815 k. A facility owner whose facility is required to be
5816 equipped with an automatic fire sprinkler system under Chapter
5817 23, NFPA 101, 1994 edition, as adopted herein, must disclose to
5818 any potential buyer of the facility that an installation of an
5819 automatic fire sprinkler requirement exists. The sale of the
5820 facility does not alter the timeframe for the installation of
5821 the automatic fire sprinkler system.
5822 l. Existing facilities required to install an automatic
5823 fire sprinkler system as a result of construction-type
5824 restrictions in Chapter 23, NFPA 101, 1994 edition, as adopted
5825 herein, or evacuation capability requirements shall be notified
5826 by the local fire official in writing of the automatic fire
5827 sprinkler requirement, as well as the appropriate date for final
5828 compliance as provided in this subparagraph. The local fire
5829 official shall send a copy of the document to the Agency for
5830 Health Care Administration.
5831 m. Except in cases of life-threatening fire hazards, if an
5832 existing facility experiences a change in the evacuation
5833 capability, or if the local authority having jurisdiction
5834 identifies a construction-type restriction, such that an
5835 automatic fire sprinkler system is required, it shall be given
5836 afforded time for installation as provided in this subparagraph.
5837
5838 Facilities that are fully sprinkled and in compliance with other
5839 firesafety standards are not required to conduct more than one
5840 of the required fire drills between the hours of 11 p.m. and 7
5841 a.m., per year. In lieu of the remaining drills, staff
5842 responsible for residents during such hours may be required to
5843 participate in a mock drill that includes a review of evacuation
5844 procedures. Such standards must be included or referenced in the
5845 rules adopted by the State Fire Marshal. Pursuant to s.
5846 633.206(1)(b) 633.022(1)(b), the State Fire Marshal is the final
5847 administrative authority for firesafety standards established
5848 and enforced pursuant to this section. All licensed facilities
5849 must have an annual fire inspection conducted by the local fire
5850 marshal or authority having jurisdiction.
5851 3. Resident elopement requirements.—Facilities are required
5852 to conduct a minimum of two resident elopement prevention and
5853 response drills per year. All administrators and direct care
5854 staff must participate in the drills which shall include a
5855 review of procedures to address resident elopement. Facilities
5856 must document the implementation of the drills and ensure that
5857 the drills are conducted in a manner consistent with the
5858 facility’s resident elopement policies and procedures.
5859 Section 138. Subsection (1) of section 429.44, Florida
5860 Statutes, is amended to read:
5861 429.44 Construction and renovation; requirements.—
5862 (1) The requirements for the construction and renovation of
5863 a facility shall comply with the provisions of chapter 553 which
5864 pertains pertain to building construction standards, including
5865 plumbing, electrical code, glass, manufactured buildings,
5866 accessibility for persons with disabilities, and the state
5867 minimum building code and with the provisions of s. 633.206
5868 633.022, which pertains pertain to uniform firesafety standards.
5869 Section 139. Subsection (2) of section 429.73, Florida
5870 Statutes, is amended to read:
5871 429.73 Rules and standards relating to adult family-care
5872 homes.—
5873 (2) The department shall by rule provide minimum standards
5874 and procedures for emergencies. Pursuant to s. 633.206 633.022,
5875 the State Fire Marshal, in consultation with the department and
5876 the agency, shall adopt uniform firesafety standards for adult
5877 family-care homes.
5878 Section 140. Subsection (4) of section 447.203, Florida
5879 Statutes, is amended to read:
5880 447.203 Definitions.—As used in this part:
5881 (4) “Managerial employees” are those employees who:
5882 (a) Perform jobs that are not of a routine, clerical, or
5883 ministerial nature and require the exercise of independent
5884 judgment in the performance of such jobs and to whom one or more
5885 of the following applies:
5886 1. They formulate or assist in formulating policies which
5887 are applicable to bargaining unit employees.
5888 2. They may reasonably be required on behalf of the
5889 employer to assist in the preparation for the conduct of
5890 collective bargaining negotiations.
5891 3. They have a role in the administration of agreements
5892 resulting from collective bargaining negotiations.
5893 4. They have a significant role in personnel
5894 administration.
5895 5. They have a significant role in employee relations.
5896 6. They are included in the definition of administrative
5897 personnel contained in s. 1012.01(3).
5898 7. They have a significant role in the preparation or
5899 administration of budgets for any public agency or institution
5900 or subdivision thereof.
5901 (b) Serve as police chiefs, fire chiefs, or directors of
5902 public safety of any police, fire, or public safety department.
5903 Other police officers, as defined in s. 943.10(1), and
5904 firefighters, as defined in s. 633.102 633.30(1), may be
5905 determined by the commission to be managerial employees of such
5906 departments. In making such determinations, the commission shall
5907 consider, in addition to the criteria established in paragraph
5908 (a), the paramilitary organizational structure of the department
5909 involved.
5910
5911 However, in determining whether an individual is a managerial
5912 employee pursuant to either paragraph (a) or paragraph (b),
5913 above, the commission may consider historic relationships of the
5914 employee to the public employer and to coemployees.
5915 Section 141. Subsection (1) of section 468.602, Florida
5916 Statutes, is amended to read:
5917 468.602 Exemptions.—This part does not apply to:
5918 (1) Persons who possess a valid certificate, issued
5919 pursuant to s. 633.216 633.081, for conducting firesafety
5920 inspections, when conducting firesafety inspections.
5921 Section 142. Paragraph (c) of subsection (2) of section
5922 468.609, Florida Statutes, is amended to read:
5923 468.609 Administration of this part; standards for
5924 certification; additional categories of certification.—
5925 (2) A person may take the examination for certification as
5926 a building code inspector or plans examiner pursuant to this
5927 part if the person:
5928 (c) Meets eligibility requirements according to one of the
5929 following criteria:
5930 1. Demonstrates 5 years’ combined experience in the field
5931 of construction or a related field, building code inspection, or
5932 plans review corresponding to the certification category sought;
5933 2. Demonstrates a combination of postsecondary education in
5934 the field of construction or a related field and experience
5935 which totals 4 years, with at least 1 year of such total being
5936 experience in construction, building code inspection, or plans
5937 review;
5938 3. Demonstrates a combination of technical education in the
5939 field of construction or a related field and experience which
5940 totals 4 years, with at least 1 year of such total being
5941 experience in construction, building code inspection, or plans
5942 review;
5943 4. Currently holds a standard certificate as issued by the
5944 board, or a fire safety inspector license issued pursuant to
5945 chapter 633, has a minimum of 5 years’ verifiable full-time
5946 experience in inspection or plan review, and satisfactorily
5947 completes a building code inspector or plans examiner training
5948 program of not less than 200 hours in the certification category
5949 sought. The board shall establish by rule criteria for the
5950 development and implementation of the training programs; or
5951 5. Demonstrates a combination of the completion of an
5952 approved training program in the field of building code
5953 inspection or plan review and a minimum of 2 years’ experience
5954 in the field of building code inspection, plan review, fire code
5955 inspections and fire plans review of new buildings as a
5956 firesafety inspector certified under s. 633.216 633.081(2), or
5957 construction. The approved training portion of this requirement
5958 shall include proof of satisfactory completion of a training
5959 program of not less than 300 hours which is approved by the
5960 board in the chosen category of building code inspection or plan
5961 review in the certification category sought with not less than
5962 20 hours of instruction in state laws, rules, and ethics
5963 relating to professional standards of practice, duties, and
5964 responsibilities of a certificateholder. The board shall
5965 coordinate with the Building Officials Association of Florida,
5966 Inc., to establish by rule the development and implementation of
5967 the training program.
5968 Section 143. Subsection (22) of section 489.103, Florida
5969 Statutes, is amended to read:
5970 489.103 Exemptions.—This part does not apply to:
5971 (22) A person licensed pursuant to s. 633.304(1)(d)
5972 633.061(1)(d) or (3)(b) performing work authorized by such
5973 license.
5974 Section 144. Paragraph (n) of subsection (3) of section
5975 489.105, Florida Statutes, is amended to read:
5976 489.105 Definitions.—As used in this part:
5977 (3) “Contractor” means the person who is qualified for, and
5978 is only responsible for, the project contracted for and means,
5979 except as exempted in this part, the person who, for
5980 compensation, undertakes to, submits a bid to, or does himself
5981 or herself or by others construct, repair, alter, remodel, add
5982 to, demolish, subtract from, or improve any building or
5983 structure, including related improvements to real estate, for
5984 others or for resale to others; and whose job scope is
5985 substantially similar to the job scope described in one of the
5986 paragraphs of this subsection. For the purposes of regulation
5987 under this part, the term “demolish” applies only to demolition
5988 of steel tanks more than 50 feet in height; towers more than 50
5989 feet in height; other structures more than 50 feet in height;
5990 and all buildings or residences. Contractors are subdivided into
5991 two divisions, Division I, consisting of those contractors
5992 defined in paragraphs (a)-(c), and Division II, consisting of
5993 those contractors defined in paragraphs (d)-(q):
5994 (n) “Underground utility and excavation contractor” means a
5995 contractor whose services are limited to the construction,
5996 installation, and repair, on public or private property, whether
5997 accomplished through open excavations or through other means,
5998 including, but not limited to, directional drilling, auger
5999 boring, jacking and boring, trenchless technologies, wet and dry
6000 taps, grouting, and slip lining, of main sanitary sewer
6001 collection systems, main water distribution systems, storm sewer
6002 collection systems, and the continuation of utility lines from
6003 the main systems to a point of termination up to and including
6004 the meter location for the individual occupancy, sewer
6005 collection systems at property line on residential or single
6006 occupancy commercial properties, or on multioccupancy properties
6007 at manhole or wye lateral extended to an invert elevation as
6008 engineered to accommodate future building sewers, water
6009 distribution systems, or storm sewer collection systems at storm
6010 sewer structures. However, an underground utility and excavation
6011 contractor may install empty underground conduits in rights-of
6012 way, easements, platted rights-of-way in new site development,
6013 and sleeves for parking lot crossings no smaller than 2 inches
6014 in diameter if each conduit system installed is designed by a
6015 licensed professional engineer or an authorized employee of a
6016 municipality, county, or public utility and the installation of
6017 such conduit does not include installation of any conductor
6018 wiring or connection to an energized electrical system. An
6019 underground utility and excavation contractor may not install
6020 piping that is an integral part of a fire protection system as
6021 defined in s. 633.102 633.021 beginning at the point where the
6022 piping is used exclusively for such system.
6023 Section 145. Subsection (9) of section 496.404, Florida
6024 Statutes, is amended to read:
6025 496.404 Definitions.—As used in ss. 496.401-496.424:
6026 (9) “Emergency service employee” means any employee who is
6027 a firefighter, as defined in s. 633.102 633.30, or ambulance
6028 driver, emergency medical technician, or paramedic, as defined
6029 in s. 401.23.
6030 Section 146. Paragraph (a) of subsection (7) of section
6031 509.032, Florida Statutes, is amended to read:
6032 509.032 Duties.—
6033 (7) PREEMPTION AUTHORITY.—
6034 (a) The regulation of public lodging establishments and
6035 public food service establishments, including, but not limited
6036 to, sanitation standards, inspections, training and testing of
6037 personnel, and matters related to the nutritional content and
6038 marketing of foods offered in such establishments, is preempted
6039 to the state. This paragraph does not preempt the authority of a
6040 local government or local enforcement district to conduct
6041 inspections of public lodging and public food service
6042 establishments for compliance with the Florida Building Code and
6043 the Florida Fire Prevention Code, pursuant to ss. 553.80 and
6044 633.206 633.022.
6045 Section 147. Section 513.05, Florida Statutes, is amended
6046 to read:
6047 513.05 Rules.—The department may adopt rules pertaining to
6048 the location, construction, modification, equipment, and
6049 operation of mobile home parks, lodging parks, recreational
6050 vehicle parks, and recreational camps, except as provided in s.
6051 633.206 633.022, as necessary to administer this chapter. Such
6052 rules may include definitions of terms; requirements for plan
6053 reviews of proposed and existing parks and camps; plan reviews
6054 of parks that consolidate space or change space size; water
6055 supply; sewage collection and disposal; plumbing and backflow
6056 prevention; garbage and refuse storage, collection, and
6057 disposal; insect and rodent control; space requirements; heating
6058 facilities; food service; lighting; sanitary facilities;
6059 bedding; an occupancy equivalency to spaces for permits for
6060 recreational camps; sanitary facilities in recreational vehicle
6061 parks; and the owners’ responsibilities at recreational vehicle
6062 parks and recreational camps.
6063 Section 148. Paragraph (d) of subsection (1) and paragraph
6064 (f) of subsection (11) of section 553.73, Florida Statutes, are
6065 amended to read:
6066 553.73 Florida Building Code.—
6067 (1)
6068 (d) Conflicting requirements between the Florida Building
6069 Code and the Florida Fire Prevention Code and Life Safety Code
6070 of the state established pursuant to ss. 633.206 633.022 and
6071 633.208 633.025 shall be resolved by agreement between the
6072 commission and the State Fire Marshal in favor of the
6073 requirement that offers the greatest degree of lifesafety or
6074 alternatives that would provide an equivalent degree of
6075 lifesafety and an equivalent method of construction. If the
6076 commission and State Fire Marshal are unable to agree on a
6077 resolution, the question shall be referred to a mediator,
6078 mutually agreeable to both parties, to resolve the conflict in
6079 favor of the provision that offers the greatest lifesafety, or
6080 alternatives that would provide an equivalent degree of
6081 lifesafety and an equivalent method of construction.
6082 (11)
6083 (f) All decisions of the local building official and local
6084 fire official and all decisions of the administrative board
6085 shall be in writing and shall be binding upon a person all
6086 persons but do shall not limit the authority of the State Fire
6087 Marshal or the Florida Building Commission pursuant to paragraph
6088 (1)(d) and ss. 633.104 633.01 and 633.228 633.161. Decisions of
6089 general application shall be indexed by building and fire code
6090 sections and shall be available for inspection during normal
6091 business hours.
6092 Section 149. Paragraph (e) of subsection (1) of section
6093 553.77, Florida Statutes, is amended to read:
6094 553.77 Specific powers of the commission.—
6095 (1) The commission shall:
6096 (e) Participate with the Florida Fire Code Advisory Council
6097 created under s. 633.204 633.72, to provide assistance and
6098 recommendations relating to firesafety code interpretations. The
6099 administrative staff of the commission shall attend meetings of
6100 the Florida Fire Code Advisory Council and coordinate efforts to
6101 provide consistency between the Florida Building Code and the
6102 Florida Fire Prevention Code and the Life Safety Code.
6103 Section 150. Subsections (2) and (12) of section 553.79,
6104 Florida Statutes, are amended to read:
6105 553.79 Permits; applications; issuance; inspections.—
6106 (2) Except as provided in subsection (6), an enforcing
6107 agency may not issue any permit for construction, erection,
6108 alteration, modification, repair, or demolition of any building
6109 or structure until the local building code administrator or
6110 inspector has reviewed the plans and specifications required by
6111 the Florida Building Code, or local amendment thereto, for such
6112 proposal and found the plans to be in compliance with the
6113 Florida Building Code. If the local building code administrator
6114 or inspector finds that the plans are not in compliance with the
6115 Florida Building Code, the local building code administrator or
6116 inspector shall identify the specific plan features that do not
6117 comply with the applicable codes, identify the specific code
6118 chapters and sections upon which the finding is based, and
6119 provide this information to the local enforcing agency. The
6120 local enforcing agency shall provide this information to the
6121 permit applicant. In addition, an enforcing agency may not issue
6122 any permit for construction, erection, alteration, modification,
6123 repair, or demolition of any building until the appropriate
6124 firesafety inspector certified pursuant to s. 633.216 633.081
6125 has reviewed the plans and specifications required by the
6126 Florida Building Code, or local amendment thereto, for such
6127 proposal and found that the plans comply with the Florida Fire
6128 Prevention Code and the Life Safety Code. Any building or
6129 structure which is not subject to a firesafety code shall not be
6130 required to have its plans reviewed by the firesafety inspector.
6131 Any building or structure that is exempt from the local building
6132 permit process may not be required to have its plans reviewed by
6133 the local building code administrator. Industrial construction
6134 on sites where design, construction, and firesafety are
6135 supervised by appropriate design and inspection professionals
6136 and which contain adequate in-house fire departments and rescue
6137 squads is exempt, subject to local government option, from
6138 review of plans and inspections, providing owners certify that
6139 applicable codes and standards have been met and supply
6140 appropriate approved drawings to local building and firesafety
6141 inspectors. The enforcing agency shall issue a permit to
6142 construct, erect, alter, modify, repair, or demolish any
6143 building or structure when the plans and specifications for such
6144 proposal comply with the provisions of the Florida Building Code
6145 and the Florida Fire Prevention Code and the Life Safety Code as
6146 determined by the local authority in accordance with this
6147 chapter and chapter 633.
6148 (12) One-family and two-family detached residential
6149 dwelling units are not subject to plan review by the local fire
6150 official as described in this section or inspection by the local
6151 fire official as described in s. 633.216 633.081, unless
6152 expressly made subject to the said plan review or inspection by
6153 local ordinance.
6154 Section 151. Paragraph (d) of subsection (1) of section
6155 590.02, Florida Statutes, is amended to read:
6156 590.02 Florida Forest Service; powers, authority, and
6157 duties; liability; building structures; Florida Center for
6158 Wildfire and Forest Resources Management Training.—
6159 (1) The Florida Forest Service has the following powers,
6160 authority, and duties:
6161 (d) To appoint center managers, forest area supervisors,
6162 forestry program administrators, a forest protection bureau
6163 chief, a forest protection assistant bureau chief, a field
6164 operations bureau chief, deputy chiefs of field operations,
6165 district managers, forest operations administrators, senior
6166 forest rangers, investigators, forest rangers, firefighter
6167 rotorcraft pilots, and other employees who may, at the Florida
6168 Forest Service’s discretion, be certified as forestry
6169 firefighters pursuant to s. 633.408(8) 633.35(4). Other
6170 provisions of law notwithstanding, center managers, district
6171 managers, forest protection assistant bureau chief, and deputy
6172 chiefs of field operations shall have Selected Exempt Service
6173 status in the state personnel designation;
6174 Section 152. Section 627.4107, Florida Statutes, is amended
6175 to read:
6176 627.4107 Government employees exposed to toxic drug
6177 chemicals; cancellation of life or health policy or certificate
6178 prohibited.—No life or health insurer may cancel or nonrenew a
6179 life or health insurance policy or certificate of insurance
6180 providing coverage to a state or local law enforcement officer
6181 as defined in s. 943.10, firefighter as defined in s. 633.102
6182 633.30, emergency medical technician as defined in s. 401.23, or
6183 paramedic as defined in s. 401.23, a volunteer firefighter as
6184 defined in s. 633.102 engaged by state or local government, a
6185 law enforcement officer employed by the Federal Government, or
6186 any other local, state, or Federal Government employee solely
6187 based on the fact that the individual has been exposed to toxic
6188 chemicals or suffered injury or disease as a result of the
6189 individual’s lawful duties arising out of the commission of a
6190 violation of chapter 893 by another person. This section does
6191 not apply to a any person who commits an offense under chapter
6192 893. This section does not prohibit an insurer from canceling or
6193 nonrenewing an insurance policy or certificate, as permitted
6194 under the applicable state insurance code, based on an act or
6195 practice of the policyholder or certificateholder that
6196 constitutes fraud or intentional misrepresentation of material
6197 fact by the policyholder or certificateholder.
6198 Section 153. Subsection (10) of section 893.13, Florida
6199 Statutes, is amended to read:
6200 893.13 Prohibited acts; penalties.—
6201 (10) If a person violates any provision of this chapter and
6202 the violation results in a serious injury to a state or local
6203 law enforcement officer as defined in s. 943.10, firefighter as
6204 defined in s. 633.102 633.30, emergency medical technician as
6205 defined in s. 401.23, paramedic as defined in s. 401.23,
6206 employee of a public utility or an electric utility as defined
6207 in s. 366.02, animal control officer as defined in s. 828.27,
6208 volunteer firefighter engaged by state or local government, law
6209 enforcement officer employed by the Federal Government, or any
6210 other local, state, or Federal Government employee injured
6211 during the course and scope of his or her employment, the person
6212 commits a felony of the third degree, punishable as provided in
6213 s. 775.082, s. 775.083, or s. 775.084. If the injury sustained
6214 results in death or great bodily harm, the person commits a
6215 felony of the second degree, punishable as provided in s.
6216 775.082, s. 775.083, or s. 775.084.
6217 Section 154. Paragraph (g) of subsection (2) of section
6218 934.03, Florida Statutes, is amended to read:
6219 934.03 Interception and disclosure of wire, oral, or
6220 electronic communications prohibited.—
6221 (2)
6222 (g) It is lawful under ss. 934.03-934.09 for an employee
6223 of:
6224 1. An ambulance service licensed pursuant to s. 401.25, a
6225 fire station employing firefighters as defined by s. 633.102
6226 633.30, a public utility, a law enforcement agency as defined by
6227 s. 934.02(10), or any other entity with published emergency
6228 telephone numbers;
6229 2. An agency operating an emergency telephone number “911”
6230 system established pursuant to s. 365.171; or
6231 3. The central abuse hotline operated pursuant to s. 39.201
6232
6233 to intercept and record incoming wire communications; however,
6234 such employee may intercept and record incoming wire
6235 communications on designated “911” telephone numbers and
6236 published nonemergency telephone numbers staffed by trained
6237 dispatchers at public safety answering points only. It is also
6238 lawful for such employee to intercept and record outgoing wire
6239 communications to the numbers from which such incoming wire
6240 communications were placed when necessary to obtain information
6241 required to provide the emergency services being requested. For
6242 the purpose of this paragraph, the term “public utility” has the
6243 same meaning as provided in s. 366.02 and includes a person,
6244 partnership, association, or corporation now or hereafter owning
6245 or operating equipment or facilities in the state for conveying
6246 or transmitting messages or communications by telephone or
6247 telegraph to the public for compensation.
6248 Section 155. Paragraph (b) of subsection (4) of section
6249 943.61, Florida Statutes, is amended to read:
6250 943.61 Powers and duties of the Capitol Police.—
6251 (4) The Capitol Police shall have the following
6252 responsibilities, powers, and duties:
6253 (b) To provide and maintain the security of all property
6254 located in the Capitol Complex in a manner consistent with the
6255 security plans developed and approved under paragraph (a) and,
6256 in consultation with the State Fire Marshal, to provide for
6257 evacuations, information, and training required for firesafety
6258 on such property in a manner consistent with s. 633.218 633.085.
6259 Section 156. Paragraph (b) of subsection (18) of section
6260 1002.33, Florida Statutes, is amended to read:
6261 1002.33 Charter schools.—
6262 (18) FACILITIES.—
6263 (b) A charter school shall use utilize facilities that
6264 comply with the Florida Fire Prevention Code, pursuant to s.
6265 633.208 633.025, as adopted by the authority in whose
6266 jurisdiction the facility is located as provided in paragraph
6267 (a).
6268 Section 157. Subsection (9) of section 1002.34, Florida
6269 Statutes, is amended to read:
6270 1002.34 Charter technical career centers.—
6271 (9) FACILITIES.—A center may be located in any suitable
6272 location, including part of an existing public school or Florida
6273 College System institution building, space provided on a public
6274 worksite, or a public building. A center’s facilities must
6275 comply with the State Uniform Building Code for Public
6276 Educational Facilities Construction adopted pursuant to s.
6277 1013.37, or with applicable state minimum building codes
6278 pursuant to chapter 553, and state minimum fire protection codes
6279 pursuant to s. 633.208 633.025, adopted by the authority in
6280 whose jurisdiction the facility is located. If K-12 public
6281 school funds are used for construction, the facility must remain
6282 on the local school district’s Florida Inventory of School
6283 Houses (FISH) school building inventory of the district school
6284 board and must revert to the district school board if the
6285 consortium dissolves and the program is discontinued. If Florida
6286 College System institution public school funds are used for
6287 construction, the facility must remain on the local Florida
6288 College System institution’s facilities inventory and must
6289 revert to the local Florida College System institution board of
6290 trustees if the consortium dissolves and the program is
6291 discontinued. The additional student capacity created by the
6292 addition of the center to the local school district’s FISH may
6293 not be calculated in the permanent student capacity for the
6294 purpose of determining need or eligibility for state capital
6295 outlay funds while the facility is used as a center. If the
6296 construction of the center is funded jointly by K-12 public
6297 school funds and Florida College System institution funds, the
6298 sponsoring entities must agree, before granting the charter, on
6299 the appropriate owner and terms of transfer of the facility if
6300 the charter is dissolved.
6301 Section 158. Subsection (1), paragraph (c) of subsection
6302 (2), and paragraphs (a) and (c) of subsection (6) of section
6303 1013.12, Florida Statutes, are amended to read:
6304 1013.12 Casualty, safety, sanitation, and firesafety
6305 standards and inspection of property.—
6306 (1) FIRESAFETY.—The State Board of Education shall adopt
6307 and administer rules prescribing standards for the safety and
6308 health of occupants of educational and ancillary plants as a
6309 part of State Requirements for Educational Facilities or the
6310 Florida Building Code for educational facilities construction as
6311 provided in s. 1013.37, except that the State Fire Marshal in
6312 consultation with the Department of Education shall adopt
6313 uniform firesafety standards for educational and ancillary
6314 plants and educational facilities, as provided in s.
6315 633.206(1)(b) 633.022(1)(b), and a firesafety evaluation system
6316 to be used as an alternate firesafety inspection standard for
6317 existing educational and ancillary plants and educational
6318 facilities. The uniform firesafety standards and the alternate
6319 firesafety evaluation system shall be administered and enforced
6320 by fire officials certified by the State Fire Marshal under s.
6321 633.216 633.081. These standards must be used by all public
6322 agencies when inspecting public educational and ancillary
6323 plants, and the firesafety standards must be used by county,
6324 municipal, or independent special fire control district
6325 inspectors when performing firesafety inspections of public
6326 educational and ancillary plants and educational facilities. In
6327 accordance with such standards, each board shall prescribe
6328 policies and procedures establishing a comprehensive program of
6329 safety and sanitation for the protection of occupants of public
6330 educational and ancillary plants. Such policies must contain
6331 procedures for periodic inspections as prescribed in this
6332 section or chapter 633 and for withdrawal of any educational and
6333 ancillary plant, or portion thereof, from use until unsafe or
6334 unsanitary conditions are corrected or removed.
6335 (2) PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
6336 BOARDS.—
6337 (c) Under the direction of the fire official appointed by
6338 the board under s. 1013.371(2), firesafety inspections of each
6339 educational and ancillary plant located on property owned or
6340 leased by the board, or other educational facilities operated by
6341 the board, must be made no sooner than 1 year after issuance of
6342 a certificate of occupancy and annually thereafter. Such
6343 inspections shall be made by persons certified by the Division
6344 of State Fire Marshal under s. 633.216 633.081 to conduct
6345 firesafety inspections in public educational and ancillary
6346 plants. The board shall submit a copy of the firesafety
6347 inspection report to the county, municipality, or independent
6348 special fire control district providing fire protection services
6349 to the school facility within 10 business days after the date of
6350 the inspection. Alternate schedules for delivery of reports may
6351 be agreed upon between the school district and the county,
6352 municipality, or independent special fire control district
6353 providing fire protection services to the site in cases in which
6354 delivery is impossible due to hurricanes or other natural
6355 disasters. Regardless, if immediate life-threatening
6356 deficiencies are noted in the report, the report shall be
6357 delivered immediately. In addition, the board and any other
6358 authority conducting the fire safety inspection shall certify to
6359 the State Fire Marshal that the annual inspection has been
6360 completed. The certification shall be made electronically or by
6361 such other means as directed by the State Fire Marshal.
6362 (6) INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
6363 FACILITIES.—
6364 (a) Firesafety inspections of public college facilities,
6365 including charter schools located on board-owned or board-leased
6366 facilities or otherwise operated by public college boards, shall
6367 be made in accordance with the Florida Fire Prevention Code, as
6368 adopted by the State Fire Marshal. Notwithstanding s. 633.202
6369 633.0215, provisions of the code relating to inspections of such
6370 facilities are not subject to any local amendments as provided
6371 by s. 1013.371. Each public college facility shall be inspected
6372 annually by persons certified under s. 633.216 633.081.
6373 (c) Firesafety inspections of state universities shall
6374 comply with the Florida Fire Prevention Code, as adopted by the
6375 State Fire Marshal under s. 633.202 633.0215.
6376 Section 159. Paragraphs (a), (b), and (d) of subsection (2)
6377 and paragraph (a) of subsection (4) of section 1013.38, Florida
6378 Statutes, are amended to read:
6379 1013.38 Boards to ensure that facilities comply with
6380 building codes and life safety codes.—
6381 (2) In addition to the submission of site plans, boards may
6382 provide compliance as follows:
6383 (a) Boards or consortia may individually or cooperatively
6384 provide review services under the insurance risk management
6385 oversight through the use of board employees or consortia
6386 employees registered pursuant to chapter 471, chapter 481, or
6387 part XII of chapter 468 and firesafety inspectors certified
6388 under s. 633.216 633.081.
6389 (b) Boards may elect to review construction documents using
6390 their own employees registered pursuant to chapter 471, chapter
6391 481, or part XII of chapter 468 and firesafety inspectors
6392 certified under s. 633.216 633.081.
6393 (d) Boards or consortia may contract for plan review
6394 services directly with engineers and architects registered
6395 pursuant to chapter 471 or chapter 481 and firesafety inspectors
6396 certified under s. 633.216 633.081.
6397 (4)(a) Before the commencement of any new construction,
6398 renovation, or remodeling, the board shall:
6399 1. Approve or cause to be approved the construction
6400 documents and evaluate such documents for compliance with the
6401 Florida Building Code and the Florida Fire Prevention Code.
6402 2. Ensure compliance with all applicable firesafety codes
6403 and standards by contracting with a firesafety inspector
6404 certified by the State Fire Marshal under s. 633.216 633.081.
6405 Section 160. This act shall take effect July 1, 2013.
