Bill Text: FL H0401 | 2010 | Regular Session | Introduced

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Bill Title: State Fire Marshal

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2010-04-30 - Died in Committee on Insurance, Business, & Financial Affairs Policy (GGPC), companion bill(s) passed, see CS/CS/CS/CS/HB 663 (Ch. 2010-176), SB 1136 (Ch. 2010-173) [H0401 Detail]

Download: Florida-2010-H0401-Introduced.html

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HB 401

1	A bill to be entitled
2	An act relating to the State Fire Marshal; amending s.
3	633.021, F.S.; revising definitions; amending s. 633.022,
4	F.S.; requiring application of uniform firesafety
5	standards to state universities; amending s. 633.025,
6	F.S.; providing authority and requirements for completion
7	of plans for and inspection of manufactured buildings at
8	the point of manufacture under certain circumstances;
9	providing for associated costs to be borne by the
10	manufacturer; authorizing the Department of Financial
11	Services to adopt rules; amending s. 633.026, F.S.;
12	providing legislative intent; requiring the State Fire
13	Marshal to establish a Fire Code Interpretation Committee
14	for certain purposes; providing eligibility requirements
15	for committee members; providing requirements for
16	nonbinding interpretations of the Florida Fire Prevention
17	Code; deleting certain legislative intent provisions;
18	requiring the Division of State Fire Marshal to charge
19	fees for nonbinding interpretations; authorizing payment
20	of fees directly to certain contracted parties; providing
21	for referral of disputed interpretations to the State Fire
22	Marshal for formal interpretation; providing requirements
23	for State Fire Marshal issuance of nonbinding code
24	interpretations; specifying nonbinding interpretation
25	petition requirements; providing procedural requirements
26	for committee review and resolution of petitions;
27	providing for issuance of interpretations by the
28	committee; providing for formal interpretations by the
29	State Fire Marshal of disputed interpretations; amending
30	s. 633.027, F.S.; specifying nonapplication of
31	requirements for light-frame truss-type buildings to
32	certain townhouses; amending s. 633.061, F.S.; providing
33	requirements and procedures for certain fire equipment
34	dealers wishing to withdraw a previously filed halon
35	equipment exemption affidavit; requiring fees; revising
36	continuing education requirements for renewal of certain
37	fire suppression equipment licenses and permits; providing
38	equipment inspection requirements for license applicants
39	with facilities outside this state; deleting provisions
40	relating to license examinations and applications after
41	failing certain examinations; providing requirements for
42	licensed fire equipment dealers to downgrade certain
43	licenses, including a fee; requiring certain applicants to
44	undertake a completely new application process under
45	certain circumstances and satisfy certain requirements;
46	amending s. 633.071, F.S.; revising State Fire Marshal
47	rulemaking authority relating to specifications for
48	standard service tags for certain equipment; amending s.
49	633.081, F.S.; revising requirements and procedures for
50	inspections of buildings and equipment; revising
51	eligibility requirements for firesafety inspection
52	personnel; abolishing special state firesafety inspector
53	classifications and certifications; providing criteria,
54	procedures, and requirements for special state firesafety
55	inspectors to be certified as firesafety inspectors;
56	authorizing the State Fire Marshal to develop an advanced
57	training and certification program for certain firesafety
58	inspectors; specifying program requirements; requiring the
59	State Fire Marshal and the Florida Building Code
60	Administrators and Inspectors Board to enter into a
61	reciprocity agreement to recognize certain continuing
62	education recertification hours for certain purposes;
63	amending s. 633.082, F.S.; specifying required procedures
64	for inspections of certain alarm systems, fire control
65	systems, fire hydrants, and fire protection systems;
66	requiring owners to replace fire sprinkler heads subject
67	to government-mandated recalls; amending s. 633.085, F.S.;
68	revising provisions relating to state buildings subject to
69	inspections by the State Fire Marshal; amending s.
70	633.161, F.S.; providing an additional violation subject
71	to certain cease and desist orders; providing that
72	violation of or failure to comply with such an order is a
73	misdemeanor subject to certain penalties; amending s.
74	633.30, F.S.; revising definitions for standards for
75	firefighting; amending s. 633.34, F.S.; revising
76	qualifications for employment of firefighters; amending s.
77	633.35, F.S.; requiring the Division of State Fire Marshal
78	to adopt rules establishing firefighter training programs
79	for certain firefighting personnel; providing requirements
80	and authority for certifications of certain firefighting
81	personnel; authorizing the division to issue a Fire
82	Service Administrative and Command Head certificate to
83	certain persons for certain purposes; providing
84	requirements and limitations; revising examination
85	requirements; amending s. 633.351, F.S.; revising
86	requirements, procedures, and standards for revocation of
87	firefighter certification; requiring the division to adopt
88	rules; amending s. 633.352, F.S.; revising requirements
89	for retention of firefighter certification; amending s.
90	633.382, F.S.; revising definitions relating to
91	supplemental compensation for career firefighters;
92	revising qualifications for supplemental compensation;
93	amending s. 633.521, F.S.; requiring certain applicants to
94	undertake a completely new application process under
95	certain circumstances and satisfy certain requirements;
96	revising qualification and eligibility prerequisites for
97	taking examinations for certifications of certain
98	contractors; deleting an intent provision; amending s.
99	633.524, F.S.; authorizing the State Fire Marshal to enter
100	into contracts with qualified entities to provide certain
101	examinations; authorizing the State Fire Marshal to direct
102	payments from examination applicants directly to the
103	contracted entity or company; amending s. 633.537, F.S.;
104	deleting an obsolete continuing education curriculum
105	requirement; amending s. 633.72, F.S.; providing for
106	members of the Florida Fire Code Advisory Council to serve
107	for two terms; amending s. 633.811, F.S.; authorizing the
108	division to issue administrative cease and desist orders
109	for certain violations under certain circumstances;
110	requiring certain hearings to be held in Leon County;
111	prohibiting the initiation of cease and desist orders or
112	proceedings or the accrual of certain fines until after
113	provision of notification and opportunity to correct a
114	violation; amending s. 633.821, F.S.; deleting certain
115	obsolete workplace safety provisions; amending ss. 218.23
116	and 447.203, F.S.; conforming provisions relating to
117	application to career firefighters; amending ss. 489.103
118	and 590.02, F.S.; conforming cross-references; amending s.
119	1013.12, F.S.; deleting an annual reporting requirement of
120	the State Fire Marshal; providing an effective date.
121
122	Be It Enacted by the Legislature of the State of Florida:
123
124	Section 1. Paragraph (d) of subsection (5) and subsection
125	(9) of section 633.021, Florida Statutes, are amended to read:
126	633.021 Definitions.-As used in this chapter:
127	(5)
128	(d) "Contractor IV" means a contractor whose business is
129	limited to the execution of contracts requiring the ability to
130	lay out, fabricate, install, inspect, alter, repair, and service
131	automatic fire sprinkler systems for occupancies protected
132	within the scope of the National Fire Protection Association
133	publication NFPA 13D, Standard for the Installation of Sprinkler
134	Systems in One- and Two-Family Dwellings and Manufactured Homes
135	detached one-family dwellings, detached two-family dwellings,
136	and mobile homes, excluding preengineered systems and excluding
137	single-family homes in cluster units, such as apartments,
138	condominiums, and assisted living facilities or any building
139	that is connected to other dwellings.
140
141	The definitions in this subsection must not be construed to
142	include fire protection engineers or architects and do not limit
143	or prohibit a licensed fire protection engineer or architect
144	from designing any type of fire protection system. A distinction
145	is made between system design concepts prepared by the design
146	professional and system layout as defined in this section and
147	typically prepared by the contractor. However, persons certified
148	as a Contractor I, Contractor II, or Contractor IV under this
149	chapter may design fire protection systems of 49 or fewer
150	sprinklers, and may design the alteration of an existing fire
151	sprinkler system if the alteration consists of the relocation,
152	addition, or deletion of not more than 49 sprinklers,
153	notwithstanding the size of the existing fire sprinkler system.
154	A Contractor I, Contractor II, or Contractor IV may design a
155	fire protection system the scope of which complies with NFPA
156	13D, Standard for the Installation of Sprinkler Systems in One-
157	and Two-Family Dwellings and Manufactured Homes, as adopted by
158	the State Fire Marshal, notwithstanding the number of fire
159	sprinklers. Contractor-developed plans may not be required by
160	any local permitting authority to be sealed by a registered
161	professional engineer.
162	(9) A "fire protection system" is a system individually
163	designed to protect the interior or exterior of a specific
164	building or buildings, structure, or other special hazard from
165	fire. Such systems include, but are not limited to, water
166	sprinkler systems, water spray systems, foam-water sprinkler
167	systems, foam-water spray systems, CO2 systems, foam
168	extinguishing systems, dry chemical systems, and Halon and other
169	chemical systems used for fire protection use. Such systems also
170	include any overhead and underground fire mains, fire hydrants
171	and hydrant mains, standpipes and hoses connected to sprinkler
172	systems, sprinkler tank heaters, air lines, thermal systems used
173	in connection with fire sprinkler systems, and tanks and pumps
174	connected to fire sprinkler systems.
175	Section 2. Subsection (1) of section 633.022, Florida
176	Statutes, is amended to read:
177	633.022 Uniform firesafety standards.-The Legislature
178	hereby determines that to protect the public health, safety, and
179	welfare it is necessary to provide for firesafety standards
180	governing the construction and utilization of certain buildings
181	and structures. The Legislature further determines that certain
182	buildings or structures, due to their specialized use or to the
183	special characteristics of the person utilizing or occupying
184	these buildings or structures, should be subject to firesafety
185	standards reflecting these special needs as may be appropriate.
186	(1) The department shall establish uniform firesafety
187	standards that apply to:
188	(a) All new, existing, and proposed state-owned and state-
189	leased buildings, including state universities.
190	(b) All new, existing, and proposed hospitals, nursing
191	homes, assisted living facilities, adult family-care homes,
192	correctional facilities, public schools, transient public
193	lodging establishments, public food service establishments,
194	elevators, migrant labor camps, mobile home parks, lodging
195	parks, recreational vehicle parks, recreational camps,
196	residential and nonresidential child care facilities, facilities
197	for the developmentally disabled, motion picture and television
198	special effects productions, tunnels, and self-service gasoline
199	stations, of which standards the State Fire Marshal is the final
200	administrative interpreting authority.
201
202	In the event there is a dispute between the owners of the
203	buildings specified in paragraph (b) and a local authority
204	requiring a more stringent uniform firesafety standard for
205	sprinkler systems, the State Fire Marshal shall be the final
206	administrative interpreting authority and the State Fire
207	Marshal's interpretation regarding the uniform firesafety
208	standards shall be considered final agency action.
209	Section 3. Subsection (11) is added to section 633.025,
210	Florida Statutes, to read:
211	633.025 Minimum firesafety standards.-
212	(11)(a) The plans for, and inspections of, manufactured
213	buildings may be completed at the point of manufacture if:
214	1. The person reviewing the plans and inspecting the
215	manufactured or prototype building is a person currently
216	certified as a firesafety inspector under s. 633.081(2); and
217	2. The manufacturer's modular data plate, stating that the
218	building is in compliance with this chapter and the rules of the
219	department, has been affixed to the building.
220	(b) The local fire official shall recognize and approve
221	such manufactured building, subject to local fire code
222	amendments, acceptable performance testing of life safety
223	systems, and site conditions. The cost of any additional work
224	necessary to meet these requirements shall be borne by the
225	manufacturer. The department may adopt rules to administer this
226	subsection.
227	Section 4. Section 633.026, Florida Statutes, is amended
228	to read:
229	633.026 Legislative intent; informal interpretations of
230	the Florida Fire Prevention Code.-
231	(1) It is the intent of the Legislature that:
232	(a) The Florida Fire Prevention Code be interpreted by
233	fire officials and local enforcement agencies in a manner that
234	protects the public safety, health, and welfare by ensuring
235	uniform interpretations throughout this state and by providing
236	processes for resolving disputes regarding such interpretations
237	which are just and expeditious.
238	(b) Such processes provide for the expeditious resolution
239	of the issues presented and that the resulting interpretation of
240	such issues be published on the website of the Division of State
241	Fire Marshal.
242	(2) The Division of State Fire Marshal shall by rule
243	establish an informal process of rendering nonbinding
244	interpretations of the Florida Fire Prevention Code. The
245	Division of State Fire Marshal may contract with and refer
246	interpretive issues to a nonprofit organization that has
247	experience in interpreting and enforcing the Florida Fire
248	Prevention Code. The Division of State Fire Marshal shall
249	immediately implement the process prior to the completion of
250	formal rulemaking.
251	(3)(a) It is the intent of the Legislature that The
252	Division of State Fire Marshal shall establish create a Fire
253	Code Interpretation Committee composed of seven persons and
254	seven alternates, equally representing each area of the state
255	process to refer questions to a small group of individuals
256	certified under s. 633.081(2), to which a party can pose
257	questions regarding the interpretation of Florida Fire
258	Prevention Code provisions.
259	(b) Each member and alternate member of the Fire Code
260	Interpretation Committee must be certified as a firesafety
261	inspector pursuant to s. 633.081 and must have a minimum of 5
262	years of experience interpreting and enforcing the Florida Fire
263	Prevention Code and the Life Safety Code. Each member and
264	alternate member must be approved by the Division of State Fire
265	Marshal and deemed by the division to have met these
266	requirements for at least 30 days before participating in a
267	review of a nonbinding interpretation.
268	(4) Each nonbinding interpretation of code provisions must
269	be provided within 10 business days after receipt of a request
270	for an interpretation. The response period established in this
271	subsection may be waived only with the written consent of the
272	party requesting the nonbinding interpretation and the Division
273	of State Fire Marshal. Nonbinding It is the intent of the
274	Legislature that the process provide for the expeditious
275	resolution of the issues presented and publication of the
276	resulting interpretation on the website of the Division of State
277	Fire Marshal. It is the intent of the Legislature that this
278	program be similar to the program established by the Florida
279	Building Commission in s. 553.775(3)(g). Such interpretations
280	shall be advisory only and not binding nonbinding on the parties
281	or the State Fire Marshal.
282	(5) In order to administer this section, the Division of
283	State Fire Marshal shall charge department may adopt by rule and
284	impose a fee for each nonbinding interpretation interpretations,
285	with payment made directly to the third party. The fee may not
286	exceed $150 for each request for a review or interpretation. The
287	division may authorize payment of fees directly to the nonprofit
288	organization under contract pursuant to subsection (2).
289	(6) A party requesting a nonbinding interpretation who
290	disagrees with the interpretation issued under this section may
291	apply for a formal interpretation from the State Fire Marshal
292	pursuant to s. 633.01(6).
293	(7) The Division of State Fire Marshal shall issue or
294	cause to be issued a nonbinding interpretation of the Florida
295	Fire Prevention Code pursuant to this section when requested to
296	do so upon submission of a petition by the owner or owner's
297	representative, or the contractor or contractor's
298	representative, of a project in dispute or by a fire official.
299	The division shall adopt a petition form by rule and the
300	petition form must be published on the State Fire Marshal's
301	website. The form shall, at a minimum, require:
302	(a) The name and address of the local fire official,
303	including the address of the county, municipality, or special
304	district.
305	(b) The name and address of the owner or owner's
306	representative or the contractor or contractor's representative.
307	(c) A statement of the specific sections of the Florida
308	Fire Prevention Code being interpreted by the local fire
309	official.
310	(d) An explanation of how the petitioner's substantial
311	interests are being affected by the local interpretation of the
312	Florida Fire Prevention Code.
313	(e) A statement of the interpretation of the specific
314	sections of the Florida Fire Prevention Code by the local fire
315	official.
316	(f) A statement of the interpretation that the petitioner
317	contends should be given to the specific sections of the Florida
318	Fire Prevention Code and a statement supporting the petitioner's
319	interpretation.
320	(8) Upon receipt of a petition that meets the requirements
321	of subsection (7), the Division of State Fire Marshal shall
322	immediately provide copies of the petition to the Fire Code
323	Interpretation Committee, and shall publish the petition and any
324	response submitted by the local fire official on the State Fire
325	Marshal's website.
326	(9) The committee shall conduct proceedings as necessary
327	to resolve the issues and give due regard to the petition, the
328	facts of the matter at issue, specific code sections cited, and
329	any implications of provisions of state law affecting the
330	Florida Fire Prevention Code. The committee shall issue an
331	interpretation regarding the provisions of the Florida Fire
332	Prevention Code within 10 days after the filing of a petition.
333	The committee shall issue an interpretation based upon the
334	Florida Fire Prevention Code or, if the code is ambiguous, the
335	intent of the code. The committee's interpretation shall be
336	provided to the petitioner and shall include a notice that, if
337	the petitioner disagrees with the interpretation, the petitioner
338	may file a request for formal interpretation by the State Fire
339	Marshal under s. 633.01(6). The committee's interpretation shall
340	be provided to the State Fire Marshal, and the division shall
341	publish the interpretation on the State Fire Marshal's website
342	and in the Florida Administrative Weekly.
343	Section 5. Section 633.027, Florida Statutes, is amended
344	to read:
345	633.027 Buildings with light-frame truss-type
346	construction; notice requirements; enforcement.-
347	(1) The owner of any commercial or industrial structure,
348	or any multiunit residential structure of three units or more,
349	that uses light-frame truss-type construction shall mark the
350	structure with a sign or symbol approved by the State Fire
351	Marshal in a manner sufficient to warn persons conducting fire
352	control and other emergency operations of the existence of
353	light-frame truss-type construction in the structure.
354	(2) The State Fire Marshal shall adopt rules necessary to
355	implement the provisions of this section, including, but not
356	limited to:
357	(a) The dimensions and color of such sign or symbol.
358	(b) The time within which commercial, industrial, and
359	multiunit residential structures that use light-frame truss-type
360	construction shall be marked as required by this section.
361	(c) The location on each commercial, industrial, and
362	multiunit residential structure that uses light-frame truss-type
363	construction where such sign or symbol must be posted.
364	(3) The State Fire Marshal, and local fire officials in
365	accordance with s. 633.121, shall enforce the provisions of this
366	section. Any owner who fails to comply with the requirements of
367	this section is subject to penalties as provided in s. 633.161.
368	(4) This section does not apply to townhouses designed and
369	constructed in accordance with the Florida Building Code.
370	Section 6. Subsections (1), (2), and (3) of section
371	633.061, Florida Statutes, are amended to read:
372	633.061 Fire suppression equipment; license to install or
373	maintain.-
374	(1)(a) It is unlawful for any organization or individual
375	to engage in the business of servicing, repairing, recharging,
376	testing, marking, inspecting, installing, or hydrotesting any
377	fire extinguisher or preengineered system in this state except
378	in conformity with the provisions of this chapter. Each
379	organization or individual that engages in such activity must
380	possess a valid and subsisting license issued by the State Fire
381	Marshal. All fire extinguishers and preengineered systems
382	required by statute or by rule must be serviced by an
383	organization or individual licensed under the provisions of this
384	chapter. A licensee who receives appropriate training shall not
385	be prohibited by a manufacturer from servicing any particular
386	brand of fire extinguisher or preengineered system. The licensee
387	is legally qualified to act for the business organization in all
388	matters connected with its business, and the licensee must
389	supervise all activities undertaken by such business
390	organization. Each licensee shall maintain a specific business
391	location. A further requirement, in the case of multiple
392	locations where such servicing or recharging is taking place, is
393	that each licensee who maintains more than one place of business
394	where actual work is carried on must possess an additional
395	license, as set forth in this section, for each location, except
396	that a licensed individual may not qualify for more than five
397	locations. A licensee is limited to a specific type of work
398	performed depending upon the class of license held. Licenses and
399	license fees are required for the following:
400	1.(a) Class A....$250
401	To service, recharge, repair, install, or inspect all types of
402	fire extinguishers and to conduct hydrostatic tests on all types
403	of fire extinguishers.
404	2.(b) Class B....$150
405	To service, recharge, repair, install, or inspect all types of
406	fire extinguishers, including recharging carbon dioxide units
407	and conducting hydrostatic tests on all types of fire
408	extinguishers, except carbon dioxide units.
409	3.(c) Class C....$150
410	To service, recharge, repair, install, or inspect all types of
411	fire extinguishers, except recharging carbon dioxide units, and
412	to conduct hydrostatic tests on all types of fire extinguishers,
413	except carbon dioxide units.
414	4.(d) Class D....$200
415	To service, repair, recharge, hydrotest, install, or inspect all
416	types of preengineered fire extinguishing systems.
417	5.(e) Licenses issued as duplicates or to reflect a change
418	of address....$10
419	(b)1. Any fire equipment dealer licensed pursuant to this
420	subsection who does not want to engage in the business of
421	servicing, inspecting, recharging, repairing, hydrotesting, or
422	installing halon equipment must file an affidavit on a form
423	provided by the division so stating. Licenses will be issued by
424	the division to reflect the work authorized thereunder. It is
425	unlawful, unlicensed activity for any person or firm to falsely
426	hold himself or herself or a business organization out to
427	perform any service, inspection, recharge, repair, hydrotest, or
428	installation except as specifically described in the license.
429	2. Any fire equipment dealer licensed pursuant to this
430	subsection who wishes to withdraw a previously filed halon
431	equipment exemption affidavit and engage in the business of
432	servicing, inspecting, recharging, repairing, hydrotesting, or
433	installing halon equipment must submit a written statement to
434	the division requesting the withdrawal of the affidavit. The
435	dealer must also submit to an inspection by the State Fire
436	Marshal or his or her designee in order to determine that the
437	dealer possesses the equipment required to service, recharge,
438	repair, hydrotest, or install halon equipment and submit a fee
439	of $50 for each license and $10 for each permit associated with
440	the dealer.
441	(2)(a) Each individual actually performing the work of
442	servicing, recharging, repairing, hydrotesting, installing,
443	testing, or inspecting fire extinguishers or preengineered
444	systems must possess a valid and subsisting permit issued by the
445	State Fire Marshal. Permittees are limited as to specific type
446	of work performed to allow work no more extensive than the class
447	of license held by the licensee under whom the permittee is
448	working. Permits will be issued by the division and the fees
449	required are as follows:
450	1.(a) Portable permit....$90
451	"Portable permittee" means a person who is limited to performing
452	work no more extensive than the employing licensee in the
453	servicing, recharging, repairing, installing, or inspecting all
454	types of portable fire extinguishers.
455	2.(b) Preengineered permit....$120
456	"Preengineered permittee" means a person who is limited to the
457	servicing, recharging, repairing, installing, or inspecting of
458	all types of preengineered fire extinguishing systems.
459	3.(c) Permits issued as duplicates or to reflect a change
460	of address....$10
461	(b) Any fire equipment permittee licensed pursuant to this
462	subsection who does not want to engage in servicing, inspecting,
463	recharging, repairing, hydrotesting, or installing halon
464	equipment must file an affidavit on a form provided by the
465	division so stating. Permits will be issued by the division to
466	reflect the work authorized thereunder. It is unlawful,
467	unlicensed activity for any person or firm to falsely hold
468	himself or herself out to perform any service, inspection,
469	recharge, repair, hydrotest, or installation except as
470	specifically described in the permit.
471	(3)(a) Such licenses and permits shall be issued by the
472	State Fire Marshal for 2 years beginning January 1, 2000, and
473	each 2-year period thereafter and expiring December 31 of the
474	second year. All licenses or permits issued will expire on
475	December 31 of each odd-numbered year. The failure to renew a
476	license or permit by December 31 of the second year will cause
477	the license or permit to become inoperative. The holder of an
478	inoperative license or permit shall not engage in any activities
479	for which a license or permit is required by this section. A
480	license or permit which is inoperative because of the failure to
481	renew it shall be restored upon payment of the applicable fee
482	plus a penalty equal to the applicable fee, if the application
483	for renewal is filed no later than the following March 31. If
484	the application for restoration is not made before the March
485	31st deadline, the fee for restoration shall be equal to the
486	original application fee and the penalty provided for herein,
487	and, in addition, the State Fire Marshal shall require
488	reexamination of the applicant. The fee for a license or permit
489	issued for 1 year or less shall be prorated at 50 percent of the
490	applicable fee for a biennial license or permit. Following the
491	initial licensure, each licensee or permittee shall successfully
492	complete a course or courses of continuing education for fire
493	equipment technicians of at least 16 32 hours. A license or
494	permit may not be renewed unless the licensee or permittee
495	produces documentation of the completion of at least 16 hours of
496	continuing education for fire equipment technicians during the
497	biennial licensure period within 4 years of initial issuance of
498	a license or permit and within each 4-year period thereafter or
499	no such license or permit shall be renewed. A person who is both
500	a licensee and a permittee shall be required to complete 16 32
501	hours of continuing education during each renewal per 4-year
502	period. Each licensee shall ensure that all permittees in his or
503	her employment meet their continuing education requirements. The
504	State Fire Marshal shall adopt rules describing the continuing
505	education requirements and shall have the authority upon
506	reasonable belief, to audit a fire equipment dealer to determine
507	compliance with continuing education requirements.
508	(b) The forms of such licenses and permits and
509	applications therefor shall be prescribed by the State Fire
510	Marshal; in addition to such other information and data as that
511	officer determines is appropriate and required for such forms,
512	there shall be included in such forms the following matters.
513	Each such application shall be in such form as to provide that
514	the data and other information set forth therein shall be sworn
515	to by the applicant or, if a corporation, by an officer thereof.
516	An application for a permit shall include the name of the
517	licensee employing such permittee, and the permit issued in
518	pursuance of such application shall also set forth the name of
519	such licensee. A permit is valid solely for use by the holder
520	thereof in his or her employment by the licensee named in the
521	permit.
522	(c) A license of any class shall not be issued or renewed
523	by the State Fire Marshal and a license of any class shall not
524	remain operative unless:
525	1. The applicant has submitted to the State Fire Marshal
526	evidence of registration as a Florida corporation or evidence of
527	compliance with s. 865.09.
528	2. The State Fire Marshal or his or her designee has by
529	inspection determined that the applicant possesses the equipment
530	required for the class of license sought. The State Fire Marshal
531	shall give an applicant a reasonable opportunity to correct any
532	deficiencies discovered by inspection. A fee of $50, payable to
533	the State Fire Marshal, shall be required for any subsequent
534	reinspection. To obtain such inspection, an applicant with
535	facilities located outside this state must:
536	a. Provide a notarized statement from an engineer licensed
537	by the applicant's state of domicile certifying that the
538	applicant possesses the equipment required for the class of
539	license sought and that all such equipment is operable; or
540	b. Allow the State Fire Marshal or his or her designee to
541	inspect the facility. All costs associated with the State Fire
542	Marshal's conduction of the inspection shall be paid by the
543	applicant. The State Fire Marshal shall, in accordance with s.
544	120.54, adopt by rule standards for the calculation and
545	establishment of the amount of costs associated with any
546	inspection conducted by the State Fire Marshal under this
547	section. Such rules shall include procedures for invoicing and
548	receiving funds in advance of the inspection.
549	3. The applicant has submitted to the State Fire Marshal
550	proof of insurance providing coverage for comprehensive general
551	liability for bodily injury and property damage, products
552	liability, completed operations, and contractual liability. The
553	State Fire Marshal shall adopt rules providing for the amounts
554	of such coverage, but such amounts shall not be less than
555	$300,000 for Class A or Class D licenses, $200,000 for Class B
556	licenses, and $100,000 for Class C licenses; and the total
557	coverage for any class of license held in conjunction with a
558	Class D license shall not be less than $300,000. The State Fire
559	Marshal may, at any time after the issuance of a license or its
560	renewal, require upon demand, and in no event more than 30 days
561	after notice of such demand, the licensee to provide proof of
562	insurance, on a form provided by the State Fire Marshal,
563	containing confirmation of insurance coverage as required by
564	this chapter. Failure, for any length of time, to provide proof
565	of insurance coverage as required shall result in the immediate
566	suspension of the license until proof of proper insurance is
567	provided to the State Fire Marshal. An insurer which provides
568	such coverage shall notify the State Fire Marshal of any change
569	in coverage or of any termination, cancellation, or nonrenewal
570	of any coverage.
571	4. The applicant applies to the State Fire Marshal and
572	successfully completes a prescribed training course offered by
573	the State Fire College or an equivalent course approved by the
574	State Fire Marshal. This subparagraph does not apply to any
575	holder of or applicant for a permit under paragraph (f) or to a
576	business organization or a governmental entity seeking initial
577	licensure or renewal of an existing license solely for the
578	purpose of inspecting, servicing, repairing, marking,
579	recharging, and maintaining fire extinguishers used and located
580	on the premises of and owned by such organization or entity.
581	5. The applicant has a current retestor identification
582	number that is appropriate for the license for which the
583	applicant is applying and that is listed with the United States
584	Department of Transportation.
585	6. The applicant has passed, with a grade of at least 70
586	percent, a written examination testing his or her knowledge of
587	the rules and statutes regulating the activities authorized by
588	the license and demonstrating his or her knowledge and ability
589	to perform those tasks in a competent, lawful, and safe manner.
590	Such examination shall be developed and administered by the
591	State Fire Marshal, or his or her designee in accordance with
592	policies and procedures of the State Fire Marshal. An applicant
593	shall pay a nonrefundable examination fee of $50 for each
594	examination or reexamination scheduled. No reexamination shall
595	be scheduled sooner than 30 days after any administration of an
596	examination to an applicant. No applicant shall be permitted to
597	take an examination for any level of license more than a total
598	of four times during 1 year, regardless of the number of
599	applications submitted. As a prerequisite to licensure of the
600	applicant:
601	a. Must be at least 18 years of age.
602	b. Must have 4 years of proven experience as a fire
603	equipment permittee at a level equal to or greater than the
604	level of license applied for or have a combination of education
605	and experience determined to be equivalent thereto by the State
606	Fire Marshal. Having held a permit at the appropriate level for
607	the required period constitutes the required experience.
608	c. Must not have been convicted of, or pled nolo
609	contendere to, any felony. If an applicant has been convicted of
610	any such felony, the applicant must comply with s.
611	112.011(1)(b).
612
613	This subparagraph does not apply to any holder of or applicant
614	for a permit under paragraph (f) or to a business organization
615	or a governmental entity seeking initial licensure or renewal of
616	an existing license solely for the purpose of inspecting,
617	servicing, repairing, marking, recharging, hydrotesting, and
618	maintaining fire extinguishers used and located on the premises
619	of and owned by such organization or entity.
620	(d) An applicant who fails the examination may take it
621	three more times during the 1-year period after he or she
622	originally filed an application for the examination. If the
623	applicant fails the examination within 1 year after the
624	application date and seeks to retake the examination, he or she
625	must file a new application, pay the application and examination
626	fees, and successfully complete a prescribed training course
627	approved by the State Fire College or an equivalent course
628	approved by the State Fire Marshal. An applicant may not submit
629	a new application within 6 months after the date of his or her
630	last reexamination.
631	(d)(e) A fire equipment dealer licensed under this section
632	may apply to upgrade the license currently held, if the licensed
633	dealer:
634	1. Submits an application for the license on a form in
635	conformance with paragraph (b). The application must be
636	accompanied by a fee as prescribed in subsection (1) for the
637	type of license requested.
638	2. Provides evidence of 2 years' experience as a licensed
639	dealer and meets such relevant educational requirements as are
640	established by rule by the State Fire Marshal for purposes of
641	upgrading a license.
642	3. Meets the requirements of paragraph (c).
643	(e) A fire equipment dealer licensed under this section
644	may apply to downgrade the license currently held by the dealer,
645	if the dealer:
646	1. Submits an application for the downgraded license on a
647	form in conformance with paragraph (b). The application must be
648	accompanied by a fee as prescribed in subsection (1) for the
649	type of license requested.
650	2. Submits proof of insurance providing coverage meeting
651	the requirements prescribed in subparagraph (c)3.
652	3. Submits a fee of $10 for every permit associated with
653	the license to be downgraded.
654	(f) A No permit of any class may not shall be issued or
655	renewed to a person by the State Fire Marshal, and a no permit
656	of any class may not shall remain operative, unless the person
657	has:
658	1. Submitted a nonrefundable examination fee in the amount
659	of $50.;
660	2. Successfully completed a training course offered by the
661	State Fire College or an equivalent course approved by the State
662	Fire Marshal.; and
663	3. Passed, with a grade of at least 70 percent, a written
664	examination testing his or her knowledge of the rules and
665	statutes regulating the activities authorized by the permit and
666	demonstrating his or her knowledge and ability to perform those
667	tasks in a competent, lawful, and safe manner. Such examination
668	shall be developed and administered by the State Fire Marshal in
669	accordance with the policies and procedures of the State Fire
670	Marshal. An examination fee shall be paid for each examination
671	scheduled. No reexamination shall be scheduled sooner than 30
672	days after any administration of an examination to an applicant.
673	No applicant shall be permitted to take an examination for any
674	level of permit more than four times during 1 year, regardless
675	of the number of applications submitted. As a prerequisite to
676	taking the permit examination, the applicant must be at least 16
677	years of age.
678	(g) An applicant for a license or permit under this
679	section who fails the examination may take the examination it
680	three more times during the 1-year period after he or she
681	originally filed an application for the examination. If the
682	applicant fails the examination within 1 year after the
683	application date and he or she seeks to retake the examination,
684	he or she must file a new application, pay the application and
685	examination fees, and successfully complete a prescribed
686	training course offered by the State Fire College or an
687	equivalent course approved by the State Fire Marshal. The
688	applicant may not submit a new application within 6 months after
689	the date of his or her last reexamination. An applicant who
690	passes the examination but does not meet the remaining
691	qualifications prescribed by law and rule within 1 year after
692	the application date must file a new application, pay the
693	application and examination fee, successfully complete a
694	prescribed training course approved by the State Fire College or
695	an equivalent course approved by the State Fire Marshal, and
696	pass the written examination.
697	Section 7. Subsection (3) of section 633.071, Florida
698	Statutes, is amended to read:
699	633.071 Standard service tag required on all fire
700	extinguishers and preengineered systems; serial number required
701	on all portable fire extinguishers; standard inspection tags
702	required on all fire protection systems.-
703	(3) The State Fire Marshal shall adopt by rule
704	specifications as to the method of attachment and placement,
705	size, shape, color, information, and data contained thereon of
706	inspection tags to be attached to all types of fire protection
707	systems and information required on an inspection report of such
708	an inspection.
709	Section 8. Section 633.081, Florida Statutes, is amended
710	to read:
711	633.081 Inspection of buildings and equipment; orders;
712	firesafety inspection training requirements; certification;
713	disciplinary action.-The State Fire Marshal and her or his
714	agents may shall, at any reasonable hour, when the State Fire
715	Marshal department has reasonable cause to believe that a
716	violation of this chapter or s. 509.215, or a rule promulgated
717	thereunder, or a minimum firesafety code adopted by the State
718	Fire Marshal or a local authority, may exist, inspect any and
719	all buildings and structures which are subject to the
720	requirements of this chapter or s. 509.215 and rules promulgated
721	thereunder. The authority to inspect shall extend to all
722	equipment, vehicles, and chemicals which are located on or
723	within the premises of any such building or structure.
724	(1) Each county, municipality, and special district that
725	has firesafety enforcement responsibilities shall employ or
726	contract with a firesafety inspector. The firesafety inspector
727	must conduct all firesafety inspections that are required by
728	law, except as provided in subsection (4) and s. 633.082(2). The
729	governing body of a county, municipality, or special district
730	that has firesafety enforcement responsibilities may provide a
731	schedule of fees to pay only the costs of inspections conducted
732	pursuant to this subsection and related administrative expenses.
733	Two or more counties, municipalities, or special districts that
734	have firesafety enforcement responsibilities may jointly employ
735	or contract with a firesafety inspector.
736	(2) Except as provided in subsection (4) and s.
737	633.082(2), every firesafety inspection conducted pursuant to
738	state or local firesafety requirements shall be by a person
739	certified as having met the inspection training requirements set
740	by the State Fire Marshal. Such person shall:
741	(a) Be a high school graduate or the equivalent as the
742	term may be determined by the division. department;
743	(b) Not have been found guilty of, or having pled pleaded
744	guilty or nolo contendere to, a felony or a crime punishable by
745	imprisonment of 1 year or more under the laws law of the United
746	States, or of any state thereof, or under the laws of any other
747	country. An applicant for certification as a firesafety
748	inspector with a prior felony conviction shall be excluded from
749	such certification for a period of 4 years after expiration of
750	the sentence or final release by the Parole Commission unless
751	the applicant, prior to the expiration of the 4-year period, has
752	received a full pardon or has had his or her civil rights
753	restored. However, a person may be denied certification by the
754	state, any of its agencies or political subdivisions, or any
755	municipality by reason of the prior conviction for a crime if
756	the crime was a felony or first degree misdemeanor and was
757	directly related to the duties authorized under the
758	certification. which involves moral turpitude, without regard to
759	whether a judgment of conviction has been entered by the court
760	having jurisdiction of such cases;
761	(c) Have her or his fingerprints on file with the
762	department or with an agency designated by the department.;
763	(d) Have good moral character as determined by the
764	department.;
765	(e) Be at least 18 years of age.;
766	(f) Have satisfactorily completed the firesafety inspector
767	certification examination as prescribed by the department.; and
768	(g)1. Have satisfactorily completed, as determined by the
769	department, a firesafety inspector training program of not less
770	than 200 hours established by the department and administered by
771	agencies and institutions approved by the department for the
772	purpose of providing basic certification training for firesafety
773	inspectors; or
774	2. Have received in another state training which is
775	determined by the department to be at least equivalent to that
776	required by the department for approved firesafety inspector
777	education and training programs in this state.
778	(3)(a)1. Effective July 1, 2012, the classification of
779	special state firesafety inspector is abolished and all special
780	state firesafety inspector certifications shall expire at
781	midnight June 30, 2012.
782	2. Any person who is a special state firesafety inspector
783	on June 30, 2012, and who has failed to comply with paragraph
784	(b) or paragraph (c) may not perform any firesafety inspection
785	required by law.
786	3. A special state firesafety inspector certificate may
787	not be issued after June 30, 2010.
788	(b)1. Any person who is a special state firesafety
789	inspector on July 1, 2010, and who has at least 5 years of
790	experience as a special state firesafety inspector as of July 1,
791	2010, may take the firesafety inspection examination as provided
792	in paragraph (2)(f) for firesafety inspectors before July 1,
793	2012, to be certified as a firesafety inspector under this
794	section.
795	2. Upon passing the examination, the person shall be
796	certified as a firesafety inspector as provided in this section.
797	3. A person who fails to become certified must comply with
798	paragraph (c) to be certified as a firesafety inspector under
799	this section.
800	(c)1. To be certified as a firesafety inspector under this
801	section, any person who:
802	a. Is a special state firesafety inspector on July 1,
803	2010, and who does not have 5 years of experience as a special
804	state firesafety inspector as of July 1, 2010; or
805	b. Has 5 years of experience as a special state firesafety
806	inspector but has failed the examination taken as provided in
807	paragraph (2)(f),
808
809	must take an additional 80 hours of the courses described in
810	paragraph (2)(g).
811	2. After successfully completing the courses described in
812	this paragraph, such person may take the firesafety inspection
813	examination as provided in (2)(f), if such examination is taken
814	before July 1, 2012.
815	3. Upon passing the examination, the person shall be
816	certified as a firesafety inspector as provided in this section.
817	4. A person who fails the course of study or the
818	examination described in this paragraph may not perform any
819	firesafety inspection required by law on or after July 1, 2012.
820	Each special state firesafety inspection which is required by
821	law and is conducted by or on behalf of an agency of the state
822	must be performed by an individual who has met the provision of
823	subsection (2), except that the duration of the training program
824	shall not exceed 120 hours of specific training for the type of
825	property that such special state firesafety inspectors are
826	assigned to inspect.
827	(4) A firefighter certified pursuant to s. 633.35 may
828	conduct firesafety inspections, under the supervision of a
829	certified firesafety inspector, while on duty as a member of a
830	fire department company conducting inservice firesafety
831	inspections without being certified as a firesafety inspector,
832	if such firefighter has satisfactorily completed an inservice
833	fire department company inspector training program of at least
834	24 hours' duration as provided by rule of the department.
835	(5) Every firesafety inspector or special state firesafety
836	inspector certificate is valid for a period of 3 years after
837	from the date of issuance. Renewal of certification shall be
838	subject to the affected person's completing proper application
839	for renewal and meeting all of the requirements for renewal as
840	established under this chapter or by rule adopted under this
841	chapter promulgated thereunder, which shall include completion
842	of at least 40 hours during the preceding 3-year period of
843	continuing education as required by the rule of the department
844	or, in lieu thereof, successful passage of an examination as
845	established by the department.
846	(6) The State Fire Marshal may deny, refuse to renew,
847	suspend, or revoke the certificate of a firesafety inspector or
848	special state firesafety inspector if the State Fire Marshal it
849	finds that any of the following grounds exist:
850	(a) Any cause for which issuance of a certificate could
851	have been refused had it then existed and been known to the
852	State Fire Marshal.
853	(b) Violation of this chapter or any rule or order of the
854	State Fire Marshal.
855	(c) Falsification of records relating to the certificate.
856	(d) Having been found guilty of or having pleaded guilty
857	or nolo contendere to a felony, whether or not a judgment of
858	conviction has been entered.
859	(e) Failure to meet any of the renewal requirements.
860	(f) Having been convicted of a crime in any jurisdiction
861	which directly relates to the practice of fire code inspection,
862	plan review, or administration.
863	(g) Making or filing a report or record that the
864	certificateholder knows to be false, or knowingly inducing
865	another to file a false report or record, or knowingly failing
866	to file a report or record required by state or local law, or
867	knowingly impeding or obstructing such filing, or knowingly
868	inducing another person to impede or obstruct such filing.
869	(h) Failing to properly enforce applicable fire codes or
870	permit requirements within this state which the
871	certificateholder knows are applicable by committing willful
872	misconduct, gross negligence, gross misconduct, repeated
873	negligence, or negligence resulting in a significant danger to
874	life or property.
875	(i) Accepting labor, services, or materials at no charge
876	or at a noncompetitive rate from any person who performs work
877	that is under the enforcement authority of the certificateholder
878	and who is not an immediate family member of the
879	certificateholder. For the purpose of this paragraph, the term
880	"immediate family member" means a spouse, child, parent,
881	sibling, grandparent, aunt, uncle, or first cousin of the person
882	or the person's spouse or any person who resides in the primary
883	residence of the certificateholder.
884	(7) The department shall provide by rule for the
885	certification of firesafety inspectors.
886	(8) The State Fire Marshal may develop by rule an advanced
887	training and certification program for firesafety inspectors
888	with fire code management responsibilities. This program must be
889	consistent with the appropriate provisions of the National Fire
890	Protection Association publication NFPA 1037, Standard for
891	Professional Qualifications for Fire Marshal, or similar
892	standards adopted by the division. The program must establish
893	minimum training, education, and experience levels for fire
894	safety inspectors with fire code management responsibilities.
895	(9) The Division of State Fire Marshal and the Florida
896	Building Code Administrators and Inspectors Board established
897	pursuant to s. 468.605 shall enter into a reciprocity agreement
898	to facilitate joint recognition of continuing education
899	recertification hours for certificateholders licensed in
900	accordance with s. 468.609 and firesafety inspectors certified
901	under this section.
902	Section 9. Subsection (2) of section 633.082, Florida
903	Statutes, is amended, and subsection (6) is added to that
904	section, to read:
905	633.082 Inspection of fire control systems, fire hydrants,
906	and fire protection systems.-
907	(2) Fire hydrants and fire protection systems installed in
908	public and private properties, except one-family or two-family
909	dwellings, in this state shall be inspected following procedures
910	established in the nationally recognized inspection, testing,
911	and maintenance standards NFPA-24 and NFPA-25 as set forth in
912	the edition adopted by the State Fire Marshal. Quarterly,
913	annual, 3-year, and 5-year inspections consistent with the
914	contractual provisions with the owner shall be conducted by the
915	certificateholder or permittees employed by the
916	certificateholder pursuant to s. 633.521.
917	(a) All alarm systems shall be serviced, tested, repaired,
918	inspected, and improved in compliance with the provisions of the
919	applicable standards of the National Fire Protection Association
920	adopted by the State Fire Marshal pursuant to ss. 633.071 and
921	633.701.
922	(b) Fire hydrants owned by public governmental entities
923	shall be inspected following procedures established in the
924	nationally recognized inspection, testing, and maintenance
925	standards adopted by the State Fire Marshal. County, municipal,
926	and special district utilities may comply with this section with
927	designated employees notwithstanding the requirements of s.
928	633.081. However, private contractors must be licensed pursuant
929	to this chapter.
930	(c) Fire protection systems installed in public and
931	private properties, and private hydrants that are attached to
932	and an integral part of the fire protection system, shall be
933	inspected following procedures established in the nationally
934	recognized inspection, testing, and maintenance standards
935	adopted by the State Fire Marshal.
936	(6) The owner shall replace any fire sprinkler heads that
937	have been identified by a governmental regulatory agency as
938	subject to a recall for a material defect in design or
939	workmanship.
940	Section 10. Paragraph (a) of subsection (1) and
941	subsections (2), (3), and (4) of section 633.085, Florida
942	Statutes, are amended to read:
943	633.085 Inspections of state buildings and premises; tests
944	of firesafety equipment; building plans to be approved.-
945	(1)(a) It is the duty of the State Fire Marshal and her or
946	his agents to inspect, or cause to be inspected, each state-
947	owned building, and each building located on land owned by the
948	state and used primarily for state purposes as determined by the
949	State Fire Marshal with such building for purposes of this
950	section referred to as a state-owned building, on a recurring
951	basis established by rule, and to ensure that high-hazard
952	occupancies are inspected at least annually, for the purpose of
953	ascertaining and causing to be corrected any conditions liable
954	to cause fire or endanger life from fire and any violation of
955	the firesafety standards for state-owned buildings, the
956	provisions of this chapter, or the rules or regulations adopted
957	and promulgated pursuant hereto. The State Fire Marshal shall,
958	within 7 days following an inspection, submit a report of such
959	inspection to the head of the department of state government
960	responsible for the building.
961	(2) The State Fire Marshal and her or his agents may shall
962	conduct performance tests on any electronic fire warning and
963	smoke detection system, and any pressurized air-handling unit,
964	in any state-owned building or state-leased space on a recurring
965	basis as provided in subsection (1). The State Fire Marshal and
966	her or his agents shall also ensure that fire drills are
967	conducted in all high-hazard state-owned building or high-hazard
968	state-leased high-hazard occupancies at least annually.
969	(3) All construction of any new, or renovation,
970	alteration, or change of occupancy of any existing, state-owned
971	building or state-leased building or space shall comply with the
972	uniform firesafety standards of the State Fire Marshal.
973	(a) For all new construction or renovation, alteration, or
974	change of occupancy of state-leased space, compliance with the
975	uniform firesafety standards shall be determined by reviewing
976	the plans for the proposed construction or occupancy submitted
977	by the lessor to the Division of State Fire Marshal for review
978	and approval prior to commencement of construction or occupancy,
979	which review shall be completed within 10 working days after
980	receipt of the plans by the Division of State Fire Marshal.
981	(b) The plans for all construction of any new, or
982	renovation or alteration of any existing, state-owned building
983	are subject to the review and approval of the Division of State
984	Fire Marshal for compliance with the uniform firesafety
985	standards prior to commencement of construction or change of
986	occupancy, which review shall be completed within 30 calendar
987	days of receipt of the plans by the Division of State Fire
988	Marshal.
989	(4) The Division of State Fire Marshal may inspect state-
990	owned buildings and space and state-leased buildings and space
991	as necessary prior to occupancy or during construction,
992	renovation, or alteration to ascertain compliance with the
993	uniform firesafety standards. Whenever the Division of State
994	Fire Marshal determines by virtue of such inspection or by
995	review of plans that construction, renovation, or alteration of
996	state-owned buildings and state-leased space is not in
997	compliance with the uniform firesafety standards, the Division
998	of State Fire Marshal shall issue an order to cease
999	construction, renovation, or alteration, or to preclude
1000	occupancy, of a building until compliance is obtained, except
1001	for those activities required to achieve such compliance.
1002	Section 11. Subsections (1) and (3) of section 633.161,
1003	Florida Statutes, are amended to read:
1004	633.161 Violations; orders to cease and desist, correct
1005	hazardous conditions, preclude occupancy, or vacate;
1006	enforcement; penalties.-
1007	(1) If it is determined by the department that a violation
1008	specified in this subsection exists, the State Fire Marshal or
1009	her or his agent deputy may issue and deliver to the person
1010	committing the violation an order to cease and desist from such
1011	violation, to correct any hazardous condition, to preclude
1012	occupancy of the affected building or structure, or to vacate
1013	the premises of the affected building or structure. Such
1014	violations consist of are:
1015	(a) Except as set forth in paragraph (b), a violation of
1016	any provision of this chapter, of any rule adopted pursuant
1017	thereto, of any applicable uniform firesafety standard adopted
1018	pursuant to s. 633.022 which is not adequately addressed by any
1019	alternative requirements adopted on a local level, or of any
1020	minimum firesafety standard adopted pursuant to s. 394.879.
1021	(b) A substantial violation of an applicable minimum
1022	firesafety standard adopted pursuant to s. 633.025 which is not
1023	reasonably addressed by any alternative requirement imposed at
1024	the local level, or an unreasonable interpretation of an
1025	applicable minimum firesafety standard, and which violation or
1026	interpretation clearly constitutes a danger to lifesafety.
1027	(c) A building or structure which is in a dilapidated
1028	condition and as a result thereof creates a danger to life,
1029	safety, or property.
1030	(d) A building or structure which contains explosive
1031	matter or flammable liquids or gases constituting a danger to
1032	life, safety, or property.
1033	(e) Any organization that acts as or offers to act as a
1034	fire department that is not designated as a fire department by a
1035	political subdivision of the state.
1036	(3) Any person who violates or fails to comply with any
1037	order under subsection (1) or subsection (2) commits is guilty
1038	of a misdemeanor, punishable as provided in s. 633.171.
1039	Section 12. Section 633.30, Florida Statutes, is amended
1040	to read:
1041	633.30 Standards for firefighting; definitions.-As used in
1042	this chapter, the term:
1043	(1) "Career firefighter" means any person who is
1044	compensated at an hourly rate or is salaried and whose work
1045	hours are scheduled in advance to maintain a schedule of
1046	coverage at a state facility or area to function as described in
1047	subsection (8).
1048	(2)(4) "Council" means the Firefighters Employment,
1049	Standards, and Training Council.
1050	(3) "Department" means the Department of Financial
1051	Services.
1052	(4)(5) "Division" means the Division of State Fire Marshal
1053	of the Department of Financial Services.
1054	(5)(2) "Employing agency" means any municipality or
1055	county, the state, or any political subdivision of the state,
1056	including authorities and special districts, employing
1057	firefighters as defined in subsection (8) (1).
1058	(6) "Fire department" means an organization designated by
1059	a county, municipality, or independent special fire control
1060	district to provide emergency responses for the protection of
1061	life and property within a specified geographical area.
1062	(7) "Fire service aide" means a high school student or
1063	other individual who completes a course of instruction and
1064	examination approved by the division that includes specified
1065	components of firefighter I and II certification in accordance
1066	with the division's rules.
1067	(8)(1) "Firefighter" means any person initially employed
1068	as a full-time professional firefighter by any employing agency,
1069	as defined herein, whose primary responsibility is the emergency
1070	response to fires and other emergencies, the prevention and
1071	extinguishment of fires, the protection and saving of life and
1072	property, and the enforcement of municipal, county, and state
1073	fire prevention codes, as well as of any law pertaining to the
1074	prevention and control of fires.
1075	(9) "Firefighter I" means the classification for a person
1076	who has successfully completed the firefighter I training
1077	program and is certified at level I in accordance with the
1078	division's rules.
1079	(10) "Firefighter II" means the classification for a
1080	person who has successfully completed the firefighter II
1081	training program and is certified at level II in accordance with
1082	the division's rules. Firefighter II classification is the
1083	minimum level of certification to function as a career
1084	firefighter.
1085	Section 13. Section 633.34, Florida Statutes, is amended
1086	to read:
1087	633.34 Firefighters; qualifications for employment.-
1088	(1) Any individual person applying for employment or
1089	training as a firefighter must:
1090	(a)(1) Be a high school graduate or the equivalent, as the
1091	term may be determined by the division, and at least 18 years of
1092	age.
1093	(b)(2) Not Neither have been found guilty convicted of or
1094	pled guilty or a felony or of a misdemeanor directly related to
1095	the position of employment sought, nor have pled nolo contendere
1096	to any charge of a felony or a crime punishable by imprisonment
1097	of 1 year or more under the laws of the United States or of any
1098	state thereof or under the laws of any other country. If an
1099	applicant has been convicted of a felony, such applicant must be
1100	in compliance with s. 112.011(2)(b). If an applicant has been
1101	convicted of a misdemeanor directly related to the position of
1102	employment sought, such applicant shall be excluded from
1103	employment for a period of 4 years after expiration of sentence.
1104	If the sentence is suspended or adjudication is withheld in a
1105	felony charge or in a misdemeanor directly related to the
1106	position or employment sought and a period of probation is
1107	imposed, the applicant must have been released from probation.
1108	(c)(3) Have paid the required fee for fingerprint
1109	processing and submitted fingerprints as directed by the
1110	division. Submit a fingerprint card to the division with a
1111	current processing fee. The fingerprints shall fingerprint card
1112	will be forwarded to the Department of Law Enforcement and
1113	and/or the Federal Bureau of Investigation for analysis pursuant
1114	to s. 624.34.
1115	(4) Have a good moral character as determined by
1116	investigation under procedure established by the division.
1117	(d)(5) Be in good physical condition as determined by a
1118	recent medical examination, conducted in accordance with the
1119	medical requirements for training and certification as set forth
1120	in rules adopted by the division, given by a physician, surgeon,
1121	or physician assistant licensed to practice in the state
1122	pursuant to chapter 458; an osteopathic physician, surgeon, or
1123	physician assistant licensed to practice in the state pursuant
1124	to chapter 459; or an advanced registered nurse practitioner
1125	licensed to practice in the state pursuant to chapter 464. Such
1126	examination may include, but need not be limited to, provisions
1127	of the National Fire Protection Association Standard 1582.
1128	Results of such A medical examination evidencing good physical
1129	condition shall be submitted to the division, on a form as
1130	provided by rule, before an individual is eligible for admission
1131	into a firefighter training program as defined in s. 633.35.
1132	(e)(6) Be a nonuser of tobacco or tobacco products for at
1133	least 1 year immediately preceding application or employment or
1134	commencement of training for certification as a career
1135	firefighter, as evidenced by the sworn affidavit of the
1136	applicant. A career firefighter certified after December 31,
1137	2010, must be a nonuser of tobacco as a condition of employment.
1138	(2) An individual who does not hold a fire service aide,
1139	firefighter I, or firefighter II certificate may not engage in
1140	any operations that require the knowledge and skills taught in
1141	the training programs established by the division, regardless of
1142	volunteer or employment status.
1143	Section 14. Section 633.35, Florida Statutes, is amended
1144	to read:
1145	633.35 Firefighter training and certification.-
1146	(1) The division shall adopt rules to establish a
1147	firefighter training programs for certification as a fire
1148	service aide, a firefighter I, and a firefighter II, to be
1149	program of not less than 360 hours, administered by such
1150	agencies and institutions approved by the division in accordance
1151	with division rules as it approves for the purpose of providing
1152	basic employment training for firefighters. Nothing herein shall
1153	require a public employer to pay the cost of such training.
1154	Certificates of compliance previously issued by this state that
1155	do not identify Level I or Level II but that comply with the
1156	requirements of ss. 633.351 and 633.352 shall remain in effect.
1157	(2) The division shall issue certificates a certificate of
1158	compliance for certification as a fire service aide, a
1159	firefighter I, and a firefighter II to any individual person who
1160	has satisfactorily completed complying with the training
1161	programs program established in subsection (1), who has
1162	successfully passed an examination as prescribed by the
1163	division, and who possesses the qualifications specified for
1164	employment in s. 633.34, except s. 633.34(5). An individual No
1165	person may not be employed as a career regular or permanent
1166	firefighter by an employing agency, or by a private entity under
1167	contract with the state or any political subdivision of the
1168	state, including authorities and special districts, unless the
1169	individual is certified as a firefighter II, except for an
1170	individual hired to be trained and become certified as a
1171	firefighter II. An individual hired to be trained and become
1172	certified as a firefighter II has no longer than for a period of
1173	time in excess of 1 year after from the date of initial
1174	employment to obtain the firefighter II until he or she has
1175	obtained such certificate of compliance. An individual A person
1176	who does not hold a firefighter II certificate of compliance and
1177	is employed under this section may not directly engage in
1178	hazardous operations, such as interior structural firefighting
1179	and hazardous-materials-incident mitigation, requiring the
1180	knowledge and skills taught in a training program established in
1181	subsection (1). However, a current member of an employing agency
1182	person who is certified as a fire service aide or a firefighter
1183	I has served as a volunteer firefighter with the state or any
1184	political subdivision of the state, including authorities and
1185	special districts, who is then employed as a career regular or
1186	permanent firefighter by the same employing agency may function,
1187	during this initial 1-year period, in the same capacity in which
1188	he or she acted prior to being employed as a career firefighter
1189	by the employing agency as a volunteer firefighter, provided
1190	that he or she has completed all training required by the
1191	volunteer organization.
1192	(3) The division may issue a certificate of compliance as
1193	a firefighter I or firefighter II to any individual person who
1194	has received basic employment training for firefighters in
1195	another state when the division has determined that such
1196	training was at least equivalent to that required by the
1197	division for approved firefighter education and training
1198	programs in this state and when such person has satisfactorily
1199	complied with all other requirements of this section.
1200	(4) The division may also issue a Fire Service
1201	Administrative and Command Head special certificate to an
1202	individual a person who received training in another state and
1203	is otherwise qualified under this section and who is employed as
1204	the administrative and command head of a fire/rescue/emergency
1205	services organization, based on the acknowledgment that such
1206	individual person is less likely to need physical dexterity and
1207	more likely to need advanced knowledge of firefighting and
1208	supervisory skills. For purposes of this subsection:
1209	(a) The certificate is valid only while the individual
1210	person is serving in a position as an administrative and command
1211	head of a fire/rescue/emergency services organization.
1212	(b) The certificateholder is limited at emergency scenes
1213	to command and control functions.
1214	(c) From the date of being hired, the individual has 1
1215	year to acquire the certificate. During the period from being
1216	hired to the issuance of the special certificate, the individual
1217	may operate only in an administrative capacity and may not
1218	engage in any emergency activity including command and control
1219	functions at such emergencies.
1220	(d) If at the end of the 1-year period, the individual has
1221	not acquired the certificate, the employing agency shall
1222	terminate the employment of the individual or submit an
1223	affidavit approved by the division attesting that the individual
1224	functions only in an administrative capacity.
1225	(5)(4) An applicant A person who fails a required an
1226	examination given under this section may retake the examination
1227	once within 6 months after the original examination date. An
1228	applicant who does not pass retake the examination within such
1229	time must repeat or take the applicable training program take
1230	the Minimum Standards Course, pursuant to subsection (1), before
1231	being reexamined. The division may establish reasonable
1232	preregistration deadlines for such reexaminations.
1233	(6)(5) Pursuant to s. 590.02(1)(e), the division shall
1234	establish a structural fire training program of not less than 40
1235	hours. The division shall issue to any person satisfactorily
1236	complying with this training program and who has successfully
1237	passed an examination as prescribed by the division and who has
1238	met the requirements of s. 590.02(1)(e) a Certificate of
1239	Forestry Firefighter.
1240	(7)(6) A certified forestry firefighter is entitled to the
1241	same rights, privileges, and benefits provided for by law as a
1242	career certified firefighter.
1243	Section 15. Section 633.351, Florida Statutes, is amended
1244	to read:
1245	633.351 Disciplinary action; firefighters; standards for
1246	revocation of certification.-
1247	(1) The certification of a firefighter shall be revoked by
1248	the department if evidence is found that the certification was
1249	improperly issued by the division or if evidence is found that
1250	the certification was issued on the basis of false, incorrect,
1251	incomplete, or misleading information.
1252	(2) The department shall revoke the certification of a
1253	firefighter who has been found guilty of, or pled guilty or nolo
1254	contendere to, any felony or a crime punishable by imprisonment
1255	of 1 year or more under the laws of the United States or any
1256	state of the United States or under the laws of any other
1257	country, without regard to whether a judgment of conviction has
1258	been entered or adjudication has been withheld by the court
1259	having jurisdiction of the case is convicted of a felony, or who
1260	is convicted of a misdemeanor relating to misleading or false
1261	statements, or who pleads nolo contendere to any charge of a
1262	felony shall be revoked until the firefighter complies with s.
1263	112.011(2)(b). However, if sentence upon such felony or such
1264	misdemeanor charge is suspended or adjudication is withheld, the
1265	firefighter's certification shall be revoked until she or he
1266	completes any probation.
1267	(3) If a firefighter certification is revoked, all
1268	certifications issued in accordance with s. 633.33 held by the
1269	individual shall also be revoked.
1270	(4) The division shall adopt rules setting forth the
1271	conditions under which an individual whose certificate has been
1272	revoked can be issued a new certificate of compliance.
1273	Section 16. Section 633.352, Florida Statutes, is amended
1274	to read:
1275	633.352 Retention of firefighter certification.-
1276	(1) Any certified firefighter who has not been active as a
1277	firefighter, or as a volunteer firefighter with an organized
1278	fire department, for a period of at least 3 years but less than
1279	6 years shall be required to retake and pass the written and
1280	practical portions portion of the minimum standards state
1281	examination specified in division rules rule 4A-37.056(6)(b),
1282	Florida Administrative Code, in order to maintain her or his
1283	certification as a firefighter; however, this requirement does
1284	not apply to state-certified instructors, as determined by the
1285	division. The 3-year period begins on the date the certificate
1286	of compliance is issued or upon termination of service with an
1287	organized fire department.
1288	(2) The certification of a firefighter who has not been
1289	active as a firefighter with an organized fire department for
1290	more than 6 years automatically expires. To acquire
1291	certification, the individual must comply with current
1292	curriculum and certification requirements as defined in division
1293	rules.
1294	(3) The 3-year and 6-year periods, as applicable, begin on
1295	the date the firefighter I or firefighter II certificate of
1296	compliance is issued or upon the date of termination of service
1297	with an organized fire department.
1298	(4) A certified firesafety inspector employed or under
1299	contract as a firesafety inspector for any agency set forth in
1300	s. 633.081(1) and a certified active fire instructor who is also
1301	a certified firefighter retains his or her firefighter
1302	certification as provided by division rule.
1303	Section 17. Subsections (1), (2), (3), and (4) of section
1304	633.382, Florida Statutes, are amended to read:
1305	633.382 Career firefighters; supplemental compensation.-
1306	(1) DEFINITION DEFINITIONS.-As used in this section, the
1307	term "accredited" means having received accreditation from an
1308	accrediting agency that is recognized by the United States
1309	Department of Education.:
1310	(a) "Employing agency" means any municipality or any
1311	county, the state, or any political subdivision of the state,
1312	including authorities and special districts employing
1313	firefighters.
1314	(b) "Firefighter" means any person who meets the
1315	definition of the term "firefighter" in s. 633.30(1) who is
1316	certified in compliance with s. 633.35 and who is employed
1317	solely within the fire department of the employing agency or is
1318	employed by the division.
1319	(2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.-
1320	(a) In addition to the compensation now paid by an
1321	employing agency to a career any firefighter, except a career
1322	firefighter employed by a private entity under contract to
1323	provide services to a municipality or county, the state, or any
1324	political subdivision of the state, including authorities and
1325	special districts, every career firefighter shall be paid
1326	supplemental compensation by the employing agency when such
1327	firefighter has complied with one of the following criteria:
1328	1. Any career firefighter who receives an associate degree
1329	from an accredited a college, which degree is applicable to fire
1330	department duties, as outlined in policy guidelines of the
1331	division, shall be additionally compensated as outlined in
1332	paragraph (3)(a).
1333	2. Any career firefighter, regardless of whether or not
1334	she or he earned an associate degree earlier, who receives from
1335	an accredited college or university a bachelor's degree, which
1336	bachelor's degree is applicable to fire department duties, as
1337	outlined in policy guidelines of the division, shall receive
1338	compensation as outlined in paragraph (3)(b).
1339	(b) Whenever any question arises as to the eligibility of
1340	any career firefighter to receive supplemental compensation as
1341	provided in this section, the question, together with all facts
1342	relating thereto, shall be submitted to the division for
1343	determination, and the decision of the division with regard to
1344	determination of eligibility shall be final, subject to the
1345	provisions of chapter 120.
1346	(3) SUPPLEMENTAL COMPENSATION.-Supplemental compensation
1347	shall be determined as follows:
1348	(a) Fifty dollars shall be paid monthly to each career
1349	firefighter who qualifies under the provisions of subparagraph
1350	(2)(a)1.
1351	(b) One hundred and ten dollars shall be paid monthly to
1352	each career firefighter who qualifies under the provisions of
1353	subparagraph (2)(a)2.
1354	(4) FUNDING.-
1355	(a) The employing agency is responsible for the correct
1356	payment of career firefighters pursuant to the provisions of
1357	this section. The division may review, in a postaudit capacity,
1358	any action taken by an agency in administering the educational
1359	incentive program. The employing agency shall take appropriate
1360	action when a postaudit shows that an action taken by the
1361	employing agency was in error.
1362	(b) Each agency employing career firefighters who are
1363	eligible for this compensation shall submit reports containing
1364	information relating to compensation paid as a result of this
1365	section to the division on March 31, June 30, September 30, and
1366	December 31 of each year.
1367	(c) There is appropriated from the Police and
1368	Firefighter's Premium Tax Trust Fund to the Firefighters'
1369	Supplemental Compensation Trust Fund, which is hereby created
1370	under the Department of Revenue, all moneys which have not been
1371	distributed to municipalities and special fire control districts
1372	in accordance with s. 175.121 as a result of the limitation
1373	contained in s. 175.122 on the disbursement of revenues
1374	collected pursuant to chapter 175 or as a result of any
1375	municipality or special fire control district not having
1376	qualified in any given year, or portion thereof, for
1377	participation in the distribution of the revenues collected
1378	pursuant to chapter 175. The total required annual distribution
1379	from the Firefighters' Supplemental Compensation Trust Fund
1380	shall equal the amount necessary to pay supplemental
1381	compensation as provided in this section, provided that:
1382	1. Any deficit in the total required annual distribution
1383	shall be made up from accrued surplus funds existing in the
1384	Firefighters' Supplemental Compensation Trust Fund on June 30,
1385	1990, for as long as such funds last. If the accrued surplus is
1386	insufficient to cure the deficit in any given year, the
1387	proration of the appropriation among the counties,
1388	municipalities, and special fire service taxing districts shall
1389	equal the ratio of compensation paid in the prior year to
1390	county, municipal, and special fire service taxing district
1391	career firefighters pursuant to this section. This ratio shall
1392	be provided annually to the Department of Revenue by the
1393	Division of State Fire Marshal. Surplus funds that have accrued
1394	or accrue on or after July 1, 1990, shall be redistributed to
1395	municipalities and special fire control districts as provided in
1396	subparagraph 2.
1397	2. By October 1 of each year, any funds that have accrued
1398	or accrue on or after July 1, 1990, and remain in the
1399	Firefighters' Supplemental Compensation Trust Fund following the
1400	required annual distribution shall be redistributed by the
1401	Department of Revenue pro rata to those municipalities and
1402	special fire control districts identified by the Department of
1403	Management Services as being eligible for additional funds
1404	pursuant to s. 175.121(3)(b).
1405	(d) Salary incentive payments to career firefighters shall
1406	commence in the first full calendar month following the initial
1407	date of certification of eligibility by the Division of State
1408	Fire Marshal.
1409	(e) Special fire service taxing districts are authorized
1410	and empowered to expend the funds necessary to ensure correct
1411	payment to career firefighters.
1412	Section 18. Paragraph (e) of subsection (2) and
1413	subsections (3) and (10) of section 633.521, Florida Statutes,
1414	are amended to read:
1415	633.521 Certificate application and issuance; permit
1416	issuance; examination and investigation of applicant.-
1417	(2)
1418	(e) An applicant may not be examined more than four times
1419	during 1 year for certification as a contractor pursuant to this
1420	section unless the person is or has been certified and is taking
1421	the examination to change classifications. If an applicant does
1422	not pass one or more parts of the examination, she or he may
1423	take any part of the examination three more times during the 1-
1424	year period beginning upon the date she or he originally filed
1425	an application to take the examination. If the applicant does
1426	not pass the examination within that 1-year period, she or he
1427	must file a new application and pay the application and
1428	examination fees in order to take the examination or a part of
1429	the examination again. However, the applicant may not file a new
1430	application sooner than 6 months after the date of her or his
1431	last examination. An applicant who passes the examination but
1432	does not meet the remaining qualifications as provided in
1433	applicable statutes and rules within 1 year after the
1434	application date must file a new application, pay the
1435	application and examination fee, successfully complete a
1436	prescribed training course approved by the State Fire College or
1437	an equivalent court approved by the State Fire Marshal, and
1438	retake and pass the written examination.
1439	(3)(a)1. As a prerequisite to taking the examination for
1440	certification as a Contractor I, Contractor II, or Contractor
1441	III, the applicant must be at least 18 years of age, be of good
1442	moral character, and shall possess 4 years' proven experience in
1443	the employment of a fire protection system Contractor I,
1444	Contractor II, or Contractor III or a combination of equivalent
1445	education and experience in both water-based and chemical fire
1446	suppression systems.
1447	2. As a prerequisite to taking the examination for
1448	certification as a Contractor II, the applicant must be at least
1449	18 years of age, be of good moral character, and have 4 years'
1450	proven experience in the employment of a fire protection system
1451	Contractor I or Contractor II or a combination of equivalent
1452	education and experience in water-based fire suppression
1453	systems.
1454	3. As a prerequisite to taking the examination for
1455	certification as a Contractor III, the applicant must be at
1456	least 18 years of age, be of good moral character, and have 4
1457	years' proven experience in the employment of a fire protection
1458	system Contractor I or Contractor III or a combination of
1459	equivalent education and experience in chemical fire suppression
1460	systems.
1461	4. As a prerequisite to taking the examination for
1462	certification as a Contractor IV, the applicant must shall be at
1463	least 18 years old, be of good moral character, and have at
1464	least 2 years' proven experience in the employment of a fire
1465	protection system Contractor I, Contractor II, or Contractor IV
1466	or a combination of equivalent education and experience.
1467	5. As a prerequisite to taking the examination for
1468	certification as a Contractor IV, the applicant must shall be at
1469	least 18 years old, be of good moral character, and have at
1470	least 2 years' proven experience in the employment of a fire
1471	protection system Contractor I, Contractor II, Contractor III,
1472	or Contractor IV or combination of equivalent education and
1473	experience which combination need not include experience in the
1474	employment of a fire protection system contractor.
1475	6. As a prerequisite to taking the examination for
1476	certification as a Contractor V, the applicant, including any
1477	applicant certified as a general contractor pursuant to chapter
1478	489, must shall be at least 18 years old, be of good moral
1479	character, and have been licensed as a certified underground
1480	utility and excavation contractor or plumbing contractor
1481	pursuant to chapter 489, have verification by an individual who
1482	is licensed as a certified utility contractor or plumbing
1483	contractor pursuant to chapter 489 that the applicant has 4
1484	years' proven experience in the employ of a certified
1485	underground utility and excavation contractor or plumbing
1486	contractor, or have a combination of education and experience
1487	equivalent to 4 years' proven experience in the employ of a
1488	certified underground utility and excavation contractor or
1489	plumbing contractor.
1490	(b) Required education and experience for Contractor I,
1491	Contractor II, Contractor III, and Contractor IV certifications
1492	includes training and experience in both the installation and
1493	system layout as defined in s. 633.021(15).
1494	(c) Within 30 days after the date of the examination, the
1495	State Fire Marshal shall inform the applicant in writing whether
1496	she or he has qualified or not and, if the applicant has
1497	qualified, that she or he is ready to issue a certificate of
1498	competency, subject to compliance with the requirements of
1499	subsection (4).
1500	(10) Effective July 1, 2008, the State Fire Marshal shall
1501	require the National Institute of Certification in Engineering
1502	Technologies (NICET), Sub-field of Inspection and Testing of
1503	Fire Protection Systems Level II or equivalent training and
1504	education as determined by the division as proof that the
1505	permitholders are knowledgeable about nationally accepted
1506	standards for the inspection of fire protection systems. It is
1507	the intent of this act, from July 1, 2005, until July 1, 2008,
1508	to accept continuing education of all certificateholders'
1509	employees who perform inspection functions which specifically
1510	prepares the permitholder to qualify for NICET II certification.
1511	Section 19. Subsection (3) is added to section 633.524,
1512	Florida Statutes, to read:
1513	633.524 Certificate and permit fees; examinations and
1514	fees; use and deposit of collected funds.-
1515	(3) The State Fire Marshal may enter into a contract with
1516	any qualified public entity or private company in accordance
1517	with chapter 287 to provide examinations for any applicant for
1518	any examination administered under the jurisdiction of the State
1519	Fire Marshal. The State Fire Marshal may direct payments from
1520	each applicant for each examination directly to such contracted
1521	entity or company.
1522	Section 20. Subsection (4) of section 633.537, Florida
1523	Statutes, is amended to read:
1524	633.537 Certificate; expiration; renewal; inactive
1525	certificate; continuing education.-
1526	(4) The renewal period for the permit class is the same as
1527	that for the employing certificateholder. The continuing
1528	education requirements for permitholders are what is required to
1529	maintain NICET Sub-field of Inspection and Testing of Fire
1530	Protection Systems Level II or higher certification plus 8
1531	contact hours of continuing education during each biennial
1532	renewal period thereafter. The continuing education curriculum
1533	from July 1, 2005, until July 1, 2008, shall be the preparatory
1534	curriculum for NICET II certification; after July 1, 2008, the
1535	technical curriculum is at the discretion of the State Fire
1536	Marshal and may be used to meet the maintenance of NICET Level
1537	II certification and 8 contact hours of continuing education
1538	requirements. It is the responsibility of the permitholder to
1539	maintain NICET II certification as a condition of permit renewal
1540	after July 1, 2008.
1541	Section 21. Subsection (4) of section 633.72, Florida
1542	Statutes, is amended to read:
1543	633.72 Florida Fire Code Advisory Council.-
1544	(4) Each appointee shall serve a 4-year term. A No member
1545	may not shall serve more than two consecutive terms one term. No
1546	member of the council shall be paid a salary as such member, but
1547	each shall receive travel and expense reimbursement as provided
1548	in s. 112.061.
1549	Section 22. Section 633.811, Florida Statutes, is amended
1550	to read:
1551	633.811 Firefighter employer penalties.-
1552	(1) If any firefighter employer violates or fails or
1553	refuses to comply with ss. 633.801-633.821, or with any rule
1554	adopted by the division under such sections in accordance with
1555	chapter 120 for the prevention of injuries, accidents, or
1556	occupational diseases or with any lawful order of the division
1557	in connection with ss. 633.801-633.821, or fails or refuses to
1558	furnish or adopt any safety device, safeguard, or other means of
1559	protection prescribed by division rule under ss. 633.801-633.821
1560	for the prevention of accidents or occupational diseases, the
1561	division may:
1562	(a) Issue an administrative cease and desist order,
1563	enforceable in the circuit court of the jurisdiction in which
1564	the violation is occurring or has occurred.
1565	(b) In a proceeding initiated pursuant to chapter 120,
1566	assess against the firefighter employer an administrative a
1567	civil penalty of not less than $100 nor more than $5,000 for
1568	each day the violation, omission, failure, or refusal continues
1569	after the firefighter employer has been given written notice of
1570	such violation, omission, failure, or refusal. The total penalty
1571	for each violation shall not exceed $50,000. The division shall
1572	adopt rules requiring penalties commensurate with the frequency
1573	or severity of safety violations. A hearing shall be held in
1574	Leon County the county in which the violation, omission,
1575	failure, or refusal is alleged to have occurred, unless
1576	otherwise agreed to by the firefighter employer and authorized
1577	by the division. All penalties assessed and collected under this
1578	section shall be deposited in the Insurance Regulatory Trust
1579	Fund.
1580	(2) An administrative cease and desist order or proceeding
1581	may not be initiated and a fine may not accrue until after the
1582	firefighter employer has been notified in writing of the nature
1583	of the violation and has been afforded a reasonable period of
1584	time, as set forth in the notice, to correct the violation and
1585	has failed to do so.
1586	Section 23. Subsection (3) of section 633.821, Florida
1587	Statutes, is amended to read:
1588	633.821 Workplace safety.-
1589	(3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
1590	individuals located outside the immediately dangerous to life
1591	and health atmosphere may be assigned to an additional role,
1592	such as incident commander, pumper operator, engineer, or
1593	driver, so long as such individual is able to immediately
1594	perform assistance or rescue activities without jeopardizing the
1595	safety or health of any firefighter working at an incident. Also
1596	with respect to 29 C.F.R. s. 1910.134(g)(4):
1597	(a) Each county, municipality, and special district shall
1598	implement such provision by April 1, 2002, except as provided in
1599	paragraphs (b) and (c).
1600	(b) If any county, municipality, or special district is
1601	unable to implement such provision by April 1, 2002, without
1602	adding additional personnel to its firefighting staff or
1603	expending significant additional funds, such county,
1604	municipality, or special district shall have an additional 6
1605	months within which to implement such provision. Such county,
1606	municipality, or special district shall notify the division that
1607	the 6-month extension to implement such provision is in effect
1608	in such county, municipality, or special district within 30 days
1609	after its decision to extend the time for the additional 6
1610	months. The decision to extend the time for implementation shall
1611	be made prior to April 1, 2002.
1612	(c) If, after the extension granted in paragraph (b), the
1613	county, municipality, or special district, after having worked
1614	with and cooperated fully with the division and the Firefighters
1615	Employment, Standards, and Training Council, is still unable to
1616	implement such provisions without adding additional personnel to
1617	its firefighting staff or expending significant additional
1618	funds, such municipality, county, or special district shall be
1619	exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
1620	However, each year thereafter the division shall review each
1621	such county, municipality, or special district to determine if
1622	such county, municipality, or special district has the ability
1623	to implement such provision without adding additional personnel
1624	to its firefighting staff or expending significant additional
1625	funds. If the division determines that any county, municipality,
1626	or special district has the ability to implement such provision
1627	without adding additional personnel to its firefighting staff or
1628	expending significant additional funds, the division shall
1629	require such county, municipality, or special district to
1630	implement such provision. Such requirement by the division under
1631	this paragraph constitutes final agency action subject to
1632	chapter 120.
1633	Section 24. Paragraph (e) of subsection (1) of section
1634	218.23, Florida Statutes, is amended to read:
1635	218.23 Revenue sharing with units of local government.-
1636	(1) To be eligible to participate in revenue sharing
1637	beyond the minimum entitlement in any fiscal year, a unit of
1638	local government is required to have:
1639	(e) Certified that persons in its employ as career
1640	firefighters, as defined in s. 633.30(1), meet the qualification
1641	for employment as established by the Division of State Fire
1642	Marshal pursuant to the provisions of ss. 633.34 and 633.35 and
1643	that the provisions of s. 633.382 have been met.
1644
1645	Additionally, to receive its share of revenue sharing funds, a
1646	unit of local government shall certify to the Department of
1647	Revenue that the requirements of s. 200.065, if applicable, were
1648	met. The certification shall be made annually within 30 days of
1649	adoption of an ordinance or resolution establishing a final
1650	property tax levy or, if no property tax is levied, not later
1651	than November 1. The portion of revenue sharing funds which,
1652	pursuant to this part, would otherwise be distributed to a unit
1653	of local government which has not certified compliance or has
1654	otherwise failed to meet the requirements of s. 200.065 shall be
1655	deposited in the General Revenue Fund for the 12 months
1656	following a determination of noncompliance by the department.
1657	Section 25. Paragraph (b) of subsection (4) of section
1658	447.203, Florida Statutes, is amended to read:
1659	447.203 Definitions.-As used in this part:
1660	(4) "Managerial employees" are those employees who:
1661	(b) Serve as police chiefs, fire chiefs, or directors of
1662	public safety of any police, fire, or public safety department.
1663	Other police officers, as defined in s. 943.10(1), and career
1664	firefighters, as defined in s. 633.30(1), may be determined by
1665	the commission to be managerial employees of such departments.
1666	In making such determinations, the commission shall consider, in
1667	addition to the criteria established in paragraph (a), the
1668	paramilitary organizational structure of the department
1669	involved.
1670
1671	However, in determining whether an individual is a managerial
1672	employee pursuant to either paragraph (a) or paragraph (b),
1673	above, the commission may consider historic relationships of the
1674	employee to the public employer and to coemployees.
1675	Section 26. Subsection (22) of section 489.103, Florida
1676	Statutes, is amended to read:
1677	489.103 Exemptions.-This part does not apply to:
1678	(22) A person licensed pursuant to s. 633.061(1)(a)4.(d)
1679	or (2)(a)2.(b) performing work authorized by such license.
1680	Section 27. Paragraph (d) of subsection (1) of section
1681	590.02, Florida Statutes, is amended to read:
1682	590.02 Division powers, authority, and duties; liability;
1683	building structures; Florida Center for Wildfire and Forest
1684	Resources Management Training.-
1685	(1) The division has the following powers, authority, and
1686	duties:
1687	(d) To appoint center managers, forest area supervisors,
1688	forestry program administrators, a forest protection bureau
1689	chief, a forest protection assistant bureau chief, a field
1690	operations bureau chief, deputy chiefs of field operations,
1691	district managers, senior forest rangers, investigators, forest
1692	rangers, firefighter rotorcraft pilots, and other employees who
1693	may, at the division's discretion, be certified as forestry
1694	firefighters pursuant to s. 633.35(5)(4). Other provisions of
1695	law notwithstanding, center managers, district managers, forest
1696	protection assistant bureau chief, and deputy chiefs of field
1697	operations shall have Selected Exempt Service status in the
1698	state personnel designation;
1699	Section 28. Subsection (8) of section 1013.12, Florida
1700	Statutes, is amended to read:
1701	1013.12 Casualty, safety, sanitation, and firesafety
1702	standards and inspection of property.-
1703	(8) ANNUAL REPORT.-The State Fire Marshal shall publish an
1704	annual report to be filed with the substantive committees of the
1705	state House of Representatives and Senate having jurisdiction
1706	over education, the Commissioner of Education or his or her
1707	successor, the State Board of Education, the Board of Governors,
1708	and the Governor documenting the status of each board's
1709	firesafety program, including the improvement or lack thereof.
1710	Section 29. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.