January 28, 2021
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_h0401__
HB 401

1
A bill to be entitled
2An act relating to the State Fire Marshal; amending s.
3633.021, F.S.; revising definitions; amending s. 633.022,
4F.S.; requiring application of uniform firesafety
5standards to state universities; amending s. 633.025,
6F.S.; providing authority and requirements for completion
7of plans for and inspection of manufactured buildings at
8the point of manufacture under certain circumstances;
9providing for associated costs to be borne by the
10manufacturer; authorizing the Department of Financial
11Services to adopt rules; amending s. 633.026, F.S.;
12providing legislative intent; requiring the State Fire
13Marshal to establish a Fire Code Interpretation Committee
14for certain purposes; providing eligibility requirements
15for committee members; providing requirements for
16nonbinding interpretations of the Florida Fire Prevention
17Code; deleting certain legislative intent provisions;
18requiring the Division of State Fire Marshal to charge
19fees for nonbinding interpretations; authorizing payment
20of fees directly to certain contracted parties; providing
21for referral of disputed interpretations to the State Fire
22Marshal for formal interpretation; providing requirements
23for State Fire Marshal issuance of nonbinding code
24interpretations; specifying nonbinding interpretation
25petition requirements; providing procedural requirements
26for committee review and resolution of petitions;
27providing for issuance of interpretations by the
28committee; providing for formal interpretations by the
29State Fire Marshal of disputed interpretations; amending
30s. 633.027, F.S.; specifying nonapplication of
31requirements for light-frame truss-type buildings to
32certain townhouses; amending s. 633.061, F.S.; providing
33requirements and procedures for certain fire equipment
34dealers wishing to withdraw a previously filed halon
35equipment exemption affidavit; requiring fees; revising
36continuing education requirements for renewal of certain
37fire suppression equipment licenses and permits; providing
38equipment inspection requirements for license applicants
39with facilities outside this state; deleting provisions
40relating to license examinations and applications after
41failing certain examinations; providing requirements for
42licensed fire equipment dealers to downgrade certain
43licenses, including a fee; requiring certain applicants to
44undertake a completely new application process under
45certain circumstances and satisfy certain requirements;
46amending s. 633.071, F.S.; revising State Fire Marshal
47rulemaking authority relating to specifications for
48standard service tags for certain equipment; amending s.
49633.081, F.S.; revising requirements and procedures for
50inspections of buildings and equipment; revising
51eligibility requirements for firesafety inspection
52personnel; abolishing special state firesafety inspector
53classifications and certifications; providing criteria,
54procedures, and requirements for special state firesafety
55inspectors to be certified as firesafety inspectors;
56authorizing the State Fire Marshal to develop an advanced
57training and certification program for certain firesafety
58inspectors; specifying program requirements; requiring the
59State Fire Marshal and the Florida Building Code
60Administrators and Inspectors Board to enter into a
61reciprocity agreement to recognize certain continuing
62education recertification hours for certain purposes;
63amending s. 633.082, F.S.; specifying required procedures
64for inspections of certain alarm systems, fire control
65systems, fire hydrants, and fire protection systems;
66requiring owners to replace fire sprinkler heads subject
67to government-mandated recalls; amending s. 633.085, F.S.;
68revising provisions relating to state buildings subject to
69inspections by the State Fire Marshal; amending s.
70633.161, F.S.; providing an additional violation subject
71to certain cease and desist orders; providing that
72violation of or failure to comply with such an order is a
73misdemeanor subject to certain penalties; amending s.
74633.30, F.S.; revising definitions for standards for
75firefighting; amending s. 633.34, F.S.; revising
76qualifications for employment of firefighters; amending s.
77633.35, F.S.; requiring the Division of State Fire Marshal
78to adopt rules establishing firefighter training programs
79for certain firefighting personnel; providing requirements
80and authority for certifications of certain firefighting
81personnel; authorizing the division to issue a Fire
82Service Administrative and Command Head certificate to
83certain persons for certain purposes; providing
84requirements and limitations; revising examination
85requirements; amending s. 633.351, F.S.; revising
86requirements, procedures, and standards for revocation of
87firefighter certification; requiring the division to adopt
88rules; amending s. 633.352, F.S.; revising requirements
89for retention of firefighter certification; amending s.
90633.382, F.S.; revising definitions relating to
91supplemental compensation for career firefighters;
92revising qualifications for supplemental compensation;
93amending s. 633.521, F.S.; requiring certain applicants to
94undertake a completely new application process under
95certain circumstances and satisfy certain requirements;
96revising qualification and eligibility prerequisites for
97taking examinations for certifications of certain
98contractors; deleting an intent provision; amending s.
99633.524, F.S.; authorizing the State Fire Marshal to enter
100into contracts with qualified entities to provide certain
101examinations; authorizing the State Fire Marshal to direct
102payments from examination applicants directly to the
103contracted entity or company; amending s. 633.537, F.S.;
104deleting an obsolete continuing education curriculum
105requirement; amending s. 633.72, F.S.; providing for
106members of the Florida Fire Code Advisory Council to serve
107for two terms; amending s. 633.811, F.S.; authorizing the
108division to issue administrative cease and desist orders
109for certain violations under certain circumstances;
110requiring certain hearings to be held in Leon County;
111prohibiting the initiation of cease and desist orders or
112proceedings or the accrual of certain fines until after
113provision of notification and opportunity to correct a
114violation; amending s. 633.821, F.S.; deleting certain
115obsolete workplace safety provisions; amending ss. 218.23
116and 447.203, F.S.; conforming provisions relating to
117application to career firefighters; amending ss. 489.103
118and 590.02, F.S.; conforming cross-references; amending s.
1191013.12, F.S.; deleting an annual reporting requirement of
120the State Fire Marshal; providing an effective date.
121
122Be 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
129limited to the execution of contracts requiring the ability to
130lay out, fabricate, install, inspect, alter, repair, and service
131automatic fire sprinkler systems for occupancies protected
132within the scope of the National Fire Protection Association
133publication NFPA 13D, Standard for the Installation of Sprinkler
134Systems in One- and Two-Family Dwellings and Manufactured Homes
135detached one-family dwellings, detached two-family dwellings,
136and mobile homes, excluding preengineered systems and excluding
137single-family homes in cluster units, such as apartments,
138condominiums, and assisted living facilities or any building
139that is connected to other dwellings.
140
141The definitions in this subsection must not be construed to
142include fire protection engineers or architects and do not limit
143or prohibit a licensed fire protection engineer or architect
144from designing any type of fire protection system. A distinction
145is made between system design concepts prepared by the design
146professional and system layout as defined in this section and
147typically prepared by the contractor. However, persons certified
148as a Contractor I, Contractor II, or Contractor IV under this
149chapter may design fire protection systems of 49 or fewer
150sprinklers, and may design the alteration of an existing fire
151sprinkler system if the alteration consists of the relocation,
152addition, or deletion of not more than 49 sprinklers,
153notwithstanding the size of the existing fire sprinkler system.
154A Contractor I, Contractor II, or Contractor IV may design a
155fire protection system the scope of which complies with NFPA
15613D, Standard for the Installation of Sprinkler Systems in One-
157and Two-Family Dwellings and Manufactured Homes, as adopted by
158the State Fire Marshal, notwithstanding the number of fire
159sprinklers. Contractor-developed plans may not be required by
160any local permitting authority to be sealed by a registered
161professional engineer.
162     (9)  A "fire protection system" is a system individually
163designed to protect the interior or exterior of a specific
164building or buildings, structure, or other special hazard from
165fire. Such systems include, but are not limited to, water
166sprinkler systems, water spray systems, foam-water sprinkler
167systems, foam-water spray systems, CO2 systems, foam
168extinguishing systems, dry chemical systems, and Halon and other
169chemical systems used for fire protection use. Such systems also
170include any overhead and underground fire mains, fire hydrants
171and hydrant mains, standpipes and hoses connected to sprinkler
172systems, sprinkler tank heaters, air lines, thermal systems used
173in connection with fire sprinkler systems, and tanks and pumps
174connected to fire sprinkler systems.
175     Section 2.  Subsection (1) of section 633.022, Florida
176Statutes, is amended to read:
177     633.022  Uniform firesafety standards.-The Legislature
178hereby determines that to protect the public health, safety, and
179welfare it is necessary to provide for firesafety standards
180governing the construction and utilization of certain buildings
181and structures. The Legislature further determines that certain
182buildings or structures, due to their specialized use or to the
183special characteristics of the person utilizing or occupying
184these buildings or structures, should be subject to firesafety
185standards reflecting these special needs as may be appropriate.
186     (1)  The department shall establish uniform firesafety
187standards that apply to:
188     (a)  All new, existing, and proposed state-owned and state-
189leased buildings, including state universities.
190     (b)  All new, existing, and proposed hospitals, nursing
191homes, assisted living facilities, adult family-care homes,
192correctional facilities, public schools, transient public
193lodging establishments, public food service establishments,
194elevators, migrant labor camps, mobile home parks, lodging
195parks, recreational vehicle parks, recreational camps,
196residential and nonresidential child care facilities, facilities
197for the developmentally disabled, motion picture and television
198special effects productions, tunnels, and self-service gasoline
199stations, of which standards the State Fire Marshal is the final
200administrative interpreting authority.
201
202In the event there is a dispute between the owners of the
203buildings specified in paragraph (b) and a local authority
204requiring a more stringent uniform firesafety standard for
205sprinkler systems, the State Fire Marshal shall be the final
206administrative interpreting authority and the State Fire
207Marshal's interpretation regarding the uniform firesafety
208standards shall be considered final agency action.
209     Section 3.  Subsection (11) is added to section 633.025,
210Florida Statutes, to read:
211     633.025  Minimum firesafety standards.-
212     (11)(a)  The plans for, and inspections of, manufactured
213buildings may be completed at the point of manufacture if:
214     1.  The person reviewing the plans and inspecting the
215manufactured or prototype building is a person currently
216certified as a firesafety inspector under s. 633.081(2); and
217     2.  The manufacturer's modular data plate, stating that the
218building is in compliance with this chapter and the rules of the
219department, has been affixed to the building.
220     (b)  The local fire official shall recognize and approve
221such manufactured building, subject to local fire code
222amendments, acceptable performance testing of life safety
223systems, and site conditions. The cost of any additional work
224necessary to meet these requirements shall be borne by the
225manufacturer. The department may adopt rules to administer this
226subsection.
227     Section 4.  Section 633.026, Florida Statutes, is amended
228to read:
229     633.026  Legislative intent; informal interpretations of
230the Florida Fire Prevention Code.-
231     (1)  It is the intent of the Legislature that:
232     (a)  The Florida Fire Prevention Code be interpreted by
233fire officials and local enforcement agencies in a manner that
234protects the public safety, health, and welfare by ensuring
235uniform interpretations throughout this state and by providing
236processes for resolving disputes regarding such interpretations
237which are just and expeditious.
238     (b)  Such processes provide for the expeditious resolution
239of the issues presented and that the resulting interpretation of
240such issues be published on the website of the Division of State
241Fire Marshal.
242     (2)  The Division of State Fire Marshal shall by rule
243establish an informal process of rendering nonbinding
244interpretations of the Florida Fire Prevention Code. The
245Division of State Fire Marshal may contract with and refer
246interpretive issues to a nonprofit organization that has
247experience in interpreting and enforcing the Florida Fire
248Prevention Code. The Division of State Fire Marshal shall
249immediately implement the process prior to the completion of
250formal rulemaking.
251     (3)(a)  It is the intent of the Legislature that The
252Division of State Fire Marshal shall establish create a Fire
253Code Interpretation Committee composed of seven persons and
254seven alternates, equally representing each area of the state
255process to refer questions to a small group of individuals
256certified under s. 633.081(2), to which a party can pose
257questions regarding the interpretation of Florida Fire
258Prevention Code provisions.
259     (b)  Each member and alternate member of the Fire Code
260Interpretation Committee must be certified as a firesafety
261inspector pursuant to s. 633.081 and must have a minimum of 5
262years of experience interpreting and enforcing the Florida Fire
263Prevention Code and the Life Safety Code. Each member and
264alternate member must be approved by the Division of State Fire
265Marshal and deemed by the division to have met these
266requirements for at least 30 days before participating in a
267review of a nonbinding interpretation.
268     (4)  Each nonbinding interpretation of code provisions must
269be provided within 10 business days after receipt of a request
270for an interpretation. The response period established in this
271subsection may be waived only with the written consent of the
272party requesting the nonbinding interpretation and the Division
273of State Fire Marshal. Nonbinding It is the intent of the
274Legislature that the process provide for the expeditious
275resolution of the issues presented and publication of the
276resulting interpretation on the website of the Division of State
277Fire Marshal. It is the intent of the Legislature that this
278program be similar to the program established by the Florida
279Building Commission in s. 553.775(3)(g). Such interpretations
280shall be advisory only and not binding nonbinding on the parties
281or the State Fire Marshal.
282     (5)  In order to administer this section, the Division of
283State Fire Marshal shall charge department may adopt by rule and
284impose a fee for each nonbinding interpretation interpretations,
285with payment made directly to the third party. The fee may not
286exceed $150 for each request for a review or interpretation. The
287division may authorize payment of fees directly to the nonprofit
288organization under contract pursuant to subsection (2).
289     (6)  A party requesting a nonbinding interpretation who
290disagrees with the interpretation issued under this section may
291apply for a formal interpretation from the State Fire Marshal
292pursuant to s. 633.01(6).
293     (7)  The Division of State Fire Marshal shall issue or
294cause to be issued a nonbinding interpretation of the Florida
295Fire Prevention Code pursuant to this section when requested to
296do so upon submission of a petition by the owner or owner's
297representative, or the contractor or contractor's
298representative, of a project in dispute or by a fire official.
299The division shall adopt a petition form by rule and the
300petition form must be published on the State Fire Marshal's
301website. The form shall, at a minimum, require:
302     (a)  The name and address of the local fire official,
303including the address of the county, municipality, or special
304district.
305     (b)  The name and address of the owner or owner's
306representative or the contractor or contractor's representative.
307     (c)  A statement of the specific sections of the Florida
308Fire Prevention Code being interpreted by the local fire
309official.
310     (d)  An explanation of how the petitioner's substantial
311interests are being affected by the local interpretation of the
312Florida Fire Prevention Code.
313     (e)  A statement of the interpretation of the specific
314sections of the Florida Fire Prevention Code by the local fire
315official.
316     (f)  A statement of the interpretation that the petitioner
317contends should be given to the specific sections of the Florida
318Fire Prevention Code and a statement supporting the petitioner's
319interpretation.
320     (8)  Upon receipt of a petition that meets the requirements
321of subsection (7), the Division of State Fire Marshal shall
322immediately provide copies of the petition to the Fire Code
323Interpretation Committee, and shall publish the petition and any
324response submitted by the local fire official on the State Fire
325Marshal's website.
326     (9)  The committee shall conduct proceedings as necessary
327to resolve the issues and give due regard to the petition, the
328facts of the matter at issue, specific code sections cited, and
329any implications of provisions of state law affecting the
330Florida Fire Prevention Code. The committee shall issue an
331interpretation regarding the provisions of the Florida Fire
332Prevention Code within 10 days after the filing of a petition.
333The committee shall issue an interpretation based upon the
334Florida Fire Prevention Code or, if the code is ambiguous, the
335intent of the code. The committee's interpretation shall be
336provided to the petitioner and shall include a notice that, if
337the petitioner disagrees with the interpretation, the petitioner
338may file a request for formal interpretation by the State Fire
339Marshal under s. 633.01(6). The committee's interpretation shall
340be provided to the State Fire Marshal, and the division shall
341publish the interpretation on the State Fire Marshal's website
342and in the Florida Administrative Weekly.
343     Section 5.  Section 633.027, Florida Statutes, is amended
344to read:
345     633.027  Buildings with light-frame truss-type
346construction; notice requirements; enforcement.-
347     (1)  The owner of any commercial or industrial structure,
348or any multiunit residential structure of three units or more,
349that uses light-frame truss-type construction shall mark the
350structure with a sign or symbol approved by the State Fire
351Marshal in a manner sufficient to warn persons conducting fire
352control and other emergency operations of the existence of
353light-frame truss-type construction in the structure.
354     (2)  The State Fire Marshal shall adopt rules necessary to
355implement the provisions of this section, including, but not
356limited to:
357     (a)  The dimensions and color of such sign or symbol.
358     (b)  The time within which commercial, industrial, and
359multiunit residential structures that use light-frame truss-type
360construction shall be marked as required by this section.
361     (c)  The location on each commercial, industrial, and
362multiunit residential structure that uses light-frame truss-type
363construction where such sign or symbol must be posted.
364     (3)  The State Fire Marshal, and local fire officials in
365accordance with s. 633.121, shall enforce the provisions of this
366section. Any owner who fails to comply with the requirements of
367this section is subject to penalties as provided in s. 633.161.
368     (4)  This section does not apply to townhouses designed and
369constructed in accordance with the Florida Building Code.
370     Section 6.  Subsections (1), (2), and (3) of section
371633.061, Florida Statutes, are amended to read:
372     633.061  Fire suppression equipment; license to install or
373maintain.-
374     (1)(a)  It is unlawful for any organization or individual
375to engage in the business of servicing, repairing, recharging,
376testing, marking, inspecting, installing, or hydrotesting any
377fire extinguisher or preengineered system in this state except
378in conformity with the provisions of this chapter. Each
379organization or individual that engages in such activity must
380possess a valid and subsisting license issued by the State Fire
381Marshal. All fire extinguishers and preengineered systems
382required by statute or by rule must be serviced by an
383organization or individual licensed under the provisions of this
384chapter. A licensee who receives appropriate training shall not
385be prohibited by a manufacturer from servicing any particular
386brand of fire extinguisher or preengineered system. The licensee
387is legally qualified to act for the business organization in all
388matters connected with its business, and the licensee must
389supervise all activities undertaken by such business
390organization. Each licensee shall maintain a specific business
391location. A further requirement, in the case of multiple
392locations where such servicing or recharging is taking place, is
393that each licensee who maintains more than one place of business
394where actual work is carried on must possess an additional
395license, as set forth in this section, for each location, except
396that a licensed individual may not qualify for more than five
397locations. A licensee is limited to a specific type of work
398performed depending upon the class of license held. Licenses and
399license fees are required for the following:
400     1.(a)  Class A....$250
401To service, recharge, repair, install, or inspect all types of
402fire extinguishers and to conduct hydrostatic tests on all types
403of fire extinguishers.
404     2.(b)  Class B....$150
405To service, recharge, repair, install, or inspect all types of
406fire extinguishers, including recharging carbon dioxide units
407and conducting hydrostatic tests on all types of fire
408extinguishers, except carbon dioxide units.
409     3.(c)  Class C....$150
410To service, recharge, repair, install, or inspect all types of
411fire extinguishers, except recharging carbon dioxide units, and
412to conduct hydrostatic tests on all types of fire extinguishers,
413except carbon dioxide units.
414     4.(d)  Class D....$200
415To service, repair, recharge, hydrotest, install, or inspect all
416types of preengineered fire extinguishing systems.
417     5.(e)  Licenses issued as duplicates or to reflect a change
418of address....$10
419     (b)1.  Any fire equipment dealer licensed pursuant to this
420subsection who does not want to engage in the business of
421servicing, inspecting, recharging, repairing, hydrotesting, or
422installing halon equipment must file an affidavit on a form
423provided by the division so stating. Licenses will be issued by
424the division to reflect the work authorized thereunder. It is
425unlawful, unlicensed activity for any person or firm to falsely
426hold himself or herself or a business organization out to
427perform any service, inspection, recharge, repair, hydrotest, or
428installation except as specifically described in the license.
429     2.  Any fire equipment dealer licensed pursuant to this
430subsection who wishes to withdraw a previously filed halon
431equipment exemption affidavit and engage in the business of
432servicing, inspecting, recharging, repairing, hydrotesting, or
433installing halon equipment must submit a written statement to
434the division requesting the withdrawal of the affidavit. The
435dealer must also submit to an inspection by the State Fire
436Marshal or his or her designee in order to determine that the
437dealer possesses the equipment required to service, recharge,
438repair, hydrotest, or install halon equipment and submit a fee
439of $50 for each license and $10 for each permit associated with
440the dealer.
441     (2)(a)  Each individual actually performing the work of
442servicing, recharging, repairing, hydrotesting, installing,
443testing, or inspecting fire extinguishers or preengineered
444systems must possess a valid and subsisting permit issued by the
445State Fire Marshal. Permittees are limited as to specific type
446of work performed to allow work no more extensive than the class
447of license held by the licensee under whom the permittee is
448working. Permits will be issued by the division and the fees
449required are as follows:
450     1.(a)  Portable permit....$90
451"Portable permittee" means a person who is limited to performing
452work no more extensive than the employing licensee in the
453servicing, recharging, repairing, installing, or inspecting all
454types of portable fire extinguishers.
455     2.(b)  Preengineered permit....$120
456"Preengineered permittee" means a person who is limited to the
457servicing, recharging, repairing, installing, or inspecting of
458all types of preengineered fire extinguishing systems.
459     3.(c)  Permits issued as duplicates or to reflect a change
460of address....$10
461     (b)  Any fire equipment permittee licensed pursuant to this
462subsection who does not want to engage in servicing, inspecting,
463recharging, repairing, hydrotesting, or installing halon
464equipment must file an affidavit on a form provided by the
465division so stating. Permits will be issued by the division to
466reflect the work authorized thereunder. It is unlawful,
467unlicensed activity for any person or firm to falsely hold
468himself or herself out to perform any service, inspection,
469recharge, repair, hydrotest, or installation except as
470specifically described in the permit.
471     (3)(a)  Such licenses and permits shall be issued by the
472State Fire Marshal for 2 years beginning January 1, 2000, and
473each 2-year period thereafter and expiring December 31 of the
474second year. All licenses or permits issued will expire on
475December 31 of each odd-numbered year. The failure to renew a
476license or permit by December 31 of the second year will cause
477the license or permit to become inoperative. The holder of an
478inoperative license or permit shall not engage in any activities
479for which a license or permit is required by this section. A
480license or permit which is inoperative because of the failure to
481renew it shall be restored upon payment of the applicable fee
482plus a penalty equal to the applicable fee, if the application
483for renewal is filed no later than the following March 31. If
484the application for restoration is not made before the March
48531st deadline, the fee for restoration shall be equal to the
486original application fee and the penalty provided for herein,
487and, in addition, the State Fire Marshal shall require
488reexamination of the applicant. The fee for a license or permit
489issued for 1 year or less shall be prorated at 50 percent of the
490applicable fee for a biennial license or permit. Following the
491initial licensure, each licensee or permittee shall successfully
492complete a course or courses of continuing education for fire
493equipment technicians of at least 16 32 hours. A license or
494permit may not be renewed unless the licensee or permittee
495produces documentation of the completion of at least 16 hours of
496continuing education for fire equipment technicians during the
497biennial licensure period within 4 years of initial issuance of
498a license or permit and within each 4-year period thereafter or
499no such license or permit shall be renewed. A person who is both
500a licensee and a permittee shall be required to complete 16 32
501hours of continuing education during each renewal per 4-year
502period. Each licensee shall ensure that all permittees in his or
503her employment meet their continuing education requirements. The
504State Fire Marshal shall adopt rules describing the continuing
505education requirements and shall have the authority upon
506reasonable belief, to audit a fire equipment dealer to determine
507compliance with continuing education requirements.
508     (b)  The forms of such licenses and permits and
509applications therefor shall be prescribed by the State Fire
510Marshal; in addition to such other information and data as that
511officer determines is appropriate and required for such forms,
512there shall be included in such forms the following matters.
513Each such application shall be in such form as to provide that
514the data and other information set forth therein shall be sworn
515to by the applicant or, if a corporation, by an officer thereof.
516An application for a permit shall include the name of the
517licensee employing such permittee, and the permit issued in
518pursuance of such application shall also set forth the name of
519such licensee. A permit is valid solely for use by the holder
520thereof in his or her employment by the licensee named in the
521permit.
522     (c)  A license of any class shall not be issued or renewed
523by the State Fire Marshal and a license of any class shall not
524remain operative unless:
525     1.  The applicant has submitted to the State Fire Marshal
526evidence of registration as a Florida corporation or evidence of
527compliance with s. 865.09.
528     2.  The State Fire Marshal or his or her designee has by
529inspection determined that the applicant possesses the equipment
530required for the class of license sought. The State Fire Marshal
531shall give an applicant a reasonable opportunity to correct any
532deficiencies discovered by inspection. A fee of $50, payable to
533the State Fire Marshal, shall be required for any subsequent
534reinspection. To obtain such inspection, an applicant with
535facilities located outside this state must:
536     a.  Provide a notarized statement from an engineer licensed
537by the applicant's state of domicile certifying that the
538applicant possesses the equipment required for the class of
539license sought and that all such equipment is operable; or
540     b.  Allow the State Fire Marshal or his or her designee to
541inspect the facility. All costs associated with the State Fire
542Marshal's conduction of the inspection shall be paid by the
543applicant. The State Fire Marshal shall, in accordance with s.
544120.54, adopt by rule standards for the calculation and
545establishment of the amount of costs associated with any
546inspection conducted by the State Fire Marshal under this
547section. Such rules shall include procedures for invoicing and
548receiving funds in advance of the inspection.
549     3.  The applicant has submitted to the State Fire Marshal
550proof of insurance providing coverage for comprehensive general
551liability for bodily injury and property damage, products
552liability, completed operations, and contractual liability. The
553State Fire Marshal shall adopt rules providing for the amounts
554of 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
556licenses, and $100,000 for Class C licenses; and the total
557coverage for any class of license held in conjunction with a
558Class D license shall not be less than $300,000. The State Fire
559Marshal may, at any time after the issuance of a license or its
560renewal, require upon demand, and in no event more than 30 days
561after notice of such demand, the licensee to provide proof of
562insurance, on a form provided by the State Fire Marshal,
563containing confirmation of insurance coverage as required by
564this chapter. Failure, for any length of time, to provide proof
565of insurance coverage as required shall result in the immediate
566suspension of the license until proof of proper insurance is
567provided to the State Fire Marshal. An insurer which provides
568such coverage shall notify the State Fire Marshal of any change
569in coverage or of any termination, cancellation, or nonrenewal
570of any coverage.
571     4.  The applicant applies to the State Fire Marshal and
572successfully completes a prescribed training course offered by
573the State Fire College or an equivalent course approved by the
574State Fire Marshal. This subparagraph does not apply to any
575holder of or applicant for a permit under paragraph (f) or to a
576business organization or a governmental entity seeking initial
577licensure or renewal of an existing license solely for the
578purpose of inspecting, servicing, repairing, marking,
579recharging, and maintaining fire extinguishers used and located
580on the premises of and owned by such organization or entity.
581     5.  The applicant has a current retestor identification
582number that is appropriate for the license for which the
583applicant is applying and that is listed with the United States
584Department of Transportation.
585     6.  The applicant has passed, with a grade of at least 70
586percent, a written examination testing his or her knowledge of
587the rules and statutes regulating the activities authorized by
588the license and demonstrating his or her knowledge and ability
589to perform those tasks in a competent, lawful, and safe manner.
590Such examination shall be developed and administered by the
591State Fire Marshal, or his or her designee in accordance with
592policies and procedures of the State Fire Marshal. An applicant
593shall pay a nonrefundable examination fee of $50 for each
594examination or reexamination scheduled. No reexamination shall
595be scheduled sooner than 30 days after any administration of an
596examination to an applicant. No applicant shall be permitted to
597take an examination for any level of license more than a total
598of four times during 1 year, regardless of the number of
599applications submitted. As a prerequisite to licensure of the
600applicant:
601     a.  Must be at least 18 years of age.
602     b.  Must have 4 years of proven experience as a fire
603equipment permittee at a level equal to or greater than the
604level of license applied for or have a combination of education
605and experience determined to be equivalent thereto by the State
606Fire Marshal. Having held a permit at the appropriate level for
607the required period constitutes the required experience.
608     c.  Must not have been convicted of, or pled nolo
609contendere to, any felony. If an applicant has been convicted of
610any such felony, the applicant must comply with s.
611112.011(1)(b).
612
613This subparagraph does not apply to any holder of or applicant
614for a permit under paragraph (f) or to a business organization
615or a governmental entity seeking initial licensure or renewal of
616an existing license solely for the purpose of inspecting,
617servicing, repairing, marking, recharging, hydrotesting, and
618maintaining fire extinguishers used and located on the premises
619of and owned by such organization or entity.
620     (d)  An applicant who fails the examination may take it
621three more times during the 1-year period after he or she
622originally filed an application for the examination. If the
623applicant fails the examination within 1 year after the
624application date and seeks to retake the examination, he or she
625must file a new application, pay the application and examination
626fees, and successfully complete a prescribed training course
627approved by the State Fire College or an equivalent course
628approved by the State Fire Marshal. An applicant may not submit
629a new application within 6 months after the date of his or her
630last reexamination.
631     (d)(e)  A fire equipment dealer licensed under this section
632may apply to upgrade the license currently held, if the licensed
633dealer:
634     1.  Submits an application for the license on a form in
635conformance with paragraph (b). The application must be
636accompanied by a fee as prescribed in subsection (1) for the
637type of license requested.
638     2.  Provides evidence of 2 years' experience as a licensed
639dealer and meets such relevant educational requirements as are
640established by rule by the State Fire Marshal for purposes of
641upgrading a license.
642     3.  Meets the requirements of paragraph (c).
643     (e)  A fire equipment dealer licensed under this section
644may apply to downgrade the license currently held by the dealer,
645if the dealer:
646     1.  Submits an application for the downgraded license on a
647form in conformance with paragraph (b). The application must be
648accompanied by a fee as prescribed in subsection (1) for the
649type of license requested.
650     2.  Submits proof of insurance providing coverage meeting
651the requirements prescribed in subparagraph (c)3.
652     3.  Submits a fee of $10 for every permit associated with
653the license to be downgraded.
654     (f)  A No permit of any class may not shall be issued or
655renewed to a person by the State Fire Marshal, and a no permit
656of any class may not shall remain operative, unless the person
657has:
658     1.  Submitted a nonrefundable examination fee in the amount
659of $50.;
660     2.  Successfully completed a training course offered by the
661State Fire College or an equivalent course approved by the State
662Fire Marshal.; and
663     3.  Passed, with a grade of at least 70 percent, a written
664examination testing his or her knowledge of the rules and
665statutes regulating the activities authorized by the permit and
666demonstrating his or her knowledge and ability to perform those
667tasks in a competent, lawful, and safe manner. Such examination
668shall be developed and administered by the State Fire Marshal in
669accordance with the policies and procedures of the State Fire
670Marshal. An examination fee shall be paid for each examination
671scheduled. No reexamination shall be scheduled sooner than 30
672days after any administration of an examination to an applicant.
673No applicant shall be permitted to take an examination for any
674level of permit more than four times during 1 year, regardless
675of the number of applications submitted. As a prerequisite to
676taking the permit examination, the applicant must be at least 16
677years of age.
678     (g)  An applicant for a license or permit under this
679section who fails the examination may take the examination it
680three more times during the 1-year period after he or she
681originally filed an application for the examination. If the
682applicant fails the examination within 1 year after the
683application date and he or she seeks to retake the examination,
684he or she must file a new application, pay the application and
685examination fees, and successfully complete a prescribed
686training course offered by the State Fire College or an
687equivalent course approved by the State Fire Marshal. The
688applicant may not submit a new application within 6 months after
689the date of his or her last reexamination. An applicant who
690passes the examination but does not meet the remaining
691qualifications prescribed by law and rule within 1 year after
692the application date must file a new application, pay the
693application and examination fee, successfully complete a
694prescribed training course approved by the State Fire College or
695an equivalent course approved by the State Fire Marshal, and
696pass the written examination.
697     Section 7.  Subsection (3) of section 633.071, Florida
698Statutes, is amended to read:
699     633.071  Standard service tag required on all fire
700extinguishers and preengineered systems; serial number required
701on all portable fire extinguishers; standard inspection tags
702required on all fire protection systems.-
703     (3)  The State Fire Marshal shall adopt by rule
704specifications as to the method of attachment and placement,
705size, shape, color, information, and data contained thereon of
706inspection tags to be attached to all types of fire protection
707systems and information required on an inspection report of such
708an inspection.
709     Section 8.  Section 633.081, Florida Statutes, is amended
710to read:
711     633.081  Inspection of buildings and equipment; orders;
712firesafety inspection training requirements; certification;
713disciplinary action.-The State Fire Marshal and her or his
714agents may shall, at any reasonable hour, when the State Fire
715Marshal department has reasonable cause to believe that a
716violation of this chapter or s. 509.215, or a rule promulgated
717thereunder, or a minimum firesafety code adopted by the State
718Fire Marshal or a local authority, may exist, inspect any and
719all buildings and structures which are subject to the
720requirements of this chapter or s. 509.215 and rules promulgated
721thereunder. The authority to inspect shall extend to all
722equipment, vehicles, and chemicals which are located on or
723within the premises of any such building or structure.
724     (1)  Each county, municipality, and special district that
725has firesafety enforcement responsibilities shall employ or
726contract with a firesafety inspector. The firesafety inspector
727must conduct all firesafety inspections that are required by
728law, except as provided in subsection (4) and s. 633.082(2). The
729governing body of a county, municipality, or special district
730that has firesafety enforcement responsibilities may provide a
731schedule of fees to pay only the costs of inspections conducted
732pursuant to this subsection and related administrative expenses.
733Two or more counties, municipalities, or special districts that
734have firesafety enforcement responsibilities may jointly employ
735or contract with a firesafety inspector.
736     (2)  Except as provided in subsection (4) and s.
737633.082(2), every firesafety inspection conducted pursuant to
738state or local firesafety requirements shall be by a person
739certified as having met the inspection training requirements set
740by the State Fire Marshal. Such person shall:
741     (a)  Be a high school graduate or the equivalent as the
742term may be determined by the division. department;
743     (b)  Not have been found guilty of, or having pled pleaded
744guilty or nolo contendere to, a felony or a crime punishable by
745imprisonment of 1 year or more under the laws law of the United
746States, or of any state thereof, or under the laws of any other
747country. An applicant for certification as a firesafety
748inspector with a prior felony conviction shall be excluded from
749such certification for a period of 4 years after expiration of
750the sentence or final release by the Parole Commission unless
751the applicant, prior to the expiration of the 4-year period, has
752received a full pardon or has had his or her civil rights
753restored. However, a person may be denied certification by the
754state, any of its agencies or political subdivisions, or any
755municipality by reason of the prior conviction for a crime if
756the crime was a felony or first degree misdemeanor and was
757directly related to the duties authorized under the
758certification. which involves moral turpitude, without regard to
759whether a judgment of conviction has been entered by the court
760having jurisdiction of such cases;
761     (c)  Have her or his fingerprints on file with the
762department or with an agency designated by the department.;
763     (d)  Have good moral character as determined by the
764department.;
765     (e)  Be at least 18 years of age.;
766     (f)  Have satisfactorily completed the firesafety inspector
767certification examination as prescribed by the department.; and
768     (g)1.  Have satisfactorily completed, as determined by the
769department, a firesafety inspector training program of not less
770than 200 hours established by the department and administered by
771agencies and institutions approved by the department for the
772purpose of providing basic certification training for firesafety
773inspectors; or
774     2.  Have received in another state training which is
775determined by the department to be at least equivalent to that
776required by the department for approved firesafety inspector
777education and training programs in this state.
778     (3)(a)1.  Effective July 1, 2012, the classification of
779special state firesafety inspector is abolished and all special
780state firesafety inspector certifications shall expire at
781midnight June 30, 2012.
782     2.  Any person who is a special state firesafety inspector
783on June 30, 2012, and who has failed to comply with paragraph
784(b) or paragraph (c) may not perform any firesafety inspection
785required by law.
786     3.  A special state firesafety inspector certificate may
787not be issued after June 30, 2010.
788     (b)1.  Any person who is a special state firesafety
789inspector on July 1, 2010, and who has at least 5 years of
790experience as a special state firesafety inspector as of July 1,
7912010, may take the firesafety inspection examination as provided
792in paragraph (2)(f) for firesafety inspectors before July 1,
7932012, to be certified as a firesafety inspector under this
794section.
795     2.  Upon passing the examination, the person shall be
796certified as a firesafety inspector as provided in this section.
797     3.  A person who fails to become certified must comply with
798paragraph (c) to be certified as a firesafety inspector under
799this section.
800     (c)1.  To be certified as a firesafety inspector under this
801section, any person who:
802     a.  Is a special state firesafety inspector on July 1,
8032010, and who does not have 5 years of experience as a special
804state firesafety inspector as of July 1, 2010; or
805     b.  Has 5 years of experience as a special state firesafety
806inspector but has failed the examination taken as provided in
807paragraph (2)(f),
808
809must take an additional 80 hours of the courses described in
810paragraph (2)(g).
811     2.  After successfully completing the courses described in
812this paragraph, such person may take the firesafety inspection
813examination as provided in (2)(f), if such examination is taken
814before July 1, 2012.
815     3.  Upon passing the examination, the person shall be
816certified as a firesafety inspector as provided in this section.
817     4.  A person who fails the course of study or the
818examination described in this paragraph may not perform any
819firesafety inspection required by law on or after July 1, 2012.
820Each special state firesafety inspection which is required by
821law and is conducted by or on behalf of an agency of the state
822must be performed by an individual who has met the provision of
823subsection (2), except that the duration of the training program
824shall not exceed 120 hours of specific training for the type of
825property that such special state firesafety inspectors are
826assigned to inspect.
827     (4)  A firefighter certified pursuant to s. 633.35 may
828conduct firesafety inspections, under the supervision of a
829certified firesafety inspector, while on duty as a member of a
830fire department company conducting inservice firesafety
831inspections without being certified as a firesafety inspector,
832if such firefighter has satisfactorily completed an inservice
833fire department company inspector training program of at least
83424 hours' duration as provided by rule of the department.
835     (5)  Every firesafety inspector or special state firesafety
836inspector certificate is valid for a period of 3 years after
837from the date of issuance. Renewal of certification shall be
838subject to the affected person's completing proper application
839for renewal and meeting all of the requirements for renewal as
840established under this chapter or by rule adopted under this
841chapter promulgated thereunder, which shall include completion
842of at least 40 hours during the preceding 3-year period of
843continuing education as required by the rule of the department
844or, in lieu thereof, successful passage of an examination as
845established by the department.
846     (6)  The State Fire Marshal may deny, refuse to renew,
847suspend, or revoke the certificate of a firesafety inspector or
848special state firesafety inspector if the State Fire Marshal it
849finds that any of the following grounds exist:
850     (a)  Any cause for which issuance of a certificate could
851have been refused had it then existed and been known to the
852State Fire Marshal.
853     (b)  Violation of this chapter or any rule or order of the
854State Fire Marshal.
855     (c)  Falsification of records relating to the certificate.
856     (d)  Having been found guilty of or having pleaded guilty
857or nolo contendere to a felony, whether or not a judgment of
858conviction has been entered.
859     (e)  Failure to meet any of the renewal requirements.
860     (f)  Having been convicted of a crime in any jurisdiction
861which directly relates to the practice of fire code inspection,
862plan review, or administration.
863     (g)  Making or filing a report or record that the
864certificateholder knows to be false, or knowingly inducing
865another to file a false report or record, or knowingly failing
866to file a report or record required by state or local law, or
867knowingly impeding or obstructing such filing, or knowingly
868inducing another person to impede or obstruct such filing.
869     (h)  Failing to properly enforce applicable fire codes or
870permit requirements within this state which the
871certificateholder knows are applicable by committing willful
872misconduct, gross negligence, gross misconduct, repeated
873negligence, or negligence resulting in a significant danger to
874life or property.
875     (i)  Accepting labor, services, or materials at no charge
876or at a noncompetitive rate from any person who performs work
877that is under the enforcement authority of the certificateholder
878and who is not an immediate family member of the
879certificateholder. For the purpose of this paragraph, the term
880"immediate family member" means a spouse, child, parent,
881sibling, grandparent, aunt, uncle, or first cousin of the person
882or the person's spouse or any person who resides in the primary
883residence of the certificateholder.
884     (7)  The department shall provide by rule for the
885certification of firesafety inspectors.
886     (8)  The State Fire Marshal may develop by rule an advanced
887training and certification program for firesafety inspectors
888with fire code management responsibilities. This program must be
889consistent with the appropriate provisions of the National Fire
890Protection Association publication NFPA 1037, Standard for
891Professional Qualifications for Fire Marshal, or similar
892standards adopted by the division. The program must establish
893minimum training, education, and experience levels for fire
894safety inspectors with fire code management responsibilities.
895     (9)  The Division of State Fire Marshal and the Florida
896Building Code Administrators and Inspectors Board established
897pursuant to s. 468.605 shall enter into a reciprocity agreement
898to facilitate joint recognition of continuing education
899recertification hours for certificateholders licensed in
900accordance with s. 468.609 and firesafety inspectors certified
901under this section.
902     Section 9.  Subsection (2) of section 633.082, Florida
903Statutes, is amended, and subsection (6) is added to that
904section, to read:
905     633.082  Inspection of fire control systems, fire hydrants,
906and fire protection systems.-
907     (2)  Fire hydrants and fire protection systems installed in
908public and private properties, except one-family or two-family
909dwellings, in this state shall be inspected following procedures
910established in the nationally recognized inspection, testing,
911and maintenance standards NFPA-24 and NFPA-25 as set forth in
912the edition adopted by the State Fire Marshal. Quarterly,
913annual, 3-year, and 5-year inspections consistent with the
914contractual provisions with the owner shall be conducted by the
915certificateholder or permittees employed by the
916certificateholder pursuant to s. 633.521.
917     (a)  All alarm systems shall be serviced, tested, repaired,
918inspected, and improved in compliance with the provisions of the
919applicable standards of the National Fire Protection Association
920adopted by the State Fire Marshal pursuant to ss. 633.071 and
921633.701.
922     (b)  Fire hydrants owned by public governmental entities
923shall be inspected following procedures established in the
924nationally recognized inspection, testing, and maintenance
925standards adopted by the State Fire Marshal. County, municipal,
926and special district utilities may comply with this section with
927designated employees notwithstanding the requirements of s.
928633.081. However, private contractors must be licensed pursuant
929to this chapter.
930     (c)  Fire protection systems installed in public and
931private properties, and private hydrants that are attached to
932and an integral part of the fire protection system, shall be
933inspected following procedures established in the nationally
934recognized inspection, testing, and maintenance standards
935adopted by the State Fire Marshal.
936     (6)  The owner shall replace any fire sprinkler heads that
937have been identified by a governmental regulatory agency as
938subject to a recall for a material defect in design or
939workmanship.
940     Section 10.  Paragraph (a) of subsection (1) and
941subsections (2), (3), and (4) of section 633.085, Florida
942Statutes, are amended to read:
943     633.085  Inspections of state buildings and premises; tests
944of firesafety equipment; building plans to be approved.-
945     (1)(a)  It is the duty of the State Fire Marshal and her or
946his agents to inspect, or cause to be inspected, each state-
947owned building, and each building located on land owned by the
948state and used primarily for state purposes as determined by the
949State Fire Marshal with such building for purposes of this
950section referred to as a state-owned building, on a recurring
951basis established by rule, and to ensure that high-hazard
952occupancies are inspected at least annually, for the purpose of
953ascertaining and causing to be corrected any conditions liable
954to cause fire or endanger life from fire and any violation of
955the firesafety standards for state-owned buildings, the
956provisions of this chapter, or the rules or regulations adopted
957and promulgated pursuant hereto. The State Fire Marshal shall,
958within 7 days following an inspection, submit a report of such
959inspection to the head of the department of state government
960responsible for the building.
961     (2)  The State Fire Marshal and her or his agents may shall
962conduct performance tests on any electronic fire warning and
963smoke detection system, and any pressurized air-handling unit,
964in any state-owned building or state-leased space on a recurring
965basis as provided in subsection (1). The State Fire Marshal and
966her or his agents shall also ensure that fire drills are
967conducted in all high-hazard state-owned building or high-hazard
968state-leased high-hazard occupancies at least annually.
969     (3)  All construction of any new, or renovation,
970alteration, or change of occupancy of any existing, state-owned
971building or state-leased building or space shall comply with the
972uniform firesafety standards of the State Fire Marshal.
973     (a)  For all new construction or renovation, alteration, or
974change of occupancy of state-leased space, compliance with the
975uniform firesafety standards shall be determined by reviewing
976the plans for the proposed construction or occupancy submitted
977by the lessor to the Division of State Fire Marshal for review
978and approval prior to commencement of construction or occupancy,
979which review shall be completed within 10 working days after
980receipt of the plans by the Division of State Fire Marshal.
981     (b)  The plans for all construction of any new, or
982renovation or alteration of any existing, state-owned building
983are subject to the review and approval of the Division of State
984Fire Marshal for compliance with the uniform firesafety
985standards prior to commencement of construction or change of
986occupancy, which review shall be completed within 30 calendar
987days of receipt of the plans by the Division of State Fire
988Marshal.
989     (4)  The Division of State Fire Marshal may inspect state-
990owned buildings and space and state-leased buildings and space
991as necessary prior to occupancy or during construction,
992renovation, or alteration to ascertain compliance with the
993uniform firesafety standards. Whenever the Division of State
994Fire Marshal determines by virtue of such inspection or by
995review of plans that construction, renovation, or alteration of
996state-owned buildings and state-leased space is not in
997compliance with the uniform firesafety standards, the Division
998of State Fire Marshal shall issue an order to cease
999construction, renovation, or alteration, or to preclude
1000occupancy, of a building until compliance is obtained, except
1001for those activities required to achieve such compliance.
1002     Section 11.  Subsections (1) and (3) of section 633.161,
1003Florida Statutes, are amended to read:
1004     633.161  Violations; orders to cease and desist, correct
1005hazardous conditions, preclude occupancy, or vacate;
1006enforcement; penalties.-
1007     (1)  If it is determined by the department that a violation
1008specified in this subsection exists, the State Fire Marshal or
1009her or his agent deputy may issue and deliver to the person
1010committing the violation an order to cease and desist from such
1011violation, to correct any hazardous condition, to preclude
1012occupancy of the affected building or structure, or to vacate
1013the premises of the affected building or structure. Such
1014violations consist of are:
1015     (a)  Except as set forth in paragraph (b), a violation of
1016any provision of this chapter, of any rule adopted pursuant
1017thereto, of any applicable uniform firesafety standard adopted
1018pursuant to s. 633.022 which is not adequately addressed by any
1019alternative requirements adopted on a local level, or of any
1020minimum firesafety standard adopted pursuant to s. 394.879.
1021     (b)  A substantial violation of an applicable minimum
1022firesafety standard adopted pursuant to s. 633.025 which is not
1023reasonably addressed by any alternative requirement imposed at
1024the local level, or an unreasonable interpretation of an
1025applicable minimum firesafety standard, and which violation or
1026interpretation clearly constitutes a danger to lifesafety.
1027     (c)  A building or structure which is in a dilapidated
1028condition and as a result thereof creates a danger to life,
1029safety, or property.
1030     (d)  A building or structure which contains explosive
1031matter or flammable liquids or gases constituting a danger to
1032life, safety, or property.
1033     (e)  Any organization that acts as or offers to act as a
1034fire department that is not designated as a fire department by a
1035political subdivision of the state.
1036     (3)  Any person who violates or fails to comply with any
1037order under subsection (1) or subsection (2) commits is guilty
1038of a misdemeanor, punishable as provided in s. 633.171.
1039     Section 12.  Section 633.30, Florida Statutes, is amended
1040to read:
1041     633.30  Standards for firefighting; definitions.-As used in
1042this chapter, the term:
1043     (1)  "Career firefighter" means any person who is
1044compensated at an hourly rate or is salaried and whose work
1045hours are scheduled in advance to maintain a schedule of
1046coverage at a state facility or area to function as described in
1047subsection (8).
1048     (2)(4)  "Council" means the Firefighters Employment,
1049Standards, and Training Council.
1050     (3)  "Department" means the Department of Financial
1051Services.
1052     (4)(5)  "Division" means the Division of State Fire Marshal
1053of the Department of Financial Services.
1054     (5)(2)  "Employing agency" means any municipality or
1055county, the state, or any political subdivision of the state,
1056including authorities and special districts, employing
1057firefighters as defined in subsection (8) (1).
1058     (6)  "Fire department" means an organization designated by
1059a county, municipality, or independent special fire control
1060district to provide emergency responses for the protection of
1061life and property within a specified geographical area.
1062     (7)  "Fire service aide" means a high school student or
1063other individual who completes a course of instruction and
1064examination approved by the division that includes specified
1065components of firefighter I and II certification in accordance
1066with the division's rules.
1067     (8)(1)  "Firefighter" means any person initially employed
1068as a full-time professional firefighter by any employing agency,
1069as defined herein, whose primary responsibility is the emergency
1070response to fires and other emergencies, the prevention and
1071extinguishment of fires, the protection and saving of life and
1072property, and the enforcement of municipal, county, and state
1073fire prevention codes, as well as of any law pertaining to the
1074prevention and control of fires.
1075     (9)  "Firefighter I" means the classification for a person
1076who has successfully completed the firefighter I training
1077program and is certified at level I in accordance with the
1078division's rules.
1079     (10)  "Firefighter II" means the classification for a
1080person who has successfully completed the firefighter II
1081training program and is certified at level II in accordance with
1082the division's rules. Firefighter II classification is the
1083minimum level of certification to function as a career
1084firefighter.
1085     Section 13.  Section 633.34, Florida Statutes, is amended
1086to read:
1087     633.34  Firefighters; qualifications for employment.-
1088     (1)  Any individual person applying for employment or
1089training as a firefighter must:
1090     (a)(1)  Be a high school graduate or the equivalent, as the
1091term may be determined by the division, and at least 18 years of
1092age.
1093     (b)(2)  Not Neither have been found guilty convicted of or
1094pled guilty or a felony or of a misdemeanor directly related to
1095the position of employment sought, nor have pled nolo contendere
1096to any charge of a felony or a crime punishable by imprisonment
1097of 1 year or more under the laws of the United States or of any
1098state thereof or under the laws of any other country. If an
1099applicant has been convicted of a felony, such applicant must be
1100in compliance with s. 112.011(2)(b). If an applicant has been
1101convicted of a misdemeanor directly related to the position of
1102employment sought, such applicant shall be excluded from
1103employment for a period of 4 years after expiration of sentence.
1104If the sentence is suspended or adjudication is withheld in a
1105felony charge or in a misdemeanor directly related to the
1106position or employment sought and a period of probation is
1107imposed, the applicant must have been released from probation.
1108     (c)(3)  Have paid the required fee for fingerprint
1109processing and submitted fingerprints as directed by the
1110division. Submit a fingerprint card to the division with a
1111current processing fee. The fingerprints shall fingerprint card
1112will be forwarded to the Department of Law Enforcement and
1113and/or the Federal Bureau of Investigation for analysis pursuant
1114to s. 624.34.
1115     (4)  Have a good moral character as determined by
1116investigation under procedure established by the division.
1117     (d)(5)  Be in good physical condition as determined by a
1118recent medical examination, conducted in accordance with the
1119medical requirements for training and certification as set forth
1120in rules adopted by the division, given by a physician, surgeon,
1121or physician assistant licensed to practice in the state
1122pursuant to chapter 458; an osteopathic physician, surgeon, or
1123physician assistant licensed to practice in the state pursuant
1124to chapter 459; or an advanced registered nurse practitioner
1125licensed to practice in the state pursuant to chapter 464. Such
1126examination may include, but need not be limited to, provisions
1127of the National Fire Protection Association Standard 1582.
1128Results of such A medical examination evidencing good physical
1129condition shall be submitted to the division, on a form as
1130provided by rule, before an individual is eligible for admission
1131into a firefighter training program as defined in s. 633.35.
1132     (e)(6)  Be a nonuser of tobacco or tobacco products for at
1133least 1 year immediately preceding application or employment or
1134commencement of training for certification as a career
1135firefighter, as evidenced by the sworn affidavit of the
1136applicant. A career firefighter certified after December 31,
11372010, must be a nonuser of tobacco as a condition of employment.
1138     (2)  An individual who does not hold a fire service aide,
1139firefighter I, or firefighter II certificate may not engage in
1140any operations that require the knowledge and skills taught in
1141the training programs established by the division, regardless of
1142volunteer or employment status.
1143     Section 14.  Section 633.35, Florida Statutes, is amended
1144to read:
1145     633.35  Firefighter training and certification.-
1146     (1)  The division shall adopt rules to establish a
1147firefighter training programs for certification as a fire
1148service aide, a firefighter I, and a firefighter II, to be
1149program of not less than 360 hours, administered by such
1150agencies and institutions approved by the division in accordance
1151with division rules as it approves for the purpose of providing
1152basic employment training for firefighters. Nothing herein shall
1153require a public employer to pay the cost of such training.
1154Certificates of compliance previously issued by this state that
1155do not identify Level I or Level II but that comply with the
1156requirements of ss. 633.351 and 633.352 shall remain in effect.
1157     (2)  The division shall issue certificates a certificate of
1158compliance for certification as a fire service aide, a
1159firefighter I, and a firefighter II to any individual person who
1160has satisfactorily completed complying with the training
1161programs program established in subsection (1), who has
1162successfully passed an examination as prescribed by the
1163division, and who possesses the qualifications specified for
1164employment in s. 633.34, except s. 633.34(5). An individual No
1165person may not be employed as a career regular or permanent
1166firefighter by an employing agency, or by a private entity under
1167contract with the state or any political subdivision of the
1168state, including authorities and special districts, unless the
1169individual is certified as a firefighter II, except for an
1170individual hired to be trained and become certified as a
1171firefighter II. An individual hired to be trained and become
1172certified as a firefighter II has no longer than for a period of
1173time in excess of 1 year after from the date of initial
1174employment to obtain the firefighter II until he or she has
1175obtained such certificate of compliance. An individual A person
1176who does not hold a firefighter II certificate of compliance and
1177is employed under this section may not directly engage in
1178hazardous operations, such as interior structural firefighting
1179and hazardous-materials-incident mitigation, requiring the
1180knowledge and skills taught in a training program established in
1181subsection (1). However, a current member of an employing agency
1182person who is certified as a fire service aide or a firefighter
1183I has served as a volunteer firefighter with the state or any
1184political subdivision of the state, including authorities and
1185special districts, who is then employed as a career regular or
1186permanent firefighter by the same employing agency may function,
1187during this initial 1-year period, in the same capacity in which
1188he or she acted prior to being employed as a career firefighter
1189by the employing agency as a volunteer firefighter, provided
1190that he or she has completed all training required by the
1191volunteer organization.
1192     (3)  The division may issue a certificate of compliance as
1193a firefighter I or firefighter II to any individual person who
1194has received basic employment training for firefighters in
1195another state when the division has determined that such
1196training was at least equivalent to that required by the
1197division for approved firefighter education and training
1198programs in this state and when such person has satisfactorily
1199complied with all other requirements of this section.
1200     (4)  The division may also issue a Fire Service
1201Administrative and Command Head special certificate to an
1202individual a person who received training in another state and
1203is otherwise qualified under this section and who is employed as
1204the administrative and command head of a fire/rescue/emergency
1205services organization, based on the acknowledgment that such
1206individual person is less likely to need physical dexterity and
1207more likely to need advanced knowledge of firefighting and
1208supervisory skills. For purposes of this subsection:
1209     (a)  The certificate is valid only while the individual
1210person is serving in a position as an administrative and command
1211head of a fire/rescue/emergency services organization.
1212     (b)  The certificateholder is limited at emergency scenes
1213to command and control functions.
1214     (c)  From the date of being hired, the individual has 1
1215year to acquire the certificate. During the period from being
1216hired to the issuance of the special certificate, the individual
1217may operate only in an administrative capacity and may not
1218engage in any emergency activity including command and control
1219functions at such emergencies.
1220     (d)  If at the end of the 1-year period, the individual has
1221not acquired the certificate, the employing agency shall
1222terminate the employment of the individual or submit an
1223affidavit approved by the division attesting that the individual
1224functions only in an administrative capacity.
1225     (5)(4)  An applicant A person who fails a required an
1226examination given under this section may retake the examination
1227once within 6 months after the original examination date. An
1228applicant who does not pass retake the examination within such
1229time must repeat or take the applicable training program take
1230the Minimum Standards Course, pursuant to subsection (1), before
1231being reexamined. The division may establish reasonable
1232preregistration deadlines for such reexaminations.
1233     (6)(5)  Pursuant to s. 590.02(1)(e), the division shall
1234establish a structural fire training program of not less than 40
1235hours. The division shall issue to any person satisfactorily
1236complying with this training program and who has successfully
1237passed an examination as prescribed by the division and who has
1238met the requirements of s. 590.02(1)(e) a Certificate of
1239Forestry Firefighter.
1240     (7)(6)  A certified forestry firefighter is entitled to the
1241same rights, privileges, and benefits provided for by law as a
1242career certified firefighter.
1243     Section 15.  Section 633.351, Florida Statutes, is amended
1244to read:
1245     633.351  Disciplinary action; firefighters; standards for
1246revocation of certification.-
1247     (1)  The certification of a firefighter shall be revoked by
1248the department if evidence is found that the certification was
1249improperly issued by the division or if evidence is found that
1250the certification was issued on the basis of false, incorrect,
1251incomplete, or misleading information.
1252     (2)  The department shall revoke the certification of a
1253firefighter who has been found guilty of, or pled guilty or nolo
1254contendere to, any felony or a crime punishable by imprisonment
1255of 1 year or more under the laws of the United States or any
1256state of the United States or under the laws of any other
1257country, without regard to whether a judgment of conviction has
1258been entered or adjudication has been withheld by the court
1259having jurisdiction of the case is convicted of a felony, or who
1260is convicted of a misdemeanor relating to misleading or false
1261statements, or who pleads nolo contendere to any charge of a
1262felony shall be revoked until the firefighter complies with s.
1263112.011(2)(b). However, if sentence upon such felony or such
1264misdemeanor charge is suspended or adjudication is withheld, the
1265firefighter's certification shall be revoked until she or he
1266completes any probation.
1267     (3)  If a firefighter certification is revoked, all
1268certifications issued in accordance with s. 633.33 held by the
1269individual shall also be revoked.
1270     (4)  The division shall adopt rules setting forth the
1271conditions under which an individual whose certificate has been
1272revoked can be issued a new certificate of compliance.
1273     Section 16.  Section 633.352, Florida Statutes, is amended
1274to read:
1275     633.352  Retention of firefighter certification.-
1276     (1)  Any certified firefighter who has not been active as a
1277firefighter, or as a volunteer firefighter with an organized
1278fire department, for a period of at least 3 years but less than
12796 years shall be required to retake and pass the written and
1280practical portions portion of the minimum standards state
1281examination specified in division rules rule 4A-37.056(6)(b),
1282Florida Administrative Code, in order to maintain her or his
1283certification as a firefighter; however, this requirement does
1284not apply to state-certified instructors, as determined by the
1285division. The 3-year period begins on the date the certificate
1286of compliance is issued or upon termination of service with an
1287organized fire department.
1288     (2)  The certification of a firefighter who has not been
1289active as a firefighter with an organized fire department for
1290more than 6 years automatically expires. To acquire
1291certification, the individual must comply with current
1292curriculum and certification requirements as defined in division
1293rules.
1294     (3)  The 3-year and 6-year periods, as applicable, begin on
1295the date the firefighter I or firefighter II certificate of
1296compliance is issued or upon the date of termination of service
1297with an organized fire department.
1298     (4)  A certified firesafety inspector employed or under
1299contract as a firesafety inspector for any agency set forth in
1300s. 633.081(1) and a certified active fire instructor who is also
1301a certified firefighter retains his or her firefighter
1302certification as provided by division rule.
1303     Section 17.  Subsections (1), (2), (3), and (4) of section
1304633.382, Florida Statutes, are amended to read:
1305     633.382  Career firefighters; supplemental compensation.-
1306     (1)  DEFINITION DEFINITIONS.-As used in this section, the
1307term "accredited" means having received accreditation from an
1308accrediting agency that is recognized by the United States
1309Department of Education.:
1310     (a)  "Employing agency" means any municipality or any
1311county, the state, or any political subdivision of the state,
1312including authorities and special districts employing
1313firefighters.
1314     (b)  "Firefighter" means any person who meets the
1315definition of the term "firefighter" in s. 633.30(1) who is
1316certified in compliance with s. 633.35 and who is employed
1317solely within the fire department of the employing agency or is
1318employed by the division.
1319     (2)  QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.-
1320     (a)  In addition to the compensation now paid by an
1321employing agency to a career any firefighter, except a career
1322firefighter employed by a private entity under contract to
1323provide services to a municipality or county, the state, or any
1324political subdivision of the state, including authorities and
1325special districts, every career firefighter shall be paid
1326supplemental compensation by the employing agency when such
1327firefighter has complied with one of the following criteria:
1328     1.  Any career firefighter who receives an associate degree
1329from an accredited a college, which degree is applicable to fire
1330department duties, as outlined in policy guidelines of the
1331division, shall be additionally compensated as outlined in
1332paragraph (3)(a).
1333     2.  Any career firefighter, regardless of whether or not
1334she or he earned an associate degree earlier, who receives from
1335an accredited college or university a bachelor's degree, which
1336bachelor's degree is applicable to fire department duties, as
1337outlined in policy guidelines of the division, shall receive
1338compensation as outlined in paragraph (3)(b).
1339     (b)  Whenever any question arises as to the eligibility of
1340any career firefighter to receive supplemental compensation as
1341provided in this section, the question, together with all facts
1342relating thereto, shall be submitted to the division for
1343determination, and the decision of the division with regard to
1344determination of eligibility shall be final, subject to the
1345provisions of chapter 120.
1346     (3)  SUPPLEMENTAL COMPENSATION.-Supplemental compensation
1347shall be determined as follows:
1348     (a)  Fifty dollars shall be paid monthly to each career
1349firefighter who qualifies under the provisions of subparagraph
1350(2)(a)1.
1351     (b)  One hundred and ten dollars shall be paid monthly to
1352each career firefighter who qualifies under the provisions of
1353subparagraph (2)(a)2.
1354     (4)  FUNDING.-
1355     (a)  The employing agency is responsible for the correct
1356payment of career firefighters pursuant to the provisions of
1357this section. The division may review, in a postaudit capacity,
1358any action taken by an agency in administering the educational
1359incentive program. The employing agency shall take appropriate
1360action when a postaudit shows that an action taken by the
1361employing agency was in error.
1362     (b)  Each agency employing career firefighters who are
1363eligible for this compensation shall submit reports containing
1364information relating to compensation paid as a result of this
1365section to the division on March 31, June 30, September 30, and
1366December 31 of each year.
1367     (c)  There is appropriated from the Police and
1368Firefighter's Premium Tax Trust Fund to the Firefighters'
1369Supplemental Compensation Trust Fund, which is hereby created
1370under the Department of Revenue, all moneys which have not been
1371distributed to municipalities and special fire control districts
1372in accordance with s. 175.121 as a result of the limitation
1373contained in s. 175.122 on the disbursement of revenues
1374collected pursuant to chapter 175 or as a result of any
1375municipality or special fire control district not having
1376qualified in any given year, or portion thereof, for
1377participation in the distribution of the revenues collected
1378pursuant to chapter 175. The total required annual distribution
1379from the Firefighters' Supplemental Compensation Trust Fund
1380shall equal the amount necessary to pay supplemental
1381compensation as provided in this section, provided that:
1382     1.  Any deficit in the total required annual distribution
1383shall be made up from accrued surplus funds existing in the
1384Firefighters' Supplemental Compensation Trust Fund on June 30,
13851990, for as long as such funds last. If the accrued surplus is
1386insufficient to cure the deficit in any given year, the
1387proration of the appropriation among the counties,
1388municipalities, and special fire service taxing districts shall
1389equal the ratio of compensation paid in the prior year to
1390county, municipal, and special fire service taxing district
1391career firefighters pursuant to this section. This ratio shall
1392be provided annually to the Department of Revenue by the
1393Division of State Fire Marshal. Surplus funds that have accrued
1394or accrue on or after July 1, 1990, shall be redistributed to
1395municipalities and special fire control districts as provided in
1396subparagraph 2.
1397     2.  By October 1 of each year, any funds that have accrued
1398or accrue on or after July 1, 1990, and remain in the
1399Firefighters' Supplemental Compensation Trust Fund following the
1400required annual distribution shall be redistributed by the
1401Department of Revenue pro rata to those municipalities and
1402special fire control districts identified by the Department of
1403Management Services as being eligible for additional funds
1404pursuant to s. 175.121(3)(b).
1405     (d)  Salary incentive payments to career firefighters shall
1406commence in the first full calendar month following the initial
1407date of certification of eligibility by the Division of State
1408Fire Marshal.
1409     (e)  Special fire service taxing districts are authorized
1410and empowered to expend the funds necessary to ensure correct
1411payment to career firefighters.
1412     Section 18.  Paragraph (e) of subsection (2) and
1413subsections (3) and (10) of section 633.521, Florida Statutes,
1414are amended to read:
1415     633.521  Certificate application and issuance; permit
1416issuance; examination and investigation of applicant.-
1417     (2)
1418     (e)  An applicant may not be examined more than four times
1419during 1 year for certification as a contractor pursuant to this
1420section unless the person is or has been certified and is taking
1421the examination to change classifications. If an applicant does
1422not pass one or more parts of the examination, she or he may
1423take any part of the examination three more times during the 1-
1424year period beginning upon the date she or he originally filed
1425an application to take the examination. If the applicant does
1426not pass the examination within that 1-year period, she or he
1427must file a new application and pay the application and
1428examination fees in order to take the examination or a part of
1429the examination again. However, the applicant may not file a new
1430application sooner than 6 months after the date of her or his
1431last examination. An applicant who passes the examination but
1432does not meet the remaining qualifications as provided in
1433applicable statutes and rules within 1 year after the
1434application date must file a new application, pay the
1435application and examination fee, successfully complete a
1436prescribed training course approved by the State Fire College or
1437an equivalent court approved by the State Fire Marshal, and
1438retake and pass the written examination.
1439     (3)(a)1.  As a prerequisite to taking the examination for
1440certification as a Contractor I, Contractor II, or Contractor
1441III, the applicant must be at least 18 years of age, be of good
1442moral character, and shall possess 4 years' proven experience in
1443the employment of a fire protection system Contractor I,
1444Contractor II, or Contractor III or a combination of equivalent
1445education and experience in both water-based and chemical fire
1446suppression systems.
1447     2.  As a prerequisite to taking the examination for
1448certification as a Contractor II, the applicant must be at least
144918 years of age, be of good moral character, and have 4 years'
1450proven experience in the employment of a fire protection system
1451Contractor I or Contractor II or a combination of equivalent
1452education and experience in water-based fire suppression
1453systems.
1454     3.  As a prerequisite to taking the examination for
1455certification as a Contractor III, the applicant must be at
1456least 18 years of age, be of good moral character, and have 4
1457years' proven experience in the employment of a fire protection
1458system Contractor I or Contractor III or a combination of
1459equivalent education and experience in chemical fire suppression
1460systems.
1461     4.  As a prerequisite to taking the examination for
1462certification as a Contractor IV, the applicant must shall be at
1463least 18 years old, be of good moral character, and have at
1464least 2 years' proven experience in the employment of a fire
1465protection system Contractor I, Contractor II, or Contractor IV
1466or a combination of equivalent education and experience.
1467     5.  As a prerequisite to taking the examination for
1468certification as a Contractor IV, the applicant must shall be at
1469least 18 years old, be of good moral character, and have at
1470least 2 years' proven experience in the employment of a fire
1471protection system Contractor I, Contractor II, Contractor III,
1472or Contractor IV or combination of equivalent education and
1473experience which combination need not include experience in the
1474employment of a fire protection system contractor.
1475     6.  As a prerequisite to taking the examination for
1476certification as a Contractor V, the applicant, including any
1477applicant certified as a general contractor pursuant to chapter
1478489, must shall be at least 18 years old, be of good moral
1479character, and have been licensed as a certified underground
1480utility and excavation contractor or plumbing contractor
1481pursuant to chapter 489, have verification by an individual who
1482is licensed as a certified utility contractor or plumbing
1483contractor pursuant to chapter 489 that the applicant has 4
1484years' proven experience in the employ of a certified
1485underground utility and excavation contractor or plumbing
1486contractor, or have a combination of education and experience
1487equivalent to 4 years' proven experience in the employ of a
1488certified underground utility and excavation contractor or
1489plumbing contractor.
1490     (b)  Required education and experience for Contractor I,
1491Contractor II, Contractor III, and Contractor IV certifications
1492includes training and experience in both the installation and
1493system layout as defined in s. 633.021(15).
1494     (c)  Within 30 days after the date of the examination, the
1495State Fire Marshal shall inform the applicant in writing whether
1496she or he has qualified or not and, if the applicant has
1497qualified, that she or he is ready to issue a certificate of
1498competency, subject to compliance with the requirements of
1499subsection (4).
1500     (10)  Effective July 1, 2008, the State Fire Marshal shall
1501require the National Institute of Certification in Engineering
1502Technologies (NICET), Sub-field of Inspection and Testing of
1503Fire Protection Systems Level II or equivalent training and
1504education as determined by the division as proof that the
1505permitholders are knowledgeable about nationally accepted
1506standards for the inspection of fire protection systems. It is
1507the intent of this act, from July 1, 2005, until July 1, 2008,
1508to accept continuing education of all certificateholders'
1509employees who perform inspection functions which specifically
1510prepares the permitholder to qualify for NICET II certification.
1511     Section 19.  Subsection (3) is added to section 633.524,
1512Florida Statutes, to read:
1513     633.524  Certificate and permit fees; examinations and
1514fees; use and deposit of collected funds.-
1515     (3)  The State Fire Marshal may enter into a contract with
1516any qualified public entity or private company in accordance
1517with chapter 287 to provide examinations for any applicant for
1518any examination administered under the jurisdiction of the State
1519Fire Marshal. The State Fire Marshal may direct payments from
1520each applicant for each examination directly to such contracted
1521entity or company.
1522     Section 20.  Subsection (4) of section 633.537, Florida
1523Statutes, is amended to read:
1524     633.537  Certificate; expiration; renewal; inactive
1525certificate; continuing education.-
1526     (4)  The renewal period for the permit class is the same as
1527that for the employing certificateholder. The continuing
1528education requirements for permitholders are what is required to
1529maintain NICET Sub-field of Inspection and Testing of Fire
1530Protection Systems Level II or higher certification plus 8
1531contact hours of continuing education during each biennial
1532renewal period thereafter. The continuing education curriculum
1533from July 1, 2005, until July 1, 2008, shall be the preparatory
1534curriculum for NICET II certification; after July 1, 2008, the
1535technical curriculum is at the discretion of the State Fire
1536Marshal and may be used to meet the maintenance of NICET Level
1537II certification and 8 contact hours of continuing education
1538requirements. It is the responsibility of the permitholder to
1539maintain NICET II certification as a condition of permit renewal
1540after July 1, 2008.
1541     Section 21.  Subsection (4) of section 633.72, Florida
1542Statutes, 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
1545may not shall serve more than two consecutive terms one term. No
1546member of the council shall be paid a salary as such member, but
1547each shall receive travel and expense reimbursement as provided
1548in s. 112.061.
1549     Section 22.  Section 633.811, Florida Statutes, is amended
1550to read:
1551     633.811  Firefighter employer penalties.-
1552     (1)  If any firefighter employer violates or fails or
1553refuses to comply with ss. 633.801-633.821, or with any rule
1554adopted by the division under such sections in accordance with
1555chapter 120 for the prevention of injuries, accidents, or
1556occupational diseases or with any lawful order of the division
1557in connection with ss. 633.801-633.821, or fails or refuses to
1558furnish or adopt any safety device, safeguard, or other means of
1559protection prescribed by division rule under ss. 633.801-633.821
1560for the prevention of accidents or occupational diseases, the
1561division may:
1562     (a)  Issue an administrative cease and desist order,
1563enforceable in the circuit court of the jurisdiction in which
1564the violation is occurring or has occurred.
1565     (b)  In a proceeding initiated pursuant to chapter 120,
1566assess against the firefighter employer an administrative a
1567civil penalty of not less than $100 nor more than $5,000 for
1568each day the violation, omission, failure, or refusal continues
1569after the firefighter employer has been given written notice of
1570such violation, omission, failure, or refusal. The total penalty
1571for each violation shall not exceed $50,000. The division shall
1572adopt rules requiring penalties commensurate with the frequency
1573or severity of safety violations. A hearing shall be held in
1574Leon County the county in which the violation, omission,
1575failure, or refusal is alleged to have occurred, unless
1576otherwise agreed to by the firefighter employer and authorized
1577by the division. All penalties assessed and collected under this
1578section shall be deposited in the Insurance Regulatory Trust
1579Fund.
1580     (2)  An administrative cease and desist order or proceeding
1581may not be initiated and a fine may not accrue until after the
1582firefighter employer has been notified in writing of the nature
1583of the violation and has been afforded a reasonable period of
1584time, as set forth in the notice, to correct the violation and
1585has failed to do so.
1586     Section 23.  Subsection (3) of section 633.821, Florida
1587Statutes, 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
1590individuals located outside the immediately dangerous to life
1591and health atmosphere may be assigned to an additional role,
1592such as incident commander, pumper operator, engineer, or
1593driver, so long as such individual is able to immediately
1594perform assistance or rescue activities without jeopardizing the
1595safety or health of any firefighter working at an incident. Also
1596with respect to 29 C.F.R. s. 1910.134(g)(4):
1597     (a)  Each county, municipality, and special district shall
1598implement such provision by April 1, 2002, except as provided in
1599paragraphs (b) and (c).
1600     (b)  If any county, municipality, or special district is
1601unable to implement such provision by April 1, 2002, without
1602adding additional personnel to its firefighting staff or
1603expending significant additional funds, such county,
1604municipality, or special district shall have an additional 6
1605months within which to implement such provision. Such county,
1606municipality, or special district shall notify the division that
1607the 6-month extension to implement such provision is in effect
1608in such county, municipality, or special district within 30 days
1609after its decision to extend the time for the additional 6
1610months. The decision to extend the time for implementation shall
1611be made prior to April 1, 2002.
1612     (c)  If, after the extension granted in paragraph (b), the
1613county, municipality, or special district, after having worked
1614with and cooperated fully with the division and the Firefighters
1615Employment, Standards, and Training Council, is still unable to
1616implement such provisions without adding additional personnel to
1617its firefighting staff or expending significant additional
1618funds, such municipality, county, or special district shall be
1619exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
1620However, each year thereafter the division shall review each
1621such county, municipality, or special district to determine if
1622such county, municipality, or special district has the ability
1623to implement such provision without adding additional personnel
1624to its firefighting staff or expending significant additional
1625funds. If the division determines that any county, municipality,
1626or special district has the ability to implement such provision
1627without adding additional personnel to its firefighting staff or
1628expending significant additional funds, the division shall
1629require such county, municipality, or special district to
1630implement such provision. Such requirement by the division under
1631this paragraph constitutes final agency action subject to
1632chapter 120.
1633     Section 24.  Paragraph (e) of subsection (1) of section
1634218.23, 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
1637beyond the minimum entitlement in any fiscal year, a unit of
1638local government is required to have:
1639     (e)  Certified that persons in its employ as career
1640firefighters, as defined in s. 633.30(1), meet the qualification
1641for employment as established by the Division of State Fire
1642Marshal pursuant to the provisions of ss. 633.34 and 633.35 and
1643that the provisions of s. 633.382 have been met.
1644
1645Additionally, to receive its share of revenue sharing funds, a
1646unit of local government shall certify to the Department of
1647Revenue that the requirements of s. 200.065, if applicable, were
1648met. The certification shall be made annually within 30 days of
1649adoption of an ordinance or resolution establishing a final
1650property tax levy or, if no property tax is levied, not later
1651than November 1. The portion of revenue sharing funds which,
1652pursuant to this part, would otherwise be distributed to a unit
1653of local government which has not certified compliance or has
1654otherwise failed to meet the requirements of s. 200.065 shall be
1655deposited in the General Revenue Fund for the 12 months
1656following a determination of noncompliance by the department.
1657     Section 25.  Paragraph (b) of subsection (4) of section
1658447.203, 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
1662public safety of any police, fire, or public safety department.
1663Other police officers, as defined in s. 943.10(1), and career
1664firefighters, as defined in s. 633.30(1), may be determined by
1665the commission to be managerial employees of such departments.
1666In making such determinations, the commission shall consider, in
1667addition to the criteria established in paragraph (a), the
1668paramilitary organizational structure of the department
1669involved.
1670
1671However, in determining whether an individual is a managerial
1672employee pursuant to either paragraph (a) or paragraph (b),
1673above, the commission may consider historic relationships of the
1674employee to the public employer and to coemployees.
1675     Section 26.  Subsection (22) of section 489.103, Florida
1676Statutes, 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)
1679or (2)(a)2.(b) performing work authorized by such license.
1680     Section 27.  Paragraph (d) of subsection (1) of section
1681590.02, Florida Statutes, is amended to read:
1682     590.02  Division powers, authority, and duties; liability;
1683building structures; Florida Center for Wildfire and Forest
1684Resources Management Training.-
1685     (1)  The division has the following powers, authority, and
1686duties:
1687     (d)  To appoint center managers, forest area supervisors,
1688forestry program administrators, a forest protection bureau
1689chief, a forest protection assistant bureau chief, a field
1690operations bureau chief, deputy chiefs of field operations,
1691district managers, senior forest rangers, investigators, forest
1692rangers, firefighter rotorcraft pilots, and other employees who
1693may, at the division's discretion, be certified as forestry
1694firefighters pursuant to s. 633.35(5)(4). Other provisions of
1695law notwithstanding, center managers, district managers, forest
1696protection assistant bureau chief, and deputy chiefs of field
1697operations shall have Selected Exempt Service status in the
1698state personnel designation;
1699     Section 28.  Subsection (8) of section 1013.12, Florida
1700Statutes, is amended to read:
1701     1013.12  Casualty, safety, sanitation, and firesafety
1702standards and inspection of property.-
1703     (8)  ANNUAL REPORT.-The State Fire Marshal shall publish an
1704annual report to be filed with the substantive committees of the
1705state House of Representatives and Senate having jurisdiction
1706over education, the Commissioner of Education or his or her
1707successor, the State Board of Education, the Board of Governors,
1708and the Governor documenting the status of each board's
1709firesafety 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.
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