December 12, 2019
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       Florida Senate - 2010                                     SB 832
       
       
       
       By Senator Justice
       
       
       
       
       16-00806B-10                                           2010832__
    1                        A bill to be entitled                      
    2         An act relating to the State Fire Marshal; amending s.
    3         633.021, F.S.; revising definitions; amending s.
    4         633.022, F.S.; requiring application of uniform
    5         firesafety standards to state universities; amending
    6         s. 633.025, F.S.; providing authority and requirements
    7         for completion of plans for and inspection of
    8         manufactured buildings at the point of manufacture
    9         under certain circumstances; providing for associated
   10         costs to be borne by the manufacturer; authorizing the
   11         Department of Financial Services to adopt rules;
   12         amending s. 633.026, F.S.; providing legislative
   13         intent; requiring the State Fire Marshal to establish
   14         a Fire Code Interpretation Committee for certain
   15         purposes; providing eligibility requirements for
   16         committee members; providing requirements for
   17         nonbinding interpretations of the Florida Fire
   18         Prevention Code; deleting certain legislative intent
   19         provisions; requiring the Division of State Fire
   20         Marshal to charge fees for nonbinding interpretations;
   21         authorizing payment of fees directly to certain
   22         contracted parties; providing for referral of disputed
   23         interpretations to the State Fire Marshal for formal
   24         interpretation; providing requirements for State Fire
   25         Marshal issuance of nonbinding code interpretations;
   26         specifying nonbinding interpretation petition
   27         requirements; providing procedural requirements for
   28         committee review and resolution of petitions;
   29         providing for issuance of interpretations by the
   30         committee; providing for formal interpretations by the
   31         State Fire Marshal of disputed interpretations;
   32         amending s. 633.027, F.S.; specifying nonapplication
   33         of requirements for light-frame truss-type buildings
   34         to certain townhouses; amending s. 633.061, F.S.;
   35         providing requirements and procedures for certain fire
   36         equipment dealers wishing to withdraw a previously
   37         filed halon equipment exemption affidavit; requiring
   38         fees; revising continuing education requirements for
   39         renewal of certain fire suppression equipment licenses
   40         and permits; providing equipment inspection
   41         requirements for license applicants with facilities
   42         outside this state; deleting provisions relating to
   43         license examinations and applications after failing
   44         certain examinations; providing requirements for
   45         licensed fire equipment dealers to downgrade certain
   46         licenses, including a fee; requiring certain
   47         applicants to undertake a completely new application
   48         process under certain circumstances and satisfy
   49         certain requirements; amending s. 633.071, F.S.;
   50         revising State Fire Marshal rulemaking authority
   51         relating to specifications for standard service tags
   52         for certain equipment; amending s. 633.081, F.S.;
   53         revising requirements and procedures for inspections
   54         of buildings and equipment; revising eligibility
   55         requirements for firesafety inspection personnel;
   56         abolishing special state firesafety inspector
   57         classifications and certifications; providing
   58         criteria, procedures, and requirements for special
   59         state firesafety inspectors to be certified as
   60         firesafety inspectors; authorizing the State Fire
   61         Marshal to develop an advanced training and
   62         certification program for certain firesafety
   63         inspectors; specifying program requirements; requiring
   64         the State Fire Marshal and the Florida Building Code
   65         Administrators and Inspectors Board to enter into a
   66         reciprocity agreement to recognize certain continuing
   67         education recertification hours for certain purposes;
   68         amending s. 633.082, F.S.; specifying required
   69         procedures for inspections of certain alarm systems,
   70         fire control systems, fire hydrants, and fire
   71         protection systems; requiring owners to replace fire
   72         sprinkler heads subject to government-mandated
   73         recalls; amending s. 633.085, F.S.; revising
   74         provisions relating to state buildings subject to
   75         inspections by the State Fire Marshal; amending s.
   76         633.161, F.S.; providing an additional violation
   77         subject to certain cease and desist orders; providing
   78         that violation of or failure to comply with such an
   79         order is a misdemeanor subject to certain penalties;
   80         amending s. 633.30, F.S.; revising definitions for
   81         standards for firefighting; amending s. 633.34, F.S.;
   82         revising qualifications for employment of
   83         firefighters; amending s. 633.35, F.S.; requiring the
   84         Division of State Fire Marshal to adopt rules
   85         establishing firefighter training programs for certain
   86         firefighting personnel; providing requirements and
   87         authority for certifications of certain firefighting
   88         personnel; authorizing the division to issue a Fire
   89         Service Administrative and Command Head certificate to
   90         certain persons for certain purposes; providing
   91         requirements and limitations; revising examination
   92         requirements; amending s. 633.351, F.S.; revising
   93         requirements, procedures, and standards for revocation
   94         of firefighter certification; requiring the division
   95         to adopt rules; amending s. 633.352, F.S.; revising
   96         requirements for retention of firefighter
   97         certification; amending s. 633.382, F.S.; revising
   98         definitions relating to supplemental compensation for
   99         career firefighters; revising qualifications for
  100         supplemental compensation; amending s. 633.521, F.S.;
  101         requiring certain applicants to undertake a completely
  102         new application process under certain circumstances
  103         and satisfy certain requirements; revising
  104         qualification and eligibility prerequisites for taking
  105         examinations for certifications of certain
  106         contractors; deleting an intent provision; amending s.
  107         633.524, F.S.; authorizing the State Fire Marshal to
  108         enter into contracts with qualified entities to
  109         provide certain examinations; authorizing the State
  110         Fire Marshal to direct payments from examination
  111         applicants directly to the contracted entity or
  112         company; amending s. 633.537, F.S.; deleting an
  113         obsolete continuing education curriculum requirement;
  114         amending s. 633.72, F.S.; providing for members of the
  115         Florida Fire Code Advisory Council to serve for two
  116         terms; amending s. 633.811, F.S.; authorizing the
  117         division to issue administrative cease and desist
  118         orders for certain violations under certain
  119         circumstances; requiring certain hearings to be held
  120         in Leon County; prohibiting the initiation of cease
  121         and desist orders or proceedings or the accrual of
  122         certain fines until after provision of notification
  123         and opportunity to correct a violation; amending s.
  124         633.821, F.S.; deleting certain obsolete workplace
  125         safety provisions; amending ss. 218.23 and 447.203,
  126         F.S.; conforming provisions relating to application to
  127         career firefighters; amending ss. 489.103 and 590.02,
  128         F.S.; conforming cross-references; amending s.
  129         1013.12, F.S.; deleting an annual reporting
  130         requirement of the State Fire Marshal; providing an
  131         effective date.
  132  
  133  Be It Enacted by the Legislature of the State of Florida:
  134  
  135         Section 1. Paragraph (d) of subsection (5) and subsection
  136  (9) of section 633.021, Florida Statutes, are amended to read:
  137         633.021 Definitions.—As used in this chapter:
  138         (5)
  139         (d) “Contractor IV” means a contractor whose business is
  140  limited to the execution of contracts requiring the ability to
  141  lay out, fabricate, install, inspect, alter, repair, and service
  142  automatic fire sprinkler systems for occupancies protected
  143  within the scope of the National Fire Protection Association
  144  publication NFPA 13D, Standard for the Installation of Sprinkler
  145  Systems in One- and Two-Family Dwellings and Manufactured Homes
  146  detached one-family dwellings, detached two-family dwellings,
  147  and mobile homes, excluding preengineered systems and excluding
  148  single-family homes in cluster units, such as apartments,
  149  condominiums, and assisted living facilities or any building
  150  that is connected to other dwellings.
  151  
  152  The definitions in this subsection must not be construed to
  153  include fire protection engineers or architects and do not limit
  154  or prohibit a licensed fire protection engineer or architect
  155  from designing any type of fire protection system. A distinction
  156  is made between system design concepts prepared by the design
  157  professional and system layout as defined in this section and
  158  typically prepared by the contractor. However, persons certified
  159  as a Contractor I, Contractor II, or Contractor IV under this
  160  chapter may design fire protection systems of 49 or fewer
  161  sprinklers, and may design the alteration of an existing fire
  162  sprinkler system if the alteration consists of the relocation,
  163  addition, or deletion of not more than 49 sprinklers,
  164  notwithstanding the size of the existing fire sprinkler system.
  165  A Contractor I, Contractor II, or Contractor IV may design a
  166  fire protection system the scope of which complies with NFPA
  167  13D, Standard for the Installation of Sprinkler Systems in One-
  168  and Two-Family Dwellings and Manufactured Homes, as adopted by
  169  the State Fire Marshal, notwithstanding the number of fire
  170  sprinklers. Contractor-developed plans may not be required by
  171  any local permitting authority to be sealed by a registered
  172  professional engineer.
  173         (9) A “fire protection system” is a system individually
  174  designed to protect the interior or exterior of a specific
  175  building or buildings, structure, or other special hazard from
  176  fire. Such systems include, but are not limited to, water
  177  sprinkler systems, water spray systems, foam-water sprinkler
  178  systems, foam-water spray systems, CO2 systems, foam
  179  extinguishing systems, dry chemical systems, and Halon and other
  180  chemical systems used for fire protection use. Such systems also
  181  include any overhead and underground fire mains, fire hydrants
  182  and hydrant mains, standpipes and hoses connected to sprinkler
  183  systems, sprinkler tank heaters, air lines, thermal systems used
  184  in connection with fire sprinkler systems, and tanks and pumps
  185  connected to fire sprinkler systems.
  186         Section 2. Subsection (1) of section 633.022, Florida
  187  Statutes, is amended to read:
  188         633.022 Uniform firesafety standards.—The Legislature
  189  hereby determines that to protect the public health, safety, and
  190  welfare it is necessary to provide for firesafety standards
  191  governing the construction and utilization of certain buildings
  192  and structures. The Legislature further determines that certain
  193  buildings or structures, due to their specialized use or to the
  194  special characteristics of the person utilizing or occupying
  195  these buildings or structures, should be subject to firesafety
  196  standards reflecting these special needs as may be appropriate.
  197         (1) The department shall establish uniform firesafety
  198  standards that apply to:
  199         (a) All new, existing, and proposed state-owned and state
  200  leased buildings, including state universities.
  201         (b) All new, existing, and proposed hospitals, nursing
  202  homes, assisted living facilities, adult family-care homes,
  203  correctional facilities, public schools, transient public
  204  lodging establishments, public food service establishments,
  205  elevators, migrant labor camps, mobile home parks, lodging
  206  parks, recreational vehicle parks, recreational camps,
  207  residential and nonresidential child care facilities, facilities
  208  for the developmentally disabled, motion picture and television
  209  special effects productions, tunnels, and self-service gasoline
  210  stations, of which standards the State Fire Marshal is the final
  211  administrative interpreting authority.
  212  
  213  In the event there is a dispute between the owners of the
  214  buildings specified in paragraph (b) and a local authority
  215  requiring a more stringent uniform firesafety standard for
  216  sprinkler systems, the State Fire Marshal shall be the final
  217  administrative interpreting authority and the State Fire
  218  Marshal’s interpretation regarding the uniform firesafety
  219  standards shall be considered final agency action.
  220         Section 3. Subsection (11) is added to section 633.025,
  221  Florida Statutes, to read:
  222         633.025 Minimum firesafety standards.—
  223         (11)(a) The plans for, and inspections of, manufactured
  224  buildings may be completed at the point of manufacture if:
  225         1. The person reviewing the plans and inspecting the
  226  manufactured or prototype building is a person currently
  227  certified as a firesafety inspector under s. 633.081(2); and
  228         2. The manufacturer’s modular data plate, stating that the
  229  building is in compliance with this chapter and the rules of the
  230  department, has been affixed to the building.
  231         (b) The local fire official shall recognize and approve
  232  such manufactured building, subject to local fire code
  233  amendments, acceptable performance testing of life safety
  234  systems, and site conditions. The cost of any additional work
  235  necessary to meet these requirements shall be borne by the
  236  manufacturer. The department may adopt rules to administer this
  237  subsection.
  238         Section 4. Section 633.026, Florida Statutes, is amended to
  239  read:
  240         633.026 Legislative intent; informal interpretations of the
  241  Florida Fire Prevention Code.—
  242         (1) It is the intent of the Legislature that:
  243         (a) The Florida Fire Prevention Code be interpreted by fire
  244  officials and local enforcement agencies in a manner that
  245  protects the public safety, health, and welfare by ensuring
  246  uniform interpretations throughout this state and by providing
  247  processes for resolving disputes regarding such interpretations
  248  which are just and expeditious.
  249         (b) Such processes provide for the expeditious resolution
  250  of the issues presented and that the resulting interpretation of
  251  such issues be published on the website of the Division of State
  252  Fire Marshal.
  253         (2) The Division of State Fire Marshal shall by rule
  254  establish an informal process of rendering nonbinding
  255  interpretations of the Florida Fire Prevention Code. The
  256  Division of State Fire Marshal may contract with and refer
  257  interpretive issues to a nonprofit organization that has
  258  experience in interpreting and enforcing the Florida Fire
  259  Prevention Code. The Division of State Fire Marshal shall
  260  immediately implement the process prior to the completion of
  261  formal rulemaking.
  262         (3)(a)It is the intent of the Legislature that The
  263  Division of State Fire Marshal shall establish create a Fire
  264  Code Interpretation Committee composed of seven persons and
  265  seven alternates, equally representing each area of the state
  266  process to refer questions to a small group of individuals
  267  certified under s. 633.081(2), to which a party can pose
  268  questions regarding the interpretation of Florida Fire
  269  Prevention Code provisions.
  270         (b) Each member and alternate member of the Fire Code
  271  Interpretation Committee must be certified as a firesafety
  272  inspector pursuant to s. 633.081 and must have a minimum of 5
  273  years of experience interpreting and enforcing the Florida Fire
  274  Prevention Code and the Life Safety Code. Each member and
  275  alternate member must be approved by the Division of State Fire
  276  Marshal and deemed by the division to have met these
  277  requirements for at least 30 days before participating in a
  278  review of a nonbinding interpretation.
  279         (4) Each nonbinding interpretation of code provisions must
  280  be provided within 10 business days after receipt of a request
  281  for an interpretation. The response period established in this
  282  subsection may be waived only with the written consent of the
  283  party requesting the nonbinding interpretation and the Division
  284  of State Fire Marshal. Nonbinding It is the intent of the
  285  Legislature that the process provide for the expeditious
  286  resolution of the issues presented and publication of the
  287  resulting interpretation on the website of the Division of State
  288  Fire Marshal. It is the intent of the Legislature that this
  289  program be similar to the program established by the Florida
  290  Building Commission in s. 553.775(3)(g). Such interpretations
  291  shall be advisory only and not binding nonbinding on the parties
  292  or the State Fire Marshal.
  293         (5) In order to administer this section, the Division of
  294  State Fire Marshal shall charge department may adopt by rule and
  295  impose a fee for each nonbinding interpretation interpretations,
  296  with payment made directly to the third party. The fee may not
  297  exceed $150 for each request for a review or interpretation. The
  298  division may authorize payment of fees directly to the nonprofit
  299  organization under contract pursuant to subsection (2).
  300         (6) A party requesting a nonbinding interpretation who
  301  disagrees with the interpretation issued under this section may
  302  apply for a formal interpretation from the State Fire Marshal
  303  pursuant to s. 633.01(6).
  304         (7) The Division of State Fire Marshal shall issue or cause
  305  to be issued a nonbinding interpretation of the Florida Fire
  306  Prevention Code pursuant to this section when requested to do so
  307  upon submission of a petition by the owner or owner’s
  308  representative, or the contractor or contractor’s
  309  representative, of a project in dispute or by a fire official.
  310  The division shall adopt a petition form by rule and the
  311  petition form must be published on the State Fire Marshal’s
  312  website. The form shall, at a minimum, require:
  313         (a) The name and address of the local fire official,
  314  including the address of the county, municipality, or special
  315  district.
  316         (b) The name and address of the owner or owner’s
  317  representative or the contractor or contractor’s representative.
  318         (c) A statement of the specific sections of the Florida
  319  Fire Prevention Code being interpreted by the local fire
  320  official.
  321         (d) An explanation of how the petitioner’s substantial
  322  interests are being affected by the local interpretation of the
  323  Florida Fire Prevention Code.
  324         (e) A statement of the interpretation of the specific
  325  sections of the Florida Fire Prevention Code by the local fire
  326  official.
  327         (f) A statement of the interpretation that the petitioner
  328  contends should be given to the specific sections of the Florida
  329  Fire Prevention Code and a statement supporting the petitioner’s
  330  interpretation.
  331         (8) Upon receipt of a petition that meets the requirements
  332  of subsection (7), the Division of State Fire Marshal shall
  333  immediately provide copies of the petition to the Fire Code
  334  Interpretation Committee, and shall publish the petition and any
  335  response submitted by the local fire official on the State Fire
  336  Marshal’s website.
  337         (9) The committee shall conduct proceedings as necessary to
  338  resolve the issues and give due regard to the petition, the
  339  facts of the matter at issue, specific code sections cited, and
  340  any implications of provisions of state law affecting the
  341  Florida Fire Prevention Code. The committee shall issue an
  342  interpretation regarding the provisions of the Florida Fire
  343  Prevention Code within 10 days after the filing of a petition.
  344  The committee shall issue an interpretation based upon the
  345  Florida Fire Prevention Code or, if the code is ambiguous, the
  346  intent of the code. The committee’s interpretation shall be
  347  provided to the petitioner and shall include a notice that, if
  348  the petitioner disagrees with the interpretation, the petitioner
  349  may file a request for formal interpretation by the State Fire
  350  Marshal under s. 633.01(6). The committee’s interpretation shall
  351  be provided to the State Fire Marshal, and the division shall
  352  publish the interpretation on the State Fire Marshal’s website
  353  and in the Florida Administrative Weekly.
  354         Section 5. Section 633.027, Florida Statutes, is amended to
  355  read:
  356         633.027 Buildings with light-frame truss-type construction;
  357  notice requirements; enforcement.—
  358         (1) The owner of any commercial or industrial structure, or
  359  any multiunit residential structure of three units or more, that
  360  uses light-frame truss-type construction shall mark the
  361  structure with a sign or symbol approved by the State Fire
  362  Marshal in a manner sufficient to warn persons conducting fire
  363  control and other emergency operations of the existence of
  364  light-frame truss-type construction in the structure.
  365         (2) The State Fire Marshal shall adopt rules necessary to
  366  implement the provisions of this section, including, but not
  367  limited to:
  368         (a) The dimensions and color of such sign or symbol.
  369         (b) The time within which commercial, industrial, and
  370  multiunit residential structures that use light-frame truss-type
  371  construction shall be marked as required by this section.
  372         (c) The location on each commercial, industrial, and
  373  multiunit residential structure that uses light-frame truss-type
  374  construction where such sign or symbol must be posted.
  375         (3) The State Fire Marshal, and local fire officials in
  376  accordance with s. 633.121, shall enforce the provisions of this
  377  section. Any owner who fails to comply with the requirements of
  378  this section is subject to penalties as provided in s. 633.161.
  379         (4) This section does not apply to townhouses designed and
  380  constructed in accordance with the Florida Building Code.
  381         Section 6. Subsections (1), (2), and (3) of section
  382  633.061, Florida Statutes, are amended to read:
  383         633.061 Fire suppression equipment; license to install or
  384  maintain.—
  385         (1)(a) It is unlawful for any organization or individual to
  386  engage in the business of servicing, repairing, recharging,
  387  testing, marking, inspecting, installing, or hydrotesting any
  388  fire extinguisher or preengineered system in this state except
  389  in conformity with the provisions of this chapter. Each
  390  organization or individual that engages in such activity must
  391  possess a valid and subsisting license issued by the State Fire
  392  Marshal. All fire extinguishers and preengineered systems
  393  required by statute or by rule must be serviced by an
  394  organization or individual licensed under the provisions of this
  395  chapter. A licensee who receives appropriate training shall not
  396  be prohibited by a manufacturer from servicing any particular
  397  brand of fire extinguisher or preengineered system. The licensee
  398  is legally qualified to act for the business organization in all
  399  matters connected with its business, and the licensee must
  400  supervise all activities undertaken by such business
  401  organization. Each licensee shall maintain a specific business
  402  location. A further requirement, in the case of multiple
  403  locations where such servicing or recharging is taking place, is
  404  that each licensee who maintains more than one place of business
  405  where actual work is carried on must possess an additional
  406  license, as set forth in this section, for each location, except
  407  that a licensed individual may not qualify for more than five
  408  locations. A licensee is limited to a specific type of work
  409  performed depending upon the class of license held. Licenses and
  410  license fees are required for the following:
  411         1.(a) Class A........................................$250
  412  To service, recharge, repair, install, or inspect all types of
  413  fire extinguishers and to conduct hydrostatic tests on all types
  414  of fire extinguishers.
  415         2.(b) Class B........................................$150
  416  To service, recharge, repair, install, or inspect all types of
  417  fire extinguishers, including recharging carbon dioxide units
  418  and conducting hydrostatic tests on all types of fire
  419  extinguishers, except carbon dioxide units.
  420         3.(c) Class C........................................$150
  421  To service, recharge, repair, install, or inspect all types of
  422  fire extinguishers, except recharging carbon dioxide units, and
  423  to conduct hydrostatic tests on all types of fire extinguishers,
  424  except carbon dioxide units.
  425         4.(d) Class D........................................$200
  426  To service, repair, recharge, hydrotest, install, or inspect all
  427  types of preengineered fire extinguishing systems.
  428         5.(e) Licenses issued as duplicates or to reflect a change
  429  of address...................................................$10
  430         (b)1. Any fire equipment dealer licensed pursuant to this
  431  subsection who does not want to engage in the business of
  432  servicing, inspecting, recharging, repairing, hydrotesting, or
  433  installing halon equipment must file an affidavit on a form
  434  provided by the division so stating. Licenses will be issued by
  435  the division to reflect the work authorized thereunder. It is
  436  unlawful, unlicensed activity for any person or firm to falsely
  437  hold himself or herself or a business organization out to
  438  perform any service, inspection, recharge, repair, hydrotest, or
  439  installation except as specifically described in the license.
  440         2.Any fire equipment dealer licensed pursuant to this
  441  subsection who wishes to withdraw a previously filed halon
  442  equipment exemption affidavit and engage in the business of
  443  servicing, inspecting, recharging, repairing, hydrotesting, or
  444  installing halon equipment must submit a written statement to
  445  the division requesting the withdrawal of the affidavit. The
  446  dealer must also submit to an inspection by the State Fire
  447  Marshal or his or her designee in order to determine that the
  448  dealer possesses the equipment required to service, recharge,
  449  repair, hydrotest, or install halon equipment and submit a fee
  450  of $50 for each license and $10 for each permit associated with
  451  the dealer.
  452         (2)(a) Each individual actually performing the work of
  453  servicing, recharging, repairing, hydrotesting, installing,
  454  testing, or inspecting fire extinguishers or preengineered
  455  systems must possess a valid and subsisting permit issued by the
  456  State Fire Marshal. Permittees are limited as to specific type
  457  of work performed to allow work no more extensive than the class
  458  of license held by the licensee under whom the permittee is
  459  working. Permits will be issued by the division and the fees
  460  required are as follows:
  461         1.(a) Portable permit.................................$90
  462  “Portable permittee” means a person who is limited to performing
  463  work no more extensive than the employing licensee in the
  464  servicing, recharging, repairing, installing, or inspecting all
  465  types of portable fire extinguishers.
  466         2.(b) Preengineered permit...........................$120
  467  “Preengineered permittee” means a person who is limited to the
  468  servicing, recharging, repairing, installing, or inspecting of
  469  all types of preengineered fire extinguishing systems.
  470         3.(c) Permits issued as duplicates or to reflect a change
  471  of address...................................................$10
  472         (b) Any fire equipment permittee licensed pursuant to this
  473  subsection who does not want to engage in servicing, inspecting,
  474  recharging, repairing, hydrotesting, or installing halon
  475  equipment must file an affidavit on a form provided by the
  476  division so stating. Permits will be issued by the division to
  477  reflect the work authorized thereunder. It is unlawful,
  478  unlicensed activity for any person or firm to falsely hold
  479  himself or herself out to perform any service, inspection,
  480  recharge, repair, hydrotest, or installation except as
  481  specifically described in the permit.
  482         (3)(a) Such licenses and permits shall be issued by the
  483  State Fire Marshal for 2 years beginning January 1, 2000, and
  484  each 2-year period thereafter and expiring December 31 of the
  485  second year. All licenses or permits issued will expire on
  486  December 31 of each odd-numbered year. The failure to renew a
  487  license or permit by December 31 of the second year will cause
  488  the license or permit to become inoperative. The holder of an
  489  inoperative license or permit shall not engage in any activities
  490  for which a license or permit is required by this section. A
  491  license or permit which is inoperative because of the failure to
  492  renew it shall be restored upon payment of the applicable fee
  493  plus a penalty equal to the applicable fee, if the application
  494  for renewal is filed no later than the following March 31. If
  495  the application for restoration is not made before the March
  496  31st deadline, the fee for restoration shall be equal to the
  497  original application fee and the penalty provided for herein,
  498  and, in addition, the State Fire Marshal shall require
  499  reexamination of the applicant. The fee for a license or permit
  500  issued for 1 year or less shall be prorated at 50 percent of the
  501  applicable fee for a biennial license or permit. Following the
  502  initial licensure, each licensee or permittee shall successfully
  503  complete a course or courses of continuing education for fire
  504  equipment technicians of at least 16 32 hours. A license or
  505  permit may not be renewed unless the licensee or permittee
  506  produces documentation of the completion of at least 16 hours of
  507  continuing education for fire equipment technicians during the
  508  biennial licensure period within 4 years of initial issuance of
  509  a license or permit and within each 4-year period thereafter or
  510  no such license or permit shall be renewed. A person who is both
  511  a licensee and a permittee shall be required to complete 16 32
  512  hours of continuing education during each renewal per 4-year
  513  period. Each licensee shall ensure that all permittees in his or
  514  her employment meet their continuing education requirements. The
  515  State Fire Marshal shall adopt rules describing the continuing
  516  education requirements and shall have the authority upon
  517  reasonable belief, to audit a fire equipment dealer to determine
  518  compliance with continuing education requirements.
  519         (b) The forms of such licenses and permits and applications
  520  therefor shall be prescribed by the State Fire Marshal; in
  521  addition to such other information and data as that officer
  522  determines is appropriate and required for such forms, there
  523  shall be included in such forms the following matters. Each such
  524  application shall be in such form as to provide that the data
  525  and other information set forth therein shall be sworn to by the
  526  applicant or, if a corporation, by an officer thereof. An
  527  application for a permit shall include the name of the licensee
  528  employing such permittee, and the permit issued in pursuance of
  529  such application shall also set forth the name of such licensee.
  530  A permit is valid solely for use by the holder thereof in his or
  531  her employment by the licensee named in the permit.
  532         (c) A license of any class shall not be issued or renewed
  533  by the State Fire Marshal and a license of any class shall not
  534  remain operative unless:
  535         1. The applicant has submitted to the State Fire Marshal
  536  evidence of registration as a Florida corporation or evidence of
  537  compliance with s. 865.09.
  538         2. The State Fire Marshal or his or her designee has by
  539  inspection determined that the applicant possesses the equipment
  540  required for the class of license sought. The State Fire Marshal
  541  shall give an applicant a reasonable opportunity to correct any
  542  deficiencies discovered by inspection. A fee of $50, payable to
  543  the State Fire Marshal, shall be required for any subsequent
  544  reinspection. To obtain such inspection, an applicant with
  545  facilities located outside this state must:
  546         a. Provide a notarized statement from an engineer licensed
  547  by the applicant’s state of domicile certifying that the
  548  applicant possesses the equipment required for the class of
  549  license sought and that all such equipment is operable; or
  550         b. Allow the State Fire Marshal or his or her designee to
  551  inspect the facility. All costs associated with the State Fire
  552  Marshal’s conduction of the inspection shall be paid by the
  553  applicant. The State Fire Marshal shall, in accordance with s.
  554  120.54, adopt by rule standards for the calculation and
  555  establishment of the amount of costs associated with any
  556  inspection conducted by the State Fire Marshal under this
  557  section. Such rules shall include procedures for invoicing and
  558  receiving funds in advance of the inspection.
  559         3. The applicant has submitted to the State Fire Marshal
  560  proof of insurance providing coverage for comprehensive general
  561  liability for bodily injury and property damage, products
  562  liability, completed operations, and contractual liability. The
  563  State Fire Marshal shall adopt rules providing for the amounts
  564  of such coverage, but such amounts shall not be less than
  565  $300,000 for Class A or Class D licenses, $200,000 for Class B
  566  licenses, and $100,000 for Class C licenses; and the total
  567  coverage for any class of license held in conjunction with a
  568  Class D license shall not be less than $300,000. The State Fire
  569  Marshal may, at any time after the issuance of a license or its
  570  renewal, require upon demand, and in no event more than 30 days
  571  after notice of such demand, the licensee to provide proof of
  572  insurance, on a form provided by the State Fire Marshal,
  573  containing confirmation of insurance coverage as required by
  574  this chapter. Failure, for any length of time, to provide proof
  575  of insurance coverage as required shall result in the immediate
  576  suspension of the license until proof of proper insurance is
  577  provided to the State Fire Marshal. An insurer which provides
  578  such coverage shall notify the State Fire Marshal of any change
  579  in coverage or of any termination, cancellation, or nonrenewal
  580  of any coverage.
  581         4. The applicant applies to the State Fire Marshal and
  582  successfully completes a prescribed training course offered by
  583  the State Fire College or an equivalent course approved by the
  584  State Fire Marshal. This subparagraph does not apply to any
  585  holder of or applicant for a permit under paragraph (f) or to a
  586  business organization or a governmental entity seeking initial
  587  licensure or renewal of an existing license solely for the
  588  purpose of inspecting, servicing, repairing, marking,
  589  recharging, and maintaining fire extinguishers used and located
  590  on the premises of and owned by such organization or entity.
  591         5. The applicant has a current retestor identification
  592  number that is appropriate for the license for which the
  593  applicant is applying and that is listed with the United States
  594  Department of Transportation.
  595         6. The applicant has passed, with a grade of at least 70
  596  percent, a written examination testing his or her knowledge of
  597  the rules and statutes regulating the activities authorized by
  598  the license and demonstrating his or her knowledge and ability
  599  to perform those tasks in a competent, lawful, and safe manner.
  600  Such examination shall be developed and administered by the
  601  State Fire Marshal, or his or her designee in accordance with
  602  policies and procedures of the State Fire Marshal. An applicant
  603  shall pay a nonrefundable examination fee of $50 for each
  604  examination or reexamination scheduled. No reexamination shall
  605  be scheduled sooner than 30 days after any administration of an
  606  examination to an applicant. No applicant shall be permitted to
  607  take an examination for any level of license more than a total
  608  of four times during 1 year, regardless of the number of
  609  applications submitted. As a prerequisite to licensure of the
  610  applicant:
  611         a. Must be at least 18 years of age.
  612         b. Must have 4 years of proven experience as a fire
  613  equipment permittee at a level equal to or greater than the
  614  level of license applied for or have a combination of education
  615  and experience determined to be equivalent thereto by the State
  616  Fire Marshal. Having held a permit at the appropriate level for
  617  the required period constitutes the required experience.
  618         c. Must not have been convicted of, or pled nolo contendere
  619  to, any felony. If an applicant has been convicted of any such
  620  felony, the applicant must comply with s. 112.011(1)(b).
  621  
  622  This subparagraph does not apply to any holder of or applicant
  623  for a permit under paragraph (f) or to a business organization
  624  or a governmental entity seeking initial licensure or renewal of
  625  an existing license solely for the purpose of inspecting,
  626  servicing, repairing, marking, recharging, hydrotesting, and
  627  maintaining fire extinguishers used and located on the premises
  628  of and owned by such organization or entity.
  629         (d) An applicant who fails the examination may take it
  630  three more times during the 1-year period after he or she
  631  originally filed an application for the examination. If the
  632  applicant fails the examination within 1 year after the
  633  application date and seeks to retake the examination, he or she
  634  must file a new application, pay the application and examination
  635  fees, and successfully complete a prescribed training course
  636  approved by the State Fire College or an equivalent course
  637  approved by the State Fire Marshal. An applicant may not submit
  638  a new application within 6 months after the date of his or her
  639  last reexamination.
  640         (d)(e) A fire equipment dealer licensed under this section
  641  may apply to upgrade the license currently held, if the licensed
  642  dealer:
  643         1. Submits an application for the license on a form in
  644  conformance with paragraph (b). The application must be
  645  accompanied by a fee as prescribed in subsection (1) for the
  646  type of license requested.
  647         2. Provides evidence of 2 years’ experience as a licensed
  648  dealer and meets such relevant educational requirements as are
  649  established by rule by the State Fire Marshal for purposes of
  650  upgrading a license.
  651         3. Meets the requirements of paragraph (c).
  652         (e) A fire equipment dealer licensed under this section may
  653  apply to downgrade the license currently held by the dealer, if
  654  the dealer:
  655         1. Submits an application for the downgraded license on a
  656  form in conformance with paragraph (b). The application must be
  657  accompanied by a fee as prescribed in subsection (1) for the
  658  type of license requested.
  659         2. Submits proof of insurance providing coverage meeting
  660  the requirements prescribed in subparagraph (c)3.
  661         3. Submits a fee of $10 for every permit associated with
  662  the license to be downgraded.
  663         (f) A No permit of any class may not shall be issued or
  664  renewed to a person by the State Fire Marshal, and a no permit
  665  of any class may not shall remain operative, unless the person
  666  has:
  667         1. Submitted a nonrefundable examination fee in the amount
  668  of $50.;
  669         2. Successfully completed a training course offered by the
  670  State Fire College or an equivalent course approved by the State
  671  Fire Marshal.; and
  672         3. Passed, with a grade of at least 70 percent, a written
  673  examination testing his or her knowledge of the rules and
  674  statutes regulating the activities authorized by the permit and
  675  demonstrating his or her knowledge and ability to perform those
  676  tasks in a competent, lawful, and safe manner. Such examination
  677  shall be developed and administered by the State Fire Marshal in
  678  accordance with the policies and procedures of the State Fire
  679  Marshal. An examination fee shall be paid for each examination
  680  scheduled. No reexamination shall be scheduled sooner than 30
  681  days after any administration of an examination to an applicant.
  682  No applicant shall be permitted to take an examination for any
  683  level of permit more than four times during 1 year, regardless
  684  of the number of applications submitted. As a prerequisite to
  685  taking the permit examination, the applicant must be at least 16
  686  years of age.
  687         (g) An applicant for a license or permit under this section
  688  who fails the examination may take the examination it three more
  689  times during the 1-year period after he or she originally filed
  690  an application for the examination. If the applicant fails the
  691  examination within 1 year after the application date and he or
  692  she seeks to retake the examination, he or she must file a new
  693  application, pay the application and examination fees, and
  694  successfully complete a prescribed training course offered by
  695  the State Fire College or an equivalent course approved by the
  696  State Fire Marshal. The applicant may not submit a new
  697  application within 6 months after the date of his or her last
  698  reexamination. An applicant who passes the examination but does
  699  not meet the remaining qualifications prescribed by law and rule
  700  within 1 year after the application date must file a new
  701  application, pay the application and examination fee,
  702  successfully complete a prescribed training course approved by
  703  the State Fire College or an equivalent course approved by the
  704  State Fire Marshal, and pass the written examination.
  705         Section 7. Subsection (3) of section 633.071, Florida
  706  Statutes, is amended to read:
  707         633.071 Standard service tag required on all fire
  708  extinguishers and preengineered systems; serial number required
  709  on all portable fire extinguishers; standard inspection tags
  710  required on all fire protection systems.—
  711         (3) The State Fire Marshal shall adopt by rule
  712  specifications as to the method of attachment and placement,
  713  size, shape, color, information, and data contained thereon of
  714  inspection tags to be attached to all types of fire protection
  715  systems and information required on an inspection report of such
  716  an inspection.
  717         Section 8. Section 633.081, Florida Statutes, is amended to
  718  read:
  719         633.081 Inspection of buildings and equipment; orders;
  720  firesafety inspection training requirements; certification;
  721  disciplinary action.—The State Fire Marshal and her or his
  722  agents may shall, at any reasonable hour, when the State Fire
  723  Marshal department has reasonable cause to believe that a
  724  violation of this chapter or s. 509.215, or a rule promulgated
  725  thereunder, or a minimum firesafety code adopted by the State
  726  Fire Marshal or a local authority, may exist, inspect any and
  727  all buildings and structures which are subject to the
  728  requirements of this chapter or s. 509.215 and rules promulgated
  729  thereunder. The authority to inspect shall extend to all
  730  equipment, vehicles, and chemicals which are located on or
  731  within the premises of any such building or structure.
  732         (1) Each county, municipality, and special district that
  733  has firesafety enforcement responsibilities shall employ or
  734  contract with a firesafety inspector. The firesafety inspector
  735  must conduct all firesafety inspections that are required by
  736  law, except as provided in subsection (4) and s. 633.082(2). The
  737  governing body of a county, municipality, or special district
  738  that has firesafety enforcement responsibilities may provide a
  739  schedule of fees to pay only the costs of inspections conducted
  740  pursuant to this subsection and related administrative expenses.
  741  Two or more counties, municipalities, or special districts that
  742  have firesafety enforcement responsibilities may jointly employ
  743  or contract with a firesafety inspector.
  744         (2) Except as provided in subsection (4) and s. 633.082(2),
  745  every firesafety inspection conducted pursuant to state or local
  746  firesafety requirements shall be by a person certified as having
  747  met the inspection training requirements set by the State Fire
  748  Marshal. Such person shall:
  749         (a) Be a high school graduate or the equivalent as the term
  750  may be determined by the division. department;
  751         (b) Not have been found guilty of, or having pled pleaded
  752  guilty or nolo contendere to, a felony or a crime punishable by
  753  imprisonment of 1 year or more under the laws law of the United
  754  States, or of any state thereof, or under the laws of any other
  755  country. An applicant for certification as a firesafety
  756  inspector with a prior felony conviction shall be excluded from
  757  such certification for a period of 4 years after expiration of
  758  the sentence or final release by the Parole Commission unless
  759  the applicant, prior to the expiration of the 4-year period, has
  760  received a full pardon or has had his or her civil rights
  761  restored. However, a person may be denied certification by the
  762  state, any of its agencies or political subdivisions, or any
  763  municipality by reason of the prior conviction for a crime if
  764  the crime was a felony or first degree misdemeanor and was
  765  directly related to the duties authorized under the
  766  certification. which involves moral turpitude, without regard to
  767  whether a judgment of conviction has been entered by the court
  768  having jurisdiction of such cases;
  769         (c) Have her or his fingerprints on file with the
  770  department or with an agency designated by the department.;
  771         (d) Have good moral character as determined by the
  772  department.;
  773         (e) Be at least 18 years of age.;
  774         (f) Have satisfactorily completed the firesafety inspector
  775  certification examination as prescribed by the department.; and
  776         (g)1. Have satisfactorily completed, as determined by the
  777  department, a firesafety inspector training program of not less
  778  than 200 hours established by the department and administered by
  779  agencies and institutions approved by the department for the
  780  purpose of providing basic certification training for firesafety
  781  inspectors; or
  782         2. Have received in another state training which is
  783  determined by the department to be at least equivalent to that
  784  required by the department for approved firesafety inspector
  785  education and training programs in this state.
  786         (3)(a)1. Effective July 1, 2012, the classification of
  787  special state firesafety inspector is abolished and all special
  788  state firesafety inspector certifications shall expire at
  789  midnight June 30, 2012.
  790         2. Any person who is a special state firesafety inspector
  791  on June 30, 2012, and who has failed to comply with paragraph
  792  (b) or paragraph (c) may not perform any firesafety inspection
  793  required by law.
  794         3. A special state firesafety inspector certificate may not
  795  be issued after June 30, 2010.
  796         (b)1. Any person who is a special state firesafety
  797  inspector on July 1, 2010, and who has at least 5 years of
  798  experience as a special state firesafety inspector as of July 1,
  799  2010, may take the firesafety inspection examination as provided
  800  in paragraph (2)(f) for firesafety inspectors before July 1,
  801  2012, to be certified as a firesafety inspector under this
  802  section.
  803         2. Upon passing the examination, the person shall be
  804  certified as a firesafety inspector as provided in this section.
  805         3. A person who fails to become certified must comply with
  806  paragraph (c) to be certified as a firesafety inspector under
  807  this section.
  808         (c)1. To be certified as a firesafety inspector under this
  809  section, any person who:
  810         a. Is a special state firesafety inspector on July 1, 2010,
  811  and who does not have 5 years of experience as a special state
  812  firesafety inspector as of July 1, 2010; or
  813         b. Has 5 years of experience as a special state firesafety
  814  inspector but has failed the examination taken as provided in
  815  paragraph (2)(f),
  816  
  817  must take an additional 80 hours of the courses described in
  818  paragraph (2)(g).
  819         2. After successfully completing the courses described in
  820  this paragraph, such person may take the firesafety inspection
  821  examination as provided in (2)(f), if such examination is taken
  822  before July 1, 2012.
  823         3. Upon passing the examination, the person shall be
  824  certified as a firesafety inspector as provided in this section.
  825         4. A person who fails the course of study or the
  826  examination described in this paragraph may not perform any
  827  firesafety inspection required by law on or after July 1, 2012.
  828  Each special state firesafety inspection which is required by
  829  law and is conducted by or on behalf of an agency of the state
  830  must be performed by an individual who has met the provision of
  831  subsection (2), except that the duration of the training program
  832  shall not exceed 120 hours of specific training for the type of
  833  property that such special state firesafety inspectors are
  834  assigned to inspect.
  835         (4) A firefighter certified pursuant to s. 633.35 may
  836  conduct firesafety inspections, under the supervision of a
  837  certified firesafety inspector, while on duty as a member of a
  838  fire department company conducting inservice firesafety
  839  inspections without being certified as a firesafety inspector,
  840  if such firefighter has satisfactorily completed an inservice
  841  fire department company inspector training program of at least
  842  24 hours’ duration as provided by rule of the department.
  843         (5) Every firesafety inspector or special state firesafety
  844  inspector certificate is valid for a period of 3 years after
  845  from the date of issuance. Renewal of certification shall be
  846  subject to the affected person’s completing proper application
  847  for renewal and meeting all of the requirements for renewal as
  848  established under this chapter or by rule adopted under this
  849  chapter promulgated thereunder, which shall include completion
  850  of at least 40 hours during the preceding 3-year period of
  851  continuing education as required by the rule of the department
  852  or, in lieu thereof, successful passage of an examination as
  853  established by the department.
  854         (6) The State Fire Marshal may deny, refuse to renew,
  855  suspend, or revoke the certificate of a firesafety inspector or
  856  special state firesafety inspector if the State Fire Marshal it
  857  finds that any of the following grounds exist:
  858         (a) Any cause for which issuance of a certificate could
  859  have been refused had it then existed and been known to the
  860  State Fire Marshal.
  861         (b) Violation of this chapter or any rule or order of the
  862  State Fire Marshal.
  863         (c) Falsification of records relating to the certificate.
  864         (d) Having been found guilty of or having pleaded guilty or
  865  nolo contendere to a felony, whether or not a judgment of
  866  conviction has been entered.
  867         (e) Failure to meet any of the renewal requirements.
  868         (f) Having been convicted of a crime in any jurisdiction
  869  which directly relates to the practice of fire code inspection,
  870  plan review, or administration.
  871         (g) Making or filing a report or record that the
  872  certificateholder knows to be false, or knowingly inducing
  873  another to file a false report or record, or knowingly failing
  874  to file a report or record required by state or local law, or
  875  knowingly impeding or obstructing such filing, or knowingly
  876  inducing another person to impede or obstruct such filing.
  877         (h) Failing to properly enforce applicable fire codes or
  878  permit requirements within this state which the
  879  certificateholder knows are applicable by committing willful
  880  misconduct, gross negligence, gross misconduct, repeated
  881  negligence, or negligence resulting in a significant danger to
  882  life or property.
  883         (i) Accepting labor, services, or materials at no charge or
  884  at a noncompetitive rate from any person who performs work that
  885  is under the enforcement authority of the certificateholder and
  886  who is not an immediate family member of the certificateholder.
  887  For the purpose of this paragraph, the term “immediate family
  888  member” means a spouse, child, parent, sibling, grandparent,
  889  aunt, uncle, or first cousin of the person or the person’s
  890  spouse or any person who resides in the primary residence of the
  891  certificateholder.
  892         (7) The department shall provide by rule for the
  893  certification of firesafety inspectors.
  894         (8) The State Fire Marshal may develop by rule an advanced
  895  training and certification program for firesafety inspectors
  896  with fire code management responsibilities. This program must be
  897  consistent with the appropriate provisions of the National Fire
  898  Protection Association publication NFPA 1037, Standard for
  899  Professional Qualifications for Fire Marshal, or similar
  900  standards adopted by the division. The program must establish
  901  minimum training, education, and experience levels for fire
  902  safety inspectors with fire code management responsibilities.
  903         (9) The Division of State Fire Marshal and the Florida
  904  Building Code Administrators and Inspectors Board established
  905  pursuant to s. 468.605 shall enter into a reciprocity agreement
  906  to facilitate joint recognition of continuing education
  907  recertification hours for certificateholders licensed in
  908  accordance with s. 468.609 and firesafety inspectors certified
  909  under this section.
  910         Section 9. Subsection (2) of section 633.082, Florida
  911  Statutes, is amended, and subsection (6) is added to that
  912  section, to read:
  913         633.082 Inspection of fire control systems, fire hydrants,
  914  and fire protection systems.—
  915         (2) Fire hydrants and fire protection systems installed in
  916  public and private properties, except one-family or two-family
  917  dwellings, in this state shall be inspected following procedures
  918  established in the nationally recognized inspection, testing,
  919  and maintenance standards NFPA-24 and NFPA-25 as set forth in
  920  the edition adopted by the State Fire Marshal. Quarterly,
  921  annual, 3-year, and 5-year inspections consistent with the
  922  contractual provisions with the owner shall be conducted by the
  923  certificateholder or permittees employed by the
  924  certificateholder pursuant to s. 633.521.
  925         (a) All alarm systems shall be serviced, tested, repaired,
  926  inspected, and improved in compliance with the provisions of the
  927  applicable standards of the National Fire Protection Association
  928  adopted by the State Fire Marshal pursuant to ss. 633.071 and
  929  633.701.
  930         (b) Fire hydrants owned by public governmental entities
  931  shall be inspected following procedures established in the
  932  nationally recognized inspection, testing, and maintenance
  933  standards adopted by the State Fire Marshal. County, municipal,
  934  and special district utilities may comply with this section with
  935  designated employees notwithstanding the requirements of s.
  936  633.081. However, private contractors must be licensed pursuant
  937  to this chapter.
  938         (c) Fire protection systems installed in public and private
  939  properties, and private hydrants that are attached to and an
  940  integral part of the fire protection system, shall be inspected
  941  following procedures established in the nationally recognized
  942  inspection, testing, and maintenance standards adopted by the
  943  State Fire Marshal.
  944         (6) The owner shall replace any fire sprinkler heads that
  945  have been identified by a governmental regulatory agency as
  946  subject to a recall for a material defect in design or
  947  workmanship.
  948         Section 10. Paragraph (a) of subsection (1) and subsections
  949  (2), (3), and (4) of section 633.085, Florida Statutes, are
  950  amended to read:
  951         633.085 Inspections of state buildings and premises; tests
  952  of firesafety equipment; building plans to be approved.—
  953         (1)(a) It is the duty of the State Fire Marshal and her or
  954  his agents to inspect, or cause to be inspected, each state
  955  owned building, and each building located on land owned by the
  956  state and used primarily for state purposes as determined by the
  957  State Fire Marshal with such building for purposes of this
  958  section referred to as a state-owned building, on a recurring
  959  basis established by rule, and to ensure that high-hazard
  960  occupancies are inspected at least annually, for the purpose of
  961  ascertaining and causing to be corrected any conditions liable
  962  to cause fire or endanger life from fire and any violation of
  963  the firesafety standards for state-owned buildings, the
  964  provisions of this chapter, or the rules or regulations adopted
  965  and promulgated pursuant hereto. The State Fire Marshal shall,
  966  within 7 days following an inspection, submit a report of such
  967  inspection to the head of the department of state government
  968  responsible for the building.
  969         (2) The State Fire Marshal and her or his agents may shall
  970  conduct performance tests on any electronic fire warning and
  971  smoke detection system, and any pressurized air-handling unit,
  972  in any state-owned building or state-leased space on a recurring
  973  basis as provided in subsection (1). The State Fire Marshal and
  974  her or his agents shall also ensure that fire drills are
  975  conducted in all high-hazard state-owned building or high-hazard
  976  state-leased high-hazard occupancies at least annually.
  977         (3) All construction of any new, or renovation, alteration,
  978  or change of occupancy of any existing, state-owned building or
  979  state-leased building or space shall comply with the uniform
  980  firesafety standards of the State Fire Marshal.
  981         (a) For all new construction or renovation, alteration, or
  982  change of occupancy of state-leased space, compliance with the
  983  uniform firesafety standards shall be determined by reviewing
  984  the plans for the proposed construction or occupancy submitted
  985  by the lessor to the Division of State Fire Marshal for review
  986  and approval prior to commencement of construction or occupancy,
  987  which review shall be completed within 10 working days after
  988  receipt of the plans by the Division of State Fire Marshal.
  989         (b) The plans for all construction of any new, or
  990  renovation or alteration of any existing, state-owned building
  991  are subject to the review and approval of the Division of State
  992  Fire Marshal for compliance with the uniform firesafety
  993  standards prior to commencement of construction or change of
  994  occupancy, which review shall be completed within 30 calendar
  995  days of receipt of the plans by the Division of State Fire
  996  Marshal.
  997         (4) The Division of State Fire Marshal may inspect state
  998  owned buildings and space and state-leased buildings and space
  999  as necessary prior to occupancy or during construction,
 1000  renovation, or alteration to ascertain compliance with the
 1001  uniform firesafety standards. Whenever the Division of State
 1002  Fire Marshal determines by virtue of such inspection or by
 1003  review of plans that construction, renovation, or alteration of
 1004  state-owned buildings and state-leased space is not in
 1005  compliance with the uniform firesafety standards, the Division
 1006  of State Fire Marshal shall issue an order to cease
 1007  construction, renovation, or alteration, or to preclude
 1008  occupancy, of a building until compliance is obtained, except
 1009  for those activities required to achieve such compliance.
 1010         Section 11. Subsections (1) and (3) of section 633.161,
 1011  Florida Statutes, are amended to read:
 1012         633.161 Violations; orders to cease and desist, correct
 1013  hazardous conditions, preclude occupancy, or vacate;
 1014  enforcement; penalties.—
 1015         (1) If it is determined by the department that a violation
 1016  specified in this subsection exists, the State Fire Marshal or
 1017  her or his agent deputy may issue and deliver to the person
 1018  committing the violation an order to cease and desist from such
 1019  violation, to correct any hazardous condition, to preclude
 1020  occupancy of the affected building or structure, or to vacate
 1021  the premises of the affected building or structure. Such
 1022  violations consist of are:
 1023         (a) Except as set forth in paragraph (b), a violation of
 1024  any provision of this chapter, of any rule adopted pursuant
 1025  thereto, of any applicable uniform firesafety standard adopted
 1026  pursuant to s. 633.022 which is not adequately addressed by any
 1027  alternative requirements adopted on a local level, or of any
 1028  minimum firesafety standard adopted pursuant to s. 394.879.
 1029         (b) A substantial violation of an applicable minimum
 1030  firesafety standard adopted pursuant to s. 633.025 which is not
 1031  reasonably addressed by any alternative requirement imposed at
 1032  the local level, or an unreasonable interpretation of an
 1033  applicable minimum firesafety standard, and which violation or
 1034  interpretation clearly constitutes a danger to lifesafety.
 1035         (c) A building or structure which is in a dilapidated
 1036  condition and as a result thereof creates a danger to life,
 1037  safety, or property.
 1038         (d) A building or structure which contains explosive matter
 1039  or flammable liquids or gases constituting a danger to life,
 1040  safety, or property.
 1041         (e) Any organization that acts as or offers to act as a
 1042  fire department that is not designated as a fire department by a
 1043  political subdivision of the state.
 1044         (3) Any person who violates or fails to comply with any
 1045  order under subsection (1) or subsection (2) commits is guilty
 1046  of a misdemeanor, punishable as provided in s. 633.171.
 1047         Section 12. Section 633.30, Florida Statutes, is amended to
 1048  read:
 1049         633.30 Standards for firefighting; definitions.—As used in
 1050  this chapter, the term:
 1051         (1) “Career firefighter” means any person who is
 1052  compensated at an hourly rate or is salaried and whose work
 1053  hours are scheduled in advance to maintain a schedule of
 1054  coverage at a state facility or area to function as described in
 1055  subsection (8).
 1056         (2)(4) “Council” means the Firefighters Employment,
 1057  Standards, and Training Council.
 1058         (3) “Department” means the Department of Financial
 1059  Services.
 1060         (4)(5) “Division” means the Division of State Fire Marshal
 1061  of the Department of Financial Services.
 1062         (5)(2) “Employing agency” means any municipality or county,
 1063  the state, or any political subdivision of the state, including
 1064  authorities and special districts, employing firefighters as
 1065  defined in subsection (8) (1).
 1066         (6) “Fire department” means an organization designated by a
 1067  county, municipality, or independent special fire control
 1068  district to provide emergency responses for the protection of
 1069  life and property within a specified geographical area.
 1070         (7) “Fire service aide” means a high school student or
 1071  other individual who completes a course of instruction and
 1072  examination approved by the division that includes specified
 1073  components of firefighter I and II certification in accordance
 1074  with the division’s rules.
 1075         (8)(1) “Firefighter” means any person initially employed as
 1076  a full-time professional firefighter by any employing agency, as
 1077  defined herein, whose primary responsibility is the emergency
 1078  response to fires and other emergencies, the prevention and
 1079  extinguishment of fires, the protection and saving of life and
 1080  property, and the enforcement of municipal, county, and state
 1081  fire prevention codes, as well as of any law pertaining to the
 1082  prevention and control of fires.
 1083         (9) “Firefighter I” means the classification for a person
 1084  who has successfully completed the firefighter I training
 1085  program and is certified at level I in accordance with the
 1086  division’s rules.
 1087         (10) “Firefighter II” means the classification for a person
 1088  who has successfully completed the firefighter II training
 1089  program and is certified at level II in accordance with the
 1090  division’s rules. Firefighter II classification is the minimum
 1091  level of certification to function as a career firefighter.
 1092         Section 13. Section 633.34, Florida Statutes, is amended to
 1093  read:
 1094         633.34 Firefighters; qualifications for employment.—
 1095         (1) Any individual person applying for employment or
 1096  training as a firefighter must:
 1097         (a)(1) Be a high school graduate or the equivalent, as the
 1098  term may be determined by the division, and at least 18 years of
 1099  age.
 1100         (b)(2)Not Neither have been found guilty convicted of or
 1101  pled guilty or a felony or of a misdemeanor directly related to
 1102  the position of employment sought, nor have pled nolo contendere
 1103  to any charge of a felony or a crime punishable by imprisonment
 1104  of 1 year or more under the laws of the United States or of any
 1105  state thereof or under the laws of any other country. If an
 1106  applicant has been convicted of a felony, such applicant must be
 1107  in compliance with s. 112.011(2)(b). If an applicant has been
 1108  convicted of a misdemeanor directly related to the position of
 1109  employment sought, such applicant shall be excluded from
 1110  employment for a period of 4 years after expiration of sentence.
 1111  If the sentence is suspended or adjudication is withheld in a
 1112  felony charge or in a misdemeanor directly related to the
 1113  position or employment sought and a period of probation is
 1114  imposed, the applicant must have been released from probation.
 1115         (c)(3)Have paid the required fee for fingerprint
 1116  processing and submitted fingerprints as directed by the
 1117  division. Submit a fingerprint card to the division with a
 1118  current processing fee. The fingerprints shall fingerprint card
 1119  will be forwarded to the Department of Law Enforcement and
 1120  and/or the Federal Bureau of Investigation for analysis pursuant
 1121  to s. 624.34.
 1122         (4) Have a good moral character as determined by
 1123  investigation under procedure established by the division.
 1124         (d)(5) Be in good physical condition as determined by a
 1125  recent medical examination, conducted in accordance with the
 1126  medical requirements for training and certification as set forth
 1127  in rules adopted by the division, given by a physician, surgeon,
 1128  or physician assistant licensed to practice in the state
 1129  pursuant to chapter 458; an osteopathic physician, surgeon, or
 1130  physician assistant licensed to practice in the state pursuant
 1131  to chapter 459; or an advanced registered nurse practitioner
 1132  licensed to practice in the state pursuant to chapter 464. Such
 1133  examination may include, but need not be limited to, provisions
 1134  of the National Fire Protection Association Standard 1582.
 1135  Results of such A medical examination evidencing good physical
 1136  condition shall be submitted to the division, on a form as
 1137  provided by rule, before an individual is eligible for admission
 1138  into a firefighter training program as defined in s. 633.35.
 1139         (e)(6) Be a nonuser of tobacco or tobacco products for at
 1140  least 1 year immediately preceding application or employment or
 1141  commencement of training for certification as a career
 1142  firefighter, as evidenced by the sworn affidavit of the
 1143  applicant. A career firefighter certified after December 31,
 1144  2010, must be a nonuser of tobacco as a condition of employment.
 1145         (2) An individual who does not hold a fire service aide,
 1146  firefighter I, or firefighter II certificate may not engage in
 1147  any operations that require the knowledge and skills taught in
 1148  the training programs established by the division, regardless of
 1149  volunteer or employment status.
 1150         Section 14. Section 633.35, Florida Statutes, is amended to
 1151  read:
 1152         633.35 Firefighter training and certification.—
 1153         (1) The division shall adopt rules to establish a
 1154  firefighter training programs for certification as a fire
 1155  service aide, a firefighter I, and a firefighter II, to be
 1156  program of not less than 360 hours, administered by such
 1157  agencies and institutions approved by the division in accordance
 1158  with division rules as it approves for the purpose of providing
 1159  basic employment training for firefighters. Nothing herein shall
 1160  require a public employer to pay the cost of such training.
 1161  Certificates of compliance previously issued by this state that
 1162  do not identify Level I or Level II but that comply with the
 1163  requirements of ss. 633.351 and 633.352 shall remain in effect.
 1164         (2) The division shall issue certificates a certificate of
 1165  compliance for certification as a fire service aide, a
 1166  firefighter I, and a firefighter II to any individual person who
 1167  has satisfactorily completed complying with the training
 1168  programs program established in subsection (1), who has
 1169  successfully passed an examination as prescribed by the
 1170  division, and who possesses the qualifications specified for
 1171  employment in s. 633.34, except s. 633.34(5). An individual No
 1172  person may not be employed as a career regular or permanent
 1173  firefighter by an employing agency, or by a private entity under
 1174  contract with the state or any political subdivision of the
 1175  state, including authorities and special districts, unless the
 1176  individual is certified as a firefighter II, except for an
 1177  individual hired to be trained and become certified as a
 1178  firefighter II. An individual hired to be trained and become
 1179  certified as a firefighter II has no longer than for a period of
 1180  time in excess of 1 year after from the date of initial
 1181  employment to obtain the firefighter II until he or she has
 1182  obtained such certificate of compliance. An individual A person
 1183  who does not hold a firefighter II certificate of compliance and
 1184  is employed under this section may not directly engage in
 1185  hazardous operations, such as interior structural firefighting
 1186  and hazardous-materials-incident mitigation, requiring the
 1187  knowledge and skills taught in a training program established in
 1188  subsection (1). However, a current member of an employing agency
 1189  person who is certified as a fire service aide or a firefighter
 1190  I has served as a volunteer firefighter with the state or any
 1191  political subdivision of the state, including authorities and
 1192  special districts, who is then employed as a career regular or
 1193  permanent firefighter by the same employing agency may function,
 1194  during this initial 1-year period, in the same capacity in which
 1195  he or she acted prior to being employed as a career firefighter
 1196  by the employing agency as a volunteer firefighter, provided
 1197  that he or she has completed all training required by the
 1198  volunteer organization.
 1199         (3) The division may issue a certificate of compliance as a
 1200  firefighter I or firefighter II to any individual person who has
 1201  received basic employment training for firefighters in another
 1202  state when the division has determined that such training was at
 1203  least equivalent to that required by the division for approved
 1204  firefighter education and training programs in this state and
 1205  when such person has satisfactorily complied with all other
 1206  requirements of this section.
 1207         (4) The division may also issue a Fire Service
 1208  Administrative and Command Head special certificate to an
 1209  individual a person who received training in another state and
 1210  is otherwise qualified under this section and who is employed as
 1211  the administrative and command head of a fire/rescue/emergency
 1212  services organization, based on the acknowledgment that such
 1213  individual person is less likely to need physical dexterity and
 1214  more likely to need advanced knowledge of firefighting and
 1215  supervisory skills. For purposes of this subsection:
 1216         (a) The certificate is valid only while the individual
 1217  person is serving in a position as an administrative and command
 1218  head of a fire/rescue/emergency services organization.
 1219         (b) The certificateholder is limited at emergency scenes to
 1220  command and control functions.
 1221         (c) From the date of being hired, the individual has 1 year
 1222  to acquire the certificate. During the period from being hired
 1223  to the issuance of the special certificate, the individual may
 1224  operate only in an administrative capacity and may not engage in
 1225  any emergency activity including command and control functions
 1226  at such emergencies.
 1227         (d) If at the end of the 1-year period, the individual has
 1228  not acquired the certificate, the employing agency shall
 1229  terminate the employment of the individual or submit an
 1230  affidavit approved by the division attesting that the individual
 1231  functions only in an administrative capacity.
 1232         (5)(4)An applicant A person who fails a required an
 1233  examination given under this section may retake the examination
 1234  once within 6 months after the original examination date. An
 1235  applicant who does not pass retake the examination within such
 1236  time must repeat or take the applicable training program take
 1237  the Minimum Standards Course, pursuant to subsection (1), before
 1238  being reexamined. The division may establish reasonable
 1239  preregistration deadlines for such reexaminations.
 1240         (6)(5) Pursuant to s. 590.02(1)(e), the division shall
 1241  establish a structural fire training program of not less than 40
 1242  hours. The division shall issue to any person satisfactorily
 1243  complying with this training program and who has successfully
 1244  passed an examination as prescribed by the division and who has
 1245  met the requirements of s. 590.02(1)(e) a Certificate of
 1246  Forestry Firefighter.
 1247         (7)(6) A certified forestry firefighter is entitled to the
 1248  same rights, privileges, and benefits provided for by law as a
 1249  career certified firefighter.
 1250         Section 15. Section 633.351, Florida Statutes, is amended
 1251  to read:
 1252         633.351 Disciplinary action; firefighters; standards for
 1253  revocation of certification.—
 1254         (1) The certification of a firefighter shall be revoked by
 1255  the department if evidence is found that the certification was
 1256  improperly issued by the division or if evidence is found that
 1257  the certification was issued on the basis of false, incorrect,
 1258  incomplete, or misleading information.
 1259         (2) The department shall revoke the certification of a
 1260  firefighter who has been found guilty of, or pled guilty or nolo
 1261  contendere to, any felony or a crime punishable by imprisonment
 1262  of 1 year or more under the laws of the United States or any
 1263  state of the United States or under the laws of any other
 1264  country, without regard to whether a judgment of conviction has
 1265  been entered or adjudication has been withheld by the court
 1266  having jurisdiction of the case is convicted of a felony, or who
 1267  is convicted of a misdemeanor relating to misleading or false
 1268  statements, or who pleads nolo contendere to any charge of a
 1269  felony shall be revoked until the firefighter complies with s.
 1270  112.011(2)(b). However, if sentence upon such felony or such
 1271  misdemeanor charge is suspended or adjudication is withheld, the
 1272  firefighter’s certification shall be revoked until she or he
 1273  completes any probation.
 1274         (3) If a firefighter certification is revoked, all
 1275  certifications issued in accordance with s. 633.33 held by the
 1276  individual shall also be revoked.
 1277         (4) The division shall adopt rules setting forth the
 1278  conditions under which an individual whose certificate has been
 1279  revoked can be issued a new certificate of compliance.
 1280         Section 16. Section 633.352, Florida Statutes, is amended
 1281  to read:
 1282         633.352 Retention of firefighter certification.—
 1283         (1) Any certified firefighter who has not been active as a
 1284  firefighter, or as a volunteer firefighter with an organized
 1285  fire department, for a period of at least 3 years but less than
 1286  6 years shall be required to retake and pass the written and
 1287  practical portions portion of the minimum standards state
 1288  examination specified in division rules rule 4A-37.056(6)(b),
 1289  Florida Administrative Code, in order to maintain her or his
 1290  certification as a firefighter; however, this requirement does
 1291  not apply to state-certified instructors, as determined by the
 1292  division. The 3-year period begins on the date the certificate
 1293  of compliance is issued or upon termination of service with an
 1294  organized fire department.
 1295         (2) The certification of a firefighter who has not been
 1296  active as a firefighter with an organized fire department for
 1297  more than 6 years automatically expires. To acquire
 1298  certification, the individual must comply with current
 1299  curriculum and certification requirements as defined in division
 1300  rules.
 1301         (3) The 3-year and 6-year periods, as applicable, begin on
 1302  the date the firefighter I or firefighter II certificate of
 1303  compliance is issued or upon the date of termination of service
 1304  with an organized fire department.
 1305         (4) A certified firesafety inspector employed or under
 1306  contract as a firesafety inspector for any agency set forth in
 1307  s. 633.081(1) and a certified active fire instructor who is also
 1308  a certified firefighter retains his or her firefighter
 1309  certification as provided by division rule.
 1310         Section 17. Subsections (1), (2), (3), and (4) of section
 1311  633.382, Florida Statutes, are amended to read:
 1312         633.382 Career firefighters; supplemental compensation.—
 1313         (1) DEFINITION DEFINITIONS.—As used in this section, the
 1314  term “accredited” means having received accreditation from an
 1315  accrediting agency that is recognized by the United States
 1316  Department of Education.:
 1317         (a) “Employing agency” means any municipality or any
 1318  county, the state, or any political subdivision of the state,
 1319  including authorities and special districts employing
 1320  firefighters.
 1321         (b) “Firefighter” means any person who meets the definition
 1322  of the term “firefighter” in s. 633.30(1) who is certified in
 1323  compliance with s. 633.35 and who is employed solely within the
 1324  fire department of the employing agency or is employed by the
 1325  division.
 1326         (2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.—
 1327         (a) In addition to the compensation now paid by an
 1328  employing agency to a career any firefighter, except a career
 1329  firefighter employed by a private entity under contract to
 1330  provide services to a municipality or county, the state, or any
 1331  political subdivision of the state, including authorities and
 1332  special districts, every career firefighter shall be paid
 1333  supplemental compensation by the employing agency when such
 1334  firefighter has complied with one of the following criteria:
 1335         1. Any career firefighter who receives an associate degree
 1336  from an accredited a college, which degree is applicable to fire
 1337  department duties, as outlined in policy guidelines of the
 1338  division, shall be additionally compensated as outlined in
 1339  paragraph (3)(a).
 1340         2. Any career firefighter, regardless of whether or not she
 1341  or he earned an associate degree earlier, who receives from an
 1342  accredited college or university a bachelor’s degree, which
 1343  bachelor’s degree is applicable to fire department duties, as
 1344  outlined in policy guidelines of the division, shall receive
 1345  compensation as outlined in paragraph (3)(b).
 1346         (b) Whenever any question arises as to the eligibility of
 1347  any career firefighter to receive supplemental compensation as
 1348  provided in this section, the question, together with all facts
 1349  relating thereto, shall be submitted to the division for
 1350  determination, and the decision of the division with regard to
 1351  determination of eligibility shall be final, subject to the
 1352  provisions of chapter 120.
 1353         (3) SUPPLEMENTAL COMPENSATION.—Supplemental compensation
 1354  shall be determined as follows:
 1355         (a) Fifty dollars shall be paid monthly to each career
 1356  firefighter who qualifies under the provisions of subparagraph
 1357  (2)(a)1.
 1358         (b) One hundred and ten dollars shall be paid monthly to
 1359  each career firefighter who qualifies under the provisions of
 1360  subparagraph (2)(a)2.
 1361         (4) FUNDING.—
 1362         (a) The employing agency is responsible for the correct
 1363  payment of career firefighters pursuant to the provisions of
 1364  this section. The division may review, in a postaudit capacity,
 1365  any action taken by an agency in administering the educational
 1366  incentive program. The employing agency shall take appropriate
 1367  action when a postaudit shows that an action taken by the
 1368  employing agency was in error.
 1369         (b) Each agency employing career firefighters who are
 1370  eligible for this compensation shall submit reports containing
 1371  information relating to compensation paid as a result of this
 1372  section to the division on March 31, June 30, September 30, and
 1373  December 31 of each year.
 1374         (c) There is appropriated from the Police and Firefighter’s
 1375  Premium Tax Trust Fund to the Firefighters’ Supplemental
 1376  Compensation Trust Fund, which is hereby created under the
 1377  Department of Revenue, all moneys which have not been
 1378  distributed to municipalities and special fire control districts
 1379  in accordance with s. 175.121 as a result of the limitation
 1380  contained in s. 175.122 on the disbursement of revenues
 1381  collected pursuant to chapter 175 or as a result of any
 1382  municipality or special fire control district not having
 1383  qualified in any given year, or portion thereof, for
 1384  participation in the distribution of the revenues collected
 1385  pursuant to chapter 175. The total required annual distribution
 1386  from the Firefighters’ Supplemental Compensation Trust Fund
 1387  shall equal the amount necessary to pay supplemental
 1388  compensation as provided in this section, provided that:
 1389         1. Any deficit in the total required annual distribution
 1390  shall be made up from accrued surplus funds existing in the
 1391  Firefighters’ Supplemental Compensation Trust Fund on June 30,
 1392  1990, for as long as such funds last. If the accrued surplus is
 1393  insufficient to cure the deficit in any given year, the
 1394  proration of the appropriation among the counties,
 1395  municipalities, and special fire service taxing districts shall
 1396  equal the ratio of compensation paid in the prior year to
 1397  county, municipal, and special fire service taxing district
 1398  career firefighters pursuant to this section. This ratio shall
 1399  be provided annually to the Department of Revenue by the
 1400  Division of State Fire Marshal. Surplus funds that have accrued
 1401  or accrue on or after July 1, 1990, shall be redistributed to
 1402  municipalities and special fire control districts as provided in
 1403  subparagraph 2.
 1404         2. By October 1 of each year, any funds that have accrued
 1405  or accrue on or after July 1, 1990, and remain in the
 1406  Firefighters’ Supplemental Compensation Trust Fund following the
 1407  required annual distribution shall be redistributed by the
 1408  Department of Revenue pro rata to those municipalities and
 1409  special fire control districts identified by the Department of
 1410  Management Services as being eligible for additional funds
 1411  pursuant to s. 175.121(3)(b).
 1412         (d) Salary incentive payments to career firefighters shall
 1413  commence in the first full calendar month following the initial
 1414  date of certification of eligibility by the Division of State
 1415  Fire Marshal.
 1416         (e) Special fire service taxing districts are authorized
 1417  and empowered to expend the funds necessary to ensure correct
 1418  payment to career firefighters.
 1419         Section 18. Paragraph (e) of subsection (2) and subsections
 1420  (3) and (10) of section 633.521, Florida Statutes, are amended
 1421  to read:
 1422         633.521 Certificate application and issuance; permit
 1423  issuance; examination and investigation of applicant.—
 1424         (2)
 1425         (e) An applicant may not be examined more than four times
 1426  during 1 year for certification as a contractor pursuant to this
 1427  section unless the person is or has been certified and is taking
 1428  the examination to change classifications. If an applicant does
 1429  not pass one or more parts of the examination, she or he may
 1430  take any part of the examination three more times during the 1
 1431  year period beginning upon the date she or he originally filed
 1432  an application to take the examination. If the applicant does
 1433  not pass the examination within that 1-year period, she or he
 1434  must file a new application and pay the application and
 1435  examination fees in order to take the examination or a part of
 1436  the examination again. However, the applicant may not file a new
 1437  application sooner than 6 months after the date of her or his
 1438  last examination. An applicant who passes the examination but
 1439  does not meet the remaining qualifications as provided in
 1440  applicable statutes and rules within 1 year after the
 1441  application date must file a new application, pay the
 1442  application and examination fee, successfully complete a
 1443  prescribed training course approved by the State Fire College or
 1444  an equivalent court approved by the State Fire Marshal, and
 1445  retake and pass the written examination.
 1446         (3)(a)1. As a prerequisite to taking the examination for
 1447  certification as a Contractor I, Contractor II, or Contractor
 1448  III, the applicant must be at least 18 years of age, be of good
 1449  moral character, and shall possess 4 years’ proven experience in
 1450  the employment of a fire protection system Contractor I,
 1451  Contractor II, or Contractor III or a combination of equivalent
 1452  education and experience in both water-based and chemical fire
 1453  suppression systems.
 1454         2. As a prerequisite to taking the examination for
 1455  certification as a Contractor II, the applicant must be at least
 1456  18 years of age, be of good moral character, and have 4 years’
 1457  proven experience in the employment of a fire protection system
 1458  Contractor I or Contractor II or a combination of equivalent
 1459  education and experience in water-based fire suppression
 1460  systems.
 1461         3. As a prerequisite to taking the examination for
 1462  certification as a Contractor III, the applicant must be at
 1463  least 18 years of age, be of good moral character, and have 4
 1464  years’ proven experience in the employment of a fire protection
 1465  system Contractor I or Contractor III or a combination of
 1466  equivalent education and experience in chemical fire suppression
 1467  systems.
 1468         4. As a prerequisite to taking the examination for
 1469  certification as a Contractor IV, the applicant must be at least
 1470  18 years old, be of good moral character, and have at least 2
 1471  years’ proven experience in the employment of a fire protection
 1472  system Contractor I, Contractor II, or Contractor IV or a
 1473  combination of equivalent education and experience.
 1474         5. As a prerequisite to taking the examination for
 1475  certification as a Contractor IV, the applicant must shall be at
 1476  least 18 years old, be of good moral character, and have at
 1477  least 2 years’ proven experience in the employment of a fire
 1478  protection system Contractor I, Contractor II, Contractor III,
 1479  or Contractor IV or combination of equivalent education and
 1480  experience which combination need not include experience in the
 1481  employment of a fire protection system contractor.
 1482         6. As a prerequisite to taking the examination for
 1483  certification as a Contractor V, the applicant, including any
 1484  applicant certified as a general contractor pursuant to chapter
 1485  489, must shall be at least 18 years old, be of good moral
 1486  character, and have been licensed as a certified underground
 1487  utility and excavation contractor or plumbing contractor
 1488  pursuant to chapter 489, have verification by an individual who
 1489  is licensed as a certified utility contractor or plumbing
 1490  contractor pursuant to chapter 489 that the applicant has 4
 1491  years’ proven experience in the employ of a certified
 1492  underground utility and excavation contractor or plumbing
 1493  contractor, or have a combination of education and experience
 1494  equivalent to 4 years’ proven experience in the employ of a
 1495  certified underground utility and excavation contractor or
 1496  plumbing contractor.
 1497         (b) Required education and experience for Contractor I,
 1498  Contractor II, Contractor III, and Contractor IV certifications
 1499  includes training and experience in both the installation and
 1500  system layout as defined in s. 633.021(15).
 1501         (c) Within 30 days after the date of the examination, the
 1502  State Fire Marshal shall inform the applicant in writing whether
 1503  she or he has qualified or not and, if the applicant has
 1504  qualified, that she or he is ready to issue a certificate of
 1505  competency, subject to compliance with the requirements of
 1506  subsection (4).
 1507         (10) Effective July 1, 2008, the State Fire Marshal shall
 1508  require the National Institute of Certification in Engineering
 1509  Technologies (NICET), Sub-field of Inspection and Testing of
 1510  Fire Protection Systems Level II or equivalent training and
 1511  education as determined by the division as proof that the
 1512  permitholders are knowledgeable about nationally accepted
 1513  standards for the inspection of fire protection systems. It is
 1514  the intent of this act, from July 1, 2005, until July 1, 2008,
 1515  to accept continuing education of all certificateholders’
 1516  employees who perform inspection functions which specifically
 1517  prepares the permitholder to qualify for NICET II certification.
 1518         Section 19. Section 633.524, Florida Statutes, is amended
 1519  to read:
 1520         633.524 Certificate and permit fees; examinations and fees;
 1521  use and deposit of collected funds.—
 1522         (1) The initial application fee for each class of
 1523  certificate shall be $300. The biennial renewal fee for each
 1524  class of certificate shall be $150. The initial application fee
 1525  for the permit classification shall be $100. The biennial
 1526  renewal fee for the permit classification shall be $50. The fee
 1527  for certificates issued as duplicates or to reflect a change of
 1528  address is $15. The fee for each examination or reexamination
 1529  for each class of certificate shall be $100.
 1530         (2) All moneys collected by the State Fire Marshal pursuant
 1531  to this chapter are hereby appropriated for the use of the State
 1532  Fire Marshal in the administration of this chapter and shall be
 1533  deposited in the Insurance Regulatory Trust Fund.
 1534         (3) The State Fire Marshal may enter into a contract with
 1535  any qualified public entity or private company in accordance
 1536  with chapter 287 to provide examinations for any applicant for
 1537  any examination administered under the jurisdiction of the State
 1538  Fire Marshal. The State Fire Marshal may direct payments from
 1539  each applicant for each examination directly to such contracted
 1540  entity or company.
 1541         Section 20. Subsection (4) of section 633.537, Florida
 1542  Statutes, is amended to read:
 1543         633.537 Certificate; expiration; renewal; inactive
 1544  certificate; continuing education.—
 1545         (4) The renewal period for the permit class is the same as
 1546  that for the employing certificateholder. The continuing
 1547  education requirements for permitholders are what is required to
 1548  maintain NICET Sub-field of Inspection and Testing of Fire
 1549  Protection Systems Level II or higher certification plus 8
 1550  contact hours of continuing education during each biennial
 1551  renewal period thereafter. The continuing education curriculum
 1552  from July 1, 2005, until July 1, 2008, shall be the preparatory
 1553  curriculum for NICET II certification; after July 1, 2008, the
 1554  technical curriculum is at the discretion of the State Fire
 1555  Marshal and may be used to meet the maintenance of NICET Level
 1556  II certification and 8 contact hours of continuing education
 1557  requirements. It is the responsibility of the permitholder to
 1558  maintain NICET II certification as a condition of permit renewal
 1559  after July 1, 2008.
 1560         Section 21. Subsection (4) of section 633.72, Florida
 1561  Statutes, is amended to read:
 1562         633.72 Florida Fire Code Advisory Council.—
 1563         (4) Each appointee shall serve a 4-year term. A No member
 1564  may not shall serve more than two consecutive terms one term. No
 1565  member of the council shall be paid a salary as such member, but
 1566  each shall receive travel and expense reimbursement as provided
 1567  in s. 112.061.
 1568         Section 22. Section 633.811, Florida Statutes, is amended
 1569  to read:
 1570         633.811 Firefighter employer penalties.—
 1571         (1) If any firefighter employer violates or fails or
 1572  refuses to comply with ss. 633.801-633.821, or with any rule
 1573  adopted by the division under such sections in accordance with
 1574  chapter 120 for the prevention of injuries, accidents, or
 1575  occupational diseases or with any lawful order of the division
 1576  in connection with ss. 633.801-633.821, or fails or refuses to
 1577  furnish or adopt any safety device, safeguard, or other means of
 1578  protection prescribed by division rule under ss. 633.801-633.821
 1579  for the prevention of accidents or occupational diseases, the
 1580  division may:
 1581         (a) Issue an administrative cease and desist order,
 1582  enforceable in the circuit court of the jurisdiction in which
 1583  the violation is occurring or has occurred.
 1584         (b) In a proceeding initiated pursuant to chapter 120,
 1585  assess against the firefighter employer an administrative a
 1586  civil penalty of not less than $100 nor more than $5,000 for
 1587  each day the violation, omission, failure, or refusal continues
 1588  after the firefighter employer has been given written notice of
 1589  such violation, omission, failure, or refusal. The total penalty
 1590  for each violation shall not exceed $50,000. The division shall
 1591  adopt rules requiring penalties commensurate with the frequency
 1592  or severity of safety violations. A hearing shall be held in
 1593  Leon County the county in which the violation, omission,
 1594  failure, or refusal is alleged to have occurred, unless
 1595  otherwise agreed to by the firefighter employer and authorized
 1596  by the division. All penalties assessed and collected under this
 1597  section shall be deposited in the Insurance Regulatory Trust
 1598  Fund.
 1599         (2) An administrative cease and desist order or proceeding
 1600  may not be initiated and a fine may not accrue until after the
 1601  firefighter employer has been notified in writing of the nature
 1602  of the violation and has been afforded a reasonable period of
 1603  time, as set forth in the notice, to correct the violation and
 1604  has failed to do so.
 1605         Section 23. Subsection (3) of section 633.821, Florida
 1606  Statutes, is amended to read:
 1607         633.821 Workplace safety.—
 1608         (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
 1609  individuals located outside the immediately dangerous to life
 1610  and health atmosphere may be assigned to an additional role,
 1611  such as incident commander, pumper operator, engineer, or
 1612  driver, so long as such individual is able to immediately
 1613  perform assistance or rescue activities without jeopardizing the
 1614  safety or health of any firefighter working at an incident. Also
 1615  with respect to 29 C.F.R. s. 1910.134(g)(4):
 1616         (a) Each county, municipality, and special district shall
 1617  implement such provision by April 1, 2002, except as provided in
 1618  paragraphs (b) and (c).
 1619         (b) If any county, municipality, or special district is
 1620  unable to implement such provision by April 1, 2002, without
 1621  adding additional personnel to its firefighting staff or
 1622  expending significant additional funds, such county,
 1623  municipality, or special district shall have an additional 6
 1624  months within which to implement such provision. Such county,
 1625  municipality, or special district shall notify the division that
 1626  the 6-month extension to implement such provision is in effect
 1627  in such county, municipality, or special district within 30 days
 1628  after its decision to extend the time for the additional 6
 1629  months. The decision to extend the time for implementation shall
 1630  be made prior to April 1, 2002.
 1631         (c) If, after the extension granted in paragraph (b), the
 1632  county, municipality, or special district, after having worked
 1633  with and cooperated fully with the division and the Firefighters
 1634  Employment, Standards, and Training Council, is still unable to
 1635  implement such provisions without adding additional personnel to
 1636  its firefighting staff or expending significant additional
 1637  funds, such municipality, county, or special district shall be
 1638  exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
 1639  However, each year thereafter the division shall review each
 1640  such county, municipality, or special district to determine if
 1641  such county, municipality, or special district has the ability
 1642  to implement such provision without adding additional personnel
 1643  to its firefighting staff or expending significant additional
 1644  funds. If the division determines that any county, municipality,
 1645  or special district has the ability to implement such provision
 1646  without adding additional personnel to its firefighting staff or
 1647  expending significant additional funds, the division shall
 1648  require such county, municipality, or special district to
 1649  implement such provision. Such requirement by the division under
 1650  this paragraph constitutes final agency action subject to
 1651  chapter 120.
 1652         Section 24. Paragraph (e) of subsection (1) of section
 1653  218.23, Florida Statutes, is amended to read:
 1654         218.23 Revenue sharing with units of local government.—
 1655         (1) To be eligible to participate in revenue sharing beyond
 1656  the minimum entitlement in any fiscal year, a unit of local
 1657  government is required to have:
 1658         (e) Certified that persons in its employ as career
 1659  firefighters, as defined in s. 633.30(1), meet the qualification
 1660  for employment as established by the Division of State Fire
 1661  Marshal pursuant to the provisions of ss. 633.34 and 633.35 and
 1662  that the provisions of s. 633.382 have been met.
 1663  
 1664  Additionally, to receive its share of revenue sharing funds, a
 1665  unit of local government shall certify to the Department of
 1666  Revenue that the requirements of s. 200.065, if applicable, were
 1667  met. The certification shall be made annually within 30 days of
 1668  adoption of an ordinance or resolution establishing a final
 1669  property tax levy or, if no property tax is levied, not later
 1670  than November 1. The portion of revenue sharing funds which,
 1671  pursuant to this part, would otherwise be distributed to a unit
 1672  of local government which has not certified compliance or has
 1673  otherwise failed to meet the requirements of s. 200.065 shall be
 1674  deposited in the General Revenue Fund for the 12 months
 1675  following a determination of noncompliance by the department.
 1676         Section 25. Paragraph (b) of subsection (4) of section
 1677  447.203, Florida Statutes, is amended to read:
 1678         447.203 Definitions.—As used in this part:
 1679         (4) “Managerial employees” are those employees who:
 1680         (b) Serve as police chiefs, fire chiefs, or directors of
 1681  public safety of any police, fire, or public safety department.
 1682  Other police officers, as defined in s. 943.10(1), and career
 1683  firefighters, as defined in s. 633.30(1), may be determined by
 1684  the commission to be managerial employees of such departments.
 1685  In making such determinations, the commission shall consider, in
 1686  addition to the criteria established in paragraph (a), the
 1687  paramilitary organizational structure of the department
 1688  involved.
 1689  
 1690  However, in determining whether an individual is a managerial
 1691  employee pursuant to either paragraph (a) or paragraph (b),
 1692  above, the commission may consider historic relationships of the
 1693  employee to the public employer and to coemployees.
 1694         Section 26. Subsection (22) of section 489.103, Florida
 1695  Statutes, is amended to read:
 1696         489.103 Exemptions.—This part does not apply to:
 1697         (22) A person licensed pursuant to s. 633.061(1)(a)4.(d) or
 1698  (2)(a)2.(b) performing work authorized by such license.
 1699         Section 27. Paragraph (d) of subsection (1) of section
 1700  590.02, Florida Statutes, is amended to read:
 1701         590.02 Division powers, authority, and duties; liability;
 1702  building structures; Florida Center for Wildfire and Forest
 1703  Resources Management Training.—
 1704         (1) The division has the following powers, authority, and
 1705  duties:
 1706         (d) To appoint center managers, forest area supervisors,
 1707  forestry program administrators, a forest protection bureau
 1708  chief, a forest protection assistant bureau chief, a field
 1709  operations bureau chief, deputy chiefs of field operations,
 1710  district managers, senior forest rangers, investigators, forest
 1711  rangers, firefighter rotorcraft pilots, and other employees who
 1712  may, at the division’s discretion, be certified as forestry
 1713  firefighters pursuant to s. 633.35(5)(4). Other provisions of
 1714  law notwithstanding, center managers, district managers, forest
 1715  protection assistant bureau chief, and deputy chiefs of field
 1716  operations shall have Selected Exempt Service status in the
 1717  state personnel designation;
 1718         Section 28. Subsection (8) of section 1013.12, Florida
 1719  Statutes, is amended to read:
 1720         1013.12 Casualty, safety, sanitation, and firesafety
 1721  standards and inspection of property.—
 1722         (8) ANNUAL REPORT.—The State Fire Marshal shall publish an
 1723  annual report to be filed with the substantive committees of the
 1724  state House of Representatives and Senate having jurisdiction
 1725  over education, the Commissioner of Education or his or her
 1726  successor, the State Board of Education, the Board of Governors,
 1727  and the Governor documenting the status of each board’s
 1728  firesafety program, including the improvement or lack thereof.
 1729         Section 29. This act shall take effect July 1, 2010.

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