December 09, 2019
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Amendment CaShTmL-875372.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB's 662 & 232, 2nd Eng.
    Amendment No. ___   Barcode 875372
                            CHAMBER ACTION
              Senate                               House
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11  Senator Posey moved the following amendment to House amendment
12  (024869):
13  
14         Senate Amendment (with title amendment) 
15         On page 7, line 17,
16  
17  insert:  
18         Section 894.  Sections 633.801, 633.802, 633.803,
19  633.804, 633.805, 633.806, 633.807, 633.808, 633.809, 633.810,
20  633.811, 633.812, 633.813, 633.814, 633.815, 633.816, 633.817,
21  633.818, 633.819, 633.820, and 633.821, Florida Statutes, are
22  created to read:
23         633.801  Short title.--Sections 633.801-633.821 may be
24  cited as the "Florida Firefighters Occupational Safety and
25  Health Act."
26         633.802  Definitions.--Unless the context clearly
27  requires otherwise, the following definitions shall apply to
28  ss. 633.801-633.821:
29         (1)  "Department" means the Department of Insurance.
30         (2)  "Division" means the Division of State Fire
31  Marshal of the department.
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SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 (3) "Firefighter employee" means any person engaged in 2 any employment, public or private, as a firefighter under any 3 appointment or contract of hire or apprenticeship, express or 4 implied, oral or written, whether lawfully or unlawfully 5 employed, responding to or assisting with fire or medical 6 emergencies, whether or not the firefighter is on duty, except 7 those appointed under s. 590.02(1)(d). 8 (4) "Firefighter employer" means the state and all 9 political subdivisions of this state, all public and 10 quasi-public corporations in this state, and every person 11 carrying on any employment for this state, political 12 subdivisions of this state, and public and quasi-public 13 corporations in this state, which employs firefighters, except 14 those appointed under s. 590.02(1)(d). 15 (5) "Firefighter employment" or "employment" means any 16 service performed by a firefighter employee for the 17 firefighter employer. 18 (6) "Firefighter place of employment" or "place of 19 employment" means the physical location at which the 20 firefighter is employed. 21 633.803 Legislative intent.--It is the intent of the 22 Legislature to enhance firefighter occupational safety and 23 health in the state through the implementation and maintenance 24 of policies, procedures, practices, rules, and standards that 25 reduce the incidence of firefighter employee accidents, 26 firefighter occupational diseases, and firefighter fatalities 27 compensable under chapter 440 or otherwise. The Legislature 28 further intends that the division develop a means by which the 29 division can identify individual firefighter employers with a 30 high frequency or severity of work-related injuries, conduct 31 safety inspections of those firefighter employers, and assist 2 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 those firefighter employers in the development and 2 implementation of firefighter employee safety and health 3 programs. In addition, it is the intent of the Legislature 4 that the division administer the provisions of ss. 5 633.801-633.821; provide assistance to firefighter employers, 6 firefighter employees, and insurers; and enforce the policies, 7 rules, and standards set forth in ss. 633.801-633.821. 8 633.804 Safety inspections and consultations; 9 rules.--The division shall adopt rules governing the manner, 10 means, and frequency of firefighter employer and firefighter 11 employee safety inspections and consultations by all insurers 12 and self-insurers. 13 633.805 Division to make study of firefighter 14 occupational diseases.--The division shall make a continuous 15 study of firefighter occupational diseases and the ways and 16 means for their control and prevention and shall adopt rules 17 necessary for such control and prevention. For this purpose, 18 the division is authorized to cooperate with firefighter 19 employers, firefighter employees, and insurers and with the 20 Department of Health. 21 633.806 Investigations by the division; refusal to 22 admit; penalty.-- 23 (1) The division shall make studies and investigations 24 with respect to safety provisions and the causes of 25 firefighter injuries in firefighter places of employment and 26 shall make such recommendations to the Legislature and 27 firefighter employers and insurers as the division considers 28 proper as to the best means of preventing firefighter 29 injuries. In making such studies and investigations, the 30 division may cooperate with any agency of the United States 31 charged with the duty of enforcing any law securing safety 3 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 against injury in any place of firefighter employment covered 2 by ss. 633.801-633.821 or any agency or department of the 3 state engaged in enforcing any law to ensure safety for 4 firefighter employees. 5 (2) The division by rule may adopt procedures for 6 conducting investigations of firefighter employers under ss. 7 633.801-633.821. 8 633.807 Safety; firefighter employer 9 responsibilities.--Every firefighter employer shall furnish 10 and use safety devices and safeguards, adopt and use methods 11 and processes reasonably adequate to render such an employment 12 and place of employment safe, and do every other thing 13 reasonably necessary to protect the lives, health, and safety 14 of such firefighter employees. As used in this section, the 15 terms "safe" and "safety" as applied to any employment or 16 place of firefighter employment mean such freedom from danger 17 as is reasonably necessary for the protection of the lives, 18 health, and safety of firefighter employees, including 19 conditions and methods of sanitation and hygiene. Safety 20 devices and safeguards required to be furnished by the 21 firefighter employer by this section or by the division under 22 authority of this section shall not include personal apparel 23 and protective devices that replace personal apparel normally 24 worn by firefighter employees during regular working hours. 25 633.808 Division authority.--The division shall: 26 (1) Investigate and prescribe by rule what safety 27 devices, safeguards, or other means of protection must be 28 adopted for the prevention of accidents in every firefighter 29 place of employment or at any fire scene; determine what 30 suitable devices, safeguards, or other means of protection for 31 the prevention of occupational diseases must be adopted or 4 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 followed in any or all such firefighter places of employment 2 or at any fire scene; and adopt reasonable rules for the 3 prevention of accidents, the safety, protection, and security 4 of firefighters engaged in interior firefighting, and the 5 prevention of occupational diseases. 6 (2) Ascertain, fix, and order such reasonable 7 standards and rules for the construction, repair, and 8 maintenance of firefighter places of employment as shall 9 render them safe. Such rules and standards shall be adopted 10 in accordance with chapter 120. 11 (3) Assist firefighter employers in the development 12 and implementation of firefighter employee safety training 13 programs by contracting with professional safety 14 organizations. 15 (4) Adopt rules prescribing recordkeeping 16 responsibilities for firefighter employers, which may include 17 maintaining a log and summary of occupational injuries, 18 diseases, and illnesses, rules for producing on request a 19 notice of injury and firefighter employee accident 20 investigation records, and rules prescribing a retention 21 schedule for such records. 22 633.809 Firefighter employers whose firefighter 23 employees have a high frequency of work-related injuries.--The 24 division shall develop a means by which the division may 25 identify individual firefighter employers whose firefighter 26 employees have a high frequency or severity of work-related 27 injuries. The division shall carry out safety inspections of 28 the facilities and operations of those firefighter employers 29 in order to assist them in reducing the frequency and severity 30 of work-related injuries. The division shall develop safety 31 and health programs for those firefighter employers. Insurers 5 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 shall distribute such safety and health programs to the 2 firefighter employers so identified by the division. Those 3 firefighter employers identified by the division as having a 4 high frequency or severity of work-related injuries shall 5 implement a safety and health program developed by the 6 division. The division shall carry out safety inspections of 7 those firefighter employers so identified to ensure compliance 8 with the safety and health program and to assist such 9 firefighter employers in reducing the number of work-related 10 injuries. The division may not assess penalties as the result 11 of such inspections, except as provided by s. 633.813. Copies 12 of any report made as the result of such an inspection shall 13 be provided to the firefighter employer and its insurer. 14 Firefighter employers may submit their own safety and health 15 programs to the division for approval in lieu of using the 16 safety and health program developed by the division. The 17 division shall promptly review the program submitted and 18 approve or disapprove the program within 60 days, or such 19 program shall be deemed approved. Upon approval by the 20 division, the program shall be implemented by the firefighter 21 employer. If the program is not approved or if a program is 22 not submitted, the firefighter employer shall implement the 23 program developed by the division. The division shall adopt 24 rules setting forth the criteria for safety and health 25 programs, as such rules relate to this section. 26 633.810 Workplace safety committees and safety 27 coordinators.-- 28 (1) In order to promote health and safety in places of 29 firefighter employment in this state: 30 (a) Each firefighter employer of 20 or more 31 firefighter employees shall establish and administer a 6 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 workplace safety committee in accordance with rules adopted 2 under this section. 3 (b) Each firefighter employer of fewer than 20 4 firefighter employees identified by the division as having 5 high frequency or severity of work-related injuries shall 6 establish and administer a workplace safety committee or 7 designate a workplace safety coordinator who shall establish 8 and administer workplace safety activities in accordance with 9 rules adopted under this section. 10 (2) The division shall adopt rules: 11 (a) Prescribing the membership of the workplace safety 12 committees so as to ensure an equal number of firefighter 13 employee representatives, who are volunteers or are elected by 14 their peers, and of firefighter employer representatives, and 15 specifying the frequency of meetings. 16 (b) Requiring firefighter employers to make adequate 17 records of each meeting and to file and to maintain the 18 records subject to inspection by the division. 19 (c) Prescribing the duties and functions of the 20 workplace safety committee and workplace safety coordinator, 21 which include, but are not limited to: 22 1. Establishing procedures for workplace safety 23 inspections by the committee. 24 2. Establishing procedures for investigating all 25 workplace accidents, safety-related incidents, illnesses, and 26 deaths. 27 3. Evaluating accident prevention and illness 28 prevention programs. 29 4. Prescribing guidelines for the training of safety 30 committee members. 31 (3) The composition, selection, and function of 7 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 workplace safety committees shall be a mandatory topic of 2 negotiations with any certified collective bargaining agent 3 for firefighter employers that operate under a collective 4 bargaining agreement. Firefighter employers that operate 5 under a collective bargaining agreement that contains 6 provisions regulating the formation and operation of workplace 7 safety committees that meet or exceed the minimum requirements 8 contained in this section, or firefighter employers who 9 otherwise have existing workplace safety committees that meet 10 or exceed the minimum requirements established by this 11 section, are in compliance with this section. 12 (4) Firefighter employees shall be compensated their 13 regular hourly wage while engaged in workplace safety 14 committee or workplace safety coordinator training, meetings, 15 or other duties prescribed under this section. 16 633.811 Firefighter employer penalties.--If any 17 firefighter employer violates or fails or refuses to comply 18 with ss. 633.801-633.821, or with any rule adopted by the 19 division under such sections in accordance with chapter 120 20 for the prevention of injuries, accidents, or occupational 21 diseases or with any lawful order of the division in 22 connection with ss. 633.801-633.821, or fails or refuses to 23 furnish or adopt any safety device, safeguard, or other means 24 of protection prescribed by division rule under ss. 25 633.801-633.821 for the prevention of accidents or 26 occupational diseases, the division may assess against the 27 firefighter employer a civil penalty of not less than $100 nor 28 more than $5,000 for each day the violation, omission, 29 failure, or refusal continues after the firefighter employer 30 has been given written notice of such violation, omission, 31 failure, or refusal. The total penalty for each violation may 8 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 not exceed $50,000. The division shall adopt rules requiring 2 penalties commensurate with the frequency or severity of 3 safety violations. A hearing shall be held in the county in 4 which the violation, omission, failure, or refusal is alleged 5 to have occurred, unless otherwise agreed to by the 6 firefighter employer and authorized by the division. All 7 penalties assessed and collected under this section shall be 8 deposited in the Insurance Commissioner's Regulatory Trust 9 Fund. 10 633.812 Division cooperation with Federal Government; 11 exemption from requirements for private firefighter 12 employers.-- 13 (1) The division shall cooperate with the Federal 14 Government so that duplicate inspections will be avoided while 15 at the same time ensuring safe places of firefighter 16 employment for the citizens of this state. 17 (2) Except as provided in this section, a private 18 firefighter employer is not subject to the requirements of the 19 division if: 20 (a) The private firefighter employer is subject to the 21 federal regulations in 29 C.F.R. ss. 1910 and 1926; 22 (b) The private firefighter employer has adopted and 23 implemented a written safety program that conforms to the 24 requirements of 29 C.F.R. ss. 1910 and 1926; 25 (c) A private firefighter employer with 20 or more 26 full-time firefighter employees shall include provisions for a 27 safety committee in the safety program. The safety committee 28 shall include firefighter employee representation and shall 29 meet at least once each calendar quarter. The private 30 firefighter employer shall make adequate records of each 31 meeting and maintain the records subject to inspections under 9 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 subsection (3). The safety committee shall, if appropriate, 2 make recommendations regarding improvements to the safety 3 program and corrections of hazards affecting workplace safety; 4 and 5 (d) The private firefighter employer provides the 6 division with a written statement that certifies compliance 7 with this subsection. 8 (3) The division may enter at any reasonable time any 9 place of private firefighter employment for the purpose of 10 verifying the accuracy of the written certification. If the 11 division determines that the private firefighter employer has 12 not complied with the requirements of subsection (2), the 13 private firefighter employer shall be subject to the rules of 14 the division until the private firefighter employer complies 15 with subsection (2) and recertifies that fact to the division. 16 (4) This section shall not restrict the division's 17 performance of any duties pursuant to a written contract 18 between the division and the federal Occupational Safety and 19 Health Administration. 20 633.813 Failure to implement a safety and health 21 program; cancellations.--If a firefighter employer that is 22 found by the division to have a high frequency or severity of 23 work-related injuries fails to implement a safety and health 24 program, the insurer or self-insurer's fund that is providing 25 coverage for the firefighter employer may cancel the contract 26 for insurance with the firefighter employer. In the 27 alternative, the insurer or fund may terminate any discount or 28 deviation granted to the firefighter employer for the 29 remainder of the term of the policy. If the contract is 30 canceled or the discount or deviation is terminated, the 31 insurer shall make such reports as are required by law. 10 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 633.814 Expenses of administration.--The amounts that 2 are needed to administer ss. 633.801-633.821 shall be 3 disbursed from the Insurance Commissioner's Regulatory Trust 4 Fund. 5 633.815 Refusal to admit; penalty.--The division and 6 authorized representatives of the division may enter and 7 inspect any place of firefighter employment at any reasonable 8 time for the purpose of investigating compliance with ss. 9 633.801-633.821 and conducting inspections for the proper 10 enforcement of ss. 633.801-633.821. A firefighter employer 11 who refuses to admit any member of the division or authorized 12 representative of the division to any place of employment or 13 to allow investigation and inspection pursuant to this section 14 commits a misdemeanor of the second degree, punishable as 15 provided in s. 775.082 or s. 775.083. 16 633.816 Firefighter employee rights and 17 responsibilities.-- 18 (1) Each firefighter employee of a firefighter 19 employer covered under ss. 633.801-633.821 shall comply with 20 rules adopted by the division and with reasonable workplace 21 safety and health standards, rules, policies, procedures, and 22 work practices established by the firefighter employer and the 23 workplace safety committee. A firefighter employee who 24 knowingly fails to comply with this subsection may be 25 disciplined or discharged by the firefighter employer. 26 (2) A firefighter employer may not discharge, threaten 27 to discharge, cause to be discharged, intimidate, coerce, 28 otherwise discipline, or in any manner discriminate against a 29 firefighter employee for any of the following reasons: 30 (a) The firefighter employee has testified or is about 31 to testify, on her or his own behalf, or on behalf of others, 11 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 in any proceeding instituted under ss. 633.801-633.821; 2 (b) The firefighter employee has exercised any other 3 right afforded under ss. 633.801-633.821; or 4 (c) The firefighter employee is engaged in activities 5 relating to the workplace safety committee. 6 (3) No pay, position, seniority, or other benefit may 7 be lost for exercising any right under, or for seeking 8 compliance with, any requirement of ss. 633.801-633.821. 9 633.817 Compliance.--Failure of a firefighter employer 10 or an insurer to comply with ss. 633.801-633.821, or with any 11 rules adopted under ss. 633.801-633.821, constitutes grounds 12 for the division to seek remedies, including injunctive 13 relief, for compliance by making appropriate filings with the 14 circuit court. 15 633.818 False statements to insurers.--A firefighter 16 employer who knowingly and willfully falsifies or conceals a 17 material fact; makes a false, fictitious, or fraudulent 18 statement or representation; or makes or uses any false 19 document knowing the document to contain any false, 20 fictitious, or fraudulent entry or statement to an insurer of 21 workers' compensation insurance under ss. 633.801-633.821 22 commits a misdemeanor of the second degree, punishable as 23 provided in s. 775.082 or s. 775.083. 24 633.819 Matters within jurisdiction of the division; 25 false, fictitious, or fraudulent acts, statements, and 26 representations prohibited; penalty; statute of 27 limitations.--A person may not, in any matter within the 28 jurisdiction of the division, knowingly and willfully falsify 29 or conceal a material fact; make any false, fictitious, or 30 fraudulent statement or representation; or make or use any 31 false document, knowing the same to contain any false, 12 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 fictitious, or fraudulent statement or entry. A person who 2 violates this section commits a misdemeanor of the second 3 degree, punishable as provided in s. 775.082 or s. 775.083. 4 The statute of limitations for prosecution of an act committed 5 in violation of this section is 5 years after the date the act 6 was committed or, if not discovered within 30 days after the 7 act was committed, 5 years after the date the act was 8 discovered. 9 633.820 Volunteer firefighters.--Sections 10 633.803-633.821 apply to volunteer firefighters and volunteer 11 fire departments. 12 633.821 Workplace safety.-- 13 (1) The division shall assist in making the workplace 14 of a firefighter place of employment a safer place to work and 15 decreasing the frequency and severity of on-the-job injuries 16 in such workplace. 17 (2) The division shall have the authority to adopt 18 rules for the purpose of ensuring safe working conditions for 19 all firefighter employees by authorizing the enforcement of 20 effective standards, by assisting and encouraging firefighter 21 employers to maintain safe working conditions, and by 22 providing for education and training in the field of safety. 23 Specifically, the division may by rule adopt all or any part 24 of subparts C through T and subpart Z of 29 C.F.R. s. 1910, as 25 revised April 8, 1998; the National Fire Protection 26 Association, Inc., Standard 1500, paragraph 5-7 (Personal 27 Alert Safety System) (1992 edition); and ANSI A 10.4-1990. 28 (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the 29 two individuals located outside the immediately dangerous to 30 life and health atmosphere may be assigned to an additional 31 role, such as incident commander, pumper operator, engineer, 13 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 or driver, so long as such individual is able to immediately 2 perform assistance or rescue activities without jeopardizing 3 the safety or health of any firefighter working at an 4 incident. Also with respect to 29 C.F.R. s. 1910.134(g)(4): 5 (a) Each county, municipality, and special district 6 shall implement such provision by April 1, 2002, except as 7 provided in paragraphs (b) and (c). 8 (b) If any county, municipality, or special district 9 is unable to implement such provision by April 1, 2002, 10 without adding additional personnel to its firefighting staff 11 or expending significant additional funds, such county, 12 municipality, or special district shall have an additional 6 13 months within which to implement such provision. Such county, 14 municipality, or special district shall notify the division 15 that the 6-month extension to implement such provision is in 16 effect in such county, municipality, or special district 17 within 30 days after its decision to extend the time for the 18 additional 6 months. The decision to extend the time for 19 implementation shall be made prior to April 1, 2002. 20 (c) If, after the extension granted in paragraph (b), 21 the county, municipality, or special district, after having 22 worked with and cooperated fully with the division and the 23 Firefighters Employment, Standards, and Training Council, is 24 still unable to implement such provisions without adding 25 additional personnel to its firefighting staff or expending 26 significant additional funds, such municipality, county, or 27 special district shall be exempt from the requirements of 29 28 C.F.R. s. 1910.134(g)(4). Nevertheless, each year thereafter 29 the division shall review each such county, municipality, or 30 special district to determine if such county, municipality, or 31 special district has the ability to implement such provision 14 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 without adding additional personnel to its firefighting staff 2 or expending significant additional funds. If the division 3 determines that any county, municipality, or special district 4 has the ability to implement such provision without adding 5 additional personnel to its firefighting staff or expending 6 significant additional funds, the division shall require such 7 county, municipality, or special district to implement such 8 provision. Such requirement by the division under this 9 paragraph constitutes final agency action subject to chapter 10 120. 11 (4) The provisions of chapter 440 which pertain to 12 workplace safety apply to the division. 13 (5) The division may adopt any rule necessary to 14 implement, interpret, and make specific the provisions of this 15 section, provided the division may not adopt by rule any other 16 standard or standards of the Occupational Safety and Health 17 Administration or the National Fire Protection Association 18 relating solely to ss. 633.801-633.821 and firefighter 19 employment safety without specific legislative authority. 20 Section 895. Section 633.31, Florida Statutes, is 21 amended to read: 22 633.31 Firefighters Employment, Standards, and 23 Training Council.-- 24 (1) There is created within the Department of 25 Insurance a Firefighters Employment, Standards, and Training 26 Council of 13 nine members appointed by the State Fire 27 Marshal. Two members shall be fire chiefs, who shall be 28 appointed by the Florida Fire Chiefs Association;, two members 29 shall be firefighters who are not officers, who shall be 30 appointed by the Florida Professional Firefighters 31 Association;, two members shall be firefighter officers who 15 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 are not fire chiefs, who shall be appointed by the State Fire 2 Marshal; one member shall be a director or instructor of a 3 state-certified firefighting training facility, who shall be 4 appointed by the State Fire Marshal; one member shall be 5 appointed by the Florida League of Cities, one member shall be 6 appointed by the Florida Association of Counties, one member 7 shall be appointed by the Florida Association of Special 8 Districts, one member shall be appointed by the Florida Fire 9 Marshal's Association, and one member shall be appointed by 10 the State Fire Marshal and one member shall be a director or 11 instructor of a state-certified firefighting training 12 facility. To be eligible for appointment as a fire chief 13 member, firefighter officer member, firefighter member, or a 14 director or instructor of a state-certified firefighting 15 facility, a person shall have had at least 4 years' experience 16 in the firefighting profession. The remaining member, who 17 shall be appointed by the State Fire Marshal, two members 18 shall not be a member or representative members of the 19 firefighting profession or of any local government. Members 20 shall serve only as long as they continue to meet the criteria 21 under which they were appointed, or unless a member has failed 22 to appear at three consecutive and properly noticed meetings 23 unless excused by the chair. 24 (2) Initially, the State Fire Marshal shall appoint 25 three members for terms of 4 years, two members for terms of 3 26 years, two members for terms of 2 years, and two members for 27 terms of 1 year. Thereafter, Members shall be appointed for 28 4-year terms and in no event shall a member serve more than 29 two consecutive terms. Any vacancy shall be filled in the 30 manner of the original appointment for the remaining time of 31 the term. 16 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 (3) The State Fire Marshal, in making her or his 2 appointments, shall take into consideration representation by 3 geography, population, and other relevant factors, in order 4 that the membership on the council will be apportioned to give 5 representation to the state at large rather than to a 6 particular area. 7 (4) Membership on the council shall not disqualify a 8 member from holding any other public office or being employed 9 by a public entity, except that no member of the Legislature 10 shall serve on the council. 11 Section 896. Subsections (4) and (5) of section 12 633.33, Florida Statutes, are amended to read: 13 633.33 Special powers; firefighter training.--The 14 council shall have special powers in connection with the 15 employment and training of firefighters to: 16 (4) Consult and cooperate with any employing agency, 17 university, college, community college, the Florida State Fire 18 College, or other educational institution concerning the 19 employment and safety of firefighters, including, but not 20 limited to, the safety of firefighters while at the scene of a 21 fire or the scene of an incident related to the provision of 22 emergency services to which a firefighter responds and 23 development of firefighter training schools and programs of 24 courses of instruction, including, but not limited to, 25 education and training in the areas of firefighter employment, 26 fire science, fire technology, fire administration, and all 27 allied and supporting fields. 28 (5) Make or support studies on any aspect of 29 firefighting employment, education, and training or 30 recruitment. 31 Section 897. Paragraph (c) of subsection (3) of 17 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 section 383.3362, Florida Statutes, is amended to read: 2 383.3362 Sudden Infant Death Syndrome.-- 3 (3) TRAINING.-- 4 (c) The Department of Health, in consultation with the 5 Emergency Medical Services Advisory Council, the Firefighters 6 Employment, Standards, and Training Council, and the Criminal 7 Justice Standards and Training Commission, shall develop and 8 adopt, by rule, curriculum that, at a minimum, includes 9 training in the nature of SIDS, standard procedures to be 10 followed by law enforcement agencies in investigating cases 11 involving sudden deaths of infants, and training in responding 12 appropriately to the parents or caretakers who have requested 13 assistance. 14 Section 898. Subsection (4) of section 633.30, Florida 15 Statutes, is amended to read: 16 633.30 Standards for firefighting; definitions.--As 17 used in this chapter: 18 (4) "Council" means the Firefighters Employment, 19 Standards, and Training Council. 20 Section 899. Subsection (4) of section 633.32, Florida 21 Statutes, is amended to read: 22 633.32 Organization; meetings; quorum; compensation; 23 seal.-- 24 (4) The council may adopt a seal for its use 25 containing the words "Firefighters Employment, Standards, and 26 Training Council." 27 Section 900. The Legislature determines and declares 28 that this act fulfills an important state interest. 29 30 (Redesignate subsequent sections.) 31 18 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 7, line 26, after the semicolon 4 5 insert: 6 creating ss. 633.801, 633.802, 633.803, 7 633.804, 633.805, 633.806, 633.807, 633.808, 8 633.809, 633.810, 633.811, 633.812, 633.813, 9 633.814, 633.815, 633.816, 633.817, 633.818, 10 633.819, 633.820, and 633.821, F.S.; providing 11 a short title; providing definitions; providing 12 legislative intent; authorizing the Division of 13 State Fire Marshal of the Department of 14 Insurance to adopt rules related to firefighter 15 safety inspections; requiring the division to 16 conduct a study of firefighter occupational 17 diseases; authorizing representatives of the 18 division to enter and inspect any place of 19 firefighter employment; requiring firefighter 20 employers to provide safe employment 21 conditions; authorizing the division to adopt 22 rules that prescribe means for preventing 23 accidents in places of firefighter employment 24 and establish standards for construction, 25 repair, and maintenance; requiring the division 26 to inspect places of firefighter employment and 27 to develop safety and health programs for those 28 firefighter employers whose employees have a 29 high frequency or severity of work-related 30 injuries; requiring certain firefighter 31 employers to establish workplace safety 19 2:07 PM 03/22/02 s0662c2c-152dh
SENATE AMENDMENT Bill No. CS for CS for SB's 662 & 232, 2nd Eng. Amendment No. ___ Barcode 875372 1 committees and to maintain certain records; 2 providing penalties for firefighter employers 3 who violate provisions of the act; providing 4 exemptions; providing a penalty for the failure 5 to implement a safety and health program and 6 cancellations; providing for expenses of 7 administration; providing penalties for refusal 8 to admit division; specifying firefighter 9 employee rights and responsibilities; providing 10 division remedies for failure to comply; 11 providing penalties for firefighter employers 12 who make false statements to the division or to 13 an insurer; providing criminal penalties for 14 false, malicious, or fraudulent statements and 15 representations; specifying applicability to 16 volunteer firefighters and fire departments; 17 providing for workplace safety and authorizing 18 the division to adopt rules including federal 19 standards for assuring safe working conditions 20 for all firefighter employees; amending s. 21 633.31, F.S.; changing the name of and 22 expanding and diversifying the Firefighters 23 Standards and Training Council; amending s. 24 633.33, F.S.; providing additional duties of 25 the council; amending ss. 383.3362, 633.330, 26 and 633.32, F.S.; revising cross-references, to 27 conform; providing for legislative 28 determination of important state interest; 29 30 31 20 2:07 PM 03/22/02 s0662c2c-152dh
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