| 1 | The Insurance Committee recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to fire hydrants; amending s. 633.065, |
| 7 | F.S.; authorizing all public and private fire hydrants to |
| 8 | be tested in accordance with national standards; providing |
| 9 | timeframes for repairing or replacing defective fire |
| 10 | hydrants and providing for maintenance records; requiring |
| 11 | that faulty inspections be reported immediately to the |
| 12 | local authorities having jurisdiction; providing for |
| 13 | misdemeanor penalties for noncompliance; amending s. |
| 14 | 633.171, F.S.; providing that it shall constitute a |
| 15 | misdemeanor of the first degree to intentionally or |
| 16 | willfully fail to properly service, recharge, repair, |
| 17 | hydrotest, test, or inspect a fire hydrant; providing an |
| 18 | effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsection (3) is added to section 633.065, |
| 23 | Florida Statutes, to read: |
| 24 | 633.065 Requirements for installation, inspection, and |
| 25 | maintenance of fire suppression equipment.-- |
| 26 | (3)(a) Each municipality, county, and special district |
| 27 | with fire safety responsibilities may require that all fire |
| 28 | hydrants, public and private, be tested annually to ensure |
| 29 | proper function. The testing shall be in accordance with the |
| 30 | National Fire Protection Association Standard 25, Standard for |
| 31 | the Inspection, Testing and Maintenance of Water-based Fire |
| 32 | Protection Systems, the edition most recently adopted in the |
| 33 | Florida Fire Prevention Code. Consistent with the provisions of |
| 34 | s. 633.025(1), the requirements of this subsection shall be |
| 35 | deemed adopted by each municipality, county, and special |
| 36 | district with fire safety responsibilities. Nothing in this |
| 37 | subsection shall be construed to make any municipality, county, |
| 38 | or special district responsible for performing the required |
| 39 | testing, inspection, or maintenance of any fire hydrant except |
| 40 | those fire hydrants actually owned by the municipality, county, |
| 41 | or special district. |
| 42 | (b) The owner of a private fire hydrant shall cause any |
| 43 | repair or replacement indicated by an annual inspection to be |
| 44 | made within 30 days and shall maintain records of the repair or |
| 45 | replacement. |
| 46 | (c) Inspection results that determine that a private fire |
| 47 | hydrant is nonfunctioning shall be reported immediately to the |
| 48 | local authorities having jurisdiction. |
| 49 | (d) Penalties for noncompliance shall be in accordance |
| 50 | with s. 633.171. |
| 51 | Section 2. Paragraph (c) of subsection (2) of section |
| 52 | 633.171, Florida Statutes, is amended to read: |
| 53 | 633.171 Penalty for violation of law, rule, or order to |
| 54 | cease and desist or for failure to comply with corrective |
| 55 | order.-- |
| 56 | (2) It shall constitute a misdemeanor of the first degree, |
| 57 | punishable as provided in s. 775.082 or s. 775.083, to |
| 58 | intentionally or willfully: |
| 59 | (c) Improperly service, recharge, repair, hydrotest, test, |
| 60 | or inspect a fire extinguisher, or preengineered system, or fire |
| 61 | hydrant. |
| 62 | Section 3. This act shall take effect July 1, 2005. |