HB 1041

1	A bill to be entitled
2	An act relating to fire prevention and control; amending
3	s. 633.01, F.S.; revising a provision relating to
4	requirements for the State Fire Marshal to make certain
5	firesafety inspections and take certain corrective
6	actions; amending s. 633.02, F.S.; revising provisions
7	relating to agents of the State Fire Marshal; amending s.
8	633.022, F.S.; revising provisions relating to uniform
9	firesafety standards to include application to tunnels;
10	creating s. 633.0221, F.S.; providing for firesafety in
11	educational facilities; specifying uniform firesafety
12	standards; providing for periodic inspections of property
13	by district school boards; providing for inspections of
14	educational property by the State Fire Marshal; providing
15	for inspections of public postsecondary education
16	facilities; providing for actions to correct firesafety
17	deficiencies; specifying additional standards; amending s.
18	633.03, F.S.; expanding application of authority of the
19	State Fire Marshal to investigate fires to include
20	explosions; amending s. 633.081, F.S.; abolishing special
21	state firesafety inspector classifications; providing for
22	certification as a firesafety inspector; providing
23	application and examination requirements; authorizing the
24	State Fire Marshal to develop a certain advanced training
25	and certification program for firesafety inspectors;
26	authorizing the Division of State Fire Marshal to enter
27	into a reciprocity agreement with the Florida Building
28	Code Administrators and Inspectors Board for certain
29	continuing education recertification purposes; amending s.
30	633.085, F.S.; revising requirements for the State Fire
31	Marshal to inspect state buildings; amending s. 633.101,
32	F.S.; revising and expanding the authority and powers of
33	the State Fire Marshal to administer oaths, request
34	attendance of witnesses, and collect evidence; providing
35	certain forms of immunity from liability for certain
36	actions and persons under certain circumstances; exempting
37	certain information from discovery under certain
38	circumstances; exempting agents of the State Fire Marshal
39	from subpoena under certain circumstances; specifying
40	limitations on treatment of physical evidence; providing
41	for submittal for certain crime-related reports or
42	information to the State Fire Marshal; authorizing agents
43	of the State Fire Marshal to make arrests as state law
44	enforcement officers under certain circumstances; making
45	it unlawful to resist arrest; amending s. 633.121, F.S.;
46	expanding eligible persons authorized to enforce laws and
47	rules of the State Fire Marshal; amending s. 633.13, F.S.;
48	revising a provision relating to the authority of agents
49	of the State Fire Marshal; creating s. 633.145, F.S.;
50	establishing the Arson and Destructive Device Reward
51	Program within the department; providing for funding;
52	authorizing the department to pay awards for information
53	leading to certain arrests; providing limitations;
54	requiring the department to adopt rules; amending s.
55	633.161, F.S.; expanding the list of violations for which
56	the State Fire Marshal may issue certain enforcement
57	orders; providing criminal penalties for failure to comply
58	with such orders; amending s. 633.171, F.S.; revising a
59	criminal penalty provision; amending s. 633.175, F.S.;
60	specifying criteria for commission of fraudulent insurance
61	acts; providing a criminal penalty; amending s. 633.18,
62	F.S.; revising a provision relating to conduct of
63	inquiries or investigations by agents of the State Fire
64	Marshal; amending s. 633.30, F.S.; revising definitions;
65	amending s. 633.34, F.S.; revising requirements for
66	qualification for employment as a firefighter; amending s.
67	633.35, F.S.; revising requirements for firefighter
68	training and certification; requiring the Division of
69	State Fire Marshal to establish training programs for
70	certain certifications; providing requirements; amending
71	s. 633.351, F.S.; revising provisions for disciplinary
72	actions for firefighters; revising standards for
73	revocation of firefighter certifications; amending s.
74	633.352, F.S.; revising requirements for retention of
75	firefighter certification; amending s. 633.382, F.S.;
76	expanding application of provisions providing for required
77	supplemental compensation for firefighters; amending s.
78	633.524, F.S.; authorizing the State Fire Marshal to
79	contract to provide certain examinations; amending s.
80	633.541, F.S.; expanding an exclusion from application of
81	a prohibition against contracting without certification
82	for certain homeowners; amending s. 633.811, F.S.;
83	expanding authority of the division to enforce provisions
84	of law and rules applicable to employers; authorizing
85	assessment of administrative fines; amending s. 633.821,
86	F.S.; deleting certain obsolete provisions requiring
87	counties, municipalities, and special districts to
88	implement certain provisions of federal law; amending s.
89	1013.12, F.S.; revising provisions providing for casualty,
90	safety, sanitation, and firesafety standards and
91	inspections of educational facilities and ancillary
92	plants; amending ss. 218.23 and 447.203, F.S.; revising
93	cross-references; repealing s. 633.14, F.S., relating to
94	agents' powers to make arrests, conduct searches and
95	seizures, serve summonses, and carry firearms; providing
96	an effective date.
97
98	Be It Enacted by the Legislature of the State of Florida:
99
100	Section 1.  Subsection (7) of section 633.01, Florida
101	Statutes, is amended to read:
102	633.01  State Fire Marshal; powers and duties; rules.--
103	(7)  The State Fire Marshal shall adopt and administer
104	rules prescribing standards for the safety and health of
105	occupants of educational and ancillary facilities pursuant to
106	ss. 633.022, 1013.12, 1013.37, and 1013.371. In addition, in any
107	county that does not employ or appoint a local fire official,
108	the State Fire Marshal shall assume the duties of the local fire
109	official with respect to firesafety inspections of educational
110	property required under s. 1013.12(3)(b), and the State Fire
111	Marshal may take necessary corrective action as authorized under
112	s. 1013.12(6).
113	Section 2.  Section 633.02, Florida Statutes, is amended to
114	read:
115	633.02  Agents; powers and duties; compensation.--The State
116	Fire Marshal shall appoint such agents as may be necessary to
117	carry out effectively the provisions of this chapter, who shall
118	be reimbursed for travel expenses as provided in s. 112.061, in
119	addition to their salary, when traveling or making
120	investigations in the performance of their duties. Such agents
121	shall be at all times under the direction and control of the
122	State Fire Marshal, who shall fix their compensation, and all
123	orders shall be issued in the State Fire Marshal's name and by
124	her or his authority.
125	Section 3.  Paragraph (b) of subsection (1) of section
126	633.022, Florida Statutes, is amended to read:
127	633.022  Uniform firesafety standards.--The Legislature
128	hereby determines that to protect the public health, safety, and
129	welfare it is necessary to provide for firesafety standards
130	governing the construction and utilization of certain buildings
131	and structures. The Legislature further determines that certain
132	buildings or structures, due to their specialized use or to the
133	special characteristics of the person utilizing or occupying
134	these buildings or structures, should be subject to firesafety
135	standards reflecting these special needs as may be appropriate.
136	(1)  The department shall establish uniform firesafety
137	standards that apply to:
138	(b)  All new, existing, and proposed hospitals, nursing
139	homes, assisted living facilities, adult family-care homes,
140	correctional facilities, public schools, transient public
141	lodging establishments, public food service establishments,
142	elevators, migrant labor camps, mobile home parks, lodging
143	parks, recreational vehicle parks, recreational camps,
144	residential and nonresidential child care facilities, facilities
145	for the developmentally disabled, motion picture and television
146	special effects productions, and self-service gasoline stations,
147	and tunnels, of which standards the State Fire Marshal is the
148	final administrative interpreting authority.
149
150	In the event there is a dispute between the owners of the
151	buildings specified in paragraph (b) and a local authority
152	requiring a more stringent uniform firesafety standard for
153	sprinkler systems, the State Fire Marshal shall be the final
154	administrative interpreting authority and the State Fire
155	Marshal's interpretation regarding the uniform firesafety
156	standards shall be considered final agency action.
157	Section 4.  Section 633.0221, Florida Statutes, is created
158	to read:
159	633.0221  Firesafety in educational facilities.--
160	(1)  UNIFORM FIRESAFETY STANDARDS.--The State Fire Marshal,
161	in consultation with the Department of Education, shall adopt
162	uniform firesafety standards for educational and ancillary
163	plants and educational facilities, as provided in s.
164	633.022(1)(b), and a firesafety evaluation system to be used as
165	an alternate firesafety inspection standard for existing
166	educational and ancillary plants and educational facilities. The
167	uniform firesafety standards and the alternate firesafety
168	evaluation system shall be administered and enforced by local
169	fire officials. These standards shall be used by all public
170	agencies when inspecting public educational and ancillary
171	plants, and the firesafety standards shall be used by local fire
172	officials when performing firesafety inspections of public
173	educational and ancillary plants and educational facilities.
174	(2)  PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
175	BOARDS.--
176	(a)  Firesafety inspections of each educational and
177	ancillary plant shall be made annually by persons certified by
178	the Division of State Fire Marshal to be eligible to conduct
179	firesafety inspections in public educational and ancillary
180	plants. The board shall submit a copy of the firesafety
181	inspection report to the State Fire Marshal and, if there is a
182	local fire official who conducts firesafety inspections, to the
183	local fire official.
184	(b)  In each firesafety inspection report, the board shall
185	include a plan of action and a schedule for the correction of
186	each deficiency which have been formulated in consultation with
187	the local fire control authority. If immediate life-threatening
188	deficiencies are noted in any inspection, the board shall take
189	action to promptly correct the deficiencies or withdraw the
190	educational or ancillary plant from use until such time as the
191	deficiencies are corrected.
192	(3)  INSPECTION OF EDUCATIONAL PROPERTY BY THE STATE FIRE
193	MARSHAL.--
194	(a)  One firesafety inspection of each educational or
195	ancillary plant must be conducted each fiscal year by the
196	county, municipality, or special fire control district in which
197	the plant is located using the standards adopted by the State
198	Fire Marshal. The board shall cooperate with the inspecting
199	authority when a firesafety inspection is made by a governmental
200	authority under this paragraph.
201	(b)  In each firesafety inspection report, the local fire
202	official, in conjunction with the board, shall include a plan of
203	action and a schedule for the correction of each deficiency. If
204	immediate life-threatening deficiencies are noted in any
205	inspection, the local fire official shall take action to require
206	the board to promptly correct the deficiencies or withdraw the
207	educational facility from use until the deficiencies are
208	corrected, subject to review by the State Fire Marshal, who
209	shall act within 10 days to ensure that the deficiencies are
210	corrected or withdraw the facility from use.
211	(4)  INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
212	FACILITIES.--
213	(a)  Firesafety inspections of community college facilities
214	shall comply with the applicable rules of the State Fire
215	Marshal.
216	(b)  Firesafety inspections of state universities shall
217	comply with rules of the State Fire Marshal related to state-
218	owned buildings.
219	(5)  CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon
220	failure of the board to take corrective action within the time
221	designated in the plan of action to correct any firesafety
222	deficiency noted under paragraph (2)(b) or paragraph (3)(b), the
223	local fire official shall immediately report the deficiency to
224	the State Fire Marshal, who shall have enforcement authority
225	with respect to educational and ancillary plants and educational
226	facilities as provided in this chapter for a violation or
227	deficiency of any other building, structure, or facility.
228	(6)  ADDITIONAL STANDARDS.--In addition to any other rules
229	adopted under this section or s. 633.022, the State Fire
230	Marshal, in consultation with the Department of Education, shall
231	adopt and administer rules prescribing the following standards
232	for the safety and health of occupants of educational and
233	ancillary plants:
234	(a)  The designation of serious life-threatening hazards,
235	including, but not limited to, nonfunctional fire alarm systems,
236	nonfunctional fire sprinkler systems, doors with padlocks or
237	other locks or devices that preclude egress at any time,
238	inadequate exits, hazardous electrical system conditions,
239	potential structural failure, and storage conditions that create
240	a fire hazard.
241	(b)  The proper placement of functional smoke and heat
242	detectors and accessible, unexpired fire extinguishers.
243	(c)  The maintenance of fire doors without doorstops or
244	wedges improperly holding them open.
245	Section 5.  Section 633.03, Florida Statutes, is amended to
246	read:
247	633.03  Investigation of fires and explosions fire;
248	reports.--The State Fire Marshal shall investigate the cause,
249	origin, and circumstances of every fire or explosion occurring
250	in this state wherein the State Fire Marshal deems an
251	investigation is necessary and property has been damaged or
252	destroyed where there is probable cause to believe that the fire
253	or explosion was the result of carelessness or design. Report of
254	all such investigations shall be made on approved forms to be
255	furnished by the State Fire Marshal fire marshal.
256	Section 6.  Section 633.081, Florida Statutes, is amended
257	to read:
258	633.081  Inspection of buildings and equipment; orders;
259	firesafety inspection training requirements; certification;
260	disciplinary action.--The State Fire Marshal and her or his
261	agents may shall, at any reasonable hour, when the department
262	has reasonable cause to believe that a violation of this chapter
263	or s. 509.215, or a rule promulgated thereunder, or a minimum
264	firesafety code adopted by the State Fire Marshal or a local
265	authority, may exist, inspect any and all buildings and
266	structures which are subject to the requirements of this chapter
267	or s. 509.215 and rules promulgated thereunder. The authority to
268	inspect shall extend to all equipment, vehicles, and chemicals
269	which are located on or within the premises of any such building
270	or structure.
271	(1)  Each county, municipality, and special district that
272	has firesafety enforcement responsibilities shall employ or
273	contract with a firesafety inspector. The firesafety inspector
274	must conduct all firesafety inspections that are required by
275	law. The governing body of a county, municipality, or special
276	district that has firesafety enforcement responsibilities may
277	provide a schedule of fees to pay only the costs of inspections
278	conducted pursuant to this subsection and related administrative
279	expenses. Two or more counties, municipalities, or special
280	districts that have firesafety enforcement responsibilities may
281	jointly employ or contract with a firesafety inspector.
282	(2)  Every firesafety inspection conducted pursuant to
283	state or local firesafety requirements shall be by a person
284	certified as having met the inspection training requirements set
285	by the State Fire Marshal. Such person shall:
286	(a)  Be a high school graduate or the equivalent as
287	determined by the department;
288	(b)  Not have been found guilty of, or having pleaded
289	guilty or nolo contendere to, a felony or a crime punishable by
290	imprisonment of 1 year or more under the law of the United
291	States, or of any state thereof, which involves moral turpitude,
292	without regard to whether a judgment of conviction has been
293	entered by the court having jurisdiction of such cases;
294	(c)  Have her or his fingerprints on file with the
295	department or with an agency designated by the department;
296	(d)  Have good moral character as determined by the
297	department;
298	(e)  Be at least 18 years of age;
299	(f)  Have satisfactorily completed the firesafety inspector
300	certification examination as prescribed by the department; and
301	(g)1.  Have satisfactorily completed, as determined by the
302	department, a firesafety inspector training program of not less
303	than 200 hours established by the department and administered by
304	agencies and institutions approved by the department for the
305	purpose of providing basic certification training for firesafety
306	inspectors; or
307	2.  Have received in another state training which is
308	determined by the department to be at least equivalent to that
309	required by the department for approved firesafety inspector
310	education and training programs in this state.
311	(3)(a)1.  Effective July 1, 2011, the classification of
312	special state firesafety inspector is abolished and all special
313	state firesafety inspector certifications expire at midnight
314	June 30, 2011.
315	2.  Any person who is a special state firesafety inspector
316	on June 30, 2011, and who has failed to comply with paragraph
317	(b) or paragraph (c) shall not be permitted to perform any
318	firesafety inspection required by law.
319	3.  A special state firesafety inspector certification may
320	not be awarded after June 30, 2008.
321	(b)1.  Any person who is a special state firesafety
322	inspector on July 1, 2008, and who has at least 5 years'
323	experience as a special state firesafety inspector as of July 1,
324	2008, may take the same firesafety inspection examination as
325	provided in paragraph (2)(f) for firesafety inspectors prior to
326	July 1, 2011, to be certified as a firesafety inspector
327	described in subsection (2).
328	2.  Upon passing the examination, such person shall be
329	certified as a firesafety inspector as provided in subsection
330	(2).
331	3.  Failure to obtain certification requires compliance
332	with paragraph (c) to be certified as a firesafety inspector as
333	provided in subsection (2).
334	(c)1.  To be certified as a firesafety inspector as
335	provided in subsection (2), any person who:
336	a.  Is a special state firesafety inspector on July 1,
337	2008, and who does not have 5 years' experience as a special
338	state firesafety inspector as of July 1, 2008; or
339	b.  Has 5 years' experience as a special state firesafety
340	inspector but has failed the examination taken pursuant to
341	paragraph (b),
342
343	must take an additional 80 hours of the courses described in
344	paragraph (2)(g).
345	2.  After successfully completing the courses described in
346	this paragraph, such person is permitted to take the firesafety
347	inspection examination described in paragraph (2)(f), provided
348	such examination is taken prior to July 1, 2011.
349	3.  Upon passing the examination, such person shall become
350	certified as a firesafety inspector as provided in subsection
351	(2).
352	4.  A person who fails the course of study or the
353	examination described in this paragraph may not perform any
354	firesafety inspection required by law on or after July 1, 2011.
355	Each special state firesafety inspection which is required by
356	law and is conducted by or on behalf of an agency of the state
357	must be performed by an individual who has met the provision of
358	subsection (2), except that the duration of the training program
359	shall not exceed 120 hours of specific training for the type of
360	property that such special state firesafety inspectors are
361	assigned to inspect.
362	(4)  A firefighter certified pursuant to s. 633.35 may
363	conduct firesafety inspections, under the supervision of a
364	certified firesafety inspector, while on duty as a member of a
365	fire department company conducting inservice firesafety
366	inspections without being certified as a firesafety inspector,
367	if such firefighter has satisfactorily completed an inservice
368	fire department company inspector training program of at least
369	24 hours' duration as provided by rule of the department.
370	(5)  Every firesafety inspector or special state firesafety
371	inspector certificate is valid for a period of 3 years from the
372	date of issuance. Renewal of certification shall be subject to
373	the affected person's completing proper application for renewal
374	and meeting all of the requirements for renewal as established
375	under this chapter or by rule adopted promulgated thereunder,
376	which shall include completion of at least 40 hours during the
377	preceding 3-year period of continuing education as required by
378	the rule of the department or, in lieu thereof, successful
379	passage of an examination as established by the department.
380	(6)  The State Fire Marshal may deny, refuse to renew,
381	suspend, or revoke the certificate of a firesafety inspector or
382	special state firesafety inspector if it finds that any of the
383	following grounds exist:
384	(a)  Any cause for which issuance of a certificate could
385	have been refused had it then existed and been known to the
386	State Fire Marshal.
387	(b)  Violation of this chapter or any rule or order of the
388	State Fire Marshal.
389	(c)  Falsification of records relating to the certificate.
390	(d)  Having been found guilty of or having pleaded guilty
391	or nolo contendere to a felony, whether or not a judgment of
392	conviction has been entered.
393	(e)  Failure to meet any of the renewal requirements.
394	(f)  Having been convicted of a crime in any jurisdiction
395	which directly relates to the practice of fire code inspection,
396	plan review, or administration.
397	(g)  Making or filing a report or record that the
398	certificateholder knows to be false, or knowingly inducing
399	another to file a false report or record, or knowingly failing
400	to file a report or record required by state or local law, or
401	knowingly impeding or obstructing such filing, or knowingly
402	inducing another person to impede or obstruct such filing.
403	(h)  Failing to properly enforce applicable fire codes or
404	permit requirements within this state which the
405	certificateholder knows are applicable by committing willful
406	misconduct, gross negligence, gross misconduct, repeated
407	negligence, or negligence resulting in a significant danger to
408	life or property.
409	(i)  Accepting labor, services, or materials at no charge
410	or at a noncompetitive rate from any person who performs work
411	that is under the enforcement authority of the certificateholder
412	and who is not an immediate family member of the
413	certificateholder. For the purpose of this paragraph, the term
414	"immediate family member" means a spouse, child, parent,
415	sibling, grandparent, aunt, uncle, or first cousin of the person
416	or the person's spouse or any person who resides in the primary
417	residence of the certificateholder.
418	(7)  The department shall provide by rule for the
419	certification of firesafety inspectors.
420	(8)  The State Fire Marshal may develop by rule an advanced
421	training and certification program for firesafety inspectors
422	with fire code management responsibility. This program shall be
423	consistent with national standards. The program shall establish
424	minimum training, education, and experience levels for fire
425	safety inspectors with fire code management responsibilities.
426	(9)  The Division of State Fire Marshal may enter into a
427	reciprocity agreement with the Florida Building Code
428	Administrators and Inspectors Board, established pursuant to s.
429	468.605, to facilitate joint recognition of continuing education
430	recertification hours for certificateholders licensed in
431	accordance with s. 468.609 and firesafety inspectors certified
432	in accordance with subsection (2).
433	Section 7.  Paragraph (a) of subsection (1) and subsections
434	(2), (3), and (4) of section 633.085, Florida Statutes, are
435	amended to read:
436	633.085  Inspections of state buildings and premises; tests
437	of firesafety equipment; building plans to be approved.--
438	(1)(a)  It is the duty of the State Fire Marshal and her or
439	his agents to inspect, or cause to be inspected, each state-
440	owned building and each building located on land owned by the
441	state and used primarily for state purposes as determined by the
442	State Fire Marshal, such buildings to be referred to in this
443	section as a state-owned building or state-owned buildings, on a
444	recurring basis established by rule, and to ensure that high-
445	hazard occupancies are inspected at least annually, for the
446	purpose of ascertaining and causing to be corrected any
447	conditions liable to cause fire or endanger life from fire and
448	any violation of the firesafety standards for state-owned
449	buildings, the provisions of this chapter, or the rules or
450	regulations adopted and promulgated pursuant hereto. The State
451	Fire Marshal shall, within 7 days following an inspection,
452	submit a report of such inspection to the head of the department
453	of state government responsible for the building.
454	(2)  The State Fire Marshal and her or his agents may shall
455	conduct performance tests on any electronic fire warning and
456	smoke detection system, and any pressurized air-handling unit,
457	in any state-owned building or state-leased space on a recurring
458	basis as provided in subsection (1). The State Fire Marshal and
459	her or his agents shall also ensure that fire drills are
460	conducted in all high hazard state-owned buildings or high
461	hazard state-leased high-hazard occupancies at least annually.
462	(3)  All construction of any new, or renovation,
463	alteration, or change of occupancy of any existing, state-owned
464	building or state-leased space shall comply with the uniform
465	firesafety standards of the State Fire Marshal.
466	(a)  For all new construction or renovation, alteration, or
467	change of occupancy of state-leased space, compliance with the
468	uniform firesafety standards shall be determined by reviewing
469	the plans for the proposed construction or occupancy submitted
470	by the lessor to the Division of State Fire Marshal for review
471	and approval prior to commencement of construction or occupancy,
472	which review shall be completed within 10 working days after
473	receipt of the plans by the Division of State Fire Marshal.
474	(b)  The plans for all construction of any new, or
475	renovation or alteration of any existing, state-owned building
476	are subject to the review and approval of the Division of State
477	Fire Marshal for compliance with the uniform firesafety
478	standards prior to commencement of construction or change of
479	occupancy, which review shall be completed within 30 calendar
480	days of receipt of the plans by the Division of State Fire
481	Marshal.
482	(4)  The Division of State Fire Marshal may inspect state-
483	owned buildings and space and state-leased space as necessary
484	prior to occupancy or during construction, renovation, or
485	alteration to ascertain compliance with the uniform firesafety
486	standards. Whenever the Division of State Fire Marshal
487	determines by virtue of such inspection or by review of plans
488	that construction, renovation, or alteration of state-owned
489	buildings and state-leased space is not in compliance with the
490	uniform firesafety standards, the Division of State Fire Marshal
491	shall issue an order to cease construction, renovation, or
492	alteration, or to preclude occupancy, of a building until
493	compliance is obtained, except for those activities required to
494	achieve such compliance.
495	Section 8.  Section 633.101, Florida Statutes, is amended
496	to read:
497	633.101  Hearings; investigations; investigatory powers of
498	State Fire Marshal; costs of service and witness fees.--
499	(1)  The State Fire Marshal may in his or her discretion
500	take or cause to be taken the testimony on oath of all persons
501	whom he or she believes to be cognizant of any facts in relation
502	to matters under investigation. The State Fire Marshal may
503	administer oaths and affirmations, request the attendance of
504	witnesses or proffering of matter, and collect evidence.
505	(2)  If the State Fire Marshal seeks to obtain by request
506	any matter that or the testimony of any person who is located
507	outside the state, the person requested shall provide the
508	testimony to the State Fire Marshal or make the matter available
509	to the State Fire Marshal to examine at the place where the
510	matter is located. The State Fire Marshal may designate
511	representatives, including officials of the state in which the
512	matter is located, to inspect the matter on behalf of the State
513	Fire Marshal, and the State Fire Marshal may respond to similar
514	requests from officials of other states.
515	(3)(a)  The State Fire Marshal may request that an
516	individual who refuses to comply with any request made under
517	subsection (2) be ordered by the circuit court to provide the
518	testimony or matter. The court shall not order such compliance
519	unless the State Fire Marshal has demonstrated to the
520	satisfaction of the court that the testimony of the witness or
521	the matter under request has a direct bearing on matter under
522	the jurisdiction of the State Fire Marshal, constitutes a felony
523	or misdemeanor under this chapter, the Florida Insurance Code,
524	or a fraudulent insurance act, or is pertinent and necessary to
525	further such investigation.
526	(b)  Except in a prosecution for perjury, an individual who
527	complies with a court order to provide testimony or matter after
528	asserting a privilege against self-incrimination to which the
529	individual is entitled by law may not be subjected to a criminal
530	proceeding or to a civil penalty with respect to the act
531	concerning which the individual is required to testify or
532	produce relevant matter.
533	(c)  In the absence of fraud or bad faith, a person is not
534	subject to civil liability for libel, slander, or any other
535	relevant tort by virtue of filing reports, without malice, or
536	furnishing other information, without malice, required by this
537	chapter or required by the State Fire Marshal under the
538	authority granted in this chapter, and no civil cause of action
539	of any nature shall arise against such person for:
540	1.  Any information relating to a matter under the
541	jurisdiction of the State Fire Marshal, suspected violations of
542	the Florida Insurance Code, or fraudulent insurance acts or
543	persons suspected of engaging in such acts furnished to or
544	received from law enforcement officials or their agents or
545	employees;
546	2.  Any information relating to any matter under the
547	jurisdiction of the State Fire Marshal, suspected violations of
548	the Florida Insurance Code, fraudulent insurance acts or persons
549	suspected of engaging in such acts furnished to or received from
550	other persons subject to the provisions of this chapter:
551	3.  Any such information furnished in reports to the State
552	Fire Marshal or any local, state, or federal enforcement
553	officials or their agents or employees; or
554	4.  Other actions taken in cooperation with any of the
555	agencies or individuals specified in this paragraph in the
556	lawful investigation of violations under the jurisdiction of the
557	State Fire Marshal, suspected violations of the Florida
558	Insurance Code, or suspected fraudulent insurance acts.
559	(d)  In addition to the immunity granted in paragraph (c),
560	persons identified as designated employees whose
561	responsibilities include the investigation and disposition of
562	violations under the jurisdiction of the State Fire Marshal or
563	the Florida Insurance Code and claims relating to suspected
564	fraudulent insurance acts may share information relating to
565	persons suspected of such acts with other designated employees
566	employed by the same or other insurers whose responsibilities
567	include such acts, provided the State Fire Marshal has been
568	given written notice of the names and job titles of such
569	designated employees prior to such designated employees sharing
570	information. Unless the designated employees of the insurer act
571	in bad faith or in reckless disregard for the rights of any
572	insured, the insurer or its designated employees are not civilly
573	liable for libel, slander, or any other relevant tort, and a
574	civil action does not arise against the insurer or its
575	designated employees for:
576	1.  Any information related to any matter under the
577	jurisdiction of the State Fire Marshal, the Florida Insurance
578	Code, or suspected fraudulent insurance acts provided to an
579	insurer; or
580	2.  Any information relating to any matter under the
581	jurisdiction of the State Fire Marshal, the Florida Insurance
582	Code, or suspected fraudulent insurance acts provided to the
583	National Insurance Crime Bureau or the National Association of
584	Insurance Commissioners.
585
586	However, the qualified immunity against civil liability
587	conferred on any insurer or its designated employees shall be
588	forfeited with respect to the exchange or publication of any
589	defamatory information with third persons not expressly
590	authorized by this paragraph to share in such information.
591	(e)  The State Fire Marshal and any employee or agent of
592	the department, when acting without malice and in the absence of
593	fraud or bad faith, is not subject to civil liability for libel,
594	slander, or any other relevant tort, and no civil cause of
595	action of any nature exists against such person by virtue of the
596	execution of official activities or duties of the State Fire
597	Marshal or by virtue of the publication of any report or
598	bulletin related to the official activities or duties of the
599	State Fire Marshal under this chapter.
600	(f)  This section does not abrogate or modify in any way
601	any common-law or statutory privilege or immunity otherwise
602	enjoyed by any person.
603	(5)(a)  Papers, documents, reports, or evidence relative to
604	the subject of an investigation under this section shall not be
605	subject to discovery until the investigation is completed or
606	ceases to be active. Agents of the State Fire Marshal shall not
607	be subject to subpoena in civil actions by any court of this
608	state to testify concerning any matter of which they have
609	knowledge pursuant to a pending investigation by the State Fire
610	Marshal.
611	(b)  Physical evidence that is not capable of being copied
612	or reproduced shall not constitute a public record and shall be
613	disposed of in accordance with s. 705.105. During the pendency
614	of an active investigation, physical evidence shall not be
615	subject to subpoena until the investigation is completed or
616	ceases to be active, unless the State Fire Marshal consents to
617	release of the physical evidence.
618	(6)  Any person, other than an insurer, agent, or other
619	person licensed under the Florida Insurance Code, or an employee
620	of such licensee, having knowledge or a belief that a crime
621	involving arson, a destructive device, a fraudulent insurance
622	act, or any other act or practice which, upon conviction,
623	constitutes a felony or a misdemeanor under this chapter, the
624	Florida Insurance Code, or s. 817.233 is being or has been
625	committed may submit to the State Fire Marshal a report or
626	information pertinent to such knowledge or belief and such
627	additional information relative to such knowledge or belief as
628	the State Fire Marshal may request. Any insurer, agent, or other
629	person licensed under the Florida Insurance Code, or an employee
630	of such licensee, having knowledge or believes belief that a
631	fraudulent insurance act or any other act or practice which,
632	upon conviction, constitutes a felony or a misdemeanor under
633	this chapter, the Florida Insurance Code, or s. 817.233 is being
634	or has been committed shall send to the State Fire Marshal a
635	report or information pertinent to such knowledge or belief and
636	such additional information relative to such knowledge or belief
637	as the State Fire Marshal may require. The State Fire Marshal
638	shall review such information or reports and select such
639	information or reports as, in his or her judgment, may require
640	further investigation. The State Fire Marshal shall then cause
641	an independent examination of the facts surrounding such
642	information or report to be made to determine the extent, if
643	any, to which a crime involving arson, a destructive device, or
644	a fraudulent insurance act or any other act or practice which,
645	upon conviction, constitutes a felony or a misdemeanor under
646	this chapter, the Florida Insurance Code, or s. 817.233 is being
647	or has been committed. The State Fire Marshal shall report any
648	alleged violations of law which his or her investigations reveal
649	to the appropriate licensing agency and state attorney or other
650	prosecuting agency having jurisdiction with respect to any such
651	violation. If prosecution by the state attorney or other
652	prosecuting agency having jurisdiction with respect to such
653	violation is not begun within 60 days after such report by the
654	State Fire Marshal, the state attorney or other prosecuting
655	agency having jurisdiction with respect to such violation shall
656	inform the State Fire Marshal of the reasons for the lack of
657	prosecution.
658	(7)  Each agent of the State Fire Marshal may make arrests
659	for criminal violations established as a result of an
660	investigation and are considered state law enforcement officers
661	for all purposes and may execute arrest warrants and search
662	warrants; may serve subpoenas issued for the examination,
663	investigation, and trial of all offenses; and may arrest upon
664	probable cause without warrant any person found engaging in any
665	act constituting a felony or misdemeanor under this chapter, the
666	Florida Insurance Code, or s. 817.233. Each agent of the State
667	Fire Marshal may make arrests under this section and may bear
668	arms in the performance of his or her duties. In such
669	situations, the agent of the State Fire Marshal must be
670	certified in compliance with the provisions of s. 943.1395 or
671	must meet the temporary employment or appointment exemption
672	requirements of s. 943.131 until certified.
673	(8)  It is unlawful for any person to resist an arrest by
674	an agent of the State Fire Marshal authorized by this section or
675	in any manner to interfere, by abetting or assisting such
676	resistance or otherwise interfering, with any Division of State
677	Fire Marshal investigator in the duties imposed upon such agent
678	or investigator by law or department rule.
679	(2)  If the State Fire Marshal shall be of the opinion that
680	there is sufficient evidence to charge any person with an
681	offense, he or she shall cause the arrest of such person and
682	shall furnish to the prosecuting officer of any court having
683	jurisdiction of said offense all information obtained by him or
684	her, including a copy of all pertinent and material testimony
685	taken, together with the names and addresses of all witnesses.
686	In the conduct of such investigations, the fire marshal may
687	request such assistance as may reasonably be given by such
688	prosecuting officers and other local officials.
689	(3)  The fire marshal may summon and compel the attendance
690	of witnesses before him or her to testify in relation to any
691	manner which is, by the provisions of this chapter, a subject of
692	inquiry and investigation, and he or she may require the
693	production of any book, paper or document deemed pertinent
694	thereto by him or her, and may seize furniture and other
695	personal property to be held for evidence.
696	(4)  All persons so summoned and so testifying shall be
697	entitled to the same witness fees and mileage as provided for
698	witnesses testifying in the circuit courts of this state, and
699	officers serving subpoenas or orders of the fire marshal shall
700	be paid in like manner for like services in such courts, from
701	the funds herein provided.
702	Section 9.  Section 633.121, Florida Statutes, is amended
703	to read:
704	633.121  Persons authorized to enforce laws and rules of
705	State Fire Marshal.--The chiefs of county, municipal, and
706	special-district fire departments; other fire department
707	personnel designated by their respective chiefs; and personnel
708	designated by local governments having no organized fire
709	departments; and all law enforcement officers in the state duly
710	certified under chapter 943 may are authorized to enforce this
711	chapter law and all rules adopted prescribed by the State Fire
712	Marshal within their respective jurisdictions. Such personnel
713	acting under the authority of this section shall be deemed to be
714	agents of their respective jurisdictions, not agents of the
715	State Fire Marshal.
716	Section 10.  Section 633.13, Florida Statutes, is amended
717	to read:
718	633.13  State Fire Marshal; authority of agents.--The
719	authority given the State Fire Marshal under this chapter or any
720	rule or order adopted by the State Fire Marshal law may be
721	exercised by his or her agents, either individually or in
722	conjunction with any other state or local official charged with
723	similar responsibilities.
724	Section 11.  Section 633.145, Florida Statutes, is created
725	to read:
726	633.145  Arson and Destructive Device Reward Program.--
727	(1)  The Arson and Destructive Device Reward Program is
728	established within the department, to be funded from the
729	Insurance Regulatory Trust Fund.
730	(2)  The department may pay rewards of up to $25,000 to
731	persons providing information leading to the arrest and
732	conviction of persons committing crimes involving arson and
733	destructive devices investigated by the Bureau of Fire and Arson
734	Investigations arising from violations of s. 790.161, s.
735	790.1615, s. 790.162, s. 790.163, s. 790.164, s. 790.166, s.
736	806.01, s. 806.031, s. 806.10, s. 806.111, or s. 817.233.
737	(3)  Only a single reward amount may be paid by the
738	department for claims arising out of the same transaction or
739	occurrence, regardless of the number of persons arrested and
740	convicted and the number of persons submitting claims for the
741	reward. The reward may be disbursed among more than one person
742	in amounts as determined by the department.
743	(4)  The department shall adopt rules, including any
744	necessary forms, which set forth the application and approval
745	process, including the criteria against which claims shall be
746	evaluated, the basis for determining specific reward amounts,
747	and the manner in which rewards shall be disbursed. Applications
748	for rewards authorized by this section must be made pursuant to
749	rules adopted by the department.
750	(5)  Determinations by the department to grant or deny a
751	reward under this section are discretionary on the part of the
752	department and are final. Such determinations are not agency
753	actions subject to review under s. 120.569 or s. 120.57 and are
754	not final orders or appealable in any court of appeal.
755	Section 12.  Subsections (1) and (3) of section 633.161,
756	Florida Statutes, are amended to read:
757	633.161  Violations; orders to cease and desist, correct
758	hazardous conditions, preclude occupancy, or vacate;
759	enforcement; penalties.--
760	(1)  If it is determined by the department that a violation
761	specified in this subsection exists, the State Fire Marshal or
762	her or his deputy may issue and deliver to the person committing
763	the violation an order to cease and desist from such violation,
764	to correct any hazardous condition, to preclude occupancy of the
765	affected building or structure, or to vacate the premises of the
766	affected building or structure. Such violations consist of are:
767	(a)  Except as set forth in paragraph (b), a violation of
768	any provision of this chapter, of any rule adopted pursuant
769	thereto, of any applicable uniform firesafety standard adopted
770	pursuant to s. 633.022 which is not adequately addressed by any
771	alternative requirements adopted on a local level, or of any
772	minimum firesafety standard adopted pursuant to s. 394.879.
773	(b)  A substantial violation of an applicable minimum
774	firesafety standard adopted pursuant to s. 633.025 which is not
775	reasonably addressed by any alternative requirement imposed at
776	the local level, or an unreasonable interpretation of an
777	applicable minimum firesafety standard, and which violation or
778	interpretation clearly constitutes a danger to lifesafety.
779	(c)  A building or structure which is in a dilapidated
780	condition and as a result thereof creates a danger to life,
781	safety, or property.
782	(d)  A building or structure which contains explosive
783	matter or flammable liquids or gases constituting a danger to
784	life, safety, or property.
785	(e)  A fire department that is not operated by or under
786	contract with a political subdivision as defined in s. 1.01.
787	(3)  Any person who violates or fails to comply with any
788	order under subsection (1) or subsection (2) commits is guilty
789	of a misdemeanor, punishable as provided in s. 633.171.
790	Section 13.  Subsection (1) of section 633.171, Florida
791	Statutes, is amended to read:
792	633.171  Penalty for violation of law, rule, or order to
793	cease and desist or for failure to comply with corrective
794	order.--
795	(1)  Any person who violates any provision of this chapter
796	law, any order or rule of the State Fire Marshal, or any order
797	to cease and desist or to correct conditions issued under this
798	chapter commits a misdemeanor of the second degree, punishable
799	as provided in s. 775.082 or s. 775.083.
800	Section 14.  Subsection (1) of section 633.175, Florida
801	Statutes, is amended, subsection (9) of that section is
802	renumbered as subsection (10), and a new subsection (9) is added
803	to that section, to read:
804	633.175  Investigation of fraudulent insurance claims and
805	crimes; immunity of insurance companies supplying information.--
806	(1)  In addition to the other powers granted by this
807	chapter, the State Fire Marshal or an agent appointed pursuant
808	to s. 633.02, any law enforcement officer as defined in s.
809	111.065, any law enforcement officer of a federal agency, or any
810	fire department official who is engaged in the investigation of
811	a fire loss may request any insurance company or its agent,
812	adjuster, employee, or attorney, investigating a claim under an
813	insurance policy or contract with respect to a fire to release
814	any information whatsoever in the possession of the insurance
815	company or its agent, adjuster, employee, or attorney relative
816	to a loss from that fire. The insurance company shall release
817	the available information to and cooperate with any official
818	authorized to request such information pursuant to this section.
819	The information shall include, but shall not be limited to:
820	(a)  Any insurance policy relevant to a loss under
821	investigation and any application for such a policy.
822	(b)  Any policy premium payment records.
823	(c)  The records, reports, and all material pertaining to
824	any previous claims made by the insured with the reporting
825	company.
826	(d)  Material relating to the investigation of the loss,
827	including statements of any person, proof of loss, and other
828	relevant evidence.
829	(e)  Memoranda, notes, and correspondence relating to the
830	investigation of the loss in the possession of the insurance
831	company or its agents, adjusters, employees, or attorneys.
832	(9)  For the purposes of this section, a person commits a
833	fraudulent insurance act if the person knowingly and with intent
834	to defraud presents, causes to be presented, or prepares with
835	knowledge or belief that it will be presented, to or by an
836	insurer, self-insurer, self-insurance fund, servicing
837	corporation, purported insurer, or broker, or any agent of such
838	an entity, any written statement as part of, or in support of,
839	an application for the issuance of, or the rating of, any
840	insurance policy, or a claim for payment or other benefit
841	pursuant to any insurance policy, which the person knows to
842	contain materially false information concerning any fact
843	material to such statement or claim or if the person conceals,
844	for the purpose of misleading another, information concerning
845	any fact material to such statement or claim.
846	(10)(9)  Any person who willfully violates the provisions
847	of this section is guilty of a misdemeanor of the first degree,
848	punishable as provided in s. 775.082 or s. 775.083.
849	Section 15.  Section 633.18, Florida Statutes, is amended
850	to read:
851	633.18  State Fire Marshal; hearings and investigations;
852	subpoena of witnesses; orders of circuit court.--Any agent
853	designated by the State Fire Marshal for such purposes, may hold
854	hearings, sign and issue subpoenas, administer oaths, examine
855	witnesses, receive evidence, and require by subpoena the
856	attendance and testimony of witnesses and the production of such
857	accounts, records, memoranda or other evidence, as may be
858	material for the determination of any complaint or conducting
859	any inquiry or investigation under this chapter or any rule or
860	order of the State Fire Marshal law. In case of disobedience to
861	a subpoena, the State Fire Marshal or his or her agent may
862	invoke the aid of any court of competent jurisdiction in
863	requiring the attendance and testimony of witnesses and the
864	production of accounts, records, memoranda or other evidence and
865	any such court may in case of contumacy or refusal to obey a
866	subpoena issued to any person, issue an order requiring the
867	person to appear before the State Fire Marshal's agent or
868	produce accounts, records, memoranda or other evidence, as so
869	ordered, or to give evidence touching any matter pertinent to
870	any complaint or the subject of any inquiry or investigation,
871	and any failure to obey such order of the court shall be
872	punished by the court as a contempt thereof.
873	Section 16.  Section 633.30, Florida Statutes, is amended
874	to read:
875	633.30  Standards for firefighting; definitions.--As used
876	in this chapter, the term:
877	(1)  "Apprentice firefighter" means any high school student
878	who completes a high school course of instruction and
879	examination approved by the department that includes specified
880	components of firefighter I and II certification in accordance
881	with the division's rules. Prior to the person's 18th birthday,
882	an apprentice firefighter may function as a fireground resource
883	technician with a recognized fire department. Upon the
884	apprentice firefighter's 18th birthday and graduation from high
885	school, the apprentice firefighter may complete the outstanding
886	components of firefighter I and II certification training and
887	become certified at level II in accordance with the division's
888	rules.
889	(2)  "Career firefighter" means a person who is compensated
890	at an hourly or salaried rate and whose work hours are scheduled
891	in advance to maintain a schedule of coverage at a station,
892	facility, or area to function as described in subsection (8).
893	(3)(4)  "Council" means the Firefighters Employment,
894	Standards, and Training Council.
895	(4)(3)  "Department" means the Department of Financial
896	Services.
897	(5)(5)  "Division" means the Division of State Fire Marshal
898	of the Department of Financial Services.
899	(6)(2)  "Employing agency" means any municipality or
900	county, the state, or any political subdivision of the state,
901	including authorities and special districts, employing
902	firefighters as defined in subsection (1).
903	(7)  "Fire department" means an organization that responds
904	to emergency calls for the purpose of fighting fires.
905	(8)(1)  "Firefighter" means any person initially employed
906	as a full-time professional firefighter by any employing agency,
907	as defined herein, whose primary responsibility is the
908	prevention and extinguishment of fires, the protection and
909	saving of life and property, and the enforcement of municipal,
910	county, and state fire prevention codes, as well as of any law
911	pertaining to the prevention and control of fires.
912	(9)  "Firefighter I"  means a person who has successfully
913	completed the firefighter I training program and is certified at
914	level I in accordance with the division's rules. Firefighter I
915	is the minimum level of certification to function as a volunteer
916	firefighter.
917	(10)  "Firefighter II" means a person who has successfully
918	completed the firefighter II training program and is certified
919	at level II in accordance with the division's rules. Firefighter
920	II is the minimum level of certification to function as a full-
921	time career firefighter as set forth in subsection (2).
922	(11)  "Fireground resource technician" means a volunteer
923	exterior firefighter or support person who is not qualified by
924	certification to be an interior firefighter but who has
925	completed a course of instruction in accordance with the
926	division's rules. Fireground resource technician is the minimum
927	level of certification to function on the fireground in
928	accordance with division rules.
929	Section 17.  Section 633.34, Florida Statutes, is amended
930	to read:
931	633.34  Firefighters; qualifications for employment.--
932	(1)  Any person applying to an employing agency to function
933	for employment as a firefighter must:
934	(a)(1)  Be a high school graduate or the equivalent, as the
935	term may be determined by the division, and at least 18 years of
936	age.
937	(b)(2)  Never have been adjudicated guilty of, or pled
938	guilty or nolo contendere to, any:
939	1.  Felony. If an applicant has been convicted of a felony,
940	the applicant is not eligible for certification until the
941	applicant complies with s. 112.011(2)(b); or
942	2.  Misdemeanor involving moral turpitude, dishonest acts,
943	or misleading or false statements relating to certification or
944	employment as a firefighter.
945
946	If an applicant has been sentenced for any conviction of a
947	felony or a misdemeanor, the applicant is not eligible for
948	certification until 4 years after the expiration of any
949	sentence. If a sentence is suspended or adjudication is withheld
950	and a period of probation is imposed, the applicant must have
951	been released from probation. Neither have been convicted of a
952	felony or of a misdemeanor directly related to the position of
953	employment sought, nor have pled nolo contendere to any charge
954	of a felony. If an applicant has been convicted of a felony,
955	such applicant must be in compliance with s. 112.011(2)(b). If
956	an applicant has been convicted of a misdemeanor directly
957	related to the position of employment sought, such applicant
958	shall be excluded from employment for a period of 4 years after
959	expiration of sentence. If the sentence is suspended or
960	adjudication is withheld in a felony charge or in a misdemeanor
961	directly related to the position or employment sought and a
962	period of probation is imposed, the applicant must have been
963	released from probation.
964	(c)(3)  Pay for and submit fingerprints as directed by the
965	division. Submit a fingerprint card to the division with a
966	current processing fee. The fingerprints shall fingerprint card
967	will be forwarded to the Department of Law Enforcement or and/or
968	the Federal Bureau of Investigation or both, as directed by
969	division rule.
970	(4)  Have a good moral character as determined by
971	investigation under procedure established by the division.
972	(d)(5)  Be in good physical condition as determined by a
973	medical examination given by a physician, surgeon, or physician
974	assistant licensed to practice in the state pursuant to chapter
975	458; an osteopathic physician, surgeon, or physician assistant
976	licensed to practice in the state pursuant to chapter 459; or an
977	advanced registered nurse practitioner licensed to practice in
978	the state pursuant to chapter 464, who are aware of and familiar
979	with the medical requirements for training and certification as
980	stated in department rule. Such examination may include, but
981	need not be limited to, provisions of the National Fire
982	Protection Association Standard 1582. Results of this A medical
983	examination evidencing good physical condition shall be
984	submitted to the division, on a form as provided by rule, before
985	an individual is eligible for admission into a firefighter
986	training program as defined in s. 633.35.
987	(e)(6)  Be a nonuser of tobacco or tobacco products for at
988	least 1 year immediately preceding application, as evidenced by
989	the sworn affidavit of the applicant.
990	(2)  A person who does not hold an apprentice firefighter,
991	fireground resource technician, firefighter I, or firefighter II
992	certificate shall not respond or engage in hazardous operations,
993	including, but not limited to, interior structural firefighting,
994	hazardous-materials-incident mitigation, and incident command,
995	requiring the knowledge and skills taught in the training
996	programs established in s. 633.35, regardless of volunteer or
997	employment status.
998	Section 18.  Section 633.35, Florida Statutes, is amended
999	to read:
1000	633.35  Firefighter training and certification.--
1001	(1)  The division shall establish by rule a firefighter
1002	training programs for certification as a fireground resource
1003	technician, an apprentice firefighter, a firefighter I, and a
1004	firefighter II, to be program of not less than 360 hours,
1005	administered by such agencies and institutions as approved by
1006	the division in accordance with division rules, it approves for
1007	the purpose of providing basic employment training for
1008	firefighters. Nothing herein shall require a public employer to
1009	pay the cost of such training.
1010	(2)  The division shall issue certificates a certificate of
1011	compliance for certification as a fireground resource
1012	technician, an apprentice firefighter, a firefighter I, and a
1013	firefighter II to any person who has satisfactorily completed
1014	complying with the training programs program established in
1015	subsection (1), who has successfully passed an examination as
1016	prescribed by the division, and who possesses the qualifications
1017	specified for employment in s. 633.34, except s. 633.34(5). A No
1018	person may not be employed as a career regular or permanent
1019	firefighter by an employing agency, or by a private entity under
1020	contract with the state or any political subdivision of the
1021	state, including authorities and special districts, unless
1022	certified as a firefighter II, except for an individual hired to
1023	be trained and become certified as a firefighter II. An
1024	individual hired to be trained and become certified as a
1025	firefighter II has a maximum of, for a period of time in excess
1026	of 1 year from the date of initial employment to obtain the
1027	firefighter II until he or she has obtained such certificate of
1028	compliance. A person who does not hold a firefighter II
1029	certificate of compliance and is employed under this section may
1030	not directly engage in hazardous operations, such as interior
1031	structural firefighting or and hazardous-materials-incident
1032	mitigation, requiring the knowledge and skills taught in a
1033	training program established in subsection (1), including
1034	incident command. However, a person who is certified and has
1035	been employed by served as a volunteer firefighter with the
1036	state or any political subdivision of the state, including
1037	authorities and special districts, who is then employed as a
1038	career regular or permanent firefighter may function, during
1039	this period, in the same capacity in which he or she acted prior
1040	to being employed as a career firefighter as a volunteer
1041	firefighter, provided that he or she has completed all training
1042	required by the volunteer organization.
1043	(3)  The division may issue a certificate of compliance at
1044	the firefighter I or firefighter II level to any person who has
1045	received basic employment training for firefighters in another
1046	state when the division has determined that such training was at
1047	least equivalent to that required by the division for approved
1048	firefighter education and training programs in this state and
1049	when such person has satisfactorily complied with all other
1050	requirements of this section. The division may also issue a
1051	special certificate to a person who is otherwise qualified under
1052	this section and who is employed as the administrative and
1053	command head of a fire/rescue/emergency services organization,
1054	based on the acknowledgment that such person is less likely to
1055	need physical dexterity and more likely to need advanced
1056	knowledge of firefighting and supervisory skills. The
1057	certificate is valid only while the person is serving in a
1058	position as an administrative and command head of a
1059	fire/rescue/emergency services organization and must be obtained
1060	prior to employment in such capacity.
1061	(4)  A person who fails an examination given under this
1062	section may retake the examination once within 6 months after
1063	the original examination date. An applicant who does not pass
1064	retake the examination within such time must repeat or take the
1065	applicable training program Minimum Standards Course, pursuant
1066	to subsection (1), before being reexamined. The division may
1067	establish reasonable preregistration deadlines for such
1068	reexaminations.
1069	(5)  Pursuant to s. 590.02(1)(e), the division shall
1070	establish a structural fire training program of not less than 40
1071	hours. The division shall issue to any person satisfactorily
1072	complying with this training program and who has successfully
1073	passed an examination as prescribed by the division and who has
1074	met the requirements of s. 590.02(1)(e) a Certificate of
1075	Forestry Firefighter.
1076	(6)  A certified forestry firefighter is entitled to the
1077	same rights, privileges, and benefits provided for by law as a
1078	certified firefighter.
1079	Section 19.  Section 633.351, Florida Statutes, is amended
1080	to read:
1081	633.351  Disciplinary action; firefighters; standards for
1082	revocation of certification.--
1083	(1)  The certification of a firefighter shall be revoked if
1084	evidence is found that the certification was improperly issued
1085	by the division or if evidence is found that the certification
1086	was issued on the basis of false, incorrect, incomplete, or
1087	misleading information.
1088	(2)  The certification of a firefighter who has been
1089	adjudicated guilty of, or pled guilty or nolo contendere to, any
1090	felony, or any misdemeanor involving moral turpitude, dishonest
1091	acts, or misleading or false statements relating to the
1092	certification or employment as a firefighter, shall be revoked.
1093	In the case of a felony, the certification may not be reinstated
1094	is convicted of a felony, or who is convicted of a misdemeanor
1095	relating to misleading or false statements, or who pleads nolo
1096	contendere to any charge of a felony shall be revoked until the
1097	firefighter complies with s. 112.011(2)(b). However, if sentence
1098	upon such felony or such misdemeanor charge is suspended or
1099	adjudication is withheld, the firefighter's certification shall
1100	be revoked until she or he completes any probation.
1101	Section 20.  Section 633.352, Florida Statutes, is amended
1102	to read:
1103	633.352  Retention of firefighter certification.--
1104	(1)  Any certified firefighter who has not been active as a
1105	firefighter, or as a volunteer firefighter with an organized
1106	fire department, for a period of 3 years shall be required to
1107	retake and pass the written and practical portions portion of
1108	the minimum standards state examination specified in division
1109	rules. rule 4A-37.056(6)(b), Florida Administrative Code, in
1110	order to maintain her or his certification as a firefighter;
1111	however,
1112	(2)  This requirement does not apply to state-certified
1113	firefighters who are certified and employed as full-time fire
1114	safety inspectors by a fire department employing agency
1115	instructors, as determined by the division.
1116	(3)  The 3-year period begins on the date the certificate
1117	of compliance is issued, or upon termination of service with an
1118	organized fire department, or upon expiration of instructor
1119	certification.
1120	Section 21.  Subsections (1), (2), and (3) of section
1121	633.382, Florida Statutes, are amended to read:
1122	633.382  Firefighters; supplemental compensation.--
1123	(1)  DEFINITIONS.--As used in this section, the term:
1124	(a)  "Employing agency" means any municipality or any
1125	county, the state, or any political subdivision of the state,
1126	including authorities and special districts employing
1127	firefighters.
1128	(b)  "Firefighter" means any person who meets the
1129	definition of the term "firefighter" in s. 633.30(2) and (10)(1)
1130	who is certified in compliance with s. 633.35 and who is
1131	employed solely within the fire department of the employing
1132	agency or is employed by the division.
1133	(2)  QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.--
1134	(a)  In addition to the compensation now paid by an
1135	employing agency to a any firefighter II, every career
1136	firefighter shall be paid supplemental compensation by the
1137	employing agency when such firefighter has complied with one of
1138	the following criteria:
1139	1.  Any firefighter II who receives an associate degree
1140	from an accredited a college, which degree is applicable to fire
1141	department duties, as outlined in policy guidelines of the
1142	division, shall be additionally compensated as outlined in
1143	paragraph (3)(a).
1144	2.  Any firefighter II, regardless of whether or not she or
1145	he earned an associate degree earlier, who receives from an
1146	accredited college or university a bachelor's degree, which
1147	bachelor's degree is applicable to fire department duties, as
1148	outlined in policy guidelines of the division, shall receive
1149	compensation as outlined in paragraph (3)(b).
1150	3.  Any firefighter II who receives from an accredited
1151	college or university a master's degree, which master's degree
1152	is applicable to fire department duties, as outlined in policy
1153	guidelines of the division, shall receive compensation as
1154	outlined in paragraph (3)(c).
1155	(b)  Whenever any question arises as to the eligibility of
1156	any firefighter to receive supplemental compensation as provided
1157	in this section, the question, together with all facts relating
1158	thereto, shall be submitted to the division for determination,
1159	and the decision of the division with regard to determination of
1160	eligibility shall be final, subject to the provisions of chapter
1161	120.
1162	(3)  SUPPLEMENTAL COMPENSATION.--Supplemental compensation
1163	shall be determined as follows:
1164	(a)  Fifty dollars shall be paid monthly to each
1165	firefighter who qualifies under the provisions of subparagraph
1166	(2)(a)1.
1167	(b)  One hundred and ten dollars shall be paid monthly to
1168	each firefighter who qualifies under the provisions of
1169	subparagraph (2)(a)2.
1170	(c)  One hundred and fifty dollars shall be paid monthly to
1171	each firefighter who qualifies under subparagraph (2)(a)3.
1172	Section 22.  Subsection (3) is added to section 633.524,
1173	Florida Statutes, to read:
1174	633.524  Certificate and permit fees; use and deposit of
1175	collected funds.--
1176	(3)  The State Fire Marshal may enter into a contract with
1177	any qualified public entity or private company in accordance
1178	with chapter 287 to provide examinations for any applicant for
1179	any examination administered under the jurisdiction of the State
1180	Fire Marshal under this chapter or any other chapter under the
1181	jurisdiction of the State Fire Marshal. The State Fire Marshal
1182	may have payments from each applicant for each examination made
1183	directly to such public entity or private company.
1184	Section 23.  Subsections (1) and (4) of section 633.541,
1185	Florida Statutes, are amended to read:
1186	633.541  Contracting without certificate prohibited;
1187	violations; penalty.--
1188	(1)  It is unlawful for any organization or individual to
1189	engage in, or to engage in the business of, the layout,
1190	fabrication, installation, inspection, alteration, repair, or
1191	service of a fire protection system, other than a preengineered
1192	system, act in the capacity of a fire protection contractor, or
1193	advertise itself as being a fire protection contractor without
1194	having been duly certified and holding a valid and existing
1195	certificate, except as hereinafter provided. The holder of a
1196	certificate used to qualify an organization must be a full-time
1197	employee of the qualified organization or business. A
1198	certificateholder who is employed by more than one fire
1199	protection contractor during the same period of time is deemed
1200	not to be a full-time employee of either contractor. The State
1201	Fire Marshal shall revoke, for a period of time determined by
1202	the State Fire Marshal, the certificate of a certificateholder
1203	who allows the use of the certificate to qualify a company of
1204	which the certificateholder is not a full-time employee. A
1205	contractor who maintains more than one place of business must
1206	employ a certificateholder at each location. Nothing in this
1207	subsection prohibits an employee acting on behalf of
1208	governmental entities from inspecting and enforcing firesafety
1209	codes, provided such employee is certified under s. 633.081, or
1210	an owner of a one or two family dwelling from inspecting or
1211	maintaining the fire protection system for his or her own house.
1212	(4)  In addition to the penalties provided in subsection
1213	(3), a fire protection contractor certified under this chapter
1214	who violates any provision of this chapter section or who
1215	commits any act constituting cause for disciplinary action is
1216	subject to suspension or revocation of the certificate and
1217	administrative fines pursuant to s. 633.547.
1218	Section 24.  Section 633.811, Florida Statutes, is amended
1219	to read:
1220	633.811  Firefighter employer penalties.--If any
1221	firefighter employer violates or fails or refuses to comply with
1222	ss. 633.801-633.821, or with any rule adopted by the division
1223	under such sections in accordance with chapter 120 for the
1224	prevention of injuries, accidents, or occupational diseases or
1225	with any lawful order of the division in connection with ss.
1226	633.801-633.821, or fails or refuses to furnish or adopt any
1227	safety device, safeguard, or other means of protection
1228	prescribed by division rule under ss. 633.801-633.821 for the
1229	prevention of accidents or occupational diseases, the division
1230	may issue an administrative cease and desist order, enforceable
1231	in the circuit court in the jurisdiction where the violation is
1232	occurring or has occurred, and assess an administrative fine
1233	against a firefighter employer of not less than $100 nor more
1234	than $1,000 for each violation and each day of each violation.
1235	The administrative penalty assessment shall be subject to the
1236	provisions of chapter 120. The division may also assess against
1237	the firefighter employer a civil penalty of not less than $100
1238	nor more than $5,000 for each day the violation, omission,
1239	failure, or refusal continues after the firefighter employer has
1240	been given written notice of such violation, omission, failure,
1241	or refusal. The total penalty for each violation shall not
1242	exceed $50,000. The division shall adopt rules requiring
1243	penalties commensurate with the frequency or severity of safety
1244	violations. A hearing shall be held in the county in which the
1245	violation, omission, failure, or refusal is alleged to have
1246	occurred, unless otherwise agreed to by the firefighter employer
1247	and authorized by the division. All penalties assessed and
1248	collected under this section shall be deposited in the Insurance
1249	Regulatory Trust Fund.
1250	Section 25.  Subsection (3) of section 633.821, Florida
1251	Statutes, is amended to read:
1252	633.821  Workplace safety.--
1253	(3)  With respect to 29 C.F.R. s. 1910.134(g)(4), the two
1254	individuals located outside the immediately dangerous to life
1255	and health atmosphere may be assigned to an additional role,
1256	such as incident commander, pumper operator, engineer, or
1257	driver, so long as such individual is able to immediately
1258	perform assistance or rescue activities without jeopardizing the
1259	safety or health of any firefighter working at an incident. Also
1260	with respect to 29 C.F.R. s. 1910.134(g)(4):
1261	(a)  Each county, municipality, and special district shall
1262	implement such provision by April 1, 2002, except as provided in
1263	paragraphs (b) and (c).
1264	(b)  If any county, municipality, or special district is
1265	unable to implement such provision by April 1, 2002, without
1266	adding additional personnel to its firefighting staff or
1267	expending significant additional funds, such county,
1268	municipality, or special district shall have an additional 6
1269	months within which to implement such provision. Such county,
1270	municipality, or special district shall notify the division that
1271	the 6-month extension to implement such provision is in effect
1272	in such county, municipality, or special district within 30 days
1273	after its decision to extend the time for the additional 6
1274	months. The decision to extend the time for implementation shall
1275	be made prior to April 1, 2002.
1276	(c)  If, after the extension granted in paragraph (b), the
1277	county, municipality, or special district, after having worked
1278	with and cooperated fully with the division and the Firefighters
1279	Employment, Standards, and Training Council, is still unable to
1280	implement such provisions without adding additional personnel to
1281	its firefighting staff or expending significant additional
1282	funds, such municipality, county, or special district shall be
1283	exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
1284	However, each year thereafter the division shall review each
1285	such county, municipality, or special district to determine if
1286	such county, municipality, or special district has the ability
1287	to implement such provision without adding additional personnel
1288	to its firefighting staff or expending significant additional
1289	funds. If the division determines that any county, municipality,
1290	or special district has the ability to implement such provision
1291	without adding additional personnel to its firefighting staff or
1292	expending significant additional funds, the division shall
1293	require such county, municipality, or special district to
1294	implement such provision. Such requirement by the division under
1295	this paragraph constitutes final agency action subject to
1296	chapter 120.
1297	Section 26.  Section 1013.12, Florida Statutes, is amended
1298	to read:
1299	1013.12  Casualty, safety, sanitation, and firesafety
1300	standards and inspection of property.--
1301	(1)  FIRESAFETY.--The State Board of Education shall adopt
1302	and administer rules prescribing standards for the safety and
1303	health of occupants of educational and ancillary plants as a
1304	part of State Requirements for Educational Facilities or the
1305	Florida Building Code for educational facilities construction as
1306	provided in s. 1013.37, except that the State Fire Marshal in
1307	consultation with the Department of Education shall adopt
1308	uniform firesafety standards for educational and ancillary
1309	plants and educational facilities, as provided in s.
1310	633.022(1)(b), and a firesafety evaluation system to be used as
1311	an alternate firesafety inspection standard for existing
1312	educational and ancillary plants and educational facilities. The
1313	uniform firesafety standards and the alternate firesafety
1314	evaluation system shall be administered and enforced by local
1315	fire officials. These standards must be used by all public
1316	agencies when inspecting public educational and ancillary
1317	plants, and the firesafety standards must be used by local fire
1318	officials when performing firesafety inspections of public
1319	educational and ancillary plants and educational facilities. In
1320	accordance with such standards, each board shall prescribe
1321	policies and procedures establishing a comprehensive program of
1322	safety and sanitation for the protection of occupants of public
1323	educational and ancillary plants. Such policies must contain
1324	procedures for periodic inspections as prescribed in this
1325	section and for withdrawal of any educational and ancillary
1326	plant, or portion thereof, from use until unsafe or unsanitary
1327	conditions are corrected or removed.
1328	(2)  PERIODIC INSPECTION OF PROPERTY BY DISTRICT SCHOOL
1329	BOARDS.--
1330	(a)  Each board shall provide for periodic inspection,
1331	other than firesafety inspection, of each educational and
1332	ancillary plant at least once during each fiscal year to
1333	determine compliance with standards of sanitation and casualty
1334	safety prescribed in the rules of the State Board of Education.
1335	(b)  Firesafety inspections of each educational and
1336	ancillary plant must be made annually by persons certified by
1337	the Division of State Fire Marshal to be eligible to conduct
1338	firesafety inspections in public educational and ancillary
1339	plants. The board shall submit a copy of the firesafety
1340	inspection report to the State Fire Marshal and, if there is a
1341	local fire official who conducts firesafety inspections, to the
1342	local fire official.
1343	(c)  In each firesafety inspection report, the board shall
1344	include a plan of action and a schedule for the correction of
1345	each deficiency which have been formulated in consultation with
1346	the local fire control authority. If immediate life-threatening
1347	deficiencies are noted in any inspection, the board shall either
1348	take action to promptly correct the deficiencies or withdraw the
1349	educational or ancillary plant from use until such time as the
1350	deficiencies are corrected.
1351	(3)  INSPECTION OF EDUCATIONAL PROPERTY BY OTHER PUBLIC
1352	AGENCIES.--
1353	(a)  A safety or sanitation inspection of any educational
1354	or ancillary plant may be made at any time by the Department of
1355	Education or any other state or local agency authorized or
1356	required to conduct such inspections by either general or
1357	special law. Each agency conducting inspections shall use the
1358	standards adopted by the Commissioner of Education in lieu of,
1359	and to the exclusion of, any other inspection standards
1360	prescribed either by statute or administrative rule. The agency
1361	shall submit a copy of the inspection report to the board.
1362	(b)  One firesafety inspection of each educational or
1363	ancillary plant must be conducted each fiscal year by the
1364	county, municipality, or special fire control district in which
1365	the plant is located using the standards adopted by the State
1366	Fire Marshal. The board shall cooperate with the inspecting
1367	authority when a firesafety inspection is made by a governmental
1368	authority under this paragraph.
1369	(c)  In each firesafety inspection report, the local fire
1370	official in conjunction with the board shall include a plan of
1371	action and a schedule for the correction of each deficiency. If
1372	immediate life-threatening deficiencies are noted in any
1373	inspection, the local fire official shall either take action to
1374	require the board to promptly correct the deficiencies or
1375	withdraw the educational facility from use until the
1376	deficiencies are corrected, subject to review by the State Fire
1377	Marshal who shall act within 10 days to ensure that the
1378	deficiencies are corrected or withdraw the facility from use.
1379	(4)  CORRECTIVE ACTION; DEFICIENCIES OTHER THAN FIRESAFETY
1380	DEFICIENCIES.--Upon failure of the board to take corrective
1381	action within a reasonable time, the agency making the
1382	inspection, other than a local fire official, may request the
1383	commissioner to:
1384	(a)  Order that appropriate action be taken to correct all
1385	deficiencies in accordance with a schedule determined jointly by
1386	the inspecting authority and the board; in developing the
1387	schedule, consideration must be given to the seriousness of the
1388	deficiencies and the ability of the board to obtain the
1389	necessary funds; or
1390	(b)  After 30 calendar days' notice to the board, order all
1391	or a portion of the educational or ancillary plant withdrawn
1392	from use until the deficiencies are corrected.
1393	(5)  INSPECTIONS OF PUBLIC POSTSECONDARY EDUCATION
1394	FACILITIES.--
1395	(a)  Firesafety inspections of community college facilities
1396	shall comply with State Board of Education rules.
1397	(b)  Firesafety inspections of state universities shall
1398	comply with rules of the Board of Governors.
1399	(6)  CORRECTIVE ACTION; FIRESAFETY DEFICIENCIES.--Upon
1400	failure of the board to take corrective action within the time
1401	designated in the plan of action to correct any firesafety
1402	deficiency noted under paragraph (2)(c) or paragraph (3)(c), the
1403	local fire official shall immediately report the deficiency to
1404	the State Fire Marshal, who shall have enforcement authority
1405	with respect to educational and ancillary plants and educational
1406	facilities as provided in chapter 633 for any other building or
1407	structure.
1408	(7)  ADDITIONAL STANDARDS.--In addition to any other rules
1409	adopted under this section or s. 633.022, the State Fire Marshal
1410	in consultation with the Department of Education shall adopt and
1411	administer rules prescribing the following standards for the
1412	safety and health of occupants of educational and ancillary
1413	plants:
1414	(a)  The designation of serious life-safety hazards,
1415	including, but not limited to, nonfunctional fire alarm systems,
1416	nonfunctional fire sprinkler systems, doors with padlocks or
1417	other locks or devices that preclude egress at any time,
1418	inadequate exits, hazardous electrical system conditions,
1419	potential structural failure, and storage conditions that create
1420	a fire hazard.
1421	(b)  The proper placement of functional smoke and heat
1422	detectors and accessible, unexpired fire extinguishers.
1423	(c)  The maintenance of fire doors without doorstops or
1424	wedges improperly holding them open.
1425	(5)(8)  ANNUAL REPORT.--The State Fire Marshal shall
1426	publish an annual report to be filed with the substantive
1427	committees of the state House of Representatives and Senate
1428	having jurisdiction over education, the Commissioner of
1429	Education or his or her successor, the State Board of Education,
1430	the Board of Governors, and the Governor documenting the status
1431	of each board's firesafety program, including the improvement or
1432	lack thereof.
1433	Section 27.  Paragraph (e) of subsection (1) of section
1434	218.23, Florida Statutes, is amended to read:
1435	218.23  Revenue sharing with units of local government.--
1436	(1)  To be eligible to participate in revenue sharing
1437	beyond the minimum entitlement in any fiscal year, a unit of
1438	local government is required to have:
1439	(e)  Certified that persons in its employ as firefighters,
1440	as defined in s. 633.30(1), meet the qualification for
1441	employment as established by the Division of State Fire Marshal
1442	pursuant to the provisions of ss. 633.34 and 633.35 and that the
1443	provisions of s. 633.382 have been met.
1444
1445	Additionally, to receive its share of revenue sharing funds, a
1446	unit of local government shall certify to the Department of
1447	Revenue that the requirements of s. 200.065, if applicable, were
1448	met. The certification shall be made annually within 30 days of
1449	adoption of an ordinance or resolution establishing a final
1450	property tax levy or, if no property tax is levied, not later
1451	than November 1. The portion of revenue sharing funds which,
1452	pursuant to this part, would otherwise be distributed to a unit
1453	of local government which has not certified compliance or has
1454	otherwise failed to meet the requirements of s. 200.065 shall be
1455	deposited in the General Revenue Fund for the 12 months
1456	following a determination of noncompliance by the department.
1457	Section 28.  Paragraph (b) of subsection (4) of section
1458	447.203, Florida Statutes, is amended to read:
1459	447.203  Definitions.--As used in this part:
1460	(4)  "Managerial employees" are those employees who:
1461	(b)  Serve as police chiefs, fire chiefs, or directors of
1462	public safety of any police, fire, or public safety department.
1463	Other police officers, as defined in s. 943.10(1), and
1464	firefighters, as defined in s. 633.30(1), may be determined by
1465	the commission to be managerial employees of such departments.
1466	In making such determinations, the commission shall consider, in
1467	addition to the criteria established in paragraph (a), the
1468	paramilitary organizational structure of the department
1469	involved.
1470
1471	However, in determining whether an individual is a managerial
1472	employee pursuant to either paragraph (a) or paragraph (b),
1473	above, the commission may consider historic relationships of the
1474	employee to the public employer and to coemployees.
1475	Section 29.  Section 633.14, Florida Statutes, is repealed.
1476	Section 30.  This act shall take effect July 1, 2008.

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