Florida Senate - 2009                             CS for SB 1606
       
       
       
       By the Committee on Banking and Insurance; and Senators Aronberg
       and Baker
       
       
       
       597-04178-09                                          20091606c1
    1                        A bill to be entitled                      
    2         An act relating to fire prevention and control;
    3         amending ss. 218.23 and 447.203, F.S.; clarifying
    4         provisions to reflect changes made by the act;
    5         amending s. 553.895, F.S.; revising outdated
    6         publication references; amending s. 633.02, F.S.;
    7         providing the correct name for the State Fire Marshal;
    8         amending s. 633.021, F.S.; limiting the definition of
    9         “contractor IV” to contractors whose business relates
   10         to the servicing of certain occupancies; including and
   11         excluding certain components and equipment from the
   12         definition of the term “preengineered system”;
   13         amending s. 633.0215, F.S.; providing guidelines
   14         according to which the Department of Financial
   15         Services must issue an expedited declaratory statement
   16         relating to interpretations of provisions of the
   17         Florida Fire Prevention Code; amending s. 633.025,
   18         F.S.; providing requirements for firesafety plans and
   19         inspections for manufactured buildings; amending s.
   20         633.026, F.S.; providing legislative intent; providing
   21         requirements for members of the Fire Code
   22         Interpretation Committee; requiring that each
   23         nonbinding interpretation of code applications be
   24         provided within a specified period after receipt;
   25         providing for waiver of such requirement under certain
   26         conditions; requiring that the department charge a fee
   27         for nonbinding interpretations; limiting the amount of
   28         such fee; providing for payments of such fees;
   29         requiring that the department adopt a form for a
   30         petition for nonbinding interpretation; providing
   31         requirements for such form; providing procedures for
   32         review of a petition; providing deadlines for the
   33         issuance of a nonbinding interpretation after receipt
   34         of a petition; providing procedures for the
   35         dissemination of such interpretations; amending s.
   36         633.03, F.S.; expanding application of authority of
   37         the State Fire Marshal to investigate fires to include
   38         explosions; amending s. 633.061, F.S.; providing
   39         requirements for the renewal of a license to install
   40         or maintain fire suppression equipment; deleting
   41         provisions relating to retaking the examination for
   42         licensure; providing requirements for an applicant who
   43         passes the examination but does not meet the remaining
   44         qualifications within a specified period; amending s.
   45         633.071, F.S.; authorizing the State Fire Marshal to
   46         adopt certain specifications by rule; amending s.
   47         633.081, F.S.; authorizing the State Fire Marshal to
   48         inspect buildings or structures for certain
   49         violations; providing exceptions to the types of
   50         inspections that must be conducted by certain
   51         firesafety inspectors; abolishing special state
   52         firesafety inspector classifications; providing for
   53         certification as a firesafety inspector; providing
   54         application and examination requirements; authorizing
   55         the State Fire Marshal to develop an advanced training
   56         and certification program for firesafety inspectors;
   57         requiring that the Division of State Fire Marshal
   58         enter into a reciprocity agreement with the Florida
   59         Building Code Administrators and Inspectors Board for
   60         purposes of continuing education recertification;
   61         amending s. 633.082, F.S.; providing for the
   62         inspection of certain alarm systems and fire hydrants;
   63         requiring that the owner of certain structures replace
   64         certain fire sprinkler heads; amending s. 633.085,
   65         F.S.; revising requirements for the State Fire Marshal
   66         to inspect state buildings; amending s. 633.121, F.S.;
   67         expanding the list of eligible persons authorized to
   68         enforce laws and rules of the State Fire Marshal;
   69         amending s. 633.13, F.S.; revising a provision
   70         relating to the authority of agents of the State Fire
   71         Marshal; amending s. 633.14, F.S.; revising powers
   72         regarding arrests, searches, and the carrying of
   73         firearms by State Fire Marshal agents; providing that
   74         it is unlawful to resist or interfere with an arrest
   75         by an agent of the State Fire Marshal; amending s.
   76         633.161, F.S.; expanding the list of violations for
   77         which the State Fire Marshal may issue certain
   78         enforcement orders; providing criminal penalties for
   79         failure to comply with such orders; amending s.
   80         633.171, F.S.; conforming a provision; amending s.
   81         633.175, F.S.; specifying additional powers granted to
   82         the State Fire Marshal; amending s. 633.18, F.S.;
   83         revising a provision relating to the conduct of
   84         inquiries or investigations by agents of the State
   85         Fire Marshal; amending s. 633.30, F.S.; revising and
   86         providing definitions; amending s. 633.34, F.S.;
   87         revising requirements for qualification for employment
   88         or training as a firefighter; amending s. 633.35,
   89         F.S.; revising requirements for firefighter training
   90         and certification; requiring that the division adopt
   91         rules; amending s. 633.351, F.S.; revising provisions
   92         governing disciplinary actions for firefighters;
   93         revising standards for revocation of firefighter
   94         certifications; amending s. 633.352, F.S.; revising
   95         requirements for retention of firefighter
   96         certification; amending s. 633.382, F.S.; expanding
   97         the definition of the term “firefighter”; revising
   98         provisions regarding required supplemental
   99         compensation for firefighters; amending s. 633.521,
  100         F.S.; providing requirements for an applicant who
  101         passes the examination but does not meet the remaining
  102         qualifications within a specified period; providing
  103         prerequisites to taking an examination for certain
  104         certifications; revising legislative intent; amending
  105         s. 633.524, F.S.; authorizing the State Fire Marshal
  106         to contract to provide certain examinations; amending
  107         s. 633.537, F.S.; providing continuing education
  108         requirements for certain certificateholders; amending
  109         s. 633.541, F.S.; expanding an exclusion from
  110         application of a prohibition against contracting
  111         without certification for certain homeowners; amending
  112         s. 633.72, F.S.; extending the maximum term of
  113         membership on the Fire Code Advisory Council; amending
  114         s. 633.811, F.S.; expanding the authority of the
  115         division to enforce provisions of law and rules
  116         applicable to employers; authorizing assessment of
  117         administrative fines and issuance of orders to cease
  118         and desist; amending s. 633.821, F.S.; deleting
  119         certain obsolete provisions requiring counties,
  120         municipalities, and special districts to implement
  121         certain provisions of federal law; providing effective
  122         dates.
  123  
  124  Be It Enacted by the Legislature of the State of Florida:
  125  
  126         Section 1. Paragraph (e) of subsection (1) of section
  127  218.23, Florida Statutes, is amended to read:
  128         218.23 Revenue sharing with units of local government.—
  129         (1) To be eligible to participate in revenue sharing beyond
  130  the minimum entitlement in any fiscal year, a unit of local
  131  government is required to have:
  132         (e) Certified that persons in its employ as career
  133  firefighters, as defined in s. 633.30(1), meet the qualification
  134  for employment as established by the Division of State Fire
  135  Marshal pursuant to the provisions of ss. 633.34 and 633.35 and
  136  that the provisions of s. 633.382 have been met.
  137  
  138  Additionally, to receive its share of revenue sharing funds, a
  139  unit of local government shall certify to the Department of
  140  Revenue that the requirements of s. 200.065, if applicable, were
  141  met. The certification shall be made annually within 30 days of
  142  adoption of an ordinance or resolution establishing a final
  143  property tax levy or, if no property tax is levied, not later
  144  than November 1. The portion of revenue sharing funds which,
  145  pursuant to this part, would otherwise be distributed to a unit
  146  of local government which has not certified compliance or has
  147  otherwise failed to meet the requirements of s. 200.065 shall be
  148  deposited in the General Revenue Fund for the 12 months
  149  following a determination of noncompliance by the department.
  150         Section 2. Paragraph (b) of subsection (4) of section
  151  447.203, Florida Statutes, is amended to read:
  152         447.203 Definitions.—As used in this part:
  153         (4) “Managerial employees” are those employees who:
  154         (b) Serve as police chiefs, fire chiefs, or directors of
  155  public safety of any police, fire, or public safety department.
  156  Other police officers, as defined in s. 943.10(1), and career
  157  firefighters, as defined in s. 633.30(1), may be determined by
  158  the commission to be managerial employees of such departments.
  159  In making such determinations, the commission shall consider, in
  160  addition to the criteria established in paragraph (a), the
  161  paramilitary organizational structure of the department
  162  involved.
  163  
  164  However, in determining whether an individual is a managerial
  165  employee pursuant to either paragraph (a) or paragraph (b),
  166  above, the commission may consider historic relationships of the
  167  employee to the public employer and to coemployees.
  168         Section 3. Subsection (1) of section 553.895, Florida
  169  Statutes, is amended to read:
  170         553.895 Firesafety.—
  171         (1) Any transient public lodging establishment, as defined
  172  in chapter 509 and used primarily for transient occupancy as
  173  defined in s. 83.43(10), or any timeshare unit of a timeshare
  174  plan as defined in chapters 718 and 721, which is of three
  175  stories or more and for which the construction contract has been
  176  let after September 30, 1983, with interior corridors which do
  177  not have direct access from the guest area to exterior means of
  178  egress and on buildings over 75 feet in height that have direct
  179  access from the guest area to exterior means of egress and for
  180  which the construction contract has been let after September 30,
  181  1983, shall be equipped with an automatic sprinkler system
  182  installed in compliance with the current edition of the
  183  applicable fire sprinkler standards adopted by the State Fire
  184  Marshal. the provisions prescribed in the National Fire
  185  Protection Association publication NFPA No. 13 (1985),
  186  “Standards for the Installation of Sprinkler Systems.” Each
  187  guest room and each timeshare unit shall be equipped with an
  188  approved listed single-station smoke detector meeting the
  189  minimum requirements of NFPA 72, “National Fire Alarm Code,” the
  190  current edition adopted by the State Fire Marshal, 74 (1984)
  191  “Standards for the Installation, Maintenance and Use of
  192  Household Fire Warning Equipment,” powered from the building
  193  electrical service, notwithstanding the number of stories in the
  194  structure, if the contract for construction is let after
  195  September 30, 1983. Single-station smoke detectors shall not be
  196  required when guest rooms or timeshare units contain smoke
  197  detectors connected to a central alarm system which also alarms
  198  locally.
  199         Section 4. Section 633.02, Florida Statutes, is amended to
  200  read:
  201         633.02 Agents; powers and duties; compensation.—The State
  202  Fire Marshal shall appoint such agents as may be necessary to
  203  carry out effectively the provisions of this chapter, who shall
  204  be reimbursed for travel expenses as provided in s. 112.061, in
  205  addition to their salary, when traveling or making
  206  investigations in the performance of their duties. Such agents
  207  shall be at all times under the direction and control of the
  208  State Fire Marshal, who shall fix their compensation, and all
  209  orders shall be issued in the State Fire Marshal’s fire
  210  marshal’s name and by her or his authority.
  211         Section 5. Paragraph (d) of subsection (5), subsection (9),
  212  and paragraph (e) of subsection (20) of section 633.021, Florida
  213  Statutes, are amended to read:
  214         (5)
  215         (d) “Contractor IV” means a contractor whose business is
  216  limited to the execution of contracts requiring the ability to
  217  lay out, fabricate, install, inspect, alter, repair, and service
  218  automatic fire sprinkler systems for occupancies protected
  219  within the scope of NFPA 13D, which provides standards for the
  220  installation of sprinkler systems in one-family and two-family
  221  dwellings and manufactured homes detached one-family dwellings,
  222  detached two-family dwellings, and mobile homes, excluding
  223  preengineered systems and excluding single-family homes in
  224  cluster units, such as apartments, condominiums, and assisted
  225  living facilities or any building that is connected to other
  226  dwellings.
  227         (9) A “fire protection system” is a system individually
  228  designed to protect the interior or exterior of a specific
  229  building or buildings, structure, or other special hazard from
  230  fire. Such systems include, but are not limited to, water
  231  sprinkler systems, water spray systems, foam-water sprinkler
  232  systems, foam-water spray systems, CO2 systems, foam
  233  extinguishing systems, dry chemical systems, and Halon and other
  234  chemical systems used for fire protection use. Such systems also
  235  include any overhead and underground fire mains, fire hydrants
  236  and hydrant mains, standpipes and hoses connected to sprinkler
  237  systems, sprinkler tank heaters, air lines, thermal systems used
  238  in connection with fire sprinkler systems, and tanks and pumps
  239  connected to fire sprinkler systems.
  240         (20) A “preengineered system” is a fire-suppression system
  241  which:
  242         (e) Must be listed by a nationally recognized testing
  243  laboratory. Preengineered systems may incorporate special
  244  nozzles, flow rates, methods of application, pressurization
  245  levels, and quantities of agents designed by the manufacturer
  246  for specific hazards. Preengineered systems consist of
  247  components providing fire-suppression protection but do not
  248  include the ventilation or other equipment in which they are
  249  installed.
  250         Section 6. Subsection (13) is added to section 633.0215,
  251  Florida Statutes, to read:
  252         633.0215 Florida Fire Prevention Code.—
  253         (13)The department shall issue an expedited declaratory
  254  statement relating to interpretations of provisions of the
  255  Florida Fire Prevention Code according to the following
  256  guidelines:
  257         (a)The declaratory statement shall be rendered in
  258  accordance with s. 120.565, except that:
  259         1.Receipt by the department of a petition need not be
  260  published in the Florida Administrative Weekly; and
  261         2.A final decision shall be issued by the department
  262  within 45 days after the department’s receipt of a petition.
  263         (b)The petitioner must be the owner or representative of
  264  the owner of the disputed project.
  265         (c)The petition must be:
  266         1.Related to an active project that is under construction
  267  or have been submitted for permit;
  268         2.The subject of a written notice citing a specific
  269  provision of the Florida Fire Prevention Code which is in
  270  dispute; and
  271         3.Limited to a single question capable of being answered
  272  with a response of “yes” or “no.”
  273  
  274  Any petition that does not meet all of the requirements of this
  275  subsection must be denied without prejudice.
  276         Section 7. Subsection (11) is added to section 633.025,
  277  Florida Statutes, to read:
  278         633.025 Minimum firesafety standards.—
  279         (11)(a)Except for one-family and two-family dwellings,
  280  which are exempt from plan review and inspection pursuant to
  281  subsection (9), the plans for the construction and inspections
  282  of manufactured buildings may be completed at the point of
  283  manufacture if:
  284         1.The person reviewing the plans and inspecting the
  285  manufactured or prototype building is made by an individual
  286  currently certified as a firesafety inspector under s.
  287  633.081(2); and
  288         2.The manufacturer’s modular data plate, stating that the
  289  building is in compliance with chapter 633 and the rules of the
  290  department, has been affixed to the building.
  291         (b)The local fire official shall recognize and approve
  292  such manufactured building, subject to local fire code
  293  amendments, approved performance testing of life safety systems,
  294  and site conditions. The cost of any additional work necessary
  295  to meet firesafety requirements, if any, shall be borne by the
  296  manufacturer. The department may adopt rules to administer this
  297  subsection.
  298         Section 8. Section 633.026, Florida Statutes, is amended to
  299  read:
  300         633.026 Informal interpretations of the Florida Fire
  301  Prevention Code.—It is the intent of the Legislature that the
  302  Florida Fire Prevention Code be interpreted by fire officials
  303  and local enforcement agencies in a manner that protects the
  304  public safety, health, and welfare by ensuring uniform
  305  interpretations of the Florida Fire Prevention Code throughout
  306  this state and by providing processes for resolving disputes
  307  regarding such interpretations which are just and expeditious.
  308  It is the intent of the Legislature that such processes provide
  309  for the expeditious resolution of the issues presented and that
  310  the resulting interpretation of such issues be published on the
  311  website of the Division of State Fire Marshal.
  312         (1) The Division of State Fire Marshal shall by rule
  313  establish an informal process of rendering nonbinding
  314  interpretations of the Florida Fire Prevention Code. The
  315  Division of State Fire Marshal may contract with and refer
  316  interpretive issues to a nonprofit organization that has
  317  experience in interpreting and enforcing the Florida Fire
  318  Prevention Code. The Division of State Fire Marshal shall
  319  immediately implement the process prior to the completion of
  320  formal rulemaking. It is the intent of the Legislature that the
  321  Division of State Fire Marshal establish create a Fire Code
  322  Interpretation Committee composed of seven persons and seven
  323  alternates equally representing each area of the state process
  324  to refer questions to a small group of individuals certified
  325  under s. 633.081(2), to which a party can pose questions
  326  regarding the interpretation of code provisions of the Florida
  327  Fire Prevention Code.
  328         (2)The designated seven members and seven alternates
  329  members of the Fire Code Interpretation Committee must be
  330  certified as a firesafety inspector pursuant under s. 633.081(2)
  331  and must have a minimum of 5 years of experience interpreting
  332  and enforcing provisions of the Florida Fire Prevention Code and
  333  Life Safety Codes. Each member must be approved by the division
  334  and deemed by the division to have met these requirements at
  335  least 30 days before participating in a review of a nonbinding
  336  interpretation. It is the intent of the Legislature that the
  337  process provide for the expeditious resolution of the issues
  338  presented and publication of the resulting interpretation on the
  339  website of the Division of State Fire Marshal. It is the intent
  340  of the Legislature that this program be similar to the program
  341  established by the Florida Building Commission in s.
  342  553.775(3)(g).
  343         (3)Each nonbinding interpretation of code applications
  344  shall be provided within 10 business days after receipt. The
  345  period set forth in this subsection may be waived only upon the
  346  written consent of both parties. Nonbinding Such interpretations
  347  shall be advisory only and nonbinding on the parties or the
  348  State Fire Marshal.
  349         (4) In order to administer this section, the department
  350  shall charge may adopt by rule and impose a fee for nonbinding
  351  interpretations, with payment made directly to the third party.
  352  The fee may not exceed $150 for each request for a review or
  353  interpretation. The department may authorize payment of fees
  354  directly to the nonprofit organization selected pursuant to
  355  subsection (1).
  356         (5)Any party to the interpretation in disagreement with
  357  the interpretation issued in accordance with this section may
  358  apply for a formal interpretation from the department as
  359  provided in s. 633.01(6).
  360         (6) Upon written application by an owner, contractor, or
  361  fire official, the department shall issue or cause to be issued
  362  a nonbinding interpretation of the Florida Fire Prevention Code
  363  as prescribed in this section The department shall adopt a form
  364  for the petition, which shall be published on the State Fire
  365  Marshal’s website. The form shall, at a minimum, require the
  366  following:
  367         (a) The name and address of the local fire official
  368  including the agency address of the county, municipality, or
  369  special district.
  370         (b) The name and agency address of the owner, contractor,
  371  and the owner’s or contractor’s representative, if any.
  372         (c) A statement of the specific sections of the Florida
  373  Fire Prevention Code being interpreted by the local fire
  374  official.
  375         (d)An explanation of how the petitioner’s substantial
  376  interests are being affected by the local interpretation of the
  377  Florida Fire Prevention Code.
  378         (e) A statement of the interpretation of the specific
  379  sections of the Florida Fire Prevention Code by the local fire
  380  official.
  381         (f) A statement of the interpretation that the petitioner
  382  contends should be given to the specific sections of the Florida
  383  Fire Prevention Code and a statement supporting the petitioner’s
  384  interpretation.
  385         (7) Upon receipt of a petition meeting the requirements of
  386  paragraph (6), the department shall immediately provide copies
  387  of the petition to the Fire Code Interpretation Committee, and
  388  publish the petition and any response submitted by the local
  389  fire official on the State Fire Marshal’s website.
  390         (8) The panel shall conduct proceedings as necessary to
  391  resolve the issues and give due regard to the petition, the
  392  facts of the matter at issue, specific code sections cited, and
  393  any statutory implications affecting the Florida Fire Prevention
  394  Code. The panel shall issue an interpretation regarding the
  395  provisions of the Florida Fire Prevention Code within 10 days
  396  after the filing of a nonbinding petition. The panel shall
  397  render a determination based upon the Florida Fire Prevention
  398  Code or, if the code is ambiguous, the intent of the code. The
  399  panel’s interpretation shall be provided to the owner,
  400  contractor, and fire official and shall include a notice that if
  401  the parties disagree with the interpretation, they may file for
  402  a formal interpretation by the department under s. 633.01(6).
  403  The panel’s interpretation shall be provided to the department,
  404  and the department shall publish the interpretation on the State
  405  Fire Marshal’s website and in Florida Administrative Weekly.
  406         Section 9. Section 633.03, Florida Statutes, is amended to
  407  read:
  408         633.03 Investigation of fire or explosion; reports.—The
  409  State Fire Marshal shall investigate the cause, origin, and
  410  circumstances of every fire or explosion occurring in this state
  411  wherein the State Fire Marshal deems an investigation is
  412  necessary and property has been damaged or destroyed where there
  413  is probable cause to believe that the fire or explosion was the
  414  result of carelessness or design. Report of all such
  415  investigations shall be made on approved forms to be furnished
  416  by the State Fire Marshal.
  417         Section 10. Subsection (3) of section 633.061, Florida
  418  Statutes, is amended to read:
  419         633.061 Fire suppression equipment; license to install or
  420  maintain.—
  421         (3)(a) Such licenses and permits shall be issued by the
  422  State Fire Marshal for 2 years beginning January 1, 2000, and
  423  each 2-year period thereafter and expiring December 31 of the
  424  second year. All licenses or permits issued will expire on
  425  December 31 of each odd-numbered year. The failure to renew a
  426  license or permit by December 31 of the second year will cause
  427  the license or permit to become inoperative. The holder of an
  428  inoperative license or permit shall not engage in any activities
  429  for which a license or permit is required by this section. A
  430  license or permit which is inoperative because of the failure to
  431  renew it shall be restored upon payment of the applicable fee
  432  plus a penalty equal to the applicable fee, if the application
  433  for renewal is filed no later than the following March 31. If
  434  the application for restoration is not made before the March
  435  31st deadline, the fee for restoration shall be equal to the
  436  original application fee and the penalty provided for herein,
  437  and, in addition, the State Fire Marshal shall require
  438  reexamination of the applicant. The fee for a license or permit
  439  issued for 1 year or less shall be prorated at 50 percent of the
  440  applicable fee for a biennial license or permit. Following the
  441  initial licensure, each licensee or permittee shall successfully
  442  complete a course or courses of continuing education for fire
  443  equipment technicians of at least 16 32 hours. A license or
  444  permit may not be renewed unless the licensee or permittee
  445  produces documentation of the completion of at least 16 hours of
  446  continuing education for fire equipment technicians during the
  447  biennial licensure period within 4 years of initial issuance of
  448  a license or permit and within each 4-year period thereafter or
  449  no such license or permit shall be renewed. A person who is both
  450  a licensee and a permittee shall be required to complete a total
  451  of 16 32 hours of continuing education during each renewal per
  452  4-year period. Each licensee shall ensure that all permittees in
  453  his or her employment meet their continuing education
  454  requirements. The State Fire Marshal shall adopt rules
  455  describing the continuing education requirements and shall have
  456  the authority upon reasonable belief, to audit a fire equipment
  457  dealer to determine compliance with continuing education
  458  requirements.
  459         (b) The forms of such licenses and permits and applications
  460  therefor shall be prescribed by the State Fire Marshal; in
  461  addition to such other information and data as that officer
  462  determines is appropriate and required for such forms, there
  463  shall be included in such forms the following matters. Each such
  464  application shall be in such form as to provide that the data
  465  and other information set forth therein shall be sworn to by the
  466  applicant or, if a corporation, by an officer thereof. An
  467  application for a permit shall include the name of the licensee
  468  employing such permittee, and the permit issued in pursuance of
  469  such application shall also set forth the name of such licensee.
  470  A permit is valid solely for use by the holder thereof in his or
  471  her employment by the licensee named in the permit.
  472         (c) A license of any class shall not be issued or renewed
  473  by the State Fire Marshal and a license of any class shall not
  474  remain operative unless:
  475         1. The applicant has submitted to the State Fire Marshal
  476  evidence of registration as a Florida corporation or evidence of
  477  compliance with s. 865.09.
  478         2. The State Fire Marshal or his or her designee has by
  479  inspection determined that the applicant possesses the equipment
  480  required for the class of license sought. The State Fire Marshal
  481  shall give an applicant a reasonable opportunity to correct any
  482  deficiencies discovered by inspection. A fee of $50, payable to
  483  the State Fire Marshal, shall be required for any subsequent
  484  reinspection.
  485         3. The applicant has submitted to the State Fire Marshal
  486  proof of insurance providing coverage for comprehensive general
  487  liability for bodily injury and property damage, products
  488  liability, completed operations, and contractual liability. The
  489  State Fire Marshal shall adopt rules providing for the amounts
  490  of such coverage, but such amounts shall not be less than
  491  $300,000 for Class A or Class D licenses, $200,000 for Class B
  492  licenses, and $100,000 for Class C licenses; and the total
  493  coverage for any class of license held in conjunction with a
  494  Class D license shall not be less than $300,000. The State Fire
  495  Marshal may, at any time after the issuance of a license or its
  496  renewal, require upon demand, and in no event more than 30 days
  497  after notice of such demand, the licensee to provide proof of
  498  insurance, on a form provided by the State Fire Marshal,
  499  containing confirmation of insurance coverage as required by
  500  this chapter. Failure, for any length of time, to provide proof
  501  of insurance coverage as required shall result in the immediate
  502  suspension of the license until proof of proper insurance is
  503  provided to the State Fire Marshal. An insurer which provides
  504  such coverage shall notify the State Fire Marshal of any change
  505  in coverage or of any termination, cancellation, or nonrenewal
  506  of any coverage.
  507         4. The applicant applies to the State Fire Marshal and
  508  successfully completes a prescribed training course offered by
  509  the State Fire College or an equivalent course approved by the
  510  State Fire Marshal. This subparagraph does not apply to any
  511  holder of or applicant for a permit under paragraph (e) (f) or
  512  to a business organization or a governmental entity seeking
  513  initial licensure or renewal of an existing license solely for
  514  the purpose of inspecting, servicing, repairing, marking,
  515  recharging, and maintaining fire extinguishers used and located
  516  on the premises of and owned by such organization or entity.
  517         5. The applicant has a current retestor identification
  518  number that is appropriate for the license for which the
  519  applicant is applying and that is listed with the United States
  520  Department of Transportation.
  521         6. The applicant has passed, with a grade of at least 70
  522  percent, a written examination testing his or her knowledge of
  523  the rules and statutes regulating the activities authorized by
  524  the license and demonstrating his or her knowledge and ability
  525  to perform those tasks in a competent, lawful, and safe manner.
  526  Such examination shall be developed and administered by the
  527  State Fire Marshal, or his or her designee in accordance with
  528  policies and procedures of the State Fire Marshal. An applicant
  529  shall pay a nonrefundable examination fee of $50 for each
  530  examination or reexamination scheduled. No reexamination shall
  531  be scheduled sooner than 30 days after any administration of an
  532  examination to an applicant. No applicant shall be permitted to
  533  take an examination for any level of license more than a total
  534  of four times during 1 year, regardless of the number of
  535  applications submitted. As a prerequisite to licensure of the
  536  applicant:
  537         a. Must be at least 18 years of age.
  538         b. Must have 4 years of proven experience as a fire
  539  equipment permittee at a level equal to or greater than the
  540  level of license applied for or have a combination of education
  541  and experience determined to be equivalent thereto by the State
  542  Fire Marshal. Having held a permit at the appropriate level for
  543  the required period constitutes the required experience.
  544         c. Must not have been convicted of, or pled nolo contendere
  545  to, any felony. If an applicant has been convicted of any such
  546  felony, the applicant must comply with s. 112.011(1)(b).
  547  
  548  This subparagraph does not apply to any holder of or applicant
  549  for a permit under paragraph (e) (f) or to a business
  550  organization or a governmental entity seeking initial licensure
  551  or renewal of an existing license solely for the purpose of
  552  inspecting, servicing, repairing, marking, recharging,
  553  hydrotesting, and maintaining fire extinguishers used and
  554  located on the premises of and owned by such organization or
  555  entity.
  556         (d) An applicant who fails the examination may take it
  557  three more times during the 1-year period after he or she
  558  originally filed an application for the examination. If the
  559  applicant fails the examination within 1 year after the
  560  application date and seeks to retake the examination, he or she
  561  must file a new application, pay the application and examination
  562  fees, and successfully complete a prescribed training course
  563  approved by the State Fire College or an equivalent course
  564  approved by the State Fire Marshal. An applicant may not submit
  565  a new application within 6 months after the date of his or her
  566  last reexamination.
  567         (d)(e) A fire equipment dealer licensed under this section
  568  may apply to upgrade the license currently held, if the licensed
  569  dealer:
  570         1. Submits an application for the license on a form in
  571  conformance with paragraph (b). The application must be
  572  accompanied by a fee as prescribed in subsection (1) for the
  573  type of license requested.
  574         2. Provides evidence of 2 years’ experience as a licensed
  575  dealer and meets such relevant educational requirements as are
  576  established by rule by the State Fire Marshal for purposes of
  577  upgrading a license.
  578         3. Meets the requirements of paragraph (c).
  579         (e)(f) No permit of any class shall be issued or renewed to
  580  a person by the State Fire Marshal, and no permit of any class
  581  shall remain operative, unless the person has:
  582         1. Submitted a nonrefundable examination fee in the amount
  583  of $50;
  584         2. Successfully completed a training course offered by the
  585  State Fire College or an equivalent course approved by the State
  586  Fire Marshal; and
  587         3. Passed, with a grade of at least 70 percent, a written
  588  examination testing his or her knowledge of the rules and
  589  statutes regulating the activities authorized by the permit and
  590  demonstrating his or her knowledge and ability to perform those
  591  tasks in a competent, lawful, and safe manner. Such examination
  592  shall be developed and administered by the State Fire Marshal in
  593  accordance with the policies and procedures of the State Fire
  594  Marshal. An examination fee shall be paid for each examination
  595  scheduled. No reexamination shall be scheduled sooner than 30
  596  days after any administration of an examination to an applicant.
  597  No applicant shall be permitted to take an examination for any
  598  level of permit more than four times during 1 year, regardless
  599  of the number of applications submitted. As a prerequisite to
  600  taking the permit examination, the applicant must be at least 16
  601  years of age.
  602         (f)(g) An applicant for a license or permit under this
  603  section who fails the examination may take it three more times
  604  during the 1-year period after he or she originally filed an
  605  application for the examination. If the applicant fails the
  606  examination within 1 year after the application date and he or
  607  she seeks to retake the examination, he or she must file a new
  608  application, pay the application and examination fees, and
  609  successfully complete a prescribed training course offered by
  610  the State Fire College or an equivalent course approved by the
  611  State Fire Marshal. The applicant may not submit a new
  612  application within 6 months after the date of his or her last
  613  reexamination. An applicant who passes the examination but does
  614  not meet the remaining qualifications as outlined by the
  615  statutes and rules within 1 year after the application date must
  616  file a new application, pay the application and examination fee,
  617  successfully complete a prescribed training course approved by
  618  the State Fire College or an equivalent course approved by the
  619  State Fire Marshal, and pass the written examination.
  620         Section 11. Subsection (3) of section 633.071, Florida
  621  Statutes is amended to read:
  622         (3) The State Fire Marshal shall adopt by rule
  623  specifications as to the method of attachment and placement,
  624  size, shape, color, information, and data contained thereon of
  625  inspection tags to be attached to all types of fire protection
  626  systems and information required on an inspection report of such
  627  an inspection.
  628         Section 12. Section 633.081, Florida Statutes, is amended
  629  to read:
  630         633.081 Inspection of buildings and equipment; orders;
  631  firesafety inspection training requirements; certification;
  632  disciplinary action.—The State Fire Marshal and her or his
  633  agents shall, at any reasonable hour, when the department has
  634  reasonable cause to believe that a violation of this chapter or
  635  s. 509.215, or a rule promulgated thereunder, or a minimum
  636  firesafety code adopted by the State Fire Marshal or a local
  637  authority, may exist, inspect any and all buildings and
  638  structures which are subject to the requirements of this chapter
  639  or s. 509.215 and rules promulgated thereunder. The authority to
  640  inspect shall extend to all equipment, vehicles, and chemicals
  641  which are located on or within the premises of any such building
  642  or structure.
  643         (1) Each county, municipality, and special district that
  644  has firesafety enforcement responsibilities shall employ or
  645  contract with a firesafety inspector. The firesafety inspector
  646  must conduct all firesafety inspections that are required by
  647  law, except as provided in subsection (4) and s. 633.082(2)(b).
  648  The governing body of a county, municipality, or special
  649  district that has firesafety enforcement responsibilities may
  650  provide a schedule of fees to pay only the costs of inspections
  651  conducted pursuant to this subsection and related administrative
  652  expenses. Two or more counties, municipalities, or special
  653  districts that have firesafety enforcement responsibilities may
  654  jointly employ or contract with a firesafety inspector.
  655         (2) Except as provided in subsection (4) and s.
  656  633.082(2)(b), every firesafety inspection conducted pursuant to
  657  state or local firesafety requirements shall be by a person
  658  certified as having met the inspection training requirements set
  659  by the State Fire Marshal. Such person shall:
  660         (a) Be a high school graduate or the equivalent as
  661  determined by the department;
  662         (b) Not have been found guilty of, or having pleaded guilty
  663  or nolo contendere to, a felony or a crime punishable by
  664  imprisonment of 1 year or more under the law of the United
  665  States, or of any state thereof, which involves moral turpitude,
  666  without regard to whether a judgment of conviction has been
  667  entered by the court having jurisdiction of such cases;
  668         (c) Have her or his fingerprints on file with the
  669  department or with an agency designated by the department;
  670         (d) Have good moral character as determined by the
  671  department;
  672         (e) Be at least 18 years of age;
  673         (f) Have satisfactorily completed the firesafety inspector
  674  certification examination as prescribed by the department; and
  675         (g)1. Have satisfactorily completed, as determined by the
  676  department, a firesafety inspector training program of not less
  677  than 200 hours established by the department and administered by
  678  agencies and institutions approved by the department for the
  679  purpose of providing basic certification training for firesafety
  680  inspectors; or
  681         2. Have received in another state training which is
  682  determined by the department to be at least equivalent to that
  683  required by the department for approved firesafety inspector
  684  education and training programs in this state.
  685         (3)(a)1.Effective July 1, 2011, the classification of
  686  special state firesafety inspector is abolished and all special
  687  state firesafety inspector certifications expire at midnight on
  688  June 30, 2011.
  689         2.Any person who is a special state firesafety inspector
  690  on June 30, 2011, and who has failed to comply with paragraph
  691  (b) or paragraph (c) may not perform any firesafety inspection
  692  required by law.
  693         3.A special state firesafety inspector certification may
  694  not be awarded after June 30, 2009.
  695         (b)1.Any person who is a special state firesafety
  696  inspector on July 1, 2009, and who has at least 5 years of
  697  experience as a special state firesafety inspector as of July 1,
  698  2009, may take the same firesafety inspection examination as
  699  provided in paragraph (2)(f) for firesafety inspectors before
  700  July 1, 2011, to be certified as a firesafety inspector as
  701  described in subsection (2).
  702         2.Upon passing the examination, the person shall be
  703  certified as a firesafety inspector as provided in subsection
  704  (2).
  705         3.Any person who fails to obtain certification under this
  706  paragraph must comply with paragraph (c) to be certified as a
  707  firesafety inspector as provided in subsection (2).
  708         (c)1.A person seeking certification as a firesafety
  709  inspector under subsection (2) must take an additional 80 hours
  710  of the courses described in paragraph (2)(g) if he or she:
  711         a.Is a special state firesafety inspector on July 1, 2009,
  712  and does not have 5 years of experience as a special state
  713  firesafety inspector as of July 1, 2009; or
  714         b.Has 5 years of experience as a special state firesafety
  715  inspector but has failed the examination described in paragraph
  716  (2)(f).
  717         2.A person who desires to take the examination after
  718  successfully completing the courses described in this paragraph
  719  must take the examination before July 1, 2011.
  720         3.Upon passing the examination, the person is certified as
  721  a firesafety inspector as provided in subsection (2).
  722         4.A person who fails the course of study or the
  723  examination described in this paragraph may not perform any
  724  firesafety inspection required by law on or after July 1, 2011.
  725  Each special state firesafety inspection which is required by
  726  law and is conducted by or on behalf of an agency of the state
  727  must be performed by an individual who has met the provision of
  728  subsection (2), except that the duration of the training program
  729  shall not exceed 120 hours of specific training for the type of
  730  property that such special state firesafety inspectors are
  731  assigned to inspect.
  732         (4) A firefighter certified pursuant to s. 633.35 may
  733  conduct firesafety inspections, under the supervision of a
  734  certified firesafety inspector, while on duty as a member of a
  735  fire department company conducting inservice firesafety
  736  inspections without being certified as a firesafety inspector,
  737  if such firefighter has satisfactorily completed an inservice
  738  fire department company inspector training program of at least
  739  24 hours’ duration as provided by rule of the department.
  740         (5) Every firesafety inspector or special state firesafety
  741  inspector certificate is valid for a period of 3 years from the
  742  date of issuance. Renewal of certification shall be subject to
  743  the affected person’s completing proper application for renewal
  744  and meeting all of the requirements for renewal as established
  745  under this chapter or by rule adopted promulgated thereunder,
  746  which shall include completion of at least 40 hours during the
  747  preceding 3-year period of continuing education as required by
  748  the rule of the department or, in lieu thereof, successful
  749  passage of an examination as established by the department.
  750         (6) The State Fire Marshal may deny, refuse to renew,
  751  suspend, or revoke the certificate of a firesafety inspector or
  752  special state firesafety inspector if it finds that any of the
  753  following grounds exist:
  754         (a) Any cause for which issuance of a certificate could
  755  have been refused had it then existed and been known to the
  756  State Fire Marshal.
  757         (b) Violation of this chapter or any rule or order of the
  758  State Fire Marshal.
  759         (c) Falsification of records relating to the certificate.
  760         (d) Having been found guilty of or having pleaded guilty or
  761  nolo contendere to a felony, whether or not a judgment of
  762  conviction has been entered.
  763         (e) Failure to meet any of the renewal requirements.
  764         (f) Having been convicted of a crime in any jurisdiction
  765  which directly relates to the practice of fire code inspection,
  766  plan review, or administration.
  767         (g) Making or filing a report or record that the
  768  certificateholder knows to be false, or knowingly inducing
  769  another to file a false report or record, or knowingly failing
  770  to file a report or record required by state or local law, or
  771  knowingly impeding or obstructing such filing, or knowingly
  772  inducing another person to impede or obstruct such filing.
  773         (h) Failing to properly enforce applicable fire codes or
  774  permit requirements within this state which the
  775  certificateholder knows are applicable by committing willful
  776  misconduct, gross negligence, gross misconduct, repeated
  777  negligence, or negligence resulting in a significant danger to
  778  life or property.
  779         (i) Accepting labor, services, or materials at no charge or
  780  at a noncompetitive rate from any person who performs work that
  781  is under the enforcement authority of the certificateholder and
  782  who is not an immediate family member of the certificateholder.
  783  For the purpose of this paragraph, the term “immediate family
  784  member” means a spouse, child, parent, sibling, grandparent,
  785  aunt, uncle, or first cousin of the person or the person’s
  786  spouse or any person who resides in the primary residence of the
  787  certificateholder.
  788         (7) The department shall provide by rule for the
  789  certification of firesafety inspectors.
  790         (8)The State Fire Marshal may develop by rule an advanced
  791  training and certification program for firesafety inspectors
  792  having fire code management responsibility. Such program must be
  793  consistent with the appropriate provisions of NFPA 1037 or
  794  similar standards adopted by the division and establish minimum
  795  training, education, and experience levels for firesafety
  796  inspectors having fire code management responsibilities.
  797         (9)The Division of State Fire Marshal and the Florida
  798  Building Code Administrators and Inspectors Board, established
  799  pursuant to s. 468.605, shall enter into a reciprocity agreement
  800  to facilitate joint recognition of continuing education
  801  recertification hours for certificateholders licensed in
  802  accordance with s. 468.609 and firesafety inspectors certified
  803  in accordance with subsection (2).
  804         Section 13. Subsection (2) of section 633.082, Florida
  805  Statutes, is amended, and subsection (6) is added to that
  806  section, to read:
  807         633.082 Inspection of fire control systems, fire hydrants,
  808  and fire protection systems.—
  809         (2) Fire hydrants and fire protection systems installed in
  810  public and private properties, except one-family or two-family
  811  dwellings, in this state shall be inspected following procedures
  812  established in the nationally recognized inspection, testing,
  813  and maintenance standards NFPA-24 and NFPA-25 as set forth in
  814  the edition adopted by the State Fire Marshal.
  815         (a)All alarm systems shall be serviced, tested, repaired,
  816  inspected, and improved in compliance with the provisions of the
  817  applicable standards of the National Fire Protection Association
  818  adopted by State Fire Marshal.
  819         (b)Fire hydrants owned by public governmental entities
  820  shall be inspected in accordance with procedures established in
  821  the nationally recognized inspection, testing, and maintenance
  822  standards adopted by the State Fire Marshal. County, municipal,
  823  and special district utilities may comply with this section with
  824  designated employees notwithstanding the requirements of s.
  825  633.081. However, private contractors must be licensed under
  826  this chapter.
  827         (c)All fire hydrants installed after the point of service
  828  and attached to a fire protection system must be inspected by a
  829  contractor licensed under this chapter, regardless of the
  830  hydrant’s ownership. Quarterly, annual, 3-year, and 5-year
  831  inspections consistent with the contractual provisions with the
  832  owner shall be conducted by the certificateholder or permittees
  833  employed by the certificateholder pursuant to s. 633.521.
  834         (6)The owner shall replace any fire sprinkler heads that
  835  have been identified by a governmental regulatory agency as
  836  recalled for a material defect in design or workmanship.
  837         Section 14. Paragraph (a) of subsection (1) and subsections
  838  (2), (3), and (4) of section 633.085, Florida Statutes, are
  839  amended to read:
  840         633.085 Inspections of state buildings and premises; tests
  841  of firesafety equipment; building plans to be approved.—
  842         (1)(a) It is the duty of the State Fire Marshal and her or
  843  his agents to inspect, or cause to be inspected, each state
  844  owned building, which, for purposes of this section, includes
  845  each building located on land owned by the state and used
  846  primarily for state purposes as determined by the State Fire
  847  Marshal, on a recurring basis established by rule, and to ensure
  848  that high-hazard occupancies are inspected at least annually,
  849  for the purpose of ascertaining and causing to be corrected any
  850  conditions liable to cause fire or endanger life from fire and
  851  any violation of the firesafety standards for state-owned
  852  buildings, the provisions of this chapter, or the rules or
  853  regulations adopted and promulgated pursuant hereto. The State
  854  Fire Marshal shall, within 7 days following an inspection,
  855  submit a report of such inspection to the head of the department
  856  of state government responsible for the building.
  857         (2) The State Fire Marshal and her or his agents may shall
  858  conduct performance tests on any electronic fire warning and
  859  smoke detection system, and any pressurized air-handling unit,
  860  in any state-owned building or state-leased space on a recurring
  861  basis as provided in subsection (1). The State Fire Marshal and
  862  her or his agents shall also ensure that fire drills are
  863  conducted in all high-hazard state-owned buildings or high
  864  hazard state-leased high-hazard occupancies at least annually.
  865         (3) All construction of any new, or renovation, alteration,
  866  or change of occupancy of any existing, state-owned building or
  867  state-leased space shall comply with the uniform firesafety
  868  standards of the State Fire Marshal.
  869         (a) For all new construction or renovation, alteration, or
  870  change of occupancy of state-leased space, compliance with the
  871  uniform firesafety standards shall be determined by reviewing
  872  the plans for the proposed construction or occupancy submitted
  873  by the lessor to the Division of State Fire Marshal for review
  874  and approval prior to commencement of construction or occupancy,
  875  which review shall be completed within 10 working days after
  876  receipt of the plans by the Division of State Fire Marshal.
  877         (b) The plans for all construction of any new, or
  878  renovation or alteration of any existing, state-owned building
  879  are subject to the review and approval of the Division of State
  880  Fire Marshal for compliance with the uniform firesafety
  881  standards prior to commencement of construction or change of
  882  occupancy, which review shall be completed within 30 calendar
  883  days of receipt of the plans by the Division of State Fire
  884  Marshal.
  885         (4) The Division of State Fire Marshal may inspect state
  886  owned buildings and space and state-leased space as necessary
  887  before such buildings or spaces are occupied prior to occupancy
  888  or during construction, renovation, or alteration to ascertain
  889  compliance with the uniform firesafety standards. Whenever the
  890  Division of State Fire Marshal determines by virtue of such
  891  inspection or by review of plans that construction, renovation,
  892  or alteration of state-owned buildings and state-leased space is
  893  not in compliance with the uniform firesafety standards, the
  894  Division of State Fire Marshal shall issue an order to cease
  895  construction, renovation, or alteration, or to preclude
  896  occupancy, of a building until compliance is obtained, except
  897  for those activities required to achieve such compliance.
  898         Section 15. Section 633.121, Florida Statutes, is amended
  899  to read:
  900         633.121 Persons authorized to enforce laws and rules of
  901  State Fire Marshal.—The chiefs of county, municipal, and
  902  special-district fire departments; other fire department
  903  personnel designated by their respective chiefs; and personnel
  904  designated by local governments having no organized fire
  905  departments; and all law enforcement officers in the state duly
  906  certified under chapter 943 and acting upon the request of the
  907  State Fire Marshal or a chief of a county, municipal, or special
  908  district fire department may are authorized to enforce this
  909  chapter law and all rules adopted prescribed by the State Fire
  910  Marshal within their respective jurisdictions. Such personnel
  911  acting under the authority of this section shall be deemed to be
  912  agents of their respective jurisdictions, not agents of the
  913  State Fire Marshal.
  914         Section 16. Section 633.13, Florida Statutes, is amended to
  915  read:
  916         633.13 State Fire Marshal; authority of agents.—The
  917  authority given the State Fire Marshal under this chapter or any
  918  rule or order adopted by the State Fire Marshal law may be
  919  exercised by his or her agents, either individually or in
  920  conjunction with any other state or local official charged with
  921  similar responsibilities.
  922         Section 17. Section 633.14, Florida Statutes, is amended to
  923  read:
  924         633.14 Agents; powers to make arrests, conduct searches and
  925  seizures, serve summonses, and carry firearms.—
  926         (1) Agents must be certified in compliance with s. 943.1395
  927  or meet the temporary employment or appointment exemption
  928  requirements of s. 943.131 until certified in order to execute
  929  the authority granted them by this section.
  930         (2)It is unlawful for any person to resist an arrest by an
  931  agent of the State Fire Marshal authorized by this section or to
  932  interfere, by abetting or assisting such resistance or
  933  otherwise, with any agent of the Division of State Fire Marshal
  934  in the duties imposed upon such agent by law or department rule.
  935  of the State Fire Marshal shall have the same authority to serve
  936  summonses, make arrests, carry firearms, and make searches and
  937  seizures, as the sheriff or her or his deputies, in the
  938  respective counties where such investigations, hearings, or
  939  inspections may be held; and affidavits necessary to authorize
  940  any such arrests, searches, or seizures may be made before any
  941  trial court judge having authority under the law to issue
  942  appropriate processes.
  943         Section 18. Subsections (1) and (3) of section 633.161,
  944  Florida Statutes, are amended to read:
  945         633.161 Violations; orders to cease and desist, correct
  946  hazardous conditions, preclude occupancy, or vacate;
  947  enforcement; penalties.—
  948         (1) If it is determined by the department that a violation
  949  specified in this subsection exists, the State Fire Marshal or
  950  her or his agent deputy may issue and deliver to the person
  951  committing the violation an order to cease and desist from such
  952  violation, to correct any hazardous condition, to preclude
  953  occupancy of the affected building or structure, or to vacate
  954  the premises of the affected building or structure. Such
  955  violations consist of are:
  956         (a) Except as set forth in paragraph (b), a violation of
  957  any provision of this chapter, of any rule adopted pursuant
  958  thereto, of any applicable uniform firesafety standard adopted
  959  pursuant to s. 633.022 which is not adequately addressed by any
  960  alternative requirements adopted on a local level, or of any
  961  minimum firesafety standard adopted pursuant to s. 394.879.
  962         (b) A substantial violation of an applicable minimum
  963  firesafety standard adopted pursuant to s. 633.025 which is not
  964  reasonably addressed by any alternative requirement imposed at
  965  the local level, or an unreasonable interpretation of an
  966  applicable minimum firesafety standard, and which violation or
  967  interpretation clearly constitutes a danger to lifesafety.
  968         (c) A building or structure which is in a dilapidated
  969  condition and as a result thereof creates a danger to life,
  970  safety, or property.
  971         (d) A building or structure which contains explosive matter
  972  or flammable liquids or gases constituting a danger to life,
  973  safety, or property.
  974         (e)Any person or entity who acts as or offers to act as a
  975  fire department and is not designated as a fire department by a
  976  political subdivision of the state.
  977         (3) Any person who violates or fails to comply with any
  978  order under subsection (1) or subsection (2) commits is guilty
  979  of a misdemeanor, punishable as provided in s. 633.171.
  980         Section 19. Subsection (1) of section 633.171, Florida
  981  Statutes, is amended to read:
  982         633.171 Penalty for violation of law, rule, or order to
  983  cease and desist or for failure to comply with corrective
  984  order.—
  985         (1) Any person who violates any provision of this chapter
  986  law, any order or rule of the State Fire Marshal, or any order
  987  to cease and desist or to correct conditions issued under this
  988  chapter commits a misdemeanor of the second degree, punishable
  989  as provided in s. 775.082 or s. 775.083.
  990         Section 20. Section 633.175, Florida Statutes, is amended
  991  to read:
  992         633.175 Investigation of arson, fraudulent insurance
  993  claims, and crimes; immunity of insurance companies supplying
  994  information.—
  995         (1) The State Fire Marshal or an agent appointed pursuant
  996  to s. 633.02, any law enforcement officer as defined in s.
  997  111.065, any law enforcement officer of a federal agency, or any
  998  fire department official who is engaged in the investigation of
  999  a fire loss or loss from an explosion may request any insurance
 1000  company or its agent, adjuster, employee, or attorney,
 1001  investigating a claim under an insurance policy or contract with
 1002  respect to a fire to release any information whatsoever in the
 1003  possession of the insurance company or its agent, adjuster,
 1004  employee, or attorney relative to a loss from that fire. The
 1005  insurance company shall release the available information to and
 1006  cooperate with any official authorized to request such
 1007  information pursuant to this section. The information shall
 1008  include, but shall not be limited to:
 1009         (a) Any insurance policy relevant to a loss under
 1010  investigation and any application for such a policy.
 1011         (b) Any policy premium payment records.
 1012         (c) The records, reports, and all material pertaining to
 1013  any previous claims made by the insured with the reporting
 1014  company.
 1015         (d) Material relating to the investigation of the loss,
 1016  including statements of any person, proof of loss, and other
 1017  relevant evidence.
 1018         (e) Memoranda, notes, and correspondence relating to the
 1019  investigation of the loss in the possession of the insurance
 1020  company or its agents, adjusters, employees, or attorneys.
 1021         (2) If an insurance company has reason to suspect that a
 1022  fire loss to its insured’s real or personal property was caused
 1023  by incendiary means, the company shall notify the State Fire
 1024  Marshal and shall furnish her or him with all material acquired
 1025  by the company during the course of its investigation.
 1026         (3) In the absence of fraud, bad faith, or malice, no
 1027  representative of an insurance company or of the National
 1028  Insurance Crime Bureau employed to adjust or investigate losses
 1029  caused by fire shall be liable for damages in a civil action for
 1030  furnishing information concerning fires suspected to be other
 1031  than accidental to investigators employed by other insurance
 1032  companies or the National Insurance Crime Bureau.
 1033         (4) No insurance company or person who furnishes
 1034  information on its behalf shall be liable for damages in a civil
 1035  action or subject to criminal prosecution for any oral or
 1036  written statement made or any other action taken that is
 1037  necessary and required by the provisions of this section.
 1038         (5) At such time as the release of the investigative
 1039  records is required by law, the official or agency in possession
 1040  of such records shall provide written notice to the insurance
 1041  company providing the information and to all parties, at least
 1042  10 days prior to releasing such records. Official, departmental,
 1043  or agency personnel may discuss such matters with other
 1044  official, departmental, or agency personnel, and any insurance
 1045  company complying with this section, and may share such
 1046  information, if such discussion is necessary to enable the
 1047  orderly and efficient conduct of the investigation. These
 1048  discussions are confidential and exempt from the provisions of
 1049  s. 286.011.
 1050         (6) The actions of an insurance company or of its agents,
 1051  employees, adjusters, or attorneys, in complying with the
 1052  statutory obligation of this section shall in no way be
 1053  construed by a court as a waiver or abandonment of any privilege
 1054  or confidentiality of attorney work product, attorney-client
 1055  communication, or such other privilege or immunity as is
 1056  provided by law.
 1057         (7) Any official described in subsection (1) may be
 1058  required to testify as to any information in her or his
 1059  possession regarding an insurance loss in any civil action in
 1060  which any person seeks recovery under a policy against an
 1061  insurance company for an insurance loss, subject to the
 1062  provisions of subsection (6).
 1063         (8) No person may intentionally refuse to release any
 1064  information requested pursuant to this section.
 1065         (9) Any person who willfully violates the provisions of
 1066  this section commits is guilty of a misdemeanor of the first
 1067  degree, punishable as provided in s. 775.082 or s. 775.083.
 1068         Section 21. Section 633.18, Florida Statutes, is amended to
 1069  read:
 1070         633.18 State Fire Marshal; hearings and investigations;
 1071  subpoena of witnesses; orders of circuit court.—Any agent
 1072  designated by the State Fire Marshal for such purposes, may hold
 1073  hearings, sign and issue subpoenas, administer oaths, examine
 1074  witnesses, receive evidence, and require by subpoena the
 1075  attendance and testimony of witnesses and the production of such
 1076  accounts, records, memoranda or other evidence, as may be
 1077  material for the determination of any complaint or conducting
 1078  any inquiry or investigation under chapter 552, chapter 554,
 1079  this chapter, or any rule or order of the State Fire Marshal
 1080  law. In case of disobedience to a subpoena, the State Fire
 1081  Marshal or his or her agent may invoke the aid of any court of
 1082  competent jurisdiction in requiring the attendance and testimony
 1083  of witnesses and the production of accounts, records, memoranda
 1084  or other evidence and any such court may in case of contumacy or
 1085  refusal to obey a subpoena issued to any person, issue an order
 1086  requiring the person to appear before the State Fire Marshal’s
 1087  agent or produce accounts, records, memoranda or other evidence,
 1088  as so ordered, or to give evidence touching any matter pertinent
 1089  to any complaint or the subject of any inquiry or investigation,
 1090  and any failure to obey such order of the court shall be
 1091  punished by the court as a contempt thereof.
 1092         Section 22. Section 633.30, Florida Statutes, is amended to
 1093  read:
 1094         633.30 Standards for firefighting; definitions.—As used in
 1095  this chapter, the term:
 1096         (1) “Career firefighter” means a person who is compensated
 1097  at an hourly or salaried rate and whose work hours are scheduled
 1098  in advance to maintain a schedule of coverage at a station,
 1099  facility, or area to function as described in subsection (8)
 1100  “Firefighter” means any person initially employed as a full-time
 1101  professional firefighter by any employing agency, as defined
 1102  herein, whose primary responsibility is the prevention and
 1103  extinguishment of fires, the protection and saving of life and
 1104  property, and the enforcement of municipal, county, and state
 1105  fire prevention codes, as well as of any law pertaining to the
 1106  prevention and control of fires.
 1107         (2) “Council” means the Firefighters Employment, Standards,
 1108  and Training Council “Employing agency” means any municipality
 1109  or county, the state, or any political subdivision of the state,
 1110  including authorities and special districts, employing
 1111  firefighters as defined in subsection (1).
 1112         (3) “Department” means the Department of Financial
 1113  Services.
 1114         (4) “Division” means the Division of State Fire Marshal of
 1115  the Department of Financial Services “Council” means the
 1116  Firefighters Employment, Standards, and Training Council.
 1117         (5) “Employing agency” means any municipality or county,
 1118  the state, or any political subdivision of the state, including
 1119  authorities, special districts, or any private entity under
 1120  contract with such entities “Division” means the Division of
 1121  State Fire Marshal of the Department of Financial Services.
 1122         (6)“Fire department” means an organization designated by a
 1123  state political subdivision, such as a county, municipality, or
 1124  special fire control district, to provide emergency response for
 1125  the protection of life and property within a specified
 1126  geographical area.
 1127         (7)“Fire service apprentice” means any high school student
 1128  who completes a high school course of instruction and an
 1129  examination approved by the division which includes specified
 1130  components of firefighter I and II certification in accordance
 1131  with the division’s rules. Before the age of 18, a fire service
 1132  apprentice may function as a fireground resource technician with
 1133  a recognized fire department. Upon reaching the age of 18 and
 1134  graduating from high school, the fire service apprentice may
 1135  complete the outstanding components of firefighter I and II
 1136  certification training and become certified at level II in
 1137  accordance with the division’s rules.
 1138         (8)“Firefighter” means any person whose responsibility is
 1139  the emergency response to fires and other emergencies, the
 1140  prevention and extinguishment of fires, the protection and
 1141  saving of life and property, and the enforcement of municipal,
 1142  county, and state fire prevention codes, as well as of any law
 1143  pertaining to the prevention and control of fires.
 1144         (9)“Firefighter I” means a person who has successfully
 1145  completed the firefighter I training program and is certified at
 1146  level I in accordance with the division’s rules. Firefighter I
 1147  is the minimum level of certification to function as a volunteer
 1148  firefighter.
 1149         (10)“Firefighter II” means a person who has successfully
 1150  completed the firefighter II training program and is certified
 1151  at level II in accordance with the division’s rules. Firefighter
 1152  II is the minimum level of certification to function as a career
 1153  firefighter as set forth in subsection (1). For purposes of this
 1154  chapter, a certificate of compliance at level II replaces the
 1155  previous certificate of compliance required to be a full-time
 1156  professional firefighter. Firefighters currently certified
 1157  pursuant to a certificate of compliance are deemed to be in
 1158  compliance with the requirements of this chapter and need not
 1159  become certified as a firefighter II.
 1160         (11)“Fireground resource technician” means a volunteer
 1161  exterior firefighter or support person who is not qualified by
 1162  certification to be an interior firefighter but who has
 1163  completed a course of instruction in accordance with the
 1164  division’s rules. Fireground resource technician is the minimum
 1165  level of certification to function on the fireground in
 1166  accordance with division rules.
 1167         Section 23. Section 633.34, Florida Statutes, is amended to
 1168  read:
 1169         633.34 Firefighters; qualifications for employment.—
 1170         (1) Any person applying for employment or training as a
 1171  firefighter must:
 1172         (a)(1) Be a high school graduate or the equivalent, as the
 1173  term may be determined by the division, and at least 18 years of
 1174  age.
 1175         (b)(2)Not have been found guilty of, or pled guilty or
 1176  nolo contendere to, any felony or crime involving moral
 1177  turpitude and punishable by imprisonment of 1 year or more under
 1178  federal law, the law of any state, or the law of any other
 1179  country, without regard to whether a judgment of conviction was
 1180  entered or adjudication was withheld by the court having
 1181  jurisdiction over such matter. Neither have been convicted of a
 1182  felony or of a misdemeanor directly related to the position of
 1183  employment sought, nor have pled nolo contendere to any charge
 1184  of a felony. If an applicant has been convicted of a felony,
 1185  such applicant must be in compliance with s. 112.011(2)(b). If
 1186  an applicant has been convicted of a misdemeanor directly
 1187  related to the position of employment sought, such applicant
 1188  shall be excluded from employment for a period of 4 years after
 1189  expiration of sentence. If the sentence is suspended or
 1190  adjudication is withheld in a felony charge or in a misdemeanor
 1191  directly related to the position or employment sought and a
 1192  period of probation is imposed, the applicant must have been
 1193  released from probation.
 1194         (c)(3)Pay for and submit fingerprints as directed by the
 1195  division Submit a fingerprint card to the division with a
 1196  current processing fee. The fingerprints shall fingerprint card
 1197  will be forwarded to the Department of Law Enforcement and
 1198  and/or the Federal Bureau of Investigation for analysis pursuant
 1199  to s. 624.34.
 1200         (4)Have a good moral character as determined by
 1201  investigation under procedure established by the division.
 1202         (d)(5) Be in good physical condition as determined by a
 1203  medical examination conducted in accordance with the medical
 1204  requirements for training and certification as set forth by rule
 1205  of the department, and given by a physician, surgeon, or
 1206  physician assistant licensed to practice in the state pursuant
 1207  to chapter 458; an osteopathic physician, surgeon, or physician
 1208  assistant licensed to practice in the state pursuant to chapter
 1209  459; or an advanced registered nurse practitioner licensed to
 1210  practice in the state pursuant to chapter 464. Such examination
 1211  may include, but need not be limited to, provisions of the
 1212  National Fire Protection Association Standard 1582. Results of
 1213  such A medical examination evidencing good physical condition
 1214  shall be submitted to the division, on a form as provided by
 1215  rule, before an individual is eligible for admission into a
 1216  firefighter training program as defined in s. 633.35.
 1217         (e)(6) Be a nonuser of tobacco or tobacco products for at
 1218  least 1 year immediately preceding application for employment or
 1219  commencement of training for certification as a career
 1220  firefighter, as evidenced by the sworn affidavit of the
 1221  applicant. A career firefighter certified after December 31,
 1222  2009, must, as a condition of employment, be nonuser of tobacco
 1223  or tobacco products.
 1224         (2) A person who does not hold a fire service apprentice,
 1225  fireground resource technician, firefighter I, or firefighter II
 1226  certificate may not respond or engage in hazardous operations,
 1227  including, but not limited to, interior structural firefighting,
 1228  hazardous-materials-incident mitigation, and incident command,
 1229  requiring the knowledge and skills taught in the training
 1230  programs established in s. 633.35, regardless of volunteer or
 1231  employment status.
 1232         Section 24. Section 633.35, Florida Statutes, is amended to
 1233  read:
 1234         633.35 Firefighter training and certification.—
 1235         (1) The division shall adopt rules to establish a
 1236  firefighter training programs for certification as a fireground
 1237  resource technician, a fire service apprentice, a firefighter I,
 1238  and a firefighter II, to be program of not less than 360 hours,
 1239  administered by such agencies and institutions as approved by
 1240  the division in accordance with division rules it approves for
 1241  the purpose of providing basic employment training for
 1242  firefighters. Nothing herein shall require a public employer to
 1243  pay the cost of such training.
 1244         (2) The division shall issue certificates a certificate of
 1245  compliance for certification as a fireground resource
 1246  technician, a fire service apprentice, a firefighter I, and a
 1247  firefighter II to any person who has satisfactorily completed
 1248  complying with the training programs program established in
 1249  subsection (1), who has successfully passed an examination as
 1250  prescribed by the division, and who possesses the qualifications
 1251  specified for employment in s. 633.34, except s. 633.34(5). A No
 1252  person may not be employed as a career regular or permanent
 1253  firefighter by an employing agency, or by a private entity under
 1254  contract with the state or any political subdivision of the
 1255  state, including authorities and special districts, unless
 1256  certified as a firefighter II, except for an individual hired to
 1257  be trained and become certified as a firefighter II. A person
 1258  hired to be trained and become certified as a firefighter II has
 1259  a maximum of for a period of time in excess of 1 year following
 1260  from the date of initial employment to obtain the firefighter II
 1261  until he or she has obtained such certificate of compliance. A
 1262  person who does not hold a firefighter II certificate of
 1263  compliance and is employed under this section may not directly
 1264  engage in hazardous operations, such as interior structural
 1265  firefighting or and hazardous-materials-incident mitigation,
 1266  requiring the knowledge and skills taught in a training program
 1267  established in subsection (1). However, a person who is
 1268  certified and has been employed by served as a volunteer
 1269  firefighter with the state or any political subdivision of the
 1270  state, including authorities and special districts, who is then
 1271  employed as a career regular or permanent firefighter may
 1272  function, during this period, in the same capacity in which he
 1273  or she acted before being employed as a career firefighter as a
 1274  volunteer firefighter, provided that he or she has completed all
 1275  training required by the volunteer organization.
 1276         (3) The division may issue a certificate of compliance at
 1277  the firefighter I or firefighter II level to any person who has
 1278  received basic employment training for firefighters in another
 1279  state when the division has determined that such training was at
 1280  least equivalent to that required by the division for approved
 1281  firefighter education and training programs in this state and
 1282  when such person has satisfactorily complied with all other
 1283  requirements of this section. The division may also issue a
 1284  special certificate to a person who is otherwise qualified under
 1285  this section and who is employed as the administrative and
 1286  command head of a fire/rescue/emergency services organization,
 1287  based on the acknowledgment that such person is less likely to
 1288  need physical dexterity and more likely to need advanced
 1289  knowledge of firefighting and supervisory skills. The
 1290  certificate is valid only while the person is serving in a
 1291  position as an administrative and command head of a
 1292  fire/rescue/emergency services organization and must be obtained
 1293  before employment in such capacity.
 1294         (4) An applicant A person who fails an examination given
 1295  under this section may retake the examination once within 6
 1296  months after the original examination date. An applicant who
 1297  does not pass retake the examination within such time must
 1298  repeat or take the applicable training program Minimum Standards
 1299  Course, pursuant to subsection (1), before being reexamined. The
 1300  division may establish reasonable preregistration deadlines for
 1301  such reexaminations.
 1302         (5) Pursuant to s. 590.02(1)(e), the division shall
 1303  establish a structural fire training program of not less than 40
 1304  hours. The division shall issue to any person satisfactorily
 1305  complying with this training program and who has successfully
 1306  passed an examination as prescribed by the division and who has
 1307  met the requirements of s. 590.02(1)(e) a Certificate of
 1308  Forestry Firefighter.
 1309         (6) A certified forestry firefighter is entitled to the
 1310  same rights, privileges, and benefits provided for by law as a
 1311  career certified firefighter.
 1312         Section 25. Section 633.351, Florida Statutes, is amended
 1313  to read:
 1314         633.351 Disciplinary action; firefighters; standards for
 1315  revocation of certification.—
 1316         (1) The certification of a firefighter shall be revoked by
 1317  the division if evidence is found that the certification was
 1318  improperly issued by the division or if evidence is found that
 1319  the certification was issued on the basis of false, incorrect,
 1320  incomplete, or misleading information. Misrepresentation or
 1321  falsification of division-issued certifications or the
 1322  requirements for certification by or on behalf of an individual
 1323  to any employing agency or division shall result in the
 1324  revocation of all certifications held by that individual.
 1325         (2) The certification of a firefighter shall be revoked by
 1326  the division if the firefighter is adjudicated guilty of, or
 1327  pleads guilty or nolo contendere to, any felony or crime
 1328  involving moral turpitude and punishable by imprisonment of 1
 1329  year or more under federal law, the law of any state, or the law
 1330  of any other country, without regard to whether a judgment of
 1331  conviction is entered or adjudication withheld by the court
 1332  having jurisdiction over such matter. who is convicted of a
 1333  felony, or who is convicted of a misdemeanor relating to
 1334  misleading or false statements, or who pleads nolo contendere to
 1335  any charge of a felony shall be revoked until the firefighter
 1336  complies with s. 112.011(2)(b). However, if sentence upon such
 1337  felony or such misdemeanor charge is suspended or adjudication
 1338  is withheld, the firefighter’s certification shall be revoked
 1339  until she or he completes any probation.
 1340         Section 26. Section 633.352, Florida Statutes, is amended
 1341  to read:
 1342         633.352 Retention of firefighter certification.—
 1343         (1) Any certified firefighter who has not been active as a
 1344  firefighter, or as a volunteer firefighter with an organized
 1345  fire department, for a period of 3 years shall be required to
 1346  retake and pass the written and practical portions portion of
 1347  the minimum standards state examination specified in division
 1348  rules rule 4A-37.056(6)(b), Florida Administrative Code, in
 1349  order to maintain her or his certification as a firefighter.;
 1350  however,
 1351         (2) This requirement does not apply to state-certified
 1352  firefighters who are certified and employed or under contract as
 1353  full-time firesafety inspectors for an entity listed in s.
 1354  633.081(1) or to instructors regardless of their employment
 1355  status instructors, as determined by the division.
 1356         (3) The 3-year period begins on the date the firefighter I
 1357  or firefighter II certificate of compliance is issued, or upon
 1358  termination of service with an organized fire department, or
 1359  upon expiration of instructor certification.
 1360         Section 27. Paragraph (b) of subsection (1) and paragraph
 1361  (a) of subsection (2) of section 633.382, Florida Statutes, are
 1362  amended to read:
 1363         633.382 Firefighters; supplemental compensation.—
 1364         (1) DEFINITIONS.—As used in this section, the term:
 1365         (b) “Firefighter” means any person who meets the definition
 1366  of the term “firefighter” in s. 633.30(1) or (10) and who is
 1367  certified in compliance with s. 633.35 and who is employed
 1368  solely within the fire department of the employing agency or is
 1369  employed by the division.
 1370         (2) QUALIFICATIONS FOR SUPPLEMENTAL COMPENSATION.—
 1371         (a) In addition to the compensation now paid by an
 1372  employing agency to a any firefighter II, every career
 1373  firefighter shall be paid supplemental compensation by the
 1374  employing agency when such firefighter has complied with one of
 1375  the following criteria:
 1376         1. Any firefighter II who receives an associate degree from
 1377  an accredited a college, which degree is applicable to fire
 1378  department duties, as outlined in policy guidelines of the
 1379  division, shall be additionally compensated as outlined in
 1380  paragraph (3)(a).
 1381         2. Any firefighter II, regardless of whether or not she or
 1382  he earned an associate degree earlier, who receives from an
 1383  accredited college or university a bachelor’s degree, which
 1384  bachelor’s degree is applicable to fire department duties, as
 1385  outlined in policy guidelines of the division, shall receive
 1386  compensation as outlined in paragraph (3)(b).
 1387         Section 28. Paragraph (e) of subsection (2) and subsections
 1388  (3), (10), and (11) of section 633.521, Florida Statutes, are
 1389  amended to read:
 1390         633.521 Certificate application and issuance; permit
 1391  issuance; examination and investigation of applicant.—
 1392         (2)
 1393         (e) An applicant may not be examined more than four times
 1394  during 1 year for certification as a contractor pursuant to this
 1395  section unless the person is or has been certified and is taking
 1396  the examination to change classifications. If an applicant does
 1397  not pass one or more parts of the examination, she or he may
 1398  take any part of the examination three more times during the 1
 1399  year period beginning upon the date she or he originally filed
 1400  an application to take the examination. If the applicant does
 1401  not pass the examination within that 1-year period, she or he
 1402  must file a new application and pay the application and
 1403  examination fees in order to take the examination or a part of
 1404  the examination again. However, the applicant may not file a new
 1405  application sooner than 6 months after the date of her or his
 1406  last examination. An applicant who passes the examination but
 1407  does not meet the remaining qualifications as provided in
 1408  applicable statutes and rules within 1 year after the
 1409  application date must file a new application, pay the
 1410  application and examination fee, successfully complete a
 1411  prescribed training course approved by the State Fire College or
 1412  an equivalent course approved by the State Fire Marshal, and
 1413  retake and pass the written examination.
 1414         (3)(a) As a prerequisite to taking the examination for
 1415  certification as a contractor I, Contractor II, or Contractor
 1416  III, the applicant must be at least 18 years of age, be of good
 1417  moral character, and shall possess 4 years’ proven experience in
 1418  the employment of a fire protection system contractor I,
 1419  Contractor II, or Contractor III or a combination of equivalent
 1420  education and experience in both water-based and chemical fire
 1421  suppression systems.
 1422         (b)As a prerequisite to taking the examination for
 1423  certification as a contractor II, the applicant must be at least
 1424  18 years of age, be of good moral character, and have 4 years of
 1425  verifiable employment experience with a fire protection system
 1426  as a contractor I or contractor II, or a combination of
 1427  equivalent education and experience in water-based fire
 1428  suppression systems.
 1429         (c)Required education and experience for certification as
 1430  a contractor I, contractor II, contractor III, or contractor IV
 1431  includes training and experience in both installation and system
 1432  layout as defined in s. 633.021.
 1433         (d)As a prerequisite to taking the examination for
 1434  certification as a contractor III, the applicant must be at
 1435  least 18 years of age, be of good moral character, and have 4
 1436  years of verifiable employment experience with a fire protection
 1437  system as a contractor I or contractor II, or a combination of
 1438  equivalent education and experience in chemical fire suppression
 1439  systems.
 1440         (e) As a prerequisite to taking the examination for
 1441  certification as a Contractor IV, the applicant shall be at
 1442  least 18 years old, be of good moral character, and have at
 1443  least 2 years of verifiable employment as years’ proven
 1444  experience in the employment of a fire protection system
 1445  Contractor I, Contractor II, Contractor III, or Contractor IV,
 1446  or combination of equivalent education and experience which
 1447  combination need not include experience in the employment of a
 1448  fire protection system contractor.
 1449         (f)Upon successful completion of a training program
 1450  acceptable to the State Fire Marshal of not less than 40 contact
 1451  hours regarding the applicable installation standard used by the
 1452  contractor IV as described in NFPA 13D, a certified plumber
 1453  contractor meets the requirements for equivalent education and
 1454  experience. The State Fire Marshal may establish rules to
 1455  administer this subsection.
 1456         (g) As a prerequisite to taking the examination for
 1457  certification as a Contractor V, the applicant, including any
 1458  applicant certified as a general contractor under chapter 489,
 1459  must shall be at least 18 years old, be of good moral character,
 1460  and have been licensed as a certified underground utility and
 1461  excavation contractor or plumbing contractor pursuant to chapter
 1462  489, have verification by an individual who is licensed as a
 1463  certified utility contractor or plumbing contractor pursuant to
 1464  chapter 489 that the applicant has 4 years’ proven experience in
 1465  the employ of a certified underground utility and excavation
 1466  contractor or plumbing contractor, or have a combination of
 1467  education and experience equivalent to 4 years’ proven
 1468  experience in the employ of a certified underground utility and
 1469  excavation contractor or plumbing contractor.
 1470         (h) Within 30 days after the date of the examination, the
 1471  State Fire Marshal shall inform the applicant in writing whether
 1472  she or he has qualified or not and, if the applicant has
 1473  qualified, that she or he is ready to issue a certificate of
 1474  competency, subject to compliance with the requirements of
 1475  subsection (4).
 1476         (10) Effective July 1, 2008, the State Fire Marshal shall
 1477  require the National Institute of Certification in Engineering
 1478  Technologies (NICET), Sub-field of Inspection and Testing of
 1479  Fire Protection Systems Level II or equivalent training and
 1480  education as determined by the division as proof that the
 1481  permitholders are knowledgeable about nationally accepted
 1482  standards for the inspection of fire protection systems. It is
 1483  the intent of this act, from July 1, 2005, until July 1, 2008,
 1484  to accept continuing education of all certificateholders’
 1485  employees who perform inspection functions which specifically
 1486  prepares the permitholder to qualify for NICET II certification.
 1487         (11) It is intended that a certificateholder, or a
 1488  permitholder who is employed by a certificateholder, conduct
 1489  inspections required by this chapter. It is understood that
 1490  after July 1, 2008, employee turnover may result in a depletion
 1491  of personnel who are certified under the NICET Sub-field of
 1492  Inspection and Testing of Fire Protection Systems Level II or
 1493  equivalent training and education as determined by the division
 1494  which is required for permitholders. The extensive training and
 1495  experience necessary to achieve NICET Level II certification is
 1496  recognized. A certificateholder may therefore obtain a
 1497  provisional permit with an endorsement for inspection, testing,
 1498  and maintenance of water-based fire extinguishing systems for an
 1499  employee if the employee has initiated procedures for obtaining
 1500  Level II certification from the National Institute for
 1501  Certification in Engineering Technologies Sub-field of
 1502  Inspection and Testing of Fire Protection Systems and achieved
 1503  Level I certification or an equivalent level as determined by
 1504  the State Fire Marshal through verification of experience,
 1505  training, and examination. The State Fire Marshal may establish
 1506  rules to administer this subsection. After 2 years of
 1507  provisional certification, the employee must have achieved NICET
 1508  Level II certification, or obtain equivalent training and
 1509  education as determined by the division, or cease performing
 1510  inspections requiring Level II certification. The provisional
 1511  permit is valid only for the 2 calendar years after the date of
 1512  issuance, may not be extended, and is not renewable. After the
 1513  initial 2-year provisional permit expires, the certificateholder
 1514  must wait 2 additional years before a new provisional permit may
 1515  be issued. The intent is to prohibit the certificateholder from
 1516  using employees who never reach NICET Level II status, or
 1517  equivalent training and education as determined by the division,
 1518  by continuously obtaining provisional permits.
 1519         Section 29. Subsection (3) is added to section 633.524,
 1520  Florida Statutes, to read:
 1521         633.524 Certificate and permit fees; use and deposit of
 1522  collected funds.—
 1523         (3)The State Fire Marshal may enter into a contract with
 1524  any qualified public entity or private company in accordance
 1525  with chapter 287 to provide examinations for any applicant for
 1526  any examination administered under the jurisdiction of the State
 1527  Fire Marshal.
 1528         Section 30. Subsection (4) of section 633.537, Florida
 1529  Statutes, is amended to read:
 1530         633.537 Certificate; expiration; renewal; inactive
 1531  certificate; continuing education.—
 1532         (4) The renewal period for the permit class is the same as
 1533  that for the employing certificateholder. The continuing
 1534  education requirements for permitholders are what is required to
 1535  maintain NICET Sub-field of Inspection and Testing of Fire
 1536  Protection Systems Level II, equivalent training and education
 1537  as determined by the division, or higher certification plus 8
 1538  contact hours of continuing education approved by the State Fire
 1539  Marshal during each biennial renewal period thereafter. The
 1540  continuing education curriculum from July 1, 2005, until July 1,
 1541  2008, shall be the preparatory curriculum for NICET II
 1542  certification; after July 1, 2008, the technical curriculum is
 1543  at the discretion of the State Fire Marshal and may be used to
 1544  meet the maintenance of NICET Level II certification and 8
 1545  contact hours of continuing education requirements. It is the
 1546  responsibility of the permitholder to maintain NICET II
 1547  certification or equivalent training and education as determined
 1548  by the division as a condition of permit renewal after July 1,
 1549  2008.
 1550         Section 31. Subsections (1) and (4) of section 633.541,
 1551  Florida Statutes, are amended to read:
 1552         633.541 Contracting without certificate prohibited;
 1553  violations; penalty.—
 1554         (1) It is unlawful for any organization or individual to
 1555  engage in the business of, or the layout, fabrication,
 1556  installation, inspection, alteration, repair, or service of, a
 1557  fire protection system, other than a preengineered system, act
 1558  in the capacity of a fire protection contractor, or advertise
 1559  itself as being a fire protection contractor without having been
 1560  duly certified and holding a valid and existing certificate,
 1561  except as hereinafter provided. The holder of a certificate used
 1562  to qualify an organization must be a full-time employee of the
 1563  qualified organization or business. A certificateholder who is
 1564  employed by more than one fire protection contractor during the
 1565  same period of time is deemed not to be a full-time employee of
 1566  either contractor. The State Fire Marshal shall revoke, for a
 1567  period of time determined by the State Fire Marshal, the
 1568  certificate of a certificateholder who allows the use of the
 1569  certificate to qualify a company of which the certificateholder
 1570  is not a full-time employee. A contractor who maintains more
 1571  than one place of business must employ a certificateholder at
 1572  each location. Nothing in This subsection does not prohibit
 1573  prohibits an employee acting on behalf of governmental entities
 1574  from inspecting and enforcing firesafety codes, provided such
 1575  employee is certified under s. 633.081. Additionally, this
 1576  subsection does not prohibit an owner of a one-family or two
 1577  family dwelling from inspecting or maintaining the fire
 1578  protection system for his or her own house.
 1579         (4) In addition to the penalties provided in subsection
 1580  (3), a fire protection contractor certified under this chapter
 1581  who violates any provision of this chapter section or who
 1582  commits any act constituting cause for disciplinary action is
 1583  subject to suspension or revocation of the certificate and
 1584  administrative fines pursuant to s. 633.547.
 1585         Section 32. Subsection (4) of section 633.72, Florida
 1586  Statutes, is amended to read:
 1587         633.72 Florida Fire Code Advisory Council.—
 1588         (4) Each appointee shall serve a 4-year term. No member
 1589  shall serve more than two consecutive terms one term. No member
 1590  of the council shall be paid a salary as such member, but each
 1591  shall receive travel and expense reimbursement as provided in s.
 1592  112.061.
 1593         Section 33. Section 633.811, Florida Statutes, is amended
 1594  to read:
 1595         633.811 Firefighter employer penalties.—If any firefighter
 1596  employer violates or fails or refuses to comply with ss.
 1597  633.801-633.821, or with any rule adopted by the division under
 1598  such sections in accordance with chapter 120 for the prevention
 1599  of injuries, accidents, or occupational diseases or with any
 1600  lawful order of the division in connection with ss. 633.801
 1601  633.821, or fails or refuses to furnish or adopt any safety
 1602  device, safeguard, or other means of protection prescribed by
 1603  division rule under ss. 633.801-633.821 for the prevention of
 1604  accidents or occupational diseases, the division may issue an
 1605  administrative cease and desist order. The division may also
 1606  order assess against the firefighter employer to pay an
 1607  administrative fine a civil penalty of not less than $100 nor
 1608  more than $5,000 for each day the violation, omission, failure,
 1609  or refusal continues after the firefighter employer has been
 1610  given written notice of such violation, omission, failure, or
 1611  refusal. The total fine penalty for each violation shall not
 1612  exceed $50,000. The division shall adopt rules requiring fines
 1613  penalties commensurate with the frequency or severity of safety
 1614  violations. Actions by the division pursuant to this section are
 1615  subject to the provisions of chapter 120. Any A hearing shall be
 1616  held in the county in which the violation, omission, failure, or
 1617  refusal is alleged to have occurred, unless otherwise agreed to
 1618  by the firefighter employer and authorized by the division.
 1619  Orders of the division issued pursuant to this section are
 1620  enforceable in the circuit court in the jurisdiction in which
 1621  the violation is occurring or has occurred. All penalties
 1622  assessed and collected under this section shall be deposited in
 1623  the Insurance Regulatory Trust Fund.
 1624         Section 34. Subsection (3) of section 633.821, Florida
 1625  Statutes, is amended to read:
 1626         633.821 Workplace safety.—
 1627         (3) With respect to 29 C.F.R. s. 1910.134(g)(4), the two
 1628  individuals located outside the immediately dangerous to life
 1629  and health atmosphere may be assigned to an additional role,
 1630  such as incident commander, pumper operator, engineer, or
 1631  driver, so long as such individual is able to immediately
 1632  perform assistance or rescue activities without jeopardizing the
 1633  safety or health of any firefighter working at an incident. Also
 1634  with respect to 29 C.F.R. s. 1910.134(g)(4):
 1635         (a)Each county, municipality, and special district shall
 1636  implement such provision by April 1, 2002, except as provided in
 1637  paragraphs (b) and (c).
 1638         (b)If any county, municipality, or special district is
 1639  unable to implement such provision by April 1, 2002, without
 1640  adding additional personnel to its firefighting staff or
 1641  expending significant additional funds, such county,
 1642  municipality, or special district shall have an additional 6
 1643  months within which to implement such provision. Such county,
 1644  municipality, or special district shall notify the division that
 1645  the 6-month extension to implement such provision is in effect
 1646  in such county, municipality, or special district within 30 days
 1647  after its decision to extend the time for the additional 6
 1648  months. The decision to extend the time for implementation shall
 1649  be made prior to April 1, 2002.
 1650         (c)If, after the extension granted in paragraph (b), the
 1651  county, municipality, or special district, after having worked
 1652  with and cooperated fully with the division and the Firefighters
 1653  Employment, Standards, and Training Council, is still unable to
 1654  implement such provisions without adding additional personnel to
 1655  its firefighting staff or expending significant additional
 1656  funds, such municipality, county, or special district shall be
 1657  exempt from the requirements of 29 C.F.R. s. 1910.134(g)(4).
 1658  However, each year thereafter the division shall review each
 1659  such county, municipality, or special district to determine if
 1660  such county, municipality, or special district has the ability
 1661  to implement such provision without adding additional personnel
 1662  to its firefighting staff or expending significant additional
 1663  funds. If the division determines that any county, municipality,
 1664  or special district has the ability to implement such provision
 1665  without adding additional personnel to its firefighting staff or
 1666  expending significant additional funds, the division shall
 1667  require such county, municipality, or special district to
 1668  implement such provision. Such requirement by the division under
 1669  this paragraph constitutes final agency action subject to
 1670  chapter 120.
 1671         Section 35. Except as otherwise expressly provided in this
 1672  act, this act shall take effect July 1, 2009.