The Florida Senate

¹442.118  Presence of toxic substances; notice to fire departments, emergency medical service providers, law enforcement agencies, and local emergency management agencies; penalty.--

(1)  An employer, unless specifically exempted pursuant to subsection (4), shall provide within 9 months after the effective date of this act to the person responsible for the administration and direction of a fire department in a county, municipality, or political subdivision, including a fire chief or fire administrator or that person's designee:

(a)  A list of work areas, sufficiently identified by name and location, where toxic substances are present, which list contains the chemical and common name of each substance regularly present unless such information is protected pursuant to the trade secret provisions of this act; and

(b)  Upon request, any material safety data sheet for each toxic substance regularly present.

Except as otherwise provided in this section, information maintained by the employer pursuant to this subsection is confidential and exempt from the provisions of s. 119.07(1).

(2)  Whenever circumstances regarding the name and location of the substance change sufficiently to warrant an updated report, the employer shall update the information provided pursuant to subsection (1).

(3)  Employers who become covered under this act after October 1, 1985, shall provide the information required by subsection (1) within 60 days after becoming covered.

(4)  An employer operating a plant or facility which continues in operation, including maintenance periods, 24 hours a day, 7 days a week, 365 days a year, shall not be required to provide the information specified in subsection (1) with respect to any such plant or facility, provided such plant or facility is manned at all times by personnel qualified to provide such information.

(5)  The person responsible for the administration and direction of a fire department in a county, municipality, or political subdivision, including a fire chief or fire administrator or that person's designee, shall maintain the information provided by the employer as required in subsection (1) for at least 4 years and shall provide copies of such information only to the following agencies located within the geographic jurisdiction of such fire department:

(a)  Fire suppression and fire inspection divisions;

(b)  Emergency medical service providers licensed under chapter 401; and

(c)  Upon request, law enforcement agencies and local emergency management agencies.

Information obtained pursuant to this subsection is confidential and exempt from the provisions of s. 119.07(1).

(6)  This section and any regulations adopted by the department for enforcement of this section shall have the same force and effect in each county and municipality as the ordinances of such county or municipality and are enforceable in the county courts in the same manner as such ordinances. The provisions of s. 442.123(1) apply to violations of this section and are enforceable in county court.

(7)  The chief of a county, municipal, or special district fire department, other fire department personnel designated by such chief, and personnel designated by a local government having no organized fire department are authorized to enforce this section and any regulation adopted by the department for enforcement of this section. Such personnel acting under the authority of this section shall be considered agents of their respective jurisdictions and not agents of the department. Any penalties collected by such local personnel for violation of this section pursuant to s. 442.123 shall be retained by the respective fire department or local government.

(8)  Notwithstanding the provisions of s. 442.123(1), if an employer fails to provide the information required by this section, the department shall assess a civil penalty in an amount not to exceed $100.

History.--s. 10, ch. 84-223; s. 5, ch. 87-202; s. 10, ch. 91-269; s. 292, ch. 96-406; s. 14, ch. 99-240.

¹Note.--Repealed July 1, 2000, by s. 14, ch. 99-240.