THE STATE OF FLORIDA
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2009 FL H.B. 693
FLORIDA 111TH REGULAR SESSION
HOUSE BILL 693
FL H 693
BILL TRACKING REPORT: 2009 Bill Tracking FL H.B. 693
2009 Bill Text FL H.B. 693
VERSION-DATE: February 3, 2009
SYNOPSIS: A bill to be entitled
An act relating to fire prevention and control; amending ss. 218.23 and 447.203, F.S.; revising cross-references; amending s. 553.895, F.S.; revising outdated publication references; amending s. 633.02, F.S.; providing the correct name for the State Fire Marshal; amending s. 633.021, F.S.; revising definitions; amending s. 633.025, F.S.; providing requirements for firesafety plans and inspections for manufactured buildings; amending s. 633.026, F.S.; providing legislative intent; revising requirements for interpretations of the Florida Fire Prevention Code; providing for nonbinding and binding interpretations; requiring the Division of State Fire Marshal to establish a Fire Code Interpretation Committee; providing requirements for committee membership; providing procedures and requirements for code interpretations by the committee; providing for code interpretations by the department; providing requirements and procedures for petitions for interpretations; providing requirements for committee proceedings; exempting certain local decisions not subject to review under the section; amending s. 633.03, F.S.; expanding application of authority of the State Fire Marshal to investigate fires to include explosions; amending s. 633.061, F.S.; revising the type of fire suppression equipment in which a person must be licensed in order to engage in the business of servicing, inspecting, recharging, hydrotesting, or installing; revising the requirements for the renewal of a license to engage in the business of servicing, inspecting, recharging, hydrotesting, or installing fire suppression equipment; amending s. 633.071, F.S.; authorizing the State Fire Marshal to adopt standards for the attachment and placement of fire protection system inspection tags; amending s. 633.081, F.S.; authorizing the State Fire Marshal to inspect buildings or structures for certain violations; abolishing special state firesafety inspector classifications; providing for certification as a firesafety inspector; providing application and examination requirements; authorizing the State Fire Marshal to develop a certain advanced training and certification program for firesafety inspectors; authorizing the Division of State Fire Marshal to enter into a reciprocity agreement with the Florida Building Code Administrators and Inspectors Board for certain continuing education recertification purposes; amending s. 633.082, F.S.; providing requirements for servicing, testing, repair, and inspection of alarm systems, certain fire hydrants, and certain fire protection systems and associated private fire hydrants; providing for replacement of certain fire sprinklers under certain circumstances; amending s. 633.085, F.S.; revising requirements for the State Fire Marshal to inspect state buildings; amending s. 633.101, F.S.; revising and expanding the authority and powers of the State Fire Marshal to administer oaths, compel attendance of witnesses, and collect evidence; providing certain forms of immunity from liability for certain actions and persons under certain circumstances; exempting certain information from discovery under certain circumstances; exempting agents of the State Fire Marshal from subpoena under certain circumstances; specifying limitations on treatment of physical evidence; authorizing persons and agents of the State Fire Marshal to submit certain crime-related reports or information to the State Fire Marshal; authorizing agents of the State Fire Marshal to make arrests as state law enforcement officers under certain circumstances; providing that it is unlawful to resist arrest; amending s. 633.121, F.S.; expanding the list of eligible persons authorized to enforce laws and rules of the State Fire Marshal; amending s. 633.13, F.S.; revising a provision relating to the authority of agents of the State Fire Marshal; amending s. 633.14, F.S.; revising and expanding powers regarding arrests, searches, and the carrying of firearms by State Fire Marshal agents and investigators; amending s. 633.161, F.S.; expanding the list of violations for which the State Fire Marshal may issue certain enforcement orders; providing criminal penalties for failure to comply with such orders; amending s. 633.171, F.S.; conforming a provision; amending s. 633.175, F.S.; specifying additional powers granted to the State Fire Marshal; amending s. 633.18, F.S.; revising a provision relating to conduct of inquiries or investigations by agents of the State Fire Marshal; amending s. 633.30, F.S.; revising and providing definitions; amending s. 633.34, F.S.; revising requirements for qualification for employment as a firefighter; amending s. 633.35, F.S.; revising requirements for firefighter training and certification; amending s. 633.351, F.S.; revising provisions for disciplinary actions for firefighters; revising standards for revocation of firefighter certifications; amending s. 633.352, F.S.; revising requirements for retention of firefighter certification; amending s. 633.382, F.S.; revising provisions relating to required supplemental compensation for firefighters; amending s. 633.521, F.S.; revising examination applicant prerequisites; deleting an obsolete provision; revising certain fire system inspection certification training and education criteria; amending s. 633.524, F.S.; authorizing the State Fire Marshal to contract to provide certain examinations; amending s. 633.537, F.S.; revising certain fire system inspection certification training and education criteria; deleting obsolete provisions; amending s. 633.541, F.S.; expanding an exclusion from application of a prohibition against contracting without certification for certain homeowners; amending s. 633.72, F.S.; revising the membership terms of the Fire Code Advisory Council; amending s. 633.811, F.S.; expanding authority of the division to enforce provisions of law and rules applicable to employers; authorizing assessment of administrative fines; amending s. 633.821, F.S.; deleting certain obsolete provisions requiring counties, municipalities, and special districts to implement certain provisions of federal law; providing an effective date.
NOTICE: [A> UPPERCASE TEXT WITHIN THESE SYMBOLS IS ADDED [D> Text within these symbols is deleted
TEXT: Be It Enacted by the Legislature of the State of Florida:
Section 1. Paragraph (e) of subsection (1) of section 218.23, Florida Statutes, is amended to read:
218.23 Revenue sharing with units of local government.--
(1) To be eligible to participate in revenue sharing beyond the minimum entitlement in any fiscal year, a unit of local government is required to have:
(e) Certified that persons in its employ as firefighters, as defined in s.633.30 [D> (1) Division of State Fire Marshal pursuant to the provisions of ss. 633.34 and 633.35 and that the provisions of s. 633.382 have been met.
Additionally, to receive its share of revenue sharing funds, a unit of local government shall certify to the Department of Revenue that the requirements of s. 200.065, if applicable, were met. The certification shall be made annually within 30 days of adoption of an ordinance or resolution establishing a final property tax levy or, if no property tax is levied, not later than November 1. The portion of revenue sharing funds which, pursuant to this part, would otherwise be distributed to a unit of local government which has not certified compliance or has otherwise failed to meet the requirements of s. 200.065 shall be deposited in the General Revenue Fund for the 12 months following a determination of noncompliance by the department.
Section 2. Paragraph (b) of subsection (4) of section 447.203, Florida Statutes, is amended to read:
447.203 Definitions.--As used in this part:
(4) "Managerial employees" are those employees who:
(b) Serve as police chiefs, fire chiefs, or directors of public safety of any police, fire, or public safety department. Other police officers, as defined in s. 943.10(1), and firefighters, as defined in s. 633.30 [D> (1) determined by the commission to be managerial employees of such departments. In making such determinations, the commission shall consider, in addition to the criteria established in paragraph (a), the paramilitary organizational structure of the department involved.
However, in determining whether an individual is a managerial employee pursuant to either paragraph (a) or paragraph (b), above, the commission may consider historic relationships of the employee to the public employer and to coemployees.
Section 3. Subsection (1) of section 553.895, Florida Statutes, is amended to read:
(1) Any transient public lodging establishment, as defined in chapter 509 and used primarily for transient occupancy as defined in s. 83.43(10), or any timeshare unit of a timeshare plan as defined in chapters 718 and 721, which is of three stories or more and for which the construction contract has been let after September 30, 1983, with interior corridors which do not have direct access from the guest area to exterior means of egress and on buildings over 75 feet in height that have direct access from the guest area to exterior means of egress and for which the construction contract has been let after September 30, 1983, shall be equipped with an automatic sprinkler system installed in compliance with [A> THE CURRENT EDITION OF THE APPLICABLE FIRE SPRINKLER STANDARDS ADOPTED BY THE STATE FIRE MARSHAL. the provisions prescribed in the National Fire Protection Association publication NFPA No. 13 (1985), "Standards for the Installation of Sprinkler Systems." each timeshare unit shall be equipped with an approved listed single-station smoke detector meeting the minimum requirements of NFPA [A> 72, "NATIONAL FIRE ALARM CODE," THE CURRENT EDITION ADOPTED BY THE STATE FIRE MARSHAL, 74 (1984) "Standards for the Installation, Maintenance and Use of Household Fire Warning Equipment," notwithstanding the number of stories in the structure, if the contract for construction is let after September 30, 1983. Single-station smoke detectors shall not be required when guest rooms or timeshare units contain smoke detectors connected to a central alarm system which also alarms locally.
Section 4. Section 633.02, Florida Statutes, is amended to read:
633.02 Agents; powers and duties; compensation.--The State Fire Marshal shall appoint such agents as may be necessary to carry out effectively the provisions of this chapter, who shall be reimbursed for travel expenses as provided in s. 112.061, in addition to their salary, when traveling or making investigations in the performance of their duties. Such agents shall be at all times under the direction and control of the [A> STATE shall fix their compensation, and all orders shall be issued in the [A> STATE
Section 5. Paragraph (d) of subsection (5) and subsection (9) of section 633.021, Florida Statutes, are amended to read:
633.021 Definitions.--As used in this chapter:
(5)(d) "Contractor IV" means a contractor whose business is limited to the execution of contracts requiring the ability to lay out, fabricate, install, inspect, alter, repair, and service automatic fire sprinkler systems for [A> OCCUPANCIES PROTECTED WITHIN THE SCOPE OF NFPA 13D, THE "STANDARD FOR THE INSTALLATION OF SPRINKLER SYSTEMS IN ONE- AND TWO-FAMILY DWELLINGS AND MANUFACTURED HOMES," detached one-family dwellings, detached two-family dwellings, and mobile homes, single-family homes in cluster units, such as apartments, condominiums, and assisted living facilities or any building that is connected to other dwellings.
The definitions in this subsection must not be construed to include fire protection engineers or architects and do not limit or prohibit a licensed fire protection engineer or architect from designing any type of fire protection system. A distinction is made between system design concepts prepared by the design professional and system layout as defined in this section and typically prepared by the contractor. However, persons certified as a Contractor I, Contractor II, or Contractor IV under this chapter may design fire protection systems of 49 or fewer sprinklers, and may design the alteration of an existing fire sprinkler system if the alteration consists of the relocation, addition, or deletion of not more than 49 sprinklers, notwithstanding the size of the existing fire sprinkler system. A Contractor I, Contractor II, or Contractor IV may design a fire protection system the scope of which complies with NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, as adopted by the State Fire Marshal, notwithstanding the number of fire sprinklers. Contractor-developed plans may not be required by any local permitting authority to be sealed by a registered professional engineer.
(9) A "fire protection system" is a system individually designed to protect the interior or exterior of a specific building [A> OR BUILDINGS structure, or other special hazard from fire. Such systems include, but are not limited to, water sprinkler systems, water spray systems, foam-water sprinkler systems, foam-water spray systems, CO2 systems, foam extinguishing systems, dry chemical systems, and Halon and other chemical systems used for fire protection use. Such systems also include any overhead and underground fire mains, fire hydrants and hydrant mains, standpipes and hoses connected to sprinkler systems, sprinkler tank heaters, air lines, thermal systems used in connection with fire sprinkler systems, and tanks and pumps connected to fire sprinkler systems.
Section 6. Subsection (11) is added to section 633.025, Florida Statutes, to read:
633.025 Minimum firesafety standards.--
[A> (11)(A) THE PLANS FOR, AND INSPECTIONS OF, MANUFACTURED BUILDINGS MAY BE COMPLETED AT THE POINT OF MANUFACTURE AS LONG AS THE FOLLOWING REQUIREMENTS ARE MET:
[A> 1. THE PERSON REVIEWING THE PLANS AND INSPECTING THE MANUFACTURED OR PROTOTYPE BUILDING MUST BE CURRENTLY CERTIFIED AS A FIRESAFETY INSPECTOR UNDER
S. 633.081(2); AND
[A> 2. THE MANUFACTURER'S MODULAR DATA PLATE, STATING THAT THE BUILDING IS IN COMPLIANCE WITH CHAPTER 633 AND THE RULES OF THE DEPARTMENT, HAS BEEN AFFIXED TO THE BUILDING.
[A> (B) THE LOCAL FIRE OFFICIAL SHALL RECOGNIZE AND APPROVE SUCH MANUFACTURED BUILDING, SUBJECT TO LOCAL FIRE CODE AMENDMENTS, ACCEPTABLE PERFORMANCE TESTING OF LIFE SAFETY SYSTEMS, AND SITE CONDITIONS. THE COST OF ANY ADDITIONAL WORK NECESSARY TO MEET THESE REQUIREMENTS, IF ANY, SHALL BE BORNE BY THE MANUFACTURER. THE DEPARTMENT MAY ADOPT RULES TO ADMINISTER THIS SUBSECTION.
Section 7. Section 633.026, Florida Statutes, is amended to read:
633.026 [D> Informal Code.--
[A> (1) IT IS THE INTENT OF THE LEGISLATURE THAT THE FLORIDA FIRE PREVENTION CODE BE INTERPRETED BY FIRE OFFICIALS AND LOCAL ENFORCEMENT AGENCIES IN A MANNER THAT PROTECTS THE PUBLIC SAFETY, HEALTH, AND WELFARE BY ENSURING UNIFORM INTERPRETATIONS OF THE FLORIDA FIRE PREVENTION CODE THROUGHOUT THE STATE AND BY PROVIDING PROCESSES FOR RESOLVING DISPUTES REGARDING THOSE INTERPRETATIONS THAT ARE JUST AND EXPEDITIOUS. IT IS THE INTENT OF THE LEGISLATURE THAT THE PROCESS PROVIDE FOR THE EXPEDITIOUS RESOLUTION OF THE ISSUES PRESENTED AND PUBLICATION OF THE RESULTING INTERPRETATION ON THE WEBSITE OF THE DIVISION OF STATE FIRE MARSHAL. IT IS THE INTENT OF THE LEGISLATURE THAT THIS PROGRAM BE SIMILAR TO THE PROGRAM ESTABLISHED BY THE FLORIDA BUILDING COMMISSION IN S. 553.775(3)(H).
[A> (2)(A) A an informal AND BINDING INTERPRETATIONS Division of State Fire Marshal may contract with and refer interpretive issues to a nonprofit organization that has experience in interpreting and enforcing the Florida Fire Prevention Code. [D> The Division of State Fire Marshal shall immediately implement the process prior to the completion of formal rulemaking.
[A> ESTABLISH create FIRE CODE INTERPRETATION COMMITTEE COMPOSED OF SEVEN PERSONS AND SEVEN ALTERNATES EQUALLY REPRESENTING EACH AREA OF THE STATE process to refer questions to a small group of individuals certified under s. 633.081(2), the interpretation of [D> code OF THE FLORIDA FIRE PREVENTION CODE
[A> (B) EACH OF THE DESIGNATED SEVEN MEMBERS AND SEVEN ALTERNATES OF THE FIRE CODE INTERPRETATION COMMITTEE MUST BE CERTIFIED AS A FIRE SAFETY INSPECTOR PURSUANT TO THE PROVISIONS OF S. 633.081(2), AND MUST HAVE A MINIMUM OF 5 YEARS' EXPERIENCE INTERPRETING AND ENFORCING PROVISIONS OF THE FLORIDA FIRE PREVENTION CODE AND LIFE SAFETY CODES. EACH MEMBER MUST BE ACCEPTED BY THE DIVISION OF STATE FIRE MARSHAL AS MEETING THESE REQUIREMENTS AT LEAST 30 DAYS BEFORE PARTICIPATING IN A REVIEW OF A NONBINDING OR BINDING INTERPRETATION.
[A> (C) EACH NONBINDING INTERPRETATION OF CODE MUST BE PROVIDED WITHIN 10 BUSINESS DAYS AFTER RECEIPT OF A PETITION FOR INTERPRETATION, AND EACH BINDING INTERPRETATION OF CODE MUST BE PROVIDED WITHIN 21 DAYS AFTER RECEIPT OF A PETITION FOR INTERPRETATION. THE TIME PERIODS SET FORTH IN THIS PARAGRAPH MAY BE WAIVED ONLY UPON THE WRITTEN CONSENT OF BOTH PARTIES. It is the intent of the Legislature that the process provide for the expeditious resolution of the issues presented and publication of the resulting interpretation on the website of the Division of State Fire Marshal. It is the intent of the Legislature that this program be similar to the program established by the Florida Building Commission in s. 553.775(3)(g).
[A> (D)1. NONBINDING Such ARE shall be NOT BINDING nonbinding or the State Fire Marshal.
[A> 2. BINDING INTERPRETATIONS ARE BINDING ON THE LOCAL FIRE OFFICIAL AND THE OWNER OR CONTRACTOR NAMED IN THE PETITION BEING INTERPRETED UNLESS SUCH INTERPRETATION IS SUPERSEDED BY A DECLARATORY STATEMENT ISSUED BY THE STATE FIRE MARSHAL.
[A> (3) SHALL CHARGE may adopt by rule and impose OF $ 150 nonbinding interpretations [A> AND A FEE OF $ 250 FOR BINDING INTERPRETATIONS. THE DEPARTMENT MAY PERMIT THE FEES TO BE PAID DIRECTLY TO THE NONPROFIT ORGANIZATION SELECTED IN ACCORDANCE WITH SUBSECTION (2) , with payment made directly to the third party. The fee may not exceed $ 150 for each request for a review or interpretation
[A> (4) ANY PARTY TO THE INTERPRETATION WHO IS IN DISAGREEMENT WITH THE NONBINDING INTERPRETATION OR THE BINDING INTERPRETATION ISSUED IN ACCORDANCE WITH THIS SECTION MAY APPLY FOR A FORMAL INTERPRETATION FROM THE DEPARTMENT AS PROVIDED IN S. 633.01(6).
[A> (5) UPON WRITTEN APPLICATION BY AN OWNER, CONTRACTOR, OR FIRE OFFICIAL, THE DEPARTMENT SHALL ISSUE OR CAUSE TO BE ISSUED A NONBINDING INTERPRETATION OR A BINDING INTERPRETATION OF THE FLORIDA FIRE PREVENTION CODE AS PRESCRIBED IN THIS SUBSECTION.
[A> (A) THE DEPARTMENT SHALL ADOPT A FORM FOR THE PETITION, WHICH SHALL BE PUBLISHED ON THE STATE FIRE MARSHAL'S WEB SITE. THE FORM SHALL REQUIRE, AT A MINIMUM:
[A> 1. THE NAME AND ADDRESS OF THE LOCAL FIRE OFFICIAL, INCLUDING THE AGENCY ADDRESS OF THE COUNTY, MUNICIPALITY, OR SPECIAL DISTRICT.
[A> 2. THE NAME AND ADDRESS OF THE OWNER, THE NAME AND AGENCY ADDRESS OF THE CONTRACTOR, AND THE NAME AND ADDRESS OF ANY REPRESENTATIVE OF THE OWNER OR CONTRACTOR.
[A> 3. A STATEMENT OF THE SPECIFIC SECTIONS OF THE FLORIDA FIRE PREVENTION CODE WHICH ARE BEING INTERPRETED BY THE LOCAL FIRE OFFICIAL.
[A> 4. AN EXPLANATION OF HOW THE PETITIONER'S SUBSTANTIAL INTERESTS ARE BEING AFFECTED BY THE LOCAL INTERPRETATION OF THE FLORIDA FIRE PREVENTION CODE.
[A> 5. A STATEMENT OF THE INTERPRETATION GIVEN TO THE SPECIFIC SECTIONS OF THE FLORIDA FIRE PREVENTION CODE BY THE LOCAL FIRE OFFICIAL.
[A> 6. A STATEMENT OF THE INTERPRETATION THE PETITIONER CONTENDS SHOULD BE GIVEN TO THE SPECIFIC SECTIONS OF THE FLORIDA FIRE PREVENTION CODE AND A STATEMENT SUPPORTING THE PETITIONER'S INTERPRETATION.
[A> 7. A STATEMENT FROM THE LOCAL FIRE OFFICIAL WITH AN EXPLANATION OF THE DISPUTED PROVISIONS INCLUDED IN THE PETITION.
[A> (B) THE PETITIONER SHALL SUBMIT THE PETITION TO THE LOCAL FIRE OFFICIAL, WHO SHALL PLACE THE DATE OF RECEIPT ON THE PETITION. THE LOCAL FIRE OFFICIAL SHALL RESPOND TO THE PETITION IN ACCORDANCE WITH THE FORM AND SHALL RETURN THE PETITION TOGETHER WITH HIS OR HER RESPONSE TO THE PETITIONER WITHIN 5 BUSINESS DAYS. THE PETITIONER MAY FILE THE PETITION WITH THE DEPARTMENT AT ANY TIME AFTER THE LOCAL FIRE OFFICIAL PROVIDES A RESPONSE. IF NO RESPONSE IS PROVIDED BY THE LOCAL FIRE OFFICIAL, THE PETITIONER MAY FILE THE PETITION WITH THE DEPARTMENT 10 DAYS AFTER SUBMISSION OF THE PETITION TO THE LOCAL FIRE OFFICIAL AND SHALL NOTE THAT THE LOCAL FIRE OFFICIAL DID NOT RESPOND.
[A> (6) UPON RECEIPT OF A PETITION THAT MEETS THE REQUIREMENTS OF PARAGRAPH (5)(A), THE DEPARTMENT SHALL IMMEDIATELY PROVIDE COPIES OF THE PETITION TO THE FIRE CODE INTERPRETATION COMMITTEE AND PUBLISH THE PETITION AND ANY RESPONSE SUBMITTED BY THE LOCAL FIRE OFFICIAL ON THE STATE FIRE MARSHAL'S WEB SITE.
[A> (7) THE FIRE CODE INTERPRETATION COMMITTEE SHALL CONDUCT PROCEEDINGS AS NECESSARY TO RESOLVE THE ISSUES AND SHALL GIVE DUE REGARD TO THE PETITION, THE FACTS OF THE MATTER, SPECIFIC CODE SECTIONS CITED, AND ANY STATUTORY IMPLICATIONS AFFECTING THE FLORIDA FIRE PREVENTION CODE. THE COMMITTEE SHALL ISSUE AN INTERPRETATION REGARDING THE PROVISIONS OF THE FLORIDA FIRE PREVENTION CODE WITHIN 10 DAYS AFTER THE FILING OF A PETITION FOR A NONBINDING INTERPRETATION AND WITHIN 21 DAYS AFTER THE FILING OF A PETITION FOR A BINDING INTERPRETATION. THE COMMITTEE SHALL RENDER A DETERMINATION BASED UPON THE FLORIDA FIRE PREVENTION CODE OR, IF THE CODE IS AMBIGUOUS, THE INTENT OF THE CODE. THE COMMITTEE'S INTERPRETATION SHALL BE PROVIDED TO THE OWNER, CONTRACTOR, AND FIRE OFFICIAL AND THE INTERPRETATION SHALL INCLUDE A NOTICE THAT IF THE OWNER, CONTRACTOR, OR FIRE OFFICIAL DISAGREES WITH THE INTERPRETATION, THE OWNER, CONTRACTOR, OR FIRE OFFICIAL MAY FILE FOR A FORMAL INTERPRETATION BY THE DEPARTMENT UNDER S. 633.01(6). THE COMMITTEE'S INTERPRETATION SHALL BE PROVIDED TO THE DEPARTMENT, WHICH SHALL PUBLISH THE INTERPRETATION ON THE STATE FIRE MARSHAL'S WEB SITE AND IN THE FLORIDA ADMINISTRATIVE WEEKLY.
[A> (8) LOCAL DECISIONS DECLARING STRUCTURES TO BE UNSAFE AND SUBJECT TO REPAIR OR DEMOLITION ARE NOT SUBJECT TO REVIEW UNDER THIS SECTION AND MAY NOT BE APPEALED TO THE DEPARTMENT IF THE LOCAL GOVERNING BODY FINDS THAT THERE IS AN IMMEDIATE DANGER TO THE HEALTH AND SAFETY OF THE PUBLIC.
Section 8. Section 633.03, Florida Statutes, is amended to read:
633.03 Investigation of [A> FIRES AND EXPLOSIONS fire reports.--The State Fire Marshal shall investigate the cause, origin, and circumstances of every fire [A> OR EXPLOSION wherein [A> THE STATE FIRE MARSHAL DEEMS AN INVESTIGATION IS NECESSARY AND [D> property has been damaged or destroyed to believe that the fire [A> OR EXPLOSION or design. Report of all such investigations shall be made on approved forms to be furnished by the [A> STATE
Section 9. Subsections (1) and (2) and paragraph (a) of subsection (3) of section 633.061, Florida Statutes, are amended to read:
633.061 Fire suppression equipment; license to install or maintain.--
(1) It is unlawful for any organization or individual to engage in the business of servicing, repairing, recharging, testing, marking, inspecting, installing, or hydrotesting any fire extinguisher or preengineered system in this state except in conformity with the provisions of this chapter. Each organization or individual that engages in such activity must possess a valid and subsisting license issued by the State Fire Marshal. All fire extinguishers and preengineered systems required by statute or by rule must be serviced by an organization or individual licensed under the provisions of this chapter. A licensee who receives appropriate training shall not be prohibited by a manufacturer from servicing any particular brand of fire extinguisher or preengineered system. The licensee is legally qualified to act for the business organization in all matters connected with its business, and the licensee must supervise all activities undertaken by such business organization. Each licensee shall maintain a specific business location. A further requirement, in the case of multiple locations where such servicing or recharging is taking place, is that each licensee who maintains more than one place of business where actual work is carried on must possess an additional license, as set forth in this section, for each location, except that a licensed individual may not qualify for more than five locations. A licensee is limited to a specific type of work performed depending upon the class of license held. Licenses and license fees are required for the following:
(a) Class A....$ 250 To service, recharge, repair, install, or inspect all types of fire extinguishers and to conduct hydrostatic tests on all types of fire extinguishers.
(b) Class B....$ 150 To service, recharge, repair, install, or inspect all types of fire extinguishers, including recharging carbon dioxide units and conducting hydrostatic tests on all types of fire extinguishers, except carbon dioxide units.
(c) Class C....$ 150 To service, recharge, repair, install, or inspect all types of fire extinguishers, except recharging carbon dioxide units, and to conduct hydrostatic tests on all types of fire extinguishers, except carbon dioxide units.
(d) Class D....$ 200 To service, repair, recharge, hydrotest, install, or inspect all types of preengineered fire extinguishing systems.
(e) Licenses issued as duplicates or to reflect a change of address....$ 10
Any fire equipment dealer licensed pursuant to this subsection who does not want to engage in the business of servicing, inspecting, recharging, repairing, hydrotesting, or installing [A> CLEAN AGENT halon file an affidavit on a form provided by the division so stating. Licenses will be issued by the division to reflect the work authorized thereunder. It is unlawful, unlicensed activity for any person or firm to falsely hold himself or herself or a business organization out to perform any service, inspection, recharge, repair, hydrotest, or installation except as specifically described in the license.
(2) Each individual actually performing the work of servicing, recharging, repairing, hydrotesting, installing, testing, or inspecting fire extinguishers or preengineered systems must possess a valid and subsisting permit issued by the State Fire Marshal. Permittees are limited as to specific type of work performed to allow work no more extensive than the class of license held by the licensee under whom the permittee is working. Permits will be issued by the division and the fees required are as follows:
(a) Portable permit....$ 90 "Portable permittee" means a person who is limited to performing work no more extensive than the employing licensee in the servicing, recharging, repairing, installing, or inspecting all types of portable fire extinguishers.
(b) Preengineered permit....$ 120 "Preengineered permittee" means a person who is limited to the servicing, recharging, repairing, installing, or inspecting of all types of preengineered fire extinguishing systems.
(c) Permits issued as duplicates or to reflect a change of address....$ 10
Any fire equipment permittee licensed pursuant to this subsection who does not want to engage in servicing, inspecting, recharging, repairing, hydrotesting, or installing [A> CLEAN AGENT halon file an affidavit on a form provided by the division so stating. Permits will be issued by the division to reflect the work authorized thereunder. It is unlawful, unlicensed activity for any person or firm to falsely hold himself or herself out to perform any service, inspection, recharge, repair, hydrotest, or installation except as specifically described in the permit.
(3)(a) Such licenses and permits shall be issued by the State Fire Marshal for 2 years beginning January 1, 2000, and each 2-year period thereafter and expiring December 31 of the second year. All licenses or permits issued will expire on December 31 of each odd-numbered year. The failure to renew a license or permit by December 31 of the second year will cause the license or permit to become inoperative. The holder of an inoperative license or permit shall not engage in any activities for which a license or permit is required by this section. A license or permit which is inoperative because of the failure to renew it shall be restored upon payment of the applicable fee plus a penalty equal to the applicable fee, if the application for renewal is filed no later than the following March 31. If the application for restoration is not made before the March 31st deadline, the fee for restoration shall be equal to the original application fee and the penalty provided for herein, and, in addition, the State Fire Marshal shall require reexamination of the applicant. The fee for a license or permit issued for 1 year or less shall be prorated at 50 percent of the applicable fee for a biennial license or permit. [A> FOLLOWING THE INITIAL LICENSURE, or courses of continuing education for fire equipment technicians of at least [A> 16 32 . A LICENSE OR PERMIT MAY NOT BE RENEWED UNLESS THE LICENSEE OR PERMITTEE PRODUCES DOCUMENTATION OF THE COMPLETION OF AT LEAST 16 HOURS OF CONTINUING EDUCATION FOR FIRE EQUIPMENT TECHNICIANS DURING THE BIENNIAL LICENSURE PERIOD within 4 years of initial issuance of a license or permit and within each 4-year period thereafter or no such license or permit shall be renewed shall be required to complete [A> A TOTAL OF 16 32 continuing education [A> DURING EACH RENEWAL per 4-year licensee shall ensure that all permittees in his or her employment meet their continuing education requirements. The State Fire Marshal shall adopt rules describing the continuing education requirements and shall have the authority upon reasonable belief, to audit a fire equipment dealer to determine compliance with continuing education requirements.
Section 10. Subsection (3) of section 633.071, Florida Statutes, is amended to read:
633.071 Standard service tag required on all fire extinguishers and preengineered systems; serial number required on all portable fire extinguishers; standard inspection tags required on all fire protection systems.--
(3) The State Fire Marshal shall adopt by rule specifications as to the size, shape, color, information, and data contained thereon of inspection tags to be attached to all types of fire protection systems and information required on an inspection report of such an inspection. [A> THE STATE FIRE MARSHAL MAY ADOPT BY RULE STANDARDS FOR THE ATTACHMENT AND PLACEMENT OF FIRE PROTECTION SYSTEM INSPECTION TAGS.
Section 11. Section 633.081, Florida Statutes, is amended to read:
633.081 Inspection of buildings and equipment; orders; firesafety inspection training requirements; certification; disciplinary action.--The State Fire Marshal and her or his agents [A> MAY shall reasonable hour, when the department has reasonable cause to believe that a violation of this chapter or s. 509.215, or a rule promulgated thereunder, or a minimum firesafety code adopted by [A> THE STATE FIRE MARSHAL OR authority, may exist, inspect any and all buildings and structures which are subject to the requirements of this chapter or s. 509.215 and rules promulgated thereunder. The authority to inspect shall extend to all equipment, vehicles, and chemicals which are located [A> ON OR premises of any such building or structure.
(1) Each county, municipality, and special district that has firesafety enforcement responsibilities shall employ or contract with a firesafety inspector. The firesafety inspector must conduct all firesafety inspections that are required by law [A> , EXCEPT AS PROVIDED BY S. 633.082(2)(B) governing body of a county, municipality, or special district that has firesafety enforcement responsibilities may provide a schedule of fees to pay only the costs of inspections conducted pursuant to this subsection and related administrative expenses. Two or more counties, municipalities, or special districts that have firesafety enforcement responsibilities may jointly employ or contract with a firesafety inspector.
(2) [A> EXCEPT AS PROVIDED BY S. 633.082(2)(B), inspection conducted pursuant to state or local firesafety requirements shall be by a person certified as having met the inspection training requirements set by the State Fire Marshal. Such person shall:
(a) Be a high school graduate or the equivalent as determined by the department;
(b) Not have been found guilty of, or having pleaded guilty or nolo contendere to, a felony or a crime punishable by imprisonment of 1 year or more under the law of the United States, or of any state thereof, which involves moral turpitude, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of such cases;
(c) Have her or his fingerprints on file with the department or with an agency designated by the department;
(d) Have good moral character as determined by the department;
(e) Be at least 18 years of age;
(f) Have satisfactorily completed the firesafety inspector certification examination as prescribed by the department; and
(g)1. Have satisfactorily completed, as determined by the department, a firesafety inspector training program of not less than 200 hours established by the department and administered by agencies and institutions approved by the department for the purpose of providing basic certification training for firesafety inspectors; or
2. Have received in another state training which is determined by the department to be at least equivalent to that required by the department for approved firesafety inspector education and training programs in this state.
(3) [A> (A)1. EFFECTIVE JULY 1, 2011, THE CLASSIFICATION OF SPECIAL STATE FIRESAFETY INSPECTOR IS ABOLISHED AND ALL SPECIAL STATE FIRESAFETY INSPECTOR CERTIFICATIONS EXPIRE AT MIDNIGHT JUNE 30, 2011.
[A> 2. ANY PERSON WHO IS A SPECIAL STATE FIRESAFETY INSPECTOR ON JUNE 30, 2011, AND WHO HAS FAILED TO COMPLY WITH PARAGRAPH (B) OR PARAGRAPH (C) IS NOT PERMITTED TO PERFORM ANY FIRESAFETY INSPECTION REQUIRED BY LAW.
[A> 3. A SPECIAL STATE FIRESAFETY INSPECTOR CERTIFICATION MAY NOT BE AWARDED AFTER JUNE 30, 2009.
[A> (B)1. ANY PERSON WHO IS A SPECIAL STATE FIRESAFETY INSPECTOR ON JULY 1, 2009, AND WHO HAS AT LEAST 5 YEARS OF EXPERIENCE AS A SPECIAL STATE FIRESAFETY INSPECTOR AS OF JULY 1, 2009, MAY TAKE THE SAME FIRESAFETY INSPECTION EXAMINATION AS PROVIDED IN PARAGRAPH (2)(F) FOR FIRESAFETY INSPECTORS BEFORE JULY 1, 2011, TO BE CERTIFIED AS A FIRESAFETY INSPECTOR DESCRIBED IN SUBSECTION (2).
[A> 2. UPON PASSING THE EXAMINATION, THE PERSON SHALL BE CERTIFIED AS A FIRESAFETY INSPECTOR AS PROVIDED IN SUBSECTION (2).
[A> 3. FAILURE TO OBTAIN CERTIFICATION REQUIRES COMPLIANCE WITH PARAGRAPH (C) TO BE CERTIFIED AS A FIRESAFETY INSPECTOR AS PROVIDED IN SUBSECTION (2).
[A> (C)1. TO BE CERTIFIED AS A FIRESAFETY INSPECTOR AS PROVIDED IN SUBSECTION (2), ANY PERSON WHO:
[A> A. IS A SPECIAL STATE FIRESAFETY INSPECTOR ON JULY 1, 2009, AND WHO DOES NOT HAVE 5 YEARS OF EXPERIENCE AS A SPECIAL STATE FIRESAFETY INSPECTOR AS OF JULY 1, 2009; OR
[A> B. HAS 5 YEARS OF EXPERIENCE AS A SPECIAL STATE FIRESAFETY INSPECTOR BUT HAS FAILED THE EXAMINATION TAKEN PURSUANT TO PARAGRAPH (B),
[A> MUST TAKE AN ADDITIONAL 80 HOURS OF THE COURSES DESCRIBED IN PARAGRAPH (2)(G).
[A> 2. AFTER SUCCESSFULLY COMPLETING THE COURSES DESCRIBED IN THIS PARAGRAPH, SUCH PERSON IS PERMITTED TO TAKE THE FIRESAFETY INSPECTION EXAMINATION DESCRIBED IN PARAGRAPH (2)(F), IF SUCH EXAMINATION IS TAKEN BEFORE JULY 1, 2011.
[A> 3. UPON PASSING THE EXAMINATION, THE PERSON IS CERTIFIED AS A FIRESAFETY INSPECTOR AS PROVIDED IN SUBSECTION (2).
[A> 4. A PERSON WHO FAILS THE COURSE OF STUDY OR THE EXAMINATION DESCRIBED IN THIS PARAGRAPH MAY NOT PERFORM ANY FIRESAFETY INSPECTION REQUIRED BY LAW ON OR AFTER JULY 1, 2011 Each special state firesafety inspection which is required by law and is conducted by or on behalf of an agency of the state must be performed by an individual who has met the provision of subsection (2), except that the duration of the training program shall not exceed 120 hours of specific training for the type of property that such special state firesafety inspectors are assigned to inspect
(4) A firefighter certified pursuant to s. 633.35 may conduct firesafety inspections, under the supervision of a certified firesafety inspector, while on duty as a member of a fire department company conducting inservice firesafety inspections without being certified as a firesafety inspector, if such firefighter has satisfactorily completed an inservice fire department company inspector training program of at least 24 hours' duration as provided by rule of the department.
(5) Every firesafety inspector [D> or special state firesafety inspector certificate is valid for a period of 3 years from the date of issuance. Renewal of certification shall be subject to the affected person's completing proper application for renewal and meeting all of the requirements for renewal as established under this chapter or by rule [A> ADOPTED promulgated thereunder, which shall include completion of at least 40 hours during the preceding 3-year period of continuing education as required by the rule of the department or, in lieu thereof, successful passage of an examination as established by the department.
(6) The State Fire Marshal may deny, refuse to renew, suspend, or revoke the certificate of a firesafety inspector [D> or special state firesafety inspector
(a) Any cause for which issuance of a certificate could have been refused had it then existed and been known to the State Fire Marshal.
(b) Violation of this chapter or any rule or order of the State Fire Marshal.
(c) Falsification of records relating to the certificate.
(d) Having been found guilty of or having pleaded guilty or nolo contendere to a felony, whether or not a judgment of conviction has been entered.
(e) Failure to meet any of the renewal requirements.
(f) Having been convicted of a crime in any jurisdiction which directly relates to the practice of fire code inspection, plan review, or administration.
(g) Making or filing a report or record that the certificateholder knows to be false, or knowingly inducing another to file a false report or record, or knowingly failing to file a report or record required by state or local law, or knowingly impeding or obstructing such filing, or knowingly inducing another person to impede or obstruct such filing.
(h) Failing to properly enforce applicable fire codes or permit requirements within this state which the certificateholder knows are applicable by committing willful misconduct, gross negligence, gross misconduct, repeated negligence, or negligence resulting in a significant danger to life or property.
(i) Accepting labor, services, or materials at no charge or at a noncompetitive rate from any person who performs work that is under the enforcement authority of the certificateholder and who is not an immediate family member of the certificateholder. For the purpose of this paragraph, the term "immediate family member" means a spouse, child, parent, sibling, grandparent, aunt, uncle, or first cousin of the person or the person's spouse or any person who resides in the primary residence of the certificateholder.
(7) The department shall provide by rule for the certification of firesafety inspectors.
[A> (8) THE STATE FIRE MARSHAL MAY DEVELOP BY RULE AN ADVANCED TRAINING AND CERTIFICATION PROGRAM FOR FIRESAFETY INSPECTORS WITH FIRE CODE MANAGEMENT RESPONSIBILITY. THIS PROGRAM SHALL BE CONSISTENT WITH NATIONAL STANDARDS. THE PROGRAM SHALL ESTABLISH MINIMUM TRAINING, EDUCATION, AND EXPERIENCE LEVELS FOR FIRE SAFETY INSPECTORS WITH FIRE CODE MANAGEMENT RESPONSIBILITIES.
[A> (9) THE DIVISION OF STATE FIRE MARSHAL MAY ENTER INTO A RECIPROCITY AGREEMENT WITH THE FLORIDA BUILDING CODE ADMINISTRATORS AND INSPECTORS BOARD, ESTABLISHED PURSUANT TO S. 468.605, TO FACILITATE JOINT RECOGNITION OF CONTINUING EDUCATION RECERTIFICATION HOURS FOR CERTIFICATEHOLDERS LICENSED IN ACCORDANCE WITH S. 468.609 AND FIRESAFETY INSPECTORS CERTIFIED IN ACCORDANCE WITH SUBSECTION (2).
Section 12. Subsection (2) of section 633.082, Florida Statutes, is amended, and subsection (6) is added to that section, to read:
633.082 Inspection of fire control systems, fire hydrants, and fire protection systems.--
(2) Fire hydrants and fire protection systems installed in public and private properties, except one-family or two-family dwellings, in this state shall be inspected following procedures established in the nationally recognized inspection, testing, and maintenance standards [D> NFPA-24 and NFPA-25 as set forth in the edition
[A> (A) ALL ALARM SYSTEMS SHALL BE SERVICED, TESTED, REPAIRED, INSPECTED, AND IMPROVED IN COMPLIANCE WITH THE PROVISIONS OF THE APPLICABLE STANDARDS OF THE NATIONAL FIRE PROTECTION ASSOCIATION ADOPTED BY THE STATE FIRE MARSHAL PURSUANT TO AUTHORITY SPECIFIED IN SS. 633.071 AND 633.701.
[A> (B) FIRE HYDRANTS OWNED BY PUBLIC GOVERNMENTAL ENTITIES SHALL BE INSPECTED FOLLOWING PROCEDURES ESTABLISHED IN THE NATIONALLY RECOGNIZED INSPECTION, TESTING, AND MAINTENANCE STANDARDS NFPA-24 AND NFPA-25 AS SET FORTH IN THE EDITION ADOPTED BY THE STATE FIRE MARSHAL. COUNTY, MUNICIPAL, AND SPECIAL DISTRICT UTILITIES MAY COMPLY WITH THIS SECTION WITH DESIGNATED EMPLOYEES NOTWITHSTANDING THE REQUIREMENTS OF S. 633.081. HOWEVER, PRIVATE CONTRACTORS MUST BE LICENSED PURSUANT TO THIS CHAPTER.
[A> (C) FIRE PROTECTION SYSTEMS INSTALLED IN PUBLIC AND PRIVATE PROPERTIES, AND PRIVATE HYDRANTS THAT ARE ATTACHED TO AND AN INTEGRAL PART OF THE FIRE PROTECTION SYSTEM, SHALL BE INSPECTED FOLLOWING PROCEDURES ESTABLISHED IN THE NATIONALLY RECOGNIZED INSPECTION, TESTING, AND MAINTENANCE STANDARDS ADOPTED BY THE STATE FIRE MARSHAL. consistent with the contractual provisions with the owner shall be conducted by the certificateholder or permittees employed by the certificateholder pursuant to s. 633.521.
[A> (6) FIRE SPRINKLERS THAT HAVE BEEN LISTED BY THE MANUFACTURER OR A GOVERNMENT ENTITY AS RECALLED OR TO BE REPLACED MUST BE REPLACED. IT IS THE OBLIGATION OF THE OWNER TO DETERMINE REPLACEMENT COST RECOVERY FROM THE MANUFACTURER.
Section 13. Paragraph (a) of subsection (1) and subsections (2), (3), and (4) of section 633.085, Florida Statutes, are amended to read:
633.085 Inspections of state buildings and premises; tests of firesafety equipment; building plans to be approved.--
(1)(a) It is the duty of the State Fire Marshal and her or his agents to inspect, or cause to be inspected, each state- owned building [A> AND EACH BUILDING LOCATED ON LAND OWNED BY THE STATE AND USED PRIMARILY FOR STATE PURPOSES AS DETERMINED BY THE STATE FIRE MARSHAL, SUCH BUILDINGS TO BE REFERRED TO IN THIS SECTION AS A STATE-OWNED BUILDING OR STATE-OWNED BUILDINGS, recurring basis established by rule, and to ensure that high- hazard occupancies are inspected at least annually, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire or endanger life from fire and any violation of the firesafety standards for state-owned buildings, the provisions of this chapter, or the rules or regulations adopted and promulgated pursuant hereto. The State Fire Marshal shall, within 7 days following an inspection, submit a report of such inspection to the head of the department of state government responsible for the building.
(2) The State Fire Marshal and her or his agents [A> MAY shall conduct performance tests on any electronic fire warning and smoke detection system, and any pressurized air-handling unit, in any state-owned [A> BUILDING The State Fire Marshal and her or his agents shall also ensure that fire drills are conducted in all [A> HIGH-HAZARD BUILDINGS HIGH-HAZARD high-hazard
(3) All construction of any new, or renovation, alteration, or change of occupancy of any existing, state-owned [A> BUILDING shall comply with the uniform firesafety standards of the State Fire Marshal.
(a) For all new construction or renovation, alteration, or change of occupancy of state-leased space, compliance with the uniform firesafety standards shall be determined by reviewing the plans for the proposed construction or occupancy submitted by the lessor to the Division of State Fire Marshal for review and approval prior to commencement of construction or occupancy, which review shall be completed within 10 working days after receipt of the plans by the Division of State Fire Marshal.
(b) The plans for all construction of any new, or renovation or alteration of any existing, state-owned building are subject to the review and approval of the Division of State Fire Marshal for compliance with the uniform firesafety standards prior to commencement of construction or change of occupancy, which review shall be completed within 30 calendar days of receipt of the plans by the Division of State Fire Marshal.
(4) The Division of State Fire Marshal may inspect state- owned [A> BUILDINGS AND construction, renovation, or alteration to ascertain compliance with the uniform firesafety standards. Whenever the Division of State Fire Marshal determines by virtue of such inspection or by review of plans that construction, renovation, or alteration of state-owned [A> BUILDINGS compliance with the uniform firesafety standards, the Division of State Fire Marshal shall issue an order to cease construction, renovation, or alteration, or to preclude occupancy, of a building until compliance is obtained, except for those activities required to achieve such compliance.
Section 14. Section 633.101, Florida Statutes, is amended to read:
633.101 Hearings; investigations; investigatory powers of State Fire Marshal; costs of service and witness fees.--
(1) The State Fire Marshal may in his or her discretion take or cause to be taken the testimony on oath of all persons whom he or she believes to be cognizant of any facts in relation to matters under investigation. [A> THE STATE FIRE MARSHAL MAY ADMINISTER OATHS AND AFFIRMATIONS, COMPEL THE ATTENDANCE OF WITNESSES OR PROFFERING OF MATTER, AND COLLECT EVIDENCE.
(2) [A> IF THE STATE FIRE MARSHAL SEEKS TO OBTAIN BY REQUEST ANY MATTER THAT, OR THE TESTIMONY OF ANY PERSON WHO, IS LOCATED OUTSIDE THE STATE, THE PERSON REQUESTED SHALL PROVIDE THE TESTIMONY TO THE STATE FIRE MARSHAL OR MAKE THE MATTER AVAILABLE TO THE STATE FIRE MARSHAL TO EXAMINE AT THE PLACE WHERE THE MATTER IS LOCATED. THE STATE FIRE MARSHAL MAY DESIGNATE REPRESENTATIVES, INCLUDING OFFICIALS OF THE STATE IN WHICH THE MATTER IS LOCATED, TO INSPECT THE MATTER ON BEHALF OF THE STATE FIRE MARSHAL, AND THE STATE FIRE MARSHAL MAY RESPOND TO SIMILAR REQUESTS FROM OFFICIALS OF OTHER STATES. If the State Fire Marshal shall be of the opinion that there is sufficient evidence to charge any person with an offense, he or she shall cause the arrest of such person and shall furnish to the prosecuting officer of any court having jurisdiction of said offense all information obtained by him or her, including a copy of all pertinent and material testimony taken, together with the names and addresses of all witnesses. In the conduct of such investigations, the fire marshal may request such assistance as may reasonably be given by such prosecuting officers and other local officials.
[A> (3)(A) THE STATE FIRE MARSHAL MAY REQUEST THAT AN INDIVIDUAL WHO REFUSES TO COMPLY WITH ANY REQUEST MADE UNDER SUBSECTION (2) BE ORDERED BY THE CIRCUIT COURT TO PROVIDE THE TESTIMONY OR MATTER. THE COURT MAY NOT ORDER SUCH COMPLIANCE UNLESS THE STATE FIRE MARSHAL HAS DEMONSTRATED TO THE SATISFACTION OF THE COURT THAT THE TESTIMONY OF THE WITNESS OR THE MATTER UNDER REQUEST HAS A DIRECT BEARING ON MATTER UNDER THE JURISDICTION OF THE STATE FIRE MARSHAL, CONSTITUTES A FELONY OR MISDEMEANOR UNDER THE LAWS OF THIS STATE, OR IS PERTINENT AND NECESSARY TO FURTHER SUCH INVESTIGATION.
[A> (B) EXCEPT IN A PROSECUTION FOR PERJURY, AN INDIVIDUAL WHO COMPLIES WITH A COURT ORDER TO PROVIDE TESTIMONY OR MATTER AFTER ASSERTING A PRIVILEGE AGAINST SELF-INCRIMINATION TO WHICH THE INDIVIDUAL IS ENTITLED BY LAW MAY NOT BE SUBJECTED TO A CRIMINAL PROCEEDING OR TO A CIVIL PENALTY WITH RESPECT TO THE ACT CONCERNING THAT WHICH THE INDIVIDUAL IS REQUIRED TO TESTIFY OR PRODUCE RELEVANT MATTER.
[A> (C) IN THE ABSENCE OF FRAUD OR BAD FAITH, A PERSON IS NOT SUBJECT TO CIVIL LIABILITY FOR LIBEL, SLANDER, OR ANY OTHER RELEVANT TORT BY VIRTUE OF FILING REPORTS, WITHOUT MALICE, OR FURNISHING OTHER INFORMATION, WITHOUT MALICE, REQUIRED BY THIS CHAPTER OR REQUIRED BY THE STATE FIRE MARSHAL UNDER THE AUTHORITY GRANTED IN THIS CHAPTER, AND NO CIVIL CAUSE OF ACTION OF ANY NATURE SHALL ARISE AGAINST SUCH PERSON FOR:
[A> 1. ANY INFORMATION RELATING TO A MATTER UNDER THE JURISDICTION OF THE STATE FIRE MARSHAL, SUSPECTED VIOLATIONS OF THE LAWS OF THIS STATE, OR PERSONS SUSPECTED OF ENGAGING IN SUCH ACTS FURNISHED TO OR RECEIVED FROM LAW ENFORCEMENT OFFICIALS OR THEIR AGENTS OR EMPLOYEES;
[A> 2. ANY INFORMATION RELATING TO ANY MATTER UNDER THE JURISDICTION OF THE STATE FIRE MARSHAL, SUSPECTED VIOLATIONS OF THE LAWS OF THIS STATE, OR PERSONS SUSPECTED OF ENGAGING IN SUCH ACTS FURNISHED TO OR RECEIVED FROM OTHER PERSONS SUBJECT TO THE PROVISIONS OF THIS CHAPTER;
[A> 3. ANY INFORMATION FURNISHED IN REPORTS TO THE STATE FIRE MARSHAL OR ANY LOCAL, STATE, OR FEDERAL ENFORCEMENT OFFICIALS OR THEIR AGENTS OR EMPLOYEES; OR
[A> 4. OTHER ACTIONS TAKEN IN COOPERATION WITH ANY OF THE AGENCIES OR INDIVIDUALS SPECIFIED IN THIS PARAGRAPH IN THE LAWFUL INVESTIGATION OF VIOLATIONS UNDER THE JURISDICTION OF THE STATE FIRE MARSHAL OR SUSPECTED VIOLATIONS OF THE LAWS OF THIS STATE.
[A> (D) IN ADDITION TO THE IMMUNITY GRANTED IN PARAGRAPH (C), PERSONS IDENTIFIED AS EMPLOYEES OF OR CONSULTANTS TO INSURERS WHOSE RESPONSIBILITIES INCLUDE THE INVESTIGATION AND DISPOSITION OF VIOLATIONS UNDER THE JURISDICTION OF THE STATE FIRE MARSHAL OR THE LAWS OF THIS STATE AND CLAIMS RELATING TO SUSPECTED FRAUDULENT INSURANCE ACTS MAY SHARE INFORMATION RELATING TO PERSONS SUSPECTED OF SUCH ACTS WITH OTHER EMPLOYEES OR CONSULTANTS EMPLOYED BY THE SAME OR OTHER INSURERS WHOSE RESPONSIBILITIES INCLUDE SUCH ACTS. UNLESS THE EMPLOYEES OF OR CONSULTANTS TO THE INSURER ACT IN BAD FAITH OR IN RECKLESS DISREGARD FOR THE RIGHTS OF ANY INSURED, THE INSURER OR ITS DESIGNATED EMPLOYEES ARE NOT CIVILLY LIABLE FOR LIBEL, SLANDER, OR ANY OTHER RELEVANT TORT, AND A CIVIL ACTION DOES NOT ARISE AGAINST THE INSURER OR ITS DESIGNATED EMPLOYEES FOR:
[A> 1. ANY INFORMATION RELATED TO ANY MATTER UNDER THE JURISDICTION OF THE STATE FIRE MARSHAL OR SUSPECTED VIOLATIONS OF THE LAWS OF THIS STATE; OR
[A> 2. ANY INFORMATION RELATING TO ANY MATTER UNDER THE JURISDICTION OF THE STATE FIRE MARSHAL OR VIOLATIONS OF THE LAWS OF THIS STATE PROVIDED TO THE NATIONAL INSURANCE CRIME BUREAU OR THE NATIONAL ASSOCIATION OF INSURANCE COMMISSIONERS.
[A> HOWEVER, THE QUALIFIED IMMUNITY AGAINST CIVIL LIABILITY CONFERRED ON ANY INSURER OR ITS EMPLOYEES AND CONSULTANTS SHALL BE FORFEITED WITH RESPECT TO THE EXCHANGE OR PUBLICATION OF ANY DEFAMATORY INFORMATION WITH THIRD PERSONS NOT EXPRESSLY AUTHORIZED BY THIS PARAGRAPH TO SHARE IN SUCH INFORMATION.
[A> (E) THIS SECTION DOES NOT ABROGATE OR MODIFY IN ANY WAY ANY COMMON-LAW OR STATUTORY PRIVILEGE OR IMMUNITY OTHERWISE ENJOYED BY ANY PERSON.
[A> (F) FOR THE PURPOSE OF THIS SECTION, THE TERM "CONSULTANT" MEANS ANY INDIVIDUAL OR ENTITY, OR EMPLOYEE OF THE INDIVIDUAL OR ENTITY, RETAINED BY AN INSURER TO ASSIST IN THE INVESTIGATION OF A FIRE, EXPLOSION, OR SUSPECTED FRAUDULENT INSURANCE ACT.
[D> (3) The fire marshal may summon and compel the attendance of witnesses before him or her to testify in relation to any manner which is, by the provisions of this chapter, a subject of inquiry and investigation, and he or she may require the production of any book, paper or document deemed pertinent thereto by him or her, and may seize furniture and other personal property to be
held for evidence.
(4) [A> PAPERS, DOCUMENTS, REPORTS, OR EVIDENCE RELATIVE TO THE SUBJECT OF AN INVESTIGATION UNDER THIS SECTION ARE NOT SUBJECT TO DISCOVERY UNTIL THE INVESTIGATION IS COMPLETED OR CEASES TO BE ACTIVE. AGENTS OF THE STATE FIRE MARSHAL ARE NOT SUBJECT TO SUBPOENA IN CIVIL ACTIONS BY ANY COURT OF THIS STATE TO TESTIFY CONCERNING ANY MATTER OF WHICH THEY HAVE KNOWLEDGE PURSUANT TO A PENDING INVESTIGATION BY THE STATE FIRE MARSHAL. All persons so summoned and so testifying shall be entitled to the same witness fees and mileage as provided for witnesses testifying in the circuit courts of this state, and officers serving subpoenas or orders of the fire marshal shall be paid in like manner for like services in such courts, from the funds herein provided.
[A> (5) ANY PERSON, OTHER THAN AN INSURER, AGENT, OR OTHER PERSON LICENSED UNDER THE FLORIDA INSURANCE CODE, OR AN EMPLOYEE OF SUCH LICENSEE, HAVING KNOWLEDGE OR A BELIEF THAT A CRIME INVOLVING ARSON, A DESTRUCTIVE DEVICE, AN ILLEGAL POSSESSION OF EXPLOSIVES, A FRAUDULENT INSURANCE ACT, OR ANY OTHER ACT OR PRACTICE WHICH, UPON CONVICTION, CONSTITUTES A FELONY OR A MISDEMEANOR UNDER THE LAWS OF THIS STATE IS BEING OR HAS BEEN COMMITTED MAY SUBMIT TO THE STATE FIRE MARSHAL A REPORT OR INFORMATION PERTINENT TO SUCH KNOWLEDGE OR BELIEF AND SUCH ADDITIONAL INFORMATION RELATIVE TO SUCH KNOWLEDGE OR BELIEF AS THE STATE FIRE MARSHAL MAY REQUEST. ANY INSURER, AGENT, OR OTHER PERSON LICENSED UNDER THE FLORIDA INSURANCE CODE, OR AN EMPLOYEE OF SUCH LICENSEE, HAVING KNOWLEDGE OR A BELIEF THAT A CRIME INVOLVING ARSON, A DESTRUCTIVE DEVICE, AN ILLEGAL POSSESSION OF EXPLOSIVES, OR ANY OTHER ACT OR PRACTICE WHICH, UPON CONVICTION, CONSTITUTES A FELONY OR A MISDEMEANOR UNDER THIS CHAPTER OR S. 817.233, IS BEING OR HAS BEEN COMMITTED, SHALL NOTIFY THE STATE FIRE MARSHAL AND SHALL FURNISH THE STATE FIRE MARSHAL WITH ALL MATERIAL ACQUIRED BY THE COMPANY DURING THE COURSE OF ITS INVESTIGATION. THE STATE FIRE MARSHAL MAY ADOPT RULES IMPLEMENTING THIS SUBSECTION. THE STATE FIRE MARSHAL SHALL REVIEW SUCH INFORMATION OR REPORTS AND SELECT SUCH INFORMATION OR REPORTS AS, IN HIS OR HER JUDGMENT, MAY REQUIRE FURTHER INVESTIGATION. THE STATE FIRE MARSHAL SHALL THEN CAUSE AN INDEPENDENT EXAMINATION OF THE FACTS SURROUNDING SUCH INFORMATION OR REPORT TO BE MADE TO DETERMINE THE EXTENT, IF ANY, TO WHICH A CRIME INVOLVING ARSON, A DESTRUCTIVE DEVICE, ILLEGAL POSSESSION OF EXPLOSIVES, OR A FRAUDULENT INSURANCE ACT, OR ANY OTHER ACT OR PRACTICE THAT, UPON CONVICTION, CONSTITUTES A FELONY OR A MISDEMEANOR UNDER THE LAWS OF THIS STATE IS BEING OR HAS BEEN COMMITTED. THE STATE FIRE MARSHAL SHALL REPORT ANY ALLEGED VIOLATIONS OF LAW WHICH HIS OR HER INVESTIGATIONS REVEAL TO THE APPROPRIATE LICENSING AGENCY AND STATE ATTORNEY OR OTHER PROSECUTING AGENCY HAVING JURISDICTION WITH RESPECT TO ANY SUCH VIOLATION.
[A> (6) IT IS UNLAWFUL FOR ANY PERSON TO RESIST AN ARREST BY AN AGENT OF THE STATE FIRE MARSHAL AUTHORIZED BY THIS SECTION OR IN ANY MANNER TO INTERFERE, BY ABETTING OR ASSISTING SUCH RESISTANCE OR OTHERWISE INTERFERING, WITH ANY DIVISION OF STATE FIRE MARSHAL INVESTIGATOR IN THE DUTIES IMPOSED UPON SUCH AGENT OR INVESTIGATOR BY LAW OR DEPARTMENT RULE.
Section 15. Section 633.121, Florida Statutes, is amended to read:
633.121 Persons authorized to enforce laws and rules of State Fire Marshal.--The chiefs of county, municipal, and special-district fire departments; other fire department personnel designated by their respective chiefs; [D> and organized fire departments [A> ; AND ALL LAW ENFORCEMENT OFFICERS IN THE STATE DULY CERTIFIED UNDER CHAPTER 943 AND ACTING UPON THE REQUEST OF THE STATE FIRE MARSHAL OR A CHIEF OF A COUNTY, MUNICIPAL, OR SPECIAL DISTRICT FIRE DEPARTMENT MAY are authorized to CHAPTER law all rules [A> ADOPTED prescribed their respective jurisdictions. Such personnel acting under the authority of this section shall be deemed to be agents of their respective jurisdictions, not agents of the State Fire Marshal.
Section 16. Section 633.13, Florida Statutes, is amended to read:
633.13 State Fire Marshal; authority of agents.--The authority given the State Fire Marshal under this [A> CHAPTER OR ANY RULE OR ORDER ADOPTED BY THE STATE FIRE MARSHAL law either individually or in conjunction with any other state or local official charged with similar responsibilities.
Section 17. Section 633.14