reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part III - Fire Protection and Suppression (Ss. 633.302-633.3482) › 633.348 - Requirements for fire alarm system equipment.

633.348 Requirements for fire alarm system equipment.—The requirements for fire alarm system equipment are:
(1) Equipment supplied shall be approved by a nationally recognized testing laboratory, and installed in accordance with its procedures. Any testing laboratory wishing to be considered “nationally recognized” by the State Fire Marshal shall submit an application to the State Fire Marshal for certification in accordance with procedures established by the State Fire Marshal by rule. The State Fire Marshal shall consider the applicant’s use of and compliance with nationally accepted testing procedures, the applicant’s inspection procedures including quality control, recognition by any other state or jurisdiction, and such other criteria as are reasonably necessary to reach an informed decision.
(2) Equipment shall be installed in accordance with the applicable standards of the National Fire Protection Association and procedures approved by said testing laboratory.
(3) Each piece of equipment supplied shall be warranted for a period of 1 year against defects in material or operation.
(4) The fire alarm system contractor or the certified unlimited electrical contractor shall furnish the user with appropriate documentation as required by the National Fire Protection Association standards, operating instructions for all equipment installed, together with a diagram of the final installation, except where the ownership of the system remains with the contractor.
(5) All fire alarm systems required by the State Fire Marshal’s rules shall be installed, serviced, tested, repaired, inspected, and improved in compliance with the provisions of the applicable standards of the National Fire Protection Association as adopted by rule.
(6) The State Fire Marshal shall promulgate specifications, by rule, regarding the information and data to be contained in the test certificate hereby required to be provided to the consumer when the fire alarm system is installed, serviced, tested, repaired, improved, or inspected. It shall be unlawful to install, service, test, repair, improve, or inspect any fire alarm system without providing the consumer with a completed test certificate.
(7) The State Fire Marshal shall promulgate by rule specifications as to the size, shape, and color and the information to be contained in the service tags hereby required to be attached to all fire alarm systems when they are installed, serviced, tested, repaired, inspected, or improved. It shall be unlawful to install, service, test, repair, inspect, or improve a fire system without attaching a completed tag, or to use a tag not meeting the specifications of the State Fire Marshal.
History.—ss. 12, 14, ch. 87-254; s. 70, ch. 91-110; s. 10, ch. 91-189; s. 53, ch. 2013-183.
Note.—Former s. 633.701.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part III - Fire Protection and Suppression (Ss. 633.302-633.3482) › 633.3482 - Prohibited acts regarding alarm system contractors or certified unlimited electrical contractors; penalties.

633.3482 Prohibited acts regarding alarm system contractors or certified unlimited electrical contractors; penalties.—
(1) It shall be unlawful for any person, directly or through an agent, to sell, offer for sale, or give any make, type, or model of fire alarm system, either new or used, unless such make, type, or model has been tested and is currently approved or listed by a nationally recognized testing laboratory.
(2) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any fire alarm system contractor or certified unlimited electrical contractor to intentionally or willfully:
(a) Render inoperative any fire alarm system which is required by the State Fire Marshal’s rules, except when the system is being serviced, tested, repaired, inspected, or improved.
(b) Improperly install, service, test, repair, improve, or inspect a fire alarm system.
(c) Knowingly combine or conspire with a person by allowing one’s certificate to be used by an uncertified person with intent to evade this act. When a licensee allows his or her license to be used by one or more companies without having any active participation in the operation or management of the companies, such act constitutes prima facie evidence of any intent to evade this chapter.
(4) It is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for any person to intentionally or willfully install, service, test, repair, improve, or inspect a fire alarm system unless:
(a) The person is the holder of a valid and current active license as a certified unlimited electrical contractor, as defined in part II of chapter 489;
(b) The person is the holder of a valid and current active license as a licensed fire alarm contractor, as defined in part II of chapter 489;
(c) The person is authorized to act as a fire alarm system agent pursuant to s. 489.5185; or
(d) The person is exempt pursuant to s. 489.503.
History.—ss. 13, 14, ch. 87-254; s. 71, ch. 91-110; s. 159, ch. 91-224; s. 450, ch. 97-102; s. 1, ch. 2005-116; s. 31, ch. 2005-147; s. 54, ch. 2013-183.
Note.—Former s. 633.702.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.404 - Additional standards authorized.

633.404 Additional standards authorized.—Nothing herein shall be construed to preclude a fire service provider from establishing qualifications and standards for hiring, training, or promoting firefighters that exceed the minimum set by the division.
History.—ss. 16, 17, ch. 69-323; s. 1, ch. 75-151; s. 57, ch. 2013-183.
Note.—Former s. 163.530; s. 633.42.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.406 - Classes of certification.

633.406 Classes of certification.—
(1) The division may award one or more of the following certificates:
(a) Firefighter Certificate of Compliance.—A Firefighter Certificate of Compliance may be awarded to a person who meets the requirements established in s. 633.408(4).
(b) Fire Safety Inspector Certificate of Compliance.—A Fire Safety Inspector Certificate of Compliance may be awarded to a person who meets the requirements established in s. 633.216(2).
(c) Special Certificate of Compliance.—A Special Certificate of Compliance may be awarded to a person who qualifies under s. 633.408(6).
(d) Forestry Certificate of Compliance.—A Forestry Certificate of Compliance may be awarded to a person who has satisfactorily complied with a training program and successfully passed an examination as prescribed by rule, and who possesses the qualifications established in s. 590.02(1)(e).
(e) Fire Service Instructor Certificate.—A Fire Service Instructor Certificate may be awarded to a person who demonstrates general or specialized knowledge, skills, and abilities in firefighting service and meets the qualification requirements prescribed by rule.
(f) Certificate of Competency.—A Certificate of Competency may be awarded to a person who meets the experience, training, advanced education, or examination requirements as prescribed by rule, and is especially qualified for particular aspects of firefighting service.
(g) Volunteer Firefighter Certificate of Completion.—A Volunteer Firefighter Certificate of Completion may be awarded to a person who has satisfactorily completed the training requirements as prescribed by rule for a volunteer firefighter.
(2) The division may establish by rule certificates, in addition to those provided in subsection (1), that the division may award in recognition of special training or education received by an individual, authorizing that individual to perform specialized firefighting services or provide specialized firefighting instruction, such as hazardous materials and urban search and rescue.
History.—s. 58, ch. 2013-183.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.412 - Firefighters; qualifications for certification.

633.412 Firefighters; qualifications for certification.—A person applying for certification as a firefighter must:
(1) Be a high school graduate or the equivalent, as the term may be determined by the division, and at least 18 years of age.
(2) Not have been convicted of a misdemeanor relating to the certification or to perjury or false statements, or 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 or under the law of any other country, or dishonorably discharged from any of the Armed Forces of the United States. “Convicted” means a finding of guilt or the acceptance of a plea of guilty or nolo contendere, in any federal or state court or a court in any other country, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the case.
(3) Submit a set of fingerprints to the division with a current processing fee. The fingerprints will be forwarded to the Department of Law Enforcement for state processing and forwarded by the Department of Law Enforcement to the Federal Bureau of Investigation for national processing.
(4) Have a good moral character as determined by investigation under procedure established by the division.
(5) Be in good physical condition as determined by a medical examination given by a physician, surgeon, or physician assistant licensed to practice in the state pursuant to chapter 458; an osteopathic physician, surgeon, or physician assistant licensed to practice in the state pursuant to chapter 459; or an advanced practice registered nurse licensed to practice in the state pursuant to chapter 464. Such examination may include, but need not be limited to, the National Fire Protection Association Standard 1582. A medical examination evidencing good physical condition shall be submitted to the division, on a form as provided by rule, before an individual is eligible for admission into a course under s. 633.408.
(6) Be a nonuser of tobacco or tobacco products for at least 1 year immediately preceding application, as evidenced by the sworn affidavit of the applicant.
History.—ss. 8, 17, ch. 69-323; s. 1, ch. 70-110; ss. 1, 6, ch. 75-151; s. 1, ch. 77-116; s. 2, ch. 81-205; s. 10, ch. 84-243; s. 3, ch. 88-209; s. 1, ch. 89-89; s. 23, ch. 89-233; s. 7, ch. 91-189; s. 13, ch. 93-276; s. 2, ch. 2005-76; s. 57, ch. 2013-116; s. 60, ch. 2013-183; s. 24, ch. 2016-132; s. 76, ch. 2018-106.
Note.—Former s. 163.490; s. 633.34.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.415 - Lifetime Firefighter designation.

633.415 Lifetime Firefighter designation.—
(1) A firefighter or volunteer firefighter may apply for a Lifetime Firefighter designation if he or she:
(a) Has at least 20 years of service;
(b) Has been employed by a fire service provider, as defined in s. 633.102(13), and is in good standing with his or her most recent fire service provider;
(c) Has no conviction or other disqualifying event under s. 633.412(2);
(d) Complies with s. 633.412(3); and
(e)1. Is recorded on a fire service provider roster in the division’s online electronic database; or
2. Was previously certified as a firefighter or volunteer firefighter in this state.
(2) A firefighter may have his or her Firefighter Certificate of Compliance or a Volunteer Firefighter Certificate of Completion placed into a Lifetime Firefighter designation by applying to the division at the time required to renew the certificate. The application shall be made on a form prescribed by the division.
(3) A Lifetime Firefighter may not engage in firefighting activities with a fire department unless he or she holds a current and valid Firefighter Certificate of Compliance or Special Certificate of Compliance issued by the division under s. 633.408.
(4) After the division approves a currently employed firefighter’s Lifetime Firefighter designation, the division shall, after the firefighter’s 4-year period pursuant to s. 633.414, issue in its online electronic database the Lifetime Firefighter designation upon the end of such period.
(5) If a firefighter’s Firefighter Certificate of Compliance or Volunteer Firefighter Certificate of Completion is current upon the approval of a Lifetime Firefighter designation and he or she applies to renew such certification within the first 4 years after the date of such approval, he or she must successfully complete the Minimum Standards Course examination for a firefighter under s. 633.408(1)(a), or the course examinations under s. 633.408(1)(b) for a volunteer firefighter, and meet all requirements in s. 633.412.
(6) If a firefighter’s Firefighter Certificate of Compliance or Volunteer Firefighter Certificate of Completion has expired upon receiving the Lifetime Firefighter designation and he or she desires to perform firefighting services within the first 4 years after the date of approval of the Lifetime Firefighter designation, the firefighter must successfully complete the Minimum Standards Course examination for a firefighter under s. 633.408(1)(a), or the course examinations under s. 633.408(1)(b) for a volunteer firefighter, and meet all requirements in s. 633.412.
(7) A Lifetime Firefighter designation shall be revoked for any of the conditions stated in s. 633.426(3) or (4). The division may investigate and take such action under s. 633.426 to implement this subsection.
(8) The division may adopt rules pursuant to its authority under s. 633.104(1) to implement this section.
History.—s. 1, ch. 2017-106.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.418 - Inservice training and promotion; participation.

633.418 Inservice training and promotion; participation.—
(1)(a) The division shall by rule prescribe curricula and standards for advanced and specialized training courses and education in addition to those prescribed in ss. 633.408 and 633.412.
(b) The standards provided by this section do not bind any fire service provider as to the requirements it may have for promoting personnel.
(2) A fire service provider participating under this section shall adhere to the standards and procedures established by the division.
History.—ss. 12, 17, ch. 69-323; s. 1, ch. 70-110; ss. 1, 6, ch. 75-151; s. 6, ch. 81-205; s. 63, ch. 2013-183.
Note.—Former s. 163.510; s. 633.38.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.424 - Falsification of qualifications.

633.424 Falsification of qualifications.—An individual who willfully and knowingly falsifies her or his qualifications to the Bureau of Fire Standards and Training of the division commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 5, ch. 81-205; s. 1402, ch. 2003-261; s. 65, ch. 2013-183.
Note.—Former s. 633.353.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.428 - Florida State Fire College established.

633.428 Florida State Fire College established.—There is established a state institution to be known as the Florida State Fire College, to be located at or near Ocala, Marion County. The institution shall be operated by the division.
History.—s. 3, ch. 25097, 1949; ss. 18, 35, ch. 69-106; ss. 1, 8, ch. 75-151; s. 1404, ch. 2003-261; s. 67, ch. 2013-183.
Note.—Former s. 163.532; s. 633.43.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.432 - Purpose of fire college.

633.432 Purpose of fire college.—The purposes of this part and of the Florida State Fire College are:
(1) To provide professional and volunteer firefighters with needful professional instruction and training in subjects, including, but not limited to, firefighting, fire prevention, hazardous materials, urban search and rescue, and emergency operations, at a minimum of cost to them and to their employers.
(2) To ensure the professionalism and competence of those performing firefighting, fire prevention, and associated fire protection functions by administering a system of certification and licensing.
(3) To develop new methods and practices of firefighting and fire prevention.
(4) To assist the state and county, municipal, and other local governments of this state and their agencies and officers in their investigation and determination of the causes of fires.
(5) To provide testing facilities for testing firefighting equipment.
(6) To disseminate useful information on fires, firefighting and fire prevention and other related subjects, to fire departments and others interested in such information.
(7) To do such other needful or useful things necessary to the promotion of public safety in the field of fire hazards and fire prevention work.
It is declared by the Legislature that the above purposes are legitimate state functions and are designed to promote public safety.
History.—s. 4, ch. 25097, 1949; s. 1, ch. 75-151; s. 242, ch. 79-400; s. 19, ch. 95-379; s. 68, ch. 2013-183.
Note.—Former s. 163.533; s. 633.44.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.434 - Superintendent of college.

633.434 Superintendent of college.—The division may employ a superintendent for the Florida State Fire College, who must be especially trained and qualified in firefighting, fire prevention and fire experimental work, and may employ on the recommendations of the superintendent such other instructors, experimental helpers and laborers as may be necessary to the proper conduct of the institution; and may proceed with the erection and detailed operation of the institution under ss. 633.428-633.444.
History.—s. 10, ch. 25097, 1949; s. 3, ch. 57-401; ss. 18, 35, ch. 69-106; ss. 1, 10, ch. 75-151; s. 69, ch. 2013-183.
Note.—Former s. 163.538; s. 633.48.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.436 - Use of Insurance Regulatory Trust Fund.

633.436 Use of Insurance Regulatory Trust Fund.—The funds received from the Insurance Regulatory Trust Fund shall be used by the staff of the Florida State Fire College to provide all necessary services, training, equipment, and supplies to carry out the college’s responsibilities, including, but not limited to, the procurement of training resources and equipment and other useful information on fire, firefighting, and fire prevention, including public fire service information packages.
History.—s. 5, ch. 82-189; s. 29, ch. 89-233; s. 39, ch. 96-418; s. 14, ch. 99-205; s. 1408, ch. 2003-261; s. 70, ch. 2013-183.
Note.—Former s. 633.461.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.438 - Procedure for making expenditures.

633.438 Procedure for making expenditures.—No moneys shall be spent for and on behalf of the Florida State Fire College except upon a written voucher drawn by the division, stating the nature of the expenditures and the person to whom the same shall be made payable, which voucher shall be submitted to the Chief Financial Officer and audited for approval by her or him; upon such approval, the Chief Financial Officer shall draw a warrant for the payment thereof, filing the original voucher in her or his office.
History.—s. 7, ch. 25097, 1949; ss. 18, 35, ch. 69-106; ss. 1, 10, ch. 75-151; s. 15, ch. 85-61; s. 439, ch. 97-102; s. 1409, ch. 2003-261; s. 71, ch. 2013-183.
Note.—Former s. 163.536; s. 633.47.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.442 - Buildings, equipment, and other facilities; use.

633.442 Buildings, equipment, and other facilities; use.—The division shall have the power to prescribe and shall make the necessary rules for the use of buildings, equipment, and other facilities of the Florida State Fire College when they are not in use for the purposes set forth in this part.
History.—s. 11, ch. 25097, 1949; ss. 18, 35, ch. 69-106; ss. 1, 10, ch. 75-151; s. 72, ch. 2013-183.
Note.—Former s. 163.539; s. 633.49.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part IV - Fire Standards and Training (Ss. 633.402-633.446) › 633.446 - Fees.

633.446 Fees.—The division may fix and collect admission fees and other fees which it deems necessary to be charged for training given. All fees so collected shall be deposited in the Insurance Regulatory Trust Fund.
History.—s. 6, ch. 25097, 1949; s. 1, ch. 61-515; ss. 18, 35, ch. 69-106; ss. 1, 10, ch. 75-151; s. 4, ch. 82-189; s. 28, ch. 89-233; s. 13, ch. 99-205; s. 1407, ch. 2003-261; s. 74, ch. 2013-183.
Note.—Former s. 163.535; s. 633.46.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part V - Florida Firefighters Occupational Safety and Health Act (Ss. 633.502-633.536) › 633.502 - Short title.

633.502 Short title.—Sections 633.502-633.536 may be cited as the “Florida Firefighters Occupational Safety and Health Act.”
History.—s. 15, ch. 2002-404; s. 76, ch. 2013-183.
Note.—Former s. 633.801.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part V - Florida Firefighters Occupational Safety and Health Act (Ss. 633.502-633.536) › 633.504 - Definitions.

633.504 Definitions.—As used in this part, the term:
(1) “Firefighter employee” means a firefighter, volunteer firefighter, or individual providing support services who is engaged in any employment, public or private, under any appointment or contract of hire or apprenticeship, express or implied, oral or written, whether lawfully or unlawfully employed, responding to or assisting with fire or medical emergencies, regardless of whether on duty, except those appointed under s. 590.02(1)(d).
(2) “Firefighter employer” means the state and all political subdivisions of this state, all public and quasi-public corporations in this state, and a person carrying on any employment for this state, political subdivisions of this state, and public and quasi-public corporations in this state which employs firefighter employees, except those appointed under s. 590.02(1)(d).
(3) “Firefighter employment” or “employment” means any service performed by a firefighter employee for the firefighter employer.
(4) “Firefighter place of employment” or “place of employment” means the physical location at which the firefighter employee is employed or deployed.
History.—s. 15, ch. 2002-404; s. 1412, ch. 2003-261; s. 77, ch. 2013-183.
Note.—Former s. 633.802.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part V - Florida Firefighters Occupational Safety and Health Act (Ss. 633.502-633.536) › 633.506 - Legislative intent.

633.506 Legislative intent.—It is the intent of the Legislature to enhance firefighter occupational safety and health in the state through the implementation and maintenance of policies, procedures, practices, rules, and standards that reduce the incidence of firefighter employee accidents, firefighter employee occupational diseases, and firefighter employee fatalities compensable under chapter 440 or otherwise. The Legislature further intends that the division develop a means by which the division can identify individual firefighter employers with a high frequency or severity of work-related injuries, conduct safety inspections of those firefighter employers, and assist those firefighter employers in the development and implementation of firefighter employee safety and health programs. In addition, it is the intent of the Legislature that the division administer and enforce this part; provide assistance to firefighter employers, firefighter employees, and insurers; and enforce the policies, rules, and standards set forth in this part.
History.—s. 15, ch. 2002-404; s. 78, ch. 2013-183.
Note.—Former s. 633.803.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part V - Florida Firefighters Occupational Safety and Health Act (Ss. 633.502-633.536) › 633.512 - Compliance.

633.512 Compliance.—Failure of a firefighter employer or an insurer to comply with this part, or with any rules adopted under this part, constitutes grounds for the department to seek remedies, including injunctive relief, by making appropriate filings with the circuit court.
History.—s. 15, ch. 2002-404; s. 80, ch. 2013-183; s. 36, ch. 2016-165.
Note.—Former s. 633.817.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part V - Florida Firefighters Occupational Safety and Health Act (Ss. 633.502-633.536) › 633.516 - Studies of occupational diseases of firefighters or persons in other fire-related fields.

633.516 Studies of occupational diseases of firefighters or persons in other fire-related fields.—The division may contract for studies, subject to the availability of funding, of occupational diseases of firefighters or persons in other fire-related fields and the ways and means for the control and prevention of such occupational diseases. When such a study or another study that is wholly or partly funded under an agreement, including a contract or grant, with the department tracks a disease of an individual firefighter or a person in another fire-related field, the division may, with associated security measures, release the confidential information, including a social security number, of that individual to a party who has entered into an agreement with the department.
History.—s. 15, ch. 2002-404; s. 81, ch. 2013-183; s. 32, ch. 2017-175.
Note.—Former s. 633.805.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part V - Florida Firefighters Occupational Safety and Health Act (Ss. 633.502-633.536) › 633.518 - Studies, investigations, inspections, or inquiries by the division; refusal to admit; penalty.

633.518 Studies, investigations, inspections, or inquiries by the division; refusal to admit; penalty.—
(1) The department shall make studies, investigations, inspections, or inquiries with respect to compliance with this part or any rules authorized under this part and the causes of firefighter employee injuries, illnesses, safety-based complaints, or Line of Duty Deaths (LODD) as defined in rule in firefighter employee places of employment and shall make such recommendations to the Legislature and firefighter employers and insurers as the department considers proper to prevent or reduce future occurrences. In making such studies, investigations, inspections, or inquiries, the department may cooperate with any agency of the United States charged with the duty of enforcing any law securing safety against injury in any place of firefighter employment covered by this part or any agency or department of the state engaged in enforcing any law to ensure safety for firefighter employees.
(2) The division by rule may adopt procedures for conducting investigations, inspections, or inquiries of firefighter employers under this part.
(3) The division and authorized representatives of the division may enter and inspect any firefighter employee’s place of employment at any reasonable time for the purpose of investigating compliance with this part and conducting inspections for the proper enforcement of this part. A firefighter employer who refuses to admit any member of the division or authorized representative of the division to any place of employment or to allow investigation and inspection pursuant to this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 15, ch. 2002-404; s. 82, ch. 2013-183; s. 37, ch. 2016-165.
Note.—Former s. 633.806.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part V - Florida Firefighters Occupational Safety and Health Act (Ss. 633.502-633.536) › 633.520 - Safety; firefighter employer responsibilities.

633.520 Safety; firefighter employer responsibilities.—
(1) Each firefighter employer shall furnish and use safety devices and safeguards, adopt and use methods and processes reasonably adequate to render such an employment and place of employment safe, and do every other thing reasonably necessary to protect the lives, health, and safety of such firefighter employees. As used in this section, the terms “safe” and “safety,” as applied to any employment or place of employment, mean such freedom from danger as is reasonably necessary for the protection of the lives, health, and safety of firefighter employees, including conditions and methods of sanitation and hygiene. Safety devices and safeguards required to be furnished by the firefighter employer by this section or by the division under authority of this section do not include personal apparel and protective devices that replace personal apparel normally worn by firefighter employees during regular working hours.
(2) The division shall adopt rules to establish employers’ cancer prevention best practices related to personal protective equipment, decontamination, fire suppression equipment, and fire stations.
History.—s. 15, ch. 2002-404; s. 83, ch. 2013-183; s. 32, ch. 2019-140.
Note.—Former s. 633.807.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part V - Florida Firefighters Occupational Safety and Health Act (Ss. 633.502-633.536) › 633.526 - Firefighter employer penalties.

633.526 Firefighter employer penalties.—If any firefighter employer violates or fails or refuses to comply with this part, or with any rule adopted by the division under such sections in accordance with chapter 120 for the prevention of injuries, accidents, or occupational diseases or with any lawful order of the division in connection with this part, or fails or refuses to furnish or adopt any safety device, safeguard, or other means of protection prescribed by division rule under this part for the prevention of accidents or occupational diseases, the division may:
(1) Issue an administrative cease and desist order, enforceable in the circuit court in the jurisdiction where the violation is occurring or has occurred.
(2) Assess an administrative fine against a firefighter employer of not less than $100 or more than $1,000 for each violation and each day a violation is committed.
(3) Assess against the firefighter employer a civil penalty of not less than $100 nor more than $5,000 for each day the violation, omission, failure, or refusal continues after the firefighter employer has been given written notice of such violation, omission, failure, or refusal. The total penalty for each violation shall not exceed $50,000. The division shall adopt rules requiring penalties commensurate with the frequency or severity of safety violations. Hearings requested under this section shall be conducted in Tallahassee. All penalties assessed and collected under this section shall be deposited in the Insurance Regulatory Trust Fund.
History.—s. 15, ch. 2002-404; s. 1413, ch. 2003-261; s. 85, ch. 2013-183.
Note.—Former s. 633.811.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part V - Florida Firefighters Occupational Safety and Health Act (Ss. 633.502-633.536) › 633.528 - Division cooperation with Federal Government; exemption from requirements for private firefighter employers.

633.528 Division cooperation with Federal Government; exemption from requirements for private firefighter employers.—
(1) The division shall cooperate with the Federal Government so that duplicate inspections will be avoided while at the same time ensuring safe firefighter employee places of employment for the citizens of this state.
(2) A private firefighter employer is not subject to the requirements set forth in part IV and this part if the private firefighter employer meets the requirements of this part and:
(a) The private firefighter employer is subject to the federal regulations in 29 C.F.R. ss. 1910 and 1926.
(b) The private firefighter employer has adopted and implemented a written safety program that conforms to the requirements of 29 C.F.R. ss. 1910 and 1926.
(c) The private firefighter employer provides the division with a written statement that certifies compliance with this subsection.
(3) The division may enter at any reasonable time any place of private firefighter employment for the purpose of verifying the accuracy of the written certification. If the division determines that the private firefighter employer has not complied with the requirements of subsection (2), the private firefighter employer shall be subject to the rules of the division until the private firefighter employer complies with subsection (2), which must be verified by a reinspection by the division.
(4) This section shall not restrict the division’s performance of any duties pursuant to a written contract between the division and the federal Occupational Safety and Health Administration.
History.—s. 15, ch. 2002-404; s. 86, ch. 2013-183.
Note.—Former s. 633.812.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part V - Florida Firefighters Occupational Safety and Health Act (Ss. 633.502-633.536) › 633.532 - Firefighter employee rights and responsibilities.

633.532 Firefighter employee rights and responsibilities.—
(1) Each firefighter employee of a firefighter employer covered under this part shall comply with rules adopted by the division and with reasonable workplace safety and health standards, rules, policies, procedures, and work practices established by the firefighter employer and the workplace safety committee. A firefighter employee who knowingly fails to comply with this subsection may be disciplined or discharged by the firefighter employer.
(2) A firefighter employer may not discharge, threaten to discharge, cause to be discharged, intimidate, coerce, otherwise discipline, or in any manner discriminate against a firefighter employee for any of the following reasons:
(a) The firefighter employee has testified or is about to testify, on her or his own behalf or on behalf of others, in any proceeding instituted under this part;
(b) The firefighter employee has exercised any other right given under this part; or
(c) The firefighter employee is engaged in activities relating to the workplace safety committee.
(3) Pay, a position, seniority, or any other benefit may not be lost for exercising any right under, or for seeking compliance with any requirement of, this part.
History.—s. 15, ch. 2002-404; s. 87, ch. 2013-183.
Note.—Former s. 633.816.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part V - Florida Firefighters Occupational Safety and Health Act (Ss. 633.502-633.536) › 633.5341 - False, fictitious, or fraudulent acts, statements, and representations prohibited; penalty; statute of limitations.

633.5341 False, fictitious, or fraudulent acts, statements, and representations prohibited; penalty; statute of limitations.—
(1) A firefighter employer who knowingly and willfully falsifies or conceals a material fact, who makes a false, fictitious, or fraudulent statement or representation, or who makes or uses any false document knowing the document to contain any false, fictitious, or fraudulent entry or statement to an insurer of workers’ compensation insurance under this part commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person may not, in any matter within the jurisdiction of the division, knowingly and willfully falsify or conceal a material fact; make any false, fictitious, or fraudulent statement or representation; or make or use any false document, knowing the same to contain any false, fictitious, or fraudulent statement or entry. A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. The statute of limitations for prosecution of an act committed in violation of this section is 5 years after the date the act was committed or, if not discovered within 30 days after the act was committed, 5 years after the date the act was discovered.
History.—s. 15, ch. 2002-404; s. 88, ch. 2013-183.
Note.—Former s. 633.818.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part V - Florida Firefighters Occupational Safety and Health Act (Ss. 633.502-633.536) › 633.536 - Expenses of administration.

633.536 Expenses of administration.—The amounts that are needed to administer this part shall be disbursed from the Insurance Regulatory Trust Fund.
History.—s. 15, ch. 2002-404; s. 1414, ch. 2003-261; s. 89, ch. 2013-183.
Note.—Former s. 633.814.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 634 - Warranty Associations › Part I - Motor Vehicle Service Agreement Companies (Ss. 634.011-634.288) › 634.021 - Powers of department, commission, and office; rules.

634.021 Powers of department, commission, and office; rules.—The office shall administer this act and the commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this act related to motor vehicle service agreement companies and motor vehicle service agreements. The department shall administer this act and may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of this act related to sales representatives.
History.—s. 2, ch. 59-110; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 2, 32, 33, ch. 82-234; s. 68, ch. 91-106; s. 20, ch. 93-195; s. 209, ch. 98-200; s. 1416, ch. 2003-261; s. 95, ch. 2006-1.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 634 - Warranty Associations › Part I - Motor Vehicle Service Agreement Companies (Ss. 634.011-634.288) › 634.023 - Part exclusive; applicability of other laws.

634.023 Part exclusive; applicability of other laws.—
(1) Except as provided in this part, motor vehicle service agreement companies shall be governed by the provisions of this part and shall be exempt from all other provisions of the Florida Insurance Code.
(2) The provisions of chapter 85-321, Laws of Florida, which amended provisions of this part shall be construed as clarifying legislative intent as to the status of persons regulated by the part as insurers.
History.—ss. 6, 51, ch. 85-321; s. 18, ch. 88-206; s. 68, ch. 91-106; s. 20, ch. 93-195.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 634 - Warranty Associations › Part I - Motor Vehicle Service Agreement Companies (Ss. 634.011-634.288) › 634.042 - Prohibited investments and loans.

634.042 Prohibited investments and loans.—A motor vehicle service agreement company shall not directly or indirectly invest in or lend its funds upon the security of any note or other evidence of indebtedness of any director, officer, or controlling stockholder of the motor vehicle service agreement company. This prohibition applies only to investments and loans initially reported on motor vehicle service agreement financial statements after the third quarterly statement for 2006.
History.—s. 2, ch. 2006-272.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 634 - Warranty Associations › Part I - Motor Vehicle Service Agreement Companies (Ss. 634.011-634.288) › 634.045 - Guarantee agreements.

634.045 Guarantee agreements.—In order to include receivables from affiliated companies as assets under s. 634.041, the motor vehicle service agreement company shall provide a written guarantee to assure repayment of all receivables, loans, and advances from affiliated companies, provided that the written guarantee is made by a guaranteeing organization which:
(1) Has been in continuous operation for 10 years or more and has net assets of the greater of $5 million or 2 times the minimum net asset requirements of the motor vehicle service agreement company. In any determination of the financial condition of the guaranteeing organization, the definitions of assets and liabilities, set forth in this part shall apply, except that investments in or loans to any organizations guaranteed by the guaranteeing organization shall be excluded from net assets. If the guaranteeing organization is sponsoring more than one organization, the net asset requirement shall be increased by a multiple equal to the number of such organizations.
(2) Submits a guarantee that is approved by the office as meeting the requirements of this part, provided that the written guarantee contains a provision which requires that the guarantee be irrevocable unless the guaranteeing organization can demonstrate to the office that the cancellation of the guarantee will not result in the net assets of the motor vehicle service agreement company falling below its minimum net asset requirement and the office approves cancellation of the guarantee.
(3) Initially submits its audited financial statements, certified by an independent certified public accountant, prepared in accordance with generally accepted accounting principles, covering its two most current annual accounting periods.
(4) Submits annually, within 3 months after the end of its fiscal year, an audited financial statement certified by an independent certified public accountant, prepared in accordance with generally accepted accounting principles. The office may, as it deems necessary, require quarterly financial statements from the guaranteeing organization.
(5) The filings made by a guarantee organization pursuant to this section are confidential and exempt from the provisions of s. 119.07(1).
(6) Nothing in this section shall be construed to prevent the use of such filings in judicial or administrative proceedings when ordered to be produced by appropriate subpoena or by order of the court or an administrative law judge.
History.—s. 2, ch. 90-153; s. 68, ch. 91-106; s. 19, ch. 91-201; s. 115, ch. 92-318; s. 1, ch. 93-117; s. 20, ch. 93-195; s. 393, ch. 96-406; s. 278, ch. 96-410; s. 1420, ch. 2003-261.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 634 - Warranty Associations › Part I - Motor Vehicle Service Agreement Companies (Ss. 634.011-634.288) › 634.052 - Required deposit.

634.052 Required deposit.—
(1) To assure the faithful performance of its obligations to its members or subscribers, each motor vehicle service agreement company shall, prior to issuance of its license by the office, deposit with the department securities of the type eligible for deposit by insurers under s. 625.52 and having at all times a market value of not less than $200,000; however, service agreement companies maintaining an unearned gross written premium of less than $750,000 shall have on deposit with the department $100,000. After 1 year from the date of initial licensure, a service agreement company may file a request for the release of a portion of the deposit and thereafter requests may be made quarterly. A request may be granted only after the office has received and approved the company’s current quarterly or annual financial statement. However, at no time shall the deposit be less than $100,000.
(2) In addition to the deposits otherwise required pursuant to this section, the office may, after notice and hearing, require any company for good cause shown to deposit and maintain deposited in trust for the protection of the contract holders and creditors of the company, for such time as the office deems necessary, securities eligible for such deposit under s. 625.52 having a value of not less than the amount which the office determines is necessary, which amount shall be neither less than $100,000, nor more than $500,000, depending on the obligation of the company in this state.
(3) The state shall be responsible for the safekeeping of all securities deposited with the department under this act. Such securities shall not, on account of being in this state, be subject to taxation, but shall be held exclusively and solely to guarantee the faithful performance by the company of its obligations to its members or subscribers.
(4) The depositing company shall, during its solvency, have the right to exchange or substitute other securities of like quality and value for securities so on deposit, to receive the interest and other income accruing on such securities, and to inspect the deposit at all reasonable times.
(5) Such deposit shall be maintained unimpaired as long as the company continues in business or from offices in this state. Whenever the company ceases to do business in or from offices in this state and furnishes to the office proof satisfactory to it that it has discharged or otherwise adequately provided for all its obligations to its members or subscribers in this state, the office and department shall release the deposited securities to the parties entitled thereto, on presentation of the receipts of the department for such securities.
History.—s. 5, ch. 59-110; ss. 13, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 4, ch. 78-231; ss. 2, 3, ch. 81-318; ss. 5, 32, 33, ch. 82-234; s. 132, ch. 83-216; ss. 13, 68, ch. 91-106; s. 184, ch. 91-108; s. 20, ch. 93-195; s. 1421, ch. 2003-261.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 634 - Warranty Associations › Part I - Motor Vehicle Service Agreement Companies (Ss. 634.011-634.288) › 634.053 - Levy upon deposit limited.

634.053 Levy upon deposit limited.—A judgment creditor or other claimant of a motor vehicle service agreement company does not have the right to levy upon any of the assets or securities held in this state as a deposit under s. 634.052. However, to pay any unpaid obligation to this state, the office may levy upon any of the assets of a motor vehicle service agreement company found to be insolvent or found to be bankrupt by any court.
History.—ss. 36, 51, ch. 85-321; s. 68, ch. 91-106; ss. 4, 20, ch. 93-195; s. 1422, ch. 2003-261.