reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 632 - Fraternal Benefit Societies › 632.632 - Foreign or Alien Society; Admission.

632.632 Foreign or alien society; admission.—No foreign or alien society shall transact business in this state without a license issued by the office. Any such society desiring admission to this state shall have the qualifications required of domestic societies organized under this chapter. Any such society may be licensed to transact business in this state upon filing with the office:
(1) A duly certified copy of its articles of incorporation;
(2) A copy of its bylaws, certified by its secretary or corresponding officer;
(3) A power of attorney to the office;
(4) A copy of its most recent annual statement certified under oath by its president and secretary or corresponding officers in a form prescribed by the commission;
(5) A copy of an examination report conducted within the most recent 3-year period by the supervising insurance official of its home state or other state, territory, province, or country, satisfactory to the office;
(6) Certification from the proper official of its home state, territory, province, or country that the society is legally incorporated and licensed to transact business therein;
(7) Copies of its certificate forms; and
(8) Such other information as the office may deem necessary;
and upon a showing satisfactory to the office that its assets are invested in accordance with the provisions of this chapter.
History.—ss. 4, 6, ch. 86-140; s. 4, ch. 91-429; s. 1388, ch. 2003-261.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 632 - Fraternal Benefit Societies › 632.633 - Additional Grounds for Suspension, Revocation, or Denial of Certificate of Authority; Receivership; Insolvency.

632.633 Additional grounds for suspension, revocation, or denial of certificate of authority; receivership; insolvency.—
(1) In addition to the grounds set forth in s. 624.418, the office may, in its discretion, suspend, revoke, or deny the certificate of authority of a society, if it finds that the society:
(a) Has exceeded its powers;
(b) Has failed to comply with any provision of this chapter;
(c) Is not fulfilling its contracts in good faith;
(d) Has a membership of less than 400 after an existence of 1 year or more; or
(e) Is conducting business fraudulently or in a manner hazardous to its members, creditors, the public, or the business.
(2) In addition to the grounds set forth in s. 626.9571, whenever the office has reason to believe that any society is operating in violation of this chapter or of any provision of the Florida Insurance Code applicable to societies, the provisions of ss. 626.9571, 626.9581, 626.9591, and 626.9601 shall apply.
(3) Any rehabilitation, liquidation, conservation, or dissolution of a society shall be conducted under the supervision of the department. The department and office shall have all the powers with respect to such rehabilitation, liquidation, conservation, or dissolution that are granted to the department and office under the laws governing the rehabilitation, liquidation, conservation, or dissolution of life insurance companies.
History.—ss. 4, 6, ch. 86-140; s. 4, ch. 91-429; s. 1389, ch. 2003-261.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 632 - Fraternal Benefit Societies › 632.634 - Licensing and Appointment of Agents.

632.634 Licensing and appointment of agents.—
(1) Agents of societies shall be licensed and appointed in accordance with the provisions of the Florida Insurance Code regulating the licensing, appointment, examination, revocation, suspension, or termination of the license of resident and nonresident life, health, and variable annuity insurance agents.
(2) No examination, license, or appointment shall be required of any regular salaried officer, employee, or member of a licensed society who devotes substantially all of her or his services to activities other than the solicitation of benefit contracts from the public and who receives no commission or other compensation directly dependent upon the amount of business obtained for the solicitation of such contracts.
(3) Any agent, representative, or member of a society who in any preceding calendar year has solicited and procured life insurance benefit contracts on behalf of any society in a total amount of insurance less than $50,000, or, in the case of any other kind or kinds of insurance benefit contracts which the society might write, on not more than 25 individuals, shall be exempt from the agent licensing and appointment requirements of subsection (1). Upon request by the department, every society shall register, on forms prescribed by the department and on or before March 1 of each year, the name and residence address of each agent, representative, or member exempt under the provisions of this subsection and shall, within 30 days of termination of employment, notify the department of the termination. Any agent, representative, or member for which an exemption is claimed due to employment by the society subsequent to March 1 shall be registered by the society with the department within 10 days of the date of employment.
History.—ss. 4, 6, ch. 86-140; s. 136, ch. 91-108; s. 4, ch. 91-429; s. 420, ch. 97-102; s. 69, ch. 2003-267; s. 60, ch. 2003-281.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 632 - Fraternal Benefit Societies › 632.635 - Unfair and Deceptive Acts and Practices.

632.635 Unfair and deceptive acts and practices.—Every society authorized to do business in this state shall be subject to the provisions of the Unfair Insurance Trade Practices Act as provided in part IX of chapter 626; provided, however, that nothing in such provisions shall be construed as applying to or affecting the right of any society to determine its eligibility requirements for membership, or be construed as applying to or affecting the offering of benefits exclusively to members or persons eligible for membership in the society.
History.—ss. 4, 6, ch. 86-140; s. 7, ch. 91-110; s. 4, ch. 91-429; s. 1, ch. 2001-64.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 632 - Fraternal Benefit Societies › 632.636 - Violations; Penalties.

632.636 Violations; penalties.—
(1) The provisions of s. 624.15 shall apply with respect to:
(a) Any person who willfully makes a false or fraudulent statement in or relating to an application for membership or for the purpose of obtaining money from or a benefit in any society;
(b) Any person who solicits membership for, or in any manner assists in procuring membership in, any society not licensed to do business in this state;
(c) Any person guilty of a willful violation of, or neglect or refusal to comply with, the provisions of this chapter for which a penalty is not otherwise prescribed.
(2) Any person who willfully makes a false or fraudulent statement:
(a) In any verified report or declaration under oath required or authorized by this chapter, or
(b) Of any material fact or thing contained in a sworn statement concerning the death or disability of an insured for the purpose of procuring payment of a benefit named in the certificate,
shall be guilty of perjury and shall be subject to the penalties therefor prescribed by law.
History.—ss. 4, 6, ch. 86-140; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 632 - Fraternal Benefit Societies › 632.638 - Applicability of Other Code Provisions.

1
632.638 Applicability of other code provisions.—In addition to other provisions contained or referred to in this chapter, the following chapters and provisions of this code apply to fraternal benefit societies, to the extent applicable and not in conflict with the express provisions of this chapter and the reasonable implications thereof:
(1) Part I of chapter 624;
(2) Part II of chapter 624;
(3) Sections 624.404, 624.415, 624.416, 624.418, 624.420, 624.421, 624.4211, 624.422, and 624.423;
(4) Section 624.501;
(5) Part I of chapter 626;
(6) Part III of chapter 626;
(7) Part IV of chapter 626;
(8) Sections 626.901-626.912;
(9) Part VIII of chapter 626, subject to the limitations set forth in former s. 632.341;
(10) Section 627.424;
(11) Section 627.4301;
(12) Section 627.479; and
(13) Part I of chapter 631.
History.—ss. 4, 6, ch. 86-140; s. 44, ch. 88-166; s. 20, ch. 90-119; s. 184, ch. 91-108; s. 4, ch. 91-429; s. 3, ch. 97-182; s. 26, ch. 2023-15.
1
Note.—
A. Section 29, ch. 2023-15, provides that “[t]his act shall not be construed to impair any right under an insurance contract in effect on or before [March 24, 2023]. To the extent that this act affects a right under an insurance contract, this act applies to an insurance contract issued or renewed after [March 24, 2023].”
B. Section 30, ch. 2023-15, provides that “[e]xcept as otherwise expressly provided in this act, this act shall apply to causes of action filed after [March 24, 2023].”
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part I - General Provisions (Ss. 633.102-633.1423) › 633.106 - State Fire Marshal; disciplinary authority; administrative fine and probation in lieu of suspension, revocation, or refusal to issue a license, permit, or certificate.

633.106 State Fire Marshal; disciplinary authority; administrative fine and probation in lieu of suspension, revocation, or refusal to issue a license, permit, or certificate.—
(1) The State Fire Marshal may deny, suspend, or revoke the license, certificate, or permit of any individual who does not meet the qualifications established by, or who violates any provision under, this chapter or any rule authorized by this chapter.
(2) If the State Fire Marshal finds that one or more grounds exist for the suspension, revocation, or refusal to issue, renew, or continue any license, certificate, or permit issued under this chapter, the State Fire Marshal may, in its discretion, in lieu of the suspension, revocation, or refusal to issue, renew, or continue, and, except on a second offense or when the suspension, revocation, or refusal to issue, renew, or continue is mandatory, impose upon the licensee, certificateholder, or permittee one or more of the following:
(a) An administrative fine not to exceed $1,000 for each violation, and not to exceed a total of $10,000 in any one proceeding.
(b) Probation for a period not to exceed 2 years, as specified by the State Fire Marshal in her or his order.
(3) The State Fire Marshal may allow the licensee, certificateholder, or permittee a reasonable period, not to exceed 30 days, within which to pay to the State Fire Marshal the amount of the fine. If the licensee, certificateholder, or permittee fails to pay the administrative fine in its entirety to the State Fire Marshal within such period, the license, permit, or certificate shall stand suspended until payment of the administrative fine.
(4) As a condition to probation or in connection therewith, the State Fire Marshal may specify in her or his order reasonable terms and conditions to be fulfilled by the probationer during the probation period. If during the probation period the State Fire Marshal has good cause to believe that the probationer has violated any of the terms and conditions, she or he shall suspend, revoke, or refuse to issue, renew, or continue the license, certificate, or permit of the probationer, as upon the original ground or grounds referred to in subsection (2).
History.—s. 5, ch. 71-141; s. 21, ch. 78-95; s. 9, ch. 84-243; s. 21, ch. 89-233; s. 8, ch. 93-276; s. 4, ch. 2013-183.
Note.—Former s. 633.163.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part I - General Provisions (Ss. 633.102-633.1423) › 633.107 - Exemption from disqualification from licensure or certification.

633.107 Exemption from disqualification from licensure or certification.—
(1) The department may grant an exemption from disqualification to any person disqualified from licensure or certification by the Division of State Fire Marshal under this chapter because of a criminal record or dishonorable discharge from the United States Armed Forces if the applicant has paid in full any fee, fine, fund, lien, civil judgment, restitution, cost of prosecution, or trust contribution imposed by the court as part of the judgment and sentence for any disqualifying offense and:
(a) At least 5 years have elapsed since the applicant completed or has been lawfully released from confinement, supervision, or nonmonetary condition imposed by the court for a disqualifying offense; or
(b) At least 5 years have elapsed since the applicant was dishonorably discharged from the United States Armed Forces.
(2) For the department to grant an exemption, the applicant must clearly and convincingly demonstrate that he or she would not pose a risk to persons or property if permitted to be licensed or certified under this chapter, evidence of which must include, but need not be limited to, facts and circumstances surrounding the disqualifying offense, the time that has elapsed since the offense, the nature of the offense and harm caused to the victim, the applicant’s history before and after the offense, and any other evidence or circumstances indicating that the applicant will not present a danger if permitted to be licensed or certified.
(3) The department has discretion whether to grant or deny an exemption. The department shall provide its decision in writing which, if the exemption is denied, must state with particularity the reasons for denial. The department’s decision is subject to proceedings under chapter 120, except that a formal proceeding under s. 120.57(1) is available only if there are disputed issues of material fact that the department relied upon in reaching its decision.
(4) An applicant may request an exemption, notwithstanding the time limitations of paragraphs (1)(a) and (b), if by executive clemency his or her civil rights are restored, or he or she receives a pardon, from the disqualifying offense. The fact that the applicant receives executive clemency does not alleviate his or her obligation to comply with subsection (2) or in itself require the department to award the exemption.
(5) The division may adopt rules to administer this section.
History.—s. 20, ch. 2016-132.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part I - General Provisions (Ss. 633.102-633.1423) › 633.108 - State Fire Marshal; chapter and rules; force and effect.

633.108 State Fire Marshal; chapter and rules; force and effect.—This chapter and all rules promulgated by the State Fire Marshal hereunder shall have the same force and effect in each municipality, county, and special district having firesafety responsibilities as the ordinances of each municipality, county, and special district having firesafety responsibilities and shall be enforceable in the courts in the same manner as such ordinances.
History.—s. 1, ch. 21847, 1943; ss. 13, 35, ch. 69-106; s. 3, ch. 70-299; s. 1, ch. 77-119; s. 10, ch. 87-287; s. 5, ch. 2013-183.
Note.—Former s. 633.15.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part I - General Provisions (Ss. 633.102-633.1423) › 633.114 - State Fire Marshal agents; authority; duties; compensation.

633.114 State Fire Marshal agents; authority; duties; compensation.—
(1) The State Fire Marshal shall appoint such agents, including agents of the Division of Investigative and Forensic Services, as may be necessary to carry out effectively 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, including agents of the Division of Investigative and Forensic Services, shall be at all times under the direction and control of the State Fire Marshal, who shall fix their compensation, and all orders shall be issued in the State Fire Marshal’s name and by her or his authority.
(2) The authority given the State Fire Marshal under this chapter may be exercised by her or his agents, individually or in conjunction with any other state or local official charged with similar responsibilities.
History.—s. 2, ch. 20671, 1941; s. 1, ch. 57-102; s. 19, ch. 63-400; s. 4, ch. 67-78; ss. 13, 35, ch. 69-106; s. 3, ch. 70-299; s. 421, ch. 97-102; s. 8, ch. 2013-183; s. 31, ch. 2016-165.
Note.—Former s. 633.02.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part I - General Provisions (Ss. 633.102-633.1423) › 633.116 - Agents; powers to make arrests, conduct searches and seizures, serve summonses, and carry firearms.

633.116 Agents; powers to make arrests, conduct searches and seizures, serve summonses, and carry firearms.—Agents of the State Fire Marshal shall have the same authority to serve summonses, make arrests, carry firearms, and make searches and seizures, as the sheriff or her or his deputies, in the respective counties where such investigations, hearings, or inspections may be held; and affidavits necessary to authorize any such arrests, searches, or seizures may be made before any trial court judge having authority under the law to issue appropriate processes.
History.—s. 1, ch. 21847, 1943; ss. 13, 35, ch. 69-106; s. 3, ch. 70-299; s. 428, ch. 97-102; s. 12, ch. 2004-11; s. 9, ch. 2013-183.
Note.—Former s. 633.14.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part I - General Provisions (Ss. 633.102-633.1423) › 633.118 - Persons authorized to enforce laws and rules of State Fire Marshal.

633.118 Persons authorized to enforce laws and rules of State Fire Marshal.—The chiefs of county, municipal, and special-district fire service providers; other fire service provider personnel designated by their respective chiefs; and personnel designated by local governments having no organized fire service providers are authorized to enforce this chapter and all rules prescribed by the State Fire Marshal within their respective jurisdictions. Such personnel acting under the authority of this section shall be agents of their respective jurisdictions, not agents of the State Fire Marshal.
History.—s. 9, ch. 20671, 1941; s. 9, ch. 65-216; s. 4, ch. 67-78; ss. 13, 35, ch. 69-106; s. 3, ch. 70-299; s. 5, ch. 76-252; s. 1, ch. 80-215; s. 10, ch. 2013-183.
Note.—Former s. 633.11; s. 633.121.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part I - General Provisions (Ss. 633.102-633.1423) › 633.122 - Impersonating State Fire Marshal, firefighter, volunteer firefighter, or firesafety inspector; criminal penalties.

633.122 Impersonating State Fire Marshal, firefighter, volunteer firefighter, or firesafety inspector; criminal penalties.—A person who falsely assumes or pretends to be the State Fire Marshal, an agent of the State Fire Marshal, a firefighter, a volunteer firefighter, or a firesafety inspector by identifying herself or himself as the State Fire Marshal, an agent of the State Fire Marshal, a firefighter, a volunteer firefighter, or a firesafety inspector by wearing a uniform or presenting or displaying a badge as credentials that would cause a reasonable person to believe that she or he is a State Fire Marshal, an agent of the State Fire Marshal, a firefighter, a volunteer firefighter, or firesafety inspector commits a felony of the third degree, punishable as provided in ss. 775.082 and 775.083 or, if the impersonation occurs during the commission of a separate felony by that person, commits a felony of the first degree, punishable as provided in ss. 775.082 and 775.083.
History.—s. 5, ch. 90-359; s. 429, ch. 97-102; s. 11, ch. 2013-183; s. 32, ch. 2016-165.
Note.—Former s. 633.151.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part I - General Provisions (Ss. 633.102-633.1423) › 633.132 - Fees.

633.132 Fees.—
(1) The division shall collect in advance the following fees that it deems necessary to be charged:
(a) Pursuant to part III of this chapter:
1. Contractor certificate initial application: $300 for each class of certificate.
2. Contractor biennial renewal fee: $150 for each class of certificate.
3. Contractor permit initial application fee: $100 for each class of permit.
4. Contractor permit biennial renewal fee: $50 for each class of permit.
5. Contractor examination or reexamination fee: $100 for each class of certificate.
6. Fire equipment dealer license:
a. Class A: $250.
b. Class B: $150.
c. Class C: $150.
d. Class D: $200.
7. Fire equipment dealer or contractor application and renewal fee for an inactive license: $75.
8. Fire equipment dealer license or permit exam or reexamination: $50.
9. Reinspection fee for a dealer equipment inspection conducted by the State Fire Marshal under s. 633.304(1): $50 for each reinspection.
10. Permit for a portable fire extinguisher installer/repairer/inspector: $90.
11. Permit for a preengineered fire extinguishing system installer/repairer/inspector: $120.
12. Conversion of a fire equipment dealer’s license to a different category: $10 for each permit and license.
(b) Pursuant to part IV of this chapter:
1. Certificate of compliance: $30.
2. Certificate of competency: $30.
3. Renewal fee for a certificate of compliance, competency, or instruction: $15.
(c) Duplicate or change of address for any license, permit, or certificate: $10.
(2) All moneys collected by the State Fire Marshal pursuant to this chapter shall be deposited into the Insurance Regulatory Trust Fund.
History.—s. 15, ch. 2013-183.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part I - General Provisions (Ss. 633.102-633.1423) › 633.134 - Gifts and grants.

633.134 Gifts and grants.—The division may accept for any of its purposes and functions any donations of property and grants of money from any governmental unit, public agency, institution, person, firm, or corporation. Such moneys shall be deposited, disbursed, and administered in a trust fund as provided by law.
History.—ss. 13, 17, ch. 69-323; s. 1, ch. 70-110; ss. 1, 6, ch. 75-151; s. 16, ch. 2013-183.
Note.—Former s. 163.515; s. 633.39.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part I - General Provisions (Ss. 633.102-633.1423) › 633.136 - Fire and Emergency Incident Information Reporting Program; duties; fire reports.

633.136 Fire and Emergency Incident Information Reporting Program; duties; fire reports.—
(1)(a) The Fire and Emergency Incident Information Reporting Program is created within the division. The program shall:
1. Establish and maintain an electronic communication system capable of transmitting fire and emergency incident information to and between fire service providers.
2. Initiate a Fire and Emergency Incident Information Reporting System that is responsible for:
a. Receiving fire and emergency incident information from fire service providers.
b. Preparing and disseminating annual reports to the Governor, the President of the Senate, the Speaker of the House of Representatives, fire service providers, and, upon request, the public. Each report must include, but not be limited to, the information listed in the National Fire Incident Reporting System.
c. Upon request, providing other states and federal agencies with fire and emergency incident data of this state.
3. Adopt rules to effectively and efficiently implement, administer, manage, maintain, and use the Fire and Emergency Incident Information Reporting Program. The rules shall be considered minimum requirements and may not preclude a fire service provider from implementing its own requirements that may not conflict with the rules of the division.
4. By rule, establish procedures and a format for each fire service provider to voluntarily monitor its records and submit reports to the program.
5. Maintain an electronic information database that is accessible and searchable by fire service providers.
(b) The division shall consult with the Florida Forest Service of the Department of Agriculture and Consumer Services and the State Surgeon General of the Department of Health to coordinate data, ensure accuracy of the data, and limit duplication of efforts in data collection, analysis, and reporting.
(2) The Fire and Emergency Incident Information System Technical Advisory Panel is created within the division. The panel shall advise, review, and recommend to the State Fire Marshal with respect to the requirements of this section. The membership of the panel consists of the 15 members of the Firefighters Employment, Standards, and Training Council as established in s. 633.402.
(3) As used in this section, the term “fire service provider” has the same meaning as in s. 633.102.
History.—s. 2, ch. 2005-117; s. 75, ch. 2012-7; s. 112, ch. 2012-184; s. 17, ch. 2013-183; s. 24, ch. 2021-113.
Note.—Former s. 633.115.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part I - General Provisions (Ss. 633.102-633.1423) › 633.137 - Firefighter Cancer Decontamination Equipment Grant Program.

633.137 Firefighter Cancer Decontamination Equipment Grant Program.—
(1) The Firefighter Cancer Decontamination Equipment Grant Program is created within the division to help protect the health and safety of firefighters in this state. The program shall provide financial assistance to help fire departments, including volunteer fire departments, procure equipment, supplies, and educational training designed to mitigate exposure to hazardous, cancer-causing chemicals.
(2) The division shall administer the program and annually award grants to fire departments on a need-based basis. The division shall distribute equipment and training in a manner that leads to the greatest reduction in incidences of firefighters being exposed to hazardous postfire contaminants.
(3) The State Fire Marshal shall adopt rules and procedures for the program, including for the approval of applications and development of need-based criteria. These criteria shall include, but are not limited to, the decontamination equipment and supply needs of the fire department, the financial needs of the fire department, and the level of nonstate matching funds proposed in the application. Grant applications must include a minimum of 25 percent nonstate funding.
(4) Grant recipients must:
(a) Report their activity to the division for submission in the Fire and Emergency Incident Information Reporting System created under s. 633.136.
(b) Comply with the Florida Firefighters Occupational Safety and Health Act, ss. 633.502-633.536.
(c) Comply with any other rule determined by the State Fire Marshal to effectively and efficiently implement, administer, and manage the program.
History.—s. 1, ch. 2020-96.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part I - General Provisions (Ss. 633.102-633.1423) › 633.138 - Notice of change of address of record; notice of felony actions.

633.138 Notice of change of address of record; notice of felony actions.—
(1) Any individual issued a license, permit, or certificate under this chapter shall notify the division in writing of any changes to her or his current mailing address, e-mail address, and place of practice as specified in rule adopted by the division.
(2) Notwithstanding any other provision of law, delivery by regular mail or e-mail to a licensee, permittee, or certificateholder, using the last known mailing address or e-mail address on record with the division, constitutes adequate and sufficient notice to the licensee, permittee, or certificateholder of any official communication by the division.
(3) Any individual issued a license, permit, or certificate under this chapter shall notify the division in writing within 30 days after pleading guilty or nolo contendere to, or being convicted or found guilty of, any 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, without regard to whether a judgment of conviction has been entered by the court having jurisdiction of the case.
History.—s. 18, ch. 2013-183.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part II - Fire Safety and Prevention (Ss. 633.202-633.228) › 633.217 - Influencing a firesafety inspector; prohibited acts.

633.217 Influencing a firesafety inspector; prohibited acts.—
(1) A person may not influence a firesafety inspector by:
(a) Threatening, coercing, tricking, or attempting to threaten, coerce, or trick the firesafety inspector into violating any provision of the Florida Fire Prevention Code, any rule adopted by the State Fire Marshal, or any provision of this chapter.
(b) Offering any compensation to the firesafety inspector to induce a violation of the Florida Fire Prevention Code, any rule adopted by the State Fire Marshal, or any provision of this chapter.
(2) A firesafety inspector may not knowingly and intentionally request, solicit, accept, or agree to accept compensation offered as described in paragraph (1)(b).
History.—s. 26, ch. 2021-113.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part II - Fire Safety and Prevention (Ss. 633.202-633.228) › 633.222 - Buildings with light-frame truss-type construction; notice requirements; enforcement.

633.222 Buildings with light-frame truss-type construction; notice requirements; enforcement.—
(1) The owner of any commercial or industrial structure, or any multiunit residential structure of three units or more, that uses light-frame truss-type construction shall mark the structure with a sign or symbol approved by the State Fire Marshal in a manner sufficient to warn persons conducting fire control and other emergency operations of the existence of light-frame truss-type construction in the structure.
(2) The State Fire Marshal shall adopt rules necessary to implement the provisions of this section, including, but not limited to:
(a) The dimensions and color of such sign or symbol.
(b) The time within which commercial, industrial, and multiunit residential structures that use light-frame truss-type construction shall be marked as required by this section.
(c) The location on each commercial, industrial, and multiunit residential structure that uses light-frame truss-type construction where such sign or symbol must be posted.
(3) The State Fire Marshal, and local fire officials in accordance with s. 633.118, shall enforce this section. An owner who fails to comply with the requirements of this section is subject to penalties as provided in s. 633.228.
History.—s. 5, ch. 2008-192; s. 29, ch. 2013-183.
Note.—Former s. 633.027.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part II - Fire Safety and Prevention (Ss. 633.202-633.228) › 633.224 - Automatic fire sprinkler systems for one-family dwellings, two-family dwellings, and mobile homes.

633.224 Automatic fire sprinkler systems for one-family dwellings, two-family dwellings, and mobile homes.—
(1) It is unlawful for a person to engage in the business or act in the capacity of a contractor of automatic fire sprinkler systems for one-family dwellings, two-family dwellings, and mobile homes without having been duly certified and holding a current certificate as a Contractor I, Contractor II, or Contractor IV as defined in s. 633.102.
(2) A person who violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 4, 5, ch. 84-107; ss. 2, 4, ch. 87-181; s. 4, ch. 91-429; s. 3, ch. 98-104; s. 30, ch. 2013-183.
Note.—Former s. 633.60.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part II - Fire Safety and Prevention (Ss. 633.202-633.228) › 633.226 - Exemptions; farm outbuildings; standpipe systems installed by plumbing contractors.

633.226 Exemptions; farm outbuildings; standpipe systems installed by plumbing contractors.—
(1) This act does not apply to owners of property who are building or improving farm outbuildings.
(2) A licensed plumbing contractor is not required to be certified under this act to install standpipe systems and the following items connected thereto: overhead and underground water mains, fire hydrants and hydrant mains, hose connections, tanks and pumps; including sprinkler heads in trash chutes and in trash rooms, having no connection to an automatic sprinkler.
History.—s. 19, ch. 75-240; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 1, ch. 77-457; s. 8, ch. 78-141; s. 5, ch. 80-342; s. 2, ch. 81-318; s. 3, ch. 84-107; ss. 1, 2, ch. 85-128; s. 4, ch. 91-429; s. 31, ch. 2013-183.
Note.—Former s. 633.557.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part II - Fire Safety and Prevention (Ss. 633.202-633.228) › 633.228 - Violations; orders to cease and desist, correct hazardous conditions, preclude occupancy, or vacate; enforcement; penalties.

633.228 Violations; orders to cease and desist, correct hazardous conditions, preclude occupancy, or vacate; enforcement; penalties.—
(1) If it is determined by the department that a violation specified in this subsection exists, the State Fire Marshal or her or his deputy may issue and deliver to the person committing the violation an order to cease and desist from such violation, to correct any hazardous condition, to preclude occupancy of the affected building or structure, or to vacate the premises of the affected building or structure. Such violations are:
(a) Except as set forth in paragraph (b), a violation of any provision of this chapter, of any rule adopted pursuant thereto, of any applicable uniform firesafety standard adopted pursuant to s. 633.206 which is not adequately addressed by any alternative requirements adopted on a local level, or of any minimum firesafety standard adopted pursuant to s. 394.879.
(b) A substantial violation of an applicable minimum firesafety standard adopted pursuant to s. 633.208 which is not reasonably addressed by any alternative requirement imposed at the local level, or an unreasonable interpretation of an applicable minimum firesafety standard, and which violation or interpretation clearly constitutes a danger to lifesafety.
(c) A building or structure which is in a dilapidated condition and as a result thereof creates a danger to life, safety, or property.
(d) A building or structure which contains explosive matter or flammable liquids or gases constituting a danger to life, safety, or property.
(2)(a) If, during the conduct of a firesafety inspection authorized by ss. 633.216 and 633.218, it is determined that a violation described in this section exists which poses an immediate danger to the public health, safety, or welfare, the State Fire Marshal may issue an order to vacate the building in question, which order shall be immediately effective and shall be an immediate final order under s. 120.569(2)(n). With respect to a facility under the jurisdiction of a district school board or community college board of trustees, the order to vacate shall be issued jointly by the district superintendent or college president and the State Fire Marshal.
(b) The State Fire Marshal may seek an injunction in the circuit court of the county in which the building is located to enforce an order issued pursuant to this subsection.
(3) A person who violates or fails to comply with any order under subsection (1) or subsection (2) commits a misdemeanor, punishable as provided in s. 633.124.
History.—s. 10, ch. 65-216; s. 4, ch. 67-78; ss. 13, 35, ch. 69-106; s. 3, ch. 71-141; s. 21, ch. 78-95; s. 7, ch. 84-243; s. 11, ch. 87-287; s. 14, ch. 95-379; s. 276, ch. 96-410; s. 1743, ch. 97-102; s. 49, ch. 99-3; s. 1398, ch. 2003-261; s. 32, ch. 2013-183.
Note.—Former s. 633.161.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part III - Fire Protection and Suppression (Ss. 633.302-633.3482) › 633.306 - Requirements for installation, inspection, and maintenance of fire suppression equipment.

633.306 Requirements for installation, inspection, and maintenance of fire suppression equipment.—
(1) The requirements for installation of fire extinguishers and preengineered systems are as follows:
(a) Fire equipment dealers shall be licensed under s. 633.304.
(b) Equipment supplied shall be listed by a nationally recognized testing laboratory, such as Underwriters Laboratories, Inc., or Factory Mutual Laboratories, Inc. Equipment supplied for new installations or alterations of existing systems must be currently listed as described in this section. The State Fire Marshal shall adopt by rule procedures for determining whether a laboratory is nationally recognized, taking into account the laboratory’s facilities, procedures, use of nationally recognized standards, and any other criteria reasonably calculated to reach an informed determination.
(c) Equipment shall be installed in accordance with the applicable standards of the National Fire Protection Association and the manufacturer’s drawings and specifications, using only components and parts specified by the manufacturer or listed as equal parts by a nationally recognized testing laboratory, such as Underwriters Laboratories, Inc., or Factory Mutual Laboratories, Inc.
(d) Each piece of equipment supplied shall be guaranteed for a period of 1 year against defects in material or operation.
(e) The fire equipment dealer shall furnish the consumer with: the manufacturer’s descriptive literature, including the specifications and maintenance requirements as approved by the nationally recognized testing laboratory; the operating instructions for all equipment installed; the mechanical drawings and specifications for proper installation and use of equipment; and a diagram of the final installation, if applicable.
(2) Equipment shall be inspected, serviced, and maintained in accordance with the manufacturer’s maintenance procedures and with the applicable National Fire Protection Association standards.
History.—s. 4, ch. 75-240; s. 2, ch. 80-342; s. 3, ch. 84-243; s. 16, ch. 89-233; s. 4, ch. 91-189; s. 3, ch. 98-170; s. 54, ch. 98-419; s. 36, ch. 2013-183; s. 30, ch. 2019-140.
Note.—Former s. 633.065.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part III - Fire Protection and Suppression (Ss. 633.302-633.3482) › 633.314 - Sale or use of certain types of fire extinguishers prohibited; penalty.

633.314 Sale or use of certain types of fire extinguishers prohibited; penalty.—
(1)(a) It is unlawful to have for use any of the following types of fire extinguishers:
1. Carbon tetrachloride;
2. Chlorobromomethane;
3. Dibromodifluoromethane (commonly known as Halon 1202);
4. Dichlorodifluoromethane;
5. Azeotropic chloromethane;
6. 1,2 dibromo-2-chloro-1, 1,2 trifluoroethane;
7. 1,2 dibromo-2, 2-difluoroethane;
8. Methyl bromide;
9. Ethylene dibromide;
10. Hydrogen bromide;
11. Methylene bromide;
12. Bromodifluoromethane;
13. Any other toxic or poisonous vaporizing liquid fire extinguishers using extinguishing agents determined by the State Fire Marshal to be unacceptably harmful; and
14. Inverting water fire extinguishers.
(b) It is unlawful to offer for sale, sell, or give in this state any of the types of fire extinguishers listed in paragraph (a).
(2) It is unlawful for any person, directly or through an agent, to sell, offer for sale, or give in this state any make, type, or model of fire extinguisher, either new or used, unless such make, type, or model of extinguisher has first been tested and is currently approved or listed by Underwriters Laboratories, Inc., Factory Mutual Laboratories, Inc., or another testing laboratory recognized by the State Fire Marshal as nationally recognized in accordance with procedures adopted by rule, taking into account the laboratory’s facilities, procedures, use of nationally recognized standards, and any other criteria reasonably calculated to reach an informed determination, and unless such extinguisher carries an Underwriters Laboratories, Inc., or manufacturer’s serial number. Such serial number must be permanently affixed on the manufacturer’s identification and instruction plate.
(3) A person who violates this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—ss. 1, 2, 3, ch. 70-417; s. 658, ch. 71-136; s. 2, ch. 78-141; s. 5, ch. 84-243; s. 18, ch. 89-233; s. 39, ch. 2013-183; s. 41, ch. 2018-102.
Note.—Former s. 633.083.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part III - Fire Protection and Suppression (Ss. 633.302-633.3482) › 633.322 - County, municipal, and special district powers; effect of ch. 75-240.

633.322 County, municipal, and special district powers; effect of ch. 75-240.—
(1) This chapter does not limit the power of a municipality, county, or special district to regulate the quality and character of work performed by contractors through a system of permits, fees, and inspections which are designed to secure compliance with, and aid in the implementation of, state and local building laws or to enforce other local laws for the protection of the public health and safety.
(2) This chapter does not limit the power of a municipality, county, or special district to adopt any system of permits requiring submission to and approval by the municipality, county, or special district of plans and specifications for work to be performed by contractors before commencement of the work, except that a municipality, county, or special district may not require a fire protection system contractor’s shop drawings to be sealed by a professional engineer.
(3) An official authorized to issue building or other related permits shall ascertain that the applicant contractor is duly certified before issuing the permit. The evidence shall consist only of the exhibition to him or her of evidence of current certification.
(4) The State Fire Marshal shall inform each county and municipal building department, prior to November 1 of each year, of the names of the certified contractors and the type of certificate held.
History.—s. 16, ch. 75-240; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 8, ch. 78-141; s. 2, ch. 81-318; ss. 1, 2, ch. 85-128; s. 34, ch. 89-233; s. 4, ch. 91-429; s. 449, ch. 97-102; s. 3, ch. 98-35; s. 42, ch. 2013-183.
Note.—Former s. 633.551.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part III - Fire Protection and Suppression (Ss. 633.302-633.3482) › 633.324 - Records concerning applicant; extent of confidentiality.

633.324 Records concerning applicant; extent of confidentiality.—
(1) Test material is made confidential by s. 119.071(1)(a). An applicant may waive in writing the confidentiality of his or her examination answer sheet for the purpose of discussion with the State Fire Marshal or his or her staff.
(2) All examination test questions, answer sheets, and grades shall be retained for a period of 2 years following the date of the examination.
History.—s. 13, ch. 75-240; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 8, ch. 78-141; s. 2, ch. 81-318; ss. 1, 2, ch. 85-128; s. 8, ch. 88-209; s. 4, ch. 91-429; s. 3, ch. 93-112; s. 19, ch. 93-276; s. 1, ch. 94-188; s. 4, ch. 95-398; s. 444, ch. 97-102; ss. 24, 48, ch. 2004-335; s. 51, ch. 2005-251; s. 43, ch. 2013-183.
Note.—Former s. 633.527.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part III - Fire Protection and Suppression (Ss. 633.302-633.3482) › 633.326 - Certificate effective statewide; not transferable.

633.326 Certificate effective statewide; not transferable.—When a certificateholder desires to engage in contracting in any area of the state, as a prerequisite therefor she or he shall only be required to exhibit to the local building official, tax collector, or other person in charge of the issuance of licenses and building permits in the area, evidence of holding a current certificate, accompanied by the fee for the occupational license and building permit required of other persons. It is a violation of this chapter for a certificateholder to sell or otherwise transfer her or his certificate to another person.
History.—s. 9, ch. 75-240; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 8, ch. 78-141; s. 2, ch. 81-318; s. 16, ch. 84-243; ss. 1, 2, ch. 85-128; s. 4, ch. 91-429; s. 445, ch. 97-102; s. 44, ch. 2013-183.
Note.—Former s. 633.531.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part III - Fire Protection and Suppression (Ss. 633.302-633.3482) › 633.342 - Violations subject to injunction.

633.342 Violations subject to injunction.—A person who operates as a contractor without a current certificate or who violates any part of this chapter or any rule, decision, order, direction, demand, or requirement of the State Fire Marshal in relation thereto, or any part or provision thereof, may be enjoined by the courts of the state from any such violation or such unauthorized or unlawful contracting at the request of the State Fire Marshal, the board, or any resident or taxpayer of the state.
History.—s. 15, ch. 75-240; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 8, ch. 78-141; s. 2, ch. 81-318; ss. 1, 2, ch. 85-128; s. 15, ch. 87-287; s. 4, ch. 91-429; s. 50, ch. 2013-183.
Note.—Former s. 633.549.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part III - Fire Protection and Suppression (Ss. 633.302-633.3482) › 633.344 - Application of law regulating contracting and contractors.

633.344 Application of law regulating contracting and contractors.—
(1)(a) This chapter applies to any contractor performing work for the state or any county or municipality, as well as to contractors performing work pursuant to private contracts or agreements. Officers of the state or any county or municipality are required to determine compliance with this chapter before awarding any contracts for construction, improvement, remodeling, or repair.
(b) The state or any county or municipality may require that bids submitted for construction, improvement, remodeling, or repair of public buildings be accompanied by evidence that the bidder holds a current certificate.
(2) The provisions of this chapter relating to certification and contracting as a fire protection systems contractor shall apply to those so engaged in the business of contracting for fire protection systems.
History.—ss. 5, 16, ch. 75-240; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 8, ch. 78-141; s. 2, ch. 81-318; ss. 1, 2, ch. 85-128; s. 16, ch. 87-287; s. 35, ch. 89-233; s. 4, ch. 91-429; s. 51, ch. 2013-183.
Note.—Former s. 633.554.
2023 Florida Statutes › Title XXXVII - Insurance › Chapter 633 - Fire Prevention and Control › Part III - Fire Protection and Suppression (Ss. 633.302-633.3482) › 633.346 - Jurisdiction of State Fire Marshal over alarm system contractors and certified unlimited electrical contractors.

633.346 Jurisdiction of State Fire Marshal over alarm system contractors and certified unlimited electrical contractors.—
(1) If the State Fire Marshal, in the course of its activities pursuant to s. 633.104(2), determines that an alarm system contractor or a certified unlimited electrical contractor working with an alarm system has violated any provision of this chapter or the rules of the State Fire Marshal, the State Fire Marshal shall have jurisdiction, notwithstanding any other provision of this chapter, to order corrective action by the alarm system contractor or the certified unlimited electrical contractor to bring the alarm system into compliance with applicable standards set forth in this chapter and the rules of the State Fire Marshal.
(2) Any order issued by the State Fire Marshal shall comply with the provisions of chapter 120 and allow a reasonable time for corrective action to be completed.
(3) The Department of Business and Professional Regulation and the Electrical Contractors’ Licensing Board may participate, at their discretion, but not as a party, in any proceedings relating to corrective action.
(4) The State Fire Marshal shall adopt standards, by rule, for the installation, maintenance, alteration, repair, monitoring, inspection, replacement, or servicing of fire alarms and fire alarm systems.
History.—ss. 11, 14, ch. 87-254; ss. 22, 24, ch. 88-149; s. 4, ch. 91-429; s. 227, ch. 94-218; s. 231, ch. 98-200; s. 52, ch. 2013-183.
Note.—Former s. 633.70.