Legislative Report
2005 FSFA LEGISLATIVE UPDATE
Prepared by Buddy Dewar
Florida State
Firefighter's Association
Legislative Report
2005
FSFA LEGISLATIVE
UPDATE
Prepared by Buddy Dewar
The 2005 Florida Legislative Session ended just minutes
before midnight on May 6, 2005. While the 60-day legislative session was filled
with many exciting discussions and much fireworks, little in direct benefits
came towards the firefighter. Changes in firefighter workers’ compensation laws,
while expertly pursued by the Florida Professional Firefighter’s fell short of
passage as the legislature tightened its financial expenditures.
There is a strong and persistent movement by the fireworks industry to legalize
consumer fireworks in the State of Florida. The fireworks industry has been
slithering through a loophole in the Chapter 791, Florida Statutes, whereby
anyone can sign a paper saying they will use the fireworks for agricultural
purposes and then can buy bottle rockets and other consumer fireworks. Seems odd
that birds in Florida only feed at night, as one does not see the bottle rockets
flying during the day. There have been two deaths and two critical injuries from
consumer fireworks incidents in Florida in the past 9 months and should the sale
of these fireworks become legal, we can only expect a major increase in death
and injury to the unsuspecting public. There is much money to be made from the
sale of consumer fireworks and accordingly, the bottom-crawling fireworks
industry who possess total disregard for the health, safety and welfare of the
public have hired major lobbyists – very expensive lobbyists. Distressing is the
misrepresentations, knowingly intentional misrepresentations, that has come from
the fireworks industry as they attempt to generate a multi-million dollar
increase in their industry at the expense of the Florida taxpayer. For example,
the fireworks industry claims that 1,100 jobs will be lost if consumer fireworks
are not legalized when in reality the vast majority (98%+) of these workers are
seasonal employees who work a couple weeks before July 4th and December 31st.
The entire Florida fire service community came together to fight off attempts to
legalize fireworks and we were successful this year and will continue to fight
for the health safety and welfare of the public.
I know that the fireworks issue has controversial issues within our communities.
The proponents for open fireworks argue it is patriotic to display fireworks.
Yes, major community pyrotechnic displays are linked to national patriotic
holidays in the United States, China, and many other countries. But if I bring
my family to a city or county sponsored pyrotechnic display, I should not be
subjected to consumer fireworks and bottle rockets while seated in the crowd.
Consumer fireworks are totally banned, sparkers included, in 7 states and 6 of
these 7 states are part of our original 13 founding states of our nation. The
message in these states is the same message we should give in Florida – go to
the pyrotechnic display. One would be hard pressed to find an Ophthalmologist
working in Florida who HAS NOT treated a fireworks caused eye injury; my
ophthalmologist reported removing a severely damaged eye from a boy under 12
years old who was playing bottle rocket war with his friends. The two recent
consumer fireworks related deaths were but allegedly contributed to discharging
fireworks from their moving vehicle when fireworks within the car exploded. One
injured victim jumped from the burning car as it was going 35 MPH to avoid the
exploding fireworks within the car. And when we have chosen the walk in life as
a member of the fire service, we then become advocates for fire safety
notwithstanding how much fun it may seem to us to discharge consumer fireworks.
I will never forget a discussion with a friend who was and still us struggling
through life working hard to support his family. He bought bottle rockets and
other fireworks, some were great, most were little more than noisemakers with
little glitter; he spent over $500 of his mini-pyrotechnical effort, money he
really did not have to spend. His little show lasted ten-minutes and when it was
over I asked him if it was worth it? He responded not really but it seemed like
the thing to do. The following year he many plans to take his family to the city
sponsored pyrotechnic show – after cokes and candy he surely saved a lot of
money.
What did pass the Florida legislature was:
1. Upgraded controls on the use of pyrotechnic display within places of assembly
– a follow-up law in response to the Rhode Island The Station Nightclub fire
tragedy.
2. Included “Fire Inspections associated with new construction” as a service
that can be funded via building permit fees.
3. Language dealing with infrastructure considerations that should be reviewed
prior to the enactment of a residential fire sprinkler ordinance.
4. Created an informal interpretation process for the Florida Fire Prevention
Code.
5. Clarified point of service issues or the connection start point for fire
sprinkler systems.
6. Created a NFPA 25 fire sprinkler inspector licensure program and those to be
licensed must meet NICET II ITM certification.
7. Eliminated a conflict between the building and fire codes that deals with
stairs inside dwelling units.
8. Strengthened the “Fire and Emergency Incident Information Reporting Program”
in the SFMO which will provide us with more detailed data to justify many of our
actions.
9. Required fire sprinkler protection in all existing nursing homes by 2010.
There are approximately 35 nursing homes in Florida currently not fire sprinkler
protected.
The 2005 Florida Legislative session will be remembered as one of the most
successful in the fire-marshaling arena. I wish we had more success providing
benefits for our firefighters. I will be at the FSFA Annual meeting in late July
and available for any questions on legislative activities.
Buddy Dewar,
FSFA Legislative Director.
(FSFA - 2005)