69A-37.054 Out of State Firefighter Certificate of Compliance and Special Certificate of Compliance.

1. (1) Out of State Firefighter Certificate of Compliance.

   1. (a) 1. An individual who has satisfactorily completed training for firefighters in another state and seeks a Firefighter Certificate of Compliance shall submit:

      a. A completed Form DFS-K4-1309 “Firefighter Equivalency Examination Requirements,” which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C.

      b. A completed Form DFS-K4-1016 “Application for Firefighter Certification Examination,” which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C.

      c. Form DFS-K4-1022, “Medical Examination to Determine Fitness for Firefighter Training,” completed in accordance with rule 69A-37.037, F.A.C.

      d. A copy of a high school diploma in accordance with rule 69A-37.034, F.A.C.

      e. Fingerprints in accordance with rule 69A-37.036, F.A.C.

      f. The appropriate fee in accordance with subsection 69A-37.050(6), F.A.C.

      2. In order for a person to be eligible to be tested, a complete application must be received by the Bureau not less than 10 business days prior to the scheduled examination date for review, verification, and approval. The examination includes both a written and practical examination. The individual shall take and pass the written part of the examination prior to taking the practical part of the examination. The individual shall take the written part of the examination within three months of approval. An individual who fails to take the written part of this examination within three months of approval shall be required to submit a new application to the Bureau.

   2. (b) The Bureau shall issue a certificate of compliance under this subsection to any qualified person who:

      1. Successfully passes the written and practical examination as required by rule 69A-37.056, F.A.C. This examination is given during February, May, September, and November and is administered only at the Florida State Fire College. However, a firefighter certified under the U.S. Department of Defense’s Fire and Emergency Services Certification Program as a Firefighter II must take the practical examination at a certified training facility as required in rule 69A-37.056, F.A.C., and the written examination shall be administered by a Field Representative of the Bureau or designee pursuant to paragraph 69A-37.056(6)(b), F.A.C.

      2. Meets the other requirements of subsection 633.408(4), F.S.; and,

      3. Complies with the requirements of this section.

   3. (c) Only one opportunity to repeat the written or practical part of the examination is permitted and must be taken within 6 months of the initial examination date. Any individual who failed the written or practical part of the examination twice within this timeframe shall forfeit the opportunity to obtain a Certificate of Compliance under this subsection and is required to take the Minimum Standards Course in order to obtain a Firefighter Certificate of Compliance.

2. (2) Special Certificate of Compliance.

   1. (a) The Bureau shall issue a special certificate of compliance to an individual who provides proof of employment as the Administrative and Command Head of a fire service provider if that individual also meets all the requirements of this subsection. The Administrative and Command Head of an organization is permitted to hold the title of director, fire chief, or other title. This individual is permitted to respond to emergency incidents with ultimate onsite management, command, and supervisory authority over employees engaged in operations involving fire, hazardous materials, building collapse, confined space rescue, and other emergency operations.

   2. (b) Any person making application for a special certificate of compliance as the designated Administrative and Command Head of an organization must successfully pass the written part of the firefighter minimum standards examination with a score of 70% or higher. Individuals who fail the written part of the firefighter minimum standards examination may retake this written exam once within six months after the original examination date. The individual shall submit all the documents, and meet all the requirements of this paragraph, with the exception of the completion of the practical portion of the firefighter minimum standards examination. The applicant shall also:

      1. Pass the Fire Officer I state examination with a score of 70% or higher within six months of the initial examination date.

      2. Complete a course of instruction of at least six hours presented by the Bureau which shall include:

      a. Chapter 633, F.S., “Fire Prevention and Control” and the applicable rules,

      b. Chapter 447, F.S., “Labor Organizations” and the applicable rules,

      c. The State Emergency Response Plan,

      d. Chapter 286, F.S., known as the “Sunshine Law,” and chapter 119, F.S., known as the “Public Records Law.”

      3. Submit a completed Form DFS-K4-1016 “Application for Firefighter Certification Examination,” which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C.

      4. Submit a completed Form DFS-K4-1309 “Preliminary Equivalency Application Firefighter Minimum Curriculum Requirements,” which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C.

      5. Submit a copy of a medical examination taken within 6 months from the date the application for certification was received by the Bureau of Fire Standards and Training, with the results of the examination indicated on a completed Form DFS-K4-1022 “Medical Examination to Determine Fitness for Firefighter Training,” which is incorporated by reference in rule 69A-37.039, F.A.C.

      6. Submit a copy of the applicant’s high school diploma or its equivalent.

      7. Submit the required fingerprint card, fingerprint card processing fee, and application fee.

      8. Submit a completed Form DFS-K4-1390 “Application for Special Certificate of Compliance for Administrative & Command Head,” which is incorporated by reference in subsection 69A-37.039(2), F.A.C., and can be obtained where indicated in subsection 69A-37.039(1), F.A.C.

   3. (c) The special certificate of compliance will be assigned a registration number identifying the holder as the Administrative and Command Head of the organization.
   4. (d) The special certificate of compliance is permitted to be transferred with the Administrative and Command Head to another fire/rescue/emergency services organization if a comparable position is held by the special certificate holder with the new organization.
   5. (e) The special certificate of compliance shall expire upon the termination of the holder of the special certificate of compliance as the Administrative and Command Head of a fire service provider.
   6. (f) Should the holder thereafter hold a position in any firefighter capacity other than Administrative and Command Head, the requirements of this section as they pertain to firefighters shall apply.
   7. (g) This special certificate is optional and the individual is permitted to choose to obtain the certificate of compliance for firefighters as provided in this rule.
   8. (h) Any individual who failed the written part of the firefighter minimum standards examination twice within 6 months of the initial examination date shall forfeit the opportunity to obtain a Special Certificate of Compliance under this subsection.

Rulemaking Authority 633.128(2)(a), 633.408(1) FS. Law Implemented 633.128(1)(a), (e), 633.406, 633.408 FS. History–New 9-7-81, Formerly 4A-37.11, 4A-37.54, Amended 11-26-85, 1-3-90, 6-30-91, 3-20-95, 12-9-96, 12-10-01, Formerly 4A-37.054, Amended 3-19-09, 8-3-15.