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Item F2 Revised 2/95 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: October 19. 2000 Division: County Administrator Bulk Item: Yes No --X- Department: County Administrator AGENDA ITEM WORDING: Discussion on the reorganization of the County. ITEM BACKGROUND: At the meeting of the Board of County Commissioners on June 15,2000, the Administrator presented the Board of County Commissioners with a County Government Reorganization Plan. Subsequent meetings to discuss reorganization have been held or have been scheduled to be held. At the last session, the Administrator was asked to look at the Division of Public Works and the Division of Public Safety. PREVIOUS REVELANT BOCC ACTION: As stated above. STAFF RECOMMENDATIONS: TOTAL COST: BUDGETED: Yes No COST TO COUNTY: REVENUE PRODUCING: Yes No AMOUNT PER MONTH_ Year APPROVED BY: County Atty _ OMBlPurchasing _Risk Management _ DIVISION DIRECTOR APPROVAL: &-~) /Jobth/Qd James L. Roberts I DOCUMENTATION: Included To Follow Not Required X DISPOSITION: AGENDA ITEM # :2 - r-~ Oct 10 00 11:19a Commissioner Williams (305) 289-6306 p. 1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY ADD ON Meeting Date:_1O/18/00 Division:_BOCC Bulk Item: Yes No_x_ Department:_ Commissioner Williams AGENDA ITEM WORDING: Discussion of appropriation and distribution of proposed $213 million federal grant in an effort to equalize the burden of wastewater and stormwater improvements across the county ITEM BACKGROUND: PREVIOUS RELEVANT BOCC ACTION: The BOCC has supported federal appropriations of funds to help with required stormwater and wastewater improvements, Congress is currently considering legislation to fund this grant program, STAFF RECOMMENDATION: TOTAL COST: BUDGETED: Yes:_ No: COST TO COUNTY: REVENUE PRODUCING: Yes:_ No:_ AMOUNT PER MONTH YEAR APPROVED BY: County Attorney _ OMB/PurchasinR Risk Management DIVISION DIRECTOR APPROVAL: ~ ' k:. L~ I FOt::.. Nora A. Williams DOCUMENTATION: Included:_ To Follow:_x_ Not Required: DISPOSITION: Agenda Item #: REORGANIZATION PROPOSAL FOR PUBLIC WORKS Attached are two organizational charts showing the existing Public Works organization and the proposed reorganization. The existing was originally presented to the Board of County Commissioners with the Administrator's reorganization proposal. That chart shows the breakdown of the major functions and indicates that each function, such as Facilities Maintenance and Roads and Bridges, is managed County-wide from one location. Because of the geography of the County, that frequently makes oversight difficult with management that far from operations. The proposal recognizes this difficulty and moves toward an area management system for most of the operations in Public Works. In the middle of the proposed organization chart are operations for Lower, Middle, and Upper Keys. There will be an Area Superintendent in charge of each one of those geographic areas who will be responsible for the successful implementation of the services identified. In that way, there will be closer oversight of the daily operations. Another improvement is the Special Operations section, which is a combination of mostly independent services and responsibilities. For example, Animal Control is contract administration while Information Systems is technical backup to the balance of the Department. Because of the need to do an overall study of its Fleet Management policies and operations (as identified and recommended in the original reorganization report), it is still identified as a separate entity. If further downsizing occurs, there is a possibility for reorganizing the management of the fleet program. = .- ...... rI.:l .- ~ ~ I rI.:l ~ ;. = ~ C.J .- -- ,.Q = ~ ~ o +-' o Q) ~ o Ie ' 01 ._ \1 I.~ .~ I 0\ I I U Q) o e ro ~e OQ) .....- +-' oe Q).- ~ro o~ .(/) ~Q) (1):;::; .- - .- nn, ~ i ill (/) \ lli~:, I~ II' i.c 11.c := I 10 110 0 I I~ \\~ I~ I 'en lien e I oes Ii(/) 0 I (/) 110) ~ I ,10) \.J \~ IiI ~. I I o ro u. l j I I +-' e Q) E Q) 0) ro e ro _:;E e o .- U ::3 ~ +-' (/) e o o I I (/), Q)I 0)' "'C ~ .- o ~; U en ' ~oesi -- (/) ! o "'C I ro 01 0:::1 T +-' e Q) E ~Q) 00) uro Q)e ~ro o~ \~ \ ;0 : I.e I+-' I(/) \-- 10 - - o il- I"'C 'e 1::3 \0 i(1) I~ 10 i ; J ; ~ '" M +-' Q)I Q)I U. Engineering continues to be a separate section with Construction Management and Engineering responsibilities throughout the County. As per the original n..vrganization report, as the County undertakes further development projt:ds, it is proposed that more responsibility be placed on the private architects and engineers for construction management activities. Overall, this proposal streamlines operations and results in the further elimination of five senior supervisory positions at an additional savings beyond what was included in the current year budget of$256,798. 2 ~ ~ < = U ...J <Mia Z =.S: 0=- .- y ~-= ~ Co = <O~ N ~ Z < Co-' ~ o z o .... E- U ~ E- O ~ =-- ~ ~ $Q~ ~ZU ~<Z o ~ E- ~ Z ~ ~ ~ ~ ~I E- ~. ',y < =-- ~ Q 00. ~ U .... ~ l'Il ~ y ~'E = ~ ~oo. ~- ~ = ~ ....~ = = "0 = = ~ '-.- ~ - l'Il = l'Il "" ~ >. ~ "" y CoCo= o Co ~ = ~ 00. "" ~ ~ "" e ri:~ l~ = ~ ~ ~ "" =-- f ri: - = ~ e ~ = = = ~ ~ = ~ "" ~ e ~ E- o::: < == U .J < ZM~ C C o =.$: ..-01'. - L... -'. C"'" c.. ~ <0= N ~ - Z < ~ Q:: o ~ ~ c.J ~ 'E .~ ~ tOO ~ t- OO c ~ ~ .c: ef - ~ E s - .ra ~ c't:l .. c S = ~ c ~ = ,-; = c.J '- ~ .~ ~ .c 1.0 u~ ~ 1.0 ri: I.~ .... 1.0 :: ~ :oJ b.() 'c = = c S = S:E = U ~ c.J C = C ~ 1.0 - = C .... .. = = c :E=6 ~ ; b.()= cU .. c .; 1.0 Eo- - c ~ S ~ b.() = c = 1.0 :E's >.~ c.J 1.0 C .. ~~ ef ~ ~ J DEPARTMENTAL FUNCTIONS Option 2 DEPARTMENT OF FIRE PROTECTION AND EMERGENCY SERVICES .:. Manages Fire Prevention, Fire Suppression, Rescue, and Emergency Medical Services in unincorporated Monroe County .:. Coordinates Emergency Medical Services System .:. Operates Fire Academy .:. Provides Emergency Management .:. Provides Emergency Communications .:. Monitors Contractual Medical Examiner Services .:. Administration in concurrence with Upper Keys Trauma District Exhibit 1 Issues cancer! g Public Safety Division's res. Jcturing · The fire protection, emergency medical services, emergency management and communications functions should remain as a cohesive entity because of their natural interactions, regardless of whether that entity is called Public Safety, Fire Department, Emergency Services or by some other title. · There aren't industry standards, Florida Statutes, rules, etc. that require the head of a fire department to be a certified firefighter, even if the position's title is that of "Fire Chief'. · Accordingly, there isn't a prohibition against an individual who is not certified as a firefighter being the head of a fire department. · There is a Florida requirement for the individual in command at a fire scene to be a certified firefighter, ifhe receives compensation for his command position. · Monroe County itself does not operate a fire dept. Instead it contracts with individual volunteer organizations for that purpose. These departments designate their own command officers from within their membership. · The County for the most part monitors those contracts and provides some administrative and other support services. · If the County prefers to change the present arrangement and instead operate its own combined volunteer and career fire department, as the City oflslamorada does and the City of Marathon is proposing, it would then be appropriate to have as its Chief of Operations an individual who is qualified to command fire scenes. · The linear geography of the Keys is not conducive to having a single fire scene commander to cover the entire area. · A Chief of Operations should have other fIre scene commanders under his authority -who have been appointed by the County. · If a Monroe County Fire Department is to include within its responsibilities and functions, rescue services, EMS, hazardous materials containment, as well as other functions routinely provided and performed by fire departments, then it would seem even more unlikely that a single individual could adequately and effectively perform both the administrative and operations related fWl\.~;uH~. · A Monroe County Fire Department would be a moderately sized organization considering the size and scope of services. · By industry standards, it should be comprised of both an administrative services and operations sections. · An individual with extensive administrative background should head the1administrative services section. Accordingly, an individual with actual command experience and qualifications should head the operations section. COUNTY of MONROE PUBLIC SAFETY DMSION James R. "Reggie" Paros, Director Jon 113rd Street, Suite 140 Marathon, Fl. 33050 MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS MAYOR, Shirley Freeman, District 3 Mayor Pro Tern, George Neugent, District 2 Wilhelmina Harvey, District 1 Nora Williams, District 4 Mary Kay Reich, District 5 James L. Roberts County Administrator James R. "Reggie" Paros, Director (};v--- Public Safety Division ! r FROM: SUBJECT: Restructuring the Public Safety Division DATE: September 19,2000 I have prepared (2) two options for consideration in restructuring the present Public Safety Division. A major issue of policy is concerning the future provision of fire suppression and rescue services in unincorporated Monroe County. Depending upon how that will be accomplished will determine which option to select. In August of 1997, the development of a consolidated emergency services system using a combination of volunteer and career personnel was proposed to the Board of County Commissioners and the District 1 Board of Governors. It was to be implemented in phases over a four-year period. An essential element in the implementation was for the various existing volunteers' not-for-profit corporations to eventually cease to function as direct service providers of fire suppression and rescue services. They would assume a supportive role in the system. The County would then be directly responsible for the provision of services. Volunteers and career personal alike would be under the direction and control of the County and its administration. However, that has not happened for a number of reasons included among them, the municipal incorporation initiatives, The present contractual relationship between the County's municipal servIces ~Jt' r I \ I ~ D districts and the volunteers' fire companies is problematic. The organiktional ~frlichlfe Y l-' is neither that of a county department nor that of an independent contractor. 1 ,;~: Ii C~U~,\I-I''.I! ,r'-:'i',!'I~--- --' :J I , /1 Li j , I II i...... , . COUNTY of MONROE PUBLIC SAFETY DIVISION James R. "Reggie" Paros, Director .. 490 63rd Street. Suite 140 Marathon, Fl. 33050 ,-- BOARD OF COUNTY COMMISSIONERS MAYOR, Shirley Freeman, District 3 Mayor Pro Tem, George Neugent, District 2 Wilhelmina Harvey, District 1 Nora Williams, District 4 Mary Kay Reich, District 5 MEMORANDUM TO: James L. Roberts County Administrator ~ James R. "Reggie" Paros, Director ~ Public Safety Division FROM: SUBJECT: Supplemental information concerning my memorandum to you dated September 19,2000; Subject: Restructuring the Public Safety Division DATE: October 16, 2000 The following is offered in further support of the two options proposed previously in my memorandum of September 19,2000 concerning the restructuring of the Public Safety Division. As you are well aware. Monroe County provides Workers' Compensation, General Liability, Medical Malpractice, Automobile Liability, as well as some other insurance coverage for the volunteers of the various volunteer fire and ambulance not- for-profit corporations operating within the unincorporated areas. That insurance also provides coverage for the fire stations, automotive fIre apparatus and portable and communications equipment used by the volunteers in providing fIre protection and emergency medical services. Additionally, Monroe County through its fire and ambulance taxing districts provides funding for most of the operating and capital costs of those departments and services, Presently, Monroe County has very limited, if any, control over who is allowed to be a volunteer and how they function after becoming a volunteer. The individual volunteer corporations have each established their own standards and practices for recruiting, selecting, and retaining their members, and that varies by department. The County's administration has been less than successful in its attempts to standardize those processes. There have been instances when the County's only knowledge of a particular person being a volunteer of one of the corporations was after the individual had been injured and a Workers' Compensation Notice of First Report ofInjury was filed with our office by the volunteer fire chief, James L. Roberts October 16,2000 Page .: The County has certain responsibilities and liabilities associal~d with the volunteers' oper.Hions, both statutorily anu ulh~rs being assumed as the result from past and present actual practices. Some of the issues are as follows: · should volunteers be required to make application for membership through a consistent process that would screen them similarly to career employees working in the same services, · should they be required before performing as emergency responders to have a medical physical, including drug testing; please see Exhibit 1, · should they be required to have some minimal orientation period before engaging in hazardous operations and/or should they have completed standardized basic training, · do they have an existing disability or communicable disease which should be considered in their assignment and/or which would prevent them from safely performing the intended functions of an emergency responder; please see Exhibit 2. The above are only a few of the issues and considerations, a full list of them is quite extensive, Consequently, the relationship that presently exists between the County, its districts, the volunteers and their corporations doesn't address or begin to deal with many of these things. I have attached herewith for your review and consideration a compilation of attributes excerpted from leading industry publications concerning the differences between independent volunteer fire organizations and county or municipally operated combination career and volunteer organizations; marked Exhibit 3. You will readily notice that the relationship that exists today in our County with the volunteers is a little of both, and that is where the problems begin. Furthermore, I have taken the liberty of preparing a detail of the departmental functions separated according to administrative and operational for future consideration if and when it becomes the desire of the County to operate its own combination career and volunteer fire protection and emergency medical services organization; please see Exhibit 4. That type organization was proposed to eventually exist upon full implementation of the recommendations in the report for a consolidated Monroe County Emergency Service System, August 1997. Enclosures: (4) ~I J-vf:F . q~ t11A ~V- 'd::' J' EXHIBIT 1 . If VI.,- I /' ~ LAW OFFICES Kelley, Krone'nberg, Kelley, Gilmartin, Fichtel & Wandel; RA. STEVEN p, KRONENBERG JOHN M, KELLEY KAREN M GILM"~T'N MICHAEL J, FICHTEL LI("'\\.O'.......-:- ' ROBERT L, BAMDAS VIVIANNE A, WICKER LEE A, AMENTO SHAWN A G, ANDRES ELISA J, ARONBERG GAIL DIAMOND BAKER ALEXANDER BLANCO BARRY A, DUBINSKY TIIMOTHY A, DUNBRACK HEATH S, ESKALYO LUIS F, ESTRADA LIZZETTE M, FRANCiSCO JEFFREY M, FRIEDMAN RAYMOND L, GRANT LISA e, HICKS BETH T, KOLLER ROBERT H, KREBS THOMAS A, MARCHESE LYLE e, MASNIKOFF DESI J, MORALES CHRISTINE p, NIXON LAWRENCE E, ROOT ROBIN ROSS GEORGE A, SARDUY STEVEN L, SCHARF CHARLES TOLEDO JAMES p, WOODS CHARLES E, KELLEY, P,A, (OF COUNSEL) B201 PETERS ROAD SUITE 4000 Fort lAuderdale, Florida 3.1324 TELEPHONE (954) 370.9970 DADE (305) 940-2701 WPB (561) 687-4224 FAX (954) 382.1988 PLAZA ROYALE SUITE 204 15600 NORTHWEST 67TH AVENUE ,Uiami Lakes, Florida 33014 TELEPHONE (305) 826.7260 BROWARD LINE (954) 522.15991 FAX (305) 826-0936 1400 CENTREPARK BOULEVARD SUITE 200 We8t Palm Beach, Florida 33401 TELEPHONE (561) 684.5956 BROWARO LINE (954) 761-B554 FAX (561) 684.5753 FIRST UNION TOWER SUITE 807 20 NORTH ORANGE AVENUE Orlando, Florida 32801 TELEPHONE (4071 648.9450 FAX (407) 648.4167 July 12, 2000 REPLY TO: Mic:LW..i I..akes ~.~@~Ol' , I ( II"''''' 2000 ' >.I,'i, J - , -~ ;~. ;-.,\ J~ 1 l \ Ms. Nancy Cohen Monroe County Board of County Commisgione~s 5100 College Road Public Service Building, Room 215 Key West, FL 33040 I ) -./ Re: Pre-employment physicals for volunteer firefighters Dear Nancy: This letter is sent pursuant to our telephone conference of July 6, 2000, as well as the June 30, 2000 letter that you sent to me, attaching a memorandum of June 16, 2000 from Sheila Barker, as well as an amendment to F.S. ~112.18 indicating that police officers and firefighters are subject to the heart and lung bill, which mandates that a cardiovascular or pulmonary condition acquired by a firefighter or police officer is presumptively connected to employment. Because of this new requirement, and because volunteers of governmental entities are considered to be employees eligible for indemnity and medical benefits under the workers' compensation law, it is my strong recommendation that you immediately institute pre- employment physical examinations for your potential volunteer firefighters. The County certainly would want to know, in advance, whether a potential volunteer firefighter carries into the job some sort of pre- existing cardiovascular condition, even one as potentially innocuous as hypertension. Please also be aware that the presumption that the cardiovascular condition is connected to employment is a rebuttable one, and can be overcome with evidence showing that the major contributing cause of the claimantls cardiovascular accident was a pre-existing condition. In addition, in Zundell v. Dade County School Board, the Supreme Court of Florida indicated that if the claimant does bring into the job a pre-existing cardiovascular condition, any subsequent, job-related cardiovascular incident must be caused by unusual exertion not routine to the type of work the claimant Ms. Nancy Cohen July 12, 2000 Page 2 is accustomed to performing. All of these potential evidentiary issues require, in my opinion, a pre-employment physical of all potential volunteer firefighters. ve~ruly~urs /!:!3 For th SPK/dhc cc: Ms. Sheila Braga (JLT Insurance Services) ::~'" ~ @ ~ n ",",::,--- ~' ;: I : ;.~::'.' ..=~ ..., : j' .' ;{ ; 1\ ' Uu t. " ,JUL 3 2000 , i I" ' ,)/' Ch. 112 EXHIBIT 2 PUBLIC OFFICERS AND EMPLOYEE~. ..ENERAL PROVISIONS or she was overcharged by a hospital, physician, clini- callab, and other health care providers, shall receive a refund of 50 percent of any amount recovered as a result of such overcharge, up to a maximum of $1,000 per admission. All such instances of overcharge shall be reported to the Agency for Health Care Administra- tion for action it deems approoriate, HlstorY,-5, 4, cI1, 83-292; s, 1, en, 31-48; 5, 689, en, 95.147; s, 9, en, 97-95, 112.161 Change in position or reclassification; continuance or resumption of membership in retire- ment system.- (1) Any person who is a participant i~ any state ~r county retirement system, who changes his or her POSI- tion of employment, or who is reclassified so that under any existing law such person would participate i~ ~ dif- ferent retirement system, may continue to participate and come under the same retirement system in which he or she participated or came under before changing positions or being reclassified so long as such pers~n remains in the employ of the state or county and contin- ues to make the contributions required by law. Any per- son who has changed positions or been reclassified heretofore may come back under and participate in the retirement system to which he or she belonged before such change or reclassification upon payment of all back contributions, plus 3' percent interest per annum, that would have been required by law had he or she continued to participate and come under such system continuously, such election to be made and payment to be made on or before the time of retirement. (2) The provisions of this section shall supersede any existing law relating to state an~ county ,retirement systems or pensions, provided nothing her~1n ~hall be construed to apply to State Supreme Court Justlce~, as provided in chapter 25; nor to circuit judges as provided by chapter 38; nor to memb~rs ~f Duval County employees pension fund as provided In chapter 23259, Acts, 1945, as amended by chapter 27520, Acts, 1951, and chapter 27523, Acts, 1951, Hlstory.-ss, 1,2, en, 57-752; 5S, 24, 35. en, 69-106; s, 690, en, 95.147, 112.171 Employee wage deductions.- , , (1) The counties, municipalities, and special ~IS- tricts of the state and the departments, agencies, bureaus, commissions, and officers thereof are author- ized and permitted in their sole discretion to make deductions from the salary or wage of any employee or employees in such amount as shall be authorized and requested by such employee or employees and for such purpose as shall be authorized and requested by such employee or employees and shall pay such sums so deducted as directed by such employee or employ- ees. (2) It is the intent and purpose of this ~ec.tion to ve~t in the public officers, agencies and commiSSions herein enumerated the sole power and discretion to approve or disapprove requested deductio.ns and the appro~al of and making of approved deductions shall not re~ulre the approval or making of other requested deductions. H1story.-5, 1, en, 59-409; s, 26, en, 79-190, 112.175 Employee wages; withholding to repay educationalloan.- (1 )(a) Any person who has received an edu loan made or guaranteed by the state or any of its cal subdivisions and who at an~ time ,~ecomes Or II employee of the state or any of Its political subdi . , shall be deemed to have agreed as a condition employment to have consented to voluntary or inv tary withholding of wages to repay such loan. Any ~ employee who has defaulted or does default On - repayment of such loan shall, within 60 days after.... vice of a notice of default by the a~ency hOlding lIlI loan to the employee and the emplOYing agency, eSfab; !ish a loan repayment schedule which shall be agreeci to by both the agency holding the loan and u.. employee lor repaYing such defaulted loan thro'9l... payroll deductions. Under no clrcumstance~ may. amount in excess of 10 percent per pay penod of lhec pay of such employee be required by the agency hold- ' ing the loan as part of a repayment schedule or plan. j: such employee fails to establish a repayment sche~; within the specified period of time or fails to meet IhI terms and conditions of the agreed to or approved '". repayment schedule as authorized by this subsectiocl.' such employee shall be deemed to have breached lII\ ' essential condition of employment and shall be" deemed to have consented to the involuntary withhold- <, ing of wages or salary for the repayment of the loan..! (b) No person who is employed by the state or any , of its political subdivisions on or after October 1, 1988, ,. may be dismissed for having defaulted on the repay. '<e ment of an educational loan made or guaranteed by the state or any of its political subdivisions. " (2) The Administration Commission shall adopt ~ rules to implement this section, which shall include, ~ [ not be limited to, a standard method of calculating . amounts to be withheld from employees who have ' failed to establish a repayment schedule within the specified period of time or failed to meet the terms and conditions of the agreed to or approved repayment schedule provided for in this section, Such method shall consider the following factors: (a) The amount of the loan which remains out. standing; (b) The income of the employee who owes such ~ amount; and 'i (c) Other factors such as the number of depen- ~ dents supported by the employee. Hlstory.-ss, 1.2. en, 86-129; s, 691, en, 95-147 *' 112.18 Firefighters; special provisions relative to disability.- (1) Any condition or impairment of health ~f any Florida municipal. county, port authority, speCial t~ , district, or fire control district firefight,er cause~ by, tube~ ' culosis, heart disease, or hypertensIon resulting rnt~,~ or partial disability or death shall be presuf!1ea IO.'I"'c;j ;~ been accidental and to have been suffered In the line vi- ~ duty unless the contrary be shown by competent ~ i' dence. However, any such firefighter shall have s, ; cessfully passed a physical ~xa~ination ~pon ente: ~ into any such servIce as a firefighter. which exa~ ion. tion failed to reveal any evidence of any suc~ condl~ Such presumption shall not apply to benefits ~a~ilitY under or granted in a policy of life insurance or dls 820 PUBLIC OFFICER~ ""NO EMPLOYEES: GENERAL PROVISIONS , ~'ess the insurer and insured have negoti- , U h additional benefits to be included in the lilt sue _tract. d' Th" section shall ~,e construe ,to auth~nze the , ~~rn".,pntal entities to negotlat~ policy con- ~.Jffe and disaolilty Insurance to Include aCCj. ,...,. for 1,,- '- _"'_'''~ " rlo"h/n ;Mrln""nity coverage ' ':ii'i~clude the presumpti?n t,hat any condition '~lrment of health of any firefighter caused by ,....- is, heart disease, or hypertension. resulting in partial disability or death was accidental and or in the line of duty, unless the contrary be by competent eVidence. , I en, 65-480: s, 1, ch, 73-125, s, 32, ch, 77., 04, s, 692. ch, 95-147, .-' , ":,2.181 Firefighters, paramedics, e!11ergency , I technicians, law enforcement officers, cor- I officers; special provisions relative to cer- communicable diseases.- ) OEFINITIONS.-As used in this section, the (t) "Body fluids' means blood and body fluids con- visible blood and other body fluids to which uni- precautions for prevention of occupational trans- of blood-borne pathogens, as established by Ctnters for Disease Control and Prevention, apply. 'purposes of potential transmission of meningococ- meningitis or tubercy'osis, the ~erm "b,ody. fluids. 5 respiratory. salivary, and sinus flUIds, Includ- , droplets, sputum, and saliva, mucous, and other f1u- ltIrough which infectious airborne organisms can be mltted between persons. (b) "Emergency rescue or public safety worker" any person employed full time by the state or <'ft political subdivision of the state as a firefighter, ' '.medic, emergency medical technician, law ' ment officer, or correctional officer who, in the of employment. runs a high risk of occupational lUte to hepatitis. meningococcal meningitis, or losis and who is not employed elsewhere in a rcapacity, However, the term "emergency rescue . public safety worker" does not include any person '" ~ed by a public hospital licensed under chapter .:- or any person employed by a subsidiary thereof. >:-:!C) "Hepatitis" means hepatitis A, hepatitis B, hepa- - ;!t.,_ non-A, hepatitis non-B. hepatitis C, or any other " :"~;;'h of hepatitis generally recognized by the medical " 'r. fOmmunrty, ,,' . ",.1dl "High risk of occupational exposure" means that "'" thaI IS Incurred because a person subject to the ~s of this section, in performing the basic duties ~Iated with his ar her employment: ~ PrOVides emergency medical treatment in a nn.~aJth'care setting where there is a potential for . 2 8r of body fluids between persons; ~ At the site of an accident, fire, or other rescue or ~ safety operation. or in an emergency rescue or 0lrrltIl safety vehicle. handles body fluids in or out of ,,~:rs Or Works with or otherwise handles needles 1: 1 eSharp Instruments exp?sed to body f~uids; ';:;.........01 Inga~es In the purSUit, apprehenSion, a~d ~t' ~_to'';linaw VIOlators or suspected law VIolators and, In 'r." 9 SUch duties. may be exposed to body flUids; Ch.112 4. Is responsible for the custody, and physical restraint when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, while on work detail outside the facility, or while being transported and. in performing such duties. may be exposed to body fluids. (ej "Occ~patjGnal G^~V~U,e," in tht.:. "",,",,,we; u; ; Ic;t-JQL;- tis, meningococcal meningitis, or tuberculosis. means an exposure that occurs during the performance of job duties that may place a worker at risk of infection. (2) PRESUMPTION; ELIGIBILITY CONDITIONS. Any emergency rescue or public safety worker who suf- fers a condition or impairment of health that is caused by hepatitis, meningococcal meningitis, or tuberculo- sis, that requires medical treatment. and that results in total or partial disability or death shall be presumed to have a disability suffered in the line of duty, unless the contrary is shown by competent evidence; however, in order to be entitled to the presumption, the emergency rescue or public safety worker must, by written affidavit as provided in s. 92.50, verify by written declaration that, to the best of his or her knowledge and belief: (a) In the case of a medical condition caused by or derived from hepatitis, he or she has not: 1. Been exposed, through transfer of bodily fluids, to any person known to have sickness or medical con- ditions derived from hepatitis, outside the scope of his or her employment; 2. Had a transfusion of blood or blood compo- nents, other than a transfusion arising out of an acci- dent or injury happening in connection with his or her present employment, or received any blood products for the treatment of a coagulation disorder since last undergoing medical tests for hepatitis, which tests failed to indicate the presence of hepatitis; 3. Engaged in unsafe sexual practices or other high-risk behavior, as identified by the Centers for Dis- ease Control and Prevention or the Surgeon General of the United States, or had sexual relations with a person known to him or her to have engaged in such unsafe sexual practices or other high-risk behavior; or 4. Used intravenous drugs not prescribed by a physician. (b) In the case of meningococcal meningitis, in the 10 days immediately preceding diagnosis he or she was not exposed, outside the scope of his or her employment, to any person known to have meningo- coccal meningitis or known to be an asymptomatic car- rier of the disease. (c) In the case of tuberculosis, in the period of time since the worker's last negative tuberculosis skin test, he or she has not been exposed, outside the scope of his or her employment, to any person known by him or her to have tuberculosis. (3) IMMUNIZATlON.-Whenever any standard, medically recognized vaccine or other form of immuni- zation or prophylaxis exists for the prevention of a com- municable disease for which a presumption is granted under this section, if medically indicated in the given cir- cumstances pursuant to immunization pOlicies estab- Iishea by the Advisory Committee on Immunization Practices of the United States Public Health Service, an emergency rescue or public safety worker may be 821 Ch. 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS ~ F.S.1 required by his or her employer to undergo the immuni- zatIOn .or pr,ophyl~xis unless the worker's physician determines In writing that the immunization or other prophylaxis would pose a significant risk to the worker's health. Absent such written declaration, failure or refusal by an emergency rescue or public safety worker to undergo such immunization or prophylaxis disquali- fIes the worker from the benefits of the presumption. (4) LIFE AND DISABILITY INSURANCE COVER- AGE.- This secti,on does not apply to benefits payable under or granted In a noncompulsory policy of life insur- ance or disability insurance, unless the insurer and insured have negotiated for such additional benefits to be included in the policy contract. However, the state or any political subdivision of the state may negotiate a policy contract for life and disability insurance which Includes accidental death benefits or double indemnity coverage for any condition or impairment of health suf- fered by an ,~mergency rescue or public safety worker, which condition or impairment is caused by a disease described in this section and results in total or partial disability or death. (5) RECORD OF EXPOSURES.-The employing agency shall maintain a record of any known or reason- ably, suspected exposure of an emergency rescue or public safety worker in its employ to the diseases described in this section and shall immediately notify the employee of such exposure. An emergency rescue or public safety worker shall file an incident or accident report with his or her employer of each instance of ~now~ or suspected occupational exposure to hepatitis Infecllon, meningococcal meningitis, or tuberculosis. (6) REQUIRED MEDICAL TESTS; PREEMPLOYMENT PHYSICAL.-In order to be enti- tled to the presumption provided by this section: (a) An emergency rescue or public safety worker mus~, prior to diagnosis, have undergone standard, medically acceptable tests for evidence of the commu- ni~able disease for which the presumption is sought, or eVidence of medical conditions derived therefrom which tests fail to indicate the presence of infection: This paragraph does not apply in the case of meningo- coccal meningitis. (b) On or after June 15, 1995, an emergency res- cue or public safety worker may be required to undergo a preemployment physical examination that tests for and fails to reveal any evidence of hepatitis or tubercu- losis. (7) DISABILITY RETIREMENT.- This section does not change the basic requirements for determin- ing eligibility for disability retirement benefits under the Florida Retirement System or any pension plan admin- istered by this state or any political subdivision thereof, except to the extent of affecting the determination as to whether a member was disabled in the line of duty or was otherwise disabled. Hlatory.-s, 2, Ch, 95-285; s, 2, ch, 96-198; s, 25, ch, 97-95; $, 26. ch.. 91-96, 112.182 "Firefighter rule" abollshed.- (1) A firefighter or properly identified law enforce- ment officer who lawfully enters upon the premises of another in the discharge of his or her duty occupies the status of an invitee. The common-law rule that such a firefighter or law enforcement officer occupi :; tus of a licensee is hereby abolished, es Ihe..~ (2) It is not the intent of this section to inc'" . ~i":linish the duty of care owed by property 0 r~. Invltees, Property owners shall be liable to invtWTltll" ~uant to t~is sectio~ only when the property o~:fia, IIgently fal,l~ to malntam the premises in a rea ,.. safe con~l.tlon or n~gllgently fails to correct a ::i. ous condlllon of whIch the property owner either kriII.;i or s~ould have known by the use of reasonable ~: negligently fails to warn the invitee of a danae''''~. ' dition about which the orooPrty Owner nad or Ihot.It have had, knowledge great, er than that of the in., ~l," HI.'Dry.-s, 1, ch, 90,308: s, 693, ch 95.147 "f'", +to 112.19 Law enforcement, correctional and J';; tional probation officer~; de,ath be,nefits.~ ',' :.$, (1) Whenever used In thiS section, the term: ' ,:,1 (a) "Employer" means a state board, comm ". department. division, bureau, or agency, or a municipality, or other political subdivision of the whic,h employs, appoints, or otherwise en9a9", services of law enforcement, correctional, or tional probation officers. (b) "Law enforcement, correctional. or corr probation officer" means any officer as defined ~r 943.10(14) or employee of the state or any . su~division of ~he state, including any law enfo. .1 officer. correctional officer, correctional probation .'~ ~er, s~ate attorney investigator, or public def~., ,'~ investigator, whose duties require such otneN ' employee to investigate, pursue, apprehend, :.:., transport, or ma;n'a;n custody of po ",on, "'I charged with, suspected of committing, or convietldl a crime; and the term includes any member of a disposal unit whose primary responsibility is tho , . ' tion, handling. and disposal of explosive deVicei',~'" term also includes any full-time officer or employtt .. the state or any political subdivision of the state, fied pursuant to chapter 943, whose duties r , such officer to serve process or to attend terms " " cuit or county court as bailiff. . (c) "Insurance" means insurance procur~ ~ stock company or mutual company or assOCla ' exchange authorized to do business as an In5l_ this state. (d) "Fresh pursuit" means the pursuit of 8 who has committed or is reasonably suspe,ct~d d ing committed a felony, misdemeanor, traffiC Inf or violation of a county or municipal ordlna~ term does not imply instant pursuit, but pursUIt unreasonable delay. , (2)(a) The sum of $25.000 shall be paid .. vided in this section when a law enforcem,ent. tional, or correctional probation officer, Whll~ in the performance of the officer's law ~n Ontl! ~!i~s, is a~cidentally killed or receives a?C'd~ life, IIy Injury which results in the loss of the offlcer'iCidI vided that such killing is not the r~sult of sr,.i that such bodily injury is not intentlon~IIY se rO ' (b) The sum of $25.000 shall be paid as ~al Of this section if a law enforcement. correct!,f d ~s rectional probation officer is accidentally kl e 822 Volunteer Fire Or2anizations (Independent Contractor) .:. Municipal Fire Administration, International City Managers J Association, 1956 ~ Practical means of protecting small communities ~ Independent organization that is for the most part self-governing ~ Community centers of social and even political activity ~ Government covers a part of its expenses ~ Service demand increases as a result of land development which brings greater hazards ~ Scope of work increases beyond that which volunteer companies usually find it convenient to perform ~ Volunteer departments that selects their own chiefs and perpetuates themselves by choosing new members as the old ones go out are likely to develop into closed organizations which mayor may not give sufficient attention to the training of firemen and other problems, .:. Managing Fire Services, 2nd Edition, International City Management Association, 1988 ~ Intricate part of fire protection in the United States for over 300 years ~ Tremendous influence, particularly in local political issues and elections ~ Success seems to be directly related to the ability to manage by effectively recruiting, training, and maintaining volunteer personnel ~ Must spend considerable time and effort in recruiting and maintaining its membership ~ Difficulties typically include availability (particularly during daytime hours), attrition or turnover, lack of available training time, limited availability of potential volunteers, and difficulty in certifying volunteers at higher levels such as EMS, officer development, driver certification. ~ Organizing members into functional companies becomes difficult because of uncertainty about who will be able to respond to various alarms. ~ Tend to operate in a more informal manner than do larger career or combination organizations. .:. Fire Protection Handbook, 15th Edition, National Fire Protection Association, 1981 ~ Raises its own funds by public activities and subscriptions, frequently with contributions of funds or equipment from interested units of government ~ Many maintain excellent equipment and stations, and also serve as centers for various community activities ~ Preference to retain their independence from government, especially when purchasing equipment, although in some instances the activities of independent fire organizations are coordinated through special associations and governmental advisory boards. ~ Not normally required to be available except for meetings, drills, and fires, and mayor may not receive compensation for their services. ~ Unable to meet increased demand or to recruit new members Exhibit 3 I ~ Many residents commute out of the community on normal workdays and are unavailable for fire department participation. ~ A minimum volunteer fire company response to an alarm should be four members. Usually this requires a volunteer fire company membership of at least twelve where there are no paid members assigned to the company. ~ Where a community can afford paid apparatus operators on duty, response to alarms is faster and efficiency is increased, saving on the average about 3 minutes in arrival time >- The paid apparatus operator normally is in charge of the apparatus and of the fire station, but volunteer officers direct the fire fighting, >- Many once volunteer fire departments have undergone an evolutionary process and have added the services of paid officers, paid fire fighters, and paid fire prevention personnel. ;)- Combination CareerNolunteer Organizations (County Denartment) .:. Municipal Fire Administration, International City Managers' Association, 1956 >> Where the government has any control at allover the department, the chief administrator of the government should appoint the chief. A mistake in many volunteer departments is to change the chief officer too frequently. The chief should hold office as long as he does good work. , The chief should have authurity tu ~uspend or discharge any illcmbcr of the volunteer department when he deems such action to be necessary for the good of the department. >> A volunteer or part-paid department supplemented with a paid officer or fire chief would be far more able to cope with the fire problem than a fire department entirely dependent upon the service of men who are amateurs in the firc seL . ~"''''. >> The practice of paying part-time firemen varies greatly throughout the country. >> Public funds for payment of firemen and for the purchase of equipment and supplies should be included in the governmental budget and should be disbursed in accordance with the same expenditure controls, which apply to all other governmental expenditures. >> An annual audit of the accounts of the volunteer fire company should be made, >> Minimum control over the purchase of apparatus should consist of the requirement that purchases be made only on the basis of carefully drawn specifications and competitive bidding. >> Appropriating authorities should enter into mutual aid agreements or contracts with neighboring jurisdictions and establish rules governing aid to areas not covered by such agreements or contracts; and the volunteer companies should be required to be governed by these rules, agreements, and contracts. >> The establishment of standards for the selection of paid firefighters, for the training and drilling of firefighters, for the attendance of firefighters at fires, and for fire prevention work is a field of control in which appropriating authorities should be more active. >> Fire statistics and reports should be standardized and should be required in such detail to provide governmental authorities with the information necessary to improve the fire defenses and related services of the community, >> The county as a unit for fire protection service generally is preferable to the township or fire district since the latter in most instances are too small and do not permit the flexibility and cooperation which should be found in a county organization. >> Various counties maintain paid fire instructors to train the volunteer fire compames. .:. Managing Fire Services, 2nd Edition, International City Management Association, 1988 >> Combination departments are becoming increasingly common >> Increased types and levels of services require significant specialization Exhibit 3 -3 ~ Combination departments normally use career staff to provide administrative services and special support services and functions. ~ Combination departments often use career personnel to provide initial response to fire and medical emergencies. This approach makes it possible to respond rapidly, assess the situation, and implement a plan. ~ Volunteer personnel will back up and fill in areas left vacant, assist in accomplishing the emergency plan established by the career personnel, and provide necessary support services. ~ This combination department approach of providing necessary staffing is widely considered to be the most efficient means of serving communities that need full services but cannot afford to keep a full complement of career personnel on hand for all emergency needs .:. Fire Protection Handbook, 15th Edition, National Fire Protection Association, 1981 ~ Cities and towns may use combinations of paid, call, or volunteer personnel ~ Some communities maintaining their own fire departments may have a paid chief, officers, and apparatus operators, but rely upon call or volunteer personnel to provide the staffing balance necessary for efficient frrefighting operations. ~ Other communities may use paid personnel only during normal daytime working hours and rely on call or volunteer personnel during the night. ~ The combinations are strictly the choice of the community: what might work well for one community might not work well for another ~ There are a number of factors worthy of consideration that can influence the type of personnel utilized within the fire department. ~ These factors are: · The fmancial resources of the community · The availability of call or volunteer personnel · The frequency of fire incidents · The range of services expected from the department · The type department preferred by the community ';:., A mis:8.I~e :::8.::!~ ~~ 8. ~~:.::~~~ '.'f r:''.'~~l.mitif's is to operate completely separate career and volunteer fire organizations covering the same districts. The partly staffed career companies generally arrive frrst, but their operations are seriously restricted by insufficient numbers. The problem is compounded if the volunteer companies arrive later and operate with their own equipment under separate officers rather than assist with the fire attack already underway. ~ Administrators should not tolerate friction between career and volunteer personnel. ~ In a number of part-paid fire departments, the paid members have complained about being under the command of volunteer officers whom they felt lacked the needed experience and qualifications. All frre officers, whether elected or appointed, should meet the NFP A qualifications for the rank they hold. ~ In all cases there should be but one ftre department in any jurisdiction, operating under a clearly defined and unified chain of command. Unity of command in departmental structure is of prime importance in that an individual receiving conflicting orders from several superiors is likely to become confused and i inefficient, while an individual receiving orders from only one superior will have a better chance to perform more efficiently. )0. It is important that accurate records be kept in the personnel files for all call and volunteer members. Individual service rp('l"\,-rlco coh(''I111rt hp lrPT'\t f"n,- ~11 ""l11ntpprc; and call members, as well as for full-paid members. )0. Three, or at the most four, fire stations are the number that can be properly supervised by a single chief officer )0. In many cases only the fire chief is available on a regular basis to handle all staff duties, and accordingly many of the management functions tend to be neglected; one of the difficulties has been that many fire chiefs had no training or experience in staff and business management necessary to manage a complex organization. / Administrative Services Exhibit 4 · Research to create the new knowledge needed to provide better service · Forecasting where the department should be going in the future · Analyzing functions to assess the effectiveness of programs · Supervising recruitment, selection, and promotion of personnel · Administration of Length of Service Awards Program and benefits programs, e.g. monthly stipend, workers' compensation, supplemental accident and disability · Supervision of the administration of discipline · Preparation of the budget, monitoring expenses and revenue · Planning for capital expenditures and supervising the purchasing and inventory of materials . ('nmrrmnity rpl~t;"nc:; functions · Coordination of emergency medical services system components · Contract preparation and administration Operations · Fire Suppression · Rescue Services · Emergency Medical Services · Hazardous M~terials Spills · Other emergency hazardous conditions · Incident Command · Developing, implt:mt:nting anJ controlling of standard opt:rating procc~ures · Operations command and control including establishing operating and response standards, staffing, vehicle and equipment resource allocation · Automatic Aid · Mutual Aid · Enhancing the water supply for firefighting purpose ~