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.
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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.
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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)
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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
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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)
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,JUL
3 2000
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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
~