The purpose of these rule amendments is to clarify the definition of “accredited” and to set forth the circumstances under which a bachelor’s degree that is not awarded from an accredited school will be accepted for the purpose of eligibility for ...

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal

Rule No.: RULE TITLE
69A-37.082: Purpose
69A-37.083: Scope
69A-37.084: Definitions
69A-37.085: Eligibility Requirements for Supplemental Compensation
69A-37.086: Enrollment Procedures for Supplemental Compensation
69A-37.087: Cessation of Supplemental Compensation
69A-37.088: Eligibility Requirements for Re-Entry
69A-37.089: Prescribed Forms
PURPOSE AND EFFECT: The purpose of these rule amendments is to clarify the definition of “accredited” and to set forth the circumstances under which a bachelor’s degree that is not awarded from an accredited school will be accepted for the purpose of eligibility for supplemental compensation. The rule also streamlines the certification process, and clarifies that the forms must be submitted by and certified by an authorized agent of the employing agency.
SUMMARY: The definition of “accredited” is changed to mean approved by a regional accrediting organization recognized by the United States Department of Education. Documentation that a regional accredited Florida public or private university or college will accept a degree for transfer purposes will also be accepted for accreditation purposes. The definitions of “Bureau” and “Post Secondary Institution” are repealed because they are no longer used in the rule or the implementing legislation. The definition of “Applicable to fire department duties” is simplified to mean degreed courses that add value to the firefighter’s fire department employment; the definition of “employing agency’s certification” is amended to be consistent. The entity requesting reimbursement for payment of supplemental compensation to firefighters must meet the definition of “employing agency” set for in statute. Rules 69A-37.087 and 69A-37.088, F.A.C. are repealed and some of their parts are consolidated into other rules within the rule chapter. Forms incorporated within the various rules in the chapter are updated.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 633.45(2)(a) FS.
LAW IMPLEMENTED: 633.382(2), (3), (5) FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Thursday, December 16, 2010, 1:00 p.m.
PLACE: Auditorium, State Fire College, 11655 N.W. Gainesville Road, Ocala, Florida 34482
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Karl Thompson, Standards Section Supervisor, Bureau of Fire Standards and Training, Division of State Fire Marshal, 11655 N.W. Gainesville Rd., Ocala, FL 34482; Phone [phone], Ext. 3; [e-mail]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Karl Thompson, Standards Section Supervisor, Bureau of Fire Standards and Training, Division of State Fire Marshal, 11655 N.W. Gainesville Rd., Ocala, FL 34482; Phone [phone], Ext. 3; [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

(Substantial rewording of Rule 69A-37.082 follows. See Florida Administrative Code for present text.)

69A-37.082 Purpose.

The purpose of this part is to implement Section 633.382, F.S.

Rulemaking Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(1), (2) FS. History–New 1-3-90, Formerly 4A-37.082, Amended________.

 

(Substantial rewording of Rule 69A-37.083 follows. See Florida Administrative Code for present text.)

69A-37.083 Scope.

This part establishes procedures for requesting a determination of supplemental compensation and reimbursement eligibility.

Rulemaking Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(2) FS. History–New 1-3-90, Formerly 4A-37.083, Amended ________.

 

(Substantial rewording of Rule 69A-37.084 follows. See Florida Administrative Code for present text.)

69A-37.084 Definitions.

In addition to the terms defined in Section 633.382(1), F.S., the following terms will have the following meanings for purposes of Rules 69A-37.082 through 69A-37.089, F.A.C.:

(1) “Accredited” means recognized as having sufficient academic standards to qualify graduates by having been awarded accreditation from a regional accrediting agency that is recognized by the U.S. Department of Education. Documentation that a regional accredited Florida public or private university or college will accept a degree for transfer purposes will also be accepted for accreditation purposes.

(2) “Eligible Associate Degree” means an Associate of Arts or Associate of Science degree conferred by a public or private university or college in which the firefighter successfully completed courses that are applicable to fire department duties, as defined in subsection (4).

(3) “Eligible Bachelor’s Degree” means a bachelor’s degree conferred by a regional accredited public or private university or college applicable to fire department duties, as defined in subsection (4).

(4) “Applicable to fire department duties” means degreed courses that add value to fire department employment.

(5) “Supplemental Compensation” means funds that may be paid to eligible firefighters by employing agencies pursuant to Section 633.382, F.S., and this rule chapter, in addition to any regular compensation paid by the employing agencies.

Rulemaking Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(2) FS. History–New 1-3-90, Amended 3-20-95, 7-17-00, Formerly 4A-37.084, Amended________.

 

(Substantial rewording of Rule 69A-37.085 follows. See Florida Administrative Code for present text.)

69A-37.085 Eligibility Requirements for Supplemental Compensation.

To be eligible to receive Supplemental Compensation the employing agency must meet the definition in Section 633.382, F.S., and the firefighter must meet all of the following requirements:

(1) Be certified as a firefighter pursuant to section 633.35, F.S.;

(2) Possess an eligible Associate or Bachelor’s Degree, and

(3) Be employed full time as a firefighter by an employing agency.

(4) No firefighter shall be eligible to receive supplemental compensation for more than one degree. If the firefighter holds more than one eligible degree, compensation will be paid for the bachelors degree.

(5) An employing agency is not eligible to be reimbursed for a firefighter’s supplemental pay when:

(a) The firefighter is no longer employed by the employing agency;

(b) The firefighter is transferred to a position for which the firefighter’s degree no longer qualifies him or her;

(c) The firefighter is no longer employed in a full time capacity;

(d) The firefighter takes a leave of absence without pay;

(e) The firefighter is suspended without pay;

(f) The firefighter is no longer certified pursuant to Section 633.351, F.S.

(6) The effective date of ineligibility shall be that date on which the firefighter ceases to receive compensation from the employing agency for performing the duties of a full-time firefighter.

Rulemaking Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(2) FS. History–New 1-3-90, Amended 3-20-95, Formerly 4A-37.085, Amended________.

 

(Substantial rewording of Rule 69A-37.086 follows. See Florida Administrative Code for present text.)

69A-37.086 Request for Eligibility Determination Enrollment Procedures for Supplemental Compensation.

(1) Whenever a question arises as to the eligibility of an employing agency to be reimbursed for supplemental compensation paid to a firefighter as provided in section 633.382, F.S., the question shall be submitted on Form DFS-K4-1057, amended________, adopted and incorporated herein by reference, to the division for determination. The form can be obtained as indicated in subsection 69A-37.089(3), F.A.C. The form shall be completed in full, signed by an authorized representative of the employing agency, and accompanied by the attachments set forth in the form.

(2) The employing agency’s certification shall be based upon the completed coursework identified in the transcript and not solely upon the title of the degree conferred. The standard shall be whether the courses within the major field of study relate in a meaningful way to the firefighter’s job description.

(3) The division will advise the employing agency of its determination in writing.

Rulemaking Specific Authority 633.45(2) FS. Law Implemented 633.382(2) FS. History–New 1-3-90, Amended 3-20-95, Formerly 4A-37.086, Amended________.

 

69A-37.087 Cessation of Supplemental Compensation.

Rulemaking Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(2) FS. History–New 1-3-90, Amended 3-20-95, Formerly 4A-37.087, Repealed _________.

 

69A-37.088 Eligibility Requirements for Re-Entry.

Rulemaking Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(2) FS. History–New 1-3-90, Amended 3-20-95, Formerly 4A-37.088, Repealed _________.

 

69A-37.089 Employing Agency Request for Reimbursement Prescribed Forms.

(1) Each employing agency seeking reimbursement for supplemental compensation paid to firefighters pursuant to section 633.082, F.S. and this rule shall submit quarterly reports to the division on March 31, June 30, September 30, and December 31 of each year on Form DFS-K4-1065, amended_________, adopted and incorporated herein by reference.

(2) Every employing agency must maintain written records relating to the eligibility of every firefighter whose name is submitted to the division pursuant to subsection (1) above in separate files for a period of five years for audit purposes.

(3) Copies of all forms listed in this Rule chapter can be obtained through the Florida State Fire College, 11655 Northwest Gainesville Road, Ocala, Florida 34482-1486; website: www.floridastatefirecollege.org.

Rulemaking Specific Authority 633.45(2)(a) FS. Law Implemented 633.382(2), (3), (5) FS. History–New 1-3-90, Formerly 4A-37.089, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Karl Thompson
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 8, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 23, 2010