Notice of Proposed Rule

DEPARTMENT OF FINANCIAL SERVICES
Division of State Fire Marshal
RULE NO: RULE TITLE
69A-62.050: Official State Firefighter Memorial Flag
PURPOSE AND EFFECT: To set forth the design, conditions of production, distribution, and display of an official state firefighter memorial flag to honor firefighters who have died in the line of duty.
SUMMARY: The rule sets forth the design specifications and a competitive process for production of the flags. The flags will be distributed at no cost to the next of kin of those firefighters honored at the annual fallen firefighter memorial service at the State Fire College in Ocala. Flag display is governed by Section 256.05, F.S.
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: 256.15(3) FS.
LAW IMPLEMENTED: 256.15 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: Tuesday, June 29, 2010, 1:00 p.m.
PLACE: Auditorium, Florida State Fire College, 11655 N.W. Gainesville Rd, Ocala, FL 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: Charles Brush, Health and Safety Program Manager, (352)369-2836; Charlie.Brush@myfloridacfo.com. 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: Charles Brush, Health and Safety Program Manager, (352)369-2836; Charlie.Brush@myfloridacfo.com

THE FULL TEXT OF THE PROPOSED RULE IS:

69A-62.050 Official State Firefighter Memorial Flag.

(1) Scope. This rule sets forth the conditions of design, production, distribution, and display of the official state Firefighter Memorial Flag to honor firefighters who have died in the line of duty.

(2) Purpose. To preserve the reverence and dignity associated with the flag, and those whose sacrifice the flag honors.

(3) Design. In addition to the design specifications set forth in statute, the official flag shall be produced in size 5' x 8', and be printed on 200 Denier Solarmax nylon fabric or a fabric of equivalent weather resistance and durability. The flag shall be finished with a canvas heading and two brass grommets, with two rows of lock-stitching on the top and bottom edges, and four rows of stitching on the fly end. The flag shall carry the words “Official State of Florida Firefighter Memorial Flag.”

(4) Production. The Department shall utilize a competitive process to choose a vendor to produce the flag. The Department will enter into an Agreement with the Vendor awarded the contract which will include the price at which the flag will be offered to the public as well as to the Department, the number of days to deliver any flag ordered and the cost for shipping. The contract will include a provision requiring the vendor to provide a copy of this rule, with every flag purchased. The contact information for the winning vendor shall be posted on the State Fire Marshal’s website.

(5) Distribution. The State Fire Marshal honors Florida Firefighters who have died in the line of duty at a Firefighter Memorial Service conducted every year in the month of October at the State Fire College in Ocala, Florida. The official state Firefighter Memorial Flag will be formally presented at this service to the next of kin of every Florida firefighter honored at the ceremony, at no charge to the recipient. Each flag so presented shall carry a note indicating the following: “This flag is being presented to you by courtesy of the people of Florida” and no other name.

(6) Display. The flag may be displayed at memorial or funeral services of firefighters who have died in the line of duty, at firefighter memorials, at fire stations, at the Fallen Firefighter Memorial located at the Florida State Fire College in Ocala, by the families of fallen firefighters, and any occasion which honors the fire service in a reverent and honorable manner which does not violate Section 256.05, F.S.

Rulemaking Authority 256.15(3) FS. Law Implemented 256.15 FS. History–New________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Barry Baker
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Alex Sink
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 6, 2010
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: December 24, 2009