28784282, 69AER24-3 - Florida Administrative Rules, Law, Code, Register

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Notice: 28784282

Notice of Emergency Rule

Department:

DEPARTMENT OF FINANCIAL SERVICES

Division:

Division of State Fire Marshal

Overview

RULE:

69AER24-3

Means of Egress

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

Chapter 2024-155, Laws of Florida, amended paragraph (f), subsection (6), of section 1006.07, Florida Statutes by requiring Charter Schools and District School Boards to install locking classroom doors no later than August 1, 2024. This newly-effective provision of law conflicts with portions of Rule 69A-58.0081, Florida Administrative Code, requiring doors to classrooms that contain fire alarm pulls to remain unlocked at all times. The Chief Financial Officer, as agency head for the Department of Financial Services, hereby finds this conflict of laws creates uncertainty regarding whether classroom doors must remain locked which presents an immediate danger to public health, safety or welfare of the citizens of Florida. The Chief Financial Officer, as the State Fire Marshal, has determined that continued enforcement of the portions of Rule 69A-58.0081, Florida Administrative Code, requiring doors to classrooms that contain fire alarm pulls to remain unlocked at all times shall be stricken and shall not be enforced. It is necessary to ensure all doors to school classrooms and other instructional spaces be locked at all times in order to resolve the conflict presented by adoption of Chapter 2024-155, Laws of Florida, which created paragraph (f) of subsection (6) of section 1006.07, Florida Statutes, and Rule 69A-58.0081, F.A.C. which contains the Uniform Firesafety Standards for Educational Facilities. Therefore, the Department of Financial Services finds that there is an immediate danger to the public health, safety, or welfare of the citizens of Florida requiring emergency action.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

This rulemaking is necessitated by a conflict of law between school safety statutes provided in paragraph (f), subsection (6), of section 1006.07, Florida Statutes, and the Uniform Firesafety Standards for Educational Facilities. The resulting lack of clarity on how Authorities Having Jurisdiction are to apply the Uniform Firesafety Standards for Educational Facilities, in light of newly effective amendments to section 1006.07(6)(f), Florida Statutes, gives rise to uncertainty, which is an imminent threat to the public health, safety, or welfare of the citizens of Florida, which necessitates emergency rule making. The purpose of this emergency rule is to address a conflict between current Uniform Firesafety Standards for Educational Facilities and the newly-enacted paragraph (f), subsection (6), of section 1006.07, Florida Statutes, and the Florida Department of Education rule requiring all doors to all school classrooms and other instructional spaces be locked. The emergency rule will remove the requirement that doors to classrooms that contain fire alarm pulls be unlocked at all times and instead will allow for all classroom doors to remain locked during the school day. This emergency rulemaking is narrowly tailored to address the specific conflict described herein.  All statutory and administrative procedures required for the adoption of this emergency rule have been followed.

SUMMARY:

Emergency Rule 69AER24-3, F.A.C. removes provisions of Uniform Firesafety Standards for Educational Facilities that conflicts with newly-enacted provisions of section 1006.07, Florida Statutes. The new statutory provision requires classroom doors to be unlocked at all times. Removing those provisions will allow all classroom doors to be closed and locked during school days to ensure school children are safe and protected in emergency situations.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Bruce Gillingham, 850-413-3736, Bruce.Gillingham@myfloridacfo.com

PRINT PUBLISH DATE:

9/20/2024 Vol. 50/185

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=69AER24-3&PDate=9/20/2024&Section=4

REFERENCE MATERIALS:

No reference(s).

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