Florida Senate - 2012                                     SB 704
       
       
       
       By Senator Bennett
       
       
       
       
       21-00202D-12                                           2012704__
    1                        A bill to be entitled                      
    2         An act relating to building construction and
    3         inspection; amending s. 162.12, F.S.; revising the
    4         authorized methods of sending notices to violators of
    5         local codes; amending s. 468.604, F.S.; authorizing a
    6         building code administrator or building official to
    7         approve the electronic filing of building plans and
    8         related documents; amending s. 489.105, F.S.; revising
    9         the definition of the term “demolish” for purposes of
   10         describing the scope of work of a contractor to
   11         include all buildings or residences, rather than
   12         buildings or residences of certain heights; amending
   13         s. 553.721, F.S.; allocating a portion of the funds
   14         derived from a surcharge on permit fees to the Florida
   15         Building Code Compliance and Mitigation Program;
   16         making technical and grammatical changes; amending s.
   17         553.73, F.S.; exempting certain buildings or
   18         structures used for hunting from the Florida Building
   19         Code; providing an effective date.
   20  
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (1) of section 162.12, Florida
   24  Statutes, is amended to read:
   25         162.12 Notices.—
   26         (1) All notices required by this part must shall be
   27  provided to the alleged violator by:
   28         (a) Certified mail, return receipt requested, to provided
   29  if such notice is sent under this paragraph to the owner of the
   30  property in question at the address listed in the tax
   31  collector’s office for tax notices, or to and at any other
   32  address provided by the property owner in writing to the local
   33  government for the purpose of receiving notices. For property
   34  owned by a corporation, notices may be provided by certified
   35  mail, return receipt requested, to the registered agent of the
   36  corporation. If any notice sent by certified mail is not signed
   37  as received within 30 days after the date of mailing by such
   38  owner and is returned as unclaimed or refused, notice may be
   39  provided by posting as described in subparagraphs (2)(b)1. and
   40  2. and by first class mail directed to the addresses furnished
   41  to the local government with a properly executed proof of
   42  mailing or affidavit confirming the first class mailing;
   43         (b) Hand delivery by the sheriff or other law enforcement
   44  officer, code inspector, or other person designated by the local
   45  governing body;
   46         (c) Leaving the notice at the violator’s usual place of
   47  residence with any person residing therein who is above 15 years
   48  of age and informing such person of the contents of the notice;
   49  or
   50         (d) In the case of commercial premises, leaving the notice
   51  with the manager or other person in charge.
   52  
   53  Evidence that an attempt has been made to hand deliver or mail
   54  notice as provided in subsection (1), together with proof of
   55  publication or posting as provided in subsection (2), shall be
   56  sufficient to show that the notice requirements of this part
   57  have been met, without regard to whether or not the alleged
   58  violator actually received such notice.
   59         Section 2. Section 468.604, Florida Statutes, is amended to
   60  read:
   61         468.604 Responsibilities of building code administrators,
   62  plans examiners, and inspectors.—
   63         (1) It is the responsibility of the building code
   64  administrator or building official to administrate, supervise,
   65  direct, enforce, or perform the permitting and inspection of
   66  construction, alteration, repair, remodeling, or demolition of
   67  structures and the installation of building systems within the
   68  boundaries of their governmental jurisdiction, when permitting
   69  is required, to ensure compliance with the Florida Building Code
   70  and any applicable local technical amendment to the Florida
   71  Building Code. The building code administrator or building
   72  official shall faithfully perform these responsibilities without
   73  interference from any person. These responsibilities include:
   74         (a) The review of construction plans to ensure compliance
   75  with all applicable sections of the code. The construction plans
   76  must be reviewed before the issuance of any building, system
   77  installation, or other construction permit. The review of
   78  construction plans must be done by the building code
   79  administrator or building official or by a person having the
   80  appropriate plans examiner license issued under this chapter.
   81         (b) The inspection of each phase of construction where a
   82  building or other construction permit has been issued. The
   83  building code administrator or building official, or a person
   84  having the appropriate building code inspector license issued
   85  under this chapter, shall inspect the construction or
   86  installation to ensure that the work is performed in accordance
   87  with applicable sections of the code.
   88         (2) It is the responsibility of the building code inspector
   89  to conduct inspections of construction, alteration, repair,
   90  remodeling, or demolition of structures and the installation of
   91  building systems, when permitting is required, to ensure
   92  compliance with the Florida Building Code and any applicable
   93  local technical amendment to the Florida Building Code. Each
   94  building code inspector must be licensed in the appropriate
   95  category as defined in s. 468.603. The building code inspector’s
   96  responsibilities must be performed under the direction of the
   97  building code administrator or building official without
   98  interference from any unlicensed person.
   99         (3) It is the responsibility of the plans examiner to
  100  conduct review of construction plans submitted in the permit
  101  application to assure compliance with the Florida Building Code
  102  and any applicable local technical amendment to the Florida
  103  Building Code. The review of construction plans must be done by
  104  the building code administrator or building official or by a
  105  person licensed in the appropriate plans examiner category as
  106  defined in s. 468.603. The plans examiner’s responsibilities
  107  must be performed under the supervision and authority of the
  108  building code administrator or building official without
  109  interference from any unlicensed person.
  110         (4)The Legislature finds that the electronic filing of
  111  construction plans will increase government efficiency, reduce
  112  costs, and increase the timeliness of processing permits. Upon
  113  approval by the building code administrator or building
  114  official, construction plans, drawings, specifications, reports,
  115  final documents, or documents prepared or issued by a licensee
  116  for review by the building code administrator, building
  117  official, or plans examiner may be transmitted electronically
  118  and may be signed by the licensee and dated and sealed
  119  electronically pursuant to ss. 668.001-668.006.
  120         Section 3. Subsection (3) of section 489.105, Florida
  121  Statutes, is amended to read:
  122         489.105 Definitions.—As used in this part:
  123         (3) “Contractor” means the person who is qualified for, and
  124  is only responsible for, the project contracted for and means,
  125  except as exempted in this part, the person who, for
  126  compensation, undertakes to, submits a bid to, or does himself
  127  or herself or by others construct, repair, alter, remodel, add
  128  to, demolish, subtract from, or improve any building or
  129  structure, including related improvements to real estate, for
  130  others or for resale to others; and whose job scope is
  131  substantially similar to the job scope described in one of the
  132  subsequent paragraphs of this subsection. For the purposes of
  133  regulation under this part, the term “demolish” applies only to
  134  demolition of steel tanks more than over 50 feet in height;
  135  towers more than over 50 feet in height; other structures more
  136  than over 50 feet in height; and all, other than buildings or
  137  residences over three stories tall; and buildings or residences
  138  over three stories tall. Contractors are subdivided into two
  139  divisions, Division I, consisting of those contractors defined
  140  in paragraphs (a)-(c), and Division II, consisting of those
  141  contractors defined in paragraphs (d)-(r):
  142         (a) “General contractor” means a contractor whose services
  143  are unlimited as to the type of work which he or she may do, who
  144  may contract for any activity requiring licensure under this
  145  part, and who may perform any work requiring licensure under
  146  this part, except as otherwise expressly provided in s. 489.113.
  147         (b) “Building contractor” means a contractor whose services
  148  are limited to construction of commercial buildings and single
  149  dwelling or multiple-dwelling residential buildings, which do
  150  not exceed three stories in height, and accessory use structures
  151  in connection therewith or a contractor whose services are
  152  limited to remodeling, repair, or improvement of any size
  153  building if the services do not affect the structural members of
  154  the building.
  155         (c) “Residential contractor” means a contractor whose
  156  services are limited to construction, remodeling, repair, or
  157  improvement of one-family, two-family, or three-family
  158  residences not exceeding two habitable stories above no more
  159  than one uninhabitable story and accessory use structures in
  160  connection therewith.
  161         (d) “Sheet metal contractor” means a contractor whose
  162  services are unlimited in the sheet metal trade and who has the
  163  experience, knowledge, and skill necessary for the manufacture,
  164  fabrication, assembling, handling, erection, installation,
  165  dismantling, conditioning, adjustment, insulation, alteration,
  166  repair, servicing, or design, if not prohibited by law, of
  167  ferrous or nonferrous metal work of U.S. No. 10 gauge or its
  168  equivalent or lighter gauge and of other materials, including,
  169  but not limited to, fiberglass, used in lieu thereof and of air
  170  handling systems, including the setting of air-handling
  171  equipment and reinforcement of same, the balancing of air
  172  handling systems, and any duct cleaning and equipment sanitizing
  173  that requires at least a partial disassembling of the system.
  174         (e) “Roofing contractor” means a contractor whose services
  175  are unlimited in the roofing trade and who has the experience,
  176  knowledge, and skill to install, maintain, repair, alter,
  177  extend, or design, if not prohibited by law, and use materials
  178  and items used in the installation, maintenance, extension, and
  179  alteration of all kinds of roofing, waterproofing, and coating,
  180  except when coating is not represented to protect, repair,
  181  waterproof, stop leaks, or extend the life of the roof. The
  182  scope of work of a roofing contractor also includes required
  183  roof-deck attachments and any repair or replacement of wood roof
  184  sheathing or fascia as needed during roof repair or replacement.
  185         (f) “Class A air-conditioning contractor” means a
  186  contractor whose services are unlimited in the execution of
  187  contracts requiring the experience, knowledge, and skill to
  188  install, maintain, repair, fabricate, alter, extend, or design,
  189  if not prohibited by law, central air-conditioning,
  190  refrigeration, heating, and ventilating systems, including duct
  191  work in connection with a complete system if such duct work is
  192  performed by the contractor as necessary to complete an air
  193  distribution system, boiler and unfired pressure vessel systems,
  194  and all appurtenances, apparatus, or equipment used in
  195  connection therewith, and any duct cleaning and equipment
  196  sanitizing that requires at least a partial disassembling of the
  197  system; to install, maintain, repair, fabricate, alter, extend,
  198  or design, if not prohibited by law, piping, insulation of
  199  pipes, vessels and ducts, pressure and process piping, and
  200  pneumatic control piping; to replace, disconnect, or reconnect
  201  power wiring on the load side of the dedicated existing
  202  electrical disconnect switch; to install, disconnect, and
  203  reconnect low voltage heating, ventilating, and air-conditioning
  204  control wiring; and to install a condensate drain from an air
  205  conditioning unit to an existing safe waste or other approved
  206  disposal other than a direct connection to a sanitary system.
  207  The scope of work for such contractor also includes any
  208  excavation work incidental thereto, but does not include any
  209  work such as liquefied petroleum or natural gas fuel lines
  210  within buildings, except for disconnecting or reconnecting
  211  changeouts of liquefied petroleum or natural gas appliances
  212  within buildings; potable water lines or connections thereto;
  213  sanitary sewer lines; swimming pool piping and filters; or
  214  electrical power wiring.
  215         (g) “Class B air-conditioning contractor” means a
  216  contractor whose services are limited to 25 tons of cooling and
  217  500,000 Btu of heating in any one system in the execution of
  218  contracts requiring the experience, knowledge, and skill to
  219  install, maintain, repair, fabricate, alter, extend, or design,
  220  if not prohibited by law, central air-conditioning,
  221  refrigeration, heating, and ventilating systems, including duct
  222  work in connection with a complete system only to the extent
  223  such duct work is performed by the contractor as necessary to
  224  complete an air-distribution system being installed under this
  225  classification, and any duct cleaning and equipment sanitizing
  226  that requires at least a partial disassembling of the system; to
  227  install, maintain, repair, fabricate, alter, extend, or design,
  228  if not prohibited by law, piping and insulation of pipes,
  229  vessels, and ducts; to replace, disconnect, or reconnect power
  230  wiring on the load side of the dedicated existing electrical
  231  disconnect switch; to install, disconnect, and reconnect low
  232  voltage heating, ventilating, and air-conditioning control
  233  wiring; and to install a condensate drain from an air
  234  conditioning unit to an existing safe waste or other approved
  235  disposal other than a direct connection to a sanitary system.
  236  The scope of work for such contractor also includes any
  237  excavation work incidental thereto, but does not include any
  238  work such as liquefied petroleum or natural gas fuel lines
  239  within buildings, except for disconnecting or reconnecting
  240  changeouts of liquefied petroleum or natural gas appliances
  241  within buildings; potable water lines or connections thereto;
  242  sanitary sewer lines; swimming pool piping and filters; or
  243  electrical power wiring.
  244         (h) “Class C air-conditioning contractor” means a
  245  contractor whose business is limited to the servicing of air
  246  conditioning, heating, or refrigeration systems, including any
  247  duct cleaning and equipment sanitizing that requires at least a
  248  partial disassembling of the system, and whose certification or
  249  registration, issued pursuant to this part, was valid on October
  250  1, 1988. Only a person who was registered or certified as a
  251  Class C air-conditioning contractor as of October 1, 1988, shall
  252  be so registered or certified after October 1, 1988. However,
  253  the board shall continue to license and regulate those Class C
  254  air-conditioning contractors who held Class C licenses before
  255  October 1, 1988.
  256         (i) “Mechanical contractor” means a contractor whose
  257  services are unlimited in the execution of contracts requiring
  258  the experience, knowledge, and skill to install, maintain,
  259  repair, fabricate, alter, extend, or design, if not prohibited
  260  by law, central air-conditioning, refrigeration, heating, and
  261  ventilating systems, including duct work in connection with a
  262  complete system if such duct work is performed by the contractor
  263  as necessary to complete an air-distribution system, boiler and
  264  unfired pressure vessel systems, lift station equipment and
  265  piping, and all appurtenances, apparatus, or equipment used in
  266  connection therewith, and any duct cleaning and equipment
  267  sanitizing that requires at least a partial disassembling of the
  268  system; to install, maintain, repair, fabricate, alter, extend,
  269  or design, if not prohibited by law, piping, insulation of
  270  pipes, vessels and ducts, pressure and process piping, pneumatic
  271  control piping, gasoline tanks and pump installations and piping
  272  for same, standpipes, air piping, vacuum line piping, oxygen
  273  lines, nitrous oxide piping, ink and chemical lines, fuel
  274  transmission lines, liquefied petroleum gas lines within
  275  buildings, and natural gas fuel lines within buildings; to
  276  replace, disconnect, or reconnect power wiring on the load side
  277  of the dedicated existing electrical disconnect switch; to
  278  install, disconnect, and reconnect low voltage heating,
  279  ventilating, and air-conditioning control wiring; and to install
  280  a condensate drain from an air-conditioning unit to an existing
  281  safe waste or other approved disposal other than a direct
  282  connection to a sanitary system. The scope of work for such
  283  contractor also includes any excavation work incidental thereto,
  284  but does not include any work such as potable water lines or
  285  connections thereto, sanitary sewer lines, swimming pool piping
  286  and filters, or electrical power wiring.
  287         (j) “Commercial pool/spa contractor” means a contractor
  288  whose scope of work involves, but is not limited to, the
  289  construction, repair, and servicing of any swimming pool, or hot
  290  tub or spa, whether public, private, or otherwise, regardless of
  291  use. The scope of work includes the installation, repair, or
  292  replacement of existing equipment, any cleaning or equipment
  293  sanitizing that requires at least a partial disassembling,
  294  excluding filter changes, and the installation of new pool/spa
  295  equipment, interior finishes, the installation of package pool
  296  heaters, the installation of all perimeter piping and filter
  297  piping, and the construction of equipment rooms or housing for
  298  pool/spa equipment, and also includes the scope of work of a
  299  swimming pool/spa servicing contractor. The scope of such work
  300  does not include direct connections to a sanitary sewer system
  301  or to potable water lines. The installation, construction,
  302  modification, or replacement of equipment permanently attached
  303  to and associated with the pool or spa for the purpose of water
  304  treatment or cleaning of the pool or spa requires licensure;
  305  however, the usage of such equipment for the purposes of water
  306  treatment or cleaning does not require licensure unless the
  307  usage involves construction, modification, or replacement of
  308  such equipment. Water treatment that does not require such
  309  equipment does not require a license. In addition, a license is
  310  not required for the cleaning of the pool or spa in a way that
  311  does not affect the structural integrity of the pool or spa or
  312  its associated equipment.
  313         (k) “Residential pool/spa contractor” means a contractor
  314  whose scope of work involves, but is not limited to, the
  315  construction, repair, and servicing of a residential swimming
  316  pool, or hot tub or spa, regardless of use. The scope of work
  317  includes the installation, repair, or replacement of existing
  318  equipment, any cleaning or equipment sanitizing that requires at
  319  least a partial disassembling, excluding filter changes, and the
  320  installation of new pool/spa equipment, interior finishes, the
  321  installation of package pool heaters, the installation of all
  322  perimeter piping and filter piping, and the construction of
  323  equipment rooms or housing for pool/spa equipment, and also
  324  includes the scope of work of a swimming pool/spa servicing
  325  contractor. The scope of such work does not include direct
  326  connections to a sanitary sewer system or to potable water
  327  lines. The installation, construction, modification, or
  328  replacement of equipment permanently attached to and associated
  329  with the pool or spa for the purpose of water treatment or
  330  cleaning of the pool or spa requires licensure; however, the
  331  usage of such equipment for the purposes of water treatment or
  332  cleaning does not require licensure unless the usage involves
  333  construction, modification, or replacement of such equipment.
  334  Water treatment that does not require such equipment does not
  335  require a license. In addition, a license is not required for
  336  the cleaning of the pool or spa in a way that does not affect
  337  the structural integrity of the pool or spa or its associated
  338  equipment.
  339         (l) “Swimming pool/spa servicing contractor” means a
  340  contractor whose scope of work involves, but is not limited to,
  341  the repair and servicing of a swimming pool, or hot tub or spa,
  342  whether public or private, or otherwise, regardless of use. The
  343  scope of work includes the repair or replacement of existing
  344  equipment, any cleaning or equipment sanitizing that requires at
  345  least a partial disassembling, excluding filter changes, and the
  346  installation of new pool/spa equipment, interior refinishing,
  347  the reinstallation or addition of pool heaters, the repair or
  348  replacement of all perimeter piping and filter piping, the
  349  repair of equipment rooms or housing for pool/spa equipment, and
  350  the substantial or complete draining of a swimming pool, or hot
  351  tub or spa, for the purpose of repair or renovation. The scope
  352  of such work does not include direct connections to a sanitary
  353  sewer system or to potable water lines. The installation,
  354  construction, modification, substantial or complete disassembly,
  355  or replacement of equipment permanently attached to and
  356  associated with the pool or spa for the purpose of water
  357  treatment or cleaning of the pool or spa requires licensure;
  358  however, the usage of such equipment for the purposes of water
  359  treatment or cleaning does not require licensure unless the
  360  usage involves construction, modification, substantial or
  361  complete disassembly, or replacement of such equipment. Water
  362  treatment that does not require such equipment does not require
  363  a license. In addition, a license is not required for the
  364  cleaning of the pool or spa in a way that does not affect the
  365  structural integrity of the pool or spa or its associated
  366  equipment.
  367         (m) “Plumbing contractor” means a contractor whose
  368  contracting business consists of the execution of contracts
  369  requiring the experience, financial means, knowledge, and skill
  370  to install, maintain, repair, alter, extend, or, if not
  371  prohibited by law, design plumbing. A plumbing contractor may
  372  install, maintain, repair, alter, extend, or, if not prohibited
  373  by law, design the following without obtaining an additional
  374  local regulatory license, certificate, or registration: sanitary
  375  drainage or storm drainage facilities; venting systems; public
  376  or private water supply systems; septic tanks; drainage and
  377  supply wells; swimming pool piping; irrigation systems; or solar
  378  heating water systems and all appurtenances, apparatus, or
  379  equipment used in connection therewith, including boilers and
  380  pressure process piping and including the installation of water,
  381  natural gas, liquefied petroleum gas and related venting, and
  382  storm and sanitary sewer lines; and water and sewer plants and
  383  substations. The scope of work of the plumbing contractor also
  384  includes the design, if not prohibited by law, and installation,
  385  maintenance, repair, alteration, or extension of air-piping,
  386  vacuum line piping, oxygen line piping, nitrous oxide piping,
  387  and all related medical gas systems; fire line standpipes and
  388  fire sprinklers if authorized by law; ink and chemical lines;
  389  fuel oil and gasoline piping and tank and pump installation,
  390  except bulk storage plants; and pneumatic control piping
  391  systems, all in a manner that complies with all plans,
  392  specifications, codes, laws, and regulations applicable. The
  393  scope of work of the plumbing contractor applies to private
  394  property and public property, including any excavation work
  395  incidental thereto, and includes the work of the specialty
  396  plumbing contractor. Such contractor shall subcontract, with a
  397  qualified contractor in the field concerned, all other work
  398  incidental to the work but which is specified as being the work
  399  of a trade other than that of a plumbing contractor. This
  400  definition does not limit the scope of work of any specialty
  401  contractor certified pursuant to s. 489.113(6), and does not
  402  require certification or registration under this part of any
  403  authorized employee of a public natural gas utility or of a
  404  private natural gas utility regulated by the Public Service
  405  Commission when disconnecting and reconnecting water lines in
  406  the servicing or replacement of an existing water heater.
  407         (n) “Underground utility and excavation contractor” means a
  408  contractor whose services are limited to the construction,
  409  installation, and repair, on public or private property, whether
  410  accomplished through open excavations or through other means,
  411  including, but not limited to, directional drilling, auger
  412  boring, jacking and boring, trenchless technologies, wet and dry
  413  taps, grouting, and slip lining, of main sanitary sewer
  414  collection systems, main water distribution systems, storm sewer
  415  collection systems, and the continuation of utility lines from
  416  the main systems to a point of termination up to and including
  417  the meter location for the individual occupancy, sewer
  418  collection systems at property line on residential or single
  419  occupancy commercial properties, or on multioccupancy properties
  420  at manhole or wye lateral extended to an invert elevation as
  421  engineered to accommodate future building sewers, water
  422  distribution systems, or storm sewer collection systems at storm
  423  sewer structures. However, an underground utility and excavation
  424  contractor may install empty underground conduits in rights-of
  425  way, easements, platted rights-of-way in new site development,
  426  and sleeves for parking lot crossings no smaller than 2 inches
  427  in diameter if each conduit system installed is designed by a
  428  licensed professional engineer or an authorized employee of a
  429  municipality, county, or public utility and the installation of
  430  such conduit does not include installation of any conductor
  431  wiring or connection to an energized electrical system. An
  432  underground utility and excavation contractor may not install
  433  piping that is an integral part of a fire protection system as
  434  defined in s. 633.021 beginning at the point where the piping is
  435  used exclusively for such system.
  436         (o) “Solar contractor” means a contractor whose services
  437  consist of the installation, alteration, repair, maintenance,
  438  relocation, or replacement of solar panels for potable solar
  439  water heating systems, swimming pool solar heating systems, and
  440  photovoltaic systems and any appurtenances, apparatus, or
  441  equipment used in connection therewith, whether public, private,
  442  or otherwise, regardless of use. A contractor, certified or
  443  registered pursuant to this chapter, is not required to become a
  444  certified or registered solar contractor or to contract with a
  445  solar contractor in order to provide services enumerated in this
  446  paragraph that are within the scope of the services such
  447  contractors may render under this part.
  448         (p) “Pollutant storage systems contractor” means a
  449  contractor whose services are limited to, and who has the
  450  experience, knowledge, and skill to install, maintain, repair,
  451  alter, extend, or design, if not prohibited by law, and use
  452  materials and items used in the installation, maintenance,
  453  extension, and alteration of, pollutant storage tanks. Any
  454  person installing a pollutant storage tank shall perform such
  455  installation in accordance with the standards adopted pursuant
  456  to s. 376.303.
  457         (q) “Glass and glazing contractor” means a contractor whose
  458  services are unlimited in the execution of contracts requiring
  459  the experience, knowledge, and skill to install, attach,
  460  maintain, repair, fabricate, alter, extend, or design, in
  461  residential and commercial applications without any height
  462  restrictions, all types of windows, glass, and mirrors, whether
  463  fixed or movable; swinging or sliding glass doors attached to
  464  existing walls, floors, columns, or other structural members of
  465  the building; glass holding or supporting mullions or horizontal
  466  bars; structurally anchored impact-resistant opening protection
  467  attached to existing building walls, floors, columns, or other
  468  structural members of the building; prefabricated glass, metal,
  469  or plastic curtain walls; storefront frames or panels; shower
  470  and tub enclosures; metal fascias; and caulking incidental to
  471  such work and assembly.
  472         (r) “Specialty contractor” means a contractor whose scope
  473  of work and responsibility is limited to a particular phase of
  474  construction established in a category adopted by board rule and
  475  whose scope is limited to a subset of the activities described
  476  in one of the paragraphs of this subsection.
  477         Section 4. Section 553.721, Florida Statutes, is amended to
  478  read:
  479         553.721 Surcharge.—In order for the Department of Business
  480  and Professional Regulation to administer and carry out the
  481  purposes of this part and related activities, there is hereby
  482  created a surcharge, to be assessed at the rate of 1.5 percent
  483  of the permit fees associated with enforcement of the Florida
  484  Building Code as defined by the uniform account criteria and
  485  specifically the uniform account code for building permits
  486  adopted for local government financial reporting pursuant to s.
  487  218.32. The minimum amount collected on any permit issued shall
  488  be $2. The unit of government responsible for collecting a
  489  permit fee pursuant to s. 125.56(4) or s. 166.201 shall collect
  490  the such surcharge and electronically remit the funds collected
  491  to the department on a quarterly calendar basis beginning not
  492  later than December 31, 2010, for the preceding quarter, and
  493  continuing each third month thereafter. The, and such unit of
  494  government shall retain 10 percent of the surcharge collected to
  495  fund the participation of building departments in the national
  496  and state building code adoption processes and to provide
  497  education related to enforcement of the Florida Building Code.
  498  All funds remitted to the department pursuant to this section
  499  shall be deposited in the Professional Regulation Trust Fund.
  500  Funds collected from the such surcharge shall be allocated
  501  equally to fund used exclusively for the duties of the Florida
  502  Building Commission and the Florida Building Code Compliance and
  503  Mitigation Program under s. 553.841. However, funds allocated to
  504  the Florida Building Code Compliance and Mitigation Program may
  505  not exceed $925,000 in a fiscal year. The funds collected from
  506  the surcharge may and the Department of Business and
  507  Professional Regulation under this chapter and shall not be used
  508  to fund research on techniques for mitigation of radon in
  509  existing buildings. Funds used by the department as well as
  510  funds to be transferred to the Department of Health shall be as
  511  prescribed in the annual General Appropriations Act. The
  512  department shall adopt rules governing the collection and
  513  remittance of surcharges pursuant to in accordance with chapter
  514  120.
  515         Section 5. Subsection (10) of section 553.73, Florida
  516  Statutes, is amended to read:
  517         553.73 Florida Building Code.—
  518         (10) The following buildings, structures, and facilities
  519  are exempt from the Florida Building Code as provided by law,
  520  and any further exemptions shall be as determined by the
  521  Legislature and provided by law:
  522         (a) Buildings and structures specifically regulated and
  523  preempted by the Federal Government.
  524         (b) Railroads and ancillary facilities associated with the
  525  railroad.
  526         (c) Nonresidential farm buildings on farms.
  527         (d) Temporary buildings or sheds used exclusively for
  528  construction purposes.
  529         (e) Mobile or modular structures used as temporary offices,
  530  except that the provisions of part II relating to accessibility
  531  by persons with disabilities shall apply to such mobile or
  532  modular structures.
  533         (f) Those structures or facilities of electric utilities,
  534  as defined in s. 366.02, which are directly involved in the
  535  generation, transmission, or distribution of electricity.
  536         (g) Temporary sets, assemblies, or structures used in
  537  commercial motion picture or television production, or any
  538  sound-recording equipment used in such production, on or off the
  539  premises.
  540         (h) Storage sheds that are not designed for human
  541  habitation and that have a floor area of 720 square feet or less
  542  are not required to comply with the mandatory wind-borne-debris
  543  impact standards of the Florida Building Code. In addition, such
  544  buildings that are 400 square feet or less and that are intended
  545  for use in conjunction with one- and two-family residences are
  546  not subject to the door height and width requirements of the
  547  Florida Building Code.
  548         (i) Chickees constructed by the Miccosukee Tribe of Indians
  549  of Florida or the Seminole Tribe of Florida. As used in this
  550  paragraph, the term “chickee” means an open-sided wooden hut
  551  that has a thatched roof of palm or palmetto or other
  552  traditional materials, and that does not incorporate any
  553  electrical, plumbing, or other nonwood features.
  554         (j) Family mausoleums not exceeding 250 square feet in area
  555  which are prefabricated and assembled on site or preassembled
  556  and delivered on site and have walls, roofs, and a floor
  557  constructed of granite, marble, or reinforced concrete.
  558         (k) A building or structure having less than 1,000 square
  559  feet which is constructed and owned by a natural person for
  560  hunting and which is repaired or reconstructed to the same
  561  dimension and condition as existed on January 1, 2011, if the
  562  building or structure:
  563         1. Is not rented or leased or used as a principal
  564  residence;
  565         2. Is not located within the 100-year floodplain according
  566  to Federal Emergency Management Agency’s current Flood Insurance
  567  Rate Map; and
  568         3. Is not connected to an off-site electric power or water
  569  supply.
  570  
  571  With the exception of paragraphs (a), (b), (c), and (f), in
  572  order to preserve the health, safety, and welfare of the public,
  573  the Florida Building Commission may, by rule adopted pursuant to
  574  chapter 120, provide for exceptions to the broad categories of
  575  buildings exempted in this section, including exceptions for
  576  application of specific sections of the code or standards
  577  adopted therein. The Department of Agriculture and Consumer
  578  Services shall have exclusive authority to adopt by rule,
  579  pursuant to chapter 120, exceptions to nonresidential farm
  580  buildings exempted in paragraph (c) when reasonably necessary to
  581  preserve public health, safety, and welfare. The exceptions must
  582  be based upon specific criteria, such as under-roof floor area,
  583  aggregate electrical service capacity, HVAC system capacity, or
  584  other building requirements. Further, the commission may
  585  recommend to the Legislature additional categories of buildings,
  586  structures, or facilities which should be exempted from the
  587  Florida Building Code, to be provided by law. The Florida
  588  Building Code does not apply to temporary housing provided by
  589  the Department of Corrections to any prisoner in the state
  590  correctional system.
  591         Section 6. This act shall take effect July 1, 2012.