Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1080
       
       
       
       
       
       
                                Barcode 453686                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/16/2013           .                                
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       The Committee on Community Affairs (Simpson) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 12 and 13
    4  insert:
    5         Section 1. Section 162.12, Florida Statutes, is amended to
    6  read:
    7         162.12 Notices.—
    8         (1) All notices required by this part must be provided to
    9  the alleged violator by:
   10         (a) Certified mail, return receipt requested, to the
   11  address listed in the tax collector’s office for tax notices, or
   12  to the address listed in the county property appraiser’s
   13  database. The local government may also provide an additional
   14  notice to any other address it may find for provided by the
   15  property owner in writing to the local government for the
   16  purpose of receiving notices. For property owned by a
   17  corporation, notices may be provided by certified mail to the
   18  registered agent of the corporation. If any notice sent by
   19  certified mail is not signed as received within 30 days after
   20  the postmarked date of mailing, notice may be provided by
   21  posting as described in subparagraphs (2)(b)1. and 2.;
   22         (b) Hand delivery by the sheriff or other law enforcement
   23  officer, code inspector, or other person designated by the local
   24  governing body;
   25         (c) Leaving the notice at the violator’s usual place of
   26  residence with any person residing therein who is above 15 years
   27  of age and informing such person of the contents of the notice;
   28  or
   29         (d) In the case of commercial premises, leaving the notice
   30  with the manager or other person in charge.
   31         (2) In addition to providing notice as set forth in
   32  subsection (1), at the option of the code enforcement board or
   33  the local government, notice may also be served by publication
   34  or posting, as follows:
   35         (a)1. Such notice shall be published once during each week
   36  for 4 consecutive weeks (four publications being sufficient) in
   37  a newspaper of general circulation in the county where the code
   38  enforcement board is located. The newspaper shall meet such
   39  requirements as are prescribed under chapter 50 for legal and
   40  official advertisements.
   41         2. Proof of publication shall be made as provided in ss.
   42  50.041 and 50.051.
   43         (b)1. In lieu of publication as described in paragraph (a),
   44  such notice may be posted at least 10 days prior to the hearing,
   45  or prior to the expiration of any deadline contained in the
   46  notice, in at least two locations, one of which shall be the
   47  property upon which the violation is alleged to exist and the
   48  other of which shall be, in the case of municipalities, at the
   49  primary municipal government office, and in the case of
   50  counties, at the front door of the courthouse or the main county
   51  governmental center in said county.
   52         2. Proof of posting shall be by affidavit of the person
   53  posting the notice, which affidavit shall include a copy of the
   54  notice posted and the date and places of its posting.
   55         (c) Notice by publication or posting may run concurrently
   56  with, or may follow, an attempt or attempts to provide notice by
   57  hand delivery or by mail as required under subsection (1).
   58  
   59         Evidence that an attempt has been made to hand deliver or
   60  mail notice as provided in subsection (1), together with proof
   61  of publication or posting as provided in subsection (2), shall
   62  be sufficient to show that the notice requirements of this part
   63  have been met, without regard to whether or not the alleged
   64  violator actually received such notice.
   65         Section 2. Paragraph (aa) of subsection (4) of section
   66  381.0065, Florida Statutes, is amended to read:
   67         381.0065 Onsite sewage treatment and disposal systems;
   68  regulation.—
   69         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
   70  construct, repair, modify, abandon, or operate an onsite sewage
   71  treatment and disposal system without first obtaining a permit
   72  approved by the department. The department may issue permits to
   73  carry out this section, but shall not make the issuance of such
   74  permits contingent upon prior approval by the Department of
   75  Environmental Protection, except that the issuance of a permit
   76  for work seaward of the coastal construction control line
   77  established under s. 161.053 shall be contingent upon receipt of
   78  any required coastal construction control line permit from the
   79  Department of Environmental Protection. A construction permit is
   80  valid for 18 months from the issuance date and may be extended
   81  by the department for one 90-day period under rules adopted by
   82  the department. A repair permit is valid for 90 days from the
   83  date of issuance. An operating permit must be obtained prior to
   84  the use of any aerobic treatment unit or if the establishment
   85  generates commercial waste. Buildings or establishments that use
   86  an aerobic treatment unit or generate commercial waste shall be
   87  inspected by the department at least annually to assure
   88  compliance with the terms of the operating permit. The operating
   89  permit for a commercial wastewater system is valid for 1 year
   90  from the date of issuance and must be renewed annually. The
   91  operating permit for an aerobic treatment unit is valid for 2
   92  years from the date of issuance and must be renewed every 2
   93  years. If all information pertaining to the siting, location,
   94  and installation conditions or repair of an onsite sewage
   95  treatment and disposal system remains the same, a construction
   96  or repair permit for the onsite sewage treatment and disposal
   97  system may be transferred to another person, if the transferee
   98  files, within 60 days after the transfer of ownership, an
   99  amended application providing all corrected information and
  100  proof of ownership of the property. There is no fee associated
  101  with the processing of this supplemental information. A person
  102  may not contract to construct, modify, alter, repair, service,
  103  abandon, or maintain any portion of an onsite sewage treatment
  104  and disposal system without being registered under part III of
  105  chapter 489. A property owner who personally performs
  106  construction, maintenance, or repairs to a system serving his or
  107  her own owner-occupied single-family residence is exempt from
  108  registration requirements for performing such construction,
  109  maintenance, or repairs on that residence, but is subject to all
  110  permitting requirements. A municipality or political subdivision
  111  of the state may not issue a building or plumbing permit for any
  112  building that requires the use of an onsite sewage treatment and
  113  disposal system unless the owner or builder has received a
  114  construction permit for such system from the department. A
  115  building or structure may not be occupied and a municipality,
  116  political subdivision, or any state or federal agency may not
  117  authorize occupancy until the department approves the final
  118  installation of the onsite sewage treatment and disposal system.
  119  A municipality or political subdivision of the state may not
  120  approve any change in occupancy or tenancy of a building that
  121  uses an onsite sewage treatment and disposal system until the
  122  department has reviewed the use of the system with the proposed
  123  change, approved the change, and amended the operating permit.
  124         (aa) An existing-system inspection or evaluation and
  125  assessment, or a modification, replacement, or upgrade of an
  126  onsite sewage treatment and disposal system is not required for
  127  a remodeling addition or modification to a single-family home if
  128  a bedroom is not added. However, a remodeling addition or
  129  modification to a single-family home may not cover any part of
  130  the existing system or encroach upon a required setback or the
  131  unobstructed area. To determine if a setback or the unobstructed
  132  area is impacted, the local health department shall review and
  133  verify a floor plan and site plan of the proposed remodeling
  134  addition or modification to the home submitted by a remodeler
  135  which shows the location of the system, including the distance
  136  of the remodeling addition or modification to the home from the
  137  onsite sewage treatment and disposal system. The local health
  138  department may visit the site or otherwise determine the best
  139  means of verifying the information submitted. A verification of
  140  the location of a system is not an inspection or evaluation and
  141  assessment of the system. The review and verification must be
  142  completed within 7 business days after receipt by the local
  143  health department of a floor plan and site plan. If the review
  144  and verification is not completed within such time, the
  145  remodeling addition or modification to the single-family home,
  146  for the purposes of this paragraph, is approved.
  147         Section 3. Subsection (3) of section 489.105, Florida
  148  Statutes, is amended to read:
  149         489.105 Definitions.—As used in this part:
  150         (3) “Contractor” means the person who is qualified for, and
  151  is only responsible for, the project contracted for and means,
  152  except as exempted in this part, the person who, for
  153  compensation, undertakes to, submits a bid to, or does himself
  154  or herself or by others construct, repair, alter, remodel, add
  155  to, demolish, subtract from, or improve any building or
  156  structure, including related improvements to real estate, for
  157  others or for resale to others; and whose job scope is
  158  substantially similar to the job scope described in one of the
  159  paragraphs of this subsection. For the purposes of regulation
  160  under this part, the term “demolish” applies only to demolition
  161  of steel tanks more than 50 feet in height; towers more than 50
  162  feet in height; other structures more than 50 feet in height,
  163  other than buildings or residences more than three stories tall;
  164  and all buildings or residences more than three stories tall.
  165  Contractors are subdivided into two divisions, Division I,
  166  consisting of those contractors defined in paragraphs (a)-(c),
  167  and Division II, consisting of those contractors defined in
  168  paragraphs (d)-(q):
  169         (a) “General contractor” means a contractor whose services
  170  are unlimited as to the type of work which he or she may do, who
  171  may contract for any activity requiring licensure under this
  172  part, and who may perform any work requiring licensure under
  173  this part, except as otherwise expressly provided in s. 489.113.
  174         (b) “Building contractor” means a contractor whose services
  175  are limited to construction of commercial buildings and single
  176  dwelling or multiple-dwelling residential buildings, which do
  177  not exceed three stories in height, and accessory use structures
  178  in connection therewith or a contractor whose services are
  179  limited to remodeling, repair, or improvement of any size
  180  building if the services do not affect the structural members of
  181  the building.
  182         (c) “Residential contractor” means a contractor whose
  183  services are limited to construction, remodeling, repair, or
  184  improvement of one-family, two-family, or three-family
  185  residences not exceeding two habitable stories above no more
  186  than one uninhabitable story and accessory use structures in
  187  connection therewith.
  188         (d) “Sheet metal contractor” means a contractor whose
  189  services are unlimited in the sheet metal trade and who has the
  190  experience, knowledge, and skill necessary for the manufacture,
  191  fabrication, assembling, handling, erection, installation,
  192  dismantling, conditioning, adjustment, insulation, alteration,
  193  repair, servicing, or design, if not prohibited by law, of
  194  ferrous or nonferrous metal work of U.S. No. 10 gauge or its
  195  equivalent or lighter gauge and of other materials, including,
  196  but not limited to, fiberglass, used in lieu thereof and of air
  197  handling systems, including the setting of air-handling
  198  equipment and reinforcement of same, the balancing of air
  199  handling systems, and any duct cleaning and equipment sanitizing
  200  that requires at least a partial disassembling of the system.
  201         (e) “Roofing contractor” means a contractor whose services
  202  are unlimited in the roofing trade and who has the experience,
  203  knowledge, and skill to install, maintain, repair, alter,
  204  extend, or design, if not prohibited by law, and use materials
  205  and items used in the installation, maintenance, extension, and
  206  alteration of all kinds of roofing, waterproofing, and coating,
  207  except when coating is not represented to protect, repair,
  208  waterproof, stop leaks, or extend the life of the roof. The
  209  scope of work of a roofing contractor also includes skylights
  210  and any related work, required roof-deck attachments, and any
  211  repair or replacement of wood roof sheathing or fascia as needed
  212  during roof repair or replacement and any related work.
  213         (f) “Class A air-conditioning contractor” means a
  214  contractor whose services are unlimited in the execution of
  215  contracts requiring the experience, knowledge, and skill to
  216  install, maintain, repair, fabricate, alter, extend, or design,
  217  if not prohibited by law, central air-conditioning,
  218  refrigeration, heating, and ventilating systems, including duct
  219  work in connection with a complete system if such duct work is
  220  performed by the contractor as necessary to complete an air
  221  distribution system, boiler and unfired pressure vessel systems,
  222  and all appurtenances, apparatus, or equipment used in
  223  connection therewith, and any duct cleaning and equipment
  224  sanitizing that requires at least a partial disassembling of the
  225  system; to install, maintain, repair, fabricate, alter, extend,
  226  or design, if not prohibited by law, piping, insulation of
  227  pipes, vessels and ducts, pressure and process piping, and
  228  pneumatic control piping; to replace, disconnect, or reconnect
  229  power wiring on the load side of the dedicated existing
  230  electrical disconnect switch; to install, disconnect, and
  231  reconnect low voltage heating, ventilating, and air-conditioning
  232  control wiring; and to install a condensate drain from an air
  233  conditioning unit to an existing safe waste or other approved
  234  disposal other than a direct connection to a sanitary system.
  235  The scope of work for such contractor also includes any
  236  excavation work incidental thereto, but does not include any
  237  work such as liquefied petroleum or natural gas fuel lines
  238  within buildings, except for disconnecting or reconnecting
  239  changeouts of liquefied petroleum or natural gas appliances
  240  within buildings; potable water lines or connections thereto;
  241  sanitary sewer lines; swimming pool piping and filters; or
  242  electrical power wiring. A Class A air-conditioning contractor
  243  may test and evaluate central air-conditioning, refrigeration,
  244  heating, and ventilating systems, including duct work; however,
  245  a mandatory licensing requirement is not established for the
  246  performance of these specific services.
  247         (g) “Class B air-conditioning contractor” means a
  248  contractor whose services are limited to 25 tons of cooling and
  249  500,000 Btu of heating in any one system in the execution of
  250  contracts requiring the experience, knowledge, and skill to
  251  install, maintain, repair, fabricate, alter, extend, or design,
  252  if not prohibited by law, central air-conditioning,
  253  refrigeration, heating, and ventilating systems, including duct
  254  work in connection with a complete system only to the extent
  255  such duct work is performed by the contractor as necessary to
  256  complete an air-distribution system being installed under this
  257  classification, and any duct cleaning and equipment sanitizing
  258  that requires at least a partial disassembling of the system; to
  259  install, maintain, repair, fabricate, alter, extend, or design,
  260  if not prohibited by law, piping and insulation of pipes,
  261  vessels, and ducts; to replace, disconnect, or reconnect power
  262  wiring on the load side of the dedicated existing electrical
  263  disconnect switch; to install, disconnect, and reconnect low
  264  voltage heating, ventilating, and air-conditioning control
  265  wiring; and to install a condensate drain from an air
  266  conditioning unit to an existing safe waste or other approved
  267  disposal other than a direct connection to a sanitary system.
  268  The scope of work for such contractor also includes any
  269  excavation work incidental thereto, but does not include any
  270  work such as liquefied petroleum or natural gas fuel lines
  271  within buildings, except for disconnecting or reconnecting
  272  changeouts of liquefied petroleum or natural gas appliances
  273  within buildings; potable water lines or connections thereto;
  274  sanitary sewer lines; swimming pool piping and filters; or
  275  electrical power wiring. A Class B air-conditioning contractor
  276  may test and evaluate central air-conditioning, refrigeration,
  277  heating, and ventilating systems, including duct work; however,
  278  a mandatory licensing requirement is not established for the
  279  performance of these specific services.
  280         (h) “Class C air-conditioning contractor” means a
  281  contractor whose business is limited to the servicing of air
  282  conditioning, heating, or refrigeration systems, including any
  283  duct cleaning and equipment sanitizing that requires at least a
  284  partial disassembling of the system, and whose certification or
  285  registration, issued pursuant to this part, was valid on October
  286  1, 1988. Only a person who was registered or certified as a
  287  Class C air-conditioning contractor as of October 1, 1988, shall
  288  be so registered or certified after October 1, 1988. However,
  289  the board shall continue to license and regulate those Class C
  290  air-conditioning contractors who held Class C licenses before
  291  October 1, 1988.
  292         (i) “Mechanical contractor” means a contractor whose
  293  services are unlimited in the execution of contracts requiring
  294  the experience, knowledge, and skill to install, maintain,
  295  repair, fabricate, alter, extend, or design, if not prohibited
  296  by law, central air-conditioning, refrigeration, heating, and
  297  ventilating systems, including duct work in connection with a
  298  complete system if such duct work is performed by the contractor
  299  as necessary to complete an air-distribution system, boiler and
  300  unfired pressure vessel systems, lift station equipment and
  301  piping, and all appurtenances, apparatus, or equipment used in
  302  connection therewith, and any duct cleaning and equipment
  303  sanitizing that requires at least a partial disassembling of the
  304  system; to install, maintain, repair, fabricate, alter, extend,
  305  or design, if not prohibited by law, piping, insulation of
  306  pipes, vessels and ducts, pressure and process piping, pneumatic
  307  control piping, gasoline tanks and pump installations and piping
  308  for same, standpipes, air piping, vacuum line piping, oxygen
  309  lines, nitrous oxide piping, ink and chemical lines, fuel
  310  transmission lines, liquefied petroleum gas lines within
  311  buildings, and natural gas fuel lines within buildings; to
  312  replace, disconnect, or reconnect power wiring on the load side
  313  of the dedicated existing electrical disconnect switch; to
  314  install, disconnect, and reconnect low voltage heating,
  315  ventilating, and air-conditioning control wiring; and to install
  316  a condensate drain from an air-conditioning unit to an existing
  317  safe waste or other approved disposal other than a direct
  318  connection to a sanitary system. The scope of work for such
  319  contractor also includes any excavation work incidental thereto,
  320  but does not include any work such as potable water lines or
  321  connections thereto, sanitary sewer lines, swimming pool piping
  322  and filters, or electrical power wiring. A mechanical contractor
  323  may test and evaluate central air-conditioning, refrigeration,
  324  heating, and ventilating systems, including duct work; however,
  325  a mandatory licensing requirement is not established for the
  326  performance of these specific services.
  327         (j) “Commercial pool/spa contractor” means a contractor
  328  whose scope of work involves, but is not limited to, the
  329  construction, repair, and servicing of any swimming pool, or hot
  330  tub or spa, whether public, private, or otherwise, regardless of
  331  use. The scope of work includes the installation, repair, or
  332  replacement of existing equipment, any cleaning or equipment
  333  sanitizing that requires at least a partial disassembling,
  334  excluding filter changes, and the installation of new pool/spa
  335  equipment, interior finishes, the installation of package pool
  336  heaters, the installation of all perimeter piping and filter
  337  piping, and the construction of equipment rooms or housing for
  338  pool/spa equipment, and also includes the scope of work of a
  339  swimming pool/spa servicing contractor. The scope of such work
  340  does not include direct connections to a sanitary sewer system
  341  or to potable water lines. The installation, construction,
  342  modification, or replacement of equipment permanently attached
  343  to and associated with the pool or spa for the purpose of water
  344  treatment or cleaning of the pool or spa requires licensure;
  345  however, the usage of such equipment for the purposes of water
  346  treatment or cleaning does not require licensure unless the
  347  usage involves construction, modification, or replacement of
  348  such equipment. Water treatment that does not require such
  349  equipment does not require a license. In addition, a license is
  350  not required for the cleaning of the pool or spa in a way that
  351  does not affect the structural integrity of the pool or spa or
  352  its associated equipment.
  353         (k) “Residential pool/spa contractor” means a contractor
  354  whose scope of work involves, but is not limited to, the
  355  construction, repair, and servicing of a residential swimming
  356  pool, or hot tub or spa, regardless of use. The scope of work
  357  includes the installation, repair, or replacement of existing
  358  equipment, any cleaning or equipment sanitizing that requires at
  359  least a partial disassembling, excluding filter changes, and the
  360  installation of new pool/spa equipment, interior finishes, the
  361  installation of package pool heaters, the installation of all
  362  perimeter piping and filter piping, and the construction of
  363  equipment rooms or housing for pool/spa equipment, and also
  364  includes the scope of work of a swimming pool/spa servicing
  365  contractor. The scope of such work does not include direct
  366  connections to a sanitary sewer system or to potable water
  367  lines. The installation, construction, modification, or
  368  replacement of equipment permanently attached to and associated
  369  with the pool or spa for the purpose of water treatment or
  370  cleaning of the pool or spa requires licensure; however, the
  371  usage of such equipment for the purposes of water treatment or
  372  cleaning does not require licensure unless the usage involves
  373  construction, modification, or replacement of such equipment.
  374  Water treatment that does not require such equipment does not
  375  require a license. In addition, a license is not required for
  376  the cleaning of the pool or spa in a way that does not affect
  377  the structural integrity of the pool or spa or its associated
  378  equipment.
  379         (l) “Swimming pool/spa servicing contractor” means a
  380  contractor whose scope of work involves, but is not limited to,
  381  the repair and servicing of a swimming pool, or hot tub or spa,
  382  whether public or private, or otherwise, regardless of use. The
  383  scope of work includes the repair or replacement of existing
  384  equipment, any cleaning or equipment sanitizing that requires at
  385  least a partial disassembling, excluding filter changes, and the
  386  installation of new pool/spa equipment, interior refinishing,
  387  the reinstallation or addition of pool heaters, the repair or
  388  replacement of all perimeter piping and filter piping, the
  389  repair of equipment rooms or housing for pool/spa equipment, and
  390  the substantial or complete draining of a swimming pool, or hot
  391  tub or spa, for the purpose of repair or renovation. The scope
  392  of such work does not include direct connections to a sanitary
  393  sewer system or to potable water lines. The installation,
  394  construction, modification, substantial or complete disassembly,
  395  or replacement of equipment permanently attached to and
  396  associated with the pool or spa for the purpose of water
  397  treatment or cleaning of the pool or spa requires licensure;
  398  however, the usage of such equipment for the purposes of water
  399  treatment or cleaning does not require licensure unless the
  400  usage involves construction, modification, substantial or
  401  complete disassembly, or replacement of such equipment. Water
  402  treatment that does not require such equipment does not require
  403  a license. In addition, a license is not required for the
  404  cleaning of the pool or spa in a way that does not affect the
  405  structural integrity of the pool or spa or its associated
  406  equipment.
  407         (m) “Plumbing contractor” means a contractor whose services
  408  are unlimited in the plumbing trade and includes contracting
  409  business consisting of the execution of contracts requiring the
  410  experience, financial means, knowledge, and skill to install,
  411  maintain, repair, alter, extend, or, if not prohibited by law,
  412  design plumbing. A plumbing contractor may install, maintain,
  413  repair, alter, extend, or, if not prohibited by law, design the
  414  following without obtaining an additional local regulatory
  415  license, certificate, or registration: sanitary drainage or
  416  storm drainage facilities, water and sewer plants and
  417  substations, venting systems, public or private water supply
  418  systems, septic tanks, drainage and supply wells, swimming pool
  419  piping, irrigation systems, and solar heating water systems and
  420  all appurtenances, apparatus, or equipment used in connection
  421  therewith, including boilers and pressure process piping and
  422  including the installation of water, natural gas, liquefied
  423  petroleum gas and related venting, and storm and sanitary sewer
  424  lines. The scope of work of the plumbing contractor also
  425  includes the design, if not prohibited by law, and installation,
  426  maintenance, repair, alteration, or extension of air-piping,
  427  vacuum line piping, oxygen line piping, nitrous oxide piping,
  428  and all related medical gas systems; fire line standpipes and
  429  fire sprinklers if authorized by law; ink and chemical lines;
  430  fuel oil and gasoline piping and tank and pump installation,
  431  except bulk storage plants; and pneumatic control piping
  432  systems, all in a manner that complies with all plans,
  433  specifications, codes, laws, and regulations applicable. The
  434  scope of work of the plumbing contractor applies to private
  435  property and public property, including any excavation work
  436  incidental thereto, and includes the work of the specialty
  437  plumbing contractor. Such contractor shall subcontract, with a
  438  qualified contractor in the field concerned, all other work
  439  incidental to the work but which is specified as being the work
  440  of a trade other than that of a plumbing contractor. This
  441  definition does not limit the scope of work of any specialty
  442  contractor certified pursuant to s. 489.113(6), and does not
  443  require certification or registration under this part of any
  444  authorized employee of a public natural gas utility or of a
  445  private natural gas utility regulated by the Public Service
  446  Commission when disconnecting and reconnecting water lines in
  447  the servicing or replacement of an existing water heater. A
  448  plumbing contractor may perform drain cleaning and clearing and
  449  install or repair rainwater catchment systems; however, a
  450  mandatory licensing requirement is not established for the
  451  performance of these specific services.
  452         (n) “Underground utility and excavation contractor” means a
  453  contractor whose services are limited to the construction,
  454  installation, and repair, on public or private property, whether
  455  accomplished through open excavations or through other means,
  456  including, but not limited to, directional drilling, auger
  457  boring, jacking and boring, trenchless technologies, wet and dry
  458  taps, grouting, and slip lining, of main sanitary sewer
  459  collection systems, main water distribution systems, storm sewer
  460  collection systems, and the continuation of utility lines from
  461  the main systems to a point of termination up to and including
  462  the meter location for the individual occupancy, sewer
  463  collection systems at property line on residential or single
  464  occupancy commercial properties, or on multioccupancy properties
  465  at manhole or wye lateral extended to an invert elevation as
  466  engineered to accommodate future building sewers, water
  467  distribution systems, or storm sewer collection systems at storm
  468  sewer structures. However, an underground utility and excavation
  469  contractor may install empty underground conduits in rights-of
  470  way, easements, platted rights-of-way in new site development,
  471  and sleeves for parking lot crossings no smaller than 2 inches
  472  in diameter if each conduit system installed is designed by a
  473  licensed professional engineer or an authorized employee of a
  474  municipality, county, or public utility and the installation of
  475  such conduit does not include installation of any conductor
  476  wiring or connection to an energized electrical system. An
  477  underground utility and excavation contractor may not install
  478  piping that is an integral part of a fire protection system as
  479  defined in s. 633.021 beginning at the point where the piping is
  480  used exclusively for such system.
  481         (o) “Solar contractor” means a contractor whose services
  482  consist of the installation, alteration, repair, maintenance,
  483  relocation, or replacement of solar panels for potable solar
  484  water heating systems, swimming pool solar heating systems, and
  485  photovoltaic systems and any appurtenances, apparatus, or
  486  equipment used in connection therewith, whether public, private,
  487  or otherwise, regardless of use. A contractor, certified or
  488  registered pursuant to this chapter, is not required to become a
  489  certified or registered solar contractor or to contract with a
  490  solar contractor in order to provide services enumerated in this
  491  paragraph that are within the scope of the services such
  492  contractors may render under this part.
  493         (p) “Pollutant storage systems contractor” means a
  494  contractor whose services are limited to, and who has the
  495  experience, knowledge, and skill to install, maintain, repair,
  496  alter, extend, or design, if not prohibited by law, and use
  497  materials and items used in the installation, maintenance,
  498  extension, and alteration of, pollutant storage tanks. Any
  499  person installing a pollutant storage tank shall perform such
  500  installation in accordance with the standards adopted pursuant
  501  to s. 376.303.
  502         (q) “Specialty contractor” means a contractor whose scope
  503  of work and responsibility is limited to a particular phase of
  504  construction established in a category adopted by board rule and
  505  whose scope is limited to a subset of the activities described
  506  in one of the paragraphs of this subsection.
  507         Section 4. The amendments to s. 489.113(2), Florida
  508  Statutes, by section 11 of chapter 2012-13, Laws of Florida, are
  509  remedial in nature and intended to clarify existing law. This
  510  section applies retroactively to any action initiated or pending
  511  on or after March 23, 2012.
  512         Section 5. Paragraphs (c) and (f) of subsection (5) and
  513  subsection (6) of section 489.127, Florida Statutes, are amended
  514  to read:
  515         489.127 Prohibitions; penalties.—
  516         (5) Each county or municipality may, at its option,
  517  designate one or more of its code enforcement officers, as
  518  defined in chapter 162, to enforce, as set out in this
  519  subsection, the provisions of subsection (1) and s. 489.132(1)
  520  against persons who engage in activity for which a county or
  521  municipal certificate of competency or license or state
  522  certification or registration is required.
  523         (c) The local governing body of the county or municipality
  524  may is authorized to enforce codes and ordinances against
  525  unlicensed contractors under the provisions of this subsection
  526  and may enact an ordinance establishing procedures for
  527  implementing this subsection, including a schedule of penalties
  528  to be assessed by the code enforcement officer. The maximum
  529  civil penalty which may be levied may shall not exceed $2,000
  530  $500. Moneys collected pursuant to this subsection shall be
  531  retained locally, as provided for by local ordinance, and may be
  532  set aside in a specific fund to support future enforcement
  533  activities against unlicensed contractors.
  534         (f) If the enforcement or licensing board or designated
  535  special magistrate finds that a violation exists, the
  536  enforcement or licensing board or designated special magistrate
  537  may order the violator to pay a civil penalty of not less than
  538  the amount set forth on the citation but not more than $1,500
  539  $1,000 per day for each violation. In determining the amount of
  540  the penalty, the enforcement or licensing board or designated
  541  special magistrate shall consider the following factors:
  542         1. The gravity of the violation.
  543         2. Any actions taken by the violator to correct the
  544  violation.
  545         3. Any previous violations committed by the violator.
  546         (6) Local building departments may collect outstanding
  547  fines against registered or certified contractors issued by the
  548  Construction Industry Licensing Board and may retain 75 25
  549  percent of the fines they are able to collect, provided that
  550  they transmit 25 75 percent of the fines they are able to
  551  collect to the department according to a procedure to be
  552  determined by the department.
  553         Section 6. Paragraph (a) of subsection (7) of section
  554  489.131, Florida Statutes, is amended to read:
  555         489.131 Applicability.—
  556         (7)(a) It is the policy of the state that the purpose of
  557  regulation is to protect the public by attaining compliance with
  558  the policies established in law. Fines and other penalties are
  559  provided in order to ensure compliance; however, the collection
  560  of fines and the imposition of penalties are intended to be
  561  secondary to the primary goal of attaining compliance with state
  562  laws and local jurisdiction ordinances. It is the intent of the
  563  Legislature that a local jurisdiction agency charged with
  564  enforcing regulatory laws shall issue a notice of noncompliance
  565  as its first response to a minor violation of a regulatory law
  566  in any instance in which it is reasonable to assume that the
  567  violator was unaware of such a law or unclear as to how to
  568  comply with it. A violation of a regulatory law is a “minor
  569  violation” if it does not result in economic or physical harm to
  570  a person or adversely affect the public health, safety, or
  571  welfare or create a significant threat of such harm. A “notice
  572  of noncompliance” is a notification by the local jurisdiction
  573  agency charged with enforcing the ordinance, which is issued to
  574  the licensee that is subject to the ordinance. A notice of
  575  noncompliance should not be accompanied with a fine or other
  576  disciplinary penalty. It should identify the specific ordinance
  577  that is being violated, provide information on how to comply
  578  with the ordinance, and specify a reasonable time for the
  579  violator to comply with the ordinance. Failure of a licensee to
  580  take action correcting the violation within a set period of time
  581  would then result in the institution of further disciplinary
  582  proceedings.
  583         Section 7. Section 489.514, Florida Statutes, is amended to
  584  read:
  585         489.514 Certification for registered contractors;
  586  grandfathering provisions.—
  587         (1) The board shall, upon receipt of a completed
  588  application, appropriate fee, and proof of compliance with the
  589  provisions of this section, issue:
  590         (a) To an applying registered electrical contractor, a
  591  certificate as an electrical contractor, as defined in s.
  592  489.505(12); or
  593         (b) To an applying registered alarm system contractor, a
  594  certificate in the matching alarm system contractor category, as
  595  defined in s. 489.505(2)(a) or (b); or
  596         (c) To an applying registered electrical specialty
  597  contractor, a certificate in the matching electrical specialty
  598  contractor category, as defined in s. 489.505(19).
  599         (2) Any contractor registered under this part who makes
  600  application under this section to the board shall meet each of
  601  the following requirements for certification:
  602         (a) Currently holds a valid registered local license in the
  603  category of electrical contractor, alarm system contractor, or
  604  electrical specialty contractor.
  605         (b) Has, for that category, passed a written, proctored
  606  examination that the board finds to be substantially similar to
  607  the examination required to be licensed as a certified
  608  contractor under this part. For purposes of this subsection, a
  609  written, proctored examination such as that produced by the
  610  National Assessment Institute, Block and Associates, NAI/Block,
  611  Experior Assessments, Professional Testing, Inc., or Assessment
  612  Systems, Inc., shall be considered to be substantially similar
  613  to the examination required to be licensed as a certified
  614  contractor. The board may not impose or make any requirements
  615  regarding the nature or content of these cited examinations.
  616         (c) Has at least 5 years of experience as a contractor in
  617  that contracting category, or as an inspector or building
  618  administrator with oversight over that category, at the time of
  619  application. For contractors, only time periods in which the
  620  contractor license is active and the contractor is not on
  621  probation shall count toward the 5 years required under this
  622  subsection.
  623         (d) Has not had his or her contractor’s license revoked at
  624  any time, had his or her contractor’s license suspended in the
  625  last 5 years, or been assessed a fine in excess of $500 in the
  626  last 5 years.
  627         (e) Is in compliance with the insurance and financial
  628  responsibility requirements in s. 489.515(1)(b).
  629         (3) An applicant must make application by November 1, 2015
  630  2004, to be licensed pursuant to this section.
  631         Section 8. Paragraph (c) of subsection (4) of section
  632  489.531, Florida Statutes, is amended to read:
  633         489.531 Prohibitions; penalties.—
  634         (4) Each county or municipality may, at its option,
  635  designate one or more of its code enforcement officers, as
  636  defined in chapter 162, to enforce, as set out in this
  637  subsection, the provisions of subsection (1) against persons who
  638  engage in activity for which county or municipal certification
  639  is required.
  640         (c) The local governing body of the county or municipality
  641  may is authorized to enforce codes and ordinances against
  642  unlicensed contractors under the provisions of this section and
  643  may enact an ordinance establishing procedures for implementing
  644  this section, including a schedule of penalties to be assessed
  645  by the code enforcement officers. The maximum civil penalty
  646  which may be levied may shall not exceed $2,000 $500. Moneys
  647  collected pursuant to this section shall be retained locally as
  648  provided for by local ordinance and may be set aside in a
  649  specific fund to support future enforcement activities against
  650  unlicensed contractors.
  651         Section 9. Subsection (17) of section 553.73, Florida
  652  Statutes, is amended to read:
  653         553.73 Florida Building Code.—
  654         (17) A provision The provisions of section R313 of the most
  655  current version of the International Residential Code relating
  656  to mandated fire sprinklers may not be incorporated into the
  657  Florida Building Code as adopted by the Florida Building
  658  Commission and may not be adopted as a local amendment to the
  659  Florida Building Code. This subsection does not prohibit the
  660  application of cost-saving incentives for residential fire
  661  sprinklers that are authorized in the International Residential
  662  Code upon a mutual agreement between the builder and the code
  663  official. This subsection does not apply to a local government
  664  that has a lawfully adopted ordinance relating to fire
  665  sprinklers which has been in effect since January 1, 2010.
  666         Section 10. Subsection (1) of section 553.74, Florida
  667  Statutes, is amended to read:
  668         553.74 Florida Building Commission.—
  669         (1) The Florida Building Commission is created and located
  670  within the Department of Business and Professional Regulation
  671  for administrative purposes. Members are shall be appointed by
  672  the Governor subject to confirmation by the Senate. The
  673  commission is shall be composed of 26 25 members, consisting of
  674  the following:
  675         (a) One architect registered to practice in this state and
  676  actively engaged in the profession. The American Institute of
  677  Architects, Florida Section, is encouraged to recommend a list
  678  of candidates for consideration.
  679         (b) One structural engineer registered to practice in this
  680  state and actively engaged in the profession. The Florida
  681  Engineering Society is encouraged to recommend a list of
  682  candidates for consideration.
  683         (c) One air-conditioning or mechanical contractor certified
  684  to do business in this state and actively engaged in the
  685  profession. The Florida Air Conditioning Contractors
  686  Association, the Florida Refrigeration and Air Conditioning
  687  Contractors Association, and the Mechanical Contractors
  688  Association of Florida are encouraged to recommend a list of
  689  candidates for consideration.
  690         (d) One electrical contractor certified to do business in
  691  this state and actively engaged in the profession. The Florida
  692  Electrical Contractors Association and the National Electrical
  693  Contractors Association, Florida Chapter, are encouraged to
  694  recommend a list of candidates for consideration.
  695         (e) One member from fire protection engineering or
  696  technology who is actively engaged in the profession. The
  697  Florida Chapter of the Society of Fire Protection Engineers and
  698  the Florida Fire Marshals and Inspectors Association are
  699  encouraged to recommend a list of candidates for consideration.
  700         (f) One general contractor certified to do business in this
  701  state and actively engaged in the profession. The Associated
  702  Builders and Contractors of Florida, the Florida Associated
  703  General Contractors Council, and the Union Contractors
  704  Association are encouraged to recommend a list of candidates for
  705  consideration.
  706         (g) One plumbing contractor licensed to do business in this
  707  state and actively engaged in the profession. The Florida
  708  Association of Plumbing, Heating, and Cooling Contractors is
  709  encouraged to recommend a list of candidates for consideration.
  710         (h) One roofing or sheet metal contractor certified to do
  711  business in this state and actively engaged in the profession.
  712  The Florida Roofing, Sheet Metal, and Air Conditioning
  713  Contractors Association and the Sheet Metal and Air Conditioning
  714  Contractors National Association are encouraged to recommend a
  715  list of candidates for consideration.
  716         (i) One residential contractor licensed to do business in
  717  this state and actively engaged in the profession. The Florida
  718  Home Builders Association is encouraged to recommend a list of
  719  candidates for consideration.
  720         (j) Three members who are municipal or district codes
  721  enforcement officials, one of whom is also a fire official. The
  722  Building Officials Association of Florida and the Florida Fire
  723  Marshals and Inspectors Association are encouraged to recommend
  724  a list of candidates for consideration.
  725         (k) One member who represents the Department of Financial
  726  Services.
  727         (l) One member who is a county codes enforcement official.
  728  The Building Officials Association of Florida is encouraged to
  729  recommend a list of candidates for consideration.
  730         (m) One member of a Florida-based organization of persons
  731  with disabilities or a nationally chartered organization of
  732  persons with disabilities with chapters in this state.
  733         (n) One member of the manufactured buildings industry who
  734  is licensed to do business in this state and is actively engaged
  735  in the industry. The Florida Manufactured Housing Association is
  736  encouraged to recommend a list of candidates for consideration.
  737         (o) One mechanical or electrical engineer registered to
  738  practice in this state and actively engaged in the profession.
  739  The Florida Engineering Society is encouraged to recommend a
  740  list of candidates for consideration.
  741         (p) One member who is a representative of a municipality or
  742  a charter county. The Florida League of Cities and the Florida
  743  Association of Counties are encouraged to recommend a list of
  744  candidates for consideration.
  745         (q) One member of the building products manufacturing
  746  industry who is authorized to do business in this state and is
  747  actively engaged in the industry. The Florida Building Material
  748  Association, the Florida Concrete and Products Association, and
  749  the Fenestration Manufacturers Association are encouraged to
  750  recommend a list of candidates for consideration.
  751         (r) One member who is a representative of the building
  752  owners and managers industry who is actively engaged in
  753  commercial building ownership or management. The Building Owners
  754  and Managers Association is encouraged to recommend a list of
  755  candidates for consideration.
  756         (s) One member who is a representative of the insurance
  757  industry. The Florida Insurance Council is encouraged to
  758  recommend a list of candidates for consideration.
  759         (t) One member who is a representative of public education.
  760         (u) One member who is a swimming pool contractor licensed
  761  to do business in this state and actively engaged in the
  762  profession. The Florida Swimming Pool Association and the United
  763  Pool and Spa Association are encouraged to recommend a list of
  764  candidates for consideration.
  765         (v) One member who is a representative of the green
  766  building industry and who is a third-party commission agent, a
  767  Florida board member of the United States Green Building Council
  768  or Green Building Initiative, a professional who is accredited
  769  under the International Green Construction Code (IGCC), or a
  770  professional who is accredited under Leadership in Energy and
  771  Environmental Design (LEED).
  772         (w) One member who is a representative of a natural gas
  773  distribution system and who is actively engaged in the
  774  distribution of natural gas in this state. The Florida Natural
  775  Gas Association is encouraged to recommend a list of candidates
  776  for consideration.
  777         (x)(w) One member who shall be the chair.
  778  
  779         Any person serving on the commission under paragraph (c) or
  780  paragraph (h) on October 1, 2003, and who has served less than
  781  two full terms is eligible for reappointment to the commission
  782  regardless of whether he or she meets the new qualification.
  783         Section 11. Subsection (18) is added to section 553.79,
  784  Florida Statutes, to read:
  785         553.79 Permits; applications; issuance; inspections.—
  786         (18) For the purpose of inspection and record retention,
  787  site plans for a building may be maintained in the form of an
  788  electronic copy at the worksite. These plans must be open to
  789  inspection by the building official or a duly authorized
  790  representative, as required by the Florida Building Code.
  791         Section 12. Paragraph (a) of subsection (5) of section
  792  553.842, Florida Statutes, is amended to read:
  793         553.842 Product evaluation and approval.—
  794         (5) Statewide approval of products, methods, or systems of
  795  construction may be achieved by one of the following methods.
  796  One of these methods must be used by the commission to approve
  797  the following categories of products: panel walls, exterior
  798  doors, roofing, skylights, windows, shutters, impact protective
  799  systems, and structural components as established by the
  800  commission by rule. A product may not be advertised, sold,
  801  offered, provided, distributed, or marketed as hurricane,
  802  windstorm, or impact protection from wind-borne debris from a
  803  hurricane or windstorm unless it is approved pursuant to this
  804  section or s. 553.8425. Any person who advertises, sells,
  805  offers, provides, distributes, or markets a product as
  806  hurricane, windstorm, or impact protection from wind-borne
  807  debris without such approval is subject to the Florida Deceptive
  808  and Unfair Trade Practices Act under part II of chapter 501
  809  brought by the enforcing authority as defined in s. 501.203.
  810         (a) Products for which the code establishes standardized
  811  testing or comparative or rational analysis methods shall be
  812  approved by submittal and validation of one of the following
  813  reports or listings indicating that the product or method or
  814  system of construction was in compliance with the Florida
  815  Building Code and that the product or method or system of
  816  construction is, for the purpose intended, at least equivalent
  817  to that required by the Florida Building Code:
  818         1. A certification mark or listing of an approved
  819  certification agency, which may be used only for products for
  820  which the code designates standardized testing;
  821         2. A test report from an approved testing laboratory;
  822         3. A product evaluation report based upon testing or
  823  comparative or rational analysis, or a combination thereof, from
  824  an approved product evaluation entity; or
  825         4. A product evaluation report based upon testing or
  826  comparative or rational analysis, or a combination thereof,
  827  developed and signed and sealed by a professional engineer or
  828  architect, licensed in this state.
  829  
  830         A product evaluation report or a certification mark or
  831  listing of an approved certification agency which demonstrates
  832  that the product or method or system of construction complies
  833  with the Florida Building Code for the purpose intended is
  834  equivalent to a test report and test procedure referenced in the
  835  Florida Building Code. An application for state approval of a
  836  product under subparagraph 1. or 3. must be approved by the
  837  department after the commission staff or a designee verifies
  838  that the application and related documentation are complete.
  839  This verification must be completed within 10 business days
  840  after receipt of the application. Upon approval by the
  841  department, the product shall be immediately added to the list
  842  of state-approved products maintained under subsection (13).
  843  Approvals by the department shall be reviewed and ratified by
  844  the commission’s program oversight committee except for a
  845  showing of good cause that a review by the full commission is
  846  necessary. The commission shall adopt rules providing means to
  847  cure deficiencies identified within submittals for products
  848  approved under this paragraph.
  849         Section 13. Section 553.901, Florida Statutes, is amended
  850  to read:
  851         553.901 Purpose of thermal efficiency code.—The Department
  852  of Business and Professional Regulation shall prepare a thermal
  853  efficiency code to provide for a statewide uniform standard for
  854  energy efficiency in the thermal design and operation of all
  855  buildings statewide, consistent with energy conservation goals,
  856  and to best provide for public safety, health, and general
  857  welfare. The Florida Building Commission shall adopt the Florida
  858  Building Code-Energy Conservation Florida Energy Efficiency Code
  859  for Building Construction within the Florida Building Code, and
  860  shall modify, revise, update, and maintain the code to implement
  861  the provisions of this thermal efficiency code and amendments
  862  thereto, in accordance with the procedures of chapter 120. The
  863  department shall, at least triennially, determine the most cost
  864  effective energy-saving equipment and techniques available and
  865  report its determinations to the commission, which shall update
  866  the code to incorporate such equipment and techniques. The
  867  proposed changes shall be made available for public review and
  868  comment no later than 6 months before prior to code
  869  implementation. The term “cost-effective,” as used in for the
  870  purposes of this part, means shall be construed to mean cost
  871  effective to the consumer.
  872         Section 14. Section 553.902, Florida Statutes, is reordered
  873  and amended to read:
  874         553.902 Definitions.—As used in For the purposes of this
  875  part, the term:
  876         (2)(1) “Exempted building” means:
  877         (a) A Any building or portion thereof whose peak design
  878  rate of energy usage for all purposes is less than 1 watt (3.4
  879  Btu per hour) per square foot of floor area for all purposes.
  880         (b) A Any building that which is neither heated nor cooled
  881  by a mechanical system designed to control or modify the indoor
  882  temperature and powered by electricity or fossil fuels.
  883         (c) A Any building for which federal mandatory standards
  884  preempt state energy codes.
  885         (d) A Any historical building as described in s.
  886  267.021(3).
  887  
  888         The Florida Building Commission may recommend to the
  889  Legislature additional types of buildings which should be
  890  exempted from compliance with the Florida Building Code-Energy
  891  Conservation Florida Energy Efficiency Code for Building
  892  Construction.
  893         (4)(2) “HVAC” means a system of heating, ventilating, and
  894  air-conditioning.
  895         (6)(3) “Renovated building” means a residential or
  896  nonresidential building undergoing alteration that varies or
  897  changes insulation, HVAC systems, water heating systems, or
  898  exterior envelope conditions, if provided the estimated cost of
  899  renovation exceeds 30 percent of the assessed value of the
  900  structure.
  901         (5)(4) “Local enforcement agency” means the agency of local
  902  government which has the authority to make inspections of
  903  buildings and to enforce the Florida Building Code. The term It
  904  includes any agency within the definition of s. 553.71(5).
  905         (3)(5) “Exterior envelope physical characteristics” means
  906  the physical nature of those elements of a building which
  907  enclose conditioned spaces through which energy may be
  908  transferred to or from the exterior.
  909         (1)(6) “Energy performance level” means the indicator of
  910  the energy-related performance of a building, including, but not
  911  limited to, the levels of insulation, the amount and type of
  912  glass, and the HVAC and water heating system efficiencies.
  913         Section 15. Section 553.903, Florida Statutes, is amended
  914  to read:
  915         553.903 Applicability.—This part applies shall apply to all
  916  new and renovated buildings in the state, except exempted
  917  buildings, for which building permits are obtained after March
  918  15, 1979, and to the installation or replacement of building
  919  systems and components with new products for which thermal
  920  efficiency standards are set by the Florida Building Code-Energy
  921  Conservation Florida Energy Efficiency Code for Building
  922  Construction. The provisions of this part shall constitute a
  923  statewide uniform code.
  924         Section 16. Section 553.904, Florida Statutes, is amended
  925  to read:
  926         553.904 Thermal efficiency standards for new nonresidential
  927  buildings.—Thermal designs and operations for new nonresidential
  928  buildings for which building permits are obtained after March
  929  15, 1979, must shall at a minimum take into account exterior
  930  envelope physical characteristics, including thermal mass; HVAC,
  931  service water heating, energy distribution, lighting, energy
  932  managing, and auxiliary systems design and selection; and HVAC,
  933  service water heating, energy distribution, lighting, energy
  934  managing, and auxiliary equipment performance, and are shall not
  935  be required to meet standards more stringent than the provisions
  936  of the Florida Building Code-Energy Conservation Florida Energy
  937  Efficiency Code for Building Construction.
  938         Section 17. Section 553.905, Florida Statutes, is amended
  939  to read:
  940         553.905 Thermal efficiency standards for new residential
  941  buildings.—Thermal designs and operations for new residential
  942  buildings for which building permits are obtained after March
  943  15, 1979, must shall at a minimum take into account exterior
  944  envelope physical characteristics, HVAC system selection and
  945  configuration, HVAC equipment performance, and service water
  946  heating design and equipment selection and are shall not be
  947  required to meet standards more stringent than the provisions of
  948  the Florida Building Code-Energy Conservation Florida Energy
  949  Efficiency Code for Building Construction. HVAC equipment
  950  mounted in an attic or a garage is shall not be required to have
  951  supplemental insulation in addition to that installed by the
  952  manufacturer. All new residential buildings, except those herein
  953  exempted, must shall have insulation in ceilings rated at R-19
  954  or more, space permitting. Thermal efficiency standards do not
  955  apply to a building of less than 1,000 square feet which is not
  956  primarily used as a principal residence and which is constructed
  957  and owned by a natural person for hunting or similar
  958  recreational purposes; however, no such person may not build
  959  more than one exempt building in any 12-month period.
  960         Section 18. Section 553.906, Florida Statutes, is amended
  961  to read:
  962         553.906 Thermal efficiency standards for renovated
  963  buildings.—Thermal designs and operations for renovated
  964  buildings for which building permits are obtained after March
  965  15, 1979, must shall take into account insulation; windows;
  966  infiltration; and HVAC, service water heating, energy
  967  distribution, lighting, energy managing, and auxiliary systems
  968  design and equipment selection and performance. Such buildings
  969  are shall not be required to meet standards more stringent than
  970  the provisions of the Florida Building Code-Energy Conservation
  971  Florida Energy Efficiency Code for Building Construction. These
  972  standards apply only to those portions of the structure which
  973  are actually renovated.
  974         Section 19. Section 553.912, Florida Statutes, is amended
  975  to read:
  976         553.912 Air conditioners.—All air conditioners that are
  977  sold or installed in the state must shall meet the minimum
  978  efficiency ratings of the Florida Building Code-Energy
  979  Conservation Energy Efficiency Code for Building Construction.
  980  These efficiency ratings must shall be minimums and may be
  981  updated in the Florida Building Code-Energy Conservation Florida
  982  Energy Efficiency Code for Building Construction by the
  983  department in accordance with s. 553.901, following its
  984  determination that more cost-effective energy-saving equipment
  985  and techniques are available. It is the intent of the
  986  Legislature that all replacement air-conditioning systems be
  987  installed using energy-saving, quality installation procedures
  988  in residential, including, but not limited to, equipment sizing
  989  analysis and duct inspection. Notwithstanding this section,
  990  existing heating and cooling equipment in residential
  991  applications need not meet the minimum equipment efficiencies,
  992  including system sizing and duct sealing, except to preserve the
  993  original approval or listing of the equipment.
  994         Section 20. Section 553.991, Florida Statutes, is amended
  995  to read:
  996         553.991 Purpose.—The purpose of this part is to identify
  997  systems provide for a statewide uniform system for rating the
  998  energy efficiency of buildings. It is in the interest of the
  999  state to encourage the consideration of the energy-efficiency
 1000  rating systems system in the market so as to provide market
 1001  rewards for energy-efficient buildings and to those persons or
 1002  companies designing, building, or selling energy-efficient
 1003  buildings.
 1004         Section 21. Section 553.992, Florida Statutes, is repealed.
 1005         Section 22. Section 553.993, Florida Statutes, is amended
 1006  to read:
 1007         553.993 Definitions.—For purposes of this part:
 1008         (1) “Acquisition” means to gain the sole or partial use of
 1009  a building through a purchase agreement.
 1010         (2) “Builder” means the primary contractor who possesses
 1011  the requisite skill, knowledge, and experience, and has the
 1012  responsibility, to supervise, direct, manage, and control the
 1013  contracting activities of the business organization with which
 1014  she or he is connected and who has the responsibility to
 1015  supervise, direct, manage, and control the construction work on
 1016  a job for which she or he has obtained the building permit.
 1017  Construction work includes, but is not limited to, foundation,
 1018  framing, wiring, plumbing, and finishing work.
 1019         (3) “Building energy-efficiency rating system” means a
 1020  whole building energy evaluation system established by the
 1021  Residential Energy Services Network, the Commercial Energy
 1022  Services Network, the Building Performance Institute, or the
 1023  Florida Solar Energy Center.
 1024         (4)(3) “Designer” means the architect, engineer, landscape
 1025  architect, builder, interior designer, or other person who
 1026  performs the actual design work or under whose direct
 1027  supervision and responsible charge the construction documents
 1028  are prepared.
 1029         (5) “Energy auditor” means a trained and certified
 1030  professional who conducts energy evaluations of an existing
 1031  building and uses tools to identify the building’s current
 1032  energy usage and the condition of the building and equipment.
 1033         (6) “Energy-efficiency rating” means an unbiased indication
 1034  of a building’s relative energy efficiency based on consistent
 1035  inspection procedures, operating assumptions, climate data, and
 1036  calculation methods.
 1037         (7) “Energy rater” means an individual certified by a
 1038  building energy-efficiency rating system to perform building
 1039  energy-efficiency ratings for the building type and in the
 1040  rating class for which the rater is certified.
 1041         (8)(4) “New building” means commercial occupancy buildings
 1042  permitted for construction after January 1, 1995, and
 1043  residential occupancy buildings permitted for construction after
 1044  January 1, 1994.
 1045         (9)(5) “Public building” means a building comfort
 1046  conditioned for occupancy that is owned or leased by the state,
 1047  a state agency, or a governmental subdivision, including, but
 1048  not limited to, a city, county, or school district.
 1049         Section 23. Section 553.994, Florida Statutes, is amended
 1050  to read:
 1051         553.994 Applicability.—Building energy-efficiency The
 1052  rating systems system shall apply to all public, commercial, and
 1053  residential buildings in the state.
 1054         Section 24. Section 553.995, Florida Statutes, is amended
 1055  to read:
 1056         553.995 Energy-efficiency ratings for buildings.—
 1057         (1) Building The energy-efficiency rating systems must,
 1058  system shall at a minimum:
 1059         (a) Provide a uniform rating scale of the efficiency of
 1060  buildings based on annual energy usage.
 1061         (a)(b) Take into account local climate conditions,
 1062  construction practices, and building use.
 1063         (b)(c) Be compatible with standard federal rating systems
 1064  and state building codes and standards, where applicable, and
 1065  shall satisfy the requirements of s. 553.9085 with respect to
 1066  residential buildings and s. 255.256 with respect to state
 1067  buildings.
 1068         (c)(2)The energy-efficiency rating system adopted by the
 1069  department shall Provide a means of analyzing and comparing the
 1070  relative energy efficiency of buildings upon the sale of new or
 1071  existing residential, public, or commercial buildings.
 1072         (3) The department shall establish a voluntary working
 1073  group of persons interested in the energy-efficiency rating
 1074  system or energy efficiency, including, but not limited to, such
 1075  persons as electrical engineers, mechanical engineers,
 1076  architects, public utilities, and builders. The interest group
 1077  shall advise the department in the development of the energy
 1078  efficiency rating system and shall assist the department in the
 1079  implementation of the rating system by coordinating educational
 1080  programs for designers, builders, businesses, and other
 1081  interested persons to assist compliance and to facilitate
 1082  incorporation of the rating system into existing practices.
 1083         (2)(a)(4)The department shall develop a training and
 1084  certification program to certify raters. In addition to the
 1085  department, Ratings may be conducted by a any local government
 1086  or private entity if, provided that the appropriate persons have
 1087  completed the necessary training established by the applicable
 1088  building energy-efficiency rating system and have been certified
 1089  by the department.
 1090         (b) The Department of Management Services shall rate state
 1091  owned or state-leased buildings if, provided that the
 1092  appropriate persons have completed the necessary training
 1093  established by the applicable building energy-efficiency rating
 1094  system and have been certified by the Department of Business and
 1095  Professional Regulation.
 1096         (c) A state agency that which has building construction
 1097  regulation authority may rate its own buildings and those it is
 1098  responsible for, if the appropriate persons have completed the
 1099  necessary training established by the applicable building
 1100  energy-efficiency rating system and have been certified by the
 1101  Department of Business and Professional Regulation. The
 1102  Department of Business and Professional Regulation may charge a
 1103  fee not to exceed the costs for the training and certification
 1104  of raters. The department shall by rule set the appropriate
 1105  charges for raters to charge for energy ratings, not to exceed
 1106  the actual costs.
 1107         Section 25. Section 553.996, Florida Statutes, is amended
 1108  to read:
 1109         553.996 Energy-efficiency information provided by building
 1110  energy-efficiency rating systems providers brochure.—A
 1111  prospective purchaser of real property with a building for
 1112  occupancy located thereon shall be provided with a copy of an
 1113  information brochure, at the time of or before prior to the
 1114  purchaser’s execution of the contract for sale and purchase
 1115  which notifies, notifying the purchaser of the option for an
 1116  energy-efficiency rating on the building. Building energy
 1117  efficiency rating system providers identified in this part shall
 1118  prepare such information and make it available for distribution
 1119  Such brochure shall be prepared, made available for
 1120  distribution, and provided at no cost by the department. Such
 1121  brochure shall contain information relevant to that class of
 1122  building must include, including, but need not be limited to:
 1123         (1) How to analyze the building’s energy-efficiency rating.
 1124         (2) Comparisons to statewide averages for new and existing
 1125  construction of that class.
 1126         (3) Information concerning methods to improve the
 1127  building’s energy-efficiency rating.
 1128         (4) A notice to residential purchasers that the energy
 1129  efficiency rating may qualify the purchaser for an energy
 1130  efficient mortgage from lending institutions.
 1131         Section 26. Subsection (2) of section 553.997, Florida
 1132  Statutes, is amended to read:
 1133         553.997 Public buildings.—
 1134         (2) The department, together with other State agencies
 1135  having building construction and maintenance responsibilities,
 1136  shall make available energy-efficiency practices information to
 1137  be used by individuals involved in the design, construction,
 1138  retrofitting, and maintenance of buildings for state and local
 1139  governments.
 1140         Section 27. Section 553.998, Florida Statutes, is amended
 1141  to read:
 1142         553.998 Compliance.—All ratings must shall be determined
 1143  using tools and procedures developed by the systems recognized
 1144  under this part adopted by the department by rule in accordance
 1145  with chapter 120 and must shall be certified by the rater as
 1146  accurate and correct and in compliance with procedures of the
 1147  system under which the rater is certified adopted by the
 1148  department by rule in accordance with chapter 120.
 1149         Section 28. Concrete Masonry Products Research, Education,
 1150  and Promotion Act.—
 1151         (1) SHORT TITLE.—This section may be cited as the “Concrete
 1152  Masonry Products Research, Education, and Promotion Act.”
 1153         (2) FLORIDA CONCRETE MASONRY COUNCIL, INC.; CREATION;
 1154  PURPOSES.—
 1155         (a) There is created the Florida Concrete Masonry Council,
 1156  Inc., a nonprofit corporation organized under the laws of this
 1157  state and operating as a direct-support organization of the
 1158  Florida Building Commission.
 1159         (b) The council shall:
 1160         1. Develop, implement, and monitor a system for the
 1161  definition of masonry products and for the collection of self
 1162  imposed voluntary assessments.
 1163         2. Plan, implement, and conduct programs of education,
 1164  promotion, research, and consumer information and industry
 1165  information which are designed to strengthen the market position
 1166  of the concrete masonry industry in this state and in the
 1167  nation, to maintain and expand domestic and foreign markets, and
 1168  to expand the uses for concrete masonry products.
 1169         3. Use the means authorized by this subsection for the
 1170  purpose of funding research, education, promotion, and consumer
 1171  and industry information of concrete masonry products in this
 1172  state and in the nation.
 1173         4. Coordinate research, education, promotion, industry, and
 1174  consumer information programs with national programs or programs
 1175  of other states.
 1176         5. Develop new uses and markets for concrete masonry
 1177  products.
 1178         6. Develop and improve educational access to individuals
 1179  seeking employment in the field of concrete masonry.
 1180         7. Develop methods of improving the quality of concrete
 1181  masonry products for the purpose of windstorm protection.
 1182         8. Develop methods of improving the energy efficiency
 1183  attributes of concrete masonry products.
 1184         9. Inform and educate the public concerning the
 1185  sustainability and economic benefits of concrete masonry
 1186  products.
 1187         10. Do all other acts necessary or expedient for the
 1188  administration of the affairs and attainment of the purposes of
 1189  the council.
 1190         (c) The council may:
 1191         1. Conduct or contract for scientific research with any
 1192  accredited university, college, or similar institution and enter
 1193  into other contracts or agreements that will aid in carrying out
 1194  the purposes of this section, including contracts for the
 1195  purchase or acquisition of facilities or equipment necessary to
 1196  carry out the purposes of this section.
 1197         2. Disseminate reliable information benefiting the consumer
 1198  and the concrete masonry industry.
 1199         3. Provide to governmental bodies, on request, information
 1200  relating to subjects of concern to the concrete masonry industry
 1201  and act jointly or in cooperation with the state or Federal
 1202  Government, and agencies thereof, in the development or
 1203  administration of programs that the council considers to be
 1204  consistent with the objectives of this section.
 1205         4. Sue and be sued as a council without individual
 1206  liability of the members for acts of the council when acting
 1207  within the scope of the powers of this section and in the manner
 1208  prescribed by the laws of this state.
 1209         5. Maintain a financial reserve for emergency use, the
 1210  total of which must not exceed 50 percent of the council’s
 1211  anticipated annual income.
 1212         6. Employ subordinate officers and employees of the
 1213  council, prescribe their duties, and fix their compensation and
 1214  terms of employment.
 1215         7. Cooperate with any local, state, regional, or nationwide
 1216  organization or agency engaged in work or activities consistent
 1217  with the objectives of the program.
 1218         8. Do all other things necessary to further the intent of
 1219  this section which are not prohibited by law.
 1220         (d)The council and concrete masonry manufacturers may meet
 1221  and coordinate the collection of self-imposed voluntary
 1222  assessments for each concrete masonry unit that is produced and
 1223  sold by manufacturers in the state.
 1224         (e)1. The council may not participate or intervene in any
 1225  political campaign on behalf of or in opposition to any
 1226  candidate for public office or any state or local ballot
 1227  initiative. This restriction includes, but is not limited to, a
 1228  prohibition against publishing or distributing any statement.
 1229         2. The net receipts of the council may not in any part
 1230  inure to the benefit of or be distributable to its directors,
 1231  its officers, or other private persons, except that the council
 1232  may pay reasonable compensation for services rendered by staff
 1233  employees and may make payments and distributions in furtherance
 1234  of the purposes of this section.
 1235         3. Notwithstanding any other provision of law, the council
 1236  may not carry on any other activity not permitted to be carried
 1237  on by a corporation:
 1238         a. That is exempt from federal income tax under s.
 1239  501(c)(3) of the Internal Revenue Code; or
 1240         b. To which charitable contributions are deductible under
 1241  s. 170(c)(2) of the Internal Revenue Code.
 1242         (3) GOVERNING BOARD.—
 1243         (a) The Florida Concrete Masonry Council, Inc., shall be
 1244  governed by a board of directors composed of 15 members as
 1245  follows:
 1246         1. Nine members representing concrete masonry
 1247  manufacturers. Of these board members, at least five must be a
 1248  representative of a manufacturer that is a member of the Masonry
 1249  Association of Florida. These members must be representatives of
 1250  concrete masonry manufacturers of various sizes. A manufacturer
 1251  may not be represented by more than one member of the board.
 1252         2. One member representing the Florida Building Commission.
 1253         3. One member representing the Florida Home Builders
 1254  Association.
 1255         4. One member having expertise in apprenticeship or
 1256  vocational training.
 1257         5. Two members who are masonry contractors and who are
 1258  members of the Masonry Association of Florida.
 1259         6. One member who is not a masonry contractor or
 1260  manufacturer or an employee of a masonry contractor or
 1261  manufacturer, but who is otherwise a stakeholder in the masonry
 1262  industry.
 1263         (b) The initial board of directors shall be appointed by
 1264  the chair of the commission based on recommendations from the
 1265  Masonry Association of Florida. Five of the initial board
 1266  members shall be appointed to a 1-year term. Five shall be
 1267  appointed for a 2-year term. The remaining board members shall
 1268  be appointed for a 3-year term. Thereafter, each member shall be
 1269  appointed to serve a 3-year term and may be reappointed to serve
 1270  an additional consecutive term. After the initial appointments
 1271  are made, each subsequent vacancy shall be filled in accordance
 1272  with the bylaws of the council. A member may not serve more than
 1273  two consecutive terms. A member representing a manufacturer or a
 1274  contractor must be employed by a manufacturer or contractor
 1275  engaging in the trade of manufacture of concrete masonry
 1276  products for at least 5 years immediately preceding the first
 1277  day of his or her service on the board. All members of the board
 1278  shall serve without compensation. However, the board members are
 1279  entitled to reimbursement for per diem and travel expenses
 1280  incurred in carrying out the intents and purposes of this
 1281  section in accordance with s. 112.061, Florida Statutes.
 1282         (c) The council shall elect from its members a chair, vice
 1283  chair, and a secretary-treasurer to a 2-year term each. The
 1284  chair of the board must be a concrete masonry manufacturer.
 1285         (d) The initial board of directors shall adopt bylaws to
 1286  govern initial terms of directors, governance of board members
 1287  and meetings, term limits, and procedures for filling vacancies.
 1288         (4) ACCEPTANCE OF GRANTS AND GIFTS.—The council may accept
 1289  grants, donations, contributions, or gifts from any source if
 1290  the use of such resources is not restricted in any manner that
 1291  the council considers to be inconsistent with the objectives of
 1292  this section.
 1293         (5) PAYMENTS TO ORGANIZATIONS.—
 1294         (a) The council may make payments to other organizations
 1295  for work or services performed which are consistent with the
 1296  objectives of the program.
 1297         (b) Before making payments described in this subsection,
 1298  the council must secure a written agreement that the
 1299  organization receiving payment will furnish at least annually,
 1300  or more frequently on request of the council, written or printed
 1301  reports of program activities and reports of financial data that
 1302  are relative to the council’s funding of such activities.
 1303         (c) The council may require adequate proof of security
 1304  bonding on the payments to any individual, business, or other
 1305  organization.
 1306         (6) COLLECTION OF MONEYS AT TIME OF SALE.—
 1307         (a) If a self-imposed voluntary assessment is paid by a
 1308  manufacturer, each manufacturer shall list on its invoice to the
 1309  purchaser, at the time of sale by the manufacturer, such
 1310  assessment. The amount of the assessment must be separately
 1311  stated on all receipts, invoices, or other evidence of sale as
 1312  the “Florida Building Sustainability Assessment.”
 1313         (b) Each manufacturer that elects to self-impose a
 1314  voluntary assessment shall commit to the assessment for a period
 1315  of not less than 1 year and shall annually be authorized to
 1316  renew or end the self-imposed voluntary assessment.
 1317         (c) The manufacturer shall collect all such moneys and
 1318  forward them quarterly to the council.
 1319         (d) The council shall maintain within its financial records
 1320  a separate accounting of all moneys received under this
 1321  subsection. The council shall provide for an annual financial
 1322  audit of its accounts and records to be conducted by an
 1323  independent certified public accountant licensed under chapter
 1324  473.
 1325         (7) BYLAWS.—The council shall, by September 30, 2013, adopt
 1326  bylaws to carry out the intents and purposes of this section.
 1327  These bylaws may be amended upon 30 days’ notice to board
 1328  members at any regular or special meeting called for this
 1329  purpose. The bylaws must conform to the requirements of this
 1330  section but may also address any matter not in conflict with the
 1331  general laws of this state.
 1332  
 1333  
 1334  ================= T I T L E  A M E N D M E N T ================
 1335         And the title is amended as follows:
 1336         Delete line 2
 1337  and insert:
 1338         An act relating to building construction; amending s.
 1339  162.12, F.S.; revising notice requirements in the Local
 1340  Government Code Enforcement Boards Act; amending s. 381.0065,
 1341  F.S.; specifying that certain actions relating to onsite sewage
 1342  treatment and removal are not required if a bedroom is not added
 1343  during a remodeling addition or modification to a single-family
 1344  home; prohibiting a remodeling addition or modification from
 1345  certain coverage or encroachment; authorizing a local health
 1346  board to review specific plans; requiring a review to be
 1347  completed within a specific time period after receipt of
 1348  specific plans; amending s. 489.105, F.S.; revising a
 1349  definition; providing that amendments to s. 489.113(2), F.S.,
 1350  enacted in s. 11, ch. 2012-13, Laws of Florida, are remedial and
 1351  intended to clarify existing law; providing for retroactivity;
 1352  amending s. 489.127, F.S.; revising civil penalties; authorizing
 1353  a local building department to retain 75 percent of certain
 1354  fines collected if it transmits 25 percent to the Department of
 1355  Business and Professional Regulation; amending s. 489.131, F.S.;
 1356  deleting legislative intent referring to a local agency’s
 1357  enforcement of regulatory laws; deleting the definitions of
 1358  “minor violation” and “notice of noncompliance”; deleting
 1359  provisions that provide for what a notice of noncompliance
 1360  should or should not include; deleting a provision that provides
 1361  for further disciplinary proceedings for certain licensees;
 1362  amending s. 489.514, F.S.; extending the date by which an
 1363  applicant must make application for a license to be
 1364  grandfathered; amending s. 489.531, F.S.; revising a maximum
 1365  civil penalty; amending s. 553.73, F.S.; prohibiting any
 1366  provision of the International Residential Code relating to
 1367  mandated fire sprinklers from incorporation into the Florida
 1368  Building Code; amending s. 553.74, F.S.; revising membership of
 1369  the Florida Building Commission; amending s. 553.79, F.S.;
 1370  authorizing a site plan to be maintained at the worksite as an
 1371  electronic copy; requiring the copy to be open to inspection by
 1372  certain officials; amending s. 553.842, F.S.; requiring an
 1373  application for state approval of a certain product to be
 1374  approved by the department after the application and related
 1375  documentation are complete; amending ss. 553.901, 553.902,
 1376  553.903, 553.904, 553.905, and 553.906, F.S.; requiring the
 1377  Florida Building Commission to adopt the Florida Building Code
 1378  Energy Conservation; conforming subsequent sections of the
 1379  thermal efficiency code; amending s. 553.912, F.S.; providing
 1380  that certain existing heating and cooling equipment is not
 1381  required to meet the minimum equipment efficiencies; amending s.
 1382  553.991, F.S.; revising the purpose of the Florida Building
 1383  Energy-Efficiency Rating Act; repealing s. 553.992, F.S.,
 1384  relating to the adoption of a rating system; amending s.
 1385  553.993, F.S.; providing definitions; amending s. 553.994, F.S.;
 1386  providing for the applicability of building energy-efficiency
 1387  rating systems; amending s. 553.995, F.S.; deleting a minimum
 1388  requirement for the building energy-efficiency rating systems;
 1389  revising language; deleting provisions relating to a certain
 1390  interest group; deleting provisions relating to the Department
 1391  of Business and Professional Regulation; amending s. 553.996,
 1392  F.S.; requiring building energy-efficiency rating system
 1393  providers to provide certain information; amending s. 553.997,
 1394  F.S.; deleting a provision relating to the department; amending
 1395  s. 553.998, F.S.; revising provisions relating to rating
 1396  compliance; providing a short title; creating the Florida
 1397  Concrete Masonry Council, Inc.; authorizing the council to levy
 1398  an assessment on the sale of concrete masonry units under
 1399  certain circumstances; providing the powers and duties of the
 1400  council and restrictions upon actions of the council; providing
 1401  for appointment of the governing board of the council;
 1402  authorizing the council to submit a referendum to manufacturers
 1403  of concrete masonry units for authorization to levy an
 1404  assessment on the sale of concrete masonry units; providing
 1405  procedure for holding the referendum; authorizing the council to
 1406  accept grants, donations, contributions, and gifts under certain
 1407  circumstances; authorizing the council to make payments to other
 1408  organizations under certain circumstances; providing
 1409  requirements for the manufacturer’s collection of assessments;
 1410  requiring the council to adopt bylaws;
 1411