Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 1232
       
       
       
       
       
       
                                Ì589274HÎ589274                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2015           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Health Policy (Grimsley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (2), (3), and (7) of section
    6  468.609, Florida Statutes, are amended to read:
    7         468.609 Administration of this part; standards for
    8  certification; additional categories of certification.—
    9         (2) A person may take the examination for certification as
   10  a building code inspector or plans examiner pursuant to this
   11  part if the person:
   12         (a) Is at least 18 years of age.
   13         (b) Is of good moral character.
   14         (c) Meets eligibility requirements according to one of the
   15  following criteria:
   16         1. Demonstrates 5 years’ combined experience in the field
   17  of construction or a related field, building code inspection, or
   18  plans review corresponding to the certification category sought;
   19         2. Demonstrates a combination of postsecondary education in
   20  the field of construction or a related field and experience
   21  which totals 4 years, with at least 1 year of such total being
   22  experience in construction, building code inspection, or plans
   23  review;
   24         3. Demonstrates a combination of technical education in the
   25  field of construction or a related field and experience which
   26  totals 4 years, with at least 1 year of such total being
   27  experience in construction, building code inspection, or plans
   28  review;
   29         4. Currently holds a standard certificate as issued by the
   30  board, or a firesafety fire safety inspector license issued
   31  pursuant to chapter 633, has a minimum of 3 5 years’ verifiable
   32  full-time experience in inspection or plan review, and
   33  satisfactorily completes a building code inspector or plans
   34  examiner training program that provides at least 100 hours but
   35  not more of not less than 200 hours of cross-training in the
   36  certification category sought. The board shall establish by rule
   37  criteria for the development and implementation of the training
   38  programs. The board shall accept all classroom training offered
   39  by an approved provider if the content substantially meets the
   40  intent of the classroom component of the training program; or
   41         5. Demonstrates a combination of the completion of an
   42  approved training program in the field of building code
   43  inspection or plan review and a minimum of 2 years’ experience
   44  in the field of building code inspection, plan review, fire code
   45  inspections, and fire plans review of new buildings as a
   46  firesafety inspector certified under s. 633.216, or
   47  construction. The approved training portion of this requirement
   48  shall include proof of satisfactory completion of a training
   49  program that provides at least 200 hours but not more of not
   50  less than 300 hours of cross-training which is approved by the
   51  board in the chosen category of building code inspection or plan
   52  review in the certification category sought with at least not
   53  less than 20 hours but not more than 30 hours of instruction in
   54  state laws, rules, and ethics relating to professional standards
   55  of practice, duties, and responsibilities of a
   56  certificateholder. The board shall coordinate with the Building
   57  Officials Association of Florida, Inc., to establish by rule the
   58  development and implementation of the training program. However,
   59  the board shall accept all classroom training offered by an
   60  approved provider if the content substantially meets the intent
   61  of the classroom component of the training program; or
   62         6. Currently holds a standard certificate issued by the
   63  board or a firesafety inspector license issued pursuant to
   64  chapter 633 and:
   65         a. Has at least 5 years of verifiable full-time experience
   66  as an inspector or plans examiner in a standard certification
   67  category currently held or has a minimum of 5 years’ verifiable
   68  full-time experience as a firesafety inspector licensed pursuant
   69  to chapter 633; and
   70         b. Satisfactorily completes a building code inspector or
   71  plans examiner classroom training course or program that
   72  provides at least 40 but not more than 300 hours in the
   73  certification category sought, except for one-family and two
   74  family dwelling training programs which are required to provide
   75  at least 500 but not more than 800 hours of training as
   76  prescribed by the board. The board shall establish by rule
   77  criteria for the development and implementation of classroom
   78  training courses and programs in each certification category.
   79         (3) A person may take the examination for certification as
   80  a building code administrator pursuant to this part if the
   81  person:
   82         (a) Is at least 18 years of age.
   83         (b) Is of good moral character.
   84         (c) Meets eligibility requirements according to one of the
   85  following criteria:
   86         1. Demonstrates 7 10 years’ combined experience as an
   87  architect, engineer, plans examiner, building code inspector,
   88  firesafety inspector certified under s. 633.216, registered or
   89  certified contractor, or construction superintendent, with at
   90  least 3 5 years of such experience in supervisory positions; or
   91         2. Demonstrates a combination of postsecondary education in
   92  the field of construction or related field, no more than 5 years
   93  of which may be applied, and experience as an architect,
   94  engineer, plans examiner, building code inspector, firesafety
   95  inspector certified under s. 633.216, registered or certified
   96  contractor, or construction superintendent which totals 7 10
   97  years, with at least 3 5 years of such total being experience in
   98  supervisory positions. In addition, the applicant must have
   99  completed training consisting of at least 20 hours but not more
  100  than 30 hours of instruction in state laws, rules, and ethics
  101  relating to professional standards of practice, duties, and
  102  responsibilities of a certificateholder.
  103         (7)(a) The board shall may provide for the issuance of
  104  provisional certificates valid for 1 year, as specified by board
  105  rule, to any newly employed or promoted building code inspector
  106  or plans examiner who meets the eligibility requirements
  107  described in subsection (2) and any newly employed or promoted
  108  building code administrator who meets the eligibility
  109  requirements described in subsection (3). The provisional
  110  license may be renewed by the board for just cause; however, a
  111  provisional license is not valid for a period longer than 3
  112  years.
  113         (b) No building code administrator, plans examiner, or
  114  building code inspector may have a provisional certificate
  115  extended beyond the specified period by renewal or otherwise.
  116         (c) The board shall may provide for appropriate levels of
  117  provisional certificates and may issue these certificates with
  118  such special conditions or requirements relating to the place of
  119  employment of the person holding the certificate, the
  120  supervision of such person on a consulting or advisory basis, or
  121  other matters as the board may deem necessary to protect the
  122  public safety and health.
  123         (d) A newly employed or hired person may perform the duties
  124  of a plans examiner or building code inspector for 120 days if a
  125  provisional certificate application has been submitted if such
  126  person is under the direct supervision of a certified building
  127  code administrator who holds a standard certification and who
  128  has found such person qualified for a provisional certificate.
  129  Direct supervision and the determination of qualifications may
  130  also be provided by a building code administrator who holds a
  131  limited or provisional certificate in a county having a
  132  population of fewer than 75,000 and in a municipality located
  133  within such county.
  134         Section 2. Paragraph (m) of subsection (3) of section
  135  489.105, Florida Statutes, is amended to read:
  136         489.105 Definitions.—As used in this part:
  137         (3) “Contractor” means the person who is qualified for, and
  138  is only responsible for, the project contracted for and means,
  139  except as exempted in this part, the person who, for
  140  compensation, undertakes to, submits a bid to, or does himself
  141  or herself or by others construct, repair, alter, remodel, add
  142  to, demolish, subtract from, or improve any building or
  143  structure, including related improvements to real estate, for
  144  others or for resale to others; and whose job scope is
  145  substantially similar to the job scope described in one of the
  146  paragraphs of this subsection. For the purposes of regulation
  147  under this part, the term “demolish” applies only to demolition
  148  of steel tanks more than 50 feet in height; towers more than 50
  149  feet in height; other structures more than 50 feet in height;
  150  and all buildings or residences. Contractors are subdivided into
  151  two divisions, Division I, consisting of those contractors
  152  defined in paragraphs (a)-(c), and Division II, consisting of
  153  those contractors defined in paragraphs (d)-(q):
  154         (m) “Plumbing contractor” means a contractor whose services
  155  are unlimited in the plumbing trade and includes contracting
  156  business consisting of the execution of contracts requiring the
  157  experience, financial means, knowledge, and skill to install,
  158  maintain, repair, alter, extend, or, if not prohibited by law,
  159  design plumbing. A plumbing contractor may install, maintain,
  160  repair, alter, extend, or, if not prohibited by law, design the
  161  following without obtaining an additional local regulatory
  162  license, certificate, or registration: sanitary drainage or
  163  storm drainage facilities, water and sewer plants and
  164  substations, venting systems, public or private water supply
  165  systems, septic tanks, drainage and supply wells, swimming pool
  166  piping, irrigation systems, and solar heating water systems and
  167  all appurtenances, apparatus, or equipment used in connection
  168  therewith, including boilers and pressure process piping and
  169  including the installation of water, natural gas, liquefied
  170  petroleum gas and related venting, and storm and sanitary sewer
  171  lines. The scope of work of the plumbing contractor also
  172  includes the design, if not prohibited by law, and installation,
  173  maintenance, repair, alteration, or extension of air-piping,
  174  vacuum line piping, oxygen line piping, nitrous oxide piping,
  175  and all related medical gas systems; fire line standpipes and
  176  fire sprinklers if authorized by law; ink and chemical lines;
  177  fuel oil and gasoline piping and tank and pump installation,
  178  except bulk storage plants; and pneumatic control piping
  179  systems, all in a manner that complies with all plans,
  180  specifications, codes, laws, and regulations applicable. The
  181  scope of work of the plumbing contractor applies to private
  182  property and public property, including any excavation work
  183  incidental thereto, and includes the work of the specialty
  184  plumbing contractor. Such contractor shall subcontract, with a
  185  qualified contractor in the field concerned, all other work
  186  incidental to the work but which is specified as being the work
  187  of a trade other than that of a plumbing contractor. This
  188  definition does not limit the scope of work of any specialty
  189  contractor certified pursuant to s. 489.113(6), and does not
  190  require certification or registration under this part for a
  191  category I liquefied petroleum gas dealer, LP gas installer, or
  192  specialty installer who is licensed under chapter 527 or an of
  193  any authorized employee of a public natural gas utility or of a
  194  private natural gas utility regulated by the Public Service
  195  Commission when disconnecting and reconnecting water lines in
  196  the servicing or replacement of an existing water heater. A
  197  plumbing contractor may perform drain cleaning and clearing and
  198  install or repair rainwater catchment systems; however, a
  199  mandatory licensing requirement is not established for the
  200  performance of these specific services.
  201         Section 3. Subsections (2) and (3) of section 489.1401,
  202  Florida Statutes, are amended to read:
  203         489.1401 Legislative intent.—
  204         (2) It is the intent of the Legislature that the sole
  205  purpose of the Florida Homeowners’ Construction Recovery Fund is
  206  to compensate an any aggrieved claimant who contracted for the
  207  construction or improvement of the homeowner’s residence located
  208  within this state and who has obtained a final judgment in a any
  209  court of competent jurisdiction, was awarded restitution by the
  210  Construction Industry Licensing Board, or received an award in
  211  arbitration against a licensee on grounds of financial
  212  mismanagement or misconduct, abandoning a construction project,
  213  or making a false statement with respect to a project. Such
  214  grievance must arise and arising directly out of a any
  215  transaction conducted when the judgment debtor was licensed and
  216  must involve an act performed any of the activities enumerated
  217  under s. 489.129(1)(g), (j) or (k) on the homeowner’s residence.
  218         (3) It is the intent of the Legislature that Division I and
  219  Division II contractors set apart funds for the specific
  220  objective of participating in the fund.
  221         Section 4. Paragraphs (d), (i), (k), and (l) of subsection
  222  (1) of section 489.1402, Florida Statutes, are amended to read:
  223         489.1402 Homeowners’ Construction Recovery Fund;
  224  definitions.—
  225         (1) The following definitions apply to ss. 489.140-489.144:
  226         (d) “Contractor” means a Division I or Division II
  227  contractor performing his or her respective services described
  228  in s. 489.105(3)(a)-(q) 489.105(3)(a)-(c).
  229         (i) “Residence” means a single-family residence, an
  230  individual residential condominium or cooperative unit, or a
  231  residential building containing not more than two residential
  232  units in which the owner contracting for the improvement is
  233  residing or will reside 6 months or more each calendar year upon
  234  completion of the improvement.
  235         (k) “Same transaction” means a contract, or a any series of
  236  contracts, between a claimant and a contractor or qualified
  237  business, when such contract or contracts involve the same
  238  property or contiguous properties and are entered into either at
  239  one time or serially.
  240         (l) “Valid and current license,” for the purpose of s.
  241  489.141(2)(d), means a any license issued pursuant to this part
  242  to a licensee, including a license in an active, inactive,
  243  delinquent, or suspended status.
  244         Section 5. Subsections (1) and (2) of section 489.141,
  245  Florida Statutes, are amended to read:
  246         489.141 Conditions for recovery; eligibility.—
  247         (1) A Any claimant is eligible to seek recovery from the
  248  recovery fund after making having made a claim and exhausting
  249  the limits of any available bond, cash bond, surety, guarantee,
  250  warranty, letter of credit, or policy of insurance if, provided
  251  that each of the following conditions is satisfied:
  252         (a) The claimant has received a final judgment in a court
  253  of competent jurisdiction in this state or has received an award
  254  in arbitration or the Construction Industry Licensing Board has
  255  issued a final order directing the licensee to pay restitution
  256  to the claimant. The board may waive this requirement if:
  257         1. The claimant is unable to secure a final judgment
  258  against the licensee due to the death of the licensee; or
  259         2. The claimant has sought to have assets involving the
  260  transaction that gave rise to the claim removed from the
  261  bankruptcy proceedings so that the matter might be heard in a
  262  court of competent jurisdiction in this state and, after due
  263  diligence, the claimant is precluded by action of the bankruptcy
  264  court from securing a final judgment against the licensee.
  265         (b) The judgment, award, or restitution is based upon a
  266  violation of s. 489.129(1)(g), (j), or (k) or s. 713.35.
  267         (c) The violation was committed by a licensee.
  268         (d) The judgment, award, or restitution order specifies the
  269  actual damages suffered as a consequence of such violation.
  270         (e) The contract was executed and the violation occurred on
  271  or after July 1, 1993, and provided that:
  272         1. The claimant has caused to be issued a writ of execution
  273  upon such judgment, and the officer executing the writ has made
  274  a return showing that no personal or real property of the
  275  judgment debtor or licensee liable to be levied upon in
  276  satisfaction of the judgment can be found or that the amount
  277  realized on the sale of the judgment debtor’s or licensee’s
  278  property pursuant to such execution was insufficient to satisfy
  279  the judgment;
  280         2. If the claimant is unable to comply with subparagraph 1.
  281  for a valid reason to be determined by the board, the claimant
  282  has made all reasonable searches and inquiries to ascertain
  283  whether the judgment debtor or licensee is possessed of real or
  284  personal property or other assets subject to being sold or
  285  applied in satisfaction of the judgment and by his or her search
  286  has discovered no property or assets or has discovered property
  287  and assets and has taken all necessary action and proceedings
  288  for the application thereof to the judgment but the amount
  289  thereby realized was insufficient to satisfy the judgment; and
  290         3. The claimant has made a diligent attempt, as defined by
  291  board rule, to collect the restitution awarded by the board.
  292         (f) A claim for recovery is made within 1 year after the
  293  conclusion of any civil, criminal, or administrative action or
  294  award in arbitration based on the act. This paragraph applies to
  295  any claim filed with the board after October 1, 1998.
  296         (g) Any amounts recovered by the claimant from the judgment
  297  debtor or licensee, or from any other source, have been applied
  298  to the damages awarded by the court or the amount of restitution
  299  ordered by the board.
  300         (h) The claimant is not a person who is precluded by this
  301  act from making a claim for recovery.
  302         (2) A claimant is not qualified to make a claim for
  303  recovery from the recovery fund, if:
  304         (a) The claimant is the spouse of the judgment debtor or
  305  licensee or a personal representative of such spouse;
  306         (b) The claimant is a licensee who acted as the contractor
  307  in the transaction that which is the subject of the claim;
  308         (c) The claim is based upon a construction contract in
  309  which the licensee was acting with respect to the property owned
  310  or controlled by the licensee;
  311         (d) The claim is based upon a construction contract in
  312  which the contractor did not hold a valid and current license at
  313  the time of the construction contract;
  314         (e) The claimant was associated in a business relationship
  315  with the licensee other than the contract at issue; or
  316         (f) The claimant has suffered damages as the result of
  317  making improper payments to a contractor as defined in part I of
  318  chapter 713; or
  319         (f)(g) The claimant has entered into a contract contracted
  320  with a licensee to perform a scope of work described in s.
  321  489.105(3)(d)-(q) before July 1, 2015 489.105(3)(d)-(p).
  322         Section 6. Subsection (1) of section 489.1425, Florida
  323  Statutes, is amended to read:
  324         489.1425 Duty of contractor to notify residential property
  325  owner of recovery fund.—
  326         (1) Each Any agreement or contract for repair, restoration,
  327  improvement, or construction to residential real property must
  328  contain a written statement explaining the consumer’s rights
  329  under the recovery fund, except where the value of all labor and
  330  materials does not exceed $2,500. The written statement must be
  331  substantially in the following form:
  332  
  333                  FLORIDA HOMEOWNERS’ CONSTRUCTION                 
  334                            RECOVERY FUND                          
  335  
  336  PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
  337  FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY
  338  ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
  339  FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
  340  CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A
  341  CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
  342  AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
  343  
  344  The statement must shall be immediately followed by the board’s
  345  address and telephone number as established by board rule.
  346         Section 7. Section 489.143, Florida Statutes, is amended to
  347  read:
  348         489.143 Payment from the fund.—
  349         (1) The fund shall be disbursed as provided in s. 489.141
  350  on a final order of the board.
  351         (2) A Any claimant who meets all of the conditions
  352  prescribed in s. 489.141 may apply to the board to cause payment
  353  to be made to a claimant from the recovery fund in an amount
  354  equal to the judgment, award, or restitution order or $25,000,
  355  whichever is less, or an amount equal to the unsatisfied portion
  356  of such person’s judgment, award, or restitution order, but only
  357  to the extent and amount of actual damages suffered by the
  358  claimant, and only up to the maximum payment allowed for each
  359  respective Division I and Division II claim. Payment from the
  360  fund for other costs related to or pursuant to civil proceedings
  361  such as postjudgment interest, attorney attorney’s fees, court
  362  costs, medical damages, and punitive damages is prohibited. The
  363  recovery fund is not obligated to pay a any judgment, an award,
  364  or a restitution order, or any portion thereof, which is not
  365  expressly based on one of the grounds for recovery set forth in
  366  s. 489.141.
  367         (3) Beginning January 1, 2005, for each Division I contract
  368  entered into after July 1, 2004, payment from the recovery fund
  369  shall be subject to a $50,000 maximum payment for each Division
  370  I claim. Beginning January 1, 2016, for each Division II
  371  contract entered into on or after July 1, 2015, payment from the
  372  recovery fund shall be subject to a $15,000 maximum payment for
  373  each Division II claim.
  374         (4)(3) Upon receipt by a claimant under subsection (2) of
  375  payment from the recovery fund, the claimant shall assign his or
  376  her additional right, title, and interest in the judgment,
  377  award, or restitution order, to the extent of such payment, to
  378  the board, and thereupon the board shall be subrogated to the
  379  right, title, and interest of the claimant; and any amount
  380  subsequently recovered on the judgment, award, or restitution
  381  order, to the extent of the right, title, and interest of the
  382  board therein, shall be for the purpose of reimbursing the
  383  recovery fund.
  384         (5)(4) Payments for claims arising out of the same
  385  transaction shall be limited, in the aggregate, to the lesser of
  386  the judgment, award, or restitution order or the maximum payment
  387  allowed for a Division I or Division II claim, regardless of the
  388  number of claimants involved in the transaction.
  389         (6)(5)For contracts entered into before July 1, 2004,
  390  payments for claims against any one licensee may shall not
  391  exceed, in the aggregate, $100,000 annually, up to a total
  392  aggregate of $250,000. For any claim approved by the board which
  393  is in excess of the annual cap, the amount in excess of $100,000
  394  up to the total aggregate cap of $250,000 is eligible for
  395  payment in the next and succeeding fiscal years, but only after
  396  all claims for the then-current calendar year have been paid.
  397  Payments may not exceed the aggregate annual or per claimant
  398  limits under law. Beginning January 1, 2005, for each Division I
  399  contract entered into after July 1, 2004, payment from the
  400  recovery fund is subject only to a total aggregate cap of
  401  $500,000 for each Division I licensee. Beginning January 1,
  402  2016, for each Division II contract entered into on or after
  403  July 1, 2015, payment from the recovery fund is subject only to
  404  a total aggregate cap of $150,000 for each Division II licensee.
  405         (7)(6) Claims shall be paid in the order filed, up to the
  406  aggregate limits for each transaction and licensee and to the
  407  limits of the amount appropriated to pay claims against the fund
  408  for the fiscal year in which the claims were filed. Payments may
  409  not exceed the total aggregate cap per license or per claimant
  410  limits under this section.
  411         (8)(7) If the annual appropriation is exhausted with claims
  412  pending, such claims shall be carried forward to the next fiscal
  413  year. Any moneys in excess of pending claims remaining in the
  414  recovery fund at the end of the fiscal year shall be paid as
  415  provided in s. 468.631.
  416         (9)(8) Upon the payment of any amount from the recovery
  417  fund in settlement of a claim in satisfaction of a judgment,
  418  award, or restitution order against a licensee as described in
  419  s. 489.141, the license of such licensee shall be automatically
  420  suspended, without further administrative action, upon the date
  421  of payment from the fund. The license of such licensee may shall
  422  not be reinstated until he or she has repaid in full, plus
  423  interest, the amount paid from the fund. A discharge of
  424  bankruptcy does not relieve a person from the penalties and
  425  disabilities provided in this section.
  426         (10)(9)A Any firm, a corporation, a partnership, or an
  427  association, or a any person acting in his or her individual
  428  capacity, who aids, abets, solicits, or conspires with another
  429  any person to knowingly present or cause to be presented a any
  430  false or fraudulent claim for the payment of a loss under this
  431  act commits is guilty of a third-degree felony, punishable as
  432  provided in s. 775.082 or s. 775.084 and by a fine of up to not
  433  exceeding $30,000, unless the value of the fraud exceeds that
  434  amount, $30,000 in which event the fine may not exceed double
  435  the value of the fraud.
  436         (11)(10)Each payment All payments and disbursement
  437  disbursements from the recovery fund shall be made by the Chief
  438  Financial Officer upon a voucher signed by the secretary of the
  439  department or the secretary’s designee.
  440         Section 8. Subsection (24) is added to section 489.503,
  441  Florida Statutes, to read:
  442         489.503 Exemptions.—This part does not apply to:
  443         (24) A person who installs low-voltage landscape lighting
  444  that contains a factory-installed electrical cord with plug and
  445  does not require installation, wiring, or modification to the
  446  electrical wiring of a structure.
  447         Section 9. Subsections (2) through (5) of section 514.031,
  448  Florida Statutes, are renumbered as subsections (3) through (6),
  449  respectively, and a new subsection (2) is added to that section
  450  to read:
  451         514.031 Permit necessary to operate public swimming pool.—
  452         (2) The department shall ensure through inspections that a
  453  public swimming pool with an operating permit continues to be
  454  operated and maintained in compliance with rules adopted under
  455  this section, the original approved plans and specifications or
  456  variances, and the Florida Building Code adopted under chapter
  457  553 applicable to public pools or public bathing places. The
  458  department may adopt and enforce rules to implement this
  459  subsection, including provisions for closing those pools and
  460  bathing places not in compliance. For purposes of this
  461  subsection, the department’s jurisdiction includes the pool, the
  462  pool deck, the barrier as defined in s. 515.25, and the bathroom
  463  facilities for pool patrons. The local enforcement agency shall
  464  permit and inspect repairs or modifications required as a result
  465  of the department’s inspections and may take enforcement action
  466  to ensure compliance. The department shall ensure that the rules
  467  enforced by the local enforcement agency under this subsection
  468  are not inconsistent with the Florida Building Code adopted
  469  under chapter 553.
  470         Section 10. Subsections (1), (2), and (5) of section
  471  514.05, Florida Statutes, are amended to read:
  472         514.05 Denial, suspension, or revocation of permit;
  473  administrative fines.—
  474         (1) The department may deny an application for an a
  475  operating permit, suspend or revoke a permit issued to any
  476  person or public body, or impose an administrative fine upon the
  477  failure of such person or public body to comply with the
  478  provisions of this chapter, the original approved plans and
  479  specifications or variances, the Florida Building Code adopted
  480  under chapter 553 applicable to public pools or public bathing
  481  places, or the rules adopted hereunder.
  482         (2) The department may impose an administrative fine, which
  483  shall not exceed $500 for each violation, for the violation of
  484  this chapter, the original approved plans and specifications or
  485  variances, the Florida Building Code adopted under chapter 553
  486  applicable to public pools or public bathing places, or the
  487  rules adopted hereunder and for the violation of any of the
  488  provisions of chapter 386. Notice of intent to impose such fine
  489  shall be given by the department to the alleged violator. Each
  490  day that a violation continues may constitute a separate
  491  violation.
  492         (5) Under conditions specified by rule, the department may
  493  close a public pool that is not in compliance with this chapter,
  494  the original approved plans and specifications or variances, the
  495  Florida Building Code adopted under chapter 553 applicable to
  496  public pools or public bathing places, or the rules adopted
  497  under this chapter.
  498         Section 11. Section 553.721, Florida Statutes, is amended
  499  to read:
  500         553.721 Surcharge.—In order for the Department of Business
  501  and Professional Regulation to administer and carry out the
  502  purposes of this part and related activities, there is created a
  503  surcharge, to be assessed at the rate of 1.5 percent of the
  504  permit fees associated with enforcement of the Florida Building
  505  Code as defined by the uniform account criteria and specifically
  506  the uniform account code for building permits adopted for local
  507  government financial reporting pursuant to s. 218.32. The
  508  minimum amount collected on any permit issued shall be $2. The
  509  unit of government responsible for collecting a permit fee
  510  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  511  surcharge and electronically remit the funds collected to the
  512  department on a quarterly calendar basis for the preceding
  513  quarter and continuing each third month thereafter. The unit of
  514  government shall retain 10 percent of the surcharge collected to
  515  fund the participation of building departments in the national
  516  and state building code adoption processes and to provide
  517  education related to enforcement of the Florida Building Code.
  518  All funds remitted to the department pursuant to this section
  519  shall be deposited in the Professional Regulation Trust Fund.
  520  Funds collected from the surcharge shall be allocated to fund
  521  the Florida Building Commission and the Florida Building Code
  522  Compliance and Mitigation Program under s. 553.841. Funds
  523  allocated to the Florida Building Code Compliance and Mitigation
  524  Program shall be $925,000 each fiscal year. The Florida Building
  525  Code Compliance and Mitigation Program shall fund the
  526  recommendations made by the Building Code System Uniform
  527  Implementation Evaluation Workgroup, dated April 8, 2013, from
  528  existing resources, not to exceed $30,000 in the 2015-2016
  529  fiscal year. Funds collected from the surcharge shall also be
  530  used to fund Florida Fire Code informal interpretations managed
  531  by the State Fire Marshal and shall be limited to $15,000 each
  532  fiscal year. The funds collected from the surcharge may not be
  533  used to fund research on techniques for mitigation of radon in
  534  existing buildings. Funds used by the department as well as
  535  funds to be transferred to the Department of Health and the
  536  State Fire Marshal shall be as prescribed in the annual General
  537  Appropriations Act. The department shall adopt rules governing
  538  the collection and remittance of surcharges pursuant to chapter
  539  120.
  540         Section 12. Subsection (11) of section 553.73, Florida
  541  Statutes is amended, and subsections (19) and (20) are added to
  542  that to read:
  543         553.73 Florida Building Code.—
  544         (11)(a) In the event of a conflict between the Florida
  545  Building Code and the Florida Fire Prevention Code and the Life
  546  Safety Code as applied to a specific project, the conflict shall
  547  be resolved by agreement between the local building code
  548  enforcement official and the local fire code enforcement
  549  official in favor of the requirement of the code which offers
  550  the greatest degree of lifesafety or alternatives which would
  551  provide an equivalent degree of lifesafety and an equivalent
  552  method of construction. Local boards created to address issues
  553  arising under the Florida Building Code and the Florida Fire
  554  Prevention Code may combine the appeals boards to create a
  555  single, local board having jurisdiction over matters arising
  556  under either or both codes.
  557         (b) Any decision made by the local fire official regarding
  558  application, interpretation, or enforcement of the Florida Fire
  559  Prevention Code or and the local building official regarding
  560  application, interpretation, or enforcement of the Florida
  561  Building Code, or the appropriate application of either or both
  562  codes in the case of a conflict between the codes, may be
  563  appealed to a local administrative board designated by the
  564  municipality, county, or special district having firesafety
  565  responsibilities. If the decision of the local fire official and
  566  the local building official is to apply the provisions of either
  567  the Florida Building Code or the Florida Fire Prevention Code
  568  and the Life Safety Code, the board may not alter the decision
  569  unless the board determines that the application of such code is
  570  not reasonable. If the decision of the local fire official and
  571  the local building official is to adopt an alternative to the
  572  codes, the local administrative board shall give due regard to
  573  the decision rendered by the local officials and may modify that
  574  decision if the administrative board adopts a better
  575  alternative, taking into consideration all relevant
  576  circumstances. In any case in which the local administrative
  577  board adopts alternatives to the decision rendered by the local
  578  fire official and the local building official, such alternatives
  579  shall provide an equivalent degree of lifesafety and an
  580  equivalent method of construction as the decision rendered by
  581  the local officials.
  582         (c) If the local building official and the local fire
  583  official are unable to agree on a resolution of the conflict
  584  between the Florida Building Code and the Florida Fire
  585  Prevention Code and the Life Safety Code, the local
  586  administrative board shall resolve the conflict in favor of the
  587  code which offers the greatest degree of lifesafety or
  588  alternatives which would provide an equivalent degree of
  589  lifesafety and an equivalent method of construction.
  590         (d) All decisions of the local administrative board, or if
  591  none exists, the decisions of the local building official and
  592  the local fire official in regard to the application,
  593  enforcement, or interpretation of the Florida Fire Prevention
  594  Code, or conflicts between the Florida Fire Prevention Code and
  595  the Florida Building Code, are subject to review by a joint
  596  committee composed of members of the Florida Building Commission
  597  and the Fire Code Advisory Council. If the joint committee is
  598  unable to resolve conflicts between the codes as applied to a
  599  specific project, the matter shall be resolved pursuant to the
  600  provisions of paragraph (1)(d). Decisions of the local
  601  administrative board solely in regard to the provisions of the
  602  Florida Building Code are subject to review as set forth in s.
  603  553.775.
  604         (e) The local administrative board shall, to the greatest
  605  extent possible, be composed of members with expertise in
  606  building construction and firesafety standards.
  607         (f) All decisions of the local building official and local
  608  fire official and all decisions of the administrative board
  609  shall be in writing and shall be binding upon a person but do
  610  not limit the authority of the State Fire Marshal or the Florida
  611  Building Commission pursuant to paragraph (1)(d) and ss. 633.104
  612  and 633.228. Decisions of general application shall be indexed
  613  by building and fire code sections and shall be available for
  614  inspection during normal business hours.
  615         (19) In other than one- and two-family detached single
  616  family dwellings, a local enforcing agency that requires a
  617  permit to install or replace a hot water heater shall require
  618  that a hard-wired or battery-operated water-level detection
  619  device be secured to the drain pan area at a level lower than
  620  the drain connection upon installation or replacement of the hot
  621  water heater. The device must include an audible alarm and, if
  622  battery-operated, must have a 10-year low-battery notification
  623  capability.
  624         (20) The Florida Building Code may not require more than
  625  one fire access elevator in buildings that are Occupancy Group
  626  R-2.
  627         Section 13. Subsections (6) and (11) of section 553.79,
  628  Florida Statutes, are amended to read:
  629         553.79 Permits; applications; issuance; inspections.—
  630         (6) A permit may not be issued for any building
  631  construction, erection, alteration, modification, repair, or
  632  addition unless the applicant for such permit complies with the
  633  requirements for plan review established by the Florida Building
  634  Commission within the Florida Building Code. However, the code
  635  shall set standards and criteria to authorize preliminary
  636  construction before completion of all building plans review,
  637  including, but not limited to, special permits for the
  638  foundation only, and such standards shall take effect concurrent
  639  with the first effective date of the Florida Building Code.
  640  After submittal of the appropriate construction documents, the
  641  building official is authorized to issue a permit for the
  642  construction of foundations or any other part of a building or
  643  structure before the construction documents for the whole
  644  building or structure have been submitted. No other agency
  645  review or approval may be required before the issuance of a
  646  phased permit due to the fact that the project will need all the
  647  necessary outside agencies’ reviews and approvals before the
  648  issuance of a master building permit. The holder of such permit
  649  for the foundation or other parts of a building or structure
  650  shall proceed at the holder’s own risk with the building
  651  operation and without assurance that a permit for the entire
  652  structure will be granted. Corrections may be required to meet
  653  the requirements of the technical codes.
  654         (11)(a) The local enforcing agency may not issue a building
  655  permit to construct, develop, or modify a public swimming pool
  656  without proof of application, whether complete or incomplete,
  657  for an operating permit pursuant to s. 514.031. A certificate of
  658  completion or occupancy may not be issued until such operating
  659  permit is issued. The local enforcing agency shall conduct its
  660  review of the building permit application upon filing and in
  661  accordance with this chapter. The local enforcing agency may
  662  confer with the Department of Health, if necessary, but may not
  663  delay the building permit application review while awaiting
  664  comment from the Department of Health.
  665         (b) If the department determines under s. 514.031(2) that a
  666  public pool or a public bathing place is not being operated or
  667  maintained in compliance with department’s rules, the original
  668  approved plans and specifications or variances, and the Florida
  669  Building Code, the local enforcing agency shall permit and
  670  inspect the repairs or modifications required as a result of the
  671  department’s inspections and may take enforcement action to
  672  ensure compliance.
  673         Section 14. Subsections (4) and (7) of section 553.841,
  674  Florida Statutes, are amended, to read:
  675         553.841 Building code compliance and mitigation program.—
  676         (4) In administering the Florida Building Code Compliance
  677  and Mitigation Program, the department may shall maintain,
  678  update, develop, or cause to be developed code-related training
  679  and education advanced modules designed for use by each
  680  profession.
  681         (7) The Florida Building Commission shall provide by rule
  682  for the accreditation of courses related to the Florida Building
  683  Code by accreditors approved by the commission. The commission
  684  shall establish qualifications of accreditors and criteria for
  685  the accreditation of courses by rule. The commission may revoke
  686  the accreditation of a course by an accreditor if the
  687  accreditation is demonstrated to violate this part or the rules
  688  of the commission.
  689         Section 15. Paragraph (a) of subsection (8) of section
  690  553.842, Florida Statutes, is amended to read:
  691         553.842 Product evaluation and approval.—
  692         (8) The commission may adopt rules to approve the following
  693  types of entities that produce information on which product
  694  approvals are based. All of the following entities, including
  695  engineers and architects, must comply with a nationally
  696  recognized standard demonstrating independence or no conflict of
  697  interest:
  698         (a) Evaluation entities approved pursuant to this
  699  paragraph. The commission shall specifically approve the
  700  National Evaluation Service, the International Association of
  701  Plumbing and Mechanical Officials Evaluation Service, the
  702  International Code Council Evaluation Services, Underwriters
  703  Laboratories, LLC, and the Miami-Dade County Building Code
  704  Compliance Office Product Control Division. Architects and
  705  engineers licensed in this state are also approved to conduct
  706  product evaluations as provided in subsection (5).
  707         Section 16. Section 553.908, Florida Statutes, is amended
  708  to read:
  709         553.908 Inspection.—Before construction or renovation is
  710  completed, the local enforcement agency shall inspect buildings
  711  for compliance with the standards of this part. The local
  712  enforcement agency shall accept duct and air infiltration tests
  713  conducted in accordance with the Florida Building Code-Energy
  714  Conservation by individuals certified in accordance with s.
  715  553.993(5) or (7) or individuals licensed under s.
  716  489.105(3)(f), (g), or (i). The local enforcement agency may
  717  accept inspections in whole or in part by individuals certified
  718  in accordance with s. 553.993(5) or (7) or by individuals
  719  certified as energy inspectors by the International Code
  720  Council, provided that the inspection complies with the Florida
  721  Building Code-Energy Conservation.
  722         Section 17. Present subsections (2) through (35) of section
  723  633.102, Florida Statutes, are redesignated as subsections (3)
  724  through (36), a new subsection (2) is added to that section and
  725  present subsection (34) is amended, to read:
  726         633.102 Definitions.—As used in this chapter, the term:
  727         (2) “Change of occupancy” means a change in the purpose of
  728  level of activity within a building which involves a change in
  729  application of the requirements of the Florida Fire Prevention
  730  Code.
  731         (34) “Use” means application, employment; that enjoyment of
  732  property which consists of its employment, occupation, exercise,
  733  or practice.
  734         Section 18. Subsection (6) of section 633.104, Florida
  735  Statutes, is amended to read:
  736         633.104 State Fire Marshal; authority; duties; rules.—
  737         (6) Only the State Fire Marshal may issue, and, when
  738  requested in writing by any substantially affected person or a
  739  local enforcing agency, the State Fire Marshal shall issue
  740  declaratory statements pursuant to s. 120.565 relating to the
  741  Florida Fire Prevention Code. For the purposes of this section,
  742  the term “substantially affected person” means a person who,
  743  will be, or may be affected by the application of the Florida
  744  Fire Prevention Code to a property or building that the person
  745  owns, controls, or is, or is considering purchasing, selling,
  746  designing, constructing, or altering. A petition for declaratory
  747  statement is not intended to be an appeal of a decision of a
  748  local fire official or an appeal of a local board reviewing a
  749  decision of a local fire official.
  750         Section 19. Subsections (17), (18), and (19) are added to
  751  section 633.202, Florida Statutes, to read:
  752         633.202 Florida Fire Prevention Code.—
  753         (17) In all new high-rise and existing high-rise buildings,
  754  minimum radio signal strength for fire department communications
  755  shall be maintained at a level determined by the authority
  756  having jurisdiction. Existing buildings may not be required to
  757  comply with minimum radio strength for fire department
  758  communications and two-way radio system enhancement
  759  communications as required by the Florida Fire Prevention Code
  760  until January 1, 2022. Existing apartment buildings may not be
  761  required to comply until January 1, 2025.
  762         (18) Areas of refuge shall be provided when required by the
  763  Florida Building Code-Accessibility. Required portions of an
  764  area of refuge shall be accessible from the space they serve by
  765  an accessible means of egress.
  766         (19) Dead-end corridors within an apartment may not exceed
  767  50-feet in buildings protected throughout by an approved
  768  automatic supervised sprinkler system.
  769         Section 20. Subsection (10) is added to section 633.216,
  770  Florida Statutes, to read:
  771         633.216 Inspection of buildings and equipment; orders;
  772  firesafety inspection training requirements; certification;
  773  disciplinary action.—The State Fire Marshal and her or his
  774  agents or persons authorized to enforce laws and rules of the
  775  State Fire Marshal shall, at any reasonable hour, when the State
  776  Fire Marshal has reasonable cause to believe that a violation of
  777  this chapter or s. 509.215, or a rule adopted thereunder, or a
  778  minimum firesafety code adopted by the State Fire Marshal or a
  779  local authority, may exist, inspect any and all buildings and
  780  structures which are subject to the requirements of this chapter
  781  or s. 509.215 and rules adopted thereunder. The authority to
  782  inspect shall extend to all equipment, vehicles, and chemicals
  783  which are located on or within the premises of any such building
  784  or structure.
  785         (10) In addition to any other requirements that may be
  786  imposed by this state, fire prevention plan reviewers shall,
  787  after 12 months from the effective date of this statute, be
  788  certified, at a minimum, as a Fire Inspector I by the State Fire
  789  Marshal. The State Fire Marshal may, by rule, determine
  790  alternative educational and experience requirements, or
  791  certifications, as equivalent.
  792         Section 21. This act shall take effect July 1, 2015.
  793  
  794  ================= T I T L E  A M E N D M E N T ================
  795  And the title is amended as follows:
  796         Delete everything before the enacting clause
  797  and insert:
  798                        A bill to be entitled                      
  799         An act relating to building codes; amending s.
  800         468.609, F.S.; revising the certification examination
  801         requirements for building code inspectors, plans
  802         examiners, and building code administrators; requiring
  803         the Florida Building Code Administrators and
  804         Inspectors Board to provide for issuance of certain
  805         provisional certificates; amending s. 489.105, F.S.;
  806         revising the term “plumbing contractor”; amending s.
  807         489.1401, F.S.; revising legislative intent with
  808         respect to the purpose of the Florida Homeowners’
  809         Construction Recovery Fund; providing legislative
  810         intent that Division II contractors set apart funds to
  811         participate in the fund; amending s. 489.1402, F.S.;
  812         revising terms; amending s. 489.141, F.S.; prohibiting
  813         certain claimants from making a claim against the
  814         recovery fund for certain contracts entered into
  815         before a specified date; amending s. 489.1425, F.S.;
  816         revising a notification provided by contractors to
  817         certain residential property owners to state that
  818         payment from the recovery fund is limited; amending s.
  819         489.143, F.S.; revising provisions concerning payments
  820         from the recovery fund; specifying claim amounts for
  821         certain contracts entered into before or after
  822         specified dates; providing aggregate caps for
  823         payments; amending s. 489.503, F.S.; exempting certain
  824         low-voltage landscape lighting from licensed
  825         electrical contractor installation requirements;
  826         amending s. 514.031, F.S.; requiring the Department of
  827         Health to conduct inspections of certain public pools
  828         with operating permits to ensure continued compliance
  829         with specified criteria; authorizing the department to
  830         adopt rules; specifying the department’s jurisdiction
  831         for purposes of inspecting certain public pools;
  832         specifying duties of local enforcement agencies
  833         regarding modifications and repairs made to certain
  834         public pools as a result of the department’s
  835         inspections; requiring the department to ensure that
  836         certain rules enforced by local enforcement agencies
  837         comply with the Florida Building Code; amending s.
  838         514.05, F.S.; specifying that the department may deny,
  839         suspend, or revoke operating permits for certain pools
  840         and bathing places if certain plans, variances, or
  841         requirements of the Florida Building Code are
  842         violated; specifying that the department may assess an
  843         administrative fine for violations by certain public
  844         pools and bathing places if certain plans, variances,
  845         or requirements of the Florida Building Code are
  846         violated; amending s. 553.721, F.S.; directing the
  847         Florida Building Code Compliance and Mitigation
  848         Program to fund, from existing resources, the
  849         recommendations made by the Building Code System
  850         Uniform Implementation Evaluation Workgroup; providing
  851         a limitation; requiring that a specified amount of
  852         funds from the surcharge be used to fund certain
  853         Florida Fire Code informal interpretations; amending
  854         s. 553.73, F.S.; authorizing local boards created to
  855         address specified issues to combine the appeals boards
  856         to create a single, local board; authorizing the
  857         appeal to a local administrative board of specified
  858         decisions made by a local fire official; specifying
  859         the decisions of the local building official and the
  860         local fire official which are subject to review;
  861         requiring the permitted installation or replacement of
  862         a water heater in a conditioned or attic space to
  863         include a water leak detection device; prohibiting the
  864         Florida Building Code from requiring more than one
  865         fire access elevator in certain buildings; amending s.
  866         553.79, F.S.; authorizing a building official to issue
  867         a permit for the construction of the foundation or any
  868         other part of a building or structure before the
  869         construction documents for the whole building or
  870         structure have been submitted; providing that the
  871         holder of such permit shall begin building at the
  872         holder’s own risk with the building operation and
  873         without assurance that a permit for the entire
  874         structure will be granted; requiring local enforcing
  875         agencies to permit and inspect modifications and
  876         repairs made to certain public pools and public
  877         bathing places as a result of the department’s
  878         inspections; amending s. 553.841, F.S.; authorizing
  879         the department to maintain, update, develop or cause
  880         to be developed code-related training and education;
  881         removing provisions related to the development of
  882         advanced courses with respect to the Florida Building
  883         Code Compliance and Mitigation Program and the
  884         accreditation of courses related to the Florida
  885         Building Code; amending s. 553.842, F.S.; providing
  886         that Underwriters Laboratories, LLC, is an approved
  887         evaluation entity; amending s. 553.908, F.S.;
  888         requiring local enforcement agencies to accept duct
  889         and air infiltration tests conducted in accordance
  890         with certain guidelines by specified individuals;
  891         amending s. 633.102, F.S.; revising terms; amending s.
  892         633.104, F.S.; defining a term; clarifying intent;
  893         amending s. 633.202, F.S.; requiring all new high-rise
  894         and existing high-rise buildings to maintain a minimum
  895         radio signal strength for fire department
  896         communications; providing a transitory period for
  897         compliance; requiring areas of refuge to be required
  898         as determined by the Florida Building Code
  899         Accessibility; prohibiting dead-end corridors within
  900         an apartment from exceeding a specified footage in
  901         specified buildings; amending s. 633.216, F.S.;
  902         requiring fire prevention plan reviewers to be
  903         certified by a specified date; authorizing the State
  904         Fire Marshal to determine alternative educational and
  905         experience requirements or certifications; providing
  906         an effective date.