House Bill 4181er

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  1

  2         An act relating to a statewide unified building

  3         code; amending ss. 468.621, F.S.; providing an

  4         additional ground for certain disciplinary

  5         actions; amending ss. 471.033, 481.225,

  6         481.2251, and 481.325, F.S.; providing for

  7         additional fines for certain violations of the

  8         Florida Building Code; amending s. 468.602,

  9         F.S.; clarifying application of an exemption

10         for certain persons; amending ss. 468.609,

11         468.627, 471.017, 471.019, 481.215, 481.313,

12         489.115, 489.1455, and 489.5335, F.S.;

13         requiring certificateholders, licensees, or

14         registrants to prove completion of certain

15         education requirements relating to the Florida

16         Building Code; providing certain core

17         curriculum or continuing education requirements

18         for certain license, certificate, or

19         registration renewals; authorizing certain

20         licensing boards to require certain specialized

21         or advanced education courses; creating s.

22         455.2286, F.S.; requiring the Department of

23         Business and Professional Regulation to

24         implement an automated information system for

25         certain purposes; providing requirements

26         relating to such system; amending s. 489.103,

27         F.S.; exempting certain residential structures

28         from certain construction contracting

29         requirements; amending s. 489.117, F.S.;

30         clarifying certain information provision

31         requirements for local jurisdictions relating


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  1         to specialty contractor licensure and

  2         discipline; amending s. 489.513, F.S.;

  3         requiring local jurisdictions to provide

  4         certain information to certain licensing

  5         boards; requiring such boards to maintain and

  6         provide such information through an automated

  7         information system; providing for local

  8         responsibility for imposing certain

  9         disciplinary action; authorizing imposition of

10         penalties by ordinance; amending s. 489.517,

11         F.S.; requiring certificateholders or

12         registrants to provide proof of completion of

13         certain education courses; authorizing the

14         electrical contractors' licensing board to

15         require certain education courses; amending s.

16         489.533, F.S.; revising a ground for certain

17         disciplinary action; amending s. 553.06, F.S.;

18         requiring the Florida Building Commission to

19         adopt the State Plumbing Code; amending s.

20         553.19, F.S.; requiring the commission to adopt

21         certain electrical standards as part of the

22         Florida Building Code and to revise and

23         maintain such standards; amending s. 553.71,

24         F.S.; revising certain definitions; renaming

25         the Board of Building Codes and Standards as

26         the Florida Building g Commission; amending s.

27         553.72, F.S.; revising legislative intent;

28         amending s. 553.73, F.S.; providing for

29         adoption of the Florida Building Code to

30         replace the State Minimum Building Codes;

31         providing for legislative approval; providing


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  1         purposes; requiring the Florida Building

  2         Commission to adopt the code; providing

  3         requirements and criteria for the code;

  4         providing for resolution of conflicts between

  5         the Florida Building Code and the Florida Fire

  6         Prevention Code and the Life Safety Code;

  7         providing requirements; providing for local

  8         technical amendments to the code; providing

  9         procedures and requirements; providing

10         limitations; requiring counties to establish

11         compliance review boards for certain purposes;

12         providing requirements; authorizing local

13         governments to adopt amendments to the code;

14         providing requirements; providing procedures

15         for challenges by affected parties; providing

16         for appeals; requiring the commission to update

17         the code periodically; authorizing the

18         commission to adopt technical amendments to the

19         code under certain circumstances; providing

20         requirements; providing for exempting certain

21         buildings, structures, and facilities from the

22         code; specifying nonapplication of the code

23         under certain circumstances; prohibiting

24         administration or enforcement of the code for

25         certain purposes; amending s. 553.74, F.S.;

26         replacing the State Board of Building Codes and

27         Standards with the Florida Building Commission;

28         providing for additional membership; providing

29         for continuation of terms of existing board

30         members; amending ss. 553.75, 553.76, and

31         553.77, F.S., to conform; providing additional


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  1         powers of the commission; requiring commission

  2         staff to attend certain meetings; requiring the

  3         commission to develop and publish descriptions

  4         of roles and responsibilities of certain

  5         persons; authorizing the commission to provide

  6         plans review and approval of certain public

  7         buildings; creating s. 553.781, F.S.; providing

  8         for licensee accountability; authorizing local

  9         jurisdictions to impose fines and order certain

10         disciplinary action for certain violations of

11         the Florida Building Code; providing for

12         challenges to such actions; requiring the

13         Department of Business and Professional

14         Regulation and local jurisdictions to report

15         such disciplinary actions; providing for

16         disposition and use of such fines; providing

17         construction; providing for suspension of

18         certain permitting privileges under certain

19         circumstance; amending s. 553.79, F.S., to

20         conform; authorizing owners of certain

21         buildings to designate such buildings as

22         threshold buildings for certain purposes;

23         providing for local government enforcement of

24         the Florida Building Code under certain

25         circumstances; amending s. 553.80, F.S.;

26         authorizing certain additional permit fees and

27         reinspection fees under certain circumstances;

28         requiring certain agencies to provide support

29         to local governments for certain purposes;

30         specifying certain code enforcement

31         requirements for state universities, community


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  1         colleges, and public school districts;

  2         preserving authority of certain local

  3         governments to enforce code requirements;

  4         providing construction; creating s. 553.841,

  5         F.S.; providing for establishing a building

  6         code training program; providing requirements;

  7         providing criteria; authorizing the Florida

  8         Building Commission to enter into contracts for

  9         certain purposes; requiring the assistance and

10         participation of certain state agencies;

11         creating s. 553.842, F.S.; providing for a

12         system for product evaluation and approval;

13         providing requirements; providing procedures;

14         providing for challenging, review, and appeal

15         of certain evaluations; authorizing the

16         commission to charge fees for certain

17         certifications and reviews; providing

18         exceptions; amending s. 553.905, F.S.;

19         exempting certain HVAC equipment from

20         additional insulation requirements; amending s.

21         633.01, F.S.; authorizing the Department of

22         Insurance to issue declaratory statements of

23         certain firesafety codes; creating s. 633.0215,

24         F.S.; requiring the Department of Insurance to

25         adopt certain fire prevention and life safety

26         codes; providing requirements; providing for

27         temporary effect of local amendments to such

28         codes; providing providing procedures for

29         adopting or rescinding local amendments to such

30         codes; requiring the department to update such

31         codes periodically; providing for technical


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  1         amendments to such codes; providing exceptions

  2         to application of such codes for certain

  3         purposes; amending s. 633.025, F.S.; specifying

  4         adoption by local jurisdictions of certain

  5         firesafety codes; authorizing local

  6         jurisdictions to adopt more stringent

  7         firesafety standards under certain

  8         circumstances; providing procedures; providing

  9         limitations; deleting obsolete provisions;

10         amending s. 633.085, F.S.; clarifying certain

11         inspection duties of the State Fire Marshal;

12         amending s. 633.72, F.S.; specifying

13         cooperation between the Florida Fire Code

14         Advisory Council and the Florida Building

15         Commission under certain circumstances;

16         requiring administrative staff of the State

17         Fire Marshal to attend certain meetings and

18         coordinate efforts for consistency between

19         certain codes; amending ss. 125.69, 161.54,

20         161.56, 162.21, 166.0415, 489.127, 489.131,

21         489.531, 489.537, 500.459, 553.18, and 627.351,

22         F.S., to conform; requiring the Florida

23         Building Commission to submit the Florida

24         Building Code to the Legislature for approval;

25         requiring the commission to recommend changes

26         to the law to conform to adoption of the

27         Florida Building Code; providing for future

28         repeal of local amendments to certain building

29         codes; providing for readoption; requiring the

30         State Fire Marshal, the Florida Building

31         Commission, and the Commissioner of Education


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  1         to establish a select committee for certain

  2         purposes; providing for committee membership;

  3         providing duties of the committee; requiring a

  4         report to the Legislature; requiring the

  5         Department of Management Services to conduct a

  6         pilot project to study the effects of

  7         installing an ozonation water treatment system

  8         for a cooling tower on state buildings;

  9         requiring a report to the Legislature;

10         repealing s. 471.003(2)(f), F.S., relating to

11         engineering faculty exemption from registration

12         requirements; repealing s. 489.539, F.S.,

13         relating to adoption of electrical standards;

14         repealing s. 553.73(5), F.S., relating to a

15         presumption of compliance with certain building

16         code requirements; providing for future repeal

17         of s. 489.120, F.S., relating to an automated

18         information system; providing for future repeal

19         of s. 489.129(1)(d), F.S., relating to

20         disciplinary action for knowing violations of

21         building codes; providing for future repeal of

22         parts I, II, and III of chapter 553, F.S.,

23         relating to the Florida Plumbing Control Act,

24         the Florida Electrical Code, and glass

25         standards; providing appropriations; providing

26         effective dates.

27

28         WHEREAS, the Legislature finds the system of regulating

29  construction in Florida is a pressing affair of the state with

30  statewide significance.  The Legislature further finds that

31  such system is complex and confusing because of the


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  1  multiplicity of building codes and administrative processes

  2  which has resulted in weak and inadequate compliance, and

  3         WHEREAS, the Legislature further finds that, to be

  4  effective, a building code system must promote consistent and

  5  effective compliance and enforcement by addressing the

  6  complexity caused by too many codes and administrative

  7  processes and by providing a clear understanding of roles and

  8  responsibilities and adequate education and training for all

  9  participants within the system, and

10         WHEREAS, it is the intent of the Legislature that all

11  processes which comprise the overall building construction

12  regulatory system be coordinated and integrated to achieve

13  optimal effectiveness and provide predictability in the system

14  and accountability for all participants in the system, and

15         WHEREAS, it is the further intent of the Legislature

16  that all state and local agencies should coordinate their

17  separately assigned responsibilities with the Florida Building

18  Commission created in this act and to comply with the

19  provisions of this act, and

20         WHEREAS, it is the intent of the Legislature that the

21  Florida Building Commission consider the recommendations of

22  the Governor's Building Codes Study Commission and other

23  affected stakeholders when implementing the provisions of this

24  act, NOW, THEREFORE,

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Effective January 1, 2001, paragraph (d) of

29  subsection (2) of section 125.69, Florida Statutes, is amended

30  to read:

31         125.69  Penalties; enforcement by code inspectors.--


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  1         (2)  The board of county commissioners of each county

  2  may designate its agents or employees as code inspectors whose

  3  duty it is to assure code compliance.  Any person designated

  4  as a code inspector may issue citations for violations of

  5  county codes and ordinances, respectively, or subsequent

  6  amendments thereto, when such code inspector has actual

  7  knowledge that a violation has been committed.

  8         (d)  The provisions of this subsection shall not apply

  9  to the enforcement pursuant to ss. 553.79 and 553.80 of the

10  Florida Building Code codes adopted pursuant to s. 553.73 as

11  applied they apply to construction, provided that a building

12  permit is either not required or has been issued by the

13  county.  For the purposes of this paragraph, "building codes"

14  means only those codes adopted pursuant to s. 553.73.

15         Section 2.  Effective January 1, 2001, subsection (11)

16  of section 161.54, Florida Statutes, is amended to read:

17         161.54  Definitions.--In construing ss. 161.52-161.58:

18         (11)  "State minimum building codes" means the Florida

19  Building Code recognized model building construction codes as

20  identified in s. 553.73.

21         Section 3.  Effective January 1, 2001, subsection (1)

22  of section 161.56, Florida Statutes, is amended to read:

23         161.56  Establishment of local enforcement.--

24         (1)  Each local government which is required to enforce

25  the Florida adopt a Building Code by s. 553.73 and which has a

26  coastal building zone or some portion of a coastal zone within

27  its territorial boundaries shall enforce adopt, not later than

28  January 1, 1987, as part of its building code, the

29  requirements of the code established in s. 161.55, and such

30  requirements shall be enforced by the local enforcement agency

31  as defined in s. 553.71.


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  1         Section 4.  Effective January 1, 2001, subsection (7)

  2  of section 162.21, Florida Statutes, is amended to read:

  3         162.21  Enforcement of county or municipal codes or

  4  ordinances; penalties.--

  5         (7)  The provisions of this part shall not apply to the

  6  enforcement pursuant to ss. 553.79 and 553.80 of the Florida

  7  Building Code codes adopted pursuant to s. 553.73 as applied

  8  they apply to construction, provided that a building permit is

  9  either not required or has been issued by the county or the

10  municipality.  For the purposes of this subsection, "building

11  codes" means only those codes adopted pursuant to s. 553.73.

12         Section 5.  Effective January 1, 2001, subsection (5)

13  of section 166.0415, Florida Statutes, is amended to read:

14         166.0415  Enforcement by code inspectors; citations.--

15         (5)  The provisions of this section shall not apply to

16  the enforcement pursuant to ss. 553.79 and 553.80 of the

17  Florida Building Code codes adopted pursuant to s. 553.73 as

18  applied they apply to construction, provided that a building

19  permit is either not required or has been issued by the

20  municipality.  For the purposes of this subsection, "building

21  codes" means only those codes adopted pursuant to s. 553.73.

22         Section 6.  Section 455.2286, Florida Statutes, is

23  created to read:

24         455.2286  Automated information system.--By November 1,

25  1999, the department shall implement an automated information

26  system for all certificateholders and registrants under part

27  XII of chapter 468, chapter 471, chapter 481, or chapter 489.

28  The system shall provide instant notification to local

29  building departments and other interested parties regarding

30  the status of the certification or registration.  The

31  provision of such information shall consist, at a minimum, of


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  1  an indication of whether the certification or registration is

  2  active, of any current failure to meet the terms of any final

  3  action by a licensing authority, of any ongoing disciplinary

  4  cases that are subject to public disclosure, whether there are

  5  any outstanding fines, and of the reporting of any material

  6  violations pursuant to s. 553.781. The system shall also

  7  retain information developed by the department and local

  8  governments on individuals found to be practicing or

  9  contracting without holding the applicable license,

10  certification, or registration required by law. The system may

11  be Internet based.

12         Section 7.  Effective January 1, 2001, subsection (3)

13  of section 468.602, Florida Statutes, is amended to read:

14         468.602  Exemptions.--This part does not apply to:

15         (3)  Persons acting as special inspectors for code

16  enforcement jurisdictions and plans examiners pursuant to s.

17  235.26 while conducting special inspections not required as

18  minimum inspections by the Florida Building Code activities

19  authorized by certification under that section.

20         Section 8.  Paragraph (d) is added to subsection (2) of

21  section 468.609, Florida Statutes, to read:

22         468.609  Administration of this part; standards for

23  certification; additional categories of certification.--

24         (2)  A person shall be entitled to take the examination

25  for certification pursuant to this part if the person:

26         (d)  Demonstrates successful completion of the core

27  curriculum and specialized or advanced module course work

28  approved by the Florida Building Commission, as part of the

29  Building Code Training Program established pursuant to s.

30  553.841, appropriate to the licensing category sought or,

31  pursuant to authorization by the certifying authority,


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  1  provides proof of completion of such curriculum or course work

  2  within 6 months after such certification.

  3         Section 9.  Effective January 1, 2001, paragraph (h) is

  4  added to subsection (1) of section 468.621, Florida Statutes,

  5  to read:

  6         468.621  Disciplinary proceedings.--

  7         (1)  The following acts constitute grounds for which

  8  the disciplinary actions in subsection (2) may be taken:

  9         (h)  Failing to execute the duties and responsibilities

10  specified in part XII of chapter 468 and ss. 553.73, 553.781,

11  and 553.79.

12         Section 10.  Subsection (7) of section 468.627, Florida

13  Statutes, is amended, and subsection (8) is added to said

14  section, to read:

15         468.627  Application; examination; renewal; fees.--

16         (7)  The certificateholder shall provide proof, in a

17  form established by board rule, that the certificateholder has

18  completed at least 14 classroom hours of at least 50 minutes

19  each of continuing education courses during each biennium

20  since the issuance or renewal of the certificate, including

21  the specialized or advanced course work approved by the

22  Florida Building Commission, as part of the Building Code

23  Training Program established pursuant to s. 553.841,

24  appropriate to the licensing category sought.  The board shall

25  by rule establish criteria for approval of continuing

26  education courses and providers, and may by rule establish

27  criteria for accepting alternative nonclassroom continuing

28  education on an hour-for-hour basis.

29         (8)  Each certificateholder shall provide to the board

30  proof of completion of the core curriculum courses, or passing

31  the equivalency test of the Building Code Training Program


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  1  established by s. 553.841, within 2 years after commencement

  2  of the program. Continuing education hours spent taking such

  3  core curriculum courses shall count toward the number required

  4  for license renewal.  A licensee who passes the equivalency

  5  test in lieu of taking the core curriculum courses shall

  6  receive full credit for core curriculum course hours.

  7         Section 11.  Subsection (3) is added to section

  8  471.017, Florida Statutes, to read:

  9         471.017  Renewal of license.--

10         (3)  Commencing with licensure renewal in 2002, each

11  licensee actively participating in the design of engineering

12  works or systems in connection with buildings, structures, and

13  facilities covered by the Florida Building Code shall submit

14  proof to the board that the licensee participates in

15  continuing education courses relating to the core curriculum

16  courses or the building code training program or evidence of

17  passing an equivalency test on the core curriculum courses or

18  specialized or advanced courses on any portion of the Florida

19  Building Code applicable to the area of practice.

20         Section 12.  Section 471.019, Florida Statutes, is

21  amended to read:

22         471.019  Reactivation; design of engineering works or

23  systems; continuing education.--

24         (1)  The board shall prescribe by rule continuing

25  education requirements for reactivating a license. The

26  continuing education requirements for reactivating a license

27  for a registered engineer may not exceed 12 classroom hours

28  for each year the license was inactive.

29         (2)  All licensees actively participating in the design

30  of engineering works or systems in connection with buildings,

31  structures, or facilities and systems covered by the Florida


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  1  Building Code shall take continuing education courses and

  2  submit proof to the board, at such times and in such manner as

  3  established by the board by rule, that the licensee has

  4  completed the core curriculum courses and any specialized or

  5  advanced courses on any portion of the Florida Building Code

  6  applicable to the licensee's area of practice or has passed

  7  the appropriate equivalency test of the Building Code Training

  8  Program established by s. 553.841.  The board shall record

  9  reported continuing education courses on a system easily

10  accessed by code enforcement jurisdictions for evaluation when

11  determining license status for purposes of processing design

12  documents. Local jurisdictions shall be responsible for

13  notifying the board when design documents are submitted for

14  building construction permits by persons who are not in

15  compliance with this section. The board shall take appropriate

16  action as provided by its rules when such noncompliance is

17  determined to exist.

18         Section 13.  Effective January 1, 2001, paragraph (c)

19  of subsection (3) of section 471.033, Florida Statutes, is

20  amended to read:

21         471.033  Disciplinary proceedings.--

22         (3)  When the board finds any person guilty of any of

23  the grounds set forth in subsection (1), it may enter an order

24  imposing one or more of the following penalties:

25         (c)  Imposition of an administrative fine not to exceed

26  $1,000 for each count or separate offense and a fine of up to

27  $5,000 for matters pertaining to a material violation of the

28  Florida Building Code as reported by a local jurisdiction.

29         Section 14.  Effective January 1, 2001, subsections (5)

30  and (6) are added to section 481.215, Florida Statutes, to

31  read:


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  1         481.215  Renewal of license.--

  2         (5)  Each licensee shall provide to the board proof of

  3  completion of the core curriculum courses, or passing the

  4  equivalency test of the Building Code Training Program

  5  established by s. 553.841, within 2 years after commencement

  6  of the program or after initial licensure, whichever is later.

  7  Hours spent taking core curriculum courses shall count toward

  8  the number required for license renewal.  A licensee who

  9  passes the equivalency test in lieu of taking the core

10  curriculum courses shall receive full credit for such core

11  curriculum course hours.

12         (6)  The board shall require, by rule adopted pursuant

13  to ss. 120.536(1) and 120.54, a specified number of hours in

14  specialized or advanced courses, approved by the Florida

15  Building Commission, on any portion of the Florida Building

16  Code, adopted pursuant to part VII of chapter 553, relating to

17  the licensee's respective area of practice.

18         Section 15.  Effective January 1, 2001, paragraph (c)

19  of subsection (3) of section 481.225, Florida Statutes, is

20  amended to read:

21         481.225  Disciplinary proceedings against registered

22  architects.--

23         (3)  When the board finds any registered architect

24  guilty of any of the grounds set forth in subsection (1), it

25  may enter an order imposing one or more of the following

26  penalties:

27         (c)  Imposition of an administrative fine not to exceed

28  $1,000 for each count or separate offense and a fine of up to

29  $5,000 for matters pertaining to a material violation of the

30  Florida Building Code as reported by a local jurisdiction.

31


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  1         Section 16.  Effective January 1, 2001, paragraph (d)

  2  of subsection (2) of section 481.2251, Florida Statutes, is

  3  amended to read:

  4         481.2251  Disciplinary proceedings against registered

  5  interior designers.--

  6         (2)  When the board finds any person guilty of any of

  7  the grounds set forth in subsection (1), it may enter an order

  8  taking the following action or imposing one or more of the

  9  following penalties:

10         (d)  Imposition of an administrative fine not to exceed

11  $1,000 for each violation or separate offense and a fine of up

12  to $5,000 for matters pertaining to a material violation of

13  the Florida Building Code as reported by a local jurisdiction;

14  or

15         Section 17.  Effective January 1, 2001, subsections

16  (3), (4), (5), and (6) are added to section 481.313, Florida

17  Statutes, to read:

18         481.313  Renewal of license.--

19         (3)  No license renewal shall be issued to a landscape

20  architect by the department until the licensee submits proof,

21  satisfactory to the department, that during the 2 year period

22  prior to application for renewal, the licensee participated in

23  such continuing education courses required by the board.  The

24  board shall approve only continuing education courses that

25  relate to and increase the basic knowledge of landscape

26  architecture.  The board may make an exception from the

27  requirements of continuing education in emergency or hardship

28  cases.

29         (4)  The board, by rule adopted pursuant to ss.

30  120.536(1) and 120.54, shall establish criteria for the

31  approval of continuing education courses and providers, and


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  1  shall by rule establish criteria for accepting alternative

  2  nonclassroom continuing education on an hour-for-hour basis.

  3         (5)  Each license holder shall provide to the board

  4  proof of completion of the core curriculum courses, or passing

  5  the equivalency test of the Building Code Training Program

  6  established by s. 553.841, within 2 years after commencement

  7  of the program or of initial licensure, whichever is later.

  8  Hours spent taking core curriculum courses shall count toward

  9  the number required for license renewal.  A licensee who

10  passes the equivalency test in lieu of taking the core

11  curriculum courses shall receive full credit for core

12  curriculum course hours.

13         (6)  The board shall require, by rule adopted pursuant

14  to ss. 120.536(1) and 120.54, a specified number of hours in

15  specialized or advanced courses, approved by the Florida

16  Building Commission, on any portion of the Florida Building

17  Code, adopted pursuant to part VII of chapter 553, relating to

18  the licensee's respective area of practice.

19         Section 18.  Effective January 1, 2001, paragraph (c)

20  of subsection (3) of section 481.325, Florida Statutes, is

21  amended to read:

22         481.325  Disciplinary proceedings.--

23         (3)  When the board finds any registered landscape

24  architect guilty of any of the grounds set forth in subsection

25  (1), it may enter an order imposing one or more of the

26  following penalties:

27         (c)  Imposition of an administrative fine not to exceed

28  $1,000 for each count or separate offense and a fine of up to

29  $5,000 for matters pertaining to a material violation of the

30  Florida Building Code as reported by a local jurisdiction.

31


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  1         Section 19.  Subsection (17) is added to section

  2  489.103, Florida Statutes, to read:

  3         489.103  Exemptions.--This part does not apply to:

  4         (17)  Any one-family, two-family, or three-family

  5  residence constructed by Habitat for Humanity International,

  6  Incorporated, or its local affiliates.  Habitat for Humanity

  7  International, Incorporated, or its local affiliates, must:

  8         (a)  Obtain all necessary building permits.

  9         (b)  Obtain all required building inspections.

10         (c)  Provide for supervision of all work by an

11  individual with construction experience.

12         Section 20.  Paragraph (b) of subsection (4) of section

13  489.115, Florida Statutes, is amended to read:

14         489.115  Certification and registration; endorsement;

15  reciprocity; renewals; continuing education.--

16         (4)

17         (b)1.  Each certificateholder or registrant shall

18  provide proof, in a form established by rule of the board,

19  that the certificateholder or registrant has completed at

20  least 14 classroom hours of at least 50 minutes each of

21  continuing education courses during each biennium since the

22  issuance or renewal of the certificate or registration.  The

23  board shall establish by rule that a portion of the required

24  14 hours must deal with the subject of workers' compensation

25  and workplace safety.  The board shall by rule establish

26  criteria for the approval of continuing education courses and

27  providers, including requirements relating to the content of

28  courses and standards for approval of providers, and may by

29  rule establish criteria for accepting alternative nonclassroom

30  continuing education on an hour-for-hour basis.

31


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  1         2.  In addition, the board may approve specialized

  2  continuing education courses on compliance with the wind

  3  resistance provisions for one and two family dwellings

  4  contained in the State Minimum Building Codes and any

  5  alternate methodologies for providing such wind resistance

  6  which have been approved for use by the Board of Building

  7  Codes and Standards.  Division I certificateholders or

  8  registrants who demonstrate proficiency upon completion of

  9  such specialized courses may certify plans and specifications

10  for one and two family dwellings to be in compliance with the

11  code or alternate methodologies, as appropriate, except for

12  dwellings located in floodways or coastal hazard areas as

13  defined in ss. 60.3D and E of the National Flood Insurance

14  Program.

15         3.  Each certificateholder or registrant shall provide

16  to the board proof of completion of the core curriculum

17  courses, or passing the equivalency test of the Building Code

18  Training Program established under s. 553.841, specific to the

19  licensing category sought, within 2 years after commencement

20  of the program or of initial certification or registration,

21  whichever is later.  Classroom hours spent taking core

22  curriculum courses shall count toward the number required for

23  renewal of certificates or registration.  A certificateholder

24  or registrant who passes the equivalency test in lieu of

25  taking the core curriculum courses shall receive full credit

26  for core curriculum course hours.

27         Section 21.  Effective January 1, 2001, paragraph (b)

28  of subsection (4) of section 489.115, Florida Statutes, as

29  amended by this act, is amended to read:

30         489.115  Certification and registration; endorsement;

31  reciprocity; renewals; continuing education.--


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  1         (4)

  2         (b)1.  Each certificateholder or registrant shall

  3  provide proof, in a form established by rule of the board,

  4  that the certificateholder or registrant has completed at

  5  least 14 classroom hours of at least 50 minutes each of

  6  continuing education courses during each biennium since the

  7  issuance or renewal of the certificate or registration.  The

  8  board shall establish by rule that a portion of the required

  9  14 hours must deal with the subject of workers' compensation

10  and workplace safety.  The board shall by rule establish

11  criteria for the approval of continuing education courses and

12  providers, including requirements relating to the content of

13  courses and standards for approval of providers, and may by

14  rule establish criteria for accepting alternative nonclassroom

15  continuing education on an hour-for-hour basis.

16         2.  In addition, the board may approve specialized

17  continuing education courses on compliance with the wind

18  resistance provisions for one and two family dwellings

19  contained in the Florida State Minimum Building Code Codes and

20  any alternate methodologies for providing such wind resistance

21  which have been approved for use by the Florida Board of

22  Building Commission Codes and Standards.  Division I

23  certificateholders or registrants who demonstrate proficiency

24  upon completion of such specialized courses may certify plans

25  and specifications for one and two family dwellings to be in

26  compliance with the code or alternate methodologies, as

27  appropriate, except for dwellings located in floodways or

28  coastal hazard areas as defined in ss. 60.3D and E of the

29  National Flood Insurance Program.

30         3.  Each certificateholder or registrant shall provide

31  to the board proof of completion of the core curriculum


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  1  courses, or passing the equivalency test of the Building Code

  2  Training Program established under s. 553.841, specific to the

  3  licensing category sought, within 2 years after commencement

  4  of the program or of initial certification or registration,

  5  whichever is later.  Classroom hours spent taking core

  6  curriculum courses shall count toward the number required for

  7  renewal of certificates or registration.  A certificateholder

  8  or registrant who passes the equivalency test in lieu of

  9  taking the core curriculum courses shall receive full credit

10  for core curriculum course hours.

11         4.  The board shall require, by rule adopted pursuant

12  to ss. 120.536(1) and 120.54, a specified number of hours in

13  specialized or advanced module courses, approved by the

14  Florida Building Commission, on any portion of the Florida

15  Building Code, adopted pursuant to part VII of chapter 553,

16  relating to the contractor's respective discipline.

17         Section 22.  Paragraph (c) of subsection (4) of section

18  489.117, Florida Statutes, is amended to read:

19         489.117  Registration; specialty contractors.--

20         (4)

21         (c)  The local jurisdictions shall be responsible for

22  providing licensure information, code violation information

23  pursuant to s. 553.781, and disciplinary information on such

24  locally licensed individuals to the board within 30 days after

25  licensure or any disciplinary action, and the board shall

26  maintain such licensure and disciplinary information as is

27  provided to them, and shall make such information available

28  through the automated information system provided pursuant to

29  s. 455.2286 489.120. The biennial tracking registration fee

30  shall not exceed $40.

31


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  1         Section 23.  Paragraph (h) of subsection (1) of section

  2  489.127, Florida Statutes, is amended to read:

  3         489.127  Prohibitions; penalties.--

  4         (1)  No person shall:

  5         (h)  Commence or perform work for which a building

  6  permit is required pursuant to part VII of chapter 553 an

  7  adopted state minimum building code without such building

  8  permit being in effect; or

  9

10  For purposes of this subsection, a person or business

11  organization operating on an inactive or suspended

12  certificate, registration, or certificate of authority is not

13  duly certified or registered and is considered unlicensed.  An

14  occupational license certificate issued under the authority of

15  chapter 205 is not a license for purposes of this part.

16         Section 24.  Effective January 1, 2001, paragraph (e)

17  of subsection (3) of section 489.131, Florida Statutes, is

18  amended to read:

19         489.131  Applicability.--

20         (3)  Nothing in this part limits the power of a

21  municipality or county:

22         (e)  To require one bond for each contractor in an

23  amount not to exceed $5,000, which bond shall be conditioned

24  only upon compliance with the Florida applicable state minimum

25  Building Code and applicable local building code requirements

26  adopted pursuant to s. 553.73.  Any such bond must be equally

27  available to all contractors without regard to the period of

28  time a contractor has been certified or registered and without

29  regard to any financial responsibility requirements.  Any such

30  bonds shall be payable to the Construction Industry Recovery

31  Fund and filed in each county or municipality in which a


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  1  building permit is requested.  Bond reciprocity shall be

  2  granted statewide.  All such bonds shall be included in

  3  meeting any financial responsibility requirements imposed by

  4  any statute or rule.  Any contractor who provides a third

  5  party insured warranty policy in connection with a new

  6  building or structure for the benefit of the purchaser or

  7  owner shall be exempt from the bond requirements under this

  8  subsection with respect to such building or structure.

  9         Section 25.  Subsection (1) of section 489.1455,

10  Florida Statutes, is amended to read:

11         489.1455  Journeyman; reciprocity; standards.--

12         (1)  An individual who holds a valid, active journeyman

13  license in the plumbing/pipe fitting, mechanical, or HVAC

14  trades issued by any county or municipality in this state may

15  work as a journeyman in the trade in which he or she is

16  licensed in any other county or municipality of this state

17  without taking an additional examination or paying an

18  additional license fee, if he or she:

19         (a)  Has scored at least 70 percent, or after October

20  1, 1997, at least 75 percent, on a proctored journeyman Block

21  and Associates examination or other proctored examination

22  approved by the board for the trade in which he or she is

23  licensed;

24         (b)  Has completed an apprenticeship program registered

25  with the Department of Labor and Employment Security and

26  demonstrates 4 years' verifiable practical experience in the

27  trade for which he or she is licensed, or demonstrates 6

28  years' verifiable practical experience in the trade for which

29  he or she is licensed; and

30         (c)  Has satisfactorily completed specialized and

31  advanced module course work approved by the Florida Building


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  1  Commission, as part of the Building Code Training Program

  2  established in s. 553.841, specific to the discipline, and

  3  successfully completed the program's core curriculum courses

  4  or passed an equivalency test in lieu of taking the core

  5  curriculum courses and provided proof of completion of such

  6  curriculum courses or examination and obtained a certificate

  7  from the board pursuant to this part or, pursuant to

  8  authorization by the certifying authority, provides proof of

  9  completion of such curriculum or course work within 6 months

10  after such certification; and

11         (d)(c)  Has not had a license suspended or revoked

12  within the last 5 years.

13         Section 26.  Subsections (6) and (7) are added to

14  section 489.513, Florida Statutes, to read:

15         489.513  Registration; application; requirements.--

16         (6)  The local jurisdictions shall be responsible for

17  providing licensure information, code violation information

18  pursuant to s. 553.781, and disciplinary information on

19  locally licensed individuals to the board within 30 days after

20  licensure or any disciplinary action, and the board shall

21  maintain such licensure and disciplinary information as is

22  provided to them, and shall make such information available

23  through the automated information system provided pursuant to

24  s. 455.2286.

25         (7)  Neither the board nor the department assumes any

26  responsibility for providing discipline pursuant to having

27  provided the tracking registration.  Providing discipline to

28  such locally licensed individuals shall be the responsibility

29  of the local jurisdiction.  Failure to obtain a tracking

30  registration shall not be considered a violation of this

31  chapter.  However, a local jurisdiction requiring such


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  1  tracking registration may levy such penalties for failure to

  2  obtain the tracking registration as the local jurisdiction

  3  chooses to provide through local ordinance.

  4         Section 27.  Subsection (3) of section 489.517, Florida

  5  Statutes, is amended, and subsection (4) is added to said

  6  section, to read:

  7         489.517  Renewal of certificate or registration;

  8  continuing education.--

  9         (3)(a)  Each certificateholder or registrant shall

10  provide proof, in a form established by rule of the board,

11  that the certificateholder or registrant has completed at

12  least 14 classroom hours of at least 50 minutes each of

13  continuing education courses during each biennium since the

14  issuance or renewal of the certificate or registration. The

15  board shall by rule establish criteria for the approval of

16  continuing education courses and providers and may by rule

17  establish criteria for accepting alternative nonclassroom

18  continuing education on an hour-for-hour basis.

19         (b)  Each certificateholder or registrant shall provide

20  to the board proof of completion of the core curriculum

21  courses or passing the equivalency test of the Building Code

22  Training Program established under s. 553.841, specific to the

23  licensing category sought, within 2 years after commencement

24  of the program or of initial certification or registration,

25  whichever is later.  Classroom hours spent taking core

26  curriculum courses shall count toward the number required for

27  renewal of certificate or registration.  A certificateholder

28  or registrant who passes the equivalency test in lieu of

29  taking the core curriculum courses shall receive full credit

30  for core curriculum course hours.

31


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  1         (4)  The board shall require, by rule adopted pursuant

  2  to ss. 120.536(1) and 120.54, a specialized number of hours in

  3  specialized or advanced module courses, approved by the

  4  Florida Building Commission, on any portion of the Florida

  5  Building Code, adopted pursuant to part VII of chapter 553,

  6  relating to the contractor's respective discipline.

  7         Section 28.  Paragraph (i) of subsection (1) of section

  8  489.531, Florida Statutes, is amended to read:

  9         489.531  Prohibitions; penalties.--

10         (1)  A person may not:

11         (i)  Commence or perform work for which a building

12  permit is required pursuant to part VII of chapter 533 under

13  an adopted state minimum building code without the building

14  permit being in effect; or

15         Section 29.  Effective January 1, 2001, paragraph (i)

16  of subsection (1) of section 489.533, Florida Statutes, is

17  amended to read:

18         489.533  Disciplinary proceedings.--

19         (1)  The following acts shall constitute grounds for

20  disciplinary actions as provided in subsection (2):

21         (i)  Willfully or deliberately disregarding and

22  Violating the applicable building codes or laws of the state

23  or any municipality or county thereof.

24

25  For the purposes of this subsection, construction is

26  considered to be commenced when the contract is executed and

27  the contractor has accepted funds from the customer or lender.

28         Section 30.  Subsection (1) of section 489.5335,

29  Florida Statutes, is amended to read:

30         489.5335  Journeyman; reciprocity; standards.--

31


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  1         (1)  An individual who holds a valid, active journeyman

  2  license in the electrical trade issued by any county or

  3  municipality in this state may work as a journeyman in any

  4  other county or municipality of this state without taking an

  5  additional examination or paying an additional license fee, if

  6  he or she:

  7         (a)  Has scored at least 70 percent, or after October

  8  1, 1997, at least 75 percent, on a proctored journeyman Block

  9  and Associates examination or other proctored examination

10  approved by the board for the electrical trade;

11         (b)  Has completed an apprenticeship program registered

12  with the Department of Labor and Employment Security and

13  demonstrates 4 years' verifiable practical experience in the

14  electrical trade, or demonstrates 6 years' verifiable

15  practical experience in the electrical trade; and

16         (c)  Has satisfactorily completed specialized and

17  advanced module course work approved by the Florida Building

18  Commission, as part of the Building Code Training Program

19  established in s. 553.841, specific to the discipline, and

20  successfully completed the program's core curriculum courses

21  or passed an equivalency test in lieu of taking the core

22  curriculum courses and provided proof of completion of such

23  curriculum courses or examination and obtained a certificate

24  from the board pursuant to this part or, pursuant to

25  authorization by the certifying authority, provides proof of

26  completion of such curriculum or course work within 6 months

27  after such certification; and

28         (d)(c)  Has not had a license suspended or revoked

29  within the last 5 years.

30

31


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  1         Section 31.  Effective January 1, 2001, paragraph (d)

  2  of subsection (3) of section 489.537, Florida Statutes, is

  3  amended to read:

  4         489.537  Application of this part.--

  5         (3)  Nothing in this act limits the power of a

  6  municipality or county:

  7         (d)  To require one bond for each electrical contractor

  8  in an amount not to exceed $5,000, which bond shall be

  9  conditioned only upon compliance with the Florida applicable

10  state minimum Building Code and applicable local building code

11  requirements adopted pursuant to s. 553.73.  Any such bond

12  must be equally available to all electrical contractors

13  without regard to the period of time an electrical contractor

14  has been certified or registered and without regard to any

15  financial responsibility requirements.  Any such bonds shall

16  be payable to the Governor and filed in each county or

17  municipality in which a building permit is requested.  Bond

18  reciprocity shall be granted statewide. All such bonds shall

19  be included in meeting any financial responsibility

20  requirements imposed by any statute or rule.

21         (e)1.  To refuse to issue permits or issue permits with

22  specific conditions to a contractor who has committed multiple

23  violations, when he or she has been disciplined for each of

24  them by the board and when each disciplinary action has

25  involved revocation or suspension of a license, imposition of

26  an administrative fine of at least $1,000, or probation.

27         2.  To issue permits with specific conditions to a

28  contractor who, within the previous 12 months, has had final

29  action taken against him or her, by the department or by a

30  local board or agency which licenses contractors and has

31  reported the action pursuant to paragraph (5)(c), for engaging


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  1  in the business or acting in the capacity of a contractor

  2  without a license.

  3         Section 32.  Effective January 1, 2001, paragraph (d)

  4  of subsection (5) of section 500.459, Florida Statutes, is

  5  amended to read:

  6         500.459  Water vending machines.--

  7         (5)  OPERATING STANDARDS.--

  8         (d)  Each water vending machine must have a backflow

  9  prevention device that conforms with the applicable provision

10  of the Florida Building Code s. 553.06 and an adequate system

11  for collecting and handling dripping, spillage, and overflow

12  of water.

13         Section 33.  Subsection (1) of section 553.06, Florida

14  Statutes, is amended to read:

15         553.06  State Plumbing Code.--

16         (1)  The Florida Building Commission Board of Building

17  Codes and Standards shall, in accordance with the provisions

18  of chapter 120 and ss. 553.70-553.895, adopt the Standard

19  Plumbing Code, 1994 edition, as adopted at the October 1993

20  annual meeting of the Southern Building Code Congress

21  International, as the State Plumbing Code which shall be the

22  minimum requirements statewide for all installations, repairs,

23  and alterations to plumbing. The board may, in accordance with

24  the requirements of chapter 120, adopt all or parts of updated

25  or revised editions of the State Plumbing Code to keep abreast

26  of latest technological advances in plumbing and installation

27  techniques. Local governments which have adopted the South

28  Florida, One and Two Family Dwelling or EPCOT Plumbing Codes

29  may continue their use provided the requirements contained

30  therein meet or exceed the requirements of the State Plumbing

31  Code. Provided, however, nothing in this section shall alter


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  1  or diminish the authority of the Department of Business and

  2  Professional Regulation to conduct plan reviews, issue

  3  variances, and adopt rules regarding sanitary facilities in

  4  public lodging and public food service establishments pursuant

  5  to chapter 509, providing that such actions do not conflict

  6  with the requirements for public restrooms in s. 553.141.

  7         Section 34.  Effective January 1, 2001, subsection (2)

  8  of section 553.18, Florida Statutes, is amended to read:

  9         553.18  Scope.--

10         (2)  Local jurisdictions County, municipal, improvement

11  district, or state governing bodies may adopt and enforce

12  additional or more stringent standards or administrative

13  procedures and requirements than those prescribed by this

14  code, including but not limited to fees if the standards or

15  administrative procedures and requirements are in conformity

16  with standards set forth in the Florida Building Code s.

17  553.19.

18         Section 35.  Section 553.19, Florida Statutes, is

19  amended to read:

20         553.19  Adoption of electrical standards.--For the

21  purpose of establishing minimum electrical standards in this

22  state, the following standards are adopted:

23         (1)  "National Electrical Code 1990," NFPA No. 70-1990.

24         (2)  Underwriters' Laboratories, Inc., "Standards for

25  Safety, Electrical Lighting Fixtures, and Portable Lamps," UL

26  57-1982 and UL 153-1983.

27         (3)  Underwriters' Laboratories, Inc., "Standard for

28  Electric Signs," UL 48-1982.

29         (4)  The provisions of the following which prescribe

30  minimum electrical standards:

31         (a)  NFPA No. 56A-1978, "Inhalation Anesthetics 1978."


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  1         (b)  NFPA No. 56B-1982, "Respiratory Therapy 1982."

  2         (c)  NFPA No. 56C-1980, "Laboratories in Health-related

  3  Institutions 1980."

  4         (d)  NFPA No. 56D-1982, "Hyperbaric Facilities."

  5         (e)  NFPA No. 56F-1983, "Nonflammable Medical Gas

  6  Systems 1983."

  7         (f)  NFPA No. 76A-1984, "Essential Electrical Systems

  8  for Health Care Facilities 1984."

  9         (5)  Chapter 10D-29 of The rules and regulations of the

10  Department of Health and Rehabilitative Services, entitled

11  "Nursing Homes and Related Facilities Licensure."

12         (6)  The minimum standards for grounding of portable

13  electric equipment, chapter 8C-27 as recommended by the

14  Industrial Standards Section, Division of Workers'

15  Compensation, Department of Labor and Employment Security.

16

17  The Florida Building Commission shall update and maintain such

18  electrical standards consistent with the procedures

19  established in s. 553.73.

20         Section 36.  Effective January 1, 2001, part VII of

21  chapter 553, Florida Statutes, shall be entitled "Florida

22  Building Code."

23         Section 37.  Subsections (1), (3), and (5) of section

24  553.71, Florida Statutes, are amended to read:

25         553.71  Definitions.--As used in this part, the term:

26         (1)  "Commission Board" means the Florida Building

27  Commission Board of Building Codes and Standards created by

28  this part.

29         (3)  "State enforcement agency" means the agency of

30  state government with authority to make inspections of

31  buildings and to enforce the codes, as required by this part,


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  1  which establish standards for design, construction, erection,

  2  alteration, repair, modification, or demolition of public or

  3  private buildings, structures, or facilities.

  4         (5)  "Local enforcement agency" means an the agency of

  5  local government with authority to make inspections of

  6  buildings and to enforce the codes which establish standards

  7  for design, construction, erection, alteration, repair,

  8  modification, or demolition of public or private buildings,

  9  structures, or facilities.

10         Section 38.  Effective January 1, 2001, section 553.72,

11  Florida Statutes, is amended to read:

12         553.72  Intent.--

13         (1)  The purpose and intent of this act is to provide a

14  mechanism for the uniform promulgation, adoption, updating,

15  amendment, interpretation, and enforcement of a single,

16  unified state minimum building code, to be called the Florida

17  Building Code, codes which consists of a single set of

18  documents that apply to the design, construction, erection,

19  alteration, modification, repair, or demolition of public or

20  private buildings, structures, or facilities in this state and

21  to the enforcement of such requirements contain standards

22  flexible enough to cover all phases of construction and which

23  will allow effective and reasonable protection for public

24  safety, health, and general welfare for all the people of

25  Florida at the most reasonable cost to the consumer. The

26  Florida Building Code shall be organized to provide

27  consistency and simplicity of use. The Florida Building Code

28  shall be applied, administered, and enforced uniformly and

29  consistently from jurisdiction to jurisdiction. The Florida

30  Building Code shall provide for flexibility to be exercised in

31  a manner that meets minimum requirements, is affordable, does


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  1  not inhibit competition, and promotes innovation and new

  2  technology.

  3         (2)  It is the intent of the Legislature that local

  4  governments shall have the power to inspect all buildings,

  5  structures, and facilities within their jurisdictions in

  6  protection of the public health, safety, and welfare pursuant

  7  to chapters 125 and 166.

  8         (3)  It is the intent of the Legislature that the

  9  Florida Building Code be adopted, modified, updated,

10  interpreted, and maintained by the Florida Building Commission

11  in accordance with ss. 120.536(1) and 120.54 and enforced by

12  authorized state and local government enforcement agencies.

13         (4)  It is the intent of the Legislature that the

14  Florida Fire Prevention Code and the Life Safety Code of this

15  state be adopted, modified, updated, interpreted, and

16  maintained by the Department of Insurance in accordance with

17  ss. 120.536(1) and 120.54 and included by reference as

18  sections in the Florida Building Code.

19         (5)  It is the intent of the Legislature that there be

20  no conflicting requirements between the Florida Fire

21  Prevention Code and the Life Safety Code of the state and

22  other provisions of the Florida Building Code or conflicts in

23  their enforcement and interpretation.  Potential conflicts

24  shall be resolved through coordination and cooperation of the

25  State Fire Marshal and the Florida Building Commission as

26  provided by this part and chapter 633.

27         Section 39.  Subsections (3) and (9) of section 553.73,

28  Florida Statutes, are amended to read:

29         553.73  State Minimum Building Codes.--

30         (3)  The commission board may, by rule adopted in

31  accordance with the requirements of ss. 120.536(1) and 120.54


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  1  chapter 120, designate all or a part of an updated or revised

  2  version of a model code listed in subsection (2) as a State

  3  Minimum Building Code.

  4         (9)  Except within coastal building zones as defined in

  5  s. 161.54, specification standards developed by nationally

  6  recognized code promulgation organizations to determine

  7  compliance with s. 1606 1205 and the engineering design

  8  criteria of s. 1606 1205 of the Standard Building Code shall

  9  not apply to one or two family dwellings which are two stories

10  or less in height unless approved by the commission Board of

11  Building Codes and Standards for use or unless expressly made

12  subject to said standards and criteria by local ordinance

13  adopted in accordance with the provisions of subsection (4).

14         Section 40.  Effective January 1, 2001, section 553.73,

15  Florida Statutes, as amended by this act, is amended to read:

16         553.73  Florida State Minimum Building Code Codes.--

17         (1)(a)  The commission shall adopt, by rule pursuant to

18  ss. 120.536(1) and 120.54, the Florida Building Code which

19  shall contain or incorporate by reference all laws and rules

20  which pertain to and govern the design, construction,

21  erection, alteration, modification, repair, and demolition of

22  public and private buildings, structures, and facilities and

23  enforcement of such laws and rules, except as otherwise

24  provided in this section. By October 1, 1984, local

25  governments and state agencies with building construction

26  regulation responsibilities shall adopt a building code which

27  shall cover all types of construction.  Such code shall

28  include the provisions of parts I-V, VII, and VIII, relating

29  to plumbing, electrical requirements, glass, manufactured

30  buildings, accessibility by handicapped persons, and thermal

31  efficiency, and shall be in addition to the requirements set


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  1  forth in chapter 527, which pertains to liquefied petroleum

  2  gas.

  3         (b)  The technical portions of the Florida

  4  Accessibility Code for Building Construction shall be

  5  contained in its entirety in the Florida Building Code.  The

  6  civil rights portions and the technical portions of the

  7  accessibility laws of this state shall remain as currently

  8  provided by law.  Any revision or amendments to the Florida

  9  Accessibility Code for Building Construction pursuant to part

10  V shall be considered adopted by the commission as part of the

11  Florida Building Code.  Neither the commission nor any local

12  government shall revise or amend any standard of the Florida

13  Accessibility Code for Building Construction except as

14  provided for in part V.

15         (c)  The Florida Fire Prevention Code and the Life

16  Safety Code shall be referenced in the Florida Building Code,

17  but shall be adopted, modified, revised, or amended,

18  interpreted, and maintained by the Department of Insurance by

19  rule adopted pursuant to ss. 120.536(1) and 120.54. Nothing in

20  the Florida Building Code shall affect the statutory powers,

21  duties, and responsibilities of any fire official or the

22  Department of Insurance.

23         (d)  Conflicting requirements between the Florida

24  Building Code and the Florida Fire Prevention Code and Life

25  Safety Code of the state established pursuant to s. 633.022

26  and s. 633.025 shall be resolved by agreement between the

27  commission and the State Fire Marshal in favor of the

28  requirement that offers the greatest degree of life safety or

29  alternatives that would provide an equivalent degree of life

30  safety and an equivalent method of construction. If the

31  commission and State Fire Marshal are unable to agree on a


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  1  resolution, the question shall be referred to a mediator,

  2  mutually agreeable to both parties, to resolve the conflict in

  3  favor of the provision that offers the greatest life safety,

  4  or alternatives that would provide an equivalent degree of

  5  life safety and an equivalent method of construction.

  6         (e)(b)  Subject to the provisions of this act, In the

  7  event that a special act of the Legislature, passed prior or

  8  subsequent to January 1, 1978, places responsibility for

  9  enforcement, interpretation, and building construction

10  regulation of the Florida Building Code shall be vested in a

11  specified local board or agency, and the words "local

12  government" and "local governing body" as used in this part

13  shall be construed to refer exclusively to such local board or

14  agency.

15         (2)  The Florida Building Code shall contain provisions

16  or requirements for public and private buildings, structures,

17  and facilities relative to structural, mechanical, electrical,

18  plumbing, energy, and gas systems, existing buildings,

19  historical buildings, manufactured buildings, elevators,

20  coastal construction, lodging facilities, food sales and food

21  service facilities, health care facilities, public or private

22  educational facilities, swimming pools, and correctional

23  facilities and enforcement of and compliance with such

24  provisions or requirements. There is created the State Minimum

25  Building Codes which shall consist of the following nationally

26  recognized model codes:

27         (a)  Standard Building Codes, 1988 edition, pertaining

28  to building, plumbing, mechanical, and gas, and excluding fire

29  prevention;

30         (b)  EPCOT Code, 1982 edition;

31


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  1         (c)  One and Two Family Dwelling Code, 1986 edition;

  2  and

  3         (d)  The South Florida Building Code, 1988 edition.

  4

  5  Each local government and state agency with building

  6  construction regulation responsibilities shall adopt one of

  7  the State Minimum Building Codes as its building code, which

  8  shall govern the construction, erection, alteration, repair,

  9  or demolition of any building for which the local government

10  or state agency has building construction regulation

11  responsibility.  If the One and Two Family Dwelling Code is

12  adopted for residential construction, then one of the other

13  recognized model codes must be adopted for the regulation of

14  other residential and nonresidential structures. Provisions to

15  be contained within the Florida any State Minimum Building

16  Code are restricted to requirements related to the types of

17  materials used and construction methods and standards employed

18  in order to meet criteria specified in the Florida Building

19  Code minimum building codes. Provisions relating to the

20  personnel, supervision or training of personnel, or any other

21  professional qualification requirements relating to

22  contractors or their workforce may not be included within the

23  Florida a State Minimum Building Code, and subsection (4) is

24  not to be construed to allow the inclusion of such provisions

25  within the Florida any State Minimum Building Code by

26  amendment. This restriction applies to both initial

27  development and amendment of the Florida Building Code.

28         (3)  The commission shall select from available

29  national or international model building codes, or other

30  available building codes and standards currently recognized by

31  the laws of this state, to form the foundation for the Florida


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  1  Building Code. The commission may modify the selected model

  2  codes and standards as needed to accommodate the specific

  3  needs of this state.  Standards or criteria referenced by the

  4  selected model codes shall be similarly incorporated by

  5  reference.  If a referenced standard or criterion requires

  6  amplification or modification to be appropriate for use in

  7  this state, only the amplification or modification shall be

  8  specifically set forth in the Florida Building Code.  The

  9  commission shall incorporate within sections of the Florida

10  Building Code provisions which address regional and local

11  concerns and variations. The commission shall make every

12  effort to minimize conflicts between the Florida Building

13  Code, the Florida Fire Prevention Code, and the Life Safety

14  Code. The commission may, by rule adopted in accordance with

15  the requirements of ss. 120.536(1) and 120.54, designate all

16  or a part of an updated or revised version of a model code

17  listed in subsection (2) as a State Minimum Building Code.

18         (4)(a)  Local governments shall comply with applicable

19  standards for issuance of mandatory certificates of occupancy,

20  minimum types of inspections, and procedures for plans review

21  and inspections as established by the board by rule. Any

22  amendments to standards established by the Florida Building

23  Code pursuant to this paragraph shall be more stringent than

24  such standards and shall be transmitted to the commission

25  within 30 days after enactment.  The local government shall

26  make such amendments available to the general public in a

27  usable format.  The Department of Insurance is responsible for

28  establishing the standards and procedures required in this

29  paragraph for governmental entities with respect to applying

30  the Florida Fire Prevention and the Life Safety Code.

31


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  1         (b)  Local governments and state agencies with building

  2  construction regulation responsibilities may, subject to the

  3  limitations of this section, adopt amendments to the technical

  4  provisions of the Florida Building Code which apply solely

  5  within the jurisdiction of such government and which provide

  6  for more stringent requirements than those specified in the

  7  Florida State Minimum Building Code, not more than once every

  8  6 months, Codes provided:

  9         1.(a)  The local governing body determines, following a

10  public hearing which has been advertised in a newspaper of

11  general circulation at least 10 days before the hearing, that

12  there is a need to strengthen the requirements of the Florida

13  State Minimum Building Code Codes adopted by such governing

14  body. The determination must be based upon a review of local

15  conditions by the local governing body, which review

16  demonstrates that local conditions justify more stringent

17  requirements than those specified in the Florida State Minimum

18  Building Code Codes for the protection of life and property.

19         2.(b)  Such additional requirements are not

20  discriminatory against materials, products, or construction

21  techniques of demonstrated capabilities.

22         3.(c)  Such additional requirements may not introduce a

23  new subject not addressed in the Florida State Minimum

24  Building Code Codes.

25         4.  The enforcing agency shall make readily available,

26  in a usable format, all amendments adopted pursuant to this

27  section.

28         5.  Any amendment to the Florida Building Code shall be

29  transmitted within 30 days by the adopting local government to

30  the commission.  The commission shall maintain copies of all

31


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  1  such amendments in a format that is usable and obtainable by

  2  the public.

  3         6.  Any amendment to the Florida Building Code adopted

  4  by a local government pursuant to this paragraph shall be

  5  effective only until the adoption by the commission of the new

  6  edition of the Florida Building Code every third year.  At

  7  such time, the commission shall adopt such amendment as part

  8  of the Florida Building Code or rescind the amendment.  The

  9  commission shall immediately notify the respective local

10  government of the rescission of any amendment. After receiving

11  such notice, the respective local government may readopt the

12  rescinded amendment pursuant to the provisions of this

13  paragraph.

14         7.  Each county and municipality desiring to make local

15  technical amendments to the Florida Building Code shall by

16  interlocal agreement establish a countywide compliance review

17  board to review any amendment to the Florida Building Code,

18  adopted by a local government within the county pursuant to

19  this paragraph, that is challenged by any substantially

20  affected party for purposes of determining the amendment's

21  compliance with this paragraph.  If the compliance review

22  board determines such amendment is not in compliance with this

23  paragraph, the compliance review board shall notify such local

24  government of the noncompliance and that the amendment is

25  invalid and unenforceable until the local government corrects

26  the amendment to bring it into compliance. The local

27  government may appeal the decision of the compliance review

28  board to the commission.  If the compliance review board

29  determines such amendment to be in compliance with this

30  paragraph, any substantially affected party may appeal such

31  determination to the commission. Actions of the commission are


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  1  subject to judicial review pursuant to s. 120.68. The

  2  compliance review board shall determine whether its decisions

  3  apply to a respective local jurisdiction or apply countywide.

  4         8.  An amendment adopted under this paragraph shall

  5  include a fiscal impact statement which documents the costs

  6  and benefits of the proposed amendment.  Criteria for the

  7  fiscal impact statement shall include the impact to local

  8  government relative to enforcement, the impact to property and

  9  building owners, as well as to industry, relative to the cost

10  of compliance.  The fiscal impact statement may not be used as

11  a basis for challenging the amendment for compliance.

12         9.  In addition to subparagraphs 7. and 8., the

13  commission may review any amendments adopted pursuant to this

14  subsection and make nonbinding recommendations related to

15  compliance of such amendments with this subsection.

16         (c)  Any amendment adopted by a local enforcing agency

17  pursuant to this subsection shall not apply to state or school

18  district owned buildings, manufactured buildings approved by

19  the commission, or prototype buildings approved pursuant to s.

20  553.77(6).  The respective responsible entities shall consider

21  the physical performance parameters substantiating such

22  amendments when designing, specifying, and constructing such

23  exempt buildings.

24         (d)  Paragraphs (a), (b), and (c) apply to the

25  enforcing agency's adoption of more stringent requirements

26  than those specified in the State Minimum Building Codes and

27  to the adoption of building construction-related codes that

28  have the effect of amending building construction standards

29  contained in the State Minimum Building Codes.  Upon request,

30  the enforcing agency shall provide a person making application

31  for a building permit, or any state agency or board with


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  1  construction-related regulation responsibilities, a listing of

  2  all such requirements and codes.

  3         (5)  The commission, by rule adopted pursuant to ss.

  4  120.536(1) and 120.54, shall update the Florida Building Code

  5  every 3 years.  Once initially adopted and subsequently

  6  updated by the board, the Florida Building Code shall be

  7  deemed adopted for use statewide without adoptions by local

  8  government. When updating the Florida Building Code, the

  9  commission shall consider changes made by the adopting entity

10  of any selected model code for any model code incorporated

11  into the Florida Building Code by the commission, the

12  commission's own interpretations, declaratory statements,

13  appellate decisions, and approved statewide and local

14  technical amendments.

15         (6)(5)  It shall be the responsibility of each

16  municipality and county in the state and of each state agency

17  with statutory authority to regulate building construction to

18  enforce the provisions of the Florida specific model code of

19  the State Minimum Building Code Codes adopted by that

20  municipality, county, or agency, in accordance with the

21  provisions of s. 553.80.  If such responsibility has been

22  delegated to another unit of government pursuant to s.

23  553.79(9), the specific model code adopted by the delegate

24  shall apply and be enforced.

25         (7)(a)(6)  The commission may approve technical

26  amendments to the Florida Building Code once each year for

27  statewide application upon a finding that delaying the

28  application of the amendment would be contrary to the health,

29  safety, and welfare of the public or the amendment provides an

30  economic advantage to the consumer and that the amendment:

31


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  1         1.  Has a reasonable and substantial connection with

  2  the health, safety, and welfare of the general public.

  3         2.  Strengthens or improves the Florida Building Code,

  4  or in the case of innovation or new technology, will provide

  5  equivalent or better products or methods or systems of

  6  construction.

  7         3.  Does not discriminate against materials, products,

  8  methods, or systems of construction of demonstrated

  9  capabilities.

10         4.  Does not degrade the effectiveness of the Florida

11  Building Code.

12

13  Amendments approved under this paragraph shall be adopted by

14  rule pursuant to ss. 120.536(1) and 120.54.

15         (b)  A proposed amendment shall include a fiscal impact

16  statement which documents the costs and benefits of the

17  proposed amendment.  Criteria for the fiscal impact statement

18  shall be established by rule by the commission and shall

19  include the impact to local government relative to

20  enforcement, the impact to property and building owners, as

21  well as to industry, relative to the cost of compliance. The

22  specific model code of the State Minimum Building Codes

23  adopted by a municipality, county, or state agency shall

24  regulate every type of building or structure, wherever it

25  might be situated in the code enforcement jurisdiction;

26  however, such regulations shall not apply to nonresidential

27  farm buildings on farms; to temporary buildings or sheds used

28  exclusively for construction purposes; to mobile homes used as

29  temporary offices, except that the provisions of part V

30  relating to accessibility by handicapped persons shall apply

31  to such mobile homes used as temporary offices; or to any


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  1  construction exempted under s. 553.80(3) by an enforcement

  2  district or local enforcement agency. The codes may be divided

  3  into a number of segments, as determined by the municipality,

  4  county, or state agency. These segments may be identified as

  5  building, mechanical, electrical, plumbing, or fire prevention

  6  codes or by other titles as are deemed proper. However, the

  7  State Minimum Building Codes shall not contain a housing code;

  8  nor shall the state interpose in the area of local housing

  9  codes, except upon request originating from an enforcement

10  district or local enforcement agency.

11         (8)  The following buildings, structures, and

12  facilities may be exempted from the Florida Building Code as

13  provided by law and any further exemptions shall be as

14  determined by the Legislature and provided by law:

15         (a)  Buildings and structures specifically regulated

16  and preempted by the Federal Government.

17         (b)  Railroads and ancillary facilities associated with

18  the railroad.

19         (c)  Nonresidential farm buildings on farms.

20         (d)  Temporary buildings or sheds used exclusively for

21  construction purposes.

22         (e)  Mobile homes used as temporary offices, except

23  that the provisions of part V relating to accessibility by

24  persons with disabilities shall apply to such mobile homes.

25         (9)(7)(a)  In the event of a conflict between the

26  Florida applicable minimum Building Code and the Florida Fire

27  Prevention Code and the Life Safety applicable minimum

28  firesafety Code, the conflict it shall be resolved by

29  agreement between the local building code enforcement official

30  and the local fire code enforcement official in favor of the

31  requirement of the code which offers the greatest degree of


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  1  lifesafety or alternatives which would provide an equivalent

  2  degree of lifesafety and an equivalent method of construction.

  3         (b)  Any decision made by the local fire official and

  4  the local building official may be appealed to a local

  5  administrative board designated by the municipality, county,

  6  or special district having firesafety responsibilities.  If

  7  the decision of the local fire official and the local building

  8  official is to apply the provisions of either the Florida

  9  applicable minimum Building Code or the Florida Fire

10  Prevention Code and the Life Safety applicable minimum

11  firesafety Code, the board may not alter the decision unless

12  the board determines that the application of such code is not

13  reasonable.  If the decision of the local fire official and

14  the local building official is to adopt an alternative to the

15  codes, the local administrative board shall give due regard to

16  the decision rendered by the local officials and may modify

17  that decision if the administrative board adopts a better

18  alternative, taking into consideration all relevant

19  circumstances.  In any case in which the local administrative

20  board adopts alternatives to the decision rendered by the

21  local fire official and the local building official, such

22  alternatives shall provide an equivalent degree of lifesafety

23  and an equivalent method of construction as the decision

24  rendered by the local officials.

25         (c)  If In the event that the local building official

26  and the local fire official are unable to agree on a

27  resolution of the conflict between the Florida Building Code

28  and the Florida Fire Prevention Code and the Life Safety Code,

29  the local administrative board shall resolve the conflict in

30  favor of the code which offers the greatest degree of

31


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  1  lifesafety or alternatives which would provide an equivalent

  2  degree of lifesafety and an equivalent method of construction.

  3         (d)  The local administrative board shall, to the

  4  greatest extent possible, be composed of members with

  5  expertise in building construction and firesafety standards.

  6         (e)  All decisions of the local building official and

  7  local fire official and all decisions of the administrative

  8  board shall be in writing and shall be binding upon all

  9  persons but shall not limit the authority of the State Fire

10  Marshal or the Florida Building Commission pursuant to

11  paragraph(1)(d) and ss. 663.01, and s. 633.161.  Decisions of

12  general application shall be indexed by building and fire code

13  sections and shall be available for inspection during normal

14  business hours.

15         (10)(8)  Except within coastal building zones as

16  defined in s. 161.54, specification standards developed by

17  nationally recognized code promulgation organizations to

18  determine compliance with s. 1606 and the engineering design

19  criteria of s. 1606 of the Florida Standard Building Code for

20  wind load design shall not apply to one or two family

21  dwellings which are two stories or less in height unless

22  approved by the board of Building Codes and Standards for use

23  or unless expressly made subject to said standards and

24  criteria by local ordinance adopted in accordance with the

25  provisions of subsection (4).

26         (11)  The Florida Building Code does not apply to, and

27  no code enforcement action shall be brought with respect to,

28  zoning requirements, land use requirements, and owner

29  specifications or programmatic requirements which do not

30  pertain to and govern the design, construction, erection,

31  alteration, modification, repair, or demolition of public or


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  1  private buildings, structures, or facilities or to

  2  programmatic requirements that do not pertain to enforcement

  3  of the Florida Building Code.  Additionally, a local code

  4  enforcement agency may not administer or enforce the Florida

  5  Building Code to prevent the siting of any publicly owned

  6  facility, including, but not limited to, correctional

  7  facilities, juvenile justice facilities, or state

  8  universities, community colleges, or public education

  9  facilities, as provided by law.

10         (12)  In addition to the requirements of ss. 553.79 and

11  553.80, facilities subject to the provisions of chapter 395

12  and part II of chapter 400 shall have facility plans reviewed

13  and construction surveyed by the state agency authorized to do

14  so under the requirements of chapter 395 and part II of

15  chapter 400 and the certification requirements of the Federal

16  Government.

17         Section 41.  Section 553.74, Florida Statutes, is

18  amended to read:

19         553.74  Florida Building Commission State Board of

20  Building Codes and Standards.--

21         (1)  The Florida Building Commission There is created

22  and shall be located within the Department of Community

23  Affairs for administrative purposes the Board of Building

24  Codes and Standards. Members shall be appointed by the

25  Governor subject to confirmation by the Senate.  The

26  commission board shall be composed of 23 17 members,

27  consisting of the following:

28         (a)  One architect registered to practice in this state

29  and actively engaged in the profession.

30         (b)  One structural engineer registered to practice in

31  this state and actively engaged in the profession.


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  1         (c)  One mechanical contractor certified to do business

  2  in this state and actively engaged in the profession.

  3         (d)  One electrical contractor certified to do business

  4  in this state and actively engaged in the profession.

  5         (e)  One member from fire protection engineering or

  6  technology who is actively engaged in the profession.

  7         (f)  One general contractor certified to do business in

  8  this state and actively engaged in the profession.

  9         (g)  One plumbing contractor licensed to do business in

10  this state and actively engaged in the profession.

11         (h)  One roofing, sheet metal, or air-conditioning

12  contractor certified to do business in this state and actively

13  engaged in the profession.

14         (i)  One residential contractor licensed to do business

15  in this state and actively engaged in the profession.

16         (j)  Three members who are municipal or district codes

17  enforcement officials, one of whom is also a fire official.

18         (k)  One member who represents the Department of

19  Insurance a state agency, other than the Department of

20  Community Affairs, empowered by law to enforce building codes.

21         (l)  One member who is a county codes enforcement

22  official.

23         (m)  One member of a Florida-based organization of

24  handicapped persons with disabilities or a nationally

25  chartered organization of handicapped persons with

26  disabilities with chapters in this state.

27         (n)  One member of the manufactured buildings industry

28  who is licensed to do business in this state and is actively

29  engaged in the industry.

30

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  1         (o)  One mechanical or electrical engineer registered

  2  to practice in this state and actively engaged in the

  3  profession.

  4         (p)  One member who is a representative of a

  5  municipality or a charter county.

  6         (q)  One member of the building products manufacturing

  7  industry who is authorized to do business in this state and is

  8  actively engaged in the industry.

  9         (r)  One member who is a representative of the building

10  owners and managers industry who is actively engaged in

11  commercial building ownership or management.

12         (s)  One member who is a representative of the

13  insurance industry.

14         (t)  One member who is a representative of public

15  education.

16         (u)  One member who shall be the chair.

17         (2)  The first five board members appointed after

18  October 1, 1991, shall serve for terms of 3 years each.

19  Thereafter, All appointments shall be for terms of 4 years,

20  except that of the chair who shall shall serve at the pleasure

21  of the Governor. Each person who is a member of the Board of

22  Building Codes and Standards on the effective date of this act

23  shall serve the remainder of their term as a member of the

24  Florida Building Commission.  Except for the chair, newly

25  created positions on the Florida Building Commission shall be

26  appointed after February 1, 1999. A vacancy shall be filled

27  for the remainder of the unexpired term. Neither the architect

28  nor any of the above-named engineers shall be engaged in the

29  manufacture, promotion, or sale of any building materials; and

30  Any member who shall, during his or her term, cease to meet

31  the qualifications for original appointment, through ceasing


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  1  to be a practicing member of the profession indicated or

  2  otherwise, shall thereby forfeit membership on the commission

  3  board.

  4         Section 42.  Section 553.75, Florida Statutes, is

  5  amended to read:

  6         553.75  Organization of commission board; rules and

  7  regulations; meetings; staff; fiscal affairs.--

  8         (1)  Within 30 days after its appointment, The

  9  commission board shall meet on call of the secretary.  The

10  commission board shall at this time, and thereafter annually,

11  elect from its appointive members a chair and such officers as

12  it may choose.

13         (2)  The commission board shall meet at the call of its

14  chair, at the request of a majority of its membership, at the

15  request of the department, or at such times as may be

16  prescribed by its rules. The members shall be notified in

17  writing of the time and place of a regular or special meeting

18  at least 7 days in advance of the meeting.  A majority of

19  members of the commission board shall constitute a quorum.

20         (3)  The department shall be responsible for the

21  provision of administrative and staff support services

22  relating to the functions of the commission board.  With

23  respect to matters within the jurisdiction of the commission

24  board, the department shall be responsible for the

25  implementation and faithful discharge of all decisions of the

26  commission board made pursuant to its authority under the

27  provisions of this part.

28         Section 43.  Section 553.76, Florida Statutes, is

29  amended to read:

30         553.76  General powers of the commission board.--The

31  commission board is authorized to:


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  1         (1)  Promulgate, in cooperation with the department,

  2  rules and regulations for the administration of this part,

  3  pursuant to chapter 120.

  4         (2)  Provide rules of procedure for its internal

  5  management and control.

  6         (3)  Enter into contracts and do such things as may be

  7  necessary and incidental to the discharge of its

  8  responsibilities under this part.

  9         Section 44.  Effective January 1, 2001, subsections (4)

10  and (5) are added to section 553.76, Florida Statutes, as

11  amended by this act, to read:

12         553.76  General powers of the commission.--The

13  commission is authorized to:

14         (4)  Adopt rules pursuant to ss. 120.536(1) and 120.54

15  to implement the provisions of the Florida Building Code and

16  the provisions of this chapter.

17         (5)  Adopt and promote, in consultation with state and

18  local governments, other boards, advisory councils, and

19  commissions, such recommendations as are deemed appropriate to

20  determine and ensure consistent, effective and efficient

21  enforcement and compliance with the Florida Building Code,

22  including, but not limited to, voluntary professional

23  standards for the operation of building departments and for

24  personnel development.  Recommendations shall include, but not

25  be limited to, provisions for coordination among and between

26  local offices with review responsibilities and their

27  coordination with state or regional offices with special

28  expertise.

29         Section 45.  Section 553.77, Florida Statutes, is

30  amended to read:

31         553.77  Specific powers of the commission board.--


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  1         (1)  The commission board shall:

  2         (a)  Adopt rules and regulations or amendments thereto

  3  pursuant to ss. 120.536(1) and 120.54 in accordance with the

  4  procedures prescribed in chapter 120.

  5         (b)  Make a continual study of the operation of the

  6  State Minimum Building Codes and other laws relating to the

  7  construction of buildings, including manufactured buildings,

  8  to ascertain their effect upon the cost of building

  9  construction and determine the effectiveness of their

10  provisions.

11         (c)  Upon written application by a private party or a

12  local enforcement agency, issue declaratory statements

13  pursuant to s. 120.565 advisory opinions relating to new

14  technologies, techniques, and materials which have been tested

15  where necessary and found to meet the objectives of the State

16  Minimum Building Codes and the Florida Manufactured Building

17  Act of 1979.

18         (d)  Upon written application by a private party or a

19  local enforcement agency, issue declaratory statements

20  pursuant to s. 120.565 advisory opinions relating to the

21  interpretation, enforcement, administration, or modification

22  by local governments of the State Minimum Building Codes and

23  the Florida Manufactured Building Act of 1979.

24         (e)  Make recommendations to, and provide assistance

25  upon the request of, the Florida Commission on Human Relations

26  regarding rules relating to handicapped accessibility.

27         (f)  Coordinate and cooperate with the Florida Fire

28  Code Advisory Council created under s. 633.72, for assistance

29  and recommendations relating to firesafety code

30  interpretations.

31


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  1         (2)  Upon written application by a private party or a

  2  local enforcement agency, the commission board may also:

  3         (a)  Provide for the testing of materials, devices, and

  4  method of construction.

  5         (b)  Appoint experts, consultants, technical advisers,

  6  and advisory committees for assistance and recommendations

  7  relating to the State Minimum Building Codes.

  8         (c)  Appoint an advisory committee consisting of at

  9  least five plumbing contractors licensed to do business in

10  this state for assistance and recommendations relating to

11  plumbing code interpretations, if the commission board

12  identifies the need for additional assistance in making

13  decisions regarding the State Plumbing Code.

14         (3)  With respect to the qualification program for

15  special inspectors of threshold buildings as required by s.

16  553.79(5)(c), the commission board may prescribe initial and

17  annual renewal fees for certification, by rule, in accordance

18  with chapter 120.

19         (4)(a)  Upon written application by a private party,

20  the commission board shall issue a declaratory statement

21  pursuant to s. 120.565 binding opinion relating to a state

22  agency's interpretation and enforcement of the specific model

23  code adopted by the agency to regulate building construction

24  or relating to the conformity of new technologies, techniques,

25  and materials to the objectives of that model code.  The

26  provisions of this paragraph shall not be construed to provide

27  any powers to the commission board with respect to any

28  decision of the State Board of Education made pursuant to the

29  provisions of s. 235.26, to the State Fire Marshal made

30  pursuant to the provisions of chapter 633, to the Department

31  of Management Services made pursuant to the provisions of s.


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  1  255.25, or to any local government decision with respect to

  2  construction not subject to a state agency model code.

  3         (b)  Upon written applications by private parties or

  4  the enforcement agency, the commission board may issue

  5  declaratory statements pursuant to s. 120.565 binding opinions

  6  relating to the interpretation of ss. 553.71(7) and

  7  553.79(5)(a) and (c), (6)(a), (b), (d), and (e), and (7)(a)

  8  and (c).

  9         (c)  Each opinion issued pursuant to this section shall

10  be rendered in the same manner provided in s. 120.565,

11  relating to declaratory statements.

12         (5)  The commission board may designate a commission

13  board member with demonstrated expertise in interpreting

14  building plans to attend each meeting of the advisory council

15  created in s. 553.512.  The commission board member may vary

16  from meeting to meeting, shall serve on the council in a

17  nonvoting capacity, and shall receive per diem and expenses as

18  provided in s. 553.74(3).

19         Section 46.  Effective January 1, 2001, section 553.77,

20  Florida Statutes, as amended by this act, is amended to read:

21         553.77  Specific powers of the commission.--

22         (1)  The commission shall:

23         (a)  Adopt and update the Florida Building Code rules

24  and regulations or amendments thereto, pursuant to ss.

25  120.536(1) and 120.54.

26         (b)  Make a continual study of the operation of the

27  Florida State Minimum Building Code Codes and other laws

28  relating to the design, construction, erection, alteration,

29  modification, repair, or demolition of public or private of

30  buildings, structures, and facilities, including manufactured

31  buildings, and code enforcement, to ascertain their effect


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  1  upon the cost of building construction and determine the

  2  effectiveness of their provisions. Upon updating the Florida

  3  Building Code every 3 years, the commission shall review

  4  existing provisions of law and make recommendations to the

  5  Legislature for the next regular session of the Legislature

  6  regarding provisions of law that should be revised or repealed

  7  to ensure consistency with the Florida Building Code at the

  8  point the update goes into effect. State agencies and local

  9  jurisdictions shall provide such information as requested by

10  the commission for evaluation of the effectiveness of the

11  system of building code laws for reporting to the Legislature.

12  Any proposed legislation providing for the revision or repeal

13  of existing laws and rules relating to technical requirements

14  applicable to building structures or facilities should

15  expressly state that such legislation is not intended to imply

16  any repeal or sunset of existing general or special laws that

17  are not specifically identified in the legislation.

18         (c)  Upon written application by any substantially

19  affected person a private party or a local enforcement agency,

20  issue declaratory statements pursuant to s. 120.565 relating

21  to new technologies, techniques, and materials which have been

22  tested where necessary and found to meet the objectives of the

23  Florida State Minimum Building Code Codes and the Florida

24  Manufactured Building Act of 1979.

25         (d)  Upon written application by any substantially

26  affected person a private party or a local enforcement agency,

27  issue declaratory statements pursuant to s. 120.565 relating

28  to the interpretation, enforcement, administration, or

29  modification by local governments of the Florida State Minimum

30  Building Code Codes and the Florida Manufactured Building Act

31  of 1979.


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  1         (e)  When requested in writing by any substantially

  2  affected person or a local enforcing agency, shall issue

  3  declaratory statements pursuant to s. 120.565 relating to part

  4  VII of chapter 553, which shall apply prospectively only.

  5  Actions of the commission are subject to judicial review

  6  pursuant to s. 120.68.

  7         (f)(e)  Make recommendations to, and provide assistance

  8  upon the request of, the Florida Commission on Human Relations

  9  regarding rules relating to handicapped accessibility for

10  persons with disabilities.

11         (g)(f)  Participate Coordinate and cooperate with the

12  Florida Fire Code Advisory Council created under s. 633.72, to

13  provide for assistance and recommendations relating to

14  firesafety code interpretations. The administrative staff of

15  the commission shall attend meetings of the Florida Fire Code

16  Advisory Council and coordinate efforts to provide consistency

17  between the Florida Building Code and the Florida Fire

18  Prevention Code and the Life Safety Code.

19         (h)  Hear appeals of the decisions of local boards of

20  appeal regarding interpretation decisions of local building

21  officials, or if no local board exists, hear appeals of

22  decisions of the building officials regarding interpretations

23  of the code.  For such appeals:

24         1. Local decisions declaring structures to be unsafe

25  and subject to repair or demolition shall not be appealable to

26  the commission if the local governing body finds there is an

27  immediate danger to the health and safety of its citizens.

28         2. All appeals shall be heard in the county of the

29  jurisdiction defending the appeal.

30         3. Actions of the commission are subject to judicial

31  review pursuant to s. 120.68.


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  1         (2)  Upon written application by a private party or a

  2  local enforcement agency, the commission may also:

  3         (i)(a)  Determine the types of products requiring

  4  approval for local or statewide use and shall provide for the

  5  evaluation and approval testing of such products, materials,

  6  devices, and method of construction for statewide use.

  7  Evaluation and approval shall be by action of the commission

  8  or delegated pursuant to s. 553.84. This paragraph does not

  9  apply to products approved by the State Fire Marshal.

10         (j)(b)  Appoint experts, consultants, technical

11  advisers, and advisory committees for assistance and

12  recommendations relating to the major areas addressed in the

13  Florida State Minimum Building Code Codes.

14         (k)  Establish and maintain a mutual aid program,

15  organized through the department, to provide an efficient

16  supply of various levels of code enforcement personnel, design

17  professionals, commercial property owners, and construction

18  industry individuals, to assist in the rebuilding effort in an

19  area which has been hit with disaster.  The program shall

20  include provisions for:

21         1.  Minimum post-disaster structural, electrical, and

22  plumbing inspections and procedures.

23         2.  Emergency permitting and inspection procedures.

24         3.  Establishing contact with emergency management

25  personnel and other state and federal agencies.

26         (l)  Maintain a list of interested parties for noticing

27  rulemaking workshops and hearings, disseminating information

28  on code adoption, revisions, amendments, and all other such

29  actions which are the responsibility of the commission.

30         (m)  Coordinate with the state and local governments,

31  industry, and other affected stakeholders in the examination


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  1  of legislative provisions and make recommendations to fulfill

  2  the responsibility to develop a consistent, single code.

  3         (n)  Provide technical assistance to local building

  4  departments in order to implement policies, procedures, and

  5  practices which would produce the most cost effective property

  6  insurance ratings.

  7         (o)  Develop recommendations for local governments to

  8  use when pursuing partial or full privatization of building

  9  department functions. The recommendations shall include, but

10  not be limited to, provisions relating to equivalency of

11  service, conflict of interest, requirements for competency,

12  liability, insurance, and long-term accountability.

13         (c)  Appoint an advisory committee consisting of at

14  least five plumbing contractors licensed to do business in

15  this state for assistance and recommendations relating to

16  plumbing code interpretations, if the commission identifies

17  the need for additional assistance in making decisions

18  regarding the State Plumbing Code.

19         (2)(3)  With respect to the qualification program for

20  special inspectors of threshold buildings as required by s.

21  553.79(5)(c), the commission may prescribe initial and annual

22  renewal fees for certification, by rule, in accordance with

23  chapter 120.

24         (3)(4)(a)  Upon written application by any

25  substantially affected person a private party, the commission

26  shall issue a declaratory statement pursuant to s. 120.565

27  relating to a state agency's interpretation and enforcement of

28  the specific provisions of the Florida Building model Code

29  required under this section adopted by the agency to regulate

30  building construction or relating to the conformity of new

31  technologies, techniques, and materials to the objectives of


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  1  the Florida Building that model Code.  The provisions of this

  2  paragraph shall not be construed to provide any powers, other

  3  than advisory, to the commission with respect to any decision

  4  of the State Board of Education made pursuant to the

  5  provisions of s. 235.26, to the State Fire Marshal made

  6  pursuant to the provisions of chapter 633, to the Department

  7  of Management Services made pursuant to the provisions of s.

  8  255.25, or to any local government decision with respect to

  9  construction not subject to a state agency model code.

10         (b)  Upon written applications by private parties or

11  the enforcement agency, the commission may issue declaratory

12  statements pursuant to s. 120.565 relating to the

13  interpretation of ss. 553.71(7) and 553.79(5)(a) and (c),

14  (6)(a), (b), (d), and (e), and (7)(a) and (c).

15         (4)(5)  The commission may designate a commission

16  member with demonstrated expertise in interpreting building

17  plans to attend each meeting of the advisory council created

18  in s. 553.512.  The commission member may vary from meeting to

19  meeting, shall serve on the council in a nonvoting capacity,

20  and shall receive per diem and expenses as provided in s.

21  553.74(3).

22         (5)  For educational and public information purposes,

23  the commission shall develop and publish an informational and

24  explanatory document which contains descriptions of the roles

25  and responsibilities of the licensed design professional,

26  residential designer, contractor, and local building and fire

27  code officials. The State Fire Marshal shall be responsible

28  for developing and specifying roles and responsibilities for

29  fire code officials. Such document may also contain

30  descriptions of roles and responsibilities of other

31  participants involved in the building codes system.


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  1         (6)  The commission may provide for plans review and

  2  approval of prototype buildings owned by public entities to be

  3  replicated throughout the state.  Such approved plans or

  4  prototype buildings shall be exempt from further review

  5  required by s. 553.79(2), except changes to the prototype

  6  design, site plans, and other site related items, or any local

  7  amendment to any part of the Florida Building Code.

  8  Construction or erection of such prototype buildings are

  9  subject to local permitting and inspections pursuant to this

10  part.

11         Section 47.  Effective January 1, 2001, section

12  553.781, Florida Statutes, is created to read:

13         553.781  Licensee accountability.--

14         (1)  The Legislature finds that accountability for work

15  performed by design professionals and contractors is the key

16  to strong and consistent compliance with the Florida Building

17  Code and, therefore, protection of the public health, safety,

18  and welfare. The purpose of this section is to provide such

19  accountability.

20         (2)(a)  Upon a determination by a local jurisdiction

21  that a licensee, certificateholder, or registrant licensed

22  under chapters 455, 471, 481, or 489 has committed a material

23  violation of the Florida Building Code and failed to correct

24  the violation within a reasonable time, such local

25  jurisdiction shall impose a fine of no less than $500 and no

26  more than $5,000 per material violation.

27         (b)  If the licensee, certificateholder, or registrant

28  disputes the violation within 30 days following notification

29  by the local jurisdiction, the fine is abated and the local

30  jurisdiction shall report the dispute to the appropriate

31  professional licensing board for disciplinary investigation


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  1  and final disposition. If an administrative complaint is filed

  2  by the professional licensing board against the

  3  certificateholder or registrant, the commission may intervene

  4  in such proceeding. Any fine imposed by the professional

  5  licensing board, pursuant to matters reported by the local

  6  jurisdiction to the professional licensing board, shall be

  7  divided equally between the board and the local jurisdiction

  8  which reported the violation.

  9         (3)  The Department of Business and Professional

10  Regulation, as an integral part of the automated information

11  system provided under s. 455.2286, shall establish, and local

12  jurisdictions and state licensing boards shall participate in,

13  a system of reporting violations and disciplinary actions

14  taken against all licensees, certificateholders, and

15  registrants under this section that have been disciplined for

16  a violation of the Florida Building Code.  Such information

17  shall be available electronically. Any fines collected by a

18  local jurisdiction pursuant to subsection (2) shall be used

19  initially to help set up the parts of the reporting system for

20  which such local jurisdiction is responsible.  Any remaining

21  moneys shall be used solely for enforcing the Florida Building

22  Code, licensing activities relating to the Florida Building

23  Code, or education and training on the Florida Building Code.

24         (4)  Local jurisdictions shall maintain records,

25  readily accessible by the public, regarding material

26  violations and shall report such violations to the Department

27  of Business and Professional Regulation by means of the

28  reporting system provided in s. 455.2286.

29

30  For purposes of this section, a material code violation is a

31  violation that exists within a completed building, structure,


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  1  or facility which may reasonably result, or has resulted, in

  2  physical harm to a person or significant damage to the

  3  performance of a building or its systems.  Except when the

  4  fine is abated as provided in subsection (2), failure to pay

  5  the fine within 30 days shall result in a suspension of the

  6  licensee's, certificateholder's, or registrant's ability to

  7  obtain permits within this state until such time as the fine

  8  is paid. Such suspension shall be reflected on the automated

  9  information system under s. 455.2286.

10         Section 48.  Paragraphs (a) and (c) of subsection (5)

11  and subsection (15) of section 553.79, Florida Statutes, are

12  amended to read:

13         553.79  Permits; applications; issuance; inspections.--

14         (5)(a)  The enforcing agency shall require a special

15  inspector to perform structural inspections on a threshold

16  building pursuant to a structural inspection plan prepared by

17  the engineer or architect of record. The structural inspection

18  plan must be submitted to the enforcing agency prior to the

19  issuance of a building permit for the construction of a

20  threshold building.  The purpose of the structural inspection

21  plan is to provide specific inspection procedures and

22  schedules so that the building can be adequately inspected for

23  compliance with the permitted documents. The special inspector

24  shall inspect the shoring and reshoring for conformance with

25  the shoring and reshoring plans submitted to the enforcing

26  agency. A fee simple title owner of a building, which does not

27  meet the minimum size, height, occupancy, occupancy

28  classification, or number of stories criteria which would

29  result in classification as a threshold building under s.

30  553.71(7), may designate such building as a threshold

31


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  1  building, subject to more than the minimum number of

  2  inspections required by the Florida Building Code.

  3         (c)  The commission board shall, by rule, establish a

  4  qualification program for special inspectors and shall compile

  5  a list of persons qualified to be special inspectors.  Special

  6  inspectors shall not be required to meet standards for

  7  qualification other than those established by the commission

  8  board, nor shall the fee owner of a threshold building be

  9  prohibited from selecting any person qualified by the

10  commission board to be a special inspector.  The architect or

11  engineer of record may act as the special inspector provided

12  she or he is on the list of persons qualified to be special

13  inspectors.  School boards may utilize employees as special

14  inspectors provided such employees are on the list of persons

15  qualified to be special inspectors.

16         (15)  Certifications by contractors authorized under

17  the provisions of s. 489.115(4)(b) shall be considered

18  equivalent to sealed plans and specifications by a person

19  licensed under chapter 471 or chapter 481 by local enforcement

20  agencies for plans review for permitting purposes relating to

21  compliance with the wind resistance provisions of the code or

22  alternate methodologies approved by the commission board for

23  one and two family dwellings. Local enforcement agencies may

24  rely upon such certification by contractors that the plans and

25  specifications submitted conform to the requirements of the

26  code for wind resistance. Upon good cause shown, local

27  government code enforcement agencies may accept or reject

28  plans sealed by persons licensed under chapter 471, chapter

29  481, or chapter 489.

30         Section 49.  Effective January 1, 2001, subsections

31  (1), (2), (3), (4), (6), (9), (10), and (14) of section


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  1  553.79, Florida Statutes, are amended, and subsection (17) is

  2  added to said section, to read:

  3         553.79  Permits; applications; issuance; inspections.--

  4         (1)  After the effective date of the Florida State

  5  Minimum Building Code Codes adopted as herein provided, it

  6  shall be unlawful for any person, firm, or corporation, or

  7  governmental entity to construct, erect, alter, modify,

  8  repair, or demolish any building within this state without

  9  first obtaining a permit therefor from the appropriate

10  enforcing agency or from such persons as may, by appropriate

11  resolution or regulation of the authorized state or local

12  enforcing agency, be delegated authority to issue such

13  permits, upon the payment of such reasonable fees adopted by

14  the enforcing agency.  The enforcing agency is empowered to

15  revoke any such permit upon a determination by the agency that

16  the construction, erection, alteration, modification, repair,

17  or demolition of the building for which the permit was issued

18  is in violation of, or not in conformity with, the provisions

19  of the Florida State Minimum Building Code Codes.

20  Installation, replacement, removal, or metering of any load

21  management control device is exempt from and shall not be

22  subject to the permit process and fees otherwise required by

23  this section.

24         (2)  After January 1, 1988, No enforcing agency may

25  issue any permit for construction, erection, alteration,

26  modification, repair, or demolition until the local building

27  code administrator or inspector, in conjunction with the

28  appropriate firesafety inspector, has reviewed the plans and

29  specifications for such proposal and both officials have found

30  the plans to be in compliance with the Florida applicable

31  State Minimum Building Code Codes and the Florida Fire


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  1  Prevention Code and the Life Safety Code applicable firesafety

  2  standards as determined by the local authority in accordance

  3  with this chapter and chapter 633. Building plans approved

  4  pursuant to s. 553.77(6) and state-approved manufactured

  5  buildings are exempt from local codes enforcing agency plan

  6  reviews except for provisions of the code relating to

  7  erection, assembly, or construction at the site.  Erection,

  8  assembly, and construction at the site are subject to local

  9  permitting and inspections. Any building or structure which is

10  not subject to a firesafety code and any building or structure

11  which is exempt from the local building permit process shall

12  not be required to have its plans reviewed by the local

13  officials.  Industrial construction on sites where design,

14  construction, and firesafety are supervised by appropriate

15  design and inspection professionals and which contain adequate

16  in-house fire departments and rescue squads is exempt, subject

17  to local government option, from review of plans and

18  inspections, providing owners certify that applicable codes

19  and standards have been met and supply appropriate approved

20  drawings to local building and firesafety inspectors.  The

21  enforcing agency shall issue a permit to construct, erect,

22  alter, modify, repair, or demolish any building when the plans

23  and specifications for such proposal comply with the

24  provisions of the Florida State Minimum Building Code Codes

25  and the Florida Fire Prevention Code and the Life Safety Code

26  applicable firesafety standards as determined by the local

27  authority in accordance with this chapter and chapter 633.

28         (3)  Except as provided in this chapter, the Florida

29  State Minimum Building Code Codes, after the effective date of

30  their adoption pursuant to the provisions of this part, shall

31  supersede all other building construction codes or ordinances


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  1  in the state, whether at the local or state level and whether

  2  adopted by administrative regulation or by legislative

  3  enactment, unless such building construction codes or

  4  ordinances are more stringent than the State Minimum Building

  5  Codes and the conditions of s. 553.73(4) are met.  However,

  6  this subsection does not apply to the manufacture of mobile

  7  homes as defined by federal law chapter 320.  Nothing

  8  contained in this subsection shall be construed as nullifying

  9  or divesting appropriate state or local agencies of authority

10  to make inspections or to enforce the codes within their

11  respective areas of jurisdiction.

12         (4)  The Florida State Minimum Building Code Codes,

13  after the effective date of their adoption pursuant to the

14  provisions of this part, may be modified by local governments

15  to require more stringent standards than those specified in

16  the Florida State Minimum Building Code Codes, provided the

17  conditions of s. 553.73(4) are met.

18         (6)  No permit may be issued for any building

19  construction, erection, alteration, modification, repair, or

20  addition unless the applicant for such permit provides to the

21  enforcing agency which issues the permit any of the following

22  documents which apply to the construction for which the permit

23  is to be issued and which shall be prepared by or under the

24  direction of an engineer registered under chapter 471:

25         (a)  Electrical documents for any new building or

26  addition which requires an aggregate service capacity of 600

27  amperes (240 volts) or more on a residential electrical system

28  or 800 amperes (240 volts) or more on a commercial or

29  industrial electrical system and which costs more than

30  $50,000.

31


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  1         (b)  Plumbing documents for any new building or

  2  addition which requires a plumbing system with more than 250

  3  fixture units or which costs more than $50,000.

  4         (c)  Fire sprinkler documents for any new building or

  5  addition which includes a fire sprinkler system which contains

  6  50 or more sprinkler heads.  A Contractor I, Contractor II, or

  7  Contractor IV, certified under s. 633.521, may design a fire

  8  sprinkler system of 49 or fewer heads and may design the

  9  alteration of an existing fire sprinkler system if the

10  alteration consists of the relocation, addition, or deletion

11  of not more than 49 heads, notwithstanding the size of the

12  existing fire sprinkler system.

13         (d)  Heating, ventilation, and air-conditioning

14  documents for any new building or addition which requires more

15  than a 15-ton-per-system capacity which is designed to

16  accommodate 100 or more persons or for which the system costs

17  more than $50,000.  This paragraph does not include any

18  document for the replacement or repair of an existing system

19  in which the work does not require altering a structural part

20  of the building or for work on a residential one-family,

21  two-family, three-family, or four-family structure.

22         (e)  Any specialized mechanical, electrical, or

23  plumbing document for any new building or addition which

24  includes a medical gas, oxygen, steam, vacuum, toxic air

25  filtration, halon, or fire detection and alarm system which

26  costs more than $5,000.

27

28  Documents requiring an engineer seal by this part No such

29  document shall not be valid unless a professional engineer who

30  possesses a valid certificate of registration has signed,

31  dated, and stamped such document as provided in s. 471.025.


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  1         (9)  Any state agency with building construction

  2  responsibility may enter into an agreement with any other unit

  3  of government to delegate its responsibility to enforce the

  4  delegate's building code governing the construction, erection,

  5  alteration, repair, or demolition of any state building and is

  6  authorized to expend public funds for permit and inspection

  7  fees, which fees may be no greater than the fees charged

  8  others.

  9         (10)  An enforcing authority may not issue a building

10  permit for any building construction, erection, alteration,

11  modification, repair, or addition unless the permit either

12  includes on its face or there is attached to the permit the

13  following statement: "NOTICE: In addition to the requirements

14  of this permit, there may be additional restrictions

15  applicable to this property that may be found in the public

16  records of this county, and there may be additional permits

17  required from other governmental entities such as water

18  management districts, state agencies, or federal agencies."

19         (14)  A building permit for a single-family residential

20  dwelling must be issued within 30 working days of application

21  therefor unless unusual circumstances require a longer time

22  for processing the application or unless the permit

23  application fails to satisfy the Florida Building Code or the

24  enforcing agency's laws or, ordinances, or codes.

25         (17)  Notwithstanding any other provision of law, state

26  agencies responsible for the construction, erection,

27  alteration, modification, repair, or demolition of public

28  buildings, or the regulation of public and private buildings,

29  structures, and facilities, shall be subject to enforcement of

30  the Florida Building Code by local jurisdictions. This

31  subsection applies in addition to the jurisdiction and


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  1  authority of the Department of Insurance to inspect

  2  state-owned buildings. This subsection does not apply to the

  3  jurisdiction and authority of the Department of Agriculture

  4  and Consumer Services to inspect amusement rides or the

  5  Department of Insurance to inspect state owned buildings and

  6  boilers.

  7         Section 50.  Subsections (1) and (2) of section 553.80,

  8  Florida Statutes, are amended to read:

  9         553.80  Enforcement.--

10         (1)  It shall be the responsibility of each local

11  government, each legally constituted enforcement district, and

12  each state agency with statutory authority to regulate

13  building construction to enforce the building code adopted by

14  such body in accordance with s. 553.73, unless such

15  responsibility has been delegated to another unit of

16  government pursuant to s. 553.79(9). The governing bodies of

17  local governments may provide a schedule of fees for the

18  enforcement of the provisions of this part.  Such fees shall

19  be used solely for carrying out the local government's

20  responsibilities in enforcing the code. The authority of state

21  enforcing agencies to set fees for enforcement shall be

22  derived from authority existing on the effective date of this

23  act. However, nothing contained in this subsection shall

24  operate to limit such agencies from adjusting their fee

25  schedule in conformance with existing authority.

26         (2)  Except for charter counties, Any two or more

27  counties or municipalities, or any combination thereof, may,

28  in accordance with the provisions of chapter 163, governing

29  interlocal agreements, form an enforcement district for the

30  purpose of adopting, enforcing, and administering the

31  provisions of the State Minimum Building Codes.  Each district


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  1  so formed shall be registered with the department on forms to

  2  be provided for that purpose. Nothing in this subsection shall

  3  be construed to supersede provisions of county charters which

  4  preempt municipal authorities respective to building codes.

  5         Section 51.  Effective January 1, 2001, section 553.80,

  6  Florida Statutes, as amended by this act, is amended to read:

  7         553.80  Enforcement.--

  8         (1)  It shall be the responsibility of each local

  9  government and, each legally constituted enforcement district,

10  and each state agency with statutory authority to regulate

11  building construction to enforce the Florida Building Code

12  required by this part on all public or private buildings,

13  structures, and facilities adopted by such body in accordance

14  with s. 553.73, unless such responsibility has been delegated

15  to another unit of government pursuant to s. 553.79(9). The

16  governing bodies of local governments may provide a schedule

17  of fees, as authorized by s. 125.56(2) or s. 166.222 and this

18  section, for the enforcement of the provisions of this part.

19  Such fees shall be used solely for carrying out the

20  responsibilities of enforcing the Florida Building Code. The

21  authority of state enforcing agencies to set fees for

22  enforcement shall be derived from authority existing on the

23  effective date of this act. However, nothing contained in this

24  subsection shall operate to limit such agencies from adjusting

25  their fee schedule in conformance with existing authority.

26         (2)(a)  Any two or more counties or municipalities, or

27  any combination thereof, may, in accordance with the

28  provisions of chapter 163, governing interlocal agreements,

29  form an enforcement district for the purpose of adopting,

30  enforcing, and administering the provisions of the Florida

31  State Minimum Building Code Codes.  Each district so formed


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  1  shall be registered with the department on forms to be

  2  provided for that purpose. Nothing in this subsection shall be

  3  construed to supersede provisions of county charters which

  4  preempt municipal authorities respective to building codes.

  5         (b)  With respect to evaluation of design

  6  professionals' documents, if a local government finds it

  7  necessary, in order to enforce compliance with the Florida

  8  Building Code and issue a permit, to reject design documents

  9  required by the code three or more times for failure to

10  correct a code violation specifically and continuously noted

11  in each rejection, including, but not limited to, egress, fire

12  protection, structural stability, energy, accessibility,

13  lighting, ventilation, electrical, mechanical, plumbing, and

14  gas systems, or other requirements identified by rule of the

15  Florida Building Commission adopted pursuant to chapter 120,

16  the local government shall impose, each time after the third

17  such review the plans are rejected for that code violation, a

18  fee of four times the amount of the proportion of the permit

19  fee attributed to plans review.

20         (c)  With respect to inspections, if a local government

21  finds it necessary, in order to enforce compliance with the

22  Florida Building Code, to conduct any inspection after an

23  initial inspection and one subsequent reinspection of any

24  project or activity for the same code violation specifically

25  and continuously noted in each rejection, including, but not

26  limited to, egress, fire protection, structural stability,

27  energy, accessibility, lighting, ventilation, electrical,

28  mechanical, plumbing, and gas systems, or other requirements

29  identified by rule of the Florida Building Commission adopted

30  pursuant to chapter 120, the local government shall impose a

31  fee of four times the amount of the fee imposed for the


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  1  initial inspection or first reinspection, whichever is

  2  greater, for each such subsequent reinspection.

  3         (3)  Each enforcement district shall be governed by a

  4  board, the composition of which shall be determined by the

  5  affected localities.  At its own option each enforcement

  6  district or local enforcement agency may promulgate rules

  7  granting to the owner of a single-family residence one or more

  8  exemptions from the Florida State Minimum Building Code Codes

  9  relating to:

10         (a)  Addition, alteration, or repairs performed by the

11  property owner upon his or her own property, provided any

12  addition or alteration shall not exceed 1,000 square feet or

13  the square footage of the primary structure, whichever is

14  less.

15         (b)  Addition, alteration, or repairs by a nonowner

16  within a specific cost limitation set by rule, provided the

17  total cost shall not exceed $5,000 within any 12-month period.

18         (c)  Building and inspection fees.

19

20  Each code exemption, as defined in paragraphs (a), (b), and

21  (c), shall be certified to the local board 10 days prior to

22  implementation and shall only be effective in the territorial

23  jurisdiction of the enforcement district or local enforcement

24  agency implementing it.

25         (4)  When an enforcement district has been formed as

26  provided herein, upon its registration with the department, it

27  shall have the same authority and responsibility with respect

28  to building codes as provided by this part for local governing

29  bodies.

30         (5)  State and regional agencies with special expertise

31  in building code standards and licensing of contractors and


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  1  design professionals shall provide support to local

  2  governments upon request.

  3         (6)  Notwithstanding any other provision of law, state

  4  universities, community colleges, and public school districts

  5  shall be subject to enforcement of the Florida Building Code

  6  pursuant to this part.

  7         (a)  State universities, state community colleges, or

  8  public school districts shall conduct plan review and

  9  construction inspections to enforce building code compliance

10  for their building projects that are subject to the Florida

11  Building Code. Such entities shall have personnel

12  appropriately certified under part XII of chapter 468 perform

13  the plan reviews and inspections required by the code. Under

14  such arrangements, such entities shall not be subject to local

15  government permitting requirements, plans review, and

16  inspection fees. State universities, state community colleges,

17  and public school districts shall be liable and responsible

18  for all of their buildings, structures, and facilities.

19  Nothing in this paragraph shall be construed to limit the

20  authority of the county, municipality, or code enforcement

21  district to ensure that buildings, structures, and facilities

22  owned by such entities comply with the Florida Building Code

23  or to limit the authority and responsibility of the fire

24  official to conduct firesafety inspections pursuant to chapter

25  633.

26         (b)  If a state university, state community college, or

27  public school district elects to use a local government's code

28  enforcement offices:

29         1.  Fees charged by counties and municipalities for

30  enforcement of the Florida Building Code on buildings,

31  structures, and facilities of state universities, state


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  1  colleges, and public school districts shall not be more than

  2  the actual labor and administrative costs incurred for plans

  3  review and inspections to ensure compliance with the code.

  4         2.  Counties and municipalities shall expedite building

  5  construction permitting, building plans review, and

  6  inspections of projects of state universities, state community

  7  colleges, and public school districts which are subject to the

  8  Florida Building Code according to guidelines established by

  9  the Florida Building Commission.

10         (c)  The Florida Building Commission and code

11  enforcement jurisdictions shall consider balancing code

12  criteria and enforcement to unique functions, where they

13  occur, of research institutions by application of performance

14  criteria in lieu of prescriptive criteria.

15

16  Nothing in this part shall be construed to authorize counties,

17  municipalities, or code enforcement districts to conduct any

18  permitting, plans review, or inspections not covered by the

19  Florida Building Code. Any actions by counties or

20  municipalities not in compliance with this part may be

21  appealed to the Florida Building Commission. The commission,

22  upon a determination that actions not in compliance with this

23  part have delayed permitting or construction, may suspend the

24  authority of a county, municipality, or code enforcement

25  district to enforce the Florida Building Code on the

26  buildings, structures, or facilities of a state university,

27  state community college, or public school district and provide

28  for code enforcement at the expense of the state university,

29  state community college, or public school district.

30         Section 52.  Section 553.841, Florida Statutes, is

31  created to read:


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  1         553.841  Building code training program; participant

  2  competency requirements.--

  3         (1)  The Legislature finds that the effectiveness of

  4  the building codes of this state depends on the performance of

  5  all participants, as demonstrated through knowledge of the

  6  codes and commitment to compliance with code directives and

  7  that to strengthen compliance by industry and enforcement by

  8  government, a Building Code Training Program is needed.

  9         (2)  The commission shall establish the Building Code

10  Training Program to develop and provide a core curriculum and

11  advance module courses relating to the Florida Building Code

12  and a system of administering and enforcing the Florida

13  Building Code.

14         (3)  The program shall be developed, implemented, and

15  administered by the commission in consultation with the

16  Department of Education, the Department of Community Affairs,

17  the Department of Business and Professional Regulation, the

18  State University System, and the Division of Community

19  Colleges.

20         (4)  The commission may enter into contracts with the

21  Department of Education, the State University System, the

22  Division of Community Colleges, model code organizations,

23  professional organizations, vocational-technical schools,

24  trade organizations, and private industry to administer the

25  program.

26         (5)  The program shall be affordable, accessible,

27  meaningful, financially self-sufficient and shall make maximum

28  use of existing sources, systems, institutions, and programs

29  available through private sources.

30         (6)  The commission, in coordination with the

31  Department of Community Affairs, the Department of Business


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  1  and Professional Regulation, the respective licensing boards,

  2  and the State Fire Marshal shall develop or cause to be

  3  developed:

  4         (a)  A core curriculum which is prerequisite to all

  5  specialized and advanced module course work.

  6         (b)  A set of specialized and advanced modules

  7  specifically designed for use by each profession.

  8         (7)  The core curriculum shall cover the information

  9  required to have all categories of participants appropriately

10  informed as to their technical and administrative

11  responsibilities in the effective execution of the code

12  process by all individuals currently licensed under part XII

13  of chapter 468 or chapters 471, 481, or 489, except as

14  otherwise provided in s. 471.017.  The core curriculum shall

15  be prerequisite to the advanced module course work for all

16  licensees and shall be completed by individuals licensed in

17  all categories under part XII of chapter 468 or chapters 471,

18  481, or 489 within the first 2-year period after establishment

19  of the program. Core course hours taken by licensees to

20  complete this requirement shall count toward fulfillment of

21  required continuing education units under part XII of chapter

22  468 or chapters 471, 481, or 489.

23         (8)  The commission, in consultation with the

24  Department of Business and Professional Regulation and the

25  respective licensing boards, shall develop or cause to be

26  developed an equivalency test for each category of licensee.

27  Such test may be taken in lieu of the core curriculum. A

28  passing score on the test shall be equivalent to completion of

29  the core curriculum and shall be credited toward the required

30  number of hours of continuing education.

31


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  1         (9)  The commission, in consultation with the

  2  Department of Business and Professional Regulation, shall

  3  develop or cause to be developed, or approve as a part of the

  4  program,  a core curriculum and specialized or advanced module

  5  course work for the construction workforce, including, but not

  6  limited to, superintendents, journeymen, and residential

  7  designers.

  8         (10)  The respective state boards under part XII of

  9  chapter 468, chapters 471, 481, and 489, and the State Fire

10  Marshal under chapter 633, shall require specialized or

11  advanced course modules as part of their regular continuing

12  education requirements.

13         Section 53.  (1)  The commission, in consultation with

14  the respective professional licensing boards within the

15  Department of Business and Professional Regulation, the

16  Department of Education, the Department of Labor and

17  Employment Security, the State University System, Community

18  Colleges, and the entity administering the Code Training

19  Program, shall develop a program and standards for providing

20  entry level construction workers:

21         (a)  Long-term training intended to produce crafts

22  people who are competent to perform all tasks associated with

23  a specific trade.

24         (b)  Short-term intensive training intended to teach

25  specific skills within a trade.

26         (c)  Brief in-service training intended to inform

27  workers regarding new code requirements, construction

28  techniques, and materials.

29         (2)  The commission, in consultation with the

30  respective licensing boards within the Department of Business

31  and Professional Regulation, the Department of Education, the


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  1  State University System, the Division of Community Colleges,

  2  and the Department of Labor and Employment Security, shall

  3  develop a proposed method of implementing the training

  4  programs in subsection (1) that is a combination of:

  5         (a)  Mandatory licensing which enforces initial

  6  qualification requirements and continuing education

  7  requirements.

  8         (b)  Mandatory training which establishes and enforces

  9  training standards.

10         (c)  Voluntary training not enforced by a government

11  agency.

12         (3)  The commission shall present the implementation

13  proposal to the Legislature in a report no later than January

14  31, 2000.

15         Section 54.  Section 553.842, Florida Statutes, is

16  created to read:

17         553.842  Product evaluation and approval.--

18         (1)  The commission may adopt rules pursuant to ss.

19  120.536(1) and 120.54 to develop and implement a product

20  evaluation and approval system to operate in coordination with

21  the Florida Building Code.  The product evaluation and

22  approval system shall provide:

23         (a)  Appropriate promotion of innovation and new

24  technologies.

25         (b)  Processing submittals of products from

26  manufacturers in a timely manner.

27         (c)  Independent, third-party qualified and accredited

28  testing and laboratory facilities.

29         (d)  An easily accessible product acceptance list to

30  entities subject to the Florida Building Code.

31


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  1         (e)  Development of stringent but reasonable testing

  2  criteria based upon existing consensus standards, when

  3  available, for products.

  4         (f)  Long-term approvals, where feasible.

  5         (g)  Recall or revocation of a product approval.

  6         (h)  Cost effectiveness.

  7         (2)  The product evaluation and approval system shall

  8  rely on regional, national, and international consensus

  9  standards, whenever adopted by the Florida Building Code, for

10  demonstrating compliance with code standards.  Other standards

11  which meet or exceed established state requirements shall also

12  be considered.

13         (3)  Products or methods or systems of construction

14  required to be approved and certified by an approved product

15  evaluation entity as complying with the standards specified by

16  the code shall be permitted to be used statewide, without

17  further evaluation or approval.

18         (4)  Products may be approved either by the commission

19  for statewide use, or by a local building department for use

20  in that department's jurisdiction only. Notwithstanding a

21  local government's authority to amend the Florida Building

22  Code as provided in this act, statewide approval shall

23  preclude local jurisdictions from requiring further testing,

24  evaluation, or submission of other evidence as a condition of

25  using the product so long as the product is being used

26  consistent with the conditions of its approval.

27         (5)  Statewide and local approval of products or

28  methods or systems of construction shall be achieved by:

29         (a)  Submittal and validation of a product evaluation

30  report from an approved product evaluation entity indicating

31  the product or method or system of construction was tested to


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  1  be in compliance with the Florida Building Code or with the

  2  intent of the Florida Building Code and the product or method

  3  or system of construction is, for the purpose intended, at

  4  least equivalent of that required by the Florida Building

  5  Code; or

  6         (b)  Submittal and validation of a product evaluation

  7  report or rational analysis which is signed and sealed by a

  8  professional engineer or architect, licensed in this state,

  9  who has no conflict of interest, as determined by national

10  guidelines, who certifies that the product or method or system

11  of construction is, for the purpose intended, at least

12  equivalent of that required by the Florida Building Code.  Any

13  product approved under this procedure shall be required to be

14  manufactured under a quality assurance program, certified by

15  an approved product evaluation entity.

16         (6)  A building official may deny the local application

17  of a product or method or system of construction which has

18  received statewide approval, based upon a written report

19  signed by the official that concludes the product application

20  is inconsistent with the statewide approval and that states

21  the reasons the application is inconsistent.  Such denial is

22  subject to the provisions of s. 553.77.

23         (7)  Products, other than manufactured buildings, which

24  are custom fabricated or assembled shall not require separate

25  approval under this section provided the component parts have

26  been approved for the fabricated or assembled product's use

27  and the components meet the standards and requirements of the

28  Florida Building Code which applies to the products's intended

29  use.

30         (8)  A building official may appeal the required

31  approval for local use of a product or method or system of


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  1  construction to the commission.  The commission shall

  2  establish expedited procedures to handle such appeals.

  3         (9)  The decisions of local building officials shall be

  4  appealable to the local board of appeals, if such board

  5  exists, then to the commission. Decisions of the commission

  6  regarding statewide product approvals and appeals of local

  7  product approval shall be subject to judicial review pursuant

  8  to s. 120.68.

  9         (10)  The commission shall maintain a list of the

10  approved products and product evaluation entities and make

11  such list available in the most cost effective manner.  The

12  commission shall establish reasonable time frames associated

13  with the product approval process and availability of the

14  list.

15         (11)  The commission may establish reasonable and

16  appropriate fees for the review of rational analyses and

17  certification of manufactured buildings submitted pursuant to

18  this section and may enter into any contracts the commission

19  deems necessary in order to implement this section.

20         (12)  Products certified or approved for statewide or

21  local use by an approved product evaluation entity prior to

22  the effective date of this act shall be deemed to be approved

23  for use in this state pursuant to this section and to comply

24  with this section.

25

26  For purposes of this section, an approved product evaluation

27  entity is an entity that has been accredited by a nationally

28  recognized independent evaluation authority or entity

29  otherwise approved by the commission.

30         Section 55.  Section 553.905, Florida Statutes, is

31  amended to read:


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  1         553.905  Thermal efficiency standards for new

  2  residential buildings.--Thermal designs and operations for new

  3  residential buildings for which building permits are obtained

  4  after March 15, 1979, shall at a minimum take into account

  5  exterior envelope physical characteristics, HVAC system

  6  selection and configuration, HVAC equipment performance, and

  7  service water heating design and equipment selection and shall

  8  not be required to meet standards more stringent than the

  9  provisions of the Florida Energy Efficiency Code for Building

10  Construction.  HVAC equipment mounted in an attic or a garage

11  shall not be required to have supplemental insulation in

12  addition to that installed by the manufacturer.  All new

13  residential buildings, except those herein exempted, shall

14  have insulation in ceilings rated at R-19 or more, space

15  permitting. Thermal efficiency standards do not apply to a

16  building of less than 1,000 square feet which is not primarily

17  used as a principal residence and which is constructed and

18  owned by a natural person for hunting or similar recreational

19  purposes; however, no such person may build more than one

20  exempt building in any 12-month period.

21         Section 56.  Effective January 1, 2001, paragraph (c)

22  of subsection (2) of section 627.351, Florida Statutes, is

23  amended to read:

24         627.351  Insurance risk apportionment plans.--

25         (2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--

26         (c)  The provisions of paragraph (b) are applicable

27  only with respect to:

28         1.  Those areas that were eligible for coverage under

29  this subsection on April 9, 1993; or

30         2.  Any county or area as to which the department,

31  after public hearing, finds that the following criteria exist:


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  1         a.  Due to the lack of windstorm insurance coverage in

  2  the county or area so affected, economic growth and

  3  development is being deterred or otherwise stifled in such

  4  county or area, mortgages are in default, and financial

  5  institutions are unable to make loans;

  6         b.  The county or area so affected has adopted and is

  7  enforcing the structural requirements of the Florida State

  8  Minimum Building Code Codes, as defined in s. 553.73, for new

  9  construction and has included adequate minimum floor elevation

10  requirements for structures in areas subject to inundation;

11  and

12         c.  Extending windstorm insurance coverage to such

13  county or area is consistent with and will implement and

14  further the policies and objectives set forth in applicable

15  state laws, rules, and regulations governing coastal

16  management, coastal construction, comprehensive planning,

17  beach and shore preservation, barrier island preservation,

18  coastal zone protection, and the Coastal Zone Protection Act

19  of 1985.

20

21  The department shall consider reports of the Florida Building

22  Commission when evaluating building code enforcement. Any time

23  after the department has determined that the criteria referred

24  to in this subparagraph do not exist with respect to any

25  county or area of the state, it may, after a subsequent public

26  hearing, declare that such county or area is no longer

27  eligible for windstorm coverage through the plan.

28         Section 57.  Effective January 1, 2001, subsection (1)

29  of section 633.01, Florida Statutes, is amended, and

30  subsections (7) and (8) are added to said section, to read:

31         633.01  State Fire Marshal; powers and duties; rules.--


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  1         (1)  The head of the Department of Insurance shall be

  2  designated as "State Fire Marshal."  The State Fire Marshal

  3  shall make and promulgate all rules necessary to implement the

  4  provisions of this chapter which grant powers and impose

  5  duties on the State Fire Marshal and to effectuate the

  6  enforcement of such powers and duties.  However, The

  7  department shall not adopt the Florida Fire Prevention Code

  8  and the Life Safety Code minimum firesafety standards, except

  9  to the extent required by s. 394.879.

10         (7)  It is the intent of the Legislature that there are

11  to be no conflicting requirements between the Florida Fire

12  Prevention Code and the Life Safety Code authorized by this

13  chapter and the provisions of the Florida Building Code or

14  conflicts in their enforcement and interpretation.  Potential

15  conflicts shall be resolved through coordination and

16  cooperation of the State Fire Marshal and the Florida Building

17  Commission as provided by this chapter and part VII of chapter

18  553.

19         (8)  The Department of Insurance shall issue, when

20  requested in writing by any substantially affected person or a

21  local enforcing agency, declaratory statements pursuant to s.

22  120.565 relating to the Florida Fire Prevention Code and the

23  Life Safety Code.  Such declaratory statements shall apply

24  prospectively, except whenever the State Fire Marshal

25  determines that a serious threat to life exists that warrants

26  retroactive application.

27         Section 58.  Effective January 1, 2001, section

28  633.0215, Florida Statutes, is created to read:

29         633.0215  Florida Fire Prevention Code.--

30         (1)  The department shall adopt, by rule pursuant to

31  ss. 120.536(1) and 120.54, the Florida Fire Prevention Code


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  1  which shall contain or incorporate by reference all firesafety

  2  laws and rules that pertain to and govern the design,

  3  construction, erection, alteration, modification, repair, and

  4  demolition of public and private buildings, structures, and

  5  facilities and the enforcement of such firesafety laws and

  6  rules.

  7         (2)  The department shall adopt the National Fire

  8  Protection Association's Standard 1, Fire Prevention Code.

  9  The department shall adopt the Life Safety Code, Pamphlet 101,

10  current editions, by reference.  The department may modify the

11  selected codes and standards as needed to accommodate the

12  specific needs of the state.  Standards or criteria in the

13  selected codes shall be similarly incorporated by reference.

14  The department shall incorporate within sections of the

15  Florida Fire Prevention Code provisions that address uniform

16  fire safety standards as established in s. 633.022.  The

17  department shall incorporate within sections of the Florida

18  Fire Prevention Code provisions addressing regional and local

19  concerns and variations.

20         (3)  Any local amendment to the Florida Fire Prevention

21  Code adopted by a local government shall be effective only

22  until the adoption by the department of the new edition of the

23  Florida Fire Prevention Code, which shall be every third year.

24  At such time, the department shall adopt such amendment as

25  part of the Florida Fire Prevention Code or rescind the

26  amendment.  The department shall immediately notify the

27  respective local government of the rescission of the

28  amendment. After receiving such notice, the respective local

29  government may readopt the rescinded amendment.  Incorporation

30  of local amendments as regional and local concerns and

31  variations shall be considered as adoption of an amendment


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  1  pursuant to this part.  Notwithstanding other state or local

  2  building and construction code laws to the contrary, locally

  3  adopted fire code requirements that were in existence on the

  4  effective date of this section shall be deemed local

  5  variations of the Florida Fire Prevention Code until the

  6  department takes action to adopt or rescind such requirements

  7  as provided herein and such action shall take place no later

  8  than January 1, 2001.

  9         (4)  The department shall update, by rule adopted

10  pursuant to ss. 120.536(1) and 120.54, the Florida Fire

11  Prevention Code every 3 years.  Once initially adopted and

12  subsequently updated by the department, the Florida Fire

13  Prevention Code and the Life Safety Code shall be adopted for

14  use statewide without adoptions by local governments.  When

15  updating the Florida Fire Prevention Code and the most recent

16  edition of the Life Safety Code, the department shall consider

17  changes made by the national model fire codes incorporated

18  into the Florida Fire Prevention Code, the department's own

19  interpretations, declaratory statements, appellate decisions,

20  and approved statewide and local technical amendments.

21         (5)  The department may approve technical amendments

22  notwithstanding the 3-year update cycle of the Florida Fire

23  Prevention Code upon finding that a threat to life exists that

24  would warrant such action, subject to chapter 120.

25         (6)  The Florida Fire Prevention Code does not apply

26  to, and no code enforcement action shall be brought with

27  respect to, zoning requirements or land use requirements.

28  Additionally, a local code enforcement agency may not

29  administer or enforce the Florida Fire Prevention Code to

30  prevent the siting of any publicly owned facility, including,

31  but not limited to, correctional facilities, juvenile justice


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  1  facilities, or state universities, community colleges, or

  2  public education facilities.  This section shall not be

  3  construed to prohibit local government from imposing built-in

  4  fire protection systems or fire-related infrastructure

  5  requirements needed to properly protect the intended facility.

  6         Section 59.  Effective January 1, 2001, section

  7  633.025, Florida Statutes, is amended to read:

  8         633.025  Minimum firesafety standards.--

  9         (1)  The Florida Fire Prevention Code and the Life

10  Safety Code adopted by the Department of Insurance, Each

11  municipality, county, and special district with firesafety

12  responsibilities shall adopt minimum firesafety standards

13  which shall operate in conjunction with the Florida state

14  minimum Building Code, shall be deemed adopted by each

15  municipality, county, and special district with firesafety

16  responsibilities such local jurisdiction as required by s.

17  553.73.  The minimum firesafety codes standards shall not

18  apply to buildings and structures subject to the uniform

19  firesafety standards under s. 633.022 and buildings and

20  structures subject to the minimum firesafety standards adopted

21  pursuant to s. 394.879.

22         (2)  Pursuant to subsection (1), each municipality,

23  county, and special district with firesafety responsibilities

24  shall adopt and enforce the Florida Fire Prevention Code and

25  the Life Safety Code codes specified in paragraph (a),

26  paragraph (b), paragraph (c), or paragraph (d) as the minimum

27  firesafety code required by this section:

28         (a)  The Standard Fire Prevention Code, 1985 edition or

29  subsequent edition, as adopted by the Southern Building Code

30  Congress International.

31         (b)  The EPCOT Fire Prevention Code.


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  1         (c)  The National Fire Protection Association (NFPA)

  2  Pamphlet 1, 1985 edition or subsequent edition.

  3         (d)  The South Florida Fire Prevention Code, subject to

  4  the provisions of subsection (4).

  5         (3)  The most current edition of the In addition, each

  6  municipality, county, and special district with firesafety

  7  responsibilities shall adopt National Fire Protection

  8  Association (NFPA) 101, Life Safety Code, adopted by the

  9  Department of Insurance, shall be deemed to be adopted by each

10  municipality, county, and special district with firesafety

11  responsibilities , 1985 edition or subsequent edition, as part

12  of the minimum firesafety code.

13         (4)  It is the intent of the Legislature that a South

14  Florida Fire Prevention Code be promulgated as a further

15  option to counties, municipalities, and special districts with

16  firesafety responsibilities as an alternative to the

17  firesafety codes specified in paragraphs (2)(a), (b), and (c).

18  In the event that an appropriate South Florida Fire Prevention

19  Code is submitted by the Broward County Board of Rules and

20  Appeals or the Dade County Board of Rules and Appeals to the

21  Legislature by March 1, 1988, such code or codes shall be

22  deemed to be an alternative to the firesafety codes specified

23  in paragraphs (2)(a), (b), and (c) as of July 1, 1988, unless

24  the Legislature expressly prohibits the use of such code.

25  Until July 1, 1988, Dade and Broward Counties may use the

26  firesafety standards within their current Fire Prevention Code

27  as an alternative.  In the event Dade or Broward County fails

28  to adopt a South Florida Fire Prevention Code as of July 1,

29  1988, then such county shall be subject to subsections (2),

30  (3), and (6).

31


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  1         (4)(5)  Such codes shall be minimum codes and a

  2  municipality, county, or special district with firesafety

  3  responsibilities may adopt more stringent firesafety

  4  standards, subject to the requirements of this subsection.

  5  Such county, municipality, or special district may establish

  6  alternative requirements to those requirements which are

  7  required under the minimum firesafety standards on a

  8  case-by-case basis, in order to meet special situations

  9  arising from historic, geographic, or unusual conditions, if

10  the alternative requirements result in a level of protection

11  to life, safety, or property equal to or greater than the

12  applicable minimum firesafety standards. For the purpose of

13  this subsection, the term "historic" means that the building

14  or structure is listed on the National Register of Historic

15  Places of the United States Department of the Interior.

16         (a)  The local governing body shall determine,

17  following a public hearing which has been advertised in a

18  newspaper of general circulation at least 10 days before the

19  hearing, if there is a need to strengthen the requirements of

20  the minimum firesafety code adopted by such governing body.

21  The determination must be based upon a review of local

22  conditions by the local governing body, which review

23  demonstrates that local conditions justify more stringent

24  requirements than those specified in the minimum firesafety

25  code for the protection of life and property or justify

26  requirements that meet special situations arising from

27  historic, geographic, or unusual conditions.

28         (b)  Such additional requirements shall not be

29  discriminatory as to materials, products, or construction

30  techniques of demonstrated capabilities.

31


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  1         (c)  Paragraphs (a) and (b) apply solely to the local

  2  enforcing agency's adoption of requirements more stringent

  3  than those specified in the Florida Fire Prevention Code and

  4  the Life Safety Code that have the effect of amending building

  5  construction standards. Upon request, the enforcing agency

  6  shall provide a person making application for a building

  7  permit, or any state agency or board with construction-related

  8  regulation responsibilities, a listing of all such

  9  requirements and codes.

10         (d)  A local government which adopts amendments to the

11  minimum firesafety code must provide a procedure by which the

12  validity of such amendments may be challenged by any

13  substantially affected party to test the amendment's

14  compliance with the provisions of this section.

15         1.  Unless the local government agrees to stay

16  enforcement of the amendment, or other good cause is shown,

17  the challenging party shall be entitled to a hearing on the

18  challenge within 45 days.

19         2.  For purposes of such challenge, the burden of proof

20  shall be on the challenging party, but the amendment shall not

21  be presumed to be valid or invalid.

22

23  A substantially affected person may appeal, to the Department

24  of Insurance, the local government's resolution of the

25  challenge and the department shall determine if the amendment

26  complies with this section. Actions of the department are

27  subject to judicial review pursuant to s. 120.68.  The

28  department shall consider reports of the Florida Building

29  Commission, pursuant to part VII of chapter 533, when

30  evaluating building code enforcement.

31


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  1         (6)  The minimum firesafety standards that counties,

  2  municipalities, and special districts are required to adopt

  3  pursuant to this section shall be adopted by January 1, 1988.

  4  No municipality or county or special district shall be

  5  required to amend an ordinance which presently complies with

  6  this section.  In the event that any such local governmental

  7  entity fails to adopt minimum firesafety standards by January

  8  1, 1988, the minimum firesafety standards shall consist of the

  9  Standard Fire Prevention Code, 1985 edition, and National Fire

10  Protection Association (NFPA) 101, Life Safety Code, 1985

11  edition.

12         (5)(7)  The new building or structure provisions

13  enumerated within the firesafety code adopted pursuant to this

14  section shall apply only to buildings or structures for which

15  the building permit is issued on or after the effective date

16  of this act January 1, 1988.  Subject to the provisions of

17  subsection (6) (8), the existing building or structure

18  provisions enumerated within the firesafety code adopted

19  pursuant to this section shall apply to buildings or

20  structures for which the building permit was issued or the

21  building or structure was constructed prior to the effective

22  date of this act January 1, 1988.

23         (6)(8)  With regard to existing buildings, the

24  Legislature recognizes that it is not always practical to

25  apply any or all of the provisions of the minimum firesafety

26  code and that physical limitations may require

27  disproportionate effort or expense with little increase in

28  lifesafety.  Prior to applying the minimum firesafety code to

29  an existing building, the local fire official shall determine

30  that a threat to lifesafety or property exists. If a threat to

31  lifesafety or property exists, the fire official shall apply


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  1  the applicable firesafety code for existing buildings to the

  2  extent practical to assure a reasonable degree of lifesafety

  3  and safety of property or the fire official shall fashion a

  4  reasonable alternative which affords an equivalent degree of

  5  lifesafety and safety of property.  The decision of the local

  6  fire official may be appealed to the local administrative

  7  board described in s. 553.73.

  8         (7)(9)  Nothing herein shall preclude a municipality,

  9  county, or special district from requiring a structure to be

10  maintained in accordance with the applicable firesafety code.

11         (10)  With respect to standards established by the

12  National Fire Protection Association (NFPA) 101, Life Safety

13  Code, 1985 edition, s. 19-3.4.2.1, those standards shall not

14  apply to structures having direct access to the outside from

15  each living unit and having three stories or less.

16         (8)(11)  With respect to standards established by the

17  National Fire Protection Association (NFPA) 101, Life Safety

18  Code, 1985 edition, s. 19-3.4.4.1, Battery operated smoke

19  detectors shall be considered as an approved detection device

20  for residential buildings having direct access to the outside

21  from each living unit and having three stories or less.

22         (9)  The provisions of the Life Safety Code shall not

23  apply to newly constructed one-family and two-family

24  dwellings.  However, fire sprinkler protection may be

25  permitted by local government in lieu of other fire protection

26  related development requirements in such structures.

27         Section 60.  Paragraph (a) of subsection (1) of section

28  633.085, Florida Statutes, is amended to read:

29         633.085  Inspections of state buildings and premises;

30  tests of firesafety equipment; building plans to be

31  approved.--


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  1         (1)(a)  It is the duty of the State Fire Marshal and

  2  her or his agents to inspect, or cause to be inspected, each

  3  state-owned or state-leased building on a recurring basis

  4  established by rule, and to ensure that high-hazard

  5  occupancies are inspected at least annually, for the purpose

  6  of ascertaining and causing to be corrected any conditions

  7  liable to cause fire or endanger life from fire and any

  8  violation of the firesafety standards for state-owned and

  9  state-leased buildings, the provisions of this chapter, or the

10  rules or regulations adopted and promulgated pursuant hereto.

11  The State Fire Marshal shall, within 7 days following an

12  inspection, submit a report of such inspection to the head of

13  the department of state government responsible for the

14  building.

15         Section 61.  Subsection (1) of section 633.72, Florida

16  Statutes, is amended to read:

17         633.72  Florida Fire Code Advisory Council.--

18         (1)  There is created within the department the Florida

19  Fire Code Advisory Council with seven members appointed by the

20  State Fire Marshal.  The council, in cooperation with the

21  Florida Building Commission, shall advise and recommend to the

22  State Fire Marshal and, where appropriate, for further

23  recommendation to the Legislature changes in and

24  interpretation of the firesafety codes that have the effect of

25  conflicting with building construction standards that are

26  adopted pursuant to s. 633.0215 ss. 633.022 and 633.025.  The

27  members of the council shall represent the following groups

28  and professions:

29         (a)  One member shall be the State Fire Marshal, or his

30  or her designated appointee who shall be an administrative

31  employee of the marshal;


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  1         (b)  One member shall be an administrative officer from

  2  a fire department representing a municipality or a county

  3  selected from a list of persons submitted by the Florida Fire

  4  Chiefs Association;

  5         (c)  One member shall be an architect licensed in the

  6  state selected from a list of persons submitted by the Florida

  7  Association/American Institute of Architects;

  8         (d)  One member shall be a structural engineer

  9  registered to practice in the state selected from a list of

10  persons submitted by the Florida Engineering Society;

11         (e)  One member shall be an administrative officer from

12  a building department of a county or municipality selected

13  from a list of persons submitted by the Building Officials

14  Association of Florida;

15         (f)  One member shall be a contractor licensed in the

16  state selected from a list submitted by the Florida Home

17  Builders Association; and

18         (g)  One member shall be representative of the general

19  public.

20         (h)  The administrative staff of the State Fire Marshal

21  shall attend meetings of the Florida Building Commission and

22  coordinate efforts to provide consistency between the Florida

23  Building Code and the Florida Fire Prevention Code and the

24  Life Safety Code.

25

26  The council and Florida Building Commission shall cooperate

27  through joint representation and staff coordination.

28         Section 62.  (1)  Before the 2000 Regular Session of

29  the Legislature, the Florida Building Commission shall submit

30  to the Legislature, for review and approval or rejection, the

31  Florida Building Code adopted by the commission and shall


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  1  prepare list of recommendations of revisions to the Florida

  2  Statutes necessitated by adoption of the Florida Building Code

  3  if the Legislature approves the Florida Building Code.

  4         (2)  Upon approval of the Florida Building Code by the

  5  Legislature, all existing local technical amendments to any

  6  building code adopted by any local government are repealed.

  7  Each local government may readopt such amendments pursuant to

  8  s. 553.73, Florida Statutes, provided such amendments comply

  9  with applicable provisions of the Florida Building Code.

10         Section 63.  The Legislature recognizes that

11  maintaining public school buildings is a costly endeavor. The

12  Legislature further recognizes that retroactively enforcing

13  the prescriptive codes currently applied to existing public

14  schools is not always cost effective. It is the intent of the

15  Legislature to establish performance-based criteria for the

16  cost-effective application of codes and code alternatives for

17  existing educational facilities. Therefore, the Legislature

18  directs the State Fire Marshal, the Florida Building

19  Commission, and the Commissioner of Education to appoint a

20  select committee to consider the development of a Public

21  School Facility Fire Safety Evaluation Performance Code for

22  existing educational facilities. The State Fire Marshal, or

23  his or her appointee, shall be represented on this committee.

24  The State Fire Marshal shall appoint a representative of the

25  Florida Fire Chiefs' Association, a representative of the

26  Florida Fire Marshals' Association, a representative versed

27  and experienced in the delivery of educational programs to

28  fire service inspectors, and a representative of the fire

29  protection industry. The Commissioner of Education, or his or

30  her appointee, shall be represented on the select committee.

31  The Commissioner of Education shall appoint a representative


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  1  of the School Boards Association, a representative of the

  2  Florida Educational Facility Planners Association, a

  3  representative of the Division of Educational Facilities, and

  4  an architect experienced in school construction. The State

  5  Fire Marshal and the Commissioner of Education shall consider

  6  recommendations of the associations described in this section

  7  when making appointments. The select committee shall conduct

  8  its first meeting at the call of the State Fire Marshal. The

  9  committee shall elect its chair, vice chair, and recording

10  secretary at its first meeting and shall then meet at the call

11  of the chair. The committee shall consider the work of the

12  Center for Fire Research, the National Institute of Science

13  and Technology, and the alternative code solutions published

14  by the National Fire Protection Association when considering

15  the establishment of a performance-based fire safety code for

16  existing educational facilities. The report to the Legislature

17  shall consider the feasibility of and recommendations relating

18  to establishing such a performance-based code. If the

19  recommendation is affirmative, the report shall include roles

20  and responsibilities necessary to develop and maintain the

21  code, as well as a plan to deliver educational programs on

22  applying the performance-based code to those charged with its

23  enforcement. Members of the committee shall serve at their own

24  expense except that state employees shall be reimbursed for

25  travel costs incurred from existing budget sources. The

26  Department of Education shall be responsible for printing

27  costs of the final report, from existing budget sources. The

28  select committee shall report the results of its study to the

29  Legislature no later than October 31, 1998.

30         Section 64.  The Department of Management Services is

31  directed to initiate a pilot project to evaluate the costs and


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  1  benefits of installing an ozonation water treatment system for

  2  a cooling tower in a state building.  An appropriate building

  3  project shall be selected, the ozonation equipment installed,

  4  the performance data of the system collected and compiled, and

  5  the Department of Management Services shall report back to the

  6  Legislature no later than March 1, 2000.  Such findings shall

  7  provide the basis for determining a life-cycle cost analysis

  8  that can be used in future building projects.  If the

  9  Department of Management Services is unable to meet the

10  deadline because of unforeseen fiscal or technical

11  complications, the department shall provide the information to

12  the Legislature as soon as possible after such date.

13         Section 65.  Paragraph (f) of subsection (2) of section

14  471.003, Florida Statutes, section 489.539, Florida Statutes,

15  and subsection (5) of section 553.73, Florida Statutes, are

16  repealed.

17         Section 66.  Effective January 1, 1999, section

18  489.120, Florida Statutes, is repealed.

19         Section 67.  Effective January 1, 2001, paragraph (d)

20  of subsection (1) of section 489.129, Florida Statutes, is

21  repealed.

22         Section 68.  Effective upon the approval by the

23  Legislature of the adoption of the Florida Building Code by

24  the Florida Building Commission, parts I, II, and III of

25  chapter 553, Florida Statutes, consisting of sections 553.01,

26  553.02, 553.03, 553.04, 553.041, 553.05, 553.06, 553.07,

27  553.08, 553.10, 553.11, 553.14, 553.15, 553.16, 553.17,

28  553.18, 553.19, 553.20, 553.21, 553.22, 553.23, 553.24,

29  553.25, 553.26, 553.27, and 553.28, Florida Statutes, are

30  repealed and section 553.141, Florida Statutes, is transferred

31  and renumbered as section 553.86, Florida Statutes.


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  1         Section 69.  (1)  There is hereby appropriated to the

  2  Department of Community affairs for fiscal year 1998-1999 the

  3  sum of $2,090,000 from the department's Operating Trust Fund

  4  to be used to support the selection, development, and adoption

  5  of the Florida Building Code, to develop a statewide

  6  evaluation and approval process for construction products and

  7  materials, and to assist in the development of a statewide

  8  system for reporting and tracking disciplinary actions taken

  9  against contractors and design professionals by local

10  governments.

11         (2)  The sum of $500,000 is hereby appropriated from

12  the Insurance Commissioner's Regulatory Trust Fund to the

13  Florida Building Commission for fiscal year 1998-1999 for the

14  purpose of funding the development of core curriculum and

15  specialized and advanced modules of curriculum, as required

16  for the various building industry professions, by the Florida

17  Building Commission for implementation of the Florida Building

18  Code.

19         (3)  The sum of $150,000 is hereby appropriated from

20  the Insurance Commissioner's Regulatory Trust Fund to the Fire

21  College Trust Fund for fiscal year 1998-1999 for the purpose

22  of funding the development of core curriculum and specialized

23  and advanced modules of curriculum in coordination with the

24  Florida Building Commission for implementation of the Florida

25  Building Code as it relates to fire safety.

26         (4)  The sum of $250,000 is hereby appropriated from

27  the Insurance Commissioner's Regulatory Trust Fund to the

28  Florida Building Commission for fiscal year 1998-1999 for the

29  purpose of funding the construction of mobile demonstration

30  training models displaying state of the art techniques for

31  wind resistant construction to be used in the delivery of


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  1  training and public awareness displays for implementation of

  2  the Florida Building Code.

  3         Section 70.  Except as otherwise provided herein, this

  4  act shall take effect July 1 of the year in which enacted or

  5  upon becoming a law, whichever occurs later.

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