Senate Bill 1800

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 1800

    By Senator Mitchell





    4-1125-00                                               See HB

  1                      A bill to be entitled

  2         An act relating to building code administrators

  3         and inspectors; amending s. 468.609, F.S.;

  4         revising intent with respect to the examination

  5         required for certification as a building code

  6         administrator, plans examiner, or building code

  7         inspector; increasing the validity period of a

  8         provisional certificate; clarifying to whom a

  9         provisional certificate may be issued; deleting

10         obsolete standard certificate equivalency

11         provisions; providing for consistency in

12         terminology; amending ss. 112.3145, 125.56,

13         212.08, 252.924, 404.056, 468.603, 468.604,

14         468.605, 468.607, 468.617, 468.621, 468.627,

15         468.631, 468.633, 471.045, 481.222, 489.103,

16         F.S.; providing for consistency in terminology;

17         providing an effective date.

18

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

20

21         Section 1.  Subsections (2) and (6) of section 468.603,

22  Florida Statutes, are amended to read:

23         468.603  Definitions.--As used in this part:

24         (2)  "Building code inspector" or "inspector" means any

25  of those employees of local governments or state agencies with

26  building construction regulation responsibilities who

27  themselves conduct inspections of building construction,

28  erection, repair, addition, or alteration projects that

29  require permitting indicating compliance with building,

30  plumbing, mechanical, electrical, gas, fire prevention,

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1  energy, accessibility, and other construction codes as

  2  required by state law or municipal or county ordinance.

  3         (6)  "Categories of building code inspectors" include

  4  the following:

  5         (a)  "Building inspector" means a person who is

  6  qualified to inspect and determine that buildings and

  7  structures are constructed in accordance with the provisions

  8  of the governing building codes and state accessibility laws.

  9         (b)  "Coastal construction inspector" means a person

10  who is qualified to inspect and determine that buildings and

11  structures are constructed to resist near-hurricane and

12  hurricane velocity winds in accordance with the provisions of

13  the governing building code.

14         (c)  "Commercial electrical inspector" means a person

15  who is qualified to inspect and determine the electrical

16  safety of commercial buildings and structures by inspecting

17  for compliance with the provisions of the National Electrical

18  Code.

19         (d)  "Residential electrical inspector" means a person

20  who is qualified to inspect and determine the electrical

21  safety of one and two family dwellings and accessory

22  structures by inspecting for compliance with the applicable

23  provisions of the governing electrical code.

24         (e)  "Mechanical inspector" means a person who is

25  qualified to inspect and determine that the mechanical

26  installations and systems for buildings and structures are in

27  compliance with the provisions of the governing mechanical

28  code.

29         (f)  "Plumbing inspector" means a person who is

30  qualified to inspect and determine that the plumbing

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1  installations and systems for buildings and structures are in

  2  compliance with the provisions of the governing plumbing code.

  3         (g)  "One and two family dwelling inspector" means a

  4  person who is qualified to inspect and determine that one and

  5  two family dwellings and accessory structures are constructed

  6  in accordance with the provisions of the governing building,

  7  plumbing, mechanical, accessibility, and electrical codes.

  8         (h)  "Electrical inspector" means a person who is

  9  qualified to inspect and determine the electrical safety of

10  commercial and residential buildings and accessory structures

11  by inspecting for compliance with the provisions of the

12  National Electrical Code.

13         Section 2.  Section 468.604, Florida Statutes, is

14  amended to read:

15         468.604  Responsibilities of building code

16  administrators, plans examiners, and building code

17  inspectors.--

18         (1)  It is the responsibility of the building code

19  administrator or building official to administrate, supervise,

20  direct, enforce, or perform the permitting and inspection of

21  construction, alteration, repair, remodeling, or demolition of

22  structures and the installation of building systems within the

23  boundaries of their governmental jurisdiction, when permitting

24  is required, to ensure compliance with building, plumbing,

25  mechanical, electrical, gas fuel, energy conservation,

26  accessibility, and other construction codes which are required

27  or adopted by municipal code, county ordinance, or state law.

28  The building code administrator or building official shall

29  faithfully perform these responsibilities without interference

30  from any person. These responsibilities include:

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1         (a)  The review of construction plans to ensure

  2  compliance with all applicable codes. The construction plans

  3  must be reviewed before the issuance of any building, system

  4  installation, or other construction permit. The review of

  5  construction plans must be done by the building code

  6  administrator or building official or by a person having the

  7  appropriate plans examiner license issued under this chapter.

  8         (b)  The inspection of each phase of construction where

  9  a building or other construction permit has been issued. The

10  building code administrator or building official, or a person

11  having the appropriate building code inspector license issued

12  under this chapter, shall inspect the construction or

13  installation to ensure that the work is performed in

14  accordance with applicable codes.

15         (2)  It is the responsibility of the building code

16  inspector to conduct inspections of construction, alteration,

17  repair, remodeling, or demolition of structures and the

18  installation of building systems, when permitting is required,

19  to ensure compliance with building, plumbing, mechanical,

20  electrical, gas fuel, energy conservation, accessibility, and

21  other construction codes required by municipal code, county

22  ordinance, or state law. Each building code inspector must be

23  licensed in the appropriate category as defined in s. 468.603.

24  The building code inspector's responsibilities must be

25  performed under the direction of the building code

26  administrator or building official without interference from

27  any unlicensed person.

28         (3)  It is the responsibility of the plans examiner to

29  conduct review of construction plans submitted in the permit

30  application to assure compliance with all applicable codes

31  required by municipal code, county ordinance, or state law.

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1  The review of construction plans must be done by the building

  2  code administrator or building official or by a person

  3  licensed in the appropriate plans examiner category as defined

  4  in s. 468.603. The plans examiner's responsibilities must be

  5  performed under the supervision and authority of the building

  6  code administrator or building official without interference

  7  from any unlicensed person.

  8         Section 3.  Paragraph (c) of subsection (2) of section

  9  468.605, Florida Statutes, is amended to read:

10         468.605  Florida Building Code Administrators and

11  Inspectors Board.--

12         (2)  The board shall consist of nine members, as

13  follows:

14         (c)  Two members serving as building code inspectors.

15

16  None of the board members described in paragraph (a) or

17  paragraph (f) may be an employee of a municipal, county, or

18  state governmental agency.

19         Section 4.  Section 468.607, Florida Statutes, is

20  amended to read:

21         468.607  Certification of building code administration

22  and inspection personnel.--The board shall issue a certificate

23  to any individual whom the board determines to be qualified,

24  within such class and level as provided in this part and with

25  such limitations as the board may place upon it.  No person

26  may be employed by a state agency or local governmental

27  authority to perform the duties of a building code

28  administrator, plans examiner, or building code inspector

29  after October 1, 1993, without possessing the proper valid

30  certificate issued in accordance with the provisions of this

31  part.

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1         Section 5.  Section 468.609, Florida Statutes, is

  2  amended to read:

  3         468.609  Administration of this part; standards for

  4  certification; additional categories of certification.--

  5         (1)  Except as provided in this part, any person who

  6  desires to be certified shall apply to the board, in writing

  7  upon forms approved and furnished by the board, to take the

  8  certification examination.

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

10  for certification as a building code an inspector or plans

11  examiner pursuant to this part if the person:

12         (a)  Is at least 18 years of age;

13         (b)  Is of good moral character; and

14         (c)  Meets eligibility requirements according to one of

15  the following criteria:

16         1.  Demonstrates 5 years' combined experience in the

17  field of construction or a related field, building code

18  inspection, or plans review corresponding to the certification

19  category sought;

20         2.  Demonstrates a combination of postsecondary

21  education in the field of construction or a related field and

22  experience which totals 4 years, with at least 1 year of such

23  total being experience in construction, building code

24  inspection, or plans review;

25         3.  Demonstrates a combination of technical education

26  in the field of construction or a related field and experience

27  which totals 4 years, with at least 1 year of such total being

28  experience in construction, building code inspection, or plans

29  review; or

30         4.  Currently holds a standard certificate as issued by

31  the board and satisfactorily completes a building code an

                                  6

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1  inspector or plans examiner training program of not less than

  2  200 hours in the certification category sought. The board

  3  shall establish by rule criteria for the development and

  4  implementation of the training programs.

  5         (d)  Demonstrates successful completion of the core

  6  curriculum and specialized or advanced module coursework

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

  8  Building Code Training Program established pursuant to s.

  9  553.841, appropriate to the licensing category sought or,

10  pursuant to authorization by the certifying authority,

11  provides proof of completion of such curriculum or coursework

12  within 6 months after such certification.

13         (3)  A person shall be entitled to take the examination

14  for certification as a building code administrator pursuant to

15  this part if the person:

16         (a)  Is at least 18 years of age;

17         (b)  Is of good moral character; and

18         (c)  Meets eligibility requirements according to one of

19  the following criteria:

20         1.  Demonstrates 10 years' combined experience as an

21  architect, engineer, plans examiner, building code inspector,

22  registered or certified contractor, or construction

23  superintendent, with at least 5 years of such experience in

24  supervisory positions; or

25         2.  Demonstrates a combination of postsecondary

26  education in the field of construction or related field, no

27  more than 5 years of which may be applied, and experience as

28  an architect, engineer, plans examiner, building code

29  inspector, registered or certified contractor, or construction

30  superintendent which totals 10 years, with at least 5 years of

31  such total being experience in supervisory positions.

                                  7

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1         (d)  Demonstrates successful completion of the core

  2  curriculum and specialized or advanced module coursework

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

  4  Building Code Training Program established pursuant to s.

  5  553.841, appropriate to the licensing category sought or,

  6  pursuant to authorization by the certifying authority,

  7  provides proof of completion of such curriculum or coursework

  8  within 6 months after such certification.

  9         (4)  No person may engage in the duties of a building

10  code administrator, plans examiner, or building code inspector

11  pursuant to this part after October 1, 1993, unless such

12  person possesses one of the following types of certificates,

13  currently valid, issued by the board attesting to the person's

14  qualifications to hold such position:

15         (a)  A standard certificate.

16         (b)  A limited certificate.

17         (c)  A provisional certificate.

18         (5)(a)  To obtain a standard certificate, an individual

19  must pass an examination approved by the board which

20  demonstrates that the applicant has fundamental knowledge of

21  the state laws and codes relating to the construction of

22  buildings for which the applicant has building code

23  administration, plans examination examining, or building code

24  inspection responsibilities.  It is the intent of the

25  Legislature that the examination approved for certification

26  pursuant to this part be substantially equivalent to the

27  examinations administered by the Southern Building Code

28  Congress International, the Building Officials Association of

29  Florida, the South Florida Building Code (Dade and Broward),

30  and the Council of American Building Officials.

31

                                  8

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1         (b)  A standard certificate shall be issued to each

  2  applicant who successfully completes the examination, which

  3  certificate authorizes the individual named thereon to

  4  practice throughout the state as a building code

  5  administrator, plans examiner, or building code inspector

  6  within such class and level as is specified by the board.

  7         (c)  The board may accept proof that the applicant has

  8  passed an examination which is substantially equivalent to the

  9  board-approved examination set forth in this section.

10         (6)(a)  A building code administrator, plans examiner,

11  or building code inspector holding office on July 1, 1993,

12  shall not be required to possess a standard certificate as a

13  condition of tenure or continued employment, but shall be

14  required to obtain a limited certificate as described in this

15  subsection.

16         (b)  By October 1, 1993, individuals who were employed

17  on July 1, 1993, as building code administrators, plans

18  examiners, or building code inspectors, who are not eligible

19  for a standard certificate, but who wish to continue in such

20  employment, shall submit to the board the appropriate

21  application and certification fees and shall receive a limited

22  certificate qualifying them to engage in building code

23  administration, plans examination, or building code inspection

24  in the class, at the performance level, and within the

25  governmental jurisdiction in which such person is employed.

26         (c)  The limited certificate shall be valid only as an

27  authorization for the building code administrator, plans

28  examiner, or building code inspector to continue in the

29  position held, and to continue performing all functions

30  assigned to that position, on July 1, 1993.

31

                                  9

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1         (d)  A building code administrator, plans examiner, or

  2  building code inspector holding a limited certificate can be

  3  promoted to a position requiring a higher level certificate

  4  only upon issuance of a standard certificate or provisional

  5  certificate appropriate for such new position.

  6         (7)(a)  The board may provide for the issuance of

  7  provisional certificates valid for such period, not less than

  8  3 years 1 year nor more than 5 3 years, as specified by board

  9  rule, to any newly employed or promoted building code

10  inspector or plans examiner who meets the eligibility

11  requirements described in subsection (2) and any newly

12  employed or promoted building code administrator who meets the

13  eligibility requirements described in subsection (3) building

14  code administrator, plans examiner, or inspector.

15         (b)  No building code administrator, plans examiner, or

16  building code inspector may have a provisional certificate

17  extended beyond the specified period by renewal or otherwise.

18         (c)  The board may provide for appropriate levels of

19  provisional certificates and may issue these certificates with

20  such special conditions or requirements relating to the place

21  of employment of the person holding the certificate, the

22  supervision of such person on a consulting or advisory basis,

23  or other matters as the board may deem necessary to protect

24  the public safety and health.

25         (d)  A newly employed or hired person may perform the

26  duties of a plans examiner or building code inspector for 90

27  days if a provisional certificate application has been

28  submitted, provided such person is under the direct

29  supervision of a certified building code administrator who

30  holds a standard certification and who has found such person

31  qualified for a provisional certificate.

                                  10

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1         (8)(a)  Any individual who holds a valid certificate

  2  under the provisions of s. 553.795, or who has successfully

  3  completed all requirements for certification pursuant to such

  4  section, shall be deemed to have satisfied the requirements

  5  for receiving a standard certificate prescribed by this part.

  6         (b)  Any individual who holds a valid certificate

  7  issued by the Southern Building Code Congress International,

  8  the Building Officials Association of Florida, the South

  9  Florida Building Code (Dade and Broward), or the Council of

10  American Building Officials certification programs, or who has

11  been approved for certification under one of those programs

12  not later than October 1, 1995, shall be deemed to have

13  satisfied the requirements for receiving a standard

14  certificate in the corresponding category prescribed by this

15  part. Employees of counties with a population of less than

16  50,000, or employees of municipalities with a population of

17  less than 3,500, shall be deemed to have satisfied the

18  requirements for standard certification where such employee is

19  approved for certification under one of the programs set forth

20  in this paragraph not later than October 1, 1998.

21         (8)(9)  Any individual applying to the board may be

22  issued a certificate valid for multiple building code

23  inspection classes, as deemed appropriate by the board.

24         (9)(10)  Certification and training classes may be

25  developed in coordination with degree career education

26  centers, community colleges, the State University System, or

27  other entities offering certification and training classes.

28         (10)(11)  The board may by rule create categories of

29  certification in addition to those defined in s. 468.603(6)

30  and (7). Such certification categories shall not be mandatory

31

                                  11

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1  and shall not act to diminish the scope of any certificate

  2  created by statute.

  3         Section 6.  Section 468.617, Florida Statutes, is

  4  amended to read:

  5         468.617  Joint building code inspection department;

  6  other arrangements.--

  7         (1)  Nothing in this part shall prohibit any local

  8  jurisdiction from entering into and carrying out contracts

  9  with any other local jurisdiction under which the parties

10  agree to create and support a joint building code inspection

11  department for conforming to the provisions of this part.  In

12  lieu of a joint building code inspection department, any local

13  jurisdiction may designate a building code an inspector from

14  another local jurisdiction to serve as a building code an

15  inspector for the purposes of this part.

16         (2)  Nothing in this part shall prohibit local

17  governments from contracting with persons certified pursuant

18  to this part to perform building code inspections or plan

19  reviews. An individual or entity may not inspect or examine

20  plans on projects in which the individual or entity designed

21  or permitted the projects.

22         (3)  Nothing in this part shall prohibit any county or

23  municipal government from entering into any contract with any

24  person or entity for the provision of building code inspection

25  services regulated under this part, and notwithstanding any

26  other statutory provision, such county or municipal

27  governments may enter into contracts.

28         Section 7.  Subsection (3) of section 468.621, Florida

29  Statutes, is amended to read:

30         468.621  Disciplinary proceedings.--

31

                                  12

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1         (3)  Where a certificate is suspended, placed on

  2  probation, or has conditions imposed, the board shall

  3  reinstate the certificate of a disciplined building code

  4  administrator, plans examiner, or building code inspector upon

  5  proof the disciplined individual has complied with all terms

  6  and conditions set forth in the final order.

  7         Section 8.  Subsections (2), (3), and (4) of section

  8  468.627, Florida Statutes, are amended to read:

  9         468.627  Application; examination; renewal; fees.--

10         (2)  The initial application fee may not exceed $25 for

11  building code administrators, plans examiners, or building

12  code inspectors.

13         (3)  The initial examination fee may not exceed $150

14  for building code administrators, plans examiners, or building

15  code inspectors.

16         (4)  Employees of local government agencies having

17  responsibility for building code inspection, building

18  construction regulation, and enforcement of building,

19  plumbing, mechanical, electrical, gas, fire prevention,

20  energy, accessibility, and other construction codes shall pay

21  no application fees or examination fees.

22         Section 9.  Section 468.631, Florida Statutes, is

23  amended to read:

24         468.631  Building Code Administrators and Inspectors

25  Fund.--The provisions of this part shall be funded through a

26  surcharge, to be assessed pursuant to s. 125.56(4) or s.

27  166.201 at the rate of one-half cent per square foot of

28  under-roof floor space permitted, including new construction,

29  renovations, alterations, and additions.  The unit of

30  government responsible for collecting permit fees pursuant to

31  s. 125.56(4) or s. 166.201 shall collect such surcharge and

                                  13

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1  shall remit the funds to the department on a quarterly

  2  calendar basis beginning not later than December 31, 1993, for

  3  the preceding quarter, and continuing each third month

  4  thereafter; and such unit of government may retain an amount

  5  up to 10 percent of the surcharge collected to fund projects

  6  and activities intended to improve the quality of building

  7  code enforcement.  There is created within the Professional

  8  Regulation Trust Fund a separate account to be known as the

  9  Building Code Administrators and Inspectors Fund, which shall

10  deposit and disburse funds as necessary for the implementation

11  of this part. The department shall annually establish the

12  amount needed to fund the certification and regulation of

13  building code administrators, plans examiners, and building

14  code inspectors.  Any funds collected in excess of the amount

15  needed to adequately fund the certification and regulation of

16  building code administrators, plans examiners, and building

17  code inspectors shall be deposited into the Construction

18  Industries Recovery Fund established by s. 489.140.  If the

19  Construction Industries Recovery Fund is fully funded as

20  provided by s. 489.140, any remaining funds shall be

21  distributed to the Construction Industry Licensing Board for

22  use in the regulation of certified and registered contractors.

23         Section 10.  Subsection (1) of section 468.633, Florida

24  Statutes, is amended to read:

25         468.633  Authority of local government.--

26         (1)  Nothing in this part may be construed to restrict

27  the authority of local governments to require as a condition

28  of employment that building code administrators, plans

29  examiners, and building code inspectors possess qualifications

30  beyond the requirements for certification contained in this

31  part.

                                  14

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1         Section 11.  Paragraph (a) of subsection (1) of section

  2  112.3145, Florida Statutes, is amended to read:

  3         112.3145  Disclosure of financial interests and clients

  4  represented before agencies.--

  5         (1)  For purposes of this section, unless the context

  6  otherwise requires, the term:

  7         (a)  "Local officer" means:

  8         1.  Every person who is elected to office in any

  9  political subdivision of the state, and every person who is

10  appointed to fill a vacancy for an unexpired term in such an

11  elective office.

12         2.  Any appointed member of a board; commission;

13  authority, including any expressway authority or

14  transportation authority established by general law; community

15  college district board of trustees; or council of any

16  political subdivision of the state, excluding any member of an

17  advisory body. A governmental body with land-planning, zoning,

18  or natural resources responsibilities shall not be considered

19  an advisory body.

20         3.  Any person holding one or more of the following

21  positions: mayor; county or city manager; chief administrative

22  employee of a county, municipality, or other political

23  subdivision; county or municipal attorney; chief county or

24  municipal building code inspector; county or municipal water

25  resources coordinator; county or municipal pollution control

26  director; county or municipal environmental control director;

27  county or municipal administrator, with power to grant or deny

28  a land development permit; chief of police; fire chief;

29  municipal clerk; district school superintendent; community

30  college president; district medical examiner; or purchasing

31  agent having the authority to make any purchase exceeding the

                                  15

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1  threshold amount provided for in s. 287.017 for CATEGORY ONE,

  2  on behalf of any political subdivision of the state or any

  3  entity thereof.

  4         Section 12.  Subsection (3) of section 125.56, Florida

  5  Statutes, is amended to read:

  6         125.56  Adoption or amendment of building code;

  7  inspection fees; inspectors; etc.--

  8         (3)  The board of county commissioners of each of the

  9  several counties may employ a building code inspector and such

10  other personnel as it deems necessary to carry out the

11  provisions of this act and may pay reasonable salaries for

12  such services.

13         Section 13.  Paragraph (g) of subsection (5) of section

14  212.08, Florida Statutes, is amended to read:

15         212.08  Sales, rental, use, consumption, distribution,

16  and storage tax; specified exemptions.--The sale at retail,

17  the rental, the use, the consumption, the distribution, and

18  the storage to be used or consumed in this state of the

19  following are hereby specifically exempt from the tax imposed

20  by this chapter.

21         (5)  EXEMPTIONS; ACCOUNT OF USE.--

22         (g)  Building materials used in the rehabilitation of

23  real property located in an enterprise zone.--

24         1.  Beginning July 1, 1995, building materials used in

25  the rehabilitation of real property located in an enterprise

26  zone shall be exempt from the tax imposed by this chapter upon

27  an affirmative showing to the satisfaction of the department

28  that the items have been used for the rehabilitation of real

29  property located in an enterprise zone. Except as provided in

30  subparagraph 2., this exemption inures to the owner, lessee,

31  or lessor of the rehabilitated real property located in an

                                  16

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1  enterprise zone only through a refund of previously paid

  2  taxes. To receive a refund pursuant to this paragraph, the

  3  owner, lessee, or lessor of the rehabilitated real property

  4  located in an enterprise zone must file an application under

  5  oath with the governing body or enterprise zone development

  6  agency having jurisdiction over the enterprise zone where the

  7  business is located, as applicable, which includes:

  8         a.  The name and address of the person claiming the

  9  refund.

10         b.  An address and assessment roll parcel number of the

11  rehabilitated real property in an enterprise zone for which a

12  refund of previously paid taxes is being sought.

13         c.  A description of the improvements made to

14  accomplish the rehabilitation of the real property.

15         d.  A copy of the building permit issued for the

16  rehabilitation of the real property.

17         e.  A sworn statement, under the penalty of perjury,

18  from the general contractor licensed in this state with whom

19  the applicant contracted to make the improvements necessary to

20  accomplish the rehabilitation of the real property, which

21  statement lists the building materials used in the

22  rehabilitation of the real property, the actual cost of the

23  building materials, and the amount of sales tax paid in this

24  state on the building materials. In the event that a general

25  contractor has not been used, the applicant shall provide this

26  information in a sworn statement, under the penalty of

27  perjury. Copies of the invoices which evidence the purchase of

28  the building materials used in such rehabilitation and the

29  payment of sales tax on the building materials shall be

30  attached to the sworn statement provided by the general

31  contractor or by the applicant. Unless the actual cost of

                                  17

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1  building materials used in the rehabilitation of real property

  2  and the payment of sales taxes due thereon is documented by a

  3  general contractor or by the applicant in this manner, the

  4  cost of such building materials shall be an amount equal to 40

  5  percent of the increase in assessed value for ad valorem tax

  6  purposes.

  7         f.  The identifying number assigned pursuant to s.

  8  290.0065 to the enterprise zone in which the rehabilitated

  9  real property is located.

10         g.  A certification by the local building code

11  inspector that the improvements necessary to accomplish the

12  rehabilitation of the real property are substantially

13  completed.

14         h.  Whether the business is a small business as defined

15  by s. 288.703(1).

16         i.  If applicable, the name and address of each

17  permanent employee of the business, including, for each

18  employee who is a resident of an enterprise zone, the

19  identifying number assigned pursuant to s. 290.0065 to the

20  enterprise zone in which the employee resides.

21         2.  This exemption inures to a city, county, or other

22  governmental agency through a refund of previously paid taxes

23  if the building materials used in the rehabilitation of real

24  property located in an enterprise zone are paid for from the

25  funds of a community development block grant or similar grant

26  or loan program. To receive a refund pursuant to this

27  paragraph, a city, county, or other governmental agency must

28  file an application which includes the same information

29  required to be provided in subparagraph 1. by an owner,

30  lessee, or lessor of rehabilitated real property. In addition,

31  the application must include a sworn statement signed by the

                                  18

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1  chief executive officer of the city, county, or other

  2  governmental agency seeking a refund which states that the

  3  building materials for which a refund is sought were paid for

  4  from the funds of a community development block grant or

  5  similar grant or loan program.

  6         3.  Within 10 working days after receipt of an

  7  application, the governing body or enterprise zone development

  8  agency shall review the application to determine if it

  9  contains all the information required pursuant to subparagraph

10  1. or subparagraph 2. and meets the criteria set out in this

11  paragraph. The governing body or agency shall certify all

12  applications that contain the information required pursuant to

13  subparagraph 1. or subparagraph 2. and meet the criteria set

14  out in this paragraph as eligible to receive a refund. If

15  applicable, the governing body or agency shall also certify if

16  20 percent of the employees of the business are residents of

17  an enterprise zone, excluding temporary and part-time

18  employees. The certification shall be in writing, and a copy

19  of the certification shall be transmitted to the executive

20  director of the Department of Revenue. The applicant shall be

21  responsible for forwarding a certified application to the

22  department within the time specified in subparagraph 4.

23         4.  An application for a refund pursuant to this

24  paragraph must be submitted to the department within 6 months

25  after the rehabilitation of the property is deemed to be

26  substantially completed by the local building code inspector.

27         5.  The provisions of s. 212.095 do not apply to any

28  refund application made pursuant to this paragraph. No more

29  than one exemption through a refund of previously paid taxes

30  for the rehabilitation of real property shall be permitted for

31  any one parcel of real property. No refund shall be granted

                                  19

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1  pursuant to this paragraph unless the amount to be refunded

  2  exceeds $500. No refund granted pursuant to this paragraph

  3  shall exceed the lesser of 97 percent of the Florida sales or

  4  use tax paid on the cost of the building materials used in the

  5  rehabilitation of the real property as determined pursuant to

  6  sub-subparagraph 1.e. or $5,000, or, if no less than 20

  7  percent of the employees of the business are residents of an

  8  enterprise zone, excluding temporary and part-time employees,

  9  the amount of refund granted pursuant to this paragraph shall

10  not exceed the lesser of 97 percent of the sales tax paid on

11  the cost of such building materials or $10,000. A refund

12  approved pursuant to this paragraph shall be made within 30

13  days of formal approval by the department of the application

14  for the refund.

15         6.  The department shall adopt rules governing the

16  manner and form of refund applications and may establish

17  guidelines as to the requisites for an affirmative showing of

18  qualification for exemption under this paragraph.

19         7.  The department shall deduct an amount equal to 10

20  percent of each refund granted under the provisions of this

21  paragraph from the amount transferred into the Local

22  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

23  s. 212.20 for the county area in which the rehabilitated real

24  property is located and shall transfer that amount to the

25  General Revenue Fund.

26         8.  For the purposes of the exemption provided in this

27  paragraph:

28         a.  "Building materials" means tangible personal

29  property which becomes a component part of improvements to

30  real property.

31

                                  20

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1         b.  "Real property" has the same meaning as provided in

  2  s. 192.001(12).

  3         c.  "Rehabilitation of real property" means the

  4  reconstruction, renovation, restoration, rehabilitation,

  5  construction, or expansion of improvements to real property.

  6         d.  "Substantially completed" has the same meaning as

  7  provided in s. 192.042(1).

  8         9.  The provisions of this paragraph shall expire and

  9  be void on December 31, 2005.

10         Section 14.  Paragraph (a) of subsection (2) of section

11  252.924, Florida Statutes, is amended to read:

12         252.924  Party state responsibilities.--

13         (2)  The authorized representative of a party state may

14  request assistance of another party state by contacting the

15  authorizing representative of that state.  The provisions of

16  this agreement shall only apply to requests for assistance

17  made by and to authorized representatives.  Requests may be

18  verbal or in writing. If verbal, the request shall be

19  confirmed in writing within 90 days of the verbal request.

20  Requests shall provide the following information:

21         (a)  A description of the emergency service function

22  for which assistance is needed, such as, but not limited to,

23  fire services, law enforcement, emergency medical,

24  transportation, communications, public works and engineering,

25  building code inspection, planning and information assistance,

26  mass care, resource support, health and medical services, and

27  search and rescue.

28         Section 15.  Paragraph (j) of subsection (3) of section

29  404.056, Florida Statutes, is amended to read:

30         404.056  Environmental radiation standards and

31  programs; radon protection.--

                                  21

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1         (3)  CERTIFICATION.--

  2         (j)  The department may set criteria and requirements

  3  for the application, certification, and annual renewal of

  4  certification for radon measurement and mitigation businesses,

  5  which may include:

  6         1.  Requirements for measurement devices and

  7  measurement procedures, including the disclosure of mitigation

  8  materials, systems, and other mitigation services offered.

  9         2.  The identification of certified specialists and

10  technicians employed by the business and requirements for

11  specialist staffing and duties.

12         3.  The analysis of measurement devices by proficient

13  analytical service providers.

14         4.  Requirements for a quality assurance and quality

15  control program.

16         5.  The disclosure of client measurement reporting

17  forms and warranties and operating instructions for mitigation

18  systems.

19         6.  Requirements for radon services publications and

20  the identification of the radon business certification number

21  in advertisements.

22         7.  Requirements for a worker health and safety

23  program.

24         8.  Requirements for maintaining radon records.

25         9.  The operation of branch office locations.

26         10.  Requirements for supervising subcontractors who

27  install mitigation systems.

28         11.  Requirements for building code inspections and

29  evaluation and standards for the design and installation of

30  mitigation systems.

31         12.  Prescribing conditions of mitigation measurements.

                                  22

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1         Section 16.  Section 471.045, Florida Statutes, is

  2  amended to read:

  3         471.045  Professional engineers performing building

  4  code inspector duties.--Notwithstanding any other provision of

  5  law, a person who is currently licensed under this chapter to

  6  practice as a professional engineer may provide building code

  7  inspection services described in s. 468.603(6) and (7) to a

  8  local government or state agency upon its request, without

  9  being certified by the Florida Building Code Administrators

10  and Inspectors Board under part XII of chapter 468. When

11  performing these building code inspection services, the

12  professional engineer is subject to the disciplinary

13  guidelines of this chapter and s. 468.621(1)(c)-(h). Any

14  complaint processing, investigation, and discipline that arise

15  out of a professional engineer's performing building code

16  inspection services shall be conducted by the Board of

17  Professional Engineers rather than the Florida Building Code

18  Administrators and Inspectors Board. A professional engineer

19  may not perform plans review as an employee of a local

20  government upon any job that the professional engineer or the

21  professional engineer's company designed.

22         Section 17.  Section 481.222, Florida Statutes, is

23  amended to read:

24         481.222  Architects performing building code inspector

25  duties.--Notwithstanding any other provision of law, a person

26  who is currently licensed to practice as an architect under

27  this part may provide building code inspection services

28  described in s. 468.603(6) and (7) to a local government or

29  state agency upon its request, without being certified by the

30  Florida Building Code Administrators and Inspectors Board

31  under part XII of chapter 468. With respect to the performance

                                  23

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1800
    4-1125-00                                               See HB




  1  of such building code inspection services, the architect is

  2  subject to the disciplinary guidelines of this part and s.

  3  468.621(1)(c)-(h). Any complaint processing, investigation,

  4  and discipline that arise out of an architect's performance of

  5  building code inspection services shall be conducted by the

  6  Board of Architecture and Interior Design rather than the

  7  Florida Building Code Administrators and Inspectors Board. An

  8  architect may not perform plans review as an employee of a

  9  local government upon any job that the architect or the

10  architect's company designed.

11         Section 18.  Paragraph (b) of subsection (18) of

12  section 489.103, Florida Statutes, is amended to read:

13         489.103  Exemptions.--This part does not apply to:

14         (18)  Any one-family, two-family, or three-family

15  residence constructed by Habitat for Humanity International,

16  Inc., or its local affiliates.  Habitat for Humanity

17  International, Inc., or its local affiliates, must:

18         (b)  Obtain all required building code inspections.

19         Section 19.  This act shall take effect July 1, 2000.

20

21            *****************************************

22                       LEGISLATIVE SUMMARY

23
      Revises intent with respect to the examination required
24    for certification as a building code administrator, plans
      examiner, or building code inspector. Increases the
25    validity period of a provisional certificate. Clarifies
      to whom a provisional certificate may be issued. Deletes
26    obsolete standard certificate equivalency provisions.
      Provides for consistency in terminology relating to
27    building code administration and inspection. (See bill
      for details.)
28

29

30

31

                                  24