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



                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Trovillion offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Paragraph (a) of subsection (2) and

18  paragraph (c) of subsection (3) of section 509.032, Florida

19  Statutes, are amended to read:

20         509.032  Duties.--

21         (2)  INSPECTION OF PREMISES.--

22         (a)  The division has responsibility and jurisdiction

23  for all inspections required by this chapter.  The division

24  has responsibility for quality assurance.  Each licensed

25  establishment shall be inspected at least biannually, except

26  for transient and nontransient apartments, which shall be

27  inspected at least annually, and shall be inspected at such

28  other times as the division determines is necessary to ensure

29  the public's health, safety, and welfare.  The division shall

30  establish a system to determine inspection frequency.  Public

31  lodging units classified as resort condominiums or resort

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  dwellings are not subject to this requirement, but shall be

  2  made available to the division upon request.  If, during the

  3  inspection of a public lodging establishment classified for

  4  renting to transient or nontransient tenants, an inspector

  5  identifies vulnerable adults who appear to be victims of

  6  neglect, as defined in s. 415.102, or, in the case of a

  7  building that is not equipped with automatic sprinkler

  8  systems, tenants or clients who may be unable to self-preserve

  9  in an emergency, the division shall convene meetings with the

10  following agencies as appropriate to the individual situation:

11  the Department of Health, the Department of Elderly Affairs,

12  the area agency on aging, the local fire marshal, the landlord

13  and affected tenants and clients, and other relevant

14  organizations, to develop a plan which improves the prospects

15  for safety of affected residents and, if necessary, identifies

16  alternative living arrangements such as facilities licensed

17  under part II or part III of chapter 400.

18         (3)  SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD

19  SERVICE EVENTS.--The division shall:

20         (c)  Administer a public notification process for

21  temporary food service events and distribute educational

22  materials that address safe food storage, preparation, and

23  service procedures.

24         1.  Sponsors of temporary food service events shall

25  notify the division not less than 3 days prior to the

26  scheduled event of the type of food service proposed, the time

27  and location of the event, a complete list of food service

28  vendors vendor owners and operators participating in the each

29  event, the number of individual food service facilities each

30  vendor will operate at the event, and the identification

31  number of each food service vendor's current license as a

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  numbers of all public food service establishment or temporary

  2  food service event licensee establishments participating in

  3  each event. Notification may be completed orally, by

  4  telephone, in person, or in writing.  A public food service

  5  establishment or food service vendor may not use this

  6  notification process to circumvent the license requirements of

  7  this chapter.

  8         2.  The division shall keep a record of all

  9  notifications received for proposed temporary food service

10  events and shall provide appropriate educational materials to

11  the event sponsors, including the food-recovery brochure

12  developed under s. 570.0725.

13         3.a.  A public food service establishment or other food

14  service vendor must obtain one of the following classes of a

15  license from the division: an individual license, for a fee of

16  no more than $105, for each temporary food service event in

17  which it participates; or an annual license, for a fee of no

18  more than $1,000, that entitles the licensee to participate in

19  an unlimited number of food service events during the license

20  period. The division shall establish license fees, by rule,

21  and may limit the number of food service facilities a licensee

22  may operate at a particular temporary food service event under

23  a single license.

24         b.  Public food service establishments holding current

25  licenses from the division may operate under the regulations

26  of such a license at temporary food service events of 3 days

27  or less in duration.

28         Section 2.  Subsection (1) of section 509.036, Florida

29  Statutes, is amended to read:

30         509.036  Public food service inspector

31  standardization.--

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1         (1)  Any person performing required inspections of

  2  licensed public food service establishments for the division

  3  or its agent must:

  4         (a)  Be standardized by a food service evaluation

  5  officer certified by the federal Food and Drug Administration;

  6         (b)  Pass an approved the food protection practices

  7  test as prescribed by s. 509.039; and

  8         (c)  Pass a written examination to demonstrate

  9  knowledge of the laws and rules which regulate public food

10  service establishments.

11         Section 3.  Section 509.039, Florida Statutes, is

12  amended to read:

13         509.039  Food service manager certification.--It is the

14  duty of the division to adopt, by rule, food safety protection

15  standards for the training and certification of all food

16  service managers who are responsible for the storage,

17  preparation, display, or serving of foods to the public in

18  establishments regulated under this chapter.  The standards

19  adopted by the division shall be consistent with the Standards

20  for Accreditation of Food Protection Manager Certification

21  Programs adopted by the Conference for Food Protection.  These

22  standards are to be adopted by the division to ensure that,

23  upon successfully passing a test approved by the Conference

24  for Food Protection, a manager of a food service establishment

25  shall have demonstrated a knowledge of basic food protection

26  practices.  The division may contract with an organization

27  offering a training and certification program that complies

28  with division standards and results in a certification

29  recognized by the Conference for Food Protection These

30  standards shall also provide for a certification program which

31  authorizes private or public agencies to conduct an approved

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  test and certify all test the results of those tests to the

  2  division.  Other organizations offering programs that meet the

  3  same requirements may also conduct approved tests and shall

  4  certify all test results to the division.  The division may

  5  charge the organization it contracts with a fee of not more

  6  than $5 per certified test to cover the administrative costs

  7  of the division for the food services manager training and

  8  certification program.  The fee for the test shall not exceed

  9  $50.  All managers employed by a food service establishment

10  must have passed an approved this test and received a

11  certificate attesting thereto.  Managers have a period of 90

12  days after employment to pass the required test.  The ranking

13  of food service establishments is also preempted to the state;

14  provided, however, that any local ordinances establishing a

15  ranking system in existence prior to October 1, 1988, may

16  remain in effect.

17         Section 4.  Subsections (1) and (2) of section 509.251,

18  Florida Statutes, are amended to read:

19         509.251  License fees.--

20         (1)  The division shall adopt, by rule, a schedule of

21  fees to be paid by each public lodging establishment as a

22  prerequisite to issuance or renewal of a license.  Such fees

23  shall be based on the number of rental units in the

24  establishment. The aggregate fee per establishment charged any

25  public lodging establishment but shall not exceed $1,000;

26  however, the fees described in paragraphs (a) and (b) may not

27  be included as part of the aggregate fee subject to this cap.

28  Resort condominium units within separate buildings or at

29  separate locations but managed by one licensed agent may be

30  combined in a single license application, and the division

31  shall charge a license fee as if all units in the application

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  are in a single licensed establishment. Resort dwelling units

  2  may be licensed in the same manner as condominium units. The

  3  fee schedule shall require an establishment which applies for

  4  an initial license to pay the full license fee if application

  5  is made during the annual renewal period or more than 6 months

  6  prior to the next such renewal period and one-half of the fee

  7  if application is made 6 months or less prior to such period.

  8  The fee schedule shall include fees collected for the purpose

  9  of funding the Hospitality Education Program, pursuant to s.

10  509.302, which are payable in full for each application

11  regardless of when the application is submitted.

12         (a)  Upon making initial application or an application

13  for change of ownership, the applicant shall pay to the

14  division a fee as prescribed by rule, not to exceed $50, in

15  addition to any other fees required by law, which shall cover

16  all costs associated with initiating regulation of the

17  establishment.

18         (b)  A license renewal filed with the division within

19  30 days after the expiration date shall be accompanied by a

20  delinquent fee as prescribed by rule, not to exceed $50, in

21  addition to the renewal fee and any other fees required by

22  law.  A license renewal filed with the division more than 30

23  but not more than 60 days after the expiration date shall be

24  accompanied by a delinquent fee as prescribed by rule, not to

25  exceed $100, in addition to the renewal fee and any other fees

26  required by law.

27         (2)  The division shall adopt, by rule, a schedule of

28  fees to be paid by each public food service establishment as a

29  prerequisite to issuance or renewal of a license.  The fee

30  schedule shall prescribe a basic fee and additional fees based

31  on seating capacity and services offered. The aggregate fee

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  per establishment charged any public food service

  2  establishment may not exceed $400; however, the fees described

  3  in paragraphs (a) and (b) may not be included as part of the

  4  aggregate fee subject to this cap. The fee schedule shall

  5  require an establishment which applies for an initial license

  6  to pay the full license fee if application is made during the

  7  annual renewal period or more than 6 months prior to the next

  8  such renewal period and one-half of the fee if application is

  9  made 6 months or less prior to such period.  The fee schedule

10  shall include fees collected for the purpose of funding the

11  Hospitality Education Program, pursuant to s. 509.302, which

12  are payable in full for each application regardless of when

13  the application is submitted.

14         (a)  Upon making initial application or an application

15  for change of ownership, the applicant shall pay to the

16  division a fee as prescribed by rule, not to exceed $50, in

17  addition to any other fees required by law, which shall cover

18  all costs associated with initiating regulation of the

19  establishment.

20         (b)  A license renewal filed with the division within

21  30 days after the expiration date shall be accompanied by a

22  delinquent fee as prescribed by rule, not to exceed $50, in

23  addition to the renewal fee and any other fees required by

24  law.  A license renewal filed with the division more than 30

25  but not more than 60 days after the expiration date shall be

26  accompanied by a delinquent fee as prescribed by rule, not to

27  exceed $100, in addition to the renewal fee and any other fees

28  required by law.

29         Section 5.  Subsection (2) of section 509.291, Florida

30  Statutes, is amended, and subsections (5) and (6) are added to

31  said section, to read:

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1         509.291  Advisory council.--

  2         (2)  The purpose of the advisory council is to promote

  3  better relations, understanding, and cooperation between such

  4  industries and the division; to suggest means of better

  5  protecting the health, welfare, and safety of persons using

  6  the services offered by such industries; to give the division

  7  the benefit of its knowledge and experience concerning the

  8  industries and individual businesses affected by the laws and

  9  rules administered by the division; and to promote and

10  coordinate the development of programs to educate and train

11  personnel for such industries; and to perform such other

12  duties as prescribed by law.

13         (5)  The secretary and the division shall periodically

14  review with the advisory council the division's budget and

15  financial status for the purpose of maintaining the financial

16  stability of the division. The council shall make

17  recommendations, when it deems appropriate, to the secretary

18  and the division to ensure that adequate funding levels from

19  fees, penalties, and other costs assessed by the division and

20  paid by the industries it regulates are maintained.

21         (6)  The division shall provide to the advisory council

22  each year an annual internal audit of the financial records of

23  the Hospitality Education Program for the purpose of

24  permitting the advisory council to determine compliance with

25  the provisions of s. 509.072(2).

26         Section 6.  Subsection (3) of section 509.302, Florida

27  Statutes, is amended to read:

28         509.302  Director of education, personnel, employment

29  duties, compensation.--

30         (3)  All public lodging establishments and all public

31  food service establishments licensed under this chapter shall

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  pay an annual fee of no more than $10 $6 which shall be

  2  included in the annual license fee and which shall be used for

  3  the sole purpose of funding the Hospitality Education Program.

  4         Section 7.  Section 399.01, Florida Statutes, is

  5  amended to read:

  6         399.01  Definitions.--As used in this chapter, the

  7  term:

  8         (1)  "Alteration" means any change or addition to the

  9  vertical conveyance other than maintenance, repair, or

10  replacement.

11         (2)  "Certificate of competency" means a document

12  issued by the division which evidences the competency of a

13  person to construct, install, inspect, maintain, or repair any

14  vertical conveyance.

15         (2)(3)  "Certificate of operation" means a document

16  issued by the department which indicates that the conveyance

17  has had the required safety inspection and tests and that fees

18  have been paid as provided in this chapter.

19         (3)(4)  "Conveyance" means an elevator, dumbwaiter,

20  escalator, moving sidewalk, platform lift, or and stairway

21  chairlift.

22         (4)(5)  "Department" means the Department of Business

23  and Professional Regulation.

24         (5)(6)  "Division" means the Division of Hotels and

25  Restaurants of the Department of Business and Professional

26  Regulation.

27         (6)(7)  "Elevator" means one of the following

28  mechanical devices:

29         (a)  A hoisting and lowering mechanism, equipped with a

30  car and platform that moves in guide rails and serves two or

31  more landings to transport material or passengers or both.

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1         (b)  An escalator, which is a power-driven, inclined

  2  continuous stairway used for raising or lowering passengers.

  3         (c)  A dumbwaiter, which is a hoisting and lowering

  4  mechanism equipped with a car of limited size which moves in

  5  guide rails and serves two or more landings.

  6         (d)  A moving walk, which is a type of

  7  passenger-carrying device on which passengers stand or walk

  8  and in which the passenger-carrying surface remains parallel

  9  to its direction of motion and is uninterrupted.

10         (e)  An inclined stairway chairlift, which is a device

11  used to transport physically handicapped persons over

12  architectural barriers.

13         (f)  An inclined or vertical wheelchair lift, which is

14  a device used to transport wheelchair handicapped persons over

15  architectural barriers.

16         (8)  "Escalator" means an installation defined as an

17  escalator in the Florida Building Code.

18         (7)(9)  "Existing installation" means an installation

19  defined as an "installation, existing" in the Florida Building

20  Code.

21         (8)(10)  "Elevator Safety Technical Advisory Committee"

22  means the committee appointed by the secretary of the

23  Department of Business and Professional Regulation.

24         (9)(11)  "Private residence" means a separate dwelling

25  or a separate apartment in a multiple dwelling which is

26  occupied by members of a single-family unit.

27         (10)(12)  "Service maintenance contract" means a

28  contract that provides for routine examination, lubrication,

29  cleaning, adjustment, replacement of parts, and performance of

30  applicable code-required safety tests such as on a traction

31  elevator and annual relief pressure test on a hydraulic

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  elevator and any other service, repair, and maintenance

  2  sufficient to ensure the safe operation of the elevator. A

  3  service maintenance contract shall be made available upon

  4  request of the department for purposes of oversight and

  5  monitoring.

  6         (11)(13)  "Temporarily dormant conveyance" means a

  7  conveyance whose power supply has been disconnected by

  8  removing fuses and placing a padlock on the mainline

  9  disconnect switch in the "OFF" position. The car is parked,

10  and the hoistway doors are in the closed and latched position.

11  A wire seal is installed on the mainline disconnect switch by

12  a certified certificate of competency elevator inspector. This

13  conveyance installation may not be used again until it has

14  been put in safe running order and is in condition for use.

15  Annual inspections shall continue for the duration of the

16  temporarily dormant status by a certified certificate of

17  competency elevator inspector. The temporarily dormant status

18  is renewable on an annual basis and may not exceed a 5-year

19  period. The inspector shall file a report with the department

20  chief elevator inspector describing the current conditions.

21  The wire seal and padlock may not be removed for any purpose

22  without permission from the department elevator inspector.

23         (12)(14)  "Temporary operation inspection permit" means

24  an inspection performed by a certified elevator inspector, the

25  successful passage of a document issued by the department

26  which permits the temporary use of a noncompliant vertical

27  conveyance as provided by rule.

28         (13)(15)  "Registered elevator company" means an entity

29  registered with and authorized by the division employing

30  persons to construct, install, inspect, maintain, or repair

31  any vertical conveyance. Each registered elevator company must

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  annually register with the division and maintain general

  2  liability insurance coverage in the minimum amounts set by

  3  rule the division.

  4         (14)(16)  "Certified elevator inspector" is a natural

  5  person registered with and authorized by the division to

  6  construct, install, inspect, maintain, or repair any vertical

  7  conveyance, after having properly acquired the qualified

  8  elevator inspector credential as prescribed by the American

  9  Society of Mechanical Engineers. Each certified elevator

10  inspector must annually register with the division and provide

11  from the National Association of Elevator Safety Authorities.

12  Such person shall remain so authorized by the division only

13  upon providing annual proof of completion of 8 hours of

14  continuing education, proof that and the qualified elevator

15  inspector credential remains in good standing, and proof of

16  with the National Association of Elevator Safety Authorities.

17  A licensed mechanical engineer whose license is in good

18  standing may be authorized as a certified elevator inspector

19  by the division. Each certified elevator inspector must

20  annually register with the division and maintain general

21  liability insurance coverage in the minimum amounts set by the

22  division.

23         (15)(17)  "Certified elevator technician" means a

24  natural person authorized by the division to construct,

25  install, maintain, or repair any vertical conveyance, after

26  having been issued an elevator certificate of competency by

27  the division. Each certified elevator technician must annually

28  register with the division and be covered by maintain general

29  liability insurance coverage in the minimum amounts set by the

30  division.

31         (16)(18)  "Elevator helper" means a natural person

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  performing work under the direct supervision of an elevator

  2  certificate of competency holder a certified elevator

  3  inspector or an elevator technician to construct, install,

  4  maintain, or repair any vertical conveyance.

  5         (17)(19)  "Elevator certificate of competency" means a

  6  credential issued by the division to any individual natural

  7  person successfully completing an examination as prescribed by

  8  rule and paying a nonrefundable fee of $50. Such credential

  9  shall be valid for and expire at the end of 1 year, and may be

10  renewed by the division when the division receives proof of

11  the elevator certificate of competency holder's completion of

12  8 hours of continuing education from a provider approved by

13  the department and a nonrefundable renewal fee of $50. The

14  department shall adopt by rule criteria for providing approval

15  and procedures for continuing education reporting.

16         (a)  An elevator certificate of competency may be

17  issued only if the applicant meets the following requirements:

18         1.  Four years' work experience in the construction,

19  maintenance, service, and repair of conveyances covered by

20  this chapter. This experience shall be verified by current or

21  previously registered elevator companies as required by the

22  division.

23         2.  One of the following:

24         a.  Proof of completion and successful passage of a

25  written examination administered by the division or a provider

26  approved by the division under standards it adopted by rule.

27         b.  Proof of completion of an apprenticeship program

28  for elevator mechanics which has standards substantially

29  equivalent to those found in a national training program for

30  elevator mechanics and is registered with the Bureau of

31  Apprenticeship and Training of the United States Department of

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  Labor or a state apprenticeship authority.

  2         c.  Proof of licensure or certification by a state or

  3  local jurisdiction in the United States having standards

  4  substantially equal to or more stringent than those of this

  5  chapter.

  6         (b)  A licensed mechanical engineer whose license is in

  7  good standing may be granted an elevator certificate of

  8  competency.

  9

10  All other building transportation terms are defined in the

11  current Florida Building Code.

12         Section 8.  Subsections (1) and (5) of section 399.02,

13  Florida Statutes, are amended to read:

14         399.02  General requirements.--

15         (1)  The Elevator Safety Technical Advisory Committee

16  shall develop and submit to the Director of Hotels and

17  Restaurants proposed regarding revisions to the elevator

18  safety code so that it is the same as or similar to the latest

19  editions versions of ASME A17.1, ASME A17.3, and ASME A18.1.

20         (5)(a)  The construction permitholder is responsible

21  for the correction of violations and deficiencies until the

22  elevator has been inspected and a certificate of operation has

23  been issued by the department.  The construction permitholder

24  is responsible for all tests of new and altered equipment

25  until the elevator has been inspected and a certificate of

26  operation has been issued by the department.

27         (b)  The elevator owner is responsible for the safe

28  operation, and proper maintenance, and inspection and

29  correction of code deficiencies of the elevator after it has

30  been inspected and a certificate of operation has been issued

31  by the department. The responsibilities of the elevator owner

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  may be assigned by lease.

  2         (c)  The elevator owner shall report to the department

  3  60 days before the expiration of the certificate of operation

  4  whether there exists a service maintenance contract, with whom

  5  the contract exists, and the details concerning the provisions

  6  and implementation of the contract which the department

  7  requires. The department shall keep the names of companies

  8  with whom the contract exists confidential pursuant to the

  9  public records exemption provided in s. 119.14(4)(b)3. This

10  annual contract report must be made on forms supplied by the

11  department.  The elevator owner must report any material

12  change in the service maintenance contract no fewer than 30

13  days before the effective date of the change.  The department

14  shall determine whether the provisions of the service

15  maintenance contract and its implementation ensure the safe

16  operation of the elevator.

17         Section 9.  Section 399.03, Florida Statutes, is

18  amended to read:

19         399.03  Design, installation, and alteration of

20  conveyances.--

21         (1)  A conveyance covered by this chapter may not be

22  erected, constructed, installed, or altered within buildings

23  or structures until unless a permit has been obtained from the

24  department before the work is commenced. Permits must be

25  applied for by a registered elevator company and may only be

26  granted upon receipt and approval of an application to be made

27  on a form prescribed by the department, accompanied by proper

28  fees and a sworn statement from an agent of the registered

29  elevator company that the plans meet all applicable elevator

30  safety and building codes. Permits may be granted only to

31  registered elevator companies in good standing. When any

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  material alteration is made, the alteration device must

  2  conform to applicable requirements of the Florida Building

  3  Code and the provisions of this chapter for the alteration. A

  4  permit required hereunder may not be issued except to a

  5  person, firm, or corporation holding a current elevator

  6  contractor's license issued under this chapter. A copy of the

  7  permit and plans must be kept at the construction site at all

  8  times while the work is in progress and until a certificate of

  9  operation is issued.

10         (2)  The department shall provide by rule for permit

11  application requirements and permit fees.

12         (3)  Permits may be revoked for the following reasons:

13         (a)  There are any false statements or

14  misrepresentations as to the material facts in the

15  application, plans, or specifications on which the permit was

16  based.

17         (b)  The permit was issued in error and not in

18  accordance with the code or rules.

19         (c)  The work detailed under the permit is not being

20  performed in accordance with the provisions of the

21  application, plans, or specifications or with the code or

22  conditions of the permit.

23         (d)  The construction permitholder to whom the permit

24  was issued fails or refuses to comply with a stop-work order.

25         (4)  A permit expires if:

26         (a)  The work authorized by the permit is not commenced

27  within 6 months after the date of issuance, or within a

28  shorter period of time as the department may specify at the

29  time the permit is issued.

30         (b)  The work is suspended or abandoned for a period of

31  60 days, or such shorter period of time as the department may

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  specify at the time the permit is issued, after the work has

  2  been started. For good cause, the department may allow a

  3  discretionary extension for the foregoing period.

  4         (5)  All new conveyance installations must be performed

  5  by a registered elevator company person to whom a license to

  6  install or service a conveyance has been issued. Subsequent to

  7  installation, the licensed person, firm, or company must

  8  certify compliance with the applicable sections of this

  9  chapter and the Florida Building Code. Before any vertical

10  conveyance is used, except those in a private residence, it

11  must be inspected by a certified elevator licensed inspector

12  not employed, or associated, or having a conflict of interest

13  with the elevator construction permitholder or elevator owner

14  and certified as meeting the safety provisions of the Florida

15  Building Code, including the performance of all required

16  safety tests. The certified elevator inspector shall provide

17  the original copy of the inspection report to the department

18  within 5 days after the inspection. A certificate of operation

19  may not be issued until the permitholder provides an affidavit

20  signed by the construction supervisor attesting that the

21  supervisor directly supervised the construction or

22  installation of the elevator. Upon successful inspection, the

23  owner or lessee must apply to the department for a certificate

24  of operation from the department. A fee as prescribed in this

25  chapter must be paid for the certificate of operation. It is

26  the responsibility of the licensed elevator construction

27  permitholder to complete and submit a first-time registration

28  for a new installation. Vertical conveyances, including

29  stairway chairlifts, and inclined or vertical wheelchair lifts

30  located in private residences are not required to obtain a

31  certificate of operation under this chapter.

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1         (6)  A certificate of operation expires July 31 of each

  2  year and must be renewed prior to continued use of the

  3  conveyance. A certificate of operation must be clearly

  4  displayed on or in each conveyance or in the machine room for

  5  use by and for the benefit of inspectors and code enforcement

  6  personnel. Certificates of operation may only be renewed for

  7  vertical conveyances having a current satisfactory inspection.

  8         (6)(7)  At the department's request, and to facilitate

  9  oversight and monitoring, the permitholder shall notify the

10  department of the scheduled final inspection date and time for

11  purposes of acquiring a certificate of inspection, in writing,

12  at least 7 days before completion of the work and shall, in

13  the presence of a licensed elevator inspector not associated

14  with or employed by the installing company or contractor,

15  subject the newly installed, relocated, or altered portions of

16  the elevator to tests required to show that the elevator meets

17  the applicable provisions of the Florida Building Code.

18         (7)(8)  Each elevator shall comply with the edition of

19  the Florida Building Code or Elevator Safety Code that was in

20  effect at the time of receipt of application for the

21  construction permit for the elevator.

22         (8)(9)  Each alteration to, or relocation of, an

23  elevator shall comply with the edition of the Florida Building

24  Code or Elevator Safety Code that was in effect at the time of

25  receipt of the application for the construction permit for the

26  alteration or relocation.

27         (9)(10)  When any change is made in the classification

28  of an elevator, the elevator shall comply with all of the

29  requirements of the version of the Florida Building Code or

30  Elevator Safety Code that were in effect at the time of

31  receipt of the application for the construction permit for the

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  change in classification.

  2         (10)(a)  The temporary use of an elevator during

  3  installation or alteration is authorized for a period of 30

  4  days after the completion of a satisfactory temporary

  5  operation inspection. An additional 30-day period of temporary

  6  use is authorized from the date of completion of each

  7  additional satisfactory temporary operation inspection. A

  8  satisfactory temporary operation inspection must satisfy the

  9  following criteria: the elevator is tested under contract

10  load; the hoistway is fully enclosed; the hoistway doors and

11  interlocks are installed; the car is completely enclosed,

12  including door or gate and top; all electrical safety devices

13  are installed and properly functioning; and terminal stopping

14  equipment is in place for a safe runby and proper clearance.

15  When a car is provided with a temporary enclosure, the

16  operating means must be by constant pressure push-button or

17  lever-type switch. The car may not exceed the minimum safe

18  operating speed of the elevator, and the governor tripping

19  speed must be set in accordance with the operating speed of

20  the elevator.

21         (b)  Temporary use is authorized only when a

22  satisfactory temporary operation inspection report, completed

23  within the last 30 days by a certified elevator operator, and

24  a notice prescribed by the department, bearing a statement

25  that the elevator has not been finally approved by a certified

26  elevator inspector, are conspicuously posted in the elevator.

27         Section 10.  Section 399.049, Florida Statutes, is

28  amended to read:

29         399.049  Disciplinary action Certificate of

30  competency.--

31         (1)  SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  OF COMPETENCY.--The department may suspend or revoke an

  2  elevator inspector certification, an elevator company

  3  registration, an elevator a license or certificate of

  4  competency, or an elevator certificate of operation issued

  5  under this chapter or impose an administrative penalty of up

  6  to $1,000 per violation upon any registered elevator company

  7  licensee or certificateholder who commits any one or more of

  8  the following violations:

  9         (a)  Any false statement as to a material matter in an

10  the application for registration, certification, or any permit

11  or certificate issued under this chapter.

12         (b)  Fraud, misrepresentation, or bribery in the

13  practice of the profession securing a license or certificate

14  of competency.

15         (c)  Failure by a certified elevator inspector to

16  provide to notify the department and the certificate of

17  operation holder with a copy of the inspection report within 5

18  days after the date of any inspection performed after the

19  initial certificate of operation is issued of a conveyance

20  covered by this chapter that is not in compliance with the

21  provisions of the elevator safety code incorporated into the

22  Florida Building Code.

23         (d)  Violation of any provision of this chapter.

24         (2)  DISCIPLINARY ACTION.--Any disciplinary action

25  taken under this chapter must comply with chapter 120 and any

26  rules adopted thereunder.

27         Section 11.  Section 399.061, Florida Statutes, is

28  amended to read:

29         399.061  Inspections; service maintenance contracts;

30  correction of deficiencies.--

31         (1)(a)  All elevators or other conveyances subject to

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  this chapter must be annually inspected by a certified

  2  elevator inspector through a third-party inspection service,

  3  or by a municipality or county under contract with the

  4  division, pursuant to s. 399.13. If the elevator or other

  5  conveyance is maintained pursuant to a service maintenance

  6  contract continuously in force, it shall be inspected at least

  7  once every 2 years by a certified elevator inspector who is

  8  not employed by or otherwise associated with the maintenance

  9  company; however, if the elevator is not an escalator or a

10  dumbwaiter, serves only two adjacent floors, and is covered by

11  a service maintenance contract, an inspection is not required

12  so long as the service contract remains in effect. A statement

13  verifying the existence, performance, and cancellation of each

14  service maintenance contract must be filed annually with the

15  division as prescribed by rule.

16         (b)  A statement verifying the existence and

17  performance of each service maintenance contract must be filed

18  at least annually with the division and as prescribed by rule.

19  Cancellation of a service maintenance contract must be

20  reported to the division as prescribed by rule. The division

21  may inspect an elevator whenever necessary to ensure its safe

22  operation or when a third-party inspection service is not

23  available for a routine inspection.

24         (2)  The division may employ state elevator inspectors

25  to inspect an elevator whenever necessary to ensure its safe

26  operation. The division may also employ state elevator

27  inspectors to conduct any the inspections as required by this

28  chapter subsection (1) and may charge a an inspection fee for

29  each inspection in an amount sufficient to cover the costs of

30  that inspection, as provided by rule, when a private certified

31  elevator inspector is not available. Each state elevator

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  inspector shall be properly qualified as a certified elevator

  2  inspector hold a certificate of competency issued by the

  3  division.

  4         (3)  Whenever the division determines from the results

  5  of any inspection that, in the interest of the public safety,

  6  an elevator is in an unsafe condition, the division may seal

  7  the elevator or order the discontinuance of the use of the

  8  elevator until the division determines by inspection that such

  9  elevator has been satisfactorily repaired or replaced so that

10  the elevator may be operated in a safe manner.

11         (4)  When the division determines that an elevator is

12  in violation of this chapter or the Florida Building Code, the

13  division may issue an order to the elevator owner requiring

14  correction of the violation and reinspection of the elevator

15  evidencing the correction.

16         Section 12.  Section 399.07, Florida Statutes, is

17  amended to read:

18         399.07  Certificates of operation; temporary operation

19  permits; fees.--

20         (1)(a)  A certificate of operation may not be issued

21  until the elevator company supervisor signs an affidavit

22  stating that the elevator company supervisor directly

23  supervised construction or installation of the elevator.

24         (1)(b)  The certificate of operation is valid for a

25  period not to exceed 2 years and shall expire at the end of

26  the period of 1 year unless sooner suspended or revoked. The

27  department may adopt rules establishing a procedure for

28  certificate renewal. Certificates of operation may be renewed

29  only for vertical conveyances having a current satisfactory

30  inspection. The owner of an elevator operating with an expired

31  certificate of operation is in violation of this chapter.

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  Certificate of operation renewal applications received by the

  2  department after the date of expiration of the last current

  3  certificate must be accompanied by a late fee of $50 in

  4  addition to the renewal fee and any other fees required by

  5  law. The department shall adopt by rule a fee schedule for the

  6  renewal of certificates of operation. The fees must be

  7  deposited into the Hotel and Restaurant Trust Fund. The

  8  department shall by rule adopt a fee schedule for the renewal

  9  of certificates of operation.  The renewal period commences on

10  August 1 of each year.

11         (2)(c)  The certificate of operation must be posted in

12  a conspicuous location on the elevator and must be framed with

13  a transparent cover.

14         (d)  The department shall charge an annual fee for

15  issuance of a certificate of operation in an amount to be set

16  by rule. However, a renewal application for a certificate of

17  operation filed with the department after expiration date of

18  the certificate must be accompanied by a delinquency fee of

19  $50 in addition to the annual renewal fee and any other fees

20  required by law. The fees must be deposited into the Hotel and

21  Restaurant Trust Fund.

22         (2)(a)  The department may issue a temporary operation

23  permit authorizing the temporary use of an elevator during

24  installation or alteration to an elevator company or general

25  contractor acting as a general agent of an elevator company. A

26  temporary operation permit may not be issued until the

27  elevator has been inspected by a state elevator inspector and

28  tested under contract load; the hoistway is fully enclosed;

29  the hoistway doors and interlocks are installed; the car is

30  completely enclosed, including door or gate and top; all

31  electrical safety devices are installed and properly

                                  23

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  functioning; and terminal stopping equipment is in place for a

  2  safe runby and proper clearance. When a car is provided with a

  3  temporary enclosure, the operating means must be by constant

  4  pressure push-button or lever-type switch. The car may not

  5  exceed the minimum safe operating speed of the elevator, and

  6  the governor tripping speed must be set in accordance with the

  7  operating speed of the elevator.

  8         (b)  A temporary operation permit must be issued for a

  9  period not to exceed 30 days.  The permit may be renewed at

10  the discretion of the department.

11         (c)  When a temporary operation permit is issued, the

12  permit, together with a notice bearing a statement that the

13  elevator has not been finally approved by a state elevator

14  inspector, must be conspicuously posted in the elevator.

15         (d)  The department shall charge a fee, set by rule in

16  an amount not greater than $100, for each temporary operation

17  permit. The fee must be deposited in the Hotel and Restaurant

18  Trust Fund.

19         (3)  The certificate of operation shall contain the

20  text of s. 823.12, relating to the prohibition against smoking

21  in elevators.

22         (4)  In addition to subsection (3), the designation "NO

23  SMOKING" along with the international symbol for no smoking

24  shall be conspicuously displayed within the interior of the

25  elevator in the plain view of the public.

26         (5)  Except for as authorized by a temporary use

27  authorized by this chapter operation permit, the operation or

28  use of any newly installed, relocated, or altered elevator is

29  prohibited until the elevator has passed the tests and

30  inspections required by this chapter and a certificate of

31  operation has been issued.

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1         (6)  The department may suspend any certificate of

  2  operation if it finds that the elevator is not in compliance

  3  with this chapter or of rules adopted under this chapter. The

  4  suspension remains in effect until the department receives

  5  satisfactory results of an inspection performed by a certified

  6  elevator inspector indicating determines, by inspection, that

  7  the elevator has been brought into compliance.

  8         Section 13.  Section 399.105, Florida Statutes, is

  9  amended to read:

10         399.105  Administrative fines.--

11         (1)  Any person who fails to comply with the reporting

12  requirements of this chapter s. 399.02 or with the reasonable

13  requests of the department to determine whether the provisions

14  of a service maintenance contract and its implementation

15  ensure assure safe elevator operation is subject to an

16  administrative fine not greater than $1,000 in addition to any

17  other penalty provided by law.

18         (2)  Any person who commences the operation,

19  installation, relocation, or alteration of any elevator for

20  which a permit or certificate is required by this chapter

21  without having obtained from the department the permit or

22  certificate is subject to an administrative fine not greater

23  than $1,000 in addition to any other penalty provided by law.

24  No fine may be imposed under this subsection for commencing

25  installation without a construction permit if such permit is

26  issued within 60 days after the actual commencement of

27  installation.

28         (3)  An elevator owner who continues to operate an

29  elevator after notice to discontinue its use or after it has

30  been sealed by the department is subject to an administrative

31  fine not greater than $1,000 for each day the elevator has

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  been operated after the service of the notice or sealing by

  2  the department, in addition to any other penalty provided by

  3  law.

  4         (4)  An elevator owner who fails to comply with an

  5  order to correct issued under s. 399.061(4) within 30 60 days

  6  after its issuance is subject, in addition to any other

  7  penalty provided by law, to an administrative fine set by the

  8  department in an amount not to exceed $1,000.

  9         (5)  All administrative fines collected shall be

10  deposited into the Hotel and Restaurant Trust Fund.

11         Section 14.  Subsection (2) of section 399.106, Florida

12  Statutes, is amended to read:

13         399.106  Elevator Safety Technical Advisory

14  Committee.--

15         (2)  The committee members shall serve staggered terms

16  of 4 years to be set by rule without salary, but may receive

17  from the state expenses for per diem and travel. The committee

18  commission shall appoint one of the members to serve as chair.

19         Section 15.  Section 399.125, Florida Statutes, is

20  amended to read:

21         399.125  Reporting of elevator accidents or incidents;

22  penalties.--Within 5 working days after any accident or

23  incident occurring in or upon any elevator, the certificate of

24  operation holder shall report the accident or incident to the

25  division on a form prescribed by the division. Failure to

26  timely file this report is a violation of this chapter and

27  will subject the certificate of operation holder to an

28  administrative fine, to be imposed by the division, in an

29  amount not to exceed $1,000.

30         Section 16.  Section 399.13, Florida Statutes, is

31  amended to read:

                                  26

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1         399.13  Delegation of authority to municipalities or

  2  counties.--

  3         (1)  The department may enter into contracts with

  4  municipalities or counties under which such municipalities or

  5  counties will issue construction permits, temporary operation

  6  permits, and certificates of operation; will provide for

  7  inspection of elevators, including temporary operation

  8  inspections; and will enforce the applicable provisions of the

  9  Florida Building Code, as required by this chapter. The

10  municipality or county may choose to require inspections to be

11  performed by its own inspectors or by private certified

12  elevator inspectors. Each such agreement shall include a

13  provision that the municipality or county shall maintain for

14  inspection by the department copies of all applications for

15  permits issued, a copy of each inspection report issued, and

16  proper records showing the number of certificates of operation

17  issued; shall include a provision that each required

18  inspection be conducted by a certified elevator inspector the

19  holder of a certificate of competency issued by the

20  department; and may include such other provisions as the

21  department deems necessary.

22         (2)  The department may make inspections of elevators

23  in such municipality or county for the purpose of determining

24  that the provisions of this chapter are being met and may

25  cancel the contract with any municipality or county which the

26  department finds has failed to comply with such contract or

27  the provisions of this chapter.  The amendments to chapter 399

28  by this act shall apply only to the installation, relocation,

29  or alteration of an elevator for which a permit has been

30  issued after October 1, 1990.

31         Section 17.  This act shall take effect upon becoming a

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1  law.

  2

  3

  4  ================ T I T L E   A M E N D M E N T ===============

  5  And the title is amended as follows:

  6  remove everything before the enacting clause

  7

  8  and insert:

  9                      A bill to be entitled

10         An act relating to business regulation;

11         amending s. 509.032, F.S.; providing for annual

12         rather than biannual inspections of transient

13         and nontransient apartments; revising notice

14         and license requirements for temporary food

15         service events; amending s. 509.036, F.S.;

16         conforming a reference; amending s. 509.039,

17         F.S.; revising requirements for testing and

18         certification of food service managers,

19         including fee requirements; amending s.

20         509.251, F.S.; excluding certain fees from the

21         maximum aggregate license fee for public food

22         service establishments; amending s. 509.291,

23         F.S.; providing for increased coordination and

24         consultation among the Secretary of Business

25         and Professional Regulation, the Division of

26         Hotels and Restaurants, and the advisory

27         council; amending s. 509.302, F.S.; increasing

28         the annual fee collected for the purpose of

29         funding the Hospitality Education Program;

30         amending s. 399.01, F.S.; revising and removing

31         definitions; requiring that elevator service

                                  28

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1         maintenance contracts be made available to the

  2         Department of Business and Professional

  3         Regulation upon request for oversight purposes;

  4         revising qualifications for an elevator

  5         certificate of competency; amending s. 399.02,

  6         F.S.; providing that each elevator owner is

  7         responsible for inspections and correction of

  8         code deficiencies; eliminating a requirement

  9         that the department review service maintenance

10         contracts and determine whether they ensure

11         safe operation; amending s. 399.03, F.S.;

12         revising requirements relating to the design,

13         installation, and alteration of conveyances;

14         providing additional requirements for issuance

15         of elevator permits; revising reporting

16         requirements; providing requirements for

17         temporary operation inspections; amending s.

18         399.049, F.S.; revising grounds for suspension

19         or revocation of certification or registration;

20         amending s. 399.061, F.S.; eliminating the

21         requirement that annual inspections be

22         conducted through third-party inspection

23         services; revising reporting requirements

24         relating to service maintenance contracts;

25         revising requirements relating to the

26         correction of violations; amending s. 399.07,

27         F.S.; extending the period of validity of

28         certificates of operation from 1 to 2 years;

29         revising fee provisions to conform; amending s.

30         399.105, F.S.; providing administrative fines

31         for violations relating to reporting, operating

                                  29

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                                                   HOUSE AMENDMENT

    563-173AXA-21                               Bill No. CS/HB 155

    Amendment No. ___ (for drafter's use only)





  1         a sealed elevator, and complying with

  2         correction orders; eliminating a restriction on

  3         the issuance of an administrative fine relating

  4         to commencing installation without a

  5         construction permit; amending s. 399.106, F.S.;

  6         correcting a reference; amending s. 399.125,

  7         F.S.; eliminating the requirement to report

  8         elevator incidents; amending s. 399.13, F.S.;

  9         allowing municipalities or counties that assume

10         elevator inspection duties to hire private

11         inspectors to conduct inspections; providing an

12         effective date.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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