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
.
.
1 .
.
2 .
.
3 .
.
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
1
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
2
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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.--
3
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
4
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
5
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
6
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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:
7
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
8
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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.
9
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
10
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
11
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
12
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
13
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
14
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
15
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
16
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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.
17
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
18
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
19
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
20
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
21
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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.
22
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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.
24
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
25
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
27
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587
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
30
File original & 9 copies 03/11/02
hbd0011 06:03 pm 00155-0036-830587