House Bill hb0155e1

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




                                        CS/HB 155, First Engrossed



  1                      A bill to be entitled

  2         An act relating to business regulation;

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

  4         rather than biannual inspections of transient

  5         and nontransient apartments; revising notice

  6         and license requirements for temporary food

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

  8         conforming a reference; amending s. 509.039,

  9         F.S.; revising requirements for testing and

10         certification of food service managers,

11         including fee requirements; amending s.

12         509.251, F.S.; excluding certain fees from the

13         maximum aggregate license fee for public food

14         service establishments; amending s. 509.291,

15         F.S.; providing for increased coordination and

16         consultation among the Secretary of Business

17         and Professional Regulation, the Division of

18         Hotels and Restaurants, and the advisory

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

20         the annual fee collected for the purpose of

21         funding the Hospitality Education Program;

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

23         definitions; requiring that elevator service

24         maintenance contracts be made available to the

25         Department of Business and Professional

26         Regulation upon request for oversight purposes;

27         revising qualifications for an elevator

28         certificate of competency; amending s. 399.02,

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

30         responsible for inspections and correction of

31         code deficiencies; eliminating a requirement


                                  1

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






                                        CS/HB 155, First Engrossed



  1         that the department review service maintenance

  2         contracts and determine whether they ensure

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

  4         revising requirements relating to the design,

  5         installation, and alteration of conveyances;

  6         providing additional requirements for issuance

  7         of elevator permits; revising reporting

  8         requirements; providing requirements for

  9         temporary operation inspections; amending s.

10         399.049, F.S.; revising grounds for suspension

11         or revocation of certification or registration;

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

13         requirement that annual inspections be

14         conducted through third-party inspection

15         services; revising reporting requirements

16         relating to service maintenance contracts;

17         revising requirements relating to the

18         correction of violations; amending s. 399.07,

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

20         certificates of operation from 1 to 2 years;

21         revising fee provisions to conform; amending s.

22         399.105, F.S.; providing administrative fines

23         for violations relating to reporting, operating

24         a sealed elevator, and complying with

25         correction orders; eliminating a restriction on

26         the issuance of an administrative fine relating

27         to commencing installation without a

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

29         correcting a reference; amending s. 399.125,

30         F.S.; eliminating the requirement to report

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


                                  2

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






                                        CS/HB 155, First Engrossed



  1         allowing municipalities or counties that assume

  2         elevator inspection duties to hire private

  3         inspectors to conduct inspections; providing an

  4         effective date.

  5

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

  7

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

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

10  Statutes, are amended to read:

11         509.032  Duties.--

12         (2)  INSPECTION OF PREMISES.--

13         (a)  The division has responsibility and jurisdiction

14  for all inspections required by this chapter.  The division

15  has responsibility for quality assurance.  Each licensed

16  establishment shall be inspected at least biannually, except

17  for transient and nontransient apartments, which shall be

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

19  other times as the division determines is necessary to ensure

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

21  establish a system to determine inspection frequency.  Public

22  lodging units classified as resort condominiums or resort

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

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

25  inspection of a public lodging establishment classified for

26  renting to transient or nontransient tenants, an inspector

27  identifies vulnerable adults who appear to be victims of

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

29  building that is not equipped with automatic sprinkler

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

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


                                  3

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






                                        CS/HB 155, First Engrossed



  1  following agencies as appropriate to the individual situation:

  2  the Department of Health, the Department of Elderly Affairs,

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

  4  and affected tenants and clients, and other relevant

  5  organizations, to develop a plan which improves the prospects

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

  7  alternative living arrangements such as facilities licensed

  8  under part II or part III of chapter 400.

  9         (3)  SANITARY STANDARDS; EMERGENCIES; TEMPORARY FOOD

10  SERVICE EVENTS.--The division shall:

11         (c)  Administer a public notification process for

12  temporary food service events and distribute educational

13  materials that address safe food storage, preparation, and

14  service procedures.

15         1.  Sponsors of temporary food service events shall

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

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

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

19  vendors vendor owners and operators participating in the each

20  event, the number of individual food service facilities each

21  vendor will operate at the event, and the identification

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

23  numbers of all public food service establishment or temporary

24  food service event licensee establishments participating in

25  each event. Notification may be completed orally, by

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

27  establishment or food service vendor may not use this

28  notification process to circumvent the license requirements of

29  this chapter.

30         2.  The division shall keep a record of all

31  notifications received for proposed temporary food service


                                  4

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






                                        CS/HB 155, First Engrossed



  1  events and shall provide appropriate educational materials to

  2  the event sponsors, including the food-recovery brochure

  3  developed under s. 570.0725.

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

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

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

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

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

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

10  an unlimited number of food service events during the license

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

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

13  may operate at a particular temporary food service event under

14  a single license.

15         b.  Public food service establishments holding current

16  licenses from the division may operate under the regulations

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

18  or less in duration.

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

20  Statutes, is amended to read:

21         509.036  Public food service inspector

22  standardization.--

23         (1)  Any person performing required inspections of

24  licensed public food service establishments for the division

25  or its agent must:

26         (a)  Be standardized by a food service evaluation

27  officer certified by the federal Food and Drug Administration;

28         (b)  Pass an approved the food protection practices

29  test as prescribed by s. 509.039; and

30

31


                                  5

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






                                        CS/HB 155, First Engrossed



  1         (c)  Pass a written examination to demonstrate

  2  knowledge of the laws and rules which regulate public food

  3  service establishments.

  4         Section 3.  Section 509.039, Florida Statutes, is

  5  amended to read:

  6         509.039  Food service manager certification.--It is the

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

  8  standards for the training and certification of all food

  9  service managers who are responsible for the storage,

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

11  establishments regulated under this chapter.  The standards

12  adopted by the division shall be consistent with the Standards

13  for Accreditation of Food Protection Manager Certification

14  Programs adopted by the Conference for Food Protection.  These

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

16  upon successfully passing a test approved by the Conference

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

18  shall have demonstrated a knowledge of basic food protection

19  practices.  The division may contract with an organization

20  offering a training and certification program that complies

21  with division standards and results in a certification

22  recognized by the Conference for Food Protection These

23  standards shall also provide for a certification program which

24  authorizes private or public agencies to conduct an approved

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

26  division.  Other organizations offering programs that meet the

27  same requirements may also conduct approved tests and shall

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

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

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

31  of the division for the food services manager training and


                                  6

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






                                        CS/HB 155, First Engrossed



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

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

  3  must have passed an approved this test and received a

  4  certificate attesting thereto.  Managers have a period of 90

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

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

  7  provided, however, that any local ordinances establishing a

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

  9  remain in effect.

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

11  Florida Statutes, are amended to read:

12         509.251  License fees.--

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

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

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

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

17  establishment. The aggregate fee per establishment charged any

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

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

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

21  Resort condominium units within separate buildings or at

22  separate locations but managed by one licensed agent may be

23  combined in a single license application, and the division

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

25  are in a single licensed establishment. Resort dwelling units

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

27  fee schedule shall require an establishment which applies for

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

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

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

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


                                  7

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






                                        CS/HB 155, First Engrossed



  1  The fee schedule shall include fees collected for the purpose

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

  3  509.302, which are payable in full for each application

  4  regardless of when the application is submitted.

  5         (a)  Upon making initial application or an application

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

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

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

  9  all costs associated with initiating regulation of the

10  establishment.

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

12  30 days after the expiration date shall be accompanied by a

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

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

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

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

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

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

19  required by law.

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

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

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

23  schedule shall prescribe a basic fee and additional fees based

24  on seating capacity and services offered. The aggregate fee

25  per establishment charged any public food service

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

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

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

29  require an establishment which applies for an initial license

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

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


                                  8

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






                                        CS/HB 155, First Engrossed



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

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

  3  shall include fees collected for the purpose of funding the

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

  5  are payable in full for each application regardless of when

  6  the application is submitted.

  7         (a)  Upon making initial application or an application

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

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

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

11  all costs associated with initiating regulation of the

12  establishment.

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

14  30 days after the expiration date shall be accompanied by a

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

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

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

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

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

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

21  required by law.

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

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

24  said section, to read:

25         509.291  Advisory council.--

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

27  better relations, understanding, and cooperation between such

28  industries and the division; to suggest means of better

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

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

31  the benefit of its knowledge and experience concerning the


                                  9

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






                                        CS/HB 155, First Engrossed



  1  industries and individual businesses affected by the laws and

  2  rules administered by the division; and to promote and

  3  coordinate the development of programs to educate and train

  4  personnel for such industries; and to perform such other

  5  duties as prescribed by law.

  6         (5)  The secretary and the division shall periodically

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

  8  financial status for the purpose of maintaining the financial

  9  stability of the division. The council shall make

10  recommendations, when it deems appropriate, to the secretary

11  and the division to ensure that adequate funding levels from

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

13  paid by the industries it regulates are maintained.

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

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

16  the Hospitality Education Program for the purpose of

17  permitting the advisory council to determine compliance with

18  the provisions of s. 509.072(2).

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

20  Statutes, is amended to read:

21         509.302  Director of education, personnel, employment

22  duties, compensation.--

23         (3)  All public lodging establishments and all public

24  food service establishments licensed under this chapter shall

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

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

27  the sole purpose of funding the Hospitality Education Program.

28         Section 7.  Section 399.01, Florida Statutes, is

29  amended to read:

30         399.01  Definitions.--As used in this chapter, the

31  term:


                                  10

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






                                        CS/HB 155, First Engrossed



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

  2  vertical conveyance other than maintenance, repair, or

  3  replacement.

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

  5  issued by the division which evidences the competency of a

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

  7  vertical conveyance.

  8         (2)(3)  "Certificate of operation" means a document

  9  issued by the department which indicates that the conveyance

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

11  have been paid as provided in this chapter.

12         (3)(4)  "Conveyance" means an elevator, dumbwaiter,

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

14  chairlift.

15         (4)(5)  "Department" means the Department of Business

16  and Professional Regulation.

17         (5)(6)  "Division" means the Division of Hotels and

18  Restaurants of the Department of Business and Professional

19  Regulation.

20         (6)(7)  "Elevator" means one of the following

21  mechanical devices:

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

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

24  more landings to transport material or passengers or both.

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

26  continuous stairway used for raising or lowering passengers.

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

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

29  guide rails and serves two or more landings.

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

31  passenger-carrying device on which passengers stand or walk


                                  11

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






                                        CS/HB 155, First Engrossed



  1  and in which the passenger-carrying surface remains parallel

  2  to its direction of motion and is uninterrupted.

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

  4  used to transport physically handicapped persons over

  5  architectural barriers.

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

  7  a device used to transport wheelchair handicapped persons over

  8  architectural barriers.

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

10  escalator in the Florida Building Code.

11         (7)(9)  "Existing installation" means an installation

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

13  Code.

14         (8)(10)  "Elevator Safety Technical Advisory Committee"

15  means the committee appointed by the secretary of the

16  Department of Business and Professional Regulation.

17         (9)(11)  "Private residence" means a separate dwelling

18  or a separate apartment in a multiple dwelling which is

19  occupied by members of a single-family unit.

20         (10)(12)  "Service maintenance contract" means a

21  contract that provides for routine examination, lubrication,

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

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

24  elevator and annual relief pressure test on a hydraulic

25  elevator and any other service, repair, and maintenance

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

27  service maintenance contract shall be made available upon

28  request of the department for purposes of oversight and

29  monitoring.

30         (11)(13)  "Temporarily dormant conveyance" means a

31  conveyance whose power supply has been disconnected by


                                  12

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






                                        CS/HB 155, First Engrossed



  1  removing fuses and placing a padlock on the mainline

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

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

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

  5  a certified certificate of competency elevator inspector. This

  6  conveyance installation may not be used again until it has

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

  8  Annual inspections shall continue for the duration of the

  9  temporarily dormant status by a certified certificate of

10  competency elevator inspector. The temporarily dormant status

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

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

13  chief elevator inspector describing the current conditions.

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

15  without permission from the department elevator inspector.

16         (12)(14)  "Temporary operation inspection permit" means

17  an inspection performed by a certified elevator inspector, the

18  successful passage of a document issued by the department

19  which permits the temporary use of a noncompliant vertical

20  conveyance as provided by rule.

21         (13)(15)  "Registered elevator company" means an entity

22  registered with and authorized by the division employing

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

24  any vertical conveyance. Each registered elevator company must

25  annually register with the division and maintain general

26  liability insurance coverage in the minimum amounts set by

27  rule the division.

28         (14)(16)  "Certified elevator inspector" is a natural

29  person registered with and authorized by the division to

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

31  conveyance, after having properly acquired the qualified


                                  13

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






                                        CS/HB 155, First Engrossed



  1  elevator inspector credential as prescribed by the American

  2  Society of Mechanical Engineers. Each certified elevator

  3  inspector must annually register with the division and provide

  4  from the National Association of Elevator Safety Authorities.

  5  Such person shall remain so authorized by the division only

  6  upon providing annual proof of completion of 8 hours of

  7  continuing education, proof that and the qualified elevator

  8  inspector credential remains in good standing, and proof of

  9  with the National Association of Elevator Safety Authorities.

10  A licensed mechanical engineer whose license is in good

11  standing may be authorized as a certified elevator inspector

12  by the division. Each certified elevator inspector must

13  annually register with the division and maintain general

14  liability insurance coverage in the minimum amounts set by the

15  division.

16         (15)(17)  "Certified elevator technician" means a

17  natural person authorized by the division to construct,

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

19  having been issued an elevator certificate of competency by

20  the division. Each certified elevator technician must annually

21  register with the division and be covered by maintain general

22  liability insurance coverage in the minimum amounts set by the

23  division.

24         (16)(18)  "Elevator helper" means a natural person

25  performing work under the direct supervision of an elevator

26  certificate of competency holder a certified elevator

27  inspector or an elevator technician to construct, install,

28  maintain, or repair any vertical conveyance.

29         (17)(19)  "Elevator certificate of competency" means a

30  credential issued by the division to any individual natural

31  person successfully completing an examination as prescribed by


                                  14

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






                                        CS/HB 155, First Engrossed



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

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

  3  renewed by the division when the division receives proof of

  4  the elevator certificate of competency holder's completion of

  5  8 hours of continuing education from a provider approved by

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

  7  department shall adopt by rule criteria for providing approval

  8  and procedures for continuing education reporting.

  9         (a)  An elevator certificate of competency may be

10  issued only if the applicant meets the following requirements:

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

12  maintenance, service, and repair of conveyances covered by

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

14  previously registered elevator companies as required by the

15  division.

16         2.  One of the following:

17         a.  Proof of completion and successful passage of a

18  written examination administered by the division or a provider

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

20         b.  Proof of completion of an apprenticeship program

21  for elevator mechanics which has standards substantially

22  equivalent to those found in a national training program for

23  elevator mechanics and is registered with the Bureau of

24  Apprenticeship and Training of the United States Department of

25  Labor or a state apprenticeship authority.

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

27  local jurisdiction in the United States having standards

28  substantially equal to or more stringent than those of this

29  chapter.

30

31


                                  15

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






                                        CS/HB 155, First Engrossed



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

  2  good standing may be granted an elevator certificate of

  3  competency.

  4

  5  All other building transportation terms are defined in the

  6  current Florida Building Code.

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

  8  Florida Statutes, are amended to read:

  9         399.02  General requirements.--

10         (1)  The Elevator Safety Technical Advisory Committee

11  shall develop and submit to the Director of Hotels and

12  Restaurants proposed regarding revisions to the elevator

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

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

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

16  for the correction of violations and deficiencies until the

17  elevator has been inspected and a certificate of operation has

18  been issued by the department.  The construction permitholder

19  is responsible for all tests of new and altered equipment

20  until the elevator has been inspected and a certificate of

21  operation has been issued by the department.

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

23  operation, and proper maintenance, and inspection and

24  correction of code deficiencies of the elevator after it has

25  been inspected and a certificate of operation has been issued

26  by the department. The responsibilities of the elevator owner

27  may be assigned by lease.

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

29  60 days before the expiration of the certificate of operation

30  whether there exists a service maintenance contract, with whom

31  the contract exists, and the details concerning the provisions


                                  16

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






                                        CS/HB 155, First Engrossed



  1  and implementation of the contract which the department

  2  requires. The department shall keep the names of companies

  3  with whom the contract exists confidential pursuant to the

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

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

  6  department.  The elevator owner must report any material

  7  change in the service maintenance contract no fewer than 30

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

  9  shall determine whether the provisions of the service

10  maintenance contract and its implementation ensure the safe

11  operation of the elevator.

12         Section 9.  Section 399.03, Florida Statutes, is

13  amended to read:

14         399.03  Design, installation, and alteration of

15  conveyances.--

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

17  erected, constructed, installed, or altered within buildings

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

19  department before the work is commenced. Permits must be

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

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

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

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

24  elevator company that the plans meet all applicable elevator

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

26  registered elevator companies in good standing. When any

27  material alteration is made, the alteration device must

28  conform to applicable requirements of the Florida Building

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

30  permit required hereunder may not be issued except to a

31  person, firm, or corporation holding a current elevator


                                  17

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






                                        CS/HB 155, First Engrossed



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

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

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

  4  operation is issued.

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

  6  application requirements and permit fees.

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

  8         (a)  There are any false statements or

  9  misrepresentations as to the material facts in the

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

11  based.

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

13  accordance with the code or rules.

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

15  performed in accordance with the provisions of the

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

17  conditions of the permit.

18         (d)  The construction permitholder to whom the permit

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

20         (4)  A permit expires if:

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

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

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

24  time the permit is issued.

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

26  60 days, or such shorter period of time as the department may

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

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

29  discretionary extension for the foregoing period.

30         (5)  All new conveyance installations must be performed

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


                                  18

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






                                        CS/HB 155, First Engrossed



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

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

  3  certify compliance with the applicable sections of this

  4  chapter and the Florida Building Code. Before any vertical

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

  6  must be inspected by a certified elevator licensed inspector

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

  8  with the elevator construction permitholder or elevator owner

  9  and certified as meeting the safety provisions of the Florida

10  Building Code, including the performance of all required

11  safety tests. The certified elevator inspector shall provide

12  the original copy of the inspection report to the department

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

14  may not be issued until the permitholder provides an affidavit

15  signed by the construction supervisor attesting that the

16  supervisor directly supervised the construction or

17  installation of the elevator. Upon successful inspection, the

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

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

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

21  the responsibility of the licensed elevator construction

22  permitholder to complete and submit a first-time registration

23  for a new installation. Vertical conveyances, including

24  stairway chairlifts, and inclined or vertical wheelchair lifts

25  located in private residences are not required to obtain a

26  certificate of operation under this chapter.

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

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

29  conveyance. A certificate of operation must be clearly

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

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


                                  19

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






                                        CS/HB 155, First Engrossed



  1  personnel. Certificates of operation may only be renewed for

  2  vertical conveyances having a current satisfactory inspection.

  3         (6)(7)  At the department's request, and to facilitate

  4  oversight and monitoring, the permitholder shall notify the

  5  department of the scheduled final inspection date and time for

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

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

  8  the presence of a licensed elevator inspector not associated

  9  with or employed by the installing company or contractor,

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

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

12  the applicable provisions of the Florida Building Code.

13         (7)(8)  Each elevator shall comply with the edition of

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

15  effect at the time of receipt of application for the

16  construction permit for the elevator.

17         (8)(9)  Each alteration to, or relocation of, an

18  elevator shall comply with the edition of the Florida Building

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

20  receipt of the application for the construction permit for the

21  alteration or relocation.

22         (9)(10)  When any change is made in the classification

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

24  requirements of the version of the Florida Building Code or

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

26  receipt of the application for the construction permit for the

27  change in classification.

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

29  installation or alteration is authorized for a period of 30

30  days after the completion of a satisfactory temporary

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


                                  20

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






                                        CS/HB 155, First Engrossed



  1  use is authorized from the date of completion of each

  2  additional satisfactory temporary operation inspection. A

  3  satisfactory temporary operation inspection must satisfy the

  4  following criteria: the elevator is tested under contract

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

  6  interlocks are installed; the car is completely enclosed,

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

  8  are installed and properly functioning; and terminal stopping

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

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

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

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

13  operating speed of the elevator, and the governor tripping

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

15  the elevator.

16         (b)  Temporary use is authorized only when a

17  satisfactory temporary operation inspection report, completed

18  within the last 30 days by a certified elevator inspector, and

19  a notice prescribed by the department, bearing a statement

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

21  elevator inspector, are conspicuously posted in the elevator.

22         Section 10.  Section 399.049, Florida Statutes, is

23  amended to read:

24         399.049  Disciplinary action Certificate of

25  competency.--

26         (1)  SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE

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

28  elevator inspector certification, an elevator company

29  registration, an elevator a license or certificate of

30  competency, or an elevator certificate of operation issued

31  under this chapter or impose an administrative penalty of up


                                  21

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






                                        CS/HB 155, First Engrossed



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

  2  licensee or certificateholder who commits any one or more of

  3  the following violations:

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

  5  the application for registration, certification, or any permit

  6  or certificate issued under this chapter.

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

  8  practice of the profession securing a license or certificate

  9  of competency.

10         (c)  Failure by a certified elevator inspector to

11  provide to notify the department and the certificate of

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

13  days after the date of any inspection performed after the

14  initial certificate of operation is issued of a conveyance

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

16  provisions of the elevator safety code incorporated into the

17  Florida Building Code.

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

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

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

21  rules adopted thereunder.

22         Section 11.  Section 399.061, Florida Statutes, is

23  amended to read:

24         399.061  Inspections; service maintenance contracts;

25  correction of deficiencies.--

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

27  this chapter must be annually inspected by a certified

28  elevator inspector through a third-party inspection service,

29  or by a municipality or county under contract with the

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

31  conveyance is maintained pursuant to a service maintenance


                                  22

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






                                        CS/HB 155, First Engrossed



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

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

  3  not employed by or otherwise associated with the maintenance

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

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

  6  a service maintenance contract, an inspection is not required

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

  8  verifying the existence, performance, and cancellation of each

  9  service maintenance contract must be filed annually with the

10  division as prescribed by rule.

11         (b)  A statement verifying the existence and

12  performance of each service maintenance contract must be filed

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

14  Cancellation of a service maintenance contract must be

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

16  may inspect an elevator whenever necessary to ensure its safe

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

18  available for a routine inspection.

19         (2)  The division may employ state elevator inspectors

20  to inspect an elevator whenever necessary to ensure its safe

21  operation. The division may also employ state elevator

22  inspectors to conduct any the inspections as required by this

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

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

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

26  elevator inspector is not available. Each state elevator

27  inspector shall be properly qualified as a certified elevator

28  inspector hold a certificate of competency issued by the

29  division.

30         (3)  Whenever the division determines from the results

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


                                  23

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






                                        CS/HB 155, First Engrossed



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

  2  the elevator or order the discontinuance of the use of the

  3  elevator until the division determines by inspection that such

  4  elevator has been satisfactorily repaired or replaced so that

  5  the elevator may be operated in a safe manner.

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

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

  8  division may issue an order to the elevator owner requiring

  9  correction of the violation and reinspection of the elevator

10  evidencing the correction.

11         Section 12.  Section 399.07, Florida Statutes, is

12  amended to read:

13         399.07  Certificates of operation; temporary operation

14  permits; fees.--

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

16  until the elevator company supervisor signs an affidavit

17  stating that the elevator company supervisor directly

18  supervised construction or installation of the elevator.

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

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

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

22  department may adopt rules establishing a procedure for

23  certificate renewal. Certificates of operation may be renewed

24  only for vertical conveyances having a current satisfactory

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

26  certificate of operation is in violation of this chapter.

27  Certificate of operation renewal applications received by the

28  department after the date of expiration of the last current

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

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

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


                                  24

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






                                        CS/HB 155, First Engrossed



  1  renewal of certificates of operation. The fees must be

  2  deposited into the Hotel and Restaurant Trust Fund. The

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

  4  of certificates of operation.  The renewal period commences on

  5  August 1 of each year.

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

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

  8  a transparent cover.

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

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

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

12  operation filed with the department after expiration date of

13  the certificate must be accompanied by a delinquency fee of

14  $50 in addition to the annual renewal fee and any other fees

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

16  Restaurant Trust Fund.

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

18  permit authorizing the temporary use of an elevator during

19  installation or alteration to an elevator company or general

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

21  temporary operation permit may not be issued until the

22  elevator has been inspected by a state elevator inspector and

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

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

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

26  electrical safety devices are installed and properly

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

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

29  temporary enclosure, the operating means must be by constant

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

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


                                  25

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






                                        CS/HB 155, First Engrossed



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

  2  operating speed of the elevator.

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

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

  5  the discretion of the department.

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

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

  8  elevator has not been finally approved by a state elevator

  9  inspector, must be conspicuously posted in the elevator.

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

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

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

13  Trust Fund.

14         (3)  The certificate of operation shall contain the

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

16  in elevators.

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

18  SMOKING" along with the international symbol for no smoking

19  shall be conspicuously displayed within the interior of the

20  elevator in the plain view of the public.

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

22  authorized by this chapter operation permit, the operation or

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

24  prohibited until the elevator has passed the tests and

25  inspections required by this chapter and a certificate of

26  operation has been issued.

27         (6)  The department may suspend any certificate of

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

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

30  suspension remains in effect until the department receives

31  satisfactory results of an inspection performed by a certified


                                  26

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






                                        CS/HB 155, First Engrossed



  1  elevator inspector indicating determines, by inspection, that

  2  the elevator has been brought into compliance.

  3         Section 13.  Section 399.105, Florida Statutes, is

  4  amended to read:

  5         399.105  Administrative fines.--

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

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

  8  requests of the department to determine whether the provisions

  9  of a service maintenance contract and its implementation

10  ensure assure safe elevator operation is subject to an

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

12  other penalty provided by law.

13         (2)  Any person who commences the operation,

14  installation, relocation, or alteration of any elevator for

15  which a permit or certificate is required by this chapter

16  without having obtained from the department the permit or

17  certificate is subject to an administrative fine not greater

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

19  No fine may be imposed under this subsection for commencing

20  installation without a construction permit if such permit is

21  issued within 60 days after the actual commencement of

22  installation.

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

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

25  been sealed by the department is subject to an administrative

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

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

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

29  law.

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

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


                                  27

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






                                        CS/HB 155, First Engrossed



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

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

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

  4         (5)  All administrative fines collected shall be

  5  deposited into the Hotel and Restaurant Trust Fund.

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

  7  Statutes, is amended to read:

  8         399.106  Elevator Safety Technical Advisory

  9  Committee.--

10         (2)  The committee members shall serve staggered terms

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

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

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

14         Section 15.  Section 399.125, Florida Statutes, is

15  amended to read:

16         399.125  Reporting of elevator accidents or incidents;

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

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

19  operation holder shall report the accident or incident to the

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

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

22  will subject the certificate of operation holder to an

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

24  amount not to exceed $1,000.

25         Section 16.  Section 399.13, Florida Statutes, is

26  amended to read:

27         399.13  Delegation of authority to municipalities or

28  counties.--

29         (1)  The department may enter into contracts with

30  municipalities or counties under which such municipalities or

31  counties will issue construction permits, temporary operation


                                  28

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






                                        CS/HB 155, First Engrossed



  1  permits, and certificates of operation; will provide for

  2  inspection of elevators, including temporary operation

  3  inspections; and will enforce the applicable provisions of the

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

  5  municipality or county may choose to require inspections to be

  6  performed by its own inspectors or by private certified

  7  elevator inspectors. Each such agreement shall include a

  8  provision that the municipality or county shall maintain for

  9  inspection by the department copies of all applications for

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

11  proper records showing the number of certificates of operation

12  issued; shall include a provision that each required

13  inspection be conducted by a certified elevator inspector the

14  holder of a certificate of competency issued by the

15  department; and may include such other provisions as the

16  department deems necessary.

17         (2)  The department may make inspections of elevators

18  in such municipality or county for the purpose of determining

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

20  cancel the contract with any municipality or county which the

21  department finds has failed to comply with such contract or

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

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

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

25  issued after October 1, 1990.

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

27  law.

28

29

30

31


                                  29

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