House Bill hb0155e1
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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
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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.;
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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
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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
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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
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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
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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.
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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
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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
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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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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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
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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
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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.
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