HB 1375 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Local Government & Veterans' Affairs recommends
7	the following:
8
9	Committee Substitute
10	Remove the entire bill and insert:
11	A bill to be entitled
12	An act relating to the Florida Building Code; amending s.
13	553.73, F.S.; applying code requirements to certain
14	additional structures; providing for readoption of certain
15	local technical amendments; providing legislative intent
16	relating to maintaining the code concurrent with certain
17	national standards; providing code amendment criteria and
18	review requirements; amending s. 553.74, F.S., as amended;
19	providing for nominations of Florida Building Commission
20	members from certain lists; authorizing the Governor to
21	appoint commission members; providing requirements,
22	procedures, limitations, and criteria for regional
23	emergency elevator access; providing duties of the State
24	Fire Marshal; providing an exception; amending s. 553.77,
25	F.S.; revising specific powers of the commission; creating
26	s. 553.775, F.S.; providing for interpretations of the
27	building code by certain entities; providing procedures
28	and requirements; providing for reviews of certain
29	decisions to interpret provisions of the code; providing
30	procedures and requirements; providing for hearings;
31	providing for appeals of decisions; providing exceptions;
32	authorizing the commission to adopt rules; amending s.
33	553.79, F.S.; exempting truss placement plans from certain
34	requirements; amending s. 553.791, F.S.; revising
35	provisions for alternative plans review and inspection;
36	correcting a cross reference; amending s. 553.80, F.S.;
37	authorizing local governments to impose certain fees for
38	code enforcement; providing requirements and limitations;
39	authorizing the commission to expedite adoption and
40	implementation of the Florida Existing Buildings Code as
41	part of the Florida Building Code pursuant to limited
42	procedures; correcting a cross reference; amending s.
43	553.842, F.S.; including an additional entity within
44	provisions for product evaluation and approval; amending
45	s. 120.80, F.S.; authorizing the Florida Building
46	Commission and hearing officers to conduct proceedings to
47	review decisions of local building code officials;
48	creating the Florida Construction Council Act; creating
49	the Florida Construction Council for certain purposes;
50	providing for staff; providing duties and
51	responsibilities; providing for a board of directors;
52	providing for membership; providing powers and duties of
53	the council; amending s. 399.106, F.S.; revising
54	membership of the Elevator Safety Technical Advisory
55	Committee; deleting an obsolete meeting requirement;
56	amending s. 553.841, F.S.; revising provisions relating to
57	a building code training program; amending s. 553.8412,
58	F.S.; correcting a cross reference; amending s. 633.171,
59	F.S.; prohibiting certain installations of fireworks or
60	pyrotechnic devices in certain facilities under certain
61	circumstances; providing a criminal penalty; providing an
62	effective date for certain administrative rules of the
63	Florida Building Commission; providing commission duties
64	and requirements; limiting expenditures of certain funds;
65	providing an effective date.
66
67	Be It Enacted by the Legislature of the State of Florida:
68
69	Section 1. Subsections (2), (4), and (6) and paragraphs
70	(a) and (c) of subsection (7) of section 553.73, Florida
71	Statutes, are amended to read:
72	553.73 Florida Building Code.--
73	(2) The Florida Building Code shall contain provisions or
74	requirements for public and private buildings, structures, and
75	facilities relative to structural, mechanical, electrical,
76	plumbing, energy, and gas systems, existing buildings,
77	historical buildings, manufactured buildings, elevators, coastal
78	construction, lodging facilities, food sales and food service
79	facilities, health care facilities, including assisted living
80	facilities, adult day care facilities, hospice residential
81	facilities, inpatient facilities,and facilities for the control
82	of radiation hazards, public or private educational facilities,
83	swimming pools, and correctional facilities and enforcement of
84	and compliance with such provisions or requirements. Further,
85	the Florida Building Code must provide for uniform
86	implementation of ss. 515.25, 515.27, and 515.29 by including
87	standards and criteria for residential swimming pool barriers,
88	pool covers, latching devices, door and window exit alarms, and
89	other equipment required therein, which are consistent with the
90	intent of s. 515.23. Technical provisions to be contained within
91	the Florida Building Code are restricted to requirements related
92	to the types of materials used and construction methods and
93	standards employed in order to meet criteria specified in the
94	Florida Building Code. Provisions relating to the personnel,
95	supervision or training of personnel, or any other professional
96	qualification requirements relating to contractors or their
97	workforce may not be included within the Florida Building Code,
98	and subsections (4), (5), (6), and (7) are not to be construed
99	to allow the inclusion of such provisions within the Florida
100	Building Code by amendment. This restriction applies to both
101	initial development and amendment of the Florida Building Code.
102	(4)(a) All entities authorized to enforce the Florida
103	Building Code pursuant to s. 553.80 shall comply with applicable
104	standards for issuance of mandatory certificates of occupancy,
105	minimum types of inspections, and procedures for plans review
106	and inspections as established by the commission by rule. Local
107	governments may adopt amendments to the administrative
108	provisions of the Florida Building Code, subject to the
109	limitations of this paragraph. Local amendments shall be more
110	stringent than the minimum standards described herein and shall
111	be transmitted to the commission within 30 days after enactment.
112	The local government shall make such amendments available to the
113	general public in a usable format. The State Fire Marshal is
114	responsible for establishing the standards and procedures
115	required in this paragraph for governmental entities with
116	respect to applying the Florida Fire Prevention Code and the
117	Life Safety Code.
118	(b) Local governments may, subject to the limitations of
119	this section, adopt amendments to the technical provisions of
120	the Florida Building Code which apply solely within the
121	jurisdiction of such government and which provide for more
122	stringent requirements than those specified in the Florida
123	Building Code, not more than once every 6 months. A local
124	government may adopt technical amendments that address local
125	needs if:
126	1. The local governing body determines, following a public
127	hearing which has been advertised in a newspaper of general
128	circulation at least 10 days before the hearing, that there is a
129	need to strengthen the requirements of the Florida Building
130	Code. The determination must be based upon a review of local
131	conditions by the local governing body, which review
132	demonstrates by evidence or data that the geographical
133	jurisdiction governed by the local governing body exhibits a
134	local need to strengthen the Florida Building Code beyond the
135	needs or regional variation addressed by the Florida Building
136	Code, that the local need is addressed by the proposed local
137	amendment, and that the amendment is no more stringent than
138	necessary to address the local need.
139	2. Such additional requirements are not discriminatory
140	against materials, products, or construction techniques of
141	demonstrated capabilities.
142	3. Such additional requirements may not introduce a new
143	subject not addressed in the Florida Building Code.
144	4. The enforcing agency shall make readily available, in a
145	usable format, all amendments adopted pursuant to this section.
146	5. Any amendment to the Florida Building Code shall be
147	transmitted within 30 days by the adopting local government to
148	the commission. The commission shall maintain copies of all such
149	amendments in a format that is usable and obtainable by the
150	public. Local technical amendments shall not become effective
151	until 30 days after the amendment has been received and
152	published by the commission.
153	6. Any amendment to the Florida Building Code adopted by a
154	local government pursuant to this paragraph shall be effective
155	only until the adoption by the commission of the new edition of
156	the Florida Building Code every third year. At such time, the
157	commission shall review such amendment for consistency with the
158	criteria in paragraph (7)(a) and adopt such amendment as part of
159	the Florida Building Code or rescind the amendment. The
160	commission shall immediately notify the respective local
161	government of the rescission of any amendment. After receiving
162	such notice, the respective local government may readopt the
163	rescinded amendment pursuant to the provisions of this
164	paragraph.
165	7. Each county and municipality desiring to make local
166	technical amendments to the Florida Building Code shall by
167	interlocal agreement establish a countywide compliance review
168	board to review any amendment to the Florida Building Code,
169	adopted by a local government within the county pursuant to this
170	paragraph, that is challenged by any substantially affected
171	party for purposes of determining the amendment's compliance
172	with this paragraph. If challenged, the local technical
173	amendments shall not become effective until time for filing an
174	appeal pursuant to subparagraph 8. has expired or, if there is
175	an appeal, until the commission issues its final order
176	determining the adopted amendment is in compliance with this
177	subsection.
178	8. If the compliance review board determines such
179	amendment is not in compliance with this paragraph, the
180	compliance review board shall notify such local government of
181	the noncompliance and that the amendment is invalid and
182	unenforceable until the local government corrects the amendment
183	to bring it into compliance. The local government may appeal the
184	decision of the compliance review board to the commission. If
185	the compliance review board determines such amendment to be in
186	compliance with this paragraph, any substantially affected party
187	may appeal such determination to the commission. Any such appeal
188	shall be filed with the commission within 14 days of the board's
189	written determination. The commission shall promptly refer the
190	appeal to the Division of Administrative Hearings for the
191	assignment of an administrative law judge. The administrative
192	law judge shall conduct the required hearing within 30 days, and
193	shall enter a recommended order within 30 days of the conclusion
194	of such hearing. The commission shall enter a final order within
195	30 days thereafter. The provisions of chapter 120 and the
196	uniform rules of procedure shall apply to such proceedings. The
197	local government adopting the amendment that is subject to
198	challenge has the burden of proving that the amendment complies
199	with this paragraph in proceedings before the compliance review
200	board and the commission, as applicable. Actions of the
201	commission are subject to judicial review pursuant to s. 120.68.
202	The compliance review board shall determine whether its
203	decisions apply to a respective local jurisdiction or apply
204	countywide.
205	9. An amendment adopted under this paragraph shall include
206	a fiscal impact statement which documents the costs and benefits
207	of the proposed amendment. Criteria for the fiscal impact
208	statement shall include the impact to local government relative
209	to enforcement, the impact to property and building owners, as
210	well as to industry, relative to the cost of compliance. The
211	fiscal impact statement may not be used as a basis for
212	challenging the amendment for compliance.
213	10. In addition to subparagraphs 7. and 9., the commission
214	may review any amendments adopted pursuant to this subsection
215	and make nonbinding recommendations related to compliance of
216	such amendments with this subsection.
217	(c) Any amendment adopted by a local enforcing agency
218	pursuant to this subsection shall not apply to state or school
219	district owned buildings, manufactured buildings or factory-
220	built school buildings approved by the commission, or prototype
221	buildings approved pursuant to s. 553.77(3)(5). The respective
222	responsible entities shall consider the physical performance
223	parameters substantiating such amendments when designing,
224	specifying, and constructing such exempt buildings.
225
226	Each local government may readopt, pursuant to this subsection,
227	any local technical amendment to a building code which amendment
228	was adopted by the local government but was repealed by the
229	Legislature upon approval of the Florida Building Code by the
230	Legislature during the 2000 legislative session.
231	(6)(a) It is the intent of the Legislature that the
232	Florida Building Code be maintained up to date with the national
233	consensus standards. Further, it is the intent of the
234	Legislature that the Florida Building Code be maintained to
235	reflect Florida-specific needs and conditions affecting its
236	built environment. When updating the code, the commission shall
237	consider:
238	1. New editions of national model codes and consensus
239	standards incorporated into the Florida Building Code.
240	2. Successor national model codes and consensus standards
241	if the predecessor national model codes or consensus standards
242	are no longer maintained by the organizations which adopted such
243	predecessor codes or standards.
244	3. Existing approved and adopted Florida-specific
245	modifications and such interpretations, declaratory statements,
246	and appellate decisions of the commission.
247	4. Local amendments reviewed pursuant to subparagraph
248	(4)(b)6.
249	5. Such Florida-specific amendments first approved by the
250	commission pursuant to subsection (7) and considered essential
251	to maintaining the Florida Building Code requirements
252	appropriate to the state.
253
254	All of the foregoing shall be considered, selected, and adopted
255	pursuant to paragraph (b).
256	(b)The commission, by rule adopted pursuant to ss.
257	120.536(1) and 120.54, shall update the Florida Building Code
258	every 3 years. When updating the Florida Building Code, the
259	commission shall consider changes made by the adopting entity of
260	any selected model code for any model code incorporated into the
261	Florida Building Code, and may subsequently adopt the new
262	edition or successor of the model code or any part of such code,
263	no sooner than 6 months after such model code has been adopted
264	by the adopting organization, which may then be modified for
265	this state as provided in this section, and shall further
266	consider the commission's own interpretations, declaratory
267	statements, appellate decisions, and approved statewide and
268	local technical amendments. A change made by an institute or
269	standards organization to any standard or criterion that is
270	adopted by reference in the Florida Building Code does not
271	become effective statewide until it has been adopted by the
272	commission. Furthermore, the edition of the Florida Building
273	Code which is in effect on the date of application for any
274	permit authorized by the code governs the permitted work for the
275	life of the permit and any extension granted to the permit. Any
276	amendment to the Florida Building Code which is adopted upon a
277	finding by the commission that the amendment is necessary to
278	protect the public from immediate threat of harm takes effect
279	immediately.
280	(7)(a) The commission may approve technical amendments to
281	the Florida Building Code once each year for statewide or
282	regional application upon a finding that the amendment:
283	1. Has a reasonable and substantial connection with the
284	health, safety, and welfare of the general public.
285	2. Strengthens or improves the Florida Building Code, or
286	in the case of innovation or new technology, will provide
287	equivalent or better products or methods or systems of
288	construction.
289	3. Does not discriminate against materials, products,
290	methods, or systems of construction of demonstrated
291	capabilities.
292	4. Does not degrade the effectiveness of the Florida
293	Building Code.
294
295	Furthermore, the Florida Building Commission may approve
296	technical amendments to the code once each year to incorporate
297	into the Florida Building Code its own interpretations of the
298	code which are embodied in its opinions, final orders,and
299	declaratory statements and in interpretations of hearing officer
300	panels under s. 553.775(3)(c). Amendments approved under this
301	paragraph shall be adopted by rule pursuant to ss. 120.536(1)
302	and 120.54, after the amendments have been subjected to the
303	provisions of subsection (3).
304	(c) The commission may not approve any proposed amendment
305	that does not accurately and completely address all requirements
306	for amendment which are set forth in this section. The
307	commission shall require all proposed amendments and information
308	submitted with proposed amendments to be reviewed by commission
309	staff prior to consideration by any technical advisory
310	committee. These reviews shall be for sufficiency only and are
311	not intended to be qualitative in nature. Staff members shall
312	reject any proposed amendment that fails to include a fiscal
313	impact statement providing information responsive to all
314	criteria identified. Proposed amendments rejected by members of
315	the staff may not be considered by the commission or any
316	technical advisory committee.
317	Section 2. Effective October 1, 2003, subsection (1) of
318	section 553.74, Florida Statutes, as amended by section 15 of
319	chapter 2002-293, Laws of Florida, is amended to read:
320	553.74 Florida Building Commission.--
321	(1) The Florida Building Commission is created and shall
322	be located within the Department of Community Affairs for
323	administrative purposes. Members shall be appointed by the
324	Governor subject to confirmation by the Senate. The commission
325	shall be composed of 23 members, consisting of the following:
326	(a) One architect registered to practice in this state and
327	actively engaged in the profession from a list of three
328	candidates provided by the American Institute of Architecture,
329	Florida Section.
330	(b) One structural engineer registered to practice in this
331	state and actively engaged in the profession from a list of
332	three candidates provided by the Florida Engineering Society.
333	(c) One air-conditioning or mechanical contractor
334	certified to do business in this state and actively engaged in
335	the profession from a list of three candidates provided by the
336	Florida Air Conditioning Contractors Association and the Florida
337	Refrigeration and Air Conditioning Contractors Association.
338	(d) One electrical contractor certified to do business in
339	this state and actively engaged in the profession from a list of
340	three candidates provided by the Florida Electrical Contractors
341	Association.
342	(e) One member from fire protection engineering or
343	technology who is actively engaged in the profession from a list
344	of three candidates provided by the Florida Fire Protection
345	Engineers Society and the Florida Fire Marshals Association.
346	(f) One generalcontractor certified to do business in
347	this state and actively engaged in the profession from a list of
348	three candidates provided by the Associated Builders and
349	Contractors of Florida and the Florida Associated General
350	Contractors Council.
351	(g) One plumbing contractor licensed to do business in
352	this state and actively engaged in the profession from a list of
353	three candidates provided by the Florida Association of
354	Plumbing, Heating, and Cooling Contractors.
355	(h) One roofing or sheet metal contractor certified to do
356	business in this state and actively engaged in the profession
357	from a list of three candidates provided by the Florida Roofing,
358	Sheet Metal and Air Conditioning Contractors Association.
359	(i) One residentialcontractor licensed to do business in
360	this state and actively engaged in the profession from a list of
361	three candidates provided by the Florida Home Builders
362	Association.
363	(j) Three members who are municipal or district codes
364	enforcement officials, two of whom shall be from a list of four
365	candidates provided by the Building Officials Association of
366	Florida, Inc., and one of whom is also a fire official from a
367	list of three candidates provided by the Florida Fire Marshals
368	Association.
369	(k) One member who represents the Department of Insurance.
370	(l) One member who is a county codes enforcement official
371	from a list of three candidates provided by the Building
372	Officials Association of Florida, Inc.
373	(m) One member of a Florida-based organization of persons
374	with disabilities or a nationally chartered organization of
375	persons with disabilities with chapters in this state.
376	(n) One member of the manufactured buildings industry who
377	is licensed to do business in this state and is actively engaged
378	in the industry from a list of three candidates provided by the
379	Florida Manufactured Housing Association.
380	(o) One mechanical or electrical engineer registered to
381	practice in this state and actively engaged in the profession
382	from a list of three candidates provided by the Florida
383	Engineering Society.
384	(p) One member who is an electedarepresentative of a
385	municipality or a charter county from a list of three candidates
386	provided by the Florida League of Cities and the Florida
387	Association of Counties.
388	(q) One member of the building products manufacturing
389	industry who is authorized to do business in this state and is
390	actively engaged in the industry from a list of candidates
391	provided by the Florida Building Materials Association, the
392	Florida Concrete and Products Association, and the Fenestration
393	Manufacturers Association.
394	(r) One member who is a representative of the building
395	owners and managers industry who is actively engaged in
396	commercial building ownership or management from a list of three
397	candidates provided by the Building Owners and Managers
398	Association.
399	(s) One member who is a representative of the insurance
400	industry from a list of three candidates provided by the Florida
401	Insurance Council.
402	(t) One member who is a representative of public
403	education.
404	(u) One member who shall be the chair.
405
406	Any person serving on the commission under paragraph (c) or
407	paragraph (h)on October 1, 2003, and who has served less than
408	two full terms is eligible for reappointment to the commission
409	regardless of whether he or she meets the new qualification. The
410	Governor may appoint commission members from the lists of
411	candidates submitted by the respective professional
412	organizations or may appoint any other persons otherwise
413	qualified according to this section.
414	Section 3. Regional emergency elevator access.--
415	(1) In order to provide emergency access to elevators:
416	(a) For each building in this state that is six or more
417	stories in height, including, but not limited to, hotels and
418	condominiums, and on which construction is begun after June 30,
419	2003, all of the keys for elevators that allow public access,
420	including, but not limited to, service and freight elevators,
421	must be keyed so as to allow all elevators within each of the
422	seven state emergency response regions to be operated in fire
423	service emergency situations with one master elevator key.
424	(b) Any building in this state that is six or more stories
425	in height and is "substantially renovated" as defined in the
426	Americans with Disabilities Act, as amended, after June 30,
427	2003, must also comply with paragraph (a).
428	(2) Each existing building in this state that is six or
429	more stories in height must comply with subsection (1) before
430	July 1, 2006.
431	(3) In addition to elevator owners, owners' agents,
432	elevator contractors, state certified inspectors, and state
433	agency representatives, master elevator keys may be issued only
434	to the fire department and may not be issued to any other
435	emergency response agency. A person may not duplicate a master
436	elevator key for issuance to, or issue such a key to, anyone
437	other than authorized fire department personnel. Each master
438	elevator key must be marked "DO NOT DUPLICATE."
439	(4) If it is technically or physically impossible to bring
440	a building into compliance with this section, the local fire
441	marshal may allow substitute emergency measures that will
442	provide reasonable emergency elevator access. The local fire
443	marshal's decision regarding substitute measures may be appealed
444	to the State Fire Marshal.
445	(5) The Division of State Fire Marshal of the Department
446	of Financial Services shall enforce this section.
447	(6) Builders should make every effort to use new
448	technology and developments in keying systems that make it
449	possible to convert existing equipment so as to provide
450	efficient regional emergency elevator access.
451	(7) Any building operated by an independent special
452	district or airport that has 24-hour emergency response services
453	is exempt from this section.
454	Section 4. Section 553.77, Florida Statutes, is amended to
455	read:
456	553.77 Specific powers of the commission.--
457	(1) The commission shall:
458	(a) Adopt and update the Florida Building Code or
459	amendments thereto, pursuant to ss. 120.536(1) and 120.54.
460	(b) Make a continual study of the operation of the Florida
461	Building Code and other laws relating to the design,
462	construction, erection, alteration, modification, repair, or
463	demolition of public or private buildings, structures, and
464	facilities, including manufactured buildings, and code
465	enforcement, to ascertain their effect upon the cost of building
466	construction and determine the effectiveness of their
467	provisions. Upon updating the Florida Building Code every 3
468	years, the commission shall review existing provisions of law
469	and make recommendations to the Legislature for the next regular
470	session of the Legislature regarding provisions of law that
471	should be revised or repealed to ensure consistency with the
472	Florida Building Code at the point the update goes into effect.
473	State agencies and local jurisdictions shall provide such
474	information as requested by the commission for evaluation of and
475	recommendations for improving the effectiveness of the system of
476	building code laws for reporting to the Legislature annually.
477	Failure to comply with this or other requirements of this act
478	must be reported to the Legislature for further action. Any
479	proposed legislation providing for the revision or repeal of
480	existing laws and rules relating to technical requirements
481	applicable to building structures or facilities should expressly
482	state that such legislation is not intended to imply any repeal
483	or sunset of existing general or special laws governing any
484	special district that are not specifically identified in the
485	legislation.
486	(c) Upon written application by any substantially affected
487	person or a local enforcement agency, issue declaratory
488	statements pursuant to s. 120.565 relating to new technologies,
489	techniques, and materials which have been tested where necessary
490	and found to meet the objectives of the Florida Building Code.
491	This paragraph does not apply to the types of products,
492	materials, devices, or methods of construction required to be
493	approved under paragraph (f)(i).
494	(d) Upon written application by any substantially affected
495	person, state agency, or a local enforcement agency, issue
496	declaratory statements pursuant to s. 120.565 relating to the
497	enforcement or administration by local governments of the
498	Florida Building Code. Paragraph (h) provides the exclusive
499	remedy for addressing local interpretations of the code.
500	(e) When requested in writing by any substantially
501	affected person, state agency, or a local enforcing agency,
502	shall issue declaratory statements pursuant to s. 120.565
503	relating to this part and ss. 515.25, 515.27, 515.29, and
504	515.37. Actions of the commission are subject to judicial review
505	pursuant to s. 120.68.
506	(d)(f)Make recommendations to, and provide assistance
507	upon the request of, the Florida Commission on Human Relations
508	regarding rules relating to accessibility for persons with
509	disabilities.
510	(e)(g)Participate with the Florida Fire Code Advisory
511	Council created under s. 633.72, to provide assistance and
512	recommendations relating to firesafety code interpretations. The
513	administrative staff of the commission shall attend meetings of
514	the Florida Fire Code Advisory Council and coordinate efforts to
515	provide consistency between the Florida Building Code and the
516	Florida Fire Prevention Code and the Life Safety Code.
517	(h) Hear appeals of the decisions of local boards of
518	appeal regarding interpretation decisions of local building
519	officials, or if no local board exists, hear appeals of
520	decisions of the building officials regarding interpretations of
521	the code. For such appeals:
522	1. Local decisions declaring structures to be unsafe and
523	subject to repair or demolition shall not be appealable to the
524	commission if the local governing body finds there is an
525	immediate danger to the health and safety of its citizens.
526	2. All appeals shall be heard in the county of the
527	jurisdiction defending the appeal.
528	3. Hearings shall be conducted pursuant to chapter 120 and
529	the uniform rules of procedure, and decisions of the commission
530	are subject to judicial review pursuant to s. 120.68.
531	(f)(i)Determine the types of products requiring approval
532	for local or statewide use and shall provide for the evaluation
533	and approval of such products, materials, devices, and method of
534	construction for statewide use. The commission may prescribe by
535	rule a schedule of reasonable fees to provide for evaluation and
536	approval of products, materials, devices, and methods of
537	construction. Evaluation and approval shall be by action of the
538	commission or delegated pursuant to s. 553.842. This paragraph
539	does not apply to products approved by the State Fire Marshal.
540	(g)(j)Appoint experts, consultants, technical advisers,
541	and advisory committees for assistance and recommendations
542	relating to the major areas addressed in the Florida Building
543	Code.
544	(h)(k)Establish and maintain a mutual aid program,
545	organized through the department, to provide an efficient supply
546	of various levels of code enforcement personnel, design
547	professionals, commercial property owners, and construction
548	industry individuals, to assist in the rebuilding effort in an
549	area which has been hit with disaster. The program shall include
550	provisions for:
551	1. Minimum postdisaster structural, electrical, and
552	plumbing inspections and procedures.
553	2. Emergency permitting and inspection procedures.
554	3. Establishing contact with emergency management
555	personnel and other state and federal agencies.
556	(i)(l)Maintain a list of interested parties for noticing
557	rulemaking workshops and hearings, disseminating information on
558	code adoption, revisions, amendments, and all other such actions
559	which are the responsibility of the commission.
560	(j)(m)Coordinate with the state and local governments,
561	industry, and other affected stakeholders in the examination of
562	legislative provisions and make recommendations to fulfill the
563	responsibility to develop a consistent, single code.
564	(k)(n)Provide technical assistance to local building
565	departments in order to implement policies, procedures, and
566	practices which would produce the most cost-effective property
567	insurance ratings.
568	(l)(o)Develop recommendations for local governments to
569	use when pursuing partial or full privatization of building
570	department functions. The recommendations shall include, but not
571	be limited to, provisions relating to equivalency of service,
572	conflict of interest, requirements for competency, liability,
573	insurance, and long-term accountability.
574	(2) Upon written application by any substantially affected
575	person, the commission shall issue a declaratory statement
576	pursuant to s. 120.565 relating to a state agency's
577	interpretation and enforcement of the specific provisions of the
578	Florida Building Code the agency is authorized to enforce. The
579	provisions of this subsection shall not be construed to provide
580	any powers, other than advisory, to the commission with respect
581	to any decision of the State Fire Marshal made pursuant to the
582	provisions of chapter 633.
583	(3) The commission may designate a commission member with
584	demonstrated expertise in interpreting building plans to attend
585	each meeting of the advisory council created in s. 553.512. The
586	commission member may vary from meeting to meeting, shall serve
587	on the council in a nonvoting capacity, and shall receive per
588	diem and expenses as provided in s. 553.74(3).
589	(2)(4)For educational and public information purposes,
590	the commission shall develop and publish an informational and
591	explanatory document which contains descriptions of the roles
592	and responsibilities of the licensed design professional,
593	residential designer, contractor, and local building and fire
594	code officials. The State Fire Marshal shall be responsible for
595	developing and specifying roles and responsibilities for fire
596	code officials. Such document may also contain descriptions of
597	roles and responsibilities of other participants involved in the
598	building codes system.
599	(3)(5)The commission may provide by rule for plans review
600	and approval of prototype buildings owned by public and private
601	entities to be replicated throughout the state. The rule must
602	allow for review and approval of plans for prototype buildings
603	to be performed by a public or private entity with oversight by
604	the commission. The department may charge reasonable fees to
605	cover the administrative costs of the program. Such approved
606	plans or prototype buildings shall be exempt from further review
607	required by s. 553.79(2), except changes to the prototype
608	design, site plans, and other site-related items. As provided in
609	s. 553.73, prototype buildings are exempt from any locally
610	adopted amendment to any part of the Florida Building Code.
611	Construction or erection of such prototype buildings is subject
612	to local permitting and inspections pursuant to this part.
613	(4)(6)The commission may produce and distribute a
614	commentary document to accompany the Florida Building Code. The
615	commentary must be limited in effect to providing technical
616	assistance and must not have the effect of binding
617	interpretations of the code document itself.
618	(7) The commission shall by rule establish an informal
619	process of rendering nonbinding interpretations of the Florida
620	Building Code. The commission is specifically authorized to
621	refer interpretive issues to organizations that represent those
622	engaged in the construction industry. The commission is directed
623	to immediately implement the process prior to the completion of
624	formal rulemaking. It is the intent of the Legislature that the
625	commission create a process to refer questions to a small,
626	rotating group of individuals licensed under part XII of chapter
627	468, to which a party can pose questions regarding the
628	interpretation of code provisions. It is the intent of the
629	Legislature that the process provide for the expeditious
630	resolution of the issues presented and publication of the
631	resulting interpretation on the Building Code Information
632	System. Such interpretations are to be advisory only and
633	nonbinding on the parties or the commission.
634	Section 5. Section 553.775, Florida Statutes, is created
635	to read:
636	553.775 Interpretations.--
637	(1) It is the intent of the Legislature that the Florida
638	Building Code be interpreted by building officials, local
639	enforcement agencies, and the commission in a manner that
640	protects the public safety, health, and welfare at the most
641	reasonable cost to the consumer by ensuring uniform
642	interpretations throughout the state and by providing processes
643	for resolving disputes regarding interpretations of the Florida
644	Building Code which are just and expeditious.
645	(2) Local enforcement agencies, local building officials,
646	state agencies, and the commission shall interpret provisions of
647	the Florida Building Code in a manner that is consistent with
648	declaratory statements and interpretations entered by the
649	commission, except that conflicts between the Florida Fire
650	Prevention Code and the Florida Building Code shall be resolved
651	in accordance with s. 553.73(9)(c) and (d).
652	(3) The following procedures may be invoked regarding
653	interpretations of the Florida Building Code:
654	(a) Upon written application by any substantially affected
655	person or state agency or a local enforcement agency, the
656	commission shall issue declaratory statements pursuant to s.
657	120.565 relating to the enforcement or administration by local
658	governments of the Florida Building Code. Paragraph (c) provides
659	the exclusive remedy for addressing requests to review local
660	interpretations of the code and appeals from review proceedings.
661	(b) When requested in writing by any substantially
662	affected person or state agency or a local enforcement agency,
663	the commission shall issue a declaratory statement pursuant to
664	s. 120.565 relating to this part and ss. 515.25, 515.27, 515.29,
665	and 515.37. Actions of the commission are subject to judicial
666	review under s. 120.68.
667	(c) The commission shall review decisions of local
668	building officials and local enforcement agencies regarding
669	interpretations of the Florida Building Code as follows:
670	1. The commission shall coordinate with the Building
671	Officials Association of Florida, Inc., to designate panels
672	composed of five members to hear requests to review decisions of
673	local building officials. The members must be licensed as
674	building code administrators under part XII of chapter 468 and
675	must have experience interpreting and enforcing provisions of
676	the Florida Building Code.
677	2. Requests to review a decision of a local building
678	official interpreting provisions of the Florida Building Code
679	may be initiated by any substantially affected person, including
680	an owner or builder subject to a decision of a local building
681	official, or an association of owners or builders with members
682	who are subject to a decision of a local building official. In
683	order to initiate review, the substantially affected person must
684	file a petition with the commission. The commission shall adopt
685	a form for the petition, which shall be published on the
686	Building Code Information System. The form shall, at a minimum,
687	require the following:
688	a. The name and address of the county or municipality in
689	which provisions of the Florida Building Code are being
690	interpreted.
691	b. The name and address of the local building official who
692	has made the interpretation being appealed.
693	c. The name, address, and telephone number of the
694	petitioner; the name, address, and telephone number of the
695	petitioner's representative, if any; and an explanation of how
696	the petitioner's substantial interests are being affected by the
697	local interpretation of the Florida Building Code.
698	d. A statement of the provisions of the Florida Building
699	Code that are being interpreted by the local building official.
700	e. A statement of the interpretation given to provisions
701	of the Florida Building Code by the local building official and
702	the manner in which the interpretation was rendered.
703	f. A statement of the interpretation that the petitioner
704	contends should be given to the provisions of the Florida
705	Building Code and a statement supporting the petitioner's
706	interpretation.
707	g. Space for the local building official to respond in
708	writing. The space shall, at a minimum, require the local
709	building official to respond by providing a statement admitting
710	or denying the statements contained in the petition and a
711	statement of the interpretation of the provisions of the Florida
712	Building Code which the local jurisdiction or the local building
713	official contends is correct, including the basis for the
714	interpretation.
715	3. The petitioner shall submit the petition to the local
716	building official, who shall place the date of receipt on the
717	petition. The local building official shall respond to the
718	petition in accordance with the form and shall return the
719	petition along with his or her response to the petitioner within
720	5 days after receipt, exclusive of Saturdays, Sundays, and legal
721	holidays. The petitioner may file the petition with the
722	commission at any time after the local building official
723	provides a response. If no response is provided by the local
724	building official, the petitioner may file the petition with the
725	commission 10 days after submission of the petition to the local
726	building official and shall note that the local building
727	official did not respond.
728	4. Upon receipt of a petition that meets the requirements
729	of subparagraph 2., the commission shall immediately provide
730	copies of the petition to a panel, and the commission shall
731	publish the petition, including any response submitted by the
732	local building official, on the Building Code Information System
733	in a manner that allows interested persons to address the issues
734	by posting comments.
735	5. The panel shall conduct proceedings as necessary to
736	resolve the issues, shall give due regard to the petitions and
737	the response and to comments posed on the Building Code
738	Information System, and shall issue an interpretation regarding
739	the provisions of the Florida Building Code within 21 days after
740	the filing of the petition. The panel shall render a
741	determination based upon the Florida Building Code or, if the
742	code is ambiguous, the intent of the code. The panel's
743	interpretation shall be provided to the commission, which shall
744	publish the interpretation on the Building Code Information
745	System and in the Florida Administrative Weekly. The
746	interpretation shall be considered an interpretation entered by
747	the commission, and shall be binding upon the parties and upon
748	all jurisdictions subject to the Florida Building Code, unless
749	it is superseded by a declaratory statement issued by the
750	commission or by a final order entered after an appeal
751	proceeding conducted in accordance with subparagraph 7.
752	6. It is the intent of the Legislature that review
753	proceedings be completed within 21 days after the date that a
754	petition seeking review is filed with the commission, and the
755	time periods set forth in this paragraph may be waived only upon
756	consent of all parties.
757	7. Any substantially affected person may appeal an
758	interpretation rendered by a hearing officer panel by filing a
759	petition with the commission. Such appeals shall be initiated in
760	accordance with chapter 120 and the uniform rules of procedure
761	and must be filed within 30 days after publication of the
762	interpretation on the Building Code Information System or in the
763	Florida Administrative Weekly. Hearings shall be conducted
764	pursuant to chapter 120 and the uniform rules of procedure.
765	Decisions of the commission are subject to judicial review
766	pursuant to s. 120.68. The final order of the commission is
767	binding upon the parties and upon all jurisdictions subject to
768	the Florida Building Code.
769	8. The burden of proof in any proceeding initiated in
770	accordance with subparagraph 7. shall be on the party who
771	initiated the appeal.
772	9. In any review proceeding initiated in accordance with
773	this paragraph, including any proceeding initiated in accordance
774	with subparagraph 7., the fact that an owner or builder has
775	proceeded with construction shall not be grounds for determining
776	the issues to be moot if the issue is one that is likely to
777	arise in the future.
778	(d) Local decisions declaring structures to be unsafe and
779	subject to repair or demolition are not subject to review under
780	this subsection and may not be appealed to the commission if the
781	local governing body finds that there is an immediate danger to
782	the health and safety of the public.
783	(e) Upon written application by any substantially affected
784	person, the commission shall issue a declaratory statement
785	pursuant to s. 120.565 relating to an agency's interpretation
786	and enforcement of the specific provisions of the Florida
787	Building Code which the agency is authorized to enforce. This
788	subsection does not provide any powers, other than advisory
789	powers, to the commission with respect to any decision of the
790	State Fire Marshal made pursuant to chapter 633.
791	(f) The commission may designate a commission member with
792	demonstrated expertise in interpreting building plans to attend
793	each meeting of the advisory council created in s. 553.512. The
794	commission member may vary from meeting to meeting, shall serve
795	on the council in a nonvoting capacity, and shall receive per
796	diem and travel expenses as provided in s. 553.74(3).
797	(g) The commission shall by rule establish an informal
798	process of rendering nonbinding interpretations of the Florida
799	Building Code. The commission is specifically authorized to
800	refer interpretive issues to organizations that represent those
801	engaged in the construction industry. The commission shall
802	immediately implement the process prior to the completion of
803	formal rulemaking. It is the intent of the Legislature that the
804	commission create a process to refer questions to a small,
805	rotating group of individuals licensed under part XII of chapter
806	468, to which a party may pose questions regarding the
807	interpretation of code provisions. It is the intent of the
808	Legislature that the process provide for the expeditious
809	resolution of the issues presented and publication of the
810	resulting interpretation on the Building Code Information
811	System. Such interpretations shall be advisory only and
812	nonbinding on the parties and the commission.
813	Section 6. Subsection (14) of section 553.79, Florida
814	Statutes, is amended to read:
815	553.79 Permits; applications; issuance; inspections.--
816	(14) Certifications by contractors authorized under the
817	provisions of s. 489.115(4)(b) shall be considered equivalent to
818	sealed plans and specifications by a person licensed under
819	chapter 471 or chapter 481 by local enforcement agencies for
820	plans review for permitting purposes relating to compliance with
821	the wind resistance provisions of the code or alternate
822	methodologies approved by the commission for one and two family
823	dwellings. Local enforcement agencies may rely upon such
824	certification by contractors that the plans and specifications
825	submitted conform to the requirements of the code for wind
826	resistance. Upon good cause shown, local government code
827	enforcement agencies may accept or reject plans sealed by
828	persons licensed under chapter 471, chapter 481, or chapter 489.
829	A truss placement plan shall not be required to be signed and
830	sealed by an engineer or architect unless prepared by an
831	engineer or architect or specifically required by the Florida
832	Building Code.
833	Section 7. Subsections (2), (4), (6), and (11), paragraphs
834	(b) and (c) of subsection (12), and subsections (14), (15), and
835	(19) of section 553.791, Florida Statutes, are amended to read:
836	553.791 Alternative plans review and inspection.--
837	(2) Notwithstanding any other provision of law or local
838	government ordinance or local policy, the fee owner of a
839	building, or the fee owner's contractor upon written
840	authorization from the fee owner, may elect touse a private
841	provider to provide building code inspection services with
842	regard to such building and may make payment directly to the
843	private provider for the provision of such services. All such
844	services shall be the subject of a written contract between the
845	private provider, or the private provider's firm, and the fee
846	owner. The fee owner may elect to use a private provider to
847	provide either plans review or required building inspections.
848	The local building official, in his or her discretion and
849	pursuant to duly adopted policies of the local enforcement
850	agency, may require the fee owner who desires to use a private
851	provider to use the private provider to provide both plans
852	review and required building inspection services.
853	(4) A fee owner or the fee owner’s contractorusing a
854	private provider to provide building code inspection services
855	shall notify the local building official at the time of permit
856	application or no less than 1 week prior to a private provider
857	providing building code inspection serviceson a form to be
858	adopted by the commission. This notice shall include the
859	following information:
860	(a) The services to be performed by the private provider.
861	(b) The name, firm, address, telephone number, and
862	facsimile number of each private provider who is performing or
863	will perform such services, his or her professional license or
864	certification number, qualification statements or resumes, and,
865	if required by the local building official, a certificate of
866	insurance demonstrating that professional liability insurance
867	coverage is in place for the private provider's firm, the
868	private provider, and any duly authorized representative in the
869	amounts required by this section.
870	(c) An acknowledgment from the fee owner in substantially
871	the following form:
872
873	I have elected to use one or more private providers to provide
874	building code plans review and/or inspection services on the
875	building that is the subject of the enclosed permit application,
876	as authorized by s. 553.791, Florida Statutes. I understand that
877	the local building official may not review the plans submitted
878	or perform the required building inspections to determine
879	compliance with the applicable codes, except to the extent
880	specified in said law. Instead, plans review and/or required
881	building inspections will be performed by licensed or certified
882	personnel identified in the application. The law requires
883	minimum insurance requirements for such personnel, but I
884	understand that I may require more insurance to protect my
885	interests. By executing this form, I acknowledge that I have
886	made inquiry regarding the competence of the licensed or
887	certified personnel and the level of their insurance and am
888	satisfied that my interests are adequately protected. I agree to
889	indemnify, defend, and hold harmless the local government, the
890	local building official, and their building code enforcement
891	personnel from any and all claims arising from my use of these
892	licensed or certified personnel to perform building code
893	inspection services with respect to the building that is the
894	subject of the enclosed permit application.
895
896	If the fee owner or a fee owner’s contractormakes any changes
897	to the listed private providers or the services to be provided
898	by those private providers, the fee owner or fee owner’s
899	contractorshall, within 1 business day after any change, update
900	the notice to reflect such changes.
901	(6)(a) No more thanWithin30 business days after receipt
902	of a permit application and affidavit from the private provider
903	required pursuant to subsection (5), the local building official
904	shall issue the requested permit or provide a written notice to
905	the permit applicant identifying the specific plan features that
906	do not comply with the applicable codes, as well as the specific
907	code chapters and sections. If the local building official does
908	not provide a written notice of the plan deficiencies within the
909	prescribed 30-day period, the permit application shall be deemed
910	approved as a matter of law, and the permit shall be issued by
911	the local building official on the next business day.
912	(b) If the local building official provides a written
913	notice of plan deficiencies to the permit applicant within the
914	prescribed 30-day period, the 30-day period shall be tolled
915	pending resolution of the matter. To resolve the plan
916	deficiencies, the permit applicant may elect to dispute the
917	deficiencies pursuant to subsection (12) or to submit revisions
918	to correct the deficiencies.
919	(c) If the permit applicant submits revisions, the local
920	building official has the remainder of the tolled 30-day period
921	plus 5 business days to issue the requested permit or to provide
922	a second written notice to the permit applicant stating which of
923	the previously identified plan features remain in noncompliance
924	with the applicable codes, with specific reference to the
925	relevant code chapters and sections. If the local building
926	official does not provide the second written notice within the
927	prescribed time period, the permit shall be issued by the local
928	building official on the next business day.
929	(d) If the local building official provides a second
930	written notice of plan deficiencies to the permit applicant
931	within the prescribed time period, the permit applicant may
932	elect to dispute the deficiencies pursuant to subsection (12) or
933	to submit additional revisions to correct the deficiencies. For
934	all revisions submitted after the first revision, the local
935	building official has an additional 5 business days to issue the
936	requested permit or to provide a written notice to the permit
937	applicant stating which of the previously identified plan
938	features remain in noncompliance with the applicable codes, with
939	specific reference to the relevant code chapters and sections.
940	(11) No more thanWithin2 business days after receipt of
941	a request for a certificate of occupancy or certificate of
942	completion and the applicant's presentation of a certificate of
943	compliance and approval of all other government approvals
944	required by law, the local building official shall issue the
945	certificate of occupancy or certificate of completion or provide
946	a notice to the applicant identifying the specific deficiencies,
947	as well as the specific code chapters and sections. If the local
948	building official does not provide notice of the deficiencies
949	within the prescribed 2-day period, the request for a
950	certificate of occupancy or certificate of completion shall be
951	deemed granted and the certificate of occupancy or certificate
952	of completion shall be issued by the local building official on
953	the next business day. To resolve any identified deficiencies,
954	the applicant may elect to dispute the deficiencies pursuant to
955	subsection (12) or to submit a corrected request for a
956	certificate of occupancy or certificate of completion.
957	(12) If the local building official determines that the
958	building construction or plans do not comply with the applicable
959	codes, the official may deny the permit or request for a
960	certificate of occupancy or certificate of completion, as
961	appropriate, or may issue a stop-work order for the project or
962	any portion thereof, if the official determines that such
963	noncompliance poses a threat to public safety and welfare,
964	subject to the following:
965	(b) If the local building official and private provider
966	are unable to resolve the dispute, the matter shall be referred
967	to the local enforcement agency's board of appeals, if one
968	exists, which shall consider the matter at its next scheduled
969	meeting or sooner. Any decisions by the local enforcement
970	agency's board of appeals, or local building official if there
971	is no board of appeals, may be appealed to the commission
972	pursuant to s. 553.775553.77(1)(h).
973	(c) Notwithstanding any provision of this section, any
974	decisions regarding the issuance of a building permit,
975	certificate of occupancy, or certificate of completion may be
976	reviewed by the local enforcement agency's board of appeals, if
977	one exists. Any decision by the local enforcement agency's board
978	of appeals, or local building official if there is no board of
979	appeals, may be appealed to the commission pursuant to s.
980	553.775553.77(1)(h), which shall consider the matter at the
981	commission's next scheduled meeting.
982	(14) No local enforcement agency, local building official,
983	or local government may adopt or enforce any laws, rules,
984	procedures, policies,or standards more stringent than those
985	prescribed by this section.
986	(15) A private provider may perform building code
987	inspection services under this section only if the private
988	provider maintains insurance for professional and comprehensive
989	generalliability with minimum policy limits of $1 million per
990	occurrence coveringrelating toall services performed as a
991	private provider. If the private provider chooses to secure
992	claims-made coverage to fulfill this requirement, the private
993	provider must also maintain, includingtail coverage for a
994	minimum of 5 years subsequent to the performance of building
995	code inspection services. Occurence-based coverage shall not be
996	subject to any tail coverage requirement.
997	(19) The Florida Building Commission shall report on the
998	implementation of this section to the Legislature on or before
999	January 1, 20052004, as part of the report required by s.
1000	553.77(1)(b).
1001	Section 8. Paragraph (d) of subsection (1) of section
1002	553.80, Florida Statutes, is amended, and subsection (7) is
1003	added to said section, to read:
1004	553.80 Enforcement.--
1005	(1) Except as provided in paragraphs (a)-(f), each local
1006	government and each legally constituted enforcement district
1007	with statutory authority shall regulate building construction
1008	and, where authorized in the state agency's enabling
1009	legislation, each state agency shall enforce the Florida
1010	Building Code required by this part on all public or private
1011	buildings, structures, and facilities, unless such
1012	responsibility has been delegated to another unit of government
1013	pursuant to s. 553.79(9).
1014	(d) Building plans approved pursuant to s. 553.77(3)(5)
1015	and state-approved manufactured buildings, including buildings
1016	manufactured and assembled offsite and not intended for
1017	habitation, such as lawn storage buildings and storage sheds,
1018	are exempt from local code enforcing agency plan reviews except
1019	for provisions of the code relating to erection, assembly, or
1020	construction at the site. Erection, assembly, and construction
1021	at the site are subject to local permitting and inspections.
1022
1023	The governing bodies of local governments may provide a schedule
1024	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1025	section, for the enforcement of the provisions of this part.
1026	Such fees shall be used solely for carrying out the local
1027	government's responsibilities in enforcing the Florida Building
1028	Code. The authority of state enforcing agencies to set fees for
1029	enforcement shall be derived from authority existing on July 1,
1030	1998. However, nothing contained in this subsection shall
1031	operate to limit such agencies from adjusting their fee schedule
1032	in conformance with existing authority.
1033	(7) The governing bodies of local governments may provide
1034	a schedule of reasonable fees, as authorized by s. 125.56(2) or
1035	s. 166.222 and this section, for the enforcement of provisions
1036	of this part. Such fees, and any fines or investment earnings
1037	related to such fees, shall be used solely for carrying out the
1038	local government’s responsibilities in enforcing the Florida
1039	Building Code. When providing a schedule of reasonable fees,
1040	total estimated annual revenue derived from fees, and fines and
1041	investment earnings related to such fees, shall not exceed the
1042	total estimated annual costs of allowable activities. Any
1043	unexpended balances shall be carried forward to future years for
1044	allowable activities or shall be refunded at the discretion of
1045	the local government. The basis for a fee structure for
1046	allowable activities shall relate to the level of service
1047	provided by the local government. Fees charged shall be
1048	consistently applied.
1049	(a) For purposes of this subsection, the term "enforcing
1050	the Florida Building Code” includes the direct costs and
1051	reasonable indirect costs associated with review of building
1052	plans, building inspections, reinspections, building permit
1053	processing, and building code enforcement. The term may also
1054	include enforcement against unlicensed contractor activity to
1055	the extent not funded with other user fees. Costs of inspections
1056	of public buildings for a reduced fee or no fee, and costs
1057	incurred in connection with public information requests,
1058	community functions, boards, and programs that are not directly
1059	related to enforcement of the Florida Building Code, shall not
1060	be financed with fees adopted under this subsection.
1061	(b) A local government shall use recognized management,
1062	accounting, and oversight practices to ensure that fees, fines,
1063	and investment earnings generated under this subsection are
1064	maintained and used solely for the purposes described in
1065	paragraph (a).
1066	Section 9. The Florida Building Commission may expedite
1067	the adoption and implementation of the Florida Existing
1068	Buildings Code as part of the Florida Building Code pursuant
1069	only to the provisions of chapter 120, Florida Statutes. The
1070	special update and amendment requirements of s. 553.73, Florida
1071	Statutes, and the administrative rule requiring additional delay
1072	time between adoption and implementation of such code are
1073	waived.
1074	Section 10. Paragraph (a) of subsection (9) of section
1075	553.842, Florida Statutes, is amended to read:
1076	553.842 Product evaluation and approval.--
1077	(9) The commission may adopt rules to approve the
1078	following types of entities that produce information on which
1079	product approvals are based. All of the following entities,
1080	including engineers and architects, must comply with a
1081	nationally recognized standard demonstrating independence or no
1082	conflict of interest:
1083	(a) Evaluation entities that meet the criteria for
1084	approval adopted by the commission by rule. The commission shall
1085	specifically approve the National Evaluation Service, the
1086	International Conference of Building Officials Evaluation
1087	Services, the Building Officials and Code Administrators
1088	International Evaluation Services, the International Code
1089	Council Evaluation Services,the Southern Building Code Congress
1090	International Evaluation Services, and the Miami-Dade County
1091	Building Code Compliance Office Product Control. Architects and
1092	engineers licensed in this state are also approved to conduct
1093	product evaluations as provided in subsection (6).
1094	Section 11. Paragraph (c) is added to subsection (17) of
1095	section 120.80, Florida Statutes, to read:
1096	120.80 Exceptions and special requirements; agencies.--
1097	(17) FLORIDA BUILDING COMMISSION.--
1098	(c) Notwithstanding the provisions of ss. 120.565,
1099	120.569, and 120.57, the Florida Building Commission and hearing
1100	officer panels appointed by the commission in accordance with s.
1101	553.775(3)(c)1. may conduct proceedings to review decisions of
1102	local building code officials in accordance with s.
1103	553.775(3)(c).
1104	Section 12. Florida Construction Council.--
1105	(1) This section may be known by the popular name the
1106	"Florida Construction Council Act."
1107	(2) The purpose of this section is to create a public-
1108	private partnership by providing that a single nonprofit
1109	corporation be established to provide administrative, technical,
1110	interpretive, and code development services to the Florida
1111	Building Commission and that no additional nonprofit corporation
1112	be created for these purposes.
1113	(3) The Florida Construction Council is created to provide
1114	administrative, technical, and code development services to the
1115	Florida Building Commission in accordance with the provisions of
1116	chapter 553, Florida Statutes. The council may hire staff
1117	members as necessary to carry out its functions. Such staff
1118	members are not public employees for the purposes of chapter 110
1119	or chapter 112, Florida Statutes, except that the board of
1120	directors and the staff are subject to the provisions of s.
1121	112.061, Florida Statutes. However, the council may also use
1122	staff members provided by Florida State University who may be
1123	public employees for the purposes of chapter 110 or chapter 112,
1124	Florida Statutes. The provisions of s. 768.28, Florida Statutes,
1125	apply to the Florida Construction Council, which is deemed to be
1126	a corporation primarily acting as an instrumentality of the
1127	state but which is not an agency within the meaning of s.
1128	20.03(11), Florida Statutes. The council shall:
1129	(a) Be a Florida corporation not for profit, incorporated
1130	under the provisions of chapter 617, Florida Statutes.
1131	(b) Provide administrative, technical, and code
1132	development services to the Florida Building Commission in
1133	accordance with the provisions of chapter 553, Florida Statutes,
1134	and the contract required by this section. For the
1135	administrative purposes of this act, the Florida Construction
1136	Council shall be administratively attached to Florida State
1137	University and shall be provided the administrative services
1138	that the council and Florida State University find necessary.
1139	(c) Receive, hold, and administer property and make only
1140	prudent expenditures directly related to the responsibilities of
1141	the Florida Building Commission and in accordance with the
1142	contract required by this section.
1143	(d) Operate under a fiscal year that begins on July 1 of
1144	each year and ends on June 30 of the following year.
1145	(e) Have a five-member board of directors, which shall
1146	consist of the Secretary of Community Affairs or his or her
1147	designee, two members appointed by the Florida Building
1148	Commission, one member appointed by the Department of Community
1149	Affairs who is a layperson not performing work within the
1150	construction industry, and one member appointed by Florida State
1151	University. Members shall be appointed to terms of 4 years each.
1152	All initial appointments shall expire on October 31, 2007. A
1153	member may not serve more than two consecutive terms. Failure to
1154	attend three consecutive meetings shall be deemed a resignation
1155	from the council, and the vacancy shall be filled by a new
1156	appointment.
1157	(f) Select its officers in accordance with its bylaws.
1158	(g) Operate under an annual written contract with the
1159	Department of Community Affairs or the responsible budgeting
1160	entity. The contract must provide for, but need not be limited
1161	to:
1162	1. Approval of the articles of incorporation and bylaws of
1163	the council by the Florida Building Commission.
1164	2. Submission by the council of an annual budget.
1165	3. Annual certification by the Department of Community
1166	Affairs or the responsible budgeting entity that the council is
1167	complying with the terms of the contract in a manner consistent
1168	with the goals and purposes of the Florida Building Commission
1169	and in the best interest of the state. The contract must also
1170	provide for methods and mechanisms to resolve any situation in
1171	which the certification process determines noncompliance.
1172	4. Employment by the Florida Building Commission of an
1173	administrator to actively supervise the administrative,
1174	technical, and code development services of the council to
1175	ensure compliance with the contract and the provisions of
1176	chapter 553, Florida Statutes, and to act as a liaison for the
1177	Florida Building Commission and the council to ensure the
1178	effective operation of the council.
1179	5. Funding of the council through appropriations and
1180	private sources.
1181	6. The reversion to the state of moneys, records, data,
1182	and property held in trust by the council for the benefit of the
1183	commission if the council ceases to exist or if the council is
1184	no longer approved to operate for the commission. All records
1185	and data in a computerized database shall be returned to the
1186	state in a form that is compatible with the computerized
1187	database of the commission.
1188	7. The securing and maintaining by the council, during the
1189	term of the contract and for all acts performed during the term
1190	of the contract, of all liability insurance coverage in an
1191	amount to be approved by the Florida Construction Council to
1192	defend, indemnify, and hold harmless the council and its
1193	officers and employees, the Florida Building Commission and its
1194	commissioners and employees, and the state against all claims
1195	arising from state and federal laws. Such insurance coverage
1196	must be with insurers qualified and doing business in the state.
1197	8. Payment by the council, out of its allocated budget, to
1198	the Florida Building Commission of all costs of representation
1199	by the commission counsel, including salary and benefits,
1200	travel, and any other compensation traditionally paid by the
1201	commission to other commission counsels.
1202	9. Payment by the council, out of its allocated budget, of
1203	all costs incurred by the council or the commission for the
1204	Division of Administrative Hearings of the Department of
1205	Management Services and any other costs for use of these state
1206	services.
1207	10. Payment by the council, out of its allocated budget,
1208	of all costs associated with the contract administrator of the
1209	commission, including salary and benefits, travel, and other
1210	related costs traditionally paid to state employees.
1211	11. An annual financial audit of the council’s financial
1212	accounts and records by an independent certified public
1213	accountant. The annual audit report must include a management
1214	letter in accordance with s. 11.45, Florida Statutes, and a
1215	detailed supplemental schedule of expenditures for each
1216	expenditure category. The annual audit report must be submitted
1217	to the Auditor General for review.
1218	12. Persons charged with the responsibility of receiving
1219	and depositing fee and fine revenues to have a faithful
1220	performance bond in an amount and according to the terms
1221	specified in the contract.
1222	13. Submittal to the Legislature, on or before January 1
1223	of each year, of a report on the status of the council that
1224	includes, but is not limited to, information concerning the
1225	programs and funds that have been transferred to the council.
1226	The report must include the number of inquiries received, the
1227	number of technical issues or questions addressed, the number of
1228	code or other interpretations provided, and the number of
1229	instances of code development undertaken by the council.
1230	14. Development, with the Florida Building Commission, of
1231	performance standards and measurable outcomes for the commission
1232	to adopt by rule in order to facilitate efficient and cost-
1233	effective services and regulation.
1234	(4) The Florida Construction Council shall provide by rule
1235	the procedures the council must follow to ensure that all
1236	product and proprietary information is secure while under the
1237	responsibility of the council and that there is an appropriate
1238	level of protection and monitoring during any review or code
1239	development activities.
1240	(5) The Florida Building Commission shall review this
1241	section and make recommendations to the Legislature regarding
1242	the implementation thereof as part of its report submitted to
1243	the Legislature pursuant to s. 553.77(1)(b), Florida Statutes,
1244	on or before January 1, 2004.
1245	(6) This section shall take effect July 1, 2004.
1246	Section 13. Section 399.106, Florida Statutes, is amended
1247	to read:
1248	399.106 Elevator Safety Technical Advisory Committee.--
1249	(1) The Elevator Safety Technical Advisory Committee is
1250	created within the Department of Business and Professional
1251	Regulation, Division of Hotels and Restaurants, consisting of
1252	eightsevenmembers to be appointed by the secretary of the
1253	Department of Business and Professional Regulation as follows:
1254	one representative from a major elevator manufacturing company
1255	or its authorized representative; one representative from an
1256	elevator servicing company; one representative from a building
1257	design profession; one representative of the general public; one
1258	representative of a local government in this state; one
1259	representative of a building owner or manager; one
1260	representative of labor involved in the installation,
1261	maintenance, and repair of elevators; and one representative who
1262	is a certified elevator inspector from a private inspection
1263	service. The purpose of the committee is to provide technical
1264	assistance to the division in support of protecting the health,
1265	safety, and welfare of the public; to give the division the
1266	benefit of the committee members' knowledge and experience
1267	concerning the industries and individual businesses affected by
1268	the laws and rules administered by the division.
1269	(2) The committee members shall serve staggered terms of 4
1270	years to be set by rule without salary, but may receive from the
1271	state expenses for per diem and travel. The committee shall
1272	appoint one of the members to serve as chair.
1273	(3) The committee shall meet and organize not later than
1274	45 days prior to the convening of the 2002 Legislature. This
1275	committee terminates December 31, 2003.
1276	(3)(4)The committee may consult with engineering
1277	authorities and organizations concerned with standard safety
1278	codes for recommendations to the department regarding rules and
1279	regulations governing the operation, maintenance, servicing,
1280	construction, alteration, installation, or inspection of
1281	vertical conveyances subject to this chapter.
1282	Section 14. Section 553.841, Florida Statutes, is amended
1283	to read:
1284	553.841 Building code training program; participant
1285	competency requirements.--
1286	(1) The Legislature finds that the effectiveness of the
1287	building codes of this state depends on the performance of all
1288	participants, as demonstrated through knowledge of the codes and
1289	commitment to compliance with code directives and that to
1290	strengthen compliance by industry and enforcement by government,
1291	a Building Code Training Program is needed.
1292	(1)(2)The commission shall establish by rule the Building
1293	Code Training Program to develop and provide a core curriculum
1294	and offer voluntary accreditation ofadvance module courses
1295	relating to the Florida Building Code and its enforcementa
1296	system of administering and enforcing the Florida Building Code.
1297	(3) The program shall be developed, implemented, and
1298	administered by the commission in consultation with the
1299	Department of Education, the Department of Community Affairs,
1300	the Department of Business and Professional Regulation, the
1301	State Fire Marshal, the State University System, and the
1302	Division of Community Colleges.
1303	(4) The commission may enter into contracts with the
1304	Department of Education, the State University System, the
1305	Division of Community Colleges, model code organizations,
1306	professional organizations, vocational-technical schools, trade
1307	organizations, and private industry to administer the program.
1308	(2)(5)The program shall be affordable, accessible,
1309	meaningful, financially self-sufficient and shall make maximum
1310	use of existing sources, systems, institutions, and programs
1311	available through private sources.
1312	(3)(6)The commission, in coordination with the Department
1313	of Community Affairs, the Department of Business and
1314	Professional Regulation, the respective licensing boards, and
1315	the State Fire Marshal shall develop or cause to be developed:
1316	(a) a core curriculum thatwhich is prerequisite to
1317	initial licensure for those licensees not subject to testing on
1318	the Florida Building Code as a condition of licensure. These
1319	entities shall also identify subject areas that are inadequately
1320	addressed by specialized and advanced coursesall specialized
1321	and advanced module coursework.
1322	(b) A set of specialized and advanced modules specifically
1323	designed for use by each profession.
1324	(4)(7)The core curriculum shall cover the information
1325	required to have all categories of participants appropriately
1326	informed as to their technical and administrative
1327	responsibilities in the effective execution of the code process
1328	by all individuals currently licensed under part XII of chapter
1329	468, chapter 471, chapter 481, or chapter 489, except as
1330	otherwise provided in s. 471.017. The core curriculum shall be
1331	prerequisite to the advanced module coursework for all licensees
1332	and shall becompleted by individuals licensed in all categories
1333	under part XII of chapter 468, chapter 471, chapter 481, or
1334	chapter 489 by the date of licensure in 2003within the first 2-
1335	year period after establishment of the program. All approved
1336	coursesCore course hours taken by licensees pursuant to
1337	complete this sectionrequirementshall count toward fulfillment
1338	of required continuing education units under part XII of chapter
1339	468, chapter 471, chapter 481, or chapter 489.
1340	(8) The commission, in consultation with the Department of
1341	Business and Professional Regulation and the respective
1342	licensing boards, shall develop or cause to be developed an
1343	equivalency test for each category of licensee. Such test may be
1344	taken in lieu of the core curriculum. A passing score on the
1345	test shall be equivalent to completion of the core curriculum
1346	and shall be credited toward the required number of hours of
1347	continuing education.
1348	(5)(9)The commission, in consultation with the Department
1349	of Business and Professional Regulation, shall develop or cause
1350	to be developed, or approve as a part of the program,
1351	appropriate coursesa core curriculum and specialized or
1352	advanced module courseworkfor the construction workforce,
1353	including, but not limited to, superintendents and journeymen.
1354	(6)(10)The respective state boards under part XII of
1355	chapter 468, chapters 471, 481, and 489, and the State Fire
1356	Marshal under chapter 633, shall require specialized or advanced
1357	course modules as part of their regular continuing education
1358	requirements.
1359	(7)(11)The Legislature hereby establishes the Office of
1360	Building Code Training Program Administration within the
1361	Institute of Applied Technology in Construction Excellence at
1362	the Florida Community College at Jacksonville. The office is
1363	charged with the following responsibilities as recommended by
1364	the Florida Building Commission and as resources are provided by
1365	the Legislature:
1366	(a) Provide research-to-practice capability for entry-
1367	level construction training development, delivery and quality
1368	assurance, as well as training and competency registry systems
1369	and recruitment initiatives.
1370	(b) Coordinate with the Department of Community Affairs
1371	and the Florida Building Commission to serve as school liaison
1372	to disseminate construction awareness and promotion programs and
1373	materials to schools.
1374	(c) Develop model programs and approaches to construction
1375	career exploration to promote construction careers.
1376	Section 15. Subsection (3) of section 553.8412, Florida
1377	Statutes, is amended to read:
1378	553.8412 Legislative intent; delivery of training;
1379	outsourcing.--
1380	(3) To the extent available, funding for outreach,
1381	coordination of training, or training may come from existing
1382	resources. If necessary, the Florida Building Commission or the
1383	department may seek additional or supplemental funds pursuant to
1384	s. 215.559(5). This section does not preclude the Florida
1385	Building Commission from charging fees to fund the building code
1386	training program in a self-sufficient manner as provided in s.
1387	553.841(2)(5).
1388	Section 16. Subsection (3) is added to section 633.171,
1389	Florida Statutes, to read:
1390	633.171 Penalty for violation of law, rule, or order to
1391	cease and desist or for failure to comply with corrective
1392	order.--
1393	(3)(a) An owner or operator of an indoor facility may not
1394	knowingly allow the installation of fireworks or a pyrotechnic
1395	device inside his or her facility without a fire suppression
1396	system or without a copy of a local fire marshal's permit
1397	furnished to the owner or operator by a vendor or licensee who
1398	wishes to install fireworks or a pyrotechnic device inside the
1399	indoor facility.
1400	(b) A vendor or licensee may not install fireworks or a
1401	pyrotechnic device in an indoor facility without a fire
1402	suppression system unless he or she first obtains a local fire
1403	marshal's permit, furnishes a copy of that permit to the owner
1404	or operator of the indoor facility, and obtains prior written
1405	consent of the owner or operator to install the fireworks or a
1406	pyrotechnic device inside his or her indoor facility.
1407	(c) A person who violates this subsection commits a felony
1408	of the third degree, punishable as provided in s. 775.082, s.
1409	775.083, or s. 775.084.
1410	Section 17. The administrative rule of the Florida
1411	Building Commission for the type of products approved for local
1412	or statewide use, as authorized by s. 553.842, Florida Statutes,
1413	shall take effect no earlier than January 1, 2004. The
1414	commission shall conduct a review of the costs of operation of
1415	this rule and determine the benefits of such state approvals to
1416	the public health, safety, and welfare. The commission shall
1417	report the results of its cost and benefit analysis together
1418	with any recommendations to the 2004 Legislature. Funds may not
1419	be expended for optional state approval without determination of
1420	a positive cost and benefit of such regulation to the public.
1421	Section 18. This act shall take effect upon becoming a
1422	law.