HOUSE AMENDMENT Bill No. HB 397 CS
1	CHAMBER ACTION
2	Senate House
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12	Representative Kallinger offered the following:
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14	Amendment to Amendment (114675) (with directory and title
15	amendments)
16	Between lines 15 and 16, insert:
17	Section 1. Subsections (2), (4), and (6) and paragraphs
18	(a) and (c) of subsection (7) of section 553.73, Florida
19	Statutes, are amended to read:
20	553.73 Florida Building Code.--
21	(2) The Florida Building Code shall contain provisions or
22	requirements for public and private buildings, structures, and
23	facilities relative to structural, mechanical, electrical,
24	plumbing, energy, and gas systems, existing buildings,
25	historical buildings, manufactured buildings, elevators, coastal
26	construction, lodging facilities, food sales and food service
27	facilities, health care facilities, including assisted living
28	facilities, adult day care facilities, hospice residential
29	facilities, inpatient facilities,and facilities for the control
30	of radiation hazards, public or private educational facilities,
31	swimming pools, and correctional facilities and enforcement of
32	and compliance with such provisions or requirements. Further,
33	the Florida Building Code must provide for uniform
34	implementation of ss. 515.25, 515.27, and 515.29 by including
35	standards and criteria for residential swimming pool barriers,
36	pool covers, latching devices, door and window exit alarms, and
37	other equipment required therein, which are consistent with the
38	intent of s. 515.23. Technical provisions to be contained within
39	the Florida Building Code are restricted to requirements related
40	to the types of materials used and construction methods and
41	standards employed in order to meet criteria specified in the
42	Florida Building Code. Provisions relating to the personnel,
43	supervision or training of personnel, or any other professional
44	qualification requirements relating to contractors or their
45	workforce may not be included within the Florida Building Code,
46	and subsections (4), (5), (6), and (7) are not to be construed
47	to allow the inclusion of such provisions within the Florida
48	Building Code by amendment. This restriction applies to both
49	initial development and amendment of the Florida Building Code.
50	(4)(a) All entities authorized to enforce the Florida
51	Building Code pursuant to s. 553.80 shall comply with applicable
52	standards for issuance of mandatory certificates of occupancy,
53	minimum types of inspections, and procedures for plans review
54	and inspections as established by the commission by rule. Local
55	governments may adopt amendments to the administrative
56	provisions of the Florida Building Code, subject to the
57	limitations of this paragraph. Local amendments shall be more
58	stringent than the minimum standards described herein and shall
59	be transmitted to the commission within 30 days after enactment.
60	The local government shall make such amendments available to the
61	general public in a usable format. The State Fire Marshal is
62	responsible for establishing the standards and procedures
63	required in this paragraph for governmental entities with
64	respect to applying the Florida Fire Prevention Code and the
65	Life Safety Code.
66	(b) Local governments may, subject to the limitations of
67	this section, adopt amendments to the technical provisions of
68	the Florida Building Code which apply solely within the
69	jurisdiction of such government and which provide for more
70	stringent requirements than those specified in the Florida
71	Building Code, not more than once every 6 months. A local
72	government may adopt technical amendments that address local
73	needs if:
74	1. The local governing body determines, following a public
75	hearing which has been advertised in a newspaper of general
76	circulation at least 10 days before the hearing, that there is a
77	need to strengthen the requirements of the Florida Building
78	Code. The determination must be based upon a review of local
79	conditions by the local governing body, which review
80	demonstrates by evidence or data that the geographical
81	jurisdiction governed by the local governing body exhibits a
82	local need to strengthen the Florida Building Code beyond the
83	needs or regional variation addressed by the Florida Building
84	Code, that the local need is addressed by the proposed local
85	amendment, and that the amendment is no more stringent than
86	necessary to address the local need.
87	2. Such additional requirements are not discriminatory
88	against materials, products, or construction techniques of
89	demonstrated capabilities.
90	3. Such additional requirements may not introduce a new
91	subject not addressed in the Florida Building Code.
92	4. The enforcing agency shall make readily available, in a
93	usable format, all amendments adopted pursuant to this section.
94	5. Any amendment to the Florida Building Code shall be
95	transmitted within 30 days by the adopting local government to
96	the commission. The commission shall maintain copies of all
97	such amendments in a format that is usable and obtainable by the
98	public. Local technical amendments shall not become effective
99	until 30 days after the amendment has been received and
100	published by the commission.
101	6. Any amendment to the Florida Building Code adopted by a
102	local government pursuant to this paragraph shall be effective
103	only until the adoption by the commission of the new edition of
104	the Florida Building Code every third year. At such time, the
105	commission shall review such amendment for consistency with the
106	criteria in paragraph (7)(a) and adopt such amendment as part of
107	the Florida Building Code or rescind the amendment. The
108	commission shall immediately notify the respective local
109	government of the rescission of any amendment. After receiving
110	such notice, the respective local government may readopt the
111	rescinded amendment pursuant to the provisions of this
112	paragraph.
113	7. Each county and municipality desiring to make local
114	technical amendments to the Florida Building Code shall by
115	interlocal agreement establish a countywide compliance review
116	board to review any amendment to the Florida Building Code,
117	adopted by a local government within the county pursuant to this
118	paragraph, that is challenged by any substantially affected
119	party for purposes of determining the amendment's compliance
120	with this paragraph. If challenged, the local technical
121	amendments shall not become effective until time for filing an
122	appeal pursuant to subparagraph 8. has expired or, if there is
123	an appeal, until the commission issues its final order
124	determining the adopted amendment is in compliance with this
125	subsection.
126	8. If the compliance review board determines such
127	amendment is not in compliance with this paragraph, the
128	compliance review board shall notify such local government of
129	the noncompliance and that the amendment is invalid and
130	unenforceable until the local government corrects the amendment
131	to bring it into compliance. The local government may appeal the
132	decision of the compliance review board to the commission. If
133	the compliance review board determines such amendment to be in
134	compliance with this paragraph, any substantially affected party
135	may appeal such determination to the commission. Any such appeal
136	shall be filed with the commission within 14 days of the board's
137	written determination. The commission shall promptly refer the
138	appeal to the Division of Administrative Hearings for the
139	assignment of an administrative law judge. The administrative
140	law judge shall conduct the required hearing within 30 days, and
141	shall enter a recommended order within 30 days of the conclusion
142	of such hearing. The commission shall enter a final order within
143	30 days thereafter. The provisions of chapter 120 and the
144	uniform rules of procedure shall apply to such proceedings. The
145	local government adopting the amendment that is subject to
146	challenge has the burden of proving that the amendment complies
147	with this paragraph in proceedings before the compliance review
148	board and the commission, as applicable. Actions of the
149	commission are subject to judicial review pursuant to s. 120.68.
150	The compliance review board shall determine whether its
151	decisions apply to a respective local jurisdiction or apply
152	countywide.
153	9. An amendment adopted under this paragraph shall include
154	a fiscal impact statement which documents the costs and benefits
155	of the proposed amendment. Criteria for the fiscal impact
156	statement shall include the impact to local government relative
157	to enforcement, the impact to property and building owners, as
158	well as to industry, relative to the cost of compliance. The
159	fiscal impact statement may not be used as a basis for
160	challenging the amendment for compliance.
161	10. In addition to subparagraphs 7. and 9., the
162	commission may review any amendments adopted pursuant to this
163	subsection and make nonbinding recommendations related to
164	compliance of such amendments with this subsection.
165	(c) Any amendment adopted by a local enforcing agency
166	pursuant to this subsection shall not apply to state or school
167	district owned buildings, manufactured buildings or factory-
168	built school buildings approved by the commission, or prototype
169	buildings approved pursuant to s. 553.77(5). The respective
170	responsible entities shall consider the physical performance
171	parameters substantiating such amendments when designing,
172	specifying, and constructing such exempt buildings.
173
174
175	Upon approval of the Florida Building Code by the Legislature
176	during the 2000 legislative session, all existing local
177	technical amendments to any building code adopted by any local
178	government were repealed. Each local government may readopt such
179	amendments pursuant to this subsection.
180	(6)(a) It is the intent of the Legislature that the
181	Florida Building Code be maintained to be up-to-date with the
182	national consensus standards. Further, it is the intent of the
183	Legislature that the Florida Building Code be maintained to
184	reflect Florida-specific needs and conditions affecting its
185	built environment. When updating the code, the commission shall
186	consider new editions of national model codes and consensus
187	standards incorporated into the Florida Building Code; successor
188	national model codes and consensus standards if such national
189	model codes or consensus standards are no longer maintained by
190	their promulgating organizations; existing approved and adopted
191	Florida-specific modifications; such interpretations,
192	declaratory statements, and appellate decisions of the
193	commission; local amendments reviewed pursuant to subparagraph
194	(4)(b)6., and; such Florida-specific amendments first approved
195	by the commission pursuant to subsection (7), and considered
196	essential to maintaining the Florida Building Code requirements
197	appropriate to the state. All of the foregoing shall be
198	considered, selected, and adopted pursuant to paragraph (b).
199	(b)The commission, by rule adopted pursuant to ss.
200	120.536(1) and 120.54, shall update the Florida Building Code
201	every 3 years. When updating the Florida Building Code, the
202	commission shall consider changes made by the adopting entity of
203	any selected model code for any model code incorporated into the
204	Florida Building Code, and may subsequently adopt the new
205	edition or successor of the model code or any part of such code,
206	no sooner than 6 months after itsuch model codehas been
207	adopted by the adopting organization, which may then be modified
208	for this state as provided in this section, and shall further
209	consider the commission's own interpretations, declaratory
210	statements, appellate decisions, and approved statewide and
211	local technical amendments. A change made by an institute or
212	standards organization to any standard or criterion that is
213	adopted by reference in the Florida Building Code does not
214	become effective statewide until it has been adopted by the
215	commission. Furthermore, the edition of the Florida Building
216	Code which is in effect on the date of application for any
217	permit authorized by the code governs the permitted work for the
218	life of the permit and any extension granted to the permit. Any
219	amendment to the Florida Building Code which is adopted upon a
220	finding by the commission that the amendment is necessary to
221	protect the public from immediate threat of harm takes effect
222	immediately.
223	(7)(a) The commission may approve technical amendments to
224	the Florida Building Code once each year for statewide or
225	regional application upon a finding that the amendment:
226	1. Has a reasonable and substantial connection with the
227	health, safety, and welfare of the general public.
228	2. Strengthens or improves the Florida Building Code, or
229	in the case of innovation or new technology, will provide
230	equivalent or better products or methods or systems of
231	construction.
232	3. Does not discriminate against materials, products,
233	methods, or systems of construction of demonstrated
234	capabilities.
235	4. Does not degrade the effectiveness of the Florida
236	Building Code.
237
238	Furthermore, the Florida Building Commission may approve
239	technical amendments to the code once each year to incorporate
240	into the Florida Building Code its own interpretations of the
241	code which are embodied in its opinions, final orders,and
242	declaratory statements, and in interpretations of hearing
243	officer panels under s. 553.775(3)(c). Amendments approved under
244	this paragraph shall be adopted by rule pursuant to ss.
245	120.536(1) and 120.54, after the amendments have been subjected
246	to the provisions of subsection (3).
247	(c) The commission may not approve any proposed amendment
248	that does not accurately and completely address all requirements
249	for amendment which are set forth in this section. The
250	commission shall require all proposed amendments and information
251	submitted with proposed amendments to be reviewed by commission
252	staff prior to consideration by any technical advisory
253	committee. These reviews shall be for sufficiency only and are
254	not intended to be qualitative in nature. Staff members shall
255	reject any proposed amendment that fails to include a fiscal
256	impact statement providing information responsive to all
257	criteria identified. Proposed amendments rejected by members of
258	the staff may not be considered by the commission or any
259	technical advisory committee.
260	Section 2. Effective October 1, 2003, subsection (1) of
261	section 553.74, Florida Statutes, as amended by section 15 of
262	chapter 2002-293, Laws of Florida, is amended to read:
263	553.74 Florida Building Commission.--
264	(1) The Florida Building Commission is created and shall
265	be located within the Department of Community Affairs for
266	administrative purposes. Members shall be appointed by the
267	Governor subject to confirmation by the Senate. The commission
268	shall be composed of 23 members, consisting of the following:
269	(a) One architect registered to practice in this state and
270	actively engaged in the profession from a list of three
271	candidates provided by the American Institute of Architecture,
272	Florida Section.
273	(b) One structural engineer registered to practice in this
274	state and actively engaged in the profession from a list of
275	three candidates provided by the Florida Engineering Society.
276	(c) One air-conditioning or mechanical contractor
277	certified to do business in this state and actively engaged in
278	the profession from a list of three candidates provided by the
279	Florida Air Conditioning Contractors Association and the Florida
280	Refrigeration and Air Conditioning Contractors Association.
281	(d) One electrical contractor certified to do business in
282	this state and actively engaged in the profession from a list of
283	three candidates provided by the Florida Electrical Contractors
284	Association.
285	(e) One member from fire protection engineering or
286	technology who is actively engaged in the profession from a list
287	of three candidates provided by the Florida Fire Protection
288	Engineers Society and the Florida Fire Marshals Association.
289	(f) One generalcontractor certified to do business in
290	this state and actively engaged in the profession from a list of
291	three candidates provided by the Associated Builders and
292	Contractors of Florida and the Florida Associated General
293	Contractors Council.
294	(g) One plumbing contractor licensed to do business in
295	this state and actively engaged in the profession from a list of
296	three candidates provided by the Florida Association of
297	Plumbing, Heating, and Cooling Contractors.
298	(h) One roofing or sheet metal contractor certified to do
299	business in this state and actively engaged in the profession
300	from a list of three candidates provided by the Florida Roofing,
301	Sheet Metal and Air Conditioning Contractors Association.
302	(i) One residentialcontractor licensed to do business in
303	this state and actively engaged in the profession from a list of
304	three candidates provided by the Florida Home Builders
305	Association.
306	(j) Three members who are municipal or district codes
307	enforcement officials, two of whom shall be from a list of four
308	candidates provided by the Building Officials Association of
309	Florida and one of whom is also a fire official from a list of
310	three candidates provided by the Florida Fire Marshals
311	Association.
312	(k) One member who represents the Department of Insurance.
313	(l) One member who is a county codes enforcement official
314	from a list of three candidates provided by the Building
315	Officials Association of Florida.
316	(m) One member of a Florida-based organization of persons
317	with disabilities or a nationally chartered organization of
318	persons with disabilities with chapters in this state.
319	(n) One member of the manufactured buildings industry who
320	is licensed to do business in this state and is actively engaged
321	in the industry from a list of three candidates provided by the
322	Florida Manufactured Housing Association.
323	(o) One mechanical or electrical engineer registered to
324	practice in this state and actively engaged in the profession
325	from a list of three candidates provided by the Florida
326	Engineering Society.
327	(p) One member who is an electedarepresentative of a
328	municipality or a charter county from a list of three candidates
329	provided by the Florida League of Cities and Florida Association
330	of Counties.
331	(q) One member of the building products manufacturing
332	industry who is authorized to do business in this state and is
333	actively engaged in the industry from a list of candidates
334	provided by the Florida Building Materials Association, Florida
335	Concrete and Products Association, and Fensestration
336	Manufacturers Association.
337	(r) One member who is a representative of the building
338	owners and managers industry who is actively engaged in
339	commercial building ownership or management from a list of three
340	candidates provided by the Building Owners and Managers
341	Association.
342	(s) One member who is a representative of the insurance
343	industry from a list of three candidates provided by the Florida
344	Insurance Council.
345	(t) One member who is a representative of public
346	education.
347	(u) One member who shall be the chair.
348
349	Any person serving on the commission under paragraph (c) or
350	paragraph(h)on October 1, 2003, and who has served less than
351	two full terms is eligible for reappointment to the commission
352	regardless of whether he or she meets the new qualification. The
353	Governor may appoint commission members from the lists of
354	candidates submitted by the respective professional
355	organizations or may appoint any other persons otherwise
356	qualified according to this section.
357	Section 3. Section 553.77, Florida Statutes, is amended to
358	read:
359	553.77 Specific powers of the commission.--
360	(1) The commission shall:
361	(a) Adopt and update the Florida Building Code or
362	amendments thereto, pursuant to ss. 120.536(1) and 120.54.
363	(b) Make a continual study of the operation of the Florida
364	Building Code and other laws relating to the design,
365	construction, erection, alteration, modification, repair, or
366	demolition of public or private buildings, structures, and
367	facilities, including manufactured buildings, and code
368	enforcement, to ascertain their effect upon the cost of building
369	construction and determine the effectiveness of their
370	provisions. Upon updating the Florida Building Code every 3
371	years, the commission shall review existing provisions of law
372	and make recommendations to the Legislature for the next regular
373	session of the Legislature regarding provisions of law that
374	should be revised or repealed to ensure consistency with the
375	Florida Building Code at the point the update goes into effect.
376	State agencies and local jurisdictions shall provide such
377	information as requested by the commission for evaluation of and
378	recommendations for improving the effectiveness of the system of
379	building code laws for reporting to the Legislature annually.
380	Failure to comply with this or other requirements of this act
381	must be reported to the Legislature for further action. Any
382	proposed legislation providing for the revision or repeal of
383	existing laws and rules relating to technical requirements
384	applicable to building structures or facilities should expressly
385	state that such legislation is not intended to imply any repeal
386	or sunset of existing general or special laws governing any
387	special district that are not specifically identified in the
388	legislation.
389	(c) Upon written application by any substantially affected
390	person or a local enforcement agency, issue declaratory
391	statements pursuant to s. 120.565 relating to new technologies,
392	techniques, and materials which have been tested where necessary
393	and found to meet the objectives of the Florida Building Code.
394	This paragraph does not apply to the types of products,
395	materials, devices, or methods of construction required to be
396	approved under paragraph (f)(i).
397	(d) Upon written application by any substantially affected
398	person, state agency, or a local enforcement agency, issue
399	declaratory statements pursuant to s. 120.565 relating to the
400	enforcement or administration by local governments of the
401	Florida Building Code. Paragraph (h) provides the exclusive
402	remedy for addressing local interpretations of the code.
403	(e) When requested in writing by any substantially
404	affected person, state agency, or a local enforcing agency,
405	shall issue declaratory statements pursuant to s. 120.565
406	relating to this part and ss. 515.25, 515.27, 515.29, and
407	515.37. Actions of the commission are subject to judicial
408	review pursuant to s. 120.68.
409	(d)(f)Make recommendations to, and provide assistance
410	upon the request of, the Florida Commission on Human Relations
411	regarding rules relating to accessibility for persons with
412	disabilities.
413	(e)(g)Participate with the Florida Fire Code Advisory
414	Council created under s. 633.72, to provide assistance and
415	recommendations relating to firesafety code interpretations. The
416	administrative staff of the commission shall attend meetings of
417	the Florida Fire Code Advisory Council and coordinate efforts to
418	provide consistency between the Florida Building Code and the
419	Florida Fire Prevention Code and the Life Safety Code.
420	(h) Hear appeals of the decisions of local boards of
421	appeal regarding interpretation decisions of local building
422	officials, or if no local board exists, hear appeals of
423	decisions of the building officials regarding interpretations of
424	the code. For such appeals:
425	1. Local decisions declaring structures to be unsafe and
426	subject to repair or demolition shall not be appealable to the
427	commission if the local governing body finds there is an
428	immediate danger to the health and safety of its citizens.
429	2. All appeals shall be heard in the county of the
430	jurisdiction defending the appeal.
431	3. Hearings shall be conducted pursuant to chapter 120 and
432	the uniform rules of procedure, and decisions of the commission
433	are subject to judicial review pursuant to s. 120.68.
434	(f)(i) Determine the types of products which may be
435	approved by the commissionrequiring approvalfor local or
436	statewide use and shall provide for the evaluation and approval
437	of such products, materials, devices, and method of construction
438	for statewide use. The commission may prescribe by rule a
439	schedule of reasonable fees to provide for evaluation and
440	approval of products, materials, devices, and methods of
441	construction. Evaluation and approval shall be by action of the
442	commission or delegated pursuant to s. 553.842. This paragraph
443	does not apply to products approved by the State Fire Marshal.
444	(g)(j)Appoint experts, consultants, technical advisers,
445	and advisory committees for assistance and recommendations
446	relating to the major areas addressed in the Florida Building
447	Code.
448	(h)(k)Establish and maintain a mutual aid program,
449	organized through the department, to provide an efficient supply
450	of various levels of code enforcement personnel, design
451	professionals, commercial property owners, and construction
452	industry individuals, to assist in the rebuilding effort in an
453	area which has been hit with disaster. The program shall
454	include provisions for:
455	1. Minimum postdisaster structural, electrical, and
456	plumbing inspections and procedures.
457	2. Emergency permitting and inspection procedures.
458	3. Establishing contact with emergency management
459	personnel and other state and federal agencies.
460	(i)(l)Maintain a list of interested parties for noticing
461	rulemaking workshops and hearings, disseminating information on
462	code adoption, revisions, amendments, and all other such actions
463	which are the responsibility of the commission.
464	(j)(m)Coordinate with the state and local governments,
465	industry, and other affected stakeholders in the examination of
466	legislative provisions and make recommendations to fulfill the
467	responsibility to develop a consistent, single code.
468	(k)(n)Provide technical assistance to local building
469	departments in order to implement policies, procedures, and
470	practices which would produce the most cost-effective property
471	insurance ratings.
472	(l)(o)Develop recommendations for local governments to
473	use when pursuing partial or full privatization of building
474	department functions. The recommendations shall include, but not
475	be limited to, provisions relating to equivalency of service,
476	conflict of interest, requirements for competency, liability,
477	insurance, and long-term accountability.
478	(2) Upon written application by any substantially affected
479	person, the commission shall issue a declaratory statement
480	pursuant to s. 120.565 relating to a state agency's
481	interpretation and enforcement of the specific provisions of the
482	Florida Building Code the agency is authorized to enforce. The
483	provisions of this subsection shall not be construed to provide
484	any powers, other than advisory, to the commission with respect
485	to any decision of the State Fire Marshal made pursuant to the
486	provisions of chapter 633.
487	(3) The commission may designate a commission member with
488	demonstrated expertise in interpreting building plans to attend
489	each meeting of the advisory council created in s. 553.512. The
490	commission member may vary from meeting to meeting, shall serve
491	on the council in a nonvoting capacity, and shall receive per
492	diem and expenses as provided in s. 553.74(3).
493	(2)(4)For educational and public information purposes,
494	the commission shall develop and publish an informational and
495	explanatory document which contains descriptions of the roles
496	and responsibilities of the licensed design professional,
497	residential designer, contractor, and local building and fire
498	code officials. The State Fire Marshal shall be responsible for
499	developing and specifying roles and responsibilities for fire
500	code officials. Such document may also contain descriptions of
501	roles and responsibilities of other participants involved in the
502	building codes system.
503	(3)(5)The commission may provide by rule for plans review
504	and approval of prototype buildings owned by public and private
505	entities to be replicated throughout the state. The rule must
506	allow for review and approval of plans for prototype buildings
507	to be performed by a public or private entity with oversight by
508	the commission. The department may charge reasonable fees to
509	cover the administrative costs of the program. Such approved
510	plans or prototype buildings shall be exempt from further review
511	required by s. 553.79(2), except changes to the prototype
512	design, site plans, and other site-related items. As provided in
513	s. 553.73, prototype buildings are exempt from any locally
514	adopted amendment to any part of the Florida Building Code.
515	Construction or erection of such prototype buildings is subject
516	to local permitting and inspections pursuant to this part.
517	(4)(6)The commission may produce and distribute a
518	commentary document to accompany the Florida Building Code. The
519	commentary must be limited in effect to providing technical
520	assistance and must not have the effect of binding
521	interpretations of the code document itself.
522	(7) The commission shall by rule establish an informal
523	process of rendering nonbinding interpretations of the Florida
524	Building Code. The commission is specifically authorized to
525	refer interpretive issues to organizations that represent those
526	engaged in the construction industry. The commission is
527	directed to immediately implement the process prior to the
528	completion of formal rulemaking. It is the intent of the
529	Legislature that the commission create a process to refer
530	questions to a small, rotating group of individuals licensed
531	under part XII of chapter 468, to which a party can pose
532	questions regarding the interpretation of code provisions. It
533	is the intent of the Legislature that the process provide for
534	the expeditious resolution of the issues presented and
535	publication of the resulting interpretation on the Building Code
536	Information System. Such interpretations are to be advisory
537	only and nonbinding on the parties or the commission.
538	Section 4. Section 553.775, Florida Statutes, is created
539	to read:
540	553.775 Interpretations.--
541	(1) It is the intent of the Legislature that the Florida
542	Building Code be interpreted by building officials, local
543	enforcement agencies, and the commission in a manner that
544	protects the public safety, health, and welfare at the most
545	reasonable cost to the consumer by ensuring uniform
546	interpretations throughout the state and by providing processes
547	for resolving disputes regarding interpretations of the Florida
548	Building Code which are just and expeditious.
549	(2) Local enforcement agencies, local building officials,
550	state agencies, and the commission shall interpret provisions of
551	the Florida Building Code in a manner that is consistent with
552	declaratory statements and interpretations entered by the
553	commission, except that conflicts between the Florida Fire
554	Prevention Code and the Florida Building Code shall be resolved
555	in accordance with s. 553.73(9)(c) and (d).
556	(3) The following procedures may be invoked regarding
557	interpretations of the Florida Building Code:
558	(a) Upon written application by any substantially affected
559	person, state agency, or a local enforcement agency, the
560	commission shall issue declaratory statements pursuant to s.
561	120.565 relating to the enforcement or administration by local
562	governments of the Florida Building Code. Paragraph(c) provides
563	the exclusive remedy for addressing requests to review local
564	interpretations of the code and appeals from review proceedings.
565	(b) When requested in writing by any substantially
566	affected person, state agency, or a local enforcing agency, the
567	commission shall issue a declaratory statement pursuant to s.
568	120.565 relating to this part and ss. 515.25, 515.27, 515.29,
569	and 515.37. Actions of the commission are subject to judicial
570	review under s. 120.68.
571	(c) The commission shall review decisions of local
572	building officials and local enforcement agencies regarding
573	interpretations of the Florida Building Code as follows:
574	1. The commission shall coordinate with the Building
575	Officials Association of Florida, Inc., to designate panels
576	composed of five members to hear requests to review decisions of
577	local building officials. The members must be licensed as
578	building code administrators under part XII of chapter 468 and
579	must have experience interpreting and enforcing provisions of
580	the Florida Building Code.
581	2. Requests to review a decision of a local building
582	official interpreting provisions of the Florida Building Code
583	may be initiated by any substantially affected person, including
584	an owner or builder subject to a decision of a local building
585	official, or an association of owners or builders with members
586	who are subject to a decision of a local building official. In
587	order to initiate review, the substantially affected person must
588	file a petition with the commission. The commission shall adopt
589	a form for the petition, which shall be published on the
590	Building Code Information System. The form shall, at a minimum,
591	require the following:
592	a. The name and address of the county or municipality in
593	which provisions of the Florida Building Code are being
594	interpreted.
595	b. The name and address of the local building official who
596	has made the interpretation being appealed.
597	c. The name, address, and telephone number of the
598	petitioner; the name, address, and telephone number of the
599	petitioner's representative, if any; and an explanation of how
600	the petitioner's substantial interests are being affected by the
601	local interpretation of the Florida Building Code.
602	d. A statement of the provisions of the Florida Building
603	Code which are being interpreted by the local building official.
604	e. A statement of the interpretation given to provisions
605	of the Florida Building Code by the local building official and
606	the manner in which the interpretation was rendered.
607	f. A statement of the interpretation that the petitioner
608	contends should be given to the provisions of the Florida
609	Building Code and a statement supporting the petitioner's
610	interpretation.
611	g. Space for the local building official to respond in
612	writing. The space shall, at a minimum, require the local
613	building official to respond by providing a statement admitting
614	or denying the statements containing in the petition and a
615	statement of the interpretation of the provisions of the Florida
616	Building Code which the local jurisdiction or the local building
617	official contends is correct, including the basis for the
618	interpretation.
619	3. The petitioner shall submit the petition to the local
620	building official, who shall place the date of receipt on the
621	petition. The local building official shall respond to the
622	petition in accordance with the form, and shall return the
623	petition along with his or her response to the petitioner within
624	5 days after receipt, exclusive of Saturdays, Sundays, and legal
625	holidays. The petitioner may file the petition with the
626	commission at any time after the local building official
627	provides a response. If no response is provided by the local
628	building official, the petitioner may file the petition with the
629	commission 10 days after submission of the petition to the local
630	building official, and shall note that the local building
631	official did not respond.
632	4. Upon receipt of a petition that meets the requirements
633	of subparagraph 2., the commission shall immediately provide
634	copies of the petition to a panel, and the commission shall
635	publish the petition, including any response submitted by the
636	local building official, on the Building Code Information System
637	in a manner that allows interested persons to address the issues
638	by posting comments.
639	5. The panel shall conduct proceedings as necessary to
640	resolve the issues; shall give due regard to the petitions, and
641	the response, and to comments posed on the Building Code
642	Information System; and shall issue an interpretation regarding
643	the provisions of the Florida Building Code within 21 days after
644	the filing of the petition. The panel shall render a
645	determination based upon the Florida Building Code or, if the
646	code is ambiguous, the intent of the code. The panel's
647	interpretation shall be provided to the commission, which shall
648	publish the interpretation on the Building Code Information
649	System and in the Florida Administrative Weekly. The
650	interpretation shall be considered an interpretation entered by
651	the commission, and shall be binding upon the parties and upon
652	all jurisdictions subject to the Florida Building Code, unless
653	it is superseded by a declaratory statement issued by the
654	Florida Building Commission or by a final order entered after an
655	appeal proceeding conducted in accordance with subparagraph 7.
656	6. It is the intent of the Legislature that review
657	proceedings be completed within 21 days after the date that a
658	petition seeking review is filed with the commission, and the
659	time periods set forth in this paragraph may be waived only upon
660	consent of all parties.
661	7. Any substantially affected person may appeal an
662	interpretation rendered by a hearing officer panel by filing a
663	petition with the commission. Such appeals shall be initiated in
664	accordance with chapter 120 and the uniform rules of procedure,
665	and must be filed within 30 days after publication of the
666	interpretation on the Building Code Information System or in the
667	Florida Administrative Weekly. Hearings shall be conducted
668	pursuant to chapter 120 and the uniform rules of procedure.
669	Decisions of the commission are subject to judicial review
670	pursuant to s. 120.68. The final order of the commission is
671	binding upon the parties and upon all jurisdictions subject to
672	the Florida Building Code.
673	8. The burden of proof in any proceeding initiated in
674	accordance with subparagraph 7. shall be on the party who
675	initiated the appeal.
676	9. In any review proceeding initiated in accordance with
677	this paragraph, including any proceeding initiated in accordance
678	with subparagraph 7., the fact that an owner or builder has
679	proceeded with construction shall not be grounds for determining
680	the issues to be moot, if the issue is one that is likely to
681	arise in the future.
682	(d) Local decisions declaring structures to be unsafe and
683	subject to repair or demolition are not subject to review under
684	this subsection and may not be appealed to the commission if the
685	local governing body finds that there is an immediate danger to
686	the health and safety of the public.
687	(e) Upon written application by any substantially affected
688	person, the commission shall issue a declaratory statement
689	pursuant to s. 120.565 relating to an agency's interpretation
690	and enforcement of the specific provisions of the Florida
691	Building Code which the agency is authorized to enforce. This
692	subsection does not provide any powers, other than advisory, to
693	the commission with respect to any decision of the State Fire
694	Marshal made pursuant to chapter 633.
695	(f) The commission may designate a commission member with
696	demonstrated expertise in interpreting building plans to attend
697	each meeting of the advisory council created in s. 553.512. The
698	commission member may vary from meeting to meeting, shall serve
699	on the council in a nonvoting capacity, and shall receive per
700	diem and expenses as provided in s. 553.74(3).
701	(g) The commission shall by rule establish an informal
702	process of rendering nonbinding interpretations of the Florida
703	Building Code. The commission is specifically authorized to
704	refer interpretive issues to organizations that represent those
705	engaged in the construction industry. The commission shall
706	immediately implement the process prior to the completion of
707	formal rulemaking. It is the intent of the Legislature that the
708	commission create a process to refer questions to a small,
709	rotating group of individuals licensed under part XII of chapter
710	468, to which a party may pose questions regarding the
711	interpretation of code provisions. It is the intent of the
712	Legislature that the process provide for the expeditious
713	resolution of the issues presented and publication of the
714	resulting interpretation on the Building Code Information
715	System. Such interpretations shall be advisory only and
716	nonbinding on the parties and the commission.
717	Section 5. Subsection (14) of section 553.79, Florida
718	Statutes, is amended to read:
719	553.79 Permits; applications; issuance; inspections.--
720	(14) Certifications by contractors authorized under the
721	provisions of s. 489.115(4)(b) shall be considered equivalent to
722	sealed plans and specifications by a person licensed under
723	chapter 471 or chapter 481 by local enforcement agencies for
724	plans review for permitting purposes relating to compliance with
725	the wind resistance provisions of the code or alternate
726	methodologies approved by the commission for one and two family
727	dwellings. Local enforcement agencies may rely upon such
728	certification by contractors that the plans and specifications
729	submitted conform to the requirements of the code for wind
730	resistance. Upon good cause shown, local government code
731	enforcement agencies may accept or reject plans sealed by
732	persons licensed under chapter 471, chapter 481, or chapter 489.
733	A truss placement plan is not required to be signed and sealed
734	by an engineer or architect unless prepared by an engineer or
735	architect or specifically required by the Florida Building Code.
736	Section 6. Subsections (2), (4), (6), (11), (14), (15) and
737	(19) of section 553.791, Florida Statutes, are amended to read:
738	553.791 Alternative plans review and inspection.--
739	(2) Notwithstanding any other provision of law or local
740	government ordinance or local policy to the contrary, the fee
741	owner of a building, or the fee owner's contractor upon written
742	authorization from the fee owner, may choose touse a private
743	provider to provide building code inspection services with
744	regard to such building and may make payment directly to the
745	private provider for the provision of such services. All such
746	services shall be the subject of a written contract between the
747	private provider, or the private provider's firm, and the fee
748	owner. The fee owner may elect to use a private provider to
749	provide either plans review or required building inspections.
750	The local building official, in his or her discretion and
751	pursuant to duly adopted policies of the local enforcement
752	agency, may require the fee owner who desires to use a private
753	provider to use the private provider to provide both plans
754	review and required building inspection services.
755	(4) A fee owner or the fee owner's contractorusing a
756	private provider to provide building code inspection services
757	shall notify the local building official at the time of permit
758	application or no less than 1 week prior to a private provider
759	providing building code inspection serviceson a form to be
760	adopted by the commission. This notice shall include the
761	following information:
762	(a) The services to be performed by the private provider.
763	(b) The name, firm, address, telephone number, and
764	facsimile number of each private provider who is performing or
765	will perform such services, his or her professional license or
766	certification number, qualification statements or resumes, and,
767	if required by the local building official, a certificate of
768	insurance demonstrating that professional liability insurance
769	coverage is in place for the private provider's firm, the
770	private provider, and any duly authorized representative in the
771	amounts required by this section.
772	(c) An acknowledgment from the fee owner in substantially
773	the following form:
774
775	I have elected to use one or more private providers to provide
776	building code plans review and/or inspection services on the
777	building that is the subject of the enclosed permit application,
778	as authorized by s. 553.791, Florida Statutes. I understand
779	that the local building official may not review the plans
780	submitted or perform the required building inspections to
781	determine compliance with the applicable codes, except to the
782	extent specified in said law. Instead, plans review and/or
783	required building inspections will be performed by licensed or
784	certified personnel identified in the application. The law
785	requires minimum insurance requirements for such personnel, but
786	I understand that I may require more insurance to protect my
787	interests. By executing this form, I acknowledge that I have
788	made inquiry regarding the competence of the licensed or
789	certified personnel and the level of their insurance and am
790	satisfied that my interests are adequately protected. I agree to
791	indemnify, defend, and hold harmless the local government, the
792	local building official, and their building code enforcement
793	personnel from any and all claims arising from my use of these
794	licensed or certified personnel to perform building code
795	inspection services with respect to the building that is the
796	subject of the enclosed permit application.
797
798	If the fee owner or a fee owner's contractormakes any changes
799	to the listed private providers or the services to be provided
800	by those private providers, the fee owner or fee owner's
801	contractorshall, within 1 business day after any change, update
802	the notice to reflect such changes.
803	(6)(a) No more thanWithin 30 businessdays after receipt
804	of a permit application and the affidavit from the private
805	provider required pursuant to subsection (5), the local building
806	official shall issue the requested permit or provide a written
807	notice to the permit applicant identifying the specific plan
808	features that do not comply with the applicable codes, as well
809	as the specific code chapters and sections. If the local
810	building official does not provide a written notice of the plan
811	deficiencies within the prescribed 30-day period, the permit
812	application shall be deemed approved as a matter of law, and the
813	permit shall be issued by the local building official on the
814	next business day.
815	(b) If the local building official provides a written
816	notice of plan deficiencies to the permit applicant within the
817	prescribed 30-day period, the 30-day period shall be tolled
818	pending resolution of the matter. To resolve the plan
819	deficiencies, the permit applicant may elect to dispute the
820	deficiencies pursuant to subsection (12) or to submit revisions
821	to correct the deficiencies.
822	(c) If the permit applicant submits revisions, the local
823	building official has the remainder of the tolled 30-day period
824	plus 5 business days to issue the requested permit or to provide
825	a second written notice to the permit applicant stating which of
826	the previously identified plan features remain in noncompliance
827	with the applicable codes, with specific reference to the
828	relevant code chapters and sections. If the local building
829	official does not provide the second written notice within the
830	prescribed time period, the permit shall be issued by the local
831	building official on the next business day.
832	(d) If the local building official provides a second
833	written notice of plan deficiencies to the permit applicant
834	within the prescribed time period, the permit applicant may
835	elect to dispute the deficiencies pursuant to subsection (12) or
836	to submit additional revisions to correct the deficiencies. For
837	all revisions submitted after the first revision, the local
838	building official has an additional 5 business days to issue the
839	requested permit or to provide a written notice to the permit
840	applicant stating which of the previously identified plan
841	features remain in noncompliance with the applicable codes, with
842	specific reference to the relevant code chapters and sections.
843	(11) No more thanWithin2 business days after receipt of
844	a request for a certificate of occupancy or certificate of
845	completion and the applicant's presentation of a certificate of
846	compliance and approval of all other government approvals
847	required by law, the local building official shall issue the
848	certificate of occupancy or certificate of completion or provide
849	a notice to the applicant identifying the specific deficiencies,
850	as well as the specific code chapters and sections. If the
851	local building official does not provide notice of the
852	deficiencies within the prescribed 2-day period, the request for
853	a certificate of occupancy or certificate of completion shall be
854	deemed granted and the certificate of occupancy or certificate
855	of completion shall be issued by the local building official on
856	the next business day. To resolve any identified deficiencies,
857	the applicant may elect to dispute the deficiencies pursuant to
858	subsection (12) or to submit a corrected request for a
859	certificate of occupancy or certificate of completion.
860	(14) No local enforcement agency, local building official,
861	or local government may adopt or enforce any laws, rules,
862	procedures, policies,or standards more stringent than those
863	prescribed by this section.
864	(15) A private provider may perform building code
865	inspection services under this section only if the private
866	provider maintains insurance for professional and comprehensive
867	generalliability with minimum policy limits of $1 million per
868	occurrence coveringrelating toall services performed as a
869	private provider. If the private provider chooses to secure
870	claims-made coverage to fulfill this requirement, the private
871	provider must also maintain, includingtail coverage for a
872	minimum of 5 years subsequent to the performance of building
873	code inspection services. Occurence-based coverage shall not be
874	subject to any tail coverage requirement.
875	(19) The Florida Building Commission shall report on the
876	implementation of this section to the Legislature on or before
877	January 1, 20052004, as part of the report required by s.
878	553.77(1)(b).
879	Section 7. Subsection (7) is added to section 553.80,
880	Florida Statutes, to read:
881	553.80 Enforcement.--
882	(7) The governing bodies of local governments may provide
883	a schedule of reasonable fees, as authorized by s. 125.56(2) or
884	s. 166.222 and this section, for the enforcement of this part.
885	Such fees, and any fines or investment earnings related to such
886	fees, shall be used solely for carrying out the local
887	government's responsibilities in enforcing the Florida Building
888	Code. When providing a schedule of reasonable fees, the total
889	estimated annual revenue derived from fees and the fines and
890	investment earnings related to such fees may not exceed the
891	total estimated annual costs of allowable activities. Any
892	unexpended balances must be carried forward to future years for
893	allowable activities or shall be refunded at the discretion of
894	the local government. The basis for a fee structure for
895	allowable activities shall relate to the level of service
896	provided by the local government. Fees charged shall be
897	consistently applied.
898	(a) As used in this subsection, the term "enforcing the
899	Florida Building Code" includes the direct costs and reasonable
900	indirect costs associated with review of building plans,
901	building inspections, reinspections, building permit processing,
902	and building code enforcement. The term may also include
903	enforcement against unlicensed contractor activity to the extent
904	not funded with other user fees. Costs of inspections of public
905	buildings for a reduced fee or no fee, and costs incurred in
906	connection with public information requests, community
907	functions, boards, and programs that are not directly related to
908	enforcement of the Florida Building Code, may not be financed
909	with fees adopted under this subsection.
910	(b) A local government shall use recognized management,
911	accounting, and oversight practices to ensure that fees, fines,
912	and investment earnings generated under this subsection are
913	maintained and allocated or used solely for the purposes
914	described in paragraph (a).
915	Section 8. The Florida Building Commission may expedite
916	the adoption and implementation of the State Existing Building
917	Code as part of the Florida Building Code pursuant only to the
918	provisions of chapter 120, Florida Statutes. The special update
919	and amendment requirements of section 553.73, Florida Statutes,
920	and the administrative rule requiring additional delay time
921	between adoption and implementation of such code are waived.
922	Section 9. Paragraph (c) is added to subsection (17) of
923	section 120.80, Florida Statutes, to read:
924	120.80 Exceptions and special requirements; agencies.--
925	(17) FLORIDA BUILDING COMMISSION.--
926	(c) Notwithstanding the provisions of s. 120.565, 120.569,
927	and 120.57, the Florida Building Commission and hearing officer
928	panels appointed by the commission in accordance with s.
929	553.775(3)(c)1., may conduct proceedings to review decisions of
930	local building code officials in accordance with s.
931	553.77(3)(c).
932	Section 10. Florida Construction Council.--
933	(1) This section may be cited as the "Florida Construction
934	Council Act."
935	(2) The purpose of this section is to create a public-
936	private partnership by providing that a single nonprofit
937	corporation be established to provide administrative, technical,
938	interpretive, and code-development services to the Florida
939	Building Commission and that no additional nonprofit corporation
940	be created for these purposes.
941	(3) The Florida Construction Council is created to provide
942	administrative, technical, and code-development services to the
943	Florida Building Commission in accordance with the provisions of
944	chapter 553, Florida Statutes. The council may hire staff
945	members as necessary to carry out its functions. Such staff
946	members are not public employees for the purposes of chapter 110
947	or chapter 112, Florida Statutes, except that the board of
948	directors and the staff are subject to the provisions of section
949	112.061, Florida Statutes. However, the council may also use
950	staff members provided by the Florida State University who may
951	be public employees for the purposes of chapter 110 or chapter
952	112, Florida Statutes. The provisions of section 768.28, Florida
953	Statutes, apply to the Florida Construction Council, which is
954	deemed to be a corporation primarily acting as an
955	instrumentality of the state, but which is not an agency within
956	the meaning of section 20.03(11), Florida Statutes. The council
957	shall:
958	(a) Be a Florida corporation not for profit, incorporated
959	under the provisions of chapter 617, Florida Statutes.
960	(b) Provide administrative, technical, and code-
961	development services to the Florida Building Commission in
962	accordance with the provisions of chapter 553, Florida Statutes,
963	and the contract required by this section. For the
964	administrative purposes of this act, the Florida Construction
965	Council shall be administratively attached to Florida State
966	University and shall be provided the administrative services
967	that the council and Florida State University find necessary.
968	(c) Receive, hold, and administer property and make only
969	prudent expenditures directly related to the responsibilities of
970	the Florida Building Commission, and in accordance with the
971	contract required by this section.
972	(d) Operate under a fiscal year that begins on July 1 of
973	each year and ends on June 30 of the following year.
974	(e) Have a five-member board of directors, which shall
975	consist of the Secretary of Community Affairs or his or her
976	designee, two members appointed by the Florida Building
977	Commission, one member appointed by the Department of Community
978	Affairs who is a layperson not performing work within the
979	construction industry, and one member appointed by Florida State
980	University. Members shall be appointed to terms of 4 years each.
981	All initial appointments shall expire on October 31, 2007. A
982	member may not serve more than two consecutive terms. Failure to
983	attend three consecutive meetings shall be deemed a resignation
984	from the council and the vacancy shall be filled by a new
985	appointment.
986	(f) Select its officers in accordance with its bylaws.
987	(g) Operate under an annual written contract with the
988	Department of Community Affairs or the responsible budgeting
989	entity. The contract must provide for, but need not be limited
990	to:
991	1. Approval of the articles of incorporation and bylaws of
992	the council by the Florida Building Commission.
993	2. Submission by the council of an annual budget.
994	3. Annual certification by the Department of Community
995	Affairs or the responsible budgeting entity that the council is
996	complying with the terms of the contract in a manner consistent
997	with the goals and purposes of the Florida Building Commission
998	and in the best interest of the state. The contract must also
999	provide for methods and mechanisms to resolve any situation in
1000	which the certification process determines noncompliance.
1001	4. Employment by the Florida Building Council of an
1002	administrator to actively supervise the administrative,
1003	technical, and code-development services of the council to
1004	ensure compliance with the contract and the provisions of
1005	chapter 553, Florida Statutes, and to act as a liaison for the
1006	Florida Building Commission and the council to ensure the
1007	effective operation of the council.
1008	5. Funding of the council through appropriations and
1009	private sources.
1010	6. The reversion to the state if the commission ceases to
1011	exist, of moneys, records, data, and property held in trust by
1012	the council for the benefit of the commission, or if the council
1013	is no longer approved to operate for the commission. All records
1014	and data in a computerized database shall be returned to the
1015	state in a form that is compatible with the computerized
1016	database of the commission.
1017	7. The securing and maintaining by the council, during the
1018	term of the contract and for all acts performed during the term
1019	of the contract, of all liability insurance coverage in an
1020	amount to be approved by the Florida Construction Council to
1021	defend, indemnify, and hold harmless the council and its
1022	officers and employees, the Florida Building Commission and its
1023	commissioners and employees, and the state against all claims
1024	arising from state and federal laws. Such insurance coverage
1025	must be with insurers qualified and doing business in the state.
1026	8. Payment by the council, out of its allocated budget, to
1027	the Florida Building Commission of all costs of representation
1028	by the commission counsel, including salary and benefits,
1029	travel, and any other compensation traditionally paid by the
1030	commission to other commission counsels.
1031	9. Payment by the council, out of its allocated budget, of
1032	all costs incurred by the council or the commission for the
1033	Division of Administrative Hearings of the Department of
1034	Management Services and any other costs for use of these state
1035	services.
1036	10. Payment by the council, out of its allocated budget,
1037	of all costs associated with the contract administrator of the
1038	commission, including salary and benefits, travel, and other
1039	related costs traditionally paid to state employees.
1040	11. Provide for an annual financial audit of its financial
1041	accounts and records by an independent certified public
1042	accountant. The annual audit report must include a management
1043	letter in accordance with section 11.45, Florida Statutes, and a
1044	detailed supplemental schedule of expenditures for each
1045	expenditure category. The annual audit report must be submitted
1046	to the Auditor General for review.
1047	12. Provide for persons charged with the responsibility of
1048	receiving and depositing fee and fine revenues to have a
1049	faithful performance bond in an amount and according to the
1050	terms specified in the contract.
1051	13. Submit to the Legislature, on or before January 1 of
1052	each year, a report on the status of the council which includes,
1053	but is not limited to, information concerning the programs and
1054	funds that have been transferred to the council. The report must
1055	include the number of inquiries received, the number of
1056	technical issues or questions addressed, the number of code or
1057	other interpretations provided, and the number of instances of
1058	code development undertaken by the council.
1059	14. Develop, with the Florida Building Commission,
1060	performance standards and measurable outcomes for the commission
1061	to adopt by rule in order to facilitate efficient and cost-
1062	effective services and regulation.
1063	(4) The Florida Construction Council shall provide by rule
1064	the procedures the council must follow to ensure that all
1065	product and proprietary information is secure while under the
1066	responsibility of the council and that there is an appropriate
1067	level of protection and monitoring during any review or code-
1068	development activities.
1069	(5) The Florida Building Commission shall review this act
1070	and make recommendations to the Legislature regarding the
1071	implementation thereof as part of its report submitted to the
1072	Florida Legislature pursuant to section 553.77(1)(b), Florida
1073	Statutes, on or before January 1, 2004.
1074	(6) This section takes effect July 1, 2004.
1075	Section 11. Section 399.106, Florida Statutes, is amended
1076	to read:
1077	399.106 Elevator Safety Technical Advisory Committee.--
1078	(1) The Elevator Safety Technical Advisory Committee is
1079	created within the Department of Business and Professional
1080	Regulation, Division of Hotels and Restaurants, consisting of
1081	eightsevenmembers to be appointed by the secretary of the
1082	Department of Business and Professional Regulation as follows:
1083	one representative from a major elevator manufacturing company
1084	or its authorized representative; one representative from an
1085	elevator servicing company; one representative from a building
1086	design profession; one representative of the general public; one
1087	representative of a local government in this state; one
1088	representative of a building owner or manager; one
1089	representative of labor involved in the installation,
1090	maintenance, and repair of elevators; and one representative who
1091	is a certified elevator inspector from a private inspection
1092	service. The purpose of the committee is to provide technical
1093	assistance to the division in support of protecting the health,
1094	safety, and welfare of the public; to give the division the
1095	benefit of the committee members' knowledge and experience
1096	concerning the industries and individual businesses affected by
1097	the laws and rules administered by the division.
1098	(2) The committee members shall serve staggered terms of 4
1099	years to be set by rule without salary, but may receive from the
1100	state expenses for per diem and travel. The committee shall
1101	appoint one of the members to serve as chair.
1102	(3) The committee shall meet and organize not later than
1103	45 days prior to the convening of the 2002 Legislature. This
1104	committee terminates December 31, 2003.
1105	(3)(4)The committee may consult with engineering
1106	authorities and organizations concerned with standard safety
1107	codes for recommendations to the department regarding rules and
1108	regulations governing the operation, maintenance, servicing,
1109	construction, alteration, installation, or inspection of
1110	vertical conveyances subject to this chapter.
1111	Section 12. Section 553.841, Florida Statutes, is amended
1112	to read:
1113	553.841 Building code training program; participant
1114	competency requirements.--
1115	(1) The Legislature finds that the effectiveness of the
1116	building codes of this state depends on the performance of all
1117	participants, as demonstrated through knowledge of the codes and
1118	commitment to compliance with code directives and that to
1119	strengthen compliance by industry and enforcement by government,
1120	a Building Code Training Program is needed.
1121	(1)(2)The commission shall establish by rule the Building
1122	Code Training Program to develop and provide a core curriculum
1123	and offer voluntary accreditation ofadvance module courses
1124	relating to the Florida Building Code and its enforcementa
1125	system of administering and enforcing the Florida Building Code.
1126	(3) The program shall be developed, implemented, and
1127	administered by the commission in consultation with the
1128	Department of Education, the Department of Community Affairs,
1129	the Department of Business and Professional Regulation, the
1130	State Fire Marshal, the State University System, and the
1131	Division of Community Colleges.
1132	(4) The commission may enter into contracts with the
1133	Department of Education, the State University System, the
1134	Division of Community Colleges, model code organizations,
1135	professional organizations, vocational-technical schools, trade
1136	organizations, and private industry to administer the program.
1137	(2)(5)The program shall be affordable, accessible,
1138	meaningful, financially self-sufficient and shall make maximum
1139	use of existing sources, systems, institutions, and programs
1140	available through private sources.
1141	(3)(6)The commission, in coordination with the Department
1142	of Community Affairs, the Department of Business and
1143	Professional Regulation, the respective licensing boards, and
1144	the State Fire Marshal shall develop or cause to be developed:
1145	(a) A core curriculum thatwhich is prerequisite to
1146	initial licensure for those licensees not subject to testing on
1147	the Florida Building Code as a condition of licensure. These
1148	entities shall also identify subject areas that are inadequately
1149	addressed by specialized and advanced courses.all specialized
1150	and advanced module coursework.
1151	(b) A set of specialized and advanced modules specifically
1152	designed for use by each profession.
1153	(4)(7)The core curriculum shall cover the information
1154	required to have all categories of participants appropriately
1155	informed as to their technical and administrative
1156	responsibilities in the effective execution of the code process
1157	by all individuals currently licensed under part XII of chapter
1158	468, chapter 471, chapter 481, or chapter 489, except as
1159	otherwise provided in s. 471.017. The core curriculum shall be
1160	prerequisite to the advanced module coursework for all licensees
1161	and shallbe completed by individuals licensed in all categories
1162	under part XII of chapter 468, chapter 471, chapter 481, or
1163	chapter 489 by the date of license renewal in 2003.within the
1164	first 2-year period after establishment of the program. Core
1165	course hoursAll approved courses taken by licensees pursuant to
1166	this sectionto complete this requirementshall count toward
1167	fulfillment of required continuing education units under part
1168	XII of chapter 468, chapter 471, chapter 481, or chapter 489.
1169	(8) The commission, in consultation with the Department of
1170	Business and Professional Regulation and the respective
1171	licensing boards, shall develop or cause to be developed an
1172	equivalency test for each category of licensee. Such test may
1173	be taken in lieu of the core curriculum. A passing score on the
1174	test shall be equivalent to completion of the core curriculum
1175	and shall be credited toward the required number of hours of
1176	continuing education.
1177	(5)(9)The commission, in consultation with the Department
1178	of Business and Professional Regulation, shall develop or cause
1179	to be developed, or approve as a part of the program,
1180	appropriate coursesa core curriculum and specialized or
1181	advanced module courseworkfor the construction workforce,
1182	including, but not limited to, superintendents and journeymen.
1183	(6)(10)The respective state boards under part XII of
1184	chapter 468, chapters 471, 481, and 489, and the State Fire
1185	Marshal under chapter 633, shall require specialized or advanced
1186	course modules as part of their regular continuing education
1187	requirements.
1188	(7)(11)The Legislature hereby establishes the Office of
1189	Building Code Training Program Administration within the
1190	Institute of Applied Technology in Construction Excellence at
1191	the Florida Community College at Jacksonville. The office is
1192	charged with the following responsibilities as recommended by
1193	the Florida Building Commission and as resources are provided by
1194	the Legislature:
1195	(a) Provide research-to-practice capability for entry-
1196	level construction training development, delivery and quality
1197	assurance, as well as training and competency registry systems
1198	and recruitment initiatives.
1199	(b) Coordinate with the Department of Community Affairs
1200	and the Florida Building Commission to serve as school liaison
1201	to disseminate construction awareness and promotion programs and
1202	materials to schools.
1203	(c) Develop model programs and approaches to construction
1204	career exploration to promote construction careers.
1205	Section 13. Subsection (9) of section 553.842, Florida
1206	Statutes, is amended to read:
1207	553.842 Product evaluation and approval.--
1208	(9) The commission may adopt rules to approve the
1209	following types of entities that produce information on which
1210	product approvals are based. All of the following entities,
1211	including engineers and architects, must comply with a
1212	nationally recognized standard demonstrating independence or no
1213	conflict of interest:
1214	(a) Evaluation entities that meet the criteria for
1215	approval adopted by the commission by rule. The commission shall
1216	specifically approve the National Evaluation Service, the
1217	International Conference of Building Officials Evaluation
1218	Services, the International Code Council Evaluation Services,
1219	the Building Officials and Code Administrators International
1220	Evaluation Services, the Southern Building Code Congress
1221	International Evaluation Services, and the Miami-Dade County
1222	Building Code Compliance Office Product Control. Architects and
1223	engineers licensed in this state are also approved to conduct
1224	product evaluations as provided in subsection (6).
1225	(b) Testing laboratories accredited by national
1226	organizations, such as A2LA and the National Voluntary
1227	Laboratory Accreditation Program, laboratories accredited by
1228	evaluation entities approved under paragraph (a), and
1229	laboratories that comply with other guidelines for testing
1230	laboratories selected by the commission and adopted by rule.
1231	(c) Quality assurance entities approved by evaluation
1232	entities approved under paragraph (a) and by certification
1233	agencies approved under paragraph (d) and other quality
1234	assurance entities that comply with guidelines selected by the
1235	commission and adopted by rule.
1236	(d) Certification agencies accredited by nationally
1237	recognized accreditors and other certification agencies that
1238	comply with guidelines selected by the commission and adopted by
1239	rule.
1240	(e) Validation entities that comply with accreditation
1241	standards established by the commission by rule.
1242	Section 14. Subsection (3) is added to section 633.171,
1243	Florida Statutes, to read:
1244	633.171 Penalty for violation of law, rule, or order to
1245	cease and desist or for failure to comply with corrective
1246	order.--
1247	(3)(a) An owner or operator of an indoor facility may not
1248	knowingly allow the installation of a pyrotechnic device or
1249	fireworks inside his or her facility without a fire-suppression
1250	system or without a copy of a local fire marshal's permit
1251	furnished to the owner or operator by a vendor or licensee who
1252	wishes to install a pyrotechnic device or fireworks inside the
1253	indoor facility.
1254	(b) A vendor or licensee may not install fireworks or a
1255	pyrotechnic device in an indoor facility without a fire-
1256	suppression system unless he or she first obtains a local fire
1257	marshal's permit, furnishes a copy of that permit to the owner
1258	or operator of the indoor facility, and obtains prior written
1259	consent of the owner or operator to install the fireworks or a
1260	pyrotechnic device inside his or her indoor facility.
1261	(c) A person who violates this subsection commits a felony
1262	of the third degree, punishable as provided in s. 775.082, s.
1263	775.083, or s. 775.084.
1264	Section 15. The administrative rule of the Florida
1265	Building Commission for the type of products for local or
1266	statewide use, as authorized by section 553.842, Florida
1267	Statutes, shall take effect no earlier than January 1, 2004. The
1268	commission shall conduct a review of the costs of operation of
1269	this rule and determine the benefits to the health, safety, and
1270	welfare of such state approvals. It shall report the results of
1271	its cost and benefit analysis together with any recommendations
1272	to the 2004 Florida Legislature. Funds may not be expended for
1273	optional state approval without determination of a positive cost
1274	and benefit of such regulation to the public.
1275
1276	================= T I T L E A M E N D M E N T =================
1277
1278	Remove line(s) 124, and insert:
1279	An act relating to the Florida Building Code; amending s.
1280	553.73, F.S.; providing code amendment criteria and review
1281	requirements; amending s. 553.74, F.S.; revising the
1282	appointment of members to the Florida Building Commission;
1283	providing requirements relating to regional emergency
1284	elevator access; requiring elevators in certain newly
1285	constructed or substantially renovated buildings to be
1286	keyed alike within each of the state emergency response
1287	regions; providing for these requirements to be phased in
1288	for certain existing buildings; restricting the
1289	duplication and issuance of master elevator keys;
1290	requiring the labeling of master elevator keys; allowing
1291	local fire marshals to allow substitute emergency measures
1292	for elevator access in certain circumstances; providing
1293	for appeal of the local fire marshal's decision; providing
1294	for the State Fire Marshal to enforce these provisions;
1295	encouraging builders to use applicable new technology to
1296	provide regional emergency elevator access; providing an
1297	exemption; amending s. 553.77, F.S.; revising duties of
1298	the Florida Building Commission; deleting requirements
1299	that the commission hear certain appeals and issue
1300	declaratory statements; creating s. 553.775, F.S.;
1301	providing legislative intent with respect to the
1302	interpretation of the Florida Building Code; providing for
1303	the commission to resolve disputes regarding
1304	interpretations of the code; requiring the commission to
1305	review decisions of local building officials and local
1306	enforcement agencies; providing for publication of an
1307	interpretation on the Building Code Information System and
1308	in the Florida Administrative Weekly; amending s. 553.79,
1309	F.S.; exempting truss placement plans from certain
1310	requirements; amending s. 553.791, F.S.; providing
1311	conditions for use of private plans review and inspection;
1312	requiring a report to the Legislature on the
1313	implementation of this section; amending s. 553.80, F.S.;
1314	authorizing local governments to impose certain fees for
1315	code enforcement; providing requirements and limitations;
1316	authorizing the commission to expedite adoption and
1317	implementation of the existing state building code as part
1318	of the Florida Building Code pursuant to limited
1319	procedures; amending s. 120.80, F.S.; authorizing the
1320	Florida Building Commission to conduct proceedings to
1321	review decisions of local officials; creating the Florida
1322	Construction Council as a nonprofit corporation; requiring
1323	the council to provide administrative, technical, and
1324	code-development services to the Florida Building
1325	Commission; providing for staff for the council to be
1326	provided by Florida State University; providing for a
1327	board of directors; providing terms of office; providing
1328	requirements for operations; providing rulemaking
1329	authority; amending s. 399.106, F.S.; revising the
1330	membership of the Elevator Safety Technical Advisory
1331	Committee; removing provisions terminating the committee;
1332	amending s. 553.841, F.S.; revising the Building Code
1333	Training Program; amending s. 553.842, F.S.; adding an
1334	evaluation entity to the list of entities specifically
1335	approved by the commission; amending s. 633.171, F.S.;
1336	establishing penalties for unauthorized use of fireworks
1337	and pyrotechnic devices; directing the Florida Building
1338	Commission to make certain reports and recommendations to
1339	the Legislature; providing