Senate Bill sb0672c3
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Florida Senate - 2004 CS for CS for CS for SB's 672 & 680
By the Committees on Comprehensive Planning; Banking and
Insurance; Regulated Industries; and Senators Constantine and
Smith
316-2028-04
1 A bill to be entitled
2 An act relating to emergency elevator access;
3 providing requirements relating to regional
4 emergency elevator access; requiring elevators
5 in certain newly constructed or certain
6 substantially improved buildings to be keyed
7 alike within each of the state emergency
8 response regions; providing for these
9 requirements to be phased in for certain
10 existing buildings; restricting the duplication
11 and issuance of master elevator keys; requiring
12 the labeling of master elevator keys; allowing
13 local fire marshals to allow substitute
14 emergency measures for elevator access in
15 certain circumstances; providing for appeal of
16 the local fire marshal's decision; providing
17 for the State Fire Marshal to enforce the act;
18 encouraging builders to use applicable new
19 technology to provide regional emergency
20 elevator access; providing penalties for
21 violations; authorizing the Department of
22 Financial Services to adopt rules; amending s.
23 399.03, F.S.; providing for waiver of a permit
24 under certain circumstances; creating s.
25 399.1061, F.S.; creating the Elevator Safety
26 Technical Advisory Council within the Division
27 of Hotels and Restaurants of the Department of
28 Business and Professional Regulation; providing
29 for the membership of the council; requiring
30 the council to provide technical assistance to
31 the division; providing for appointments and
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Florida Senate - 2004 CS for CS for CS for SB's 672 & 680
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1 terms of office; providing for payment of per
2 diem and travel expenses; amending s. 399.13,
3 F.S.; authorizing a county or municipality to
4 assess a reasonable fee for inspections
5 performed by its inspectors; requiring counties
6 to enforce the Florida Building Code as it
7 relates to elevators; authorizing a county to
8 impose certain fees and fines; prohibiting a
9 county or municipality from taking disciplinary
10 action against certain certifications or
11 registrations; authorizing the Department of
12 Business and Professional Regulation to
13 initiate disciplinary action against a
14 registration or certification at the request of
15 a county or municipality; repealing s. 399.106,
16 F.S., relating to the former Elevator Safety
17 Technical Advisory Committee; providing a
18 finding of important state interest; providing
19 effective dates.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. Regional emergency elevator access.--
24 (1) In order to provide emergency access to elevators:
25 (a) For each building in this state which is six or
26 more stories in height, including, but not limited to, hotels
27 and condominiums, on which construction is begun after June
28 30, 2004, all of the keys for elevators that allow public
29 access, including, but not limited to, service and freight
30 elevators, must be keyed so as to allow all elevators within
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Florida Senate - 2004 CS for CS for CS for SB's 672 & 680
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1 each of the seven state emergency response regions to operate
2 in fire emergency situations with one master elevator key.
3 (b) Any building in this state which is six or more
4 stories in height and has undergone "substantial improvement"
5 as defined in section 161.54(12), Florida Statutes, must also
6 comply with paragraph (a).
7 (2) Each existing building in this state which is six
8 or more stories in height must comply with subsection (1)
9 before July 1, 2007.
10 (3) In addition to elevator owners, owner's agents,
11 elevator contractors, state-certified inspectors, and state
12 agency representatives, master elevator keys may be issued
13 only to the fire department and may not be issued to any other
14 emergency response agency. A person may not duplicate a master
15 elevator key for issuance to, or issue such a key to, anyone
16 other than authorized fire department personnel. Each master
17 elevator key must be marked "DO NOT DUPLICATE."
18 (4) If it is technically, financially, or physically
19 impossible to bring a building into compliance with this
20 section, the local fire marshal may allow substitute emergency
21 measures that will provide reasonable emergency elevator
22 access. The local fire marshal's decision regarding substitute
23 measures may be appealed to the State Fire Marshal.
24 (5) The Division of State Fire Marshal of the
25 Department of Financial Services shall enforce this section.
26 Any person who fails to comply with the requirements of this
27 section is subject to an administrative fine of not more than
28 $1,000, in addition to any other penalty provided by law. All
29 administrative fines shall be deposited into the Insurance
30 Regulatory Trust Fund.
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Florida Senate - 2004 CS for CS for CS for SB's 672 & 680
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1 (6) Builders should make every effort to use new
2 technology and developments in keying systems which make it
3 possible to convert existing equipment so as to provide
4 efficient regional emergency elevator access.
5 (7) The Department of Financial Services shall adopt
6 rules to implement this section, including rules to determine
7 the master elevator key to be used within each of the
8 emergency response regions.
9 Section 2. Subsection (1) of section 399.03, Florida
10 Statutes, is amended to read:
11 399.03 Design, installation, and alteration of
12 conveyances.--
13 (1) A conveyance covered by this chapter may not be
14 erected, constructed, installed, or altered within buildings
15 or structures until a permit has been obtained from the
16 department. Permits must be applied for by a registered
17 elevator company and may only be granted upon receipt and
18 approval of an application to be made on a form prescribed by
19 the department, accompanied by proper fees and a sworn
20 statement from an agent of the registered elevator company
21 that the plans meet all applicable elevator safety and
22 building codes. Permits may be granted only to registered
23 elevator companies in good standing. When any material
24 alteration is made, the alteration must conform to applicable
25 requirements of the Florida Building Code and the provisions
26 of this chapter. A copy of the permit and plans must be kept
27 at the construction site at all times while the work is in
28 progress and until a certificate of operation is issued. A
29 permit shall not be required for construction or repair of
30 elevators in seeking to attain compliance with emergency
31 elevator access requirements. Elevator owners shall forward to
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Florida Senate - 2004 CS for CS for CS for SB's 672 & 680
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1 the department, in an electronic format approved by the
2 department, an emergency access notification that compliance
3 measures are either not required or are being implemented. The
4 emergency access notification must also contain specific
5 compliance information, including the current compliance
6 status, specific measures required to attain compliance, and
7 certification by a state-certified inspector. Fees may not be
8 assessed for the filing of the emergency access notification.
9 The department shall maintain an emergency elevator access
10 registry that is available to the State Fire Marshal of the
11 Department of Financial Services for enforcement purposes. The
12 Department of Business and Professional Regulation shall adopt
13 rules to administer this section.
14 Section 3. Section 399.1061, Florida Statutes, is
15 created to read:
16 399.1061 Elevator Safety Technical Advisory Council.--
17 (1) The Elevator Safety Technical Advisory Council is
18 created within the division and shall consist of eight members
19 appointed by the secretary of the department who meet the
20 following criteria: one representative from a major elevator
21 manufacturing company or its authorized representative; one
22 representative from an elevator servicing company; one
23 representative from a building design profession; one
24 representative of the general public; one representative of a
25 local government in this state; one representative of a
26 building owner or manager; one representative of labor
27 involved in the installation, maintenance, and repair of
28 elevators; and one representative who is a certified elevator
29 inspector from a private inspection service. The council shall
30 provide technical assistance to the division in support of
31 protecting the health, safety, and welfare of the public and
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Florida Senate - 2004 CS for CS for CS for SB's 672 & 680
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1 shall give the division the benefit of the council members'
2 knowledge and experience concerning the industries and
3 individual businesses affected by the laws and rules
4 administered by the division.
5 (2)(a) The council members shall serve 4-year terms,
6 except that to provide for staggered terms four of the initial
7 appointees, as specified by rule, shall serve 2-year terms.
8 All subsequent appointments shall be for 4-year terms. The
9 council shall appoint one of the members to serve as chair.
10 (b) The council members shall serve without
11 compensation, except that the members may be reimbursed for
12 per diem and travel expenses as provided in s. 112.061.
13 (3) The council may consult with engineering
14 authorities and organizations concerned with standard safety
15 codes for recommendations to the department regarding rules
16 for the operation, maintenance, servicing, construction,
17 alteration, installation, or inspection of vertical
18 conveyances subject to this chapter.
19 Section 4. Section 399.13, Florida Statutes, is
20 amended to read:
21 399.13 Delegation of authority to municipalities or
22 counties.--
23 (1) The department may enter into contracts with
24 municipalities or counties under which the such municipalities
25 or counties will issue construction permits and certificates
26 of operation; will provide for inspection of elevators,
27 including temporary operation inspections; and will enforce
28 the applicable provisions of the Florida Building Code, as
29 required by this chapter. The municipality or county may
30 choose to require inspections to be performed by its own
31 inspectors or by private certified elevator inspectors. The
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Florida Senate - 2004 CS for CS for CS for SB's 672 & 680
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1 municipality or county may assess a reasonable fee for
2 inspections performed by its inspectors. Each such agreement
3 shall include a provision that the municipality or county
4 shall maintain for inspection by the department copies of all
5 applications for permits issued, a copy of each inspection
6 report issued, and proper records showing the number of
7 certificates of operation issued; shall include a provision
8 that each required inspection be conducted by a certified
9 elevator inspector; and may include such other provisions as
10 the department deems necessary. The county shall enforce the
11 Florida Building Code as it applies to this chapter and may
12 impose fees and assess and collect fines as part of its
13 enforcement activities. A county or municipality may not issue
14 or take disciplinary action against a certificate of
15 competency, an elevator inspector certification, an elevator
16 technician certification, or an elevator company registration.
17 However, the department may initiate disciplinary action
18 against a registration or certification at the request of a
19 county or municipality.
20 (2) The department may make inspections of elevators
21 in the such municipality or county for the purpose of
22 determining that the provisions of this chapter are being met
23 and may cancel the contract with any municipality or county
24 that which the department finds has failed to comply with the
25 such contract or the provisions of this chapter. The
26 amendments to chapter 399 by this act shall apply only to the
27 installation, relocation, or alteration of an elevator for
28 which a permit has been issued after October 1, 1990.
29 Section 5. Section 399.106, Florida Statutes, is
30 repealed.
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Florida Senate - 2004 CS for CS for CS for SB's 672 & 680
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1 Section 6. The Legislature finds that the provisions
2 of this act fulfill an important state interest.
3 Section 7. This act shall take effect upon becoming a
4 law, except that section 1 of this act, which provides for
5 regional emergency elevator access, shall take effect October
6 1, 2004.
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8 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
9 CS for CS for SB's 672 and 680
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11 The CS differs from the bill as filed in that it:
12 -Exempts elevator owners from the DBPR
permitting requirements when keying or
13 retrofitting elevators with master keys;
-Corrects technical deficiencies in the
14 provision reinstating the Elevator Safety
Technical Advisory Committee, re-designating
15 the committee as a council and authorizing the
governor to re-appoint council members;
16 -Amends s. 399.13(1), F.S., to clarify that
cities or counties may asses a reasonable fee
17 when their inspectors perform elevator
inspections;
18 -Changes the penalty provisions, from criminal
to administrative, for violations of the
19 requirements relating to emergency elevator
access; and
20 -Includes a statement of "important state
interest" to ensure compliance with the
21 constitutional mandates restriction.
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