Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 1470
                        Barcode 695258
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Regulated Industries (Haridopolos)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (i) of subsection (1) of section
19  468.621, Florida Statutes, is amended to read:
20         468.621  Disciplinary proceedings.--
21         (1)  The following acts constitute grounds for which
22  the disciplinary actions in subsection (2) may be taken:
23         (i)  Failing to lawfully execute the duties and
24  responsibilities specified in this part and ss. 553.73,
25  553.781, and 553.79, and 553.791.
26         Section 2.  Paragraph (f) of subsection (1),
27  subsections (2) and (4), paragraph (a) of subsection (6), and
28  subsections (7), (9), (11), (12), (14), (15), and (17) of
29  section 553.791, Florida Statutes, are amended to read:
30         553.791  Alternative plans review and inspection.--
31         (1)  As used in this section, the term:
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Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 695258 1 (f) "Permit application" means a properly completed 2 and submitted application for: 3 1. the requested building or construction permit, 4 including:. 5 1.2. The plans reviewed by the private provider. 6 2.3. The affidavit from the private provider required 7 pursuant to subsection (5). 8 3.4. Any applicable fees. 9 4.5. Any documents required by the local building 10 official to determine that the fee owner has secured all other 11 government approvals required by law. 12 (2) Notwithstanding any other provision of law or 13 local government ordinance or local policy, the fee owner of a 14 building or structure, or the fee owner's contractor upon 15 written authorization from the fee owner, may choose to use a 16 private provider to provide building code inspection services 17 with regard to such building or structure and may make payment 18 directly to the private provider for the provision of such 19 services. All such services shall be the subject of a written 20 contract between the private provider, or the private 21 provider's firm, and the fee owner. The fee owner may elect to 22 use a private provider to provide either plans review or 23 required building inspections, or both. However, if the fee 24 owner or the fee owner's contractor uses a private provider to 25 provide the plans review, the local building official, in his 26 or her discretion and pursuant to duly adopted policies of the 27 local enforcement agency, may require the fee owner or the fee 28 owner's contractor who desires to use a private provider to 29 use the private provider to provide both plans review and 30 required building inspection services. 31 (4) A fee owner or the fee owner's contractor using a 2 11:29 AM 04/13/05 s1470d-ri26-c7t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 695258 1 private provider to provide building code inspection services 2 shall notify the local building official at the time of permit 3 application, or no less than 7 business days prior to the 4 first scheduled inspection by the local building official or 5 building code enforcement agency for a private provider 6 performing required inspections of construction under this 7 section, on a form to be adopted by the commission. This 8 notice shall include the following information: 9 (a) The services to be performed by the private 10 provider. 11 (b) The name, firm, address, telephone number, and 12 facsimile number of each private provider who is performing or 13 will perform such services, his or her professional license or 14 certification number, qualification statements or resumes, 15 and, if required by the local building official, a certificate 16 of insurance demonstrating that professional liability 17 insurance coverage is in place for the private provider's 18 firm, the private provider, and any duly authorized 19 representative in the amounts required by this section. 20 (c) An acknowledgment from the fee owner in 21 substantially the following form: 22 23 I have elected to use one or more private providers to provide 24 building code plans review and/or inspection services on the 25 building or structure that is the subject of the enclosed 26 permit application, as authorized by s. 553.791, Florida 27 Statutes. I understand that the local building official may 28 not review the plans submitted or perform the required 29 building inspections to determine compliance with the 30 applicable codes, except to the extent specified in said law. 31 Instead, plans review and/or required building inspections 3 11:29 AM 04/13/05 s1470d-ri26-c7t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 695258 1 will be performed by licensed or certified personnel 2 identified in the application. The law requires minimum 3 insurance requirements for such personnel, but I understand 4 that I may require more insurance to protect my interests. By 5 executing this form, I acknowledge that I have made inquiry 6 regarding the competence of the licensed or certified 7 personnel and the level of their insurance and am satisfied 8 that my interests are adequately protected. I agree to 9 indemnify, defend, and hold harmless the local government, the 10 local building official, and their building code enforcement 11 personnel from any and all claims arising from my use of these 12 licensed or certified personnel to perform building code 13 inspection services with respect to the building that is the 14 subject of the enclosed permit application. 15 16 If the fee owner or the fee owner's contractor makes any 17 changes to the listed private providers or the services to be 18 provided by those private providers, the fee owner or the fee 19 owner's contractor shall, within 1 business day after any 20 change, update the notice to reflect such changes. In 21 addition, the fee owner or the fee owner's contractor shall 22 post at the project site, prior to the commencement of 23 construction and updated within 1 business day after any 24 change, on a form to be adopted by the commission, the name, 25 firm, address, telephone number, and facsimile number of each 26 private provider who is performing or will perform building 27 code inspection services, the type of service being performed, 28 and similar information for the primary contact of the private 29 provider on the project. 30 (6)(a) No more than Within 30 business days after 31 receipt of a permit application and the affidavit from the 4 11:29 AM 04/13/05 s1470d-ri26-c7t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 695258 1 private provider required pursuant to subsection (5), the 2 local building official shall issue the requested permit or 3 provide a written notice to the permit applicant identifying 4 the specific plan features that do not comply with the 5 applicable codes, as well as the specific code chapters and 6 sections. If the local building official does not provide a 7 written notice of the plan deficiencies within the prescribed 8 30-day period, the permit application shall be deemed approved 9 as a matter of law, and the permit shall be issued by the 10 local building official on the next business day. 11 (7) A private provider performing required inspections 12 under this section shall inspect each phase of construction as 13 required by the applicable codes. The private provider shall 14 be permitted to send a duly authorized representative to the 15 building site to perform the required inspections, provided 16 all required reports and certifications are prepared by and 17 bear the signature of the private provider. The duly 18 authorized representative must be an employee of the private 19 provider entitled to receive unemployment compensation 20 benefits under chapter 443. The contractor's contractual or 21 legal obligations are not relieved by any action of the 22 private provider. 23 (9) Upon completing the required inspections at each 24 applicable phase of construction, the private provider shall 25 record such inspections on a form acceptable to the local 26 building official. These inspection records shall reflect 27 those inspections required by the applicable codes of each 28 phase of construction for which permitting by a local 29 enforcement agency is required. The private provider, before 30 leaving the project site, shall post each completed inspection 31 record, indicating pass or fail, at the site and provide the 5 11:29 AM 04/13/05 s1470d-ri26-c7t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 695258 1 record to the local building official within 2 business days. 2 The local building official may waive the requirement to 3 provide a record of each inspection within 2 business days if 4 the record is posted at the project site and all such 5 inspection records are submitted with the certificate of 6 compliance. Records of all required and completed inspections 7 shall be maintained at the building site at all times and made 8 available for review by the local building official. The 9 private provider shall report to the local enforcement agency 10 any condition that poses an immediate threat to public safety 11 and welfare. 12 (11) No more than Within 2 business days after receipt 13 of a request for a certificate of occupancy or certificate of 14 completion and the applicant's presentation of a certificate 15 of compliance and approval of all other government approvals 16 required by law, the local building official shall issue the 17 certificate of occupancy or certificate of completion or 18 provide a notice to the applicant identifying the specific 19 deficiencies, as well as the specific code chapters and 20 sections. If the local building official does not provide 21 notice of the deficiencies within the prescribed 2-day period, 22 the request for a certificate of occupancy or certificate of 23 completion shall be deemed granted and the certificate of 24 occupancy or certificate of completion shall be issued by the 25 local building official on the next business day. To resolve 26 any identified deficiencies, the applicant may elect to 27 dispute the deficiencies pursuant to subsection (12) or to 28 submit a corrected request for a certificate of occupancy or 29 certificate of completion. 30 (12) If the local building official determines that 31 the building construction or plans do not comply with the 6 11:29 AM 04/13/05 s1470d-ri26-c7t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 695258 1 applicable codes, the official may deny the permit or request 2 for a certificate of occupancy or certificate of completion, 3 as appropriate, or may issue a stop-work order for the project 4 or any portion thereof as provided by law, if the official 5 determines that such noncompliance poses a threat to public 6 safety and welfare, subject to the following: 7 (a) The local building official shall be available to 8 meet with the private provider within 2 business days to 9 resolve any dispute after issuing a stop-work order or 10 providing notice to the applicant denying a permit or request 11 for a certificate of occupancy or certificate of completion. 12 (b) If the local building official and private 13 provider are unable to resolve the dispute, the matter shall 14 be referred to the local enforcement agency's board of 15 appeals, if one exists, which shall consider the matter at its 16 next scheduled meeting or sooner. Any decisions by the local 17 enforcement agency's board of appeals, or local building 18 official if there is no board of appeals, may be appealed to 19 the commission as provided by this chapter pursuant to s. 20 553.77(1)(h). 21 (c) Notwithstanding any provision of this section, any 22 decisions regarding the issuance of a building permit, 23 certificate of occupancy, or certificate of completion may be 24 reviewed by the local enforcement agency's board of appeals, 25 if one exists. Any decision by the local enforcement agency's 26 board of appeals, or local building official if there is no 27 board of appeals, may be appealed to the commission as 28 provided by this chapter pursuant to s. 553.77(1)(h), and the 29 commission which shall consider the matter at its the 30 commission's next scheduled meeting. 31 (14)(a) No local enforcement agency, local building 7 11:29 AM 04/13/05 s1470d-ri26-c7t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 695258 1 official, or local government may adopt or enforce any laws, 2 rules, procedures, policies, qualifications, or standards more 3 stringent than those prescribed by this section. 4 (b) A local enforcement agency, local building 5 official, or local government may establish, for private 6 providers and duly authorized representatives working within 7 that jurisdiction, a system of registration to verify 8 compliance with the licensure requirements of paragraph (1)(g) 9 and the insurance requirements of subsection (15). 10 (c) This section does not limit the authority of the 11 local building official to issue a stop-work order for a 12 building project or any portion of such project, as provided 13 by law, if the official determines that a condition on the 14 building site constitutes an immediate threat to public safety 15 and welfare. 16 (15) A private provider may perform building code 17 inspection services on a building project under this section 18 only if the private provider maintains insurance for 19 professional and comprehensive general liability covering with 20 minimum policy limits of $1 million per occurrence relating to 21 all services performed as a private provider. The insurance 22 shall have minimum policy limits of $1 million per occurrence 23 and $2 million in the aggregate for any project having a 24 construction cost of $5 million or less and $2 million per 25 occurrence and $4 million in the aggregate for any project 26 having a construction cost of over $5 million. This section 27 does not limit the ability of the fee owner to require 28 additional insurance or higher policy limits. For these 29 purposes, the term "construction cost" means the total cost of 30 building construction as stated in the building permit 31 application. If the private provider chooses to secure 8 11:29 AM 04/13/05 s1470d-ri26-c7t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 695258 1 claims-made coverage to fulfill this requirement, the private 2 provider must also maintain, including tail coverage for a 3 minimum of 5 years subsequent to the performance of building 4 code inspection services. The insurance required under this 5 subsection may be written only by an insurer that is 6 authorized to do business in this state and has a minimum A.M. 7 Best's rating of "A." Before providing building code 8 inspection services within a local building official's 9 jurisdiction, a private provider must provide to the local 10 building official a certificate of insurance evidencing that 11 the coverages required under this subsection are in force. 12 (17) Each local building code enforcement agency may 13 shall develop and maintain a process to audit the performance 14 of building code inspection services by private providers 15 operating within the local jurisdiction. Work on a building or 16 structure may proceed after inspection and approval by a 17 private provider if the provider has given notice of the 18 inspection pursuant to subsection (8). Subsequent to such 19 inspection and approval, the work may not be delayed for 20 completion of an inspection audit by the local building code 21 enforcement agency. 22 Section 3. This act shall take effect October 1, 2005. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 Delete everything before the enacting clause 28 29 and insert: 30 amending s. 468.621, F.S.; revising a ground 31 for which disciplinary action may be taken 9 11:29 AM 04/13/05 s1470d-ri26-c7t
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 1470 Barcode 695258 1 against building code enforcement officials; 2 amending s. 553.791, F.S.; clarifying a 3 definition; expanding authorization to use 4 private providers to provide building code 5 inspection services; including fee owner 6 contractors within such authorization; revising 7 notice requirements for using private 8 providers; revising procedures for issuing 9 permits; providing requirements for 10 representatives of private providers; providing 11 for waiver of certain inspection records 12 requirements under certain circumstances; 13 requiring that issuance of stop-work orders be 14 pursuant to law; providing for establishment of 15 a registration system for private providers and 16 authorized representatives of private providers 17 for licensure compliance purposes; preserving 18 authority to issue emergency stop-work orders; 19 revising insurance requirements for private 20 providers; specifying conditions for proceeding 21 with building work; providing an effective 22 date. 23 24 25 26 27 28 29 30 31 10 11:29 AM 04/13/05 s1470d-ri26-c7t