Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2100
       
       
       
       
       
       
                                Barcode 771682                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/24/2009           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (6) of section 399.02, Florida
    6  Statutes, is amended to read:
    7         399.02 General requirements.—
    8         (6) The department is empowered to carry out all of the
    9  provisions of this chapter relating to the inspection and
   10  regulation of elevators and to enforce the provisions of the
   11  Florida Building Code, except that updates to the code requiring
   12  modifications for heat sensors and electronic controls on
   13  existing elevators, as amended into the Safety Code for Existing
   14  Elevators and Escalators, ANSI/ASME A17.1 and A17.3, may not be
   15  enforced on elevators in condominiums issued a certificate of
   16  operation by the department as of July 1, 2008, until such time
   17  as the elevator is replaced. This exception does not apply to
   18  any building for which a building permit was issued after July
   19  1, 2008.
   20         Section 2. Present subsection (7) of section 399.15,
   21  Florida Statutes, is redesignated as subsection (8), and a new
   22  subsection (7) is added to that section, to read:
   23         399.15 Regional emergency elevator access.—
   24         (7)As an alternative to complying with the requirements of
   25  subsection (1), each building in this state which is required to
   26  meet the provisions of subsections (1) and (2), may instead
   27  provide for the installation of a uniform lock box that contains
   28  the keys to all elevators in the building which allow public
   29  access, including service and freight elevators. The uniform
   30  lock box must be keyed so as to allow all uniform lock boxes in
   31  each of the seven state emergency response regions to operate in
   32  fire emergency situations with one master key. The uniform lock
   33  box master key may be issued only to the fire department. The
   34  Division of State Fire Marshal of the Department of Financial
   35  Services shall enforce this subsection. The Department of
   36  Financial Services shall select the provider of the uniform lock
   37  box to be installed in each building in which this subsection is
   38  implemented.
   39         Section 3. Paragraph (a) of subsection (6) of section
   40  627.351, Florida Statutes, is amended to read:
   41         627.351 Insurance risk apportionment plans.—
   42         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
   43         (a)1. It is the public purpose of this subsection to ensure
   44  the existence of an orderly market for property insurance for
   45  Floridians and Florida businesses. The Legislature finds that
   46  private insurers are unwilling or unable to provide affordable
   47  property insurance coverage in this state to the extent sought
   48  and needed. The absence of affordable property insurance
   49  threatens the public health, safety, and welfare and likewise
   50  threatens the economic health of the state. The state therefore
   51  has a compelling public interest and a public purpose to assist
   52  in assuring that property in the state is insured and that it is
   53  insured at affordable rates so as to facilitate the remediation,
   54  reconstruction, and replacement of damaged or destroyed property
   55  in order to reduce or avoid the negative effects otherwise
   56  resulting to the public health, safety, and welfare, to the
   57  economy of the state, and to the revenues of the state and local
   58  governments which are needed to provide for the public welfare.
   59  It is necessary, therefore, to provide affordable property
   60  insurance to applicants who are in good faith entitled to
   61  procure insurance through the voluntary market but are unable to
   62  do so. The Legislature intends by this subsection that
   63  affordable property insurance be provided and that it continue
   64  to be provided, as long as necessary, through Citizens Property
   65  Insurance Corporation, a government entity that is an integral
   66  part of the state, and that is not a private insurance company.
   67  To that end, Citizens Property Insurance Corporation shall
   68  strive to increase the availability of affordable property
   69  insurance in this state, while achieving efficiencies and
   70  economies, and while providing service to policyholders,
   71  applicants, and agents which is no less than the quality
   72  generally provided in the voluntary market, for the achievement
   73  of the foregoing public purposes. Because it is essential for
   74  this government entity to have the maximum financial resources
   75  to pay claims following a catastrophic hurricane, it is the
   76  intent of the Legislature that Citizens Property Insurance
   77  Corporation continue to be an integral part of the state and
   78  that the income of the corporation be exempt from federal income
   79  taxation and that interest on the debt obligations issued by the
   80  corporation be exempt from federal income taxation.
   81         2. The Residential Property and Casualty Joint Underwriting
   82  Association originally created by this statute shall be known,
   83  as of July 1, 2002, as the Citizens Property Insurance
   84  Corporation. The corporation shall provide insurance for
   85  residential and commercial property, for applicants who are in
   86  good faith entitled, but are unable, to procure insurance
   87  through the voluntary market. The corporation shall operate
   88  pursuant to a plan of operation approved by order of the
   89  Financial Services Commission. The plan is subject to continuous
   90  review by the commission. The commission may, by order, withdraw
   91  approval of all or part of a plan if the commission determines
   92  that conditions have changed since approval was granted and that
   93  the purposes of the plan require changes in the plan. The
   94  corporation shall continue to operate pursuant to the plan of
   95  operation approved by the Office of Insurance Regulation until
   96  October 1, 2006. For the purposes of this subsection,
   97  residential coverage includes both personal lines residential
   98  coverage, which consists of the type of coverage provided by
   99  homeowner’s, mobile home owner’s, dwelling, tenant’s,
  100  condominium unit owner’s, and similar policies, and commercial
  101  lines residential coverage, which consists of the type of
  102  coverage provided by condominium association, apartment
  103  building, and similar policies.
  104         3. Effective January 1, 2009, a personal lines residential
  105  structure that has a dwelling replacement cost of $2 million or
  106  more, or a single condominium unit that has a combined dwelling
  107  and content replacement cost of $2 million or more is not
  108  eligible for coverage by the corporation. Such dwellings insured
  109  by the corporation on December 31, 2008, may continue to be
  110  covered by the corporation until the end of the policy term.
  111  However, such dwellings that are insured by the corporation and
  112  become ineligible for coverage due to the provisions of this
  113  subparagraph may reapply and obtain coverage if the property
  114  owner provides the corporation with a sworn affidavit from one
  115  or more insurance agents, on a form provided by the corporation,
  116  stating that the agents have made their best efforts to obtain
  117  coverage and that the property has been rejected for coverage by
  118  at least one authorized insurer and at least three surplus lines
  119  insurers. If such conditions are met, the dwelling may be
  120  insured by the corporation for up to 3 years, after which time
  121  the dwelling is ineligible for coverage. The office shall
  122  approve the method used by the corporation for valuing the
  123  dwelling replacement cost for the purposes of this subparagraph.
  124  If a policyholder is insured by the corporation prior to being
  125  determined to be ineligible pursuant to this subparagraph and
  126  such policyholder files a lawsuit challenging the determination,
  127  the policyholder may remain insured by the corporation until the
  128  conclusion of the litigation.
  129         4. It is the intent of the Legislature that policyholders,
  130  applicants, and agents of the corporation receive service and
  131  treatment of the highest possible level but never less than that
  132  generally provided in the voluntary market. It also is intended
  133  that the corporation be held to service standards no less than
  134  those applied to insurers in the voluntary market by the office
  135  with respect to responsiveness, timeliness, customer courtesy,
  136  and overall dealings with policyholders, applicants, or agents
  137  of the corporation.
  138         5. Effective January 1, 2009, a personal lines residential
  139  structure that is located in the “wind-borne debris region,” as
  140  defined in s. 1609.2, International Building Code (2006), and
  141  that has an insured value on the structure of $750,000 or more
  142  is not eligible for coverage by the corporation unless the
  143  structure has opening protections as required under the Florida
  144  Building Code for a newly constructed residential structure in
  145  that area. A residential structure shall be deemed to comply
  146  with the requirements of this subparagraph if it has shutters or
  147  opening protections on all openings and if such opening
  148  protections complied with the Florida Building Code at the time
  149  they were installed. Effective January 1, 2010, for personal
  150  lines residential property insured by the corporation that is
  151  located in the wind-borne debris region and has an insured value
  152  on the structure of $500,000 or more, a prospective purchaser of
  153  any such residential property must be provided by the seller a
  154  written disclosure that contains the structure’s windstorm
  155  mitigation rating based on the uniform home grading scale
  156  adopted under s. 215.55865. Such rating shall be provided to the
  157  purchaser at or before the time the purchaser executes a
  158  contract for sale and purchase.
  159         Section 4. Subsection (6) of section 718.113, Florida
  160  Statutes, is repealed.
  161         Section 5. Subsection (12) is added to section 553.37,
  162  Florida Statutes, and subsections (1), (2), (8), and (9) of that
  163  section are amended to read:
  164         553.37 Rules; inspections; and insignia.—
  165         (1) The Florida Building Commission shall adopt within the
  166  Florida Building Code requirements for construction or
  167  modification of manufactured buildings and building modules, to
  168  address:
  169         (a) Submittal to and approval by the department of
  170  manufacturers’ drawings and specifications, including any
  171  amendments.
  172         (b) Submittal to and approval by the department of
  173  manufacturers’ internal quality control procedures and manuals,
  174  including any amendments.
  175         (c)Minimum inspection criteria.
  176         (2) The department shall adopt rules to address:
  177         (a) Procedures and qualifications for approval of third
  178  party plan review and inspection agencies and of those who
  179  perform inspections and plan reviews.
  180         (b) Investigation of consumer complaints of noncompliance
  181  of manufactured buildings with the Florida Building Code and the
  182  Florida Fire Prevention Code.
  183         (c)Inspection criteria applicable to manufactured
  184  buildings which are consistent with the requirements of s.
  185  553.73(4)(a), and which account for the repetitive nature of the
  186  manufacturing activity, observed violations of the Florida
  187  Building Code, or deviations from applicable rules with varying
  188  frequency or applicability of particular inspection.
  189         (d)(c) Issuance, cancellation, and revocation of any
  190  insignia issued by the department and procedures for auditing
  191  and accounting for disposition of them.
  192         (e)(d) Monitoring the manufacturers’, inspection agencies’,
  193  and plan review agencies’ compliance with this part and the
  194  Florida Building Code. Monitoring may include, but is not
  195  limited to, performing audits of plans, inspections of
  196  manufacturing facilities and observation of the manufacturing
  197  and inspection process, and onsite inspections of buildings.
  198         (f)(e) The performance by the department and its designees
  199  and contractors of any other functions required by this part.
  200         (8) The department, by rule, shall establish a schedule of
  201  fees to pay the cost of the administration and enforcement of
  202  this part. The rule may provide for manufacturers to pay fees to
  203  the administrator directly, including charges incurred for plans
  204  review and inspection services, via the Building Code
  205  Information System (BCIS) and for the administrator to disburse
  206  the funds as necessary.
  207         (9) The department may delegate its enforcement authority
  208  to a state department having building construction
  209  responsibilities or a local government, and may enter into
  210  contracts for the performance of its administrative duties under
  211  this part. The department may delegate its plan review and
  212  inspection authority to one or more of the following in any
  213  combination:
  214         (a) A state department having building construction
  215  responsibilities;
  216         (b) A local government;
  217         (c) An approved inspection agency;
  218         (d) An approved plan review agency; or
  219         (e) An agency of another state.
  220         (12)Custom or one-of-a kind prototype manufactured
  221  buildings are not required to have state approval but must
  222  comply with all local requirements of the governmental agency
  223  having jurisdiction at the installation site.
  224         Section 6. Section 553.375, Florida Statutes, is amended to
  225  read:
  226         553.375 Recertification of manufactured buildings.—Prior to
  227  the relocation to a site with a higher design wind speed,
  228  modification, or change of occupancy of a manufactured building
  229  within the state, the manufacturer, dealer, or owner thereof may
  230  apply to the department for recertification of that manufactured
  231  building. The department shall, by rule, provide what
  232  information the applicant must submit for recertification and
  233  for plan review and inspection of such manufactured buildings
  234  and shall establish fees for recertification. Upon a
  235  determination by the department that the manufactured building
  236  complies with the applicable building codes, the department
  237  shall issue a recertification insignia. A manufactured building
  238  that bears recertification insignia does not require any
  239  additional approval by an enforcement jurisdiction in which the
  240  building is sold or installed, and is considered to comply with
  241  all applicable codes. As an alternative to recertification by
  242  the department, the manufacturer, dealer, or owner of a
  243  manufactured building may seek appropriate permitting and a
  244  certificate of occupancy from the local jurisdiction in
  245  accordance with procedures generally applicable under the
  246  Florida Building Code.
  247         Section 7. Subsection (14) is added to section 553.73,
  248  Florida Statutes, and subsections (7), (8), and (9) of that
  249  section are amended to read:
  250         553.73 Florida Building Code.—
  251         (7) Notwithstanding the provisions of subsection (3) or
  252  subsection (6), the commission may address issues identified in
  253  this subsection by amending the code pursuant only to the rule
  254  adoption procedures contained in chapter 120. Provisions of the
  255  Florida Building Code, including those contained in referenced
  256  standards and criteria, relating to wind resistance or the
  257  prevention of water intrusion may not be amended pursuant to
  258  this subsection to diminish those construction requirements;
  259  however, the commission may, subject to conditions in this
  260  subsection, amend the provisions to enhance those construction
  261  requirements. Following the approval of any amendments to the
  262  Florida Building Code by the commission and publication of the
  263  amendments on the commission’s website, authorities having
  264  jurisdiction to enforce the Florida Building Code may enforce
  265  the amendments. The commission may approve amendments that are
  266  needed to address:
  267         (a) Conflicts within the updated code;
  268         (b) Conflicts between the updated code and the Florida Fire
  269  Prevention Code adopted pursuant to chapter 633;
  270         (c) The omission of previously adopted Florida-specific
  271  amendments to the updated code if such omission is not supported
  272  by a specific recommendation of a technical advisory committee
  273  or particular action by the commission;
  274         (d) Unintended results from the integration of previously
  275  adopted Florida-specific amendments with the model code;
  276         (e)Equivalency of standards;
  277         (f)(e) Changes to federal or state law; or
  278         (g)(f) Adoption of an updated edition of the National
  279  Electrical Code if the commission finds that delay of
  280  implementing the updated edition causes undue hardship to
  281  stakeholders or otherwise threatens the public health, safety,
  282  and welfare.
  283         (8)(a) The commission may approve technical amendments to
  284  the Florida Building Code once each year for statewide or
  285  regional application upon a finding that the amendment:
  286         1. Is needed in order to accommodate the specific needs of
  287  this state.
  288         2. Has a reasonable and substantial connection with the
  289  health, safety, and welfare of the general public.
  290         3. Strengthens or improves the Florida Building Code, or in
  291  the case of innovation or new technology, will provide
  292  equivalent or better products or methods or systems of
  293  construction.
  294         4. Does not discriminate against materials, products,
  295  methods, or systems of construction of demonstrated
  296  capabilities.
  297         5. Does not degrade the effectiveness of the Florida
  298  Building Code.
  299         6.Is necessary to accommodate the specific needs of the
  300  Agency for Health Care Administration when agency rules must be
  301  updated to reflect federal requirements relating to a hospital,
  302  an inpatient hospice facility, or a nursing home facility
  303  licensed by the agency.
  304  
  305  Furthermore, the Florida Building Commission may approve
  306  technical amendments to the code once each year to incorporate
  307  into the Florida Building Code its own interpretations of the
  308  code which are embodied in its opinions, final orders,
  309  declaratory statements, and interpretations of hearing officer
  310  panels under s. 553.775(3)(c), but shall do so only to the
  311  extent that incorporation of interpretations is needed to modify
  312  the foundation codes to accommodate the specific needs of this
  313  state. Amendments approved under this paragraph shall be adopted
  314  by rule pursuant to ss. 120.536(1) and 120.54, after the
  315  amendments have been subjected to the provisions of subsection
  316  (3).
  317         (b) A proposed amendment shall include a fiscal impact
  318  statement which documents the costs and benefits of the proposed
  319  amendment. Criteria for the fiscal impact statement shall be
  320  established by rule by the commission and shall include the
  321  impact to local government relative to enforcement, the impact
  322  to property and building owners, as well as to industry,
  323  relative to the cost of compliance.
  324         (c) The commission may not approve any proposed amendment
  325  that does not accurately and completely address all requirements
  326  for amendment which are set forth in this section. The
  327  commission shall require all proposed amendments and information
  328  submitted with proposed amendments to be reviewed by commission
  329  staff prior to consideration by any technical advisory
  330  committee. These reviews shall be for sufficiency only and are
  331  not intended to be qualitative in nature. Staff members shall
  332  reject any proposed amendment that fails to include a fiscal
  333  impact statement. Proposed amendments rejected by members of the
  334  staff may not be considered by the commission or any technical
  335  advisory committee.
  336         (d) Provisions of the Florida Building Code, including
  337  those contained in referenced standards and criteria, relating
  338  to wind resistance or the prevention of water intrusion may not
  339  be amended pursuant to this subsection to diminish those
  340  construction requirements; however, the commission may, subject
  341  to conditions in this subsection, amend the provisions to
  342  enhance those construction requirements.
  343         (9) The following buildings, structures, and facilities are
  344  exempt from the Florida Building Code as provided by law, and
  345  any further exemptions shall be as determined by the Legislature
  346  and provided by law:
  347         (a) Buildings and structures specifically regulated and
  348  preempted by the Federal Government.
  349         (b) Railroads and ancillary facilities associated with the
  350  railroad.
  351         (c) Nonresidential farm buildings on farms.
  352         (d) Temporary buildings or sheds used exclusively for
  353  construction purposes.
  354         (e) Mobile or modular structures used as temporary offices,
  355  except that the provisions of part II relating to accessibility
  356  by persons with disabilities shall apply to such mobile or
  357  modular structures.
  358         (f) Those structures or facilities of electric utilities,
  359  as defined in s. 366.02, which are directly involved in the
  360  generation, transmission, or distribution of electricity.
  361         (g) Temporary sets, assemblies, or structures used in
  362  commercial motion picture or television production, or any
  363  sound-recording equipment used in such production, on or off the
  364  premises.
  365         (h) Storage sheds that are not designed for human
  366  habitation and that have a floor area of 720 square feet or less
  367  are not required to comply with the mandatory wind-borne-debris
  368  impact standards of the Florida Building Code.
  369         (i) Chickees constructed by the Miccosukee Tribe of Indians
  370  of Florida or the Seminole Tribe of Florida. As used in this
  371  paragraph, the term “chickee” means an open-sided wooden hut
  372  that has a thatched roof of palm or palmetto or other
  373  traditional materials, and that does not incorporate any
  374  electrical, plumbing, or other nonwood features.
  375  
  376  With the exception of paragraphs (a), (b), (c), and (f), in
  377  order to preserve the health, safety, and welfare of the public,
  378  the Florida Building Commission may, by rule adopted pursuant to
  379  chapter 120, provide for exceptions to the broad categories of
  380  buildings exempted in this section, including exceptions for
  381  application of specific sections of the code or standards
  382  adopted therein. The Department of Agriculture and Consumer
  383  Services shall have exclusive authority to adopt by rule,
  384  pursuant to chapter 120, exceptions to nonresidential farm
  385  buildings exempted in paragraph (c) when reasonably necessary to
  386  preserve public health, safety, and welfare. The exceptions must
  387  be based upon specific criteria, such as under-roof floor area,
  388  aggregate electrical service capacity, HVAC system capacity, or
  389  other building requirements. Further, the commission may
  390  recommend to the Legislature additional categories of buildings,
  391  structures, or facilities which should be exempted from the
  392  Florida Building Code, to be provided by law. The Florida
  393  Building Code does not apply to temporary housing provided by
  394  the Department of Corrections to any prisoner in the state
  395  correctional system.
  396         (14)The Florida Building Code may not require that an
  397  existing air conditioning system installed on the surface of a
  398  roof as of July 1, 2009, be raised 18 inches up from the surface
  399  on which they are installed until such time as the system is
  400  replaced, and an agency or local government having authority to
  401  enforce the Florida Building Code or a local building code may
  402  not require otherwise.
  403         Section 8. Subsection (5) is added to section 553.74,
  404  Florida Statutes, to read:
  405         553.74 Florida Building Commission.—
  406         (5)Notwithstanding any other law, a member of the
  407  commission’s technical advisory committees or other advisory
  408  committee or workgroup does not have an impermissible conflict
  409  of interest when representing clients before the commission or
  410  one of the commission’s workgroups, except that such member may
  411  not be part of any discussion or take action as a technical
  412  advisory committee member or member of an advisory committee or
  413  workgroup on any matter in which the member has a direct
  414  financial interest.
  415         Section 9. Subsection (2) of section 553.76, Florida
  416  Statutes, is amended to read:
  417         553.76 General powers of the commission.—The commission is
  418  authorized to:
  419         (2) Issue memoranda of procedure for its internal
  420  management and control. The commission may adopt rules related
  421  to its consensus-based decision making process, including, but
  422  not limited to, super majority voting requirements for
  423  commission actions relating to adoption of amendments to or
  424  adoption of the Florida Building Code.
  425         Section 10. Subsection (4) of section 553.775, Florida
  426  Statutes, is amended to read:
  427         553.775 Interpretations.—
  428         (4) In order to administer this section, the commission may
  429  adopt by rule and impose a fee for binding and nonbinding
  430  interpretations to recoup the cost of the proceedings which may
  431  not exceed $250 for each request for a review or interpretation.
  432  For proceedings conducted by or in coordination with a third
  433  party, the rule may provide that payment be made directly to the
  434  third party, who shall remit to the department that portion of
  435  the fee necessary to cover the costs of the department.
  436         Section 11. Subsection (9) of section 553.79, Florida
  437  Statutes, is amended to read:
  438         553.79 Permits; applications; issuance; inspections.—
  439         (9) Any state agency whose enabling legislation authorizes
  440  it to enforce provisions of the Florida Building Code may enter
  441  into an agreement with any other unit of government to delegate
  442  its responsibility to enforce those provisions and may expend
  443  public funds for permit and inspection fees, which fees may be
  444  no greater than the fees charged others. Inspection services not
  445  required to be performed by a state agency under a federal
  446  delegation of responsibility or by a state agency under the
  447  Florida Building Code must be performed under the alternative
  448  plans review and inspection process created in s. 553.791.
  449         Section 12. Section 553.841, Florida Statutes, is amended
  450  to read:
  451         553.841 Building code compliance and mitigation program.—
  452         (1) The Legislature finds that knowledge and understanding
  453  by persons licensed in the design and construction industries of
  454  the importance and need for complying with the Florida Building
  455  Code is vital to the public health, safety, and welfare of this
  456  state, especially for mitigating damage caused by hurricanes to
  457  residents and visitors to the state. The Legislature further
  458  finds that the Florida Building Code can be effective only if
  459  all participants in the design and construction industries
  460  maintain a thorough knowledge of the code and additions thereto
  461  which improve construction standards to protect against storm
  462  and other damage. Consequently, the Legislature finds that there
  463  is a need for a program to provide ongoing education and
  464  outreach activities concerning compliance with the Florida
  465  Building Code and hurricane mitigation.
  466         (2) The Department of Community Affairs shall administer a
  467  program, designated as the Florida Building Code Compliance and
  468  Mitigation Program, to develop, coordinate, and maintain
  469  education and outreach to persons required to comply with the
  470  Florida Building Code and ensure consistent education, training,
  471  and communication of the code’s requirements, including, but not
  472  limited to, methods for mitigation of storm-related damage. The
  473  program shall also operate a clearinghouse through which design,
  474  construction, and building code enforcement licensees,
  475  suppliers, and consumers in this state may find others in order
  476  to exchange information relating to mitigation and facilitate
  477  repairs in the aftermath of a natural disaster.
  478         (3) All services and materials under the Florida Building
  479  Code Compliance and Mitigation Program must be provided by a
  480  private, nonprofit corporation under contract with the
  481  department. The term of the contract shall be for 4 years, with
  482  the option of one 4-year renewal at the end of the contract
  483  term. The initial contract must be in effect no later than
  484  November 1, 2007. The private, nonprofit corporation must be an
  485  organization whose membership includes trade and professional
  486  organizations whose members consist primarily of persons and
  487  entities that are required to comply with the Florida Building
  488  Code and that are licensed under part XII of chapter 468,
  489  chapter 471, chapter 481, or chapter 489. When selecting the
  490  private, nonprofit corporation for the program, the department
  491  must give primary consideration to the corporation’s
  492  demonstrated experience and the ability to:
  493         (a) Develop and deliver building code-related education,
  494  training, and outreach;
  495         (b) Directly access the majority of persons licensed in the
  496  occupations of design, construction, and building code
  497  enforcement individually and through established statewide trade
  498  and professional association networks;
  499         (c) Serve as a clearinghouse to deliver education and
  500  outreach throughout the state. The clearinghouse must serve as a
  501  focal point at which persons licensed to design, construct, and
  502  enforce building codes and suppliers and consumers can find each
  503  other in order to exchange information relating to mitigation
  504  and facilitate repairs in the aftermath of a natural disaster;
  505         (d) Accept input from the Florida Building Commission,
  506  licensing regulatory boards, local building departments, and the
  507  design and construction industries in order to improve its
  508  education and outreach programs; and
  509         (e) Promote design and construction techniques and
  510  materials for mitigating hurricane damage at a Florida-based
  511  trade conference that includes participants from the broadest
  512  possible range of design and construction trades and
  513  professions, including from those private and public sector
  514  entities having jurisdiction over building codes and design and
  515  construction licensure.
  516         (4) The department, in administering the Florida Building
  517  Code Compliance and Mitigation Program, shall maintain, update,
  518  develop, or cause to be developed:
  519         (a)A core curriculum that is prerequisite to the advanced
  520  module coursework.
  521         (b)Advanced modules designed for use by each profession.
  522         (c)The core curriculum developed under this subsection
  523  must be submitted to the Department of Business and Professional
  524  Regulation for approval. Advanced modules developed under this
  525  paragraph must be approved by the commission and submitted to
  526  the respective boards for approval.
  527         (5)The core curriculum shall cover the information
  528  required to have all categories of participants appropriately
  529  informed as to their technical and administrative
  530  responsibilities in the effective execution of the code process
  531  by all individuals currently licensed under part XII of chapter
  532  468, chapter 471, chapter 481, or chapter 489, except as
  533  otherwise provided in s. 471.017. The core curriculum shall be
  534  prerequisite to the advanced module coursework for all licensees
  535  and shall be completed by individuals licensed in all categories
  536  under part XII of chapter 468, chapter 471, chapter 481, or
  537  chapter 489 within the first 2-year period after initial
  538  licensure. Core course hours taken by licensees to complete this
  539  requirement shall count toward fulfillment of required
  540  continuing education units under part XII of chapter 468,
  541  chapter 471, chapter 481, or chapter 489.
  542         (5)(6) Each biennium, upon receipt of funds by the
  543  Department of Community Affairs from the Construction Industry
  544  Licensing Board and the Electrical Contractors’ Licensing Board
  545  provided under ss. 489.109(3) and 489.509(3), the department
  546  shall determine the amount of funds available for the Florida
  547  Building Code Compliance and Mitigation Program.
  548         (6)(7) If the projects provided through the Florida
  549  Building Code Compliance and Mitigation Program in any state
  550  fiscal year do not require the use of all available funds, the
  551  unused funds shall be carried forward and allocated for use
  552  during the following fiscal year.
  553         (7)(8) The Florida Building Commission shall provide by
  554  rule for the accreditation of courses related to the Florida
  555  Building Code by accreditors approved by the commission. The
  556  commission shall establish qualifications of accreditors and
  557  criteria for the accreditation of courses by rule. The
  558  commission may revoke the accreditation of a course by an
  559  accreditor if the accreditation is demonstrated to violate this
  560  part or the rules of the commission.
  561         (8)(9) This section does not prohibit or limit the subject
  562  areas or development of continuing education or training on the
  563  Florida Building Code by any qualified entity.
  564         Section 13. Subsections (1), (5), (8), and (17) of section
  565  553.842, Florida Statutes, are amended to read:
  566         553.842 Product evaluation and approval.—
  567         (1) The commission shall adopt rules under ss. 120.536(1)
  568  and 120.54 to develop and implement a product evaluation and
  569  approval system that applies statewide to operate in
  570  coordination with the Florida Building Code. The commission may
  571  enter into contracts to provide for administration of the
  572  product evaluation and approval system. The commission’s rules
  573  and any applicable contract may provide that payment of fees
  574  related to approvals be made directly to the administrator who
  575  shall remit to the department that portion of the fee necessary
  576  to cover the department’s costs. The product evaluation and
  577  approval system shall provide:
  578         (a) Appropriate promotion of innovation and new
  579  technologies.
  580         (b) Processing submittals of products from manufacturers in
  581  a timely manner.
  582         (c) Independent, third-party qualified and accredited
  583  testing and laboratory facilities, product evaluation entities,
  584  quality assurance agencies, certification agencies, and
  585  validation entities.
  586         (d) An easily accessible product acceptance list to
  587  entities subject to the Florida Building Code.
  588         (e) Development of stringent but reasonable testing
  589  criteria based upon existing consensus standards, when
  590  available, for products.
  591         (f) Long-term approvals, where feasible. State and local
  592  approvals will be valid until the requirements of the code on
  593  which the approval is based change, the product changes in a
  594  manner affecting its performance as required by the code, or the
  595  approval is revoked.
  596         (g) Criteria for revocation of a product approval.
  597         (h) Cost-effectiveness.
  598         (5) Statewide approval of products, methods, or systems of
  599  construction may be achieved by one of the following methods.
  600  One of these methods must be used by the commission to approve
  601  the following categories of products: panel walls, exterior
  602  doors, roofing, skylights, windows, shutters, and structural
  603  components as established by the commission by rule.
  604         (a) Products for which the code establishes standardized
  605  testing or comparative or rational analysis methods shall be
  606  approved by submittal and validation of one of the following
  607  reports or listings indicating that the product or method or
  608  system of construction was evaluated to be in compliance with
  609  the Florida Building Code and that the product or method or
  610  system of construction is, for the purpose intended, at least
  611  equivalent to that required by the Florida Building Code:
  612         1. A certification mark or listing of an approved
  613  certification agency, which may be used only for products for
  614  which the code designates standardized testing;
  615         2. A test report from an approved testing laboratory;
  616         3. A product evaluation report based upon testing or
  617  comparative or rational analysis, or a combination thereof, from
  618  an approved product evaluation entity; or
  619         4. A product evaluation report based upon testing or
  620  comparative or rational analysis, or a combination thereof,
  621  developed and signed and sealed by a professional engineer or
  622  architect, licensed in this state.
  623  
  624  A product evaluation report or a certification mark or listing
  625  of an approved certification agency which demonstrates that the
  626  product or method or system of construction complies with the
  627  Florida Building Code for the purpose intended shall be
  628  equivalent to a test report and test procedure as referenced in
  629  the Florida Building Code. An application for state approval of
  630  a product under subparagraph 1. shall be approved by the
  631  department after the commission staff or a designee verifies
  632  within 10 days after receipt that the application and related
  633  documentation are complete. Upon approval by the department, the
  634  product shall be immediately added to the list of state-approved
  635  products maintained under subsection (13). Approvals by the
  636  department shall be reviewed and ratified by the commission’s
  637  program oversight committee except for a showing of good cause.
  638         (b) Products, methods, or systems of construction for which
  639  there are no specific standardized testing or comparative or
  640  rational analysis methods established in the code may be
  641  approved by submittal and validation of one of the following:
  642         1. A product evaluation report based upon testing or
  643  comparative or rational analysis, or a combination thereof, from
  644  an approved product evaluation entity indicating that the
  645  product or method or system of construction was evaluated to be
  646  in compliance with the intent of the Florida Building Code and
  647  that the product or method or system of construction is, for the
  648  purpose intended, at least equivalent to that required by the
  649  Florida Building Code; or
  650         2. A product evaluation report based upon testing or
  651  comparative or rational analysis, or a combination thereof,
  652  developed and signed and sealed by a professional engineer or
  653  architect, licensed in this state, who certifies that the
  654  product or method or system of construction is, for the purpose
  655  intended, at least equivalent to that required by the Florida
  656  Building Code.
  657         (8) The commission may adopt rules to approve the following
  658  types of entities that produce information on which product
  659  approvals are based. All of the following entities, including
  660  engineers and architects, must comply with a nationally
  661  recognized standard demonstrating independence or no conflict of
  662  interest:
  663         (a) Evaluation entities that meet the criteria for approval
  664  adopted by the commission by rule. The commission shall
  665  specifically approve the National Evaluation Service, the
  666  International Association of Plumbing and Mechanical Officials
  667  Evaluation Service the International Conference of Building
  668  Officials Evaluation Services, the International Code Council
  669  Evaluation Services, the Building Officials and Code
  670  Administrators International Evaluation Services, the Southern
  671  Building Code Congress International Evaluation Services, and
  672  the Miami-Dade County Building Code Compliance Office Product
  673  Control. Architects and engineers licensed in this state are
  674  also approved to conduct product evaluations as provided in
  675  subsection (5).
  676         (b) Testing laboratories accredited by national
  677  organizations, such as A2LA and the National Voluntary
  678  Laboratory Accreditation Program, laboratories accredited by
  679  evaluation entities approved under paragraph (a), and
  680  laboratories that comply with other guidelines for testing
  681  laboratories selected by the commission and adopted by rule.
  682         (c) Quality assurance entities approved by evaluation
  683  entities approved under paragraph (a) and by certification
  684  agencies approved under paragraph (d) and other quality
  685  assurance entities that comply with guidelines selected by the
  686  commission and adopted by rule.
  687         (d) Certification agencies accredited by nationally
  688  recognized accreditors and other certification agencies that
  689  comply with guidelines selected by the commission and adopted by
  690  rule.
  691         (e) Validation entities that comply with accreditation
  692  standards established by the commission by rule.
  693         (17)(a)The Florida Building Commission shall review the
  694  list of evaluation entities in subsection (8) and, in the annual
  695  report required under s. 553.77, shall either recommend
  696  amendments to the list to add evaluation entities the commission
  697  determines should be authorized to perform product evaluations
  698  or shall report on the criteria adopted by rule or to be adopted
  699  by rule allowing the commission to approve evaluation entities
  700  that use the commission’s product evaluation process. If the
  701  commission adopts criteria by rule, the rulemaking process must
  702  be completed by July 1, 2009.
  703         (b)Notwithstanding paragraph (8)(a), the International
  704  Association of Plumbing and Mechanical Officials Evaluation
  705  Services is approved as an evaluation entity until October 1,
  706  2009. If the association does not obtain permanent approval by
  707  the commission as an evaluation entity by October 1, 2009,
  708  products approved on the basis of an association evaluation must
  709  be substituted by an alternative, approved entity by December
  710  31, 2009, and on January 1, 2010, any product approval issued by
  711  the commission based on an association evaluation is void.
  712         Section 14. Section 553.885, Florida Statutes, is amended
  713  to read:
  714         553.885 Carbon monoxide alarm required.—
  715         (1) Every building, other than a hospital, an inpatient
  716  hospice facility, or a nursing home facility licensed by the
  717  Agency for Health Care Administration, constructed for which a
  718  building permit is issued for new construction on or after July
  719  1, 2008, and having a fossil-fuel-burning heater or appliance, a
  720  fireplace, or an attached garage, or other feature, fixture or
  721  element that emits carbon monoxide as a byproduct of combustion
  722  shall have an approved operational carbon monoxide alarm
  723  installed within 10 feet of each room used for sleeping purposes
  724  or at such other locations as required by the Florida Building
  725  Code. The requirements of this subsection may be satisfied with
  726  the installation of a battery powered carbon monoxide alarm or a
  727  battery powered combination carbon monoxide and smoke alarm. For
  728  a new hospital, an inpatient hospice facility, or a nursing home
  729  facility licensed by the Agency for Health Care Administration,
  730  an approved operational carbon monoxide detector shall be
  731  installed inside or directly outside of each room or area within
  732  the hospital or facility where a fossil-fuel-burning heater,
  733  engine, or appliance is located. This detector shall be
  734  connected to the fire alarm system of the hospital or facility
  735  as a supervisory signal.
  736         (2) The Florida Building Commission shall adopt rules to
  737  administer this section and shall incorporate such requirements
  738  into its next revision of the Florida Building Code.
  739         (3) As used in this section, the term:
  740         (a) “Carbon monoxide alarm” means a device that is meant
  741  for the purpose of detecting carbon monoxide, that produces a
  742  distinct audible alarm, and that meets the requirements of and
  743  is approved by the Florida Building Commission.
  744         (b) “Fossil fuel” means coal, kerosene, oil, fuel gases, or
  745  other petroleum or hydrocarbon product that emits carbon
  746  monoxide as a by-product of combustion.
  747         Section 15. Paragraph (d) of subsection (3) of section
  748  468.609, Florida Statutes, is amended to read:
  749         468.609 Administration of this part; standards for
  750  certification; additional categories of certification.—
  751         (3) A person may take the examination for certification as
  752  a building code administrator pursuant to this part if the
  753  person:
  754         (d)After the building code training program is established
  755  under s. 553.841, demonstrates successful completion of the core
  756  curriculum approved by the Florida Building Commission,
  757  appropriate to the licensing category sought.
  758         Section 16. Subsection (6) of section 468.627, Florida
  759  Statutes, is repealed.
  760         Section 17. Section 471.0195, Florida Statutes, is amended
  761  to read:
  762         471.0195 Florida Building Code training for engineers.—All
  763  licensees actively participating in the design of engineering
  764  works or systems in connection with buildings, structures, or
  765  facilities and systems covered by the Florida Building Code
  766  shall take continuing education courses and submit proof to the
  767  board, at such times and in such manner as established by the
  768  board by rule, that the licensee has completed the core
  769  curriculum courses and any specialized or advanced courses on
  770  any portion of the Florida Building Code applicable to the
  771  licensee’s area of practice or has passed the appropriate
  772  equivalency test of the Building Code Training Program as
  773  required by s. 553.841. The board shall record reported
  774  continuing education courses on a system easily accessed by code
  775  enforcement jurisdictions for evaluation when determining
  776  license status for purposes of processing design documents.
  777  Local jurisdictions shall be responsible for notifying the board
  778  when design documents are submitted for building construction
  779  permits by persons who are not in compliance with this section.
  780  The board shall take appropriate action as provided by its rules
  781  when such noncompliance is determined to exist.
  782         Section 18. Subsection (5) of section 481.215, Florida
  783  Statutes, is repealed.
  784         Section 19. Subsection (5) of section 481.313, Florida
  785  Statutes, is repealed.
  786         Section 20. Paragraph (b) of subsection (4) of section
  787  489.115, Florida Statutes, is amended to read:
  788         489.115 Certification and registration; endorsement;
  789  reciprocity; renewals; continuing education.—
  790         (4)
  791         (b)1. Each certificateholder or registrant shall provide
  792  proof, in a form established by rule of the board, that the
  793  certificateholder or registrant has completed at least 14
  794  classroom hours of at least 50 minutes each of continuing
  795  education courses during each biennium since the issuance or
  796  renewal of the certificate or registration. The board shall
  797  establish by rule that a portion of the required 14 hours must
  798  deal with the subject of workers’ compensation, business
  799  practices, workplace safety, and, for applicable licensure
  800  categories, wind mitigation methodologies, and 1 hour of which
  801  must deal with laws and rules. The board shall by rule establish
  802  criteria for the approval of continuing education courses and
  803  providers, including requirements relating to the content of
  804  courses and standards for approval of providers, and may by rule
  805  establish criteria for accepting alternative nonclassroom
  806  continuing education on an hour-for-hour basis. The board shall
  807  prescribe by rule the continuing education, if any, which is
  808  required during the first biennium of initial licensure. A
  809  person who has been licensed for less than an entire biennium
  810  must not be required to complete the full 14 hours of continuing
  811  education.
  812         2. In addition, the board may approve specialized
  813  continuing education courses on compliance with the wind
  814  resistance provisions for one and two family dwellings contained
  815  in the Florida Building Code and any alternate methodologies for
  816  providing such wind resistance which have been approved for use
  817  by the Florida Building Commission. Division I
  818  certificateholders or registrants who demonstrate proficiency
  819  upon completion of such specialized courses may certify plans
  820  and specifications for one and two family dwellings to be in
  821  compliance with the code or alternate methodologies, as
  822  appropriate, except for dwellings located in floodways or
  823  coastal hazard areas as defined in ss. 60.3D and E of the
  824  National Flood Insurance Program.
  825         3.Each certificateholder or registrant shall provide to
  826  the board proof of completion of the core curriculum courses, or
  827  passing the equivalency test of the Building Code Training
  828  Program established under s. 553.841, specific to the licensing
  829  category sought, within 2 years after commencement of the
  830  program or of initial certification or registration, whichever
  831  is later. Classroom hours spent taking core curriculum courses
  832  shall count toward the number required for renewal of
  833  certificates or registration. A certificateholder or registrant
  834  who passes the equivalency test in lieu of taking the core
  835  curriculum courses shall receive full credit for core curriculum
  836  course hours.
  837         3.4. The board shall require, by rule adopted pursuant to
  838  ss. 120.536(1) and 120.54, a specified number of hours in
  839  specialized or advanced module courses, approved by the Florida
  840  Building Commission, on any portion of the Florida Building
  841  Code, adopted pursuant to part IV of chapter 553, relating to
  842  the contractor’s respective discipline.
  843         Section 21. Subsection (1) of section 489.1455, Florida
  844  Statutes, is amended to read:
  845         489.1455 Journeyman; reciprocity; standards.—
  846         (1) An individual who holds a valid, active journeyman
  847  license in the plumbing/pipe fitting, mechanical, or HVAC trades
  848  issued by any county or municipality in this state may work as a
  849  journeyman in the trade in which he or she is licensed in any
  850  county or municipality of this state without taking an
  851  additional examination or paying an additional license fee, if
  852  he or she:
  853         (a) Has scored at least 70 percent, or after October 1,
  854  1997, at least 75 percent, on a proctored journeyman Block and
  855  Associates examination or other proctored examination approved
  856  by the board for the trade in which he or she is licensed;
  857         (b) Has completed an apprenticeship program registered with
  858  the Department of Labor and Employment Security and demonstrates
  859  4 years’ verifiable practical experience in the trade for which
  860  he or she is licensed, or demonstrates 6 years’ verifiable
  861  practical experience in the trade for which he or she is
  862  licensed;
  863         (c) Has satisfactorily completed specialized and advanced
  864  module coursework approved by the Florida Building Commission,
  865  as part of the Building Code Training Program established in s.
  866  553.841, specific to the discipline, and successfully completed
  867  the program’s core curriculum courses or passed an equivalency
  868  test in lieu of taking the core curriculum courses and provided
  869  proof of completion of such curriculum courses or examination
  870  and obtained a certificate from the board pursuant to this part
  871  or, pursuant to authorization by the certifying authority,
  872  provides proof of completion of such curriculum or coursework
  873  within 6 months after such certification; and
  874         (d) Has not had a license suspended or revoked within the
  875  last 5 years.
  876         Section 22. Subsection (3) of section 489.517, Florida
  877  Statutes, is amended to read:
  878         489.517 Renewal of certificate or registration; continuing
  879  education.—
  880         (3)(a) Each certificateholder or registrant shall provide
  881  proof, in a form established by rule of the board, that the
  882  certificateholder or registrant has completed at least 14
  883  classroom hours of at least 50 minutes each of continuing
  884  education courses during each biennium since the issuance or
  885  renewal of the certificate or registration. The board shall by
  886  rule establish criteria for the approval of continuing education
  887  courses and providers and may by rule establish criteria for
  888  accepting alternative nonclassroom continuing education on an
  889  hour-for-hour basis.
  890         (b)Each certificateholder or registrant shall provide to
  891  the board proof of completion of the core curriculum courses or
  892  passing the equivalency test of the Building Code Training
  893  Program established under s. 553.841, specific to the licensing
  894  category sought, within 2 years after commencement of the
  895  program or of initial certification or registration, whichever
  896  is later. Classroom hours spent taking core curriculum courses
  897  shall count toward the number required for renewal of
  898  certificate or registration. A certificateholder or registrant
  899  who passes the equivalency test in lieu of taking the core
  900  curriculum courses shall receive full credit for core curriculum
  901  course hours.
  902         Section 23. For the purpose of incorporating the amendment
  903  made by this act to section 553.79, Florida Statutes, in a
  904  reference thereto, subsection (1) of section 553.80, Florida
  905  Statutes, is reenacted to read:
  906         553.80 Enforcement.—
  907         (1) Except as provided in paragraphs (a)-(g), each local
  908  government and each legally constituted enforcement district
  909  with statutory authority shall regulate building construction
  910  and, where authorized in the state agency’s enabling
  911  legislation, each state agency shall enforce the Florida
  912  Building Code required by this part on all public or private
  913  buildings, structures, and facilities, unless such
  914  responsibility has been delegated to another unit of government
  915  pursuant to s. 553.79(9).
  916         (a) Construction regulations relating to correctional
  917  facilities under the jurisdiction of the Department of
  918  Corrections and the Department of Juvenile Justice are to be
  919  enforced exclusively by those departments.
  920         (b) Construction regulations relating to elevator equipment
  921  under the jurisdiction of the Bureau of Elevators of the
  922  Department of Business and Professional Regulation shall be
  923  enforced exclusively by that department.
  924         (c) In addition to the requirements of s. 553.79 and this
  925  section, facilities subject to the provisions of chapter 395 and
  926  part II of chapter 400 shall have facility plans reviewed and
  927  construction surveyed by the state agency authorized to do so
  928  under the requirements of chapter 395 and part II of chapter 400
  929  and the certification requirements of the Federal Government.
  930         (d) Building plans approved under s. 553.77(3) and state
  931  approved manufactured buildings, including buildings
  932  manufactured and assembled offsite and not intended for
  933  habitation, such as lawn storage buildings and storage sheds,
  934  are exempt from local code enforcing agency plan reviews except
  935  for provisions of the code relating to erection, assembly, or
  936  construction at the site. Erection, assembly, and construction
  937  at the site are subject to local permitting and inspections.
  938  Lawn storage buildings and storage sheds bearing the insignia of
  939  approval of the department are not subject to s. 553.842. Such
  940  buildings that do not exceed 400 square feet may be delivered
  941  and installed without need of a contractor’s or specialty
  942  license.
  943         (e) Construction regulations governing public schools,
  944  state universities, and community colleges shall be enforced as
  945  provided in subsection (6).
  946         (f) The Florida Building Code as it pertains to toll
  947  collection facilities under the jurisdiction of the turnpike
  948  enterprise of the Department of Transportation shall be enforced
  949  exclusively by the turnpike enterprise.
  950         (g) Construction regulations relating to secure mental
  951  health treatment facilities under the jurisdiction of the
  952  Department of Children and Family Services shall be enforced
  953  exclusively by the department in conjunction with the Agency for
  954  Health Care Administration’s review authority under paragraph
  955  (c).
  956  
  957  The governing bodies of local governments may provide a schedule
  958  of fees, as authorized by s. 125.56(2) or s. 166.222 and this
  959  section, for the enforcement of the provisions of this part.
  960  Such fees shall be used solely for carrying out the local
  961  government’s responsibilities in enforcing the Florida Building
  962  Code. The authority of state enforcing agencies to set fees for
  963  enforcement shall be derived from authority existing on July 1,
  964  1998. However, nothing contained in this subsection shall
  965  operate to limit such agencies from adjusting their fee schedule
  966  in conformance with existing authority.
  967         Section 24. The Florida Building Commission is directed to
  968  adjust the Florida Building Code for consistency with the
  969  revisions to s. 399.02, Florida Statutes, under section 1 of
  970  this act.
  971         Section 25. This act shall take effect July 1, 2009.
  972  
  973  ================= T I T L E  A M E N D M E N T ================
  974         And the title is amended as follows:
  975         Delete everything before the enacting clause
  976  and insert:
  977                        A bill to be entitled                      
  978         An act relating to building codes; amending s. 339.02,
  979         F.S., providing requirements relating to elevator
  980         safety; amending s. 399.15, F.S., providing an
  981         alternative method to provide regional emergency
  982         elevator access; providing for a uniform lock box;
  983         providing for a master key; providing the Division of
  984         State Fire Marshal with enforcement authority;
  985         directing the Department of Financial Services to
  986         select the provider of the uniform lock box; amending
  987         s. 627.351, F.S.; deleting a requirement for opening
  988         protections for designated property; repealing
  989         subsection (6) of s. 718.113, F.S.; relating to
  990         requirements for 5-year inspections of certain
  991         condominium improvements; amending s. 553.37, F.S.;
  992         revising criteria for inspection of manufactured
  993         buildings; authorizing manufacturers to pay inspection
  994         fees directly to the provider of inspection services;
  995         providing rulemaking authority to the Department of
  996         Community Affairs; authorizing the department to enter
  997         into contracts for the performance of certain
  998         administrative duties; revising inspection
  999         requirements for certain custom manufactured
 1000         buildings; amending s. 553.375, F.S.; revising the
 1001         requirement for recertification of manufactured
 1002         buildings prior to relocation; amending s. 553.73,
 1003         F.S.; authorizing the commission to adopt amendments
 1004         relating to equivalency of standards; authorizing the
 1005         adoption of amendments necessary to accommodate
 1006         certain agency rules relating to hospitals; inpatient
 1007         hospice facilities; or nursing home facilities
 1008         licensed by the agency; providing an exception to the
 1009         Florida Building Code; restricting the code from
 1010         imposing requirements on certain air conditioning
 1011         systems; amending s. 553.74, F.S.; authorizing members
 1012         of the commission’s advisory and technical committees
 1013         to appear before the commission on professional
 1014         matters; providing that the member may not take action
 1015         on certain matters; amending s. 553.76, F.S.;
 1016         authorizing the Florida Building Commission to adopt
 1017         rules related to consensus-building decision making;
 1018         amending s. 553.775, F.S.; authorizing the commission
 1019         to charge a fee for non-binding interpretations;
 1020         amending s. 553.79, F.S.; requiring state agencies to
 1021         contract for inspection services under the alternative
 1022         plans review and inspection process; providing
 1023         exceptions; amending s. 553.841, F.S.; to delete
 1024         requirements that the department maintain, update,
 1025         develop, or cause to be developed a core curriculum;
 1026         amending s. 553.842, F.S.; authorizing commission
 1027         rules to provide for the payment of product evaluation
 1028         fees directly to the provider; providing that the
 1029         provider must remit the department’s portion of the
 1030         fees; providing requirements for approval of
 1031         applications for state approval of a product;
 1032         providing that certain approved products will be
 1033         immediately added to the list of state-approved
 1034         products; providing for review and ratification of an
 1035         approved product by the commission; revising the list
 1036         of approved evaluation entities; deleting obsolete
 1037         provisions; amending s. 553.885, F.S.; revising
 1038         requirements for carbon monoxide alarms; repealing ss.
 1039         468.627(6), 481.215(5), and 481.313(5), F.S., relating
 1040         to building code inspectors, renewal of the license
 1041         for architects, interior designers, and landscape
 1042         architects, respectively; amending ss. 468.609,
 1043         471.0195, 489.115, 489.1455, and 489.517, F.S.,
 1044         conforming provisions relating to the deletion of core
 1045         curriculum courses; reenacting s. 553.801(1), F.S.,
 1046         relating to the enforcement of the Florida Building
 1047         Code, to incorporate the amendments made to s. 553.79,
 1048         F.S., in a reference thereto; directing the Florida
 1049         Building Commission to update the Florida Building
 1050         Code to include revisions made to s. 399.02, F.S.;
 1051         providing an effective date.