Florida Senate - 2009                      CS for CS for SB 2100
       
       
       
       By the Committees on Regulated Industries; and Community
       Affairs; and Senator Bennett
       
       
       
       580-04976-09                                          20092100c2
    1                        A bill to be entitled                      
    2         An act relating to building safety; amending s.
    3         399.02, F.S.; exempting certain elevators from
    4         provisions requiring modifications to heat sensors and
    5         electronic controls; amending s. 399.15, F.S.;
    6         providing an alternative method to allow regional
    7         emergency elevator access; providing for a uniform
    8         lock box; providing for a master key; providing the
    9         Division of State Fire Marshal with enforcement
   10         authority; directing the Department of Financial
   11         Services to select the provider of the uniform lock
   12         box; amending s. 468.8311, F.S.; effective July 1,
   13         2010, revising the term “home inspection services” to
   14         include the visual examination of additional
   15         components; amending s. 468.8312, F.S.; effective July
   16         1, 2010, providing for fee increases for home
   17         inspection licenses; amending s. 468.8319, F.S.;
   18         effective July 1, 2010, revising certain prohibitions
   19         with respect to providers of home inspection services;
   20         amending s. 468.832, F.S.; effective July 1, 2010,
   21         authorizing the Department of Business and
   22         Professional Regulation to impose penalties against a
   23         licensee found guilty of certain violations; amending
   24         s. 468.8324, F.S.; providing additional requirements
   25         for licensure as a home inspector; amending s.
   26         215.5586, F.S.; effective July 1, 2010, adding home
   27         inspectors licensed under s. 468.83, F.S., to the list
   28         of wind certification entities that may be selected by
   29         the Department of Financial Services to provide
   30         hurricane mitigation inspections; amending s. 627.351,
   31         F.S.; deleting a requirement for opening protections
   32         for designated property for purposes of coverage by
   33         the Citizens Property Insurance Corporation; amending
   34         s. 627.711, F.S.; effective July 1, 2010, authorizing
   35         the Financial Services Commission to accept as valid a
   36         uniform mitigation verification form signed by a
   37         licensed home inspector; repealing s. 718.113(6),
   38         F.S., relating to requirements for 5-year inspections
   39         of certain condominium improvements; amending s.
   40         553.37, F.S.; authorizing manufacturers to pay
   41         inspection fees directly to the provider of inspection
   42         services; providing rulemaking authority to the
   43         Department of Community Affairs; authorizing the
   44         department to enter into contracts for the performance
   45         of certain administrative duties; revising inspection
   46         requirements for certain custom manufactured
   47         buildings; amending s. 553.375, F.S.; revising the
   48         requirement for recertification of manufactured
   49         buildings prior to relocation; amending s. 553.73,
   50         F.S.; authorizing the Florida Building Commission to
   51         adopt amendments relating to equivalency of standards;
   52         authorizing the adoption of amendments necessary to
   53         accommodate state agency rules to meet federal
   54         requirements for design criteria relating to public
   55         educational facilities and state-licensed facilities;
   56         exempting certain mausoleums from the requirements of
   57         the Florida Building Code; restricting the code or an
   58         code enforcement agency from imposing requirements on
   59         certain air conditioning systems; amending s. 553.76,
   60         F.S.; authorizing the Florida Building Commission to
   61         adopt rules related to consensus-building
   62         decisionmaking; amending s. 553.775, F.S.; authorizing
   63         the commission to charge a fee for nonbinding
   64         interpretations; amending s. 553.79, F.S.; requiring
   65         state agencies to contract for inspection services
   66         under the alternative plans review and inspection
   67         process or with a local governmental entity; amending
   68         s. 553.841, F.S.; deleting provisions requiring that
   69         the Department of Community Affairs maintain, update,
   70         develop, or cause to be developed a core curriculum
   71         for persons who enforce the Florida Building Code;
   72         amending s. 553.842, F.S.; authorizing rules requiring
   73         the payment of product evaluation fees directly to the
   74         administrator of the product evaluation and approval
   75         system; requiring that the provider remit a portion of
   76         the fees to the department to cover its costs;
   77         providing requirements for the approval of
   78         applications for state approval of a product;
   79         providing for certain approved products to be
   80         immediately added to the list of state-approved
   81         products; requiring that the commission’s oversight
   82         committee review approved products; revising the list
   83         of approved evaluation entities; deleting obsolete
   84         provisions governing evaluation entities; amending s.
   85         553.844, F.S.; providing an exemption from
   86         requirements from roof and opening protections for
   87         certain exposed mechanical equipment or appliances;
   88         amending s. 553.885, F.S.; revising requirements for
   89         carbon monoxide alarms; providing an exception for
   90         buildings undergoing alterations or repairs; defining
   91         the term “addition”; amending s. 553.9061, F.S.;
   92         revising the energy-efficiency performance options and
   93         elements identified by the commission for purposes of
   94         meeting certain goals; amending s. 553.912, F.S.;
   95         providing requirements for the replacement of air
   96         conditioning systems; repealing ss. 468.627(6),
   97         481.215(5), and 481.313(5), F.S., relating to building
   98         code inspectors, renewal of the license for
   99         architects, interior designers, and landscape
  100         architects, respectively; amending ss. 468.609,
  101         471.0195, 489.115, 489.1455, and 489.517, F.S.,
  102         conforming provisions relating to the deletion of core
  103         curriculum courses relating to the Florida Building
  104         Code; reenacting s. 553.80(1), F.S., relating to the
  105         enforcement of the Florida Building Code, to
  106         incorporate the amendments made to s. 553.79, F.S., in
  107         a reference thereto; amending s. 633.0215, F.S.;
  108         providing guidelines for the State Fire Marshal to use
  109         in issuing an expedited declaratory statement;
  110         requiring the State Fire Marshal to issue an expedited
  111         declaratory statement under certain circumstances;
  112         providing requirement for a petition requesting an
  113         expedited declaratory statement; amending s. 633.026,
  114         F.S.; providing legislative intent; providing for the
  115         establishment of the Fire Code Interpretation
  116         Committee; providing for the membership of the
  117         committee and requirements for membership; requiring
  118         that nonbinding interpretations of the Florida Fire
  119         Prevention Code be issued within a specified period
  120         after a request is received; providing for the waiver
  121         of such requirement under certain conditions;
  122         requiring the Division of State Fire Marshal to charge
  123         a fee for nonbinding interpretations; providing that
  124         fees may be paid directly to a contract provider;
  125         providing requirements for requesting a nonbinding
  126         interpretation; requiring the Division of State Fire
  127         Marshal to develop a form for submitting a petition
  128         for a nonbinding interpretation; providing for a
  129         formal interpretation by the State Fire Marshal;
  130         requiring that an interpretation of the Florida Fire
  131         Prevention Code be published on the division’s website
  132         and the Florida Administrative Weekly; amending s.
  133         633.081, F.S.; requiring the Division of State Fire
  134         Marshal and the Florida Building Code Administrator
  135         and Inspectors Board enter into a reciprocity
  136         agreement for purposes of recertifying building code
  137         inspectors, plan inspectors, building code
  138         administrators, and firesafety inspectors; amending s.
  139         633.352, F.S.; providing an exception to requirements
  140         for recertification as a firefighter; amending s.
  141         633.521, F.S.; revising requirements for certification
  142         as a fire protection system contractor; revising the
  143         prerequisites for taking the certification
  144         examination; authorizing the State Fire Marshal to
  145         accept more than one source of professional
  146         certification; revising legislative intent; amending
  147         s. 633.524, F.S.; authorizing the State Fire Marshal
  148         to enter into contracts for examination services;
  149         providing for direct payment of examination fees to
  150         contract providers; amending s. 633.537, F.S.;
  151         revising the continuing education requirements for
  152         certain permitholders; amending 633.72, F.S.; revising
  153         the terms of service for members of the Fire Code
  154         Advisory Council; repealing s. 553.509(2), F.S.,
  155         relating to requirements for alternate power sources
  156         for elevators for purposes of operating during an
  157         emergency; directing the Florida Building Commission
  158         to conform provisions of the Florida Building Code
  159         with revisions made by the act relating to the
  160         operation of elevators; providing effective dates.
  161  
  162  Be It Enacted by the Legislature of the State of Florida:
  163  
  164         Section 1. Subsection (6) of section 399.02, Florida
  165  Statutes, is amended to read:
  166         399.02 General requirements.—
  167         (6) The department is empowered to carry out all of the
  168  provisions of this chapter relating to the inspection and
  169  regulation of elevators and to enforce the provisions of the
  170  Florida Building Code, except that updates to the code requiring
  171  modifications for heat sensors and electronic controls on
  172  existing elevators, as amended into the Safety Code for Existing
  173  Elevators and Escalators, ANSI/ASME A17.1 and A17.3, may not be
  174  enforced on elevators issued a certificate of operation by the
  175  department as of July 1, 2008, until such time as the elevator
  176  is replaced. This exception does not apply to any building for
  177  which a building permit was issued after July 1, 2008.
  178         Section 2. Present subsection (7) of section 399.15,
  179  Florida Statutes, is redesignated as subsection (8), and a new
  180  subsection (7) is added to that section, to read:
  181         399.15 Regional emergency elevator access.—
  182         (7)As an alternative to complying with the requirements of
  183  subsection (1), each building in this state which is required to
  184  meet the provisions of subsections (1) and (2) may instead
  185  provide for the installation of a uniform lock box that contains
  186  the keys to all elevators in the building which allow public
  187  access, including service and freight elevators. The uniform
  188  lock box must be keyed so as to allow all uniform lock boxes in
  189  each of the seven state emergency response regions to operate in
  190  fire emergency situations using one master key. The uniform lock
  191  box master key may be issued only to the fire department. The
  192  Division of State Fire Marshal of the Department of Financial
  193  Services shall enforce this subsection. The Department of
  194  Financial Services shall select the provider of the uniform lock
  195  box to be installed in each building in which the requirements
  196  of this subsection are implemented.
  197         Section 3. Effective July 1, 2010, subsection (4) of
  198  section 468.8311, Florida Statutes, is amended to read:
  199         468.8311 Definitions.—As used in this part, the term:
  200         (4) “Home inspection services” means a limited visual
  201  examination of one or more of the following readily accessible
  202  installed systems and components of a home: the structure,
  203  electrical system, HVAC system, roof covering, plumbing system,
  204  interior components, windows, doors, walls, floors, ceilings,
  205  exterior components, and site conditions that affect the
  206  structure, for the purposes of providing a written professional
  207  opinion of the condition of the home.
  208         Section 4. Effective July 1, 2010, section 468.8312,
  209  Florida Statutes, is amended to read:
  210         468.8312 Fees.—
  211         (1) The department, by rule, may establish fees to be paid
  212  for applications, examination, reexamination, licensing and
  213  renewal, inactive status application and reactivation of
  214  inactive licenses, recordkeeping, and applications for providers
  215  of continuing education. The department may also establish by
  216  rule a delinquency fee. Fees shall be based on department
  217  estimates of the revenue required to implement the provisions of
  218  this part. All fees shall be remitted with the appropriate
  219  application, examination, or license.
  220         (2) The initial application and examination fee shall not
  221  exceed $250 $125 plus the actual per applicant cost to the
  222  department to purchase an examination, if the department chooses
  223  to purchase the examination. The examination fee shall be in an
  224  amount that covers the cost of obtaining and administering the
  225  examination and shall be refunded if the applicant is found
  226  ineligible to sit for the examination. The application fee shall
  227  be nonrefundable.
  228         (3) The initial license fee shall not exceed $400 $200.
  229         (4) The fee for a certificate of authorization shall not
  230  exceed $250 $125.
  231         (5) The biennial renewal fee shall not exceed $400 $200.
  232         (6) The fee for licensure by endorsement shall not exceed
  233  $400 $200.
  234         (7) The fee for application for inactive status or for
  235  reactivation of an inactive license shall not exceed $400 $200.
  236         (8) The fee for applications from providers of continuing
  237  education may not exceed $500.
  238         Section 5. Effective July 1, 2010, section 468.8319,
  239  Florida Statutes, is amended to read:
  240         468.8319 Prohibitions; penalties.—
  241         (1) A person A home inspector, a company that employs a
  242  home inspector, or a company that is controlled by a company
  243  that also has a financial interest in a company employing a home
  244  inspector may not:
  245         (a) Practice or offer to practice home inspection services
  246  unless the person has complied with the provisions of this part;
  247         (b) Use the name or title “certified home inspector,”
  248  “registered home inspector,” “licensed home inspector,” “home
  249  inspector,” “professional home inspector,” or any combination
  250  thereof unless the person has complied with the provisions of
  251  this part;
  252         (c) Present as his or her own the license of another;
  253         (d) Knowingly give false or forged evidence to the
  254  department or an employee thereof;
  255         (e) Use or attempt to use a license that has been suspended
  256  or revoked;
  257         (f) Perform or offer to perform, prior to closing, for any
  258  additional fee, any repairs to a home on which the inspector or
  259  the inspector’s company has prepared a home inspection report.
  260  This paragraph does not apply to a home warranty company that is
  261  affiliated with or retains a home inspector to perform repairs
  262  pursuant to a claim made under a home warranty contract;
  263         (g) Inspect for a fee any property in which the inspector
  264  or the inspector’s company has any financial or transfer
  265  interest;
  266         (h) Offer or deliver any compensation, inducement, or
  267  reward to any broker or agent therefor for the referral of the
  268  owner of the inspected property to the inspector or the
  269  inspection company; or
  270         (i) Accept an engagement to make an omission or prepare a
  271  report in which the inspection itself, or the fee payable for
  272  the inspection, is contingent upon either the conclusions in the
  273  report, preestablished findings, or the close of escrow.
  274         (2) Any person who is found to be in violation of any
  275  provision of this section commits a misdemeanor of the first
  276  degree, punishable as provided in s. 775.082 or s. 775.083.
  277         Section 6. Effective July 1, 2010, section 468.832, Florida
  278  Statutes, is amended to read:
  279         468.832 Disciplinary proceedings.—
  280         (1) The following acts constitute grounds for which the
  281  disciplinary actions in subsection (2) may be taken:
  282         (a) Violation of any provision of this part or s.
  283  455.227(1);
  284         (b) Attempting to procure a license to practice home
  285  inspection services by bribery or fraudulent misrepresentation;
  286         (c) Having a license to practice home inspection services
  287  revoked, suspended, or otherwise acted against, including the
  288  denial of licensure, by the licensing authority of another
  289  state, territory, or country;
  290         (d) Being convicted or found guilty of, or entering a plea
  291  of nolo contendere to, regardless of adjudication, a crime in
  292  any jurisdiction that directly relates to the practice of home
  293  inspection services or the ability to practice home inspection
  294  services;
  295         (e) Making or filing a report or record that the licensee
  296  knows to be false, willfully failing to file a report or record
  297  required by state or federal law, willfully impeding or
  298  obstructing such filing, or inducing another person to impede or
  299  obstruct such filing. Such reports or records shall include only
  300  those that are signed in the capacity of a licensed home
  301  inspector;
  302         (f) Advertising goods or services in a manner that is
  303  fraudulent, false, deceptive, or misleading in form or content;
  304         (g) Engaging in fraud or deceit, or negligence,
  305  incompetency, or misconduct, in the practice of home inspection
  306  services;
  307         (h) Failing to perform any statutory or legal obligation
  308  placed upon a licensed home inspector; violating any provision
  309  of this chapter, a rule of the department, or a lawful order of
  310  the department previously entered in a disciplinary hearing; or
  311  failing to comply with a lawfully issued subpoena of the
  312  department; or
  313         (i) Practicing on a revoked, suspended, inactive, or
  314  delinquent license.
  315         (2) When the department finds any licensee home inspector
  316  guilty of any of the grounds set forth in subsection (1), it may
  317  enter an order imposing one or more of the following penalties:
  318         (a) Denial of an application for licensure.
  319         (b) Revocation or suspension of a license.
  320         (c) Imposition of an administrative fine not to exceed
  321  $5,000 for each count or separate offense.
  322         (d) Issuance of a reprimand.
  323         (e) Placement of the home inspector on probation for a
  324  period of time and subject to such conditions as the department
  325  may specify.
  326         (f) Restriction of the authorized scope of practice by the
  327  home inspector.
  328         (3) In addition to any other sanction imposed under this
  329  part, in any final order that imposes sanctions, the department
  330  may assess costs related to the investigation and prosecution of
  331  the case.
  332         Section 7. Effective July 1, 2009, and notwithstanding
  333  section 4 of chapter 2007-236, section 468.8324, Florida
  334  Statutes, is amended to read:
  335         468.8324 Grandfather clause.—A person who performs home
  336  inspection services as defined in this part before July 1, 2010,
  337  may qualify to be licensed by the department as a home inspector
  338  if the person meets the licensure requirements of this part, and
  339  if the person: by July 1, 2010.
  340         (1)Has received compensation as a home inspector for not
  341  less than 1 year prior to July 1, 2010; or
  342         (2)Has performed no fewer than 50 home inspections and
  343  received compensation for such inspections prior to July 1,
  344  2010.
  345         Section 8. Effective July 1, 2010, subsection (1) of
  346  section 215.5586, Florida Statutes, is amended to read:
  347         215.5586 My Safe Florida Home Program.—There is established
  348  within the Department of Financial Services the My Safe Florida
  349  Home Program. The department shall provide fiscal
  350  accountability, contract management, and strategic leadership
  351  for the program, consistent with this section. This section does
  352  not create an entitlement for property owners or obligate the
  353  state in any way to fund the inspection or retrofitting of
  354  residential property in this state. Implementation of this
  355  program is subject to annual legislative appropriations. It is
  356  the intent of the Legislature that the My Safe Florida Home
  357  Program provide inspections for at least 400,000 site-built,
  358  single-family, residential properties and provide grants to at
  359  least 35,000 applicants before June 30, 2009. The program shall
  360  develop and implement a comprehensive and coordinated approach
  361  for hurricane damage mitigation that shall include the
  362  following:
  363         (1) HURRICANE MITIGATION INSPECTIONS.—
  364         (a) Free home-retrofit inspections of site-built, single
  365  family, residential property shall be offered throughout the
  366  state to determine what mitigation measures are needed, what
  367  insurance premium discounts may be available, and what
  368  improvements to existing residential properties are needed to
  369  reduce the property’s vulnerability to hurricane damage. The
  370  Department of Financial Services shall contract with wind
  371  certification entities to provide free hurricane mitigation
  372  inspections. The inspections provided to homeowners, at a
  373  minimum, must include:
  374         1. A home inspection and report that summarizes the results
  375  and identifies recommended improvements a homeowner may take to
  376  mitigate hurricane damage.
  377         2. A range of cost estimates regarding the recommended
  378  mitigation improvements.
  379         3. Insurer-specific information regarding premium discounts
  380  correlated to the current mitigation features and the
  381  recommended mitigation improvements identified by the
  382  inspection.
  383         4. A hurricane resistance rating scale specifying the
  384  home’s current as well as projected wind resistance
  385  capabilities. As soon as practical, the rating scale must be the
  386  uniform home grading scale adopted by the Financial Services
  387  Commission pursuant to s. 215.55865.
  388         (b) To qualify for selection by the department as a wind
  389  certification entity to provide hurricane mitigation
  390  inspections, the entity shall, at a minimum, meet the following
  391  requirements:
  392         1. Use hurricane mitigation inspectors who:
  393         a. Are certified as a building inspector under s. 468.607;
  394         b. Are licensed as a general or residential contractor
  395  under s. 489.111;
  396         c. Are licensed as a professional engineer under s. 471.015
  397  and who have passed the appropriate equivalency test of the
  398  Building Code Training Program as required by s. 553.841;
  399         d. Are licensed as a professional architect under s.
  400  481.213; or
  401         e.Are licensed home inspectors under s. 468.83; or
  402         f.e. Have at least 2 years of experience in residential
  403  construction or residential building inspection and have
  404  received specialized training in hurricane mitigation
  405  procedures. Such training may be provided by a class offered
  406  online or in person.
  407         2. Use hurricane mitigation inspectors who also:
  408         a. Have undergone drug testing and level 2 background
  409  checks pursuant to s. 435.04. The department may conduct
  410  criminal record checks of inspectors used by wind certification
  411  entities. Inspectors must submit a set of the fingerprints to
  412  the department for state and national criminal history checks
  413  and must pay the fingerprint processing fee set forth in s.
  414  624.501. The fingerprints shall be sent by the department to the
  415  Department of Law Enforcement and forwarded to the Federal
  416  Bureau of Investigation for processing. The results shall be
  417  returned to the department for screening. The fingerprints shall
  418  be taken by a law enforcement agency, designated examination
  419  center, or other department-approved entity; and
  420         b. Have been certified, in a manner satisfactory to the
  421  department, to conduct the inspections.
  422         3. Provide a quality assurance program including a
  423  reinspection component.
  424         (c) The department shall implement a quality assurance
  425  program that includes a statistically valid number of
  426  reinspections.
  427         (d) An application for an inspection must contain a signed
  428  or electronically verified statement made under penalty of
  429  perjury that the applicant has submitted only a single
  430  application for that home.
  431         (e) The owner of a site-built, single-family, residential
  432  property may apply for and receive an inspection without also
  433  applying for a grant pursuant to subsection (2) and without
  434  meeting the requirements of paragraph (2)(a).
  435         Section 9. Paragraph (a) of subsection (6) of section
  436  627.351, Florida Statutes, is amended to read:
  437         627.351 Insurance risk apportionment plans.—
  438         (6) CITIZENS PROPERTY INSURANCE CORPORATION.—
  439         (a)1. It is the public purpose of this subsection to ensure
  440  the existence of an orderly market for property insurance for
  441  Floridians and Florida businesses. The Legislature finds that
  442  private insurers are unwilling or unable to provide affordable
  443  property insurance coverage in this state to the extent sought
  444  and needed. The absence of affordable property insurance
  445  threatens the public health, safety, and welfare and likewise
  446  threatens the economic health of the state. The state therefore
  447  has a compelling public interest and a public purpose to assist
  448  in assuring that property in the state is insured and that it is
  449  insured at affordable rates so as to facilitate the remediation,
  450  reconstruction, and replacement of damaged or destroyed property
  451  in order to reduce or avoid the negative effects otherwise
  452  resulting to the public health, safety, and welfare, to the
  453  economy of the state, and to the revenues of the state and local
  454  governments which are needed to provide for the public welfare.
  455  It is necessary, therefore, to provide affordable property
  456  insurance to applicants who are in good faith entitled to
  457  procure insurance through the voluntary market but are unable to
  458  do so. The Legislature intends by this subsection that
  459  affordable property insurance be provided and that it continue
  460  to be provided, as long as necessary, through Citizens Property
  461  Insurance Corporation, a government entity that is an integral
  462  part of the state, and that is not a private insurance company.
  463  To that end, Citizens Property Insurance Corporation shall
  464  strive to increase the availability of affordable property
  465  insurance in this state, while achieving efficiencies and
  466  economies, and while providing service to policyholders,
  467  applicants, and agents which is no less than the quality
  468  generally provided in the voluntary market, for the achievement
  469  of the foregoing public purposes. Because it is essential for
  470  this government entity to have the maximum financial resources
  471  to pay claims following a catastrophic hurricane, it is the
  472  intent of the Legislature that Citizens Property Insurance
  473  Corporation continue to be an integral part of the state and
  474  that the income of the corporation be exempt from federal income
  475  taxation and that interest on the debt obligations issued by the
  476  corporation be exempt from federal income taxation.
  477         2. The Residential Property and Casualty Joint Underwriting
  478  Association originally created by this statute shall be known,
  479  as of July 1, 2002, as the Citizens Property Insurance
  480  Corporation. The corporation shall provide insurance for
  481  residential and commercial property, for applicants who are in
  482  good faith entitled, but are unable, to procure insurance
  483  through the voluntary market. The corporation shall operate
  484  pursuant to a plan of operation approved by order of the
  485  Financial Services Commission. The plan is subject to continuous
  486  review by the commission. The commission may, by order, withdraw
  487  approval of all or part of a plan if the commission determines
  488  that conditions have changed since approval was granted and that
  489  the purposes of the plan require changes in the plan. The
  490  corporation shall continue to operate pursuant to the plan of
  491  operation approved by the Office of Insurance Regulation until
  492  October 1, 2006. For the purposes of this subsection,
  493  residential coverage includes both personal lines residential
  494  coverage, which consists of the type of coverage provided by
  495  homeowner’s, mobile home owner’s, dwelling, tenant’s,
  496  condominium unit owner’s, and similar policies, and commercial
  497  lines residential coverage, which consists of the type of
  498  coverage provided by condominium association, apartment
  499  building, and similar policies.
  500         3. Effective January 1, 2009, a personal lines residential
  501  structure that has a dwelling replacement cost of $2 million or
  502  more, or a single condominium unit that has a combined dwelling
  503  and content replacement cost of $2 million or more is not
  504  eligible for coverage by the corporation. Such dwellings insured
  505  by the corporation on December 31, 2008, may continue to be
  506  covered by the corporation until the end of the policy term.
  507  However, such dwellings that are insured by the corporation and
  508  become ineligible for coverage due to the provisions of this
  509  subparagraph may reapply and obtain coverage if the property
  510  owner provides the corporation with a sworn affidavit from one
  511  or more insurance agents, on a form provided by the corporation,
  512  stating that the agents have made their best efforts to obtain
  513  coverage and that the property has been rejected for coverage by
  514  at least one authorized insurer and at least three surplus lines
  515  insurers. If such conditions are met, the dwelling may be
  516  insured by the corporation for up to 3 years, after which time
  517  the dwelling is ineligible for coverage. The office shall
  518  approve the method used by the corporation for valuing the
  519  dwelling replacement cost for the purposes of this subparagraph.
  520  If a policyholder is insured by the corporation prior to being
  521  determined to be ineligible pursuant to this subparagraph and
  522  such policyholder files a lawsuit challenging the determination,
  523  the policyholder may remain insured by the corporation until the
  524  conclusion of the litigation.
  525         4. It is the intent of the Legislature that policyholders,
  526  applicants, and agents of the corporation receive service and
  527  treatment of the highest possible level but never less than that
  528  generally provided in the voluntary market. It also is intended
  529  that the corporation be held to service standards no less than
  530  those applied to insurers in the voluntary market by the office
  531  with respect to responsiveness, timeliness, customer courtesy,
  532  and overall dealings with policyholders, applicants, or agents
  533  of the corporation.
  534         5. Effective January 1, 2009, a personal lines residential
  535  structure that is located in the “wind-borne debris region,” as
  536  defined in s. 1609.2, International Building Code (2006), and
  537  that has an insured value on the structure of $750,000 or more
  538  is not eligible for coverage by the corporation unless the
  539  structure has opening protections as required under the Florida
  540  Building Code for a newly constructed residential structure in
  541  that area. A residential structure shall be deemed to comply
  542  with the requirements of this subparagraph if it has shutters or
  543  opening protections on all openings and if such opening
  544  protections complied with the Florida Building Code at the time
  545  they were installed. Effective January 1, 2010, for personal
  546  lines residential property insured by the corporation that is
  547  located in the wind-borne debris region and has an insured value
  548  on the structure of $500,000 or more, a prospective purchaser of
  549  any such residential property must be provided by the seller a
  550  written disclosure that contains the structure’s windstorm
  551  mitigation rating based on the uniform home grading scale
  552  adopted under s. 215.55865. Such rating shall be provided to the
  553  purchaser at or before the time the purchaser executes a
  554  contract for sale and purchase.
  555         Section 10. Effective July 1, 2010, subsection (2) of
  556  section 627.711, Florida Statutes, is amended to read:
  557         627.711 Notice of premium discounts for hurricane loss
  558  mitigation; uniform mitigation verification inspection form.—
  559         (2) By July 1, 2007, The Financial Services Commission
  560  shall develop by rule a uniform mitigation verification
  561  inspection form that shall be used by all insurers when
  562  submitted by policyholders for the purpose of factoring
  563  discounts for wind insurance. In developing the form, the
  564  commission shall seek input from insurance, construction, and
  565  building code representatives. Further, the commission shall
  566  provide guidance as to the length of time the inspection results
  567  are valid. An insurer shall accept as valid a uniform mitigation
  568  verification form certified by the Department of Financial
  569  Services or signed by:
  570         (a) A hurricane mitigation inspector employed by an
  571  approved My Safe Florida Home wind certification entity;
  572         (b) A building code inspector certified under s. 468.607;
  573         (c) A general or residential contractor licensed under s.
  574  489.111;
  575         (d) A professional engineer licensed under s. 471.015 who
  576  has passed the appropriate equivalency test of the Building Code
  577  Training Program as required by s. 553.841; or
  578         (e) A professional architect licensed under s. 481.213; or.
  579         (f)A home inspector licensed under s. 468.83.
  580         Section 11. Subsection (6) of section 718.113, Florida
  581  Statutes, is repealed.
  582         Section 12. Subsections (2), (8), and (9) of section
  583  553.37, Florida Statutes, are amended, and section (12) is added
  584  to that section, to read:
  585         553.37 Rules; inspections; and insignia.—
  586         (2) The department shall adopt rules to address:
  587         (a) Procedures and qualifications for approval of third
  588  party plan review and inspection agencies and of those who
  589  perform inspections and plan reviews.
  590         (b) Investigation of consumer complaints of noncompliance
  591  of manufactured buildings with the Florida Building Code and the
  592  Florida Fire Prevention Code.
  593         (c) Issuance, cancellation, and revocation of any insignia
  594  issued by the department and procedures for auditing and
  595  accounting for disposition of them.
  596         (d) Monitoring the manufacturers’, inspection agencies’,
  597  and plan review agencies’ compliance with this part and the
  598  Florida Building Code. Monitoring may include, but is not
  599  limited to, performing audits of plans, inspections of
  600  manufacturing facilities and observation of the manufacturing
  601  and inspection process, and onsite inspections of buildings.
  602         (e) The performance by the department and its designees and
  603  contractors of any other functions required by this part.
  604         (8) The department, by rule, shall establish a schedule of
  605  fees to pay the cost of the administration and enforcement of
  606  this part. The rule may provide for manufacturers to pay fees to
  607  the administrator directly, including charges incurred for plans
  608  review and inspection services, via the Building Code
  609  Information System (BCIS) and for the administrator to disburse
  610  the funds as necessary.
  611         (9) The department may delegate its enforcement authority
  612  to a state department having building construction
  613  responsibilities or a local government, and may enter into
  614  contracts for the performance of its administrative duties under
  615  this part. The department may delegate its plan review and
  616  inspection authority to one or more of the following in any
  617  combination:
  618         (a) A state department having building construction
  619  responsibilities;
  620         (b) A local government;
  621         (c) An approved inspection agency;
  622         (d) An approved plan review agency; or
  623         (e) An agency of another state.
  624         (12)Custom or one-of-a-kind prototype manufactured
  625  buildings are not required to have state approval, but must be
  626  in complance with all local requirements of the governmental
  627  agency having jurisdiction at the installation site.
  628         Section 13. Section 553.375, Florida Statutes, is amended
  629  to read:
  630         553.375 Recertification of manufactured buildings.—Prior to
  631  the relocation to a site that has a higher design wind speed,
  632  modification, or change of occupancy of a manufactured building
  633  within the state, the manufacturer, dealer, or owner thereof may
  634  apply to the department for recertification of that manufactured
  635  building. The department shall, by rule, provide what
  636  information the applicant must submit for recertification and
  637  for plan review and inspection of such manufactured buildings
  638  and shall establish fees for recertification. Upon a
  639  determination by the department that the manufactured building
  640  complies with the applicable building codes, the department
  641  shall issue a recertification insignia. A manufactured building
  642  that bears recertification insignia does not require any
  643  additional approval by an enforcement jurisdiction in which the
  644  building is sold or installed, and is considered to comply with
  645  all applicable codes. As an alternative to recertification by
  646  the department, the manufacturer, dealer, or owner of a
  647  manufactured building may seek appropriate permitting and a
  648  certificate of occupancy from the local jurisdiction in
  649  accordance with procedures generally applicable under the
  650  Florida Building Code.
  651         Section 14. Subsections (7) and (9) of section 553.73,
  652  Florida Statutes, are amended, and subsection (14) is added to
  653  that section, to read:
  654         553.73 Florida Building Code.—
  655         (7) Notwithstanding the provisions of subsection (3) or
  656  subsection (6), the commission may address issues identified in
  657  this subsection by amending the code pursuant only to the rule
  658  adoption procedures contained in chapter 120. Provisions of the
  659  Florida Building Code, including those contained in referenced
  660  standards and criteria, relating to wind resistance or the
  661  prevention of water intrusion may not be amended pursuant to
  662  this subsection to diminish those construction requirements;
  663  however, the commission may, subject to conditions in this
  664  subsection, amend the provisions to enhance those construction
  665  requirements. Following the approval of any amendments to the
  666  Florida Building Code by the commission and publication of the
  667  amendments on the commission’s website, authorities having
  668  jurisdiction to enforce the Florida Building Code may enforce
  669  the amendments. The commission may approve amendments that are
  670  needed to address:
  671         (a) Conflicts within the updated code;
  672         (b) Conflicts between the updated code and the Florida Fire
  673  Prevention Code adopted pursuant to chapter 633;
  674         (c) The omission of previously adopted Florida-specific
  675  amendments to the updated code if such omission is not supported
  676  by a specific recommendation of a technical advisory committee
  677  or particular action by the commission;
  678         (d) Unintended results from the integration of previously
  679  adopted Florida-specific amendments with the model code;
  680         (e)Equivalency of standards;
  681         (f)The specific needs of state agencies when agency rules
  682  must be updated to reflect federal requirements relating to
  683  design criteria for public educational facilities and state
  684  licensed facilities;
  685         (g)(e) Changes to federal or state law; or
  686         (h)(f) Adoption of an updated edition of the National
  687  Electrical Code if the commission finds that delay of
  688  implementing the updated edition causes undue hardship to
  689  stakeholders or otherwise threatens the public health, safety,
  690  and welfare.
  691         (9) The following buildings, structures, and facilities are
  692  exempt from the Florida Building Code as provided by law, and
  693  any further exemptions shall be as determined by the Legislature
  694  and provided by law:
  695         (a) Buildings and structures specifically regulated and
  696  preempted by the Federal Government.
  697         (b) Railroads and ancillary facilities associated with the
  698  railroad.
  699         (c) Nonresidential farm buildings on farms.
  700         (d) Temporary buildings or sheds used exclusively for
  701  construction purposes.
  702         (e) Mobile or modular structures used as temporary offices,
  703  except that the provisions of part II relating to accessibility
  704  by persons with disabilities shall apply to such mobile or
  705  modular structures.
  706         (f) Those structures or facilities of electric utilities,
  707  as defined in s. 366.02, which are directly involved in the
  708  generation, transmission, or distribution of electricity.
  709         (g) Temporary sets, assemblies, or structures used in
  710  commercial motion picture or television production, or any
  711  sound-recording equipment used in such production, on or off the
  712  premises.
  713         (h) Storage sheds that are not designed for human
  714  habitation and that have a floor area of 720 square feet or less
  715  are not required to comply with the mandatory wind-borne-debris
  716  impact standards of the Florida Building Code.
  717         (i) Chickees constructed by the Miccosukee Tribe of Indians
  718  of Florida or the Seminole Tribe of Florida. As used in this
  719  paragraph, the term “chickee” means an open-sided wooden hut
  720  that has a thatched roof of palm or palmetto or other
  721  traditional materials, and that does not incorporate any
  722  electrical, plumbing, or other nonwood features.
  723         (j)Family mausoleums that are prefabricated and assembled
  724  on site, or preassembled and delivered on site; that have walls,
  725  roofs, and a floor constructed of granite, marble, or reinforced
  726  concrete; and that do not exceed 250 square feet in area.
  727  
  728  With the exception of paragraphs (a), (b), (c), and (f), in
  729  order to preserve the health, safety, and welfare of the public,
  730  the Florida Building Commission may, by rule adopted pursuant to
  731  chapter 120, provide for exceptions to the broad categories of
  732  buildings exempted in this section, including exceptions for
  733  application of specific sections of the code or standards
  734  adopted therein. The Department of Agriculture and Consumer
  735  Services shall have exclusive authority to adopt by rule,
  736  pursuant to chapter 120, exceptions to nonresidential farm
  737  buildings exempted in paragraph (c) when reasonably necessary to
  738  preserve public health, safety, and welfare. The exceptions must
  739  be based upon specific criteria, such as under-roof floor area,
  740  aggregate electrical service capacity, HVAC system capacity, or
  741  other building requirements. Further, the commission may
  742  recommend to the Legislature additional categories of buildings,
  743  structures, or facilities which should be exempted from the
  744  Florida Building Code, to be provided by law. The Florida
  745  Building Code does not apply to temporary housing provided by
  746  the Department of Corrections to any prisoner in the state
  747  correctional system.
  748         (14)The Florida Building Code may not require that an
  749  existing air conditioning system installed on the surface of a
  750  roof as of July 1, 2009, be raised 18 inches up from the surface
  751  on which it is installed until such time as the system is
  752  replaced, and an agency or local government having authority to
  753  enforce the Florida Building Code or a local building code may
  754  not require otherwise.
  755         Section 15. Subsection (2) of section 553.76, Florida
  756  Statutes, is amended to read:
  757         553.76 General powers of the commission.—The commission is
  758  authorized to:
  759         (2) Issue memoranda of procedure for its internal
  760  management and control. The commission may adopt rules related
  761  to its consensus-based decisionmaking process, including, but
  762  not limited to, super majority voting requirements for
  763  commission actions relating to the adoption of amendments to or
  764  the adoption of the Florida Building Code.
  765         Section 16. Subsection (4) of section 553.775, Florida
  766  Statutes, is amended to read:
  767         553.775 Interpretations.—
  768         (4) In order to administer this section, the commission may
  769  adopt by rule and impose a fee for binding and nonbinding
  770  interpretations to recoup the cost of the proceedings which may
  771  not exceed $250 for each request for a review or interpretation.
  772  For proceedings conducted by or in coordination with a third
  773  party, the rule may provide that payment be made directly to the
  774  third party, who shall remit to the department that portion of
  775  the fee necessary to cover the costs of the department.
  776         Section 17. Subsection (9) of section 553.79, Florida
  777  Statutes, is amended to read:
  778         553.79 Permits; applications; issuance; inspections.—
  779         (9) Any state agency whose enabling legislation authorizes
  780  it to enforce provisions of the Florida Building Code may enter
  781  into an agreement with any other unit of government to delegate
  782  its responsibility to enforce those provisions and may expend
  783  public funds for permit and inspection fees, which fees may be
  784  no greater than the fees charged others. Inspection services
  785  that are not required to be performed by a state agency under a
  786  federal delegation of responsibility or by a state agency under
  787  the Florida Building Code must be performed under the
  788  alternative plans review and inspection process created in s.
  789  553.791 or by a local governmental entity having authority to
  790  enforce the Florida Building Code.
  791         Section 18. Section 553.841, Florida Statutes, is amended
  792  to read:
  793         553.841 Building code compliance and mitigation program.—
  794         (1) The Legislature finds that knowledge and understanding
  795  by persons licensed in the design and construction industries of
  796  the importance and need for complying with the Florida Building
  797  Code is vital to the public health, safety, and welfare of this
  798  state, especially for mitigating damage caused by hurricanes to
  799  residents and visitors to the state. The Legislature further
  800  finds that the Florida Building Code can be effective only if
  801  all participants in the design and construction industries
  802  maintain a thorough knowledge of the code and additions thereto
  803  which improve construction standards to protect against storm
  804  and other damage. Consequently, the Legislature finds that there
  805  is a need for a program to provide ongoing education and
  806  outreach activities concerning compliance with the Florida
  807  Building Code and hurricane mitigation.
  808         (2) The Department of Community Affairs shall administer a
  809  program, designated as the Florida Building Code Compliance and
  810  Mitigation Program, to develop, coordinate, and maintain
  811  education and outreach to persons required to comply with the
  812  Florida Building Code and ensure consistent education, training,
  813  and communication of the code’s requirements, including, but not
  814  limited to, methods for mitigation of storm-related damage. The
  815  program shall also operate a clearinghouse through which design,
  816  construction, and building code enforcement licensees,
  817  suppliers, and consumers in this state may find others in order
  818  to exchange information relating to mitigation and facilitate
  819  repairs in the aftermath of a natural disaster.
  820         (3) All services and materials under the Florida Building
  821  Code Compliance and Mitigation Program must be provided by a
  822  private, nonprofit corporation under contract with the
  823  department. The term of the contract shall be for 4 years, with
  824  the option of one 4-year renewal at the end of the contract
  825  term. The initial contract must be in effect no later than
  826  November 1, 2007. The private, nonprofit corporation must be an
  827  organization whose membership includes trade and professional
  828  organizations whose members consist primarily of persons and
  829  entities that are required to comply with the Florida Building
  830  Code and that are licensed under part XII of chapter 468,
  831  chapter 471, chapter 481, or chapter 489. When selecting the
  832  private, nonprofit corporation for the program, the department
  833  must give primary consideration to the corporation’s
  834  demonstrated experience and the ability to:
  835         (a) Develop and deliver building code-related education,
  836  training, and outreach;
  837         (b) Directly access the majority of persons licensed in the
  838  occupations of design, construction, and building code
  839  enforcement individually and through established statewide trade
  840  and professional association networks;
  841         (c) Serve as a clearinghouse to deliver education and
  842  outreach throughout the state. The clearinghouse must serve as a
  843  focal point at which persons licensed to design, construct, and
  844  enforce building codes and suppliers and consumers can find each
  845  other in order to exchange information relating to mitigation
  846  and facilitate repairs in the aftermath of a natural disaster;
  847         (d) Accept input from the Florida Building Commission,
  848  licensing regulatory boards, local building departments, and the
  849  design and construction industries in order to improve its
  850  education and outreach programs; and
  851         (e) Promote design and construction techniques and
  852  materials for mitigating hurricane damage at a Florida-based
  853  trade conference that includes participants from the broadest
  854  possible range of design and construction trades and
  855  professions, including from those private and public sector
  856  entities having jurisdiction over building codes and design and
  857  construction licensure.
  858         (4) The department, in administering the Florida Building
  859  Code Compliance and Mitigation Program, shall maintain, update,
  860  develop, or cause to be developed,:
  861         (a)A core curriculum that is prerequisite to the advanced
  862  module coursework.
  863         (b) advanced modules designed for use by each profession.
  864         (c)The core curriculum developed under this subsection
  865  must be submitted to the Department of Business and Professional
  866  Regulation for approval. Advanced modules developed under this
  867  paragraph must be approved by the commission and submitted to
  868  the respective boards for approval.
  869         (5)The core curriculum shall cover the information
  870  required to have all categories of participants appropriately
  871  informed as to their technical and administrative
  872  responsibilities in the effective execution of the code process
  873  by all individuals currently licensed under part XII of chapter
  874  468, chapter 471, chapter 481, or chapter 489, except as
  875  otherwise provided in s. 471.017. The core curriculum shall be
  876  prerequisite to the advanced module coursework for all licensees
  877  and shall be completed by individuals licensed in all categories
  878  under part XII of chapter 468, chapter 471, chapter 481, or
  879  chapter 489 within the first 2-year period after initial
  880  licensure. Core course hours taken by licensees to complete this
  881  requirement shall count toward fulfillment of required
  882  continuing education units under part XII of chapter 468,
  883  chapter 471, chapter 481, or chapter 489.
  884         (5)(6) Each biennium, upon receipt of funds by the
  885  Department of Community Affairs from the Construction Industry
  886  Licensing Board and the Electrical Contractors’ Licensing Board
  887  provided under ss. 489.109(3) and 489.509(3), the department
  888  shall determine the amount of funds available for the Florida
  889  Building Code Compliance and Mitigation Program.
  890         (6)(7) If the projects provided through the Florida
  891  Building Code Compliance and Mitigation Program in any state
  892  fiscal year do not require the use of all available funds, the
  893  unused funds shall be carried forward and allocated for use
  894  during the following fiscal year.
  895         (7)(8) The Florida Building Commission shall provide by
  896  rule for the accreditation of courses related to the Florida
  897  Building Code by accreditors approved by the commission. The
  898  commission shall establish qualifications of accreditors and
  899  criteria for the accreditation of courses by rule. The
  900  commission may revoke the accreditation of a course by an
  901  accreditor if the accreditation is demonstrated to violate this
  902  part or the rules of the commission.
  903         (8)(9) This section does not prohibit or limit the subject
  904  areas or development of continuing education or training on the
  905  Florida Building Code by any qualified entity.
  906         Section 19. Subsections (1), (5), (8), and (17) of section
  907  553.842, Florida Statutes, are amended to read:
  908         553.842 Product evaluation and approval.—
  909         (1) The commission shall adopt rules under ss. 120.536(1)
  910  and 120.54 to develop and implement a product evaluation and
  911  approval system that applies statewide to operate in
  912  coordination with the Florida Building Code. The commission may
  913  enter into contracts to provide for administration of the
  914  product evaluation and approval system. The commission’s rules
  915  and any applicable contract may provide that payment of fees
  916  related to approvals be made directly to the administrator, who
  917  shall remit to the department that portion of the fee necessary
  918  to cover the department’s costs. The product evaluation and
  919  approval system shall provide:
  920         (a) Appropriate promotion of innovation and new
  921  technologies.
  922         (b) Processing submittals of products from manufacturers in
  923  a timely manner.
  924         (c) Independent, third-party qualified and accredited
  925  testing and laboratory facilities, product evaluation entities,
  926  quality assurance agencies, certification agencies, and
  927  validation entities.
  928         (d) An easily accessible product acceptance list to
  929  entities subject to the Florida Building Code.
  930         (e) Development of stringent but reasonable testing
  931  criteria based upon existing consensus standards, when
  932  available, for products.
  933         (f) Long-term approvals, where feasible. State and local
  934  approvals will be valid until the requirements of the code on
  935  which the approval is based change, the product changes in a
  936  manner affecting its performance as required by the code, or the
  937  approval is revoked.
  938         (g) Criteria for revocation of a product approval.
  939         (h) Cost-effectiveness.
  940         (5) Statewide approval of products, methods, or systems of
  941  construction may be achieved by one of the following methods.
  942  One of these methods must be used by the commission to approve
  943  the following categories of products: panel walls, exterior
  944  doors, roofing, skylights, windows, shutters, and structural
  945  components as established by the commission by rule.
  946         (a) Products for which the code establishes standardized
  947  testing or comparative or rational analysis methods shall be
  948  approved by submittal and validation of one of the following
  949  reports or listings indicating that the product or method or
  950  system of construction was evaluated to be in compliance with
  951  the Florida Building Code and that the product or method or
  952  system of construction is, for the purpose intended, at least
  953  equivalent to that required by the Florida Building Code:
  954         1. A certification mark or listing of an approved
  955  certification agency, which may be used only for products for
  956  which the code designates standardized testing;
  957         2. A test report from an approved testing laboratory;
  958         3. A product evaluation report based upon testing or
  959  comparative or rational analysis, or a combination thereof, from
  960  an approved product evaluation entity; or
  961         4. A product evaluation report based upon testing or
  962  comparative or rational analysis, or a combination thereof,
  963  developed and signed and sealed by a professional engineer or
  964  architect, licensed in this state.
  965  
  966  A product evaluation report or a certification mark or listing
  967  of an approved certification agency which demonstrates that the
  968  product or method or system of construction complies with the
  969  Florida Building Code for the purpose intended shall be
  970  equivalent to a test report and test procedure as referenced in
  971  the Florida Building Code. An application for state approval of
  972  a product under subparagraph 1. shall be approved by the
  973  department after the commission staff or a designee verifies
  974  within 10 days after receipt that the application and related
  975  documentation are complete. Upon approval by the department, the
  976  product shall be immediately added to the list of state-approved
  977  products maintained under subsection (13). Approvals by the
  978  department shall be reviewed and ratified by the commission’s
  979  program oversight committee except for a showing of good cause.
  980         (b) Products, methods, or systems of construction for which
  981  there are no specific standardized testing or comparative or
  982  rational analysis methods established in the code may be
  983  approved by submittal and validation of one of the following:
  984         1. A product evaluation report based upon testing or
  985  comparative or rational analysis, or a combination thereof, from
  986  an approved product evaluation entity indicating that the
  987  product or method or system of construction was evaluated to be
  988  in compliance with the intent of the Florida Building Code and
  989  that the product or method or system of construction is, for the
  990  purpose intended, at least equivalent to that required by the
  991  Florida Building Code; or
  992         2. A product evaluation report based upon testing or
  993  comparative or rational analysis, or a combination thereof,
  994  developed and signed and sealed by a professional engineer or
  995  architect, licensed in this state, who certifies that the
  996  product or method or system of construction is, for the purpose
  997  intended, at least equivalent to that required by the Florida
  998  Building Code.
  999         (8) The commission may adopt rules to approve the following
 1000  types of entities that produce information on which product
 1001  approvals are based. All of the following entities, including
 1002  engineers and architects, must comply with a nationally
 1003  recognized standard demonstrating independence or no conflict of
 1004  interest:
 1005         (a) Evaluation entities that meet the criteria for approval
 1006  adopted by the commission by rule. The commission shall
 1007  specifically approve the National Evaluation Service, the
 1008  International Association of Plumbing and Mechanical Officials
 1009  Evaluation Service the International Conference of Building
 1010  Officials Evaluation Services, the International Code Council
 1011  Evaluation Services, the Building Officials and Code
 1012  Administrators International Evaluation Services, the Southern
 1013  Building Code Congress International Evaluation Services, and
 1014  the Miami-Dade County Building Code Compliance Office Product
 1015  Control. Architects and engineers licensed in this state are
 1016  also approved to conduct product evaluations as provided in
 1017  subsection (5).
 1018         (b) Testing laboratories accredited by national
 1019  organizations, such as A2LA and the National Voluntary
 1020  Laboratory Accreditation Program, laboratories accredited by
 1021  evaluation entities approved under paragraph (a), and
 1022  laboratories that comply with other guidelines for testing
 1023  laboratories selected by the commission and adopted by rule.
 1024         (c) Quality assurance entities approved by evaluation
 1025  entities approved under paragraph (a) and by certification
 1026  agencies approved under paragraph (d) and other quality
 1027  assurance entities that comply with guidelines selected by the
 1028  commission and adopted by rule.
 1029         (d) Certification agencies accredited by nationally
 1030  recognized accreditors and other certification agencies that
 1031  comply with guidelines selected by the commission and adopted by
 1032  rule.
 1033         (e) Validation entities that comply with accreditation
 1034  standards established by the commission by rule.
 1035         (17)(a)The Florida Building Commission shall review the
 1036  list of evaluation entities in subsection (8) and, in the annual
 1037  report required under s. 553.77, shall either recommend
 1038  amendments to the list to add evaluation entities the commission
 1039  determines should be authorized to perform product evaluations
 1040  or shall report on the criteria adopted by rule or to be adopted
 1041  by rule allowing the commission to approve evaluation entities
 1042  that use the commission’s product evaluation process. If the
 1043  commission adopts criteria by rule, the rulemaking process must
 1044  be completed by July 1, 2009.
 1045         (b)Notwithstanding paragraph (8)(a), the International
 1046  Association of Plumbing and Mechanical Officials Evaluation
 1047  Services is approved as an evaluation entity until October 1,
 1048  2009. If the association does not obtain permanent approval by
 1049  the commission as an evaluation entity by October 1, 2009,
 1050  products approved on the basis of an association evaluation must
 1051  be substituted by an alternative, approved entity by December
 1052  31, 2009, and on January 1, 2010, any product approval issued by
 1053  the commission based on an association evaluation is void.
 1054         Section 20. Subsection (4) is added to section 553.844,
 1055  Florida Statutes, to read:
 1056         553.844 Windstorm loss mitigation; requirements for roofs
 1057  and opening protection.—
 1058         (4)Notwithstanding the provisions of this section, exposed
 1059  mechanical equipment or appliances fastened to rated stands,
 1060  platforms, curbs, or slabs are deemed to comply with the wind
 1061  resistance requirements for wind-borne debris regions as defined
 1062  in s. 1609.2, Buildings Volume, 2007 Florida Building Code, as
 1063  amended, and no further support or enclosure may be required by
 1064  a state or local official having authority to enforce the
 1065  Florida Building Code.
 1066         Section 21. Section 553.885, Florida Statutes, is amended
 1067  to read:
 1068         553.885 Carbon monoxide alarm required.—
 1069         (1) Every separate building or addition to an existing
 1070  building, other than a hospital, an inpatient hospice facility,
 1071  or a nursing home facility licensed by the Agency for Health
 1072  Care Administration, constructed for which a building permit is
 1073  issued for new construction on or after July 1, 2008, and having
 1074  a fossil-fuel-burning heater or appliance, a fireplace, or an
 1075  attached garage, or other feature, fixture, or element that
 1076  emits carbon monoxide as a byproduct of combustion shall have an
 1077  approved operational carbon monoxide alarm installed within 10
 1078  feet of each room used for sleeping purposes in the new building
 1079  or addition, or at such other locations as required by the
 1080  Florida Building Code. The requirements of this subsection may
 1081  be satisfied with the installation of a battery-powered carbon
 1082  monoxide alarm or a battery-powered combination carbon monoxide
 1083  and smoke alarm. For a new hospital, an inpatient hospice
 1084  facility, or a nursing home facility licensed by the Agency for
 1085  Health Care Administration, an approved operational carbon
 1086  monoxide detector shall be installed inside or directly outside
 1087  of each room or area within the hospital or facility where a
 1088  fossil-fuel-burning heater, engine, or appliance is located.
 1089  This detector shall be connected to the fire alarm system of the
 1090  hospital or facility as a supervisory signal. This subsection
 1091  does not apply to existing buildings that are undergoing
 1092  alterations or repairs unless the alteration is an addition as
 1093  defined in subsection (3).
 1094         (2) The Florida Building Commission shall adopt rules to
 1095  administer this section and shall incorporate such requirements
 1096  into its next revision of the Florida Building Code.
 1097         (3) As used in this section, the term:
 1098         (a) “Carbon monoxide alarm” means a device that is meant
 1099  for the purpose of detecting carbon monoxide, that produces a
 1100  distinct audible alarm, and that meets the requirements of and
 1101  is approved by the Florida Building Commission.
 1102         (b) “Fossil fuel” means coal, kerosene, oil, fuel gases, or
 1103  other petroleum or hydrocarbon product that emits carbon
 1104  monoxide as a by-product of combustion.
 1105         (c)“Addition” means an extension or increase in floor
 1106  area, number of stories, or height of a building or structure.
 1107         Section 22. Subsection (2) of section 553.9061, Florida
 1108  Statutes, is amended to read:
 1109         553.9061 Scheduled increases in thermal efficiency
 1110  standards.—
 1111         (2) The Florida Building Commission shall identify within
 1112  code support and compliance documentation the specific building
 1113  options and elements available to meet the energy performance
 1114  goals established in subsection (1). Energy efficiency
 1115  performance options and elements include, but are not limited
 1116  to:
 1117         (a) Energy-efficient water heating systems, including solar
 1118  water heating.
 1119         (b) Energy-efficient appliances.
 1120         (c) Energy-efficient windows, doors, and skylights.
 1121         (d) Low solar-absorption roofs, also known as “cool roofs.”
 1122         (e) Enhanced ceiling and wall insulation.
 1123         (f) Reduced-leak duct systems and energy-saving devices and
 1124  features installed within duct systems.
 1125         (g) Programmable thermostats.
 1126         (h) Energy-efficient lighting systems.
 1127         (i)Energy-saving quality installation procedures for
 1128  replacement air conditioning systems, including, but not limited
 1129  to, equipment sizing analysis and duct testing.
 1130         (j)Shading devices, sunscreening materials, and overhangs.
 1131         (k)Weatherstripping, caulking, and sealing of exterior
 1132  openings and penetrations.
 1133         Section 23. Section 553.912, Florida Statutes, is amended
 1134  to read:
 1135         553.912 Air conditioners.—All air conditioners that which
 1136  are sold or installed in the state shall meet the minimum
 1137  efficiency ratings of the Florida Energy Efficiency Code for
 1138  Building Construction. These efficiency ratings shall be
 1139  minimums and may be updated in the Florida Energy Efficiency
 1140  Code for Building Construction by the department in accordance
 1141  with s. 553.901, following its determination that more cost
 1142  effective energy-saving equipment and techniques are available.
 1143  All replacement air conditioning systems shall be installed
 1144  using energy-saving quality installation procedures, including,
 1145  but not limited to, equipment sizing analysis and duct testing.
 1146         Section 24. Paragraph (d) of subsection (3) of section
 1147  468.609, Florida Statutes, is amended to read:
 1148         468.609 Administration of this part; standards for
 1149  certification; additional categories of certification.—
 1150         (3) A person may take the examination for certification as
 1151  a building code administrator pursuant to this part if the
 1152  person:
 1153         (d)After the building code training program is established
 1154  under s. 553.841, demonstrates successful completion of the core
 1155  curriculum approved by the Florida Building Commission,
 1156  appropriate to the licensing category sought.
 1157         Section 25. Subsection (6) of section 468.627, Florida
 1158  Statutes, is repealed.
 1159         Section 26. Section 471.0195, Florida Statutes, is amended
 1160  to read:
 1161         471.0195 Florida Building Code training for engineers.—All
 1162  licensees actively participating in the design of engineering
 1163  works or systems in connection with buildings, structures, or
 1164  facilities and systems covered by the Florida Building Code
 1165  shall take continuing education courses and submit proof to the
 1166  board, at such times and in such manner as established by the
 1167  board by rule, that the licensee has completed the core
 1168  curriculum courses and any specialized or advanced courses on
 1169  any portion of the Florida Building Code applicable to the
 1170  licensee’s area of practice or has passed the appropriate
 1171  equivalency test of the Building Code Training Program as
 1172  required by s. 553.841. The board shall record reported
 1173  continuing education courses on a system easily accessed by code
 1174  enforcement jurisdictions for evaluation when determining
 1175  license status for purposes of processing design documents.
 1176  Local jurisdictions shall be responsible for notifying the board
 1177  when design documents are submitted for building construction
 1178  permits by persons who are not in compliance with this section.
 1179  The board shall take appropriate action as provided by its rules
 1180  when such noncompliance is determined to exist.
 1181         Section 27. Subsection (5) of section 481.215, Florida
 1182  Statutes, is repealed.
 1183         Section 28. Subsection (5) of section 481.313, Florida
 1184  Statutes, is repealed.
 1185         Section 29. Paragraph (b) of subsection (4) of section
 1186  489.115, Florida Statutes, is amended to read:
 1187         489.115 Certification and registration; endorsement;
 1188  reciprocity; renewals; continuing education.—
 1189         (4)
 1190         (b)1. Each certificateholder or registrant shall provide
 1191  proof, in a form established by rule of the board, that the
 1192  certificateholder or registrant has completed at least 14
 1193  classroom hours of at least 50 minutes each of continuing
 1194  education courses during each biennium since the issuance or
 1195  renewal of the certificate or registration. The board shall
 1196  establish by rule that a portion of the required 14 hours must
 1197  deal with the subject of workers’ compensation, business
 1198  practices, workplace safety, and, for applicable licensure
 1199  categories, wind mitigation methodologies, and 1 hour of which
 1200  must deal with laws and rules. The board shall by rule establish
 1201  criteria for the approval of continuing education courses and
 1202  providers, including requirements relating to the content of
 1203  courses and standards for approval of providers, and may by rule
 1204  establish criteria for accepting alternative nonclassroom
 1205  continuing education on an hour-for-hour basis. The board shall
 1206  prescribe by rule the continuing education, if any, which is
 1207  required during the first biennium of initial licensure. A
 1208  person who has been licensed for less than an entire biennium
 1209  must not be required to complete the full 14 hours of continuing
 1210  education.
 1211         2. In addition, the board may approve specialized
 1212  continuing education courses on compliance with the wind
 1213  resistance provisions for one and two family dwellings contained
 1214  in the Florida Building Code and any alternate methodologies for
 1215  providing such wind resistance which have been approved for use
 1216  by the Florida Building Commission. Division I
 1217  certificateholders or registrants who demonstrate proficiency
 1218  upon completion of such specialized courses may certify plans
 1219  and specifications for one and two family dwellings to be in
 1220  compliance with the code or alternate methodologies, as
 1221  appropriate, except for dwellings located in floodways or
 1222  coastal hazard areas as defined in ss. 60.3D and E of the
 1223  National Flood Insurance Program.
 1224         3.Each certificateholder or registrant shall provide to
 1225  the board proof of completion of the core curriculum courses, or
 1226  passing the equivalency test of the Building Code Training
 1227  Program established under s. 553.841, specific to the licensing
 1228  category sought, within 2 years after commencement of the
 1229  program or of initial certification or registration, whichever
 1230  is later. Classroom hours spent taking core curriculum courses
 1231  shall count toward the number required for renewal of
 1232  certificates or registration. A certificateholder or registrant
 1233  who passes the equivalency test in lieu of taking the core
 1234  curriculum courses shall receive full credit for core curriculum
 1235  course hours.
 1236         3.4. The board shall require, by rule adopted pursuant to
 1237  ss. 120.536(1) and 120.54, a specified number of hours in
 1238  specialized or advanced module courses, approved by the Florida
 1239  Building Commission, on any portion of the Florida Building
 1240  Code, adopted pursuant to part IV of chapter 553, relating to
 1241  the contractor’s respective discipline.
 1242         Section 30. Subsection (1) of section 489.1455, Florida
 1243  Statutes, is amended to read:
 1244         489.1455 Journeyman; reciprocity; standards.—
 1245         (1) An individual who holds a valid, active journeyman
 1246  license in the plumbing/pipe fitting, mechanical, or HVAC trades
 1247  issued by any county or municipality in this state may work as a
 1248  journeyman in the trade in which he or she is licensed in any
 1249  county or municipality of this state without taking an
 1250  additional examination or paying an additional license fee, if
 1251  he or she:
 1252         (a) Has scored at least 70 percent, or after October 1,
 1253  1997, at least 75 percent, on a proctored journeyman Block and
 1254  Associates examination or other proctored examination approved
 1255  by the board for the trade in which he or she is licensed;
 1256         (b) Has completed an apprenticeship program registered with
 1257  the Department of Labor and Employment Security and demonstrates
 1258  4 years’ verifiable practical experience in the trade for which
 1259  he or she is licensed, or demonstrates 6 years’ verifiable
 1260  practical experience in the trade for which he or she is
 1261  licensed;
 1262         (c) Has satisfactorily completed specialized and advanced
 1263  module coursework approved by the Florida Building Commission,
 1264  as part of the Building Code Training Program established in s.
 1265  553.841, specific to the discipline, and successfully completed
 1266  the program’s core curriculum courses or passed an equivalency
 1267  test in lieu of taking the core curriculum courses and provided
 1268  proof of completion of such curriculum courses or examination
 1269  and obtained a certificate from the board pursuant to this part
 1270  or, pursuant to authorization by the certifying authority,
 1271  provides proof of completion of such curriculum or coursework
 1272  within 6 months after such certification; and
 1273         (d) Has not had a license suspended or revoked within the
 1274  last 5 years.
 1275         Section 31. Subsection (3) of section 489.517, Florida
 1276  Statutes, is amended to read:
 1277         489.517 Renewal of certificate or registration; continuing
 1278  education.—
 1279         (3)(a) Each certificateholder or registrant shall provide
 1280  proof, in a form established by rule of the board, that the
 1281  certificateholder or registrant has completed at least 14
 1282  classroom hours of at least 50 minutes each of continuing
 1283  education courses during each biennium since the issuance or
 1284  renewal of the certificate or registration. The board shall by
 1285  rule establish criteria for the approval of continuing education
 1286  courses and providers and may by rule establish criteria for
 1287  accepting alternative nonclassroom continuing education on an
 1288  hour-for-hour basis.
 1289         (b)Each certificateholder or registrant shall provide to
 1290  the board proof of completion of the core curriculum courses or
 1291  passing the equivalency test of the Building Code Training
 1292  Program established under s. 553.841, specific to the licensing
 1293  category sought, within 2 years after commencement of the
 1294  program or of initial certification or registration, whichever
 1295  is later. Classroom hours spent taking core curriculum courses
 1296  shall count toward the number required for renewal of
 1297  certificate or registration. A certificateholder or registrant
 1298  who passes the equivalency test in lieu of taking the core
 1299  curriculum courses shall receive full credit for core curriculum
 1300  course hours.
 1301         Section 32. For the purpose of incorporating the amendment
 1302  made by this act to section 553.79, Florida Statutes, in a
 1303  reference thereto, subsection (1) of section 553.80, Florida
 1304  Statutes, is reenacted to read:
 1305         553.80 Enforcement.—
 1306         (1) Except as provided in paragraphs (a)-(g), each local
 1307  government and each legally constituted enforcement district
 1308  with statutory authority shall regulate building construction
 1309  and, where authorized in the state agency’s enabling
 1310  legislation, each state agency shall enforce the Florida
 1311  Building Code required by this part on all public or private
 1312  buildings, structures, and facilities, unless such
 1313  responsibility has been delegated to another unit of government
 1314  pursuant to s. 553.79(9).
 1315         (a) Construction regulations relating to correctional
 1316  facilities under the jurisdiction of the Department of
 1317  Corrections and the Department of Juvenile Justice are to be
 1318  enforced exclusively by those departments.
 1319         (b) Construction regulations relating to elevator equipment
 1320  under the jurisdiction of the Bureau of Elevators of the
 1321  Department of Business and Professional Regulation shall be
 1322  enforced exclusively by that department.
 1323         (c) In addition to the requirements of s. 553.79 and this
 1324  section, facilities subject to the provisions of chapter 395 and
 1325  part II of chapter 400 shall have facility plans reviewed and
 1326  construction surveyed by the state agency authorized to do so
 1327  under the requirements of chapter 395 and part II of chapter 400
 1328  and the certification requirements of the Federal Government.
 1329         (d) Building plans approved under s. 553.77(3) and state
 1330  approved manufactured buildings, including buildings
 1331  manufactured and assembled offsite and not intended for
 1332  habitation, such as lawn storage buildings and storage sheds,
 1333  are exempt from local code enforcing agency plan reviews except
 1334  for provisions of the code relating to erection, assembly, or
 1335  construction at the site. Erection, assembly, and construction
 1336  at the site are subject to local permitting and inspections.
 1337  Lawn storage buildings and storage sheds bearing the insignia of
 1338  approval of the department are not subject to s. 553.842. Such
 1339  buildings that do not exceed 400 square feet may be delivered
 1340  and installed without need of a contractor’s or specialty
 1341  license.
 1342         (e) Construction regulations governing public schools,
 1343  state universities, and community colleges shall be enforced as
 1344  provided in subsection (6).
 1345         (f) The Florida Building Code as it pertains to toll
 1346  collection facilities under the jurisdiction of the turnpike
 1347  enterprise of the Department of Transportation shall be enforced
 1348  exclusively by the turnpike enterprise.
 1349         (g) Construction regulations relating to secure mental
 1350  health treatment facilities under the jurisdiction of the
 1351  Department of Children and Family Services shall be enforced
 1352  exclusively by the department in conjunction with the Agency for
 1353  Health Care Administration’s review authority under paragraph
 1354  (c).
 1355  
 1356  The governing bodies of local governments may provide a schedule
 1357  of fees, as authorized by s. 125.56(2) or s. 166.222 and this
 1358  section, for the enforcement of the provisions of this part.
 1359  Such fees shall be used solely for carrying out the local
 1360  government’s responsibilities in enforcing the Florida Building
 1361  Code. The authority of state enforcing agencies to set fees for
 1362  enforcement shall be derived from authority existing on July 1,
 1363  1998. However, nothing contained in this subsection shall
 1364  operate to limit such agencies from adjusting their fee schedule
 1365  in conformance with existing authority.
 1366         Section 33. Paragraph (b) of subsection (3) of section
 1367  633.0215, Florida Statutes, is amended, and subsection (13) is
 1368  added to that section, to read:
 1369         633.0215 Florida Fire Prevention Code.—
 1370         (3) No later than 180 days before the triennial adoption of
 1371  the Florida Fire Prevention Code, the State Fire Marshal shall
 1372  notify each municipal, county, and special district fire
 1373  department of the triennial code adoption and steps necessary
 1374  for local amendments to be included within the code. No later
 1375  than 120 days before the triennial adoption of the Florida Fire
 1376  Prevention Code, each local jurisdiction shall provide the State
 1377  Fire Marshal with copies of its local fire code amendments. The
 1378  State Fire Marshal has the option to process local fire code
 1379  amendments that are received less than 120 days before the
 1380  adoption date of the Florida Fire Prevention Code.
 1381         (b) Any local amendment to the Florida Fire Prevention Code
 1382  adopted by a local government shall be effective only until the
 1383  adoption of the new edition of the Florida Fire Prevention Code,
 1384  which shall be every third year. At such time, the State Fire
 1385  Marshal shall adopt such amendment as part of the Florida Fire
 1386  Prevention Code or rescind the amendment. The State Fire Marshal
 1387  shall immediately notify the respective local government of the
 1388  rescission of the amendment and the reason for the rescission.
 1389  After receiving such notice, the respective local government may
 1390  readopt the rescinded amendment. Incorporation of local
 1391  amendments as regional and local concerns and variations shall
 1392  be considered as adoption of an amendment pursuant to this
 1393  section part.
 1394         (13)The State Fire Marshal shall issue an expedited
 1395  declaratory statement relating to interpretations of provisions
 1396  of the Florida Fire Prevention Code according to the following
 1397  guidelines:
 1398         (a)The declaratory statement shall be rendered in
 1399  accordance with s. 120.565, except that:
 1400         1.Receipt by the Division of State Fire Marshal of a
 1401  petition need not be published in the Florida Administrative
 1402  Weekly; and
 1403         2.A final decision shall be issued by the State Fire
 1404  Marshal within 45 days after the division’s receipt of a
 1405  petition seeking an expedited declaratory statement.
 1406         (b)The petitioner must be the owner of the disputed
 1407  project or the owner’s representative.
 1408         (c)The petition for expedited declaratory statement must
 1409  be:
 1410         1.Related to an active project that is under construction
 1411  or must have been submitted for a permit;
 1412         2.The subject of a written notice citing a specific
 1413  provision of the Florida Fire Prevention Code which is in
 1414  dispute; and
 1415         3.Limited to a single question that is capable of being
 1416  answered with a “yes” or “no” response.
 1417  
 1418  A petition for declaratory statement which does not meet all of
 1419  the requirements of this subsection must be denied without
 1420  prejudice.
 1421         Section 34. Section 633.026, Florida Statutes, is amended
 1422  to read:
 1423         633.026 Legislative intent; informal interpretations of the
 1424  Florida Fire Prevention Code.—It is the intent of the
 1425  Legislature that the Florida Fire Prevention Code be interpreted
 1426  by fire officials and local enforcement agencies in a manner
 1427  that protects the public safety, health, and welfare by ensuring
 1428  uniform interpretations throughout this state and by providing
 1429  processes for resolving disputes regarding such interpretations
 1430  which are just and expeditious. It is the intent of the
 1431  Legislature that such processes provide for the expeditious
 1432  resolution of the issues presented and that the resulting
 1433  interpretation of such issues be published on the website of the
 1434  Division of State Fire Marshal.
 1435         (1) The Division of State Fire Marshal shall by rule
 1436  establish an informal process of rendering nonbinding
 1437  interpretations of the Florida Fire Prevention Code. The
 1438  Division of State Fire Marshal may contract with and refer
 1439  interpretive issues to a nonprofit organization that has
 1440  experience in interpreting and enforcing the Florida Fire
 1441  Prevention Code. The Division of State Fire Marshal shall
 1442  immediately implement the process prior to the completion of
 1443  formal rulemaking. It is the intent of the Legislature that the
 1444  Division of State Fire Marshal establish create a Fire Code
 1445  Interpretation Committee composed of seven persons and seven
 1446  alternates, equally representing each area of the state process
 1447  to refer questions to a small group of individuals certified
 1448  under s. 633.081(2), to which a party can pose questions
 1449  regarding the interpretation of the Florida Fire Prevention Code
 1450  provisions.
 1451         (2)Each member and alternate member of the Fire Code
 1452  Interpretation Committee must be certified as a firesafety
 1453  inspector pursuant to s. 633.081(2) and must have a minimum of 5
 1454  years of experience interpreting and enforcing the Florida Fire
 1455  Prevention Code and the Life Safety Code. Each member and
 1456  alternate member must be approved by the Division of State Fire
 1457  Marshal and deemed by the division to have met these
 1458  requirements for at least 30 days before participating in a
 1459  review of a nonbinding interpretation. It is the intent of the
 1460  Legislature that the process provide for the expeditious
 1461  resolution of the issues presented and publication of the
 1462  resulting interpretation on the website of the Division of State
 1463  Fire Marshal. It is the intent of the Legislature that this
 1464  program be similar to the program established by the Florida
 1465  Building Commission in s. 553.775(3)(g).
 1466         (3)Each nonbinding interpretation of code provisions must
 1467  be provided within 10 business days after receipt of a request
 1468  for interpretation. The response period established in this
 1469  subsection may be waived only with the written consent of the
 1470  party requesting the nonbinding interpretation and the Division
 1471  of State Fire Marshal. Nonbinding Such interpretations shall be
 1472  advisory only and nonbinding on the parties or the State Fire
 1473  Marshal.
 1474         (4) In order to administer this section, the Division of
 1475  State Fire Marshal must charge department may adopt by rule and
 1476  impose a fee for nonbinding interpretations, with payment made
 1477  directly to the third party. The fee may not exceed $150 for
 1478  each request for a review or interpretation. The division may
 1479  authorize payment of fees directly to the nonprofit organization
 1480  under contract pursuant to subsection (1).
 1481         (5)A party requesting a nonbinding interpretation who
 1482  disagrees with the interpretation issued under this section may
 1483  apply for a formal interpretation from the State Fire Marshal
 1484  pursuant to s. 633.01(6).
 1485         (6)The Division of State Fire Marshall shall issue or
 1486  cause to be issued a nonbinding interpretation of the Florida
 1487  Fire Prevention Code pursuant to this section when requested to
 1488  do so upon submission of a petition by the owner or the owner’s
 1489  representative, or the contractor or the contractor’s
 1490  representative, of a project in dispute, or by a fire official.
 1491  The division shall adopt a petition form by rule and the
 1492  petition form must be published on the State Fire Marshal’s
 1493  website. The form shall, at a minimum, require the following:
 1494         (a)The name and address of the local fire official,
 1495  including the address of the county, municipal, or special
 1496  district.
 1497         (b)The name and address of the owner or the owner’s
 1498  representative, or the contractor or the contractor’s
 1499  representative.
 1500         (c)A statement of the specific sections of the Florida
 1501  Fire Prevention Code being interpreted by the local fire
 1502  official.
 1503         (d)An explanation of how the petitioner’s substantial
 1504  interests are being affected by the local interpretation of the
 1505  Florida Fire Prevention Code.
 1506         (e)A statement of the interpretation of the specific
 1507  sections of the Florida Fire Prevention Code by the local fire
 1508  official.
 1509         (f)A statement of the interpretation that the petitioner
 1510  contends should be given to the specific sections of the Florida
 1511  Fire Prevention Code and a statement supporting the petitioner’s
 1512  interpretation.
 1513         (7)Upon receipt of a petition that meets the requirements
 1514  of subsection (6), the Division of State Fire Marshal shall
 1515  immediately provide copies of the petition to the Fire Code
 1516  Interpretation Committee, and shall publish the petition and any
 1517  response submitted by the local fire official on the State Fire
 1518  Marshal’s website.
 1519         (8)The committee shall conduct proceedings as necessary to
 1520  resolve the issues and give due regard to the petition, the
 1521  facts of the matter at issue, specific code sections cited, and
 1522  any statutory implications affecting the Florida Fire Prevention
 1523  Code. The committee shall issue an interpretation regarding the
 1524  provisions of the Florida Fire Prevention Code within 10 days
 1525  after the filing of a petition. The committee shall issue an
 1526  interpretation based upon the Florida Fire Prevention Code or,
 1527  if the code is ambiguous, the intent of the code. The
 1528  committee’s interpretation shall be provided to the petitioner
 1529  and shall include a notice that if the petitioner disagrees with
 1530  the interpretation, the petitioner may file a request for formal
 1531  interpretation by the State Fire Marshal under s. 633.01(6). The
 1532  committee’s interpretation shall be provided to the State Fire
 1533  Marshal, and the division shall publish the interpretation on
 1534  the State Fire Marshal’s website and in the Florida
 1535  Administrative Weekly.
 1536         Section 35. Section 633.081, Florida Statutes, is amended
 1537  to read:
 1538         633.081 Inspection of buildings and equipment; orders;
 1539  firesafety inspection training requirements; certification;
 1540  disciplinary action.—The State Fire Marshal and her or his
 1541  agents shall, at any reasonable hour, when the State Fire
 1542  Marshal department has reasonable cause to believe that a
 1543  violation of this chapter or s. 509.215, or a rule promulgated
 1544  thereunder, or a minimum firesafety code adopted by a local
 1545  authority, may exist, inspect any and all buildings and
 1546  structures which are subject to the requirements of this chapter
 1547  or s. 509.215 and rules promulgated thereunder. The authority to
 1548  inspect shall extend to all equipment, vehicles, and chemicals
 1549  which are located within the premises of any such building or
 1550  structure.
 1551         (1) Each county, municipality, and special district that
 1552  has firesafety enforcement responsibilities shall employ or
 1553  contract with a firesafety inspector. The firesafety inspector
 1554  must conduct all firesafety inspections that are required by
 1555  law. The governing body of a county, municipality, or special
 1556  district that has firesafety enforcement responsibilities may
 1557  provide a schedule of fees to pay only the costs of inspections
 1558  conducted pursuant to this subsection and related administrative
 1559  expenses. Two or more counties, municipalities, or special
 1560  districts that have firesafety enforcement responsibilities may
 1561  jointly employ or contract with a firesafety inspector.
 1562         (2) Every firesafety inspection conducted pursuant to state
 1563  or local firesafety requirements shall be by a person certified
 1564  as having met the inspection training requirements set by the
 1565  State Fire Marshal. Such person shall:
 1566         (a) Be a high school graduate or the equivalent as
 1567  determined by the department;
 1568         (b) Not have been found guilty of, or having pleaded guilty
 1569  or nolo contendere to, a felony or a crime punishable by
 1570  imprisonment of 1 year or more under the law of the United
 1571  States, or of any state thereof, which involves moral turpitude,
 1572  without regard to whether a judgment of conviction has been
 1573  entered by the court having jurisdiction of such cases;
 1574         (c) Have her or his fingerprints on file with the
 1575  department or with an agency designated by the department;
 1576         (d) Have good moral character as determined by the
 1577  department;
 1578         (e) Be at least 18 years of age;
 1579         (f) Have satisfactorily completed the firesafety inspector
 1580  certification examination as prescribed by the department; and
 1581         (g)1. Have satisfactorily completed, as determined by the
 1582  department, a firesafety inspector training program of not less
 1583  than 200 hours established by the department and administered by
 1584  agencies and institutions approved by the department for the
 1585  purpose of providing basic certification training for firesafety
 1586  inspectors; or
 1587         2. Have received in another state training which is
 1588  determined by the department to be at least equivalent to that
 1589  required by the department for approved firesafety inspector
 1590  education and training programs in this state.
 1591         (3) Each special state firesafety inspection which is
 1592  required by law and is conducted by or on behalf of an agency of
 1593  the state must be performed by an individual who has met the
 1594  provision of subsection (2), except that the duration of the
 1595  training program shall not exceed 120 hours of specific training
 1596  for the type of property that such special state firesafety
 1597  inspectors are assigned to inspect.
 1598         (4) A firefighter certified pursuant to s. 633.35 may
 1599  conduct firesafety inspections, under the supervision of a
 1600  certified firesafety inspector, while on duty as a member of a
 1601  fire department company conducting inservice firesafety
 1602  inspections without being certified as a firesafety inspector,
 1603  if such firefighter has satisfactorily completed an inservice
 1604  fire department company inspector training program of at least
 1605  24 hours’ duration as provided by rule of the department.
 1606         (5) Every firesafety inspector or special state firesafety
 1607  inspector certificate is valid for a period of 3 years from the
 1608  date of issuance. Renewal of certification shall be subject to
 1609  the affected person’s completing proper application for renewal
 1610  and meeting all of the requirements for renewal as established
 1611  under this chapter or by rule promulgated thereunder, which
 1612  shall include completion of at least 40 hours during the
 1613  preceding 3-year period of continuing education as required by
 1614  the rule of the department or, in lieu thereof, successful
 1615  passage of an examination as established by the department.
 1616         (6) The State Fire Marshal may deny, refuse to renew,
 1617  suspend, or revoke the certificate of a firesafety inspector or
 1618  special state firesafety inspector if it finds that any of the
 1619  following grounds exist:
 1620         (a) Any cause for which issuance of a certificate could
 1621  have been refused had it then existed and been known to the
 1622  State Fire Marshal.
 1623         (b) Violation of this chapter or any rule or order of the
 1624  State Fire Marshal.
 1625         (c) Falsification of records relating to the certificate.
 1626         (d) Having been found guilty of or having pleaded guilty or
 1627  nolo contendere to a felony, whether or not a judgment of
 1628  conviction has been entered.
 1629         (e) Failure to meet any of the renewal requirements.
 1630         (f) Having been convicted of a crime in any jurisdiction
 1631  which directly relates to the practice of fire code inspection,
 1632  plan review, or administration.
 1633         (g) Making or filing a report or record that the
 1634  certificateholder knows to be false, or knowingly inducing
 1635  another to file a false report or record, or knowingly failing
 1636  to file a report or record required by state or local law, or
 1637  knowingly impeding or obstructing such filing, or knowingly
 1638  inducing another person to impede or obstruct such filing.
 1639         (h) Failing to properly enforce applicable fire codes or
 1640  permit requirements within this state which the
 1641  certificateholder knows are applicable by committing willful
 1642  misconduct, gross negligence, gross misconduct, repeated
 1643  negligence, or negligence resulting in a significant danger to
 1644  life or property.
 1645         (i) Accepting labor, services, or materials at no charge or
 1646  at a noncompetitive rate from any person who performs work that
 1647  is under the enforcement authority of the certificateholder and
 1648  who is not an immediate family member of the certificateholder.
 1649  For the purpose of this paragraph, the term “immediate family
 1650  member” means a spouse, child, parent, sibling, grandparent,
 1651  aunt, uncle, or first cousin of the person or the person’s
 1652  spouse or any person who resides in the primary residence of the
 1653  certificateholder.
 1654         (7)The Division of State Fire Marshal and the Florida
 1655  Building Code Administrator and Inspectors Board, established
 1656  pursuant to s. 468.605, shall enter into a reciprocity agreement
 1657  to facilitate joint recognition of continuing education
 1658  recertification hours for certificateholders licensed under s.
 1659  468.609 and firesafety inspectors certified under subsection
 1660  (2).
 1661         (8)(7) The department shall provide by rule for the
 1662  certification of firesafety inspectors.
 1663         Section 36. Section 633.352, Florida Statutes, is amended
 1664  to read:
 1665         633.352 Retention of firefighter certification.—Any
 1666  certified firefighter who has not been active as a firefighter,
 1667  or as a volunteer firefighter with an organized fire department,
 1668  for a period of 3 years shall be required to retake the
 1669  practical portion of the minimum standards state examination
 1670  specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
 1671  Administrative Code, in order to maintain her or his
 1672  certification as a firefighter; however, this requirement does
 1673  not apply to state-certified firefighters who are certified and
 1674  employed as full-time firesafety inspectors or firesafety
 1675  instructors, regardless of the firefighter’s employment status
 1676  as determined by the division. The 3-year period begins on the
 1677  date the certificate of compliance is issued or upon termination
 1678  of service with an organized fire department.
 1679         Section 37. Paragraph (e) of subsection (2) and subsections
 1680  (3), (10), and (11) of section 633.521, Florida Statutes, are
 1681  amended to read:
 1682         633.521 Certificate application and issuance; permit
 1683  issuance; examination and investigation of applicant.—
 1684         (2)
 1685         (e) An applicant may not be examined more than four times
 1686  during 1 year for certification as a contractor pursuant to this
 1687  section unless the person is or has been certified and is taking
 1688  the examination to change classifications. If an applicant does
 1689  not pass one or more parts of the examination, she or he may
 1690  take any part of the examination three more times during the 1
 1691  year period beginning upon the date she or he originally filed
 1692  an application to take the examination. If the applicant does
 1693  not pass the examination within that 1-year period, she or he
 1694  must file a new application and pay the application and
 1695  examination fees in order to take the examination or a part of
 1696  the examination again. However, the applicant may not file a new
 1697  application sooner than 6 months after the date of her or his
 1698  last examination. An applicant who passes the examination but
 1699  does not meet the remaining qualifications as provided in
 1700  applicable statutes and rules within 1 year after the
 1701  application date must file a new application, pay the
 1702  application and examination fee, successfully complete a
 1703  prescribed training course approved by the State Fire College or
 1704  an equivalent court approved by the State Fire Marshal, and
 1705  retake and pass the written examination.
 1706         (3)(a) As a prerequisite to taking the examination for
 1707  certification as a Contractor I, Contractor II, or Contractor
 1708  III, the applicant must be at least 18 years of age, be of good
 1709  moral character, and shall possess 4 years’ proven experience in
 1710  the employment of a fire protection system Contractor I,
 1711  Contractor II, or Contractor III or a combination of equivalent
 1712  education and experience in both water-based and chemical fire
 1713  suppression systems.
 1714         (b)As a prerequisite to taking the examination for
 1715  certification as a Contractor II, the applicant must be at least
 1716  18 years of age, be of good moral character, and have 4 years of
 1717  verifiable employment experience with a fire protection system
 1718  as a Contractor I or Contractor II, or a combination of
 1719  equivalent education and experience in water-based fire
 1720  suppression systems.
 1721         (c)Required education and experience for certification as
 1722  a Contractor I, Contractor II, Contractor III, or Contractor IV
 1723  includes training and experience in both installation and system
 1724  layout as defined in s. 633.021.
 1725         (d)As a prerequisite to taking the examination for
 1726  certification as a Contractor III, the applicant must be at
 1727  least 18 years of age, be of good moral character, and have 4
 1728  years of verifiable employment experience with a fire protection
 1729  system as a Contractor I or Contractor II, or a combination of
 1730  equivalent education and experience in chemical fire suppression
 1731  systems.
 1732         (e) As a prerequisite to taking the examination for
 1733  certification as a Contractor IV, the applicant must shall be at
 1734  least 18 years old, be of good moral character, be licensed as a
 1735  certified plumbing contractor under chapter 489, and
 1736  successfully complete a training program acceptable to the State
 1737  Fire Marshal of not less than 40 contact hours regarding the
 1738  applicable installation standard used by the Contractor IV as
 1739  described in NFPA 13D. The State Fire Marshal may adopt rules to
 1740  administer this subsection have at least 2 years’ proven
 1741  experience in the employment of a fire protection system
 1742  Contractor I, Contractor II, Contractor III, or Contractor IV or
 1743  combination of equivalent education and experience which
 1744  combination need not include experience in the employment of a
 1745  fire protection system contractor.
 1746         (f) As a prerequisite to taking the examination for
 1747  certification as a Contractor V, the applicant must shall be at
 1748  least 18 years old, be of good moral character, and have been
 1749  licensed as a certified underground utility and excavation
 1750  contractor or certified plumbing contractor pursuant to chapter
 1751  489, have verification by an individual who is licensed as a
 1752  certified utility contractor or certified plumbing contractor
 1753  pursuant to chapter 489 that the applicant has 4 years’ proven
 1754  experience in the employ of a certified underground utility and
 1755  excavation contractor or certified plumbing contractor, or have
 1756  a combination of education and experience equivalent to 4 years’
 1757  proven experience in the employ of a certified underground
 1758  utility and excavation contractor or certified plumbing
 1759  contractor.
 1760         (g) Within 30 days after the date of the examination, the
 1761  State Fire Marshal shall inform the applicant in writing whether
 1762  she or he has qualified or not and, if the applicant has
 1763  qualified, that she or he is ready to issue a certificate of
 1764  competency, subject to compliance with the requirements of
 1765  subsection (4).
 1766         (10) Effective July 1, 2008, the State Fire Marshal shall
 1767  require the National Institute of Certification in Engineering
 1768  Technologies (NICET), Sub-field of Inspection and Testing of
 1769  Fire Protection Systems Level II or equivalent training and
 1770  education as determined by the division as proof that the
 1771  permitholders are knowledgeable about nationally accepted
 1772  standards for the inspection of fire protection systems. It is
 1773  the intent of this act, from July 1, 2005, until July 1, 2008,
 1774  to accept continuing education of all certificateholders’
 1775  employees who perform inspection functions which specifically
 1776  prepares the permitholder to qualify for NICET II certification.
 1777         (11) It is intended that a certificateholder, or a
 1778  permitholder who is employed by a certificateholder, conduct
 1779  inspections required by this chapter. It is understood that
 1780  after July 1, 2008, employee turnover may result in a depletion
 1781  of personnel who are certified under the NICET Sub-field of
 1782  Inspection and Testing of Fire Protection Systems Level II or
 1783  equivalent training and education as required by the Division of
 1784  State Fire Marshal which is required for permitholders. The
 1785  extensive training and experience necessary to achieve NICET
 1786  Level II certification is recognized. A certificateholder may
 1787  therefore obtain a provisional permit with an endorsement for
 1788  inspection, testing, and maintenance of water-based fire
 1789  extinguishing systems for an employee if the employee has
 1790  initiated procedures for obtaining Level II certification from
 1791  the National Institute for Certification in Engineering
 1792  Technologies Sub-field of Inspection and Testing of Fire
 1793  Protection Systems and achieved Level I certification or an
 1794  equivalent level as determined by the State Fire Marshal through
 1795  verification of experience, training, and examination. The State
 1796  Fire Marshal may establish rules to administer this subsection.
 1797  After 2 years of provisional certification, the employee must
 1798  have achieved NICET Level II certification, or obtain equivalent
 1799  training and education as determined by the division, or cease
 1800  performing inspections requiring Level II certification. The
 1801  provisional permit is valid only for the 2 calendar years after
 1802  the date of issuance, may not be extended, and is not renewable.
 1803  After the initial 2-year provisional permit expires, the
 1804  certificateholder must wait 2 additional years before a new
 1805  provisional permit may be issued. The intent is to prohibit the
 1806  certificateholder from using employees who never reach NICET
 1807  Level II, or equivalent training and education as determined by
 1808  the division, status by continuously obtaining provisional
 1809  permits.
 1810         Section 38. Subsection (3) is added to section 633.524,
 1811  Florida Statutes, to read:
 1812         633.524 Certificate and permit fees; use and deposit of
 1813  collected funds.—
 1814         (3)The State Fire Marshal may enter into a contract with
 1815  any qualified public entity or private company in accordance
 1816  with chapter 287 to provide examinations for any applicant for
 1817  any examination administered under the jurisdiction of the State
 1818  Fire Marshal. The State Fire Marshal may direct payments from
 1819  each applicant for each examination directly to such contracted
 1820  entity or company.
 1821         Section 39. Subsection (4) of section 633.537, Florida
 1822  Statutes, is amended to read:
 1823         633.537 Certificate; expiration; renewal; inactive
 1824  certificate; continuing education.—
 1825         (4) The renewal period for the permit class is the same as
 1826  that for the employing certificateholder. The continuing
 1827  education requirements for permitholders are what is required to
 1828  maintain NICET Sub-field of Inspection and Testing of Fire
 1829  Protection Systems Level II, equivalent training and education
 1830  as determined by the division, or higher certification plus 8
 1831  contact hours of continuing education approved by the State Fire
 1832  Marshal during each biennial renewal period thereafter. The
 1833  continuing education curriculum from July 1, 2005, until July 1,
 1834  2008, shall be the preparatory curriculum for NICET II
 1835  certification; after July 1, 2008, the technical curriculum is
 1836  at the discretion of the State Fire Marshal and may be used to
 1837  meet the maintenance of NICET Level II certification and 8
 1838  contact hours of continuing education requirements. It is the
 1839  responsibility of the permitholder to maintain NICET II
 1840  certification or equivalent training and education as determined
 1841  by the division as a condition of permit renewal after July 1,
 1842  2008.
 1843         Section 40. Subsection (4) of section 633.72, Florida
 1844  Statutes, is amended to read:
 1845         633.72 Florida Fire Code Advisory Council.—
 1846         (4) Each appointee shall serve a 4-year term. No member
 1847  shall serve more than two consecutive terms one term. No member
 1848  of the council shall be paid a salary as such member, but each
 1849  shall receive travel and expense reimbursement as provided in s.
 1850  112.061.
 1851         Section 41. Subsection (2) of section 553.509, Florida
 1852  Statutes, is repealed.
 1853         Section 42. The Florida Building Commission is directed to
 1854  adjust the Florida Building Code for consistency with the
 1855  revisions to s. 399.02, Florida Statutes, under section 1 of
 1856  this act.
 1857         Section 43. Except as otherwise expressly provided in this
 1858  act, this act shall take effect July 1, 2009.