Amendment
Bill No. CS/CS/SB 682

Amendment No. 656523

CHAMBER ACTION
Senate		House
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1	Representative T. Williams offered the following:
2
3	Amendment (with title amendment)
4	Remove everything after the enacting clause and insert:
5	Section 1.  Paragraph (k) is added to subsection (2) of
6	section 20.165, Florida Statutes, to read:
7	20.165  Department of Business and Professional
8	Regulation.--There is created a Department of Business and
9	Professional Regulation.
10	(2)  The following divisions of the Department of Business
11	and Professional Regulation are established:
12	(k)  Division of Service Operations.
13	Section 2.  Subsection (1) of section 455.217, Florida
14	Statutes, is amended to read:
15	455.217  Examinations.--This section shall be read in
16	conjunction with the appropriate practice act associated with
17	each regulated profession under this chapter.
18	(1)  The Division of Service Operations Technology of the
19	Department of Business and Professional Regulation shall
20	provide, contract, or approve services for the development,
21	preparation, administration, scoring, score reporting, and
22	evaluation of all examinations. The division shall seek the
23	advice of the appropriate board in providing such services.
24	(a)  The department, acting in conjunction with the
25	Division of Service Operations Technology and the Division of
26	Real Estate, as appropriate, shall ensure that examinations
27	adequately and reliably measure an applicant's ability to
28	practice the profession regulated by the department. After an
29	examination developed or approved by the department has been
30	administered, the board or department may reject any question
31	which does not reliably measure the general areas of competency
32	specified in the rules of the board or department, when there is
33	no board. The department shall use outside qualified
34	professional testing vendors services for the development,
35	preparation, and evaluation of examinations, when the use of
36	such vendors is economically and viably services are available
37	and approved by the board.
38	(b)  For each examination developed by the department or
39	contracted vendor, to the extent not otherwise specified by
40	statute, the board or the department when there is no board,
41	shall by rule specify the general areas of competency to be
42	covered by the examination, the relative weight to be assigned
43	in grading each area tested, the score necessary to achieve a
44	passing grade, and the fees, where applicable, to cover the
45	actual cost for any purchase, development, and administration of
46	the required examination. However, statutory fee caps in each
47	practice act shall apply. This subsection does not apply to
48	national examinations approved and administered pursuant to
49	paragraph (d).
50	(c)  If a practical examination is deemed to be necessary,
51	rules shall specify the criteria by which examiners are to be
52	selected, the grading criteria to be used by the examiner, the
53	relative weight to be assigned in grading each criterion, and
54	the score necessary to achieve a passing grade. When a mandatory
55	standardization exercise for a practical examination is required
56	by law, the board may conduct such exercise. Therefore, board
57	members may serve as examiners at a practical examination with
58	the consent of the board.
59	(d)  A board, or the department when there is no board, may
60	approve by rule the use of any national examination which the
61	department has certified as meeting requirements of national
62	examinations and generally accepted testing standards pursuant
63	to department rules. Providers of examinations, which may be
64	either profit or nonprofit entities, seeking certification by
65	the department shall pay the actual costs incurred by the
66	department in making a determination regarding the
67	certification. The department shall use any national examination
68	which is available, certified by the department, and approved by
69	the board. The name and number of a candidate may be provided to
70	a national contractor for the limited purpose of preparing the
71	grade tape and information to be returned to the board or
72	department or, to the extent otherwise specified by rule, the
73	candidate may apply directly to the vendor of the national
74	examination. The department may delegate to the board the duty
75	to provide and administer the examination. Any national
76	examination approved by a board, or the department when there is
77	no board, prior to October 1, 1997, is deemed certified under
78	this paragraph. Any licensing or certification examination that
79	is not developed or administered by the department in-house or
80	provided as a national examination shall be competitively bid.
81	(e)  The department shall adopt rules regarding the
82	security and monitoring of examinations. In order to maintain
83	the security of examinations, the department may employ the
84	procedures set forth in s. 455.228 to seek fines and injunctive
85	relief against an examinee who violates the provisions of s.
86	455.2175 or the rules adopted pursuant to this paragraph. The
87	department, or any agent thereof, may, for the purposes of
88	investigation, confiscate any written, photographic, or
89	recording material or device in the possession of the examinee
90	at the examination site which the department deems necessary to
91	enforce such provisions or rules.
92	(f)  If the professional board with jurisdiction over an
93	examination concurs, the department may, for a fee, share with
94	any other state's licensing authority an examination developed
95	by or for the department unless prohibited by a contract entered
96	into by the department for development or purchase of the
97	examination. The department, with the concurrence of the
98	appropriate board, shall establish guidelines that ensure
99	security of a shared exam and shall require that any other
100	state's licensing authority comply with those guidelines. Those
101	guidelines shall be approved by the appropriate professional
102	board. All fees paid by the user shall be applied to the
103	department's examination and development program for professions
104	regulated by this chapter. All fees paid by the user for
105	professions not regulated by this chapter shall be applied to
106	offset the fees for the development and administration of that
107	profession's examination. If both a written and a practical
108	examination are given, an applicant shall be required to retake
109	only the portion of the examination for which he or she failed
110	to achieve a passing grade, if he or she successfully passes
111	that portion within a reasonable time of his or her passing the
112	other portion.
113	Section 3.  Section 509.233, Florida Statutes, is amended
114	to read:
115	509.233  Public food service establishment requirements;
116	local exemption for dogs in designated outdoor portions; pilot
117	program.--
118	(1)  INTENT.--It is the intent of the Legislature by this
119	section to establish a 3-year pilot program for local
120	governments to allow patrons' dogs within certain designated
121	outdoor portions of public food service establishments.
122	(1)(2)  LOCAL EXEMPTION AUTHORIZED.--Notwithstanding s.
123	509.032(7), the governing body of a local government may
124	participating in the pilot program is authorized to establish,
125	by ordinance, a local exemption procedure to certain provisions
126	of the Food and Drug Administration Food Code, as currently
127	adopted by the division, in order to allow patrons' dogs within
128	certain designated outdoor portions of public food service
129	establishments.
130	(2)(3)  LOCAL DISCRETION; CODIFICATION.--
131	(a)  The adoption of the local exemption procedure shall be
132	at the sole discretion of the governing body of a participating
133	local government. Nothing in this section shall be construed to
134	require or compel a local governing body to adopt an ordinance
135	pursuant to this section.
136	(b)  Any ordinance adopted pursuant to this section shall
137	provide for codification within the land development code of a
138	participating local government.
139	(3)(4)  LIMITATIONS ON EXEMPTION; PERMIT REQUIREMENTS.--
140	(a)  Any local exemption procedure adopted pursuant to this
141	section shall only provide a variance to those portions of the
142	currently adopted Food and Drug Administration Food Code in
143	order to allow patrons' dogs within certain designated outdoor
144	portions of public food service establishments.
145	(b)  In order to protect the health, safety, and general
146	welfare of the public, the local exemption procedure shall
147	require participating public food service establishments to
148	apply for and receive a permit from the governing body of the
149	local government before allowing patrons' dogs on their
150	premises. The local government shall require from the applicant
151	such information as the local government deems reasonably
152	necessary to enforce the provisions of this section, but shall
153	require, at a minimum, the following information:
154	1.  The name, location, and mailing address of the public
155	food service establishment.
156	2.  The name, mailing address, and telephone contact
157	information of the permit applicant.
158	3.  A diagram and description of the outdoor area to be
159	designated as available to patrons' dogs, including dimensions
160	of the designated area; a depiction of the number and placement
161	of tables, chairs, and restaurant equipment, if any; the
162	entryways and exits to the designated outdoor area; the
163	boundaries of the designated area and of other areas of outdoor
164	dining not available for patrons' dogs; any fences or other
165	barriers; surrounding property lines and public rights-of-way,
166	including sidewalks and common pathways; and such other
167	information reasonably required by the permitting authority. The
168	diagram or plan shall be accurate and to scale but need not be
169	prepared by a licensed design professional.
170	4.  A description of the days of the week and hours of
171	operation that patrons' dogs will be permitted in the designated
172	outdoor area.
173	(c)  In order to protect the health, safety, and general
174	welfare of the public, the local exemption ordinance shall
175	include such regulations and limitations as deemed necessary by
176	the participating local government and shall include, but not be
177	limited to, the following requirements:
178	1.  All public food service establishment employees shall
179	wash their hands promptly after touching, petting, or otherwise
180	handling dogs. Employees shall be prohibited from touching,
181	petting, or otherwise handling dogs while serving food or
182	beverages or handling tableware or before entering other parts
183	of the public food service establishment.
184	2.  Patrons in a designated outdoor area shall be advised
185	that they should wash their hands before eating. Waterless hand
186	sanitizer shall be provided at all tables in the designated
187	outdoor area.
188	3.  Employees and patrons shall be instructed that they
189	shall not allow dogs to come into contact with serving dishes,
190	utensils, tableware, linens, paper products, or any other items
191	involved in food service operations.
192	4.  Patrons shall keep their dogs on a leash at all times
193	and shall keep their dogs under reasonable control.
194	5.  Dogs shall not be allowed on chairs, tables, or other
195	furnishings.
196	6.  All table and chair surfaces shall be cleaned and
197	sanitized with an approved product between seating of patrons.
198	Spilled food and drink shall be removed from the floor or ground
199	between seating of patrons.
200	7.  Accidents involving dog waste shall be cleaned
201	immediately and the area sanitized with an approved product. A
202	kit with the appropriate materials for this purpose shall be
203	kept near the designated outdoor area.
204	8.  A sign or signs reminding employees of the applicable
205	rules shall be posted on premises in a manner and place as
206	determined by the local permitting authority.
207	9.  A sign or signs reminding patrons of the applicable
208	rules shall be posted on premises in a manner and place as
209	determined by the local permitting authority.
210	10.  A sign or signs shall be posted in a manner and place
211	as determined by the local permitting authority that places the
212	public on notice that the designated outdoor area is available
213	for the use of patrons and patrons' dogs.
214	11.  Dogs shall not be permitted to travel through indoor
215	or nondesignated outdoor portions of the public food service
216	establishment, and ingress and egress to the designated outdoor
217	portions of the public food service establishment must not
218	require entrance into or passage through any indoor area of the
219	food establishment.
220	(d)  A permit issued pursuant to this section shall not be
221	transferred to a subsequent owner upon the sale of a public food
222	service establishment but shall expire automatically upon the
223	sale of the establishment. The subsequent owner shall be
224	required to reapply for a permit pursuant to this section if the
225	subsequent owner wishes to continue to accommodate patrons'
226	dogs.
227	(4)(5)  POWERS; ENFORCEMENT.--Participating local
228	governments shall have such powers as are reasonably necessary
229	to regulate and enforce the provisions of this section.
230	(5)(6)  STATE AND LOCAL COOPERATION.--The division shall
231	provide reasonable assistance to participating local governments
232	in the development of enforcement procedures and regulations,
233	and participating local governments shall monitor permitholders
234	for compliance in cooperation with the division. At a minimum,
235	participating local governments shall establish a procedure to
236	accept, document, and respond to complaints and to timely report
237	to the division all such complaints and the participating local
238	governments' enforcement responses to such complaints. A
239	participating local government shall provide the division with a
240	copy of all approved applications and permits issued, and the
241	participating local government shall require that all
242	applications, permits, and other related materials contain the
243	appropriate division-issued license number for each public food
244	service establishment.
245	(7)  FUTURE REVIEW AND REPEAL.--This section shall expire
246	July 1, 2009, unless reviewed and saved from repeal through
247	reenactment by the Legislature.
248	Section 4.  (1)  Except as provided in subsection (4), and
249	in recognition of 2009 real estate market conditions, any permit
250	issued by the Department of Environmental Protection or a water
251	management district pursuant to part IV of chapter 373, Florida
252	Statutes, that has an expiration date of September 1, 2008,
253	through January 1, 2012, is extended and renewed for a period of
254	2 years following its date of expiration. This extension
255	includes any local government-issued development order or
256	building permit. The 2-year extension also applies to build out
257	dates including any build out date extension previously granted
258	under s. 380.06(19)(c), Florida Statutes. This section may not
259	be construed to prohibit conversion from the construction phase
260	to the operation phase upon completion of construction.
261	(2)  The commencement and completion dates for any required
262	mitigation associated with a phased construction project shall
263	be extended so that mitigation takes place in the same timeframe
264	relative to the phase as originally permitted.
265	(3)  The holder of a valid permit or other authorization
266	that is eligible for the 2-year extension shall notify the
267	authorizing agency in writing no later than December 31, 2009,
268	identifying the specific authorization for which the holder
269	intends to use the extension and anticipated timeframe for
270	acting on the authorization.
271	(4)  The extensions provided for in subsection (1) do not
272	apply to:
273	(a)  A permit or other authorization under any programmatic
274	or regional general permit issued by the Army Corps of
275	Engineers.
276	(b)  A permit or other authorization held by an owner or
277	operator determined to be in significant noncompliance with the
278	conditions of the permit or authorization as established through
279	the issuance of a warning letter or notice of violation, the
280	initiation of formal enforcement, or other equivalent action by
281	the authorizing agency.
282	(5)  Permits extended under this section shall continue to
283	be governed by rules in effect at the time the permit was
284	issued, except where it can be demonstrated that the rules in
285	effect at the time the permit was issued would create an
286	immediate threat to public safety or health. This section shall
287	apply to any modification of the plans, terms, and conditions of
288	the permit that lessens the environmental impact, except that
289	any such modification shall not extend the time limit beyond 2
290	additional years.
291	(6)  Nothing in this section shall impair the authority of
292	a county or municipality to require the owner of a property,
293	which has noticed the county or municipality that it intends to
294	receive the extension of time granted by this section, to
295	maintain and secure the property in a safe and sanitary
296	condition in compliance with applicable laws and ordinances.
297	Section 5.  Subsection (1) of section 120.569, Florida
298	Statutes, is amended to read:
299	120.569  Decisions which affect substantial interests.--
300	(1)  The provisions of this section apply in all
301	proceedings in which the substantial interests of a party are
302	determined by an agency, unless the parties are proceeding under
303	s. 120.573 or s. 120.574. Unless waived by all parties, s.
304	120.57(1) applies whenever the proceeding involves a disputed
305	issue of material fact. Unless otherwise agreed, s. 120.57(2)
306	applies in all other cases. If a disputed issue of material fact
307	arises during a proceeding under s. 120.57(2), then, unless
308	waived by all parties, the proceeding under s. 120.57(2) shall
309	be terminated and a proceeding under s. 120.57(1) shall be
310	conducted. Parties shall be notified of any order, including a
311	final order. Unless waived, a copy of the order shall be
312	delivered or mailed to each party or the party's attorney of
313	record at the address of record. Each notice shall inform the
314	recipient of any administrative hearing or judicial review that
315	is available under this section, s. 120.57, or s. 120.68; shall
316	indicate the procedure which must be followed to obtain the
317	hearing or judicial review; and shall state the time limits
318	which apply. Notwithstanding any other provision of law, notice
319	of the procedure to obtain an administrative hearing or judicial
320	review, including any items required by the uniform rules
321	adopted pursuant to s. 120.54(5), may be provided via a link to
322	a publicly available Internet site.
323	Section 6.  Subsection (1) of section 120.60, Florida
324	Statutes, is amended to read:
325	120.60  Licensing.--
326	(1)  Upon receipt of an application for a license, an
327	agency shall examine the application and, within 30 days after
328	such receipt, notify the applicant of any apparent errors or
329	omissions and request any additional information the agency is
330	permitted by law to require. If the applicant believes the
331	request for such additional information is not authorized by law
332	or agency rule, the agency, at the applicant's request, shall
333	proceed to process the permit application. An agency shall not
334	deny a license for failure to correct an error or omission or to
335	supply additional information unless the agency timely notified
336	the applicant within this 30-day period. An application shall be
337	considered complete upon receipt of all requested information
338	and correction of any error or omission for which the applicant
339	was timely notified or when the time for such notification has
340	expired. Every application for a license shall be approved or
341	denied within 90 days after receipt of a completed application
342	unless a shorter period of time for agency action is provided by
343	law. The 90-day time period shall be tolled by the initiation of
344	a proceeding under ss. 120.569 and 120.57. Any application for a
345	license that is not approved or denied within the 90-day or
346	shorter time period, within 15 days after conclusion of a public
347	hearing held on the application, or within 45 days after a
348	recommended order is submitted to the agency and the parties,
349	whichever action and timeframe is latest and applicable, is
350	considered approved unless the recommended order recommends that
351	the agency deny the license. Subject to the satisfactory
352	completion of an examination if required as a prerequisite to
353	licensure, any license that is considered approved shall be
354	issued and may include such reasonable conditions as are
355	authorized by law. Any applicant for licensure seeking to claim
356	licensure by default under this subsection shall notify the
357	agency clerk of the licensing agency, in writing, of the intent
358	to rely upon the default license provision of this subsection,
359	and shall not take any action based upon the default license
360	until after receipt of such notice by the agency clerk.
361	Section 7.  Section 125.022, Florida Statutes, is amended
362	to read:
363	125.022  Development permits.--When a county denies an
364	application for a development permit, the county shall give
365	written notice to the applicant. The notice must include a
366	citation to the applicable portions of an ordinance, rule,
367	statute, or other legal authority for the denial of the permit.
368	As used in this section, the term "development permit" has the
369	same meaning as in s. 163.3164. A county may not require as a
370	condition of approval for a development permit that an applicant
371	obtain a permit or approval from any other state or federal
372	agency. Issuance of a development permit by a county does not in
373	any way create any rights on the part of an applicant to obtain
374	a permit from another state or federal agency and does not
375	create any liability on the part of the county for issuance of
376	the permit in the event that an applicant fails to fulfill its
377	legal obligations to obtain requisite approvals or fulfill the
378	obligations imposed by other state or federal agencies. A county
379	may attach such a disclaimer to the issuance of development
380	permits and may include a permit condition that all other
381	applicable state or federal permits must be obtained prior to
382	development. This section shall not be construed to prohibit a
383	county from providing information to an applicant regarding what
384	other state or federal permits may be applicable.
385	Section 8.  Section 161.032, Florida Statutes, is created
386	to read:
387	161.032  Application review; request for additional
388	information.--
389	(1)  Within 30 days after receipt of an application for a
390	permit under this part, the department shall review the
391	application and shall request submission of any additional
392	information the department is permitted by law to require. If
393	the applicant believes a request for additional information is
394	not authorized by law or rule, the applicant may request a
395	hearing pursuant to s. 120.57. Within 30 days after receipt of
396	such additional information, the department shall review such
397	additional information and may request only that information
398	needed to clarify such additional information or to answer new
399	questions raised by or directly related to such additional
400	information. If the applicant believes the request for such
401	additional information by the department is not authorized by
402	law or rule, the department, at the applicant's request, shall
403	proceed to process the permit application.
404	(2)  Notwithstanding the provisions of s. 120.60, an
405	applicant for a permit under this part shall have 90 days after
406	the date of a timely request for additional information to
407	submit such information. If an applicant requires more than 90
408	days to respond to a request for additional information, the
409	applicant must notify the agency processing the permit
410	application in writing of the circumstances, at which time the
411	application shall be held in active status for no more than one
412	additional period of up to 90 days. Additional extensions may be
413	granted for good cause shown by the applicant. A showing that
414	the applicant is making a diligent effort to obtain the
415	requested additional information shall constitute good cause.
416	Failure of an applicant to provide the timely requested
417	information by the applicable deadline shall result in denial of
418	the application without prejudice.
419	Section 9.  Section 166.033, Florida Statutes, is amended
420	to read:
421	166.033  Development permits.--When a municipality denies
422	an application for a development permit, the municipality shall
423	give written notice to the applicant. The notice must include a
424	citation to the applicable portions of an ordinance, rule,
425	statute, or other legal authority for the denial of the permit.
426	As used in this section, the term "development permit" has the
427	same meaning as in s. 163.3164. A municipality may not require
428	as a condition of approval for a development permit that an
429	applicant obtain a permit or approval from any other state or
430	federal agency. Issuance of a development permit by a
431	municipality does not in any way create any right on the part of
432	an applicant to obtain a permit from another state or federal
433	agency and does not create any liability on the part of the
434	municipality for issuance of the permit in the event that an
435	applicant fails to fulfill its legal obligations to obtain
436	requisite approvals or fulfill the obligations imposed by other
437	state or federal agencies. A municipality may attach such a
438	disclaimer to the issuance of development permits and may
439	include a permit condition that all other applicable state or
440	federal permits must be obtained prior to development. This
441	section shall not be construed to prohibit a municipality from
442	providing information to an applicant regarding what other state
443	or federal permits may be applicable.
444	Section 10.  Subsection (13) of section 253.034, Florida
445	Statutes, is amended to read:
446	253.034  State-owned lands; uses.--
447	(13)  The deposition of dredged material on state-owned
448	submerged lands for the purpose of restoring previously dredged
449	holes to natural conditions shall be conducted in such a manner
450	as to maximize environmental benefits. In such cases, the
451	dredged material shall be placed in the dredge hole at an
452	elevation consistent with the surrounding area to allow light
453	penetration so as to maximize propagation of native vegetation.
454	When available dredged material is of insufficient quantity to
455	raise the entire dredge hole to prior natural elevations, then
456	placement shall be limited to a portion of the dredge hole where
457	elevations can be restored to natural elevations Notwithstanding
458	the provisions of this section, funds from the sale of property
459	by the Department of Highway Safety and Motor Vehicles located
460	in Palm Beach County are authorized to be deposited into the
461	Highway Safety Operating Trust Fund to facilitate the exchange
462	as provided in the General Appropriations Act, provided that at
463	the conclusion of both exchanges the values are equalized. This
464	subsection expires July 1, 2009.
465	Section 11.  Paragraph (e) of subsection (3) of section
466	258.42, Florida Statutes, is amended to read:
467	258.42  Maintenance of preserves.--The Board of Trustees of
468	the Internal Improvement Trust Fund shall maintain such aquatic
469	preserves subject to the following provisions:
470	(3)
471	(e)  There shall be no erection of structures within the
472	preserve, except:
473	1.  Private residential docks may be approved for
474	reasonable ingress or egress of riparian owners. Slips located
475	at private residential single-family docks that contain boat
476	lifts or davits which do not float in the water when loaded may
477	be roofed, but may not be in whole or in part enclosed with
478	walls, provided that the roof shall not overhang more that 1-
479	foot beyond the footprint of the boat lift. Such roofs shall not
480	be considered to be part of the square-footage calculations of
481	the terminal platform.
482	2.  Private residential multislip docks may be approved if
483	located within a reasonable distance of a publicly maintained
484	navigation channel, or a natural channel of adequate depth and
485	width to allow operation of the watercraft for which the docking
486	facility is designed without the craft having an adverse impact
487	on marine resources. The distance shall be determined in
488	accordance with criteria established by the trustees by rule,
489	based on a consideration of the depth of the water, nature and
490	condition of bottom, and presence of manatees.
491	3.  Commercial docking facilities shown to be consistent
492	with the use or management criteria of the preserve may be
493	approved if the facilities are located within a reasonable
494	distance of a publicly maintained navigation channel, or a
495	natural channel of adequate depth and width to allow operation
496	of the watercraft for which the docking facility is designed
497	without the craft having an adverse impact on marine resources.
498	The distance shall be determined in accordance with criteria
499	established by the trustees by rule, based on a consideration of
500	the depth of the water, nature and condition of bottom, and
501	presence of manatees.
502	4.  Structures for shore protection, including restoration
503	of seawalls at their previous location or upland of or within 18
504	inches waterward of their previous location, approved
505	navigational aids, or public utility crossings authorized under
506	paragraph (a) may be approved.
507
508	No structure under this paragraph or chapter 253 shall be
509	prohibited solely because the local government fails to adopt a
510	marina plan or other policies dealing with the siting of such
511	structures in its local comprehensive plan.
512	Section 12.  Subsection (10) is added to section 373.026,
513	Florida Statutes, to read:
514	373.026  General powers and duties of the department.--The
515	department, or its successor agency, shall be responsible for
516	the administration of this chapter at the state level. However,
517	it is the policy of the state that, to the greatest extent
518	possible, the department may enter into interagency or
519	interlocal agreements with any other state agency, any water
520	management district, or any local government conducting programs
521	related to or materially affecting the water resources of the
522	state. All such agreements shall be subject to the provisions of
523	s. 373.046. In addition to its other powers and duties, the
524	department shall, to the greatest extent possible:
525	(10)  Expand the use of Internet-based self-certification
526	services for appropriate exemptions and general permits issued
527	by the department and the water management districts, providing
528	such expansion is economically feasible. In addition to
529	expanding the use of Internet-based self-certification services
530	for appropriate exemptions and general permits, the department
531	and water management districts shall identify and develop
532	general permits for activities currently requiring individual
533	review that could be expedited through the use of professional
534	certification.
535	Section 13.  Paragraph (a) of subsection (4) of section
536	373.079, Florida Statutes, is amended to read:
537	373.079  Members of governing board; oath of office;
538	staff.--
539	(4)(a)  The governing board of the district is authorized
540	to employ an executive director, ombudsman, and such engineers,
541	other professional persons, and other personnel and assistants
542	as it deems necessary and under such terms and conditions as it
543	may determine and to terminate such employment. The appointment
544	of an executive director by the governing board is subject to
545	approval by the Governor and must be initially confirmed by the
546	Florida Senate. The governing board may delegate all or part of
547	its authority under this paragraph to the executive director.
548	However, the governing board shall delegate all of its authority
549	to take final action on permit applications under part II or
550	part IV, or petitions for variances or waivers of permitting
551	requirements under part II or part IV, except as provided under
552	ss. 373.083(5) and 373.118(4). This delegation shall not be
553	subject to the rulemaking requirements of chapter 120. The
554	executive director may execute such delegated authority through
555	designated staff members. The executive director must be
556	confirmed by the Senate upon employment and must be confirmed or
557	reconfirmed by the Senate during the second regular session of
558	the Legislature following a gubernatorial election.
559	Section 14.  Subsection (5) of section 373.083, Florida
560	Statutes, is amended to read:
561	373.083  General powers and duties of the governing
562	board.--In addition to other powers and duties allowed it by
563	law, the governing board is authorized to:
564	(5)  Execute any of the powers, duties, and functions
565	vested in the governing board through a member or members
566	thereof, the executive director, or other district staff as
567	designated by the governing board. The governing board may
568	establish the scope and terms of any delegation. However, if The
569	governing board shall delegate to the executive director
570	delegates the authority to take final action on permit
571	applications under part II or part IV, or petitions for
572	variances or waivers of permitting requirements under part II or
573	part IV, and the executive director may execute such delegated
574	authority through designated staff. Such delegation shall not be
575	subject to the rulemaking requirements of chapter 120. However,
576	the governing board shall provide a process for referring any
577	denial of such application or petition to the governing board to
578	take final action. Such process shall expressly prohibit any
579	member of a governing board from intervening in the review of an
580	application prior to the application being referred to the
581	governing board for final action. The authority in this
582	subsection is supplemental to any other provision of this
583	chapter granting authority to the governing board to delegate
584	specific powers, duties, or functions.
585	Section 15.  Subsection (4) of section 373.118, Florida
586	Statutes, is amended to read:
587	373.118  General permits; delegation.--
588	(4)  To provide for greater efficiency, the governing board
589	shall may delegate by rule its powers and duties pertaining to
590	general permits to the executive director and such delegation
591	shall not be subject to the rulemaking requirements of chapter
592	120. The executive director may execute such delegated authority
593	through designated staff. However, when delegating the authority
594	to take final action on permit applications under part II or
595	part IV or petitions for variances or waivers of permitting
596	requirements under part II or part IV, the governing board shall
597	provide a process for referring any denial of such application
598	or petition to the governing board to take such final action.
599	Section 16.  Subsections (6) and (7) are added to section
600	373.236, Florida Statutes, to read:
601	373.236  Duration of permits; compliance reports.--
602	(6)(a)  The Legislature finds that the need for alternative
603	water supply development projects to meet anticipated public
604	water supply demands of the state is such that it is essential
605	to encourage participation in and contribution to such projects
606	by private rural landowners who characteristically have
607	relatively modest near-term water demands but substantially
608	increasing demands after the 20-year planning period provided in
609	s. 373.0361. Therefore, where such landowners make extraordinary
610	contributions of lands or construction funding to enable the
611	expeditious implementation of such projects, water management
612	districts and the department are authorized to grant permits for
613	such projects for a period of up to 50 years to municipalities,
614	counties, special districts, regional water supply authorities,
615	multijurisdictional water supply entities, and publicly or
616	privately owned utilities created for or by the private
617	landowners on or before April 1, 2009, which have entered into
618	an agreement with the private landowner for the purposes of more
619	efficiently pursuing alternative public water supply development
620	projects identified in a district's regional water supply plan
621	and meeting water demands of both the applicant and the
622	landowner.
623	(b)  Any permit granted pursuant to paragraph (a) shall be
624	granted only for that period of time for which there is
625	sufficient data to provide reasonable assurance that the
626	conditions for permit issuance will be met. Such a permit shall
627	require a compliance report by the permittee every 5 years
628	during the term of the permit. The report shall contain
629	sufficient data to maintain reasonable assurance that the
630	conditions for permit issuance applicable at the time of
631	district review of the compliance report are met. Following
632	review of the report, the governing board or the department may
633	modify the permit to ensure that the use meets the conditions
634	for issuance. This subsection shall not limit the existing
635	authority of the department or the governing board to modify or
636	revoke a consumptive use permit.
637	(7)  A permit that is approved for the use of water for a
638	renewable energy generating facility or for cultivating
639	agricultural products on lands of 1,000 acres or more for
640	renewable energy, as defined in s. 366.91(2)(d), shall be
641	granted for a term of at least 25 years upon the applicant's
642	request, based on the anticipated life of the facility, if there
643	is sufficient data to provide reasonable assurance that the
644	conditions for permit issuance will be met for the duration of
645	the permit. Otherwise, a permit may be issued for a shorter
646	duration that reflects the longest period for which such
647	reasonable assurances are provided. The permittee shall provide
648	a compliance report every 5 years during the term of the permit,
649	as required in subsection (4).
650	Section 17.  Subsection (4) of section 373.243, Florida
651	Statutes, is amended to read:
652	373.243  Revocation of permits.--The governing board or the
653	department may revoke a permit as follows:
654	(4)  For nonuse of the water supply allowed by the permit
655	for a period of 2 years or more, the governing board or the
656	department may revoke the permit permanently and in whole unless
657	the user can prove that his or her nonuse was due to extreme
658	hardship caused by factors beyond the user's control. For a
659	permit having a duration determined under s. 373.236(7), the
660	governing board or the department has revocation authority only
661	if the nonuse of the water supply allowed by the permit is for a
662	period of 4 years or more.
663	Section 18.  Subsection (12) is added to section 373.406,
664	Florida Statutes, to read:
665	373.406  Exemptions.--The following exemptions shall apply:
666	(12)(a)  Construction of public use facilities in
667	accordance with Federal or state grant-approved projects on
668	county-owned natural lands or natural areas held by a county
669	under at least a 25-year lease. Such facilities may include a
670	parking lot, including an access road, not to exceed a total
671	size of 0.7 acres that is located entirely in uplands; at-grade
672	access trails located entirely in uplands; pile-supported
673	boardwalks having a maximum width of 6 feet, with exceptions for
674	ADA compliance; and pile-supported observation platforms each of
675	which shall not exceed 120 square feet in size.
676	(b)  No fill shall be placed in, on, or over wetlands or
677	other surface waters except pilings for boardwalks and
678	observation platforms, all of which structures located in, on,
679	or over wetlands and other surface waters shall be sited,
680	constructed, and elevated to minimize adverse impacts to native
681	vegetation and shall be limited to a combined area over wetlands
682	and other surface waters not to exceed 0.5 acres. All stormwater
683	flow from roads, parking areas, and trails shall sheet flow into
684	uplands, and the use of pervious pavement is encouraged.
685	Section 19.  Section 373.1181, Florida Statutes, is created
686	to read:
687	373.1181  Noticed general permit to counties for
688	environmental restoration activities.--
689	(1)  A general permit is granted to counties to construct,
690	operate, alter, maintain, or remove systems for the purposes of
691	environmental restoration or water quality improvements, subject
692	to the limitations and conditions of this section.
693	(2)  The following restoration activities are authorized by
694	this general permit:
695	(a)  Backfilling of existing agricultural or drainage
696	ditches, without piping, for the sole purpose of restoring a
697	more natural hydroperiod to publicly owned lands, provided that
698	offsite properties are not adversely affected.
699	(b)  Placement of riprap within 15 feet waterward of the
700	mean or ordinary high-water line for the purpose of preventing
701	or abating erosion of a predominantly natural shoreline,
702	provided that mangrove, seagrass, coral, sponge, and other
703	protected fresh water or marine communities are not adversely
704	affected.
705	(c)  Placement of riprap within 10 feet waterward of an
706	existing seawall or bulkhead and backfilling of the area between
707	the riprap and seawall or bulkhead with clean fill to an
708	intertidal elevation for the sole purpose of planting native
709	wetland vegetation provided that seagrass, coral, sponge, and
710	other protected fresh water or marine communities are not
711	adversely affected and all vegetation is obtained from an upland
712	nursery or from permitted donor locations.
713	(d)  Scrape down of spoil islands to an intertidal
714	elevation or a lower elevation at which light penetration is
715	expected to allow for seagrass or other native submerged aquatic
716	vegetation recruitment.
717	(e)  Backfilling of existing dredge holes that are at least
718	5 feet deeper than surrounding natural grades to an intertidal
719	elevation if doing so provides a regional net environmental
720	benefit or, at a minimum, to an elevation at which light
721	penetration is expected to allow for seagrass recruitment, with
722	no more than minimum displacement of highly organic sediments.
723	(f)  Placement of rock riprap or clean concrete in existing
724	dredge holes that are at least 5 feet deeper than surrounding
725	natural grades, provided that placed rock or concrete does not
726	protrude above surrounding natural grades.
727	(3)  In order to qualify for this general permit, the
728	activity must comply with the following requirements:
729	(a)  The project must be included in a management plan that
730	has been the subject of at least one public workshop.
731	(b)  The county commission must conduct at least one public
732	hearing within 1 year before project initiation.
733	(c)  The project may not be considered as mitigation for
734	any other project.
735	(d)  Activities in tidal waters are limited to those
736	waterbodies given priority restoration status pursuant to s.
737	373.453(1)(c).
738	(e)  Prior to submittal of a notice to use this general
739	permit, the county shall conduct at least one preapplication
740	meeting with appropriate district or department staff to discuss
741	project designs, implementation details, resource concerns, and
742	conditions for meeting applicable state water quality standards.
743	(4)  This general permit shall be subject to the following
744	specific conditions:
745	(a)  A project under this general permit shall not
746	significantly impede navigation or unreasonably infringe upon
747	the riparian rights of others. When a court of competent
748	jurisdiction determines that riparian rights have been
749	unlawfully affected, the structure or activity shall be modified
750	in accordance with the court's decision.
751	(b)  All erodible surfaces, including intertidal slopes
752	shall be revegetated with appropriate native plantings within 72
753	hours after completion of construction.
754	(c)  Riprap material shall be clean limestone, granite, or
755	other native rock measuring 1 foot to 3 feet in diameter.
756	(d)  Except as otherwise allowed under this general permit
757	fill material used to backfill dredge holes or seawall planter
758	areas shall be local, native material legally removed from
759	nearby submerged lands or shall be similar material brought to
760	the site, either of which shall comply with the standard of not
761	more than 10 percent of the material passing through a #200
762	standard sieve and containing no more than 10 percent organic
763	content, and is free of contaminants that will cause violations
764	of state water quality standards.
765	(e)  Turbidity shall be monitored and controlled at all
766	times such that turbidity immediately outside the project area
767	complies with rules 62-302 and 62-4.242, Florida Administrative
768	Code.
769	(f)  Equipment, barges, and staging areas shall not be
770	stored or operated so as to adversely impact seagrass, coral,
771	sponge, or other protected freshwater or marine communities.
772	(g)  Structures shall be maintained in a functional
773	condition and shall be repaired or removed if they become
774	dilapidated to such an extent that they are no longer
775	functional. This shall not be construed to prohibit the repair
776	or replacement subject to the provisions of rule 18-21.005,
777	Florida Administrative Code, within 1 year after a structure is
778	damaged in a discrete event such as a storm, flood, accident, or
779	fire.
780	(h)  All work under this general permit shall be conducted
781	in conformance with the general conditions of rule 62-341.215,
782	Florida Administrative Code.
783	(i)  Construction, use, or operation of the structure or
784	activity shall not adversely affect any species that is
785	endangered, threatened or of special concern, as listed in rules
786	68A-27.003, 68A-27.004, and 68A-27.005, Florida Administrative
787	Code.
788	(j)  The activity may not adversely impact vessels or
789	structures of archaeological or historical value relating to the
790	history, government, and culture of the state which are defined
791	as historic properties in s. 267.021.
792	(5)  The district or department, as applicable, shall
793	provide written notification as to whether the proposed activity
794	qualifies for the general permit within 30 days after receipt of
795	written notice of a county's intent to use the general permit.
796	If the district or department notifies the county that the
797	system does not qualify for a noticed general permit due to an
798	error or omission in the original notice to the district or the
799	department, the county shall have 30 days from the date of the
800	notification to amend the notice to use the general permit and
801	submit such additional information to correct such error or
802	omission.
803	(6)  This general permit constitutes a letter of consent by
804	the Board of Trustees of the Internal Improvement Trust Fund
805	under chapters 253 and 258, where applicable, and chapters 18-
806	18, 18-20, and 18-21, Florida Administrative Code, where
807	applicable, for the county to enter upon and use state-owned
808	submerged lands to the extent necessary to complete the
809	activities. Activities conducted under this general permit do
810	not divest the state from the continued ownership of lands that
811	were state-owned lands prior to any use, construction, or
812	implementation of this general permit.
813	Section 20.  Subsection (2) of section 373.4141, Florida
814	Statutes, is amended to read:
815	373.4141  Permits; processing.--
816	(2)  Notwithstanding the provisions of s. 120.60, an
817	applicant for a permit under this part shall have 90 days after
818	the date of a timely request for additional information to
819	submit such information. If an applicant requires more than 90
820	days to respond to a request for additional information, the
821	applicant must notify the agency processing the permit
822	application in writing of the circumstances, at which time the
823	application shall be held in active status for no more than one
824	additional period of up to 90 days. Additional extensions may be
825	granted for good cause shown by the applicant. A showing that
826	the applicant is making a diligent effort to obtain the
827	requested additional information shall constitute good cause.
828	Failure of an applicant to provide the timely requested
829	information by the applicable deadline shall result in denial of
830	the application without prejudice A permit shall be approved or
831	denied within 90 days after receipt of the original application,
832	the last item of timely requested additional material, or the
833	applicant's written request to begin processing the permit
834	application.
835	Section 21.  Subsection (4) is added to section 373.441,
836	Florida Statutes, to read:
837	373.441  Role of counties, municipalities, and local
838	pollution control programs in permit processing.--
839	(4)  Upon delegation to a qualified local government, the
840	department and water management district shall not regulate the
841	activities subject to the delegation within that jurisdiction
842	unless regulation is required pursuant to the terms of the
843	delegation agreement.
844	Section 22.  Subsection (29) of section 403.061, Florida
845	Statutes, is amended, subsection (40) is renumbered as section
846	(43), and new subsections (40), (41), and (42) are added to that
847	section, to read:
848	403.061  Department; powers and duties.--The department
849	shall have the power and the duty to control and prohibit
850	pollution of air and water in accordance with the law and rules
851	adopted and promulgated by it and, for this purpose, to:
852	(29)  Adopt by rule special criteria to protect Class II
853	shellfish harvesting waters. Rules previously adopted by the
854	department in rule 17-4.28(8)(a), Florida Administrative Code,
855	are hereby ratified and determined to be a valid exercise of
856	delegated legislative authority and shall remain in effect
857	unless amended by the Environmental Regulation Commission. Such
858	rules may include special criteria for approval of docking
859	facilities with 10 or fewer slips where construction and
860	operation of such facilities will not result in the closure of
861	shellfish waters.
862	(40)  Maintain a list of projects or activities, including
863	mitigation banks, that applicants may consider when developing
864	proposals to meet the mitigation or public interest requirements
865	of this chapter, chapter 253, or chapter 373. The contents of
866	such a list are not a rule as defined in chapter 120, and
867	listing a specific project or activity does not imply approval
868	by the department for such project or activity. Each county
869	government is encouraged to develop an inventory of projects or
870	activities for inclusion on the list by obtaining input from
871	local stakeholder groups in the public, private, and nonprofit
872	sectors, including local governments, port authorities, marine
873	contractors, other representatives of the marine construction
874	industry, environmental or conservation organizations, and other
875	interested parties. A county may establish dedicated funds for
876	depositing public interest donations into a reserve for future
877	public interest projects, including improving on-water law
878	enforcement.
879	(41)  Develop a project management plan to implement an e-
880	permitting program that allows for timely submission and
881	exchange of permit application and compliance information that
882	yields positive benefits in support of the department's mission,
883	permit applicants, permitholders, and the public. The plan shall
884	include an implementation timetable, estimated costs, and
885	transaction fees. The department shall submit the plan to the
886	President of the Senate, the Speaker of the House of
887	Representatives, and the Legislative Committee on
888	Intergovernmental Relations by January 15, 2010.
889	(42)  Expand the use of online self-certification for
890	appropriate exemptions and general permits issued by the
891	department and the water management districts providing such
892	expansion is economically feasible. Notwithstanding any other
893	provision of law, a local government is prohibited from
894	specifying the method or form of documentation that a project
895	meets the provisions for authorization under chapter 161,
896	chapter 253, chapter 373, or chapter 403. This shall include
897	Internet-based programs of the department that provide for self-
898	certification.
899
900	The department shall implement such programs in conjunction with
901	its other powers and duties and shall place special emphasis on
902	reducing and eliminating contamination that presents a threat to
903	humans, animals or plants, or to the environment.
904	Section 23.  Subsections (1) and (2) of section 403.813,
905	Florida Statutes, as amended by section 52 of chapter 2009-21,
906	Laws of Florida, are amended to read:
907	403.813  Permits issued at district centers; exceptions.--
908	(1)  A permit is not required under this chapter, chapter
909	373, chapter 61-691, Laws of Florida, or chapter 25214 or
910	chapter 25270, 1949, Laws of Florida, for activities associated
911	with the following types of projects; however, except as
912	otherwise provided in this subsection, nothing in this
913	subsection does not relieve relieves an applicant from any
914	requirement to obtain permission to use or occupy lands owned by
915	the Board of Trustees of the Internal Improvement Trust Fund or
916	any water management district in its governmental or proprietary
917	capacity or from complying with applicable local pollution
918	control programs authorized under this chapter or other
919	requirements of county and municipal governments:
920	(a)  The installation of overhead transmission lines, with
921	support structures which are not constructed in waters of the
922	state and which do not create a navigational hazard.
923	(b)  The installation and repair of mooring pilings and
924	dolphins associated with private docking facilities or piers and
925	the installation of private docks, piers and recreational
926	docking facilities, or piers and recreational docking facilities
927	of local governmental entities when the local governmental
928	entity's activities will not take place in any manatee habitat,
929	any of which docks:
930	1.  Has 500 square feet or less of over-water surface area
931	for a dock which is located in an area designated as Outstanding
932	Florida Waters or 1,000 square feet or less of over-water
933	surface area for a dock which is located in an area which is not
934	designated as Outstanding Florida Waters;
935	2.  Is constructed on or held in place by pilings or is a
936	floating dock which is constructed so as not to involve filling
937	or dredging other than that necessary to install the pilings;
938	3.  Shall not substantially impede the flow of water or
939	create a navigational hazard;
940	4.  Is used for recreational, noncommercial activities
941	associated with the mooring or storage of boats and boat
942	paraphernalia; and
943	5.  Is the sole dock constructed pursuant to this exemption
944	as measured along the shoreline for a distance of 65 feet,
945	unless the parcel of land or individual lot as platted is less
946	than 65 feet in length along the shoreline, in which case there
947	may be one exempt dock allowed per parcel or lot.
948
949	Nothing in this paragraph shall prohibit the department from
950	taking appropriate enforcement action pursuant to this chapter
951	to abate or prohibit any activity otherwise exempt from
952	permitting pursuant to this paragraph if the department can
953	demonstrate that the exempted activity has caused water
954	pollution in violation of this chapter.
955	(c)  The installation and maintenance to design
956	specifications of boat ramps on artificial bodies of water where
957	navigational access to the proposed ramp exists or the
958	installation of boat ramps open to the public in any waters of
959	the state where navigational access to the proposed ramp exists
960	and where the construction of the proposed ramp will be less
961	than 30 feet wide and will involve the removal of less than 25
962	cubic yards of material from the waters of the state, and the
963	maintenance to design specifications of such ramps; however, the
964	material to be removed shall be placed upon a self-contained
965	upland site so as to prevent the escape of the spoil material
966	into the waters of the state.
967	(d)  The replacement or repair of existing docks and piers,
968	except that no fill material is to be used and provided that the
969	replacement or repaired dock or pier is in the same location and
970	of the same configuration and dimensions as the dock or pier
971	being replaced or repaired. This does not preclude the use of
972	different construction materials or minor deviations to allow
973	upgrades to current structural and design standards.
974	(e)  The restoration of seawalls at their previous
975	locations or upland of, or within 1 foot waterward of, their
976	previous locations. However, this shall not affect the
977	permitting requirements of chapter 161, and department rules
978	shall clearly indicate that this exception does not constitute
979	an exception from the permitting requirements of chapter 161.
980	(f)  The performance of maintenance dredging of existing
981	manmade canals, channels, intake and discharge structures, and
982	previously dredged portions of natural water bodies within
983	drainage rights-of-way or drainage easements which have been
984	recorded in the public records of the county, where the spoil
985	material is to be removed and deposited on a self-contained,
986	upland spoil site which will prevent the escape of the spoil
987	material into the waters of the state, provided that no more
988	dredging is to be performed than is necessary to restore the
989	canals, channels, and intake and discharge structures, and
990	previously dredged portions of natural water bodies, to original
991	design specifications or configurations, provided that the work
992	is conducted in compliance with s. 379.2431(2)(d), provided that
993	no significant impacts occur to previously undisturbed natural
994	areas, and provided that control devices for return flow and
995	best management practices for erosion and sediment control are
996	utilized to prevent bank erosion and scouring and to prevent
997	turbidity, dredged material, and toxic or deleterious substances
998	from discharging into adjacent waters during maintenance
999	dredging. Further, for maintenance dredging of previously
1000	dredged portions of natural water bodies within recorded
1001	drainage rights-of-way or drainage easements, an entity that
1002	seeks an exemption must notify the department or water
1003	management district, as applicable, at least 30 days prior to
1004	dredging and provide documentation of original design
1005	specifications or configurations where such exist. This
1006	exemption applies to all canals and previously dredged portions
1007	of natural water bodies within recorded drainage rights-of-way
1008	or drainage easements constructed prior to April 3, 1970, and to
1009	those canals and previously dredged portions of natural water
1010	bodies constructed on or after April 3, 1970, pursuant to all
1011	necessary state permits. This exemption does not apply to the
1012	removal of a natural or manmade barrier separating a canal or
1013	canal system from adjacent waters. When no previous permit has
1014	been issued by the Board of Trustees of the Internal Improvement
1015	Trust Fund or the United States Army Corps of Engineers for
1016	construction or maintenance dredging of the existing manmade
1017	canal or intake or discharge structure, such maintenance
1018	dredging shall be limited to a depth of no more than 5 feet
1019	below mean low water. The Board of Trustees of the Internal
1020	Improvement Trust Fund may fix and recover from the permittee an
1021	amount equal to the difference between the fair market value and
1022	the actual cost of the maintenance dredging for material removed
1023	during such maintenance dredging. However, no charge shall be
1024	exacted by the state for material removed during such
1025	maintenance dredging by a public port authority. The removing
1026	party may subsequently sell such material; however, proceeds
1027	from such sale that exceed the costs of maintenance dredging
1028	shall be remitted to the state and deposited in the Internal
1029	Improvement Trust Fund.
1030	(g)  The maintenance of existing insect control structures,
1031	dikes, and irrigation and drainage ditches, provided that spoil
1032	material is deposited on a self-contained, upland spoil site
1033	which will prevent the escape of the spoil material into waters
1034	of the state. In the case of insect control structures, if the
1035	cost of using a self-contained upland spoil site is so
1036	excessive, as determined by the Department of Health, pursuant
1037	to s. 403.088(1), that it will inhibit proposed insect control,
1038	then-existing spoil sites or dikes may be used, upon
1039	notification to the department. In the case of insect control
1040	where upland spoil sites are not used pursuant to this
1041	exemption, turbidity control devices shall be used to confine
1042	the spoil material discharge to that area previously disturbed
1043	when the receiving body of water is used as a potable water
1044	supply, is designated as shellfish harvesting waters, or
1045	functions as a habitat for commercially or recreationally
1046	important shellfish or finfish. In all cases, no more dredging
1047	is to be performed than is necessary to restore the dike or
1048	irrigation or drainage ditch to its original design
1049	specifications.
1050	(h)  The repair or replacement of existing functional pipes
1051	or culverts the purpose of which is the discharge or conveyance
1052	of stormwater. In all cases, the invert elevation, the diameter,
1053	and the length of the culvert shall not be changed. However, the
1054	material used for the culvert may be different from the
1055	original.
1056	(i)  The construction of private docks of 1,000 square feet
1057	or less of over-water surface area and seawalls in artificially
1058	created waterways where such construction will not violate
1059	existing water quality standards, impede navigation, or affect
1060	flood control. This exemption does not apply to the construction
1061	of vertical seawalls in estuaries or lagoons unless the proposed
1062	construction is within an existing manmade canal where the
1063	shoreline is currently occupied in whole or part by vertical
1064	seawalls.
1065	(j)  The construction and maintenance of swales.
1066	(k)  The installation of aids to navigation and buoys
1067	associated with such aids, provided the devices are marked
1068	pursuant to s. 327.40.
1069	(l)  The replacement or repair of existing open-trestle
1070	foot bridges and vehicular bridges that are 100 feet or less in
1071	length and two lanes or less in width, provided that no more
1072	dredging or filling of submerged lands is performed other than
1073	that which is necessary to replace or repair pilings and that
1074	the structure to be replaced or repaired is the same length, the
1075	same configuration, and in the same location as the original
1076	bridge. No debris from the original bridge shall be allowed to
1077	remain in the waters of the state.
1078	(m)  The installation of subaqueous transmission and
1079	distribution lines laid on, or embedded in, the bottoms of
1080	waters in the state, except in Class I and Class II waters and
1081	aquatic preserves, provided no dredging or filling is necessary.
1082	(n)  The replacement or repair of subaqueous transmission
1083	and distribution lines laid on, or embedded in, the bottoms of
1084	waters of the state.
1085	(o)  The construction of private seawalls in wetlands or
1086	other surface waters where such construction is between and
1087	adjoins at both ends existing seawalls; follows a continuous and
1088	uniform seawall construction line with the existing seawalls; is
1089	no more than 150 feet in length; and does not violate existing
1090	water quality standards, impede navigation, or affect flood
1091	control. However, in estuaries and lagoons the construction of
1092	vertical seawalls is limited to the circumstances and purposes
1093	stated in s. 373.414(5)(b)1.-4. This paragraph does not affect
1094	the permitting requirements of chapter 161, and department rules
1095	must clearly indicate that this exception does not constitute an
1096	exception from the permitting requirements of chapter 161.
1097	(p)  The restoration of existing insect control impoundment
1098	dikes which are less than 100 feet in length. Such impoundments
1099	shall be connected to tidally influenced waters for 6 months
1100	each year beginning September 1 and ending February 28 if
1101	feasible or operated in accordance with an impoundment
1102	management plan approved by the department. A dike restoration
1103	may involve no more dredging than is necessary to restore the
1104	dike to its original design specifications. For the purposes of
1105	this paragraph, restoration does not include maintenance of
1106	impoundment dikes of operating insect control impoundments.
1107	(q)  The construction, operation, or maintenance of
1108	stormwater management facilities which are designed to serve
1109	single-family residential projects, including duplexes,
1110	triplexes, and quadruplexes, if they are less than 10 acres
1111	total land and have less than 2 acres of impervious surface and
1112	if the facilities:
1113	1.  Comply with all regulations or ordinances applicable to
1114	stormwater management and adopted by a city or county;
1115	2.  Are not part of a larger common plan of development or
1116	sale; and
1117	3.  Discharge into a stormwater discharge facility exempted
1118	or permitted by the department under this chapter which has
1119	sufficient capacity and treatment capability as specified in
1120	this chapter and is owned, maintained, or operated by a city,
1121	county, special district with drainage responsibility, or water
1122	management district; however, this exemption does not authorize
1123	discharge to a facility without the facility owner's prior
1124	written consent.
1125	(r)  The removal of aquatic plants, the removal of
1126	tussocks, the associated replanting of indigenous aquatic
1127	plants, and the associated removal from lakes of organic
1128	detrital material when such planting or removal is performed and
1129	authorized by permit or exemption granted under s. 369.20 or s.
1130	369.25, provided that:
1131	1.  Organic detrital material that exists on the surface of
1132	natural mineral substrate shall be allowed to be removed to a
1133	depth of 3 feet or to the natural mineral substrate, whichever
1134	is less;
1135	2.  All material removed pursuant to this paragraph shall
1136	be deposited in an upland site in a manner that will prevent the
1137	reintroduction of the material into waters in the state except
1138	when spoil material is permitted to be used to create wildlife
1139	islands in freshwater bodies of the state when a governmental
1140	entity is permitted pursuant to s. 369.20 to create such islands
1141	as a part of a restoration or enhancement project;
1142	3.  All activities are performed in a manner consistent
1143	with state water quality standards; and
1144	4.  No activities under this exemption are conducted in
1145	wetland areas, as defined by s. 373.019(25), which are supported
1146	by a natural soil as shown in applicable United States
1147	Department of Agriculture county soil surveys, except when a
1148	governmental entity is permitted pursuant to s. 369.20 to
1149	conduct such activities as a part of a restoration or
1150	enhancement project.
1151
1152	The department may not adopt implementing rules for this
1153	paragraph, notwithstanding any other provision of law.
1154	(s)  The construction, installation, operation, or
1155	maintenance of floating vessel platforms or floating boat lifts,
1156	provided that such structures:
1157	1.  Float at all times in the water for the sole purpose of
1158	supporting a vessel so that the vessel is out of the water when
1159	not in use;
1160	2.  Are wholly contained within a boat slip previously
1161	permitted under ss. 403.91-403.929, 1984 Supplement to the
1162	Florida Statutes 1983, as amended, or part IV of chapter 373, or
1163	do not exceed a combined total of 500 square feet, or 200 square
1164	feet in an Outstanding Florida Water, when associated with a
1165	dock that is exempt under this subsection or associated with a
1166	permitted dock with no defined boat slip or attached to a
1167	bulkhead on a parcel of land where there is no other docking
1168	structure;
1169	3.  Are not used for any commercial purpose or for mooring
1170	vessels that remain in the water when not in use, and do not
1171	substantially impede the flow of water, create a navigational
1172	hazard, or unreasonably infringe upon the riparian rights of
1173	adjacent property owners, as defined in s. 253.141;
1174	4.  Are constructed and used so as to minimize adverse
1175	impacts to submerged lands, wetlands, shellfish areas, aquatic
1176	plant and animal species, and other biological communities,
1177	including locating such structures in areas where seagrasses are
1178	least dense adjacent to the dock or bulkhead; and
1179	5.  Are not constructed in areas specifically prohibited
1180	for boat mooring under conditions of a permit issued in
1181	accordance with ss. 403.91-403.929, 1984 Supplement to the
1182	Florida Statutes 1983, as amended, or part IV of chapter 373, or
1183	other form of authorization issued by a local government.
1184
1185	Structures that qualify for this exemption are relieved from any
1186	requirement to obtain permission to use or occupy lands owned by
1187	the Board of Trustees of the Internal Improvement Trust Fund
1188	and, with the exception of those structures attached to a
1189	bulkhead on a parcel of land where there is no docking
1190	structure, shall not be subject to any more stringent permitting
1191	requirements, registration requirements, or other regulation by
1192	any local government. Local governments may require either
1193	permitting or one-time registration of floating vessel platforms
1194	to be attached to a bulkhead on a parcel of land where there is
1195	no other docking structure as necessary to ensure compliance
1196	with local ordinances, codes, or regulations. Local governments
1197	may require either permitting or one-time registration of all
1198	other floating vessel platforms as necessary to ensure
1199	compliance with the exemption criteria in this section; to
1200	ensure compliance with local ordinances, codes, or regulations
1201	relating to building or zoning, which are no more stringent than
1202	the exemption criteria in this section or address subjects other
1203	than subjects addressed by the exemption criteria in this
1204	section; and to ensure proper installation, maintenance, and
1205	precautionary or evacuation action following a tropical storm or
1206	hurricane watch of a floating vessel platform or floating boat
1207	lift that is proposed to be attached to a bulkhead or parcel of
1208	land where there is no other docking structure. The exemption
1209	provided in this paragraph shall be in addition to the exemption
1210	provided in paragraph (b). The department shall adopt a general
1211	permit by rule for the construction, installation, operation, or
1212	maintenance of those floating vessel platforms or floating boat
1213	lifts that do not qualify for the exemption provided in this
1214	paragraph but do not cause significant adverse impacts to occur
1215	individually or cumulatively. The issuance of such general
1216	permit shall also constitute permission to use or occupy lands
1217	owned by the Board of Trustees of the Internal Improvement Trust
1218	Fund. No local government shall impose a more stringent
1219	regulation, permitting requirement, registration requirement, or
1220	other regulation covered by such general permit. Local
1221	governments may require either permitting or one-time
1222	registration of floating vessel platforms as necessary to ensure
1223	compliance with the general permit in this section; to ensure
1224	compliance with local ordinances, codes, or regulations relating
1225	to building or zoning that are no more stringent than the
1226	general permit in this section; and to ensure proper
1227	installation and maintenance of a floating vessel platform or
1228	floating boat lift that is proposed to be attached to a bulkhead
1229	or parcel of land where there is no other docking structure.
1230	(t)  The repair, stabilization, or paving of existing
1231	county maintained roads and the repair or replacement of bridges
1232	that are part of the roadway, within the Northwest Florida Water
1233	Management District and the Suwannee River Water Management
1234	District, provided:
1235	1.  The road and associated bridge were in existence and in
1236	use as a public road or bridge, and were maintained by the
1237	county as a public road or bridge on or before January 1, 2002;
1238	2.  The construction activity does not realign the road or
1239	expand the number of existing traffic lanes of the existing
1240	road; however, the work may include the provision of safety
1241	shoulders, clearance of vegetation, and other work reasonably
1242	necessary to repair, stabilize, pave, or repave the road,
1243	provided that the work is constructed by generally accepted
1244	engineering standards;
1245	3.  The construction activity does not expand the existing
1246	width of an existing vehicular bridge in excess of that
1247	reasonably necessary to properly connect the bridge with the
1248	road being repaired, stabilized, paved, or repaved to safely
1249	accommodate the traffic expected on the road, which may include
1250	expanding the width of the bridge to match the existing
1251	connected road. However, no debris from the original bridge
1252	shall be allowed to remain in waters of the state, including
1253	wetlands;
1254	4.  Best management practices for erosion control shall be
1255	employed as necessary to prevent water quality violations;
1256	5.  Roadside swales or other effective means of stormwater
1257	treatment must be incorporated as part of the project;
1258	6.  No more dredging or filling of wetlands or water of the
1259	state is performed than that which is reasonably necessary to
1260	repair, stabilize, pave, or repave the road or to repair or
1261	replace the bridge, in accordance with generally accepted
1262	engineering standards; and
1263	7.  Notice of intent to use the exemption is provided to
1264	the department, if the work is to be performed within the
1265	Northwest Florida Water Management District, or to the Suwannee
1266	River Water Management District, if the work is to be performed
1267	within the Suwannee River Water Management District, 30 days
1268	prior to performing any work under the exemption.
1269
1270	Within 30 days after this act becomes a law, the department
1271	shall initiate rulemaking to adopt a no fee general permit for
1272	the repair, stabilization, or paving of existing roads that are
1273	maintained by the county and the repair or replacement of
1274	bridges that are part of the roadway where such activities do
1275	not cause significant adverse impacts to occur individually or
1276	cumulatively. The general permit shall apply statewide and, with
1277	no additional rulemaking required, apply to qualified projects
1278	reviewed by the Suwannee River Water Management District, the
1279	St. Johns River Water Management District, the Southwest Florida
1280	Water Management District, and the South Florida Water
1281	Management District under the division of responsibilities
1282	contained in the operating agreements applicable to part IV of
1283	chapter 373. Upon adoption, this general permit shall, pursuant
1284	to the provisions of subsection (2), supersede and replace the
1285	exemption in this paragraph.
1286	(u)  Notwithstanding any provision to the contrary in this
1287	subsection, a permit or other authorization under chapter 253,
1288	chapter 369, chapter 373, or this chapter is not required for an
1289	individual residential property owner for the removal of organic
1290	detrital material from freshwater rivers or lakes that have a
1291	natural sand or rocky substrate and that are not Aquatic
1292	Preserves or for the associated removal and replanting of
1293	aquatic vegetation for the purpose of environmental enhancement,
1294	providing that:
1295	1.  No activities under this exemption are conducted in
1296	wetland areas, as defined by s. 373.019(25), which are supported
1297	by a natural soil as shown in applicable United States
1298	Department of Agriculture county soil surveys.
1299	2.  No filling or peat mining is allowed.
1300	3.  No removal of native wetland trees, including, but not
1301	limited to, ash, bay, cypress, gum, maple, or tupelo, occurs.
1302	4.  When removing organic detrital material, no portion of
1303	the underlying natural mineral substrate or rocky substrate is
1304	removed.
1305	5.  Organic detrital material and plant material removed is
1306	deposited in an upland site in a manner that will not cause
1307	water quality violations.
1308	6.  All activities are conducted in such a manner, and with
1309	appropriate turbidity controls, so as to prevent any water
1310	quality violations outside the immediate work area.
1311	7.  Replanting with a variety of aquatic plants native to
1312	the state shall occur in a minimum of 25 percent of the
1313	preexisting vegetated areas where organic detrital material is
1314	removed, except for areas where the material is removed to bare
1315	rocky substrate; however, an area may be maintained clear of
1316	vegetation as an access corridor. The access corridor width may
1317	not exceed 50 percent of the property owner's frontage or 50
1318	feet, whichever is less, and may be a sufficient length
1319	waterward to create a corridor to allow access for a boat or
1320	swimmer to reach open water. Replanting must be at a minimum
1321	density of 2 feet on center and be completed within 90 days
1322	after removal of existing aquatic vegetation, except that under
1323	dewatered conditions replanting must be completed within 90 days
1324	after reflooding. The area to be replanted must extend waterward
1325	from the ordinary high water line to a point where normal water
1326	depth would be 3 feet or the preexisting vegetation line,
1327	whichever is less. Individuals are required to make a reasonable
1328	effort to maintain planting density for a period of 6 months
1329	after replanting is complete, and the plants, including
1330	naturally recruited native aquatic plants, must be allowed to
1331	expand and fill in the revegetation area. Native aquatic plants
1332	to be used for revegetation must be salvaged from the
1333	enhancement project site or obtained from an aquatic plant
1334	nursery regulated by the Department of Agriculture and Consumer
1335	Services. Plants that are not native to the state may not be
1336	used for replanting.
1337	8.  No activity occurs any farther than 100 feet waterward
1338	of the ordinary high water line, and all activities must be
1339	designed and conducted in a manner that will not unreasonably
1340	restrict or infringe upon the riparian rights of adjacent upland
1341	riparian owners.
1342	9.  The person seeking this exemption notifies the
1343	applicable department district office in writing at least 30
1344	days before commencing work and allows the department to conduct
1345	a preconstruction site inspection. Notice must include an
1346	organic-detrital-material removal and disposal plan and, if
1347	applicable, a vegetation-removal and revegetation plan.
1348	10.  The department is provided written certification of
1349	compliance with the terms and conditions of this paragraph
1350	within 30 days after completion of any activity occurring under
1351	this exemption.
1352	(2)  The provisions of subsection (1) are superseded by
1353	general permits established pursuant to ss. 373.118 and 403.814
1354	which include the same activities. Until such time as general
1355	permits are established, or if should general permits are be
1356	suspended or repealed, the exemptions under subsection (1) shall
1357	remain or shall be reestablished in full force and effect.
1358	Section 24.  Subsection (12) is added to section 403.814,
1359	Florida Statutes, to read:
1360	403.814  General permits; delegation.--
1361	(12)  The department shall expand the use of Internet-based
1362	self-certification services for appropriate exemptions and
1363	general permits issued by the department and water management
1364	districts, providing such expansion is economically feasible. In
1365	addition, the department shall identify and develop general
1366	permits for activities currently requiring individual review
1367	which could be expedited through the use of professional
1368	certifications. The department shall submit a report on progress
1369	of these efforts to the President of the Senate and the Speaker
1370	of the House of Representatives by January 15, 2010.
1371	Section 25.  Section 403.973, Florida Statutes, is amended
1372	to read:
1373	403.973  Expedited permitting; comprehensive plan
1374	amendments.--
1375	(1)  It is the intent of the Legislature to encourage and
1376	facilitate the location and expansion of those types of economic
1377	development projects which offer job creation and high wages,
1378	strengthen and diversify the state's economy, and have been
1379	thoughtfully planned to take into consideration the protection
1380	of the state's environment. It is also the intent of the
1381	Legislature to provide for an expedited permitting and
1382	comprehensive plan amendment process for such projects.
1383	(2)  As used in this section, the term:
1384	(a)  "Duly noticed" means publication in a newspaper of
1385	general circulation in the municipality or county with
1386	jurisdiction. The notice shall appear on at least 2 separate
1387	days, one of which shall be at least 7 days before the meeting.
1388	The notice shall state the date, time, and place of the meeting
1389	scheduled to discuss or enact the memorandum of agreement, and
1390	the places within the municipality or county where such proposed
1391	memorandum of agreement may be inspected by the public. The
1392	notice must be one-eighth of a page in size and must be
1393	published in a portion of the paper other than the legal notices
1394	section. The notice shall also advise that interested parties
1395	may appear at the meeting and be heard with respect to the
1396	memorandum of agreement.
1397	(b)  "Jobs" means permanent, full-time equivalent positions
1398	not including construction jobs.
1399	(c)  "Office" means the Office of Tourism, Trade, and
1400	Economic Development.
1401	(c)(d)  "Permit applications" means state permits and
1402	licenses, and at the option of a participating local government,
1403	local development permits or orders.
1404	(d)  "Secretary" means the Secretary of Environmental
1405	Protection or his or her designee.
1406	(3)(a)  The secretary Governor, through the office, shall
1407	direct the creation of regional permit action teams, for the
1408	purpose of expediting review of permit applications and local
1409	comprehensive plan amendments submitted by:
1410	1.  Businesses creating at least 50 100 jobs, or
1411	2.  Businesses creating at least 25 50 jobs if the project
1412	is located in an enterprise zone, or in a county having a
1413	population of less than 75,000 or in a county having a
1414	population of less than 100,000 which is contiguous to a county
1415	having a population of less than 75,000, as determined by the
1416	most recent decennial census, residing in incorporated and
1417	unincorporated areas of the county, or
1418	(b)  On a case-by-case basis and at the request of a county
1419	or municipal government, the secretary office may certify as
1420	eligible for expedited review a project not meeting the minimum
1421	job creation thresholds but creating a minimum of 10 jobs. The
1422	recommendation from the governing body of the county or
1423	municipality in which the project may be located is required in
1424	order for the secretary office to certify that any project is
1425	eligible for expedited review under this paragraph. When
1426	considering projects that do not meet the minimum job creation
1427	thresholds but that are recommended by the governing body in
1428	which the project may be located, the secretary office shall
1429	consider economic impact factors that include, but are not
1430	limited to:
1431	1.  The proposed wage and skill levels relative to those
1432	existing in the area in which the project may be located;
1433	2.  The project's potential to diversify and strengthen the
1434	area's economy;
1435	3.  The amount of capital investment; and
1436	4.  The number of jobs that will be made available for
1437	persons served by the welfare transition program.
1438	(c)  At the request of a county or municipal government,
1439	the secretary office or a Quick Permitting County may certify
1440	projects located in counties where the ratio of new jobs per
1441	participant in the welfare transition program, as determined by
1442	Workforce Florida, Inc., is less than one or otherwise critical,
1443	as eligible for the expedited permitting process. Such projects
1444	must meet the numerical job creation criteria of this
1445	subsection, but the jobs created by the project do not have to
1446	be high-wage jobs that diversify the state's economy.
1447	(d)  Projects located in a designated brownfield area are
1448	eligible for the expedited permitting process.
1449	(e)  Projects that are part of the state-of-the-art
1450	biomedical research institution and campus to be established in
1451	this state by the grantee under s. 288.955 are eligible for the
1452	expedited permitting process, if the projects are designated as
1453	part of the institution or campus by the board of county
1454	commissioners of the county in which the institution and campus
1455	are established.
1456	(f)  Projects that result in the production of biofuels
1457	cultivated on lands that are 1,000 acres or more or the
1458	construction of a biofuel or biodiesel processing facility or a
1459	facility generating renewable energy as defined in s.
1460	366.91(2)(d) are eligible for the expedited permitting process.
1461	(4)  The regional teams shall be established through the
1462	execution of memoranda of agreement developed by the applicant
1463	and between the secretary, with input solicited from office and
1464	the respective heads of the Department of Environmental
1465	Protection, the Department of Community Affairs, the Department
1466	of Transportation and its district offices, the Department of
1467	Agriculture and Consumer Services, the Fish and Wildlife
1468	Conservation Commission, appropriate regional planning councils,
1469	appropriate water management districts, and voluntarily
1470	participating municipalities and counties. The memoranda of
1471	agreement should also accommodate participation in this
1472	expedited process by other local governments and federal
1473	agencies as circumstances warrant.
1474	(5)  In order to facilitate local government's option to
1475	participate in this expedited review process, the secretary
1476	office shall, in cooperation with local governments and
1477	participating state agencies, create a standard form memorandum
1478	of agreement. A local government shall hold a duly noticed
1479	public workshop to review and explain to the public the
1480	expedited permitting process and the terms and conditions of the
1481	standard form memorandum of agreement.
1482	(6)  The local government shall hold a duly noticed public
1483	hearing to execute a memorandum of agreement for each qualified
1484	project. Notwithstanding any other provision of law, and at the
1485	option of the local government, the workshop provided for in
1486	subsection (5) may be conducted on the same date as the public
1487	hearing held under this subsection. The memorandum of agreement
1488	that a local government signs shall include a provision
1489	identifying necessary local government procedures and time
1490	limits that will be modified to allow for the local government
1491	decision on the project within 90 days. The memorandum of
1492	agreement applies to projects, on a case-by-case basis, that
1493	qualify for special review and approval as specified in this
1494	section. The memorandum of agreement must make it clear that
1495	this expedited permitting and review process does not modify,
1496	qualify, or otherwise alter existing local government
1497	nonprocedural standards for permit applications, unless
1498	expressly authorized by law.
1499	(7)  At the option of the participating local government,
1500	Appeals of local government approvals its final approval for a
1501	project shall may be pursuant to the summary hearing provisions
1502	of s. 120.574, pursuant to subsection (14), and be consolidated
1503	with the challenge of any applicable state agency actions or
1504	pursuant to other appellate processes available to the local
1505	government. The local government's decision to enter into a
1506	summary hearing must be made as provided in s. 120.574 or in the
1507	memorandum of agreement.
1508	(8)  Each memorandum of agreement shall include a process
1509	for final agency action on permit applications and local
1510	comprehensive plan amendment approvals within 90 days after
1511	receipt of a completed application, unless the applicant agrees
1512	to a longer time period or the secretary office determines that
1513	unforeseen or uncontrollable circumstances preclude final agency
1514	action within the 90-day timeframe. Permit applications governed
1515	by federally delegated or approved permitting programs whose
1516	requirements would prohibit or be inconsistent with the 90-day
1517	timeframe are exempt from this provision, but must be processed
1518	by the agency with federally delegated or approved program
1519	responsibility as expeditiously as possible.
1520	(9)  The secretary office shall inform the Legislature by
1521	October 1 of each year which agencies have not entered into or
1522	implemented an agreement and identify any barriers to achieving
1523	success of the program.
1524	(10)  The memoranda of agreement may provide for the waiver
1525	or modification of procedural rules prescribing forms, fees,
1526	procedures, or time limits for the review or processing of
1527	permit applications under the jurisdiction of those agencies
1528	that are party to the memoranda of agreement. Notwithstanding
1529	any other provision of law to the contrary, a memorandum of
1530	agreement must to the extent feasible provide for proceedings
1531	and hearings otherwise held separately by the parties to the
1532	memorandum of agreement to be combined into one proceeding or
1533	held jointly and at one location. Such waivers or modifications
1534	shall not be available for permit applications governed by
1535	federally delegated or approved permitting programs, the
1536	requirements of which would prohibit, or be inconsistent with,
1537	such a waiver or modification.
1538	(11)  The standard form memoranda of agreement shall
1539	include guidelines to be used in working with state, regional,
1540	and local permitting authorities. Guidelines may include, but
1541	are not limited to, the following:
1542	(a)  A central contact point for filing permit applications
1543	and local comprehensive plan amendments and for obtaining
1544	information on permit and local comprehensive plan amendment
1545	requirements;
1546	(b)  Identification of the individual or individuals within
1547	each respective agency who will be responsible for processing
1548	the expedited permit application or local comprehensive plan
1549	amendment for that agency;
1550	(c)  A mandatory preapplication review process to reduce
1551	permitting conflicts by providing guidance to applicants
1552	regarding the permits needed from each agency and governmental
1553	entity, site planning and development, site suitability and
1554	limitations, facility design, and steps the applicant can take
1555	to ensure expeditious permit application and local comprehensive
1556	plan amendment review. As a part of this process, the first
1557	interagency meeting to discuss a project shall be held within 14
1558	days after the secretary's office's determination that the
1559	project is eligible for expedited review. Subsequent interagency
1560	meetings may be scheduled to accommodate the needs of
1561	participating local governments that are unable to meet public
1562	notice requirements for executing a memorandum of agreement
1563	within this timeframe. This accommodation may not exceed 45 days
1564	from the secretary's office's determination that the project is
1565	eligible for expedited review;
1566	(d)  The preparation of a single coordinated project
1567	description form and checklist and an agreement by state and
1568	regional agencies to reduce the burden on an applicant to
1569	provide duplicate information to multiple agencies;
1570	(e)  Establishment of a process for the adoption and review
1571	of any comprehensive plan amendment needed by any certified
1572	project within 90 days after the submission of an application
1573	for a comprehensive plan amendment. However, the memorandum of
1574	agreement may not prevent affected persons as defined in s.
1575	163.3184 from appealing or participating in this expedited plan
1576	amendment process and any review or appeals of decisions made
1577	under this paragraph; and
1578	(f)  Additional incentives for an applicant who proposes a
1579	project that provides a net ecosystem benefit.
1580	(12)  The applicant, the regional permit action team, and
1581	participating local governments may agree to incorporate into a
1582	single document the permits, licenses, and approvals that are
1583	obtained through the expedited permit process. This consolidated
1584	permit is subject to the summary hearing provisions set forth in
1585	subsection (14).
1586	(13)  Notwithstanding any other provisions of law:
1587	(a)  Local comprehensive plan amendments for projects
1588	qualified under this section are exempt from the twice-a-year
1589	limits provision in s. 163.3187; and
1590	(b)  Projects qualified under this section are not subject
1591	to interstate highway level-of-service standards adopted by the
1592	Department of Transportation for concurrency purposes. The
1593	memorandum of agreement specified in subsection (5) must include
1594	a process by which the applicant will be assessed a fair share
1595	of the cost of mitigating the project's significant traffic
1596	impacts, as defined in chapter 380 and related rules. The
1597	agreement must also specify whether the significant traffic
1598	impacts on the interstate system will be mitigated through the
1599	implementation of a project or payment of funds to the
1600	Department of Transportation. Where funds are paid, the
1601	Department of Transportation must include in the 5-year work
1602	program transportation projects or project phases, in an amount
1603	equal to the funds received, to mitigate the traffic impacts
1604	associated with the proposed project.
1605	(14)(a)  Challenges to state agency action in the expedited
1606	permitting process for projects processed under this section are
1607	subject to the summary hearing provisions of s. 120.574, except
1608	that the administrative law judge's decision, as provided in s.
1609	120.574(2)(f), shall be in the form of a recommended order and
1610	shall not constitute the final action of the state agency. In
1611	those proceedings where the action of only one agency of the
1612	state other than the Department of Environmental Protection is
1613	challenged, the agency of the state shall issue the final order
1614	within 45 10 working days after of receipt of the administrative
1615	law judge's recommended order. The recommended order shall
1616	inform the parties of the right to file exceptions to the
1617	recommended order and to file responses thereto in accordance
1618	with the Uniform Rules of Procedure. In those proceedings where
1619	the actions of more than one agency of the state are challenged,
1620	the Governor shall issue the final order, except for the
1621	issuance of department licenses required under any federally
1622	delegated or approved permit program for which the department
1623	shall enter the final order, within 45 10 working days after of
1624	receipt of the administrative law judge's recommended order. The
1625	recommended order shall inform the parties of the right to file
1626	exceptions to the recommended order and to file responses
1627	thereto in accordance with the Uniform Rules of Procedure. The
1628	participating agencies of the state may opt at the preliminary
1629	hearing conference to allow the administrative law judge's
1630	decision to constitute the final agency action. If a
1631	participating local government agrees to participate in the
1632	summary hearing provisions of s. 120.574 for purposes of review
1633	of local government comprehensive plan amendments, s.
1634	163.3184(9) and (10) apply.
1635	(b)  Challenges to state agency action in the expedited
1636	permitting process for establishment of a state-of-the-art
1637	biomedical research institution and campus in this state by the
1638	grantee under s. 288.955 or projects identified in paragraph
1639	(3)(f) are subject to the same requirements as challenges
1640	brought under paragraph (a), except that, notwithstanding s.
1641	120.574, summary proceedings must be conducted within 30 days
1642	after a party files the motion for summary hearing, regardless
1643	of whether the parties agree to the summary proceeding.
1644	(15)  The secretary office, working with the agencies
1645	providing cooperative assistance and input to participating in
1646	the memoranda of agreement, shall review sites proposed for the
1647	location of facilities eligible for the Innovation Incentive
1648	Program under s. 288.1089. Within 20 days after the request for
1649	the review by the secretary office, the agencies shall provide
1650	to the secretary office a statement as to each site's necessary
1651	permits under local, state, and federal law and an
1652	identification of significant permitting issues, which if
1653	unresolved, may result in the denial of an agency permit or
1654	approval or any significant delay caused by the permitting
1655	process.
1656	(16)  This expedited permitting process shall not modify,
1657	qualify, or otherwise alter existing agency nonprocedural
1658	standards for permit applications or local comprehensive plan
1659	amendments, unless expressly authorized by law. If it is
1660	determined that the applicant is not eligible to use this
1661	process, the applicant may apply for permitting of the project
1662	through the normal permitting processes.
1663	(17)  The secretary office shall be responsible for
1664	certifying a business as eligible for undergoing expedited
1665	review under this section. Enterprise Florida, Inc., a county or
1666	municipal government, or the Rural Economic Development
1667	Initiative may recommend to the secretary Office of Tourism,
1668	Trade, and Economic Development that a project meeting the
1669	minimum job creation threshold undergo expedited review.
1670	(18)  The secretary office, working with the Rural Economic
1671	Development Initiative and the agencies participating in the
1672	memoranda of agreement, shall provide technical assistance in
1673	preparing permit applications and local comprehensive plan
1674	amendments for counties having a population of less than 75,000
1675	residents, or counties having fewer than 100,000 residents which
1676	are contiguous to counties having fewer than 75,000 residents.
1677	Additional assistance may include, but not be limited to,
1678	guidance in land development regulations and permitting
1679	processes, working cooperatively with state, regional, and local
1680	entities to identify areas within these counties which may be
1681	suitable or adaptable for preclearance review of specified types
1682	of land uses and other activities requiring permits.
1683	(19)  The following projects are ineligible for review
1684	under this part:
1685	(a)  A project funded and operated by a local government,
1686	as defined in s. 377.709, and located within that government's
1687	jurisdiction.
1688	(b)  A project, the primary purpose of which is to:
1689	1.  Effect the final disposal of solid waste, biomedical
1690	waste, or hazardous waste in this state.
1691	2.  Produce electrical power, unless the production of
1692	electricity is incidental and not the primary function of the
1693	project or the electrical power is derived from a fuel source
1694	for renewable energy as defined in s. 366.91(2)(d).
1695	3.  Extract natural resources.
1696	4.  Produce oil.
1697	5.  Construct, maintain, or operate an oil, petroleum,
1698	natural gas, or sewage pipeline.
1699	Section 26.  Paragraph (f) of subsection (2) of section
1700	14.2015, Florida Statutes, is amended to read:
1701	14.2015  Office of Tourism, Trade, and Economic
1702	Development; creation; powers and duties.--
1703	(2)  The purpose of the Office of Tourism, Trade, and
1704	Economic Development is to assist the Governor in working with
1705	the Legislature, state agencies, business leaders, and economic
1706	development professionals to formulate and implement coherent
1707	and consistent policies and strategies designed to provide
1708	economic opportunities for all Floridians. To accomplish such
1709	purposes, the Office of Tourism, Trade, and Economic Development
1710	shall:
1711	(f)1.  Administer the Florida Enterprise Zone Act under ss.
1712	290.001-290.016, the community contribution tax credit program
1713	under ss. 220.183 and 624.5105, the tax refund program for
1714	qualified target industry businesses under s. 288.106, the tax-
1715	refund program for qualified defense contractors and space
1716	flight business contractors under s. 288.1045, contracts for
1717	transportation projects under s. 288.063, the sports franchise
1718	facility program under s. 288.1162, the professional golf hall
1719	of fame facility program under s. 288.1168, the expedited
1720	permitting process under s. 403.973, the Rural Community
1721	Development Revolving Loan Fund under s. 288.065, the Regional
1722	Rural Development Grants Program under s. 288.018, the Certified
1723	Capital Company Act under s. 288.99, the Florida State Rural
1724	Development Council, the Rural Economic Development Initiative,
1725	and other programs that are specifically assigned to the office
1726	by law, by the appropriations process, or by the Governor.
1727	Notwithstanding any other provisions of law, the office may
1728	expend interest earned from the investment of program funds
1729	deposited in the Grants and Donations Trust Fund to contract for
1730	the administration of the programs, or portions of the programs,
1731	enumerated in this paragraph or assigned to the office by law,
1732	by the appropriations process, or by the Governor. Such
1733	expenditures shall be subject to review under chapter 216.
1734	2.  The office may enter into contracts in connection with
1735	the fulfillment of its duties concerning the Florida First
1736	Business Bond Pool under chapter 159, tax incentives under
1737	chapters 212 and 220, tax incentives under the Certified Capital
1738	Company Act in chapter 288, foreign offices under chapter 288,
1739	the Enterprise Zone program under chapter 290, the Seaport
1740	Employment Training program under chapter 311, the Florida
1741	Professional Sports Team License Plates under chapter 320,
1742	Spaceport Florida under chapter 331, Expedited Permitting under
1743	chapter 403, and in carrying out other functions that are
1744	specifically assigned to the office by law, by the
1745	appropriations process, or by the Governor.
1746	Section 27.  Paragraph (e) of subsection (2) of section
1747	288.0655, Florida Statutes, is amended to read:
1748	288.0655  Rural Infrastructure Fund.--
1749	(2)
1750	(e)  To enable local governments to access the resources
1751	available pursuant to s. 403.973(18), the office, working with
1752	the Secretary of Environmental Protection, may award grants for
1753	surveys, feasibility studies, and other activities related to
1754	the identification and preclearance review of land which is
1755	suitable for preclearance review. Authorized grants under this
1756	paragraph shall not exceed $75,000 each, except in the case of a
1757	project in a rural area of critical economic concern, in which
1758	case the grant shall not exceed $300,000. Any funds awarded
1759	under this paragraph must be matched at a level of 50 percent
1760	with local funds, except that any funds awarded for a project in
1761	a rural area of critical economic concern must be matched at a
1762	level of 33 percent with local funds. In evaluating applications
1763	under this paragraph, the office shall consider the extent to
1764	which the application seeks to minimize administrative and
1765	consultant expenses.
1766	Section 28.  Paragraph (d) of subsection (2) and paragraph
1767	(b) of subsection (19) of section 380.06, Florida Statutes, are
1768	amended to read:
1769	380.06  Developments of regional impact.--
1770	(2)  STATEWIDE GUIDELINES AND STANDARDS.--
1771	(d)  The guidelines and standards shall be applied as
1772	follows:
1773	1.  Fixed thresholds.--
1774	a.  A development that is below 100 percent of all
1775	numerical thresholds in the guidelines and standards shall not
1776	be required to undergo development-of-regional-impact review.
1777	b.  A development that is at or above 120 percent of any
1778	numerical threshold shall be required to undergo development-of-
1779	regional-impact review.
1780	c.  Projects certified under s. 403.973 which create at
1781	least 50 100 jobs and meet the criteria of the Secretary of
1782	Environmental Protection Office of Tourism, Trade, and Economic
1783	Development as to their impact on an area's economy, employment,
1784	and prevailing wage and skill levels that are at or below 100
1785	percent of the numerical thresholds for industrial plants,
1786	industrial parks, distribution, warehousing or wholesaling
1787	facilities, office development or multiuse projects other than
1788	residential, as described in s. 380.0651(3)(c), (d), and (h),
1789	are not required to undergo development-of-regional-impact
1790	review.
1791	2.  Rebuttable presumption.--It shall be presumed that a
1792	development that is at 100 percent or between 100 and 120
1793	percent of a numerical threshold shall be required to undergo
1794	development-of-regional-impact review.
1795	(19)  SUBSTANTIAL DEVIATIONS.--
1796	(b)  Any proposed change to a previously approved
1797	development of regional impact or development order condition
1798	which, either individually or cumulatively with other changes,
1799	exceeds any of the following criteria shall constitute a
1800	substantial deviation and shall cause the development to be
1801	subject to further development-of-regional-impact review without
1802	the necessity for a finding of same by the local government:
1803	1.  An increase in the number of parking spaces at an
1804	attraction or recreational facility by 10 percent or 330 spaces,
1805	whichever is greater, or an increase in the number of spectators
1806	that may be accommodated at such a facility by 10 percent or
1807	1,100 spectators, whichever is greater.
1808	2.  A new runway, a new terminal facility, a 25-percent
1809	lengthening of an existing runway, or a 25-percent increase in
1810	the number of gates of an existing terminal, but only if the
1811	increase adds at least three additional gates.
1812	3.  An increase in industrial development area by 10
1813	percent or 35 acres, whichever is greater.
1814	4.  An increase in the average annual acreage mined by 10
1815	percent or 11 acres, whichever is greater, or an increase in the
1816	average daily water consumption by a mining operation by 10
1817	percent or 330,000 gallons, whichever is greater. A net increase
1818	in the size of the mine by 10 percent or 825 acres, whichever is
1819	less. For purposes of calculating any net increases in size,
1820	only additions and deletions of lands that have not been mined
1821	shall be considered. An increase in the size of a heavy mineral
1822	mine as defined in s. 378.403(7) will only constitute a
1823	substantial deviation if the average annual acreage mined is
1824	more than 550 acres and consumes more than 3.3 million gallons
1825	of water per day.
1826	5.  An increase in land area for office development by 10
1827	percent or an increase of gross floor area of office development
1828	by 10 percent or 66,000 gross square feet, whichever is greater.
1829	6.  An increase in the number of dwelling units by 10
1830	percent or 55 dwelling units, whichever is greater.
1831	7.  An increase in the number of dwelling units by 50
1832	percent or 200 units, whichever is greater, provided that 15
1833	percent of the proposed additional dwelling units are dedicated
1834	to affordable workforce housing, subject to a recorded land use
1835	restriction that shall be for a period of not less than 20 years
1836	and that includes resale provisions to ensure long-term
1837	affordability for income-eligible homeowners and renters and
1838	provisions for the workforce housing to be commenced prior to
1839	the completion of 50 percent of the market rate dwelling. For
1840	purposes of this subparagraph, the term "affordable workforce
1841	housing" means housing that is affordable to a person who earns
1842	less than 120 percent of the area median income, or less than
1843	140 percent of the area median income if located in a county in
1844	which the median purchase price for a single-family existing
1845	home exceeds the statewide median purchase price of a single-
1846	family existing home. For purposes of this subparagraph, the
1847	term "statewide median purchase price of a single-family
1848	existing home" means the statewide purchase price as determined
1849	in the Florida Sales Report, Single-Family Existing Homes,
1850	released each January by the Florida Association of Realtors and
1851	the University of Florida Real Estate Research Center.
1852	8.  An increase in commercial development by 55,000 square
1853	feet of gross floor area or of parking spaces provided for
1854	customers for 330 cars or a 10-percent increase of either of
1855	these, whichever is greater.
1856	9.  An increase in hotel or motel rooms by 10 percent or 83
1857	rooms, whichever is greater.
1858	10.  An increase in a recreational vehicle park area by 10
1859	percent or 110 vehicle spaces, whichever is less.
1860	11.  A decrease in the area set aside for open space of 5
1861	percent or 20 acres, whichever is less.
1862	12.  A proposed increase to an approved multiuse
1863	development of regional impact where the sum of the increases of
1864	each land use as a percentage of the applicable substantial
1865	deviation criteria is equal to or exceeds 110 percent. The
1866	percentage of any decrease in the amount of open space shall be
1867	treated as an increase for purposes of determining when 110
1868	percent has been reached or exceeded.
1869	13.  A 15-percent increase in the number of external
1870	vehicle trips generated by the development above that which was
1871	projected during the original development-of-regional-impact
1872	review.
1873	14.  Any change which would result in development of any
1874	area which was specifically set aside in the application for
1875	development approval or in the development order for
1876	preservation or special protection of endangered or threatened
1877	plants or animals designated as endangered, threatened, or
1878	species of special concern and their habitat, any species
1879	protected by 16 U.S.C. ss. 668a-668d, primary dunes, or
1880	archaeological and historical sites designated as significant by
1881	the Division of Historical Resources of the Department of State.
1882	The refinement of the boundaries and configuration of such areas
1883	shall be considered under sub-subparagraph (e)2.j.
1884
1885	The substantial deviation numerical standards in subparagraphs
1886	3., 5., 8., 9., and 12., excluding residential uses, and in
1887	subparagraph 13., are increased by 100 percent for a project
1888	certified under s. 403.973 which creates jobs and meets criteria
1889	established by the Secretary of Environmental Protection Office
1890	of Tourism, Trade, and Economic Development as to its impact on
1891	an area's economy, employment, and prevailing wage and skill
1892	levels. The substantial deviation numerical standards in
1893	subparagraphs 3., 5., 6., 7., 8., 9., 12., and 13. are increased
1894	by 50 percent for a project located wholly within an urban
1895	infill and redevelopment area designated on the applicable
1896	adopted local comprehensive plan future land use map and not
1897	located within the coastal high hazard area.
1898	Section 29.  Subsection (20) is added to section 373.414,
1899	Florida Statutes, to read:
1900	373.414  Additional criteria for activities in surface
1901	waters and wetlands.--
1902	(20)(a)  The mitigation requirements under this part shall
1903	be deemed satisfied for permits providing conceptual approval of
1904	the long-term build out or expansion of an existing airport
1905	which is operated by an aviation authority created by a special
1906	act and located within the Upper Kissimmee Planning Unit
1907	established under s. 403.067 if:
1908	1.  The amount of mitigation required to offset impacts to
1909	wetlands and other surface waters associated with such build out
1910	or expansion is determined by the methodology established
1911	pursuant to subsection (18);
1912	2.  The specific measures acceptable to the authority to
1913	offset the impacts to wetlands and other surface waters are
1914	provided for in the permits authorizing the actual construction
1915	of the airport build out or expansion; and
1916	3.  The mitigation required for such impacts is identified
1917	by the authority and committed within three years of issuance of
1918	the conceptual approval permit.
1919	(b)  Conceptual approval permits issued to such authorities
1920	under this subsection may be issued for durations of up to 5
1921	years.
1922	Section 30.  Section 373.185, Florida Statutes, is amended
1923	to read:
1924	373.185  Local Florida-friendly landscaping Xeriscape
1925	ordinances.--
1926	(1)  As used in this section, the term:
1927	(a)  "Local government" means any county or municipality of
1928	the state.
1929	(b)  "Xeriscape" or "Florida-friendly landscaping
1930	landscape" means quality landscapes that conserve water, and
1931	protect the environment, and are adaptable to local conditions,
1932	and which are drought tolerant. The principles of Florida-
1933	friendly landscaping Xeriscape include planting the right plant
1934	in the right place, efficient watering, appropriate
1935	fertilization, mulching, attraction of wildlife, responsible
1936	management of yard pests, recycling yard waste, reduction of
1937	stormwater runoff, and waterfront protection. The principles of
1938	Florida-friendly landscaping include practices such as landscape
1939	planning and design, appropriate choice of plants, soil
1940	analysis, which may include the appropriate use of solid waste
1941	compost, minimizing the use of efficient irrigation, practical
1942	use of turf, appropriate use of mulches, and proper maintenance.
1943	(2)  Each water management district shall design and
1944	implement an incentive program to encourage all local
1945	governments within its district to adopt new ordinances or amend
1946	existing ordinances to require Florida-friendly Xeriscape
1947	landscaping for development permitted after the effective date
1948	of the new ordinance or amendment. Each district shall adopt
1949	rules governing the implementation of its incentive program and
1950	governing the review and approval of local government Xeriscape
1951	ordinances or amendments which are intended to qualify a local
1952	government for the incentive program. Each district shall assist
1953	the local governments within its jurisdiction by providing a
1954	model Florida-friendly landscaping ordinance Xeriscape code and
1955	other technical assistance. Each district may develop its own
1956	model or use a model contained in the "Florida-Friendly
1957	Landscape Guidance Models for Ordinances, Covenants, and
1958	Restrictions" manual developed by the Department of
1959	Environmental Protection. A local government Florida-friendly
1960	landscaping Xeriscape ordinance or amendment, in order to
1961	qualify the local government for a district's incentive program,
1962	must include, at a minimum:
1963	(a)  Landscape design, installation, and maintenance
1964	standards that result in water conservation and water quality
1965	protection or restoration. Such standards shall address the use
1966	of plant groupings, soil analysis including the promotion of the
1967	use of solid waste compost, efficient irrigation systems, and
1968	other water-conserving practices.
1969	(b)  Identification of prohibited invasive exotic plant
1970	species consistent with the provisions of s. 581.091.
1971	(c)  Identification of controlled plant species,
1972	accompanied by the conditions under which such plants may be
1973	used.
1974	(d)  A provision specifying the maximum percentage of
1975	irrigated turf and the maximum percentage of impervious surfaces
1976	allowed in a Florida-friendly landscaped xeriscaped area and
1977	addressing the practical selection and installation of turf.
1978	(e)  Specific standards for land clearing and requirements
1979	for the preservation of existing native vegetation.
1980	(f)  A monitoring program for ordinance implementation and
1981	compliance.
1982
1983	In addition to developing and implementing an incentive program,
1984	each district The districts also shall work with local
1985	governments, the Department of Environmental Protection, county
1986	extension agents or offices, nursery and landscape industry
1987	groups, and other interested stakeholders to promote, through
1988	educational programs, and publications, and other activities of
1989	the district authorized under this chapter, the use of Florida-
1990	friendly landscaping Xeriscape practices, including the use of
1991	solid waste compost, in existing residential and commercial
1992	development. In these activities, each district shall use the
1993	materials developed by the department, the Institute of Food and
1994	Agricultural Sciences at the University of Florida, and the
1995	Center for Landscape Conservation and Ecology Florida-friendly
1996	landscaping program, including, but not limited to, the Florida
1997	Yards and Neighborhoods Program for homeowners, the Florida
1998	Yards and Neighborhoods Builder Developer Program for
1999	developers, and the Green Industries Best Management Practices
2000	Program for landscaping professionals. Each district may develop
2001	supplemental materials as appropriate to address the physical
2002	and natural characteristics of the district. The districts shall
2003	coordinate with the department and the Institute of Food and
2004	Agricultural Sciences at the University of Florida if revisions
2005	to the educational materials of the department or university are
2006	needed. This section may not be construed to limit the authority
2007	of the districts to require Xeriscape ordinances or practices as
2008	a condition of any consumptive use permit.
2009	(3)(a)  The Legislature finds that the use of Florida-
2010	friendly landscaping and other water use and pollution
2011	prevention measures that conserve or protect the state's water
2012	resources serves a compelling public interest and that the
2013	participation of homeowners' associations and local governments
2014	is essential to state water conservation and water quality
2015	protection and restoration efforts.
2016	(b)  A deed restriction or covenant entered after October
2017	1, 2001, or local government ordinance may not prohibit or be
2018	enforced to prohibit any property owner from implementing
2019	Xeriscape or Florida-friendly landscaping landscape on his or
2020	her land or create any requirement or limitation in conflict
2021	with any provision of part II of this chapter or a water
2022	shortage order, other order, consumptive use permit, or rule
2023	adopted or issued pursuant to part II of this chapter.
2024	(c) A local government ordinance may not prohibit or be
2025	enforced so as to prohibit any property owner from implementing
2026	Florida-friendly landscaping on his or her land.
2027	(4)  This section may not be construed to limit the
2028	authority of the department or the districts to require Florida-
2029	friendly landscaping ordinances or practices as a condition of
2030	any permit under this chapter.
2031	Section 31.  Section 373.187, Florida Statutes, is created
2032	to read:
2033	373.187  Water management district implementation of
2034	Florida-friendly landscaping.--Each water management district
2035	shall use Florida-friendly landscaping, as defined in s.
2036	373.185, on public property associated with buildings and
2037	facilities owned by the water management district and
2038	constructed after June 30, 2009. Each water management district
2039	shall also develop a 5-year program for phasing in the use of
2040	Florida-friendly landscaping on public property associated with
2041	buildings or facilities owned by the water management district
2042	and constructed before July 1, 2009.
2043	Section 32.  Section 373.228, Florida Statutes, is amended
2044	to read:
2045	373.228  Landscape irrigation design.--
2046	(1)  The Legislature finds that multiple areas throughout
2047	the state have been identified by water management districts as
2048	water resource caution areas, which indicates that in the near
2049	future water demand in those areas will exceed the current
2050	available water supply and that conservation is one of the
2051	mechanisms by which future water demand will be met.
2052	(2)  The Legislature finds that landscape irrigation
2053	comprises a significant portion of water use and that the
2054	current typical landscape irrigation system and Florida-friendly
2055	landscaping xeriscape designs offer significant potential water
2056	conservation benefits.
2057	(3)  It is the intent of the Legislature to improve
2058	landscape irrigation water use efficiency by ensuring that
2059	landscape irrigation systems meet or exceed minimum design
2060	criteria.
2061	(4)  The water management districts shall work with the
2062	Florida Nursery Nurserymen and Growers and Landscape
2063	Association, the Florida Native Plant Society, the Florida
2064	Chapter of the American Society of Landscape Architects, the
2065	Florida Irrigation Society, the Department of Agriculture and
2066	Consumer Services, the Institute of Food and Agricultural
2067	Sciences, the Department of Environmental Protection, the
2068	Department of Transportation, the Florida League of Cities, the
2069	Florida Association of Counties, and the Florida Association of
2070	Community Developers to develop landscape irrigation and
2071	Florida-friendly landscaping xeriscape design standards for new
2072	construction which incorporate a landscape irrigation system and
2073	develop scientifically based model guidelines for urban,
2074	commercial, and residential landscape irrigation, including drip
2075	irrigation, for plants, trees, sod, and other landscaping. The
2076	landscape and irrigation design standards shall be based on the
2077	irrigation code defined in the Florida Building Code, Plumbing
2078	Volume, Appendix F. Local governments shall use the standards
2079	and guidelines when developing landscape irrigation and Florida-
2080	friendly landscaping xeriscape ordinances. By January 1, 2011,
2081	the agencies and entities specified in this subsection shall
2082	review the standards and guidelines to determine whether new
2083	research findings require a change or modification of the
2084	standards and guidelines.
2085	(5)  In evaluating water use applications from public water
2086	suppliers, water management districts shall consider whether the
2087	applicable local government has adopted ordinances for
2088	landscaping and irrigation systems consistent with the Florida-
2089	friendly landscaping provisions of s. 373.185.
2090	Section 33.  Subsection (3) of section 373.323, Florida
2091	Statutes, is amended to read:
2092	373.323  Licensure of water well contractors; application,
2093	qualifications, and examinations; equipment identification.--
2094	(3)  An applicant who meets the following requirements
2095	shall be entitled to take the water well contractor licensure
2096	examination to practice water well contracting:
2097	(a)  Is at least 18 years of age.
2098	(b)  Has at least 2 years of experience in constructing,
2099	repairing, or abandoning water wells. Satisfactory proof of such
2100	experience shall be demonstrated by providing:
2101	1.  Evidence of the length of time the applicant has been
2102	engaged in the business of the construction, repair, or
2103	abandonment of water wells as a major activity, as attested to
2104	by a letter from each of three of the following persons:
2105	a.  A water well contractor.
2106	b.  A water well driller.
2107	c.  A water well parts and equipment vendor.
2108	d.  A water well inspector employed by a governmental
2109	agency.
2110	2.  A list of at least 10 water wells that the applicant
2111	has constructed, repaired, or abandoned within the preceding 5
2112	years. Of these wells, at least seven must have been
2113	constructed, as defined in s. 373.303(2), by the applicant. The
2114	list shall also include:
2115	a.  The name and address of the owner or owners of each
2116	well.
2117	b.  The location, primary use, and approximate depth and
2118	diameter of each well the applicant has constructed, repaired,
2119	or abandoned.
2120	c.  The approximate date the construction, repair, or
2121	abandonment of each well was completed.
2122	(c)  Has completed the application form and remitted a
2123	nonrefundable application fee.
2124	Section 34.  Subsection (8) of section 373.333, Florida
2125	Statutes, is amended to read:
2126	373.333  Disciplinary guidelines; adoption and enforcement;
2127	license suspension or revocation.--
2128	(8)  The water management district may impose through an
2129	order an administrative fine not to exceed $5,000 per occurrence
2130	against an unlicensed person if when it determines that the
2131	unlicensed person has engaged in the practice of water well
2132	contracting, for which a license is required.
2133	Section 35.  Section 125.568, Florida Statutes, is amended
2134	to read:
2135	125.568  Conservation of water; Florida-friendly
2136	landscaping Xeriscape.--
2137	(1)(a)  The Legislature finds that Florida-friendly
2138	landscaping Xeriscape contributes to the conservation,
2139	protection, and restoration of water. In an effort to meet the
2140	water needs of this state in a manner that will supply adequate
2141	and dependable supplies of water where needed, it is the intent
2142	of the Legislature that Florida-friendly landscaping Xeriscape
2143	be an essential part of water conservation and water quality
2144	protection and restoration planning.
2145	(b)  As used in this section, "Xeriscape" or "Florida-
2146	friendly landscaping" has the same meaning as provided in s.
2147	373.185 landscape" means quality landscapes that conserve water
2148	and protect the environment and are adaptable to local
2149	conditions and which are drought tolerant. The principles of
2150	Xeriscape include planning and design, appropriate choice of
2151	plants, soil analysis which may include the use of solid waste
2152	compost, practical use of turf, efficient irrigation,
2153	appropriate use of mulches, and proper maintenance.
2154	(2)  The board of county commissioners of each county shall
2155	consider enacting ordinances, consistent with the provisions of
2156	s. 373.185, requiring the use of Florida-friendly landscaping
2157	Xeriscape as a water conservation or water quality protection or
2158	restoration measure. If the board determines that Florida-
2159	friendly landscaping Xeriscape would be of significant benefit
2160	as a water conservation or water quality protection or
2161	restoration measure, especially for waters designated as
2162	impaired pursuant to s. 403.067, relative to the cost to
2163	implement Florida-friendly Xeriscape landscaping in its area of
2164	jurisdiction, the board shall enact a Florida-friendly
2165	landscaping Xeriscape ordinance. Further, the board of county
2166	commissioners shall consider promoting Florida-friendly
2167	landscaping Xeriscape as a water conservation or water quality
2168	protection or restoration measure by: using Florida-friendly
2169	landscaping Xeriscape in any, around, or near facilities, parks,
2170	and other common areas under its jurisdiction that which are
2171	landscaped after the effective date of this act; providing
2172	public education on Florida-friendly landscaping Xeriscape, its
2173	uses in increasing as a water conservation and water quality
2174	protection or restoration tool, and its long-term cost-
2175	effectiveness; and offering incentives to local residents and
2176	businesses to implement Florida-friendly Xeriscape landscaping.
2177	(3)(a)  The Legislature finds that the use of Florida-
2178	friendly landscaping and other water use and pollution
2179	prevention measures that conserve or protect the state's water
2180	resources serves a compelling public interest and that the
2181	participation of homeowners' associations and local governments
2182	is essential to state water conservation and water quality
2183	protection and restoration efforts.
2184	(b)  A deed restriction or covenant entered after October
2185	1, 2001, or local government ordinance may not prohibit or be
2186	enforced to prohibit any property owner from implementing
2187	Xeriscape or Florida-friendly landscaping landscape on his or
2188	her land or create any requirement or limitation in conflict
2189	with any provision of part II of chapter 373 or a water shortage
2190	order, other order, consumptive use permit, or rule adopted or
2191	issued pursuant to part II of chapter 373.
2192	(c) A local government ordinance may not prohibit or be
2193	enforced so as to prohibit any property owner from implementing
2194	Florida-friendly landscaping on his or her land.
2195	Section 36.  Section 166.048, Florida Statutes, is amended
2196	to read:
2197	166.048  Conservation of water; Florida-friendly
2198	landscaping Xeriscape.--
2199	(1)(a)  The Legislature finds that Florida-friendly
2200	landscaping Xeriscape contributes to the conservation,
2201	protection, and restoration of water. In an effort to meet the
2202	water needs of this state in a manner that will supply adequate
2203	and dependable supplies of water where needed, it is the intent
2204	of the Legislature that Florida-friendly landscaping Xeriscape
2205	be an essential part of water conservation and water quality
2206	protection and restoration planning.
2207	(b)  As used in this section, "Xeriscape" or "Florida-
2208	friendly landscaping" has the same meaning as provided in s.
2209	373.185 landscape" means quality landscapes that conserve water
2210	and protect the environment and are adaptable to local
2211	conditions and which are drought tolerant. The principles of
2212	Xeriscape include planning and design, appropriate choice of
2213	plants, soil analysis which may include the use of solid waste
2214	compost, practical use of turf, efficient irrigation,
2215	appropriate use of mulches, and proper maintenance.
2216	(2)  The governing body of each municipality shall consider
2217	enacting ordinances, consistent with the provisions of s.
2218	373.185, requiring the use of Florida-friendly landscaping
2219	Xeriscape as a water conservation or water quality protection or
2220	restoration measure. If the governing body determines that
2221	Florida-friendly landscaping Xeriscape would be of significant
2222	benefit as a water conservation or water quality protection or
2223	restoration measure, especially for waters designated as
2224	impaired pursuant to s. 403.067, relative to the cost to
2225	implement Florida-friendly Xeriscape landscaping in its area of
2226	jurisdiction in the municipality, the governing body board shall
2227	enact a Florida-friendly landscaping Xeriscape ordinance.
2228	Further, the governing body shall consider promoting Florida-
2229	friendly landscaping Xeriscape as a water conservation or water
2230	quality protection or restoration measure by: using Florida-
2231	friendly landscaping Xeriscape in any, around, or near
2232	facilities, parks, and other common areas under its jurisdiction
2233	that which are landscaped after the effective date of this act;
2234	providing public education on Florida-friendly landscaping
2235	Xeriscape, its uses in increasing as a water conservation and
2236	water quality protection or restoration tool, and its long-term
2237	cost-effectiveness; and offering incentives to local residents
2238	and businesses to implement Florida-friendly Xeriscape
2239	landscaping.
2240	(3)(a)  The Legislature finds that the use of Florida-
2241	friendly landscaping and other water use and pollution
2242	prevention measures that conserve or protect the state's water
2243	resources serves a compelling public interest and that the
2244	participation of homeowners' associations and local governments
2245	is essential to state water conservation and water quality
2246	protection and restoration efforts.
2247	(b)  A deed restriction or covenant entered after October
2248	1, 2001, or local government ordinance may not prohibit or be
2249	enforced to prohibit any property owner from implementing
2250	Xeriscape or Florida-friendly landscaping landscape on his or
2251	her land or create any requirement or limitation in conflict
2252	with any provision of part II of chapter 373 or a water shortage
2253	order, other order, consumptive use permit, or rule adopted or
2254	issued pursuant to part II of chapter 373.
2255	(c)  A local government ordinance may not prohibit or be
2256	enforced so as to prohibit any property owner from implementing
2257	Florida-friendly landscaping on his or her land.
2258	Section 37.  Section 255.259, Florida Statutes, is amended
2259	to read:
2260	255.259  Florida-friendly Xeriscape landscaping on public
2261	property.--
2262	(1)  The Legislature finds that water conservation and
2263	water quality protection and restoration are is increasingly
2264	critical to the continuance of an adequate water supply and
2265	healthy surface and ground waters for the citizens of this
2266	state. The Legislature further finds that "Florida-friendly
2267	landscaping Xeriscape," as defined in s. 373.185, can contribute
2268	significantly to water the conservation and of water quality
2269	protection and restoration. Finally, the Legislature finds that
2270	state government has the responsibility to promote Florida-
2271	friendly landscaping Xeriscape as a water conservation and water
2272	quality protection and restoration measure by using Florida-
2273	friendly landscaping Xeriscape on public property associated
2274	with publicly owned buildings or facilities.
2275	(2)  As used in this section, "publicly owned buildings or
2276	facilities" means those construction projects under the purview
2277	of the Department of Management Services. It does not include
2278	environmentally endangered land or roads and highway
2279	construction under the purview of the Department of
2280	Transportation.
2281	(3)  The Department of Management Services, in consultation
2282	with the Department of Environmental Protection, shall adopt
2283	rules and guidelines for the required use of Florida-friendly
2284	landscaping Xeriscape on public property associated with
2285	publicly owned buildings or facilities constructed after June
2286	30, 2009 1992. The Department of Management Services also shall
2287	develop a 5-year program for phasing in the use of Florida-
2288	friendly landscaping Xeriscape on public property associated
2289	with publicly owned buildings or facilities constructed before
2290	July 1, 2009 1992. In accomplishing these tasks, the Department
2291	of Management Services shall take into account the provisions of
2292	guidelines set out in s. 373.185(2)(a)-(f). The Department of
2293	Transportation shall implement Florida-friendly Xeriscape
2294	landscaping pursuant to s. 335.167.
2295	(4)(a)  The Legislature finds that the use of Florida-
2296	friendly landscaping and other water use and pollution
2297	prevention measures that conserve or protect the state's water
2298	resources serves a compelling public interest and that the
2299	participation of homeowners' associations and local governments
2300	is essential to state water conservation and water quality
2301	protection and restoration efforts.
2302	(b)  A deed restriction or covenant entered after October
2303	1, 2001, or local government ordinance may not prohibit or be
2304	enforced to prohibit any property owner from implementing
2305	Xeriscape or Florida-friendly landscaping landscape on his or
2306	her land or create any requirement or limitation in conflict
2307	with any provision of part II of chapter 373 or a water shortage
2308	order, other order, consumptive use permit, or rule adopted or
2309	issued pursuant to part II of chapter 373.
2310	(c)  A local government ordinance may not prohibit or be
2311	enforced so as to prohibit any property owner from implementing
2312	Florida-friendly landscaping on his or her land.
2313	Section 38.  Section 335.167, Florida Statutes, is amended
2314	to read:
2315	335.167  State highway construction and maintenance;
2316	Xeriscape or Florida-friendly landscaping.--
2317	(1)  The department shall use and require the use of
2318	Florida-friendly landscaping Xeriscape practices, as defined in
2319	s. 373.185(1), in the construction and maintenance of all new
2320	state highways, wayside parks, access roads, welcome stations,
2321	and other state highway rights-of-way constructed upon or
2322	acquired after June 30, 2009 1992. The department shall develop
2323	a 5-year program for phasing in the use of Florida-friendly
2324	landscaping Xeriscape, including the use of solid waste compost,
2325	in state highway rights-of-way constructed upon or acquired
2326	before July 1, 2009 1992. In accomplishing these tasks, the
2327	department shall employ the guidelines set out in s.
2328	373.185(2)(a)-(f).
2329	(2)(a)  The Legislature finds that the use of Florida-
2330	friendly landscaping and other water use and pollution
2331	prevention measures that conserve or protect the state's water
2332	resources serves a compelling public interest and that the
2333	participation of homeowners' associations and local governments
2334	is essential to state water conservation and water quality
2335	protection and restoration efforts.
2336	(b)  A deed restriction or covenant entered after October
2337	1, 2001, or local government ordinance may not prohibit or be
2338	enforced to prohibit any property owner from implementing
2339	Xeriscape or Florida-friendly landscaping landscape on his or
2340	her land or create any requirement or limitation in conflict
2341	with any provision of part II of chapter 373 or a water shortage
2342	order, other order, consumptive use permit, or rule adopted or
2343	issued pursuant to part II of chapter 373.
2344	(c)  A local government ordinance may not prohibit or be
2345	enforced so as to prohibit any property owner from implementing
2346	Florida-friendly landscaping on his or her land.
2347	Section 39.  Paragraph (a) of subsection (3) of section
2348	380.061, Florida Statutes, is amended to read:
2349	380.061  The Florida Quality Developments program.--
2350	(3)(a)  To be eligible for designation under this program,
2351	the developer shall comply with each of the following
2352	requirements which is applicable to the site of a qualified
2353	development:
2354	1.  Have donated or entered into a binding commitment to
2355	donate the fee or a lesser interest sufficient to protect, in
2356	perpetuity, the natural attributes of the types of land listed
2357	below. In lieu of the above requirement, the developer may enter
2358	into a binding commitment which runs with the land to set aside
2359	such areas on the property, in perpetuity, as open space to be
2360	retained in a natural condition or as otherwise permitted under
2361	this subparagraph. Under the requirements of this subparagraph,
2362	the developer may reserve the right to use such areas for the
2363	purpose of passive recreation that is consistent with the
2364	purposes for which the land was preserved.
2365	a.  Those wetlands and water bodies throughout the state as
2366	would be delineated if the provisions of s. 373.4145(1)(b) were
2367	applied. The developer may use such areas for the purpose of
2368	site access, provided other routes of access are unavailable or
2369	impracticable; may use such areas for the purpose of stormwater
2370	or domestic sewage management and other necessary utilities to
2371	the extent that such uses are permitted pursuant to chapter 403;
2372	or may redesign or alter wetlands and water bodies within the
2373	jurisdiction of the Department of Environmental Protection which
2374	have been artificially created, if the redesign or alteration is
2375	done so as to produce a more naturally functioning system.
2376	b.  Active beach or primary and, where appropriate,
2377	secondary dunes, to maintain the integrity of the dune system
2378	and adequate public accessways to the beach. However, the
2379	developer may retain the right to construct and maintain
2380	elevated walkways over the dunes to provide access to the beach.
2381	c.  Known archaeological sites determined to be of
2382	significance by the Division of Historical Resources of the
2383	Department of State.
2384	d.  Areas known to be important to animal species
2385	designated as endangered or threatened animal species by the
2386	United States Fish and Wildlife Service or by the Fish and
2387	Wildlife Conservation Commission, for reproduction, feeding, or
2388	nesting; for traveling between such areas used for reproduction,
2389	feeding, or nesting; or for escape from predation.
2390	e.  Areas known to contain plant species designated as
2391	endangered plant species by the Department of Agriculture and
2392	Consumer Services.
2393	2.  Produce, or dispose of, no substances designated as
2394	hazardous or toxic substances by the United States Environmental
2395	Protection Agency or by the Department of Environmental
2396	Protection or the Department of Agriculture and Consumer
2397	Services. This subparagraph is not intended to apply to the
2398	production of these substances in nonsignificant amounts as
2399	would occur through household use or incidental use by
2400	businesses.
2401	3.  Participate in a downtown reuse or redevelopment
2402	program to improve and rehabilitate a declining downtown area.
2403	4.  Incorporate no dredge and fill activities in, and no
2404	stormwater discharge into, waters designated as Class II,
2405	aquatic preserves, or Outstanding Florida Waters, except as
2406	activities in those waters are permitted pursuant to s.
2407	403.813(2) and the developer demonstrates that those activities
2408	meet the standards under Class II waters, Outstanding Florida
2409	Waters, or aquatic preserves, as applicable.
2410	5.  Include open space, recreation areas, Florida-friendly
2411	landscaping Xeriscape as defined in s. 373.185, and energy
2412	conservation and minimize impermeable surfaces as appropriate to
2413	the location and type of project.
2414	6.  Provide for construction and maintenance of all onsite
2415	infrastructure necessary to support the project and enter into a
2416	binding commitment with local government to provide an
2417	appropriate fair-share contribution toward the offsite impacts
2418	which the development will impose on publicly funded facilities
2419	and services, except offsite transportation, and condition or
2420	phase the commencement of development to ensure that public
2421	facilities and services, except offsite transportation, will be
2422	available concurrent with the impacts of the development. For
2423	the purposes of offsite transportation impacts, the developer
2424	shall comply, at a minimum, with the standards of the state land
2425	planning agency's development-of-regional-impact transportation
2426	rule, the approved strategic regional policy plan, any
2427	applicable regional planning council transportation rule, and
2428	the approved local government comprehensive plan and land
2429	development regulations adopted pursuant to part II of chapter
2430	163.
2431	7.  Design and construct the development in a manner that
2432	is consistent with the adopted state plan, the applicable
2433	strategic regional policy plan, and the applicable adopted local
2434	government comprehensive plan.
2435	Section 40.  Subsection (3) of section 388.291, Florida
2436	Statutes, is amended to read:
2437	388.291  Source reduction measures; supervision by
2438	department.--
2439	(3)  Property owners in a developed residential area are
2440	required to maintain their property in such a manner so as not
2441	to create or maintain any standing freshwater condition capable
2442	of breeding mosquitoes or other arthropods in significant
2443	numbers so as to constitute a public health, welfare, or
2444	nuisance problem. Nothing in this subsection shall permit the
2445	alteration of permitted stormwater management systems or
2446	prohibit maintained fish ponds, Florida-friendly landscaping
2447	xeriscaping, or other maintained systems of landscaping or
2448	vegetation. If such a condition is found to exist, the local
2449	arthropod control agency shall serve notice on the property
2450	owner to treat, remove, or abate the condition. Such notice
2451	shall serve as prima facie evidence of maintaining a nuisance,
2452	and upon failure of the property owner to treat, remove, or
2453	abate the condition, the local arthropod control agency or any
2454	affected citizen may proceed pursuant to s. 60.05 to enjoin the
2455	nuisance and may recover costs and attorney's fees if they
2456	prevail in the action.
2457	Section 41.  Paragraph (a) of subsection (6) of section
2458	481.303, Florida Statutes, is amended to read:
2459	481.303  Definitions.--As used in this chapter:
2460	(6)  "Landscape architecture" means professional services,
2461	including, but not limited to, the following:
2462	(a)  Consultation, investigation, research, planning,
2463	design, preparation of drawings, specifications, contract
2464	documents and reports, responsible construction supervision, or
2465	landscape management in connection with the planning and
2466	development of land and incidental water areas, including the
2467	use of Florida-friendly landscaping Xeriscape as defined in s.
2468	373.185, where, and to the extent that, the dominant purpose of
2469	such services or creative works is the preservation,
2470	conservation, enhancement, or determination of proper land uses,
2471	natural land features, ground cover and plantings, or
2472	naturalistic and aesthetic values;
2473	Section 42.  Subsection (4) of section 720.3075, Florida
2474	Statutes, is amended to read:
2475	720.3075  Prohibited clauses in association documents.--
2476	(4)(a)  The Legislature finds that the use of Florida-
2477	friendly landscaping and other water use and pollution
2478	prevention measures that conserve or protect the state's water
2479	resources serves a compelling public interest and that the
2480	participation of homeowners' associations and local governments
2481	is essential to state water conservation and water quality
2482	protection and restoration efforts.
2483	(b)  Homeowners' association documents, including
2484	declarations of covenants, articles of incorporation, or bylaws,
2485	entered after October 1, 2001, may not prohibit or be enforced
2486	to prohibit any property owner from implementing Xeriscape or
2487	Florida-friendly landscaping landscape, as defined in s.
2488	373.185(1), on his or her land or create any requirement or
2489	limitation in conflict with any provision of part II of chapter
2490	373 or a water shortage order, other order, consumptive use
2491	permit, or rule adopted or issued pursuant to part II of chapter
2492	373.
2493	Section 43.  Subsection (6) of section 369.317, Florida
2494	Statutes, is amended to read:
2495	369.317  Wekiva Parkway.--
2496	(6)  The Orlando-Orange County Expressway Authority is
2497	hereby granted the authority to act as a third-party acquisition
2498	agent, pursuant to s. 259.041 on behalf of the Board of Trustees
2499	or chapter 373 on behalf of the governing board of the St. Johns
2500	River Water Management District, for the acquisition of all
2501	necessary lands, property and all interests in property
2502	identified herein, including fee simple or less-than-fee simple
2503	interests. The lands subject to this authority are identified in
2504	paragraph 10.a., State of Florida, Office of the Governor,
2505	Executive Order 03-112 of July 1, 2003, and in Recommendation 16
2506	of the Wekiva Basin Area Task Force created by Executive Order
2507	2002-259, such lands otherwise known as Neighborhood Lakes, a
2508	1,587+/- acre parcel located in Orange and Lake Counties within
2509	Sections 27, 28, 33, and 34 of Township 19 South, Range 28 East,
2510	and Sections 3, 4, 5, and 9 of Township 20 South, Range 28 East;
2511	Seminole Woods/Swamp, a 5,353+/- acre parcel located in Lake
2512	County within Section 37, Township 19 South, Range 28 East; New
2513	Garden Coal; a 1,605+/- acre parcel in Lake County within
2514	Sections 23, 25, 26, 35, and 36, Township 19 South, Range 28
2515	East; Pine Plantation, a 617+/- acre tract consisting of eight
2516	individual parcels within the Apopka City limits. The Department
2517	of Transportation, the Department of Environmental Protection,
2518	the St. Johns River Water Management District, and other land
2519	acquisition entities shall participate and cooperate in
2520	providing information and support to the third-party acquisition
2521	agent. The land acquisition process authorized by this paragraph
2522	shall begin no later than December 31, 2004. Acquisition of the
2523	properties identified as Neighborhood Lakes, Pine Plantation,
2524	and New Garden Coal, or approval as a mitigation bank shall be
2525	concluded no later than December 31, 2010. Department of
2526	Transportation and Orlando-Orange County Expressway Authority
2527	funds expended to purchase an interest in those lands identified
2528	in this subsection shall be eligible as environmental mitigation
2529	for road construction related impacts in the Wekiva Study Area.
2530	If any of the lands identified in this subsection are used as
2531	environmental mitigation for road construction related impacts
2532	incurred by the Department of Transportation or Orlando-Orange
2533	County Expressway Authority, or for other impacts incurred by
2534	other entities, within the Wekiva Study Area or within the
2535	Wekiva parkway alignment corridor, and if the mitigation offsets
2536	these impacts, the St. Johns River Water Management District and
2537	the Department of Environmental Protection shall consider the
2538	activity regulated under part IV of chapter 373 to meet the
2539	cumulative impact requirements of s. 373.414(8)(a).
2540	(a)  Acquisition of the land described in this section is
2541	required to provide right of way for the Wekiva Parkway, a
2542	limited access roadway linking State Road 429 to Interstate 4,
2543	an essential component in meeting regional transportation needs
2544	to provide regional connectivity, improve safety, accommodate
2545	projected population and economic growth, and satisfy critical
2546	transportation requirements caused by increased traffic volume
2547	growth and travel demands.
2548	(b)  Acquisition of the lands described in this section is
2549	also required to protect the surface water and groundwater
2550	resources of Lake, Orange, and Seminole counties, otherwise
2551	known as the Wekiva Study Area, including recharge within the
2552	springshed that provides for the Wekiva River system. Protection
2553	of this area is crucial to the long term viability of the Wekiva
2554	River and springs and the central Florida region's water supply.
2555	Acquisition of the lands described in this section is also
2556	necessary to alleviate pressure from growth and development
2557	affecting the surface and groundwater resources within the
2558	recharge area.
2559	(c)  Lands acquired pursuant to this section that are
2560	needed for transportation facilities for the Wekiva Parkway
2561	shall be determined not necessary for conservation purposes
2562	pursuant to ss. 253.034(6) and 373.089(5) and shall be
2563	transferred to or retained by the Orlando-Orange County
2564	Expressway Authority or the Department of Transportation upon
2565	reimbursement of the full purchase price and acquisition costs.
2566	Section 44. (1)  Effective July 1, 2009, a task force is
2567	established to develop legislative recommendations relating to
2568	stormwater management system design in the state. The task force
2569	shall:
2570	(a)  Review the Joint Professional Engineers and Landscape
2571	Architecture Committee Report conducted pursuant to s. 17,
2572	chapter 88-347, Laws of Florida, and determine the current
2573	validity of the report and the need to revise any of the
2574	conclusions or recommendations.
2575	(b)  Determine how a licensed and registered professional
2576	might demonstrate competency for stormwater management system
2577	design.
2578	(c)  Determine how the Board of Professional Engineers and
2579	the Board of Landscape Architecture might administer
2580	certification tests or continuing education requirements for
2581	stormwater management system design.
2582	(d)  Provide recommendations for grandfathering the rights
2583	of licensed professionals who currently practice stormwater
2584	management design in a manner that will allow them to continue
2585	to practice without meeting any new requirements the task force
2586	recommends be placed on licensed professionals in the future.
2587	(2)(a)  The Board of Landscape Architecture, the Board of
2588	Professional Engineers, the Florida Engineering Society, the
2589	Florida Chapter of the American Society of Landscape Architects,
2590	the Secretary of Environmental Protection, and the Secretary of
2591	Transportation shall each appoint one member to the task force.
2592	(b)  Members of the task force may not be reimbursed for
2593	travel, per diem, or any other costs associated with serving on
2594	the task force.
2595	(c)  The task force shall meet a minimum of four times
2596	either in person or via teleconference; however, a minimum of
2597	two meetings shall be public hearings with testimony.
2598	(d)  The task force shall expire on November 1, 2009.
2599	(3)  The task force shall provide its findings and
2600	legislative recommendations to the President of the Senate and
2601	the Speaker of the House of Representatives by November 1, 2009.
2602	Section 45.  Subsections (1) and (3) of section 378.901,
2603	Florida Statutes, are amended to read:
2604	378.901  Life-of-the-mine permit.--
2605	(1)  As used in this section, the term:
2606	(a)  "Bureau" means the Bureau of Mining and Minerals
2607	Regulation Mine Reclamation of the Division of Water Resource
2608	Management of the Department of Environmental Protection.
2609	(b)  "Life-of-the-mine permit" means a permit authorizing
2610	activities regulated under part IV of chapter 373 and part IV of
2611	this chapter.
2612	(3)  The bureau may also issue life-of-the-mine permits to
2613	operators of limerock mines and sand mines as part of the
2614	consideration for conveyance to the Board of Trustees of the
2615	Internal Improvement Trust Fund of environmentally sensitive
2616	lands in an amount equal to or greater than the acreage included
2617	in the life-of-the-mine permit and provided such environmentally
2618	sensitive lands are contiguous to or within reasonable proximity
2619	to the lands included in the life-of-the-mine permit. In the
2620	event there exists evidence that any limerock life-of-the-mine
2621	permit authorizing activities regulated under part IV of chapter
2622	373 will have a detrimental effect on a wellfield or wellfield
2623	protection area or will have a significant detrimental public
2624	health, safety, wellfare, or environmental effect, then the
2625	life-of-the-mine permit may be reopened.
2626	Section 46.  Subsection (6) of section 399.02, Florida
2627	Statutes, is amended to read:
2628	399.02  General requirements.--
2629	(6)  The department is empowered to carry out all of the
2630	provisions of this chapter relating to the inspection and
2631	regulation of elevators and to enforce the provisions of the
2632	Florida Building Code, except that updates to the code requiring
2633	modifications for heat sensors and electronic controls on
2634	existing elevators, as amended into the Safety Code for Existing
2635	Elevators and Escalators, ANSI/ASME A17.1 and A17.3, may not be
2636	enforced on elevators issued a certificate of operation by the
2637	department as of July 1, 2008, until such time as the elevator
2638	is replaced. This exception does not apply to any building for
2639	which a building permit was issued after July 1, 2008.
2640	Section 47.  Present subsection (7) of section 399.15,
2641	Florida Statutes, is redesignated as subsection (8), and a new
2642	subsection (7) is added to that section, to read:
2643	399.15  Regional emergency elevator access.--
2644	(7)  As an alternative to complying with the requirements
2645	of subsection (1), each building in this state which is required
2646	to meet the provisions of subsections (1) and (2) may instead
2647	provide for the installation of a uniform lock box that contains
2648	the keys to all elevators in the building which allow public
2649	access, including service and freight elevators. The uniform
2650	lock box must be keyed so as to allow all uniform lock boxes in
2651	each of the seven state emergency response regions to operate in
2652	fire emergency situations using one master key. The uniform lock
2653	box master key may be issued only to the fire department. The
2654	Division of State Fire Marshal of the Department of Financial
2655	Services shall enforce this subsection. The Department of
2656	Financial Services shall select the provider of the uniform lock
2657	box to be installed in each building in which the requirements
2658	of this subsection are implemented.
2659	Section 48.  Effective July 1, 2010, subsection (4) of
2660	section 468.8311, Florida Statutes, is amended to read:
2661	468.8311  Definitions.--As used in this part, the term:
2662	(4)  "Home inspection services" means a limited visual
2663	examination of one or more of the following readily accessible
2664	installed systems and components of a home: the structure,
2665	electrical system, HVAC system, roof covering, plumbing system,
2666	interior components, windows, doors, walls, floors, ceilings,
2667	exterior components, and site conditions that affect the
2668	structure, for the purposes of providing a written professional
2669	opinion of the condition of the home.
2670	Section 49.  Effective July 1, 2010, section 468.8312,
2671	Florida Statutes, is amended to read:
2672	468.8312  Fees.--
2673	(1)  The department, by rule, may establish fees to be paid
2674	for applications, examination, reexamination, licensing and
2675	renewal, inactive status application and reactivation of
2676	inactive licenses, recordkeeping, and applications for providers
2677	of continuing education. The department may also establish by
2678	rule a delinquency fee. Fees shall be based on department
2679	estimates of the revenue required to implement the provisions of
2680	this part. All fees shall be remitted with the appropriate
2681	application, examination, or license.
2682	(2)  The initial application and examination fee shall not
2683	exceed $250 $125 plus the actual per applicant cost to the
2684	department to purchase an examination, if the department chooses
2685	to purchase the examination. The examination fee shall be in an
2686	amount that covers the cost of obtaining and administering the
2687	examination and shall be refunded if the applicant is found
2688	ineligible to sit for the examination. The application fee shall
2689	be nonrefundable.
2690	(3)  The initial license fee shall not exceed $400 $200.
2691	(4)  The fee for a certificate of authorization shall not
2692	exceed $250 $125.
2693	(5)  The biennial renewal fee shall not exceed $400 $200.
2694	(6)  The fee for licensure by endorsement shall not exceed
2695	$400 $200.
2696	(7)  The fee for application for inactive status or for
2697	reactivation of an inactive license shall not exceed $400 $200.
2698	(8)  The fee for applications from providers of continuing
2699	education may not exceed $500.
2700	Section 50.  Effective July 1, 2010, section 468.8319,
2701	Florida Statutes, is amended to read:
2702	468.8319  Prohibitions; penalties.--
2703	(1)  A person A home inspector, a company that employs a
2704	home inspector, or a company that is controlled by a company
2705	that also has a financial interest in a company employing a home
2706	inspector may not:
2707	(a)  Practice or offer to practice home inspection services
2708	unless the person has complied with the provisions of this part;
2709	(b)  Use the name or title "certified home inspector,"
2710	"registered home inspector," "licensed home inspector," "home
2711	inspector," "professional home inspector," or any combination
2712	thereof unless the person has complied with the provisions of
2713	this part;
2714	(c)  Present as his or her own the license of another;
2715	(d)  Knowingly give false or forged evidence to the
2716	department or an employee thereof;
2717	(e)  Use or attempt to use a license that has been
2718	suspended or revoked;
2719	(f)  Perform or offer to perform, prior to closing, for any
2720	additional fee, any repairs to a home on which the inspector or
2721	the inspector's company has prepared a home inspection report.
2722	This paragraph does not apply to a home warranty company that is
2723	affiliated with or retains a home inspector to perform repairs
2724	pursuant to a claim made under a home warranty contract;
2725	(g)  Inspect for a fee any property in which the inspector
2726	or the inspector's company has any financial or transfer
2727	interest;
2728	(h)  Offer or deliver any compensation, inducement, or
2729	reward to any broker or agent therefor for the referral of the
2730	owner of the inspected property to the inspector or the
2731	inspection company; or
2732	(i)  Accept an engagement to make an omission or prepare a
2733	report in which the inspection itself, or the fee payable for
2734	the inspection, is contingent upon either the conclusions in the
2735	report, preestablished findings, or the close of escrow.
2736	(2)  Any person who is found to be in violation of any
2737	provision of this section commits a misdemeanor of the first
2738	degree, punishable as provided in s. 775.082 or s. 775.083.
2739	Section 51.  Effective July 1, 2010, section 468.832,
2740	Florida Statutes, is amended to read:
2741	468.832  Disciplinary proceedings.--
2742	(1)  The following acts constitute grounds for which the
2743	disciplinary actions in subsection (2) may be taken:
2744	(a)  Violation of any provision of this part or s.
2745	455.227(1);
2746	(b)  Attempting to procure a license to practice home
2747	inspection services by bribery or fraudulent misrepresentation;
2748	(c)  Having a license to practice home inspection services
2749	revoked, suspended, or otherwise acted against, including the
2750	denial of licensure, by the licensing authority of another
2751	state, territory, or country;
2752	(d)  Being convicted or found guilty of, or entering a plea
2753	of nolo contendere to, regardless of adjudication, a crime in
2754	any jurisdiction that directly relates to the practice of home
2755	inspection services or the ability to practice home inspection
2756	services;
2757	(e)  Making or filing a report or record that the licensee
2758	knows to be false, willfully failing to file a report or record
2759	required by state or federal law, willfully impeding or
2760	obstructing such filing, or inducing another person to impede or
2761	obstruct such filing. Such reports or records shall include only
2762	those that are signed in the capacity of a licensed home
2763	inspector;
2764	(f)  Advertising goods or services in a manner that is
2765	fraudulent, false, deceptive, or misleading in form or content;
2766	(g)  Engaging in fraud or deceit, or negligence,
2767	incompetency, or misconduct, in the practice of home inspection
2768	services;
2769	(h)  Failing to perform any statutory or legal obligation
2770	placed upon a licensed home inspector; violating any provision
2771	of this chapter, a rule of the department, or a lawful order of
2772	the department previously entered in a disciplinary hearing; or
2773	failing to comply with a lawfully issued subpoena of the
2774	department; or
2775	(i)  Practicing on a revoked, suspended, inactive, or
2776	delinquent license.
2777	(2)  When the department finds any licensee home inspector
2778	guilty of any of the grounds set forth in subsection (1), it may
2779	enter an order imposing one or more of the following penalties:
2780	(a)  Denial of an application for licensure.
2781	(b)  Revocation or suspension of a license.
2782	(c)  Imposition of an administrative fine not to exceed
2783	$5,000 for each count or separate offense.
2784	(d)  Issuance of a reprimand.
2785	(e)  Placement of the home inspector on probation for a
2786	period of time and subject to such conditions as the department
2787	may specify.
2788	(f)  Restriction of the authorized scope of practice by the
2789	home inspector.
2790	(3)  In addition to any other sanction imposed under this
2791	part, in any final order that imposes sanctions, the department
2792	may assess costs related to the investigation and prosecution of
2793	the case.
2794	Section 52.  Effective July 1, 2009, and notwithstanding
2795	section 4 of chapter 2007-236, section 468.8324, Florida
2796	Statutes, is amended to read:
2797	468.8324  Grandfather clause.--A person who performs home
2798	inspection services as defined in this part before July 1, 2010,
2799	may qualify to be licensed by the department as a home inspector
2800	if the person meets the licensure requirements of this part, and
2801	if the person: by July 1, 2010.
2802	(1)  Has received compensation as a home inspector for not
2803	less than 1 year prior to July 1, 2010; or
2804	(2)  Has performed no fewer than 50 home inspections and
2805	received compensation for such inspections prior to July 1,
2806	2010.
2807	Section 53.  Subsection (2) of section 627.711, Florida
2808	Statutes, is amended to read:
2809	627.711  Notice of premium discounts for hurricane loss
2810	mitigation; uniform mitigation verification inspection form.--
2811	(2)  By July 1, 2007, the Financial Services Commission
2812	shall develop by rule a uniform mitigation verification
2813	inspection form that shall be used by all insurers when
2814	submitted by policyholders for the purpose of factoring
2815	discounts for wind insurance. In developing the form, the
2816	commission shall seek input from insurance, construction, and
2817	building code representatives. Further, the commission shall
2818	provide guidance as to the length of time the inspection results
2819	are valid. An insurer shall accept as valid a uniform mitigation
2820	verification form certified by the Department of Financial
2821	Services or signed by:
2822	(a)  A hurricane mitigation inspector employed by an
2823	approved My Safe Florida Home wind certification entity;
2824	(b)  A building code inspector certified under s. 468.607;
2825	(c)  A general or residential contractor licensed under s.
2826	489.111;
2827	(d)  A professional engineer licensed under s. 471.015 who
2828	has passed the appropriate equivalency test of the Building Code
2829	Training Program as required by s. 553.841; or
2830	(e)  A professional architect licensed under s. 481.213.
2831	Section 54.  Subsection (6) of section 718.113, Florida
2832	Statutes, is repealed.
2833	Section 55.  Subsections (2), (8), and (9) of section
2834	553.37, Florida Statutes, are amended, and section (12) is added
2835	to that section, to read:
2836	553.37  Rules; inspections; and insignia.--
2837	(2)  The department shall adopt rules to address:
2838	(a)  Procedures and qualifications for approval of third-
2839	party plan review and inspection agencies and of those who
2840	perform inspections and plan reviews.
2841	(b)  Investigation of consumer complaints of noncompliance
2842	of manufactured buildings with the Florida Building Code and the
2843	Florida Fire Prevention Code.
2844	(c)  Issuance, cancellation, and revocation of any insignia
2845	issued by the department and procedures for auditing and
2846	accounting for disposition of them.
2847	(d)  Monitoring the manufacturers', inspection agencies',
2848	and plan review agencies' compliance with this part and the
2849	Florida Building Code. Monitoring may include, but is not
2850	limited to, performing audits of plans, inspections of
2851	manufacturing facilities and observation of the manufacturing
2852	and inspection process, and onsite inspections of buildings.
2853	(e)  The performance by the department and its designees
2854	and contractors of any other functions required by this part.
2855	(8)  The department, by rule, shall establish a schedule of
2856	fees to pay the cost of the administration and enforcement of
2857	this part. The rule may provide for manufacturers to pay fees to
2858	the administrator directly, including charges incurred for plans
2859	review and inspection services, via the Building Code
2860	Information System (BCIS) and for the administrator to disburse
2861	the funds as necessary.
2862	(9)  The department may delegate its enforcement authority
2863	to a state department having building construction
2864	responsibilities or a local government, and may enter into
2865	contracts for the performance of its administrative duties under
2866	this part. The department may delegate its plan review and
2867	inspection authority to one or more of the following in any
2868	combination:
2869	(a)  A state department having building construction
2870	responsibilities;
2871	(b)  A local government;
2872	(c)  An approved inspection agency;
2873	(d)  An approved plan review agency; or
2874	(e)  An agency of another state.
2875	(12)  Custom or one-of-a-kind prototype manufactured
2876	buildings are not required to have state approval, but must be
2877	in compliance with all local requirements of the governmental
2878	agency having jurisdiction at the installation site.
2879	Section 56.  Section 553.375, Florida Statutes, is amended
2880	to read:
2881	553.375  Recertification of manufactured buildings.--Prior
2882	to the relocation to a site that has a higher design wind speed,
2883	modification, or change of occupancy of a manufactured building
2884	within the state, the manufacturer, dealer, or owner thereof may
2885	apply to the department for recertification of that manufactured
2886	building. The department shall, by rule, provide what
2887	information the applicant must submit for recertification and
2888	for plan review and inspection of such manufactured buildings
2889	and shall establish fees for recertification. Upon a
2890	determination by the department that the manufactured building
2891	complies with the applicable building codes, the department
2892	shall issue a recertification insignia. A manufactured building
2893	that bears recertification insignia does not require any
2894	additional approval by an enforcement jurisdiction in which the
2895	building is sold or installed, and is considered to comply with
2896	all applicable codes. As an alternative to recertification by
2897	the department, the manufacturer, dealer, or owner of a
2898	manufactured building may seek appropriate permitting and a
2899	certificate of occupancy from the local jurisdiction in
2900	accordance with procedures generally applicable under the
2901	Florida Building Code.
2902	Section 57.  Subsections (7) and (9) of section 553.73,
2903	Florida Statutes, are amended, and subsection (14) is added to
2904	that section, to read:
2905	553.73  Florida Building Code.--
2906	(7)  Notwithstanding the provisions of subsection (3) or
2907	subsection (6), the commission may address issues identified in
2908	this subsection by amending the code pursuant only to the rule
2909	adoption procedures contained in chapter 120. Provisions of the
2910	Florida Building Code, including those contained in referenced
2911	standards and criteria, relating to wind resistance or the
2912	prevention of water intrusion may not be amended pursuant to
2913	this subsection to diminish those construction requirements;
2914	however, the commission may, subject to conditions in this
2915	subsection, amend the provisions to enhance those construction
2916	requirements. Following the approval of any amendments to the
2917	Florida Building Code by the commission and publication of the
2918	amendments on the commission's website, authorities having
2919	jurisdiction to enforce the Florida Building Code may enforce
2920	the amendments. The commission may approve amendments that are
2921	needed to address:
2922	(a)  Conflicts within the updated code;
2923	(b)  Conflicts between the updated code and the Florida
2924	Fire Prevention Code adopted pursuant to chapter 633;
2925	(c)  The omission of previously adopted Florida-specific
2926	amendments to the updated code if such omission is not supported
2927	by a specific recommendation of a technical advisory committee
2928	or particular action by the commission;
2929	(d)  Unintended results from the integration of previously
2930	adopted Florida-specific amendments with the model code;
2931	(e)  Equivalency of standards;
2932	(f)  The specific needs of state agencies when agency rules
2933	must be updated to reflect federal requirements relating to
2934	design criteria for public educational facilities and state-
2935	licensed facilities;
2936	(g)(e)  Changes to or inconsistencies with federal or state
2937	law; or
2938	(h)(f)  Adoption of an updated edition of the National
2939	Electrical Code if the commission finds that delay of
2940	implementing the updated edition causes undue hardship to
2941	stakeholders or otherwise threatens the public health, safety,
2942	and welfare.
2943	(9)  The following buildings, structures, and facilities
2944	are exempt from the Florida Building Code as provided by law,
2945	and any further exemptions shall be as determined by the
2946	Legislature and provided by law:
2947	(a)  Buildings and structures specifically regulated and
2948	preempted by the Federal Government.
2949	(b)  Railroads and ancillary facilities associated with the
2950	railroad.
2951	(c)  Nonresidential farm buildings on farms.
2952	(d)  Temporary buildings or sheds used exclusively for
2953	construction purposes.
2954	(e)  Mobile or modular structures used as temporary
2955	offices, except that the provisions of part II relating to
2956	accessibility by persons with disabilities shall apply to such
2957	mobile or modular structures.
2958	(f)  Those structures or facilities of electric utilities,
2959	as defined in s. 366.02, which are directly involved in the
2960	generation, transmission, or distribution of electricity.
2961	(g)  Temporary sets, assemblies, or structures used in
2962	commercial motion picture or television production, or any
2963	sound-recording equipment used in such production, on or off the
2964	premises.
2965	(h)  Storage sheds that are not designed for human
2966	habitation and that have a floor area of 720 square feet or less
2967	are not required to comply with the mandatory wind-borne-debris-
2968	impact standards of the Florida Building Code.
2969	(i)  Chickees constructed by the Miccosukee Tribe of
2970	Indians of Florida or the Seminole Tribe of Florida. As used in
2971	this paragraph, the term "chickee" means an open-sided wooden
2972	hut that has a thatched roof of palm or palmetto or other
2973	traditional materials, and that does not incorporate any
2974	electrical, plumbing, or other nonwood features.
2975	(j)  Family mausoleums that are prefabricated and assembled
2976	on site, or preassembled and delivered on site; that have walls,
2977	roofs, and a floor constructed of granite, marble, or reinforced
2978	concrete; and that do not exceed 250 square feet in area.
2979
2980	With the exception of paragraphs (a), (b), (c), and (f), in
2981	order to preserve the health, safety, and welfare of the public,
2982	the Florida Building Commission may, by rule adopted pursuant to
2983	chapter 120, provide for exceptions to the broad categories of
2984	buildings exempted in this section, including exceptions for
2985	application of specific sections of the code or standards
2986	adopted therein. The Department of Agriculture and Consumer
2987	Services shall have exclusive authority to adopt by rule,
2988	pursuant to chapter 120, exceptions to nonresidential farm
2989	buildings exempted in paragraph (c) when reasonably necessary to
2990	preserve public health, safety, and welfare. The exceptions must
2991	be based upon specific criteria, such as under-roof floor area,
2992	aggregate electrical service capacity, HVAC system capacity, or
2993	other building requirements. Further, the commission may
2994	recommend to the Legislature additional categories of buildings,
2995	structures, or facilities which should be exempted from the
2996	Florida Building Code, to be provided by law. The Florida
2997	Building Code does not apply to temporary housing provided by
2998	the Department of Corrections to any prisoner in the state
2999	correctional system.
3000	(14)  The Florida Building Code may not require that an
3001	existing air conditioning system installed on the surface of a
3002	roof as of July 1, 2009, be raised 18 inches up from the surface
3003	on which it is installed until such time as the system is
3004	replaced, and an agency or local government having authority to
3005	enforce the Florida Building Code or a local building code may
3006	not require otherwise.
3007	Section 58.  Subsection (2) of section 553.76, Florida
3008	Statutes, is amended to read:
3009	553.76  General powers of the commission.--The commission
3010	is authorized to:
3011	(2)  Issue memoranda of procedure for its internal
3012	management and control. The commission may adopt rules related
3013	to its consensus-based decisionmaking process, including, but
3014	not limited to, super majority voting requirements for
3015	commission actions relating to the adoption of amendments to or
3016	the adoption of the Florida Building Code.
3017	Section 59.  Subsection (4) of section 553.775, Florida
3018	Statutes, is amended to read:
3019	553.775  Interpretations.--
3020	(4)  In order to administer this section, the commission
3021	may adopt by rule and impose a fee for binding and nonbinding
3022	interpretations to recoup the cost of the proceedings which may
3023	not exceed $250 for each request for a review or interpretation.
3024	For proceedings conducted by or in coordination with a third-
3025	party, the rule may provide that payment be made directly to the
3026	third party, who shall remit to the department that portion of
3027	the fee necessary to cover the costs of the department.
3028	Section 60.  Subsection (9) of section 553.79, Florida
3029	Statutes, is amended to read:
3030	553.79  Permits; applications; issuance; inspections.--
3031	(9)  Any state agency whose enabling legislation authorizes
3032	it to enforce provisions of the Florida Building Code may enter
3033	into an agreement with any other unit of government to delegate
3034	its responsibility to enforce those provisions and may expend
3035	public funds for permit and inspection fees, which fees may be
3036	no greater than the fees charged others. Inspection services
3037	that are not required to be performed by a state agency under a
3038	federal delegation of responsibility or by a state agency under
3039	the Florida Building Code must be performed under the
3040	alternative plans review and inspection process created in s.
3041	553.791 or by a local governmental entity having authority to
3042	enforce the Florida Building Code.
3043	Section 61.  Section 553.841, Florida Statutes, is amended
3044	to read:
3045	553.841  Building code compliance and mitigation program.--
3046	(1)  The Legislature finds that knowledge and understanding
3047	by persons licensed in the design and construction industries of
3048	the importance and need for complying with the Florida Building
3049	Code is vital to the public health, safety, and welfare of this
3050	state, especially for mitigating damage caused by hurricanes to
3051	residents and visitors to the state. The Legislature further
3052	finds that the Florida Building Code can be effective only if
3053	all participants in the design and construction industries
3054	maintain a thorough knowledge of the code and additions thereto
3055	which improve construction standards to protect against storm
3056	and other damage. Consequently, the Legislature finds that there
3057	is a need for a program to provide ongoing education and
3058	outreach activities concerning compliance with the Florida
3059	Building Code and hurricane mitigation.
3060	(2)  The Department of Community Affairs shall administer a
3061	program, designated as the Florida Building Code Compliance and
3062	Mitigation Program, to develop, coordinate, and maintain
3063	education and outreach to persons required to comply with the
3064	Florida Building Code and ensure consistent education, training,
3065	and communication of the code's requirements, including, but not
3066	limited to, methods for mitigation of storm-related damage. The
3067	program shall also operate a clearinghouse through which design,
3068	construction, and building code enforcement licensees,
3069	suppliers, and consumers in this state may find others in order
3070	to exchange information relating to mitigation and facilitate
3071	repairs in the aftermath of a natural disaster.
3072	(3)  All services and materials under the Florida Building
3073	Code Compliance and Mitigation Program must be provided by a
3074	private, nonprofit corporation under contract with the
3075	department. The term of the contract shall be for 4 years, with
3076	the option of one 4-year renewal at the end of the contract
3077	term. The initial contract must be in effect no later than
3078	November 1, 2007. The private, nonprofit corporation must be an
3079	organization whose membership includes trade and professional
3080	organizations whose members consist primarily of persons and
3081	entities that are required to comply with the Florida Building
3082	Code and that are licensed under part XII of chapter 468,
3083	chapter 471, chapter 481, or chapter 489. When selecting the
3084	private, nonprofit corporation for the program, the department
3085	must give primary consideration to the corporation's
3086	demonstrated experience and the ability to:
3087	(a)  Develop and deliver building code-related education,
3088	training, and outreach;
3089	(b)  Directly access the majority of persons licensed in
3090	the occupations of design, construction, and building code
3091	enforcement individually and through established statewide trade
3092	and professional association networks;
3093	(c)  Serve as a clearinghouse to deliver education and
3094	outreach throughout the state. The clearinghouse must serve as a
3095	focal point at which persons licensed to design, construct, and
3096	enforce building codes and suppliers and consumers can find each
3097	other in order to exchange information relating to mitigation
3098	and facilitate repairs in the aftermath of a natural disaster;
3099	(d)  Accept input from the Florida Building Commission,
3100	licensing regulatory boards, local building departments, and the
3101	design and construction industries in order to improve its
3102	education and outreach programs; and
3103	(e)  Promote design and construction techniques and
3104	materials for mitigating hurricane damage at a Florida-based
3105	trade conference that includes participants from the broadest
3106	possible range of design and construction trades and
3107	professions, including from those private and public sector
3108	entities having jurisdiction over building codes and design and
3109	construction licensure.
3110	(4)  The department, in administering the Florida Building
3111	Code Compliance and Mitigation Program, shall maintain, update,
3112	develop, or cause to be developed,:
3113	(a)  A core curriculum that is prerequisite to the advanced
3114	module coursework.
3115	(b)  advanced modules designed for use by each profession.
3116	(c)  The core curriculum developed under this subsection
3117	must be submitted to the Department of Business and Professional
3118	Regulation for approval. Advanced modules developed under this
3119	paragraph must be approved by the commission and submitted to
3120	the respective boards for approval.
3121	(5)  The core curriculum shall cover the information
3122	required to have all categories of participants appropriately
3123	informed as to their technical and administrative
3124	responsibilities in the effective execution of the code process
3125	by all individuals currently licensed under part XII of chapter
3126	468, chapter 471, chapter 481, or chapter 489, except as
3127	otherwise provided in s. 471.017. The core curriculum shall be
3128	prerequisite to the advanced module coursework for all licensees
3129	and shall be completed by individuals licensed in all categories
3130	under part XII of chapter 468, chapter 471, chapter 481, or
3131	chapter 489 within the first 2-year period after initial
3132	licensure. Core course hours taken by licensees to complete this
3133	requirement shall count toward fulfillment of required
3134	continuing education units under part XII of chapter 468,
3135	chapter 471, chapter 481, or chapter 489.
3136	(5)(6)  Each biennium, upon receipt of funds by the
3137	Department of Community Affairs from the Construction Industry
3138	Licensing Board and the Electrical Contractors' Licensing Board
3139	provided under ss. 489.109(3) and 489.509(3), the department
3140	shall determine the amount of funds available for the Florida
3141	Building Code Compliance and Mitigation Program.
3142	(6)(7)  If the projects provided through the Florida
3143	Building Code Compliance and Mitigation Program in any state
3144	fiscal year do not require the use of all available funds, the
3145	unused funds shall be carried forward and allocated for use
3146	during the following fiscal year.
3147	(7)(8)  The Florida Building Commission shall provide by
3148	rule for the accreditation of courses related to the Florida
3149	Building Code by accreditors approved by the commission. The
3150	commission shall establish qualifications of accreditors and
3151	criteria for the accreditation of courses by rule. The
3152	commission may revoke the accreditation of a course by an
3153	accreditor if the accreditation is demonstrated to violate this
3154	part or the rules of the commission.
3155	(8)(9)  This section does not prohibit or limit the subject
3156	areas or development of continuing education or training on the
3157	Florida Building Code by any qualified entity.
3158	Section 62.  Subsections (1), (5), (8), and (17) of section
3159	553.842, Florida Statutes, are amended to read:
3160	553.842  Product evaluation and approval.--
3161	(1)  The commission shall adopt rules under ss. 120.536(1)
3162	and 120.54 to develop and implement a product evaluation and
3163	approval system that applies statewide to operate in
3164	coordination with the Florida Building Code. The commission may
3165	enter into contracts to provide for administration of the
3166	product evaluation and approval system. The commission's rules
3167	and any applicable contract may provide that payment of fees
3168	related to approvals be made directly to the administrator, who
3169	shall remit to the department that portion of the fee necessary
3170	to cover the department's costs. The product evaluation and
3171	approval system shall provide:
3172	(a)  Appropriate promotion of innovation and new
3173	technologies.
3174	(b)  Processing submittals of products from manufacturers
3175	in a timely manner.
3176	(c)  Independent, third-party qualified and accredited
3177	testing and laboratory facilities, product evaluation entities,
3178	quality assurance agencies, certification agencies, and
3179	validation entities.
3180	(d)  An easily accessible product acceptance list to
3181	entities subject to the Florida Building Code.
3182	(e)  Development of stringent but reasonable testing
3183	criteria based upon existing consensus standards, when
3184	available, for products.
3185	(f)  Long-term approvals, where feasible. State and local
3186	approvals will be valid until the requirements of the code on
3187	which the approval is based change, the product changes in a
3188	manner affecting its performance as required by the code, or the
3189	approval is revoked.
3190	(g)  Criteria for revocation of a product approval.
3191	(h)  Cost-effectiveness.
3192	(5)  Statewide approval of products, methods, or systems of
3193	construction may be achieved by one of the following methods.
3194	One of these methods must be used by the commission to approve
3195	the following categories of products: panel walls, exterior
3196	doors, roofing, skylights, windows, shutters, and structural
3197	components as established by the commission by rule.
3198	(a)  Products for which the code establishes standardized
3199	testing or comparative or rational analysis methods shall be
3200	approved by submittal and validation of one of the following
3201	reports or listings indicating that the product or method or
3202	system of construction was evaluated to be in compliance with
3203	the Florida Building Code and that the product or method or
3204	system of construction is, for the purpose intended, at least
3205	equivalent to that required by the Florida Building Code:
3206	1.  A certification mark or listing of an approved
3207	certification agency, which may be used only for products for
3208	which the code designates standardized testing;
3209	2.  A test report from an approved testing laboratory;
3210	3.  A product evaluation report based upon testing or
3211	comparative or rational analysis, or a combination thereof, from
3212	an approved product evaluation entity; or
3213	4.  A product evaluation report based upon testing or
3214	comparative or rational analysis, or a combination thereof,
3215	developed and signed and sealed by a professional engineer or
3216	architect, licensed in this state.
3217
3218	A product evaluation report or a certification mark or listing
3219	of an approved certification agency which demonstrates that the
3220	product or method or system of construction complies with the
3221	Florida Building Code for the purpose intended shall be
3222	equivalent to a test report and test procedure as referenced in
3223	the Florida Building Code. An application for state approval of
3224	a product under subparagraph 1. shall be approved by the
3225	department after the commission staff or a designee verifies
3226	within 10 days after receipt that the application and related
3227	documentation are complete. Upon approval by the department, the
3228	product shall be immediately added to the list of state-approved
3229	products maintained under subsection (13). Approvals by the
3230	department shall be reviewed and ratified by the commission's
3231	program oversight committee except for a showing of good cause.
3232	(b)  Products, methods, or systems of construction for
3233	which there are no specific standardized testing or comparative
3234	or rational analysis methods established in the code may be
3235	approved by submittal and validation of one of the following:
3236	1.  A product evaluation report based upon testing or
3237	comparative or rational analysis, or a combination thereof, from
3238	an approved product evaluation entity indicating that the
3239	product or method or system of construction was evaluated to be
3240	in compliance with the intent of the Florida Building Code and
3241	that the product or method or system of construction is, for the
3242	purpose intended, at least equivalent to that required by the
3243	Florida Building Code; or
3244	2.  A product evaluation report based upon testing or
3245	comparative or rational analysis, or a combination thereof,
3246	developed and signed and sealed by a professional engineer or
3247	architect, licensed in this state, who certifies that the
3248	product or method or system of construction is, for the purpose
3249	intended, at least equivalent to that required by the Florida
3250	Building Code.
3251	(8)  The commission may adopt rules to approve the
3252	following types of entities that produce information on which
3253	product approvals are based. All of the following entities,
3254	including engineers and architects, must comply with a
3255	nationally recognized standard demonstrating independence or no
3256	conflict of interest:
3257	(a)  Evaluation entities that meet the criteria for
3258	approval adopted by the commission by rule. The commission shall
3259	specifically approve the National Evaluation Service, the
3260	International Association of Plumbing and Mechanical Officials
3261	Evaluation Service the International Conference of Building
3262	Officials Evaluation Services, the International Code Council
3263	Evaluation Services, the Building Officials and Code
3264	Administrators International Evaluation Services, the Southern
3265	Building Code Congress International Evaluation Services, and
3266	the Miami-Dade County Building Code Compliance Office Product
3267	Control. Architects and engineers licensed in this state are
3268	also approved to conduct product evaluations as provided in
3269	subsection (5).
3270	(b)  Testing laboratories accredited by national
3271	organizations, such as A2LA and the National Voluntary
3272	Laboratory Accreditation Program, laboratories accredited by
3273	evaluation entities approved under paragraph (a), and
3274	laboratories that comply with other guidelines for testing
3275	laboratories selected by the commission and adopted by rule.
3276	(c)  Quality assurance entities approved by evaluation
3277	entities approved under paragraph (a) and by certification
3278	agencies approved under paragraph (d) and other quality
3279	assurance entities that comply with guidelines selected by the
3280	commission and adopted by rule.
3281	(d)  Certification agencies accredited by nationally
3282	recognized accreditors and other certification agencies that
3283	comply with guidelines selected by the commission and adopted by
3284	rule.
3285	(e)  Validation entities that comply with accreditation
3286	standards established by the commission by rule.
3287	(17)(a)  The Florida Building Commission shall review the
3288	list of evaluation entities in subsection (8) and, in the annual
3289	report required under s. 553.77, shall either recommend
3290	amendments to the list to add evaluation entities the commission
3291	determines should be authorized to perform product evaluations
3292	or shall report on the criteria adopted by rule or to be adopted
3293	by rule allowing the commission to approve evaluation entities
3294	that use the commission's product evaluation process. If the
3295	commission adopts criteria by rule, the rulemaking process must
3296	be completed by July 1, 2009.
3297	(b)  Notwithstanding paragraph (8)(a), the International
3298	Association of Plumbing and Mechanical Officials Evaluation
3299	Services is approved as an evaluation entity until October 1,
3300	2009. If the association does not obtain permanent approval by
3301	the commission as an evaluation entity by October 1, 2009,
3302	products approved on the basis of an association evaluation must
3303	be substituted by an alternative, approved entity by December
3304	31, 2009, and on January 1, 2010, any product approval issued by
3305	the commission based on an association evaluation is void.
3306	Section 63.  Subsection (4) is added to section 553.844,
3307	Florida Statutes, to read:
3308	553.844  Windstorm loss mitigation; requirements for roofs
3309	and opening protection.--
3310	(4)  Notwithstanding the provisions of this section,
3311	exposed mechanical equipment or appliances fastened to rated
3312	stands, platforms, curbs, or slabs are deemed to comply with the
3313	wind resistance requirements for wind-borne debris regions as
3314	defined in s. 1609.2, Buildings Volume, 2007 Florida Building
3315	Code, as amended, and no further support or enclosure may be
3316	required by a state or local official having authority to
3317	enforce the Florida Building Code. This subsection expires on
3318	December 31, 2011.
3319	Section 64.  Section 553.885, Florida Statutes, is amended
3320	to read:
3321	553.885  Carbon monoxide alarm required.--
3322	(1)  Every separate building or addition to an existing
3323	building, other than a hospital, an inpatient hospice facility,
3324	or a nursing home facility licensed by the Agency for Health
3325	Care Administration, constructed for which a building permit is
3326	issued for new construction on or after July 1, 2008, and having
3327	a fossil-fuel-burning heater or appliance, a fireplace, or an
3328	attached garage, or other feature, fixture, or element that
3329	emits carbon monoxide as a byproduct of combustion shall have an
3330	approved operational carbon monoxide alarm installed within 10
3331	feet of each room used for sleeping purposes in the new building
3332	or addition, or at such other locations as required by the
3333	Florida Building Code. The requirements of this subsection may
3334	be satisfied with the installation of a battery-powered carbon
3335	monoxide alarm or a battery-powered combination carbon monoxide
3336	and smoke alarm. For a new hospital, an inpatient hospice
3337	facility, or a nursing home facility licensed by the Agency for
3338	Health Care Administration, an approved operational carbon
3339	monoxide detector shall be installed inside or directly outside
3340	of each room or area within the hospital or facility where a
3341	fossil-fuel-burning heater, engine, or appliance is located.
3342	This detector shall be connected to the fire alarm system of the
3343	hospital or facility as a supervisory signal. This subsection
3344	does not apply to existing buildings that are undergoing
3345	alterations or repairs unless the alteration is an addition as
3346	defined in subsection (3).
3347	(2)  The Florida Building Commission shall adopt rules to
3348	administer this section and shall incorporate such requirements
3349	into its next revision of the Florida Building Code.
3350	(3)  As used in this section, the term:
3351	(a)  "Carbon monoxide alarm" means a device that is meant
3352	for the purpose of detecting carbon monoxide, that produces a
3353	distinct audible alarm, and that meets the requirements of and
3354	is approved by the Florida Building Commission.
3355	(b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
3356	or other petroleum or hydrocarbon product that emits carbon
3357	monoxide as a by-product of combustion.
3358	(c)  "Addition" means an extension or increase in floor
3359	area, number of stories, or height of a building or structure.
3360	Section 65.  Subsection (2) of section 553.9061, Florida
3361	Statutes, is amended to read:
3362	553.9061  Scheduled increases in thermal efficiency
3363	standards.--
3364	(2)  The Florida Building Commission shall identify within
3365	code support and compliance documentation the specific building
3366	options and elements available to meet the energy performance
3367	goals established in subsection (1). Energy efficiency
3368	performance options and elements include, but are not limited
3369	to:
3370	(a)  Energy-efficient water heating systems, including
3371	solar water heating.
3372	(b)  Energy-efficient appliances.
3373	(c)  Energy-efficient windows, doors, and skylights.
3374	(d)  Low solar-absorption roofs, also known as "cool
3375	roofs."
3376	(e)  Enhanced ceiling and wall insulation.
3377	(f)  Reduced-leak duct systems and energy-saving devices
3378	and features installed within duct systems.
3379	(g)  Programmable thermostats.
3380	(h)  Energy-efficient lighting systems.
3381	(i)  Energy-saving quality installation procedures for
3382	replacement air conditioning systems, including, but not limited
3383	to, equipment sizing analysis and duct inspection.
3384	(j)  Energy-saving weatherization methods and air barriers
3385	such as wraps, seals, caulks, gaskets, or tapes to minimize
3386	building air leakage.
3387	(l)  Energy-efficient centralized computer data centers in
3388	office buildings.
3389	Section 66.  Section 553.912, Florida Statutes, is amended
3390	to read:
3391	553.912  Air conditioners.--All air conditioners which are
3392	sold or installed in the state shall meet the minimum efficiency
3393	ratings of the Florida Energy Efficiency Code for Building
3394	Construction. These efficiency ratings shall be minimums and may
3395	be updated in the Florida Energy Efficiency Code for Building
3396	Construction by the department in accordance with s. 553.901,
3397	following its determination that more cost-effective energy-
3398	saving equipment and techniques are available. All replacement
3399	air conditioning systems which are installed in the state shall
3400	be installed utilizing energy-saving quality installation
3401	procedures, including, but not limited to, equipment sizing
3402	analysis and duct inspection.
3403	Section 67.  Paragraph (d) of subsection (3) of section
3404	468.609, Florida Statutes, is amended to read:
3405	468.609  Administration of this part; standards for
3406	certification; additional categories of certification.--
3407	(3)  A person may take the examination for certification as
3408	a building code administrator pursuant to this part if the
3409	person:
3410	(d)  After the building code training program is
3411	established under s. 553.841, demonstrates successful completion
3412	of the core curriculum approved by the Florida Building
3413	Commission, appropriate to the licensing category sought.
3414	Section 68.  Subsection (6) of section 468.627, Florida
3415	Statutes, is repealed.
3416	Section 69.  Section 471.0195, Florida Statutes, is amended
3417	to read:
3418	471.0195  Florida Building Code training for
3419	engineers.--All licensees actively participating in the design
3420	of engineering works or systems in connection with buildings,
3421	structures, or facilities and systems covered by the Florida
3422	Building Code shall take continuing education courses and submit
3423	proof to the board, at such times and in such manner as
3424	established by the board by rule, that the licensee has
3425	completed the core curriculum courses and any specialized or
3426	advanced courses on any portion of the Florida Building Code
3427	applicable to the licensee's area of practice or has passed the
3428	appropriate equivalency test of the Building Code Training
3429	Program as required by s. 553.841. The board shall record
3430	reported continuing education courses on a system easily
3431	accessed by code enforcement jurisdictions for evaluation when
3432	determining license status for purposes of processing design
3433	documents. Local jurisdictions shall be responsible for
3434	notifying the board when design documents are submitted for
3435	building construction permits by persons who are not in
3436	compliance with this section. The board shall take appropriate
3437	action as provided by its rules when such noncompliance is
3438	determined to exist.
3439	Section 70.  Subsection (5) of section 481.215, Florida
3440	Statutes, is repealed.
3441	Section 71.  Subsection (5) of section 481.313, Florida
3442	Statutes, is repealed.
3443	Section 72.  Paragraph (b) of subsection (4) of section
3444	489.115, Florida Statutes, is amended to read:
3445	489.115  Certification and registration; endorsement;
3446	reciprocity; renewals; continuing education.--
3447	(4)
3448	(b)1.  Each certificateholder or registrant shall provide
3449	proof, in a form established by rule of the board, that the
3450	certificateholder or registrant has completed at least 14
3451	classroom hours of at least 50 minutes each of continuing
3452	education courses during each biennium since the issuance or
3453	renewal of the certificate or registration. The board shall
3454	establish by rule that a portion of the required 14 hours must
3455	deal with the subject of workers' compensation, business
3456	practices, workplace safety, and, for applicable licensure
3457	categories, wind mitigation methodologies, and 1 hour of which
3458	must deal with laws and rules. The board shall by rule establish
3459	criteria for the approval of continuing education courses and
3460	providers, including requirements relating to the content of
3461	courses and standards for approval of providers, and may by rule
3462	establish criteria for accepting alternative nonclassroom
3463	continuing education on an hour-for-hour basis. The board shall
3464	prescribe by rule the continuing education, if any, which is
3465	required during the first biennium of initial licensure. A
3466	person who has been licensed for less than an entire biennium
3467	must not be required to complete the full 14 hours of continuing
3468	education.
3469	2.  In addition, the board may approve specialized
3470	continuing education courses on compliance with the wind
3471	resistance provisions for one and two family dwellings contained
3472	in the Florida Building Code and any alternate methodologies for
3473	providing such wind resistance which have been approved for use
3474	by the Florida Building Commission. Division I
3475	certificateholders or registrants who demonstrate proficiency
3476	upon completion of such specialized courses may certify plans
3477	and specifications for one and two family dwellings to be in
3478	compliance with the code or alternate methodologies, as
3479	appropriate, except for dwellings located in floodways or
3480	coastal hazard areas as defined in ss. 60.3D and E of the
3481	National Flood Insurance Program.
3482	3.  Each certificateholder or registrant shall provide to
3483	the board proof of completion of the core curriculum courses, or
3484	passing the equivalency test of the Building Code Training
3485	Program established under s. 553.841, specific to the licensing
3486	category sought, within 2 years after commencement of the
3487	program or of initial certification or registration, whichever
3488	is later. Classroom hours spent taking core curriculum courses
3489	shall count toward the number required for renewal of
3490	certificates or registration. A certificateholder or registrant
3491	who passes the equivalency test in lieu of taking the core
3492	curriculum courses shall receive full credit for core curriculum
3493	course hours.
3494	3.4.  The board shall require, by rule adopted pursuant to
3495	ss. 120.536(1) and 120.54, a specified number of hours in
3496	specialized or advanced module courses, approved by the Florida
3497	Building Commission, on any portion of the Florida Building
3498	Code, adopted pursuant to part IV of chapter 553, relating to
3499	the contractor's respective discipline.
3500	Section 73.  Subsection (1) of section 489.1455, Florida
3501	Statutes, is amended to read:
3502	489.1455  Journeyman; reciprocity; standards.--
3503	(1)  An individual who holds a valid, active journeyman
3504	license in the plumbing/pipe fitting, mechanical, or HVAC trades
3505	issued by any county or municipality in this state may work as a
3506	journeyman in the trade in which he or she is licensed in any
3507	county or municipality of this state without taking an
3508	additional examination or paying an additional license fee, if
3509	he or she:
3510	(a)  Has scored at least 70 percent, or after October 1,
3511	1997, at least 75 percent, on a proctored journeyman Block and
3512	Associates examination or other proctored examination approved
3513	by the board for the trade in which he or she is licensed;
3514	(b)  Has completed an apprenticeship program registered
3515	with the Department of Labor and Employment Security and
3516	demonstrates 4 years' verifiable practical experience in the
3517	trade for which he or she is licensed, or demonstrates 6 years'
3518	verifiable practical experience in the trade for which he or she
3519	is licensed;
3520	(c)  Has satisfactorily completed specialized and advanced
3521	module coursework approved by the Florida Building Commission,
3522	as part of the Building Code Training Program established in s.
3523	553.841, specific to the discipline, and successfully completed
3524	the program's core curriculum courses or passed an equivalency
3525	test in lieu of taking the core curriculum courses and provided
3526	proof of completion of such curriculum courses or examination
3527	and obtained a certificate from the board pursuant to this part
3528	or, pursuant to authorization by the certifying authority,
3529	provides proof of completion of such curriculum or coursework
3530	within 6 months after such certification; and
3531	(d)  Has not had a license suspended or revoked within the
3532	last 5 years.
3533	Section 74.  Subsection (3) of section 489.517, Florida
3534	Statutes, is amended to read:
3535	489.517  Renewal of certificate or registration; continuing
3536	education.--
3537	(3)(a)  Each certificateholder or registrant shall provide
3538	proof, in a form established by rule of the board, that the
3539	certificateholder or registrant has completed at least 14
3540	classroom hours of at least 50 minutes each of continuing
3541	education courses during each biennium since the issuance or
3542	renewal of the certificate or registration. The board shall by
3543	rule establish criteria for the approval of continuing education
3544	courses and providers and may by rule establish criteria for
3545	accepting alternative nonclassroom continuing education on an
3546	hour-for-hour basis.
3547	(b)  Each certificateholder or registrant shall provide to
3548	the board proof of completion of the core curriculum courses or
3549	passing the equivalency test of the Building Code Training
3550	Program established under s. 553.841, specific to the licensing
3551	category sought, within 2 years after commencement of the
3552	program or of initial certification or registration, whichever
3553	is later. Classroom hours spent taking core curriculum courses
3554	shall count toward the number required for renewal of
3555	certificate or registration. A certificateholder or registrant
3556	who passes the equivalency test in lieu of taking the core
3557	curriculum courses shall receive full credit for core curriculum
3558	course hours.
3559	Section 75.  For the purpose of incorporating the amendment
3560	made by this act to section 553.79, Florida Statutes, in a
3561	reference thereto, subsection (1) of section 553.80, Florida
3562	Statutes, is reenacted to read:
3563	553.80  Enforcement.--
3564	(1)  Except as provided in paragraphs (a)-(g), each local
3565	government and each legally constituted enforcement district
3566	with statutory authority shall regulate building construction
3567	and, where authorized in the state agency's enabling
3568	legislation, each state agency shall enforce the Florida
3569	Building Code required by this part on all public or private
3570	buildings, structures, and facilities, unless such
3571	responsibility has been delegated to another unit of government
3572	pursuant to s. 553.79(9).
3573	(a)  Construction regulations relating to correctional
3574	facilities under the jurisdiction of the Department of
3575	Corrections and the Department of Juvenile Justice are to be
3576	enforced exclusively by those departments.
3577	(b)  Construction regulations relating to elevator
3578	equipment under the jurisdiction of the Bureau of Elevators of
3579	the Department of Business and Professional Regulation shall be
3580	enforced exclusively by that department.
3581	(c)  In addition to the requirements of s. 553.79 and this
3582	section, facilities subject to the provisions of chapter 395 and
3583	part II of chapter 400 shall have facility plans reviewed and
3584	construction surveyed by the state agency authorized to do so
3585	under the requirements of chapter 395 and part II of chapter 400
3586	and the certification requirements of the Federal Government.
3587	(d)  Building plans approved under s. 553.77(3) and state-
3588	approved manufactured buildings, including buildings
3589	manufactured and assembled offsite and not intended for
3590	habitation, such as lawn storage buildings and storage sheds,
3591	are exempt from local code enforcing agency plan reviews except
3592	for provisions of the code relating to erection, assembly, or
3593	construction at the site. Erection, assembly, and construction
3594	at the site are subject to local permitting and inspections.
3595	Lawn storage buildings and storage sheds bearing the insignia of
3596	approval of the department are not subject to s. 553.842. Such
3597	buildings that do not exceed 400 square feet may be delivered
3598	and installed without need of a contractor's or specialty
3599	license.
3600	(e)  Construction regulations governing public schools,
3601	state universities, and community colleges shall be enforced as
3602	provided in subsection (6).
3603	(f)  The Florida Building Code as it pertains to toll
3604	collection facilities under the jurisdiction of the turnpike
3605	enterprise of the Department of Transportation shall be enforced
3606	exclusively by the turnpike enterprise.
3607	(g)  Construction regulations relating to secure mental
3608	health treatment facilities under the jurisdiction of the
3609	Department of Children and Family Services shall be enforced
3610	exclusively by the department in conjunction with the Agency for
3611	Health Care Administration's review authority under paragraph
3612	(c).
3613
3614	The governing bodies of local governments may provide a schedule
3615	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
3616	section, for the enforcement of the provisions of this part.
3617	Such fees shall be used solely for carrying out the local
3618	government's responsibilities in enforcing the Florida Building
3619	Code. The authority of state enforcing agencies to set fees for
3620	enforcement shall be derived from authority existing on July 1,
3621	1998. However, nothing contained in this subsection shall
3622	operate to limit such agencies from adjusting their fee schedule
3623	in conformance with existing authority.
3624	Section 76.  Paragraph (b) of subsection (3) of section
3625	633.0215, Florida Statutes, is amended, and subsection (13) is
3626	added to that section, to read:
3627	633.0215  Florida Fire Prevention Code.--
3628	(3)  No later than 180 days before the triennial adoption
3629	of the Florida Fire Prevention Code, the State Fire Marshal
3630	shall notify each municipal, county, and special district fire
3631	department of the triennial code adoption and steps necessary
3632	for local amendments to be included within the code. No later
3633	than 120 days before the triennial adoption of the Florida Fire
3634	Prevention Code, each local jurisdiction shall provide the State
3635	Fire Marshal with copies of its local fire code amendments. The
3636	State Fire Marshal has the option to process local fire code
3637	amendments that are received less than 120 days before the
3638	adoption date of the Florida Fire Prevention Code.
3639	(b)  Any local amendment to the Florida Fire Prevention
3640	Code adopted by a local government shall be effective only until
3641	the adoption of the new edition of the Florida Fire Prevention
3642	Code, which shall be every third year. At such time, the State
3643	Fire Marshal shall adopt such amendment as part of the Florida
3644	Fire Prevention Code or rescind the amendment. The State Fire
3645	Marshal shall immediately notify the respective local government
3646	of the rescission of the amendment and the reason for the
3647	rescission. After receiving such notice, the respective local
3648	government may readopt the rescinded amendment. Incorporation of
3649	local amendments as regional and local concerns and variations
3650	shall be considered as adoption of an amendment pursuant to this
3651	section part.
3652	(13)  The State Fire Marshal shall issue an expedited
3653	declaratory statement relating to interpretations of provisions
3654	of the Florida Fire Prevention Code according to the following
3655	guidelines:
3656	(a)  The declaratory statement shall be rendered in
3657	accordance with s. 120.565 except that a final decision shall be
3658	issued by the State Fire Marshal within 45 days after the
3659	division's receipt of a petition seeking an expedited
3660	declaratory statement. The State Fire Marshal shall give notice
3661	of the petition and the expedited declaratory statement or the
3662	denial of the petition in the next available issue of the
3663	Florida Administrative Weekly after the petition is filed and
3664	after the statement or denial is rendered.
3665	(b)  The petitioner must be the owner of the disputed
3666	project or the owner's representative.
3667	(c)  The petition for expedited declaratory statement must
3668	be:
3669	1.  Related to an active project that is under construction
3670	or must have been submitted for a permit;
3671	2.  The subject of a written notice citing a specific
3672	provision of the Florida Fire Prevention Code which is in
3673	dispute; and
3674	3.  Limited to a single question that is capable of being
3675	answered with a "yes" or "no" response.
3676
3677	A petition for declaratory statement which does not meet all of
3678	the requirements of this subsection must be denied without
3679	prejudice. This subsection does not affect the right of the
3680	petitioner as a substantially affected person to seek a
3681	declaratory statement under s. 633.01(6).
3682	Section 77.  Section 633.026, Florida Statutes, is amended
3683	to read:
3684	633.026  Legislative intent; informal interpretations of
3685	the Florida Fire Prevention Code.--It is the intent of the
3686	Legislature that the Florida Fire Prevention Code be interpreted
3687	by fire officials and local enforcement agencies in a manner
3688	that protects the public safety, health, and welfare by ensuring
3689	uniform interpretations throughout this state and by providing
3690	processes for resolving disputes regarding such interpretations
3691	which are just and expeditious. It is the intent of the
3692	Legislature that such processes provide for the expeditious
3693	resolution of the issues presented and that the resulting
3694	interpretation of such issues be published on the website of the
3695	Division of State Fire Marshal.
3696	(1)  The Division of State Fire Marshal shall by rule
3697	establish an informal process of rendering nonbinding
3698	interpretations of the Florida Fire Prevention Code. The
3699	Division of State Fire Marshal may contract with and refer
3700	interpretive issues to a nonprofit organization that has
3701	experience in interpreting and enforcing the Florida Fire
3702	Prevention Code. The Division of State Fire Marshal shall
3703	immediately implement the process prior to the completion of
3704	formal rulemaking. It is the intent of the Legislature that the
3705	Division of State Fire Marshal establish create a Fire Code
3706	Interpretation Committee composed of seven persons and seven
3707	alternates, equally representing each area of the state process
3708	to refer questions to a small group of individuals certified
3709	under s. 633.081(2), to which a party can pose questions
3710	regarding the interpretation of the Florida Fire Prevention Code
3711	provisions.
3712	(2)  Each member and alternate member of the Fire Code
3713	Interpretation Committee must be certified as a firesafety
3714	inspector pursuant to s. 633.081(2) and must have a minimum of 5
3715	years of experience interpreting and enforcing the Florida Fire
3716	Prevention Code and the Life Safety Code. Each member and
3717	alternate member must be approved by the Division of State Fire
3718	Marshal and deemed by the division to have met these
3719	requirements for at least 30 days before participating in a
3720	review of a nonbinding interpretation It is the intent of the
3721	Legislature that the process provide for the expeditious
3722	resolution of the issues presented and publication of the
3723	resulting interpretation on the website of the Division of State
3724	Fire Marshal. It is the intent of the Legislature that this
3725	program be similar to the program established by the Florida
3726	Building Commission in s. 553.775(3)(g).
3727	(3)  Each nonbinding interpretation of code provisions must
3728	be provided within 10 business days after receipt of a request
3729	for interpretation. The response period established in this
3730	subsection may be waived only with the written consent of the
3731	party requesting the nonbinding interpretation and the Division
3732	of State Fire Marshal. Nonbinding Such interpretations shall be
3733	advisory only and nonbinding on the parties or the State Fire
3734	Marshal.
3735	(4)  In order to administer this section, the Division of
3736	State Fire Marshal must charge department may adopt by rule and
3737	impose a fee for nonbinding interpretations, with payment made
3738	directly to the third party. The fee may not exceed $150 for
3739	each request for a review or interpretation. The division may
3740	authorize payment of fees directly to the nonprofit organization
3741	under contract pursuant to subsection (1).
3742	(5)  A party requesting a nonbinding interpretation who
3743	disagrees with the interpretation issued under this section may
3744	apply for a formal interpretation from the State Fire Marshal
3745	pursuant to s. 633.01(6).
3746	(6)  The Division of State Fire Marshall shall issue or
3747	cause to be issued a nonbinding interpretation of the Florida
3748	Fire Prevention Code pursuant to this section when requested to
3749	do so upon submission of a petition by the owner or the owner's
3750	representative, or the contractor or the contractor's
3751	representative, of a project in dispute, or by a fire official.
3752	The division shall adopt a petition form by rule and the
3753	petition form must be published on the State Fire Marshal's
3754	website. The form shall, at a minimum, require the following:
3755	(a)  The name and address of the local fire official,
3756	including the address of the county, municipal, or special
3757	district.
3758	(b)  The name and address of the owner or the owner's
3759	representative, or the contractor or the contractor's
3760	representative.
3761	(c)  A statement of the specific sections of the Florida
3762	Fire Prevention Code being interpreted by the local fire
3763	official.
3764	(d)  An explanation of how the petitioner's substantial
3765	interests are being affected by the local interpretation of the
3766	Florida Fire Prevention Code.
3767	(e)  A statement of the interpretation of the specific
3768	sections of the Florida Fire Prevention Code by the local fire
3769	official.
3770	(f)  A statement of the interpretation that the petitioner
3771	contends should be given to the specific sections of the Florida
3772	Fire Prevention Code and a statement supporting the petitioner's
3773	interpretation.
3774	(7)  Upon receipt of a petition that meets the requirements
3775	of subsection (6), the Division of State Fire Marshal shall
3776	immediately provide copies of the petition to the Fire Code
3777	Interpretation Committee, and shall publish the petition and any
3778	response submitted by the local fire official on the State Fire
3779	Marshal's website.
3780	(8)  The committee shall conduct proceedings as necessary
3781	to resolve the issues and give due regard to the petition, the
3782	facts of the matter at issue, specific code sections cited, and
3783	any statutory implications affecting the Florida Fire Prevention
3784	Code. The committee shall issue an interpretation regarding the
3785	provisions of the Florida Fire Prevention Code within 10 days
3786	after the filing of a petition. The committee shall issue an
3787	interpretation based upon the Florida Fire Prevention Code or,
3788	if the code is ambiguous, the intent of the code. The
3789	committee's interpretation shall be provided to the petitioner
3790	and shall include a notice that if the petitioner disagrees with
3791	the interpretation, the petitioner may file a request for formal
3792	interpretation by the State Fire Marshal under s. 633.01(6). The
3793	committee's interpretation shall be provided to the State Fire
3794	Marshal, and the division shall publish the interpretation on
3795	the State Fire Marshal's website and in the Florida
3796	Administrative Weekly.
3797	Section 78.  Section 633.081, Florida Statutes, is amended
3798	to read:
3799	633.081  Inspection of buildings and equipment; orders;
3800	firesafety inspection training requirements; certification;
3801	disciplinary action.--The State Fire Marshal and her or his
3802	agents shall, at any reasonable hour, when the State Fire
3803	Marshal department has reasonable cause to believe that a
3804	violation of this chapter or s. 509.215, or a rule promulgated
3805	thereunder, or a minimum firesafety code adopted by a local
3806	authority, may exist, inspect any and all buildings and
3807	structures which are subject to the requirements of this chapter
3808	or s. 509.215 and rules promulgated thereunder. The authority to
3809	inspect shall extend to all equipment, vehicles, and chemicals
3810	which are located within the premises of any such building or
3811	structure.
3812	(1)  Each county, municipality, and special district that
3813	has firesafety enforcement responsibilities shall employ or
3814	contract with a firesafety inspector. The firesafety inspector
3815	must conduct all firesafety inspections that are required by
3816	law. The governing body of a county, municipality, or special
3817	district that has firesafety enforcement responsibilities may
3818	provide a schedule of fees to pay only the costs of inspections
3819	conducted pursuant to this subsection and related administrative
3820	expenses. Two or more counties, municipalities, or special
3821	districts that have firesafety enforcement responsibilities may
3822	jointly employ or contract with a firesafety inspector.
3823	(2)  Every firesafety inspection conducted pursuant to
3824	state or local firesafety requirements shall be by a person
3825	certified as having met the inspection training requirements set
3826	by the State Fire Marshal. Such person shall:
3827	(a)  Be a high school graduate or the equivalent as
3828	determined by the department;
3829	(b)  Not have been found guilty of, or having pleaded
3830	guilty or nolo contendere to, a felony or a crime punishable by
3831	imprisonment of 1 year or more under the law of the United
3832	States, or of any state thereof, which involves moral turpitude,
3833	without regard to whether a judgment of conviction has been
3834	entered by the court having jurisdiction of such cases;
3835	(c)  Have her or his fingerprints on file with the
3836	department or with an agency designated by the department;
3837	(d)  Have good moral character as determined by the
3838	department;
3839	(e)  Be at least 18 years of age;
3840	(f)  Have satisfactorily completed the firesafety inspector
3841	certification examination as prescribed by the department; and
3842	(g)1.  Have satisfactorily completed, as determined by the
3843	department, a firesafety inspector training program of not less
3844	than 200 hours established by the department and administered by
3845	agencies and institutions approved by the department for the
3846	purpose of providing basic certification training for firesafety
3847	inspectors; or
3848	2.  Have received in another state training which is
3849	determined by the department to be at least equivalent to that
3850	required by the department for approved firesafety inspector
3851	education and training programs in this state.
3852	(3)  Each special state firesafety inspection which is
3853	required by law and is conducted by or on behalf of an agency of
3854	the state must be performed by an individual who has met the
3855	provision of subsection (2), except that the duration of the
3856	training program shall not exceed 120 hours of specific training
3857	for the type of property that such special state firesafety
3858	inspectors are assigned to inspect.
3859	(4)  A firefighter certified pursuant to s. 633.35 may
3860	conduct firesafety inspections, under the supervision of a
3861	certified firesafety inspector, while on duty as a member of a
3862	fire department company conducting inservice firesafety
3863	inspections without being certified as a firesafety inspector,
3864	if such firefighter has satisfactorily completed an inservice
3865	fire department company inspector training program of at least
3866	24 hours' duration as provided by rule of the department.
3867	(5)  Every firesafety inspector or special state firesafety
3868	inspector certificate is valid for a period of 3 years from the
3869	date of issuance. Renewal of certification shall be subject to
3870	the affected person's completing proper application for renewal
3871	and meeting all of the requirements for renewal as established
3872	under this chapter or by rule promulgated thereunder, which
3873	shall include completion of at least 40 hours during the
3874	preceding 3-year period of continuing education as required by
3875	the rule of the department or, in lieu thereof, successful
3876	passage of an examination as established by the department.
3877	(6)  The State Fire Marshal may deny, refuse to renew,
3878	suspend, or revoke the certificate of a firesafety inspector or
3879	special state firesafety inspector if it finds that any of the
3880	following grounds exist:
3881	(a)  Any cause for which issuance of a certificate could
3882	have been refused had it then existed and been known to the
3883	State Fire Marshal.
3884	(b)  Violation of this chapter or any rule or order of the
3885	State Fire Marshal.
3886	(c)  Falsification of records relating to the certificate.
3887	(d)  Having been found guilty of or having pleaded guilty
3888	or nolo contendere to a felony, whether or not a judgment of
3889	conviction has been entered.
3890	(e)  Failure to meet any of the renewal requirements.
3891	(f)  Having been convicted of a crime in any jurisdiction
3892	which directly relates to the practice of fire code inspection,
3893	plan review, or administration.
3894	(g)  Making or filing a report or record that the
3895	certificateholder knows to be false, or knowingly inducing
3896	another to file a false report or record, or knowingly failing
3897	to file a report or record required by state or local law, or
3898	knowingly impeding or obstructing such filing, or knowingly
3899	inducing another person to impede or obstruct such filing.
3900	(h)  Failing to properly enforce applicable fire codes or
3901	permit requirements within this state which the
3902	certificateholder knows are applicable by committing willful
3903	misconduct, gross negligence, gross misconduct, repeated
3904	negligence, or negligence resulting in a significant danger to
3905	life or property.
3906	(i)  Accepting labor, services, or materials at no charge
3907	or at a noncompetitive rate from any person who performs work
3908	that is under the enforcement authority of the certificateholder
3909	and who is not an immediate family member of the
3910	certificateholder. For the purpose of this paragraph, the term
3911	"immediate family member" means a spouse, child, parent,
3912	sibling, grandparent, aunt, uncle, or first cousin of the person
3913	or the person's spouse or any person who resides in the primary
3914	residence of the certificateholder.
3915	(7)  The Division of State Fire Marshal and the Florida
3916	Building Code Administrator and Inspectors Board, established
3917	pursuant to s. 468.605, shall enter into a reciprocity agreement
3918	to facilitate joint recognition of continuing education
3919	recertification hours for certificateholders licensed under s.
3920	468.609 and firesafety inspectors certified under subsection
3921	(2).
3922	(8)(7)  The department shall provide by rule for the
3923	certification of firesafety inspectors.
3924	Section 79.  Section 633.352, Florida Statutes, is amended
3925	to read:
3926	633.352  Retention of firefighter certification.--Any
3927	certified firefighter who has not been active as a firefighter,
3928	or as a volunteer firefighter with an organized fire department,
3929	for a period of 3 years shall be required to retake the
3930	practical portion of the minimum standards state examination
3931	specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
3932	Administrative Code, in order to maintain her or his
3933	certification as a firefighter; however, this requirement does
3934	not apply to state-certified firefighters who are certified and
3935	employed as full-time firesafety inspectors or firesafety
3936	instructors, regardless of the firefighter's employment status
3937	as determined by the division. The 3-year period begins on the
3938	date the certificate of compliance is issued or upon termination
3939	of service with an organized fire department.
3940	Section 80.  Paragraph (e) of subsection (2) and
3941	subsections (3), (10), and (11) of section 633.521, Florida
3942	Statutes, are amended to read:
3943	633.521  Certificate application and issuance; permit
3944	issuance; examination and investigation of applicant.--
3945	(2)
3946	(e)  An applicant may not be examined more than four times
3947	during 1 year for certification as a contractor pursuant to this
3948	section unless the person is or has been certified and is taking
3949	the examination to change classifications. If an applicant does
3950	not pass one or more parts of the examination, she or he may
3951	take any part of the examination three more times during the 1-
3952	year period beginning upon the date she or he originally filed
3953	an application to take the examination. If the applicant does
3954	not pass the examination within that 1-year period, she or he
3955	must file a new application and pay the application and
3956	examination fees in order to take the examination or a part of
3957	the examination again. However, the applicant may not file a new
3958	application sooner than 6 months after the date of her or his
3959	last examination. An applicant who passes the examination but
3960	does not meet the remaining qualifications as provided in
3961	applicable statutes and rules within 1 year after the
3962	application date must file a new application, pay the
3963	application and examination fee, successfully complete a
3964	prescribed training course approved by the State Fire College or
3965	an equivalent court approved by the State Fire Marshal, and
3966	retake and pass the written examination.
3967	(3)(a)  As a prerequisite to taking the examination for
3968	certification as a Contractor I, Contractor II, or Contractor
3969	III, the applicant must be at least 18 years of age, be of good
3970	moral character, and shall possess 4 years' proven experience in
3971	the employment of a fire protection system Contractor I,
3972	Contractor II, or Contractor III or a combination of equivalent
3973	education and experience in both water-based and chemical fire
3974	suppression systems.
3975	(b)  As a prerequisite to taking the examination for
3976	certification as a Contractor II, the applicant must be at least
3977	18 years of age, be of good moral character, and have 4 years of
3978	verifiable employment experience with a fire protection system
3979	as a Contractor I or Contractor II, or a combination of
3980	equivalent education and experience in water-based fire
3981	suppression systems.
3982	(c)  Required education and experience for certification as
3983	a Contractor I, Contractor II, Contractor III, or Contractor IV
3984	includes training and experience in both installation and system
3985	layout as defined in s. 633.021.
3986	(d)  As a prerequisite to taking the examination for
3987	certification as a Contractor III, the applicant must be at
3988	least 18 years of age, be of good moral character, and have 4
3989	years of verifiable employment experience with a fire protection
3990	system as a Contractor I or Contractor II, or a combination of
3991	equivalent education and experience in chemical fire suppression
3992	systems.
3993	(e)  As a prerequisite to taking the examination for
3994	certification as a Contractor IV, the applicant must shall be at
3995	least 18 years old, be of good moral character, be licensed as a
3996	certified plumbing contractor under chapter 489, and
3997	successfully complete a training program acceptable to the State
3998	Fire Marshal of not less than 40 contact hours regarding the
3999	applicable installation standard used by the Contractor IV as
4000	described in NFPA 13D. The State Fire Marshal may adopt rules to
4001	administer this subsection have at least 2 years' proven
4002	experience in the employment of a fire protection system
4003	Contractor I, Contractor II, Contractor III, or Contractor IV or
4004	combination of equivalent education and experience which
4005	combination need not include experience in the employment of a
4006	fire protection system contractor.
4007	(f)  As a prerequisite to taking the examination for
4008	certification as a Contractor V, the applicant must shall be at
4009	least 18 years old, be of good moral character, and have been
4010	licensed as a certified underground utility and excavation
4011	contractor or certified plumbing contractor pursuant to chapter
4012	489, have verification by an individual who is licensed as a
4013	certified utility contractor or certified plumbing contractor
4014	pursuant to chapter 489 that the applicant has 4 years' proven
4015	experience in the employ of a certified underground utility and
4016	excavation contractor or certified plumbing contractor, or have
4017	a combination of education and experience equivalent to 4 years'
4018	proven experience in the employ of a certified underground
4019	utility and excavation contractor or certified plumbing
4020	contractor.
4021	(g)  Within 30 days after the date of the examination, the
4022	State Fire Marshal shall inform the applicant in writing whether
4023	she or he has qualified or not and, if the applicant has
4024	qualified, that she or he is ready to issue a certificate of
4025	competency, subject to compliance with the requirements of
4026	subsection (4).
4027	(10)  Effective July 1, 2008, the State Fire Marshal shall
4028	require the National Institute of Certification in Engineering
4029	Technologies (NICET), Sub-field of Inspection and Testing of
4030	Fire Protection Systems Level II or equivalent training and
4031	education as determined by the division as proof that the
4032	permitholders are knowledgeable about nationally accepted
4033	standards for the inspection of fire protection systems. It is
4034	the intent of this act, from July 1, 2005, until July 1, 2008,
4035	to accept continuing education of all certificateholders'
4036	employees who perform inspection functions which specifically
4037	prepares the permitholder to qualify for NICET II certification.
4038	(11)  It is intended that a certificateholder, or a
4039	permitholder who is employed by a certificateholder, conduct
4040	inspections required by this chapter. It is understood that
4041	after July 1, 2008, employee turnover may result in a depletion
4042	of personnel who are certified under the NICET Sub-field of
4043	Inspection and Testing of Fire Protection Systems Level II or
4044	equivalent training and education as required by the Division of
4045	State Fire Marshal which is required for permitholders. The
4046	extensive training and experience necessary to achieve NICET
4047	Level II certification is recognized. A certificateholder may
4048	therefore obtain a provisional permit with an endorsement for
4049	inspection, testing, and maintenance of water-based fire
4050	extinguishing systems for an employee if the employee has
4051	initiated procedures for obtaining Level II certification from
4052	the National Institute for Certification in Engineering
4053	Technologies Sub-field of Inspection and Testing of Fire
4054	Protection Systems and achieved Level I certification or an
4055	equivalent level as determined by the State Fire Marshal through
4056	verification of experience, training, and examination. The State
4057	Fire Marshal may establish rules to administer this subsection.
4058	After 2 years of provisional certification, the employee must
4059	have achieved NICET Level II certification, or obtain equivalent
4060	training and education as determined by the division, or cease
4061	performing inspections requiring Level II certification. The
4062	provisional permit is valid only for the 2 calendar years after
4063	the date of issuance, may not be extended, and is not renewable.
4064	After the initial 2-year provisional permit expires, the
4065	certificateholder must wait 2 additional years before a new
4066	provisional permit may be issued. The intent is to prohibit the
4067	certificateholder from using employees who never reach NICET
4068	Level II, or equivalent training and education as determined by
4069	the division, status by continuously obtaining provisional
4070	permits.
4071	Section 81.  Subsection (3) is added to section 633.524,
4072	Florida Statutes, to read:
4073	633.524  Certificate and permit fees; use and deposit of
4074	collected funds.--
4075	(3)  The State Fire Marshal may enter into a contract with
4076	any qualified public entity or private company in accordance
4077	with chapter 287 to provide examinations for any applicant for
4078	any examination administered under the jurisdiction of the State
4079	Fire Marshal. The State Fire Marshal may direct payments from
4080	each applicant for each examination directly to such contracted
4081	entity or company.
4082	Section 82.  Subsection (4) of section 633.537, Florida
4083	Statutes, is amended to read:
4084	633.537  Certificate; expiration; renewal; inactive
4085	certificate; continuing education.--
4086	(4)  The renewal period for the permit class is the same as
4087	that for the employing certificateholder. The continuing
4088	education requirements for permitholders are what is required to
4089	maintain NICET Sub-field of Inspection and Testing of Fire
4090	Protection Systems Level II, equivalent training and education
4091	as determined by the division, or higher certification plus 8
4092	contact hours of continuing education approved by the State Fire
4093	Marshal during each biennial renewal period thereafter. The
4094	continuing education curriculum from July 1, 2005, until July 1,
4095	2008, shall be the preparatory curriculum for NICET II
4096	certification; after July 1, 2008, the technical curriculum is
4097	at the discretion of the State Fire Marshal and may be used to
4098	meet the maintenance of NICET Level II certification and 8
4099	contact hours of continuing education requirements. It is the
4100	responsibility of the permitholder to maintain NICET II
4101	certification or equivalent training and education as determined
4102	by the division as a condition of permit renewal after July 1,
4103	2008.
4104	Section 83.  Subsection (4) of section 633.72, Florida
4105	Statutes, is amended to read:
4106	633.72  Florida Fire Code Advisory Council.--
4107	(4)  Each appointee shall serve a 4-year term. No member
4108	shall serve more than two consecutive terms one term. No member
4109	of the council shall be paid a salary as such member, but each
4110	shall receive travel and expense reimbursement as provided in s.
4111	112.061.
4112	Section 84.  Section 553.509, Florida Statutes, is amended
4113	to read:
4114	553.509  Vertical accessibility.--
4115	(1)  Nothing in ss. 553.501-553.513 or the guidelines shall
4116	be construed to relieve the owner of any building, structure, or
4117	facility governed by those sections from the duty to provide
4118	vertical accessibility to all levels above and below the
4119	occupiable grade level, regardless of whether the guidelines
4120	require an elevator to be installed in such building, structure,
4121	or facility, except for:
4122	(1)(a)  Elevator pits, elevator penthouses, mechanical
4123	rooms, piping or equipment catwalks, and automobile lubrication
4124	and maintenance pits and platforms;
4125	(2)(b)  Unoccupiable spaces, such as rooms, enclosed
4126	spaces, and storage spaces that are not designed for human
4127	occupancy, for public accommodations, or for work areas; and
4128	(3)(c)  Occupiable spaces and rooms that are not open to
4129	the public and that house no more than five persons, including,
4130	but not limited to, equipment control rooms and projection
4131	booths.
4132	(2)(a)  Any person, firm, or corporation that owns,
4133	manages, or operates a residential multifamily dwelling,
4134	including a condominium, that is at least 75 feet high and
4135	contains a public elevator, as described in s. 399.035(2) and
4136	(3) and rules adopted by the Florida Building Commission, shall
4137	have at least one public elevator that is capable of operating
4138	on an alternate power source for emergency purposes. Alternate
4139	power shall be available for the purpose of allowing all
4140	residents access for a specified number of hours each day over a
4141	5-day period following a natural disaster, manmade disaster,
4142	emergency, or other civil disturbance that disrupts the normal
4143	supply of electricity. The alternate power source that controls
4144	elevator operations must also be capable of powering any
4145	connected fire alarm system in the building.
4146	(b)  At a minimum, the elevator must be appropriately
4147	prewired and prepared to accept an alternate power source and
4148	must have a connection on the line side of the main disconnect,
4149	pursuant to National Electric Code Handbook, Article 700. In
4150	addition to the required power source for the elevator and
4151	connected fire alarm system in the building, the alternate power
4152	supply must be sufficient to provide emergency lighting to the
4153	interior lobbies, hallways, and other portions of the building
4154	used by the public. Residential multifamily dwellings must have
4155	an available generator and fuel source on the property or have
4156	proof of a current contract posted in the elevator machine room
4157	or other place conspicuous to the elevator inspector affirming a
4158	current guaranteed service contract for such equipment and fuel
4159	source to operate the elevator on an on-call basis within 24
4160	hours after a request. By December 31, 2006, any person, firm or
4161	corporation that owns, manages, or operates a residential
4162	multifamily dwelling as defined in paragraph (a) must provide to
4163	the local building inspection agency verification of engineering
4164	plans for residential multifamily dwellings that provide for the
4165	capability to generate power by alternate means. Compliance with
4166	installation requirements and operational capability
4167	requirements must be verified by local building inspectors and
4168	reported to the county emergency management agency by December
4169	31, 2007.
4170	(c)  Each newly constructed residential multifamily
4171	dwelling, including a condominium, that is at least 75 feet high
4172	and contains a public elevator, as described in s. 399.035(2)
4173	and (3) and rules adopted by the Florida Building Commission,
4174	must have at least one public elevator that is capable of
4175	operating on an alternate power source for the purpose of
4176	allowing all residents access for a specified number of hours
4177	each day over a 5-day period following a natural disaster,
4178	manmade disaster, emergency, or other civil disturbance that
4179	disrupts the normal supply of electricity. The alternate power
4180	source that controls elevator operations must be capable of
4181	powering any connected fire alarm system in the building. In
4182	addition to the required power source for the elevator and
4183	connected fire alarm system, the alternate power supply must be
4184	sufficient to provide emergency lighting to the interior
4185	lobbies, hallways, and other portions of the building used by
4186	the public. Engineering plans and verification of operational
4187	capability must be provided by the local building inspector to
4188	the county emergency management agency before occupancy of the
4189	newly constructed building.
4190	(d)  Each person, firm, or corporation that is required to
4191	maintain an alternate power source under this subsection shall
4192	maintain a written emergency operations plan that details the
4193	sequence of operations before, during, and after a natural or
4194	manmade disaster or other emergency situation. The plan must
4195	include, at a minimum, a lifesafety plan for evacuation,
4196	maintenance of the electrical and lighting supply, and
4197	provisions for the health, safety, and welfare of the residents.
4198	In addition, the owner, manager, or operator of the residential
4199	multifamily dwelling must keep written records of any contracts
4200	for alternative power generation equipment. Also, quarterly
4201	inspection records of lifesafety equipment and alternate power
4202	generation equipment must be posted in the elevator machine room
4203	or other place conspicuous to the elevator inspector, which
4204	confirm that such equipment is properly maintained and in good
4205	working condition, and copies of contracts for alternate power
4206	generation equipment shall be maintained on site for
4207	verification. The written emergency operations plan and
4208	inspection records shall also be open for periodic inspection by
4209	local and state government agencies as deemed necessary. The
4210	owner or operator must keep a generator key in a lockbox posted
4211	at or near any installed generator unit.
4212	(e)  Multistory affordable residential dwellings for
4213	persons age 62 and older that are financed or insured by the
4214	United States Department of Housing and Urban Development must
4215	make every effort to obtain grant funding from the Federal
4216	Government or the Florida Housing Finance Corporation to comply
4217	with this subsection. If an owner of such a residential dwelling
4218	cannot comply with the requirements of this subsection, the
4219	owner must develop a plan with the local emergency management
4220	agency to ensure that residents are evacuated to a place of
4221	safety in the event of a power outage resulting from a natural
4222	or manmade disaster or other emergency situation that disrupts
4223	the normal supply of electricity for an extended period of time.
4224	A place of safety may include, but is not limited to, relocation
4225	to an alternative site within the building or evacuation to a
4226	local shelter.
4227	(f)  As a part of the annual elevator inspection required
4228	under s. 399.061, certified elevator inspectors shall confirm
4229	that all installed generators required by this chapter are in
4230	working order, have current inspection records posted in the
4231	elevator machine room or other place conspicuous to the elevator
4232	inspector, and that the required generator key is present in the
4233	lockbox posted at or near the installed generator. If a building
4234	does not have an installed generator, the inspector shall
4235	confirm that the appropriate prewiring and switching
4236	capabilities are present and that a statement is posted in the
4237	elevator machine room or other place conspicuous to the elevator
4238	inspector affirming a current guaranteed contract exists for
4239	contingent services for alternate power is current for the
4240	operating period.
4241
4242	However, buildings, structures, and facilities must, as a
4243	minimum, comply with the requirements in the Americans with
4244	Disabilities Act Accessibility Guidelines.
4245	Section 85.  The Florida Building Commission is directed to
4246	adjust the Florida Building Code for consistency with the
4247	revisions to s. 399.02, Florida Statutes, made by this act.
4248	Section 86.  This act shall take effect July 1, 2009.
4249
4250	-----------------------------------------------------
4251	T I T L E  A M E N D M E N T
4252	Remove the entire title and insert:
4253	A bill to be entitled
4254	An act relating to the relating to the regulation of
4255	businesses and professions; amending s. 20.165, F.S.;
4256	establishing the Division of Service Operations within the
4257	department; amending s. 455.217, F.S.; transferring
4258	certain duties of the Division of Technology relating to
4259	examinations to the Division of Service Operations;
4260	requiring the department to use outside qualified testing
4261	vendors under certain conditions; deleting a requirement
4262	that the appropriate board approve the department's use of
4263	professional testing services; amending s. 509.233, F.S.;
4264	authorizing local governments to establish, by ordinance,
4265	local exemption procedures to allow patrons' dogs within
4266	certain designated outdoor portions of public food service
4267	establishments; deleting provisions for a pilot program
4268	that limits the authority for such local exemption
4269	procedures to a specified time; deleting a provision that
4270	provides for the future review and repeal of such pilot
4271	program; transferring by a type II transfer the Bureau of
4272	Onsite Sewage from the Department of Health to the
4273	Department of Environmental Protection; amending s.
4274	20.165, F.S.; creating the Division of Service Operations
4275	of the department; amending s. 455.217, F.S.; conforming
4276	provisions and transferring to the Division of Service
4277	Operations from the Division of Technology certain
4278	responsibilities related to examinations; revising certain
4279	requirements for the department concerning the use of
4280	outside vendors for the development, preparation, and
4281	evaluation of examinations; repealing s. 509.233(1) and
4282	(7), F.S., relating to a 3-year pilot program for local
4283	governments to allow patrons' dogs within certain
4284	designated outdoor portions of public food service
4285	establishments; abrogating the repeal of the program;
4286	requiring that the Office of Program Policy Analysis and
4287	Government Accountability perform a study and make certain
4288	recommendations to the Legislature by a specified date
4289	regarding the enactment of laws to provide for protection
4290	and remedies from certain online poker activities;
4291	amending s. 509.233, F.S.; providing a short title;
4292	nullifying a provision of another bill which increases the
4293	threshold value of certain equipment for construction
4294	projects below which a contractor working with such
4295	equipment need not be a licensed engineer; extending
4296	certain construction, operating, and building permits and
4297	development orders for a specified period of time;
4298	providing exceptions; specifying retroactive applicability
4299	for such extensions; providing requirements; providing
4300	applicability; amending s. 120.569, F.S.; providing for
4301	specified electronic notice of the procedure to obtain an
4302	administrative hearing or judicial review; amending s.
4303	120.60, F.S.; revising provisions relating to licensing
4304	under the Administrative Procedure Act; providing for
4305	objection to an agency's request for additional
4306	information; requiring an agency to process a permit
4307	application at the request of an applicant under certain
4308	circumstances; amending s. 125.022, F.S.; prohibiting a
4309	county from requiring an applicant to obtain certain
4310	permits or approval as a condition for approval of a
4311	development permit; creating s. 161.032, F.S.; requiring
4312	the Department of Environmental Protection to request
4313	additional information for coastal construction permit
4314	applications within a specified period of time; providing
4315	for the objection to such request by the applicant;
4316	extending the period of time for applicants to provide
4317	additional information to the department; providing for
4318	the denial of an application under certain conditions;
4319	amending s. 163.033, F.S.; prohibiting a municipality from
4320	requiring an applicant to obtain certain permits or
4321	approval as a condition for approval of a development
4322	permit; amending s. 253.034, F.S.; providing for the
4323	deposition of dredged materials on state-owned submerged
4324	lands in certain circumstances and for certain purposes;
4325	amending s. 258.42, F.S.; authorizing the placement of
4326	roofs on specified docks; providing requirements;
4327	providing an exemption from certain calculations; amending
4328	s. 373.026, F.S.; directing the Department of
4329	Environmental Protection to expand the use of Internet-
4330	based self-certification services for certain exemptions
4331	and general permits; directing the department and the
4332	water management districts to identify and develop
4333	professional certification for certain permitted
4334	activities; amending ss. 373.079, 373.083, and 373.118,
4335	F.S.; requiring a water management district's governing
4336	board to delegate to the executive director its authority
4337	to approve certain permits or grant variances or waivers
4338	of permitting requirements; providing that such delegation
4339	is not subject to certain rulemaking requirements;
4340	providing delegation authority to the executive director;
4341	providing delegation authority to the executive director;
4342	prohibiting board members from intervening in application
4343	review prior to referral for final action; amending s.
4344	373.236, F.S.; authorizing water management districts to
4345	issue consumptive use permits to specified entities for
4346	certain uses and for alternative water supply development
4347	projects; providing for compliance reporting and review,
4348	modification, and revocation relating to such permits;
4349	amending s. 373.243, F.S.; limiting the authority of a
4350	governing board or the department to revoke certain
4351	permits for nonuse of resource; amending s. 373.406, F.S.;
4352	providing an exemption from permitting requirements for
4353	construction of specified public use facilities; creating
4354	s. 373.1181, F.S.; providing for issuance of a general
4355	permit to counties to construct, operate, alter, maintain,
4356	or remove systems for the purposes of environmental
4357	restoration; specifying requirements for such permits;
4358	requiring the water management district or the department
4359	to provide counties with certain written notification;
4360	providing that the permit constitutes a letter of consent
4361	by the Board of Trustees of the Internal Improvement Trust
4362	Fund to complete certain activities; amending s. 373.4141,
4363	F.S.; extending the period of time for applicants to
4364	provide additional information for certain permit
4365	applications; providing for the denial of an application
4366	under certain conditions; amending s. 373.441, F.S.;
4367	revising provisions relating to the regulation of
4368	activities subject to delegation to a qualified local
4369	government; amending s. 403.061, F.S.; authorizing the
4370	department to adopt rules that include special criteria
4371	for approval of construction and operation of certain
4372	docking facilities; authorizing the department to maintain
4373	a list of projects or activities for applicants to
4374	consider when developing certain proposals; authorizing
4375	the department to develop a project management plan to
4376	implement an e-permitting program; authorizing the
4377	department to expand online self-certification for certain
4378	exemptions and general permits; prohibiting local
4379	governments from specifying the method or form of
4380	documentation by which a project meets specified
4381	provisions; amending s. 403.813, F.S.; clarifying
4382	provisions relating to permits issued at district centers;
4383	authorizing the use of certain materials and deviations
4384	for the replacement or repair of docks and piers; amending
4385	s. 403.814, F.S.; directing the Department of
4386	Environmental Protection to expand the use of Internet-
4387	based self-certification services for certain exemptions
4388	and general permits; requiring the department to submit a
4389	report to the Legislature by a specified date; amending s.
4390	403.973, F.S.; removing the authority of the Office of
4391	Tourism, Trade, and Economic Development to approve
4392	expedited permitting and comprehensive plan amendments and
4393	providing such authority to the Secretary of Environmental
4394	Protection; revising criteria for businesses submitting
4395	permit applications or local comprehensive plan
4396	amendments; providing that permit applications and local
4397	comprehensive plan amendments for specified biofuel and
4398	renewable energy projects are eligible for the expedited
4399	permitting process; providing for the establishment of
4400	regional permit action teams through the execution of
4401	memoranda of agreement developed by permit applicants and
4402	the secretary; providing for the appeal of a local
4403	government's approval of an expedited permit or
4404	comprehensive plan amendment and requiring such appeals to
4405	be consolidated with challenges to state agency actions;
4406	specifying the form of the memoranda of agreement
4407	developed by the secretary; revising the time by which
4408	certain final orders must be issued; providing additional
4409	requirements for recommended orders; providing for
4410	challenges to state agency action related to expedited
4411	permitting for specified renewable energy projects;
4412	revising provisions relating to the review of sites
4413	proposed for the location of facilities eligible for the
4414	Innovation Incentive Program; specifying expedited review
4415	eligibility for certain electrical power projects;
4416	amending ss. 14.2015, 288.0655, and 380.06, F.S.;
4417	conforming cross-references; amending s. 373.414, F.S.,
4418	providing for satisfaction of certain mitigation
4419	requirements for permits that provide conceptual approval
4420	of the long-term build out or expansion of an airport
4421	located within the Upper Kissimmee Planning Unit under
4422	certain conditions; providing for the duration of such
4423	permits; amending s. 373.185, F.S.; revising the
4424	definition of Florida-friendly landscaping; deleting
4425	references to "xeriscape"; requiring water management
4426	districts to provide model Florida-friendly landscaping
4427	ordinances to local governments; revising eligibility
4428	criteria for certain water management district incentive
4429	programs; requiring certain local government ordinances
4430	and amendments to include certain design standards and
4431	identify specified invasive exotic plant species;
4432	requiring water management districts to consult with
4433	additional entities for activities relating to Florida-
4434	friendly landscaping practices; specifying programs for
4435	the delivery of educational programs relating to such
4436	practices; providing legislative findings; providing that
4437	certain regulations prohibiting the implementation of
4438	Florida-friendly landscaping or conflicting with
4439	provisions governing the permitting of consumptive uses of
4440	water are prohibited; providing construction; creating s.
4441	373.187, F.S.; requiring water management districts to
4442	implement Florida-friendly landscaping practices on
4443	specified properties; requiring districts to develop
4444	specified programs for implementing such practices;
4445	amending s. 373.228, F.S.; requiring water management
4446	districts to consider certain information in evaluating
4447	water use applications from public water suppliers;
4448	conforming provisions to changes made by the act; amending
4449	s. 373.323, F.S.; revising application requirements for
4450	water well contractor licensure; requiring applicants to
4451	provide specified documentation; amending s. 373.333,
4452	F.S.; authorizing an administrative fine to be imposed for
4453	each occurrence of unlicensed well water contracting;
4454	amending ss. 125.568, 166.048, 255.259, 335.167, 380.061,
4455	388.291, 481.303, and 720.3075, F.S.; conforming
4456	provisions to changes made by the act; revising provisions
4457	requiring the use of Florida-friendly landscaping for
4458	specified public properties and highway construction and
4459	maintenance projects; amending s. 369.317, F.S.;
4460	clarifying mitigation offsets in the Wekiva Study Area;
4461	establishing a task force to develop recommendations
4462	relating to stormwater management system design;
4463	specifying study criteria; providing for task force
4464	membership, meetings, and expiration; requiring the task
4465	force to submit findings and legislative recommendations
4466	to the Legislature by a specified date; amending s.
4467	378.901, F.S.; conforming provisions to the redesignation
4468	of the Bureau of Mine Reclamation as the Bureau of Mining
4469	and Mineral Regulation; providing authority to the
4470	Department of Environmental Protection to issue a life-of-
4471	the-mine permit to operators of limerock mines; amending
4472	s. 399.02, F.S.; exempting certain elevators from
4473	provisions requiring modifications to heat sensors and
4474	electronic controls; amending s. 399.15, F.S.; providing
4475	an alternative method to allow regional emergency elevator
4476	access; providing for a uniform lock box; providing for a
4477	master key; providing the Division of State Fire Marshal
4478	with enforcement authority; directing the Department of
4479	Financial Services to select the provider of the uniform
4480	lock box; amending s. 468.8311, F.S.; effective July 1,
4481	2010, revising the term "home inspection services" to
4482	include the visual examination of additional components;
4483	amending s. 468.8312, F.S.; effective July 1, 2010,
4484	providing for fee increases for home inspection licenses;
4485	amending s. 468.8319, F.S.; effective July 1, 2010,
4486	revising certain prohibitions with respect to providers of
4487	home inspection services; amending s. 468.832, F.S.;
4488	effective July 1, 2010, authorizing the Department of
4489	Business and Professional Regulation to impose penalties
4490	against a licensee found guilty of certain violations;
4491	amending s. 468.8324, F.S.; providing additional
4492	requirements for licensure as a home inspector; amending
4493	s. 627.711, F.S., removing a testing requirement;
4494	repealing s. 718.113(6), F.S., relating to requirements
4495	for 5-year inspections of certain condominium
4496	improvements; amending s. 553.37, F.S.; authorizing
4497	manufacturers to pay inspection fees directly to the
4498	provider of inspection services; providing rulemaking
4499	authority to the Department of Community Affairs;
4500	authorizing the department to enter into contracts for the
4501	performance of certain administrative duties; revising
4502	inspection requirements for certain custom manufactured
4503	buildings; amending s. 553.375, F.S.; revising the
4504	requirement for recertification of manufactured buildings
4505	prior to relocation; amending s. 553.73, F.S.; authorizing
4506	the Florida Building Commission to adopt amendments
4507	relating to equivalency of standards; authorizing the
4508	adoption of amendments necessary to accommodate state
4509	agency rules to meet federal requirements for design
4510	criteria relating to public educational facilities and
4511	state-licensed facilities; exempting certain mausoleums
4512	from the requirements of the Florida Building Code;
4513	exempting certain temporary housing provided by the
4514	Department of Corrections from the requirements of the
4515	Florida Building Code; restricting the code or an code
4516	enforcement agency from imposing requirements on certain
4517	air conditioning systems; amending s. 553.76, F.S.;
4518	authorizing the Florida Building Commission to adopt rules
4519	related to consensus-building decisionmaking; amending s.
4520	553.775, F.S.; authorizing the commission to charge a fee
4521	for nonbinding interpretations; amending s. 553.79, F.S.;
4522	requiring state agencies to contract for inspection
4523	services under the alternative plans review and inspection
4524	process or with a local governmental entity; amending s.
4525	553.841, F.S.; deleting provisions requiring that the
4526	Department of Community Affairs maintain, update, develop,
4527	or cause to be developed a core curriculum for persons who
4528	enforce the Florida Building Code; amending s. 553.842,
4529	F.S.; authorizing rules requiring the payment of product
4530	evaluation fees directly to the administrator of the
4531	product evaluation and approval system; requiring that the
4532	provider remit a portion of the fees to the department to
4533	cover its costs; providing requirements for the approval
4534	of applications for state approval of a product; providing
4535	for certain approved products to be immediately added to
4536	the list of state-approved products; requiring that the
4537	commission's oversight committee review approved products;
4538	revising the list of approved evaluation entities;
4539	deleting obsolete provisions governing evaluation
4540	entities; amending s. 553.844, F.S.; providing an
4541	exemption from requirements from roof and opening
4542	protections for certain exposed mechanical equipment or
4543	appliances; providing a sunset provision; amending s.
4544	553.885, F.S.; revising requirements for carbon monoxide
4545	alarms; providing an exception for buildings undergoing
4546	alterations or repairs; defining the term "addition";
4547	amending s. 553.9061, F.S.; revising the energy-efficiency
4548	performance options and elements identified by the
4549	commission for purposes of meeting certain goals; amending
4550	s. 553.912, F.S.; providing requirements for replacement
4551	air conditioners; repealing ss. 468.627(6), 481.215(5),
4552	and 481.313(5), F.S., relating to building code
4553	inspectors, renewal of the license for architects,
4554	interior designers, and landscape architects,
4555	respectively; amending ss. 471.0195, 489.115, 489.1455,
4556	489.517, and 627.711, F.S., conforming provisions relating
4557	to the deletion of core curriculum courses relating to the
4558	Florida Building Code; reenacting s. 553.80(1), F.S.,
4559	relating to the enforcement of the Florida Building Code,
4560	to incorporate the amendments made to s. 553.79, F.S., in
4561	a reference thereto; amending s. 633.0215, F.S.; providing
4562	guidelines for the State Fire Marshal to use in issuing an
4563	expedited declaratory statement; requiring the State Fire
4564	Marshal to issue an expedited declaratory statement under
4565	certain circumstances; providing requirements for a
4566	petition requesting an expedited declaratory statement;
4567	amending s. 633.026, F.S.; providing legislative intent;
4568	providing for the establishment of the Fire Code
4569	Interpretation Committee; providing for the membership of
4570	the committee and requirements for membership; requiring
4571	that nonbinding interpretations of the Florida Fire
4572	Prevention Code be issued within a specified period after
4573	a request is received; providing for the waiver of such
4574	requirement under certain conditions; requiring the
4575	Division of State Fire Marshal to charge a fee for
4576	nonbinding interpretations; providing that fees may be
4577	paid directly to a contract provider; providing
4578	requirements for requesting a nonbinding interpretation;
4579	requiring the Division of State Fire Marshal to develop a
4580	form for submitting a petition for a nonbinding
4581	interpretation; providing for a formal interpretation by
4582	the State Fire Marshal; requiring that an interpretation
4583	of the Florida Fire Prevention Code be published on the
4584	division's website and the Florida Administrative Weekly;
4585	amending s. 633.081, F.S.; requiring the Division of State
4586	Fire Marshal and the Florida Building Code Administrator
4587	and Inspectors Board enter into a reciprocity agreement
4588	for purposes of recertifying building code inspectors,
4589	plan inspectors, building code administrators, and
4590	firesafety inspectors; amending s. 633.352, F.S.;
4591	providing an exception to requirements for recertification
4592	as a firefighter; amending s. 633.521, F.S.; revising
4593	requirements for certification as a fire protection system
4594	contractor; revising the prerequisites for taking the
4595	certification examination; authorizing the State Fire
4596	Marshal to accept more than one source of professional
4597	certification; revising legislative intent; amending s.
4598	633.524, F.S.; authorizing the State Fire Marshal to enter
4599	into contracts for examination services; providing for
4600	direct payment of examination fees to contract providers;
4601	amending s. 633.537, F.S.; revising the continuing
4602	education requirements for certain permitholders; amending
4603	633.72, F.S.; revising the terms of service for members of
4604	the Fire Code Advisory Council; amending s. 553.509, F.S.,
4605	deleting requirements for alternate power sources for
4606	elevators for purposes of operating during an emergency;
4607	directing the Florida Building Commission to conform
4608	provisions of the Florida Building Code with revisions
4609	made by the act relating to the operation of elevators;
4610	providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.