CS/HB 7143

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

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