CS/CS/HB 663

1	A bill to be entitled
2	An act relating to building safety; amending s. 196.031,
3	F.S.; specifying an additional condition that constitutes
4	an abandonment of homestead property for homestead
5	exemption purposes; amending s. 399.02, F.S.; exempting
6	certain elevators from provisions requiring modifications
7	to certain elevator controls; amending s. 399.15, F.S.;
8	providing an alternative method to allow access to
9	regional emergency elevators; providing for a uniform lock
10	box; providing for a master key; providing the Division of
11	State Fire Marshal with enforcement authority; directing
12	the Department of Financial Services to select the
13	provider of the uniform lock box; amending s. 468.8311,
14	F.S.; revising the term "home inspection services";
15	amending s. 468.8312, F.S.; deleting a fee provision for
16	certain certificates of authorization; amending s.
17	468.8313, F.S.; revising examination requirements for
18	licensure as a home inspector; providing application
19	fingerprinting requirements and procedures; providing for
20	applicant responsibility for certain costs; amending s.
21	468.8318, F.S.; revising requirements and procedures for
22	certification of corporations and partnerships offering
23	home inspection services to the public; deleting
24	provisions relating to required certificates of
25	authorization; specifying application and prospective
26	operation of certain provisions; amending s. 468.8319,
27	F.S.; revising certain prohibitions with respect to
28	providers of home inspection services; amending s.
29	468.832, F.S.; providing an additional ground for taking
30	certain disciplinary actions; amending s. 468.8324, F.S.;
31	specifying additional requirements for licensure as a home
32	inspector; creating s. 468.8325, F.S.; requiring the
33	department to adopt rules to administer pt. XV, ch. 468,
34	F.S., relating to home inspectors; amending s. 468.8412,
35	F.S.; deleting a fee provision for certain biennial
36	certificates of authorization renewal; amending s.
37	468.8413, F.S.; revising examination requirements and
38	procedures for licensure as a mold assessor or mold
39	remediator; amending s. 468.8414, F.S.; specifying an
40	additional applicant qualification criterion for licensure
41	by endorsement; amending s. 468.8418, F.S.; revising
42	requirements and procedures for certification of
43	corporations and partnerships offering mold assessment or
44	mold remediation services to the public; deleting
45	provisions relating to required certificates of
46	authorization; amending s. 468.842, F.S.; providing an
47	additional ground for taking certain disciplinary actions;
48	amending s. 468.8421, F.S.; specifying an insurance
49	coverage requirement for mold assessors; amending s.
50	468.8423, F.S.; specifying additional requirements for
51	licensure as a mold assessor or mold remediator; creating
52	s. 468.8424, F.S.; requiring the department to adopt rules
53	to administer pt. XVI, ch. 468, F.S., relating to mold-
54	related services; amending s. 489.103, F.S.; conforming a
55	cross-reference; amending s. 553.37, F.S.; authorizing
56	manufacturers to pay inspection fees directly to the
57	provider of inspection services; providing requirements
58	for department rules regarding the schedule of fees;
59	authorizing the department to enter into contracts for the
60	performance of certain administrative duties; revising
61	inspection requirements for certain custom manufactured
62	buildings; amending s. 553.375, F.S.; revising the
63	requirement for recertification of manufactured buildings
64	prior to relocation; amending s. 553.509, F.S.; deleting
65	certain requirements for alternate power sources for
66	elevators for purposes of operating during an emergency;
67	amending s. 553.512, F.S.; requiring the Florida Building
68	Commission to establish by rule a fee for certain waiver
69	requests; amending s. 553.73, F.S.; conforming cross-
70	references; authorizing counties and municipalities to
71	adopt by ordinance administrative or technical amendments
72	to the Florida Building Code for certain flood-related
73	purposes; specifying requirements and procedures; revising
74	foundation code adoption requirements; authorizing the
75	Florida Building Commission to approve amendments relating
76	to equivalency of standards; exempting certain mausoleums
77	from the requirements of the Florida Building Code;
78	exempting certain temporary housing provided by the
79	Department of Corrections from the requirements of the
80	Florida Building Code; restricting the code, code
81	enforcement agencies, and local governments from imposing
82	requirements on certain mechanical equipment on roofs;
83	amending s. 553.74, F.S.; specifying absence of
84	impermissible conflicts of interest for certain committee
85	or workgroup members while representing clients under
86	certain circumstances; specifying certain prohibited
87	activities for such members; amending s. 553.76, F.S.;
88	authorizing the Florida Building Commission to adopt rules
89	related to consensus-building decisionmaking; amending s.
90	553.775, F.S.; conforming a cross-reference; authorizing
91	the commission to charge a fee for filing certain requests
92	and for nonbinding interpretations; limiting fees for
93	nonbinding interpretations; amending s. 553.79, F.S.;
94	requiring certain inspection services to be performed
95	under the alternative plans review and inspection process
96	or by a local governmental entity; reenacting s.
97	553.80(1), F.S., relating to the enforcement of the
98	Florida Building Code, to incorporate the amendments made
99	to s. 553.79, F.S., in a reference thereto; amending s.
100	553.80, F.S.; specifying nonapplicability of certain
101	exemptions from the Florida Building Code granted by
102	certain enforcement entities under certain circumstances;
103	revising requirements for review of facility plans and
104	construction surveyed for certain hospitals and health
105	care facilities; amending s. 553.841, F.S.; deleting
106	provisions requiring that the Department of Community
107	Affairs maintain, update, develop, or cause to be
108	developed a core curriculum for persons who enforce the
109	Florida Building Code; amending s. 553.842, F.S.;
110	authorizing rules requiring the payment of product
111	evaluation fees directly to the administrator of the
112	product evaluation and approval system; specifying the use
113	of such fees; authorizing the Florida Building Commission
114	to provide by rule for editorial revisions to certain
115	approvals and charge certain fees; providing requirements
116	for the approval of applications for state approval of a
117	product; providing for certain approved products to be
118	immediately added to the list of state-approved products;
119	requiring that the commission's oversight committee review
120	approved products; revising the list of approved
121	evaluation entities; deleting obsolete provisions
122	governing evaluation entities; amending s. 553.844, F.S.;
123	providing an exemption from the requirements regarding
124	roof and opening protections for certain exposed
125	mechanical equipment or appliances; providing for future
126	expiration; amending s. 553.885, F.S.; revising
127	requirements for carbon monoxide alarms; providing an
128	exception for buildings undergoing alterations or repairs;
129	defining the term "addition" as it relates to the
130	requirement of a carbon monoxide alarm; amending s.
131	553.9061, F.S.; revising the energy efficiency performance
132	options and elements identified by the commission for
133	purposes of meeting certain goals; amending s. 553.909,
134	F.S.; revising a compliance criterion for certain swimming
135	pool pumps or water heaters; revising requirements for
136	residential swimming pool pumps and pump motors; amending
137	s. 553.912, F.S.; providing requirements for replacement
138	air-conditioning systems; amending s. 627.711, F.S.;
139	conforming provisions to changes made by the act in which
140	core curriculum courses relating to the Florida Building
141	Code are deleted; revising the list of persons qualified
142	to sign certain mitigation verification forms for certain
143	purposes; amending s. 633.021, F.S.; providing additional
144	definitions for fire equipment dealers; revising the
145	definition of the term "preengineered systems"; amending
146	s. 633.0215, F.S.; providing guidelines for the State Fire
147	Marshal to apply when issuing an expedited declaratory
148	statement; requiring that the State Fire Marshal issue an
149	expedited declaratory statement under certain
150	circumstances; providing requirements for a petition
151	requesting an expedited declaratory statement; exempting
152	certain condominiums from installing manual fire alarm
153	systems; amending s. 633.0245, F.S.; conforming cross-
154	references; amending s. 633.026, F.S.; providing
155	legislative intent; revising authority of the State Fire
156	Marshal to contract with and refer interpretive issues to
157	certain entities; providing for the establishment of the
158	Fire Code Interpretation Committee; providing for the
159	membership of the committee and requirements for
160	membership; requiring that nonbinding interpretations of
161	the Florida Fire Prevention Code be issued within a
162	specified period after a request is received; providing
163	for the waiver of such requirement under certain
164	conditions; requiring that the Division of State Fire
165	Marshal charge a fee for nonbinding interpretations;
166	providing that fees may be paid directly to a contract
167	provider; providing requirements for requesting a
168	nonbinding interpretation; requiring that the Division of
169	State Fire Marshal develop a form for submitting a
170	petition for a nonbinding interpretation; providing for a
171	formal interpretation by the State Fire Marshal; requiring
172	that an interpretation of the Florida Fire Prevention Code
173	be published on the division's website and in the Florida
174	Administrative Weekly; amending s. 626.061, F.S.;
175	authorizing certain fire equipment dealer licensees to
176	maintain inactive license status under certain
177	circumstances; providing requirements; providing for a
178	renewal fee; revising continuing education requirements;
179	revising an applicant licensure qualification requirement;
180	amending s. 633.081, F.S.; requiring that the State Fire
181	Marshal inspect a building when the State Fire Marshal,
182	rather than the Department of Financial Services, has
183	cause to believe a violation has occurred; providing
184	exceptions to requirements that certain firesafety
185	inspections be conducted by firesafety inspectors;
186	requiring that the Division of State Fire Marshal and the
187	Florida Building Code Administrators and Inspectors Board
188	enter into a reciprocity agreement for purposes of
189	recertifying building code inspectors, plan inspectors,
190	building code administrators, and firesafety inspectors;
191	requiring that the State Fire Marshal develop by rule an
192	advanced training and certification program for firesafety
193	inspectors who have fire code management responsibilities;
194	requiring that the program be consistent with certain
195	standards and establish minimum training, education, and
196	experience levels for such firesafety inspectors; amending
197	s. 633.082, F.S.; authorizing alternative inspection
198	procedures for certain fire hydrants; amending s. 633.352,
199	F.S.; providing an exception to requirements for
200	recertification as a firefighter; amending s. 633.521,
201	F.S.; revising requirements for certification as a fire
202	protection system contractor; revising the prerequisites
203	for taking the certification examination; authorizing the
204	State Fire Marshal to accept more than one source of
205	professional certification; revising legislative intent;
206	amending s. 633.524, F.S.; authorizing the State Fire
207	Marshal to enter into contracts for examination services;
208	providing for the direct payment of examination fees to
209	contract providers; amending s. 633.537, F.S.; revising
210	the continuing education requirements for certain
211	permitholders; amending 633.72, F.S.; revising the terms
212	of service for members of the Fire Code Advisory Council;
213	repealing s. 718.113(6), F.S., relating to requirements
214	for 5-year inspections of certain condominium
215	improvements; directing the Florida Building Commission to
216	conform provisions of the Florida Building Code with
217	revisions made by the act relating to the operation of
218	elevators; providing an effective date.
219
220	Be It Enacted by the Legislature of the State of Florida:
221
222	Section 1.  Subsection (6) of section 196.031, Florida
223	Statutes, is amended to read:
224	196.031  Exemption of homesteads.-
225	(6)  When homestead property is damaged or destroyed by
226	misfortune or calamity and the property is uninhabitable on
227	January 1 after the damage or destruction occurs, the homestead
228	exemption may be granted if the property is otherwise qualified
229	and if the property owner notifies the property appraiser that
230	he or she intends to repair or rebuild the property and live in
231	the property as his or her primary residence after the property
232	is repaired or rebuilt and does not claim a homestead exemption
233	on any other property or otherwise violate this section. Failure
234	by the property owner to commence the repair or rebuilding of
235	the homestead property within 3 years after January 1 following
236	the property's damage or destruction constitutes abandonment of
237	the property as a homestead. After the 3-year period, the
238	expiration, lapse, nonrenewal, or revocation of a building
239	permit issued to the property owner for such repairs or
240	rebuilding also constitutes abandonment of the property as
241	homestead.
242	Section 2.  Subsection (6) of section 399.02, Florida
243	Statutes, is amended to read:
244	399.02  General requirements.-
245	(6)  The department is empowered to carry out all of the
246	provisions of this chapter relating to the inspection and
247	regulation of elevators and to enforce the provisions of the
248	Florida Building Code, except that provisions of and any updates
249	to the code requiring modifications for Phase II Firefighters'
250	Services controls on existing elevators, as amended into the
251	Safety Code for Existing Elevators and Escalators, ANSI/ASME
252	A17.1 and A17.3, may not be enforced on elevators issued a
253	certificate of operation by the department before July 1, 2009,
254	until the elevator is replaced. This exception does not apply to
255	any building for which a building permit was issued on or after
256	July 1, 2009.
257	Section 3.  Present subsection (7) of section 399.15,
258	Florida Statutes, is renumbered as subsection (8), and a new
259	subsection (7) is added to that section to read:
260	399.15  Regional emergency elevator access.-
261	(7)  As an alternative to complying with the requirements
262	of subsection (1), each building in this state which is required
263	to meet the provisions of subsections (1) and (2) may instead
264	provide for the installation of a uniform lock box that contains
265	the keys to all elevators in the building allowing public
266	access, including service and freight elevators. The uniform
267	lock box must be keyed to allow all uniform lock boxes in each
268	of the seven state emergency response regions to operate in fire
269	emergency situations using one master key. The master key for
270	the uniform lock shall be issued only to the fire department.
271	The Division of State Fire Marshal of the Department of
272	Financial Services shall enforce this subsection. The Department
273	of Financial Services shall select the provider of the uniform
274	lock box to be installed in each building in which the
275	requirements of this subsection are implemented.
276	Section 4.  Subsection (4) of section 468.8311, Florida
277	Statutes, is amended to read:
278	468.8311  Definitions.-As used in this part, the term:
279	(4)  "Home inspection services" means a limited visual
280	examination of one or more of the following readily accessible
281	installed systems and components of a home: the structure,
282	electrical system, HVAC system, roof covering, plumbing system,
283	interior components, exterior components, and site conditions
284	that affect the structure, for the purposes of providing a
285	written professional opinion of the condition of the home.
286	Section 5.  Subsections (4) through (8) of section
287	468.8312, Florida Statutes, are amended to read:
288	468.8312  Fees.-
289	(4)  The fee for a certificate of authorization shall not
290	exceed $125.
291	(4)(5)  The biennial renewal fee shall not exceed $200.
292	(5)(6)  The fee for licensure by endorsement shall not
293	exceed $200.
294	(6)(7)  The fee for application for inactive status or for
295	reactivation of an inactive license shall not exceed $200.
296	(7)(8)  The fee for applications from providers of
297	continuing education may not exceed $500.
298	Section 6.  Subsections (1) and (2) of section 468.8313,
299	Florida Statutes, are amended, subsection (6) of that section is
300	renumbered as subsection (7) and amended, and a new subsection
301	(6) is added to that section, to read:
302	468.8313  Examinations.-
303	(1)  A person desiring to be licensed as a home inspector
304	shall apply to the department after he or she satisfies the
305	examination requirements of this part to take a licensure
306	examination.
307	(2)  An applicant shall be entitled to take the licensure
308	examination for the purpose of determining whether he or she is
309	qualified to practice in this state as a home inspector if the
310	applicant has passed the required examination, is of good moral
311	character, and has completed a course of study of at least no
312	less than 120 hours that covers all of the following components
313	of a home: structure, electrical system, HVAC system, roof
314	covering, plumbing system, interior components, exterior
315	components, and site conditions that affect the structure.
316	(6)  An applicant for a license shall submit, together with
317	the application, a complete set of electronic fingerprints in a
318	form and manner required by the department. The department shall
319	submit the fingerprints to the Department of Law Enforcement for
320	processing. The Department of Law Enforcement shall forward the
321	fingerprints to the Federal Bureau of Investigation for a level
322	2 background check pursuant to s. 435.04. The department shall
323	review the background results to determine if an applicant meets
324	the requirements for licensure. The applicant is responsible for
325	the cost associated with processing the fingerprints. The
326	authorized agencies or vendors shall collect such fees and pay
327	for the processing costs due to the Department of Law
328	Enforcement.
329	(7)(6)  The department may adopt rules pursuant to ss.
330	120.536(1) and 120.54 to implement the provisions of this
331	section.
332	Section 7.  Section 468.8318, Florida Statutes, is amended
333	to read:
334	468.8318  Certification of corporations and partnerships.-
335	(1)  The department shall issue a certificate of
336	authorization to a corporation or partnership offering home
337	inspection services to the public if the corporation or
338	partnership satisfies all of the requirements of this part.
339	(2)  The practice of or the offer to practice home
340	inspection services by licensees through a corporation or
341	partnership offering home inspection services to the public, or
342	by a corporation or partnership offering such services to the
343	public through licensees under this part as agents, employees,
344	officers, or partners, is permitted subject to the provisions of
345	this part, provided that all personnel of the corporation or
346	partnership who act in its behalf as home inspectors in this
347	state are licensed as provided by this part; and further
348	provided that the corporation or partnership has been issued a
349	certificate of authorization by the department as provided in
350	this section. Nothing in this section shall be construed to
351	allow a corporation to hold a license to practice home
352	inspection services. No corporation or partnership shall be
353	relieved of responsibility for the conduct or acts of its
354	agents, employees, or officers by reason of its compliance with
355	this section, nor shall any individual practicing home
356	inspection services be relieved of responsibility for
357	professional services performed by reason of his or her
358	employment or relationship with a corporation or partnership.
359	(3)  For the purposes of this section, a certificate of
360	authorization shall be required for a corporation, partnership,
361	association, or person practicing under a fictitious name and
362	offering home inspection services to the public; however, when
363	an individual is practicing home inspection services in his or
364	her own given name, he or she shall not be required to register
365	under this section.
366	(4)  Each certificate of authorization shall be renewed
367	every 2 years. Each partnership and corporation certified under
368	this section shall notify the department within 1 month of any
369	change in the information contained in the application upon
370	which the certification is based.
371	(5)  Disciplinary action against a corporation or
372	partnership shall be administered in the same manner and on the
373	same grounds as disciplinary action against a licensed home
374	inspector.
375	Section 8.  Notwithstanding the effective date of July 1,
376	2010, provided by section 4 of chapter 2007-235, Laws of
377	Florida, the provisions of paragraphs (a) and (b) of subsection
378	(1) of section 468.8319, Florida Statutes, shall apply and
379	operate prospectively from July 1, 2011.
380	Section 9.  Paragraphs (f) and (g) of subsection (1) of
381	section 468.8319, Florida Statutes, are amended to read:
382	468.8319  Prohibitions; penalties.-
383	(1)  A home inspector, a company that employs a home
384	inspector, or a company that is controlled by a company that
385	also has a financial interest in a company employing a home
386	inspector may not:
387	(f)  Perform or offer to perform, prior to closing, for any
388	additional fee, any repairs to a home on which the inspector or
389	the inspector's company has prepared a home inspection report.
390	This paragraph does not apply to a home warranty company that is
391	affiliated with or retains a home inspector to perform repairs
392	pursuant to a claim made under a home warranty contract;
393	(g)  Inspect for a fee any property in which the inspector
394	or the inspector's company has any financial or transfer
395	interest;
396	Section 10.  Subsection (1) of section 468.832, Florida
397	Statutes, is amended to read:
398	468.832  Disciplinary proceedings.-
399	(1)  The following acts constitute grounds for which the
400	disciplinary actions in subsection (2) may be taken:
401	(a)  Violation of any provision of this part or s.
402	455.227(1).;
403	(b)  Attempting to procure a license to practice home
404	inspection services by bribery or fraudulent misrepresentation.;
405	(c)  Having a license to practice home inspection services
406	revoked, suspended, or otherwise acted against, including the
407	denial of licensure, by the licensing authority of another
408	state, territory, or country.;
409	(d)  Being convicted or found guilty of, or entering a plea
410	of nolo contendere to, regardless of adjudication, a crime in
411	any jurisdiction that directly relates to the practice of home
412	inspection services or the ability to practice home inspection
413	services.;
414	(e)  Making or filing a report or record that the licensee
415	knows to be false, willfully failing to file a report or record
416	required by state or federal law, willfully impeding or
417	obstructing such filing, or inducing another person to impede or
418	obstruct such filing. Such reports or records shall include only
419	those that are signed in the capacity of a licensed home
420	inspector.;
421	(f)  Advertising goods or services in a manner that is
422	fraudulent, false, deceptive, or misleading in form or content.;
423	(g)  Engaging in fraud or deceit, or negligence,
424	incompetency, or misconduct, in the practice of home inspection
425	services.;
426	(h)  Failing to perform any statutory or legal obligation
427	placed upon a licensed home inspector; violating any provision
428	of this chapter, a rule of the department, or a lawful order of
429	the department previously entered in a disciplinary hearing; or
430	failing to comply with a lawfully issued subpoena of the
431	department.; or
432	(i)  Practicing on a revoked, suspended, inactive, or
433	delinquent license.
434	(j)  Failing to meet any standard of practice adopted by
435	the department.
436	Section 11.  Section 468.8324, Florida Statutes, is amended
437	to read:
438	468.8324  Grandfather clause.-A person who performs home
439	inspection services as defined in this part may qualify to be
440	licensed by the department as a home inspector if the person
441	submits an application to the department postmarked on or before
442	March 1, 2011, that shows the applicant: meets the licensure
443	requirements of this part by July 1, 2010.
444	(1)(a)  Has been certified as a home inspector by a state
445	or national association that required successful completion of a
446	proctored examination on home inspection, as defined in this
447	part, and has completed at least 14 hours of verifiable
448	education on home inspection; or
449	(b)  Has at least 3 years of experience as a home inspector
450	at the time of application and has completed 14 hours of
451	verifiable education on home inspection. Applicants must provide
452	120 home inspection reports based on home inspections, as
453	defined in this part, to establish the required 3 years of
454	experience. The department may conduct investigations regarding
455	the validity of home inspection reports submitted pursuant to
456	this paragraph and may take disciplinary action pursuant to s.
457	468.832 for filing false reports.
458	(2)  Has not, within 5 years after the date of application,
459	had a home inspector license or a license in a related field
460	revoked, suspended, or assessed a fine in excess of $500. For
461	purposes of this part, a license in a related field includes,
462	but is not limited to, licensure in real estate, construction,
463	mold remediation, mold assessment, or building code
464	administration or inspection.
465	(3)  Submits to and is not disqualified by the results of
466	the criminal background check required under s. 468.8313.
467	(4)  Is of good moral character as defined in s. 468.8313.
468	(5)  Has general liability insurance as required in s.
469	468.8322.
470	Section 12.  Section 468.8325, Florida Statutes, is created
471	to read:
472	468.8325  Rulemaking.-The department shall adopt rules to
473	administer this part.
474	Section 13.  Subsections (6) through (10) of section
475	468.8412, Florida Statutes, are amended to read:
476	468.8412  Fees.-
477	(6)  The fee for a biennial certificate of authorization
478	renewal shall not exceed $400.
479	(6)(7)  The fee for licensure by endorsement shall not
480	exceed $200.
481	(7)(8)  The fee for application for inactive status shall
482	not exceed $100.
483	(8)(9)  The fee for reactivation of an inactive license
484	shall not exceed $200.
485	(9)(10)  The fee for applications from providers of
486	continuing education may not exceed $500.
487	Section 14.  Subsections (1) and (2) of section 468.8413,
488	Florida Statutes, are amended to read:
489	468.8413  Examinations.-
490	(1)  A person desiring to be licensed as a mold assessor or
491	mold remediator shall apply to the department after he or she
492	satisfies the examination requirements of this part to take a
493	licensure examination.
494	(2)  An applicant is qualified shall be entitled to take
495	the licensure examination to practice in this state as a mold
496	assessor or mold remediator if the applicant has passed the
497	required examination, is of good moral character, and has
498	satisfied one of the following requirements:
499	(a)1.  For a mold remediator, at least an associate of arts
500	or equivalent a 2-year degree and has completed at least 30
501	semester hours in microbiology, engineering, architecture,
502	industrial hygiene, occupational safety, or a related field of
503	science from an accredited institution and a minimum of 1 year
504	of documented field experience in a field related to mold
505	remediation; or
506	2.  A high school diploma or the equivalent with a minimum
507	of 4 years of documented field experience in a field related to
508	mold remediation.
509	(b)1.  For a mold assessor, at least an associate of arts
510	or equivalent a 2-year degree and has completed at least 30
511	semester hours in microbiology, engineering, architecture,
512	industrial hygiene, occupational safety, or a related field of
513	science from an accredited institution and a minimum of 1 year
514	of documented field experience in conducting microbial sampling
515	or investigations; or
516	2.  A high school diploma or the equivalent with a minimum
517	of 4 years of documented field experience in conducting
518	microbial sampling or investigations.
519	Section 15.  Subsection (3) of section 468.8414, Florida
520	Statutes, is amended to read:
521	468.8414  Licensure.-
522	(3)  The department shall certify as qualified for a
523	license by endorsement an applicant who:
524	(a)  Is of good moral character.
525	(b)  Possesses liability insurance as required in s.
526	468.8421. and:
527	(c)1.(a)  Is qualified to take the examination as set forth
528	in s. 468.8413 and has passed a certification examination
529	offered by a nationally recognized organization that certifies
530	persons in the specialty of mold assessment or mold remediation
531	that has been approved by the department as substantially
532	equivalent to the requirements of this part and s. 455.217; or
533	2.(b)  Holds a valid license to practice mold assessment or
534	mold remediation issued by another state or territory of the
535	United States if the criteria for issuance of the license were
536	substantially the same as the licensure criteria that is
537	established by this part as determined by the department.
538	Section 16.  Section 468.8418, Florida Statutes, is amended
539	to read:
540	468.8418  Certification of partnerships and corporations.-
541	(1)  The department shall issue a certificate of
542	authorization to a corporation or partnership offering mold
543	assessment or mold remediation services to the public if the
544	corporation or partnership satisfies all of the requirements of
545	this part.
546	(2)  The practice of or the offer to practice mold
547	assessment or mold remediation by licensees through a
548	corporation or partnership offering mold assessment or mold
549	remediation to the public, or by a corporation or partnership
550	offering such services to the public through licensees under
551	this part as agents, employees, officers, or partners, is
552	permitted subject to the provisions of this part, provided that
553	the corporation or partnership has been issued a certificate of
554	authorization by the department as provided in this section.
555	Nothing in this section shall be construed to allow a
556	corporation to hold a license to practice mold assessment or
557	mold remediation. No corporation or partnership shall be
558	relieved of responsibility for the conduct or acts of its
559	agents, employees, or officers by reason of its compliance with
560	this section, nor shall any individual practicing mold
561	assessment or mold remediation be relieved of responsibility for
562	professional services performed by reason of his or her
563	employment or relationship with a corporation or partnership.
564	(3)  For the purposes of this section, a certificate of
565	authorization shall be required for a corporation, partnership,
566	association, or person practicing under a fictitious name,
567	offering mold assessment or mold remediation; however, when an
568	individual is practicing mold assessment or mold remediation
569	under his or her own given name, he or she shall not be required
570	to register under this section.
571	(4)  Each certificate of authorization shall be renewed
572	every 2 years. Each partnership and corporation certified under
573	this section shall notify the department within 1 month of any
574	change in the information contained in the application upon
575	which the certification is based.
576	(5)  Disciplinary action against a corporation or
577	partnership shall be administered in the same manner and on the
578	same grounds as disciplinary action against a licensed mold
579	assessor or mold remediator.
580	Section 17.  Subsection (1) of section 468.842, Florida
581	Statutes, is amended to read:
582	468.842  Disciplinary proceedings.-
583	(1)  The following acts constitute grounds for which the
584	disciplinary actions in subsection (2) may be taken:
585	(a)  Violation of any provision of this part or s.
586	455.227(1).;
587	(b)  Attempting to procure a license to practice mold
588	assessment or mold remediation by bribery or fraudulent
589	misrepresentations.;
590	(c)  Having a license to practice mold assessment or mold
591	remediation revoked, suspended, or otherwise acted against,
592	including the denial of licensure, by the licensing authority of
593	another state, territory, or country.;
594	(d)  Being convicted or found guilty of, or entering a plea
595	of nolo contendere to, regardless of adjudication, a crime in
596	any jurisdiction that directly relates to the practice of mold
597	assessment or mold remediation or the ability to practice mold
598	assessment or mold remediation.;
599	(e)  Making or filing a report or record that the licensee
600	knows to be false, willfully failing to file a report or record
601	required by state or federal law, willfully impeding or
602	obstructing such filing, or inducing another person to impede or
603	obstruct such filing. Such reports or records shall include only
604	those that are signed in the capacity of a registered mold
605	assessor or mold remediator.;
606	(f)  Advertising goods or services in a manner that is
607	fraudulent, false, deceptive, or misleading in form or content.;
608	(g)  Engaging in fraud or deceit, or negligence,
609	incompetency, or misconduct, in the practice of mold assessment
610	or mold remediation.;
611	(h)  Failing to perform any statutory or legal obligation
612	placed upon a licensed mold assessor or mold remediator;
613	violating any provision of this chapter, a rule of the
614	department, or a lawful order of the department previously
615	entered in a disciplinary hearing; or failing to comply with a
616	lawfully issued subpoena of the department.; or
617	(i)  Practicing on a revoked, suspended, inactive, or
618	delinquent license.
619	(j)  Failing to meet any standard of practice adopted by
620	department rule.
621	Section 18.  Subsection (1) of section 468.8421, Florida
622	Statutes, is amended to read:
623	468.8421  Insurance.-
624	(1)  A mold assessor shall maintain general liability and
625	errors and omissions insurance coverage in an amount of not less
626	than $1,000,000. The insurance must cover preliminary and
627	postremediation activities.
628	Section 19.  Section 468.8423, Florida Statutes, is amended
629	to read:
630	468.8423  Grandfather clause.-A person who performs mold
631	assessment or mold remediation as defined in this part may
632	qualify to be licensed by the department as a mold assessor or
633	mold remediator if the person submits an application to the
634	department postmarked on or before March 1, 2011, that shows the
635	applicant:
636	(1)(a)  Has been certified as a mold assessor or mold
637	remediator by a state or national association that required
638	successful completion of a proctored examination for
639	certification and has completed at least 60 hours of education
640	for a mold assessor and 30 hours of education for a mold
641	remediator; or
642	(b)  Has at least 3 years of experience as a mold assessor
643	or mold remediator at the time of application. Applicants must
644	provide 40 invoices for mold assessments or mold remediations,
645	as defined by this part, to establish the required 3 years of
646	experience. The department may conduct investigations regarding
647	the validity of invoices for mold assessments or mold
648	remediations submitted pursuant to this section and may take
649	disciplinary action pursuant to s. 468.842 for submitting false
650	information.
651	(2)  Has not, within 5 years after the date of application,
652	had a mold assessor or mold remediator license or a license in a
653	related field revoked, suspended, or assessed a fine in excess
654	of $500. For purposes of this part, a license in a related field
655	includes, but is not limited to, licensure in real estate,
656	construction, home inspection, building code administration or
657	inspection, or indoor air quality.
658	(3)  Is of good moral character as defined in s. 468.8413.
659	(4)  Has the general liability insurance required in s.
660	468.8421 meets the licensure requirements of this part by July
661	1, 2010.
662	Section 20.  Section 468.8424, Florida Statutes, is created
663	to read:
664	468.8424  Rulemaking.-The department shall adopt rules to
665	administer this part.
666	Section 21.  Subsection (22) of section 489.103, Florida
667	Statutes, is amended to read:
668	489.103  Exemptions.-This part does not apply to:
669	(22)  A person licensed pursuant to s. 633.061(1)(d) or
670	(3)(2)(b) performing work authorized by such license.
671	Section 22.  Subsections (2), (8), and (9) of section
672	553.37, Florida Statutes, are amended, and subsection (12) is
673	added to that section, to read:
674	553.37  Rules; inspections; and insignia.-
675	(2)  The department shall adopt rules to address:
676	(a)  Procedures and qualifications for approval of third-
677	party plan review and inspection agencies and of those who
678	perform inspections and plan reviews.
679	(b)  Investigation of consumer complaints of noncompliance
680	of manufactured buildings with the Florida Building Code and the
681	Florida Fire Prevention Code.
682	(c)  Issuance, cancellation, and revocation of any insignia
683	issued by the department and procedures for auditing and
684	accounting for disposition of them.
685	(d)  Monitoring the manufacturers', inspection agencies',
686	and plan review agencies' compliance with this part and the
687	Florida Building Code. Monitoring may include, but is not
688	limited to, performing audits of plans, inspections of
689	manufacturing facilities and observation of the manufacturing
690	and inspection process, and onsite inspections of buildings.
691	(e)  The performance by the department and its designees
692	and contractors of any other functions required by this part.
693	(8)  The department, by rule, shall establish a schedule of
694	fees to pay the cost of the administration and enforcement of
695	this part. The rule may provide for manufacturers to pay fees to
696	the administrator directly via the Building Code Information
697	System.
698	(9)  The department may delegate its enforcement authority
699	to a state department having building construction
700	responsibilities or a local government and may enter into
701	contracts for the performance of its administrative duties under
702	this part. The department may delegate its plan review and
703	inspection authority to one or more of the following in any
704	combination:
705	(a)  A state department having building construction
706	responsibilities;
707	(b)  A local government;
708	(c)  An approved inspection agency;
709	(d)  An approved plan review agency; or
710	(e)  An agency of another state.
711	(12)  Custom or one-of-a-kind prototype manufactured
712	buildings are not required to have state approval, but must be
713	in compliance with all local requirements of the governmental
714	agency having jurisdiction at the installation site.
715	Section 23.  Section 553.375, Florida Statutes, is amended
716	to read:
717	553.375  Recertification of manufactured buildings.-Prior
718	to the relocation to a site that has a higher design wind speed,
719	modification, or change of occupancy of a manufactured building
720	within the state, the manufacturer, dealer, or owner thereof may
721	apply to the department for recertification of that manufactured
722	building. The department shall, by rule, provide what
723	information the applicant must submit for recertification and
724	for plan review and inspection of such manufactured buildings
725	and shall establish fees for recertification. Upon a
726	determination by the department that the manufactured building
727	complies with the applicable building codes, the department
728	shall issue a recertification insignia. A manufactured building
729	that bears recertification insignia does not require any
730	additional approval by an enforcement jurisdiction in which the
731	building is sold or installed, and is considered to comply with
732	all applicable codes. As an alternative to recertification by
733	the department, the manufacturer, dealer, or owner of a
734	manufactured building may seek appropriate permitting and a
735	certificate of occupancy from the local jurisdiction in
736	accordance with procedures generally applicable under the
737	Florida Building Code.
738	Section 24.  Section 553.509, Florida Statutes, is amended
739	to read:
740	553.509  Vertical accessibility.-
741	(1)  Nothing in ss. 553.501-553.513 or the guidelines shall
742	be construed to relieve the owner of any building, structure, or
743	facility governed by those sections from the duty to provide
744	vertical accessibility to all levels above and below the
745	occupiable grade level, regardless of whether the guidelines
746	require an elevator to be installed in such building, structure,
747	or facility, except for:
748	(a)  Elevator pits, elevator penthouses, mechanical rooms,
749	piping or equipment catwalks, and automobile lubrication and
750	maintenance pits and platforms;
751	(b)  Unoccupiable spaces, such as rooms, enclosed spaces,
752	and storage spaces that are not designed for human occupancy,
753	for public accommodations, or for work areas; and
754	(c)  Occupiable spaces and rooms that are not open to the
755	public and that house no more than five persons, including, but
756	not limited to, equipment control rooms and projection booths.
757	(2)(a)  Any person, firm, or corporation that owns,
758	manages, or operates a residential multifamily dwelling,
759	including a condominium, that is at least 75 feet high and
760	contains a public elevator, as described in s. 399.035(2) and
761	(3) and rules adopted by the Florida Building Commission, shall
762	have at least one public elevator that is capable of operating
763	on an alternate power source for emergency purposes. Alternate
764	power shall be available for the purpose of allowing all
765	residents access for a specified number of hours each day over a
766	5-day period following a natural disaster, manmade disaster,
767	emergency, or other civil disturbance that disrupts the normal
768	supply of electricity. The alternate power source that controls
769	elevator operations must also be capable of powering any
770	connected fire alarm system in the building.
771	(b)  At a minimum, the elevator must be appropriately
772	prewired and prepared to accept an alternate power source and
773	must have a connection on the line side of the main disconnect,
774	pursuant to National Electric Code Handbook, Article 700. In
775	addition to the required power source for the elevator and
776	connected fire alarm system in the building, the alternate power
777	supply must be sufficient to provide emergency lighting to the
778	interior lobbies, hallways, and other portions of the building
779	used by the public. Residential multifamily dwellings must have
780	an available generator and fuel source on the property or have
781	proof of a current contract posted in the elevator machine room
782	or other place conspicuous to the elevator inspector affirming a
783	current guaranteed service contract for such equipment and fuel
784	source to operate the elevator on an on-call basis within 24
785	hours after a request. By December 31, 2006, any person, firm or
786	corporation that owns, manages, or operates a residential
787	multifamily dwelling as defined in paragraph (a) must provide to
788	the local building inspection agency verification of engineering
789	plans for residential multifamily dwellings that provide for the
790	capability to generate power by alternate means. Compliance with
791	installation requirements and operational capability
792	requirements must be verified by local building inspectors and
793	reported to the county emergency management agency by December
794	31, 2007.
795	(c)  Each newly constructed residential multifamily
796	dwelling, including a condominium, that is at least 75 feet high
797	and contains a public elevator, as described in s. 399.035(2)
798	and (3) and rules adopted by the Florida Building Commission,
799	must have at least one public elevator that is capable of
800	operating on an alternate power source for the purpose of
801	allowing all residents access for a specified number of hours
802	each day over a 5-day period following a natural disaster,
803	manmade disaster, emergency, or other civil disturbance that
804	disrupts the normal supply of electricity. The alternate power
805	source that controls elevator operations must be capable of
806	powering any connected fire alarm system in the building. In
807	addition to the required power source for the elevator and
808	connected fire alarm system, the alternate power supply must be
809	sufficient to provide emergency lighting to the interior
810	lobbies, hallways, and other portions of the building used by
811	the public. Engineering plans and verification of operational
812	capability must be provided by the local building inspector to
813	the county emergency management agency before occupancy of the
814	newly constructed building.
815	(d)  Each person, firm, or corporation that is required to
816	maintain an alternate power source under this subsection shall
817	maintain a written emergency operations plan that details the
818	sequence of operations before, during, and after a natural or
819	manmade disaster or other emergency situation. The plan must
820	include, at a minimum, a lifesafety plan for evacuation,
821	maintenance of the electrical and lighting supply, and
822	provisions for the health, safety, and welfare of the residents.
823	In addition, the owner, manager, or operator of the residential
824	multifamily dwelling must keep written records of any contracts
825	for alternative power generation equipment. Also, quarterly
826	inspection records of lifesafety equipment and alternate power
827	generation equipment must be posted in the elevator machine room
828	or other place conspicuous to the elevator inspector, which
829	confirm that such equipment is properly maintained and in good
830	working condition, and copies of contracts for alternate power
831	generation equipment shall be maintained on site for
832	verification. The written emergency operations plan and
833	inspection records shall also be open for periodic inspection by
834	local and state government agencies as deemed necessary. The
835	owner or operator must keep a generator key in a lockbox posted
836	at or near any installed generator unit.
837	(e)  Multistory affordable residential dwellings for
838	persons age 62 and older that are financed or insured by the
839	United States Department of Housing and Urban Development must
840	make every effort to obtain grant funding from the Federal
841	Government or the Florida Housing Finance Corporation to comply
842	with this subsection. If an owner of such a residential dwelling
843	cannot comply with the requirements of this subsection, the
844	owner must develop a plan with the local emergency management
845	agency to ensure that residents are evacuated to a place of
846	safety in the event of a power outage resulting from a natural
847	or manmade disaster or other emergency situation that disrupts
848	the normal supply of electricity for an extended period of time.
849	A place of safety may include, but is not limited to, relocation
850	to an alternative site within the building or evacuation to a
851	local shelter.
852	(f)  As a part of the annual elevator inspection required
853	under s. 399.061, certified elevator inspectors shall confirm
854	that all installed generators required by this chapter are in
855	working order, have current inspection records posted in the
856	elevator machine room or other place conspicuous to the elevator
857	inspector, and that the required generator key is present in the
858	lockbox posted at or near the installed generator. If a building
859	does not have an installed generator, the inspector shall
860	confirm that the appropriate prewiring and switching
861	capabilities are present and that a statement is posted in the
862	elevator machine room or other place conspicuous to the elevator
863	inspector affirming a current guaranteed contract exists for
864	contingent services for alternate power is current for the
865	operating period.
866	(2)  However, buildings, structures, and facilities must,
867	at as a minimum, comply with the requirements in the Americans
868	with Disabilities Act Accessibility Guidelines.
869	Section 25.  Subsection (1) of section 553.512, Florida
870	Statutes, is amended to read:
871	553.512  Modifications and waivers; advisory council.-
872	(1)  The Florida Building Commission shall provide by
873	regulation criteria for granting individual modifications of, or
874	exceptions from, the literal requirements of this part upon a
875	determination of unnecessary, unreasonable, or extreme hardship,
876	provided such waivers shall not violate federal accessibility
877	laws and regulations and shall be reviewed by the Accessibility
878	Advisory Council. The commission shall establish by rule a fee
879	to be paid upon submitting a request for a waiver as provided in
880	this section. Notwithstanding any other provision of this
881	subsection, if an applicant for a waiver demonstrates economic
882	hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
883	shall be granted. The commission may not consider waiving any of
884	the requirements of s. 553.5041 unless the applicant first
885	demonstrates that she or he has applied for and been denied
886	waiver or variance from all local government zoning, subdivision
887	regulations, or other ordinances that prevent compliance
888	therewith. Further, the commission may not waive the requirement
889	of s. 553.5041(5)(a) and (c)1. governing the minimum width of
890	accessible routes and minimum width of accessible parking
891	spaces.
892	Section 26.  Subsections (2) and (3) and paragraph (b) of
893	subsection (4) of section 553.73, Florida Statutes, are amended,
894	present subsections (5) through (13) of that section are
895	renumbered as subsections (6) through (14), respectively, a new
896	subsection (5) is added to that section, paragraph (a) of
897	present subsection (6) and present subsections (7) and (9) of
898	that section are amended, and subsections (15) and (16) are
899	added to that section, to read:
900	553.73  Florida Building Code.-
901	(2)  The Florida Building Code shall contain provisions or
902	requirements for public and private buildings, structures, and
903	facilities relative to structural, mechanical, electrical,
904	plumbing, energy, and gas systems, existing buildings,
905	historical buildings, manufactured buildings, elevators, coastal
906	construction, lodging facilities, food sales and food service
907	facilities, health care facilities, including assisted living
908	facilities, adult day care facilities, hospice residential and
909	inpatient facilities and units, and facilities for the control
910	of radiation hazards, public or private educational facilities,
911	swimming pools, and correctional facilities and enforcement of
912	and compliance with such provisions or requirements. Further,
913	the Florida Building Code must provide for uniform
914	implementation of ss. 515.25, 515.27, and 515.29 by including
915	standards and criteria for residential swimming pool barriers,
916	pool covers, latching devices, door and window exit alarms, and
917	other equipment required therein, which are consistent with the
918	intent of s. 515.23. Technical provisions to be contained within
919	the Florida Building Code are restricted to requirements related
920	to the types of materials used and construction methods and
921	standards employed in order to meet criteria specified in the
922	Florida Building Code. Provisions relating to the personnel,
923	supervision or training of personnel, or any other professional
924	qualification requirements relating to contractors or their
925	workforce may not be included within the Florida Building Code,
926	and subsections (4), (5), (6), (7), and (8), and (9) are not to
927	be construed to allow the inclusion of such provisions within
928	the Florida Building Code by amendment. This restriction applies
929	to both initial development and amendment of the Florida
930	Building Code.
931	(3)  The commission shall select from available national or
932	international model building codes, or other available building
933	codes and standards currently recognized by the laws of this
934	state, to form the foundation for the Florida Building Code. The
935	commission may modify the selected model codes and standards as
936	needed to accommodate the specific needs of this state.
937	Standards or criteria referenced by the selected model codes
938	shall be similarly incorporated by reference. If a referenced
939	standard or criterion requires amplification or modification to
940	be appropriate for use in this state, only the amplification or
941	modification shall be specifically set forth in the Florida
942	Building Code. The Florida Building Commission may approve
943	technical amendments to the code, subject to the requirements of
944	subsections (8) (7) and (9) (8), after the amendments have been
945	subject to the following conditions:
946	(a)  The proposed amendment has been published on the
947	commission's website for a minimum of 45 days and all the
948	associated documentation has been made available to any
949	interested party before any consideration by any Technical
950	Advisory Committee;
951	(b)  In order for a Technical Advisory Committee to make a
952	favorable recommendation to the commission, the proposal must
953	receive a three-fourths vote of the members present at the
954	Technical Advisory Committee meeting and at least half of the
955	regular members must be present in order to conduct a meeting;
956	(c)  After Technical Advisory Committee consideration and a
957	recommendation for approval of any proposed amendment, the
958	proposal must be published on the commission's website for not
959	less than 45 days before any consideration by the commission;
960	and
961	(d)  Any proposal may be modified by the commission based
962	on public testimony and evidence from a public hearing held in
963	accordance with chapter 120.
964
965	The commission shall incorporate within sections of the Florida
966	Building Code provisions which address regional and local
967	concerns and variations. The commission shall make every effort
968	to minimize conflicts between the Florida Building Code, the
969	Florida Fire Prevention Code, and the Life Safety Code.
970	(4)
971	(b)  Local governments may, subject to the limitations of
972	this section, adopt amendments to the technical provisions of
973	the Florida Building Code which apply solely within the
974	jurisdiction of such government and which provide for more
975	stringent requirements than those specified in the Florida
976	Building Code, not more than once every 6 months. A local
977	government may adopt technical amendments that address local
978	needs if:
979	1.  The local governing body determines, following a public
980	hearing which has been advertised in a newspaper of general
981	circulation at least 10 days before the hearing, that there is a
982	need to strengthen the requirements of the Florida Building
983	Code. The determination must be based upon a review of local
984	conditions by the local governing body, which review
985	demonstrates by evidence or data that the geographical
986	jurisdiction governed by the local governing body exhibits a
987	local need to strengthen the Florida Building Code beyond the
988	needs or regional variation addressed by the Florida Building
989	Code, that the local need is addressed by the proposed local
990	amendment, and that the amendment is no more stringent than
991	necessary to address the local need.
992	2.  Such additional requirements are not discriminatory
993	against materials, products, or construction techniques of
994	demonstrated capabilities.
995	3.  Such additional requirements may not introduce a new
996	subject not addressed in the Florida Building Code.
997	4.  The enforcing agency shall make readily available, in a
998	usable format, all amendments adopted pursuant to this section.
999	5.  Any amendment to the Florida Building Code shall be
1000	transmitted within 30 days by the adopting local government to
1001	the commission. The commission shall maintain copies of all such
1002	amendments in a format that is usable and obtainable by the
1003	public. Local technical amendments shall not become effective
1004	until 30 days after the amendment has been received and
1005	published by the commission.
1006	6.  Any amendment to the Florida Building Code adopted by a
1007	local government pursuant to this paragraph shall be effective
1008	only until the adoption by the commission of the new edition of
1009	the Florida Building Code every third year. At such time, the
1010	commission shall review such amendment for consistency with the
1011	criteria in paragraph (9)(8)(a) and adopt such amendment as part
1012	of the Florida Building Code or rescind the amendment. The
1013	commission shall immediately notify the respective local
1014	government of the rescission of any amendment. After receiving
1015	such notice, the respective local government may readopt the
1016	rescinded amendment pursuant to the provisions of this
1017	paragraph.
1018	7.  Each county and municipality desiring to make local
1019	technical amendments to the Florida Building Code shall by
1020	interlocal agreement establish a countywide compliance review
1021	board to review any amendment to the Florida Building Code,
1022	adopted by a local government within the county pursuant to this
1023	paragraph, that is challenged by any substantially affected
1024	party for purposes of determining the amendment's compliance
1025	with this paragraph. If challenged, the local technical
1026	amendments shall not become effective until time for filing an
1027	appeal pursuant to subparagraph 8. has expired or, if there is
1028	an appeal, until the commission issues its final order
1029	determining the adopted amendment is in compliance with this
1030	subsection.
1031	8.  If the compliance review board determines such
1032	amendment is not in compliance with this paragraph, the
1033	compliance review board shall notify such local government of
1034	the noncompliance and that the amendment is invalid and
1035	unenforceable until the local government corrects the amendment
1036	to bring it into compliance. The local government may appeal the
1037	decision of the compliance review board to the commission. If
1038	the compliance review board determines such amendment to be in
1039	compliance with this paragraph, any substantially affected party
1040	may appeal such determination to the commission. Any such appeal
1041	shall be filed with the commission within 14 days of the board's
1042	written determination. The commission shall promptly refer the
1043	appeal to the Division of Administrative Hearings for the
1044	assignment of an administrative law judge. The administrative
1045	law judge shall conduct the required hearing within 30 days, and
1046	shall enter a recommended order within 30 days of the conclusion
1047	of such hearing. The commission shall enter a final order within
1048	30 days thereafter. The provisions of chapter 120 and the
1049	uniform rules of procedure shall apply to such proceedings. The
1050	local government adopting the amendment that is subject to
1051	challenge has the burden of proving that the amendment complies
1052	with this paragraph in proceedings before the compliance review
1053	board and the commission, as applicable. Actions of the
1054	commission are subject to judicial review pursuant to s. 120.68.
1055	The compliance review board shall determine whether its
1056	decisions apply to a respective local jurisdiction or apply
1057	countywide.
1058	9.  An amendment adopted under this paragraph shall include
1059	a fiscal impact statement which documents the costs and benefits
1060	of the proposed amendment. Criteria for the fiscal impact
1061	statement shall include the impact to local government relative
1062	to enforcement, the impact to property and building owners, as
1063	well as to industry, relative to the cost of compliance. The
1064	fiscal impact statement may not be used as a basis for
1065	challenging the amendment for compliance.
1066	10.  In addition to subparagraphs 7. and 9., the commission
1067	may review any amendments adopted pursuant to this subsection
1068	and make nonbinding recommendations related to compliance of
1069	such amendments with this subsection.
1070	(5)  Notwithstanding subsection (4), counties and
1071	municipalities may adopt by ordinance an administrative or
1072	technical amendment to the Florida Building Code relating to
1073	flood resistance in order to implement the National Flood
1074	Insurance Program or incentives. Specifically, an administrative
1075	amendment may assign the duty to enforce all or portions of
1076	flood-related code provisions to the appropriate agencies of the
1077	local government and adopt procedures for variances and
1078	exceptions from flood-related code provisions other than
1079	provisions for structures seaward of the coastal construction
1080	control line consistent with the requirements in 44 C.F.R. s.
1081	60.6. A technical amendment is authorized to the extent it is
1082	more stringent than the code. A technical amendment is not
1083	subject to the requirements of subsection (4) and may not be
1084	rendered void when the code is updated if the amendment is
1085	adopted for the purpose of participating in the Community Rating
1086	System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
1087	had already been adopted by local ordinance prior to the
1088	effective date of this subsection, or the amendment requires a
1089	design flood elevation above the base flood elevation. Any
1090	amendment adopted pursuant to this subsection shall be
1091	transmitted to the commission within 30 days after being
1092	adopted.
1093	(7)(6)(a)  The commission, by rule adopted pursuant to ss.
1094	120.536(1) and 120.54, shall update the Florida Building Code
1095	every 3 years. When updating the Florida Building Code, the
1096	commission shall select the most current version of the
1097	International Building Code, the International Fuel Gas Code,
1098	the International Mechanical Code, the International Plumbing
1099	Code, and the International Residential Code, all of which are
1100	adopted by the International Code Council, and the National
1101	Electrical Code, which is adopted by the National Fire
1102	Protection Association, to form the foundation codes of the
1103	updated Florida Building Code, if the version has been adopted
1104	by the applicable model code entity and made available to the
1105	public at least 6 months prior to its selection by the
1106	commission. The commission shall select the most current version
1107	of the International Energy Conservation Code (IECC) as a
1108	foundation code; however, the IECC shall be modified by the
1109	commission to maintain the efficiencies of the Florida Energy
1110	Efficiency Code for Building Construction adopted and amended
1111	pursuant to s. 553.901.
1112	(8)(7)  Notwithstanding the provisions of subsection (3) or
1113	subsection (7) (6), the commission may address issues identified
1114	in this subsection by amending the code pursuant only to the
1115	rule adoption procedures contained in chapter 120. Provisions of
1116	the Florida Building Code, including those contained in
1117	referenced standards and criteria, relating to wind resistance
1118	or the prevention of water intrusion may not be amended pursuant
1119	to this subsection to diminish those construction requirements;
1120	however, the commission may, subject to conditions in this
1121	subsection, amend the provisions to enhance those construction
1122	requirements. Following the approval of any amendments to the
1123	Florida Building Code by the commission and publication of the
1124	amendments on the commission's website, authorities having
1125	jurisdiction to enforce the Florida Building Code may enforce
1126	the amendments. The commission may approve amendments that are
1127	needed to address:
1128	(a)  Conflicts within the updated code;
1129	(b)  Conflicts between the updated code and the Florida
1130	Fire Prevention Code adopted pursuant to chapter 633;
1131	(c)  The omission of previously adopted Florida-specific
1132	amendments to the updated code if such omission is not supported
1133	by a specific recommendation of a technical advisory committee
1134	or particular action by the commission;
1135	(d)  Unintended results from the integration of previously
1136	adopted Florida-specific amendments with the model code;
1137	(e)  Equivalency of standards;
1138	(f)(e)  Changes to or inconsistencies with federal or state
1139	law; or
1140	(g)(f)  Adoption of an updated edition of the National
1141	Electrical Code if the commission finds that delay of
1142	implementing the updated edition causes undue hardship to
1143	stakeholders or otherwise threatens the public health, safety,
1144	and welfare.
1145	(10)(9)  The following buildings, structures, and
1146	facilities are exempt from the Florida Building Code as provided
1147	by law, and any further exemptions shall be as determined by the
1148	Legislature and provided by law:
1149	(a)  Buildings and structures specifically regulated and
1150	preempted by the Federal Government.
1151	(b)  Railroads and ancillary facilities associated with the
1152	railroad.
1153	(c)  Nonresidential farm buildings on farms.
1154	(d)  Temporary buildings or sheds used exclusively for
1155	construction purposes.
1156	(e)  Mobile or modular structures used as temporary
1157	offices, except that the provisions of part II relating to
1158	accessibility by persons with disabilities shall apply to such
1159	mobile or modular structures.
1160	(f)  Those structures or facilities of electric utilities,
1161	as defined in s. 366.02, which are directly involved in the
1162	generation, transmission, or distribution of electricity.
1163	(g)  Temporary sets, assemblies, or structures used in
1164	commercial motion picture or television production, or any
1165	sound-recording equipment used in such production, on or off the
1166	premises.
1167	(h)  Storage sheds that are not designed for human
1168	habitation and that have a floor area of 720 square feet or less
1169	are not required to comply with the mandatory wind-borne-debris-
1170	impact standards of the Florida Building Code.
1171	(i)  Chickees constructed by the Miccosukee Tribe of
1172	Indians of Florida or the Seminole Tribe of Florida. As used in
1173	this paragraph, the term "chickee" means an open-sided wooden
1174	hut that has a thatched roof of palm or palmetto or other
1175	traditional materials, and that does not incorporate any
1176	electrical, plumbing, or other nonwood features.
1177	(j)  Family mausoleums not exceeding 250 square feet in
1178	area which are prefabricated and assembled on site or
1179	preassembled and delivered on site and have walls, roofs, and a
1180	floor constructed of granite, marble, or reinforced concrete.
1181
1182	With the exception of paragraphs (a), (b), (c), and (f), in
1183	order to preserve the health, safety, and welfare of the public,
1184	the Florida Building Commission may, by rule adopted pursuant to
1185	chapter 120, provide for exceptions to the broad categories of
1186	buildings exempted in this section, including exceptions for
1187	application of specific sections of the code or standards
1188	adopted therein. The Department of Agriculture and Consumer
1189	Services shall have exclusive authority to adopt by rule,
1190	pursuant to chapter 120, exceptions to nonresidential farm
1191	buildings exempted in paragraph (c) when reasonably necessary to
1192	preserve public health, safety, and welfare. The exceptions must
1193	be based upon specific criteria, such as under-roof floor area,
1194	aggregate electrical service capacity, HVAC system capacity, or
1195	other building requirements. Further, the commission may
1196	recommend to the Legislature additional categories of buildings,
1197	structures, or facilities which should be exempted from the
1198	Florida Building Code, to be provided by law. The Florida
1199	Building Code does not apply to temporary housing provided by
1200	the Department of Corrections to any prisoner in the state
1201	correctional system.
1202	(15)  An agency or local government may not require that
1203	existing mechanical equipment on the surface of a roof be
1204	installed in compliance with the requirements of the Florida
1205	Building Code, and a requirement in the code relating to such
1206	equipment may not be enforced, until such equipment must be
1207	removed or is otherwise replaced.
1208	Section 27.  Subsection (5) is added to section 553.74,
1209	Florida Statutes, to read:
1210	553.74  Florida Building Commission.-
1211	(5)  Notwithstanding s. 112.313 or any other provision of
1212	law, a member of any of commission's technical advisory
1213	committees or a member of any other advisory committee or
1214	workgroup of the commission, shall not be considered to have an
1215	impermissible conflict of interest when representing clients
1216	before the commission or one of its committees or workgroups.
1217	However, the member, in his or her capacity as member of the
1218	committee or workgroup, may not take part in any discussion on
1219	or take action on any matter in which he or she has a direct
1220	financial interest.
1221	Section 28.  Subsection (2) of section 553.76, Florida
1222	Statutes, is amended to read:
1223	553.76  General powers of the commission.-The commission is
1224	authorized to:
1225	(2)  Issue memoranda of procedure for its internal
1226	management and control. The commission may adopt rules related
1227	to its consensus-based decisionmaking process, including, but
1228	not limited to, super majority voting requirements for
1229	commission actions relating to the adoption of the Florida
1230	Building Code or amendments to the code.
1231	Section 29.  Subsections (2) and (4) of section 553.775,
1232	Florida Statutes, are amended to read:
1233	553.775  Interpretations.-
1234	(2)  Local enforcement agencies, local building officials,
1235	state agencies, and the commission shall interpret provisions of
1236	the Florida Building Code in a manner that is consistent with
1237	declaratory statements and interpretations entered by the
1238	commission, except that conflicts between the Florida Fire
1239	Prevention Code and the Florida Building Code shall be resolved
1240	in accordance with s. 553.73(11)(10)(c) and (d).
1241	(4)  In order to administer this section, the commission
1242	may adopt by rule and impose a fee for filing requests for
1243	declaratory statements and binding and nonbinding
1244	interpretations to recoup the cost of the proceedings which may
1245	not exceed $125 for each request for a nonbinding interpretation
1246	and $250 for each request for a binding review or
1247	interpretation. For proceedings conducted by or in coordination
1248	with a third-party, the rule may provide that payment be made
1249	directly to the third party, who shall remit to the department
1250	that portion of the fee necessary to cover the costs of the
1251	department.
1252	Section 30.  Subsection (9) of section 553.79, Florida
1253	Statutes, is amended to read:
1254	553.79  Permits; applications; issuance; inspections.-
1255	(9)  Any state agency whose enabling legislation authorizes
1256	it to enforce provisions of the Florida Building Code may enter
1257	into an agreement with any other unit of government to delegate
1258	its responsibility to enforce those provisions and may expend
1259	public funds for permit and inspection fees, which fees may be
1260	no greater than the fees charged others. Inspection services
1261	that are not required to be performed by a state agency under a
1262	federal delegation of responsibility or by a state agency under
1263	the Florida Building Code must be performed under the
1264	alternative plans review and inspection process created in s.
1265	553.791 or by a local governmental entity having authority to
1266	enforce the Florida Building Code.
1267	Section 31.  For the purpose of incorporating the amendment
1268	made by this act to section 553.79, Florida Statutes, in a
1269	reference thereto, subsection (1) of section 553.80, Florida
1270	Statutes, is reenacted, and subsection (3) of that section is
1271	amended, to read:
1272	553.80  Enforcement.-
1273	(1)  Except as provided in paragraphs (a)-(g), each local
1274	government and each legally constituted enforcement district
1275	with statutory authority shall regulate building construction
1276	and, where authorized in the state agency's enabling
1277	legislation, each state agency shall enforce the Florida
1278	Building Code required by this part on all public or private
1279	buildings, structures, and facilities, unless such
1280	responsibility has been delegated to another unit of government
1281	pursuant to s. 553.79(9).
1282	(a)  Construction regulations relating to correctional
1283	facilities under the jurisdiction of the Department of
1284	Corrections and the Department of Juvenile Justice are to be
1285	enforced exclusively by those departments.
1286	(b)  Construction regulations relating to elevator
1287	equipment under the jurisdiction of the Bureau of Elevators of
1288	the Department of Business and Professional Regulation shall be
1289	enforced exclusively by that department.
1290	(c)  In addition to the requirements of s. 553.79 and this
1291	section, facilities subject to the provisions of chapter 395 and
1292	parts part II and VIII of chapter 400 shall have facility plans
1293	reviewed and construction surveyed by the state agency
1294	authorized to do so under the requirements of chapter 395 and
1295	parts part II and VIII of chapter 400 and the certification
1296	requirements of the Federal Government. Facilities subject to
1297	the provisions of part IV of chapter 400 may have facility plans
1298	reviewed and shall have construction surveyed by the state
1299	agency authorized to do so under the requirements of part IV of
1300	chapter 400 and the certification requirements of the Federal
1301	Government.
1302	(d)  Building plans approved under s. 553.77(3) and state-
1303	approved manufactured buildings, including buildings
1304	manufactured and assembled offsite and not intended for
1305	habitation, such as lawn storage buildings and storage sheds,
1306	are exempt from local code enforcing agency plan reviews except
1307	for provisions of the code relating to erection, assembly, or
1308	construction at the site. Erection, assembly, and construction
1309	at the site are subject to local permitting and inspections.
1310	Lawn storage buildings and storage sheds bearing the insignia of
1311	approval of the department are not subject to s. 553.842. Such
1312	buildings that do not exceed 400 square feet may be delivered
1313	and installed without need of a contractor's or specialty
1314	license.
1315	(e)  Construction regulations governing public schools,
1316	state universities, and community colleges shall be enforced as
1317	provided in subsection (6).
1318	(f)  The Florida Building Code as it pertains to toll
1319	collection facilities under the jurisdiction of the turnpike
1320	enterprise of the Department of Transportation shall be enforced
1321	exclusively by the turnpike enterprise.
1322	(g)  Construction regulations relating to secure mental
1323	health treatment facilities under the jurisdiction of the
1324	Department of Children and Family Services shall be enforced
1325	exclusively by the department in conjunction with the Agency for
1326	Health Care Administration's review authority under paragraph
1327	(c).
1328
1329	The governing bodies of local governments may provide a schedule
1330	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1331	section, for the enforcement of the provisions of this part.
1332	Such fees shall be used solely for carrying out the local
1333	government's responsibilities in enforcing the Florida Building
1334	Code. The authority of state enforcing agencies to set fees for
1335	enforcement shall be derived from authority existing on July 1,
1336	1998. However, nothing contained in this subsection shall
1337	operate to limit such agencies from adjusting their fee schedule
1338	in conformance with existing authority.
1339	(3)(a)  Each enforcement district shall be governed by a
1340	board, the composition of which shall be determined by the
1341	affected localities.
1342	(b)1.  At its own option, each enforcement district or
1343	local enforcement agency may adopt promulgate rules granting to
1344	the owner of a single-family residence one or more exemptions
1345	from the Florida Building Code relating to:
1346	a.(a)  Addition, alteration, or repairs performed by the
1347	property owner upon his or her own property, provided any
1348	addition or alteration shall not exceed 1,000 square feet or the
1349	square footage of the primary structure, whichever is less.
1350	b.(b)  Addition, alteration, or repairs by a nonowner
1351	within a specific cost limitation set by rule, provided the
1352	total cost shall not exceed $5,000 within any 12-month period.
1353	c.(c)  Building and inspection fees.
1354	2.  However, the exemptions under subparagraph 1. do not
1355	apply to single-family residences that are located in mapped
1356	flood hazard areas, as defined in the code, unless the
1357	enforcement district or local enforcement agency has determined
1358	that the work, which is otherwise exempt, does not constitute a
1359	substantial improvement, including the repair of substantial
1360	damage, of such single-family residences.
1361	3.  Each code exemption, as defined in sub-subparagraphs
1362	1.a, b., and c. paragraphs (a), (b), and (c), shall be certified
1363	to the local board 10 days prior to implementation and shall
1364	only be effective in the territorial jurisdiction of the
1365	enforcement district or local enforcement agency implementing
1366	it.
1367	Section 32.  Subsections (4) through (8) of section
1368	553.841, Florida Statutes, are amended to read:
1369	553.841  Building code compliance and mitigation program.-
1370	(4)  The department, In administering the Florida Building
1371	Code Compliance and Mitigation Program, the department shall
1372	maintain, update, develop, or cause to be developed:
1373	(a)  A core curriculum that is prerequisite to the advanced
1374	module coursework.
1375	(b)  advanced modules designed for use by each profession.
1376	(c)  The core curriculum developed under this subsection
1377	must be submitted to the Department of Business and Professional
1378	Regulation for approval. Advanced modules developed under this
1379	paragraph must be approved by the commission and submitted to
1380	the respective boards for approval.
1381	(5)  The core curriculum shall cover the information
1382	required to have all categories of participants appropriately
1383	informed as to their technical and administrative
1384	responsibilities in the effective execution of the code process
1385	by all individuals currently licensed under part XII of chapter
1386	468, chapter 471, chapter 481, or chapter 489, except as
1387	otherwise provided in s. 471.017. The core curriculum shall be
1388	prerequisite to the advanced module coursework for all licensees
1389	and shall be completed by individuals licensed in all categories
1390	under part XII of chapter 468, chapter 471, chapter 481, or
1391	chapter 489 within the first 2-year period after initial
1392	licensure. Core course hours taken by licensees to complete this
1393	requirement shall count toward fulfillment of required
1394	continuing education units under part XII of chapter 468,
1395	chapter 471, chapter 481, or chapter 489.
1396	(5)(6)  Each biennium, upon receipt of funds by the
1397	Department of Community Affairs from the Construction Industry
1398	Licensing Board and the Electrical Contractors' Licensing Board
1399	provided under ss. 489.109(3) and 489.509(3), the department
1400	shall determine the amount of funds available for the Florida
1401	Building Code Compliance and Mitigation Program.
1402	(6)(7)  If the projects provided through the Florida
1403	Building Code Compliance and Mitigation Program in any state
1404	fiscal year do not require the use of all available funds, the
1405	unused funds shall be carried forward and allocated for use
1406	during the following fiscal year.
1407	(7)(8)  The Florida Building Commission shall provide by
1408	rule for the accreditation of courses related to the Florida
1409	Building Code by accreditors approved by the commission. The
1410	commission shall establish qualifications of accreditors and
1411	criteria for the accreditation of courses by rule. The
1412	commission may revoke the accreditation of a course by an
1413	accreditor if the accreditation is demonstrated to violate this
1414	part or the rules of the commission.
1415	(8)(9)  This section does not prohibit or limit the subject
1416	areas or development of continuing education or training on the
1417	Florida Building Code by any qualified entity.
1418	Section 33.  Subsections (1), (5), (8), and (17) of section
1419	553.842, Florida Statutes, are amended to read:
1420	553.842  Product evaluation and approval.-
1421	(1)  The commission shall adopt rules under ss. 120.536(1)
1422	and 120.54 to develop and implement a product evaluation and
1423	approval system that applies statewide to operate in
1424	coordination with the Florida Building Code. The commission may
1425	enter into contracts to provide for administration of the
1426	product evaluation and approval system. The commission's rules
1427	and any applicable contract may provide that the payment of fees
1428	related to approvals be made directly to the administrator. Any
1429	fee paid by a product manufacturer shall be used only for
1430	funding the product evaluation and approval system. The product
1431	evaluation and approval system shall provide:
1432	(a)  Appropriate promotion of innovation and new
1433	technologies.
1434	(b)  Processing submittals of products from manufacturers
1435	in a timely manner.
1436	(c)  Independent, third-party qualified and accredited
1437	testing and laboratory facilities, product evaluation entities,
1438	quality assurance agencies, certification agencies, and
1439	validation entities.
1440	(d)  An easily accessible product acceptance list to
1441	entities subject to the Florida Building Code.
1442	(e)  Development of stringent but reasonable testing
1443	criteria based upon existing consensus standards, when
1444	available, for products.
1445	(f)  Long-term approvals, where feasible. State and local
1446	approvals will be valid until the requirements of the code on
1447	which the approval is based change, the product changes in a
1448	manner affecting its performance as required by the code, or the
1449	approval is revoked. However, the commission may authorize by
1450	rule editorial revisions to approvals and charge a fee as
1451	provided in this section.
1452	(g)  Criteria for revocation of a product approval.
1453	(h)  Cost-effectiveness.
1454	(5)  Statewide approval of products, methods, or systems of
1455	construction may be achieved by one of the following methods.
1456	One of these methods must be used by the commission to approve
1457	the following categories of products: panel walls, exterior
1458	doors, roofing, skylights, windows, shutters, and structural
1459	components as established by the commission by rule.
1460	(a)  Products for which the code establishes standardized
1461	testing or comparative or rational analysis methods shall be
1462	approved by submittal and validation of one of the following
1463	reports or listings indicating that the product or method or
1464	system of construction was evaluated to be in compliance with
1465	the Florida Building Code and that the product or method or
1466	system of construction is, for the purpose intended, at least
1467	equivalent to that required by the Florida Building Code:
1468	1.  A certification mark or listing of an approved
1469	certification agency, which may be used only for products for
1470	which the code designates standardized testing;
1471	2.  A test report from an approved testing laboratory;
1472	3.  A product evaluation report based upon testing or
1473	comparative or rational analysis, or a combination thereof, from
1474	an approved product evaluation entity; or
1475	4.  A product evaluation report based upon testing or
1476	comparative or rational analysis, or a combination thereof,
1477	developed and signed and sealed by a professional engineer or
1478	architect, licensed in this state.
1479
1480	A product evaluation report or a certification mark or listing
1481	of an approved certification agency which demonstrates that the
1482	product or method or system of construction complies with the
1483	Florida Building Code for the purpose intended shall be
1484	equivalent to a test report and test procedure as referenced in
1485	the Florida Building Code. An application for state approval of
1486	a product under subparagraph 1. must be approved by the
1487	department after the commission staff or a designee verifies
1488	that the application and related documentation are complete.
1489	This verification must be completed within 10 business days
1490	after receipt of the application. Upon approval by the
1491	department, the product shall be immediately added to the list
1492	of state-approved products maintained under subsection (13).
1493	Approvals by the department shall be reviewed and ratified by
1494	the commission's program oversight committee except for a
1495	showing of good cause that a review by the full commission is
1496	necessary. The commission shall adopt rules relating to means to
1497	cure deficiencies identified within submittals for approval of
1498	products under this paragraph.
1499	(b)  Products, methods, or systems of construction for
1500	which there are no specific standardized testing or comparative
1501	or rational analysis methods established in the code may be
1502	approved by submittal and validation of one of the following:
1503	1.  A product evaluation report based upon testing or
1504	comparative or rational analysis, or a combination thereof, from
1505	an approved product evaluation entity indicating that the
1506	product or method or system of construction was evaluated to be
1507	in compliance with the intent of the Florida Building Code and
1508	that the product or method or system of construction is, for the
1509	purpose intended, at least equivalent to that required by the
1510	Florida Building Code; or
1511	2.  A product evaluation report based upon testing or
1512	comparative or rational analysis, or a combination thereof,
1513	developed and signed and sealed by a professional engineer or
1514	architect, licensed in this state, who certifies that the
1515	product or method or system of construction is, for the purpose
1516	intended, at least equivalent to that required by the Florida
1517	Building Code.
1518	(8)  The commission may adopt rules to approve the
1519	following types of entities that produce information on which
1520	product approvals are based. All of the following entities,
1521	including engineers and architects, must comply with a
1522	nationally recognized standard demonstrating independence or no
1523	conflict of interest:
1524	(a)  Evaluation entities that meet the criteria for
1525	approval adopted by the commission by rule. The commission shall
1526	specifically approve the National Evaluation Service, the
1527	International Association of Plumbing and Mechanical Officials
1528	Evaluation Service the International Conference of Building
1529	Officials Evaluation Services, the International Code Council
1530	Evaluation Services, the Building Officials and Code
1531	Administrators International Evaluation Services, the Southern
1532	Building Code Congress International Evaluation Services, and
1533	the Miami-Dade County Building Code Compliance Office Product
1534	Control. Architects and engineers licensed in this state are
1535	also approved to conduct product evaluations as provided in
1536	subsection (5).
1537	(b)  Testing laboratories accredited by national
1538	organizations, such as A2LA and the National Voluntary
1539	Laboratory Accreditation Program, laboratories accredited by
1540	evaluation entities approved under paragraph (a), and
1541	laboratories that comply with other guidelines for testing
1542	laboratories selected by the commission and adopted by rule.
1543	(c)  Quality assurance entities approved by evaluation
1544	entities approved under paragraph (a) and by certification
1545	agencies approved under paragraph (d) and other quality
1546	assurance entities that comply with guidelines selected by the
1547	commission and adopted by rule.
1548	(d)  Certification agencies accredited by nationally
1549	recognized accreditors and other certification agencies that
1550	comply with guidelines selected by the commission and adopted by
1551	rule.
1552	(e)  Validation entities that comply with accreditation
1553	standards established by the commission by rule.
1554	(17)(a)  The Florida Building Commission shall review the
1555	list of evaluation entities in subsection (8) and, in the annual
1556	report required under s. 553.77, shall either recommend
1557	amendments to the list to add evaluation entities the commission
1558	determines should be authorized to perform product evaluations
1559	or shall report on the criteria adopted by rule or to be adopted
1560	by rule allowing the commission to approve evaluation entities
1561	that use the commission's product evaluation process. If the
1562	commission adopts criteria by rule, the rulemaking process must
1563	be completed by July 1, 2009.
1564	(b)  Notwithstanding paragraph (8)(a), the International
1565	Association of Plumbing and Mechanical Officials Evaluation
1566	Services is approved as an evaluation entity until October 1,
1567	2009. If the association does not obtain permanent approval by
1568	the commission as an evaluation entity by October 1, 2009,
1569	products approved on the basis of an association evaluation must
1570	be substituted by an alternative, approved entity by December
1571	31, 2009, and on January 1, 2010, any product approval issued by
1572	the commission based on an association evaluation is void.
1573	Section 34.  Subsection (4) is added to section 553.844,
1574	Florida Statutes, to read:
1575	553.844  Windstorm loss mitigation; requirements for roofs
1576	and opening protection.-
1577	(4)  Notwithstanding the provisions of this section,
1578	exposed mechanical equipment or appliances fastened to a roof in
1579	compliance with the code using rated stands, platforms, curbs,
1580	slabs, or other means are deemed to comply with the wind
1581	resistance requirements of the 2007 Florida Building Code, as
1582	amended. Further support or enclosure of such mechanical
1583	equipment or appliances is not required by a state or local
1584	official having authority to enforce the Florida Building Code.
1585	This subsection expires on the effective date of the 2010
1586	Florida Building Code.
1587	Section 35.  Section 553.885, Florida Statutes, is amended
1588	to read:
1589	553.885  Carbon monoxide alarm required.-
1590	(1)  Every separate building or addition to an existing
1591	building, other than a hospital, an inpatient hospice facility,
1592	or a nursing home facility licensed by the Agency for Health
1593	Care Administration, constructed for which a building permit is
1594	issued for new construction on or after July 1, 2008, and having
1595	a fossil-fuel-burning heater or appliance, a fireplace, or an
1596	attached garage, or other feature, fixture, or element that
1597	emits carbon monoxide as a byproduct of combustion shall have an
1598	approved operational carbon monoxide alarm installed within 10
1599	feet of each room used for sleeping purposes in the new building
1600	or addition, or at such other locations as required by the
1601	Florida Building Code. The requirements of this subsection may
1602	be satisfied with the installation of a hard-wired battery-
1603	powered carbon monoxide alarm or a hard-wired battery-powered
1604	combination carbon monoxide and smoke alarm. For a new hospital,
1605	an inpatient hospice facility, or a nursing home facility
1606	licensed by the Agency for Health Care Administration, an
1607	approved operational carbon monoxide detector shall be installed
1608	inside or directly outside of each room or area within the
1609	hospital or facility where a fossil-fuel-burning heater, engine,
1610	or appliance is located. This detector shall be connected to the
1611	fire alarm system of the hospital or facility as a supervisory
1612	signal. This subsection does not apply to existing buildings
1613	that are undergoing alterations or repairs unless the alteration
1614	is an addition as defined in subsection (3).
1615	(2)  The Florida Building Commission shall adopt rules to
1616	administer this section and shall incorporate such requirements
1617	into its next revision of the Florida Building Code.
1618	(3)  As used in this section, the term:
1619	(a)  "Carbon monoxide alarm" means a device that is meant
1620	for the purpose of detecting carbon monoxide, that produces a
1621	distinct audible alarm, and that meets the requirements of and
1622	is approved by the Florida Building Commission.
1623	(b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
1624	or other petroleum or hydrocarbon product that emits carbon
1625	monoxide as a by-product of combustion.
1626	(c)  "Addition" means an extension or increase in floor
1627	area, number of stories, or height of a building or structure.
1628	Section 36.  Subsection (2) of section 553.9061, Florida
1629	Statutes, is amended to read:
1630	553.9061  Scheduled increases in thermal efficiency
1631	standards.-
1632	(2)  The Florida Building Commission shall identify within
1633	code support and compliance documentation the specific building
1634	options and elements available to meet the energy performance
1635	goals established in subsection (1). Energy efficiency
1636	performance options and elements include, but are not limited
1637	to:
1638	(a)  Energy-efficient water heating systems, including
1639	solar water heating.
1640	(b)  Energy-efficient appliances.
1641	(c)  Energy-efficient windows, doors, and skylights.
1642	(d)  Low solar-absorption roofs, also known as "cool
1643	roofs."
1644	(e)  Enhanced ceiling and wall insulation.
1645	(f)  Reduced-leak duct systems and energy-saving devices
1646	and features installed within duct systems.
1647	(g)  Programmable thermostats.
1648	(h)  Energy-efficient lighting systems.
1649	(i)  Energy-saving quality installation procedures for
1650	replacement air-conditioning systems, including, but not limited
1651	to, equipment sizing analysis and duct inspection.
1652	(j)  Shading devices, sunscreening materials, and
1653	overhangs.
1654	(k)  Weatherstripping, caulking, and sealing of exterior
1655	openings and penetrations.
1656	(l)  Energy-efficient centralized computer data centers in
1657	office buildings.
1658	Section 37.  Subsections (3) and (4) of section 553.909,
1659	Florida Statutes, are amended to read:
1660	553.909  Setting requirements for appliances; exceptions.-
1661	(3)  Commercial or residential swimming pool pumps or water
1662	heaters manufactured on or sold after July 1, 2011, shall comply
1663	with the requirements of this subsection.
1664	(a)  Natural gas pool heaters shall not be equipped with
1665	constantly burning pilots.
1666	(b)  Heat pump pool heaters shall have a coefficient of
1667	performance at low temperature of not less than 4.0.
1668	(c)  The thermal efficiency of gas-fired pool heaters and
1669	oil-fired pool heaters shall not be less than 78 percent.
1670	(d)  All pool heaters shall have a readily accessible on-
1671	off switch that is mounted outside the heater and that allows
1672	shutting off the heater without adjusting the thermostat
1673	setting.
1674	(4)(a)  Residential swimming pool pumps and pump motors
1675	manufactured on or after July 1, 2011, shall comply with the
1676	requirements in this subsection.
1677	(b)  Residential pool pump motors shall not be split-phase,
1678	shaded-pole, or capacitor start-induction run types.
1679	(c)  Residential pool pumps and pool pump motors with a
1680	total horsepower of 1 HP or more shall have the capability of
1681	operating at two or more speeds with a low speed having a
1682	rotation rate that is no more than one-half of the motor's
1683	maximum rotation rate.
1684	(d)  Residential pool pump motor controls shall have the
1685	capability of operating the pool pump at a minimum of two
1686	speeds. The default circulation speed shall be the residential
1687	filtration speed, with a higher speed override capability being
1688	for a temporary period not to exceed one normal cycle or 24
1689	hours 120 minutes, whichever is less; except that circulation
1690	speed for solar pool heating systems shall be permitted to run
1691	at higher speeds during periods of usable solar heat gain.
1692	Section 38.  Section 553.912, Florida Statutes, is amended
1693	to read:
1694	553.912  Air conditioners.-All air conditioners that which
1695	are sold or installed in the state shall meet the minimum
1696	efficiency ratings of the Florida Energy Efficiency Code for
1697	Building Construction. These efficiency ratings shall be
1698	minimums and may be updated in the Florida Energy Efficiency
1699	Code for Building Construction by the department in accordance
1700	with s. 553.901, following its determination that more cost-
1701	effective energy-saving equipment and techniques are available.
1702	All replacement air-conditioning systems shall be installed
1703	using energy-saving, quality installation procedures, including,
1704	but not limited to, equipment sizing analysis and duct
1705	inspection.
1706	Section 39.  Subsection (2) of section 627.711, Florida
1707	Statutes, is amended to read:
1708	627.711  Notice of premium discounts for hurricane loss
1709	mitigation; uniform mitigation verification inspection form.-
1710	(2)  By July 1, 2007, the Financial Services Commission
1711	shall develop by rule a uniform mitigation verification
1712	inspection form that shall be used by all insurers when
1713	submitted by policyholders for the purpose of factoring
1714	discounts for wind insurance. In developing the form, the
1715	commission shall seek input from insurance, construction, and
1716	building code representatives. Further, the commission shall
1717	provide guidance as to the length of time the inspection results
1718	are valid. An insurer shall accept as valid a uniform mitigation
1719	verification form certified by the Department of Financial
1720	Services or signed by:
1721	(a)  A hurricane mitigation inspector certified by the My
1722	Safe Florida Home program;
1723	(b)  A building code inspector certified under s. 468.607;
1724	(c)  A general, building, or residential contractor
1725	licensed under s. 489.111;
1726	(d)  A professional engineer licensed under s. 471.015 who
1727	has passed the appropriate equivalency test of the Building Code
1728	Training Program as required by s. 553.841;
1729	(e)  A professional architect licensed under s. 481.213; or
1730	(f)  A home inspector license under s. 468.8314 who has
1731	completed at least 2 hours of mitigation training; or
1732	(g)(f)  Any other individual or entity recognized by the
1733	insurer as possessing the necessary qualifications to properly
1734	complete a uniform mitigation verification form.
1735	Section 40.  Subsections (7) through (28) of section
1736	633.021, Florida Statutes, are renumbered as subsections (8)
1737	through (29), respectively, a new subsection (7) is added to
1738	that section, and present subsection (20) of that section is
1739	amended, to read:
1740	633.021  Definitions.-As used in this chapter:
1741	(7)(a)  "Fire equipment dealer Class A" means a licensed
1742	fire equipment dealer whose business is limited to servicing,
1743	recharging, repairing, installing, or inspecting all types of
1744	fire extinguishers and conducting hydrostatic tests on all types
1745	of fire extinguishers.
1746	(b)  "Fire equipment dealer Class B" means a licensed fire
1747	equipment dealer whose business is limited to servicing,
1748	recharging, repairing, installing, or inspecting all types of
1749	fire extinguishers, including recharging carbon dioxide units
1750	and conducting hydrostatic tests on all types of fire
1751	extinguishers, except carbon dioxide units.
1752	(c)  "Fire equipment dealer Class C" means a licensed fire
1753	equipment dealer whose business is limited to servicing,
1754	recharging, repairing, installing, or inspecting all types of
1755	fire extinguishers, except recharging carbon dioxide units, and
1756	conducting hydrostatic tests on all types of fire extinguishers,
1757	except carbon dioxide units.
1758	(d)  "Fire equipment dealer Class D" means a licensed fire
1759	equipment dealer whose business is limited to servicing,
1760	recharging, repairing, installing, hydrotesting, or inspecting
1761	of all types of preengineered fire extinguishing systems.
1762	(21)(a)(20)  A "preengineered system" is a fire suppression
1763	system which:
1764	1.(a)  Uses any of a variety of extinguishing agents.
1765	2.(b)  Is designed to protect specific hazards.
1766	3.(c)  Must be installed according to pretested limitations
1767	and configurations specified by the manufacturer and applicable
1768	National Fire Protection Association (NFPA) standards. Only
1769	those chapters within the National Fire Protection Association
1770	standards that pertain to servicing, recharging, repairing,
1771	installing, hydrotesting, or inspecting any type of
1772	preengineered fire extinguishing system may be used.
1773	4.(d)  Must be installed using components specified by the
1774	manufacturer or components that are listed as equal parts by a
1775	nationally recognized testing laboratory such as Underwriters
1776	Laboratories, Inc., or Factory Mutual Laboratories, Inc.
1777	5.(e)  Must be listed by a nationally recognized testing
1778	laboratory.
1779	(b)  Preengineered systems consist of and include all of
1780	the components and parts providing fire suppression protection,
1781	but do not include the equipment being protected, and may
1782	incorporate special nozzles, flow rates, methods of application,
1783	pressurization levels, and quantities of agents designed by the
1784	manufacturer for specific hazards.
1785	Section 41.  Paragraph (b) of subsection (3) of section
1786	633.0215, Florida Statutes, is amended, and subsections (13) and
1787	(14) are added to that section, to read:
1788	633.0215  Florida Fire Prevention Code.-
1789	(3)  No later than 180 days before the triennial adoption
1790	of the Florida Fire Prevention Code, the State Fire Marshal
1791	shall notify each municipal, county, and special district fire
1792	department of the triennial code adoption and steps necessary
1793	for local amendments to be included within the code. No later
1794	than 120 days before the triennial adoption of the Florida Fire
1795	Prevention Code, each local jurisdiction shall provide the State
1796	Fire Marshal with copies of its local fire code amendments. The
1797	State Fire Marshal has the option to process local fire code
1798	amendments that are received less than 120 days before the
1799	adoption date of the Florida Fire Prevention Code.
1800	(b)  Any local amendment to the Florida Fire Prevention
1801	Code adopted by a local government shall be effective only until
1802	the adoption of the new edition of the Florida Fire Prevention
1803	Code, which shall be every third year. At such time, the State
1804	Fire Marshal shall adopt such amendment as part of the Florida
1805	Fire Prevention Code or rescind the amendment. The State Fire
1806	Marshal shall immediately notify the respective local government
1807	of the rescission of the amendment and the reason for the
1808	rescission. After receiving such notice, the respective local
1809	government may readopt the rescinded amendment. Incorporation of
1810	local amendments as regional and local concerns and variations
1811	shall be considered as adoption of an amendment pursuant to this
1812	section part.
1813	(13)(a)  The State Fire Marshal shall issue an expedited
1814	declaratory statement relating to interpretations of provisions
1815	of the Florida Fire Prevention Code according to the following
1816	guidelines:
1817	1.  The declaratory statement shall be rendered in
1818	accordance with s. 120.565, except that a final decision must be
1819	issued by the State Fire Marshal within 45 days after the
1820	division's receipt of a petition seeking an expedited
1821	declaratory statement. The State Fire Marshal shall give notice
1822	of the petition and the expedited declaratory statement or the
1823	denial of the petition in the next available issue of the
1824	Florida Administrative Weekly after the petition is filed and
1825	after the statement or denial is rendered.
1826	2.  The petitioner must be the owner of the disputed
1827	project or the owner's representative.
1828	3.  The petition for an expedited declaratory statement
1829	must be:
1830	a.  Related to an active project that is under construction
1831	or must have been submitted for a permit.
1832	b.  The subject of a written notice citing a specific
1833	provision of the Florida Fire Prevention Code which is in
1834	dispute.
1835	c.  Limited to a single question that is capable of being
1836	answered with a "yes" or "no" response.
1837	(b)  A petition for a declaratory statement which does not
1838	meet all of the requirements of this subsection must be denied
1839	without prejudice. This subsection does not affect the right of
1840	the petitioner as a substantially affected person to seek a
1841	declaratory statement under s. 633.01(6).
1842	(14)  A condominium that is one or two stories in height
1843	and has an exterior means of egress corridor is exempt from
1844	installing a manual fire alarm system as required in s. 9.6 of
1845	the most recent edition of the Life Safety Code adopted in the
1846	Florida Fire Prevention Code.
1847	Section 42.  Subsections (2) and (10) of section 633.0245,
1848	Florida Statutes, are amended to read:
1849	633.0245  State Fire Marshal Nursing Home Fire Protection
1850	Loan Guarantee Program.-
1851	(2)  The State Fire Marshal may enter into limited loan
1852	guarantee agreements with one or more financial institutions
1853	qualified as public depositories in this state. Such agreements
1854	shall provide a limited guarantee by the State of Florida
1855	covering no more than 50 percent of the principal sum loaned by
1856	such financial institution to an eligible nursing home, as
1857	defined in subsection (10), for the sole purpose of the initial
1858	installation at such nursing home of a fire protection system,
1859	as defined in s. 633.021(10)(9), approved by the State Fire
1860	Marshal as being in compliance with the provisions of s. 633.022
1861	and rules adopted thereunder.
1862	(10)  For purposes of this section, "eligible nursing home"
1863	means a nursing home facility that provides nursing services as
1864	defined in chapter 464, is licensed under part II of chapter
1865	400, and is certified by the Agency for Health Care
1866	Administration to lack an installed fire protection system as
1867	defined in s. 633.021(10)(9).
1868	Section 43.  Section 633.026, Florida Statutes, is amended
1869	to read:
1870	633.026  Legislative intent; informal interpretations of
1871	the Florida Fire Prevention Code.-It is the intent of the
1872	Legislature that the Florida Fire Prevention Code be interpreted
1873	by fire officials and local enforcement agencies in a manner
1874	that reasonably and cost-effectively protects the public safety,
1875	health, and welfare, ensures uniform interpretations throughout
1876	this state, and provides just and expeditious processes for
1877	resolving disputes regarding such interpretations. It is the
1878	further intent of the Legislature that such processes provide
1879	for the expeditious resolution of the issues presented and that
1880	the resulting interpretation of such issues be published on the
1881	website of the Division of State Fire Marshal.
1882	(1)  The Division of State Fire Marshal shall by rule
1883	establish an informal process of rendering nonbinding
1884	interpretations of the Florida Fire Prevention Code. The
1885	Division of State Fire Marshal may contract with and refer
1886	interpretive issues to a third party, selected based upon cost-
1887	effectiveness, quality of services to be performed, and other
1888	performance-based criteria, nonprofit organization that has
1889	experience in interpreting and enforcing the Florida Fire
1890	Prevention Code. The Division of State Fire Marshal shall
1891	immediately implement the process prior to the completion of
1892	formal rulemaking. It is the intent of the Legislature that the
1893	Division of State Fire Marshal establish create a Fire Code
1894	Interpretation Committee composed of seven persons and seven
1895	alternates, equally representing each area of the state process
1896	to refer questions to a small group of individuals certified
1897	under s. 633.081(2), to which a party can pose questions
1898	regarding the interpretation of the Florida Fire Prevention Code
1899	provisions.
1900	(2)  Each member and alternate member of the Fire Code
1901	Interpretation Committee must be certified as a firesafety
1902	inspector pursuant to s. 633.081(2) and must have a minimum of 5
1903	years of experience interpreting and enforcing the Florida Fire
1904	Prevention Code and the Life Safety Code. Each member and
1905	alternate member must be approved by the Division of State Fire
1906	Marshal and deemed by the division to have met these
1907	requirements for at least 30 days before participating in a
1908	review of a nonbinding interpretation. It is the intent of the
1909	Legislature that the process provide for the expeditious
1910	resolution of the issues presented and publication of the
1911	resulting interpretation on the website of the Division of State
1912	Fire Marshal. It is the intent of the Legislature that this
1913	program be similar to the program established by the Florida
1914	Building Commission in s. 553.775(3)(g).
1915	(3)  Each nonbinding interpretation of code provisions must
1916	be provided within 10 business days after receipt of a request
1917	for interpretation. The response period established in this
1918	subsection may be waived only with the written consent of the
1919	party requesting the nonbinding interpretation and the Division
1920	of State Fire Marshal. Nonbinding Such interpretations shall be
1921	advisory only and nonbinding on the parties or the State Fire
1922	Marshal.
1923	(4)  In order to administer this section, the Division of
1924	State Fire Marshal shall charge department may adopt by rule and
1925	impose a fee for nonbinding interpretations, with payment made
1926	directly to the third party. The fee may not exceed $150 for
1927	each request for a review or interpretation. The division may
1928	authorize payment of fees directly to the nonprofit organization
1929	under contract pursuant to subsection (1).
1930	(5)  A party requesting a nonbinding interpretation who
1931	disagrees with the interpretation issued under this section may
1932	apply for a formal interpretation from the State Fire Marshal
1933	pursuant to s. 633.01(6).
1934	(6)  The Division of State Fire Marshal shall issue or
1935	cause to be issued a nonbinding interpretation of the Florida
1936	Fire Prevention Code pursuant to this section when requested to
1937	do so upon submission of a petition by a fire official or by the
1938	owner or owner's representative or the contractor or
1939	contractor's representative of a project in dispute. The
1940	division shall adopt a petition form by rule and the petition
1941	form must be published on the State Fire Marshal's website. The
1942	form shall, at a minimum, require:
1943	(a)  The name and address of the local fire official,
1944	including the address of the county, municipality, or special
1945	district.
1946	(b)  The name and address of the owner or owner's
1947	representative or the contractor or contractor's representative.
1948	(c)  A statement of the specific sections of the Florida
1949	Fire Prevention Code being interpreted by the local fire
1950	official.
1951	(d)  An explanation of how the petitioner's substantial
1952	interests are being affected by the local interpretation of the
1953	Florida Fire Prevention Code.
1954	(e)  A statement of the interpretation of the specific
1955	sections of the Florida Fire Prevention Code by the local fire
1956	official.
1957	(f)  A statement of the interpretation that the petitioner
1958	contends should be given to the specific sections of the Florida
1959	Fire Prevention Code and a statement supporting the petitioner's
1960	interpretation.
1961	(7)  Upon receipt of a petition that meets the requirements
1962	of subsection (6), the Division of State Fire Marshal shall
1963	immediately provide copies of the petition to the Fire Code
1964	Interpretation Committee, and shall publish the petition and any
1965	response submitted by the local fire official on the State Fire
1966	Marshal's website.
1967	(8)  The committee shall conduct proceedings as necessary
1968	to resolve the issues and give due regard to the petition, the
1969	facts of the matter at issue, specific code sections cited, and
1970	any statutory implications affecting the Florida Fire Prevention
1971	Code. The committee shall issue an interpretation regarding the
1972	provisions of the Florida Fire Prevention Code within 10 days
1973	after the filing of a petition. The committee shall issue an
1974	interpretation based upon the Florida Fire Prevention Code or,
1975	if the code is ambiguous, the intent of the code. The
1976	committee's interpretation shall be provided to the petitioner
1977	and shall include a notice that if the petitioner disagrees with
1978	the interpretation, the petitioner may file a request for formal
1979	interpretation by the State Fire Marshal under s. 633.01(6). The
1980	committee's interpretation shall be provided to the State Fire
1981	Marshal, and the division shall publish the interpretation on
1982	the State Fire Marshal's website and in the Florida
1983	Administrative Weekly.
1984	Section 44.  Subsections (2) through (10) of section
1985	633.061, Florida Statutes, are renumbered as subsections (3)
1986	through (11), respectively, a new subsection (2) is added to
1987	that section, and paragraphs (a) and (c) of present subsection
1988	(3) of that section are amended, to read:
1989	633.061  Fire suppression equipment; license to install or
1990	maintain.-
1991	(2)  A person who holds a valid fire equipment dealer
1992	license may maintain such license in an inactive status during
1993	which time he or she may not engage in any work under the
1994	definition of the license held. An inactive status license shall
1995	be void after 2 years or at the time that the license is
1996	renewed, whichever comes first. The biennial renewal fee for an
1997	inactive status license shall be $75. An inactive status license
1998	may not be reactivated unless the continuing education
1999	requirements of this chapter have been fulfilled.
2000	(4)(3)(a)  Such licenses and permits shall be issued by the
2001	State Fire Marshal for 2 years beginning January 1, 2000, and
2002	each 2-year period thereafter and expiring December 31 of the
2003	second year. All licenses or permits issued will expire on
2004	December 31 of each odd-numbered year. The failure to renew a
2005	license or permit by December 31 of the second year will cause
2006	the license or permit to become inoperative. The holder of an
2007	inoperative license or permit shall not engage in any activities
2008	for which a license or permit is required by this section. A
2009	license or permit which is inoperative because of the failure to
2010	renew it shall be restored upon payment of the applicable fee
2011	plus a penalty equal to the applicable fee, if the application
2012	for renewal is filed no later than the following March 31. If
2013	the application for restoration is not made before the March
2014	31st deadline, the fee for restoration shall be equal to the
2015	original application fee and the penalty provided for herein,
2016	and, in addition, the State Fire Marshal shall require
2017	reexamination of the applicant. The fee for a license or permit
2018	issued for 1 year or less shall be prorated at 50 percent of the
2019	applicable fee for a biennial license or permit. After initial
2020	licensure, each licensee or permittee must shall successfully
2021	complete a course or courses of continuing education for fire
2022	equipment technicians of at least 16 32 hours. A license or
2023	permit may not be renewed unless the licensee or permittee
2024	produces documentation of the completion of at least 16 hours of
2025	continuing education for fire equipment technicians during the
2026	biennial licensure period within 4 years of initial issuance of
2027	a license or permit and within each 4-year period thereafter or
2028	no such license or permit shall be renewed. A person who is both
2029	a licensee and a permittee shall be required to complete 16 32
2030	hours of continuing education during each renewal per 4-year
2031	period. Each licensee shall ensure that all permittees in his or
2032	her employment meet their continuing education requirements. The
2033	State Fire Marshal shall adopt rules describing the continuing
2034	education requirements and shall have the authority upon
2035	reasonable belief, to audit a fire equipment dealer to determine
2036	compliance with continuing education requirements.
2037	(c)  A license of any class shall not be issued or renewed
2038	by the State Fire Marshal and a license of any class shall not
2039	remain operative unless:
2040	1.  The applicant has submitted to the State Fire Marshal
2041	evidence of registration as a Florida corporation or evidence of
2042	compliance with s. 865.09.
2043	2.  The State Fire Marshal or his or her designee has by
2044	inspection determined that the applicant possesses the equipment
2045	required for the class of license sought. The State Fire Marshal
2046	shall give an applicant a reasonable opportunity to correct any
2047	deficiencies discovered by inspection. A fee of $50, payable to
2048	the State Fire Marshal, shall be required for any subsequent
2049	reinspection.
2050	3.  The applicant has submitted to the State Fire Marshal
2051	proof of insurance providing coverage for comprehensive general
2052	liability for bodily injury and property damage, products
2053	liability, completed operations, and contractual liability. The
2054	State Fire Marshal shall adopt rules providing for the amounts
2055	of such coverage, but such amounts shall not be less than
2056	$300,000 for Class A or Class D licenses, $200,000 for Class B
2057	licenses, and $100,000 for Class C licenses; and the total
2058	coverage for any class of license held in conjunction with a
2059	Class D license shall not be less than $300,000. The State Fire
2060	Marshal may, at any time after the issuance of a license or its
2061	renewal, require upon demand, and in no event more than 30 days
2062	after notice of such demand, the licensee to provide proof of
2063	insurance, on a form provided by the State Fire Marshal,
2064	containing confirmation of insurance coverage as required by
2065	this chapter. Failure, for any length of time, to provide proof
2066	of insurance coverage as required shall result in the immediate
2067	suspension of the license until proof of proper insurance is
2068	provided to the State Fire Marshal. An insurer which provides
2069	such coverage shall notify the State Fire Marshal of any change
2070	in coverage or of any termination, cancellation, or nonrenewal
2071	of any coverage.
2072	4.  The applicant applies to the State Fire Marshal,
2073	provides proof of experience, and successfully completes a
2074	prescribed training course offered by the State Fire College or
2075	an equivalent course approved by the State Fire Marshal. This
2076	subparagraph does not apply to any holder of or applicant for a
2077	permit under paragraph (f) or to a business organization or a
2078	governmental entity seeking initial licensure or renewal of an
2079	existing license solely for the purpose of inspecting,
2080	servicing, repairing, marking, recharging, and maintaining fire
2081	extinguishers used and located on the premises of and owned by
2082	such organization or entity.
2083	5.  The applicant has a current retestor identification
2084	number that is appropriate for the license for which the
2085	applicant is applying and that is listed with the United States
2086	Department of Transportation.
2087	6.  The applicant has passed, with a grade of at least 70
2088	percent, a written examination testing his or her knowledge of
2089	the rules and statutes regulating the activities authorized by
2090	the license and demonstrating his or her knowledge and ability
2091	to perform those tasks in a competent, lawful, and safe manner.
2092	Such examination shall be developed and administered by the
2093	State Fire Marshal, or his or her designee in accordance with
2094	policies and procedures of the State Fire Marshal. An applicant
2095	shall pay a nonrefundable examination fee of $50 for each
2096	examination or reexamination scheduled. No reexamination shall
2097	be scheduled sooner than 30 days after any administration of an
2098	examination to an applicant. No applicant shall be permitted to
2099	take an examination for any level of license more than a total
2100	of four times during 1 year, regardless of the number of
2101	applications submitted. As a prerequisite to licensure of the
2102	applicant:
2103	a.  Must be at least 18 years of age.
2104	b.  Must have 4 years of proven experience as a fire
2105	equipment permittee at a level equal to or greater than the
2106	level of license applied for or have a combination of education
2107	and experience determined to be equivalent thereto by the State
2108	Fire Marshal. Having held a permit at the appropriate level for
2109	the required period constitutes the required experience.
2110	c.  Must not have been convicted of, or pled nolo
2111	contendere to, any felony. If an applicant has been convicted of
2112	any such felony, the applicant must comply with s.
2113	112.011(1)(b).
2114
2115	This subparagraph does not apply to any holder of or applicant
2116	for a permit under paragraph (f) or to a business organization
2117	or a governmental entity seeking initial licensure or renewal of
2118	an existing license solely for the purpose of inspecting,
2119	servicing, repairing, marking, recharging, hydrotesting, and
2120	maintaining fire extinguishers used and located on the premises
2121	of and owned by such organization or entity.
2122	Section 45.  Section 633.081, Florida Statutes, is amended
2123	to read:
2124	633.081  Inspection of buildings and equipment; orders;
2125	firesafety inspection training requirements; certification;
2126	disciplinary action.-The State Fire Marshal and her or his
2127	agents shall, at any reasonable hour, when the State Fire
2128	Marshal department has reasonable cause to believe that a
2129	violation of this chapter or s. 509.215, or a rule promulgated
2130	thereunder, or a minimum firesafety code adopted by a local
2131	authority, may exist, inspect any and all buildings and
2132	structures which are subject to the requirements of this chapter
2133	or s. 509.215 and rules promulgated thereunder. The authority to
2134	inspect shall extend to all equipment, vehicles, and chemicals
2135	which are located within the premises of any such building or
2136	structure.
2137	(1)  Each county, municipality, and special district that
2138	has firesafety enforcement responsibilities shall employ or
2139	contract with a firesafety inspector. Except as provided in s.
2140	633.082(2), the firesafety inspector must conduct all firesafety
2141	inspections that are required by law. The governing body of a
2142	county, municipality, or special district that has firesafety
2143	enforcement responsibilities may provide a schedule of fees to
2144	pay only the costs of inspections conducted pursuant to this
2145	subsection and related administrative expenses. Two or more
2146	counties, municipalities, or special districts that have
2147	firesafety enforcement responsibilities may jointly employ or
2148	contract with a firesafety inspector.
2149	(2)  Except as provided in s. 633.082(2), every firesafety
2150	inspection conducted pursuant to state or local firesafety
2151	requirements shall be by a person certified as having met the
2152	inspection training requirements set by the State Fire Marshal.
2153	Such person shall:
2154	(a)  Be a high school graduate or the equivalent as
2155	determined by the department;
2156	(b)  Not have been found guilty of, or having pleaded
2157	guilty or nolo contendere to, a felony or a crime punishable by
2158	imprisonment of 1 year or more under the law of the United
2159	States, or of any state thereof, which involves moral turpitude,
2160	without regard to whether a judgment of conviction has been
2161	entered by the court having jurisdiction of such cases;
2162	(c)  Have her or his fingerprints on file with the
2163	department or with an agency designated by the department;
2164	(d)  Have good moral character as determined by the
2165	department;
2166	(e)  Be at least 18 years of age;
2167	(f)  Have satisfactorily completed the firesafety inspector
2168	certification examination as prescribed by the department; and
2169	(g)1.  Have satisfactorily completed, as determined by the
2170	department, a firesafety inspector training program of not less
2171	than 200 hours established by the department and administered by
2172	agencies and institutions approved by the department for the
2173	purpose of providing basic certification training for firesafety
2174	inspectors; or
2175	2.  Have received in another state training which is
2176	determined by the department to be at least equivalent to that
2177	required by the department for approved firesafety inspector
2178	education and training programs in this state.
2179	(3)  Each special state firesafety inspection which is
2180	required by law and is conducted by or on behalf of an agency of
2181	the state must be performed by an individual who has met the
2182	provision of subsection (2), except that the duration of the
2183	training program shall not exceed 120 hours of specific training
2184	for the type of property that such special state firesafety
2185	inspectors are assigned to inspect.
2186	(4)  A firefighter certified pursuant to s. 633.35 may
2187	conduct firesafety inspections, under the supervision of a
2188	certified firesafety inspector, while on duty as a member of a
2189	fire department company conducting inservice firesafety
2190	inspections without being certified as a firesafety inspector,
2191	if such firefighter has satisfactorily completed an inservice
2192	fire department company inspector training program of at least
2193	24 hours' duration as provided by rule of the department.
2194	(5)  Every firesafety inspector or special state firesafety
2195	inspector certificate is valid for a period of 3 years from the
2196	date of issuance. Renewal of certification shall be subject to
2197	the affected person's completing proper application for renewal
2198	and meeting all of the requirements for renewal as established
2199	under this chapter or by rule promulgated thereunder, which
2200	shall include completion of at least 40 hours during the
2201	preceding 3-year period of continuing education as required by
2202	the rule of the department or, in lieu thereof, successful
2203	passage of an examination as established by the department.
2204	(6)  The State Fire Marshal may deny, refuse to renew,
2205	suspend, or revoke the certificate of a firesafety inspector or
2206	special state firesafety inspector if it finds that any of the
2207	following grounds exist:
2208	(a)  Any cause for which issuance of a certificate could
2209	have been refused had it then existed and been known to the
2210	State Fire Marshal.
2211	(b)  Violation of this chapter or any rule or order of the
2212	State Fire Marshal.
2213	(c)  Falsification of records relating to the certificate.
2214	(d)  Having been found guilty of or having pleaded guilty
2215	or nolo contendere to a felony, whether or not a judgment of
2216	conviction has been entered.
2217	(e)  Failure to meet any of the renewal requirements.
2218	(f)  Having been convicted of a crime in any jurisdiction
2219	which directly relates to the practice of fire code inspection,
2220	plan review, or administration.
2221	(g)  Making or filing a report or record that the
2222	certificateholder knows to be false, or knowingly inducing
2223	another to file a false report or record, or knowingly failing
2224	to file a report or record required by state or local law, or
2225	knowingly impeding or obstructing such filing, or knowingly
2226	inducing another person to impede or obstruct such filing.
2227	(h)  Failing to properly enforce applicable fire codes or
2228	permit requirements within this state which the
2229	certificateholder knows are applicable by committing willful
2230	misconduct, gross negligence, gross misconduct, repeated
2231	negligence, or negligence resulting in a significant danger to
2232	life or property.
2233	(i)  Accepting labor, services, or materials at no charge
2234	or at a noncompetitive rate from any person who performs work
2235	that is under the enforcement authority of the certificateholder
2236	and who is not an immediate family member of the
2237	certificateholder. For the purpose of this paragraph, the term
2238	"immediate family member" means a spouse, child, parent,
2239	sibling, grandparent, aunt, uncle, or first cousin of the person
2240	or the person's spouse or any person who resides in the primary
2241	residence of the certificateholder.
2242	(7)  The Division of State Fire Marshal and the Florida
2243	Building Code Administrators and Inspectors Board, established
2244	pursuant to under s. 468.605, shall enter into a reciprocity
2245	agreement to facilitate joint recognition of continuing
2246	education recertification hours for certificateholders licensed
2247	under s. 468.609 and firesafety inspectors certified under
2248	subsection (2).
2249	(8)  The State Fire Marshal shall develop by rule an
2250	advanced training and certification program for firesafety
2251	inspectors having fire code management responsibilities. The
2252	program must be consistent with the appropriate provisions of
2253	NFPA 1037, or similar standards adopted by the division, and
2254	establish minimum training, education, and experience levels for
2255	firesafety inspectors having fire code management
2256	responsibilities.
2257	(9)(7)  The department shall provide by rule for the
2258	certification of firesafety inspectors.
2259	Section 46.  Subsection (2) of section 633.082, Florida
2260	Statutes, is amended to read:
2261	633.082  Inspection of fire control systems, fire hydrants,
2262	and fire protection systems.-
2263	(2)  Fire hydrants and fire protection systems installed in
2264	public and private properties, except one-family or two-family
2265	dwellings, in this state shall be inspected following procedures
2266	established in the nationally recognized inspection, testing,
2267	and maintenance standards publications NFPA-24 and NFPA-25 as
2268	set forth in the edition adopted by the State Fire Marshal.
2269	Quarterly, annual, 3-year, and 5-year inspections consistent
2270	with the contractual provisions with the owner shall be
2271	conducted by the certificateholder or permittees employed by the
2272	certificateholder pursuant to s. 633.521, except that:
2273	(a)  Public fire hydrants owned by a governmental entity
2274	shall be inspected following procedures established in the
2275	inspection, testing, and maintenance standards adopted by the
2276	State Fire Marshal or equivalent standards such as those
2277	contained in the latest edition of the American Water Works
2278	Association's Manual M17, "Installation, Field Testing, and
2279	Maintenance of Fire Hydrants."
2280	(b)  County, municipal, and special district utilities may
2281	perform fire hydrant inspections required by this section using
2282	designated employees. Such designated employees need not be
2283	certified under this chapter. However, counties, municipalities,
2284	or special districts that use designated employees are
2285	responsible for ensuring that the designated employees are
2286	qualified to perform such inspections.
2287	Section 47.  Section 633.352, Florida Statutes, is amended
2288	to read:
2289	633.352  Retention of firefighter certification.-Any
2290	certified firefighter who has not been active as a firefighter,
2291	or as a volunteer firefighter with an organized fire department,
2292	for a period of 3 years shall be required to retake the
2293	practical portion of the minimum standards state examination
2294	specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
2295	Administrative Code, in order to maintain her or his
2296	certification as a firefighter; however, this requirement does
2297	not apply to state-certified firefighters who are certified and
2298	employed as full-time firesafety inspectors or firesafety
2299	instructors, regardless of the firefighter's employment status
2300	as determined by the division. The 3-year period begins on the
2301	date the certificate of compliance is issued or upon termination
2302	of service with an organized fire department.
2303	Section 48.  Paragraph (e) of subsection (2) and
2304	subsections (3), (10), and (11) of section 633.521, Florida
2305	Statutes, are amended to read:
2306	633.521  Certificate application and issuance; permit
2307	issuance; examination and investigation of applicant.-
2308	(2)
2309	(e)  An applicant may not be examined more than four times
2310	during 1 year for certification as a contractor pursuant to this
2311	section unless the person is or has been certified and is taking
2312	the examination to change classifications. If an applicant does
2313	not pass one or more parts of the examination, she or he may
2314	take any part of the examination three more times during the 1-
2315	year period beginning upon the date she or he originally filed
2316	an application to take the examination. If the applicant does
2317	not pass the examination within that 1-year period, she or he
2318	must file a new application and pay the application and
2319	examination fees in order to take the examination or a part of
2320	the examination again. However, the applicant may not file a new
2321	application sooner than 6 months after the date of her or his
2322	last examination. An applicant who passes the examination but
2323	does not meet the remaining qualifications as provided in
2324	applicable statutes and rules within 1 year after the
2325	application date must file a new application, pay the
2326	application and examination fee, successfully complete a
2327	prescribed training course approved by the State Fire College or
2328	an equivalent course approved by the State Fire Marshal, and
2329	retake and pass the written examination.
2330	(3)(a)  As a prerequisite to taking the examination for
2331	certification as a Contractor I, Contractor II, or Contractor
2332	III, the applicant must be at least 18 years of age, be of good
2333	moral character, and shall possess 4 years' proven experience in
2334	the employment of a fire protection system Contractor I,
2335	Contractor II, or Contractor III or a combination of equivalent
2336	education and experience in both water-based and chemical fire
2337	suppression systems.
2338	(b)  As a prerequisite to taking the examination for
2339	certification as a Contractor II, the applicant must be at least
2340	18 years of age, be of good moral character, and have 4 years of
2341	verifiable employment experience with a fire protection system
2342	as a Contractor I or Contractor II, or a combination of
2343	equivalent education and experience in water-based fire
2344	suppression systems.
2345	(c)  Required education and experience for certification as
2346	a Contractor I, Contractor II, Contractor III, or Contractor IV
2347	includes training and experience in both installation and system
2348	layout as defined in s. 633.021.
2349	(d)  As a prerequisite to taking the examination for
2350	certification as a Contractor III, the applicant must be at
2351	least 18 years of age, be of good moral character, and have 4
2352	years of verifiable employment experience with a fire protection
2353	system as a Contractor I or Contractor II, or a combination of
2354	equivalent education and experience in chemical fire suppression
2355	systems.
2356	(e)  As a prerequisite to taking the examination for
2357	certification as a Contractor IV, the applicant must shall be at
2358	least 18 years old, be of good moral character, be licensed as a
2359	certified plumbing contractor under chapter 489, and
2360	successfully complete a training program acceptable to the State
2361	Fire Marshal of not less than 40 contact hours regarding the
2362	applicable installation standard used by the Contractor IV as
2363	described in NFPA 13D. The State Fire Marshal may adopt rules to
2364	administer this subsection have at least 2 years' proven
2365	experience in the employment of a fire protection system
2366	Contractor I, Contractor II, Contractor III, or Contractor IV or
2367	combination of equivalent education and experience which
2368	combination need not include experience in the employment of a
2369	fire protection system contractor.
2370	(f)  As a prerequisite to taking the examination for
2371	certification as a Contractor V, the applicant must shall be at
2372	least 18 years old, be of good moral character, and have been
2373	licensed as a certified underground utility and excavation
2374	contractor or certified plumbing contractor pursuant to chapter
2375	489, have verification by an individual who is licensed as a
2376	certified utility contractor or certified plumbing contractor
2377	pursuant to chapter 489 that the applicant has 4 years' proven
2378	experience in the employ of a certified underground utility and
2379	excavation contractor or certified plumbing contractor, or have
2380	a combination of education and experience equivalent to 4 years'
2381	proven experience in the employ of a certified underground
2382	utility and excavation contractor or certified plumbing
2383	contractor.
2384	(g)  Within 30 days after the date of the examination, the
2385	State Fire Marshal shall inform the applicant in writing whether
2386	she or he has qualified or not and, if the applicant has
2387	qualified, that she or he is ready to issue a certificate of
2388	competency, subject to compliance with the requirements of
2389	subsection (4).
2390	(10)  Effective July 1, 2008, The State Fire Marshal shall
2391	require the National Institute of Certification in Engineering
2392	Technologies (NICET), Sub-field of Inspection and Testing of
2393	Fire Protection Systems Level II or equivalent training and
2394	education as determined by the division as proof that the
2395	permitholders are knowledgeable about nationally accepted
2396	standards for the inspection of fire protection systems. It is
2397	the intent of this act, from July 1, 2005, until July 1, 2008,
2398	to accept continuing education of all certificateholders'
2399	employees who perform inspection functions which specifically
2400	prepares the permitholder to qualify for NICET II certification.
2401	(11)  It is intended that a certificateholder, or a
2402	permitholder who is employed by a certificateholder, conduct
2403	inspections required by this chapter. It is understood that
2404	after July 1, 2008, employee turnover may result in a depletion
2405	of personnel who are certified under the NICET Sub-field of
2406	Inspection and Testing of Fire Protection Systems Level II or
2407	equivalent training and education as required by the Division of
2408	State Fire Marshal which is required for permitholders. The
2409	extensive training and experience necessary to achieve NICET
2410	Level II certification is recognized. A certificateholder may
2411	therefore obtain a provisional permit with an endorsement for
2412	inspection, testing, and maintenance of water-based fire
2413	extinguishing systems for an employee if the employee has
2414	initiated procedures for obtaining Level II certification from
2415	the National Institute for Certification in Engineering
2416	Technologies Sub-field of Inspection and Testing of Fire
2417	Protection Systems and achieved Level I certification or an
2418	equivalent level as determined by the State Fire Marshal through
2419	verification of experience, training, and examination. The State
2420	Fire Marshal may establish rules to administer this subsection.
2421	After 2 years of provisional certification, the employee must
2422	have achieved NICET Level II certification or obtain equivalent
2423	training and education as determined by the division, or cease
2424	performing inspections requiring Level II certification. The
2425	provisional permit is valid only for the 2 calendar years after
2426	the date of issuance, may not be extended, and is not renewable.
2427	After the initial 2-year provisional permit expires, the
2428	certificateholder must wait 2 additional years before a new
2429	provisional permit may be issued. The intent is to prohibit the
2430	certificateholder from using employees who never reach NICET
2431	Level II status, or equivalent training and education as
2432	determined by the division, by continuously obtaining
2433	provisional permits.
2434	Section 49.  Subsection (3) is added to section 633.524,
2435	Florida Statutes, to read:
2436	633.524  Certificate and permit fees; use and deposit of
2437	collected funds.-
2438	(3)  The State Fire Marshal may enter into a contract with
2439	any qualified public entity or private company in accordance
2440	with chapter 287 to provide examinations for any applicant for
2441	any examination administered under the jurisdiction of the State
2442	Fire Marshal. The State Fire Marshal may direct payments from
2443	each applicant for each examination directly to such contracted
2444	entity or company.
2445	Section 50.  Subsection (4) of section 633.537, Florida
2446	Statutes, is amended to read:
2447	633.537  Certificate; expiration; renewal; inactive
2448	certificate; continuing education.-
2449	(4)  The renewal period for the permit class is the same as
2450	that for the employing certificateholder. The continuing
2451	education requirements for permitholders are what is required to
2452	maintain NICET Sub-field of Inspection and Testing of Fire
2453	Protection Systems Level II, equivalent training and education
2454	as determined by the division, or higher certification plus 8
2455	contact hours of continuing education approved by the State Fire
2456	Marshal during each biennial renewal period thereafter. The
2457	continuing education curriculum from July 1, 2005, until July 1,
2458	2008, shall be the preparatory curriculum for NICET II
2459	certification; after July 1, 2008, the technical curriculum is
2460	at the discretion of the State Fire Marshal and may be used to
2461	meet the maintenance of NICET Level II certification and 8
2462	contact hours of continuing education requirements. It is the
2463	responsibility of the permitholder to maintain NICET II
2464	certification or equivalent training and education as determined
2465	by the division as a condition of permit renewal after July 1,
2466	2008.
2467	Section 51.  Subsection (4) of section 633.72, Florida
2468	Statutes, is amended to read:
2469	633.72  Florida Fire Code Advisory Council.-
2470	(4)  Each appointee shall serve a 4-year term. No member
2471	shall serve more than two consecutive terms one term. No member
2472	of the council shall be paid a salary as such member, but each
2473	shall receive travel and expense reimbursement as provided in s.
2474	112.061.
2475	Section 52.  Subsection (6) of section 718.113, Florida
2476	Statutes, is repealed.
2477	Section 53.  The Florida Building Commission shall revise
2478	the Florida Building Code in order to make it consistent with
2479	the revisions made by this act to s. 399.02, Florida Statutes.
2480	Section 54.  This act shall take effect July 1, 2010.

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