CS/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.; authorizing
6	the Division of Hotels and Restaurants of the Department
7	of Business and Professional Regulation to have access to
8	places in which a conveyance and equipment are located;
9	authorizing the division to grant variances from certain
10	rules for undue hardship; prohibiting the enforcement of
11	Phase II Firefighters' Service on certain elevators for a
12	specified period; amending s. 399.15, F.S.; providing an
13	alternative method to allow access to regional emergency
14	elevators; providing for a uniform lock box; providing for
15	a master key; providing the Division of State Fire Marshal
16	with enforcement authority; directing the Department of
17	Financial Services to select the provider of the uniform
18	lock box; creating s. 455.2122, F.S.; authorizing distance
19	learning courses as an alternative to classroom
20	instruction for certain licenses; prohibiting the
21	department or regulatory board from requiring centralized
22	licensing examinations for certain licenses; creating s.
23	455.2123, F.S.; authorizing distance learning courses as
24	an alternative to classroom instruction for certain
25	licenses; prohibiting the department or a regulatory board
26	from requiring centralized licensing examinations for
27	certain licenses; amending s. 468.631, F.S.; revising the
28	amount of a surcharge and imposing the surcharge on
29	certain building permits; requiring the unit of government
30	collecting the surcharge to electronically remit the funds
31	to the Department of Business and Professional Regulation;
32	requiring the unit of government collecting the surcharge
33	to retain a portion of the funds to fund certain
34	activities of building departments; requiring that the
35	remaining funds from the surcharge be used to fund the
36	Florida Homeowners' Construction Recovery Fund and the
37	Florida Building Code Administrators and Inspectors Board;
38	amending s. 468.83, F.S.; providing for the creation of
39	the home inspection services licensing program within the
40	Department of Business and Professional Regulation;
41	amending s. 468.8311, F.S.; revising the term "home
42	inspection services"; amending s. 468.8312, F.S.; deleting
43	a fee provision for certain certificates of authorization;
44	amending s. 468.8313, F.S.; revising examination
45	requirements for licensure as a home inspector; providing
46	fingerprinting requirements and procedures for license
47	applications; providing that the applicant is responsible
48	for certain costs; amending s. 468.8318, F.S.; revising
49	requirements and procedures for certification of
50	corporations and partnerships offering home inspection
51	services to the public; deleting provisions relating to
52	required certificates of authorization; amending s.
53	468.8319, F.S.; delaying the enforcement of a prohibition
54	against performing certain activities by a person who is
55	not licensed as a home inspector; revising certain
56	prohibitions with respect to providers of home inspection
57	services; amending s. 468.832, F.S.; providing an
58	additional ground for taking certain disciplinary actions;
59	amending s. 468.8324, F.S.; specifying additional
60	requirements for licensure as a home inspector; creating
61	s. 468.8325, F.S.; requiring the department to adopt rules
62	to administer part XV of ch. 468, F.S., relating to home
63	inspectors; amending s. 468.84, F.S.; providing for the
64	creation of the mold-related services licensing program
65	within the Department of Business and Professional
66	Regulation; amending s. 468.8412, F.S.; deleting a fee
67	provision for certain biennial certificates of
68	authorization renewal; amending s. 468.8413, F.S.;
69	revising examination requirements and procedures for
70	licensure as a mold assessor or mold remediator; providing
71	fingerprinting requirements and procedures for license
72	applications; providing that the applicant is responsible
73	for certain costs; amending s. 468.8414, F.S.; specifying
74	an additional applicant qualification criterion for
75	licensure by endorsement; amending s. 468.8418, F.S.;
76	revising requirements and procedures for certification of
77	corporations and partnerships offering mold assessment or
78	mold remediation services to the public; deleting
79	provisions relating to required certificates of
80	authorization; amending s. 468.8419, F.S.; delaying the
81	enforcement of a prohibition against performing certain
82	activities by a person who is not licensed as a mold
83	assessor; amending s. 468.842, F.S.; providing an
84	additional ground for taking certain disciplinary actions;
85	amending s. 468.8421, F.S.; specifying an insurance
86	coverage requirement for mold assessors; amending s.
87	468.8423, F.S.; specifying additional requirements for
88	licensure as a mold assessor or mold remediator; creating
89	s. 468.8424, F.S.; requiring the Department of Business
90	and Professional Regulation to adopt rules to administer
91	part XVI of ch. 468, F.S., relating to mold-related
92	services; amending s. 489.103, F.S.; conforming a cross-
93	reference; amending s. 553.37, F.S.; authorizing
94	manufacturers to pay inspection fees directly to the
95	provider of inspection services; providing requirements
96	for rules of the Department of Business and Professional
97	Regulation regarding the schedule of fees; authorizing the
98	department to enter into contracts for the performance of
99	certain administrative duties; revising inspection
100	requirements for certain custom manufactured buildings;
101	amending s. 553.375, F.S.; revising the requirement for
102	recertification of manufactured buildings prior to
103	relocation; amending s. 553.509, F.S.; deleting certain
104	requirements for alternate power sources for elevators for
105	purposes of operating during an emergency; amending s.
106	553.512, F.S.; requiring the Florida Building Commission
107	to establish by rule a fee for certain waiver requests;
108	amending s. 553.721, F.S.; revising the amount of a
109	surcharge and imposing the surcharge on certain building
110	permits; requiring the unit of government collecting the
111	surcharge to electronically remit the funds to the
112	Department of Community Affairs; requiring the unit of
113	government collecting the surcharge to retain a portion of
114	the funds to fund certain activities of building
115	departments; requiring the remaining funds from the
116	surcharge to be used to fund the Florida Building
117	Commission and the Department of Community Affairs;
118	amending s. 553.73, F.S.; conforming cross-references;
119	authorizing counties and municipalities to adopt by
120	ordinance administrative or technical amendments to the
121	Florida Building Code for certain flood-related purposes;
122	specifying requirements and procedures; revising
123	foundation code adoption requirements; authorizing the
124	Florida Building Commission to approve amendments relating
125	to equivalency of standards; exempting certain mausoleums
126	from the requirements of the Florida Building Code;
127	exempting certain temporary housing provided by the
128	Department of Corrections from the requirements of the
129	Florida Building Code; restricting the code, code
130	enforcement agencies, and local governments from imposing
131	requirements on certain mechanical equipment on roofs;
132	amending s. 553.74, F.S.; specifying absence of
133	impermissible conflicts of interest for certain committee
134	or workgroup members while representing clients under
135	certain circumstances; specifying certain prohibited
136	activities for such members; amending s. 553.76, F.S.;
137	authorizing the Florida Building Commission to adopt rules
138	related to consensus-building decisionmaking; amending s.
139	553.775, F.S.; conforming a cross-reference; authorizing
140	the commission to charge a fee for filing certain requests
141	and for nonbinding interpretations; limiting fees for
142	nonbinding interpretations; amending s. 553.79, F.S.;
143	requiring certain inspection services to be performed
144	under the alternative plans review and inspection process
145	or by a local governmental entity; reenacting s.
146	553.80(1), F.S., relating to the enforcement of the
147	Florida Building Code, to incorporate the amendments made
148	to s. 553.79, F.S., in a reference thereto; amending s.
149	553.80, F.S.; specifying nonapplicability of certain
150	exemptions from the Florida Building Code granted by
151	certain enforcement entities under certain circumstances;
152	revising requirements for review of facility plans and
153	construction surveyed for certain hospitals and health
154	care facilities; amending s. 553.841, F.S.; deleting
155	provisions requiring that the Department of Community
156	Affairs maintain, update, develop, or cause to be
157	developed a core curriculum for persons who enforce the
158	Florida Building Code; amending s. 553.842, F.S.;
159	authorizing rules requiring the payment of product
160	evaluation fees directly to the administrator of the
161	product evaluation and approval system; specifying the use
162	of such fees; authorizing the Florida Building Commission
163	to provide by rule for editorial revisions to certain
164	approvals and charge certain fees; providing requirements
165	for the approval of applications for state approval of a
166	product; providing for certain approved products to be
167	immediately added to the list of state-approved products;
168	requiring that the commission's oversight committee review
169	approved products; revising the list of approved
170	evaluation entities; deleting obsolete provisions
171	governing evaluation entities; amending s. 553.844, F.S.;
172	providing an exemption from the requirements regarding
173	roof and opening protections for certain exposed
174	mechanical equipment or appliances; providing for future
175	expiration; amending s. 553.885, F.S.; revising
176	requirements for carbon monoxide alarms; providing an
177	exception for buildings undergoing alterations or repairs;
178	defining the term "addition" as it relates to the
179	requirement of a carbon monoxide alarm; amending s.
180	553.9061, F.S.; revising the energy-efficiency performance
181	options and elements identified by the commission for
182	purposes of meeting certain goals; amending s. 553.909,
183	F.S.; revising a compliance criterion for certain swimming
184	pool pumps or water heaters; revising requirements for
185	residential swimming pool pumps and pump motors; amending
186	s. 553.912, F.S.; providing requirements for replacement
187	air-conditioning systems; amending s. 627.711, F.S.;
188	conforming provisions to changes made by the act in which
189	core curriculum courses relating to the Florida Building
190	Code are deleted; revising the list of persons qualified
191	to sign certain mitigation verification forms for certain
192	purposes; amending s. 633.021, F.S.; providing additional
193	definitions for fire equipment dealers; revising the
194	definition of the term "preengineered systems"; amending
195	s. 633.0215, F.S.; providing guidelines for the State Fire
196	Marshal to apply when issuing an expedited declaratory
197	statement; requiring that the State Fire Marshal issue an
198	expedited declaratory statement under certain
199	circumstances; providing requirements for a petition
200	requesting an expedited declaratory statement; exempting
201	certain condominiums from installing manual fire alarm
202	systems; amending s. 633.0245, F.S.; conforming cross-
203	references; amending s. 633.025, F.S.; exempting single-
204	family dwelling units from fire sprinkler requirements;
205	amending s. 633.026, F.S.; providing legislative intent;
206	revising authority of the State Fire Marshal to contract
207	with and refer interpretive issues to certain entities;
208	providing for the establishment of the Fire Code
209	Interpretation Committee; providing for the membership of
210	the committee and requirements for membership; requiring
211	that nonbinding interpretations of the Florida Fire
212	Prevention Code be issued within a specified period after
213	a request is received; providing for the waiver of such
214	requirement under certain conditions; requiring that the
215	Division of State Fire Marshal charge a fee for nonbinding
216	interpretations; providing that fees may be paid directly
217	to a contract provider; providing requirements for
218	requesting a nonbinding interpretation; requiring that the
219	Division of State Fire Marshal develop a form for
220	submitting a petition for a nonbinding interpretation;
221	providing for a formal interpretation by the State Fire
222	Marshal; requiring that an interpretation of the Florida
223	Fire Prevention Code be published on the division's
224	website and in the Florida Administrative Weekly; amending
225	s. 626.061, F.S.; authorizing certain fire equipment
226	dealer licensees to maintain inactive license status under
227	certain circumstances; providing requirements; providing
228	for a renewal fee; revising certain continuing education
229	requirements; revising an applicant licensure
230	qualification requirement; amending s. 633.081, F.S.;
231	requiring that the State Fire Marshal inspect a building
232	when the State Fire Marshal, rather than the Department of
233	Financial Services, has cause to believe a violation has
234	occurred; providing exceptions for requirements that
235	certain firesafety inspections be conducted by firesafety
236	inspectors; requiring that the Division of State Fire
237	Marshal and the Florida Building Code Administrators and
238	Inspectors Board enter into a reciprocity agreement for
239	purposes of recertifying building code inspectors, plan
240	inspectors, building code administrators, and firesafety
241	inspectors; requiring that the State Fire Marshal develop
242	by rule an advanced training and certification program for
243	firesafety inspectors who have fire code management
244	responsibilities; requiring that the program be consistent
245	with certain standards and establish minimum training,
246	education, and experience levels for such firesafety
247	inspectors; amending s. 633.082, F.S.; authorizing
248	alternative inspection procedures for certain fire
249	hydrants; requiring periodic testing or operation of
250	certain equipment; providing that nonmandated sprinkler
251	systems may not be required to be removed; amending s.
252	633.352, F.S.; providing an exception to requirements for
253	recertification as a firefighter; amending s. 633.521,
254	F.S.; revising requirements for certification as a fire
255	protection system contractor; revising the prerequisites
256	for taking the certification examination; authorizing the
257	State Fire Marshal to accept more than one source of
258	professional certification; revising legislative intent;
259	amending s. 633.524, F.S.; authorizing the State Fire
260	Marshal to enter into contracts for examination services;
261	providing for the direct payment of examination fees to
262	contract providers; amending s. 633.537, F.S.; revising
263	the continuing education requirements for certain
264	permitholders; amending 633.72, F.S.; revising the terms
265	of service for members of the Fire Code Advisory Council;
266	repealing s. 718.113(6), F.S., relating to requirements
267	for 5-year inspections of certain condominium
268	improvements; directing the Florida Building Commission to
269	conform provisions of the Florida Building Code with
270	revisions made by the act relating to the operation of
271	elevators; providing an effective date.
272
273	Be It Enacted by the Legislature of the State of Florida:
274
275	Section 1.  Subsection (6) of section 196.031, Florida
276	Statutes, is amended to read:
277	196.031  Exemption of homesteads.-
278	(6)  When homestead property is damaged or destroyed by
279	misfortune or calamity and the property is uninhabitable on
280	January 1 after the damage or destruction occurs, the homestead
281	exemption may be granted if the property is otherwise qualified
282	and if the property owner notifies the property appraiser that
283	he or she intends to repair or rebuild the property and live in
284	the property as his or her primary residence after the property
285	is repaired or rebuilt and does not claim a homestead exemption
286	on any other property or otherwise violate this section. Failure
287	by the property owner to commence the repair or rebuilding of
288	the homestead property within 3 years after January 1 following
289	the property's damage or destruction constitutes abandonment of
290	the property as a homestead. After the 3-year period, the
291	expiration, lapse, nonrenewal, or revocation of a building
292	permit issued to the property owner for such repairs or
293	rebuilding also constitutes abandonment of the property as
294	homestead.
295	Section 2.  Subsection (6) of section 399.02, Florida
296	Statutes, is amended, and subsections (8) and (9) are added to
297	that section, to read:
298	399.02  General requirements.-
299	(6)(a)  The department is empowered to carry out all of the
300	provisions of this chapter relating to the inspection and
301	regulation of elevators and to enforce the provisions of the
302	Florida Building Code.
303	(b)  In order to perform its duties and responsibilities
304	under this section, the division may enter and have reasonable
305	access to all buildings and rooms or spaces in which an existing
306	or newly installed conveyance and equipment are located.
307	(8)  The division may grant variances for undue hardship
308	pursuant to s. 120.542 and the rules adopted under this section.
309	Such rules must include a process for requests for variances.
310	The division may not grant a request for a variance unless it
311	finds that the variance will not adversely affect the safety of
312	the public.
313	(9)  Updates to the Safety Code for Existing Elevators and
314	Escalators, ASME A17.1 and A17.3, which require Phase II
315	Firefighters' Service on elevators may not be enforced until
316	July 1, 2015, or until the elevator is replaced or requires
317	major modification, whichever occurs first, on elevators in
318	condominiums or multifamily residential buildings, including
319	those that are part of a continuing care facility licensed under
320	chapter 651, or similar retirement community with apartments,
321	having a certificate of occupancy by the local building
322	authority that was issued before July 1, 2008. This exception
323	does not prevent an elevator owner from requesting a variance
324	from the applicable codes before or after July 1, 2015. This
325	subsection does not prohibit the division from granting
326	variances pursuant to s. 120.542 and subsection (8). The
327	division shall adopt rules to administer this subsection.
328	Section 3.  Present subsection (7) of section 399.15,
329	Florida Statutes, is renumbered as subsection (8), and a new
330	subsection (7) is added to that section to read:
331	399.15  Regional emergency elevator access.-
332	(7)  As an alternative to complying with the requirements
333	of subsection (1), each building in this state which is required
334	to meet the provisions of subsections (1) and (2) may instead
335	provide for the installation of a uniform lock box that contains
336	the keys to all elevators in the building allowing public
337	access, including service and freight elevators. The uniform
338	lock box must be keyed to allow all uniform lock boxes in each
339	of the seven state emergency response regions to operate in fire
340	emergency situations using one master key. The master key for
341	the uniform lock shall be issued only to the fire department.
342	The Division of State Fire Marshal of the Department of
343	Financial Services shall enforce this subsection. The Department
344	of Financial Services shall select the provider of the uniform
345	lock box to be installed in each building in which the
346	requirements of this subsection are implemented.
347	Section 4.  Section 455.2122, Florida Statutes, is created
348	to read:
349	455.2122  Education.-A board, or the department where there
350	is no board, shall approve distance learning courses as an
351	alternative to classroom courses to satisfy prelicensure or
352	postlicensure education requirements provided for in part VIII
353	of chapter 468 or part I of chapter 475. A board, or the
354	department when there is no board, may not require centralized
355	examinations for completion of prelicensure or postlicensure
356	education requirements for those professions licensed under part
357	VIII of chapter 468 or part I of chapter 475.
358	Section 5.  Section 455.2123, Florida Statutes, is amended
359	to read:
360	455.2123  Continuing education.-A board, or the department
361	when there is no board, may provide by rule that distance
362	learning may be used to satisfy continuing education
363	requirements. A board, or the department when there is no board,
364	shall approve distance learning courses as an alternative to
365	classroom courses to satisfy continuing education requirements
366	provided for in part VIII, part XV, or part XVI of chapter 468
367	or part I or part II of chapter 475 and may not require
368	centralized examinations for completion of continuing education
369	requirements for the professions licensed under part VIII, part
370	XV, or part XVI of chapter 468 or part I or part II of chapter
371	475.
372	Section 6.  Subsection (1) of section 468.631, Florida
373	Statutes, is amended to read:
374	468.631  Building Code Administrators and Inspectors Fund.-
375	(1)  This part shall be funded through a surcharge, to be
376	assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
377	1.5 percent of the permit fees associated with enforcement of
378	the Florida Building Code on any permits issued for one-half
379	cent per square foot of under-roof floor space permitted,
380	including new construction, repairs, renovations, alterations,
381	and additions. This includes permits issued for electrical, gas,
382	mechanical, plumbing, and roofing work. The minimum amount
383	collected on any permit issued shall be $2. The unit of
384	government responsible for collecting permit fees pursuant to s.
385	125.56(4) or s. 166.201 shall collect such surcharge and shall
386	electronically remit the funds to the department on a quarterly
387	calendar basis beginning not later than December 31, 1993, for
388	the preceding quarter, and continuing each third month
389	thereafter; and such unit of government shall may retain an
390	amount up to 10 percent of the surcharge collected to fund the
391	participation of building departments in the national and state
392	building code promulgation processes and to provide education
393	related to enforcement of the Florida Building Code projects and
394	activities intended to improve the quality of building code
395	enforcement. There is created within the Professional Regulation
396	Trust Fund a separate account to be known as the Building Code
397	Administrators and Inspectors Fund, which shall deposit and
398	disburse funds as necessary for the implementation of this part.
399	The proceeds from this surcharge shall be allocated equally to
400	fund the Florida Homeowners' Construction Recovery Fund
401	established by s. 489.140 and the functions of the board. The
402	department shall annually establish the amount needed to fund
403	the certification and regulation of building code
404	administrators, plans examiners, and building code inspectors.
405	Any funds collected in excess of the amount needed to adequately
406	fund the certification and regulation of building code
407	administrators, plans examiners, and building code inspectors
408	shall be deposited into the Florida Homeowners' Construction
409	Recovery Fund established by s. 489.140. If the Florida
410	Homeowners' Construction Recovery Fund is fully funded as
411	provided by s. 489.140, any remaining funds shall be distributed
412	to the Construction Industry Licensing Board for use in the
413	regulation of certified and registered contractors.
414	Section 7.  Section 468.83, Florida Statutes, is amended to
415	read:
416	468.83  Home inspection services licensing program;
417	purpose.-
418	(1)  There is created within the department the home
419	inspection services licensing program.
420	(2)  The Legislature recognizes that there is a need to
421	require the licensing of home inspectors and to ensure that
422	consumers of home inspection services can rely on the competence
423	of home inspectors, as determined by educational and experience
424	requirements and testing. Therefore, the Legislature deems it
425	necessary in the interest of the public welfare to regulate home
426	inspectors in this state.
427	Section 8.  Subsection (4) of section 468.8311, Florida
428	Statutes, is amended to read:
429	468.8311  Definitions.-As used in this part, the term:
430	(4)  "Home inspection services" means a limited visual
431	examination of one or more of the following readily accessible
432	installed systems and components of a home: the structure,
433	electrical system, HVAC system, roof covering, plumbing system,
434	interior components, exterior components, and site conditions
435	that affect the structure, for the purposes of providing a
436	written professional opinion of the condition of the home.
437	Section 9.  Subsections (4) through (8) of section
438	468.8312, Florida Statutes, are amended to read:
439	468.8312  Fees.-
440	(4)  The fee for a certificate of authorization shall not
441	exceed $125.
442	(4)(5)  The biennial renewal fee shall not exceed $200.
443	(5)(6)  The fee for licensure by endorsement shall not
444	exceed $200.
445	(6)(7)  The fee for application for inactive status or for
446	reactivation of an inactive license shall not exceed $200.
447	(7)(8)  The fee for applications from providers of
448	continuing education may not exceed $500.
449	Section 10.  Subsections (1) and (2) of section 468.8313,
450	Florida Statutes, are amended, present subsection (6) of that
451	section is renumbered as subsection (7) and amended, and a new
452	subsection (6) is added to that section, to read:
453	468.8313  Examinations.-
454	(1)  A person desiring to be licensed as a home inspector
455	must shall apply to the department after he or she satisfies the
456	examination requirements of this part to take a licensure
457	examination.
458	(2)  An applicant may shall be entitled to take the
459	licensure examination for the purpose of determining whether he
460	or she is qualified to practice in this state as a home
461	inspector if he or she passes the required examination, the
462	applicant is of good moral character, and completes has
463	completed a course of study of at least no less than 120 hours
464	that covers all of the following components of a home:
465	structure, electrical system, HVAC system, roof covering,
466	plumbing system, interior components, exterior components, and
467	site conditions that affect the structure.
468	(6)  An applicant for a license shall submit, together with
469	the application, a complete set of electronic fingerprints to
470	the department. The department shall submit the fingerprints to
471	the Department of Law Enforcement for state processing, and the
472	Department of Law Enforcement shall forward them to the Federal
473	Bureau of Investigation for national processing, to determine
474	whether the applicant has a criminal history record. The
475	department shall review the background results to determine if
476	an applicant meets licensure requirements. The applicant is
477	responsible for the cost associated with processing the
478	fingerprints. The authorized agencies or vendors shall collect
479	such fees and pay for the processing costs due to the Department
480	of Law Enforcement.
481	(7)(6)  The department may adopt rules pursuant to ss.
482	120.536(1) and 120.54 to implement the provisions of this
483	section.
484	Section 11.  Section 468.8318, Florida Statutes, is amended
485	to read:
486	468.8318  Certification of corporations and partnerships.-
487	(1)  The department shall issue a certificate of
488	authorization to a corporation or partnership offering home
489	inspection services to the public if the corporation or
490	partnership satisfies all of the requirements of this part.
491	(2)  The practice of or the offer to practice home
492	inspection services by licensees through a corporation or
493	partnership offering home inspection services to the public, or
494	by a corporation or partnership offering such services to the
495	public through licensees under this part as agents, employees,
496	officers, or partners, is permitted subject to the provisions of
497	this part, provided that all personnel of the corporation or
498	partnership who act in its behalf as home inspectors in this
499	state are licensed as provided by this part; and further
500	provided that the corporation or partnership has been issued a
501	certificate of authorization by the department as provided in
502	this section. Nothing in this section shall be construed to
503	allow a corporation to hold a license to practice home
504	inspection services. No corporation or partnership shall be
505	relieved of responsibility for the conduct or acts of its
506	agents, employees, or officers by reason of its compliance with
507	this section, nor shall any individual practicing home
508	inspection services be relieved of responsibility for
509	professional services performed by reason of his or her
510	employment or relationship with a corporation or partnership.
511	(3)  For the purposes of this section, a certificate of
512	authorization shall be required for a corporation, partnership,
513	association, or person practicing under a fictitious name and
514	offering home inspection services to the public; however, when
515	an individual is practicing home inspection services in his or
516	her own given name, he or she shall not be required to register
517	under this section.
518	(4)  Each certificate of authorization shall be renewed
519	every 2 years. Each partnership and corporation certified under
520	this section shall notify the department within 1 month of any
521	change in the information contained in the application upon
522	which the certification is based.
523	(5)  Disciplinary action against a corporation or
524	partnership shall be administered in the same manner and on the
525	same grounds as disciplinary action against a licensed home
526	inspector.
527	Section 12.  Section 468.8319, Florida Statutes, is amended
528	to read:
529	468.8319  Prohibitions; penalties.-
530	(1)  A person home inspector, a company that employs a home
531	inspector, or a company that is controlled by a company that
532	also has a financial interest in a company employing a home
533	inspector may not:
534	(a)  Effective July 1, 2011, practice or offer to practice
535	home inspection services unless the person has complied with the
536	provisions of this part;
537	(b)  Effective July 1, 2011, use the name or title
538	"certified home inspector," "registered home inspector,"
539	"licensed home inspector," "home inspector," "professional home
540	inspector," or any combination thereof unless the person has
541	complied with the provisions of this part;
542	(c)  Present as his or her own the license of another;
543	(d)  Knowingly give false or forged evidence to the
544	department or an employee thereof;
545	(e)  Use or attempt to use a license that has been
546	suspended or revoked;
547	(f)  Perform or offer to perform, prior to closing, for any
548	additional fee, any repairs to a home on which the inspector or
549	the inspector's company has prepared a home inspection report.
550	This paragraph does not apply to a home warranty company that is
551	affiliated with or retains a home inspector to perform repairs
552	pursuant to a claim made under a home warranty contract;
553	(g)  Inspect for a fee any property in which the inspector
554	or the inspector's company has any financial or transfer
555	interest;
556	(h)  Offer or deliver any compensation, inducement, or
557	reward to any broker or agent therefor for the referral of the
558	owner of the inspected property to the inspector or the
559	inspection company; or
560	(i)  Accept an engagement to make an omission or prepare a
561	report in which the inspection itself, or the fee payable for
562	the inspection, is contingent upon either the conclusions in the
563	report, preestablished findings, or the close of escrow.
564	(2)  Any person who is found to be in violation of any
565	provision of this section commits a misdemeanor of the first
566	degree, punishable as provided in s. 775.082 or s. 775.083.
567	(3)  This section does not apply to unlicensed activity as
568	described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
569	which occurs before July 1, 2011.
570	Section 13.  Subsection (1) of section 468.832, Florida
571	Statutes, is amended to read:
572	468.832  Disciplinary proceedings.-
573	(1)  The following acts constitute grounds for which the
574	disciplinary actions in subsection (2) may be taken:
575	(a)  Violation of any provision of this part or s.
576	455.227(1).;
577	(b)  Attempting to procure a license to practice home
578	inspection services by bribery or fraudulent misrepresentation.;
579	(c)  Having a license to practice home inspection services
580	revoked, suspended, or otherwise acted against, including the
581	denial of licensure, by the licensing authority of another
582	state, territory, or country.;
583	(d)  Being convicted or found guilty of, or entering a plea
584	of nolo contendere to, regardless of adjudication, a crime in
585	any jurisdiction that directly relates to the practice of home
586	inspection services or the ability to practice home inspection
587	services.;
588	(e)  Making or filing a report or record that the licensee
589	knows to be false, willfully failing to file a report or record
590	required by state or federal law, willfully impeding or
591	obstructing such filing, or inducing another person to impede or
592	obstruct such filing. Such reports or records shall include only
593	those that are signed in the capacity of a licensed home
594	inspector.;
595	(f)  Advertising goods or services in a manner that is
596	fraudulent, false, deceptive, or misleading in form or content.;
597	(g)  Engaging in fraud or deceit, or negligence,
598	incompetency, or misconduct, in the practice of home inspection
599	services.;
600	(h)  Failing to perform any statutory or legal obligation
601	placed upon a licensed home inspector; violating any provision
602	of this chapter, a rule of the department, or a lawful order of
603	the department previously entered in a disciplinary hearing; or
604	failing to comply with a lawfully issued subpoena of the
605	department.; or
606	(i)  Practicing on a revoked, suspended, inactive, or
607	delinquent license.
608	(j)  Failing to meet any standard of practice adopted by
609	rule of the department.
610	Section 14.  Section 468.8324, Florida Statutes, is amended
611	to read:
612	468.8324  Grandfather clause.-
613	(1)  A person who performs home inspection services as
614	defined in this part may qualify for licensure to be licensed by
615	the department as a home inspector if the person submits an
616	application to the department postmarked on or before March 1,
617	2011, which shows that the applicant: meets the licensure
618	requirements of this part by July 1, 2010.
619	(a)  Is certified as a home inspector by a state or
620	national association that requires, for such certification,
621	successful completion of a proctored examination on home
622	inspection services and completes at least 14 hours of
623	verifiable education on such services; or
624	(b)  Has at least 3 years of experience as a home inspector
625	at the time of application and has completed 14 hours of
626	verifiable education on home inspection services. To establish
627	the 3 years of experience, an applicant must submit at least 120
628	home inspection reports prepared by the applicant.
629	(2)  The department may investigate the validity of a home
630	inspection report submitted under paragraph (1)(b) and, if the
631	applicant submits a false report, may take disciplinary action
632	against the applicant under s. 468.832(1)(e) or (g).
633	(3)  An applicant may not qualify for licensure under this
634	section if he or she has had a home inspector license or a
635	license in any related field revoked at any time or suspended
636	within the previous 5 years or has been assessed a fine that
637	exceeds $500 within the previous 5 years. For purposes of this
638	subsection, a license in a related field includes, but is not
639	limited to, licensure in real estate, construction, mold-related
640	services, or building code administration or inspection.
641	(4)  An applicant for licensure under this section must
642	comply with the criminal history, good moral character, and
643	insurance requirements of this part.
644	Section 15.  Section 468.8325, Florida Statutes, is created
645	to read:
646	468.8325  Rulemaking authority.-The department shall adopt
647	rules to administer this part.
648	Section 16.  Section 468.84, Florida Statutes, is amended
649	to read:
650	468.84  Mold-related services licensing program;
651	legislative purpose.-
652	(1)  There is created within the department the mold-
653	related services licensing program.
654	(2)  The Legislature finds it necessary in the interest of
655	the public safety and welfare, to prevent damage to real and
656	personal property, to avert economic injury to the residents of
657	this state, and to regulate persons and companies that hold
658	themselves out to the public as qualified to perform mold-
659	related services.
660	Section 17.  Subsections (6) through (10) of section
661	468.8412, Florida Statutes, are amended to read:
662	468.8412  Fees.-
663	(6)  The fee for a biennial certificate of authorization
664	renewal shall not exceed $400.
665	(6)(7)  The fee for licensure by endorsement shall not
666	exceed $200.
667	(7)(8)  The fee for application for inactive status shall
668	not exceed $100.
669	(8)(9)  The fee for reactivation of an inactive license
670	shall not exceed $200.
671	(9)(10)  The fee for applications from providers of
672	continuing education may not exceed $500.
673	Section 18.  Subsections (1) and (2) of section 468.8413,
674	Florida Statutes, are amended, and subsection (6) is added to
675	that section, to read:
676	468.8413  Examinations.-
677	(1)  A person desiring to be licensed as a mold assessor or
678	mold remediator must shall apply to the department after
679	satisfying the examination requirements of this part to take a
680	licensure examination.
681	(2)  An applicant may shall be entitled to take the
682	licensure examination to practice in this state as a mold
683	assessor or mold remediator if he or she passes the required
684	examination, the applicant is of good moral character, and
685	completes has satisfied one of the following requirements:
686	(a)1.  For a mold remediator, at least a 2-year associate
687	of arts degree, or the equivalent, with at least 30 semester
688	hours in microbiology, engineering, architecture, industrial
689	hygiene, occupational safety, or a related field of science from
690	an accredited institution and a minimum of 1 year of documented
691	field experience in a field related to mold remediation; or
692	2.  A high school diploma or the equivalent with a minimum
693	of 4 years of documented field experience in a field related to
694	mold remediation.
695	(b)1.  For a mold assessor, at least a 2-year associate of
696	arts degree, or the equivalent, with at least 30 semester hours
697	in microbiology, engineering, architecture, industrial hygiene,
698	occupational safety, or a related field of science from an
699	accredited institution and a minimum of 1 year of documented
700	field experience in conducting microbial sampling or
701	investigations; or
702	2.  A high school diploma or the equivalent with a minimum
703	of 4 years of documented field experience in conducting
704	microbial sampling or investigations.
705	(6)  An applicant for a license shall submit, together with
706	the application, a complete set of electronic fingerprints to
707	the department. The department shall submit the fingerprints to
708	the Department of Law Enforcement for state processing, and the
709	Department of Law Enforcement shall forward them to the Federal
710	Bureau of Investigation for national processing, to determine
711	whether the applicant has a criminal history record. The
712	department shall review the background results to determine if
713	an applicant meets licensure requirements. The applicant is
714	responsible for the cost associated with processing the
715	fingerprints. The authorized agencies or vendors shall collect
716	such fees and pay for the processing costs due to the Department
717	of Law Enforcement.
718	Section 19.  Subsection (3) of section 468.8414, Florida
719	Statutes, is amended to read:
720	468.8414  Licensure.-
721	(3)  The department shall certify as qualified for a
722	license by endorsement an applicant who is of good moral
723	character, who has the insurance coverage required under s.
724	468.8421, and who:
725	(a)  Is qualified to take the examination as set forth in
726	s. 468.8413 and has passed a certification examination offered
727	by a nationally recognized organization that certifies persons
728	in the specialty of mold assessment or mold remediation that has
729	been approved by the department as substantially equivalent to
730	the requirements of this part and s. 455.217; or
731	(b)  Holds a valid license to practice mold assessment or
732	mold remediation issued by another state or territory of the
733	United States if the criteria for issuance of the license were
734	substantially the same as the licensure criteria that is
735	established by this part as determined by the department.
736	Section 20.  Section 468.8418, Florida Statutes, is amended
737	to read:
738	468.8418  Certification of partnerships and corporations.-
739	(1)  The department shall issue a certificate of
740	authorization to a corporation or partnership offering mold
741	assessment or mold remediation services to the public if the
742	corporation or partnership satisfies all of the requirements of
743	this part.
744	(2)  The practice of or the offer to practice mold
745	assessment or mold remediation by licensees through a
746	corporation or partnership offering mold assessment or mold
747	remediation to the public, or by a corporation or partnership
748	offering such services to the public through licensees under
749	this part as agents, employees, officers, or partners, is
750	permitted subject to the provisions of this part, provided that
751	the corporation or partnership has been issued a certificate of
752	authorization by the department as provided in this section.
753	Nothing in this section shall be construed to allow a
754	corporation to hold a license to practice mold assessment or
755	mold remediation. No corporation or partnership shall be
756	relieved of responsibility for the conduct or acts of its
757	agents, employees, or officers by reason of its compliance with
758	this section, nor shall any individual practicing mold
759	assessment or mold remediation be relieved of responsibility for
760	professional services performed by reason of his or her
761	employment or relationship with a corporation or partnership.
762	(3)  For the purposes of this section, a certificate of
763	authorization shall be required for a corporation, partnership,
764	association, or person practicing under a fictitious name,
765	offering mold assessment or mold remediation; however, when an
766	individual is practicing mold assessment or mold remediation
767	under his or her own given name, he or she shall not be required
768	to register under this section.
769	(4)  Each certificate of authorization shall be renewed
770	every 2 years. Each partnership and corporation certified under
771	this section shall notify the department within 1 month of any
772	change in the information contained in the application upon
773	which the certification is based.
774	(5)  Disciplinary action against a corporation or
775	partnership shall be administered in the same manner and on the
776	same grounds as disciplinary action against a licensed mold
777	assessor or mold remediator.
778	Section 21.  Subsection (1) of section 468.8419, Florida
779	Statutes, is amended, and subsection (4) is added to that
780	section, to read:
781	468.8419  Prohibitions; penalties.-
782	(1)  A person mold assessor, a company that employs a mold
783	assessor, or a company that is controlled by a company that also
784	has a financial interest in a company employing a mold assessor
785	may not:
786	(a)  Effective July 1, 2011, perform or offer to perform
787	any mold assessment unless the mold assessor has documented
788	training in water, mold, and respiratory protection under s.
789	468.8414(2).
790	(b)  Effective July 1, 2011, perform or offer to perform
791	any mold assessment unless the person has complied with the
792	provisions of this part.
793	(c)  Use the name or title "certified mold assessor,"
794	"registered mold assessor," "licensed mold assessor," "mold
795	assessor," "professional mold assessor," or any combination
796	thereof unless the person has complied with the provisions of
797	this part.
798	(d)  Perform or offer to perform any mold remediation to a
799	structure on which the mold assessor or the mold assessor's
800	company provided a mold assessment within the last 12 months.
801	(e)  Inspect for a fee any property in which the assessor
802	or the assessor's company has any financial or transfer
803	interest.
804	(f)  Accept any compensation, inducement, or reward from a
805	mold remediator or mold remediator's company for the referral of
806	any business to the mold remediator or the mold remediator's
807	company.
808	(g)  Offer any compensation, inducement, or reward to a
809	mold remediator or mold remediator's company for the referral of
810	any business from the mold remediator or the mold remediator's
811	company.
812	(h)  Accept an engagement to make an omission of the
813	assessment or conduct an assessment in which the assessment
814	itself, or the fee payable for the assessment, is contingent
815	upon the conclusions of the assessment.
816	(4)  This section does not apply to unlicensed activity as
817	described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
818	which occurs before July 1, 2011.
819	Section 22.  Subsection (1) of section 468.842, Florida
820	Statutes, is amended to read:
821	468.842  Disciplinary proceedings.-
822	(1)  The following acts constitute grounds for which the
823	disciplinary actions in subsection (2) may be taken:
824	(a)  Violation of any provision of this part or s.
825	455.227(1).;
826	(b)  Attempting to procure a license to practice mold
827	assessment or mold remediation by bribery or fraudulent
828	misrepresentations.;
829	(c)  Having a license to practice mold assessment or mold
830	remediation revoked, suspended, or otherwise acted against,
831	including the denial of licensure, by the licensing authority of
832	another state, territory, or country.;
833	(d)  Being convicted or found guilty of, or entering a plea
834	of nolo contendere to, regardless of adjudication, a crime in
835	any jurisdiction that directly relates to the practice of mold
836	assessment or mold remediation or the ability to practice mold
837	assessment or mold remediation.;
838	(e)  Making or filing a report or record that the licensee
839	knows to be false, willfully failing to file a report or record
840	required by state or federal law, willfully impeding or
841	obstructing such filing, or inducing another person to impede or
842	obstruct such filing. Such reports or records shall include only
843	those that are signed in the capacity of a registered mold
844	assessor or mold remediator.;
845	(f)  Advertising goods or services in a manner that is
846	fraudulent, false, deceptive, or misleading in form or content.;
847	(g)  Engaging in fraud or deceit, or negligence,
848	incompetency, or misconduct, in the practice of mold assessment
849	or mold remediation.;
850	(h)  Failing to perform any statutory or legal obligation
851	placed upon a licensed mold assessor or mold remediator;
852	violating any provision of this chapter, a rule of the
853	department, or a lawful order of the department previously
854	entered in a disciplinary hearing; or failing to comply with a
855	lawfully issued subpoena of the department.; or
856	(i)  Practicing on a revoked, suspended, inactive, or
857	delinquent license.
858	(j)  Failing to meet any standard of practice adopted by
859	rule of the department.
860	Section 23.  Subsection (1) of section 468.8421, Florida
861	Statutes, is amended to read:
862	468.8421  Insurance.-
863	(1)  A mold assessor shall maintain general liability and
864	errors and omissions for both preliminary and postremediation
865	mold assessment insurance coverage in an amount of at least $1
866	million not less than $1,000,000.
867	Section 24.  Section 468.8423, Florida Statutes, is amended
868	to read:
869	468.8423  Grandfather clause.-
870	(1)  A person who performs mold assessment or mold
871	remediation as defined in this part may qualify to be licensed
872	by the department as a mold assessor or mold remediator if the
873	person submits his or her application to the department by March
874	1, 2011, whether postmarked or delivered by that date, and if
875	the person: meets the licensure requirements of this part by
876	July 1, 2010.
877	(a)  Is certified as a mold assessor or mold remediator by
878	a state or national association that requires, for such
879	certification, successful completion of a proctored examination
880	on mold assessment or mold remediation, as applicable, and
881	completes at least 60 hours of education on mold assessment or
882	at least 30 hours of education on mold remediation, as
883	applicable; or
884	(b)  At the time of application, has at least 3 years of
885	experience as a mold assessor or mold remediator. To establish
886	the 3 years of experience, an applicant must submit at least 40
887	mold assessments or remediation invoices prepared by the
888	applicant.
889	(2)  The department may investigate the validity of a mold
890	assessment or remediation invoice submitted under paragraph
891	(1)(b) and, if the applicant submits a false assessment or
892	invoice, may take disciplinary action against the applicant
893	under s. 468.842(1)(e) or (g).
894	(3)  An applicant may not qualify for licensure under this
895	section if he or she has had a mold assessor or mold remediator
896	license or a license in any related field revoked at any time or
897	suspended within the previous 5 years or has been assessed a
898	fine that exceeds $500 within the previous 5 years. For purposes
899	of this subsection, a license in a related field includes, but
900	is not limited to, licensure in real estate, construction, home
901	inspection, building code administration or inspection, or
902	indoor air quality.
903	(4)  An applicant for licensure under this section must
904	comply with the good moral character and insurance requirements
905	of this part.
906	Section 25.  Section 468.8424, Florida Statutes, is created
907	to read:
908	468.8424  Rulemaking authority.-The department shall adopt
909	rules to administer this part.
910	Section 26.  Subsection (22) of section 489.103, Florida
911	Statutes, is amended to read:
912	489.103  Exemptions.-This part does not apply to:
913	(22)  A person licensed pursuant to s. 633.061(1)(d) or
914	(3)(2)(b) performing work authorized by such license.
915	Section 27.  Subsections (2), (8), and (9) of section
916	553.37, Florida Statutes, are amended, and subsection (12) is
917	added to that section, to read:
918	553.37  Rules; inspections; and insignia.-
919	(2)  The department shall adopt rules to address:
920	(a)  Procedures and qualifications for approval of third-
921	party plan review and inspection agencies and of those who
922	perform inspections and plan reviews.
923	(b)  Investigation of consumer complaints of noncompliance
924	of manufactured buildings with the Florida Building Code and the
925	Florida Fire Prevention Code.
926	(c)  Issuance, cancellation, and revocation of any insignia
927	issued by the department and procedures for auditing and
928	accounting for disposition of them.
929	(d)  Monitoring the manufacturers', inspection agencies',
930	and plan review agencies' compliance with this part and the
931	Florida Building Code. Monitoring may include, but is not
932	limited to, performing audits of plans, inspections of
933	manufacturing facilities and observation of the manufacturing
934	and inspection process, and onsite inspections of buildings.
935	(e)  The performance by the department and its designees
936	and contractors of any other functions required by this part.
937	(8)  The department, by rule, shall establish a schedule of
938	fees to pay the cost of the administration and enforcement of
939	this part. The rule may provide for manufacturers to pay fees to
940	the administrator directly via the Building Code Information
941	System.
942	(9)  The department may delegate its enforcement authority
943	to a state department having building construction
944	responsibilities or a local government and may enter into
945	contracts for the performance of its administrative duties under
946	this part. The department may delegate its plan review and
947	inspection authority to one or more of the following in any
948	combination:
949	(a)  A state department having building construction
950	responsibilities;
951	(b)  A local government;
952	(c)  An approved inspection agency;
953	(d)  An approved plan review agency; or
954	(e)  An agency of another state.
955	(12)  Custom or one-of-a-kind prototype manufactured
956	buildings are not required to have state approval, but must be
957	in compliance with all local requirements of the governmental
958	agency having jurisdiction at the installation site.
959	Section 28.  Section 553.375, Florida Statutes, is amended
960	to read:
961	553.375  Recertification of manufactured buildings.-Prior
962	to the relocation to a site that has a higher design wind speed,
963	modification, or change of occupancy of a manufactured building
964	within the state, the manufacturer, dealer, or owner thereof may
965	apply to the department for recertification of that manufactured
966	building. The department shall, by rule, provide what
967	information the applicant must submit for recertification and
968	for plan review and inspection of such manufactured buildings
969	and shall establish fees for recertification. Upon a
970	determination by the department that the manufactured building
971	complies with the applicable building codes, the department
972	shall issue a recertification insignia. A manufactured building
973	that bears recertification insignia does not require any
974	additional approval by an enforcement jurisdiction in which the
975	building is sold or installed, and is considered to comply with
976	all applicable codes. As an alternative to recertification by
977	the department, the manufacturer, dealer, or owner of a
978	manufactured building may seek appropriate permitting and a
979	certificate of occupancy from the local jurisdiction in
980	accordance with procedures generally applicable under the
981	Florida Building Code.
982	Section 29.  Section 553.509, Florida Statutes, is amended
983	to read:
984	553.509  Vertical accessibility.-
985	(1)  Nothing in ss. 553.501-553.513 or the guidelines shall
986	be construed to relieve the owner of any building, structure, or
987	facility governed by those sections from the duty to provide
988	vertical accessibility to all levels above and below the
989	occupiable grade level, regardless of whether the guidelines
990	require an elevator to be installed in such building, structure,
991	or facility, except for:
992	(a)  Elevator pits, elevator penthouses, mechanical rooms,
993	piping or equipment catwalks, and automobile lubrication and
994	maintenance pits and platforms;
995	(b)  Unoccupiable spaces, such as rooms, enclosed spaces,
996	and storage spaces that are not designed for human occupancy,
997	for public accommodations, or for work areas; and
998	(c)  Occupiable spaces and rooms that are not open to the
999	public and that house no more than five persons, including, but
1000	not limited to, equipment control rooms and projection booths.
1001	(2)(a)  Any person, firm, or corporation that owns,
1002	manages, or operates a residential multifamily dwelling,
1003	including a condominium, that is at least 75 feet high and
1004	contains a public elevator, as described in s. 399.035(2) and
1005	(3) and rules adopted by the Florida Building Commission, shall
1006	have at least one public elevator that is capable of operating
1007	on an alternate power source for emergency purposes. Alternate
1008	power shall be available for the purpose of allowing all
1009	residents access for a specified number of hours each day over a
1010	5-day period following a natural disaster, manmade disaster,
1011	emergency, or other civil disturbance that disrupts the normal
1012	supply of electricity. The alternate power source that controls
1013	elevator operations must also be capable of powering any
1014	connected fire alarm system in the building.
1015	(b)  At a minimum, the elevator must be appropriately
1016	prewired and prepared to accept an alternate power source and
1017	must have a connection on the line side of the main disconnect,
1018	pursuant to National Electric Code Handbook, Article 700. In
1019	addition to the required power source for the elevator and
1020	connected fire alarm system in the building, the alternate power
1021	supply must be sufficient to provide emergency lighting to the
1022	interior lobbies, hallways, and other portions of the building
1023	used by the public. Residential multifamily dwellings must have
1024	an available generator and fuel source on the property or have
1025	proof of a current contract posted in the elevator machine room
1026	or other place conspicuous to the elevator inspector affirming a
1027	current guaranteed service contract for such equipment and fuel
1028	source to operate the elevator on an on-call basis within 24
1029	hours after a request. By December 31, 2006, any person, firm or
1030	corporation that owns, manages, or operates a residential
1031	multifamily dwelling as defined in paragraph (a) must provide to
1032	the local building inspection agency verification of engineering
1033	plans for residential multifamily dwellings that provide for the
1034	capability to generate power by alternate means. Compliance with
1035	installation requirements and operational capability
1036	requirements must be verified by local building inspectors and
1037	reported to the county emergency management agency by December
1038	31, 2007.
1039	(c)  Each newly constructed residential multifamily
1040	dwelling, including a condominium, that is at least 75 feet high
1041	and contains a public elevator, as described in s. 399.035(2)
1042	and (3) and rules adopted by the Florida Building Commission,
1043	must have at least one public elevator that is capable of
1044	operating on an alternate power source for the purpose of
1045	allowing all residents access for a specified number of hours
1046	each day over a 5-day period following a natural disaster,
1047	manmade disaster, emergency, or other civil disturbance that
1048	disrupts the normal supply of electricity. The alternate power
1049	source that controls elevator operations must be capable of
1050	powering any connected fire alarm system in the building. In
1051	addition to the required power source for the elevator and
1052	connected fire alarm system, the alternate power supply must be
1053	sufficient to provide emergency lighting to the interior
1054	lobbies, hallways, and other portions of the building used by
1055	the public. Engineering plans and verification of operational
1056	capability must be provided by the local building inspector to
1057	the county emergency management agency before occupancy of the
1058	newly constructed building.
1059	(d)  Each person, firm, or corporation that is required to
1060	maintain an alternate power source under this subsection shall
1061	maintain a written emergency operations plan that details the
1062	sequence of operations before, during, and after a natural or
1063	manmade disaster or other emergency situation. The plan must
1064	include, at a minimum, a lifesafety plan for evacuation,
1065	maintenance of the electrical and lighting supply, and
1066	provisions for the health, safety, and welfare of the residents.
1067	In addition, the owner, manager, or operator of the residential
1068	multifamily dwelling must keep written records of any contracts
1069	for alternative power generation equipment. Also, quarterly
1070	inspection records of lifesafety equipment and alternate power
1071	generation equipment must be posted in the elevator machine room
1072	or other place conspicuous to the elevator inspector, which
1073	confirm that such equipment is properly maintained and in good
1074	working condition, and copies of contracts for alternate power
1075	generation equipment shall be maintained on site for
1076	verification. The written emergency operations plan and
1077	inspection records shall also be open for periodic inspection by
1078	local and state government agencies as deemed necessary. The
1079	owner or operator must keep a generator key in a lockbox posted
1080	at or near any installed generator unit.
1081	(e)  Multistory affordable residential dwellings for
1082	persons age 62 and older that are financed or insured by the
1083	United States Department of Housing and Urban Development must
1084	make every effort to obtain grant funding from the Federal
1085	Government or the Florida Housing Finance Corporation to comply
1086	with this subsection. If an owner of such a residential dwelling
1087	cannot comply with the requirements of this subsection, the
1088	owner must develop a plan with the local emergency management
1089	agency to ensure that residents are evacuated to a place of
1090	safety in the event of a power outage resulting from a natural
1091	or manmade disaster or other emergency situation that disrupts
1092	the normal supply of electricity for an extended period of time.
1093	A place of safety may include, but is not limited to, relocation
1094	to an alternative site within the building or evacuation to a
1095	local shelter.
1096	(f)  As a part of the annual elevator inspection required
1097	under s. 399.061, certified elevator inspectors shall confirm
1098	that all installed generators required by this chapter are in
1099	working order, have current inspection records posted in the
1100	elevator machine room or other place conspicuous to the elevator
1101	inspector, and that the required generator key is present in the
1102	lockbox posted at or near the installed generator. If a building
1103	does not have an installed generator, the inspector shall
1104	confirm that the appropriate prewiring and switching
1105	capabilities are present and that a statement is posted in the
1106	elevator machine room or other place conspicuous to the elevator
1107	inspector affirming a current guaranteed contract exists for
1108	contingent services for alternate power is current for the
1109	operating period.
1110	(2)  Notwithstanding any provision of subsection (1)
1111	However, buildings, structures, and facilities must, at as a
1112	minimum, comply with the requirements in the Americans with
1113	Disabilities Act Accessibility Guidelines.
1114	Section 30.  Subsection (1) of section 553.512, Florida
1115	Statutes, is amended to read:
1116	553.512  Modifications and waivers; advisory council.-
1117	(1)  The Florida Building Commission shall provide by
1118	regulation criteria for granting individual modifications of, or
1119	exceptions from, the literal requirements of this part upon a
1120	determination of unnecessary, unreasonable, or extreme hardship,
1121	provided such waivers shall not violate federal accessibility
1122	laws and regulations and shall be reviewed by the Accessibility
1123	Advisory Council. The commission shall establish by rule a fee
1124	to be paid upon submitting a request for a waiver as provided in
1125	this section. Notwithstanding any other provision of this
1126	subsection, if an applicant for a waiver demonstrates economic
1127	hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
1128	shall be granted. The commission may not consider waiving any of
1129	the requirements of s. 553.5041 unless the applicant first
1130	demonstrates that she or he has applied for and been denied
1131	waiver or variance from all local government zoning, subdivision
1132	regulations, or other ordinances that prevent compliance
1133	therewith. Further, the commission may not waive the requirement
1134	of s. 553.5041(5)(a) and (c)1. governing the minimum width of
1135	accessible routes and minimum width of accessible parking
1136	spaces.
1137	Section 31.  Section 553.721, Florida Statutes, is amended
1138	to read:
1139	553.721  Surcharge.-
1140	(1)  In order for the Department of Community Affairs to
1141	administer and carry out the purposes of this part and related
1142	activities, there is hereby created a surcharge, to be assessed
1143	at the rate of 1.5 percent of the permit fees associated with
1144	enforcement of the Florida Building Code on any permits issued
1145	for new construction, repairs, renovations, alterations, and
1146	additions. This includes permits issued for electrical, gas,
1147	mechanical, plumbing, and roofing work. The minimum amount
1148	collected on any permit issued shall be $2 one-half cent per
1149	square foot under-roof floor space permitted pursuant
1150	125.56(4) or s. 166.201. However, for additions,
1151	renovations to existing buildings, the surcharge
1152	computed on the basis of the square footage being added,
1153	altered, or renovated. The unit of government responsible for
1154	collecting a permit fee pursuant to s. 125.56(4) or s. 166.201
1155	shall collect such surcharge and electronically remit the funds
1156	collected to the department on a quarterly calendar basis, and
1157	such unit of government shall may retain 10 an amount up to 5
1158	percent of the surcharge collected to fund the participation of
1159	building departments in the national and state building code
1160	adoption processes and to provide education related to
1161	enforcement of the Florida Building Code cover costs associated
1162	with the collection and remittance of such surcharge. All funds
1163	remitted to the department pursuant to this subsection shall be
1164	deposited in the Operating Trust Fund. Funds collected from such
1165	surcharge shall be used exclusively for the duties of the
1166	Florida Building Commission and the Department of Community
1167	Affairs not be used to fund research on techniques for
1168	mitigation of radon in existing buildings. Funds used by the
1169	department as well as funds to be transferred to the Department
1170	of Health shall be as prescribed in the annual General
1171	Appropriations Act. The department shall adopt rules governing
1172	the collection and remittance of surcharges in accordance with
1173	chapter 120.
1174	(2)  Notwithstanding subsection (1), and for the 2008-2009
1175	fiscal year only, the amount transferred from the Operating
1176	Trust Fund to the Grants and Donations Trust Fund of the
1177	Department of Community Affairs pursuant to the General
1178	Appropriations Act for the 2008-2009 fiscal year shall be used
1179	for the regional planning councils, civil legal assistance, and
1180	the Front Porch Florida Initiative.
1181	Section 32.  Subsections (2) and (3) and paragraph (b) of
1182	subsection (4) of section 553.73, Florida Statutes, are amended,
1183	present subsections (5) through (13) of that section are
1184	renumbered as subsections (6) through (14), respectively, a new
1185	subsection (5) is added to that section, paragraph (a) of
1186	present subsection (6) and present subsections (7) and (9) of
1187	that section are amended, and subsection (15) is added to that
1188	section, to read:
1189	553.73  Florida Building Code.-
1190	(2)  The Florida Building Code shall contain provisions or
1191	requirements for public and private buildings, structures, and
1192	facilities relative to structural, mechanical, electrical,
1193	plumbing, energy, and gas systems, existing buildings,
1194	historical buildings, manufactured buildings, elevators, coastal
1195	construction, lodging facilities, food sales and food service
1196	facilities, health care facilities, including assisted living
1197	facilities, adult day care facilities, hospice residential and
1198	inpatient facilities and units, and facilities for the control
1199	of radiation hazards, public or private educational facilities,
1200	swimming pools, and correctional facilities and enforcement of
1201	and compliance with such provisions or requirements. Further,
1202	the Florida Building Code must provide for uniform
1203	implementation of ss. 515.25, 515.27, and 515.29 by including
1204	standards and criteria for residential swimming pool barriers,
1205	pool covers, latching devices, door and window exit alarms, and
1206	other equipment required therein, which are consistent with the
1207	intent of s. 515.23. Technical provisions to be contained within
1208	the Florida Building Code are restricted to requirements related
1209	to the types of materials used and construction methods and
1210	standards employed in order to meet criteria specified in the
1211	Florida Building Code. Provisions relating to the personnel,
1212	supervision or training of personnel, or any other professional
1213	qualification requirements relating to contractors or their
1214	workforce may not be included within the Florida Building Code,
1215	and subsections (4), (5), (6), (7), and (8), and (9) are not to
1216	be construed to allow the inclusion of such provisions within
1217	the Florida Building Code by amendment. This restriction applies
1218	to both initial development and amendment of the Florida
1219	Building Code.
1220	(3)  The commission shall select from available national or
1221	international model building codes, or other available building
1222	codes and standards currently recognized by the laws of this
1223	state, to form the foundation for the Florida Building Code. The
1224	commission may modify the selected model codes and standards as
1225	needed to accommodate the specific needs of this state.
1226	Standards or criteria referenced by the selected model codes
1227	shall be similarly incorporated by reference. If a referenced
1228	standard or criterion requires amplification or modification to
1229	be appropriate for use in this state, only the amplification or
1230	modification shall be specifically set forth in the Florida
1231	Building Code. The Florida Building Commission may approve
1232	technical amendments to the code, subject to the requirements of
1233	subsections (8) (7) and (9) (8), after the amendments have been
1234	subject to the following conditions:
1235	(a)  The proposed amendment has been published on the
1236	commission's website for a minimum of 45 days and all the
1237	associated documentation has been made available to any
1238	interested party before any consideration by any Technical
1239	Advisory Committee;
1240	(b)  In order for a Technical Advisory Committee to make a
1241	favorable recommendation to the commission, the proposal must
1242	receive a three-fourths vote of the members present at the
1243	Technical Advisory Committee meeting and at least half of the
1244	regular members must be present in order to conduct a meeting;
1245	(c)  After Technical Advisory Committee consideration and a
1246	recommendation for approval of any proposed amendment, the
1247	proposal must be published on the commission's website for not
1248	less than 45 days before any consideration by the commission;
1249	and
1250	(d)  Any proposal may be modified by the commission based
1251	on public testimony and evidence from a public hearing held in
1252	accordance with chapter 120.
1253
1254	The commission shall incorporate within sections of the Florida
1255	Building Code provisions which address regional and local
1256	concerns and variations. The commission shall make every effort
1257	to minimize conflicts between the Florida Building Code, the
1258	Florida Fire Prevention Code, and the Life Safety Code.
1259	(4)
1260	(b)  Local governments may, subject to the limitations of
1261	this section, adopt amendments to the technical provisions of
1262	the Florida Building Code which apply solely within the
1263	jurisdiction of such government and which provide for more
1264	stringent requirements than those specified in the Florida
1265	Building Code, not more than once every 6 months. A local
1266	government may adopt technical amendments that address local
1267	needs if:
1268	1.  The local governing body determines, following a public
1269	hearing which has been advertised in a newspaper of general
1270	circulation at least 10 days before the hearing, that there is a
1271	need to strengthen the requirements of the Florida Building
1272	Code. The determination must be based upon a review of local
1273	conditions by the local governing body, which review
1274	demonstrates by evidence or data that the geographical
1275	jurisdiction governed by the local governing body exhibits a
1276	local need to strengthen the Florida Building Code beyond the
1277	needs or regional variation addressed by the Florida Building
1278	Code, that the local need is addressed by the proposed local
1279	amendment, and that the amendment is no more stringent than
1280	necessary to address the local need.
1281	2.  Such additional requirements are not discriminatory
1282	against materials, products, or construction techniques of
1283	demonstrated capabilities.
1284	3.  Such additional requirements may not introduce a new
1285	subject not addressed in the Florida Building Code.
1286	4.  The enforcing agency shall make readily available, in a
1287	usable format, all amendments adopted pursuant to this section.
1288	5.  Any amendment to the Florida Building Code shall be
1289	transmitted within 30 days by the adopting local government to
1290	the commission. The commission shall maintain copies of all such
1291	amendments in a format that is usable and obtainable by the
1292	public. Local technical amendments shall not become effective
1293	until 30 days after the amendment has been received and
1294	published by the commission.
1295	6.  Any amendment to the Florida Building Code adopted by a
1296	local government pursuant to this paragraph shall be effective
1297	only until the adoption by the commission of the new edition of
1298	the Florida Building Code every third year. At such time, the
1299	commission shall review such amendment for consistency with the
1300	criteria in paragraph (9)(8)(a) and adopt such amendment as part
1301	of the Florida Building Code or rescind the amendment. The
1302	commission shall immediately notify the respective local
1303	government of the rescission of any amendment. After receiving
1304	such notice, the respective local government may readopt the
1305	rescinded amendment pursuant to the provisions of this
1306	paragraph.
1307	7.  Each county and municipality desiring to make local
1308	technical amendments to the Florida Building Code shall by
1309	interlocal agreement establish a countywide compliance review
1310	board to review any amendment to the Florida Building Code,
1311	adopted by a local government within the county pursuant to this
1312	paragraph, that is challenged by any substantially affected
1313	party for purposes of determining the amendment's compliance
1314	with this paragraph. If challenged, the local technical
1315	amendments shall not become effective until time for filing an
1316	appeal pursuant to subparagraph 8. has expired or, if there is
1317	an appeal, until the commission issues its final order
1318	determining the adopted amendment is in compliance with this
1319	subsection.
1320	8.  If the compliance review board determines such
1321	amendment is not in compliance with this paragraph, the
1322	compliance review board shall notify such local government of
1323	the noncompliance and that the amendment is invalid and
1324	unenforceable until the local government corrects the amendment
1325	to bring it into compliance. The local government may appeal the
1326	decision of the compliance review board to the commission. If
1327	the compliance review board determines such amendment to be in
1328	compliance with this paragraph, any substantially affected party
1329	may appeal such determination to the commission. Any such appeal
1330	shall be filed with the commission within 14 days of the board's
1331	written determination. The commission shall promptly refer the
1332	appeal to the Division of Administrative Hearings for the
1333	assignment of an administrative law judge. The administrative
1334	law judge shall conduct the required hearing within 30 days, and
1335	shall enter a recommended order within 30 days of the conclusion
1336	of such hearing. The commission shall enter a final order within
1337	30 days thereafter. The provisions of chapter 120 and the
1338	uniform rules of procedure shall apply to such proceedings. The
1339	local government adopting the amendment that is subject to
1340	challenge has the burden of proving that the amendment complies
1341	with this paragraph in proceedings before the compliance review
1342	board and the commission, as applicable. Actions of the
1343	commission are subject to judicial review pursuant to s. 120.68.
1344	The compliance review board shall determine whether its
1345	decisions apply to a respective local jurisdiction or apply
1346	countywide.
1347	9.  An amendment adopted under this paragraph shall include
1348	a fiscal impact statement which documents the costs and benefits
1349	of the proposed amendment. Criteria for the fiscal impact
1350	statement shall include the impact to local government relative
1351	to enforcement, the impact to property and building owners, as
1352	well as to industry, relative to the cost of compliance. The
1353	fiscal impact statement may not be used as a basis for
1354	challenging the amendment for compliance.
1355	10.  In addition to subparagraphs 7. and 9., the commission
1356	may review any amendments adopted pursuant to this subsection
1357	and make nonbinding recommendations related to compliance of
1358	such amendments with this subsection.
1359	(5)  Notwithstanding subsection (4), counties and
1360	municipalities may adopt by ordinance an administrative or
1361	technical amendment to the Florida Building Code relating to
1362	flood resistance in order to implement the National Flood
1363	Insurance Program or incentives. Specifically, an administrative
1364	amendment may assign the duty to enforce all or portions of
1365	flood-related code provisions to the appropriate agencies of the
1366	local government and adopt procedures for variances and
1367	exceptions from flood-related code provisions other than
1368	provisions for structures seaward of the coastal construction
1369	control line consistent with the requirements in 44 C.F.R. s.
1370	60.6. A technical amendment is authorized to the extent it is
1371	more stringent than the code. A technical amendment is not
1372	subject to the requirements of subsection (4) and may not be
1373	rendered void when the code is updated if the amendment is
1374	adopted for the purpose of participating in the Community Rating
1375	System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
1376	had already been adopted by local ordinance prior to July 1,
1377	2010, or the amendment requires a design flood elevation above
1378	the base flood elevation. Any amendment adopted pursuant to this
1379	subsection shall be transmitted to the commission within 30 days
1380	after being adopted.
1381	(7)(6)(a)  The commission, by rule adopted pursuant to ss.
1382	120.536(1) and 120.54, shall update the Florida Building Code
1383	every 3 years. When updating the Florida Building Code, the
1384	commission shall select the most current version of the
1385	International Building Code, the International Fuel Gas Code,
1386	the International Mechanical Code, the International Plumbing
1387	Code, and the International Residential Code, all of which are
1388	adopted by the International Code Council, and the National
1389	Electrical Code, which is adopted by the National Fire
1390	Protection Association, to form the foundation codes of the
1391	updated Florida Building Code, if the version has been adopted
1392	by the applicable model code entity and made available to the
1393	public at least 6 months prior to its selection by the
1394	commission. The commission shall select the most current version
1395	of the International Energy Conservation Code (IECC) as a
1396	foundation code; however, the IECC shall be modified by the
1397	commission to maintain the efficiencies of the Florida Energy
1398	Efficiency Code for Building Construction adopted and amended
1399	pursuant to s. 553.901.
1400	(8)(7)  Notwithstanding the provisions of subsection (3) or
1401	subsection (7) (6), the commission may address issues identified
1402	in this subsection by amending the code pursuant only to the
1403	rule adoption procedures contained in chapter 120. Provisions of
1404	the Florida Building Code, including those contained in
1405	referenced standards and criteria, relating to wind resistance
1406	or the prevention of water intrusion may not be amended pursuant
1407	to this subsection to diminish those construction requirements;
1408	however, the commission may, subject to conditions in this
1409	subsection, amend the provisions to enhance those construction
1410	requirements. Following the approval of any amendments to the
1411	Florida Building Code by the commission and publication of the
1412	amendments on the commission's website, authorities having
1413	jurisdiction to enforce the Florida Building Code may enforce
1414	the amendments. The commission may approve amendments that are
1415	needed to address:
1416	(a)  Conflicts within the updated code;
1417	(b)  Conflicts between the updated code and the Florida
1418	Fire Prevention Code adopted pursuant to chapter 633;
1419	(c)  The omission of previously adopted Florida-specific
1420	amendments to the updated code if such omission is not supported
1421	by a specific recommendation of a technical advisory committee
1422	or particular action by the commission;
1423	(d)  Unintended results from the integration of previously
1424	adopted Florida-specific amendments with the model code;
1425	(e)  Equivalency of standards;
1426	(f)(e)  Changes to or inconsistencies with federal or state
1427	law; or
1428	(g)(f)  Adoption of an updated edition of the National
1429	Electrical Code if the commission finds that delay of
1430	implementing the updated edition causes undue hardship to
1431	stakeholders or otherwise threatens the public health, safety,
1432	and welfare.
1433	(10)(9)  The following buildings, structures, and
1434	facilities are exempt from the Florida Building Code as provided
1435	by law, and any further exemptions shall be as determined by the
1436	Legislature and provided by law:
1437	(a)  Buildings and structures specifically regulated and
1438	preempted by the Federal Government.
1439	(b)  Railroads and ancillary facilities associated with the
1440	railroad.
1441	(c)  Nonresidential farm buildings on farms.
1442	(d)  Temporary buildings or sheds used exclusively for
1443	construction purposes.
1444	(e)  Mobile or modular structures used as temporary
1445	offices, except that the provisions of part II relating to
1446	accessibility by persons with disabilities shall apply to such
1447	mobile or modular structures.
1448	(f)  Those structures or facilities of electric utilities,
1449	as defined in s. 366.02, which are directly involved in the
1450	generation, transmission, or distribution of electricity.
1451	(g)  Temporary sets, assemblies, or structures used in
1452	commercial motion picture or television production, or any
1453	sound-recording equipment used in such production, on or off the
1454	premises.
1455	(h)  Storage sheds that are not designed for human
1456	habitation and that have a floor area of 720 square feet or less
1457	are not required to comply with the mandatory wind-borne-debris-
1458	impact standards of the Florida Building Code.
1459	(i)  Chickees constructed by the Miccosukee Tribe of
1460	Indians of Florida or the Seminole Tribe of Florida. As used in
1461	this paragraph, the term "chickee" means an open-sided wooden
1462	hut that has a thatched roof of palm or palmetto or other
1463	traditional materials, and that does not incorporate any
1464	electrical, plumbing, or other nonwood features.
1465	(j)  Family mausoleums not exceeding 250 square feet in
1466	area which are prefabricated and assembled on site or
1467	preassembled and delivered on site and have walls, roofs, and a
1468	floor constructed of granite, marble, or reinforced concrete.
1469
1470	With the exception of paragraphs (a), (b), (c), and (f), in
1471	order to preserve the health, safety, and welfare of the public,
1472	the Florida Building Commission may, by rule adopted pursuant to
1473	chapter 120, provide for exceptions to the broad categories of
1474	buildings exempted in this section, including exceptions for
1475	application of specific sections of the code or standards
1476	adopted therein. The Department of Agriculture and Consumer
1477	Services shall have exclusive authority to adopt by rule,
1478	pursuant to chapter 120, exceptions to nonresidential farm
1479	buildings exempted in paragraph (c) when reasonably necessary to
1480	preserve public health, safety, and welfare. The exceptions must
1481	be based upon specific criteria, such as under-roof floor area,
1482	aggregate electrical service capacity, HVAC system capacity, or
1483	other building requirements. Further, the commission may
1484	recommend to the Legislature additional categories of buildings,
1485	structures, or facilities which should be exempted from the
1486	Florida Building Code, to be provided by law. The Florida
1487	Building Code does not apply to temporary housing provided by
1488	the Department of Corrections to any prisoner in the state
1489	correctional system.
1490	(15)  An agency or local government may not require that
1491	existing mechanical equipment on the surface of a roof be
1492	installed in compliance with the requirements of the Florida
1493	Building Code until the equipment is required to be removed or
1494	replaced.
1495	Section 33.  Subsection (5) is added to section 553.74,
1496	Florida Statutes, to read:
1497	553.74  Florida Building Commission.-
1498	(5)  Notwithstanding s. 112.313 or any other provision of
1499	law, a member of any of commission's technical advisory
1500	committees or a member of any other advisory committee or
1501	workgroup of the commission, does not have an impermissible
1502	conflict of interest when representing clients before the
1503	commission or one of its committees or workgroups. However, the
1504	member, in his or her capacity as member of the committee or
1505	workgroup, may not take part in any discussion on or take action
1506	on any matter in which he or she has a direct financial
1507	interest.
1508	Section 34.  Subsection (2) of section 553.76, Florida
1509	Statutes, is amended to read:
1510	553.76  General powers of the commission.-The commission is
1511	authorized to:
1512	(2)  Issue memoranda of procedure for its internal
1513	management and control. The commission may adopt rules related
1514	to its consensus-based decisionmaking process, including, but
1515	not limited to, super majority voting requirements for
1516	commission actions relating to the adoption of the Florida
1517	Building Code or amendments to the code.
1518	Section 35.  Subsections (2) and (4) of section 553.775,
1519	Florida Statutes, are amended to read:
1520	553.775  Interpretations.-
1521	(2)  Local enforcement agencies, local building officials,
1522	state agencies, and the commission shall interpret provisions of
1523	the Florida Building Code in a manner that is consistent with
1524	declaratory statements and interpretations entered by the
1525	commission, except that conflicts between the Florida Fire
1526	Prevention Code and the Florida Building Code shall be resolved
1527	in accordance with s. 553.73(11)(10)(c) and (d).
1528	(4)  In order to administer this section, the commission
1529	may adopt by rule and impose a fee for filing requests for
1530	declaratory statements and binding and nonbinding
1531	interpretations to recoup the cost of the proceedings which may
1532	not exceed $125 for each request for a nonbinding interpretation
1533	and $250 for each request for a binding review or
1534	interpretation. For proceedings conducted by or in coordination
1535	with a third-party, the rule may provide that payment be made
1536	directly to the third party, who shall remit to the department
1537	that portion of the fee necessary to cover the costs of the
1538	department.
1539	Section 36.  Subsection (9) of section 553.79, Florida
1540	Statutes, is amended to read:
1541	553.79  Permits; applications; issuance; inspections.-
1542	(9)  Any state agency whose enabling legislation authorizes
1543	it to enforce provisions of the Florida Building Code may enter
1544	into an agreement with any other unit of government to delegate
1545	its responsibility to enforce those provisions and may expend
1546	public funds for permit and inspection fees, which fees may be
1547	no greater than the fees charged others. Inspection services
1548	that are not required to be performed by a state agency under a
1549	federal delegation of responsibility or by a state agency under
1550	the Florida Building Code must be performed under the
1551	alternative plans review and inspection process created in s.
1552	553.791 or by a local governmental entity having authority to
1553	enforce the Florida Building Code.
1554	Section 37.  For the purpose of incorporating the amendment
1555	made by this act to section 553.79, Florida Statutes, in a
1556	reference thereto, subsection (1) of section 553.80, Florida
1557	Statutes, is reenacted, and paragraph (c) of subsection (1) and
1558	subsection (3) of that section are amended, to read:
1559	553.80  Enforcement.-
1560	(1)  Except as provided in paragraphs (a)-(g), each local
1561	government and each legally constituted enforcement district
1562	with statutory authority shall regulate building construction
1563	and, where authorized in the state agency's enabling
1564	legislation, each state agency shall enforce the Florida
1565	Building Code required by this part on all public or private
1566	buildings, structures, and facilities, unless such
1567	responsibility has been delegated to another unit of government
1568	pursuant to s. 553.79(9).
1569	(a)  Construction regulations relating to correctional
1570	facilities under the jurisdiction of the Department of
1571	Corrections and the Department of Juvenile Justice are to be
1572	enforced exclusively by those departments.
1573	(b)  Construction regulations relating to elevator
1574	equipment under the jurisdiction of the Bureau of Elevators of
1575	the Department of Business and Professional Regulation shall be
1576	enforced exclusively by that department.
1577	(c)  In addition to the requirements of s. 553.79 and this
1578	section, facilities subject to the provisions of chapter 395 and
1579	parts part II and VIII of chapter 400 shall have facility plans
1580	reviewed and construction surveyed by the state agency
1581	authorized to do so under the requirements of chapter 395 and
1582	parts part II and VIII of chapter 400 and the certification
1583	requirements of the Federal Government. Facilities subject to
1584	the provisions of part IV of chapter 400 may have facility plans
1585	reviewed and shall have construction surveyed by the state
1586	agency authorized to do so under the requirements of part IV of
1587	chapter 400 and the certification requirements of the Federal
1588	Government.
1589	(d)  Building plans approved under s. 553.77(3) and state-
1590	approved manufactured buildings, including buildings
1591	manufactured and assembled offsite and not intended for
1592	habitation, such as lawn storage buildings and storage sheds,
1593	are exempt from local code enforcing agency plan reviews except
1594	for provisions of the code relating to erection, assembly, or
1595	construction at the site. Erection, assembly, and construction
1596	at the site are subject to local permitting and inspections.
1597	Lawn storage buildings and storage sheds bearing the insignia of
1598	approval of the department are not subject to s. 553.842. Such
1599	buildings that do not exceed 400 square feet may be delivered
1600	and installed without need of a contractor's or specialty
1601	license.
1602	(e)  Construction regulations governing public schools,
1603	state universities, and community colleges shall be enforced as
1604	provided in subsection (6).
1605	(f)  The Florida Building Code as it pertains to toll
1606	collection facilities under the jurisdiction of the turnpike
1607	enterprise of the Department of Transportation shall be enforced
1608	exclusively by the turnpike enterprise.
1609	(g)  Construction regulations relating to secure mental
1610	health treatment facilities under the jurisdiction of the
1611	Department of Children and Family Services shall be enforced
1612	exclusively by the department in conjunction with the Agency for
1613	Health Care Administration's review authority under paragraph
1614	(c).
1615
1616	The governing bodies of local governments may provide a schedule
1617	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1618	section, for the enforcement of the provisions of this part.
1619	Such fees shall be used solely for carrying out the local
1620	government's responsibilities in enforcing the Florida Building
1621	Code. The authority of state enforcing agencies to set fees for
1622	enforcement shall be derived from authority existing on July 1,
1623	1998. However, nothing contained in this subsection shall
1624	operate to limit such agencies from adjusting their fee schedule
1625	in conformance with existing authority.
1626	(3)(a)  Each enforcement district shall be governed by a
1627	board, the composition of which shall be determined by the
1628	affected localities.
1629	(b)1.  At its own option, each enforcement district or
1630	local enforcement agency may adopt promulgate rules granting to
1631	the owner of a single-family residence one or more exemptions
1632	from the Florida Building Code relating to:
1633	a.(a)  Addition, alteration, or repairs performed by the
1634	property owner upon his or her own property, provided any
1635	addition or alteration shall not exceed 1,000 square feet or the
1636	square footage of the primary structure, whichever is less.
1637	b.(b)  Addition, alteration, or repairs by a nonowner
1638	within a specific cost limitation set by rule, provided the
1639	total cost shall not exceed $5,000 within any 12-month period.
1640	c.(c)  Building and inspection fees.
1641	2.  However, the exemptions under subparagraph 1. do not
1642	apply to single-family residences that are located in mapped
1643	flood hazard areas, as defined in the code, unless the
1644	enforcement district or local enforcement agency has determined
1645	that the work, which is otherwise exempt, does not constitute a
1646	substantial improvement, including the repair of substantial
1647	damage, of such single-family residences.
1648	3.  Each code exemption, as defined in sub-subparagraphs
1649	1.a, b., and c. paragraphs (a), (b), and (c), shall be certified
1650	to the local board 10 days prior to implementation and shall
1651	only be effective in the territorial jurisdiction of the
1652	enforcement district or local enforcement agency implementing
1653	it.
1654	Section 38.  Subsections (4) through (9) of section
1655	553.841, Florida Statutes, are amended to read:
1656	553.841  Building code compliance and mitigation program.-
1657	(4)  The department, In administering the Florida Building
1658	Code Compliance and Mitigation Program, the department shall
1659	maintain, update, develop, or cause to be developed:
1660	(a)  A core curriculum that is prerequisite to the advanced
1661	module coursework.
1662	(b)  advanced modules designed for use by each profession.
1663	(c)  The core curriculum developed under this subsection
1664	must be submitted to the Department of Business and Professional
1665	Regulation for approval. Advanced modules developed under this
1666	paragraph must be approved by the commission and submitted to
1667	the respective boards for approval.
1668	(5)  The core curriculum shall cover the information
1669	required to have all categories of participants appropriately
1670	informed as to their technical and administrative
1671	responsibilities in the effective execution of the code process
1672	by all individuals currently licensed under part XII of chapter
1673	468, chapter 471, chapter 481, or chapter 489, except as
1674	otherwise provided in s. 471.017. The core curriculum shall be
1675	prerequisite to the advanced module coursework for all licensees
1676	and shall be completed by individuals licensed in all categories
1677	under part XII of chapter 468, chapter 471, chapter 481, or
1678	chapter 489 within the first 2-year period after initial
1679	licensure. Core course hours taken by licensees to complete this
1680	requirement shall count toward fulfillment of required
1681	continuing education units under part XII of chapter 468,
1682	chapter 471, chapter 481, or chapter 489.
1683	(5)(6)  Each biennium, upon receipt of funds by the
1684	Department of Community Affairs from the Construction Industry
1685	Licensing Board and the Electrical Contractors' Licensing Board
1686	provided under ss. 489.109(3) and 489.509(3), the department
1687	shall determine the amount of funds available for the Florida
1688	Building Code Compliance and Mitigation Program.
1689	(6)(7)  If the projects provided through the Florida
1690	Building Code Compliance and Mitigation Program in any state
1691	fiscal year do not require the use of all available funds, the
1692	unused funds shall be carried forward and allocated for use
1693	during the following fiscal year.
1694	(7)(8)  The Florida Building Commission shall provide by
1695	rule for the accreditation of courses related to the Florida
1696	Building Code by accreditors approved by the commission. The
1697	commission shall establish qualifications of accreditors and
1698	criteria for the accreditation of courses by rule. The
1699	commission may revoke the accreditation of a course by an
1700	accreditor if the accreditation is demonstrated to violate this
1701	part or the rules of the commission.
1702	(8)(9)  This section does not prohibit or limit the subject
1703	areas or development of continuing education or training on the
1704	Florida Building Code by any qualified entity.
1705	Section 39.  Subsections (1), (5), (8), and (17) of section
1706	553.842, Florida Statutes, are amended to read:
1707	553.842  Product evaluation and approval.-
1708	(1)  The commission shall adopt rules under ss. 120.536(1)
1709	and 120.54 to develop and implement a product evaluation and
1710	approval system that applies statewide to operate in
1711	coordination with the Florida Building Code. The commission may
1712	enter into contracts to provide for administration of the
1713	product evaluation and approval system. The commission's rules
1714	and any applicable contract may provide that the payment of fees
1715	related to approvals be made directly to the administrator. Any
1716	fee paid by a product manufacturer shall be used only for
1717	funding the product evaluation and approval system. The product
1718	evaluation and approval system shall provide:
1719	(a)  Appropriate promotion of innovation and new
1720	technologies.
1721	(b)  Processing submittals of products from manufacturers
1722	in a timely manner.
1723	(c)  Independent, third-party qualified and accredited
1724	testing and laboratory facilities, product evaluation entities,
1725	quality assurance agencies, certification agencies, and
1726	validation entities.
1727	(d)  An easily accessible product acceptance list to
1728	entities subject to the Florida Building Code.
1729	(e)  Development of stringent but reasonable testing
1730	criteria based upon existing consensus standards, when
1731	available, for products.
1732	(f)  Long-term approvals, where feasible. State and local
1733	approvals will be valid until the requirements of the code on
1734	which the approval is based change, the product changes in a
1735	manner affecting its performance as required by the code, or the
1736	approval is revoked. However, the commission may authorize by
1737	rule editorial revisions to approvals and charge a fee as
1738	provided in this section.
1739	(g)  Criteria for revocation of a product approval.
1740	(h)  Cost-effectiveness.
1741	(5)  Statewide approval of products, methods, or systems of
1742	construction may be achieved by one of the following methods.
1743	One of these methods must be used by the commission to approve
1744	the following categories of products: panel walls, exterior
1745	doors, roofing, skylights, windows, shutters, and structural
1746	components as established by the commission by rule.
1747	(a)  Products for which the code establishes standardized
1748	testing or comparative or rational analysis methods shall be
1749	approved by submittal and validation of one of the following
1750	reports or listings indicating that the product or method or
1751	system of construction was evaluated to be in compliance with
1752	the Florida Building Code and that the product or method or
1753	system of construction is, for the purpose intended, at least
1754	equivalent to that required by the Florida Building Code:
1755	1.  A certification mark or listing of an approved
1756	certification agency, which may be used only for products for
1757	which the code designates standardized testing;
1758	2.  A test report from an approved testing laboratory;
1759	3.  A product evaluation report based upon testing or
1760	comparative or rational analysis, or a combination thereof, from
1761	an approved product evaluation entity; or
1762	4.  A product evaluation report based upon testing or
1763	comparative or rational analysis, or a combination thereof,
1764	developed and signed and sealed by a professional engineer or
1765	architect, licensed in this state.
1766
1767	A product evaluation report or a certification mark or listing
1768	of an approved certification agency which demonstrates that the
1769	product or method or system of construction complies with the
1770	Florida Building Code for the purpose intended shall be
1771	equivalent to a test report and test procedure as referenced in
1772	the Florida Building Code. An application for state approval of
1773	a product under subparagraph 1. must be approved by the
1774	department after the commission staff or a designee verifies
1775	that the application and related documentation are complete.
1776	This verification must be completed within 10 business days
1777	after receipt of the application. Upon approval by the
1778	department, the product shall be immediately added to the list
1779	of state-approved products maintained under subsection (13).
1780	Approvals by the department shall be reviewed and ratified by
1781	the commission's program oversight committee except for a
1782	showing of good cause that a review by the full commission is
1783	necessary. The commission shall adopt rules providing means to
1784	cure deficiencies identified within submittals for products
1785	approved under this paragraph.
1786	(b)  Products, methods, or systems of construction for
1787	which there are no specific standardized testing or comparative
1788	or rational analysis methods established in the code may be
1789	approved by submittal and validation of one of the following:
1790	1.  A product evaluation report based upon testing or
1791	comparative or rational analysis, or a combination thereof, from
1792	an approved product evaluation entity indicating that the
1793	product or method or system of construction was evaluated to be
1794	in compliance with the intent of the Florida Building Code and
1795	that the product or method or system of construction is, for the
1796	purpose intended, at least equivalent to that required by the
1797	Florida Building Code; or
1798	2.  A product evaluation report based upon testing or
1799	comparative or rational analysis, or a combination thereof,
1800	developed and signed and sealed by a professional engineer or
1801	architect, licensed in this state, who certifies that the
1802	product or method or system of construction is, for the purpose
1803	intended, at least equivalent to that required by the Florida
1804	Building Code.
1805	(8)  The commission may adopt rules to approve the
1806	following types of entities that produce information on which
1807	product approvals are based. All of the following entities,
1808	including engineers and architects, must comply with a
1809	nationally recognized standard demonstrating independence or no
1810	conflict of interest:
1811	(a)  Evaluation entities approved pursuant to this
1812	paragraph that meet the criteria for approval adopted by the
1813	commission by rule. The commission shall specifically approve
1814	the National Evaluation Service, the International Association
1815	of Plumbing and Mechanical Officials Evaluation Service the
1816	International Conference of Building Officials Evaluation
1817	Services, the International Code Council Evaluation Services,
1818	the Building Officials and Code Administrators International
1819	Evaluation Services, the Southern Building Code Congress
1820	International Evaluation Services, and the Miami-Dade County
1821	Building Code Compliance Office Product Control. Architects and
1822	engineers licensed in this state are also approved to conduct
1823	product evaluations as provided in subsection (5).
1824	(b)  Testing laboratories accredited by national
1825	organizations, such as A2LA and the National Voluntary
1826	Laboratory Accreditation Program, laboratories accredited by
1827	evaluation entities approved under paragraph (a), and
1828	laboratories that comply with other guidelines for testing
1829	laboratories selected by the commission and adopted by rule.
1830	(c)  Quality assurance entities approved by evaluation
1831	entities approved under paragraph (a) and by certification
1832	agencies approved under paragraph (d) and other quality
1833	assurance entities that comply with guidelines selected by the
1834	commission and adopted by rule.
1835	(d)  Certification agencies accredited by nationally
1836	recognized accreditors and other certification agencies that
1837	comply with guidelines selected by the commission and adopted by
1838	rule.
1839	(e)  Validation entities that comply with accreditation
1840	standards established by the commission by rule.
1841	(17)(a)  The Florida Building Commission shall review the
1842	list of evaluation entities in subsection (8) and, in the annual
1843	report required under s. 553.77, shall either recommend
1844	amendments to the list to add evaluation entities the commission
1845	determines should be authorized to perform product evaluations
1846	or shall report on the criteria adopted by rule or to be adopted
1847	by rule allowing the commission to approve evaluation entities
1848	that use the commission's product evaluation process. If the
1849	commission adopts criteria by rule, the rulemaking process must
1850	be completed by July 1, 2009.
1851	(b)  Notwithstanding paragraph (8)(a), the International
1852	Association of Plumbing and Mechanical Officials Evaluation
1853	Services is approved as an evaluation entity until October 1,
1854	2009. If the association does not obtain permanent approval by
1855	the commission as an evaluation entity by October 1, 2009,
1856	products approved on the basis of an association evaluation must
1857	be substituted by an alternative, approved entity by December
1858	31, 2009, and on January 1, 2010, any product approval issued by
1859	the commission based on an association evaluation is void.
1860	Section 40.  Subsection (4) is added to section 553.844,
1861	Florida Statutes, to read:
1862	553.844  Windstorm loss mitigation; requirements for roofs
1863	and opening protection.-
1864	(4)  Notwithstanding the provisions of this section,
1865	exposed mechanical equipment or appliances fastened to a roof in
1866	compliance with the code using rated stands, platforms, curbs,
1867	slabs, or other means are deemed to comply with the wind
1868	resistance requirements of the 2007 Florida Building Code, as
1869	amended. Further support or enclosure of such mechanical
1870	equipment or appliances is not required by a state or local
1871	official having authority to enforce the Florida Building Code.
1872	This subsection expires on the effective date of the 2010
1873	Florida Building Code.
1874	Section 41.  Section 553.885, Florida Statutes, is amended
1875	to read:
1876	553.885  Carbon monoxide alarm required.-
1877	(1)  Every separate building or addition to an existing
1878	building, other than a hospital, an inpatient hospice facility,
1879	or a nursing home facility licensed by the Agency for Health
1880	Care Administration, constructed for which a building permit is
1881	issued for new construction on or after July 1, 2008, and having
1882	a fossil-fuel-burning heater or appliance, a fireplace, or an
1883	attached garage, or other feature, fixture, or element that
1884	emits carbon monoxide as a byproduct of combustion shall have an
1885	approved operational carbon monoxide alarm installed within 10
1886	feet of each room used for sleeping purposes in the new building
1887	or addition, or at such other locations as required by the
1888	Florida Building Code. The requirements of this subsection may
1889	be satisfied with the installation of a hard-wired battery-
1890	powered carbon monoxide alarm or a hard-wired battery-powered
1891	combination carbon monoxide and smoke alarm. For a new hospital,
1892	an inpatient hospice facility, or a nursing home facility
1893	licensed by the Agency for Health Care Administration, or a new
1894	state correctional institution, an approved operational carbon
1895	monoxide detector shall be installed inside or directly outside
1896	of each room or area within the hospital or facility where a
1897	fossil-fuel-burning heater, engine, or appliance is located.
1898	This detector shall be connected to the fire alarm system of the
1899	hospital or facility as a supervisory signal. This subsection
1900	does not apply to existing buildings that are undergoing
1901	alterations or repairs unless the alteration is an addition as
1902	defined in subsection (3).
1903	(2)  The Florida Building Commission shall adopt rules to
1904	administer this section and shall incorporate such requirements
1905	into its next revision of the Florida Building Code.
1906	(3)  As used in this section, the term:
1907	(a)  "Carbon monoxide alarm" means a device that is meant
1908	for the purpose of detecting carbon monoxide, that produces a
1909	distinct audible alarm, and that meets the requirements of and
1910	is approved by the Florida Building Commission.
1911	(b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
1912	or other petroleum or hydrocarbon product that emits carbon
1913	monoxide as a by-product of combustion.
1914	(c)  "Addition" means an extension or increase in floor
1915	area, number of stories, or height of a building or structure.
1916	Section 42.  Subsection (2) of section 553.9061, Florida
1917	Statutes, is amended to read:
1918	553.9061  Scheduled increases in thermal efficiency
1919	standards.-
1920	(2)  The Florida Building Commission shall identify within
1921	code support and compliance documentation the specific building
1922	options and elements available to meet the energy performance
1923	goals established in subsection (1). Energy efficiency
1924	performance options and elements include, but are not limited
1925	to:
1926	(a)  Energy-efficient water heating systems, including
1927	solar water heating.
1928	(b)  Energy-efficient appliances.
1929	(c)  Energy-efficient windows, doors, and skylights.
1930	(d)  Low solar-absorption roofs, also known as "cool
1931	roofs."
1932	(e)  Enhanced ceiling and wall insulation.
1933	(f)  Reduced-leak duct systems and energy-saving devices
1934	and features installed within duct systems.
1935	(g)  Programmable thermostats.
1936	(h)  Energy-efficient lighting systems.
1937	(i)  Energy-saving quality installation procedures for
1938	replacement air-conditioning systems, including, but not limited
1939	to, equipment sizing analysis and duct inspection.
1940	(j)  Shading devices, sunscreening materials, and
1941	overhangs.
1942	(k)  Weatherstripping, caulking, and sealing of exterior
1943	openings and penetrations.
1944	(l)  Energy-efficient centralized computer data centers in
1945	office buildings.
1946	Section 43.  Subsections (3) and (4) of section 553.909,
1947	Florida Statutes, are amended to read:
1948	553.909  Setting requirements for appliances; exceptions.-
1949	(3)  Commercial or residential swimming pool pumps or water
1950	heaters manufactured on or sold after July 1, 2011, shall comply
1951	with the requirements of this subsection.
1952	(a)  Natural gas pool heaters shall not be equipped with
1953	constantly burning pilots.
1954	(b)  Heat pump pool heaters shall have a coefficient of
1955	performance at low temperature of not less than 4.0.
1956	(c)  The thermal efficiency of gas-fired pool heaters and
1957	oil-fired pool heaters shall not be less than 78 percent.
1958	(d)  All pool heaters shall have a readily accessible on-
1959	off switch that is mounted outside the heater and that allows
1960	shutting off the heater without adjusting the thermostat
1961	setting.
1962	(4)(a)  Residential swimming pool filtration pumps and pump
1963	motors manufactured on or after July 1, 2011, must comply with
1964	the requirements in this subsection.
1965	(b)  Residential filtration pool pump motors shall not be
1966	split-phase, shaded-pole, or capacitor start-induction run
1967	types.
1968	(c)  Residential filtration pool pumps and pool pump motors
1969	with a total horsepower of 1 HP or more shall have the
1970	capability of operating at two or more speeds with a low speed
1971	having a rotation rate that is no more than one-half of the
1972	motor's maximum rotation rate.
1973	(d)  Residential filtration pool pump motor controls shall
1974	have the capability of operating the pool pump at a minimum of
1975	two speeds. The default circulation speed shall be the
1976	residential filtration speed, with a higher speed override
1977	capability being for a temporary period not to exceed one normal
1978	cycle or 24 hours 120 minutes, whichever is less; except that
1979	circulation speed for solar pool heating systems shall be
1980	permitted to run at higher speeds during periods of usable solar
1981	heat gain.
1982	Section 44.  Section 553.912, Florida Statutes, is amended
1983	to read:
1984	553.912  Air conditioners.-All air conditioners that which
1985	are sold or installed in the state shall meet the minimum
1986	efficiency ratings of the Florida Energy Efficiency Code for
1987	Building Construction. These efficiency ratings shall be
1988	minimums and may be updated in the Florida Energy Efficiency
1989	Code for Building Construction by the department in accordance
1990	with s. 553.901, following its determination that more cost-
1991	effective energy-saving equipment and techniques are available.
1992	It is the intent of the Legislature that all replacement air-
1993	conditioning systems be installed using energy-saving, quality
1994	installation procedures, including, but not limited to,
1995	equipment sizing analysis and duct inspection.
1996	Section 45.  Subsection (2) of section 627.711, Florida
1997	Statutes, is amended to read:
1998	627.711  Notice of premium discounts for hurricane loss
1999	mitigation; uniform mitigation verification inspection form.-
2000	(2)  By July 1, 2007, the Financial Services Commission
2001	shall develop by rule a uniform mitigation verification
2002	inspection form that shall be used by all insurers when
2003	submitted by policyholders for the purpose of factoring
2004	discounts for wind insurance. In developing the form, the
2005	commission shall seek input from insurance, construction, and
2006	building code representatives. Further, the commission shall
2007	provide guidance as to the length of time the inspection results
2008	are valid. An insurer shall accept as valid a uniform mitigation
2009	verification form certified by the Department of Financial
2010	Services or signed by:
2011	(a)  A hurricane mitigation inspector certified by the My
2012	Safe Florida Home program;
2013	(b)  A building code inspector certified under s. 468.607;
2014	(c)  A general, building, or residential contractor
2015	licensed under s. 489.111;
2016	(d)  A professional engineer licensed under s. 471.015 who
2017	has passed the appropriate equivalency test of the Building Code
2018	Training Program as required by s. 553.841;
2019	(e)  A professional architect licensed under s. 481.213; or
2020	(f)  A home inspector licensed under s. 468.8314 who has
2021	completed at least 2 hours of mitigation training; or
2022	(g)(f)  Any other individual or entity recognized by the
2023	insurer as possessing the necessary qualifications to properly
2024	complete a uniform mitigation verification form.
2025	Section 46.  Subsections (7) through (28) of section
2026	633.021, Florida Statutes, are renumbered as subsections (8)
2027	through (29), respectively, a new subsection (7) is added to
2028	that section, and present subsection (20) of that section is
2029	amended, to read:
2030	633.021  Definitions.-As used in this chapter:
2031	(7)(a)  "Fire equipment dealer Class A" means a licensed
2032	fire equipment dealer whose business is limited to servicing,
2033	recharging, repairing, installing, or inspecting all types of
2034	fire extinguishers and conducting hydrostatic tests on all types
2035	of fire extinguishers.
2036	(b)  "Fire equipment dealer Class B" means a licensed fire
2037	equipment dealer whose business is limited to servicing,
2038	recharging, repairing, installing, or inspecting all types of
2039	fire extinguishers, including recharging carbon dioxide units
2040	and conducting hydrostatic tests on all types of fire
2041	extinguishers, except carbon dioxide units.
2042	(c)  "Fire equipment dealer Class C" means a licensed fire
2043	equipment dealer whose business is limited to servicing,
2044	recharging, repairing, installing, or inspecting all types of
2045	fire extinguishers, except recharging carbon dioxide units, and
2046	conducting hydrostatic tests on all types of fire extinguishers,
2047	except carbon dioxide units.
2048	(d)  "Fire equipment dealer Class D" means a licensed fire
2049	equipment dealer whose business is limited to servicing,
2050	recharging, repairing, installing, hydrotesting, or inspecting
2051	of all types of preengineered fire extinguishing systems.
2052	(21)(a)(20)  A "preengineered system" is a fire suppression
2053	system which:
2054	1.(a)  Uses any of a variety of extinguishing agents.
2055	2.(b)  Is designed to protect specific hazards.
2056	3.(c)  Must be installed according to pretested limitations
2057	and configurations specified by the manufacturer and applicable
2058	National Fire Protection Association (NFPA) standards. Only
2059	those chapters within the National Fire Protection Association
2060	standards that pertain to servicing, recharging, repairing,
2061	installing, hydrotesting, or inspecting any type of
2062	preengineered fire extinguishing system may be used.
2063	4.(d)  Must be installed using components specified by the
2064	manufacturer or components that are listed as equal parts by a
2065	nationally recognized testing laboratory such as Underwriters
2066	Laboratories, Inc., or Factory Mutual Laboratories, Inc.
2067	5.(e)  Must be listed by a nationally recognized testing
2068	laboratory.
2069	(b)  Preengineered systems consist of and include all of
2070	the components and parts providing fire suppression protection,
2071	but do not include the equipment being protected, and may
2072	incorporate special nozzles, flow rates, methods of application,
2073	pressurization levels, and quantities of agents designed by the
2074	manufacturer for specific hazards.
2075	Section 47.  Paragraph (b) of subsection (3) of section
2076	633.0215, Florida Statutes, is amended, and subsections (13) and
2077	(14) are added to that section, to read:
2078	633.0215  Florida Fire Prevention Code.-
2079	(3)  No later than 180 days before the triennial adoption
2080	of the Florida Fire Prevention Code, the State Fire Marshal
2081	shall notify each municipal, county, and special district fire
2082	department of the triennial code adoption and steps necessary
2083	for local amendments to be included within the code. No later
2084	than 120 days before the triennial adoption of the Florida Fire
2085	Prevention Code, each local jurisdiction shall provide the State
2086	Fire Marshal with copies of its local fire code amendments. The
2087	State Fire Marshal has the option to process local fire code
2088	amendments that are received less than 120 days before the
2089	adoption date of the Florida Fire Prevention Code.
2090	(b)  Any local amendment to the Florida Fire Prevention
2091	Code adopted by a local government shall be effective only until
2092	the adoption of the new edition of the Florida Fire Prevention
2093	Code, which shall be every third year. At such time, the State
2094	Fire Marshal shall adopt such amendment as part of the Florida
2095	Fire Prevention Code or rescind the amendment. The State Fire
2096	Marshal shall immediately notify the respective local government
2097	of the rescission of the amendment and the reason for the
2098	rescission. After receiving such notice, the respective local
2099	government may readopt the rescinded amendment. Incorporation of
2100	local amendments as regional and local concerns and variations
2101	shall be considered as adoption of an amendment pursuant to this
2102	section part.
2103	(13)(a)  The State Fire Marshal shall issue an expedited
2104	declaratory statement relating to interpretations of provisions
2105	of the Florida Fire Prevention Code according to the following
2106	guidelines:
2107	1.  The declaratory statement shall be rendered in
2108	accordance with s. 120.565, except that a final decision must be
2109	issued by the State Fire Marshal within 45 days after the
2110	division's receipt of a petition seeking an expedited
2111	declaratory statement. The State Fire Marshal shall give notice
2112	of the petition and the expedited declaratory statement or the
2113	denial of the petition in the next available issue of the
2114	Florida Administrative Weekly after the petition is filed and
2115	after the statement or denial is rendered.
2116	2.  The petitioner must be the owner of the disputed
2117	project or the owner's representative.
2118	3.  The petition for an expedited declaratory statement
2119	must be:
2120	a.  Related to an active project that is under construction
2121	or must have been submitted for a permit.
2122	b.  The subject of a written notice citing a specific
2123	provision of the Florida Fire Prevention Code which is in
2124	dispute.
2125	c.  Limited to a single question that is capable of being
2126	answered with a "yes" or "no" response.
2127	(b)  A petition for a declaratory statement which does not
2128	meet all of the requirements of this subsection must be denied
2129	without prejudice. This subsection does not affect the right of
2130	the petitioner as a substantially affected person to seek a
2131	declaratory statement under s. 633.01(6).
2132	(14)  A condominium that is one or two stories in height
2133	and has an exterior corridor providing a means of egress is
2134	exempt from installing a manual fire alarm system as required in
2135	s. 9.6 of the most recent edition of the Life Safety Code
2136	adopted in the Florida Fire Prevention Code.
2137	Section 48.  Subsections (2) and (10) of section 633.0245,
2138	Florida Statutes, are amended to read:
2139	633.0245  State Fire Marshal Nursing Home Fire Protection
2140	Loan Guarantee Program.-
2141	(2)  The State Fire Marshal may enter into limited loan
2142	guarantee agreements with one or more financial institutions
2143	qualified as public depositories in this state. Such agreements
2144	shall provide a limited guarantee by the State of Florida
2145	covering no more than 50 percent of the principal sum loaned by
2146	such financial institution to an eligible nursing home, as
2147	defined in subsection (10), for the sole purpose of the initial
2148	installation at such nursing home of a fire protection system,
2149	as defined in s. 633.021(10)(9), approved by the State Fire
2150	Marshal as being in compliance with the provisions of s. 633.022
2151	and rules adopted thereunder.
2152	(10)  For purposes of this section, "eligible nursing home"
2153	means a nursing home facility that provides nursing services as
2154	defined in chapter 464, is licensed under part II of chapter
2155	400, and is certified by the Agency for Health Care
2156	Administration to lack an installed fire protection system as
2157	defined in s. 633.021(10)(9).
2158	Section 49.  Subsection (10) of section 633.025, Florida
2159	Statutes, is amended to read:
2160	633.025  Minimum firesafety standards.-
2161	(10)(a)  Before imposing a fire sprinkler requirement on
2162	any one- or two-family dwelling, a local government must provide
2163	the owner of any one- or two-family dwelling a letter
2164	documenting specific infrastructure or other tax or fee
2165	allowances and waivers that are listed in but not limited to
2166	those described in subsection (9) for the dwelling. The
2167	documentation must show that the cost savings reasonably
2168	approximate the cost of the purchase and installation of a fire
2169	protection system.
2170	(b)  Notwithstanding any other provision of law, ordinance,
2171	or rule, a single-family dwelling unit shall not be required to
2172	have fire sprinklers irrespective of the use or occupancy
2173	category of that unit.
2174	Section 50.  Section 633.026, Florida Statutes, is amended
2175	to read:
2176	633.026  Legislative intent; informal interpretations of
2177	the Florida Fire Prevention Code.-It is the intent of the
2178	Legislature that the Florida Fire Prevention Code be interpreted
2179	by fire officials and local enforcement agencies in a manner
2180	that reasonably and cost-effectively protects the public safety,
2181	health, and welfare, ensures uniform interpretations throughout
2182	this state, and provides just and expeditious processes for
2183	resolving disputes regarding such interpretations. It is the
2184	further intent of the Legislature that such processes provide
2185	for the expeditious resolution of the issues presented and that
2186	the resulting interpretation of such issues be published on the
2187	website of the Division of State Fire Marshal.
2188	(1)  The Division of State Fire Marshal shall by rule
2189	establish an informal process of rendering nonbinding
2190	interpretations of the Florida Fire Prevention Code. The
2191	Division of State Fire Marshal may contract with and refer
2192	interpretive issues to a third party, selected based upon cost
2193	effectiveness, quality of services to be performed, and other
2194	performance-based criteria, which nonprofit organization that
2195	has experience in interpreting and enforcing the Florida Fire
2196	Prevention Code. The Division of State Fire Marshal shall
2197	immediately implement the process prior to the completion of
2198	formal rulemaking. It is the intent of the Legislature that the
2199	Division of State Fire Marshal establish create a Fire Code
2200	Interpretation Committee composed of seven persons and seven
2201	alternates, equally representing each area of the state process
2202	to refer questions to a small group of individuals certified
2203	under s. 633.081(2), to which a party can pose questions
2204	regarding the interpretation of the Florida Fire Prevention Code
2205	provisions.
2206	(2)  Each member and alternate member of the Fire Code
2207	Interpretation Committee must be certified as a firesafety
2208	inspector pursuant to s. 633.081(2) and must have a minimum of 5
2209	years of experience interpreting and enforcing the Florida Fire
2210	Prevention Code and the Life Safety Code. Each member and
2211	alternate member must be approved by the Division of State Fire
2212	Marshal and deemed by the division to have met these
2213	requirements for at least 30 days before participating in a
2214	review of a nonbinding interpretation. It is the intent of the
2215	Legislature that the process provide for the expeditious
2216	resolution of the issues presented and publication of the
2217	resulting interpretation on the website of the Division of State
2218	Fire Marshal. It is the intent of the Legislature that this
2219	program be similar to the program established by the Florida
2220	Building Commission in s. 553.775(3)(g).
2221	(3)  Each nonbinding interpretation of code provisions must
2222	be provided within 10 business days after receipt of a request
2223	for interpretation. The response period established in this
2224	subsection may be waived only with the written consent of the
2225	party requesting the nonbinding interpretation and the Division
2226	of State Fire Marshal. Nonbinding Such interpretations shall be
2227	advisory only and nonbinding on the parties or the State Fire
2228	Marshal.
2229	(4)  In order to administer this section, the Division of
2230	State Fire Marshal shall charge department may adopt by rule and
2231	impose a fee for nonbinding interpretations, with payment made
2232	directly to the third party. The fee may not exceed $150 for
2233	each request for a review or interpretation. The division may
2234	authorize payment of fees directly to the nonprofit organization
2235	under contract pursuant to subsection (1).
2236	(5)  A party requesting a nonbinding interpretation who
2237	disagrees with the interpretation issued under this section may
2238	apply for a formal interpretation from the State Fire Marshal
2239	pursuant to s. 633.01(6).
2240	(6)  The Division of State Fire Marshal shall issue or
2241	cause to be issued a nonbinding interpretation of the Florida
2242	Fire Prevention Code pursuant to this section when requested to
2243	do so upon submission of a petition by a fire official or by the
2244	owner or owner's representative or the contractor or
2245	contractor's representative of a project in dispute. The
2246	division shall adopt a petition form by rule and the petition
2247	form must be published on the State Fire Marshal's website. The
2248	form shall, at a minimum, require:
2249	(a)  The name and address of the local fire official,
2250	including the address of the county, municipality, or special
2251	district.
2252	(b)  The name and address of the owner or owner's
2253	representative or the contractor or contractor's representative.
2254	(c)  A statement of the specific sections of the Florida
2255	Fire Prevention Code being interpreted by the local fire
2256	official.
2257	(d)  An explanation of how the petitioner's substantial
2258	interests are being affected by the local interpretation of the
2259	Florida Fire Prevention Code.
2260	(e)  A statement of the interpretation of the specific
2261	sections of the Florida Fire Prevention Code by the local fire
2262	official.
2263	(f)  A statement of the interpretation that the petitioner
2264	contends should be given to the specific sections of the Florida
2265	Fire Prevention Code and a statement supporting the petitioner's
2266	interpretation.
2267	(7)  Upon receipt of a petition that meets the requirements
2268	of subsection (6), the Division of State Fire Marshal shall
2269	immediately provide copies of the petition to the Fire Code
2270	Interpretation Committee, and shall publish the petition and any
2271	response submitted by the local fire official on the State Fire
2272	Marshal's website.
2273	(8)  The committee shall conduct proceedings as necessary
2274	to resolve the issues and give due regard to the petition, the
2275	facts of the matter at issue, specific code sections cited, and
2276	any statutory implications affecting the Florida Fire Prevention
2277	Code. The committee shall issue an interpretation regarding the
2278	provisions of the Florida Fire Prevention Code within 10 days
2279	after the filing of a petition. The committee shall issue an
2280	interpretation based upon the Florida Fire Prevention Code or,
2281	if the code is ambiguous, the intent of the code. The
2282	committee's interpretation shall be provided to the petitioner
2283	and shall include a notice that if the petitioner disagrees with
2284	the interpretation, the petitioner may file a request for formal
2285	interpretation by the State Fire Marshal under s. 633.01(6). The
2286	committee's interpretation shall be provided to the State Fire
2287	Marshal, and the division shall publish the interpretation on
2288	the State Fire Marshal's website and in the Florida
2289	Administrative Weekly.
2290	Section 51.  Subsections (2) through (10) of section
2291	633.061, Florida Statutes, are renumbered as subsections (3)
2292	through (11), respectively, a new subsection (2) is added to
2293	that section, and paragraphs (a) and (c) of present subsection
2294	(3) of that section are amended, to read:
2295	633.061  Fire suppression equipment; license to install or
2296	maintain.-
2297	(2)  A person who holds a valid fire equipment dealer
2298	license may maintain such license in an inactive status during
2299	which time he or she may not engage in any work under the
2300	definition of the license held. An inactive status license shall
2301	be void after 2 years or at the time that the license is
2302	renewed, whichever comes first. The biennial renewal fee for an
2303	inactive status license shall be $75. An inactive status license
2304	may not be reactivated unless the continuing education
2305	requirements of this chapter have been fulfilled.
2306	(4)(3)(a)  Such licenses and permits shall be issued by the
2307	State Fire Marshal for 2 years beginning January 1, 2000, and
2308	each 2-year period thereafter and expiring December 31 of the
2309	second year. All licenses or permits issued will expire on
2310	December 31 of each odd-numbered year. The failure to renew a
2311	license or permit by December 31 of the second year will cause
2312	the license or permit to become inoperative. The holder of an
2313	inoperative license or permit shall not engage in any activities
2314	for which a license or permit is required by this section. A
2315	license or permit which is inoperative because of the failure to
2316	renew it shall be restored upon payment of the applicable fee
2317	plus a penalty equal to the applicable fee, if the application
2318	for renewal is filed no later than the following March 31. If
2319	the application for restoration is not made before the March
2320	31st deadline, the fee for restoration shall be equal to the
2321	original application fee and the penalty provided for herein,
2322	and, in addition, the State Fire Marshal shall require
2323	reexamination of the applicant. The fee for a license or permit
2324	issued for 1 year or less shall be prorated at 50 percent of the
2325	applicable fee for a biennial license or permit. After initial
2326	licensure, each licensee or permittee must shall successfully
2327	complete a course or courses of continuing education for fire
2328	equipment technicians of at least 16 32 hours. A license or
2329	permit may not be renewed unless the licensee or permittee
2330	produces documentation of the completion of at least 16 hours of
2331	continuing education for fire equipment technicians during the
2332	biennial licensure period within 4 years of initial issuance of
2333	a license or permit and within each 4-year period thereafter or
2334	no such license or permit shall be renewed. A person who is both
2335	a licensee and a permittee shall be required to complete 16 32
2336	hours of continuing education during each renewal per 4-year
2337	period. Each licensee shall ensure that all permittees in his or
2338	her employment meet their continuing education requirements. The
2339	State Fire Marshal shall adopt rules describing the continuing
2340	education requirements and shall have the authority upon
2341	reasonable belief, to audit a fire equipment dealer to determine
2342	compliance with continuing education requirements.
2343	(c)  A license of any class shall not be issued or renewed
2344	by the State Fire Marshal and a license of any class shall not
2345	remain operative unless:
2346	1.  The applicant has submitted to the State Fire Marshal
2347	evidence of registration as a Florida corporation or evidence of
2348	compliance with s. 865.09.
2349	2.  The State Fire Marshal or his or her designee has by
2350	inspection determined that the applicant possesses the equipment
2351	required for the class of license sought. The State Fire Marshal
2352	shall give an applicant a reasonable opportunity to correct any
2353	deficiencies discovered by inspection. A fee of $50, payable to
2354	the State Fire Marshal, shall be required for any subsequent
2355	reinspection.
2356	3.  The applicant has submitted to the State Fire Marshal
2357	proof of insurance providing coverage for comprehensive general
2358	liability for bodily injury and property damage, products
2359	liability, completed operations, and contractual liability. The
2360	State Fire Marshal shall adopt rules providing for the amounts
2361	of such coverage, but such amounts shall not be less than
2362	$300,000 for Class A or Class D licenses, $200,000 for Class B
2363	licenses, and $100,000 for Class C licenses; and the total
2364	coverage for any class of license held in conjunction with a
2365	Class D license shall not be less than $300,000. The State Fire
2366	Marshal may, at any time after the issuance of a license or its
2367	renewal, require upon demand, and in no event more than 30 days
2368	after notice of such demand, the licensee to provide proof of
2369	insurance, on a form provided by the State Fire Marshal,
2370	containing confirmation of insurance coverage as required by
2371	this chapter. Failure, for any length of time, to provide proof
2372	of insurance coverage as required shall result in the immediate
2373	suspension of the license until proof of proper insurance is
2374	provided to the State Fire Marshal. An insurer which provides
2375	such coverage shall notify the State Fire Marshal of any change
2376	in coverage or of any termination, cancellation, or nonrenewal
2377	of any coverage.
2378	4.  The applicant applies to the State Fire Marshal,
2379	provides proof of experience, and successfully completes a
2380	prescribed training course offered by the State Fire College or
2381	an equivalent course approved by the State Fire Marshal. This
2382	subparagraph does not apply to any holder of or applicant for a
2383	permit under paragraph (f) or to a business organization or a
2384	governmental entity seeking initial licensure or renewal of an
2385	existing license solely for the purpose of inspecting,
2386	servicing, repairing, marking, recharging, and maintaining fire
2387	extinguishers used and located on the premises of and owned by
2388	such organization or entity.
2389	5.  The applicant has a current retestor identification
2390	number that is appropriate for the license for which the
2391	applicant is applying and that is listed with the United States
2392	Department of Transportation.
2393	6.  The applicant has passed, with a grade of at least 70
2394	percent, a written examination testing his or her knowledge of
2395	the rules and statutes regulating the activities authorized by
2396	the license and demonstrating his or her knowledge and ability
2397	to perform those tasks in a competent, lawful, and safe manner.
2398	Such examination shall be developed and administered by the
2399	State Fire Marshal, or his or her designee in accordance with
2400	policies and procedures of the State Fire Marshal. An applicant
2401	shall pay a nonrefundable examination fee of $50 for each
2402	examination or reexamination scheduled. No reexamination shall
2403	be scheduled sooner than 30 days after any administration of an
2404	examination to an applicant. No applicant shall be permitted to
2405	take an examination for any level of license more than a total
2406	of four times during 1 year, regardless of the number of
2407	applications submitted. As a prerequisite to licensure of the
2408	applicant:
2409	a.  Must be at least 18 years of age.
2410	b.  Must have 4 years of proven experience as a fire
2411	equipment permittee at a level equal to or greater than the
2412	level of license applied for or have a combination of education
2413	and experience determined to be equivalent thereto by the State
2414	Fire Marshal. Having held a permit at the appropriate level for
2415	the required period constitutes the required experience.
2416	c.  Must not have been convicted of, or pled nolo
2417	contendere to, any felony. If an applicant has been convicted of
2418	any such felony, the applicant must comply with s.
2419	112.011(1)(b).
2420
2421	This subparagraph does not apply to any holder of or applicant
2422	for a permit under paragraph (f) or to a business organization
2423	or a governmental entity seeking initial licensure or renewal of
2424	an existing license solely for the purpose of inspecting,
2425	servicing, repairing, marking, recharging, hydrotesting, and
2426	maintaining fire extinguishers used and located on the premises
2427	of and owned by such organization or entity.
2428	Section 52.  Section 633.081, Florida Statutes, is amended
2429	to read:
2430	633.081  Inspection of buildings and equipment; orders;
2431	firesafety inspection training requirements; certification;
2432	disciplinary action.-The State Fire Marshal and her or his
2433	agents shall, at any reasonable hour, when the State Fire
2434	Marshal department has reasonable cause to believe that a
2435	violation of this chapter or s. 509.215, or a rule promulgated
2436	thereunder, or a minimum firesafety code adopted by a local
2437	authority, may exist, inspect any and all buildings and
2438	structures which are subject to the requirements of this chapter
2439	or s. 509.215 and rules promulgated thereunder. The authority to
2440	inspect shall extend to all equipment, vehicles, and chemicals
2441	which are located within the premises of any such building or
2442	structure.
2443	(1)  Each county, municipality, and special district that
2444	has firesafety enforcement responsibilities shall employ or
2445	contract with a firesafety inspector. Except as provided in s.
2446	633.082(2), the firesafety inspector must conduct all firesafety
2447	inspections that are required by law. The governing body of a
2448	county, municipality, or special district that has firesafety
2449	enforcement responsibilities may provide a schedule of fees to
2450	pay only the costs of inspections conducted pursuant to this
2451	subsection and related administrative expenses. Two or more
2452	counties, municipalities, or special districts that have
2453	firesafety enforcement responsibilities may jointly employ or
2454	contract with a firesafety inspector.
2455	(2)  Except as provided in s. 633.082(2), every firesafety
2456	inspection conducted pursuant to state or local firesafety
2457	requirements shall be by a person certified as having met the
2458	inspection training requirements set by the State Fire Marshal.
2459	Such person shall:
2460	(a)  Be a high school graduate or the equivalent as
2461	determined by the department;
2462	(b)  Not have been found guilty of, or having pleaded
2463	guilty or nolo contendere to, a felony or a crime punishable by
2464	imprisonment of 1 year or more under the law of the United
2465	States, or of any state thereof, which involves moral turpitude,
2466	without regard to whether a judgment of conviction has been
2467	entered by the court having jurisdiction of such cases;
2468	(c)  Have her or his fingerprints on file with the
2469	department or with an agency designated by the department;
2470	(d)  Have good moral character as determined by the
2471	department;
2472	(e)  Be at least 18 years of age;
2473	(f)  Have satisfactorily completed the firesafety inspector
2474	certification examination as prescribed by the department; and
2475	(g)1.  Have satisfactorily completed, as determined by the
2476	department, a firesafety inspector training program of not less
2477	than 200 hours established by the department and administered by
2478	agencies and institutions approved by the department for the
2479	purpose of providing basic certification training for firesafety
2480	inspectors; or
2481	2.  Have received in another state training which is
2482	determined by the department to be at least equivalent to that
2483	required by the department for approved firesafety inspector
2484	education and training programs in this state.
2485	(3)  Each special state firesafety inspection which is
2486	required by law and is conducted by or on behalf of an agency of
2487	the state must be performed by an individual who has met the
2488	provision of subsection (2), except that the duration of the
2489	training program shall not exceed 120 hours of specific training
2490	for the type of property that such special state firesafety
2491	inspectors are assigned to inspect.
2492	(4)  A firefighter certified pursuant to s. 633.35 may
2493	conduct firesafety inspections, under the supervision of a
2494	certified firesafety inspector, while on duty as a member of a
2495	fire department company conducting inservice firesafety
2496	inspections without being certified as a firesafety inspector,
2497	if such firefighter has satisfactorily completed an inservice
2498	fire department company inspector training program of at least
2499	24 hours' duration as provided by rule of the department.
2500	(5)  Every firesafety inspector or special state firesafety
2501	inspector certificate is valid for a period of 3 years from the
2502	date of issuance. Renewal of certification shall be subject to
2503	the affected person's completing proper application for renewal
2504	and meeting all of the requirements for renewal as established
2505	under this chapter or by rule promulgated thereunder, which
2506	shall include completion of at least 40 hours during the
2507	preceding 3-year period of continuing education as required by
2508	the rule of the department or, in lieu thereof, successful
2509	passage of an examination as established by the department.
2510	(6)  The State Fire Marshal may deny, refuse to renew,
2511	suspend, or revoke the certificate of a firesafety inspector or
2512	special state firesafety inspector if it finds that any of the
2513	following grounds exist:
2514	(a)  Any cause for which issuance of a certificate could
2515	have been refused had it then existed and been known to the
2516	State Fire Marshal.
2517	(b)  Violation of this chapter or any rule or order of the
2518	State Fire Marshal.
2519	(c)  Falsification of records relating to the certificate.
2520	(d)  Having been found guilty of or having pleaded guilty
2521	or nolo contendere to a felony, whether or not a judgment of
2522	conviction has been entered.
2523	(e)  Failure to meet any of the renewal requirements.
2524	(f)  Having been convicted of a crime in any jurisdiction
2525	which directly relates to the practice of fire code inspection,
2526	plan review, or administration.
2527	(g)  Making or filing a report or record that the
2528	certificateholder knows to be false, or knowingly inducing
2529	another to file a false report or record, or knowingly failing
2530	to file a report or record required by state or local law, or
2531	knowingly impeding or obstructing such filing, or knowingly
2532	inducing another person to impede or obstruct such filing.
2533	(h)  Failing to properly enforce applicable fire codes or
2534	permit requirements within this state which the
2535	certificateholder knows are applicable by committing willful
2536	misconduct, gross negligence, gross misconduct, repeated
2537	negligence, or negligence resulting in a significant danger to
2538	life or property.
2539	(i)  Accepting labor, services, or materials at no charge
2540	or at a noncompetitive rate from any person who performs work
2541	that is under the enforcement authority of the certificateholder
2542	and who is not an immediate family member of the
2543	certificateholder. For the purpose of this paragraph, the term
2544	"immediate family member" means a spouse, child, parent,
2545	sibling, grandparent, aunt, uncle, or first cousin of the person
2546	or the person's spouse or any person who resides in the primary
2547	residence of the certificateholder.
2548	(7)  The Division of State Fire Marshal and the Florida
2549	Building Code Administrators and Inspectors Board, established
2550	pursuant to under s. 468.605, shall enter into a reciprocity
2551	agreement to facilitate joint recognition of continuing
2552	education recertification hours for certificateholders licensed
2553	under s. 468.609 and firesafety inspectors certified under
2554	subsection (2).
2555	(8)  The State Fire Marshal shall develop by rule an
2556	advanced training and certification program for firesafety
2557	inspectors having fire code management responsibilities. The
2558	program must be consistent with the appropriate provisions of
2559	NFPA 1037, or similar standards adopted by the division, and
2560	establish minimum training, education, and experience levels for
2561	firesafety inspectors having fire code management
2562	responsibilities.
2563	(9)(7)  The department shall provide by rule for the
2564	certification of firesafety inspectors.
2565	Section 53.  Subsections (2) and (3) of section 633.082,
2566	Florida Statutes, are amended to read:
2567	633.082  Inspection of fire control systems, fire hydrants,
2568	and fire protection systems.-
2569	(2)  Fire hydrants and fire protection systems installed in
2570	public and private properties, except one-family or two-family
2571	dwellings, in this state shall be inspected following procedures
2572	established in the nationally recognized inspection, testing,
2573	and maintenance standards publications NFPA-24 and NFPA-25 as
2574	set forth in the edition adopted by the State Fire Marshal.
2575	Quarterly, annual, 3-year, and 5-year inspections consistent
2576	with the contractual provisions with the owner shall be
2577	conducted by the certificateholder or permittees employed by the
2578	certificateholder pursuant to s. 633.521, except that:
2579	(a)  Public fire hydrants owned by a governmental entity
2580	shall be inspected following procedures established in the
2581	inspection, testing, and maintenance standards adopted by the
2582	State Fire Marshal or equivalent standards such as those
2583	contained in the latest edition of the American Water Works
2584	Association's Manual M17, "Installation, Field Testing, and
2585	Maintenance of Fire Hydrants."
2586	(b)  County, municipal, and special district utilities may
2587	perform fire hydrant inspections required by this section using
2588	designated employees. Such designated employees need not be
2589	certified under this chapter. However, counties, municipalities,
2590	or special districts that use designated employees are
2591	responsible for ensuring that the designated employees are
2592	qualified to perform such inspections.
2593	(3)  The inspecting contractor shall provide to the
2594	building owner or hydrant owner and the local authority having
2595	jurisdiction a copy of the applicable inspection report
2596	established under this chapter. The maintenance of fire hydrant
2597	and fire protection systems as well as corrective actions on
2598	deficient systems is the responsibility of the owner of the
2599	system or hydrant. Equipment requiring periodic testing or
2600	operation to ensure its maintenance shall be tested or operated
2601	as specified in the Fire Prevention Code, Life Safety Code,
2602	National Fire Protection Association standards, or as directed
2603	by the agency having jurisdiction, provided that such agency
2604	shall not require a sprinkler system not required by the Fire
2605	Prevention Code, Life Safety Code or National Fire Protection
2606	Association Standards to be removed regardless of its condition.
2607	This section does not prohibit governmental entities from
2608	inspecting and enforcing firesafety codes.
2609	Section 54.  Section 633.352, Florida Statutes, is amended
2610	to read:
2611	633.352  Retention of firefighter certification.-Any
2612	certified firefighter who has not been active as a firefighter,
2613	or as a volunteer firefighter with an organized fire department,
2614	for a period of 3 years shall be required to retake the
2615	practical portion of the minimum standards state examination
2616	specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
2617	Administrative Code, in order to maintain her or his
2618	certification as a firefighter; however, this requirement does
2619	not apply to state-certified firefighters who are certified and
2620	employed as full-time firesafety inspectors or firesafety
2621	instructors, regardless of the firefighter's employment status
2622	as determined by the division. The 3-year period begins on the
2623	date the certificate of compliance is issued or upon termination
2624	of service with an organized fire department.
2625	Section 55.  Paragraph (e) of subsection (2) and
2626	subsections (3), (10), and (11) of section 633.521, Florida
2627	Statutes, are amended to read:
2628	633.521  Certificate application and issuance; permit
2629	issuance; examination and investigation of applicant.-
2630	(2)
2631	(e)  An applicant may not be examined more than four times
2632	during 1 year for certification as a contractor pursuant to this
2633	section unless the person is or has been certified and is taking
2634	the examination to change classifications. If an applicant does
2635	not pass one or more parts of the examination, she or he may
2636	take any part of the examination three more times during the 1-
2637	year period beginning upon the date she or he originally filed
2638	an application to take the examination. If the applicant does
2639	not pass the examination within that 1-year period, she or he
2640	must file a new application and pay the application and
2641	examination fees in order to take the examination or a part of
2642	the examination again. However, the applicant may not file a new
2643	application sooner than 6 months after the date of her or his
2644	last examination. An applicant who passes the examination but
2645	does not meet the remaining qualifications as provided in
2646	applicable statutes and rules within 1 year after the
2647	application date must file a new application, pay the
2648	application and examination fee, successfully complete a
2649	prescribed training course approved by the State Fire College or
2650	an equivalent course approved by the State Fire Marshal, and
2651	retake and pass the written examination.
2652	(3)(a)  As a prerequisite to taking the examination for
2653	certification as a Contractor I, Contractor II, or Contractor
2654	III, the applicant must be at least 18 years of age, be of good
2655	moral character, and shall possess 4 years' proven experience in
2656	the employment of a fire protection system Contractor I,
2657	Contractor II, or Contractor III or a combination of equivalent
2658	education and experience in both water-based and chemical fire
2659	suppression systems.
2660	(b)  As a prerequisite to taking the examination for
2661	certification as a Contractor II, the applicant must be at least
2662	18 years of age, be of good moral character, and have 4 years of
2663	verifiable employment experience with a fire protection system
2664	as a Contractor I or Contractor II, or a combination of
2665	equivalent education and experience in water-based fire
2666	suppression systems.
2667	(c)  Required education and experience for certification as
2668	a Contractor I, Contractor II, Contractor III, or Contractor IV
2669	includes training and experience in both installation and system
2670	layout as defined in s. 633.021.
2671	(d)  As a prerequisite to taking the examination for
2672	certification as a Contractor III, the applicant must be at
2673	least 18 years of age, be of good moral character, and have 4
2674	years of verifiable employment experience with a fire protection
2675	system as a Contractor I or Contractor II, or a combination of
2676	equivalent education and experience in chemical fire suppression
2677	systems.
2678	(e)  As a prerequisite to taking the examination for
2679	certification as a Contractor IV, the applicant must shall be at
2680	least 18 years old, be of good moral character, be licensed as a
2681	certified plumbing contractor under chapter 489, and
2682	successfully complete a training program acceptable to the State
2683	Fire Marshal of not less than 40 contact hours regarding the
2684	applicable installation standard used by the Contractor IV as
2685	described in NFPA 13D. The State Fire Marshal may adopt rules to
2686	administer this subsection have at least 2 years' proven
2687	experience in the employment of a fire protection system
2688	Contractor I, Contractor II, Contractor III, or Contractor IV or
2689	combination of equivalent education and experience which
2690	combination need not include experience in the employment of a
2691	fire protection system contractor.
2692	(f)  As a prerequisite to taking the examination for
2693	certification as a Contractor V, the applicant must shall be at
2694	least 18 years old, be of good moral character, and have been
2695	licensed as a certified underground utility and excavation
2696	contractor or certified plumbing contractor pursuant to chapter
2697	489, have verification by an individual who is licensed as a
2698	certified utility contractor or certified plumbing contractor
2699	pursuant to chapter 489 that the applicant has 4 years' proven
2700	experience in the employ of a certified underground utility and
2701	excavation contractor or certified plumbing contractor, or have
2702	a combination of education and experience equivalent to 4 years'
2703	proven experience in the employ of a certified underground
2704	utility and excavation contractor or certified plumbing
2705	contractor.
2706	(g)  Within 30 days after the date of the examination, the
2707	State Fire Marshal shall inform the applicant in writing whether
2708	she or he has qualified or not and, if the applicant has
2709	qualified, that she or he is ready to issue a certificate of
2710	competency, subject to compliance with the requirements of
2711	subsection (4).
2712	(10)  Effective July 1, 2008, The State Fire Marshal shall
2713	require the National Institute of Certification in Engineering
2714	Technologies (NICET), Sub-field of Inspection and Testing of
2715	Fire Protection Systems Level II or equivalent training and
2716	education as determined by the division as proof that the
2717	permitholders are knowledgeable about nationally accepted
2718	standards for the inspection of fire protection systems. It is
2719	the intent of this act, from July 1, 2005, until July 1, 2008,
2720	to accept continuing education of all certificateholders'
2721	employees who perform inspection functions which specifically
2722	prepares the permitholder to qualify for NICET II certification.
2723	(11)  It is intended that a certificateholder, or a
2724	permitholder who is employed by a certificateholder, conduct
2725	inspections required by this chapter. It is understood that
2726	after July 1, 2008, employee turnover may result in a depletion
2727	of personnel who are certified under the NICET Sub-field of
2728	Inspection and Testing of Fire Protection Systems Level II or
2729	equivalent training and education as required by the Division of
2730	State Fire Marshal which is required for permitholders. The
2731	extensive training and experience necessary to achieve NICET
2732	Level II certification is recognized. A certificateholder may
2733	therefore obtain a provisional permit with an endorsement for
2734	inspection, testing, and maintenance of water-based fire
2735	extinguishing systems for an employee if the employee has
2736	initiated procedures for obtaining Level II certification from
2737	the National Institute for Certification in Engineering
2738	Technologies Sub-field of Inspection and Testing of Fire
2739	Protection Systems and achieved Level I certification or an
2740	equivalent level as determined by the State Fire Marshal through
2741	verification of experience, training, and examination. The State
2742	Fire Marshal may establish rules to administer this subsection.
2743	After 2 years of provisional certification, the employee must
2744	have achieved NICET Level II certification or obtain equivalent
2745	training and education as determined by the division, or cease
2746	performing inspections requiring Level II certification. The
2747	provisional permit is valid only for the 2 calendar years after
2748	the date of issuance, may not be extended, and is not renewable.
2749	After the initial 2-year provisional permit expires, the
2750	certificateholder must wait 2 additional years before a new
2751	provisional permit may be issued. The intent is to prohibit the
2752	certificateholder from using employees who never reach NICET
2753	Level II status, or equivalent training and education as
2754	determined by the division, by continuously obtaining
2755	provisional permits.
2756	Section 56.  Subsection (3) is added to section 633.524,
2757	Florida Statutes, to read:
2758	633.524  Certificate and permit fees; use and deposit of
2759	collected funds.-
2760	(3)  The State Fire Marshal may enter into a contract with
2761	any qualified public entity or private company in accordance
2762	with chapter 287 to provide examinations for any applicant for
2763	any examination administered under the jurisdiction of the State
2764	Fire Marshal. The State Fire Marshal may direct payments from
2765	each applicant for each examination directly to such contracted
2766	entity or company.
2767	Section 57.  Subsection (4) of section 633.537, Florida
2768	Statutes, is amended to read:
2769	633.537  Certificate; expiration; renewal; inactive
2770	certificate; continuing education.-
2771	(4)  The renewal period for the permit class is the same as
2772	that for the employing certificateholder. The continuing
2773	education requirements for permitholders are what is required to
2774	maintain NICET Sub-field of Inspection and Testing of Fire
2775	Protection Systems Level II, equivalent training and education
2776	as determined by the division, or higher certification plus 8
2777	contact hours of continuing education approved by the State Fire
2778	Marshal during each biennial renewal period thereafter. The
2779	continuing education curriculum from July 1, 2005, until July 1,
2780	2008, shall be the preparatory curriculum for NICET II
2781	certification; after July 1, 2008, the technical curriculum is
2782	at the discretion of the State Fire Marshal and may be used to
2783	meet the maintenance of NICET Level II certification and 8
2784	contact hours of continuing education requirements. It is the
2785	responsibility of the permitholder to maintain NICET II
2786	certification or equivalent training and education as determined
2787	by the division as a condition of permit renewal after July 1,
2788	2008.
2789	Section 58.  Subsection (4) of section 633.72, Florida
2790	Statutes, is amended to read:
2791	633.72  Florida Fire Code Advisory Council.-
2792	(4)  Each appointee shall serve a 4-year term. No member
2793	shall serve more than two consecutive terms one term. No member
2794	of the council shall be paid a salary as such member, but each
2795	shall receive travel and expense reimbursement as provided in s.
2796	112.061.
2797	Section 59.  Subsection (6) of section 718.113, Florida
2798	Statutes, is repealed.
2799	Section 60.  The Florida Building Commission shall revise
2800	the Florida Building Code in order to make it consistent with
2801	the revisions made by this act to s. 399.02, Florida Statutes.
2802	Section 61.  This act shall take effect July 1, 2010.

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