CS/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; creating s. 455.2122, F.S.;
17	authorizing distance learning courses as an alternative to
18	classroom instruction for certain licenses; prohibiting
19	the department or regulatory board from requiring
20	centralized licensing examinations for certain licenses;
21	creating s. 455.2123, F.S.; authorizing distance learning
22	courses as an alternative to classroom instruction for
23	certain licenses; prohibiting the department or a
24	regulatory board from requiring centralized licensing
25	examinations for certain licenses; amending s. 468.631,
26	F.S.; revising the amount of a surcharge and imposing the
27	surcharge on certain building permits; requiring the unit
28	of government collecting the surcharge to remit the funds
29	to the Department of Business and Professional Regulation;
30	requiring the unit of government collecting the surcharge
31	to retain a portion of the funds to fund certain
32	activities of building departments; requiring that the
33	remaining funds from the surcharge be used to fund the
34	Florida Homeowners' Construction Recovery Fund and the
35	Florida Building Code Administrators and Inspectors Board;
36	amending s. 468.83, F.S.; providing for the creation of
37	the home inspection services licensing program within the
38	Department of Business and Professional Regulation;
39	amending s. 468.8311, F.S.; revising the term "home
40	inspection services"; amending s. 468.8312, F.S.; deleting
41	a fee provision for certain certificates of authorization;
42	amending s. 468.8313, F.S.; revising examination
43	requirements for licensure as a home inspector; providing
44	fingerprinting requirements and procedures for license
45	applications; providing that the applicant is responsible
46	for certain costs; amending s. 468.8318, F.S.; revising
47	requirements and procedures for certification of
48	corporations and partnerships offering home inspection
49	services to the public; deleting provisions relating to
50	required certificates of authorization; amending s.
51	468.8319, F.S.; delaying the enforcement of a prohibition
52	against performing certain activities by a person who is
53	not licensed as a home inspector; revising certain
54	prohibitions with respect to providers of home inspection
55	services; amending s. 468.832, F.S.; providing an
56	additional ground for taking certain disciplinary actions;
57	amending s. 468.8324, F.S.; specifying additional
58	requirements for licensure as a home inspector; creating
59	s. 468.8325, F.S.; requiring the department to adopt rules
60	to administer part XV of ch. 468, F.S., relating to home
61	inspectors; amending s. 468.84, F.S.; providing for the
62	creation of the mold-related services licensing program
63	within the Department of Business and Professional
64	Regulation; amending s. 468.8412, F.S.; deleting a fee
65	provision for certain biennial certificates of
66	authorization renewal; amending s. 468.8413, F.S.;
67	revising examination requirements and procedures for
68	licensure as a mold assessor or mold remediator; providing
69	fingerprinting requirements and procedures for license
70	applications; providing that the applicant is responsible
71	for certain costs; amending s. 468.8414, F.S.; specifying
72	an additional applicant qualification criterion for
73	licensure by endorsement; amending s. 468.8418, F.S.;
74	revising requirements and procedures for certification of
75	corporations and partnerships offering mold assessment or
76	mold remediation services to the public; deleting
77	provisions relating to required certificates of
78	authorization; amending s. 468.8419, F.S.; delaying the
79	enforcement of a prohibition against performing certain
80	activities by a person who is not licensed as a mold
81	assessor; amending s. 468.842, F.S.; providing an
82	additional ground for taking certain disciplinary actions;
83	amending s. 468.8421, F.S.; specifying an insurance
84	coverage requirement for mold assessors; amending s.
85	468.8423, F.S.; specifying additional requirements for
86	licensure as a mold assessor or mold remediator; creating
87	s. 468.8424, F.S.; requiring the Department of Business
88	and Professional Regulation to adopt rules to administer
89	part XVI of ch. 468, F.S., relating to mold-related
90	services; amending s. 489.103, F.S.; conforming a cross-
91	reference; amending s. 553.37, F.S.; authorizing
92	manufacturers to pay inspection fees directly to the
93	provider of inspection services; providing requirements
94	for rules of the Department of Business and Professional
95	Regulation regarding the schedule of fees; authorizing the
96	department to enter into contracts for the performance of
97	certain administrative duties; revising inspection
98	requirements for certain custom manufactured buildings;
99	amending s. 553.375, F.S.; revising the requirement for
100	recertification of manufactured buildings prior to
101	relocation; amending s. 553.512, F.S.; requiring the
102	Florida Building Commission to establish by rule a fee for
103	certain waiver requests; amending s. 553.721, F.S.;
104	revising the amount of a surcharge and imposing the
105	surcharge on certain building permits; requiring the unit
106	of government collecting the surcharge to electronically
107	remit the funds to the Department of Community Affairs;
108	requiring the unit of government collecting the surcharge
109	to retain a portion of the funds to fund certain
110	activities of building departments; deleting obsolete
111	language; amending s. 553.73, F.S.; conforming cross-
112	references; authorizing counties and municipalities to
113	adopt by ordinance administrative or technical amendments
114	to the Florida Building Code for certain flood-related
115	purposes; specifying requirements and procedures; revising
116	foundation code adoption requirements; authorizing the
117	Florida Building Commission to approve amendments relating
118	to equivalency of standards; exempting certain mausoleums
119	from the requirements of the Florida Building Code;
120	exempting certain temporary housing provided by the
121	Department of Corrections from the requirements of the
122	Florida Building Code; restricting the code, code
123	enforcement agencies, and local governments from imposing
124	requirements on certain mechanical equipment on roofs;
125	amending s. 553.74, F.S.; specifying absence of
126	impermissible conflicts of interest for certain committee
127	or workgroup members while representing clients under
128	certain circumstances; specifying certain prohibited
129	activities for such members; amending s. 553.76, F.S.;
130	authorizing the Florida Building Commission to adopt rules
131	related to consensus-building decisionmaking; amending s.
132	553.775, F.S.; conforming a cross-reference; authorizing
133	the commission to charge a fee for filing certain requests
134	and for nonbinding interpretations; limiting fees for
135	nonbinding interpretations; amending s. 553.79, F.S.;
136	requiring certain inspection services to be performed
137	under the alternative plans review and inspection process
138	or by a local governmental entity; reenacting s.
139	553.80(1), F.S., relating to the enforcement of the
140	Florida Building Code, to incorporate the amendments made
141	to s. 553.79, F.S., in a reference thereto; amending s.
142	553.80, F.S.; specifying nonapplicability of certain
143	exemptions from the Florida Building Code granted by
144	certain enforcement entities under certain circumstances;
145	revising requirements for review of facility plans and
146	construction surveyed for certain hospitals and health
147	care facilities; amending s. 553.841, F.S.; deleting
148	provisions requiring that the Department of Community
149	Affairs maintain, update, develop, or cause to be
150	developed a core curriculum for persons who enforce the
151	Florida Building Code; amending s. 553.842, F.S.;
152	authorizing rules requiring the payment of product
153	evaluation fees directly to the administrator of the
154	product evaluation and approval system; specifying the use
155	of such fees; authorizing the Florida Building Commission
156	to provide by rule for editorial revisions to certain
157	approvals and charge certain fees; providing requirements
158	for the approval of applications for state approval of a
159	product; providing for certain approved products to be
160	immediately added to the list of state-approved products;
161	requiring that the commission's oversight committee review
162	approved products; revising the list of approved
163	evaluation entities; deleting obsolete provisions
164	governing evaluation entities; amending s. 553.844, F.S.;
165	providing an exemption from the requirements regarding
166	roof and opening protections for certain exposed
167	mechanical equipment or appliances; providing for future
168	expiration; amending s. 553.885, F.S.; revising
169	requirements for carbon monoxide alarms; providing an
170	exception for buildings undergoing alterations or repairs;
171	defining the term "addition" as it relates to the
172	requirement of a carbon monoxide alarm; amending s.
173	553.9061, F.S.; revising the energy-efficiency performance
174	options and elements identified by the commission for
175	purposes of meeting certain goals; amending s. 553.909,
176	F.S.; revising a compliance criterion for certain swimming
177	pool pumps or water heaters; revising requirements for
178	residential swimming pool pumps and pump motors; amending
179	s. 553.912, F.S.; providing requirements for replacement
180	air-conditioning systems; amending s. 627.711, F.S.;
181	conforming provisions to changes made by the act in which
182	core curriculum courses relating to the Florida Building
183	Code are deleted; revising the list of persons qualified
184	to sign certain mitigation verification forms for certain
185	purposes; amending s. 633.021, F.S.; providing additional
186	definitions for fire equipment dealers; revising the
187	definition of the term "preengineered systems"; amending
188	s. 633.0215, F.S.; providing guidelines for the State Fire
189	Marshal to apply when issuing an expedited declaratory
190	statement; requiring that the State Fire Marshal issue an
191	expedited declaratory statement under certain
192	circumstances; providing requirements for a petition
193	requesting an expedited declaratory statement; exempting
194	certain condominiums from installing manual fire alarm
195	systems; amending s. 633.0245, F.S.; conforming cross-
196	references; amending s. 633.025, F.S.; prohibiting
197	requiring property owners to install fire sprinklers in
198	certain residential property; amending s. 633.026, F.S.;
199	providing legislative intent; revising authority of the
200	State Fire Marshal to contract with and refer interpretive
201	issues to certain entities; providing for the
202	establishment of the Fire Code Interpretation Committee;
203	providing for the membership of the committee and
204	requirements for membership; requiring that nonbinding
205	interpretations of the Florida Fire Prevention Code be
206	issued within a specified period after a request is
207	received; providing for the waiver of such requirement
208	under certain conditions; requiring that the Division of
209	State Fire Marshal charge a fee for nonbinding
210	interpretations; providing that fees may be paid directly
211	to a contract provider; providing requirements for
212	requesting a nonbinding interpretation; requiring that the
213	Division of State Fire Marshal develop a form for
214	submitting a petition for a nonbinding interpretation;
215	providing for a formal interpretation by the State Fire
216	Marshal; requiring that an interpretation of the Florida
217	Fire Prevention Code be published on the division's
218	website and in the Florida Administrative Weekly; amending
219	s. 626.061, F.S.; authorizing certain fire equipment
220	dealer licensees to maintain inactive license status under
221	certain circumstances; providing requirements; providing
222	for a renewal fee; revising certain continuing education
223	requirements; revising an applicant licensure
224	qualification requirement; amending s. 633.081, F.S.;
225	requiring that the State Fire Marshal inspect a building
226	when the State Fire Marshal, rather than the Department of
227	Financial Services, has cause to believe a violation has
228	occurred; providing exceptions for requirements that
229	certain firesafety inspections be conducted by firesafety
230	inspectors; requiring that the Division of State Fire
231	Marshal and the Florida Building Code Administrators and
232	Inspectors Board enter into a reciprocity agreement for
233	purposes of recertifying building code inspectors, plan
234	inspectors, building code administrators, and firesafety
235	inspectors; requiring that the State Fire Marshal develop
236	by rule an advanced training and certification program for
237	firesafety inspectors who have fire code management
238	responsibilities; requiring that the program be consistent
239	with certain standards and establish minimum training,
240	education, and experience levels for such firesafety
241	inspectors; amending s. 633.082, F.S.; authorizing
242	alternative inspection procedures for certain fire
243	hydrants; requiring periodic testing or operation of
244	certain equipment; providing that nonmandated sprinkler
245	systems may not be required to be removed; amending s.
246	633.352, F.S.; providing an exception to requirements for
247	recertification as a firefighter; amending s. 633.521,
248	F.S.; revising requirements for certification as a fire
249	protection system contractor; revising the prerequisites
250	for taking the certification examination; authorizing the
251	State Fire Marshal to accept more than one source of
252	professional certification; revising legislative intent;
253	amending s. 633.524, F.S.; authorizing the State Fire
254	Marshal to enter into contracts for examination services;
255	providing for the direct payment of examination fees to
256	contract providers; amending s. 633.537, F.S.; revising
257	the continuing education requirements for certain
258	permitholders; amending 633.72, F.S.; revising the terms
259	of service for members of the Fire Code Advisory Council;
260	repealing s. 718.113(6), F.S., relating to requirements
261	for 5-year inspections of certain condominium
262	improvements; directing the Florida Building Commission to
263	conform provisions of the Florida Building Code with
264	revisions made by the act relating to the operation of
265	elevators; requiring the Department of Management Services
266	to consider the energy efficiency of building materials
267	used for certain purposes in state buildings or
268	facilities; requiring the department to adopt rules
269	relating to installing high-efficiency replacement lamps
270	in buildings owned by a state agency; providing an
271	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 in accordance with subsection
342	(3). The Division of State Fire Marshal of the Department of
343	Financial Services shall enforce this subsection.
344	Section 4.  Section 455.2122, Florida Statutes, is created
345	to read:
346	455.2122  Education.-A board, or the department where there
347	is no board, shall approve distance learning courses as an
348	alternative to classroom courses to satisfy prelicensure or
349	postlicensure education requirements provided for in part VIII
350	of chapter 468 or part I of chapter 475. A board, or the
351	department when there is no board, may not require centralized
352	examinations for completion of prelicensure or postlicensure
353	education requirements for those professions licensed under part
354	VIII of chapter 468 or part I of chapter 475.
355	Section 5.  Section 455.2123, Florida Statutes, is amended
356	to read:
357	455.2123  Continuing education.-A board, or the department
358	when there is no board, may provide by rule that distance
359	learning may be used to satisfy continuing education
360	requirements. A board, or the department when there is no board,
361	shall approve distance learning courses as an alternative to
362	classroom courses to satisfy continuing education requirements
363	provided for in part VIII, part XV, or part XVI of chapter 468
364	or part I or part II of chapter 475 and may not require
365	centralized examinations for completion of continuing education
366	requirements for the professions licensed under part VIII, part
367	XV, or part XVI of chapter 468 or part I or part II of chapter
368	475.
369	Section 6.  Subsection (1) of section 468.631, Florida
370	Statutes, is amended to read:
371	468.631  Building Code Administrators and Inspectors Fund.-
372	(1)  This part shall be funded through a surcharge, to be
373	assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
374	1.5 percent of all permit fees associated with enforcement of
375	the Florida Building Code as defined by the uniform account
376	criteria and specifically the uniform account code for building
377	permits adopted for local government financial reporting
378	pursuant to s. 218.32 one-half cent per square foot of under-
379	roof floor space permitted, including new construction,
380	renovations, alterations, and additions. The minimum amount
381	collected on any permit issued shall be $2. The unit of
382	government responsible for collecting permit fees pursuant to s.
383	125.56(4) or s. 166.201 shall collect such surcharge and shall
384	remit the funds to the department on a quarterly calendar basis
385	beginning not later than December 31, 2010 1993, for the
386	preceding quarter, and continuing each third month thereafter;
387	and such unit of government shall may retain an amount up to 10
388	percent of the surcharge collected to fund the participation of
389	building departments in the national and state building code
390	adoption processes and to provide education related to
391	enforcement of the Florida Building Code projects and activities
392	intended to improve the quality of building code enforcement.
393	There is created within the Professional Regulation Trust Fund a
394	separate account to be known as the Building Code Administrators
395	and Inspectors Fund, which shall deposit and disburse funds as
396	necessary for the implementation of this part. The proceeds from
397	this surcharge shall be allocated equally to fund the Florida
398	Homeowners' Construction Recovery Fund established by s. 489.140
399	and the functions of the Building Code Administrators and
400	Inspectors Board. The department shall annually establish the
401	amount needed to fund the certification and regulation of
402	building code administrators, plans examiners, and building code
403	inspectors. Any funds collected in excess of the amount needed
404	to adequately fund the certification and regulation of building
405	code administrators, plans examiners, and building code
406	inspectors shall be deposited into the Florida Homeowners'
407	Construction Recovery Fund established by s. 489.140. If the
408	Florida Homeowners' Construction Recovery Fund is fully funded
409	as provided by s. 489.140, any remaining funds shall be
410	distributed to the Construction Industry Licensing Board for use
411	in the regulation of certified and registered contractors.
412	Section 7.  Section 468.83, Florida Statutes, is amended to
413	read:
414	468.83  Home inspection services licensing program;
415	purpose.-
416	(1)  There is created within the department the home
417	inspection services licensing program.
418	(2)  The Legislature recognizes that there is a need to
419	require the licensing of home inspectors and to ensure that
420	consumers of home inspection services can rely on the competence
421	of home inspectors, as determined by educational and experience
422	requirements and testing. Therefore, the Legislature deems it
423	necessary in the interest of the public welfare to regulate home
424	inspectors in this state.
425	Section 8.  Subsection (4) of section 468.8311, Florida
426	Statutes, is amended to read:
427	468.8311  Definitions.-As used in this part, the term:
428	(4)  "Home inspection services" means a limited visual
429	examination of one or more of the following readily accessible
430	installed systems and components of a home: the structure,
431	electrical system, HVAC system, roof covering, plumbing system,
432	interior components, exterior components, and site conditions
433	that affect the structure, for the purposes of providing a
434	written professional opinion of the condition of the home.
435	Section 9.  Subsections (4) through (8) of section
436	468.8312, Florida Statutes, are amended to read:
437	468.8312  Fees.-
438	(4)  The fee for a certificate of authorization shall not
439	exceed $125.
440	(4)(5)  The biennial renewal fee shall not exceed $200.
441	(5)(6)  The fee for licensure by endorsement shall not
442	exceed $200.
443	(6)(7)  The fee for application for inactive status or for
444	reactivation of an inactive license shall not exceed $200.
445	(7)(8)  The fee for applications from providers of
446	continuing education may not exceed $500.
447	Section 10.  Subsections (1) and (2) of section 468.8313,
448	Florida Statutes, are amended, present subsection (6) of that
449	section is renumbered as subsection (7) and amended, and a new
450	subsection (6) is added to that section, to read:
451	468.8313  Examinations.-
452	(1)  A person desiring to be licensed as a home inspector
453	must shall apply to the department after he or she satisfies the
454	examination requirements of this part to take a licensure
455	examination.
456	(2)  An applicant may shall be entitled to take the
457	licensure examination for the purpose of determining whether he
458	or she is qualified to practice in this state as a home
459	inspector if he or she passes the required examination, the
460	applicant is of good moral character, and completes has
461	completed a course of study of at least no less than 120 hours
462	that covers all of the following components of a home:
463	structure, electrical system, HVAC system, roof covering,
464	plumbing system, interior components, exterior components, and
465	site conditions that affect the structure.
466	(6)  An applicant for a license shall submit, together with
467	the application, a complete set of electronic fingerprints to
468	the department. The department shall submit the fingerprints to
469	the Department of Law Enforcement for state processing, and the
470	Department of Law Enforcement shall forward them to the Federal
471	Bureau of Investigation for national processing, to determine
472	whether the applicant has a criminal history record. The
473	department shall review the background results to determine if
474	an applicant meets licensure requirements. The applicant is
475	responsible for the cost associated with processing the
476	fingerprints. The authorized agencies or vendors shall collect
477	such fees and pay for the processing costs due to the Department
478	of Law Enforcement.
479	(7)(6)  The department may adopt rules pursuant to ss.
480	120.536(1) and 120.54 to implement the provisions of this
481	section.
482	Section 11.  Section 468.8318, Florida Statutes, is amended
483	to read:
484	468.8318  Certification of corporations and partnerships.-
485	(1)  The department shall issue a certificate of
486	authorization to a corporation or partnership offering home
487	inspection services to the public if the corporation or
488	partnership satisfies all of the requirements of this part.
489	(2)  The practice of or the offer to practice home
490	inspection services by licensees through a corporation or
491	partnership offering home inspection services to the public, or
492	by a corporation or partnership offering such services to the
493	public through licensees under this part as agents, employees,
494	officers, or partners, is permitted subject to the provisions of
495	this part, provided that all personnel of the corporation or
496	partnership who act in its behalf as home inspectors in this
497	state are licensed as provided by this part; and further
498	provided that the corporation or partnership has been issued a
499	certificate of authorization by the department as provided in
500	this section. Nothing in this section shall be construed to
501	allow a corporation to hold a license to practice home
502	inspection services. No corporation or partnership shall be
503	relieved of responsibility for the conduct or acts of its
504	agents, employees, or officers by reason of its compliance with
505	this section, nor shall any individual practicing home
506	inspection services be relieved of responsibility for
507	professional services performed by reason of his or her
508	employment or relationship with a corporation or partnership.
509	(3)  For the purposes of this section, a certificate of
510	authorization shall be required for a corporation, partnership,
511	association, or person practicing under a fictitious name and
512	offering home inspection services to the public; however, when
513	an individual is practicing home inspection services in his or
514	her own given name, he or she shall not be required to register
515	under this section.
516	(4)  Each certificate of authorization shall be renewed
517	every 2 years. Each partnership and corporation certified under
518	this section shall notify the department within 1 month of any
519	change in the information contained in the application upon
520	which the certification is based.
521	(5)  Disciplinary action against a corporation or
522	partnership shall be administered in the same manner and on the
523	same grounds as disciplinary action against a licensed home
524	inspector.
525	Section 12.  Section 468.8319, Florida Statutes, is amended
526	to read:
527	468.8319  Prohibitions; penalties.-
528	(1)  A person home inspector, a company that employs a home
529	inspector, or a company that is controlled by a company that
530	also has a financial interest in a company employing a home
531	inspector may not:
532	(a)  Effective July 1, 2011, practice or offer to practice
533	home inspection services unless the person has complied with the
534	provisions of this part;
535	(b)  Effective July 1, 2011, use the name or title
536	"certified home inspector," "registered home inspector,"
537	"licensed home inspector," "home inspector," "professional home
538	inspector," or any combination thereof unless the person has
539	complied with the provisions of this part;
540	(c)  Present as his or her own the license of another;
541	(d)  Knowingly give false or forged evidence to the
542	department or an employee thereof;
543	(e)  Use or attempt to use a license that has been
544	suspended or revoked;
545	(f)  Perform or offer to perform, prior to closing, for any
546	additional fee, any repairs to a home on which the inspector or
547	the inspector's company has prepared a home inspection report.
548	This paragraph does not apply to a home warranty company that is
549	affiliated with or retains a home inspector to perform repairs
550	pursuant to a claim made under a home warranty contract;
551	(g)  Inspect for a fee any property in which the inspector
552	or the inspector's company has any financial or transfer
553	interest;
554	(h)  Offer or deliver any compensation, inducement, or
555	reward to any broker or agent therefor for the referral of the
556	owner of the inspected property to the inspector or the
557	inspection company; or
558	(i)  Accept an engagement to make an omission or prepare a
559	report in which the inspection itself, or the fee payable for
560	the inspection, is contingent upon either the conclusions in the
561	report, preestablished findings, or the close of escrow.
562	(2)  Any person who is found to be in violation of any
563	provision of this section commits a misdemeanor of the first
564	degree, punishable as provided in s. 775.082 or s. 775.083.
565	(3)  This section does not apply to unlicensed activity as
566	described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
567	which occurs before July 1, 2011.
568	Section 13.  Subsection (1) of section 468.832, Florida
569	Statutes, is amended to read:
570	468.832  Disciplinary proceedings.-
571	(1)  The following acts constitute grounds for which the
572	disciplinary actions in subsection (2) may be taken:
573	(a)  Violation of any provision of this part or s.
574	455.227(1).;
575	(b)  Attempting to procure a license to practice home
576	inspection services by bribery or fraudulent misrepresentation.;
577	(c)  Having a license to practice home inspection services
578	revoked, suspended, or otherwise acted against, including the
579	denial of licensure, by the licensing authority of another
580	state, territory, or country.;
581	(d)  Being convicted or found guilty of, or entering a plea
582	of nolo contendere to, regardless of adjudication, a crime in
583	any jurisdiction that directly relates to the practice of home
584	inspection services or the ability to practice home inspection
585	services.;
586	(e)  Making or filing a report or record that the licensee
587	knows to be false, willfully failing to file a report or record
588	required by state or federal law, willfully impeding or
589	obstructing such filing, or inducing another person to impede or
590	obstruct such filing. Such reports or records shall include only
591	those that are signed in the capacity of a licensed home
592	inspector.;
593	(f)  Advertising goods or services in a manner that is
594	fraudulent, false, deceptive, or misleading in form or content.;
595	(g)  Engaging in fraud or deceit, or negligence,
596	incompetency, or misconduct, in the practice of home inspection
597	services.;
598	(h)  Failing to perform any statutory or legal obligation
599	placed upon a licensed home inspector; violating any provision
600	of this chapter, a rule of the department, or a lawful order of
601	the department previously entered in a disciplinary hearing; or
602	failing to comply with a lawfully issued subpoena of the
603	department.; or
604	(i)  Practicing on a revoked, suspended, inactive, or
605	delinquent license.
606	(j)  Failing to meet any standard of practice adopted by
607	rule of the department.
608	Section 14.  Section 468.8324, Florida Statutes, is amended
609	to read:
610	468.8324  Grandfather clause.-
611	(1)  A person who performs home inspection services as
612	defined in this part may qualify for licensure to be licensed by
613	the department as a home inspector if the person submits an
614	application to the department postmarked on or before March 1,
615	2011, which shows that the applicant: meets the licensure
616	requirements of this part by July 1, 2010.
617	(a)  Is certified as a home inspector by a state or
618	national association that requires, for such certification,
619	successful completion of a proctored examination on home
620	inspection services and completes at least 14 hours of
621	verifiable education on such services; or
622	(b)  Has at least 3 years of experience as a home inspector
623	at the time of application and has completed 14 hours of
624	verifiable education on home inspection services. To establish
625	the 3 years of experience, an applicant must submit at least 120
626	home inspection reports prepared by the applicant.
627	(2)  The department may investigate the validity of a home
628	inspection report submitted under paragraph (1)(b) and, if the
629	applicant submits a false report, may take disciplinary action
630	against the applicant under s. 468.832(1)(e) or (g).
631	(3)  An applicant may not qualify for licensure under this
632	section if he or she has had a home inspector license or a
633	license in any related field revoked at any time or suspended
634	within the previous 5 years or has been assessed a fine that
635	exceeds $500 within the previous 5 years. For purposes of this
636	subsection, a license in a related field includes, but is not
637	limited to, licensure in real estate, construction, mold-related
638	services, or building code administration or inspection.
639	(4)  An applicant for licensure under this section must
640	comply with the criminal history, good moral character, and
641	insurance requirements of this part.
642	Section 15.  Section 468.8325, Florida Statutes, is created
643	to read:
644	468.8325  Rulemaking authority.-The department shall adopt
645	rules to administer this part.
646	Section 16.  Section 468.84, Florida Statutes, is amended
647	to read:
648	468.84  Mold-related services licensing program;
649	legislative purpose.-
650	(1)  There is created within the department the mold-
651	related services licensing program.
652	(2)  The Legislature finds it necessary in the interest of
653	the public safety and welfare, to prevent damage to real and
654	personal property, to avert economic injury to the residents of
655	this state, and to regulate persons and companies that hold
656	themselves out to the public as qualified to perform mold-
657	related services.
658	Section 17.  Subsections (6) through (10) of section
659	468.8412, Florida Statutes, are amended to read:
660	468.8412  Fees.-
661	(6)  The fee for a biennial certificate of authorization
662	renewal shall not exceed $400.
663	(6)(7)  The fee for licensure by endorsement shall not
664	exceed $200.
665	(7)(8)  The fee for application for inactive status shall
666	not exceed $100.
667	(8)(9)  The fee for reactivation of an inactive license
668	shall not exceed $200.
669	(9)(10)  The fee for applications from providers of
670	continuing education may not exceed $500.
671	Section 18.  Subsections (1) and (2) of section 468.8413,
672	Florida Statutes, are amended, and subsection (6) is added to
673	that section, to read:
674	468.8413  Examinations.-
675	(1)  A person desiring to be licensed as a mold assessor or
676	mold remediator must shall apply to the department after
677	satisfying the examination requirements of this part to take a
678	licensure examination.
679	(2)  An applicant may shall be entitled to take the
680	licensure examination to practice in this state as a mold
681	assessor or mold remediator if he or she passes the required
682	examination, the applicant is of good moral character, and
683	completes has satisfied one of the following requirements:
684	(a)1.  For a mold remediator, at least a 2-year associate
685	of arts degree, or the equivalent, with at least 30 semester
686	hours in microbiology, engineering, architecture, industrial
687	hygiene, occupational safety, or a related field of science from
688	an accredited institution and a minimum of 1 year of documented
689	field experience in a field related to mold remediation; or
690	2.  A high school diploma or the equivalent with a minimum
691	of 4 years of documented field experience in a field related to
692	mold remediation.
693	(b)1.  For a mold assessor, at least a 2-year associate of
694	arts degree, or the equivalent, with at least 30 semester hours
695	in microbiology, engineering, architecture, industrial hygiene,
696	occupational safety, or a related field of science from an
697	accredited institution and a minimum of 1 year of documented
698	field experience in conducting microbial sampling or
699	investigations; or
700	2.  A high school diploma or the equivalent with a minimum
701	of 4 years of documented field experience in conducting
702	microbial sampling or investigations.
703	(6)  An applicant for a license shall submit, together with
704	the application, a complete set of electronic fingerprints to
705	the department. The department shall submit the fingerprints to
706	the Department of Law Enforcement for state processing, and the
707	Department of Law Enforcement shall forward them to the Federal
708	Bureau of Investigation for national processing, to determine
709	whether the applicant has a criminal history record. The
710	department shall review the background results to determine if
711	an applicant meets licensure requirements. The applicant is
712	responsible for the cost associated with processing the
713	fingerprints. The authorized agencies or vendors shall collect
714	such fees and pay for the processing costs due to the Department
715	of Law Enforcement.
716	Section 19.  Subsection (3) of section 468.8414, Florida
717	Statutes, is amended to read:
718	468.8414  Licensure.-
719	(3)  The department shall certify as qualified for a
720	license by endorsement an applicant who is of good moral
721	character, who has the insurance coverage required under s.
722	468.8421, and who:
723	(a)  Is qualified to take the examination as set forth in
724	s. 468.8413 and has passed a certification examination offered
725	by a nationally recognized organization that certifies persons
726	in the specialty of mold assessment or mold remediation that has
727	been approved by the department as substantially equivalent to
728	the requirements of this part and s. 455.217; or
729	(b)  Holds a valid license to practice mold assessment or
730	mold remediation issued by another state or territory of the
731	United States if the criteria for issuance of the license were
732	substantially the same as the licensure criteria that is
733	established by this part as determined by the department.
734	Section 20.  Section 468.8418, Florida Statutes, is amended
735	to read:
736	468.8418  Certification of partnerships and corporations.-
737	(1)  The department shall issue a certificate of
738	authorization to a corporation or partnership offering mold
739	assessment or mold remediation services to the public if the
740	corporation or partnership satisfies all of the requirements of
741	this part.
742	(2)  The practice of or the offer to practice mold
743	assessment or mold remediation by licensees through a
744	corporation or partnership offering mold assessment or mold
745	remediation to the public, or by a corporation or partnership
746	offering such services to the public through licensees under
747	this part as agents, employees, officers, or partners, is
748	permitted subject to the provisions of this part, provided that
749	the corporation or partnership has been issued a certificate of
750	authorization by the department as provided in this section.
751	Nothing in this section shall be construed to allow a
752	corporation to hold a license to practice mold assessment or
753	mold remediation. No corporation or partnership shall be
754	relieved of responsibility for the conduct or acts of its
755	agents, employees, or officers by reason of its compliance with
756	this section, nor shall any individual practicing mold
757	assessment or mold remediation be relieved of responsibility for
758	professional services performed by reason of his or her
759	employment or relationship with a corporation or partnership.
760	(3)  For the purposes of this section, a certificate of
761	authorization shall be required for a corporation, partnership,
762	association, or person practicing under a fictitious name,
763	offering mold assessment or mold remediation; however, when an
764	individual is practicing mold assessment or mold remediation
765	under his or her own given name, he or she shall not be required
766	to register under this section.
767	(4)  Each certificate of authorization shall be renewed
768	every 2 years. Each partnership and corporation certified under
769	this section shall notify the department within 1 month of any
770	change in the information contained in the application upon
771	which the certification is based.
772	(5)  Disciplinary action against a corporation or
773	partnership shall be administered in the same manner and on the
774	same grounds as disciplinary action against a licensed mold
775	assessor or mold remediator.
776	Section 21.  Subsection (1) of section 468.8419, Florida
777	Statutes, is amended, and subsection (4) is added to that
778	section, to read:
779	468.8419  Prohibitions; penalties.-
780	(1)  A person mold assessor, a company that employs a mold
781	assessor, or a company that is controlled by a company that also
782	has a financial interest in a company employing a mold assessor
783	may not:
784	(a)  Effective July 1, 2011, perform or offer to perform
785	any mold assessment unless the mold assessor has documented
786	training in water, mold, and respiratory protection under s.
787	468.8414(2).
788	(b)  Effective July 1, 2011, perform or offer to perform
789	any mold assessment unless the person has complied with the
790	provisions of this part.
791	(c)  Use the name or title "certified mold assessor,"
792	"registered mold assessor," "licensed mold assessor," "mold
793	assessor," "professional mold assessor," or any combination
794	thereof unless the person has complied with the provisions of
795	this part.
796	(d)  Perform or offer to perform any mold remediation to a
797	structure on which the mold assessor or the mold assessor's
798	company provided a mold assessment within the last 12 months.
799	(e)  Inspect for a fee any property in which the assessor
800	or the assessor's company has any financial or transfer
801	interest.
802	(f)  Accept any compensation, inducement, or reward from a
803	mold remediator or mold remediator's company for the referral of
804	any business to the mold remediator or the mold remediator's
805	company.
806	(g)  Offer any compensation, inducement, or reward to a
807	mold remediator or mold remediator's company for the referral of
808	any business from the mold remediator or the mold remediator's
809	company.
810	(h)  Accept an engagement to make an omission of the
811	assessment or conduct an assessment in which the assessment
812	itself, or the fee payable for the assessment, is contingent
813	upon the conclusions of the assessment.
814	(4)  This section does not apply to unlicensed activity as
815	described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
816	which occurs before July 1, 2011.
817	Section 22.  Subsection (1) of section 468.842, Florida
818	Statutes, is amended to read:
819	468.842  Disciplinary proceedings.-
820	(1)  The following acts constitute grounds for which the
821	disciplinary actions in subsection (2) may be taken:
822	(a)  Violation of any provision of this part or s.
823	455.227(1).;
824	(b)  Attempting to procure a license to practice mold
825	assessment or mold remediation by bribery or fraudulent
826	misrepresentations.;
827	(c)  Having a license to practice mold assessment or mold
828	remediation revoked, suspended, or otherwise acted against,
829	including the denial of licensure, by the licensing authority of
830	another state, territory, or country.;
831	(d)  Being convicted or found guilty of, or entering a plea
832	of nolo contendere to, regardless of adjudication, a crime in
833	any jurisdiction that directly relates to the practice of mold
834	assessment or mold remediation or the ability to practice mold
835	assessment or mold remediation.;
836	(e)  Making or filing a report or record that the licensee
837	knows to be false, willfully failing to file a report or record
838	required by state or federal law, willfully impeding or
839	obstructing such filing, or inducing another person to impede or
840	obstruct such filing. Such reports or records shall include only
841	those that are signed in the capacity of a registered mold
842	assessor or mold remediator.;
843	(f)  Advertising goods or services in a manner that is
844	fraudulent, false, deceptive, or misleading in form or content.;
845	(g)  Engaging in fraud or deceit, or negligence,
846	incompetency, or misconduct, in the practice of mold assessment
847	or mold remediation.;
848	(h)  Failing to perform any statutory or legal obligation
849	placed upon a licensed mold assessor or mold remediator;
850	violating any provision of this chapter, a rule of the
851	department, or a lawful order of the department previously
852	entered in a disciplinary hearing; or failing to comply with a
853	lawfully issued subpoena of the department.; or
854	(i)  Practicing on a revoked, suspended, inactive, or
855	delinquent license.
856	(j)  Failing to meet any standard of practice adopted by
857	rule of the department.
858	Section 23.  Subsection (1) of section 468.8421, Florida
859	Statutes, is amended to read:
860	468.8421  Insurance.-
861	(1)  A mold assessor shall maintain general liability and
862	errors and omissions for both preliminary and postremediation
863	mold assessment insurance coverage in an amount of at least $1
864	million not less than $1,000,000.
865	Section 24.  Section 468.8423, Florida Statutes, is amended
866	to read:
867	468.8423  Grandfather clause.-
868	(1)  A person who performs mold assessment or mold
869	remediation as defined in this part may qualify to be licensed
870	by the department as a mold assessor or mold remediator if the
871	person submits his or her application to the department by March
872	1, 2011, whether postmarked or delivered by that date, and if
873	the person: meets the licensure requirements of this part by
874	July 1, 2010.
875	(a)  Is certified as a mold assessor or mold remediator by
876	a state or national association that requires, for such
877	certification, successful completion of a proctored examination
878	on mold assessment or mold remediation, as applicable, and
879	completes at least 60 hours of education on mold assessment or
880	at least 30 hours of education on mold remediation, as
881	applicable; or
882	(b)  At the time of application, has at least 3 years of
883	experience as a mold assessor or mold remediator. To establish
884	the 3 years of experience, an applicant must submit at least 40
885	mold assessments or remediation invoices prepared by the
886	applicant.
887	(2)  The department may investigate the validity of a mold
888	assessment or remediation invoice submitted under paragraph
889	(1)(b) and, if the applicant submits a false assessment or
890	invoice, may take disciplinary action against the applicant
891	under s. 468.842(1)(e) or (g).
892	(3)  An applicant may not qualify for licensure under this
893	section if he or she has had a mold assessor or mold remediator
894	license or a license in any related field revoked at any time or
895	suspended within the previous 5 years or has been assessed a
896	fine that exceeds $500 within the previous 5 years. For purposes
897	of this subsection, a license in a related field includes, but
898	is not limited to, licensure in real estate, construction, home
899	inspection, building code administration or inspection, or
900	indoor air quality.
901	(4)  An applicant for licensure under this section must
902	comply with the good moral character and insurance requirements
903	of this part.
904	Section 25.  Section 468.8424, Florida Statutes, is created
905	to read:
906	468.8424  Rulemaking authority.-The department shall adopt
907	rules to administer this part.
908	Section 26.  Subsection (22) of section 489.103, Florida
909	Statutes, is amended to read:
910	489.103  Exemptions.-This part does not apply to:
911	(22)  A person licensed pursuant to s. 633.061(1)(d) or
912	(3)(2)(b) performing work authorized by such license.
913	Section 27.  Subsections (2), (8), and (9) of section
914	553.37, Florida Statutes, are amended, and subsection (12) is
915	added to that section, to read:
916	553.37  Rules; inspections; and insignia.-
917	(2)  The department shall adopt rules to address:
918	(a)  Procedures and qualifications for approval of third-
919	party plan review and inspection agencies and of those who
920	perform inspections and plan reviews.
921	(b)  Investigation of consumer complaints of noncompliance
922	of manufactured buildings with the Florida Building Code and the
923	Florida Fire Prevention Code.
924	(c)  Issuance, cancellation, and revocation of any insignia
925	issued by the department and procedures for auditing and
926	accounting for disposition of them.
927	(d)  Monitoring the manufacturers', inspection agencies',
928	and plan review agencies' compliance with this part and the
929	Florida Building Code. Monitoring may include, but is not
930	limited to, performing audits of plans, inspections of
931	manufacturing facilities and observation of the manufacturing
932	and inspection process, and onsite inspections of buildings.
933	(e)  The performance by the department and its designees
934	and contractors of any other functions required by this part.
935	(8)  The department, by rule, shall establish a schedule of
936	fees to pay the cost of the administration and enforcement of
937	this part. The rule may provide for manufacturers to pay fees to
938	the administrator directly via the Building Code Information
939	System.
940	(9)  The department may delegate its enforcement authority
941	to a state department having building construction
942	responsibilities or a local government and may enter into
943	contracts for the performance of its administrative duties under
944	this part. The department may delegate its plan review and
945	inspection authority to one or more of the following in any
946	combination:
947	(a)  A state department having building construction
948	responsibilities;
949	(b)  A local government;
950	(c)  An approved inspection agency;
951	(d)  An approved plan review agency; or
952	(e)  An agency of another state.
953	(12)  Custom or one-of-a-kind prototype manufactured
954	buildings are not required to have state approval, but must be
955	in compliance with all local requirements of the governmental
956	agency having jurisdiction at the installation site.
957	Section 28.  Section 553.375, Florida Statutes, is amended
958	to read:
959	553.375  Recertification of manufactured buildings.-Prior
960	to the relocation to a site that has a higher design wind speed,
961	modification, or change of occupancy of a manufactured building
962	within the state, the manufacturer, dealer, or owner thereof may
963	apply to the department for recertification of that manufactured
964	building. The department shall, by rule, provide what
965	information the applicant must submit for recertification and
966	for plan review and inspection of such manufactured buildings
967	and shall establish fees for recertification. Upon a
968	determination by the department that the manufactured building
969	complies with the applicable building codes, the department
970	shall issue a recertification insignia. A manufactured building
971	that bears recertification insignia does not require any
972	additional approval by an enforcement jurisdiction in which the
973	building is sold or installed, and is considered to comply with
974	all applicable codes. As an alternative to recertification by
975	the department, the manufacturer, dealer, or owner of a
976	manufactured building may seek appropriate permitting and a
977	certificate of occupancy from the local jurisdiction in
978	accordance with procedures generally applicable under the
979	Florida Building Code.
980	Section 29.  Subsection (1) of section 553.512, Florida
981	Statutes, is amended to read:
982	553.512  Modifications and waivers; advisory council.-
983	(1)  The Florida Building Commission shall provide by
984	regulation criteria for granting individual modifications of, or
985	exceptions from, the literal requirements of this part upon a
986	determination of unnecessary, unreasonable, or extreme hardship,
987	provided such waivers shall not violate federal accessibility
988	laws and regulations and shall be reviewed by the Accessibility
989	Advisory Council. The commission shall establish by rule a fee
990	to be paid upon submitting a request for a waiver as provided in
991	this section. Notwithstanding any other provision of this
992	subsection, if an applicant for a waiver demonstrates economic
993	hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
994	shall be granted. The commission may not consider waiving any of
995	the requirements of s. 553.5041 unless the applicant first
996	demonstrates that she or he has applied for and been denied
997	waiver or variance from all local government zoning, subdivision
998	regulations, or other ordinances that prevent compliance
999	therewith. Further, the commission may not waive the requirement
1000	of s. 553.5041(5)(a) and (c)1. governing the minimum width of
1001	accessible routes and minimum width of accessible parking
1002	spaces.
1003	Section 30.  Section 553.721, Florida Statutes, is amended
1004	to read:
1005	553.721  Surcharge.-
1006	(1)  In order for the Department of Community Affairs to
1007	administer and carry out the purposes of this part and related
1008	activities, there is hereby created a surcharge, to be assessed
1009	at the rate of 1.5 percent of the permit fees associated with
1010	enforcement of the Florida Building Code as defined by the
1011	uniform account criteria and specifically the uniform account
1012	code for building permits adopted for local government financial
1013	reporting pursuant to s. 218.32. The minimum amount collected on
1014	any permit issued shall be $2 one-half cent per square foot
1015	under-roof floor space permitted pursuant to s. 125.56(4) or s.
1016	166.201. However, for additions, alterations, or renovations to
1017	existing buildings, the surcharge shall be computed on the basis
1018	of the square footage being added, altered, or renovated. The
1019	unit of government responsible for collecting a permit fee
1020	pursuant to s. 125.56(4) or s. 166.201 shall collect such
1021	surcharge and electronically remit the funds collected to the
1022	department on a quarterly calendar basis beginning not later
1023	than December 31, 2010, for the preceding quarter, and
1024	continuing each third month thereafter, and such unit of
1025	government shall may retain 10 an amount up to 5 percent of the
1026	surcharge collected to fund the participation of building
1027	departments in the national and state building code adoption
1028	processes and to provide education related to enforcement of the
1029	Florida Building Code cover costs associated with the collection
1030	and remittance of such surcharge. All funds remitted to the
1031	department pursuant to this section subsection shall be
1032	deposited in the Operating Trust Fund. Funds collected from such
1033	surcharge shall not be used to fund research on techniques for
1034	mitigation of radon in existing buildings. Funds used by the
1035	department as well as funds to be transferred to the Department
1036	of Health shall be as prescribed in the annual General
1037	Appropriations Act. The department shall adopt rules governing
1038	the collection and remittance of surcharges in accordance with
1039	chapter 120.
1040	(2)  Notwithstanding subsection (1), and for the 2008-2009
1041	fiscal year only, the amount transferred from the Operating
1042	Trust Fund to the Grants and Donations Trust Fund of the
1043	Department of Community Affairs pursuant to the General
1044	Appropriations Act for the 2008-2009 fiscal year shall be used
1045	for the regional planning councils, civil legal assistance, and
1046	the Front Porch Florida Initiative.
1047	Section 31.  Subsections (2) and (3) and paragraph (b) of
1048	subsection (4) of section 553.73, Florida Statutes, are amended,
1049	present subsections (5) through (13) of that section are
1050	renumbered as subsections (6) through (14), respectively, a new
1051	subsection (5) is added to that section, paragraph (a) of
1052	present subsection (6) and present subsections (7) and (9) of
1053	that section are amended, and subsection (15) is added to that
1054	section, to read:
1055	553.73  Florida Building Code.-
1056	(2)  The Florida Building Code shall contain provisions or
1057	requirements for public and private buildings, structures, and
1058	facilities relative to structural, mechanical, electrical,
1059	plumbing, energy, and gas systems, existing buildings,
1060	historical buildings, manufactured buildings, elevators, coastal
1061	construction, lodging facilities, food sales and food service
1062	facilities, health care facilities, including assisted living
1063	facilities, adult day care facilities, hospice residential and
1064	inpatient facilities and units, and facilities for the control
1065	of radiation hazards, public or private educational facilities,
1066	swimming pools, and correctional facilities and enforcement of
1067	and compliance with such provisions or requirements. Further,
1068	the Florida Building Code must provide for uniform
1069	implementation of ss. 515.25, 515.27, and 515.29 by including
1070	standards and criteria for residential swimming pool barriers,
1071	pool covers, latching devices, door and window exit alarms, and
1072	other equipment required therein, which are consistent with the
1073	intent of s. 515.23. Technical provisions to be contained within
1074	the Florida Building Code are restricted to requirements related
1075	to the types of materials used and construction methods and
1076	standards employed in order to meet criteria specified in the
1077	Florida Building Code. Provisions relating to the personnel,
1078	supervision or training of personnel, or any other professional
1079	qualification requirements relating to contractors or their
1080	workforce may not be included within the Florida Building Code,
1081	and subsections (4), (5), (6), (7), and (8), and (9) are not to
1082	be construed to allow the inclusion of such provisions within
1083	the Florida Building Code by amendment. This restriction applies
1084	to both initial development and amendment of the Florida
1085	Building Code.
1086	(3)  The commission shall select from available national or
1087	international model building codes, or other available building
1088	codes and standards currently recognized by the laws of this
1089	state, to form the foundation for the Florida Building Code. The
1090	commission may modify the selected model codes and standards as
1091	needed to accommodate the specific needs of this state.
1092	Standards or criteria referenced by the selected model codes
1093	shall be similarly incorporated by reference. If a referenced
1094	standard or criterion requires amplification or modification to
1095	be appropriate for use in this state, only the amplification or
1096	modification shall be specifically set forth in the Florida
1097	Building Code. The Florida Building Commission may approve
1098	technical amendments to the code, subject to the requirements of
1099	subsections (8) (7) and (9) (8), after the amendments have been
1100	subject to the following conditions:
1101	(a)  The proposed amendment has been published on the
1102	commission's website for a minimum of 45 days and all the
1103	associated documentation has been made available to any
1104	interested party before any consideration by any Technical
1105	Advisory Committee;
1106	(b)  In order for a Technical Advisory Committee to make a
1107	favorable recommendation to the commission, the proposal must
1108	receive a three-fourths vote of the members present at the
1109	Technical Advisory Committee meeting and at least half of the
1110	regular members must be present in order to conduct a meeting;
1111	(c)  After Technical Advisory Committee consideration and a
1112	recommendation for approval of any proposed amendment, the
1113	proposal must be published on the commission's website for not
1114	less than 45 days before any consideration by the commission;
1115	and
1116	(d)  Any proposal may be modified by the commission based
1117	on public testimony and evidence from a public hearing held in
1118	accordance with chapter 120.
1119
1120	The commission shall incorporate within sections of the Florida
1121	Building Code provisions which address regional and local
1122	concerns and variations. The commission shall make every effort
1123	to minimize conflicts between the Florida Building Code, the
1124	Florida Fire Prevention Code, and the Life Safety Code.
1125	(4)
1126	(b)  Local governments may, subject to the limitations of
1127	this section, adopt amendments to the technical provisions of
1128	the Florida Building Code which apply solely within the
1129	jurisdiction of such government and which provide for more
1130	stringent requirements than those specified in the Florida
1131	Building Code, not more than once every 6 months. A local
1132	government may adopt technical amendments that address local
1133	needs if:
1134	1.  The local governing body determines, following a public
1135	hearing which has been advertised in a newspaper of general
1136	circulation at least 10 days before the hearing, that there is a
1137	need to strengthen the requirements of the Florida Building
1138	Code. The determination must be based upon a review of local
1139	conditions by the local governing body, which review
1140	demonstrates by evidence or data that the geographical
1141	jurisdiction governed by the local governing body exhibits a
1142	local need to strengthen the Florida Building Code beyond the
1143	needs or regional variation addressed by the Florida Building
1144	Code, that the local need is addressed by the proposed local
1145	amendment, and that the amendment is no more stringent than
1146	necessary to address the local need.
1147	2.  Such additional requirements are not discriminatory
1148	against materials, products, or construction techniques of
1149	demonstrated capabilities.
1150	3.  Such additional requirements may not introduce a new
1151	subject not addressed in the Florida Building Code.
1152	4.  The enforcing agency shall make readily available, in a
1153	usable format, all amendments adopted pursuant to this section.
1154	5.  Any amendment to the Florida Building Code shall be
1155	transmitted within 30 days by the adopting local government to
1156	the commission. The commission shall maintain copies of all such
1157	amendments in a format that is usable and obtainable by the
1158	public. Local technical amendments shall not become effective
1159	until 30 days after the amendment has been received and
1160	published by the commission.
1161	6.  Any amendment to the Florida Building Code adopted by a
1162	local government pursuant to this paragraph shall be effective
1163	only until the adoption by the commission of the new edition of
1164	the Florida Building Code every third year. At such time, the
1165	commission shall review such amendment for consistency with the
1166	criteria in paragraph (9)(8)(a) and adopt such amendment as part
1167	of the Florida Building Code or rescind the amendment. The
1168	commission shall immediately notify the respective local
1169	government of the rescission of any amendment. After receiving
1170	such notice, the respective local government may readopt the
1171	rescinded amendment pursuant to the provisions of this
1172	paragraph.
1173	7.  Each county and municipality desiring to make local
1174	technical amendments to the Florida Building Code shall by
1175	interlocal agreement establish a countywide compliance review
1176	board to review any amendment to the Florida Building Code,
1177	adopted by a local government within the county pursuant to this
1178	paragraph, that is challenged by any substantially affected
1179	party for purposes of determining the amendment's compliance
1180	with this paragraph. If challenged, the local technical
1181	amendments shall not become effective until time for filing an
1182	appeal pursuant to subparagraph 8. has expired or, if there is
1183	an appeal, until the commission issues its final order
1184	determining the adopted amendment is in compliance with this
1185	subsection.
1186	8.  If the compliance review board determines such
1187	amendment is not in compliance with this paragraph, the
1188	compliance review board shall notify such local government of
1189	the noncompliance and that the amendment is invalid and
1190	unenforceable until the local government corrects the amendment
1191	to bring it into compliance. The local government may appeal the
1192	decision of the compliance review board to the commission. If
1193	the compliance review board determines such amendment to be in
1194	compliance with this paragraph, any substantially affected party
1195	may appeal such determination to the commission. Any such appeal
1196	shall be filed with the commission within 14 days of the board's
1197	written determination. The commission shall promptly refer the
1198	appeal to the Division of Administrative Hearings for the
1199	assignment of an administrative law judge. The administrative
1200	law judge shall conduct the required hearing within 30 days, and
1201	shall enter a recommended order within 30 days of the conclusion
1202	of such hearing. The commission shall enter a final order within
1203	30 days thereafter. The provisions of chapter 120 and the
1204	uniform rules of procedure shall apply to such proceedings. The
1205	local government adopting the amendment that is subject to
1206	challenge has the burden of proving that the amendment complies
1207	with this paragraph in proceedings before the compliance review
1208	board and the commission, as applicable. Actions of the
1209	commission are subject to judicial review pursuant to s. 120.68.
1210	The compliance review board shall determine whether its
1211	decisions apply to a respective local jurisdiction or apply
1212	countywide.
1213	9.  An amendment adopted under this paragraph shall include
1214	a fiscal impact statement which documents the costs and benefits
1215	of the proposed amendment. Criteria for the fiscal impact
1216	statement shall include the impact to local government relative
1217	to enforcement, the impact to property and building owners, as
1218	well as to industry, relative to the cost of compliance. The
1219	fiscal impact statement may not be used as a basis for
1220	challenging the amendment for compliance.
1221	10.  In addition to subparagraphs 7. and 9., the commission
1222	may review any amendments adopted pursuant to this subsection
1223	and make nonbinding recommendations related to compliance of
1224	such amendments with this subsection.
1225	(5)  Notwithstanding subsection (4), counties and
1226	municipalities may adopt by ordinance an administrative or
1227	technical amendment to the Florida Building Code relating to
1228	flood resistance in order to implement the National Flood
1229	Insurance Program or incentives. Specifically, an administrative
1230	amendment may assign the duty to enforce all or portions of
1231	flood-related code provisions to the appropriate agencies of the
1232	local government and adopt procedures for variances and
1233	exceptions from flood-related code provisions other than
1234	provisions for structures seaward of the coastal construction
1235	control line consistent with the requirements in 44 C.F.R. s.
1236	60.6. A technical amendment is authorized to the extent it is
1237	more stringent than the code. A technical amendment is not
1238	subject to the requirements of subsection (4) and may not be
1239	rendered void when the code is updated if the amendment is
1240	adopted for the purpose of participating in the Community Rating
1241	System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
1242	had already been adopted by local ordinance prior to July 1,
1243	2010, or the amendment requires a design flood elevation above
1244	the base flood elevation. Any amendment adopted pursuant to this
1245	subsection shall be transmitted to the commission within 30 days
1246	after being adopted.
1247	(7)(6)(a)  The commission, by rule adopted pursuant to ss.
1248	120.536(1) and 120.54, shall update the Florida Building Code
1249	every 3 years. When updating the Florida Building Code, the
1250	commission shall select the most current version of the
1251	International Building Code, the International Fuel Gas Code,
1252	the International Mechanical Code, the International Plumbing
1253	Code, and the International Residential Code, all of which are
1254	adopted by the International Code Council, and the National
1255	Electrical Code, which is adopted by the National Fire
1256	Protection Association, to form the foundation codes of the
1257	updated Florida Building Code, if the version has been adopted
1258	by the applicable model code entity and made available to the
1259	public at least 6 months prior to its selection by the
1260	commission. The commission shall select the most current version
1261	of the International Energy Conservation Code (IECC) as a
1262	foundation code; however, the IECC shall be modified by the
1263	commission to maintain the efficiencies of the Florida Energy
1264	Efficiency Code for Building Construction adopted and amended
1265	pursuant to s. 553.901.
1266	(8)(7)  Notwithstanding the provisions of subsection (3) or
1267	subsection (7) (6), the commission may address issues identified
1268	in this subsection by amending the code pursuant only to the
1269	rule adoption procedures contained in chapter 120. Provisions of
1270	the Florida Building Code, including those contained in
1271	referenced standards and criteria, relating to wind resistance
1272	or the prevention of water intrusion may not be amended pursuant
1273	to this subsection to diminish those construction requirements;
1274	however, the commission may, subject to conditions in this
1275	subsection, amend the provisions to enhance those construction
1276	requirements. Following the approval of any amendments to the
1277	Florida Building Code by the commission and publication of the
1278	amendments on the commission's website, authorities having
1279	jurisdiction to enforce the Florida Building Code may enforce
1280	the amendments. The commission may approve amendments that are
1281	needed to address:
1282	(a)  Conflicts within the updated code;
1283	(b)  Conflicts between the updated code and the Florida
1284	Fire Prevention Code adopted pursuant to chapter 633;
1285	(c)  The omission of previously adopted Florida-specific
1286	amendments to the updated code if such omission is not supported
1287	by a specific recommendation of a technical advisory committee
1288	or particular action by the commission;
1289	(d)  Unintended results from the integration of previously
1290	adopted Florida-specific amendments with the model code;
1291	(e)  Equivalency of standards;
1292	(f)(e)  Changes to or inconsistencies with federal or state
1293	law; or
1294	(g)(f)  Adoption of an updated edition of the National
1295	Electrical Code if the commission finds that delay of
1296	implementing the updated edition causes undue hardship to
1297	stakeholders or otherwise threatens the public health, safety,
1298	and welfare.
1299	(10)(9)  The following buildings, structures, and
1300	facilities are exempt from the Florida Building Code as provided
1301	by law, and any further exemptions shall be as determined by the
1302	Legislature and provided by law:
1303	(a)  Buildings and structures specifically regulated and
1304	preempted by the Federal Government.
1305	(b)  Railroads and ancillary facilities associated with the
1306	railroad.
1307	(c)  Nonresidential farm buildings on farms.
1308	(d)  Temporary buildings or sheds used exclusively for
1309	construction purposes.
1310	(e)  Mobile or modular structures used as temporary
1311	offices, except that the provisions of part II relating to
1312	accessibility by persons with disabilities shall apply to such
1313	mobile or modular structures.
1314	(f)  Those structures or facilities of electric utilities,
1315	as defined in s. 366.02, which are directly involved in the
1316	generation, transmission, or distribution of electricity.
1317	(g)  Temporary sets, assemblies, or structures used in
1318	commercial motion picture or television production, or any
1319	sound-recording equipment used in such production, on or off the
1320	premises.
1321	(h)  Storage sheds that are not designed for human
1322	habitation and that have a floor area of 720 square feet or less
1323	are not required to comply with the mandatory wind-borne-debris-
1324	impact standards of the Florida Building Code.
1325	(i)  Chickees constructed by the Miccosukee Tribe of
1326	Indians of Florida or the Seminole Tribe of Florida. As used in
1327	this paragraph, the term "chickee" means an open-sided wooden
1328	hut that has a thatched roof of palm or palmetto or other
1329	traditional materials, and that does not incorporate any
1330	electrical, plumbing, or other nonwood features.
1331	(j)  Family mausoleums not exceeding 250 square feet in
1332	area which are prefabricated and assembled on site or
1333	preassembled and delivered on site and have walls, roofs, and a
1334	floor constructed of granite, marble, or reinforced concrete.
1335
1336	With the exception of paragraphs (a), (b), (c), and (f), in
1337	order to preserve the health, safety, and welfare of the public,
1338	the Florida Building Commission may, by rule adopted pursuant to
1339	chapter 120, provide for exceptions to the broad categories of
1340	buildings exempted in this section, including exceptions for
1341	application of specific sections of the code or standards
1342	adopted therein. The Department of Agriculture and Consumer
1343	Services shall have exclusive authority to adopt by rule,
1344	pursuant to chapter 120, exceptions to nonresidential farm
1345	buildings exempted in paragraph (c) when reasonably necessary to
1346	preserve public health, safety, and welfare. The exceptions must
1347	be based upon specific criteria, such as under-roof floor area,
1348	aggregate electrical service capacity, HVAC system capacity, or
1349	other building requirements. Further, the commission may
1350	recommend to the Legislature additional categories of buildings,
1351	structures, or facilities which should be exempted from the
1352	Florida Building Code, to be provided by law. The Florida
1353	Building Code does not apply to temporary housing provided by
1354	the Department of Corrections to any prisoner in the state
1355	correctional system.
1356	(15)  An agency or local government may not require that
1357	existing mechanical equipment on the surface of a roof be
1358	installed in compliance with the requirements of the Florida
1359	Building Code until the equipment is required to be removed or
1360	replaced.
1361	Section 32.  Subsection (5) is added to section 553.74,
1362	Florida Statutes, to read:
1363	553.74  Florida Building Commission.-
1364	(5)  Notwithstanding s. 112.313 or any other provision of
1365	law, a member of any of commission's technical advisory
1366	committees or a member of any other advisory committee or
1367	workgroup of the commission, does not have an impermissible
1368	conflict of interest when representing clients before the
1369	commission or one of its committees or workgroups. However, the
1370	member, in his or her capacity as member of the committee or
1371	workgroup, may not take part in any discussion on or take action
1372	on any matter in which he or she has a direct financial
1373	interest.
1374	Section 33.  Subsection (2) of section 553.76, Florida
1375	Statutes, is amended to read:
1376	553.76  General powers of the commission.-The commission is
1377	authorized to:
1378	(2)  Issue memoranda of procedure for its internal
1379	management and control. The commission may adopt rules related
1380	to its consensus-based decisionmaking process, including, but
1381	not limited to, super majority voting requirements for
1382	commission actions relating to the adoption of the Florida
1383	Building Code or amendments to the code.
1384	Section 34.  Subsections (2) and (4) of section 553.775,
1385	Florida Statutes, are amended to read:
1386	553.775  Interpretations.-
1387	(2)  Local enforcement agencies, local building officials,
1388	state agencies, and the commission shall interpret provisions of
1389	the Florida Building Code in a manner that is consistent with
1390	declaratory statements and interpretations entered by the
1391	commission, except that conflicts between the Florida Fire
1392	Prevention Code and the Florida Building Code shall be resolved
1393	in accordance with s. 553.73(11)(10)(c) and (d).
1394	(4)  In order to administer this section, the commission
1395	may adopt by rule and impose a fee for filing requests for
1396	declaratory statements and binding and nonbinding
1397	interpretations to recoup the cost of the proceedings which may
1398	not exceed $125 for each request for a nonbinding interpretation
1399	and $250 for each request for a binding review or
1400	interpretation. For proceedings conducted by or in coordination
1401	with a third-party, the rule may provide that payment be made
1402	directly to the third party, who shall remit to the department
1403	that portion of the fee necessary to cover the costs of the
1404	department.
1405	Section 35.  Subsection (9) of section 553.79, Florida
1406	Statutes, is amended to read:
1407	553.79  Permits; applications; issuance; inspections.-
1408	(9)  Any state agency whose enabling legislation authorizes
1409	it to enforce provisions of the Florida Building Code may enter
1410	into an agreement with any other unit of government to delegate
1411	its responsibility to enforce those provisions and may expend
1412	public funds for permit and inspection fees, which fees may be
1413	no greater than the fees charged others. Inspection services
1414	that are not required to be performed by a state agency under a
1415	federal delegation of responsibility or by a state agency under
1416	the Florida Building Code must be performed under the
1417	alternative plans review and inspection process created in s.
1418	553.791 or by a local governmental entity having authority to
1419	enforce the Florida Building Code.
1420	Section 36.  For the purpose of incorporating the amendment
1421	made by this act to section 553.79, Florida Statutes, in a
1422	reference thereto, subsection (1) of section 553.80, Florida
1423	Statutes, is reenacted, and paragraph (c) of subsection (1) and
1424	subsection (3) of that section are amended, to read:
1425	553.80  Enforcement.-
1426	(1)  Except as provided in paragraphs (a)-(g), each local
1427	government and each legally constituted enforcement district
1428	with statutory authority shall regulate building construction
1429	and, where authorized in the state agency's enabling
1430	legislation, each state agency shall enforce the Florida
1431	Building Code required by this part on all public or private
1432	buildings, structures, and facilities, unless such
1433	responsibility has been delegated to another unit of government
1434	pursuant to s. 553.79(9).
1435	(a)  Construction regulations relating to correctional
1436	facilities under the jurisdiction of the Department of
1437	Corrections and the Department of Juvenile Justice are to be
1438	enforced exclusively by those departments.
1439	(b)  Construction regulations relating to elevator
1440	equipment under the jurisdiction of the Bureau of Elevators of
1441	the Department of Business and Professional Regulation shall be
1442	enforced exclusively by that department.
1443	(c)  In addition to the requirements of s. 553.79 and this
1444	section, facilities subject to the provisions of chapter 395 and
1445	parts part II and VIII of chapter 400 shall have facility plans
1446	reviewed and construction surveyed by the state agency
1447	authorized to do so under the requirements of chapter 395 and
1448	parts part II and VIII of chapter 400 and the certification
1449	requirements of the Federal Government. Facilities subject to
1450	the provisions of part IV of chapter 400 may have facility plans
1451	reviewed and shall have construction surveyed by the state
1452	agency authorized to do so under the requirements of part IV of
1453	chapter 400 and the certification requirements of the Federal
1454	Government.
1455	(d)  Building plans approved under s. 553.77(3) and state-
1456	approved manufactured buildings, including buildings
1457	manufactured and assembled offsite and not intended for
1458	habitation, such as lawn storage buildings and storage sheds,
1459	are exempt from local code enforcing agency plan reviews except
1460	for provisions of the code relating to erection, assembly, or
1461	construction at the site. Erection, assembly, and construction
1462	at the site are subject to local permitting and inspections.
1463	Lawn storage buildings and storage sheds bearing the insignia of
1464	approval of the department are not subject to s. 553.842. Such
1465	buildings that do not exceed 400 square feet may be delivered
1466	and installed without need of a contractor's or specialty
1467	license.
1468	(e)  Construction regulations governing public schools,
1469	state universities, and community colleges shall be enforced as
1470	provided in subsection (6).
1471	(f)  The Florida Building Code as it pertains to toll
1472	collection facilities under the jurisdiction of the turnpike
1473	enterprise of the Department of Transportation shall be enforced
1474	exclusively by the turnpike enterprise.
1475	(g)  Construction regulations relating to secure mental
1476	health treatment facilities under the jurisdiction of the
1477	Department of Children and Family Services shall be enforced
1478	exclusively by the department in conjunction with the Agency for
1479	Health Care Administration's review authority under paragraph
1480	(c).
1481
1482	The governing bodies of local governments may provide a schedule
1483	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1484	section, for the enforcement of the provisions of this part.
1485	Such fees shall be used solely for carrying out the local
1486	government's responsibilities in enforcing the Florida Building
1487	Code. The authority of state enforcing agencies to set fees for
1488	enforcement shall be derived from authority existing on July 1,
1489	1998. However, nothing contained in this subsection shall
1490	operate to limit such agencies from adjusting their fee schedule
1491	in conformance with existing authority.
1492	(3)(a)  Each enforcement district shall be governed by a
1493	board, the composition of which shall be determined by the
1494	affected localities.
1495	(b)1.  At its own option, each enforcement district or
1496	local enforcement agency may adopt promulgate rules granting to
1497	the owner of a single-family residence one or more exemptions
1498	from the Florida Building Code relating to:
1499	a.(a)  Addition, alteration, or repairs performed by the
1500	property owner upon his or her own property, provided any
1501	addition or alteration shall not exceed 1,000 square feet or the
1502	square footage of the primary structure, whichever is less.
1503	b.(b)  Addition, alteration, or repairs by a nonowner
1504	within a specific cost limitation set by rule, provided the
1505	total cost shall not exceed $5,000 within any 12-month period.
1506	c.(c)  Building and inspection fees.
1507	2.  However, the exemptions under subparagraph 1. do not
1508	apply to single-family residences that are located in mapped
1509	flood hazard areas, as defined in the code, unless the
1510	enforcement district or local enforcement agency has determined
1511	that the work, which is otherwise exempt, does not constitute a
1512	substantial improvement, including the repair of substantial
1513	damage, of such single-family residences.
1514	3.  Each code exemption, as defined in sub-subparagraphs
1515	1.a, b., and c. paragraphs (a), (b), and (c), shall be certified
1516	to the local board 10 days prior to implementation and shall
1517	only be effective in the territorial jurisdiction of the
1518	enforcement district or local enforcement agency implementing
1519	it.
1520	Section 37.  Subsections (4) through (9) of section
1521	553.841, Florida Statutes, are amended to read:
1522	553.841  Building code compliance and mitigation program.-
1523	(4)  The department, In administering the Florida Building
1524	Code Compliance and Mitigation Program, the department shall
1525	maintain, update, develop, or cause to be developed:
1526	(a)  A core curriculum that is prerequisite to the advanced
1527	module coursework.
1528	(b)  advanced modules designed for use by each profession.
1529	(c)  The core curriculum developed under this subsection
1530	must be submitted to the Department of Business and Professional
1531	Regulation for approval. Advanced modules developed under this
1532	paragraph must be approved by the commission and submitted to
1533	the respective boards for approval.
1534	(5)  The core curriculum shall cover the information
1535	required to have all categories of participants appropriately
1536	informed as to their technical and administrative
1537	responsibilities in the effective execution of the code process
1538	by all individuals currently licensed under part XII of chapter
1539	468, chapter 471, chapter 481, or chapter 489, except as
1540	otherwise provided in s. 471.017. The core curriculum shall be
1541	prerequisite to the advanced module coursework for all licensees
1542	and shall be completed by individuals licensed in all categories
1543	under part XII of chapter 468, chapter 471, chapter 481, or
1544	chapter 489 within the first 2-year period after initial
1545	licensure. Core course hours taken by licensees to complete this
1546	requirement shall count toward fulfillment of required
1547	continuing education units under part XII of chapter 468,
1548	chapter 471, chapter 481, or chapter 489.
1549	(5)(6)  Each biennium, upon receipt of funds by the
1550	Department of Community Affairs from the Construction Industry
1551	Licensing Board and the Electrical Contractors' Licensing Board
1552	provided under ss. 489.109(3) and 489.509(3), the department
1553	shall determine the amount of funds available for the Florida
1554	Building Code Compliance and Mitigation Program.
1555	(6)(7)  If the projects provided through the Florida
1556	Building Code Compliance and Mitigation Program in any state
1557	fiscal year do not require the use of all available funds, the
1558	unused funds shall be carried forward and allocated for use
1559	during the following fiscal year.
1560	(7)(8)  The Florida Building Commission shall provide by
1561	rule for the accreditation of courses related to the Florida
1562	Building Code by accreditors approved by the commission. The
1563	commission shall establish qualifications of accreditors and
1564	criteria for the accreditation of courses by rule. The
1565	commission may revoke the accreditation of a course by an
1566	accreditor if the accreditation is demonstrated to violate this
1567	part or the rules of the commission.
1568	(8)(9)  This section does not prohibit or limit the subject
1569	areas or development of continuing education or training on the
1570	Florida Building Code by any qualified entity.
1571	Section 38.  Subsections (1), (5), (8), and (17) of section
1572	553.842, Florida Statutes, are amended to read:
1573	553.842  Product evaluation and approval.-
1574	(1)  The commission shall adopt rules under ss. 120.536(1)
1575	and 120.54 to develop and implement a product evaluation and
1576	approval system that applies statewide to operate in
1577	coordination with the Florida Building Code. The commission may
1578	enter into contracts to provide for administration of the
1579	product evaluation and approval system. The commission's rules
1580	and any applicable contract may provide that the payment of fees
1581	related to approvals be made directly to the administrator. Any
1582	fee paid by a product manufacturer shall be used only for
1583	funding the product evaluation and approval system. The product
1584	evaluation and approval system shall provide:
1585	(a)  Appropriate promotion of innovation and new
1586	technologies.
1587	(b)  Processing submittals of products from manufacturers
1588	in a timely manner.
1589	(c)  Independent, third-party qualified and accredited
1590	testing and laboratory facilities, product evaluation entities,
1591	quality assurance agencies, certification agencies, and
1592	validation entities.
1593	(d)  An easily accessible product acceptance list to
1594	entities subject to the Florida Building Code.
1595	(e)  Development of stringent but reasonable testing
1596	criteria based upon existing consensus standards, when
1597	available, for products.
1598	(f)  Long-term approvals, where feasible. State and local
1599	approvals will be valid until the requirements of the code on
1600	which the approval is based change, the product changes in a
1601	manner affecting its performance as required by the code, or the
1602	approval is revoked. However, the commission may authorize by
1603	rule editorial revisions to approvals and charge a fee as
1604	provided in this section.
1605	(g)  Criteria for revocation of a product approval.
1606	(h)  Cost-effectiveness.
1607	(5)  Statewide approval of products, methods, or systems of
1608	construction may be achieved by one of the following methods.
1609	One of these methods must be used by the commission to approve
1610	the following categories of products: panel walls, exterior
1611	doors, roofing, skylights, windows, shutters, and structural
1612	components as established by the commission by rule.
1613	(a)  Products for which the code establishes standardized
1614	testing or comparative or rational analysis methods shall be
1615	approved by submittal and validation of one of the following
1616	reports or listings indicating that the product or method or
1617	system of construction was evaluated to be in compliance with
1618	the Florida Building Code and that the product or method or
1619	system of construction is, for the purpose intended, at least
1620	equivalent to that required by the Florida Building Code:
1621	1.  A certification mark or listing of an approved
1622	certification agency, which may be used only for products for
1623	which the code designates standardized testing;
1624	2.  A test report from an approved testing laboratory;
1625	3.  A product evaluation report based upon testing or
1626	comparative or rational analysis, or a combination thereof, from
1627	an approved product evaluation entity; or
1628	4.  A product evaluation report based upon testing or
1629	comparative or rational analysis, or a combination thereof,
1630	developed and signed and sealed by a professional engineer or
1631	architect, licensed in this state.
1632
1633	A product evaluation report or a certification mark or listing
1634	of an approved certification agency which demonstrates that the
1635	product or method or system of construction complies with the
1636	Florida Building Code for the purpose intended shall be
1637	equivalent to a test report and test procedure as referenced in
1638	the Florida Building Code. An application for state approval of
1639	a product under subparagraph 1. must be approved by the
1640	department after the commission staff or a designee verifies
1641	that the application and related documentation are complete.
1642	This verification must be completed within 10 business days
1643	after receipt of the application. Upon approval by the
1644	department, the product shall be immediately added to the list
1645	of state-approved products maintained under subsection (13).
1646	Approvals by the department shall be reviewed and ratified by
1647	the commission's program oversight committee except for a
1648	showing of good cause that a review by the full commission is
1649	necessary. The commission shall adopt rules providing means to
1650	cure deficiencies identified within submittals for products
1651	approved under this paragraph.
1652	(b)  Products, methods, or systems of construction for
1653	which there are no specific standardized testing or comparative
1654	or rational analysis methods established in the code may be
1655	approved by submittal and validation of one of the following:
1656	1.  A product evaluation report based upon testing or
1657	comparative or rational analysis, or a combination thereof, from
1658	an approved product evaluation entity indicating that the
1659	product or method or system of construction was evaluated to be
1660	in compliance with the intent of the Florida Building Code and
1661	that the product or method or system of construction is, for the
1662	purpose intended, at least equivalent to that required by the
1663	Florida Building Code; or
1664	2.  A product evaluation report based upon testing or
1665	comparative or rational analysis, or a combination thereof,
1666	developed and signed and sealed by a professional engineer or
1667	architect, licensed in this state, who certifies that the
1668	product or method or system of construction is, for the purpose
1669	intended, at least equivalent to that required by the Florida
1670	Building Code.
1671	(8)  The commission may adopt rules to approve the
1672	following types of entities that produce information on which
1673	product approvals are based. All of the following entities,
1674	including engineers and architects, must comply with a
1675	nationally recognized standard demonstrating independence or no
1676	conflict of interest:
1677	(a)  Evaluation entities approved pursuant to this
1678	paragraph that meet the criteria for approval adopted by the
1679	commission by rule. The commission shall specifically approve
1680	the National Evaluation Service, the International Association
1681	of Plumbing and Mechanical Officials Evaluation Service the
1682	International Conference of Building Officials Evaluation
1683	Services, the International Code Council Evaluation Services,
1684	the Building Officials and Code Administrators International
1685	Evaluation Services, the Southern Building Code Congress
1686	International Evaluation Services, and the Miami-Dade County
1687	Building Code Compliance Office Product Control. Architects and
1688	engineers licensed in this state are also approved to conduct
1689	product evaluations as provided in subsection (5).
1690	(b)  Testing laboratories accredited by national
1691	organizations, such as A2LA and the National Voluntary
1692	Laboratory Accreditation Program, laboratories accredited by
1693	evaluation entities approved under paragraph (a), and
1694	laboratories that comply with other guidelines for testing
1695	laboratories selected by the commission and adopted by rule.
1696	(c)  Quality assurance entities approved by evaluation
1697	entities approved under paragraph (a) and by certification
1698	agencies approved under paragraph (d) and other quality
1699	assurance entities that comply with guidelines selected by the
1700	commission and adopted by rule.
1701	(d)  Certification agencies accredited by nationally
1702	recognized accreditors and other certification agencies that
1703	comply with guidelines selected by the commission and adopted by
1704	rule.
1705	(e)  Validation entities that comply with accreditation
1706	standards established by the commission by rule.
1707	(17)(a)  The Florida Building Commission shall review the
1708	list of evaluation entities in subsection (8) and, in the annual
1709	report required under s. 553.77, shall either recommend
1710	amendments to the list to add evaluation entities the commission
1711	determines should be authorized to perform product evaluations
1712	or shall report on the criteria adopted by rule or to be adopted
1713	by rule allowing the commission to approve evaluation entities
1714	that use the commission's product evaluation process. If the
1715	commission adopts criteria by rule, the rulemaking process must
1716	be completed by July 1, 2009.
1717	(b)  Notwithstanding paragraph (8)(a), the International
1718	Association of Plumbing and Mechanical Officials Evaluation
1719	Services is approved as an evaluation entity until October 1,
1720	2009. If the association does not obtain permanent approval by
1721	the commission as an evaluation entity by October 1, 2009,
1722	products approved on the basis of an association evaluation must
1723	be substituted by an alternative, approved entity by December
1724	31, 2009, and on January 1, 2010, any product approval issued by
1725	the commission based on an association evaluation is void.
1726	Section 39.  Subsection (4) is added to section 553.844,
1727	Florida Statutes, to read:
1728	553.844  Windstorm loss mitigation; requirements for roofs
1729	and opening protection.-
1730	(4)  Notwithstanding the provisions of this section,
1731	exposed mechanical equipment or appliances fastened to a roof or
1732	installed on the ground in compliance with the code using rated
1733	stands, platforms, curbs, slabs, or other means are deemed to
1734	comply with the wind resistance requirements of the 2007 Florida
1735	Building Code, as amended. Further support or enclosure of such
1736	mechanical equipment or appliances is not required by a state or
1737	local official having authority to enforce the Florida Building
1738	Code. This subsection expires on the effective date of the 2010
1739	Florida Building Code.
1740	Section 40.  Section 553.885, Florida Statutes, is amended
1741	to read:
1742	553.885  Carbon monoxide alarm required.-
1743	(1)  Every separate building or addition to an existing
1744	building, other than a hospital, an inpatient hospice facility,
1745	or a nursing home facility licensed by the Agency for Health
1746	Care Administration, constructed for which a building permit is
1747	issued for new construction on or after July 1, 2008, and having
1748	a fossil-fuel-burning heater or appliance, a fireplace, or an
1749	attached garage, or other feature, fixture, or element that
1750	emits carbon monoxide as a byproduct of combustion shall have an
1751	approved operational carbon monoxide alarm installed within 10
1752	feet of each room used for sleeping purposes in the new building
1753	or addition, or at such other locations as required by the
1754	Florida Building Code. The requirements of this subsection may
1755	be satisfied with the installation of a hard-wired battery-
1756	powered carbon monoxide alarm or a hard-wired battery-powered
1757	combination carbon monoxide and smoke alarm. For a new hospital,
1758	an inpatient hospice facility, or a nursing home facility
1759	licensed by the Agency for Health Care Administration, or a new
1760	state correctional institution, an approved operational carbon
1761	monoxide detector shall be installed inside or directly outside
1762	of each room or area within the hospital or facility where a
1763	fossil-fuel-burning heater, engine, or appliance is located.
1764	This detector shall be connected to the fire alarm system of the
1765	hospital or facility as a supervisory signal. This subsection
1766	does not apply to existing buildings that are undergoing
1767	alterations or repairs unless the alteration is an addition as
1768	defined in subsection (3).
1769	(2)  The Florida Building Commission shall adopt rules to
1770	administer this section and shall incorporate such requirements
1771	into its next revision of the Florida Building Code.
1772	(3)  As used in this section, the term:
1773	(a)  "Carbon monoxide alarm" means a device that is meant
1774	for the purpose of detecting carbon monoxide, that produces a
1775	distinct audible alarm, and that meets the requirements of and
1776	is approved by the Florida Building Commission.
1777	(b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
1778	or other petroleum or hydrocarbon product that emits carbon
1779	monoxide as a by-product of combustion.
1780	(c)  "Addition" means an extension or increase in floor
1781	area, number of stories, or height of a building or structure.
1782	Section 41.  Subsection (2) of section 553.9061, Florida
1783	Statutes, is amended to read:
1784	553.9061  Scheduled increases in thermal efficiency
1785	standards.-
1786	(2)  The Florida Building Commission shall identify within
1787	code support and compliance documentation the specific building
1788	options and elements available to meet the energy performance
1789	goals established in subsection (1). Energy efficiency
1790	performance options and elements include, but are not limited
1791	to:
1792	(a)  Energy-efficient water heating systems, including
1793	solar water heating.
1794	(b)  Energy-efficient appliances.
1795	(c)  Energy-efficient windows, doors, and skylights.
1796	(d)  Low solar-absorption roofs, also known as "cool
1797	roofs."
1798	(e)  Enhanced ceiling and wall insulation.
1799	(f)  Reduced-leak duct systems and energy-saving devices
1800	and features installed within duct systems.
1801	(g)  Programmable thermostats.
1802	(h)  Energy-efficient lighting systems.
1803	(i)  Energy-saving quality installation procedures for
1804	replacement air-conditioning systems, including, but not limited
1805	to, equipment sizing analysis and duct inspection.
1806	(j)  Shading devices, sunscreening materials, and
1807	overhangs.
1808	(k)  Weatherstripping, caulking, and sealing of exterior
1809	openings and penetrations.
1810	(l)  Energy-efficient centralized computer data centers in
1811	office buildings.
1812	Section 42.  Subsections (3) and (4) of section 553.909,
1813	Florida Statutes, are amended to read:
1814	553.909  Setting requirements for appliances; exceptions.-
1815	(3)  Commercial or residential swimming pool pumps or water
1816	heaters manufactured on or sold after July 1, 2011, shall comply
1817	with the requirements of this subsection.
1818	(a)  Natural gas pool heaters shall not be equipped with
1819	constantly burning pilots.
1820	(b)  Heat pump pool heaters shall have a coefficient of
1821	performance at low temperature of not less than 4.0.
1822	(c)  The thermal efficiency of gas-fired pool heaters and
1823	oil-fired pool heaters shall not be less than 78 percent.
1824	(d)  All pool heaters shall have a readily accessible on-
1825	off switch that is mounted outside the heater and that allows
1826	shutting off the heater without adjusting the thermostat
1827	setting.
1828	(4)(a)  Residential swimming pool filtration pumps and pump
1829	motors manufactured on or after July 1, 2011, must comply with
1830	the requirements in this subsection.
1831	(b)  Residential filtration pool pump motors shall not be
1832	split-phase, shaded-pole, or capacitor start-induction run
1833	types.
1834	(c)  Residential filtration pool pumps and pool pump motors
1835	with a total horsepower of 1 HP or more shall have the
1836	capability of operating at two or more speeds with a low speed
1837	having a rotation rate that is no more than one-half of the
1838	motor's maximum rotation rate.
1839	(d)  Residential filtration pool pump motor controls shall
1840	have the capability of operating the pool pump at a minimum of
1841	two speeds. The default circulation speed shall be the
1842	residential filtration speed, with a higher speed override
1843	capability being for a temporary period not to exceed one normal
1844	cycle or 24 hours 120 minutes, whichever is less; except that
1845	circulation speed for solar pool heating systems shall be
1846	permitted to run at higher speeds during periods of usable solar
1847	heat gain.
1848	Section 43.  Section 553.912, Florida Statutes, is amended
1849	to read:
1850	553.912  Air conditioners.-All air conditioners that which
1851	are sold or installed in the state shall meet the minimum
1852	efficiency ratings of the Florida Energy Efficiency Code for
1853	Building Construction. These efficiency ratings shall be
1854	minimums and may be updated in the Florida Energy Efficiency
1855	Code for Building Construction by the department in accordance
1856	with s. 553.901, following its determination that more cost-
1857	effective energy-saving equipment and techniques are available.
1858	It is the intent of the Legislature that all replacement air-
1859	conditioning systems be installed using energy-saving, quality
1860	installation procedures, including, but not limited to,
1861	equipment sizing analysis and duct inspection.
1862	Section 44.  Subsection (2) of section 627.711, Florida
1863	Statutes, is amended to read:
1864	627.711  Notice of premium discounts for hurricane loss
1865	mitigation; uniform mitigation verification inspection form.-
1866	(2)  By July 1, 2007, the Financial Services Commission
1867	shall develop by rule a uniform mitigation verification
1868	inspection form that shall be used by all insurers when
1869	submitted by policyholders for the purpose of factoring
1870	discounts for wind insurance. In developing the form, the
1871	commission shall seek input from insurance, construction, and
1872	building code representatives. Further, the commission shall
1873	provide guidance as to the length of time the inspection results
1874	are valid. An insurer shall accept as valid a uniform mitigation
1875	verification form certified by the Department of Financial
1876	Services or signed by:
1877	(a)  A hurricane mitigation inspector certified by the My
1878	Safe Florida Home program;
1879	(b)  A building code inspector certified under s. 468.607;
1880	(c)  A general, building, or residential contractor
1881	licensed under s. 489.111;
1882	(d)  A professional engineer licensed under s. 471.015 who
1883	has passed the appropriate equivalency test of the Building Code
1884	Training Program as required by s. 553.841;
1885	(e)  A professional architect licensed under s. 481.213; or
1886	(f)  A home inspector licensed under s. 468.8314 who has
1887	completed at least 2 hours of mitigation training; or
1888	(g)(f)  Any other individual or entity recognized by the
1889	insurer as possessing the necessary qualifications to properly
1890	complete a uniform mitigation verification form.
1891	Section 45.  Subsections (7) through (28) of section
1892	633.021, Florida Statutes, are renumbered as subsections (8)
1893	through (29), respectively, a new subsection (7) is added to
1894	that section, and present subsection (20) of that section is
1895	amended, to read:
1896	633.021  Definitions.-As used in this chapter:
1897	(7)(a)  "Fire equipment dealer Class A" means a licensed
1898	fire equipment dealer whose business is limited to servicing,
1899	recharging, repairing, installing, or inspecting all types of
1900	fire extinguishers and conducting hydrostatic tests on all types
1901	of fire extinguishers.
1902	(b)  "Fire equipment dealer Class B" means a licensed fire
1903	equipment dealer whose business is limited to servicing,
1904	recharging, repairing, installing, or inspecting all types of
1905	fire extinguishers, including recharging carbon dioxide units
1906	and conducting hydrostatic tests on all types of fire
1907	extinguishers, except carbon dioxide units.
1908	(c)  "Fire equipment dealer Class C" means a licensed fire
1909	equipment dealer whose business is limited to servicing,
1910	recharging, repairing, installing, or inspecting all types of
1911	fire extinguishers, except recharging carbon dioxide units, and
1912	conducting hydrostatic tests on all types of fire extinguishers,
1913	except carbon dioxide units.
1914	(d)  "Fire equipment dealer Class D" means a licensed fire
1915	equipment dealer whose business is limited to servicing,
1916	recharging, repairing, installing, hydrotesting, or inspecting
1917	of all types of preengineered fire extinguishing systems.
1918	(21)(a)(20)  A "preengineered system" is a fire suppression
1919	system which:
1920	1.(a)  Uses any of a variety of extinguishing agents.
1921	2.(b)  Is designed to protect specific hazards.
1922	3.(c)  Must be installed according to pretested limitations
1923	and configurations specified by the manufacturer and applicable
1924	National Fire Protection Association (NFPA) standards. Only
1925	those chapters within the National Fire Protection Association
1926	standards that pertain to servicing, recharging, repairing,
1927	installing, hydrotesting, or inspecting any type of
1928	preengineered fire extinguishing system may be used.
1929	4.(d)  Must be installed using components specified by the
1930	manufacturer or components that are listed as equal parts by a
1931	nationally recognized testing laboratory such as Underwriters
1932	Laboratories, Inc., or Factory Mutual Laboratories, Inc.
1933	5.(e)  Must be listed by a nationally recognized testing
1934	laboratory.
1935	(b)  Preengineered systems consist of and include all of
1936	the components and parts providing fire suppression protection,
1937	but do not include the equipment being protected, and may
1938	incorporate special nozzles, flow rates, methods of application,
1939	pressurization levels, and quantities of agents designed by the
1940	manufacturer for specific hazards.
1941	Section 46.  Paragraph (b) of subsection (3) of section
1942	633.0215, Florida Statutes, is amended, and subsections (13) and
1943	(14) are added to that section, to read:
1944	633.0215  Florida Fire Prevention Code.-
1945	(3)  No later than 180 days before the triennial adoption
1946	of the Florida Fire Prevention Code, the State Fire Marshal
1947	shall notify each municipal, county, and special district fire
1948	department of the triennial code adoption and steps necessary
1949	for local amendments to be included within the code. No later
1950	than 120 days before the triennial adoption of the Florida Fire
1951	Prevention Code, each local jurisdiction shall provide the State
1952	Fire Marshal with copies of its local fire code amendments. The
1953	State Fire Marshal has the option to process local fire code
1954	amendments that are received less than 120 days before the
1955	adoption date of the Florida Fire Prevention Code.
1956	(b)  Any local amendment to the Florida Fire Prevention
1957	Code adopted by a local government shall be effective only until
1958	the adoption of the new edition of the Florida Fire Prevention
1959	Code, which shall be every third year. At such time, the State
1960	Fire Marshal shall adopt such amendment as part of the Florida
1961	Fire Prevention Code or rescind the amendment. The State Fire
1962	Marshal shall immediately notify the respective local government
1963	of the rescission of the amendment and the reason for the
1964	rescission. After receiving such notice, the respective local
1965	government may readopt the rescinded amendment. Incorporation of
1966	local amendments as regional and local concerns and variations
1967	shall be considered as adoption of an amendment pursuant to this
1968	section part.
1969	(13)(a)  The State Fire Marshal shall issue an expedited
1970	declaratory statement relating to interpretations of provisions
1971	of the Florida Fire Prevention Code according to the following
1972	guidelines:
1973	1.  The declaratory statement shall be rendered in
1974	accordance with s. 120.565, except that a final decision must be
1975	issued by the State Fire Marshal within 45 days after the
1976	division's receipt of a petition seeking an expedited
1977	declaratory statement. The State Fire Marshal shall give notice
1978	of the petition and the expedited declaratory statement or the
1979	denial of the petition in the next available issue of the
1980	Florida Administrative Weekly after the petition is filed and
1981	after the statement or denial is rendered.
1982	2.  The petitioner must be the owner of the disputed
1983	project or the owner's representative.
1984	3.  The petition for an expedited declaratory statement
1985	must be:
1986	a.  Related to an active project that is under construction
1987	or must have been submitted for a permit.
1988	b.  The subject of a written notice citing a specific
1989	provision of the Florida Fire Prevention Code which is in
1990	dispute.
1991	c.  Limited to a single question that is capable of being
1992	answered with a "yes" or "no" response.
1993	(b)  A petition for a declaratory statement which does not
1994	meet all of the requirements of this subsection must be denied
1995	without prejudice. This subsection does not affect the right of
1996	the petitioner as a substantially affected person to seek a
1997	declaratory statement under s. 633.01(6).
1998	(14)  A condominium that is one or two stories in height
1999	and has an exterior corridor providing a means of egress is
2000	exempt from installing a manual fire alarm system as required in
2001	s. 9.6 of the most recent edition of the Life Safety Code
2002	adopted in the Florida Fire Prevention Code.
2003	Section 47.  Subsections (2) and (10) of section 633.0245,
2004	Florida Statutes, are amended to read:
2005	633.0245  State Fire Marshal Nursing Home Fire Protection
2006	Loan Guarantee Program.-
2007	(2)  The State Fire Marshal may enter into limited loan
2008	guarantee agreements with one or more financial institutions
2009	qualified as public depositories in this state. Such agreements
2010	shall provide a limited guarantee by the State of Florida
2011	covering no more than 50 percent of the principal sum loaned by
2012	such financial institution to an eligible nursing home, as
2013	defined in subsection (10), for the sole purpose of the initial
2014	installation at such nursing home of a fire protection system,
2015	as defined in s. 633.021(10)(9), approved by the State Fire
2016	Marshal as being in compliance with the provisions of s. 633.022
2017	and rules adopted thereunder.
2018	(10)  For purposes of this section, "eligible nursing home"
2019	means a nursing home facility that provides nursing services as
2020	defined in chapter 464, is licensed under part II of chapter
2021	400, and is certified by the Agency for Health Care
2022	Administration to lack an installed fire protection system as
2023	defined in s. 633.021(10)(9).
2024	Section 48.  Subsection (11) is added to section 633.025,
2025	Florida Statutes, to read:
2026	633.025  Minimum firesafety standards.-
2027	(11)  Notwithstanding subsection (9), a property owner may
2028	not be required to install fire sprinklers in any residential
2029	property based upon the use of such property as a rental
2030	property or any change in or reclassification of the property's
2031	primary use to a rental property.
2032	Section 49.  Section 633.026, Florida Statutes, is amended
2033	to read:
2034	633.026  Legislative intent; informal interpretations of
2035	the Florida Fire Prevention Code.-It is the intent of the
2036	Legislature that the Florida Fire Prevention Code be interpreted
2037	by fire officials and local enforcement agencies in a manner
2038	that reasonably and cost-effectively protects the public safety,
2039	health, and welfare, ensures uniform interpretations throughout
2040	this state, and provides just and expeditious processes for
2041	resolving disputes regarding such interpretations. It is the
2042	further intent of the Legislature that such processes provide
2043	for the expeditious resolution of the issues presented and that
2044	the resulting interpretation of such issues be published on the
2045	website of the Division of State Fire Marshal.
2046	(1)  The Division of State Fire Marshal shall by rule
2047	establish an informal process of rendering nonbinding
2048	interpretations of the Florida Fire Prevention Code. The
2049	Division of State Fire Marshal may contract with and refer
2050	interpretive issues to a third party, selected based upon cost
2051	effectiveness, quality of services to be performed, and other
2052	performance-based criteria, which nonprofit organization that
2053	has experience in interpreting and enforcing the Florida Fire
2054	Prevention Code. The Division of State Fire Marshal shall
2055	immediately implement the process prior to the completion of
2056	formal rulemaking. It is the intent of the Legislature that the
2057	Division of State Fire Marshal establish create a Fire Code
2058	Interpretation Committee composed of seven persons and seven
2059	alternates, equally representing each area of the state process
2060	to refer questions to a small group of individuals certified
2061	under s. 633.081(2), to which a party can pose questions
2062	regarding the interpretation of the Florida Fire Prevention Code
2063	provisions.
2064	(2)  Each member and alternate member of the Fire Code
2065	Interpretation Committee must be certified as a firesafety
2066	inspector pursuant to s. 633.081(2) and must have a minimum of 5
2067	years of experience interpreting and enforcing the Florida Fire
2068	Prevention Code and the Life Safety Code. Each member and
2069	alternate member must be approved by the Division of State Fire
2070	Marshal and deemed by the division to have met these
2071	requirements for at least 30 days before participating in a
2072	review of a nonbinding interpretation. It is the intent of the
2073	Legislature that the process provide for the expeditious
2074	resolution of the issues presented and publication of the
2075	resulting interpretation on the website of the Division of State
2076	Fire Marshal. It is the intent of the Legislature that this
2077	program be similar to the program established by the Florida
2078	Building Commission in s. 553.775(3)(g).
2079	(3)  Each nonbinding interpretation of code provisions must
2080	be provided within 10 business days after receipt of a request
2081	for interpretation. The response period established in this
2082	subsection may be waived only with the written consent of the
2083	party requesting the nonbinding interpretation and the Division
2084	of State Fire Marshal. Nonbinding Such interpretations shall be
2085	advisory only and nonbinding on the parties or the State Fire
2086	Marshal.
2087	(4)  In order to administer this section, the Division of
2088	State Fire Marshal shall charge department may adopt by rule and
2089	impose a fee for nonbinding interpretations, with payment made
2090	directly to the third party. The fee may not exceed $150 for
2091	each request for a review or interpretation. The division may
2092	authorize payment of fees directly to the nonprofit organization
2093	under contract pursuant to subsection (1).
2094	(5)  A party requesting a nonbinding interpretation who
2095	disagrees with the interpretation issued under this section may
2096	apply for a formal interpretation from the State Fire Marshal
2097	pursuant to s. 633.01(6).
2098	(6)  The Division of State Fire Marshal shall issue or
2099	cause to be issued a nonbinding interpretation of the Florida
2100	Fire Prevention Code pursuant to this section when requested to
2101	do so upon submission of a petition by a fire official or by the
2102	owner or owner's representative or the contractor or
2103	contractor's representative of a project in dispute. The
2104	division shall adopt a petition form by rule and the petition
2105	form must be published on the State Fire Marshal's website. The
2106	form shall, at a minimum, require:
2107	(a)  The name and address of the local fire official,
2108	including the address of the county, municipality, or special
2109	district.
2110	(b)  The name and address of the owner or owner's
2111	representative or the contractor or contractor's representative.
2112	(c)  A statement of the specific sections of the Florida
2113	Fire Prevention Code being interpreted by the local fire
2114	official.
2115	(d)  An explanation of how the petitioner's substantial
2116	interests are being affected by the local interpretation of the
2117	Florida Fire Prevention Code.
2118	(e)  A statement of the interpretation of the specific
2119	sections of the Florida Fire Prevention Code by the local fire
2120	official.
2121	(f)  A statement of the interpretation that the petitioner
2122	contends should be given to the specific sections of the Florida
2123	Fire Prevention Code and a statement supporting the petitioner's
2124	interpretation.
2125	(7)  Upon receipt of a petition that meets the requirements
2126	of subsection (6), the Division of State Fire Marshal shall
2127	immediately provide copies of the petition to the Fire Code
2128	Interpretation Committee, and shall publish the petition and any
2129	response submitted by the local fire official on the State Fire
2130	Marshal's website.
2131	(8)  The committee shall conduct proceedings as necessary
2132	to resolve the issues and give due regard to the petition, the
2133	facts of the matter at issue, specific code sections cited, and
2134	any statutory implications affecting the Florida Fire Prevention
2135	Code. The committee shall issue an interpretation regarding the
2136	provisions of the Florida Fire Prevention Code within 10 days
2137	after the filing of a petition. The committee shall issue an
2138	interpretation based upon the Florida Fire Prevention Code or,
2139	if the code is ambiguous, the intent of the code. The
2140	committee's interpretation shall be provided to the petitioner
2141	and shall include a notice that if the petitioner disagrees with
2142	the interpretation, the petitioner may file a request for formal
2143	interpretation by the State Fire Marshal under s. 633.01(6). The
2144	committee's interpretation shall be provided to the State Fire
2145	Marshal, and the division shall publish the interpretation on
2146	the State Fire Marshal's website and in the Florida
2147	Administrative Weekly.
2148	Section 50.  Subsections (2) through (10) of section
2149	633.061, Florida Statutes, are renumbered as subsections (3)
2150	through (11), respectively, a new subsection (2) is added to
2151	that section, and paragraphs (a) and (c) of present subsection
2152	(3) of that section are amended, to read:
2153	633.061  Fire suppression equipment; license to install or
2154	maintain.-
2155	(2)  A person who holds a valid fire equipment dealer
2156	license may maintain such license in an inactive status during
2157	which time he or she may not engage in any work under the
2158	definition of the license held. An inactive status license shall
2159	be void after 2 years or at the time that the license is
2160	renewed, whichever comes first. The biennial renewal fee for an
2161	inactive status license shall be $75. An inactive status license
2162	may not be reactivated unless the continuing education
2163	requirements of this chapter have been fulfilled.
2164	(4)(3)(a)  Such licenses and permits shall be issued by the
2165	State Fire Marshal for 2 years beginning January 1, 2000, and
2166	each 2-year period thereafter and expiring December 31 of the
2167	second year. All licenses or permits issued will expire on
2168	December 31 of each odd-numbered year. The failure to renew a
2169	license or permit by December 31 of the second year will cause
2170	the license or permit to become inoperative. The holder of an
2171	inoperative license or permit shall not engage in any activities
2172	for which a license or permit is required by this section. A
2173	license or permit which is inoperative because of the failure to
2174	renew it shall be restored upon payment of the applicable fee
2175	plus a penalty equal to the applicable fee, if the application
2176	for renewal is filed no later than the following March 31. If
2177	the application for restoration is not made before the March
2178	31st deadline, the fee for restoration shall be equal to the
2179	original application fee and the penalty provided for herein,
2180	and, in addition, the State Fire Marshal shall require
2181	reexamination of the applicant. The fee for a license or permit
2182	issued for 1 year or less shall be prorated at 50 percent of the
2183	applicable fee for a biennial license or permit. After initial
2184	licensure, each licensee or permittee must shall successfully
2185	complete a course or courses of continuing
2186	equipment technicians of at least 16 32
2187	permit may not be renewed unless the licensee or permittee
2188	produces documentation of the completion of at least 16 hours of
2189	continuing education for fire equipment technicians during the
2190	biennial licensure period within 4 years of initial issuance of
2191	a license or permit and within each 4-year period thereafter or
2192	no such license or permit shall be renewed. A person who is both
2193	a licensee and a permittee shall be required to complete 16 32
2194	hours of continuing education during each renewal per 4-year
2195	period. Each licensee shall ensure that all permittees in his or
2196	her employment meet their continuing education requirements. The
2197	State Fire Marshal shall adopt rules describing the continuing
2198	education requirements and shall have the authority upon
2199	reasonable belief, to audit a fire equipment dealer to determine
2200	compliance with continuing education requirements.
2201	(c)  A license of any class shall not be issued or renewed
2202	by the State Fire Marshal and a license of any class shall not
2203	remain operative unless:
2204	1.  The applicant has submitted to the State Fire Marshal
2205	evidence of registration as a Florida corporation or evidence of
2206	compliance with s. 865.09.
2207	2.  The State Fire Marshal or his or her designee has by
2208	inspection determined that the applicant possesses the equipment
2209	required for the class of license sought. The State Fire Marshal
2210	shall give an applicant a reasonable opportunity to correct any
2211	deficiencies discovered by inspection. A fee of $50, payable to
2212	the State Fire Marshal, shall be required for any subsequent
2213	reinspection.
2214	3.  The applicant has submitted to the State Fire Marshal
2215	proof of insurance providing coverage for comprehensive general
2216	liability for bodily injury and property damage, products
2217	liability, completed operations, and contractual liability. The
2218	State Fire Marshal shall adopt rules providing for the amounts
2219	of such coverage, but such amounts shall not be less than
2220	$300,000 for Class A or Class D licenses, $200,000 for Class B
2221	licenses, and $100,000 for Class C licenses; and the total
2222	coverage for any class of license held in conjunction with a
2223	Class D license shall not be less than $300,000. The State Fire
2224	Marshal may, at any time after the issuance of a license or its
2225	renewal, require upon demand, and in no event more than 30 days
2226	after notice of such demand, the licensee to provide proof of
2227	insurance, on a form provided by the State Fire Marshal,
2228	containing confirmation of insurance coverage as required by
2229	this chapter. Failure, for any length of time, to provide proof
2230	of insurance coverage as required shall result in the immediate
2231	suspension of the license until proof of proper insurance is
2232	provided to the State Fire Marshal. An insurer which provides
2233	such coverage shall notify the State Fire Marshal of any change
2234	in coverage or of any termination, cancellation, or nonrenewal
2235	of any coverage.
2236	4.  The applicant applies to the State Fire Marshal,
2237	provides proof of experience, and successfully completes a
2238	prescribed training course offered by the State Fire College or
2239	an equivalent course approved by the State Fire Marshal. This
2240	subparagraph does not apply to any holder of or applicant for a
2241	permit under paragraph (f) or to a business organization or a
2242	governmental entity seeking initial licensure or renewal of an
2243	existing license solely for the purpose of inspecting,
2244	servicing, repairing, marking, recharging, and maintaining fire
2245	extinguishers used and located on the premises of and owned by
2246	such organization or entity.
2247	5.  The applicant has a current retestor identification
2248	number that is appropriate for the license for which the
2249	applicant is applying and that is listed with the United States
2250	Department of Transportation.
2251	6.  The applicant has passed, with a grade of at least 70
2252	percent, a written examination testing his or her knowledge of
2253	the rules and statutes regulating the activities authorized by
2254	the license and demonstrating his or her knowledge and ability
2255	to perform those tasks in a competent, lawful, and safe manner.
2256	Such examination shall be developed and administered by the
2257	State Fire Marshal, or his or her designee in accordance with
2258	policies and procedures of the State Fire Marshal. An applicant
2259	shall pay a nonrefundable examination fee of $50 for each
2260	examination or reexamination scheduled. No reexamination shall
2261	be scheduled sooner than 30 days after any administration of an
2262	examination to an applicant. No applicant shall be permitted to
2263	take an examination for any level of license more than a total
2264	of four times during 1 year, regardless of the number of
2265	applications submitted. As a prerequisite to licensure of the
2266	applicant:
2267	a.  Must be at least 18 years of age.
2268	b.  Must have 4 years of proven experience as a fire
2269	equipment permittee at a level equal to or greater than the
2270	level of license applied for or have a combination of education
2271	and experience determined to be equivalent thereto by the State
2272	Fire Marshal. Having held a permit at the appropriate level for
2273	the required period constitutes the required experience.
2274	c.  Must not have been convicted of, or pled nolo
2275	contendere to, any felony. If an applicant has been convicted of
2276	any such felony, the applicant must comply with s.
2277	112.011(1)(b).
2278
2279	This subparagraph does not apply to any holder of or applicant
2280	for a permit under paragraph (f) or to a business organization
2281	or a governmental entity seeking initial licensure or renewal of
2282	an existing license solely for the purpose of inspecting,
2283	servicing, repairing, marking, recharging, hydrotesting, and
2284	maintaining fire extinguishers used and located on the premises
2285	of and owned by such organization or entity.
2286	Section 51.  Section 633.081, Florida Statutes, is amended
2287	to read:
2288	633.081  Inspection of buildings and equipment; orders;
2289	firesafety inspection training requirements; certification;
2290	disciplinary action.-The State Fire Marshal and her or his
2291	agents shall, at any reasonable hour, when the State Fire
2292	Marshal department has reasonable cause to believe that a
2293	violation of this chapter or s. 509.215, or a rule promulgated
2294	thereunder, or a minimum firesafety code adopted by a local
2295	authority, may exist, inspect any and all buildings and
2296	structures which are subject to the requirements of this chapter
2297	or s. 509.215 and rules promulgated thereunder. The authority to
2298	inspect shall extend to all equipment, vehicles, and chemicals
2299	which are located within the premises of any such building or
2300	structure.
2301	(1)  Each county, municipality, and special district that
2302	has firesafety enforcement responsibilities shall employ or
2303	contract with a firesafety inspector. Except as provided in s.
2304	633.082(2), the firesafety inspector must conduct all firesafety
2305	inspections that are required by law. The governing body of a
2306	county, municipality, or special district that has firesafety
2307	enforcement responsibilities may provide a schedule of fees to
2308	pay only the costs of inspections conducted pursuant to this
2309	subsection and related administrative expenses. Two or more
2310	counties, municipalities, or special districts that have
2311	firesafety enforcement responsibilities may jointly employ or
2312	contract with a firesafety inspector.
2313	(2)  Except as provided in s. 633.082(2), every firesafety
2314	inspection conducted pursuant to state or local firesafety
2315	requirements shall be by a person certified as having met the
2316	inspection training requirements set by the State Fire Marshal.
2317	Such person shall:
2318	(a)  Be a high school graduate or the equivalent as
2319	determined by the department;
2320	(b)  Not have been found guilty of, or having pleaded
2321	guilty or nolo contendere to, a felony or a crime punishable by
2322	imprisonment of 1 year or more under the law of the United
2323	States, or of any state thereof, which involves moral turpitude,
2324	without regard to whether a judgment of conviction has been
2325	entered by the court having jurisdiction of such cases;
2326	(c)  Have her or his fingerprints on file with the
2327	department or with an agency designated by the department;
2328	(d)  Have good moral character as determined by the
2329	department;
2330	(e)  Be at least 18 years of age;
2331	(f)  Have satisfactorily completed the firesafety inspector
2332	certification examination as prescribed by the department; and
2333	(g)1.  Have satisfactorily completed, as determined by the
2334	department, a firesafety inspector training program of not less
2335	than 200 hours established by the department and administered by
2336	agencies and institutions approved by the department for the
2337	purpose of providing basic certification training for firesafety
2338	inspectors; or
2339	2.  Have received in another state training which is
2340	determined by the department to be at least equivalent to that
2341	required by the department for approved firesafety inspector
2342	education and training programs in this state.
2343	(3)  Each special state firesafety inspection which is
2344	required by law and is conducted by or on behalf of an agency of
2345	the state must be performed by an individual who has met the
2346	provision of subsection (2), except that the duration of the
2347	training program shall not exceed 120 hours of specific training
2348	for the type of property that such special state firesafety
2349	inspectors are assigned to inspect.
2350	(4)  A firefighter certified pursuant to s. 633.35 may
2351	conduct firesafety inspections, under the supervision of a
2352	certified firesafety inspector, while on duty as a member of a
2353	fire department company conducting inservice firesafety
2354	inspections without being certified as a firesafety inspector,
2355	if such firefighter has satisfactorily completed an inservice
2356	fire department company inspector training program of at least
2357	24 hours' duration as provided by rule of the department.
2358	(5)  Every firesafety inspector or special state firesafety
2359	inspector certificate is valid for a period of 3 years from the
2360	date of issuance. Renewal of certification shall be subject to
2361	the affected person's completing proper application for renewal
2362	and meeting all of the requirements for renewal as established
2363	under this chapter or by rule promulgated thereunder, which
2364	shall include completion of at least 40 hours during the
2365	preceding 3-year period of continuing education as required by
2366	the rule of the department or, in lieu thereof, successful
2367	passage of an examination as established by the department.
2368	(6)  The State Fire Marshal may deny, refuse to renew,
2369	suspend, or revoke the certificate of a firesafety inspector or
2370	special state firesafety inspector if it finds that any of the
2371	following grounds exist:
2372	(a)  Any cause for which issuance of a certificate could
2373	have been refused had it then existed and been known to the
2374	State Fire Marshal.
2375	(b)  Violation of this chapter or any rule or order of the
2376	State Fire Marshal.
2377	(c)  Falsification of records relating to the certificate.
2378	(d)  Having been found guilty of or having pleaded guilty
2379	or nolo contendere to a felony, whether or not a judgment of
2380	conviction has been entered.
2381	(e)  Failure to meet any of the renewal requirements.
2382	(f)  Having been convicted of a crime in any jurisdiction
2383	which directly relates to the practice of fire code inspection,
2384	plan review, or administration.
2385	(g)  Making or filing a report or record that the
2386	certificateholder knows to be false, or knowingly inducing
2387	another to file a false report or record, or knowingly failing
2388	to file a report or record required by state or local law, or
2389	knowingly impeding or obstructing such filing, or knowingly
2390	inducing another person to impede or obstruct such filing.
2391	(h)  Failing to properly enforce applicable fire codes or
2392	permit requirements within this state which the
2393	certificateholder knows are applicable by committing willful
2394	misconduct, gross negligence, gross misconduct, repeated
2395	negligence, or negligence resulting in a significant danger to
2396	life or property.
2397	(i)  Accepting labor, services, or materials at no charge
2398	or at a noncompetitive rate from any person who performs work
2399	that is under the enforcement authority of the certificateholder
2400	and who is not an immediate family member of the
2401	certificateholder. For the purpose of this paragraph, the term
2402	"immediate family member" means a spouse, child, parent,
2403	sibling, grandparent, aunt, uncle, or first cousin of the person
2404	or the person's spouse or any person who resides in the primary
2405	residence of the certificateholder.
2406	(7)  The Division of State Fire Marshal and the Florida
2407	Building Code Administrators and Inspectors Board, established
2408	pursuant to under s. 468.605, shall enter into a reciprocity
2409	agreement to facilitate joint recognition of continuing
2410	education recertification hours for certificateholders licensed
2411	under s. 468.609 and firesafety inspectors certified under
2412	subsection (2).
2413	(8)  The State Fire Marshal shall develop by rule an
2414	advanced training and certification program for firesafety
2415	inspectors having fire code management responsibilities. The
2416	program must be consistent with the appropriate provisions of
2417	NFPA 1037, or similar standards adopted by the division, and
2418	establish minimum training, education, and experience levels for
2419	firesafety inspectors having fire code management
2420	responsibilities.
2421	(9)(7)  The department shall provide by rule for the
2422	certification of firesafety inspectors.
2423	Section 52.  Subsections (2) and (3) of section 633.082,
2424	Florida Statutes, are amended to read:
2425	633.082  Inspection of fire control systems, fire hydrants,
2426	and fire protection systems.-
2427	(2)  Fire hydrants and fire protection systems installed in
2428	public and private properties, except one-family or two-family
2429	dwellings, in this state shall be inspected following procedures
2430	established in the nationally recognized inspection, testing,
2431	and maintenance standards publications NFPA-24 and NFPA-25 as
2432	set forth in the edition adopted by the State Fire Marshal.
2433	Quarterly, annual, 3-year, and 5-year inspections consistent
2434	with the contractual provisions with the owner shall be
2435	conducted by the certificateholder or permittees employed by the
2436	certificateholder pursuant to s. 633.521, except that:
2437	(a)  Public fire hydrants owned by a governmental entity
2438	shall be inspected following procedures established in the
2439	inspection, testing, and maintenance standards adopted by the
2440	State Fire Marshal or equivalent standards such as those
2441	contained in the latest edition of the American Water Works
2442	Association's Manual M17, "Installation, Field Testing, and
2443	Maintenance of Fire Hydrants."
2444	(b)  County, municipal, and special district utilities may
2445	perform fire hydrant inspections required by this section using
2446	designated employees. Such designated employees need not be
2447	certified under this chapter. However, counties, municipalities,
2448	or special districts that use designated employees are
2449	responsible for ensuring that the designated employees are
2450	qualified to perform such inspections.
2451	(3)  The inspecting contractor shall provide to the
2452	building owner or hydrant owner and the local authority having
2453	jurisdiction a copy of the applicable inspection report
2454	established under this chapter. The maintenance of fire hydrant
2455	and fire protection systems as well as corrective actions on
2456	deficient systems is the responsibility of the owner of the
2457	system or hydrant. Equipment requiring periodic testing or
2458	operation to ensure its maintenance shall be tested or operated
2459	as specified in the Fire Prevention Code, Life Safety Code,
2460	National Fire Protection Association standards, or as directed
2461	by the agency having jurisdiction, provided that such agency
2462	shall not require a sprinkler system not required by the Fire
2463	Prevention Code, Life Safety Code or National Fire Protection
2464	Association Standards to be removed regardless of its condition.
2465	This section does not prohibit governmental entities from
2466	inspecting and enforcing firesafety codes.
2467	Section 53.  Section 633.352, Florida Statutes, is amended
2468	to read:
2469	633.352  Retention of firefighter certification.-Any
2470	certified firefighter who has not been active as a firefighter,
2471	or as a volunteer firefighter with an organized fire department,
2472	for a period of 3 years shall be required to retake the
2473	practical portion of the minimum standards state examination
2474	specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
2475	Administrative Code, in order to maintain her or his
2476	certification as a firefighter; however, this requirement does
2477	not apply to state-certified firefighters who are certified and
2478	employed as full-time firesafety inspectors or firesafety
2479	instructors, regardless of the firefighter's employment status
2480	as determined by the division. The 3-year period begins on the
2481	date the certificate of compliance is issued or upon termination
2482	of service with an organized fire department.
2483	Section 54.  Paragraph (e) of subsection (2) and
2484	subsections (3), (10), and (11) of section 633.521, Florida
2485	Statutes, are amended to read:
2486	633.521  Certificate application and issuance; permit
2487	issuance; examination and investigation of applicant.-
2488	(2)
2489	(e)  An applicant may not be examined more than four times
2490	during 1 year for certification as a contractor pursuant to this
2491	section unless the person is or has been certified and is taking
2492	the examination to change classifications. If an applicant does
2493	not pass one or more parts of the examination, she or he may
2494	take any part of the examination three more times during the 1-
2495	year period beginning upon the date she or he originally filed
2496	an application to take the examination. If the applicant does
2497	not pass the examination within that 1-year period, she or he
2498	must file a new application and pay the application and
2499	examination fees in order to take the examination or a part of
2500	the examination again. However, the applicant may not file a new
2501	application sooner than 6 months after the date of her or his
2502	last examination. An applicant who passes the examination but
2503	does not meet the remaining qualifications as provided in
2504	applicable statutes and rules within 1 year after the
2505	application date must file a new application, pay the
2506	application and examination fee, successfully complete a
2507	prescribed training course approved by the State Fire College or
2508	an equivalent course approved by the State Fire Marshal, and
2509	retake and pass the written examination.
2510	(3)(a)  As a prerequisite to taking the examination for
2511	certification as a Contractor I, Contractor II, or Contractor
2512	III, the applicant must be at least 18 years of age, be of good
2513	moral character, and shall possess 4 years' proven experience in
2514	the employment of a fire protection system Contractor I,
2515	Contractor II, or Contractor III or a combination of equivalent
2516	education and experience in both water-based and chemical fire
2517	suppression systems.
2518	(b)  As a prerequisite to taking the examination for
2519	certification as a Contractor II, the applicant must be at least
2520	18 years of age, be of good moral character, and have 4 years of
2521	verifiable employment experience with a fire protection system
2522	as a Contractor I or Contractor II, or a combination of
2523	equivalent education and experience in water-based fire
2524	suppression systems.
2525	(c)  Required education and experience for certification as
2526	a Contractor I, Contractor II, Contractor III, or Contractor IV
2527	includes training and experience in both installation and system
2528	layout as defined in s. 633.021.
2529	(d)  As a prerequisite to taking the examination for
2530	certification as a Contractor III, the applicant must be at
2531	least 18 years of age, be of good moral character, and have 4
2532	years of verifiable employment experience with a fire protection
2533	system as a Contractor I or Contractor II, or a combination of
2534	equivalent education and experience in chemical fire suppression
2535	systems.
2536	(e)  As a prerequisite to taking the examination for
2537	certification as a Contractor IV, the applicant must shall be at
2538	least 18 years old, be of good moral character, be licensed as a
2539	certified plumbing contractor under chapter 489, and
2540	successfully complete a training program acceptable to the State
2541	Fire Marshal of not less than 40 contact hours regarding the
2542	applicable installation standard used by the Contractor IV as
2543	described in NFPA 13D. The State Fire Marshal may adopt rules to
2544	administer this subsection have at least 2 years' proven
2545	experience in the employment of a fire protection system
2546	Contractor I, Contractor II, Contractor III, or Contractor IV or
2547	combination of equivalent education and experience which
2548	combination need not include experience in the employment of a
2549	fire protection system contractor.
2550	(f)  As a prerequisite to taking the examination for
2551	certification as a Contractor V, the applicant must shall be at
2552	least 18 years old, be of good moral character, and have been
2553	licensed as a certified underground utility and excavation
2554	contractor or certified plumbing contractor pursuant to chapter
2555	489, have verification by an individual who is licensed as a
2556	certified utility contractor or certified plumbing contractor
2557	pursuant to chapter 489 that the applicant has 4 years' proven
2558	experience in the employ of a certified underground utility and
2559	excavation contractor or certified plumbing contractor, or have
2560	a combination of education and experience equivalent to 4 years'
2561	proven experience in the employ of a certified underground
2562	utility and excavation contractor or certified plumbing
2563	contractor.
2564	(g)  Within 30 days after the date of the examination, the
2565	State Fire Marshal shall inform the applicant in writing whether
2566	she or he has qualified or not and, if the applicant has
2567	qualified, that she or he is ready to issue a certificate of
2568	competency, subject to compliance with the requirements of
2569	subsection (4).
2570	(10)  Effective July 1, 2008, The State Fire Marshal shall
2571	require the National Institute of Certification in Engineering
2572	Technologies (NICET), Sub-field of Inspection and Testing of
2573	Fire Protection Systems Level II or equivalent training and
2574	education as determined by the division as proof that the
2575	permitholders are knowledgeable about nationally accepted
2576	standards for the inspection of fire protection systems. It is
2577	the intent of this act, from July 1, 2005, until July 1, 2008,
2578	to accept continuing education of all certificateholders'
2579	employees who perform inspection functions which specifically
2580	prepares the permitholder to qualify for NICET II certification.
2581	(11)  It is intended that a certificateholder, or a
2582	permitholder who is employed by a certificateholder, conduct
2583	inspections required by this chapter. It is understood that
2584	after July 1, 2008, employee turnover may result in a depletion
2585	of personnel who are certified under the NICET Sub-field of
2586	Inspection and Testing of Fire Protection Systems Level II or
2587	equivalent training and education as required by the Division of
2588	State Fire Marshal which is required for permitholders. The
2589	extensive training and experience necessary to achieve NICET
2590	Level II certification is recognized. A certificateholder may
2591	therefore obtain a provisional permit with an endorsement for
2592	inspection, testing, and maintenance of water-based fire
2593	extinguishing systems for an employee if the employee has
2594	initiated procedures for obtaining Level II certification from
2595	the National Institute for Certification in Engineering
2596	Technologies Sub-field of Inspection and Testing of Fire
2597	Protection Systems and achieved Level I certification or an
2598	equivalent level as determined by the State Fire Marshal through
2599	verification of experience, training, and examination. The State
2600	Fire Marshal may establish rules to administer this subsection.
2601	After 2 years of provisional certification, the employee must
2602	have achieved NICET Level II certification or obtain equivalent
2603	training and education as determined by the division, or cease
2604	performing inspections requiring Level II certification. The
2605	provisional permit is valid only for the 2 calendar years after
2606	the date of issuance, may not be extended, and is not renewable.
2607	After the initial 2-year provisional permit expires, the
2608	certificateholder must wait 2 additional years before a new
2609	provisional permit may be issued. The intent is to prohibit the
2610	certificateholder from using employees who never reach NICET
2611	Level II status, or equivalent training and education as
2612	determined by the division, by continuously obtaining
2613	provisional permits.
2614	Section 55.  Subsection (3) is added to section 633.524,
2615	Florida Statutes, to read:
2616	633.524  Certificate and permit fees; use and deposit of
2617	collected funds.-
2618	(3)  The State Fire Marshal may enter into a contract with
2619	any qualified public entity or private company in accordance
2620	with chapter 287 to provide examinations for any applicant for
2621	any examination administered under the jurisdiction of the State
2622	Fire Marshal. The State Fire Marshal may direct payments from
2623	each applicant for each examination directly to such contracted
2624	entity or company.
2625	Section 56.  Subsection (4) of section 633.537, Florida
2626	Statutes, is amended to read:
2627	633.537  Certificate; expiration; renewal; inactive
2628	certificate; continuing education.-
2629	(4)  The renewal period for the permit class is the same as
2630	that for the employing certificateholder. The continuing
2631	education requirements for permitholders are what is required to
2632	maintain NICET Sub-field of Inspection and Testing of Fire
2633	Protection Systems Level II, equivalent training and education
2634	as determined by the division, or higher certification plus 8
2635	contact hours of continuing education approved by the State Fire
2636	Marshal during each biennial renewal period thereafter. The
2637	continuing education curriculum from July 1, 2005, until July 1,
2638	2008, shall be the preparatory curriculum for NICET II
2639	certification; after July 1, 2008, the technical curriculum is
2640	at the discretion of the State Fire Marshal and may be used to
2641	meet the maintenance of NICET Level II certification and 8
2642	contact hours of continuing education requirements. It is the
2643	responsibility of the permitholder to maintain NICET II
2644	certification or equivalent training and education as determined
2645	by the division as a condition of permit renewal after July 1,
2646	2008.
2647	Section 57.  Subsection (4) of section 633.72, Florida
2648	Statutes, is amended to read:
2649	633.72  Florida Fire Code Advisory Council.-
2650	(4)  Each appointee shall serve a 4-year term. No member
2651	shall serve more than two consecutive terms one term. No member
2652	of the council shall be paid a salary as such member, but each
2653	shall receive travel and expense reimbursement as provided in s.
2654	112.061.
2655	Section 58.  Subsection (6) of section 718.113, Florida
2656	Statutes, is repealed.
2657	Section 59.  The Florida Building Commission shall revise
2658	the Florida Building Code in order to make it consistent with
2659	the revisions made by this act to s. 399.02, Florida Statutes.
2660	Section 60.  (1)  The Department of Management Services
2661	shall consider the energy efficiency of all materials used in
2662	the construction, alteration, repair, or rebuilding of a
2663	building or facility owned or operated by a state agency.
2664	Whenever feasible, the department shall lease a building or
2665	facility that has high-efficiency lighting.
2666	(2)  The Department of Management Services shall adopt
2667	rules requiring a state agency to install high-efficiency lamps
2668	when replacing an existing lamp or installing a new lamp in a
2669	building owned by the state agency.
2670	Section 61.  This act shall take effect July 1, 2010.

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