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. 489.5335, F.S.; revising education
92	requirements for electrical trade journeyman eligibility
93	to work in certain localities; amending s. 553.37, F.S.;
94	authorizing manufacturers to pay inspection fees directly
95	to the provider of inspection services; providing
96	requirements for rules of the Department of Business and
97	Professional Regulation regarding the schedule of fees;
98	authorizing the department to enter into contracts for the
99	performance of certain administrative duties; revising
100	inspection requirements for certain custom manufactured
101	buildings; amending s. 553.375, F.S.; revising the
102	requirement for recertification of manufactured buildings
103	prior to relocation; amending s. 553.512, F.S.; requiring
104	the Florida Building Commission to establish by rule a fee
105	for certain waiver requests; amending s. 553.721, F.S.;
106	revising the amount of a surcharge and imposing the
107	surcharge on certain building permits; requiring the unit
108	of government collecting the surcharge to electronically
109	remit the funds to the Department of Community Affairs;
110	requiring the unit of government collecting the surcharge
111	to retain a portion of the funds to fund certain
112	activities of building departments; revising requirements
113	for use of funds collected from the surcharge; deleting
114	obsolete language; amending s. 553.73, F.S.; conforming
115	cross-references; authorizing counties and municipalities
116	to adopt by ordinance administrative or technical
117	amendments to the Florida Building Code for certain flood-
118	related purposes; specifying requirements and procedures;
119	revising foundation code adoption requirements;
120	authorizing the Florida Building Commission to approve
121	amendments relating to equivalency of standards; exempting
122	certain mausoleums from the requirements of the Florida
123	Building Code; exempting certain temporary housing
124	provided by the Department of Corrections from the
125	requirements of the Florida Building Code; restricting the
126	code, code enforcement agencies, and local governments
127	from imposing requirements on certain mechanical equipment
128	on roofs; providing Florida Building Code requirements for
129	classroom lighting; prohibiting incorporation into the
130	Florida Building Code of certain mandatory residential
131	fire sprinkler provisions of the International Residential
132	Code; providing an exception; amending s. 553.74, F.S.;
133	specifying absence of impermissible conflicts of interest
134	for certain committee or workgroup members while
135	representing clients under certain circumstances;
136	specifying certain prohibited activities for such members;
137	amending s. 553.76, F.S.; authorizing the Florida Building
138	Commission to adopt rules related to consensus-building
139	decisionmaking; amending s. 553.775, F.S.; conforming a
140	cross-reference; authorizing the commission to charge a
141	fee for filing certain requests and for nonbinding
142	interpretations; limiting fees for nonbinding
143	interpretations; amending s. 553.79, F.S.; requiring
144	certain inspection services to be performed under the
145	alternative plans review and inspection process or by a
146	local governmental entity; reenacting s. 553.80(1), F.S.,
147	relating to the enforcement of the Florida Building Code,
148	to incorporate the amendments made to s. 553.79, F.S., in
149	a reference thereto; amending s. 553.80, F.S.; specifying
150	nonapplicability of certain exemptions from the Florida
151	Building Code granted by certain enforcement entities
152	under certain circumstances; revising requirements for
153	review of facility plans and construction surveyed for
154	certain hospitals and health care facilities; amending s.
155	553.841, F.S.; deleting provisions requiring that the
156	Department of Community Affairs maintain, update, develop,
157	or cause to be developed a core curriculum for persons who
158	enforce the Florida Building Code; amending s. 553.842,
159	F.S.; authorizing rules requiring the payment of product
160	evaluation fees directly to the administrator of the
161	product evaluation and approval system; specifying the use
162	of such fees; authorizing the Florida Building Commission
163	to provide by rule for editorial revisions to certain
164	approvals and charge certain fees; providing requirements
165	for the approval of applications for state approval of a
166	product; providing for certain approved products to be
167	immediately added to the list of state-approved products;
168	requiring that the commission's oversight committee review
169	approved products; revising the list of approved
170	evaluation entities; deleting obsolete provisions
171	governing evaluation entities; amending s. 553.844, F.S.;
172	providing an exemption from the requirements regarding
173	roof and opening protections for certain exposed
174	mechanical equipment or appliances; providing for future
175	expiration; amending s. 553.885, F.S.; revising
176	requirements for carbon monoxide alarms; providing an
177	exception for buildings undergoing alterations or repairs;
178	defining the term "addition" as it relates to the
179	requirement of a carbon monoxide alarm; amending s.
180	553.9061, F.S.; revising the energy-efficiency performance
181	options and elements identified by the commission for
182	purposes of meeting certain goals; amending s. 553.909,
183	F.S.; revising a compliance criterion for certain swimming
184	pool pumps or water heaters; revising requirements for
185	residential swimming pool pumps and pump motors; amending
186	s. 553.912, F.S.; providing requirements for replacement
187	air-conditioning systems; amending s. 627.711, F.S.;
188	conforming provisions to changes made by the act in which
189	core curriculum courses relating to the Florida Building
190	Code are deleted; revising the list of persons qualified
191	to sign certain mitigation verification forms for certain
192	purposes; authorizing insurers to accept forms from
193	certain other persons; providing requirements for persons
194	authorized to sign mitigation forms; prohibiting
195	misconduct in performing hurricane mitigation inspection
196	or completing uniform mitigation forms causing certain
197	harm; specifying what constitutes misconduct; authorizing
198	certain licensing boards to commence disciplinary
199	proceedings and impose administrative fines and sanctions;
200	providing for liability of mitigation inspectors;
201	requiring certain entities to file reports of evidence of
202	fraud; providing for immunity from liability for reporting
203	fraud; providing for investigative reports from the
204	Division of Insurance Fraud; providing penalties;
205	authorizing insurers to require independent verification
206	of uniform mitigation verification forms; amending s.
207	633.021, F.S.; providing additional definitions for fire
208	equipment dealers; revising the definition of the term
209	"preengineered systems"; amending s. 633.0215, F.S.;
210	providing guidelines for the State Fire Marshal to apply
211	when issuing an expedited declaratory statement; requiring
212	that the State Fire Marshal issue an expedited declaratory
213	statement under certain circumstances; providing
214	requirements for a petition requesting an expedited
215	declaratory statement; exempting certain condominiums from
216	installing manual fire alarm systems; amending s.
217	633.0245, F.S.; conforming cross-references; amending s.
218	633.025, F.S.; prohibiting requiring property owners to
219	install fire sprinklers in certain residential property;
220	amending s. 633.026, F.S.; providing legislative intent;
221	revising authority of the State Fire Marshal to contract
222	with and refer interpretive issues to certain entities;
223	providing for the establishment of the Fire Code
224	Interpretation Committee; providing for the membership of
225	the committee and requirements for membership; requiring
226	that nonbinding interpretations of the Florida Fire
227	Prevention Code be issued within a specified period after
228	a request is received; providing for the waiver of such
229	requirement under certain conditions; requiring that the
230	Division of State Fire Marshal charge a fee for nonbinding
231	interpretations; providing that fees may be paid directly
232	to a contract provider; providing requirements for
233	requesting a nonbinding interpretation; requiring that the
234	Division of State Fire Marshal develop a form for
235	submitting a petition for a nonbinding interpretation;
236	providing for a formal interpretation by the State Fire
237	Marshal; requiring that an interpretation of the Florida
238	Fire Prevention Code be published on the division's
239	website and in the Florida Administrative Weekly; amending
240	s. 633.061, F.S.; authorizing certain fire equipment
241	dealer licensees to maintain inactive license status under
242	certain circumstances; providing requirements; providing
243	for a renewal fee; revising certain continuing education
244	requirements; revising an applicant licensure
245	qualification requirement; amending s. 633.081, F.S.;
246	requiring that the State Fire Marshal inspect a building
247	when the State Fire Marshal, rather than the Department of
248	Financial Services, has cause to believe a violation has
249	occurred; providing exceptions for requirements that
250	certain firesafety inspections be conducted by firesafety
251	inspectors; requiring that the Division of State Fire
252	Marshal and the Florida Building Code Administrators and
253	Inspectors Board enter into a reciprocity agreement for
254	purposes of recertifying building code inspectors, plan
255	inspectors, building code administrators, and firesafety
256	inspectors; requiring that the State Fire Marshal develop
257	by rule an advanced training and certification program for
258	firesafety inspectors who have fire code management
259	responsibilities; requiring that the program be consistent
260	with certain standards and establish minimum training,
261	education, and experience levels for such firesafety
262	inspectors; amending s. 633.082, F.S.; authorizing
263	alternative inspection procedures for certain fire
264	hydrants; requiring periodic testing or operation of
265	certain equipment; providing that nonmandated sprinkler
266	systems may not be required to be removed; amending s.
267	633.352, F.S.; providing an exception to requirements for
268	recertification as a firefighter; amending s. 633.521,
269	F.S.; revising requirements for certification as a fire
270	protection system contractor; revising the prerequisites
271	for taking the certification examination; authorizing the
272	State Fire Marshal to accept more than one source of
273	professional certification; revising legislative intent;
274	amending s. 633.524, F.S.; authorizing the State Fire
275	Marshal to enter into contracts for examination services;
276	providing for the direct payment of examination fees to
277	contract providers; amending s. 633.537, F.S.; revising
278	the continuing education requirements for certain
279	permitholders; amending 633.72, F.S.; revising the terms
280	of service for members of the Fire Code Advisory Council;
281	repealing s. 718.113(6), F.S., relating to requirements
282	for 5-year inspections of certain condominium
283	improvements; directing the Florida Building Commission to
284	conform provisions of the Florida Building Code with
285	revisions made by the act relating to the operation of
286	elevators; requiring the Department of Management Services
287	to consider the energy efficiency of building materials
288	used for certain purposes in state buildings or
289	facilities; requiring the department to adopt rules
290	relating to installing high-efficiency replacement lamps
291	in buildings owned by a state agency; providing effective
292	dates.
293
294	Be It Enacted by the Legislature of the State of Florida:
295
296	Section 1.  Subsection (6) of section 196.031, Florida
297	Statutes, is amended to read:
298	196.031  Exemption of homesteads.-
299	(6)  When homestead property is damaged or destroyed by
300	misfortune or calamity and the property is uninhabitable on
301	January 1 after the damage or destruction occurs, the homestead
302	exemption may be granted if the property is otherwise qualified
303	and if the property owner notifies the property appraiser that
304	he or she intends to repair or rebuild the property and live in
305	the property as his or her primary residence after the property
306	is repaired or rebuilt and does not claim a homestead exemption
307	on any other property or otherwise violate this section. Failure
308	by the property owner to commence the repair or rebuilding of
309	the homestead property within 3 years after January 1 following
310	the property's damage or destruction constitutes abandonment of
311	the property as a homestead. After the 3-year period, the
312	expiration, lapse, nonrenewal, or revocation of a building
313	permit issued to the property owner for such repairs or
314	rebuilding also constitutes abandonment of the property as
315	homestead.
316	Section 2.  Subsection (6) of section 399.02, Florida
317	Statutes, is amended, and subsections (8) and (9) are added to
318	that section, to read:
319	399.02  General requirements.-
320	(6)(a)  The department is empowered to carry out all of the
321	provisions of this chapter relating to the inspection and
322	regulation of elevators and to enforce the provisions of the
323	Florida Building Code.
324	(b)  In order to perform its duties and responsibilities
325	under this section, the division may enter and have reasonable
326	access to all buildings and rooms or spaces in which an existing
327	or newly installed conveyance and equipment are located.
328	(8)  The division may grant variances for undue hardship
329	pursuant to s. 120.542 and the rules adopted under this section.
330	Such rules must include a process for requests for variances.
331	The division may not grant a request for a variance unless it
332	finds that the variance will not adversely affect the safety of
333	the public.
334	(9)  Updates to the Safety Code for Existing Elevators and
335	Escalators, ASME A17.1 and A17.3, which require Phase II
336	Firefighters' Service on elevators may not be enforced until
337	July 1, 2015, or until the elevator is replaced or requires
338	major modification, whichever occurs first, on elevators in
339	condominiums or multifamily residential buildings, including
340	those that are part of a continuing care facility licensed under
341	chapter 651, or similar retirement community with apartments,
342	having a certificate of occupancy by the local building
343	authority that was issued before July 1, 2008. This exception
344	does not prevent an elevator owner from requesting a variance
345	from the applicable codes before or after July 1, 2015. This
346	subsection does not prohibit the division from granting
347	variances pursuant to s. 120.542 and subsection (8). The
348	division shall adopt rules to administer this subsection.
349	Section 3.  Present subsection (7) of section 399.15,
350	Florida Statutes, is renumbered as subsection (8), and a new
351	subsection (7) is added to that section to read:
352	399.15  Regional emergency elevator access.-
353	(7)  As an alternative to complying with the requirements
354	of subsection (1), each building in this state which is required
355	to meet the provisions of subsections (1) and (2) may instead
356	provide for the installation of a uniform lock box that contains
357	the keys to all elevators in the building allowing public
358	access, including service and freight elevators. The uniform
359	lock box must be keyed to allow all uniform lock boxes in each
360	of the seven state emergency response regions to operate in fire
361	emergency situations using one master key. The master key for
362	the uniform lock shall be issued in accordance with subsection
363	(3). The Division of State Fire Marshal of the Department of
364	Financial Services shall enforce this subsection.
365	Section 4.  Section 455.2122, Florida Statutes, is created
366	to read:
367	455.2122  Education.-A board, or the department where there
368	is no board, shall approve distance learning courses as an
369	alternative to classroom courses to satisfy prelicensure or
370	postlicensure education requirements provided for in part VIII
371	of chapter 468 or part I of chapter 475. A board, or the
372	department when there is no board, may not require centralized
373	examinations for completion of prelicensure or postlicensure
374	education requirements for those professions licensed under part
375	VIII of chapter 468 or part I of chapter 475.
376	Section 5.  Section 455.2123, Florida Statutes, is amended
377	to read:
378	455.2123  Continuing education.-A board, or the department
379	when there is no board, may provide by rule that distance
380	learning may be used to satisfy continuing education
381	requirements. A board, or the department when there is no board,
382	shall approve distance learning courses as an alternative to
383	classroom courses to satisfy continuing education requirements
384	provided for in part VIII, part XV, or part XVI of chapter 468
385	or part I or part II of chapter 475 and may not require
386	centralized examinations for completion of continuing education
387	requirements for the professions licensed under part VIII, part
388	XV, or part XVI of chapter 468 or part I or part II of chapter
389	475.
390	Section 6.  Effective October 1, 2010, subsection (1) of
391	section 468.631, Florida Statutes, is amended to read:
392	468.631  Building Code Administrators and Inspectors Fund.-
393	(1)  This part shall be funded through a surcharge, to be
394	assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
395	1.5 percent of all permit fees associated with enforcement of
396	the Florida Building Code as defined by the uniform account
397	criteria and specifically the uniform account code for building
398	permits adopted for local government financial reporting
399	pursuant to s. 218.32 one-half cent per square foot of under-
400	roof floor space permitted, including new construction,
401	renovations, alterations, and additions. The minimum amount
402	collected on any permit issued shall be $2. The unit of
403	government responsible for collecting permit fees pursuant to s.
404	125.56(4) or s. 166.201 shall collect such surcharge and shall
405	remit the funds to the department on a quarterly calendar basis
406	beginning not later than December 31, 2010 1993, for the
407	preceding quarter, and continuing each third month thereafter;
408	and such unit of government shall may retain an amount up to 10
409	percent of the surcharge collected to fund the participation of
410	building departments in the national and state building code
411	adoption processes and to provide education related to
412	enforcement of the Florida Building Code projects and activities
413	intended to improve the quality of building code enforcement.
414	There is created within the Professional Regulation Trust Fund a
415	separate account to be known as the Building Code Administrators
416	and Inspectors Fund, which shall deposit and disburse funds as
417	necessary for the implementation of this part. The proceeds from
418	this surcharge shall be allocated equally to fund the Florida
419	Homeowners' Construction Recovery Fund established by s. 489.140
420	and the functions of the Building Code Administrators and
421	Inspectors Board. The department shall annually establish the
422	amount needed to fund the certification and regulation of
423	building code administrators, plans examiners, and building code
424	inspectors. Any funds collected in excess of the amount needed
425	to adequately fund the certification and regulation of building
426	code administrators, plans examiners, and building code
427	inspectors shall be deposited into the Florida Homeowners'
428	Construction Recovery Fund established by s. 489.140. If the
429	Florida Homeowners' Construction Recovery Fund is fully funded
430	as provided by s. 489.140, any remaining funds shall be
431	distributed to the Construction Industry Licensing Board for use
432	in the regulation of certified and registered contractors.
433	Section 7.  Section 468.83, Florida Statutes, is amended to
434	read:
435	468.83  Home inspection services licensing program;
436	purpose.-
437	(1)  There is created within the department the home
438	inspection services licensing program.
439	(2)  The Legislature recognizes that there is a need to
440	require the licensing of home inspectors and to ensure that
441	consumers of home inspection services can rely on the competence
442	of home inspectors, as determined by educational and experience
443	requirements and testing. Therefore, the Legislature deems it
444	necessary in the interest of the public welfare to regulate home
445	inspectors in this state.
446	Section 8.  Subsection (4) of section 468.8311, Florida
447	Statutes, is amended to read:
448	468.8311  Definitions.-As used in this part, the term:
449	(4)  "Home inspection services" means a limited visual
450	examination of one or more of the following readily accessible
451	installed systems and components of a home: the structure,
452	electrical system, HVAC system, roof covering, plumbing system,
453	interior components, exterior components, and site conditions
454	that affect the structure, for the purposes of providing a
455	written professional opinion of the condition of the home.
456	Section 9.  Subsections (4) through (8) of section
457	468.8312, Florida Statutes, are amended to read:
458	468.8312  Fees.-
459	(4)  The fee for a certificate of authorization shall not
460	exceed $125.
461	(4)(5)  The biennial renewal fee shall not exceed $200.
462	(5)(6)  The fee for licensure by endorsement shall not
463	exceed $200.
464	(6)(7)  The fee for application for inactive status or for
465	reactivation of an inactive license shall not exceed $200.
466	(7)(8)  The fee for applications from providers of
467	continuing education may not exceed $500.
468	Section 10.  Subsections (1) and (2) of section 468.8313,
469	Florida Statutes, are amended, present subsection (6) of that
470	section is renumbered as subsection (7) and amended, and a new
471	subsection (6) is added to that section, to read:
472	468.8313  Examinations.-
473	(1)  A person desiring to be licensed as a home inspector
474	must shall apply to the department after he or she satisfies the
475	examination requirements of this part to take a licensure
476	examination.
477	(2)  An applicant may shall be entitled to take the
478	licensure examination for the purpose of determining whether he
479	or she is qualified to practice in this state as a home
480	inspector if he or she passes the required examination, the
481	applicant is of good moral character, and completes has
482	completed a course of study of at least no less than 120 hours
483	that covers all of the following components of a home:
484	structure, electrical system, HVAC system, roof covering,
485	plumbing system, interior components, exterior components, and
486	site conditions that affect the structure.
487	(6)  An applicant for a license shall submit, together with
488	the application, a complete set of electronic fingerprints to
489	the department. The department shall submit the fingerprints to
490	the Department of Law Enforcement for state processing, and the
491	Department of Law Enforcement shall forward them to the Federal
492	Bureau of Investigation for national processing, to determine
493	whether the applicant has a criminal history record. The
494	department shall review the background results to determine if
495	an applicant meets licensure requirements. The applicant is
496	responsible for the cost associated with processing the
497	fingerprints. The authorized agencies or vendors shall collect
498	such fees and pay for the processing costs due to the Department
499	of Law Enforcement.
500	(7)(6)  The department may adopt rules pursuant to ss.
501	120.536(1) and 120.54 to implement the provisions of this
502	section.
503	Section 11.  Section 468.8318, Florida Statutes, is amended
504	to read:
505	468.8318  Certification of corporations and partnerships.-
506	(1)  The department shall issue a certificate of
507	authorization to a corporation or partnership offering home
508	inspection services to the public if the corporation or
509	partnership satisfies all of the requirements of this part.
510	(2)  The practice of or the offer to practice home
511	inspection services by licensees through a corporation or
512	partnership offering home inspection services to the public, or
513	by a corporation or partnership offering such services to the
514	public through licensees under this part as agents, employees,
515	officers, or partners, is permitted subject to the provisions of
516	this part, provided that all personnel of the corporation or
517	partnership who act in its behalf as home inspectors in this
518	state are licensed as provided by this part; and further
519	provided that the corporation or partnership has been issued a
520	certificate of authorization by the department as provided in
521	this section. Nothing in this section shall be construed to
522	allow a corporation to hold a license to practice home
523	inspection services. No corporation or partnership shall be
524	relieved of responsibility for the conduct or acts of its
525	agents, employees, or officers by reason of its compliance with
526	this section, nor shall any individual practicing home
527	inspection services be relieved of responsibility for
528	professional services performed by reason of his or her
529	employment or relationship with a corporation or partnership.
530	(3)  For the purposes of this section, a certificate of
531	authorization shall be required for a corporation, partnership,
532	association, or person practicing under a fictitious name and
533	offering home inspection services to the public; however, when
534	an individual is practicing home inspection services in his or
535	her own given name, he or she shall not be required to register
536	under this section.
537	(4)  Each certificate of authorization shall be renewed
538	every 2 years. Each partnership and corporation certified under
539	this section shall notify the department within 1 month of any
540	change in the information contained in the application upon
541	which the certification is based.
542	(5)  Disciplinary action against a corporation or
543	partnership shall be administered in the same manner and on the
544	same grounds as disciplinary action against a licensed home
545	inspector.
546	Section 12.  Section 468.8319, Florida Statutes, is amended
547	to read:
548	468.8319  Prohibitions; penalties.-
549	(1)  A person home inspector, a company that employs a home
550	inspector, or a company that is controlled by a company that
551	also has a financial interest in a company employing a home
552	inspector may not:
553	(a)  Effective July 1, 2011, practice or offer to practice
554	home inspection services unless the person has complied with the
555	provisions of this part;
556	(b)  Effective July 1, 2011, use the name or title
557	"certified home inspector," "registered home inspector,"
558	"licensed home inspector," "home inspector," "professional home
559	inspector," or any combination thereof unless the person has
560	complied with the provisions of this part;
561	(c)  Present as his or her own the license of another;
562	(d)  Knowingly give false or forged evidence to the
563	department or an employee thereof;
564	(e)  Use or attempt to use a license that has been
565	suspended or revoked;
566	(f)  Perform or offer to perform, prior to closing, for any
567	additional fee, any repairs to a home on which the inspector or
568	the inspector's company has prepared a home inspection report.
569	This paragraph does not apply to a home warranty company that is
570	affiliated with or retains a home inspector to perform repairs
571	pursuant to a claim made under a home warranty contract;
572	(g)  Inspect for a fee any property in which the inspector
573	or the inspector's company has any financial or transfer
574	interest;
575	(h)  Offer or deliver any compensation, inducement, or
576	reward to any broker or agent therefor for the referral of the
577	owner of the inspected property to the inspector or the
578	inspection company; or
579	(i)  Accept an engagement to make an omission or prepare a
580	report in which the inspection itself, or the fee payable for
581	the inspection, is contingent upon either the conclusions in the
582	report, preestablished findings, or the close of escrow.
583	(2)  Any person who is found to be in violation of any
584	provision of this section commits a misdemeanor of the first
585	degree, punishable as provided in s. 775.082 or s. 775.083.
586	(3)  This section does not apply to unlicensed activity as
587	described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
588	which occurs before July 1, 2011.
589	Section 13.  Subsection (1) of section 468.832, Florida
590	Statutes, is amended to read:
591	468.832  Disciplinary proceedings.-
592	(1)  The following acts constitute grounds for which the
593	disciplinary actions in subsection (2) may be taken:
594	(a)  Violation of any provision of this part or s.
595	455.227(1).;
596	(b)  Attempting to procure a license to practice home
597	inspection services by bribery or fraudulent misrepresentation.;
598	(c)  Having a license to practice home inspection services
599	revoked, suspended, or otherwise acted against, including the
600	denial of licensure, by the licensing authority of another
601	state, territory, or country.;
602	(d)  Being convicted or found guilty of, or entering a plea
603	of nolo contendere to, regardless of adjudication, a crime in
604	any jurisdiction that directly relates to the practice of home
605	inspection services or the ability to practice home inspection
606	services.;
607	(e)  Making or filing a report or record that the licensee
608	knows to be false, willfully failing to file a report or record
609	required by state or federal law, willfully impeding or
610	obstructing such filing, or inducing another person to impede or
611	obstruct such filing. Such reports or records shall include only
612	those that are signed in the capacity of a licensed home
613	inspector.;
614	(f)  Advertising goods or services in a manner that is
615	fraudulent, false, deceptive, or misleading in form or content.;
616	(g)  Engaging in fraud or deceit, or negligence,
617	incompetency, or misconduct, in the practice of home inspection
618	services.;
619	(h)  Failing to perform any statutory or legal obligation
620	placed upon a licensed home inspector; violating any provision
621	of this chapter, a rule of the department, or a lawful order of
622	the department previously entered in a disciplinary hearing; or
623	failing to comply with a lawfully issued subpoena of the
624	department.; or
625	(i)  Practicing on a revoked, suspended, inactive, or
626	delinquent license.
627	(j)  Failing to meet any standard of practice adopted by
628	rule of the department.
629	Section 14.  Section 468.8324, Florida Statutes, is amended
630	to read:
631	468.8324  Grandfather clause.-
632	(1)  A person who performs home inspection services as
633	defined in this part may qualify for licensure to be licensed by
634	the department as a home inspector if the person submits an
635	application to the department postmarked on or before March 1,
636	2011, which shows that the applicant: meets the licensure
637	requirements of this part by July 1, 2010.
638	(a)  Is certified as a home inspector by a state or
639	national association that requires, for such certification,
640	successful completion of a proctored examination on home
641	inspection services and completes at least 14 hours of
642	verifiable education on such services; or
643	(b)  Has at least 3 years of experience as a home inspector
644	at the time of application and has completed 14 hours of
645	verifiable education on home inspection services. To establish
646	the 3 years of experience, an applicant must submit at least 120
647	home inspection reports prepared by the applicant.
648	(2)  The department may investigate the validity of a home
649	inspection report submitted under paragraph (1)(b) and, if the
650	applicant submits a false report, may take disciplinary action
651	against the applicant under s. 468.832(1)(e) or (g).
652	(3)  An applicant may not qualify for licensure under this
653	section if he or she has had a home inspector license or a
654	license in any related field revoked at any time or suspended
655	within the previous 5 years or has been assessed a fine that
656	exceeds $500 within the previous 5 years. For purposes of this
657	subsection, a license in a related field includes, but is not
658	limited to, licensure in real estate, construction, mold-related
659	services, or building code administration or inspection.
660	(4)  An applicant for licensure under this section must
661	comply with the criminal history, good moral character, and
662	insurance requirements of this part.
663	Section 15.  Section 468.8325, Florida Statutes, is created
664	to read:
665	468.8325  Rulemaking authority.-The department shall adopt
666	rules to administer this part.
667	Section 16.  Section 468.84, Florida Statutes, is amended
668	to read:
669	468.84  Mold-related services licensing program;
670	legislative purpose.-
671	(1)  There is created within the department the mold-
672	related services licensing program.
673	(2)  The Legislature finds it necessary in the interest of
674	the public safety and welfare, to prevent damage to real and
675	personal property, to avert economic injury to the residents of
676	this state, and to regulate persons and companies that hold
677	themselves out to the public as qualified to perform mold-
678	related services.
679	Section 17.  Subsections (6) through (10) of section
680	468.8412, Florida Statutes, are amended to read:
681	468.8412  Fees.-
682	(6)  The fee for a biennial certificate of authorization
683	renewal shall not exceed $400.
684	(6)(7)  The fee for licensure by endorsement shall not
685	exceed $200.
686	(7)(8)  The fee for application for inactive status shall
687	not exceed $100.
688	(8)(9)  The fee for reactivation of an inactive license
689	shall not exceed $200.
690	(9)(10)  The fee for applications from providers of
691	continuing education may not exceed $500.
692	Section 18.  Subsections (1) and (2) of section 468.8413,
693	Florida Statutes, are amended, and subsection (6) is added to
694	that section, to read:
695	468.8413  Examinations.-
696	(1)  A person desiring to be licensed as a mold assessor or
697	mold remediator must shall apply to the department after
698	satisfying the examination requirements of this part to take a
699	licensure examination.
700	(2)  An applicant may shall be entitled to take the
701	licensure examination to practice in this state as a mold
702	assessor or mold remediator if he or she passes the required
703	examination, the applicant is of good moral character, and
704	completes has satisfied one of the following requirements:
705	(a)1.  For a mold remediator, at least a 2-year associate
706	of arts degree, or the equivalent, with at least 30 semester
707	hours in microbiology, engineering, architecture, industrial
708	hygiene, occupational safety, or a related field of science from
709	an accredited institution and a minimum of 1 year of documented
710	field experience in a field related to mold remediation; or
711	2.  A high school diploma or the equivalent with a minimum
712	of 4 years of documented field experience in a field related to
713	mold remediation.
714	(b)1.  For a mold assessor, at least a 2-year associate of
715	arts degree, or the equivalent, with at least 30 semester hours
716	in microbiology, engineering, architecture, industrial hygiene,
717	occupational safety, or a related field of science from an
718	accredited institution and a minimum of 1 year of documented
719	field experience in conducting microbial sampling or
720	investigations; or
721	2.  A high school diploma or the equivalent with a minimum
722	of 4 years of documented field experience in conducting
723	microbial sampling or investigations.
724	(6)  An applicant for a license shall submit, together with
725	the application, a complete set of electronic fingerprints to
726	the department. The department shall submit the fingerprints to
727	the Department of Law Enforcement for state processing, and the
728	Department of Law Enforcement shall forward them to the Federal
729	Bureau of Investigation for national processing, to determine
730	whether the applicant has a criminal history record. The
731	department shall review the background results to determine if
732	an applicant meets licensure requirements. The applicant is
733	responsible for the cost associated with processing the
734	fingerprints. The authorized agencies or vendors shall collect
735	such fees and pay for the processing costs due to the Department
736	of Law Enforcement.
737	Section 19.  Subsection (3) of section 468.8414, Florida
738	Statutes, is amended to read:
739	468.8414  Licensure.-
740	(3)  The department shall certify as qualified for a
741	license by endorsement an applicant who is of good moral
742	character, who has the insurance coverage required under s.
743	468.8421, and who:
744	(a)  Is qualified to take the examination as set forth in
745	s. 468.8413 and has passed a certification examination offered
746	by a nationally recognized organization that certifies persons
747	in the specialty of mold assessment or mold remediation that has
748	been approved by the department as substantially equivalent to
749	the requirements of this part and s. 455.217; or
750	(b)  Holds a valid license to practice mold assessment or
751	mold remediation issued by another state or territory of the
752	United States if the criteria for issuance of the license were
753	substantially the same as the licensure criteria that is
754	established by this part as determined by the department.
755	Section 20.  Section 468.8418, Florida Statutes, is amended
756	to read:
757	468.8418  Certification of partnerships and corporations.-
758	(1)  The department shall issue a certificate of
759	authorization to a corporation or partnership offering mold
760	assessment or mold remediation services to the public if the
761	corporation or partnership satisfies all of the requirements of
762	this part.
763	(2)  The practice of or the offer to practice mold
764	assessment or mold remediation by licensees through a
765	corporation or partnership offering mold assessment or mold
766	remediation to the public, or by a corporation or partnership
767	offering such services to the public through licensees under
768	this part as agents, employees, officers, or partners, is
769	permitted subject to the provisions of this part, provided that
770	the corporation or partnership has been issued a certificate of
771	authorization by the department as provided in this section.
772	Nothing in this section shall be construed to allow a
773	corporation to hold a license to practice mold assessment or
774	mold remediation. No corporation or partnership shall be
775	relieved of responsibility for the conduct or acts of its
776	agents, employees, or officers by reason of its compliance with
777	this section, nor shall any individual practicing mold
778	assessment or mold remediation be relieved of responsibility for
779	professional services performed by reason of his or her
780	employment or relationship with a corporation or partnership.
781	(3)  For the purposes of this section, a certificate of
782	authorization shall be required for a corporation, partnership,
783	association, or person practicing under a fictitious name,
784	offering mold assessment or mold remediation; however, when an
785	individual is practicing mold assessment or mold remediation
786	under his or her own given name, he or she shall not be required
787	to register under this section.
788	(4)  Each certificate of authorization shall be renewed
789	every 2 years. Each partnership and corporation certified under
790	this section shall notify the department within 1 month of any
791	change in the information contained in the application upon
792	which the certification is based.
793	(5)  Disciplinary action against a corporation or
794	partnership shall be administered in the same manner and on the
795	same grounds as disciplinary action against a licensed mold
796	assessor or mold remediator.
797	Section 21.  Subsection (1) of section 468.8419, Florida
798	Statutes, is amended, and subsection (4) is added to that
799	section, to read:
800	468.8419  Prohibitions; penalties.-
801	(1)  A person mold assessor, a company that employs a mold
802	assessor, or a company that is controlled by a company that also
803	has a financial interest in a company employing a mold assessor
804	may not:
805	(a)  Effective July 1, 2011, perform or offer to perform
806	any mold assessment unless the mold assessor has documented
807	training in water, mold, and respiratory protection under s.
808	468.8414(2).
809	(b)  Effective July 1, 2011, perform or offer to perform
810	any mold assessment unless the person has complied with the
811	provisions of this part.
812	(c)  Use the name or title "certified mold assessor,"
813	"registered mold assessor," "licensed mold assessor," "mold
814	assessor," "professional mold assessor," or any combination
815	thereof unless the person has complied with the provisions of
816	this part.
817	(d)  Perform or offer to perform any mold remediation to a
818	structure on which the mold assessor or the mold assessor's
819	company provided a mold assessment within the last 12 months.
820	(e)  Inspect for a fee any property in which the assessor
821	or the assessor's company has any financial or transfer
822	interest.
823	(f)  Accept any compensation, inducement, or reward from a
824	mold remediator or mold remediator's company for the referral of
825	any business to the mold remediator or the mold remediator's
826	company.
827	(g)  Offer any compensation, inducement, or reward to a
828	mold remediator or mold remediator's company for the referral of
829	any business from the mold remediator or the mold remediator's
830	company.
831	(h)  Accept an engagement to make an omission of the
832	assessment or conduct an assessment in which the assessment
833	itself, or the fee payable for the assessment, is contingent
834	upon the conclusions of the assessment.
835	(4)  This section does not apply to unlicensed activity as
836	described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
837	which occurs before July 1, 2011.
838	Section 22.  Subsection (1) of section 468.842, Florida
839	Statutes, is amended to read:
840	468.842  Disciplinary proceedings.-
841	(1)  The following acts constitute grounds for which the
842	disciplinary actions in subsection (2) may be taken:
843	(a)  Violation of any provision of this part or s.
844	455.227(1).;
845	(b)  Attempting to procure a license to practice mold
846	assessment or mold remediation by bribery or fraudulent
847	misrepresentations.;
848	(c)  Having a license to practice mold assessment or mold
849	remediation revoked, suspended, or otherwise acted against,
850	including the denial of licensure, by the licensing authority of
851	another state, territory, or country.;
852	(d)  Being convicted or found guilty of, or entering a plea
853	of nolo contendere to, regardless of adjudication, a crime in
854	any jurisdiction that directly relates to the practice of mold
855	assessment or mold remediation or the ability to practice mold
856	assessment or mold remediation.;
857	(e)  Making or filing a report or record that the licensee
858	knows to be false, willfully failing to file a report or record
859	required by state or federal law, willfully impeding or
860	obstructing such filing, or inducing another person to impede or
861	obstruct such filing. Such reports or records shall include only
862	those that are signed in the capacity of a registered mold
863	assessor or mold remediator.;
864	(f)  Advertising goods or services in a manner that is
865	fraudulent, false, deceptive, or misleading in form or content.;
866	(g)  Engaging in fraud or deceit, or negligence,
867	incompetency, or misconduct, in the practice of mold assessment
868	or mold remediation.;
869	(h)  Failing to perform any statutory or legal obligation
870	placed upon a licensed mold assessor or mold remediator;
871	violating any provision of this chapter, a rule of the
872	department, or a lawful order of the department previously
873	entered in a disciplinary hearing; or failing to comply with a
874	lawfully issued subpoena of the department.; or
875	(i)  Practicing on a revoked, suspended, inactive, or
876	delinquent license.
877	(j)  Failing to meet any standard of practice adopted by
878	rule of the department.
879	Section 23.  Subsection (1) of section 468.8421, Florida
880	Statutes, is amended to read:
881	468.8421  Insurance.-
882	(1)  A mold assessor shall maintain general liability and
883	errors and omissions for both preliminary and postremediation
884	mold assessment insurance coverage in an amount of at least $1
885	million not less than $1,000,000.
886	Section 24.  Section 468.8423, Florida Statutes, is amended
887	to read:
888	468.8423  Grandfather clause.-
889	(1)  A person who performs mold assessment or mold
890	remediation as defined in this part may qualify to be licensed
891	by the department as a mold assessor or mold remediator if the
892	person submits his or her application to the department by March
893	1, 2011, whether postmarked or delivered by that date, and if
894	the person: meets the licensure requirements of this part by
895	July 1, 2010.
896	(a)  Is certified as a mold assessor or mold remediator by
897	a state or national association that requires, for such
898	certification, successful completion of a proctored examination
899	on mold assessment or mold remediation, as applicable, and
900	completes at least 60 hours of education on mold assessment or
901	at least 30 hours of education on mold remediation, as
902	applicable; or
903	(b)  At the time of application, has at least 3 years of
904	experience as a mold assessor or mold remediator. To establish
905	the 3 years of experience, an applicant must submit at least 40
906	mold assessments or remediation invoices prepared by the
907	applicant.
908	(2)  The department may investigate the validity of a mold
909	assessment or remediation invoice submitted under paragraph
910	(1)(b) and, if the applicant submits a false assessment or
911	invoice, may take disciplinary action against the applicant
912	under s. 468.842(1)(e) or (g).
913	(3)  An applicant may not qualify for licensure under this
914	section if he or she has had a mold assessor or mold remediator
915	license or a license in any related field revoked at any time or
916	suspended within the previous 5 years or has been assessed a
917	fine that exceeds $500 within the previous 5 years. For purposes
918	of this subsection, a license in a related field includes, but
919	is not limited to, licensure in real estate, construction, home
920	inspection, building code administration or inspection, or
921	indoor air quality.
922	(4)  An applicant for licensure under this section must
923	comply with the good moral character and insurance requirements
924	of this part.
925	Section 25.  Section 468.8424, Florida Statutes, is created
926	to read:
927	468.8424  Rulemaking authority.-The department shall adopt
928	rules to administer this part.
929	Section 26.  Subsection (22) of section 489.103, Florida
930	Statutes, is amended to read:
931	489.103  Exemptions.-This part does not apply to:
932	(22)  A person licensed pursuant to s. 633.061(1)(d) or
933	(3)(2)(b) performing work authorized by such license.
934	Section 27.  Paragraph (c) of subsection (1) of section
935	489.5335, Florida Statutes, is amended to read:
936	489.5335  Journeyman; reciprocity; standards.-
937	(1)  An individual who holds a valid, active journeyman
938	license in the electrical trade issued by any county or
939	municipality in this state may work as a journeyman in any other
940	county or municipality of this state without taking an
941	additional examination or paying an additional license fee, if
942	he or she:
943	(c)  Has satisfactorily completed specialized and advanced
944	module coursework approved by the Florida Building Commission,
945	as part of the building code training program established in s.
946	553.841, specific to the discipline, and successfully completed
947	the program's core curriculum courses or passed an equivalency
948	test in lieu of taking the core curriculum courses and provided
949	proof of completion of such curriculum courses or examination
950	and obtained a certificate from the board pursuant to this part
951	or, pursuant to authorization by the certifying authority,
952	provides proof of completion of such curriculum or coursework
953	within 6 months after such certification; and
954	Section 28.  Subsections (2), (8), and (9) of section
955	553.37, Florida Statutes, are amended, and subsection (12) is
956	added to that section, to read:
957	553.37  Rules; inspections; and insignia.-
958	(2)  The department shall adopt rules to address:
959	(a)  Procedures and qualifications for approval of third-
960	party plan review and inspection agencies and of those who
961	perform inspections and plan reviews.
962	(b)  Investigation of consumer complaints of noncompliance
963	of manufactured buildings with the Florida Building Code and the
964	Florida Fire Prevention Code.
965	(c)  Issuance, cancellation, and revocation of any insignia
966	issued by the department and procedures for auditing and
967	accounting for disposition of them.
968	(d)  Monitoring the manufacturers', inspection agencies',
969	and plan review agencies' compliance with this part and the
970	Florida Building Code. Monitoring may include, but is not
971	limited to, performing audits of plans, inspections of
972	manufacturing facilities and observation of the manufacturing
973	and inspection process, and onsite inspections of buildings.
974	(e)  The performance by the department and its designees
975	and contractors of any other functions required by this part.
976	(8)  The department, by rule, shall establish a schedule of
977	fees to pay the cost of the administration and enforcement of
978	this part. The rule may provide for manufacturers to pay fees to
979	the administrator directly via the Building Code Information
980	System.
981	(9)  The department may delegate its enforcement authority
982	to a state department having building construction
983	responsibilities or a local government and may enter into
984	contracts for the performance of its administrative duties under
985	this part. The department may delegate its plan review and
986	inspection authority to one or more of the following in any
987	combination:
988	(a)  A state department having building construction
989	responsibilities;
990	(b)  A local government;
991	(c)  An approved inspection agency;
992	(d)  An approved plan review agency; or
993	(e)  An agency of another state.
994	(12)  Custom or one-of-a-kind prototype manufactured
995	buildings are not required to have state approval, but must be
996	in compliance with all local requirements of the governmental
997	agency having jurisdiction at the installation site.
998	Section 29.  Section 553.375, Florida Statutes, is amended
999	to read:
1000	553.375  Recertification of manufactured buildings.-Prior
1001	to the relocation to a site that has a higher design wind speed,
1002	modification, or change of occupancy of a manufactured building
1003	within the state, the manufacturer, dealer, or owner thereof may
1004	apply to the department for recertification of that manufactured
1005	building. The department shall, by rule, provide what
1006	information the applicant must submit for recertification and
1007	for plan review and inspection of such manufactured buildings
1008	and shall establish fees for recertification. Upon a
1009	determination by the department that the manufactured building
1010	complies with the applicable building codes, the department
1011	shall issue a recertification insignia. A manufactured building
1012	that bears recertification insignia does not require any
1013	additional approval by an enforcement jurisdiction in which the
1014	building is sold or installed, and is considered to comply with
1015	all applicable codes. As an alternative to recertification by
1016	the department, the manufacturer, dealer, or owner of a
1017	manufactured building may seek appropriate permitting and a
1018	certificate of occupancy from the local jurisdiction in
1019	accordance with procedures generally applicable under the
1020	Florida Building Code.
1021	Section 30.  Subsection (1) of section 553.512, Florida
1022	Statutes, is amended to read:
1023	553.512  Modifications and waivers; advisory council.-
1024	(1)  The Florida Building Commission shall provide by
1025	regulation criteria for granting individual modifications of, or
1026	exceptions from, the literal requirements of this part upon a
1027	determination of unnecessary, unreasonable, or extreme hardship,
1028	provided such waivers shall not violate federal accessibility
1029	laws and regulations and shall be reviewed by the Accessibility
1030	Advisory Council. The commission shall establish by rule a fee
1031	to be paid upon submitting a request for a waiver as provided in
1032	this section. Notwithstanding any other provision of this
1033	subsection, if an applicant for a waiver demonstrates economic
1034	hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
1035	shall be granted. The commission may not consider waiving any of
1036	the requirements of s. 553.5041 unless the applicant first
1037	demonstrates that she or he has applied for and been denied
1038	waiver or variance from all local government zoning, subdivision
1039	regulations, or other ordinances that prevent compliance
1040	therewith. Further, the commission may not waive the requirement
1041	of s. 553.5041(5)(a) and (c)1. governing the minimum width of
1042	accessible routes and minimum width of accessible parking
1043	spaces.
1044	Section 31.  Effective October 1, 2010, section 553.721,
1045	Florida Statutes, is amended to read:
1046	553.721  Surcharge.-
1047	(1)  In order for the Department of Community Affairs to
1048	administer and carry out the purposes of this part and related
1049	activities, there is hereby created a surcharge, to be assessed
1050	at the rate of 1.5 percent of the permit fees associated with
1051	enforcement of the Florida Building Code as defined by the
1052	uniform account criteria and specifically the uniform account
1053	code for building permits adopted for local government financial
1054	reporting pursuant to s. 218.32. The minimum amount collected on
1055	any permit issued shall be $2 one-half cent per square foot
1056	under-roof floor space permitted pursuant to s. 125.56(4) or s.
1057	166.201. However, for additions, alterations, or renovations to
1058	existing buildings, the surcharge shall be computed on the basis
1059	of the square footage being added, altered, or renovated. The
1060	unit of government responsible for collecting a permit fee
1061	pursuant to s. 125.56(4) or s. 166.201 shall collect such
1062	surcharge and electronically remit the funds collected to the
1063	department on a quarterly calendar basis beginning not later
1064	than December 31, 2010, for the preceding quarter, and
1065	continuing each third month thereafter, and such unit of
1066	government shall may retain 10 an amount up to 5 percent of the
1067	surcharge collected to fund the participation of building
1068	departments in the national and state building code adoption
1069	processes and to provide education related to enforcement of the
1070	Florida Building Code cover costs associated with the collection
1071	and remittance of such surcharge. All funds remitted to the
1072	department pursuant to this section subsection shall be
1073	deposited in the Operating Trust Fund. Funds collected from such
1074	surcharge shall be used exclusively for the duties of the
1075	Florida Building Commission and the Department of Community
1076	Affairs under this chapter and shall not be used to fund
1077	research on techniques for mitigation of radon in existing
1078	buildings. Funds used by the department as well as funds to be
1079	transferred to the Department of Health shall be as prescribed
1080	in the annual General Appropriations Act. The department shall
1081	adopt rules governing the collection and remittance of
1082	surcharges in accordance with chapter 120.
1083	(2)  Notwithstanding subsection (1), and for the 2008-2009
1084	fiscal year only, the amount transferred from the Operating
1085	Trust Fund to the Grants and Donations Trust Fund of the
1086	Department of Community Affairs pursuant to the General
1087	Appropriations Act for the 2008-2009 fiscal year shall be used
1088	for the regional planning councils, civil legal assistance, and
1089	the Front Porch Florida Initiative.
1090	Section 32.  Subsections (2) and (3) and paragraph (b) of
1091	subsection (4) of section 553.73, Florida Statutes, are amended,
1092	present subsections (5) through (13) of that section are
1093	renumbered as subsections (6) through (14), respectively, a new
1094	subsection (5) is added to that section, paragraph (a) of
1095	present subsection (6) and present subsections (7) and (9) of
1096	that section are amended, and subsections (15), (16), and (17)
1097	are added to that section, to read:
1098	553.73  Florida Building Code.-
1099	(2)  The Florida Building Code shall contain provisions or
1100	requirements for public and private buildings, structures, and
1101	facilities relative to structural, mechanical, electrical,
1102	plumbing, energy, and gas systems, existing buildings,
1103	historical buildings, manufactured buildings, elevators, coastal
1104	construction, lodging facilities, food sales and food service
1105	facilities, health care facilities, including assisted living
1106	facilities, adult day care facilities, hospice residential and
1107	inpatient facilities and units, and facilities for the control
1108	of radiation hazards, public or private educational facilities,
1109	swimming pools, and correctional facilities and enforcement of
1110	and compliance with such provisions or requirements. Further,
1111	the Florida Building Code must provide for uniform
1112	implementation of ss. 515.25, 515.27, and 515.29 by including
1113	standards and criteria for residential swimming pool barriers,
1114	pool covers, latching devices, door and window exit alarms, and
1115	other equipment required therein, which are consistent with the
1116	intent of s. 515.23. Technical provisions to be contained within
1117	the Florida Building Code are restricted to requirements related
1118	to the types of materials used and construction methods and
1119	standards employed in order to meet criteria specified in the
1120	Florida Building Code. Provisions relating to the personnel,
1121	supervision or training of personnel, or any other professional
1122	qualification requirements relating to contractors or their
1123	workforce may not be included within the Florida Building Code,
1124	and subsections (4), (5), (6), (7), and (8), and (9) are not to
1125	be construed to allow the inclusion of such provisions within
1126	the Florida Building Code by amendment. This restriction applies
1127	to both initial development and amendment of the Florida
1128	Building Code.
1129	(3)  The commission shall select from available national or
1130	international model building codes, or other available building
1131	codes and standards currently recognized by the laws of this
1132	state, to form the foundation for the Florida Building Code. The
1133	commission may modify the selected model codes and standards as
1134	needed to accommodate the specific needs of this state.
1135	Standards or criteria referenced by the selected model codes
1136	shall be similarly incorporated by reference. If a referenced
1137	standard or criterion requires amplification or modification to
1138	be appropriate for use in this state, only the amplification or
1139	modification shall be specifically set forth in the Florida
1140	Building Code. The Florida Building Commission may approve
1141	technical amendments to the code, subject to the requirements of
1142	subsections (8) (7) and (9) (8), after the amendments have been
1143	subject to the following conditions:
1144	(a)  The proposed amendment has been published on the
1145	commission's website for a minimum of 45 days and all the
1146	associated documentation has been made available to any
1147	interested party before any consideration by any Technical
1148	Advisory Committee;
1149	(b)  In order for a Technical Advisory Committee to make a
1150	favorable recommendation to the commission, the proposal must
1151	receive a three-fourths vote of the members present at the
1152	Technical Advisory Committee meeting and at least half of the
1153	regular members must be present in order to conduct a meeting;
1154	(c)  After Technical Advisory Committee consideration and a
1155	recommendation for approval of any proposed amendment, the
1156	proposal must be published on the commission's website for not
1157	less than 45 days before any consideration by the commission;
1158	and
1159	(d)  Any proposal may be modified by the commission based
1160	on public testimony and evidence from a public hearing held in
1161	accordance with chapter 120.
1162
1163	The commission shall incorporate within sections of the Florida
1164	Building Code provisions which address regional and local
1165	concerns and variations. The commission shall make every effort
1166	to minimize conflicts between the Florida Building Code, the
1167	Florida Fire Prevention Code, and the Life Safety Code.
1168	(4)
1169	(b)  Local governments may, subject to the limitations of
1170	this section, adopt amendments to the technical provisions of
1171	the Florida Building Code which apply solely within the
1172	jurisdiction of such government and which provide for more
1173	stringent requirements than those specified in the Florida
1174	Building Code, not more than once every 6 months. A local
1175	government may adopt technical amendments that address local
1176	needs if:
1177	1.  The local governing body determines, following a public
1178	hearing which has been advertised in a newspaper of general
1179	circulation at least 10 days before the hearing, that there is a
1180	need to strengthen the requirements of the Florida Building
1181	Code. The determination must be based upon a review of local
1182	conditions by the local governing body, which review
1183	demonstrates by evidence or data that the geographical
1184	jurisdiction governed by the local governing body exhibits a
1185	local need to strengthen the Florida Building Code beyond the
1186	needs or regional variation addressed by the Florida Building
1187	Code, that the local need is addressed by the proposed local
1188	amendment, and that the amendment is no more stringent than
1189	necessary to address the local need.
1190	2.  Such additional requirements are not discriminatory
1191	against materials, products, or construction techniques of
1192	demonstrated capabilities.
1193	3.  Such additional requirements may not introduce a new
1194	subject not addressed in the Florida Building Code.
1195	4.  The enforcing agency shall make readily available, in a
1196	usable format, all amendments adopted pursuant to this section.
1197	5.  Any amendment to the Florida Building Code shall be
1198	transmitted within 30 days by the adopting local government to
1199	the commission. The commission shall maintain copies of all such
1200	amendments in a format that is usable and obtainable by the
1201	public. Local technical amendments shall not become effective
1202	until 30 days after the amendment has been received and
1203	published by the commission.
1204	6.  Any amendment to the Florida Building Code adopted by a
1205	local government pursuant to this paragraph shall be effective
1206	only until the adoption by the commission of the new edition of
1207	the Florida Building Code every third year. At such time, the
1208	commission shall review such amendment for consistency with the
1209	criteria in paragraph (9)(8)(a) and adopt such amendment as part
1210	of the Florida Building Code or rescind the amendment. The
1211	commission shall immediately notify the respective local
1212	government of the rescission of any amendment. After receiving
1213	such notice, the respective local government may readopt the
1214	rescinded amendment pursuant to the provisions of this
1215	paragraph.
1216	7.  Each county and municipality desiring to make local
1217	technical amendments to the Florida Building Code shall by
1218	interlocal agreement establish a countywide compliance review
1219	board to review any amendment to the Florida Building Code,
1220	adopted by a local government within the county pursuant to this
1221	paragraph, that is challenged by any substantially affected
1222	party for purposes of determining the amendment's compliance
1223	with this paragraph. If challenged, the local technical
1224	amendments shall not become effective until time for filing an
1225	appeal pursuant to subparagraph 8. has expired or, if there is
1226	an appeal, until the commission issues its final order
1227	determining the adopted amendment is in compliance with this
1228	subsection.
1229	8.  If the compliance review board determines such
1230	amendment is not in compliance with this paragraph, the
1231	compliance review board shall notify such local government of
1232	the noncompliance and that the amendment is invalid and
1233	unenforceable until the local government corrects the amendment
1234	to bring it into compliance. The local government may appeal the
1235	decision of the compliance review board to the commission. If
1236	the compliance review board determines such amendment to be in
1237	compliance with this paragraph, any substantially affected party
1238	may appeal such determination to the commission. Any such appeal
1239	shall be filed with the commission within 14 days of the board's
1240	written determination. The commission shall promptly refer the
1241	appeal to the Division of Administrative Hearings for the
1242	assignment of an administrative law judge. The administrative
1243	law judge shall conduct the required hearing within 30 days, and
1244	shall enter a recommended order within 30 days of the conclusion
1245	of such hearing. The commission shall enter a final order within
1246	30 days thereafter. The provisions of chapter 120 and the
1247	uniform rules of procedure shall apply to such proceedings. The
1248	local government adopting the amendment that is subject to
1249	challenge has the burden of proving that the amendment complies
1250	with this paragraph in proceedings before the compliance review
1251	board and the commission, as applicable. Actions of the
1252	commission are subject to judicial review pursuant to s. 120.68.
1253	The compliance review board shall determine whether its
1254	decisions apply to a respective local jurisdiction or apply
1255	countywide.
1256	9.  An amendment adopted under this paragraph shall include
1257	a fiscal impact statement which documents the costs and benefits
1258	of the proposed amendment. Criteria for the fiscal impact
1259	statement shall include the impact to local government relative
1260	to enforcement, the impact to property and building owners, as
1261	well as to industry, relative to the cost of compliance. The
1262	fiscal impact statement may not be used as a basis for
1263	challenging the amendment for compliance.
1264	10.  In addition to subparagraphs 7. and 9., the commission
1265	may review any amendments adopted pursuant to this subsection
1266	and make nonbinding recommendations related to compliance of
1267	such amendments with this subsection.
1268	(5)  Notwithstanding subsection (4), counties and
1269	municipalities may adopt by ordinance an administrative or
1270	technical amendment to the Florida Building Code relating to
1271	flood resistance in order to implement the National Flood
1272	Insurance Program or incentives. Specifically, an administrative
1273	amendment may assign the duty to enforce all or portions of
1274	flood-related code provisions to the appropriate agencies of the
1275	local government and adopt procedures for variances and
1276	exceptions from flood-related code provisions other than
1277	provisions for structures seaward of the coastal construction
1278	control line consistent with the requirements in 44 C.F.R. s.
1279	60.6. A technical amendment is authorized to the extent it is
1280	more stringent than the code. A technical amendment is not
1281	subject to the requirements of subsection (4) and may not be
1282	rendered void when the code is updated if the amendment is
1283	adopted for the purpose of participating in the Community Rating
1284	System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
1285	had already been adopted by local ordinance prior to July 1,
1286	2010, or the amendment requires a design flood elevation above
1287	the base flood elevation. Any amendment adopted pursuant to this
1288	subsection shall be transmitted to the commission within 30 days
1289	after being adopted.
1290	(7)(6)(a)  The commission, by rule adopted pursuant to ss.
1291	120.536(1) and 120.54, shall update the Florida Building Code
1292	every 3 years. When updating the Florida Building Code, the
1293	commission shall select the most current version of the
1294	International Building Code, the International Fuel Gas Code,
1295	the International Mechanical Code, the International Plumbing
1296	Code, and the International Residential Code, all of which are
1297	adopted by the International Code Council, and the National
1298	Electrical Code, which is adopted by the National Fire
1299	Protection Association, to form the foundation codes of the
1300	updated Florida Building Code, if the version has been adopted
1301	by the applicable model code entity and made available to the
1302	public at least 6 months prior to its selection by the
1303	commission. The commission shall select the most current version
1304	of the International Energy Conservation Code (IECC) as a
1305	foundation code; however, the IECC shall be modified by the
1306	commission to maintain the efficiencies of the Florida Energy
1307	Efficiency Code for Building Construction adopted and amended
1308	pursuant to s. 553.901.
1309	(8)(7)  Notwithstanding the provisions of subsection (3) or
1310	subsection (7) (6), the commission may address issues identified
1311	in this subsection by amending the code pursuant only to the
1312	rule adoption procedures contained in chapter 120. Provisions of
1313	the Florida Building Code, including those contained in
1314	referenced standards and criteria, relating to wind resistance
1315	or the prevention of water intrusion may not be amended pursuant
1316	to this subsection to diminish those construction requirements;
1317	however, the commission may, subject to conditions in this
1318	subsection, amend the provisions to enhance those construction
1319	requirements. Following the approval of any amendments to the
1320	Florida Building Code by the commission and publication of the
1321	amendments on the commission's website, authorities having
1322	jurisdiction to enforce the Florida Building Code may enforce
1323	the amendments. The commission may approve amendments that are
1324	needed to address:
1325	(a)  Conflicts within the updated code;
1326	(b)  Conflicts between the updated code and the Florida
1327	Fire Prevention Code adopted pursuant to chapter 633;
1328	(c)  The omission of previously adopted Florida-specific
1329	amendments to the updated code if such omission is not supported
1330	by a specific recommendation of a technical advisory committee
1331	or particular action by the commission;
1332	(d)  Unintended results from the integration of previously
1333	adopted Florida-specific amendments with the model code;
1334	(e)  Equivalency of standards;
1335	(f)(e)  Changes to or inconsistencies with federal or state
1336	law; or
1337	(g)(f)  Adoption of an updated edition of the National
1338	Electrical Code if the commission finds that delay of
1339	implementing the updated edition causes undue hardship to
1340	stakeholders or otherwise threatens the public health, safety,
1341	and welfare.
1342	(10)(9)  The following buildings, structures, and
1343	facilities are exempt from the Florida Building Code as provided
1344	by law, and any further exemptions shall be as determined by the
1345	Legislature and provided by law:
1346	(a)  Buildings and structures specifically regulated and
1347	preempted by the Federal Government.
1348	(b)  Railroads and ancillary facilities associated with the
1349	railroad.
1350	(c)  Nonresidential farm buildings on farms.
1351	(d)  Temporary buildings or sheds used exclusively for
1352	construction purposes.
1353	(e)  Mobile or modular structures used as temporary
1354	offices, except that the provisions of part II relating to
1355	accessibility by persons with disabilities shall apply to such
1356	mobile or modular structures.
1357	(f)  Those structures or facilities of electric utilities,
1358	as defined in s. 366.02, which are directly involved in the
1359	generation, transmission, or distribution of electricity.
1360	(g)  Temporary sets, assemblies, or structures used in
1361	commercial motion picture or television production, or any
1362	sound-recording equipment used in such production, on or off the
1363	premises.
1364	(h)  Storage sheds that are not designed for human
1365	habitation and that have a floor area of 720 square feet or less
1366	are not required to comply with the mandatory wind-borne-debris-
1367	impact standards of the Florida Building Code.
1368	(i)  Chickees constructed by the Miccosukee Tribe of
1369	Indians of Florida or the Seminole Tribe of Florida. As used in
1370	this paragraph, the term "chickee" means an open-sided wooden
1371	hut that has a thatched roof of palm or palmetto or other
1372	traditional materials, and that does not incorporate any
1373	electrical, plumbing, or other nonwood features.
1374	(j)  Family mausoleums not exceeding 250 square feet in
1375	area which are prefabricated and assembled on site or
1376	preassembled and delivered on site and have walls, roofs, and a
1377	floor constructed of granite, marble, or reinforced concrete.
1378
1379	With the exception of paragraphs (a), (b), (c), and (f), in
1380	order to preserve the health, safety, and welfare of the public,
1381	the Florida Building Commission may, by rule adopted pursuant to
1382	chapter 120, provide for exceptions to the broad categories of
1383	buildings exempted in this section, including exceptions for
1384	application of specific sections of the code or standards
1385	adopted therein. The Department of Agriculture and Consumer
1386	Services shall have exclusive authority to adopt by rule,
1387	pursuant to chapter 120, exceptions to nonresidential farm
1388	buildings exempted in paragraph (c) when reasonably necessary to
1389	preserve public health, safety, and welfare. The exceptions must
1390	be based upon specific criteria, such as under-roof floor area,
1391	aggregate electrical service capacity, HVAC system capacity, or
1392	other building requirements. Further, the commission may
1393	recommend to the Legislature additional categories of buildings,
1394	structures, or facilities which should be exempted from the
1395	Florida Building Code, to be provided by law. The Florida
1396	Building Code does not apply to temporary housing provided by
1397	the Department of Corrections to any prisoner in the state
1398	correctional system.
1399	(15)  An agency or local government may not require that
1400	existing mechanical equipment on the surface of a roof be
1401	installed in compliance with the requirements of the Florida
1402	Building Code until the equipment is required to be removed or
1403	replaced.
1404	(16)  The Florida Building Code must require that the
1405	illumination in classroom units be designed to provide and
1406	maintain an average of 40 foot-candles of light at each desktop.
1407	Public educational facilities must consider using light-emitting
1408	diode lighting before considering other lighting sources.
1409	(17)  The provisions of section R313 of the most current
1410	version of the International Residential Code relating to
1411	mandated fire sprinklers may not be incorporated into the
1412	Florida Building Code as adopted by the Florida Building
1413	Commission and may not be adopted as a local amendment to the
1414	Florida Building Code. This subsection does not apply to a local
1415	government that has a lawfully adopted ordinance relating to
1416	fire sprinklers which has been in effect since January 1, 2010.
1417	Section 33.  Subsection (5) is added to section 553.74,
1418	Florida Statutes, to read:
1419	553.74  Florida Building Commission.-
1420	(5)  Notwithstanding s. 112.313 or any other provision of
1421	law, a member of any of commission's technical advisory
1422	committees or a member of any other advisory committee or
1423	workgroup of the commission, does not have an impermissible
1424	conflict of interest when representing clients before the
1425	commission or one of its committees or workgroups. However, the
1426	member, in his or her capacity as member of the committee or
1427	workgroup, may not take part in any discussion on or take action
1428	on any matter in which he or she has a direct financial
1429	interest.
1430	Section 34.  Subsection (2) of section 553.76, Florida
1431	Statutes, is amended to read:
1432	553.76  General powers of the commission.-The commission is
1433	authorized to:
1434	(2)  Issue memoranda of procedure for its internal
1435	management and control. The commission may adopt rules related
1436	to its consensus-based decisionmaking process, including, but
1437	not limited to, super majority voting requirements for
1438	commission actions relating to the adoption of the Florida
1439	Building Code or amendments to the code.
1440	Section 35.  Subsections (2) and (4) of section 553.775,
1441	Florida Statutes, are amended to read:
1442	553.775  Interpretations.-
1443	(2)  Local enforcement agencies, local building officials,
1444	state agencies, and the commission shall interpret provisions of
1445	the Florida Building Code in a manner that is consistent with
1446	declaratory statements and interpretations entered by the
1447	commission, except that conflicts between the Florida Fire
1448	Prevention Code and the Florida Building Code shall be resolved
1449	in accordance with s. 553.73(11)(10)(c) and (d).
1450	(4)  In order to administer this section, the commission
1451	may adopt by rule and impose a fee for filing requests for
1452	declaratory statements and binding and nonbinding
1453	interpretations to recoup the cost of the proceedings which may
1454	not exceed $125 for each request for a nonbinding interpretation
1455	and $250 for each request for a binding review or
1456	interpretation. For proceedings conducted by or in coordination
1457	with a third-party, the rule may provide that payment be made
1458	directly to the third party, who shall remit to the department
1459	that portion of the fee necessary to cover the costs of the
1460	department.
1461	Section 36.  Subsection (9) of section 553.79, Florida
1462	Statutes, is amended to read:
1463	553.79  Permits; applications; issuance; inspections.-
1464	(9)  Any state agency whose enabling legislation authorizes
1465	it to enforce provisions of the Florida Building Code may enter
1466	into an agreement with any other unit of government to delegate
1467	its responsibility to enforce those provisions and may expend
1468	public funds for permit and inspection fees, which fees may be
1469	no greater than the fees charged others. Inspection services
1470	that are not required to be performed by a state agency under a
1471	federal delegation of responsibility or by a state agency under
1472	the Florida Building Code must be performed under the
1473	alternative plans review and inspection process created in s.
1474	553.791 or by a local governmental entity having authority to
1475	enforce the Florida Building Code.
1476	Section 37.  For the purpose of incorporating the amendment
1477	made by this act to section 553.79, Florida Statutes, in a
1478	reference thereto, subsection (1) of section 553.80, Florida
1479	Statutes, is reenacted, and paragraph (c) of subsection (1) and
1480	subsection (3) of that section are amended, to read:
1481	553.80  Enforcement.-
1482	(1)  Except as provided in paragraphs (a)-(g), each local
1483	government and each legally constituted enforcement district
1484	with statutory authority shall regulate building construction
1485	and, where authorized in the state agency's enabling
1486	legislation, each state agency shall enforce the Florida
1487	Building Code required by this part on all public or private
1488	buildings, structures, and facilities, unless such
1489	responsibility has been delegated to another unit of government
1490	pursuant to s. 553.79(9).
1491	(a)  Construction regulations relating to correctional
1492	facilities under the jurisdiction of the Department of
1493	Corrections and the Department of Juvenile Justice are to be
1494	enforced exclusively by those departments.
1495	(b)  Construction regulations relating to elevator
1496	equipment under the jurisdiction of the Bureau of Elevators of
1497	the Department of Business and Professional Regulation shall be
1498	enforced exclusively by that department.
1499	(c)  In addition to the requirements of s. 553.79 and this
1500	section, facilities subject to the provisions of chapter 395 and
1501	parts part II and VIII of chapter 400 shall have facility plans
1502	reviewed and construction surveyed by the state agency
1503	authorized to do so under the requirements of chapter 395 and
1504	parts part II and VIII of chapter 400 and the certification
1505	requirements of the Federal Government. Facilities subject to
1506	the provisions of part IV of chapter 400 may have facility plans
1507	reviewed and shall have construction surveyed by the state
1508	agency authorized to do so under the requirements of part IV of
1509	chapter 400 and the certification requirements of the Federal
1510	Government.
1511	(d)  Building plans approved under s. 553.77(3) and state-
1512	approved manufactured buildings, including buildings
1513	manufactured and assembled offsite and not intended for
1514	habitation, such as lawn storage buildings and storage sheds,
1515	are exempt from local code enforcing agency plan reviews except
1516	for provisions of the code relating to erection, assembly, or
1517	construction at the site. Erection, assembly, and construction
1518	at the site are subject to local permitting and inspections.
1519	Lawn storage buildings and storage sheds bearing the insignia of
1520	approval of the department are not subject to s. 553.842. Such
1521	buildings that do not exceed 400 square feet may be delivered
1522	and installed without need of a contractor's or specialty
1523	license.
1524	(e)  Construction regulations governing public schools,
1525	state universities, and community colleges shall be enforced as
1526	provided in subsection (6).
1527	(f)  The Florida Building Code as it pertains to toll
1528	collection facilities under the jurisdiction of the turnpike
1529	enterprise of the Department of Transportation shall be enforced
1530	exclusively by the turnpike enterprise.
1531	(g)  Construction regulations relating to secure mental
1532	health treatment facilities under the jurisdiction of the
1533	Department of Children and Family Services shall be enforced
1534	exclusively by the department in conjunction with the Agency for
1535	Health Care Administration's review authority under paragraph
1536	(c).
1537
1538	The governing bodies of local governments may provide a schedule
1539	of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1540	section, for the enforcement of the provisions of this part.
1541	Such fees shall be used solely for carrying out the local
1542	government's responsibilities in enforcing the Florida Building
1543	Code. The authority of state enforcing agencies to set fees for
1544	enforcement shall be derived from authority existing on July 1,
1545	1998. However, nothing contained in this subsection shall
1546	operate to limit such agencies from adjusting their fee schedule
1547	in conformance with existing authority.
1548	(3)(a)  Each enforcement district shall be governed by a
1549	board, the composition of which shall be determined by the
1550	affected localities.
1551	(b)1.  At its own option, each enforcement district or
1552	local enforcement agency may adopt promulgate rules granting to
1553	the owner of a single-family residence one or more exemptions
1554	from the Florida Building Code relating to:
1555	a.(a)  Addition, alteration, or repairs performed by the
1556	property owner upon his or her own property, provided any
1557	addition or alteration shall not exceed 1,000 square feet or the
1558	square footage of the primary structure, whichever is less.
1559	b.(b)  Addition, alteration, or repairs by a nonowner
1560	within a specific cost limitation set by rule, provided the
1561	total cost shall not exceed $5,000 within any 12-month period.
1562	c.(c)  Building and inspection fees.
1563	2.  However, the exemptions under subparagraph 1. do not
1564	apply to single-family residences that are located in mapped
1565	flood hazard areas, as defined in the code, unless the
1566	enforcement district or local enforcement agency has determined
1567	that the work, which is otherwise exempt, does not constitute a
1568	substantial improvement, including the repair of substantial
1569	damage, of such single-family residences.
1570	3.  Each code exemption, as defined in sub-subparagraphs
1571	1.a, b., and c. paragraphs (a), (b), and (c), shall be certified
1572	to the local board 10 days prior to implementation and shall
1573	only be effective in the territorial jurisdiction of the
1574	enforcement district or local enforcement agency implementing
1575	it.
1576	Section 38.  Subsections (4) through (9) of section
1577	553.841, Florida Statutes, are amended to read:
1578	553.841  Building code compliance and mitigation program.-
1579	(4)  The department, In administering the Florida Building
1580	Code Compliance and Mitigation Program, the department shall
1581	maintain, update, develop, or cause to be developed:
1582	(a)  A core curriculum that is prerequisite to the advanced
1583	module coursework.
1584	(b)  advanced modules designed for use by each profession.
1585	(c)  The core curriculum developed under this subsection
1586	must be submitted to the Department of Business and Professional
1587	Regulation for approval. Advanced modules developed under this
1588	paragraph must be approved by the commission and submitted to
1589	the respective boards for approval.
1590	(5)  The core curriculum shall cover the information
1591	required to have all categories of participants appropriately
1592	informed as to their technical and administrative
1593	responsibilities in the effective execution of the code process
1594	by all individuals currently licensed under part XII of chapter
1595	468, chapter 471, chapter 481, or chapter 489, except as
1596	otherwise provided in s. 471.017. The core curriculum shall be
1597	prerequisite to the advanced module coursework for all licensees
1598	and shall be completed by individuals licensed in all categories
1599	under part XII of chapter 468, chapter 471, chapter 481, or
1600	chapter 489 within the first 2-year period after initial
1601	licensure. Core course hours taken by licensees to complete this
1602	requirement shall count toward fulfillment of required
1603	continuing education units under part XII of chapter 468,
1604	chapter 471, chapter 481, or chapter 489.
1605	(5)(6)  Each biennium, upon receipt of funds by the
1606	Department of Community Affairs from the Construction Industry
1607	Licensing Board and the Electrical Contractors' Licensing Board
1608	provided under ss. 489.109(3) and 489.509(3), the department
1609	shall determine the amount of funds available for the Florida
1610	Building Code Compliance and Mitigation Program.
1611	(6)(7)  If the projects provided through the Florida
1612	Building Code Compliance and Mitigation Program in any state
1613	fiscal year do not require the use of all available funds, the
1614	unused funds shall be carried forward and allocated for use
1615	during the following fiscal year.
1616	(7)(8)  The Florida Building Commission shall provide by
1617	rule for the accreditation of courses related to the Florida
1618	Building Code by accreditors approved by the commission. The
1619	commission shall establish qualifications of accreditors and
1620	criteria for the accreditation of courses by rule. The
1621	commission may revoke the accreditation of a course by an
1622	accreditor if the accreditation is demonstrated to violate this
1623	part or the rules of the commission.
1624	(8)(9)  This section does not prohibit or limit the subject
1625	areas or development of continuing education or training on the
1626	Florida Building Code by any qualified entity.
1627	Section 39.  Subsections (1), (5), (8), and (17) of section
1628	553.842, Florida Statutes, are amended to read:
1629	553.842  Product evaluation and approval.-
1630	(1)  The commission shall adopt rules under ss. 120.536(1)
1631	and 120.54 to develop and implement a product evaluation and
1632	approval system that applies statewide to operate in
1633	coordination with the Florida Building Code. The commission may
1634	enter into contracts to provide for administration of the
1635	product evaluation and approval system. The commission's rules
1636	and any applicable contract may provide that the payment of fees
1637	related to approvals be made directly to the administrator. Any
1638	fee paid by a product manufacturer shall be used only for
1639	funding the product evaluation and approval system. The product
1640	evaluation and approval system shall provide:
1641	(a)  Appropriate promotion of innovation and new
1642	technologies.
1643	(b)  Processing submittals of products from manufacturers
1644	in a timely manner.
1645	(c)  Independent, third-party qualified and accredited
1646	testing and laboratory facilities, product evaluation entities,
1647	quality assurance agencies, certification agencies, and
1648	validation entities.
1649	(d)  An easily accessible product acceptance list to
1650	entities subject to the Florida Building Code.
1651	(e)  Development of stringent but reasonable testing
1652	criteria based upon existing consensus standards, when
1653	available, for products.
1654	(f)  Long-term approvals, where feasible. State and local
1655	approvals will be valid until the requirements of the code on
1656	which the approval is based change, the product changes in a
1657	manner affecting its performance as required by the code, or the
1658	approval is revoked. However, the commission may authorize by
1659	rule editorial revisions to approvals and charge a fee as
1660	provided in this section.
1661	(g)  Criteria for revocation of a product approval.
1662	(h)  Cost-effectiveness.
1663	(5)  Statewide approval of products, methods, or systems of
1664	construction may be achieved by one of the following methods.
1665	One of these methods must be used by the commission to approve
1666	the following categories of products: panel walls, exterior
1667	doors, roofing, skylights, windows, shutters, and structural
1668	components as established by the commission by rule.
1669	(a)  Products for which the code establishes standardized
1670	testing or comparative or rational analysis methods shall be
1671	approved by submittal and validation of one of the following
1672	reports or listings indicating that the product or method or
1673	system of construction was evaluated to be in compliance with
1674	the Florida Building Code and that the product or method or
1675	system of construction is, for the purpose intended, at least
1676	equivalent to that required by the Florida Building Code:
1677	1.  A certification mark or listing of an approved
1678	certification agency, which may be used only for products for
1679	which the code designates standardized testing;
1680	2.  A test report from an approved testing laboratory;
1681	3.  A product evaluation report based upon testing or
1682	comparative or rational analysis, or a combination thereof, from
1683	an approved product evaluation entity; or
1684	4.  A product evaluation report based upon testing or
1685	comparative or rational analysis, or a combination thereof,
1686	developed and signed and sealed by a professional engineer or
1687	architect, licensed in this state.
1688
1689	A product evaluation report or a certification mark or listing
1690	of an approved certification agency which demonstrates that the
1691	product or method or system of construction complies with the
1692	Florida Building Code for the purpose intended shall be
1693	equivalent to a test report and test procedure as referenced in
1694	the Florida Building Code. An application for state approval of
1695	a product under subparagraph 1. must be approved by the
1696	department after the commission staff or a designee verifies
1697	that the application and related documentation are complete.
1698	This verification must be completed within 10 business days
1699	after receipt of the application. Upon approval by the
1700	department, the product shall be immediately added to the list
1701	of state-approved products maintained under subsection (13).
1702	Approvals by the department shall be reviewed and ratified by
1703	the commission's program oversight committee except for a
1704	showing of good cause that a review by the full commission is
1705	necessary. The commission shall adopt rules providing means to
1706	cure deficiencies identified within submittals for products
1707	approved under this paragraph.
1708	(b)  Products, methods, or systems of construction for
1709	which there are no specific standardized testing or comparative
1710	or rational analysis methods established in the code may be
1711	approved by submittal and validation of one of the following:
1712	1.  A product evaluation report based upon testing or
1713	comparative or rational analysis, or a combination thereof, from
1714	an approved product evaluation entity indicating that the
1715	product or method or system of construction was evaluated to be
1716	in compliance with the intent of the Florida Building Code and
1717	that the product or method or system of construction is, for the
1718	purpose intended, at least equivalent to that required by the
1719	Florida Building Code; or
1720	2.  A product evaluation report based upon testing or
1721	comparative or rational analysis, or a combination thereof,
1722	developed and signed and sealed by a professional engineer or
1723	architect, licensed in this state, who certifies that the
1724	product or method or system of construction is, for the purpose
1725	intended, at least equivalent to that required by the Florida
1726	Building Code.
1727	(8)  The commission may adopt rules to approve the
1728	following types of entities that produce information on which
1729	product approvals are based. All of the following entities,
1730	including engineers and architects, must comply with a
1731	nationally recognized standard demonstrating independence or no
1732	conflict of interest:
1733	(a)  Evaluation entities approved pursuant to this
1734	paragraph that meet the criteria for approval adopted by the
1735	commission by rule. The commission shall specifically approve
1736	the National Evaluation Service, the International Association
1737	of Plumbing and Mechanical Officials Evaluation Service the
1738	International Conference of Building Officials Evaluation
1739	Services, the International Code Council Evaluation Services,
1740	the Building Officials and Code Administrators International
1741	Evaluation Services, the Southern Building Code Congress
1742	International Evaluation Services, and the Miami-Dade County
1743	Building Code Compliance Office Product Control. Architects and
1744	engineers licensed in this state are also approved to conduct
1745	product evaluations as provided in subsection (5).
1746	(b)  Testing laboratories accredited by national
1747	organizations, such as A2LA and the National Voluntary
1748	Laboratory Accreditation Program, laboratories accredited by
1749	evaluation entities approved under paragraph (a), and
1750	laboratories that comply with other guidelines for testing
1751	laboratories selected by the commission and adopted by rule.
1752	(c)  Quality assurance entities approved by evaluation
1753	entities approved under paragraph (a) and by certification
1754	agencies approved under paragraph (d) and other quality
1755	assurance entities that comply with guidelines selected by the
1756	commission and adopted by rule.
1757	(d)  Certification agencies accredited by nationally
1758	recognized accreditors and other certification agencies that
1759	comply with guidelines selected by the commission and adopted by
1760	rule.
1761	(e)  Validation entities that comply with accreditation
1762	standards established by the commission by rule.
1763	(17)(a)  The Florida Building Commission shall review the
1764	list of evaluation entities in subsection (8) and, in the annual
1765	report required under s. 553.77, shall either recommend
1766	amendments to the list to add evaluation entities the commission
1767	determines should be authorized to perform product evaluations
1768	or shall report on the criteria adopted by rule or to be adopted
1769	by rule allowing the commission to approve evaluation entities
1770	that use the commission's product evaluation process. If the
1771	commission adopts criteria by rule, the rulemaking process must
1772	be completed by July 1, 2009.
1773	(b)  Notwithstanding paragraph (8)(a), the International
1774	Association of Plumbing and Mechanical Officials Evaluation
1775	Services is approved as an evaluation entity until October 1,
1776	2009. If the association does not obtain permanent approval by
1777	the commission as an evaluation entity by October 1, 2009,
1778	products approved on the basis of an association evaluation must
1779	be substituted by an alternative, approved entity by December
1780	31, 2009, and on January 1, 2010, any product approval issued by
1781	the commission based on an association evaluation is void.
1782	Section 40.  Subsection (4) is added to section 553.844,
1783	Florida Statutes, to read:
1784	553.844  Windstorm loss mitigation; requirements for roofs
1785	and opening protection.-
1786	(4)  Notwithstanding the provisions of this section,
1787	exposed mechanical equipment or appliances fastened to a roof or
1788	installed on the ground in compliance with the code using rated
1789	stands, platforms, curbs, slabs, or other means are deemed to
1790	comply with the wind resistance requirements of the 2007 Florida
1791	Building Code, as amended. Further support or enclosure of such
1792	mechanical equipment or appliances is not required by a state or
1793	local official having authority to enforce the Florida Building
1794	Code. This subsection expires on the effective date of the 2010
1795	Florida Building Code.
1796	Section 41.  Section 553.885, Florida Statutes, is amended
1797	to read:
1798	553.885  Carbon monoxide alarm required.-
1799	(1)  Every separate building or addition to an existing
1800	building, other than a hospital, an inpatient hospice facility,
1801	or a nursing home facility licensed by the Agency for Health
1802	Care Administration, constructed for which a building permit is
1803	issued for new construction on or after July 1, 2008, and having
1804	a fossil-fuel-burning heater or appliance, a fireplace, or an
1805	attached garage, or other feature, fixture, or element that
1806	emits carbon monoxide as a byproduct of combustion shall have an
1807	approved operational carbon monoxide alarm installed within 10
1808	feet of each room used for sleeping purposes in the new building
1809	or addition, or at such other locations as required by the
1810	Florida Building Code. The requirements of this subsection may
1811	be satisfied with the installation of a hard-wired or battery-
1812	powered carbon monoxide alarm or a hard-wired or battery-powered
1813	combination carbon monoxide and smoke alarm. For a new hospital,
1814	an inpatient hospice facility, or a nursing home facility
1815	licensed by the Agency for Health Care Administration, or a new
1816	state correctional institution, an approved operational carbon
1817	monoxide detector shall be installed inside or directly outside
1818	of each room or area within the hospital or facility where a
1819	fossil-fuel-burning heater, engine, or appliance is located.
1820	This detector shall be connected to the fire alarm system of the
1821	hospital or facility as a supervisory signal. This subsection
1822	does not apply to existing buildings that are undergoing
1823	alterations or repairs unless the alteration is an addition as
1824	defined in subsection (3).
1825	(2)  The Florida Building Commission shall adopt rules to
1826	administer this section and shall incorporate such requirements
1827	into its next revision of the Florida Building Code.
1828	(3)  As used in this section, the term:
1829	(a)  "Carbon monoxide alarm" means a device that is meant
1830	for the purpose of detecting carbon monoxide, that produces a
1831	distinct audible alarm, and that meets the requirements of and
1832	is approved by the Florida Building Commission.
1833	(b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
1834	or other petroleum or hydrocarbon product that emits carbon
1835	monoxide as a by-product of combustion.
1836	(c)  "Addition" means an extension or increase in floor
1837	area, number of stories, or height of a building or structure.
1838	Section 42.  Subsection (2) of section 553.9061, Florida
1839	Statutes, is amended to read:
1840	553.9061  Scheduled increases in thermal efficiency
1841	standards.-
1842	(2)  The Florida Building Commission shall identify within
1843	code support and compliance documentation the specific building
1844	options and elements available to meet the energy performance
1845	goals established in subsection (1). Energy efficiency
1846	performance options and elements include, but are not limited
1847	to:
1848	(a)  Energy-efficient water heating systems, including
1849	solar water heating.
1850	(b)  Energy-efficient appliances.
1851	(c)  Energy-efficient windows, doors, and skylights.
1852	(d)  Low solar-absorption roofs, also known as "cool
1853	roofs."
1854	(e)  Enhanced ceiling and wall insulation.
1855	(f)  Reduced-leak duct systems and energy-saving devices
1856	and features installed within duct systems.
1857	(g)  Programmable thermostats.
1858	(h)  Energy-efficient lighting systems.
1859	(i)  Energy-saving quality installation procedures for
1860	replacement air-conditioning systems, including, but not limited
1861	to, equipment sizing analysis and duct inspection.
1862	(j)  Shading devices, sunscreening materials, and
1863	overhangs.
1864	(k)  Weatherstripping, caulking, and sealing of exterior
1865	openings and penetrations.
1866	(l)  Energy-efficient centralized computer data centers in
1867	office buildings.
1868	Section 43.  Subsections (3) and (4) of section 553.909,
1869	Florida Statutes, are amended to read:
1870	553.909  Setting requirements for appliances; exceptions.-
1871	(3)  Commercial or residential swimming pool pumps or water
1872	heaters manufactured on or sold after July 1, 2011, shall comply
1873	with the requirements of this subsection.
1874	(a)  Natural gas pool heaters shall not be equipped with
1875	constantly burning pilots.
1876	(b)  Heat pump pool heaters shall have a coefficient of
1877	performance at low temperature of not less than 4.0.
1878	(c)  The thermal efficiency of gas-fired pool heaters and
1879	oil-fired pool heaters shall not be less than 78 percent.
1880	(d)  All pool heaters shall have a readily accessible on-
1881	off switch that is mounted outside the heater and that allows
1882	shutting off the heater without adjusting the thermostat
1883	setting.
1884	(4)(a)  Residential swimming pool filtration pumps and pump
1885	motors manufactured on or after July 1, 2011, must comply with
1886	the requirements in this subsection.
1887	(b)  Residential filtration pool pump motors shall not be
1888	split-phase, shaded-pole, or capacitor start-induction run
1889	types.
1890	(c)  Residential filtration pool pumps and pool pump motors
1891	with a total horsepower of 1 HP or more shall have the
1892	capability of operating at two or more speeds with a low speed
1893	having a rotation rate that is no more than one-half of the
1894	motor's maximum rotation rate.
1895	(d)  Residential filtration pool pump motor controls shall
1896	have the capability of operating the pool pump at a minimum of
1897	two speeds. The default circulation speed shall be the
1898	residential filtration speed, with a higher speed override
1899	capability being for a temporary period not to exceed one normal
1900	cycle or 24 hours 120 minutes, whichever is less; except that
1901	circulation speed for solar pool heating systems shall be
1902	permitted to run at higher speeds during periods of usable solar
1903	heat gain.
1904	Section 44.  Section 553.912, Florida Statutes, is amended
1905	to read:
1906	553.912  Air conditioners.-All air conditioners that which
1907	are sold or installed in the state shall meet the minimum
1908	efficiency ratings of the Florida Energy Efficiency Code for
1909	Building Construction. These efficiency ratings shall be
1910	minimums and may be updated in the Florida Energy Efficiency
1911	Code for Building Construction by the department in accordance
1912	with s. 553.901, following its determination that more cost-
1913	effective energy-saving equipment and techniques are available.
1914	It is the intent of the Legislature that all replacement air-
1915	conditioning systems be installed using energy-saving, quality
1916	installation procedures, including, but not limited to,
1917	equipment sizing analysis and duct inspection.
1918	Section 45.  Section 627.711, Florida Statutes, is amended
1919	to read:
1920	627.711  Notice of premium discounts for hurricane loss
1921	mitigation; uniform mitigation verification inspection form.-
1922	(1)  Using a form prescribed by the Office of Insurance
1923	Regulation, the insurer shall clearly notify the applicant or
1924	policyholder of any personal lines residential property
1925	insurance policy, at the time of the issuance of the policy and
1926	at each renewal, of the availability and the range of each
1927	premium discount, credit, other rate differential, or reduction
1928	in deductibles, and combinations of discounts, credits, rate
1929	differentials, or reductions in deductibles, for properties on
1930	which fixtures or construction techniques demonstrated to reduce
1931	the amount of loss in a windstorm can be or have been installed
1932	or implemented. The prescribed form shall describe generally
1933	what actions the policyholders may be able to take to reduce
1934	their windstorm premium. The prescribed form and a list of such
1935	ranges approved by the office for each insurer licensed in the
1936	state and providing such discounts, credits, other rate
1937	differentials, or reductions in deductibles for properties
1938	described in this subsection shall be available for electronic
1939	viewing and download from the Department of Financial Services'
1940	or the Office of Insurance Regulation's Internet website. The
1941	Financial Services Commission may adopt rules to implement this
1942	subsection.
1943	(2)(a)  By July 1, 2007, The Financial Services Commission
1944	shall develop by rule a uniform mitigation verification
1945	inspection form that shall be used by all insurers when
1946	submitted by policyholders for the purpose of factoring
1947	discounts for wind insurance. In developing the form, the
1948	commission shall seek input from insurance, construction, and
1949	building code representatives. Further, the commission shall
1950	provide guidance as to the length of time the inspection results
1951	are valid. An insurer shall accept as valid a uniform mitigation
1952	verification form certified by the Department of Financial
1953	Services or signed by the following authorized mitigation
1954	inspectors:
1955	1.(a)  A home inspector licensed under s. 468.8314 who has
1956	completed at least 3 hours of hurricane mitigation training
1957	which includes hurricane mitigation techniques and compliance
1958	with the uniform mitigation verification form and completion of
1959	a proficiency exam. Thereafter, home inspectors licensed under
1960	s. 468.8314, must complete at least 2 hours of continuing
1961	education, as part of the existing licensure renewal
1962	requirements each year, related to mitigation inspection and the
1963	uniform mitigation form hurricane mitigation inspector certified
1964	by the My Safe Florida Home program;
1965	2.(b)  A building code inspector certified under s.
1966	468.607;
1967	3.(c)  A general, building, or residential contractor
1968	licensed under s. 489.111;
1969	4.(d)  A professional engineer licensed under s. 471.015
1970	who has passed the appropriate equivalency test of the building
1971	code training program as required by s. 553.841;
1972	5.(e)  A professional architect licensed under s. 481.213;
1973	or
1974	6.(f)  Any other individual or entity recognized by the
1975	insurer as possessing the necessary qualifications to properly
1976	complete a uniform mitigation verification form.
1977	(b)  An insurer may, but is not required to, accept a form
1978	from any other person possessing qualifications and experience
1979	acceptable to the insurer.
1980	(3)  A person who is authorized to sign a mitigation
1981	verification form must inspect the structures referenced by the
1982	form personally, not through employees or other persons, and
1983	must certify or attest to personal inspection of the structures
1984	referenced by the form. However, licensees under s. 471.015 or
1985	s. 489.111 may authorize a direct employee, who is not an
1986	independent contractor, and who possesses the requisite skill,
1987	knowledge and experience to conduct a mitigation verification
1988	inspection. Insurers shall have the right to request and obtain
1989	information from the authorized mitigation inspector under s.
1990	471.015 or s. 489.111, regarding any authorized employee's
1991	qualifications prior to accepting a mitigation verification form
1992	performed by an employee that is not licensed under s. 471.015
1993	or s. 489.111.
1994	(4)  An authorized mitigation inspector that signs a
1995	uniform mitigation form, and a direct employee authorized to
1996	conduct mitigation verification inspections under paragraph (3),
1997	may not commit misconduct in performing hurricane mitigation
1998	inspections or in completing a uniform mitigation form that
1999	causes financial harm to a customer or their insurer; or that
2000	jeopardizes a customer's health and safety. Misconduct occurs
2001	when an authorized mitigation inspector signs a uniform
2002	mitigation verification form that:
2003	(a)  Falsely indicates that he or she personally inspected
2004	the structures referenced by the form;
2005	(b)  Falsely indicates the existence of a feature which
2006	entitles an insured to a mitigation discount which the inspector
2007	knows does not exist or did not personally inspect;
2008	(c)  Contains erroneous information due to the gross
2009	negligence of the inspector; or
2010	(d)  Contains a pattern of demonstrably false information
2011	regarding the existence of mitigation features that could give
2012	an insured a false evaluation of the ability of the structure to
2013	withstand major damage from a hurricane endangering the safety
2014	of the insured's life and property.
2015	(5)  The licensing board of an authorized mitigation
2016	inspector that violates subsection (4) may commence disciplinary
2017	proceedings and impose administrative fines and other sanctions
2018	authorized under the authorized mitigation inspector's licensing
2019	act. Authorized mitigation inspectors licensed under s. 471.015
2020	or s. 489.111 shall be directly liable for the acts of employees
2021	that violate subsection (4) as if the authorized mitigation
2022	inspector personally performed the inspection.
2023	(6)  An insurer, person, or other entity that obtains
2024	evidence of fraud or evidence that an authorized mitigation
2025	inspector or an employee authorized to conduct mitigation
2026	verification inspections under paragraph (3), has made false
2027	statements in the completion of a mitigation inspection form
2028	shall file a report with the Division of Insurance Fraud, along
2029	with all of the evidence in its possession that supports the
2030	allegation of fraud or falsity. An insurer, person, or other
2031	entity making the report shall be immune from liability in
2032	accordance with s. 626.989(4), for any statements made in the
2033	report, during the investigation, or in connection with the
2034	report. The Division of Insurance Fraud shall issue an
2035	investigative report if it finds that probable cause exists to
2036	believe that the authorized mitigation inspector, or an employee
2037	authorized to conduct mitigation verification inspections under
2038	paragraph (3), made intentionally false or fraudulent statements
2039	in the inspection form. Upon conclusion of the investigation and
2040	a finding of probable cause that a violation has occurred, the
2041	Division of Insurance Fraud shall send a copy of the
2042	investigative report to the office and a copy to the agency
2043	responsible for the professional licensure of the authorized
2044	mitigation inspector, whether or not a prosecutor takes action
2045	based upon the report.
2046	(7)(3)  An individual or entity who knowingly provides or
2047	utters a false or fraudulent mitigation verification form with
2048	the intent to obtain or receive a discount on an insurance
2049	premium to which the individual or entity is not entitled
2050	commits a misdemeanor of the first degree, punishable as
2051	provided in s. 775.082 or s. 775.083.
2052	(8)  At its expense, the insurer may require that any
2053	uniform mitigation verification form provided by an authorized
2054	mitigation inspector or inspection company be independently
2055	verified by an inspector, inspection company or an independent
2056	third-party quality assurance provider which does possess a
2057	quality assurance program prior to accepting the uniform
2058	mitigation verification form as valid.
2059	Section 46.  Subsections (7) through (28) of section
2060	633.021, Florida Statutes, are renumbered as subsections (8)
2061	through (29), respectively, a new subsection (7) is added to
2062	that section, and present subsection (20) of that section is
2063	amended, to read:
2064	633.021  Definitions.-As used in this chapter:
2065	(7)(a)  "Fire equipment dealer Class A" means a licensed
2066	fire equipment dealer whose business is limited to servicing,
2067	recharging, repairing, installing, or inspecting all types of
2068	fire extinguishers and conducting hydrostatic tests on all types
2069	of fire extinguishers.
2070	(b)  "Fire equipment dealer Class B" means a licensed fire
2071	equipment dealer whose business is limited to servicing,
2072	recharging, repairing, installing, or inspecting all types of
2073	fire extinguishers, including recharging carbon dioxide units
2074	and conducting hydrostatic tests on all types of fire
2075	extinguishers, except carbon dioxide units.
2076	(c)  "Fire equipment dealer Class C" means a licensed fire
2077	equipment dealer whose business is limited to servicing,
2078	recharging, repairing, installing, or inspecting all types of
2079	fire extinguishers, except recharging carbon dioxide units, and
2080	conducting hydrostatic tests on all types of fire extinguishers,
2081	except carbon dioxide units.
2082	(d)  "Fire equipment dealer Class D" means a licensed fire
2083	equipment dealer whose business is limited to servicing,
2084	recharging, repairing, installing, hydrotesting, or inspecting
2085	of all types of preengineered fire extinguishing systems.
2086	(21)(a)(20)  A "preengineered system" is a fire suppression
2087	system which:
2088	1.(a)  Uses any of a variety of extinguishing agents.
2089	2.(b)  Is designed to protect specific hazards.
2090	3.(c)  Must be installed according to pretested limitations
2091	and configurations specified by the manufacturer and applicable
2092	National Fire Protection Association (NFPA) standards. Only
2093	those chapters within the National Fire Protection Association
2094	standards that pertain to servicing, recharging, repairing,
2095	installing, hydrotesting, or inspecting any type of
2096	preengineered fire extinguishing system may be used.
2097	4.(d)  Must be installed using components specified by the
2098	manufacturer or components that are listed as equal parts by a
2099	nationally recognized testing laboratory such as Underwriters
2100	Laboratories, Inc., or Factory Mutual Laboratories, Inc.
2101	5.(e)  Must be listed by a nationally recognized testing
2102	laboratory.
2103	(b)  Preengineered systems consist of and include all of
2104	the components and parts providing fire suppression protection,
2105	but do not include the equipment being protected, and may
2106	incorporate special nozzles, flow rates, methods of application,
2107	pressurization levels, and quantities of agents designed by the
2108	manufacturer for specific hazards.
2109	Section 47.  Paragraph (b) of subsection (3) of section
2110	633.0215, Florida Statutes, is amended, and subsections (13) and
2111	(14) are added to that section, to read:
2112	633.0215  Florida Fire Prevention Code.-
2113	(3)  No later than 180 days before the triennial adoption
2114	of the Florida Fire Prevention Code, the State Fire Marshal
2115	shall notify each municipal, county, and special district fire
2116	department of the triennial code adoption and steps necessary
2117	for local amendments to be included within the code. No later
2118	than 120 days before the triennial adoption of the Florida Fire
2119	Prevention Code, each local jurisdiction shall provide the State
2120	Fire Marshal with copies of its local fire code amendments. The
2121	State Fire Marshal has the option to process local fire code
2122	amendments that are received less than 120 days before the
2123	adoption date of the Florida Fire Prevention Code.
2124	(b)  Any local amendment to the Florida Fire Prevention
2125	Code adopted by a local government shall be effective only until
2126	the adoption of the new edition of the Florida Fire Prevention
2127	Code, which shall be every third year. At such time, the State
2128	Fire Marshal shall adopt such amendment as part of the Florida
2129	Fire Prevention Code or rescind the amendment. The State Fire
2130	Marshal shall immediately notify the respective local government
2131	of the rescission of the amendment and the reason for the
2132	rescission. After receiving such notice, the respective local
2133	government may readopt the rescinded amendment. Incorporation of
2134	local amendments as regional and local concerns and variations
2135	shall be considered as adoption of an amendment pursuant to this
2136	section part.
2137	(13)(a)  The State Fire Marshal shall issue an expedited
2138	declaratory statement relating to interpretations of provisions
2139	of the Florida Fire Prevention Code according to the following
2140	guidelines:
2141	1.  The declaratory statement shall be rendered in
2142	accordance with s. 120.565, except that a final decision must be
2143	issued by the State Fire Marshal within 45 days after the
2144	division's receipt of a petition seeking an expedited
2145	declaratory statement. The State Fire Marshal shall give notice
2146	of the petition and the expedited declaratory statement or the
2147	denial of the petition in the next available issue of the
2148	Florida Administrative Weekly after the petition is filed and
2149	after the statement or denial is rendered.
2150	2.  The petitioner must be the owner of the disputed
2151	project or the owner's representative.
2152	3.  The petition for an expedited declaratory statement
2153	must be:
2154	a.  Related to an active project that is under construction
2155	or must have been submitted for a permit.
2156	b.  The subject of a written notice citing a specific
2157	provision of the Florida Fire Prevention Code which is in
2158	dispute.
2159	c.  Limited to a single question that is capable of being
2160	answered with a "yes" or "no" response.
2161	(b)  A petition for a declaratory statement which does not
2162	meet all of the requirements of this subsection must be denied
2163	without prejudice. This subsection does not affect the right of
2164	the petitioner as a substantially affected person to seek a
2165	declaratory statement under s. 633.01(6).
2166	(14)  A condominium that is one or two stories in height
2167	and has an exterior corridor providing a means of egress is
2168	exempt from installing a manual fire alarm system as required in
2169	s. 9.6 of the most recent edition of the Life Safety Code
2170	adopted in the Florida Fire Prevention Code.
2171	Section 48.  Subsections (2) and (10) of section 633.0245,
2172	Florida Statutes, are amended to read:
2173	633.0245  State Fire Marshal Nursing Home Fire Protection
2174	Loan Guarantee Program.-
2175	(2)  The State Fire Marshal may enter into limited loan
2176	guarantee agreements with one or more financial institutions
2177	qualified as public depositories in this state. Such agreements
2178	shall provide a limited guarantee by the State of Florida
2179	covering no more than 50 percent of the principal sum loaned by
2180	such financial institution to an eligible nursing home, as
2181	defined in subsection (10), for the sole purpose of the initial
2182	installation at such nursing home of a fire protection system,
2183	as defined in s. 633.021(10)(9), approved by the State Fire
2184	Marshal as being in compliance with the provisions of s. 633.022
2185	and rules adopted thereunder.
2186	(10)  For purposes of this section, "eligible nursing home"
2187	means a nursing home facility that provides nursing services as
2188	defined in chapter 464, is licensed under part II of chapter
2189	400, and is certified by the Agency for Health Care
2190	Administration to lack an installed fire protection system as
2191	defined in s. 633.021(10)(9).
2192	Section 49.  Subsection (11) is added to section 633.025,
2193	Florida Statutes, to read:
2194	633.025  Minimum firesafety standards.-
2195	(11)  Notwithstanding subsection (9), a property owner
2196	shall not be required to install fire sprinklers in any
2197	residential property based upon the use of such property as a
2198	rental property or any change in or reclassification of the
2199	property's primary use to a rental property.
2200	Section 50.  Section 633.026, Florida Statutes, is amended
2201	to read:
2202	633.026  Legislative intent; informal interpretations of
2203	the Florida Fire Prevention Code.-It is the intent of the
2204	Legislature that the Florida Fire Prevention Code be interpreted
2205	by fire officials and local enforcement agencies in a manner
2206	that reasonably and cost-effectively protects the public safety,
2207	health, and welfare, ensures uniform interpretations throughout
2208	this state, and provides just and expeditious processes for
2209	resolving disputes regarding such interpretations. It is the
2210	further intent of the Legislature that such processes provide
2211	for the expeditious resolution of the issues presented and that
2212	the resulting interpretation of such issues be published on the
2213	website of the Division of State Fire Marshal.
2214	(1)  The Division of State Fire Marshal shall by rule
2215	establish an informal process of rendering nonbinding
2216	interpretations of the Florida Fire Prevention Code. The
2217	Division of State Fire Marshal may contract with and refer
2218	interpretive issues to a third party, selected based upon cost
2219	effectiveness, quality of services to be performed, and other
2220	performance-based criteria, which nonprofit organization that
2221	has experience in interpreting and enforcing the Florida Fire
2222	Prevention Code. The Division of State Fire Marshal shall
2223	immediately implement the process prior to the completion of
2224	formal rulemaking. It is the intent of the Legislature that the
2225	Division of State Fire Marshal establish create a Fire Code
2226	Interpretation Committee composed of seven persons and seven
2227	alternates, equally representing each area of the state process
2228	to refer questions to a small group of individuals certified
2229	under s. 633.081(2), to which a party can pose questions
2230	regarding the interpretation of the Florida Fire Prevention Code
2231	provisions.
2232	(2)  Each member and alternate member of the Fire Code
2233	Interpretation Committee must be certified as a firesafety
2234	inspector pursuant to s. 633.081(2) and must have a minimum of 5
2235	years of experience interpreting and enforcing the Florida Fire
2236	Prevention Code and the Life Safety Code. Each member and
2237	alternate member must be approved by the Division of State Fire
2238	Marshal and deemed by the division to have met these
2239	requirements for at least 30 days before participating in a
2240	review of a nonbinding interpretation. It is the intent of the
2241	Legislature that the process provide for the expeditious
2242	resolution of the issues presented and publication of the
2243	resulting interpretation on the website of the Division of State
2244	Fire Marshal. It is the intent of the Legislature that this
2245	program be similar to the program established by the Florida
2246	Building Commission in s. 553.775(3)(g).
2247	(3)  Each nonbinding interpretation of code provisions must
2248	be provided within 10 business days after receipt of a request
2249	for interpretation. The response period established in this
2250	subsection may be waived only with the written consent of the
2251	party requesting the nonbinding interpretation and the Division
2252	of State Fire Marshal. Nonbinding Such interpretations shall be
2253	advisory only and nonbinding on the parties or the State Fire
2254	Marshal.
2255	(4)  In order to administer this section, the Division of
2256	State Fire Marshal shall charge department may adopt by rule and
2257	impose a fee for nonbinding interpretations, with payment made
2258	directly to the third party. The fee may not exceed $150 for
2259	each request for a review or interpretation. The division may
2260	authorize payment of fees directly to the nonprofit organization
2261	under contract pursuant to subsection (1).
2262	(5)  A party requesting a nonbinding interpretation who
2263	disagrees with the interpretation issued under this section may
2264	apply for a formal interpretation from the State Fire Marshal
2265	pursuant to s. 633.01(6).
2266	(6)  The Division of State Fire Marshal shall issue or
2267	cause to be issued a nonbinding interpretation of the Florida
2268	Fire Prevention Code pursuant to this section when requested to
2269	do so upon submission of a petition by a fire official or by the
2270	owner or owner's representative or the contractor or
2271	contractor's representative of a project in dispute. The
2272	division shall adopt a petition form by rule and the petition
2273	form must be published on the State Fire Marshal's website. The
2274	form shall, at a minimum, require:
2275	(a)  The name and address of the local fire official,
2276	including the address of the county, municipality, or special
2277	district.
2278	(b)  The name and address of the owner or owner's
2279	representative or the contractor or contractor's representative.
2280	(c)  A statement of the specific sections of the Florida
2281	Fire Prevention Code being interpreted by the local fire
2282	official.
2283	(d)  An explanation of how the petitioner's substantial
2284	interests are being affected by the local interpretation of the
2285	Florida Fire Prevention Code.
2286	(e)  A statement of the interpretation of the specific
2287	sections of the Florida Fire Prevention Code by the local fire
2288	official.
2289	(f)  A statement of the interpretation that the petitioner
2290	contends should be given to the specific sections of the Florida
2291	Fire Prevention Code and a statement supporting the petitioner's
2292	interpretation.
2293	(7)  Upon receipt of a petition that meets the requirements
2294	of subsection (6), the Division of State Fire Marshal shall
2295	immediately provide copies of the petition to the Fire Code
2296	Interpretation Committee, and shall publish the petition and any
2297	response submitted by the local fire official on the State Fire
2298	Marshal's website.
2299	(8)  The committee shall conduct proceedings as necessary
2300	to resolve the issues and give due regard to the petition, the
2301	facts of the matter at issue, specific code sections cited, and
2302	any statutory implications affecting the Florida Fire Prevention
2303	Code. The committee shall issue an interpretation regarding the
2304	provisions of the Florida Fire Prevention Code within 10 days
2305	after the filing of a petition. The committee shall issue an
2306	interpretation based upon the Florida Fire Prevention Code or,
2307	if the code is ambiguous, the intent of the code. The
2308	committee's interpretation shall be provided to the petitioner
2309	and shall include a notice that if the petitioner disagrees with
2310	the interpretation, the petitioner may file a request for formal
2311	interpretation by the State Fire Marshal under s. 633.01(6). The
2312	committee's interpretation shall be provided to the State Fire
2313	Marshal, and the division shall publish the interpretation on
2314	the State Fire Marshal's website and in the Florida
2315	Administrative Weekly.
2316	Section 51.  Subsections (2) through (10) of section
2317	633.061, Florida Statutes, are renumbered as subsections (3)
2318	through (11), respectively, a new subsection (2) is added to
2319	that section, and paragraphs (a) and (c) of present subsection
2320	(3) of that section are amended, to read:
2321	633.061  Fire suppression equipment; license to install or
2322	maintain.-
2323	(2)  A person who holds a valid fire equipment dealer
2324	license may maintain such license in an inactive status during
2325	which time he or she may not engage in any work under the
2326	definition of the license held. An inactive status license shall
2327	be void after 2 years or at the time that the license is
2328	renewed, whichever comes first. The biennial renewal fee for an
2329	inactive status license shall be $75. An inactive status license
2330	may not be reactivated unless the continuing education
2331	requirements of this chapter have been fulfilled.
2332	(4)(3)(a)  Such licenses and permits shall be issued by the
2333	State Fire Marshal for 2 years beginning January 1, 2000, and
2334	each 2-year period thereafter and expiring December 31 of the
2335	second year. All licenses or permits issued will expire on
2336	December 31 of each odd-numbered year. The failure to renew a
2337	license or permit by December 31 of the second year will cause
2338	the license or permit to become inoperative. The holder of an
2339	inoperative license or permit shall not engage in any activities
2340	for which a license or permit is required by this section. A
2341	license or permit which is inoperative because of the failure to
2342	renew it shall be restored upon payment of the applicable fee
2343	plus a penalty equal to the applicable fee, if the application
2344	for renewal is filed no later than the following March 31. If
2345	the application for restoration is not made before the March
2346	31st deadline, the fee for restoration shall be equal to the
2347	original application fee and the penalty provided for herein,
2348	and, in addition, the State Fire Marshal shall require
2349	reexamination of the applicant. The fee for a license or permit
2350	issued for 1 year or less shall be prorated at 50 percent of the
2351	applicable fee for a biennial license or permit. After initial
2352	licensure, each licensee or permittee must shall successfully
2353	complete a course or courses of continuing education for fire
2354	equipment technicians of at least 16 32 hours. A license or
2355	permit may not be renewed unless the licensee or permittee
2356	produces documentation of the completion of at least 16 hours of
2357	continuing education for fire equipment technicians during the
2358	biennial licensure period within 4 years of initial issuance of
2359	a license or permit and within each 4-year period thereafter or
2360	no such license or permit shall be renewed. A person who is both
2361	a licensee and a permittee shall be required to complete 16 32
2362	hours of continuing education during each renewal per 4-year
2363	period. Each licensee shall ensure that all permittees in his or
2364	her employment meet their continuing education requirements. The
2365	State Fire Marshal shall adopt rules describing the continuing
2366	education requirements and shall have the authority upon
2367	reasonable belief, to audit a fire equipment dealer to determine
2368	compliance with continuing education requirements.
2369	(c)  A license of any class shall not be issued or renewed
2370	by the State Fire Marshal and a license of any class shall not
2371	remain operative unless:
2372	1.  The applicant has submitted to the State Fire Marshal
2373	evidence of registration as a Florida corporation or evidence of
2374	compliance with s. 865.09.
2375	2.  The State Fire Marshal or his or her designee has by
2376	inspection determined that the applicant possesses the equipment
2377	required for the class of license sought. The State Fire Marshal
2378	shall give an applicant a reasonable opportunity to correct any
2379	deficiencies discovered by inspection. A fee of $50, payable to
2380	the State Fire Marshal, shall be required for any subsequent
2381	reinspection.
2382	3.  The applicant has submitted to the State Fire Marshal
2383	proof of insurance providing coverage for comprehensive general
2384	liability for bodily injury and property damage, products
2385	liability, completed operations, and contractual liability. The
2386	State Fire Marshal shall adopt rules providing for the amounts
2387	of such coverage, but such amounts shall not be less than
2388	$300,000 for Class A or Class D licenses, $200,000 for Class B
2389	licenses, and $100,000 for Class C licenses; and the total
2390	coverage for any class of license held in conjunction with a
2391	Class D license shall not be less than $300,000. The State Fire
2392	Marshal may, at any time after the issuance of a license or its
2393	renewal, require upon demand, and in no event more than 30 days
2394	after notice of such demand, the licensee to provide proof of
2395	insurance, on a form provided by the State Fire Marshal,
2396	containing confirmation of insurance coverage as required by
2397	this chapter. Failure, for any length of time, to provide proof
2398	of insurance coverage as required shall result in the immediate
2399	suspension of the license until proof of proper insurance is
2400	provided to the State Fire Marshal. An insurer which provides
2401	such coverage shall notify the State Fire Marshal of any change
2402	in coverage or of any termination, cancellation, or nonrenewal
2403	of any coverage.
2404	4.  The applicant applies to the State Fire Marshal,
2405	provides proof of experience, and successfully completes a
2406	prescribed training course offered by the State Fire College or
2407	an equivalent course approved by the State Fire Marshal. This
2408	subparagraph does not apply to any holder of or applicant for a
2409	permit under paragraph (f) or to a business organization or a
2410	governmental entity seeking initial licensure or renewal of an
2411	existing license solely for the purpose of inspecting,
2412	servicing, repairing, marking, recharging, and maintaining fire
2413	extinguishers used and located on the premises of and owned by
2414	such organization or entity.
2415	5.  The applicant has a current retestor identification
2416	number that is appropriate for the license for which the
2417	applicant is applying and that is listed with the United States
2418	Department of Transportation.
2419	6.  The applicant has passed, with a grade of at least 70
2420	percent, a written examination testing his or her knowledge of
2421	the rules and statutes regulating the activities authorized by
2422	the license and demonstrating his or her knowledge and ability
2423	to perform those tasks in a competent, lawful, and safe manner.
2424	Such examination shall be developed and administered by the
2425	State Fire Marshal, or his or her designee in accordance with
2426	policies and procedures of the State Fire Marshal. An applicant
2427	shall pay a nonrefundable examination fee of $50 for each
2428	examination or reexamination scheduled. No reexamination shall
2429	be scheduled sooner than 30 days after any administration of an
2430	examination to an applicant. No applicant shall be permitted to
2431	take an examination for any level of license more than a total
2432	of four times during 1 year, regardless of the number of
2433	applications submitted. As a prerequisite to licensure of the
2434	applicant:
2435	a.  Must be at least 18 years of age.
2436	b.  Must have 4 years of proven experience as a fire
2437	equipment permittee at a level equal to or greater than the
2438	level of license applied for or have a combination of education
2439	and experience determined to be equivalent thereto by the State
2440	Fire Marshal. Having held a permit at the appropriate level for
2441	the required period constitutes the required experience.
2442	c.  Must not have been convicted of, or pled nolo
2443	contendere to, any felony. If an applicant has been convicted of
2444	any such felony, the applicant must comply with s.
2445	112.011(1)(b).
2446
2447	This subparagraph does not apply to any holder of or applicant
2448	for a permit under paragraph (f) or to a business organization
2449	or a governmental entity seeking initial licensure or renewal of
2450	an existing license solely for the purpose of inspecting,
2451	servicing, repairing, marking, recharging, hydrotesting, and
2452	maintaining fire extinguishers used and located on the premises
2453	of and owned by such organization or entity.
2454	Section 52.  Section 633.081, Florida Statutes, is amended
2455	to read:
2456	633.081  Inspection of buildings and equipment; orders;
2457	firesafety inspection training requirements; certification;
2458	disciplinary action.-The State Fire Marshal and her or his
2459	agents shall, at any reasonable hour, when the State Fire
2460	Marshal department has reasonable cause to believe that a
2461	violation of this chapter or s. 509.215, or a rule promulgated
2462	thereunder, or a minimum firesafety code adopted by a local
2463	authority, may exist, inspect any and all buildings and
2464	structures which are subject to the requirements of this chapter
2465	or s. 509.215 and rules promulgated thereunder. The authority to
2466	inspect shall extend to all equipment, vehicles, and chemicals
2467	which are located within the premises of any such building or
2468	structure.
2469	(1)  Each county, municipality, and special district that
2470	has firesafety enforcement responsibilities shall employ or
2471	contract with a firesafety inspector. Except as provided in s.
2472	633.082(2), the firesafety inspector must conduct all firesafety
2473	inspections that are required by law. The governing body of a
2474	county, municipality, or special district that has firesafety
2475	enforcement responsibilities may provide a schedule of fees to
2476	pay only the costs of inspections conducted pursuant to this
2477	subsection and related administrative expenses. Two or more
2478	counties, municipalities, or special districts that have
2479	firesafety enforcement responsibilities may jointly employ or
2480	contract with a firesafety inspector.
2481	(2)  Except as provided in s. 633.082(2), every firesafety
2482	inspection conducted pursuant to state or local firesafety
2483	requirements shall be by a person certified as having met the
2484	inspection training requirements set by the State Fire Marshal.
2485	Such person shall:
2486	(a)  Be a high school graduate or the equivalent as
2487	determined by the department;
2488	(b)  Not have been found guilty of, or having pleaded
2489	guilty or nolo contendere to, a felony or a crime punishable by
2490	imprisonment of 1 year or more under the law of the United
2491	States, or of any state thereof, which involves moral turpitude,
2492	without regard to whether a judgment of conviction has been
2493	entered by the court having jurisdiction of such cases;
2494	(c)  Have her or his fingerprints on file with the
2495	department or with an agency designated by the department;
2496	(d)  Have good moral character as determined by the
2497	department;
2498	(e)  Be at least 18 years of age;
2499	(f)  Have satisfactorily completed the firesafety inspector
2500	certification examination as prescribed by the department; and
2501	(g)1.  Have satisfactorily completed, as determined by the
2502	department, a firesafety inspector training program of not less
2503	than 200 hours established by the department and administered by
2504	agencies and institutions approved by the department for the
2505	purpose of providing basic certification training for firesafety
2506	inspectors; or
2507	2.  Have received in another state training which is
2508	determined by the department to be at least equivalent to that
2509	required by the department for approved firesafety inspector
2510	education and training programs in this state.
2511	(3)  Each special state firesafety inspection which is
2512	required by law and is conducted by or on behalf of an agency of
2513	the state must be performed by an individual who has met the
2514	provision of subsection (2), except that the duration of the
2515	training program shall not exceed 120 hours of specific training
2516	for the type of property that such special state firesafety
2517	inspectors are assigned to inspect.
2518	(4)  A firefighter certified pursuant to s. 633.35 may
2519	conduct firesafety inspections, under the supervision of a
2520	certified firesafety inspector, while on duty as a member of a
2521	fire department company conducting inservice firesafety
2522	inspections without being certified as a firesafety inspector,
2523	if such firefighter has satisfactorily completed an inservice
2524	fire department company inspector training program of at least
2525	24 hours' duration as provided by rule of the department.
2526	(5)  Every firesafety inspector or special state firesafety
2527	inspector certificate is valid for a period of 3 years from the
2528	date of issuance. Renewal of certification shall be subject to
2529	the affected person's completing proper application for renewal
2530	and meeting all of the requirements for renewal as established
2531	under this chapter or by rule promulgated thereunder, which
2532	shall include completion of at least 40 hours during the
2533	preceding 3-year period of continuing education as required by
2534	the rule of the department or, in lieu thereof, successful
2535	passage of an examination as established by the department.
2536	(6)  The State Fire Marshal may deny, refuse to renew,
2537	suspend, or revoke the certificate of a firesafety inspector or
2538	special state firesafety inspector if it finds that any of the
2539	following grounds exist:
2540	(a)  Any cause for which issuance of a certificate could
2541	have been refused had it then existed and been known to the
2542	State Fire Marshal.
2543	(b)  Violation of this chapter or any rule or order of the
2544	State Fire Marshal.
2545	(c)  Falsification of records relating to the certificate.
2546	(d)  Having been found guilty of or having pleaded guilty
2547	or nolo contendere to a felony, whether or not a judgment of
2548	conviction has been entered.
2549	(e)  Failure to meet any of the renewal requirements.
2550	(f)  Having been convicted of a crime in any jurisdiction
2551	which directly relates to the practice of fire code inspection,
2552	plan review, or administration.
2553	(g)  Making or filing a report or record that the
2554	certificateholder knows to be false, or knowingly inducing
2555	another to file a false report or record, or knowingly failing
2556	to file a report or record required by state or local law, or
2557	knowingly impeding or obstructing such filing, or knowingly
2558	inducing another person to impede or obstruct such filing.
2559	(h)  Failing to properly enforce applicable fire codes or
2560	permit requirements within this state which the
2561	certificateholder knows are applicable by committing willful
2562	misconduct, gross negligence, gross misconduct, repeated
2563	negligence, or negligence resulting in a significant danger to
2564	life or property.
2565	(i)  Accepting labor, services, or materials at no charge
2566	or at a noncompetitive rate from any person who performs work
2567	that is under the enforcement authority of the certificateholder
2568	and who is not an immediate family member of the
2569	certificateholder. For the purpose of this paragraph, the term
2570	"immediate family member" means a spouse, child, parent,
2571	sibling, grandparent, aunt, uncle, or first cousin of the person
2572	or the person's spouse or any person who resides in the primary
2573	residence of the certificateholder.
2574	(7)  The Division of State Fire Marshal and the Florida
2575	Building Code Administrators and Inspectors Board, established
2576	pursuant to under s. 468.605, shall enter into a reciprocity
2577	agreement to facilitate joint recognition of continuing
2578	education recertification hours for certificateholders licensed
2579	under s. 468.609 and firesafety inspectors certified under
2580	subsection (2).
2581	(8)  The State Fire Marshal shall develop by rule an
2582	advanced training and certification program for firesafety
2583	inspectors having fire code management responsibilities. The
2584	program must be consistent with the appropriate provisions of
2585	NFPA 1037, or similar standards adopted by the division, and
2586	establish minimum training, education, and experience levels for
2587	firesafety inspectors having fire code management
2588	responsibilities.
2589	(9)(7)  The department shall provide by rule for the
2590	certification of firesafety inspectors.
2591	Section 53.  Subsections (2) and (3) of section 633.082,
2592	Florida Statutes, are amended to read:
2593	633.082  Inspection of fire control systems, fire hydrants,
2594	and fire protection systems.-
2595	(2)  Fire hydrants and fire protection systems installed in
2596	public and private properties, except one-family or two-family
2597	dwellings, in this state shall be inspected following procedures
2598	established in the nationally recognized inspection, testing,
2599	and maintenance standards publications NFPA-24 and NFPA-25 as
2600	set forth in the edition adopted by the State Fire Marshal.
2601	Quarterly, annual, 3-year, and 5-year inspections consistent
2602	with the contractual provisions with the owner shall be
2603	conducted by the certificateholder or permittees employed by the
2604	certificateholder pursuant to s. 633.521, except that:
2605	(a)  Public fire hydrants owned by a governmental entity
2606	shall be inspected following procedures established in the
2607	inspection, testing, and maintenance standards adopted by the
2608	State Fire Marshal or equivalent standards such as those
2609	contained in the latest edition of the American Water Works
2610	Association's Manual M17, "Installation, Field Testing, and
2611	Maintenance of Fire Hydrants."
2612	(b)  County, municipal, and special district utilities may
2613	perform fire hydrant inspections required by this section using
2614	designated employees. Such designated employees need not be
2615	certified under this chapter. However, counties, municipalities,
2616	or special districts that use designated employees are
2617	responsible for ensuring that the designated employees are
2618	qualified to perform such inspections.
2619	(3)  The inspecting contractor shall provide to the
2620	building owner or hydrant owner and the local authority having
2621	jurisdiction a copy of the applicable inspection report
2622	established under this chapter. The maintenance of fire hydrant
2623	and fire protection systems as well as corrective actions on
2624	deficient systems is the responsibility of the owner of the
2625	system or hydrant. Equipment requiring periodic testing or
2626	operation to ensure its maintenance shall be tested or operated
2627	as specified in the Fire Prevention Code, Life Safety Code,
2628	National Fire Protection Association standards, or as directed
2629	by the agency having jurisdiction, provided that such agency
2630	shall not require a sprinkler system not required by the Fire
2631	Prevention Code, Life Safety Code or National Fire Protection
2632	Association Standards to be removed regardless of its condition.
2633	This section does not prohibit governmental entities from
2634	inspecting and enforcing firesafety codes.
2635	Section 54.  Section 633.352, Florida Statutes, is amended
2636	to read:
2637	633.352  Retention of firefighter certification.-Any
2638	certified firefighter who has not been active as a firefighter,
2639	or as a volunteer firefighter with an organized fire department,
2640	for a period of 3 years shall be required to retake the
2641	practical portion of the minimum standards state examination
2642	specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
2643	Administrative Code, in order to maintain her or his
2644	certification as a firefighter; however, this requirement does
2645	not apply to state-certified firefighters who are certified and
2646	employed as full-time firesafety inspectors or firesafety
2647	instructors, regardless of the firefighter's employment status
2648	as determined by the division. The 3-year period begins on the
2649	date the certificate of compliance is issued or upon termination
2650	of service with an organized fire department.
2651	Section 55.  Paragraph (e) of subsection (2) and
2652	subsections (3), (10), and (11) of section 633.521, Florida
2653	Statutes, are amended to read:
2654	633.521  Certificate application and issuance; permit
2655	issuance; examination and investigation of applicant.-
2656	(2)
2657	(e)  An applicant may not be examined more than four times
2658	during 1 year for certification as a contractor pursuant to this
2659	section unless the person is or has been certified and is taking
2660	the examination to change classifications. If an applicant does
2661	not pass one or more parts of the examination, she or he may
2662	take any part of the examination three more times during the 1-
2663	year period beginning upon the date she or he originally filed
2664	an application to take the examination. If the applicant does
2665	not pass the examination within that 1-year period, she or he
2666	must file a new application and pay the application and
2667	examination fees in order to take the examination or a part of
2668	the examination again. However, the applicant may not file a new
2669	application sooner than 6 months after the date of her or his
2670	last examination. An applicant who passes the examination but
2671	does not meet the remaining qualifications as provided in
2672	applicable statutes and rules within 1 year after the
2673	application date must file a new application, pay the
2674	application and examination fee, successfully complete a
2675	prescribed training course approved by the State Fire College or
2676	an equivalent course approved by the State Fire Marshal, and
2677	retake and pass the written examination.
2678	(3)(a)  As a prerequisite to taking the examination for
2679	certification as a Contractor I, Contractor II, or Contractor
2680	III, the applicant must be at least 18 years of age, be of good
2681	moral character, and shall possess 4 years' proven experience in
2682	the employment of a fire protection system Contractor I,
2683	Contractor II, or Contractor III or a combination of equivalent
2684	education and experience in both water-based and chemical fire
2685	suppression systems.
2686	(b)  As a prerequisite to taking the examination for
2687	certification as a Contractor II, the applicant must be at least
2688	18 years of age, be of good moral character, and have 4 years of
2689	verifiable employment experience with a fire protection system
2690	as a Contractor I or Contractor II, or a combination of
2691	equivalent education and experience in water-based fire
2692	suppression systems.
2693	(c)  Required education and experience for certification as
2694	a Contractor I, Contractor II, Contractor III, or Contractor IV
2695	includes training and experience in both installation and system
2696	layout as defined in s. 633.021.
2697	(d)  As a prerequisite to taking the examination for
2698	certification as a Contractor III, the applicant must be at
2699	least 18 years of age, be of good moral character, and have 4
2700	years of verifiable employment experience with a fire protection
2701	system as a Contractor I or Contractor II, or a combination of
2702	equivalent education and experience in chemical fire suppression
2703	systems.
2704	(e)  As a prerequisite to taking the examination for
2705	certification as a Contractor IV, the applicant must shall be at
2706	least 18 years old, be of good moral character, be licensed as a
2707	certified plumbing contractor under chapter 489, and
2708	successfully complete a training program acceptable to the State
2709	Fire Marshal of not less than 40 contact hours regarding the
2710	applicable installation standard used by the Contractor IV as
2711	described in NFPA 13D. The State Fire Marshal may adopt rules to
2712	administer this subsection have at least 2 years' proven
2713	experience in the employment of a fire protection system
2714	Contractor I, Contractor II, Contractor III, or Contractor IV or
2715	combination of equivalent education and experience which
2716	combination need not include experience in the employment of a
2717	fire protection system contractor.
2718	(f)  As a prerequisite to taking the examination for
2719	certification as a Contractor V, the applicant must shall be at
2720	least 18 years old, be of good moral character, and have been
2721	licensed as a certified underground utility and excavation
2722	contractor or certified plumbing contractor pursuant to chapter
2723	489, have verification by an individual who is licensed as a
2724	certified utility contractor or certified plumbing contractor
2725	pursuant to chapter 489 that the applicant has 4 years' proven
2726	experience in the employ of a certified underground utility and
2727	excavation contractor or certified plumbing contractor, or have
2728	a combination of education and experience equivalent to 4 years'
2729	proven experience in the employ of a certified underground
2730	utility and excavation contractor or certified plumbing
2731	contractor.
2732	(g)  Within 30 days after the date of the examination, the
2733	State Fire Marshal shall inform the applicant in writing whether
2734	she or he has qualified or not and, if the applicant has
2735	qualified, that she or he is ready to issue a certificate of
2736	competency, subject to compliance with the requirements of
2737	subsection (4).
2738	(10)  Effective July 1, 2008, The State Fire Marshal shall
2739	require the National Institute of Certification in Engineering
2740	Technologies (NICET), Sub-field of Inspection and Testing of
2741	Fire Protection Systems Level II or equivalent training and
2742	education as determined by the division as proof that the
2743	permitholders are knowledgeable about nationally accepted
2744	standards for the inspection of fire protection systems. It is
2745	the intent of this act, from July 1, 2005, until July 1, 2008,
2746	to accept continuing education of all certificateholders'
2747	employees who perform inspection functions which specifically
2748	prepares the permitholder to qualify for NICET II certification.
2749	(11)  It is intended that a certificateholder, or a
2750	permitholder who is employed by a certificateholder, conduct
2751	inspections required by this chapter. It is understood that
2752	after July 1, 2008, employee turnover may result in a depletion
2753	of personnel who are certified under the NICET Sub-field of
2754	Inspection and Testing of Fire Protection Systems Level II or
2755	equivalent training and education as required by the Division of
2756	State Fire Marshal which is required for permitholders. The
2757	extensive training and experience necessary to achieve NICET
2758	Level II certification is recognized. A certificateholder may
2759	therefore obtain a provisional permit with an endorsement for
2760	inspection, testing, and maintenance of water-based fire
2761	extinguishing systems for an employee if the employee has
2762	initiated procedures for obtaining Level II certification from
2763	the National Institute for Certification in Engineering
2764	Technologies Sub-field of Inspection and Testing of Fire
2765	Protection Systems and achieved Level I certification or an
2766	equivalent level as determined by the State Fire Marshal through
2767	verification of experience, training, and examination. The State
2768	Fire Marshal may establish rules to administer this subsection.
2769	After 2 years of provisional certification, the employee must
2770	have achieved NICET Level II certification or obtain equivalent
2771	training and education as determined by the division, or cease
2772	performing inspections requiring Level II certification. The
2773	provisional permit is valid only for the 2 calendar years after
2774	the date of issuance, may not be extended, and is not renewable.
2775	After the initial 2-year provisional permit expires, the
2776	certificateholder must wait 2 additional years before a new
2777	provisional permit may be issued. The intent is to prohibit the
2778	certificateholder from using employees who never reach NICET
2779	Level II status, or equivalent training and education as
2780	determined by the division, by continuously obtaining
2781	provisional permits.
2782	Section 56.  Subsection (3) is added to section 633.524,
2783	Florida Statutes, to read:
2784	633.524  Certificate and permit fees; use and deposit of
2785	collected funds.-
2786	(3)  The State Fire Marshal may enter into a contract with
2787	any qualified public entity or private company in accordance
2788	with chapter 287 to provide examinations for any applicant for
2789	any examination administered under the jurisdiction of the State
2790	Fire Marshal. The State Fire Marshal may direct payments from
2791	each applicant for each examination directly to such contracted
2792	entity or company.
2793	Section 57.  Subsection (4) of section 633.537, Florida
2794	Statutes, is amended to read:
2795	633.537  Certificate; expiration; renewal; inactive
2796	certificate; continuing education.-
2797	(4)  The renewal period for the permit class is the same as
2798	that for the employing certificateholder. The continuing
2799	education requirements for permitholders are what is required to
2800	maintain NICET Sub-field of Inspection and Testing of Fire
2801	Protection Systems Level II, equivalent training and education
2802	as determined by the division, or higher certification plus 8
2803	contact hours of continuing education approved by the State Fire
2804	Marshal during each biennial renewal period thereafter. The
2805	continuing education curriculum from July 1, 2005, until July 1,
2806	2008, shall be the preparatory curriculum for NICET II
2807	certification; after July 1, 2008, the technical curriculum is
2808	at the discretion of the State Fire Marshal and may be used to
2809	meet the maintenance of NICET Level II certification and 8
2810	contact hours of continuing education requirements. It is the
2811	responsibility of the permitholder to maintain NICET II
2812	certification or equivalent training and education as determined
2813	by the division as a condition of permit renewal after July 1,
2814	2008.
2815	Section 58.  Subsection (4) of section 633.72, Florida
2816	Statutes, is amended to read:
2817	633.72  Florida Fire Code Advisory Council.-
2818	(4)  Each appointee shall serve a 4-year term. No member
2819	shall serve more than two consecutive terms one term. No member
2820	of the council shall be paid a salary as such member, but each
2821	shall receive travel and expense reimbursement as provided in s.
2822	112.061.
2823	Section 59.  Subsection (6) of section 718.113, Florida
2824	Statutes, is repealed.
2825	Section 60.  The Florida Building Commission shall revise
2826	the Florida Building Code in order to make it consistent with
2827	the revisions made by this act to s. 399.02, Florida Statutes.
2828	Section 61.  (1)  The Department of Management Services
2829	shall consider the energy efficiency of all materials used in
2830	the construction, alteration, repair, or rebuilding of a
2831	building or facility owned or operated by a state agency.
2832	Whenever feasible, the department shall lease a building or
2833	facility that has high-efficiency lighting.
2834	(2)  The Department of Management Services shall adopt
2835	rules requiring a state agency to install high-efficiency lamps
2836	when replacing an existing lamp or installing a new lamp in a
2837	building owned by the state agency.
2838	Section 62.  Except as otherwise expressly provided in this
2839	act, this act shall take effect July 1, 2010.

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