CS for CS for SB 704                             First Engrossed
       
       
       
       
       
       
       
       
       2012704e1
       
    1                        A bill to be entitled                      
    2         An act relating to building construction and
    3         inspection; amending s. 162.12, F.S.; revising the
    4         authorized methods of sending notices to violators of
    5         local codes; creating s. 255.0518, F.S.; requiring a
    6         county or municipality, a department or agency of the
    7         state, a county, or a municipality, or any other
    8         public body or institution to open a sealed bid and
    9         announce the name of each bidder and the price
   10         submitted in the bid at a public meeting and make such
   11         information available upon request; amending s.
   12         381.0065, F.S.; revising the definition of the term
   13         “bedroom” for purposes of requirements governing
   14         onsite sewage treatment and disposal systems;
   15         conforming a cross-reference; providing that a permit
   16         for the installation, modification, or repair of an
   17         onsite sewage treatment and disposal system approved
   18         by the Department of Health transfers along with the
   19         title to the property in a real estate transaction;
   20         prohibiting the transferred title from being
   21         encumbered by new permit requirements; providing
   22         criteria for an abandoned onsite sewage treatment and
   23         disposal system; providing guidelines for the
   24         reconnection of an abandoned system; providing for the
   25         applicability of rules to the construction of an
   26         onsite sewage treatment and disposal system; providing
   27         certain exemptions for a remodeled single-family home;
   28         amending s. 468.604, F.S.; authorizing a building code
   29         administrator or building official to approve the
   30         electronic filing of building plans and related
   31         documents; amending s. 468.609, F.S.; revising the
   32         eligibility requirements of a building code inspector
   33         or plans examiner; revising criteria for the issuance
   34         of provisional certificates; amending s. 468.841,
   35         F.S.; including a person or a business organization
   36         acting within the scope of a landscape architecture
   37         license in the exemption from certain provisions
   38         related to mold assessment; amending s. 481.329, F.S.;
   39         clarifying the authority of a landscape design
   40         practitioner to submit planting plans; amending s.
   41         489.103, F.S.; providing an exemption from
   42         construction contracting requirements for an owner who
   43         installs, removes, or replaces solar panels on certain
   44         residences while acting as the contractor; providing
   45         for an electronic signature on the permit application;
   46         requiring the building permit application and
   47         disclosure statement to include a declaration
   48         statement by the owner; providing that the issuing
   49         authority is not liable in any civil action for
   50         inaccurate information submitted by the owner using
   51         the authority’s electronic permitting system; amending
   52         s. 489.105, F.S.; revising the definition of the term
   53         “demolish” for purposes of describing the scope of
   54         work of a contractor to include all buildings or
   55         residences of certain heights; clarifying the
   56         definition of the terms “roofing contractor,” “Class A
   57         air-conditioning contractor,” “Class B air
   58         conditioning contractor,” “mechanical contractor,” and
   59         “plumbing contractor”; removing the term “glazing
   60         contractor” from within the definition of the term
   61         “contractor” for purposes of licensing by the
   62         Department of Business and Professional Regulation;
   63         reenacting s. 489.105(6), F.S., relating to the
   64         definition of the term “contracting”; clarifying the
   65         intent of the Legislature in the adoption of certain
   66         amendments to s. 489.105(6), F.S., and specifying that
   67         the amendments were intended to be remedial in nature,
   68         clarify existing law, and apply retroactively to any
   69         contract for the sale of manufactured or factory-built
   70         buildings that will be completed on site and otherwise
   71         comply with the requirements under state law; amending
   72         s. 489.113, F.S.; clarifying that subcontractors may
   73         perform construction work under the supervision of a
   74         person who is certified or registered; amending s.
   75         553.5041, F.S.; correcting a cross-reference; amending
   76         s. 553.721, F.S.; allocating a portion of the funds
   77         derived from a surcharge on permit fees to the Florida
   78         Building Code Compliance and Mitigation Program;
   79         making technical and grammatical changes; amending s.
   80         553.73, F.S.; exempting certain buildings or
   81         structures used for hunting from the Florida Building
   82         Code; amending s. 553.79, F.S.; requiring that a
   83         building code enforcing agency, administrator, and
   84         inspector provide certain information to a permit
   85         applicant upon a finding of noncompliance with the
   86         Florida Building Code; amending s. 553.844, F.S.;
   87         extending the expiration date to 2013 for exemption of
   88         certain equipment installation meeting the 2007
   89         building code; amending s. 633.0215, F.S.; authorizing
   90         the electronic filing of certain construction plans
   91         for approval by the fire code administrator or fire
   92         official; amending s. 713.135, F.S.; providing that an
   93         owner or contractor is not required to personally
   94         appear and provide a notarized signature when filing a
   95         building permit application for a solar project if
   96         certain conditions are met; providing that the issuing
   97         authority is not liable in any civil action for
   98         inaccurate information submitted by the owner using
   99         the authority’s electronic permitting system;
  100         requiring the Florida Building Commission to establish
  101         a workgroup to assist in the development of rules for
  102         an alternative design method for screen enclosures;
  103         providing for membership of the workgroup; providing
  104         factors that must be included in the rule; providing
  105         dates for appointment of the workgroup and adoption of
  106         a rule; requiring the commission to incorporate the
  107         alternative design method for screen enclosures into
  108         the Florida Building Code; providing conditions for
  109         expiration of the provision; providing effective
  110         dates.
  111  
  112  Be It Enacted by the Legislature of the State of Florida:
  113  
  114         Section 1. Subsection (1) of section 162.12, Florida
  115  Statutes, is amended to read:
  116         162.12 Notices.—
  117         (1) All notices required by this part must shall be
  118  provided to the alleged violator by:
  119         (a) Certified mail to, return receipt requested, provided
  120  if such notice is sent under this paragraph to the owner of the
  121  property in question at the address listed in the tax
  122  collector’s office for tax notices, or to and at any other
  123  address provided by the property owner in writing to the local
  124  government for the purpose of receiving notices. For property
  125  owned by a corporation, notices may be provided by certified
  126  mail to the registered agent of the corporation. If any notice
  127  sent by certified mail is not signed as received within 30 days
  128  after the date of mailing by such owner and is returned as
  129  unclaimed or refused, notice may be provided by posting as
  130  described in subparagraphs (2)(b)1. and 2. and by first class
  131  mail directed to the addresses furnished to the local government
  132  with a properly executed proof of mailing or affidavit
  133  confirming the first class mailing;
  134         (b) Hand delivery by the sheriff or other law enforcement
  135  officer, code inspector, or other person designated by the local
  136  governing body;
  137         (c) Leaving the notice at the violator’s usual place of
  138  residence with any person residing therein who is above 15 years
  139  of age and informing such person of the contents of the notice;
  140  or
  141         (d) In the case of commercial premises, leaving the notice
  142  with the manager or other person in charge.
  143  
  144  Evidence that an attempt has been made to hand deliver or mail
  145  notice as provided in subsection (1), together with proof of
  146  publication or posting as provided in subsection (2), shall be
  147  sufficient to show that the notice requirements of this part
  148  have been met, without regard to whether or not the alleged
  149  violator actually received such notice.
  150         Section 2. Section 255.0518, Florida Statutes, is created
  151  to read:
  152         255.0518 Public bids; bid opening.—Notwithstanding s.
  153  119.071(1)(b), a county or municipality, a department or agency
  154  of the state, a county, or a municipality, or any other public
  155  body or institution must:
  156         (1) Open a sealed bid or the portion of a sealed bid that
  157  includes the price submitted, which is received pursuant to a
  158  competitive solicitation for construction or repairs on a public
  159  building or public work, at a public meeting conducted in
  160  compliance with s. 286.011.
  161         (2) Announce at that meeting the name of each bidder and
  162  the price submitted in the bid.
  163         (3) Make available upon request the name of each bidder and
  164  the price submitted in the bid.
  165         Section 3. Present paragraphs (b) through (p) of subsection
  166  (2) of section 381.0065, Florida Statutes, are redesignated as
  167  paragraphs (c) through (q), respectively, a new paragraph (b) is
  168  added to that subsection, paragraph (n) of subsection (4) is
  169  amended, and paragraphs (w) through (z) are added to that
  170  subsection, to read:
  171         381.0065 Onsite sewage treatment and disposal systems;
  172  regulation.—
  173         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  174  term:
  175         (b)1.“Bedroom” means a room that can be used for sleeping
  176  and that:
  177         a. For site-built dwellings, has a minimum of 70 square
  178  feet of conditioned space;
  179         b. For manufactured homes, is constructed according to the
  180  standards of the United States Department of Housing and Urban
  181  Development and has a minimum of 50 square feet of floor area;
  182         c. Is located along an exterior wall;
  183         d. Has a closet and a door or an entrance where a door
  184  could be reasonably installed; and
  185         e. Has an emergency means of escape and rescue opening to
  186  the outside in accordance with the Florida Building Code.
  187         2. A room may not be considered a bedroom if it is used to
  188  access another room except a bathroom or closet.
  189         3. “Bedroom” does not include a hallway, bathroom, kitchen,
  190  living room, family room, dining room, den, breakfast nook,
  191  pantry, laundry room, sunroom, recreation room, media/video
  192  room, or exercise room.
  193         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  194  construct, repair, modify, abandon, or operate an onsite sewage
  195  treatment and disposal system without first obtaining a permit
  196  approved by the department. The department may issue permits to
  197  carry out this section, but shall not make the issuance of such
  198  permits contingent upon prior approval by the Department of
  199  Environmental Protection, except that the issuance of a permit
  200  for work seaward of the coastal construction control line
  201  established under s. 161.053 shall be contingent upon receipt of
  202  any required coastal construction control line permit from the
  203  Department of Environmental Protection. A construction permit is
  204  valid for 18 months from the issuance date and may be extended
  205  by the department for one 90-day period under rules adopted by
  206  the department. A repair permit is valid for 90 days from the
  207  date of issuance. An operating permit must be obtained prior to
  208  the use of any aerobic treatment unit or if the establishment
  209  generates commercial waste. Buildings or establishments that use
  210  an aerobic treatment unit or generate commercial waste shall be
  211  inspected by the department at least annually to assure
  212  compliance with the terms of the operating permit. The operating
  213  permit for a commercial wastewater system is valid for 1 year
  214  from the date of issuance and must be renewed annually. The
  215  operating permit for an aerobic treatment unit is valid for 2
  216  years from the date of issuance and must be renewed every 2
  217  years. If all information pertaining to the siting, location,
  218  and installation conditions or repair of an onsite sewage
  219  treatment and disposal system remains the same, a construction
  220  or repair permit for the onsite sewage treatment and disposal
  221  system may be transferred to another person, if the transferee
  222  files, within 60 days after the transfer of ownership, an
  223  amended application providing all corrected information and
  224  proof of ownership of the property. There is no fee associated
  225  with the processing of this supplemental information. A person
  226  may not contract to construct, modify, alter, repair, service,
  227  abandon, or maintain any portion of an onsite sewage treatment
  228  and disposal system without being registered under part III of
  229  chapter 489. A property owner who personally performs
  230  construction, maintenance, or repairs to a system serving his or
  231  her own owner-occupied single-family residence is exempt from
  232  registration requirements for performing such construction,
  233  maintenance, or repairs on that residence, but is subject to all
  234  permitting requirements. A municipality or political subdivision
  235  of the state may not issue a building or plumbing permit for any
  236  building that requires the use of an onsite sewage treatment and
  237  disposal system unless the owner or builder has received a
  238  construction permit for such system from the department. A
  239  building or structure may not be occupied and a municipality,
  240  political subdivision, or any state or federal agency may not
  241  authorize occupancy until the department approves the final
  242  installation of the onsite sewage treatment and disposal system.
  243  A municipality or political subdivision of the state may not
  244  approve any change in occupancy or tenancy of a building that
  245  uses an onsite sewage treatment and disposal system until the
  246  department has reviewed the use of the system with the proposed
  247  change, approved the change, and amended the operating permit.
  248         (n) Evaluations for determining the seasonal high-water
  249  table elevations or the suitability of soils for the use of a
  250  new onsite sewage treatment and disposal system shall be
  251  performed by department personnel, professional engineers
  252  registered in the state, or such other persons with expertise,
  253  as defined by rule, in making such evaluations. Evaluations for
  254  determining mean annual flood lines shall be performed by those
  255  persons identified in paragraph (2)(j) (2)(i). The department
  256  shall accept evaluations submitted by professional engineers and
  257  such other persons as meet the expertise established by this
  258  section or by rule unless the department has a reasonable
  259  scientific basis for questioning the accuracy or completeness of
  260  the evaluation.
  261         (w) A permit that is approved by the department and issued
  262  for the installation, modification, or repair of an onsite
  263  sewage treatment and disposal system shall be transferred along
  264  with the title to the property in a real estate transaction. A
  265  title may not be encumbered at the time of transfer by new
  266  permit requirements by a governmental entity for an onsite
  267  sewage treatment and disposal system which differ from the
  268  permitting requirements in effect at the time the system was
  269  permitted, modified, or repaired.
  270         (x)1. An onsite sewage treatment and disposal system is not
  271  considered abandoned if the system is disconnected from a
  272  structure that was made unusable or destroyed following a
  273  disaster and was properly functioning at the time of
  274  disconnection and was not adversely affected by the disaster.
  275  The onsite sewage treatment and disposal system may be
  276  reconnected to a rebuilt structure if:
  277         a. The reconnection of the system is to the same type of
  278  structure which contains the same number of bedrooms or fewer,
  279  provided that the square footage of the structure is less than
  280  or equal to 110 percent of the original square footage of the
  281  structure that existed before the disaster;
  282         b. The system is not a sanitary nuisance; and
  283         c. The system has not been altered without prior
  284  authorization.
  285         2. An onsite sewage treatment and disposal system that
  286  serves a property that is foreclosed upon is not considered
  287  abandoned.
  288         (y) If an onsite sewage treatment and disposal system
  289  permittee receives, relies upon, and undertakes construction of
  290  a system based upon a validly issued construction permit under
  291  rules applicable at the time of construction but a change to a
  292  rule occurs within 5 years after the approval of the system for
  293  construction but before the final approval of the system, the
  294  rules applicable and in effect at the time of construction
  295  approval apply at the time of final approval if fundamental site
  296  conditions have not changed between the time of construction
  297  approval and final approval.
  298         (z) A modification, replacement, or upgrade of an onsite
  299  sewage treatment and disposal system is not required for a
  300  remodeling addition to a single-family home if a bedroom is not
  301  added.
  302         Section 4. Section 468.604, Florida Statutes, is amended to
  303  read:
  304         468.604 Responsibilities of building code administrators,
  305  plans examiners, and inspectors.—
  306         (1) It is the responsibility of the building code
  307  administrator or building official to administrate, supervise,
  308  direct, enforce, or perform the permitting and inspection of
  309  construction, alteration, repair, remodeling, or demolition of
  310  structures and the installation of building systems within the
  311  boundaries of their governmental jurisdiction, when permitting
  312  is required, to ensure compliance with the Florida Building Code
  313  and any applicable local technical amendment to the Florida
  314  Building Code. The building code administrator or building
  315  official shall faithfully perform these responsibilities without
  316  interference from any person. These responsibilities include:
  317         (a) The review of construction plans to ensure compliance
  318  with all applicable sections of the code. The construction plans
  319  must be reviewed before the issuance of any building, system
  320  installation, or other construction permit. The review of
  321  construction plans must be done by the building code
  322  administrator or building official or by a person having the
  323  appropriate plans examiner license issued under this chapter.
  324         (b) The inspection of each phase of construction where a
  325  building or other construction permit has been issued. The
  326  building code administrator or building official, or a person
  327  having the appropriate building code inspector license issued
  328  under this chapter, shall inspect the construction or
  329  installation to ensure that the work is performed in accordance
  330  with applicable sections of the code.
  331         (2) It is the responsibility of the building code inspector
  332  to conduct inspections of construction, alteration, repair,
  333  remodeling, or demolition of structures and the installation of
  334  building systems, when permitting is required, to ensure
  335  compliance with the Florida Building Code and any applicable
  336  local technical amendment to the Florida Building Code. Each
  337  building code inspector must be licensed in the appropriate
  338  category as defined in s. 468.603. The building code inspector’s
  339  responsibilities must be performed under the direction of the
  340  building code administrator or building official without
  341  interference from any unlicensed person.
  342         (3) It is the responsibility of the plans examiner to
  343  conduct review of construction plans submitted in the permit
  344  application to assure compliance with the Florida Building Code
  345  and any applicable local technical amendment to the Florida
  346  Building Code. The review of construction plans must be done by
  347  the building code administrator or building official or by a
  348  person licensed in the appropriate plans examiner category as
  349  defined in s. 468.603. The plans examiner’s responsibilities
  350  must be performed under the supervision and authority of the
  351  building code administrator or building official without
  352  interference from any unlicensed person.
  353         (4)The Legislature finds that the electronic filing of
  354  construction plans will increase government efficiency, reduce
  355  costs, and increase timeliness of processing permits. If the
  356  building code administrator or building official provides for
  357  electronic filing, the construction plans, drawings,
  358  specifications, reports, final documents, or documents prepared
  359  or issued by a licensee may be dated and electronically signed
  360  and sealed by the licensee in accordance with part I of chapter
  361  668 and may be transmitted electronically to the building code
  362  administrator or building official for approval.
  363         Section 5. Paragraph (c) of subsection (2) and paragraph
  364  (a) of subsection (7) of section 468.609, Florida Statutes, are
  365  amended to read:
  366         468.609 Administration of this part; standards for
  367  certification; additional categories of certification.—
  368         (2) A person may take the examination for certification as
  369  a building code inspector or plans examiner pursuant to this
  370  part if the person:
  371         (c) Meets eligibility requirements according to one of the
  372  following criteria:
  373         1. Demonstrates 5 years’ combined experience in the field
  374  of construction or a related field, building code inspection, or
  375  plans review corresponding to the certification category sought;
  376         2. Demonstrates a combination of postsecondary education in
  377  the field of construction or a related field and experience
  378  which totals 4 years, with at least 1 year of such total being
  379  experience in construction, building code inspection, or plans
  380  review;
  381         3. Demonstrates a combination of technical education in the
  382  field of construction or a related field and experience which
  383  totals 4 years, with at least 1 year of such total being
  384  experience in construction, building code inspection, or plans
  385  review;
  386         4. Currently holds a standard certificate as issued by the
  387  board, or a fire safety inspector license issued pursuant to
  388  chapter 633, has a minimum of 5 years’ verifiable full-time
  389  experience in inspection or plan review, and satisfactorily
  390  completes a building code inspector or plans examiner training
  391  program of not less than 200 hours in the certification category
  392  sought. The board shall establish by rule criteria for the
  393  development and implementation of the training programs; or
  394         5. Demonstrates a combination of the completion of an
  395  approved training program in the field of building code
  396  inspection or plan review and a minimum of 2 years’ experience
  397  in the field of building code inspection, plan review, fire code
  398  inspections and fire plans review of new buildings as a
  399  firesafety inspector certified under s. 633.081(2), or
  400  construction. The approved training portion of this requirement
  401  shall include proof of satisfactory completion of a training
  402  program of not less than 300 hours which is approved by the
  403  board in the chosen category of building code inspection or plan
  404  review in the certification category sought with not less than
  405  20 hours of instruction in state laws, rules, and ethics
  406  relating to professional standards of practice, duties, and
  407  responsibilities of a certificateholder. The board shall
  408  coordinate with the Building Officials Association of Florida,
  409  Inc., to establish by rule the development and implementation of
  410  the training program.
  411         (7)(a) The board may provide for the issuance of
  412  provisional certificates valid for 1 year such period, not less
  413  than 3 years nor more than 5 years, as specified by board rule,
  414  to any newly employed or promoted building code inspector or
  415  plans examiner who meets the eligibility requirements described
  416  in subsection (2) and any newly employed or promoted building
  417  code administrator who meets the eligibility requirements
  418  described in subsection (3). The provisional license may be
  419  renewed by the board for just cause; however, a provisional
  420  license is not valid for a period longer than 3 years.
  421         Section 6. Paragraph (d) of subsection (1) of section
  422  468.841, Florida Statutes, is amended to read:
  423         468.841 Exemptions.—
  424         (1) The following persons are not required to comply with
  425  any provisions of this part relating to mold assessment:
  426         (d) Persons or business organizations acting within the
  427  scope of the respective licenses required under part XV of this
  428  chapter, chapter 471, part I or part II of chapter 481, chapter
  429  482, or chapter 489 are acting on behalf of an insurer under
  430  part VI of chapter 626, or are persons in the manufactured
  431  housing industry who are licensed under chapter 320, except when
  432  any such persons or business organizations hold themselves out
  433  for hire to the public as a “certified mold assessor,”
  434  “registered mold assessor,” “licensed mold assessor,” “mold
  435  assessor,” “professional mold assessor,” or any combination
  436  thereof stating or implying licensure under this part.
  437         Section 7. Subsection (5) of section 481.329, Florida
  438  Statutes, is amended to read:
  439         481.329 Exceptions; exemptions from licensure.—
  440         (5) Nothing in This part does not prohibit prohibits any
  441  person from engaging in the practice of landscape design, as
  442  defined in s. 481.303(7), or from nor submitting for approval to
  443  a governmental agency planting plans that are independent of, or
  444  a component of, construction documents that are prepared by a
  445  Florida-registered professional such plans to governmental
  446  agencies for approval. Persons providing landscape design
  447  services shall not use the title, term, or designation
  448  “landscape architect,” “landscape architectural,” “landscape
  449  architecture,” “L.A.,” “landscape engineering,” or any
  450  description tending to convey the impression that she or he is a
  451  landscape architect unless she or he is registered as provided
  452  in this part.
  453         Section 8. Subsection (7) of section 489.103, Florida
  454  Statutes, is amended to read:
  455         489.103 Exemptions.—This part does not apply to:
  456         (7)(a) Owners of property when acting as their own
  457  contractor and providing direct, onsite supervision themselves
  458  of all work not performed by licensed contractors:
  459         1.(a) When building or improving farm outbuildings or one
  460  family or two-family residences on such property for the
  461  occupancy or use of such owners and not offered for sale or
  462  lease, or building or improving commercial buildings, at a cost
  463  not to exceed $75,000, on such property for the occupancy or use
  464  of such owners and not offered for sale or lease. In an action
  465  brought under this part, proof of the sale or lease, or offering
  466  for sale or lease, of any such structure by the owner-builder
  467  within 1 year after completion of same creates a presumption
  468  that the construction was undertaken for purposes of sale or
  469  lease.
  470         2.(b) When repairing or replacing wood shakes or asphalt or
  471  fiberglass shingles on one-family, two-family, or three-family
  472  residences for the occupancy or use of such owner or tenant of
  473  the owner and not offered for sale within 1 year after
  474  completion of the work and when the property has been damaged by
  475  natural causes from an event recognized as an emergency
  476  situation designated by executive order issued by the Governor
  477  declaring the existence of a state of emergency as a result and
  478  consequence of a serious threat posed to the public health,
  479  safety, and property in this state.
  480         3. When installing, uninstalling, or replacing solar panels
  481  on one-family, two-family, or three-family residences, and the
  482  local permitting agency’s county or municipal government is
  483  participating in a “United States Department of Energy SunShot
  484  Initiative: Rooftop Solar Challenge” grant. However, an owner
  485  must utilize a licensed electrical contractor to effectuate the
  486  wiring of the solar panels, including any interconnection to the
  487  customer’s residential electrical wiring. The limitations of
  488  this exemption shall be expressly stated in the building permit
  489  approved and issued by the permitting agency for such project.
  490         (b) This subsection does not exempt any person who is
  491  employed by or has a contract with such owner and who acts in
  492  the capacity of a contractor. The owner may not delegate the
  493  owner’s responsibility to directly supervise all work to any
  494  other person unless that person is registered or certified under
  495  this part and the work being performed is within the scope of
  496  that person’s license. For the purposes of this subsection, the
  497  term “owners of property” includes the owner of a mobile home
  498  situated on a leased lot.
  499         (c) To qualify for exemption under this subsection, an
  500  owner must personally appear and sign the building permit
  501  application and must satisfy local permitting agency
  502  requirements, if any, proving that the owner has a complete
  503  understanding of the owner’s obligations under the law as
  504  specified in the disclosure statement in this section. However,
  505  for purposes of implementing a “United States Department of
  506  Energy SunShot Initiative: Rooftop Solar Challenge” grant and
  507  the participation of county and municipal governments, including
  508  local permitting agencies under the jurisdiction of such county
  509  and municipal governments, an owner’s notarized signature or
  510  personal appearance to sign the permit application is not
  511  required for a solar project, as described in subparagraph
  512  (a)3., if the building permit application is submitted
  513  electronically to the permitting agency and the owner certifies
  514  the application and disclosure statement using the permitting
  515  agency’s electronic confirmation system. If any person violates
  516  the requirements of this subsection, the local permitting agency
  517  shall withhold final approval, revoke the permit, or pursue any
  518  action or remedy for unlicensed activity against the owner and
  519  any person performing work that requires licensure under the
  520  permit issued. The local permitting agency shall provide the
  521  person with a disclosure statement in substantially the
  522  following form:
  523  
  524                        DISCLOSURE STATEMENT                       
  525  
  526         1. I understand that state law requires construction
  527         to be done by a licensed contractor and have applied
  528         for an owner-builder permit under an exemption from
  529         the law. The exemption specifies that I, as the owner
  530         of the property listed, may act as my own contractor
  531         with certain restrictions even though I do not have a
  532         license.
  533  
  534         2. I understand that building permits are not required
  535         to be signed by a property owner unless he or she is
  536         responsible for the construction and is not hiring a
  537         licensed contractor to assume responsibility.
  538  
  539         3. I understand that, as an owner-builder, I am the
  540         responsible party of record on a permit. I understand
  541         that I may protect myself from potential financial
  542         risk by hiring a licensed contractor and having the
  543         permit filed in his or her name instead of my own
  544         name. I also understand that a contractor is required
  545         by law to be licensed in Florida and to list his or
  546         her license numbers on permits and contracts.
  547  
  548         4. I understand that I may build or improve a one
  549         family or two-family residence or a farm outbuilding.
  550         I may also build or improve a commercial building if
  551         the costs do not exceed $75,000. The building or
  552         residence must be for my own use or occupancy. It may
  553         not be built or substantially improved for sale or
  554         lease. If a building or residence that I have built or
  555         substantially improved myself is sold or leased within
  556         1 year after the construction is complete, the law
  557         will presume that I built or substantially improved it
  558         for sale or lease, which violates the exemption.
  559  
  560         5. I understand that, as the owner-builder, I must
  561         provide direct, onsite supervision of the
  562         construction.
  563  
  564         6. I understand that I may not hire an unlicensed
  565         person to act as my contractor or to supervise persons
  566         working on my building or residence. It is my
  567         responsibility to ensure that the persons whom I
  568         employ have the licenses required by law and by county
  569         or municipal ordinance.
  570  
  571         7. I understand that it is a frequent practice of
  572         unlicensed persons to have the property owner obtain
  573         an owner-builder permit that erroneously implies that
  574         the property owner is providing his or her own labor
  575         and materials. I, as an owner-builder, may be held
  576         liable and subjected to serious financial risk for any
  577         injuries sustained by an unlicensed person or his or
  578         her employees while working on my property. My
  579         homeowner’s insurance may not provide coverage for
  580         those injuries. I am willfully acting as an owner
  581         builder and am aware of the limits of my insurance
  582         coverage for injuries to workers on my property.
  583  
  584         8. I understand that I may not delegate the
  585         responsibility for supervising work to a licensed
  586         contractor who is not licensed to perform the work
  587         being done. Any person working on my building who is
  588         not licensed must work under my direct supervision and
  589         must be employed by me, which means that I must comply
  590         with laws requiring the withholding of federal income
  591         tax and social security contributions under the
  592         Federal Insurance Contributions Act (FICA) and must
  593         provide workers’ compensation for the employee. I
  594         understand that my failure to follow these laws may
  595         subject me to serious financial risk.
  596  
  597         9. I agree that, as the party legally and financially
  598         responsible for this proposed construction activity, I
  599         will abide by all applicable laws and requirements
  600         that govern owner-builders as well as employers. I
  601         also understand that the construction must comply with
  602         all applicable laws, ordinances, building codes, and
  603         zoning regulations.
  604  
  605         10. I understand that I may obtain more information
  606         regarding my obligations as an employer from the
  607         Internal Revenue Service, the United States Small
  608         Business Administration, the Florida Department of
  609         Financial Services, and the Florida Department of
  610         Revenue. I also understand that I may contact the
  611         Florida Construction Industry Licensing Board at
  612         ...(telephone number)... or ...(Internet website
  613         address)... for more information about licensed
  614         contractors.
  615  
  616         11. I am aware of, and consent to, an owner-builder
  617         building permit applied for in my name and understand
  618         that I am the party legally and financially
  619         responsible for the proposed construction activity at
  620         the following address: ...(address of property)....
  621  
  622         12. I agree to notify ...(issuer of disclosure
  623         statements)... immediately of any additions,
  624         deletions, or changes to any of the information that I
  625         have provided on this disclosure.
  626  
  627         Licensed contractors are regulated by laws designed to
  628         protect the public. If you contract with a person who
  629         does not have a license, the Construction Industry
  630         Licensing Board and Department of Business and
  631         Professional Regulation may be unable to assist you
  632         with any financial loss that you sustain as a result
  633         of a complaint. Your only remedy against an unlicensed
  634         contractor may be in civil court. It is also important
  635         for you to understand that, if an unlicensed
  636         contractor or employee of an individual or firm is
  637         injured while working on your property, you may be
  638         held liable for damages. If you obtain an owner
  639         builder permit and wish to hire a licensed contractor,
  640         you will be responsible for verifying whether the
  641         contractor is properly licensed and the status of the
  642         contractor’s workers’ compensation coverage.
  643  
  644         Before a building permit can be issued, this
  645         disclosure statement must be completed and signed by
  646         the property owner and returned to the local
  647         permitting agency responsible for issuing the permit.
  648         A copy of the property owner’s driver license, the
  649         notarized signature of the property owner, or other
  650         type of verification acceptable to the local
  651         permitting agency is required when the permit is
  652         issued.
  653  
  654  Signature: ...(signature of property owner)....
  655  Date: ...(date)....
  656  
  657         (d) A building permit application and disclosure statement
  658  electronically submitted by an owner to the authority for a
  659  solar project, as described in subparagraph (a)3., must also
  660  contain the following additional statement:
  661  
  662         OWNER’S ELECTRONIC SUBMISSION STATEMENT: Under penalty
  663         of perjury, I declare that all the information
  664         contained in this building permit application and the
  665         representations made in the required disclosure
  666         statement are true and correct.
  667  
  668         (e) A permitting authority that accepts a building permit
  669  application and disclosure statement in an electronic format
  670  from an owner who is exempt pursuant to this subsection and who
  671  applies for a permit relating to a solar project, as described
  672  in subparagraph (a)3., is not liable in any civil action for
  673  inaccurate information submitted by the owner using the
  674  authority’s electronic confirmation system.
  675         Section 9. Subsection (3) of section 489.105, Florida
  676  Statutes, is amended, and subsection (6) of that section is
  677  reenacted, to read:
  678         489.105 Definitions.—As used in this part:
  679         (3) “Contractor” means the person who is qualified for, and
  680  is only responsible for, the project contracted for and means,
  681  except as exempted in this part, the person who, for
  682  compensation, undertakes to, submits a bid to, or does himself
  683  or herself or by others construct, repair, alter, remodel, add
  684  to, demolish, subtract from, or improve any building or
  685  structure, including related improvements to real estate, for
  686  others or for resale to others; and whose job scope is
  687  substantially similar to the job scope described in one of the
  688  subsequent paragraphs of this subsection. For the purposes of
  689  regulation under this part, the term “demolish” applies only to
  690  demolition of steel tanks more than over 50 feet in height;
  691  towers more than over 50 feet in height; other structures more
  692  than over 50 feet in height; and all, other than buildings or
  693  residences over three stories tall; and buildings or residences
  694  over three stories tall. Contractors are subdivided into two
  695  divisions, Division I, consisting of those contractors defined
  696  in paragraphs (a)-(c), and Division II, consisting of those
  697  contractors defined in paragraphs (d)-(q) (d)-(r):
  698         (a) “General contractor” means a contractor whose services
  699  are unlimited as to the type of work which he or she may do, who
  700  may contract for any activity requiring licensure under this
  701  part, and who may perform any work requiring licensure under
  702  this part, except as otherwise expressly provided in s. 489.113.
  703         (b) “Building contractor” means a contractor whose services
  704  are limited to construction of commercial buildings and single
  705  dwelling or multiple-dwelling residential buildings, which do
  706  not exceed three stories in height, and accessory use structures
  707  in connection therewith or a contractor whose services are
  708  limited to remodeling, repair, or improvement of any size
  709  building if the services do not affect the structural members of
  710  the building.
  711         (c) “Residential contractor” means a contractor whose
  712  services are limited to construction, remodeling, repair, or
  713  improvement of one-family, two-family, or three-family
  714  residences not exceeding two habitable stories above no more
  715  than one uninhabitable story and accessory use structures in
  716  connection therewith.
  717         (d) “Sheet metal contractor” means a contractor whose
  718  services are unlimited in the sheet metal trade and who has the
  719  experience, knowledge, and skill necessary for the manufacture,
  720  fabrication, assembling, handling, erection, installation,
  721  dismantling, conditioning, adjustment, insulation, alteration,
  722  repair, servicing, or design, if not prohibited by law, of
  723  ferrous or nonferrous metal work of U.S. No. 10 gauge or its
  724  equivalent or lighter gauge and of other materials, including,
  725  but not limited to, fiberglass, used in lieu thereof and of air
  726  handling systems, including the setting of air-handling
  727  equipment and reinforcement of same, the balancing of air
  728  handling systems, and any duct cleaning and equipment sanitizing
  729  that requires at least a partial disassembling of the system.
  730         (e) “Roofing contractor” means a contractor whose services
  731  are unlimited in the roofing trade and who has the experience,
  732  knowledge, and skill to install, maintain, repair, alter,
  733  extend, or design, if not prohibited by law, and use materials
  734  and items used in the installation, maintenance, extension, and
  735  alteration of all kinds of roofing, waterproofing, and coating,
  736  except when coating is not represented to protect, repair,
  737  waterproof, stop leaks, or extend the life of the roof. The
  738  scope of work of a roofing contractor also includes skylights
  739  and any related work, required roof-deck attachments, and any
  740  repair or replacement of wood roof sheathing or fascia as needed
  741  during roof repair or replacement and any related work.
  742         (f) “Class A air-conditioning contractor” means a
  743  contractor whose services are unlimited in the execution of
  744  contracts requiring the experience, knowledge, and skill to
  745  install, maintain, repair, fabricate, alter, extend, or design,
  746  if not prohibited by law, central air-conditioning,
  747  refrigeration, heating, and ventilating systems, including duct
  748  work in connection with a complete system if such duct work is
  749  performed by the contractor as necessary to complete an air
  750  distribution system, boiler and unfired pressure vessel systems,
  751  and all appurtenances, apparatus, or equipment used in
  752  connection therewith, and any duct cleaning and equipment
  753  sanitizing that requires at least a partial disassembling of the
  754  system; to install, maintain, repair, fabricate, alter, extend,
  755  or design, if not prohibited by law, piping, insulation of
  756  pipes, vessels and ducts, pressure and process piping, and
  757  pneumatic control piping; to replace, disconnect, or reconnect
  758  power wiring on the load side of the dedicated existing
  759  electrical disconnect switch; to install, disconnect, and
  760  reconnect low voltage heating, ventilating, and air-conditioning
  761  control wiring; and to install a condensate drain from an air
  762  conditioning unit to an existing safe waste or other approved
  763  disposal other than a direct connection to a sanitary system.
  764  The scope of work for such contractor also includes any
  765  excavation work incidental thereto, but does not include any
  766  work such as liquefied petroleum or natural gas fuel lines
  767  within buildings, except for disconnecting or reconnecting
  768  changeouts of liquefied petroleum or natural gas appliances
  769  within buildings; potable water lines or connections thereto;
  770  sanitary sewer lines; swimming pool piping and filters; or
  771  electrical power wiring. A Class A air-conditioning contractor
  772  may test and evaluate central air-conditioning, refrigeration,
  773  heating, and ventilating systems, including duct work; however,
  774  a mandatory licensing requirement is not established for the
  775  performance of these specific services.
  776         (g) “Class B air-conditioning contractor” means a
  777  contractor whose services are limited to 25 tons of cooling and
  778  500,000 Btu of heating in any one system in the execution of
  779  contracts requiring the experience, knowledge, and skill to
  780  install, maintain, repair, fabricate, alter, extend, or design,
  781  if not prohibited by law, central air-conditioning,
  782  refrigeration, heating, and ventilating systems, including duct
  783  work in connection with a complete system only to the extent
  784  such duct work is performed by the contractor as necessary to
  785  complete an air-distribution system being installed under this
  786  classification, and any duct cleaning and equipment sanitizing
  787  that requires at least a partial disassembling of the system; to
  788  install, maintain, repair, fabricate, alter, extend, or design,
  789  if not prohibited by law, piping and insulation of pipes,
  790  vessels, and ducts; to replace, disconnect, or reconnect power
  791  wiring on the load side of the dedicated existing electrical
  792  disconnect switch; to install, disconnect, and reconnect low
  793  voltage heating, ventilating, and air-conditioning control
  794  wiring; and to install a condensate drain from an air
  795  conditioning unit to an existing safe waste or other approved
  796  disposal other than a direct connection to a sanitary system.
  797  The scope of work for such contractor also includes any
  798  excavation work incidental thereto, but does not include any
  799  work such as liquefied petroleum or natural gas fuel lines
  800  within buildings, except for disconnecting or reconnecting
  801  changeouts of liquefied petroleum or natural gas appliances
  802  within buildings; potable water lines or connections thereto;
  803  sanitary sewer lines; swimming pool piping and filters; or
  804  electrical power wiring. A Class B air-conditioning contractor
  805  may test and evaluate central air-conditioning, refrigeration,
  806  heating, and ventilating systems, including duct work; however,
  807  a mandatory licensing requirement is not established for the
  808  performance of these specific services.
  809         (h) “Class C air-conditioning contractor” means a
  810  contractor whose business is limited to the servicing of air
  811  conditioning, heating, or refrigeration systems, including any
  812  duct cleaning and equipment sanitizing that requires at least a
  813  partial disassembling of the system, and whose certification or
  814  registration, issued pursuant to this part, was valid on October
  815  1, 1988. Only a person who was registered or certified as a
  816  Class C air-conditioning contractor as of October 1, 1988, shall
  817  be so registered or certified after October 1, 1988. However,
  818  the board shall continue to license and regulate those Class C
  819  air-conditioning contractors who held Class C licenses before
  820  October 1, 1988.
  821         (i) “Mechanical contractor” means a contractor whose
  822  services are unlimited in the execution of contracts requiring
  823  the experience, knowledge, and skill to install, maintain,
  824  repair, fabricate, alter, extend, or design, if not prohibited
  825  by law, central air-conditioning, refrigeration, heating, and
  826  ventilating systems, including duct work in connection with a
  827  complete system if such duct work is performed by the contractor
  828  as necessary to complete an air-distribution system, boiler and
  829  unfired pressure vessel systems, lift station equipment and
  830  piping, and all appurtenances, apparatus, or equipment used in
  831  connection therewith, and any duct cleaning and equipment
  832  sanitizing that requires at least a partial disassembling of the
  833  system; to install, maintain, repair, fabricate, alter, extend,
  834  or design, if not prohibited by law, piping, insulation of
  835  pipes, vessels and ducts, pressure and process piping, pneumatic
  836  control piping, gasoline tanks and pump installations and piping
  837  for same, standpipes, air piping, vacuum line piping, oxygen
  838  lines, nitrous oxide piping, ink and chemical lines, fuel
  839  transmission lines, liquefied petroleum gas lines within
  840  buildings, and natural gas fuel lines within buildings; to
  841  replace, disconnect, or reconnect power wiring on the load side
  842  of the dedicated existing electrical disconnect switch; to
  843  install, disconnect, and reconnect low voltage heating,
  844  ventilating, and air-conditioning control wiring; and to install
  845  a condensate drain from an air-conditioning unit to an existing
  846  safe waste or other approved disposal other than a direct
  847  connection to a sanitary system. The scope of work for such
  848  contractor also includes any excavation work incidental thereto,
  849  but does not include any work such as potable water lines or
  850  connections thereto, sanitary sewer lines, swimming pool piping
  851  and filters, or electrical power wiring. A mechanical contractor
  852  may test and evaluate central air-conditioning, refrigeration,
  853  heating, and ventilating systems, including duct work; however,
  854  a mandatory licensing requirement is not established for the
  855  performance of these specific services.
  856         (j) “Commercial pool/spa contractor” means a contractor
  857  whose scope of work involves, but is not limited to, the
  858  construction, repair, and servicing of any swimming pool, or hot
  859  tub or spa, whether public, private, or otherwise, regardless of
  860  use. The scope of work includes the installation, repair, or
  861  replacement of existing equipment, any cleaning or equipment
  862  sanitizing that requires at least a partial disassembling,
  863  excluding filter changes, and the installation of new pool/spa
  864  equipment, interior finishes, the installation of package pool
  865  heaters, the installation of all perimeter piping and filter
  866  piping, and the construction of equipment rooms or housing for
  867  pool/spa equipment, and also includes the scope of work of a
  868  swimming pool/spa servicing contractor. The scope of such work
  869  does not include direct connections to a sanitary sewer system
  870  or to potable water lines. The installation, construction,
  871  modification, or replacement of equipment permanently attached
  872  to and associated with the pool or spa for the purpose of water
  873  treatment or cleaning of the pool or spa requires licensure;
  874  however, the usage of such equipment for the purposes of water
  875  treatment or cleaning does not require licensure unless the
  876  usage involves construction, modification, or replacement of
  877  such equipment. Water treatment that does not require such
  878  equipment does not require a license. In addition, a license is
  879  not required for the cleaning of the pool or spa in a way that
  880  does not affect the structural integrity of the pool or spa or
  881  its associated equipment.
  882         (k) “Residential pool/spa contractor” means a contractor
  883  whose scope of work involves, but is not limited to, the
  884  construction, repair, and servicing of a residential swimming
  885  pool, or hot tub or spa, regardless of use. The scope of work
  886  includes the installation, repair, or replacement of existing
  887  equipment, any cleaning or equipment sanitizing that requires at
  888  least a partial disassembling, excluding filter changes, and the
  889  installation of new pool/spa equipment, interior finishes, the
  890  installation of package pool heaters, the installation of all
  891  perimeter piping and filter piping, and the construction of
  892  equipment rooms or housing for pool/spa equipment, and also
  893  includes the scope of work of a swimming pool/spa servicing
  894  contractor. The scope of such work does not include direct
  895  connections to a sanitary sewer system or to potable water
  896  lines. The installation, construction, modification, or
  897  replacement of equipment permanently attached to and associated
  898  with the pool or spa for the purpose of water treatment or
  899  cleaning of the pool or spa requires licensure; however, the
  900  usage of such equipment for the purposes of water treatment or
  901  cleaning does not require licensure unless the usage involves
  902  construction, modification, or replacement of such equipment.
  903  Water treatment that does not require such equipment does not
  904  require a license. In addition, a license is not required for
  905  the cleaning of the pool or spa in a way that does not affect
  906  the structural integrity of the pool or spa or its associated
  907  equipment.
  908         (l) “Swimming pool/spa servicing contractor” means a
  909  contractor whose scope of work involves, but is not limited to,
  910  the repair and servicing of a swimming pool, or hot tub or spa,
  911  whether public or private, or otherwise, regardless of use. The
  912  scope of work includes the repair or replacement of existing
  913  equipment, any cleaning or equipment sanitizing that requires at
  914  least a partial disassembling, excluding filter changes, and the
  915  installation of new pool/spa equipment, interior refinishing,
  916  the reinstallation or addition of pool heaters, the repair or
  917  replacement of all perimeter piping and filter piping, the
  918  repair of equipment rooms or housing for pool/spa equipment, and
  919  the substantial or complete draining of a swimming pool, or hot
  920  tub or spa, for the purpose of repair or renovation. The scope
  921  of such work does not include direct connections to a sanitary
  922  sewer system or to potable water lines. The installation,
  923  construction, modification, substantial or complete disassembly,
  924  or replacement of equipment permanently attached to and
  925  associated with the pool or spa for the purpose of water
  926  treatment or cleaning of the pool or spa requires licensure;
  927  however, the usage of such equipment for the purposes of water
  928  treatment or cleaning does not require licensure unless the
  929  usage involves construction, modification, substantial or
  930  complete disassembly, or replacement of such equipment. Water
  931  treatment that does not require such equipment does not require
  932  a license. In addition, a license is not required for the
  933  cleaning of the pool or spa in a way that does not affect the
  934  structural integrity of the pool or spa or its associated
  935  equipment.
  936         (m) “Plumbing contractor” means a contractor whose services
  937  are unlimited in the plumbing trade and includes contracting
  938  business consisting consists of the execution of contracts
  939  requiring the experience, financial means, knowledge, and skill
  940  to install, maintain, repair, alter, extend, or, if not
  941  prohibited by law, design plumbing. A plumbing contractor may
  942  install, maintain, repair, alter, extend, or, if not prohibited
  943  by law, design the following without obtaining an additional
  944  local regulatory license, certificate, or registration: sanitary
  945  drainage or storm drainage facilities, water and sewer plants
  946  and substations,; venting systems,; public or private water
  947  supply systems,; septic tanks,; drainage and supply wells,;
  948  swimming pool piping,; irrigation systems, and; or solar heating
  949  water systems and all appurtenances, apparatus, or equipment
  950  used in connection therewith, including boilers and pressure
  951  process piping and including the installation of water, natural
  952  gas, liquefied petroleum gas and related venting, and storm and
  953  sanitary sewer lines; and water and sewer plants and
  954  substations. The scope of work of the plumbing contractor also
  955  includes the design, if not prohibited by law, and installation,
  956  maintenance, repair, alteration, or extension of air-piping,
  957  vacuum line piping, oxygen line piping, nitrous oxide piping,
  958  and all related medical gas systems; fire line standpipes and
  959  fire sprinklers if authorized by law; ink and chemical lines;
  960  fuel oil and gasoline piping and tank and pump installation,
  961  except bulk storage plants; and pneumatic control piping
  962  systems, all in a manner that complies with all plans,
  963  specifications, codes, laws, and regulations applicable. The
  964  scope of work of the plumbing contractor applies to private
  965  property and public property, including any excavation work
  966  incidental thereto, and includes the work of the specialty
  967  plumbing contractor. Such contractor shall subcontract, with a
  968  qualified contractor in the field concerned, all other work
  969  incidental to the work but which is specified as being the work
  970  of a trade other than that of a plumbing contractor. This
  971  definition does not limit the scope of work of any specialty
  972  contractor certified pursuant to s. 489.113(6), and does not
  973  require certification or registration under this part of any
  974  authorized employee of a public natural gas utility or of a
  975  private natural gas utility regulated by the Public Service
  976  Commission when disconnecting and reconnecting water lines in
  977  the servicing or replacement of an existing water heater. A
  978  plumbing contractor may perform drain cleaning and clearing and
  979  install or repair rainwater catchment systems; however, a
  980  mandatory licensing requirement is not established for the
  981  performance of these specific services.
  982         (n) “Underground utility and excavation contractor” means a
  983  contractor whose services are limited to the construction,
  984  installation, and repair, on public or private property, whether
  985  accomplished through open excavations or through other means,
  986  including, but not limited to, directional drilling, auger
  987  boring, jacking and boring, trenchless technologies, wet and dry
  988  taps, grouting, and slip lining, of main sanitary sewer
  989  collection systems, main water distribution systems, storm sewer
  990  collection systems, and the continuation of utility lines from
  991  the main systems to a point of termination up to and including
  992  the meter location for the individual occupancy, sewer
  993  collection systems at property line on residential or single
  994  occupancy commercial properties, or on multioccupancy properties
  995  at manhole or wye lateral extended to an invert elevation as
  996  engineered to accommodate future building sewers, water
  997  distribution systems, or storm sewer collection systems at storm
  998  sewer structures. However, an underground utility and excavation
  999  contractor may install empty underground conduits in rights-of
 1000  way, easements, platted rights-of-way in new site development,
 1001  and sleeves for parking lot crossings no smaller than 2 inches
 1002  in diameter if each conduit system installed is designed by a
 1003  licensed professional engineer or an authorized employee of a
 1004  municipality, county, or public utility and the installation of
 1005  such conduit does not include installation of any conductor
 1006  wiring or connection to an energized electrical system. An
 1007  underground utility and excavation contractor may not install
 1008  piping that is an integral part of a fire protection system as
 1009  defined in s. 633.021 beginning at the point where the piping is
 1010  used exclusively for such system.
 1011         (o) “Solar contractor” means a contractor whose services
 1012  consist of the installation, alteration, repair, maintenance,
 1013  relocation, or replacement of solar panels for potable solar
 1014  water heating systems, swimming pool solar heating systems, and
 1015  photovoltaic systems and any appurtenances, apparatus, or
 1016  equipment used in connection therewith, whether public, private,
 1017  or otherwise, regardless of use. A contractor, certified or
 1018  registered pursuant to this chapter, is not required to become a
 1019  certified or registered solar contractor or to contract with a
 1020  solar contractor in order to provide services enumerated in this
 1021  paragraph that are within the scope of the services such
 1022  contractors may render under this part.
 1023         (p) “Pollutant storage systems contractor” means a
 1024  contractor whose services are limited to, and who has the
 1025  experience, knowledge, and skill to install, maintain, repair,
 1026  alter, extend, or design, if not prohibited by law, and use
 1027  materials and items used in the installation, maintenance,
 1028  extension, and alteration of, pollutant storage tanks. Any
 1029  person installing a pollutant storage tank shall perform such
 1030  installation in accordance with the standards adopted pursuant
 1031  to s. 376.303.
 1032         (q) “Glass and glazing contractor” means a contractor whose
 1033  services are unlimited in the execution of contracts requiring
 1034  the experience, knowledge, and skill to install, attach,
 1035  maintain, repair, fabricate, alter, extend, or design, in
 1036  residential and commercial applications without any height
 1037  restrictions, all types of windows, glass, and mirrors, whether
 1038  fixed or movable; swinging or sliding glass doors attached to
 1039  existing walls, floors, columns, or other structural members of
 1040  the building; glass holding or supporting mullions or horizontal
 1041  bars; structurally anchored impact-resistant opening protection
 1042  attached to existing building walls, floors, columns, or other
 1043  structural members of the building; prefabricated glass, metal,
 1044  or plastic curtain walls; storefront frames or panels; shower
 1045  and tub enclosures; metal fascias; and caulking incidental to
 1046  such work and assembly.
 1047         (q)(r) “Specialty contractor” means a contractor whose
 1048  scope of work and responsibility is limited to a particular
 1049  phase of construction established in a category adopted by board
 1050  rule and whose scope is limited to a subset of the activities
 1051  described in one of the paragraphs of this subsection.
 1052         (6) “Contracting” means, except as exempted in this part,
 1053  engaging in business as a contractor and includes, but is not
 1054  limited to, performance of any of the acts as set forth in
 1055  subsection (3) which define types of contractors. The attempted
 1056  sale of contracting services and the negotiation or bid for a
 1057  contract on these services also constitutes contracting. If the
 1058  services offered require licensure or agent qualification, the
 1059  offering, negotiation for a bid, or attempted sale of these
 1060  services requires the corresponding licensure. However, the term
 1061  “contracting” shall not extend to an individual, partnership,
 1062  corporation, trust, or other legal entity that offers to sell or
 1063  sells completed residences on property on which the individual
 1064  or business entity has any legal or equitable interest, or to
 1065  the individual or business entity that offers to sell or sells
 1066  manufactured or factory-built buildings that will be completed
 1067  on site on property on which either party to a contract has any
 1068  legal or equitable interest, if the services of a qualified
 1069  contractor certified or registered pursuant to the requirements
 1070  of this chapter have been or will be retained for the purpose of
 1071  constructing or completing such residences.
 1072         Section 10. The amendments to s. 489.105(6), Florida
 1073  Statutes, as enacted by s. 30 of chapter 2008-240, Laws of
 1074  Florida, were intended to protect the sanctity of contracts for
 1075  the sale of manufactured or factory-built buildings that will be
 1076  completed on site and to ensure that those contracts are legal
 1077  and enforceable contracts under state law. The amendments were
 1078  intended to be remedial in nature, clarify existing law, and
 1079  apply retroactively to any contract for the sale of manufactured
 1080  or factory-built buildings that will be completed on site and
 1081  otherwise comply with state law.
 1082         Section 11. Effective upon this act becoming a law,
 1083  subsection (2) of section 489.113, Florida Statutes, is amended
 1084  to read:
 1085         489.113 Qualifications for practice; restrictions.—
 1086         (2) A No person must be who is not certified or registered
 1087  in order to shall engage in the business of contracting in this
 1088  state. However, for purposes of complying with the provisions of
 1089  this chapter, a subcontractor person who is not certified or
 1090  registered may perform construction work under the supervision
 1091  of a person who is certified or registered, provided that the
 1092  work is within the scope of the supervising contractor’s
 1093  supervisor’s license, the supervising contractor is responsible
 1094  for the work, and provided that the subcontractor person being
 1095  supervised is not engaged in construction work that which would
 1096  require a license as a contractor under any of the categories
 1097  listed in s. 489.105(3)(d)-(o). This subsection does not affect
 1098  the application of any local construction licensing ordinances.
 1099  To enforce this subsection:
 1100         (a) The department shall issue a cease and desist order to
 1101  prohibit any person from engaging in the business of contracting
 1102  who does not hold the required certification or registration for
 1103  the work being performed under this part. For the purpose of
 1104  enforcing a cease and desist order, the department may file a
 1105  proceeding in the name of the state seeking issuance of an
 1106  injunction or a writ of mandamus against any person who violates
 1107  any provision of such order.
 1108         (b) A county, municipality, or local licensing board
 1109  created by special act may issue a cease and desist order to
 1110  prohibit any person from engaging in the business of contracting
 1111  who does not hold the required certification or registration for
 1112  the work being performed under this part.
 1113         Section 12. Paragraph (e) of subsection (5) of section
 1114  553.5041, Florida Statutes, is amended to read:
 1115         553.5041 Parking spaces for persons who have disabilities.—
 1116         (5) Accessible perpendicular and diagonal accessible
 1117  parking spaces and loading zones must be designed and located to
 1118  conform to ss. 502 and 503 of the standards.
 1119         (e)1. The removal of architectural barriers from a parking
 1120  facility in accordance with 28 C.F.R. s. 36.304 or with s.
 1121  553.508 must comply with this section unless compliance would
 1122  cause the barrier removal not to be readily achievable. If
 1123  compliance would cause the barrier removal not to be readily
 1124  achievable, a facility may provide parking spaces at alternative
 1125  locations for persons who have disabilities and provide
 1126  appropriate signage directing such persons to the alternative
 1127  parking if readily achievable. The facility may not reduce the
 1128  required number or dimensions of those spaces or unreasonably
 1129  increase the length of the accessible route from a parking space
 1130  to the facility. The removal of an architectural barrier must
 1131  not create a significant risk to the health or safety of a
 1132  person who has a disability or to others.
 1133         2. A facility that is making alterations under s.
 1134  553.507(2)(b) must comply with this section to the maximum
 1135  extent feasible. If compliance with parking location
 1136  requirements is not feasible, the facility may provide parking
 1137  spaces at alternative locations for persons who have
 1138  disabilities and provide appropriate signage directing such
 1139  persons to alternative parking. The facility may not reduce the
 1140  required number or dimensions of those spaces, or unnecessarily
 1141  increase the length of the accessible route from a parking space
 1142  to the facility. The alteration must not create a significant
 1143  risk to the health or safety of a person who has a disability or
 1144  to others.
 1145         Section 13. Section 553.721, Florida Statutes, is amended
 1146  to read:
 1147         553.721 Surcharge.—In order for the Department of Business
 1148  and Professional Regulation to administer and carry out the
 1149  purposes of this part and related activities, there is hereby
 1150  created a surcharge, to be assessed at the rate of 1.5 percent
 1151  of the permit fees associated with enforcement of the Florida
 1152  Building Code as defined by the uniform account criteria and
 1153  specifically the uniform account code for building permits
 1154  adopted for local government financial reporting pursuant to s.
 1155  218.32. The minimum amount collected on any permit issued shall
 1156  be $2. The unit of government responsible for collecting a
 1157  permit fee pursuant to s. 125.56(4) or s. 166.201 shall collect
 1158  the such surcharge and electronically remit the funds collected
 1159  to the department on a quarterly calendar basis beginning not
 1160  later than December 31, 2010, for the preceding quarter, and
 1161  continuing each third month thereafter. The, and such unit of
 1162  government shall retain 10 percent of the surcharge collected to
 1163  fund the participation of building departments in the national
 1164  and state building code adoption processes and to provide
 1165  education related to enforcement of the Florida Building Code.
 1166  All funds remitted to the department pursuant to this section
 1167  shall be deposited in the Professional Regulation Trust Fund.
 1168  Funds collected from the such surcharge shall be allocated to
 1169  fund used exclusively for the duties of the Florida Building
 1170  Commission and the Florida Building Code Compliance and
 1171  Mitigation Program under s. 553.841. Funds allocated to the
 1172  Florida Building Code Compliance and Mitigation Program shall be
 1173  $925,000 each fiscal year. The funds collected from the
 1174  surcharge may and the Department of Business and Professional
 1175  Regulation under this chapter and shall not be used to fund
 1176  research on techniques for mitigation of radon in existing
 1177  buildings. Funds used by the department as well as funds to be
 1178  transferred to the Department of Health shall be as prescribed
 1179  in the annual General Appropriations Act. The department shall
 1180  adopt rules governing the collection and remittance of
 1181  surcharges pursuant to in accordance with chapter 120.
 1182         Section 14. Subsection (10) of section 553.73, Florida
 1183  Statutes, is amended to read:
 1184         553.73 Florida Building Code.—
 1185         (10) The following buildings, structures, and facilities
 1186  are exempt from the Florida Building Code as provided by law,
 1187  and any further exemptions shall be as determined by the
 1188  Legislature and provided by law:
 1189         (a) Buildings and structures specifically regulated and
 1190  preempted by the Federal Government.
 1191         (b) Railroads and ancillary facilities associated with the
 1192  railroad.
 1193         (c) Nonresidential farm buildings on farms.
 1194         (d) Temporary buildings or sheds used exclusively for
 1195  construction purposes.
 1196         (e) Mobile or modular structures used as temporary offices,
 1197  except that the provisions of part II relating to accessibility
 1198  by persons with disabilities shall apply to such mobile or
 1199  modular structures.
 1200         (f) Those structures or facilities of electric utilities,
 1201  as defined in s. 366.02, which are directly involved in the
 1202  generation, transmission, or distribution of electricity.
 1203         (g) Temporary sets, assemblies, or structures used in
 1204  commercial motion picture or television production, or any
 1205  sound-recording equipment used in such production, on or off the
 1206  premises.
 1207         (h) Storage sheds that are not designed for human
 1208  habitation and that have a floor area of 720 square feet or less
 1209  are not required to comply with the mandatory wind-borne-debris
 1210  impact standards of the Florida Building Code. In addition, such
 1211  buildings that are 400 square feet or less and that are intended
 1212  for use in conjunction with one- and two-family residences are
 1213  not subject to the door height and width requirements of the
 1214  Florida Building Code.
 1215         (i) Chickees constructed by the Miccosukee Tribe of Indians
 1216  of Florida or the Seminole Tribe of Florida. As used in this
 1217  paragraph, the term “chickee” means an open-sided wooden hut
 1218  that has a thatched roof of palm or palmetto or other
 1219  traditional materials, and that does not incorporate any
 1220  electrical, plumbing, or other nonwood features.
 1221         (j) Family mausoleums not exceeding 250 square feet in area
 1222  which are prefabricated and assembled on site or preassembled
 1223  and delivered on site and have walls, roofs, and a floor
 1224  constructed of granite, marble, or reinforced concrete.
 1225         (k) A building or structure having less than 1,000 square
 1226  feet which is constructed and owned by a natural person for
 1227  hunting and which is repaired or reconstructed to the same
 1228  dimension and condition as existed on January 1, 2011, if the
 1229  building or structure:
 1230         1. Is not rented or leased or used as a principal
 1231  residence;
 1232         2. Is not located within the 100-year floodplain according
 1233  to the Federal Emergency Management Agency’s current Flood
 1234  Insurance Rate Map; and
 1235         3. Is not connected to an off-site electric power or water
 1236  supply.
 1237  
 1238  With the exception of paragraphs (a), (b), (c), and (f), in
 1239  order to preserve the health, safety, and welfare of the public,
 1240  the Florida Building Commission may, by rule adopted pursuant to
 1241  chapter 120, provide for exceptions to the broad categories of
 1242  buildings exempted in this section, including exceptions for
 1243  application of specific sections of the code or standards
 1244  adopted therein. The Department of Agriculture and Consumer
 1245  Services shall have exclusive authority to adopt by rule,
 1246  pursuant to chapter 120, exceptions to nonresidential farm
 1247  buildings exempted in paragraph (c) when reasonably necessary to
 1248  preserve public health, safety, and welfare. The exceptions must
 1249  be based upon specific criteria, such as under-roof floor area,
 1250  aggregate electrical service capacity, HVAC system capacity, or
 1251  other building requirements. Further, the commission may
 1252  recommend to the Legislature additional categories of buildings,
 1253  structures, or facilities which should be exempted from the
 1254  Florida Building Code, to be provided by law. The Florida
 1255  Building Code does not apply to temporary housing provided by
 1256  the Department of Corrections to any prisoner in the state
 1257  correctional system.
 1258         Section 15. Subsections (1) and (2) of section 553.79,
 1259  Florida Statutes, are amended to read:
 1260         553.79 Permits; applications; issuance; inspections.—
 1261         (1) After the effective date of the Florida Building Code
 1262  adopted as herein provided, it shall be unlawful for any person,
 1263  firm, corporation, or governmental entity to construct, erect,
 1264  alter, modify, repair, or demolish any building within this
 1265  state without first obtaining a permit therefor from the
 1266  appropriate enforcing agency or from such persons as may, by
 1267  appropriate resolution or regulation of the authorized state or
 1268  local enforcing agency, be delegated authority to issue such
 1269  permits, upon the payment of such reasonable fees adopted by the
 1270  enforcing agency. The enforcing agency is empowered to revoke
 1271  any such permit upon a determination by the agency that the
 1272  construction, erection, alteration, modification, repair, or
 1273  demolition of the building for which the permit was issued is in
 1274  violation of, or not in conformity with, the provisions of the
 1275  Florida Building Code. Whenever a permit required under this
 1276  section is denied or revoked because the plan, or the
 1277  construction, erection, alteration, modification, repair, or
 1278  demolition of a building, is found by the local enforcing agency
 1279  to be not in compliance with the Florida Building Code, the
 1280  local enforcing agency shall identify the specific plan or
 1281  project features that do not comply with the applicable codes,
 1282  identify the specific code chapters and sections upon which the
 1283  finding is based, and provide this information to the permit
 1284  applicant. Installation, replacement, removal, or metering of
 1285  any load management control device is exempt from and shall not
 1286  be subject to the permit process and fees otherwise required by
 1287  this section.
 1288         (2) Except as provided in subsection (6), an enforcing
 1289  agency may not issue any permit for construction, erection,
 1290  alteration, modification, repair, or demolition of any building
 1291  or structure until the local building code administrator or
 1292  inspector has reviewed the plans and specifications required by
 1293  the Florida Building Code, or local amendment thereto, for such
 1294  proposal and found the plans to be in compliance with the
 1295  Florida Building Code. If the local building code administrator
 1296  or inspector finds that the plans are not in compliance with the
 1297  Florida Building Code, the local building code administrator or
 1298  inspector shall identify the specific plan features that do not
 1299  comply with the applicable codes, identify the specific code
 1300  chapters and sections upon which the finding is based, and
 1301  provide this information to the local enforcing agency. The
 1302  local enforcing agency shall provide this information to the
 1303  permit applicant. In addition, an enforcing agency may not issue
 1304  any permit for construction, erection, alteration, modification,
 1305  repair, or demolition of any building until the appropriate
 1306  firesafety inspector certified pursuant to s. 633.081 has
 1307  reviewed the plans and specifications required by the Florida
 1308  Building Code, or local amendment thereto, for such proposal and
 1309  found that the plans comply with the Florida Fire Prevention
 1310  Code and the Life Safety Code. Any building or structure which
 1311  is not subject to a firesafety code shall not be required to
 1312  have its plans reviewed by the firesafety inspector. Any
 1313  building or structure that is exempt from the local building
 1314  permit process may not be required to have its plans reviewed by
 1315  the local building code administrator. Industrial construction
 1316  on sites where design, construction, and firesafety are
 1317  supervised by appropriate design and inspection professionals
 1318  and which contain adequate in-house fire departments and rescue
 1319  squads is exempt, subject to local government option, from
 1320  review of plans and inspections, providing owners certify that
 1321  applicable codes and standards have been met and supply
 1322  appropriate approved drawings to local building and firesafety
 1323  inspectors. The enforcing agency shall issue a permit to
 1324  construct, erect, alter, modify, repair, or demolish any
 1325  building or structure when the plans and specifications for such
 1326  proposal comply with the provisions of the Florida Building Code
 1327  and the Florida Fire Prevention Code and the Life Safety Code as
 1328  determined by the local authority in accordance with this
 1329  chapter and chapter 633.
 1330         Section 16. Subsection (4) of section 553.844, Florida
 1331  Statutes, is amended to read:
 1332         553.844 Windstorm loss mitigation; requirements for roofs
 1333  and opening protection.—
 1334         (4) Notwithstanding the provisions of this section, exposed
 1335  mechanical equipment or appliances fastened to a roof or
 1336  installed on the ground in compliance with the code using rated
 1337  stands, platforms, curbs, slabs, or other means are deemed to
 1338  comply with the wind resistance requirements of the 2007 Florida
 1339  Building Code, as amended. Further support or enclosure of such
 1340  mechanical equipment or appliances is not required by a state or
 1341  local official having authority to enforce the Florida Building
 1342  Code. This subsection expires on the effective date of the 2013
 1343  2010 Florida Building Code.
 1344         Section 17. Subsection (15) is added to section 633.0215,
 1345  Florida Statutes, to read:
 1346         633.0215 Florida Fire Prevention Code.—
 1347         (15) The Legislature finds that the electronic filing of
 1348  construction plans will increase governmental efficiency, reduce
 1349  costs, and increase timeliness of processing permits. If the
 1350  fire code administrator or fire official provides for electronic
 1351  filing, any construction plans, drawings, specifications,
 1352  reports, final documents, or documents prepared or issued by a
 1353  licensee may be dated and electronically signed and sealed by
 1354  the licensee in accordance with part I of chapter 668, and may
 1355  be transmitted electronically to the fire code administrator or
 1356  fire official for approval.
 1357         Section 18. Paragraph (b) of subsection (6) of section
 1358  713.135, Florida Statutes, is amended, and paragraph (d) is
 1359  added to that subsection, to read:
 1360         713.135 Notice of commencement and applicability of lien.—
 1361         (6)
 1362         (b)1. Consistent with the requirements of paragraph (a), an
 1363  authority responsible for issuing building permits under this
 1364  section may accept a building permit application in an
 1365  electronic format, as prescribed by the authority. Building
 1366  permit applications submitted to the authority electronically
 1367  must contain the following additional statement in lieu of the
 1368  requirement in paragraph (a) that a signed, sworn, and notarized
 1369  signature of the owner or agent and the contractor be part of
 1370  the owner’s affidavit:
 1371  
 1372         OWNER’S ELECTRONIC SUBMISSION STATEMENT: Under penalty
 1373         of perjury, I declare that all the information
 1374         contained in this building permit application is true
 1375         and correct.
 1376  
 1377         2. For purposes of implementing a “United States Department
 1378  of Energy SunShot Initiative: Rooftop Solar Challenge” grant and
 1379  the participation of county and municipal governments, including
 1380  local permitting agencies under the jurisdiction of such county
 1381  and municipal governments, an owner or contractor shall not be
 1382  required to personally appear and provide a notarized signature
 1383  when filing a building permit application, if such building
 1384  permit application will be electronically submitted to the
 1385  permitting authority, the application relates to a solar
 1386  project, and the owner or contractor certifies the application,
 1387  consistent with this paragraph, using the permitting authority’s
 1388  electronic confirmation system. For purposes of this subsection,
 1389  a “solar project” means installing, uninstalling, or replacing
 1390  solar panels on single-family residential property, multi-family
 1391  residential property, or commercial property.
 1392         (d) An authority responsible for issuing building permits
 1393  which accepts building permit applications in an electronic
 1394  format for solar projects, as defined in subparagraph (b)2., is
 1395  not liable in any civil action for any inaccurate information
 1396  submitted by an owner or contractor using the authority’s
 1397  electronic confirmation system.
 1398         Section 19. The Florida Building Commission shall establish
 1399  a workgroup to assist the commission in developing a rule for
 1400  implementing an alternative design method for screen enclosures
 1401  which allows for the removal of a section of the screen to
 1402  accommodate high-wind events consistent with the provisions of
 1403  the Florida Building Code.
 1404         (1) The workgroup shall be comprised of the following
 1405  representatives:
 1406         (a) Two members who represent the screen enclosure
 1407  manufacturing industry;
 1408         (b) Two members who represent the aluminum contractors
 1409  industry;
 1410         (c) One member who represents the Florida Home Builders
 1411  Association;
 1412         (d) One member who represents the Florida Swimming Pool
 1413  Association;
 1414         (e) Three members who represent the Building Officials
 1415  Association of Florida;
 1416         (f) One member who represents the building products
 1417  industry; and
 1418         (g) One member who is employed as a structural engineer.
 1419         (2) The workgroup shall address the following factors to be
 1420  included in the rule:
 1421         (a) An alternative design method for a screen enclosure
 1422  that is site-specific engineered;
 1423         (b) A screen enclosure design using the alternative method
 1424  that serves as a barrier that is required for a swimming pool
 1425  and remains in place at the minimum height required for the
 1426  barrier;
 1427         (c)A screen enclosure design using clear, highly visible
 1428  labels for panels that can be cut, retracted, or removed when
 1429  winds are forecasted to exceed 75 mph;
 1430         (d)A design for a screen that can be removed, cut, or
 1431  retracted without the use of a ladder or scaffolding;
 1432         (e)A requirement that the contractor provide replacement
 1433  screen at the initial point of sale to repair the screen
 1434  enclosure for designs that require cutting; and
 1435         (f)An alternative design for a screen enclosure that
 1436  requires the contractor to provide notice to the homeowner and
 1437  the local building department that the homeowner must cut,
 1438  retract, or remove a panel or panels of the screen enclosure in
 1439  accordance with engineering or manufacturer’s instructions when
 1440  wind speeds are expected to exceed 75 mph.
 1441         (3) The Florida Building Commission shall appoint the
 1442  workgroup no later than 15 days after the effective date of this
 1443  act to draft a proposed rule. Rulemaking must be initiated
 1444  pursuant to chapter 120, Florida Statutes, as soon as
 1445  practicable after appointment of the workgroup. The commission
 1446  shall file a notice of proposed rule by October 1, 2012. The
 1447  Florida Building Code Commission shall file the rule for
 1448  adoption by January 2, 2013, unless the commission files a
 1449  letter on or before that date with the Joint Administrative
 1450  Procedures Committee explaining the reasons for not completing
 1451  rulemaking. Upon final adoption of the rule, the Florida
 1452  Building Commission shall incorporate these requirements into
 1453  the next version of the Florida Building Code. This section
 1454  expires upon adoption of the rule and its inclusion in the
 1455  Florida Building Code.
 1456         Section 20. Except as otherwise expressly provided in this
 1457  act and except for this section, which shall take effect upon
 1458  this act becoming a law, this act shall take effect July 1,
 1459  2012.