Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. CS for SB 156
       
       
       
       
       
       
                                Barcode 290726                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2013           .                                
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       The Committee on Appropriations (Gardiner) recommended the
       following:
       
    1         Senate Substitute for Amendment (269142) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 162.12, Florida Statutes, is amended to
    7  read:
    8         162.12 Notices.—
    9         (1) All notices required by this part must be provided to
   10  the alleged violator by:
   11         (a) Certified mail, return receipt requested, to the
   12  address listed in the tax collector’s office for tax notices, or
   13  to the address listed in the county property appraiser’s
   14  database. The local government may also provide an additional
   15  notice to any other address it may find for provided by the
   16  property owner in writing to the local government for the
   17  purpose of receiving notices. For property owned by a
   18  corporation, notices may be provided by certified mail to the
   19  registered agent of the corporation. If any notice sent by
   20  certified mail is not signed as received within 30 days after
   21  the postmarked date of mailing, notice may be provided by
   22  posting as described in subparagraphs (2)(b)1. and 2.;
   23         (b) Hand delivery by the sheriff or other law enforcement
   24  officer, code inspector, or other person designated by the local
   25  governing body;
   26         (c) Leaving the notice at the violator’s usual place of
   27  residence with any person residing therein who is above 15 years
   28  of age and informing such person of the contents of the notice;
   29  or
   30         (d) In the case of commercial premises, leaving the notice
   31  with the manager or other person in charge.
   32         (2) In addition to providing notice as set forth in
   33  subsection (1), at the option of the code enforcement board or
   34  the local government, notice may also be served by publication
   35  or posting, as follows:
   36         (a)1. Such notice shall be published once during each week
   37  for 4 consecutive weeks (four publications being sufficient) in
   38  a newspaper of general circulation in the county where the code
   39  enforcement board is located. The newspaper shall meet such
   40  requirements as are prescribed under chapter 50 for legal and
   41  official advertisements.
   42         2. Proof of publication shall be made as provided in ss.
   43  50.041 and 50.051.
   44         (b)1. In lieu of publication as described in paragraph (a),
   45  such notice may be posted at least 10 days prior to the hearing,
   46  or prior to the expiration of any deadline contained in the
   47  notice, in at least two locations, one of which shall be the
   48  property upon which the violation is alleged to exist and the
   49  other of which shall be, in the case of municipalities, at the
   50  primary municipal government office, and in the case of
   51  counties, at the front door of the courthouse or the main county
   52  governmental center in said county.
   53         2. Proof of posting shall be by affidavit of the person
   54  posting the notice, which affidavit shall include a copy of the
   55  notice posted and the date and places of its posting.
   56         (c) Notice by publication or posting may run concurrently
   57  with, or may follow, an attempt or attempts to provide notice by
   58  hand delivery or by mail as required under subsection (1).
   59  
   60         Evidence that an attempt has been made to hand deliver
   61         or mail notice as provided in subsection (1), together
   62         with proof of publication or posting as provided in
   63         subsection (2), shall be sufficient to show that the
   64         notice requirements of this part have been met,
   65         without regard to whether or not the alleged violator
   66         actually received such notice.
   67         Section 2. Subsection (3) of section 255.20, Florida
   68  Statutes, is amended to read:
   69         255.20 Local bids and contracts for public construction
   70  works; specification of state-produced lumber.—
   71         (3)(a) All county officials, boards of county
   72  commissioners, school boards, city councils, city commissioners,
   73  and all other public officers of state boards or commissions
   74  that are charged with the letting of contracts for public work,
   75  for the construction of public bridges, buildings, and other
   76  structures must specify in the contract lumber, timber, and
   77  other forest products produced and manufactured in this state,
   78  if wood is a component of the public work, and if such products
   79  are available and their price, fitness, and quality are equal.
   80         (b) This subsection does not apply:
   81         1. To plywood specified for monolithic concrete forms.,
   82         2. If the structural or service requirements for timber for
   83  a particular job cannot be supplied by native species., or
   84         3. If the construction is financed in whole or in part from
   85  federal funds with the requirement that there be no restrictions
   86  as to species or place of manufacture.
   87         4. To transportation projects for which federal aid funds
   88  are available.
   89         Section 3. Subsection (4) is added to section 255.2575,
   90  Florida Statutes, to read:
   91         255.2575 Energy-efficient and sustainable buildings.—
   92         (4)(a) All state agencies, county officials, boards of
   93  county commissioners, school boards, city councils, city
   94  commissioners, and all other public officers of state boards or
   95  commissions that are charged with the letting of contracts for
   96  public work, for the construction of public bridges, buildings,
   97  and other structures must specify in the contract lumber,
   98  timber, and other forest products produced and manufactured in
   99  this state, if wood is a component of the public work, and if
  100  such products are available and their price, fitness, and
  101  quality are equal.
  102         (b) This subsection does not apply:
  103         1. To plywood specified for monolithic concrete forms.
  104         2. If the structural or service requirements for timber for
  105  a particular job cannot be supplied by native species.
  106         3. If the construction is financed in whole or in part from
  107  federal funds with the requirement that there be no restrictions
  108  as to species or place of manufacture.
  109         4. To transportation projects for which federal aid funds
  110  are available.
  111         Section 4. Paragraph (a) of subsection (4) of section
  112  255.257, Florida Statutes, is amended to read:
  113         255.257 Energy management; buildings occupied by state
  114  agencies.—
  115         (4) ADOPTION OF STANDARDS.—
  116         (a) Each All state agency agencies shall use adopt a
  117  sustainable building rating system or use a national model green
  118  building code for each all new building buildings and renovation
  119  renovations to an existing building buildings.
  120         Section 5. Paragraph (aa) of subsection (4) of section
  121  381.0065, Florida Statutes, is amended to read:
  122         381.0065 Onsite sewage treatment and disposal systems;
  123  regulation.—
  124         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  125  construct, repair, modify, abandon, or operate an onsite sewage
  126  treatment and disposal system without first obtaining a permit
  127  approved by the department. The department may issue permits to
  128  carry out this section, but shall not make the issuance of such
  129  permits contingent upon prior approval by the Department of
  130  Environmental Protection, except that the issuance of a permit
  131  for work seaward of the coastal construction control line
  132  established under s. 161.053 shall be contingent upon receipt of
  133  any required coastal construction control line permit from the
  134  Department of Environmental Protection. A construction permit is
  135  valid for 18 months from the issuance date and may be extended
  136  by the department for one 90-day period under rules adopted by
  137  the department. A repair permit is valid for 90 days from the
  138  date of issuance. An operating permit must be obtained prior to
  139  the use of any aerobic treatment unit or if the establishment
  140  generates commercial waste. Buildings or establishments that use
  141  an aerobic treatment unit or generate commercial waste shall be
  142  inspected by the department at least annually to assure
  143  compliance with the terms of the operating permit. The operating
  144  permit for a commercial wastewater system is valid for 1 year
  145  from the date of issuance and must be renewed annually. The
  146  operating permit for an aerobic treatment unit is valid for 2
  147  years from the date of issuance and must be renewed every 2
  148  years. If all information pertaining to the siting, location,
  149  and installation conditions or repair of an onsite sewage
  150  treatment and disposal system remains the same, a construction
  151  or repair permit for the onsite sewage treatment and disposal
  152  system may be transferred to another person, if the transferee
  153  files, within 60 days after the transfer of ownership, an
  154  amended application providing all corrected information and
  155  proof of ownership of the property. There is no fee associated
  156  with the processing of this supplemental information. A person
  157  may not contract to construct, modify, alter, repair, service,
  158  abandon, or maintain any portion of an onsite sewage treatment
  159  and disposal system without being registered under part III of
  160  chapter 489. A property owner who personally performs
  161  construction, maintenance, or repairs to a system serving his or
  162  her own owner-occupied single-family residence is exempt from
  163  registration requirements for performing such construction,
  164  maintenance, or repairs on that residence, but is subject to all
  165  permitting requirements. A municipality or political subdivision
  166  of the state may not issue a building or plumbing permit for any
  167  building that requires the use of an onsite sewage treatment and
  168  disposal system unless the owner or builder has received a
  169  construction permit for such system from the department. A
  170  building or structure may not be occupied and a municipality,
  171  political subdivision, or any state or federal agency may not
  172  authorize occupancy until the department approves the final
  173  installation of the onsite sewage treatment and disposal system.
  174  A municipality or political subdivision of the state may not
  175  approve any change in occupancy or tenancy of a building that
  176  uses an onsite sewage treatment and disposal system until the
  177  department has reviewed the use of the system with the proposed
  178  change, approved the change, and amended the operating permit.
  179         (aa) An existing-system inspection or evaluation and
  180  assessment, or a modification, replacement, or upgrade of an
  181  onsite sewage treatment and disposal system is not required for
  182  a remodeling addition or modification to a single-family home if
  183  a bedroom is not added. However, a remodeling addition or
  184  modification to a single-family home may not cover any part of
  185  the existing system or encroach upon a required setback or the
  186  unobstructed area. To determine if a setback or the unobstructed
  187  area is impacted, the local health department shall review and
  188  verify a floor plan and site plan of the proposed remodeling
  189  addition or modification to the home submitted by a remodeler
  190  which shows the location of the system, including the distance
  191  of the remodeling addition or modification to the home from the
  192  onsite sewage treatment and disposal system. The local health
  193  department may visit the site or otherwise determine the best
  194  means of verifying the information submitted. A verification of
  195  the location of a system is not an inspection or evaluation and
  196  assessment of the system. The review and verification must be
  197  completed within 7 business days after receipt by the local
  198  health department of a floor plan and site plan. If the review
  199  and verification is not completed within such time, the
  200  remodeling addition or modification to the single-family home,
  201  for the purposes of this paragraph, is approved.
  202         Section 6. Effective October 1, 2014, subsection (23) is
  203  added to section 489.103, Florida Statutes, to read:
  204         489.103 Exemptions.— This part does not apply to:
  205         (23)An owner or operator of a public swimming pool or spa
  206  permitted under s. 514.031, an entity under common ownership or
  207  control with the owner or operator, or a direct employee of the
  208  owner, operator, or related entity, who undertakes to maintain
  209  the swimming pool or spa for the purpose of water treatment.
  210         Section 7. Effective October 1, 2014, subsection (3) of
  211  section 489.105, Florida Statutes, is amended to read:
  212         489.105 Definitions.— As used in this part:
  213         (3) “Contractor” means the person who is qualified for, and
  214  is only responsible for, the project contracted for and means,
  215  except as exempted in this part, the person who, for
  216  compensation, undertakes to, submits a bid to, or does himself
  217  or herself or by others construct, repair, alter, remodel, add
  218  to, demolish, maintain for purposes of water treatment, subtract
  219  from, or improve any building or structure, including related
  220  improvements to real estate, for others or for resale to others;
  221  and whose job scope is substantially similar to the job scope
  222  described in one of the paragraphs of this subsection. For the
  223  purposes of regulation under this part, the term “demolish”
  224  applies only to demolition of steel tanks more than 50 feet in
  225  height; towers more than 50 feet in height; other structures
  226  more than 50 feet in height; and, effective July 1, 2013, the
  227  term applies to and all buildings or residences more than three
  228  stories tall. For purposes of regulation under this part, the
  229  phrase “maintain for purposes of water treatment” applies only
  230  to cleaning, maintenance, and water treatment of swimming pools
  231  and spas. Contractors are subdivided into two divisions,
  232  Division I, consisting of those contractors defined in
  233  paragraphs (a)-(c), and Division II, consisting of those
  234  contractors defined in paragraphs (d)-(q):
  235         (a) “General contractor” means a contractor whose services
  236  are unlimited as to the type of work which he or she may do, who
  237  may contract for any activity requiring licensure under this
  238  part, and who may perform any work requiring licensure under
  239  this part, except as otherwise expressly provided in s. 489.113.
  240         (b) “Building contractor” means a contractor whose services
  241  are limited to construction of commercial buildings and single
  242  dwelling or multiple-dwelling residential buildings, which do
  243  not exceed three stories in height, and accessory use structures
  244  in connection therewith or a contractor whose services are
  245  limited to remodeling, repair, or improvement of any size
  246  building if the services do not affect the structural members of
  247  the building.
  248         (c) “Residential contractor” means a contractor whose
  249  services are limited to construction, remodeling, repair, or
  250  improvement of one-family, two-family, or three-family
  251  residences not exceeding two habitable stories above no more
  252  than one uninhabitable story and accessory use structures in
  253  connection therewith.
  254         (d) “Sheet metal contractor” means a contractor whose
  255  services are unlimited in the sheet metal trade and who has the
  256  experience, knowledge, and skill necessary for the manufacture,
  257  fabrication, assembling, handling, erection, installation,
  258  dismantling, conditioning, adjustment, insulation, alteration,
  259  repair, servicing, or design, if not prohibited by law, of
  260  ferrous or nonferrous metal work of U.S. No. 10 gauge or its
  261  equivalent or lighter gauge and of other materials, including,
  262  but not limited to, fiberglass, used in lieu thereof and of air
  263  handling systems, including the setting of air-handling
  264  equipment and reinforcement of same, the balancing of air
  265  handling systems, and any duct cleaning and equipment sanitizing
  266  that requires at least a partial disassembling of the system.
  267         (e) “Roofing contractor” means a contractor whose services
  268  are unlimited in the roofing trade and who has the experience,
  269  knowledge, and skill to install, maintain, repair, alter,
  270  extend, or design, if not prohibited by law, and use materials
  271  and items used in the installation, maintenance, extension, and
  272  alteration of all kinds of roofing, waterproofing, and coating,
  273  except when coating is not represented to protect, repair,
  274  waterproof, stop leaks, or extend the life of the roof. The
  275  scope of work of a roofing contractor also includes skylights
  276  and any related work, required roof-deck attachments, and any
  277  repair or replacement of wood roof sheathing or fascia as needed
  278  during roof repair or replacement and any related work.
  279         (f) “Class A air-conditioning contractor” means a
  280  contractor whose services are unlimited in the execution of
  281  contracts requiring the experience, knowledge, and skill to
  282  install, maintain, repair, fabricate, alter, extend, or design,
  283  if not prohibited by law, central air-conditioning,
  284  refrigeration, heating, and ventilating systems, including duct
  285  work in connection with a complete system if such duct work is
  286  performed by the contractor as necessary to complete an air
  287  distribution system, boiler and unfired pressure vessel systems,
  288  and all appurtenances, apparatus, or equipment used in
  289  connection therewith, and any duct cleaning and equipment
  290  sanitizing that requires at least a partial disassembling of the
  291  system; to install, maintain, repair, fabricate, alter, extend,
  292  or design, if not prohibited by law, piping, insulation of
  293  pipes, vessels and ducts, pressure and process piping, and
  294  pneumatic control piping; to replace, disconnect, or reconnect
  295  power wiring on the load side of the dedicated existing
  296  electrical disconnect switch; to install, disconnect, and
  297  reconnect low voltage heating, ventilating, and air-conditioning
  298  control wiring; and to install a condensate drain from an air
  299  conditioning unit to an existing safe waste or other approved
  300  disposal other than a direct connection to a sanitary system.
  301  The scope of work for such contractor also includes any
  302  excavation work incidental thereto, but does not include any
  303  work such as liquefied petroleum or natural gas fuel lines
  304  within buildings, except for disconnecting or reconnecting
  305  changeouts of liquefied petroleum or natural gas appliances
  306  within buildings; potable water lines or connections thereto;
  307  sanitary sewer lines; swimming pool piping and filters; or
  308  electrical power wiring. A Class A air-conditioning contractor
  309  may test and evaluate central air-conditioning, refrigeration,
  310  heating, and ventilating systems, including duct work; however,
  311  a mandatory licensing requirement is not established for the
  312  performance of these specific services.
  313         (g) “Class B air-conditioning contractor” means a
  314  contractor whose services are limited to 25 tons of cooling and
  315  500,000 Btu of heating in any one system in the execution of
  316  contracts requiring the experience, knowledge, and skill to
  317  install, maintain, repair, fabricate, alter, extend, or design,
  318  if not prohibited by law, central air-conditioning,
  319  refrigeration, heating, and ventilating systems, including duct
  320  work in connection with a complete system only to the extent
  321  such duct work is performed by the contractor as necessary to
  322  complete an air-distribution system being installed under this
  323  classification, and any duct cleaning and equipment sanitizing
  324  that requires at least a partial disassembling of the system; to
  325  install, maintain, repair, fabricate, alter, extend, or design,
  326  if not prohibited by law, piping and insulation of pipes,
  327  vessels, and ducts; to replace, disconnect, or reconnect power
  328  wiring on the load side of the dedicated existing electrical
  329  disconnect switch; to install, disconnect, and reconnect low
  330  voltage heating, ventilating, and air-conditioning control
  331  wiring; and to install a condensate drain from an air
  332  conditioning unit to an existing safe waste or other approved
  333  disposal other than a direct connection to a sanitary system.
  334  The scope of work for such contractor also includes any
  335  excavation work incidental thereto, but does not include any
  336  work such as liquefied petroleum or natural gas fuel lines
  337  within buildings, except for disconnecting or reconnecting
  338  changeouts of liquefied petroleum or natural gas appliances
  339  within buildings; potable water lines or connections thereto;
  340  sanitary sewer lines; swimming pool piping and filters; or
  341  electrical power wiring. A Class B air-conditioning contractor
  342  may test and evaluate central air-conditioning, refrigeration,
  343  heating, and ventilating systems, including duct work; however,
  344  a mandatory licensing requirement is not established for the
  345  performance of these specific services.
  346         (h) “Class C air-conditioning contractor” means a
  347  contractor whose business is limited to the servicing of air
  348  conditioning, heating, or refrigeration systems, including any
  349  duct cleaning and equipment sanitizing that requires at least a
  350  partial disassembling of the system, and whose certification or
  351  registration, issued pursuant to this part, was valid on October
  352  1, 1988. Only a person who was registered or certified as a
  353  Class C air-conditioning contractor as of October 1, 1988, shall
  354  be so registered or certified after October 1, 1988. However,
  355  the board shall continue to license and regulate those Class C
  356  air-conditioning contractors who held Class C licenses before
  357  October 1, 1988.
  358         (i) “Mechanical contractor” means a contractor whose
  359  services are unlimited in the execution of contracts requiring
  360  the experience, knowledge, and skill to install, maintain,
  361  repair, fabricate, alter, extend, or design, if not prohibited
  362  by law, central air-conditioning, refrigeration, heating, and
  363  ventilating systems, including duct work in connection with a
  364  complete system if such duct work is performed by the contractor
  365  as necessary to complete an air-distribution system, boiler and
  366  unfired pressure vessel systems, lift station equipment and
  367  piping, and all appurtenances, apparatus, or equipment used in
  368  connection therewith, and any duct cleaning and equipment
  369  sanitizing that requires at least a partial disassembling of the
  370  system; to install, maintain, repair, fabricate, alter, extend,
  371  or design, if not prohibited by law, piping, insulation of
  372  pipes, vessels and ducts, pressure and process piping, pneumatic
  373  control piping, gasoline tanks and pump installations and piping
  374  for same, standpipes, air piping, vacuum line piping, oxygen
  375  lines, nitrous oxide piping, ink and chemical lines, fuel
  376  transmission lines, liquefied petroleum gas lines within
  377  buildings, and natural gas fuel lines within buildings; to
  378  replace, disconnect, or reconnect power wiring on the load side
  379  of the dedicated existing electrical disconnect switch; to
  380  install, disconnect, and reconnect low voltage heating,
  381  ventilating, and air-conditioning control wiring; and to install
  382  a condensate drain from an air-conditioning unit to an existing
  383  safe waste or other approved disposal other than a direct
  384  connection to a sanitary system. The scope of work for such
  385  contractor also includes any excavation work incidental thereto,
  386  but does not include any work such as potable water lines or
  387  connections thereto, sanitary sewer lines, swimming pool piping
  388  and filters, or electrical power wiring. A mechanical contractor
  389  may test and evaluate central air-conditioning, refrigeration,
  390  heating, and ventilating systems, including duct work; however,
  391  a mandatory licensing requirement is not established for the
  392  performance of these specific services.
  393         (j) “Commercial pool/spa contractor” means a contractor
  394  whose scope of work involves, but is not limited to, the
  395  construction, repair, water treatment, maintenance, and
  396  servicing of any swimming pool, or hot tub or spa, whether
  397  public, private, or otherwise, regardless of use. The scope of
  398  work includes the installation, repair, or replacement of
  399  existing equipment, any cleaning or equipment sanitizing that
  400  requires at least a partial disassembling, excluding filter
  401  changes, and the installation of new pool/spa equipment,
  402  interior finishes, the installation of package pool heaters, the
  403  installation of all perimeter piping and filter piping, and the
  404  construction of equipment rooms or housing for pool/spa
  405  equipment, and also includes the scope of work of a swimming
  406  pool/spa servicing contractor. The scope of such work does not
  407  include direct connections to a sanitary sewer system or to
  408  potable water lines. The installation, construction,
  409  modification, or replacement of equipment permanently attached
  410  to and associated with the pool or spa for the purpose of water
  411  treatment or cleaning of the pool or spa requires licensure;
  412  however, the usage of such equipment for the purposes of water
  413  treatment or cleaning does not require licensure unless the
  414  usage involves construction, modification, or replacement of
  415  such equipment. Water treatment that does not require such
  416  equipment does not require a license. In addition, a license is
  417  not required for the cleaning of the pool or spa in a way that
  418  does not affect the structural integrity of the pool or spa or
  419  its associated equipment.
  420         (k) “Residential pool/spa contractor” means a contractor
  421  whose scope of work involves, but is not limited to, the
  422  construction, repair, water treatment, maintenance, and
  423  servicing of a residential swimming pool, or hot tub or spa,
  424  regardless of use. The scope of work includes the installation,
  425  repair, or replacement of existing equipment, any cleaning or
  426  equipment sanitizing that requires at least a partial
  427  disassembling, excluding filter changes, and the installation of
  428  new pool/spa equipment, interior finishes, the installation of
  429  package pool heaters, the installation of all perimeter piping
  430  and filter piping, and the construction of equipment rooms or
  431  housing for pool/spa equipment, and also includes the scope of
  432  work of a swimming pool/spa servicing contractor. The scope of
  433  such work does not include direct connections to a sanitary
  434  sewer system or to potable water lines. The installation,
  435  construction, modification, or replacement of equipment
  436  permanently attached to and associated with the pool or spa for
  437  the purpose of water treatment or cleaning of the pool or spa
  438  requires licensure; however, the usage of such equipment for the
  439  purposes of water treatment or cleaning does not require
  440  licensure unless the usage involves construction, modification,
  441  or replacement of such equipment. Water treatment that does not
  442  require such equipment does not require a license. In addition,
  443  a license is not required for the cleaning of the pool or spa in
  444  a way that does not affect the structural integrity of the pool
  445  or spa or its associated equipment.
  446         (l) “Swimming pool/spa servicing contractor” means a
  447  contractor whose scope of work involves, but is not limited to,
  448  the repair, water treatment, maintenance, and servicing of a
  449  swimming pool, or hot tub or spa, whether public or private, or
  450  otherwise, regardless of use. The scope of work includes the
  451  repair or replacement of existing equipment, any sanitation,
  452  chemical balancing, routine maintenance or cleaning, cleaning or
  453  equipment sanitizing that requires at least a partial
  454  disassembling, excluding filter changes, and the installation of
  455  new pool/spa equipment, interior refinishing, the reinstallation
  456  or addition of pool heaters, the repair or replacement of all
  457  perimeter piping and filter piping, the repair of equipment
  458  rooms or housing for pool/spa equipment, and the substantial or
  459  complete draining of a swimming pool, or hot tub or spa, for the
  460  purpose of repair, or renovation, or water treatment. The scope
  461  of such work does not include direct connections to a sanitary
  462  sewer system or to potable water lines. The installation,
  463  construction, modification, substantial or complete disassembly,
  464  or replacement of equipment permanently attached to and
  465  associated with the pool or spa for the purpose of water
  466  treatment or cleaning of the pool or spa requires licensure;
  467  however, the usage of such equipment for the purposes of water
  468  treatment or cleaning does not require licensure unless the
  469  usage involves construction, modification, substantial or
  470  complete disassembly, or replacement of such equipment. Water
  471  treatment that does not require such equipment does not require
  472  a license. In addition, a license is not required for the
  473  cleaning of the pool or spa in a way that does not affect the
  474  structural integrity of the pool or spa or its associated
  475  equipment.
  476         (m) “Plumbing contractor” means a contractor whose services
  477  are unlimited in the plumbing trade and includes contracting
  478  business consisting of the execution of contracts requiring the
  479  experience, financial means, knowledge, and skill to install,
  480  maintain, repair, alter, extend, or, if not prohibited by law,
  481  design plumbing. A plumbing contractor may install, maintain,
  482  repair, alter, extend, or, if not prohibited by law, design the
  483  following without obtaining an additional local regulatory
  484  license, certificate, or registration: sanitary drainage or
  485  storm drainage facilities, water and sewer plants and
  486  substations, venting systems, public or private water supply
  487  systems, septic tanks, drainage and supply wells, swimming pool
  488  piping, irrigation systems, and solar heating water systems and
  489  all appurtenances, apparatus, or equipment used in connection
  490  therewith, including boilers and pressure process piping and
  491  including the installation of water, natural gas, liquefied
  492  petroleum gas and related venting, and storm and sanitary sewer
  493  lines. The scope of work of the plumbing contractor also
  494  includes the design, if not prohibited by law, and installation,
  495  maintenance, repair, alteration, or extension of air-piping,
  496  vacuum line piping, oxygen line piping, nitrous oxide piping,
  497  and all related medical gas systems; fire line standpipes and
  498  fire sprinklers if authorized by law; ink and chemical lines;
  499  fuel oil and gasoline piping and tank and pump installation,
  500  except bulk storage plants; and pneumatic control piping
  501  systems, all in a manner that complies with all plans,
  502  specifications, codes, laws, and regulations applicable. The
  503  scope of work of the plumbing contractor applies to private
  504  property and public property, including any excavation work
  505  incidental thereto, and includes the work of the specialty
  506  plumbing contractor. Such contractor shall subcontract, with a
  507  qualified contractor in the field concerned, all other work
  508  incidental to the work but which is specified as being the work
  509  of a trade other than that of a plumbing contractor. This
  510  definition does not limit the scope of work of any specialty
  511  contractor certified pursuant to s. 489.113(6), and does not
  512  require certification or registration under this part of any
  513  authorized employee of a public natural gas utility or of a
  514  private natural gas utility regulated by the Public Service
  515  Commission when disconnecting and reconnecting water lines in
  516  the servicing or replacement of an existing water heater. A
  517  plumbing contractor may perform drain cleaning and clearing and
  518  install or repair rainwater catchment systems; however, a
  519  mandatory licensing requirement is not established for the
  520  performance of these specific services.
  521         (n) “Underground utility and excavation contractor” means a
  522  contractor whose services are limited to the construction,
  523  installation, and repair, on public or private property, whether
  524  accomplished through open excavations or through other means,
  525  including, but not limited to, directional drilling, auger
  526  boring, jacking and boring, trenchless technologies, wet and dry
  527  taps, grouting, and slip lining, of main sanitary sewer
  528  collection systems, main water distribution systems, storm sewer
  529  collection systems, and the continuation of utility lines from
  530  the main systems to a point of termination up to and including
  531  the meter location for the individual occupancy, sewer
  532  collection systems at property line on residential or single
  533  occupancy commercial properties, or on multioccupancy properties
  534  at manhole or wye lateral extended to an invert elevation as
  535  engineered to accommodate future building sewers, water
  536  distribution systems, or storm sewer collection systems at storm
  537  sewer structures. However, an underground utility and excavation
  538  contractor may install empty underground conduits in rights-of
  539  way, easements, platted rights-of-way in new site development,
  540  and sleeves for parking lot crossings no smaller than 2 inches
  541  in diameter if each conduit system installed is designed by a
  542  licensed professional engineer or an authorized employee of a
  543  municipality, county, or public utility and the installation of
  544  such conduit does not include installation of any conductor
  545  wiring or connection to an energized electrical system. An
  546  underground utility and excavation contractor may not install
  547  piping that is an integral part of a fire protection system as
  548  defined in s. 633.021 beginning at the point where the piping is
  549  used exclusively for such system.
  550         (o) “Solar contractor” means a contractor whose services
  551  consist of the installation, alteration, repair, maintenance,
  552  relocation, or replacement of solar panels for potable solar
  553  water heating systems, swimming pool solar heating systems, and
  554  photovoltaic systems and any appurtenances, apparatus, or
  555  equipment used in connection therewith, whether public, private,
  556  or otherwise, regardless of use. A contractor, certified or
  557  registered pursuant to this chapter, is not required to become a
  558  certified or registered solar contractor or to contract with a
  559  solar contractor in order to provide services enumerated in this
  560  paragraph that are within the scope of the services such
  561  contractors may render under this part.
  562         (p) “Pollutant storage systems contractor” means a
  563  contractor whose services are limited to, and who has the
  564  experience, knowledge, and skill to install, maintain, repair,
  565  alter, extend, or design, if not prohibited by law, and use
  566  materials and items used in the installation, maintenance,
  567  extension, and alteration of, pollutant storage tanks. Any
  568  person installing a pollutant storage tank shall perform such
  569  installation in accordance with the standards adopted pursuant
  570  to s. 376.303.
  571         (q) “Specialty contractor” means a contractor whose scope
  572  of work and responsibility is limited to a particular phase of
  573  construction established in a category adopted by board rule and
  574  whose scope is limited to a subset of the activities described
  575  in one of the paragraphs of this subsection.
  576         Section 8. Effective October 1, 2014, subsection (2) of
  577  section 489.111, Florida Statutes, is amended to read:
  578         489.111 Licensure by examination.—
  579         (2) A person shall be eligible for licensure by examination
  580  if the person:
  581         (a) Is 18 years of age;
  582         (b) Is of good moral character; and
  583         (c) Meets eligibility requirements according to one of the
  584  following criteria:
  585         1. Has received a baccalaureate degree from an accredited
  586  4-year college in the appropriate field of engineering,
  587  architecture, or building construction and has 1 year of proven
  588  experience in the category in which the person seeks to qualify.
  589  For the purpose of this part, a minimum of 2,000 person-hours
  590  shall be used in determining full-time equivalency.
  591         2. Has a total of at least 4 years of active experience as
  592  a worker who has learned the trade by serving an apprenticeship
  593  as a skilled worker who is able to command the rate of a
  594  mechanic in the particular trade or as a foreman who is in
  595  charge of a group of workers and usually is responsible to a
  596  superintendent or a contractor or his or her equivalent,
  597  provided, however, that at least 1 year of active experience
  598  shall be as a foreman.
  599         3. Has a combination of not less than 1 year of experience
  600  as a foreman and not less than 3 years of credits for any
  601  accredited college-level courses; has a combination of not less
  602  than 1 year of experience as a skilled worker, 1 year of
  603  experience as a foreman, and not less than 2 years of credits
  604  for any accredited college-level courses; or has a combination
  605  of not less than 2 years of experience as a skilled worker, 1
  606  year of experience as a foreman, and not less than 1 year of
  607  credits for any accredited college-level courses. All junior
  608  college or community college-level courses shall be considered
  609  accredited college-level courses.
  610         4.a. An active certified residential contractor is eligible
  611  to take the building contractors’ examination if he or she
  612  possesses a minimum of 3 years of proven experience in the
  613  classification in which he or she is certified.
  614         b. An active certified residential contractor is eligible
  615  to take the general contractors’ examination if he or she
  616  possesses a minimum of 4 years of proven experience in the
  617  classification in which he or she is certified.
  618         c. An active certified building contractor is eligible to
  619  take the general contractors’ examination if he or she possesses
  620  a minimum of 4 years of proven experience in the classification
  621  in which he or she is certified.
  622         5.a. An active certified air-conditioning Class C
  623  contractor is eligible to take the air-conditioning Class B
  624  contractors’ examination if he or she possesses a minimum of 3
  625  years of proven experience in the classification in which he or
  626  she is certified.
  627         b. An active certified air-conditioning Class C contractor
  628  is eligible to take the air-conditioning Class A contractors’
  629  examination if he or she possesses a minimum of 4 years of
  630  proven experience in the classification in which he or she is
  631  certified.
  632         c. An active certified air-conditioning Class B contractor
  633  is eligible to take the air-conditioning Class A contractors’
  634  examination if he or she possesses a minimum of 1 year of proven
  635  experience in the classification in which he or she is
  636  certified.
  637         6.a. An active certified swimming pool servicing contractor
  638  is eligible to take the residential swimming pool contractors’
  639  examination if he or she possesses a minimum of 3 years of
  640  proven experience in the classification in which he or she is
  641  certified.
  642         b. An active certified swimming pool servicing contractor
  643  is eligible to take the swimming pool commercial contractors’
  644  examination if he or she possesses a minimum of 4 years of
  645  proven experience in the classification in which he or she is
  646  certified.
  647         c. An active certified residential swimming pool contractor
  648  is eligible to take the commercial swimming pool contractors’
  649  examination if he or she possesses a minimum of 1 year of proven
  650  experience in the classification in which he or she is
  651  certified.
  652         d. An applicant is eligible to take the swimming pool/spa
  653  servicing contractors’ examination if he or she has
  654  satisfactorily completed 60 hours of instruction in courses and
  655  20 hours of field hands-on instruction related to the scope of
  656  work covered by that license and approved by the Construction
  657  Industry Licensing Board by rule and has at least 1 year of
  658  proven experience related to the scope of work of such a
  659  contractor.
  660         Section 9. The amendments to s. 489.113(2), Florida
  661  Statutes, by section 11 of chapter 2012-13, Laws of Florida, are
  662  remedial in nature and intended to clarify existing law. This
  663  section applies retroactively to any action initiated or pending
  664  on or after March 23, 2012.
  665         Section 10. Paragraphs (c) and (f) of subsection (5) and
  666  subsection (6) of section 489.127, Florida Statutes, are amended
  667  to read:
  668         489.127 Prohibitions; penalties.—
  669         (5) Each county or municipality may, at its option,
  670  designate one or more of its code enforcement officers, as
  671  defined in chapter 162, to enforce, as set out in this
  672  subsection, the provisions of subsection (1) and s. 489.132(1)
  673  against persons who engage in activity for which a county or
  674  municipal certificate of competency or license or state
  675  certification or registration is required.
  676         (c) The local governing body of the county or municipality
  677  may is authorized to enforce codes and ordinances against
  678  unlicensed contractors under the provisions of this subsection
  679  and may enact an ordinance establishing procedures for
  680  implementing this subsection, including a schedule of penalties
  681  to be assessed by the code enforcement officer. The maximum
  682  civil penalty which may be levied may shall not exceed $2,000
  683  $500. Moneys collected pursuant to this subsection shall be
  684  retained locally, as provided for by local ordinance, and may be
  685  set aside in a specific fund to support future enforcement
  686  activities against unlicensed contractors.
  687         (f) If the enforcement or licensing board or designated
  688  special magistrate finds that a violation exists, the
  689  enforcement or licensing board or designated special magistrate
  690  may order the violator to pay a civil penalty of not less than
  691  the amount set forth on the citation but not more than $1,500
  692  $1,000 per day for each violation. In determining the amount of
  693  the penalty, the enforcement or licensing board or designated
  694  special magistrate shall consider the following factors:
  695         1. The gravity of the violation.
  696         2. Any actions taken by the violator to correct the
  697  violation.
  698         3. Any previous violations committed by the violator.
  699         (6) Local building departments may collect outstanding
  700  fines against registered or certified contractors issued by the
  701  Construction Industry Licensing Board and may retain 75 25
  702  percent of the fines they are able to collect, provided that
  703  they transmit 25 75 percent of the fines they are able to
  704  collect to the department according to a procedure to be
  705  determined by the department.
  706         Section 11. Paragraph (a) of subsection (7) of section
  707  489.131, Florida Statutes, is amended to read:
  708         489.131 Applicability.—
  709         (7)(a) It is the policy of the state that the purpose of
  710  regulation is to protect the public by attaining compliance with
  711  the policies established in law. Fines and other penalties are
  712  provided in order to ensure compliance; however, the collection
  713  of fines and the imposition of penalties are intended to be
  714  secondary to the primary goal of attaining compliance with state
  715  laws and local jurisdiction ordinances. It is the intent of the
  716  Legislature that a local jurisdiction agency charged with
  717  enforcing regulatory laws shall issue a notice of noncompliance
  718  as its first response to a minor violation of a regulatory law
  719  in any instance in which it is reasonable to assume that the
  720  violator was unaware of such a law or unclear as to how to
  721  comply with it. A violation of a regulatory law is a “minor
  722  violation” if it does not result in economic or physical harm to
  723  a person or adversely affect the public health, safety, or
  724  welfare or create a significant threat of such harm. A “notice
  725  of noncompliance” is a notification by the local jurisdiction
  726  agency charged with enforcing the ordinance, which is issued to
  727  the licensee that is subject to the ordinance. A notice of
  728  noncompliance should not be accompanied with a fine or other
  729  disciplinary penalty. It should identify the specific ordinance
  730  that is being violated, provide information on how to comply
  731  with the ordinance, and specify a reasonable time for the
  732  violator to comply with the ordinance. Failure of a licensee to
  733  take action correcting the violation within a set period of time
  734  would then result in the institution of further disciplinary
  735  proceedings.
  736         Section 12. Section 489.514, Florida Statutes, is amended
  737  to read:
  738         489.514 Certification for registered contractors;
  739  grandfathering provisions.—
  740         (1) The board shall, upon receipt of a completed
  741  application, appropriate fee, and proof of compliance with the
  742  provisions of this section, issue:
  743         (a) To an applying registered electrical contractor, a
  744  certificate as an electrical contractor, as defined in s.
  745  489.505(12); or
  746         (b) To an applying registered alarm system contractor, a
  747  certificate in the matching alarm system contractor category, as
  748  defined in s. 489.505(2)(a) or (b); or
  749         (c) To an applying registered electrical specialty
  750  contractor, a certificate in the matching electrical specialty
  751  contractor category, as defined in s. 489.505(19).
  752         (2) Any contractor registered under this part who makes
  753  application under this section to the board shall meet each of
  754  the following requirements for certification:
  755         (a) Currently holds a valid registered local license in the
  756  category of electrical contractor, alarm system contractor, or
  757  electrical specialty contractor.
  758         (b) Has, for that category, passed a written, proctored
  759  examination that the board finds to be substantially similar to
  760  the examination required to be licensed as a certified
  761  contractor under this part. For purposes of this subsection, a
  762  written, proctored examination such as that produced by the
  763  National Assessment Institute, Block and Associates, NAI/Block,
  764  Experior Assessments, Professional Testing, Inc., or Assessment
  765  Systems, Inc., shall be considered to be substantially similar
  766  to the examination required to be licensed as a certified
  767  contractor. The board may not impose or make any requirements
  768  regarding the nature or content of these cited examinations.
  769         (c) Has at least 5 years of experience as a contractor in
  770  that contracting category, or as an inspector or building
  771  administrator with oversight over that category, at the time of
  772  application. For contractors, only time periods in which the
  773  contractor license is active and the contractor is not on
  774  probation shall count toward the 5 years required under this
  775  subsection.
  776         (d) Has not had his or her contractor’s license revoked at
  777  any time, had his or her contractor’s license suspended in the
  778  last 5 years, or been assessed a fine in excess of $500 in the
  779  last 5 years.
  780         (e) Is in compliance with the insurance and financial
  781  responsibility requirements in s. 489.515(1)(b).
  782         (3) An applicant must make application by November 1, 2015
  783  2004, to be licensed pursuant to this section.
  784         Section 13. Paragraph (c) of subsection (4) of section
  785  489.531, Florida Statutes, is amended to read:
  786         489.531 Prohibitions; penalties.—
  787         (4) Each county or municipality may, at its option,
  788  designate one or more of its code enforcement officers, as
  789  defined in chapter 162, to enforce, as set out in this
  790  subsection, the provisions of subsection (1) against persons who
  791  engage in activity for which county or municipal certification
  792  is required.
  793         (c) The local governing body of the county or municipality
  794  may is authorized to enforce codes and ordinances against
  795  unlicensed contractors under the provisions of this section and
  796  may enact an ordinance establishing procedures for implementing
  797  this section, including a schedule of penalties to be assessed
  798  by the code enforcement officers. The maximum civil penalty
  799  which may be levied may shall not exceed $2,000 $500. Moneys
  800  collected pursuant to this section shall be retained locally as
  801  provided for by local ordinance and may be set aside in a
  802  specific fund to support future enforcement activities against
  803  unlicensed contractors.
  804         Section 14. Present subsections (6) through (11) of section
  805  553.71, Florida Statutes, are redesignated as subsections (7)
  806  through (12), respectively, and a new subsection (6) is added to
  807  that section, to read:
  808         553.71 Definitions.—As used in this part, the term:
  809         (6) “Local technical amendment” means an action by a local
  810  governing authority that results in a technical change to the
  811  Florida Building Code and its local enforcement.
  812         Section 15. Subsection (17) of section 553.73, Florida
  813  Statutes, is amended to read:
  814         553.73 Florida Building Code.—
  815         (17) A provision The provisions of section R313 of the most
  816  current version of the International Residential Code relating
  817  to mandated fire sprinklers may not be incorporated into the
  818  Florida Building Code as adopted by the Florida Building
  819  Commission and may not be adopted as a local amendment to the
  820  Florida Building Code. This subsection does not prohibit the
  821  application of cost-saving incentives for residential fire
  822  sprinklers that are authorized in the International Residential
  823  Code upon a mutual agreement between the builder and the code
  824  official. This subsection does not apply to a local government
  825  that has a lawfully adopted ordinance relating to fire
  826  sprinklers which has been in effect since January 1, 2010.
  827         Section 16. Subsection (1) of section 553.74, Florida
  828  Statutes, is amended to read:
  829         553.74 Florida Building Commission.—
  830         (1) The Florida Building Commission is created and located
  831  within the Department of Business and Professional Regulation
  832  for administrative purposes. Members are shall be appointed by
  833  the Governor subject to confirmation by the Senate. The
  834  commission is shall be composed of 26 25 members, consisting of
  835  the following:
  836         (a) One architect registered to practice in this state and
  837  actively engaged in the profession. The American Institute of
  838  Architects, Florida Section, is encouraged to recommend a list
  839  of candidates for consideration.
  840         (b) One structural engineer registered to practice in this
  841  state and actively engaged in the profession. The Florida
  842  Engineering Society is encouraged to recommend a list of
  843  candidates for consideration.
  844         (c) One air-conditioning or mechanical contractor certified
  845  to do business in this state and actively engaged in the
  846  profession. The Florida Air Conditioning Contractors
  847  Association, the Florida Refrigeration and Air Conditioning
  848  Contractors Association, and the Mechanical Contractors
  849  Association of Florida are encouraged to recommend a list of
  850  candidates for consideration.
  851         (d) One electrical contractor certified to do business in
  852  this state and actively engaged in the profession. The Florida
  853  Electrical Contractors Association and the National Electrical
  854  Contractors Association, Florida Chapter, are encouraged to
  855  recommend a list of candidates for consideration.
  856         (e) One member from fire protection engineering or
  857  technology who is actively engaged in the profession. The
  858  Florida Chapter of the Society of Fire Protection Engineers and
  859  the Florida Fire Marshals and Inspectors Association are
  860  encouraged to recommend a list of candidates for consideration.
  861         (f) One general contractor certified to do business in this
  862  state and actively engaged in the profession. The Associated
  863  Builders and Contractors of Florida, the Florida Associated
  864  General Contractors Council, and the Union Contractors
  865  Association are encouraged to recommend a list of candidates for
  866  consideration.
  867         (g) One plumbing contractor licensed to do business in this
  868  state and actively engaged in the profession. The Florida
  869  Association of Plumbing, Heating, and Cooling Contractors is
  870  encouraged to recommend a list of candidates for consideration.
  871         (h) One roofing or sheet metal contractor certified to do
  872  business in this state and actively engaged in the profession.
  873  The Florida Roofing, Sheet Metal, and Air Conditioning
  874  Contractors Association and the Sheet Metal and Air Conditioning
  875  Contractors National Association are encouraged to recommend a
  876  list of candidates for consideration.
  877         (i) One residential contractor licensed to do business in
  878  this state and actively engaged in the profession. The Florida
  879  Home Builders Association is encouraged to recommend a list of
  880  candidates for consideration.
  881         (j) Three members who are municipal or district codes
  882  enforcement officials, one of whom is also a fire official. The
  883  Building Officials Association of Florida and the Florida Fire
  884  Marshals and Inspectors Association are encouraged to recommend
  885  a list of candidates for consideration.
  886         (k) One member who represents the Department of Financial
  887  Services.
  888         (l) One member who is a county codes enforcement official.
  889  The Building Officials Association of Florida is encouraged to
  890  recommend a list of candidates for consideration.
  891         (m) One member of a Florida-based organization of persons
  892  with disabilities or a nationally chartered organization of
  893  persons with disabilities with chapters in this state.
  894         (n) One member of the manufactured buildings industry who
  895  is licensed to do business in this state and is actively engaged
  896  in the industry. The Florida Manufactured Housing Association is
  897  encouraged to recommend a list of candidates for consideration.
  898         (o) One mechanical or electrical engineer registered to
  899  practice in this state and actively engaged in the profession.
  900  The Florida Engineering Society is encouraged to recommend a
  901  list of candidates for consideration.
  902         (p) One member who is a representative of a municipality or
  903  a charter county. The Florida League of Cities and the Florida
  904  Association of Counties are encouraged to recommend a list of
  905  candidates for consideration.
  906         (q) One member of the building products manufacturing
  907  industry who is authorized to do business in this state and is
  908  actively engaged in the industry. The Florida Building Material
  909  Association, the Florida Concrete and Products Association, and
  910  the Fenestration Manufacturers Association are encouraged to
  911  recommend a list of candidates for consideration.
  912         (r) One member who is a representative of the building
  913  owners and managers industry who is actively engaged in
  914  commercial building ownership or management. The Building Owners
  915  and Managers Association is encouraged to recommend a list of
  916  candidates for consideration.
  917         (s) One member who is a representative of the insurance
  918  industry. The Florida Insurance Council is encouraged to
  919  recommend a list of candidates for consideration.
  920         (t) One member who is a representative of public education.
  921         (u) One member who is a swimming pool contractor licensed
  922  to do business in this state and actively engaged in the
  923  profession. The Florida Swimming Pool Association and the United
  924  Pool and Spa Association are encouraged to recommend a list of
  925  candidates for consideration.
  926         (v) One member who is a representative of the green
  927  building industry and who is a third-party commission agent, a
  928  Florida board member of the United States Green Building Council
  929  or Green Building Initiative, a professional who is accredited
  930  under the International Green Construction Code (IGCC), or a
  931  professional who is accredited under Leadership in Energy and
  932  Environmental Design (LEED).
  933         (w) One member who is a representative of a natural gas
  934  distribution system and who is actively engaged in the
  935  distribution of natural gas in this state. The Florida Natural
  936  Gas Association is encouraged to recommend a list of candidates
  937  for consideration.
  938         (x)(w) One member who shall be the chair.
  939  
  940         Any person serving on the commission under paragraph (c) or
  941  paragraph (h) on October 1, 2003, and who has served less than
  942  two full terms is eligible for reappointment to the commission
  943  regardless of whether he or she meets the new qualification.
  944         Section 17. Subsection (18) is added to section 553.79,
  945  Florida Statutes, to read:
  946         553.79 Permits; applications; issuance; inspections.—
  947         (18) For the purpose of inspection and record retention,
  948  site plans for a building may be maintained in the form of an
  949  electronic copy at the worksite. These plans must be open to
  950  inspection by the building official or a duly authorized
  951  representative, as required by the Florida Building Code.
  952         Section 18. Paragraph (a) of subsection (5) of section
  953  553.842, Florida Statutes, is amended to read:
  954         553.842 Product evaluation and approval.—
  955         (5) Statewide approval of products, methods, or systems of
  956  construction may be achieved by one of the following methods.
  957  One of these methods must be used by the commission to approve
  958  the following categories of products: panel walls, exterior
  959  doors, roofing, skylights, windows, shutters, impact protective
  960  systems, and structural components as established by the
  961  commission by rule. A product may not be advertised, sold,
  962  offered, provided, distributed, or marketed as hurricane,
  963  windstorm, or impact protection from wind-borne debris from a
  964  hurricane or windstorm unless it is approved pursuant to this
  965  section or s. 553.8425. Any person who advertises, sells,
  966  offers, provides, distributes, or markets a product as
  967  hurricane, windstorm, or impact protection from wind-borne
  968  debris without such approval is subject to the Florida Deceptive
  969  and Unfair Trade Practices Act under part II of chapter 501
  970  brought by the enforcing authority as defined in s. 501.203.
  971         (a) Products for which the code establishes standardized
  972  testing or comparative or rational analysis methods shall be
  973  approved by submittal and validation of one of the following
  974  reports or listings indicating that the product or method or
  975  system of construction was in compliance with the Florida
  976  Building Code and that the product or method or system of
  977  construction is, for the purpose intended, at least equivalent
  978  to that required by the Florida Building Code:
  979         1. A certification mark or listing of an approved
  980  certification agency, which may be used only for products for
  981  which the code designates standardized testing;
  982         2. A test report from an approved testing laboratory;
  983         3. A product evaluation report based upon testing or
  984  comparative or rational analysis, or a combination thereof, from
  985  an approved product evaluation entity; or
  986         4. A product evaluation report based upon testing or
  987  comparative or rational analysis, or a combination thereof,
  988  developed and signed and sealed by a professional engineer or
  989  architect, licensed in this state.
  990  
  991         A product evaluation report or a certification mark or
  992  listing of an approved certification agency which demonstrates
  993  that the product or method or system of construction complies
  994  with the Florida Building Code for the purpose intended is
  995  equivalent to a test report and test procedure referenced in the
  996  Florida Building Code. An application for state approval of a
  997  product under subparagraph 1. or 3. must be approved by the
  998  department after the commission staff or a designee verifies
  999  that the application and related documentation are complete.
 1000  This verification must be completed within 10 business days
 1001  after receipt of the application. Upon approval by the
 1002  department, the product shall be immediately added to the list
 1003  of state-approved products maintained under subsection (13).
 1004  Approvals by the department shall be reviewed and ratified by
 1005  the commission’s program oversight committee except for a
 1006  showing of good cause that a review by the full commission is
 1007  necessary. The commission shall adopt rules providing means to
 1008  cure deficiencies identified within submittals for products
 1009  approved under this paragraph.
 1010         Section 19. Section 553.901, Florida Statutes, is amended
 1011  to read:
 1012         553.901 Purpose of thermal efficiency code.—The Department
 1013  of Business and Professional Regulation shall prepare a thermal
 1014  efficiency code to provide for a statewide uniform standard for
 1015  energy efficiency in the thermal design and operation of all
 1016  buildings statewide, consistent with energy conservation goals,
 1017  and to best provide for public safety, health, and general
 1018  welfare. The Florida Building Commission shall adopt the Florida
 1019  Building Code-Energy Conservation Florida Energy Efficiency Code
 1020  for Building Construction within the Florida Building Code, and
 1021  shall modify, revise, update, and maintain the code to implement
 1022  the provisions of this thermal efficiency code and amendments
 1023  thereto, in accordance with the procedures of chapter 120. The
 1024  department shall, at least triennially, determine the most cost
 1025  effective energy-saving equipment and techniques available and
 1026  report its determinations to the commission, which shall update
 1027  the code to incorporate such equipment and techniques. The
 1028  proposed changes shall be made available for public review and
 1029  comment no later than 6 months before prior to code
 1030  implementation. The term “cost-effective,” as used in for the
 1031  purposes of this part, means shall be construed to mean cost
 1032  effective to the consumer.
 1033         Section 20. Section 553.902, Florida Statutes, is reordered
 1034  and amended to read:
 1035         553.902 Definitions.—As used in For the purposes of this
 1036  part, the term:
 1037         (2)(1) “Exempted building” means:
 1038         (a) A Any building or portion thereof whose peak design
 1039  rate of energy usage for all purposes is less than 1 watt (3.4
 1040  Btu per hour) per square foot of floor area for all purposes.
 1041         (b) A Any building that which is neither heated nor cooled
 1042  by a mechanical system designed to control or modify the indoor
 1043  temperature and powered by electricity or fossil fuels.
 1044         (c) A Any building for which federal mandatory standards
 1045  preempt state energy codes.
 1046         (d) A Any historical building as described in s.
 1047  267.021(3).
 1048  
 1049         The Florida Building Commission may recommend to the
 1050  Legislature additional types of buildings which should be
 1051  exempted from compliance with the Florida Building Code-Energy
 1052  Conservation Florida Energy Efficiency Code for Building
 1053  Construction.
 1054         (4)(2) “HVAC” means a system of heating, ventilating, and
 1055  air-conditioning.
 1056         (6)(3) “Renovated building” means a residential or
 1057  nonresidential building undergoing alteration that varies or
 1058  changes insulation, HVAC systems, water heating systems, or
 1059  exterior envelope conditions, if provided the estimated cost of
 1060  renovation exceeds 30 percent of the assessed value of the
 1061  structure.
 1062         (5)(4) “Local enforcement agency” means the agency of local
 1063  government which has the authority to make inspections of
 1064  buildings and to enforce the Florida Building Code. The term It
 1065  includes any agency within the definition of s. 553.71(5).
 1066         (3)(5) “Exterior envelope physical characteristics” means
 1067  the physical nature of those elements of a building which
 1068  enclose conditioned spaces through which energy may be
 1069  transferred to or from the exterior.
 1070         (1)(6) “Energy performance level” means the indicator of
 1071  the energy-related performance of a building, including, but not
 1072  limited to, the levels of insulation, the amount and type of
 1073  glass, and the HVAC and water heating system efficiencies.
 1074         Section 21. Section 553.903, Florida Statutes, is amended
 1075  to read:
 1076         553.903 Applicability.—This part applies shall apply to all
 1077  new and renovated buildings in the state, except exempted
 1078  buildings, for which building permits are obtained after March
 1079  15, 1979, and to the installation or replacement of building
 1080  systems and components with new products for which thermal
 1081  efficiency standards are set by the Florida Building Code-Energy
 1082  Conservation Florida Energy Efficiency Code for Building
 1083  Construction. The provisions of this part shall constitute a
 1084  statewide uniform code.
 1085         Section 22. Section 553.904, Florida Statutes, is amended
 1086  to read:
 1087         553.904 Thermal efficiency standards for new nonresidential
 1088  buildings.—Thermal designs and operations for new nonresidential
 1089  buildings for which building permits are obtained after March
 1090  15, 1979, must shall at a minimum take into account exterior
 1091  envelope physical characteristics, including thermal mass; HVAC,
 1092  service water heating, energy distribution, lighting, energy
 1093  managing, and auxiliary systems design and selection; and HVAC,
 1094  service water heating, energy distribution, lighting, energy
 1095  managing, and auxiliary equipment performance, and are shall not
 1096  be required to meet standards more stringent than the provisions
 1097  of the Florida Building Code-Energy Conservation Florida Energy
 1098  Efficiency Code for Building Construction.
 1099         Section 23. Section 553.905, Florida Statutes, is amended
 1100  to read:
 1101         553.905 Thermal efficiency standards for new residential
 1102  buildings.—Thermal designs and operations for new residential
 1103  buildings for which building permits are obtained after March
 1104  15, 1979, must shall at a minimum take into account exterior
 1105  envelope physical characteristics, HVAC system selection and
 1106  configuration, HVAC equipment performance, and service water
 1107  heating design and equipment selection and are shall not be
 1108  required to meet standards more stringent than the provisions of
 1109  the Florida Building Code-Energy Conservation Florida Energy
 1110  Efficiency Code for Building Construction. HVAC equipment
 1111  mounted in an attic or a garage is shall not be required to have
 1112  supplemental insulation in addition to that installed by the
 1113  manufacturer. All new residential buildings, except those herein
 1114  exempted, must shall have insulation in ceilings rated at R-19
 1115  or more, space permitting. Thermal efficiency standards do not
 1116  apply to a building of less than 1,000 square feet which is not
 1117  primarily used as a principal residence and which is constructed
 1118  and owned by a natural person for hunting or similar
 1119  recreational purposes; however, no such person may not build
 1120  more than one exempt building in any 12-month period.
 1121         Section 24. Section 553.906, Florida Statutes, is amended
 1122  to read:
 1123         553.906 Thermal efficiency standards for renovated
 1124  buildings.—Thermal designs and operations for renovated
 1125  buildings for which building permits are obtained after March
 1126  15, 1979, must shall take into account insulation; windows;
 1127  infiltration; and HVAC, service water heating, energy
 1128  distribution, lighting, energy managing, and auxiliary systems
 1129  design and equipment selection and performance. Such buildings
 1130  are shall not be required to meet standards more stringent than
 1131  the provisions of the Florida Building Code-Energy Conservation
 1132  Florida Energy Efficiency Code for Building Construction. These
 1133  standards apply only to those portions of the structure which
 1134  are actually renovated.
 1135         Section 25. Section 553.912, Florida Statutes, is amended
 1136  to read:
 1137         553.912 Air conditioners.—All air conditioners that are
 1138  sold or installed in the state must shall meet the minimum
 1139  efficiency ratings of the Florida Building Code-Energy
 1140  Conservation Energy Efficiency Code for Building Construction.
 1141  These efficiency ratings must shall be minimums and may be
 1142  updated in the Florida Building Code-Energy Conservation Florida
 1143  Energy Efficiency Code for Building Construction by the
 1144  department in accordance with s. 553.901, following its
 1145  determination that more cost-effective energy-saving equipment
 1146  and techniques are available. It is the intent of the
 1147  Legislature that all replacement air-conditioning systems in
 1148  residential applications be installed using energy-saving,
 1149  quality installation procedures, including, but not limited to,
 1150  equipment sizing analysis and duct inspection. Notwithstanding
 1151  this section, existing heating and cooling equipment in
 1152  residential applications need not meet the minimum equipment
 1153  efficiencies, including system sizing and duct sealing.
 1154         Section 26. Section 553.991, Florida Statutes, is amended
 1155  to read:
 1156         553.991 Purpose.—The purpose of this part is to identify
 1157  systems provide for a statewide uniform system for rating the
 1158  energy efficiency of buildings. It is in the interest of the
 1159  state to encourage the consideration of the energy-efficiency
 1160  rating systems system in the market so as to provide market
 1161  rewards for energy-efficient buildings and to those persons or
 1162  companies designing, building, or selling energy-efficient
 1163  buildings.
 1164         Section 27. Section 553.992, Florida Statutes, is repealed.
 1165         Section 28. Section 553.993, Florida Statutes, is amended
 1166  to read:
 1167         553.993 Definitions.—For purposes of this part:
 1168         (1) “Acquisition” means to gain the sole or partial use of
 1169  a building through a purchase agreement.
 1170         (2) “Builder” means the primary contractor who possesses
 1171  the requisite skill, knowledge, and experience, and has the
 1172  responsibility, to supervise, direct, manage, and control the
 1173  contracting activities of the business organization with which
 1174  she or he is connected and who has the responsibility to
 1175  supervise, direct, manage, and control the construction work on
 1176  a job for which she or he has obtained the building permit.
 1177  Construction work includes, but is not limited to, foundation,
 1178  framing, wiring, plumbing, and finishing work.
 1179         (3) “Building energy-efficiency rating system” means a
 1180  whole building energy evaluation system established by the
 1181  Residential Energy Services Network, the Commercial Energy
 1182  Services Network, the Building Performance Institute, or the
 1183  Florida Solar Energy Center.
 1184         (4)(3) “Designer” means the architect, engineer, landscape
 1185  architect, builder, interior designer, or other person who
 1186  performs the actual design work or under whose direct
 1187  supervision and responsible charge the construction documents
 1188  are prepared.
 1189         (5) “Energy auditor” means a trained and certified
 1190  professional who conducts energy evaluations of an existing
 1191  building and uses tools to identify the building’s current
 1192  energy usage and the condition of the building and equipment.
 1193         (6) “Energy-efficiency rating” means an unbiased indication
 1194  of a building’s relative energy efficiency based on consistent
 1195  inspection procedures, operating assumptions, climate data, and
 1196  calculation methods.
 1197         (7) “Energy rater” means an individual certified by a
 1198  building energy-efficiency rating system to perform building
 1199  energy-efficiency ratings for the building type and in the
 1200  rating class for which the rater is certified.
 1201         (8)(4) “New building” means commercial occupancy buildings
 1202  permitted for construction after January 1, 1995, and
 1203  residential occupancy buildings permitted for construction after
 1204  January 1, 1994.
 1205         (9)(5) “Public building” means a building comfort
 1206  conditioned for occupancy that is owned or leased by the state,
 1207  a state agency, or a governmental subdivision, including, but
 1208  not limited to, a city, county, or school district.
 1209         Section 29. Section 553.994, Florida Statutes, is amended
 1210  to read:
 1211         553.994 Applicability.—Building energy-efficiency The
 1212  rating systems system shall apply to all public, commercial, and
 1213  residential buildings in the state.
 1214         Section 30. Section 553.995, Florida Statutes, is amended
 1215  to read:
 1216         553.995 Energy-efficiency ratings for buildings.—
 1217         (1) Building The energy-efficiency rating systems must,
 1218  system shall at a minimum:
 1219         (a) Provide a uniform rating scale of the efficiency of
 1220  buildings based on annual energy usage.
 1221         (a)(b) Take into account local climate conditions,
 1222  construction practices, and building use.
 1223         (b)(c) Be compatible with standard federal rating systems
 1224  and state building codes and standards, where applicable, and
 1225  shall satisfy the requirements of s. 553.9085 with respect to
 1226  residential buildings and s. 255.256 with respect to state
 1227  buildings.
 1228         (c)(2)The energy-efficiency rating system adopted by the
 1229  department shall Provide a means of analyzing and comparing the
 1230  relative energy efficiency of buildings upon the sale of new or
 1231  existing residential, public, or commercial buildings.
 1232         (3) The department shall establish a voluntary working
 1233  group of persons interested in the energy-efficiency rating
 1234  system or energy efficiency, including, but not limited to, such
 1235  persons as electrical engineers, mechanical engineers,
 1236  architects, public utilities, and builders. The interest group
 1237  shall advise the department in the development of the energy
 1238  efficiency rating system and shall assist the department in the
 1239  implementation of the rating system by coordinating educational
 1240  programs for designers, builders, businesses, and other
 1241  interested persons to assist compliance and to facilitate
 1242  incorporation of the rating system into existing practices.
 1243         (2)(a)(4)The department shall develop a training and
 1244  certification program to certify raters. In addition to the
 1245  department, Ratings may be conducted by a any local government
 1246  or private entity if, provided that the appropriate persons have
 1247  completed the necessary training established by the applicable
 1248  building energy-efficiency rating system and have been certified
 1249  by the department.
 1250         (b) The Department of Management Services shall rate state
 1251  owned or state-leased buildings if, provided that the
 1252  appropriate persons have completed the necessary training
 1253  established by the applicable building energy-efficiency rating
 1254  system and have been certified by the Department of Business and
 1255  Professional Regulation.
 1256         (c) A state agency that which has building construction
 1257  regulation authority may rate its own buildings and those it is
 1258  responsible for, if the appropriate persons have completed the
 1259  necessary training established by the applicable building
 1260  energy-efficiency rating system and have been certified by the
 1261  Department of Business and Professional Regulation. The
 1262  Department of Business and Professional Regulation may charge a
 1263  fee not to exceed the costs for the training and certification
 1264  of raters. The department shall by rule set the appropriate
 1265  charges for raters to charge for energy ratings, not to exceed
 1266  the actual costs.
 1267         Section 31. Section 553.996, Florida Statutes, is amended
 1268  to read:
 1269         553.996 Energy-efficiency information provided by building
 1270  energy-efficiency rating systems providers brochure.—A
 1271  prospective purchaser of real property with a building for
 1272  occupancy located thereon shall be provided with a copy of an
 1273  information brochure, at the time of or before prior to the
 1274  purchaser’s execution of the contract for sale and purchase
 1275  which notifies, notifying the purchaser of the option for an
 1276  energy-efficiency rating on the building. Building energy
 1277  efficiency rating system providers identified in this part shall
 1278  prepare such information and make it available for distribution
 1279  Such brochure shall be prepared, made available for
 1280  distribution, and provided at no cost by the department. Such
 1281  brochure shall contain information relevant to that class of
 1282  building must include, including, but need not be limited to:
 1283         (1) How to analyze the building’s energy-efficiency rating.
 1284         (2) Comparisons to statewide averages for new and existing
 1285  construction of that class.
 1286         (3) Information concerning methods to improve the
 1287  building’s energy-efficiency rating.
 1288         (4) A notice to residential purchasers that the energy
 1289  efficiency rating may qualify the purchaser for an energy
 1290  efficient mortgage from lending institutions.
 1291         Section 32. Subsection (2) of section 553.997, Florida
 1292  Statutes, is amended to read:
 1293         553.997 Public buildings.—
 1294         (2) The department, together with other State agencies
 1295  having building construction and maintenance responsibilities,
 1296  shall make available energy-efficiency practices information to
 1297  be used by individuals involved in the design, construction,
 1298  retrofitting, and maintenance of buildings for state and local
 1299  governments.
 1300         Section 33. Section 553.998, Florida Statutes, is amended
 1301  to read:
 1302         553.998 Compliance.—All ratings must shall be determined
 1303  using tools and procedures developed by the systems recognized
 1304  under this part adopted by the department by rule in accordance
 1305  with chapter 120 and must shall be certified by the rater as
 1306  accurate and correct and in compliance with procedures of the
 1307  system under which the rater is certified adopted by the
 1308  department by rule in accordance with chapter 120.
 1309         Section 34. The sums of $119,618 in recurring funds and
 1310  $263,143 in nonrecurring funds are appropriated from the
 1311  Professional Regulation Trust to the Department of Business and
 1312  Professional Regulation for the implementation of this act
 1313  during the 2013-2014 fiscal year.
 1314         Section 35. Except as otherwise explicitly stated
 1315  elsewhere, this act shall take effect July 1, 2013.
 1316  
 1317  ================= T I T L E  A M E N D M E N T ================
 1318         And the title is amended as follows:
 1319         Delete everything before the enacting clause
 1320  and insert:
 1321                        A bill to be entitled                      
 1322         An act relating to building construction; amending s.
 1323         162.12, F.S.; revising notice requirements in the
 1324         Local Government Code Enforcement Boards Act;
 1325         amending ss. 255.20 and 255.2575, F.S.; requiring
 1326         governmental entities to specify certain products
 1327         associated with public works projects; providing for
 1328         applicability; amending s. 255.257, F.S.; requiring
 1329         state agencies to use certain building rating systems
 1330         and building codes for each new construction and
 1331         renovation project; amending s. 381.0065, F.S.;
 1332         specifying that certain actions relating to onsite
 1333         sewage treatment and removal are not required if a
 1334         bedroom is not added during a remodeling addition or
 1335         modification to a single-family home; prohibiting a
 1336         remodeling addition or modification from certain
 1337         coverage or encroachment; authorizing a local health
 1338         board to review specific plans; requiring a review to
 1339         be completed within a specific time period after
 1340         receipt of specific plans; creating s. 489.103, F.S.;
 1341         providing for additional exemptions; amending s.
 1342         489.105, F.S.; revising definitions; amending s.
 1343         489.111, F.S.; revising eligibility criteria to take
 1344         the swimming pool/spa examination; providing that
 1345         amendments to s. 489.113(2), F.S., enacted in s. 11,
 1346         ch. 2012-13, Laws of Florida, are remedial and
 1347         intended to clarify existing law; providing for
 1348         retroactivity; amending s. 489.127, F.S.; revising
 1349         civil penalties; authorizing a local building
 1350         department to retain 75 percent of certain fines
 1351         collected if it transmits 25 percent to the Department
 1352         of Business and Professional Regulation; amending s.
 1353         489.131, F.S.; deleting legislative intent referring
 1354         to a local agency’s enforcement of regulatory laws;
 1355         deleting the definitions of “minor violation” and
 1356         “notice of noncompliance”; deleting provisions that
 1357         provide for what a notice of noncompliance should or
 1358         should not include; deleting a provision that provides
 1359         for further disciplinary proceedings for certain
 1360         licensees; amending s. 489.514, F.S.; extending the
 1361         date by which an applicant must make application for a
 1362         license to be grandfathered; amending s. 489.531,
 1363         F.S.; revising a maximum civil penalty; amending s.
 1364         553.71, F.S.; providing a definition for the term
 1365         “local technical amendment”; amending s. 553.73, F.S.;
 1366         prohibiting any provision of the International
 1367         Residential Code relating to mandated fire sprinklers
 1368         from incorporation into the Florida Building Code;
 1369         amending s. 553.74, F.S.; revising membership of the
 1370         Florida Building Commission; amending s. 553.79, F.S.;
 1371         authorizing a site plan to be maintained at the
 1372         worksite as an electronic copy; requiring the copy to
 1373         be open to inspection by certain officials; amending
 1374         s. 553.842, F.S.; requiring an application for state
 1375         approval of a certain product to be approved by the
 1376         department after the application and related
 1377         documentation are complete; amending ss. 553.901,
 1378         553.902, 553.903, 553.904, 553.905, and 553.906, F.S.;
 1379         requiring the Florida Building Commission to adopt the
 1380         Florida Building Code-Energy Conservation; conforming
 1381         subsequent sections of the thermal efficiency code;
 1382         amending s. 553.912, F.S.; requiring replacement air
 1383         conditioning systems in residential applications to
 1384         use energy-saving quality installation procedures;
 1385         providing that certain existing heating and cooling
 1386         equipment is not required to meet the minimum
 1387         equipment efficiencies; amending s. 553.991, F.S.;
 1388         revising the purpose of the Florida Building Energy
 1389         Efficiency Rating Act; repealing s. 553.992, F.S.,
 1390         relating to the adoption of a rating system; amending
 1391         s. 553.993, F.S.; providing definitions; amending s.
 1392         553.994, F.S.; providing for the applicability of
 1393         building energy-efficiency rating systems; amending s.
 1394         553.995, F.S.; deleting a minimum requirement for the
 1395         building energy-efficiency rating systems; revising
 1396         language; deleting provisions relating to a certain
 1397         interest group; deleting provisions relating to the
 1398         Department of Business and Professional Regulation;
 1399         amending s. 553.996, F.S.; requiring building energy
 1400         efficiency rating system providers to provide certain
 1401         information; amending s. 553.997, F.S.; deleting a
 1402         provision relating to the department; amending s.
 1403         553.998, F.S.; revising provisions relating to rating
 1404         compliance; providing an appropriation; providing
 1405         effective dates.