Florida Senate - 2013 CS for CS for SB 156
By the Committees on Appropriations; and Community Affairs; and
Senator Detert
576-04931A-13 2013156c2
1 A bill to be entitled
2 An act relating to building construction; amending s.
3 162.12, F.S.; revising notice requirements in the
4 Local Government Code Enforcement Boards Act;
5 amending ss. 255.20 and 255.2575, F.S.; requiring
6 governmental entities to specify certain products
7 associated with public works projects; providing for
8 applicability; amending s. 255.257, F.S.; requiring
9 state agencies to use certain building rating systems
10 and building codes for each new construction and
11 renovation project; amending s. 381.0065, F.S.;
12 specifying that certain actions relating to onsite
13 sewage treatment and removal are not required if a
14 bedroom is not added during a remodeling addition or
15 modification to a single-family home; prohibiting a
16 remodeling addition or modification from certain
17 coverage or encroachment; authorizing a local health
18 board to review specific plans; requiring a review to
19 be completed within a specific time period after
20 receipt of specific plans; amending s. 489.103, F.S.;
21 providing for additional exemptions; amending s.
22 489.105, F.S.; revising definitions; amending s.
23 489.111, F.S.; revising eligibility criteria to take
24 the swimming pool/spa examination; providing that
25 amendments to s. 489.113(2), F.S., enacted in s. 11,
26 ch. 2012-13, Laws of Florida, are remedial and
27 intended to clarify existing law; providing for
28 retroactivity; amending s. 489.127, F.S.; revising
29 civil penalties; authorizing a local building
30 department to retain 75 percent of certain fines
31 collected if it transmits 25 percent to the Department
32 of Business and Professional Regulation; amending s.
33 489.131, F.S.; deleting legislative intent referring
34 to a local agency’s enforcement of regulatory laws;
35 deleting the definitions of “minor violation” and
36 “notice of noncompliance”; deleting provisions that
37 provide for what a notice of noncompliance should or
38 should not include; deleting a provision that provides
39 for further disciplinary proceedings for certain
40 licensees; amending s. 489.514, F.S.; extending the
41 date by which an applicant must make application for a
42 license to be grandfathered; amending s. 489.531,
43 F.S.; revising a maximum civil penalty; amending s.
44 553.71, F.S.; providing a definition for the term
45 “local technical amendment”; amending s. 553.73, F.S.;
46 prohibiting any provision of the International
47 Residential Code relating to mandated fire sprinklers
48 from incorporation into the Florida Building Code;
49 amending s. 553.74, F.S.; revising membership of the
50 Florida Building Commission; amending s. 553.79, F.S.;
51 authorizing a site plan to be maintained at the
52 worksite as an electronic copy; requiring the copy to
53 be open to inspection by certain officials; amending
54 s. 553.842, F.S.; requiring an application for state
55 approval of a certain product to be approved by the
56 department after the application and related
57 documentation are complete; amending ss. 553.901,
58 553.902, 553.903, 553.904, 553.905, and 553.906, F.S.;
59 requiring the Florida Building Commission to adopt the
60 Florida Building Code-Energy Conservation; conforming
61 subsequent sections of the thermal efficiency code;
62 amending s. 553.912, F.S.; requiring replacement air
63 conditioning systems in residential applications to
64 use energy-saving quality installation procedures;
65 providing that certain existing heating and cooling
66 equipment is not required to meet the minimum
67 equipment efficiencies; amending s. 553.991, F.S.;
68 revising the purpose of the Florida Building Energy
69 Efficiency Rating Act; repealing s. 553.992, F.S.,
70 relating to the adoption of a rating system; amending
71 s. 553.993, F.S.; providing definitions; amending s.
72 553.994, F.S.; providing for the applicability of
73 building energy-efficiency rating systems; amending s.
74 553.995, F.S.; deleting a minimum requirement for the
75 building energy-efficiency rating systems; revising
76 language; deleting provisions relating to a certain
77 interest group; deleting provisions relating to the
78 Department of Business and Professional Regulation;
79 amending s. 553.996, F.S.; requiring building energy
80 efficiency rating system providers to provide certain
81 information; amending s. 553.997, F.S.; deleting a
82 provision relating to the department; amending s.
83 553.998, F.S.; revising provisions relating to rating
84 compliance; providing effective dates.
85
86 Be It Enacted by the Legislature of the State of Florida:
87
88 Section 1. Section 162.12, Florida Statutes, is amended to
89 read:
90 162.12 Notices.—
91 (1) All notices required by this part must be provided to
92 the alleged violator by:
93 (a) Certified mail, return receipt requested, to the
94 address listed in the tax collector’s office for tax notices, or
95 to the address listed in the county property appraiser’s
96 database. The local government may also provide an additional
97 notice to any other address it may find for provided by the
98 property owner in writing to the local government for the
99 purpose of receiving notices. For property owned by a
100 corporation, notices may be provided by certified mail to the
101 registered agent of the corporation. If any notice sent by
102 certified mail is not signed as received within 30 days after
103 the postmarked date of mailing, notice may be provided by
104 posting as described in subparagraphs (2)(b)1. and 2.;
105 (b) Hand delivery by the sheriff or other law enforcement
106 officer, code inspector, or other person designated by the local
107 governing body;
108 (c) Leaving the notice at the violator’s usual place of
109 residence with any person residing therein who is above 15 years
110 of age and informing such person of the contents of the notice;
111 or
112 (d) In the case of commercial premises, leaving the notice
113 with the manager or other person in charge.
114 (2) In addition to providing notice as set forth in
115 subsection (1), at the option of the code enforcement board or
116 the local government, notice may also be served by publication
117 or posting, as follows:
118 (a)1. Such notice shall be published once during each week
119 for 4 consecutive weeks (four publications being sufficient) in
120 a newspaper of general circulation in the county where the code
121 enforcement board is located. The newspaper shall meet such
122 requirements as are prescribed under chapter 50 for legal and
123 official advertisements.
124 2. Proof of publication shall be made as provided in ss.
125 50.041 and 50.051.
126 (b)1. In lieu of publication as described in paragraph (a),
127 such notice may be posted at least 10 days prior to the hearing,
128 or prior to the expiration of any deadline contained in the
129 notice, in at least two locations, one of which shall be the
130 property upon which the violation is alleged to exist and the
131 other of which shall be, in the case of municipalities, at the
132 primary municipal government office, and in the case of
133 counties, at the front door of the courthouse or the main county
134 governmental center in said county.
135 2. Proof of posting shall be by affidavit of the person
136 posting the notice, which affidavit shall include a copy of the
137 notice posted and the date and places of its posting.
138 (c) Notice by publication or posting may run concurrently
139 with, or may follow, an attempt or attempts to provide notice by
140 hand delivery or by mail as required under subsection (1).
141
142 Evidence that an attempt has been made to hand deliver or mail
143 notice as provided in subsection (1), together with proof of
144 publication or posting as provided in subsection (2), shall be
145 sufficient to show that the notice requirements of this part
146 have been met, without regard to whether or not the alleged
147 violator actually received such notice.
148 Section 2. Subsection (3) of section 255.20, Florida
149 Statutes, is amended to read:
150 255.20 Local bids and contracts for public construction
151 works; specification of state-produced lumber.—
152 (3)(a) All county officials, boards of county
153 commissioners, school boards, city councils, city commissioners,
154 and all other public officers of state boards or commissions
155 that are charged with the letting of contracts for public work,
156 for the construction of public bridges, buildings, and other
157 structures must specify in the contract lumber, timber, and
158 other forest products produced and manufactured in this state,
159 if wood is a component of the public work, and if such products
160 are available and their price, fitness, and quality are equal.
161 (b) This subsection does not apply:
162 1. To plywood specified for monolithic concrete forms.,
163 2. If the structural or service requirements for timber for
164 a particular job cannot be supplied by native species., or
165 3. If the construction is financed in whole or in part from
166 federal funds with the requirement that there be no restrictions
167 as to species or place of manufacture.
168 4. To transportation projects for which federal aid funds
169 are available.
170 Section 3. Subsection (4) is added to section 255.2575,
171 Florida Statutes, to read:
172 255.2575 Energy-efficient and sustainable buildings.—
173 (4)(a) All state agencies, county officials, boards of
174 county commissioners, school boards, city councils, city
175 commissioners, and all other public officers of state boards or
176 commissions that are charged with the letting of contracts for
177 public work, for the construction of public bridges, buildings,
178 and other structures must specify in the contract lumber,
179 timber, and other forest products produced and manufactured in
180 this state, if wood is a component of the public work, and if
181 such products are available and their price, fitness, and
182 quality are equal.
183 (b) This subsection does not apply:
184 1. To plywood specified for monolithic concrete forms.
185 2. If the structural or service requirements for timber for
186 a particular job cannot be supplied by native species.
187 3. If the construction is financed in whole or in part from
188 federal funds with the requirement that there be no restrictions
189 as to species or place of manufacture.
190 4. To transportation projects for which federal aid funds
191 are available.
192 Section 4. Paragraph (a) of subsection (4) of section
193 255.257, Florida Statutes, is amended to read:
194 255.257 Energy management; buildings occupied by state
195 agencies.—
196 (4) ADOPTION OF STANDARDS.—
197 (a) Each All state agency agencies shall use adopt a
198 sustainable building rating system or use a national model green
199 building code for each all new building buildings and renovation
200 renovations to an existing building buildings.
201 Section 5. Paragraph (aa) of subsection (4) of section
202 381.0065, Florida Statutes, is amended to read:
203 381.0065 Onsite sewage treatment and disposal systems;
204 regulation.—
205 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
206 construct, repair, modify, abandon, or operate an onsite sewage
207 treatment and disposal system without first obtaining a permit
208 approved by the department. The department may issue permits to
209 carry out this section, but shall not make the issuance of such
210 permits contingent upon prior approval by the Department of
211 Environmental Protection, except that the issuance of a permit
212 for work seaward of the coastal construction control line
213 established under s. 161.053 shall be contingent upon receipt of
214 any required coastal construction control line permit from the
215 Department of Environmental Protection. A construction permit is
216 valid for 18 months from the issuance date and may be extended
217 by the department for one 90-day period under rules adopted by
218 the department. A repair permit is valid for 90 days from the
219 date of issuance. An operating permit must be obtained prior to
220 the use of any aerobic treatment unit or if the establishment
221 generates commercial waste. Buildings or establishments that use
222 an aerobic treatment unit or generate commercial waste shall be
223 inspected by the department at least annually to assure
224 compliance with the terms of the operating permit. The operating
225 permit for a commercial wastewater system is valid for 1 year
226 from the date of issuance and must be renewed annually. The
227 operating permit for an aerobic treatment unit is valid for 2
228 years from the date of issuance and must be renewed every 2
229 years. If all information pertaining to the siting, location,
230 and installation conditions or repair of an onsite sewage
231 treatment and disposal system remains the same, a construction
232 or repair permit for the onsite sewage treatment and disposal
233 system may be transferred to another person, if the transferee
234 files, within 60 days after the transfer of ownership, an
235 amended application providing all corrected information and
236 proof of ownership of the property. There is no fee associated
237 with the processing of this supplemental information. A person
238 may not contract to construct, modify, alter, repair, service,
239 abandon, or maintain any portion of an onsite sewage treatment
240 and disposal system without being registered under part III of
241 chapter 489. A property owner who personally performs
242 construction, maintenance, or repairs to a system serving his or
243 her own owner-occupied single-family residence is exempt from
244 registration requirements for performing such construction,
245 maintenance, or repairs on that residence, but is subject to all
246 permitting requirements. A municipality or political subdivision
247 of the state may not issue a building or plumbing permit for any
248 building that requires the use of an onsite sewage treatment and
249 disposal system unless the owner or builder has received a
250 construction permit for such system from the department. A
251 building or structure may not be occupied and a municipality,
252 political subdivision, or any state or federal agency may not
253 authorize occupancy until the department approves the final
254 installation of the onsite sewage treatment and disposal system.
255 A municipality or political subdivision of the state may not
256 approve any change in occupancy or tenancy of a building that
257 uses an onsite sewage treatment and disposal system until the
258 department has reviewed the use of the system with the proposed
259 change, approved the change, and amended the operating permit.
260 (aa) An existing-system inspection or evaluation and
261 assessment, or a modification, replacement, or upgrade of an
262 onsite sewage treatment and disposal system is not required for
263 a remodeling addition or modification to a single-family home if
264 a bedroom is not added. However, a remodeling addition or
265 modification to a single-family home may not cover any part of
266 the existing system or encroach upon a required setback or the
267 unobstructed area. To determine if a setback or the unobstructed
268 area is impacted, the local health department shall review and
269 verify a floor plan and site plan of the proposed remodeling
270 addition or modification to the home submitted by a remodeler
271 which shows the location of the system, including the distance
272 of the remodeling addition or modification to the home from the
273 onsite sewage treatment and disposal system. The local health
274 department may visit the site or otherwise determine the best
275 means of verifying the information submitted. A verification of
276 the location of a system is not an inspection or evaluation and
277 assessment of the system. The review and verification must be
278 completed within 7 business days after receipt by the local
279 health department of a floor plan and site plan. If the review
280 and verification is not completed within such time, the
281 remodeling addition or modification to the single-family home,
282 for the purposes of this paragraph, is approved.
283 Section 6. Effective October 1, 2014, subsection (23) is
284 added to section 489.103, Florida Statutes, to read:
285 489.103 Exemptions.— This part does not apply to:
286 (23) An owner or operator of a public swimming pool or spa
287 permitted under s. 514.031, an entity under common ownership or
288 control with the owner or operator, or a direct employee of the
289 owner, operator, or related entity, who undertakes to maintain
290 the swimming pool or spa for the purpose of water treatment.
291 Section 7. Effective October 1, 2014, subsection (3) of
292 section 489.105, Florida Statutes, is amended to read:
293 489.105 Definitions.— As used in this part:
294 (3) “Contractor” means the person who is qualified for, and
295 is only responsible for, the project contracted for and means,
296 except as exempted in this part, the person who, for
297 compensation, undertakes to, submits a bid to, or does himself
298 or herself or by others construct, repair, alter, remodel, add
299 to, demolish, maintain for purposes of water treatment, subtract
300 from, or improve any building or structure, including related
301 improvements to real estate, for others or for resale to others;
302 and whose job scope is substantially similar to the job scope
303 described in one of the paragraphs of this subsection. For the
304 purposes of regulation under this part, the term “demolish”
305 applies only to demolition of steel tanks more than 50 feet in
306 height; towers more than 50 feet in height; other structures
307 more than 50 feet in height; and, effective July 1, 2013, the
308 term applies to and all buildings or residences more than three
309 stories tall. For purposes of regulation under this part, the
310 phrase “maintain for purposes of water treatment” applies only
311 to cleaning, maintenance, and water treatment of swimming pools
312 and spas. Contractors are subdivided into two divisions,
313 Division I, consisting of those contractors defined in
314 paragraphs (a)-(c), and Division II, consisting of those
315 contractors defined in paragraphs (d)-(q):
316 (a) “General contractor” means a contractor whose services
317 are unlimited as to the type of work which he or she may do, who
318 may contract for any activity requiring licensure under this
319 part, and who may perform any work requiring licensure under
320 this part, except as otherwise expressly provided in s. 489.113.
321 (b) “Building contractor” means a contractor whose services
322 are limited to construction of commercial buildings and single
323 dwelling or multiple-dwelling residential buildings, which do
324 not exceed three stories in height, and accessory use structures
325 in connection therewith or a contractor whose services are
326 limited to remodeling, repair, or improvement of any size
327 building if the services do not affect the structural members of
328 the building.
329 (c) “Residential contractor” means a contractor whose
330 services are limited to construction, remodeling, repair, or
331 improvement of one-family, two-family, or three-family
332 residences not exceeding two habitable stories above no more
333 than one uninhabitable story and accessory use structures in
334 connection therewith.
335 (d) “Sheet metal contractor” means a contractor whose
336 services are unlimited in the sheet metal trade and who has the
337 experience, knowledge, and skill necessary for the manufacture,
338 fabrication, assembling, handling, erection, installation,
339 dismantling, conditioning, adjustment, insulation, alteration,
340 repair, servicing, or design, if not prohibited by law, of
341 ferrous or nonferrous metal work of U.S. No. 10 gauge or its
342 equivalent or lighter gauge and of other materials, including,
343 but not limited to, fiberglass, used in lieu thereof and of air
344 handling systems, including the setting of air-handling
345 equipment and reinforcement of same, the balancing of air
346 handling systems, and any duct cleaning and equipment sanitizing
347 that requires at least a partial disassembling of the system.
348 (e) “Roofing contractor” means a contractor whose services
349 are unlimited in the roofing trade and who has the experience,
350 knowledge, and skill to install, maintain, repair, alter,
351 extend, or design, if not prohibited by law, and use materials
352 and items used in the installation, maintenance, extension, and
353 alteration of all kinds of roofing, waterproofing, and coating,
354 except when coating is not represented to protect, repair,
355 waterproof, stop leaks, or extend the life of the roof. The
356 scope of work of a roofing contractor also includes skylights
357 and any related work, required roof-deck attachments, and any
358 repair or replacement of wood roof sheathing or fascia as needed
359 during roof repair or replacement and any related work.
360 (f) “Class A air-conditioning contractor” means a
361 contractor whose services are unlimited in the execution of
362 contracts requiring the experience, knowledge, and skill to
363 install, maintain, repair, fabricate, alter, extend, or design,
364 if not prohibited by law, central air-conditioning,
365 refrigeration, heating, and ventilating systems, including duct
366 work in connection with a complete system if such duct work is
367 performed by the contractor as necessary to complete an air
368 distribution system, boiler and unfired pressure vessel systems,
369 and all appurtenances, apparatus, or equipment used in
370 connection therewith, and any duct cleaning and equipment
371 sanitizing that requires at least a partial disassembling of the
372 system; to install, maintain, repair, fabricate, alter, extend,
373 or design, if not prohibited by law, piping, insulation of
374 pipes, vessels and ducts, pressure and process piping, and
375 pneumatic control piping; to replace, disconnect, or reconnect
376 power wiring on the load side of the dedicated existing
377 electrical disconnect switch; to install, disconnect, and
378 reconnect low voltage heating, ventilating, and air-conditioning
379 control wiring; and to install a condensate drain from an air
380 conditioning unit to an existing safe waste or other approved
381 disposal other than a direct connection to a sanitary system.
382 The scope of work for such contractor also includes any
383 excavation work incidental thereto, but does not include any
384 work such as liquefied petroleum or natural gas fuel lines
385 within buildings, except for disconnecting or reconnecting
386 changeouts of liquefied petroleum or natural gas appliances
387 within buildings; potable water lines or connections thereto;
388 sanitary sewer lines; swimming pool piping and filters; or
389 electrical power wiring. A Class A air-conditioning contractor
390 may test and evaluate central air-conditioning, refrigeration,
391 heating, and ventilating systems, including duct work; however,
392 a mandatory licensing requirement is not established for the
393 performance of these specific services.
394 (g) “Class B air-conditioning contractor” means a
395 contractor whose services are limited to 25 tons of cooling and
396 500,000 Btu of heating in any one system in the execution of
397 contracts requiring the experience, knowledge, and skill to
398 install, maintain, repair, fabricate, alter, extend, or design,
399 if not prohibited by law, central air-conditioning,
400 refrigeration, heating, and ventilating systems, including duct
401 work in connection with a complete system only to the extent
402 such duct work is performed by the contractor as necessary to
403 complete an air-distribution system being installed under this
404 classification, and any duct cleaning and equipment sanitizing
405 that requires at least a partial disassembling of the system; to
406 install, maintain, repair, fabricate, alter, extend, or design,
407 if not prohibited by law, piping and insulation of pipes,
408 vessels, and ducts; to replace, disconnect, or reconnect power
409 wiring on the load side of the dedicated existing electrical
410 disconnect switch; to install, disconnect, and reconnect low
411 voltage heating, ventilating, and air-conditioning control
412 wiring; and to install a condensate drain from an air
413 conditioning unit to an existing safe waste or other approved
414 disposal other than a direct connection to a sanitary system.
415 The scope of work for such contractor also includes any
416 excavation work incidental thereto, but does not include any
417 work such as liquefied petroleum or natural gas fuel lines
418 within buildings, except for disconnecting or reconnecting
419 changeouts of liquefied petroleum or natural gas appliances
420 within buildings; potable water lines or connections thereto;
421 sanitary sewer lines; swimming pool piping and filters; or
422 electrical power wiring. A Class B air-conditioning contractor
423 may test and evaluate central air-conditioning, refrigeration,
424 heating, and ventilating systems, including duct work; however,
425 a mandatory licensing requirement is not established for the
426 performance of these specific services.
427 (h) “Class C air-conditioning contractor” means a
428 contractor whose business is limited to the servicing of air
429 conditioning, heating, or refrigeration systems, including any
430 duct cleaning and equipment sanitizing that requires at least a
431 partial disassembling of the system, and whose certification or
432 registration, issued pursuant to this part, was valid on October
433 1, 1988. Only a person who was registered or certified as a
434 Class C air-conditioning contractor as of October 1, 1988, shall
435 be so registered or certified after October 1, 1988. However,
436 the board shall continue to license and regulate those Class C
437 air-conditioning contractors who held Class C licenses before
438 October 1, 1988.
439 (i) “Mechanical contractor” means a contractor whose
440 services are unlimited in the execution of contracts requiring
441 the experience, knowledge, and skill to install, maintain,
442 repair, fabricate, alter, extend, or design, if not prohibited
443 by law, central air-conditioning, refrigeration, heating, and
444 ventilating systems, including duct work in connection with a
445 complete system if such duct work is performed by the contractor
446 as necessary to complete an air-distribution system, boiler and
447 unfired pressure vessel systems, lift station equipment and
448 piping, and all appurtenances, apparatus, or equipment used in
449 connection therewith, and any duct cleaning and equipment
450 sanitizing that requires at least a partial disassembling of the
451 system; to install, maintain, repair, fabricate, alter, extend,
452 or design, if not prohibited by law, piping, insulation of
453 pipes, vessels and ducts, pressure and process piping, pneumatic
454 control piping, gasoline tanks and pump installations and piping
455 for same, standpipes, air piping, vacuum line piping, oxygen
456 lines, nitrous oxide piping, ink and chemical lines, fuel
457 transmission lines, liquefied petroleum gas lines within
458 buildings, and natural gas fuel lines within buildings; to
459 replace, disconnect, or reconnect power wiring on the load side
460 of the dedicated existing electrical disconnect switch; to
461 install, disconnect, and reconnect low voltage heating,
462 ventilating, and air-conditioning control wiring; and to install
463 a condensate drain from an air-conditioning unit to an existing
464 safe waste or other approved disposal other than a direct
465 connection to a sanitary system. The scope of work for such
466 contractor also includes any excavation work incidental thereto,
467 but does not include any work such as potable water lines or
468 connections thereto, sanitary sewer lines, swimming pool piping
469 and filters, or electrical power wiring. A mechanical contractor
470 may test and evaluate central air-conditioning, refrigeration,
471 heating, and ventilating systems, including duct work; however,
472 a mandatory licensing requirement is not established for the
473 performance of these specific services.
474 (j) “Commercial pool/spa contractor” means a contractor
475 whose scope of work involves, but is not limited to, the
476 construction, repair, water treatment, maintenance, and
477 servicing of any swimming pool, or hot tub or spa, whether
478 public, private, or otherwise, regardless of use. The scope of
479 work includes the installation, repair, or replacement of
480 existing equipment, any cleaning or equipment sanitizing that
481 requires at least a partial disassembling, excluding filter
482 changes, and the installation of new pool/spa equipment,
483 interior finishes, the installation of package pool heaters, the
484 installation of all perimeter piping and filter piping, and the
485 construction of equipment rooms or housing for pool/spa
486 equipment, and also includes the scope of work of a swimming
487 pool/spa servicing contractor. The scope of such work does not
488 include direct connections to a sanitary sewer system or to
489 potable water lines. The installation, construction,
490 modification, or replacement of equipment permanently attached
491 to and associated with the pool or spa for the purpose of water
492 treatment or cleaning of the pool or spa requires licensure;
493 however, the usage of such equipment for the purposes of water
494 treatment or cleaning does not require licensure unless the
495 usage involves construction, modification, or replacement of
496 such equipment. Water treatment that does not require such
497 equipment does not require a license. In addition, a license is
498 not required for the cleaning of the pool or spa in a way that
499 does not affect the structural integrity of the pool or spa or
500 its associated equipment.
501 (k) “Residential pool/spa contractor” means a contractor
502 whose scope of work involves, but is not limited to, the
503 construction, repair, water treatment, maintenance, and
504 servicing of a residential swimming pool, or hot tub or spa,
505 regardless of use. The scope of work includes the installation,
506 repair, or replacement of existing equipment, any cleaning or
507 equipment sanitizing that requires at least a partial
508 disassembling, excluding filter changes, and the installation of
509 new pool/spa equipment, interior finishes, the installation of
510 package pool heaters, the installation of all perimeter piping
511 and filter piping, and the construction of equipment rooms or
512 housing for pool/spa equipment, and also includes the scope of
513 work of a swimming pool/spa servicing contractor. The scope of
514 such work does not include direct connections to a sanitary
515 sewer system or to potable water lines. The installation,
516 construction, modification, or replacement of equipment
517 permanently attached to and associated with the pool or spa for
518 the purpose of water treatment or cleaning of the pool or spa
519 requires licensure; however, the usage of such equipment for the
520 purposes of water treatment or cleaning does not require
521 licensure unless the usage involves construction, modification,
522 or replacement of such equipment. Water treatment that does not
523 require such equipment does not require a license. In addition,
524 a license is not required for the cleaning of the pool or spa in
525 a way that does not affect the structural integrity of the pool
526 or spa or its associated equipment.
527 (l) “Swimming pool/spa servicing contractor” means a
528 contractor whose scope of work involves, but is not limited to,
529 the repair, water treatment, maintenance, and servicing of a
530 swimming pool, or hot tub or spa, whether public or private, or
531 otherwise, regardless of use. The scope of work includes the
532 repair or replacement of existing equipment, any sanitation,
533 chemical balancing, routine maintenance or cleaning, cleaning or
534 equipment sanitizing that requires at least a partial
535 disassembling, excluding filter changes, and the installation of
536 new pool/spa equipment, interior refinishing, the reinstallation
537 or addition of pool heaters, the repair or replacement of all
538 perimeter piping and filter piping, the repair of equipment
539 rooms or housing for pool/spa equipment, and the substantial or
540 complete draining of a swimming pool, or hot tub or spa, for the
541 purpose of repair, or renovation, or water treatment. The scope
542 of such work does not include direct connections to a sanitary
543 sewer system or to potable water lines. The installation,
544 construction, modification, substantial or complete disassembly,
545 or replacement of equipment permanently attached to and
546 associated with the pool or spa for the purpose of water
547 treatment or cleaning of the pool or spa requires licensure;
548 however, the usage of such equipment for the purposes of water
549 treatment or cleaning does not require licensure unless the
550 usage involves construction, modification, substantial or
551 complete disassembly, or replacement of such equipment. Water
552 treatment that does not require such equipment does not require
553 a license. In addition, a license is not required for the
554 cleaning of the pool or spa in a way that does not affect the
555 structural integrity of the pool or spa or its associated
556 equipment.
557 (m) “Plumbing contractor” means a contractor whose services
558 are unlimited in the plumbing trade and includes contracting
559 business consisting of the execution of contracts requiring the
560 experience, financial means, knowledge, and skill to install,
561 maintain, repair, alter, extend, or, if not prohibited by law,
562 design plumbing. A plumbing contractor may install, maintain,
563 repair, alter, extend, or, if not prohibited by law, design the
564 following without obtaining an additional local regulatory
565 license, certificate, or registration: sanitary drainage or
566 storm drainage facilities, water and sewer plants and
567 substations, venting systems, public or private water supply
568 systems, septic tanks, drainage and supply wells, swimming pool
569 piping, irrigation systems, and solar heating water systems and
570 all appurtenances, apparatus, or equipment used in connection
571 therewith, including boilers and pressure process piping and
572 including the installation of water, natural gas, liquefied
573 petroleum gas and related venting, and storm and sanitary sewer
574 lines. The scope of work of the plumbing contractor also
575 includes the design, if not prohibited by law, and installation,
576 maintenance, repair, alteration, or extension of air-piping,
577 vacuum line piping, oxygen line piping, nitrous oxide piping,
578 and all related medical gas systems; fire line standpipes and
579 fire sprinklers if authorized by law; ink and chemical lines;
580 fuel oil and gasoline piping and tank and pump installation,
581 except bulk storage plants; and pneumatic control piping
582 systems, all in a manner that complies with all plans,
583 specifications, codes, laws, and regulations applicable. The
584 scope of work of the plumbing contractor applies to private
585 property and public property, including any excavation work
586 incidental thereto, and includes the work of the specialty
587 plumbing contractor. Such contractor shall subcontract, with a
588 qualified contractor in the field concerned, all other work
589 incidental to the work but which is specified as being the work
590 of a trade other than that of a plumbing contractor. This
591 definition does not limit the scope of work of any specialty
592 contractor certified pursuant to s. 489.113(6), and does not
593 require certification or registration under this part of any
594 authorized employee of a public natural gas utility or of a
595 private natural gas utility regulated by the Public Service
596 Commission when disconnecting and reconnecting water lines in
597 the servicing or replacement of an existing water heater. A
598 plumbing contractor may perform drain cleaning and clearing and
599 install or repair rainwater catchment systems; however, a
600 mandatory licensing requirement is not established for the
601 performance of these specific services.
602 (n) “Underground utility and excavation contractor” means a
603 contractor whose services are limited to the construction,
604 installation, and repair, on public or private property, whether
605 accomplished through open excavations or through other means,
606 including, but not limited to, directional drilling, auger
607 boring, jacking and boring, trenchless technologies, wet and dry
608 taps, grouting, and slip lining, of main sanitary sewer
609 collection systems, main water distribution systems, storm sewer
610 collection systems, and the continuation of utility lines from
611 the main systems to a point of termination up to and including
612 the meter location for the individual occupancy, sewer
613 collection systems at property line on residential or single
614 occupancy commercial properties, or on multioccupancy properties
615 at manhole or wye lateral extended to an invert elevation as
616 engineered to accommodate future building sewers, water
617 distribution systems, or storm sewer collection systems at storm
618 sewer structures. However, an underground utility and excavation
619 contractor may install empty underground conduits in rights-of
620 way, easements, platted rights-of-way in new site development,
621 and sleeves for parking lot crossings no smaller than 2 inches
622 in diameter if each conduit system installed is designed by a
623 licensed professional engineer or an authorized employee of a
624 municipality, county, or public utility and the installation of
625 such conduit does not include installation of any conductor
626 wiring or connection to an energized electrical system. An
627 underground utility and excavation contractor may not install
628 piping that is an integral part of a fire protection system as
629 defined in s. 633.021 beginning at the point where the piping is
630 used exclusively for such system.
631 (o) “Solar contractor” means a contractor whose services
632 consist of the installation, alteration, repair, maintenance,
633 relocation, or replacement of solar panels for potable solar
634 water heating systems, swimming pool solar heating systems, and
635 photovoltaic systems and any appurtenances, apparatus, or
636 equipment used in connection therewith, whether public, private,
637 or otherwise, regardless of use. A contractor, certified or
638 registered pursuant to this chapter, is not required to become a
639 certified or registered solar contractor or to contract with a
640 solar contractor in order to provide services enumerated in this
641 paragraph that are within the scope of the services such
642 contractors may render under this part.
643 (p) “Pollutant storage systems contractor” means a
644 contractor whose services are limited to, and who has the
645 experience, knowledge, and skill to install, maintain, repair,
646 alter, extend, or design, if not prohibited by law, and use
647 materials and items used in the installation, maintenance,
648 extension, and alteration of, pollutant storage tanks. Any
649 person installing a pollutant storage tank shall perform such
650 installation in accordance with the standards adopted pursuant
651 to s. 376.303.
652 (q) “Specialty contractor” means a contractor whose scope
653 of work and responsibility is limited to a particular phase of
654 construction established in a category adopted by board rule and
655 whose scope is limited to a subset of the activities described
656 in one of the paragraphs of this subsection.
657 Section 8. Effective October 1, 2014, subsection (2) of
658 section 489.111, Florida Statutes, is amended to read:
659 489.111 Licensure by examination.—
660 (2) A person shall be eligible for licensure by examination
661 if the person:
662 (a) Is 18 years of age;
663 (b) Is of good moral character; and
664 (c) Meets eligibility requirements according to one of the
665 following criteria:
666 1. Has received a baccalaureate degree from an accredited
667 4-year college in the appropriate field of engineering,
668 architecture, or building construction and has 1 year of proven
669 experience in the category in which the person seeks to qualify.
670 For the purpose of this part, a minimum of 2,000 person-hours
671 shall be used in determining full-time equivalency.
672 2. Has a total of at least 4 years of active experience as
673 a worker who has learned the trade by serving an apprenticeship
674 as a skilled worker who is able to command the rate of a
675 mechanic in the particular trade or as a foreman who is in
676 charge of a group of workers and usually is responsible to a
677 superintendent or a contractor or his or her equivalent,
678 provided, however, that at least 1 year of active experience
679 shall be as a foreman.
680 3. Has a combination of not less than 1 year of experience
681 as a foreman and not less than 3 years of credits for any
682 accredited college-level courses; has a combination of not less
683 than 1 year of experience as a skilled worker, 1 year of
684 experience as a foreman, and not less than 2 years of credits
685 for any accredited college-level courses; or has a combination
686 of not less than 2 years of experience as a skilled worker, 1
687 year of experience as a foreman, and not less than 1 year of
688 credits for any accredited college-level courses. All junior
689 college or community college-level courses shall be considered
690 accredited college-level courses.
691 4.a. An active certified residential contractor is eligible
692 to take the building contractors’ examination if he or she
693 possesses a minimum of 3 years of proven experience in the
694 classification in which he or she is certified.
695 b. An active certified residential contractor is eligible
696 to take the general contractors’ examination if he or she
697 possesses a minimum of 4 years of proven experience in the
698 classification in which he or she is certified.
699 c. An active certified building contractor is eligible to
700 take the general contractors’ examination if he or she possesses
701 a minimum of 4 years of proven experience in the classification
702 in which he or she is certified.
703 5.a. An active certified air-conditioning Class C
704 contractor is eligible to take the air-conditioning Class B
705 contractors’ examination if he or she possesses a minimum of 3
706 years of proven experience in the classification in which he or
707 she is certified.
708 b. An active certified air-conditioning Class C contractor
709 is eligible to take the air-conditioning Class A contractors’
710 examination if he or she possesses a minimum of 4 years of
711 proven experience in the classification in which he or she is
712 certified.
713 c. An active certified air-conditioning Class B contractor
714 is eligible to take the air-conditioning Class A contractors’
715 examination if he or she possesses a minimum of 1 year of proven
716 experience in the classification in which he or she is
717 certified.
718 6.a. An active certified swimming pool servicing contractor
719 is eligible to take the residential swimming pool contractors’
720 examination if he or she possesses a minimum of 3 years of
721 proven experience in the classification in which he or she is
722 certified.
723 b. An active certified swimming pool servicing contractor
724 is eligible to take the swimming pool commercial contractors’
725 examination if he or she possesses a minimum of 4 years of
726 proven experience in the classification in which he or she is
727 certified.
728 c. An active certified residential swimming pool contractor
729 is eligible to take the commercial swimming pool contractors’
730 examination if he or she possesses a minimum of 1 year of proven
731 experience in the classification in which he or she is
732 certified.
733 d. An applicant is eligible to take the swimming pool/spa
734 servicing contractors’ examination if he or she has
735 satisfactorily completed 60 hours of instruction in courses and
736 20 hours of field hands-on instruction related to the scope of
737 work covered by that license and approved by the Construction
738 Industry Licensing Board by rule and has at least 1 year of
739 proven experience related to the scope of work of such a
740 contractor.
741 Section 9. The amendments to s. 489.113(2), Florida
742 Statutes, by section 11 of chapter 2012-13, Laws of Florida, are
743 remedial in nature and intended to clarify existing law. This
744 section applies retroactively to any action initiated or pending
745 on or after March 23, 2012.
746 Section 10. Paragraphs (c) and (f) of subsection (5) and
747 subsection (6) of section 489.127, Florida Statutes, are amended
748 to read:
749 489.127 Prohibitions; penalties.—
750 (5) Each county or municipality may, at its option,
751 designate one or more of its code enforcement officers, as
752 defined in chapter 162, to enforce, as set out in this
753 subsection, the provisions of subsection (1) and s. 489.132(1)
754 against persons who engage in activity for which a county or
755 municipal certificate of competency or license or state
756 certification or registration is required.
757 (c) The local governing body of the county or municipality
758 may is authorized to enforce codes and ordinances against
759 unlicensed contractors under the provisions of this subsection
760 and may enact an ordinance establishing procedures for
761 implementing this subsection, including a schedule of penalties
762 to be assessed by the code enforcement officer. The maximum
763 civil penalty which may be levied may shall not exceed $2,000
764 $500. Moneys collected pursuant to this subsection shall be
765 retained locally, as provided for by local ordinance, and may be
766 set aside in a specific fund to support future enforcement
767 activities against unlicensed contractors.
768 (f) If the enforcement or licensing board or designated
769 special magistrate finds that a violation exists, the
770 enforcement or licensing board or designated special magistrate
771 may order the violator to pay a civil penalty of not less than
772 the amount set forth on the citation but not more than $1,500
773 $1,000 per day for each violation. In determining the amount of
774 the penalty, the enforcement or licensing board or designated
775 special magistrate shall consider the following factors:
776 1. The gravity of the violation.
777 2. Any actions taken by the violator to correct the
778 violation.
779 3. Any previous violations committed by the violator.
780 (6) Local building departments may collect outstanding
781 fines against registered or certified contractors issued by the
782 Construction Industry Licensing Board and may retain 75 25
783 percent of the fines they are able to collect, provided that
784 they transmit 25 75 percent of the fines they are able to
785 collect to the department according to a procedure to be
786 determined by the department.
787 Section 11. Paragraph (a) of subsection (7) of section
788 489.131, Florida Statutes, is amended to read:
789 489.131 Applicability.—
790 (7)(a) It is the policy of the state that the purpose of
791 regulation is to protect the public by attaining compliance with
792 the policies established in law. Fines and other penalties are
793 provided in order to ensure compliance; however, the collection
794 of fines and the imposition of penalties are intended to be
795 secondary to the primary goal of attaining compliance with state
796 laws and local jurisdiction ordinances. It is the intent of the
797 Legislature that a local jurisdiction agency charged with
798 enforcing regulatory laws shall issue a notice of noncompliance
799 as its first response to a minor violation of a regulatory law
800 in any instance in which it is reasonable to assume that the
801 violator was unaware of such a law or unclear as to how to
802 comply with it. A violation of a regulatory law is a “minor
803 violation” if it does not result in economic or physical harm to
804 a person or adversely affect the public health, safety, or
805 welfare or create a significant threat of such harm. A “notice
806 of noncompliance” is a notification by the local jurisdiction
807 agency charged with enforcing the ordinance, which is issued to
808 the licensee that is subject to the ordinance. A notice of
809 noncompliance should not be accompanied with a fine or other
810 disciplinary penalty. It should identify the specific ordinance
811 that is being violated, provide information on how to comply
812 with the ordinance, and specify a reasonable time for the
813 violator to comply with the ordinance. Failure of a licensee to
814 take action correcting the violation within a set period of time
815 would then result in the institution of further disciplinary
816 proceedings.
817 Section 12. Section 489.514, Florida Statutes, is amended
818 to read:
819 489.514 Certification for registered contractors;
820 grandfathering provisions.—
821 (1) The board shall, upon receipt of a completed
822 application, appropriate fee, and proof of compliance with the
823 provisions of this section, issue:
824 (a) To an applying registered electrical contractor, a
825 certificate as an electrical contractor, as defined in s.
826 489.505(12); or
827 (b) To an applying registered alarm system contractor, a
828 certificate in the matching alarm system contractor category, as
829 defined in s. 489.505(2)(a) or (b); or
830 (c) To an applying registered electrical specialty
831 contractor, a certificate in the matching electrical specialty
832 contractor category, as defined in s. 489.505(19).
833 (2) Any contractor registered under this part who makes
834 application under this section to the board shall meet each of
835 the following requirements for certification:
836 (a) Currently holds a valid registered local license in the
837 category of electrical contractor, alarm system contractor, or
838 electrical specialty contractor.
839 (b) Has, for that category, passed a written, proctored
840 examination that the board finds to be substantially similar to
841 the examination required to be licensed as a certified
842 contractor under this part. For purposes of this subsection, a
843 written, proctored examination such as that produced by the
844 National Assessment Institute, Block and Associates, NAI/Block,
845 Experior Assessments, Professional Testing, Inc., or Assessment
846 Systems, Inc., shall be considered to be substantially similar
847 to the examination required to be licensed as a certified
848 contractor. The board may not impose or make any requirements
849 regarding the nature or content of these cited examinations.
850 (c) Has at least 5 years of experience as a contractor in
851 that contracting category, or as an inspector or building
852 administrator with oversight over that category, at the time of
853 application. For contractors, only time periods in which the
854 contractor license is active and the contractor is not on
855 probation shall count toward the 5 years required under this
856 subsection.
857 (d) Has not had his or her contractor’s license revoked at
858 any time, had his or her contractor’s license suspended in the
859 last 5 years, or been assessed a fine in excess of $500 in the
860 last 5 years.
861 (e) Is in compliance with the insurance and financial
862 responsibility requirements in s. 489.515(1)(b).
863 (3) An applicant must make application by November 1, 2015
864 2004, to be licensed pursuant to this section.
865 Section 13. Paragraph (c) of subsection (4) of section
866 489.531, Florida Statutes, is amended to read:
867 489.531 Prohibitions; penalties.—
868 (4) Each county or municipality may, at its option,
869 designate one or more of its code enforcement officers, as
870 defined in chapter 162, to enforce, as set out in this
871 subsection, the provisions of subsection (1) against persons who
872 engage in activity for which county or municipal certification
873 is required.
874 (c) The local governing body of the county or municipality
875 may is authorized to enforce codes and ordinances against
876 unlicensed contractors under the provisions of this section and
877 may enact an ordinance establishing procedures for implementing
878 this section, including a schedule of penalties to be assessed
879 by the code enforcement officers. The maximum civil penalty
880 which may be levied may shall not exceed $2,000 $500. Moneys
881 collected pursuant to this section shall be retained locally as
882 provided for by local ordinance and may be set aside in a
883 specific fund to support future enforcement activities against
884 unlicensed contractors.
885 Section 14. Present subsections (6) through (11) of section
886 553.71, Florida Statutes, are redesignated as subsections (7)
887 through (12), respectively, and a new subsection (6) is added to
888 that section, to read:
889 553.71 Definitions.—As used in this part, the term:
890 (6) “Local technical amendment” means an action by a local
891 governing authority that results in a technical change to the
892 Florida Building Code and its local enforcement.
893 Section 15. Subsection (17) of section 553.73, Florida
894 Statutes, is amended to read:
895 553.73 Florida Building Code.—
896 (17) A provision The provisions of section R313 of the most
897 current version of the International Residential Code relating
898 to mandated fire sprinklers may not be incorporated into the
899 Florida Building Code as adopted by the Florida Building
900 Commission and may not be adopted as a local amendment to the
901 Florida Building Code. This subsection does not prohibit the
902 application of cost-saving incentives for residential fire
903 sprinklers that are authorized in the International Residential
904 Code upon a mutual agreement between the builder and the code
905 official. This subsection does not apply to a local government
906 that has a lawfully adopted ordinance relating to fire
907 sprinklers which has been in effect since January 1, 2010.
908 Section 16. Subsection (1) of section 553.74, Florida
909 Statutes, is amended to read:
910 553.74 Florida Building Commission.—
911 (1) The Florida Building Commission is created and located
912 within the Department of Business and Professional Regulation
913 for administrative purposes. Members are shall be appointed by
914 the Governor subject to confirmation by the Senate. The
915 commission is shall be composed of 26 25 members, consisting of
916 the following:
917 (a) One architect registered to practice in this state and
918 actively engaged in the profession. The American Institute of
919 Architects, Florida Section, is encouraged to recommend a list
920 of candidates for consideration.
921 (b) One structural engineer registered to practice in this
922 state and actively engaged in the profession. The Florida
923 Engineering Society is encouraged to recommend a list of
924 candidates for consideration.
925 (c) One air-conditioning or mechanical contractor certified
926 to do business in this state and actively engaged in the
927 profession. The Florida Air Conditioning Contractors
928 Association, the Florida Refrigeration and Air Conditioning
929 Contractors Association, and the Mechanical Contractors
930 Association of Florida are encouraged to recommend a list of
931 candidates for consideration.
932 (d) One electrical contractor certified to do business in
933 this state and actively engaged in the profession. The Florida
934 Electrical Contractors Association and the National Electrical
935 Contractors Association, Florida Chapter, are encouraged to
936 recommend a list of candidates for consideration.
937 (e) One member from fire protection engineering or
938 technology who is actively engaged in the profession. The
939 Florida Chapter of the Society of Fire Protection Engineers and
940 the Florida Fire Marshals and Inspectors Association are
941 encouraged to recommend a list of candidates for consideration.
942 (f) One general contractor certified to do business in this
943 state and actively engaged in the profession. The Associated
944 Builders and Contractors of Florida, the Florida Associated
945 General Contractors Council, and the Union Contractors
946 Association are encouraged to recommend a list of candidates for
947 consideration.
948 (g) One plumbing contractor licensed to do business in this
949 state and actively engaged in the profession. The Florida
950 Association of Plumbing, Heating, and Cooling Contractors is
951 encouraged to recommend a list of candidates for consideration.
952 (h) One roofing or sheet metal contractor certified to do
953 business in this state and actively engaged in the profession.
954 The Florida Roofing, Sheet Metal, and Air Conditioning
955 Contractors Association and the Sheet Metal and Air Conditioning
956 Contractors National Association are encouraged to recommend a
957 list of candidates for consideration.
958 (i) One residential contractor licensed to do business in
959 this state and actively engaged in the profession. The Florida
960 Home Builders Association is encouraged to recommend a list of
961 candidates for consideration.
962 (j) Three members who are municipal or district codes
963 enforcement officials, one of whom is also a fire official. The
964 Building Officials Association of Florida and the Florida Fire
965 Marshals and Inspectors Association are encouraged to recommend
966 a list of candidates for consideration.
967 (k) One member who represents the Department of Financial
968 Services.
969 (l) One member who is a county codes enforcement official.
970 The Building Officials Association of Florida is encouraged to
971 recommend a list of candidates for consideration.
972 (m) One member of a Florida-based organization of persons
973 with disabilities or a nationally chartered organization of
974 persons with disabilities with chapters in this state.
975 (n) One member of the manufactured buildings industry who
976 is licensed to do business in this state and is actively engaged
977 in the industry. The Florida Manufactured Housing Association is
978 encouraged to recommend a list of candidates for consideration.
979 (o) One mechanical or electrical engineer registered to
980 practice in this state and actively engaged in the profession.
981 The Florida Engineering Society is encouraged to recommend a
982 list of candidates for consideration.
983 (p) One member who is a representative of a municipality or
984 a charter county. The Florida League of Cities and the Florida
985 Association of Counties are encouraged to recommend a list of
986 candidates for consideration.
987 (q) One member of the building products manufacturing
988 industry who is authorized to do business in this state and is
989 actively engaged in the industry. The Florida Building Material
990 Association, the Florida Concrete and Products Association, and
991 the Fenestration Manufacturers Association are encouraged to
992 recommend a list of candidates for consideration.
993 (r) One member who is a representative of the building
994 owners and managers industry who is actively engaged in
995 commercial building ownership or management. The Building Owners
996 and Managers Association is encouraged to recommend a list of
997 candidates for consideration.
998 (s) One member who is a representative of the insurance
999 industry. The Florida Insurance Council is encouraged to
1000 recommend a list of candidates for consideration.
1001 (t) One member who is a representative of public education.
1002 (u) One member who is a swimming pool contractor licensed
1003 to do business in this state and actively engaged in the
1004 profession. The Florida Swimming Pool Association and the United
1005 Pool and Spa Association are encouraged to recommend a list of
1006 candidates for consideration.
1007 (v) One member who is a representative of the green
1008 building industry and who is a third-party commission agent, a
1009 Florida board member of the United States Green Building Council
1010 or Green Building Initiative, a professional who is accredited
1011 under the International Green Construction Code (IGCC), or a
1012 professional who is accredited under Leadership in Energy and
1013 Environmental Design (LEED).
1014 (w) One member who is a representative of a natural gas
1015 distribution system and who is actively engaged in the
1016 distribution of natural gas in this state. The Florida Natural
1017 Gas Association is encouraged to recommend a list of candidates
1018 for consideration.
1019 (x)(w) One member who shall be the chair.
1020
1021 Any person serving on the commission under paragraph (c) or
1022 paragraph (h) on October 1, 2003, and who has served less than
1023 two full terms is eligible for reappointment to the commission
1024 regardless of whether he or she meets the new qualification.
1025 Section 17. Subsection (18) is added to section 553.79,
1026 Florida Statutes, to read:
1027 553.79 Permits; applications; issuance; inspections.—
1028 (18) For the purpose of inspection and record retention,
1029 site plans for a building may be maintained in the form of an
1030 electronic copy at the worksite. These plans must be open to
1031 inspection by the building official or a duly authorized
1032 representative, as required by the Florida Building Code.
1033 Section 18. Paragraph (a) of subsection (5) of section
1034 553.842, Florida Statutes, is amended to read:
1035 553.842 Product evaluation and approval.—
1036 (5) Statewide approval of products, methods, or systems of
1037 construction may be achieved by one of the following methods.
1038 One of these methods must be used by the commission to approve
1039 the following categories of products: panel walls, exterior
1040 doors, roofing, skylights, windows, shutters, impact protective
1041 systems, and structural components as established by the
1042 commission by rule. A product may not be advertised, sold,
1043 offered, provided, distributed, or marketed as hurricane,
1044 windstorm, or impact protection from wind-borne debris from a
1045 hurricane or windstorm unless it is approved pursuant to this
1046 section or s. 553.8425. Any person who advertises, sells,
1047 offers, provides, distributes, or markets a product as
1048 hurricane, windstorm, or impact protection from wind-borne
1049 debris without such approval is subject to the Florida Deceptive
1050 and Unfair Trade Practices Act under part II of chapter 501
1051 brought by the enforcing authority as defined in s. 501.203.
1052 (a) Products for which the code establishes standardized
1053 testing or comparative or rational analysis methods shall be
1054 approved by submittal and validation of one of the following
1055 reports or listings indicating that the product or method or
1056 system of construction was in compliance with the Florida
1057 Building Code and that the product or method or system of
1058 construction is, for the purpose intended, at least equivalent
1059 to that required by the Florida Building Code:
1060 1. A certification mark or listing of an approved
1061 certification agency, which may be used only for products for
1062 which the code designates standardized testing;
1063 2. A test report from an approved testing laboratory;
1064 3. A product evaluation report based upon testing or
1065 comparative or rational analysis, or a combination thereof, from
1066 an approved product evaluation entity; or
1067 4. A product evaluation report based upon testing or
1068 comparative or rational analysis, or a combination thereof,
1069 developed and signed and sealed by a professional engineer or
1070 architect, licensed in this state.
1071
1072 A product evaluation report or a certification mark or listing
1073 of an approved certification agency which demonstrates that the
1074 product or method or system of construction complies with the
1075 Florida Building Code for the purpose intended is equivalent to
1076 a test report and test procedure referenced in the Florida
1077 Building Code. An application for state approval of a product
1078 under subparagraph 1. or 3. must be approved by the department
1079 after the commission staff or a designee verifies that the
1080 application and related documentation are complete. This
1081 verification must be completed within 10 business days after
1082 receipt of the application. Upon approval by the department, the
1083 product shall be immediately added to the list of state-approved
1084 products maintained under subsection (13). Approvals by the
1085 department shall be reviewed and ratified by the commission’s
1086 program oversight committee except for a showing of good cause
1087 that a review by the full commission is necessary. The
1088 commission shall adopt rules providing means to cure
1089 deficiencies identified within submittals for products approved
1090 under this paragraph.
1091 Section 19. Section 553.901, Florida Statutes, is amended
1092 to read:
1093 553.901 Purpose of thermal efficiency code.—The Department
1094 of Business and Professional Regulation shall prepare a thermal
1095 efficiency code to provide for a statewide uniform standard for
1096 energy efficiency in the thermal design and operation of all
1097 buildings statewide, consistent with energy conservation goals,
1098 and to best provide for public safety, health, and general
1099 welfare. The Florida Building Commission shall adopt the Florida
1100 Building Code-Energy Conservation Florida Energy Efficiency Code
1101 for Building Construction within the Florida Building Code, and
1102 shall modify, revise, update, and maintain the code to implement
1103 the provisions of this thermal efficiency code and amendments
1104 thereto, in accordance with the procedures of chapter 120. The
1105 department shall, at least triennially, determine the most cost
1106 effective energy-saving equipment and techniques available and
1107 report its determinations to the commission, which shall update
1108 the code to incorporate such equipment and techniques. The
1109 proposed changes shall be made available for public review and
1110 comment no later than 6 months before prior to code
1111 implementation. The term “cost-effective,” as used in for the
1112 purposes of this part, means shall be construed to mean cost
1113 effective to the consumer.
1114 Section 20. Section 553.902, Florida Statutes, is reordered
1115 and amended to read:
1116 553.902 Definitions.—As used in For the purposes of this
1117 part, the term:
1118 (2)(1) “Exempted building” means:
1119 (a) A Any building or portion thereof whose peak design
1120 rate of energy usage for all purposes is less than 1 watt (3.4
1121 Btu per hour) per square foot of floor area for all purposes.
1122 (b) A Any building that which is neither heated nor cooled
1123 by a mechanical system designed to control or modify the indoor
1124 temperature and powered by electricity or fossil fuels.
1125 (c) A Any building for which federal mandatory standards
1126 preempt state energy codes.
1127 (d) A Any historical building as described in s.
1128 267.021(3).
1129
1130 The Florida Building Commission may recommend to the Legislature
1131 additional types of buildings which should be exempted from
1132 compliance with the Florida Building Code-Energy Conservation
1133 Florida Energy Efficiency Code for Building Construction.
1134 (4)(2) “HVAC” means a system of heating, ventilating, and
1135 air-conditioning.
1136 (6)(3) “Renovated building” means a residential or
1137 nonresidential building undergoing alteration that varies or
1138 changes insulation, HVAC systems, water heating systems, or
1139 exterior envelope conditions, if provided the estimated cost of
1140 renovation exceeds 30 percent of the assessed value of the
1141 structure.
1142 (5)(4) “Local enforcement agency” means the agency of local
1143 government which has the authority to make inspections of
1144 buildings and to enforce the Florida Building Code. The term It
1145 includes any agency within the definition of s. 553.71(5).
1146 (3)(5) “Exterior envelope physical characteristics” means
1147 the physical nature of those elements of a building which
1148 enclose conditioned spaces through which energy may be
1149 transferred to or from the exterior.
1150 (1)(6) “Energy performance level” means the indicator of
1151 the energy-related performance of a building, including, but not
1152 limited to, the levels of insulation, the amount and type of
1153 glass, and the HVAC and water heating system efficiencies.
1154 Section 21. Section 553.903, Florida Statutes, is amended
1155 to read:
1156 553.903 Applicability.—This part applies shall apply to all
1157 new and renovated buildings in the state, except exempted
1158 buildings, for which building permits are obtained after March
1159 15, 1979, and to the installation or replacement of building
1160 systems and components with new products for which thermal
1161 efficiency standards are set by the Florida Building Code-Energy
1162 Conservation Florida Energy Efficiency Code for Building
1163 Construction. The provisions of this part shall constitute a
1164 statewide uniform code.
1165 Section 22. Section 553.904, Florida Statutes, is amended
1166 to read:
1167 553.904 Thermal efficiency standards for new nonresidential
1168 buildings.—Thermal designs and operations for new nonresidential
1169 buildings for which building permits are obtained after March
1170 15, 1979, must shall at a minimum take into account exterior
1171 envelope physical characteristics, including thermal mass; HVAC,
1172 service water heating, energy distribution, lighting, energy
1173 managing, and auxiliary systems design and selection; and HVAC,
1174 service water heating, energy distribution, lighting, energy
1175 managing, and auxiliary equipment performance, and are shall not
1176 be required to meet standards more stringent than the provisions
1177 of the Florida Building Code-Energy Conservation Florida Energy
1178 Efficiency Code for Building Construction.
1179 Section 23. Section 553.905, Florida Statutes, is amended
1180 to read:
1181 553.905 Thermal efficiency standards for new residential
1182 buildings.—Thermal designs and operations for new residential
1183 buildings for which building permits are obtained after March
1184 15, 1979, must shall at a minimum take into account exterior
1185 envelope physical characteristics, HVAC system selection and
1186 configuration, HVAC equipment performance, and service water
1187 heating design and equipment selection and are shall not be
1188 required to meet standards more stringent than the provisions of
1189 the Florida Building Code-Energy Conservation Florida Energy
1190 Efficiency Code for Building Construction. HVAC equipment
1191 mounted in an attic or a garage is shall not be required to have
1192 supplemental insulation in addition to that installed by the
1193 manufacturer. All new residential buildings, except those herein
1194 exempted, must shall have insulation in ceilings rated at R-19
1195 or more, space permitting. Thermal efficiency standards do not
1196 apply to a building of less than 1,000 square feet which is not
1197 primarily used as a principal residence and which is constructed
1198 and owned by a natural person for hunting or similar
1199 recreational purposes; however, no such person may not build
1200 more than one exempt building in any 12-month period.
1201 Section 24. Section 553.906, Florida Statutes, is amended
1202 to read:
1203 553.906 Thermal efficiency standards for renovated
1204 buildings.—Thermal designs and operations for renovated
1205 buildings for which building permits are obtained after March
1206 15, 1979, must shall take into account insulation; windows;
1207 infiltration; and HVAC, service water heating, energy
1208 distribution, lighting, energy managing, and auxiliary systems
1209 design and equipment selection and performance. Such buildings
1210 are shall not be required to meet standards more stringent than
1211 the provisions of the Florida Building Code-Energy Conservation
1212 Florida Energy Efficiency Code for Building Construction. These
1213 standards apply only to those portions of the structure which
1214 are actually renovated.
1215 Section 25. Section 553.912, Florida Statutes, is amended
1216 to read:
1217 553.912 Air conditioners.—All air conditioners that are
1218 sold or installed in the state must shall meet the minimum
1219 efficiency ratings of the Florida Building Code-Energy
1220 Conservation Energy Efficiency Code for Building Construction.
1221 These efficiency ratings must shall be minimums and may be
1222 updated in the Florida Building Code-Energy Conservation Florida
1223 Energy Efficiency Code for Building Construction by the
1224 department in accordance with s. 553.901, following its
1225 determination that more cost-effective energy-saving equipment
1226 and techniques are available. It is the intent of the
1227 Legislature that all replacement air-conditioning systems in
1228 residential applications be installed using energy-saving,
1229 quality installation procedures, including, but not limited to,
1230 equipment sizing analysis and duct inspection. Notwithstanding
1231 this section, existing heating and cooling equipment in
1232 residential applications need not meet the minimum equipment
1233 efficiencies, including system sizing and duct sealing.
1234 Section 26. Section 553.991, Florida Statutes, is amended
1235 to read:
1236 553.991 Purpose.—The purpose of this part is to identify
1237 systems provide for a statewide uniform system for rating the
1238 energy efficiency of buildings. It is in the interest of the
1239 state to encourage the consideration of the energy-efficiency
1240 rating systems system in the market so as to provide market
1241 rewards for energy-efficient buildings and to those persons or
1242 companies designing, building, or selling energy-efficient
1243 buildings.
1244 Section 27. Section 553.992, Florida Statutes, is repealed.
1245 Section 28. Section 553.993, Florida Statutes, is amended
1246 to read:
1247 553.993 Definitions.—For purposes of this part:
1248 (1) “Acquisition” means to gain the sole or partial use of
1249 a building through a purchase agreement.
1250 (2) “Builder” means the primary contractor who possesses
1251 the requisite skill, knowledge, and experience, and has the
1252 responsibility, to supervise, direct, manage, and control the
1253 contracting activities of the business organization with which
1254 she or he is connected and who has the responsibility to
1255 supervise, direct, manage, and control the construction work on
1256 a job for which she or he has obtained the building permit.
1257 Construction work includes, but is not limited to, foundation,
1258 framing, wiring, plumbing, and finishing work.
1259 (3) “Building energy-efficiency rating system” means a
1260 whole building energy evaluation system established by the
1261 Residential Energy Services Network, the Commercial Energy
1262 Services Network, the Building Performance Institute, or the
1263 Florida Solar Energy Center.
1264 (4)(3) “Designer” means the architect, engineer, landscape
1265 architect, builder, interior designer, or other person who
1266 performs the actual design work or under whose direct
1267 supervision and responsible charge the construction documents
1268 are prepared.
1269 (5) “Energy auditor” means a trained and certified
1270 professional who conducts energy evaluations of an existing
1271 building and uses tools to identify the building’s current
1272 energy usage and the condition of the building and equipment.
1273 (6) “Energy-efficiency rating” means an unbiased indication
1274 of a building’s relative energy efficiency based on consistent
1275 inspection procedures, operating assumptions, climate data, and
1276 calculation methods.
1277 (7) “Energy rater” means an individual certified by a
1278 building energy-efficiency rating system to perform building
1279 energy-efficiency ratings for the building type and in the
1280 rating class for which the rater is certified.
1281 (8)(4) “New building” means commercial occupancy buildings
1282 permitted for construction after January 1, 1995, and
1283 residential occupancy buildings permitted for construction after
1284 January 1, 1994.
1285 (9)(5) “Public building” means a building comfort
1286 conditioned for occupancy that is owned or leased by the state,
1287 a state agency, or a governmental subdivision, including, but
1288 not limited to, a city, county, or school district.
1289 Section 29. Section 553.994, Florida Statutes, is amended
1290 to read:
1291 553.994 Applicability.—Building energy-efficiency The
1292 rating systems system shall apply to all public, commercial, and
1293 residential buildings in the state.
1294 Section 30. Section 553.995, Florida Statutes, is amended
1295 to read:
1296 553.995 Energy-efficiency ratings for buildings.—
1297 (1) Building The energy-efficiency rating systems must,
1298 system shall at a minimum:
1299 (a) Provide a uniform rating scale of the efficiency of
1300 buildings based on annual energy usage.
1301 (a)(b) Take into account local climate conditions,
1302 construction practices, and building use.
1303 (b)(c) Be compatible with standard federal rating systems
1304 and state building codes and standards, where applicable, and
1305 shall satisfy the requirements of s. 553.9085 with respect to
1306 residential buildings and s. 255.256 with respect to state
1307 buildings.
1308 (c)(2) The energy-efficiency rating system adopted by the
1309 department shall Provide a means of analyzing and comparing the
1310 relative energy efficiency of buildings upon the sale of new or
1311 existing residential, public, or commercial buildings.
1312 (3) The department shall establish a voluntary working
1313 group of persons interested in the energy-efficiency rating
1314 system or energy efficiency, including, but not limited to, such
1315 persons as electrical engineers, mechanical engineers,
1316 architects, public utilities, and builders. The interest group
1317 shall advise the department in the development of the energy
1318 efficiency rating system and shall assist the department in the
1319 implementation of the rating system by coordinating educational
1320 programs for designers, builders, businesses, and other
1321 interested persons to assist compliance and to facilitate
1322 incorporation of the rating system into existing practices.
1323 (2)(a)(4) The department shall develop a training and
1324 certification program to certify raters. In addition to the
1325 department, Ratings may be conducted by a any local government
1326 or private entity if, provided that the appropriate persons have
1327 completed the necessary training established by the applicable
1328 building energy-efficiency rating system and have been certified
1329 by the department.
1330 (b) The Department of Management Services shall rate state
1331 owned or state-leased buildings if, provided that the
1332 appropriate persons have completed the necessary training
1333 established by the applicable building energy-efficiency rating
1334 system and have been certified by the Department of Business and
1335 Professional Regulation.
1336 (c) A state agency that which has building construction
1337 regulation authority may rate its own buildings and those it is
1338 responsible for, if the appropriate persons have completed the
1339 necessary training established by the applicable building
1340 energy-efficiency rating system and have been certified by the
1341 Department of Business and Professional Regulation. The
1342 Department of Business and Professional Regulation may charge a
1343 fee not to exceed the costs for the training and certification
1344 of raters. The department shall by rule set the appropriate
1345 charges for raters to charge for energy ratings, not to exceed
1346 the actual costs.
1347 Section 31. Section 553.996, Florida Statutes, is amended
1348 to read:
1349 553.996 Energy-efficiency information provided by building
1350 energy-efficiency rating systems providers brochure.—A
1351 prospective purchaser of real property with a building for
1352 occupancy located thereon shall be provided with a copy of an
1353 information brochure, at the time of or before prior to the
1354 purchaser’s execution of the contract for sale and purchase
1355 which notifies, notifying the purchaser of the option for an
1356 energy-efficiency rating on the building. Building energy
1357 efficiency rating system providers identified in this part shall
1358 prepare such information and make it available for distribution
1359 Such brochure shall be prepared, made available for
1360 distribution, and provided at no cost by the department. Such
1361 brochure shall contain information relevant to that class of
1362 building must include, including, but need not be limited to:
1363 (1) How to analyze the building’s energy-efficiency rating.
1364 (2) Comparisons to statewide averages for new and existing
1365 construction of that class.
1366 (3) Information concerning methods to improve the
1367 building’s energy-efficiency rating.
1368 (4) A notice to residential purchasers that the energy
1369 efficiency rating may qualify the purchaser for an energy
1370 efficient mortgage from lending institutions.
1371 Section 32. Subsection (2) of section 553.997, Florida
1372 Statutes, is amended to read:
1373 553.997 Public buildings.—
1374 (2) The department, together with other State agencies
1375 having building construction and maintenance responsibilities,
1376 shall make available energy-efficiency practices information to
1377 be used by individuals involved in the design, construction,
1378 retrofitting, and maintenance of buildings for state and local
1379 governments.
1380 Section 33. Section 553.998, Florida Statutes, is amended
1381 to read:
1382 553.998 Compliance.—All ratings must shall be determined
1383 using tools and procedures developed by the systems recognized
1384 under this part adopted by the department by rule in accordance
1385 with chapter 120 and must shall be certified by the rater as
1386 accurate and correct and in compliance with procedures of the
1387 system under which the rater is certified adopted by the
1388 department by rule in accordance with chapter 120.
1389 Section 34. Except as otherwise explicitly stated
1390 elsewhere, this act shall take effect July 1, 2013.