Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/HB 7147, 1st Eng.
       
       
       
       
       
       
                                Ì189214&Î189214                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RE/2R         .                                
             04/30/2014 01:43 PM       .                                
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       Senator Simpson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 162.12, Florida Statutes, is amended to
    6  read:
    7         162.12 Notices.—
    8         (1) All notices required by this part must be provided to
    9  the alleged violator by:
   10         (a) Certified mail, and at the option of the local
   11  government return receipt requested, to the address listed in
   12  the tax collector’s office for tax notices or to the address
   13  listed in the county property appraiser’s database. The local
   14  government may also provide an additional notice to any other
   15  address it may find for the property owner. For property owned
   16  by a corporation, notices may be provided by certified mail to
   17  the registered agent of the corporation. If any notice sent by
   18  certified mail is not signed as received within 30 days after
   19  the postmarked date of mailing, notice may be provided by
   20  posting as described in subparagraphs (2)(b)1. and 2.;
   21         (b) Hand delivery by the sheriff or other law enforcement
   22  officer, code inspector, or other person designated by the local
   23  governing body;
   24         (c) Leaving the notice at the violator’s usual place of
   25  residence with any person residing therein who is above 15 years
   26  of age and informing such person of the contents of the notice;
   27  or
   28         (d) In the case of commercial premises, leaving the notice
   29  with the manager or other person in charge.
   30         (2) In addition to providing notice as set forth in
   31  subsection (1), at the option of the code enforcement board or
   32  the local government, notice may be served by publication or
   33  posting, as follows:
   34         (a)1. Such notice shall be published once during each week
   35  for 4 consecutive weeks (four publications being sufficient) in
   36  a newspaper of general circulation in the county where the code
   37  enforcement board is located. The newspaper shall meet such
   38  requirements as are prescribed under chapter 50 for legal and
   39  official advertisements.
   40         2. Proof of publication shall be made as provided in ss.
   41  50.041 and 50.051.
   42         (b)1. In lieu of publication as described in paragraph (a),
   43  such notice may be posted at least 10 days prior to the hearing,
   44  or prior to the expiration of any deadline contained in the
   45  notice, in at least two locations, one of which shall be the
   46  property upon which the violation is alleged to exist and the
   47  other of which shall be, in the case of municipalities, at the
   48  primary municipal government office, and in the case of
   49  counties, at the front door of the courthouse or the main county
   50  governmental center in said county.
   51         2. Proof of posting shall be by affidavit of the person
   52  posting the notice, which affidavit shall include a copy of the
   53  notice posted and the date and places of its posting.
   54         (c) Notice by publication or posting may run concurrently
   55  with, or may follow, an attempt or attempts to provide notice by
   56  hand delivery or by mail as required under subsection (1).
   57         (3) Evidence that an attempt has been made to hand deliver
   58  or mail notice as provided in subsection (1), together with
   59  proof of publication or posting as provided in subsection (2),
   60  shall be sufficient to show that the notice requirements of this
   61  part have been met, without regard to whether or not the alleged
   62  violator actually received such notice.
   63         Section 2. Paragraph (b) of subsection (3) of section
   64  373.323, Florida Statutes, is amended to read:
   65         373.323 Licensure of water well contractors; application,
   66  qualifications, and examinations; equipment identification.—
   67         (3) An applicant who meets the following requirements shall
   68  be entitled to take the water well contractor licensure
   69  examination:
   70         (b) Has at least 2 years of experience in constructing,
   71  repairing, or abandoning water wells. Satisfactory proof of such
   72  experience shall be demonstrated by providing:
   73         1. Evidence of the length of time the applicant has been
   74  engaged in the business of the construction, repair, or
   75  abandonment of water wells as a major activity, as attested to
   76  by a letter from three of the following persons:
   77         a. a water well contractor and a letter from.
   78         b. A water well driller.
   79         c. A water well parts and equipment vendor.
   80         d. a water well inspector employed by a governmental
   81  agency.
   82         2. A list of at least 10 water wells that the applicant has
   83  constructed, repaired, or abandoned within the preceding 5
   84  years. Of these wells, at least seven must have been
   85  constructed, as defined in s. 373.303(2), by the applicant. The
   86  list shall also include:
   87         a. The name and address of the owner or owners of each
   88  well.
   89         b. The location, primary use, and approximate depth and
   90  diameter of each well that the applicant has constructed,
   91  repaired, or abandoned.
   92         c. The approximate date the construction, repair, or
   93  abandonment of each well was completed.
   94         Section 3. Paragraphs (f) through (i) of subsection (2) of
   95  section 377.6015, Florida Statutes, are redesignated as
   96  paragraphs (e) through (h), respectively, and present paragraph
   97  (e) of that section is amended, to read:
   98         377.6015 Department of Agriculture and Consumer Services;
   99  powers and duties.—
  100         (2) The department shall:
  101         (e) Represent Florida in the Southern States Energy Compact
  102  pursuant to ss. 377.71-377.712.
  103         Section 4. Paragraphs (f), (h), and (i) of subsection (2)
  104  of section 377.703, Florida Statutes, are amended to read:
  105         377.703 Additional functions of the Department of
  106  Agriculture and Consumer Services.—
  107         (2) DUTIES.—The department shall perform the following
  108  functions, unless as otherwise provided, consistent with the
  109  development of a state energy policy:
  110         (f) The department shall submit an annual report to the
  111  Governor and the Legislature reflecting its activities and
  112  making recommendations for of policies for improvement of the
  113  state’s response to energy supply and demand and its effect on
  114  the health, safety, and welfare of the residents of this state
  115  people of Florida. The report must shall include a report from
  116  the Florida Public Service Commission on electricity and natural
  117  gas and information on energy conservation programs conducted
  118  and underway in the past year and shall include recommendations
  119  for energy efficiency and conservation programs for the state,
  120  including, but not limited to, the following factors:
  121         1. Formulation of specific recommendations for improvement
  122  in the efficiency of energy utilization in governmental,
  123  residential, commercial, industrial, and transportation sectors.
  124         2. Collection and dissemination of information relating to
  125  energy efficiency and conservation.
  126         3. Development and conduct of educational and training
  127  programs relating to energy efficiency and conservation.
  128         4. An analysis of the ways in which state agencies are
  129  seeking to implement s. 377.601(2), the state energy policy, and
  130  recommendations for better fulfilling this policy.
  131         (h) The department shall promote the development and use of
  132  renewable energy resources, in conformance with chapter 187 and
  133  s. 377.601, by:
  134         1. Establishing goals and strategies for increasing the use
  135  of renewable solar energy in this state.
  136         2. Aiding and promoting the commercialization of renewable
  137  energy resources solar energy technology, in cooperation with
  138  the Florida Energy Systems Consortium, the Florida Solar Energy
  139  Center, Enterprise Florida, Inc., and any other federal, state,
  140  or local governmental agency that which may seek to promote
  141  research, development, and the demonstration of renewable solar
  142  energy equipment and technology.
  143         3. Identifying barriers to greater use of renewable energy
  144  resources solar energy systems in this state, and developing
  145  specific recommendations for overcoming identified barriers,
  146  with findings and recommendations to be submitted annually in
  147  the report to the Governor and Legislature required under
  148  paragraph (f).
  149         4. In cooperation with the Department of Environmental
  150  Protection, the Department of Transportation, the Department of
  151  Economic Opportunity, Enterprise Florida, Inc., the Florida
  152  Energy Systems Consortium, the Florida Solar Energy Center, and
  153  the Florida Solar Energy Industries Association, investigating
  154  opportunities, pursuant to the national Energy Policy Act of
  155  1992, the Housing and Community Development Act of 1992, and any
  156  subsequent federal legislation, for renewable energy resources,
  157  solar electric vehicles, and other renewable solar energy
  158  manufacturing, distribution, installation, and financing efforts
  159  that which will enhance this state’s position as the leader in
  160  renewable solar energy research, development, and use.
  161         5. Undertaking other initiatives to advance the development
  162  and use of renewable energy resources in this state.
  163  
  164  In the exercise of its responsibilities under this paragraph,
  165  the department shall seek the assistance of the renewable solar
  166  energy industry in this state and other interested parties and
  167  may is authorized to enter into contracts, retain professional
  168  consulting services, and expend funds appropriated by the
  169  Legislature for such purposes.
  170         (i) The department shall promote energy efficiency and
  171  conservation in all energy use sectors throughout the state and
  172  be shall constitute the state agency primarily responsible for
  173  this function. The Department of Management Services, in
  174  consultation with the department, shall coordinate the energy
  175  conservation programs of all state agencies and review and
  176  comment on the energy conservation programs of all state
  177  agencies.
  178         Section 5. Section 377.712, Florida Statutes, is amended to
  179  read:
  180         377.712 Florida participation.—
  181         (1)(a) The Governor shall appoint one member of the
  182  Southern States Energy Board. The member or the Governor may
  183  designate another person as the deputy or assistant to such
  184  member.
  185         (b) The Commissioner of Agriculture may appoint one member
  186  of the Southern States Energy Board. The member or the
  187  commissioner may designate another person as the assistant or
  188  deputy to such member.
  189         (c)(b) The President of the Senate shall appoint one member
  190  of the Southern States Energy Board. The member or the president
  191  may designate another person as the assistant or deputy to such
  192  member.
  193         (d)(c) The Speaker of the House of Representatives shall
  194  appoint one member of the Southern States Energy Board. The
  195  member or the speaker may designate another person as the
  196  assistant or deputy to such member.
  197         (2) Any supplementary agreement entered into under s.
  198  377.711(6) requiring the expenditure of funds may shall not
  199  become effective as to Florida until the required funds are
  200  appropriated by the Legislature.
  201         (3) Departments, agencies, and officers of this state, and
  202  its subdivisions are authorized to cooperate with the board in
  203  the furtherance of any of its activities pursuant to the
  204  compact, provided such proposed activities have been made known
  205  to, and have the approval of, either the Governor or the member
  206  appointed by the Governor Department of Health.
  207         Section 6. Section 377.801, Florida Statutes, is amended to
  208  read:
  209         377.801 Short title.—Sections 377.801-377.804 377.801
  210  377.807 may be cited as the “Florida Energy and Climate
  211  Protection Act.”
  212         Section 7. Section 377.802, Florida Statutes, is amended to
  213  read:
  214         377.802 Purpose.—This act is intended to provide incentives
  215  for Florida’s citizens, businesses, school districts, and local
  216  governments to take action to diversify the state’s energy
  217  supplies, reduce dependence on foreign oil, and mitigate the
  218  effects of climate change by providing funding for activities
  219  designed to achieve these goals. The grant programs in this act
  220  are intended to stimulate capital investment in and enhance the
  221  market for renewable energy technologies and technologies
  222  intended to diversify Florida’s energy supplies, reduce
  223  dependence on foreign oil, and combat or limit climate change
  224  impacts. This act is also intended to provide incentives for the
  225  purchase of energy-efficient appliances and rebates for solar
  226  energy equipment installations for residential and commercial
  227  buildings.
  228         Section 8. Section 377.803, Florida Statutes, is amended to
  229  read:
  230         377.803 Definitions.—As used in ss. 377.801-377.804 ss.
  231  377.801-377.807, the term:
  232         (1) “Act” means the Florida Energy and Climate Protection
  233  Act.
  234         (2) “Department” means the Department of Agriculture and
  235  Consumer Services.
  236         (3) “Person” means an individual, partnership, joint
  237  venture, private or public corporation, association, firm,
  238  public service company, or any other public or private entity.
  239         (4) “Renewable energy” means electrical, mechanical, or
  240  thermal energy produced from a method that uses one or more of
  241  the following fuels or energy sources: hydrogen, biomass, as
  242  defined in s. 366.91, solar energy, geothermal energy, wind
  243  energy, ocean energy, waste heat, or hydroelectric power.
  244         (5) “Renewable energy technology” means any technology that
  245  generates or utilizes a renewable energy resource.
  246         (6) “Solar energy system” means equipment that provides for
  247  the collection and use of incident solar energy for water
  248  heating, space heating or cooling, or other applications that
  249  would normally require a conventional source of energy such as
  250  petroleum products, natural gas, or electricity that performs
  251  primarily with solar energy. In other systems in which solar
  252  energy is used in a supplemental way, only those components that
  253  collect and transfer solar energy shall be included in this
  254  definition.
  255         (7) “Solar photovoltaic system” means a device that
  256  converts incident sunlight into electrical current.
  257         (8) “Solar thermal system” means a device that traps heat
  258  from incident sunlight in order to heat water.
  259         Section 9. Sections 377.806 and 377.807, Florida Statutes,
  260  are repealed.
  261         Section 10. Section 377.815, Florida Statutes, is created
  262  to read:
  263         377.815 Alternative fueling stations and electric vehicle
  264  charging stations.—The Department of Agriculture and Consumer
  265  Services may post information on its website relating to
  266  alternative fueling stations or electric vehicle charging
  267  stations that are available for public use in this state.
  268         (1) As used in this section, the term “alternative fuel”
  269  means nontraditional transportation fuel, such as pure methanol,
  270  ethanol, and other alcohols; blends of 85 percent or more of
  271  alcohol with gasoline; natural gas and liquid fuels domestically
  272  produced from natural gas; liquefied petroleum gas; coal-derived
  273  liquid fuels; hydrogen; electricity; pure biodiesel; fuels,
  274  other than alcohol, derived from biological materials; and P
  275  series fuels.
  276         (2) An owner or operator of an alternative fueling station
  277  that is available in this state may report the following
  278  information to the department:
  279         (a) The type of alternative fuel available;
  280         (b) The station’s name, address, or location; or
  281         (c) The fees or costs associated with the alternative fuel
  282  that is available for purchase.
  283         (3) The owner or operator of an electric vehicle charging
  284  station that is available in this state may report the following
  285  information to the department:
  286         (a) The station’s name, address, or location; or
  287         (b) The fees or costs, if any, associated with the electric
  288  vehicle charging services provided by the station.
  289         Section 11. Section 440.103, Florida Statutes, is amended
  290  to read:
  291         440.103 Building permits; identification of minimum premium
  292  policy.—Every employer shall, as a condition to applying for and
  293  receiving a building permit, show proof and certify to the
  294  permit issuer that it has secured compensation for its employees
  295  under this chapter as provided in ss. 440.10 and 440.38. Such
  296  proof of compensation must be evidenced by a certificate of
  297  coverage issued by the carrier, a valid exemption certificate
  298  approved by the department, or a copy of the employer’s
  299  authority to self-insure and shall be presented, electronically
  300  or physically, each time the employer applies for a building
  301  permit. As provided in s. 553.79(19), for the purpose of
  302  inspection and record retention, site plans or building permits
  303  may be maintained at the worksite in the original form or in the
  304  form of an electronic copy. These plans and permits must be open
  305  to inspection by the building official or a duly authorized
  306  representative, as required by the Florida Building Code. As
  307  provided in s. 627.413(5), each certificate of coverage must
  308  show, on its face, whether or not coverage is secured under the
  309  minimum premium provisions of rules adopted by rating
  310  organizations licensed pursuant to s. 627.221. The words
  311  “minimum premium policy” or equivalent language shall be typed,
  312  printed, stamped, or legibly handwritten.
  313         Section 12. Subsection (5) of section 514.0115, Florida
  314  Statutes, is amended to read:
  315         514.0115 Exemptions from supervision or regulation;
  316  variances.—
  317         (5) The department may grant variances from any rule
  318  adopted under this chapter pursuant to procedures adopted by
  319  department rule. The department may also grant, pursuant to
  320  procedures adopted by department rule, variances from the
  321  provisions of the Florida Building Code specifically pertaining
  322  to public swimming pools and bathing places when requested by
  323  the pool owner or their representative to relieve hardship in
  324  cases involving deviations from the Florida Building Code
  325  provisions, when it is shown that the hardship was not caused
  326  intentionally by the action of the applicant, where no
  327  reasonable alternative exists, and the health and safety of the
  328  pool patrons is not at risk.
  329         Section 13. Effective October 1, 2014, section 514.03,
  330  Florida Statutes, is amended to read:
  331         514.03 Approval necessary to construct, develop, or modify
  332  public swimming pools or public bathing places.—
  333         (1) A person or public body desiring to construct, develop,
  334  or modify a public swimming pool must submit an application,
  335  containing the information required under s. 514.031(1)(a)1.-6.
  336  to the department for an operating permit before filing an
  337  application for a building permit under s. 553.79. A copy of the
  338  final inspection required under s. 514.031(1)(a)5. shall be
  339  submitted to the department upon receipt by the applicant. The
  340  application shall be deemed incomplete pursuant to s. 120.60
  341  until such copy is submitted to the department.
  342         (2) Local governments or local enforcement districts may
  343  determine compliance with the general construction standards of
  344  the Florida Building Code, pursuant to s. 553.80. Local
  345  governments or local enforcement districts may conduct plan
  346  reviews and inspections of public swimming pools and public
  347  bathing places for this purpose.
  348         Section 14. Effective October 1, 2014, paragraph (a) of
  349  subsection (1) of section 514.031, Florida Statutes, is amended,
  350  present paragraphs (b) and (c) of that subsection are
  351  redesignated as paragraphs (c) and (d), respectively, and a new
  352  paragraph (b) is added to that subsection, to read:
  353         514.031 Permit necessary to operate public swimming pool.—
  354         (1) It is unlawful for any person or public body to operate
  355  or continue to operate any public swimming pool without a valid
  356  permit from the department, such permit to be obtained in the
  357  following manner:
  358         (a) Any person or public body desiring to operate any
  359  public swimming pool shall file an application for an operating
  360  a permit with the department, on application forms provided by
  361  the department, and shall accompany such application with:
  362         1. A description of the structure, its appurtenances, and
  363  its operation.
  364         2.1.A description of the source or sources of water
  365  supply, and the amount and quality of water available and
  366  intended to be used.
  367         3.2.The method and manner of water purification,
  368  treatment, disinfection, and heating.
  369         4.3.The safety equipment and standards to be used.
  370         5. A copy of the final inspection from the local
  371  enforcement agency as defined in s. 553.71.
  372         6.4. Any other pertinent information deemed necessary by
  373  the department.
  374         (b) The applicant shall respond to a request for additional
  375  information due to an incomplete application for an operating
  376  permit pursuant to s. 120.60. Upon receipt of an application,
  377  whether complete or incomplete, as required in s. 514.03 and as
  378  set forth under this section, the department shall review and
  379  provide to the local enforcement agency and the applicant any
  380  comment or proposed modifications on the information received
  381  pursuant to subparagraphs 1.-6.
  382         Section 15. Paragraph (c) of subsection (1) of section
  383  553.37, Florida Statutes, is amended to read:
  384         553.37 Rules; inspections; and insignia.—
  385         (1) The Florida Building Commission shall adopt within the
  386  Florida Building Code requirements for construction or
  387  modification of manufactured buildings and building modules, to
  388  address:
  389         (c) Minimum Inspection criteria, which shall require the
  390  approved inspection agency to:
  391         1. Observe the first building built, or with regard to
  392  components, observe the first unit assembled, after
  393  certification of the manufacturer, from start to finish,
  394  inspecting all subsystems: electrical, plumbing, structural,
  395  mechanical, or thermal.
  396         2. Continue observation of the manufacturing process until
  397  the approved inspection agency determines that the
  398  manufacturer’s quality control program, in conjunction with the
  399  application of the plans approved by the approved inspection
  400  agency, will result in a building and components that meet or
  401  exceed the applicable Florida Building Code requirements.
  402         3. Thereafter, inspect each module produced during at least
  403  one point of the manufacturing process and inspect at least 75
  404  percent of the subsystems of each module: electrical, plumbing,
  405  structural, mechanical, or thermal.
  406         4. With respect to components, inspect at least 75 percent
  407  of the manufactured building components and at least 20 percent
  408  of the storage sheds that are not designed for human habitation
  409  and that have a floor area of 720 square feet or less.
  410         Section 16. Section 553.721, Florida Statutes, is amended
  411  to read:
  412         553.721 Surcharge.—In order for the Department of Business
  413  and Professional Regulation to administer and carry out the
  414  purposes of this part and related activities, there is created a
  415  surcharge, to be assessed at the rate of 1.5 percent of the
  416  permit fees associated with enforcement of the Florida Building
  417  Code as defined by the uniform account criteria and specifically
  418  the uniform account code for building permits adopted for local
  419  government financial reporting pursuant to s. 218.32. The
  420  minimum amount collected on any permit issued shall be $2. The
  421  unit of government responsible for collecting a permit fee
  422  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  423  surcharge and electronically remit the funds collected to the
  424  department on a quarterly calendar basis for the preceding
  425  quarter and continuing each third month thereafter. The unit of
  426  government shall retain 10 percent of the surcharge collected to
  427  fund the participation of building departments in the national
  428  and state building code adoption processes and to provide
  429  education related to enforcement of the Florida Building Code.
  430  All funds remitted to the department pursuant to this section
  431  shall be deposited in the Professional Regulation Trust Fund.
  432  Funds collected from the surcharge shall be allocated to fund
  433  the Florida Building Commission and the Florida Building Code
  434  Compliance and Mitigation Program under s. 553.841. Beginning in
  435  the 2013-2014 fiscal year, Funds allocated to the Florida
  436  Building Code Compliance and Mitigation Program shall be
  437  $925,000 each fiscal year. The funds collected from the
  438  surcharge may not be used to fund research on techniques for
  439  mitigation of radon in existing buildings. Funds used by the
  440  department as well as funds to be transferred to the Department
  441  of Health shall be as prescribed in the annual General
  442  Appropriations Act. The department shall adopt rules governing
  443  the collection and remittance of surcharges pursuant to chapter
  444  120.
  445         Section 17. Subsection (15) of section 553.73, Florida
  446  Statutes, is amended, and subsection (18) is added to that
  447  section, to read:
  448         553.73 Florida Building Code.—
  449         (15) An agency or local government may not require that
  450  existing mechanical equipment located on or above the surface of
  451  a roof be installed in compliance with the requirements of the
  452  Florida Building Code except when until the equipment is being
  453  required to be removed or replaced or moved during reroofing and
  454  is not in compliance with the provisions of the Florida Building
  455  Code relating to roof-mounted mechanical units.
  456         (18) In a single-family dwelling, make-up air is not
  457  required for range hood exhaust systems capable of exhausting:
  458         (a) Four hundred cubic feet per minute or less; or
  459         (b) More than 400 cubic feet per minute but no more than
  460  800 cubic feet per minute if there are no gravity vent
  461  appliances within the conditioned living space of the structure.
  462         Section 18. Subsection (1) of section 553.74, Florida
  463  Statutes, is amended to read:
  464         553.74 Florida Building Commission.—
  465         (1) The Florida Building Commission is created and located
  466  within the Department of Business and Professional Regulation
  467  for administrative purposes. Members are appointed by the
  468  Governor subject to confirmation by the Senate. The commission
  469  is composed of 27 26 members, consisting of the following:
  470         (a) One architect registered to practice in this state and
  471  actively engaged in the profession. The American Institute of
  472  Architects, Florida Section, is encouraged to recommend a list
  473  of candidates for consideration.
  474         (b) One structural engineer registered to practice in this
  475  state and actively engaged in the profession. The Florida
  476  Engineering Society is encouraged to recommend a list of
  477  candidates for consideration.
  478         (c) One air-conditioning or mechanical contractor certified
  479  to do business in this state and actively engaged in the
  480  profession. The Florida Air Conditioning Contractors
  481  Association, the Florida Refrigeration and Air Conditioning
  482  Contractors Association, and the Mechanical Contractors
  483  Association of Florida are encouraged to recommend a list of
  484  candidates for consideration.
  485         (d) One electrical contractor certified to do business in
  486  this state and actively engaged in the profession. The Florida
  487  Association of Electrical Contractors Association and the
  488  National Electrical Contractors Association, Florida Chapter,
  489  are encouraged to recommend a list of candidates for
  490  consideration.
  491         (e) One member from fire protection engineering or
  492  technology who is actively engaged in the profession. The
  493  Florida Chapter of the Society of Fire Protection Engineers and
  494  the Florida Fire Marshals and Inspectors Association are
  495  encouraged to recommend a list of candidates for consideration.
  496         (f) One general contractor certified to do business in this
  497  state and actively engaged in the profession. The Associated
  498  Builders and Contractors of Florida, the Florida Associated
  499  General Contractors Council, and the Union Contractors
  500  Association are encouraged to recommend a list of candidates for
  501  consideration.
  502         (g) One plumbing contractor licensed to do business in this
  503  state and actively engaged in the profession. The Florida
  504  Association of Plumbing, Heating, and Cooling Contractors is
  505  encouraged to recommend a list of candidates for consideration.
  506         (h) One roofing or sheet metal contractor certified to do
  507  business in this state and actively engaged in the profession.
  508  The Florida Roofing, Sheet Metal, and Air Conditioning
  509  Contractors Association and the Sheet Metal and Air Conditioning
  510  Contractors Contractors National Association are encouraged to
  511  recommend a list of candidates for consideration.
  512         (i) One residential contractor licensed to do business in
  513  this state and actively engaged in the profession. The Florida
  514  Home Builders Association is encouraged to recommend a list of
  515  candidates for consideration.
  516         (j) Three members who are municipal or district codes
  517  enforcement officials, one of whom is also a fire official. The
  518  Building Officials Association of Florida and the Florida Fire
  519  Marshals and Inspectors Association are encouraged to recommend
  520  a list of candidates for consideration.
  521         (k) One member who represents the Department of Financial
  522  Services.
  523         (l) One member who is a county codes enforcement official.
  524  The Building Officials Association of Florida is encouraged to
  525  recommend a list of candidates for consideration.
  526         (m) One member of a Florida-based organization of persons
  527  with disabilities or a nationally chartered organization of
  528  persons with disabilities with chapters in this state.
  529         (n) One member of the manufactured buildings industry who
  530  is licensed to do business in this state and is actively engaged
  531  in the industry. The Florida Manufactured Housing Association is
  532  encouraged to recommend a list of candidates for consideration.
  533         (o) One mechanical or electrical engineer registered to
  534  practice in this state and actively engaged in the profession.
  535  The Florida Engineering Society is encouraged to recommend a
  536  list of candidates for consideration.
  537         (p) One member who is a representative of a municipality or
  538  a charter county. The Florida League of Cities and the Florida
  539  Association of Counties are encouraged to recommend a list of
  540  candidates for consideration.
  541         (q) One member of the building products manufacturing
  542  industry who is authorized to do business in this state and is
  543  actively engaged in the industry. The Florida Building Material
  544  Association, the Florida Concrete and Product Products
  545  Association, and the Fenestration Manufacturers Association are
  546  encouraged to recommend a list of candidates for consideration.
  547         (r) One member who is a representative of the building
  548  owners and managers industry who is actively engaged in
  549  commercial building ownership or management. The Building Owners
  550  and Managers Association is encouraged to recommend a list of
  551  candidates for consideration.
  552         (s) One member who is a representative of the insurance
  553  industry. The Florida Insurance Council is encouraged to
  554  recommend a list of candidates for consideration.
  555         (t) One member who is a representative of public education.
  556         (u) One member who is a swimming pool contractor licensed
  557  to do business in this state and actively engaged in the
  558  profession. The Florida Swimming Pool Association and the United
  559  Pool and Spa Association are encouraged to recommend a list of
  560  candidates for consideration.
  561         (v) One member who is a representative of the green
  562  building industry and who is a third-party commission agent, a
  563  Florida board member of the United States Green Building Council
  564  or Green Building Initiative, a professional who is accredited
  565  under the International Green Construction Code (IGCC), or a
  566  professional who is accredited under Leadership in Energy and
  567  Environmental Design (LEED).
  568         (w) One member who is a representative of a natural gas
  569  distribution system and who is actively engaged in the
  570  distribution of natural gas in this state. The Florida Natural
  571  Gas Association is encouraged to recommend a list of candidates
  572  for consideration.
  573         (x) One member who is a representative of the Department of
  574  Agriculture and Consumer Services’ Office of Energy. The
  575  Commissioner of Agriculture is encouraged to recommend a list of
  576  candidates for consideration.
  577         (y)(x) One member who shall be the chair.
  578  
  579  Any person serving on the commission under paragraph (c) or
  580  paragraph (h) on October 1, 2003, and who has served less than
  581  two full terms is eligible for reappointment to the commission
  582  regardless of whether he or she meets the new qualification.
  583         Section 19. Subsection (7) is added to section 553.77,
  584  Florida Statutes, to read:
  585         553.77 Specific powers of the commission.—
  586         (7) Building officials shall recognize and enforce variance
  587  orders issued by the Department of Health pursuant to s.
  588  514.0115(5), including any conditions attached to the granting
  589  of the variance.
  590         Section 20. Section 553.775, Florida Statutes, is amended
  591  to read:
  592         553.775 Interpretations.—
  593         (1) It is the intent of the Legislature that the Florida
  594  Building Code and the Florida Accessibility Code for Building
  595  Construction be interpreted by building officials, local
  596  enforcement agencies, and the commission in a manner that
  597  protects the public safety, health, and welfare at the most
  598  reasonable cost to the consumer by ensuring uniform
  599  interpretations throughout the state and by providing processes
  600  for resolving disputes regarding interpretations of the Florida
  601  Building Code and the Florida Accessibility Code for Building
  602  Construction which are just and expeditious.
  603         (2) Local enforcement agencies, local building officials,
  604  state agencies, and the commission shall interpret provisions of
  605  the Florida Building Code and the Florida Accessibility Code for
  606  Building Construction in a manner that is consistent with
  607  declaratory statements and interpretations entered by the
  608  commission, except that conflicts between the Florida Fire
  609  Prevention Code and the Florida Building Code shall be resolved
  610  in accordance with s. 553.73(11)(c) and (d).
  611         (3) The following procedures may be invoked regarding
  612  interpretations of the Florida Building Code or the Florida
  613  Accessibility Code for Building Construction:
  614         (a) Upon written application by any substantially affected
  615  person or state agency or by a local enforcement agency, the
  616  commission shall issue declaratory statements pursuant to s.
  617  120.565 relating to the enforcement or administration by local
  618  governments of the Florida Building Code or the Florida
  619  Accessibility Code for Building Construction.
  620         (b) When requested in writing by any substantially affected
  621  person or state agency or by a local enforcement agency, the
  622  commission shall issue a declaratory statement pursuant to s.
  623  120.565 relating to this part and ss. 515.25, 515.27, 515.29,
  624  and 515.37. Actions of the commission are subject to judicial
  625  review under s. 120.68.
  626         (c) The commission shall review decisions of local building
  627  officials and local enforcement agencies regarding
  628  interpretations of the Florida Building Code or the Florida
  629  Accessibility Code for Building Construction after the local
  630  board of appeals has considered the decision, if such board
  631  exists, and if such appeals process is concluded within 25
  632  business days.
  633         1. The commission shall coordinate with the Building
  634  Officials Association of Florida, Inc., to designate panels
  635  composed of five members to hear requests to review decisions of
  636  local building officials. The members must be licensed as
  637  building code administrators under part XII of chapter 468 and
  638  must have experience interpreting and enforcing provisions of
  639  the Florida Building Code and the Florida Accessibility Code for
  640  Building Construction.
  641         2. Requests to review a decision of a local building
  642  official interpreting provisions of the Florida Building Code or
  643  the Florida Accessibility Code for Building Construction may be
  644  initiated by any substantially affected person, including an
  645  owner or builder subject to a decision of a local building
  646  official or an association of owners or builders having members
  647  who are subject to a decision of a local building official. In
  648  order to initiate review, the substantially affected person must
  649  file a petition with the commission. The commission shall adopt
  650  a form for the petition, which shall be published on the
  651  Building Code Information System. The form shall, at a minimum,
  652  require the following:
  653         a. The name and address of the county or municipality in
  654  which provisions of the Florida Building Code or the Florida
  655  Accessibility Code for Building Construction are being
  656  interpreted.
  657         b. The name and address of the local building official who
  658  has made the interpretation being appealed.
  659         c. The name, address, and telephone number of the
  660  petitioner; the name, address, and telephone number of the
  661  petitioner’s representative, if any; and an explanation of how
  662  the petitioner’s substantial interests are being affected by the
  663  local interpretation of the Florida Building Code or the Florida
  664  Accessibility Code for Building Construction.
  665         d. A statement of the provisions of the Florida Building
  666  Code or the Florida Accessibility Code for Building Construction
  667  which are being interpreted by the local building official.
  668         e. A statement of the interpretation given to provisions of
  669  the Florida Building Code or the Florida Accessibility Code for
  670  Building Construction by the local building official and the
  671  manner in which the interpretation was rendered.
  672         f. A statement of the interpretation that the petitioner
  673  contends should be given to the provisions of the Florida
  674  Building Code or the Florida Accessibility Code for Building
  675  Construction and a statement supporting the petitioner’s
  676  interpretation.
  677         g. Space for the local building official to respond in
  678  writing. The space shall, at a minimum, require the local
  679  building official to respond by providing a statement admitting
  680  or denying the statements contained in the petition and a
  681  statement of the interpretation of the provisions of the Florida
  682  Building Code or the Florida Accessibility Code for Building
  683  Construction which the local jurisdiction or the local building
  684  official contends is correct, including the basis for the
  685  interpretation.
  686         3. The petitioner shall submit the petition to the local
  687  building official, who shall place the date of receipt on the
  688  petition. The local building official shall respond to the
  689  petition in accordance with the form and shall return the
  690  petition along with his or her response to the petitioner within
  691  5 days after receipt, exclusive of Saturdays, Sundays, and legal
  692  holidays. The petitioner may file the petition with the
  693  commission at any time after the local building official
  694  provides a response. If no response is provided by the local
  695  building official, the petitioner may file the petition with the
  696  commission 10 days after submission of the petition to the local
  697  building official and shall note that the local building
  698  official did not respond.
  699         4. Upon receipt of a petition that meets the requirements
  700  of subparagraph 2., the commission shall immediately provide
  701  copies of the petition to a panel, and the commission shall
  702  publish the petition, including any response submitted by the
  703  local building official, on the Building Code Information System
  704  in a manner that allows interested persons to address the issues
  705  by posting comments.
  706         5. The panel shall conduct proceedings as necessary to
  707  resolve the issues; shall give due regard to the petitions, the
  708  response, and to comments posed on the Building Code Information
  709  System; and shall issue an interpretation regarding the
  710  provisions of the Florida Building Code or the Florida
  711  Accessibility Code for Building Construction within 21 days
  712  after the filing of the petition. The panel shall render a
  713  determination based upon the Florida Building Code or the
  714  Florida Accessibility Code for Building Construction or, if the
  715  code is ambiguous, the intent of the code. The panel’s
  716  interpretation shall be provided to the commission, which shall
  717  publish the interpretation on the Building Code Information
  718  System and in the Florida Administrative Register. The
  719  interpretation shall be considered an interpretation entered by
  720  the commission, and shall be binding upon the parties and upon
  721  all jurisdictions subject to the Florida Building Code or the
  722  Florida Accessibility Code for Building Construction, unless it
  723  is superseded by a declaratory statement issued by the Florida
  724  Building Commission or by a final order entered after an appeal
  725  proceeding conducted in accordance with subparagraph 7.
  726         6. It is the intent of the Legislature that review
  727  proceedings be completed within 21 days after the date that a
  728  petition seeking review is filed with the commission, and the
  729  time periods set forth in this paragraph may be waived only upon
  730  consent of all parties.
  731         7. Any substantially affected person may appeal an
  732  interpretation rendered by a hearing officer panel by filing a
  733  petition with the commission. Such appeals shall be initiated in
  734  accordance with chapter 120 and the uniform rules of procedure
  735  and must be filed within 30 days after publication of the
  736  interpretation on the Building Code Information System or in the
  737  Florida Administrative Register. Hearings shall be conducted
  738  pursuant to chapter 120 and the uniform rules of procedure.
  739  Decisions of the commission are subject to judicial review
  740  pursuant to s. 120.68. The final order of the commission is
  741  binding upon the parties and upon all jurisdictions subject to
  742  the Florida Building Code or the Florida Accessibility Code for
  743  Building Construction.
  744         8. The burden of proof in any proceeding initiated in
  745  accordance with subparagraph 7. is on the party who initiated
  746  the appeal.
  747         9. In any review proceeding initiated in accordance with
  748  this paragraph, including any proceeding initiated in accordance
  749  with subparagraph 7., the fact that an owner or builder has
  750  proceeded with construction may not be grounds for determining
  751  an issue to be moot if the issue is one that is likely to arise
  752  in the future.
  753  
  754  This paragraph provides the exclusive remedy for addressing
  755  requests to review local interpretations of the Florida Building
  756  Code or the Florida Accessibility Code for Building Construction
  757  and appeals from review proceedings.
  758         (d) Upon written application by any substantially affected
  759  person, contractor, or designer, or a group representing a
  760  substantially affected person, contractor, or designer, the
  761  commission shall issue or cause to be issued a formal
  762  interpretation of the Florida Building Code or the Florida
  763  Accessibility Code for Building Construction as prescribed by
  764  paragraph (c).
  765         (e) Local decisions declaring structures to be unsafe and
  766  subject to repair or demolition are not subject to review under
  767  this subsection and may not be appealed to the commission if the
  768  local governing body finds that there is an immediate danger to
  769  the health and safety of the public.
  770         (f) Upon written application by any substantially affected
  771  person, the commission shall issue a declaratory statement
  772  pursuant to s. 120.565 relating to an agency’s interpretation
  773  and enforcement of the specific provisions of the Florida
  774  Building Code or the Florida Accessibility Code for Building
  775  Construction which the agency is authorized to enforce. This
  776  subsection does not provide any powers, other than advisory, to
  777  the commission with respect to any decision of the State Fire
  778  Marshal made pursuant to chapter 633.
  779         (g) The commission may designate a commission member who
  780  has demonstrated expertise in interpreting building plans to
  781  attend each meeting of the advisory council created in s.
  782  553.512. The commission member may vary from meeting to meeting,
  783  shall serve on the council in a nonvoting capacity, and shall
  784  receive per diem and expenses as provided in s. 553.74(3).
  785         (h) The commission shall by rule establish an informal
  786  process of rendering nonbinding interpretations of the Florida
  787  Building Code and the Florida Accessibility Code for Building
  788  Construction. The commission is specifically authorized to refer
  789  interpretive issues to organizations that represent those
  790  engaged in the construction industry. The commission shall
  791  immediately implement the process before completing formal
  792  rulemaking. It is the intent of the Legislature that the
  793  commission create a process to refer questions to a small,
  794  rotating group of individuals licensed under part XII of chapter
  795  468, to which a party may pose questions regarding the
  796  interpretation of code provisions. It is the intent of the
  797  Legislature that the process provide for the expeditious
  798  resolution of the issues presented and publication of the
  799  resulting interpretation on the Building Code Information
  800  System. Such interpretations shall be advisory only and
  801  nonbinding on the parties and the commission.
  802         (4) In order to administer this section, the commission may
  803  adopt by rule and impose a fee for filing requests for
  804  declaratory statements and binding and nonbinding
  805  interpretations to recoup the cost of the proceedings which may
  806  not exceed $125 for each request for a nonbinding interpretation
  807  and $250 for each request for a binding review or
  808  interpretation. For proceedings conducted by or in coordination
  809  with a third party, the rule may provide that payment be made
  810  directly to the third party, who shall remit to the department
  811  that portion of the fee necessary to cover the costs of the
  812  department.
  813         (5) The commission may render declaratory statements in
  814  accordance with s. 120.565 relating to the provisions of the
  815  Florida Accessibility Code for Building Construction not
  816  attributable to the Americans with Disabilities Act
  817  Accessibility Guidelines. Notwithstanding the other provisions
  818  of this section, the Florida Accessibility Code for Building
  819  Construction and chapter 11 of the Florida Building Code may not
  820  be interpreted by, and are not subject to review under, any of
  821  the procedures specified in this section. This subsection has no
  822  effect upon the commission’s authority to waive the Florida
  823  Accessibility Code for Building Construction as provided by s.
  824  553.512.
  825         Section 21. Effective October 1, 2014, present subsections
  826  (11) through (18) of section 553.79, Florida Statutes, are
  827  redesignated as subsections (12) through (19), respectively, a
  828  new subsection (11) is added to that section, and present
  829  subsection (18) is amended, to read:
  830         553.79 Permits; applications; issuance; inspections.—
  831         (11) The local enforcing agency may not issue a building
  832  permit to construct, develop, or modify a public swimming pool
  833  without proof of application, whether complete or incomplete,
  834  for an operating permit pursuant to s. 514.031. A certificate of
  835  completion or occupancy may not be issued until such operating
  836  permit is issued. The local enforcing agency shall conduct their
  837  review of the building permit application upon filing and in
  838  accordance with this chapter. The local enforcing agency may
  839  confer with the Department of Health, if necessary, but may not
  840  delay the building permit application review while awaiting
  841  comment from the Department of Health.
  842         (19)(18) For the purpose of inspection and record
  843  retention, site plans or building permits for a building may be
  844  maintained in the original form or in the form of an electronic
  845  copy at the worksite. These plans and permits must be open to
  846  inspection by the building official or a duly authorized
  847  representative, as required by the Florida Building Code.
  848         Section 22. Paragraph (b) of subsection (6) of section
  849  553.80, Florida Statutes, is amended to read:
  850         553.80 Enforcement.—
  851         (6) Notwithstanding any other law, state universities,
  852  community colleges, and public school districts shall be subject
  853  to enforcement of the Florida Building Code under this part.
  854         (b) If a state university, state community college, or
  855  public school district elects to use a local government’s code
  856  enforcement offices:
  857         1. Fees charged by counties and municipalities for
  858  enforcement of the Florida Building Code on buildings,
  859  structures, and facilities of state universities, state
  860  colleges, and public school districts may not be more than the
  861  actual labor and administrative costs incurred for plans review
  862  and inspections to ensure compliance with the code.
  863         2. Counties and municipalities shall expedite building
  864  construction permitting, building plans review, and inspections
  865  of projects of state universities, state community colleges, and
  866  public schools school districts that are subject to the Florida
  867  Building Code according to guidelines established by the Florida
  868  Building Commission.
  869         3. A party substantially affected by an interpretation of
  870  the Florida Building Code by the local government’s code
  871  enforcement offices may appeal the interpretation to the local
  872  government’s board of adjustment and appeal or to the commission
  873  under s. 553.775 if no local board exists. The decision of a
  874  local board is reviewable in accordance with s. 553.775.
  875  
  876  This part may not be construed to authorize counties,
  877  municipalities, or code enforcement districts to conduct any
  878  permitting, plans review, or inspections not covered by the
  879  Florida Building Code. Any actions by counties or municipalities
  880  not in compliance with this part may be appealed to the Florida
  881  Building Commission. The commission, upon a determination that
  882  actions not in compliance with this part have delayed permitting
  883  or construction, may suspend the authority of a county,
  884  municipality, or code enforcement district to enforce the
  885  Florida Building Code on the buildings, structures, or
  886  facilities of a state university, state community college, or
  887  public school district and provide for code enforcement at the
  888  expense of the state university, state community college, or
  889  public school district.
  890         Section 23. Subsections (1) and (2) of section 553.841,
  891  Florida Statutes, are amended to read:
  892         553.841 Building code compliance and mitigation program.—
  893         (1) The Legislature finds that knowledge and understanding
  894  by persons licensed or employed in the design and construction
  895  industries of the importance and need for complying with the
  896  Florida Building Code and related laws is vital to the public
  897  health, safety, and welfare of this state, especially for
  898  protecting consumers and mitigating damage caused by hurricanes
  899  to residents and visitors to the state. The Legislature further
  900  finds that the Florida Building Code can be effective only if
  901  all participants in the design and construction industries
  902  maintain a thorough knowledge of the code, code compliance and
  903  enforcement, duties related to consumers, and changes that
  904  additions thereto which improve construction standards, project
  905  completion, and compliance of design and construction to protect
  906  against consumer harm, storm damage, and other damage.
  907  Consequently, the Legislature finds that there is a need for a
  908  program to provide ongoing education and outreach activities
  909  concerning compliance with the Florida Building Code, the
  910  Florida Fire Prevention Code, construction plan and permitting
  911  requirements, construction liens, and hurricane mitigation.
  912         (2) The Department of Business and Professional Regulation
  913  shall administer a program, designated as the Florida Building
  914  Code Compliance and Mitigation Program, to develop, coordinate,
  915  and maintain education and outreach to persons required to
  916  comply with the Florida Building Code and related provisions as
  917  specified in subsection (1) and ensure consistent education,
  918  training, and communication of the code’s requirements,
  919  including, but not limited to, methods for design and
  920  construction compliance and mitigation of storm-related damage.
  921  The program shall also operate a clearinghouse through which
  922  design, construction, and building code enforcement licensees,
  923  suppliers, and consumers in this state may find others in order
  924  to exchange information relating to mitigation and facilitate
  925  repairs in the aftermath of a natural disaster.
  926         Section 24. Section 553.883, Florida Statutes, is created
  927  to read:
  928         553.883 Smoke alarms in one-family and two-family dwellings
  929  and townhomes.—One-family and two-family dwellings and townhomes
  930  undergoing a repair, or a level 1 alteration as defined in the
  931  Florida Building Code, may use smoke alarms powered by 10-year
  932  nonremovable, nonreplaceable batteries in lieu of retrofitting
  933  such dwelling with smoke alarms powered by the dwelling’s
  934  electrical system. Effective January 1, 2015, a battery-powered
  935  smoke alarm that is newly installed or replaces an existing
  936  battery-powered smoke alarm must be powered by a nonremovable,
  937  nonreplaceable battery that powers the alarm for at least 10
  938  years. All fire alarms, smoke detectors, smoke alarms, and
  939  ancillary components that are electronically connected to a
  940  system as part of a UL Listed centrally-monitored fire alarm
  941  station are exempt from the battery requirements of this
  942  section.
  943         Section 25. Subsection (3) of section 553.993, Florida
  944  Statutes, is amended to read:
  945         553.993 Definitions.—For purposes of this part:
  946         (3) “Building energy-efficiency rating system” means a
  947  whole building energy evaluation system that provides a reliable
  948  and scientifically-based analysis of a building’s energy
  949  consumption or energy features and allows a comparison to
  950  similar building types in similar climate zones where
  951  applicable. Specifically, the rating system shall use standard
  952  calculations, formulas, and scoring methods; be applicable
  953  nationally; compare a building to a clearly defined and
  954  researched baseline or benchmark; require qualified
  955  professionals to conduct the rating or assessment; and provide a
  956  labeling and recognition program with specific criteria or
  957  levels. Residential program benchmarks for new construction must
  958  be consistent with national building standards. Residential
  959  building program benchmarks for existing construction must be
  960  consistent with national home energy rating standards. The
  961  building energy-efficiency rating system shall require at least
  962  one level of oversight performed by an organized and balanced
  963  group of professionals with subject matter expertise in energy
  964  efficiency, energy rating, and evaluation methods established by
  965  the Residential Energy Services Network, the Commercial Energy
  966  Services Network, the Building Performance Institute, or the
  967  Florida Solar Energy Center.
  968         Section 26. Subsection (15) of section 633.202, Florida
  969  Statutes, is amended to read:
  970         633.202 Florida Fire Prevention Code.—
  971         (15)(a) For one-story or two-story structures that are less
  972  than 10,000 square feet, whose occupancy is defined in the
  973  Florida Building Code and the Florida Fire Prevention Code as
  974  business or mercantile, a fire official shall enforce the wall
  975  fire-rating provisions for occupancy separation as defined in
  976  the Florida Building Code.
  977         (16)(a)(b) A structure, located on property that is
  978  classified for ad valorem purposes as agricultural, which is
  979  part of a farming or ranching operation, in which the occupancy
  980  is limited by the property owner to no more than 35 persons, and
  981  which is not used by the public for direct sales or as an
  982  educational outreach facility, is exempt from the Florida Fire
  983  Prevention Code, including the national codes and Life Safety
  984  Code incorporated by reference. This paragraph does not include
  985  structures used for residential or assembly occupancies, as
  986  defined in the Florida Fire Prevention Code.
  987         (b) A tent up to 30 feet by 30 feet is exempt from the
  988  Florida Fire Prevention Code, including the national codes
  989  incorporated by reference.
  990         Section 27. Subsection (1) of section 633.212, Florida
  991  Statutes, is amended to read:
  992         633.212 Legislative intent; informal interpretations of the
  993  Florida Fire Prevention Code.—It is the intent of the
  994  Legislature that the Florida Fire Prevention Code be interpreted
  995  by fire officials and local enforcement agencies in a manner
  996  that reasonably and cost-effectively protects the public safety,
  997  health, and welfare; ensures uniform interpretations throughout
  998  this state; and provides just and expeditious processes for
  999  resolving disputes regarding such interpretations. It is the
 1000  further intent of the Legislature that such processes provide
 1001  for the expeditious resolution of the issues presented and that
 1002  the resulting interpretation of such issues be published on the
 1003  website of the division.
 1004         (1) The division shall by rule establish an informal
 1005  process of rendering nonbinding interpretations of the Florida
 1006  Fire Prevention Code. The division may contract with and refer
 1007  interpretive issues to a third party, selected based upon cost
 1008  effectiveness, quality of services to be performed, and other
 1009  performance-based criteria, which has experience in interpreting
 1010  and enforcing the Florida Fire Prevention Code. It is the intent
 1011  of the Legislature that the division establish a Fire Code
 1012  Interpretation Committee composed of seven persons and seven
 1013  alternates, equally representing each area of the state, to
 1014  which a party can pose questions regarding the interpretation of
 1015  the Florida Fire Prevention Code provisions. The alternate
 1016  member may respond to a nonbinding interpretation if a the
 1017  member notifies the Fire Code Interpretation Committee that he
 1018  or she is unable to respond.
 1019         Section 28. Except as otherwise provided in this act, this
 1020  act shall take effect July 1, 2014.
 1021  
 1022  ================= T I T L E  A M E N D M E N T ================
 1023  And the title is amended as follows:
 1024         Delete everything before the enacting clause
 1025  and insert:
 1026                        A bill to be entitled                      
 1027         An act relating to building construction policies;
 1028         amending s. 162.12, F.S.; providing an additional
 1029         method for local governments to provide notices to
 1030         alleged code enforcement violators; amending s.
 1031         373.323, F.S.; revising the requirements of an
 1032         applicant to take the water well contractor licensure
 1033         examination; amending s. 377.6015, F.S.; removing a
 1034         provision relating to representation in the Southern
 1035         States Energy Compact; amending s. 377.703, F.S.;
 1036         requiring the Department of Agriculture and Consumer
 1037         Services to include in its annual report
 1038         recommendations for energy efficiency; expanding the
 1039         promotion of the development and use of renewable
 1040         energy resources from goals related to solar energy to
 1041         renewable energy in general; requiring the department
 1042         to cooperate with the Florida Energy Systems
 1043         Consortium in the development and use of renewable
 1044         energy resources; amending s. 377.712, F.S.;
 1045         authorizing the Commissioner of Agriculture to appoint
 1046         a member to the Southern States Energy Board;
 1047         authorizing the member appointed by the Governor to
 1048         approve proposed activities relating to furtherance of
 1049         the Southern States Energy Compact; amending s.
 1050         377.801, F.S.; conforming a cross-reference; amending
 1051         s. 377.802, F.S.; amending the purpose of the Florida
 1052         Energy and Climate Protection Act; amending s.
 1053         377.803, F.S.; conforming provisions to changes made
 1054         by the act; repealing ss. 377.806 and 377.807, F.S.,
 1055         relating to the Solar Energy System Incentives Program
 1056         and the Energy-Efficient Appliance Rebate Program,
 1057         respectively; creating s. 377.815, F.S.; authorizing
 1058         the department to post on its website information
 1059         relating to alternative fueling stations or electric
 1060         vehicle charging stations; defining the term
 1061         “alternative fuel”; authorizing the owner or operator
 1062         of an alternative fueling station or an electric
 1063         vehicle charging station to report certain
 1064         information; amending s. 440.103, F.S.; authorizing an
 1065         employer to present certain documents electronically
 1066         or physically in order to show proof and certify to
 1067         the permit issuer that it has secured compensation for
 1068         its employees; authorizing site plans or
 1069         electronically transferred building permits to be
 1070         maintained at the worksite in their original form or
 1071         by electronic copy; requiring such plans or permits to
 1072         be open to inspection by the building official or
 1073         authorized representative; amending s. 514.0115, F.S.;
 1074         authorizing the Department of Health to grant certain
 1075         variances relating to public swimming pools and
 1076         bathing places; amending s. 514.03, F.S.; requiring
 1077         application for an operating permit before filing an
 1078         application for a building permit for a public
 1079         swimming pool; amending s. 514.031, F.S.; providing
 1080         additional requirements for obtaining a public
 1081         swimming pool operating permit; providing a procedure
 1082         for an applicant to respond to a request for
 1083         additional information; requiring the Department of
 1084         Health to review and provide to the local enforcement
 1085         agency and the applicant any comments or proposed
 1086         modifications to information submitted in the
 1087         application; amending s. 553.37, F.S.; specifying
 1088         inspection criteria for construction or modification
 1089         of manufactured buildings or modules; amending s.
 1090         553.721, F.S.; making a technical change; amending s.
 1091         553.73, F.S.; authorizing an agency or local
 1092         government to require rooftop equipment to be
 1093         installed in compliance with the Florida Building Code
 1094         if the equipment is being replaced or removed during
 1095         reroofing and is not in compliance with the Florida
 1096         Building Code’s roof-mounted mechanical units
 1097         requirements; providing that make-up air is not
 1098         required for certain range hood exhaust systems;
 1099         amending s. 553.74, F.S.; adding a member to the
 1100         Florida Building Commission as a representative of the
 1101         Department of Agriculture and Consumer Services’
 1102         Office of Energy; deleting obsolete provisions;
 1103         amending s. 553.77, F.S.; requiring building officials
 1104         to recognize and enforce certain variance orders
 1105         issued by the Department of Health; amending s.
 1106         553.775, F.S.; authorizing building officials, local
 1107         enforcement agencies, and the Florida Building
 1108         Commission to interpret the Florida Accessibility Code
 1109         for Building Construction; specifying procedures for
 1110         such interpretations; deleting provisions relating to
 1111         declaratory statements and interpretations of the
 1112         Florida Accessibility Code for Building Construction,
 1113         to conform; amending s. 553.79, F.S.; prohibiting a
 1114         local enforcing agency from issuing a building permit
 1115         for a public swimming pool without proof of
 1116         application for an operating permit; requiring
 1117         issuance of an operating permit before a certificate
 1118         of completion or occupancy is issued; requiring the
 1119         local enforcing agency to review the building permit
 1120         application upon filing; authorizing such agency to
 1121         confer with the Department of Health if it doesn’t
 1122         delay review of the application; authorizing site
 1123         plans or building permits to be maintained at the
 1124         worksite in their original form or in the form of an
 1125         electronic copy; requiring the permit to be open to
 1126         inspection; amending s. 553.80, F.S.; requiring
 1127         counties and municipalities to expedite building
 1128         construction permitting, building plans review, and
 1129         inspections of projects of certain public schools,
 1130         rather than certain public school districts; amending
 1131         s. 553.841, F.S.; revising education and training
 1132         requirements of the Florida Building Code Compliance
 1133         and Mitigation Program; creating s. 553.883, F.S.;
 1134         authorizing use of smoke alarms powered by 10-year
 1135         nonremovable, nonreplaceable batteries in certain
 1136         circumstances; requiring use of such alarms by a
 1137         certain date; providing an exemption; amending s.
 1138         553.993, F.S.; redefining the term “building energy
 1139         efficiency rating system” to require consistency with
 1140         certain national standards for new construction and
 1141         existing construction; providing for oversight;
 1142         amending s. 633.202, F.S.; exempting certain tents
 1143         from the Florida Fire Prevention Code; amending s.
 1144         633.212, F.S.; removing the requirement that an
 1145         alternate member of the Fire Code Interpretation
 1146         Committee provide notice to the committee in order to
 1147         respond to a nonbinding interpretation when a member
 1148         is unable to respond; providing effective dates.