Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 704
       
       
       
       
       
       
                                Ì554986`Î554986                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/29/2016           .                                
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       The Committee on Fiscal Policy (Abruzzo) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (2), (3), and (7) of section
    6  468.609, Florida Statutes, are amended to read:
    7         468.609 Administration of this part; standards for
    8  certification; additional categories of certification.—
    9         (2) A person may take the examination for certification as
   10  a building code inspector or plans examiner pursuant to this
   11  part if the person:
   12         (a) Is at least 18 years of age.
   13         (b) Is of good moral character.
   14         (c) Meets eligibility requirements according to one of the
   15  following criteria:
   16         1. Demonstrates 5 years’ combined experience in the field
   17  of construction or a related field, building code inspection, or
   18  plans review corresponding to the certification category sought;
   19         2. Demonstrates a combination of postsecondary education in
   20  the field of construction or a related field and experience
   21  which totals 4 years, with at least 1 year of such total being
   22  experience in construction, building code inspection, or plans
   23  review;
   24         3. Demonstrates a combination of technical education in the
   25  field of construction or a related field and experience which
   26  totals 4 years, with at least 1 year of such total being
   27  experience in construction, building code inspection, or plans
   28  review;
   29         4. Currently holds a standard certificate as issued by the
   30  board, or a firesafety fire safety inspector license issued
   31  pursuant to chapter 633, has a minimum of 3 5 years’ verifiable
   32  full-time experience in inspection or plan review, and has
   33  satisfactorily completed completes a building code inspector or
   34  plans examiner training program that provides at least 100 hours
   35  but not more of not less than 200 hours of cross-training in the
   36  certification category sought. The board shall establish by rule
   37  criteria for the development and implementation of the training
   38  programs. The board shall accept all classroom training offered
   39  by an approved provider if the content substantially meets the
   40  intent of the classroom component of the training program; or
   41         5. Demonstrates a combination of the completion of an
   42  approved training program in the field of building code
   43  inspection or plan review and a minimum of 2 years’ experience
   44  in the field of building code inspection, plan review, fire code
   45  inspections and fire plans review of new buildings as a
   46  firesafety inspector certified under s. 633.216, or
   47  construction. The approved training portion of this requirement
   48  shall include proof of satisfactory completion of a training
   49  program that provides at least 200 hours but not more of not
   50  less than 300 hours of cross-training that which is approved by
   51  the board in the chosen category of building code inspection or
   52  plan review in the certification category sought with at least
   53  not less than 20 hours but not more than 30 hours of instruction
   54  in state laws, rules, and ethics relating to professional
   55  standards of practice, duties, and responsibilities of a
   56  certificateholder. The board shall coordinate with the Building
   57  Officials Association of Florida, Inc., to establish by rule the
   58  development and implementation of the training program. However,
   59  the board shall accept all classroom training offered by an
   60  approved provider if the content substantially meets the intent
   61  of the classroom component of the training program; or
   62         6.Currently holds a standard certificate issued by the
   63  board or a firesafety inspector license issued pursuant to
   64  chapter 633 and:
   65         a.Has at least 5 years’ verifiable full-time experience as
   66  an inspector or plans examiner in a standard certification
   67  category currently held or has a minimum of 5 years’ verifiable
   68  full-time experience as a firesafety inspector licensed pursuant
   69  to chapter 633.
   70         b.Has satisfactorily completed a building code inspector
   71  or plans examiner classroom training course or program that
   72  provides at least 200 but not more than 300 hours in the
   73  certification category sought, except for one-family and two
   74  family dwelling training programs, which are required to provide
   75  at least 500 but not more than 800 hours of training as
   76  prescribed by the board. The board shall establish by rule
   77  criteria for the development and implementation of classroom
   78  training courses and programs in each certification category.
   79         (3) A person may take the examination for certification as
   80  a building code administrator pursuant to this part if the
   81  person:
   82         (a) Is at least 18 years of age.
   83         (b) Is of good moral character.
   84         (c) Meets eligibility requirements according to one of the
   85  following criteria:
   86         1. Demonstrates 10 years’ combined experience as an
   87  architect, engineer, plans examiner, building code inspector,
   88  registered or certified contractor, or construction
   89  superintendent, with at least 5 years of such experience in
   90  supervisory positions; or
   91         2. Demonstrates a combination of postsecondary education in
   92  the field of construction or related field, no more than 5 years
   93  of which may be applied, and experience as an architect,
   94  engineer, plans examiner, building code inspector, registered or
   95  certified contractor, or construction superintendent which
   96  totals 10 years, with at least 5 years of such total being
   97  experience in supervisory positions. In addition, the applicant
   98  must have completed training consisting of at least 20 hours,
   99  but not more than 30 hours, of instruction in state laws, rules,
  100  and ethics relating to the professional standards of practice,
  101  duties, and responsibilities of a certificateholder.
  102         (7)(a) The board shall may provide for the issuance of
  103  provisional certificates valid for 1 year, as specified by board
  104  rule, to any newly employed or promoted building code inspector
  105  or plans examiner who meets the eligibility requirements
  106  described in subsection (2) and any newly employed or promoted
  107  building code administrator who meets the eligibility
  108  requirements described in subsection (3). The provisional
  109  license may be renewed by the board for just cause; however, a
  110  provisional license is not valid for a period longer than 3
  111  years.
  112         (b) A No building code administrator, plans examiner, or
  113  building code inspector may not have a provisional certificate
  114  extended beyond the specified period by renewal or otherwise.
  115         (c) The board shall may provide for appropriate levels of
  116  provisional certificates and may issue these certificates with
  117  such special conditions or requirements relating to the place of
  118  employment of the person holding the certificate, the
  119  supervision of such person on a consulting or advisory basis, or
  120  other matters as the board may deem necessary to protect the
  121  public safety and health.
  122         (d) A newly employed or hired person may perform the duties
  123  of a plans examiner or building code inspector for 120 days if a
  124  provisional certificate application has been submitted if such
  125  person is under the direct supervision of a certified building
  126  code administrator who holds a standard certification and who
  127  has found such person qualified for a provisional certificate.
  128  Direct supervision and the determination of qualifications may
  129  also be provided by a building code administrator who holds a
  130  limited or provisional certificate in a county having a
  131  population of fewer than 75,000 and in a municipality located
  132  within such county.
  133         Section 2. Subsection (23) is added to section 489.103,
  134  Florida Statutes, to read:
  135         489.103 Exemptions.—This part does not apply to:
  136         (23)An employee of an apartment community or apartment
  137  community management company who makes minor repairs to existing
  138  electric water heaters or to existing electric heating, venting,
  139  and air-conditioning systems if:
  140         (a)The employee:
  141         1.Does not hold himself or herself or his or her employer
  142  out to be licensed or qualified by a licensee.
  143         2.Does not perform any acts, other than acts authorized by
  144  this exemption, which constitute contracting.
  145         3.Receives compensation from and is under the supervision
  146  and control of an employer who deducts the FICA and withholding
  147  tax and who provides workers’ compensation, as prescribed by
  148  law.
  149         4.Holds a current certificate for apartment maintenance
  150  technicians issued by the National Apartment Association and
  151  accredited by the American National Standards Institute.
  152  Requirements for obtaining such certificate must include at
  153  least:
  154         a.One year of apartment or rental housing maintenance
  155  experience.
  156         b.Successful completion of at least 90 hours of courses or
  157  online content that covers electrical maintenance and repair;
  158  plumbing maintenance and repair; heating, venting, or air
  159  conditioning system maintenance and repair; appliance
  160  maintenance and repair; and interior and exterior maintenance
  161  and repair.
  162         c.Completion of all examination requirements.
  163         (b)The equipment:
  164         1.Is already installed on the property owned by the
  165  apartment community or managed by the apartment community
  166  management company.
  167         2.Is not being modified except to replace components
  168  necessary to return the equipment to its original condition and
  169  the partial disassembly associated with the replacement.
  170         3.Is a type of equipment commonly installed in similar
  171  locations.
  172         4.Is repaired with new parts that are functionally
  173  identical to the parts being replaced.
  174         (c)An individual repair does not involve replacement parts
  175  that cost more than $1,000. An individual repair may not be so
  176  extensive as to be a functional replacement of the electric
  177  water heater or the existing electric heating, venting, or air
  178  conditioning system being repaired. For purposes of this
  179  paragraph, an individual repair must not be part of a larger or
  180  major project that is divided into parts to avoid this
  181  restriction.
  182         (d)The property owned by the apartment community or
  183  managed by the apartment community management company includes
  184  at least 100 apartments.
  185  
  186  This exemption does not limit the authority of a municipality or
  187  county to adopt or enforce an ordinance, a rule, or a regulation
  188  requiring licensure, certification, or registration of persons
  189  employed as an apartment maintenance technician, apartment
  190  repair worker, or any term or position that includes any part of
  191  the scope of work described by the exemption in this subsection.
  192         Section 3. Paragraph (m) of subsection (3) of section
  193  489.105, Florida Statutes, is amended to read:
  194         489.105 Definitions.—As used in this part:
  195         (3) “Contractor” means the person who is qualified for, and
  196  is only responsible for, the project contracted for and means,
  197  except as exempted in this part, the person who, for
  198  compensation, undertakes to, submits a bid to, or does himself
  199  or herself or by others construct, repair, alter, remodel, add
  200  to, demolish, subtract from, or improve any building or
  201  structure, including related improvements to real estate, for
  202  others or for resale to others; and whose job scope is
  203  substantially similar to the job scope described in one of the
  204  paragraphs of this subsection. For the purposes of regulation
  205  under this part, the term “demolish” applies only to demolition
  206  of steel tanks more than 50 feet in height; towers more than 50
  207  feet in height; other structures more than 50 feet in height;
  208  and all buildings or residences. Contractors are subdivided into
  209  two divisions, Division I, consisting of those contractors
  210  defined in paragraphs (a)-(c), and Division II, consisting of
  211  those contractors defined in paragraphs (d)-(q):
  212         (m) “Plumbing contractor” means a contractor whose services
  213  are unlimited in the plumbing trade and includes contracting
  214  business consisting of the execution of contracts requiring the
  215  experience, financial means, knowledge, and skill to install,
  216  maintain, repair, alter, extend, or, if not prohibited by law,
  217  design plumbing. A plumbing contractor may install, maintain,
  218  repair, alter, extend, or, if not prohibited by law, design the
  219  following without obtaining an additional local regulatory
  220  license, certificate, or registration: sanitary drainage or
  221  storm drainage facilities, water and sewer plants and
  222  substations, venting systems, public or private water supply
  223  systems, septic tanks, drainage and supply wells, swimming pool
  224  piping, irrigation systems, and solar heating water systems and
  225  all appurtenances, apparatus, or equipment used in connection
  226  therewith, including boilers and pressure process piping and
  227  including the installation of water, natural gas, liquefied
  228  petroleum gas and related venting, and storm and sanitary sewer
  229  lines. The scope of work of the plumbing contractor also
  230  includes the design, if not prohibited by law, and installation,
  231  maintenance, repair, alteration, or extension of air-piping,
  232  vacuum line piping, oxygen line piping, nitrous oxide piping,
  233  and all related medical gas systems; fire line standpipes and
  234  fire sprinklers if authorized by law; ink and chemical lines;
  235  fuel oil and gasoline piping and tank and pump installation,
  236  except bulk storage plants; and pneumatic control piping
  237  systems, all in a manner that complies with all plans,
  238  specifications, codes, laws, and regulations applicable. The
  239  scope of work of the plumbing contractor applies to private
  240  property and public property, including any excavation work
  241  incidental thereto, and includes the work of the specialty
  242  plumbing contractor. Such contractor shall subcontract, with a
  243  qualified contractor in the field concerned, all other work
  244  incidental to the work but which is specified as being the work
  245  of a trade other than that of a plumbing contractor. This
  246  definition does not limit the scope of work of any specialty
  247  contractor certified pursuant to s. 489.113(6), and does not
  248  require certification or registration under this part as a
  249  category I liquefied petroleum gas dealer, LP gas installer, or
  250  specialty installer who is licensed under chapter 527 or an of
  251  any authorized employee of a public natural gas utility or of a
  252  private natural gas utility regulated by the Public Service
  253  Commission when disconnecting and reconnecting water lines in
  254  the servicing or replacement of an existing water heater. A
  255  plumbing contractor may perform drain cleaning and clearing and
  256  install or repair rainwater catchment systems; however, a
  257  mandatory licensing requirement is not established for the
  258  performance of these specific services.
  259         Section 4. Subsections (2) and (3) of section 489.1401,
  260  Florida Statutes, are amended to read:
  261         489.1401 Legislative intent.—
  262         (2) It is the intent of the Legislature that the sole
  263  purpose of the Florida Homeowners’ Construction Recovery Fund is
  264  to compensate an any aggrieved claimant who contracted for the
  265  construction or improvement of the homeowner’s residence located
  266  within this state and who has obtained a final judgment in a any
  267  court of competent jurisdiction, was awarded restitution by the
  268  Construction Industry Licensing Board, or received an award in
  269  arbitration against a licensee on grounds of financial
  270  mismanagement or misconduct, abandoning a construction project,
  271  or making a false statement with respect to a project. Such
  272  grievance must arise and arising directly out of a any
  273  transaction conducted when the judgment debtor was licensed and
  274  must involve an act performed any of the activities enumerated
  275  under s. 489.129(1)(g), (j) or (k) on the homeowner’s residence.
  276         (3) It is the intent of the Legislature that Division I and
  277  Division II contractors set apart funds for the specific
  278  objective of participating in the fund.
  279         Section 5. Paragraphs (d), (i), (k), and (l) of subsection
  280  (1) of section 489.1402, Florida Statutes, are amended to read:
  281         489.1402 Homeowners’ Construction Recovery Fund;
  282  definitions.—
  283         (1) The following definitions apply to ss. 489.140-489.144:
  284         (d) “Contractor” means a Division I or Division II
  285  contractor performing his or her respective services described
  286  in s. 489.105(3)(a)-(q) 489.105(3)(a)-(c).
  287         (i) “Residence” means a single-family residence, an
  288  individual residential condominium or cooperative unit, or a
  289  residential building containing not more than two residential
  290  units in which the owner contracting for the improvement is
  291  residing or will reside 6 months or more each calendar year upon
  292  completion of the improvement.
  293         (k) “Same transaction” means a contract, or a any series of
  294  contracts, between a claimant and a contractor or qualified
  295  business, when such contract or contracts involve the same
  296  property or contiguous properties and are entered into either at
  297  one time or serially.
  298         (l) “Valid and current license,” for the purpose of s.
  299  489.141(2)(d), means a any license issued pursuant to this part
  300  to a licensee, including a license in an active, inactive,
  301  delinquent, or suspended status.
  302         Section 6. Subsections (1) and (2) of section 489.141,
  303  Florida Statutes, are amended to read:
  304         489.141 Conditions for recovery; eligibility.—
  305         (1) A Any claimant is eligible to seek recovery from the
  306  recovery fund after making having made a claim and exhausting
  307  the limits of any available bond, cash bond, surety, guarantee,
  308  warranty, letter of credit, or policy of insurance if, provided
  309  that each of the following conditions is satisfied:
  310         (a) The claimant has received a final judgment in a court
  311  of competent jurisdiction in this state or has received an award
  312  in arbitration or the Construction Industry Licensing Board has
  313  issued a final order directing the licensee to pay restitution
  314  to the claimant. The board may waive this requirement if:
  315         1. The claimant is unable to secure a final judgment
  316  against the licensee due to the death of the licensee; or
  317         2. The claimant has sought to have assets involving the
  318  transaction that gave rise to the claim removed from the
  319  bankruptcy proceedings so that the matter might be heard in a
  320  court of competent jurisdiction in this state and, after due
  321  diligence, the claimant is precluded by action of the bankruptcy
  322  court from securing a final judgment against the licensee.
  323         (b) The judgment, award, or restitution is based upon a
  324  violation of s. 489.129(1)(g), (j), or (k) or s. 713.35.
  325         (c) The violation was committed by a licensee.
  326         (d) The judgment, award, or restitution order specifies the
  327  actual damages suffered as a consequence of such violation.
  328         (e) The contract was executed and the violation occurred on
  329  or after July 1, 1993, and provided that:
  330         1. The claimant has caused to be issued a writ of execution
  331  upon such judgment, and the officer executing the writ has made
  332  a return showing that no personal or real property of the
  333  judgment debtor or licensee liable to be levied upon in
  334  satisfaction of the judgment can be found or that the amount
  335  realized on the sale of the judgment debtor’s or licensee’s
  336  property pursuant to such execution was insufficient to satisfy
  337  the judgment;
  338         2. If the claimant is unable to comply with subparagraph 1.
  339  for a valid reason to be determined by the board, the claimant
  340  has made all reasonable searches and inquiries to ascertain
  341  whether the judgment debtor or licensee is possessed of real or
  342  personal property or other assets subject to being sold or
  343  applied in satisfaction of the judgment and by his or her search
  344  has discovered no property or assets or has discovered property
  345  and assets and has taken all necessary action and proceedings
  346  for the application thereof to the judgment but the amount
  347  thereby realized was insufficient to satisfy the judgment; and
  348         3. The claimant has made a diligent attempt, as defined by
  349  board rule, to collect the restitution awarded by the board.
  350         (f) A claim for recovery is made within 1 year after the
  351  conclusion of any civil, criminal, or administrative action or
  352  award in arbitration based on the act. This paragraph applies to
  353  any claim filed with the board after October 1, 1998.
  354         (g) Any amounts recovered by the claimant from the judgment
  355  debtor or licensee, or from any other source, have been applied
  356  to the damages awarded by the court or the amount of restitution
  357  ordered by the board.
  358         (h) The claimant is not a person who is precluded by this
  359  act from making a claim for recovery.
  360         (2) A claimant is not qualified to make a claim for
  361  recovery from the recovery fund, if:
  362         (a) The claimant is the spouse of the judgment debtor or
  363  licensee or a personal representative of such spouse;
  364         (b) The claimant is a licensee who acted as the contractor
  365  in the transaction that which is the subject of the claim;
  366         (c) The claim is based upon a construction contract in
  367  which the licensee was acting with respect to the property owned
  368  or controlled by the licensee;
  369         (d) The claim is based upon a construction contract in
  370  which the contractor did not hold a valid and current license at
  371  the time of the construction contract;
  372         (e) The claimant was associated in a business relationship
  373  with the licensee other than the contract at issue; or
  374         (f)The claimant has suffered damages as the result of
  375  making improper payments to a contractor as defined in part I of
  376  chapter 713; or
  377         (f)(g) The claimant entered into a contract has contracted
  378  with a licensee to perform a scope of work described in s.
  379  489.105(3)(d)-(q) before July 1, 2016 489.105(3)(d)-(p).
  380         Section 7. Subsection (1) of section 489.1425, Florida
  381  Statutes, is amended to read:
  382         489.1425 Duty of contractor to notify residential property
  383  owner of recovery fund.—
  384         (1) Each Any agreement or contract for repair, restoration,
  385  improvement, or construction to residential real property must
  386  contain a written statement explaining the consumer’s rights
  387  under the recovery fund, except where the value of all labor and
  388  materials does not exceed $2,500. The written statement must be
  389  substantially in the following form:
  390  
  391                  FLORIDA HOMEOWNERS’ CONSTRUCTION                 
  392                            RECOVERY FUND                          
  393  
  394  PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
  395  FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY
  396  ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
  397  FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
  398  CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A
  399  CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
  400  AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
  401  
  402  The statement must shall be immediately followed by the board’s
  403  address and telephone number as established by board rule.
  404         Section 8. Section 489.143, Florida Statutes, is amended to
  405  read:
  406         489.143 Payment from the fund.—
  407         (1) The fund shall be disbursed as provided in s. 489.141
  408  on a final order of the board.
  409         (2) A Any claimant who meets all of the conditions
  410  prescribed in s. 489.141 may apply to the board to cause payment
  411  to be made to a claimant from the recovery fund in an amount
  412  equal to the judgment, award, or restitution order or $25,000,
  413  whichever is less, or an amount equal to the unsatisfied portion
  414  of such person’s judgment, award, or restitution order, but only
  415  to the extent and amount of actual damages suffered by the
  416  claimant, and only up to the maximum payment allowed for each
  417  respective Division I and Division II claim. Payment from the
  418  fund for other costs related to or pursuant to civil proceedings
  419  such as postjudgment interest, attorney attorney’s fees, court
  420  costs, medical damages, and punitive damages is prohibited. The
  421  recovery fund is not obligated to pay a any judgment, an award,
  422  or a restitution order, or any portion thereof, which is not
  423  expressly based on one of the grounds for recovery set forth in
  424  s. 489.141.
  425         (3) Beginning January 1, 2005, for each Division I contract
  426  entered into after July 1, 2004, payment from the recovery fund
  427  is shall be subject to a $50,000 maximum payment for each
  428  Division I claim. Beginning January 1, 2017, for each Division
  429  II contract entered into on or after July 1, 2016, payment from
  430  the recovery fund is subject to a $15,000 maximum payment for
  431  each Division II claim.
  432         (4)(3) Upon receipt by a claimant under subsection (2) of
  433  payment from the recovery fund, the claimant shall assign his or
  434  her additional right, title, and interest in the judgment,
  435  award, or restitution order, to the extent of such payment, to
  436  the board, and thereupon the board shall be subrogated to the
  437  right, title, and interest of the claimant; and any amount
  438  subsequently recovered on the judgment, award, or restitution
  439  order, to the extent of the right, title, and interest of the
  440  board therein, shall be for the purpose of reimbursing the
  441  recovery fund.
  442         (5)(4) Payments for claims arising out of the same
  443  transaction shall be limited, in the aggregate, to the lesser of
  444  the judgment, award, or restitution order or the maximum payment
  445  allowed for a Division I or Division II claim, regardless of the
  446  number of claimants involved in the transaction.
  447         (6)(5)For contracts entered into before July 1, 2004,
  448  payments for claims against any one licensee may shall not
  449  exceed, in the aggregate, $100,000 annually, up to a total
  450  aggregate of $250,000. For any claim approved by the board which
  451  is in excess of the annual cap, the amount in excess of $100,000
  452  up to the total aggregate cap of $250,000 is eligible for
  453  payment in the next and succeeding fiscal years, but only after
  454  all claims for the then-current calendar year have been paid.
  455  Payments may not exceed the aggregate annual or per claimant
  456  limits under law. Beginning January 1, 2005, for each Division I
  457  contract entered into after July 1, 2004, payment from the
  458  recovery fund is subject only to a total aggregate cap of
  459  $500,000 for each Division I licensee. Beginning January 1,
  460  2017, for each Division II contract entered into on or after
  461  July 1, 2016, payment from the recovery fund is subject only to
  462  a total aggregate cap of $150,000 for each Division II licensee.
  463         (7)(6) Claims shall be paid in the order filed, up to the
  464  aggregate limits for each transaction and licensee and to the
  465  limits of the amount appropriated to pay claims against the fund
  466  for the fiscal year in which the claims were filed. Payments may
  467  not exceed the total aggregate cap per license or per claimant
  468  limits under this section.
  469         (8)(7) If the annual appropriation is exhausted with claims
  470  pending, such claims shall be carried forward to the next fiscal
  471  year. Any moneys in excess of pending claims remaining in the
  472  recovery fund at the end of the fiscal year shall be paid as
  473  provided in s. 468.631.
  474         (9)(8) Upon the payment of any amount from the recovery
  475  fund in settlement of a claim in satisfaction of a judgment,
  476  award, or restitution order against a licensee as described in
  477  s. 489.141, the license of such licensee shall be automatically
  478  suspended, without further administrative action, upon the date
  479  of payment from the fund. The license of such licensee may shall
  480  not be reinstated until he or she has repaid in full, plus
  481  interest, the amount paid from the fund. A discharge of
  482  bankruptcy does not relieve a person from the penalties and
  483  disabilities provided in this section.
  484         (10)(9)A Any firm, a corporation, a partnership, or an
  485  association, or a any person acting in his or her individual
  486  capacity, who aids, abets, solicits, or conspires with another
  487  any person to knowingly present or cause to be presented a any
  488  false or fraudulent claim for the payment of a loss under this
  489  act commits is guilty of a third-degree felony, punishable as
  490  provided in s. 775.082 or s. 775.084 and by a fine of up to not
  491  exceeding $30,000, unless the value of the fraud exceeds that
  492  amount, $30,000 in which event the fine may not exceed double
  493  the value of the fraud.
  494         (11)(10)Each payment All payments and disbursement
  495  disbursements from the recovery fund shall be made by the Chief
  496  Financial Officer upon a voucher signed by the secretary of the
  497  department or the secretary’s designee.
  498         Section 9. Subsection (24) is added to section 489.503,
  499  Florida Statutes, to read:
  500         489.503 Exemptions.—This part does not apply to:
  501         (24)A person who installs low-voltage landscape lighting
  502  that contains a factory-installed electrical cord with plug that
  503  does not require installation, wiring, or other modification to
  504  the electrical wiring of a structure.
  505         Section 10. Subsection (3) of section 514.011, Florida
  506  Statutes, is amended to read:
  507         514.011 Definitions.—As used in this chapter:
  508         (3) “Private pool” means a facility used only by an
  509  individual, family, or living unit members and their guests
  510  which does not serve any type of cooperative housing or joint
  511  tenancy of five or more living units. For purposes of the
  512  exemptions provided under s. 514.0115, the term includes a
  513  portable pool used exclusively for providing swimming lessons or
  514  related instruction in support of an established educational
  515  program sponsored or provided by a county school district and a
  516  portable pool used in conjunction with a sanctioned national or
  517  international swimming or diving competition event not to exceed
  518  consecutive 30 days of use.
  519         Section 11. Subsection (3) of section 514.0115, Florida
  520  Statutes, is amended to read:
  521         514.0115 Exemptions from supervision or regulation;
  522  variances.—
  523         (3) A private pool used for instructional purposes in
  524  swimming may shall not be regulated as a public pool. A portable
  525  pool used for instructional purposes or to further an approved
  526  educational program or used for a sanctioned national or
  527  international swimming or diving competition event, for a period
  528  of 30 consecutive days or less, may not be regulated as a public
  529  pool.
  530         Section 12. Subsection (5) of section 514.031, Florida
  531  Statutes, is amended to read:
  532         514.031 Permit necessary to operate public swimming pool.—
  533         (5) An owner or operator of a public swimming pool,
  534  including, but not limited to, a spa, wading, or special purpose
  535  pool, to which admittance is obtained by membership for a fee
  536  shall post in a prominent location within the facility the most
  537  recent pool inspection report issued by the department
  538  pertaining to the health and safety conditions of such facility.
  539  The report shall be legible and readily accessible to members or
  540  potential members. The department shall adopt rules to enforce
  541  this subsection. A portable pool may not be used as a public
  542  pool unless it is exempt under s. 514.0115.
  543         Section 13. Section 515.27, Florida Statutes, is amended to
  544  read:
  545         515.27 Residential swimming pool safety feature options;
  546  penalties.—
  547         (1) In order to pass final inspection and receive a
  548  certificate of completion, a residential swimming pool must meet
  549  at least one of the following requirements relating to pool
  550  safety features:
  551         (a) The pool must be isolated from access to a home by an
  552  enclosure that meets the pool barrier requirements of s. 515.29;
  553         (b) The pool must be equipped with an approved safety pool
  554  cover;
  555         (c) All doors and windows providing direct access from the
  556  home to the pool must be equipped with an exit alarm that has a
  557  minimum sound pressure rating of 85 dB A at 10 feet; or
  558         (d) All doors providing direct access from the home to the
  559  pool must be equipped with a self-closing, self-latching device
  560  with a release mechanism placed no lower than 54 inches above
  561  the floor; or
  562         (e)The pool must be equipped with a swimming pool alarm
  563  that, when placed in the pool, will sound upon detection of
  564  accidental or unauthorized entrance into the water. These pool
  565  alarms must meet and be independently certified to the ASTM
  566  Standard F 2208 “Standards Specification for Pool Alarms,” which
  567  includes surface motion, pressure, sonar, laser, and infrared
  568  type alarms. For purposes of this paragraph, the term “swimming
  569  pool alarm” does not include a swimming protection alarm device
  570  designed for individual use, such as an alarm attached to a
  571  child that sounds when the child’s movement exceeds a certain
  572  distance or the child becomes submerged in water.
  573         (2) A person who fails to equip a new residential swimming
  574  pool with at least one pool safety feature as required in
  575  subsection (1) commits a misdemeanor of the second degree,
  576  punishable as provided in s. 775.082 or s. 775.083, except that
  577  no penalty shall be imposed if the person, within 45 days after
  578  arrest or issuance of a summons or a notice to appear, has
  579  equipped the pool with at least one safety feature as required
  580  in subsection (1) and has attended a drowning prevention
  581  education program established by s. 515.31. However, the
  582  requirement of attending a drowning prevention education program
  583  is waived if such program is not offered within 45 days after
  584  issuance of the citation.
  585         Section 14. Subsection (2) of section 553.512, Florida
  586  Statutes, is amended to read:
  587         553.512 Modifications and waivers; advisory council.—
  588         (2) The Accessibility Advisory Council shall consist of the
  589  following seven members, who shall be knowledgeable in the area
  590  of accessibility for persons with disabilities. The Secretary of
  591  Business and Professional Regulation shall appoint the
  592  following: a representative from the Advocacy Center for Persons
  593  with Disabilities, Inc.; a representative from the Division of
  594  Blind Services; a representative from the Division of Vocational
  595  Rehabilitation; a representative from a statewide organization
  596  representing the physically handicapped; a representative from
  597  the hearing impaired; a representative from the Pensacola Pen
  598  Wheels Inc. Employ the Handicapped Council President, Florida
  599  Council of Handicapped Organizations; and a representative of
  600  the Paralyzed Veterans of America. The terms for the first three
  601  council members appointed subsequent to October 1, 1991, shall
  602  be for 4 years, the terms for the next two council members
  603  appointed shall be for 3 years, and the terms for the next two
  604  members shall be for 2 years. Thereafter, all council member
  605  appointments shall be for terms of 4 years. No council member
  606  shall serve more than two 4-year terms subsequent to October 1,
  607  1991. Any member of the council may be replaced by the secretary
  608  upon three unexcused absences. Upon application made in the form
  609  provided, an individual waiver or modification may be granted by
  610  the commission so long as such modification or waiver is not in
  611  conflict with more stringent standards provided in another
  612  chapter.
  613         Section 15. Section 553.721, Florida Statutes, is amended
  614  to read:
  615         553.721 Surcharge.—In order for the Department of Business
  616  and Professional Regulation to administer and carry out the
  617  purposes of this part and related activities, there is created a
  618  surcharge, to be assessed at the rate of 1.5 percent of the
  619  permit fees associated with enforcement of the Florida Building
  620  Code as defined by the uniform account criteria and specifically
  621  the uniform account code for building permits adopted for local
  622  government financial reporting pursuant to s. 218.32. The
  623  minimum amount collected on any permit issued shall be $2. The
  624  unit of government responsible for collecting a permit fee
  625  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  626  surcharge and electronically remit the funds collected to the
  627  department on a quarterly calendar basis for the preceding
  628  quarter and continuing each third month thereafter. The unit of
  629  government shall retain 10 percent of the surcharge collected to
  630  fund the participation of building departments in the national
  631  and state building code adoption processes and to provide
  632  education related to enforcement of the Florida Building Code.
  633  All funds remitted to the department pursuant to this section
  634  shall be deposited in the Professional Regulation Trust Fund.
  635  Funds collected from the surcharge shall be allocated to fund
  636  the Florida Building Commission and the Florida Building Code
  637  Compliance and Mitigation Program under s. 553.841. Funds
  638  allocated to the Florida Building Code Compliance and Mitigation
  639  Program shall be $925,000 each fiscal year. The Florida Building
  640  Code Compliance and Mitigation Program shall fund the
  641  recommendations made by the Building Code System Uniform
  642  Implementation Evaluation Workgroup, dated April 8, 2013, from
  643  existing resources, not to exceed $30,000 in the 2016-2017
  644  fiscal year. Funds collected from the surcharge shall also be
  645  used to fund Florida Fire Prevention Code informal
  646  interpretations managed by the State Fire Marshal and shall be
  647  limited to $15,000 each fiscal year. The State Fire Marshal
  648  shall adopt rules to address the implementation and expenditure
  649  of the funds allocated to fund the Florida Fire Prevention Code
  650  informal interpretations under this section. The funds collected
  651  from the surcharge may not be used to fund research on
  652  techniques for mitigation of radon in existing buildings. Funds
  653  used by the department as well as funds to be transferred to the
  654  Department of Health and the State Fire Marshal shall be as
  655  prescribed in the annual General Appropriations Act. The
  656  department shall adopt rules governing the collection and
  657  remittance of surcharges pursuant to chapter 120.
  658         Section 16. Paragraph (a) of subsection (7) and subsections
  659  (8), (11), and (15) of section 553.73, Florida Statutes, are
  660  amended, and subsection (19) is added to that section, to read:
  661         553.73 Florida Building Code.—
  662         (7)(a) The commission, by rule adopted pursuant to ss.
  663  120.536(1) and 120.54, shall update the Florida Building Code
  664  every 6 3 years. When updating the Florida Building Code, the
  665  commission shall select the most current version of the
  666  International Building Code, the International Fuel Gas Code,
  667  the International Mechanical Code, the International Plumbing
  668  Code, and the International Residential Code, all of which are
  669  adopted by the International Code Council, and the National
  670  Electrical Code, which is adopted by the National Fire
  671  Protection Association, to form the foundation codes of the
  672  updated Florida Building Code, if the version has been adopted
  673  by the applicable model code entity. The commission shall select
  674  the most current version of the International Energy
  675  Conservation Code (IECC) as a foundation code; however, the IECC
  676  shall be modified by the commission to maintain the efficiencies
  677  of the Florida Energy Efficiency Code for Building Construction
  678  adopted and amended pursuant to s. 553.901.
  679         (8) Notwithstanding the provisions of subsection (3) or
  680  subsection (7), the commission may address issues identified in
  681  this subsection by amending the code pursuant only to the rule
  682  adoption procedures contained in chapter 120. Provisions of the
  683  Florida Building Code, including those contained in referenced
  684  standards and criteria, relating to wind resistance or the
  685  prevention of water intrusion may not be amended pursuant to
  686  this subsection to diminish those construction requirements;
  687  however, the commission may, subject to conditions in this
  688  subsection, amend the provisions to enhance those construction
  689  requirements. Following the approval of any amendments to the
  690  Florida Building Code by the commission and publication of the
  691  amendments on the commission’s website, authorities having
  692  jurisdiction to enforce the Florida Building Code may enforce
  693  the amendments. The commission may approve amendments that are
  694  needed to address:
  695         (a) Conflicts within the updated code;
  696         (b) Conflicts between the updated code and the Florida Fire
  697  Prevention Code adopted pursuant to chapter 633;
  698         (c) Unintended results from the integration of previously
  699  adopted Florida-specific amendments with the model code;
  700         (d) Equivalency of standards;
  701         (e) Changes to or inconsistencies with federal or state
  702  law; or
  703         (f) Adoption of an updated edition of the National
  704  Electrical Code if the commission finds that delay of
  705  implementing the updated edition causes undue hardship to
  706  stakeholders or otherwise threatens the public health, safety,
  707  and welfare;.
  708         (g)Potential risks to the public health, safety, or
  709  welfare;
  710         (h)Significant economic impact as determined by the
  711  commission;
  712         (i)Existing provisions which require products or services
  713  that are not readily or consistently available to meet code
  714  requirements;
  715         (j)Existing provisions which cannot technically be
  716  enforced due to infeasibility;
  717         (k)Existing provisions which have not provided sufficient
  718  time needed to ensure adequate training for licensed
  719  professionals and their employees prior to enforcement; and
  720         (l)Provisions of previous editions of the Florida Building
  721  Code not provided for in the current code and found by the
  722  commission to be necessary.
  723         (11)(a) In the event of a conflict between the Florida
  724  Building Code and the Florida Fire Prevention Code and the Life
  725  Safety Code as applied to a specific project, the conflict shall
  726  be resolved by agreement between the local building code
  727  enforcement official and the local fire code enforcement
  728  official in favor of the requirement of the code which offers
  729  the greatest degree of lifesafety or alternatives which would
  730  provide an equivalent degree of lifesafety and an equivalent
  731  method of construction. Local boards created to address issues
  732  arising under the Florida Building Code or the Florida Fire
  733  Prevention Code may combine their appeals boards to create a
  734  single, local board having jurisdiction over matters arising
  735  under either code or both codes. The combined local appeals
  736  board may grant alternatives or modifications through procedures
  737  outlined in NFPA 1, Section 1.4, but may not waive the
  738  requirements of the Florida Fire Prevention Code. To meet the
  739  quorum requirement for convening the combined local appeals
  740  board, at least one member of the board who is a fire protection
  741  contractor, a fire protection design professional, a fire
  742  department operations professional, or a fire code enforcement
  743  professional must be present.
  744         (b) Any decision made by the local fire official regarding
  745  application, interpretation, or enforcement of the Florida Fire
  746  Prevention Code, by and the local building official regarding
  747  application, interpretation, or enforcement of the Florida
  748  Building Code, or the appropriate application of either code or
  749  both codes in the case of a conflict between the codes may be
  750  appealed to a local administrative board designated by the
  751  municipality, county, or special district having firesafety
  752  responsibilities. If the decision of the local fire official and
  753  the local building official is to apply the provisions of either
  754  the Florida Building Code or the Florida Fire Prevention Code
  755  and the Life Safety Code, the board may not alter the decision
  756  unless the board determines that the application of such code is
  757  not reasonable. If the decision of the local fire official and
  758  the local building official is to adopt an alternative to the
  759  codes, the local administrative board shall give due regard to
  760  the decision rendered by the local officials and may modify that
  761  decision if the administrative board adopts a better
  762  alternative, taking into consideration all relevant
  763  circumstances. In any case in which the local administrative
  764  board adopts alternatives to the decision rendered by the local
  765  fire official and the local building official, such alternatives
  766  shall provide an equivalent degree of lifesafety and an
  767  equivalent method of construction as the decision rendered by
  768  the local officials.
  769         (c) If the local building official and the local fire
  770  official are unable to agree on a resolution of the conflict
  771  between the Florida Building Code and the Florida Fire
  772  Prevention Code and the Life Safety Code, the local
  773  administrative board shall resolve the conflict in favor of the
  774  code which offers the greatest degree of lifesafety or
  775  alternatives which would provide an equivalent degree of
  776  lifesafety and an equivalent method of construction.
  777         (d) All decisions of the local administrative board, or, if
  778  none exists, the decisions of the local building official and
  779  the local fire official in regard to the application,
  780  enforcement, or interpretation of the Florida Fire Prevention
  781  Code, or conflicts between the Florida Fire Prevention Code and
  782  the Florida Building Code, are subject to review by a joint
  783  committee composed of members of the Florida Building Commission
  784  and the Fire Code Advisory Council. If the joint committee is
  785  unable to resolve conflicts between the codes as applied to a
  786  specific project, the matter shall be resolved pursuant to the
  787  provisions of paragraph (1)(d). Decisions of the local
  788  administrative board related solely to the Florida Building Code
  789  are subject to review as set forth in s. 553.775.
  790         (e) The local administrative board shall, to the greatest
  791  extent possible, be composed of members with expertise in
  792  building construction and firesafety standards.
  793         (f) All decisions of the local building official and local
  794  fire official and all decisions of the administrative board
  795  shall be in writing and shall be binding upon a person but do
  796  not limit the authority of the State Fire Marshal or the Florida
  797  Building Commission pursuant to paragraph (1)(d) and ss. 633.104
  798  and 633.228. Decisions of general application shall be indexed
  799  by building and fire code sections and shall be available for
  800  inspection during normal business hours.
  801         (15) An agency or local government may not require that
  802  existing mechanical equipment located on or above the surface of
  803  a roof be installed in compliance with the requirements of the
  804  Florida Building Code except during reroofing when the equipment
  805  is being replaced or moved during reroofing and is not in
  806  compliance with the provisions of the Florida Building Code
  807  relating to roof-mounted mechanical units.
  808         (19)The Florida Building Code must require two fire
  809  service access elevators in all buildings with a height greater
  810  than 120-feet from the elevation of street-level access to the
  811  level of the highest occupiable floor. Any remaining elevators
  812  must be equipped for Phase I and Phase II emergency operations.
  813  If a fire service access elevator is required in a building, a
  814  1-hour fire-rated fire service access elevator lobby with direct
  815  access from the fire service access elevator is not required if
  816  the fire service access elevator opens into an exit access
  817  corridor, which cannot be less than 6 feet wide for its entire
  818  length, must have at least 150 square feet with the exception of
  819  door openings, and must have a minimum 1-hour fire rating with
  820  three-quarter-hour fire- and smoke-rated openings. During a fire
  821  event the fire service access elevator must be pressurized and
  822  floor-to-floor smoke control must be provided. However, if
  823  transient residential occupancies occur at floor levels more
  824  than 420 feet above the level of fire service access, a 1-hour
  825  fire-rated service access elevator lobby with direct access from
  826  the fire service access elevator is required.
  827         Section 17. Paragraph (c) of subsection (3) of section
  828  553.775, Florida Statutes, is amended to read:
  829         553.775 Interpretations.—
  830         (3) The following procedures may be invoked regarding
  831  interpretations of the Florida Building Code or the Florida
  832  Accessibility Code for Building Construction:
  833         (c) The commission shall review decisions of local building
  834  officials and local enforcement agencies regarding
  835  interpretations of the Florida Building Code or the Florida
  836  Accessibility Code for Building Construction after the local
  837  board of appeals has considered the decision, if such board
  838  exists, and if such appeals process is concluded within 25
  839  business days.
  840         1. The commission shall coordinate with the Building
  841  Officials Association of Florida, Inc., to designate a panel
  842  panels composed of seven five members to hear requests to review
  843  decisions of local building officials. Five The members must be
  844  licensed as building code administrators under part XII of
  845  chapter 468, one member must be licensed as an architect under
  846  chapter 481, and one member must be licensed as an engineer
  847  under chapter 471. Each member and must have experience
  848  interpreting or and enforcing provisions of the Florida Building
  849  Code and the Florida Accessibility Code for Building
  850  Construction.
  851         2. Requests to review a decision of a local building
  852  official interpreting provisions of the Florida Building Code or
  853  the Florida Accessibility Code for Building Construction may be
  854  initiated by any substantially affected person, including an
  855  owner or builder subject to a decision of a local building
  856  official or an association of owners or builders having members
  857  who are subject to a decision of a local building official. In
  858  order to initiate review, the substantially affected person must
  859  file a petition with the commission. The commission shall adopt
  860  a form for the petition, which shall be published on the
  861  Building Code Information System. The form shall, at a minimum,
  862  require the following:
  863         a. The name and address of the county or municipality in
  864  which provisions of the Florida Building Code or the Florida
  865  Accessibility Code for Building Construction are being
  866  interpreted.
  867         b. The name and address of the local building official who
  868  has made the interpretation being appealed.
  869         c. The name, address, and telephone number of the
  870  petitioner; the name, address, and telephone number of the
  871  petitioner’s representative, if any; and an explanation of how
  872  the petitioner’s substantial interests are being affected by the
  873  local interpretation of the Florida Building Code or the Florida
  874  Accessibility Code for Building Construction.
  875         d. A statement of the provisions of the Florida Building
  876  Code or the Florida Accessibility Code for Building Construction
  877  which are being interpreted by the local building official.
  878         e. A statement of the interpretation given to provisions of
  879  the Florida Building Code or the Florida Accessibility Code for
  880  Building Construction by the local building official and the
  881  manner in which the interpretation was rendered.
  882         f. A statement of the interpretation that the petitioner
  883  contends should be given to the provisions of the Florida
  884  Building Code or the Florida Accessibility Code for Building
  885  Construction and a statement supporting the petitioner’s
  886  interpretation.
  887         g. Space for the local building official to respond in
  888  writing. The space shall, at a minimum, require the local
  889  building official to respond by providing a statement admitting
  890  or denying the statements contained in the petition and a
  891  statement of the interpretation of the provisions of the Florida
  892  Building Code or the Florida Accessibility Code for Building
  893  Construction which the local jurisdiction or the local building
  894  official contends is correct, including the basis for the
  895  interpretation.
  896         3. The petitioner shall submit the petition to the local
  897  building official, who shall place the date of receipt on the
  898  petition. The local building official shall respond to the
  899  petition in accordance with the form and shall return the
  900  petition along with his or her response to the petitioner within
  901  5 days after receipt, exclusive of Saturdays, Sundays, and legal
  902  holidays. The petitioner may file the petition with the
  903  commission at any time after the local building official
  904  provides a response. If no response is provided by the local
  905  building official, the petitioner may file the petition with the
  906  commission 10 days after submission of the petition to the local
  907  building official and shall note that the local building
  908  official did not respond.
  909         4. Upon receipt of a petition that meets the requirements
  910  of subparagraph 2., the commission shall immediately provide
  911  copies of the petition to the a panel, and the commission shall
  912  publish the petition, including any response submitted by the
  913  local building official, on the Building Code Information System
  914  in a manner that allows interested persons to address the issues
  915  by posting comments.
  916         5. The panel shall conduct proceedings as necessary to
  917  resolve the issues; shall give due regard to the petitions, the
  918  response, and to comments posed on the Building Code Information
  919  System; and shall issue an interpretation regarding the
  920  provisions of the Florida Building Code or the Florida
  921  Accessibility Code for Building Construction within 21 days
  922  after the filing of the petition. The panel shall render a
  923  determination based upon the Florida Building Code or the
  924  Florida Accessibility Code for Building Construction or, if the
  925  code is ambiguous, the intent of the code. The panel’s
  926  interpretation shall be provided to the commission, which shall
  927  publish the interpretation on the Building Code Information
  928  System and in the Florida Administrative Register. The
  929  interpretation shall be considered an interpretation entered by
  930  the commission, and shall be binding upon the parties and upon
  931  all jurisdictions subject to the Florida Building Code or the
  932  Florida Accessibility Code for Building Construction, unless it
  933  is superseded by a declaratory statement issued by the Florida
  934  Building Commission or by a final order entered after an appeal
  935  proceeding conducted in accordance with subparagraph 7.
  936         6. It is the intent of the Legislature that review
  937  proceedings be completed within 21 days after the date that a
  938  petition seeking review is filed with the commission, and the
  939  time periods set forth in this paragraph may be waived only upon
  940  consent of all parties.
  941         7. Any substantially affected person may appeal an
  942  interpretation rendered by the a hearing officer panel by filing
  943  a petition with the commission. Such appeals shall be initiated
  944  in accordance with chapter 120 and the uniform rules of
  945  procedure and must be filed within 30 days after publication of
  946  the interpretation on the Building Code Information System or in
  947  the Florida Administrative Register. Hearings shall be conducted
  948  pursuant to chapter 120 and the uniform rules of procedure.
  949  Decisions of the commission are subject to judicial review
  950  pursuant to s. 120.68. The final order of the commission is
  951  binding upon the parties and upon all jurisdictions subject to
  952  the Florida Building Code or the Florida Accessibility Code for
  953  Building Construction.
  954         8. The burden of proof in any proceeding initiated in
  955  accordance with subparagraph 7. is on the party who initiated
  956  the appeal.
  957         9. In any review proceeding initiated in accordance with
  958  this paragraph, including any proceeding initiated in accordance
  959  with subparagraph 7., the fact that an owner or builder has
  960  proceeded with construction may not be grounds for determining
  961  an issue to be moot if the issue is one that is likely to arise
  962  in the future.
  963  
  964  This paragraph provides the exclusive remedy for addressing
  965  requests to review local interpretations of the Florida Building
  966  Code or the Florida Accessibility Code for Building Construction
  967  and appeals from review proceedings.
  968         Section 18. Subsection(1) and (6) of section 553.79,
  969  Florida Statutes, are amended to read:
  970         553.79 Permits; applications; issuance; inspections.—
  971         (1) After the effective date of the Florida Building Code
  972  adopted as herein provided, it shall be unlawful for any person,
  973  firm, corporation, or governmental entity to construct, erect,
  974  alter, modify, repair, or demolish any building within this
  975  state without first obtaining a permit therefor from the
  976  appropriate enforcing agency or from such persons as may, by
  977  appropriate resolution or regulation of the authorized state or
  978  local enforcing agency, be delegated authority to issue such
  979  permits, upon the payment of such reasonable fees adopted by the
  980  enforcing agency. The enforcing agency is empowered to revoke
  981  any such permit upon a determination by the agency that the
  982  construction, erection, alteration, modification, repair, or
  983  demolition of the building for which the permit was issued is in
  984  violation of, or not in conformity with, the provisions of the
  985  Florida Building Code. Whenever a permit required under this
  986  section is denied or revoked because the plan, or the
  987  construction, erection, alteration, modification, repair, or
  988  demolition of a building, is found by the local enforcing agency
  989  to be not in compliance with the Florida Building Code, the
  990  local enforcing agency shall identify the specific plan or
  991  project features that do not comply with the applicable codes,
  992  identify the specific code chapters and sections upon which the
  993  finding is based, and provide this information to the permit
  994  applicant. Failure to provide a reason, based on compliance with
  995  the Florida Building Code or local ordinance, for a denial,
  996  revocation, or modification request to the applicant shall
  997  subject the plans reviewer or building code administrator
  998  responsible with creating the denial, revocation, or
  999  modification request to disciplinary action against his or her
 1000  license pursuant to s. 468.621(1)(j). Installation, replacement,
 1001  removal, or metering of any load management control device is
 1002  exempt from and shall not be subject to the permit process and
 1003  fees otherwise required by this section.
 1004         (6) A permit may not be issued for any building
 1005  construction, erection, alteration, modification, repair, or
 1006  addition unless the applicant for such permit complies with the
 1007  requirements for plan review established by the Florida Building
 1008  Commission within the Florida Building Code. However, the code
 1009  shall set standards and criteria to authorize preliminary
 1010  construction before completion of all building plans review,
 1011  including, but not limited to, special permits for the
 1012  foundation only, and such standards shall take effect concurrent
 1013  with the first effective date of the Florida Building Code.
 1014  After submittal of the appropriate construction documents, the
 1015  building official may issue a permit for the construction of
 1016  foundations or any other part of a building or structure before
 1017  the construction documents for the whole building or structure
 1018  have been submitted. If such a permit is issued, the
 1019  permitholder may proceed at its own risk and without assurance
 1020  that a permit for the entire structure will be granted.
 1021  Corrections may be required to meet the requirements of the
 1022  technical codes.
 1023         Section 19. Section 553.7931, Florida Statutes, is created
 1024  to read:
 1025         553.7931Alarm system registrations.—
 1026         (1) As used in this section, the term “applicable local
 1027  governmental entity” means the local enforcement agency or local
 1028  law enforcement agency responsible for the administration of
 1029  alarm system registration in a jurisdiction.
 1030         (a) The owner, lessee, or occupant, or an authorized
 1031  representative thereof, of a property must register their alarm
 1032  system with the applicable local governmental entity if such
 1033  entity requires registration of an alarm system.
 1034         (b)1. A contractor, as defined in s. 553.793, or an alarm
 1035  system monitoring company that installs a monitored alarm system
 1036  shall provide written notice, on paper or electronically, to an
 1037  owner, a lessee, or an occupant, or an authorized representative
 1038  thereof, before activation or reactivation of an alarm system,
 1039  that an obligation to register the alarm system with an
 1040  applicable local governmental entity may exist.
 1041         2. An alarm system monitoring company that activates an
 1042  alarm system installed by an owner, a lessee, or an occupant, or
 1043  an authorized representative thereof, shall provide verbal
 1044  notice to the owner, lessee, or occupant, or authorized
 1045  representative thereof, before activation or reactivation of an
 1046  alarm system, that an obligation to register the alarm system
 1047  with an applicable local governmental entity may exist.
 1048         (2) A contractor or an alarm system monitoring company
 1049  shall not be liable for civil penalties and fines assessed or
 1050  imposed by the applicable local governmental entity for failure
 1051  to register an alarm system, dispatch to an unregistered user,
 1052  or for excessive false alarms not attributed to alarm system
 1053  monitoring company error or improper installation by the
 1054  contractor or alarm system monitoring company.
 1055         (3)A municipality, county, district, or other local
 1056  governmental entity may not require that an alarm system
 1057  registration form be notarized before an alarm system may be
 1058  registered.
 1059         (4)A municipality, county, district, or other local
 1060  governmental entity may not adopt or maintain in effect any
 1061  ordinance or rule regarding alarm system registration that is
 1062  inconsistent with this section.
 1063         Section 20. Paragraph (d) is added to subsection (7) of
 1064  section 553.80, Florida Statutes, to read:
 1065         553.80 Enforcement.—
 1066         (7) The governing bodies of local governments may provide a
 1067  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
 1068  166.222 and this section, for enforcing this part. These fees,
 1069  and any fines or investment earnings related to the fees, shall
 1070  be used solely for carrying out the local government’s
 1071  responsibilities in enforcing the Florida Building Code. When
 1072  providing a schedule of reasonable fees, the total estimated
 1073  annual revenue derived from fees, and the fines and investment
 1074  earnings related to the fees, may not exceed the total estimated
 1075  annual costs of allowable activities. Any unexpended balances
 1076  shall be carried forward to future years for allowable
 1077  activities or shall be refunded at the discretion of the local
 1078  government. The basis for a fee structure for allowable
 1079  activities shall relate to the level of service provided by the
 1080  local government and shall include consideration for refunding
 1081  fees due to reduced services based on services provided as
 1082  prescribed by s. 553.791, but not provided by the local
 1083  government. Fees charged shall be consistently applied.
 1084         (d)The local enforcement agency may not require the
 1085  payment of any additional fees, charges, or expenses associated
 1086  with:
 1087         1.Providing proof of licensure pursuant to chapter 489;
 1088         2.Recording or filing a license issued pursuant to this
 1089  chapter; or
 1090         3.Providing, recording, or filing evidence of workers’
 1091  compensation insurance coverage as required by chapter 440.
 1092         Section 21. Paragraph (a) of subsection (8) of section
 1093  553.842, Florida Statutes, is amended to read:
 1094         553.842 Product evaluation and approval.—
 1095         (8) The commission may adopt rules to approve the following
 1096  types of entities that produce information on which product
 1097  approvals are based. All of the following entities, including
 1098  engineers and architects, must comply with a nationally
 1099  recognized standard demonstrating independence or no conflict of
 1100  interest:
 1101         (a) Evaluation entities approved pursuant to this
 1102  paragraph. The commission shall specifically approve the
 1103  National Evaluation Service, the International Association of
 1104  Plumbing and Mechanical Officials Evaluation Service, the
 1105  International Code Council Evaluation Services, Underwriters
 1106  Laboratories, LLC, Intertek Testing Services NA, Inc., and the
 1107  Miami-Dade County Building Code Compliance Office Product
 1108  Control Division. Architects and engineers licensed in this
 1109  state are also approved to conduct product evaluations as
 1110  provided in subsection (5).
 1111         Section 22. Paragraph (c) of subsection (3) of section
 1112  553.844, Florida Statutes, is amended and subsection (4) of that
 1113  section is revived, readopted, and amended to read:
 1114         553.844 Windstorm loss mitigation; requirements for roofs
 1115  and opening protection.—
 1116         (3) The Legislature finds that the integration of these
 1117  specifically identified mitigation measures is critical to
 1118  addressing the serious problem facing the state from damage
 1119  caused by windstorms and that delay in the adoption and
 1120  implementation constitutes a threat to the health, safety, and
 1121  welfare of the state. Accordingly, the Florida Building
 1122  Commission shall develop and adopt these measures by October 1,
 1123  2007, by rule separate from the Florida Building Code, which
 1124  take immediate effect and shall incorporate such requirements
 1125  into the next edition of the Florida Building Code. Such rules
 1126  shall require or otherwise clarify that for site-built, single
 1127  family residential structures:
 1128         (c) Any activity requiring a building permit, not including
 1129  work associated with the prevention of degradation of the
 1130  residence, that is applied for on or after July 1, 2008, and for
 1131  which the estimated cost is $50,000 or more, must include
 1132  provision of opening protections as required within the Florida
 1133  Building Code for new construction for a building that is
 1134  located in the wind-borne debris region as defined in s. 1609.2
 1135  of the International Building Code (2006) and that has an
 1136  insured value of $750,000 or more, or, if the building is
 1137  uninsured or for which documentation of insured value is not
 1138  presented, has a just valuation for the structure for purposes
 1139  of ad valorem taxation of $750,000 or more.
 1140         (4) Notwithstanding the provisions of this section, exposed
 1141  mechanical equipment or appliances fastened to a roof or
 1142  installed on the ground in compliance with the code using rated
 1143  stands, platforms, curbs, slabs, walls, or other means are
 1144  deemed to comply with the wind resistance requirements of the
 1145  2007 Florida Building Code, as amended. Further support or
 1146  enclosure of such mechanical equipment or appliances is not
 1147  required by a state or local official having authority to
 1148  enforce the Florida Building Code. This subsection expires on
 1149  the effective date of the 2013 Florida Building Code.
 1150         Section 23. Section 553.883, Florida Statutes, is amended
 1151  to read:
 1152         553.883 Smoke alarms in one-family and two-family dwellings
 1153  and townhomes.—One-family and two-family dwellings and townhomes
 1154  undergoing a repair, or a level 1 alteration as defined in the
 1155  Florida Building Code, may use smoke alarms powered by 10-year
 1156  nonremovable, nonreplaceable batteries in lieu of retrofitting
 1157  such dwelling with smoke alarms powered by the dwelling’s
 1158  electrical system. Effective January 1, 2015, A battery-powered
 1159  smoke alarm that is newly installed or replaces an existing
 1160  battery-powered smoke alarm as a result of a level 1 alteration,
 1161  must be powered by a nonremovable, nonreplaceable battery that
 1162  powers the alarm for at least 10 years. This does not prohibit a
 1163  homeowner from replacing an existing smoke alarm or installing a
 1164  new smoke alarm that is not powered by a 10-year nonremovable,
 1165  nonreplaceable battery or by the dwelling’s electrical system.
 1166  The battery requirements of this section do not apply to a fire
 1167  alarm, smoke detector, smoke alarm, or ancillary component that
 1168  is electronically connected as a part of a centrally monitored
 1169  or supervised alarm system; that uses a low-power radio
 1170  frequency wireless communication signal; or that contains
 1171  multiple sensors, such as a smoke alarm combined with a carbon
 1172  monoxide alarm or other multi-sensor devices, and is approved
 1173  and listed by a nationally recognized testing laboratory.
 1174         Section 24. Section 553.908, Florida Statutes, is amended
 1175  to read:
 1176         553.908 Inspection.—Before construction or renovation is
 1177  completed, the local enforcement agency shall inspect buildings
 1178  for compliance with the standards of this part. Notwithstanding
 1179  any other provision of the code or law, effective July 1, 2016,
 1180  section R402.4.1.2 of the Florida Building Code, 5th Edition
 1181  (2014) Energy Conservation, which became effective on June 30,
 1182  2015, shall increase the building’s or dwelling unit’s maximum
 1183  tested air leakage measure from “not exceeding 5 air changes per
 1184  hour” to “not exceeding 7 air changes per hour” in Climate Zones
 1185  1 and 2. The mandatory blower door testing for residential
 1186  buildings or dwelling units as contained in section R402.1.2 of
 1187  the Florida Building Code, 5th Edition (2014) Energy
 1188  Conservation, may not take effect until July 1, 2017, and does
 1189  not apply to construction permitted before July 1, 2017.
 1190  Additionally, section M401.2 of the Florida Building Code, 5th
 1191  Edition (2014) Mechanical, which became effective on June 30,
 1192  2015, shall decrease the air filtration rate in a dwelling unit
 1193  from “less than 5” to “less than 3” air changes per hour when
 1194  tested with a blower door at a pressure of 0.2-inch water column
 1195  (50 Pascals) in accordance with Section R402.4.1.2 of the
 1196  Florida Building Code, 5th Edition (2014) Energy Conservation.
 1197         Section 25. Subsection (3) of section 553.993, Florida
 1198  Statutes, is amended to read:
 1199         553.993 Definitions.—For purposes of this part:
 1200         (3) “Building energy-efficiency rating system” means a
 1201  whole building energy evaluation system that provides a reliable
 1202  and scientifically based analysis of a building’s energy
 1203  consumption or energy features and allows a comparison to
 1204  similar building types in similar climate zones where
 1205  applicable. Specifically, the rating system shall use standard
 1206  calculations, formulas, and scoring methods; be applicable
 1207  nationally; compare a building to a clearly defined and
 1208  researched baseline or benchmark; require qualified
 1209  professionals to conduct the rating or assessment; and provide a
 1210  labeling and recognition program with specific criteria or
 1211  levels. Residential program benchmarks for new construction must
 1212  be consistent with national building standards. Residential
 1213  building program benchmarks for existing construction must be
 1214  consistent with national home energy rating standards. The
 1215  building energy-efficiency rating system shall require at least
 1216  one level of oversight performed by an organized and balanced
 1217  group of professionals with subject matter expertise in energy
 1218  efficiency, energy rating, and evaluation methods established by
 1219  the Residential Energy Services Network, the Commercial Energy
 1220  Services Network, the Building Performance Institute, or the
 1221  Florida Solar Energy Center.
 1222         Section 26. Subsections (17) and (18) are added to section
 1223  633.202, Florida Statutes, to read:
 1224         633.202 Florida Fire Prevention Code.—
 1225         (17)The authority having jurisdiction shall determine the
 1226  minimum radio signal strength for fire department communications
 1227  in all new high-rise and existing high-rise buildings. Existing
 1228  buildings are not required to comply with minimum radio strength
 1229  for fire department communications and two-way radio system
 1230  enhancement communications as required by the Florida Fire
 1231  Prevention Code until January 1, 2022. However, by December 31,
 1232  2019, an existing building that is not in compliance with the
 1233  requirements for minimum radio strength for fire department
 1234  communications must apply for an appropriate permit for the
 1235  required installation with the local government agency having
 1236  jurisdiction and must demonstrate that the building will become
 1237  compliant by January 1, 2022. Existing apartment buildings are
 1238  not required to comply until January 1, 2025. However, existing
 1239  apartment buildings are required to apply for the appropriate
 1240  permit for the required communications installation by December
 1241  31, 2022.
 1242         (18)Areas of refuge must be provided if required by the
 1243  Florida Building Code, Accessibility. Required portions of an
 1244  area of refuge shall be accessible from the space they serve by
 1245  an accessible means of egress.
 1246         Section 27. Subsection (5) of section 633.208, Florida
 1247  Statutes, is amended to read:
 1248         633.208 Minimum firesafety standards.—
 1249         (5) With regard to existing buildings, the Legislature
 1250  recognizes that it is not always practical to apply any or all
 1251  of the provisions of the Florida Fire Prevention Code and that
 1252  physical limitations may require disproportionate effort or
 1253  expense with little increase in fire or life safety. Before
 1254  Prior to applying the minimum firesafety code to an existing
 1255  building, the local fire official shall determine whether that a
 1256  threat to lifesafety or property exists. If a threat to
 1257  lifesafety or property exists, the fire official shall apply the
 1258  applicable firesafety code for existing buildings to the extent
 1259  practical to ensure assure a reasonable degree of lifesafety and
 1260  safety of property or the fire official shall fashion a
 1261  reasonable alternative that which affords an equivalent degree
 1262  of lifesafety and safety of property. The local fire official
 1263  may consider the fire safety evaluation systems found in NFPA
 1264  101A, Guide on Alternative Solutions to Life Safety, adopted by
 1265  the State Fire Marshal, as acceptable systems for the
 1266  identification of low-cost, reasonable alternatives. It is
 1267  acceptable to use the Fire Safety Evaluation System for Board
 1268  and Care Facilities using prompt evacuation capabilities
 1269  parameter values on existing residential high-rise buildings.
 1270  The decision of the local fire official may be appealed to the
 1271  local administrative board described in s. 553.73.
 1272         Section 28. Section 633.336, Florida Statutes, is amended
 1273  to read:
 1274         633.336 Contracting without certificate prohibited;
 1275  violations; penalty.—
 1276         (1) It is unlawful for any organization or individual to
 1277  engage in the business of layout, fabrication, installation,
 1278  inspection, alteration, repair, or service of a fire protection
 1279  system, other than a preengineered system, act in the capacity
 1280  of a fire protection contractor, or advertise itself as being a
 1281  fire protection contractor without having been duly certified
 1282  and holding a valid and existing certificate, except as
 1283  hereinafter provided. The holder of a certificate used to
 1284  qualify an organization must be a full-time employee of the
 1285  qualified organization or business. A certificateholder who is
 1286  employed by more than one fire protection contractor during the
 1287  same time is deemed not to be a full-time employee of either
 1288  contractor. The State Fire Marshal shall revoke, for a period
 1289  determined by the State Fire Marshal, the certificate of a
 1290  certificateholder who allows the use of the certificate to
 1291  qualify a company of which the certificateholder is not a full
 1292  time employee. A contractor who maintains more than one place of
 1293  business must employ a certificateholder at each location. This
 1294  subsection does not prohibit an employee acting on behalf of
 1295  governmental entities from inspecting and enforcing firesafety
 1296  codes, provided such employee is certified under s. 633.216.
 1297         (2) A fire protection contractor certified under this
 1298  chapter may not:
 1299         (a) Enter into a written or oral agreement to authorize, or
 1300  otherwise knowingly allow, a contractor who is not certified
 1301  under this chapter to engage in the business of, or act in the
 1302  capacity of, a fire protection contractor.
 1303         (b) Apply for or obtain a construction permit for fire
 1304  protection work unless the fire protection contractor or the
 1305  business organization qualified by the fire protection
 1306  contractor has contracted to conduct the work specified in the
 1307  application for the permit.
 1308         (3)The Legislature recognizes that special expertise is
 1309  required for fire pump control panels and maintenance of
 1310  electric and diesel pump drivers and that it is not economically
 1311  feasible for all contractors to employ these experts full-time
 1312  whose work may be limited. It is therefore deemed acceptable for
 1313  a fire protection contractor licensed under this chapter to
 1314  subcontract with companies providing advanced technical services
 1315  for the installation, servicing, and maintenance of fire pump
 1316  control panels and pump drivers. To ensure the integrity of the
 1317  system and to protect the interests of the property owner, those
 1318  providing technical support services for fire pump control
 1319  panels and pump drivers must be under contract with a licensed
 1320  fire protection contractor.
 1321         (4)(3) A person who violates any provision of this act or
 1322  commits any of the acts constituting cause for disciplinary
 1323  action as herein set forth commits a misdemeanor of the second
 1324  degree, punishable as provided in s. 775.082 or s. 775.083.
 1325         (5)(4) In addition to the penalties provided in subsection
 1326  (4) (3), a fire protection contractor certified under this
 1327  chapter who violates any provision of this section or who
 1328  commits any act constituting cause for disciplinary action is
 1329  subject to suspension or revocation of the certificate and
 1330  administrative fines pursuant to s. 633.338.
 1331         Section 29. The Calder Sloan Swimming Pool Electrical
 1332  Safety Task Force.—There is established within the Florida
 1333  Building Commission the Calder Sloan Swimming Pool Electrical
 1334  Safety Task Force.
 1335         (1)The purpose of the task force is to study standards on
 1336  grounding, bonding, lighting, wiring, and all electrical aspects
 1337  for safety in and around public and private swimming pools,
 1338  especially with regard to minimizing risks of electrocutions
 1339  linked to swimming pools. The task force shall submit a report
 1340  of its findings, including recommended revisions to state law,
 1341  if any, to the Governor, the President of the Senate, and the
 1342  Speaker of the House of Representatives by November 1, 2016.
 1343         (2)The task force shall consist of the swimming pool and
 1344  electrical technical advisory committees of the Florida Building
 1345  Commission.
 1346         (3)The task force shall be chaired by the swimming pool
 1347  contractor appointed to the Florida Building Commission pursuant
 1348  to s. 553.74, Florida Statutes.
 1349         (4)The Florida Building Commission shall provide such
 1350  staff, information, and other assistance as is reasonably
 1351  necessary to assist the task force in carrying out its
 1352  responsibilities.
 1353         (5)Members of the task force shall serve without
 1354  compensation.
 1355         (6)The task force shall meet as often as necessary to
 1356  fulfill its responsibilities. Meetings may be conducted by
 1357  conference call, teleconferencing, or similar technology.
 1358         (7)This section expires December 31, 2016.
 1359         Section 30. Construction Industry Workforce Task Force.—
 1360         (1)The Construction Industry Workforce Task Force is
 1361  created within the University of Florida M.E. Rinker, Sr.,
 1362  School of Construction Management. The goals of the task force
 1363  are to:
 1364         (a)Address the critical shortage of individuals trained in
 1365  building construction and inspection.
 1366         (b)Develop a consensus path for training the next
 1367  generation of construction workers in the state.
 1368         (c)Determine the causes for the current shortage of a
 1369  trained construction industry work force and address the impact
 1370  of the shortages on the recovery of the real estate market.
 1371         (d)Review current methods and resources available for
 1372  construction training.
 1373         (e)Review the state of construction training available in
 1374  K-12 schools.
 1375         (f)Address training issues relating to building code
 1376  inspectors to increase the number of qualified inspectors.
 1377         (2)The task force shall consist of 23 members. Except as
 1378  otherwise specified, each member shall be chosen by the
 1379  association that he or she represents, as follows:
 1380         (a)A member of the House of Representatives appointed by
 1381  the Speaker of the House of Representatives.
 1382         (b)A member of the Senate appointed by the President of
 1383  the Senate.
 1384         (c)A member representing the Florida Associated General
 1385  Contractors Council.
 1386         (d)A member representing the Associated Builders and
 1387  Contractors of Florida.
 1388         (e)A member representing the Florida Home Builders
 1389  Association.
 1390         (f)A member representing the Florida Fire Sprinkler
 1391  Association.
 1392         (g)A member representing the Florida Roofing, Sheet Metal
 1393  and Air Conditioning Contractors Association.
 1394         (h)A member representing the Florida Refrigeration and Air
 1395  Conditioning Contractors Association.
 1396         (i)A member representing the Florida Plumbing-Heating
 1397  Cooling Contractors Association.
 1398         (j)A member representing the Florida Swimming Pool
 1399  Association.
 1400         (k)A member representing the National Utility Contractors
 1401  Association of Florida.
 1402         (l)A member representing the Florida Concrete and Products
 1403  Association.
 1404         (m)A member representing the Alarm Association of Florida.
 1405         (n)A member representing the Independent Electrical
 1406  Contractors.
 1407         (o)A member representing the Florida Building and
 1408  Construction Trades Council within the Florida AFL-CIO.
 1409         (p)A member representing the Building Officials
 1410  Association of Florida.
 1411         (q)A member representing the Asphalt Contractors
 1412  Association of Florida.
 1413         (r)A member representing the American Fire Sprinkler
 1414  Association-Florida Chapter.
 1415         (s)The chair of the Florida Building Commission.
 1416         (t)A member representing the Florida Carpenters Regional
 1417  Council.
 1418         (u)A member representing the National Electrical
 1419  Contractors Association-Florida Chapter.
 1420         (v)A member representing the Florida Electrical Workers
 1421  Association.
 1422         (3)The task force shall elect a chair from among its
 1423  members.
 1424         (4)The University of Florida M.E. Rinker, Sr., School of
 1425  Construction Management shall provide such assistance as is
 1426  reasonably necessary to assist the task force in carrying out
 1427  its responsibilities.
 1428         (5)The task force shall meet as often as necessary to
 1429  fulfill its responsibilities but not fewer than three times. The
 1430  first meeting must be held no later than September 1, 2016.
 1431  Meetings may be conducted by conference call, teleconferencing,
 1432  or similar technology.
 1433         (6)The task force shall submit a final report to the
 1434  Governor, the President of the Senate, and the Speaker of the
 1435  House of Representatives by February 1, 2017.
 1436         (7)The Department of Business and Professional Regulation
 1437  shall provide $50,000 from funds available for the Florida
 1438  Building Code Compliance and Mitigation Program under s.
 1439  553.841(5), Florida Statutes, to the University of Florida M.E.
 1440  Rinker, Sr., School of Construction Management for purposes of
 1441  implementing this section.
 1442         (8)This section expires July 1, 2017.
 1443         Section 31. The Florida Building Commission shall define
 1444  the term “fire separation distance” in Chapter 2, Definitions,
 1445  of the Florida Building Code, 5th Edition (2014) Residential, as
 1446  follows:
 1447  
 1448  “FIRE SEPARATION DISTANCE. The distance measured from the
 1449  building face to one of the following:
 1450  1.To the closest interior lot line;
 1451  2.To the centerline of a street, an alley, or a public way;
 1452  3.To an imaginary line between two buildings on the lot; or
 1453  4.To an imaginary line between two buildings when the exterior
 1454  wall of one building is located on a zero lot line.
 1455  
 1456  The distance must be measured at a right angle from the face of
 1457  the wall.”
 1458         Section 32. The Florida Building Commission shall amend the
 1459  Florida Building Code, 5th Edition (2014) Residential, to allow
 1460  openings and roof overhang projections on the exterior wall of a
 1461  building located on a zero lot line, when the building exterior
 1462  wall is separated from an adjacent building exterior wall by a
 1463  distance of 6 feet or more and the roof overhang projection is
 1464  separated from an adjacent building projection by a distance of
 1465  4 feet or more, with 1-hour fire-resistive construction on the
 1466  underside of the overhang required, unless the separation
 1467  between projections is 6 feet or more.
 1468         Section 33. The Florida Building Commission shall adopt
 1469  into the Florida Building Code, 5th Edition (2014) Energy
 1470  Conservation, the following:
 1471  
 1472  “Section 406 relating to the Alternative Performance Path,
 1473  Energy Rating Index of the 2015 International Energy
 1474  Conservation Code (IECC) may be used unmodified except as
 1475  follows for Table R406.4 as an option for demonstrating
 1476  compliance with the Florida Building Code, Energy Conservation.
 1477  TABLE R406.4 MAXIMUM ENERGY RATING INDEX shall reflect the
 1478  following energy rating index: for Climate Zone 1, an index of
 1479  58; for Climate Zone 2, an index of 58.”
 1480         Section 34. The Florida Building Commission shall adopt
 1481  into the Florida Building Code, 5th Edition (2014) Residential,
 1482  the following, which shall be effective on July 1, 2016:
 1483  
 1484  “Notwithstanding any other provision of code or law, the section
 1485  setting forth shower lining requirements will include the
 1486  following exceptions:
 1487  Exceptions:
 1488  1.Floor surfaces under showerheads provided for rinsing laid
 1489  directly on the ground.
 1490  2.Shower compartments where the finished shower drain is
 1491  depressed a minimum of 2 inches (51 mm) below the surrounding
 1492  finished floor on the first floor level and the shower recess is
 1493  poured integrally with the adjoining floor.”
 1494         Section 35. The Florida Building Commission shall amend the
 1495  Florida Building Code, 5th Edition (2014) Residential, to
 1496  provide that the minimum fire separation distance for non-fire
 1497  resistant rated exterior walls shall be 3 feet or greater and
 1498  non-fire resistant rated projections shall have a minimum fire
 1499  separation distance of 3 feet or greater. Projections within 2
 1500  feet and less than 3 feet shall include a one-hour fire
 1501  resistance rated on the underside. Projections less than 2 feet
 1502  are not permitted. Penetrations of the exterior wall within less
 1503  than 3 feet must comply with Dwelling Unit Rated Penetration.
 1504  Penetrations 3 feet or greater are not required to have a fire
 1505  resistance rating. Openings in walls are unlimited with a fire
 1506  separation distance of 3 feet or greater.
 1507         Section 36. Notwithstanding any law, rule, or regulation to
 1508  the contrary, a restaurant, cafeteria, or similar dining
 1509  facility, including an associated commercial kitchen, is
 1510  required to have sprinklers only if it has a fire area occupancy
 1511  load of 200 patrons or more.
 1512         Section 37. This act shall take effect July 1, 2016.
 1513  
 1514  ================= T I T L E  A M E N D M E N T ================
 1515  And the title is amended as follows:
 1516         Delete everything before the enacting clause
 1517  and insert:
 1518                        A bill to be entitled                      
 1519         An act relating to building codes; amending s.
 1520         468.609, F.S.; revising the certification examination
 1521         requirements for building code inspectors, plans
 1522         examiners, and building code administrators; requiring
 1523         the Florida Building Code Administrators and
 1524         Inspectors Board to provide for issuance of certain
 1525         provisional certificates; amending s. 489.103, F.S.;
 1526         providing an exemption for certain employees who make
 1527         minor repairs to existing electric water heaters and
 1528         to existing electric heating, venting, and air
 1529         conditioning systems under specified circumstances;
 1530         providing that the exemption does not limit the
 1531         authority of a municipality or county to adopt or
 1532         enforce certain ordinances, rules, or regulations;
 1533         amending s. 489.105, F.S.; revising the definition of
 1534         the term “plumbing contractor”; amending s. 489.1401,
 1535         F.S.; revising legislative intent with respect to the
 1536         purpose of the Florida Homeowners’ Construction
 1537         Recovery Fund; providing legislative intent that
 1538         Division II contractors set apart funds to participate
 1539         in the fund; amending s. 489.1402, F.S.; revising
 1540         definitions; amending s. 489.141, F.S.; authorizing
 1541         certain claimants to make a claim against the recovery
 1542         fund for certain contracts entered into before a
 1543         specified date; amending s. 489.1425, F.S.; revising a
 1544         notification provided by contractors to certain
 1545         residential property owners to state that payment from
 1546         the recovery fund is limited; amending s. 489.143,
 1547         F.S.; revising provisions concerning payments from the
 1548         recovery fund; specifying claim amounts for certain
 1549         contracts entered into before or after specified
 1550         dates; providing aggregate caps for payments; amending
 1551         s. 489.503, F.S.; exempting certain low-voltage
 1552         landscape lighting from licensed electrical contractor
 1553         installation requirements; amending s. 514.011, F.S.;
 1554         revising the definition of the term “private pool”;
 1555         amending s. 514.0115, F.S.; prohibiting a portable
 1556         pool from being regulated as a public pool in certain
 1557         circumstances; amending s. 514.031, F.S.; providing
 1558         that a portable pool may not be used as a public pool
 1559         unless it is exempt under s. 514.0115, F.S.; amending
 1560         s. 515.27, F.S.; adding swimming pool alarms as a
 1561         safety feature that satisfies requirements for final
 1562         inspection and issuance of a certificate of
 1563         completion; amending s. 553.512, F.S.; revising the
 1564         membership of the Accessibility Advisory Council;
 1565         amending s. 553.721, F.S.; directing the Florida
 1566         Building Code Compliance and Mitigation Program to
 1567         fund, from existing resources, the recommendations
 1568         made by the Building Code System Uniform
 1569         Implementation Evaluation Workgroup; providing a
 1570         limitation; requiring that a specified amount of funds
 1571         from the surcharge be used to fund certain Florida
 1572         Fire Prevention Code informal interpretations;
 1573         requiring the State Fire Marshal to adopt specified
 1574         rules; amending s. 553.73, F.S.; requiring the
 1575         commission to update the Florida Building Code every 6
 1576         years; providing the commission may address additional
 1577         issues in the code; authorizing local boards created
 1578         to address specified issues to combine the appeals
 1579         boards to create a single, local board; authorizing
 1580         the local board to grant alternatives or modifications
 1581         through specified procedures; requiring at least one
 1582         member of a board to be a fire protection contractor,
 1583         a fire protection design professional, a fire
 1584         department operations professional, or a fire code
 1585         enforcement professional in order to meet a specified
 1586         quorum requirement; authorizing the appeal to a local
 1587         administrative board of specified decisions made by a
 1588         local fire official; specifying the decisions of the
 1589         local building official and the local fire official
 1590         which are subject to review; prohibiting an agency or
 1591         local government from requiring that existing
 1592         mechanical equipment located on or above the surface
 1593         of a roof be installed in compliance with the Florida
 1594         Building Code under certain circumstances; requiring
 1595         the Florida Building Code to require two fire service
 1596         access elevators in certain buildings; providing that
 1597         a 1-hour fire-rated fire service access elevator lobby
 1598         is not required in certain circumstances; requiring a
 1599         1-hour fire-related fire service access elevator lobby
 1600         in certain circumstances; amending s. 553.775, F.S.;
 1601         revising the membership of a panel that hears requests
 1602         to review decisions of local building officials;
 1603         amending s. 553.79, F.S.; providing that an applicant
 1604         that resubmits a building permit does not have to pay
 1605         application fees to a local enforcement agency under
 1606         certain circumstances; providing that failure of a
 1607         plans reviewer or building code administrator to
 1608         provide a reason for denial or revocation of a
 1609         building permit must result in disciplinary action;
 1610         authorizing a building official to issue a permit for
 1611         the construction of the foundation or any other part
 1612         of a building or structure before the construction
 1613         documents for the whole building or structure have
 1614         been submitted; providing that the holder of such a
 1615         permit may begin building at the holder’s own risk
 1616         with the building operation and without assurance that
 1617         a permit for the entire structure will be granted;
 1618         creating s. 553.7931, F.S.; defining the term
 1619         “applicable local governmental entity”; requiring the
 1620         owner, lessee, or occupant, or an authorized
 1621         representative thereof, of a property to register an
 1622         alarm system under certain circumstances; requiring a
 1623         contractor to provide written notice to an owner,
 1624         lessee, or occupant, or an authorized representative
 1625         thereof, that an obligation to register the alarm
 1626         system may exist; requiring alarm system companies to
 1627         provide written or verbal notice, in certain
 1628         circumstances, to an owner, lessee, or occupant, or an
 1629         authorized representative thereof, that an obligation
 1630         to register the alarm system may exist; providing that
 1631         a contractor or alarm system monitoring company is not
 1632         liable for specified fines and penalties; prohibiting
 1633         local governmental entities from requiring
 1634         notarization of an alarm system registration form;
 1635         providing for preemption; amending s. 553.80, F.S.;
 1636         prohibiting a local enforcement agency from charging
 1637         additional fees related to the recording of a
 1638         contractor’s license or workers’ compensation
 1639         insurance; amending s. 553.842, F.S.; providing that
 1640         Underwriters Laboratories, LLC, and Intertek Testing
 1641         Services NA, Inc., are approved evaluation entities;
 1642         amending s. 553.844, F.S.; excluding work associated
 1643         with the prevention of degradation of a residence from
 1644         certain building permit requirements; deleting an
 1645         obsolete provision providing for expiration of
 1646         requirements for the adoption of certain mitigation
 1647         techniques by the Florida Building Commission within
 1648         the Florida Building Code for certain structures and
 1649         revising the requirements; amending s. 553.883, F.S.;
 1650         providing that a homeowner is not prohibited from
 1651         using certain smoke alarms under certain
 1652         circumstances; exempting certain devices from certain
 1653         smoke alarm battery requirements; amending s. 553.908,
 1654         F.S.; providing for the amendment of portions of the
 1655         Florida Building Code, Energy Conservation, related to
 1656         certain buildings and dwelling units after a specified
 1657         date; delaying the effective date of certain portions
 1658         of the Florida Building Code, Energy Conservation,
 1659         related to blower door testing; providing for the
 1660         amendment of portions of the Florida Building Code,
 1661         Mechanical, related to air filtration rates for
 1662         dwelling units after a specified date; amending s.
 1663         553.993, F.S.; revising the definition of the term
 1664         “building energy-efficiency rating system” to require
 1665         that oversight is performed using evaluation materials
 1666         from certain identified entities; amending s. 633.202,
 1667         F.S.; requiring all new and existing high-rise
 1668         buildings to maintain a minimum radio signal strength
 1669         for fire department communications; providing a
 1670         transitory period for compliance; requiring existing
 1671         buildings and existing apartment buildings that are
 1672         not in compliance to initiate an application for an
 1673         appropriate permit by a specified date; requiring
 1674         areas of refuge as determined by the Florida Building
 1675         Code, Accessibility; amending s. 633.208, F.S.;
 1676         authorizing fire officials to consider certain systems
 1677         acceptable for identifying low-cost alternatives;
 1678         amending s. 633.336, F.S.; authorizing a licensed fire
 1679         protection contractor to subcontract for advanced
 1680         technical services under certain circumstances;
 1681         creating the Calder Sloan Swimming Pool Electrical
 1682         Safety Task Force within the Florida Building
 1683         Commission; specifying the purpose of the task force;
 1684         requiring a report to the Governor and the Legislature
 1685         by a specified date; providing for membership;
 1686         requiring the Florida Building Commission to provide
 1687         staff, information, and other assistance to the task
 1688         force; providing that members of the task force serve
 1689         without compensation; authorizing the task force to
 1690         meet as often as necessary; providing for expiration
 1691         of the task force; creating the Construction Industry
 1692         Workforce Task Force within the University of Florida
 1693         M.E. Rinker, Sr., School of Construction Management;
 1694         specifying the goals of the task force; providing for
 1695         membership; requiring the University of Florida Rinker
 1696         School of Construction to provide assistance to the
 1697         task force; providing for meetings; requiring a report
 1698         to the Governor and Legislature by a specified date;
 1699         providing an appropriation from specified funds
 1700         available to the Department of Business and
 1701         Professional Regulation; providing for expiration of
 1702         the task force; requiring the Florida Building
 1703         Commission to amend the Florida Building Code to
 1704         define the term “fire separation distance,” to specify
 1705         openings and roof overhang projection requirements, to
 1706         adopt a specific energy rating index as an option for
 1707         compliance, to provide for Climate Zone indices, to
 1708         provide exceptions to the shower lining requirements,
 1709         and to provide minimum fire separation distances;
 1710         requiring a restaurant, cafeteria, or similar dining
 1711         facility to have sprinklers only under specified
 1712         circumstances; providing an effective date.