Florida Senate - 2016                       CS for CS for SB 704
       
       
        
       By the Committees on Fiscal Policy; and Community Affairs; and
       Senator Hutson
       
       594-04387A-16                                          2016704c2
    1                        A bill to be entitled                      
    2         An act relating to building codes; amending s.
    3         468.609, F.S.; revising the certification examination
    4         requirements for building code inspectors, plans
    5         examiners, and building code administrators; requiring
    6         the Florida Building Code Administrators and
    7         Inspectors Board to provide for issuance of certain
    8         provisional certificates; amending s. 489.103, F.S.;
    9         providing an exemption for certain employees who make
   10         minor repairs to existing electric water heaters and
   11         to existing electric heating, venting, and air
   12         conditioning systems under specified circumstances;
   13         providing that the exemption does not limit the
   14         authority of a municipality or county to adopt or
   15         enforce certain ordinances, rules, or regulations;
   16         amending s. 489.105, F.S.; revising the definition of
   17         the term “plumbing contractor”; amending s. 489.1401,
   18         F.S.; revising legislative intent with respect to the
   19         purpose of the Florida Homeowners’ Construction
   20         Recovery Fund; providing legislative intent that
   21         Division II contractors set apart funds to participate
   22         in the fund; amending s. 489.1402, F.S.; revising
   23         definitions; amending s. 489.141, F.S.; authorizing
   24         certain claimants to make a claim against the recovery
   25         fund for certain contracts entered into before a
   26         specified date; amending s. 489.1425, F.S.; revising a
   27         notification provided by contractors to certain
   28         residential property owners to state that payment from
   29         the recovery fund is limited; amending s. 489.143,
   30         F.S.; revising provisions concerning payments from the
   31         recovery fund; specifying claim amounts for certain
   32         contracts entered into before or after specified
   33         dates; providing aggregate caps for payments; amending
   34         s. 489.503, F.S.; exempting certain low-voltage
   35         landscape lighting from licensed electrical contractor
   36         installation requirements; amending s. 514.011, F.S.;
   37         revising the definition of the term “private pool”;
   38         amending s. 514.0115, F.S.; prohibiting a temporary
   39         pool from being regulated as a public pool in certain
   40         circumstances; amending s. 514.031, F.S.; providing
   41         that a temporary pool may not be used as a public pool
   42         unless it is exempt under s. 514.0115, F.S.; amending
   43         s. 515.27, F.S.; adding swimming pool alarms as a
   44         safety feature that satisfies requirements for final
   45         inspection and issuance of a certificate of
   46         completion; amending s. 553.512, F.S.; revising the
   47         membership of the Accessibility Advisory Council;
   48         amending s. 553.721, F.S.; directing the Florida
   49         Building Code Compliance and Mitigation Program to
   50         fund, from existing resources, the recommendations
   51         made by the Building Code System Uniform
   52         Implementation Evaluation Workgroup; providing a
   53         limitation; requiring that a specified amount of funds
   54         from the surcharge be used to fund certain Florida
   55         Fire Prevention Code informal interpretations;
   56         requiring the State Fire Marshal to adopt specified
   57         rules; amending s. 553.73, F.S.; authorizing local
   58         boards created to address specified issues to combine
   59         the appeals boards to create a single, local board;
   60         authorizing the local board to grant alternatives or
   61         modifications through specified procedures; requiring
   62         at least one member of a board to be a fire protection
   63         contractor, a fire protection design professional, a
   64         fire department operations professional, or a fire
   65         code enforcement professional in order to meet a
   66         specified quorum requirement; authorizing the appeal
   67         to a local administrative board of specified decisions
   68         made by a local fire official; specifying the
   69         decisions of the local building official and the local
   70         fire official which are subject to review; prohibiting
   71         an agency or local government from requiring that
   72         existing mechanical equipment located on or above the
   73         surface of a roof be installed in compliance with the
   74         Florida Building Code under certain circumstances;
   75         requiring the Florida Building Code to require two
   76         fire service access elevators in certain buildings;
   77         providing that a 1-hour fire-rated fire service access
   78         elevator lobby is not required in certain
   79         circumstances; requiring a 1-hour fire-related fire
   80         service access elevator lobby in certain
   81         circumstances; amending s. 553.775, F.S.; revising the
   82         membership of a panel that hears requests to review
   83         decisions of local building officials; amending s.
   84         553.79, F.S.; providing that failure of a plans
   85         reviewer or building code administrator to provide a
   86         reason for denial or revocation of a building permit
   87         must result in disciplinary action; authorizing a
   88         building official to issue a permit for the
   89         construction of the foundation or any other part of a
   90         building or structure before the construction
   91         documents for the whole building or structure have
   92         been submitted; providing that the holder of such a
   93         permit may begin building at the holder’s own risk
   94         with the building operation and without assurance that
   95         a permit for the entire structure will be granted;
   96         creating s. 553.7931, F.S.; defining the term
   97         “applicable local governmental entity”; requiring the
   98         owner, lessee, or occupant, or an authorized
   99         representative thereof, of a property to register an
  100         alarm system under certain circumstances; requiring a
  101         contractor to provide written notice to an owner,
  102         lessee, or occupant, or an authorized representative
  103         thereof, that an obligation to register the alarm
  104         system may exist; requiring alarm system monitoring
  105         companies to provide written or verbal notice, in
  106         certain circumstances, to an owner, lessee, or
  107         occupant, or an authorized representative thereof,
  108         that an obligation to register the alarm system may
  109         exist; providing that a contractor or alarm system
  110         monitoring company is not liable for specified fines
  111         and penalties; prohibiting local governmental entities
  112         from requiring notarization of an alarm system
  113         registration form; providing for preemption; amending
  114         s. 553.80, F.S.; prohibiting a local enforcement
  115         agency from charging additional fees related to the
  116         recording of a contractor’s license or workers’
  117         compensation insurance; amending s. 553.842, F.S.;
  118         providing that Underwriters Laboratories, LLC, and
  119         Intertek Testing Services NA, Inc., are approved
  120         evaluation entities; amending s. 553.844, F.S.;
  121         excluding work associated with the prevention of
  122         degradation of a residence from certain building
  123         permit requirements; deleting an obsolete provision
  124         providing for expiration of requirements for the
  125         adoption of certain mitigation techniques by the
  126         Florida Building Commission within the Florida
  127         Building Code for certain structures and revising the
  128         requirements; amending s. 553.883, F.S.; exempting
  129         certain devices from certain smoke alarm battery
  130         requirements; amending s. 553.908, F.S.; providing for
  131         the amendment of portions of the Florida Building
  132         Code, Energy Conservation, related to certain
  133         buildings and dwelling units after a specified date;
  134         delaying the effective date of certain portions of the
  135         Florida Building Code, Energy Conservation, related to
  136         blower door testing; providing for the amendment of
  137         portions of the Florida Building Code, Mechanical,
  138         related to air filtration rates for dwelling units
  139         after a specified date; amending s. 553.993, F.S.;
  140         revising the definition of the term “building energy
  141         efficiency rating system” to require that oversight is
  142         performed using evaluation materials from certain
  143         identified entities; amending s. 633.202, F.S.;
  144         requiring all new and existing high-rise buildings to
  145         maintain a minimum radio signal strength for fire
  146         department communications; providing a transitory
  147         period for compliance; requiring existing buildings
  148         and existing apartment buildings that are not in
  149         compliance to initiate an application for an
  150         appropriate permit by a specified date; requiring
  151         areas of refuge as determined by the Florida Building
  152         Code, Accessibility; amending s. 633.208, F.S.;
  153         authorizing fire officials to consider certain systems
  154         acceptable for identifying low-cost alternatives;
  155         amending s. 633.336, F.S.; authorizing a licensed fire
  156         protection contractor to subcontract for advanced
  157         technical services under certain circumstances;
  158         creating the Calder Sloan Swimming Pool Electrical
  159         Safety Task Force within the Florida Building
  160         Commission; specifying the purpose of the task force;
  161         requiring a report to the Governor and the Legislature
  162         by a specified date; providing for membership;
  163         requiring the Florida Building Commission to provide
  164         staff, information, and other assistance to the task
  165         force; providing that members of the task force serve
  166         without compensation; authorizing the task force to
  167         meet as often as necessary; providing for expiration
  168         of the task force; creating the Construction Industry
  169         Workforce Task Force within the University of Florida
  170         M.E. Rinker, Sr., School of Construction Management;
  171         specifying the goals of the task force; providing for
  172         membership; requiring the University of Florida Rinker
  173         School of Construction to provide assistance to the
  174         task force; providing for meetings; requiring a report
  175         to the Governor and Legislature by a specified date;
  176         providing an appropriation from specified funds
  177         available to the Department of Business and
  178         Professional Regulation; providing for expiration of
  179         the task force; requiring the Florida Building
  180         Commission to amend the Florida Building Code to
  181         define the term “fire separation distance,” to specify
  182         openings and roof overhang projection requirements, to
  183         adopt a specific energy rating index as an option for
  184         compliance, to provide for Climate Zone indices, to
  185         provide exceptions to the shower lining requirements,
  186         and to provide minimum fire separation distances;
  187         requiring a restaurant, cafeteria, or similar dining
  188         facility to have sprinklers only under specified
  189         circumstances; providing an effective date.
  190          
  191  Be It Enacted by the Legislature of the State of Florida:
  192  
  193         Section 1. Subsections (2), (3), and (7) of section
  194  468.609, Florida Statutes, are amended to read:
  195         468.609 Administration of this part; standards for
  196  certification; additional categories of certification.—
  197         (2) A person may take the examination for certification as
  198  a building code inspector or plans examiner pursuant to this
  199  part if the person:
  200         (a) Is at least 18 years of age.
  201         (b) Is of good moral character.
  202         (c) Meets eligibility requirements according to one of the
  203  following criteria:
  204         1. Demonstrates 5 years’ combined experience in the field
  205  of construction or a related field, building code inspection, or
  206  plans review corresponding to the certification category sought;
  207         2. Demonstrates a combination of postsecondary education in
  208  the field of construction or a related field and experience
  209  which totals 4 years, with at least 1 year of such total being
  210  experience in construction, building code inspection, or plans
  211  review;
  212         3. Demonstrates a combination of technical education in the
  213  field of construction or a related field and experience which
  214  totals 4 years, with at least 1 year of such total being
  215  experience in construction, building code inspection, or plans
  216  review;
  217         4. Currently holds a standard certificate as issued by the
  218  board, or a firesafety fire safety inspector license issued
  219  pursuant to chapter 633, has a minimum of 3 5 years’ verifiable
  220  full-time experience in inspection or plan review, and has
  221  satisfactorily completed completes a building code inspector or
  222  plans examiner training program that provides at least 100 hours
  223  but not more of not less than 200 hours of cross-training in the
  224  certification category sought. The board shall establish by rule
  225  criteria for the development and implementation of the training
  226  programs. The board shall accept all classroom training offered
  227  by an approved provider if the content substantially meets the
  228  intent of the classroom component of the training program; or
  229         5. Demonstrates a combination of the completion of an
  230  approved training program in the field of building code
  231  inspection or plan review and a minimum of 2 years’ experience
  232  in the field of building code inspection, plan review, fire code
  233  inspections and fire plans review of new buildings as a
  234  firesafety inspector certified under s. 633.216, or
  235  construction. The approved training portion of this requirement
  236  shall include proof of satisfactory completion of a training
  237  program that provides at least 200 hours but not more of not
  238  less than 300 hours of cross-training that which is approved by
  239  the board in the chosen category of building code inspection or
  240  plan review in the certification category sought with at least
  241  not less than 20 hours but not more than 30 hours of instruction
  242  in state laws, rules, and ethics relating to professional
  243  standards of practice, duties, and responsibilities of a
  244  certificateholder. The board shall coordinate with the Building
  245  Officials Association of Florida, Inc., to establish by rule the
  246  development and implementation of the training program. However,
  247  the board shall accept all classroom training offered by an
  248  approved provider if the content substantially meets the intent
  249  of the classroom component of the training program; or
  250         6.Currently holds a standard certificate issued by the
  251  board or a firesafety inspector license issued pursuant to
  252  chapter 633 and:
  253         a.Has at least 5 years’ verifiable full-time experience as
  254  an inspector or plans examiner in a standard certification
  255  category currently held or has a minimum of 5 years’ verifiable
  256  full-time experience as a firesafety inspector licensed pursuant
  257  to chapter 633.
  258         b.Has satisfactorily completed a building code inspector
  259  or plans examiner classroom training course or program that
  260  provides at least 200 but not more than 300 hours in the
  261  certification category sought, except for one-family and two
  262  family dwelling training programs, which are required to provide
  263  at least 500 but not more than 800 hours of training as
  264  prescribed by the board. The board shall establish by rule
  265  criteria for the development and implementation of classroom
  266  training courses and programs in each certification category.
  267         (3) A person may take the examination for certification as
  268  a building code administrator pursuant to this part if the
  269  person:
  270         (a) Is at least 18 years of age.
  271         (b) Is of good moral character.
  272         (c) Meets eligibility requirements according to one of the
  273  following criteria:
  274         1. Demonstrates 10 years’ combined experience as an
  275  architect, engineer, plans examiner, building code inspector,
  276  registered or certified contractor, or construction
  277  superintendent, with at least 5 years of such experience in
  278  supervisory positions; or
  279         2. Demonstrates a combination of postsecondary education in
  280  the field of construction or related field, no more than 5 years
  281  of which may be applied, and experience as an architect,
  282  engineer, plans examiner, building code inspector, registered or
  283  certified contractor, or construction superintendent which
  284  totals 10 years, with at least 5 years of such total being
  285  experience in supervisory positions. In addition, the applicant
  286  must have completed training consisting of at least 20 hours,
  287  but not more than 30 hours, of instruction in state laws, rules,
  288  and ethics relating to the professional standards of practice,
  289  duties, and responsibilities of a certificateholder.
  290         (7)(a) The board shall may provide for the issuance of
  291  provisional certificates valid for 1 year, as specified by board
  292  rule, to any newly employed or promoted building code inspector
  293  or plans examiner who meets the eligibility requirements
  294  described in subsection (2) and any newly employed or promoted
  295  building code administrator who meets the eligibility
  296  requirements described in subsection (3). The provisional
  297  license may be renewed by the board for just cause; however, a
  298  provisional license is not valid for a period longer than 3
  299  years.
  300         (b) A No building code administrator, plans examiner, or
  301  building code inspector may not have a provisional certificate
  302  extended beyond the specified period by renewal or otherwise.
  303         (c) The board shall may provide for appropriate levels of
  304  provisional certificates and may issue these certificates with
  305  such special conditions or requirements relating to the place of
  306  employment of the person holding the certificate, the
  307  supervision of such person on a consulting or advisory basis, or
  308  other matters as the board may deem necessary to protect the
  309  public safety and health.
  310         (d) A newly employed or hired person may perform the duties
  311  of a plans examiner or building code inspector for 120 days if a
  312  provisional certificate application has been submitted if such
  313  person is under the direct supervision of a certified building
  314  code administrator who holds a standard certification and who
  315  has found such person qualified for a provisional certificate.
  316  Direct supervision and the determination of qualifications may
  317  also be provided by a building code administrator who holds a
  318  limited or provisional certificate in a county having a
  319  population of fewer than 75,000 and in a municipality located
  320  within such county.
  321         Section 2. Subsection (23) is added to section 489.103,
  322  Florida Statutes, to read:
  323         489.103 Exemptions.—This part does not apply to:
  324         (23)An employee of an apartment community or apartment
  325  community management company who makes minor repairs to existing
  326  electric water heaters or to existing electric heating, venting,
  327  and air-conditioning systems if:
  328         (a)The employee:
  329         1.Does not hold himself or herself or his or her employer
  330  out to be licensed or qualified by a licensee.
  331         2.Does not perform any acts, other than acts authorized by
  332  this exemption, which constitute contracting.
  333         3.Receives compensation from and is under the supervision
  334  and control of an employer who deducts the FICA and withholding
  335  tax and who provides workers’ compensation, as prescribed by
  336  law.
  337         4.Holds a current certificate for apartment maintenance
  338  technicians issued by the National Apartment Association and
  339  accredited by the American National Standards Institute.
  340  Requirements for obtaining such certificate must include at
  341  least:
  342         a.One year of apartment or rental housing maintenance
  343  experience.
  344         b.Successful completion of at least 90 hours of courses or
  345  online content that covers electrical maintenance and repair;
  346  plumbing maintenance and repair; heating, venting, or air
  347  conditioning system maintenance and repair; appliance
  348  maintenance and repair; and interior and exterior maintenance
  349  and repair.
  350         c.Completion of all examination requirements.
  351         (b)The equipment:
  352         1.Is already installed on the property owned by the
  353  apartment community or managed by the apartment community
  354  management company.
  355         2.Is not being modified except to replace components
  356  necessary to return the equipment to its original condition and
  357  the partial disassembly associated with the replacement.
  358         3.Is a type of equipment commonly installed in similar
  359  locations.
  360         4.Is repaired with new parts that are functionally
  361  identical to the parts being replaced.
  362         (c)An individual repair does not involve replacement parts
  363  that cost more than $1,000. An individual repair may not be so
  364  extensive as to be a functional replacement of the electric
  365  water heater or the existing electric heating, venting, or air
  366  conditioning system being repaired. For purposes of this
  367  paragraph, an individual repair must not be part of a larger or
  368  major project that is divided into parts to avoid this
  369  restriction.
  370         (d)The property owned by the apartment community or
  371  managed by the apartment community management company includes
  372  at least 100 apartments.
  373  
  374  This exemption does not limit the authority of a municipality or
  375  county to adopt or enforce an ordinance, a rule, or a regulation
  376  requiring licensure, certification, or registration of persons
  377  employed as an apartment maintenance technician, apartment
  378  repair worker, or any term or position that includes any part of
  379  the scope of work described by the exemption in this subsection.
  380         Section 3. Paragraph (m) of subsection (3) of section
  381  489.105, Florida Statutes, is amended to read:
  382         489.105 Definitions.—As used in this part:
  383         (3) “Contractor” means the person who is qualified for, and
  384  is only responsible for, the project contracted for and means,
  385  except as exempted in this part, the person who, for
  386  compensation, undertakes to, submits a bid to, or does himself
  387  or herself or by others construct, repair, alter, remodel, add
  388  to, demolish, subtract from, or improve any building or
  389  structure, including related improvements to real estate, for
  390  others or for resale to others; and whose job scope is
  391  substantially similar to the job scope described in one of the
  392  paragraphs of this subsection. For the purposes of regulation
  393  under this part, the term “demolish” applies only to demolition
  394  of steel tanks more than 50 feet in height; towers more than 50
  395  feet in height; other structures more than 50 feet in height;
  396  and all buildings or residences. Contractors are subdivided into
  397  two divisions, Division I, consisting of those contractors
  398  defined in paragraphs (a)-(c), and Division II, consisting of
  399  those contractors defined in paragraphs (d)-(q):
  400         (m) “Plumbing contractor” means a contractor whose services
  401  are unlimited in the plumbing trade and includes contracting
  402  business consisting of the execution of contracts requiring the
  403  experience, financial means, knowledge, and skill to install,
  404  maintain, repair, alter, extend, or, if not prohibited by law,
  405  design plumbing. A plumbing contractor may install, maintain,
  406  repair, alter, extend, or, if not prohibited by law, design the
  407  following without obtaining an additional local regulatory
  408  license, certificate, or registration: sanitary drainage or
  409  storm drainage facilities, water and sewer plants and
  410  substations, venting systems, public or private water supply
  411  systems, septic tanks, drainage and supply wells, swimming pool
  412  piping, irrigation systems, and solar heating water systems and
  413  all appurtenances, apparatus, or equipment used in connection
  414  therewith, including boilers and pressure process piping and
  415  including the installation of water, natural gas, liquefied
  416  petroleum gas and related venting, and storm and sanitary sewer
  417  lines. The scope of work of the plumbing contractor also
  418  includes the design, if not prohibited by law, and installation,
  419  maintenance, repair, alteration, or extension of air-piping,
  420  vacuum line piping, oxygen line piping, nitrous oxide piping,
  421  and all related medical gas systems; fire line standpipes and
  422  fire sprinklers if authorized by law; ink and chemical lines;
  423  fuel oil and gasoline piping and tank and pump installation,
  424  except bulk storage plants; and pneumatic control piping
  425  systems, all in a manner that complies with all plans,
  426  specifications, codes, laws, and regulations applicable. The
  427  scope of work of the plumbing contractor applies to private
  428  property and public property, including any excavation work
  429  incidental thereto, and includes the work of the specialty
  430  plumbing contractor. Such contractor shall subcontract, with a
  431  qualified contractor in the field concerned, all other work
  432  incidental to the work but which is specified as being the work
  433  of a trade other than that of a plumbing contractor. This
  434  definition does not limit the scope of work of any specialty
  435  contractor certified pursuant to s. 489.113(6), and does not
  436  require certification or registration under this part as a
  437  category I liquefied petroleum gas dealer, LP gas installer, or
  438  specialty installer who is licensed under chapter 527 or an of
  439  any authorized employee of a public natural gas utility or of a
  440  private natural gas utility regulated by the Public Service
  441  Commission when disconnecting and reconnecting water lines in
  442  the servicing or replacement of an existing water heater. A
  443  plumbing contractor may perform drain cleaning and clearing and
  444  install or repair rainwater catchment systems; however, a
  445  mandatory licensing requirement is not established for the
  446  performance of these specific services.
  447         Section 4. Subsections (2) and (3) of section 489.1401,
  448  Florida Statutes, are amended to read:
  449         489.1401 Legislative intent.—
  450         (2) It is the intent of the Legislature that the sole
  451  purpose of the Florida Homeowners’ Construction Recovery Fund is
  452  to compensate an any aggrieved claimant who contracted for the
  453  construction or improvement of the homeowner’s residence located
  454  within this state and who has obtained a final judgment in a any
  455  court of competent jurisdiction, was awarded restitution by the
  456  Construction Industry Licensing Board, or received an award in
  457  arbitration against a licensee on grounds of financial
  458  mismanagement or misconduct, abandoning a construction project,
  459  or making a false statement with respect to a project. Such
  460  grievance must arise and arising directly out of a any
  461  transaction conducted when the judgment debtor was licensed and
  462  must involve an act performed any of the activities enumerated
  463  under s. 489.129(1)(g), (j) or (k) on the homeowner’s residence.
  464         (3) It is the intent of the Legislature that Division I and
  465  Division II contractors set apart funds for the specific
  466  objective of participating in the fund.
  467         Section 5. Paragraphs (d), (i), (k), and (l) of subsection
  468  (1) of section 489.1402, Florida Statutes, are amended to read:
  469         489.1402 Homeowners’ Construction Recovery Fund;
  470  definitions.—
  471         (1) The following definitions apply to ss. 489.140-489.144:
  472         (d) “Contractor” means a Division I or Division II
  473  contractor performing his or her respective services described
  474  in s. 489.105(3)(a)-(q) 489.105(3)(a)-(c).
  475         (i) “Residence” means a single-family residence, an
  476  individual residential condominium or cooperative unit, or a
  477  residential building containing not more than two residential
  478  units in which the owner contracting for the improvement is
  479  residing or will reside 6 months or more each calendar year upon
  480  completion of the improvement.
  481         (k) “Same transaction” means a contract, or a any series of
  482  contracts, between a claimant and a contractor or qualified
  483  business, when such contract or contracts involve the same
  484  property or contiguous properties and are entered into either at
  485  one time or serially.
  486         (l) “Valid and current license,” for the purpose of s.
  487  489.141(2)(d), means a any license issued pursuant to this part
  488  to a licensee, including a license in an active, inactive,
  489  delinquent, or suspended status.
  490         Section 6. Subsections (1) and (2) of section 489.141,
  491  Florida Statutes, are amended to read:
  492         489.141 Conditions for recovery; eligibility.—
  493         (1) A Any claimant is eligible to seek recovery from the
  494  recovery fund after making having made a claim and exhausting
  495  the limits of any available bond, cash bond, surety, guarantee,
  496  warranty, letter of credit, or policy of insurance if, provided
  497  that each of the following conditions is satisfied:
  498         (a) The claimant has received a final judgment in a court
  499  of competent jurisdiction in this state or has received an award
  500  in arbitration or the Construction Industry Licensing Board has
  501  issued a final order directing the licensee to pay restitution
  502  to the claimant. The board may waive this requirement if:
  503         1. The claimant is unable to secure a final judgment
  504  against the licensee due to the death of the licensee; or
  505         2. The claimant has sought to have assets involving the
  506  transaction that gave rise to the claim removed from the
  507  bankruptcy proceedings so that the matter might be heard in a
  508  court of competent jurisdiction in this state and, after due
  509  diligence, the claimant is precluded by action of the bankruptcy
  510  court from securing a final judgment against the licensee.
  511         (b) The judgment, award, or restitution is based upon a
  512  violation of s. 489.129(1)(g), (j), or (k) or s. 713.35.
  513         (c) The violation was committed by a licensee.
  514         (d) The judgment, award, or restitution order specifies the
  515  actual damages suffered as a consequence of such violation.
  516         (e) The contract was executed and the violation occurred on
  517  or after July 1, 1993, and provided that:
  518         1. The claimant has caused to be issued a writ of execution
  519  upon such judgment, and the officer executing the writ has made
  520  a return showing that no personal or real property of the
  521  judgment debtor or licensee liable to be levied upon in
  522  satisfaction of the judgment can be found or that the amount
  523  realized on the sale of the judgment debtor’s or licensee’s
  524  property pursuant to such execution was insufficient to satisfy
  525  the judgment;
  526         2. If the claimant is unable to comply with subparagraph 1.
  527  for a valid reason to be determined by the board, the claimant
  528  has made all reasonable searches and inquiries to ascertain
  529  whether the judgment debtor or licensee is possessed of real or
  530  personal property or other assets subject to being sold or
  531  applied in satisfaction of the judgment and by his or her search
  532  has discovered no property or assets or has discovered property
  533  and assets and has taken all necessary action and proceedings
  534  for the application thereof to the judgment but the amount
  535  thereby realized was insufficient to satisfy the judgment; and
  536         3. The claimant has made a diligent attempt, as defined by
  537  board rule, to collect the restitution awarded by the board.
  538         (f) A claim for recovery is made within 1 year after the
  539  conclusion of any civil, criminal, or administrative action or
  540  award in arbitration based on the act. This paragraph applies to
  541  any claim filed with the board after October 1, 1998.
  542         (g) Any amounts recovered by the claimant from the judgment
  543  debtor or licensee, or from any other source, have been applied
  544  to the damages awarded by the court or the amount of restitution
  545  ordered by the board.
  546         (h) The claimant is not a person who is precluded by this
  547  act from making a claim for recovery.
  548         (2) A claimant is not qualified to make a claim for
  549  recovery from the recovery fund, if:
  550         (a) The claimant is the spouse of the judgment debtor or
  551  licensee or a personal representative of such spouse;
  552         (b) The claimant is a licensee who acted as the contractor
  553  in the transaction that which is the subject of the claim;
  554         (c) The claim is based upon a construction contract in
  555  which the licensee was acting with respect to the property owned
  556  or controlled by the licensee;
  557         (d) The claim is based upon a construction contract in
  558  which the contractor did not hold a valid and current license at
  559  the time of the construction contract;
  560         (e) The claimant was associated in a business relationship
  561  with the licensee other than the contract at issue; or
  562         (f)The claimant has suffered damages as the result of
  563  making improper payments to a contractor as defined in part I of
  564  chapter 713; or
  565         (f)(g) The claimant entered into a contract has contracted
  566  with a licensee to perform a scope of work described in s.
  567  489.105(3)(d)-(q) before July 1, 2016 489.105(3)(d)-(p).
  568         Section 7. Subsection (1) of section 489.1425, Florida
  569  Statutes, is amended to read:
  570         489.1425 Duty of contractor to notify residential property
  571  owner of recovery fund.—
  572         (1) Each Any agreement or contract for repair, restoration,
  573  improvement, or construction to residential real property must
  574  contain a written statement explaining the consumer’s rights
  575  under the recovery fund, except where the value of all labor and
  576  materials does not exceed $2,500. The written statement must be
  577  substantially in the following form:
  578  
  579                  FLORIDA HOMEOWNERS’ CONSTRUCTION                 
  580                            RECOVERY FUND                          
  581  
  582  PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
  583  FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY
  584  ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
  585  FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
  586  CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A
  587  CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
  588  AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
  589  
  590  The statement must shall be immediately followed by the board’s
  591  address and telephone number as established by board rule.
  592         Section 8. Section 489.143, Florida Statutes, is amended to
  593  read:
  594         489.143 Payment from the fund.—
  595         (1) The fund shall be disbursed as provided in s. 489.141
  596  on a final order of the board.
  597         (2) A Any claimant who meets all of the conditions
  598  prescribed in s. 489.141 may apply to the board to cause payment
  599  to be made to a claimant from the recovery fund in an amount
  600  equal to the judgment, award, or restitution order or $25,000,
  601  whichever is less, or an amount equal to the unsatisfied portion
  602  of such person’s judgment, award, or restitution order, but only
  603  to the extent and amount of actual damages suffered by the
  604  claimant, and only up to the maximum payment allowed for each
  605  respective Division I and Division II claim. Payment from the
  606  fund for other costs related to or pursuant to civil proceedings
  607  such as postjudgment interest, attorney attorney’s fees, court
  608  costs, medical damages, and punitive damages is prohibited. The
  609  recovery fund is not obligated to pay a any judgment, an award,
  610  or a restitution order, or any portion thereof, which is not
  611  expressly based on one of the grounds for recovery set forth in
  612  s. 489.141.
  613         (3) Beginning January 1, 2005, for each Division I contract
  614  entered into after July 1, 2004, payment from the recovery fund
  615  is shall be subject to a $50,000 maximum payment for each
  616  Division I claim. Beginning January 1, 2017, for each Division
  617  II contract entered into on or after July 1, 2016, payment from
  618  the recovery fund is subject to a $15,000 maximum payment for
  619  each Division II claim.
  620         (4)(3) Upon receipt by a claimant under subsection (2) of
  621  payment from the recovery fund, the claimant shall assign his or
  622  her additional right, title, and interest in the judgment,
  623  award, or restitution order, to the extent of such payment, to
  624  the board, and thereupon the board shall be subrogated to the
  625  right, title, and interest of the claimant; and any amount
  626  subsequently recovered on the judgment, award, or restitution
  627  order, to the extent of the right, title, and interest of the
  628  board therein, shall be for the purpose of reimbursing the
  629  recovery fund.
  630         (5)(4) Payments for claims arising out of the same
  631  transaction shall be limited, in the aggregate, to the lesser of
  632  the judgment, award, or restitution order or the maximum payment
  633  allowed for a Division I or Division II claim, regardless of the
  634  number of claimants involved in the transaction.
  635         (6)(5)For contracts entered into before July 1, 2004,
  636  payments for claims against any one licensee may shall not
  637  exceed, in the aggregate, $100,000 annually, up to a total
  638  aggregate of $250,000. For any claim approved by the board which
  639  is in excess of the annual cap, the amount in excess of $100,000
  640  up to the total aggregate cap of $250,000 is eligible for
  641  payment in the next and succeeding fiscal years, but only after
  642  all claims for the then-current calendar year have been paid.
  643  Payments may not exceed the aggregate annual or per claimant
  644  limits under law. Beginning January 1, 2005, for each Division I
  645  contract entered into after July 1, 2004, payment from the
  646  recovery fund is subject only to a total aggregate cap of
  647  $500,000 for each Division I licensee. Beginning January 1,
  648  2017, for each Division II contract entered into on or after
  649  July 1, 2016, payment from the recovery fund is subject only to
  650  a total aggregate cap of $150,000 for each Division II licensee.
  651         (7)(6) Claims shall be paid in the order filed, up to the
  652  aggregate limits for each transaction and licensee and to the
  653  limits of the amount appropriated to pay claims against the fund
  654  for the fiscal year in which the claims were filed. Payments may
  655  not exceed the total aggregate cap per license or per claimant
  656  limits under this section.
  657         (8)(7) If the annual appropriation is exhausted with claims
  658  pending, such claims shall be carried forward to the next fiscal
  659  year. Any moneys in excess of pending claims remaining in the
  660  recovery fund at the end of the fiscal year shall be paid as
  661  provided in s. 468.631.
  662         (9)(8) Upon the payment of any amount from the recovery
  663  fund in settlement of a claim in satisfaction of a judgment,
  664  award, or restitution order against a licensee as described in
  665  s. 489.141, the license of such licensee shall be automatically
  666  suspended, without further administrative action, upon the date
  667  of payment from the fund. The license of such licensee may shall
  668  not be reinstated until he or she has repaid in full, plus
  669  interest, the amount paid from the fund. A discharge of
  670  bankruptcy does not relieve a person from the penalties and
  671  disabilities provided in this section.
  672         (10)(9)A Any firm, a corporation, a partnership, or an
  673  association, or a any person acting in his or her individual
  674  capacity, who aids, abets, solicits, or conspires with another
  675  any person to knowingly present or cause to be presented a any
  676  false or fraudulent claim for the payment of a loss under this
  677  act commits is guilty of a third-degree felony, punishable as
  678  provided in s. 775.082 or s. 775.084 and by a fine of up to not
  679  exceeding $30,000, unless the value of the fraud exceeds that
  680  amount, $30,000 in which event the fine may not exceed double
  681  the value of the fraud.
  682         (11)(10)Each payment All payments and disbursement
  683  disbursements from the recovery fund shall be made by the Chief
  684  Financial Officer upon a voucher signed by the secretary of the
  685  department or the secretary’s designee.
  686         Section 9. Subsection (24) is added to section 489.503,
  687  Florida Statutes, to read:
  688         489.503 Exemptions.—This part does not apply to:
  689         (24)A person who installs low-voltage landscape lighting
  690  that contains a factory-installed electrical cord with plug that
  691  does not require installation, wiring, or other modification to
  692  the electrical wiring of a structure.
  693         Section 10. Subsection (3) of section 514.011, Florida
  694  Statutes, is amended to read:
  695         514.011 Definitions.—As used in this chapter:
  696         (3) “Private pool” means a facility used only by an
  697  individual, family, or living unit members and their guests
  698  which does not serve any type of cooperative housing or joint
  699  tenancy of five or more living units. For purposes of the
  700  exemptions provided under s. 514.0115, the term includes a
  701  temporary pool used exclusively for providing swimming lessons
  702  or related instruction in support of an established educational
  703  program sponsored or provided by a county school district and a
  704  temporary pool used in conjunction with a sanctioned national or
  705  international swimming or diving competition event not to exceed
  706  30 consecutive days of use.
  707         Section 11. Subsection (3) of section 514.0115, Florida
  708  Statutes, is amended to read:
  709         514.0115 Exemptions from supervision or regulation;
  710  variances.—
  711         (3) A private pool used for instructional purposes in
  712  swimming may shall not be regulated as a public pool. A
  713  temporary pool used for instructional purposes or to further an
  714  approved educational program or used for a sanctioned national
  715  or international swimming or diving competition event, for a
  716  period of 30 consecutive days or less, may not be regulated as a
  717  public pool.
  718         Section 12. Subsection (5) of section 514.031, Florida
  719  Statutes, is amended to read:
  720         514.031 Permit necessary to operate public swimming pool.—
  721         (5) An owner or operator of a public swimming pool,
  722  including, but not limited to, a spa, wading, or special purpose
  723  pool, to which admittance is obtained by membership for a fee
  724  shall post in a prominent location within the facility the most
  725  recent pool inspection report issued by the department
  726  pertaining to the health and safety conditions of such facility.
  727  The report shall be legible and readily accessible to members or
  728  potential members. The department shall adopt rules to enforce
  729  this subsection. A temporary portable pool may not be used as a
  730  public pool unless it is exempt under s. 514.0115.
  731         Section 13. Section 515.27, Florida Statutes, is amended to
  732  read:
  733         515.27 Residential swimming pool safety feature options;
  734  penalties.—
  735         (1) In order to pass final inspection and receive a
  736  certificate of completion, a residential swimming pool must meet
  737  at least one of the following requirements relating to pool
  738  safety features:
  739         (a) The pool must be isolated from access to a home by an
  740  enclosure that meets the pool barrier requirements of s. 515.29;
  741         (b) The pool must be equipped with an approved safety pool
  742  cover;
  743         (c) All doors and windows providing direct access from the
  744  home to the pool must be equipped with an exit alarm that has a
  745  minimum sound pressure rating of 85 dB A at 10 feet; or
  746         (d) All doors providing direct access from the home to the
  747  pool must be equipped with a self-closing, self-latching device
  748  with a release mechanism placed no lower than 54 inches above
  749  the floor; or
  750         (e)The pool must be equipped with a swimming pool alarm
  751  that, when placed in the pool, will sound upon detection of
  752  accidental or unauthorized entrance into the water. These pool
  753  alarms must meet and be independently certified to the ASTM
  754  Standard F 2208 “Standards Specification for Pool Alarms,” which
  755  includes surface motion, pressure, sonar, laser, and infrared
  756  type alarms. For purposes of this paragraph, the term “swimming
  757  pool alarm” does not include a swimming protection alarm device
  758  designed for individual use, such as an alarm attached to a
  759  child that sounds when the child’s movement exceeds a certain
  760  distance or the child becomes submerged in water.
  761         (2) A person who fails to equip a new residential swimming
  762  pool with at least one pool safety feature as required in
  763  subsection (1) commits a misdemeanor of the second degree,
  764  punishable as provided in s. 775.082 or s. 775.083, except that
  765  no penalty shall be imposed if the person, within 45 days after
  766  arrest or issuance of a summons or a notice to appear, has
  767  equipped the pool with at least one safety feature as required
  768  in subsection (1) and has attended a drowning prevention
  769  education program established by s. 515.31. However, the
  770  requirement of attending a drowning prevention education program
  771  is waived if such program is not offered within 45 days after
  772  issuance of the citation.
  773         Section 14. Subsection (2) of section 553.512, Florida
  774  Statutes, is amended to read:
  775         553.512 Modifications and waivers; advisory council.—
  776         (2) The Accessibility Advisory Council shall consist of the
  777  following seven members, who shall be knowledgeable in the area
  778  of accessibility for persons with disabilities. The Secretary of
  779  Business and Professional Regulation shall appoint the
  780  following: a representative from the Advocacy Center for Persons
  781  with Disabilities, Inc.; a representative from the Division of
  782  Blind Services; a representative from the Division of Vocational
  783  Rehabilitation; a representative from a statewide organization
  784  representing the physically handicapped; a representative from
  785  the hearing impaired; a representative from the Pensacola Pen
  786  Wheels Inc. Employ the Handicapped Council President, Florida
  787  Council of Handicapped Organizations; and a representative of
  788  the Paralyzed Veterans of America. The terms for the first three
  789  council members appointed subsequent to October 1, 1991, shall
  790  be for 4 years, the terms for the next two council members
  791  appointed shall be for 3 years, and the terms for the next two
  792  members shall be for 2 years. Thereafter, all council member
  793  appointments shall be for terms of 4 years. No council member
  794  shall serve more than two 4-year terms subsequent to October 1,
  795  1991. Any member of the council may be replaced by the secretary
  796  upon three unexcused absences. Upon application made in the form
  797  provided, an individual waiver or modification may be granted by
  798  the commission so long as such modification or waiver is not in
  799  conflict with more stringent standards provided in another
  800  chapter.
  801         Section 15. Section 553.721, Florida Statutes, is amended
  802  to read:
  803         553.721 Surcharge.—In order for the Department of Business
  804  and Professional Regulation to administer and carry out the
  805  purposes of this part and related activities, there is created a
  806  surcharge, to be assessed at the rate of 1.5 percent of the
  807  permit fees associated with enforcement of the Florida Building
  808  Code as defined by the uniform account criteria and specifically
  809  the uniform account code for building permits adopted for local
  810  government financial reporting pursuant to s. 218.32. The
  811  minimum amount collected on any permit issued shall be $2. The
  812  unit of government responsible for collecting a permit fee
  813  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  814  surcharge and electronically remit the funds collected to the
  815  department on a quarterly calendar basis for the preceding
  816  quarter and continuing each third month thereafter. The unit of
  817  government shall retain 10 percent of the surcharge collected to
  818  fund the participation of building departments in the national
  819  and state building code adoption processes and to provide
  820  education related to enforcement of the Florida Building Code.
  821  All funds remitted to the department pursuant to this section
  822  shall be deposited in the Professional Regulation Trust Fund.
  823  Funds collected from the surcharge shall be allocated to fund
  824  the Florida Building Commission and the Florida Building Code
  825  Compliance and Mitigation Program under s. 553.841. Funds
  826  allocated to the Florida Building Code Compliance and Mitigation
  827  Program shall be $925,000 each fiscal year. The Florida Building
  828  Code Compliance and Mitigation Program shall fund the
  829  recommendations made by the Building Code System Uniform
  830  Implementation Evaluation Workgroup, dated April 8, 2013, from
  831  existing resources, not to exceed $30,000 in the 2016-2017
  832  fiscal year. Funds collected from the surcharge shall also be
  833  used to fund Florida Fire Prevention Code informal
  834  interpretations managed by the State Fire Marshal and shall be
  835  limited to $15,000 each fiscal year. The State Fire Marshal
  836  shall adopt rules to address the implementation and expenditure
  837  of the funds allocated to fund the Florida Fire Prevention Code
  838  informal interpretations under this section. The funds collected
  839  from the surcharge may not be used to fund research on
  840  techniques for mitigation of radon in existing buildings. Funds
  841  used by the department as well as funds to be transferred to the
  842  Department of Health and the State Fire Marshal shall be as
  843  prescribed in the annual General Appropriations Act. The
  844  department shall adopt rules governing the collection and
  845  remittance of surcharges pursuant to chapter 120.
  846         Section 16. Subsections (11) and (15) of section 553.73,
  847  Florida Statutes, are amended, and subsection (19) is added to
  848  that section, to read:
  849         553.73 Florida Building Code.—
  850         (11)(a) In the event of a conflict between the Florida
  851  Building Code and the Florida Fire Prevention Code and the Life
  852  Safety Code as applied to a specific project, the conflict shall
  853  be resolved by agreement between the local building code
  854  enforcement official and the local fire code enforcement
  855  official in favor of the requirement of the code which offers
  856  the greatest degree of lifesafety or alternatives which would
  857  provide an equivalent degree of lifesafety and an equivalent
  858  method of construction. Local boards created to address issues
  859  arising under the Florida Building Code or the Florida Fire
  860  Prevention Code may combine their appeals boards to create a
  861  single, local board having jurisdiction over matters arising
  862  under either code or both codes. The combined local appeals
  863  board may grant alternatives or modifications through procedures
  864  outlined in NFPA 1, Section 1.4, but may not waive the
  865  requirements of the Florida Fire Prevention Code. To meet the
  866  quorum requirement for convening the combined local appeals
  867  board, at least one member of the board who is a fire protection
  868  contractor, a fire protection design professional, a fire
  869  department operations professional, or a fire code enforcement
  870  professional must be present.
  871         (b) Any decision made by the local fire official regarding
  872  application, interpretation, or enforcement of the Florida Fire
  873  Prevention Code, by and the local building official regarding
  874  application, interpretation, or enforcement of the Florida
  875  Building Code, or the appropriate application of either code or
  876  both codes in the case of a conflict between the codes may be
  877  appealed to a local administrative board designated by the
  878  municipality, county, or special district having firesafety
  879  responsibilities. If the decision of the local fire official and
  880  the local building official is to apply the provisions of either
  881  the Florida Building Code or the Florida Fire Prevention Code
  882  and the Life Safety Code, the board may not alter the decision
  883  unless the board determines that the application of such code is
  884  not reasonable. If the decision of the local fire official and
  885  the local building official is to adopt an alternative to the
  886  codes, the local administrative board shall give due regard to
  887  the decision rendered by the local officials and may modify that
  888  decision if the administrative board adopts a better
  889  alternative, taking into consideration all relevant
  890  circumstances. In any case in which the local administrative
  891  board adopts alternatives to the decision rendered by the local
  892  fire official and the local building official, such alternatives
  893  shall provide an equivalent degree of lifesafety and an
  894  equivalent method of construction as the decision rendered by
  895  the local officials.
  896         (c) If the local building official and the local fire
  897  official are unable to agree on a resolution of the conflict
  898  between the Florida Building Code and the Florida Fire
  899  Prevention Code and the Life Safety Code, the local
  900  administrative board shall resolve the conflict in favor of the
  901  code which offers the greatest degree of lifesafety or
  902  alternatives which would provide an equivalent degree of
  903  lifesafety and an equivalent method of construction.
  904         (d) All decisions of the local administrative board, or, if
  905  none exists, the decisions of the local building official and
  906  the local fire official in regard to the application,
  907  enforcement, or interpretation of the Florida Fire Prevention
  908  Code, or conflicts between the Florida Fire Prevention Code and
  909  the Florida Building Code, are subject to review by a joint
  910  committee composed of members of the Florida Building Commission
  911  and the Fire Code Advisory Council. If the joint committee is
  912  unable to resolve conflicts between the codes as applied to a
  913  specific project, the matter shall be resolved pursuant to the
  914  provisions of paragraph (1)(d). Decisions of the local
  915  administrative board related solely to the Florida Building Code
  916  are subject to review as set forth in s. 553.775.
  917         (e) The local administrative board shall, to the greatest
  918  extent possible, be composed of members with expertise in
  919  building construction and firesafety standards.
  920         (f) All decisions of the local building official and local
  921  fire official and all decisions of the administrative board
  922  shall be in writing and shall be binding upon a person but do
  923  not limit the authority of the State Fire Marshal or the Florida
  924  Building Commission pursuant to paragraph (1)(d) and ss. 633.104
  925  and 633.228. Decisions of general application shall be indexed
  926  by building and fire code sections and shall be available for
  927  inspection during normal business hours.
  928         (15) An agency or local government may not require that
  929  existing mechanical equipment located on or above the surface of
  930  a roof be installed in compliance with the requirements of the
  931  Florida Building Code except during reroofing when the equipment
  932  is being replaced or moved during reroofing and is not in
  933  compliance with the provisions of the Florida Building Code
  934  relating to roof-mounted mechanical units.
  935         (19)The Florida Building Code must require two fire
  936  service access elevators in all buildings with a height greater
  937  than 120 feet from the elevation of street-level access to the
  938  level of the highest occupiable floor. Any remaining elevators
  939  must be equipped for Phase I and Phase II emergency operations.
  940  If a fire service access elevator is required in a building, a
  941  1-hour fire-rated fire service access elevator lobby with direct
  942  access from the fire service access elevator is not required if
  943  the fire service access elevator opens into an exit access
  944  corridor, which cannot be less than 6 feet wide for its entire
  945  length, must have at least 150 square feet with the exception of
  946  door openings, and must have a minimum 1-hour fire rating with
  947  three-quarter-hour fire- and smoke-rated openings. During a fire
  948  event the fire service access elevator must be pressurized and
  949  floor-to-floor smoke control must be provided. However, if
  950  transient residential occupancies occur at floor levels more
  951  than 420 feet above the level of fire service access, a 1-hour
  952  fire-rated service access elevator lobby with direct access from
  953  the fire service access elevator is required.
  954         Section 17. Paragraph (c) of subsection (3) of section
  955  553.775, Florida Statutes, is amended to read:
  956         553.775 Interpretations.—
  957         (3) The following procedures may be invoked regarding
  958  interpretations of the Florida Building Code or the Florida
  959  Accessibility Code for Building Construction:
  960         (c) The commission shall review decisions of local building
  961  officials and local enforcement agencies regarding
  962  interpretations of the Florida Building Code or the Florida
  963  Accessibility Code for Building Construction after the local
  964  board of appeals has considered the decision, if such board
  965  exists, and if such appeals process is concluded within 25
  966  business days.
  967         1. The commission shall coordinate with the Building
  968  Officials Association of Florida, Inc., to designate a panel
  969  panels composed of seven five members to hear requests to review
  970  decisions of local building officials. Five The members must be
  971  licensed as building code administrators under part XII of
  972  chapter 468, one member must be licensed as an architect under
  973  chapter 481, and one member must be licensed as an engineer
  974  under chapter 471. Each member and must have experience
  975  interpreting or and enforcing provisions of the Florida Building
  976  Code and the Florida Accessibility Code for Building
  977  Construction.
  978         2. Requests to review a decision of a local building
  979  official interpreting provisions of the Florida Building Code or
  980  the Florida Accessibility Code for Building Construction may be
  981  initiated by any substantially affected person, including an
  982  owner or builder subject to a decision of a local building
  983  official or an association of owners or builders having members
  984  who are subject to a decision of a local building official. In
  985  order to initiate review, the substantially affected person must
  986  file a petition with the commission. The commission shall adopt
  987  a form for the petition, which shall be published on the
  988  Building Code Information System. The form shall, at a minimum,
  989  require the following:
  990         a. The name and address of the county or municipality in
  991  which provisions of the Florida Building Code or the Florida
  992  Accessibility Code for Building Construction are being
  993  interpreted.
  994         b. The name and address of the local building official who
  995  has made the interpretation being appealed.
  996         c. The name, address, and telephone number of the
  997  petitioner; the name, address, and telephone number of the
  998  petitioner’s representative, if any; and an explanation of how
  999  the petitioner’s substantial interests are being affected by the
 1000  local interpretation of the Florida Building Code or the Florida
 1001  Accessibility Code for Building Construction.
 1002         d. A statement of the provisions of the Florida Building
 1003  Code or the Florida Accessibility Code for Building Construction
 1004  which are being interpreted by the local building official.
 1005         e. A statement of the interpretation given to provisions of
 1006  the Florida Building Code or the Florida Accessibility Code for
 1007  Building Construction by the local building official and the
 1008  manner in which the interpretation was rendered.
 1009         f. A statement of the interpretation that the petitioner
 1010  contends should be given to the provisions of the Florida
 1011  Building Code or the Florida Accessibility Code for Building
 1012  Construction and a statement supporting the petitioner’s
 1013  interpretation.
 1014         g. Space for the local building official to respond in
 1015  writing. The space shall, at a minimum, require the local
 1016  building official to respond by providing a statement admitting
 1017  or denying the statements contained in the petition and a
 1018  statement of the interpretation of the provisions of the Florida
 1019  Building Code or the Florida Accessibility Code for Building
 1020  Construction which the local jurisdiction or the local building
 1021  official contends is correct, including the basis for the
 1022  interpretation.
 1023         3. The petitioner shall submit the petition to the local
 1024  building official, who shall place the date of receipt on the
 1025  petition. The local building official shall respond to the
 1026  petition in accordance with the form and shall return the
 1027  petition along with his or her response to the petitioner within
 1028  5 days after receipt, exclusive of Saturdays, Sundays, and legal
 1029  holidays. The petitioner may file the petition with the
 1030  commission at any time after the local building official
 1031  provides a response. If no response is provided by the local
 1032  building official, the petitioner may file the petition with the
 1033  commission 10 days after submission of the petition to the local
 1034  building official and shall note that the local building
 1035  official did not respond.
 1036         4. Upon receipt of a petition that meets the requirements
 1037  of subparagraph 2., the commission shall immediately provide
 1038  copies of the petition to the a panel, and the commission shall
 1039  publish the petition, including any response submitted by the
 1040  local building official, on the Building Code Information System
 1041  in a manner that allows interested persons to address the issues
 1042  by posting comments.
 1043         5. The panel shall conduct proceedings as necessary to
 1044  resolve the issues; shall give due regard to the petitions, the
 1045  response, and to comments posed on the Building Code Information
 1046  System; and shall issue an interpretation regarding the
 1047  provisions of the Florida Building Code or the Florida
 1048  Accessibility Code for Building Construction within 21 days
 1049  after the filing of the petition. The panel shall render a
 1050  determination based upon the Florida Building Code or the
 1051  Florida Accessibility Code for Building Construction or, if the
 1052  code is ambiguous, the intent of the code. The panel’s
 1053  interpretation shall be provided to the commission, which shall
 1054  publish the interpretation on the Building Code Information
 1055  System and in the Florida Administrative Register. The
 1056  interpretation shall be considered an interpretation entered by
 1057  the commission, and shall be binding upon the parties and upon
 1058  all jurisdictions subject to the Florida Building Code or the
 1059  Florida Accessibility Code for Building Construction, unless it
 1060  is superseded by a declaratory statement issued by the Florida
 1061  Building Commission or by a final order entered after an appeal
 1062  proceeding conducted in accordance with subparagraph 7.
 1063         6. It is the intent of the Legislature that review
 1064  proceedings be completed within 21 days after the date that a
 1065  petition seeking review is filed with the commission, and the
 1066  time periods set forth in this paragraph may be waived only upon
 1067  consent of all parties.
 1068         7. Any substantially affected person may appeal an
 1069  interpretation rendered by the a hearing officer panel by filing
 1070  a petition with the commission. Such appeals shall be initiated
 1071  in accordance with chapter 120 and the uniform rules of
 1072  procedure and must be filed within 30 days after publication of
 1073  the interpretation on the Building Code Information System or in
 1074  the Florida Administrative Register. Hearings shall be conducted
 1075  pursuant to chapter 120 and the uniform rules of procedure.
 1076  Decisions of the commission are subject to judicial review
 1077  pursuant to s. 120.68. The final order of the commission is
 1078  binding upon the parties and upon all jurisdictions subject to
 1079  the Florida Building Code or the Florida Accessibility Code for
 1080  Building Construction.
 1081         8. The burden of proof in any proceeding initiated in
 1082  accordance with subparagraph 7. is on the party who initiated
 1083  the appeal.
 1084         9. In any review proceeding initiated in accordance with
 1085  this paragraph, including any proceeding initiated in accordance
 1086  with subparagraph 7., the fact that an owner or builder has
 1087  proceeded with construction may not be grounds for determining
 1088  an issue to be moot if the issue is one that is likely to arise
 1089  in the future.
 1090  
 1091  This paragraph provides the exclusive remedy for addressing
 1092  requests to review local interpretations of the Florida Building
 1093  Code or the Florida Accessibility Code for Building Construction
 1094  and appeals from review proceedings.
 1095         Section 18. Subsections (1) and (6) of section 553.79,
 1096  Florida Statutes, are amended to read:
 1097         553.79 Permits; applications; issuance; inspections.—
 1098         (1) After the effective date of the Florida Building Code
 1099  adopted as herein provided, it shall be unlawful for any person,
 1100  firm, corporation, or governmental entity to construct, erect,
 1101  alter, modify, repair, or demolish any building within this
 1102  state without first obtaining a permit therefor from the
 1103  appropriate enforcing agency or from such persons as may, by
 1104  appropriate resolution or regulation of the authorized state or
 1105  local enforcing agency, be delegated authority to issue such
 1106  permits, upon the payment of such reasonable fees adopted by the
 1107  enforcing agency. The enforcing agency is empowered to revoke
 1108  any such permit upon a determination by the agency that the
 1109  construction, erection, alteration, modification, repair, or
 1110  demolition of the building for which the permit was issued is in
 1111  violation of, or not in conformity with, the provisions of the
 1112  Florida Building Code. Whenever a permit required under this
 1113  section is denied or revoked because the plan, or the
 1114  construction, erection, alteration, modification, repair, or
 1115  demolition of a building, is found by the local enforcing agency
 1116  to be not in compliance with the Florida Building Code, the
 1117  local enforcing agency shall identify the specific plan or
 1118  project features that do not comply with the applicable codes,
 1119  identify the specific code chapters and sections upon which the
 1120  finding is based, and provide this information to the permit
 1121  applicant. Failure to provide a reason, based on compliance with
 1122  the Florida Building Code or local ordinance, for a denial,
 1123  revocation, or modification request to the applicant shall
 1124  subject the plans reviewer or building code administrator
 1125  responsible with creating the denial, revocation, or
 1126  modification request to disciplinary action against his or her
 1127  license pursuant to s. 468.621(1)(j). Installation, replacement,
 1128  removal, or metering of any load management control device is
 1129  exempt from and shall not be subject to the permit process and
 1130  fees otherwise required by this section.
 1131         (6) A permit may not be issued for any building
 1132  construction, erection, alteration, modification, repair, or
 1133  addition unless the applicant for such permit complies with the
 1134  requirements for plan review established by the Florida Building
 1135  Commission within the Florida Building Code. However, the code
 1136  shall set standards and criteria to authorize preliminary
 1137  construction before completion of all building plans review,
 1138  including, but not limited to, special permits for the
 1139  foundation only, and such standards shall take effect concurrent
 1140  with the first effective date of the Florida Building Code.
 1141  After submittal of the appropriate construction documents, the
 1142  building official may issue a permit for the construction of
 1143  foundations or any other part of a building or structure before
 1144  the construction documents for the whole building or structure
 1145  have been submitted. If such a permit is issued, the
 1146  permitholder may proceed at its own risk and without assurance
 1147  that a permit for the entire structure will be granted.
 1148  Corrections may be required to meet the requirements of the
 1149  technical codes.
 1150         Section 19. Section 553.7931, Florida Statutes, is created
 1151  to read:
 1152         553.7931Alarm system registrations.—
 1153         (1) As used in this section, the term “applicable local
 1154  governmental entity” means the local enforcement agency or local
 1155  law enforcement agency responsible for the administration of
 1156  alarm system registration in a jurisdiction.
 1157         (a) The owner, lessee, or occupant, or an authorized
 1158  representative thereof, of a property must register their alarm
 1159  system with the applicable local governmental entity if such
 1160  entity requires registration of an alarm system.
 1161         (b)1. A contractor, as defined in s. 553.793, or an alarm
 1162  system monitoring company that installs a monitored alarm system
 1163  shall provide written notice, on paper or electronically, to an
 1164  owner, a lessee, or an occupant, or an authorized representative
 1165  thereof, before activation or reactivation of an alarm system,
 1166  that an obligation to register the alarm system with an
 1167  applicable local governmental entity may exist.
 1168         2. An alarm system monitoring company that activates an
 1169  alarm system installed by an owner, a lessee, or an occupant, or
 1170  an authorized representative thereof, shall provide verbal
 1171  notice to the owner, lessee, or occupant, or authorized
 1172  representative thereof, before activation or reactivation of an
 1173  alarm system, that an obligation to register the alarm system
 1174  with an applicable local governmental entity may exist.
 1175         (2) A contractor or an alarm system monitoring company
 1176  shall not be liable for civil penalties and fines assessed or
 1177  imposed by the applicable local governmental entity for failure
 1178  to register an alarm system, dispatch to an unregistered user,
 1179  or for excessive false alarms not attributed to alarm system
 1180  monitoring company error or improper installation by the
 1181  contractor or alarm system monitoring company.
 1182         (3)A municipality, county, district, or other local
 1183  governmental entity may not require that an alarm system
 1184  registration form be notarized before an alarm system may be
 1185  registered.
 1186         (4)A municipality, county, district, or other local
 1187  governmental entity may not adopt or maintain in effect any
 1188  ordinance or rule regarding alarm system registration that is
 1189  inconsistent with this section.
 1190         Section 20. Paragraph (d) is added to subsection (7) of
 1191  section 553.80, Florida Statutes, to read:
 1192         553.80 Enforcement.—
 1193         (7) The governing bodies of local governments may provide a
 1194  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
 1195  166.222 and this section, for enforcing this part. These fees,
 1196  and any fines or investment earnings related to the fees, shall
 1197  be used solely for carrying out the local government’s
 1198  responsibilities in enforcing the Florida Building Code. When
 1199  providing a schedule of reasonable fees, the total estimated
 1200  annual revenue derived from fees, and the fines and investment
 1201  earnings related to the fees, may not exceed the total estimated
 1202  annual costs of allowable activities. Any unexpended balances
 1203  shall be carried forward to future years for allowable
 1204  activities or shall be refunded at the discretion of the local
 1205  government. The basis for a fee structure for allowable
 1206  activities shall relate to the level of service provided by the
 1207  local government and shall include consideration for refunding
 1208  fees due to reduced services based on services provided as
 1209  prescribed by s. 553.791, but not provided by the local
 1210  government. Fees charged shall be consistently applied.
 1211         (d)The local enforcement agency may not require the
 1212  payment of any additional fees, charges, or expenses associated
 1213  with:
 1214         1.Providing proof of licensure pursuant to chapter 489;
 1215         2.Recording or filing a license issued pursuant to this
 1216  chapter; or
 1217         3.Providing, recording, or filing evidence of workers’
 1218  compensation insurance coverage as required by chapter 440.
 1219         Section 21. Paragraph (a) of subsection (8) of section
 1220  553.842, Florida Statutes, is amended to read:
 1221         553.842 Product evaluation and approval.—
 1222         (8) The commission may adopt rules to approve the following
 1223  types of entities that produce information on which product
 1224  approvals are based. All of the following entities, including
 1225  engineers and architects, must comply with a nationally
 1226  recognized standard demonstrating independence or no conflict of
 1227  interest:
 1228         (a) Evaluation entities approved pursuant to this
 1229  paragraph. The commission shall specifically approve the
 1230  National Evaluation Service, the International Association of
 1231  Plumbing and Mechanical Officials Evaluation Service, the
 1232  International Code Council Evaluation Services, Underwriters
 1233  Laboratories, LLC, Intertek Testing Services NA, Inc., and the
 1234  Miami-Dade County Building Code Compliance Office Product
 1235  Control Division. Architects and engineers licensed in this
 1236  state are also approved to conduct product evaluations as
 1237  provided in subsection (5).
 1238         Section 22. Paragraph (c) of subsection (3) of section
 1239  553.844, Florida Statutes, is amended and subsection (4) of that
 1240  section is revived, readopted, and amended to read:
 1241         553.844 Windstorm loss mitigation; requirements for roofs
 1242  and opening protection.—
 1243         (3) The Legislature finds that the integration of these
 1244  specifically identified mitigation measures is critical to
 1245  addressing the serious problem facing the state from damage
 1246  caused by windstorms and that delay in the adoption and
 1247  implementation constitutes a threat to the health, safety, and
 1248  welfare of the state. Accordingly, the Florida Building
 1249  Commission shall develop and adopt these measures by October 1,
 1250  2007, by rule separate from the Florida Building Code, which
 1251  take immediate effect and shall incorporate such requirements
 1252  into the next edition of the Florida Building Code. Such rules
 1253  shall require or otherwise clarify that for site-built, single
 1254  family residential structures:
 1255         (c) Any activity requiring a building permit, not including
 1256  work associated with the prevention of degradation of the
 1257  residence, that is applied for on or after July 1, 2008, and for
 1258  which the estimated cost is $50,000 or more, must include
 1259  provision of opening protections as required within the Florida
 1260  Building Code for new construction for a building that is
 1261  located in the wind-borne debris region as defined in s. 1609.2
 1262  of the International Building Code (2006) and that has an
 1263  insured value of $750,000 or more, or, if the building is
 1264  uninsured or for which documentation of insured value is not
 1265  presented, has a just valuation for the structure for purposes
 1266  of ad valorem taxation of $750,000 or more.
 1267         (4) Notwithstanding the provisions of this section, exposed
 1268  mechanical equipment or appliances fastened to a roof or
 1269  installed on the ground in compliance with the code using rated
 1270  stands, platforms, curbs, slabs, walls, or other means are
 1271  deemed to comply with the wind resistance requirements of the
 1272  2007 Florida Building Code, as amended. Further support or
 1273  enclosure of such mechanical equipment or appliances is not
 1274  required by a state or local official having authority to
 1275  enforce the Florida Building Code. This subsection expires on
 1276  the effective date of the 2013 Florida Building Code.
 1277         Section 23. Section 553.883, Florida Statutes, is amended
 1278  to read:
 1279         553.883 Smoke alarms in one-family and two-family dwellings
 1280  and townhomes.—One-family and two-family dwellings and townhomes
 1281  undergoing a repair, or a level 1 alteration as defined in the
 1282  Florida Building Code, may use smoke alarms powered by 10-year
 1283  nonremovable, nonreplaceable batteries in lieu of retrofitting
 1284  such dwelling with smoke alarms powered by the dwelling’s
 1285  electrical system. Effective January 1, 2015, A battery-powered
 1286  smoke alarm that is newly installed or replaces an existing
 1287  battery-powered smoke alarm as a result of a level 1 alteration,
 1288  must be powered by a nonremovable, nonreplaceable battery that
 1289  powers the alarm for at least 10 years. The battery requirements
 1290  of this section do not apply to a fire alarm, smoke detector,
 1291  smoke alarm, or ancillary component that is electronically
 1292  connected as a part of a centrally monitored or supervised alarm
 1293  system; that uses a low-power radio frequency wireless
 1294  communication signal; or that contains multiple sensors, such as
 1295  a smoke alarm combined with a carbon monoxide alarm or other
 1296  multi-sensor devices, and is approved and listed by a nationally
 1297  recognized testing laboratory.
 1298         Section 24. Section 553.908, Florida Statutes, is amended
 1299  to read:
 1300         553.908 Inspection.—Before construction or renovation is
 1301  completed, the local enforcement agency shall inspect buildings
 1302  for compliance with the standards of this part. Notwithstanding
 1303  any other provision of the code or law, effective July 1, 2016,
 1304  section R402.4.1.2 of the Florida Building Code, 5th Edition
 1305  (2014) Energy Conservation, which became effective on June 30,
 1306  2015, shall increase the building’s or dwelling unit’s maximum
 1307  tested air leakage measure from “not exceeding 5 air changes per
 1308  hour” to “not exceeding 7 air changes per hour” in Climate Zones
 1309  1 and 2. The mandatory blower door testing for residential
 1310  buildings or dwelling units as contained in section R402.1.2 of
 1311  the Florida Building Code, 5th Edition (2014) Energy
 1312  Conservation, may not take effect until July 1, 2016, and does
 1313  not apply to construction permitted before July 1, 2017.
 1314  Additionally, section M401.2 of the Florida Building Code, 5th
 1315  Edition (2014) Mechanical, which became effective on June 30,
 1316  2015, shall decrease the air filtration rate in a dwelling unit
 1317  from “less than 5” to “less than 3” air changes per hour when
 1318  tested with a blower door at a pressure of 0.2-inch water column
 1319  (50 Pascals) in accordance with Section R402.4.1.2 of the
 1320  Florida Building Code, 5th Edition (2014) Energy Conservation.
 1321         Section 25. Subsection (3) of section 553.993, Florida
 1322  Statutes, is amended to read:
 1323         553.993 Definitions.—For purposes of this part:
 1324         (3) “Building energy-efficiency rating system” means a
 1325  whole building energy evaluation system that provides a reliable
 1326  and scientifically based analysis of a building’s energy
 1327  consumption or energy features and allows a comparison to
 1328  similar building types in similar climate zones where
 1329  applicable. Specifically, the rating system shall use standard
 1330  calculations, formulas, and scoring methods; be applicable
 1331  nationally; compare a building to a clearly defined and
 1332  researched baseline or benchmark; require qualified
 1333  professionals to conduct the rating or assessment; and provide a
 1334  labeling and recognition program with specific criteria or
 1335  levels. Residential program benchmarks for new construction must
 1336  be consistent with national building standards. Residential
 1337  building program benchmarks for existing construction must be
 1338  consistent with national home energy rating standards. The
 1339  building energy-efficiency rating system shall require at least
 1340  one level of oversight performed by an organized and balanced
 1341  group of professionals with subject matter expertise in energy
 1342  efficiency, energy rating, and evaluation methods established by
 1343  the Residential Energy Services Network, the Commercial Energy
 1344  Services Network, the Building Performance Institute, the
 1345  American Society of Heating, Refrigerating and Air-Conditioning
 1346  Engineers, or the Florida Solar Energy Center.
 1347         Section 26. Subsections (17) and (18) are added to section
 1348  633.202, Florida Statutes, to read:
 1349         633.202 Florida Fire Prevention Code.—
 1350         (17)The authority having jurisdiction shall determine the
 1351  minimum radio signal strength for fire department communications
 1352  in all new high-rise and existing high-rise buildings. Existing
 1353  buildings are not required to comply with minimum radio strength
 1354  for fire department communications and two-way radio system
 1355  enhancement communications as required by the Florida Fire
 1356  Prevention Code until January 1, 2022. However, by December 31,
 1357  2019, an existing building that is not in compliance with the
 1358  requirements for minimum radio strength for fire department
 1359  communications must apply for an appropriate permit for the
 1360  required installation with the local government agency having
 1361  jurisdiction and must demonstrate that the building will become
 1362  compliant by January 1, 2022. Existing apartment buildings are
 1363  not required to comply until January 1, 2025. However, existing
 1364  apartment buildings are required to apply for the appropriate
 1365  permit for the required communications installation by December
 1366  31, 2022.
 1367         (18)Areas of refuge must be provided if required by the
 1368  Florida Building Code, Accessibility. Required portions of an
 1369  area of refuge shall be accessible from the space they serve by
 1370  an accessible means of egress.
 1371         Section 27. Subsection (5) of section 633.208, Florida
 1372  Statutes, is amended to read:
 1373         633.208 Minimum firesafety standards.—
 1374         (5) With regard to existing buildings, the Legislature
 1375  recognizes that it is not always practical to apply any or all
 1376  of the provisions of the Florida Fire Prevention Code and that
 1377  physical limitations may require disproportionate effort or
 1378  expense with little increase in fire or life safety. Before
 1379  Prior to applying the minimum firesafety code to an existing
 1380  building, the local fire official shall determine whether that a
 1381  threat to lifesafety or property exists. If a threat to
 1382  lifesafety or property exists, the fire official shall apply the
 1383  applicable firesafety code for existing buildings to the extent
 1384  practical to ensure assure a reasonable degree of lifesafety and
 1385  safety of property or the fire official shall fashion a
 1386  reasonable alternative that which affords an equivalent degree
 1387  of lifesafety and safety of property. The local fire official
 1388  may consider the fire safety evaluation systems found in NFPA
 1389  101A, Guide on Alternative Solutions to Life Safety, adopted by
 1390  the State Fire Marshal, as acceptable systems for the
 1391  identification of low-cost, reasonable alternatives. It is
 1392  acceptable to use the Fire Safety Evaluation System for Board
 1393  and Care Facilities using prompt evacuation capabilities
 1394  parameter values on existing residential high-rise buildings.
 1395  The decision of the local fire official may be appealed to the
 1396  local administrative board described in s. 553.73.
 1397         Section 28. Section 633.336, Florida Statutes, is amended
 1398  to read:
 1399         633.336 Contracting without certificate prohibited;
 1400  violations; penalty.—
 1401         (1) It is unlawful for any organization or individual to
 1402  engage in the business of layout, fabrication, installation,
 1403  inspection, alteration, repair, or service of a fire protection
 1404  system, other than a preengineered system, act in the capacity
 1405  of a fire protection contractor, or advertise itself as being a
 1406  fire protection contractor without having been duly certified
 1407  and holding a valid and existing certificate, except as
 1408  hereinafter provided. The holder of a certificate used to
 1409  qualify an organization must be a full-time employee of the
 1410  qualified organization or business. A certificateholder who is
 1411  employed by more than one fire protection contractor during the
 1412  same time is deemed not to be a full-time employee of either
 1413  contractor. The State Fire Marshal shall revoke, for a period
 1414  determined by the State Fire Marshal, the certificate of a
 1415  certificateholder who allows the use of the certificate to
 1416  qualify a company of which the certificateholder is not a full
 1417  time employee. A contractor who maintains more than one place of
 1418  business must employ a certificateholder at each location. This
 1419  subsection does not prohibit an employee acting on behalf of
 1420  governmental entities from inspecting and enforcing firesafety
 1421  codes, provided such employee is certified under s. 633.216.
 1422         (2) A fire protection contractor certified under this
 1423  chapter may not:
 1424         (a) Enter into a written or oral agreement to authorize, or
 1425  otherwise knowingly allow, a contractor who is not certified
 1426  under this chapter to engage in the business of, or act in the
 1427  capacity of, a fire protection contractor.
 1428         (b) Apply for or obtain a construction permit for fire
 1429  protection work unless the fire protection contractor or the
 1430  business organization qualified by the fire protection
 1431  contractor has contracted to conduct the work specified in the
 1432  application for the permit.
 1433         (3)The Legislature recognizes that special expertise is
 1434  required for fire pump control panels and maintenance of
 1435  electric and diesel pump drivers and that it is not economically
 1436  feasible for all contractors to employ these experts full-time
 1437  whose work may be limited. It is therefore deemed acceptable for
 1438  a fire protection contractor licensed under this chapter to
 1439  subcontract with companies providing advanced technical services
 1440  for the installation, servicing, and maintenance of fire pump
 1441  control panels and pump drivers. To ensure the integrity of the
 1442  system and to protect the interests of the property owner, those
 1443  providing technical support services for fire pump control
 1444  panels and pump drivers must be under contract with a licensed
 1445  fire protection contractor.
 1446         (4)(3) A person who violates any provision of this act or
 1447  commits any of the acts constituting cause for disciplinary
 1448  action as herein set forth commits a misdemeanor of the second
 1449  degree, punishable as provided in s. 775.082 or s. 775.083.
 1450         (5)(4) In addition to the penalties provided in subsection
 1451  (4) (3), a fire protection contractor certified under this
 1452  chapter who violates any provision of this section or who
 1453  commits any act constituting cause for disciplinary action is
 1454  subject to suspension or revocation of the certificate and
 1455  administrative fines pursuant to s. 633.338.
 1456         Section 29. The Calder Sloan Swimming Pool Electrical
 1457  Safety Task Force.—There is established within the Florida
 1458  Building Commission the Calder Sloan Swimming Pool Electrical
 1459  Safety Task Force.
 1460         (1)The purpose of the task force is to study standards on
 1461  grounding, bonding, lighting, wiring, and all electrical aspects
 1462  for safety in and around public and private swimming pools,
 1463  especially with regard to minimizing risks of electrocutions
 1464  linked to swimming pools. The task force shall submit a report
 1465  of its findings, including recommended revisions to state law,
 1466  if any, to the Governor, the President of the Senate, and the
 1467  Speaker of the House of Representatives by November 1, 2016.
 1468         (2)The task force shall consist of the swimming pool and
 1469  electrical technical advisory committees of the Florida Building
 1470  Commission.
 1471         (3)The task force shall be chaired by the swimming pool
 1472  contractor appointed to the Florida Building Commission pursuant
 1473  to s. 553.74, Florida Statutes.
 1474         (4)The Florida Building Commission shall provide such
 1475  staff, information, and other assistance as is reasonably
 1476  necessary to assist the task force in carrying out its
 1477  responsibilities.
 1478         (5)Members of the task force shall serve without
 1479  compensation.
 1480         (6)The task force shall meet as often as necessary to
 1481  fulfill its responsibilities. Meetings may be conducted by
 1482  conference call, teleconferencing, or similar technology.
 1483         (7)This section expires December 31, 2016.
 1484         Section 30. Construction Industry Workforce Task Force.—
 1485         (1)The Construction Industry Workforce Task Force is
 1486  created within the University of Florida M.E. Rinker, Sr.,
 1487  School of Construction Management. The goals of the task force
 1488  are to:
 1489         (a)Address the critical shortage of individuals trained in
 1490  building construction and inspection.
 1491         (b)Develop a consensus path for training the next
 1492  generation of construction workers in the state.
 1493         (c)Determine the causes for the current shortage of a
 1494  trained construction industry work force and address the impact
 1495  of the shortages on the recovery of the real estate market.
 1496         (d)Review current methods and resources available for
 1497  construction training.
 1498         (e)Review the state of construction training available in
 1499  K-12 schools.
 1500         (f)Address training issues relating to building code
 1501  inspectors to increase the number of qualified inspectors.
 1502         (2)The task force shall consist of 23 members. Except as
 1503  otherwise specified, each member shall be chosen by the
 1504  association that he or she represents, as follows:
 1505         (a)A member of the House of Representatives appointed by
 1506  the Speaker of the House of Representatives.
 1507         (b)A member of the Senate appointed by the President of
 1508  the Senate.
 1509         (c)A member representing the Florida Associated General
 1510  Contractors Council.
 1511         (d)A member representing the Associated Builders and
 1512  Contractors of Florida.
 1513         (e)A member representing the Florida Home Builders
 1514  Association.
 1515         (f)A member representing the Florida Fire Sprinkler
 1516  Association.
 1517         (g)A member representing the Florida Roofing, Sheet Metal
 1518  and Air Conditioning Contractors Association.
 1519         (h)A member representing the Florida Refrigeration and Air
 1520  Conditioning Contractors Association.
 1521         (i)A member representing the Florida Plumbing-Heating
 1522  Cooling Contractors Association.
 1523         (j)A member representing the Florida Swimming Pool
 1524  Association.
 1525         (k)A member representing the National Utility Contractors
 1526  Association of Florida.
 1527         (l)A member representing the Florida Concrete and Products
 1528  Association.
 1529         (m)A member representing the Alarm Association of Florida.
 1530         (n)A member representing the Independent Electrical
 1531  Contractors.
 1532         (o)A member representing the Florida Building and
 1533  Construction Trades Council within the Florida AFL-CIO.
 1534         (p)A member representing the Building Officials
 1535  Association of Florida.
 1536         (q)A member representing the Asphalt Contractors
 1537  Association of Florida.
 1538         (r)A member representing the American Fire Sprinkler
 1539  Association-Florida Chapter.
 1540         (s)The chair of the Florida Building Commission.
 1541         (t)A member representing the Florida Carpenters Regional
 1542  Council.
 1543         (u)A member representing the National Electrical
 1544  Contractors Association-Florida Chapter.
 1545         (v)A member representing the Florida Electrical Workers
 1546  Association.
 1547         (3)The task force shall elect a chair from among its
 1548  members.
 1549         (4)The University of Florida M.E. Rinker, Sr., School of
 1550  Construction Management shall provide such assistance as is
 1551  reasonably necessary to assist the task force in carrying out
 1552  its responsibilities.
 1553         (5)The task force shall meet as often as necessary to
 1554  fulfill its responsibilities but not fewer than three times. The
 1555  first meeting must be held no later than September 1, 2016.
 1556  Meetings may be conducted by conference call, teleconferencing,
 1557  or similar technology.
 1558         (6)The task force shall submit a final report to the
 1559  Governor, the President of the Senate, and the Speaker of the
 1560  House of Representatives by February 1, 2017.
 1561         (7)The Department of Business and Professional Regulation
 1562  shall provide $50,000 from funds available for the Florida
 1563  Building Code Compliance and Mitigation Program under s.
 1564  553.841(5), Florida Statutes, to the University of Florida M.E.
 1565  Rinker, Sr., School of Construction Management for purposes of
 1566  implementing this section.
 1567         (8)This section expires July 1, 2017.
 1568         Section 31. The Florida Building Commission shall define
 1569  the term “fire separation distance” in Chapter 2, Definitions,
 1570  of the Florida Building Code, 5th Edition (2014) Residential, as
 1571  follows:
 1572  
 1573  “FIRE SEPARATION DISTANCE. The distance measured from the
 1574  building face to one of the following:
 1575  1.To the closest interior lot line;
 1576  2.To the centerline of a street, an alley, or a public way;
 1577  3.To an imaginary line between two buildings on the lot; or
 1578  4.To an imaginary line between two buildings when the exterior
 1579  wall of one building is located on a zero lot line.
 1580  
 1581  The distance must be measured at a right angle from the face of
 1582  the wall.”
 1583         Section 32. The Florida Building Commission shall amend the
 1584  Florida Building Code, 5th Edition (2014) Residential, to allow
 1585  openings and roof overhang projections on the exterior wall of a
 1586  building located on a zero lot line, when the building exterior
 1587  wall is separated from an adjacent building exterior wall by a
 1588  distance of 6 feet or more and the roof overhang projection is
 1589  separated from an adjacent building projection by a distance of
 1590  4 feet or more, with 1-hour fire-resistive construction on the
 1591  underside of the overhang required, unless the separation
 1592  between projections is 6 feet or more.
 1593         Section 33. The Florida Building Commission shall adopt
 1594  into the Florida Building Code, 5th Edition (2014) Energy
 1595  Conservation, the following:
 1596  
 1597  “Section 406 relating to the Alternative Performance Path,
 1598  Energy Rating Index of the 2015 International Energy
 1599  Conservation Code (IECC) may be used unmodified except as
 1600  follows for Table R406.4 as an option for demonstrating
 1601  compliance with the Florida Building Code, Energy Conservation.
 1602  TABLE R406.4 MAXIMUM ENERGY RATING INDEX shall reflect the
 1603  following energy rating index: for Climate Zone 1, an index of
 1604  58; for Climate Zone 2, an index of 58.”
 1605         Section 34. The Florida Building Commission shall adopt
 1606  into the Florida Building Code, 5th Edition (2014) Residential,
 1607  the following, which shall be effective on July 1, 2016:
 1608  
 1609  “Notwithstanding any other provision of code or law, the section
 1610  setting forth shower lining requirements will include the
 1611  following exceptions:
 1612  Exceptions:
 1613  1.Floor surfaces under showerheads provided for rinsing laid
 1614  directly on the ground.
 1615  2.Shower compartments where the finished shower drain is
 1616  depressed a minimum of 2 inches (51 mm) below the surrounding
 1617  finished floor on the first floor level and the shower recess is
 1618  poured integrally with the adjoining floor.”
 1619         Section 35. The Florida Building Commission shall amend the
 1620  Florida Building Code, 5th Edition (2014) Residential, to
 1621  provide that the minimum fire separation distance for non-fire
 1622  resistant rated exterior walls shall be 3 feet or greater and
 1623  non-fire resistant rated projections shall have a minimum fire
 1624  separation distance of 3 feet or greater. Projections within 2
 1625  feet and less than 3 feet shall include a one-hour fire
 1626  resistance rated on the underside. Projections less than 2 feet
 1627  are not permitted. Penetrations of the exterior wall within less
 1628  than 3 feet must comply with Dwelling Unit Rated Penetration.
 1629  Penetrations 3 feet or greater are not required to have a fire
 1630  resistance rating. Openings in walls are unlimited with a fire
 1631  separation distance of 3 feet or greater.
 1632         Section 36. Notwithstanding any law, rule, or regulation to
 1633  the contrary, a restaurant, cafeteria, or similar dining
 1634  facility, including an associated commercial kitchen, is
 1635  required to have sprinklers only if it has a fire area occupancy
 1636  load of 200 patrons or more.
 1637         Section 37. This act shall take effect July 1, 2016.