Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1312
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/18/2017           .                                

       The Committee on Community Affairs (Perry) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 377.705, Florida Statutes, is amended to
    6  read:
    7         377.705 Solar Energy Center; development of solar energy
    8  standards.—
    9         (1) SHORT TITLE.—This act shall be known and may be cited
   10  as the Solar Energy Standards Act of 1976.
   12         (a)Because of increases in the cost of conventional fuel,
   13  certain applications of solar energy are becoming competitive,
   14  particularly when life-cycle costs are considered. It is the
   15  intent of the Legislature in formulating a sound and balanced
   16  energy policy for the state to encourage the development of an
   17  alternative energy capability in the form of incident solar
   18  energy.
   19         (b)Toward this purpose, The Legislature intends to provide
   20  incentives for the production and sale of, and to set standards
   21  for, solar energy systems. Such standards shall ensure that
   22  solar energy systems manufactured or sold within the state are
   23  effective and represent a high level of quality of materials,
   24  workmanship, and design.
   25         (3) DEFINITIONS.—As used in this section, the term:
   26         (a) “Center” means is defined as the Florida Solar Energy
   27  Center of the Board of Governors.
   28         (b) “Solar energy systems” means is defined as equipment
   29  which provides for the collection and use of incident solar
   30  energy for water heating, space heating or cooling, or other
   31  applications which normally require or would require a
   32  conventional source of energy such as petroleum products,
   33  natural gas, or electricity and which performs primarily with
   34  solar energy. In such other systems in which solar energy is
   35  used in a supplemental way, only those components which collect
   36  and transfer solar energy shall be included in this definition.
   39         (a) The center shall develop and adopt promulgate standards
   40  for solar energy systems manufactured or sold in this state
   41  based on the best currently available information and shall
   42  consult with scientists, engineers, or persons in research
   43  centers who are engaged in the construction of, experimentation
   44  with, and research of solar energy systems to properly identify
   45  the most reliable designs and types of solar energy systems.
   46         (b) The center shall establish criteria for testing
   47  performance of solar energy systems and shall maintain the
   48  necessary capability for testing or evaluating performance of
   49  solar energy systems. The center may accept results of tests on
   50  solar energy systems made by other organizations, companies, or
   51  persons if when such tests are conducted according to the
   52  criteria established by the center and if when the testing
   53  entity does not have a has no vested interest in the
   54  manufacture, distribution, or sale of solar energy systems.
   55         (c) The center shall be entitled to receive a testing fee
   56  sufficient to cover the costs of such testing. All testing fees
   57  shall be transmitted by the center to the Chief Financial
   58  Officer to be deposited in the Solar Energy Center Testing Trust
   59  Fund, which is hereby created in the State Treasury, and
   60  disbursed for the payment of expenses incurred in testing solar
   61  energy systems.
   62         (d) All solar energy systems manufactured or sold in the
   63  state must meet the standards established by the center and
   64  shall display accepted results of approved performance tests in
   65  a manner prescribed by the center, unless otherwise certified by
   66  an engineer licensed pursuant to chapter 471 using the standards
   67  contained in the most recent version of the Florida Building
   68  Code.
   69         Section 2. Paragraph (m) is added to subsection (1) of
   70  section 471.033, Florida Statutes, to read:
   71         471.033 Disciplinary proceedings.—
   72         (1) The following acts constitute grounds for which the
   73  disciplinary actions in subsection (3) may be taken:
   74         (m)Failing to disclose to a customer before contracting
   75  for engineering service whether the licensee maintains
   76  professional liability insurance and the policy limits if the
   77  licensee does maintain such insurance.
   78         Section 3. Subsection (5) of section 489.103, Florida
   79  Statutes, is amended to read:
   80         489.103 Exemptions.—This part does not apply to:
   81         (5) Public utilities, including municipal gas utilities and
   82  special gas districts as defined in chapter 189,
   83  telecommunications companies as defined in s. 364.02(13), and
   84  natural gas transmission companies as defined in s. 368.103(4),
   85  on construction, maintenance, and development work performed by
   86  their employees, which work, including, but not limited to, work
   87  on bridges, roads, streets, highways, or railroads, is
   88  incidental to their business. The board shall define, by rule,
   89  the term “incidental to their business” for purposes of this
   90  subsection.
   91         Section 4. Paragraph (h) is added to subsection (3) of
   92  section 489.113, Florida Statutes, to read:
   93         489.113 Qualifications for practice; restrictions.—
   94         (3) A contractor shall subcontract all electrical,
   95  mechanical, plumbing, roofing, sheet metal, swimming pool, and
   96  air-conditioning work, unless such contractor holds a state
   97  certificate or registration in the respective trade category,
   98  however:
   99         (h) A pool/spa contractor, as defined in s. 489.105(3)(j),
  100  (k), or (l), is not required to subcontract electrical work for
  101  the installation, replacement, disconnection, or reconnection of
  102  power wiring on the load side of the dedicated existing
  103  electrical disconnecting means, but is required to subcontract
  104  all electrical work that requires installation, removal,
  105  replacement, or upgrading of a circuit breaker. This paragraph
  106  does not apply to other contractor classifications or
  107  professions.
  108         Section 5. Section 553.721, Florida Statutes, is amended to
  109  read:
  110         553.721 Surcharge.—In order for the Department of Business
  111  and Professional Regulation to administer and carry out the
  112  purposes of this part and related activities, there is created a
  113  surcharge, to be assessed at the rate of 1.5 percent of the
  114  permit fees associated with enforcement of the Florida Building
  115  Code as defined by the uniform account criteria and specifically
  116  the uniform account code for building permits adopted for local
  117  government financial reporting pursuant to s. 218.32. The
  118  minimum amount collected on any permit issued shall be $2. The
  119  unit of government responsible for collecting a permit fee
  120  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  121  surcharge and electronically remit the funds collected to the
  122  department on a quarterly calendar basis for the preceding
  123  quarter and continuing each third month thereafter. The unit of
  124  government shall retain 10 percent of the surcharge collected to
  125  fund the participation of building departments in the national
  126  and state building code adoption processes and to provide
  127  education related to enforcement of the Florida Building Code.
  128  All funds remitted to the department pursuant to this section
  129  shall be deposited in the Professional Regulation Trust Fund.
  130  Funds collected from the surcharge shall be allocated to fund
  131  the Florida Building Commission and the Florida Building Code
  132  Compliance and Mitigation Program under s. 553.841. Funds
  133  allocated to the Florida Building Code Compliance and Mitigation
  134  Program shall be $925,000 each fiscal year. The Florida Building
  135  Code Compliance and Mitigation Program shall fund the
  136  recommendations made by the Building Code System Uniform
  137  Implementation Evaluation Workgroup, dated April 8, 2013, from
  138  existing resources, not to exceed $30,000 in the 2016-2017
  139  fiscal year. The department shall provide $150,000 for the
  140  fiscal year 2017-2018 from surcharge funds available to the
  141  University of Florida M. E. Rinker, Sr., School of Construction
  142  Management for the continuation of the Construction Industry
  143  Workforce Task Force. Funds collected from the surcharge shall
  144  also be used to fund Florida Fire Prevention Code informal
  145  interpretations managed by the State Fire Marshal and shall be
  146  limited to $15,000 each fiscal year. The State Fire Marshal
  147  shall adopt rules to address the implementation and expenditure
  148  of the funds allocated to fund the Florida Fire Prevention Code
  149  informal interpretations under this section. The funds collected
  150  from the surcharge may not be used to fund research on
  151  techniques for mitigation of radon in existing buildings. Funds
  152  used by the department as well as funds to be transferred to the
  153  Department of Health and the State Fire Marshal shall be as
  154  prescribed in the annual General Appropriations Act. The
  155  department shall adopt rules governing the collection and
  156  remittance of surcharges pursuant to chapter 120.
  157         Section 6. Subsection (20) is added to section 553.73,
  158  Florida Statutes, to read:
  159         553.73 Florida Building Code.—
  160         (20) The Florida Building Commission may not:
  161         (a) Adopt the 2016 version of the American Society of
  162  Heating, Refrigerating and Air-Conditioning Engineers Standard
  164         (b) Adopt any provision that requires a door located in the
  165  opening between a garage and a residence to be equipped with a
  166  self-closing device.
  167         Section 7. Subsection (20) is added to section 553.79,
  168  Florida Statutes, to read:
  169         553.79 Permits; applications; issuance; inspections.—
  170         (20)A political subdivision of this state may not adopt or
  171  enforce any ordinance or impose any building permit or other
  172  development order requirement that:
  173         (a)1.Contains any building, construction, or aesthetic
  174  requirement or condition that conflicts with or impairs
  175  corporate trademarks, service marks, trade dress, logos, color
  176  patterns, design scheme insignia, image standards, or other
  177  features of corporate branding identity on real property or
  178  improvements thereon used in activities conducted under chapter
  179  526 or in carrying out business activities defined as a
  180  franchise by Federal Trade Commission regulations in 16 C.F.R.
  181  ss. 436.1, et. seq.; or
  182         2.Imposes any requirement on the design, construction, or
  183  location of signage advertising the retail price of gasoline in
  184  accordance with the requirements of ss. 526.111 and 526.121
  185  which prevents the signage from being clearly visible and
  186  legible to drivers of approaching motor vehicles in any lane of
  187  traffic in either direction on a roadway abutting the gas
  188  station premises and which meets height, width, and spacing
  189  standards for Series C, D, or E signs, as applicable, published
  190  in the latest edition of Standard Alphabets for Highway Signs
  191  and Pavement Markings published by the Federal Highway
  192  Administration, Office of Traffic Operations.
  193         (b)This subsection does not affect any requirement for
  194  design and construction in the Florida Building Code.
  195         (c)All such ordinances and requirements are hereby
  196  preempted and superseded by general law. This subsection shall
  197  apply retroactively.
  198         Section 8. Subsection (2) of section 553.791, Florida
  199  Statutes, is amended to read:
  200         553.791 Alternative plans review and inspection.—
  201         (2)(a) Notwithstanding any other law or local government
  202  ordinance or local policy, the fee owner of a building or
  203  structure, or the fee owner’s contractor upon written
  204  authorization from the fee owner, may choose to use a private
  205  provider to provide building code inspection services with
  206  regard to such building or structure and may make payment
  207  directly to the private provider for the provision of such
  208  services. All such services shall be the subject of a written
  209  contract between the private provider, or the private provider’s
  210  firm, and the fee owner or the fee owner’s contractor, upon
  211  written authorization of the fee owner. The fee owner may elect
  212  to use a private provider to provide plans review or required
  213  building inspections, or both. However, if the fee owner or the
  214  fee owner’s contractor uses a private provider to provide plans
  215  review, the local building official, in his or her discretion
  216  and pursuant to duly adopted policies of the local enforcement
  217  agency, may require the fee owner or the fee owner’s contractor
  218  to use a private provider to also provide required building
  219  inspections.
  220         (b)It is the intent of the Legislature that owners and
  221  contractors not be required to pay extra costs related to
  222  building permitting requirements when hiring a private provider
  223  for plans reviews and building inspections. A local jurisdiction
  224  must calculate the cost savings to the local enforcement agency,
  225  based on a fee owner or contractor hiring a private provider to
  226  perform plans reviews and building inspections in lieu of the
  227  local building official, and reduce the permit fees accordingly.
  228         Section 9. Paragraph (d) of subsection (7) of section
  229  553.80, Florida Statutes, is amended to read:
  230         553.80 Enforcement.—
  231         (7) The governing bodies of local governments may provide a
  232  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
  233  166.222 and this section, for enforcing this part. These fees,
  234  and any fines or investment earnings related to the fees, shall
  235  be used solely for carrying out the local government’s
  236  responsibilities in enforcing the Florida Building Code. When
  237  providing a schedule of reasonable fees, the total estimated
  238  annual revenue derived from fees, and the fines and investment
  239  earnings related to the fees, may not exceed the total estimated
  240  annual costs of allowable activities. Any unexpended balances
  241  shall be carried forward to future years for allowable
  242  activities or shall be refunded at the discretion of the local
  243  government. The basis for a fee structure for allowable
  244  activities shall relate to the level of service provided by the
  245  local government and shall include consideration for refunding
  246  fees due to reduced services based on services provided as
  247  prescribed by s. 553.791, but not provided by the local
  248  government. Fees charged shall be consistently applied.
  249         (d) The local enforcement agency, independent district, or
  250  special district may not require at any time, including at the
  251  time of application for a permit, the payment of any additional
  252  fees, charges, or expenses associated with:
  253         1. Providing proof of licensure pursuant to chapter 489;
  254         2. Recording or filing a license issued pursuant to this
  255  chapter; or
  256         3. Providing, recording, or filing evidence of workers’
  257  compensation insurance coverage as required by chapter 440.
  258         Section 10. Section 553.9081, Florida Statutes, is created
  259  to read:
  260         553.9081Florida Building Code; required amendments.—The
  261  Florida Building Commission shall amend the Florida Building
  262  Code-Energy Conservation to:
  263         (1)(a)Eliminate duplicative commissioning reporting
  264  requirements for HVAC and electrical systems; and
  265         (b)Authorize commissioning reports to be provided by a
  266  licensed design professional, electrical engineer, or mechanical
  267  engineer.
  268         (2)Prohibit the adoption of American Society of Heating,
  269  Refrigerating and Air-Conditioning Engineers Standard
  271         Section 11. Subsection (8) of section 633.208, Florida
  272  Statutes, is amended to read:
  273         633.208 Minimum firesafety standards.—
  274         (8)(a) The provisions of the Life Safety Code, as contained
  275  in the Florida Fire Prevention Code, do not apply to one-family
  276  and two-family dwellings. However, fire sprinkler protection may
  277  be permitted by local government in lieu of other fire
  278  protection-related development requirements for such structures.
  279  While local governments may adopt fire sprinkler requirements
  280  for one-family one- and two-family dwellings under this
  281  subsection, it is the intent of the Legislature that the
  282  economic consequences of the fire sprinkler mandate on home
  283  owners be studied before the enactment of such a requirement.
  284  After the effective date of this act, any local government that
  285  desires to adopt a fire sprinkler requirement on one-family one-
  286  or two-family dwellings must prepare an economic cost and
  287  benefit report that analyzes the application of fire sprinklers
  288  to one-family one- or two-family dwellings or any proposed
  289  residential subdivision. The report must consider the tradeoffs
  290  and specific cost savings and benefits of fire sprinklers for
  291  future owners of property. The report must include an assessment
  292  of the cost savings from any reduced or eliminated impact fees
  293  if applicable, the reduction in special fire district tax,
  294  insurance fees, and other taxes or fees imposed, and the waiver
  295  of certain infrastructure requirements including the reduction
  296  of roadway widths, the reduction of water line sizes, increased
  297  fire hydrant spacing, increased dead-end roadway length, and a
  298  reduction in cul-de-sac sizes relative to the costs from fire
  299  sprinkling. A failure to prepare an economic report shall result
  300  in the invalidation of the fire sprinkler requirement to any
  301  one-family one- or two-family dwelling or any proposed
  302  subdivision. In addition, a local jurisdiction or utility may
  303  not charge any additional fee, above what is charged to a non
  304  fire sprinklered dwelling, on the basis that a one-family one-
  305  or two-family dwelling unit is protected by a fire sprinkler
  306  system.
  307         (b)1.A county, municipality, special taxing district,
  308  public utility, or private utility may not require a separate
  309  water connection for a one-family or two-family dwelling fire
  310  sprinkler system if the hydraulic design has proven the existing
  311  connection is capable of supplying the needed hydraulic demand.
  312         2.A county, municipality, special district, public
  313  utility, or private utility may not charge a water or sewer rate
  314  to a one-family or two-family dwelling that requires a larger
  315  water meter solely due to the installation of fire sprinklers
  316  above that which is charged to a one-family and two-family
  317  dwelling with a base meter. If the installation of fire
  318  sprinklers in a one-family or two-family dwelling requires the
  319  installation of a larger water meter, only the difference in
  320  actual cost between the base water meter and the larger water
  321  meter may be charged by the water utility provider.
  322         Section 12. A local government may not require an owner of
  323  a residence to obtain a permit to paint such residence,
  324  regardless of whether the residence is owned by a limited
  325  liability company.
  326         Section 13. The Department of Education, in conjunction
  327  with the Department of Economic Opportunity, shall develop a
  328  plan to implement the recommendations of the Construction
  329  Industry Workforce Task Force Report dated January 20, 2017. The
  330  Department of Education shall provide the plan to the
  331  Construction Industry Workforce Task Force on or before July 1,
  332  2018.
  333         Section 14. CareerSource Florida, Inc., shall develop and
  334  submit a plan to the Construction Industry Workforce Task Force
  335  on the potential opportunities for training programs to
  336  implement the recommendations of the Construction Industry
  337  Workforce Task Force Report dated January 20, 2017, using
  338  existing federal funds awarded to the corporation and using the
  339  previous statewide Florida ReBuilds program as an implementation
  340  model for such programs. CareerSource Florida, Inc., shall
  341  provide the plan to the Construction Industry Workforce Task
  342  Force on or before July 1, 2018.
  343         Section 15. The Florida Building Commission shall adopt an
  344  amendment to the Florida Building Code-Residential, relating to
  345  door components, to provide that, regarding substitution of door
  346  components, such components must either:
  347         (1)Comply with ANSI/WMA 100; or
  348         (2)Be evaluated by an approved product evaluation entity,
  349  certification agency, testing laboratory, or engineer and may be
  350  interchangeable in exterior door assemblies if the components
  351  provide equal or greater structural performance as demonstrated
  352  by accepted engineering practices.
  353         Section 16. This act shall take effect July 1, 2017.
  355  ================= T I T L E  A M E N D M E N T ================
  356  And the title is amended as follows:
  357         Delete everything before the enacting clause
  358  and insert:
  359                        A bill to be entitled                      
  360         An act relating to construction; amending s. 377.705,
  361         F.S.; revising legislative findings and intent;
  362         authorizing solar energy systems manufactured or sold
  363         in the state to be certified by professional
  364         engineers; amending s. 471.033, F.S.; prohibiting
  365         professional engineers from contracting with customers
  366         without disclosing whether they maintain certain
  367         insurance; amending s. 489.103, F.S.; revising an
  368         exemption from construction contracting regulation for
  369         certain public utilities; deleting responsibility of
  370         the Construction Industry Licensing Board to define
  371         the term “incidental to their business” for certain
  372         purposes; amending s. 489.113, F.S.; providing that
  373         specified pool/spa contractors are not required to
  374         subcontract certain work relating to power wiring;
  375         requiring such contractors to subcontract all work
  376         requiring the installation, removal, replacement, or
  377         upgrading of a circuit breaker; providing
  378         applicability; amending s. 553.721, F.S.; requiring
  379         the Department of Business and Professional Regulation
  380         to provide certain funds allocated to the University
  381         of Florida M. E. Rinker, Sr., School of Construction
  382         Management for specified purposes; amending s. 553.73,
  383         F.S.; prohibiting the Florida Building Commission from
  384         adopting certain provisions into the Florida Building
  385         Code; amending s. 553.79, F.S.; prohibiting a
  386         political subdivision from adopting or enforcing
  387         certain building permits or other development order
  388         requirements; providing construction; providing for
  389         preemption of certain local laws and regulations;
  390         providing for retroactive applicability; amending s.
  391         553.791, F.S.; providing legislative intent; requiring
  392         local jurisdictions to reduce certain permit fees;
  393         amending s. 553.80, F.S.; prohibiting local
  394         enforcement agencies, independent districts, and
  395         special districts from charging certain fees; creating
  396         s. 553.9081, F.S.; requiring the Florida Building
  397         Commission to amend certain provisions of the Florida
  398         Building Code; amending s. 633.208, F.S.; prohibiting
  399         a county, municipality, special taxing district,
  400         public utility, or private utility from requiring a
  401         separate water connection or charging a specified
  402         water or sewage rate under certain conditions;
  403         prohibiting a local government from requiring a permit
  404         for painting a residence; requiring the Department of
  405         Education to develop a plan for specified purposes;
  406         requiring the department to provide the plan to the
  407         Construction Industry Workforce Task Force by a
  408         specified date; requiring CareerSource Florida, Inc.,
  409         to develop a plan for specified purposes; requiring
  410         CareerSource Florida, Inc., to provide the plan to the
  411         Construction Industry Workforce Task Force by a
  412         specified date; requiring the Florida Building
  413         Commission to amend specified provisions of the
  414         Florida Building Code related to door components;
  415         providing an effective date.