Florida Senate - 2017                             CS for SB 1312
       By the Committee on Community Affairs; and Senator Perry
       578-03983-17                                          20171312c1
    1                        A bill to be entitled                      
    2         An act relating to construction; amending s. 377.705,
    3         F.S.; revising legislative findings and intent;
    4         authorizing solar energy systems manufactured or sold
    5         in the state to be certified by professional
    6         engineers; amending s. 471.033, F.S.; prohibiting
    7         professional engineers from contracting with customers
    8         without disclosing whether they maintain certain
    9         insurance; amending s. 489.103, F.S.; revising an
   10         exemption from construction contracting regulation for
   11         certain public utilities; deleting responsibility of
   12         the Construction Industry Licensing Board to define
   13         the term “incidental to their business” for certain
   14         purposes; amending s. 489.113, F.S.; providing that
   15         specified pool/spa contractors are not required to
   16         subcontract certain work relating to power wiring;
   17         requiring such contractors to subcontract all work
   18         requiring the installation, removal, replacement, or
   19         upgrading of a circuit breaker; providing
   20         applicability; amending s. 553.721, F.S.; requiring
   21         the Department of Business and Professional Regulation
   22         to provide certain funds allocated to the University
   23         of Florida M. E. Rinker, Sr., School of Construction
   24         Management for specified purposes; amending s. 553.73,
   25         F.S.; requiring the Florida Building Commission to use
   26         certain entities and codes for updates to the Florida
   27         Building Code; revising voting requirements for a
   28         technical advisory committee to make a favorable
   29         recommendation to the commission; providing that
   30         certain technical amendments to the Florida Building
   31         Code which are adopted by a local government are not
   32         rendered void when the code is updated; specifying
   33         that such amendments are subject to review or
   34         modification if carried forward into the next edition
   35         of the code; requiring the commission to update the
   36         Florida Building Code through a review of the most
   37         current updates of specified codes; requiring the
   38         commission to adopt specified provisions from certain
   39         codes; deleting provisions limiting how long an
   40         amendment or modification is effective; deleting a
   41         provision requiring certain amendments or
   42         modifications to be carried forward into the next
   43         edition of the code, subject to certain conditions;
   44         deleting certain requirements for the resubmission of
   45         expired amendments; deleting a provision prohibiting a
   46         proposed amendment from being included in the code if
   47         it has been addressed in the international code;
   48         conforming provisions to changes made by the act;
   49         prohibiting the commission from adopting certain
   50         provisions into the Florida Building Code; amending s.
   51         553.76, F.S.; requiring the commission to adopt the
   52         Florida Building Code, and amendments thereto, by a
   53         minimum percentage of votes; amending s. 553.79, F.S.;
   54         prohibiting a political subdivision from adopting or
   55         enforcing certain building permits or other
   56         development order requirements; providing
   57         construction; providing for preemption of certain
   58         local laws and regulations; providing for retroactive
   59         applicability; amending s. 553.791, F.S.; providing
   60         legislative intent; requiring local jurisdictions to
   61         reduce certain permit fees; amending s. 553.80, F.S.;
   62         prohibiting local enforcement agencies, independent
   63         districts, and special districts from charging certain
   64         fees; creating s. 553.9081, F.S.; requiring the
   65         Florida Building Commission to amend certain
   66         provisions of the Florida Building Code; amending s.
   67         633.208, F.S.; prohibiting a county, municipality,
   68         special taxing district, public utility, or private
   69         utility from requiring a separate water connection or
   70         charging a specified water or sewage rate under
   71         certain conditions; prohibiting a local government
   72         from requiring a permit for painting a residence;
   73         requiring the Department of Education to develop a
   74         plan for specified purposes; requiring the department
   75         to provide the plan to the Construction Industry
   76         Workforce Task Force by a specified date; requiring
   77         CareerSource Florida, Inc., to develop a plan for
   78         specified purposes; requiring CareerSource Florida,
   79         Inc., to provide the plan to the Construction Industry
   80         Workforce Task Force by a specified date; requiring
   81         the Florida Building Commission to amend specified
   82         provisions of the Florida Building Code related to
   83         door components; providing an effective date.
   85  Be It Enacted by the Legislature of the State of Florida:
   87         Section 1. Section 377.705, Florida Statutes, is amended to
   88  read:
   89         377.705 Solar Energy Center; development of solar energy
   90  standards.—
   91         (1) SHORT TITLE.—This act shall be known and may be cited
   92  as the Solar Energy Standards Act of 1976.
   94         (a)Because of increases in the cost of conventional fuel,
   95  certain applications of solar energy are becoming competitive,
   96  particularly when life-cycle costs are considered. It is the
   97  intent of the Legislature in formulating a sound and balanced
   98  energy policy for the state to encourage the development of an
   99  alternative energy capability in the form of incident solar
  100  energy.
  101         (b)Toward this purpose, The Legislature intends to provide
  102  incentives for the production and sale of, and to set standards
  103  for, solar energy systems. Such standards shall ensure that
  104  solar energy systems manufactured or sold within the state are
  105  effective and represent a high level of quality of materials,
  106  workmanship, and design.
  107         (3) DEFINITIONS.—As used in this section, the term:
  108         (a) “Center” means is defined as the Florida Solar Energy
  109  Center of the Board of Governors.
  110         (b) “Solar energy systems” means is defined as equipment
  111  which provides for the collection and use of incident solar
  112  energy for water heating, space heating or cooling, or other
  113  applications which normally require or would require a
  114  conventional source of energy such as petroleum products,
  115  natural gas, or electricity and which performs primarily with
  116  solar energy. In such other systems in which solar energy is
  117  used in a supplemental way, only those components which collect
  118  and transfer solar energy shall be included in this definition.
  121         (a) The center shall develop and adopt promulgate standards
  122  for solar energy systems manufactured or sold in this state
  123  based on the best currently available information and shall
  124  consult with scientists, engineers, or persons in research
  125  centers who are engaged in the construction of, experimentation
  126  with, and research of solar energy systems to properly identify
  127  the most reliable designs and types of solar energy systems.
  128         (b) The center shall establish criteria for testing
  129  performance of solar energy systems and shall maintain the
  130  necessary capability for testing or evaluating performance of
  131  solar energy systems. The center may accept results of tests on
  132  solar energy systems made by other organizations, companies, or
  133  persons if when such tests are conducted according to the
  134  criteria established by the center and if when the testing
  135  entity does not have a has no vested interest in the
  136  manufacture, distribution, or sale of solar energy systems.
  137         (c) The center shall be entitled to receive a testing fee
  138  sufficient to cover the costs of such testing. All testing fees
  139  shall be transmitted by the center to the Chief Financial
  140  Officer to be deposited in the Solar Energy Center Testing Trust
  141  Fund, which is hereby created in the State Treasury, and
  142  disbursed for the payment of expenses incurred in testing solar
  143  energy systems.
  144         (d) All solar energy systems manufactured or sold in the
  145  state must meet the standards established by the center and
  146  shall display accepted results of approved performance tests in
  147  a manner prescribed by the center, unless otherwise certified by
  148  an engineer licensed pursuant to chapter 471 using the standards
  149  contained in the most recent version of the Florida Building
  150  Code.
  151         Section 2. Paragraph (m) is added to subsection (1) of
  152  section 471.033, Florida Statutes, to read:
  153         471.033 Disciplinary proceedings.—
  154         (1) The following acts constitute grounds for which the
  155  disciplinary actions in subsection (3) may be taken:
  156         (m)Failing to disclose to a customer before contracting
  157  for engineering service whether the licensee maintains
  158  professional liability insurance and the policy limits if the
  159  licensee does maintain such insurance.
  160         Section 3. Subsection (5) of section 489.103, Florida
  161  Statutes, is amended to read:
  162         489.103 Exemptions.—This part does not apply to:
  163         (5) Public utilities, including municipal gas utilities and
  164  special gas districts as defined in chapter 189,
  165  telecommunications companies as defined in s. 364.02(13), and
  166  natural gas transmission companies as defined in s. 368.103(4),
  167  on construction, maintenance, and development work performed by
  168  their employees, which work, including, but not limited to, work
  169  on bridges, roads, streets, highways, or railroads, is
  170  incidental to their business. The board shall define, by rule,
  171  the term “incidental to their business” for purposes of this
  172  subsection.
  173         Section 4. Paragraph (h) is added to subsection (3) of
  174  section 489.113, Florida Statutes, to read:
  175         489.113 Qualifications for practice; restrictions.—
  176         (3) A contractor shall subcontract all electrical,
  177  mechanical, plumbing, roofing, sheet metal, swimming pool, and
  178  air-conditioning work, unless such contractor holds a state
  179  certificate or registration in the respective trade category,
  180  however:
  181         (h) A pool/spa contractor, as defined in s. 489.105(3)(j),
  182  (k), or (l), is not required to subcontract electrical work for
  183  the installation, replacement, disconnection, or reconnection of
  184  power wiring on the load side of the dedicated existing
  185  electrical disconnecting means, but is required to subcontract
  186  all electrical work that requires installation, removal,
  187  replacement, or upgrading of a circuit breaker. This paragraph
  188  does not apply to other contractor classifications or
  189  professions.
  190         Section 5. Section 553.721, Florida Statutes, is amended to
  191  read:
  192         553.721 Surcharge.—In order for the Department of Business
  193  and Professional Regulation to administer and carry out the
  194  purposes of this part and related activities, there is created a
  195  surcharge, to be assessed at the rate of 1.5 percent of the
  196  permit fees associated with enforcement of the Florida Building
  197  Code as defined by the uniform account criteria and specifically
  198  the uniform account code for building permits adopted for local
  199  government financial reporting pursuant to s. 218.32. The
  200  minimum amount collected on any permit issued shall be $2. The
  201  unit of government responsible for collecting a permit fee
  202  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  203  surcharge and electronically remit the funds collected to the
  204  department on a quarterly calendar basis for the preceding
  205  quarter and continuing each third month thereafter. The unit of
  206  government shall retain 10 percent of the surcharge collected to
  207  fund the participation of building departments in the national
  208  and state building code adoption processes and to provide
  209  education related to enforcement of the Florida Building Code.
  210  All funds remitted to the department pursuant to this section
  211  shall be deposited in the Professional Regulation Trust Fund.
  212  Funds collected from the surcharge shall be allocated to fund
  213  the Florida Building Commission and the Florida Building Code
  214  Compliance and Mitigation Program under s. 553.841. Funds
  215  allocated to the Florida Building Code Compliance and Mitigation
  216  Program shall be $925,000 each fiscal year. The Florida Building
  217  Code Compliance and Mitigation Program shall fund the
  218  recommendations made by the Building Code System Uniform
  219  Implementation Evaluation Workgroup, dated April 8, 2013, from
  220  existing resources, not to exceed $30,000 in the 2016-2017
  221  fiscal year. The department shall provide $150,000 for the 2017
  222  2018 fiscal year from surcharge funds available to the
  223  University of Florida M. E. Rinker, Sr., School of Construction
  224  Management for the continuation of the Construction Industry
  225  Workforce Task Force. Funds collected from the surcharge shall
  226  also be used to fund Florida Fire Prevention Code informal
  227  interpretations managed by the State Fire Marshal and shall be
  228  limited to $15,000 each fiscal year. The State Fire Marshal
  229  shall adopt rules to address the implementation and expenditure
  230  of the funds allocated to fund the Florida Fire Prevention Code
  231  informal interpretations under this section. The funds collected
  232  from the surcharge may not be used to fund research on
  233  techniques for mitigation of radon in existing buildings. Funds
  234  used by the department as well as funds to be transferred to the
  235  Department of Health and the State Fire Marshal shall be as
  236  prescribed in the annual General Appropriations Act. The
  237  department shall adopt rules governing the collection and
  238  remittance of surcharges pursuant to chapter 120.
  239         Section 6. Subsection (3) of section 553.73, Florida
  240  Statutes, is amended, paragraph (d) is added to subsection (4)
  241  of that section, subsections (7) and (8) and paragraphs (a) and
  242  (b) of subsection (9) of that section are amended, and
  243  subsection (20) is added to that section, to read:
  244         553.73 Florida Building Code.—
  245         (3) The commission shall use the International Codes
  246  published by the International Code Council, the National
  247  Electric Code (NFPA 70), or other nationally adopted model codes
  248  and standards for updates to needed to develop the base code in
  249  Florida to form the foundation for the Florida Building Code.
  250  The Florida Building commission may approve technical amendments
  251  to the code as provided in, subject to subsections (8) and (9),
  252  after the amendments have been subject to all of the following
  253  conditions:
  254         (a) The proposed amendment must have has been published on
  255  the commission’s website for a minimum of 45 days and all the
  256  associated documentation must have has been made available to
  257  any interested party before any consideration by a technical
  258  advisory committee.;
  259         (b) In order for a technical advisory committee to make a
  260  favorable recommendation to the commission, the proposal must
  261  receive a two-thirds three-fourths vote of the members present
  262  at the technical advisory committee meeting. and At least half
  263  of the regular members must be present in order to conduct a
  264  meeting.;
  265         (c) After the technical advisory committee has considered
  266  and recommended consideration and a recommendation for approval
  267  of any proposed amendment, the proposal must be published on the
  268  commission’s website for at least 45 days before any
  269  consideration by the commission.; and
  270         (d) A proposal may be modified by the commission based on
  271  public testimony and evidence from a public hearing held in
  272  accordance with chapter 120.
  274  The commission shall incorporate within sections of the Florida
  275  Building Code provisions that which address regional and local
  276  concerns and variations. The commission shall make every effort
  277  to minimize conflicts between the Florida Building Code, the
  278  Florida Fire Prevention Code, and the Life Safety Code.
  279         (4)
  280         (d) A technical amendment to the Florida Building Code
  281  related to water conservation practices or design criteria
  282  adopted by a local government pursuant to this subsection is not
  283  rendered void when the code is updated if the technical
  284  amendment is necessary to protect or provide for more efficient
  285  use of water resources as provided in s. 373.621. However, any
  286  such technical amendment carried forward into the next edition
  287  of the code pursuant to this paragraph is subject to review or
  288  modification as provided in this part.
  289         (7)(a) The commission, by rule adopted pursuant to ss.
  290  120.536(1) and 120.54, shall adopt an updated update the Florida
  291  Building Code every 3 years through review of. When updating the
  292  Florida Building Code, the commission shall select the most
  293  current updates version of the International Building Code, the
  294  International Fuel Gas Code, the International Mechanical Code,
  295  the International Plumbing Code, and the International
  296  Residential Code, all of which are copyrighted and published by
  297  adopted by the International Code Council, and the National
  298  Electrical Code, which is copyrighted and published adopted by
  299  the National Fire Protection Association. At a minimum, the
  300  commission shall adopt any updates to such codes or any other
  301  code necessary to maintain eligibility for federal funding from
  302  the National Flood Insurance Program, the Federal Emergency
  303  Management Agency, and the United States Department of Housing
  304  and Urban Development, to form the foundation codes of the
  305  updated Florida Building Code, if the version has been adopted
  306  by the applicable model code entity. The commission shall also
  307  review and adopt updates based substantially on select the most
  308  current version of the International Energy Conservation Code
  309  (IECC) as a foundation code; however, the IECC shall be modified
  310  by the commission shall to maintain the efficiencies of the
  311  Florida Energy Efficiency Code for Building Construction adopted
  312  and amended pursuant to s. 553.901. The commission shall adopt
  313  updated codes by rule.
  314         (b) Codes regarding noise contour lines shall be reviewed
  315  annually, and the most current federal guidelines shall be
  316  adopted.
  317         (c) The commission may adopt as a technical amendment to
  318  the Florida Building Code modify any portion of the foundation
  319  codes identified in paragraph (a), but only as needed to
  320  accommodate the specific needs of this state. Standards or
  321  criteria adopted from these referenced by the codes shall be
  322  incorporated by reference to the specific provisions adopted. If
  323  a referenced standard or criterion requires amplification or
  324  modification to be appropriate for use in this state, only the
  325  amplification or modification shall be set forth in the Florida
  326  Building Code. The commission may approve technical amendments
  327  to the updated Florida Building Code after the amendments have
  328  been subject to the conditions set forth in paragraphs (3)(a)
  329  (d). Amendments that to the foundation codes which are adopted
  330  in accordance with this subsection shall be clearly marked in
  331  printed versions of the Florida Building Code so that the fact
  332  that the provisions are Florida-specific amendments to the
  333  foundation codes is readily apparent.
  334         (d) The commission shall further consider the commission’s
  335  own interpretations, declaratory statements, appellate
  336  decisions, and approved statewide and local technical amendments
  337  and shall incorporate such interpretations, statements,
  338  decisions, and amendments into the updated Florida Building Code
  339  only to the extent that they are needed to modify the foundation
  340  codes to accommodate the specific needs of the state. A change
  341  made by an institute or standards organization to any standard
  342  or criterion that is adopted by reference in the Florida
  343  Building Code does not become effective statewide until it has
  344  been adopted by the commission. Furthermore, the edition of the
  345  Florida Building Code which is in effect on the date of
  346  application for any permit authorized by the code governs the
  347  permitted work for the life of the permit and any extension
  348  granted to the permit.
  349         (e) A rule updating the Florida Building Code in accordance
  350  with this subsection shall take effect no sooner than 6 months
  351  after publication of the updated code. Any amendment to the
  352  Florida Building Code which is adopted upon a finding by the
  353  commission that the amendment is necessary to protect the public
  354  from immediate threat of harm takes effect immediately.
  355         (f) Provisions of the Florida Building Code foundation
  356  codes, including those contained in referenced standards and
  357  criteria, relating to wind resistance or the prevention of water
  358  intrusion may not be modified to diminish those construction
  359  requirements; however, the commission may, subject to conditions
  360  in this subsection, modify the provisions to enhance those
  361  construction requirements.
  362         (g) Amendments or modifications to the foundation code
  363  pursuant to this subsection shall remain effective only until
  364  the effective date of a new edition of the Florida Building Code
  365  every third year. Amendments or modifications related to state
  366  agency regulations which are adopted and integrated into an
  367  edition of the Florida Building Code shall be carried forward
  368  into the next edition of the code, subject to modification as
  369  provided in this part. Amendments or modifications related to
  370  the wind-resistance design of buildings and structures within
  371  the high-velocity hurricane zone of Miami-Dade and Broward
  372  Counties which are adopted to an edition of the Florida Building
  373  Code do not expire and shall be carried forward into the next
  374  edition of the code, subject to review or modification as
  375  provided in this part. If amendments that expire pursuant to
  376  this paragraph are resubmitted through the Florida Building
  377  commission code adoption process, the amendments must
  378  specifically address whether:
  379         1. The provisions contained in the proposed amendment are
  380  addressed in the applicable international code.
  381         2. The amendment demonstrates by evidence or data that the
  382  geographical jurisdiction of Florida exhibits a need to
  383  strengthen the foundation code beyond the needs or regional
  384  variations addressed by the foundation code, and why the
  385  proposed amendment applies to this state.
  386         3. The proposed amendment was submitted or attempted to be
  387  included in the foundation codes to avoid resubmission to the
  388  Florida Building Code amendment process.
  390  If the proposed amendment has been addressed in the
  391  international code in a substantially equivalent manner, the
  392  Florida Building commission may not include the proposed
  393  amendment in the foundation Code.
  394         (8) Notwithstanding the provisions of subsection (3) or
  395  subsection (7), the commission may address issues identified in
  396  this subsection by amending the code pursuant only to the rule
  397  adoption procedures contained in chapter 120. Provisions of The
  398  Florida Building Code, including provisions those contained in
  399  referenced standards and criteria which relate, relating to wind
  400  resistance or the prevention of water intrusion, may not be
  401  amended pursuant to this subsection to diminish those standards
  402  construction requirements; however, the commission may, subject
  403  to conditions in this subsection, amend the Florida Building
  404  Code the provisions to enhance such standards those construction
  405  requirements. Following the approval of any amendments to the
  406  Florida Building Code by the commission and publication of the
  407  amendments on the commission’s website, authorities having
  408  jurisdiction to enforce the Florida Building Code may enforce
  409  the amendments. The commission may approve amendments that are
  410  needed to address:
  411         (a) Conflicts within the updated code;
  412         (b) Conflicts between the updated code and the Florida Fire
  413  Prevention Code adopted pursuant to chapter 633;
  414         (c) Unintended results from the integration of previously
  415  adopted Florida-specific amendments with the model code;
  416         (d) Equivalency of standards;
  417         (e) Changes to or inconsistencies with federal or state
  418  law; or
  419         (f) Adoption of an updated edition of the National
  420  Electrical Code if the commission finds that delay of
  421  implementing the updated edition causes undue hardship to
  422  stakeholders or otherwise threatens the public health, safety,
  423  and welfare.
  424         (9)(a) The commission may approve technical amendments to
  425  the Florida Building Code once each year for statewide or
  426  regional application upon a finding that the amendment:
  427         1. Is needed in order to accommodate the specific needs of
  428  this state.
  429         2. Has a reasonable and substantial connection with the
  430  health, safety, and welfare of the general public.
  431         3. Strengthens or improves the Florida Building Code, or in
  432  the case of innovation or new technology, will provide
  433  equivalent or better products or methods or systems of
  434  construction.
  435         4. Does not discriminate against materials, products,
  436  methods, or systems of construction of demonstrated
  437  capabilities.
  438         5. Does not degrade the effectiveness of the Florida
  439  Building Code.
  441  The Florida Building Commission may approve technical amendments
  442  to the code once each year to incorporate into the Florida
  443  Building Code its own interpretations of the code which are
  444  embodied in its opinions, final orders, declaratory statements,
  445  and interpretations of hearing officer panels under s.
  446  553.775(3)(c), but only to the extent that the incorporation of
  447  interpretations is needed to modify the code foundation codes to
  448  accommodate the specific needs of this state. Amendments
  449  approved under this paragraph shall be adopted by rule after the
  450  amendments have been subjected to subsection (3).
  451         (b) A proposed amendment must include a fiscal impact
  452  statement that documents the costs and benefits of the proposed
  453  amendment. Criteria for the fiscal impact statement shall be
  454  established by rule by the commission and shall include the
  455  impact to local government relative to enforcement, the impact
  456  to property and building owners, and the impact to industry,
  457  relative to the cost of compliance. The amendment must
  458  demonstrate by evidence or data that the state’s geographical
  459  jurisdiction exhibits a need to strengthen the foundation code
  460  beyond the needs or regional variations addressed by the
  461  foundation code and why the proposed amendment applies to this
  462  state.
  463         (20) The Florida Building Commission may not:
  464         (a) Adopt the 2016 version of the American Society of
  465  Heating, Refrigerating and Air-Conditioning Engineers Standard
  467         (b) Adopt any provision that requires a door located in the
  468  opening between a garage and a residence to be equipped with a
  469  self-closing device.
  470         Section 7. Subsection (2) of section 553.76, Florida
  471  Statutes, is amended to read:
  472         553.76 General powers of the commission.—The commission is
  473  authorized to:
  474         (2) Issue memoranda of procedure for its internal
  475  management and control. The commission may adopt rules related
  476  to its consensus-based decisionmaking process, including, but
  477  not limited to, super majority voting requirements for
  478  commission actions relating to the adoption of the Florida
  479  Building Code or amendments to the code. However, the commission
  480  must adopt the Florida Building Code, and amendments thereto, by
  481  at least a two-thirds vote of the members present at a meeting.
  482         Section 8. Subsection (20) is added to section 553.79,
  483  Florida Statutes, to read:
  484         553.79 Permits; applications; issuance; inspections.—
  485         (20)A political subdivision of this state may not adopt or
  486  enforce any ordinance or impose any building permit or other
  487  development order requirement that:
  488         (a)1.Contains any building, construction, or aesthetic
  489  requirement or condition that conflicts with or impairs
  490  corporate trademarks, service marks, trade dress, logos, color
  491  patterns, design scheme insignia, image standards, or other
  492  features of corporate branding identity on real property or
  493  improvements thereon used in activities conducted under chapter
  494  526 or in carrying out business activities defined as a
  495  franchise by Federal Trade Commission regulations in 16 C.F.R.
  496  ss. 436.1, et. seq.; or
  497         2.Imposes any requirement on the design, construction, or
  498  location of signage advertising the retail price of gasoline in
  499  accordance with the requirements of ss. 526.111 and 526.121
  500  which prevents the signage from being clearly visible and
  501  legible to drivers of approaching motor vehicles in any lane of
  502  traffic in either direction on a roadway abutting the gas
  503  station premises and which meets height, width, and spacing
  504  standards for Series C, D, or E signs, as applicable, published
  505  in the latest edition of Standard Alphabets for Highway Signs
  506  and Pavement Markings published by the Federal Highway
  507  Administration, Office of Traffic Operations.
  508         (b)This subsection does not affect any requirement for
  509  design and construction in the Florida Building Code.
  510         (c)All such ordinances and requirements are hereby
  511  preempted and superseded by general law. This subsection shall
  512  apply retroactively.
  513         Section 9. Subsection (2) of section 553.791, Florida
  514  Statutes, is amended to read:
  515         553.791 Alternative plans review and inspection.—
  516         (2)(a) Notwithstanding any other law or local government
  517  ordinance or local policy, the fee owner of a building or
  518  structure, or the fee owner’s contractor upon written
  519  authorization from the fee owner, may choose to use a private
  520  provider to provide building code inspection services with
  521  regard to such building or structure and may make payment
  522  directly to the private provider for the provision of such
  523  services. All such services shall be the subject of a written
  524  contract between the private provider, or the private provider’s
  525  firm, and the fee owner or the fee owner’s contractor, upon
  526  written authorization of the fee owner. The fee owner may elect
  527  to use a private provider to provide plans review or required
  528  building inspections, or both. However, if the fee owner or the
  529  fee owner’s contractor uses a private provider to provide plans
  530  review, the local building official, in his or her discretion
  531  and pursuant to duly adopted policies of the local enforcement
  532  agency, may require the fee owner or the fee owner’s contractor
  533  to use a private provider to also provide required building
  534  inspections.
  535         (b)It is the intent of the Legislature that owners and
  536  contractors not be required to pay extra costs related to
  537  building permitting requirements when hiring a private provider
  538  for plans reviews and building inspections. A local jurisdiction
  539  must calculate the cost savings to the local enforcement agency,
  540  based on a fee owner or contractor hiring a private provider to
  541  perform plans reviews and building inspections in lieu of the
  542  local building official, and reduce the permit fees accordingly.
  543         Section 10. Paragraph (d) of subsection (7) of section
  544  553.80, Florida Statutes, is amended to read:
  545         553.80 Enforcement.—
  546         (7) The governing bodies of local governments may provide a
  547  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
  548  166.222 and this section, for enforcing this part. These fees,
  549  and any fines or investment earnings related to the fees, shall
  550  be used solely for carrying out the local government’s
  551  responsibilities in enforcing the Florida Building Code. When
  552  providing a schedule of reasonable fees, the total estimated
  553  annual revenue derived from fees, and the fines and investment
  554  earnings related to the fees, may not exceed the total estimated
  555  annual costs of allowable activities. Any unexpended balances
  556  shall be carried forward to future years for allowable
  557  activities or shall be refunded at the discretion of the local
  558  government. The basis for a fee structure for allowable
  559  activities shall relate to the level of service provided by the
  560  local government and shall include consideration for refunding
  561  fees due to reduced services based on services provided as
  562  prescribed by s. 553.791, but not provided by the local
  563  government. Fees charged shall be consistently applied.
  564         (d) The local enforcement agency, independent district, or
  565  special district may not require at any time, including at the
  566  time of application for a permit, the payment of any additional
  567  fees, charges, or expenses associated with:
  568         1. Providing proof of licensure pursuant to chapter 489;
  569         2. Recording or filing a license issued pursuant to this
  570  chapter; or
  571         3. Providing, recording, or filing evidence of workers’
  572  compensation insurance coverage as required by chapter 440.
  573         Section 11. Section 553.9081, Florida Statutes, is created
  574  to read:
  575         553.9081Florida Building Code; required amendments.—The
  576  Florida Building Commission shall amend the Florida Building
  577  Code-Energy Conservation to:
  578         (1)(a)Eliminate duplicative commissioning reporting
  579  requirements for HVAC and electrical systems; and
  580         (b)Authorize commissioning reports to be provided by a
  581  licensed design professional, electrical engineer, or mechanical
  582  engineer.
  583         (2)Prohibit the adoption of American Society of Heating,
  584  Refrigerating and Air-Conditioning Engineers Standard
  586         Section 12. Subsection (8) of section 633.208, Florida
  587  Statutes, is amended to read:
  588         633.208 Minimum firesafety standards.—
  589         (8)(a) The provisions of the Life Safety Code, as contained
  590  in the Florida Fire Prevention Code, do not apply to one-family
  591  and two-family dwellings. However, fire sprinkler protection may
  592  be permitted by local government in lieu of other fire
  593  protection-related development requirements for such structures.
  594  While local governments may adopt fire sprinkler requirements
  595  for one-family one- and two-family dwellings under this
  596  subsection, it is the intent of the Legislature that the
  597  economic consequences of the fire sprinkler mandate on home
  598  owners be studied before the enactment of such a requirement.
  599  After the effective date of this act, any local government that
  600  desires to adopt a fire sprinkler requirement on one-family one-
  601  or two-family dwellings must prepare an economic cost and
  602  benefit report that analyzes the application of fire sprinklers
  603  to one-family one- or two-family dwellings or any proposed
  604  residential subdivision. The report must consider the tradeoffs
  605  and specific cost savings and benefits of fire sprinklers for
  606  future owners of property. The report must include an assessment
  607  of the cost savings from any reduced or eliminated impact fees
  608  if applicable, the reduction in special fire district tax,
  609  insurance fees, and other taxes or fees imposed, and the waiver
  610  of certain infrastructure requirements including the reduction
  611  of roadway widths, the reduction of water line sizes, increased
  612  fire hydrant spacing, increased dead-end roadway length, and a
  613  reduction in cul-de-sac sizes relative to the costs from fire
  614  sprinkling. A failure to prepare an economic report shall result
  615  in the invalidation of the fire sprinkler requirement to any
  616  one-family one- or two-family dwelling or any proposed
  617  subdivision. In addition, a local jurisdiction or utility may
  618  not charge any additional fee, above what is charged to a non
  619  fire sprinklered dwelling, on the basis that a one-family one-
  620  or two-family dwelling unit is protected by a fire sprinkler
  621  system.
  622         (b)1.A county, municipality, special taxing district,
  623  public utility, or private utility may not require a separate
  624  water connection for a one-family or two-family dwelling fire
  625  sprinkler system if the hydraulic design has proven the existing
  626  connection is capable of supplying the needed hydraulic demand.
  627         2.A county, municipality, special district, public
  628  utility, or private utility may not charge a water or sewer rate
  629  to a one-family or two-family dwelling that requires a larger
  630  water meter solely due to the installation of fire sprinklers
  631  above that which is charged to a one-family and two-family
  632  dwelling with a base meter. If the installation of fire
  633  sprinklers in a one-family or two-family dwelling requires the
  634  installation of a larger water meter, only the difference in
  635  actual cost between the base water meter and the larger water
  636  meter may be charged by the water utility provider.
  637         Section 13. A local government may not require an owner of
  638  a residence to obtain a permit to paint such residence,
  639  regardless of whether the residence is owned by a limited
  640  liability company.
  641         Section 14. The Department of Education, in conjunction
  642  with the Department of Economic Opportunity, shall develop a
  643  plan to implement the recommendations of the Construction
  644  Industry Workforce Task Force Report dated January 20, 2017. The
  645  Department of Education shall provide the plan to the
  646  Construction Industry Workforce Task Force on or before July 1,
  647  2018.
  648         Section 15. CareerSource Florida, Inc., shall develop and
  649  submit a plan to the Construction Industry Workforce Task Force
  650  on the potential opportunities for training programs to
  651  implement the recommendations of the Construction Industry
  652  Workforce Task Force Report dated January 20, 2017, using
  653  existing federal funds awarded to the corporation and using the
  654  previous statewide Florida ReBuilds program as an implementation
  655  model for such programs. CareerSource Florida, Inc., shall
  656  provide the plan to the Construction Industry Workforce Task
  657  Force on or before July 1, 2018.
  658         Section 16. The Florida Building Commission shall adopt an
  659  amendment to the Florida Building Code-Residential, relating to
  660  door components, to provide that, regarding substitution of door
  661  components, such components must either:
  662         (1)Comply with ANSI/WMA 100; or
  663         (2)Be evaluated by an approved product evaluation entity,
  664  certification agency, testing laboratory, or engineer and may be
  665  interchangeable in exterior door assemblies if the components
  666  provide equal or greater structural performance as demonstrated
  667  by accepted engineering practices.
  668         Section 17. This act shall take effect July 1, 2017.