Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 447, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/AE/3R         .            Floor: C            
             05/03/2019 10:25 AM       .      05/03/2019 03:59 PM       

       Senator Gibson moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 409 - 460
    4  and insert:
    5         Section 6. Effective July 1, 2020, paragraphs (a) and (c)
    6  of subsection (7) of section 553.73, Florida Statutes, are
    7  amended to read:
    8         553.73 Florida Building Code.—
    9         (7)(a) The commission shall adopt an updated Florida
   10  Building Code every 3 years through review of the most current
   11  updates of the International Building Code, the International
   12  Fuel Gas Code, International Existing Building Code, the
   13  International Mechanical Code, the International Plumbing Code,
   14  and the International Residential Code, all of which are
   15  copyrighted and published by the International Code Council, and
   16  the National Electrical Code, which is copyrighted and published
   17  by the National Fire Protection Association. At a minimum, the
   18  commission shall adopt any updates to such codes or any other
   19  code necessary to maintain eligibility for federal funding and
   20  discounts from the National Flood Insurance Program, the Federal
   21  Emergency Management Agency, and the United States Department of
   22  Housing and Urban Development. The commission shall also review
   23  and adopt updates based on the International Energy Conservation
   24  Code (IECC); however, the commission shall maintain the
   25  efficiencies of the Florida Energy Efficiency Code for Building
   26  Construction adopted and amended pursuant to s. 553.901. Every 3
   27  years, the commission may approve updates to the Florida
   28  Building Code without a finding that the updates are needed in
   29  order to accommodate the specific needs of this state. The
   30  commission shall adopt updated codes by rule.
   31         (c) The commission may also adopt as a technical amendment
   32  to the Florida Building Code any portion of the codes identified
   33  in paragraph (a), but only as needed to accommodate the specific
   34  needs of this state. Standards or criteria adopted from these
   35  codes shall be incorporated by reference to the specific
   36  provisions adopted. If a referenced standard or criterion
   37  requires amplification or modification to be appropriate for use
   38  in this state, only the amplification or modification shall be
   39  set forth in the Florida Building Code. The commission may
   40  approve technical amendments to the updated Florida Building
   41  Code after the amendments have been subject to the conditions
   42  set forth in paragraphs (3)(a)-(d). Amendments that are adopted
   43  in accordance with this subsection shall be clearly marked in
   44  printed versions of the Florida Building Code so that the fact
   45  that the provisions are amendments is readily apparent.
   46         Section 7. Subsection (7) of section 553.80, Florida
   47  Statutes, is amended to read:
   48         553.80 Enforcement.—
   49         (7) The governing bodies of local governments may provide a
   50  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
   51  166.222 and this section, for enforcing this part. These fees,
   52  and any fines or investment earnings related to the fees, shall
   53  be used solely for carrying out the local government’s
   54  responsibilities in enforcing the Florida Building Code. When
   55  providing a schedule of reasonable fees, the total estimated
   56  annual revenue derived from fees, and the fines and investment
   57  earnings related to the fees, may not exceed the total estimated
   58  annual costs of allowable activities. Any unexpended balances
   59  shall be carried forward to future years for allowable
   60  activities or shall be refunded at the discretion of the local
   61  government. A local government may not carry forward an amount
   62  exceeding the average of its operating budget for enforcing the
   63  Florida Building Code for the previous 4 fiscal years. For
   64  purposes of this subsection, the term “operating budget” does
   65  not include reserve amounts. Any amount exceeding this limit
   66  must be used as authorized in subparagraph (a)2. However, a
   67  local government which established, as of January 1, 2019, a
   68  Building Inspections Fund Advisory Board consisting of five
   69  members from the construction stakeholder community and carries
   70  an unexpended balance in excess of the average of its operating
   71  budget for the previous 4 fiscal years may continue to carry
   72  such excess funds forward upon the recommendation of the
   73  advisory board. The basis for a fee structure for allowable
   74  activities shall relate to the level of service provided by the
   75  local government and shall include consideration for refunding
   76  fees due to reduced services based on services provided as
   77  prescribed by s. 553.791, but not provided by the local
   78  government. Fees charged shall be consistently applied.
   79         (a)1. As used in this subsection, the phrase “enforcing the
   80  Florida Building Code” includes the direct costs and reasonable
   81  indirect costs associated with review of building plans,
   82  building inspections, reinspections, and building permit
   83  processing; building code enforcement; and fire inspections
   84  associated with new construction. The phrase may also include
   85  training costs associated with the enforcement of the Florida
   86  Building Code and enforcement action pertaining to unlicensed
   87  contractor activity to the extent not funded by other user fees.
   88         2.A local government must use any excess funds that it is
   89  prohibited from carrying forward to rebate and reduce fees.
   90         (b) The following activities may not be funded with fees
   91  adopted for enforcing the Florida Building Code:
   92         1. Planning and zoning or other general government
   93  activities.
   94         2. Inspections of public buildings for a reduced fee or no
   95  fee.
   96         3. Public information requests, community functions,
   97  boards, and any program not directly related to enforcement of
   98  the Florida Building Code.
   99         4. Enforcement and implementation of any other local
  100  ordinance, excluding validly adopted local amendments to the
  101  Florida Building Code and excluding any local ordinance directly
  102  related to enforcing the Florida Building Code as defined in
  103  paragraph (a).
  104         (c) A local government shall use recognized management,
  105  accounting, and oversight practices to ensure that fees, fines,
  106  and investment earnings generated under this subsection are
  107  maintained and allocated or used solely for the purposes
  108  described in paragraph (a).
  109         (d) The local enforcement agency, independent district, or
  110  special district may not require at any time, including at the
  111  time of application for a permit, the payment of any additional
  112  fees, charges, or expenses associated with:
  113         1. Providing proof of licensure pursuant to chapter 489;
  114         2. Recording or filing a license issued pursuant to this
  115  chapter; or
  116         3. Providing, recording, or filing evidence of workers’
  117  compensation insurance coverage as required by chapter 440; or
  118         4. Charging surcharges or other similar fees not directly
  119  related to enforcing the Florida Building Code.
  120         (e) The governing body of a local government that issues
  121  building permits may charge a person only one search fee, in an
  122  amount commensurate with the research and time costs incurred by
  123  the governing body, for identifying building permits for each
  124  unit or subunit assigned by the governing body to a particular
  125  tax parcel identification number.
  126         Section 8. Paragraph (d) is added to subsection (1) of
  127  section 558.004, Florida Statutes, to read:
  128         558.004 Notice and opportunity to repair.—
  129         (1)
  130         (d) A notice of claim served pursuant to this chapter shall
  131  not toll any statute of repose period under chapter 95.
  132         Section 9. Section 440.103, Florida Statutes, is amended to
  133  read:
  134         440.103 Building permits; identification of minimum premium
  135  policy.—Every employer shall, as a condition to applying for and
  136  receiving a building permit, show proof and certify to the
  137  permit issuer that it has secured compensation for its employees
  138  under this chapter as provided in ss. 440.10 and 440.38. Such
  139  proof of compensation must be evidenced by a certificate of
  140  coverage issued by the carrier, a valid exemption certificate
  141  approved by the department, or a copy of the employer’s
  142  authority to self-insure and shall be presented, electronically
  143  or physically, each time the employer applies for a building
  144  permit. As provided in s. 553.79(20) s. 553.79(19), for the
  145  purpose of inspection and record retention, site plans or
  146  building permits may be maintained at the worksite in the
  147  original form or in the form of an electronic copy. These plans
  148  and permits must be open to inspection by the building official
  149  or a duly authorized representative, as required by the Florida
  150  Building Code. As provided in s. 627.413(5), each certificate of
  151  coverage must show, on its face, whether or not coverage is
  152  secured under the minimum premium provisions of rules adopted by
  153  rating organizations licensed pursuant to s. 627.221. The words
  154  “minimum premium policy” or equivalent language shall be typed,
  155  printed, stamped, or legibly handwritten.
  156         Section 10. Except as otherwise expressly provided in this
  157  act, this act shall take effect July 1, 2019.
  159  ================= T I T L E  A M E N D M E N T ================
  160  And the title is amended as follows:
  161         Delete lines 2 - 33
  162  and insert:
  163         An act relating to construction; amending s. 125.56,
  164         F.S.; authorizing counties to provide notice to
  165         certain persons under certain circumstances;
  166         authorizing counties that issue building permits to
  167         charge a person a single search fee for a certain
  168         amount under certain circumstances; amending s.
  169         166.222, F.S.; authorizing the governing bodies of
  170         municipalities to charge a person a single search fee
  171         for a certain amount under certain circumstances;
  172         amending ss. 489.103 and 489.503, F.S.; providing
  173         exemptions to certain contracting requirements;
  174         revising forms for disclosure statements; amending s.
  175         553.79, F.S.; authorizing a local government to
  176         provide notice to certain persons under certain
  177         circumstances within a specified timeframe;
  178         authorizing a property owner to close a permit under
  179         certain circumstances; providing that a contractor is
  180         not liable for work performed in certain
  181         circumstances; defining the term “close”; authorizing
  182         a local enforcement agency to close a permit under
  183         certain circumstances; prohibiting a local enforcement
  184         agency from taking certain actions relating to
  185         building permits that were applied for but not closed
  186         by a previous owner; providing that local enforcement
  187         agencies retain all rights and remedies against the
  188         property owner and contractor listed on such a permit;
  189         amending s. 553.73, F.S.; authorizing the Florida
  190         Building Commission to approve updates to the Florida
  191         Building Code without certain findings under certain
  192         circumstances; amending s. 553.80, F.S.; prohibiting a
  193         local government from carrying forward more than a
  194         specified amount of unexpended revenue; defining the
  195         term “operating budget”; providing an exception;
  196         revising requirements for the expenditure of certain
  197         unexpended revenue; prohibiting certain entities from
  198         requiring any additional fees, charges, or expenses
  199         associated with certain surcharges and fees;
  200         authorizing the governing body of a local government
  201         to charge a person a single search fee for a certain
  202         amount under certain circumstances; amending s.
  203         558.004, F.S.; specifying that certain notices of
  204         claim do not toll any statute of repose periods under
  205         ch. 95, F.S.; amending s. 440.103, F.S.; conforming a
  206         cross-reference; providing effective dates.