Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 447, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 1/RE/2R         .                                
             05/02/2019 10:51 AM       .                                

       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         5.Charging surcharges or other similar fees not directly
  105  related to enforcing the Florida Building Code.
  106         (c) A local government shall use recognized management,
  107  accounting, and oversight practices to ensure that fees, fines,
  108  and investment earnings generated under this subsection are
  109  maintained and allocated or used solely for the purposes
  110  described in paragraph (a).
  111         (d) The local enforcement agency, independent district, or
  112  special district may not require at any time, including at the
  113  time of application for a permit, the payment of any additional
  114  fees, charges, or expenses associated with:
  115         1. Providing proof of licensure pursuant to chapter 489;
  116         2. Recording or filing a license issued pursuant to this
  117  chapter; or
  118         3. Providing, recording, or filing evidence of workers’
  119  compensation insurance coverage as required by chapter 440.
  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 (a) of subsection (8) of section
  127  553.842, Florida Statutes, is amended to read:
  128         553.842 Product evaluation and approval.—
  129         (8) The commission may adopt rules to approve the following
  130  types of entities that produce information on which product
  131  approvals are based. All of the following entities, including
  132  engineers and architects, must comply with a nationally
  133  recognized standard demonstrating independence or no conflict of
  134  interest:
  135         (a) Evaluation entities approved pursuant to this
  136  paragraph. The commission shall specifically approve the
  137  National Evaluation Service, the International Association of
  138  Plumbing and Mechanical Officials Evaluation Service, the
  139  International Code Council Evaluation Services, Underwriters
  140  Laboratories, LLC, Intertek Testing Services NA, Inc., PFS TECO,
  141  and the Miami-Dade County Building Code Compliance Office
  142  Product Control Division. Architects and engineers licensed in
  143  this state are also approved to conduct product evaluations as
  144  provided in subsection (5).
  145         Section 9. Paragraph (d) is added to subsection (1) of
  146  section 558.004, Florida Statutes, to read:
  147         558.004 Notice and opportunity to repair.—
  148         (1)
  149         (d) A notice of claim brought pursuant to this chapter is
  150  not an action for purposes of chapter 95.
  151         Section 10. Section 440.103, Florida Statutes, is amended
  152  to read:
  153         440.103 Building permits; identification of minimum premium
  154  policy.—Every employer shall, as a condition to applying for and
  155  receiving a building permit, show proof and certify to the
  156  permit issuer that it has secured compensation for its employees
  157  under this chapter as provided in ss. 440.10 and 440.38. Such
  158  proof of compensation must be evidenced by a certificate of
  159  coverage issued by the carrier, a valid exemption certificate
  160  approved by the department, or a copy of the employer’s
  161  authority to self-insure and shall be presented, electronically
  162  or physically, each time the employer applies for a building
  163  permit. As provided in s. 553.79(20) s. 553.79(19), for the
  164  purpose of inspection and record retention, site plans or
  165  building permits may be maintained at the worksite in the
  166  original form or in the form of an electronic copy. These plans
  167  and permits must be open to inspection by the building official
  168  or a duly authorized representative, as required by the Florida
  169  Building Code. As provided in s. 627.413(5), each certificate of
  170  coverage must show, on its face, whether or not coverage is
  171  secured under the minimum premium provisions of rules adopted by
  172  rating organizations licensed pursuant to s. 627.221. The words
  173  “minimum premium policy” or equivalent language shall be typed,
  174  printed, stamped, or legibly handwritten.
  175         Section 11. Except as otherwise expressly provided in this
  176  act, this act shall take effect July 1, 2019.
  178  ================= T I T L E  A M E N D M E N T ================
  179  And the title is amended as follows:
  180         Delete lines 2 - 33
  181  and insert:
  182         An act relating to construction; amending s. 125.56,
  183         F.S.; authorizing counties to provide notice to
  184         certain persons under certain circumstances;
  185         authorizing counties that issue building permits to
  186         charge a person a single search fee for a certain
  187         amount under certain circumstances; amending s.
  188         166.222, F.S.; authorizing the governing bodies of
  189         municipalities to charge a person a single search fee
  190         for a certain amount under certain circumstances;
  191         amending ss. 489.103 and 489.503, F.S.; providing
  192         exemptions to certain contracting requirements;
  193         revising forms for disclosure statements; amending s.
  194         553.79, F.S.; authorizing a local government to
  195         provide notice to certain persons under certain
  196         circumstances within a specified timeframe;
  197         authorizing a property owner to close a permit under
  198         certain circumstances; providing that a contractor is
  199         not liable for work performed in certain
  200         circumstances; defining the term “close”; authorizing
  201         a local enforcement agency to close a permit under
  202         certain circumstances; prohibiting a local enforcement
  203         agency from taking certain actions relating to
  204         building permits that were applied for but not closed
  205         by a previous owner; providing that local enforcement
  206         agencies retain all rights and remedies against the
  207         property owner and contractor listed on such a permit;
  208         amending s. 553.73, F.S.; authorizing the Florida
  209         Building Commission to approve updates to the Florida
  210         Building Code without certain findings under certain
  211         circumstances; amending s. 553.80, F.S.; prohibiting a
  212         local government from carrying forward more than a
  213         specified amount of unexpended revenue; defining the
  214         term “operating budget”; providing an exception;
  215         revising requirements for the expenditure of certain
  216         unexpended revenue; expanding the list of activities
  217         that are prohibited from being funded by fees adopted
  218         for enforcing the Florida Building Code; authorizing
  219         the governing body of a local government to charge a
  220         person a single search fee for a certain amount under
  221         certain circumstances; amending s. 553.842, F.S.;
  222         expanding the list of entities the commission is
  223         required to specifically approve; amending s. 558.004;
  224         specifying that certain notices of claim are not an
  225         action for purposes of ch. 95, F.S.; amending s.
  226         440.103, F.S.; conforming a cross-reference; providing
  227         effective dates.