Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. CS for CS for SB 616 Ì495484JÎ495484 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/23/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Perry) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 3 Delete lines 147 - 338 4 and insert: 5 (6) The board may require a personal appearance by any 6 applicant for licensure under this chapter. Any applicant of 7 whom a personal appearance is required must be given adequate 8 notice of the time and place of the appearance and provided with 9 a statement of the purpose of and reasons requiring the 10 appearance. If an applicant is required to appear, the time 11 period within which a licensure application must be granted or 12 denied is tolled until such time as the applicant appears. 13 However, if the applicant fails to appear before the board at 14 either of the next two regularly scheduled board meetings, the 15 application for licensure may be denied. 16 Section 5. Section 471.019, Florida Statutes, is amended to 17 read: 18 471.019 Reactivation.—The board shall prescribe by rule a 19 reinstatement process for void licenses which includes 20 establishing appropriate continuing education requirements for 21 reactivating a license. The continuing education requirements 22 for reactivating a license for a licensed engineer may not 23 exceed the continuing education requirements prescribed pursuant 24 to s. 471.01712 classroom hoursfor each year the license was 25 inactive. 26 Section 6. Subsection (4) is added to section 471.025, 27 Florida Statutes, to read: 28 471.025 Seals.— 29 (4) A successor engineer seeking to reuse documents 30 previously sealed by another engineer must be able to 31 independently re-create all of the work done by the original 32 engineer. A successor engineer assumes full professional and 33 legal responsibility by signing and affixing his or her seal to 34 the assumed documents. Such documents must be treated as though 35 they were the successor engineer’s original product, and the 36 original engineer is released from any professional 37 responsibility or civil liability for prior work assumed by the 38 successor engineer. For the purposes of this subsection, the 39 term “successor engineer” means an engineer who is using or 40 relying upon the work, findings, or recommendations of the 41 engineer who previously sealed the pertinent documents. 42 Section 7. Paragraph (a) of subsection (5) of section 43 553.79, Florida Statutes, is amended to read: 44 553.79 Permits; applications; issuance; inspections.— 45 (5)(a) During new construction or during repair or 46 restoration projects in which the structural system or 47 structural loading of a threshold building is being modified, 48 the enforcing agency shall require a special inspector to 49 perform structural inspections on theathreshold building 50 pursuant to a structural inspection plan prepared by the 51 engineer or architect of record. The structural inspection plan 52 must be submitted to and approved by the enforcing agency before 53 the issuance of a building permit for the construction, repair, 54 or restoration of a threshold building. The purpose of the 55 structural inspection plan is to provide specific inspection 56 procedures and schedules so that the building can be adequately 57 inspected for compliance with the permitted documents. The 58 special inspector may not serve as a surrogate in carrying out 59 the responsibilities of the building official, the architect, or 60 the engineer of record. The contractor’s contractual or 61 statutory obligations are not relieved by any action of the 62 special inspector. The special inspector shall determine that a 63 professional engineer who specializes in shoring design has 64 inspected the shoring and reshoring for conformance with the 65 shoring and reshoring plans submitted to the enforcing agency. A 66 fee simple title owner of a building, which does not meet the 67 minimum size, height, occupancy, occupancy classification, or 68 number-of-stories criteria which would result in classification 69 as a threshold building under s. 553.71(12), may designate such 70 building as a threshold building, subject to more than the 71 minimum number of inspections required by the Florida Building 72 Code. 73 Section 8. Subsections (4) and (5), paragraphs (a), (b), 74 and (c) of subsection (7), and subsection (9) of section 75 553.791, Florida Statutes, are amended to read: 76 553.791 Alternative plans review and inspection.— 77 (4) A fee owner or the fee owner’s contractor using a private 78 provider to provide building code inspection services shall 79 notify the local building official at the time of permit 80 application, or by 2 p.m. local time, 2noless than 7business 81 days prior to the first scheduled inspection by the local 82 building official or building code enforcement agency for a 83 private provider performing required inspections of construction 84 under this section, on a form to be adopted by the commission. 85 This notice shall include the following information: 86 (a) The services to be performed by the private provider. 87 (b) The name, firm, address, telephone number, and 88 facsimile number of each private provider who is performing or 89 will perform such services, his or her professional license or 90 certification number, qualification statements or resumes, and, 91 if required by the local building official, a certificate of 92 insurance demonstrating that professional liability insurance 93 coverage is in place for the private provider’s firm, the 94 private provider, and any duly authorized representative in the 95 amounts required by this section. 96 (c) An acknowledgment from the fee owner in substantially 97 the following form: 98 99 I have elected to use one or more private providers to 100 provide building code plans review and/or inspection 101 services on the building or structure that is the 102 subject of the enclosed permit application, as 103 authorized by s. 553.791, Florida Statutes. I 104 understand that the local building official may not 105 review the plans submitted or perform the required 106 building inspections to determine compliance with the 107 applicable codes, except to the extent specified in 108 said law. Instead, plans review and/or required 109 building inspections will be performed by licensed or 110 certified personnel identified in the application. The 111 law requires minimum insurance requirements for such 112 personnel, but I understand that I may require more 113 insurance to protect my interests. By executing this 114 form, I acknowledge that I have made inquiry regarding 115 the competence of the licensed or certified personnel 116 and the level of their insurance and am satisfied that 117 my interests are adequately protected. I agree to 118 indemnify, defend, and hold harmless the local 119 government, the local building official, and their 120 building code enforcement personnel from any and all 121 claims arising from my use of these licensed or 122 certified personnel to perform building code 123 inspection services with respect to the building or 124 structure that is the subject of the enclosed permit 125 application. 126 127 If the fee owner or the fee owner’s contractor makes any changes 128 to the listed private providers or the services to be provided 129 by those private providers, the fee owner or the fee owner’s 130 contractor shall, within 1 business day after any change, update 131 the notice to reflect such changes. A change of a duly 132 authorized representative named in the permit application does 133 not require a revision of the permit, and the building code 134 enforcement agency shall not charge a fee for making the change. 135 In addition, the fee owner or the fee owner’s contractor shall 136 post at the project site, prior to the commencement of 137 construction and updated within 1 business day after any change, 138 on a form to be adopted by the commission, the name, firm, 139 address, telephone number, and facsimile number of each private 140 provider who is performing or will perform building code 141 inspection services, the type of service being performed, and 142 similar information for the primary contact of the private 143 provider on the project. 144 (5) After construction has commenced and if the local 145 building official is unable to provide inspection services in a 146 timely manner, the fee owner or the fee owner’s contractor may 147 elect to use a private provider to provide inspection services 148 by notifying the local building official of the owner’s or 149 contractor’s intention to do so by 2 p.m. local time, 2no less150than 7business days prior to the next scheduled inspection 151 using the notice provided for in paragraphs (4)(a)-(c). 152 (7)(a) No more than 2030business days after receipt of a 153 permit application and the affidavit from the private provider 154 required pursuant to subsection (6), the local building official 155 shall issue the requested permit or provide a written notice to 156 the permit applicant identifying the specific plan features that 157 do not comply with the applicable codes, as well as the specific 158 code chapters and sections. If the local building official does 159 not provide a written notice of the plan deficiencies within the 160 prescribed 20-day30-dayperiod, the permit application shall be 161 deemed approved as a matter of law, and the permit shall be 162 issued by the local building official on the next business day. 163 (b) If the local building official provides a written 164 notice of plan deficiencies to the permit applicant within the 165 prescribed 20-day30-dayperiod, the 20-day30-dayperiod shall 166 be tolled pending resolution of the matter. To resolve the plan 167 deficiencies, the permit applicant may elect to dispute the 168 deficiencies pursuant to subsection (13) or to submit revisions 169 to correct the deficiencies. 170 (c) If the permit applicant submits revisions, the local 171 building official has the remainder of the tolled 20-day30-day172 173 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 174 And the directory clause is amended as follows: 175 Delete line 116 176 and insert: 177 Section 4. Subsections (2), (3), and (6) of section 178 179 ================= T I T L E A M E N D M E N T ================ 180 And the title is amended as follows: 181 Delete lines 26 - 29 182 and insert: 183 license; amending s. 471.025, F.S.; requiring