Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 401
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AE/2R         .                                
             04/22/2021 08:00 PM       .                                

       Senator Brodeur moved the following:
    1         Senate Amendment (with directory and title amendments)
    3         Delete lines 251 - 456
    4  and insert:
    5         (5) Notwithstanding subsection (4), counties and
    6  municipalities may adopt by ordinance an administrative or
    7  technical amendment to the Florida Building Code relating to
    8  flood resistance in order to implement the National Flood
    9  Insurance Program or incentives. Specifically, an administrative
   10  amendment may assign the duty to enforce all or portions of
   11  flood-related code provisions to the appropriate agencies of the
   12  local government and adopt procedures for variances and
   13  exceptions from flood-related code provisions other than
   14  provisions for structures seaward of the coastal construction
   15  control line consistent with the requirements in 44 C.F.R. s.
   16  60.6. A technical amendment is authorized to the extent it is
   17  more stringent than the code. A technical amendment is not
   18  subject to the requirements of subsection (4) and may not be
   19  rendered void when the code is updated if the amendment is
   20  adopted for the purpose of participating in the Community Rating
   21  System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
   22  had already been adopted by local ordinance prior to July 1,
   23  2010, or the amendment requires a design flood elevation above
   24  the base flood elevation. Any amendment adopted under pursuant
   25  to this subsection shall be transmitted to the commission within
   26  30 days after being adopted. A municipality, county, or special
   27  district may not use preliminary maps issued by the Federal
   28  Emergency Management Agency for any law, ordinance, rule, or
   29  other measure that has the effect of imposing land use changes
   30  or permits.
   31         (8) Notwithstanding subsection (3) or subsection (7), the
   32  commission may address issues identified in this subsection by
   33  amending the code under pursuant to the rule adoption procedures
   34  in chapter 120. Updates to the Florida Building Code, including
   35  provisions contained in referenced standards and criteria which
   36  relate to wind resistance or the prevention of water intrusion,
   37  may not be amended under pursuant to this subsection to diminish
   38  those standards; however, the commission may amend the Florida
   39  Building Code to enhance such standards. Following the approval
   40  of any amendments to the Florida Building Code by the commission
   41  and publication of the amendments on the commission’s website,
   42  authorities having jurisdiction to enforce the Florida Building
   43  Code may enforce the amendments.
   44         (a) The commission may approve amendments that are needed
   45  to address:
   46         1.(a) Conflicts within the updated code;
   47         2.(b) Conflicts between the updated code and the Florida
   48  Fire Prevention Code adopted under pursuant to chapter 633;
   49         3.(c) Unintended results from the integration of previously
   50  adopted amendments with the model code;
   51         4.(d) Equivalency of standards;
   52         5.(e) Changes to or inconsistencies with federal or state
   53  law; or
   54         6.(f) Adoption of an updated edition of the National
   55  Electrical Code if the commission finds that delay of
   56  implementing the updated edition causes undue hardship to
   57  stakeholders or otherwise threatens the public health, safety,
   58  and welfare.
   59         (b)The commission may issue errata to the code pursuant to
   60  the rule adoption procedures in chapter 120 to list demonstrated
   61  errors in provisions contained within the Florida Building Code.
   62  The determination of such errors and the issuance of errata to
   63  the code must be approved by a 75 percent supermajority vote of
   64  the commission. For purposes of this paragraph, “errata to the
   65  code” means a list of errors on current and previous editions of
   66  the Florida Building Code.
   67         Section 2. Present subsections (3) through (8) of section
   68  514.0115, Florida Statutes, are redesignated as subsections (4)
   69  through (9), respectively, and a new subsection (3) is added to
   70  that section, to read:
   71         514.0115 Exemptions from supervision or regulation;
   72  variances.—
   73         (3)The department may not require compliance with rules
   74  relating to swimming pool lifeguard standards for pools serving
   75  assisted living facilities.
   76         Section 3. Subsection (7) of section 553.77, Florida
   77  Statutes, is amended to read:
   78         553.77 Specific powers of the commission.—
   79         (7) Building officials shall recognize and enforce variance
   80  orders issued by the Department of Health under s. 514.0115(9)
   81  pursuant to s. 514.0115(8), including any conditions attached to
   82  the granting of the variance.
   83         Section 4. Paragraph (d) is added to subsection (1) of
   84  section 553.79, Florida Statutes, to read:
   85         553.79 Permits; applications; issuance; inspections.—
   86         (1)
   87         (d)A local government may not require a contract between a
   88  builder and an owner for the issuance of a building permit or as
   89  a requirement for the submission of a building permit
   90  application.
   91         Section 5. Present subsections (10) through (19) of section
   92  553.791, Florida Statutes, are redesignated as subsections (11)
   93  through (20), respectively, a new subsection (10) and subsection
   94  (21) are added to that section, and subsection (1), paragraph
   95  (b) of subsection (2), subsections (3), (4), and (6), paragraphs
   96  (b) and (d) of subsection (7), subsections (8) and (9), and
   97  present subsections (10), (11), (12), (14), and (15) are
   98  amended, to read:
   99         553.791 Alternative plans review and inspection.—
  100         (1) As used in this section, the term:
  101         (a) “Applicable codes” means the Florida Building Code and
  102  any local technical amendments to the Florida Building Code but
  103  does not include the applicable minimum fire prevention and
  104  firesafety codes adopted pursuant to chapter 633.
  105         (b) “Audit” means the process to confirm that the building
  106  code inspection services have been performed by the private
  107  provider, including ensuring that the required affidavit for the
  108  plan review has been properly completed and submitted with
  109  affixed to the permit documents and that the minimum mandatory
  110  inspections required under the building code have been performed
  111  and properly recorded. The local building official may not
  112  replicate the plan review or inspection being performed by the
  113  private provider, unless expressly authorized by this section.
  114         (c) “Building” means any construction, erection,
  115  alteration, demolition, or improvement of, or addition to, any
  116  structure or site work for which permitting by a local
  117  enforcement agency is required.
  118         (d) “Building code inspection services” means those
  119  services described in s. 468.603(5) and (8) involving the review
  120  of building plans as well as those services involving the review
  121  of site plans and site work engineering plans or their
  122  functional equivalent, to determine compliance with applicable
  123  codes and those inspections required by law, conducted either in
  124  person or virtually, of each phase of construction for which
  125  permitting by a local enforcement agency is required to
  126  determine compliance with applicable codes.
  127         (e) “Deliver” or “delivery” means any method of delivery
  128  used in conventional business or commercial practice, including
  129  delivery by electronic transmissions.
  130         (f) “Duly authorized representative” means an agent of the
  131  private provider identified in the permit application who
  132  reviews plans or performs inspections as provided by this
  133  section and who is licensed as an engineer under chapter 471 or
  134  as an architect under chapter 481 or who holds a standard
  135  certificate under part XII of chapter 468.
  136         (g)Electronically posted” means providing notices of
  137  decisions, results, or records, including inspection records,
  138  through the use of a website or other form of electronic
  139  communication used to transmit or display information.
  140         (h)“Electronic signature” means any letters, characters,
  141  or symbols manifested by electronic or similar means which are
  142  executed or adopted by a party with an intent to authenticate a
  143  writing or record.
  144         (i)“Electronic transmission” or “submitted electronically
  145  means any form or process of communication not directly
  146  involving the physical transfer of paper or another tangible
  147  medium which is suitable for the retention, retrieval, and
  148  reproduction of information by the recipient and is retrievable
  149  in paper form by the receipt through an automated process. All
  150  notices provided for in this section may be transmitted
  151  electronically and shall have the same legal effect as if
  152  physically posted or mailed.
  153         (j)(f) “Immediate threat to public safety and welfare”
  154  means a building code violation that, if allowed to persist,
  155  constitutes an immediate hazard that could result in death,
  156  serious bodily injury, or significant property damage. This
  157  paragraph does not limit the authority of the local building
  158  official to issue a Notice of Corrective Action at any time
  159  during the construction of a building project or any portion of
  160  such project if the official determines that a condition of the
  161  building or portion thereof may constitute a hazard when the
  162  building is put into use following completion as long as the
  163  condition cited is shown to be in violation of the building code
  164  or approved plans.
  165         (k)(g) “Local building official” means the individual
  166  within the governing jurisdiction responsible for direct
  167  regulatory administration or supervision of plans review,
  168  enforcement, and inspection of any construction, erection,
  169  alteration, demolition, or substantial improvement of, or
  170  addition to, any structure for which permitting is required to
  171  indicate compliance with applicable codes and includes any duly
  172  authorized designee of such person.
  173         (l)(h) “Permit application” means a properly completed and
  174  submitted application for the requested building or construction
  175  permit, including:
  176         1. The plans reviewed by the private provider.
  177         2. The affidavit from the private provider required under
  178  subsection (6).
  179         3. Any applicable fees.
  180         4. Any documents required by the local building official to
  181  determine that the fee owner has secured all other government
  182  approvals required by law.
  183         (m)(i) “Plans” means building plans, site engineering
  184  plans, or site plans, or their functional equivalent, submitted
  185  by a fee owner or fee owner’s contractor to a private provider
  186  or duly authorized representative for review.
  187         (n)(j) “Private provider” means a person licensed as a
  188  building code administrator under part XII of chapter 468, as an
  189  engineer under chapter 471, or as an architect under chapter
  190  481. For purposes of performing inspections under this section
  191  for additions and alterations that are limited to 1,000 square
  192  feet or less to residential buildings, the term “private
  193  provider” also includes a person who holds a standard
  194  certificate under part XII of chapter 468.
  195         (o)(k) “Request for certificate of occupancy or certificate
  196  of completion” means a properly completed and executed
  197  application for:
  198         1. A certificate of occupancy or certificate of completion.
  199         2. A certificate of compliance from the private provider
  200  required under subsection (12) (11).
  201         3. Any applicable fees.
  202         4. Any documents required by the local building official to
  203  determine that the fee owner has secured all other government
  204  approvals required by law.
  205         (p)“Single-trade inspection” means any inspection focused
  206  on a single construction trade, such as plumbing, mechanical, or
  207  electrical. The term includes, but is not limited to,
  208  inspections of door or window replacements; fences and block
  209  walls more than 6 feet high from the top of the wall to the
  210  bottom of the footing; stucco or plastering; reroofing with no
  211  structural alteration; HVAC replacements; ductwork or fan
  212  replacements; alteration or installation of wiring, lighting,
  213  and service panels; water heater changeouts; sink replacements;
  214  and repiping.
  215         (q)(l) “Site work” means the portion of a construction
  216  project that is not part of the building structure, including,
  217  but not limited to, grading, excavation, landscape irrigation,
  218  and installation of driveways.
  219         (r)(m) “Stop-work order” means the issuance of any written
  220  statement, written directive, or written order which states the
  221  reason for the order and the conditions under which the cited
  222  work will be permitted to resume.
  223         (2)
  224         (b) If an owner or contractor retains a private provider
  225  for purposes of plans review or building inspection services,
  226  the local jurisdiction must reduce the permit fee by the amount
  227  of cost savings realized by the local enforcement agency for not
  228  having to perform such services. Such reduction may be
  229  calculated on a flat fee or percentage basis, or any other
  230  reasonable means by which a local enforcement agency assesses
  231  the cost for its plans review or inspection services It is the
  232  intent of the Legislature that owners and contractors pay
  233  reduced fees related to building permitting requirements when
  234  hiring a private provider for plans review and building
  235  inspections. A local jurisdiction must calculate the cost
  236  savings to the local enforcement agency, based on a fee owner or
  237  contractor hiring a private provider to perform plans reviews
  238  and building inspections in lieu of the local building official,
  239  and reduce the permit fees accordingly. The local jurisdiction
  240  may not charge fees for building inspections if the fee owner or
  241  contractor hires a private provider to perform such services;
  242  however, the local jurisdiction may charge a reasonable
  243  administrative fee.
  244         (3) A private provider and any duly authorized
  245  representative may only perform building code inspection
  246  services that are within the disciplines covered by that
  247  person’s licensure or certification under chapter 468, chapter
  248  471, or chapter 481, including single-trade inspections. A
  249  private provider may not provide building code inspection
  250  services pursuant to this section upon any building designed or
  251  constructed by the private provider or the private provider’s
  252  firm.
  253         (4) A fee owner or the fee owner’s contractor using a
  254  private provider to provide building code inspection services
  255  shall notify the local building official in writing at the time
  256  of permit application, or by 2 p.m. local time, 2 business days
  257  before the first scheduled inspection by the local building
  258  official or building code enforcement agency that for a private
  259  provider has been contracted to perform the performing required
  260  inspections of construction under this section, including
  261  single-trade inspections, on a form to be adopted by the
  262  commission. This notice shall include the following information:
  263         (a) The services to be performed by the private provider.
  264         (b) The name, firm, address, telephone number, and e-mail
  265  address facsimile number of each private provider who is
  266  performing or will perform such services, his or her
  267  professional license or certification number, qualification
  268  statements or resumes, and, if required by the local building
  269  official, a certificate of insurance demonstrating that
  270  professional liability insurance coverage is in place for the
  271  private provider’s firm, the private provider, and any duly
  272  authorized representative in the amounts required by this
  273  section.
  275  However, the notice is not required to include such information
  276  for private providers who are qualified private providers within
  277  the local jurisdiction and have renewed such designation
  278  pursuant to this section.
  279         (c) An acknowledgment from the fee owner in substantially
  280  the following form:
  282         I have elected to use one or more private providers to
  283         provide building code plans review and/or inspection
  284         services on the building or structure that is the
  285         subject of the enclosed permit application, as
  286         authorized by s. 553.791, Florida Statutes. I
  287         understand that the local building official may not
  288         review the plans submitted or perform the required
  289         building inspections to determine compliance with the
  290         applicable codes, except to the extent specified in
  291         said law. Instead, plans review and/or required
  292         building inspections will be performed by licensed or
  293         certified personnel identified in the application. The
  294         law requires minimum insurance requirements for such
  295         personnel, but I understand that I may require more
  296         insurance to protect my interests. By executing this
  297         form, I acknowledge that I have made inquiry regarding
  298         the competence of the licensed or certified personnel
  299         and the level of their insurance and am satisfied that
  300         my interests are adequately protected. I agree to
  301         indemnify, defend, and hold harmless the local
  302         government, the local building official, and their
  303         building code enforcement personnel from any and all
  304         claims arising from my use of these licensed or
  305         certified personnel to perform building code
  306         inspection services with respect to the building or
  307         structure that is the subject of the enclosed permit
  308         application.
  310  If the fee owner or the fee owner’s contractor makes any changes
  311  to the listed private providers or the services to be provided
  312  by those private providers, the fee owner or the fee owner’s
  313  contractor shall, within 1 business day after any change or
  314  within 2 business days before the next scheduled inspection,
  315  update the notice to reflect such changes. A change of a duly
  316  authorized representative named in the permit application does
  317  not require a revision of the permit, and the building code
  318  enforcement agency shall not charge a fee for making the change.
  319  In addition, the fee owner or the fee owner’s contractor shall
  320  post at the project site, before the commencement of
  321  construction and updated within 1 business day after any change,
  322  on a form to be adopted by the commission, the name, firm,
  323  address, telephone number, and facsimile number of each private
  324  provider who is performing or will perform building code
  325  inspection services, the type of service being performed, and
  326  similar information for the primary contact of the private
  327  provider on the project.
  328         (6) A private provider performing plans review under this
  329  section shall review the plans to determine compliance with the
  330  applicable codes. Upon determining that the plans reviewed
  331  comply with the applicable codes, the private provider shall
  332  prepare an affidavit or affidavits on a form reasonably
  333  acceptable to the commission certifying, under oath, that the
  334  following is true and correct to the best of the private
  335  provider’s knowledge and belief:
  336         (a) The plans were reviewed by the affiant, who is duly
  337  authorized to perform plans review pursuant to this section and
  338  holds the appropriate license or certificate.
  339         (b) The plans comply with the applicable codes.
  341  Such affidavit may bear a written or electronic signature and
  342  may be submitted electronically to the local building official.
  343         (7)
  344         (b) If the local building official provides a written
  345  notice of plan deficiencies to the permit applicant within the
  346  prescribed 20-day period, the 20-day period shall be tolled
  347  pending resolution of the matter. To resolve the plan
  348  deficiencies, the permit applicant may elect to dispute the
  349  deficiencies pursuant to subsection (14) (13) or to submit
  350  revisions to correct the deficiencies.
  351         (d) If the local building official provides a second
  352  written notice of plan deficiencies to the permit applicant
  353  within the prescribed time period, the permit applicant may
  354  elect to dispute the deficiencies pursuant to subsection (14)
  355  (13) or to submit additional revisions to correct the
  356  deficiencies. For all revisions submitted after the first
  357  revision, the local building official has an additional 5
  358  business days from the date of resubmittal to issue the
  359  requested permit or to provide a written notice to the permit
  360  applicant stating which of the previously identified plan
  361  features remain in noncompliance with the applicable codes, with
  362  specific reference to the relevant code chapters and sections.
  363         (8) A private provider performing required inspections
  364  under this section shall inspect each phase of construction as
  365  required by the applicable codes. Such inspection may be
  366  performed in-person or virtually. The private provider may have
  367  shall be permitted to send a duly authorized representative to
  368  the building site to perform the required inspections, provided
  369  all required reports are prepared by and bear the written or
  370  electronic signature of the private provider or the private
  371  provider’s duly authorized representative. The duly authorized
  372  representative must be an employee of the private provider
  373  entitled to receive reemployment assistance benefits under
  374  chapter 443. The contractor’s contractual or legal obligations
  375  are not relieved by any action of the private provider.
  376         (9) A private provider performing required inspections
  377  under this section shall provide notice to the local building
  378  official of the date and approximate time of any such inspection
  379  no later than the prior business day by 2 p.m. local time or by
  380  any later time permitted by the local building official in that
  381  jurisdiction. The local building official may not prohibit the
  382  private provider from performing any inspection outside the
  383  local building official’s normal operating hours, including
  384  after hours, weekends, or holidays. The local building official
  385  may visit the building site as often as necessary to verify that
  386  the private provider is performing all required inspections. A
  387  deficiency notice must be posted at the job site by the private
  388  provider, the duly authorized representative of the private
  389  provider, or the building department whenever a noncomplying
  390  item related to the building code or the permitted documents is
  391  found. Such notice may be physically posted at the job site or
  392  electronically posted. After corrections are made, the item must
  393  be reinspected by the private provider or representative before
  394  being concealed. Reinspection or reaudit fees shall not be
  395  charged by the local jurisdiction as a result of the local
  396  jurisdiction’s audit inspection occurring before the performance
  397  of the private provider’s inspection or for any other
  398  administrative matter not involving the detection of a violation
  399  of the building code or a permit requirement.
  400         (10) If equipment replacements and repairs must be
  401  performed in an emergency situation, subject to the emergency
  402  permitting provisions of the Florida Building Code, a private
  403  provider may perform emergency inspection services without first
  404  notifying the local building official pursuant to subsection
  405  (9). A private provider must conduct the inspection within 3
  406  business days after being contacted to conduct an emergency
  407  inspection and must submit the inspection report to the local
  408  building official within 1 day after the inspection is
  409  completed.
  410         (11)(10) Upon completing the required inspections at each
  411  applicable phase of construction, the private provider shall
  412  record such inspections on a form acceptable to the local
  413  building official. The form must bear the written or electronic
  414  signature of be signed by the provider or the provider’s duly
  415  authorized representative. These inspection records shall
  416  reflect those inspections required by the applicable codes of
  417  each phase of construction for which permitting by a local
  418  enforcement agency is required. The private provider, upon
  419  completion of the required inspection before leaving the project
  420  site, shall post each completed inspection record, indicating
  421  pass or fail, at the site and provide the record to the local
  422  building official within 2 business days. Such inspection record
  423  may be electronically posted by the private provider or the
  424  private provider may post such inspection record physically at
  425  the project site. The private provider may electronically
  426  transmit the record to the local building official. The local
  427  building official may waive the requirement to provide a record
  428  of each inspection within 2 business days if the record is
  429  electronically posted or posted at the project site and all such
  430  inspection records are submitted with the certificate of
  431  compliance. Unless the records have been electronically posted,
  432  records of all required and completed inspections shall be
  433  maintained at the building site at all times and made available
  434  for review by the local building official. The private provider
  435  shall report to the local enforcement agency any condition that
  436  poses an immediate threat to public safety and welfare.
  437         (12)(11) Upon completion of all required inspections, the
  438  private provider shall prepare a certificate of compliance, on a
  439  form acceptable to the local building official, summarizing the
  440  inspections performed and including a written representation,
  441  under oath, that the stated inspections have been performed and
  442  that, to the best of the private provider’s knowledge and
  443  belief, the building construction inspected complies with the
  444  approved plans and applicable codes. The statement required of
  445  the private provider shall be substantially in the following
  446  form and shall be signed and sealed by a private provider as
  447  established in subsection (1) or may be electronically
  448  transmitted to the local building official:
  450         To the best of my knowledge and belief, the building
  451         components and site improvements outlined herein and
  452         inspected under my authority have been completed in
  453         conformance with the approved plans and the applicable
  454         codes.
  456         (13)(12) No more than 2 business days after receipt of a
  457  request for a certificate of occupancy or certificate of
  458  completion and the applicant’s presentation of a certificate of
  459  compliance and approval of all other government approvals
  460  required by law, the local building official shall issue the
  461  certificate of occupancy or certificate of completion or provide
  462  a notice to the applicant identifying the specific deficiencies,
  463  as well as the specific code chapters and sections. If the local
  464  building official does not provide notice of the deficiencies
  465  within the prescribed 2-day period, the request for a
  466  certificate of occupancy or certificate of completion shall be
  467  deemed granted and the certificate of occupancy or certificate
  468  of completion shall be issued by the local building official on
  469  the next business day. To resolve any identified deficiencies,
  470  the applicant may elect to dispute the deficiencies pursuant to
  471  subsection (14) (13) or to submit a corrected request for a
  472  certificate of occupancy or certificate of completion.
  473         (15)(14) For the purposes of this section, any notice to be
  474  provided by the local building official shall be deemed to be
  475  provided to the person or entity when successfully transmitted
  476  to the e-mail address facsimile number listed for that person or
  477  entity in the permit application or revised permit application,
  478  or, if no e-mail address facsimile number is stated, when
  479  actually received by that person or entity.
  480         (16)(a)(15)(a) A local enforcement agency, local building
  481  official, or local government may not adopt or enforce any laws,
  482  rules, procedures, policies, qualifications, or standards more
  483  stringent than those prescribed by this section.
  484         (b) A local enforcement agency, local building official, or
  485  local government may establish, for private providers and duly
  486  authorized representatives working within that jurisdiction, a
  487  system of registration to verify compliance with the licensure
  488  requirements of paragraph (1)(n) (1)(j) and the insurance
  489  requirements of subsection (17) (16).
  490         (c) This section does not limit the authority of the local
  491  building official to issue a stop-work order for a building
  492  project or any portion of the project, as provided by law, if
  493  the official determines that a condition on the building site
  494  constitutes an immediate threat to public safety and welfare.
  495         (21)Notwithstanding any other law, a county, a
  496  municipality, a school district, or an independent special
  497  district may use a private provider to provide building code
  498  inspection services for a public works project, an improvement,
  499  a building, or any other structure that is owned by the county,
  500  municipality, school district, or independent special district.
  501         Section 6. Paragraph (a) of subsection (7) of section
  502  553.80, Florida Statutes, is amended to read:
  503         553.80 Enforcement.—
  504         (7)(a) The governing bodies of local governments may
  505  provide a schedule of reasonable fees, as authorized by s.
  506  125.56(2) or s. 166.222 and this section, for enforcing this
  507  part. These fees, and any fines or investment earnings related
  508  to the fees, shall be used solely for carrying out the local
  509  government’s responsibilities in enforcing the Florida Building
  510  Code. When providing a schedule of reasonable fees, the total
  511  estimated annual revenue derived from fees, and the fines and
  512  investment earnings related to the fees, may not exceed the
  513  total estimated annual costs of allowable activities. Any
  514  unexpended balances shall be carried forward to future years for
  515  allowable activities or shall be refunded at the discretion of
  516  the local government. A local government may not carry forward
  517  an amount exceeding the average of its operating budget for
  518  enforcing the Florida Building Code for the previous 4 fiscal
  519  years. For purposes of this subsection, the term “operating
  520  budget” does not include reserve amounts. Any amount exceeding
  521  this limit must be used as authorized in subparagraph 2.
  522  However, a local government which established, as of January 1,
  523  2019, a Building Inspections Fund Advisory Board consisting of
  524  five members from the construction stakeholder community and
  525  carries an unexpended balance in excess of the average of its
  526  operating budget for the previous 4 fiscal years may continue to
  527  carry such excess funds forward upon the recommendation of the
  528  advisory board. The basis for a fee structure for allowable
  529  activities shall relate to the level of service provided by the
  530  local government and shall include consideration for refunding
  531  fees due to reduced services based on services provided as
  532  prescribed by s. 553.791, but not provided by the local
  533  government. Fees charged shall be consistently applied.
  534         1. As used in this subsection, the phrase “enforcing the
  535  Florida Building Code” includes the direct costs and reasonable
  536  indirect costs associated with review of building plans,
  537  building inspections, reinspections, and building permit
  538  processing; building code enforcement; and fire inspections
  539  associated with new construction. The phrase may also include
  540  training costs associated with the enforcement of the Florida
  541  Building Code and enforcement action pertaining to unlicensed
  542  contractor activity to the extent not funded by other user fees.
  543         2. A local government must use any excess funds that it is
  544  prohibited from carrying forward to rebate and reduce fees, or
  545  to pay for the construction of a building or structure that
  546  houses a local government’s building code enforcement agency or
  547  the training programs for building officials, inspectors, or
  548  plans examiners associated with the enforcement of the Florida
  549  Building Code. Excess funds used to construct such a building or
  550  structure must be designated for such purpose by the local
  551  government and may not be carried forward for more than 4
  552  consecutive years.
  553         3. The following activities may not be funded with fees
  554  adopted for enforcing the Florida Building Code:
  555         a. Planning and zoning or other general government
  556  activities.
  557         b. Inspections of public buildings for a reduced fee or no
  558  fee.
  559         c. Public information requests, community functions,
  560  boards, and any program not directly related to enforcement of
  561  the Florida Building Code.
  562         d. Enforcement and implementation of any other local
  563  ordinance, excluding validly adopted local amendments to the
  564  Florida Building Code and excluding any local ordinance directly
  565  related to enforcing the Florida Building Code as defined in
  566  subparagraph 1.
  567         4. A local government shall use recognized management,
  568  accounting, and oversight practices to ensure that fees, fines,
  569  and investment earnings generated under this subsection are
  570  maintained and allocated or used solely for the purposes
  571  described in subparagraph 1.
  572         5. The local enforcement agency, independent district, or
  573  special district may not require at any time, including at the
  574  time of application for a permit, the payment of any additional
  575  fees, charges, or expenses associated with:
  576         a. Providing proof of licensure pursuant to chapter 489;
  577         b. Recording or filing a license issued pursuant to this
  578  chapter;
  579         c. Providing, recording, or filing evidence of workers’
  580  compensation insurance coverage as required by chapter 440; or
  581         d. Charging surcharges or other similar fees not directly
  582  related to enforcing the Florida Building Code.
  583         Section 7. Paragraph (a) of subsection (8) and subsection
  584  (14) of section 553.842, Florida Statutes, are amended to read:
  585         553.842 Product evaluation and approval.—
  586         (8) The commission may adopt rules to approve the following
  587  types of entities that produce information on which product
  588  approvals are based. All of the following entities, including
  589  engineers and architects, must comply with a nationally
  590  recognized standard demonstrating independence or no conflict of
  591  interest:
  592         (a) Evaluation entities approved under pursuant to this
  593  paragraph or that meet the criteria for approval adopted by the
  594  commission by rule. The commission shall specifically approve
  595  the National Evaluation Service, the International Association
  596  of Plumbing and Mechanical Officials Evaluation Service, the
  597  International Code Council Evaluation Services, Underwriters
  598  Laboratories, LLC, Intertek Testing Services NA, Inc., and the
  599  Miami-Dade County Building Code Compliance Office Product
  600  Control Division. Architects and engineers licensed in this
  601  state are also approved to conduct product evaluations as
  602  provided in subsection (5).
  603         (14) The commission shall by rule establish criteria for
  604  revocation of product approvals as well as suspension revocation
  605  of approvals of product evaluation entities, including those
  606  approved in accordance with paragraph (8)(a), and suspension or
  607  revocation of approvals of testing laboratories, quality
  608  assurance entities, certification agencies, and validation
  609  entities. Suspension and revocation is governed by s. 120.60 and
  610  the uniform rules of procedure.
  611         Section 8. Paragraph (bb) of subsection (1) of section
  612  125.01, Florida Statutes, is amended to read:
  613         125.01 Powers and duties.—
  614         (1) The legislative and governing body of a county shall
  615  have the power to carry on county government. To the extent not
  616  inconsistent with general or special law, this power includes,
  617  but is not restricted to, the power to:
  618         (bb) Enforce the Florida Building Code, as provided in s.
  619  553.80, and adopt and enforce local technical amendments to the
  620  Florida Building Code as provided in s. 553.73(4), pursuant to
  621  s. 553.73(4)(b) and (c).
  622         Section 9. Subsection (1) of section 125.56, Florida
  623  Statutes, is amended to read:
  624         125.56 Enforcement and amendment of the Florida Building
  625  Code and the Florida Fire Prevention Code; inspection fees;
  626  inspectors; etc.—
  627         (1) The board of county commissioners of each of the
  628  several counties of the state may enforce the Florida Building
  629  Code and the Florida Fire Prevention Code, as provided in ss.
  630  553.80, 633.206, and 633.208, and, at its discretion, adopt
  631  local technical amendments to the Florida Building Code as
  632  provided in s. 553.73(4), pursuant to s. 553.73(4)(b) and (c)
  633  and local technical amendments to the Florida Fire Prevention
  634  Code as provided in, pursuant to s. 633.202, to provide for the
  635  safe construction, erection, alteration, repair, securing, and
  636  demolition of any building within its territory outside the
  637  corporate limits of any municipality. Upon a determination to
  638  consider amending the Florida Building Code or the Florida Fire
  639  Prevention Code by a majority of the members of the board of
  640  county commissioners of such county, the board shall call a
  641  public hearing and comply with the public notice requirements of
  642  s. 125.66(2). The board shall hear all interested parties at the
  643  public hearing and may then amend the building code or the fire
  644  code consistent with the terms and purposes of this act. Upon
  645  adoption, an amendment to the code shall be in full force and
  646  effect throughout the unincorporated area of such county until
  647  otherwise notified by the Florida Building Commission under
  648  pursuant to s. 553.73 or the State Fire Marshal under pursuant
  649  to s. 633.202. This subsection does not Nothing herein contained
  650  shall be construed to prevent the board of county commissioners
  651  from repealing such amendment to the building code or the fire
  652  code at any regular meeting of such board.
  653         Section 10. Effective December 1, 2021, subsection (8) is
  654  added to section 381.0065, Florida Statutes, to read:
  655         381.0065 Onsite sewage treatment and disposal systems;
  656  regulation.—
  658         (a)Notwithstanding any other law, ordinance, or policy,
  659  the fee owner of an onsite sewage treatment and disposal system,
  660  or the fee owner’s contractor upon written authorization from
  661  the fee owner, may select a private provider to provide
  662  inspection services for onsite sewage treatment and disposal
  663  systems and may pay the private provider directly for such
  664  services if such services are the subject of a written contract
  665  between the private provider, or the private provider’s firm,
  666  and the fee owner or the fee owner’s contractor, upon written
  667  authorization of the fee owner.
  668         (b)The department may not charge inspection fees for any
  669  inspection performed by a private provider hired by the fee
  670  owner or fee owner’s contractor.
  671         (c)In addition to authorized and certified inspectors,
  672  onsite sewage treatment and disposal system inspection services
  673  may be performed by a private provider or a duly authorized
  674  representative of a private provider within the disciplines
  675  covered under such person’s licensure or if the person is
  676  certified under s. 381.0101, is a master septic contractor
  677  licensed under chapter 489, is a professional engineer who has
  678  passed all three parts of the OSTDS Accelerated Certification
  679  Training, or is a person working as staff under the supervision
  680  of a master septic tank contractor or a licensed professional
  681  engineer and has passed all three parts of the OSTDS Accelerated
  682  Certification Training.
  683         (d)1.A fee owner or the fee owner’s contractor using a
  684  private provider for onsite sewage treatment and disposal system
  685  inspection services must provide notice to the department at the
  686  time of permit application, or by 2 p.m. local time, 2 business
  687  days before the first scheduled inspection by the department.
  688  The notice must include the following information:
  689         a.The name, firm, address, telephone number, and e-mail
  690  address of each private provider who is performing or will
  691  perform such services, the private provider’s professional
  692  license or certification number, and qualification statements or
  693  resumes for each private provider; and
  694         b.An acknowledgment from the fee owner in substantially
  695  the following form:
  697         I have elected to use one or more private providers to
  698         provide onsite sewage treatment and disposal system
  699         inspection services that are the subject of the
  700         enclosed permit application. I understand that the
  701         department may not perform the required onsite sewage
  702         treatment and disposal system inspections to determine
  703         compliance with the applicable codes, except to the
  704         extent authorized by law. Instead, inspections will be
  705         performed by the licensed or certified personnel
  706         identified in the application. By executing this form,
  707         I acknowledge that I have made inquiry regarding the
  708         competence of the licensed or certified personnel and
  709         am satisfied that my interests are adequately
  710         protected. I agree to indemnify, defend, and hold
  711         harmless the department from any and all claims
  712         arising from my use of these licensed or certified
  713         personnel to perform onsite sewage treatment and
  714         disposal system inspections with respect to the onsite
  715         sewage treatment and disposal system that are the
  716         subject of the enclosed permit application.
  717         Additionally, I understand that in the event that the
  718         onsite sewage treatment and disposal system does not
  719         comply with the applicable rules and laws, I will be
  720         responsible for remediating the system in accordance
  721         with existing law.
  723         2.If the fee owner or the fee owner’s contractor makes any
  724  changes to the listed private providers or the services to be
  725  provided by the private providers, the fee owner or the fee
  726  owner’s contractor must update the notice in writing to reflect
  727  the change within 1 business day after the change. A change of a
  728  duly authorized representative named in the permit application
  729  does not require a revision of the permit, and the department
  730  may not charge a fee for making such change.
  731         (e)The department may audit the performance of onsite
  732  sewage treatment and disposal system inspection services by
  733  private providers. However, the same private provider may not be
  734  audited more than four times in a month unless the department
  735  determines that an onsite sewage treatment and disposal system
  736  inspected by the private provider should not have passed
  737  inspection. Work on a building, a structure, or an onsite sewage
  738  treatment and disposal system may proceed after inspection and
  739  approval by a private provider if the fee owner or fee owner’s
  740  contractor has given notice of the inspection pursuant to
  741  subsection (4) and, subsequent to such inspection and approval,
  742  may not be delayed for completion of an inspection audit by the
  743  department unless the department immediately notifies the fee
  744  owner or fee owner’s contractor that the department is
  745  proceeding with enforcement activity against the private
  746  provider.
  747         Section 11. The Department of Environmental Protection
  748  shall initiate rulemaking to implement the amendments made by
  749  this act to s. 381.0065, Florida Statutes, by August 1, 2021.
  750         Section 12. Except as otherwise expressly provided in this
  751  act, this act shall take effect July 1, 2021.
  753  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  754  And the directory clause is amended as follows:
  755         Delete line 32
  756  and insert:
  757         Section 1. Subsections (4), (5), and (8) of section 553.73,
  759  ================= T I T L E  A M E N D M E N T ================
  760  And the title is amended as follows:
  761         Delete lines 11 - 28
  762  and insert:
  763         timeframe; prohibiting the use of preliminary maps
  764         issued by the Federal Emergency Management Agency
  765         under certain circumstances; authorizing the
  766         commission to issue errata to the code; providing a
  767         definition for the term “errata to the code”; making
  768         technical changes; amending s. 514.0115, F.S.;
  769         prohibiting the Department of Health from requiring
  770         that pools serving assisted living facilities be
  771         compliant with rules relating to swimming pool
  772         lifeguards; amending s. 553.77, F.S.; conforming a
  773         cross-reference; amending s. 553.79, F.S.; prohibiting
  774         a local government from requiring certain contracts
  775         for the issuance of a building permit; amending s.
  776         553.791, F.S.; revising and defining terms; providing
  777         requirements for qualified private providers;
  778         requiring local jurisdictions to reduce permit fees
  779         under certain circumstances; deleting legislative
  780         intent; specifying that contractors using private
  781         providers to provide building code inspections
  782         services must notify local building officials in
  783         writing; revising notice requirements; deleting a
  784         provision requiring fee owners or fee owners’
  785         contractors to post certain information at a project
  786         site before commencing construction; authorizing
  787         certain affidavits to be signed with electronic
  788         signatures and be submitted to local building
  789         officials electronically; authorizing certain
  790         inspections to be performed in-person or virtually;
  791         authorizing certain reports to be signed with
  792         electronic signatures; authorizing certain notices to
  793         be electronically posted; authorizing private
  794         providers to perform certain replacements and repairs
  795         without first notifying local building officials under
  796         certain circumstances; authorizing certain forms to be
  797         signed with electronic signatures; authorizing certain
  798         inspection records to be electronically posted and
  799         electronically submitted to local building officials;
  800         authorizing certificates of compliance to be
  801         electronically transmitted to local building
  802         officials; authorizing certain local entities to use a
  803         private provider for code inspection services under
  804         certain circumstances; conforming provisions to
  805         changes made by the act; amending s. 553.80, F.S.;
  806         revising how certain excess funds may be used by a
  807         local government; amending s. 553.842, F.S.; requiring
  808         evaluation entities that meet certain criteria to
  809         comply with certain standards; authorizing the
  810         commission to suspend or revoke certain approvals
  811         under certain circumstances; amending ss. 125.01 and
  812         125.56, F.S.; conforming cross-references to changes
  813         made by the act; making technical changes; amending s.
  814         381.0065, F.S.; authorizing fee owners or fee owners’
  815         contractors to select private providers to provide
  816         inspection services for onsite sewage treatment and
  817         disposal systems if certain requirements are met;
  818         prohibiting the department from charging inspection
  819         fees for inspections performed by private providers;
  820         providing requirements for private providers or duly
  821         authorized representatives of private providers
  822         performing such inspections; requiring fee owners or
  823         contractors to provide specified notice to the
  824         department when using a private provider for such
  825         inspections; providing requirements for the contents
  826         of such notice; prohibiting the department from
  827         charging a fee for changing the duly authorized
  828         representative named in a permit application;
  829         authorizing the department to audit the performance of
  830         private providers; providing requirements relating to
  831         work on a building, a structure, or an onsite sewage
  832         treatment and disposal system relating to such audits;
  833         requiring the Department of Environmental Protection
  834         to initiate rulemaking by a specified date; providing
  835         effective dates.