Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 401
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AE/3R         .           Floor: CA            
             04/26/2021 01:14 PM       .      04/29/2021 07:31 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. Paragraph (d) is added to subsection (1) of
   68  section 553.79, Florida Statutes, to read:
   69         553.79 Permits; applications; issuance; inspections.—
   70         (1)
   71         (d) A local government may not require a contract between a
   72  builder and an owner for the issuance of a building permit or as
   73  a requirement for the submission of a building permit
   74  application.
   75         Section 3. Present subsections (10) through (19) of section
   76  553.791, Florida Statutes, are redesignated as subsections (11)
   77  through (20), respectively, a new subsection (10) and subsection
   78  (21) are added to that section, and subsection (1), paragraph
   79  (b) of subsection (2), subsections (3), (4), and (6), paragraphs
   80  (b) and (d) of subsection (7), subsections (8) and (9), and
   81  present subsections (10), (11), (12), (14), and (15) are
   82  amended, to read:
   83         553.791 Alternative plans review and inspection.—
   84         (1) As used in this section, the term:
   85         (a) “Applicable codes” means the Florida Building Code and
   86  any local technical amendments to the Florida Building Code but
   87  does not include the applicable minimum fire prevention and
   88  firesafety codes adopted pursuant to chapter 633.
   89         (b) “Audit” means the process to confirm that the building
   90  code inspection services have been performed by the private
   91  provider, including ensuring that the required affidavit for the
   92  plan review has been properly completed and submitted with
   93  affixed to the permit documents and that the minimum mandatory
   94  inspections required under the building code have been performed
   95  and properly recorded. The local building official may not
   96  replicate the plan review or inspection being performed by the
   97  private provider, unless expressly authorized by this section.
   98         (c) “Building” means any construction, erection,
   99  alteration, demolition, or improvement of, or addition to, any
  100  structure or site work for which permitting by a local
  101  enforcement agency is required.
  102         (d) “Building code inspection services” means those
  103  services described in s. 468.603(5) and (8) involving the review
  104  of building plans as well as those services involving the review
  105  of site plans and site work engineering plans or their
  106  functional equivalent, to determine compliance with applicable
  107  codes and those inspections required by law, conducted either in
  108  person or virtually, of each phase of construction for which
  109  permitting by a local enforcement agency is required to
  110  determine compliance with applicable codes.
  111         (e) “Deliver” or “delivery” means any method of delivery
  112  used in conventional business or commercial practice, including
  113  delivery by electronic transmissions.
  114         (f) “Duly authorized representative” means an agent of the
  115  private provider identified in the permit application who
  116  reviews plans or performs inspections as provided by this
  117  section and who is licensed as an engineer under chapter 471 or
  118  as an architect under chapter 481 or who holds a standard
  119  certificate under part XII of chapter 468.
  120         (g) “Electronically posted” means providing notices of
  121  decisions, results, or records, including inspection records,
  122  through the use of a website or other form of electronic
  123  communication used to transmit or display information.
  124         (h) “Electronic signature” means any letters, characters,
  125  or symbols manifested by electronic or similar means which are
  126  executed or adopted by a party with an intent to authenticate a
  127  writing or record.
  128         (i) “Electronic transmission” or “submitted electronically”
  129  means any form or process of communication not directly
  130  involving the physical transfer of paper or another tangible
  131  medium which is suitable for the retention, retrieval, and
  132  reproduction of information by the recipient and is retrievable
  133  in paper form by the receipt through an automated process. All
  134  notices provided for in this section may be transmitted
  135  electronically and shall have the same legal effect as if
  136  physically posted or mailed.
  137         (j)(f) “Immediate threat to public safety and welfare”
  138  means a building code violation that, if allowed to persist,
  139  constitutes an immediate hazard that could result in death,
  140  serious bodily injury, or significant property damage. This
  141  paragraph does not limit the authority of the local building
  142  official to issue a Notice of Corrective Action at any time
  143  during the construction of a building project or any portion of
  144  such project if the official determines that a condition of the
  145  building or portion thereof may constitute a hazard when the
  146  building is put into use following completion as long as the
  147  condition cited is shown to be in violation of the building code
  148  or approved plans.
  149         (k)(g) “Local building official” means the individual
  150  within the governing jurisdiction responsible for direct
  151  regulatory administration or supervision of plans review,
  152  enforcement, and inspection of any construction, erection,
  153  alteration, demolition, or substantial improvement of, or
  154  addition to, any structure for which permitting is required to
  155  indicate compliance with applicable codes and includes any duly
  156  authorized designee of such person.
  157         (l)(h) “Permit application” means a properly completed and
  158  submitted application for the requested building or construction
  159  permit, including:
  160         1. The plans reviewed by the private provider.
  161         2. The affidavit from the private provider required under
  162  subsection (6).
  163         3. Any applicable fees.
  164         4. Any documents required by the local building official to
  165  determine that the fee owner has secured all other government
  166  approvals required by law.
  167         (m)(i) “Plans” means building plans, site engineering
  168  plans, or site plans, or their functional equivalent, submitted
  169  by a fee owner or fee owner’s contractor to a private provider
  170  or duly authorized representative for review.
  171         (n)(j) “Private provider” means a person licensed as a
  172  building code administrator under part XII of chapter 468, as an
  173  engineer under chapter 471, or as an architect under chapter
  174  481. For purposes of performing inspections under this section
  175  for additions and alterations that are limited to 1,000 square
  176  feet or less to residential buildings, the term “private
  177  provider” also includes a person who holds a standard
  178  certificate under part XII of chapter 468.
  179         (o)(k) “Request for certificate of occupancy or certificate
  180  of completion” means a properly completed and executed
  181  application for:
  182         1. A certificate of occupancy or certificate of completion.
  183         2. A certificate of compliance from the private provider
  184  required under subsection (12) (11).
  185         3. Any applicable fees.
  186         4. Any documents required by the local building official to
  187  determine that the fee owner has secured all other government
  188  approvals required by law.
  189         (p) “Single-trade inspection” means any inspection focused
  190  on a single construction trade, such as plumbing, mechanical, or
  191  electrical. The term includes, but is not limited to,
  192  inspections of door or window replacements; fences and block
  193  walls more than 6 feet high from the top of the wall to the
  194  bottom of the footing; stucco or plastering; reroofing with no
  195  structural alteration; HVAC replacements; ductwork or fan
  196  replacements; alteration or installation of wiring, lighting,
  197  and service panels; water heater changeouts; sink replacements;
  198  and repiping.
  199         (q)(l) “Site work” means the portion of a construction
  200  project that is not part of the building structure, including,
  201  but not limited to, grading, excavation, landscape irrigation,
  202  and installation of driveways.
  203         (r)(m) “Stop-work order” means the issuance of any written
  204  statement, written directive, or written order which states the
  205  reason for the order and the conditions under which the cited
  206  work will be permitted to resume.
  207         (2)
  208         (b) If an owner or contractor retains a private provider
  209  for purposes of plans review or building inspection services,
  210  the local jurisdiction must reduce the permit fee by the amount
  211  of cost savings realized by the local enforcement agency for not
  212  having to perform such services. Such reduction may be
  213  calculated on a flat fee or percentage basis, or any other
  214  reasonable means by which a local enforcement agency assesses
  215  the cost for its plans review or inspection services It is the
  216  intent of the Legislature that owners and contractors pay
  217  reduced fees related to building permitting requirements when
  218  hiring a private provider for plans review and building
  219  inspections. A local jurisdiction must calculate the cost
  220  savings to the local enforcement agency, based on a fee owner or
  221  contractor hiring a private provider to perform plans reviews
  222  and building inspections in lieu of the local building official,
  223  and reduce the permit fees accordingly. The local jurisdiction
  224  may not charge fees for building inspections if the fee owner or
  225  contractor hires a private provider to perform such services;
  226  however, the local jurisdiction may charge a reasonable
  227  administrative fee.
  228         (3) A private provider and any duly authorized
  229  representative may only perform building code inspection
  230  services that are within the disciplines covered by that
  231  person’s licensure or certification under chapter 468, chapter
  232  471, or chapter 481, including single-trade inspections. A
  233  private provider may not provide building code inspection
  234  services pursuant to this section upon any building designed or
  235  constructed by the private provider or the private provider’s
  236  firm.
  237         (4) A fee owner or the fee owner’s contractor using a
  238  private provider to provide building code inspection services
  239  shall notify the local building official in writing at the time
  240  of permit application, or by 2 p.m. local time, 2 business days
  241  before the first scheduled inspection by the local building
  242  official or building code enforcement agency that for a private
  243  provider has been contracted to perform the performing required
  244  inspections of construction under this section, including
  245  single-trade inspections, on a form to be adopted by the
  246  commission. This notice shall include the following information:
  247         (a) The services to be performed by the private provider.
  248         (b) The name, firm, address, telephone number, and e-mail
  249  address facsimile number of each private provider who is
  250  performing or will perform such services, his or her
  251  professional license or certification number, qualification
  252  statements or resumes, and, if required by the local building
  253  official, a certificate of insurance demonstrating that
  254  professional liability insurance coverage is in place for the
  255  private provider’s firm, the private provider, and any duly
  256  authorized representative in the amounts required by this
  257  section.
  258         (c) An acknowledgment from the fee owner in substantially
  259  the following form:
  261         I have elected to use one or more private providers to
  262         provide building code plans review and/or inspection
  263         services on the building or structure that is the
  264         subject of the enclosed permit application, as
  265         authorized by s. 553.791, Florida Statutes. I
  266         understand that the local building official may not
  267         review the plans submitted or perform the required
  268         building inspections to determine compliance with the
  269         applicable codes, except to the extent specified in
  270         said law. Instead, plans review and/or required
  271         building inspections will be performed by licensed or
  272         certified personnel identified in the application. The
  273         law requires minimum insurance requirements for such
  274         personnel, but I understand that I may require more
  275         insurance to protect my interests. By executing this
  276         form, I acknowledge that I have made inquiry regarding
  277         the competence of the licensed or certified personnel
  278         and the level of their insurance and am satisfied that
  279         my interests are adequately protected. I agree to
  280         indemnify, defend, and hold harmless the local
  281         government, the local building official, and their
  282         building code enforcement personnel from any and all
  283         claims arising from my use of these licensed or
  284         certified personnel to perform building code
  285         inspection services with respect to the building or
  286         structure that is the subject of the enclosed permit
  287         application.
  289  If the fee owner or the fee owner’s contractor makes any changes
  290  to the listed private providers or the services to be provided
  291  by those private providers, the fee owner or the fee owner’s
  292  contractor shall, within 1 business day after any change or
  293  within 2 business days before the next scheduled inspection,
  294  update the notice to reflect such changes. A change of a duly
  295  authorized representative named in the permit application does
  296  not require a revision of the permit, and the building code
  297  enforcement agency shall not charge a fee for making the change.
  298  In addition, the fee owner or the fee owner’s contractor shall
  299  post at the project site, before the commencement of
  300  construction and updated within 1 business day after any change,
  301  on a form to be adopted by the commission, the name, firm,
  302  address, telephone number, and facsimile number of each private
  303  provider who is performing or will perform building code
  304  inspection services, the type of service being performed, and
  305  similar information for the primary contact of the private
  306  provider on the project.
  307         (6) A private provider performing plans review under this
  308  section shall review the plans to determine compliance with the
  309  applicable codes. Upon determining that the plans reviewed
  310  comply with the applicable codes, the private provider shall
  311  prepare an affidavit or affidavits on a form reasonably
  312  acceptable to the commission certifying, under oath, that the
  313  following is true and correct to the best of the private
  314  provider’s knowledge and belief:
  315         (a) The plans were reviewed by the affiant, who is duly
  316  authorized to perform plans review pursuant to this section and
  317  holds the appropriate license or certificate.
  318         (b) The plans comply with the applicable codes.
  320  Such affidavit may bear a written or electronic signature and
  321  may be submitted electronically to the local building official.
  322         (7)
  323         (b) If the local building official provides a written
  324  notice of plan deficiencies to the permit applicant within the
  325  prescribed 20-day period, the 20-day period shall be tolled
  326  pending resolution of the matter. To resolve the plan
  327  deficiencies, the permit applicant may elect to dispute the
  328  deficiencies pursuant to subsection (14) (13) or to submit
  329  revisions to correct the deficiencies.
  330         (d) If the local building official provides a second
  331  written notice of plan deficiencies to the permit applicant
  332  within the prescribed time period, the permit applicant may
  333  elect to dispute the deficiencies pursuant to subsection (14)
  334  (13) or to submit additional revisions to correct the
  335  deficiencies. For all revisions submitted after the first
  336  revision, the local building official has an additional 5
  337  business days from the date of resubmittal to issue the
  338  requested permit or to provide a written notice to the permit
  339  applicant stating which of the previously identified plan
  340  features remain in noncompliance with the applicable codes, with
  341  specific reference to the relevant code chapters and sections.
  342         (8) A private provider performing required inspections
  343  under this section shall inspect each phase of construction as
  344  required by the applicable codes. Such inspection may be
  345  performed in-person or virtually. The private provider may have
  346  shall be permitted to send a duly authorized representative to
  347  the building site to perform the required inspections, provided
  348  all required reports are prepared by and bear the written or
  349  electronic signature of the private provider or the private
  350  provider’s duly authorized representative. The duly authorized
  351  representative must be an employee of the private provider
  352  entitled to receive reemployment assistance benefits under
  353  chapter 443. The contractor’s contractual or legal obligations
  354  are not relieved by any action of the private provider.
  355         (9) A private provider performing required inspections
  356  under this section shall provide notice to the local building
  357  official of the date and approximate time of any such inspection
  358  no later than the prior business day by 2 p.m. local time or by
  359  any later time permitted by the local building official in that
  360  jurisdiction. The local building official may not prohibit the
  361  private provider from performing any inspection outside the
  362  local building official’s normal operating hours, including
  363  after hours, weekends, or holidays. The local building official
  364  may visit the building site as often as necessary to verify that
  365  the private provider is performing all required inspections. A
  366  deficiency notice must be posted at the job site by the private
  367  provider, the duly authorized representative of the private
  368  provider, or the building department whenever a noncomplying
  369  item related to the building code or the permitted documents is
  370  found. Such notice may be physically posted at the job site or
  371  electronically posted. After corrections are made, the item must
  372  be reinspected by the private provider or representative before
  373  being concealed. Reinspection or reaudit fees shall not be
  374  charged by the local jurisdiction as a result of the local
  375  jurisdiction’s audit inspection occurring before the performance
  376  of the private provider’s inspection or for any other
  377  administrative matter not involving the detection of a violation
  378  of the building code or a permit requirement.
  379         (10) If equipment replacements and repairs must be
  380  performed in an emergency situation, subject to the emergency
  381  permitting provisions of the Florida Building Code, a private
  382  provider may perform emergency inspection services without first
  383  notifying the local building official pursuant to subsection
  384  (9). A private provider must conduct the inspection within 3
  385  business days after being contacted to conduct an emergency
  386  inspection and must submit the inspection report to the local
  387  building official within 1 day after the inspection is
  388  completed.
  389         (11)(10) Upon completing the required inspections at each
  390  applicable phase of construction, the private provider shall
  391  record such inspections on a form acceptable to the local
  392  building official. The form must bear the written or electronic
  393  signature of be signed by the provider or the provider’s duly
  394  authorized representative. These inspection records shall
  395  reflect those inspections required by the applicable codes of
  396  each phase of construction for which permitting by a local
  397  enforcement agency is required. The private provider, upon
  398  completion of the required inspection before leaving the project
  399  site, shall post each completed inspection record, indicating
  400  pass or fail, at the site and provide the record to the local
  401  building official within 2 business days. Such inspection record
  402  may be electronically posted by the private provider or the
  403  private provider may post such inspection record physically at
  404  the project site. The private provider may electronically
  405  transmit the record to the local building official. The local
  406  building official may waive the requirement to provide a record
  407  of each inspection within 2 business days if the record is
  408  electronically posted or posted at the project site and all such
  409  inspection records are submitted with the certificate of
  410  compliance. Unless the records have been electronically posted,
  411  records of all required and completed inspections shall be
  412  maintained at the building site at all times and made available
  413  for review by the local building official. The private provider
  414  shall report to the local enforcement agency any condition that
  415  poses an immediate threat to public safety and welfare.
  416         (12)(11) Upon completion of all required inspections, the
  417  private provider shall prepare a certificate of compliance, on a
  418  form acceptable to the local building official, summarizing the
  419  inspections performed and including a written representation,
  420  under oath, that the stated inspections have been performed and
  421  that, to the best of the private provider’s knowledge and
  422  belief, the building construction inspected complies with the
  423  approved plans and applicable codes. The statement required of
  424  the private provider shall be substantially in the following
  425  form and shall be signed and sealed by a private provider as
  426  established in subsection (1) or may be electronically
  427  transmitted to the local building official:
  429         To the best of my knowledge and belief, the building
  430         components and site improvements outlined herein and
  431         inspected under my authority have been completed in
  432         conformance with the approved plans and the applicable
  433         codes.
  435         (13)(12) No more than 2 business days after receipt of a
  436  request for a certificate of occupancy or certificate of
  437  completion and the applicant’s presentation of a certificate of
  438  compliance and approval of all other government approvals
  439  required by law, the local building official shall issue the
  440  certificate of occupancy or certificate of completion or provide
  441  a notice to the applicant identifying the specific deficiencies,
  442  as well as the specific code chapters and sections. If the local
  443  building official does not provide notice of the deficiencies
  444  within the prescribed 2-day period, the request for a
  445  certificate of occupancy or certificate of completion shall be
  446  deemed granted and the certificate of occupancy or certificate
  447  of completion shall be issued by the local building official on
  448  the next business day. To resolve any identified deficiencies,
  449  the applicant may elect to dispute the deficiencies pursuant to
  450  subsection (14) (13) or to submit a corrected request for a
  451  certificate of occupancy or certificate of completion.
  452         (15)(14) For the purposes of this section, any notice to be
  453  provided by the local building official shall be deemed to be
  454  provided to the person or entity when successfully transmitted
  455  to the e-mail address facsimile number listed for that person or
  456  entity in the permit application or revised permit application,
  457  or, if no e-mail address facsimile number is stated, when
  458  actually received by that person or entity.
  459         (16)(a)(15)(a) A local enforcement agency, local building
  460  official, or local government may not adopt or enforce any laws,
  461  rules, procedures, policies, qualifications, or standards more
  462  stringent than those prescribed by this section.
  463         (b) A local enforcement agency, local building official, or
  464  local government may establish, for private providers and duly
  465  authorized representatives working within that jurisdiction, a
  466  system of registration to verify compliance with the licensure
  467  requirements of paragraph (1)(n) (1)(j) and the insurance
  468  requirements of subsection (17) (16).
  469         (c) This section does not limit the authority of the local
  470  building official to issue a stop-work order for a building
  471  project or any portion of the project, as provided by law, if
  472  the official determines that a condition on the building site
  473  constitutes an immediate threat to public safety and welfare.
  474         (21)Notwithstanding any other law, a county, a
  475  municipality, a school district, or an independent special
  476  district may use a private provider to provide building code
  477  inspection services for a public works project, an improvement,
  478  a building, or any other structure that is owned by the county,
  479  municipality, school district, or independent special district.
  480         Section 6. Paragraph (a) of subsection (7) of section
  481  553.80, Florida Statutes, is amended to read:
  482         553.80 Enforcement.—
  483         (7)(a) The governing bodies of local governments may
  484  provide a schedule of reasonable fees, as authorized by s.
  485  125.56(2) or s. 166.222 and this section, for enforcing this
  486  part. These fees, and any fines or investment earnings related
  487  to the fees, shall be used solely for carrying out the local
  488  government’s responsibilities in enforcing the Florida Building
  489  Code. When providing a schedule of reasonable fees, the total
  490  estimated annual revenue derived from fees, and the fines and
  491  investment earnings related to the fees, may not exceed the
  492  total estimated annual costs of allowable activities. Any
  493  unexpended balances shall be carried forward to future years for
  494  allowable activities or shall be refunded at the discretion of
  495  the local government. A local government may not carry forward
  496  an amount exceeding the average of its operating budget for
  497  enforcing the Florida Building Code for the previous 4 fiscal
  498  years. For purposes of this subsection, the term “operating
  499  budget” does not include reserve amounts. Any amount exceeding
  500  this limit must be used as authorized in subparagraph 2.
  501  However, a local government which established, as of January 1,
  502  2019, a Building Inspections Fund Advisory Board consisting of
  503  five members from the construction stakeholder community and
  504  carries an unexpended balance in excess of the average of its
  505  operating budget for the previous 4 fiscal years may continue to
  506  carry such excess funds forward upon the recommendation of the
  507  advisory board. The basis for a fee structure for allowable
  508  activities shall relate to the level of service provided by the
  509  local government and shall include consideration for refunding
  510  fees due to reduced services based on services provided as
  511  prescribed by s. 553.791, but not provided by the local
  512  government. Fees charged shall be consistently applied.
  513         1. As used in this subsection, the phrase “enforcing the
  514  Florida Building Code” includes the direct costs and reasonable
  515  indirect costs associated with review of building plans,
  516  building inspections, reinspections, and building permit
  517  processing; building code enforcement; and fire inspections
  518  associated with new construction. The phrase may also include
  519  training costs associated with the enforcement of the Florida
  520  Building Code and enforcement action pertaining to unlicensed
  521  contractor activity to the extent not funded by other user fees.
  522         2. A local government must use any excess funds that it is
  523  prohibited from carrying forward to rebate and reduce fees, or
  524  to pay for the construction of a building or structure that
  525  houses a local government’s building code enforcement agency or
  526  the training programs for building officials, inspectors, or
  527  plans examiners associated with the enforcement of the Florida
  528  Building Code. Excess funds used to construct such a building or
  529  structure must be designated for such purpose by the local
  530  government and may not be carried forward for more than 4
  531  consecutive years.
  532         3. The following activities may not be funded with fees
  533  adopted for enforcing the Florida Building Code:
  534         a. Planning and zoning or other general government
  535  activities.
  536         b. Inspections of public buildings for a reduced fee or no
  537  fee.
  538         c. Public information requests, community functions,
  539  boards, and any program not directly related to enforcement of
  540  the Florida Building Code.
  541         d. Enforcement and implementation of any other local
  542  ordinance, excluding validly adopted local amendments to the
  543  Florida Building Code and excluding any local ordinance directly
  544  related to enforcing the Florida Building Code as defined in
  545  subparagraph 1.
  546         4. A local government shall use recognized management,
  547  accounting, and oversight practices to ensure that fees, fines,
  548  and investment earnings generated under this subsection are
  549  maintained and allocated or used solely for the purposes
  550  described in subparagraph 1.
  551         5. The local enforcement agency, independent district, or
  552  special district may not require at any time, including at the
  553  time of application for a permit, the payment of any additional
  554  fees, charges, or expenses associated with:
  555         a. Providing proof of licensure pursuant to chapter 489;
  556         b. Recording or filing a license issued pursuant to this
  557  chapter;
  558         c. Providing, recording, or filing evidence of workers’
  559  compensation insurance coverage as required by chapter 440; or
  560         d. Charging surcharges or other similar fees not directly
  561  related to enforcing the Florida Building Code.
  562         Section 7. Paragraph (a) of subsection (8) and subsection
  563  (14) of section 553.842, Florida Statutes, are amended to read:
  564         553.842 Product evaluation and approval.—
  565         (8) The commission may adopt rules to approve the following
  566  types of entities that produce information on which product
  567  approvals are based. All of the following entities, including
  568  engineers and architects, must comply with a nationally
  569  recognized standard demonstrating independence or no conflict of
  570  interest:
  571         (a) Evaluation entities approved under pursuant to this
  572  paragraph or that meet the criteria for approval adopted by the
  573  commission by rule. The commission shall specifically approve
  574  the National Evaluation Service, the International Association
  575  of Plumbing and Mechanical Officials Evaluation Service, the
  576  International Code Council Evaluation Services, Underwriters
  577  Laboratories, LLC, Intertek Testing Services NA, Inc., and the
  578  Miami-Dade County Building Code Compliance Office Product
  579  Control Division. Architects and engineers licensed in this
  580  state are also approved to conduct product evaluations as
  581  provided in subsection (5).
  582         (14) The commission shall by rule establish criteria for
  583  revocation of product approvals as well as suspension revocation
  584  of approvals of product evaluation entities, including those
  585  approved in accordance with paragraph (8)(a), and suspension or
  586  revocation of approvals of testing laboratories, quality
  587  assurance entities, certification agencies, and validation
  588  entities. Suspension and revocation is governed by s. 120.60 and
  589  the uniform rules of procedure.
  590         Section 8. Paragraph (bb) of subsection (1) of section
  591  125.01, Florida Statutes, is amended to read:
  592         125.01 Powers and duties.—
  593         (1) The legislative and governing body of a county shall
  594  have the power to carry on county government. To the extent not
  595  inconsistent with general or special law, this power includes,
  596  but is not restricted to, the power to:
  597         (bb) Enforce the Florida Building Code, as provided in s.
  598  553.80, and adopt and enforce local technical amendments to the
  599  Florida Building Code as provided in s. 553.73(4), pursuant to
  600  s. 553.73(4)(b) and (c).
  601         Section 9. Subsection (1) of section 125.56, Florida
  602  Statutes, is amended to read:
  603         125.56 Enforcement and amendment of the Florida Building
  604  Code and the Florida Fire Prevention Code; inspection fees;
  605  inspectors; etc.—
  606         (1) The board of county commissioners of each of the
  607  several counties of the state may enforce the Florida Building
  608  Code and the Florida Fire Prevention Code, as provided in ss.
  609  553.80, 633.206, and 633.208, and, at its discretion, adopt
  610  local technical amendments to the Florida Building Code as
  611  provided in s. 553.73(4), pursuant to s. 553.73(4)(b) and (c)
  612  and local technical amendments to the Florida Fire Prevention
  613  Code as provided in, pursuant to s. 633.202, to provide for the
  614  safe construction, erection, alteration, repair, securing, and
  615  demolition of any building within its territory outside the
  616  corporate limits of any municipality. Upon a determination to
  617  consider amending the Florida Building Code or the Florida Fire
  618  Prevention Code by a majority of the members of the board of
  619  county commissioners of such county, the board shall call a
  620  public hearing and comply with the public notice requirements of
  621  s. 125.66(2). The board shall hear all interested parties at the
  622  public hearing and may then amend the building code or the fire
  623  code consistent with the terms and purposes of this act. Upon
  624  adoption, an amendment to the code shall be in full force and
  625  effect throughout the unincorporated area of such county until
  626  otherwise notified by the Florida Building Commission under
  627  pursuant to s. 553.73 or the State Fire Marshal under pursuant
  628  to s. 633.202. This subsection does not Nothing herein contained
  629  shall be construed to prevent the board of county commissioners
  630  from repealing such amendment to the building code or the fire
  631  code at any regular meeting of such board.
  632         Section 10. Effective December 1, 2021, subsection (8) is
  633  added to section 381.0065, Florida Statutes, to read:
  634         381.0065 Onsite sewage treatment and disposal systems;
  635  regulation.—
  637         (a)Notwithstanding any other law, ordinance, or policy,
  638  the fee owner of an onsite sewage treatment and disposal system,
  639  or the fee owner’s contractor upon written authorization from
  640  the fee owner, may select a private provider to provide
  641  inspection services for onsite sewage treatment and disposal
  642  systems and may pay the private provider directly for such
  643  services if such services are the subject of a written contract
  644  between the private provider, or the private provider’s firm,
  645  and the fee owner or the fee owner’s contractor, upon written
  646  authorization of the fee owner.
  647         (b)The department may not charge inspection fees for any
  648  inspection performed by a private provider hired by the fee
  649  owner or fee owner’s contractor.
  650         (c)In addition to authorized and certified inspectors,
  651  onsite sewage treatment and disposal system inspection services
  652  may be performed by a private provider or a duly authorized
  653  representative of a private provider within the disciplines
  654  covered under such person’s licensure or if the person is
  655  certified under s. 381.0101, is a master septic contractor
  656  licensed under chapter 489, is a professional engineer who has
  657  passed all three parts of the OSTDS Accelerated Certification
  658  Training, or is a person working as staff under the supervision
  659  of a master septic tank contractor or a licensed professional
  660  engineer and has passed all three parts of the OSTDS Accelerated
  661  Certification Training.
  662         (d)1.A fee owner or the fee owner’s contractor using a
  663  private provider for onsite sewage treatment and disposal system
  664  inspection services must provide notice to the department at the
  665  time of permit application, or by 2 p.m. local time, 2 business
  666  days before the first scheduled inspection by the department.
  667  The notice must include the following information:
  668         a.The name, firm, address, telephone number, and e-mail
  669  address of each private provider who is performing or will
  670  perform such services, the private provider’s professional
  671  license or certification number, and qualification statements or
  672  resumes for each private provider; and
  673         b.An acknowledgment from the fee owner in substantially
  674  the following form:
  676         I have elected to use one or more private providers to
  677         provide onsite sewage treatment and disposal system
  678         inspection services that are the subject of the
  679         enclosed permit application. I understand that the
  680         department may not perform the required onsite sewage
  681         treatment and disposal system inspections to determine
  682         compliance with the applicable codes, except to the
  683         extent authorized by law. Instead, inspections will be
  684         performed by the licensed or certified personnel
  685         identified in the application. By executing this form,
  686         I acknowledge that I have made inquiry regarding the
  687         competence of the licensed or certified personnel and
  688         am satisfied that my interests are adequately
  689         protected. I agree to indemnify, defend, and hold
  690         harmless the department from any and all claims
  691         arising from my use of these licensed or certified
  692         personnel to perform onsite sewage treatment and
  693         disposal system inspections with respect to the onsite
  694         sewage treatment and disposal system that are the
  695         subject of the enclosed permit application.
  696         Additionally, I understand that in the event that the
  697         onsite sewage treatment and disposal system does not
  698         comply with the applicable rules and laws, I will be
  699         responsible for remediating the system in accordance
  700         with existing law.
  702         2.If the fee owner or the fee owner’s contractor makes any
  703  changes to the listed private providers or the services to be
  704  provided by the private providers, the fee owner or the fee
  705  owner’s contractor must update the notice in writing to reflect
  706  the change within 1 business day after the change. A change of a
  707  duly authorized representative named in the permit application
  708  does not require a revision of the permit, and the department
  709  may not charge a fee for making such change.
  710         (e)The department may audit the performance of onsite
  711  sewage treatment and disposal system inspection services by
  712  private providers. However, the same private provider may not be
  713  audited more than four times in a month unless the department
  714  determines that an onsite sewage treatment and disposal system
  715  inspected by the private provider should not have passed
  716  inspection. Work on a building, a structure, or an onsite sewage
  717  treatment and disposal system may proceed after inspection and
  718  approval by a private provider if the fee owner or fee owner’s
  719  contractor has given notice of the inspection pursuant to
  720  subsection (4) and, subsequent to such inspection and approval,
  721  may not be delayed for completion of an inspection audit by the
  722  department unless the department immediately notifies the fee
  723  owner or fee owner’s contractor that the department is
  724  proceeding with enforcement activity against the private
  725  provider.
  726         Section 11. The Department of Environmental Protection
  727  shall initiate rulemaking to implement the amendments made by
  728  this act to s. 381.0065, Florida Statutes, by August 1, 2021.
  729         Section 12. Except as otherwise expressly provided in this
  730  act, this act shall take effect July 1, 2021.
  732  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  733  And the directory clause is amended as follows:
  734         Delete line 32
  735  and insert:
  736         Section 1. Subsections (4), (5), and (8) of section 553.73,
  738  ================= T I T L E  A M E N D M E N T ================
  739  And the title is amended as follows:
  740         Delete lines 11 - 28
  741  and insert:
  742         timeframe; prohibiting the use of preliminary maps
  743         issued by the Federal Emergency Management Agency
  744         under certain circumstances; authorizing the
  745         commission to issue errata to the code; providing a
  746         definition for the term “errata to the code”; making
  747         technical changes; amending s. 553.79, F.S.;
  748         prohibiting a local government from requiring certain
  749         contracts for the issuance of a building permit;
  750         amending s. 553.791, F.S.; revising and defining
  751         terms; providing requirements for qualified private
  752         providers; requiring local jurisdictions to reduce
  753         permit fees under certain circumstances; deleting
  754         legislative intent; specifying that contractors using
  755         private providers to provide building code inspections
  756         services must notify local building officials in
  757         writing; revising notice requirements; deleting a
  758         provision requiring fee owners or fee owners’
  759         contractors to post certain information at a project
  760         site before commencing construction; authorizing
  761         certain affidavits to be signed with electronic
  762         signatures and be submitted to local building
  763         officials electronically; authorizing certain
  764         inspections to be performed in-person or virtually;
  765         authorizing certain reports to be signed with
  766         electronic signatures; authorizing certain notices to
  767         be electronically posted; authorizing private
  768         providers to perform certain replacements and repairs
  769         without first notifying local building officials under
  770         certain circumstances; authorizing certain forms to be
  771         signed with electronic signatures; authorizing certain
  772         inspection records to be electronically posted and
  773         electronically submitted to local building officials;
  774         authorizing certificates of compliance to be
  775         electronically transmitted to local building
  776         officials; authorizing certain local entities to use a
  777         private provider for code inspection services under
  778         certain circumstances; conforming provisions to
  779         changes made by the act; amending s. 553.80, F.S.;
  780         revising how certain excess funds may be used by a
  781         local government; amending s. 553.842, F.S.; requiring
  782         evaluation entities that meet certain criteria to
  783         comply with certain standards; authorizing the
  784         commission to suspend or revoke certain approvals
  785         under certain circumstances; amending ss. 125.01 and
  786         125.56, F.S.; conforming cross-references to changes
  787         made by the act; making technical changes; amending s.
  788         381.0065, F.S.; authorizing fee owners or fee owners’
  789         contractors to select private providers to provide
  790         inspection services for onsite sewage treatment and
  791         disposal systems if certain requirements are met;
  792         prohibiting the department from charging inspection
  793         fees for inspections performed by private providers;
  794         providing requirements for private providers or duly
  795         authorized representatives of private providers
  796         performing such inspections; requiring fee owners or
  797         contractors to provide specified notice to the
  798         department when using a private provider for such
  799         inspections; providing requirements for the contents
  800         of such notice; prohibiting the department from
  801         charging a fee for changing the duly authorized
  802         representative named in a permit application;
  803         authorizing the department to audit the performance of
  804         private providers; providing requirements relating to
  805         work on a building, a structure, or an onsite sewage
  806         treatment and disposal system relating to such audits;
  807         requiring the Department of Environmental Protection
  808         to initiate rulemaking by a specified date; providing
  809         effective dates.