Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 644
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  02/10/2022           .                                
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       The Committee on Rules (Brodeur) recommended the following:
       
    1         Senate Substitute for Amendment (719540) (with title
    2  amendment)
    3  
    4         Delete lines 129 - 288
    5  and insert:
    6  under the direct supervision of a certified building official.
    7  Proof of graduation with a related vocational degree or college
    8  degree or of verifiable work experience may be exchanged for the
    9  internship experience requirement year-for-year, but may reduce
   10  the requirement to no less than 1 year.
   11         b. Has passed an examination administered by the
   12  International Code Council in the certification category sought.
   13  Such examination must be passed before beginning the internship
   14  certification program.
   15         c. Has passed the principles and practice examination
   16  before completing the internship certification program.
   17         d. Has passed a board-approved 40-hour code training course
   18  in the certification category sought before completing the
   19  internship certification program.
   20         e. Has obtained a favorable recommendation from the
   21  supervising building official after completion of the internship
   22  certification program.
   23         (7)
   24         (c) The board shall provide for appropriate levels of
   25  provisional certificates and may issue these certificates with
   26  such special conditions or requirements relating to the place of
   27  employment of the person holding the certificate, the
   28  supervision of such person on a consulting or advisory basis, or
   29  other matters as the board deems may deem necessary to protect
   30  the public safety and health. The board may not place a special
   31  condition or requirement on a provisional certificate with
   32  respect to the requirement of employment by a municipality,
   33  county, or other local governmental agency.
   34         (d) A person may perform the duties of a plans examiner or
   35  building code inspector for 120 days if a provisional
   36  certificate application has been submitted and if such person is
   37  under the direct supervision of a person licensed as a certified
   38  building code administrator under this part who holds a standard
   39  certification and who has found such person qualified for a
   40  provisional certificate. Direct supervision and the
   41  determination of qualifications may also be provided by a
   42  building code administrator who holds a limited or provisional
   43  certificate in a county having a population of fewer than 75,000
   44  and in a municipality located within such county.
   45         (10)
   46         (b) The board shall by rule establish:
   47         1. Reciprocity of certification with any other state that
   48  requires an examination administered by the International Code
   49  Council.
   50         2. That an applicant for certification as a building code
   51  inspector or plans examiner may apply for a provisional
   52  certificate valid for the duration of the internship period.
   53         3. That partial completion of an internship program is
   54  transferable among jurisdictions, private providers, and firms
   55  of private providers may be transferred between jurisdictions on
   56  a form prescribed by the board.
   57         4. That an applicant may apply for a standard certificate
   58  on a form prescribed by the board upon successful completion of
   59  an internship certification program.
   60         5. That an applicant may apply for a standard certificate
   61  at least 30 days but and no more than 60 days before completing
   62  the internship certification program.
   63         6. That a building code inspector or plans examiner who has
   64  standard certification may seek an additional certification in
   65  another category by completing an additional nonconcurrent 1
   66  year internship program in the certification category sought and
   67  passing an examination administered by the International Code
   68  Council and a board-approved 40-hour code training course.
   69         Section 3. Subsection (25) is added to section 553.79,
   70  Florida Statutes, to read:
   71         553.79 Permits; applications; issuance; inspections.—
   72         (25)(a)A local law, ordinance, or regulation may not
   73  prohibit or otherwise restrict the ability of a private property
   74  owner to obtain a building permit to demolish any single-family
   75  residential structure located in a coastal high hazard area,
   76  moderate flood zone, or special flood hazard area according to
   77  Flood Insurance Rate Maps produced by the Federal Emergency
   78  Management Agency in support of the National Flood Insurance
   79  Program if the lowest finished floor elevation of such structure
   80  is at or below base flood elevation as established by the
   81  Florida Building Code, as amended, or a higher base flood
   82  elevation as may be required by local ordinance, whichever is
   83  higher, provided that such permit otherwise complies with all
   84  applicable Florida Building Code requirements.
   85         (b)Demolition permits sought pursuant to this subsection
   86  may be reviewed only administratively for compliance with the
   87  Florida Building Code and may not be subject to any additional
   88  land development regulations or a public hearing as a requisite
   89  to issuance. In the event of such demolition, a local government
   90  may not impose additional regulatory requirements on the new
   91  single-family residential structure constructed in place of the
   92  demolished structure which would not otherwise be applicable to
   93  a similarly situated, vacant parcel; nor may the local
   94  government otherwise penalize the owner for such demolition.
   95         (c)This subsection does not apply to any structure
   96  designated on the National Register of Historic Places; to any
   97  privately owned single-family residential structure designated
   98  historic by a local, state, or federal governmental agency on or
   99  before January 1, 2022; or to any privately owned single-family
  100  residential structure designated historic with the consent of
  101  its owner subsequent to such date.
  102         Section 4. Paragraph (b) of subsection (2) and subsection
  103  (13) of section 553.791, Florida Statutes, are amended, and
  104  paragraph (c) is added to subsection (2) of that section, to
  105  read:
  106         553.791 Alternative plans review and inspection.—
  107         (2)
  108         (b) If an owner or contractor retains a private provider
  109  for purposes of plans review or building inspection services,
  110  the local jurisdiction must reduce the permit fee by the amount
  111  of cost savings realized by the local enforcement agency for not
  112  having to perform such services. Such reduction may be
  113  calculated on a flat fee or percentage basis, or any other
  114  reasonable means by which a local enforcement agency assesses
  115  the cost for its plans review or inspection services. The local
  116  jurisdiction may not charge fees for building inspections if the
  117  fee owner or contractor hires a private provider to perform such
  118  services; however, the local jurisdiction may charge a
  119  reasonable administrative fee, which shall be based on the cost
  120  that is actually incurred, including the labor cost of the
  121  personnel providing the service, by the local jurisdiction or
  122  attributable to the local jurisdiction for the clerical and
  123  supervisory assistance required, or both.
  124         (c)If an owner or a contractor retains a private provider
  125  for purposes of plans review or building inspection services,
  126  the local jurisdiction must provide equal access to all
  127  permitting and inspection documents and reports to the private
  128  provider, owner, and contractor if such access is provided by
  129  software that protects exempt records from disclosure.
  130         (13)(a)No more than 2 business days After receipt of a
  131  request for a certificate of occupancy or certificate of
  132  completion and the applicant’s presentation of a certificate of
  133  compliance or upon and approval of all other government
  134  approvals required by law, and after the completion of the local
  135  building official’s review of all compliance documents and the
  136  payment of all outstanding fees, the local building official
  137  shall issue the certificate of occupancy or certificate of
  138  completion or provide a notice to the applicant identifying the
  139  specific deficiencies, as well as the specific code chapters and
  140  sections, no later than:
  141         1.Two business days for permits related to single-family
  142  or two-family dwellings.
  143         2.Ten business days for all other permits.
  144         (b) If the local building official does not provide notice
  145  of the deficiencies within the applicable prescribed 2-day
  146  period under subparagraph (a)1. or subparagraph (a)2., the
  147  request for a certificate of occupancy or certificate of
  148  completion is automatically shall be deemed granted and deemed
  149  the certificate of occupancy or certificate of completion shall
  150  be issued as of by the local building official on the next
  151  business day. The local building official must provide the
  152  applicant with the written certificate of occupancy or
  153  certificate of completion within 10 days after it is
  154  automatically granted and issued. To resolve any identified
  155  deficiencies, the applicant may elect to dispute the
  156  deficiencies pursuant to subsection (14) or to submit a
  157  corrected request for a certificate of occupancy or certificate
  158  of completion.
  159         Section 5. (1)Before January 1, 2023, the Florida Building
  160  Commission shall adopt within the Florida Building Code
  161  regulations for the design and construction of, and the
  162  Department of Health shall adopt rules for the sanitation and
  163  safety of, swim-up bars at public swimming pools in this state.
  164  The department and commission shall work with swimming pool
  165  industry representatives to develop such regulations and rules
  166  to position this state as a national leader on design
  167  specifications, safety, operation, and public health relating to
  168  swim-up bars.
  169         (2)This section shall take effect upon this act becoming a
  170  law.
  171         Section 6. Except as otherwise expressly provided in this
  172  act and except for this section, which shall take effect upon
  173  this act becoming a law, this act shall take effect July 1,
  174  2022.
  175  
  176  ================= T I T L E  A M E N D M E N T ================
  177  And the title is amended as follows:
  178         Delete lines 28 - 38
  179  and insert:
  180         jurisdiction to provide equal access under certain
  181         circumstances to certain documents to a private
  182         provider, owner, and contractor; revising conditions
  183         that must be met before a local building official must
  184         issue a certificate of occupancy, a certificate of
  185         completion, or a certain notice; revising the
  186         timeframe for issuing such certificate or notice for
  187         certain permits; providing that a certificate of
  188         occupancy or certificate of completion is
  189         automatically granted and issued under certain
  190         circumstances; requiring the local building official
  191         to provide a written certificate of occupancy or
  192         certificate of completion within a specified timeframe
  193         after such certificate is automatically granted and
  194         issued; requiring the Florida Building Commission to
  195         adopt certain regulations within the Florida Building
  196         Code, and the Department of Health to adopt certain
  197         rules, relating to swim-up bars at public swimming
  198         pools; requiring the department and commission to work
  199         with swimming pool industry representatives when
  200         developing such regulations and rules; providing
  201         effective dates.