Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 89
       
       
       
       
       
       
                                Ì709506/Î709506                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             04/28/2023 02:54 PM       .      05/03/2023 05:17 PM       
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       Senator Hooper moved the following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (2) of section 553.79, Florida
    7  Statutes, is amended to read:
    8         553.79 Permits; applications; issuance; inspections.—
    9         (2)(a)1. Except as provided in subsection (8), an enforcing
   10  agency may not issue any permit for construction, erection,
   11  alteration, modification, repair, or demolition of any building
   12  or structure until the local building code administrator or
   13  inspector has reviewed the plans and specifications required by
   14  the Florida Building Code, or local amendment thereto, for such
   15  proposal and found the plans to be in compliance with the
   16  Florida Building Code. If the local building code administrator
   17  or inspector finds that the plans are not in compliance with the
   18  Florida Building Code, the local building code administrator or
   19  inspector shall identify the specific plan features that do not
   20  comply with the applicable codes, identify the specific code
   21  chapters and sections upon which the finding is based, and
   22  provide this information to the local enforcing agency. If the
   23  building code administrator, plans examiner, or inspector
   24  requests another local enforcing agency employee or a person
   25  contracted by the local enforcing agency to review the plans and
   26  that employee or person identifies specific plan features that
   27  do not comply with the applicable codes, the building code
   28  administrator, plans examiner, or inspector must provide this
   29  information to the local enforcing agency. The local enforcing
   30  agency shall provide this information to the permit applicant.
   31         2.In addition, An enforcing agency may not issue any
   32  permit for construction, erection, alteration, modification,
   33  repair, or demolition of any building until the appropriate
   34  firesafety inspector certified pursuant to s. 633.216 has
   35  reviewed the plans and specifications required by the Florida
   36  Building Code, or local amendment thereto, for such proposal and
   37  found that the plans comply with the Florida Fire Prevention
   38  Code and the Life Safety Code. Any building or structure which
   39  is not subject to a firesafety code shall not be required to
   40  have its plans reviewed by the firesafety inspector.
   41         3. Any building or structure that is exempt from the local
   42  building permit process may not be required to have its plans
   43  reviewed by the local building code administrator. Industrial
   44  construction on sites where design, construction, and firesafety
   45  are supervised by appropriate design and inspection
   46  professionals and which contain adequate in-house fire
   47  departments and rescue squads is exempt, subject to local
   48  government option, from review of plans and inspections,
   49  providing owners certify that applicable codes and standards
   50  have been met and supply appropriate approved drawings to local
   51  building and firesafety inspectors.
   52         4. The enforcing agency shall issue a permit to construct,
   53  erect, alter, modify, repair, or demolish any building or
   54  structure when the plans and specifications for such proposal
   55  comply with the Florida Building Code and the Florida Fire
   56  Prevention Code and the Life Safety Code as determined by the
   57  local authority in accordance with this chapter and chapter 633.
   58         (b)After the local enforcing agency issues a permit, the
   59  local enforcing agency may not make or require any substantive
   60  changes to the plans or specifications except changes required
   61  for compliance with the Florida Building Code, the Florida Fire
   62  Prevention Code, or the Life Safety Code, or local amendments
   63  thereto. If a local enforcing agency makes or requires
   64  substantive changes to the plans or specifications after a
   65  permit is issued, the local enforcing agency must identify the
   66  specific plan features that do not comply with the applicable
   67  codes, identify the specific code chapters and sections upon
   68  which the finding is based, and provide the information to the
   69  permitholder in writing.
   70         (c)1.A plans examiner or inspector who fails to provide
   71  the building code administrator with the reasons for making or
   72  requiring substantive changes to the plans or specifications is
   73  subject to disciplinary action against his or her certificate
   74  under s. 468.621(1)(i).
   75         2.A building code administrator who fails to provide a
   76  permit applicant or permitholder with the reasons for making or
   77  requiring substantive changes to the plans or specifications is
   78  subject to disciplinary action against his or her certificate
   79  under s. 468.621(1)(i).
   80         Section 2. Subsection (2) of section 633.208, Florida
   81  Statutes, is amended to read:
   82         633.208 Minimum firesafety standards.—
   83         (2)(a) Pursuant to subsection (1), each municipality,
   84  county, and special district with firesafety responsibilities
   85  shall enforce the Florida Fire Prevention Code as the minimum
   86  firesafety code required by this section.
   87         (b)If a municipality, county, or special district
   88  determines that the building plans for a building permit
   89  application do not comply with the Florida Fire Prevention Code
   90  or the Life Safety Code, or local amendments thereto, the local
   91  fire official must identify the specific plan features that do
   92  not comply with the applicable codes, identify the specific code
   93  chapters and sections upon which the determination is based, and
   94  provide this information to the permit applicant.
   95         (c)After a municipality, county, or special district
   96  issues a building permit, it may not make or require any
   97  substantive changes to the building plans except those required
   98  for compliance with the Florida Fire Prevention Code or the Life
   99  Safety Code, or local amendments thereto. If a municipality,
  100  county, or special district makes or requires substantive
  101  changes to building plans after a permit is issued, the local
  102  fire official must identify the specific plan features that do
  103  not comply with the Florida Fire Prevention Code or the Life
  104  Safety Code, or local amendments thereto, identify the specific
  105  code chapters and sections upon which the finding is based, and
  106  provide this information to the permitholder.
  107         (d)A local fire official who is also a certified
  108  firesafety inspector and who fails to comply with paragraph (b)
  109  or paragraph (c) is subject to disciplinary action against his
  110  or her certificate under s. 633.216(5)(f).
  111         Section 3. This act shall take effect July 1, 2023.
  112  
  113  ================= T I T L E  A M E N D M E N T ================
  114  And the title is amended as follows:
  115         Delete everything before the enacting clause
  116  and insert:
  117                        A bill to be entitled                      
  118         An act relating to building construction; amending s.
  119         553.79, F.S.; requiring local building code
  120         administrators, plans examiners, or inspectors to
  121         provide certain information to the local enforcing
  122         agency under certain circumstances; prohibiting local
  123         enforcing agencies from making or requiring
  124         substantive changes to plans or specifications after a
  125         permit has been issued; providing exceptions;
  126         requiring local enforcing agencies that require
  127         substantive changes to plans or specifications after a
  128         permit has been issued to provide certain information
  129         to the permitholder in writing; providing that a plans
  130         examiner, inspector, or building code administrator is
  131         subject to disciplinary action under certain
  132         circumstances; amending s. 633.208, F.S.; requiring
  133         local fire officials to provide certain information to
  134         a permit applicant if building plans do not comply
  135         with the Florida Fire Prevention Code or the Life
  136         Safety Code; prohibiting a municipality, county, or
  137         special district from making or requiring substantive
  138         changes to building plans after a permit has been
  139         issued; providing exceptions; requiring a local fire
  140         official to provide certain information to the
  141         permitholder if a municipality, county, or special
  142         district requires substantive changes to building
  143         plans after a permit is issued; providing that a local
  144         fire official who is a certified firesafety inspector
  145         is subject to disciplinary action under certain
  146         circumstances; providing an effective date.