Bill Amendment: FL H0269 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Building Construction
Status: 2013-06-17 - Chapter No. 2013-193, companion bill(s) passed, see CS/HB 7019 (Ch. 2013-213) [H0269 Detail]
Download: Florida-2013-H0269-Senate_Floor_Amendment_Delete_All_117882.html
Bill Title: Building Construction
Status: 2013-06-17 - Chapter No. 2013-193, companion bill(s) passed, see CS/HB 7019 (Ch. 2013-213) [H0269 Detail]
Download: Florida-2013-H0269-Senate_Floor_Amendment_Delete_All_117882.html
Florida Senate - 2013 SENATOR AMENDMENT
Bill No. CS for CS for HB 269
Barcode 117882
LEGISLATIVE ACTION
Senate . House
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Floor: 1/RE/3R .
04/30/2013 04:47 PM .
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Senators Detert and Simpson moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 162.12, Florida Statutes, is amended to
6 read:
7 162.12 Notices.—
8 (1) All notices required by this part must be provided to
9 the alleged violator by:
10 (a) Certified mail, return receipt requested, to the
11 address listed in the tax collector’s office for tax notices, or
12 to the address listed in the county property appraiser’s
13 database. The local government may also provide an additional
14 notice to any other address it may find for provided by the
15 property owner in writing to the local government for the
16 purpose of receiving notices. For property owned by a
17 corporation, notices may be provided by certified mail to the
18 registered agent of the corporation. If any notice sent by
19 certified mail is not signed as received within 30 days after
20 the postmarked date of mailing, notice may be provided by
21 posting as described in subparagraphs (2)(b)1. and 2.;
22 (b) Hand delivery by the sheriff or other law enforcement
23 officer, code inspector, or other person designated by the local
24 governing body;
25 (c) Leaving the notice at the violator’s usual place of
26 residence with any person residing therein who is above 15 years
27 of age and informing such person of the contents of the notice;
28 or
29 (d) In the case of commercial premises, leaving the notice
30 with the manager or other person in charge.
31 (2) In addition to providing notice as set forth in
32 subsection (1), at the option of the code enforcement board or
33 the local government, notice may also be served by publication
34 or posting, as follows:
35 (a)1. Such notice shall be published once during each week
36 for 4 consecutive weeks (four publications being sufficient) in
37 a newspaper of general circulation in the county where the code
38 enforcement board is located. The newspaper shall meet such
39 requirements as are prescribed under chapter 50 for legal and
40 official advertisements.
41 2. Proof of publication shall be made as provided in ss.
42 50.041 and 50.051.
43 (b)1. In lieu of publication as described in paragraph (a),
44 such notice may be posted at least 10 days prior to the hearing,
45 or prior to the expiration of any deadline contained in the
46 notice, in at least two locations, one of which shall be the
47 property upon which the violation is alleged to exist and the
48 other of which shall be, in the case of municipalities, at the
49 primary municipal government office, and in the case of
50 counties, at the front door of the courthouse or the main county
51 governmental center in said county.
52 2. Proof of posting shall be by affidavit of the person
53 posting the notice, which affidavit shall include a copy of the
54 notice posted and the date and places of its posting.
55 (c) Notice by publication or posting may run concurrently
56 with, or may follow, an attempt or attempts to provide notice by
57 hand delivery or by mail as required under subsection (1).
58
59 Evidence that an attempt has been made to hand deliver or
60 mail notice as provided in subsection (1), together with proof
61 of publication or posting as provided in subsection (2), shall
62 be sufficient to show that the notice requirements of this part
63 have been met, without regard to whether or not the alleged
64 violator actually received such notice.
65 Section 2. Subsection (3) of section 255.20, Florida
66 Statutes, is amended to read:
67 255.20 Local bids and contracts for public construction
68 works; specification of state-produced lumber.—
69 (3)(a) All county officials, boards of county
70 commissioners, school boards, city councils, city commissioners,
71 and all other public officers of state boards or commissions
72 that are charged with the letting of contracts for public work,
73 for the construction of public bridges, buildings, and other
74 structures must specify in the contract lumber, timber, and
75 other forest products produced and manufactured in this state,
76 if wood is a component of the public work, and if such products
77 are available and their price, fitness, and quality are equal.
78 (b) This subsection does not apply:
79 1. To plywood specified for monolithic concrete forms.,
80 2. If the structural or service requirements for timber for
81 a particular job cannot be supplied by native species., or
82 3. If the construction is financed in whole or in part from
83 federal funds with the requirement that there be no restrictions
84 as to species or place of manufacture.
85 4. To transportation projects for which federal aid funds
86 are available.
87 Section 3. Subsection (4) is added to section 255.2575,
88 Florida Statutes, to read:
89 255.2575 Energy-efficient and sustainable buildings.—
90 (4)(a) All state agencies, county officials, boards of
91 county commissioners, school boards, city councils, city
92 commissioners, and all other public officers of state boards or
93 commissions that are charged with the letting of contracts for
94 public work, for the construction of public bridges, buildings,
95 and other structures must specify in the contract lumber,
96 timber, and other forest products produced and manufactured in
97 this state, if wood is a component of the public work, and if
98 such products are available and their price, fitness, and
99 quality are equal.
100 (b) This subsection does not apply:
101 1. To plywood specified for monolithic concrete forms.
102 2. If the structural or service requirements for timber for
103 a particular job cannot be supplied by native species.
104 3. If the construction is financed in whole or in part from
105 federal funds with the requirement that there be no restrictions
106 as to species or place of manufacture.
107 4. To transportation projects for which federal aid funds
108 are available.
109 Section 4. Paragraph (a) of subsection (4) of section
110 255.257, Florida Statutes, is amended to read:
111 255.257 Energy management; buildings occupied by state
112 agencies.—
113 (4) ADOPTION OF STANDARDS.—
114 (a) Each All state agency agencies shall use adopt a
115 sustainable building rating system or use a national model green
116 building code for each all new building buildings and renovation
117 renovations to an existing building buildings.
118 Section 5. Paragraph (aa) of subsection (4) of section
119 381.0065, Florida Statutes, is amended to read:
120 381.0065 Onsite sewage treatment and disposal systems;
121 regulation.—
122 (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
123 construct, repair, modify, abandon, or operate an onsite sewage
124 treatment and disposal system without first obtaining a permit
125 approved by the department. The department may issue permits to
126 carry out this section, but shall not make the issuance of such
127 permits contingent upon prior approval by the Department of
128 Environmental Protection, except that the issuance of a permit
129 for work seaward of the coastal construction control line
130 established under s. 161.053 shall be contingent upon receipt of
131 any required coastal construction control line permit from the
132 Department of Environmental Protection. A construction permit is
133 valid for 18 months from the issuance date and may be extended
134 by the department for one 90-day period under rules adopted by
135 the department. A repair permit is valid for 90 days from the
136 date of issuance. An operating permit must be obtained prior to
137 the use of any aerobic treatment unit or if the establishment
138 generates commercial waste. Buildings or establishments that use
139 an aerobic treatment unit or generate commercial waste shall be
140 inspected by the department at least annually to assure
141 compliance with the terms of the operating permit. The operating
142 permit for a commercial wastewater system is valid for 1 year
143 from the date of issuance and must be renewed annually. The
144 operating permit for an aerobic treatment unit is valid for 2
145 years from the date of issuance and must be renewed every 2
146 years. If all information pertaining to the siting, location,
147 and installation conditions or repair of an onsite sewage
148 treatment and disposal system remains the same, a construction
149 or repair permit for the onsite sewage treatment and disposal
150 system may be transferred to another person, if the transferee
151 files, within 60 days after the transfer of ownership, an
152 amended application providing all corrected information and
153 proof of ownership of the property. There is no fee associated
154 with the processing of this supplemental information. A person
155 may not contract to construct, modify, alter, repair, service,
156 abandon, or maintain any portion of an onsite sewage treatment
157 and disposal system without being registered under part III of
158 chapter 489. A property owner who personally performs
159 construction, maintenance, or repairs to a system serving his or
160 her own owner-occupied single-family residence is exempt from
161 registration requirements for performing such construction,
162 maintenance, or repairs on that residence, but is subject to all
163 permitting requirements. A municipality or political subdivision
164 of the state may not issue a building or plumbing permit for any
165 building that requires the use of an onsite sewage treatment and
166 disposal system unless the owner or builder has received a
167 construction permit for such system from the department. A
168 building or structure may not be occupied and a municipality,
169 political subdivision, or any state or federal agency may not
170 authorize occupancy until the department approves the final
171 installation of the onsite sewage treatment and disposal system.
172 A municipality or political subdivision of the state may not
173 approve any change in occupancy or tenancy of a building that
174 uses an onsite sewage treatment and disposal system until the
175 department has reviewed the use of the system with the proposed
176 change, approved the change, and amended the operating permit.
177 (aa) An existing-system inspection or evaluation and
178 assessment, or a modification, replacement, or upgrade of an
179 onsite sewage treatment and disposal system is not required for
180 a remodeling addition or modification to a single-family home if
181 a bedroom is not added. However, a remodeling addition or
182 modification to a single-family home may not cover any part of
183 the existing system or encroach upon a required setback or the
184 unobstructed area. To determine if a setback or the unobstructed
185 area is impacted, the local health department shall review and
186 verify a floor plan and site plan of the proposed remodeling
187 addition or modification to the home submitted by a remodeler
188 which shows the location of the system, including the distance
189 of the remodeling addition or modification to the home from the
190 onsite sewage treatment and disposal system. The local health
191 department may visit the site or otherwise determine the best
192 means of verifying the information submitted. A verification of
193 the location of a system is not an inspection or evaluation and
194 assessment of the system. The review and verification must be
195 completed within 7 business days after receipt by the local
196 health department of a floor plan and site plan. If the review
197 and verification is not completed within such time, the
198 remodeling addition or modification to the single-family home,
199 for the purposes of this paragraph, is approved.
200 Section 6. Effective October 1, 2014, subsection (23) is
201 added to section 489.103, Florida Statutes, to read:
202 489.103 Exemptions.— This part does not apply to:
203 (23) An owner or operator of a public swimming pool or spa
204 permitted under s. 514.031, an entity under common ownership or
205 control with the owner or operator, or a direct employee of the
206 owner, operator, or related entity, who undertakes to maintain
207 the swimming pool or spa for the purpose of water treatment.
208 Section 7. Effective October 1, 2014, subsection (3) of
209 section 489.105, Florida Statutes, is amended to read:
210 489.105 Definitions.— As used in this part:
211 (3) “Contractor” means the person who is qualified for, and
212 is only responsible for, the project contracted for and means,
213 except as exempted in this part, the person who, for
214 compensation, undertakes to, submits a bid to, or does himself
215 or herself or by others construct, repair, alter, remodel, add
216 to, demolish, maintain for purposes of water treatment, subtract
217 from, or improve any building or structure, including related
218 improvements to real estate, for others or for resale to others;
219 and whose job scope is substantially similar to the job scope
220 described in one of the paragraphs of this subsection. For the
221 purposes of regulation under this part, the term “demolish”
222 applies only to demolition of steel tanks more than 50 feet in
223 height; towers more than 50 feet in height; other structures
224 more than 50 feet in height; and all buildings or residences.
225 For purposes of regulation under this part, the phrase “maintain
226 for purposes of water treatment” applies only to cleaning,
227 maintenance, and water treatment of swimming pools and spas.
228 Contractors are subdivided into two divisions, Division I,
229 consisting of those contractors defined in paragraphs (a)-(c),
230 and Division II, consisting of those contractors defined in
231 paragraphs (d)-(q):
232 (a) “General contractor” means a contractor whose services
233 are unlimited as to the type of work which he or she may do, who
234 may contract for any activity requiring licensure under this
235 part, and who may perform any work requiring licensure under
236 this part, except as otherwise expressly provided in s. 489.113.
237 (b) “Building contractor” means a contractor whose services
238 are limited to construction of commercial buildings and single
239 dwelling or multiple-dwelling residential buildings, which do
240 not exceed three stories in height, and accessory use structures
241 in connection therewith or a contractor whose services are
242 limited to remodeling, repair, or improvement of any size
243 building if the services do not affect the structural members of
244 the building.
245 (c) “Residential contractor” means a contractor whose
246 services are limited to construction, remodeling, repair, or
247 improvement of one-family, two-family, or three-family
248 residences not exceeding two habitable stories above no more
249 than one uninhabitable story and accessory use structures in
250 connection therewith.
251 (d) “Sheet metal contractor” means a contractor whose
252 services are unlimited in the sheet metal trade and who has the
253 experience, knowledge, and skill necessary for the manufacture,
254 fabrication, assembling, handling, erection, installation,
255 dismantling, conditioning, adjustment, insulation, alteration,
256 repair, servicing, or design, if not prohibited by law, of
257 ferrous or nonferrous metal work of U.S. No. 10 gauge or its
258 equivalent or lighter gauge and of other materials, including,
259 but not limited to, fiberglass, used in lieu thereof and of air
260 handling systems, including the setting of air-handling
261 equipment and reinforcement of same, the balancing of air
262 handling systems, and any duct cleaning and equipment sanitizing
263 that requires at least a partial disassembling of the system.
264 (e) “Roofing contractor” means a contractor whose services
265 are unlimited in the roofing trade and who has the experience,
266 knowledge, and skill to install, maintain, repair, alter,
267 extend, or design, if not prohibited by law, and use materials
268 and items used in the installation, maintenance, extension, and
269 alteration of all kinds of roofing, waterproofing, and coating,
270 except when coating is not represented to protect, repair,
271 waterproof, stop leaks, or extend the life of the roof. The
272 scope of work of a roofing contractor also includes skylights
273 and any related work, required roof-deck attachments, and any
274 repair or replacement of wood roof sheathing or fascia as needed
275 during roof repair or replacement and any related work.
276 (f) “Class A air-conditioning contractor” means a
277 contractor whose services are unlimited in the execution of
278 contracts requiring the experience, knowledge, and skill to
279 install, maintain, repair, fabricate, alter, extend, or design,
280 if not prohibited by law, central air-conditioning,
281 refrigeration, heating, and ventilating systems, including duct
282 work in connection with a complete system if such duct work is
283 performed by the contractor as necessary to complete an air
284 distribution system, boiler and unfired pressure vessel systems,
285 and all appurtenances, apparatus, or equipment used in
286 connection therewith, and any duct cleaning and equipment
287 sanitizing that requires at least a partial disassembling of the
288 system; to install, maintain, repair, fabricate, alter, extend,
289 or design, if not prohibited by law, piping, insulation of
290 pipes, vessels and ducts, pressure and process piping, and
291 pneumatic control piping; to replace, disconnect, or reconnect
292 power wiring on the load side of the dedicated existing
293 electrical disconnect switch; to install, disconnect, and
294 reconnect low voltage heating, ventilating, and air-conditioning
295 control wiring; and to install a condensate drain from an air
296 conditioning unit to an existing safe waste or other approved
297 disposal other than a direct connection to a sanitary system.
298 The scope of work for such contractor also includes any
299 excavation work incidental thereto, but does not include any
300 work such as liquefied petroleum or natural gas fuel lines
301 within buildings, except for disconnecting or reconnecting
302 changeouts of liquefied petroleum or natural gas appliances
303 within buildings; potable water lines or connections thereto;
304 sanitary sewer lines; swimming pool piping and filters; or
305 electrical power wiring. A Class A air-conditioning contractor
306 may test and evaluate central air-conditioning, refrigeration,
307 heating, and ventilating systems, including duct work; however,
308 a mandatory licensing requirement is not established for the
309 performance of these specific services.
310 (g) “Class B air-conditioning contractor” means a
311 contractor whose services are limited to 25 tons of cooling and
312 500,000 Btu of heating in any one system in the execution of
313 contracts requiring the experience, knowledge, and skill to
314 install, maintain, repair, fabricate, alter, extend, or design,
315 if not prohibited by law, central air-conditioning,
316 refrigeration, heating, and ventilating systems, including duct
317 work in connection with a complete system only to the extent
318 such duct work is performed by the contractor as necessary to
319 complete an air-distribution system being installed under this
320 classification, and any duct cleaning and equipment sanitizing
321 that requires at least a partial disassembling of the system; to
322 install, maintain, repair, fabricate, alter, extend, or design,
323 if not prohibited by law, piping and insulation of pipes,
324 vessels, and ducts; to replace, disconnect, or reconnect power
325 wiring on the load side of the dedicated existing electrical
326 disconnect switch; to install, disconnect, and reconnect low
327 voltage heating, ventilating, and air-conditioning control
328 wiring; and to install a condensate drain from an air
329 conditioning unit to an existing safe waste or other approved
330 disposal other than a direct connection to a sanitary system.
331 The scope of work for such contractor also includes any
332 excavation work incidental thereto, but does not include any
333 work such as liquefied petroleum or natural gas fuel lines
334 within buildings, except for disconnecting or reconnecting
335 changeouts of liquefied petroleum or natural gas appliances
336 within buildings; potable water lines or connections thereto;
337 sanitary sewer lines; swimming pool piping and filters; or
338 electrical power wiring. A Class B air-conditioning contractor
339 may test and evaluate central air-conditioning, refrigeration,
340 heating, and ventilating systems, including duct work; however,
341 a mandatory licensing requirement is not established for the
342 performance of these specific services.
343 (h) “Class C air-conditioning contractor” means a
344 contractor whose business is limited to the servicing of air
345 conditioning, heating, or refrigeration systems, including any
346 duct cleaning and equipment sanitizing that requires at least a
347 partial disassembling of the system, and whose certification or
348 registration, issued pursuant to this part, was valid on October
349 1, 1988. Only a person who was registered or certified as a
350 Class C air-conditioning contractor as of October 1, 1988, shall
351 be so registered or certified after October 1, 1988. However,
352 the board shall continue to license and regulate those Class C
353 air-conditioning contractors who held Class C licenses before
354 October 1, 1988.
355 (i) “Mechanical contractor” means a contractor whose
356 services are unlimited in the execution of contracts requiring
357 the experience, knowledge, and skill to install, maintain,
358 repair, fabricate, alter, extend, or design, if not prohibited
359 by law, central air-conditioning, refrigeration, heating, and
360 ventilating systems, including duct work in connection with a
361 complete system if such duct work is performed by the contractor
362 as necessary to complete an air-distribution system, boiler and
363 unfired pressure vessel systems, lift station equipment and
364 piping, and all appurtenances, apparatus, or equipment used in
365 connection therewith, and any duct cleaning and equipment
366 sanitizing that requires at least a partial disassembling of the
367 system; to install, maintain, repair, fabricate, alter, extend,
368 or design, if not prohibited by law, piping, insulation of
369 pipes, vessels and ducts, pressure and process piping, pneumatic
370 control piping, gasoline tanks and pump installations and piping
371 for same, standpipes, air piping, vacuum line piping, oxygen
372 lines, nitrous oxide piping, ink and chemical lines, fuel
373 transmission lines, liquefied petroleum gas lines within
374 buildings, and natural gas fuel lines within buildings; to
375 replace, disconnect, or reconnect power wiring on the load side
376 of the dedicated existing electrical disconnect switch; to
377 install, disconnect, and reconnect low voltage heating,
378 ventilating, and air-conditioning control wiring; and to install
379 a condensate drain from an air-conditioning unit to an existing
380 safe waste or other approved disposal other than a direct
381 connection to a sanitary system. The scope of work for such
382 contractor also includes any excavation work incidental thereto,
383 but does not include any work such as potable water lines or
384 connections thereto, sanitary sewer lines, swimming pool piping
385 and filters, or electrical power wiring. A mechanical contractor
386 may test and evaluate central air-conditioning, refrigeration,
387 heating, and ventilating systems, including duct work; however,
388 a mandatory licensing requirement is not established for the
389 performance of these specific services.
390 (j) “Commercial pool/spa contractor” means a contractor
391 whose scope of work involves, but is not limited to, the
392 construction, repair, water treatment, maintenance, and
393 servicing of any swimming pool, or hot tub or spa, whether
394 public, private, or otherwise, regardless of use. The scope of
395 work includes the installation, repair, or replacement of
396 existing equipment, any cleaning or equipment sanitizing that
397 requires at least a partial disassembling, excluding filter
398 changes, and the installation of new pool/spa equipment,
399 interior finishes, the installation of package pool heaters, the
400 installation of all perimeter piping and filter piping, and the
401 construction of equipment rooms or housing for pool/spa
402 equipment, and also includes the scope of work of a swimming
403 pool/spa servicing contractor. The scope of such work does not
404 include direct connections to a sanitary sewer system or to
405 potable water lines. The installation, construction,
406 modification, or replacement of equipment permanently attached
407 to and associated with the pool or spa for the purpose of water
408 treatment or cleaning of the pool or spa requires licensure;
409 however, the usage of such equipment for the purposes of water
410 treatment or cleaning does not require licensure unless the
411 usage involves construction, modification, or replacement of
412 such equipment. Water treatment that does not require such
413 equipment does not require a license. In addition, a license is
414 not required for the cleaning of the pool or spa in a way that
415 does not affect the structural integrity of the pool or spa or
416 its associated equipment.
417 (k) “Residential pool/spa contractor” means a contractor
418 whose scope of work involves, but is not limited to, the
419 construction, repair, water treatment, maintenance, and
420 servicing of a residential swimming pool, or hot tub or spa,
421 regardless of use. The scope of work includes the installation,
422 repair, or replacement of existing equipment, any cleaning or
423 equipment sanitizing that requires at least a partial
424 disassembling, excluding filter changes, and the installation of
425 new pool/spa equipment, interior finishes, the installation of
426 package pool heaters, the installation of all perimeter piping
427 and filter piping, and the construction of equipment rooms or
428 housing for pool/spa equipment, and also includes the scope of
429 work of a swimming pool/spa servicing contractor. The scope of
430 such work does not include direct connections to a sanitary
431 sewer system or to potable water lines. The installation,
432 construction, modification, or replacement of equipment
433 permanently attached to and associated with the pool or spa for
434 the purpose of water treatment or cleaning of the pool or spa
435 requires licensure; however, the usage of such equipment for the
436 purposes of water treatment or cleaning does not require
437 licensure unless the usage involves construction, modification,
438 or replacement of such equipment. Water treatment that does not
439 require such equipment does not require a license. In addition,
440 a license is not required for the cleaning of the pool or spa in
441 a way that does not affect the structural integrity of the pool
442 or spa or its associated equipment.
443 (l) “Swimming pool/spa servicing contractor” means a
444 contractor whose scope of work involves, but is not limited to,
445 the repair, water treatment, maintenance, and servicing of a
446 swimming pool, or hot tub or spa, whether public or private, or
447 otherwise, regardless of use. The scope of work includes the
448 repair or replacement of existing equipment, any sanitation,
449 chemical balancing, routine maintenance or cleaning, cleaning or
450 equipment sanitizing that requires at least a partial
451 disassembling, excluding filter changes, and the installation of
452 new pool/spa equipment, interior refinishing, the reinstallation
453 or addition of pool heaters, the repair or replacement of all
454 perimeter piping and filter piping, the repair of equipment
455 rooms or housing for pool/spa equipment, and the substantial or
456 complete draining of a swimming pool, or hot tub or spa, for the
457 purpose of repair, or renovation, or water treatment. The scope
458 of such work does not include direct connections to a sanitary
459 sewer system or to potable water lines. The installation,
460 construction, modification, substantial or complete disassembly,
461 or replacement of equipment permanently attached to and
462 associated with the pool or spa for the purpose of water
463 treatment or cleaning of the pool or spa requires licensure;
464 however, the usage of such equipment for the purposes of water
465 treatment or cleaning does not require licensure unless the
466 usage involves construction, modification, substantial or
467 complete disassembly, or replacement of such equipment. Water
468 treatment that does not require such equipment does not require
469 a license. In addition, a license is not required for the
470 cleaning of the pool or spa in a way that does not affect the
471 structural integrity of the pool or spa or its associated
472 equipment.
473 (m) “Plumbing contractor” means a contractor whose services
474 are unlimited in the plumbing trade and includes contracting
475 business consisting of the execution of contracts requiring the
476 experience, financial means, knowledge, and skill to install,
477 maintain, repair, alter, extend, or, if not prohibited by law,
478 design plumbing. A plumbing contractor may install, maintain,
479 repair, alter, extend, or, if not prohibited by law, design the
480 following without obtaining an additional local regulatory
481 license, certificate, or registration: sanitary drainage or
482 storm drainage facilities, water and sewer plants and
483 substations, venting systems, public or private water supply
484 systems, septic tanks, drainage and supply wells, swimming pool
485 piping, irrigation systems, and solar heating water systems and
486 all appurtenances, apparatus, or equipment used in connection
487 therewith, including boilers and pressure process piping and
488 including the installation of water, natural gas, liquefied
489 petroleum gas and related venting, and storm and sanitary sewer
490 lines. The scope of work of the plumbing contractor also
491 includes the design, if not prohibited by law, and installation,
492 maintenance, repair, alteration, or extension of air-piping,
493 vacuum line piping, oxygen line piping, nitrous oxide piping,
494 and all related medical gas systems; fire line standpipes and
495 fire sprinklers if authorized by law; ink and chemical lines;
496 fuel oil and gasoline piping and tank and pump installation,
497 except bulk storage plants; and pneumatic control piping
498 systems, all in a manner that complies with all plans,
499 specifications, codes, laws, and regulations applicable. The
500 scope of work of the plumbing contractor applies to private
501 property and public property, including any excavation work
502 incidental thereto, and includes the work of the specialty
503 plumbing contractor. Such contractor shall subcontract, with a
504 qualified contractor in the field concerned, all other work
505 incidental to the work but which is specified as being the work
506 of a trade other than that of a plumbing contractor. This
507 definition does not limit the scope of work of any specialty
508 contractor certified pursuant to s. 489.113(6), and does not
509 require certification or registration under this part of any
510 authorized employee of a public natural gas utility or of a
511 private natural gas utility regulated by the Public Service
512 Commission when disconnecting and reconnecting water lines in
513 the servicing or replacement of an existing water heater. A
514 plumbing contractor may perform drain cleaning and clearing and
515 install or repair rainwater catchment systems; however, a
516 mandatory licensing requirement is not established for the
517 performance of these specific services.
518 (n) “Underground utility and excavation contractor” means a
519 contractor whose services are limited to the construction,
520 installation, and repair, on public or private property, whether
521 accomplished through open excavations or through other means,
522 including, but not limited to, directional drilling, auger
523 boring, jacking and boring, trenchless technologies, wet and dry
524 taps, grouting, and slip lining, of main sanitary sewer
525 collection systems, main water distribution systems, storm sewer
526 collection systems, and the continuation of utility lines from
527 the main systems to a point of termination up to and including
528 the meter location for the individual occupancy, sewer
529 collection systems at property line on residential or single
530 occupancy commercial properties, or on multioccupancy properties
531 at manhole or wye lateral extended to an invert elevation as
532 engineered to accommodate future building sewers, water
533 distribution systems, or storm sewer collection systems at storm
534 sewer structures. However, an underground utility and excavation
535 contractor may install empty underground conduits in rights-of
536 way, easements, platted rights-of-way in new site development,
537 and sleeves for parking lot crossings no smaller than 2 inches
538 in diameter if each conduit system installed is designed by a
539 licensed professional engineer or an authorized employee of a
540 municipality, county, or public utility and the installation of
541 such conduit does not include installation of any conductor
542 wiring or connection to an energized electrical system. An
543 underground utility and excavation contractor may not install
544 piping that is an integral part of a fire protection system as
545 defined in s. 633.021 beginning at the point where the piping is
546 used exclusively for such system.
547 (o) “Solar contractor” means a contractor whose services
548 consist of the installation, alteration, repair, maintenance,
549 relocation, or replacement of solar panels for potable solar
550 water heating systems, swimming pool solar heating systems, and
551 photovoltaic systems and any appurtenances, apparatus, or
552 equipment used in connection therewith, whether public, private,
553 or otherwise, regardless of use. A contractor, certified or
554 registered pursuant to this chapter, is not required to become a
555 certified or registered solar contractor or to contract with a
556 solar contractor in order to provide services enumerated in this
557 paragraph that are within the scope of the services such
558 contractors may render under this part.
559 (p) “Pollutant storage systems contractor” means a
560 contractor whose services are limited to, and who has the
561 experience, knowledge, and skill to install, maintain, repair,
562 alter, extend, or design, if not prohibited by law, and use
563 materials and items used in the installation, maintenance,
564 extension, and alteration of, pollutant storage tanks. Any
565 person installing a pollutant storage tank shall perform such
566 installation in accordance with the standards adopted pursuant
567 to s. 376.303.
568 (q) “Specialty contractor” means a contractor whose scope
569 of work and responsibility is limited to a particular phase of
570 construction established in a category adopted by board rule and
571 whose scope is limited to a subset of the activities described
572 in one of the paragraphs of this subsection.
573 Section 8. Effective October 1, 2014, subsection (2) of
574 section 489.111, Florida Statutes, is amended to read:
575 489.111 Licensure by examination.—
576 (2) A person shall be eligible for licensure by examination
577 if the person:
578 (a) Is 18 years of age;
579 (b) Is of good moral character; and
580 (c) Meets eligibility requirements according to one of the
581 following criteria:
582 1. Has received a baccalaureate degree from an accredited
583 4-year college in the appropriate field of engineering,
584 architecture, or building construction and has 1 year of proven
585 experience in the category in which the person seeks to qualify.
586 For the purpose of this part, a minimum of 2,000 person-hours
587 shall be used in determining full-time equivalency.
588 2. Has a total of at least 4 years of active experience as
589 a worker who has learned the trade by serving an apprenticeship
590 as a skilled worker who is able to command the rate of a
591 mechanic in the particular trade or as a foreman who is in
592 charge of a group of workers and usually is responsible to a
593 superintendent or a contractor or his or her equivalent,
594 provided, however, that at least 1 year of active experience
595 shall be as a foreman.
596 3. Has a combination of not less than 1 year of experience
597 as a foreman and not less than 3 years of credits for any
598 accredited college-level courses; has a combination of not less
599 than 1 year of experience as a skilled worker, 1 year of
600 experience as a foreman, and not less than 2 years of credits
601 for any accredited college-level courses; or has a combination
602 of not less than 2 years of experience as a skilled worker, 1
603 year of experience as a foreman, and not less than 1 year of
604 credits for any accredited college-level courses. All junior
605 college or community college-level courses shall be considered
606 accredited college-level courses.
607 4.a. An active certified residential contractor is eligible
608 to take the building contractors’ examination if he or she
609 possesses a minimum of 3 years of proven experience in the
610 classification in which he or she is certified.
611 b. An active certified residential contractor is eligible
612 to take the general contractors’ examination if he or she
613 possesses a minimum of 4 years of proven experience in the
614 classification in which he or she is certified.
615 c. An active certified building contractor is eligible to
616 take the general contractors’ examination if he or she possesses
617 a minimum of 4 years of proven experience in the classification
618 in which he or she is certified.
619 5.a. An active certified air-conditioning Class C
620 contractor is eligible to take the air-conditioning Class B
621 contractors’ examination if he or she possesses a minimum of 3
622 years of proven experience in the classification in which he or
623 she is certified.
624 b. An active certified air-conditioning Class C contractor
625 is eligible to take the air-conditioning Class A contractors’
626 examination if he or she possesses a minimum of 4 years of
627 proven experience in the classification in which he or she is
628 certified.
629 c. An active certified air-conditioning Class B contractor
630 is eligible to take the air-conditioning Class A contractors’
631 examination if he or she possesses a minimum of 1 year of proven
632 experience in the classification in which he or she is
633 certified.
634 6.a. An active certified swimming pool servicing contractor
635 is eligible to take the residential swimming pool contractors’
636 examination if he or she possesses a minimum of 3 years of
637 proven experience in the classification in which he or she is
638 certified.
639 b. An active certified swimming pool servicing contractor
640 is eligible to take the swimming pool commercial contractors’
641 examination if he or she possesses a minimum of 4 years of
642 proven experience in the classification in which he or she is
643 certified.
644 c. An active certified residential swimming pool contractor
645 is eligible to take the commercial swimming pool contractors’
646 examination if he or she possesses a minimum of 1 year of proven
647 experience in the classification in which he or she is
648 certified.
649 d. An applicant is eligible to take the swimming pool/spa
650 servicing contractors’ examination if he or she has
651 satisfactorily completed 60 hours of instruction in courses and
652 20 hours of field hands-on instruction related to the scope of
653 work covered by that license and approved by the Construction
654 Industry Licensing Board by rule and has at least 1 year of
655 proven experience related to the scope of work of such a
656 contractor.
657 Section 9. The amendments to s. 489.113(2), Florida
658 Statutes, by section 11 of chapter 2012-13, Laws of Florida, are
659 remedial in nature and intended to clarify existing law. This
660 section applies retroactively to any action initiated or pending
661 on or after March 23, 2012.
662 Section 10. Paragraphs (c) and (f) of subsection (5) and
663 subsection (6) of section 489.127, Florida Statutes, are amended
664 to read:
665 489.127 Prohibitions; penalties.—
666 (5) Each county or municipality may, at its option,
667 designate one or more of its code enforcement officers, as
668 defined in chapter 162, to enforce, as set out in this
669 subsection, the provisions of subsection (1) and s. 489.132(1)
670 against persons who engage in activity for which a county or
671 municipal certificate of competency or license or state
672 certification or registration is required.
673 (c) The local governing body of the county or municipality
674 may is authorized to enforce codes and ordinances against
675 unlicensed contractors under the provisions of this subsection
676 and may enact an ordinance establishing procedures for
677 implementing this subsection, including a schedule of penalties
678 to be assessed by the code enforcement officer. The maximum
679 civil penalty which may be levied may shall not exceed $2,000
680 $500. Moneys collected pursuant to this subsection shall be
681 retained locally, as provided for by local ordinance, and may be
682 set aside in a specific fund to support future enforcement
683 activities against unlicensed contractors.
684 (f) If the enforcement or licensing board or designated
685 special magistrate finds that a violation exists, the
686 enforcement or licensing board or designated special magistrate
687 may order the violator to pay a civil penalty of not less than
688 the amount set forth on the citation but not more than $2,500
689 $1,000 per day for each violation. In determining the amount of
690 the penalty, the enforcement or licensing board or designated
691 special magistrate shall consider the following factors:
692 1. The gravity of the violation.
693 2. Any actions taken by the violator to correct the
694 violation.
695 3. Any previous violations committed by the violator.
696 (6) Local building departments may collect outstanding
697 fines against registered or certified contractors issued by the
698 Construction Industry Licensing Board and may retain 75 25
699 percent of the fines they are able to collect, provided that
700 they transmit 25 75 percent of the fines they are able to
701 collect to the department according to a procedure to be
702 determined by the department.
703 Section 11. Paragraph (a) of subsection (7) of section
704 489.131, Florida Statutes, is amended to read:
705 489.131 Applicability.—
706 (7)(a) It is the policy of the state that the purpose of
707 regulation is to protect the public by attaining compliance with
708 the policies established in law. Fines and other penalties are
709 provided in order to ensure compliance; however, the collection
710 of fines and the imposition of penalties are intended to be
711 secondary to the primary goal of attaining compliance with state
712 laws and local jurisdiction ordinances. It is the intent of the
713 Legislature that a local jurisdiction agency charged with
714 enforcing regulatory laws shall issue a notice of noncompliance
715 as its first response to a minor violation of a regulatory law
716 in any instance in which it is reasonable to assume that the
717 violator was unaware of such a law or unclear as to how to
718 comply with it. A violation of a regulatory law is a “minor
719 violation” if it does not result in economic or physical harm to
720 a person or adversely affect the public health, safety, or
721 welfare or create a significant threat of such harm. A “notice
722 of noncompliance” is a notification by the local jurisdiction
723 agency charged with enforcing the ordinance, which is issued to
724 the licensee that is subject to the ordinance. A notice of
725 noncompliance should not be accompanied with a fine or other
726 disciplinary penalty. It should identify the specific ordinance
727 that is being violated, provide information on how to comply
728 with the ordinance, and specify a reasonable time for the
729 violator to comply with the ordinance. Failure of a licensee to
730 take action correcting the violation within a set period of time
731 would then result in the institution of further disciplinary
732 proceedings.
733 Section 12. Section 489.514, Florida Statutes, is amended
734 to read:
735 489.514 Certification for registered contractors;
736 grandfathering provisions.—
737 (1) The board shall, upon receipt of a completed
738 application, appropriate fee, and proof of compliance with the
739 provisions of this section, issue:
740 (a) To an applying registered electrical contractor, a
741 certificate as an electrical contractor, as defined in s.
742 489.505(12); or
743 (b) To an applying registered alarm system contractor, a
744 certificate in the matching alarm system contractor category, as
745 defined in s. 489.505(2)(a) or (b); or
746 (c) To an applying registered electrical specialty
747 contractor, a certificate in the matching electrical specialty
748 contractor category, as defined in s. 489.505(19).
749 (2) Any contractor registered under this part who makes
750 application under this section to the board shall meet each of
751 the following requirements for certification:
752 (a) Currently holds a valid registered local license in the
753 category of electrical contractor, alarm system contractor, or
754 electrical specialty contractor.
755 (b) Has, for that category, passed a written, proctored
756 examination that the board finds to be substantially similar to
757 the examination required to be licensed as a certified
758 contractor under this part. For purposes of this subsection, a
759 written, proctored examination such as that produced by the
760 National Assessment Institute, Block and Associates, NAI/Block,
761 Experior Assessments, Professional Testing, Inc., or Assessment
762 Systems, Inc., shall be considered to be substantially similar
763 to the examination required to be licensed as a certified
764 contractor. The board may not impose or make any requirements
765 regarding the nature or content of these cited examinations.
766 (c) Has at least 5 years of experience as a contractor in
767 that contracting category, or as an inspector or building
768 administrator with oversight over that category, at the time of
769 application. For contractors, only time periods in which the
770 contractor license is active and the contractor is not on
771 probation shall count toward the 5 years required under this
772 subsection.
773 (d) Has not had his or her contractor’s license revoked at
774 any time, had his or her contractor’s license suspended in the
775 last 5 years, or been assessed a fine in excess of $500 in the
776 last 5 years.
777 (e) Is in compliance with the insurance and financial
778 responsibility requirements in s. 489.515(1)(b).
779 (3) An applicant must make application by November 1, 2015
780 2004, to be licensed pursuant to this section.
781 Section 13. Paragraph (c) and (f) of subsection (4) of
782 section 489.531, Florida Statutes, are amended to read:
783 489.531 Prohibitions; penalties.—
784 (4) Each county or municipality may, at its option,
785 designate one or more of its code enforcement officers, as
786 defined in chapter 162, to enforce, as set out in this
787 subsection, the provisions of subsection (1) against persons who
788 engage in activity for which county or municipal certification
789 is required.
790 (c) The local governing body of the county or municipality
791 may is authorized to enforce codes and ordinances against
792 unlicensed contractors under the provisions of this section and
793 may enact an ordinance establishing procedures for implementing
794 this section, including a schedule of penalties to be assessed
795 by the code enforcement officers. The maximum civil penalty
796 which may be levied may shall not exceed $2,000 $500. Moneys
797 collected pursuant to this section shall be retained locally as
798 provided for by local ordinance and may be set aside in a
799 specific fund to support future enforcement activities against
800 unlicensed contractors.
801 (f) If the enforcement or licensing board or designated
802 special magistrate finds that a violation exists, the
803 enforcement or licensing board or designated special magistrate
804 may order the violator to pay a civil penalty of not less than
805 the amount set forth on the citation but not more than $2,500
806 $500 per day for each violation. In determining the amount of
807 the penalty, the enforcement or licensing board or designated
808 special magistrate shall consider the following factors:
809 1. The gravity of the violation.
810 2. Any actions taken by the violator to correct the
811 violation.
812 3. Any previous violations committed by the violator.
813 Section 14. Present subsections (6) through (11) of section
814 553.71, Florida Statutes, are redesignated as subsections (7)
815 through (12), respectively, and a new subsection (6) is added to
816 that section, to read:
817 553.71 Definitions.—As used in this part, the term:
818 (6) “Local technical amendment” means an action by a local
819 governing authority that results in a technical change to the
820 Florida Building Code and its local enforcement.
821 Section 15. Subsection (17) of section 553.73, Florida
822 Statutes, is amended to read:
823 553.73 Florida Building Code.—
824 (17) A provision The provisions of section R313 of the most
825 current version of the International Residential Code relating
826 to mandated fire sprinklers may not be incorporated into the
827 Florida Building Code as adopted by the Florida Building
828 Commission and may not be adopted as a local amendment to the
829 Florida Building Code. This subsection does not prohibit the
830 application of cost-saving incentives for residential fire
831 sprinklers that are authorized in the International Residential
832 Code upon a mutual agreement between the builder and the code
833 official. This subsection does not apply to a local government
834 that has a lawfully adopted ordinance relating to fire
835 sprinklers which has been in effect since January 1, 2010.
836 Section 16. Subsection (1) of section 553.74, Florida
837 Statutes, is amended to read:
838 553.74 Florida Building Commission.—
839 (1) The Florida Building Commission is created and located
840 within the Department of Business and Professional Regulation
841 for administrative purposes. Members are shall be appointed by
842 the Governor subject to confirmation by the Senate. The
843 commission is shall be composed of 26 25 members, consisting of
844 the following:
845 (a) One architect registered to practice in this state and
846 actively engaged in the profession. The American Institute of
847 Architects, Florida Section, is encouraged to recommend a list
848 of candidates for consideration.
849 (b) One structural engineer registered to practice in this
850 state and actively engaged in the profession. The Florida
851 Engineering Society is encouraged to recommend a list of
852 candidates for consideration.
853 (c) One air-conditioning or mechanical contractor certified
854 to do business in this state and actively engaged in the
855 profession. The Florida Air Conditioning Contractors
856 Association, the Florida Refrigeration and Air Conditioning
857 Contractors Association, and the Mechanical Contractors
858 Association of Florida are encouraged to recommend a list of
859 candidates for consideration.
860 (d) One electrical contractor certified to do business in
861 this state and actively engaged in the profession. The Florida
862 Electrical Contractors Association and the National Electrical
863 Contractors Association, Florida Chapter, are encouraged to
864 recommend a list of candidates for consideration.
865 (e) One member from fire protection engineering or
866 technology who is actively engaged in the profession. The
867 Florida Chapter of the Society of Fire Protection Engineers and
868 the Florida Fire Marshals and Inspectors Association are
869 encouraged to recommend a list of candidates for consideration.
870 (f) One general contractor certified to do business in this
871 state and actively engaged in the profession. The Associated
872 Builders and Contractors of Florida, the Florida Associated
873 General Contractors Council, and the Union Contractors
874 Association are encouraged to recommend a list of candidates for
875 consideration.
876 (g) One plumbing contractor licensed to do business in this
877 state and actively engaged in the profession. The Florida
878 Association of Plumbing, Heating, and Cooling Contractors is
879 encouraged to recommend a list of candidates for consideration.
880 (h) One roofing or sheet metal contractor certified to do
881 business in this state and actively engaged in the profession.
882 The Florida Roofing, Sheet Metal, and Air Conditioning
883 Contractors Association and the Sheet Metal and Air Conditioning
884 Contractors National Association are encouraged to recommend a
885 list of candidates for consideration.
886 (i) One residential contractor licensed to do business in
887 this state and actively engaged in the profession. The Florida
888 Home Builders Association is encouraged to recommend a list of
889 candidates for consideration.
890 (j) Three members who are municipal or district codes
891 enforcement officials, one of whom is also a fire official. The
892 Building Officials Association of Florida and the Florida Fire
893 Marshals and Inspectors Association are encouraged to recommend
894 a list of candidates for consideration.
895 (k) One member who represents the Department of Financial
896 Services.
897 (l) One member who is a county codes enforcement official.
898 The Building Officials Association of Florida is encouraged to
899 recommend a list of candidates for consideration.
900 (m) One member of a Florida-based organization of persons
901 with disabilities or a nationally chartered organization of
902 persons with disabilities with chapters in this state.
903 (n) One member of the manufactured buildings industry who
904 is licensed to do business in this state and is actively engaged
905 in the industry. The Florida Manufactured Housing Association is
906 encouraged to recommend a list of candidates for consideration.
907 (o) One mechanical or electrical engineer registered to
908 practice in this state and actively engaged in the profession.
909 The Florida Engineering Society is encouraged to recommend a
910 list of candidates for consideration.
911 (p) One member who is a representative of a municipality or
912 a charter county. The Florida League of Cities and the Florida
913 Association of Counties are encouraged to recommend a list of
914 candidates for consideration.
915 (q) One member of the building products manufacturing
916 industry who is authorized to do business in this state and is
917 actively engaged in the industry. The Florida Building Material
918 Association, the Florida Concrete and Products Association, and
919 the Fenestration Manufacturers Association are encouraged to
920 recommend a list of candidates for consideration.
921 (r) One member who is a representative of the building
922 owners and managers industry who is actively engaged in
923 commercial building ownership or management. The Building Owners
924 and Managers Association is encouraged to recommend a list of
925 candidates for consideration.
926 (s) One member who is a representative of the insurance
927 industry. The Florida Insurance Council is encouraged to
928 recommend a list of candidates for consideration.
929 (t) One member who is a representative of public education.
930 (u) One member who is a swimming pool contractor licensed
931 to do business in this state and actively engaged in the
932 profession. The Florida Swimming Pool Association and the United
933 Pool and Spa Association are encouraged to recommend a list of
934 candidates for consideration.
935 (v) One member who is a representative of the green
936 building industry and who is a third-party commission agent, a
937 Florida board member of the United States Green Building Council
938 or Green Building Initiative, a professional who is accredited
939 under the International Green Construction Code (IGCC), or a
940 professional who is accredited under Leadership in Energy and
941 Environmental Design (LEED).
942 (w) One member who is a representative of a natural gas
943 distribution system and who is actively engaged in the
944 distribution of natural gas in this state. The Florida Natural
945 Gas Association is encouraged to recommend a list of candidates
946 for consideration.
947 (x)(w) One member who shall be the chair.
948
949 Any person serving on the commission under paragraph (c) or
950 paragraph (h) on October 1, 2003, and who has served less than
951 two full terms is eligible for reappointment to the commission
952 regardless of whether he or she meets the new qualification.
953 Section 17. Subsection (18) is added to section 553.79,
954 Florida Statutes, to read:
955 553.79 Permits; applications; issuance; inspections.—
956 (18) For the purpose of inspection and record retention,
957 site plans for a building may be maintained in the form of an
958 electronic copy at the worksite. These plans must be open to
959 inspection by the building official or a duly authorized
960 representative, as required by the Florida Building Code.
961 Section 18. Paragraph (a) of subsection (5) of section
962 553.842, Florida Statutes, is amended to read:
963 553.842 Product evaluation and approval.—
964 (5) Statewide approval of products, methods, or systems of
965 construction may be achieved by one of the following methods.
966 One of these methods must be used by the commission to approve
967 the following categories of products: panel walls, exterior
968 doors, roofing, skylights, windows, shutters, impact protective
969 systems, and structural components as established by the
970 commission by rule. A product may not be advertised, sold,
971 offered, provided, distributed, or marketed as hurricane,
972 windstorm, or impact protection from wind-borne debris from a
973 hurricane or windstorm unless it is approved pursuant to this
974 section or s. 553.8425. Any person who advertises, sells,
975 offers, provides, distributes, or markets a product as
976 hurricane, windstorm, or impact protection from wind-borne
977 debris without such approval is subject to the Florida Deceptive
978 and Unfair Trade Practices Act under part II of chapter 501
979 brought by the enforcing authority as defined in s. 501.203.
980 (a) Products for which the code establishes standardized
981 testing or comparative or rational analysis methods shall be
982 approved by submittal and validation of one of the following
983 reports or listings indicating that the product or method or
984 system of construction was in compliance with the Florida
985 Building Code and that the product or method or system of
986 construction is, for the purpose intended, at least equivalent
987 to that required by the Florida Building Code:
988 1. A certification mark or listing of an approved
989 certification agency, which may be used only for products for
990 which the code designates standardized testing;
991 2. A test report from an approved testing laboratory;
992 3. A product evaluation report based upon testing or
993 comparative or rational analysis, or a combination thereof, from
994 an approved product evaluation entity; or
995 4. A product evaluation report based upon testing or
996 comparative or rational analysis, or a combination thereof,
997 developed and signed and sealed by a professional engineer or
998 architect, licensed in this state.
999
1000 A product evaluation report or a certification mark or
1001 listing of an approved certification agency which demonstrates
1002 that the product or method or system of construction complies
1003 with the Florida Building Code for the purpose intended is
1004 equivalent to a test report and test procedure referenced in the
1005 Florida Building Code. An application for state approval of a
1006 product under subparagraph 1. or 3. must be approved by the
1007 department after the commission staff or a designee verifies
1008 that the application and related documentation are complete.
1009 This verification must be completed within 10 business days
1010 after receipt of the application. Upon approval by the
1011 department, the product shall be immediately added to the list
1012 of state-approved products maintained under subsection (13).
1013 Approvals by the department shall be reviewed and ratified by
1014 the commission’s program oversight committee except for a
1015 showing of good cause that a review by the full commission is
1016 necessary. The commission shall adopt rules providing means to
1017 cure deficiencies identified within submittals for products
1018 approved under this paragraph.
1019 Section 19. Section 553.901, Florida Statutes, is amended
1020 to read:
1021 553.901 Purpose of thermal efficiency code.—The Department
1022 of Business and Professional Regulation shall prepare a thermal
1023 efficiency code to provide for a statewide uniform standard for
1024 energy efficiency in the thermal design and operation of all
1025 buildings statewide, consistent with energy conservation goals,
1026 and to best provide for public safety, health, and general
1027 welfare. The Florida Building Commission shall adopt the Florida
1028 Building Code-Energy Conservation Florida Energy Efficiency Code
1029 for Building Construction within the Florida Building Code, and
1030 shall modify, revise, update, and maintain the code to implement
1031 the provisions of this thermal efficiency code and amendments
1032 thereto, in accordance with the procedures of chapter 120. The
1033 department shall, at least triennially, determine the most cost
1034 effective energy-saving equipment and techniques available and
1035 report its determinations to the commission, which shall update
1036 the code to incorporate such equipment and techniques. The
1037 proposed changes shall be made available for public review and
1038 comment no later than 6 months before prior to code
1039 implementation. The term “cost-effective,” as used in for the
1040 purposes of this part, means shall be construed to mean cost
1041 effective to the consumer.
1042 Section 20. Section 553.902, Florida Statutes, is reordered
1043 and amended to read:
1044 553.902 Definitions.—As used in For the purposes of this
1045 part, the term:
1046 (2)(1) “Exempted building” means:
1047 (a) A Any building or portion thereof whose peak design
1048 rate of energy usage for all purposes is less than 1 watt (3.4
1049 Btu per hour) per square foot of floor area for all purposes.
1050 (b) A Any building that which is neither heated nor cooled
1051 by a mechanical system designed to control or modify the indoor
1052 temperature and powered by electricity or fossil fuels.
1053 (c) A Any building for which federal mandatory standards
1054 preempt state energy codes.
1055 (d) A Any historical building as described in s.
1056 267.021(3).
1057
1058 The Florida Building Commission may recommend to the
1059 Legislature additional types of buildings which should be
1060 exempted from compliance with the Florida Building Code-Energy
1061 Conservation Florida Energy Efficiency Code for Building
1062 Construction.
1063 (4)(2) “HVAC” means a system of heating, ventilating, and
1064 air-conditioning.
1065 (6)(3) “Renovated building” means a residential or
1066 nonresidential building undergoing alteration that varies or
1067 changes insulation, HVAC systems, water heating systems, or
1068 exterior envelope conditions, if provided the estimated cost of
1069 renovation exceeds 30 percent of the assessed value of the
1070 structure.
1071 (5)(4) “Local enforcement agency” means the agency of local
1072 government which has the authority to make inspections of
1073 buildings and to enforce the Florida Building Code. The term It
1074 includes any agency within the definition of s. 553.71(5).
1075 (3)(5) “Exterior envelope physical characteristics” means
1076 the physical nature of those elements of a building which
1077 enclose conditioned spaces through which energy may be
1078 transferred to or from the exterior.
1079 (1)(6) “Energy performance level” means the indicator of
1080 the energy-related performance of a building, including, but not
1081 limited to, the levels of insulation, the amount and type of
1082 glass, and the HVAC and water heating system efficiencies.
1083 Section 21. Section 553.903, Florida Statutes, is amended
1084 to read:
1085 553.903 Applicability.—This part applies shall apply to all
1086 new and renovated buildings in the state, except exempted
1087 buildings, for which building permits are obtained after March
1088 15, 1979, and to the installation or replacement of building
1089 systems and components with new products for which thermal
1090 efficiency standards are set by the Florida Building Code-Energy
1091 Conservation Florida Energy Efficiency Code for Building
1092 Construction. The provisions of this part shall constitute a
1093 statewide uniform code.
1094 Section 22. Section 553.904, Florida Statutes, is amended
1095 to read:
1096 553.904 Thermal efficiency standards for new nonresidential
1097 buildings.—Thermal designs and operations for new nonresidential
1098 buildings for which building permits are obtained after March
1099 15, 1979, must shall at a minimum take into account exterior
1100 envelope physical characteristics, including thermal mass; HVAC,
1101 service water heating, energy distribution, lighting, energy
1102 managing, and auxiliary systems design and selection; and HVAC,
1103 service water heating, energy distribution, lighting, energy
1104 managing, and auxiliary equipment performance, and are shall not
1105 be required to meet standards more stringent than the provisions
1106 of the Florida Building Code-Energy Conservation Florida Energy
1107 Efficiency Code for Building Construction.
1108 Section 23. Section 553.905, Florida Statutes, is amended
1109 to read:
1110 553.905 Thermal efficiency standards for new residential
1111 buildings.—Thermal designs and operations for new residential
1112 buildings for which building permits are obtained after March
1113 15, 1979, must shall at a minimum take into account exterior
1114 envelope physical characteristics, HVAC system selection and
1115 configuration, HVAC equipment performance, and service water
1116 heating design and equipment selection and are shall not be
1117 required to meet standards more stringent than the provisions of
1118 the Florida Building Code-Energy Conservation Florida Energy
1119 Efficiency Code for Building Construction. HVAC equipment
1120 mounted in an attic or a garage is shall not be required to have
1121 supplemental insulation in addition to that installed by the
1122 manufacturer. All new residential buildings, except those herein
1123 exempted, must shall have insulation in ceilings rated at R-19
1124 or more, space permitting. Thermal efficiency standards do not
1125 apply to a building of less than 1,000 square feet which is not
1126 primarily used as a principal residence and which is constructed
1127 and owned by a natural person for hunting or similar
1128 recreational purposes; however, no such person may not build
1129 more than one exempt building in any 12-month period.
1130 Section 24. Section 553.906, Florida Statutes, is amended
1131 to read:
1132 553.906 Thermal efficiency standards for renovated
1133 buildings.—Thermal designs and operations for renovated
1134 buildings for which building permits are obtained after March
1135 15, 1979, must shall take into account insulation; windows;
1136 infiltration; and HVAC, service water heating, energy
1137 distribution, lighting, energy managing, and auxiliary systems
1138 design and equipment selection and performance. Such buildings
1139 are shall not be required to meet standards more stringent than
1140 the provisions of the Florida Building Code-Energy Conservation
1141 Florida Energy Efficiency Code for Building Construction. These
1142 standards apply only to those portions of the structure which
1143 are actually renovated.
1144 Section 25. Section 553.912, Florida Statutes, is amended
1145 to read:
1146 553.912 Air conditioners.—All air conditioners that are
1147 sold or installed in the state must shall meet the minimum
1148 efficiency ratings of the Florida Building Code-Energy
1149 Conservation Energy Efficiency Code for Building Construction.
1150 These efficiency ratings must shall be minimums and may be
1151 updated in the Florida Building Code-Energy Conservation Florida
1152 Energy Efficiency Code for Building Construction by the
1153 department in accordance with s. 553.901, following its
1154 determination that more cost-effective energy-saving equipment
1155 and techniques are available. It is the intent of the
1156 Legislature that all replacement air-conditioning systems in
1157 residential applications be installed using energy-saving,
1158 quality installation procedures, including, but not limited to,
1159 equipment sizing analysis and duct inspection. Notwithstanding
1160 this section, existing heating and cooling equipment in
1161 residential applications need not meet the minimum equipment
1162 efficiencies, including system sizing and duct sealing.
1163 Section 26. Section 553.991, Florida Statutes, is amended
1164 to read:
1165 553.991 Purpose.—The purpose of this part is to identify
1166 systems provide for a statewide uniform system for rating the
1167 energy efficiency of buildings. It is in the interest of the
1168 state to encourage the consideration of the energy-efficiency
1169 rating systems system in the market so as to provide market
1170 rewards for energy-efficient buildings and to those persons or
1171 companies designing, building, or selling energy-efficient
1172 buildings.
1173 Section 27. Section 553.992, Florida Statutes, is repealed.
1174 Section 28. Section 553.993, Florida Statutes, is amended
1175 to read:
1176 553.993 Definitions.—For purposes of this part:
1177 (1) “Acquisition” means to gain the sole or partial use of
1178 a building through a purchase agreement.
1179 (2) “Builder” means the primary contractor who possesses
1180 the requisite skill, knowledge, and experience, and has the
1181 responsibility, to supervise, direct, manage, and control the
1182 contracting activities of the business organization with which
1183 she or he is connected and who has the responsibility to
1184 supervise, direct, manage, and control the construction work on
1185 a job for which she or he has obtained the building permit.
1186 Construction work includes, but is not limited to, foundation,
1187 framing, wiring, plumbing, and finishing work.
1188 (3) “Building energy-efficiency rating system” means a
1189 whole building energy evaluation system established by the
1190 Residential Energy Services Network, the Commercial Energy
1191 Services Network, the Building Performance Institute, or the
1192 Florida Solar Energy Center.
1193 (4)(3) “Designer” means the architect, engineer, landscape
1194 architect, builder, interior designer, or other person who
1195 performs the actual design work or under whose direct
1196 supervision and responsible charge the construction documents
1197 are prepared.
1198 (5) “Energy auditor” means a trained and certified
1199 professional who conducts energy evaluations of an existing
1200 building and uses tools to identify the building’s current
1201 energy usage and the condition of the building and equipment.
1202 (6) “Energy-efficiency rating” means an unbiased indication
1203 of a building’s relative energy efficiency based on consistent
1204 inspection procedures, operating assumptions, climate data, and
1205 calculation methods.
1206 (7) “Energy rater” means an individual certified by a
1207 building energy-efficiency rating system to perform building
1208 energy-efficiency ratings for the building type and in the
1209 rating class for which the rater is certified.
1210 (8)(4) “New building” means commercial occupancy buildings
1211 permitted for construction after January 1, 1995, and
1212 residential occupancy buildings permitted for construction after
1213 January 1, 1994.
1214 (9)(5) “Public building” means a building comfort
1215 conditioned for occupancy that is owned or leased by the state,
1216 a state agency, or a governmental subdivision, including, but
1217 not limited to, a city, county, or school district.
1218 Section 29. Section 553.994, Florida Statutes, is amended
1219 to read:
1220 553.994 Applicability.—Building energy-efficiency The
1221 rating systems system shall apply to all public, commercial, and
1222 residential buildings in the state.
1223 Section 30. Section 553.995, Florida Statutes, is amended
1224 to read:
1225 553.995 Energy-efficiency ratings for buildings.—
1226 (1) Building The energy-efficiency rating systems must,
1227 system shall at a minimum:
1228 (a) Provide a uniform rating scale of the efficiency of
1229 buildings based on annual energy usage.
1230 (a)(b) Take into account local climate conditions,
1231 construction practices, and building use.
1232 (b)(c) Be compatible with standard federal rating systems
1233 and state building codes and standards, where applicable, and
1234 shall satisfy the requirements of s. 553.9085 with respect to
1235 residential buildings and s. 255.256 with respect to state
1236 buildings.
1237 (c)(2) The energy-efficiency rating system adopted by the
1238 department shall Provide a means of analyzing and comparing the
1239 relative energy efficiency of buildings upon the sale of new or
1240 existing residential, public, or commercial buildings.
1241 (3) The department shall establish a voluntary working
1242 group of persons interested in the energy-efficiency rating
1243 system or energy efficiency, including, but not limited to, such
1244 persons as electrical engineers, mechanical engineers,
1245 architects, public utilities, and builders. The interest group
1246 shall advise the department in the development of the energy
1247 efficiency rating system and shall assist the department in the
1248 implementation of the rating system by coordinating educational
1249 programs for designers, builders, businesses, and other
1250 interested persons to assist compliance and to facilitate
1251 incorporation of the rating system into existing practices.
1252 (2)(a)(4) The department shall develop a training and
1253 certification program to certify raters. In addition to the
1254 department, Ratings may be conducted by a any local government
1255 or private entity if, provided that the appropriate persons have
1256 completed the necessary training established by the applicable
1257 building energy-efficiency rating system and have been certified
1258 by the department.
1259 (b) The Department of Management Services shall rate state
1260 owned or state-leased buildings if, provided that the
1261 appropriate persons have completed the necessary training
1262 established by the applicable building energy-efficiency rating
1263 system and have been certified by the Department of Business and
1264 Professional Regulation.
1265 (c) A state agency that which has building construction
1266 regulation authority may rate its own buildings and those it is
1267 responsible for, if the appropriate persons have completed the
1268 necessary training established by the applicable building
1269 energy-efficiency rating system and have been certified by the
1270 Department of Business and Professional Regulation. The
1271 Department of Business and Professional Regulation may charge a
1272 fee not to exceed the costs for the training and certification
1273 of raters. The department shall by rule set the appropriate
1274 charges for raters to charge for energy ratings, not to exceed
1275 the actual costs.
1276 Section 31. Section 553.996, Florida Statutes, is amended
1277 to read:
1278 553.996 Energy-efficiency information provided by building
1279 energy-efficiency rating systems providers brochure.—A
1280 prospective purchaser of real property with a building for
1281 occupancy located thereon shall be provided with a copy of an
1282 information brochure, at the time of or before prior to the
1283 purchaser’s execution of the contract for sale and purchase
1284 which notifies, notifying the purchaser of the option for an
1285 energy-efficiency rating on the building. Building energy
1286 efficiency rating system providers identified in this part shall
1287 prepare such information and make it available for distribution
1288 Such brochure shall be prepared, made available for
1289 distribution, and provided at no cost by the department. Such
1290 brochure shall contain information relevant to that class of
1291 building must include, including, but need not be limited to:
1292 (1) How to analyze the building’s energy-efficiency rating.
1293 (2) Comparisons to statewide averages for new and existing
1294 construction of that class.
1295 (3) Information concerning methods to improve the
1296 building’s energy-efficiency rating.
1297 (4) A notice to residential purchasers that the energy
1298 efficiency rating may qualify the purchaser for an energy
1299 efficient mortgage from lending institutions.
1300 Section 32. Subsection (2) of section 553.997, Florida
1301 Statutes, is amended to read:
1302 553.997 Public buildings.—
1303 (2) The department, together with other State agencies
1304 having building construction and maintenance responsibilities,
1305 shall make available energy-efficiency practices information to
1306 be used by individuals involved in the design, construction,
1307 retrofitting, and maintenance of buildings for state and local
1308 governments.
1309 Section 33. Section 553.998, Florida Statutes, is amended
1310 to read:
1311 553.998 Compliance.—All ratings must shall be determined
1312 using tools and procedures developed by the systems recognized
1313 under this part adopted by the department by rule in accordance
1314 with chapter 120 and must shall be certified by the rater as
1315 accurate and correct and in compliance with procedures of the
1316 system under which the rater is certified adopted by the
1317 department by rule in accordance with chapter 120.
1318 Section 34. Except as otherwise explicitly stated
1319 elsewhere, this act shall take effect July 1, 2013.
1320
1321
1322 ================= T I T L E A M E N D M E N T ================
1323 And the title is amended as follows:
1324 Delete everything before the enacting clause
1325 and insert:
1326 A bill to be entitled
1327 An act relating to building construction; amending s.
1328 162.12, F.S.; revising notice requirements in the
1329 Local Government Code Enforcement Boards Act;
1330 amending ss. 255.20 and 255.2575, F.S.; requiring
1331 governmental entities to specify certain products
1332 associated with public works projects; providing for
1333 applicability; amending s. 255.257, F.S.; requiring
1334 state agencies to use certain building rating systems
1335 and building codes for each new construction and
1336 renovation project; amending s. 381.0065, F.S.;
1337 specifying that certain actions relating to onsite
1338 sewage treatment and removal are not required if a
1339 bedroom is not added during a remodeling addition or
1340 modification to a single-family home; prohibiting a
1341 remodeling addition or modification from certain
1342 coverage or encroachment; authorizing a local health
1343 board to review specific plans; requiring a review to
1344 be completed within a specific time period after
1345 receipt of specific plans; amending s. 489.103, F.S.;
1346 providing for additional exemptions; amending s.
1347 489.105, F.S.; revising definitions; amending s.
1348 489.111, F.S.; revising eligibility criteria to take
1349 the swimming pool/spa examination; providing that
1350 amendments to s. 489.113(2), F.S., enacted in s. 11,
1351 ch. 2012-13, Laws of Florida, are remedial and
1352 intended to clarify existing law; providing for
1353 retroactivity; amending s. 489.127, F.S.; revising
1354 civil penalties; authorizing a local building
1355 department to retain 75 percent of certain fines
1356 collected if it transmits 25 percent to the Department
1357 of Business and Professional Regulation; amending s.
1358 489.131, F.S.; deleting legislative intent referring
1359 to a local agency’s enforcement of regulatory laws;
1360 deleting the definitions of “minor violation” and
1361 “notice of noncompliance”; deleting provisions that
1362 provide for what a notice of noncompliance should or
1363 should not include; deleting a provision that provides
1364 for further disciplinary proceedings for certain
1365 licensees; amending s. 489.514, F.S.; extending the
1366 date by which an applicant must make application for a
1367 license to be grandfathered; amending s. 489.531,
1368 F.S.; revising maximum civil penalties for specified
1369 violations; amending s. 553.71, F.S.; providing a
1370 definition for the term “local technical amendment”;
1371 amending s. 553.73, F.S.; prohibiting any provision of
1372 the International Residential Code relating to
1373 mandated fire sprinklers from incorporation into the
1374 Florida Building Code; amending s. 553.74, F.S.;
1375 revising membership of the Florida Building
1376 Commission; amending s. 553.79, F.S.; authorizing a
1377 site plan to be maintained at the worksite as an
1378 electronic copy; requiring the copy to be open to
1379 inspection by certain officials; amending s. 553.842,
1380 F.S.; requiring an application for state approval of a
1381 certain product to be approved by the department after
1382 the application and related documentation are
1383 complete; amending ss. 553.901, 553.902, 553.903,
1384 553.904, 553.905, and 553.906, F.S.; requiring the
1385 Florida Building Commission to adopt the Florida
1386 Building Code-Energy Conservation; conforming
1387 subsequent sections of the thermal efficiency code;
1388 amending s. 553.912, F.S.; requiring replacement air
1389 conditioning systems in residential applications to
1390 use energy-saving quality installation procedures;
1391 providing that certain existing heating and cooling
1392 equipment is not required to meet the minimum
1393 equipment efficiencies; amending s. 553.991, F.S.;
1394 revising the purpose of the Florida Building Energy
1395 Efficiency Rating Act; repealing s. 553.992, F.S.,
1396 relating to the adoption of a rating system; amending
1397 s. 553.993, F.S.; providing definitions; amending s.
1398 553.994, F.S.; providing for the applicability of
1399 building energy-efficiency rating systems; amending s.
1400 553.995, F.S.; deleting a minimum requirement for the
1401 building energy-efficiency rating systems; revising
1402 language; deleting provisions relating to a certain
1403 interest group; deleting provisions relating to the
1404 Department of Business and Professional Regulation;
1405 amending s. 553.996, F.S.; requiring building energy
1406 efficiency rating system providers to provide certain
1407 information; amending s. 553.997, F.S.; deleting a
1408 provision relating to the department; amending s.
1409 553.998, F.S.; revising provisions relating to rating
1410 compliance; providing effective dates. providing an
1411 effective date.
