Bill Text: FL S0648 | 2010 | Regular Session | Comm Sub
Bill Title: Building Safety [CPSC]
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-04-29 - Placed on Special Order Calendar; Read 2nd time -SJ 01005; Amendment(s) adopted (772328, 404418, 337832, 298178, 169094) -SJ 01007; Substituted CS/CS/CS/CS/HB 663 -SJ 01007; Laid on Table, companion bill(s) passed, see CS/CS/CS/CS/HB 663 (Ch. 2010-176), CS/CS/CS/HB 713 (Ch. 2010-106), CS/HB 1035 (Ch. 2010-110), CS/CS/CS/SB 846 (Ch. 2010-99), SB 1136 (Ch. 2010-173), CS/CS/CS/SB 1196 (Ch. 2010-174) -SJ 01007 [S0648 Detail]
Download: Florida-2010-S0648-Comm_Sub.html
Florida Senate - 2010 CS for CS for SB 648 By the Committees on Military Affairs and Domestic Security; and Community Affairs; and Senator Bennett 583-05280-10 2010648c2 1 A bill to be entitled 2 An act relating to building safety; amending s. 3 196.031, F.S.; specifying an additional condition that 4 constitutes an abandonment of homestead property for 5 purposes of a homestead exemption; amending s. 399.02, 6 F.S.; authorizing the Division of Hotels and 7 Restaurants of the Department of Business and 8 Professional Regulation to have access to places in 9 which a conveyance and equipment are located; 10 authorizing the division to grant variances from 11 certain rules for undue hardship; prohibiting the 12 enforcement of Phase II Firefighters’ Service on 13 certain elevators for a specified period; amending s. 14 399.15, F.S.; providing an alternative method to allow 15 access to regional emergency elevators; providing for 16 a uniform lock box; providing for a master key; 17 providing the Division of State Fire Marshal with 18 enforcement authority; directing the Department of 19 Financial Services to select the provider of the 20 uniform lock box; creating s. 455.2122, F.S.; 21 authorizing distance learning courses as an 22 alternative to classroom instruction for certain 23 licenses; prohibiting the department or regulatory 24 board from requiring centralized licensing 25 examinations for certain licenses; amending s. 26 455.2123, F.S.; authorizing distance learning courses 27 as an alternative to classroom instruction for certain 28 licenses; prohibiting the department or a regulatory 29 board from requiring centralized licensing 30 examinations for certain licenses; amending s. 31 468.631, F.S.; revising the amount of a surcharge on 32 certain building permits; requiring the unit of 33 government collecting the surcharge to remit the funds 34 to the Department of Business and Professional 35 Regulation; requiring the unit of government 36 collecting the surcharge to retain a portion of the 37 funds to fund certain activities of building 38 departments; requiring that the remaining funds from 39 the surcharge be used to fund the Florida Homeowners’ 40 Construction Recovery Fund and the Florida Building 41 Code Administrators and Inspectors Board; reducing the 42 amount of information that must be reported to the 43 Department of Business and Professional Regulation by 44 a unit of government responsible for collecting 45 certain permit fees; amending s. 468.83, F.S.; 46 providing for the creation of the home inspection 47 services licensing program within the Department of 48 Business and Professional Regulation; amending s. 49 468.8311, F.S.; revising the term “home inspection 50 services”; amending s. 468.8312, F.S.; deleting a fee 51 provision for certain certificates of authorization; 52 amending s. 468.8313, F.S.; revising examination 53 requirements for licensure as a home inspector; 54 providing fingerprinting requirements and procedures 55 for license applications; providing that the applicant 56 is responsible for certain costs; amending s. 57 468.8318, F.S.; revising requirements and procedures 58 for certification of corporations and partnerships 59 offering home inspection services to the public; 60 deleting provisions relating to required certificates 61 of authorization; amending s. 468.8319, F.S.; delaying 62 the enforcement of a prohibition against performing 63 certain activities by a person who is not licensed as 64 a home inspector; revising certain prohibitions with 65 respect to providers of home inspection services; 66 amending s. 468.832, F.S.; providing an additional 67 ground for taking certain disciplinary actions; 68 amending s. 468.8324, F.S.; specifying additional 69 requirements for licensure as a home inspector; 70 creating s. 468.8325, F.S.; requiring the department 71 to adopt rules to administer part XV of ch. 468, F.S., 72 relating to home inspectors; amending s. 468.84, F.S.; 73 providing for the creation of the mold-related 74 services licensing program within the Department of 75 Business and Professional Regulation; amending s. 76 468.8412, F.S.; deleting a fee provision for certain 77 biennial certificates of authorization renewal; 78 amending s. 468.8413, F.S.; revising examination 79 requirements and procedures for licensure as a mold 80 assessor or mold remediator; providing fingerprinting 81 requirements and procedures for license applications; 82 providing that the applicant is responsible for 83 certain costs; amending s. 468.8414, F.S.; specifying 84 an additional applicant qualification criterion for 85 licensure by endorsement; amending s. 468.8418, F.S.; 86 revising requirements and procedures for certification 87 of corporations and partnerships offering mold 88 assessment or mold remediation services to the public; 89 deleting provisions relating to required certificates 90 of authorization; amending s. 468.8419, F.S.; delaying 91 the enforcement of a prohibition against performing 92 certain activities by a person who is not licensed as 93 a mold assessor; amending s. 468.842, F.S.; providing 94 an additional ground for taking certain disciplinary 95 actions; amending s. 468.8421, F.S.; specifying an 96 insurance coverage requirement for mold assessors; 97 amending s. 468.8423, F.S.; specifying additional 98 requirements for licensure as a mold assessor or mold 99 remediator; creating s. 468.8424, F.S.; requiring the 100 Department of Business and Professional Regulation to 101 adopt rules to administer part XVI of ch. 468, F.S., 102 relating to mold-related services; amending s. 103 489.103, F.S.; conforming a cross-reference; amending 104 s. 489.5335, F.S.; deleting certain core curriculum 105 requirements that a person holding a journeyman 106 license in the electrical trade must satisfy in order 107 to work in more than one county or municipality; 108 amending s. 553.37, F.S.; authorizing manufacturers to 109 pay inspection fees directly to the provider of 110 inspection services; providing requirements for rules 111 of the Department of Business and Professional 112 Regulation regarding the schedule of fees; authorizing 113 the department to enter into contracts for the 114 performance of certain administrative duties; revising 115 inspection requirements for certain custom 116 manufactured buildings; amending s. 553.375, F.S.; 117 revising the requirement for recertification of 118 manufactured buildings prior to relocation; amending 119 s. 553.512, F.S.; requiring the Florida Building 120 Commission to establish by rule a fee for certain 121 waiver requests; amending s. 553.721, F.S.; revising 122 the amount of a surcharge on certain building permits; 123 requiring the unit of government collecting the 124 surcharge to electronically remit the funds to the 125 Department of Community Affairs; requiring the unit of 126 government collecting the surcharge to retain a 127 portion of the funds to fund certain activities of 128 building departments; requiring the remaining funds 129 from the surcharge to be used to fund the Florida 130 Building Commission and the Department of Community 131 Affairs; amending s. 553.73, F.S.; conforming cross 132 references; authorizing counties and municipalities to 133 adopt by ordinance administrative or technical 134 amendments to the Florida Building Code for certain 135 flood-related purposes; specifying requirements and 136 procedures; revising foundation code adoption 137 requirements; authorizing the Florida Building 138 Commission to approve amendments relating to 139 equivalency of standards; exempting certain mausoleums 140 from the requirements of the Florida Building Code; 141 exempting certain temporary housing provided by the 142 Department of Corrections from the requirements of the 143 Florida Building Code; restricting the code, code 144 enforcement agencies, and local governments from 145 imposing requirements on certain mechanical equipment 146 on roofs; requiring that the Florida Building Code 147 contain certain requirements regarding illumination in 148 classroom units; requiring that classroom units be 149 designed to provide and maintain an average of 40 150 foot-candles of light at each desktop; requiring that 151 public educational facilities consider using light 152 emitting diode lighting before considering other 153 lighting sources; amending s. 553.74, F.S.; specifying 154 absence of impermissible conflicts of interest for 155 certain committee or workgroup members while 156 representing clients under certain circumstances; 157 specifying certain prohibited activities for such 158 members; amending s. 553.76, F.S.; authorizing the 159 Florida Building Commission to adopt rules related to 160 consensus-based decisionmaking; amending s. 553.775, 161 F.S.; conforming a cross-reference; authorizing the 162 commission to charge a fee for filing certain requests 163 and for nonbinding interpretations; limiting fees for 164 nonbinding interpretations; amending s. 553.79, F.S.; 165 requiring certain inspection services to be performed 166 under the alternative process for plan review and 167 inspection or by a local governmental entity; 168 reenacting s. 553.80(1), F.S., relating to the 169 enforcement of the Florida Building Code, to 170 incorporate the amendments made to s. 553.79, F.S., in 171 a reference thereto; amending s. 553.80, F.S.; 172 specifying nonapplicability of certain exemptions from 173 the Florida Building Code granted by certain 174 enforcement entities under certain circumstances; 175 revising requirements for review of facility plans and 176 construction surveyed for certain hospitals and health 177 care facilities; amending s. 553.841, F.S.; deleting 178 provisions requiring that the Department of Community 179 Affairs maintain, update, develop, or cause to be 180 developed a core curriculum for persons who enforce 181 the Florida Building Code; amending s. 553.842, F.S.; 182 authorizing rules requiring the payment of product 183 evaluation fees directly to the administrator of the 184 product evaluation and approval system; specifying the 185 use of such fees; authorizing the Florida Building 186 Commission to provide by rule for editorial revisions 187 to certain approvals and charge certain fees; 188 providing requirements for the approval of 189 applications for state approval of a product; 190 providing for certain approved products to be 191 immediately added to the list of state-approved 192 products; requiring that the commission’s oversight 193 committee review approved products; revising the list 194 of approved evaluation entities; deleting obsolete 195 provisions governing evaluation entities; amending s. 196 553.844, F.S.; providing an exemption from the 197 requirements regarding protections for certain exposed 198 mechanical equipment or appliances; providing for 199 future expiration; amending s. 553.885, F.S.; revising 200 requirements for carbon monoxide alarms; providing an 201 exception for buildings undergoing alterations or 202 repairs; defining the term “addition” as it relates to 203 the requirement of a carbon monoxide alarm; amending 204 s. 553.9061, F.S.; revising the energy-efficiency 205 performance options and elements identified by the 206 commission for purposes of meeting certain goals; 207 amending s. 553.909, F.S.; revising a compliance 208 criterion for certain swimming pool pumps or water 209 heaters; revising requirements for residential 210 swimming pool pumps and pump motors; amending s. 211 553.912, F.S.; providing requirements for replacement 212 air-conditioning systems; amending s. 627.711, F.S.; 213 revising provisions relating to a uniform mitigation 214 verification inspection form for factoring discounts 215 for wind insurance; providing that such form is valid 216 if signed by a home inspector who has completed a 217 specified number of hours of mitigation training; 218 amending s. 633.021, F.S.; providing additional 219 definitions for fire equipment dealers; revising the 220 definition of the term “preengineered systems”; 221 amending s. 633.0215, F.S.; providing guidelines for 222 the State Fire Marshal to apply when issuing an 223 expedited declaratory statement; requiring that the 224 State Fire Marshal issue an expedited declaratory 225 statement under certain circumstances; providing 226 requirements for a petition requesting an expedited 227 declaratory statement; exempting certain condominiums 228 from installing manual fire alarm systems; amending s. 229 633.0245, F.S.; conforming cross-references; amending 230 s. 633.025, F.S.; providing that property owners are 231 not required to install fire sprinklers in residential 232 properties based on the use of that property as a 233 rental property or any change in or reclassification 234 of the property’s primary use to a rental property; 235 amending s. 633.026, F.S.; providing legislative 236 intent; revising the authority of the State Fire 237 Marshal to contract with and refer interpretive issues 238 to certain entities; providing for the establishment 239 of the Fire Code Interpretation Committee; providing 240 for the membership of the committee and requirements 241 for membership; requiring that nonbinding 242 interpretations of the Florida Fire Prevention Code be 243 issued within a specified period after a request is 244 received; providing for the waiver of such requirement 245 under certain conditions; requiring that the Division 246 of State Fire Marshal charge a fee for nonbinding 247 interpretations; providing that fees may be paid 248 directly to a contract provider; providing 249 requirements for requesting a nonbinding 250 interpretation; requiring that the Division of State 251 Fire Marshal develop a form for submitting a petition 252 for a nonbinding interpretation; providing for a 253 formal interpretation by the State Fire Marshal; 254 requiring that an interpretation of the Florida Fire 255 Prevention Code be published on the division’s website 256 and in the Florida Administrative Weekly; amending s. 257 626.061, F.S.; authorizing certain fire equipment 258 dealer licensees to maintain inactive license status 259 under certain circumstances; providing requirements; 260 providing for a renewal fee; revising certain 261 continuing education requirements; revising an 262 applicant licensure qualification requirement; 263 amending s. 633.081, F.S.; requiring that the State 264 Fire Marshal inspect a building when the State Fire 265 Marshal, rather than the Department of Financial 266 Services, has cause to believe a violation has 267 occurred; providing exceptions for requirements that 268 certain firesafety inspections be conducted by 269 firesafety inspectors; requiring that the Division of 270 State Fire Marshal and the Florida Building Code 271 Administrators and Inspectors Board enter into a 272 reciprocity agreement for purposes of recertifying 273 building code inspectors, plan inspectors, building 274 code administrators, and firesafety inspectors; 275 requiring that the State Fire Marshal develop by rule 276 an advanced training and certification program for 277 firesafety inspectors who have fire code management 278 responsibilities; requiring that the program be 279 consistent with certain standards and establish 280 minimum training, education, and experience levels for 281 such firesafety inspectors; amending s. 633.082, F.S.; 282 authorizing alternative inspection procedures for 283 certain fire hydrants; requiring periodic testing or 284 operation of certain equipment; prohibiting an agency 285 having jurisdiction from requiring the removal of a 286 nonmandatory sprinkler system; amending s. 633.352, 287 F.S.; providing an exception to requirements for 288 recertification as a firefighter; amending s. 633.521, 289 F.S.; revising requirements for certification as a 290 fire protection system contractor; revising the 291 prerequisites for taking the certification 292 examination; authorizing the State Fire Marshal to 293 accept more than one source of professional 294 certification; revising legislative intent; amending 295 s. 633.524, F.S.; authorizing the State Fire Marshal 296 to enter into contracts for examination services; 297 providing for the direct payment of examination fees 298 to contract providers; amending s. 633.537, F.S.; 299 revising the continuing education requirements for 300 certain permitholders; amending s. 633.72, F.S.; 301 revising the terms of service for members of the Fire 302 Code Advisory Council; repealing s. 718.113(6), F.S., 303 relating to requirements for 5-year inspections of 304 certain condominium improvements; directing the 305 Florida Building Commission to conform provisions of 306 the Florida Building Code with revisions made by the 307 act relating to the operation of elevators; requiring 308 the Department of Management Services to consider the 309 energy efficiency of buildings owned or operated by a 310 state agency; requiring the Department of Management 311 Services to lease buildings and facilities having 312 high-efficiency lighting and consider energy 313 efficiency when leasing buildings when feasible; 314 requiring the Department of Management Services to 315 adopt rules requiring state agencies to install high 316 efficiency lamps when replacing an existing lamp or 317 installing a new lamp in a building owned by a state 318 agency; providing effective dates. 319 320 Be It Enacted by the Legislature of the State of Florida: 321 322 Section 1. Subsection (6) of section 196.031, Florida 323 Statutes, is amended to read: 324 196.031 Exemption of homesteads.— 325 (6) When homestead property is damaged or destroyed by 326 misfortune or calamity and the property is uninhabitable on 327 January 1 after the damage or destruction occurs, the homestead 328 exemption may be granted if the property is otherwise qualified 329 and if the property owner notifies the property appraiser that 330 he or she intends to repair or rebuild the property and live in 331 the property as his or her primary residence after the property 332 is repaired or rebuilt and does not claim a homestead exemption 333 on any other property or otherwise violate this section. Failure 334 by the property owner to commence the repair or rebuilding of 335 the homestead property within 3 years after January 1 following 336 the property’s damage or destruction constitutes abandonment of 337 the property as a homestead. After the 3-year period, the 338 expiration, lapse, nonrenewal, or revocation of a building 339 permit issued to the property owner for such repairs or 340 rebuilding also constitutes abandonment of the property as 341 homestead. 342 Section 2. Subsection (6) of section 399.02, Florida 343 Statutes, is amended, and subsections (8) and (9) are added to 344 that section, to read: 345 399.02 General requirements.— 346 (6)(a) The department is empowered to carry out all of the 347 provisions of this chapter relating to the inspection and 348 regulation of elevators and to enforce the provisions of the 349 Florida Building Code. 350 (b) In order to perform its duties and responsibilities 351 under this section, the division may enter and have reasonable 352 access to all buildings and rooms or spaces in which an existing 353 or newly installed conveyance and equipment are located. 354 (8) The division may grant variances for undue hardship 355 pursuant to s. 120.542 and the rules adopted under this section. 356 Such rules must include a process for requests for variances. 357 The division may not grant a request for a variance unless it 358 finds that the variance will not adversely affect the safety of 359 the public. 360 (9) Updates to the Safety Code for Existing Elevators and 361 Escalators, ASME A17.1 and A17.3, which require Phase II 362 Firefighters’ Service on elevators may not be enforced until 363 July 1, 2015, or until the elevator is replaced or requires 364 major modification, whichever occurs first, on elevators in 365 condominiums or multifamily residential buildings, including 366 those that are part of a continuing care facility licensed under 367 chapter 651, or similar retirement community with apartments, 368 having a certificate of occupancy by the local building 369 authority which was issued before July 1, 2008. This exception 370 does not prevent an elevator owner from requesting a variance 371 from the applicable codes before or after July 1, 2015. This 372 subsection does not prohibit the division from granting 373 variances pursuant to s. 120.542 and subsection (8). The 374 division shall adopt rules to administer this subsection. 375 Section 3. Present subsection (7) of section 399.15, 376 Florida Statutes, is renumbered as subsection (8), and a new 377 subsection (7) is added to that section to read: 378 399.15 Regional emergency elevator access.— 379 (7) As an alternative to complying with the requirements of 380 subsection (1), each building in this state which is required to 381 meet the provisions of subsections (1) and (2) may instead 382 provide for the installation of a uniform lock box that contains 383 the keys to all elevators in the building allowing public 384 access, including service and freight elevators. The uniform 385 lock box must be keyed to allow all uniform lock boxes in each 386 of the seven state emergency response regions to operate in fire 387 emergency situations using one master key. The master key for 388 the uniform lock shall be issued only to the fire department. 389 The Division of State Fire Marshal of the Department of 390 Financial Services shall enforce this subsection. The Department 391 of Financial Services shall select the provider of the uniform 392 lock box to be installed in each building in which the 393 requirements of this subsection are implemented. 394 Section 4. Section 455.2122, Florida Statutes, is created 395 to read: 396 455.2122 Education.—A board, or the department where there 397 is no board, shall approve distance learning courses as an 398 alternative to classroom courses to satisfy prelicensure or 399 postlicensure education requirements provided for in part VIII 400 of chapter 468 or part I of chapter 475. A board, or the 401 department when there is no board, may not require centralized 402 examinations for completion of prelicensure or postlicensure 403 education requirements for those professions licensed under part 404 VIII of chapter 468 or part I of chapter 475. 405 Section 5. Section 455.2123, Florida Statutes, is amended 406 to read: 407 455.2123 Continuing education.—A board, or the department 408 when there is no board, may provide by rule that distance 409 learning may be used to satisfy continuing education 410 requirements. A board, or the department when there is no board, 411 shall approve distance learning courses as an alternative to 412 classroom courses to satisfy continuing education requirements 413 provided for in part VIII, part XV, or part XVI of chapter 468 414 or part I or part II of chapter 475 and may not require 415 centralized examinations for completion of continuing education 416 requirements for the professions licensed under part VIII, part 417 XV, or part XVI of chapter 468 or part I or part II of chapter 418 475. 419 Section 6. Effective October 1, 2010, section 468.631, 420 Florida Statutes, is amended to read: 421 468.631 Building Code Administrators and Inspectors Fund.— 422 (1) This part shall be funded through a surcharge, to be 423 assessed pursuant to s. 125.56(4)or s. 166.201 at the rate of 424 1.5 percent of all permit fees associated with enforcement of 425 the Florida Building Code as defined by the uniform account 426 criteria and specifically the uniform account code for building 427 permits adopted for local government financial reporting 428 pursuant to s. 218.32one-half cent per square foot of under429roof floor space permitted,includingnew construction,430renovations, alterations, and additions. The minimum amount 431 collected on any permit issued shall be $2. The unit of 432 government responsible for collecting permit fees pursuant to s. 433 125.56(4)or s. 166.201 shall collect such surcharge and shall 434 remit the funds to the department on a quarterly calendar basis 435 beginning not later than December 31, 20101993, for the 436 preceding quarter, and continuing each third month thereafter; 437 and such unit of government shallmayretainan amount up to10 438 percent of the surcharge collected to fund the participation of 439 building departments in the national and state building code 440 promulgation processes and to provide education related to 441 enforcement of the Florida Building Codeprojects and activities442intended to improve the quality of building code enforcement. 443 There is created within the Professional Regulation Trust Fund a 444 separate account to be known as the Building Code Administrators 445 and Inspectors Fund, which shall deposit and disburse funds as 446 necessary for the implementation of this part. The proceeds from 447 this surcharge shall be allocated equally to fund the Florida 448 Homeowners’ Construction Recovery Fund established by s. 489.140 449 and the functions of the Building Code Administrators and 450 Inspectors Board.The department shall annually establish the451amount needed to fund the certification and regulation of452building code administrators, plans examiners, and building code453inspectors. Any funds collected in excess of the amount needed454to adequately fund the certification and regulation of building455code administrators, plans examiners, and building code456inspectors shall be deposited into the Florida Homeowners’457Construction Recovery Fund established by s.489.140. If the458Florida Homeowners’ Construction Recovery Fund is fully funded459as provided by s.489.140, any remaining funds shall be460distributed to the Construction Industry Licensing Board for use461in the regulation of certified and registered contractors.462 (2) The unit of government responsible for collecting 463 permit fees under this section shall report to the department 464 quarterly the number of permits issuedfor under-roof floor465spaceduring the quarter, the total square footage for the466number of permits issued for under-roof floor space during the467quarter,and the calculation of the amount of funds being 468 remitted to the department. The report shall be attested to by 469 the officer in charge of collecting permit fees. 470 Section 7. Section 468.83, Florida Statutes, is amended to 471 read: 472 468.83 Home inspection services licensing program; 473 purpose.— 474 (1) There is created within the department the home 475 inspection services licensing program. 476 (2) The Legislature recognizes that there is a need to 477 require the licensing of home inspectors and to ensure that 478 consumers of home inspection services can rely on the competence 479 of home inspectors, as determined by educational and experience 480 requirements and testing. Therefore, the Legislature deems it 481 necessary in the interest of the public welfare to regulate home 482 inspectors in this state. 483 Section 8. Subsection (4) of section 468.8311, Florida 484 Statutes, is amended to read: 485 468.8311 Definitions.—As used in this part, the term: 486 (4) “Home inspection services” means a limited visual 487 examination ofone or more ofthe following readily accessible 488 installed systems and components of a home: the structure, 489 electrical system, HVAC system, roof covering, plumbing system, 490 interior components, exterior components, and site conditions 491 that affect the structure, for the purposes of providing a 492 written professional opinion of the condition of the home. 493 Section 9. Subsections (4) through (8) of section 468.8312, 494 Florida Statutes, are amended to read: 495 468.8312 Fees.— 496(4) The fee for a certificate of authorization shall not497exceed $125.498 (4)(5)The biennial renewal fee shall not exceed $200. 499 (5)(6)The fee for licensure by endorsement shall not 500 exceed $200. 501 (6)(7)The fee for application for inactive status or for 502 reactivation of an inactive license shall not exceed $200. 503 (7)(8)The fee for applications from providers of 504 continuing education may not exceed $500. 505 Section 10. Subsections (1) and (2) of section 468.8313, 506 Florida Statutes, are amended, present subsection (6) of that 507 section is renumbered as subsection (7) and amended, and a new 508 subsection (6) is added to that section, to read: 509 468.8313 Examinations.— 510 (1) A person desiring to be licensed as a home inspector 511 mustshallapply to the department after he or she satisfies the 512 examination requirements of this partto take a licensure513examination. 514 (2) An applicant mayshall be entitled to take the515licensure examination for the purpose of determining whether he516or she is qualified topractice in this state as a home 517 inspector if he or she passes the required examination,the518applicantis of good moral character, and completeshas519completeda course of study of at leastno less than120 hours 520 that covers all of the following components of a home: 521 structure, electrical system, HVAC system, roof covering, 522 plumbing system, interior components, exterior components, and 523 site conditions that affect the structure. 524 (6) An applicant for a license shall submit, together with 525 the application, a complete set of electronic fingerprints to 526 the department. The department shall submit the fingerprints to 527 the Department of Law Enforcement for state processing, and the 528 Department of Law Enforcement shall forward them to the Federal 529 Bureau of Investigation for national processing, to determine 530 whether the applicant has a criminal history record. The 531 department shall review the background results to determine if 532 an applicant meets licensure requirements. The applicant is 533 responsible for the cost associated with processing the 534 fingerprints. The authorized agencies or vendors shall collect 535 such fees and pay the processing costs due to the Department of 536 Law Enforcement. 537 (7)(6)The department may adopt rulespursuant to ss.538120.536(1) and120.54to implementthe provisions ofthis 539 section. 540 Section 11. Section 468.8318, Florida Statutes, is amended 541 to read: 542 468.8318 Certification of corporations and partnerships.— 543(1) The department shall issue a certificate of544authorization to a corporation or partnership offering home545inspection services to the public if the corporation or546partnership satisfies all of the requirements of this part.547(2)The practice of or the offer to practice home 548 inspection services by licensees through a corporation or 549 partnership offering home inspection services to the public, or 550 by a corporation or partnership offering such services to the 551 public through licensees under this part as agents, employees, 552 officers, or partners, is permitted subject to the provisions of 553 this part, provided that all personnel of the corporation or 554 partnership who act in its behalf as home inspectors in this 555 state are licensed as provided by this part; and further556provided that the corporation or partnership has been issued a557certificate of authorization by the department as provided in558this section. Nothing in this section shall be construed to 559 allow a corporation to hold a license to practice home 560 inspection services. No corporation or partnership shall be 561 relieved of responsibility for the conduct or acts of its 562 agents, employees, or officers by reason of its compliance with 563 this section, nor shall any individual practicing home 564 inspection services be relieved of responsibility for 565 professional services performed by reason of his or her 566 employment or relationship with a corporation or partnership. 567(3) For the purposes of this section, a certificate of568authorization shall be required for a corporation, partnership,569association, or person practicing under a fictitious name and570offering home inspection services to the public; however, when571an individual is practicing home inspection services in his or572her own given name, he or she shall not be required to register573under this section.574(4) Each certificate of authorization shall be renewed575every 2 years. Each partnership and corporation certified under576this section shall notify the department within 1 month of any577change in the information contained in the application upon578which the certification is based.579(5) Disciplinary action against a corporation or580partnership shall be administered in the same manner and on the581same grounds as disciplinary action against a licensed home582inspector.583 Section 12. Section 468.8319, Florida Statutes, is amended 584 to read: 585 468.8319 Prohibitions; penalties.— 586 (1) A personhome inspector, a company that employs a home587inspector, or a company that is controlled by a company that588also has a financial interest in a company employing a home589inspectormay not: 590 (a) Effective July 1, 2011, practice or offer to practice 591 home inspection services unless the person has complied with the 592 provisions of this part; 593 (b) Effective July 1, 2011, use the name or title 594 “certified home inspector,” “registered home inspector,” 595 “licensed home inspector,” “home inspector,” “professional home 596 inspector,” or any combination thereof unless the person has 597 complied with the provisions of this part; 598 (c) Present as his or her own the license of another; 599 (d) Knowingly give false or forged evidence to the 600 department or an employee thereof; 601 (e) Use or attempt to use a license that has been suspended 602 or revoked; 603 (f) Perform or offer to perform, prior to closing, for any604additional fee,any repairs to a home on which the inspector or 605 the inspector’s company has prepared a home inspection report. 606 This paragraph does not apply to a home warranty company that is 607 affiliated with or retains a home inspector to perform repairs 608 pursuant to a claim made under a home warranty contract; 609 (g) Inspectfor a feeany property in which the inspector 610 or the inspector’s company has any financial or transfer 611 interest; 612 (h) Offer or deliver any compensation, inducement, or 613 reward to any broker or agent therefor for the referral of the 614 owner of the inspected property to the inspector or the 615 inspection company; or 616 (i) Accept an engagement to make an omission or prepare a 617 report in which the inspection itself, or the fee payable for 618 the inspection, is contingent upon either the conclusions in the 619 report, preestablished findings, or the close of escrow. 620 (2) Any person who is found to be in violation of any 621 provision of this section commits a misdemeanor of the first 622 degree, punishable as provided in s. 775.082 or s. 775.083. 623 (3) This section does not apply to unlicensed activity as 624 described in paragraph (1)(a), paragraph (1)(b), or s. 455.228 625 which occurs before July 1, 2011. 626 Section 13. Subsection (1) of section 468.832, Florida 627 Statutes, is amended to read: 628 468.832 Disciplinary proceedings.— 629 (1) The following acts constitute grounds for which the 630 disciplinary actions in subsection (2) may be taken: 631 (a) Violation of any provision of this part or s. 632 455.227(1).;633 (b) Attempting to procure a license to practice home 634 inspection services by bribery or fraudulent misrepresentation.;635 (c) Having a license to practice home inspection services 636 revoked, suspended, or otherwise acted against, including the 637 denial of licensure, by the licensing authority of another 638 state, territory, or country.;639 (d) Being convicted or found guilty of, or entering a plea 640 of nolo contendere to, regardless of adjudication, a crime in 641 any jurisdiction that directly relates to the practice of home 642 inspection services or the ability to practice home inspection 643 services.;644 (e) Making or filing a report or record that the licensee 645 knows to be false, willfully failing to file a report or record 646 required by state or federal law, willfully impeding or 647 obstructing such filing, or inducing another person to impede or 648 obstruct such filing. Such reports or records shall include only 649 those that are signed in the capacity of a licensed home 650 inspector.;651 (f) Advertising goods or services in a manner that is 652 fraudulent, false, deceptive, or misleading in form or content.;653 (g) Engaging in fraud or deceit, or negligence, 654 incompetency, or misconduct, in the practice of home inspection 655 services.;656 (h) Failing to perform any statutory or legal obligation 657 placed upon a licensed home inspector; violating any provision 658 of this chapter, a rule of the department, or a lawful order of 659 the department previously entered in a disciplinary hearing; or 660 failing to comply with a lawfully issued subpoena of the 661 department.; or662 (i) Practicing on a revoked, suspended, inactive, or 663 delinquent license. 664 (j) Failing to meet any standard of practice adopted by 665 rule of the department. 666 Section 14. Section 468.8324, Florida Statutes, is amended 667 to read: 668 468.8324 Grandfather clause.— 669 (1) A person who performs home inspection services as 670 defined in this part may qualify for licensureto be licensedby 671 the department as a home inspector if the person submits an 672 application to the department postmarked on or before March 1, 673 2011, which shows that the applicant:meets the licensure674requirements of this part by July 1, 2010.675 (a) Is certified as a home inspector by a state or national 676 association that requires, for such certification, successful 677 completion of a proctored examination on home inspection 678 services and completes at least 14 hours of verifiable education 679 on such services; or 680 (b) Has at least 3 years of experience as a home inspector 681 at the time of application and has completed 14 hours of 682 verifiable education on home inspection services. To establish 683 the 3 years of experience, an applicant must submit at least 120 684 home inspection reports prepared by the applicant. 685 (2) The department may investigate the validity of a home 686 inspection report submitted under paragraph (1)(b) and, if the 687 applicant submits a false report, may take disciplinary action 688 against the applicant under s. 468.832(1)(e) or (g). 689 (3) An applicant may not qualify for licensure under this 690 section if he or she has had a home inspector license or a 691 license in any related field revoked at any time or suspended 692 within the previous 5 years or has been assessed a fine that 693 exceeds $500 within the previous 5 years. For purposes of this 694 subsection, a license in a related field includes, but is not 695 limited to, licensure in real estate, construction, mold-related 696 services, or building code administration or inspection. 697 (4) An applicant for licensure under this section must 698 comply with the criminal history, good moral character, and 699 insurance requirements of this part. 700 Section 15. Section 468.8325, Florida Statutes, is created 701 to read: 702 468.8325 Rulemaking authority.—The department shall adopt 703 rules to administer this part. 704 Section 16. Section 468.84, Florida Statutes, is amended to 705 read: 706 468.84 Mold-related services licensing program; legislative 707 purpose.— 708 (1) There is created within the department the mold-related 709 services licensing program. 710 (2) The Legislature finds it necessary in the interest of 711 the public safety and welfare, to prevent damage to real and 712 personal property, to avert economic injury to the residents of 713 this state, and to regulate persons and companies that hold 714 themselves out to the public as qualified to perform mold 715 related services. 716 Section 17. Subsections (6) through (10) of section 717 468.8412, Florida Statutes, are amended to read: 718 468.8412 Fees.— 719(6) The fee for a biennial certificate of authorization720renewal shall not exceed $400.721 (6)(7)The fee for licensure by endorsement shall not 722 exceed $200. 723 (7)(8)The fee for application for inactive status shall 724 not exceed $100. 725 (8)(9)The fee for reactivation of an inactive license 726 shall not exceed $200. 727 (9)(10)The fee for applications from providers of 728 continuing education may not exceed $500. 729 Section 18. Subsections (1) and (2) of section 468.8413, 730 Florida Statutes, are amended, and subsection (6) is added to 731 that section, to read: 732 468.8413 Examinations.— 733 (1) A person desiring to be licensed as a mold assessor or 734 mold remediator mustshallapply to the department after 735 satisfying the examination requirements of this partto take a736licensure examination. 737 (2) An applicant mayshall be entitled to take the738licensure examination topractice in this state as a mold 739 assessor or mold remediator if he or she passes the required 740 examination,the applicantis of good moral character, and 741 completeshas satisfiedone of the following requirements: 742 (a)1. For a mold remediator, at least a 2-year associate of 743 arts degree, or the equivalent, with at least 30 semester hours 744 in microbiology, engineering, architecture, industrial hygiene, 745 occupational safety, or a related field of science from an 746 accredited institution and a minimum of 1 year of documented 747 field experience in a field related to mold remediation; or 748 2. A high school diploma or the equivalent with a minimum 749 of 4 years of documented field experience in a field related to 750 mold remediation. 751 (b)1. For a mold assessor, at least a 2-year associate of 752 arts degree, or the equivalent, with at least 30 semester hours 753 in microbiology, engineering, architecture, industrial hygiene, 754 occupational safety, or a related field of science from an 755 accredited institution and a minimum of 1 year of documented 756 field experience in conducting microbial sampling or 757 investigations; or 758 2. A high school diploma or the equivalent with a minimum 759 of 4 years of documented field experience in conducting 760 microbial sampling or investigations. 761 (6) An applicant for a license shall submit, together with 762 the application, a complete set of electronic fingerprints to 763 the department. The department shall submit the fingerprints to 764 the Department of Law Enforcement for state processing, and the 765 Department of Law Enforcement shall forward them to the Federal 766 Bureau of Investigation for national processing, to determine 767 whether the applicant has a criminal history record. The 768 department shall review the background results to determine if 769 an applicant meets licensure requirements. The applicant is 770 responsible for the cost associated with processing the 771 fingerprints. The authorized agencies or vendors shall collect 772 such fees and pay the processing costs due to the Department of 773 Law Enforcement. 774 Section 19. Subsection (3) of section 468.8414, Florida 775 Statutes, is amended to read: 776 468.8414 Licensure.— 777 (3) The department shall certify as qualified for a license 778 by endorsement an applicant who is of good moral character, who 779 has the insurance coverage required under s. 468.8421, and who: 780 (a) Is qualified to take the examination as set forth in s. 781 468.8413 and has passed a certification examination offered by a 782 nationally recognized organization that certifies persons in the 783 specialty of mold assessment or mold remediation that has been 784 approved by the department as substantially equivalent to the 785 requirements of this part and s. 455.217; or 786 (b) Holds a valid license to practice mold assessment or 787 mold remediation issued by another state or territory of the 788 United States if the criteria for issuance of the license were 789 substantially the same as the licensure criteria that is 790 established by this part as determined by the department. 791 Section 20. Section 468.8418, Florida Statutes, is amended 792 to read: 793 468.8418 Certification of partnerships and corporations.— 794(1) The department shall issue a certificate of795authorization to a corporation or partnership offering mold796assessment or mold remediation services to the public if the797corporation or partnership satisfies all of the requirements of798this part.799(2)The practice of or the offer to practice mold 800 assessment or mold remediation by licensees through a 801 corporation or partnership offering mold assessment or mold 802 remediation to the public, or by a corporation or partnership 803 offering such services to the public through licensees under 804 this part as agents, employees, officers, or partners, is 805 permitted subject to the provisions of this part, provided that806the corporation or partnership has been issued a certificate of807authorization by the department as provided in this section. 808 Nothing in this section shall be construed to allow a 809 corporation to hold a license to practice mold assessment or 810 mold remediation. No corporation or partnership shall be 811 relieved of responsibility for the conduct or acts of its 812 agents, employees, or officers by reason of its compliance with 813 this section, nor shall any individual practicing mold 814 assessment or mold remediation be relieved of responsibility for 815 professional services performed by reason of his or her 816 employment or relationship with a corporation or partnership. 817(3) For the purposes of this section, a certificate of818authorization shall be required for a corporation, partnership,819association, or person practicing under a fictitious name,820offering mold assessment or mold remediation; however, when an821individual is practicing mold assessment or mold remediation822under his or her own given name, he or she shall not be required823to register under this section.824(4) Each certificate of authorization shall be renewed825every 2 years. Each partnership and corporation certified under826this section shall notify the department within 1 month of any827change in the information contained in the application upon828which the certification is based.829(5) Disciplinary action against a corporation or830partnership shall be administered in the same manner and on the831same grounds as disciplinary action against a licensed mold832assessor or mold remediator.833 Section 21. Subsection (1) of section 468.8419, Florida 834 Statutes, is amended, and subsection (4) is added to that 835 section, to read: 836 468.8419 Prohibitions; penalties.— 837 (1) A personmold assessor, a company that employs a mold838assessor, or a company that is controlled by a company that also839has a financial interest in a company employing a mold assessor840 may not: 841 (a) Effective July 1, 2011, perform or offer to perform any 842 mold assessment unless the mold assessor has documented training 843 in water, mold, and respiratory protection under s. 468.8414(2). 844 (b) Effective July 1, 2011, perform or offer to perform any 845 mold assessment unless the person has complied with the 846 provisions of this part. 847 (c) Use the name or title “certified mold assessor,” 848 “registered mold assessor,” “licensed mold assessor,” “mold 849 assessor,” “professional mold assessor,” or any combination 850 thereof unless the person has complied with the provisions of 851 this part. 852 (d) Perform or offer to perform any mold remediation to a 853 structure on which the mold assessor or the mold assessor’s 854 company provided a mold assessment within the last 12 months. 855 (e) Inspect for a fee any property in which the assessor or 856 the assessor’s company has any financial or transfer interest. 857 (f) Accept any compensation, inducement, or reward from a 858 mold remediator or mold remediator’s company for the referral of 859 any business to the mold remediator or the mold remediator’s 860 company. 861 (g) Offer any compensation, inducement, or reward to a mold 862 remediator or mold remediator’s company for the referral of any 863 business from the mold remediator or the mold remediator’s 864 company. 865 (h) Accept an engagement to make an omission of the 866 assessment or conduct an assessment in which the assessment 867 itself, or the fee payable for the assessment, is contingent 868 upon the conclusions of the assessment. 869 (4) This section does not apply to unlicensed activity as 870 described in paragraph (1)(a), paragraph (1)(b), or s. 455.228 871 which occurs before July 1, 2011. 872 Section 22. Subsection (1) of section 468.842, Florida 873 Statutes, is amended to read: 874 468.842 Disciplinary proceedings.— 875 (1) The following acts constitute grounds for which the 876 disciplinary actions in subsection (2) may be taken: 877 (a) Violation of any provision of this part or s. 878 455.227(1).;879 (b) Attempting to procure a license to practice mold 880 assessment or mold remediation by bribery or fraudulent 881 misrepresentations.;882 (c) Having a license to practice mold assessment or mold 883 remediation revoked, suspended, or otherwise acted against, 884 including the denial of licensure, by the licensing authority of 885 another state, territory, or country.;886 (d) Being convicted or found guilty of, or entering a plea 887 of nolo contendere to, regardless of adjudication, a crime in 888 any jurisdiction that directly relates to the practice of mold 889 assessment or mold remediation or the ability to practice mold 890 assessment or mold remediation.;891 (e) Making or filing a report or record that the licensee 892 knows to be false, willfully failing to file a report or record 893 required by state or federal law, willfully impeding or 894 obstructing such filing, or inducing another person to impede or 895 obstruct such filing. Such reports or records shall include only 896 those that are signed in the capacity of a registered mold 897 assessor or mold remediator.;898 (f) Advertising goods or services in a manner that is 899 fraudulent, false, deceptive, or misleading in form or content.;900 (g) Engaging in fraud or deceit, or negligence, 901 incompetency, or misconduct, in the practice of mold assessment 902 or mold remediation.;903 (h) Failing to perform any statutory or legal obligation 904 placed upon a licensed mold assessor or mold remediator; 905 violating any provision of this chapter, a rule of the 906 department, or a lawful order of the department previously 907 entered in a disciplinary hearing; or failing to comply with a 908 lawfully issued subpoena of the department.; or909 (i) Practicing on a revoked, suspended, inactive, or 910 delinquent license. 911 (j) Failing to meet any standard of practice adopted by 912 rule of the department. 913 Section 23. Subsection (1) of section 468.8421, Florida 914 Statutes, is amended to read: 915 468.8421 Insurance.— 916 (1) A mold assessor shall maintain general liability and 917 errors and omissions for both preliminary and postremediation 918 mold assessment insurance coveragein an amountof at least $1 919 millionnot less than $1,000,000. 920 Section 24. Section 468.8423, Florida Statutes, is amended 921 to read: 922 468.8423 Grandfather clause.— 923 (1) A person who performs mold assessment or mold 924 remediation as defined in this part may qualify to be licensed 925 by the department as a mold assessor or mold remediator if the 926 person submits his or her application to the department by March 927 1, 2011, whether postmarked or delivered by that date, and if 928 the person:meets the licensure requirements of this part by929July 1, 2010.930 (a) Is certified as a mold assessor or mold remediator by a 931 state or national association that requires, for such 932 certification, successful completion of a proctored examination 933 on mold assessment or mold remediation, as applicable, and 934 completes at least 60 hours of education on mold assessment or 935 at least 30 hours of education on mold remediation, as 936 applicable; or 937 (b) At the time of application, has at least 3 years of 938 experience as a mold assessor or mold remediator. To establish 939 the 3 years of experience, an applicant must submit at least 40 940 mold assessments or remediation invoices prepared by the 941 applicant. 942 (2) The department may investigate the validity of a mold 943 assessment or remediation invoice submitted under paragraph 944 (1)(b) and, if the applicant submits a false assessment or 945 invoice, may take disciplinary action against the applicant 946 under s. 468.842(1)(e) or (g). 947 (3) An applicant may not qualify for licensure under this 948 section if he or she has had a mold assessor or mold remediator 949 license or a license in any related field revoked at any time or 950 suspended within the previous 5 years or has been assessed a 951 fine that exceeds $500 within the previous 5 years. For purposes 952 of this subsection, a license in a related field includes, but 953 is not limited to, licensure in real estate, construction, home 954 inspection, building code administration or inspection, or 955 indoor air quality. 956 (4) An applicant for licensure under this section must 957 comply with the good moral character and insurance requirements 958 of this part. 959 Section 25. Section 468.8424, Florida Statutes, is created 960 to read: 961 468.8424 Rulemaking authority.—The department shall adopt 962 rules to administer this part. 963 Section 26. Subsection (22) of section 489.103, Florida 964 Statutes, is amended to read: 965 489.103 Exemptions.—This part does not apply to: 966 (22) A person licensed pursuant to s. 633.061(1)(d) or 967 (3)(2)(b) performing work authorized by such license. 968 Section 27. Subsection (1) of section 489.5335, Florida 969 Statutes, is amended to read: 970 489.5335 Journeyman; reciprocity; standards.— 971 (1) An individual who holds a valid, active journeyman 972 license in the electrical trade issued by any county or 973 municipality in this state may work as a journeyman in any other 974 county or municipality of this state without taking an 975 additional examination or paying an additional license fee, if 976 he or she: 977 (a) Has scored at least 70 percent, or after October 1, 978 1997, at least 75 percent, on a proctored journeyman Block and 979 Associates examination or other proctored examination approved 980 by the board for the electrical trade; 981 (b) Has completed an apprenticeship program registered with 982 the Department of Labor and Employment Security and demonstrates 983 4 years’ verifiable practical experience in the electrical 984 trade, or demonstrates 6 years’ verifiable practical experience 985 in the electrical trade; 986 (c) Has satisfactorily completed specialized and advanced 987 module coursework approved by the Florida Building Commission, 988 as part of the building code training program established in s. 989 553.841, specific to the discipline, and successfully completed990the program’s core curriculum courses or passed an equivalency991test in lieu of taking the core curriculum courses and provided992proof of completion of such curriculum courses or examination993and obtained a certificate from the board pursuant to this part994 or,pursuant to authorization by the certifying authority, 995 provides proof of completion of such curriculum or coursework 996 within 6 months after such certification; and 997 (d) Has not had a license suspended or revoked within the 998 last 5 years. 999 Section 28. Subsections (2), (8), and (9) of section 1000 553.37, Florida Statutes, are amended, and subsection (12) is 1001 added to that section, to read: 1002 553.37 Rules; inspections; and insignia.— 1003 (2) The department shall adopt rules to address: 1004 (a) Procedures and qualifications for approval of third 1005 party plan review and inspection agencies and of those who 1006 perform inspections and plan reviews. 1007 (b) Investigation of consumer complaints of noncompliance 1008 of manufactured buildings with the Florida Building Code and the 1009 Florida Fire Prevention Code. 1010 (c) Issuance, cancellation, and revocation of any insignia 1011 issued by the department and procedures for auditing and 1012 accounting for disposition of them. 1013 (d) Monitoring the manufacturers’, inspection agencies’, 1014 and plan review agencies’ compliance with this part and the 1015 Florida Building Code. Monitoring may include, but is not 1016 limited to, performing audits of plans, inspections of 1017 manufacturing facilities and observation of the manufacturing 1018 and inspection process, and onsite inspections of buildings. 1019 (e) The performance by the department and its designees and 1020 contractors of any other functions required by this part. 1021 (8) The department, by rule, shall establish a schedule of 1022 fees to pay the cost of the administration and enforcement of 1023 this part. The rule may provide for manufacturers to pay fees to 1024 the administrator directly via the Building Code Information 1025 System. 1026 (9) The department may delegate its enforcement authority 1027 to a state department having building construction 1028 responsibilities or a local government, and may enter into 1029 contracts for the performance of its administrative duties under 1030 this part. The department may delegate its plan review and 1031 inspection authority to one or more of the following in any 1032 combination: 1033 (a) A state department having building construction 1034 responsibilities; 1035 (b) A local government; 1036 (c) An approved inspection agency; 1037 (d) An approved plan review agency; or 1038 (e) An agency of another state. 1039 (12) Custom or one-of-a-kind prototype manufactured 1040 buildings are not required to have state approval, but must be 1041 in compliance with all local requirements of the governmental 1042 agency having jurisdiction at the installation site. 1043 Section 29. Section 553.375, Florida Statutes, is amended 1044 to read: 1045 553.375 Recertification of manufactured buildings.—Prior to 1046 the relocation to a site that has a higher design wind speed, 1047 modification, or change of occupancy of a manufactured building 1048 within the state, the manufacturer, dealer, or owner thereof may 1049 apply to the department for recertification of that manufactured 1050 building. The department shall, by rule, provide what 1051 information the applicant must submit for recertification and 1052 for plan review and inspection of such manufactured buildings 1053 and shall establish fees for recertification. Upon a 1054 determination by the department that the manufactured building 1055 complies with the applicable building codes, the department 1056 shall issue a recertification insignia. A manufactured building 1057 that bears recertification insignia does not require any 1058 additional approval by an enforcement jurisdiction in which the 1059 building is sold or installed, and is considered to comply with 1060 all applicable codes. As an alternative to recertification by 1061 the department, the manufacturer, dealer, or owner of a 1062 manufactured building may seek appropriate permitting and a 1063 certificate of occupancy from the local jurisdiction in 1064 accordance with procedures generally applicable under the 1065 Florida Building Code. 1066 Section 30. Subsection (1) of section 553.512, Florida 1067 Statutes, is amended to read: 1068 553.512 Modifications and waivers; advisory council.— 1069 (1) The Florida Building Commission shall provide by 1070 regulation criteria for granting individual modifications of, or 1071 exceptions from, the literal requirements of this part upon a 1072 determination of unnecessary, unreasonable, or extreme hardship, 1073 provided such waivers shall not violate federal accessibility 1074 laws and regulations and shall be reviewed by the Accessibility 1075 Advisory Council. The commission shall establish by rule a fee 1076 to be paid upon submitting a request for a waiver as provided in 1077 this section. Notwithstanding any other provision of this 1078 subsection, if an applicant for a waiver demonstrates economic 1079 hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver 1080 shall be granted. The commission may not consider waiving any of 1081 the requirements of s. 553.5041 unless the applicant first 1082 demonstrates that she or he has applied for and been denied 1083 waiver or variance from all local government zoning, subdivision 1084 regulations, or other ordinances that prevent compliance 1085 therewith. Further, the commission may not waive the requirement 1086 of s. 553.5041(5)(a) and (c)1. governing the minimum width of 1087 accessible routes and minimum width of accessible parking 1088 spaces. 1089 Section 31. Effective October 1, 2010, section 553.721, 1090 Florida Statutes, is amended to read: 1091 553.721 Surcharge.— 1092(1)In order for the Department of Community Affairs to 1093 administer and carry out the purposes of this part and related 1094 activities, there is hereby created a surcharge, to be assessed 1095 at the rate of 1.5 percent of all permit fees associated with 1096 enforcement of the Florida Building Code as defined by the 1097 uniform account criteria and specifically the uniform account 1098 code for building permits adopted for local government financial 1099 reporting pursuant to s. 218.32. The minimum amount collected on 1100 any permit issued shall be $2one-half cent per square foot1101under-roof floor space permitted pursuant to s.125.56(4) or s.1102166.201. However, for additions, alterations, or renovations to1103existing buildings, the surcharge shall be computed on the basis1104of the square footage being added, altered, or renovated. The 1105 unit of government responsible for collecting a permit fee 1106 pursuant to s. 125.56(4)or s. 166.201 shall collect such 1107 surcharge and electronically remit the funds collected to the 1108 department on a quarterly calendar basis beginning not later 1109 than December 31, 2010, for the preceding quarter, and 1110 continuing each third month thereafter, and such unit of 1111 government shallmayretain 10an amount up to 5percent of the 1112 surcharge collected to fund the participation of building 1113 departments in the national and state building code promulgation 1114 processes and to provide education related to enforcement of the 1115 Florida Building Codecover costs associated with the collection1116and remittance of such surcharge. All funds remitted to the 1117 department pursuant to this subsection shall be deposited in the 1118 Operating Trust Fund. Funds collected from such surcharge shall 1119 be used exclusively for the duties of the Florida Building 1120 Commission and the Department of Community Affairs under this 1121 chapternot be used to fund research on techniques for1122mitigation of radon in existing buildings. Funds used by the 1123 department as well as funds to be transferred to the Department 1124 of Health shall be as prescribed in the annual General 1125 Appropriations Act. The department shall adopt rules governing 1126 the collection and remittance of surcharges in accordance with 1127 chapter 120. 1128(2) Notwithstanding subsection (1), and for the 2008-20091129fiscal year only, the amount transferred from the Operating1130Trust Fund to the Grants and Donations Trust Fund of the1131Department of Community Affairs pursuant to the General1132Appropriations Act for the 2008-2009 fiscal year shall be used1133for the regional planning councils, civil legal assistance, and1134the Front Porch Florida Initiative.1135 Section 32. Subsections (2) and (3) and paragraph (b) of 1136 subsection (4) of section 553.73, Florida Statutes, are amended, 1137 present subsections (5) through (13) of that section are 1138 renumbered as subsections (6) through (14), respectively, a new 1139 subsection (5) is added to that section, paragraph (a) of 1140 present subsection (6) and present subsections (7) and (9) of 1141 that section are amended, and subsections (15) and (16) are 1142 added to that section, to read: 1143 553.73 Florida Building Code.— 1144 (2) The Florida Building Code shall contain provisions or 1145 requirements for public and private buildings, structures, and 1146 facilities relative to structural, mechanical, electrical, 1147 plumbing, energy, and gas systems, existing buildings, 1148 historical buildings, manufactured buildings, elevators, coastal 1149 construction, lodging facilities, food sales and food service 1150 facilities, health care facilities, including assisted living 1151 facilities, adult day care facilities, hospice residential and 1152 inpatient facilities and units, and facilities for the control 1153 of radiation hazards, public or private educational facilities, 1154 swimming pools, and correctional facilities and enforcement of 1155 and compliance with such provisions or requirements. Further, 1156 the Florida Building Code must provide for uniform 1157 implementation of ss. 515.25, 515.27, and 515.29 by including 1158 standards and criteria for residential swimming pool barriers, 1159 pool covers, latching devices, door and window exit alarms, and 1160 other equipment required therein, which are consistent with the 1161 intent of s. 515.23. Technical provisions to be contained within 1162 the Florida Building Code are restricted to requirements related 1163 to the types of materials used and construction methods and 1164 standards employed in order to meet criteria specified in the 1165 Florida Building Code. Provisions relating to the personnel, 1166 supervision or training of personnel, or any other professional 1167 qualification requirements relating to contractors or their 1168 workforce may not be included within the Florida Building Code, 1169 and subsections (4),(5),(6), (7),and(8), and (9) are not to 1170 be construed to allow the inclusion of such provisions within 1171 the Florida Building Code by amendment. This restriction applies 1172 to both initial development and amendment of the Florida 1173 Building Code. 1174 (3) The commission shall select from available national or 1175 international model building codes, or other available building 1176 codes and standards currently recognized by the laws of this 1177 state, to form the foundation for the Florida Building Code. The 1178 commission may modify the selected model codes and standards as 1179 needed to accommodate the specific needs of this state. 1180 Standards or criteria referenced by the selected model codes 1181 shall be similarly incorporated by reference. If a referenced 1182 standard or criterion requires amplification or modification to 1183 be appropriate for use in this state, only the amplification or 1184 modification shall be specifically set forth in the Florida 1185 Building Code. The Florida Building Commission may approve 1186 technical amendments to the code, subject to the requirements of 1187 subsections (8)(7)and (9)(8), after the amendments have been 1188 subject to the following conditions: 1189 (a) The proposed amendment has been published on the 1190 commission’s website for a minimum of 45 days and all the 1191 associated documentation has been made available to any 1192 interested party before any consideration by any Technical 1193 Advisory Committee; 1194 (b) In order for a Technical Advisory Committee to make a 1195 favorable recommendation to the commission, the proposal must 1196 receive a three-fourths vote of the members present at the 1197 Technical Advisory Committee meeting and at least half of the 1198 regular members must be present in order to conduct a meeting; 1199 (c) After Technical Advisory Committee consideration and a 1200 recommendation for approval of any proposed amendment, the 1201 proposal must be published on the commission’s website for not 1202 less than 45 days before any consideration by the commission; 1203 and 1204 (d) Any proposal may be modified by the commission based on 1205 public testimony and evidence from a public hearing held in 1206 accordance with chapter 120. 1207 1208 The commission shall incorporate within sections of the Florida 1209 Building Code provisions which address regional and local 1210 concerns and variations. The commission shall make every effort 1211 to minimize conflicts between the Florida Building Code, the 1212 Florida Fire Prevention Code, and the Life Safety Code. 1213 (4) 1214 (b) Local governments may, subject to the limitations of 1215 this section, adopt amendments to the technical provisions of 1216 the Florida Building Code which apply solely within the 1217 jurisdiction of such government and which provide for more 1218 stringent requirements than those specified in the Florida 1219 Building Code, not more than once every 6 months. A local 1220 government may adopt technical amendments that address local 1221 needs if: 1222 1. The local governing body determines, following a public 1223 hearing which has been advertised in a newspaper of general 1224 circulation at least 10 days before the hearing, that there is a 1225 need to strengthen the requirements of the Florida Building 1226 Code. The determination must be based upon a review of local 1227 conditions by the local governing body, which review 1228 demonstrates by evidence or data that the geographical 1229 jurisdiction governed by the local governing body exhibits a 1230 local need to strengthen the Florida Building Code beyond the 1231 needs or regional variation addressed by the Florida Building 1232 Code, that the local need is addressed by the proposed local 1233 amendment, and that the amendment is no more stringent than 1234 necessary to address the local need. 1235 2. Such additional requirements are not discriminatory 1236 against materials, products, or construction techniques of 1237 demonstrated capabilities. 1238 3. Such additional requirements may not introduce a new 1239 subject not addressed in the Florida Building Code. 1240 4. The enforcing agency shall make readily available, in a 1241 usable format, all amendments adopted pursuant to this section. 1242 5. Any amendment to the Florida Building Code shall be 1243 transmitted within 30 days by the adopting local government to 1244 the commission. The commission shall maintain copies of all such 1245 amendments in a format that is usable and obtainable by the 1246 public. Local technical amendments shall not become effective 1247 until 30 days after the amendment has been received and 1248 published by the commission. 1249 6. Any amendment to the Florida Building Code adopted by a 1250 local government pursuant to this paragraph shall be effective 1251 only until the adoption by the commission of the new edition of 1252 the Florida Building Code every third year. At such time, the 1253 commission shall review such amendment for consistency with the 1254 criteria in paragraph (9)(8)(a) and adopt such amendment as part 1255 of the Florida Building Code or rescind the amendment. The 1256 commission shall immediately notify the respective local 1257 government of the rescission of any amendment. After receiving 1258 such notice, the respective local government may readopt the 1259 rescinded amendment pursuant to the provisions of this 1260 paragraph. 1261 7. Each county and municipality desiring to make local 1262 technical amendments to the Florida Building Code shall by 1263 interlocal agreement establish a countywide compliance review 1264 board to review any amendment to the Florida Building Code, 1265 adopted by a local government within the county pursuant to this 1266 paragraph, that is challenged by any substantially affected 1267 party for purposes of determining the amendment’s compliance 1268 with this paragraph. If challenged, the local technical 1269 amendments shall not become effective until time for filing an 1270 appeal pursuant to subparagraph 8. has expired or, if there is 1271 an appeal, until the commission issues its final order 1272 determining the adopted amendment is in compliance with this 1273 subsection. 1274 8. If the compliance review board determines such amendment 1275 is not in compliance with this paragraph, the compliance review 1276 board shall notify such local government of the noncompliance 1277 and that the amendment is invalid and unenforceable until the 1278 local government corrects the amendment to bring it into 1279 compliance. The local government may appeal the decision of the 1280 compliance review board to the commission. If the compliance 1281 review board determines such amendment to be in compliance with 1282 this paragraph, any substantially affected party may appeal such 1283 determination to the commission. Any such appeal shall be filed 1284 with the commission within 14 days of the board’s written 1285 determination. The commission shall promptly refer the appeal to 1286 the Division of Administrative Hearings for the assignment of an 1287 administrative law judge. The administrative law judge shall 1288 conduct the required hearing within 30 days, and shall enter a 1289 recommended order within 30 days of the conclusion of such 1290 hearing. The commission shall enter a final order within 30 days 1291 thereafter. The provisions of chapter 120 and the uniform rules 1292 of procedure shall apply to such proceedings. The local 1293 government adopting the amendment that is subject to challenge 1294 has the burden of proving that the amendment complies with this 1295 paragraph in proceedings before the compliance review board and 1296 the commission, as applicable. Actions of the commission are 1297 subject to judicial review pursuant to s. 120.68. The compliance 1298 review board shall determine whether its decisions apply to a 1299 respective local jurisdiction or apply countywide. 1300 9. An amendment adopted under this paragraph shall include 1301 a fiscal impact statement which documents the costs and benefits 1302 of the proposed amendment. Criteria for the fiscal impact 1303 statement shall include the impact to local government relative 1304 to enforcement, the impact to property and building owners, as 1305 well as to industry, relative to the cost of compliance. The 1306 fiscal impact statement may not be used as a basis for 1307 challenging the amendment for compliance. 1308 10. In addition to subparagraphs 7. and 9., the commission 1309 may review any amendments adopted pursuant to this subsection 1310 and make nonbinding recommendations related to compliance of 1311 such amendments with this subsection. 1312 (5) Notwithstanding subsection (4), counties and 1313 municipalities may adopt by ordinance an administrative or 1314 technical amendment to the Florida Building Code relating to 1315 flood resistance in order to implement the National Flood 1316 Insurance Program or incentives. Specifically, an administrative 1317 amendment may assign the duty to enforce all or portions of 1318 flood-related code provisions to the appropriate agencies of the 1319 local government and adopt procedures for variances and 1320 exceptions from flood-related code provisions other than 1321 provisions for structures seaward of the coastal construction 1322 control line consistent with the requirements in 44 C.F.R. s. 1323 60.6. A technical amendment is authorized to the extent that it 1324 is more stringent than the code. A technical amendment is not 1325 subject to the requirements of subsection (4) and may not be 1326 rendered void when the code is updated if the amendment is 1327 adopted for the purpose of participating in the Community Rating 1328 System promulgated pursuant to 42 U.S.C. s. 4022, the amendment 1329 had already been adopted by local ordinance prior to July 1, 1330 2010, or the amendment requires a design flood elevation above 1331 the base flood elevation. Any amendment adopted pursuant to this 1332 subsection shall be transmitted to the commission within 30 days 1333 after adoption. 1334 (7)(6)(a) The commission, by rule adopted pursuant to ss. 1335 120.536(1) and 120.54, shall update the Florida Building Code 1336 every 3 years. When updating the Florida Building Code, the 1337 commission shall select the most current version of the 1338 International Building Code, the International Fuel Gas Code, 1339 the International Mechanical Code, the International Plumbing 1340 Code, and the International Residential Code, all of which are 1341 adopted by the International Code Council, and the National 1342 Electrical Code, which is adopted by the National Fire 1343 Protection Association, to form the foundation codes of the 1344 updated Florida Building Code, if the version has been adopted 1345 by the applicable model code entityand made available to the1346public at least 6 months prior to its selection by the1347commission. The commission shall select the most current version 1348 of the International Energy Conservation Code (IECC) as a 1349 foundation code; however, the IECC shall be modified by the 1350 commission to maintain the efficiencies of the Florida Energy 1351 Efficiency Code for Building Construction adopted and amended 1352 pursuant to s. 553.901. 1353 (8)(7)Notwithstanding the provisions of subsection (3) or 1354 subsection (7)(6), the commission may address issues identified 1355 in this subsection by amending the code pursuant only to the 1356 rule adoption procedures contained in chapter 120. Provisions of 1357 the Florida Building Code, including those contained in 1358 referenced standards and criteria, relating to wind resistance 1359 or the prevention of water intrusion may not be amended pursuant 1360 to this subsection to diminish those construction requirements; 1361 however, the commission may, subject to conditions in this 1362 subsection, amend the provisions to enhance those construction 1363 requirements. Following the approval of any amendments to the 1364 Florida Building Code by the commission and publication of the 1365 amendments on the commission’s website, authorities having 1366 jurisdiction to enforce the Florida Building Code may enforce 1367 the amendments. The commission may approve amendments that are 1368 needed to address: 1369 (a) Conflicts within the updated code; 1370 (b) Conflicts between the updated code and the Florida Fire 1371 Prevention Code adopted pursuant to chapter 633; 1372 (c) The omission of previously adopted Florida-specific 1373 amendments to the updated code if such omission is not supported 1374 by a specific recommendation of a technical advisory committee 1375 or particular action by the commission; 1376 (d) Unintended results from the integration of previously 1377 adopted Florida-specific amendments with the model code; 1378 (e) Equivalency of standards; 1379 (f)(e)Changes to or inconsistencies with federal or state 1380 law; or 1381 (g)(f)Adoption of an updated edition of the National 1382 Electrical Code if the commission finds that delay of 1383 implementing the updated edition causes undue hardship to 1384 stakeholders or otherwise threatens the public health, safety, 1385 and welfare. 1386 (10)(9)The following buildings, structures, and facilities 1387 are exempt from the Florida Building Code as provided by law, 1388 and any further exemptions shall be as determined by the 1389 Legislature and provided by law: 1390 (a) Buildings and structures specifically regulated and 1391 preempted by the Federal Government. 1392 (b) Railroads and ancillary facilities associated with the 1393 railroad. 1394 (c) Nonresidential farm buildings on farms. 1395 (d) Temporary buildings or sheds used exclusively for 1396 construction purposes. 1397 (e) Mobile or modular structures used as temporary offices, 1398 except that the provisions of part II relating to accessibility 1399 by persons with disabilities shall apply to such mobile or 1400 modular structures. 1401 (f) Those structures or facilities of electric utilities, 1402 as defined in s. 366.02, which are directly involved in the 1403 generation, transmission, or distribution of electricity. 1404 (g) Temporary sets, assemblies, or structures used in 1405 commercial motion picture or television production, or any 1406 sound-recording equipment used in such production, on or off the 1407 premises. 1408 (h) Storage sheds that are not designed for human 1409 habitation and that have a floor area of 720 square feet or less 1410 are not required to comply with the mandatory wind-borne-debris 1411 impact standards of the Florida Building Code. 1412 (i) Chickees constructed by the Miccosukee Tribe of Indians 1413 of Florida or the Seminole Tribe of Florida. As used in this 1414 paragraph, the term “chickee” means an open-sided wooden hut 1415 that has a thatched roof of palm or palmetto or other 1416 traditional materials, and that does not incorporate any 1417 electrical, plumbing, or other nonwood features. 1418 (j) Family mausoleums not exceeding 250 square feet in area 1419 which are prefabricated and assembled on site or preassembled 1420 and delivered on site and have walls, roofs, and a floor 1421 constructed of granite, marble, or reinforced concrete. 1422 1423 With the exception of paragraphs (a), (b), (c), and (f), in 1424 order to preserve the health, safety, and welfare of the public, 1425 the Florida Building Commission may, by rule adopted pursuant to 1426 chapter 120, provide for exceptions to the broad categories of 1427 buildings exempted in this section, including exceptions for 1428 application of specific sections of the code or standards 1429 adopted therein. The Department of Agriculture and Consumer 1430 Services shall have exclusive authority to adopt by rule, 1431 pursuant to chapter 120, exceptions to nonresidential farm 1432 buildings exempted in paragraph (c) when reasonably necessary to 1433 preserve public health, safety, and welfare. The exceptions must 1434 be based upon specific criteria, such as under-roof floor area, 1435 aggregate electrical service capacity, HVAC system capacity, or 1436 other building requirements. Further, the commission may 1437 recommend to the Legislature additional categories of buildings, 1438 structures, or facilities which should be exempted from the 1439 Florida Building Code, to be provided by law. The Florida 1440 Building Code does not apply to temporary housing provided by 1441 the Department of Corrections to any prisoner in the state 1442 correctional system. 1443 (15) An agency or local government may not require that 1444 existing mechanical equipment on the surface of a roof be 1445 installed in compliance with the requirements of the Florida 1446 Building Code until the equipment is required to be removed or 1447 replaced. 1448 (16) The Florida Building Code must require that the 1449 illumination in classroom units be designed to provide and 1450 maintain an average of 40 foot-candles of light at each desktop. 1451 Public educational facilities must consider using light-emitting 1452 diode lighting before considering other lighting sources. 1453 Section 33. Subsection (5) is added to section 553.74, 1454 Florida Statutes, to read: 1455 553.74 Florida Building Commission.— 1456 (5) Notwithstanding s. 112.313 or any other provision of 1457 law, a member of any of the commission’s technical advisory 1458 committees, or a member of any other advisory committee or 1459 workgroup of the commission, does not have an impermissible 1460 conflict of interest when representing clients before the 1461 commission or one of its committees or workgroups. However, the 1462 member, in his or her capacity as a member of the committee or 1463 workgroup, may not take part in any discussion regarding or take 1464 action on any matter in which he or she has a direct financial 1465 interest. 1466 Section 34. Subsection (2) of section 553.76, Florida 1467 Statutes, is amended to read: 1468 553.76 General powers of the commission.—The commission is 1469 authorized to: 1470 (2) Issue memoranda of procedure for its internal 1471 management and control. The commission may adopt rules related 1472 to its consensus-based decisionmaking process, including, but 1473 not limited to, super majority voting requirements for 1474 commission actions relating to the adoption of the Florida 1475 Building Code or amendments to the code. 1476 Section 35. Subsections (2) and (4) of section 553.775, 1477 Florida Statutes, are amended to read: 1478 553.775 Interpretations.— 1479 (2) Local enforcement agencies, local building officials, 1480 state agencies, and the commission shall interpret provisions of 1481 the Florida Building Code in a manner that is consistent with 1482 declaratory statements and interpretations entered by the 1483 commission, except that conflicts between the Florida Fire 1484 Prevention Code and the Florida Building Code shall be resolved 1485 in accordance with s. 553.73(11)(10)(c) and (d). 1486 (4) In order to administer this section, the commission may 1487 adopt by rule and impose a fee for filing requests for 1488 declaratory statements and binding and nonbinding 1489 interpretations to recoup the cost of the proceedings which may 1490 not exceed $125 for each request for a nonbinding interpretation 1491 and $250 for each request for a binding review or 1492 interpretation. For proceedings conducted by or in coordination 1493 with a third-party, the rule may provide that payment be made 1494 directly to the third party, who shall remit to the department 1495 that portion of the fee necessary to cover the costs of the 1496 department. 1497 Section 36. Subsection (9) of section 553.79, Florida 1498 Statutes, is amended to read: 1499 553.79 Permits; applications; issuance; inspections.— 1500 (9) Any state agency whose enabling legislation authorizes 1501 it to enforce provisions of the Florida Building Code may enter 1502 into an agreement with any other unit of government to delegate 1503 its responsibility to enforce those provisions and may expend 1504 public funds for permit and inspection fees, which fees may be 1505 no greater than the fees charged others. Inspection services 1506 that are not required to be performed by a state agency under a 1507 federal delegation of responsibility or by a state agency under 1508 the Florida Building Code must be performed under the 1509 alternative plans review and inspection process created in s. 1510 553.791 or by a local governmental entity having authority to 1511 enforce the Florida Building Code. 1512 Section 37. For the purpose of incorporating the amendment 1513 made by this act to section 553.79, Florida Statutes, in a 1514 reference thereto, subsection (1) of section 553.80, Florida 1515 Statutes, is reenacted, and paragraph (c) of subsection (1) and 1516 subsection (3) of that section are amended, to read: 1517 553.80 Enforcement.— 1518 (1) Except as provided in paragraphs (a)-(g), each local 1519 government and each legally constituted enforcement district 1520 with statutory authority shall regulate building construction 1521 and, where authorized in the state agency’s enabling 1522 legislation, each state agency shall enforce the Florida 1523 Building Code required by this part on all public or private 1524 buildings, structures, and facilities, unless such 1525 responsibility has been delegated to another unit of government 1526 pursuant to s. 553.79(9). 1527 (a) Construction regulations relating to correctional 1528 facilities under the jurisdiction of the Department of 1529 Corrections and the Department of Juvenile Justice are to be 1530 enforced exclusively by those departments. 1531 (b) Construction regulations relating to elevator equipment 1532 under the jurisdiction of the Bureau of Elevators of the 1533 Department of Business and Professional Regulation shall be 1534 enforced exclusively by that department. 1535 (c) In addition to the requirements of s. 553.79 and this 1536 section, facilities subject to the provisions of chapter 395 and 1537 partspartII and VIII of chapter 400 shall have facility plans 1538 reviewed and construction surveyed by the state agency 1539 authorized to do so under the requirements of chapter 395 and 1540 partspartII and VIII of chapter 400 and the certification 1541 requirements of the Federal Government. Facilities subject to 1542 the provisions of part IV of chapter 400 may have facility plans 1543 reviewed and shall have construction surveyed by the state 1544 agency authorized to do so under the requirements of part IV of 1545 chapter 400 and the certification requirements of the Federal 1546 Government. 1547 (d) Building plans approved under s. 553.77(3) and state 1548 approved manufactured buildings, including buildings 1549 manufactured and assembled offsite and not intended for 1550 habitation, such as lawn storage buildings and storage sheds, 1551 are exempt from local code enforcing agency plan reviews except 1552 for provisions of the code relating to erection, assembly, or 1553 construction at the site. Erection, assembly, and construction 1554 at the site are subject to local permitting and inspections. 1555 Lawn storage buildings and storage sheds bearing the insignia of 1556 approval of the department are not subject to s. 553.842. Such 1557 buildings that do not exceed 400 square feet may be delivered 1558 and installed without need of a contractor’s or specialty 1559 license. 1560 (e) Construction regulations governing public schools, 1561 state universities, and community colleges shall be enforced as 1562 provided in subsection (6). 1563 (f) The Florida Building Code as it pertains to toll 1564 collection facilities under the jurisdiction of the turnpike 1565 enterprise of the Department of Transportation shall be enforced 1566 exclusively by the turnpike enterprise. 1567 (g) Construction regulations relating to secure mental 1568 health treatment facilities under the jurisdiction of the 1569 Department of Children and Family Services shall be enforced 1570 exclusively by the department in conjunction with the Agency for 1571 Health Care Administration’s review authority under paragraph 1572 (c). 1573 1574 The governing bodies of local governments may provide a schedule 1575 of fees, as authorized by s. 125.56(2) or s. 166.222 and this 1576 section, for the enforcement of the provisions of this part. 1577 Such fees shall be used solely for carrying out the local 1578 government’s responsibilities in enforcing the Florida Building 1579 Code. The authority of state enforcing agencies to set fees for 1580 enforcement shall be derived from authority existing on July 1, 1581 1998. However, nothing contained in this subsection shall 1582 operate to limit such agencies from adjusting their fee schedule 1583 in conformance with existing authority. 1584 (3)(a) Each enforcement district shall be governed by a 1585 board, the composition of which shall be determined by the 1586 affected localities. 1587 (b)1. At its own option, each enforcement district or local 1588 enforcement agency may adoptpromulgaterules granting to the 1589 owner of a single-family residence one or more exemptions from 1590 the Florida Building Code relating to: 1591 a.(a)Addition, alteration, or repairs performed by the 1592 property owner upon his or her own property, provided any 1593 addition or alteration shall not exceed 1,000 square feet or the 1594 square footage of the primary structure, whichever is less. 1595 b.(b)Addition, alteration, or repairs by a nonowner within 1596 a specific cost limitation set by rule, provided the total cost 1597 shall not exceed $5,000 within any 12-month period. 1598 c.(c)Building and inspection fees. 1599 2. However, the exemptions under subparagraph 1. do not 1600 apply to single-family residences that are located in mapped 1601 flood hazard areas, as defined in the code, unless the 1602 enforcement district or local enforcement agency has determined 1603 that the work, which is otherwise exempt, does not constitute a 1604 substantial improvement, including the repair of substantial 1605 damage, of such single-family residences. 1606 3. Each code exemption, as defined in sub-subparagraphs 1607 1.a., b., and c.paragraphs (a), (b), and (c), shall be 1608 certified to the local board 10 days prior to implementation and 1609 shall only be effective in the territorial jurisdiction of the 1610 enforcement district or local enforcement agency implementing 1611 it. 1612 Section 38. Subsections (4) through (9) of section 553.841, 1613 Florida Statutes, are amended to read: 1614 553.841 Building code compliance and mitigation program.— 1615 (4)The department,In administering the Florida Building 1616 Code Compliance and Mitigation Program, the department shall 1617 maintain, update, develop, or cause to be developed:1618(a) A core curriculum that is prerequisite to the advanced1619module coursework.1620(b)advanced modules designed for use by each profession. 1621(c) The core curriculum developed under this subsection1622must be submitted to the Department of Business and Professional1623Regulation for approval. Advanced modules developed under this1624paragraph must be approved by the commission and submitted to1625the respective boards for approval.1626(5) The core curriculum shall cover the information1627required to have all categories of participants appropriately1628informed as to their technical and administrative1629responsibilities in the effective execution of the code process1630by all individuals currently licensed under part XII of chapter1631468, chapter 471, chapter 481, or chapter 489, except as1632otherwise provided in s.471.017. The core curriculum shall be1633prerequisite to the advanced module coursework for all licensees1634and shall be completed by individuals licensed in all categories1635under part XII of chapter 468, chapter 471, chapter 481, or1636chapter 489 within the first 2-year period after initial1637licensure. Core course hours taken by licensees to complete this1638requirement shall count toward fulfillment of required1639continuing education units under part XII of chapter 468,1640chapter 471, chapter 481, or chapter 489.1641 (5)(6)Each biennium, upon receipt of funds by the 1642 Department of Community Affairs from the Construction Industry 1643 Licensing Board and the Electrical Contractors’ Licensing Board 1644 provided under ss. 489.109(3) and 489.509(3), the department 1645 shall determine the amount of funds available for the Florida 1646 Building Code Compliance and Mitigation Program. 1647 (6)(7)If the projects provided through the Florida 1648 Building Code Compliance and Mitigation Program in any state 1649 fiscal year do not require the use of all available funds, the 1650 unused funds shall be carried forward and allocated for use 1651 during the following fiscal year. 1652 (7)(8)The Florida Building Commission shall provide by 1653 rule for the accreditation of courses related to the Florida 1654 Building Code by accreditors approved by the commission. The 1655 commission shall establish qualifications of accreditors and 1656 criteria for the accreditation of courses by rule. The 1657 commission may revoke the accreditation of a course by an 1658 accreditor if the accreditation is demonstrated to violate this 1659 part or the rules of the commission. 1660 (8)(9)This section does not prohibit or limit the subject 1661 areas or development of continuing education or training on the 1662 Florida Building Code by any qualified entity. 1663 Section 39. Subsections (1), (5), (8), and (17) of section 1664 553.842, Florida Statutes, are amended to read: 1665 553.842 Product evaluation and approval.— 1666 (1) The commission shall adopt rules under ss. 120.536(1) 1667 and 120.54 to develop and implement a product evaluation and 1668 approval system that applies statewide to operate in 1669 coordination with the Florida Building Code. The commission may 1670 enter into contracts to provide for administration of the 1671 product evaluation and approval system. The commission’s rules 1672 and any applicable contract may provide that the payment of fees 1673 related to approvals be made directly to the administrator. Any 1674 fee paid by a product manufacturer shall be used only for 1675 funding the product evaluation and approval system. The product 1676 evaluation and approval system shall provide: 1677 (a) Appropriate promotion of innovation and new 1678 technologies. 1679 (b) Processing submittals of products from manufacturers in 1680 a timely manner. 1681 (c) Independent, third-party qualified and accredited 1682 testing and laboratory facilities, product evaluation entities, 1683 quality assurance agencies, certification agencies, and 1684 validation entities. 1685 (d) An easily accessible product acceptance list to 1686 entities subject to the Florida Building Code. 1687 (e) Development of stringent but reasonable testing 1688 criteria based upon existing consensus standards, when 1689 available, for products. 1690 (f) Long-term approvals, where feasible. State and local 1691 approvals will be valid until the requirements of the code on 1692 which the approval is based change, the product changes in a 1693 manner affecting its performance as required by the code, or the 1694 approval is revoked. However, the commission may authorize by 1695 rule editorial revisions to approvals and charge a fee as 1696 provided in this section. 1697 (g) Criteria for revocation of a product approval. 1698 (h) Cost-effectiveness. 1699 (5) Statewide approval of products, methods, or systems of 1700 construction may be achieved by one of the following methods. 1701 One of these methods must be used by the commission to approve 1702 the following categories of products: panel walls, exterior 1703 doors, roofing, skylights, windows, shutters, and structural 1704 components as established by the commission by rule. 1705 (a) Products for which the code establishes standardized 1706 testing or comparative or rational analysis methods shall be 1707 approved by submittal and validation of one of the following 1708 reports or listings indicating that the product or method or 1709 system of construction was evaluated to be in compliance with 1710 the Florida Building Code and that the product or method or 1711 system of construction is, for the purpose intended, at least 1712 equivalent to that required by the Florida Building Code: 1713 1. A certification mark or listing of an approved 1714 certification agency, which may be used only for products for 1715 which the code designates standardized testing; 1716 2. A test report from an approved testing laboratory; 1717 3. A product evaluation report based upon testing or 1718 comparative or rational analysis, or a combination thereof, from 1719 an approved product evaluation entity; or 1720 4. A product evaluation report based upon testing or 1721 comparative or rational analysis, or a combination thereof, 1722 developed and signed and sealed by a professional engineer or 1723 architect, licensed in this state. 1724 1725 A product evaluation report or a certification mark or listing 1726 of an approved certification agency which demonstrates that the 1727 product or method or system of construction complies with the 1728 Florida Building Code for the purpose intended shall be 1729 equivalent to a test report and test procedure as referenced in 1730 the Florida Building Code. An application for state approval of 1731 a product under subparagraph 1. must be approved by the 1732 department after the commission staff or a designee verifies 1733 that the application and related documentation are complete. 1734 This verification must be completed within 10 business days 1735 after receipt of the application. Upon approval by the 1736 department, the product shall be immediately added to the list 1737 of state-approved products maintained under subsection (13). 1738 Approvals by the department shall be reviewed and ratified by 1739 the commission’s program oversight committee except for a 1740 showing of good cause that a review by the full commission is 1741 necessary. The commission shall adopt rules providing a means to 1742 cure deficiencies identified within submittals for products 1743 approved under this paragraph. 1744 (b) Products, methods, or systems of construction for which 1745 there are no specific standardized testing or comparative or 1746 rational analysis methods established in the code may be 1747 approved by submittal and validation of one of the following: 1748 1. A product evaluation report based upon testing or 1749 comparative or rational analysis, or a combination thereof, from 1750 an approved product evaluation entity indicating that the 1751 product or method or system of construction was evaluated to be 1752 in compliance with the intent of the Florida Building Code and 1753 that the product or method or system of construction is, for the 1754 purpose intended, at least equivalent to that required by the 1755 Florida Building Code; or 1756 2. A product evaluation report based upon testing or 1757 comparative or rational analysis, or a combination thereof, 1758 developed and signed and sealed by a professional engineer or 1759 architect, licensed in this state, who certifies that the 1760 product or method or system of construction is, for the purpose 1761 intended, at least equivalent to that required by the Florida 1762 Building Code. 1763 (8) The commission may adopt rules to approve the following 1764 types of entities that produce information on which product 1765 approvals are based. All of the following entities, including 1766 engineers and architects, must comply with a nationally 1767 recognized standard demonstrating independence or no conflict of 1768 interest: 1769 (a) Evaluation entities approved pursuant to this paragraph 1770that meet the criteria for approval adopted by the commission by1771rule. The commission shall specifically approve the National 1772 Evaluation Service, the International Association of Plumbing 1773 and Mechanical Officials Evaluation Servicethe International1774Conference of Building Officials Evaluation Services, the 1775 International Code Council Evaluation Services,the Building1776Officials and Code Administrators International Evaluation1777Services, the Southern Building Code Congress International1778Evaluation Services,and the Miami-Dade County Building Code 1779 Compliance Office Product Control. Architects and engineers 1780 licensed in this state are also approved to conduct product 1781 evaluations as provided in subsection (5). 1782 (b) Testing laboratories accredited by national 1783 organizations, such as A2LA and the National Voluntary 1784 Laboratory Accreditation Program, laboratories accredited by 1785 evaluation entities approved under paragraph (a), and 1786 laboratories that comply with other guidelines for testing 1787 laboratories selected by the commission and adopted by rule. 1788 (c) Quality assurance entities approved by evaluation 1789 entities approved under paragraph (a) and by certification 1790 agencies approved under paragraph (d) and other quality 1791 assurance entities that comply with guidelines selected by the 1792 commission and adopted by rule. 1793 (d) Certification agencies accredited by nationally 1794 recognized accreditors and other certification agencies that 1795 comply with guidelines selected by the commission and adopted by 1796 rule. 1797 (e) Validation entities that comply with accreditation 1798 standards established by the commission by rule. 1799(17)(a) The Florida Building Commission shall review the1800list of evaluation entities in subsection (8) and, in the annual1801report required under s.553.77, shall either recommend1802amendments to the list to add evaluation entities the commission1803determines should be authorized to perform product evaluations1804or shall report on the criteria adopted by rule or to be adopted1805by rule allowing the commission to approve evaluation entities1806that use the commission’s product evaluation process. If the1807commission adopts criteria by rule, the rulemaking process must1808be completed by July 1, 2009.1809(b) Notwithstanding paragraph (8)(a), the International1810Association of Plumbing and Mechanical Officials Evaluation1811Services is approved as an evaluation entity until October 1,18122009. If the association does not obtain permanent approval by1813the commission as an evaluation entity by October 1, 2009,1814products approved on the basis of an association evaluation must1815be substituted by an alternative, approved entity by December181631, 2009, and on January 1, 2010, any product approval issued by1817the commission based on an association evaluation is void.1818 Section 40. Subsection (4) is added to section 553.844, 1819 Florida Statutes, to read: 1820 553.844 Windstorm loss mitigation; requirements for roofs 1821 and opening protection.— 1822 (4) Notwithstanding the provisions of this section, exposed 1823 mechanical equipment or appliances fastened to a roof or 1824 installed on the ground in compliance with the code using rated 1825 stands, platforms, curbs, slabs, or other means are deemed to 1826 comply with the wind-resistance requirements of the 2007 Florida 1827 Building Code, as amended. Further support or enclosure of such 1828 mechanical equipment or appliances may not be required by a 1829 state or local official having authority to enforce the Florida 1830 Building Code. This subsection expires on the effective date of 1831 the 2010 Florida Building Code. 1832 Section 41. Section 553.885, Florida Statutes, is amended 1833 to read: 1834 553.885 Carbon monoxide alarm required.— 1835 (1) Every separate building or addition to an existing 1836 building, other than a hospital, an inpatient hospice facility, 1837 or a nursing home facility licensed by the Agency for Health 1838 Care Administration, constructedfor which a building permit is1839issued for new constructionon or after July 1, 2008, and having 1840 a fossil-fuel-burning heater or appliance, a fireplace,oran 1841 attached garage, or other feature, fixture, or element that 1842 emits carbon monoxide as a byproduct of combustion shall have an 1843 approved operational carbon monoxide alarm installed within 10 1844 feet of each room used for sleeping purposes in the new building 1845 or addition, or at such other locations as required by the 1846 Florida Building Code. The requirements of this subsection may 1847 be satisfied with the installation of a hard-wired or battery 1848 powered carbon monoxide alarm or a hard-wired or battery-powered 1849 combination carbon monoxide and smoke alarm. For a new hospital, 1850 an inpatient hospice facility,ora nursing home facility 1851 licensed by the Agency for Health Care Administration, or a new 1852 state correctional institution, an approved operational carbon 1853 monoxide detector shall be installed inside or directly outside 1854 of each room or area within the hospital or facility where a 1855 fossil-fuel-burning heater, engine, or appliance is located. 1856 This detector shall be connected to the fire alarm system of the 1857 hospital or facility as a supervisory signal. This subsection 1858 does not apply to existing buildings that are undergoing 1859 alterations or repairs unless the alteration is an addition as 1860 defined in subsection (3). 1861 (2) The Florida Building Commission shall adopt rules to 1862 administer this section and shall incorporate such requirements 1863 into its next revision of the Florida Building Code. 1864 (3) As used in this section, the term: 1865 (a) “Carbon monoxide alarm” means a device that is meant 1866 for the purpose of detecting carbon monoxide, that produces a 1867 distinct audible alarm, and that meets the requirements of and 1868 is approved by the Florida Building Commission. 1869 (b) “Fossil fuel” means coal, kerosene, oil, fuel gases, or 1870 other petroleum or hydrocarbon product that emits carbon 1871 monoxide as a by-product of combustion. 1872 (c) “Addition” means an extension or increase in floor 1873 area, number of stories, or height of a building or structure. 1874 Section 42. Subsection (2) of section 553.9061, Florida 1875 Statutes, is amended to read: 1876 553.9061 Scheduled increases in thermal efficiency 1877 standards.— 1878 (2) The Florida Building Commission shall identify within 1879 code support and compliance documentation the specific building 1880 options and elements available to meet the energy performance 1881 goals established in subsection (1). Energy efficiency 1882 performance options and elements include, but are not limited 1883 to: 1884 (a) Energy-efficient water heating systems, including solar 1885 water heating. 1886 (b) Energy-efficient appliances. 1887 (c) Energy-efficient windows, doors, and skylights. 1888 (d) Low solar-absorption roofs, also known as “cool roofs.” 1889 (e) Enhanced ceiling and wall insulation. 1890 (f) Reduced-leak duct systems and energy-saving devices and 1891 features installed within duct systems. 1892 (g) Programmable thermostats. 1893 (h) Energy-efficient lighting systems. 1894 (i) Energy-saving quality installation procedures for 1895 replacement air-conditioning systems, including, but not limited 1896 to, equipment sizing analysis and duct inspection. 1897 (j) Shading devices, sunscreening materials, and overhangs. 1898 (k) Weatherstripping, caulking, and sealing of exterior 1899 openings and penetrations. 1900 (l) Energy-efficient centralized computer data centers in 1901 office buildings. 1902 Section 43. Subsections (3) and (4) of section 553.909, 1903 Florida Statutes, are amended to read: 1904 553.909 Setting requirements for appliances; exceptions.— 1905 (3) Commercial or residential swimming pool pumps or water 1906 heaters manufactured on orsoldafter July 1, 2011, shall comply 1907 with the requirements of this subsection. 1908 (a) Natural gas pool heaters shall not be equipped with 1909 constantly burning pilots. 1910 (b) Heat pump pool heaters shall have a coefficient of 1911 performance at low temperature of not less than 4.0. 1912 (c) The thermal efficiency of gas-fired pool heaters and 1913 oil-fired pool heaters shall not be less than 78 percent. 1914 (d) All pool heaters shall have a readily accessible on-off 1915 switch that is mounted outside the heater and that allows 1916 shutting off the heater without adjusting the thermostat 1917 setting. 1918 (4)(a) Residential swimming pool filtration pumps and pump 1919 motors manufactured on or after July 1, 2011, must comply with 1920 the requirements in this subsection. 1921 (b) Residential filtration pool pump motors shall not be 1922 split-phase, shaded-pole, or capacitor start-induction run 1923 types. 1924 (c) Residential filtration pool pumps and pool pump motors 1925 with a total horsepower of 1 HP or more shall have the 1926 capability of operating at two or more speeds with a low speed 1927 having a rotation rate that is no more than one-half of the 1928 motor’s maximum rotation rate. 1929 (d) Residential filtration pool pump motor controls shall 1930 have the capability of operating the pool pump at a minimum of 1931 two speeds. The default circulation speed shall be the 1932 residential filtration speed, with a higher speed override 1933 capability being for a temporary period not to exceed one normal 1934 cycle or 24 hours120 minutes, whichever is less; except that 1935 circulation speed for solar pool heating systems shall be 1936 permitted to run at higher speeds during periods of usable solar 1937 heat gain. 1938 Section 44. Section 553.912, Florida Statutes, is amended 1939 to read: 1940 553.912 Air conditioners.—All air conditioners thatwhich1941 are sold or installed in the state shall meet the minimum 1942 efficiency ratings of the Florida Energy Efficiency Code for 1943 Building Construction. These efficiency ratings shall be 1944 minimums and may be updated in the Florida Energy Efficiency 1945 Code for Building Construction by the department in accordance 1946 with s. 553.901, following its determination that more cost 1947 effective energy-saving equipment and techniques are available. 1948 It is the intent of the Legislature that all replacement air 1949 conditioning systems should be installed using energy-saving, 1950 quality installation procedures, including, but not limited to, 1951 equipment sizing analysis and duct inspection. 1952 Section 45. Subsection (2) of section 627.711, Florida 1953 Statutes, is amended to read: 1954 627.711 Notice of premium discounts for hurricane loss 1955 mitigation; uniform mitigation verification inspection form.— 1956 (2) By July 1, 2007, the Financial Services Commission 1957 shall develop by rule a uniform mitigation verification 1958 inspection form that shall be used by all insurers when 1959 submitted by policyholders for the purpose of factoring 1960 discounts for wind insurance. In developing the form, the 1961 commission shall seek input from insurance, construction, and 1962 building code representatives. Further, the commission shall 1963 provide guidance as to the length of time the inspection results 1964 are valid. An insurer shall accept as valid a uniform mitigation 1965 verification form certified by the Department of Financial 1966 Services or signed by: 1967 (a) A hurricane mitigation inspector certified by the My 1968 Safe Florida Home program; 1969 (b) A building code inspector certified under s. 468.607; 1970 (c) A general, building, or residential contractor licensed 1971 under s. 489.111; 1972 (d) A professional engineer licensed under s. 471.015who1973has passed the appropriate equivalency test of the Building Code1974Training Program as required by s.553.841; 1975 (e) A professional architect licensed under s. 481.213;or1976 (f) A home inspector licensed under s. 468.8314 who has 1977 completed at least 2 hours of mitigation training; or 1978 (g)(f)Any other individual or entity recognized by the 1979 insurer as possessing the necessary qualifications to properly 1980 complete a uniform mitigation verification form. 1981 Section 46. Subsections (7) through (28) of section 1982 633.021, Florida Statutes, are renumbered as subsections (8) 1983 through (29), respectively, a new subsection (7) is added to 1984 that section, and present subsection (20) of that section is 1985 amended, to read: 1986 633.021 Definitions.—As used in this chapter: 1987 (7)(a) “Fire equipment dealer Class A” means a licensed 1988 fire equipment dealer whose business is limited to servicing, 1989 recharging, repairing, installing, or inspecting all types of 1990 fire extinguishers and conducting hydrostatic tests on all types 1991 of fire extinguishers. 1992 (b) “Fire equipment dealer Class B” means a licensed fire 1993 equipment dealer whose business is limited to servicing, 1994 recharging, repairing, installing, or inspecting all types of 1995 fire extinguishers, including recharging carbon dioxide units 1996 and conducting hydrostatic tests on all types of fire 1997 extinguishers, except carbon dioxide units. 1998 (c) “Fire equipment dealer Class C” means a licensed fire 1999 equipment dealer whose business is limited to servicing, 2000 recharging, repairing, installing, or inspecting all types of 2001 fire extinguishers, except recharging carbon dioxide units, and 2002 conducting hydrostatic tests on all types of fire extinguishers, 2003 except carbon dioxide units. 2004 (d) “Fire equipment dealer Class D” means a licensed fire 2005 equipment dealer whose business is limited to servicing, 2006 recharging, repairing, installing, hydrotesting, or inspecting 2007 of all types of preengineered fire extinguishing systems. 2008 (21)(a)(20)A “preengineered system” is a fire suppression 2009 system thatwhich: 2010 1.(a)Uses any of a variety of extinguishing agents. 2011 2.(b)Is designed to protect specific hazards. 2012 3.(c)Must be installed according to pretested limitations 2013 and configurations specified by the manufacturer and applicable 2014 National Fire Protection Association (NFPA) standards. Only 2015 those chapters within the National Fire Protection Association 2016 standards which pertain to servicing, recharging, repairing, 2017 installing, hydrotesting, or inspecting any type of 2018 preengineered fire extinguishing system may be used. 2019 4.(d)Must be installed using components specified by the 2020 manufacturer or components that are listed as equal parts by a 2021 nationally recognized testing laboratory such as Underwriters 2022 Laboratories, Inc., or Factory Mutual Laboratories, Inc. 2023 5.(e)Must be listed by a nationally recognized testing 2024 laboratory. 2025 (b) Preengineered systems consist of and include all of the 2026 components and parts providing fire suppression protection, but 2027 do not include the equipment being protected, and may 2028 incorporate special nozzles, flow rates, methods of application, 2029 pressurization levels, and quantities of agents designed by the 2030 manufacturer for specific hazards. 2031 Section 47. Paragraph (b) of subsection (3) of section 2032 633.0215, Florida Statutes, is amended, and subsections (13) and 2033 (14) are added to that section, to read: 2034 633.0215 Florida Fire Prevention Code.— 2035 (3) No later than 180 days before the triennial adoption of 2036 the Florida Fire Prevention Code, the State Fire Marshal shall 2037 notify each municipal, county, and special district fire 2038 department of the triennial code adoption and steps necessary 2039 for local amendments to be included within the code. No later 2040 than 120 days before the triennial adoption of the Florida Fire 2041 Prevention Code, each local jurisdiction shall provide the State 2042 Fire Marshal with copies of its local fire code amendments. The 2043 State Fire Marshal has the option to process local fire code 2044 amendments that are received less than 120 days before the 2045 adoption date of the Florida Fire Prevention Code. 2046 (b) Any local amendment to the Florida Fire Prevention Code 2047 adopted by a local government shall be effective only until the 2048 adoption of the new edition of the Florida Fire Prevention Code, 2049 which shall be every third year. At such time, the State Fire 2050 Marshal shall adopt such amendment as part of the Florida Fire 2051 Prevention Code or rescind the amendment. The State Fire Marshal 2052 shall immediately notify the respective local government of the 2053 rescission of the amendment and the reason for the rescission. 2054 After receiving such notice, the respective local government may 2055 readopt the rescinded amendment. Incorporation of local 2056 amendments as regional and local concerns and variations shall 2057 be considered as adoption of an amendment pursuant to this 2058 sectionpart. 2059 (13)(a) The State Fire Marshal shall issue an expedited 2060 declaratory statement relating to interpretations of provisions 2061 of the Florida Fire Prevention Code according to the following 2062 guidelines: 2063 1. The declaratory statement shall be rendered in 2064 accordance with s. 120.565, except that a final decision must be 2065 issued by the State Fire Marshal within 45 days after the 2066 division’s receipt of a petition seeking an expedited 2067 declaratory statement. The State Fire Marshal shall give notice 2068 of the petition and the expedited declaratory statement or the 2069 denial of the petition in the next available issue of the 2070 Florida Administrative Weekly after the petition is filed and 2071 after the statement or denial is rendered. 2072 2. The petitioner must be the owner of the disputed project 2073 or the owner’s representative. 2074 3. The petition for an expedited declaratory statement must 2075 be: 2076 a. Related to an active project that is under construction 2077 or must have been submitted for a permit. 2078 b. The subject of a written notice citing a specific 2079 provision of the Florida Fire Prevention Code which is in 2080 dispute. 2081 c. Limited to a single question that is capable of being 2082 answered with a “yes” or “no” response. 2083 (b) A petition for a declaratory statement which does not 2084 meet all of the requirements of this subsection must be denied 2085 without prejudice. This subsection does not affect the right of 2086 the petitioner as a substantially affected person to seek a 2087 declaratory statement under s. 633.01(6). 2088 (14) A condominium that is one or two stories in height and 2089 has an exterior corridor providing a means of egress is exempt 2090 from installing a manual fire alarm system as required in s. 9.6 2091 of the most recent edition of the Life Safety Code adopted in 2092 the Florida Fire Prevention Code. 2093 Section 48. Subsections (2) and (10) of section 633.0245, 2094 Florida Statutes, are amended to read: 2095 633.0245 State Fire Marshal Nursing Home Fire Protection 2096 Loan Guarantee Program.— 2097 (2) The State Fire Marshal may enter into limited loan 2098 guarantee agreements with one or more financial institutions 2099 qualified as public depositories in this state. Such agreements 2100 shall provide a limited guarantee by the State of Florida 2101 covering no more than 50 percent of the principal sum loaned by 2102 such financial institution to an eligible nursing home, as 2103 defined in subsection (10), for the sole purpose of the initial 2104 installation at such nursing home of a fire protection system, 2105 as defined in s. 633.021(10)(9), approved by the State Fire 2106 Marshal as being in compliance with the provisions of s. 633.022 2107 and rules adopted thereunder. 2108 (10) For purposes of this section, “eligible nursing home” 2109 means a nursing home facility that provides nursing services as 2110 defined in chapter 464, is licensed under part II of chapter 2111 400, and is certified by the Agency for Health Care 2112 Administration to lack an installed fire protection system as 2113 defined in s. 633.021(10)(9). 2114 Section 49. Subsection (11) is added to section 633.025, 2115 Florida Statutes, to read: 2116 633.025 Minimum firesafety standards.— 2117 (11) Notwithstanding the provisions of subsection (9), a 2118 property owner shall not be required to install fire sprinklers 2119 in any residential property based on the use of such property as 2120 a rental property or any change in or reclassification of the 2121 property’s primary use to a rental property. 2122 Section 50. Section 633.026, Florida Statutes, is amended 2123 to read: 2124 633.026 Legislative intent; informal interpretations of the 2125 Florida Fire Prevention Code.—It is the intent of the 2126 Legislature that the Florida Fire Prevention Code be interpreted 2127 by fire officials and local enforcement agencies in a manner 2128 that reasonably and cost-effectively protects the public safety, 2129 health, and welfare, ensures uniform interpretations throughout 2130 this state, and provides just and expeditious processes for 2131 resolving disputes regarding such interpretations. It is the 2132 further intent of the Legislature that such processes provide 2133 for the expeditious resolution of the issues presented and that 2134 the resulting interpretation of such issues be published on the 2135 website of the Division of State Fire Marshal. 2136 (1) The Division of State Fire Marshal shall by rule 2137 establish an informal process of rendering nonbinding 2138 interpretations of the Florida Fire Prevention Code. The 2139 Division of State Fire Marshal may contract with and refer 2140 interpretive issues to a third party, selected based upon cost 2141 effectiveness, quality of services to be performed, and other 2142 performance-based criteria, whichnonprofit organization that2143 has experience in interpreting and enforcing the Florida Fire 2144 Prevention Code.The Division of State Fire Marshal shall2145immediately implement the process prior to the completion of2146formal rulemaking.It is the intent of the Legislature that the 2147 Division of State Fire Marshal establishcreatea Fire Code 2148 Interpretation Committee composed of seven persons and seven 2149 alternates, equally representing each area of the stateprocess2150to refer questions to a small group of individuals certified2151under s.633.081(2), to which a party can pose questions 2152 regarding the interpretation of the Florida Fire Prevention Code 2153 provisions. 2154 (2) Each member and alternate member of the Fire Code 2155 Interpretation Committee must be certified as a firesafety 2156 inspector pursuant to s. 633.081(2) and must have a minimum of 5 2157 years of experience interpreting and enforcing the Florida Fire 2158 Prevention Code and the Life Safety Code. Each member and 2159 alternate member must be approved by the Division of State Fire 2160 Marshal and deemed by the division to have met these 2161 requirements for at least 30 days before participating in a 2162 review of a nonbinding interpretation.It is the intent of the2163Legislature that the process provide for the expeditious2164resolution of the issues presented and publication of the2165resulting interpretation on the website of the Division of State2166Fire Marshal. It is the intent of the Legislature that this2167program be similar to the program established by the Florida2168Building Commission in s.553.775(3)(g).2169 (3) Each nonbinding interpretation of code provisions must 2170 be provided within 10 business days after receipt of a request 2171 for interpretation. The response period established in this 2172 subsection may be waived only with the written consent of the 2173 party requesting the nonbinding interpretation and the Division 2174 of State Fire Marshal. NonbindingSuchinterpretations shall be 2175 advisory only and nonbinding on the parties or the State Fire 2176 Marshal. 2177 (4) In order to administer this section, the Division of 2178 State Fire Marshal shall chargedepartment may adopt by rule and2179imposea fee for nonbinding interpretations, with payment made2180directly to the third party. The fee may not exceed $150 for 2181 each request for a review or interpretation. The division may 2182 authorize payment of fees directly to the nonprofit organization 2183 under contract pursuant to subsection (1). 2184 (5) A party requesting a nonbinding interpretation who 2185 disagrees with the interpretation issued under this section may 2186 apply for a formal interpretation from the State Fire Marshal 2187 pursuant to s. 633.01(6). 2188 (6) The Division of State Fire Marshal shall issue or cause 2189 to be issued a nonbinding interpretation of the Florida Fire 2190 Prevention Code pursuant to this section when requested to do so 2191 upon submission of a petition by a fire official or by the owner 2192 or owner’s representative or the contractor or contractor’s 2193 representative of a project in dispute. The division shall adopt 2194 a petition form by rule and the petition form must be published 2195 on the State Fire Marshal’s website. The form shall, at a 2196 minimum, require: 2197 (a) The name and address of the local fire official, 2198 including the address of the county, municipality, or special 2199 district. 2200 (b) The name and address of the owner or owner’s 2201 representative or the contractor or contractor’s representative. 2202 (c) A statement of the specific sections of the Florida 2203 Fire Prevention Code being interpreted by the local fire 2204 official. 2205 (d) An explanation of how the petitioner’s substantial 2206 interests are being affected by the local interpretation of the 2207 Florida Fire Prevention Code. 2208 (e) A statement of the interpretation of the specific 2209 sections of the Florida Fire Prevention Code by the local fire 2210 official. 2211 (f) A statement of the interpretation that the petitioner 2212 contends should be given to the specific sections of the Florida 2213 Fire Prevention Code and a statement supporting the petitioner’s 2214 interpretation. 2215 (7) Upon receipt of a petition that meets the requirements 2216 of subsection (6), the Division of State Fire Marshal shall 2217 immediately provide copies of the petition to the Fire Code 2218 Interpretation Committee, and shall publish the petition and any 2219 response submitted by the local fire official on the State Fire 2220 Marshal’s website. 2221 (8) The committee shall conduct proceedings as necessary to 2222 resolve the issues and give due regard to the petition, the 2223 facts of the matter at issue, specific code sections cited, and 2224 any statutory implications affecting the Florida Fire Prevention 2225 Code. The committee shall issue an interpretation regarding the 2226 provisions of the Florida Fire Prevention Code within 10 days 2227 after the filing of a petition. The committee shall issue an 2228 interpretation based upon the Florida Fire Prevention Code or, 2229 if the code is ambiguous, the intent of the code. The 2230 committee’s interpretation shall be provided to the petitioner 2231 and shall include a notice that if the petitioner disagrees with 2232 the interpretation, the petitioner may file a request for formal 2233 interpretation by the State Fire Marshal under s. 633.01(6). The 2234 committee’s interpretation shall be provided to the State Fire 2235 Marshal, and the division shall publish the interpretation on 2236 the State Fire Marshal’s website and in the Florida 2237 Administrative Weekly. 2238 Section 51. Present subsections (2) through (10) of section 2239 633.061, Florida Statutes, are renumbered as subsections (3) 2240 through (11), respectively, a new subsection (2) is added to 2241 that section, and paragraphs (a) and (c) of present subsection 2242 (3) of that section are amended, to read: 2243 633.061 Fire suppression equipment; license to install or 2244 maintain.— 2245 (2) A person who holds a valid fire equipment dealer 2246 license may maintain such license in an inactive status during 2247 which time he or she may not engage in any work under the 2248 definition of the license held. An inactive status license shall 2249 be void after 2 years or at the time that the license is 2250 renewed, whichever comes first. The biennial renewal fee for an 2251 inactive status license shall be $75. An inactive status license 2252 may not be reactivated unless the continuing education 2253 requirements of this chapter have been fulfilled. 2254 (4)(3)(a) Such licenses and permits shall be issued by the 2255 State Fire Marshal for 2 years beginning January 1, 2000, and 2256 each 2-year period thereafter and expiring December 31 of the 2257 second year. All licenses or permits issued will expire on 2258 December 31 of each odd-numbered year. The failure to renew a 2259 license or permit by December 31 of the second year will cause 2260 the license or permit to become inoperative. The holder of an 2261 inoperative license or permit shall not engage in any activities 2262 for which a license or permit is required by this section. A 2263 license or permit which is inoperative because of the failure to 2264 renew it shall be restored upon payment of the applicable fee 2265 plus a penalty equal to the applicable fee, if the application 2266 for renewal is filed no later than the following March 31. If 2267 the application for restoration is not made before the March 2268 31st deadline, the fee for restoration shall be equal to the 2269 original application fee and the penalty provided for herein, 2270 and, in addition, the State Fire Marshal shall require 2271 reexamination of the applicant. The fee for a license or permit 2272 issued for 1 year or less shall be prorated at 50 percent of the 2273 applicable fee for a biennial license or permit. After initial 2274 licensure, each licensee or permittee mustshallsuccessfully 2275 complete a course or courses of continuing education for fire 2276 equipment technicians of at least 1632hours. A license or 2277 permit may not be renewed unless the licensee or permittee 2278 produces documentation of the completion of at least 16 hours of 2279 continuing education for fire equipment technicians during the 2280 biennial licensure periodwithin 4 years of initial issuance of2281a license or permit and within each 4-year period thereafter or2282no such license or permit shall be renewed. A person who is both 2283 a licensee and a permittee shall be required to complete 16322284 hours of continuing education during each renewalper 4-year2285 period. Each licensee shall ensure that all permittees in his or 2286 her employment meet their continuing education requirements. The 2287 State Fire Marshal shall adopt rules describing the continuing 2288 education requirements and shall have the authority upon 2289 reasonable belief, to audit a fire equipment dealer to determine 2290 compliance with continuing education requirements. 2291 (c) A license of any class shall not be issued or renewed 2292 by the State Fire Marshal and a license of any class shall not 2293 remain operative unless: 2294 1. The applicant has submitted to the State Fire Marshal 2295 evidence of registration as a Florida corporation or evidence of 2296 compliance with s. 865.09. 2297 2. The State Fire Marshal or his or her designee has by 2298 inspection determined that the applicant possesses the equipment 2299 required for the class of license sought. The State Fire Marshal 2300 shall give an applicant a reasonable opportunity to correct any 2301 deficiencies discovered by inspection. A fee of $50, payable to 2302 the State Fire Marshal, shall be required for any subsequent 2303 reinspection. 2304 3. The applicant has submitted to the State Fire Marshal 2305 proof of insurance providing coverage for comprehensive general 2306 liability for bodily injury and property damage, products 2307 liability, completed operations, and contractual liability. The 2308 State Fire Marshal shall adopt rules providing for the amounts 2309 of such coverage, but such amounts shall not be less than 2310 $300,000 for Class A or Class D licenses, $200,000 for Class B 2311 licenses, and $100,000 for Class C licenses; and the total 2312 coverage for any class of license held in conjunction with a 2313 Class D license shall not be less than $300,000. The State Fire 2314 Marshal may, at any time after the issuance of a license or its 2315 renewal, require upon demand, and in no event more than 30 days 2316 after notice of such demand, the licensee to provide proof of 2317 insurance, on a form provided by the State Fire Marshal, 2318 containing confirmation of insurance coverage as required by 2319 this chapter. Failure, for any length of time, to provide proof 2320 of insurance coverage as required shall result in the immediate 2321 suspension of the license until proof of proper insurance is 2322 provided to the State Fire Marshal. An insurer which provides 2323 such coverage shall notify the State Fire Marshal of any change 2324 in coverage or of any termination, cancellation, or nonrenewal 2325 of any coverage. 2326 4. The applicant applies to the State Fire Marshal, 2327 provides proof of experience, and successfully completes a 2328 prescribed training course offered by the State Fire College or 2329 an equivalent course approved by the State Fire Marshal. This 2330 subparagraph does not apply to any holder of or applicant for a 2331 permit under paragraph (f) or to a business organization or a 2332 governmental entity seeking initial licensure or renewal of an 2333 existing license solely for the purpose of inspecting, 2334 servicing, repairing, marking, recharging, and maintaining fire 2335 extinguishers used and located on the premises of and owned by 2336 such organization or entity. 2337 5. The applicant has a current retestor identification 2338 number that is appropriate for the license for which the 2339 applicant is applying and that is listed with the United States 2340 Department of Transportation. 2341 6. The applicant has passed, with a grade of at least 70 2342 percent, a written examination testing his or her knowledge of 2343 the rules and statutes regulating the activities authorized by 2344 the license and demonstrating his or her knowledge and ability 2345 to perform those tasks in a competent, lawful, and safe manner. 2346 Such examination shall be developed and administered by the 2347 State Fire Marshal, or his or her designee in accordance with 2348 policies and procedures of the State Fire Marshal. An applicant 2349 shall pay a nonrefundable examination fee of $50 for each 2350 examination or reexamination scheduled. No reexamination shall 2351 be scheduled sooner than 30 days after any administration of an 2352 examination to an applicant. No applicant shall be permitted to 2353 take an examination for any level of license more than a total 2354 of four times during 1 year, regardless of the number of 2355 applications submitted. As a prerequisite to licensure of the 2356 applicant: 2357 a. Must be at least 18 years of age. 2358 b. Must have 4 years of proven experience as a fire 2359 equipment permittee at a level equal to or greater than the 2360 level of license applied for or have a combination of education 2361 and experience determined to be equivalent thereto by the State 2362 Fire Marshal. Having held a permit at the appropriate level for 2363 the required period constitutes the required experience. 2364 c. Must not have been convicted of, or pled nolo contendere 2365 to, any felony. If an applicant has been convicted of any such 2366 felony, the applicant must comply with s. 112.011(1)(b). 2367 2368 This subparagraph does not apply to any holder of or applicant 2369 for a permit under paragraph (f) or to a business organization 2370 or a governmental entity seeking initial licensure or renewal of 2371 an existing license solely for the purpose of inspecting, 2372 servicing, repairing, marking, recharging, hydrotesting, and 2373 maintaining fire extinguishers used and located on the premises 2374 of and owned by such organization or entity. 2375 Section 52. Section 633.081, Florida Statutes, is amended 2376 to read: 2377 633.081 Inspection of buildings and equipment; orders; 2378 firesafety inspection training requirements; certification; 2379 disciplinary action.—The State Fire Marshal and her or his 2380 agents shall, at any reasonable hour, when the State Fire 2381 Marshaldepartmenthas reasonable cause to believe that a 2382 violation of this chapter or s. 509.215, or a rule promulgated 2383 thereunder, or a minimum firesafety code adopted by a local 2384 authority, may exist, inspect any and all buildings and 2385 structures which are subject to the requirements of this chapter 2386 or s. 509.215 and rules promulgated thereunder. The authority to 2387 inspect shall extend to all equipment, vehicles, and chemicals 2388 which are located within the premises of any such building or 2389 structure. 2390 (1) Each county, municipality, and special district that 2391 has firesafety enforcement responsibilities shall employ or 2392 contract with a firesafety inspector. Except as provided in s. 2393 633.082(2), the firesafety inspector must conduct all firesafety 2394 inspections that are required by law. The governing body of a 2395 county, municipality, or special district that has firesafety 2396 enforcement responsibilities may provide a schedule of fees to 2397 pay only the costs of inspections conducted pursuant to this 2398 subsection and related administrative expenses. Two or more 2399 counties, municipalities, or special districts that have 2400 firesafety enforcement responsibilities may jointly employ or 2401 contract with a firesafety inspector. 2402 (2) Except as provided in s. 633.082(2), every firesafety 2403 inspection conducted pursuant to state or local firesafety 2404 requirements shall be by a person certified as having met the 2405 inspection training requirements set by the State Fire Marshal. 2406 Such person shall: 2407 (a) Be a high school graduate or the equivalent as 2408 determined by the department; 2409 (b) Not have been found guilty of, or having pleaded guilty 2410 or nolo contendere to, a felony or a crime punishable by 2411 imprisonment of 1 year or more under the law of the United 2412 States, or of any state thereof, which involves moral turpitude, 2413 without regard to whether a judgment of conviction has been 2414 entered by the court having jurisdiction of such cases; 2415 (c) Have her or his fingerprints on file with the 2416 department or with an agency designated by the department; 2417 (d) Have good moral character as determined by the 2418 department; 2419 (e) Be at least 18 years of age; 2420 (f) Have satisfactorily completed the firesafety inspector 2421 certification examination as prescribed by the department; and 2422 (g)1. Have satisfactorily completed, as determined by the 2423 department, a firesafety inspector training program of not less 2424 than 200 hours established by the department and administered by 2425 agencies and institutions approved by the department for the 2426 purpose of providing basic certification training for firesafety 2427 inspectors; or 2428 2. Have received in another state training which is 2429 determined by the department to be at least equivalent to that 2430 required by the department for approved firesafety inspector 2431 education and training programs in this state. 2432 (3) Each special state firesafety inspection which is 2433 required by law and is conducted by or on behalf of an agency of 2434 the state must be performed by an individual who has met the 2435 provision of subsection (2), except that the duration of the 2436 training program shall not exceed 120 hours of specific training 2437 for the type of property that such special state firesafety 2438 inspectors are assigned to inspect. 2439 (4) A firefighter certified pursuant to s. 633.35 may 2440 conduct firesafety inspections, under the supervision of a 2441 certified firesafety inspector, while on duty as a member of a 2442 fire department company conducting inservice firesafety 2443 inspections without being certified as a firesafety inspector, 2444 if such firefighter has satisfactorily completed an inservice 2445 fire department company inspector training program of at least 2446 24 hours’ duration as provided by rule of the department. 2447 (5) Every firesafety inspector or special state firesafety 2448 inspector certificate is valid for a period of 3 years from the 2449 date of issuance. Renewal of certification shall be subject to 2450 the affected person’s completing proper application for renewal 2451 and meeting all of the requirements for renewal as established 2452 under this chapter or by rule promulgated thereunder, which 2453 shall include completion of at least 40 hours during the 2454 preceding 3-year period of continuing education as required by 2455 the rule of the department or, in lieu thereof, successful 2456 passage of an examination as established by the department. 2457 (6) The State Fire Marshal may deny, refuse to renew, 2458 suspend, or revoke the certificate of a firesafety inspector or 2459 special state firesafety inspector if it finds that any of the 2460 following grounds exist: 2461 (a) Any cause for which issuance of a certificate could 2462 have been refused had it then existed and been known to the 2463 State Fire Marshal. 2464 (b) Violation of this chapter or any rule or order of the 2465 State Fire Marshal. 2466 (c) Falsification of records relating to the certificate. 2467 (d) Having been found guilty of or having pleaded guilty or 2468 nolo contendere to a felony, whether or not a judgment of 2469 conviction has been entered. 2470 (e) Failure to meet any of the renewal requirements. 2471 (f) Having been convicted of a crime in any jurisdiction 2472 which directly relates to the practice of fire code inspection, 2473 plan review, or administration. 2474 (g) Making or filing a report or record that the 2475 certificateholder knows to be false, or knowingly inducing 2476 another to file a false report or record, or knowingly failing 2477 to file a report or record required by state or local law, or 2478 knowingly impeding or obstructing such filing, or knowingly 2479 inducing another person to impede or obstruct such filing. 2480 (h) Failing to properly enforce applicable fire codes or 2481 permit requirements within this state which the 2482 certificateholder knows are applicable by committing willful 2483 misconduct, gross negligence, gross misconduct, repeated 2484 negligence, or negligence resulting in a significant danger to 2485 life or property. 2486 (i) Accepting labor, services, or materials at no charge or 2487 at a noncompetitive rate from any person who performs work that 2488 is under the enforcement authority of the certificateholder and 2489 who is not an immediate family member of the certificateholder. 2490 For the purpose of this paragraph, the term “immediate family 2491 member” means a spouse, child, parent, sibling, grandparent, 2492 aunt, uncle, or first cousin of the person or the person’s 2493 spouse or any person who resides in the primary residence of the 2494 certificateholder. 2495 (7) The Division of State Fire Marshal and the Florida 2496 Building Code Administrators and Inspectors Board, established 2497 pursuant to under s. 468.605, shall enter into a reciprocity 2498 agreement to facilitate joint recognition of continuing 2499 education recertification hours for certificateholders licensed 2500 under s. 468.609 and firesafety inspectors certified under 2501 subsection (2). 2502 (8) The State Fire Marshal shall develop by rule an 2503 advanced training and certification program for firesafety 2504 inspectors having fire code management responsibilities. The 2505 program must be consistent with the appropriate provisions of 2506 NFPA 1037, or similar standards adopted by the division, and 2507 establish minimum training, education, and experience levels for 2508 firesafety inspectors having fire code management 2509 responsibilities. 2510 (9)(7)The department shall provide by rule for the 2511 certification of firesafety inspectors. 2512 Section 53. Subsections (2) and (3) of section 633.082, 2513 Florida Statutes, are amended to read: 2514 633.082 Inspection of fire control systems, fire hydrants, 2515 and fire protection systems.— 2516 (2) Fire hydrants and fire protection systems installed in 2517 public and private properties, except one-family or two-family 2518 dwellings,in this stateshall be inspected following procedures 2519 established in the nationally recognized inspection, testing, 2520 and maintenance standards publications NFPA-24 and NFPA-25 as 2521 set forth in the edition adopted by the State Fire Marshal. 2522 Quarterly, annual, 3-year, and 5-year inspections consistent 2523 with the contractual provisions with the owner shall be 2524 conducted by the certificateholder or permittees employed by the 2525 certificateholder pursuant to s. 633.521, except that: 2526 (a) Public fire hydrants owned by a governmental entity 2527 shall be inspected following procedures established in the 2528 inspection, testing, and maintenance standards adopted by the 2529 State Fire Marshal or equivalent standards such as those 2530 contained in the latest edition of the American Water Works 2531 Association’s Manual M17, “Installation, Field Testing, and 2532 Maintenance of Fire Hydrants.” 2533 (b) County, municipal, and special district utilities may 2534 perform fire hydrant inspections required by this section using 2535 designated employees. Such designated employees need not be 2536 certified under this chapter. However, counties, municipalities, 2537 or special districts that use designated employees are 2538 responsible for ensuring that the designated employees are 2539 qualified to perform such inspections. 2540 (3) The inspecting contractor shall provide to the building 2541 owner or hydrant owner and the local authority having 2542 jurisdiction a copy of the applicable inspection report 2543 established under this chapter. The maintenance of fire hydrant 2544 and fire protection systems as well as corrective actions on 2545 deficient systems is the responsibility of the owner of the 2546 system or hydrant. Equipment requiring periodic testing or 2547 operation to ensure its maintenance shall be tested or operated 2548 as specified in the Fire Prevention Code, Life Safety Code, 2549 National Fire Protection Association standards, or as directed 2550 by the agency having jurisdiction, provided that such agency 2551 shall not require a sprinkler system not required by the Fire 2552 Prevention Code, Life Safety Code or National Fire Protection 2553 Association Standards to be removed regardless of its condition. 2554 This section does not prohibit governmental entities from 2555 inspecting and enforcing firesafety codes. 2556 Section 54. Section 633.352, Florida Statutes, is amended 2557 to read: 2558 633.352 Retention of firefighter certification.—Any 2559 certified firefighter who has not been active as a firefighter, 2560 or as a volunteer firefighter with an organized fire department, 2561 for a period of 3 years shall be required to retake the 2562 practical portion of the minimum standards state examination 2563 specified in rule 69A-37.056(6)(b)4A-37.056(6)(b), Florida 2564 Administrative Code, in order to maintain her or his 2565 certification as a firefighter; however, this requirement does 2566 not apply to state-certified firefighters who are certified and 2567 employed as full-time firesafety inspectors or firesafety 2568 instructors, regardless of the firefighter’s employment status 2569as determined by the division. The 3-year period begins on the 2570 date the certificate of compliance is issued or upon termination 2571 of service with an organized fire department. 2572 Section 55. Paragraph (e) of subsection (2) and subsections 2573 (3), (10), and (11) of section 633.521, Florida Statutes, are 2574 amended to read: 2575 633.521 Certificate application and issuance; permit 2576 issuance; examination and investigation of applicant.— 2577 (2) 2578 (e) An applicant may not be examined more than four times 2579 during 1 year for certification as a contractor pursuant to this 2580 section unless the person is or has been certified and is taking 2581 the examination to change classifications. If an applicant does 2582 not pass one or more parts of the examination, she or he may 2583 take any part of the examination three more times during the 1 2584 year period beginning upon the date she or he originally filed 2585 an application to take the examination. If the applicant does 2586 not pass the examination within that 1-year period, she or he 2587 must file a new application and pay the application and 2588 examination fees in order to take the examination or a part of 2589 the examination again. However, the applicant may not file a new 2590 application sooner than 6 months after the date of her or his 2591 last examination. An applicant who passes the examination but 2592 does not meet the remaining qualifications as provided in 2593 applicable statutes and rules within 1 year after the 2594 application date must file a new application, pay the 2595 application and examination fee, successfully complete a 2596 prescribed training course approved by the State Fire College or 2597 an equivalent course approved by the State Fire Marshal, and 2598 retake and pass the written examination. 2599 (3)(a) As a prerequisite to taking the examination for 2600 certification as a Contractor I,Contractor II, or Contractor2601III,the applicant must be at least 18 years of age, be of good 2602 moral character, andshallpossess 4 years’ proven experience in 2603 the employment of a fire protection system Contractor I,2604Contractor II, or Contractor IIIor a combination of equivalent 2605 education and experience in both water-based and chemical fire 2606 suppression systems. 2607 (b) As a prerequisite to taking the examination for 2608 certification as a Contractor II, the applicant must be at least 2609 18 years of age, be of good moral character, and have 4 years of 2610 verifiable employment experience with a fire protection system 2611 as a Contractor I or Contractor II, or a combination of 2612 equivalent education and experience in water-based fire 2613 suppression systems. 2614 (c) Required education and experience for certification as 2615 a Contractor I, Contractor II, Contractor III, or Contractor IV 2616 includes training and experience in both installation and system 2617 layout as defined in s. 633.021. 2618 (d) As a prerequisite to taking the examination for 2619 certification as a Contractor III, the applicant must be at 2620 least 18 years of age, be of good moral character, and have 4 2621 years of verifiable employment experience with a fire protection 2622 system as a Contractor I or Contractor II, or a combination of 2623 equivalent education and experience in chemical fire suppression 2624 systems. 2625 (e) As a prerequisite to taking the examination for 2626 certification as a Contractor IV, the applicant mustshallbe at 2627 least 18 years old, be of good moral character, be licensed as a 2628 certified plumbing contractor under chapter 489, and 2629 successfully complete a training program acceptable to the State 2630 Fire Marshal of not less than 40 contact hours regarding the 2631 applicable installation standard used by the Contractor IV as 2632 described in NFPA 13D. The State Fire Marshal may adopt rules to 2633 administer this subsectionhave at least 2 years’ proven2634experience in the employment of a fire protection system2635Contractor I, Contractor II, Contractor III, or Contractor IV or2636combination of equivalent education and experience which2637combination need not include experience in the employment of a2638fire protection system contractor. 2639 (f) As a prerequisite to taking the examination for 2640 certification as a Contractor V, the applicant mustshallbe at 2641 least 18 years old, be of good moral character, and have been 2642 licensed as a certified underground utility and excavation 2643 contractor or certified plumbing contractor pursuant to chapter 2644 489, have verification by an individual who is licensed as a 2645 certified utility contractor or certified plumbing contractor 2646 pursuant to chapter 489 that the applicant has 4 years’ proven 2647 experience in the employ of a certified underground utility and 2648 excavation contractor or certified plumbing contractor, or have 2649 a combination of education and experience equivalent to 4 years’ 2650 proven experience in the employ of a certified underground 2651 utility and excavation contractor or certified plumbing 2652 contractor. 2653 (g) Within 30 days after the date of the examination, the 2654 State Fire Marshal shall inform the applicant in writing whether 2655 she or he has qualified or not and, if the applicant has 2656 qualified, that she or he is ready to issue a certificate of 2657 competency, subject to compliance with the requirements of 2658 subsection (4). 2659 (10)Effective July 1, 2008,The State Fire Marshal shall 2660 require the National Institute of Certification in Engineering 2661 Technologies (NICET), Sub-field of Inspection and Testing of 2662 Fire Protection Systems Level II or equivalent training and 2663 education as determined by the division as proof that the 2664 permitholders are knowledgeable about nationally accepted 2665 standards for the inspection of fire protection systems.It is2666the intent of this act, from July 1, 2005, until July 1, 2008,2667to accept continuing education of all certificateholders’2668employees who perform inspection functions which specifically2669prepares the permitholder to qualify for NICET II certification.2670 (11) It is intended that a certificateholder, or a 2671 permitholder who is employed by a certificateholder, conduct 2672 inspections required by this chapter. It is understood that 2673 after July 1, 2008, employee turnover may result in a depletion 2674 of personnel who are certified under the NICET Sub-field of 2675 Inspection and Testing of Fire Protection Systems Level II or 2676 equivalent training and education as required by the Division of 2677 State Fire Marshalwhich is required for permitholders.The2678extensive training and experience necessary to achieve NICET2679Level II certification is recognized.A certificateholder may 2680thereforeobtain a provisional permit with an endorsement for 2681 inspection, testing, and maintenance of water-based fire 2682 extinguishing systems for an employee if the employee has 2683 initiated procedures for obtaining Level II certification from 2684 the National Institute for Certification in Engineering 2685 Technologies Sub-field of Inspection and Testing of Fire 2686 Protection Systems and achieved Level I certification or an 2687 equivalent level as determined by the State Fire Marshal through 2688 verification of experience, training, and examination. The State 2689 Fire Marshal may establish rules to administer this subsection. 2690 After 2 years of provisional certification, the employee must 2691 have achieved NICET Level II certification or obtain equivalent 2692 training and education as determined by the division, or cease 2693 performing inspections requiring Level II certification. The 2694 provisional permit is valid only for the 2 calendar years after 2695 the date of issuance, may not be extended, and is not renewable. 2696 After the initial 2-year provisional permit expires, the 2697 certificateholder must wait 2 additional years before a new 2698 provisional permit may be issued. The intent is to prohibit the 2699 certificateholder from using employees who never reach NICET 2700 Level II status, or equivalent training and education as 2701 determined by the division, by continuously obtaining 2702 provisional permits. 2703 Section 56. Subsection (3) is added to section 633.524, 2704 Florida Statutes, to read: 2705 633.524 Certificate and permit fees; use and deposit of 2706 collected funds.— 2707 (3) The State Fire Marshal may enter into a contract with 2708 any qualified public entity or private company in accordance 2709 with chapter 287 to provide examinations for any applicant for 2710 any examination administered under the jurisdiction of the State 2711 Fire Marshal. The State Fire Marshal may direct payments from 2712 each applicant for each examination directly to such contracted 2713 entity or company. 2714 Section 57. Subsection (4) of section 633.537, Florida 2715 Statutes, is amended to read: 2716 633.537 Certificate; expiration; renewal; inactive 2717 certificate; continuing education.— 2718 (4) The renewal period for the permit class is the same as 2719 that for the employing certificateholder. The continuing 2720 education requirements for permitholders are what is required to 2721 maintain NICET Sub-field of Inspection and Testing of Fire 2722 Protection Systems Level II, equivalent training and education 2723 as determined by the division, or higher certification plus 8 2724 contact hours of continuing education approved by the State Fire 2725 Marshal during each biennial renewal period thereafter.The2726continuing education curriculum from July 1, 2005, until July 1,27272008, shall be the preparatory curriculum for NICET II2728certification; after July 1, 2008, the technical curriculum is2729at the discretion of the State Fire Marshal and may be used to2730meet the maintenance of NICET Level II certification and 82731contact hours of continuing education requirements.It is the 2732 responsibility of the permitholder to maintain NICET II 2733 certification or equivalent training and education as determined 2734 by the division as a condition of permit renewal after July 1, 2735 2008. 2736 Section 58. Subsection (4) of section 633.72, Florida 2737 Statutes, is amended to read: 2738 633.72 Florida Fire Code Advisory Council.— 2739 (4) Each appointee shall serve a 4-year term. No member 2740 shall serve more than two consecutive termsone term. No member 2741 of the council shall be paid a salary as such member, but each 2742 shall receive travel and expense reimbursement as provided in s. 2743 112.061. 2744 Section 59. Subsection (6) of section 718.113, Florida 2745 Statutes, is repealed. 2746 Section 60. The Florida Building Commission shall revise 2747 the Florida Building Code in order to make it consistent with 2748 the revisions made by this act to s. 399.02, Florida Statutes. 2749 Section 61. (1) The Department of Management Services shall 2750 consider the energy efficiency of all materials used in the 2751 construction, alteration, repair, or rebuilding of a building or 2752 facility owned or operated by a state agency. Whenever feasible, 2753 the department shall lease a building or facility that has high 2754 efficiency lighting. 2755 (2) The Department of Management Services shall adopt rules 2756 requiring a state agency to install high-efficiency lamps when 2757 replacing an existing lamp or installing a new lamp in a 2758 building owned by the state agency. 2759 Section 62. Except as otherwise expressly provided in this 2760 act, this act shall take effect July 1, 2010. 2761
