November 26, 2020
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HB 0129CS


1The Committee on Insurance recommends the following:
3     Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
7An act relating to elevator safety; creating s. 399.025,
8F.S.; providing for regional emergency elevator access;
9requiring elevators in certain newly constructed or
10substantially renovated buildings within a state emergency
11response region to be operable in a fire emergency
12situation through the use of a single master elevator key;
13requiring compliance for certain existing buildings by a
14specified date; restricting the duplication and issuance
15of master elevator keys; authorizing local fire marshals
16to allow substitute emergency measures for emergency
17elevator access in certain circumstances; providing for
18appeal of a local fire marshal's decision; providing for
19enforcement by the Division of State Fire Marshal of the
20Department of Financial Services; providing a penalty for
21violation; providing for deposit of fines; providing an
22exemption for specified buildings; providing rulemaking
23authority of the Division of State Fire Marshal; amending
24s. 399.03, F.S.; providing for waiver of a permit fee
25under certain circumstances; creating s. 399.1061, F.S.;
26reestablishing the Elevator Safety Technical Advisory
27Committee within the Division of Hotels and Restaurants of
28the Department of Business and Professional Regulation;
29providing for membership of the committee; requiring the
30committee to provide technical assistance to the division;
31providing for terms of members; providing for per diem and
32travel expenses; providing for the continuation of terms
33of specified members of the committee; repealing s.
34399.106, F.S., relating to the Elevator Safety Technical
35Advisory Committee, which terminated on December 31, 2003;
36providing effective dates.
38Be It Enacted by the Legislature of the State of Florida:
40     Section 1.  Effective July 1, 2004, section 399.025,
41Florida Statutes, is created to read:
42     399.025  Regional emergency elevator access.--
43     (1)  In order to provide emergency access to elevators:
44     (a)  For each building in this state which is six or more
45stories in height, including, but not limited to, hotels and
46condominiums, on which construction is begun after June 30,
472004, all keys for elevators that allow public access,
48including, but not limited to, service and freight elevators,
49must be keyed in a manner that will allow all elevators within
50each of the seven state emergency response regions to operate in
51fire emergency situations by using one master elevator key.
52     (b)  Any building in this state which is six or more
53stories in height and is "substantially renovated" as defined in
54the Americans with Disabilities Act, as amended, after June 30,
552004, must also comply with the requirements of paragraph (a).
56     (2)  Each existing building in this state which is six or
57more stories in height must comply with the requirements of
58subsection (1) before July 1, 2007.
59     (3)  In addition to elevator owners, elevator owners'
60agents, elevator contractors, state certified inspectors, and
61State of Florida agency representatives, master elevator keys
62may be issued only to fire departments and may not be issued to
63any other emergency-response agency.  A person may not duplicate
64a master elevator key for issuance to, or issue a master
65elevator key to, anyone other than authorized fire department
66personnel.  Each master elevator key must be marked "DO NOT
68     (4)  If it is technically or physically impossible to bring
69a building into compliance with this section, the local fire
70marshal may allow substitute emergency measures that will
71provide reasonable emergency elevator access.  The local fire
72marshal's decision regarding substitute measures may be appealed
73to the State Fire Marshal.
74     (5)  The Division of State Fire Marshal of the Department
75of Financial Services shall enforce this section.  Any person
76who fails to comply with the requirements of this section is
77subject to an administrative fine of not greater than $1,000, in
78addition to any other penalty provided by law.  All
79administrative fines shall be deposited into the Insurance
80Regulatory Trust Fund.
81     (6)  Builders should make every effort to use new
82technology and developments in keying systems that make it
83possible to convert existing equipment in a manner that will
84provide efficient regional emergency elevator access.
85     (7)  Any building operated by an independent special
86district or an airport that has 24-hour emergency response
87services is exempt from this section.
88     (8)  The Division of State Fire Marshal shall adopt rules
89to implement this section, including rules to determine the
90master elevator key to be used within each of the emergency
91response regions.
92     Section 2.  Subsection (1) of section 399.03, Florida
93Statutes, is amended to read:
94     399.03  Design, installation, and alteration of
96     (1)  A conveyance covered by this chapter may not be
97erected, constructed, installed, or altered within buildings or
98structures until a permit has been obtained from the department.  
99Permits must be applied for by a registered elevator company and
100may only be granted upon receipt and approval of an application
101to be made on a form prescribed by the department, accompanied
102by proper fees and a sworn statement from an agent of the
103registered elevator company that the plans meet all applicable
104elevator safety and building codes.  Permits may be granted only
105to registered elevator companies in good standing.  When any
106material alteration is made, the alteration must conform to
107applicable requirements of the Florida Building Code and the
108provisions of this chapter.  A copy of the permit and plans must
109be kept at the construction site at all times while the work is
110in progress and until a certificate of operation is issued.  If
111a permit is required to alter an elevator in order for the
112elevator to comply with s. 399.025, the permit fee required by
113the department shall be waived.
114     Section 3.  Section 399.1061, Florida Statutes, is created
115to read:
116     399.1061  Elevator Safety Technical Advisory Committee.--
117     (1)  The Elevator Safety Technical Advisory Committee is
118created within the Division of Hotels and Restaurants of the
119Department of Business and Professional Regulation. The advisory
120committee shall consist of eight members, to be appointed by the
121Secretary of Business and Professional Regulation as follows:
122one representative from a major elevator manufacturing company
123or its authorized representative; one representative from an
124elevator servicing company; one representative from the building
125design profession; one representative of the general public; one
126representative of a local government in this state; one
127representative of building owners or managers; one
128representative of labor involved in the installation,
129maintenance, and repair of elevators; and one representative who
130is a certified elevator inspector from a private inspection
131service. The committee shall provide technical assistance to the
132division in support of protecting the health, safety, and
133welfare of the public and shall give the division the benefit of
134the committee members' knowledge and experience concerning the
135industries and individual businesses affected by the laws and
136rules administered by the division.
137     (2)  The committee members shall serve staggered terms of 4
138years to be set by rule. Members of the committee shall serve
139without compensation, but are entitled to reimbursement for per
140diem and travel expenses as provided in s. 112.061.  The
141committee shall appoint one of the members to serve as chair.
142     (3)  The committee may consult with engineering authorities
143and organizations concerned with standard safety codes for
144recommendations to the department regarding rules governing the
145operation, maintenance, servicing, construction, alteration,
146installation, or inspection of vertical conveyances subject to
147this chapter.
148     Section 4.  Any member of the Elevator Safety Technical
149Advisory Committee whose term of office was terminated on
150December 31, 2003, as provided by s. 399.106, Florida Statutes,
151but who had held the appointment for less than 4 years on that
152date, shall be reappointed for the remainder of his or her 4-
153year term.  The Secretary of Business and Professional
154Regulation shall appoint the other members of the committee to
155staggered terms of office as provided by s. 399.1061, Florida
157     Section 5.  Section 399.106, Florida Statutes, is repealed.
158     Section 6.  Except as otherwise provided herein, this act
159shall take effect upon becoming law.

CODING: Words stricken are deletions; words underlined are additions.
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