September 18, 2020
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HB 0129CS

CHAMBER ACTION




1The Committee on Local Government & Veterans' Affairs recommends
2the following:
3
4     Committee Substitute
5     Remove the entire bill and insert:
6
7
A bill to be entitled
8An act relating to emergency elevator access; providing
9requirements relating to regional emergency elevator
10access; requiring elevators in certain newly constructed
11or certain substantially improved buildings to be keyed
12alike within each of the state emergency response regions;
13providing for these requirements to be phased in for
14certain existing buildings; restricting the duplication
15and issuance of master elevator keys; requiring the
16labeling of master elevator keys; allowing local fire
17marshals to allow substitute emergency measures for
18elevator access in certain circumstances; providing for
19appeal of the local fire marshal's decision; providing for
20the State Fire Marshal to enforce the act; encouraging
21builders to use applicable new technology to provide
22regional emergency elevator access; providing penalties
23for violations; authorizing the Department of Financial
24Services to adopt rules; amending s. 399.03, F.S.;
25providing for waiver of a permit under certain
26circumstances; creating s. 399.1061, F.S.; creating the
27Elevator Safety Technical Advisory Council within the
28Division of Hotels and Restaurants of the Department of
29Business and Professional Regulation; providing for the
30membership of the council; requiring the council to
31provide technical assistance to the division; providing
32for appointments and terms of office; providing for
33payment of per diem and travel expenses; amending s.
34399.13, F.S.; authorizing a county or municipality to
35assess a reasonable fee for inspections performed by its
36inspectors; requiring counties to enforce the Florida
37Building Code as it relates to elevators; authorizing a
38county to impose certain fees and fines; prohibiting a
39county or municipality from taking disciplinary action
40against certain certifications or registrations;
41authorizing the Department of Business and Professional
42Regulation to initiate disciplinary action against a
43registration or certification at the request of a county
44or municipality; repealing s. 399.106, F.S., relating to
45the former Elevator Safety Technical Advisory Committee;
46providing a finding of important state interest; providing
47effective dates.
48
49Be It Enacted by the Legislature of the State of Florida:
50
51     Section 1.  Regional emergency elevator access.--
52     (1)  In order to provide emergency access to elevators:
53     (a)  For each building in this state which is six or more
54stories in height, including, but not limited to, hotels and
55condominiums, on which construction is begun after June 30,
562004, all of the keys for elevators that allow public access,
57including, but not limited to, service and freight elevators,
58must be keyed so as to allow all elevators within each of the
59seven state emergency response regions to operate in fire
60emergency situations with one master elevator key.
61     (b)  Any building in this state which is six or more
62stories in height and has undergone "substantial improvement" as
63defined in section 161.54(12), Florida Statutes, must also
64comply with paragraph (a).
65     (2)  Each existing building in this state which is six or
66more stories in height must comply with subsection (1) before
67July 1, 2007.
68     (3)  In addition to elevator owners, owners' agents,
69elevator contractors, state-certified inspectors, and state
70agency representatives, master elevator keys may be issued only
71to the fire department and may not be issued to any other
72emergency response agency. A person may not duplicate a master
73elevator key for issuance to, or issue such a key to, anyone
74other than authorized fire department personnel. Each master
75elevator key must be marked "DO NOT DUPLICATE."
76     (4)  If it is technically, financially, or physically
77impossible to bring a building into compliance with this
78section, the local fire marshal may allow substitute emergency
79measures that will provide reasonable emergency elevator access.
80The local fire marshal's decision regarding substitute measures
81may be appealed to the State Fire Marshal.
82     (5)  The Division of State Fire Marshal of the Department
83of Financial Services shall enforce this section. Any person who
84fails to comply with the requirements of this section is subject
85to an administrative fine of not more than $1,000, in addition
86to any other penalty provided by law. All administrative fines
87shall be deposited into the Insurance Regulatory Trust Fund.
88     (6)  Builders should make every effort to use new
89technology and developments in keying systems which make it
90possible to convert existing equipment so as to provide
91efficient regional emergency elevator access.
92     (7)  The Department of Financial Services shall adopt rules
93to implement this section, including rules to determine the
94master elevator key to be used within each of the emergency
95response regions.
96     Section 2.  Subsection (1) of section 399.03, Florida
97Statutes, is amended to read:
98     399.03  Design, installation, and alteration of
99conveyances.--
100     (1)  A conveyance covered by this chapter may not be
101erected, constructed, installed, or altered within buildings or
102structures until a permit has been obtained from the department.
103Permits must be applied for by a registered elevator company and
104may only be granted upon receipt and approval of an application
105to be made on a form prescribed by the department, accompanied
106by proper fees and a sworn statement from an agent of the
107registered elevator company that the plans meet all applicable
108elevator safety and building codes. Permits may be granted only
109to registered elevator companies in good standing. When any
110material alteration is made, the alteration must conform to
111applicable requirements of the Florida Building Code and the
112provisions of this chapter. A copy of the permit and plans must
113be kept at the construction site at all times while the work is
114in progress and until a certificate of operation is issued. A
115permit shall not be required for construction or repair of
116elevators in seeking to attain compliance with emergency
117elevator access requirements. Elevator owners shall forward to
118the department, in an electronic format approved by the
119department, an emergency access notification that compliance
120measures are either not required or are being implemented. The
121emergency access notification must also contain specific
122compliance information, including the current compliance status,
123specific measures required to attain compliance, and
124certification by a state-certified inspector. Fees may not be
125assessed for the filing of the emergency access notification.
126The department shall maintain an emergency elevator access
127registry that is available to the State Fire Marshal of the
128Department of Financial Services for enforcement purposes. The
129Department of Business and Professional Regulation shall adopt
130rules to administer this section.
131     Section 3.  Section 399.1061, Florida Statutes, is created
132to read:
133     399.1061  Elevator Safety Technical Advisory Council.--
134     (1)  The Elevator Safety Technical Advisory Council is
135created within the division and shall consist of eight members
136appointed by the secretary of the department who meet the
137following criteria: one representative from a major elevator
138manufacturing company or its authorized representative; one
139representative from an elevator servicing company; one
140representative from a building design profession; one
141representative of the general public; one representative of a
142local government in this state; one representative of a building
143owner or manager; one representative of labor involved in the
144installation, maintenance, and repair of elevators; and one
145representative who is a certified elevator inspector from a
146private inspection service. The council shall provide technical
147assistance to the division in support of protecting the health,
148safety, and welfare of the public and shall give the division
149the benefit of the council members' knowledge and experience
150concerning the industries and individual businesses affected by
151the laws and rules administered by the division.
152     (2)(a)  The council members shall serve 4-year terms,
153except that to provide for staggered terms four of the initial
154appointees, as specified by rule, shall serve 2-year terms. All
155subsequent appointments shall be for 4-year terms. The council
156shall appoint one of the members to serve as chair.
157     (b)  The council members shall serve without compensation,
158except that the members may be reimbursed for per diem and
159travel expenses as provided in s. 112.061.
160     (3)  The council may consult with engineering authorities
161and organizations concerned with standard safety codes for
162recommendations to the department regarding rules for the
163operation, maintenance, servicing, construction, alteration,
164installation, or inspection of vertical conveyances subject to
165this chapter.
166     Section 4.  Section 399.13, Florida Statutes, is amended to
167read:
168     399.13  Delegation of authority to municipalities or
169counties.--
170     (1)  The department may enter into contracts with
171municipalities or counties under which the such municipalities
172or counties will issue construction permits and certificates of
173operation; will provide for inspection of elevators, including
174temporary operation inspections; and will enforce the applicable
175provisions of the Florida Building Code, as required by this
176chapter. The municipality or county may choose to require
177inspections to be performed by its own inspectors or by private
178certified elevator inspectors. The municipality or county may
179assess a reasonable fee for inspections performed by its
180inspectors. Each such agreement shall include a provision that
181the municipality or county shall maintain for inspection by the
182department copies of all applications for permits issued, a copy
183of each inspection report issued, and proper records showing the
184number of certificates of operation issued; shall include a
185provision that each required inspection be conducted by a
186certified elevator inspector; and may include such other
187provisions as the department deems necessary. The county shall
188enforce the Florida Building Code as it applies to this chapter
189and may impose fees and assess and collect fines as part of its
190enforcement activities. A county or municipality may not issue
191or take disciplinary action against a certificate of competency,
192an elevator inspector certification, an elevator technician
193certification, or an elevator company registration. However, the
194department may initiate disciplinary action against a
195registration or certification at the request of a county or
196municipality.
197     (2)  The department may make inspections of elevators in
198the such municipality or county for the purpose of determining
199that the provisions of this chapter are being met and may cancel
200the contract with any municipality or county that which the
201department finds has failed to comply with the such contract or
202the provisions of this chapter.  The amendments to chapter 399
203by this act shall apply only to the installation, relocation, or
204alteration of an elevator for which a permit has been issued
205after October 1, 1990.
206     Section 5.  Section 399.106, Florida Statutes, is repealed.
207     Section 6.  The Legislature finds that the provisions of
208this act fulfill an important state interest.
209     Section 7.  This act shall take effect upon becoming a law,
210except that section 1 of this act, which provides for regional
211emergency elevator access, shall take effect October 1, 2004.


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