CS/HB 663

A bill to be entitled
2An act relating to building safety; amending s. 399.02,
3F.S.; exempting certain elevators from provisions
4requiring modifications to certain elevator controls;
5amending s. 399.15, F.S.; providing an alternative method
6to allow access to regional emergency elevators; providing
7for a uniform lock box; providing for a master key;
8providing the Division of State Fire Marshal with
9enforcement authority; directing the Department of
10Financial Services to select the provider of the uniform
11lock box; amending s. 468.8311, F.S.; revising the term
12"home inspection services"; amending s. 468.8312, F.S.;
13deleting a fee provision for certain certificates of
14authorization; amending s. 468.8313, F.S.; revising
15examination requirements for licensure as a home
16inspector; providing application fingerprinting
17requirements and procedures; providing for applicant
18responsibility for certain costs; amending s. 468.8318,
19F.S.; revising requirements and procedures for
20certification of corporations and partnerships offering
21home inspection services to the public; deleting
22provisions relating to required certificates of
23authorization; specifying application and prospective
24operation of certain provisions; amending s. 468.8319,
25F.S.; revising certain prohibitions with respect to
26providers of home inspection services; amending s.
27468.832, F.S.; providing an additional ground for taking
28certain disciplinary actions; amending s. 468.8324, F.S.;
29specifying additional requirements for licensure as a home
30inspector; creating s. 468.8325, F.S.; requiring the
31department to adopt rules to administer pt. XV, ch. 468,
32F.S., relating to home inspectors; amending s. 468.8412,
33F.S.; deleting a fee provision for certain biennial
34certificates of authorization renewal; amending s.
35468.8413, F.S.; revising examination requirements and
36procedures for licensure as a mold assessor or mold
37remediator; amending s. 468.8414, F.S.; specifying an
38additional applicant qualification criterion for licensure
39by endorsement; amending s. 468.8418, F.S.; revising
40requirements and procedures for certification of
41corporations and partnerships offering mold assessment or
42mold remediation services to the public; deleting
43provisions relating to required certificates of
44authorization; specifying application and prospective
45operation of certain provisions; amending s. 468.842,
46F.S.; providing an additional ground for taking certain
47disciplinary actions; amending s. 468.8421, F.S.;
48specifying an insurance coverage requirement for mold
49assessors; amending s. 468.8423, F.S.; specifying
50additional requirements for licensure as a mold assessor
51or mold remediator; creating s. 468.8424, F.S.; requiring
52the department to adopt rules to administer pt. XVI, ch.
53468, F.S., relating to mold-related services; amending s.
54489.103, F.S.; conforming a cross-reference; amending s.
55553.37, F.S.; authorizing manufacturers to pay inspection
56fees directly to the provider of inspection services;
57providing requirements for department rules regarding the
58schedule of fees; authorizing the department to enter into
59contracts for the performance of certain administrative
60duties; revising inspection requirements for certain
61custom manufactured buildings; amending s. 553.375, F.S.;
62revising the requirement for recertification of
63manufactured buildings prior to relocation; amending s.
64553.509, F.S.; deleting certain requirements for alternate
65power sources for elevators for purposes of operating
66during an emergency; amending s. 553.512, F.S.; requiring
67the Florida Building Commission to establish by rule a fee
68for certain waiver requests; amending s. 553.73, F.S.;
69conforming cross-references; authorizing counties and
70municipalities to adopt by ordinance administrative or
71technical amendments to the Florida Building Code for
72certain flood-related purposes; specifying requirements
73and procedures; revising foundation code adoption
74requirements; authorizing the Florida Building Commission
75to approve amendments relating to equivalency of
76standards; authorizing the commission to approve
77amendments necessary to accommodate state agency rules to
78meet federal requirements for design criteria relating to
79public educational facilities and state-licensed
80facilities; exempting certain mausoleums from the
81requirements of the Florida Building Code; exempting
82certain temporary housing provided by the Department of
83Corrections from the requirements of the Florida Building
84Code; restricting the code, code enforcement agencies, and
85local governments from imposing requirements on certain
86mechanical equipment on roofs; requiring that the Florida
87Building Code contain certain requirements regarding
88illumination in classroom units; requiring that classroom
89units be designed to provide and maintain an average of 40
90foot-candles of light at each desktop; requiring that
91public educational facilities consider using light-
92emitting diode lighting before considering other lighting
93sources; amending s. 553.74, F.S.; specifying absence of
94impermissible conflicts of interest for certain committee
95or workgroup members while representing clients under
96certain circumstances; specifying certain prohibited
97activities for such members; amending s. 553.76, F.S.;
98authorizing the Florida Building Commission to adopt rules
99related to consensus-building decisionmaking; amending s.
100553.775, F.S.; conforming a cross-reference; authorizing
101the commission to charge a fee for filing certain requests
102and for nonbinding interpretations; amending s. 553.79,
103F.S.; requiring certain inspection services to be
104performed under the alternative plans review and
105inspection process or by a local governmental entity;
106reenacting s. 553.80(1), F.S., relating to the enforcement
107of the Florida Building Code, to incorporate the
108amendments made to s. 553.79, F.S., in a reference
109thereto; amending s. 553.80, F.S.; specifying
110nonapplicability of certain exemptions from the Florida
111Building Code granted by certain enforcement entities
112under certain circumstances; amending s. 553.841, F.S.;
113deleting provisions requiring that the Department of
114Community Affairs maintain, update, develop, or cause to
115be developed a core curriculum for persons who enforce the
116Florida Building Code; amending s. 553.842, F.S.;
117authorizing rules requiring the payment of product
118evaluation fees directly to the administrator of the
119product evaluation and approval system; specifying the use
120of such fees; authorizing the Florida Building Commission
121to provide by rule for editorial revisions to certain
122approvals and charge certain fees; providing requirements
123for the approval of applications for state approval of a
124product; providing for certain approved products to be
125immediately added to the list of state-approved products;
126requiring that the commission's oversight committee review
127approved products; revising the list of approved
128evaluation entities; deleting obsolete provisions
129governing evaluation entities; amending s. 553.844, F.S.;
130providing an exemption from the requirements regarding
131roof and opening protections for certain exposed
132mechanical equipment or appliances; providing for future
133expiration; amending s. 553.885, F.S.; revising
134requirements for carbon monoxide alarms; providing an
135exception for buildings undergoing alterations or repairs;
136defining the term "addition" as it relates to the
137requirement of a carbon monoxide alarm; amending s.
138553.9061, F.S.; revising the energy efficiency performance
139options and elements identified by the commission for
140purposes of meeting certain goals; amending s. 553.909,
141F.S.; revising a compliance criterion for certain swimming
142pool pumps or water heaters; revising requirements for
143residential swimming pool pumps and pump motors; amending
144s. 553.912, F.S.; providing requirements for replacement
145air-conditioning systems; amending s. 627.711, F.S.;
146conforming provisions to changes made by the act in which
147core curriculum courses relating to the Florida Building
148Code are deleted; amending s. 633.021, F.S.; providing
149additional definitions for fire equipment dealers;
150revising the definition of the term "preengineered
151systems"; amending s. 633.0215, F.S.; providing guidelines
152for the State Fire Marshal to apply when issuing an
153expedited declaratory statement; requiring that the State
154Fire Marshal issue an expedited declaratory statement
155under certain circumstances; providing requirements for a
156petition requesting an expedited declaratory statement;
157exempting certain condominiums from installing manual fire
158alarm systems; amending s. 633.0245, F.S.; conforming
159cross-references; amending s. 633.026, F.S.; providing
160legislative intent; providing for the establishment of the
161Fire Code Interpretation Committee; providing for the
162membership of the committee and requirements for
163membership; requiring that nonbinding interpretations of
164the Florida Fire Prevention Code be issued within a
165specified period after a request is received; providing
166for the waiver of such requirement under certain
167conditions; requiring that the Division of State Fire
168Marshal charge a fee for nonbinding interpretations;
169providing that fees may be paid directly to a contract
170provider; providing requirements for requesting a
171nonbinding interpretation; requiring that the Division of
172State Fire Marshal develop a form for submitting a
173petition for a nonbinding interpretation; providing for a
174formal interpretation by the State Fire Marshal; requiring
175that an interpretation of the Florida Fire Prevention Code
176be published on the division's website and in the Florida
177Administrative Weekly; amending s. 626.061, F.S.;
178authorizing certain fire equipment dealer licensees to
179maintain inactive license status under certain
180circumstances; providing requirements; providing for a
181renewal fee; revising an applicant licensure qualification
182requirement; amending s. 633.081, F.S.; requiring that the
183State Fire Marshal inspect a building when the State Fire
184Marshal, rather than the Department of Financial Services,
185has cause to believe a violation has occurred; requiring
186that the Division of State Fire Marshal and the Florida
187Building Code Administrators and Inspectors Board enter
188into a reciprocity agreement for purposes of recertifying
189building code inspectors, plan inspectors, building code
190administrators, and firesafety inspectors; requiring that
191the State Fire Marshal develop by rule an advanced
192training and certification program for firesafety
193inspectors who have fire code management responsibilities;
194requiring that the program be consistent with certain
195standards and establish minimum training, education, and
196experience levels for such firesafety inspectors; amending
197s. 633.352, F.S.; providing an exception to requirements
198for recertification as a firefighter; amending s. 633.521,
199F.S.; revising requirements for certification as a fire
200protection system contractor; revising the prerequisites
201for taking the certification examination; authorizing the
202State Fire Marshal to accept more than one source of
203professional certification; revising legislative intent;
204amending s. 633.524, F.S.; authorizing the State Fire
205Marshal to enter into contracts for examination services;
206providing for the direct payment of examination fees to
207contract providers; amending s. 633.537, F.S.; revising
208the continuing education requirements for certain
209permitholders; amending 633.72, F.S.; revising the terms
210of service for members of the Fire Code Advisory Council;
211repealing s. 718.113(6), F.S., relating to requirements
212for 5-year inspections of certain condominium
213improvements; directing the Florida Building Commission to
214conform provisions of the Florida Building Code with
215revisions made by the act relating to the operation of
216elevators; providing an effective date.
218Be It Enacted by the Legislature of the State of Florida:
220     Section 1.  Subsection (6) of section 399.02, Florida
221Statutes, is amended to read:
222     399.02  General requirements.-
223     (6)  The department is empowered to carry out all of the
224provisions of this chapter relating to the inspection and
225regulation of elevators and to enforce the provisions of the
226Florida Building Code, except that provisions of and any updates
227to the code requiring modifications for Phase II Firefighters'
228Services controls on existing elevators, as amended into the
229Safety Code for Existing Elevators and Escalators, ANSI/ASME
230A17.1 and A17.3, may not be enforced on elevators issued a
231certificate of operation by the department before July 1, 2009,
232until the elevator is replaced. This exception does not apply to
233any building for which a building permit was issued on or after
234July 1, 2009.
235     Section 2.  Present subsection (7) of section 399.15,
236Florida Statutes, is renumbered as subsection (8), and a new
237subsection (7) is added to that section to read:
238     399.15  Regional emergency elevator access.-
239     (7)  As an alternative to complying with the requirements
240of subsection (1), each building in this state which is required
241to meet the provisions of subsections (1) and (2) may instead
242provide for the installation of a uniform lock box that contains
243the keys to all elevators in the building allowing public
244access, including service and freight elevators. The uniform
245lock box must be keyed to allow all uniform lock boxes in each
246of the seven state emergency response regions to operate in fire
247emergency situations using one master key. The master key for
248the uniform lock shall be issued only to the fire department.
249The Division of State Fire Marshal of the Department of
250Financial Services shall enforce this subsection. The Department
251of Financial Services shall select the provider of the uniform
252lock box to be installed in each building in which the
253requirements of this subsection are implemented.
254     Section 3.  Subsection (4) of section 468.8311, Florida
255Statutes, is amended to read:
256     468.8311  Definitions.-As used in this part, the term:
257     (4)  "Home inspection services" means a limited visual
258examination of one or more of the following readily accessible
259installed systems and components of a home: the structure,
260electrical system, HVAC system, roof covering, plumbing system,
261interior components, exterior components, and site conditions
262that affect the structure, for the purposes of providing a
263written professional opinion of the condition of the home.
264     Section 4.  Subsections (4) through (8) of section
265468.8312, Florida Statutes, are amended to read:
266     468.8312  Fees.-
267     (4)  The fee for a certificate of authorization shall not
268exceed $125.
269     (4)(5)  The biennial renewal fee shall not exceed $200.
270     (5)(6)  The fee for licensure by endorsement shall not
271exceed $200.
272     (6)(7)  The fee for application for inactive status or for
273reactivation of an inactive license shall not exceed $200.
274     (7)(8)  The fee for applications from providers of
275continuing education may not exceed $500.
276     Section 5.  Subsections (1) and (2) of section 468.8313,
277Florida Statutes, are amended, subsection (6) of that section is
278renumbered as subsection (7) and amended, and a new subsection
279(6) is added to that section, to read:
280     468.8313  Examinations.-
281     (1)  A person desiring to be licensed as a home inspector
282shall apply to the department after he or she satisfies the
283examination requirements of this part to take a licensure
285     (2)  An applicant shall be entitled to take the licensure
286examination for the purpose of determining whether he or she is
287qualified to practice in this state as a home inspector if the
288applicant has passed the required examination, is of good moral
289character, and has completed a course of study of at least no
290less than 120 hours that covers all of the following components
291of a home: structure, electrical system, HVAC system, roof
292covering, plumbing system, interior components, exterior
293components, and site conditions that affect the structure.
294     (6)  An applicant for a license shall submit, together with
295the application, a complete set of electronic fingerprints in a
296form and manner required by the department. The department shall
297submit the fingerprints to the Department of Law Enforcement for
298processing. The Department of Law Enforcement shall forward the
299fingerprints to the Federal Bureau of Investigation for a level
3002 background check pursuant to s. 435.04. The department shall
301review the background results to determine if an applicant meets
302the requirements for licensure. The applicant is responsible for
303the cost associated with processing the fingerprints. The
304authorized agencies or vendors shall collect such fees and pay
305for the processing costs due to the Department of Law
307     (7)(6)  The department may adopt rules pursuant to ss.
308120.536(1) and 120.54 to implement the provisions of this
310     Section 6.  Section 468.8318, Florida Statutes, is amended
311to read:
312     468.8318  Certification of corporations and partnerships.-
313     (1)  The department shall issue a certificate of
314authorization to a corporation or partnership offering home
315inspection services to the public if the corporation or
316partnership satisfies all of the requirements of this part.
317     (2)  The practice of or the offer to practice home
318inspection services by licensees through a corporation or
319partnership offering home inspection services to the public, or
320by a corporation or partnership offering such services to the
321public through licensees under this part as agents, employees,
322officers, or partners, is permitted subject to the provisions of
323this part, provided that all personnel of the corporation or
324partnership who act in its behalf as home inspectors in this
325state are licensed as provided by this part; and further
326provided that the corporation or partnership has been issued a
327certificate of authorization by the department as provided in
328this section. Nothing in this section shall be construed to
329allow a corporation to hold a license to practice home
330inspection services. No corporation or partnership shall be
331relieved of responsibility for the conduct or acts of its
332agents, employees, or officers by reason of its compliance with
333this section, nor shall any individual practicing home
334inspection services be relieved of responsibility for
335professional services performed by reason of his or her
336employment or relationship with a corporation or partnership.
337     (3)  For the purposes of this section, a certificate of
338authorization shall be required for a corporation, partnership,
339association, or person practicing under a fictitious name and
340offering home inspection services to the public; however, when
341an individual is practicing home inspection services in his or
342her own given name, he or she shall not be required to register
343under this section.
344     (4)  Each certificate of authorization shall be renewed
345every 2 years. Each partnership and corporation certified under
346this section shall notify the department within 1 month of any
347change in the information contained in the application upon
348which the certification is based.
349     (5)  Disciplinary action against a corporation or
350partnership shall be administered in the same manner and on the
351same grounds as disciplinary action against a licensed home
353     Section 7.  Notwithstanding the effective date of July 1,
3542010, provided by section 4 of chapter 2007-235, Laws of
355Florida, the provisions of paragraphs (a) and (b) of subsection
356(1) of section 468.8319, Florida Statutes, shall apply and
357operate prospectively from July 1, 2011.
358     Section 8.  Paragraphs (f) and (g) of subsection (1) of
359section 468.8319, Florida Statutes, are amended to read:
360     468.8319  Prohibitions; penalties.-
361     (1)  A home inspector, a company that employs a home
362inspector, or a company that is controlled by a company that
363also has a financial interest in a company employing a home
364inspector may not:
365     (f)  Perform or offer to perform, prior to closing, for any
366additional fee, any repairs to a home on which the inspector or
367the inspector's company has prepared a home inspection report.
368This paragraph does not apply to a home warranty company that is
369affiliated with or retains a home inspector to perform repairs
370pursuant to a claim made under a home warranty contract;
371     (g)  Inspect for a fee any property in which the inspector
372or the inspector's company has any financial or transfer
374     Section 9.  Subsection (1) of section 468.832, Florida
375Statutes, is amended to read:
376     468.832  Disciplinary proceedings.-
377     (1)  The following acts constitute grounds for which the
378disciplinary actions in subsection (2) may be taken:
379     (a)  Violation of any provision of this part or s.
381     (b)  Attempting to procure a license to practice home
382inspection services by bribery or fraudulent misrepresentation.;
383     (c)  Having a license to practice home inspection services
384revoked, suspended, or otherwise acted against, including the
385denial of licensure, by the licensing authority of another
386state, territory, or country.;
387     (d)  Being convicted or found guilty of, or entering a plea
388of nolo contendere to, regardless of adjudication, a crime in
389any jurisdiction that directly relates to the practice of home
390inspection services or the ability to practice home inspection
392     (e)  Making or filing a report or record that the licensee
393knows to be false, willfully failing to file a report or record
394required by state or federal law, willfully impeding or
395obstructing such filing, or inducing another person to impede or
396obstruct such filing. Such reports or records shall include only
397those that are signed in the capacity of a licensed home
399     (f)  Advertising goods or services in a manner that is
400fraudulent, false, deceptive, or misleading in form or content.;
401     (g)  Engaging in fraud or deceit, or negligence,
402incompetency, or misconduct, in the practice of home inspection
404     (h)  Failing to perform any statutory or legal obligation
405placed upon a licensed home inspector; violating any provision
406of this chapter, a rule of the department, or a lawful order of
407the department previously entered in a disciplinary hearing; or
408failing to comply with a lawfully issued subpoena of the
409department.; or
410     (i)  Practicing on a revoked, suspended, inactive, or
411delinquent license.
412     (j)  Failing to meet any standard of practice adopted by
413the department.
414     Section 10.  Section 468.8324, Florida Statutes, is amended
415to read:
416     468.8324  Grandfather clause.-A person who performs home
417inspection services as defined in this part may qualify to be
418licensed by the department as a home inspector if the person
419submits an application to the department postmarked on or before
420March 1, 2011, that shows the applicant: meets the licensure
421requirements of this part by July 1, 2010.
422     (1)(a)  Has been certified as a home inspector by a state
423or national association that required successful completion of a
424proctored examination on home inspection, as defined in this
425part, and has completed at least 14 hours of verifiable
426education on home inspection; or
427     (b)  Has at least 3 years of experience as a home inspector
428at the time of application and has completed 14 hours of
429verifiable education on home inspection. Applicants must provide
430120 home inspection reports based on home inspections, as
431defined in this part, to establish the required 3 years of
432experience. The department may conduct investigations regarding
433the validity of home inspection reports submitted pursuant to
434this paragraph and may take disciplinary action pursuant to s.
435468.832 for filing false reports.
436     (2)  Has not, within 5 years after the date of application,
437had a home inspector license or a license in a related field
438revoked, suspended, or assessed a fine in excess of $500. For
439purposes of this part, a license in a related field includes,
440but is not limited to, licensure in real estate, construction,
441mold remediation, mold assessment, or building code
442administration or inspection.
443     (3)  Submits to and is not disqualified by the results of
444the criminal background check required under s. 468.8313.
445     (4)  Is of good moral character as defined in s. 468.8313.
446     (5)  Has general liability insurance as required in s.
448     Section 11.  Section 468.8325, Florida Statutes, is created
449to read:
450     468.8325  Rulemaking.-The department shall adopt rules to
451administer this part.
452     Section 12.  Subsections (6) through (10) of section
453468.8412, Florida Statutes, are amended to read:
454     468.8412  Fees.-
455     (6)  The fee for a biennial certificate of authorization
456renewal shall not exceed $400.
457     (6)(7)  The fee for licensure by endorsement shall not
458exceed $200.
459     (7)(8)  The fee for application for inactive status shall
460not exceed $100.
461     (8)(9)  The fee for reactivation of an inactive license
462shall not exceed $200.
463     (9)(10)  The fee for applications from providers of
464continuing education may not exceed $500.
465     Section 13.  Subsections (1) and (2) of section 468.8413,
466Florida Statutes, are amended to read:
467     468.8413  Examinations.-
468     (1)  A person desiring to be licensed as a mold assessor or
469mold remediator shall apply to the department after he or she
470satisfies the examination requirements of this part to take a
471licensure examination.
472     (2)  An applicant is qualified shall be entitled to take
473the licensure examination to practice in this state as a mold
474assessor or mold remediator if the applicant has passed the
475required examination, is of good moral character, and has
476satisfied one of the following requirements:
477     (a)1.  For a mold remediator, at least an associate of arts
478or equivalent a 2-year degree and has completed at least 30
479semester hours in microbiology, engineering, architecture,
480industrial hygiene, occupational safety, or a related field of
481science from an accredited institution and a minimum of 1 year
482of documented field experience in a field related to mold
483remediation; or
484     2.  A high school diploma or the equivalent with a minimum
485of 4 years of documented field experience in a field related to
486mold remediation.
487     (b)1.  For a mold assessor, at least an associate of arts
488or equivalent a 2-year degree and has completed at least 30
489semester hours in microbiology, engineering, architecture,
490industrial hygiene, occupational safety, or a related field of
491science from an accredited institution and a minimum of 1 year
492of documented field experience in conducting microbial sampling
493or investigations; or
494     2.  A high school diploma or the equivalent with a minimum
495of 4 years of documented field experience in conducting
496microbial sampling or investigations.
497     Section 14.  Subsection (3) of section 468.8414, Florida
498Statutes, is amended to read:
499     468.8414  Licensure.-
500     (3)  The department shall certify as qualified for a
501license by endorsement an applicant who:
502     (a)  Is of good moral character.
503     (b)  Possesses liability insurance as required in s.
504468.8421. and:
505     (c)1.(a)  Is qualified to take the examination as set forth
506in s. 468.8413 and has passed a certification examination
507offered by a nationally recognized organization that certifies
508persons in the specialty of mold assessment or mold remediation
509that has been approved by the department as substantially
510equivalent to the requirements of this part and s. 455.217; or
511     2.(b)  Holds a valid license to practice mold assessment or
512mold remediation issued by another state or territory of the
513United States if the criteria for issuance of the license were
514substantially the same as the licensure criteria that is
515established by this part as determined by the department.
516     Section 15.  Section 468.8418, Florida Statutes, is amended
517to read:
518     468.8418  Certification of partnerships and corporations.-
519     (1)  The department shall issue a certificate of
520authorization to a corporation or partnership offering mold
521assessment or mold remediation services to the public if the
522corporation or partnership satisfies all of the requirements of
523this part.
524     (2)  The practice of or the offer to practice mold
525assessment or mold remediation by licensees through a
526corporation or partnership offering mold assessment or mold
527remediation to the public, or by a corporation or partnership
528offering such services to the public through licensees under
529this part as agents, employees, officers, or partners, is
530permitted subject to the provisions of this part, provided that
531the corporation or partnership has been issued a certificate of
532authorization by the department as provided in this section.
533Nothing in this section shall be construed to allow a
534corporation to hold a license to practice mold assessment or
535mold remediation. No corporation or partnership shall be
536relieved of responsibility for the conduct or acts of its
537agents, employees, or officers by reason of its compliance with
538this section, nor shall any individual practicing mold
539assessment or mold remediation be relieved of responsibility for
540professional services performed by reason of his or her
541employment or relationship with a corporation or partnership.
542     (3)  For the purposes of this section, a certificate of
543authorization shall be required for a corporation, partnership,
544association, or person practicing under a fictitious name,
545offering mold assessment or mold remediation; however, when an
546individual is practicing mold assessment or mold remediation
547under his or her own given name, he or she shall not be required
548to register under this section.
549     (4)  Each certificate of authorization shall be renewed
550every 2 years. Each partnership and corporation certified under
551this section shall notify the department within 1 month of any
552change in the information contained in the application upon
553which the certification is based.
554     (5)  Disciplinary action against a corporation or
555partnership shall be administered in the same manner and on the
556same grounds as disciplinary action against a licensed mold
557assessor or mold remediator.
558     Section 16.  Notwithstanding the effective date of July 1,
5592010, provided by section 4 of chapter 2007-235, Laws of
560Florida, the provisions of paragraphs (a) and (b) of subsection
561(1) of section 468.8419, Florida Statutes, shall apply and
562operate prospectively from July 1, 2011.
563     Section 17.  Subsection (1) of section 468.842, Florida
564Statutes, is amended to read:
565     468.842  Disciplinary proceedings.-
566     (1)  The following acts constitute grounds for which the
567disciplinary actions in subsection (2) may be taken:
568     (a)  Violation of any provision of this part or s.
570     (b)  Attempting to procure a license to practice mold
571assessment or mold remediation by bribery or fraudulent
573     (c)  Having a license to practice mold assessment or mold
574remediation revoked, suspended, or otherwise acted against,
575including the denial of licensure, by the licensing authority of
576another state, territory, or country.;
577     (d)  Being convicted or found guilty of, or entering a plea
578of nolo contendere to, regardless of adjudication, a crime in
579any jurisdiction that directly relates to the practice of mold
580assessment or mold remediation or the ability to practice mold
581assessment or mold remediation.;
582     (e)  Making or filing a report or record that the licensee
583knows to be false, willfully failing to file a report or record
584required by state or federal law, willfully impeding or
585obstructing such filing, or inducing another person to impede or
586obstruct such filing. Such reports or records shall include only
587those that are signed in the capacity of a registered mold
588assessor or mold remediator.;
589     (f)  Advertising goods or services in a manner that is
590fraudulent, false, deceptive, or misleading in form or content.;
591     (g)  Engaging in fraud or deceit, or negligence,
592incompetency, or misconduct, in the practice of mold assessment
593or mold remediation.;
594     (h)  Failing to perform any statutory or legal obligation
595placed upon a licensed mold assessor or mold remediator;
596violating any provision of this chapter, a rule of the
597department, or a lawful order of the department previously
598entered in a disciplinary hearing; or failing to comply with a
599lawfully issued subpoena of the department.; or
600     (i)  Practicing on a revoked, suspended, inactive, or
601delinquent license.
602     (j)  Failing to meet any standard of practice adopted by
603department rule.
604     Section 18.  Subsection (1) of section 468.8421, Florida
605Statutes, is amended to read:
606     468.8421  Insurance.-
607     (1)  A mold assessor shall maintain general liability and
608errors and omissions insurance coverage in an amount of not less
609than $1,000,000. The insurance must cover preliminary and
610postremediation activities.
611     Section 19.  Section 468.8423, Florida Statutes, is amended
612to read:
613     468.8423  Grandfather clause.-A person who performs mold
614assessment or mold remediation as defined in this part may
615qualify to be licensed by the department as a mold assessor or
616mold remediator if the person submits an application to the
617department postmarked on or before March 1, 2011, that shows the
619     (1)(a)  Has been certified as a mold assessor or mold
620remediator by a state or national association that required
621successful completion of a proctored examination for
622certification and has completed at least 60 hours of education
623for a mold assessor and 30 hours of education for a mold
624remediator; or
625     (b)  Has at least 3 years of experience as a mold assessor
626or mold remediator at the time of application. Applicants must
627provide 40 invoices for mold assessments or mold remediations,
628as defined by this part, to establish the required 3 years of
629experience. The department may conduct investigations regarding
630the validity of invoices for mold assessments or mold
631remediations submitted pursuant to this section and may take
632disciplinary action pursuant to s. 468.842 for submitting false
634     (2)  Has not, within 5 years after the date of application,
635had a mold assessor or mold remediator license or a license in a
636related field revoked, suspended, or assessed a fine in excess
637of $500. For purposes of this part, a license in a related field
638includes, but is not limited to, licensure in real estate,
639construction, home inspection, building code administration or
640inspection, or indoor air quality.
641     (3)  Is of good moral character as defined in s. 468.8413.
642     (4)  Has the general liability insurance required in s.
643468.8421 meets the licensure requirements of this part by July
6441, 2010.
645     Section 20.  Section 468.8424, Florida Statutes, is created
646to read:
647     468.8424  Rulemaking.-The department shall adopt rules to
648administer this part.
649     Section 21.  Subsection (22) of section 489.103, Florida
650Statutes, is amended to read:
651     489.103  Exemptions.-This part does not apply to:
652     (22)  A person licensed pursuant to s. 633.061(1)(d) or
653(3)(2)(b) performing work authorized by such license.
654     Section 22.  Subsections (2), (8), and (9) of section
655553.37, Florida Statutes, are amended, and subsection (12) is
656added to that section, to read:
657     553.37  Rules; inspections; and insignia.-
658     (2)  The department shall adopt rules to address:
659     (a)  Procedures and qualifications for approval of third-
660party plan review and inspection agencies and of those who
661perform inspections and plan reviews.
662     (b)  Investigation of consumer complaints of noncompliance
663of manufactured buildings with the Florida Building Code and the
664Florida Fire Prevention Code.
665     (c)  Issuance, cancellation, and revocation of any insignia
666issued by the department and procedures for auditing and
667accounting for disposition of them.
668     (d)  Monitoring the manufacturers', inspection agencies',
669and plan review agencies' compliance with this part and the
670Florida Building Code. Monitoring may include, but is not
671limited to, performing audits of plans, inspections of
672manufacturing facilities and observation of the manufacturing
673and inspection process, and onsite inspections of buildings.
674     (e)  The performance by the department and its designees
675and contractors of any other functions required by this part.
676     (8)  The department, by rule, shall establish a schedule of
677fees to pay the cost of the administration and enforcement of
678this part. The rule may provide for manufacturers to pay fees to
679the administrator directly via the Building Code Information
681     (9)  The department may delegate its enforcement authority
682to a state department having building construction
683responsibilities or a local government and may enter into
684contracts for the performance of its administrative duties under
685this part. The department may delegate its plan review and
686inspection authority to one or more of the following in any
688     (a)  A state department having building construction
690     (b)  A local government;
691     (c)  An approved inspection agency;
692     (d)  An approved plan review agency; or
693     (e)  An agency of another state.
694     (12)  Custom or one-of-a-kind prototype manufactured
695buildings are not required to have state approval, but must be
696in compliance with all local requirements of the governmental
697agency having jurisdiction at the installation site.
698     Section 23.  Section 553.375, Florida Statutes, is amended
699to read:
700     553.375  Recertification of manufactured buildings.-Prior
701to the relocation to a site that has a higher design wind speed,
702modification, or change of occupancy of a manufactured building
703within the state, the manufacturer, dealer, or owner thereof may
704apply to the department for recertification of that manufactured
705building. The department shall, by rule, provide what
706information the applicant must submit for recertification and
707for plan review and inspection of such manufactured buildings
708and shall establish fees for recertification. Upon a
709determination by the department that the manufactured building
710complies with the applicable building codes, the department
711shall issue a recertification insignia. A manufactured building
712that bears recertification insignia does not require any
713additional approval by an enforcement jurisdiction in which the
714building is sold or installed, and is considered to comply with
715all applicable codes. As an alternative to recertification by
716the department, the manufacturer, dealer, or owner of a
717manufactured building may seek appropriate permitting and a
718certificate of occupancy from the local jurisdiction in
719accordance with procedures generally applicable under the
720Florida Building Code.
721     Section 24.  Section 553.509, Florida Statutes, is amended
722to read:
723     553.509  Vertical accessibility.-
724     (1)  Nothing in ss. 553.501-553.513 or the guidelines shall
725be construed to relieve the owner of any building, structure, or
726facility governed by those sections from the duty to provide
727vertical accessibility to all levels above and below the
728occupiable grade level, regardless of whether the guidelines
729require an elevator to be installed in such building, structure,
730or facility, except for:
731     (a)  Elevator pits, elevator penthouses, mechanical rooms,
732piping or equipment catwalks, and automobile lubrication and
733maintenance pits and platforms;
734     (b)  Unoccupiable spaces, such as rooms, enclosed spaces,
735and storage spaces that are not designed for human occupancy,
736for public accommodations, or for work areas; and
737     (c)  Occupiable spaces and rooms that are not open to the
738public and that house no more than five persons, including, but
739not limited to, equipment control rooms and projection booths.
740     (2)(a)  Any person, firm, or corporation that owns,
741manages, or operates a residential multifamily dwelling,
742including a condominium, that is at least 75 feet high and
743contains a public elevator, as described in s. 399.035(2) and
744(3) and rules adopted by the Florida Building Commission, shall
745have at least one public elevator that is capable of operating
746on an alternate power source for emergency purposes. Alternate
747power shall be available for the purpose of allowing all
748residents access for a specified number of hours each day over a
7495-day period following a natural disaster, manmade disaster,
750emergency, or other civil disturbance that disrupts the normal
751supply of electricity. The alternate power source that controls
752elevator operations must also be capable of powering any
753connected fire alarm system in the building.
754     (b)  At a minimum, the elevator must be appropriately
755prewired and prepared to accept an alternate power source and
756must have a connection on the line side of the main disconnect,
757pursuant to National Electric Code Handbook, Article 700. In
758addition to the required power source for the elevator and
759connected fire alarm system in the building, the alternate power
760supply must be sufficient to provide emergency lighting to the
761interior lobbies, hallways, and other portions of the building
762used by the public. Residential multifamily dwellings must have
763an available generator and fuel source on the property or have
764proof of a current contract posted in the elevator machine room
765or other place conspicuous to the elevator inspector affirming a
766current guaranteed service contract for such equipment and fuel
767source to operate the elevator on an on-call basis within 24
768hours after a request. By December 31, 2006, any person, firm or
769corporation that owns, manages, or operates a residential
770multifamily dwelling as defined in paragraph (a) must provide to
771the local building inspection agency verification of engineering
772plans for residential multifamily dwellings that provide for the
773capability to generate power by alternate means. Compliance with
774installation requirements and operational capability
775requirements must be verified by local building inspectors and
776reported to the county emergency management agency by December
77731, 2007.
778     (c)  Each newly constructed residential multifamily
779dwelling, including a condominium, that is at least 75 feet high
780and contains a public elevator, as described in s. 399.035(2)
781and (3) and rules adopted by the Florida Building Commission,
782must have at least one public elevator that is capable of
783operating on an alternate power source for the purpose of
784allowing all residents access for a specified number of hours
785each day over a 5-day period following a natural disaster,
786manmade disaster, emergency, or other civil disturbance that
787disrupts the normal supply of electricity. The alternate power
788source that controls elevator operations must be capable of
789powering any connected fire alarm system in the building. In
790addition to the required power source for the elevator and
791connected fire alarm system, the alternate power supply must be
792sufficient to provide emergency lighting to the interior
793lobbies, hallways, and other portions of the building used by
794the public. Engineering plans and verification of operational
795capability must be provided by the local building inspector to
796the county emergency management agency before occupancy of the
797newly constructed building.
798     (d)  Each person, firm, or corporation that is required to
799maintain an alternate power source under this subsection shall
800maintain a written emergency operations plan that details the
801sequence of operations before, during, and after a natural or
802manmade disaster or other emergency situation. The plan must
803include, at a minimum, a lifesafety plan for evacuation,
804maintenance of the electrical and lighting supply, and
805provisions for the health, safety, and welfare of the residents.
806In addition, the owner, manager, or operator of the residential
807multifamily dwelling must keep written records of any contracts
808for alternative power generation equipment. Also, quarterly
809inspection records of lifesafety equipment and alternate power
810generation equipment must be posted in the elevator machine room
811or other place conspicuous to the elevator inspector, which
812confirm that such equipment is properly maintained and in good
813working condition, and copies of contracts for alternate power
814generation equipment shall be maintained on site for
815verification. The written emergency operations plan and
816inspection records shall also be open for periodic inspection by
817local and state government agencies as deemed necessary. The
818owner or operator must keep a generator key in a lockbox posted
819at or near any installed generator unit.
820     (e)  Multistory affordable residential dwellings for
821persons age 62 and older that are financed or insured by the
822United States Department of Housing and Urban Development must
823make every effort to obtain grant funding from the Federal
824Government or the Florida Housing Finance Corporation to comply
825with this subsection. If an owner of such a residential dwelling
826cannot comply with the requirements of this subsection, the
827owner must develop a plan with the local emergency management
828agency to ensure that residents are evacuated to a place of
829safety in the event of a power outage resulting from a natural
830or manmade disaster or other emergency situation that disrupts
831the normal supply of electricity for an extended period of time.
832A place of safety may include, but is not limited to, relocation
833to an alternative site within the building or evacuation to a
834local shelter.
835     (f)  As a part of the annual elevator inspection required
836under s. 399.061, certified elevator inspectors shall confirm
837that all installed generators required by this chapter are in
838working order, have current inspection records posted in the
839elevator machine room or other place conspicuous to the elevator
840inspector, and that the required generator key is present in the
841lockbox posted at or near the installed generator. If a building
842does not have an installed generator, the inspector shall
843confirm that the appropriate prewiring and switching
844capabilities are present and that a statement is posted in the
845elevator machine room or other place conspicuous to the elevator
846inspector affirming a current guaranteed contract exists for
847contingent services for alternate power is current for the
848operating period.
849     (2)  However, buildings, structures, and facilities must,
850at as a minimum, comply with the requirements in the Americans
851with Disabilities Act Accessibility Guidelines.
852     Section 25.  Subsection (1) of section 553.512, Florida
853Statutes, is amended to read:
854     553.512  Modifications and waivers; advisory council.-
855     (1)  The Florida Building Commission shall provide by
856regulation criteria for granting individual modifications of, or
857exceptions from, the literal requirements of this part upon a
858determination of unnecessary, unreasonable, or extreme hardship,
859provided such waivers shall not violate federal accessibility
860laws and regulations and shall be reviewed by the Accessibility
861Advisory Council. The commission shall establish by rule a fee
862to be paid upon submitting a request for a waiver as provided in
863this section. Notwithstanding any other provision of this
864subsection, if an applicant for a waiver demonstrates economic
865hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
866shall be granted. The commission may not consider waiving any of
867the requirements of s. 553.5041 unless the applicant first
868demonstrates that she or he has applied for and been denied
869waiver or variance from all local government zoning, subdivision
870regulations, or other ordinances that prevent compliance
871therewith. Further, the commission may not waive the requirement
872of s. 553.5041(5)(a) and (c)1. governing the minimum width of
873accessible routes and minimum width of accessible parking
875     Section 26.  Subsections (2) and (3) and paragraph (b) of
876subsection (4) of section 553.73, Florida Statutes, are amended,
877present subsections (5) through (13) of that section are
878renumbered as subsections (6) through (14), respectively, a new
879subsection (5) is added to that section, paragraph (a) of
880present subsection (6) and present subsections (7) and (9) of
881that section are amended, and subsections (15) and (16) are
882added to that section, to read:
883     553.73  Florida Building Code.-
884     (2)  The Florida Building Code shall contain provisions or
885requirements for public and private buildings, structures, and
886facilities relative to structural, mechanical, electrical,
887plumbing, energy, and gas systems, existing buildings,
888historical buildings, manufactured buildings, elevators, coastal
889construction, lodging facilities, food sales and food service
890facilities, health care facilities, including assisted living
891facilities, adult day care facilities, hospice residential and
892inpatient facilities and units, and facilities for the control
893of radiation hazards, public or private educational facilities,
894swimming pools, and correctional facilities and enforcement of
895and compliance with such provisions or requirements. Further,
896the Florida Building Code must provide for uniform
897implementation of ss. 515.25, 515.27, and 515.29 by including
898standards and criteria for residential swimming pool barriers,
899pool covers, latching devices, door and window exit alarms, and
900other equipment required therein, which are consistent with the
901intent of s. 515.23. Technical provisions to be contained within
902the Florida Building Code are restricted to requirements related
903to the types of materials used and construction methods and
904standards employed in order to meet criteria specified in the
905Florida Building Code. Provisions relating to the personnel,
906supervision or training of personnel, or any other professional
907qualification requirements relating to contractors or their
908workforce may not be included within the Florida Building Code,
909and subsections (4), (5), (6), (7), and (8), and (9) are not to
910be construed to allow the inclusion of such provisions within
911the Florida Building Code by amendment. This restriction applies
912to both initial development and amendment of the Florida
913Building Code.
914     (3)  The commission shall select from available national or
915international model building codes, or other available building
916codes and standards currently recognized by the laws of this
917state, to form the foundation for the Florida Building Code. The
918commission may modify the selected model codes and standards as
919needed to accommodate the specific needs of this state.
920Standards or criteria referenced by the selected model codes
921shall be similarly incorporated by reference. If a referenced
922standard or criterion requires amplification or modification to
923be appropriate for use in this state, only the amplification or
924modification shall be specifically set forth in the Florida
925Building Code. The Florida Building Commission may approve
926technical amendments to the code, subject to the requirements of
927subsections (8) (7) and (9) (8), after the amendments have been
928subject to the following conditions:
929     (a)  The proposed amendment has been published on the
930commission's website for a minimum of 45 days and all the
931associated documentation has been made available to any
932interested party before any consideration by any Technical
933Advisory Committee;
934     (b)  In order for a Technical Advisory Committee to make a
935favorable recommendation to the commission, the proposal must
936receive a three-fourths vote of the members present at the
937Technical Advisory Committee meeting and at least half of the
938regular members must be present in order to conduct a meeting;
939     (c)  After Technical Advisory Committee consideration and a
940recommendation for approval of any proposed amendment, the
941proposal must be published on the commission's website for not
942less than 45 days before any consideration by the commission;
944     (d)  Any proposal may be modified by the commission based
945on public testimony and evidence from a public hearing held in
946accordance with chapter 120.
948The commission shall incorporate within sections of the Florida
949Building Code provisions which address regional and local
950concerns and variations. The commission shall make every effort
951to minimize conflicts between the Florida Building Code, the
952Florida Fire Prevention Code, and the Life Safety Code.
953     (4)
954     (b)  Local governments may, subject to the limitations of
955this section, adopt amendments to the technical provisions of
956the Florida Building Code which apply solely within the
957jurisdiction of such government and which provide for more
958stringent requirements than those specified in the Florida
959Building Code, not more than once every 6 months. A local
960government may adopt technical amendments that address local
961needs if:
962     1.  The local governing body determines, following a public
963hearing which has been advertised in a newspaper of general
964circulation at least 10 days before the hearing, that there is a
965need to strengthen the requirements of the Florida Building
966Code. The determination must be based upon a review of local
967conditions by the local governing body, which review
968demonstrates by evidence or data that the geographical
969jurisdiction governed by the local governing body exhibits a
970local need to strengthen the Florida Building Code beyond the
971needs or regional variation addressed by the Florida Building
972Code, that the local need is addressed by the proposed local
973amendment, and that the amendment is no more stringent than
974necessary to address the local need.
975     2.  Such additional requirements are not discriminatory
976against materials, products, or construction techniques of
977demonstrated capabilities.
978     3.  Such additional requirements may not introduce a new
979subject not addressed in the Florida Building Code.
980     4.  The enforcing agency shall make readily available, in a
981usable format, all amendments adopted pursuant to this section.
982     5.  Any amendment to the Florida Building Code shall be
983transmitted within 30 days by the adopting local government to
984the commission. The commission shall maintain copies of all such
985amendments in a format that is usable and obtainable by the
986public. Local technical amendments shall not become effective
987until 30 days after the amendment has been received and
988published by the commission.
989     6.  Any amendment to the Florida Building Code adopted by a
990local government pursuant to this paragraph shall be effective
991only until the adoption by the commission of the new edition of
992the Florida Building Code every third year. At such time, the
993commission shall review such amendment for consistency with the
994criteria in paragraph (9)(8)(a) and adopt such amendment as part
995of the Florida Building Code or rescind the amendment. The
996commission shall immediately notify the respective local
997government of the rescission of any amendment. After receiving
998such notice, the respective local government may readopt the
999rescinded amendment pursuant to the provisions of this
1001     7.  Each county and municipality desiring to make local
1002technical amendments to the Florida Building Code shall by
1003interlocal agreement establish a countywide compliance review
1004board to review any amendment to the Florida Building Code,
1005adopted by a local government within the county pursuant to this
1006paragraph, that is challenged by any substantially affected
1007party for purposes of determining the amendment's compliance
1008with this paragraph. If challenged, the local technical
1009amendments shall not become effective until time for filing an
1010appeal pursuant to subparagraph 8. has expired or, if there is
1011an appeal, until the commission issues its final order
1012determining the adopted amendment is in compliance with this
1014     8.  If the compliance review board determines such
1015amendment is not in compliance with this paragraph, the
1016compliance review board shall notify such local government of
1017the noncompliance and that the amendment is invalid and
1018unenforceable until the local government corrects the amendment
1019to bring it into compliance. The local government may appeal the
1020decision of the compliance review board to the commission. If
1021the compliance review board determines such amendment to be in
1022compliance with this paragraph, any substantially affected party
1023may appeal such determination to the commission. Any such appeal
1024shall be filed with the commission within 14 days of the board's
1025written determination. The commission shall promptly refer the
1026appeal to the Division of Administrative Hearings for the
1027assignment of an administrative law judge. The administrative
1028law judge shall conduct the required hearing within 30 days, and
1029shall enter a recommended order within 30 days of the conclusion
1030of such hearing. The commission shall enter a final order within
103130 days thereafter. The provisions of chapter 120 and the
1032uniform rules of procedure shall apply to such proceedings. The
1033local government adopting the amendment that is subject to
1034challenge has the burden of proving that the amendment complies
1035with this paragraph in proceedings before the compliance review
1036board and the commission, as applicable. Actions of the
1037commission are subject to judicial review pursuant to s. 120.68.
1038The compliance review board shall determine whether its
1039decisions apply to a respective local jurisdiction or apply
1041     9.  An amendment adopted under this paragraph shall include
1042a fiscal impact statement which documents the costs and benefits
1043of the proposed amendment. Criteria for the fiscal impact
1044statement shall include the impact to local government relative
1045to enforcement, the impact to property and building owners, as
1046well as to industry, relative to the cost of compliance. The
1047fiscal impact statement may not be used as a basis for
1048challenging the amendment for compliance.
1049     10.  In addition to subparagraphs 7. and 9., the commission
1050may review any amendments adopted pursuant to this subsection
1051and make nonbinding recommendations related to compliance of
1052such amendments with this subsection.
1053     (5)  Notwithstanding subsection (4), counties and
1054municipalities may adopt by ordinance an administrative or
1055technical amendment to the Florida Building Code relating to
1056flood resistance in order to implement the National Flood
1057Insurance Program or incentives. Specifically, an administrative
1058amendment may assign the duty to enforce all or portions of
1059flood-related code provisions to the appropriate agencies of the
1060local government and adopt procedures for variances and
1061exceptions from flood-related code provisions other than
1062provisions for structures seaward of the coastal construction
1063control line consistent with the requirements in 44 C.F.R. s.
106460.6. A technical amendment is authorized to the extent it is
1065more stringent than the code. A technical amendment is not
1066subject to the requirements of subsection (4) and may not be
1067rendered void when the code is updated if the amendment is
1068adopted for the purpose of participating in the Community Rating
1069System promulgated pursuant to 42 U.S.C. s. 4022. Any amendment
1070adopted pursuant to this subsection shall be transmitted to the
1071commission within 30 days after being adopted.
1072     (7)(6)(a)  The commission, by rule adopted pursuant to ss.
1073120.536(1) and 120.54, shall update the Florida Building Code
1074every 3 years. When updating the Florida Building Code, the
1075commission shall select the most current version of the
1076International Building Code, the International Fuel Gas Code,
1077the International Mechanical Code, the International Plumbing
1078Code, and the International Residential Code, all of which are
1079adopted by the International Code Council, and the National
1080Electrical Code, which is adopted by the National Fire
1081Protection Association, to form the foundation codes of the
1082updated Florida Building Code, if the version has been adopted
1083by the applicable model code entity and made available to the
1084public at least 6 months prior to its selection by the
1085commission. The commission shall select the most current version
1086of the International Energy Conservation Code (IECC) as a
1087foundation code; however, the IECC shall be modified by the
1088commission to maintain the efficiencies of the Florida Energy
1089Efficiency Code for Building Construction adopted and amended
1090pursuant to s. 553.901.
1091     (8)(7)  Notwithstanding the provisions of subsection (3) or
1092subsection (7) (6), the commission may address issues identified
1093in this subsection by amending the code pursuant only to the
1094rule adoption procedures contained in chapter 120. Provisions of
1095the Florida Building Code, including those contained in
1096referenced standards and criteria, relating to wind resistance
1097or the prevention of water intrusion may not be amended pursuant
1098to this subsection to diminish those construction requirements;
1099however, the commission may, subject to conditions in this
1100subsection, amend the provisions to enhance those construction
1101requirements. Following the approval of any amendments to the
1102Florida Building Code by the commission and publication of the
1103amendments on the commission's website, authorities having
1104jurisdiction to enforce the Florida Building Code may enforce
1105the amendments. The commission may approve amendments that are
1106needed to address:
1107     (a)  Conflicts within the updated code;
1108     (b)  Conflicts between the updated code and the Florida
1109Fire Prevention Code adopted pursuant to chapter 633;
1110     (c)  The omission of previously adopted Florida-specific
1111amendments to the updated code if such omission is not supported
1112by a specific recommendation of a technical advisory committee
1113or particular action by the commission;
1114     (d)  Unintended results from the integration of previously
1115adopted Florida-specific amendments with the model code;
1116     (e)  Equivalency of standards;
1117     (f)  The specific needs of state agencies when agency rules
1118must be updated to reflect federal requirements relating to
1119design criteria for public educational facilities and state-
1120licensed facilities;
1121     (g)(e)  Changes to or inconsistencies with federal or state
1122law; or
1123     (h)(f)  Adoption of an updated edition of the National
1124Electrical Code if the commission finds that delay of
1125implementing the updated edition causes undue hardship to
1126stakeholders or otherwise threatens the public health, safety,
1127and welfare.
1128     (10)(9)  The following buildings, structures, and
1129facilities are exempt from the Florida Building Code as provided
1130by law, and any further exemptions shall be as determined by the
1131Legislature and provided by law:
1132     (a)  Buildings and structures specifically regulated and
1133preempted by the Federal Government.
1134     (b)  Railroads and ancillary facilities associated with the
1136     (c)  Nonresidential farm buildings on farms.
1137     (d)  Temporary buildings or sheds used exclusively for
1138construction purposes.
1139     (e)  Mobile or modular structures used as temporary
1140offices, except that the provisions of part II relating to
1141accessibility by persons with disabilities shall apply to such
1142mobile or modular structures.
1143     (f)  Those structures or facilities of electric utilities,
1144as defined in s. 366.02, which are directly involved in the
1145generation, transmission, or distribution of electricity.
1146     (g)  Temporary sets, assemblies, or structures used in
1147commercial motion picture or television production, or any
1148sound-recording equipment used in such production, on or off the
1150     (h)  Storage sheds that are not designed for human
1151habitation and that have a floor area of 720 square feet or less
1152are not required to comply with the mandatory wind-borne-debris-
1153impact standards of the Florida Building Code.
1154     (i)  Chickees constructed by the Miccosukee Tribe of
1155Indians of Florida or the Seminole Tribe of Florida. As used in
1156this paragraph, the term "chickee" means an open-sided wooden
1157hut that has a thatched roof of palm or palmetto or other
1158traditional materials, and that does not incorporate any
1159electrical, plumbing, or other nonwood features.
1160     (j)  Family mausoleums not exceeding 250 square feet in
1161area which are prefabricated and assembled on site or
1162preassembled and delivered on site and have walls, roofs, and a
1163floor constructed of granite, marble, or reinforced concrete.
1165With the exception of paragraphs (a), (b), (c), and (f), in
1166order to preserve the health, safety, and welfare of the public,
1167the Florida Building Commission may, by rule adopted pursuant to
1168chapter 120, provide for exceptions to the broad categories of
1169buildings exempted in this section, including exceptions for
1170application of specific sections of the code or standards
1171adopted therein. The Department of Agriculture and Consumer
1172Services shall have exclusive authority to adopt by rule,
1173pursuant to chapter 120, exceptions to nonresidential farm
1174buildings exempted in paragraph (c) when reasonably necessary to
1175preserve public health, safety, and welfare. The exceptions must
1176be based upon specific criteria, such as under-roof floor area,
1177aggregate electrical service capacity, HVAC system capacity, or
1178other building requirements. Further, the commission may
1179recommend to the Legislature additional categories of buildings,
1180structures, or facilities which should be exempted from the
1181Florida Building Code, to be provided by law. The Florida
1182Building Code does not apply to temporary housing provided by
1183the Department of Corrections to any prisoner in the state
1184correctional system.
1185     (15)  The Florida Building Code, and any agency or local
1186government, may not require that existing mechanical equipment
1187on the surface of a roof be installed in compliance with the
1188requirements of the code until the reroofing of the structure or
1189the mechanical equipment is replaced.
1190     (16)  The Florida Building Code must require that the
1191illumination in classroom units be designed to provide and
1192maintain an average of 40 foot-candles of light at each desktop.
1193Public educational facilities must consider using light-emitting
1194diode lighting before considering other lighting sources.
1195     Section 27.  Subsection (5) is added to section 553.74,
1196Florida Statutes, to read:
1197     553.74  Florida Building Commission.-
1198     (5)  Notwithstanding s. 112.313 or any other provision of
1199law, a member of any of commission's technical advisory
1200committees or a member of any other advisory committee or
1201workgroup of the commission, shall not be considered to have an
1202impermissible conflict of interest when representing clients
1203before the commission or one of its committees or workgroups.
1204However, the member, in his or her capacity as member of the
1205committee or workgroup, may not take part in any discussion on
1206or take action on any matter in which he or she has a direct
1207financial interest.
1208     Section 28.  Subsection (2) of section 553.76, Florida
1209Statutes, is amended to read:
1210     553.76  General powers of the commission.-The commission is
1211authorized to:
1212     (2)  Issue memoranda of procedure for its internal
1213management and control. The commission may adopt rules related
1214to its consensus-based decisionmaking process, including, but
1215not limited to, super majority voting requirements for
1216commission actions relating to the adoption of the Florida
1217Building Code or amendments to the code.
1218     Section 29.  Subsections (2) and (4) of section 553.775,
1219Florida Statutes, are amended to read:
1220     553.775  Interpretations.-
1221     (2)  Local enforcement agencies, local building officials,
1222state agencies, and the commission shall interpret provisions of
1223the Florida Building Code in a manner that is consistent with
1224declaratory statements and interpretations entered by the
1225commission, except that conflicts between the Florida Fire
1226Prevention Code and the Florida Building Code shall be resolved
1227in accordance with s. 553.73(11)(10)(c) and (d).
1228     (4)  In order to administer this section, the commission
1229may adopt by rule and impose a fee for filing requests for
1230declaratory statements and binding and nonbinding
1231interpretations to recoup the cost of the proceedings which may
1232not exceed $250 for each request for a review or interpretation.
1233For proceedings conducted by or in coordination with a third-
1234party, the rule may provide that payment be made directly to the
1235third party, who shall remit to the department that portion of
1236the fee necessary to cover the costs of the department.
1237     Section 30.  Subsection (9) of section 553.79, Florida
1238Statutes, is amended to read:
1239     553.79  Permits; applications; issuance; inspections.-
1240     (9)  Any state agency whose enabling legislation authorizes
1241it to enforce provisions of the Florida Building Code may enter
1242into an agreement with any other unit of government to delegate
1243its responsibility to enforce those provisions and may expend
1244public funds for permit and inspection fees, which fees may be
1245no greater than the fees charged others. Inspection services
1246that are not required to be performed by a state agency under a
1247federal delegation of responsibility or by a state agency under
1248the Florida Building Code must be performed under the
1249alternative plans review and inspection process created in s.
1250553.791 or by a local governmental entity having authority to
1251enforce the Florida Building Code.
1252     Section 31.  For the purpose of incorporating the amendment
1253made by this act to section 553.79, Florida Statutes, in a
1254reference thereto, subsection (1) of section 553.80, Florida
1255Statutes, is reenacted, and subsection (3) of that section is
1256amended, to read:
1257     553.80  Enforcement.-
1258     (1)  Except as provided in paragraphs (a)-(g), each local
1259government and each legally constituted enforcement district
1260with statutory authority shall regulate building construction
1261and, where authorized in the state agency's enabling
1262legislation, each state agency shall enforce the Florida
1263Building Code required by this part on all public or private
1264buildings, structures, and facilities, unless such
1265responsibility has been delegated to another unit of government
1266pursuant to s. 553.79(9).
1267     (a)  Construction regulations relating to correctional
1268facilities under the jurisdiction of the Department of
1269Corrections and the Department of Juvenile Justice are to be
1270enforced exclusively by those departments.
1271     (b)  Construction regulations relating to elevator
1272equipment under the jurisdiction of the Bureau of Elevators of
1273the Department of Business and Professional Regulation shall be
1274enforced exclusively by that department.
1275     (c)  In addition to the requirements of s. 553.79 and this
1276section, facilities subject to the provisions of chapter 395 and
1277part II of chapter 400 shall have facility plans reviewed and
1278construction surveyed by the state agency authorized to do so
1279under the requirements of chapter 395 and part II of chapter 400
1280and the certification requirements of the Federal Government.
1281     (d)  Building plans approved under s. 553.77(3) and state-
1282approved manufactured buildings, including buildings
1283manufactured and assembled offsite and not intended for
1284habitation, such as lawn storage buildings and storage sheds,
1285are exempt from local code enforcing agency plan reviews except
1286for provisions of the code relating to erection, assembly, or
1287construction at the site. Erection, assembly, and construction
1288at the site are subject to local permitting and inspections.
1289Lawn storage buildings and storage sheds bearing the insignia of
1290approval of the department are not subject to s. 553.842. Such
1291buildings that do not exceed 400 square feet may be delivered
1292and installed without need of a contractor's or specialty
1294     (e)  Construction regulations governing public schools,
1295state universities, and community colleges shall be enforced as
1296provided in subsection (6).
1297     (f)  The Florida Building Code as it pertains to toll
1298collection facilities under the jurisdiction of the turnpike
1299enterprise of the Department of Transportation shall be enforced
1300exclusively by the turnpike enterprise.
1301     (g)  Construction regulations relating to secure mental
1302health treatment facilities under the jurisdiction of the
1303Department of Children and Family Services shall be enforced
1304exclusively by the department in conjunction with the Agency for
1305Health Care Administration's review authority under paragraph
1308The governing bodies of local governments may provide a schedule
1309of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1310section, for the enforcement of the provisions of this part.
1311Such fees shall be used solely for carrying out the local
1312government's responsibilities in enforcing the Florida Building
1313Code. The authority of state enforcing agencies to set fees for
1314enforcement shall be derived from authority existing on July 1,
13151998. However, nothing contained in this subsection shall
1316operate to limit such agencies from adjusting their fee schedule
1317in conformance with existing authority.
1318     (3)(a)  Each enforcement district shall be governed by a
1319board, the composition of which shall be determined by the
1320affected localities.
1321     (b)1.  At its own option, each enforcement district or
1322local enforcement agency may adopt promulgate rules granting to
1323the owner of a single-family residence one or more exemptions
1324from the Florida Building Code relating to:
1325     a.(a)  Addition, alteration, or repairs performed by the
1326property owner upon his or her own property, provided any
1327addition or alteration shall not exceed 1,000 square feet or the
1328square footage of the primary structure, whichever is less.
1329     b.(b)  Addition, alteration, or repairs by a nonowner
1330within a specific cost limitation set by rule, provided the
1331total cost shall not exceed $5,000 within any 12-month period.
1332     c.(c)  Building and inspection fees.
1333     2.  However, the exemptions under subparagraph 1. do not
1334apply to single-family residences that are located in mapped
1335flood hazard areas, as defined in the code, unless the
1336enforcement district or local enforcement agency has determined
1337that the work, which is otherwise exempt, does not constitute a
1338substantial improvement, including the repair of substantial
1339damage, of such single-family residences.
1340     3.  Each code exemption, as defined in sub-subparagraphs
13411.a, b., and c. paragraphs (a), (b), and (c), shall be certified
1342to the local board 10 days prior to implementation and shall
1343only be effective in the territorial jurisdiction of the
1344enforcement district or local enforcement agency implementing
1346     Section 32.  Subsections (4) through (8) of section
1347553.841, Florida Statutes, are amended to read:
1348     553.841  Building code compliance and mitigation program.-
1349     (4)  The department, In administering the Florida Building
1350Code Compliance and Mitigation Program, the department shall
1351maintain, update, develop, or cause to be developed:
1352     (a)  A core curriculum that is prerequisite to the advanced
1353module coursework.
1354     (b)  advanced modules designed for use by each profession.
1355     (c)  The core curriculum developed under this subsection
1356must be submitted to the Department of Business and Professional
1357Regulation for approval. Advanced modules developed under this
1358paragraph must be approved by the commission and submitted to
1359the respective boards for approval.
1360     (5)  The core curriculum shall cover the information
1361required to have all categories of participants appropriately
1362informed as to their technical and administrative
1363responsibilities in the effective execution of the code process
1364by all individuals currently licensed under part XII of chapter
1365468, chapter 471, chapter 481, or chapter 489, except as
1366otherwise provided in s. 471.017. The core curriculum shall be
1367prerequisite to the advanced module coursework for all licensees
1368and shall be completed by individuals licensed in all categories
1369under part XII of chapter 468, chapter 471, chapter 481, or
1370chapter 489 within the first 2-year period after initial
1371licensure. Core course hours taken by licensees to complete this
1372requirement shall count toward fulfillment of required
1373continuing education units under part XII of chapter 468,
1374chapter 471, chapter 481, or chapter 489.
1375     (5)(6)  Each biennium, upon receipt of funds by the
1376Department of Community Affairs from the Construction Industry
1377Licensing Board and the Electrical Contractors' Licensing Board
1378provided under ss. 489.109(3) and 489.509(3), the department
1379shall determine the amount of funds available for the Florida
1380Building Code Compliance and Mitigation Program.
1381     (6)(7)  If the projects provided through the Florida
1382Building Code Compliance and Mitigation Program in any state
1383fiscal year do not require the use of all available funds, the
1384unused funds shall be carried forward and allocated for use
1385during the following fiscal year.
1386     (7)(8)  The Florida Building Commission shall provide by
1387rule for the accreditation of courses related to the Florida
1388Building Code by accreditors approved by the commission. The
1389commission shall establish qualifications of accreditors and
1390criteria for the accreditation of courses by rule. The
1391commission may revoke the accreditation of a course by an
1392accreditor if the accreditation is demonstrated to violate this
1393part or the rules of the commission.
1394     (8)(9)  This section does not prohibit or limit the subject
1395areas or development of continuing education or training on the
1396Florida Building Code by any qualified entity.
1397     Section 33.  Subsections (1), (5), (8), and (17) of section
1398553.842, Florida Statutes, are amended to read:
1399     553.842  Product evaluation and approval.-
1400     (1)  The commission shall adopt rules under ss. 120.536(1)
1401and 120.54 to develop and implement a product evaluation and
1402approval system that applies statewide to operate in
1403coordination with the Florida Building Code. The commission may
1404enter into contracts to provide for administration of the
1405product evaluation and approval system. The commission's rules
1406and any applicable contract may provide that the payment of fees
1407related to approvals be made directly to the administrator. Any
1408fee paid by a product manufacturer shall be used only for
1409funding the product evaluation and approval system. The product
1410evaluation and approval system shall provide:
1411     (a)  Appropriate promotion of innovation and new
1413     (b)  Processing submittals of products from manufacturers
1414in a timely manner.
1415     (c)  Independent, third-party qualified and accredited
1416testing and laboratory facilities, product evaluation entities,
1417quality assurance agencies, certification agencies, and
1418validation entities.
1419     (d)  An easily accessible product acceptance list to
1420entities subject to the Florida Building Code.
1421     (e)  Development of stringent but reasonable testing
1422criteria based upon existing consensus standards, when
1423available, for products.
1424     (f)  Long-term approvals, where feasible. State and local
1425approvals will be valid until the requirements of the code on
1426which the approval is based change, the product changes in a
1427manner affecting its performance as required by the code, or the
1428approval is revoked. However, the commission may authorize by
1429rule editorial revisions to approvals and charge a fee as
1430provided in this section.
1431     (g)  Criteria for revocation of a product approval.
1432     (h)  Cost-effectiveness.
1433     (5)  Statewide approval of products, methods, or systems of
1434construction may be achieved by one of the following methods.
1435One of these methods must be used by the commission to approve
1436the following categories of products: panel walls, exterior
1437doors, roofing, skylights, windows, shutters, and structural
1438components as established by the commission by rule.
1439     (a)  Products for which the code establishes standardized
1440testing or comparative or rational analysis methods shall be
1441approved by submittal and validation of one of the following
1442reports or listings indicating that the product or method or
1443system of construction was evaluated to be in compliance with
1444the Florida Building Code and that the product or method or
1445system of construction is, for the purpose intended, at least
1446equivalent to that required by the Florida Building Code:
1447     1.  A certification mark or listing of an approved
1448certification agency, which may be used only for products for
1449which the code designates standardized testing;
1450     2.  A test report from an approved testing laboratory;
1451     3.  A product evaluation report based upon testing or
1452comparative or rational analysis, or a combination thereof, from
1453an approved product evaluation entity; or
1454     4.  A product evaluation report based upon testing or
1455comparative or rational analysis, or a combination thereof,
1456developed and signed and sealed by a professional engineer or
1457architect, licensed in this state.
1459A product evaluation report or a certification mark or listing
1460of an approved certification agency which demonstrates that the
1461product or method or system of construction complies with the
1462Florida Building Code for the purpose intended shall be
1463equivalent to a test report and test procedure as referenced in
1464the Florida Building Code. An application for state approval of
1465a product under subparagraph 1. must be approved by the
1466department after the commission staff or a designee verifies
1467that the application and related documentation are complete.
1468This verification must be completed within 10 business days
1469after receipt of the application. Upon approval by the
1470department, the product shall be immediately added to the list
1471of state-approved products maintained under subsection (13).
1472Approvals by the department shall be reviewed and ratified by
1473the commission's program oversight committee except for a
1474showing of good cause that a review by the full commission is
1476     (b)  Products, methods, or systems of construction for
1477which there are no specific standardized testing or comparative
1478or rational analysis methods established in the code may be
1479approved by submittal and validation of one of the following:
1480     1.  A product evaluation report based upon testing or
1481comparative or rational analysis, or a combination thereof, from
1482an approved product evaluation entity indicating that the
1483product or method or system of construction was evaluated to be
1484in compliance with the intent of the Florida Building Code and
1485that the product or method or system of construction is, for the
1486purpose intended, at least equivalent to that required by the
1487Florida Building Code; or
1488     2.  A product evaluation report based upon testing or
1489comparative or rational analysis, or a combination thereof,
1490developed and signed and sealed by a professional engineer or
1491architect, licensed in this state, who certifies that the
1492product or method or system of construction is, for the purpose
1493intended, at least equivalent to that required by the Florida
1494Building Code.
1495     (8)  The commission may adopt rules to approve the
1496following types of entities that produce information on which
1497product approvals are based. All of the following entities,
1498including engineers and architects, must comply with a
1499nationally recognized standard demonstrating independence or no
1500conflict of interest:
1501     (a)  Evaluation entities that meet the criteria for
1502approval adopted by the commission by rule. The commission shall
1503specifically approve the National Evaluation Service, the
1504International Association of Plumbing and Mechanical Officials
1505Evaluation Service the International Conference of Building
1506Officials Evaluation Services, the International Code Council
1507Evaluation Services, the Building Officials and Code
1508Administrators International Evaluation Services, the Southern
1509Building Code Congress International Evaluation Services, and
1510the Miami-Dade County Building Code Compliance Office Product
1511Control. Architects and engineers licensed in this state are
1512also approved to conduct product evaluations as provided in
1513subsection (5).
1514     (b)  Testing laboratories accredited by national
1515organizations, such as A2LA and the National Voluntary
1516Laboratory Accreditation Program, laboratories accredited by
1517evaluation entities approved under paragraph (a), and
1518laboratories that comply with other guidelines for testing
1519laboratories selected by the commission and adopted by rule.
1520     (c)  Quality assurance entities approved by evaluation
1521entities approved under paragraph (a) and by certification
1522agencies approved under paragraph (d) and other quality
1523assurance entities that comply with guidelines selected by the
1524commission and adopted by rule.
1525     (d)  Certification agencies accredited by nationally
1526recognized accreditors and other certification agencies that
1527comply with guidelines selected by the commission and adopted by
1529     (e)  Validation entities that comply with accreditation
1530standards established by the commission by rule.
1531     (17)(a)  The Florida Building Commission shall review the
1532list of evaluation entities in subsection (8) and, in the annual
1533report required under s. 553.77, shall either recommend
1534amendments to the list to add evaluation entities the commission
1535determines should be authorized to perform product evaluations
1536or shall report on the criteria adopted by rule or to be adopted
1537by rule allowing the commission to approve evaluation entities
1538that use the commission's product evaluation process. If the
1539commission adopts criteria by rule, the rulemaking process must
1540be completed by July 1, 2009.
1541     (b)  Notwithstanding paragraph (8)(a), the International
1542Association of Plumbing and Mechanical Officials Evaluation
1543Services is approved as an evaluation entity until October 1,
15442009. If the association does not obtain permanent approval by
1545the commission as an evaluation entity by October 1, 2009,
1546products approved on the basis of an association evaluation must
1547be substituted by an alternative, approved entity by December
154831, 2009, and on January 1, 2010, any product approval issued by
1549the commission based on an association evaluation is void.
1550     Section 34.  Subsection (4) is added to section 553.844,
1551Florida Statutes, to read:
1552     553.844  Windstorm loss mitigation; requirements for roofs
1553and opening protection.-
1554     (4)  Notwithstanding the provisions of this section,
1555exposed mechanical equipment or appliances fastened to rated
1556stands, platforms, curbs, or slabs are deemed to comply with the
1557wind resistance requirements for wind-borne debris regions as
1558defined in s. 1609.2, Buildings Volume, 2007 Florida Building
1559Code, as amended. Further support or enclosure of such
1560mechanical equipment or appliances is not required by a state or
1561local official having authority to enforce the Florida Building
1562Code. This subsection expires December 31, 2012.
1563     Section 35.  Section 553.885, Florida Statutes, is amended
1564to read:
1565     553.885  Carbon monoxide alarm required.-
1566     (1)  Every separate building or addition to an existing
1567building, other than a hospital, an inpatient hospice facility,
1568or a nursing home facility licensed by the Agency for Health
1569Care Administration, constructed for which a building permit is
1570issued for new construction on or after July 1, 2008, and having
1571a fossil-fuel-burning heater or appliance, a fireplace, or an
1572attached garage, or other feature, fixture, or element that
1573emits carbon monoxide as a byproduct of combustion shall have an
1574approved operational carbon monoxide alarm installed within 10
1575feet of each room used for sleeping purposes in the new building
1576or addition, or at such other locations as required by the
1577Florida Building Code. The requirements of this subsection may
1578be satisfied with the installation of a battery-powered carbon
1579monoxide alarm or a battery-powered combination carbon monoxide
1580and smoke alarm. For a new hospital, an inpatient hospice
1581facility, or a nursing home facility licensed by the Agency for
1582Health Care Administration, an approved operational carbon
1583monoxide detector shall be installed inside or directly outside
1584of each room or area within the hospital or facility where a
1585fossil-fuel-burning heater, engine, or appliance is located.
1586This detector shall be connected to the fire alarm system of the
1587hospital or facility as a supervisory signal. This subsection
1588does not apply to existing buildings that are undergoing
1589alterations or repairs unless the alteration is an addition as
1590defined in subsection (3).
1591     (2)  The Florida Building Commission shall adopt rules to
1592administer this section and shall incorporate such requirements
1593into its next revision of the Florida Building Code.
1594     (3)  As used in this section, the term:
1595     (a)  "Carbon monoxide alarm" means a device that is meant
1596for the purpose of detecting carbon monoxide, that produces a
1597distinct audible alarm, and that meets the requirements of and
1598is approved by the Florida Building Commission.
1599     (b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
1600or other petroleum or hydrocarbon product that emits carbon
1601monoxide as a by-product of combustion.
1602     (c)  "Addition" means an extension or increase in floor
1603area, number of stories, or height of a building or structure.
1604     Section 36.  Subsection (2) of section 553.9061, Florida
1605Statutes, is amended to read:
1606     553.9061  Scheduled increases in thermal efficiency
1608     (2)  The Florida Building Commission shall identify within
1609code support and compliance documentation the specific building
1610options and elements available to meet the energy performance
1611goals established in subsection (1). Energy efficiency
1612performance options and elements include, but are not limited
1614     (a)  Energy-efficient water heating systems, including
1615solar water heating.
1616     (b)  Energy-efficient appliances.
1617     (c)  Energy-efficient windows, doors, and skylights.
1618     (d)  Low solar-absorption roofs, also known as "cool
1620     (e)  Enhanced ceiling and wall insulation.
1621     (f)  Reduced-leak duct systems and energy-saving devices
1622and features installed within duct systems.
1623     (g)  Programmable thermostats.
1624     (h)  Energy-efficient lighting systems.
1625     (i)  Energy-saving quality installation procedures for
1626replacement air-conditioning systems, including, but not limited
1627to, equipment sizing analysis and duct inspection.
1628     (j)  Shading devices, sunscreening materials, and
1630     (k)  Weatherstripping, caulking, and sealing of exterior
1631openings and penetrations.
1632     (l)  Energy-efficient centralized computer data centers in
1633office buildings.
1634     Section 37.  Subsections (3) and (4) of section 553.909,
1635Florida Statutes, are amended to read:
1636     553.909  Setting requirements for appliances; exceptions.-
1637     (3)  Commercial or residential swimming pool pumps or water
1638heaters manufactured on or sold after July 1, 2011, shall comply
1639with the requirements of this subsection.
1640     (a)  Natural gas pool heaters shall not be equipped with
1641constantly burning pilots.
1642     (b)  Heat pump pool heaters shall have a coefficient of
1643performance at low temperature of not less than 4.0.
1644     (c)  The thermal efficiency of gas-fired pool heaters and
1645oil-fired pool heaters shall not be less than 78 percent.
1646     (d)  All pool heaters shall have a readily accessible on-
1647off switch that is mounted outside the heater and that allows
1648shutting off the heater without adjusting the thermostat
1650     (4)(a)  Residential swimming pool pumps and pump motors
1651manufactured on or after July 1, 2011, shall comply with the
1652requirements in this subsection.
1653     (b)  Residential pool pump motors shall not be split-phase,
1654shaded-pole, or capacitor start-induction run types.
1655     (c)  Residential pool pumps and pool pump motors with a
1656total horsepower of 1 HP or more shall have the capability of
1657operating at two or more speeds with a low speed having a
1658rotation rate that is no more than one-half of the motor's
1659maximum rotation rate.
1660     (d)  Residential pool pump motor controls shall have the
1661capability of operating the pool pump at a minimum of two
1662speeds. The default circulation speed shall be the residential
1663filtration speed, with a higher speed override capability being
1664for a temporary period not to exceed one normal cycle or 24
1665hours 120 minutes, whichever is less; except that circulation
1666speed for solar pool heating systems shall be permitted to run
1667at higher speeds during periods of usable solar heat gain.
1668     Section 38.  Section 553.912, Florida Statutes, is amended
1669to read:
1670     553.912  Air conditioners.-All air conditioners that which
1671are sold or installed in the state shall meet the minimum
1672efficiency ratings of the Florida Energy Efficiency Code for
1673Building Construction. These efficiency ratings shall be
1674minimums and may be updated in the Florida Energy Efficiency
1675Code for Building Construction by the department in accordance
1676with s. 553.901, following its determination that more cost-
1677effective energy-saving equipment and techniques are available.
1678All replacement air-conditioning systems shall be installed
1679using energy-saving, quality installation procedures, including,
1680but not limited to, equipment sizing analysis and duct
1682     Section 39.  Subsection (2) of section 627.711, Florida
1683Statutes, is amended to read:
1684     627.711  Notice of premium discounts for hurricane loss
1685mitigation; uniform mitigation verification inspection form.-
1686     (2)  By July 1, 2007, the Financial Services Commission
1687shall develop by rule a uniform mitigation verification
1688inspection form that shall be used by all insurers when
1689submitted by policyholders for the purpose of factoring
1690discounts for wind insurance. In developing the form, the
1691commission shall seek input from insurance, construction, and
1692building code representatives. Further, the commission shall
1693provide guidance as to the length of time the inspection results
1694are valid. An insurer shall accept as valid a uniform mitigation
1695verification form certified by the Department of Financial
1696Services or signed by:
1697     (a)  A hurricane mitigation inspector certified by the My
1698Safe Florida Home program;
1699     (b)  A building code inspector certified under s. 468.607;
1700     (c)  A general, building, or residential contractor
1701licensed under s. 489.111;
1702     (d)  A professional engineer licensed under s. 471.015 who
1703has passed the appropriate equivalency test of the Building Code
1704Training Program as required by s. 553.841;
1705     (e)  A professional architect licensed under s. 481.213; or
1706     (f)  Any other individual or entity recognized by the
1707insurer as possessing the necessary qualifications to properly
1708complete a uniform mitigation verification form.
1709     Section 40.  Subsections (7) through (28) of section
1710633.021, Florida Statutes, are renumbered as subsections (8)
1711through (29), respectively, a new subsection (7) is added to
1712that section, and present subsection (20) of that section is
1713amended, to read:
1714     633.021  Definitions.-As used in this chapter:
1715     (7)(a)  "Fire equipment dealer Class A" means a licensed
1716fire equipment dealer whose business is limited to servicing,
1717recharging, repairing, installing, or inspecting all types of
1718fire extinguishers and conducting hydrostatic tests on all types
1719of fire extinguishers.
1720     (b)  "Fire equipment dealer Class B" means a licensed fire
1721equipment dealer whose business is limited to servicing,
1722recharging, repairing, installing, or inspecting all types of
1723fire extinguishers, including recharging carbon dioxide units
1724and conducting hydrostatic tests on all types of fire
1725extinguishers, except carbon dioxide units.
1726     (c)  "Fire equipment dealer Class C" means a licensed fire
1727equipment dealer whose business is limited to servicing,
1728recharging, repairing, installing, or inspecting all types of
1729fire extinguishers, except recharging carbon dioxide units, and
1730conducting hydrostatic tests on all types of fire extinguishers,
1731except carbon dioxide units.
1732     (d)  "Fire equipment dealer Class D" means a licensed fire
1733equipment dealer whose business is limited to servicing,
1734recharging, repairing, installing, hydrotesting, or inspecting
1735of all types of preengineered fire extinguishing systems.
1736     (21)(a)(20)  A "preengineered system" is a fire suppression
1737system which:
1738     1.(a)  Uses any of a variety of extinguishing agents.
1739     2.(b)  Is designed to protect specific hazards.
1740     3.(c)  Must be installed according to pretested limitations
1741and configurations specified by the manufacturer and applicable
1742National Fire Protection Association (NFPA) standards. Only
1743those chapters within the National Fire Protection Association
1744standards that pertain to servicing, recharging, repairing,
1745installing, hydrotesting, or inspecting any type of
1746preengineered fire extinguishing system may be used.
1747     4.(d)  Must be installed using components specified by the
1748manufacturer or components that are listed as equal parts by a
1749nationally recognized testing laboratory such as Underwriters
1750Laboratories, Inc., or Factory Mutual Laboratories, Inc.
1751     5.(e)  Must be listed by a nationally recognized testing
1753     (b)  Preengineered systems consist of and include all of
1754the components and parts providing fire suppression protection,
1755but do not include the equipment being protected, and may
1756incorporate special nozzles, flow rates, methods of application,
1757pressurization levels, and quantities of agents designed by the
1758manufacturer for specific hazards.
1759     Section 41.  Paragraph (b) of subsection (3) of section
1760633.0215, Florida Statutes, is amended, and subsections (13) and
1761(14) are added to that section, to read:
1762     633.0215  Florida Fire Prevention Code.-
1763     (3)  No later than 180 days before the triennial adoption
1764of the Florida Fire Prevention Code, the State Fire Marshal
1765shall notify each municipal, county, and special district fire
1766department of the triennial code adoption and steps necessary
1767for local amendments to be included within the code. No later
1768than 120 days before the triennial adoption of the Florida Fire
1769Prevention Code, each local jurisdiction shall provide the State
1770Fire Marshal with copies of its local fire code amendments. The
1771State Fire Marshal has the option to process local fire code
1772amendments that are received less than 120 days before the
1773adoption date of the Florida Fire Prevention Code.
1774     (b)  Any local amendment to the Florida Fire Prevention
1775Code adopted by a local government shall be effective only until
1776the adoption of the new edition of the Florida Fire Prevention
1777Code, which shall be every third year. At such time, the State
1778Fire Marshal shall adopt such amendment as part of the Florida
1779Fire Prevention Code or rescind the amendment. The State Fire
1780Marshal shall immediately notify the respective local government
1781of the rescission of the amendment and the reason for the
1782rescission. After receiving such notice, the respective local
1783government may readopt the rescinded amendment. Incorporation of
1784local amendments as regional and local concerns and variations
1785shall be considered as adoption of an amendment pursuant to this
1786section part.
1787     (13)(a)  The State Fire Marshal shall issue an expedited
1788declaratory statement relating to interpretations of provisions
1789of the Florida Fire Prevention Code according to the following
1791     1.  The declaratory statement shall be rendered in
1792accordance with s. 120.565, except that a final decision must be
1793issued by the State Fire Marshal within 45 days after the
1794division's receipt of a petition seeking an expedited
1795declaratory statement. The State Fire Marshal shall give notice
1796of the petition and the expedited declaratory statement or the
1797denial of the petition in the next available issue of the
1798Florida Administrative Weekly after the petition is filed and
1799after the statement or denial is rendered.
1800     2.  The petitioner must be the owner of the disputed
1801project or the owner's representative.
1802     3.  The petition for an expedited declaratory statement
1803must be:
1804     a.  Related to an active project that is under construction
1805or must have been submitted for a permit.
1806     b.  The subject of a written notice citing a specific
1807provision of the Florida Fire Prevention Code which is in
1809     c.  Limited to a single question that is capable of being
1810answered with a "yes" or "no" response.
1811     (b)  A petition for a declaratory statement which does not
1812meet all of the requirements of this subsection must be denied
1813without prejudice. This subsection does not affect the right of
1814the petitioner as a substantially affected person to seek a
1815declaratory statement under s. 633.01(6).
1816     (14)  A condominium that is one or two stories in height
1817and has an exterior means of egress corridor is exempt from
1818installing a manual fire alarm system as required in s. 9.6 of
1819the most recent edition of the Life Safety Code adopted in the
1820Florida Fire Prevention Code.
1821     Section 42.  Subsections (2) and (10) of section 633.0245,
1822Florida Statutes, are amended to read:
1823     633.0245  State Fire Marshal Nursing Home Fire Protection
1824Loan Guarantee Program.-
1825     (2)  The State Fire Marshal may enter into limited loan
1826guarantee agreements with one or more financial institutions
1827qualified as public depositories in this state. Such agreements
1828shall provide a limited guarantee by the State of Florida
1829covering no more than 50 percent of the principal sum loaned by
1830such financial institution to an eligible nursing home, as
1831defined in subsection (10), for the sole purpose of the initial
1832installation at such nursing home of a fire protection system,
1833as defined in s. 633.021(10)(9), approved by the State Fire
1834Marshal as being in compliance with the provisions of s. 633.022
1835and rules adopted thereunder.
1836     (10)  For purposes of this section, "eligible nursing home"
1837means a nursing home facility that provides nursing services as
1838defined in chapter 464, is licensed under part II of chapter
1839400, and is certified by the Agency for Health Care
1840Administration to lack an installed fire protection system as
1841defined in s. 633.021(10)(9).
1842     Section 43.  Section 633.026, Florida Statutes, is amended
1843to read:
1844     633.026  Legislative intent; informal interpretations of
1845the Florida Fire Prevention Code.-It is the intent of the
1846Legislature that the Florida Fire Prevention Code be interpreted
1847by fire officials and local enforcement agencies in a manner
1848that protects the public safety, health, and welfare by ensuring
1849uniform interpretations throughout this state and by providing
1850just and expeditious processes for resolving disputes regarding
1851such interpretations. It is the intent of the Legislature that
1852such processes provide for the expeditious resolution of the
1853issues presented and that the resulting interpretation of such
1854issues be published on the website of the Division of State Fire
1856     (1)  The Division of State Fire Marshal shall by rule
1857establish an informal process of rendering nonbinding
1858interpretations of the Florida Fire Prevention Code. The
1859Division of State Fire Marshal may contract with and refer
1860interpretive issues to a nonprofit organization that has
1861experience in interpreting and enforcing the Florida Fire
1862Prevention Code. The Division of State Fire Marshal shall
1863immediately implement the process prior to the completion of
1864formal rulemaking. It is the intent of the Legislature that the
1865Division of State Fire Marshal establish create a Fire Code
1866Interpretation Committee composed of seven persons and seven
1867alternates, equally representing each area of the state process
1868to refer questions to a small group of individuals certified
1869under s. 633.081(2), to which a party can pose questions
1870regarding the interpretation of the Florida Fire Prevention Code
1872     (2)  Each member and alternate member of the Fire Code
1873Interpretation Committee must be certified as a firesafety
1874inspector pursuant to s. 633.081(2) and must have a minimum of 5
1875years of experience interpreting and enforcing the Florida Fire
1876Prevention Code and the Life Safety Code. Each member and
1877alternate member must be approved by the Division of State Fire
1878Marshal and deemed by the division to have met these
1879requirements for at least 30 days before participating in a
1880review of a nonbinding interpretation. It is the intent of the
1881Legislature that the process provide for the expeditious
1882resolution of the issues presented and publication of the
1883resulting interpretation on the website of the Division of State
1884Fire Marshal. It is the intent of the Legislature that this
1885program be similar to the program established by the Florida
1886Building Commission in s. 553.775(3)(g).
1887     (3)  Each nonbinding interpretation of code provisions must
1888be provided within 10 business days after receipt of a request
1889for interpretation. The response period established in this
1890subsection may be waived only with the written consent of the
1891party requesting the nonbinding interpretation and the Division
1892of State Fire Marshal. Nonbinding Such interpretations shall be
1893advisory only and nonbinding on the parties or the State Fire
1895     (4)  In order to administer this section, the Division of
1896State Fire Marshal shall charge department may adopt by rule and
1897impose a fee for nonbinding interpretations, with payment made
1898directly to the third party. The fee may not exceed $150 for
1899each request for a review or interpretation. The division may
1900authorize payment of fees directly to the nonprofit organization
1901under contract pursuant to subsection (1).
1902     (5)  A party requesting a nonbinding interpretation who
1903disagrees with the interpretation issued under this section may
1904apply for a formal interpretation from the State Fire Marshal
1905pursuant to s. 633.01(6).
1906     (6)  The Division of State Fire Marshal shall issue or
1907cause to be issued a nonbinding interpretation of the Florida
1908Fire Prevention Code pursuant to this section when requested to
1909do so upon submission of a petition by a fire official or by the
1910owner or owner's representative or the contractor or
1911contractor's representative of a project in dispute. The
1912division shall adopt a petition form by rule and the petition
1913form must be published on the State Fire Marshal's website. The
1914form shall, at a minimum, require:
1915     (a)  The name and address of the local fire official,
1916including the address of the county, municipality, or special
1918     (b)  The name and address of the owner or owner's
1919representative or the contractor or contractor's representative.
1920     (c)  A statement of the specific sections of the Florida
1921Fire Prevention Code being interpreted by the local fire
1923     (d)  An explanation of how the petitioner's substantial
1924interests are being affected by the local interpretation of the
1925Florida Fire Prevention Code.
1926     (e)  A statement of the interpretation of the specific
1927sections of the Florida Fire Prevention Code by the local fire
1929     (f)  A statement of the interpretation that the petitioner
1930contends should be given to the specific sections of the Florida
1931Fire Prevention Code and a statement supporting the petitioner's
1933     (7)  Upon receipt of a petition that meets the requirements
1934of subsection (6), the Division of State Fire Marshal shall
1935immediately provide copies of the petition to the Fire Code
1936Interpretation Committee, and shall publish the petition and any
1937response submitted by the local fire official on the State Fire
1938Marshal's website.
1939     (8)  The committee shall conduct proceedings as necessary
1940to resolve the issues and give due regard to the petition, the
1941facts of the matter at issue, specific code sections cited, and
1942any statutory implications affecting the Florida Fire Prevention
1943Code. The committee shall issue an interpretation regarding the
1944provisions of the Florida Fire Prevention Code within 10 days
1945after the filing of a petition. The committee shall issue an
1946interpretation based upon the Florida Fire Prevention Code or,
1947if the code is ambiguous, the intent of the code. The
1948committee's interpretation shall be provided to the petitioner
1949and shall include a notice that if the petitioner disagrees with
1950the interpretation, the petitioner may file a request for formal
1951interpretation by the State Fire Marshal under s. 633.01(6). The
1952committee's interpretation shall be provided to the State Fire
1953Marshal, and the division shall publish the interpretation on
1954the State Fire Marshal's website and in the Florida
1955Administrative Weekly.
1956     Section 44.  Subsections (2) through (10) of section
1957633.061, Florida Statutes, are renumbered as subsections (3)
1958through (11), respectively, a new subsection (2) is added to
1959that section, and paragraph (c) of present subsection (3) of
1960that section is amended, to read:
1961     633.061  Fire suppression equipment; license to install or
1963     (2)  A person who holds a valid fire equipment dealer
1964license may maintain such license in an inactive status during
1965which time he or she may not engage in any work under the
1966definition of the license held. An inactive status license shall
1967be void after 2 years or at the time that the license is
1968renewed, whichever comes first. The biennial renewal fee for an
1969inactive status license shall be $75. An inactive status license
1970may not be reactivated unless the continuing education
1971requirements of this chapter have been fulfilled.
1972     (4)(3)
1973     (c)  A license of any class shall not be issued or renewed
1974by the State Fire Marshal and a license of any class shall not
1975remain operative unless:
1976     1.  The applicant has submitted to the State Fire Marshal
1977evidence of registration as a Florida corporation or evidence of
1978compliance with s. 865.09.
1979     2.  The State Fire Marshal or his or her designee has by
1980inspection determined that the applicant possesses the equipment
1981required for the class of license sought. The State Fire Marshal
1982shall give an applicant a reasonable opportunity to correct any
1983deficiencies discovered by inspection. A fee of $50, payable to
1984the State Fire Marshal, shall be required for any subsequent
1986     3.  The applicant has submitted to the State Fire Marshal
1987proof of insurance providing coverage for comprehensive general
1988liability for bodily injury and property damage, products
1989liability, completed operations, and contractual liability. The
1990State Fire Marshal shall adopt rules providing for the amounts
1991of such coverage, but such amounts shall not be less than
1992$300,000 for Class A or Class D licenses, $200,000 for Class B
1993licenses, and $100,000 for Class C licenses; and the total
1994coverage for any class of license held in conjunction with a
1995Class D license shall not be less than $300,000. The State Fire
1996Marshal may, at any time after the issuance of a license or its
1997renewal, require upon demand, and in no event more than 30 days
1998after notice of such demand, the licensee to provide proof of
1999insurance, on a form provided by the State Fire Marshal,
2000containing confirmation of insurance coverage as required by
2001this chapter. Failure, for any length of time, to provide proof
2002of insurance coverage as required shall result in the immediate
2003suspension of the license until proof of proper insurance is
2004provided to the State Fire Marshal. An insurer which provides
2005such coverage shall notify the State Fire Marshal of any change
2006in coverage or of any termination, cancellation, or nonrenewal
2007of any coverage.
2008     4.  The applicant applies to the State Fire Marshal,
2009provides proof of experience, and successfully completes a
2010prescribed training course offered by the State Fire College or
2011an equivalent course approved by the State Fire Marshal. This
2012subparagraph does not apply to any holder of or applicant for a
2013permit under paragraph (f) or to a business organization or a
2014governmental entity seeking initial licensure or renewal of an
2015existing license solely for the purpose of inspecting,
2016servicing, repairing, marking, recharging, and maintaining fire
2017extinguishers used and located on the premises of and owned by
2018such organization or entity.
2019     5.  The applicant has a current retestor identification
2020number that is appropriate for the license for which the
2021applicant is applying and that is listed with the United States
2022Department of Transportation.
2023     6.  The applicant has passed, with a grade of at least 70
2024percent, a written examination testing his or her knowledge of
2025the rules and statutes regulating the activities authorized by
2026the license and demonstrating his or her knowledge and ability
2027to perform those tasks in a competent, lawful, and safe manner.
2028Such examination shall be developed and administered by the
2029State Fire Marshal, or his or her designee in accordance with
2030policies and procedures of the State Fire Marshal. An applicant
2031shall pay a nonrefundable examination fee of $50 for each
2032examination or reexamination scheduled. No reexamination shall
2033be scheduled sooner than 30 days after any administration of an
2034examination to an applicant. No applicant shall be permitted to
2035take an examination for any level of license more than a total
2036of four times during 1 year, regardless of the number of
2037applications submitted. As a prerequisite to licensure of the
2039     a.  Must be at least 18 years of age.
2040     b.  Must have 4 years of proven experience as a fire
2041equipment permittee at a level equal to or greater than the
2042level of license applied for or have a combination of education
2043and experience determined to be equivalent thereto by the State
2044Fire Marshal. Having held a permit at the appropriate level for
2045the required period constitutes the required experience.
2046     c.  Must not have been convicted of, or pled nolo
2047contendere to, any felony. If an applicant has been convicted of
2048any such felony, the applicant must comply with s.
2051This subparagraph does not apply to any holder of or applicant
2052for a permit under paragraph (f) or to a business organization
2053or a governmental entity seeking initial licensure or renewal of
2054an existing license solely for the purpose of inspecting,
2055servicing, repairing, marking, recharging, hydrotesting, and
2056maintaining fire extinguishers used and located on the premises
2057of and owned by such organization or entity.
2058     Section 45.  Section 633.081, Florida Statutes, is amended
2059to read:
2060     633.081  Inspection of buildings and equipment; orders;
2061firesafety inspection training requirements; certification;
2062disciplinary action.-The State Fire Marshal and her or his
2063agents shall, at any reasonable hour, when the State Fire
2064Marshal department has reasonable cause to believe that a
2065violation of this chapter or s. 509.215, or a rule promulgated
2066thereunder, or a minimum firesafety code adopted by a local
2067authority, may exist, inspect any and all buildings and
2068structures which are subject to the requirements of this chapter
2069or s. 509.215 and rules promulgated thereunder. The authority to
2070inspect shall extend to all equipment, vehicles, and chemicals
2071which are located within the premises of any such building or
2073     (1)  Each county, municipality, and special district that
2074has firesafety enforcement responsibilities shall employ or
2075contract with a firesafety inspector. The firesafety inspector
2076must conduct all firesafety inspections that are required by
2077law. The governing body of a county, municipality, or special
2078district that has firesafety enforcement responsibilities may
2079provide a schedule of fees to pay only the costs of inspections
2080conducted pursuant to this subsection and related administrative
2081expenses. Two or more counties, municipalities, or special
2082districts that have firesafety enforcement responsibilities may
2083jointly employ or contract with a firesafety inspector.
2084     (2)  Every firesafety inspection conducted pursuant to
2085state or local firesafety requirements shall be by a person
2086certified as having met the inspection training requirements set
2087by the State Fire Marshal. Such person shall:
2088     (a)  Be a high school graduate or the equivalent as
2089determined by the department;
2090     (b)  Not have been found guilty of, or having pleaded
2091guilty or nolo contendere to, a felony or a crime punishable by
2092imprisonment of 1 year or more under the law of the United
2093States, or of any state thereof, which involves moral turpitude,
2094without regard to whether a judgment of conviction has been
2095entered by the court having jurisdiction of such cases;
2096     (c)  Have her or his fingerprints on file with the
2097department or with an agency designated by the department;
2098     (d)  Have good moral character as determined by the
2100     (e)  Be at least 18 years of age;
2101     (f)  Have satisfactorily completed the firesafety inspector
2102certification examination as prescribed by the department; and
2103     (g)1.  Have satisfactorily completed, as determined by the
2104department, a firesafety inspector training program of not less
2105than 200 hours established by the department and administered by
2106agencies and institutions approved by the department for the
2107purpose of providing basic certification training for firesafety
2108inspectors; or
2109     2.  Have received in another state training which is
2110determined by the department to be at least equivalent to that
2111required by the department for approved firesafety inspector
2112education and training programs in this state.
2113     (3)  Each special state firesafety inspection which is
2114required by law and is conducted by or on behalf of an agency of
2115the state must be performed by an individual who has met the
2116provision of subsection (2), except that the duration of the
2117training program shall not exceed 120 hours of specific training
2118for the type of property that such special state firesafety
2119inspectors are assigned to inspect.
2120     (4)  A firefighter certified pursuant to s. 633.35 may
2121conduct firesafety inspections, under the supervision of a
2122certified firesafety inspector, while on duty as a member of a
2123fire department company conducting inservice firesafety
2124inspections without being certified as a firesafety inspector,
2125if such firefighter has satisfactorily completed an inservice
2126fire department company inspector training program of at least
212724 hours' duration as provided by rule of the department.
2128     (5)  Every firesafety inspector or special state firesafety
2129inspector certificate is valid for a period of 3 years from the
2130date of issuance. Renewal of certification shall be subject to
2131the affected person's completing proper application for renewal
2132and meeting all of the requirements for renewal as established
2133under this chapter or by rule promulgated thereunder, which
2134shall include completion of at least 40 hours during the
2135preceding 3-year period of continuing education as required by
2136the rule of the department or, in lieu thereof, successful
2137passage of an examination as established by the department.
2138     (6)  The State Fire Marshal may deny, refuse to renew,
2139suspend, or revoke the certificate of a firesafety inspector or
2140special state firesafety inspector if it finds that any of the
2141following grounds exist:
2142     (a)  Any cause for which issuance of a certificate could
2143have been refused had it then existed and been known to the
2144State Fire Marshal.
2145     (b)  Violation of this chapter or any rule or order of the
2146State Fire Marshal.
2147     (c)  Falsification of records relating to the certificate.
2148     (d)  Having been found guilty of or having pleaded guilty
2149or nolo contendere to a felony, whether or not a judgment of
2150conviction has been entered.
2151     (e)  Failure to meet any of the renewal requirements.
2152     (f)  Having been convicted of a crime in any jurisdiction
2153which directly relates to the practice of fire code inspection,
2154plan review, or administration.
2155     (g)  Making or filing a report or record that the
2156certificateholder knows to be false, or knowingly inducing
2157another to file a false report or record, or knowingly failing
2158to file a report or record required by state or local law, or
2159knowingly impeding or obstructing such filing, or knowingly
2160inducing another person to impede or obstruct such filing.
2161     (h)  Failing to properly enforce applicable fire codes or
2162permit requirements within this state which the
2163certificateholder knows are applicable by committing willful
2164misconduct, gross negligence, gross misconduct, repeated
2165negligence, or negligence resulting in a significant danger to
2166life or property.
2167     (i)  Accepting labor, services, or materials at no charge
2168or at a noncompetitive rate from any person who performs work
2169that is under the enforcement authority of the certificateholder
2170and who is not an immediate family member of the
2171certificateholder. For the purpose of this paragraph, the term
2172"immediate family member" means a spouse, child, parent,
2173sibling, grandparent, aunt, uncle, or first cousin of the person
2174or the person's spouse or any person who resides in the primary
2175residence of the certificateholder.
2176     (7)  The Division of State Fire Marshal and the Florida
2177Building Code Administrators and Inspectors Board, established
2178pursuant to under s. 468.605, shall enter into a reciprocity
2179agreement to facilitate joint recognition of continuing
2180education recertification hours for certificateholders licensed
2181under s. 468.609 and firesafety inspectors certified under
2182subsection (2).
2183     (8)  The State Fire Marshal shall develop by rule an
2184advanced training and certification program for firesafety
2185inspectors having fire code management responsibilities. The
2186program must be consistent with the appropriate provisions of
2187NFPA 1037, or similar standards adopted by the division, and
2188establish minimum training, education, and experience levels for
2189firesafety inspectors having fire code management
2191     (9)(7)  The department shall provide by rule for the
2192certification of firesafety inspectors.
2193     Section 46.  Section 633.352, Florida Statutes, is amended
2194to read:
2195     633.352  Retention of firefighter certification.-Any
2196certified firefighter who has not been active as a firefighter,
2197or as a volunteer firefighter with an organized fire department,
2198for a period of 3 years shall be required to retake the
2199practical portion of the minimum standards state examination
2200specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
2201Administrative Code, in order to maintain her or his
2202certification as a firefighter; however, this requirement does
2203not apply to state-certified firefighters who are certified and
2204employed as full-time firesafety inspectors or firesafety
2205instructors, regardless of the firefighter's employment status
2206as determined by the division. The 3-year period begins on the
2207date the certificate of compliance is issued or upon termination
2208of service with an organized fire department.
2209     Section 47.  Paragraph (e) of subsection (2) and
2210subsections (3), (10), and (11) of section 633.521, Florida
2211Statutes, are amended to read:
2212     633.521  Certificate application and issuance; permit
2213issuance; examination and investigation of applicant.-
2214     (2)
2215     (e)  An applicant may not be examined more than four times
2216during 1 year for certification as a contractor pursuant to this
2217section unless the person is or has been certified and is taking
2218the examination to change classifications. If an applicant does
2219not pass one or more parts of the examination, she or he may
2220take any part of the examination three more times during the 1-
2221year period beginning upon the date she or he originally filed
2222an application to take the examination. If the applicant does
2223not pass the examination within that 1-year period, she or he
2224must file a new application and pay the application and
2225examination fees in order to take the examination or a part of
2226the examination again. However, the applicant may not file a new
2227application sooner than 6 months after the date of her or his
2228last examination. An applicant who passes the examination but
2229does not meet the remaining qualifications as provided in
2230applicable statutes and rules within 1 year after the
2231application date must file a new application, pay the
2232application and examination fee, successfully complete a
2233prescribed training course approved by the State Fire College or
2234an equivalent course approved by the State Fire Marshal, and
2235retake and pass the written examination.
2236     (3)(a)  As a prerequisite to taking the examination for
2237certification as a Contractor I, Contractor II, or Contractor
2238III, the applicant must be at least 18 years of age, be of good
2239moral character, and shall possess 4 years' proven experience in
2240the employment of a fire protection system Contractor I,
2241Contractor II, or Contractor III or a combination of equivalent
2242education and experience in both water-based and chemical fire
2243suppression systems.
2244     (b)  As a prerequisite to taking the examination for
2245certification as a Contractor II, the applicant must be at least
224618 years of age, be of good moral character, and have 4 years of
2247verifiable employment experience with a fire protection system
2248as a Contractor I or Contractor II, or a combination of
2249equivalent education and experience in water-based fire
2250suppression systems.
2251     (c)  Required education and experience for certification as
2252a Contractor I, Contractor II, Contractor III, or Contractor IV
2253includes training and experience in both installation and system
2254layout as defined in s. 633.021.
2255     (d)  As a prerequisite to taking the examination for
2256certification as a Contractor III, the applicant must be at
2257least 18 years of age, be of good moral character, and have 4
2258years of verifiable employment experience with a fire protection
2259system as a Contractor I or Contractor II, or a combination of
2260equivalent education and experience in chemical fire suppression
2262     (e)  As a prerequisite to taking the examination for
2263certification as a Contractor IV, the applicant must shall be at
2264least 18 years old, be of good moral character, be licensed as a
2265certified plumbing contractor under chapter 489, and
2266successfully complete a training program acceptable to the State
2267Fire Marshal of not less than 40 contact hours regarding the
2268applicable installation standard used by the Contractor IV as
2269described in NFPA 13D. The State Fire Marshal may adopt rules to
2270administer this subsection have at least 2 years' proven
2271experience in the employment of a fire protection system
2272Contractor I, Contractor II, Contractor III, or Contractor IV or
2273combination of equivalent education and experience which
2274combination need not include experience in the employment of a
2275fire protection system contractor.
2276     (f)  As a prerequisite to taking the examination for
2277certification as a Contractor V, the applicant must shall be at
2278least 18 years old, be of good moral character, and have been
2279licensed as a certified underground utility and excavation
2280contractor or certified plumbing contractor pursuant to chapter
2281489, have verification by an individual who is licensed as a
2282certified utility contractor or certified plumbing contractor
2283pursuant to chapter 489 that the applicant has 4 years' proven
2284experience in the employ of a certified underground utility and
2285excavation contractor or certified plumbing contractor, or have
2286a combination of education and experience equivalent to 4 years'
2287proven experience in the employ of a certified underground
2288utility and excavation contractor or certified plumbing
2290     (g)  Within 30 days after the date of the examination, the
2291State Fire Marshal shall inform the applicant in writing whether
2292she or he has qualified or not and, if the applicant has
2293qualified, that she or he is ready to issue a certificate of
2294competency, subject to compliance with the requirements of
2295subsection (4).
2296     (10)  Effective July 1, 2008, the State Fire Marshal shall
2297require the National Institute of Certification in Engineering
2298Technologies (NICET), Sub-field of Inspection and Testing of
2299Fire Protection Systems Level II or equivalent training and
2300education as determined by the division as proof that the
2301permitholders are knowledgeable about nationally accepted
2302standards for the inspection of fire protection systems. It is
2303the intent of this act, from July 1, 2005, until July 1, 2008,
2304to accept continuing education of all certificateholders'
2305employees who perform inspection functions which specifically
2306prepares the permitholder to qualify for NICET II certification.
2307     (11)  It is intended that a certificateholder, or a
2308permitholder who is employed by a certificateholder, conduct
2309inspections required by this chapter. It is understood that
2310after July 1, 2008, employee turnover may result in a depletion
2311of personnel who are certified under the NICET Sub-field of
2312Inspection and Testing of Fire Protection Systems Level II or
2313equivalent training and education as required by the Division of
2314State Fire Marshal which is required for permitholders. The
2315extensive training and experience necessary to achieve NICET
2316Level II certification is recognized. A certificateholder may
2317therefore obtain a provisional permit with an endorsement for
2318inspection, testing, and maintenance of water-based fire
2319extinguishing systems for an employee if the employee has
2320initiated procedures for obtaining Level II certification from
2321the National Institute for Certification in Engineering
2322Technologies Sub-field of Inspection and Testing of Fire
2323Protection Systems and achieved Level I certification or an
2324equivalent level as determined by the State Fire Marshal through
2325verification of experience, training, and examination. The State
2326Fire Marshal may establish rules to administer this subsection.
2327After 2 years of provisional certification, the employee must
2328have achieved NICET Level II certification or obtain equivalent
2329training and education as determined by the division, or cease
2330performing inspections requiring Level II certification. The
2331provisional permit is valid only for the 2 calendar years after
2332the date of issuance, may not be extended, and is not renewable.
2333After the initial 2-year provisional permit expires, the
2334certificateholder must wait 2 additional years before a new
2335provisional permit may be issued. The intent is to prohibit the
2336certificateholder from using employees who never reach NICET
2337Level II status, or equivalent training and education as
2338determined by the division, by continuously obtaining
2339provisional permits.
2340     Section 48.  Subsection (3) is added to section 633.524,
2341Florida Statutes, to read:
2342     633.524  Certificate and permit fees; use and deposit of
2343collected funds.-
2344     (3)  The State Fire Marshal may enter into a contract with
2345any qualified public entity or private company in accordance
2346with chapter 287 to provide examinations for any applicant for
2347any examination administered under the jurisdiction of the State
2348Fire Marshal. The State Fire Marshal may direct payments from
2349each applicant for each examination directly to such contracted
2350entity or company.
2351     Section 49.  Subsection (4) of section 633.537, Florida
2352Statutes, is amended to read:
2353     633.537  Certificate; expiration; renewal; inactive
2354certificate; continuing education.-
2355     (4)  The renewal period for the permit class is the same as
2356that for the employing certificateholder. The continuing
2357education requirements for permitholders are what is required to
2358maintain NICET Sub-field of Inspection and Testing of Fire
2359Protection Systems Level II, equivalent training and education
2360as determined by the division, or higher certification plus 8
2361contact hours of continuing education approved by the State Fire
2362Marshal during each biennial renewal period thereafter. The
2363continuing education curriculum from July 1, 2005, until July 1,
23642008, shall be the preparatory curriculum for NICET II
2365certification; after July 1, 2008, the technical curriculum is
2366at the discretion of the State Fire Marshal and may be used to
2367meet the maintenance of NICET Level II certification and 8
2368contact hours of continuing education requirements. It is the
2369responsibility of the permitholder to maintain NICET II
2370certification or equivalent training and education as determined
2371by the division as a condition of permit renewal after July 1,
2373     Section 50.  Subsection (4) of section 633.72, Florida
2374Statutes, is amended to read:
2375     633.72  Florida Fire Code Advisory Council.-
2376     (4)  Each appointee shall serve a 4-year term. No member
2377shall serve more than two consecutive terms one term. No member
2378of the council shall be paid a salary as such member, but each
2379shall receive travel and expense reimbursement as provided in s.
2381     Section 51.  Subsection (6) of section 718.113, Florida
2382Statutes, is repealed.
2383     Section 52.  The Florida Building Commission shall revise
2384the Florida Building Code in order to make it consistent with
2385the revisions made by this act to s. 399.02, Florida Statutes.
2386     Section 53.  This act shall take effect July 1, 2010.

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

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