July 20, 2019
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CS/CS/CS/HB 663

1
A bill to be entitled
2An act relating to building safety; amending s. 196.031,
3F.S.; specifying an additional condition that constitutes
4an abandonment of homestead property for homestead
5exemption purposes; amending s. 399.02, F.S.; authorizing
6the Division of Hotels and Restaurants of the Department
7of Business and Professional Regulation to have access to
8places in which a conveyance and equipment are located;
9authorizing the division to grant variances from certain
10rules for undue hardship; prohibiting the enforcement of
11Phase II Firefighters' Service on certain elevators for a
12specified period; amending s. 399.15, F.S.; providing an
13alternative method to allow access to regional emergency
14elevators; providing for a uniform lock box; providing for
15a master key; providing the Division of State Fire Marshal
16with enforcement authority; directing the Department of
17Financial Services to select the provider of the uniform
18lock box; creating s. 455.2122, F.S.; authorizing distance
19learning courses as an alternative to classroom
20instruction for certain licenses; prohibiting the
21department or regulatory board from requiring centralized
22licensing examinations for certain licenses; creating s.
23455.2123, F.S.; authorizing distance learning courses as
24an alternative to classroom instruction for certain
25licenses; prohibiting the department or a regulatory board
26from requiring centralized licensing examinations for
27certain licenses; amending s. 468.631, F.S.; revising the
28amount of a surcharge and imposing the surcharge on
29certain building permits; requiring the unit of government
30collecting the surcharge to electronically remit the funds
31to the Department of Business and Professional Regulation;
32requiring the unit of government collecting the surcharge
33to retain a portion of the funds to fund certain
34activities of building departments; requiring that the
35remaining funds from the surcharge be used to fund the
36Florida Homeowners' Construction Recovery Fund and the
37Florida Building Code Administrators and Inspectors Board;
38amending s. 468.83, F.S.; providing for the creation of
39the home inspection services licensing program within the
40Department of Business and Professional Regulation;
41amending s. 468.8311, F.S.; revising the term "home
42inspection services"; amending s. 468.8312, F.S.; deleting
43a fee provision for certain certificates of authorization;
44amending s. 468.8313, F.S.; revising examination
45requirements for licensure as a home inspector; providing
46fingerprinting requirements and procedures for license
47applications; providing that the applicant is responsible
48for certain costs; amending s. 468.8318, F.S.; revising
49requirements and procedures for certification of
50corporations and partnerships offering home inspection
51services to the public; deleting provisions relating to
52required certificates of authorization; amending s.
53468.8319, F.S.; delaying the enforcement of a prohibition
54against performing certain activities by a person who is
55not licensed as a home inspector; revising certain
56prohibitions with respect to providers of home inspection
57services; amending s. 468.832, F.S.; providing an
58additional ground for taking certain disciplinary actions;
59amending s. 468.8324, F.S.; specifying additional
60requirements for licensure as a home inspector; creating
61s. 468.8325, F.S.; requiring the department to adopt rules
62to administer part XV of ch. 468, F.S., relating to home
63inspectors; amending s. 468.84, F.S.; providing for the
64creation of the mold-related services licensing program
65within the Department of Business and Professional
66Regulation; amending s. 468.8412, F.S.; deleting a fee
67provision for certain biennial certificates of
68authorization renewal; amending s. 468.8413, F.S.;
69revising examination requirements and procedures for
70licensure as a mold assessor or mold remediator; providing
71fingerprinting requirements and procedures for license
72applications; providing that the applicant is responsible
73for certain costs; amending s. 468.8414, F.S.; specifying
74an additional applicant qualification criterion for
75licensure by endorsement; amending s. 468.8418, F.S.;
76revising requirements and procedures for certification of
77corporations and partnerships offering mold assessment or
78mold remediation services to the public; deleting
79provisions relating to required certificates of
80authorization; amending s. 468.8419, F.S.; delaying the
81enforcement of a prohibition against performing certain
82activities by a person who is not licensed as a mold
83assessor; amending s. 468.842, F.S.; providing an
84additional ground for taking certain disciplinary actions;
85amending s. 468.8421, F.S.; specifying an insurance
86coverage requirement for mold assessors; amending s.
87468.8423, F.S.; specifying additional requirements for
88licensure as a mold assessor or mold remediator; creating
89s. 468.8424, F.S.; requiring the Department of Business
90and Professional Regulation to adopt rules to administer
91part XVI of ch. 468, F.S., relating to mold-related
92services; amending s. 489.103, F.S.; conforming a cross-
93reference; amending s. 553.37, F.S.; authorizing
94manufacturers to pay inspection fees directly to the
95provider of inspection services; providing requirements
96for rules of the Department of Business and Professional
97Regulation regarding the schedule of fees; authorizing the
98department to enter into contracts for the performance of
99certain administrative duties; revising inspection
100requirements for certain custom manufactured buildings;
101amending s. 553.375, F.S.; revising the requirement for
102recertification of manufactured buildings prior to
103relocation; amending s. 553.509, F.S.; deleting certain
104requirements for alternate power sources for elevators for
105purposes of operating during an emergency; amending s.
106553.512, F.S.; requiring the Florida Building Commission
107to establish by rule a fee for certain waiver requests;
108amending s. 553.721, F.S.; revising the amount of a
109surcharge and imposing the surcharge on certain building
110permits; requiring the unit of government collecting the
111surcharge to electronically remit the funds to the
112Department of Community Affairs; requiring the unit of
113government collecting the surcharge to retain a portion of
114the funds to fund certain activities of building
115departments; requiring the remaining funds from the
116surcharge to be used to fund the Florida Building
117Commission and the Department of Community Affairs;
118amending s. 553.73, F.S.; conforming cross-references;
119authorizing counties and municipalities to adopt by
120ordinance administrative or technical amendments to the
121Florida Building Code for certain flood-related purposes;
122specifying requirements and procedures; revising
123foundation code adoption requirements; authorizing the
124Florida Building Commission to approve amendments relating
125to equivalency of standards; exempting certain mausoleums
126from the requirements of the Florida Building Code;
127exempting certain temporary housing provided by the
128Department of Corrections from the requirements of the
129Florida Building Code; restricting the code, code
130enforcement agencies, and local governments from imposing
131requirements on certain mechanical equipment on roofs;
132amending s. 553.74, F.S.; specifying absence of
133impermissible conflicts of interest for certain committee
134or workgroup members while representing clients under
135certain circumstances; specifying certain prohibited
136activities for such members; amending s. 553.76, F.S.;
137authorizing the Florida Building Commission to adopt rules
138related to consensus-building decisionmaking; amending s.
139553.775, F.S.; conforming a cross-reference; authorizing
140the commission to charge a fee for filing certain requests
141and for nonbinding interpretations; limiting fees for
142nonbinding interpretations; amending s. 553.79, F.S.;
143requiring certain inspection services to be performed
144under the alternative plans review and inspection process
145or by a local governmental entity; reenacting s.
146553.80(1), F.S., relating to the enforcement of the
147Florida Building Code, to incorporate the amendments made
148to s. 553.79, F.S., in a reference thereto; amending s.
149553.80, F.S.; specifying nonapplicability of certain
150exemptions from the Florida Building Code granted by
151certain enforcement entities under certain circumstances;
152revising requirements for review of facility plans and
153construction surveyed for certain hospitals and health
154care facilities; amending s. 553.841, F.S.; deleting
155provisions requiring that the Department of Community
156Affairs maintain, update, develop, or cause to be
157developed a core curriculum for persons who enforce the
158Florida Building Code; amending s. 553.842, F.S.;
159authorizing rules requiring the payment of product
160evaluation fees directly to the administrator of the
161product evaluation and approval system; specifying the use
162of such fees; authorizing the Florida Building Commission
163to provide by rule for editorial revisions to certain
164approvals and charge certain fees; providing requirements
165for the approval of applications for state approval of a
166product; providing for certain approved products to be
167immediately added to the list of state-approved products;
168requiring that the commission's oversight committee review
169approved products; revising the list of approved
170evaluation entities; deleting obsolete provisions
171governing evaluation entities; amending s. 553.844, F.S.;
172providing an exemption from the requirements regarding
173roof and opening protections for certain exposed
174mechanical equipment or appliances; providing for future
175expiration; amending s. 553.885, F.S.; revising
176requirements for carbon monoxide alarms; providing an
177exception for buildings undergoing alterations or repairs;
178defining the term "addition" as it relates to the
179requirement of a carbon monoxide alarm; amending s.
180553.9061, F.S.; revising the energy-efficiency performance
181options and elements identified by the commission for
182purposes of meeting certain goals; amending s. 553.909,
183F.S.; revising a compliance criterion for certain swimming
184pool pumps or water heaters; revising requirements for
185residential swimming pool pumps and pump motors; amending
186s. 553.912, F.S.; providing requirements for replacement
187air-conditioning systems; amending s. 627.711, F.S.;
188conforming provisions to changes made by the act in which
189core curriculum courses relating to the Florida Building
190Code are deleted; revising the list of persons qualified
191to sign certain mitigation verification forms for certain
192purposes; amending s. 633.021, F.S.; providing additional
193definitions for fire equipment dealers; revising the
194definition of the term "preengineered systems"; amending
195s. 633.0215, F.S.; providing guidelines for the State Fire
196Marshal to apply when issuing an expedited declaratory
197statement; requiring that the State Fire Marshal issue an
198expedited declaratory statement under certain
199circumstances; providing requirements for a petition
200requesting an expedited declaratory statement; exempting
201certain condominiums from installing manual fire alarm
202systems; amending s. 633.0245, F.S.; conforming cross-
203references; amending s. 633.025, F.S.; exempting single-
204family dwelling units from fire sprinkler requirements;
205amending s. 633.026, F.S.; providing legislative intent;
206revising authority of the State Fire Marshal to contract
207with and refer interpretive issues to certain entities;
208providing for the establishment of the Fire Code
209Interpretation Committee; providing for the membership of
210the committee and requirements for membership; requiring
211that nonbinding interpretations of the Florida Fire
212Prevention Code be issued within a specified period after
213a request is received; providing for the waiver of such
214requirement under certain conditions; requiring that the
215Division of State Fire Marshal charge a fee for nonbinding
216interpretations; providing that fees may be paid directly
217to a contract provider; providing requirements for
218requesting a nonbinding interpretation; requiring that the
219Division of State Fire Marshal develop a form for
220submitting a petition for a nonbinding interpretation;
221providing for a formal interpretation by the State Fire
222Marshal; requiring that an interpretation of the Florida
223Fire Prevention Code be published on the division's
224website and in the Florida Administrative Weekly; amending
225s. 626.061, F.S.; authorizing certain fire equipment
226dealer licensees to maintain inactive license status under
227certain circumstances; providing requirements; providing
228for a renewal fee; revising certain continuing education
229requirements; revising an applicant licensure
230qualification requirement; amending s. 633.081, F.S.;
231requiring that the State Fire Marshal inspect a building
232when the State Fire Marshal, rather than the Department of
233Financial Services, has cause to believe a violation has
234occurred; providing exceptions for requirements that
235certain firesafety inspections be conducted by firesafety
236inspectors; requiring that the Division of State Fire
237Marshal and the Florida Building Code Administrators and
238Inspectors Board enter into a reciprocity agreement for
239purposes of recertifying building code inspectors, plan
240inspectors, building code administrators, and firesafety
241inspectors; requiring that the State Fire Marshal develop
242by rule an advanced training and certification program for
243firesafety inspectors who have fire code management
244responsibilities; requiring that the program be consistent
245with certain standards and establish minimum training,
246education, and experience levels for such firesafety
247inspectors; amending s. 633.082, F.S.; authorizing
248alternative inspection procedures for certain fire
249hydrants; requiring periodic testing or operation of
250certain equipment; providing that nonmandated sprinkler
251systems may not be required to be removed; amending s.
252633.352, F.S.; providing an exception to requirements for
253recertification as a firefighter; amending s. 633.521,
254F.S.; revising requirements for certification as a fire
255protection system contractor; revising the prerequisites
256for taking the certification examination; authorizing the
257State Fire Marshal to accept more than one source of
258professional certification; revising legislative intent;
259amending s. 633.524, F.S.; authorizing the State Fire
260Marshal to enter into contracts for examination services;
261providing for the direct payment of examination fees to
262contract providers; amending s. 633.537, F.S.; revising
263the continuing education requirements for certain
264permitholders; amending 633.72, F.S.; revising the terms
265of service for members of the Fire Code Advisory Council;
266repealing s. 718.113(6), F.S., relating to requirements
267for 5-year inspections of certain condominium
268improvements; directing the Florida Building Commission to
269conform provisions of the Florida Building Code with
270revisions made by the act relating to the operation of
271elevators; providing an effective date.
272
273Be It Enacted by the Legislature of the State of Florida:
274
275     Section 1.  Subsection (6) of section 196.031, Florida
276Statutes, is amended to read:
277     196.031  Exemption of homesteads.-
278     (6)  When homestead property is damaged or destroyed by
279misfortune or calamity and the property is uninhabitable on
280January 1 after the damage or destruction occurs, the homestead
281exemption may be granted if the property is otherwise qualified
282and if the property owner notifies the property appraiser that
283he or she intends to repair or rebuild the property and live in
284the property as his or her primary residence after the property
285is repaired or rebuilt and does not claim a homestead exemption
286on any other property or otherwise violate this section. Failure
287by the property owner to commence the repair or rebuilding of
288the homestead property within 3 years after January 1 following
289the property's damage or destruction constitutes abandonment of
290the property as a homestead. After the 3-year period, the
291expiration, lapse, nonrenewal, or revocation of a building
292permit issued to the property owner for such repairs or
293rebuilding also constitutes abandonment of the property as
294homestead.
295     Section 2.  Subsection (6) of section 399.02, Florida
296Statutes, is amended, and subsections (8) and (9) are added to
297that section, to read:
298     399.02  General requirements.-
299     (6)(a)  The department is empowered to carry out all of the
300provisions of this chapter relating to the inspection and
301regulation of elevators and to enforce the provisions of the
302Florida Building Code.
303     (b)  In order to perform its duties and responsibilities
304under this section, the division may enter and have reasonable
305access to all buildings and rooms or spaces in which an existing
306or newly installed conveyance and equipment are located.
307     (8)  The division may grant variances for undue hardship
308pursuant to s. 120.542 and the rules adopted under this section.
309Such rules must include a process for requests for variances.
310The division may not grant a request for a variance unless it
311finds that the variance will not adversely affect the safety of
312the public.
313     (9)  Updates to the Safety Code for Existing Elevators and
314Escalators, ASME A17.1 and A17.3, which require Phase II
315Firefighters' Service on elevators may not be enforced until
316July 1, 2015, or until the elevator is replaced or requires
317major modification, whichever occurs first, on elevators in
318condominiums or multifamily residential buildings, including
319those that are part of a continuing care facility licensed under
320chapter 651, or similar retirement community with apartments,
321having a certificate of occupancy by the local building
322authority that was issued before July 1, 2008. This exception
323does not prevent an elevator owner from requesting a variance
324from the applicable codes before or after July 1, 2015. This
325subsection does not prohibit the division from granting
326variances pursuant to s. 120.542 and subsection (8). The
327division shall adopt rules to administer this subsection.
328     Section 3.  Present subsection (7) of section 399.15,
329Florida Statutes, is renumbered as subsection (8), and a new
330subsection (7) is added to that section to read:
331     399.15  Regional emergency elevator access.-
332     (7)  As an alternative to complying with the requirements
333of subsection (1), each building in this state which is required
334to meet the provisions of subsections (1) and (2) may instead
335provide for the installation of a uniform lock box that contains
336the keys to all elevators in the building allowing public
337access, including service and freight elevators. The uniform
338lock box must be keyed to allow all uniform lock boxes in each
339of the seven state emergency response regions to operate in fire
340emergency situations using one master key. The master key for
341the uniform lock shall be issued only to the fire department.
342The Division of State Fire Marshal of the Department of
343Financial Services shall enforce this subsection. The Department
344of Financial Services shall select the provider of the uniform
345lock box to be installed in each building in which the
346requirements of this subsection are implemented.
347     Section 4.  Section 455.2122, Florida Statutes, is created
348to read:
349     455.2122  Education.-A board, or the department where there
350is no board, shall approve distance learning courses as an
351alternative to classroom courses to satisfy prelicensure or
352postlicensure education requirements provided for in part VIII
353of chapter 468 or part I of chapter 475. A board, or the
354department when there is no board, may not require centralized
355examinations for completion of prelicensure or postlicensure
356education requirements for those professions licensed under part
357VIII of chapter 468 or part I of chapter 475.
358     Section 5.  Section 455.2123, Florida Statutes, is amended
359to read:
360     455.2123  Continuing education.-A board, or the department
361when there is no board, may provide by rule that distance
362learning may be used to satisfy continuing education
363requirements. A board, or the department when there is no board,
364shall approve distance learning courses as an alternative to
365classroom courses to satisfy continuing education requirements
366provided for in part VIII, part XV, or part XVI of chapter 468
367or part I or part II of chapter 475 and may not require
368centralized examinations for completion of continuing education
369requirements for the professions licensed under part VIII, part
370XV, or part XVI of chapter 468 or part I or part II of chapter
371475.
372     Section 6.  Subsection (1) of section 468.631, Florida
373Statutes, is amended to read:
374     468.631  Building Code Administrators and Inspectors Fund.-
375     (1)  This part shall be funded through a surcharge, to be
376assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
3771.5 percent of the permit fees associated with enforcement of
378the Florida Building Code on any permits issued for one-half
379cent per square foot of under-roof floor space permitted,
380including new construction, repairs, renovations, alterations,
381and additions. This includes permits issued for electrical, gas,
382mechanical, plumbing, and roofing work. The minimum amount
383collected on any permit issued shall be $2. The unit of
384government responsible for collecting permit fees pursuant to s.
385125.56(4) or s. 166.201 shall collect such surcharge and shall
386electronically remit the funds to the department on a quarterly
387calendar basis beginning not later than December 31, 1993, for
388the preceding quarter, and continuing each third month
389thereafter; and such unit of government shall may retain an
390amount up to 10 percent of the surcharge collected to fund the
391participation of building departments in the national and state
392building code promulgation processes and to provide education
393related to enforcement of the Florida Building Code projects and
394activities intended to improve the quality of building code
395enforcement. There is created within the Professional Regulation
396Trust Fund a separate account to be known as the Building Code
397Administrators and Inspectors Fund, which shall deposit and
398disburse funds as necessary for the implementation of this part.
399The proceeds from this surcharge shall be allocated equally to
400fund the Florida Homeowners' Construction Recovery Fund
401established by s. 489.140 and the functions of the board. The
402department shall annually establish the amount needed to fund
403the certification and regulation of building code
404administrators, plans examiners, and building code inspectors.
405Any funds collected in excess of the amount needed to adequately
406fund the certification and regulation of building code
407administrators, plans examiners, and building code inspectors
408shall be deposited into the Florida Homeowners' Construction
409Recovery Fund established by s. 489.140. If the Florida
410Homeowners' Construction Recovery Fund is fully funded as
411provided by s. 489.140, any remaining funds shall be distributed
412to the Construction Industry Licensing Board for use in the
413regulation of certified and registered contractors.
414     Section 7.  Section 468.83, Florida Statutes, is amended to
415read:
416     468.83  Home inspection services licensing program;
417purpose.-
418     (1)  There is created within the department the home
419inspection services licensing program.
420     (2)  The Legislature recognizes that there is a need to
421require the licensing of home inspectors and to ensure that
422consumers of home inspection services can rely on the competence
423of home inspectors, as determined by educational and experience
424requirements and testing. Therefore, the Legislature deems it
425necessary in the interest of the public welfare to regulate home
426inspectors in this state.
427     Section 8.  Subsection (4) of section 468.8311, Florida
428Statutes, is amended to read:
429     468.8311  Definitions.-As used in this part, the term:
430     (4)  "Home inspection services" means a limited visual
431examination of one or more of the following readily accessible
432installed systems and components of a home: the structure,
433electrical system, HVAC system, roof covering, plumbing system,
434interior components, exterior components, and site conditions
435that affect the structure, for the purposes of providing a
436written professional opinion of the condition of the home.
437     Section 9.  Subsections (4) through (8) of section
438468.8312, Florida Statutes, are amended to read:
439     468.8312  Fees.-
440     (4)  The fee for a certificate of authorization shall not
441exceed $125.
442     (4)(5)  The biennial renewal fee shall not exceed $200.
443     (5)(6)  The fee for licensure by endorsement shall not
444exceed $200.
445     (6)(7)  The fee for application for inactive status or for
446reactivation of an inactive license shall not exceed $200.
447     (7)(8)  The fee for applications from providers of
448continuing education may not exceed $500.
449     Section 10.  Subsections (1) and (2) of section 468.8313,
450Florida Statutes, are amended, present subsection (6) of that
451section is renumbered as subsection (7) and amended, and a new
452subsection (6) is added to that section, to read:
453     468.8313  Examinations.-
454     (1)  A person desiring to be licensed as a home inspector
455must shall apply to the department after he or she satisfies the
456examination requirements of this part to take a licensure
457examination.
458     (2)  An applicant may shall be entitled to take the
459licensure examination for the purpose of determining whether he
460or she is qualified to practice in this state as a home
461inspector if he or she passes the required examination, the
462applicant is of good moral character, and completes has
463completed a course of study of at least no less than 120 hours
464that covers all of the following components of a home:
465structure, electrical system, HVAC system, roof covering,
466plumbing system, interior components, exterior components, and
467site conditions that affect the structure.
468     (6)  An applicant for a license shall submit, together with
469the application, a complete set of electronic fingerprints to
470the department. The department shall submit the fingerprints to
471the Department of Law Enforcement for state processing, and the
472Department of Law Enforcement shall forward them to the Federal
473Bureau of Investigation for national processing, to determine
474whether the applicant has a criminal history record. The
475department shall review the background results to determine if
476an applicant meets licensure requirements. The applicant is
477responsible for the cost associated with processing the
478fingerprints. The authorized agencies or vendors shall collect
479such fees and pay for the processing costs due to the Department
480of Law Enforcement.
481     (7)(6)  The department may adopt rules pursuant to ss.
482120.536(1) and 120.54 to implement the provisions of this
483section.
484     Section 11.  Section 468.8318, Florida Statutes, is amended
485to read:
486     468.8318  Certification of corporations and partnerships.-
487     (1)  The department shall issue a certificate of
488authorization to a corporation or partnership offering home
489inspection services to the public if the corporation or
490partnership satisfies all of the requirements of this part.
491     (2)  The practice of or the offer to practice home
492inspection services by licensees through a corporation or
493partnership offering home inspection services to the public, or
494by a corporation or partnership offering such services to the
495public through licensees under this part as agents, employees,
496officers, or partners, is permitted subject to the provisions of
497this part, provided that all personnel of the corporation or
498partnership who act in its behalf as home inspectors in this
499state are licensed as provided by this part; and further
500provided that the corporation or partnership has been issued a
501certificate of authorization by the department as provided in
502this section. Nothing in this section shall be construed to
503allow a corporation to hold a license to practice home
504inspection services. No corporation or partnership shall be
505relieved of responsibility for the conduct or acts of its
506agents, employees, or officers by reason of its compliance with
507this section, nor shall any individual practicing home
508inspection services be relieved of responsibility for
509professional services performed by reason of his or her
510employment or relationship with a corporation or partnership.
511     (3)  For the purposes of this section, a certificate of
512authorization shall be required for a corporation, partnership,
513association, or person practicing under a fictitious name and
514offering home inspection services to the public; however, when
515an individual is practicing home inspection services in his or
516her own given name, he or she shall not be required to register
517under this section.
518     (4)  Each certificate of authorization shall be renewed
519every 2 years. Each partnership and corporation certified under
520this section shall notify the department within 1 month of any
521change in the information contained in the application upon
522which the certification is based.
523     (5)  Disciplinary action against a corporation or
524partnership shall be administered in the same manner and on the
525same grounds as disciplinary action against a licensed home
526inspector.
527     Section 12.  Section 468.8319, Florida Statutes, is amended
528to read:
529     468.8319  Prohibitions; penalties.-
530     (1)  A person home inspector, a company that employs a home
531inspector, or a company that is controlled by a company that
532also has a financial interest in a company employing a home
533inspector may not:
534     (a)  Effective July 1, 2011, practice or offer to practice
535home inspection services unless the person has complied with the
536provisions of this part;
537     (b)  Effective July 1, 2011, use the name or title
538"certified home inspector," "registered home inspector,"
539"licensed home inspector," "home inspector," "professional home
540inspector," or any combination thereof unless the person has
541complied with the provisions of this part;
542     (c)  Present as his or her own the license of another;
543     (d)  Knowingly give false or forged evidence to the
544department or an employee thereof;
545     (e)  Use or attempt to use a license that has been
546suspended or revoked;
547     (f)  Perform or offer to perform, prior to closing, for any
548additional fee, any repairs to a home on which the inspector or
549the inspector's company has prepared a home inspection report.
550This paragraph does not apply to a home warranty company that is
551affiliated with or retains a home inspector to perform repairs
552pursuant to a claim made under a home warranty contract;
553     (g)  Inspect for a fee any property in which the inspector
554or the inspector's company has any financial or transfer
555interest;
556     (h)  Offer or deliver any compensation, inducement, or
557reward to any broker or agent therefor for the referral of the
558owner of the inspected property to the inspector or the
559inspection company; or
560     (i)  Accept an engagement to make an omission or prepare a
561report in which the inspection itself, or the fee payable for
562the inspection, is contingent upon either the conclusions in the
563report, preestablished findings, or the close of escrow.
564     (2)  Any person who is found to be in violation of any
565provision of this section commits a misdemeanor of the first
566degree, punishable as provided in s. 775.082 or s. 775.083.
567     (3)  This section does not apply to unlicensed activity as
568described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
569which occurs before July 1, 2011.
570     Section 13.  Subsection (1) of section 468.832, Florida
571Statutes, is amended to read:
572     468.832  Disciplinary proceedings.-
573     (1)  The following acts constitute grounds for which the
574disciplinary actions in subsection (2) may be taken:
575     (a)  Violation of any provision of this part or s.
576455.227(1).;
577     (b)  Attempting to procure a license to practice home
578inspection services by bribery or fraudulent misrepresentation.;
579     (c)  Having a license to practice home inspection services
580revoked, suspended, or otherwise acted against, including the
581denial of licensure, by the licensing authority of another
582state, territory, or country.;
583     (d)  Being convicted or found guilty of, or entering a plea
584of nolo contendere to, regardless of adjudication, a crime in
585any jurisdiction that directly relates to the practice of home
586inspection services or the ability to practice home inspection
587services.;
588     (e)  Making or filing a report or record that the licensee
589knows to be false, willfully failing to file a report or record
590required by state or federal law, willfully impeding or
591obstructing such filing, or inducing another person to impede or
592obstruct such filing. Such reports or records shall include only
593those that are signed in the capacity of a licensed home
594inspector.;
595     (f)  Advertising goods or services in a manner that is
596fraudulent, false, deceptive, or misleading in form or content.;
597     (g)  Engaging in fraud or deceit, or negligence,
598incompetency, or misconduct, in the practice of home inspection
599services.;
600     (h)  Failing to perform any statutory or legal obligation
601placed upon a licensed home inspector; violating any provision
602of this chapter, a rule of the department, or a lawful order of
603the department previously entered in a disciplinary hearing; or
604failing to comply with a lawfully issued subpoena of the
605department.; or
606     (i)  Practicing on a revoked, suspended, inactive, or
607delinquent license.
608     (j)  Failing to meet any standard of practice adopted by
609rule of the department.
610     Section 14.  Section 468.8324, Florida Statutes, is amended
611to read:
612     468.8324  Grandfather clause.-
613     (1)  A person who performs home inspection services as
614defined in this part may qualify for licensure to be licensed by
615the department as a home inspector if the person submits an
616application to the department postmarked on or before March 1,
6172011, which shows that the applicant: meets the licensure
618requirements of this part by July 1, 2010.
619     (a)  Is certified as a home inspector by a state or
620national association that requires, for such certification,
621successful completion of a proctored examination on home
622inspection services and completes at least 14 hours of
623verifiable education on such services; or
624     (b)  Has at least 3 years of experience as a home inspector
625at the time of application and has completed 14 hours of
626verifiable education on home inspection services. To establish
627the 3 years of experience, an applicant must submit at least 120
628home inspection reports prepared by the applicant.
629     (2)  The department may investigate the validity of a home
630inspection report submitted under paragraph (1)(b) and, if the
631applicant submits a false report, may take disciplinary action
632against the applicant under s. 468.832(1)(e) or (g).
633     (3)  An applicant may not qualify for licensure under this
634section if he or she has had a home inspector license or a
635license in any related field revoked at any time or suspended
636within the previous 5 years or has been assessed a fine that
637exceeds $500 within the previous 5 years. For purposes of this
638subsection, a license in a related field includes, but is not
639limited to, licensure in real estate, construction, mold-related
640services, or building code administration or inspection.
641     (4)  An applicant for licensure under this section must
642comply with the criminal history, good moral character, and
643insurance requirements of this part.
644     Section 15.  Section 468.8325, Florida Statutes, is created
645to read:
646     468.8325  Rulemaking authority.-The department shall adopt
647rules to administer this part.
648     Section 16.  Section 468.84, Florida Statutes, is amended
649to read:
650     468.84  Mold-related services licensing program;
651legislative purpose.-
652     (1)  There is created within the department the mold-
653related services licensing program.
654     (2)  The Legislature finds it necessary in the interest of
655the public safety and welfare, to prevent damage to real and
656personal property, to avert economic injury to the residents of
657this state, and to regulate persons and companies that hold
658themselves out to the public as qualified to perform mold-
659related services.
660     Section 17.  Subsections (6) through (10) of section
661468.8412, Florida Statutes, are amended to read:
662     468.8412  Fees.-
663     (6)  The fee for a biennial certificate of authorization
664renewal shall not exceed $400.
665     (6)(7)  The fee for licensure by endorsement shall not
666exceed $200.
667     (7)(8)  The fee for application for inactive status shall
668not exceed $100.
669     (8)(9)  The fee for reactivation of an inactive license
670shall not exceed $200.
671     (9)(10)  The fee for applications from providers of
672continuing education may not exceed $500.
673     Section 18.  Subsections (1) and (2) of section 468.8413,
674Florida Statutes, are amended, and subsection (6) is added to
675that section, to read:
676     468.8413  Examinations.-
677     (1)  A person desiring to be licensed as a mold assessor or
678mold remediator must shall apply to the department after
679satisfying the examination requirements of this part to take a
680licensure examination.
681     (2)  An applicant may shall be entitled to take the
682licensure examination to practice in this state as a mold
683assessor or mold remediator if he or she passes the required
684examination, the applicant is of good moral character, and
685completes has satisfied one of the following requirements:
686     (a)1.  For a mold remediator, at least a 2-year associate
687of arts degree, or the equivalent, with at least 30 semester
688hours in microbiology, engineering, architecture, industrial
689hygiene, occupational safety, or a related field of science from
690an accredited institution and a minimum of 1 year of documented
691field experience in a field related to mold remediation; or
692     2.  A high school diploma or the equivalent with a minimum
693of 4 years of documented field experience in a field related to
694mold remediation.
695     (b)1.  For a mold assessor, at least a 2-year associate of
696arts degree, or the equivalent, with at least 30 semester hours
697in microbiology, engineering, architecture, industrial hygiene,
698occupational safety, or a related field of science from an
699accredited institution and a minimum of 1 year of documented
700field experience in conducting microbial sampling or
701investigations; or
702     2.  A high school diploma or the equivalent with a minimum
703of 4 years of documented field experience in conducting
704microbial sampling or investigations.
705     (6)  An applicant for a license shall submit, together with
706the application, a complete set of electronic fingerprints to
707the department. The department shall submit the fingerprints to
708the Department of Law Enforcement for state processing, and the
709Department of Law Enforcement shall forward them to the Federal
710Bureau of Investigation for national processing, to determine
711whether the applicant has a criminal history record. The
712department shall review the background results to determine if
713an applicant meets licensure requirements. The applicant is
714responsible for the cost associated with processing the
715fingerprints. The authorized agencies or vendors shall collect
716such fees and pay for the processing costs due to the Department
717of Law Enforcement.
718     Section 19.  Subsection (3) of section 468.8414, Florida
719Statutes, is amended to read:
720     468.8414  Licensure.-
721     (3)  The department shall certify as qualified for a
722license by endorsement an applicant who is of good moral
723character, who has the insurance coverage required under s.
724468.8421, and who:
725     (a)  Is qualified to take the examination as set forth in
726s. 468.8413 and has passed a certification examination offered
727by a nationally recognized organization that certifies persons
728in the specialty of mold assessment or mold remediation that has
729been approved by the department as substantially equivalent to
730the requirements of this part and s. 455.217; or
731     (b)  Holds a valid license to practice mold assessment or
732mold remediation issued by another state or territory of the
733United States if the criteria for issuance of the license were
734substantially the same as the licensure criteria that is
735established by this part as determined by the department.
736     Section 20.  Section 468.8418, Florida Statutes, is amended
737to read:
738     468.8418  Certification of partnerships and corporations.-
739     (1)  The department shall issue a certificate of
740authorization to a corporation or partnership offering mold
741assessment or mold remediation services to the public if the
742corporation or partnership satisfies all of the requirements of
743this part.
744     (2)  The practice of or the offer to practice mold
745assessment or mold remediation by licensees through a
746corporation or partnership offering mold assessment or mold
747remediation to the public, or by a corporation or partnership
748offering such services to the public through licensees under
749this part as agents, employees, officers, or partners, is
750permitted subject to the provisions of this part, provided that
751the corporation or partnership has been issued a certificate of
752authorization by the department as provided in this section.
753Nothing in this section shall be construed to allow a
754corporation to hold a license to practice mold assessment or
755mold remediation. No corporation or partnership shall be
756relieved of responsibility for the conduct or acts of its
757agents, employees, or officers by reason of its compliance with
758this section, nor shall any individual practicing mold
759assessment or mold remediation be relieved of responsibility for
760professional services performed by reason of his or her
761employment or relationship with a corporation or partnership.
762     (3)  For the purposes of this section, a certificate of
763authorization shall be required for a corporation, partnership,
764association, or person practicing under a fictitious name,
765offering mold assessment or mold remediation; however, when an
766individual is practicing mold assessment or mold remediation
767under his or her own given name, he or she shall not be required
768to register under this section.
769     (4)  Each certificate of authorization shall be renewed
770every 2 years. Each partnership and corporation certified under
771this section shall notify the department within 1 month of any
772change in the information contained in the application upon
773which the certification is based.
774     (5)  Disciplinary action against a corporation or
775partnership shall be administered in the same manner and on the
776same grounds as disciplinary action against a licensed mold
777assessor or mold remediator.
778     Section 21.  Subsection (1) of section 468.8419, Florida
779Statutes, is amended, and subsection (4) is added to that
780section, to read:
781     468.8419  Prohibitions; penalties.-
782     (1)  A person mold assessor, a company that employs a mold
783assessor, or a company that is controlled by a company that also
784has a financial interest in a company employing a mold assessor
785may not:
786     (a)  Effective July 1, 2011, perform or offer to perform
787any mold assessment unless the mold assessor has documented
788training in water, mold, and respiratory protection under s.
789468.8414(2).
790     (b)  Effective July 1, 2011, perform or offer to perform
791any mold assessment unless the person has complied with the
792provisions of this part.
793     (c)  Use the name or title "certified mold assessor,"
794"registered mold assessor," "licensed mold assessor," "mold
795assessor," "professional mold assessor," or any combination
796thereof unless the person has complied with the provisions of
797this part.
798     (d)  Perform or offer to perform any mold remediation to a
799structure on which the mold assessor or the mold assessor's
800company provided a mold assessment within the last 12 months.
801     (e)  Inspect for a fee any property in which the assessor
802or the assessor's company has any financial or transfer
803interest.
804     (f)  Accept any compensation, inducement, or reward from a
805mold remediator or mold remediator's company for the referral of
806any business to the mold remediator or the mold remediator's
807company.
808     (g)  Offer any compensation, inducement, or reward to a
809mold remediator or mold remediator's company for the referral of
810any business from the mold remediator or the mold remediator's
811company.
812     (h)  Accept an engagement to make an omission of the
813assessment or conduct an assessment in which the assessment
814itself, or the fee payable for the assessment, is contingent
815upon the conclusions of the assessment.
816     (4)  This section does not apply to unlicensed activity as
817described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
818which occurs before July 1, 2011.
819     Section 22.  Subsection (1) of section 468.842, Florida
820Statutes, is amended to read:
821     468.842  Disciplinary proceedings.-
822     (1)  The following acts constitute grounds for which the
823disciplinary actions in subsection (2) may be taken:
824     (a)  Violation of any provision of this part or s.
825455.227(1).;
826     (b)  Attempting to procure a license to practice mold
827assessment or mold remediation by bribery or fraudulent
828misrepresentations.;
829     (c)  Having a license to practice mold assessment or mold
830remediation revoked, suspended, or otherwise acted against,
831including the denial of licensure, by the licensing authority of
832another state, territory, or country.;
833     (d)  Being convicted or found guilty of, or entering a plea
834of nolo contendere to, regardless of adjudication, a crime in
835any jurisdiction that directly relates to the practice of mold
836assessment or mold remediation or the ability to practice mold
837assessment or mold remediation.;
838     (e)  Making or filing a report or record that the licensee
839knows to be false, willfully failing to file a report or record
840required by state or federal law, willfully impeding or
841obstructing such filing, or inducing another person to impede or
842obstruct such filing. Such reports or records shall include only
843those that are signed in the capacity of a registered mold
844assessor or mold remediator.;
845     (f)  Advertising goods or services in a manner that is
846fraudulent, false, deceptive, or misleading in form or content.;
847     (g)  Engaging in fraud or deceit, or negligence,
848incompetency, or misconduct, in the practice of mold assessment
849or mold remediation.;
850     (h)  Failing to perform any statutory or legal obligation
851placed upon a licensed mold assessor or mold remediator;
852violating any provision of this chapter, a rule of the
853department, or a lawful order of the department previously
854entered in a disciplinary hearing; or failing to comply with a
855lawfully issued subpoena of the department.; or
856     (i)  Practicing on a revoked, suspended, inactive, or
857delinquent license.
858     (j)  Failing to meet any standard of practice adopted by
859rule of the department.
860     Section 23.  Subsection (1) of section 468.8421, Florida
861Statutes, is amended to read:
862     468.8421  Insurance.-
863     (1)  A mold assessor shall maintain general liability and
864errors and omissions for both preliminary and postremediation
865mold assessment insurance coverage in an amount of at least $1
866million not less than $1,000,000.
867     Section 24.  Section 468.8423, Florida Statutes, is amended
868to read:
869     468.8423  Grandfather clause.-
870     (1)  A person who performs mold assessment or mold
871remediation as defined in this part may qualify to be licensed
872by the department as a mold assessor or mold remediator if the
873person submits his or her application to the department by March
8741, 2011, whether postmarked or delivered by that date, and if
875the person: meets the licensure requirements of this part by
876July 1, 2010.
877     (a)  Is certified as a mold assessor or mold remediator by
878a state or national association that requires, for such
879certification, successful completion of a proctored examination
880on mold assessment or mold remediation, as applicable, and
881completes at least 60 hours of education on mold assessment or
882at least 30 hours of education on mold remediation, as
883applicable; or
884     (b)  At the time of application, has at least 3 years of
885experience as a mold assessor or mold remediator. To establish
886the 3 years of experience, an applicant must submit at least 40
887mold assessments or remediation invoices prepared by the
888applicant.
889     (2)  The department may investigate the validity of a mold
890assessment or remediation invoice submitted under paragraph
891(1)(b) and, if the applicant submits a false assessment or
892invoice, may take disciplinary action against the applicant
893under s. 468.842(1)(e) or (g).
894     (3)  An applicant may not qualify for licensure under this
895section if he or she has had a mold assessor or mold remediator
896license or a license in any related field revoked at any time or
897suspended within the previous 5 years or has been assessed a
898fine that exceeds $500 within the previous 5 years. For purposes
899of this subsection, a license in a related field includes, but
900is not limited to, licensure in real estate, construction, home
901inspection, building code administration or inspection, or
902indoor air quality.
903     (4)  An applicant for licensure under this section must
904comply with the good moral character and insurance requirements
905of this part.
906     Section 25.  Section 468.8424, Florida Statutes, is created
907to read:
908     468.8424  Rulemaking authority.-The department shall adopt
909rules to administer this part.
910     Section 26.  Subsection (22) of section 489.103, Florida
911Statutes, is amended to read:
912     489.103  Exemptions.-This part does not apply to:
913     (22)  A person licensed pursuant to s. 633.061(1)(d) or
914(3)(2)(b) performing work authorized by such license.
915     Section 27.  Subsections (2), (8), and (9) of section
916553.37, Florida Statutes, are amended, and subsection (12) is
917added to that section, to read:
918     553.37  Rules; inspections; and insignia.-
919     (2)  The department shall adopt rules to address:
920     (a)  Procedures and qualifications for approval of third-
921party plan review and inspection agencies and of those who
922perform inspections and plan reviews.
923     (b)  Investigation of consumer complaints of noncompliance
924of manufactured buildings with the Florida Building Code and the
925Florida Fire Prevention Code.
926     (c)  Issuance, cancellation, and revocation of any insignia
927issued by the department and procedures for auditing and
928accounting for disposition of them.
929     (d)  Monitoring the manufacturers', inspection agencies',
930and plan review agencies' compliance with this part and the
931Florida Building Code. Monitoring may include, but is not
932limited to, performing audits of plans, inspections of
933manufacturing facilities and observation of the manufacturing
934and inspection process, and onsite inspections of buildings.
935     (e)  The performance by the department and its designees
936and contractors of any other functions required by this part.
937     (8)  The department, by rule, shall establish a schedule of
938fees to pay the cost of the administration and enforcement of
939this part. The rule may provide for manufacturers to pay fees to
940the administrator directly via the Building Code Information
941System.
942     (9)  The department may delegate its enforcement authority
943to a state department having building construction
944responsibilities or a local government and may enter into
945contracts for the performance of its administrative duties under
946this part. The department may delegate its plan review and
947inspection authority to one or more of the following in any
948combination:
949     (a)  A state department having building construction
950responsibilities;
951     (b)  A local government;
952     (c)  An approved inspection agency;
953     (d)  An approved plan review agency; or
954     (e)  An agency of another state.
955     (12)  Custom or one-of-a-kind prototype manufactured
956buildings are not required to have state approval, but must be
957in compliance with all local requirements of the governmental
958agency having jurisdiction at the installation site.
959     Section 28.  Section 553.375, Florida Statutes, is amended
960to read:
961     553.375  Recertification of manufactured buildings.-Prior
962to the relocation to a site that has a higher design wind speed,
963modification, or change of occupancy of a manufactured building
964within the state, the manufacturer, dealer, or owner thereof may
965apply to the department for recertification of that manufactured
966building. The department shall, by rule, provide what
967information the applicant must submit for recertification and
968for plan review and inspection of such manufactured buildings
969and shall establish fees for recertification. Upon a
970determination by the department that the manufactured building
971complies with the applicable building codes, the department
972shall issue a recertification insignia. A manufactured building
973that bears recertification insignia does not require any
974additional approval by an enforcement jurisdiction in which the
975building is sold or installed, and is considered to comply with
976all applicable codes. As an alternative to recertification by
977the department, the manufacturer, dealer, or owner of a
978manufactured building may seek appropriate permitting and a
979certificate of occupancy from the local jurisdiction in
980accordance with procedures generally applicable under the
981Florida Building Code.
982     Section 29.  Section 553.509, Florida Statutes, is amended
983to read:
984     553.509  Vertical accessibility.-
985     (1)  Nothing in ss. 553.501-553.513 or the guidelines shall
986be construed to relieve the owner of any building, structure, or
987facility governed by those sections from the duty to provide
988vertical accessibility to all levels above and below the
989occupiable grade level, regardless of whether the guidelines
990require an elevator to be installed in such building, structure,
991or facility, except for:
992     (a)  Elevator pits, elevator penthouses, mechanical rooms,
993piping or equipment catwalks, and automobile lubrication and
994maintenance pits and platforms;
995     (b)  Unoccupiable spaces, such as rooms, enclosed spaces,
996and storage spaces that are not designed for human occupancy,
997for public accommodations, or for work areas; and
998     (c)  Occupiable spaces and rooms that are not open to the
999public and that house no more than five persons, including, but
1000not limited to, equipment control rooms and projection booths.
1001     (2)(a)  Any person, firm, or corporation that owns,
1002manages, or operates a residential multifamily dwelling,
1003including a condominium, that is at least 75 feet high and
1004contains a public elevator, as described in s. 399.035(2) and
1005(3) and rules adopted by the Florida Building Commission, shall
1006have at least one public elevator that is capable of operating
1007on an alternate power source for emergency purposes. Alternate
1008power shall be available for the purpose of allowing all
1009residents access for a specified number of hours each day over a
10105-day period following a natural disaster, manmade disaster,
1011emergency, or other civil disturbance that disrupts the normal
1012supply of electricity. The alternate power source that controls
1013elevator operations must also be capable of powering any
1014connected fire alarm system in the building.
1015     (b)  At a minimum, the elevator must be appropriately
1016prewired and prepared to accept an alternate power source and
1017must have a connection on the line side of the main disconnect,
1018pursuant to National Electric Code Handbook, Article 700. In
1019addition to the required power source for the elevator and
1020connected fire alarm system in the building, the alternate power
1021supply must be sufficient to provide emergency lighting to the
1022interior lobbies, hallways, and other portions of the building
1023used by the public. Residential multifamily dwellings must have
1024an available generator and fuel source on the property or have
1025proof of a current contract posted in the elevator machine room
1026or other place conspicuous to the elevator inspector affirming a
1027current guaranteed service contract for such equipment and fuel
1028source to operate the elevator on an on-call basis within 24
1029hours after a request. By December 31, 2006, any person, firm or
1030corporation that owns, manages, or operates a residential
1031multifamily dwelling as defined in paragraph (a) must provide to
1032the local building inspection agency verification of engineering
1033plans for residential multifamily dwellings that provide for the
1034capability to generate power by alternate means. Compliance with
1035installation requirements and operational capability
1036requirements must be verified by local building inspectors and
1037reported to the county emergency management agency by December
103831, 2007.
1039     (c)  Each newly constructed residential multifamily
1040dwelling, including a condominium, that is at least 75 feet high
1041and contains a public elevator, as described in s. 399.035(2)
1042and (3) and rules adopted by the Florida Building Commission,
1043must have at least one public elevator that is capable of
1044operating on an alternate power source for the purpose of
1045allowing all residents access for a specified number of hours
1046each day over a 5-day period following a natural disaster,
1047manmade disaster, emergency, or other civil disturbance that
1048disrupts the normal supply of electricity. The alternate power
1049source that controls elevator operations must be capable of
1050powering any connected fire alarm system in the building. In
1051addition to the required power source for the elevator and
1052connected fire alarm system, the alternate power supply must be
1053sufficient to provide emergency lighting to the interior
1054lobbies, hallways, and other portions of the building used by
1055the public. Engineering plans and verification of operational
1056capability must be provided by the local building inspector to
1057the county emergency management agency before occupancy of the
1058newly constructed building.
1059     (d)  Each person, firm, or corporation that is required to
1060maintain an alternate power source under this subsection shall
1061maintain a written emergency operations plan that details the
1062sequence of operations before, during, and after a natural or
1063manmade disaster or other emergency situation. The plan must
1064include, at a minimum, a lifesafety plan for evacuation,
1065maintenance of the electrical and lighting supply, and
1066provisions for the health, safety, and welfare of the residents.
1067In addition, the owner, manager, or operator of the residential
1068multifamily dwelling must keep written records of any contracts
1069for alternative power generation equipment. Also, quarterly
1070inspection records of lifesafety equipment and alternate power
1071generation equipment must be posted in the elevator machine room
1072or other place conspicuous to the elevator inspector, which
1073confirm that such equipment is properly maintained and in good
1074working condition, and copies of contracts for alternate power
1075generation equipment shall be maintained on site for
1076verification. The written emergency operations plan and
1077inspection records shall also be open for periodic inspection by
1078local and state government agencies as deemed necessary. The
1079owner or operator must keep a generator key in a lockbox posted
1080at or near any installed generator unit.
1081     (e)  Multistory affordable residential dwellings for
1082persons age 62 and older that are financed or insured by the
1083United States Department of Housing and Urban Development must
1084make every effort to obtain grant funding from the Federal
1085Government or the Florida Housing Finance Corporation to comply
1086with this subsection. If an owner of such a residential dwelling
1087cannot comply with the requirements of this subsection, the
1088owner must develop a plan with the local emergency management
1089agency to ensure that residents are evacuated to a place of
1090safety in the event of a power outage resulting from a natural
1091or manmade disaster or other emergency situation that disrupts
1092the normal supply of electricity for an extended period of time.
1093A place of safety may include, but is not limited to, relocation
1094to an alternative site within the building or evacuation to a
1095local shelter.
1096     (f)  As a part of the annual elevator inspection required
1097under s. 399.061, certified elevator inspectors shall confirm
1098that all installed generators required by this chapter are in
1099working order, have current inspection records posted in the
1100elevator machine room or other place conspicuous to the elevator
1101inspector, and that the required generator key is present in the
1102lockbox posted at or near the installed generator. If a building
1103does not have an installed generator, the inspector shall
1104confirm that the appropriate prewiring and switching
1105capabilities are present and that a statement is posted in the
1106elevator machine room or other place conspicuous to the elevator
1107inspector affirming a current guaranteed contract exists for
1108contingent services for alternate power is current for the
1109operating period.
1110     (2)  Notwithstanding any provision of subsection (1)
1111However, buildings, structures, and facilities must, at as a
1112minimum, comply with the requirements in the Americans with
1113Disabilities Act Accessibility Guidelines.
1114     Section 30.  Subsection (1) of section 553.512, Florida
1115Statutes, is amended to read:
1116     553.512  Modifications and waivers; advisory council.-
1117     (1)  The Florida Building Commission shall provide by
1118regulation criteria for granting individual modifications of, or
1119exceptions from, the literal requirements of this part upon a
1120determination of unnecessary, unreasonable, or extreme hardship,
1121provided such waivers shall not violate federal accessibility
1122laws and regulations and shall be reviewed by the Accessibility
1123Advisory Council. The commission shall establish by rule a fee
1124to be paid upon submitting a request for a waiver as provided in
1125this section. Notwithstanding any other provision of this
1126subsection, if an applicant for a waiver demonstrates economic
1127hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
1128shall be granted. The commission may not consider waiving any of
1129the requirements of s. 553.5041 unless the applicant first
1130demonstrates that she or he has applied for and been denied
1131waiver or variance from all local government zoning, subdivision
1132regulations, or other ordinances that prevent compliance
1133therewith. Further, the commission may not waive the requirement
1134of s. 553.5041(5)(a) and (c)1. governing the minimum width of
1135accessible routes and minimum width of accessible parking
1136spaces.
1137     Section 31.  Section 553.721, Florida Statutes, is amended
1138to read:
1139     553.721  Surcharge.-
1140     (1)  In order for the Department of Community Affairs to
1141administer and carry out the purposes of this part and related
1142activities, there is hereby created a surcharge, to be assessed
1143at the rate of 1.5 percent of the permit fees associated with
1144enforcement of the Florida Building Code on any permits issued
1145for new construction, repairs, renovations, alterations, and
1146additions. This includes permits issued for electrical, gas,
1147mechanical, plumbing, and roofing work. The minimum amount
1148collected on any permit issued shall be $2 one-half cent per
1149square foot under-roof floor space permitted pursuant
1150125.56(4) or s. 166.201. However, for additions,
1151renovations to existing buildings, the surcharge
1152computed on the basis of the square footage being added,
1153altered, or renovated. The unit of government responsible for
1154collecting a permit fee pursuant to s. 125.56(4) or s. 166.201
1155shall collect such surcharge and electronically remit the funds
1156collected to the department on a quarterly calendar basis, and
1157such unit of government shall may retain 10 an amount up to 5
1158percent of the surcharge collected to fund the participation of
1159building departments in the national and state building code
1160adoption processes and to provide education related to
1161enforcement of the Florida Building Code cover costs associated
1162with the collection and remittance of such surcharge. All funds
1163remitted to the department pursuant to this subsection shall be
1164deposited in the Operating Trust Fund. Funds collected from such
1165surcharge shall be used exclusively for the duties of the
1166Florida Building Commission and the Department of Community
1167Affairs not be used to fund research on techniques for
1168mitigation of radon in existing buildings. Funds used by the
1169department as well as funds to be transferred to the Department
1170of Health shall be as prescribed in the annual General
1171Appropriations Act. The department shall adopt rules governing
1172the collection and remittance of surcharges in accordance with
1173chapter 120.
1174     (2)  Notwithstanding subsection (1), and for the 2008-2009
1175fiscal year only, the amount transferred from the Operating
1176Trust Fund to the Grants and Donations Trust Fund of the
1177Department of Community Affairs pursuant to the General
1178Appropriations Act for the 2008-2009 fiscal year shall be used
1179for the regional planning councils, civil legal assistance, and
1180the Front Porch Florida Initiative.
1181     Section 32.  Subsections (2) and (3) and paragraph (b) of
1182subsection (4) of section 553.73, Florida Statutes, are amended,
1183present subsections (5) through (13) of that section are
1184renumbered as subsections (6) through (14), respectively, a new
1185subsection (5) is added to that section, paragraph (a) of
1186present subsection (6) and present subsections (7) and (9) of
1187that section are amended, and subsection (15) is added to that
1188section, to read:
1189     553.73  Florida Building Code.-
1190     (2)  The Florida Building Code shall contain provisions or
1191requirements for public and private buildings, structures, and
1192facilities relative to structural, mechanical, electrical,
1193plumbing, energy, and gas systems, existing buildings,
1194historical buildings, manufactured buildings, elevators, coastal
1195construction, lodging facilities, food sales and food service
1196facilities, health care facilities, including assisted living
1197facilities, adult day care facilities, hospice residential and
1198inpatient facilities and units, and facilities for the control
1199of radiation hazards, public or private educational facilities,
1200swimming pools, and correctional facilities and enforcement of
1201and compliance with such provisions or requirements. Further,
1202the Florida Building Code must provide for uniform
1203implementation of ss. 515.25, 515.27, and 515.29 by including
1204standards and criteria for residential swimming pool barriers,
1205pool covers, latching devices, door and window exit alarms, and
1206other equipment required therein, which are consistent with the
1207intent of s. 515.23. Technical provisions to be contained within
1208the Florida Building Code are restricted to requirements related
1209to the types of materials used and construction methods and
1210standards employed in order to meet criteria specified in the
1211Florida Building Code. Provisions relating to the personnel,
1212supervision or training of personnel, or any other professional
1213qualification requirements relating to contractors or their
1214workforce may not be included within the Florida Building Code,
1215and subsections (4), (5), (6), (7), and (8), and (9) are not to
1216be construed to allow the inclusion of such provisions within
1217the Florida Building Code by amendment. This restriction applies
1218to both initial development and amendment of the Florida
1219Building Code.
1220     (3)  The commission shall select from available national or
1221international model building codes, or other available building
1222codes and standards currently recognized by the laws of this
1223state, to form the foundation for the Florida Building Code. The
1224commission may modify the selected model codes and standards as
1225needed to accommodate the specific needs of this state.
1226Standards or criteria referenced by the selected model codes
1227shall be similarly incorporated by reference. If a referenced
1228standard or criterion requires amplification or modification to
1229be appropriate for use in this state, only the amplification or
1230modification shall be specifically set forth in the Florida
1231Building Code. The Florida Building Commission may approve
1232technical amendments to the code, subject to the requirements of
1233subsections (8) (7) and (9) (8), after the amendments have been
1234subject to the following conditions:
1235     (a)  The proposed amendment has been published on the
1236commission's website for a minimum of 45 days and all the
1237associated documentation has been made available to any
1238interested party before any consideration by any Technical
1239Advisory Committee;
1240     (b)  In order for a Technical Advisory Committee to make a
1241favorable recommendation to the commission, the proposal must
1242receive a three-fourths vote of the members present at the
1243Technical Advisory Committee meeting and at least half of the
1244regular members must be present in order to conduct a meeting;
1245     (c)  After Technical Advisory Committee consideration and a
1246recommendation for approval of any proposed amendment, the
1247proposal must be published on the commission's website for not
1248less than 45 days before any consideration by the commission;
1249and
1250     (d)  Any proposal may be modified by the commission based
1251on public testimony and evidence from a public hearing held in
1252accordance with chapter 120.
1253
1254The commission shall incorporate within sections of the Florida
1255Building Code provisions which address regional and local
1256concerns and variations. The commission shall make every effort
1257to minimize conflicts between the Florida Building Code, the
1258Florida Fire Prevention Code, and the Life Safety Code.
1259     (4)
1260     (b)  Local governments may, subject to the limitations of
1261this section, adopt amendments to the technical provisions of
1262the Florida Building Code which apply solely within the
1263jurisdiction of such government and which provide for more
1264stringent requirements than those specified in the Florida
1265Building Code, not more than once every 6 months. A local
1266government may adopt technical amendments that address local
1267needs if:
1268     1.  The local governing body determines, following a public
1269hearing which has been advertised in a newspaper of general
1270circulation at least 10 days before the hearing, that there is a
1271need to strengthen the requirements of the Florida Building
1272Code. The determination must be based upon a review of local
1273conditions by the local governing body, which review
1274demonstrates by evidence or data that the geographical
1275jurisdiction governed by the local governing body exhibits a
1276local need to strengthen the Florida Building Code beyond the
1277needs or regional variation addressed by the Florida Building
1278Code, that the local need is addressed by the proposed local
1279amendment, and that the amendment is no more stringent than
1280necessary to address the local need.
1281     2.  Such additional requirements are not discriminatory
1282against materials, products, or construction techniques of
1283demonstrated capabilities.
1284     3.  Such additional requirements may not introduce a new
1285subject not addressed in the Florida Building Code.
1286     4.  The enforcing agency shall make readily available, in a
1287usable format, all amendments adopted pursuant to this section.
1288     5.  Any amendment to the Florida Building Code shall be
1289transmitted within 30 days by the adopting local government to
1290the commission. The commission shall maintain copies of all such
1291amendments in a format that is usable and obtainable by the
1292public. Local technical amendments shall not become effective
1293until 30 days after the amendment has been received and
1294published by the commission.
1295     6.  Any amendment to the Florida Building Code adopted by a
1296local government pursuant to this paragraph shall be effective
1297only until the adoption by the commission of the new edition of
1298the Florida Building Code every third year. At such time, the
1299commission shall review such amendment for consistency with the
1300criteria in paragraph (9)(8)(a) and adopt such amendment as part
1301of the Florida Building Code or rescind the amendment. The
1302commission shall immediately notify the respective local
1303government of the rescission of any amendment. After receiving
1304such notice, the respective local government may readopt the
1305rescinded amendment pursuant to the provisions of this
1306paragraph.
1307     7.  Each county and municipality desiring to make local
1308technical amendments to the Florida Building Code shall by
1309interlocal agreement establish a countywide compliance review
1310board to review any amendment to the Florida Building Code,
1311adopted by a local government within the county pursuant to this
1312paragraph, that is challenged by any substantially affected
1313party for purposes of determining the amendment's compliance
1314with this paragraph. If challenged, the local technical
1315amendments shall not become effective until time for filing an
1316appeal pursuant to subparagraph 8. has expired or, if there is
1317an appeal, until the commission issues its final order
1318determining the adopted amendment is in compliance with this
1319subsection.
1320     8.  If the compliance review board determines such
1321amendment is not in compliance with this paragraph, the
1322compliance review board shall notify such local government of
1323the noncompliance and that the amendment is invalid and
1324unenforceable until the local government corrects the amendment
1325to bring it into compliance. The local government may appeal the
1326decision of the compliance review board to the commission. If
1327the compliance review board determines such amendment to be in
1328compliance with this paragraph, any substantially affected party
1329may appeal such determination to the commission. Any such appeal
1330shall be filed with the commission within 14 days of the board's
1331written determination. The commission shall promptly refer the
1332appeal to the Division of Administrative Hearings for the
1333assignment of an administrative law judge. The administrative
1334law judge shall conduct the required hearing within 30 days, and
1335shall enter a recommended order within 30 days of the conclusion
1336of such hearing. The commission shall enter a final order within
133730 days thereafter. The provisions of chapter 120 and the
1338uniform rules of procedure shall apply to such proceedings. The
1339local government adopting the amendment that is subject to
1340challenge has the burden of proving that the amendment complies
1341with this paragraph in proceedings before the compliance review
1342board and the commission, as applicable. Actions of the
1343commission are subject to judicial review pursuant to s. 120.68.
1344The compliance review board shall determine whether its
1345decisions apply to a respective local jurisdiction or apply
1346countywide.
1347     9.  An amendment adopted under this paragraph shall include
1348a fiscal impact statement which documents the costs and benefits
1349of the proposed amendment. Criteria for the fiscal impact
1350statement shall include the impact to local government relative
1351to enforcement, the impact to property and building owners, as
1352well as to industry, relative to the cost of compliance. The
1353fiscal impact statement may not be used as a basis for
1354challenging the amendment for compliance.
1355     10.  In addition to subparagraphs 7. and 9., the commission
1356may review any amendments adopted pursuant to this subsection
1357and make nonbinding recommendations related to compliance of
1358such amendments with this subsection.
1359     (5)  Notwithstanding subsection (4), counties and
1360municipalities may adopt by ordinance an administrative or
1361technical amendment to the Florida Building Code relating to
1362flood resistance in order to implement the National Flood
1363Insurance Program or incentives. Specifically, an administrative
1364amendment may assign the duty to enforce all or portions of
1365flood-related code provisions to the appropriate agencies of the
1366local government and adopt procedures for variances and
1367exceptions from flood-related code provisions other than
1368provisions for structures seaward of the coastal construction
1369control line consistent with the requirements in 44 C.F.R. s.
137060.6. A technical amendment is authorized to the extent it is
1371more stringent than the code. A technical amendment is not
1372subject to the requirements of subsection (4) and may not be
1373rendered void when the code is updated if the amendment is
1374adopted for the purpose of participating in the Community Rating
1375System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
1376had already been adopted by local ordinance prior to July 1,
13772010, or the amendment requires a design flood elevation above
1378the base flood elevation. Any amendment adopted pursuant to this
1379subsection shall be transmitted to the commission within 30 days
1380after being adopted.
1381     (7)(6)(a)  The commission, by rule adopted pursuant to ss.
1382120.536(1) and 120.54, shall update the Florida Building Code
1383every 3 years. When updating the Florida Building Code, the
1384commission shall select the most current version of the
1385International Building Code, the International Fuel Gas Code,
1386the International Mechanical Code, the International Plumbing
1387Code, and the International Residential Code, all of which are
1388adopted by the International Code Council, and the National
1389Electrical Code, which is adopted by the National Fire
1390Protection Association, to form the foundation codes of the
1391updated Florida Building Code, if the version has been adopted
1392by the applicable model code entity and made available to the
1393public at least 6 months prior to its selection by the
1394commission. The commission shall select the most current version
1395of the International Energy Conservation Code (IECC) as a
1396foundation code; however, the IECC shall be modified by the
1397commission to maintain the efficiencies of the Florida Energy
1398Efficiency Code for Building Construction adopted and amended
1399pursuant to s. 553.901.
1400     (8)(7)  Notwithstanding the provisions of subsection (3) or
1401subsection (7) (6), the commission may address issues identified
1402in this subsection by amending the code pursuant only to the
1403rule adoption procedures contained in chapter 120. Provisions of
1404the Florida Building Code, including those contained in
1405referenced standards and criteria, relating to wind resistance
1406or the prevention of water intrusion may not be amended pursuant
1407to this subsection to diminish those construction requirements;
1408however, the commission may, subject to conditions in this
1409subsection, amend the provisions to enhance those construction
1410requirements. Following the approval of any amendments to the
1411Florida Building Code by the commission and publication of the
1412amendments on the commission's website, authorities having
1413jurisdiction to enforce the Florida Building Code may enforce
1414the amendments. The commission may approve amendments that are
1415needed to address:
1416     (a)  Conflicts within the updated code;
1417     (b)  Conflicts between the updated code and the Florida
1418Fire Prevention Code adopted pursuant to chapter 633;
1419     (c)  The omission of previously adopted Florida-specific
1420amendments to the updated code if such omission is not supported
1421by a specific recommendation of a technical advisory committee
1422or particular action by the commission;
1423     (d)  Unintended results from the integration of previously
1424adopted Florida-specific amendments with the model code;
1425     (e)  Equivalency of standards;
1426     (f)(e)  Changes to or inconsistencies with federal or state
1427law; or
1428     (g)(f)  Adoption of an updated edition of the National
1429Electrical Code if the commission finds that delay of
1430implementing the updated edition causes undue hardship to
1431stakeholders or otherwise threatens the public health, safety,
1432and welfare.
1433     (10)(9)  The following buildings, structures, and
1434facilities are exempt from the Florida Building Code as provided
1435by law, and any further exemptions shall be as determined by the
1436Legislature and provided by law:
1437     (a)  Buildings and structures specifically regulated and
1438preempted by the Federal Government.
1439     (b)  Railroads and ancillary facilities associated with the
1440railroad.
1441     (c)  Nonresidential farm buildings on farms.
1442     (d)  Temporary buildings or sheds used exclusively for
1443construction purposes.
1444     (e)  Mobile or modular structures used as temporary
1445offices, except that the provisions of part II relating to
1446accessibility by persons with disabilities shall apply to such
1447mobile or modular structures.
1448     (f)  Those structures or facilities of electric utilities,
1449as defined in s. 366.02, which are directly involved in the
1450generation, transmission, or distribution of electricity.
1451     (g)  Temporary sets, assemblies, or structures used in
1452commercial motion picture or television production, or any
1453sound-recording equipment used in such production, on or off the
1454premises.
1455     (h)  Storage sheds that are not designed for human
1456habitation and that have a floor area of 720 square feet or less
1457are not required to comply with the mandatory wind-borne-debris-
1458impact standards of the Florida Building Code.
1459     (i)  Chickees constructed by the Miccosukee Tribe of
1460Indians of Florida or the Seminole Tribe of Florida. As used in
1461this paragraph, the term "chickee" means an open-sided wooden
1462hut that has a thatched roof of palm or palmetto or other
1463traditional materials, and that does not incorporate any
1464electrical, plumbing, or other nonwood features.
1465     (j)  Family mausoleums not exceeding 250 square feet in
1466area which are prefabricated and assembled on site or
1467preassembled and delivered on site and have walls, roofs, and a
1468floor constructed of granite, marble, or reinforced concrete.
1469
1470With the exception of paragraphs (a), (b), (c), and (f), in
1471order to preserve the health, safety, and welfare of the public,
1472the Florida Building Commission may, by rule adopted pursuant to
1473chapter 120, provide for exceptions to the broad categories of
1474buildings exempted in this section, including exceptions for
1475application of specific sections of the code or standards
1476adopted therein. The Department of Agriculture and Consumer
1477Services shall have exclusive authority to adopt by rule,
1478pursuant to chapter 120, exceptions to nonresidential farm
1479buildings exempted in paragraph (c) when reasonably necessary to
1480preserve public health, safety, and welfare. The exceptions must
1481be based upon specific criteria, such as under-roof floor area,
1482aggregate electrical service capacity, HVAC system capacity, or
1483other building requirements. Further, the commission may
1484recommend to the Legislature additional categories of buildings,
1485structures, or facilities which should be exempted from the
1486Florida Building Code, to be provided by law. The Florida
1487Building Code does not apply to temporary housing provided by
1488the Department of Corrections to any prisoner in the state
1489correctional system.
1490     (15)  An agency or local government may not require that
1491existing mechanical equipment on the surface of a roof be
1492installed in compliance with the requirements of the Florida
1493Building Code until the equipment is required to be removed or
1494replaced.
1495     Section 33.  Subsection (5) is added to section 553.74,
1496Florida Statutes, to read:
1497     553.74  Florida Building Commission.-
1498     (5)  Notwithstanding s. 112.313 or any other provision of
1499law, a member of any of commission's technical advisory
1500committees or a member of any other advisory committee or
1501workgroup of the commission, does not have an impermissible
1502conflict of interest when representing clients before the
1503commission or one of its committees or workgroups. However, the
1504member, in his or her capacity as member of the committee or
1505workgroup, may not take part in any discussion on or take action
1506on any matter in which he or she has a direct financial
1507interest.
1508     Section 34.  Subsection (2) of section 553.76, Florida
1509Statutes, is amended to read:
1510     553.76  General powers of the commission.-The commission is
1511authorized to:
1512     (2)  Issue memoranda of procedure for its internal
1513management and control. The commission may adopt rules related
1514to its consensus-based decisionmaking process, including, but
1515not limited to, super majority voting requirements for
1516commission actions relating to the adoption of the Florida
1517Building Code or amendments to the code.
1518     Section 35.  Subsections (2) and (4) of section 553.775,
1519Florida Statutes, are amended to read:
1520     553.775  Interpretations.-
1521     (2)  Local enforcement agencies, local building officials,
1522state agencies, and the commission shall interpret provisions of
1523the Florida Building Code in a manner that is consistent with
1524declaratory statements and interpretations entered by the
1525commission, except that conflicts between the Florida Fire
1526Prevention Code and the Florida Building Code shall be resolved
1527in accordance with s. 553.73(11)(10)(c) and (d).
1528     (4)  In order to administer this section, the commission
1529may adopt by rule and impose a fee for filing requests for
1530declaratory statements and binding and nonbinding
1531interpretations to recoup the cost of the proceedings which may
1532not exceed $125 for each request for a nonbinding interpretation
1533and $250 for each request for a binding review or
1534interpretation. For proceedings conducted by or in coordination
1535with a third-party, the rule may provide that payment be made
1536directly to the third party, who shall remit to the department
1537that portion of the fee necessary to cover the costs of the
1538department.
1539     Section 36.  Subsection (9) of section 553.79, Florida
1540Statutes, is amended to read:
1541     553.79  Permits; applications; issuance; inspections.-
1542     (9)  Any state agency whose enabling legislation authorizes
1543it to enforce provisions of the Florida Building Code may enter
1544into an agreement with any other unit of government to delegate
1545its responsibility to enforce those provisions and may expend
1546public funds for permit and inspection fees, which fees may be
1547no greater than the fees charged others. Inspection services
1548that are not required to be performed by a state agency under a
1549federal delegation of responsibility or by a state agency under
1550the Florida Building Code must be performed under the
1551alternative plans review and inspection process created in s.
1552553.791 or by a local governmental entity having authority to
1553enforce the Florida Building Code.
1554     Section 37.  For the purpose of incorporating the amendment
1555made by this act to section 553.79, Florida Statutes, in a
1556reference thereto, subsection (1) of section 553.80, Florida
1557Statutes, is reenacted, and paragraph (c) of subsection (1) and
1558subsection (3) of that section are amended, to read:
1559     553.80  Enforcement.-
1560     (1)  Except as provided in paragraphs (a)-(g), each local
1561government and each legally constituted enforcement district
1562with statutory authority shall regulate building construction
1563and, where authorized in the state agency's enabling
1564legislation, each state agency shall enforce the Florida
1565Building Code required by this part on all public or private
1566buildings, structures, and facilities, unless such
1567responsibility has been delegated to another unit of government
1568pursuant to s. 553.79(9).
1569     (a)  Construction regulations relating to correctional
1570facilities under the jurisdiction of the Department of
1571Corrections and the Department of Juvenile Justice are to be
1572enforced exclusively by those departments.
1573     (b)  Construction regulations relating to elevator
1574equipment under the jurisdiction of the Bureau of Elevators of
1575the Department of Business and Professional Regulation shall be
1576enforced exclusively by that department.
1577     (c)  In addition to the requirements of s. 553.79 and this
1578section, facilities subject to the provisions of chapter 395 and
1579parts part II and VIII of chapter 400 shall have facility plans
1580reviewed and construction surveyed by the state agency
1581authorized to do so under the requirements of chapter 395 and
1582parts part II and VIII of chapter 400 and the certification
1583requirements of the Federal Government. Facilities subject to
1584the provisions of part IV of chapter 400 may have facility plans
1585reviewed and shall have construction surveyed by the state
1586agency authorized to do so under the requirements of part IV of
1587chapter 400 and the certification requirements of the Federal
1588Government.
1589     (d)  Building plans approved under s. 553.77(3) and state-
1590approved manufactured buildings, including buildings
1591manufactured and assembled offsite and not intended for
1592habitation, such as lawn storage buildings and storage sheds,
1593are exempt from local code enforcing agency plan reviews except
1594for provisions of the code relating to erection, assembly, or
1595construction at the site. Erection, assembly, and construction
1596at the site are subject to local permitting and inspections.
1597Lawn storage buildings and storage sheds bearing the insignia of
1598approval of the department are not subject to s. 553.842. Such
1599buildings that do not exceed 400 square feet may be delivered
1600and installed without need of a contractor's or specialty
1601license.
1602     (e)  Construction regulations governing public schools,
1603state universities, and community colleges shall be enforced as
1604provided in subsection (6).
1605     (f)  The Florida Building Code as it pertains to toll
1606collection facilities under the jurisdiction of the turnpike
1607enterprise of the Department of Transportation shall be enforced
1608exclusively by the turnpike enterprise.
1609     (g)  Construction regulations relating to secure mental
1610health treatment facilities under the jurisdiction of the
1611Department of Children and Family Services shall be enforced
1612exclusively by the department in conjunction with the Agency for
1613Health Care Administration's review authority under paragraph
1614(c).
1615
1616The governing bodies of local governments may provide a schedule
1617of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1618section, for the enforcement of the provisions of this part.
1619Such fees shall be used solely for carrying out the local
1620government's responsibilities in enforcing the Florida Building
1621Code. The authority of state enforcing agencies to set fees for
1622enforcement shall be derived from authority existing on July 1,
16231998. However, nothing contained in this subsection shall
1624operate to limit such agencies from adjusting their fee schedule
1625in conformance with existing authority.
1626     (3)(a)  Each enforcement district shall be governed by a
1627board, the composition of which shall be determined by the
1628affected localities.
1629     (b)1.  At its own option, each enforcement district or
1630local enforcement agency may adopt promulgate rules granting to
1631the owner of a single-family residence one or more exemptions
1632from the Florida Building Code relating to:
1633     a.(a)  Addition, alteration, or repairs performed by the
1634property owner upon his or her own property, provided any
1635addition or alteration shall not exceed 1,000 square feet or the
1636square footage of the primary structure, whichever is less.
1637     b.(b)  Addition, alteration, or repairs by a nonowner
1638within a specific cost limitation set by rule, provided the
1639total cost shall not exceed $5,000 within any 12-month period.
1640     c.(c)  Building and inspection fees.
1641     2.  However, the exemptions under subparagraph 1. do not
1642apply to single-family residences that are located in mapped
1643flood hazard areas, as defined in the code, unless the
1644enforcement district or local enforcement agency has determined
1645that the work, which is otherwise exempt, does not constitute a
1646substantial improvement, including the repair of substantial
1647damage, of such single-family residences.
1648     3.  Each code exemption, as defined in sub-subparagraphs
16491.a, b., and c. paragraphs (a), (b), and (c), shall be certified
1650to the local board 10 days prior to implementation and shall
1651only be effective in the territorial jurisdiction of the
1652enforcement district or local enforcement agency implementing
1653it.
1654     Section 38.  Subsections (4) through (9) of section
1655553.841, Florida Statutes, are amended to read:
1656     553.841  Building code compliance and mitigation program.-
1657     (4)  The department, In administering the Florida Building
1658Code Compliance and Mitigation Program, the department shall
1659maintain, update, develop, or cause to be developed:
1660     (a)  A core curriculum that is prerequisite to the advanced
1661module coursework.
1662     (b)  advanced modules designed for use by each profession.
1663     (c)  The core curriculum developed under this subsection
1664must be submitted to the Department of Business and Professional
1665Regulation for approval. Advanced modules developed under this
1666paragraph must be approved by the commission and submitted to
1667the respective boards for approval.
1668     (5)  The core curriculum shall cover the information
1669required to have all categories of participants appropriately
1670informed as to their technical and administrative
1671responsibilities in the effective execution of the code process
1672by all individuals currently licensed under part XII of chapter
1673468, chapter 471, chapter 481, or chapter 489, except as
1674otherwise provided in s. 471.017. The core curriculum shall be
1675prerequisite to the advanced module coursework for all licensees
1676and shall be completed by individuals licensed in all categories
1677under part XII of chapter 468, chapter 471, chapter 481, or
1678chapter 489 within the first 2-year period after initial
1679licensure. Core course hours taken by licensees to complete this
1680requirement shall count toward fulfillment of required
1681continuing education units under part XII of chapter 468,
1682chapter 471, chapter 481, or chapter 489.
1683     (5)(6)  Each biennium, upon receipt of funds by the
1684Department of Community Affairs from the Construction Industry
1685Licensing Board and the Electrical Contractors' Licensing Board
1686provided under ss. 489.109(3) and 489.509(3), the department
1687shall determine the amount of funds available for the Florida
1688Building Code Compliance and Mitigation Program.
1689     (6)(7)  If the projects provided through the Florida
1690Building Code Compliance and Mitigation Program in any state
1691fiscal year do not require the use of all available funds, the
1692unused funds shall be carried forward and allocated for use
1693during the following fiscal year.
1694     (7)(8)  The Florida Building Commission shall provide by
1695rule for the accreditation of courses related to the Florida
1696Building Code by accreditors approved by the commission. The
1697commission shall establish qualifications of accreditors and
1698criteria for the accreditation of courses by rule. The
1699commission may revoke the accreditation of a course by an
1700accreditor if the accreditation is demonstrated to violate this
1701part or the rules of the commission.
1702     (8)(9)  This section does not prohibit or limit the subject
1703areas or development of continuing education or training on the
1704Florida Building Code by any qualified entity.
1705     Section 39.  Subsections (1), (5), (8), and (17) of section
1706553.842, Florida Statutes, are amended to read:
1707     553.842  Product evaluation and approval.-
1708     (1)  The commission shall adopt rules under ss. 120.536(1)
1709and 120.54 to develop and implement a product evaluation and
1710approval system that applies statewide to operate in
1711coordination with the Florida Building Code. The commission may
1712enter into contracts to provide for administration of the
1713product evaluation and approval system. The commission's rules
1714and any applicable contract may provide that the payment of fees
1715related to approvals be made directly to the administrator. Any
1716fee paid by a product manufacturer shall be used only for
1717funding the product evaluation and approval system. The product
1718evaluation and approval system shall provide:
1719     (a)  Appropriate promotion of innovation and new
1720technologies.
1721     (b)  Processing submittals of products from manufacturers
1722in a timely manner.
1723     (c)  Independent, third-party qualified and accredited
1724testing and laboratory facilities, product evaluation entities,
1725quality assurance agencies, certification agencies, and
1726validation entities.
1727     (d)  An easily accessible product acceptance list to
1728entities subject to the Florida Building Code.
1729     (e)  Development of stringent but reasonable testing
1730criteria based upon existing consensus standards, when
1731available, for products.
1732     (f)  Long-term approvals, where feasible. State and local
1733approvals will be valid until the requirements of the code on
1734which the approval is based change, the product changes in a
1735manner affecting its performance as required by the code, or the
1736approval is revoked. However, the commission may authorize by
1737rule editorial revisions to approvals and charge a fee as
1738provided in this section.
1739     (g)  Criteria for revocation of a product approval.
1740     (h)  Cost-effectiveness.
1741     (5)  Statewide approval of products, methods, or systems of
1742construction may be achieved by one of the following methods.
1743One of these methods must be used by the commission to approve
1744the following categories of products: panel walls, exterior
1745doors, roofing, skylights, windows, shutters, and structural
1746components as established by the commission by rule.
1747     (a)  Products for which the code establishes standardized
1748testing or comparative or rational analysis methods shall be
1749approved by submittal and validation of one of the following
1750reports or listings indicating that the product or method or
1751system of construction was evaluated to be in compliance with
1752the Florida Building Code and that the product or method or
1753system of construction is, for the purpose intended, at least
1754equivalent to that required by the Florida Building Code:
1755     1.  A certification mark or listing of an approved
1756certification agency, which may be used only for products for
1757which the code designates standardized testing;
1758     2.  A test report from an approved testing laboratory;
1759     3.  A product evaluation report based upon testing or
1760comparative or rational analysis, or a combination thereof, from
1761an approved product evaluation entity; or
1762     4.  A product evaluation report based upon testing or
1763comparative or rational analysis, or a combination thereof,
1764developed and signed and sealed by a professional engineer or
1765architect, licensed in this state.
1766
1767A product evaluation report or a certification mark or listing
1768of an approved certification agency which demonstrates that the
1769product or method or system of construction complies with the
1770Florida Building Code for the purpose intended shall be
1771equivalent to a test report and test procedure as referenced in
1772the Florida Building Code. An application for state approval of
1773a product under subparagraph 1. must be approved by the
1774department after the commission staff or a designee verifies
1775that the application and related documentation are complete.
1776This verification must be completed within 10 business days
1777after receipt of the application. Upon approval by the
1778department, the product shall be immediately added to the list
1779of state-approved products maintained under subsection (13).
1780Approvals by the department shall be reviewed and ratified by
1781the commission's program oversight committee except for a
1782showing of good cause that a review by the full commission is
1783necessary. The commission shall adopt rules providing means to
1784cure deficiencies identified within submittals for products
1785approved under this paragraph.
1786     (b)  Products, methods, or systems of construction for
1787which there are no specific standardized testing or comparative
1788or rational analysis methods established in the code may be
1789approved by submittal and validation of one of the following:
1790     1.  A product evaluation report based upon testing or
1791comparative or rational analysis, or a combination thereof, from
1792an approved product evaluation entity indicating that the
1793product or method or system of construction was evaluated to be
1794in compliance with the intent of the Florida Building Code and
1795that the product or method or system of construction is, for the
1796purpose intended, at least equivalent to that required by the
1797Florida Building Code; or
1798     2.  A product evaluation report based upon testing or
1799comparative or rational analysis, or a combination thereof,
1800developed and signed and sealed by a professional engineer or
1801architect, licensed in this state, who certifies that the
1802product or method or system of construction is, for the purpose
1803intended, at least equivalent to that required by the Florida
1804Building Code.
1805     (8)  The commission may adopt rules to approve the
1806following types of entities that produce information on which
1807product approvals are based. All of the following entities,
1808including engineers and architects, must comply with a
1809nationally recognized standard demonstrating independence or no
1810conflict of interest:
1811     (a)  Evaluation entities approved pursuant to this
1812paragraph that meet the criteria for approval adopted by the
1813commission by rule. The commission shall specifically approve
1814the National Evaluation Service, the International Association
1815of Plumbing and Mechanical Officials Evaluation Service the
1816International Conference of Building Officials Evaluation
1817Services, the International Code Council Evaluation Services,
1818the Building Officials and Code Administrators International
1819Evaluation Services, the Southern Building Code Congress
1820International Evaluation Services, and the Miami-Dade County
1821Building Code Compliance Office Product Control. Architects and
1822engineers licensed in this state are also approved to conduct
1823product evaluations as provided in subsection (5).
1824     (b)  Testing laboratories accredited by national
1825organizations, such as A2LA and the National Voluntary
1826Laboratory Accreditation Program, laboratories accredited by
1827evaluation entities approved under paragraph (a), and
1828laboratories that comply with other guidelines for testing
1829laboratories selected by the commission and adopted by rule.
1830     (c)  Quality assurance entities approved by evaluation
1831entities approved under paragraph (a) and by certification
1832agencies approved under paragraph (d) and other quality
1833assurance entities that comply with guidelines selected by the
1834commission and adopted by rule.
1835     (d)  Certification agencies accredited by nationally
1836recognized accreditors and other certification agencies that
1837comply with guidelines selected by the commission and adopted by
1838rule.
1839     (e)  Validation entities that comply with accreditation
1840standards established by the commission by rule.
1841     (17)(a)  The Florida Building Commission shall review the
1842list of evaluation entities in subsection (8) and, in the annual
1843report required under s. 553.77, shall either recommend
1844amendments to the list to add evaluation entities the commission
1845determines should be authorized to perform product evaluations
1846or shall report on the criteria adopted by rule or to be adopted
1847by rule allowing the commission to approve evaluation entities
1848that use the commission's product evaluation process. If the
1849commission adopts criteria by rule, the rulemaking process must
1850be completed by July 1, 2009.
1851     (b)  Notwithstanding paragraph (8)(a), the International
1852Association of Plumbing and Mechanical Officials Evaluation
1853Services is approved as an evaluation entity until October 1,
18542009. If the association does not obtain permanent approval by
1855the commission as an evaluation entity by October 1, 2009,
1856products approved on the basis of an association evaluation must
1857be substituted by an alternative, approved entity by December
185831, 2009, and on January 1, 2010, any product approval issued by
1859the commission based on an association evaluation is void.
1860     Section 40.  Subsection (4) is added to section 553.844,
1861Florida Statutes, to read:
1862     553.844  Windstorm loss mitigation; requirements for roofs
1863and opening protection.-
1864     (4)  Notwithstanding the provisions of this section,
1865exposed mechanical equipment or appliances fastened to a roof in
1866compliance with the code using rated stands, platforms, curbs,
1867slabs, or other means are deemed to comply with the wind
1868resistance requirements of the 2007 Florida Building Code, as
1869amended. Further support or enclosure of such mechanical
1870equipment or appliances is not required by a state or local
1871official having authority to enforce the Florida Building Code.
1872This subsection expires on the effective date of the 2010
1873Florida Building Code.
1874     Section 41.  Section 553.885, Florida Statutes, is amended
1875to read:
1876     553.885  Carbon monoxide alarm required.-
1877     (1)  Every separate building or addition to an existing
1878building, other than a hospital, an inpatient hospice facility,
1879or a nursing home facility licensed by the Agency for Health
1880Care Administration, constructed for which a building permit is
1881issued for new construction on or after July 1, 2008, and having
1882a fossil-fuel-burning heater or appliance, a fireplace, or an
1883attached garage, or other feature, fixture, or element that
1884emits carbon monoxide as a byproduct of combustion shall have an
1885approved operational carbon monoxide alarm installed within 10
1886feet of each room used for sleeping purposes in the new building
1887or addition, or at such other locations as required by the
1888Florida Building Code. The requirements of this subsection may
1889be satisfied with the installation of a hard-wired battery-
1890powered carbon monoxide alarm or a hard-wired battery-powered
1891combination carbon monoxide and smoke alarm. For a new hospital,
1892an inpatient hospice facility, or a nursing home facility
1893licensed by the Agency for Health Care Administration, or a new
1894state correctional institution, an approved operational carbon
1895monoxide detector shall be installed inside or directly outside
1896of each room or area within the hospital or facility where a
1897fossil-fuel-burning heater, engine, or appliance is located.
1898This detector shall be connected to the fire alarm system of the
1899hospital or facility as a supervisory signal. This subsection
1900does not apply to existing buildings that are undergoing
1901alterations or repairs unless the alteration is an addition as
1902defined in subsection (3).
1903     (2)  The Florida Building Commission shall adopt rules to
1904administer this section and shall incorporate such requirements
1905into its next revision of the Florida Building Code.
1906     (3)  As used in this section, the term:
1907     (a)  "Carbon monoxide alarm" means a device that is meant
1908for the purpose of detecting carbon monoxide, that produces a
1909distinct audible alarm, and that meets the requirements of and
1910is approved by the Florida Building Commission.
1911     (b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
1912or other petroleum or hydrocarbon product that emits carbon
1913monoxide as a by-product of combustion.
1914     (c)  "Addition" means an extension or increase in floor
1915area, number of stories, or height of a building or structure.
1916     Section 42.  Subsection (2) of section 553.9061, Florida
1917Statutes, is amended to read:
1918     553.9061  Scheduled increases in thermal efficiency
1919standards.-
1920     (2)  The Florida Building Commission shall identify within
1921code support and compliance documentation the specific building
1922options and elements available to meet the energy performance
1923goals established in subsection (1). Energy efficiency
1924performance options and elements include, but are not limited
1925to:
1926     (a)  Energy-efficient water heating systems, including
1927solar water heating.
1928     (b)  Energy-efficient appliances.
1929     (c)  Energy-efficient windows, doors, and skylights.
1930     (d)  Low solar-absorption roofs, also known as "cool
1931roofs."
1932     (e)  Enhanced ceiling and wall insulation.
1933     (f)  Reduced-leak duct systems and energy-saving devices
1934and features installed within duct systems.
1935     (g)  Programmable thermostats.
1936     (h)  Energy-efficient lighting systems.
1937     (i)  Energy-saving quality installation procedures for
1938replacement air-conditioning systems, including, but not limited
1939to, equipment sizing analysis and duct inspection.
1940     (j)  Shading devices, sunscreening materials, and
1941overhangs.
1942     (k)  Weatherstripping, caulking, and sealing of exterior
1943openings and penetrations.
1944     (l)  Energy-efficient centralized computer data centers in
1945office buildings.
1946     Section 43.  Subsections (3) and (4) of section 553.909,
1947Florida Statutes, are amended to read:
1948     553.909  Setting requirements for appliances; exceptions.-
1949     (3)  Commercial or residential swimming pool pumps or water
1950heaters manufactured on or sold after July 1, 2011, shall comply
1951with the requirements of this subsection.
1952     (a)  Natural gas pool heaters shall not be equipped with
1953constantly burning pilots.
1954     (b)  Heat pump pool heaters shall have a coefficient of
1955performance at low temperature of not less than 4.0.
1956     (c)  The thermal efficiency of gas-fired pool heaters and
1957oil-fired pool heaters shall not be less than 78 percent.
1958     (d)  All pool heaters shall have a readily accessible on-
1959off switch that is mounted outside the heater and that allows
1960shutting off the heater without adjusting the thermostat
1961setting.
1962     (4)(a)  Residential swimming pool filtration pumps and pump
1963motors manufactured on or after July 1, 2011, must comply with
1964the requirements in this subsection.
1965     (b)  Residential filtration pool pump motors shall not be
1966split-phase, shaded-pole, or capacitor start-induction run
1967types.
1968     (c)  Residential filtration pool pumps and pool pump motors
1969with a total horsepower of 1 HP or more shall have the
1970capability of operating at two or more speeds with a low speed
1971having a rotation rate that is no more than one-half of the
1972motor's maximum rotation rate.
1973     (d)  Residential filtration pool pump motor controls shall
1974have the capability of operating the pool pump at a minimum of
1975two speeds. The default circulation speed shall be the
1976residential filtration speed, with a higher speed override
1977capability being for a temporary period not to exceed one normal
1978cycle or 24 hours 120 minutes, whichever is less; except that
1979circulation speed for solar pool heating systems shall be
1980permitted to run at higher speeds during periods of usable solar
1981heat gain.
1982     Section 44.  Section 553.912, Florida Statutes, is amended
1983to read:
1984     553.912  Air conditioners.-All air conditioners that which
1985are sold or installed in the state shall meet the minimum
1986efficiency ratings of the Florida Energy Efficiency Code for
1987Building Construction. These efficiency ratings shall be
1988minimums and may be updated in the Florida Energy Efficiency
1989Code for Building Construction by the department in accordance
1990with s. 553.901, following its determination that more cost-
1991effective energy-saving equipment and techniques are available.
1992It is the intent of the Legislature that all replacement air-
1993conditioning systems be installed using energy-saving, quality
1994installation procedures, including, but not limited to,
1995equipment sizing analysis and duct inspection.
1996     Section 45.  Subsection (2) of section 627.711, Florida
1997Statutes, is amended to read:
1998     627.711  Notice of premium discounts for hurricane loss
1999mitigation; uniform mitigation verification inspection form.-
2000     (2)  By July 1, 2007, the Financial Services Commission
2001shall develop by rule a uniform mitigation verification
2002inspection form that shall be used by all insurers when
2003submitted by policyholders for the purpose of factoring
2004discounts for wind insurance. In developing the form, the
2005commission shall seek input from insurance, construction, and
2006building code representatives. Further, the commission shall
2007provide guidance as to the length of time the inspection results
2008are valid. An insurer shall accept as valid a uniform mitigation
2009verification form certified by the Department of Financial
2010Services or signed by:
2011     (a)  A hurricane mitigation inspector certified by the My
2012Safe Florida Home program;
2013     (b)  A building code inspector certified under s. 468.607;
2014     (c)  A general, building, or residential contractor
2015licensed under s. 489.111;
2016     (d)  A professional engineer licensed under s. 471.015 who
2017has passed the appropriate equivalency test of the Building Code
2018Training Program as required by s. 553.841;
2019     (e)  A professional architect licensed under s. 481.213; or
2020     (f)  A home inspector licensed under s. 468.8314 who has
2021completed at least 2 hours of mitigation training; or
2022     (g)(f)  Any other individual or entity recognized by the
2023insurer as possessing the necessary qualifications to properly
2024complete a uniform mitigation verification form.
2025     Section 46.  Subsections (7) through (28) of section
2026633.021, Florida Statutes, are renumbered as subsections (8)
2027through (29), respectively, a new subsection (7) is added to
2028that section, and present subsection (20) of that section is
2029amended, to read:
2030     633.021  Definitions.-As used in this chapter:
2031     (7)(a)  "Fire equipment dealer Class A" means a licensed
2032fire equipment dealer whose business is limited to servicing,
2033recharging, repairing, installing, or inspecting all types of
2034fire extinguishers and conducting hydrostatic tests on all types
2035of fire extinguishers.
2036     (b)  "Fire equipment dealer Class B" means a licensed fire
2037equipment dealer whose business is limited to servicing,
2038recharging, repairing, installing, or inspecting all types of
2039fire extinguishers, including recharging carbon dioxide units
2040and conducting hydrostatic tests on all types of fire
2041extinguishers, except carbon dioxide units.
2042     (c)  "Fire equipment dealer Class C" means a licensed fire
2043equipment dealer whose business is limited to servicing,
2044recharging, repairing, installing, or inspecting all types of
2045fire extinguishers, except recharging carbon dioxide units, and
2046conducting hydrostatic tests on all types of fire extinguishers,
2047except carbon dioxide units.
2048     (d)  "Fire equipment dealer Class D" means a licensed fire
2049equipment dealer whose business is limited to servicing,
2050recharging, repairing, installing, hydrotesting, or inspecting
2051of all types of preengineered fire extinguishing systems.
2052     (21)(a)(20)  A "preengineered system" is a fire suppression
2053system which:
2054     1.(a)  Uses any of a variety of extinguishing agents.
2055     2.(b)  Is designed to protect specific hazards.
2056     3.(c)  Must be installed according to pretested limitations
2057and configurations specified by the manufacturer and applicable
2058National Fire Protection Association (NFPA) standards. Only
2059those chapters within the National Fire Protection Association
2060standards that pertain to servicing, recharging, repairing,
2061installing, hydrotesting, or inspecting any type of
2062preengineered fire extinguishing system may be used.
2063     4.(d)  Must be installed using components specified by the
2064manufacturer or components that are listed as equal parts by a
2065nationally recognized testing laboratory such as Underwriters
2066Laboratories, Inc., or Factory Mutual Laboratories, Inc.
2067     5.(e)  Must be listed by a nationally recognized testing
2068laboratory.
2069     (b)  Preengineered systems consist of and include all of
2070the components and parts providing fire suppression protection,
2071but do not include the equipment being protected, and may
2072incorporate special nozzles, flow rates, methods of application,
2073pressurization levels, and quantities of agents designed by the
2074manufacturer for specific hazards.
2075     Section 47.  Paragraph (b) of subsection (3) of section
2076633.0215, Florida Statutes, is amended, and subsections (13) and
2077(14) are added to that section, to read:
2078     633.0215  Florida Fire Prevention Code.-
2079     (3)  No later than 180 days before the triennial adoption
2080of the Florida Fire Prevention Code, the State Fire Marshal
2081shall notify each municipal, county, and special district fire
2082department of the triennial code adoption and steps necessary
2083for local amendments to be included within the code. No later
2084than 120 days before the triennial adoption of the Florida Fire
2085Prevention Code, each local jurisdiction shall provide the State
2086Fire Marshal with copies of its local fire code amendments. The
2087State Fire Marshal has the option to process local fire code
2088amendments that are received less than 120 days before the
2089adoption date of the Florida Fire Prevention Code.
2090     (b)  Any local amendment to the Florida Fire Prevention
2091Code adopted by a local government shall be effective only until
2092the adoption of the new edition of the Florida Fire Prevention
2093Code, which shall be every third year. At such time, the State
2094Fire Marshal shall adopt such amendment as part of the Florida
2095Fire Prevention Code or rescind the amendment. The State Fire
2096Marshal shall immediately notify the respective local government
2097of the rescission of the amendment and the reason for the
2098rescission. After receiving such notice, the respective local
2099government may readopt the rescinded amendment. Incorporation of
2100local amendments as regional and local concerns and variations
2101shall be considered as adoption of an amendment pursuant to this
2102section part.
2103     (13)(a)  The State Fire Marshal shall issue an expedited
2104declaratory statement relating to interpretations of provisions
2105of the Florida Fire Prevention Code according to the following
2106guidelines:
2107     1.  The declaratory statement shall be rendered in
2108accordance with s. 120.565, except that a final decision must be
2109issued by the State Fire Marshal within 45 days after the
2110division's receipt of a petition seeking an expedited
2111declaratory statement. The State Fire Marshal shall give notice
2112of the petition and the expedited declaratory statement or the
2113denial of the petition in the next available issue of the
2114Florida Administrative Weekly after the petition is filed and
2115after the statement or denial is rendered.
2116     2.  The petitioner must be the owner of the disputed
2117project or the owner's representative.
2118     3.  The petition for an expedited declaratory statement
2119must be:
2120     a.  Related to an active project that is under construction
2121or must have been submitted for a permit.
2122     b.  The subject of a written notice citing a specific
2123provision of the Florida Fire Prevention Code which is in
2124dispute.
2125     c.  Limited to a single question that is capable of being
2126answered with a "yes" or "no" response.
2127     (b)  A petition for a declaratory statement which does not
2128meet all of the requirements of this subsection must be denied
2129without prejudice. This subsection does not affect the right of
2130the petitioner as a substantially affected person to seek a
2131declaratory statement under s. 633.01(6).
2132     (14)  A condominium that is one or two stories in height
2133and has an exterior corridor providing a means of egress is
2134exempt from installing a manual fire alarm system as required in
2135s. 9.6 of the most recent edition of the Life Safety Code
2136adopted in the Florida Fire Prevention Code.
2137     Section 48.  Subsections (2) and (10) of section 633.0245,
2138Florida Statutes, are amended to read:
2139     633.0245  State Fire Marshal Nursing Home Fire Protection
2140Loan Guarantee Program.-
2141     (2)  The State Fire Marshal may enter into limited loan
2142guarantee agreements with one or more financial institutions
2143qualified as public depositories in this state. Such agreements
2144shall provide a limited guarantee by the State of Florida
2145covering no more than 50 percent of the principal sum loaned by
2146such financial institution to an eligible nursing home, as
2147defined in subsection (10), for the sole purpose of the initial
2148installation at such nursing home of a fire protection system,
2149as defined in s. 633.021(10)(9), approved by the State Fire
2150Marshal as being in compliance with the provisions of s. 633.022
2151and rules adopted thereunder.
2152     (10)  For purposes of this section, "eligible nursing home"
2153means a nursing home facility that provides nursing services as
2154defined in chapter 464, is licensed under part II of chapter
2155400, and is certified by the Agency for Health Care
2156Administration to lack an installed fire protection system as
2157defined in s. 633.021(10)(9).
2158     Section 49.  Subsection (10) of section 633.025, Florida
2159Statutes, is amended to read:
2160     633.025  Minimum firesafety standards.-
2161     (10)(a)  Before imposing a fire sprinkler requirement on
2162any one- or two-family dwelling, a local government must provide
2163the owner of any one- or two-family dwelling a letter
2164documenting specific infrastructure or other tax or fee
2165allowances and waivers that are listed in but not limited to
2166those described in subsection (9) for the dwelling. The
2167documentation must show that the cost savings reasonably
2168approximate the cost of the purchase and installation of a fire
2169protection system.
2170     (b)  Notwithstanding any other provision of law, ordinance,
2171or rule, a single-family dwelling unit shall not be required to
2172have fire sprinklers irrespective of the use or occupancy
2173category of that unit.
2174     Section 50.  Section 633.026, Florida Statutes, is amended
2175to read:
2176     633.026  Legislative intent; informal interpretations of
2177the Florida Fire Prevention Code.-It is the intent of the
2178Legislature that the Florida Fire Prevention Code be interpreted
2179by fire officials and local enforcement agencies in a manner
2180that reasonably and cost-effectively protects the public safety,
2181health, and welfare, ensures uniform interpretations throughout
2182this state, and provides just and expeditious processes for
2183resolving disputes regarding such interpretations. It is the
2184further intent of the Legislature that such processes provide
2185for the expeditious resolution of the issues presented and that
2186the resulting interpretation of such issues be published on the
2187website of the Division of State Fire Marshal.
2188     (1)  The Division of State Fire Marshal shall by rule
2189establish an informal process of rendering nonbinding
2190interpretations of the Florida Fire Prevention Code. The
2191Division of State Fire Marshal may contract with and refer
2192interpretive issues to a third party, selected based upon cost
2193effectiveness, quality of services to be performed, and other
2194performance-based criteria, which nonprofit organization that
2195has experience in interpreting and enforcing the Florida Fire
2196Prevention Code. The Division of State Fire Marshal shall
2197immediately implement the process prior to the completion of
2198formal rulemaking. It is the intent of the Legislature that the
2199Division of State Fire Marshal establish create a Fire Code
2200Interpretation Committee composed of seven persons and seven
2201alternates, equally representing each area of the state process
2202to refer questions to a small group of individuals certified
2203under s. 633.081(2), to which a party can pose questions
2204regarding the interpretation of the Florida Fire Prevention Code
2205provisions.
2206     (2)  Each member and alternate member of the Fire Code
2207Interpretation Committee must be certified as a firesafety
2208inspector pursuant to s. 633.081(2) and must have a minimum of 5
2209years of experience interpreting and enforcing the Florida Fire
2210Prevention Code and the Life Safety Code. Each member and
2211alternate member must be approved by the Division of State Fire
2212Marshal and deemed by the division to have met these
2213requirements for at least 30 days before participating in a
2214review of a nonbinding interpretation. It is the intent of the
2215Legislature that the process provide for the expeditious
2216resolution of the issues presented and publication of the
2217resulting interpretation on the website of the Division of State
2218Fire Marshal. It is the intent of the Legislature that this
2219program be similar to the program established by the Florida
2220Building Commission in s. 553.775(3)(g).
2221     (3)  Each nonbinding interpretation of code provisions must
2222be provided within 10 business days after receipt of a request
2223for interpretation. The response period established in this
2224subsection may be waived only with the written consent of the
2225party requesting the nonbinding interpretation and the Division
2226of State Fire Marshal. Nonbinding Such interpretations shall be
2227advisory only and nonbinding on the parties or the State Fire
2228Marshal.
2229     (4)  In order to administer this section, the Division of
2230State Fire Marshal shall charge department may adopt by rule and
2231impose a fee for nonbinding interpretations, with payment made
2232directly to the third party. The fee may not exceed $150 for
2233each request for a review or interpretation. The division may
2234authorize payment of fees directly to the nonprofit organization
2235under contract pursuant to subsection (1).
2236     (5)  A party requesting a nonbinding interpretation who
2237disagrees with the interpretation issued under this section may
2238apply for a formal interpretation from the State Fire Marshal
2239pursuant to s. 633.01(6).
2240     (6)  The Division of State Fire Marshal shall issue or
2241cause to be issued a nonbinding interpretation of the Florida
2242Fire Prevention Code pursuant to this section when requested to
2243do so upon submission of a petition by a fire official or by the
2244owner or owner's representative or the contractor or
2245contractor's representative of a project in dispute. The
2246division shall adopt a petition form by rule and the petition
2247form must be published on the State Fire Marshal's website. The
2248form shall, at a minimum, require:
2249     (a)  The name and address of the local fire official,
2250including the address of the county, municipality, or special
2251district.
2252     (b)  The name and address of the owner or owner's
2253representative or the contractor or contractor's representative.
2254     (c)  A statement of the specific sections of the Florida
2255Fire Prevention Code being interpreted by the local fire
2256official.
2257     (d)  An explanation of how the petitioner's substantial
2258interests are being affected by the local interpretation of the
2259Florida Fire Prevention Code.
2260     (e)  A statement of the interpretation of the specific
2261sections of the Florida Fire Prevention Code by the local fire
2262official.
2263     (f)  A statement of the interpretation that the petitioner
2264contends should be given to the specific sections of the Florida
2265Fire Prevention Code and a statement supporting the petitioner's
2266interpretation.
2267     (7)  Upon receipt of a petition that meets the requirements
2268of subsection (6), the Division of State Fire Marshal shall
2269immediately provide copies of the petition to the Fire Code
2270Interpretation Committee, and shall publish the petition and any
2271response submitted by the local fire official on the State Fire
2272Marshal's website.
2273     (8)  The committee shall conduct proceedings as necessary
2274to resolve the issues and give due regard to the petition, the
2275facts of the matter at issue, specific code sections cited, and
2276any statutory implications affecting the Florida Fire Prevention
2277Code. The committee shall issue an interpretation regarding the
2278provisions of the Florida Fire Prevention Code within 10 days
2279after the filing of a petition. The committee shall issue an
2280interpretation based upon the Florida Fire Prevention Code or,
2281if the code is ambiguous, the intent of the code. The
2282committee's interpretation shall be provided to the petitioner
2283and shall include a notice that if the petitioner disagrees with
2284the interpretation, the petitioner may file a request for formal
2285interpretation by the State Fire Marshal under s. 633.01(6). The
2286committee's interpretation shall be provided to the State Fire
2287Marshal, and the division shall publish the interpretation on
2288the State Fire Marshal's website and in the Florida
2289Administrative Weekly.
2290     Section 51.  Subsections (2) through (10) of section
2291633.061, Florida Statutes, are renumbered as subsections (3)
2292through (11), respectively, a new subsection (2) is added to
2293that section, and paragraphs (a) and (c) of present subsection
2294(3) of that section are amended, to read:
2295     633.061  Fire suppression equipment; license to install or
2296maintain.-
2297     (2)  A person who holds a valid fire equipment dealer
2298license may maintain such license in an inactive status during
2299which time he or she may not engage in any work under the
2300definition of the license held. An inactive status license shall
2301be void after 2 years or at the time that the license is
2302renewed, whichever comes first. The biennial renewal fee for an
2303inactive status license shall be $75. An inactive status license
2304may not be reactivated unless the continuing education
2305requirements of this chapter have been fulfilled.
2306     (4)(3)(a)  Such licenses and permits shall be issued by the
2307State Fire Marshal for 2 years beginning January 1, 2000, and
2308each 2-year period thereafter and expiring December 31 of the
2309second year. All licenses or permits issued will expire on
2310December 31 of each odd-numbered year. The failure to renew a
2311license or permit by December 31 of the second year will cause
2312the license or permit to become inoperative. The holder of an
2313inoperative license or permit shall not engage in any activities
2314for which a license or permit is required by this section. A
2315license or permit which is inoperative because of the failure to
2316renew it shall be restored upon payment of the applicable fee
2317plus a penalty equal to the applicable fee, if the application
2318for renewal is filed no later than the following March 31. If
2319the application for restoration is not made before the March
232031st deadline, the fee for restoration shall be equal to the
2321original application fee and the penalty provided for herein,
2322and, in addition, the State Fire Marshal shall require
2323reexamination of the applicant. The fee for a license or permit
2324issued for 1 year or less shall be prorated at 50 percent of the
2325applicable fee for a biennial license or permit. After initial
2326licensure, each licensee or permittee must shall successfully
2327complete a course or courses of continuing education for fire
2328equipment technicians of at least 16 32 hours. A license or
2329permit may not be renewed unless the licensee or permittee
2330produces documentation of the completion of at least 16 hours of
2331continuing education for fire equipment technicians during the
2332biennial licensure period within 4 years of initial issuance of
2333a license or permit and within each 4-year period thereafter or
2334no such license or permit shall be renewed. A person who is both
2335a licensee and a permittee shall be required to complete 16 32
2336hours of continuing education during each renewal per 4-year
2337period. Each licensee shall ensure that all permittees in his or
2338her employment meet their continuing education requirements. The
2339State Fire Marshal shall adopt rules describing the continuing
2340education requirements and shall have the authority upon
2341reasonable belief, to audit a fire equipment dealer to determine
2342compliance with continuing education requirements.
2343     (c)  A license of any class shall not be issued or renewed
2344by the State Fire Marshal and a license of any class shall not
2345remain operative unless:
2346     1.  The applicant has submitted to the State Fire Marshal
2347evidence of registration as a Florida corporation or evidence of
2348compliance with s. 865.09.
2349     2.  The State Fire Marshal or his or her designee has by
2350inspection determined that the applicant possesses the equipment
2351required for the class of license sought. The State Fire Marshal
2352shall give an applicant a reasonable opportunity to correct any
2353deficiencies discovered by inspection. A fee of $50, payable to
2354the State Fire Marshal, shall be required for any subsequent
2355reinspection.
2356     3.  The applicant has submitted to the State Fire Marshal
2357proof of insurance providing coverage for comprehensive general
2358liability for bodily injury and property damage, products
2359liability, completed operations, and contractual liability. The
2360State Fire Marshal shall adopt rules providing for the amounts
2361of such coverage, but such amounts shall not be less than
2362$300,000 for Class A or Class D licenses, $200,000 for Class B
2363licenses, and $100,000 for Class C licenses; and the total
2364coverage for any class of license held in conjunction with a
2365Class D license shall not be less than $300,000. The State Fire
2366Marshal may, at any time after the issuance of a license or its
2367renewal, require upon demand, and in no event more than 30 days
2368after notice of such demand, the licensee to provide proof of
2369insurance, on a form provided by the State Fire Marshal,
2370containing confirmation of insurance coverage as required by
2371this chapter. Failure, for any length of time, to provide proof
2372of insurance coverage as required shall result in the immediate
2373suspension of the license until proof of proper insurance is
2374provided to the State Fire Marshal. An insurer which provides
2375such coverage shall notify the State Fire Marshal of any change
2376in coverage or of any termination, cancellation, or nonrenewal
2377of any coverage.
2378     4.  The applicant applies to the State Fire Marshal,
2379provides proof of experience, and successfully completes a
2380prescribed training course offered by the State Fire College or
2381an equivalent course approved by the State Fire Marshal. This
2382subparagraph does not apply to any holder of or applicant for a
2383permit under paragraph (f) or to a business organization or a
2384governmental entity seeking initial licensure or renewal of an
2385existing license solely for the purpose of inspecting,
2386servicing, repairing, marking, recharging, and maintaining fire
2387extinguishers used and located on the premises of and owned by
2388such organization or entity.
2389     5.  The applicant has a current retestor identification
2390number that is appropriate for the license for which the
2391applicant is applying and that is listed with the United States
2392Department of Transportation.
2393     6.  The applicant has passed, with a grade of at least 70
2394percent, a written examination testing his or her knowledge of
2395the rules and statutes regulating the activities authorized by
2396the license and demonstrating his or her knowledge and ability
2397to perform those tasks in a competent, lawful, and safe manner.
2398Such examination shall be developed and administered by the
2399State Fire Marshal, or his or her designee in accordance with
2400policies and procedures of the State Fire Marshal. An applicant
2401shall pay a nonrefundable examination fee of $50 for each
2402examination or reexamination scheduled. No reexamination shall
2403be scheduled sooner than 30 days after any administration of an
2404examination to an applicant. No applicant shall be permitted to
2405take an examination for any level of license more than a total
2406of four times during 1 year, regardless of the number of
2407applications submitted. As a prerequisite to licensure of the
2408applicant:
2409     a.  Must be at least 18 years of age.
2410     b.  Must have 4 years of proven experience as a fire
2411equipment permittee at a level equal to or greater than the
2412level of license applied for or have a combination of education
2413and experience determined to be equivalent thereto by the State
2414Fire Marshal. Having held a permit at the appropriate level for
2415the required period constitutes the required experience.
2416     c.  Must not have been convicted of, or pled nolo
2417contendere to, any felony. If an applicant has been convicted of
2418any such felony, the applicant must comply with s.
2419112.011(1)(b).
2420
2421This subparagraph does not apply to any holder of or applicant
2422for a permit under paragraph (f) or to a business organization
2423or a governmental entity seeking initial licensure or renewal of
2424an existing license solely for the purpose of inspecting,
2425servicing, repairing, marking, recharging, hydrotesting, and
2426maintaining fire extinguishers used and located on the premises
2427of and owned by such organization or entity.
2428     Section 52.  Section 633.081, Florida Statutes, is amended
2429to read:
2430     633.081  Inspection of buildings and equipment; orders;
2431firesafety inspection training requirements; certification;
2432disciplinary action.-The State Fire Marshal and her or his
2433agents shall, at any reasonable hour, when the State Fire
2434Marshal department has reasonable cause to believe that a
2435violation of this chapter or s. 509.215, or a rule promulgated
2436thereunder, or a minimum firesafety code adopted by a local
2437authority, may exist, inspect any and all buildings and
2438structures which are subject to the requirements of this chapter
2439or s. 509.215 and rules promulgated thereunder. The authority to
2440inspect shall extend to all equipment, vehicles, and chemicals
2441which are located within the premises of any such building or
2442structure.
2443     (1)  Each county, municipality, and special district that
2444has firesafety enforcement responsibilities shall employ or
2445contract with a firesafety inspector. Except as provided in s.
2446633.082(2), the firesafety inspector must conduct all firesafety
2447inspections that are required by law. The governing body of a
2448county, municipality, or special district that has firesafety
2449enforcement responsibilities may provide a schedule of fees to
2450pay only the costs of inspections conducted pursuant to this
2451subsection and related administrative expenses. Two or more
2452counties, municipalities, or special districts that have
2453firesafety enforcement responsibilities may jointly employ or
2454contract with a firesafety inspector.
2455     (2)  Except as provided in s. 633.082(2), every firesafety
2456inspection conducted pursuant to state or local firesafety
2457requirements shall be by a person certified as having met the
2458inspection training requirements set by the State Fire Marshal.
2459Such person shall:
2460     (a)  Be a high school graduate or the equivalent as
2461determined by the department;
2462     (b)  Not have been found guilty of, or having pleaded
2463guilty or nolo contendere to, a felony or a crime punishable by
2464imprisonment of 1 year or more under the law of the United
2465States, or of any state thereof, which involves moral turpitude,
2466without regard to whether a judgment of conviction has been
2467entered by the court having jurisdiction of such cases;
2468     (c)  Have her or his fingerprints on file with the
2469department or with an agency designated by the department;
2470     (d)  Have good moral character as determined by the
2471department;
2472     (e)  Be at least 18 years of age;
2473     (f)  Have satisfactorily completed the firesafety inspector
2474certification examination as prescribed by the department; and
2475     (g)1.  Have satisfactorily completed, as determined by the
2476department, a firesafety inspector training program of not less
2477than 200 hours established by the department and administered by
2478agencies and institutions approved by the department for the
2479purpose of providing basic certification training for firesafety
2480inspectors; or
2481     2.  Have received in another state training which is
2482determined by the department to be at least equivalent to that
2483required by the department for approved firesafety inspector
2484education and training programs in this state.
2485     (3)  Each special state firesafety inspection which is
2486required by law and is conducted by or on behalf of an agency of
2487the state must be performed by an individual who has met the
2488provision of subsection (2), except that the duration of the
2489training program shall not exceed 120 hours of specific training
2490for the type of property that such special state firesafety
2491inspectors are assigned to inspect.
2492     (4)  A firefighter certified pursuant to s. 633.35 may
2493conduct firesafety inspections, under the supervision of a
2494certified firesafety inspector, while on duty as a member of a
2495fire department company conducting inservice firesafety
2496inspections without being certified as a firesafety inspector,
2497if such firefighter has satisfactorily completed an inservice
2498fire department company inspector training program of at least
249924 hours' duration as provided by rule of the department.
2500     (5)  Every firesafety inspector or special state firesafety
2501inspector certificate is valid for a period of 3 years from the
2502date of issuance. Renewal of certification shall be subject to
2503the affected person's completing proper application for renewal
2504and meeting all of the requirements for renewal as established
2505under this chapter or by rule promulgated thereunder, which
2506shall include completion of at least 40 hours during the
2507preceding 3-year period of continuing education as required by
2508the rule of the department or, in lieu thereof, successful
2509passage of an examination as established by the department.
2510     (6)  The State Fire Marshal may deny, refuse to renew,
2511suspend, or revoke the certificate of a firesafety inspector or
2512special state firesafety inspector if it finds that any of the
2513following grounds exist:
2514     (a)  Any cause for which issuance of a certificate could
2515have been refused had it then existed and been known to the
2516State Fire Marshal.
2517     (b)  Violation of this chapter or any rule or order of the
2518State Fire Marshal.
2519     (c)  Falsification of records relating to the certificate.
2520     (d)  Having been found guilty of or having pleaded guilty
2521or nolo contendere to a felony, whether or not a judgment of
2522conviction has been entered.
2523     (e)  Failure to meet any of the renewal requirements.
2524     (f)  Having been convicted of a crime in any jurisdiction
2525which directly relates to the practice of fire code inspection,
2526plan review, or administration.
2527     (g)  Making or filing a report or record that the
2528certificateholder knows to be false, or knowingly inducing
2529another to file a false report or record, or knowingly failing
2530to file a report or record required by state or local law, or
2531knowingly impeding or obstructing such filing, or knowingly
2532inducing another person to impede or obstruct such filing.
2533     (h)  Failing to properly enforce applicable fire codes or
2534permit requirements within this state which the
2535certificateholder knows are applicable by committing willful
2536misconduct, gross negligence, gross misconduct, repeated
2537negligence, or negligence resulting in a significant danger to
2538life or property.
2539     (i)  Accepting labor, services, or materials at no charge
2540or at a noncompetitive rate from any person who performs work
2541that is under the enforcement authority of the certificateholder
2542and who is not an immediate family member of the
2543certificateholder. For the purpose of this paragraph, the term
2544"immediate family member" means a spouse, child, parent,
2545sibling, grandparent, aunt, uncle, or first cousin of the person
2546or the person's spouse or any person who resides in the primary
2547residence of the certificateholder.
2548     (7)  The Division of State Fire Marshal and the Florida
2549Building Code Administrators and Inspectors Board, established
2550pursuant to under s. 468.605, shall enter into a reciprocity
2551agreement to facilitate joint recognition of continuing
2552education recertification hours for certificateholders licensed
2553under s. 468.609 and firesafety inspectors certified under
2554subsection (2).
2555     (8)  The State Fire Marshal shall develop by rule an
2556advanced training and certification program for firesafety
2557inspectors having fire code management responsibilities. The
2558program must be consistent with the appropriate provisions of
2559NFPA 1037, or similar standards adopted by the division, and
2560establish minimum training, education, and experience levels for
2561firesafety inspectors having fire code management
2562responsibilities.
2563     (9)(7)  The department shall provide by rule for the
2564certification of firesafety inspectors.
2565     Section 53.  Subsections (2) and (3) of section 633.082,
2566Florida Statutes, are amended to read:
2567     633.082  Inspection of fire control systems, fire hydrants,
2568and fire protection systems.-
2569     (2)  Fire hydrants and fire protection systems installed in
2570public and private properties, except one-family or two-family
2571dwellings, in this state shall be inspected following procedures
2572established in the nationally recognized inspection, testing,
2573and maintenance standards publications NFPA-24 and NFPA-25 as
2574set forth in the edition adopted by the State Fire Marshal.
2575Quarterly, annual, 3-year, and 5-year inspections consistent
2576with the contractual provisions with the owner shall be
2577conducted by the certificateholder or permittees employed by the
2578certificateholder pursuant to s. 633.521, except that:
2579     (a)  Public fire hydrants owned by a governmental entity
2580shall be inspected following procedures established in the
2581inspection, testing, and maintenance standards adopted by the
2582State Fire Marshal or equivalent standards such as those
2583contained in the latest edition of the American Water Works
2584Association's Manual M17, "Installation, Field Testing, and
2585Maintenance of Fire Hydrants."
2586     (b)  County, municipal, and special district utilities may
2587perform fire hydrant inspections required by this section using
2588designated employees. Such designated employees need not be
2589certified under this chapter. However, counties, municipalities,
2590or special districts that use designated employees are
2591responsible for ensuring that the designated employees are
2592qualified to perform such inspections.
2593     (3)  The inspecting contractor shall provide to the
2594building owner or hydrant owner and the local authority having
2595jurisdiction a copy of the applicable inspection report
2596established under this chapter. The maintenance of fire hydrant
2597and fire protection systems as well as corrective actions on
2598deficient systems is the responsibility of the owner of the
2599system or hydrant. Equipment requiring periodic testing or
2600operation to ensure its maintenance shall be tested or operated
2601as specified in the Fire Prevention Code, Life Safety Code,
2602National Fire Protection Association standards, or as directed
2603by the agency having jurisdiction, provided that such agency
2604shall not require a sprinkler system not required by the Fire
2605Prevention Code, Life Safety Code or National Fire Protection
2606Association Standards to be removed regardless of its condition.
2607This section does not prohibit governmental entities from
2608inspecting and enforcing firesafety codes.
2609     Section 54.  Section 633.352, Florida Statutes, is amended
2610to read:
2611     633.352  Retention of firefighter certification.-Any
2612certified firefighter who has not been active as a firefighter,
2613or as a volunteer firefighter with an organized fire department,
2614for a period of 3 years shall be required to retake the
2615practical portion of the minimum standards state examination
2616specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
2617Administrative Code, in order to maintain her or his
2618certification as a firefighter; however, this requirement does
2619not apply to state-certified firefighters who are certified and
2620employed as full-time firesafety inspectors or firesafety
2621instructors, regardless of the firefighter's employment status
2622as determined by the division. The 3-year period begins on the
2623date the certificate of compliance is issued or upon termination
2624of service with an organized fire department.
2625     Section 55.  Paragraph (e) of subsection (2) and
2626subsections (3), (10), and (11) of section 633.521, Florida
2627Statutes, are amended to read:
2628     633.521  Certificate application and issuance; permit
2629issuance; examination and investigation of applicant.-
2630     (2)
2631     (e)  An applicant may not be examined more than four times
2632during 1 year for certification as a contractor pursuant to this
2633section unless the person is or has been certified and is taking
2634the examination to change classifications. If an applicant does
2635not pass one or more parts of the examination, she or he may
2636take any part of the examination three more times during the 1-
2637year period beginning upon the date she or he originally filed
2638an application to take the examination. If the applicant does
2639not pass the examination within that 1-year period, she or he
2640must file a new application and pay the application and
2641examination fees in order to take the examination or a part of
2642the examination again. However, the applicant may not file a new
2643application sooner than 6 months after the date of her or his
2644last examination. An applicant who passes the examination but
2645does not meet the remaining qualifications as provided in
2646applicable statutes and rules within 1 year after the
2647application date must file a new application, pay the
2648application and examination fee, successfully complete a
2649prescribed training course approved by the State Fire College or
2650an equivalent course approved by the State Fire Marshal, and
2651retake and pass the written examination.
2652     (3)(a)  As a prerequisite to taking the examination for
2653certification as a Contractor I, Contractor II, or Contractor
2654III, the applicant must be at least 18 years of age, be of good
2655moral character, and shall possess 4 years' proven experience in
2656the employment of a fire protection system Contractor I,
2657Contractor II, or Contractor III or a combination of equivalent
2658education and experience in both water-based and chemical fire
2659suppression systems.
2660     (b)  As a prerequisite to taking the examination for
2661certification as a Contractor II, the applicant must be at least
266218 years of age, be of good moral character, and have 4 years of
2663verifiable employment experience with a fire protection system
2664as a Contractor I or Contractor II, or a combination of
2665equivalent education and experience in water-based fire
2666suppression systems.
2667     (c)  Required education and experience for certification as
2668a Contractor I, Contractor II, Contractor III, or Contractor IV
2669includes training and experience in both installation and system
2670layout as defined in s. 633.021.
2671     (d)  As a prerequisite to taking the examination for
2672certification as a Contractor III, the applicant must be at
2673least 18 years of age, be of good moral character, and have 4
2674years of verifiable employment experience with a fire protection
2675system as a Contractor I or Contractor II, or a combination of
2676equivalent education and experience in chemical fire suppression
2677systems.
2678     (e)  As a prerequisite to taking the examination for
2679certification as a Contractor IV, the applicant must shall be at
2680least 18 years old, be of good moral character, be licensed as a
2681certified plumbing contractor under chapter 489, and
2682successfully complete a training program acceptable to the State
2683Fire Marshal of not less than 40 contact hours regarding the
2684applicable installation standard used by the Contractor IV as
2685described in NFPA 13D. The State Fire Marshal may adopt rules to
2686administer this subsection have at least 2 years' proven
2687experience in the employment of a fire protection system
2688Contractor I, Contractor II, Contractor III, or Contractor IV or
2689combination of equivalent education and experience which
2690combination need not include experience in the employment of a
2691fire protection system contractor.
2692     (f)  As a prerequisite to taking the examination for
2693certification as a Contractor V, the applicant must shall be at
2694least 18 years old, be of good moral character, and have been
2695licensed as a certified underground utility and excavation
2696contractor or certified plumbing contractor pursuant to chapter
2697489, have verification by an individual who is licensed as a
2698certified utility contractor or certified plumbing contractor
2699pursuant to chapter 489 that the applicant has 4 years' proven
2700experience in the employ of a certified underground utility and
2701excavation contractor or certified plumbing contractor, or have
2702a combination of education and experience equivalent to 4 years'
2703proven experience in the employ of a certified underground
2704utility and excavation contractor or certified plumbing
2705contractor.
2706     (g)  Within 30 days after the date of the examination, the
2707State Fire Marshal shall inform the applicant in writing whether
2708she or he has qualified or not and, if the applicant has
2709qualified, that she or he is ready to issue a certificate of
2710competency, subject to compliance with the requirements of
2711subsection (4).
2712     (10)  Effective July 1, 2008, The State Fire Marshal shall
2713require the National Institute of Certification in Engineering
2714Technologies (NICET), Sub-field of Inspection and Testing of
2715Fire Protection Systems Level II or equivalent training and
2716education as determined by the division as proof that the
2717permitholders are knowledgeable about nationally accepted
2718standards for the inspection of fire protection systems. It is
2719the intent of this act, from July 1, 2005, until July 1, 2008,
2720to accept continuing education of all certificateholders'
2721employees who perform inspection functions which specifically
2722prepares the permitholder to qualify for NICET II certification.
2723     (11)  It is intended that a certificateholder, or a
2724permitholder who is employed by a certificateholder, conduct
2725inspections required by this chapter. It is understood that
2726after July 1, 2008, employee turnover may result in a depletion
2727of personnel who are certified under the NICET Sub-field of
2728Inspection and Testing of Fire Protection Systems Level II or
2729equivalent training and education as required by the Division of
2730State Fire Marshal which is required for permitholders. The
2731extensive training and experience necessary to achieve NICET
2732Level II certification is recognized. A certificateholder may
2733therefore obtain a provisional permit with an endorsement for
2734inspection, testing, and maintenance of water-based fire
2735extinguishing systems for an employee if the employee has
2736initiated procedures for obtaining Level II certification from
2737the National Institute for Certification in Engineering
2738Technologies Sub-field of Inspection and Testing of Fire
2739Protection Systems and achieved Level I certification or an
2740equivalent level as determined by the State Fire Marshal through
2741verification of experience, training, and examination. The State
2742Fire Marshal may establish rules to administer this subsection.
2743After 2 years of provisional certification, the employee must
2744have achieved NICET Level II certification or obtain equivalent
2745training and education as determined by the division, or cease
2746performing inspections requiring Level II certification. The
2747provisional permit is valid only for the 2 calendar years after
2748the date of issuance, may not be extended, and is not renewable.
2749After the initial 2-year provisional permit expires, the
2750certificateholder must wait 2 additional years before a new
2751provisional permit may be issued. The intent is to prohibit the
2752certificateholder from using employees who never reach NICET
2753Level II status, or equivalent training and education as
2754determined by the division, by continuously obtaining
2755provisional permits.
2756     Section 56.  Subsection (3) is added to section 633.524,
2757Florida Statutes, to read:
2758     633.524  Certificate and permit fees; use and deposit of
2759collected funds.-
2760     (3)  The State Fire Marshal may enter into a contract with
2761any qualified public entity or private company in accordance
2762with chapter 287 to provide examinations for any applicant for
2763any examination administered under the jurisdiction of the State
2764Fire Marshal. The State Fire Marshal may direct payments from
2765each applicant for each examination directly to such contracted
2766entity or company.
2767     Section 57.  Subsection (4) of section 633.537, Florida
2768Statutes, is amended to read:
2769     633.537  Certificate; expiration; renewal; inactive
2770certificate; continuing education.-
2771     (4)  The renewal period for the permit class is the same as
2772that for the employing certificateholder. The continuing
2773education requirements for permitholders are what is required to
2774maintain NICET Sub-field of Inspection and Testing of Fire
2775Protection Systems Level II, equivalent training and education
2776as determined by the division, or higher certification plus 8
2777contact hours of continuing education approved by the State Fire
2778Marshal during each biennial renewal period thereafter. The
2779continuing education curriculum from July 1, 2005, until July 1,
27802008, shall be the preparatory curriculum for NICET II
2781certification; after July 1, 2008, the technical curriculum is
2782at the discretion of the State Fire Marshal and may be used to
2783meet the maintenance of NICET Level II certification and 8
2784contact hours of continuing education requirements. It is the
2785responsibility of the permitholder to maintain NICET II
2786certification or equivalent training and education as determined
2787by the division as a condition of permit renewal after July 1,
27882008.
2789     Section 58.  Subsection (4) of section 633.72, Florida
2790Statutes, is amended to read:
2791     633.72  Florida Fire Code Advisory Council.-
2792     (4)  Each appointee shall serve a 4-year term. No member
2793shall serve more than two consecutive terms one term. No member
2794of the council shall be paid a salary as such member, but each
2795shall receive travel and expense reimbursement as provided in s.
2796112.061.
2797     Section 59.  Subsection (6) of section 718.113, Florida
2798Statutes, is repealed.
2799     Section 60.  The Florida Building Commission shall revise
2800the Florida Building Code in order to make it consistent with
2801the revisions made by this act to s. 399.02, Florida Statutes.
2802     Section 61.  This act shall take effect July 1, 2010.


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