July 17, 2019
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CS/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; creating s. 455.2122, F.S.;
17authorizing distance learning courses as an alternative to
18classroom instruction for certain licenses; prohibiting
19the department or regulatory board from requiring
20centralized licensing examinations for certain licenses;
21creating s. 455.2123, F.S.; authorizing distance learning
22courses as an alternative to classroom instruction for
23certain licenses; prohibiting the department or a
24regulatory board from requiring centralized licensing
25examinations for certain licenses; amending s. 468.631,
26F.S.; revising the amount of a surcharge and imposing the
27surcharge on certain building permits; requiring the unit
28of government collecting the surcharge to remit the funds
29to the Department of Business and Professional Regulation;
30requiring the unit of government collecting the surcharge
31to retain a portion of the funds to fund certain
32activities of building departments; requiring that the
33remaining funds from the surcharge be used to fund the
34Florida Homeowners' Construction Recovery Fund and the
35Florida Building Code Administrators and Inspectors Board;
36amending s. 468.83, F.S.; providing for the creation of
37the home inspection services licensing program within the
38Department of Business and Professional Regulation;
39amending s. 468.8311, F.S.; revising the term "home
40inspection services"; amending s. 468.8312, F.S.; deleting
41a fee provision for certain certificates of authorization;
42amending s. 468.8313, F.S.; revising examination
43requirements for licensure as a home inspector; providing
44fingerprinting requirements and procedures for license
45applications; providing that the applicant is responsible
46for certain costs; amending s. 468.8318, F.S.; revising
47requirements and procedures for certification of
48corporations and partnerships offering home inspection
49services to the public; deleting provisions relating to
50required certificates of authorization; amending s.
51468.8319, F.S.; delaying the enforcement of a prohibition
52against performing certain activities by a person who is
53not licensed as a home inspector; revising certain
54prohibitions with respect to providers of home inspection
55services; amending s. 468.832, F.S.; providing an
56additional ground for taking certain disciplinary actions;
57amending s. 468.8324, F.S.; specifying additional
58requirements for licensure as a home inspector; creating
59s. 468.8325, F.S.; requiring the department to adopt rules
60to administer part XV of ch. 468, F.S., relating to home
61inspectors; amending s. 468.84, F.S.; providing for the
62creation of the mold-related services licensing program
63within the Department of Business and Professional
64Regulation; amending s. 468.8412, F.S.; deleting a fee
65provision for certain biennial certificates of
66authorization renewal; amending s. 468.8413, F.S.;
67revising examination requirements and procedures for
68licensure as a mold assessor or mold remediator; providing
69fingerprinting requirements and procedures for license
70applications; providing that the applicant is responsible
71for certain costs; amending s. 468.8414, F.S.; specifying
72an additional applicant qualification criterion for
73licensure by endorsement; amending s. 468.8418, F.S.;
74revising requirements and procedures for certification of
75corporations and partnerships offering mold assessment or
76mold remediation services to the public; deleting
77provisions relating to required certificates of
78authorization; amending s. 468.8419, F.S.; delaying the
79enforcement of a prohibition against performing certain
80activities by a person who is not licensed as a mold
81assessor; amending s. 468.842, F.S.; providing an
82additional ground for taking certain disciplinary actions;
83amending s. 468.8421, F.S.; specifying an insurance
84coverage requirement for mold assessors; amending s.
85468.8423, F.S.; specifying additional requirements for
86licensure as a mold assessor or mold remediator; creating
87s. 468.8424, F.S.; requiring the Department of Business
88and Professional Regulation to adopt rules to administer
89part XVI of ch. 468, F.S., relating to mold-related
90services; amending s. 489.103, F.S.; conforming a cross-
91reference; amending s. 489.5335, F.S.; revising education
92requirements for electrical trade journeyman eligibility
93to work in certain localities; amending s. 553.37, F.S.;
94authorizing manufacturers to pay inspection fees directly
95to the provider of inspection services; providing
96requirements for rules of the Department of Business and
97Professional Regulation regarding the schedule of fees;
98authorizing the department to enter into contracts for the
99performance of certain administrative duties; revising
100inspection requirements for certain custom manufactured
101buildings; amending s. 553.375, F.S.; revising the
102requirement for recertification of manufactured buildings
103prior to relocation; amending s. 553.512, F.S.; requiring
104the Florida Building Commission to establish by rule a fee
105for certain waiver requests; amending s. 553.721, F.S.;
106revising the amount of a surcharge and imposing the
107surcharge on certain building permits; requiring the unit
108of government collecting the surcharge to electronically
109remit the funds to the Department of Community Affairs;
110requiring the unit of government collecting the surcharge
111to retain a portion of the funds to fund certain
112activities of building departments; revising requirements
113for use of funds collected from the surcharge; deleting
114obsolete language; amending s. 553.73, F.S.; conforming
115cross-references; authorizing counties and municipalities
116to adopt by ordinance administrative or technical
117amendments to the Florida Building Code for certain flood-
118related purposes; specifying requirements and procedures;
119revising foundation code adoption requirements;
120authorizing the Florida Building Commission to approve
121amendments relating to equivalency of standards; exempting
122certain mausoleums from the requirements of the Florida
123Building Code; exempting certain temporary housing
124provided by the Department of Corrections from the
125requirements of the Florida Building Code; restricting the
126code, code enforcement agencies, and local governments
127from imposing requirements on certain mechanical equipment
128on roofs; providing Florida Building Code requirements for
129classroom lighting; prohibiting incorporation into the
130Florida Building Code of certain mandatory residential
131fire sprinkler provisions of the International Residential
132Code; providing an exception; amending s. 553.74, F.S.;
133specifying absence of impermissible conflicts of interest
134for certain committee or workgroup members while
135representing clients under certain circumstances;
136specifying certain prohibited activities for such members;
137amending s. 553.76, F.S.; authorizing the Florida Building
138Commission to adopt rules related to consensus-building
139decisionmaking; amending s. 553.775, F.S.; conforming a
140cross-reference; authorizing the commission to charge a
141fee for filing certain requests and for nonbinding
142interpretations; limiting fees for nonbinding
143interpretations; amending s. 553.79, F.S.; requiring
144certain inspection services to be performed under the
145alternative plans review and inspection process or by a
146local governmental entity; reenacting s. 553.80(1), F.S.,
147relating to the enforcement of the Florida Building Code,
148to incorporate the amendments made to s. 553.79, F.S., in
149a reference thereto; amending s. 553.80, F.S.; specifying
150nonapplicability of certain exemptions from the Florida
151Building Code granted by certain enforcement entities
152under certain circumstances; revising requirements for
153review of facility plans and construction surveyed for
154certain hospitals and health care facilities; amending s.
155553.841, F.S.; deleting provisions requiring that the
156Department of Community Affairs maintain, update, develop,
157or cause to be developed a core curriculum for persons who
158enforce the Florida Building Code; amending s. 553.842,
159F.S.; authorizing 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; authorizing insurers to accept forms from
193certain other persons; providing requirements for persons
194authorized to sign mitigation forms; prohibiting
195misconduct in performing hurricane mitigation inspection
196or completing uniform mitigation forms causing certain
197harm; specifying what constitutes misconduct; authorizing
198certain licensing boards to commence disciplinary
199proceedings and impose administrative fines and sanctions;
200providing for liability of mitigation inspectors;
201requiring certain entities to file reports of evidence of
202fraud; providing for immunity from liability for reporting
203fraud; providing for investigative reports from the
204Division of Insurance Fraud; providing penalties;
205authorizing insurers to require independent verification
206of uniform mitigation verification forms; amending s.
207633.021, F.S.; providing additional definitions for fire
208equipment dealers; revising the definition of the term
209"preengineered systems"; amending s. 633.0215, F.S.;
210providing guidelines for the State Fire Marshal to apply
211when issuing an expedited declaratory statement; requiring
212that the State Fire Marshal issue an expedited declaratory
213statement under certain circumstances; providing
214requirements for a petition requesting an expedited
215declaratory statement; exempting certain condominiums from
216installing manual fire alarm systems; amending s.
217633.0245, F.S.; conforming cross-references; amending s.
218633.025, F.S.; prohibiting requiring property owners to
219install fire sprinklers in certain residential property;
220amending s. 633.026, F.S.; providing legislative intent;
221revising authority of the State Fire Marshal to contract
222with and refer interpretive issues to certain entities;
223providing for the establishment of the Fire Code
224Interpretation Committee; providing for the membership of
225the committee and requirements for membership; requiring
226that nonbinding interpretations of the Florida Fire
227Prevention Code be issued within a specified period after
228a request is received; providing for the waiver of such
229requirement under certain conditions; requiring that the
230Division of State Fire Marshal charge a fee for nonbinding
231interpretations; providing that fees may be paid directly
232to a contract provider; providing requirements for
233requesting a nonbinding interpretation; requiring that the
234Division of State Fire Marshal develop a form for
235submitting a petition for a nonbinding interpretation;
236providing for a formal interpretation by the State Fire
237Marshal; requiring that an interpretation of the Florida
238Fire Prevention Code be published on the division's
239website and in the Florida Administrative Weekly; amending
240s. 626.061, F.S.; authorizing certain fire equipment
241dealer licensees to maintain inactive license status under
242certain circumstances; providing requirements; providing
243for a renewal fee; revising certain continuing education
244requirements; revising an applicant licensure
245qualification requirement; amending s. 633.081, F.S.;
246requiring that the State Fire Marshal inspect a building
247when the State Fire Marshal, rather than the Department of
248Financial Services, has cause to believe a violation has
249occurred; providing exceptions for requirements that
250certain firesafety inspections be conducted by firesafety
251inspectors; requiring that the Division of State Fire
252Marshal and the Florida Building Code Administrators and
253Inspectors Board enter into a reciprocity agreement for
254purposes of recertifying building code inspectors, plan
255inspectors, building code administrators, and firesafety
256inspectors; requiring that the State Fire Marshal develop
257by rule an advanced training and certification program for
258firesafety inspectors who have fire code management
259responsibilities; requiring that the program be consistent
260with certain standards and establish minimum training,
261education, and experience levels for such firesafety
262inspectors; amending s. 633.082, F.S.; authorizing
263alternative inspection procedures for certain fire
264hydrants; requiring periodic testing or operation of
265certain equipment; providing that nonmandated sprinkler
266systems may not be required to be removed; amending s.
267633.352, F.S.; providing an exception to requirements for
268recertification as a firefighter; amending s. 633.521,
269F.S.; revising requirements for certification as a fire
270protection system contractor; revising the prerequisites
271for taking the certification examination; authorizing the
272State Fire Marshal to accept more than one source of
273professional certification; revising legislative intent;
274amending s. 633.524, F.S.; authorizing the State Fire
275Marshal to enter into contracts for examination services;
276providing for the direct payment of examination fees to
277contract providers; amending s. 633.537, F.S.; revising
278the continuing education requirements for certain
279permitholders; amending 633.72, F.S.; revising the terms
280of service for members of the Fire Code Advisory Council;
281repealing s. 718.113(6), F.S., relating to requirements
282for 5-year inspections of certain condominium
283improvements; directing the Florida Building Commission to
284conform provisions of the Florida Building Code with
285revisions made by the act relating to the operation of
286elevators; requiring the Department of Management Services
287to consider the energy efficiency of building materials
288used for certain purposes in state buildings or
289facilities; requiring the department to adopt rules
290relating to installing high-efficiency replacement lamps
291in buildings owned by a state agency; providing effective
292dates.
293
294Be It Enacted by the Legislature of the State of Florida:
295
296     Section 1.  Subsection (6) of section 196.031, Florida
297Statutes, is amended to read:
298     196.031  Exemption of homesteads.-
299     (6)  When homestead property is damaged or destroyed by
300misfortune or calamity and the property is uninhabitable on
301January 1 after the damage or destruction occurs, the homestead
302exemption may be granted if the property is otherwise qualified
303and if the property owner notifies the property appraiser that
304he or she intends to repair or rebuild the property and live in
305the property as his or her primary residence after the property
306is repaired or rebuilt and does not claim a homestead exemption
307on any other property or otherwise violate this section. Failure
308by the property owner to commence the repair or rebuilding of
309the homestead property within 3 years after January 1 following
310the property's damage or destruction constitutes abandonment of
311the property as a homestead. After the 3-year period, the
312expiration, lapse, nonrenewal, or revocation of a building
313permit issued to the property owner for such repairs or
314rebuilding also constitutes abandonment of the property as
315homestead.
316     Section 2.  Subsection (6) of section 399.02, Florida
317Statutes, is amended, and subsections (8) and (9) are added to
318that section, to read:
319     399.02  General requirements.-
320     (6)(a)  The department is empowered to carry out all of the
321provisions of this chapter relating to the inspection and
322regulation of elevators and to enforce the provisions of the
323Florida Building Code.
324     (b)  In order to perform its duties and responsibilities
325under this section, the division may enter and have reasonable
326access to all buildings and rooms or spaces in which an existing
327or newly installed conveyance and equipment are located.
328     (8)  The division may grant variances for undue hardship
329pursuant to s. 120.542 and the rules adopted under this section.
330Such rules must include a process for requests for variances.
331The division may not grant a request for a variance unless it
332finds that the variance will not adversely affect the safety of
333the public.
334     (9)  Updates to the Safety Code for Existing Elevators and
335Escalators, ASME A17.1 and A17.3, which require Phase II
336Firefighters' Service on elevators may not be enforced until
337July 1, 2015, or until the elevator is replaced or requires
338major modification, whichever occurs first, on elevators in
339condominiums or multifamily residential buildings, including
340those that are part of a continuing care facility licensed under
341chapter 651, or similar retirement community with apartments,
342having a certificate of occupancy by the local building
343authority that was issued before July 1, 2008. This exception
344does not prevent an elevator owner from requesting a variance
345from the applicable codes before or after July 1, 2015. This
346subsection does not prohibit the division from granting
347variances pursuant to s. 120.542 and subsection (8). The
348division shall adopt rules to administer this subsection.
349     Section 3.  Present subsection (7) of section 399.15,
350Florida Statutes, is renumbered as subsection (8), and a new
351subsection (7) is added to that section to read:
352     399.15  Regional emergency elevator access.-
353     (7)  As an alternative to complying with the requirements
354of subsection (1), each building in this state which is required
355to meet the provisions of subsections (1) and (2) may instead
356provide for the installation of a uniform lock box that contains
357the keys to all elevators in the building allowing public
358access, including service and freight elevators. The uniform
359lock box must be keyed to allow all uniform lock boxes in each
360of the seven state emergency response regions to operate in fire
361emergency situations using one master key. The master key for
362the uniform lock shall be issued in accordance with subsection
363(3). The Division of State Fire Marshal of the Department of
364Financial Services shall enforce this subsection.
365     Section 4.  Section 455.2122, Florida Statutes, is created
366to read:
367     455.2122  Education.-A board, or the department where there
368is no board, shall approve distance learning courses as an
369alternative to classroom courses to satisfy prelicensure or
370postlicensure education requirements provided for in part VIII
371of chapter 468 or part I of chapter 475. A board, or the
372department when there is no board, may not require centralized
373examinations for completion of prelicensure or postlicensure
374education requirements for those professions licensed under part
375VIII of chapter 468 or part I of chapter 475.
376     Section 5.  Section 455.2123, Florida Statutes, is amended
377to read:
378     455.2123  Continuing education.-A board, or the department
379when there is no board, may provide by rule that distance
380learning may be used to satisfy continuing education
381requirements. A board, or the department when there is no board,
382shall approve distance learning courses as an alternative to
383classroom courses to satisfy continuing education requirements
384provided for in part VIII, part XV, or part XVI of chapter 468
385or part I or part II of chapter 475 and may not require
386centralized examinations for completion of continuing education
387requirements for the professions licensed under part VIII, part
388XV, or part XVI of chapter 468 or part I or part II of chapter
389475.
390     Section 6.  Effective October 1, 2010, subsection (1) of
391section 468.631, Florida Statutes, is amended to read:
392     468.631  Building Code Administrators and Inspectors Fund.-
393     (1)  This part shall be funded through a surcharge, to be
394assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
3951.5 percent of all permit fees associated with enforcement of
396the Florida Building Code as defined by the uniform account
397criteria and specifically the uniform account code for building
398permits adopted for local government financial reporting
399pursuant to s. 218.32 one-half cent per square foot of under-
400roof floor space permitted, including new construction,
401renovations, alterations, and additions. The minimum amount
402collected on any permit issued shall be $2. The unit of
403government responsible for collecting permit fees pursuant to s.
404125.56(4) or s. 166.201 shall collect such surcharge and shall
405remit the funds to the department on a quarterly calendar basis
406beginning not later than December 31, 2010 1993, for the
407preceding quarter, and continuing each third month thereafter;
408and such unit of government shall may retain an amount up to 10
409percent of the surcharge collected to fund the participation of
410building departments in the national and state building code
411adoption processes and to provide education related to
412enforcement of the Florida Building Code projects and activities
413intended to improve the quality of building code enforcement.
414There is created within the Professional Regulation Trust Fund a
415separate account to be known as the Building Code Administrators
416and Inspectors Fund, which shall deposit and disburse funds as
417necessary for the implementation of this part. The proceeds from
418this surcharge shall be allocated equally to fund the Florida
419Homeowners' Construction Recovery Fund established by s. 489.140
420and the functions of the Building Code Administrators and
421Inspectors Board. The department shall annually establish the
422amount needed to fund the certification and regulation of
423building code administrators, plans examiners, and building code
424inspectors. Any funds collected in excess of the amount needed
425to adequately fund the certification and regulation of building
426code administrators, plans examiners, and building code
427inspectors shall be deposited into the Florida Homeowners'
428Construction Recovery Fund established by s. 489.140. If the
429Florida Homeowners' Construction Recovery Fund is fully funded
430as provided by s. 489.140, any remaining funds shall be
431distributed to the Construction Industry Licensing Board for use
432in the regulation of certified and registered contractors.
433     Section 7.  Section 468.83, Florida Statutes, is amended to
434read:
435     468.83  Home inspection services licensing program;
436purpose.-
437     (1)  There is created within the department the home
438inspection services licensing program.
439     (2)  The Legislature recognizes that there is a need to
440require the licensing of home inspectors and to ensure that
441consumers of home inspection services can rely on the competence
442of home inspectors, as determined by educational and experience
443requirements and testing. Therefore, the Legislature deems it
444necessary in the interest of the public welfare to regulate home
445inspectors in this state.
446     Section 8.  Subsection (4) of section 468.8311, Florida
447Statutes, is amended to read:
448     468.8311  Definitions.-As used in this part, the term:
449     (4)  "Home inspection services" means a limited visual
450examination of one or more of the following readily accessible
451installed systems and components of a home: the structure,
452electrical system, HVAC system, roof covering, plumbing system,
453interior components, exterior components, and site conditions
454that affect the structure, for the purposes of providing a
455written professional opinion of the condition of the home.
456     Section 9.  Subsections (4) through (8) of section
457468.8312, Florida Statutes, are amended to read:
458     468.8312  Fees.-
459     (4)  The fee for a certificate of authorization shall not
460exceed $125.
461     (4)(5)  The biennial renewal fee shall not exceed $200.
462     (5)(6)  The fee for licensure by endorsement shall not
463exceed $200.
464     (6)(7)  The fee for application for inactive status or for
465reactivation of an inactive license shall not exceed $200.
466     (7)(8)  The fee for applications from providers of
467continuing education may not exceed $500.
468     Section 10.  Subsections (1) and (2) of section 468.8313,
469Florida Statutes, are amended, present subsection (6) of that
470section is renumbered as subsection (7) and amended, and a new
471subsection (6) is added to that section, to read:
472     468.8313  Examinations.-
473     (1)  A person desiring to be licensed as a home inspector
474must shall apply to the department after he or she satisfies the
475examination requirements of this part to take a licensure
476examination.
477     (2)  An applicant may shall be entitled to take the
478licensure examination for the purpose of determining whether he
479or she is qualified to practice in this state as a home
480inspector if he or she passes the required examination, the
481applicant is of good moral character, and completes has
482completed a course of study of at least no less than 120 hours
483that covers all of the following components of a home:
484structure, electrical system, HVAC system, roof covering,
485plumbing system, interior components, exterior components, and
486site conditions that affect the structure.
487     (6)  An applicant for a license shall submit, together with
488the application, a complete set of electronic fingerprints to
489the department. The department shall submit the fingerprints to
490the Department of Law Enforcement for state processing, and the
491Department of Law Enforcement shall forward them to the Federal
492Bureau of Investigation for national processing, to determine
493whether the applicant has a criminal history record. The
494department shall review the background results to determine if
495an applicant meets licensure requirements. The applicant is
496responsible for the cost associated with processing the
497fingerprints. The authorized agencies or vendors shall collect
498such fees and pay for the processing costs due to the Department
499of Law Enforcement.
500     (7)(6)  The department may adopt rules pursuant to ss.
501120.536(1) and 120.54 to implement the provisions of this
502section.
503     Section 11.  Section 468.8318, Florida Statutes, is amended
504to read:
505     468.8318  Certification of corporations and partnerships.-
506     (1)  The department shall issue a certificate of
507authorization to a corporation or partnership offering home
508inspection services to the public if the corporation or
509partnership satisfies all of the requirements of this part.
510     (2)  The practice of or the offer to practice home
511inspection services by licensees through a corporation or
512partnership offering home inspection services to the public, or
513by a corporation or partnership offering such services to the
514public through licensees under this part as agents, employees,
515officers, or partners, is permitted subject to the provisions of
516this part, provided that all personnel of the corporation or
517partnership who act in its behalf as home inspectors in this
518state are licensed as provided by this part; and further
519provided that the corporation or partnership has been issued a
520certificate of authorization by the department as provided in
521this section. Nothing in this section shall be construed to
522allow a corporation to hold a license to practice home
523inspection services. No corporation or partnership shall be
524relieved of responsibility for the conduct or acts of its
525agents, employees, or officers by reason of its compliance with
526this section, nor shall any individual practicing home
527inspection services be relieved of responsibility for
528professional services performed by reason of his or her
529employment or relationship with a corporation or partnership.
530     (3)  For the purposes of this section, a certificate of
531authorization shall be required for a corporation, partnership,
532association, or person practicing under a fictitious name and
533offering home inspection services to the public; however, when
534an individual is practicing home inspection services in his or
535her own given name, he or she shall not be required to register
536under this section.
537     (4)  Each certificate of authorization shall be renewed
538every 2 years. Each partnership and corporation certified under
539this section shall notify the department within 1 month of any
540change in the information contained in the application upon
541which the certification is based.
542     (5)  Disciplinary action against a corporation or
543partnership shall be administered in the same manner and on the
544same grounds as disciplinary action against a licensed home
545inspector.
546     Section 12.  Section 468.8319, Florida Statutes, is amended
547to read:
548     468.8319  Prohibitions; penalties.-
549     (1)  A person home inspector, a company that employs a home
550inspector, or a company that is controlled by a company that
551also has a financial interest in a company employing a home
552inspector may not:
553     (a)  Effective July 1, 2011, practice or offer to practice
554home inspection services unless the person has complied with the
555provisions of this part;
556     (b)  Effective July 1, 2011, use the name or title
557"certified home inspector," "registered home inspector,"
558"licensed home inspector," "home inspector," "professional home
559inspector," or any combination thereof unless the person has
560complied with the provisions of this part;
561     (c)  Present as his or her own the license of another;
562     (d)  Knowingly give false or forged evidence to the
563department or an employee thereof;
564     (e)  Use or attempt to use a license that has been
565suspended or revoked;
566     (f)  Perform or offer to perform, prior to closing, for any
567additional fee, any repairs to a home on which the inspector or
568the inspector's company has prepared a home inspection report.
569This paragraph does not apply to a home warranty company that is
570affiliated with or retains a home inspector to perform repairs
571pursuant to a claim made under a home warranty contract;
572     (g)  Inspect for a fee any property in which the inspector
573or the inspector's company has any financial or transfer
574interest;
575     (h)  Offer or deliver any compensation, inducement, or
576reward to any broker or agent therefor for the referral of the
577owner of the inspected property to the inspector or the
578inspection company; or
579     (i)  Accept an engagement to make an omission or prepare a
580report in which the inspection itself, or the fee payable for
581the inspection, is contingent upon either the conclusions in the
582report, preestablished findings, or the close of escrow.
583     (2)  Any person who is found to be in violation of any
584provision of this section commits a misdemeanor of the first
585degree, punishable as provided in s. 775.082 or s. 775.083.
586     (3)  This section does not apply to unlicensed activity as
587described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
588which occurs before July 1, 2011.
589     Section 13.  Subsection (1) of section 468.832, Florida
590Statutes, is amended to read:
591     468.832  Disciplinary proceedings.-
592     (1)  The following acts constitute grounds for which the
593disciplinary actions in subsection (2) may be taken:
594     (a)  Violation of any provision of this part or s.
595455.227(1).;
596     (b)  Attempting to procure a license to practice home
597inspection services by bribery or fraudulent misrepresentation.;
598     (c)  Having a license to practice home inspection services
599revoked, suspended, or otherwise acted against, including the
600denial of licensure, by the licensing authority of another
601state, territory, or country.;
602     (d)  Being convicted or found guilty of, or entering a plea
603of nolo contendere to, regardless of adjudication, a crime in
604any jurisdiction that directly relates to the practice of home
605inspection services or the ability to practice home inspection
606services.;
607     (e)  Making or filing a report or record that the licensee
608knows to be false, willfully failing to file a report or record
609required by state or federal law, willfully impeding or
610obstructing such filing, or inducing another person to impede or
611obstruct such filing. Such reports or records shall include only
612those that are signed in the capacity of a licensed home
613inspector.;
614     (f)  Advertising goods or services in a manner that is
615fraudulent, false, deceptive, or misleading in form or content.;
616     (g)  Engaging in fraud or deceit, or negligence,
617incompetency, or misconduct, in the practice of home inspection
618services.;
619     (h)  Failing to perform any statutory or legal obligation
620placed upon a licensed home inspector; violating any provision
621of this chapter, a rule of the department, or a lawful order of
622the department previously entered in a disciplinary hearing; or
623failing to comply with a lawfully issued subpoena of the
624department.; or
625     (i)  Practicing on a revoked, suspended, inactive, or
626delinquent license.
627     (j)  Failing to meet any standard of practice adopted by
628rule of the department.
629     Section 14.  Section 468.8324, Florida Statutes, is amended
630to read:
631     468.8324  Grandfather clause.-
632     (1)  A person who performs home inspection services as
633defined in this part may qualify for licensure to be licensed by
634the department as a home inspector if the person submits an
635application to the department postmarked on or before March 1,
6362011, which shows that the applicant: meets the licensure
637requirements of this part by July 1, 2010.
638     (a)  Is certified as a home inspector by a state or
639national association that requires, for such certification,
640successful completion of a proctored examination on home
641inspection services and completes at least 14 hours of
642verifiable education on such services; or
643     (b)  Has at least 3 years of experience as a home inspector
644at the time of application and has completed 14 hours of
645verifiable education on home inspection services. To establish
646the 3 years of experience, an applicant must submit at least 120
647home inspection reports prepared by the applicant.
648     (2)  The department may investigate the validity of a home
649inspection report submitted under paragraph (1)(b) and, if the
650applicant submits a false report, may take disciplinary action
651against the applicant under s. 468.832(1)(e) or (g).
652     (3)  An applicant may not qualify for licensure under this
653section if he or she has had a home inspector license or a
654license in any related field revoked at any time or suspended
655within the previous 5 years or has been assessed a fine that
656exceeds $500 within the previous 5 years. For purposes of this
657subsection, a license in a related field includes, but is not
658limited to, licensure in real estate, construction, mold-related
659services, or building code administration or inspection.
660     (4)  An applicant for licensure under this section must
661comply with the criminal history, good moral character, and
662insurance requirements of this part.
663     Section 15.  Section 468.8325, Florida Statutes, is created
664to read:
665     468.8325  Rulemaking authority.-The department shall adopt
666rules to administer this part.
667     Section 16.  Section 468.84, Florida Statutes, is amended
668to read:
669     468.84  Mold-related services licensing program;
670legislative purpose.-
671     (1)  There is created within the department the mold-
672related services licensing program.
673     (2)  The Legislature finds it necessary in the interest of
674the public safety and welfare, to prevent damage to real and
675personal property, to avert economic injury to the residents of
676this state, and to regulate persons and companies that hold
677themselves out to the public as qualified to perform mold-
678related services.
679     Section 17.  Subsections (6) through (10) of section
680468.8412, Florida Statutes, are amended to read:
681     468.8412  Fees.-
682     (6)  The fee for a biennial certificate of authorization
683renewal shall not exceed $400.
684     (6)(7)  The fee for licensure by endorsement shall not
685exceed $200.
686     (7)(8)  The fee for application for inactive status shall
687not exceed $100.
688     (8)(9)  The fee for reactivation of an inactive license
689shall not exceed $200.
690     (9)(10)  The fee for applications from providers of
691continuing education may not exceed $500.
692     Section 18.  Subsections (1) and (2) of section 468.8413,
693Florida Statutes, are amended, and subsection (6) is added to
694that section, to read:
695     468.8413  Examinations.-
696     (1)  A person desiring to be licensed as a mold assessor or
697mold remediator must shall apply to the department after
698satisfying the examination requirements of this part to take a
699licensure examination.
700     (2)  An applicant may shall be entitled to take the
701licensure examination to practice in this state as a mold
702assessor or mold remediator if he or she passes the required
703examination, the applicant is of good moral character, and
704completes has satisfied one of the following requirements:
705     (a)1.  For a mold remediator, at least a 2-year associate
706of arts degree, or the equivalent, with at least 30 semester
707hours in microbiology, engineering, architecture, industrial
708hygiene, occupational safety, or a related field of science from
709an accredited institution and a minimum of 1 year of documented
710field experience in a field related to mold remediation; or
711     2.  A high school diploma or the equivalent with a minimum
712of 4 years of documented field experience in a field related to
713mold remediation.
714     (b)1.  For a mold assessor, at least a 2-year associate of
715arts degree, or the equivalent, with at least 30 semester hours
716in microbiology, engineering, architecture, industrial hygiene,
717occupational safety, or a related field of science from an
718accredited institution and a minimum of 1 year of documented
719field experience in conducting microbial sampling or
720investigations; or
721     2.  A high school diploma or the equivalent with a minimum
722of 4 years of documented field experience in conducting
723microbial sampling or investigations.
724     (6)  An applicant for a license shall submit, together with
725the application, a complete set of electronic fingerprints to
726the department. The department shall submit the fingerprints to
727the Department of Law Enforcement for state processing, and the
728Department of Law Enforcement shall forward them to the Federal
729Bureau of Investigation for national processing, to determine
730whether the applicant has a criminal history record. The
731department shall review the background results to determine if
732an applicant meets licensure requirements. The applicant is
733responsible for the cost associated with processing the
734fingerprints. The authorized agencies or vendors shall collect
735such fees and pay for the processing costs due to the Department
736of Law Enforcement.
737     Section 19.  Subsection (3) of section 468.8414, Florida
738Statutes, is amended to read:
739     468.8414  Licensure.-
740     (3)  The department shall certify as qualified for a
741license by endorsement an applicant who is of good moral
742character, who has the insurance coverage required under s.
743468.8421, and who:
744     (a)  Is qualified to take the examination as set forth in
745s. 468.8413 and has passed a certification examination offered
746by a nationally recognized organization that certifies persons
747in the specialty of mold assessment or mold remediation that has
748been approved by the department as substantially equivalent to
749the requirements of this part and s. 455.217; or
750     (b)  Holds a valid license to practice mold assessment or
751mold remediation issued by another state or territory of the
752United States if the criteria for issuance of the license were
753substantially the same as the licensure criteria that is
754established by this part as determined by the department.
755     Section 20.  Section 468.8418, Florida Statutes, is amended
756to read:
757     468.8418  Certification of partnerships and corporations.-
758     (1)  The department shall issue a certificate of
759authorization to a corporation or partnership offering mold
760assessment or mold remediation services to the public if the
761corporation or partnership satisfies all of the requirements of
762this part.
763     (2)  The practice of or the offer to practice mold
764assessment or mold remediation by licensees through a
765corporation or partnership offering mold assessment or mold
766remediation to the public, or by a corporation or partnership
767offering such services to the public through licensees under
768this part as agents, employees, officers, or partners, is
769permitted subject to the provisions of this part, provided that
770the corporation or partnership has been issued a certificate of
771authorization by the department as provided in this section.
772Nothing in this section shall be construed to allow a
773corporation to hold a license to practice mold assessment or
774mold remediation. No corporation or partnership shall be
775relieved of responsibility for the conduct or acts of its
776agents, employees, or officers by reason of its compliance with
777this section, nor shall any individual practicing mold
778assessment or mold remediation be relieved of responsibility for
779professional services performed by reason of his or her
780employment or relationship with a corporation or partnership.
781     (3)  For the purposes of this section, a certificate of
782authorization shall be required for a corporation, partnership,
783association, or person practicing under a fictitious name,
784offering mold assessment or mold remediation; however, when an
785individual is practicing mold assessment or mold remediation
786under his or her own given name, he or she shall not be required
787to register under this section.
788     (4)  Each certificate of authorization shall be renewed
789every 2 years. Each partnership and corporation certified under
790this section shall notify the department within 1 month of any
791change in the information contained in the application upon
792which the certification is based.
793     (5)  Disciplinary action against a corporation or
794partnership shall be administered in the same manner and on the
795same grounds as disciplinary action against a licensed mold
796assessor or mold remediator.
797     Section 21.  Subsection (1) of section 468.8419, Florida
798Statutes, is amended, and subsection (4) is added to that
799section, to read:
800     468.8419  Prohibitions; penalties.-
801     (1)  A person mold assessor, a company that employs a mold
802assessor, or a company that is controlled by a company that also
803has a financial interest in a company employing a mold assessor
804may not:
805     (a)  Effective July 1, 2011, perform or offer to perform
806any mold assessment unless the mold assessor has documented
807training in water, mold, and respiratory protection under s.
808468.8414(2).
809     (b)  Effective July 1, 2011, perform or offer to perform
810any mold assessment unless the person has complied with the
811provisions of this part.
812     (c)  Use the name or title "certified mold assessor,"
813"registered mold assessor," "licensed mold assessor," "mold
814assessor," "professional mold assessor," or any combination
815thereof unless the person has complied with the provisions of
816this part.
817     (d)  Perform or offer to perform any mold remediation to a
818structure on which the mold assessor or the mold assessor's
819company provided a mold assessment within the last 12 months.
820     (e)  Inspect for a fee any property in which the assessor
821or the assessor's company has any financial or transfer
822interest.
823     (f)  Accept any compensation, inducement, or reward from a
824mold remediator or mold remediator's company for the referral of
825any business to the mold remediator or the mold remediator's
826company.
827     (g)  Offer any compensation, inducement, or reward to a
828mold remediator or mold remediator's company for the referral of
829any business from the mold remediator or the mold remediator's
830company.
831     (h)  Accept an engagement to make an omission of the
832assessment or conduct an assessment in which the assessment
833itself, or the fee payable for the assessment, is contingent
834upon the conclusions of the assessment.
835     (4)  This section does not apply to unlicensed activity as
836described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
837which occurs before July 1, 2011.
838     Section 22.  Subsection (1) of section 468.842, Florida
839Statutes, is amended to read:
840     468.842  Disciplinary proceedings.-
841     (1)  The following acts constitute grounds for which the
842disciplinary actions in subsection (2) may be taken:
843     (a)  Violation of any provision of this part or s.
844455.227(1).;
845     (b)  Attempting to procure a license to practice mold
846assessment or mold remediation by bribery or fraudulent
847misrepresentations.;
848     (c)  Having a license to practice mold assessment or mold
849remediation revoked, suspended, or otherwise acted against,
850including the denial of licensure, by the licensing authority of
851another state, territory, or country.;
852     (d)  Being convicted or found guilty of, or entering a plea
853of nolo contendere to, regardless of adjudication, a crime in
854any jurisdiction that directly relates to the practice of mold
855assessment or mold remediation or the ability to practice mold
856assessment or mold remediation.;
857     (e)  Making or filing a report or record that the licensee
858knows to be false, willfully failing to file a report or record
859required by state or federal law, willfully impeding or
860obstructing such filing, or inducing another person to impede or
861obstruct such filing. Such reports or records shall include only
862those that are signed in the capacity of a registered mold
863assessor or mold remediator.;
864     (f)  Advertising goods or services in a manner that is
865fraudulent, false, deceptive, or misleading in form or content.;
866     (g)  Engaging in fraud or deceit, or negligence,
867incompetency, or misconduct, in the practice of mold assessment
868or mold remediation.;
869     (h)  Failing to perform any statutory or legal obligation
870placed upon a licensed mold assessor or mold remediator;
871violating any provision of this chapter, a rule of the
872department, or a lawful order of the department previously
873entered in a disciplinary hearing; or failing to comply with a
874lawfully issued subpoena of the department.; or
875     (i)  Practicing on a revoked, suspended, inactive, or
876delinquent license.
877     (j)  Failing to meet any standard of practice adopted by
878rule of the department.
879     Section 23.  Subsection (1) of section 468.8421, Florida
880Statutes, is amended to read:
881     468.8421  Insurance.-
882     (1)  A mold assessor shall maintain general liability and
883errors and omissions for both preliminary and postremediation
884mold assessment insurance coverage in an amount of at least $1
885million not less than $1,000,000.
886     Section 24.  Section 468.8423, Florida Statutes, is amended
887to read:
888     468.8423  Grandfather clause.-
889     (1)  A person who performs mold assessment or mold
890remediation as defined in this part may qualify to be licensed
891by the department as a mold assessor or mold remediator if the
892person submits his or her application to the department by March
8931, 2011, whether postmarked or delivered by that date, and if
894the person: meets the licensure requirements of this part by
895July 1, 2010.
896     (a)  Is certified as a mold assessor or mold remediator by
897a state or national association that requires, for such
898certification, successful completion of a proctored examination
899on mold assessment or mold remediation, as applicable, and
900completes at least 60 hours of education on mold assessment or
901at least 30 hours of education on mold remediation, as
902applicable; or
903     (b)  At the time of application, has at least 3 years of
904experience as a mold assessor or mold remediator. To establish
905the 3 years of experience, an applicant must submit at least 40
906mold assessments or remediation invoices prepared by the
907applicant.
908     (2)  The department may investigate the validity of a mold
909assessment or remediation invoice submitted under paragraph
910(1)(b) and, if the applicant submits a false assessment or
911invoice, may take disciplinary action against the applicant
912under s. 468.842(1)(e) or (g).
913     (3)  An applicant may not qualify for licensure under this
914section if he or she has had a mold assessor or mold remediator
915license or a license in any related field revoked at any time or
916suspended within the previous 5 years or has been assessed a
917fine that exceeds $500 within the previous 5 years. For purposes
918of this subsection, a license in a related field includes, but
919is not limited to, licensure in real estate, construction, home
920inspection, building code administration or inspection, or
921indoor air quality.
922     (4)  An applicant for licensure under this section must
923comply with the good moral character and insurance requirements
924of this part.
925     Section 25.  Section 468.8424, Florida Statutes, is created
926to read:
927     468.8424  Rulemaking authority.-The department shall adopt
928rules to administer this part.
929     Section 26.  Subsection (22) of section 489.103, Florida
930Statutes, is amended to read:
931     489.103  Exemptions.-This part does not apply to:
932     (22)  A person licensed pursuant to s. 633.061(1)(d) or
933(3)(2)(b) performing work authorized by such license.
934     Section 27.  Paragraph (c) of subsection (1) of section
935489.5335, Florida Statutes, is amended to read:
936     489.5335  Journeyman; reciprocity; standards.-
937     (1)  An individual who holds a valid, active journeyman
938license in the electrical trade issued by any county or
939municipality in this state may work as a journeyman in any other
940county or municipality of this state without taking an
941additional examination or paying an additional license fee, if
942he or she:
943     (c)  Has satisfactorily completed specialized and advanced
944module coursework approved by the Florida Building Commission,
945as part of the building code training program established in s.
946553.841, specific to the discipline, and successfully completed
947the program's core curriculum courses or passed an equivalency
948test in lieu of taking the core curriculum courses and provided
949proof of completion of such curriculum courses or examination
950and obtained a certificate from the board pursuant to this part
951or, pursuant to authorization by the certifying authority,
952provides proof of completion of such curriculum or coursework
953within 6 months after such certification; and
954     Section 28.  Subsections (2), (8), and (9) of section
955553.37, Florida Statutes, are amended, and subsection (12) is
956added to that section, to read:
957     553.37  Rules; inspections; and insignia.-
958     (2)  The department shall adopt rules to address:
959     (a)  Procedures and qualifications for approval of third-
960party plan review and inspection agencies and of those who
961perform inspections and plan reviews.
962     (b)  Investigation of consumer complaints of noncompliance
963of manufactured buildings with the Florida Building Code and the
964Florida Fire Prevention Code.
965     (c)  Issuance, cancellation, and revocation of any insignia
966issued by the department and procedures for auditing and
967accounting for disposition of them.
968     (d)  Monitoring the manufacturers', inspection agencies',
969and plan review agencies' compliance with this part and the
970Florida Building Code. Monitoring may include, but is not
971limited to, performing audits of plans, inspections of
972manufacturing facilities and observation of the manufacturing
973and inspection process, and onsite inspections of buildings.
974     (e)  The performance by the department and its designees
975and contractors of any other functions required by this part.
976     (8)  The department, by rule, shall establish a schedule of
977fees to pay the cost of the administration and enforcement of
978this part. The rule may provide for manufacturers to pay fees to
979the administrator directly via the Building Code Information
980System.
981     (9)  The department may delegate its enforcement authority
982to a state department having building construction
983responsibilities or a local government and may enter into
984contracts for the performance of its administrative duties under
985this part. The department may delegate its plan review and
986inspection authority to one or more of the following in any
987combination:
988     (a)  A state department having building construction
989responsibilities;
990     (b)  A local government;
991     (c)  An approved inspection agency;
992     (d)  An approved plan review agency; or
993     (e)  An agency of another state.
994     (12)  Custom or one-of-a-kind prototype manufactured
995buildings are not required to have state approval, but must be
996in compliance with all local requirements of the governmental
997agency having jurisdiction at the installation site.
998     Section 29.  Section 553.375, Florida Statutes, is amended
999to read:
1000     553.375  Recertification of manufactured buildings.-Prior
1001to the relocation to a site that has a higher design wind speed,
1002modification, or change of occupancy of a manufactured building
1003within the state, the manufacturer, dealer, or owner thereof may
1004apply to the department for recertification of that manufactured
1005building. The department shall, by rule, provide what
1006information the applicant must submit for recertification and
1007for plan review and inspection of such manufactured buildings
1008and shall establish fees for recertification. Upon a
1009determination by the department that the manufactured building
1010complies with the applicable building codes, the department
1011shall issue a recertification insignia. A manufactured building
1012that bears recertification insignia does not require any
1013additional approval by an enforcement jurisdiction in which the
1014building is sold or installed, and is considered to comply with
1015all applicable codes. As an alternative to recertification by
1016the department, the manufacturer, dealer, or owner of a
1017manufactured building may seek appropriate permitting and a
1018certificate of occupancy from the local jurisdiction in
1019accordance with procedures generally applicable under the
1020Florida Building Code.
1021     Section 30.  Subsection (1) of section 553.512, Florida
1022Statutes, is amended to read:
1023     553.512  Modifications and waivers; advisory council.-
1024     (1)  The Florida Building Commission shall provide by
1025regulation criteria for granting individual modifications of, or
1026exceptions from, the literal requirements of this part upon a
1027determination of unnecessary, unreasonable, or extreme hardship,
1028provided such waivers shall not violate federal accessibility
1029laws and regulations and shall be reviewed by the Accessibility
1030Advisory Council. The commission shall establish by rule a fee
1031to be paid upon submitting a request for a waiver as provided in
1032this section. Notwithstanding any other provision of this
1033subsection, if an applicant for a waiver demonstrates economic
1034hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
1035shall be granted. The commission may not consider waiving any of
1036the requirements of s. 553.5041 unless the applicant first
1037demonstrates that she or he has applied for and been denied
1038waiver or variance from all local government zoning, subdivision
1039regulations, or other ordinances that prevent compliance
1040therewith. Further, the commission may not waive the requirement
1041of s. 553.5041(5)(a) and (c)1. governing the minimum width of
1042accessible routes and minimum width of accessible parking
1043spaces.
1044     Section 31.  Effective October 1, 2010, section 553.721,
1045Florida Statutes, is amended to read:
1046     553.721  Surcharge.-
1047     (1)  In order for the Department of Community Affairs to
1048administer and carry out the purposes of this part and related
1049activities, there is hereby created a surcharge, to be assessed
1050at the rate of 1.5 percent of the permit fees associated with
1051enforcement of the Florida Building Code as defined by the
1052uniform account criteria and specifically the uniform account
1053code for building permits adopted for local government financial
1054reporting pursuant to s. 218.32. The minimum amount collected on
1055any permit issued shall be $2 one-half cent per square foot
1056under-roof floor space permitted pursuant to s. 125.56(4) or s.
1057166.201. However, for additions, alterations, or renovations to
1058existing buildings, the surcharge shall be computed on the basis
1059of the square footage being added, altered, or renovated. The
1060unit of government responsible for collecting a permit fee
1061pursuant to s. 125.56(4) or s. 166.201 shall collect such
1062surcharge and electronically remit the funds collected to the
1063department on a quarterly calendar basis beginning not later
1064than December 31, 2010, for the preceding quarter, and
1065continuing each third month thereafter, and such unit of
1066government shall may retain 10 an amount up to 5 percent of the
1067surcharge collected to fund the participation of building
1068departments in the national and state building code adoption
1069processes and to provide education related to enforcement of the
1070Florida Building Code cover costs associated with the collection
1071and remittance of such surcharge. All funds remitted to the
1072department pursuant to this section subsection shall be
1073deposited in the Operating Trust Fund. Funds collected from such
1074surcharge shall be used exclusively for the duties of the
1075Florida Building Commission and the Department of Community
1076Affairs under this chapter and shall not be used to fund
1077research on techniques for mitigation of radon in existing
1078buildings. Funds used by the department as well as funds to be
1079transferred to the Department of Health shall be as prescribed
1080in the annual General Appropriations Act. The department shall
1081adopt rules governing the collection and remittance of
1082surcharges in accordance with chapter 120.
1083     (2)  Notwithstanding subsection (1), and for the 2008-2009
1084fiscal year only, the amount transferred from the Operating
1085Trust Fund to the Grants and Donations Trust Fund of the
1086Department of Community Affairs pursuant to the General
1087Appropriations Act for the 2008-2009 fiscal year shall be used
1088for the regional planning councils, civil legal assistance, and
1089the Front Porch Florida Initiative.
1090     Section 32.  Subsections (2) and (3) and paragraph (b) of
1091subsection (4) of section 553.73, Florida Statutes, are amended,
1092present subsections (5) through (13) of that section are
1093renumbered as subsections (6) through (14), respectively, a new
1094subsection (5) is added to that section, paragraph (a) of
1095present subsection (6) and present subsections (7) and (9) of
1096that section are amended, and subsections (15), (16), and (17)
1097are added to that section, to read:
1098     553.73  Florida Building Code.-
1099     (2)  The Florida Building Code shall contain provisions or
1100requirements for public and private buildings, structures, and
1101facilities relative to structural, mechanical, electrical,
1102plumbing, energy, and gas systems, existing buildings,
1103historical buildings, manufactured buildings, elevators, coastal
1104construction, lodging facilities, food sales and food service
1105facilities, health care facilities, including assisted living
1106facilities, adult day care facilities, hospice residential and
1107inpatient facilities and units, and facilities for the control
1108of radiation hazards, public or private educational facilities,
1109swimming pools, and correctional facilities and enforcement of
1110and compliance with such provisions or requirements. Further,
1111the Florida Building Code must provide for uniform
1112implementation of ss. 515.25, 515.27, and 515.29 by including
1113standards and criteria for residential swimming pool barriers,
1114pool covers, latching devices, door and window exit alarms, and
1115other equipment required therein, which are consistent with the
1116intent of s. 515.23. Technical provisions to be contained within
1117the Florida Building Code are restricted to requirements related
1118to the types of materials used and construction methods and
1119standards employed in order to meet criteria specified in the
1120Florida Building Code. Provisions relating to the personnel,
1121supervision or training of personnel, or any other professional
1122qualification requirements relating to contractors or their
1123workforce may not be included within the Florida Building Code,
1124and subsections (4), (5), (6), (7), and (8), and (9) are not to
1125be construed to allow the inclusion of such provisions within
1126the Florida Building Code by amendment. This restriction applies
1127to both initial development and amendment of the Florida
1128Building Code.
1129     (3)  The commission shall select from available national or
1130international model building codes, or other available building
1131codes and standards currently recognized by the laws of this
1132state, to form the foundation for the Florida Building Code. The
1133commission may modify the selected model codes and standards as
1134needed to accommodate the specific needs of this state.
1135Standards or criteria referenced by the selected model codes
1136shall be similarly incorporated by reference. If a referenced
1137standard or criterion requires amplification or modification to
1138be appropriate for use in this state, only the amplification or
1139modification shall be specifically set forth in the Florida
1140Building Code. The Florida Building Commission may approve
1141technical amendments to the code, subject to the requirements of
1142subsections (8) (7) and (9) (8), after the amendments have been
1143subject to the following conditions:
1144     (a)  The proposed amendment has been published on the
1145commission's website for a minimum of 45 days and all the
1146associated documentation has been made available to any
1147interested party before any consideration by any Technical
1148Advisory Committee;
1149     (b)  In order for a Technical Advisory Committee to make a
1150favorable recommendation to the commission, the proposal must
1151receive a three-fourths vote of the members present at the
1152Technical Advisory Committee meeting and at least half of the
1153regular members must be present in order to conduct a meeting;
1154     (c)  After Technical Advisory Committee consideration and a
1155recommendation for approval of any proposed amendment, the
1156proposal must be published on the commission's website for not
1157less than 45 days before any consideration by the commission;
1158and
1159     (d)  Any proposal may be modified by the commission based
1160on public testimony and evidence from a public hearing held in
1161accordance with chapter 120.
1162
1163The commission shall incorporate within sections of the Florida
1164Building Code provisions which address regional and local
1165concerns and variations. The commission shall make every effort
1166to minimize conflicts between the Florida Building Code, the
1167Florida Fire Prevention Code, and the Life Safety Code.
1168     (4)
1169     (b)  Local governments may, subject to the limitations of
1170this section, adopt amendments to the technical provisions of
1171the Florida Building Code which apply solely within the
1172jurisdiction of such government and which provide for more
1173stringent requirements than those specified in the Florida
1174Building Code, not more than once every 6 months. A local
1175government may adopt technical amendments that address local
1176needs if:
1177     1.  The local governing body determines, following a public
1178hearing which has been advertised in a newspaper of general
1179circulation at least 10 days before the hearing, that there is a
1180need to strengthen the requirements of the Florida Building
1181Code. The determination must be based upon a review of local
1182conditions by the local governing body, which review
1183demonstrates by evidence or data that the geographical
1184jurisdiction governed by the local governing body exhibits a
1185local need to strengthen the Florida Building Code beyond the
1186needs or regional variation addressed by the Florida Building
1187Code, that the local need is addressed by the proposed local
1188amendment, and that the amendment is no more stringent than
1189necessary to address the local need.
1190     2.  Such additional requirements are not discriminatory
1191against materials, products, or construction techniques of
1192demonstrated capabilities.
1193     3.  Such additional requirements may not introduce a new
1194subject not addressed in the Florida Building Code.
1195     4.  The enforcing agency shall make readily available, in a
1196usable format, all amendments adopted pursuant to this section.
1197     5.  Any amendment to the Florida Building Code shall be
1198transmitted within 30 days by the adopting local government to
1199the commission. The commission shall maintain copies of all such
1200amendments in a format that is usable and obtainable by the
1201public. Local technical amendments shall not become effective
1202until 30 days after the amendment has been received and
1203published by the commission.
1204     6.  Any amendment to the Florida Building Code adopted by a
1205local government pursuant to this paragraph shall be effective
1206only until the adoption by the commission of the new edition of
1207the Florida Building Code every third year. At such time, the
1208commission shall review such amendment for consistency with the
1209criteria in paragraph (9)(8)(a) and adopt such amendment as part
1210of the Florida Building Code or rescind the amendment. The
1211commission shall immediately notify the respective local
1212government of the rescission of any amendment. After receiving
1213such notice, the respective local government may readopt the
1214rescinded amendment pursuant to the provisions of this
1215paragraph.
1216     7.  Each county and municipality desiring to make local
1217technical amendments to the Florida Building Code shall by
1218interlocal agreement establish a countywide compliance review
1219board to review any amendment to the Florida Building Code,
1220adopted by a local government within the county pursuant to this
1221paragraph, that is challenged by any substantially affected
1222party for purposes of determining the amendment's compliance
1223with this paragraph. If challenged, the local technical
1224amendments shall not become effective until time for filing an
1225appeal pursuant to subparagraph 8. has expired or, if there is
1226an appeal, until the commission issues its final order
1227determining the adopted amendment is in compliance with this
1228subsection.
1229     8.  If the compliance review board determines such
1230amendment is not in compliance with this paragraph, the
1231compliance review board shall notify such local government of
1232the noncompliance and that the amendment is invalid and
1233unenforceable until the local government corrects the amendment
1234to bring it into compliance. The local government may appeal the
1235decision of the compliance review board to the commission. If
1236the compliance review board determines such amendment to be in
1237compliance with this paragraph, any substantially affected party
1238may appeal such determination to the commission. Any such appeal
1239shall be filed with the commission within 14 days of the board's
1240written determination. The commission shall promptly refer the
1241appeal to the Division of Administrative Hearings for the
1242assignment of an administrative law judge. The administrative
1243law judge shall conduct the required hearing within 30 days, and
1244shall enter a recommended order within 30 days of the conclusion
1245of such hearing. The commission shall enter a final order within
124630 days thereafter. The provisions of chapter 120 and the
1247uniform rules of procedure shall apply to such proceedings. The
1248local government adopting the amendment that is subject to
1249challenge has the burden of proving that the amendment complies
1250with this paragraph in proceedings before the compliance review
1251board and the commission, as applicable. Actions of the
1252commission are subject to judicial review pursuant to s. 120.68.
1253The compliance review board shall determine whether its
1254decisions apply to a respective local jurisdiction or apply
1255countywide.
1256     9.  An amendment adopted under this paragraph shall include
1257a fiscal impact statement which documents the costs and benefits
1258of the proposed amendment. Criteria for the fiscal impact
1259statement shall include the impact to local government relative
1260to enforcement, the impact to property and building owners, as
1261well as to industry, relative to the cost of compliance. The
1262fiscal impact statement may not be used as a basis for
1263challenging the amendment for compliance.
1264     10.  In addition to subparagraphs 7. and 9., the commission
1265may review any amendments adopted pursuant to this subsection
1266and make nonbinding recommendations related to compliance of
1267such amendments with this subsection.
1268     (5)  Notwithstanding subsection (4), counties and
1269municipalities may adopt by ordinance an administrative or
1270technical amendment to the Florida Building Code relating to
1271flood resistance in order to implement the National Flood
1272Insurance Program or incentives. Specifically, an administrative
1273amendment may assign the duty to enforce all or portions of
1274flood-related code provisions to the appropriate agencies of the
1275local government and adopt procedures for variances and
1276exceptions from flood-related code provisions other than
1277provisions for structures seaward of the coastal construction
1278control line consistent with the requirements in 44 C.F.R. s.
127960.6. A technical amendment is authorized to the extent it is
1280more stringent than the code. A technical amendment is not
1281subject to the requirements of subsection (4) and may not be
1282rendered void when the code is updated if the amendment is
1283adopted for the purpose of participating in the Community Rating
1284System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
1285had already been adopted by local ordinance prior to July 1,
12862010, or the amendment requires a design flood elevation above
1287the base flood elevation. Any amendment adopted pursuant to this
1288subsection shall be transmitted to the commission within 30 days
1289after being adopted.
1290     (7)(6)(a)  The commission, by rule adopted pursuant to ss.
1291120.536(1) and 120.54, shall update the Florida Building Code
1292every 3 years. When updating the Florida Building Code, the
1293commission shall select the most current version of the
1294International Building Code, the International Fuel Gas Code,
1295the International Mechanical Code, the International Plumbing
1296Code, and the International Residential Code, all of which are
1297adopted by the International Code Council, and the National
1298Electrical Code, which is adopted by the National Fire
1299Protection Association, to form the foundation codes of the
1300updated Florida Building Code, if the version has been adopted
1301by the applicable model code entity and made available to the
1302public at least 6 months prior to its selection by the
1303commission. The commission shall select the most current version
1304of the International Energy Conservation Code (IECC) as a
1305foundation code; however, the IECC shall be modified by the
1306commission to maintain the efficiencies of the Florida Energy
1307Efficiency Code for Building Construction adopted and amended
1308pursuant to s. 553.901.
1309     (8)(7)  Notwithstanding the provisions of subsection (3) or
1310subsection (7) (6), the commission may address issues identified
1311in this subsection by amending the code pursuant only to the
1312rule adoption procedures contained in chapter 120. Provisions of
1313the Florida Building Code, including those contained in
1314referenced standards and criteria, relating to wind resistance
1315or the prevention of water intrusion may not be amended pursuant
1316to this subsection to diminish those construction requirements;
1317however, the commission may, subject to conditions in this
1318subsection, amend the provisions to enhance those construction
1319requirements. Following the approval of any amendments to the
1320Florida Building Code by the commission and publication of the
1321amendments on the commission's website, authorities having
1322jurisdiction to enforce the Florida Building Code may enforce
1323the amendments. The commission may approve amendments that are
1324needed to address:
1325     (a)  Conflicts within the updated code;
1326     (b)  Conflicts between the updated code and the Florida
1327Fire Prevention Code adopted pursuant to chapter 633;
1328     (c)  The omission of previously adopted Florida-specific
1329amendments to the updated code if such omission is not supported
1330by a specific recommendation of a technical advisory committee
1331or particular action by the commission;
1332     (d)  Unintended results from the integration of previously
1333adopted Florida-specific amendments with the model code;
1334     (e)  Equivalency of standards;
1335     (f)(e)  Changes to or inconsistencies with federal or state
1336law; or
1337     (g)(f)  Adoption of an updated edition of the National
1338Electrical Code if the commission finds that delay of
1339implementing the updated edition causes undue hardship to
1340stakeholders or otherwise threatens the public health, safety,
1341and welfare.
1342     (10)(9)  The following buildings, structures, and
1343facilities are exempt from the Florida Building Code as provided
1344by law, and any further exemptions shall be as determined by the
1345Legislature and provided by law:
1346     (a)  Buildings and structures specifically regulated and
1347preempted by the Federal Government.
1348     (b)  Railroads and ancillary facilities associated with the
1349railroad.
1350     (c)  Nonresidential farm buildings on farms.
1351     (d)  Temporary buildings or sheds used exclusively for
1352construction purposes.
1353     (e)  Mobile or modular structures used as temporary
1354offices, except that the provisions of part II relating to
1355accessibility by persons with disabilities shall apply to such
1356mobile or modular structures.
1357     (f)  Those structures or facilities of electric utilities,
1358as defined in s. 366.02, which are directly involved in the
1359generation, transmission, or distribution of electricity.
1360     (g)  Temporary sets, assemblies, or structures used in
1361commercial motion picture or television production, or any
1362sound-recording equipment used in such production, on or off the
1363premises.
1364     (h)  Storage sheds that are not designed for human
1365habitation and that have a floor area of 720 square feet or less
1366are not required to comply with the mandatory wind-borne-debris-
1367impact standards of the Florida Building Code.
1368     (i)  Chickees constructed by the Miccosukee Tribe of
1369Indians of Florida or the Seminole Tribe of Florida. As used in
1370this paragraph, the term "chickee" means an open-sided wooden
1371hut that has a thatched roof of palm or palmetto or other
1372traditional materials, and that does not incorporate any
1373electrical, plumbing, or other nonwood features.
1374     (j)  Family mausoleums not exceeding 250 square feet in
1375area which are prefabricated and assembled on site or
1376preassembled and delivered on site and have walls, roofs, and a
1377floor constructed of granite, marble, or reinforced concrete.
1378
1379With the exception of paragraphs (a), (b), (c), and (f), in
1380order to preserve the health, safety, and welfare of the public,
1381the Florida Building Commission may, by rule adopted pursuant to
1382chapter 120, provide for exceptions to the broad categories of
1383buildings exempted in this section, including exceptions for
1384application of specific sections of the code or standards
1385adopted therein. The Department of Agriculture and Consumer
1386Services shall have exclusive authority to adopt by rule,
1387pursuant to chapter 120, exceptions to nonresidential farm
1388buildings exempted in paragraph (c) when reasonably necessary to
1389preserve public health, safety, and welfare. The exceptions must
1390be based upon specific criteria, such as under-roof floor area,
1391aggregate electrical service capacity, HVAC system capacity, or
1392other building requirements. Further, the commission may
1393recommend to the Legislature additional categories of buildings,
1394structures, or facilities which should be exempted from the
1395Florida Building Code, to be provided by law. The Florida
1396Building Code does not apply to temporary housing provided by
1397the Department of Corrections to any prisoner in the state
1398correctional system.
1399     (15)  An agency or local government may not require that
1400existing mechanical equipment on the surface of a roof be
1401installed in compliance with the requirements of the Florida
1402Building Code until the equipment is required to be removed or
1403replaced.
1404     (16)  The Florida Building Code must require that the
1405illumination in classroom units be designed to provide and
1406maintain an average of 40 foot-candles of light at each desktop.
1407Public educational facilities must consider using light-emitting
1408diode lighting before considering other lighting sources.
1409     (17)  The provisions of section R313 of the most current
1410version of the International Residential Code relating to
1411mandated fire sprinklers may not be incorporated into the
1412Florida Building Code as adopted by the Florida Building
1413Commission and may not be adopted as a local amendment to the
1414Florida Building Code. This subsection does not apply to a local
1415government that has a lawfully adopted ordinance relating to
1416fire sprinklers which has been in effect since January 1, 2010.
1417     Section 33.  Subsection (5) is added to section 553.74,
1418Florida Statutes, to read:
1419     553.74  Florida Building Commission.-
1420     (5)  Notwithstanding s. 112.313 or any other provision of
1421law, a member of any of commission's technical advisory
1422committees or a member of any other advisory committee or
1423workgroup of the commission, does not have an impermissible
1424conflict of interest when representing clients before the
1425commission or one of its committees or workgroups. However, the
1426member, in his or her capacity as member of the committee or
1427workgroup, may not take part in any discussion on or take action
1428on any matter in which he or she has a direct financial
1429interest.
1430     Section 34.  Subsection (2) of section 553.76, Florida
1431Statutes, is amended to read:
1432     553.76  General powers of the commission.-The commission is
1433authorized to:
1434     (2)  Issue memoranda of procedure for its internal
1435management and control. The commission may adopt rules related
1436to its consensus-based decisionmaking process, including, but
1437not limited to, super majority voting requirements for
1438commission actions relating to the adoption of the Florida
1439Building Code or amendments to the code.
1440     Section 35.  Subsections (2) and (4) of section 553.775,
1441Florida Statutes, are amended to read:
1442     553.775  Interpretations.-
1443     (2)  Local enforcement agencies, local building officials,
1444state agencies, and the commission shall interpret provisions of
1445the Florida Building Code in a manner that is consistent with
1446declaratory statements and interpretations entered by the
1447commission, except that conflicts between the Florida Fire
1448Prevention Code and the Florida Building Code shall be resolved
1449in accordance with s. 553.73(11)(10)(c) and (d).
1450     (4)  In order to administer this section, the commission
1451may adopt by rule and impose a fee for filing requests for
1452declaratory statements and binding and nonbinding
1453interpretations to recoup the cost of the proceedings which may
1454not exceed $125 for each request for a nonbinding interpretation
1455and $250 for each request for a binding review or
1456interpretation. For proceedings conducted by or in coordination
1457with a third-party, the rule may provide that payment be made
1458directly to the third party, who shall remit to the department
1459that portion of the fee necessary to cover the costs of the
1460department.
1461     Section 36.  Subsection (9) of section 553.79, Florida
1462Statutes, is amended to read:
1463     553.79  Permits; applications; issuance; inspections.-
1464     (9)  Any state agency whose enabling legislation authorizes
1465it to enforce provisions of the Florida Building Code may enter
1466into an agreement with any other unit of government to delegate
1467its responsibility to enforce those provisions and may expend
1468public funds for permit and inspection fees, which fees may be
1469no greater than the fees charged others. Inspection services
1470that are not required to be performed by a state agency under a
1471federal delegation of responsibility or by a state agency under
1472the Florida Building Code must be performed under the
1473alternative plans review and inspection process created in s.
1474553.791 or by a local governmental entity having authority to
1475enforce the Florida Building Code.
1476     Section 37.  For the purpose of incorporating the amendment
1477made by this act to section 553.79, Florida Statutes, in a
1478reference thereto, subsection (1) of section 553.80, Florida
1479Statutes, is reenacted, and paragraph (c) of subsection (1) and
1480subsection (3) of that section are amended, to read:
1481     553.80  Enforcement.-
1482     (1)  Except as provided in paragraphs (a)-(g), each local
1483government and each legally constituted enforcement district
1484with statutory authority shall regulate building construction
1485and, where authorized in the state agency's enabling
1486legislation, each state agency shall enforce the Florida
1487Building Code required by this part on all public or private
1488buildings, structures, and facilities, unless such
1489responsibility has been delegated to another unit of government
1490pursuant to s. 553.79(9).
1491     (a)  Construction regulations relating to correctional
1492facilities under the jurisdiction of the Department of
1493Corrections and the Department of Juvenile Justice are to be
1494enforced exclusively by those departments.
1495     (b)  Construction regulations relating to elevator
1496equipment under the jurisdiction of the Bureau of Elevators of
1497the Department of Business and Professional Regulation shall be
1498enforced exclusively by that department.
1499     (c)  In addition to the requirements of s. 553.79 and this
1500section, facilities subject to the provisions of chapter 395 and
1501parts part II and VIII of chapter 400 shall have facility plans
1502reviewed and construction surveyed by the state agency
1503authorized to do so under the requirements of chapter 395 and
1504parts part II and VIII of chapter 400 and the certification
1505requirements of the Federal Government. Facilities subject to
1506the provisions of part IV of chapter 400 may have facility plans
1507reviewed and shall have construction surveyed by the state
1508agency authorized to do so under the requirements of part IV of
1509chapter 400 and the certification requirements of the Federal
1510Government.
1511     (d)  Building plans approved under s. 553.77(3) and state-
1512approved manufactured buildings, including buildings
1513manufactured and assembled offsite and not intended for
1514habitation, such as lawn storage buildings and storage sheds,
1515are exempt from local code enforcing agency plan reviews except
1516for provisions of the code relating to erection, assembly, or
1517construction at the site. Erection, assembly, and construction
1518at the site are subject to local permitting and inspections.
1519Lawn storage buildings and storage sheds bearing the insignia of
1520approval of the department are not subject to s. 553.842. Such
1521buildings that do not exceed 400 square feet may be delivered
1522and installed without need of a contractor's or specialty
1523license.
1524     (e)  Construction regulations governing public schools,
1525state universities, and community colleges shall be enforced as
1526provided in subsection (6).
1527     (f)  The Florida Building Code as it pertains to toll
1528collection facilities under the jurisdiction of the turnpike
1529enterprise of the Department of Transportation shall be enforced
1530exclusively by the turnpike enterprise.
1531     (g)  Construction regulations relating to secure mental
1532health treatment facilities under the jurisdiction of the
1533Department of Children and Family Services shall be enforced
1534exclusively by the department in conjunction with the Agency for
1535Health Care Administration's review authority under paragraph
1536(c).
1537
1538The governing bodies of local governments may provide a schedule
1539of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1540section, for the enforcement of the provisions of this part.
1541Such fees shall be used solely for carrying out the local
1542government's responsibilities in enforcing the Florida Building
1543Code. The authority of state enforcing agencies to set fees for
1544enforcement shall be derived from authority existing on July 1,
15451998. However, nothing contained in this subsection shall
1546operate to limit such agencies from adjusting their fee schedule
1547in conformance with existing authority.
1548     (3)(a)  Each enforcement district shall be governed by a
1549board, the composition of which shall be determined by the
1550affected localities.
1551     (b)1.  At its own option, each enforcement district or
1552local enforcement agency may adopt promulgate rules granting to
1553the owner of a single-family residence one or more exemptions
1554from the Florida Building Code relating to:
1555     a.(a)  Addition, alteration, or repairs performed by the
1556property owner upon his or her own property, provided any
1557addition or alteration shall not exceed 1,000 square feet or the
1558square footage of the primary structure, whichever is less.
1559     b.(b)  Addition, alteration, or repairs by a nonowner
1560within a specific cost limitation set by rule, provided the
1561total cost shall not exceed $5,000 within any 12-month period.
1562     c.(c)  Building and inspection fees.
1563     2.  However, the exemptions under subparagraph 1. do not
1564apply to single-family residences that are located in mapped
1565flood hazard areas, as defined in the code, unless the
1566enforcement district or local enforcement agency has determined
1567that the work, which is otherwise exempt, does not constitute a
1568substantial improvement, including the repair of substantial
1569damage, of such single-family residences.
1570     3.  Each code exemption, as defined in sub-subparagraphs
15711.a, b., and c. paragraphs (a), (b), and (c), shall be certified
1572to the local board 10 days prior to implementation and shall
1573only be effective in the territorial jurisdiction of the
1574enforcement district or local enforcement agency implementing
1575it.
1576     Section 38.  Subsections (4) through (9) of section
1577553.841, Florida Statutes, are amended to read:
1578     553.841  Building code compliance and mitigation program.-
1579     (4)  The department, In administering the Florida Building
1580Code Compliance and Mitigation Program, the department shall
1581maintain, update, develop, or cause to be developed:
1582     (a)  A core curriculum that is prerequisite to the advanced
1583module coursework.
1584     (b)  advanced modules designed for use by each profession.
1585     (c)  The core curriculum developed under this subsection
1586must be submitted to the Department of Business and Professional
1587Regulation for approval. Advanced modules developed under this
1588paragraph must be approved by the commission and submitted to
1589the respective boards for approval.
1590     (5)  The core curriculum shall cover the information
1591required to have all categories of participants appropriately
1592informed as to their technical and administrative
1593responsibilities in the effective execution of the code process
1594by all individuals currently licensed under part XII of chapter
1595468, chapter 471, chapter 481, or chapter 489, except as
1596otherwise provided in s. 471.017. The core curriculum shall be
1597prerequisite to the advanced module coursework for all licensees
1598and shall be completed by individuals licensed in all categories
1599under part XII of chapter 468, chapter 471, chapter 481, or
1600chapter 489 within the first 2-year period after initial
1601licensure. Core course hours taken by licensees to complete this
1602requirement shall count toward fulfillment of required
1603continuing education units under part XII of chapter 468,
1604chapter 471, chapter 481, or chapter 489.
1605     (5)(6)  Each biennium, upon receipt of funds by the
1606Department of Community Affairs from the Construction Industry
1607Licensing Board and the Electrical Contractors' Licensing Board
1608provided under ss. 489.109(3) and 489.509(3), the department
1609shall determine the amount of funds available for the Florida
1610Building Code Compliance and Mitigation Program.
1611     (6)(7)  If the projects provided through the Florida
1612Building Code Compliance and Mitigation Program in any state
1613fiscal year do not require the use of all available funds, the
1614unused funds shall be carried forward and allocated for use
1615during the following fiscal year.
1616     (7)(8)  The Florida Building Commission shall provide by
1617rule for the accreditation of courses related to the Florida
1618Building Code by accreditors approved by the commission. The
1619commission shall establish qualifications of accreditors and
1620criteria for the accreditation of courses by rule. The
1621commission may revoke the accreditation of a course by an
1622accreditor if the accreditation is demonstrated to violate this
1623part or the rules of the commission.
1624     (8)(9)  This section does not prohibit or limit the subject
1625areas or development of continuing education or training on the
1626Florida Building Code by any qualified entity.
1627     Section 39.  Subsections (1), (5), (8), and (17) of section
1628553.842, Florida Statutes, are amended to read:
1629     553.842  Product evaluation and approval.-
1630     (1)  The commission shall adopt rules under ss. 120.536(1)
1631and 120.54 to develop and implement a product evaluation and
1632approval system that applies statewide to operate in
1633coordination with the Florida Building Code. The commission may
1634enter into contracts to provide for administration of the
1635product evaluation and approval system. The commission's rules
1636and any applicable contract may provide that the payment of fees
1637related to approvals be made directly to the administrator. Any
1638fee paid by a product manufacturer shall be used only for
1639funding the product evaluation and approval system. The product
1640evaluation and approval system shall provide:
1641     (a)  Appropriate promotion of innovation and new
1642technologies.
1643     (b)  Processing submittals of products from manufacturers
1644in a timely manner.
1645     (c)  Independent, third-party qualified and accredited
1646testing and laboratory facilities, product evaluation entities,
1647quality assurance agencies, certification agencies, and
1648validation entities.
1649     (d)  An easily accessible product acceptance list to
1650entities subject to the Florida Building Code.
1651     (e)  Development of stringent but reasonable testing
1652criteria based upon existing consensus standards, when
1653available, for products.
1654     (f)  Long-term approvals, where feasible. State and local
1655approvals will be valid until the requirements of the code on
1656which the approval is based change, the product changes in a
1657manner affecting its performance as required by the code, or the
1658approval is revoked. However, the commission may authorize by
1659rule editorial revisions to approvals and charge a fee as
1660provided in this section.
1661     (g)  Criteria for revocation of a product approval.
1662     (h)  Cost-effectiveness.
1663     (5)  Statewide approval of products, methods, or systems of
1664construction may be achieved by one of the following methods.
1665One of these methods must be used by the commission to approve
1666the following categories of products: panel walls, exterior
1667doors, roofing, skylights, windows, shutters, and structural
1668components as established by the commission by rule.
1669     (a)  Products for which the code establishes standardized
1670testing or comparative or rational analysis methods shall be
1671approved by submittal and validation of one of the following
1672reports or listings indicating that the product or method or
1673system of construction was evaluated to be in compliance with
1674the Florida Building Code and that the product or method or
1675system of construction is, for the purpose intended, at least
1676equivalent to that required by the Florida Building Code:
1677     1.  A certification mark or listing of an approved
1678certification agency, which may be used only for products for
1679which the code designates standardized testing;
1680     2.  A test report from an approved testing laboratory;
1681     3.  A product evaluation report based upon testing or
1682comparative or rational analysis, or a combination thereof, from
1683an approved product evaluation entity; or
1684     4.  A product evaluation report based upon testing or
1685comparative or rational analysis, or a combination thereof,
1686developed and signed and sealed by a professional engineer or
1687architect, licensed in this state.
1688
1689A product evaluation report or a certification mark or listing
1690of an approved certification agency which demonstrates that the
1691product or method or system of construction complies with the
1692Florida Building Code for the purpose intended shall be
1693equivalent to a test report and test procedure as referenced in
1694the Florida Building Code. An application for state approval of
1695a product under subparagraph 1. must be approved by the
1696department after the commission staff or a designee verifies
1697that the application and related documentation are complete.
1698This verification must be completed within 10 business days
1699after receipt of the application. Upon approval by the
1700department, the product shall be immediately added to the list
1701of state-approved products maintained under subsection (13).
1702Approvals by the department shall be reviewed and ratified by
1703the commission's program oversight committee except for a
1704showing of good cause that a review by the full commission is
1705necessary. The commission shall adopt rules providing means to
1706cure deficiencies identified within submittals for products
1707approved under this paragraph.
1708     (b)  Products, methods, or systems of construction for
1709which there are no specific standardized testing or comparative
1710or rational analysis methods established in the code may be
1711approved by submittal and validation of one of the following:
1712     1.  A product evaluation report based upon testing or
1713comparative or rational analysis, or a combination thereof, from
1714an approved product evaluation entity indicating that the
1715product or method or system of construction was evaluated to be
1716in compliance with the intent of the Florida Building Code and
1717that the product or method or system of construction is, for the
1718purpose intended, at least equivalent to that required by the
1719Florida Building Code; or
1720     2.  A product evaluation report based upon testing or
1721comparative or rational analysis, or a combination thereof,
1722developed and signed and sealed by a professional engineer or
1723architect, licensed in this state, who certifies that the
1724product or method or system of construction is, for the purpose
1725intended, at least equivalent to that required by the Florida
1726Building Code.
1727     (8)  The commission may adopt rules to approve the
1728following types of entities that produce information on which
1729product approvals are based. All of the following entities,
1730including engineers and architects, must comply with a
1731nationally recognized standard demonstrating independence or no
1732conflict of interest:
1733     (a)  Evaluation entities approved pursuant to this
1734paragraph that meet the criteria for approval adopted by the
1735commission by rule. The commission shall specifically approve
1736the National Evaluation Service, the International Association
1737of Plumbing and Mechanical Officials Evaluation Service the
1738International Conference of Building Officials Evaluation
1739Services, the International Code Council Evaluation Services,
1740the Building Officials and Code Administrators International
1741Evaluation Services, the Southern Building Code Congress
1742International Evaluation Services, and the Miami-Dade County
1743Building Code Compliance Office Product Control. Architects and
1744engineers licensed in this state are also approved to conduct
1745product evaluations as provided in subsection (5).
1746     (b)  Testing laboratories accredited by national
1747organizations, such as A2LA and the National Voluntary
1748Laboratory Accreditation Program, laboratories accredited by
1749evaluation entities approved under paragraph (a), and
1750laboratories that comply with other guidelines for testing
1751laboratories selected by the commission and adopted by rule.
1752     (c)  Quality assurance entities approved by evaluation
1753entities approved under paragraph (a) and by certification
1754agencies approved under paragraph (d) and other quality
1755assurance entities that comply with guidelines selected by the
1756commission and adopted by rule.
1757     (d)  Certification agencies accredited by nationally
1758recognized accreditors and other certification agencies that
1759comply with guidelines selected by the commission and adopted by
1760rule.
1761     (e)  Validation entities that comply with accreditation
1762standards established by the commission by rule.
1763     (17)(a)  The Florida Building Commission shall review the
1764list of evaluation entities in subsection (8) and, in the annual
1765report required under s. 553.77, shall either recommend
1766amendments to the list to add evaluation entities the commission
1767determines should be authorized to perform product evaluations
1768or shall report on the criteria adopted by rule or to be adopted
1769by rule allowing the commission to approve evaluation entities
1770that use the commission's product evaluation process. If the
1771commission adopts criteria by rule, the rulemaking process must
1772be completed by July 1, 2009.
1773     (b)  Notwithstanding paragraph (8)(a), the International
1774Association of Plumbing and Mechanical Officials Evaluation
1775Services is approved as an evaluation entity until October 1,
17762009. If the association does not obtain permanent approval by
1777the commission as an evaluation entity by October 1, 2009,
1778products approved on the basis of an association evaluation must
1779be substituted by an alternative, approved entity by December
178031, 2009, and on January 1, 2010, any product approval issued by
1781the commission based on an association evaluation is void.
1782     Section 40.  Subsection (4) is added to section 553.844,
1783Florida Statutes, to read:
1784     553.844  Windstorm loss mitigation; requirements for roofs
1785and opening protection.-
1786     (4)  Notwithstanding the provisions of this section,
1787exposed mechanical equipment or appliances fastened to a roof or
1788installed on the ground in compliance with the code using rated
1789stands, platforms, curbs, slabs, or other means are deemed to
1790comply with the wind resistance requirements of the 2007 Florida
1791Building Code, as amended. Further support or enclosure of such
1792mechanical equipment or appliances is not required by a state or
1793local official having authority to enforce the Florida Building
1794Code. This subsection expires on the effective date of the 2010
1795Florida Building Code.
1796     Section 41.  Section 553.885, Florida Statutes, is amended
1797to read:
1798     553.885  Carbon monoxide alarm required.-
1799     (1)  Every separate building or addition to an existing
1800building, other than a hospital, an inpatient hospice facility,
1801or a nursing home facility licensed by the Agency for Health
1802Care Administration, constructed for which a building permit is
1803issued for new construction on or after July 1, 2008, and having
1804a fossil-fuel-burning heater or appliance, a fireplace, or an
1805attached garage, or other feature, fixture, or element that
1806emits carbon monoxide as a byproduct of combustion shall have an
1807approved operational carbon monoxide alarm installed within 10
1808feet of each room used for sleeping purposes in the new building
1809or addition, or at such other locations as required by the
1810Florida Building Code. The requirements of this subsection may
1811be satisfied with the installation of a hard-wired battery-
1812powered carbon monoxide alarm or a hard-wired battery-powered
1813combination carbon monoxide and smoke alarm. For a new hospital,
1814an inpatient hospice facility, or a nursing home facility
1815licensed by the Agency for Health Care Administration, or a new
1816state correctional institution, an approved operational carbon
1817monoxide detector shall be installed inside or directly outside
1818of each room or area within the hospital or facility where a
1819fossil-fuel-burning heater, engine, or appliance is located.
1820This detector shall be connected to the fire alarm system of the
1821hospital or facility as a supervisory signal. This subsection
1822does not apply to existing buildings that are undergoing
1823alterations or repairs unless the alteration is an addition as
1824defined in subsection (3).
1825     (2)  The Florida Building Commission shall adopt rules to
1826administer this section and shall incorporate such requirements
1827into its next revision of the Florida Building Code.
1828     (3)  As used in this section, the term:
1829     (a)  "Carbon monoxide alarm" means a device that is meant
1830for the purpose of detecting carbon monoxide, that produces a
1831distinct audible alarm, and that meets the requirements of and
1832is approved by the Florida Building Commission.
1833     (b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
1834or other petroleum or hydrocarbon product that emits carbon
1835monoxide as a by-product of combustion.
1836     (c)  "Addition" means an extension or increase in floor
1837area, number of stories, or height of a building or structure.
1838     Section 42.  Subsection (2) of section 553.9061, Florida
1839Statutes, is amended to read:
1840     553.9061  Scheduled increases in thermal efficiency
1841standards.-
1842     (2)  The Florida Building Commission shall identify within
1843code support and compliance documentation the specific building
1844options and elements available to meet the energy performance
1845goals established in subsection (1). Energy efficiency
1846performance options and elements include, but are not limited
1847to:
1848     (a)  Energy-efficient water heating systems, including
1849solar water heating.
1850     (b)  Energy-efficient appliances.
1851     (c)  Energy-efficient windows, doors, and skylights.
1852     (d)  Low solar-absorption roofs, also known as "cool
1853roofs."
1854     (e)  Enhanced ceiling and wall insulation.
1855     (f)  Reduced-leak duct systems and energy-saving devices
1856and features installed within duct systems.
1857     (g)  Programmable thermostats.
1858     (h)  Energy-efficient lighting systems.
1859     (i)  Energy-saving quality installation procedures for
1860replacement air-conditioning systems, including, but not limited
1861to, equipment sizing analysis and duct inspection.
1862     (j)  Shading devices, sunscreening materials, and
1863overhangs.
1864     (k)  Weatherstripping, caulking, and sealing of exterior
1865openings and penetrations.
1866     (l)  Energy-efficient centralized computer data centers in
1867office buildings.
1868     Section 43.  Subsections (3) and (4) of section 553.909,
1869Florida Statutes, are amended to read:
1870     553.909  Setting requirements for appliances; exceptions.-
1871     (3)  Commercial or residential swimming pool pumps or water
1872heaters manufactured on or sold after July 1, 2011, shall comply
1873with the requirements of this subsection.
1874     (a)  Natural gas pool heaters shall not be equipped with
1875constantly burning pilots.
1876     (b)  Heat pump pool heaters shall have a coefficient of
1877performance at low temperature of not less than 4.0.
1878     (c)  The thermal efficiency of gas-fired pool heaters and
1879oil-fired pool heaters shall not be less than 78 percent.
1880     (d)  All pool heaters shall have a readily accessible on-
1881off switch that is mounted outside the heater and that allows
1882shutting off the heater without adjusting the thermostat
1883setting.
1884     (4)(a)  Residential swimming pool filtration pumps and pump
1885motors manufactured on or after July 1, 2011, must comply with
1886the requirements in this subsection.
1887     (b)  Residential filtration pool pump motors shall not be
1888split-phase, shaded-pole, or capacitor start-induction run
1889types.
1890     (c)  Residential filtration pool pumps and pool pump motors
1891with a total horsepower of 1 HP or more shall have the
1892capability of operating at two or more speeds with a low speed
1893having a rotation rate that is no more than one-half of the
1894motor's maximum rotation rate.
1895     (d)  Residential filtration pool pump motor controls shall
1896have the capability of operating the pool pump at a minimum of
1897two speeds. The default circulation speed shall be the
1898residential filtration speed, with a higher speed override
1899capability being for a temporary period not to exceed one normal
1900cycle or 24 hours 120 minutes, whichever is less; except that
1901circulation speed for solar pool heating systems shall be
1902permitted to run at higher speeds during periods of usable solar
1903heat gain.
1904     Section 44.  Section 553.912, Florida Statutes, is amended
1905to read:
1906     553.912  Air conditioners.-All air conditioners that which
1907are sold or installed in the state shall meet the minimum
1908efficiency ratings of the Florida Energy Efficiency Code for
1909Building Construction. These efficiency ratings shall be
1910minimums and may be updated in the Florida Energy Efficiency
1911Code for Building Construction by the department in accordance
1912with s. 553.901, following its determination that more cost-
1913effective energy-saving equipment and techniques are available.
1914It is the intent of the Legislature that all replacement air-
1915conditioning systems be installed using energy-saving, quality
1916installation procedures, including, but not limited to,
1917equipment sizing analysis and duct inspection.
1918     Section 45.  Section 627.711, Florida Statutes, is amended
1919to read:
1920     627.711  Notice of premium discounts for hurricane loss
1921mitigation; uniform mitigation verification inspection form.-
1922     (1)  Using a form prescribed by the Office of Insurance
1923Regulation, the insurer shall clearly notify the applicant or
1924policyholder of any personal lines residential property
1925insurance policy, at the time of the issuance of the policy and
1926at each renewal, of the availability and the range of each
1927premium discount, credit, other rate differential, or reduction
1928in deductibles, and combinations of discounts, credits, rate
1929differentials, or reductions in deductibles, for properties on
1930which fixtures or construction techniques demonstrated to reduce
1931the amount of loss in a windstorm can be or have been installed
1932or implemented. The prescribed form shall describe generally
1933what actions the policyholders may be able to take to reduce
1934their windstorm premium. The prescribed form and a list of such
1935ranges approved by the office for each insurer licensed in the
1936state and providing such discounts, credits, other rate
1937differentials, or reductions in deductibles for properties
1938described in this subsection shall be available for electronic
1939viewing and download from the Department of Financial Services'
1940or the Office of Insurance Regulation's Internet website. The
1941Financial Services Commission may adopt rules to implement this
1942subsection.
1943     (2)(a)  By July 1, 2007, The Financial Services Commission
1944shall develop by rule a uniform mitigation verification
1945inspection form that shall be used by all insurers when
1946submitted by policyholders for the purpose of factoring
1947discounts for wind insurance. In developing the form, the
1948commission shall seek input from insurance, construction, and
1949building code representatives. Further, the commission shall
1950provide guidance as to the length of time the inspection results
1951are valid. An insurer shall accept as valid a uniform mitigation
1952verification form certified by the Department of Financial
1953Services or signed by the following authorized mitigation
1954inspectors:
1955     1.(a)  A home inspector licensed under s. 468.8314 who has
1956completed at least 3 hours of hurricane mitigation training
1957which includes hurricane mitigation techniques and compliance
1958with the uniform mitigation verification form and completion of
1959a proficiency exam. Thereafter, home inspectors licensed under
1960s. 468.8314, must complete at least 2 hours of continuing
1961education, as part of the existing licensure renewal
1962requirements each year, related to mitigation inspection and the
1963uniform mitigation form hurricane mitigation inspector certified
1964by the My Safe Florida Home program;
1965     2.(b)  A building code inspector certified under s.
1966468.607;
1967     3.(c)  A general, building, or residential contractor
1968licensed under s. 489.111;
1969     4.(d)  A professional engineer licensed under s. 471.015
1970who has passed the appropriate equivalency test of the building
1971code training program as required by s. 553.841;
1972     5.(e)  A professional architect licensed under s. 481.213;
1973or
1974     6.(f)  Any other individual or entity recognized by the
1975insurer as possessing the necessary qualifications to properly
1976complete a uniform mitigation verification form.
1977     (b)  An insurer may, but is not required to, accept a form
1978from any other person possessing qualifications and experience
1979acceptable to the insurer.
1980     (3)  A person who is authorized to sign a mitigation
1981verification form must inspect the structures referenced by the
1982form personally, not through employees or other persons, and
1983must certify or attest to personal inspection of the structures
1984referenced by the form. However, licensees under s. 471.015 or
1985s. 489.111 may authorize a direct employee, who is not an
1986independent contractor, and who possesses the requisite skill,
1987knowledge and experience to conduct a mitigation verification
1988inspection. Insurers shall have the right to request and obtain
1989information from the authorized mitigation inspector under s.
1990489.111, regarding any authorized employee's qualifications
1991prior to accepting a mitigation verification form performed by
1992an employee that is not licensed under s. 471.015 or s. 489.111.
1993     (4)  An authorized mitigation inspector that signs a
1994uniform mitigation form, and a direct employee authorized to
1995conduct mitigation verification inspections under paragraph (3),
1996may not commit misconduct in performing hurricane mitigation
1997inspections or in completing a uniform mitigation form that
1998causes financial harm to a customer or their insurer; or that
1999jeopardizes a customer's health and safety. Misconduct occurs
2000when an authorized mitigation inspector signs a uniform
2001mitigation verification form that:
2002     (a)  Falsely indicates that he or she personally inspected
2003the structures referenced by the form;
2004     (b)  Falsely indicates the existence of a feature which
2005entitles an insured to a mitigation discount which the inspector
2006knows does not exist or did not personally inspect;
2007     (c)  Contains erroneous information due to the gross
2008negligence of the inspector; or
2009     (d)  Contains a pattern of demonstrably false information
2010regarding the existence of mitigation features that could give
2011an insured a false evaluation of the ability of the structure to
2012withstand major damage from a hurricane endangering the safety
2013of the insured's life and property.
2014     (5)  The licensing board of an authorized mitigation
2015inspector that violates subsection (4) may commence disciplinary
2016proceedings and impose administrative fines and other sanctions
2017authorized under the authorized mitigation inspector's licensing
2018act. Authorized mitigation inspectors licensed under s. 471.015
2019or s. 489.111 shall be directly liable for the acts of employees
2020that violate subsection (4) as if the authorized mitigation
2021inspector personally performed the inspection.
2022     (6)  An insurer, person, or other entity that obtains
2023evidence of fraud or evidence that an authorized mitigation
2024inspector or an employee authorized to conduct mitigation
2025verification inspections under paragraph (3), has made false
2026statements in the completion of a mitigation inspection form
2027shall file a report with the Division of Insurance Fraud, along
2028with all of the evidence in its possession that supports the
2029allegation of fraud or falsity. An insurer, person, or other
2030entity making the report shall be immune from liability in
2031accordance with s. 626.989(4), for any statements made in the
2032report, during the investigation, or in connection with the
2033report. The Division of Insurance Fraud shall issue an
2034investigative report if it finds that probable cause exists to
2035believe that the authorized mitigation inspector, or an employee
2036authorized to conduct mitigation verification inspections under
2037paragraph (3), made intentionally false or fraudulent statements
2038in the inspection form. Upon conclusion of the investigation and
2039a finding of probable cause that a violation has occurred, the
2040Division of Insurance Fraud shall send a copy of the
2041investigative report to the office and a copy to the agency
2042responsible for the professional licensure of the authorized
2043mitigation inspector, whether or not a prosecutor takes action
2044based upon the report.
2045     (7)(3)  An individual or entity who knowingly provides or
2046utters a false or fraudulent mitigation verification form with
2047the intent to obtain or receive a discount on an insurance
2048premium to which the individual or entity is not entitled
2049commits a misdemeanor of the first degree, punishable as
2050provided in s. 775.082 or s. 775.083.
2051     (8)  At its expense, the insurer may require that any
2052uniform mitigation verification form provided by an authorized
2053mitigation inspector or inspection company be independently
2054verified by an inspector, inspection company or an independent
2055third-party quality assurance provider which does possess a
2056quality assurance program prior to accepting the uniform
2057mitigation verification form as valid.
2058     Section 46.  Subsections (7) through (28) of section
2059633.021, Florida Statutes, are renumbered as subsections (8)
2060through (29), respectively, a new subsection (7) is added to
2061that section, and present subsection (20) of that section is
2062amended, to read:
2063     633.021  Definitions.-As used in this chapter:
2064     (7)(a)  "Fire equipment dealer Class A" means a licensed
2065fire equipment dealer whose business is limited to servicing,
2066recharging, repairing, installing, or inspecting all types of
2067fire extinguishers and conducting hydrostatic tests on all types
2068of fire extinguishers.
2069     (b)  "Fire equipment dealer Class B" means a licensed fire
2070equipment dealer whose business is limited to servicing,
2071recharging, repairing, installing, or inspecting all types of
2072fire extinguishers, including recharging carbon dioxide units
2073and conducting hydrostatic tests on all types of fire
2074extinguishers, except carbon dioxide units.
2075     (c)  "Fire equipment dealer Class C" means a licensed fire
2076equipment dealer whose business is limited to servicing,
2077recharging, repairing, installing, or inspecting all types of
2078fire extinguishers, except recharging carbon dioxide units, and
2079conducting hydrostatic tests on all types of fire extinguishers,
2080except carbon dioxide units.
2081     (d)  "Fire equipment dealer Class D" means a licensed fire
2082equipment dealer whose business is limited to servicing,
2083recharging, repairing, installing, hydrotesting, or inspecting
2084of all types of preengineered fire extinguishing systems.
2085     (21)(a)(20)  A "preengineered system" is a fire suppression
2086system which:
2087     1.(a)  Uses any of a variety of extinguishing agents.
2088     2.(b)  Is designed to protect specific hazards.
2089     3.(c)  Must be installed according to pretested limitations
2090and configurations specified by the manufacturer and applicable
2091National Fire Protection Association (NFPA) standards. Only
2092those chapters within the National Fire Protection Association
2093standards that pertain to servicing, recharging, repairing,
2094installing, hydrotesting, or inspecting any type of
2095preengineered fire extinguishing system may be used.
2096     4.(d)  Must be installed using components specified by the
2097manufacturer or components that are listed as equal parts by a
2098nationally recognized testing laboratory such as Underwriters
2099Laboratories, Inc., or Factory Mutual Laboratories, Inc.
2100     5.(e)  Must be listed by a nationally recognized testing
2101laboratory.
2102     (b)  Preengineered systems consist of and include all of
2103the components and parts providing fire suppression protection,
2104but do not include the equipment being protected, and may
2105incorporate special nozzles, flow rates, methods of application,
2106pressurization levels, and quantities of agents designed by the
2107manufacturer for specific hazards.
2108     Section 47.  Paragraph (b) of subsection (3) of section
2109633.0215, Florida Statutes, is amended, and subsections (13) and
2110(14) are added to that section, to read:
2111     633.0215  Florida Fire Prevention Code.-
2112     (3)  No later than 180 days before the triennial adoption
2113of the Florida Fire Prevention Code, the State Fire Marshal
2114shall notify each municipal, county, and special district fire
2115department of the triennial code adoption and steps necessary
2116for local amendments to be included within the code. No later
2117than 120 days before the triennial adoption of the Florida Fire
2118Prevention Code, each local jurisdiction shall provide the State
2119Fire Marshal with copies of its local fire code amendments. The
2120State Fire Marshal has the option to process local fire code
2121amendments that are received less than 120 days before the
2122adoption date of the Florida Fire Prevention Code.
2123     (b)  Any local amendment to the Florida Fire Prevention
2124Code adopted by a local government shall be effective only until
2125the adoption of the new edition of the Florida Fire Prevention
2126Code, which shall be every third year. At such time, the State
2127Fire Marshal shall adopt such amendment as part of the Florida
2128Fire Prevention Code or rescind the amendment. The State Fire
2129Marshal shall immediately notify the respective local government
2130of the rescission of the amendment and the reason for the
2131rescission. After receiving such notice, the respective local
2132government may readopt the rescinded amendment. Incorporation of
2133local amendments as regional and local concerns and variations
2134shall be considered as adoption of an amendment pursuant to this
2135section part.
2136     (13)(a)  The State Fire Marshal shall issue an expedited
2137declaratory statement relating to interpretations of provisions
2138of the Florida Fire Prevention Code according to the following
2139guidelines:
2140     1.  The declaratory statement shall be rendered in
2141accordance with s. 120.565, except that a final decision must be
2142issued by the State Fire Marshal within 45 days after the
2143division's receipt of a petition seeking an expedited
2144declaratory statement. The State Fire Marshal shall give notice
2145of the petition and the expedited declaratory statement or the
2146denial of the petition in the next available issue of the
2147Florida Administrative Weekly after the petition is filed and
2148after the statement or denial is rendered.
2149     2.  The petitioner must be the owner of the disputed
2150project or the owner's representative.
2151     3.  The petition for an expedited declaratory statement
2152must be:
2153     a.  Related to an active project that is under construction
2154or must have been submitted for a permit.
2155     b.  The subject of a written notice citing a specific
2156provision of the Florida Fire Prevention Code which is in
2157dispute.
2158     c.  Limited to a single question that is capable of being
2159answered with a "yes" or "no" response.
2160     (b)  A petition for a declaratory statement which does not
2161meet all of the requirements of this subsection must be denied
2162without prejudice. This subsection does not affect the right of
2163the petitioner as a substantially affected person to seek a
2164declaratory statement under s. 633.01(6).
2165     (14)  A condominium that is one or two stories in height
2166and has an exterior corridor providing a means of egress is
2167exempt from installing a manual fire alarm system as required in
2168s. 9.6 of the most recent edition of the Life Safety Code
2169adopted in the Florida Fire Prevention Code.
2170     Section 48.  Subsections (2) and (10) of section 633.0245,
2171Florida Statutes, are amended to read:
2172     633.0245  State Fire Marshal Nursing Home Fire Protection
2173Loan Guarantee Program.-
2174     (2)  The State Fire Marshal may enter into limited loan
2175guarantee agreements with one or more financial institutions
2176qualified as public depositories in this state. Such agreements
2177shall provide a limited guarantee by the State of Florida
2178covering no more than 50 percent of the principal sum loaned by
2179such financial institution to an eligible nursing home, as
2180defined in subsection (10), for the sole purpose of the initial
2181installation at such nursing home of a fire protection system,
2182as defined in s. 633.021(10)(9), approved by the State Fire
2183Marshal as being in compliance with the provisions of s. 633.022
2184and rules adopted thereunder.
2185     (10)  For purposes of this section, "eligible nursing home"
2186means a nursing home facility that provides nursing services as
2187defined in chapter 464, is licensed under part II of chapter
2188400, and is certified by the Agency for Health Care
2189Administration to lack an installed fire protection system as
2190defined in s. 633.021(10)(9).
2191     Section 49.  Subsection (11) is added to section 633.025,
2192Florida Statutes, to read:
2193     633.025  Minimum firesafety standards.-
2194     (11)  Notwithstanding subsection (9), a property owner may
2195not be required to install fire sprinklers in any residential
2196property based upon the use of such property as a rental
2197property or any change in or reclassification of the property's
2198primary use to a rental property.
2199     Section 50.  Section 633.026, Florida Statutes, is amended
2200to read:
2201     633.026  Legislative intent; informal interpretations of
2202the Florida Fire Prevention Code.-It is the intent of the
2203Legislature that the Florida Fire Prevention Code be interpreted
2204by fire officials and local enforcement agencies in a manner
2205that reasonably and cost-effectively protects the public safety,
2206health, and welfare, ensures uniform interpretations throughout
2207this state, and provides just and expeditious processes for
2208resolving disputes regarding such interpretations. It is the
2209further intent of the Legislature that such processes provide
2210for the expeditious resolution of the issues presented and that
2211the resulting interpretation of such issues be published on the
2212website of the Division of State Fire Marshal.
2213     (1)  The Division of State Fire Marshal shall by rule
2214establish an informal process of rendering nonbinding
2215interpretations of the Florida Fire Prevention Code. The
2216Division of State Fire Marshal may contract with and refer
2217interpretive issues to a third party, selected based upon cost
2218effectiveness, quality of services to be performed, and other
2219performance-based criteria, which nonprofit organization that
2220has experience in interpreting and enforcing the Florida Fire
2221Prevention Code. The Division of State Fire Marshal shall
2222immediately implement the process prior to the completion of
2223formal rulemaking. It is the intent of the Legislature that the
2224Division of State Fire Marshal establish create a Fire Code
2225Interpretation Committee composed of seven persons and seven
2226alternates, equally representing each area of the state process
2227to refer questions to a small group of individuals certified
2228under s. 633.081(2), to which a party can pose questions
2229regarding the interpretation of the Florida Fire Prevention Code
2230provisions.
2231     (2)  Each member and alternate member of the Fire Code
2232Interpretation Committee must be certified as a firesafety
2233inspector pursuant to s. 633.081(2) and must have a minimum of 5
2234years of experience interpreting and enforcing the Florida Fire
2235Prevention Code and the Life Safety Code. Each member and
2236alternate member must be approved by the Division of State Fire
2237Marshal and deemed by the division to have met these
2238requirements for at least 30 days before participating in a
2239review of a nonbinding interpretation. It is the intent of the
2240Legislature that the process provide for the expeditious
2241resolution of the issues presented and publication of the
2242resulting interpretation on the website of the Division of State
2243Fire Marshal. It is the intent of the Legislature that this
2244program be similar to the program established by the Florida
2245Building Commission in s. 553.775(3)(g).
2246     (3)  Each nonbinding interpretation of code provisions must
2247be provided within 10 business days after receipt of a request
2248for interpretation. The response period established in this
2249subsection may be waived only with the written consent of the
2250party requesting the nonbinding interpretation and the Division
2251of State Fire Marshal. Nonbinding Such interpretations shall be
2252advisory only and nonbinding on the parties or the State Fire
2253Marshal.
2254     (4)  In order to administer this section, the Division of
2255State Fire Marshal shall charge department may adopt by rule and
2256impose a fee for nonbinding interpretations, with payment made
2257directly to the third party. The fee may not exceed $150 for
2258each request for a review or interpretation. The division may
2259authorize payment of fees directly to the nonprofit organization
2260under contract pursuant to subsection (1).
2261     (5)  A party requesting a nonbinding interpretation who
2262disagrees with the interpretation issued under this section may
2263apply for a formal interpretation from the State Fire Marshal
2264pursuant to s. 633.01(6).
2265     (6)  The Division of State Fire Marshal shall issue or
2266cause to be issued a nonbinding interpretation of the Florida
2267Fire Prevention Code pursuant to this section when requested to
2268do so upon submission of a petition by a fire official or by the
2269owner or owner's representative or the contractor or
2270contractor's representative of a project in dispute. The
2271division shall adopt a petition form by rule and the petition
2272form must be published on the State Fire Marshal's website. The
2273form shall, at a minimum, require:
2274     (a)  The name and address of the local fire official,
2275including the address of the county, municipality, or special
2276district.
2277     (b)  The name and address of the owner or owner's
2278representative or the contractor or contractor's representative.
2279     (c)  A statement of the specific sections of the Florida
2280Fire Prevention Code being interpreted by the local fire
2281official.
2282     (d)  An explanation of how the petitioner's substantial
2283interests are being affected by the local interpretation of the
2284Florida Fire Prevention Code.
2285     (e)  A statement of the interpretation of the specific
2286sections of the Florida Fire Prevention Code by the local fire
2287official.
2288     (f)  A statement of the interpretation that the petitioner
2289contends should be given to the specific sections of the Florida
2290Fire Prevention Code and a statement supporting the petitioner's
2291interpretation.
2292     (7)  Upon receipt of a petition that meets the requirements
2293of subsection (6), the Division of State Fire Marshal shall
2294immediately provide copies of the petition to the Fire Code
2295Interpretation Committee, and shall publish the petition and any
2296response submitted by the local fire official on the State Fire
2297Marshal's website.
2298     (8)  The committee shall conduct proceedings as necessary
2299to resolve the issues and give due regard to the petition, the
2300facts of the matter at issue, specific code sections cited, and
2301any statutory implications affecting the Florida Fire Prevention
2302Code. The committee shall issue an interpretation regarding the
2303provisions of the Florida Fire Prevention Code within 10 days
2304after the filing of a petition. The committee shall issue an
2305interpretation based upon the Florida Fire Prevention Code or,
2306if the code is ambiguous, the intent of the code. The
2307committee's interpretation shall be provided to the petitioner
2308and shall include a notice that if the petitioner disagrees with
2309the interpretation, the petitioner may file a request for formal
2310interpretation by the State Fire Marshal under s. 633.01(6). The
2311committee's interpretation shall be provided to the State Fire
2312Marshal, and the division shall publish the interpretation on
2313the State Fire Marshal's website and in the Florida
2314Administrative Weekly.
2315     Section 51.  Subsections (2) through (10) of section
2316633.061, Florida Statutes, are renumbered as subsections (3)
2317through (11), respectively, a new subsection (2) is added to
2318that section, and paragraphs (a) and (c) of present subsection
2319(3) of that section are amended, to read:
2320     633.061  Fire suppression equipment; license to install or
2321maintain.-
2322     (2)  A person who holds a valid fire equipment dealer
2323license may maintain such license in an inactive status during
2324which time he or she may not engage in any work under the
2325definition of the license held. An inactive status license shall
2326be void after 2 years or at the time that the license is
2327renewed, whichever comes first. The biennial renewal fee for an
2328inactive status license shall be $75. An inactive status license
2329may not be reactivated unless the continuing education
2330requirements of this chapter have been fulfilled.
2331     (4)(3)(a)  Such licenses and permits shall be issued by the
2332State Fire Marshal for 2 years beginning January 1, 2000, and
2333each 2-year period thereafter and expiring December 31 of the
2334second year. All licenses or permits issued will expire on
2335December 31 of each odd-numbered year. The failure to renew a
2336license or permit by December 31 of the second year will cause
2337the license or permit to become inoperative. The holder of an
2338inoperative license or permit shall not engage in any activities
2339for which a license or permit is required by this section. A
2340license or permit which is inoperative because of the failure to
2341renew it shall be restored upon payment of the applicable fee
2342plus a penalty equal to the applicable fee, if the application
2343for renewal is filed no later than the following March 31. If
2344the application for restoration is not made before the March
234531st deadline, the fee for restoration shall be equal to the
2346original application fee and the penalty provided for herein,
2347and, in addition, the State Fire Marshal shall require
2348reexamination of the applicant. The fee for a license or permit
2349issued for 1 year or less shall be prorated at 50 percent of the
2350applicable fee for a biennial license or permit. After initial
2351licensure, each licensee or permittee must shall successfully
2352complete a course or courses of continuing education for fire
2353equipment technicians of at least 16 32 hours. A license or
2354permit may not be renewed unless the licensee or permittee
2355produces documentation of the completion of at least 16 hours of
2356continuing education for fire equipment technicians during the
2357biennial licensure period within 4 years of initial issuance of
2358a license or permit and within each 4-year period thereafter or
2359no such license or permit shall be renewed. A person who is both
2360a licensee and a permittee shall be required to complete 16 32
2361hours of continuing education during each renewal per 4-year
2362period. Each licensee shall ensure that all permittees in his or
2363her employment meet their continuing education requirements. The
2364State Fire Marshal shall adopt rules describing the continuing
2365education requirements and shall have the authority upon
2366reasonable belief, to audit a fire equipment dealer to determine
2367compliance with continuing education requirements.
2368     (c)  A license of any class shall not be issued or renewed
2369by the State Fire Marshal and a license of any class shall not
2370remain operative unless:
2371     1.  The applicant has submitted to the State Fire Marshal
2372evidence of registration as a Florida corporation or evidence of
2373compliance with s. 865.09.
2374     2.  The State Fire Marshal or his or her designee has by
2375inspection determined that the applicant possesses the equipment
2376required for the class of license sought. The State Fire Marshal
2377shall give an applicant a reasonable opportunity to correct any
2378deficiencies discovered by inspection. A fee of $50, payable to
2379the State Fire Marshal, shall be required for any subsequent
2380reinspection.
2381     3.  The applicant has submitted to the State Fire Marshal
2382proof of insurance providing coverage for comprehensive general
2383liability for bodily injury and property damage, products
2384liability, completed operations, and contractual liability. The
2385State Fire Marshal shall adopt rules providing for the amounts
2386of such coverage, but such amounts shall not be less than
2387$300,000 for Class A or Class D licenses, $200,000 for Class B
2388licenses, and $100,000 for Class C licenses; and the total
2389coverage for any class of license held in conjunction with a
2390Class D license shall not be less than $300,000. The State Fire
2391Marshal may, at any time after the issuance of a license or its
2392renewal, require upon demand, and in no event more than 30 days
2393after notice of such demand, the licensee to provide proof of
2394insurance, on a form provided by the State Fire Marshal,
2395containing confirmation of insurance coverage as required by
2396this chapter. Failure, for any length of time, to provide proof
2397of insurance coverage as required shall result in the immediate
2398suspension of the license until proof of proper insurance is
2399provided to the State Fire Marshal. An insurer which provides
2400such coverage shall notify the State Fire Marshal of any change
2401in coverage or of any termination, cancellation, or nonrenewal
2402of any coverage.
2403     4.  The applicant applies to the State Fire Marshal,
2404provides proof of experience, and successfully completes a
2405prescribed training course offered by the State Fire College or
2406an equivalent course approved by the State Fire Marshal. This
2407subparagraph does not apply to any holder of or applicant for a
2408permit under paragraph (f) or to a business organization or a
2409governmental entity seeking initial licensure or renewal of an
2410existing license solely for the purpose of inspecting,
2411servicing, repairing, marking, recharging, and maintaining fire
2412extinguishers used and located on the premises of and owned by
2413such organization or entity.
2414     5.  The applicant has a current retestor identification
2415number that is appropriate for the license for which the
2416applicant is applying and that is listed with the United States
2417Department of Transportation.
2418     6.  The applicant has passed, with a grade of at least 70
2419percent, a written examination testing his or her knowledge of
2420the rules and statutes regulating the activities authorized by
2421the license and demonstrating his or her knowledge and ability
2422to perform those tasks in a competent, lawful, and safe manner.
2423Such examination shall be developed and administered by the
2424State Fire Marshal, or his or her designee in accordance with
2425policies and procedures of the State Fire Marshal. An applicant
2426shall pay a nonrefundable examination fee of $50 for each
2427examination or reexamination scheduled. No reexamination shall
2428be scheduled sooner than 30 days after any administration of an
2429examination to an applicant. No applicant shall be permitted to
2430take an examination for any level of license more than a total
2431of four times during 1 year, regardless of the number of
2432applications submitted. As a prerequisite to licensure of the
2433applicant:
2434     a.  Must be at least 18 years of age.
2435     b.  Must have 4 years of proven experience as a fire
2436equipment permittee at a level equal to or greater than the
2437level of license applied for or have a combination of education
2438and experience determined to be equivalent thereto by the State
2439Fire Marshal. Having held a permit at the appropriate level for
2440the required period constitutes the required experience.
2441     c.  Must not have been convicted of, or pled nolo
2442contendere to, any felony. If an applicant has been convicted of
2443any such felony, the applicant must comply with s.
2444112.011(1)(b).
2445
2446This subparagraph does not apply to any holder of or applicant
2447for a permit under paragraph (f) or to a business organization
2448or a governmental entity seeking initial licensure or renewal of
2449an existing license solely for the purpose of inspecting,
2450servicing, repairing, marking, recharging, hydrotesting, and
2451maintaining fire extinguishers used and located on the premises
2452of and owned by such organization or entity.
2453     Section 52.  Section 633.081, Florida Statutes, is amended
2454to read:
2455     633.081  Inspection of buildings and equipment; orders;
2456firesafety inspection training requirements; certification;
2457disciplinary action.-The State Fire Marshal and her or his
2458agents shall, at any reasonable hour, when the State Fire
2459Marshal department has reasonable cause to believe that a
2460violation of this chapter or s. 509.215, or a rule promulgated
2461thereunder, or a minimum firesafety code adopted by a local
2462authority, may exist, inspect any and all buildings and
2463structures which are subject to the requirements of this chapter
2464or s. 509.215 and rules promulgated thereunder. The authority to
2465inspect shall extend to all equipment, vehicles, and chemicals
2466which are located within the premises of any such building or
2467structure.
2468     (1)  Each county, municipality, and special district that
2469has firesafety enforcement responsibilities shall employ or
2470contract with a firesafety inspector. Except as provided in s.
2471633.082(2), the firesafety inspector must conduct all firesafety
2472inspections that are required by law. The governing body of a
2473county, municipality, or special district that has firesafety
2474enforcement responsibilities may provide a schedule of fees to
2475pay only the costs of inspections conducted pursuant to this
2476subsection and related administrative expenses. Two or more
2477counties, municipalities, or special districts that have
2478firesafety enforcement responsibilities may jointly employ or
2479contract with a firesafety inspector.
2480     (2)  Except as provided in s. 633.082(2), every firesafety
2481inspection conducted pursuant to state or local firesafety
2482requirements shall be by a person certified as having met the
2483inspection training requirements set by the State Fire Marshal.
2484Such person shall:
2485     (a)  Be a high school graduate or the equivalent as
2486determined by the department;
2487     (b)  Not have been found guilty of, or having pleaded
2488guilty or nolo contendere to, a felony or a crime punishable by
2489imprisonment of 1 year or more under the law of the United
2490States, or of any state thereof, which involves moral turpitude,
2491without regard to whether a judgment of conviction has been
2492entered by the court having jurisdiction of such cases;
2493     (c)  Have her or his fingerprints on file with the
2494department or with an agency designated by the department;
2495     (d)  Have good moral character as determined by the
2496department;
2497     (e)  Be at least 18 years of age;
2498     (f)  Have satisfactorily completed the firesafety inspector
2499certification examination as prescribed by the department; and
2500     (g)1.  Have satisfactorily completed, as determined by the
2501department, a firesafety inspector training program of not less
2502than 200 hours established by the department and administered by
2503agencies and institutions approved by the department for the
2504purpose of providing basic certification training for firesafety
2505inspectors; or
2506     2.  Have received in another state training which is
2507determined by the department to be at least equivalent to that
2508required by the department for approved firesafety inspector
2509education and training programs in this state.
2510     (3)  Each special state firesafety inspection which is
2511required by law and is conducted by or on behalf of an agency of
2512the state must be performed by an individual who has met the
2513provision of subsection (2), except that the duration of the
2514training program shall not exceed 120 hours of specific training
2515for the type of property that such special state firesafety
2516inspectors are assigned to inspect.
2517     (4)  A firefighter certified pursuant to s. 633.35 may
2518conduct firesafety inspections, under the supervision of a
2519certified firesafety inspector, while on duty as a member of a
2520fire department company conducting inservice firesafety
2521inspections without being certified as a firesafety inspector,
2522if such firefighter has satisfactorily completed an inservice
2523fire department company inspector training program of at least
252424 hours' duration as provided by rule of the department.
2525     (5)  Every firesafety inspector or special state firesafety
2526inspector certificate is valid for a period of 3 years from the
2527date of issuance. Renewal of certification shall be subject to
2528the affected person's completing proper application for renewal
2529and meeting all of the requirements for renewal as established
2530under this chapter or by rule promulgated thereunder, which
2531shall include completion of at least 40 hours during the
2532preceding 3-year period of continuing education as required by
2533the rule of the department or, in lieu thereof, successful
2534passage of an examination as established by the department.
2535     (6)  The State Fire Marshal may deny, refuse to renew,
2536suspend, or revoke the certificate of a firesafety inspector or
2537special state firesafety inspector if it finds that any of the
2538following grounds exist:
2539     (a)  Any cause for which issuance of a certificate could
2540have been refused had it then existed and been known to the
2541State Fire Marshal.
2542     (b)  Violation of this chapter or any rule or order of the
2543State Fire Marshal.
2544     (c)  Falsification of records relating to the certificate.
2545     (d)  Having been found guilty of or having pleaded guilty
2546or nolo contendere to a felony, whether or not a judgment of
2547conviction has been entered.
2548     (e)  Failure to meet any of the renewal requirements.
2549     (f)  Having been convicted of a crime in any jurisdiction
2550which directly relates to the practice of fire code inspection,
2551plan review, or administration.
2552     (g)  Making or filing a report or record that the
2553certificateholder knows to be false, or knowingly inducing
2554another to file a false report or record, or knowingly failing
2555to file a report or record required by state or local law, or
2556knowingly impeding or obstructing such filing, or knowingly
2557inducing another person to impede or obstruct such filing.
2558     (h)  Failing to properly enforce applicable fire codes or
2559permit requirements within this state which the
2560certificateholder knows are applicable by committing willful
2561misconduct, gross negligence, gross misconduct, repeated
2562negligence, or negligence resulting in a significant danger to
2563life or property.
2564     (i)  Accepting labor, services, or materials at no charge
2565or at a noncompetitive rate from any person who performs work
2566that is under the enforcement authority of the certificateholder
2567and who is not an immediate family member of the
2568certificateholder. For the purpose of this paragraph, the term
2569"immediate family member" means a spouse, child, parent,
2570sibling, grandparent, aunt, uncle, or first cousin of the person
2571or the person's spouse or any person who resides in the primary
2572residence of the certificateholder.
2573     (7)  The Division of State Fire Marshal and the Florida
2574Building Code Administrators and Inspectors Board, established
2575pursuant to under s. 468.605, shall enter into a reciprocity
2576agreement to facilitate joint recognition of continuing
2577education recertification hours for certificateholders licensed
2578under s. 468.609 and firesafety inspectors certified under
2579subsection (2).
2580     (8)  The State Fire Marshal shall develop by rule an
2581advanced training and certification program for firesafety
2582inspectors having fire code management responsibilities. The
2583program must be consistent with the appropriate provisions of
2584NFPA 1037, or similar standards adopted by the division, and
2585establish minimum training, education, and experience levels for
2586firesafety inspectors having fire code management
2587responsibilities.
2588     (9)(7)  The department shall provide by rule for the
2589certification of firesafety inspectors.
2590     Section 53.  Subsections (2) and (3) of section 633.082,
2591Florida Statutes, are amended to read:
2592     633.082  Inspection of fire control systems, fire hydrants,
2593and fire protection systems.-
2594     (2)  Fire hydrants and fire protection systems installed in
2595public and private properties, except one-family or two-family
2596dwellings, in this state shall be inspected following procedures
2597established in the nationally recognized inspection, testing,
2598and maintenance standards publications NFPA-24 and NFPA-25 as
2599set forth in the edition adopted by the State Fire Marshal.
2600Quarterly, annual, 3-year, and 5-year inspections consistent
2601with the contractual provisions with the owner shall be
2602conducted by the certificateholder or permittees employed by the
2603certificateholder pursuant to s. 633.521, except that:
2604     (a)  Public fire hydrants owned by a governmental entity
2605shall be inspected following procedures established in the
2606inspection, testing, and maintenance standards adopted by the
2607State Fire Marshal or equivalent standards such as those
2608contained in the latest edition of the American Water Works
2609Association's Manual M17, "Installation, Field Testing, and
2610Maintenance of Fire Hydrants."
2611     (b)  County, municipal, and special district utilities may
2612perform fire hydrant inspections required by this section using
2613designated employees. Such designated employees need not be
2614certified under this chapter. However, counties, municipalities,
2615or special districts that use designated employees are
2616responsible for ensuring that the designated employees are
2617qualified to perform such inspections.
2618     (3)  The inspecting contractor shall provide to the
2619building owner or hydrant owner and the local authority having
2620jurisdiction a copy of the applicable inspection report
2621established under this chapter. The maintenance of fire hydrant
2622and fire protection systems as well as corrective actions on
2623deficient systems is the responsibility of the owner of the
2624system or hydrant. Equipment requiring periodic testing or
2625operation to ensure its maintenance shall be tested or operated
2626as specified in the Fire Prevention Code, Life Safety Code,
2627National Fire Protection Association standards, or as directed
2628by the agency having jurisdiction, provided that such agency
2629shall not require a sprinkler system not required by the Fire
2630Prevention Code, Life Safety Code or National Fire Protection
2631Association Standards to be removed regardless of its condition.
2632This section does not prohibit governmental entities from
2633inspecting and enforcing firesafety codes.
2634     Section 54.  Section 633.352, Florida Statutes, is amended
2635to read:
2636     633.352  Retention of firefighter certification.-Any
2637certified firefighter who has not been active as a firefighter,
2638or as a volunteer firefighter with an organized fire department,
2639for a period of 3 years shall be required to retake the
2640practical portion of the minimum standards state examination
2641specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
2642Administrative Code, in order to maintain her or his
2643certification as a firefighter; however, this requirement does
2644not apply to state-certified firefighters who are certified and
2645employed as full-time firesafety inspectors or firesafety
2646instructors, regardless of the firefighter's employment status
2647as determined by the division. The 3-year period begins on the
2648date the certificate of compliance is issued or upon termination
2649of service with an organized fire department.
2650     Section 55.  Paragraph (e) of subsection (2) and
2651subsections (3), (10), and (11) of section 633.521, Florida
2652Statutes, are amended to read:
2653     633.521  Certificate application and issuance; permit
2654issuance; examination and investigation of applicant.-
2655     (2)
2656     (e)  An applicant may not be examined more than four times
2657during 1 year for certification as a contractor pursuant to this
2658section unless the person is or has been certified and is taking
2659the examination to change classifications. If an applicant does
2660not pass one or more parts of the examination, she or he may
2661take any part of the examination three more times during the 1-
2662year period beginning upon the date she or he originally filed
2663an application to take the examination. If the applicant does
2664not pass the examination within that 1-year period, she or he
2665must file a new application and pay the application and
2666examination fees in order to take the examination or a part of
2667the examination again. However, the applicant may not file a new
2668application sooner than 6 months after the date of her or his
2669last examination. An applicant who passes the examination but
2670does not meet the remaining qualifications as provided in
2671applicable statutes and rules within 1 year after the
2672application date must file a new application, pay the
2673application and examination fee, successfully complete a
2674prescribed training course approved by the State Fire College or
2675an equivalent course approved by the State Fire Marshal, and
2676retake and pass the written examination.
2677     (3)(a)  As a prerequisite to taking the examination for
2678certification as a Contractor I, Contractor II, or Contractor
2679III, the applicant must be at least 18 years of age, be of good
2680moral character, and shall possess 4 years' proven experience in
2681the employment of a fire protection system Contractor I,
2682Contractor II, or Contractor III or a combination of equivalent
2683education and experience in both water-based and chemical fire
2684suppression systems.
2685     (b)  As a prerequisite to taking the examination for
2686certification as a Contractor II, the applicant must be at least
268718 years of age, be of good moral character, and have 4 years of
2688verifiable employment experience with a fire protection system
2689as a Contractor I or Contractor II, or a combination of
2690equivalent education and experience in water-based fire
2691suppression systems.
2692     (c)  Required education and experience for certification as
2693a Contractor I, Contractor II, Contractor III, or Contractor IV
2694includes training and experience in both installation and system
2695layout as defined in s. 633.021.
2696     (d)  As a prerequisite to taking the examination for
2697certification as a Contractor III, the applicant must be at
2698least 18 years of age, be of good moral character, and have 4
2699years of verifiable employment experience with a fire protection
2700system as a Contractor I or Contractor II, or a combination of
2701equivalent education and experience in chemical fire suppression
2702systems.
2703     (e)  As a prerequisite to taking the examination for
2704certification as a Contractor IV, the applicant must shall be at
2705least 18 years old, be of good moral character, be licensed as a
2706certified plumbing contractor under chapter 489, and
2707successfully complete a training program acceptable to the State
2708Fire Marshal of not less than 40 contact hours regarding the
2709applicable installation standard used by the Contractor IV as
2710described in NFPA 13D. The State Fire Marshal may adopt rules to
2711administer this subsection have at least 2 years' proven
2712experience in the employment of a fire protection system
2713Contractor I, Contractor II, Contractor III, or Contractor IV or
2714combination of equivalent education and experience which
2715combination need not include experience in the employment of a
2716fire protection system contractor.
2717     (f)  As a prerequisite to taking the examination for
2718certification as a Contractor V, the applicant must shall be at
2719least 18 years old, be of good moral character, and have been
2720licensed as a certified underground utility and excavation
2721contractor or certified plumbing contractor pursuant to chapter
2722489, have verification by an individual who is licensed as a
2723certified utility contractor or certified plumbing contractor
2724pursuant to chapter 489 that the applicant has 4 years' proven
2725experience in the employ of a certified underground utility and
2726excavation contractor or certified plumbing contractor, or have
2727a combination of education and experience equivalent to 4 years'
2728proven experience in the employ of a certified underground
2729utility and excavation contractor or certified plumbing
2730contractor.
2731     (g)  Within 30 days after the date of the examination, the
2732State Fire Marshal shall inform the applicant in writing whether
2733she or he has qualified or not and, if the applicant has
2734qualified, that she or he is ready to issue a certificate of
2735competency, subject to compliance with the requirements of
2736subsection (4).
2737     (10)  Effective July 1, 2008, The State Fire Marshal shall
2738require the National Institute of Certification in Engineering
2739Technologies (NICET), Sub-field of Inspection and Testing of
2740Fire Protection Systems Level II or equivalent training and
2741education as determined by the division as proof that the
2742permitholders are knowledgeable about nationally accepted
2743standards for the inspection of fire protection systems. It is
2744the intent of this act, from July 1, 2005, until July 1, 2008,
2745to accept continuing education of all certificateholders'
2746employees who perform inspection functions which specifically
2747prepares the permitholder to qualify for NICET II certification.
2748     (11)  It is intended that a certificateholder, or a
2749permitholder who is employed by a certificateholder, conduct
2750inspections required by this chapter. It is understood that
2751after July 1, 2008, employee turnover may result in a depletion
2752of personnel who are certified under the NICET Sub-field of
2753Inspection and Testing of Fire Protection Systems Level II or
2754equivalent training and education as required by the Division of
2755State Fire Marshal which is required for permitholders. The
2756extensive training and experience necessary to achieve NICET
2757Level II certification is recognized. A certificateholder may
2758therefore obtain a provisional permit with an endorsement for
2759inspection, testing, and maintenance of water-based fire
2760extinguishing systems for an employee if the employee has
2761initiated procedures for obtaining Level II certification from
2762the National Institute for Certification in Engineering
2763Technologies Sub-field of Inspection and Testing of Fire
2764Protection Systems and achieved Level I certification or an
2765equivalent level as determined by the State Fire Marshal through
2766verification of experience, training, and examination. The State
2767Fire Marshal may establish rules to administer this subsection.
2768After 2 years of provisional certification, the employee must
2769have achieved NICET Level II certification or obtain equivalent
2770training and education as determined by the division, or cease
2771performing inspections requiring Level II certification. The
2772provisional permit is valid only for the 2 calendar years after
2773the date of issuance, may not be extended, and is not renewable.
2774After the initial 2-year provisional permit expires, the
2775certificateholder must wait 2 additional years before a new
2776provisional permit may be issued. The intent is to prohibit the
2777certificateholder from using employees who never reach NICET
2778Level II status, or equivalent training and education as
2779determined by the division, by continuously obtaining
2780provisional permits.
2781     Section 56.  Subsection (3) is added to section 633.524,
2782Florida Statutes, to read:
2783     633.524  Certificate and permit fees; use and deposit of
2784collected funds.-
2785     (3)  The State Fire Marshal may enter into a contract with
2786any qualified public entity or private company in accordance
2787with chapter 287 to provide examinations for any applicant for
2788any examination administered under the jurisdiction of the State
2789Fire Marshal. The State Fire Marshal may direct payments from
2790each applicant for each examination directly to such contracted
2791entity or company.
2792     Section 57.  Subsection (4) of section 633.537, Florida
2793Statutes, is amended to read:
2794     633.537  Certificate; expiration; renewal; inactive
2795certificate; continuing education.-
2796     (4)  The renewal period for the permit class is the same as
2797that for the employing certificateholder. The continuing
2798education requirements for permitholders are what is required to
2799maintain NICET Sub-field of Inspection and Testing of Fire
2800Protection Systems Level II, equivalent training and education
2801as determined by the division, or higher certification plus 8
2802contact hours of continuing education approved by the State Fire
2803Marshal during each biennial renewal period thereafter. The
2804continuing education curriculum from July 1, 2005, until July 1,
28052008, shall be the preparatory curriculum for NICET II
2806certification; after July 1, 2008, the technical curriculum is
2807at the discretion of the State Fire Marshal and may be used to
2808meet the maintenance of NICET Level II certification and 8
2809contact hours of continuing education requirements. It is the
2810responsibility of the permitholder to maintain NICET II
2811certification or equivalent training and education as determined
2812by the division as a condition of permit renewal after July 1,
28132008.
2814     Section 58.  Subsection (4) of section 633.72, Florida
2815Statutes, is amended to read:
2816     633.72  Florida Fire Code Advisory Council.-
2817     (4)  Each appointee shall serve a 4-year term. No member
2818shall serve more than two consecutive terms one term. No member
2819of the council shall be paid a salary as such member, but each
2820shall receive travel and expense reimbursement as provided in s.
2821112.061.
2822     Section 59.  Subsection (6) of section 718.113, Florida
2823Statutes, is repealed.
2824     Section 60.  The Florida Building Commission shall revise
2825the Florida Building Code in order to make it consistent with
2826the revisions made by this act to s. 399.02, Florida Statutes.
2827     Section 61.  (1)  The Department of Management Services
2828shall consider the energy efficiency of all materials used in
2829the construction, alteration, repair, or rebuilding of a
2830building or facility owned or operated by a state agency.
2831Whenever feasible, the department shall lease a building or
2832facility that has high-efficiency lighting.
2833     (2)  The Department of Management Services shall adopt
2834rules requiring a state agency to install high-efficiency lamps
2835when replacing an existing lamp or installing a new lamp in a
2836building owned by the state agency.
2837     Section 62.  Except as otherwise expressly provided in this
2838act, this act shall take effect July 1, 2010.


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