CS/HB 697

A bill to be entitled
2An act relating to building standards; amending s.
3489.105, F.S.; revising the definition of the term
4"roofing contractor"; creating s. 489.1138, F.S.;
5providing definitions; requiring a tower crane to be
6certified in order to be operated; requiring a person to
7be certified in order to operate a tower crane on
8construction projects; providing applicable standards;
9specifying duties of contractors; providing penalties;
10authorizing persons in training for certification to
11operate tower cranes under direct supervision of a
12certified tower crane operator; creating s. 489.1139,
13F.S.; preempting the regulation of tower cranes and tower
14crane operators to the state; amending s. 553.36, F.S.;
15revising the definition of the term "manufactured
16building" to include modular buildings and factory-built
17buildings; amending s. 553.37, F.S.; revising requirements
18that the Florida Building Commission adopt requirements
19for construction or modification of manufactured
20buildings; requiring the Department of Community Affairs
21to adopt certain rules relating to manufactured buildings;
22transferring certain responsibilities from the commission
23to the department; requiring the department to develop an
24insignia to be affixed to newly constructed manufactured
25buildings; authorizing the department to charge a fee for
26the insignia; providing requirements for the insignia;
27requiring the department to develop minimum criteria for a
28manufacturer's data plate; amending s. 553.381, F.S.;
29revising the department's authority to conform;
30authorizing the department to establish certain fees by
31rule; amending s. 553.415, F.S.; requiring the department
32to require that an insignia and manufacturer's data plate
33be affixed to certain school buildings; providing
34requirements for the data plate; requiring under certain
35circumstances manufacturers or the department to affix the
36insignia and data plate; amending s. 553.71, F.S.;
37providing a definition of the term "temporary;" amending
38s. 553.73, F.S.; expanding the list of required codes to
39be included in the Florida Building Code as foundation
40codes; expanding authority of the commission to approve
41amendments to the Florida Building Code; amending s.
42553.74., F.S.; specifying entities encouraged to recommend
43candidate lists for consideration as members of the
44commission; increasing membership of the commission;
45deleting obsolete provisions; amending s. 553.75, F.S.;
46authorizing the commission to use communications media
47technology in conducting certain meetings; providing for
48requirements for public comment at commission meetings;
49amending s. 553.775, F.S.; authorizing the commission to
50render certain accessibility declaratory statements;
51amending s. 553.80, F.S.; revising enforcement
52requirements for construction regulations for certain
53facilities; amending s. 553.844, F.S.; revising
54requirements for criteria for mitigation techniques
55adopted by the commission; specifying certain roof
56retrofitting requirements; amending s. 553.885, F.S.;
57requiring the installation of carbon monoxide detectors in
58certain new hospitals, hospice facilities, and nursing
59homes; amending s. 627.351, F.S.; specifying that certain
60buildings or structures must meet certain coastal
61construction line setbacks to be eligible for Citizens
62Property Insurance coverage; repealing s. 553.731 F.S.,
63relating to wind-borne debris protection requirements;
64providing for construction and interpretation of the
65repeal; providing effective dates.
67Be It Enacted by the Legislature of the State of Florida:
69     Section 1.  Paragraph (e) of subsection (3) of section
70489.105, Florida Statutes, is amended to read:
71     489.105  Definitions.--As used in this part:
72     (3)  "Contractor" means the person who is qualified for,
73and shall only be responsible for, the project contracted for
74and means, except as exempted in this part, the person who, for
75compensation, undertakes to, submits a bid to, or does himself
76or herself or by others construct, repair, alter, remodel, add
77to, demolish, subtract from, or improve any building or
78structure, including related improvements to real estate, for
79others or for resale to others; and whose job scope is
80substantially similar to the job scope described in one of the
81subsequent paragraphs of this subsection. For the purposes of
82regulation under this part, "demolish" applies only to
83demolition of steel tanks over 50 feet in height; towers over 50
84feet in height; other structures over 50 feet in height, other
85than buildings or residences over three stories tall; and
86buildings or residences over three stories tall. Contractors are
87subdivided into two divisions, Division I, consisting of those
88contractors defined in paragraphs (a)-(c), and Division II,
89consisting of those contractors defined in paragraphs (d)-(q):
90     (e)  "Roofing contractor" means a contractor whose services
91are unlimited in the roofing trade and who has the experience,
92knowledge, and skill to install, maintain, repair, alter,
93extend, or design, when not prohibited by law, and use materials
94and items used in the installation, maintenance, extension, and
95alteration of all kinds of roofing, waterproofing, and coating,
96except when coating is not represented to protect, repair,
97waterproof, stop leaks, or extend the life of the roof. The
98scope of work of a roofing contractor also includes required
99roof-deck attachments and any repair or replacement of wood roof
100sheathing or fascia as needed during roof repair or replacement.
101     Section 2.  Effective July 1, 2009, section 489.1138,
102Florida Statutes, is created to read:
103     489.1138  Certification of tower cranes and tower crane
105     (1)  DEFINITIONS.--As used in this section:
106     (a)  "Tower crane" means a nonmobile, power-operated
107hoisting machine used in construction, maintenance, demolition,
108or excavation work that has a power-operated winch, load-line,
109and boom moving laterally. A tower crane is a temporary
110structure and is not subject to building codes or other
111provisions of law, rule, or ordinance applicable to permanent
113     (b)  "Tower crane operator" means a person engaged in
114operating a tower crane.
115     (2)  CERTIFICATION OF TOWER CRANES.--A tower crane may be
116operated in this state only if the tower crane has been
117certified to meet the American Society of Mechanical Engineers
118standards for construction tower cranes, ASME B30.3-2004, as
119modified by American Society of Civil Engineers standard ASCE
12037-02. Certification must be from a certification organization
121that meets the standards of the American National Standards
122Institute, the American Society of Mechanical Engineers, or the
123accreditation requirements of the National Commission for
124Certifying Agencies.
126operate a tower crane on a construction project only if he or
127she is certified as a crane operator by the National Commission
128for the Certification of Crane Operators.
129     (4)  DUTIES OF CONTRACTORS.--For each construction project
130for which a contractor is responsible under this part, the
131contractor shall produce a list identifying the certified tower
132cranes and certified tower crane operators used on the project
133and identifying the qualified personnel supervising the
134erection, modification, and dismantling of each tower crane used
135on the project. The contractor shall maintain this list for the
136duration of the construction project and shall provide the list
137to the department pursuant to any investigation for a violation
138of this part.
139     (5)  PENALTIES.--Any person licensed under this part who
140intentionally violates subsection (2) or subsection (3) is
141subject to discipline pursuant to ss. 455.227 and 489.129.
143SUPERVISION.--Notwithstanding the certification requirements of
144this section, a person undergoing training for the purpose of
145qualifying for tower crane operator certification pursuant to
146this section may operate a tower crane if such person is under
147the direct supervision of a tower crane operator who holds a
148current and valid certification to operate the tower crane
149operated by such person.
150     Section 3.  Section 489.1139, Florida Statutes, is created
151to read:
152     489.1139  Preemption.--The regulation of tower cranes and
153tower crane operators is expressly preempted to the state and no
154county, municipality, or other political subdivision shall enact
155or enforce any ordinance relating to matters within the scope of
156this section and s. 489.1138.
157     Section 4.  Subsection (13) of section 553.36, Florida
158Statutes, is amended to read:
159     553.36  Definitions.--The definitions contained in this
160section govern the construction of this part unless the context
161otherwise requires.
162     (13)  "Manufactured building," "modular building," or
163"factory-built building" means a closed structure, building
164assembly, or system of subassemblies, which may include
165structural, electrical, plumbing, heating, ventilating, or other
166service systems manufactured in manufacturing facilities for
167installation or erection as a finished building or as part of a
168finished building, which shall include, but not be limited to,
169residential, commercial, institutional, storage, and industrial
170structures. The term includes buildings not intended for human
171habitation such as lawn storage buildings and storage sheds
172manufactured and assembled offsite by a manufacturer certified
173in conformance with this part. This part does not apply to
174mobile homes.
175     Section 5.  Section 553.37, Florida Statutes, is amended to
177     553.37  Rules; inspections; and insignia.--
178     (1)  The Florida Building Commission shall adopt within the
179Florida Building Code requirements for construction or
180modification of manufactured buildings and building modules, to
182     (a)  Submittal to and approval by the department of
183manufacturers' drawings and specifications, including any
185     (b)  Submittal to and approval by the department of
186manufacturers' internal quality control procedures and manuals,
187including any amendments.
188     (c)  Minimum inspection criteria Procedures and
189qualifications for approval of third-party plan review and
190inspection entities and of those who perform inspections and
191plan reviews.
192     (2)  The department shall adopt rules to address:
193     (a)  Procedures and qualifications for approval of third-
194party plan review and inspection agencies and of those who
195perform inspections and plan reviews.
196     (b)(d)  Investigation of consumer complaints of
197noncompliance of manufactured buildings with the Florida
198Building Code and the Florida Fire Prevention Code.
199     (c)(e)  Issuance, cancellation, and revocation of any
200insignia issued by the department and procedures for auditing
201and accounting for disposition of them.
202     (d)(f)  Monitoring the manufacturers', inspection agencies'
203entities', and plan review agencies' entities' compliance with
204this part and the Florida Building Code. Monitoring may include,
205but is not limited to, performing audits of plans, inspections
206of manufacturing facilities and observation of the manufacturing
207and inspection process, and onsite inspections of buildings.
208     (e)(g)  The performance by the department of any other
209functions required by this part.
210     (3)(2)  After the effective date of the Florida Building
211Code, no manufactured building, except as provided in subsection
212(11), may be installed in this state unless it is approved and
213bears the insignia of approval of the department and a
214manufacturer's data plate. Approvals issued by the department
215under the provisions of the prior part shall be deemed to comply
216with the requirements of this part.
217     (4)(3)  All manufactured buildings issued and bearing
218insignia of approval pursuant to subsection (3) (2) shall be
219deemed to comply with the Florida Building Code and are exempt
220from local amendments enacted by any local government.
221     (5)(4)  No manufactured building bearing department
222insignia of approval pursuant to subsection (3) (2) shall be in
223any way modified prior to installation, except in conformance
224with the Florida Building Code.
225     (6)(5)  Manufactured buildings which have been issued and
226bear the insignia of approval pursuant to this part upon
227manufacture or first sale shall not require an additional
228approval or insignia by a local government in which they are
229subsequently sold or installed. Buildings or structures that
230meet the definition of "open construction" are subject to
231permitting by the local jurisdiction and are not required to
232bear insignia.
233     (7)(6)  If the department Florida Building Commission
234determines that the standards for construction and inspection of
235manufactured buildings prescribed by statute or rule of another
236state are at least equal to the Florida Building Code and that
237such standards are actually enforced by such other state, it may
238provide by rule that the manufactured building which has been
239inspected and approved by such other state shall be deemed to
240have been approved by the department and shall authorize the
241affixing of the appropriate insignia of approval.
242     (8)(7)  The department Florida Building Commission, by
243rule, shall establish a schedule of fees to pay the cost
244incurred by the department for the work related to
245administration and enforcement of this part.
246     (9)(8)  The department may delegate its enforcement
247authority to a state department having building construction
248responsibilities or a local government. The department may
249delegate its plan review and inspection authority to one or more
250of the following in any combination:
251     (a)  A state department having building construction
253     (b)  A local government;,
254     (c)  An approved inspection agency;,
255     (d)  An approved plan review agency;, or
256     (e)  An agency of another state.
257     (9)  If the commission delegates its inspection authority
258to third-party approved inspection agencies, manufacturers must
259have one, and only one, inspection agency responsible for
260inspection of a manufactured building, module, or component at
261all times.
262     (10)  The department shall develop an insignia to be
263affixed to all newly constructed buildings by the manufacturer
264or the inspection agency prior to the building leaving the
265plant. The department may charge a fee for issuing such
266insignias. Such insignias shall bear the department's name, the
267state seal, an identification number unique to that insignia,
268and such other information as the department may require by
269rule. If the commission delegates its inspection authority to
270third-party approved plan review agencies, manufacturers must
271have one, and only one, plan review agency responsible for
272review of plans of a manufactured building, module, or component
273at all times.
274     (11)  The department shall by rule develop minimum criteria
275for manufacturer's data that must be affixed to all newly
276constructed buildings by the manufacturer prior to the building
277leaving the plant. Custom or one-of-a-kind prototype
278manufactured buildings shall not be required to have state
279approval but must comply with all local requirements of the
280governmental agency having jurisdiction at the installation
282     Section 6.  Subsections (1) and (3) of section 553.381,
283Florida Statutes, are amended to read:
284     553.381  Manufacturer certification.--
285     (1)  Before manufacturing buildings to be located within
286this state or selling manufactured buildings within this state,
287whichever occurs later, a manufacturer must be certified by the
288department. The department shall certify a manufacturer upon
289receipt from the manufacturer and approval and verification by
290the department of the following:
291     (a)  The manufacturer's internal quality control procedures
292and manuals, including any amendments;
293     (b)  Evidence that the manufacturer has product liability
294insurance for the safety and welfare of the public in amounts
295determined by rule of the department commission; and
296     (c)  The fee established by the department commission under
297s. 553.37(8) s. 553.37(7).
298     (3)  Certification of manufacturers under this section
299shall be for a period of 3 years, subject to renewal by the
300manufacturer. Upon application for renewal, the manufacturer
301must submit the information described in subsection (1) or a
302sworn statement that there has been no change in the status or
303content of that information since the manufacturer's last
304submittal. Fees for renewal of manufacturers' certification
305shall be established by the department commission by rule.
306     Section 7.  Subsections (11) and (12) of section 553.415,
307Florida Statutes, are amended to read:
308     553.415  Factory-built school buildings.--
309     (11)  The department shall require that an insignia bearing
310the department's name and state seal and a manufacturer's data
311plate develop a unique identification label to be affixed to all
312newly constructed factory-built school buildings and existing
313factory-built school buildings which have been brought into
314compliance with the standards for existing "satisfactory"
315buildings pursuant to chapter 5 of the Uniform Code for Public
316Educational Facilities, and after March 1, 2002, the Florida
317Building Code. The department may charge a fee for issuing such
318insignias labels. The manufacturer's data plate Such labels,
319bearing the department's name and state seal, shall, at a
320minimum, contain:
321     (a)  The name of the manufacturer.
322     (b)  The standard plan approval number or alteration
324     (c)  The date of manufacture or alteration.
325     (d)  The serial or other identification number.
326     (e)  The following designed-for loads: lbs. per square foot
327live load; lbs. per square foot floor live load; lbs. per square
328foot horizontal wind load; and lbs. per square foot wind uplift
330     (f)  The designed-for flood zone usage.
331     (g)  The designed-for wind zone usage.
332     (h)  The designed-for enhanced hurricane protection zone
333usage: yes or no.
334     (12)  Such insignia and data plate identification label
335shall be permanently affixed by the manufacturer in the case of
336newly constructed factory-built school buildings, or by the
337department or its designee in the case of an existing factory-
338built building altered to comply with provisions of s. 1013.20.
339     Section 8.  Subsection (11) is added to section 553.71,
340Florida Statutes, to read:
341     553.71  Definitions.--As used in this part, the term:
342     (11)  "Temporary" includes, but is not limited to,
343buildings identified by, but not designated as permanent
344structures on, an approved development order.
345     Section 9.  Paragraph (a) of subsection (6) and subsection
346(7) of section 553.73, Florida Statutes, are amended to read:
347     553.73  Florida Building Code.--
348     (6)(a)  The commission, by rule adopted pursuant to ss.
349120.536(1) and 120.54, shall update the Florida Building Code
350every 3 years. When updating the Florida Building Code, the
351commission shall select the most current version of the
352International Building Code, the International Fuel Gas Code,
353the International Mechanical Code, the International Plumbing
354Code, and the International Residential Code, all of which are
355adopted by the International Code Council, and the National
356Electrical Code, which is adopted by the National Fire
357Protection Association, to form the foundation codes of the
358updated Florida Building Code, if the version has been adopted
359by the applicable model code entity and made available to the
360public at least 6 months prior to its selection by the
361commission. The commission shall select the most current version
362of the International Energy Conservation Code as a foundation
363code, provided the code shall be modified by the commission to
364maintain the overall efficiencies of the Florida Energy
365Efficiency Code for Building Construction adopted and amended
366pursuant to this part.
367     (7)  Notwithstanding the provisions of subsection (3) or
368subsection (6), the commission may address issues identified in
369this subsection by amending the code pursuant only to the rule
370adoption procedures contained in chapter 120. Provisions of the
371Florida Building Code, including those contained in referenced
372standards and criteria, relating to wind resistance or the
373prevention of water intrusion may not be amended pursuant to
374this subsection to diminish those construction requirements;
375however, the commission may, subject to conditions in this
376subsection, amend the provisions to enhance those construction
377requirements. Following the approval of any amendments to the
378Florida Building Code by the commission and publication of the
379amendments on the commission's website, authorities having
380jurisdiction to enforce the Florida Building Code may enforce
381the amendments. The commission may approve amendments that are
382needed to address:
383     (a)  Conflicts within the updated code;
384     (b)  Conflicts between the updated code and the Florida
385Fire Prevention Code adopted pursuant to chapter 633;
386     (c)  The omission of previously adopted Florida-specific
387amendments to the updated code if such omission is not supported
388by a specific recommendation of a technical advisory committee
389or particular action by the commission;
390     (d)  Unintended results from the integration of previously
391adopted Florida-specific amendments with the model code; or
392     (e)  Changes to federal or state law; or
393     (f)  Adoption of an updated edition of the National
394Electrical Code if the commission finds that delay of
395implementing the updated edition causes undue hardship to
396stakeholders or otherwise threatens the public health, safety,
397and welfare.
398     Section 10.  Subsections (1) and (2) of section 553.74,
399Florida Statutes, are amended to read:
400     553.74  Florida Building Commission.--
401     (1)  The Florida Building Commission is created and shall
402be located within the Department of Community Affairs for
403administrative purposes. Members shall be appointed by the
404Governor subject to confirmation by the Senate. The commission
405shall be composed of 25 23 members, consisting of the following:
406     (a)  One architect registered to practice in this state and
407actively engaged in the profession. The American Institute of
408Architects, Florida Section, is encouraged to recommend a list
409of candidates for consideration.
410     (b)  One structural engineer registered to practice in this
411state and actively engaged in the profession. The Florida
412Engineering Society is encouraged to recommend a list of
413candidates for consideration.
414     (c)  One air-conditioning or mechanical contractor
415certified to do business in this state and actively engaged in
416the profession. The Florida Air Conditioning Contractors
417Association, the Florida Refrigeration and Air Conditioning
418Contractors Association, and the Mechanical Contractors
419Association of Florida are encouraged to recommend a list of
420candidates for consideration.
421     (d)  One electrical contractor certified to do business in
422this state and actively engaged in the profession. The Florida
423Electrical Contractors Association and the National Electrical
424Contractors Association, Florida Chapter, are encouraged to
425recommend a list of candidates for consideration.
426     (e)  One member from fire protection engineering or
427technology who is actively engaged in the profession. The
428Florida Chapter of the Society of Fire Protection Engineers and
429the Florida Fire Marshals and Inspectors Association are
430encouraged to recommend a list of candidates for consideration.
431     (f)  One general contractor certified to do business in
432this state and actively engaged in the profession. The
433Associated Builders and Contractors of Florida, the Florida
434Associated General Contractors Council, and the Union
435Contractors Association are encouraged to recommend a list of
436candidates for consideration.
437     (g)  One plumbing contractor licensed to do business in
438this state and actively engaged in the profession. The Florida
439Association of Plumbing, Heating, and Cooling Contractors is
440encouraged to recommend a list of candidates for consideration.
441     (h)  One roofing or sheet metal contractor certified to do
442business in this state and actively engaged in the profession.
443The Florida Roofing, Sheet Metal, and Air Conditioning
444Contractors Association and the Sheet Metal and Air Conditioning
445Contractors National Association are encouraged to recommend a
446list of candidates for consideration.
447     (i)  One residential contractor licensed to do business in
448this state and actively engaged in the profession. The Florida
449Home Builders Association is encouraged to recommend a list of
450candidates for consideration.
451     (j)  Three members who are municipal or district codes
452enforcement officials, one of whom is also a fire official. The
453Building Officials Association of Florida and the Florida Fire
454Marshals and Inspectors Association are encouraged to recommend
455a list of candidates for consideration.
456     (k)  One member who represents the Department of Financial
458     (l)  One member who is a county codes enforcement official.
459The Building Officials Association of Florida is encouraged to
460recommend a list of candidates for consideration.
461     (m)  One member of a Florida-based organization of persons
462with disabilities or a nationally chartered organization of
463persons with disabilities with chapters in this state.
464     (n)  One member of the manufactured buildings industry who
465is licensed to do business in this state and is actively engaged
466in the industry. The Florida Manufactured Housing Association is
467encouraged to recommend a list of candidates for consideration.
468     (o)  One mechanical or electrical engineer registered to
469practice in this state and actively engaged in the profession.
470The Florida Engineering Society is encouraged to recommend a
471list of candidates for consideration.
472     (p)  One member who is a representative of a municipality
473or a charter county. The Florida League of Cities and the
474Florida Association of Counties are encouraged to recommend a
475list of candidates for consideration.
476     (q)  One member of the building products manufacturing
477industry who is authorized to do business in this state and is
478actively engaged in the industry. The Florida Building Material
479Association, the Florida Concrete and Products Association, and
480the Fenestration Manufacturers Association are encouraged to
481recommend a list of candidates for consideration.
482     (r)  One member who is a representative of the building
483owners and managers industry who is actively engaged in
484commercial building ownership or management. The Building Owners
485and Managers Association is encouraged to recommend a list of
486candidates for consideration.
487     (s)  One member who is a representative of the insurance
488industry. The Florida Insurance Council is encouraged to
489recommend a list of candidates for consideration.
490     (t)  One member who is a representative of public
492     (u)  One member who is a swimming pool contractor licensed
493to do business in this state and actively engaged in the
494profession. The Florida Swimming Pool Association and the United
495Pool and Spa Association are encouraged to recommend a list of
496candidates for consideration.
497     (v)  One member who is a representative of the green
498building industry and who is a third-party commission agent, a
499Florida board member of the United States Green Building Council
500or Green Building Initiative, or a LEED-accredited professional.
501     (w)(u)  One member who shall be the chair.
503Any person serving on the commission under paragraph (c) or
504paragraph (h) on October 1, 2003, and who has served less than
505two full terms is eligible for reappointment to the commission
506regardless of whether he or she meets the new qualification.
507     (2)  All appointments shall be for terms of 4 years, except
508that of the chair who shall serve at the pleasure of the
509Governor. Each person who is a member of the Board of Building
510Codes and Standards on the effective date of this act shall
511serve the remainder of their term as a member of the Florida
512Building Commission. Except for the chair, newly created
513positions on the Florida Building Commission shall be appointed
514after February 1, 1999. A vacancy shall be filled for the
515remainder of the unexpired term. Any member who shall, during
516his or her term, cease to meet the qualifications for original
517appointment, through ceasing to be a practicing member of the
518profession indicated or otherwise, shall thereby forfeit
519membership on the commission.
520     Section 11.  Section 553.75, Florida Statutes, is amended
521to read:
522     553.75  Organization of commission; rules and regulations;
523meetings; staff; fiscal affairs; public comment.--
524     (1)  The commission shall meet on call of the secretary.
525The commission shall annually elect from its appointive members
526such officers as it may choose.
527     (2)  The commission shall meet at the call of its chair, at
528the request of a majority of its membership, at the request of
529the department, or at such times as may be prescribed by its
530rules. The members shall be notified in writing of the time and
531place of a regular or special meeting at least 7 days in advance
532of the meeting. A majority of members of the commission shall
533constitute a quorum.
534     (3)  The department shall be responsible for the provision
535of administrative and staff support services relating to the
536functions of the commission. With respect to matters within the
537jurisdiction of the commission, the department shall be
538responsible for the implementation and faithful discharge of all
539decisions of the commission made pursuant to its authority under
540the provisions of this part. The department may use
541communications media technology in conducting meetings of the
542commission or any meetings held in conjunction with meetings of
543the commission.
544     (4)  Meetings of the commission shall be conducted so as to
545encourage participation by interested persons in attendance. At
546a minimum, the commission shall provide an opportunity for
547interested members of the public in attendance at a meeting to
548comment on each proposed action of the commission before a final
549vote is taken on any motion.
550     Section 12.  Subsection (5) of section 553.775, Florida
551Statutes, is amended to read:
552     553.775  Interpretations.--
553     (5)  The commission may render declaratory statements in
554accordance with s. 120.565 relating to the provisions of the
555Florida Accessibility Code for Building Construction not
556attributable to the Americans with Disabilities Act
557Accessibility Guidelines. Notwithstanding the other provisions
558of this section, the Florida Accessibility Code for Building
559Construction and chapter 11 of the Florida Building Code may not
560be interpreted by, and are not subject to review under, any of
561the procedures specified in this section. This subsection has no
562effect upon the commission's authority to waive the Florida
563Accessibility Code for Building Construction as provided by s.
565     Section 13.  Paragraph (a) of subsection (1) of section
566553.80, Florida Statutes, is amended to read:
567     553.80  Enforcement.--
568     (1)  Except as provided in paragraphs (a)-(f), each local
569government and each legally constituted enforcement district
570with statutory authority shall regulate building construction
571and, where authorized in the state agency's enabling
572legislation, each state agency shall enforce the Florida
573Building Code required by this part on all public or private
574buildings, structures, and facilities, unless such
575responsibility has been delegated to another unit of government
576pursuant to s. 553.79(9).
577     (a)  Construction regulations relating to correctional
578facilities under the jurisdiction of the Department of
579Corrections and the Department of Juvenile Justice and secure
580mental health treatment facilities under the jurisdiction of the
581Department of Children and Family Services shall are to be
582enforced exclusively by those departments.
584The governing bodies of local governments may provide a schedule
585of fees, as authorized by s. 125.56(2) or s. 166.222 and this
586section, for the enforcement of the provisions of this part.
587Such fees shall be used solely for carrying out the local
588government's responsibilities in enforcing the Florida Building
589Code. The authority of state enforcing agencies to set fees for
590enforcement shall be derived from authority existing on July 1,
5911998. However, nothing contained in this subsection shall
592operate to limit such agencies from adjusting their fee schedule
593in conformance with existing authority.
594     Section 14.  Paragraph (b) of subsection (2) of section
595553.844, Florida Statutes, is amended to read:
596     553.844  Windstorm loss mitigation; requirements for roofs
597and opening protection.--
598     (2)  The Florida Building Commission shall:
599     (b)  Develop and adopt within the Florida Building Code a
600means to incorporate recognized mitigation techniques for site-
601built, single-family residential structures constructed before
602prior to the implementation of the Florida Building Code,
603including, but not limited to:
604     1.  Prescriptive techniques for the installation of gable-
605end bracing;
606     2.  Secondary water barriers for roofs and standards
607relating to secondary water barriers. The criteria may include,
608but need not be limited to, roof shape, slope, and composition
609of all elements of the roof system. The criteria may not be
610limited to a single method or material for a secondary water
612     3.  Prescriptive techniques for improvement of roof-to-wall
613connections. The Legislature recognizes that the cost of
614retrofitting existing buildings to meet the code requirements
615for new construction in this regard may exceed the practical
616benefit to be attained. The Legislature intends for the
617commission to provide for the integration of alternate, lower-
618cost means that may be employed to retrofit existing buildings
619that are not otherwise required to comply with the requirements
620of the Florida Building Code for new construction so that the
621cost of such improvements does not exceed approximately 15
622percent of the cost of reroofing. For houses that have both hip
623and gable roof ends, priority shall be given to retrofit the
624gable end roof-to-wall connections unless the width of the hip
625is more than 1.5 times greater than the width of the gable end.
626Priority shall be given to connecting the corners of roofs to
627walls below the locations at which the spans of the roofing
628members are greatest;
629     4.  Strengthening or correcting roof-decking attachments
630and fasteners during reroofing; and
631     5.  Adding or strengthening opening protections.
632     Section 15.  Subsection (1) of section 553.885, Florida
633Statutes, is amended to read:
634     553.885  Carbon monoxide alarm required.--
635     (1)  Every building, other than a hospital, hospice
636facility, or nursing home facility, for which a building permit
637is issued for new construction on or after July 1, 2008, and
638having a fossil-fuel-burning heater or appliance, a fireplace,
639or an attached garage shall have an approved operational carbon
640monoxide alarm installed within 10 feet of each room used for
641sleeping purposes. For a new hospital, hospice facility, or
642nursing home facility licensed by the Agency for Health Care
643Administration, an operational carbon monoxide detector shall be
644installed inside or directly outside of each room or area within
645the building where a fossil-fuel-burning heater, engine, or
646appliance is located. The detector shall be connected to the
647fire alarm system of the facility as a supervisory signal.
648     Section 16.  Paragraph (a) of subsection (6) of section
649627.351, Florida Statutes, is amended to read:
650     627.351  Insurance risk apportionment plans.--
652     (a)1.  It is the public purpose of this subsection to
653ensure the existence of an orderly market for property insurance
654for Floridians and Florida businesses. The Legislature finds
655that private insurers are unwilling or unable to provide
656affordable property insurance coverage in this state to the
657extent sought and needed. The absence of affordable property
658insurance threatens the public health, safety, and welfare and
659likewise threatens the economic health of the state. The state
660therefore has a compelling public interest and a public purpose
661to assist in assuring that property in the state is insured and
662that it is insured at affordable rates so as to facilitate the
663remediation, reconstruction, and replacement of damaged or
664destroyed property in order to reduce or avoid the negative
665effects otherwise resulting to the public health, safety, and
666welfare, to the economy of the state, and to the revenues of the
667state and local governments which are needed to provide for the
668public welfare. It is necessary, therefore, to provide
669affordable property insurance to applicants who are in good
670faith entitled to procure insurance through the voluntary market
671but are unable to do so. The Legislature intends by this
672subsection that affordable property insurance be provided and
673that it continue to be provided, as long as necessary, through
674Citizens Property Insurance Corporation, a government entity
675that is an integral part of the state, and that is not a private
676insurance company. To that end, Citizens Property Insurance
677Corporation shall strive to increase the availability of
678affordable property insurance in this state, while achieving
679efficiencies and economies, and while providing service to
680policyholders, applicants, and agents which is no less than the
681quality generally provided in the voluntary market, for the
682achievement of the foregoing public purposes. Because it is
683essential for this government entity to have the maximum
684financial resources to pay claims following a catastrophic
685hurricane, it is the intent of the Legislature that Citizens
686Property Insurance Corporation continue to be an integral part
687of the state and that the income of the corporation be exempt
688from federal income taxation and that interest on the debt
689obligations issued by the corporation be exempt from federal
690income taxation.
691     2.  The Residential Property and Casualty Joint
692Underwriting Association originally created by this statute
693shall be known, as of July 1, 2002, as the Citizens Property
694Insurance Corporation. The corporation shall provide insurance
695for residential and commercial property, for applicants who are
696in good faith entitled, but are unable, to procure insurance
697through the voluntary market. The corporation shall operate
698pursuant to a plan of operation approved by order of the
699Financial Services Commission. The plan is subject to continuous
700review by the commission. The commission may, by order, withdraw
701approval of all or part of a plan if the commission determines
702that conditions have changed since approval was granted and that
703the purposes of the plan require changes in the plan. The
704corporation shall continue to operate pursuant to the plan of
705operation approved by the Office of Insurance Regulation until
706October 1, 2006. For the purposes of this subsection,
707residential coverage includes both personal lines residential
708coverage, which consists of the type of coverage provided by
709homeowner's, mobile home owner's, dwelling, tenant's,
710condominium unit owner's, and similar policies, and commercial
711lines residential coverage, which consists of the type of
712coverage provided by condominium association, apartment
713building, and similar policies.
714     3.  For the purposes of this subsection, the term
715"homestead property" means:
716     a.  Property that has been granted a homestead exemption
717under chapter 196;
718     b.  Property for which the owner has a current, written
719lease with a renter for a term of at least 7 months and for
720which the dwelling is insured by the corporation for $200,000 or
722     c.  An owner-occupied mobile home or manufactured home, as
723defined in s. 320.01, which is permanently affixed to real
724property, is owned by a Florida resident, and has been granted a
725homestead exemption under chapter 196 or, if the owner does not
726own the real property, the owner certifies that the mobile home
727or manufactured home is his or her principal place of residence;
728     d.  Tenant's coverage;
729     e.  Commercial lines residential property; or
730     f.  Any county, district, or municipal hospital; a hospital
731licensed by any not-for-profit corporation qualified under s.
732501(c)(3) of the United States Internal Revenue Code; or a
733continuing care retirement community that is certified under
734chapter 651 and that receives an exemption from ad valorem taxes
735under chapter 196.
736     4.  For the purposes of this subsection, the term
737"nonhomestead property" means property that is not homestead
739     5.  Effective January 1, 2009, a personal lines residential
740structure that has a dwelling replacement cost of $1 million or
741more, or a single condominium unit that has a combined dwelling
742and content replacement cost of $1 million or more is not
743eligible for coverage by the corporation. Such dwellings insured
744by the corporation on December 31, 2008, may continue to be
745covered by the corporation until the end of the policy term.
746However, such dwellings that are insured by the corporation and
747become ineligible for coverage due to the provisions of this
748subparagraph may reapply and obtain coverage in the high-risk
749account and be considered "nonhomestead property" if the
750property owner provides the corporation with a sworn affidavit
751from one or more insurance agents, on a form provided by the
752corporation, stating that the agents have made their best
753efforts to obtain coverage and that the property has been
754rejected for coverage by at least one authorized insurer and at
755least three surplus lines insurers. If such conditions are met,
756the dwelling may be insured by the corporation for up to 3
757years, after which time the dwelling is ineligible for coverage.
758The office shall approve the method used by the corporation for
759valuing the dwelling replacement cost for the purposes of this
760subparagraph. If a policyholder is insured by the corporation
761prior to being determined to be ineligible pursuant to this
762subparagraph and such policyholder files a lawsuit challenging
763the determination, the policyholder may remain insured by the
764corporation until the conclusion of the litigation.
765     6.  For any new building or structure for which a building
766permit application is filed properties constructed on or after
767January 1, 2009, the corporation may not insure any such
768building or structure property located within 2,500 feet
769landward of the coastal construction control line created
770pursuant to s. 161.053 unless the building or structure property
771meets the requirements of the code-plus building standards
772developed by the Florida Building Commission.
773     7.  It is the intent of the Legislature that policyholders,
774applicants, and agents of the corporation receive service and
775treatment of the highest possible level but never less than that
776generally provided in the voluntary market. It also is intended
777that the corporation be held to service standards no less than
778those applied to insurers in the voluntary market by the office
779with respect to responsiveness, timeliness, customer courtesy,
780and overall dealings with policyholders, applicants, or agents
781of the corporation.
782     8.  Effective January 1, 2009, a personal lines residential
783structure that is located in the "wind-borne debris region," as
784defined in s. 1609.2, International Building Code (2006), and
785that has an insured value on the structure of $750,000 or more
786is not eligible for coverage by the corporation unless the
787structure has opening protections as required under the Florida
788Building Code for a newly constructed residential structure in
789that area. A residential structure shall be deemed to comply
790with the requirements of this subparagraph if it has shutters or
791opening protections on all openings and if such opening
792protections complied with the Florida Building Code at the time
793they were installed.
794     Section 17.  (1)  Section 553.731, Florida Statutes, is
796     (2)  The repeal of section 553.731, Florida Statutes, shall
797not be construed or interpreted to diminish, or to authorize
798changes that diminish, the provisions of the Florida Building
799Code relating to wind resistance or water intrusion adopted as
800required by chapter 2007-1, Laws of Florida.
801     Section 18.  Except as otherwise expressly provided in this
802act, this act shall take effect July 1, 2008.

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

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