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Senate Bill 0494

Senate Bill sb0494c1

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    Florida Senate - 2004                            CS for SB 494

    By the Committee on Regulated Industries; and Senator Bennett





    315-964-04

  1                      A bill to be entitled

  2         An act relating to building safety; amending s.

  3         399.106, F.S.; revising the membership of the

  4         Elevator Safety Technical Advisory Committee;

  5         removing provisions terminating the committee;

  6         amending s. 553.73, F.S.; providing

  7         code-amendment review requirements; amending s.

  8         553.74, F.S.; revising the appointment of

  9         members to the Florida Building Commission;

10         providing requirements relating to regional

11         emergency elevator access; requiring elevators

12         in certain newly constructed or substantially

13         renovated buildings to be keyed alike within

14         each of the state emergency response regions;

15         providing for these requirements to be phased

16         in for certain existing buildings; restricting

17         the duplication and issuance of master elevator

18         keys; requiring the labeling of master elevator

19         keys; allowing local fire marshals to allow

20         substitute emergency measures for elevator

21         access in certain circumstances; providing for

22         appeal of the local fire marshal's decision;

23         providing for the State Fire Marshal to enforce

24         these provisions; encouraging builders to use

25         applicable new technology to provide regional

26         emergency elevator access; providing an

27         exemption; amending s. 553.77, F.S.; revising

28         duties of the Florida Building Commission;

29         deleting requirements that the commission hear

30         certain appeals and issue declaratory

31         statements; creating s. 553.775, F.S.;

                                  1

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    Florida Senate - 2004                            CS for SB 494
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 1         providing legislative intent with respect to

 2         the interpretation of the Florida Building

 3         Code; providing for the commission to resolve

 4         disputes regarding interpretations of the code;

 5         requiring the commission to review decisions of

 6         local building officials and local enforcement

 7         agencies; providing for publication of an

 8         interpretation on the Building Code Information

 9         System and in the Florida Administrative

10         Weekly; amending s. 553.79, F.S.; exempting

11         truss-placement plans from certain

12         requirements; amending s. 553.791, F.S.;

13         providing conditions for use of private plans

14         review and inspection; amending s. 553.80,

15         F.S.; authorizing local governments to impose

16         certain fees for code enforcement; providing

17         requirements and limitations; requiring the

18         commission to expedite adoption and

19         implementation of the existing state building

20         code as part of the Florida Building Code

21         pursuant to limited procedures; amending s.

22         120.80, F.S.; authorizing the Florida Building

23         Commission to conduct proceedings to review

24         decisions of local officials; creating the

25         Florida Construction Council as a nonprofit

26         corporation; requiring the council to provide

27         administrative, technical, and code-development

28         services to the Florida Building Commission;

29         providing for staff for the council to be

30         provided by Florida State University; providing

31         for a board of directors; providing terms of

                                  2

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    Florida Senate - 2004                            CS for SB 494
    315-964-04




 1         office; providing requirements for operations;

 2         providing rulemaking authority; amending s.

 3         553.841, F.S.; revising the Building Code

 4         Training Program; amending s. 553.842, F.S.;

 5         adding an evaluation entity to the list of

 6         entities specifically approved by the

 7         commission; amending s. 633.171, F.S.;

 8         establishing penalties for unauthorized use of

 9         fireworks and pyrotechnic devices; providing

10         effective dates.

11  

12  Be It Enacted by the Legislature of the State of Florida:

13  

14         Section 1.  Section 399.106, Florida Statutes, is

15  amended to read:

16         399.106  Elevator Safety Technical Advisory

17  Committee.--

18         (1)  The Elevator Safety Technical Advisory Committee

19  is created within the Department of Business and Professional

20  Regulation, Division of Hotels and Restaurants, consisting of

21  eight seven members to be appointed by the secretary of the

22  Department of Business and Professional Regulation as follows:

23  one representative from a major elevator manufacturing company

24  or its authorized representative; one representative from an

25  elevator servicing company; one representative from a building

26  design profession; one representative of the general public;

27  one representative of a local government in this state; one

28  representative of a building owner or manager; one

29  representative of labor involved in the installation,

30  maintenance, and repair of elevators; and one representative

31  who is a certified elevator inspector from a private

                                  3

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    Florida Senate - 2004                            CS for SB 494
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 1  inspection service. The purpose of the committee is to provide

 2  technical assistance to the division in support of protecting

 3  the health, safety, and welfare of the public; to give the

 4  division the benefit of the committee members' knowledge and

 5  experience concerning the industries and individual businesses

 6  affected by the laws and rules administered by the division.

 7         (2)  The committee members shall serve staggered terms

 8  of 4 years to be set by rule without salary, but may receive

 9  from the state expenses for per diem and travel. The committee

10  shall appoint one of the members to serve as chair.

11         (3)  The committee shall meet and organize not later

12  than 45 days prior to the convening of the 2002 Legislature.

13  This committee terminates December 31, 2003.

14         (3)(4)  The committee may consult with engineering

15  authorities and organizations concerned with standard safety

16  codes for recommendations to the department regarding rules

17  and regulations governing the operation, maintenance,

18  servicing, construction, alteration, installation, or

19  inspection of vertical conveyances subject to this chapter.

20         Section 2.  Subsection (2) and paragraphs (a) and (c)

21  of subsection (7) section 553.73, Florida Statutes, are

22  amended to read:

23         553.73  Florida Building Code.--

24         (2)  The Florida Building Code shall contain provisions

25  or requirements for public and private buildings, structures,

26  and facilities relative to structural, mechanical, electrical,

27  plumbing, energy, and gas systems, existing buildings,

28  historical buildings, manufactured buildings, elevators,

29  coastal construction, lodging facilities, food sales and food

30  service facilities, health care facilities, including assisted

31  living facilities, adult day care facilities, hospice

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    Florida Senate - 2004                            CS for SB 494
    315-964-04




 1  residential facilities, inpatient facilities, and facilities

 2  for the control of radiation hazards, public or private

 3  educational facilities, swimming pools, and correctional

 4  facilities and enforcement of and compliance with such

 5  provisions or requirements. Further, the Florida Building Code

 6  must provide for uniform implementation of ss. 515.25, 515.27,

 7  and 515.29 by including standards and criteria for residential

 8  swimming pool barriers, pool covers, latching devices, door

 9  and window exit alarms, and other equipment required therein,

10  which are consistent with the intent of s. 515.23. Technical

11  provisions to be contained within the Florida Building Code

12  are restricted to requirements related to the types of

13  materials used and construction methods and standards employed

14  in order to meet criteria specified in the Florida Building

15  Code. Provisions relating to the personnel, supervision or

16  training of personnel, or any other professional qualification

17  requirements relating to contractors or their workforce may

18  not be included within the Florida Building Code, and

19  subsections (4), (5), (6), and  are not to be construed to

20  allow the inclusion of such provisions within the Florida

21  Building Code by amendment. This restriction applies to both

22  initial development and amendment of the Florida Building

23  Code.

24         (7)(a)  The commission may approve technical amendments

25  to the Florida Building Code once each year for statewide or

26  regional application upon a finding that the amendment:

27         1.  Has a reasonable and substantial connection with

28  the health, safety, and welfare of the general public.

29         2.  Strengthens or improves the Florida Building Code,

30  or in the case of innovation or new technology, will provide

31  

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    Florida Senate - 2004                            CS for SB 494
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 1  equivalent or better products or methods or systems of

 2  construction.

 3         3.  Does not discriminate against materials, products,

 4  methods, or systems of construction of demonstrated

 5  capabilities.

 6         4.  Does not degrade the effectiveness of the Florida

 7  Building Code.

 8  

 9  Furthermore, the Florida Building Commission may approve

10  technical amendments to the code once each year to incorporate

11  into the Florida Building Code its own interpretations of the

12  code which are embodied in its opinions, final orders, and

13  declaratory statements, and in interpretations of hearing

14  officer panels under s. 553.775(3)(c). Amendments approved

15  under this paragraph shall be adopted by rule pursuant to ss.

16  120.536(1) and 120.54, after the amendments have been

17  subjected to the provisions of subsection (3).

18         (c)  The commission may not approve any proposed

19  amendment that does not accurately and completely address all

20  requirements for amendment which are set forth in this

21  section. The commission shall require all proposed amendments

22  and information submitted with proposed amendments to be

23  reviewed by commission staff prior to consideration by any

24  technical advisory committee. These reviews shall be for

25  sufficiency only and are not intended to be qualitative in

26  nature. Staff members shall reject any proposed amendment that

27  fails to include a fiscal impact statement providing

28  information responsive to all criteria identified. Proposed

29  amendments rejected by members of the staff may not be

30  considered by the commission or any technical advisory

31  committee.

                                  6

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    Florida Senate - 2004                            CS for SB 494
    315-964-04




 1         Section 3.  Subsection (1) of section 553.74, Florida

 2  Statutes, is amended to read:

 3         553.74  Florida Building Commission.--

 4         (1)  The Florida Building Commission is created and

 5  shall be located within the Department of Community Affairs

 6  for administrative purposes. Members shall be appointed by the

 7  Governor subject to confirmation by the Senate. The Governor

 8  may appoint commission members from lists of candidates

 9  submitted by the respective professional organizations or may

10  appoint any other person otherwise qualified according to this

11  section. The commission shall be composed of 23 members,

12  consisting of the following:

13         (a)  One architect registered to practice in this state

14  and actively engaged in the profession from a list of three

15  candidates provided by the American Institute of Architecture,

16  Florida Section.

17         (b)  One structural engineer registered to practice in

18  this state and actively engaged in the profession from a list

19  of three candidates provided by the Florida Engineering

20  Society.

21         (c)  One air-conditioning or mechanical contractor

22  certified to do business in this state and actively engaged in

23  the profession from a list of three candidates provided by the

24  Florida Air Conditioning Contractors Association and the

25  Florida Refrigeration and Air Conditioning Contractors

26  Association.

27         (d)  One electrical contractor certified to do business

28  in this state and actively engaged in the profession from a

29  list of three candidates provided by the Florida Electrical

30  Contractors Association.

31  

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    Florida Senate - 2004                            CS for SB 494
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 1         (e)  One member from fire protection engineering or

 2  technology who is actively engaged in the profession from a

 3  list of three candidates provided by the Florida Fire

 4  Protection Engineers Society and the Florida Fire Marshals

 5  Association.

 6         (f)  One general contractor certified to do business in

 7  this state and actively engaged in the profession from a list

 8  of three candidates provided by the Associated Builders and

 9  Contractors of Florida and the Florida Associated General

10  Contractors Council.

11         (g)  One plumbing contractor licensed to do business in

12  this state and actively engaged in the profession from a list

13  of three candidates provided by the Florida Association of

14  Plumbing, Heating, and Cooling Contractors.

15         (h)  One roofing or sheet metal contractor certified to

16  do business in this state and actively engaged in the

17  profession from a list of three candidates provided by the

18  Florida Roofing, Sheet Metal and Air Conditioning Contractors

19  Association.

20         (i)  One residential contractor licensed to do business

21  in this state and actively engaged in the profession from a

22  list of three candidates provided by the Florida Home Builders

23  Association.

24         (j)  Three members who are municipal or district codes

25  enforcement officials, two of whom shall be from a list of

26  four candidates provided by the Building Officials Association

27  of Florida and one of whom is also a fire official from a list

28  of three candidates provided by the Florida Fire Marshals

29  Association.

30         (k)  One member who represents the Department of

31  Financial Services.

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    Florida Senate - 2004                            CS for SB 494
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 1         (l)  One member who is a county codes enforcement

 2  official from a list of three candidates provided by the

 3  Building Officials Association of Florida.

 4         (m)  One member of a Florida-based organization of

 5  persons with disabilities or a nationally chartered

 6  organization of persons with disabilities with chapters in

 7  this state.

 8         (n)  One member of the manufactured buildings industry

 9  who is licensed to do business in this state and is actively

10  engaged in the industry from a list of three candidates

11  provided by the Florida Manufactured Housing Association.

12         (o)  One mechanical or electrical engineer registered

13  to practice in this state and actively engaged in the

14  profession from a list of three candidates provided by the

15  Florida Engineering Society.

16         (p)  One member who is an elected a representative of a

17  municipality or a charter county from a list of three

18  candidates provided by the Florida League of Cities and

19  Florida Association of Counties.

20         (q)  One member of the building products manufacturing

21  industry who is authorized to do business in this state and is

22  actively engaged in the industry from a list of candidates

23  provided by the Florida Building Materials Association,

24  Florida Concrete and Products Association, and Fenestration

25  Manufacturers Association.

26         (r)  One member who is a representative of the building

27  owners and managers industry who is actively engaged in

28  commercial building ownership or management from a list of

29  three candidates provided by the Building Owners and Managers

30  Association.

31  

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    Florida Senate - 2004                            CS for SB 494
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 1         (s)  One member who is a representative of the

 2  insurance industry from a list of three candidates provided by

 3  the Florida Insurance Council.

 4         (t)  One member who is a representative of public

 5  education.

 6         (u)  One member who shall be the chair.

 7  

 8  Any person serving on the commission under paragraph (c) or

 9  paragraph (h) on October 1, 2004 2003, and who has served less

10  than two full terms is eligible for reappointment to the

11  commission regardless of whether he or she meets the new

12  qualification.

13         Section 4.  Regional emergency elevator access.--

14         (1)  In order to provide emergency access to elevators:

15         (a)  For each building in this state which is six or

16  more stories in height, including, but not limited to, hotels

17  and condominiums, and on which construction is begun after

18  June 30, 2004, all of the keys for elevators that allow public

19  access, including, but not limited to, service and freight

20  elevators, must be keyed so as to allow all elevators within

21  each of the seven state emergency response regions to be

22  operated in fire service emergency situations with one master

23  elevator key.

24         (b)  Any building in this state which is six or more

25  stories in height and is "substantially renovated" as defined

26  in the Americans with Disabilities Act, as amended, after June

27  30, 2004, must also comply with paragraph (a).

28         (2)  Each building existing in this state on the

29  effective date of this act which is six or more stories in

30  height must comply with subsection (1) before July 1, 2007.

31  

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    Florida Senate - 2004                            CS for SB 494
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 1         (3)  In addition to elevator owners, owners' agents,

 2  elevator contractors, state certified inspectors, and state

 3  agency representatives, master elevator keys may be issued

 4  only to the fire department and may not be issued to any other

 5  emergency-response agency. A person may not duplicate a master

 6  elevator key for issuance to, or issue such a key to, anyone

 7  other than authorized fire-department personnel. Each master

 8  elevator key must be marked "DO NOT DUPLICATE."

 9         (4)  If it is technically or physically impossible to

10  bring a building into compliance with this section, the local

11  fire marshal may allow substitute emergency measures that will

12  provide reasonable emergency elevator access. The local fire

13  marshal's decision regarding substitute measures may be

14  appealed to the State Fire Marshal.

15         (5)  The Division of State Fire Marshal of the

16  Department of Financial Services shall enforce this section.

17         (6)  Builders should make every effort to use new

18  technology and developments in keying systems which make it

19  possible to convert existing equipment so as to provide

20  efficient regional emergency elevator access.

21         (7)  Any building operated by an independent special

22  district or airport that has 24-hour emergency response

23  services is exempt from this section.

24         Section 5.  Section 553.77, Florida Statutes, is

25  amended to read:

26         553.77  Specific powers of the commission.--

27         (1)  The commission shall:

28         (a)  Adopt and update the Florida Building Code or

29  amendments thereto, pursuant to ss. 120.536(1) and 120.54.

30         (b)  Make a continual study of the operation of the

31  Florida Building Code and other laws relating to the design,

                                  11

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    Florida Senate - 2004                            CS for SB 494
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 1  construction, erection, alteration, modification, repair, or

 2  demolition of public or private buildings, structures, and

 3  facilities, including manufactured buildings, and code

 4  enforcement, to ascertain their effect upon the cost of

 5  building construction and determine the effectiveness of their

 6  provisions. Upon updating the Florida Building Code every 3

 7  years, the commission shall review existing provisions of law

 8  and make recommendations to the Legislature for the next

 9  regular session of the Legislature regarding provisions of law

10  that should be revised or repealed to ensure consistency with

11  the Florida Building Code at the point the update goes into

12  effect. State agencies and local jurisdictions shall provide

13  such information as requested by the commission for evaluation

14  of and recommendations for improving the effectiveness of the

15  system of building code laws for reporting to the Legislature

16  annually. Failure to comply with this or other requirements of

17  this act must be reported to the Legislature for further

18  action. Any proposed legislation providing for the revision or

19  repeal of existing laws and rules relating to technical

20  requirements applicable to building structures or facilities

21  should expressly state that such legislation is not intended

22  to imply any repeal or sunset of existing general or special

23  laws governing any special district that are not specifically

24  identified in the legislation.

25         (c)  Upon written application by any substantially

26  affected person or a local enforcement agency, issue

27  declaratory statements pursuant to s. 120.565 relating to new

28  technologies, techniques, and materials which have been tested

29  where necessary and found to meet the objectives of the

30  Florida Building Code. This paragraph does not apply to the

31  

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    Florida Senate - 2004                            CS for SB 494
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 1  types of products, materials, devices, or methods of

 2  construction required to be approved under paragraph (f) (i).

 3         (d)  Upon written application by any substantially

 4  affected person, state agency, or a local enforcement agency,

 5  issue declaratory statements pursuant to s. 120.565 relating

 6  to the enforcement or administration by local governments of

 7  the Florida Building Code. Paragraph (h) provides the

 8  exclusive remedy for addressing local interpretations of the

 9  code.

10         (e)  When requested in writing by any substantially

11  affected person, state agency, or a local enforcing agency,

12  shall issue declaratory statements pursuant to s. 120.565

13  relating to this part and ss. 515.25, 515.27, 515.29, and

14  515.37.  Actions of the commission are subject to judicial

15  review pursuant to s. 120.68.

16         (d)(f)  Make recommendations to, and provide assistance

17  upon the request of, the Florida Commission on Human Relations

18  regarding rules relating to accessibility for persons with

19  disabilities.

20         (e)(g)  Participate with the Florida Fire Code Advisory

21  Council created under s. 633.72, to provide assistance and

22  recommendations relating to firesafety code interpretations.

23  The administrative staff of the commission shall attend

24  meetings of the Florida Fire Code Advisory Council and

25  coordinate efforts to provide consistency between the Florida

26  Building Code and the Florida Fire Prevention Code and the

27  Life Safety Code.

28         (h)  Hear appeals of the decisions of local boards of

29  appeal regarding interpretation decisions of local building

30  officials, or if no local board exists, hear appeals of

31  

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    Florida Senate - 2004                            CS for SB 494
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 1  decisions of the building officials regarding interpretations

 2  of the code.  For such appeals:

 3         1.  Local decisions declaring structures to be unsafe

 4  and subject to repair or demolition shall not be appealable to

 5  the commission if the local governing body finds there is an

 6  immediate danger to the health and safety of its citizens.

 7         2.  All appeals shall be heard in the county of the

 8  jurisdiction defending the appeal.

 9         3.  Hearings shall be conducted pursuant to chapter 120

10  and the uniform rules of procedure, and decisions of the

11  commission are subject to judicial review pursuant to s.

12  120.68.

13         (f)(i)  Determine the types of products which may be

14  approved by the commission requiring approval for local or

15  statewide use and shall provide for the evaluation and

16  approval of such products, materials, devices, and method of

17  construction for statewide use. The commission may prescribe

18  by rule a schedule of reasonable fees to provide for

19  evaluation and approval of products, materials, devices, and

20  methods of construction. Evaluation and approval shall be by

21  action of the commission or delegated pursuant to s. 553.842.

22  This paragraph does not apply to products approved by the

23  State Fire Marshal.

24         (g)(j)  Appoint experts, consultants, technical

25  advisers, and advisory committees for assistance and

26  recommendations relating to the major areas addressed in the

27  Florida Building Code.

28         (h)(k)  Establish and maintain a mutual aid program,

29  organized through the department, to provide an efficient

30  supply of various levels of code enforcement personnel, design

31  professionals, commercial property owners, and construction

                                  14

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 1  industry individuals, to assist in the rebuilding effort in an

 2  area which has been hit with disaster.  The program shall

 3  include provisions for:

 4         1.  Minimum postdisaster structural, electrical, and

 5  plumbing inspections and procedures.

 6         2.  Emergency permitting and inspection procedures.

 7         3.  Establishing contact with emergency management

 8  personnel and other state and federal agencies.

 9         (i)(l)  Maintain a list of interested parties for

10  noticing rulemaking workshops and hearings, disseminating

11  information on code adoption, revisions, amendments, and all

12  other such actions which are the responsibility of the

13  commission.

14         (j)(m)  Coordinate with the state and local

15  governments, industry, and other affected stakeholders in the

16  examination of legislative provisions and make recommendations

17  to fulfill the responsibility to develop a consistent, single

18  code.

19         (k)(n)  Provide technical assistance to local building

20  departments in order to implement policies, procedures, and

21  practices which would produce the most cost-effective property

22  insurance ratings.

23         (l)(o)  Develop recommendations for local governments

24  to use when pursuing partial or full privatization of building

25  department functions. The recommendations shall include, but

26  not be limited to, provisions relating to equivalency of

27  service, conflict of interest, requirements for competency,

28  liability, insurance, and long-term accountability.

29         (2)  Upon written application by any substantially

30  affected person, the commission shall issue a declaratory

31  statement pursuant to s. 120.565 relating to a state agency's

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 1  interpretation and enforcement of the specific provisions of

 2  the Florida Building Code the agency is authorized to enforce.

 3  The provisions of this subsection shall not be construed to

 4  provide any powers, other than advisory, to the commission

 5  with respect to any decision of the State Fire Marshal made

 6  pursuant to the provisions of chapter 633.

 7         (3)  The commission may designate a commission member

 8  with demonstrated expertise in interpreting building plans to

 9  attend each meeting of the advisory council created in s.

10  553.512.  The commission member may vary from meeting to

11  meeting, shall serve on the council in a nonvoting capacity,

12  and shall receive per diem and expenses as provided in s.

13  553.74(3).

14         (2)(4)  For educational and public information

15  purposes, the commission shall develop and publish an

16  informational and explanatory document which contains

17  descriptions of the roles and responsibilities of the licensed

18  design professional, residential designer, contractor, and

19  local building and fire code officials. The State Fire Marshal

20  shall be responsible for developing and specifying roles and

21  responsibilities for fire code officials. Such document may

22  also contain descriptions of roles and responsibilities of

23  other participants involved in the building codes system.

24         (3)(5)  The commission may provide by rule for plans

25  review and approval of prototype buildings owned by public and

26  private entities to be replicated throughout the state. The

27  rule must allow for review and approval of plans for prototype

28  buildings to be performed by a public or private entity with

29  oversight by the commission. The department may charge

30  reasonable fees to cover the administrative costs of the

31  program. Such approved plans or prototype buildings shall be

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 1  exempt from further review required by s. 553.79(2), except

 2  changes to the prototype design, site plans, and other

 3  site-related items. As provided in s. 553.73, prototype

 4  buildings are exempt from any locally adopted amendment to any

 5  part of the Florida Building Code. Construction or erection of

 6  such prototype buildings is subject to local permitting and

 7  inspections pursuant to this part.

 8         (4)(6)  The commission may produce and distribute a

 9  commentary document to accompany the Florida Building Code.

10  The commentary must be limited in effect to providing

11  technical assistance and must not have the effect of binding

12  interpretations of the code document itself.

13         (7)  The commission shall by rule establish an informal

14  process of rendering nonbinding interpretations of the Florida

15  Building Code.  The commission is specifically authorized to

16  refer interpretive issues to organizations that represent

17  those engaged in the construction industry.  The commission is

18  directed to immediately implement the process prior to the

19  completion of formal rulemaking.  It is the intent of the

20  Legislature that the commission create a process to refer

21  questions to a small, rotating group of individuals licensed

22  under part XII of chapter 468, to which a party can pose

23  questions regarding the interpretation of code provisions.  It

24  is the intent of the Legislature that the process provide for

25  the expeditious resolution of the issues presented and

26  publication of the resulting interpretation on the Building

27  Code Information System.  Such interpretations are to be

28  advisory only and nonbinding on the parties or the commission.

29         Section 6.  Section 553.775, Florida Statutes, is

30  created to read:

31         553.775  Interpretations.--

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 1         (1)  It is the intent of the Legislature that the

 2  Florida Building Code be interpreted by building officials,

 3  local enforcement agencies, and the commission in a manner

 4  that protects the public safety, health, and welfare at the

 5  most reasonable cost to the consumer by ensuring uniform

 6  interpretations throughout the state and by providing

 7  processes for resolving disputes regarding interpretations of

 8  the Florida Building Code which are just and expeditious.

 9         (2)  Local enforcement agencies, local building

10  officials, state agencies, and the commission shall interpret

11  provisions of the Florida Building Code in a manner that is

12  consistent with declaratory statements and interpretations

13  entered by the commission, except that conflicts between the

14  Florida Fire Prevention Code and the Florida Building Code

15  shall be resolved in accordance with s. 553.73(9)(c) and (d).

16         (3)  The following procedures may be invoked regarding

17  interpretations of the Florida Building Code:

18         (a)  Upon written application by any substantially

19  affected person, state agency, or a local enforcement agency,

20  the commission shall issue declaratory statements pursuant to

21  s. 120.565 relating to the enforcement or administration by

22  local governments of the Florida Building Code.

23         (b)  When requested in writing by any substantially

24  affected person, state agency, or a local enforcing agency,

25  the commission shall issue a declaratory statement pursuant to

26  s. 120.565 relating to this part and ss. 515.25, 515.27,

27  515.29, and 515.37. Actions of the commission are subject to

28  judicial review under s. 120.68.

29         (c)  The commission shall review decisions of local

30  building officials and local enforcement agencies regarding

31  interpretations of the Florida Building Code as follows:

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 1         1.  The commission shall coordinate with the Building

 2  Officials Association of Florida, Inc., to designate panels

 3  composed of five members to hear requests to review decisions

 4  of local building officials. The members must be licensed as

 5  building code administrators under part XII of chapter 468 and

 6  must have experience interpreting and enforcing provisions of

 7  the Florida Building Code.

 8         2.  Requests to review a decision of a local building

 9  official interpreting provisions of the Florida Building Code

10  may be initiated by any substantially affected person,

11  including an owner or builder subject to a decision of a local

12  building official, or an association of owners or builders

13  with members who are subject to a decision of a local building

14  official. In order to initiate review, the substantially

15  affected person must file a petition with the commission. The

16  commission shall adopt a form for the petition, which shall be

17  published on the Building Code Information System. The form

18  shall, at a minimum, require the following:

19         a.  The name and address of the county or municipality

20  in which provisions of the Florida Building Code are being

21  interpreted.

22         b.  The name and address of the local building official

23  who has made the interpretation being appealed.

24         c.  The name, address, and telephone number of the

25  petitioner; the name, address, and telephone number of the

26  petitioner's representative, if any; and an explanation of how

27  the petitioner's substantial interests are being affected by

28  the local interpretation of the Florida Building Code.

29         d.  A statement of the provisions of the Florida

30  Building Code which are being interpreted by the local

31  building official.

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 1         e.  A statement of the interpretation given to

 2  provisions of the Florida Building Code by the local building

 3  official and the manner in which the interpretation was

 4  rendered.

 5         f.  A statement of the interpretation that the

 6  petitioner contends should be given to the provisions of the

 7  Florida Building Code and a statement supporting the

 8  petitioner's interpretation.

 9         g.  Space for the local building official to respond in

10  writing. The space shall, at a minimum, require the local

11  building official to respond by providing a statement

12  admitting or denying the statements containing in the petition

13  and a statement of the interpretation of the provisions of the

14  Florida Building Code which the local jurisdiction or the

15  local building official contends is correct, including the

16  basis for the interpretation.

17         3.  The petitioner shall submit the petition to the

18  local building official, who shall place the date of receipt

19  on the petition. The local building official shall respond to

20  the petition in accordance with the form, and shall return the

21  petition along with his or her response to the petitioner

22  within 5 days after receipt, exclusive of Saturdays, Sundays,

23  and legal holidays. The petitioner may file the petition with

24  the commission at any time after the local building official

25  provides a response. If no response is provided by the local

26  building official, the petitioner may file the petition with

27  the commission 10 days after submission of the petition to the

28  local building official, and shall note that the local

29  building official did not respond.

30         4.  Upon receipt of a petition that meets the

31  requirements of subparagraph 2., the commission shall

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 1  immediately provide copies of the petition to a panel, and the

 2  commission shall publish the petition, including any response

 3  submitted by the local building official, on the Building Code

 4  Information System in a manner that allows interested persons

 5  to address the issues by posting comments.

 6         5.  The panel shall conduct proceedings as necessary to

 7  resolve the issues; shall give due regard to the petitions,

 8  and the response, and to comments posed on the Building Code

 9  Information System; and shall issue an interpretation

10  regarding the provisions of the Florida Building Code within

11  21 days after the filing of the petition. The panel shall

12  render a determination based upon the Florida Building Code

13  or, if the code is ambiguous, the intent of the code. The

14  panel's interpretation shall be provided to the commission,

15  which shall publish the interpretation on the Building Code

16  Information System and in the Florida Administrative Weekly.

17  The interpretation shall be considered an interpretation

18  entered by the commission, and shall be binding upon the

19  parties and upon all jurisdictions subject to the Florida

20  Building Code, unless it is superseded by a declaratory

21  statement issued by the Florida Building Commission or by a

22  final order entered after an appeal proceeding conducted in

23  accordance with subparagraph 7.

24         6.  It is the intent of the Legislature that review

25  proceedings be completed within 21 days after the date that a

26  petition seeking review is filed with the commission, and the

27  time periods set forth in this paragraph may be waived only

28  upon consent of all parties.

29         7.  Any substantially affected person may appeal an

30  interpretation rendered by a hearing officer panel by filing a

31  petition with the commission. Such appeals shall be initiated

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 1  in accordance with chapter 120 and the uniform rules of

 2  procedure, and must be filed within 30 days after publication

 3  of the interpretation on the Building Code Information System

 4  or in the Florida Administrative Weekly. Hearings shall be

 5  conducted pursuant to chapter 120 and the uniform rules of

 6  procedure. Decisions of the commission are subject to judicial

 7  review pursuant to s. 120.68. The final order of the

 8  commission is binding upon the parties and upon all

 9  jurisdictions subject to the Florida Building Code.

10         8.  The burden of proof in any proceeding initiated in

11  accordance with subparagraph 7. shall be on the party who

12  initiated the appeal.

13         9.  In any review proceeding initiated in accordance

14  with this paragraph, including any proceeding initiated in

15  accordance with subparagraph 7., the fact that an owner or

16  builder has proceeded with construction shall not be grounds

17  for determining the issues to be moot, if the issue is one

18  that is likely to arise in the future.

19  

20  This paragraph provides the exclusive remedy for addressing

21  requests to review local interpretations of the code and

22  appeals from review proceedings.

23         (d)  Local decisions declaring structures to be unsafe

24  and subject to repair or demolition are not subject to review

25  under this subsection and may not be appealed to the

26  commission if the local governing body finds that there is an

27  immediate danger to the health and safety of the public.

28         (e)  Upon written application by any substantially

29  affected person, the commission shall issue a declaratory

30  statement pursuant to s. 120.565 relating to an agency's

31  interpretation and enforcement of the specific provisions of

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 1  the Florida Building Code which the agency is authorized to

 2  enforce. This subsection does not provide any powers, other

 3  than advisory, to the commission with respect to any decision

 4  of the State Fire Marshal made pursuant to chapter 633.

 5         (f)  The commission may designate a commission member

 6  with demonstrated expertise in interpreting building plans to

 7  attend each meeting of the advisory council created in s.

 8  553.512. The commission member may vary from meeting to

 9  meeting, shall serve on the council in a nonvoting capacity,

10  and shall receive per diem and expenses as provided in s.

11  553.74(3).

12         (g)  The commission shall by rule establish an informal

13  process of rendering nonbinding interpretations of the Florida

14  Building Code. The commission is specifically authorized to

15  refer interpretive issues to organizations that represent

16  those engaged in the construction industry. The commission

17  shall immediately implement the process prior to the

18  completion of formal rulemaking. It is the intent of the

19  Legislature that the commission create a process to refer

20  questions to a small, rotating group of individuals licensed

21  under part XII of chapter 468, to which a party may pose

22  questions regarding the interpretation of code provisions. It

23  is the intent of the Legislature that the process provide for

24  the expeditious resolution of the issues presented and

25  publication of the resulting interpretation on the Building

26  Code Information System. Such interpretations shall be

27  advisory only and nonbinding on the parties and the

28  commission.

29         Section 7.  Subsection (14) of section 553.79, Florida

30  Statutes, is amended to read:

31         553.79  Permits; applications; issuance; inspections.--

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 1         (14)  Certifications by contractors authorized under

 2  the provisions of s. 489.115(4)(b) shall be considered

 3  equivalent to sealed plans and specifications by a person

 4  licensed under chapter 471 or chapter 481 by local enforcement

 5  agencies for plans review for permitting purposes relating to

 6  compliance with the wind resistance provisions of the code or

 7  alternate methodologies approved by the commission for one and

 8  two family dwellings. Local enforcement agencies may rely upon

 9  such certification by contractors that the plans and

10  specifications submitted conform to the requirements of the

11  code for wind resistance. Upon good cause shown, local

12  government code enforcement agencies may accept or reject

13  plans sealed by persons licensed under chapter 471, chapter

14  481, or chapter 489. A truss-placement plan is not required to

15  be signed and sealed by an engineer or architect unless

16  prepared by an engineer or architect or specifically required

17  by the Florida Building Code.

18         Section 8.  Subsections (2), (4), (6), (11), (14), and

19  (15) of section 553.791, Florida Statutes, are amended to

20  read:

21         553.791  Alternative plans review and inspection.--

22         (2)  Notwithstanding any other provision of law or

23  local government ordinance or local policy to the contrary,

24  the fee owner of a building, or the fee owner's contractor

25  upon written authorization from the fee owner, may choose to

26  use a private provider to provide building code inspection

27  services with regard to such building and may make payment

28  directly to the private provider for the provision of such

29  services.  All such services shall be the subject of a written

30  contract between the private provider, or the private

31  provider's firm, and the fee owner. The fee owner may elect to

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 1  use a private provider to provide either plans review or

 2  required building inspections. The local building official, in

 3  his or her discretion and pursuant to duly adopted policies of

 4  the local enforcement agency, may require the fee owner who

 5  desires to use a private provider to use the private provider

 6  to provide both plans review and required building inspection

 7  services.

 8         (4)  A fee owner or the fee owner's contractor using a

 9  private provider to provide building code inspection services

10  shall notify the local building official at the time of permit

11  application or no less than 1 week prior to a private provider

12  providing building code inspection services on a form to be

13  adopted by the commission. This notice shall include the

14  following information:

15         (a)  The services to be performed by the private

16  provider.

17         (b)  The name, firm, address, telephone number, and

18  facsimile number of each private provider who is performing or

19  will perform such services, his or her professional license or

20  certification number, qualification statements or resumes,

21  and, if required by the local building official, a certificate

22  of insurance demonstrating that professional liability

23  insurance coverage is in place for the private provider's

24  firm, the private provider, and any duly authorized

25  representative in the amounts required by this section.

26         (c)  An acknowledgment from the fee owner in

27  substantially the following form:

28  

29         I have elected to use one or more private

30         providers to provide building code plans review

31         and/or inspection services on the building that

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 1         is the subject of the enclosed permit

 2         application, as authorized by s. 553.791,

 3         Florida Statutes.  I understand that the local

 4         building official may not review the plans

 5         submitted or perform the required building

 6         inspections to determine compliance with the

 7         applicable codes, except to the extent

 8         specified in said law.  Instead, plans review

 9         and/or required building inspections will be

10         performed by licensed or certified personnel

11         identified in the application. The law requires

12         minimum insurance requirements for such

13         personnel, but I understand that I may require

14         more insurance to protect my interests.  By

15         executing this form, I acknowledge that I have

16         made inquiry regarding the competence of the

17         licensed or certified personnel and the level

18         of their insurance and am satisfied that my

19         interests are adequately protected. I agree to

20         indemnify, defend, and hold harmless the local

21         government, the local building official, and

22         their building code enforcement personnel from

23         any and all claims arising from my use of these

24         licensed or certified personnel to perform

25         building code inspection services with respect

26         to the building that is the subject of the

27         enclosed permit application.

28  

29  If the fee owner or a fee owner's contractor makes any changes

30  to the listed private providers or the services to be provided

31  by those private providers, the fee owner or fee owner's

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 1  contractor shall, within 1 business day after any change,

 2  update the notice to reflect such changes.

 3         (6)(a)  No more than Within 30 business days after

 4  receipt of a permit application and the affidavit from the

 5  private provider required pursuant to subsection (5), the

 6  local building official shall issue the requested permit or

 7  provide a written notice to the permit applicant identifying

 8  the specific plan features that do not comply with the

 9  applicable codes, as well as the specific code chapters and

10  sections.  If the local building official does not provide a

11  written notice of the plan deficiencies within the prescribed

12  30-day period, the permit application shall be deemed approved

13  as a matter of law, and the permit shall be issued by the

14  local building official on the next business day.

15         (b)  If the local building official provides a written

16  notice of plan deficiencies to the permit applicant within the

17  prescribed 30-day period, the 30-day period shall be tolled

18  pending resolution of the matter.  To resolve the plan

19  deficiencies, the permit applicant may elect to dispute the

20  deficiencies pursuant to subsection (12) or to submit

21  revisions to correct the deficiencies.

22         (c)  If the permit applicant submits revisions, the

23  local building official has the remainder of the tolled 30-day

24  period plus 5 business days to issue the requested permit or

25  to provide a second written notice to the permit applicant

26  stating which of the previously identified plan features

27  remain in noncompliance with the applicable codes, with

28  specific reference to the relevant code chapters and sections.

29  If the local building official does not provide the second

30  written notice within the prescribed time period, the permit

31  

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 1  shall be issued by the local building official on the next

 2  business day.

 3         (d)  If the local building official provides a second

 4  written notice of plan deficiencies to the permit applicant

 5  within the prescribed time period, the permit applicant may

 6  elect to dispute the deficiencies pursuant to subsection (12)

 7  or to submit additional revisions to correct the deficiencies.

 8  For all revisions submitted after the first revision, the

 9  local building official has an additional 5 business days to

10  issue the requested permit or to provide a written notice to

11  the permit applicant stating which of the previously

12  identified plan features remain in noncompliance with the

13  applicable codes, with specific reference to the relevant code

14  chapters and sections.

15         (11)  No more than Within 2 business days after receipt

16  of a request for a certificate of occupancy or certificate of

17  completion and the applicant's presentation of a certificate

18  of compliance and approval of all other government approvals

19  required by law, the local building official shall issue the

20  certificate of occupancy or certificate of completion or

21  provide a notice to the applicant identifying the specific

22  deficiencies, as well as the specific code chapters and

23  sections.  If the local building official does not provide

24  notice of the deficiencies within the prescribed 2-day period,

25  the request for a certificate of occupancy or certificate of

26  completion shall be deemed granted and the certificate of

27  occupancy or certificate of completion shall be issued by the

28  local building official on the next business day.  To resolve

29  any identified deficiencies, the applicant may elect to

30  dispute the deficiencies pursuant to subsection (12) or to

31  

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 1  submit a corrected request for a certificate of occupancy or

 2  certificate of completion.

 3         (14)  No local enforcement agency, local building

 4  official, or local government may adopt or enforce any laws,

 5  rules, procedures, policies, or standards more stringent than

 6  those prescribed by this section.

 7         (15)  A private provider may perform building code

 8  inspection services under this section only if the private

 9  provider maintains insurance for professional and

10  comprehensive general liability with minimum policy limits of

11  $1 million per occurrence covering relating to all services

12  performed as a private provider. If the private provider

13  chooses to secure claims-made coverage to fulfill this

14  requirement, the private provider must also maintain,

15  including tail coverage for a minimum of 5 years subsequent to

16  the performance of building code inspection services.

17  Occurrence-based coverage shall not be subject to any tail

18  coverage requirement.

19         Section 9.  Subsection (7) is added to section 553.80,

20  Florida Statutes, to read:

21         553.80  Enforcement.--

22         (7)  The governing bodies of local governments may

23  provide a schedule of reasonable fees, as authorized by s.

24  125.56(2) or s. 166.222 and this section, for enforcing this

25  part. These fees, and any fines or investment earnings related

26  to the fees, shall be used solely for carrying out the local

27  government's responsibilities in enforcing the Florida

28  Building Code. When providing a schedule of reasonable fees,

29  the total estimated annual revenue derived from fees and the

30  fines and investment earnings related to the fees may not

31  exceed the total estimated annual costs of allowable

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 1  activities. Any unexpended balances must be carried forward to

 2  future years for allowable activities or shall be refunded at

 3  the discretion of the local government. The basis for a fee

 4  structure for allowable activities shall relate to the level

 5  of service provided by the local government. Fees charged

 6  shall be consistently applied.

 7         (a)  As used in this subsection, the phrase "enforcing

 8  the Florida Building Code" includes the direct costs and

 9  reasonable indirect costs associated with review of building

10  plans, building inspections, reinspections, building permit

11  processing, and building code enforcement. The phrase may also

12  include enforcement action pertaining to unlicensed contractor

13  activity to the extent not funded by other user fees. Costs

14  related to planning and zoning or other general government

15  activities; costs related to the inspections of public

16  buildings for a reduced fee or no fee; costs incurred in

17  connection with public information requests, community

18  functions, boards, and programs that are not directly related

19  to enforcement of the Florida Building Code; and costs

20  associated with the enforcement and implementation of any

21  other local ordinance, excluding validly adopted local

22  amendments to the Florida Building Code and excluding any

23  local ordinance directly related to enforcing the Florida

24  Building Code as defined in this paragraph, may not be

25  financed with fees adopted under this subsection.

26         (b)  A local government shall use recognized

27  management, accounting, and oversight practices to ensure that

28  fees, fines, and investment earnings generated under this

29  subsection are maintained and allocated or used solely for the

30  purposes described in paragraph (a).

31  

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 1         Section 10.  The Florida Building Commission shall

 2  expedite the adoption and implementation of the State Existing

 3  Building Code as part of the Florida Building Code pursuant

 4  only to the provisions of chapter 120, Florida Statutes. The

 5  special update and amendment requirements of section 553.73,

 6  Florida Statutes, and the administrative rule requiring

 7  additional delay time between adoption and implementation of

 8  such code are waived.

 9         Section 11.  Paragraph (c) is added to subsection (17)

10  of section 120.80, Florida Statutes, to read:

11         120.80  Exceptions and special requirements;

12  agencies.--

13         (17)  FLORIDA BUILDING COMMISSION.--

14         (c)  Notwithstanding ss. 120.565, 120.569, and 120.57,

15  the Florida Building Commission and hearing officer panels

16  appointed by the commission in accordance with s.

17  553.775(3)(c)1., may conduct proceedings to review decisions

18  of local building code officials in accordance with s.

19  553.775(3)(c).

20         Section 12.  Florida Construction Council.--

21         (1)  This section may be cited as the "Florida

22  Construction Council Act."

23         (2)  The purpose of this section is to create a

24  public-private partnership by providing that a single

25  nonprofit corporation be established to provide

26  administrative, technical, interpretive, and code-development

27  services to the Florida Building Commission and that no

28  additional nonprofit corporation be created for these

29  purposes.

30         (3)  The Florida Construction Council is created to

31  provide administrative, technical, and code-development

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 1  services to the Florida Building Commission in accordance with

 2  chapter 553, Florida Statutes. The council may hire staff

 3  members as necessary to carry out its functions. Such staff

 4  members are not public employees for the purposes of chapter

 5  110 or chapter 112, Florida Statutes, except that the board of

 6  directors and the staff are subject to the provisions of

 7  section 112.061, Florida Statutes. However, the council may

 8  also use staff members provided by the Florida State

 9  University who may be public employees for the purposes of

10  chapter 110 or chapter 112, Florida Statutes. The provisions

11  of section 768.28, Florida Statutes, apply to the Florida

12  Construction Council, which is deemed to be a corporation

13  primarily acting as an instrumentality of the state, but which

14  is not an agency within the meaning of section 20.03(11),

15  Florida Statutes. The council shall:

16         (a)  Be a Florida corporation not for profit,

17  incorporated under the provisions of chapter 617, Florida

18  Statutes.

19         (b)  Provide administrative, technical, and

20  code-development services to the Florida Building Commission

21  in accordance with chapter 553, Florida Statutes, and the

22  contract required by this section. For the administrative

23  purposes of this act, the Florida Construction Council shall

24  be administratively attached to Florida State University and

25  shall be provided the administrative services that the council

26  and Florida State University find necessary.

27         (c)  Receive, hold, and administer property and make

28  only prudent expenditures directly related to the

29  responsibilities of the Florida Building Commission, and in

30  accordance with the contract required by this section.

31  

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 1         (d)  Operate under a fiscal year that begins on July 1

 2  of each year and ends on June 30 of the following year.

 3         (e)  Have a five-member board of directors, which shall

 4  consist of the Secretary of Community Affairs or his or her

 5  designee, two members appointed by the Florida Building

 6  Commission, one member appointed by the Department of

 7  Community Affairs who is a layperson not performing work

 8  within the construction industry, and one member appointed by

 9  Florida State University. Members shall be appointed to terms

10  of 4 years each. All initial appointments shall expire on

11  October 31, 2008. A member may not serve more than two

12  consecutive terms. Failure to attend three consecutive

13  meetings shall be deemed a resignation from the council and

14  the vacancy shall be filled by a new appointment.

15         (f)  Select its officers in accordance with its bylaws.

16         (g)  Operate under an annual written contract with the

17  Department of Community Affairs or the responsible budgeting

18  entity. The contract must provide for, but need not be limited

19  to:

20         1.  Approval of the articles of incorporation and

21  bylaws of the council by the Florida Building Commission.

22         2.  Submission by the council of an annual budget.

23         3.  Annual certification by the Department of Community

24  Affairs or the responsible budgeting entity that the council

25  is complying with the terms of the contract in a manner

26  consistent with the goals and purposes of the Florida Building

27  Commission and in the best interest of the state. The contract

28  must also provide for methods and mechanisms to resolve any

29  situation in which the certification process determines

30  noncompliance.

31  

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 1         4.  Employment by the Florida Building Council of an

 2  administrator to actively supervise the administrative,

 3  technical, and code-development services of the council to

 4  ensure compliance with the contract and chapter 553, Florida

 5  Statutes, and to act as a liaison for the Florida Building

 6  Commission and the council to ensure the effective operation

 7  of the council.

 8         5.  Funding of the council through appropriations and

 9  private sources.

10         6.  The reversion to the state, if the commission

11  ceases to exist, of moneys, records, data, and property held

12  in trust by the council for the benefit of the commission, or

13  if the council is no longer approved to operate for the

14  commission. All records and data in a computerized database

15  shall be returned to the state in a form that is compatible

16  with the computerized database of the commission.

17         7.  The securing and maintaining by the council, during

18  the term of the contract and for all acts performed during the

19  term of the contract, of all liability insurance coverage in

20  an amount to be approved by the Florida Construction Council

21  to defend, indemnify, and hold harmless the council and its

22  officers and employees, the Florida Building Commission and

23  its commissioners and employees, and the state against all

24  claims arising from state and federal laws. Such insurance

25  coverage must be with insurers qualified and doing business in

26  the state.

27         8.  Payment by the council, out of its allocated

28  budget, to the Florida Building Commission of all costs of

29  representation by the commission counsel, including salary and

30  benefits, travel, and any other compensation traditionally

31  paid by the commission to other commission counsels.

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 1         9.  Payment by the council, out of its allocated

 2  budget, of all costs incurred by the council or the commission

 3  for the Division of Administrative Hearings of the Department

 4  of Management Services and any other costs for use of these

 5  state services.

 6         10.  Payment by the council, out of its allocated

 7  budget, of all costs associated with the contract

 8  administrator of the commission, including salary and

 9  benefits, travel, and other related costs traditionally paid

10  to state employees.

11         11.  Performance of an annual financial audit of its

12  financial accounts and records by an independent certified

13  public accountant. The annual audit report must include a

14  management letter in accordance with section 11.45, Florida

15  Statutes, and a detailed supplemental schedule of expenditures

16  for each expenditure category. The annual audit report must be

17  submitted to the Auditor General for review.

18         12.  The securing and maintaining of a performance bond

19  in an amount and according to the terms specified in the

20  contract for persons charged with the responsibility of

21  receiving and depositing fee and fine revenues.

22         13.  Submission to the Legislature, on or before

23  January 1 of each year, a report on the status of the council

24  which includes, but is not limited to, information concerning

25  the programs and funds that have been transferred to the

26  council. The report must include the number of inquiries

27  received, the number of technical issues or questions

28  addressed, the number of code or other interpretations

29  provided, and the number of instances of code development

30  undertaken by the council.

31  

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    Florida Senate - 2004                            CS for SB 494
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 1         14.  In conjunction with the Florida Building

 2  Commission, the development of performance standards and

 3  measurable outcomes for the commission to adopt by rule in

 4  order to facilitate efficient and cost-effective services and

 5  regulation.

 6         (4)  The Florida Construction Council shall provide by

 7  rule the procedures the council must follow to ensure that all

 8  product and proprietary information is secure while under the

 9  responsibility of the council and that there is an appropriate

10  level of protection and monitoring during any review or

11  code-development activities.

12         (5)  The Florida Building Commission shall review this

13  act and make recommendations to the Legislature regarding the

14  implementation thereof as part of its report submitted to the

15  Florida Legislature pursuant to section 553.77(1)(b), Florida

16  Statutes, on or before January 1, 2005.

17         (6)  This section takes effect July 1, 2005.

18         Section 13.  Section 553.841, Florida Statutes, is

19  amended to read:

20         553.841  Building code training program; participant

21  competency requirements.--

22         (1)  The Legislature finds that the effectiveness of

23  the building codes of this state depends on the performance of

24  all participants, as demonstrated through knowledge of the

25  codes and commitment to compliance with code directives and

26  that to strengthen compliance by industry and enforcement by

27  government, a Building Code Training Program is needed.

28         (1)(2)  The commission shall establish by rule the

29  Building Code Training Program to develop and provide a core

30  curriculum and offer voluntary accreditation of advance module

31  courses relating to the Florida Building Code and its

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    Florida Senate - 2004                            CS for SB 494
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 1  enforcement a system of administering and enforcing the

 2  Florida Building Code.

 3         (3)  The program shall be developed, implemented, and

 4  administered by the commission in consultation with the

 5  Department of Education, the Department of Community Affairs,

 6  the Department of Business and Professional Regulation, the

 7  State Fire Marshal, the State University System, and the

 8  Division of Community Colleges.

 9         (4)  The commission may enter into contracts with the

10  Department of Education, the State University System, the

11  Division of Community Colleges, model code organizations,

12  professional organizations, vocational-technical schools,

13  trade organizations, and private industry to administer the

14  program.

15         (2)(5)  The program shall be affordable, accessible,

16  meaningful, financially self-sufficient and shall make maximum

17  use of existing sources, systems, institutions, and programs

18  available through private sources.

19         (3)(6)  The commission, in coordination with the

20  Department of Community Affairs, the Department of Business

21  and Professional Regulation, the respective licensing boards,

22  and the State Fire Marshal shall develop or cause to be

23  developed:

24         (a)  a core curriculum that which is prerequisite to

25  initial licensure for those licensees not subject to testing

26  on the Florida Building Code as a condition of licensure.

27  These entities shall also identify subject areas that are

28  inadequately addressed by specialized and advanced courses.

29  all specialized and advanced module coursework.

30         (b)  A set of specialized and advanced modules

31  specifically designed for use by each profession.

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    Florida Senate - 2004                            CS for SB 494
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 1         (4)(7)  The core curriculum shall cover the information

 2  required to have all categories of participants appropriately

 3  informed as to their technical and administrative

 4  responsibilities in the effective execution of the code

 5  process by all individuals currently licensed under part XII

 6  of chapter 468, chapter 471, chapter 481, or chapter 489,

 7  except as otherwise provided in s. 471.017.  The core

 8  curriculum shall be prerequisite to the advanced module

 9  coursework for all licensees and shall be completed by

10  individuals licensed in all categories under part XII of

11  chapter 468, chapter 471, chapter 481, or chapter 489 by the

12  date of license renewal in 2004. within the first 2-year

13  period after establishment of the program. Core course hours

14  All approved courses taken by licensees pursuant to this

15  section to complete this requirement shall count toward

16  fulfillment of required continuing education units under part

17  XII of chapter 468, chapter 471, chapter 481, or chapter 489.

18         (8)  The commission, in consultation with the

19  Department of Business and Professional Regulation and the

20  respective licensing boards, shall develop or cause to be

21  developed an equivalency test for each category of licensee.

22  Such test may be taken in lieu of the core curriculum. A

23  passing score on the test shall be equivalent to completion of

24  the core curriculum and shall be credited toward the required

25  number of hours of continuing education.

26         (5)(9)  The commission, in consultation with the

27  Department of Business and Professional Regulation, shall

28  develop or cause to be developed, or approve as a part of the

29  program, appropriate courses a core curriculum and specialized

30  or advanced module coursework for the construction workforce,

31  including, but not limited to, superintendents and journeymen.

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    Florida Senate - 2004                            CS for SB 494
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 1         (6)(10)  The respective state boards under part XII of

 2  chapter 468, chapters 471, 481, and 489, and the State Fire

 3  Marshal under chapter 633, shall require specialized or

 4  advanced course modules as part of their regular continuing

 5  education requirements.

 6         (7)(11)  The Legislature hereby establishes the Office

 7  of Building Code Training Program Administration within the

 8  Institute of Applied Technology in Construction Excellence at

 9  the Florida Community College at Jacksonville. The office is

10  charged with the following responsibilities as recommended by

11  the Florida Building Commission and as resources are provided

12  by the Legislature:

13         (a)  Provide research-to-practice capability for

14  entry-level construction training development, delivery and

15  quality assurance, as well as training and competency registry

16  systems and recruitment initiatives.

17         (b)  Coordinate with the Department of Community

18  Affairs and the Florida Building Commission to serve as school

19  liaison to disseminate construction awareness and promotion

20  programs and materials to schools.

21         (c)  Develop model programs and approaches to

22  construction career exploration to promote construction

23  careers.

24         Section 14.  Subsection (9) of section 553.842, Florida

25  Statutes, is amended to read:

26         553.842  Product evaluation and approval.--

27         (9)  The commission may adopt rules to approve the

28  following types of entities that produce information on which

29  product approvals are based. All of the following entities,

30  including engineers and architects, must comply with a

31  

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    Florida Senate - 2004                            CS for SB 494
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 1  nationally recognized standard demonstrating independence or

 2  no conflict of interest:

 3         (a)  Evaluation entities that meet the criteria for

 4  approval adopted by the commission by rule. The commission

 5  shall specifically approve the National Evaluation Service,

 6  the International Conference of Building Officials Evaluation

 7  Services, the International Code Council Evaluation Services,

 8  the Building Officials and Code Administrators International

 9  Evaluation Services, the Southern Building Code Congress

10  International Evaluation Services, and the Miami-Dade County

11  Building Code Compliance Office Product Control. Architects

12  and engineers licensed in this state are also approved to

13  conduct product evaluations as provided in subsection (6).

14         (b)  Testing laboratories accredited by national

15  organizations, such as A2LA and the National Voluntary

16  Laboratory Accreditation Program, laboratories accredited by

17  evaluation entities approved under paragraph (a), and

18  laboratories that comply with other guidelines for testing

19  laboratories selected by the commission and adopted by rule.

20         (c)  Quality assurance entities approved by evaluation

21  entities approved under paragraph (a) and by certification

22  agencies approved under paragraph (d) and other quality

23  assurance entities that comply with guidelines selected by the

24  commission and adopted by rule.

25         (d)  Certification agencies accredited by nationally

26  recognized accreditors and other certification agencies that

27  comply with guidelines selected by the commission and adopted

28  by rule.

29         (e)  Validation entities that comply with accreditation

30  standards established by the commission by rule.

31  

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    Florida Senate - 2004                            CS for SB 494
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 1         Section 15.  Subsection (3) is added to section

 2  633.171, Florida Statutes, to read:

 3         633.171  Penalty for violation of law, rule, or order

 4  to cease and desist or for failure to comply with corrective

 5  order.--

 6         (3)(a)  A person who initiates a pyrotechnic display in

 7  an indoor facility that does not have a fire suppression

 8  system installed according to s. 633.162, commits a felony of

 9  the third degree, punishable as provided in s. 775.082, s.

10  775.083, or s. 775.084.

11         (b)  A person who initiates a pyrotechnic display

12  without the written consent of the owner or operator of the

13  indoor facility and without a permit issued by the local

14  authority having jurisdiction, commits a felony of the third

15  degree, punishable as provided in s. 775.082, s. 775.083, or

16  s. 775.084.

17         (c)  This section does not apply to the manufacture,

18  distribution, sale at wholesale or retail, or seasonal sale of

19  products regulated under chapter 791 if the products are not

20  used in an indoor facility.

21         Section 16.  Except as otherwise expressly provided in

22  this act, this act shall take effect upon becoming a law.

23  

24          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
25                         Senate Bill 494

26                                 

27  The committee substitute prohibits persons from initiating a
    pyrotechnic device in an indoor facility that does not have a
28  fire-suppression system.  It prohibits a person from
    initiating a pyrotechnic display without written consent of
29  the owner or operator of the indoor facility; and without a
    permit issued by the local authority having jurisdiction.  A
30  violation of these provisions would constitute a third degree
    felony.
31  

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