October 23, 2019
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       Florida Senate - 2010                              CS for SB 648
       
       
       
       By the Committee on Community Affairs; and Senator Bennett
       
       
       
       
       578-04338-10                                           2010648c1
    1                        A bill to be entitled                      
    2         An act relating to building safety; amending s.
    3         196.031, F.S.; specifying an additional condition that
    4         constitutes an abandonment of homestead property for
    5         purposes of a homestead exemption; amending s. 399.02,
    6         F.S.; authorizing the Division of Hotels and
    7         Restaurants of the Department of Business and
    8         Professional Regulation to have access to places in
    9         which a conveyance and equipment are located;
   10         authorizing the division to grant variances from
   11         certain rules for undue hardship; prohibiting the
   12         enforcement of Phase II Firefighters’ Service on
   13         certain elevators for a specified period; amending s.
   14         399.15, F.S.; providing an alternative method to allow
   15         access to regional emergency elevators; providing for
   16         a uniform lock box; providing for a master key;
   17         providing the Division of State Fire Marshal with
   18         enforcement authority; directing the Department of
   19         Financial Services to select the provider of the
   20         uniform lock box; creating s. 455.2122, F.S.;
   21         authorizing distance learning courses as an
   22         alternative to classroom instruction for certain
   23         licenses; prohibiting the department or regulatory
   24         board from requiring centralized licensing
   25         examinations for certain licenses; amending s.
   26         455.2123, F.S.; authorizing distance learning courses
   27         as an alternative to classroom instruction for certain
   28         licenses; prohibiting the department or a regulatory
   29         board from requiring centralized licensing
   30         examinations for certain licenses; amending s.
   31         468.631, F.S.; revising the amount of a surcharge on
   32         certain building permits; requiring the unit of
   33         government collecting the surcharge to remit the funds
   34         to the Department of Business and Professional
   35         Regulation; requiring the unit of government
   36         collecting the surcharge to retain a portion of the
   37         funds to fund certain activities of building
   38         departments; requiring that the remaining funds from
   39         the surcharge be used to fund the Florida Homeowners’
   40         Construction Recovery Fund and the Florida Building
   41         Code Administrators and Inspectors Board; reducing the
   42         amount of information that must be reported to the
   43         Department of Business and Professional Regulation by
   44         a unit of government responsible for collecting
   45         certain permit fees; amending s. 468.83, F.S.;
   46         providing for the creation of the home inspection
   47         services licensing program within the Department of
   48         Business and Professional Regulation; amending s.
   49         468.8311, F.S.; revising the term “home inspection
   50         services”; amending s. 468.8312, F.S.; deleting a fee
   51         provision for certain certificates of authorization;
   52         amending s. 468.8313, F.S.; revising examination
   53         requirements for licensure as a home inspector;
   54         providing fingerprinting requirements and procedures
   55         for license applications; providing that the applicant
   56         is responsible for certain costs; amending s.
   57         468.8318, F.S.; revising requirements and procedures
   58         for certification of corporations and partnerships
   59         offering home inspection services to the public;
   60         deleting provisions relating to required certificates
   61         of authorization; amending s. 468.8319, F.S.; delaying
   62         the enforcement of a prohibition against performing
   63         certain activities by a person who is not licensed as
   64         a home inspector; revising certain prohibitions with
   65         respect to providers of home inspection services;
   66         amending s. 468.832, F.S.; providing an additional
   67         ground for taking certain disciplinary actions;
   68         amending s. 468.8324, F.S.; specifying additional
   69         requirements for licensure as a home inspector;
   70         creating s. 468.8325, F.S.; requiring the department
   71         to adopt rules to administer part XV of ch. 468, F.S.,
   72         relating to home inspectors; amending s. 468.84, F.S.;
   73         providing for the creation of the mold-related
   74         services licensing program within the Department of
   75         Business and Professional Regulation; amending s.
   76         468.8412, F.S.; deleting a fee provision for certain
   77         biennial certificates of authorization renewal;
   78         amending s. 468.8413, F.S.; revising examination
   79         requirements and procedures for licensure as a mold
   80         assessor or mold remediator; providing fingerprinting
   81         requirements and procedures for license applications;
   82         providing that the applicant is responsible for
   83         certain costs; amending s. 468.8414, F.S.; specifying
   84         an additional applicant qualification criterion for
   85         licensure by endorsement; amending s. 468.8418, F.S.;
   86         revising requirements and procedures for certification
   87         of corporations and partnerships offering mold
   88         assessment or mold remediation services to the public;
   89         deleting provisions relating to required certificates
   90         of authorization; amending s. 468.8419, F.S.; delaying
   91         the enforcement of a prohibition against performing
   92         certain activities by a person who is not licensed as
   93         a mold assessor; amending s. 468.842, F.S.; providing
   94         an additional ground for taking certain disciplinary
   95         actions; amending s. 468.8421, F.S.; specifying an
   96         insurance coverage requirement for mold assessors;
   97         amending s. 468.8423, F.S.; specifying additional
   98         requirements for licensure as a mold assessor or mold
   99         remediator; creating s. 468.8424, F.S.; requiring the
  100         Department of Business and Professional Regulation to
  101         adopt rules to administer part XVI of ch. 468, F.S.,
  102         relating to mold-related services; amending s.
  103         489.103, F.S.; conforming a cross-reference; amending
  104         s. 489.5335, F.S.; deleting certain core curriculum
  105         requirements that a person holding a journeyman
  106         license in the electrical trade must satisfy in order
  107         to work in more than one county or municipality;
  108         amending s. 553.37, F.S.; authorizing manufacturers to
  109         pay inspection fees directly to the provider of
  110         inspection services; providing requirements for rules
  111         of the Department of Business and Professional
  112         Regulation regarding the schedule of fees; authorizing
  113         the department to enter into contracts for the
  114         performance of certain administrative duties; revising
  115         inspection requirements for certain custom
  116         manufactured buildings; amending s. 553.375, F.S.;
  117         revising the requirement for recertification of
  118         manufactured buildings prior to relocation; amending
  119         s. 553.509, F.S.; deleting certain requirements for
  120         alternate power sources for elevators for purposes of
  121         operating during an emergency; amending s. 553.512,
  122         F.S.; requiring the Florida Building Commission to
  123         establish by rule a fee for certain waiver requests;
  124         amending s. 553.721, F.S.; revising the amount of a
  125         surcharge on certain building permits; requiring the
  126         unit of government collecting the surcharge to
  127         electronically remit the funds to the Department of
  128         Community Affairs; requiring the unit of government
  129         collecting the surcharge to retain a portion of the
  130         funds to fund certain activities of building
  131         departments; requiring the remaining funds from the
  132         surcharge to be used to fund the Florida Building
  133         Commission and the Department of Community Affairs;
  134         amending s. 553.73, F.S.; conforming cross-references;
  135         authorizing counties and municipalities to adopt by
  136         ordinance administrative or technical amendments to
  137         the Florida Building Code for certain flood-related
  138         purposes; specifying requirements and procedures;
  139         revising foundation code adoption requirements;
  140         authorizing the Florida Building Commission to approve
  141         amendments relating to equivalency of standards;
  142         exempting certain mausoleums from the requirements of
  143         the Florida Building Code; exempting certain temporary
  144         housing provided by the Department of Corrections from
  145         the requirements of the Florida Building Code;
  146         restricting the code, code enforcement agencies, and
  147         local governments from imposing requirements on
  148         certain mechanical equipment on roofs; requiring that
  149         the Florida Building Code contain certain requirements
  150         regarding illumination in classroom units; requiring
  151         that classroom units be designed to provide and
  152         maintain an average of 40 foot-candles of light at
  153         each desktop; requiring that public educational
  154         facilities consider using light-emitting diode
  155         lighting before considering other lighting sources;
  156         amending s. 553.74, F.S.; specifying absence of
  157         impermissible conflicts of interest for certain
  158         committee or workgroup members while representing
  159         clients under certain circumstances; specifying
  160         certain prohibited activities for such members;
  161         amending s. 553.76, F.S.; authorizing the Florida
  162         Building Commission to adopt rules related to
  163         consensus-based decisionmaking; amending s. 553.775,
  164         F.S.; conforming a cross-reference; authorizing the
  165         commission to charge a fee for filing certain requests
  166         and for nonbinding interpretations; limiting fees for
  167         nonbinding interpretations; amending s. 553.79, F.S.;
  168         requiring certain inspection services to be performed
  169         under the alternative process for plan review and
  170         inspection or by a local governmental entity;
  171         reenacting s. 553.80(1), F.S., relating to the
  172         enforcement of the Florida Building Code, to
  173         incorporate the amendments made to s. 553.79, F.S., in
  174         a reference thereto; amending s. 553.80, F.S.;
  175         specifying nonapplicability of certain exemptions from
  176         the Florida Building Code granted by certain
  177         enforcement entities under certain circumstances;
  178         revising requirements for review of facility plans and
  179         construction surveyed for certain hospitals and health
  180         care facilities; amending s. 553.841, F.S.; deleting
  181         provisions requiring that the Department of Community
  182         Affairs maintain, update, develop, or cause to be
  183         developed a core curriculum for persons who enforce
  184         the Florida Building Code; amending s. 553.842, F.S.;
  185         authorizing rules requiring the payment of product
  186         evaluation fees directly to the administrator of the
  187         product evaluation and approval system; specifying the
  188         use of such fees; authorizing the Florida Building
  189         Commission to provide by rule for editorial revisions
  190         to certain approvals and charge certain fees;
  191         providing requirements for the approval of
  192         applications for state approval of a product;
  193         providing for certain approved products to be
  194         immediately added to the list of state-approved
  195         products; requiring that the commission’s oversight
  196         committee review approved products; revising the list
  197         of approved evaluation entities; deleting obsolete
  198         provisions governing evaluation entities; amending s.
  199         553.844, F.S.; providing an exemption from the
  200         requirements regarding protections for certain exposed
  201         mechanical equipment or appliances; providing for
  202         future expiration; amending s. 553.885, F.S.; revising
  203         requirements for carbon monoxide alarms; providing an
  204         exception for buildings undergoing alterations or
  205         repairs; defining the term “addition” as it relates to
  206         the requirement of a carbon monoxide alarm; amending
  207         s. 553.9061, F.S.; revising the energy-efficiency
  208         performance options and elements identified by the
  209         commission for purposes of meeting certain goals;
  210         amending s. 553.909, F.S.; revising a compliance
  211         criterion for certain swimming pool pumps or water
  212         heaters; revising requirements for residential
  213         swimming pool pumps and pump motors; amending s.
  214         553.912, F.S.; providing requirements for replacement
  215         air-conditioning systems; amending s. 627.711, F.S.;
  216         eliminating the requirement that a uniform mitigation
  217         verification form be certified by the Department of
  218         Financial Services; eliminating provisions authorizing
  219         hurricane mitigation inspectors certified by the My
  220         Safe Florida Home Program to sign a valid uniform
  221         mitigation verification form; requiring a person to
  222         personally perform an inspection in order to sign a
  223         mitigation verification form; authorizing an insurer
  224         to accept a form from a person possessing
  225         qualifications and experience acceptable to the
  226         insurer; requiring a person to personally perform an
  227         inspection in order to sign a mitigation verification
  228         form; defining the term “misconduct” for purposes of
  229         performing an inspection and completing the mitigation
  230         verification form; providing for sanctions to be
  231         imposed against a person who commits misconduct in
  232         performing inspections or completing the mitigation
  233         verification form; requiring that evidence of fraud in
  234         the completion of the mitigation verification form be
  235         reported to the Division of Insurance Fraud; requiring
  236         the division, if it finds that probable cause of
  237         misconduct exists, to send a copy of its report to the
  238         agency responsible for the licensure of the inspector
  239         who signed the report; providing that insurers need
  240         not accept a mitigation verification form that is
  241         signed by a person against whom probable cause of
  242         misconduct was found; amending s. 633.021, F.S.;
  243         providing additional definitions for fire equipment
  244         dealers; revising the definition of the term
  245         “preengineered systems”; amending s. 633.0215, F.S.;
  246         providing guidelines for the State Fire Marshal to
  247         apply when issuing an expedited declaratory statement;
  248         requiring that the State Fire Marshal issue an
  249         expedited declaratory statement under certain
  250         circumstances; providing requirements for a petition
  251         requesting an expedited declaratory statement;
  252         exempting certain condominiums from installing manual
  253         fire alarm systems; amending s. 633.0245, F.S.;
  254         conforming cross-references; amending s. 633.025,
  255         F.S.; prohibiting a local government from requiring
  256         property owners to install fire sprinklers in
  257         residential properties based on the use of that
  258         property as a rental property or any change in or
  259         reclassification of the property’s primary use to a
  260         rental property; amending s. 633.026, F.S.; providing
  261         legislative intent; revising the authority of the
  262         State Fire Marshal to contract with and refer
  263         interpretive issues to certain entities; providing for
  264         the establishment of the Fire Code Interpretation
  265         Committee; providing for the membership of the
  266         committee and requirements for membership; requiring
  267         that nonbinding interpretations of the Florida Fire
  268         Prevention Code be issued within a specified period
  269         after a request is received; providing for the waiver
  270         of such requirement under certain conditions;
  271         requiring that the Division of State Fire Marshal
  272         charge a fee for nonbinding interpretations; providing
  273         that fees may be paid directly to a contract provider;
  274         providing requirements for requesting a nonbinding
  275         interpretation; requiring that the Division of State
  276         Fire Marshal develop a form for submitting a petition
  277         for a nonbinding interpretation; providing for a
  278         formal interpretation by the State Fire Marshal;
  279         requiring that an interpretation of the Florida Fire
  280         Prevention Code be published on the division’s website
  281         and in the Florida Administrative Weekly; amending s.
  282         626.061, F.S.; authorizing certain fire equipment
  283         dealer licensees to maintain inactive license status
  284         under certain circumstances; providing requirements;
  285         providing for a renewal fee; revising certain
  286         continuing education requirements; revising an
  287         applicant licensure qualification requirement;
  288         amending s. 633.081, F.S.; requiring that the State
  289         Fire Marshal inspect a building when the State Fire
  290         Marshal, rather than the Department of Financial
  291         Services, has cause to believe a violation has
  292         occurred; providing exceptions for requirements that
  293         certain firesafety inspections be conducted by
  294         firesafety inspectors; requiring that the Division of
  295         State Fire Marshal and the Florida Building Code
  296         Administrators and Inspectors Board enter into a
  297         reciprocity agreement for purposes of recertifying
  298         building code inspectors, plan inspectors, building
  299         code administrators, and firesafety inspectors;
  300         requiring that the State Fire Marshal develop by rule
  301         an advanced training and certification program for
  302         firesafety inspectors who have fire code management
  303         responsibilities; requiring that the program be
  304         consistent with certain standards and establish
  305         minimum training, education, and experience levels for
  306         such firesafety inspectors; amending s. 633.082, F.S.;
  307         authorizing alternative inspection procedures for
  308         certain fire hydrants; requiring periodic testing or
  309         operation of certain equipment; prohibiting an agency
  310         having jurisdiction from requiring the removal of a
  311         nonmandatory sprinkler system; amending s. 633.352,
  312         F.S.; providing an exception to requirements for
  313         recertification as a firefighter; amending s. 633.521,
  314         F.S.; revising requirements for certification as a
  315         fire protection system contractor; revising the
  316         prerequisites for taking the certification
  317         examination; authorizing the State Fire Marshal to
  318         accept more than one source of professional
  319         certification; revising legislative intent; amending
  320         s. 633.524, F.S.; authorizing the State Fire Marshal
  321         to enter into contracts for examination services;
  322         providing for the direct payment of examination fees
  323         to contract providers; amending s. 633.537, F.S.;
  324         revising the continuing education requirements for
  325         certain permitholders; amending 633.72, F.S.; revising
  326         the terms of service for members of the Fire Code
  327         Advisory Council; repealing s. 718.113(6), F.S.,
  328         relating to requirements for 5-year inspections of
  329         certain condominium improvements; directing the
  330         Florida Building Commission to conform provisions of
  331         the Florida Building Code with revisions made by the
  332         act relating to the operation of elevators; requiring
  333         the Department of Management Services to consider the
  334         energy efficiency of buildings owned or operated by a
  335         state agency; requiring the Department of Management
  336         Services to lease buildings and facilities having
  337         high-efficiency lighting and consider energy
  338         efficiency when leasing buildings when feasible;
  339         requiring the Department of Management Services to
  340         adopt rules requiring state agencies to install high
  341         efficiency lamps when replacing an existing lamp or
  342         installing a new lamp in a building owned by a state
  343         agency; providing effective dates.
  344  
  345  Be It Enacted by the Legislature of the State of Florida:
  346  
  347         Section 1. Subsection (6) of section 196.031, Florida
  348  Statutes, is amended to read:
  349         196.031 Exemption of homesteads.—
  350         (6) When homestead property is damaged or destroyed by
  351  misfortune or calamity and the property is uninhabitable on
  352  January 1 after the damage or destruction occurs, the homestead
  353  exemption may be granted if the property is otherwise qualified
  354  and if the property owner notifies the property appraiser that
  355  he or she intends to repair or rebuild the property and live in
  356  the property as his or her primary residence after the property
  357  is repaired or rebuilt and does not claim a homestead exemption
  358  on any other property or otherwise violate this section. Failure
  359  by the property owner to commence the repair or rebuilding of
  360  the homestead property within 3 years after January 1 following
  361  the property’s damage or destruction constitutes abandonment of
  362  the property as a homestead. After the 3-year period, the
  363  expiration, lapse, nonrenewal, or revocation of a building
  364  permit issued to the property owner for such repairs or
  365  rebuilding also constitutes abandonment of the property as
  366  homestead.
  367         Section 2. Subsection (6) of section 399.02, Florida
  368  Statutes, is amended, and subsections (8) and (9) are added to
  369  that section, to read:
  370         399.02 General requirements.—
  371         (6)(a) The department is empowered to carry out all of the
  372  provisions of this chapter relating to the inspection and
  373  regulation of elevators and to enforce the provisions of the
  374  Florida Building Code.
  375         (b) In order to perform its duties and responsibilities
  376  under this section, the division may enter and have reasonable
  377  access to all buildings and rooms or spaces in which an existing
  378  or newly installed conveyance and equipment are located.
  379         (8) The division may grant variances for undue hardship
  380  pursuant to s. 120.542 and the rules adopted under this section.
  381  Such rules must include a process for requests for variances.
  382  The division may not grant a request for a variance unless it
  383  finds that the variance will not adversely affect the safety of
  384  the public.
  385         (9) Updates to the Safety Code for Existing Elevators and
  386  Escalators, ASME A17.1 and A17.3, which require Phase II
  387  Firefighters’ Service on elevators may not be enforced until
  388  July 1, 2015, or until the elevator is replaced or requires
  389  major modification, whichever occurs first, on elevators in
  390  condominiums or multifamily residential buildings, including
  391  those that are part of a continuing care facility licensed under
  392  chapter 651, or similar retirement community with apartments,
  393  having a certificate of occupancy by the local building
  394  authority which was issued before July 1, 2008. This exception
  395  does not prevent an elevator owner from requesting a variance
  396  from the applicable codes before or after July 1, 2015. This
  397  subsection does not prohibit the division from granting
  398  variances pursuant to s. 120.542 and subsection (8). The
  399  division shall adopt rules to administer this subsection.
  400         Section 3. Present subsection (7) of section 399.15,
  401  Florida Statutes, is renumbered as subsection (8), and a new
  402  subsection (7) is added to that section to read:
  403         399.15 Regional emergency elevator access.—
  404         (7) As an alternative to complying with the requirements of
  405  subsection (1), each building in this state which is required to
  406  meet the provisions of subsections (1) and (2) may instead
  407  provide for the installation of a uniform lock box that contains
  408  the keys to all elevators in the building allowing public
  409  access, including service and freight elevators. The uniform
  410  lock box must be keyed to allow all uniform lock boxes in each
  411  of the seven state emergency response regions to operate in fire
  412  emergency situations using one master key. The master key for
  413  the uniform lock shall be issued only to the fire department.
  414  The Division of State Fire Marshal of the Department of
  415  Financial Services shall enforce this subsection. The Department
  416  of Financial Services shall select the provider of the uniform
  417  lock box to be installed in each building in which the
  418  requirements of this subsection are implemented.
  419         Section 4. Section 455.2122, Florida Statutes, is created
  420  to read:
  421         455.2122 Education.—A board, or the department where there
  422  is no board, shall approve distance learning courses as an
  423  alternative to classroom courses to satisfy prelicensure or
  424  postlicensure education requirements provided for in part VIII
  425  of chapter 468 or part I of chapter 475. A board, or the
  426  department when there is no board, may not require centralized
  427  examinations for completion of prelicensure or postlicensure
  428  education requirements for those professions licensed under part
  429  VIII of chapter 468 or part I of chapter 475.
  430         Section 5. Section 455.2123, Florida Statutes, is amended
  431  to read:
  432         455.2123 Continuing education.—A board, or the department
  433  when there is no board, may provide by rule that distance
  434  learning may be used to satisfy continuing education
  435  requirements. A board, or the department when there is no board,
  436  shall approve distance learning courses as an alternative to
  437  classroom courses to satisfy continuing education requirements
  438  provided for in part VIII, part XV, or part XVI of chapter 468
  439  or part I or part II of chapter 475 and may not require
  440  centralized examinations for completion of continuing education
  441  requirements for the professions licensed under part VIII, part
  442  XV, or part XVI of chapter 468 or part I or part II of chapter
  443  475.
  444         Section 6. Effective October 1, 2010, section 468.631,
  445  Florida Statutes, is amended to read:
  446         468.631 Building Code Administrators and Inspectors Fund.—
  447         (1) This part shall be funded through a surcharge, to be
  448  assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
  449  1.5 percent of all permit fees associated with enforcement of
  450  the Florida Building Code as defined by the uniform account
  451  criteria and specifically the uniform account code for building
  452  permits adopted for local government financial reporting
  453  pursuant to s. 218.32 one-half cent per square foot of under
  454  roof floor space permitted, including new construction,
  455  renovations, alterations, and additions. The minimum amount
  456  collected on any permit issued shall be $2. The unit of
  457  government responsible for collecting permit fees pursuant to s.
  458  125.56(4) or s. 166.201 shall collect such surcharge and shall
  459  remit the funds to the department on a quarterly calendar basis
  460  beginning not later than December 31, 2010 1993, for the
  461  preceding quarter, and continuing each third month thereafter;
  462  and such unit of government shall may retain an amount up to 10
  463  percent of the surcharge collected to fund the participation of
  464  building departments in the national and state building code
  465  promulgation processes and to provide education related to
  466  enforcement of the Florida Building Code projects and activities
  467  intended to improve the quality of building code enforcement.
  468  There is created within the Professional Regulation Trust Fund a
  469  separate account to be known as the Building Code Administrators
  470  and Inspectors Fund, which shall deposit and disburse funds as
  471  necessary for the implementation of this part. The proceeds from
  472  this surcharge shall be allocated equally to fund the Florida
  473  Homeowners’ Construction Recovery Fund established by s. 489.140
  474  and the functions of the Building Code Administrators and
  475  Inspectors Board. The department shall annually establish the
  476  amount needed to fund the certification and regulation of
  477  building code administrators, plans examiners, and building code
  478  inspectors. Any funds collected in excess of the amount needed
  479  to adequately fund the certification and regulation of building
  480  code administrators, plans examiners, and building code
  481  inspectors shall be deposited into the Florida Homeowners’
  482  Construction Recovery Fund established by s. 489.140. If the
  483  Florida Homeowners’ Construction Recovery Fund is fully funded
  484  as provided by s. 489.140, any remaining funds shall be
  485  distributed to the Construction Industry Licensing Board for use
  486  in the regulation of certified and registered contractors.
  487         (2) The unit of government responsible for collecting
  488  permit fees under this section shall report to the department
  489  quarterly the number of permits issued for under-roof floor
  490  space during the quarter, the total square footage for the
  491  number of permits issued for under-roof floor space during the
  492  quarter, and the calculation of the amount of funds being
  493  remitted to the department. The report shall be attested to by
  494  the officer in charge of collecting permit fees.
  495         Section 7. Section 468.83, Florida Statutes, is amended to
  496  read:
  497         468.83 Home inspection services licensing program;
  498  purpose.—
  499         (1) There is created within the department the home
  500  inspection services licensing program.
  501         (2) The Legislature recognizes that there is a need to
  502  require the licensing of home inspectors and to ensure that
  503  consumers of home inspection services can rely on the competence
  504  of home inspectors, as determined by educational and experience
  505  requirements and testing. Therefore, the Legislature deems it
  506  necessary in the interest of the public welfare to regulate home
  507  inspectors in this state.
  508         Section 8. Subsection (4) of section 468.8311, Florida
  509  Statutes, is amended to read:
  510         468.8311 Definitions.—As used in this part, the term:
  511         (4) “Home inspection services” means a limited visual
  512  examination of one or more of the following readily accessible
  513  installed systems and components of a home: the structure,
  514  electrical system, HVAC system, roof covering, plumbing system,
  515  interior components, exterior components, and site conditions
  516  that affect the structure, for the purposes of providing a
  517  written professional opinion of the condition of the home.
  518         Section 9. Subsections (4) through (8) of section 468.8312,
  519  Florida Statutes, are amended to read:
  520         468.8312 Fees.—
  521         (4) The fee for a certificate of authorization shall not
  522  exceed $125.
  523         (4)(5) The biennial renewal fee shall not exceed $200.
  524         (5)(6) The fee for licensure by endorsement shall not
  525  exceed $200.
  526         (6)(7) The fee for application for inactive status or for
  527  reactivation of an inactive license shall not exceed $200.
  528         (7)(8) The fee for applications from providers of
  529  continuing education may not exceed $500.
  530         Section 10. Subsections (1) and (2) of section 468.8313,
  531  Florida Statutes, are amended, present subsection (6) of that
  532  section is renumbered as subsection (7) and amended, and a new
  533  subsection (6) is added to that section, to read:
  534         468.8313 Examinations.—
  535         (1) A person desiring to be licensed as a home inspector
  536  must shall apply to the department after he or she satisfies the
  537  examination requirements of this part to take a licensure
  538  examination.
  539         (2) An applicant may shall be entitled to take the
  540  licensure examination for the purpose of determining whether he
  541  or she is qualified to practice in this state as a home
  542  inspector if he or she passes the required examination, the
  543  applicant is of good moral character, and completes has
  544  completed a course of study of at least no less than 120 hours
  545  that covers all of the following components of a home:
  546  structure, electrical system, HVAC system, roof covering,
  547  plumbing system, interior components, exterior components, and
  548  site conditions that affect the structure.
  549         (6) An applicant for a license shall submit, together with
  550  the application, a complete set of electronic fingerprints to
  551  the department. The department shall submit the fingerprints to
  552  the Department of Law Enforcement for state processing, and the
  553  Department of Law Enforcement shall forward them to the Federal
  554  Bureau of Investigation for national processing, to determine
  555  whether the applicant has a criminal history record. The
  556  department shall review the background results to determine if
  557  an applicant meets licensure requirements. The applicant is
  558  responsible for the cost associated with processing the
  559  fingerprints. The authorized agencies or vendors shall collect
  560  such fees and pay the processing costs due to the Department of
  561  Law Enforcement.
  562         (7)(6) The department may adopt rules pursuant to ss.
  563  120.536(1) and 120.54 to implement the provisions of this
  564  section.
  565         Section 11. Section 468.8318, Florida Statutes, is amended
  566  to read:
  567         468.8318 Certification of corporations and partnerships.—
  568         (1) The department shall issue a certificate of
  569  authorization to a corporation or partnership offering home
  570  inspection services to the public if the corporation or
  571  partnership satisfies all of the requirements of this part.
  572         (2) The practice of or the offer to practice home
  573  inspection services by licensees through a corporation or
  574  partnership offering home inspection services to the public, or
  575  by a corporation or partnership offering such services to the
  576  public through licensees under this part as agents, employees,
  577  officers, or partners, is permitted subject to the provisions of
  578  this part, provided that all personnel of the corporation or
  579  partnership who act in its behalf as home inspectors in this
  580  state are licensed as provided by this part; and further
  581  provided that the corporation or partnership has been issued a
  582  certificate of authorization by the department as provided in
  583  this section. Nothing in this section shall be construed to
  584  allow a corporation to hold a license to practice home
  585  inspection services. No corporation or partnership shall be
  586  relieved of responsibility for the conduct or acts of its
  587  agents, employees, or officers by reason of its compliance with
  588  this section, nor shall any individual practicing home
  589  inspection services be relieved of responsibility for
  590  professional services performed by reason of his or her
  591  employment or relationship with a corporation or partnership.
  592         (3) For the purposes of this section, a certificate of
  593  authorization shall be required for a corporation, partnership,
  594  association, or person practicing under a fictitious name and
  595  offering home inspection services to the public; however, when
  596  an individual is practicing home inspection services in his or
  597  her own given name, he or she shall not be required to register
  598  under this section.
  599         (4) Each certificate of authorization shall be renewed
  600  every 2 years. Each partnership and corporation certified under
  601  this section shall notify the department within 1 month of any
  602  change in the information contained in the application upon
  603  which the certification is based.
  604         (5) Disciplinary action against a corporation or
  605  partnership shall be administered in the same manner and on the
  606  same grounds as disciplinary action against a licensed home
  607  inspector.
  608         Section 12. Section 468.8319, Florida Statutes, is amended
  609  to read:
  610         468.8319 Prohibitions; penalties.—
  611         (1) A person home inspector, a company that employs a home
  612  inspector, or a company that is controlled by a company that
  613  also has a financial interest in a company employing a home
  614  inspector may not:
  615         (a) Effective July 1, 2011, practice or offer to practice
  616  home inspection services unless the person has complied with the
  617  provisions of this part;
  618         (b) Effective July 1, 2011, use the name or title
  619  “certified home inspector,” “registered home inspector,”
  620  “licensed home inspector,” “home inspector,” “professional home
  621  inspector,” or any combination thereof unless the person has
  622  complied with the provisions of this part;
  623         (c) Present as his or her own the license of another;
  624         (d) Knowingly give false or forged evidence to the
  625  department or an employee thereof;
  626         (e) Use or attempt to use a license that has been suspended
  627  or revoked;
  628         (f) Perform or offer to perform, prior to closing, for any
  629  additional fee, any repairs to a home on which the inspector or
  630  the inspector’s company has prepared a home inspection report.
  631  This paragraph does not apply to a home warranty company that is
  632  affiliated with or retains a home inspector to perform repairs
  633  pursuant to a claim made under a home warranty contract;
  634         (g) Inspect for a fee any property in which the inspector
  635  or the inspector’s company has any financial or transfer
  636  interest;
  637         (h) Offer or deliver any compensation, inducement, or
  638  reward to any broker or agent therefor for the referral of the
  639  owner of the inspected property to the inspector or the
  640  inspection company; or
  641         (i) Accept an engagement to make an omission or prepare a
  642  report in which the inspection itself, or the fee payable for
  643  the inspection, is contingent upon either the conclusions in the
  644  report, preestablished findings, or the close of escrow.
  645         (2) Any person who is found to be in violation of any
  646  provision of this section commits a misdemeanor of the first
  647  degree, punishable as provided in s. 775.082 or s. 775.083.
  648         (3) This section does not apply to unlicensed activity as
  649  described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
  650  which occurs before July 1, 2011.
  651         Section 13. Subsection (1) of section 468.832, Florida
  652  Statutes, is amended to read:
  653         468.832 Disciplinary proceedings.—
  654         (1) The following acts constitute grounds for which the
  655  disciplinary actions in subsection (2) may be taken:
  656         (a) Violation of any provision of this part or s.
  657  455.227(1).;
  658         (b) Attempting to procure a license to practice home
  659  inspection services by bribery or fraudulent misrepresentation.;
  660         (c) Having a license to practice home inspection services
  661  revoked, suspended, or otherwise acted against, including the
  662  denial of licensure, by the licensing authority of another
  663  state, territory, or country.;
  664         (d) Being convicted or found guilty of, or entering a plea
  665  of nolo contendere to, regardless of adjudication, a crime in
  666  any jurisdiction that directly relates to the practice of home
  667  inspection services or the ability to practice home inspection
  668  services.;
  669         (e) Making or filing a report or record that the licensee
  670  knows to be false, willfully failing to file a report or record
  671  required by state or federal law, willfully impeding or
  672  obstructing such filing, or inducing another person to impede or
  673  obstruct such filing. Such reports or records shall include only
  674  those that are signed in the capacity of a licensed home
  675  inspector.;
  676         (f) Advertising goods or services in a manner that is
  677  fraudulent, false, deceptive, or misleading in form or content.;
  678         (g) Engaging in fraud or deceit, or negligence,
  679  incompetency, or misconduct, in the practice of home inspection
  680  services.;
  681         (h) Failing to perform any statutory or legal obligation
  682  placed upon a licensed home inspector; violating any provision
  683  of this chapter, a rule of the department, or a lawful order of
  684  the department previously entered in a disciplinary hearing; or
  685  failing to comply with a lawfully issued subpoena of the
  686  department.; or
  687         (i) Practicing on a revoked, suspended, inactive, or
  688  delinquent license.
  689         (j) Failing to meet any standard of practice adopted by
  690  rule of the department.
  691         Section 14. Section 468.8324, Florida Statutes, is amended
  692  to read:
  693         468.8324 Grandfather clause.—
  694         (1) A person who performs home inspection services as
  695  defined in this part may qualify for licensure to be licensed by
  696  the department as a home inspector if the person submits an
  697  application to the department postmarked on or before March 1,
  698  2011, which shows that the applicant: meets the licensure
  699  requirements of this part by July 1, 2010.
  700         (a) Is certified as a home inspector by a state or national
  701  association that requires, for such certification, successful
  702  completion of a proctored examination on home inspection
  703  services and completes at least 14 hours of verifiable education
  704  on such services; or
  705         (b) Has at least 3 years of experience as a home inspector
  706  at the time of application and has completed 14 hours of
  707  verifiable education on home inspection services. To establish
  708  the 3 years of experience, an applicant must submit at least 120
  709  home inspection reports prepared by the applicant.
  710         (2) The department may investigate the validity of a home
  711  inspection report submitted under paragraph (1)(b) and, if the
  712  applicant submits a false report, may take disciplinary action
  713  against the applicant under s. 468.832(1)(e) or (g).
  714         (3) An applicant may not qualify for licensure under this
  715  section if he or she has had a home inspector license or a
  716  license in any related field revoked at any time or suspended
  717  within the previous 5 years or has been assessed a fine that
  718  exceeds $500 within the previous 5 years. For purposes of this
  719  subsection, a license in a related field includes, but is not
  720  limited to, licensure in real estate, construction, mold-related
  721  services, or building code administration or inspection.
  722         (4) An applicant for licensure under this section must
  723  comply with the criminal history, good moral character, and
  724  insurance requirements of this part.
  725         Section 15. Section 468.8325, Florida Statutes, is created
  726  to read:
  727         468.8325 Rulemaking authority.—The department shall adopt
  728  rules to administer this part.
  729         Section 16. Section 468.84, Florida Statutes, is amended to
  730  read:
  731         468.84 Mold-related services licensing program; legislative
  732  purpose.—
  733         (1) There is created within the department the mold-related
  734  services licensing program.
  735         (2) The Legislature finds it necessary in the interest of
  736  the public safety and welfare, to prevent damage to real and
  737  personal property, to avert economic injury to the residents of
  738  this state, and to regulate persons and companies that hold
  739  themselves out to the public as qualified to perform mold
  740  related services.
  741         Section 17. Subsections (6) through (10) of section
  742  468.8412, Florida Statutes, are amended to read:
  743         468.8412 Fees.—
  744         (6) The fee for a biennial certificate of authorization
  745  renewal shall not exceed $400.
  746         (6)(7) The fee for licensure by endorsement shall not
  747  exceed $200.
  748         (7)(8) The fee for application for inactive status shall
  749  not exceed $100.
  750         (8)(9) The fee for reactivation of an inactive license
  751  shall not exceed $200.
  752         (9)(10) The fee for applications from providers of
  753  continuing education may not exceed $500.
  754         Section 18. Subsections (1) and (2) of section 468.8413,
  755  Florida Statutes, are amended, and subsection (6) is added to
  756  that section, to read:
  757         468.8413 Examinations.—
  758         (1) A person desiring to be licensed as a mold assessor or
  759  mold remediator must shall apply to the department after
  760  satisfying the examination requirements of this part to take a
  761  licensure examination.
  762         (2) An applicant may shall be entitled to take the
  763  licensure examination to practice in this state as a mold
  764  assessor or mold remediator if he or she passes the required
  765  examination, the applicant is of good moral character, and
  766  completes has satisfied one of the following requirements:
  767         (a)1. For a mold remediator, at least a 2-year associate of
  768  arts degree, or the equivalent, with at least 30 semester hours
  769  in microbiology, engineering, architecture, industrial hygiene,
  770  occupational safety, or a related field of science from an
  771  accredited institution and a minimum of 1 year of documented
  772  field experience in a field related to mold remediation; or
  773         2. A high school diploma or the equivalent with a minimum
  774  of 4 years of documented field experience in a field related to
  775  mold remediation.
  776         (b)1. For a mold assessor, at least a 2-year associate of
  777  arts degree, or the equivalent, with at least 30 semester hours
  778  in microbiology, engineering, architecture, industrial hygiene,
  779  occupational safety, or a related field of science from an
  780  accredited institution and a minimum of 1 year of documented
  781  field experience in conducting microbial sampling or
  782  investigations; or
  783         2. A high school diploma or the equivalent with a minimum
  784  of 4 years of documented field experience in conducting
  785  microbial sampling or investigations.
  786         (6) An applicant for a license shall submit, together with
  787  the application, a complete set of electronic fingerprints to
  788  the department. The department shall submit the fingerprints to
  789  the Department of Law Enforcement for state processing, and the
  790  Department of Law Enforcement shall forward them to the Federal
  791  Bureau of Investigation for national processing, to determine
  792  whether the applicant has a criminal history record. The
  793  department shall review the background results to determine if
  794  an applicant meets licensure requirements. The applicant is
  795  responsible for the cost associated with processing the
  796  fingerprints. The authorized agencies or vendors shall collect
  797  such fees and pay the processing costs due to the Department of
  798  Law Enforcement.
  799         Section 19. Subsection (3) of section 468.8414, Florida
  800  Statutes, is amended to read:
  801         468.8414 Licensure.—
  802         (3) The department shall certify as qualified for a license
  803  by endorsement an applicant who is of good moral character, who
  804  has the insurance coverage required under s. 468.8421, and who:
  805         (a) Is qualified to take the examination as set forth in s.
  806  468.8413 and has passed a certification examination offered by a
  807  nationally recognized organization that certifies persons in the
  808  specialty of mold assessment or mold remediation that has been
  809  approved by the department as substantially equivalent to the
  810  requirements of this part and s. 455.217; or
  811         (b) Holds a valid license to practice mold assessment or
  812  mold remediation issued by another state or territory of the
  813  United States if the criteria for issuance of the license were
  814  substantially the same as the licensure criteria that is
  815  established by this part as determined by the department.
  816         Section 20. Section 468.8418, Florida Statutes, is amended
  817  to read:
  818         468.8418 Certification of partnerships and corporations.—
  819         (1) The department shall issue a certificate of
  820  authorization to a corporation or partnership offering mold
  821  assessment or mold remediation services to the public if the
  822  corporation or partnership satisfies all of the requirements of
  823  this part.
  824         (2) The practice of or the offer to practice mold
  825  assessment or mold remediation by licensees through a
  826  corporation or partnership offering mold assessment or mold
  827  remediation to the public, or by a corporation or partnership
  828  offering such services to the public through licensees under
  829  this part as agents, employees, officers, or partners, is
  830  permitted subject to the provisions of this part, provided that
  831  the corporation or partnership has been issued a certificate of
  832  authorization by the department as provided in this section.
  833  Nothing in this section shall be construed to allow a
  834  corporation to hold a license to practice mold assessment or
  835  mold remediation. No corporation or partnership shall be
  836  relieved of responsibility for the conduct or acts of its
  837  agents, employees, or officers by reason of its compliance with
  838  this section, nor shall any individual practicing mold
  839  assessment or mold remediation be relieved of responsibility for
  840  professional services performed by reason of his or her
  841  employment or relationship with a corporation or partnership.
  842         (3) For the purposes of this section, a certificate of
  843  authorization shall be required for a corporation, partnership,
  844  association, or person practicing under a fictitious name,
  845  offering mold assessment or mold remediation; however, when an
  846  individual is practicing mold assessment or mold remediation
  847  under his or her own given name, he or she shall not be required
  848  to register under this section.
  849         (4) Each certificate of authorization shall be renewed
  850  every 2 years. Each partnership and corporation certified under
  851  this section shall notify the department within 1 month of any
  852  change in the information contained in the application upon
  853  which the certification is based.
  854         (5) Disciplinary action against a corporation or
  855  partnership shall be administered in the same manner and on the
  856  same grounds as disciplinary action against a licensed mold
  857  assessor or mold remediator.
  858         Section 21. Subsection (1) of section 468.8419, Florida
  859  Statutes, is amended, and subsection (4) is added to that
  860  section, to read:
  861         468.8419 Prohibitions; penalties.—
  862         (1) A person mold assessor, a company that employs a mold
  863  assessor, or a company that is controlled by a company that also
  864  has a financial interest in a company employing a mold assessor
  865  may not:
  866         (a) Effective July 1, 2011, perform or offer to perform any
  867  mold assessment unless the mold assessor has documented training
  868  in water, mold, and respiratory protection under s. 468.8414(2).
  869         (b) Effective July 1, 2011, perform or offer to perform any
  870  mold assessment unless the person has complied with the
  871  provisions of this part.
  872         (c) Use the name or title “certified mold assessor,”
  873  “registered mold assessor,” “licensed mold assessor,” “mold
  874  assessor,” “professional mold assessor,” or any combination
  875  thereof unless the person has complied with the provisions of
  876  this part.
  877         (d) Perform or offer to perform any mold remediation to a
  878  structure on which the mold assessor or the mold assessor’s
  879  company provided a mold assessment within the last 12 months.
  880         (e) Inspect for a fee any property in which the assessor or
  881  the assessor’s company has any financial or transfer interest.
  882         (f) Accept any compensation, inducement, or reward from a
  883  mold remediator or mold remediator’s company for the referral of
  884  any business to the mold remediator or the mold remediator’s
  885  company.
  886         (g) Offer any compensation, inducement, or reward to a mold
  887  remediator or mold remediator’s company for the referral of any
  888  business from the mold remediator or the mold remediator’s
  889  company.
  890         (h) Accept an engagement to make an omission of the
  891  assessment or conduct an assessment in which the assessment
  892  itself, or the fee payable for the assessment, is contingent
  893  upon the conclusions of the assessment.
  894         (4) This section does not apply to unlicensed activity as
  895  described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
  896  which occurs before July 1, 2011.
  897         Section 22. Subsection (1) of section 468.842, Florida
  898  Statutes, is amended to read:
  899         468.842 Disciplinary proceedings.—
  900         (1) The following acts constitute grounds for which the
  901  disciplinary actions in subsection (2) may be taken:
  902         (a) Violation of any provision of this part or s.
  903  455.227(1).;
  904         (b) Attempting to procure a license to practice mold
  905  assessment or mold remediation by bribery or fraudulent
  906  misrepresentations.;
  907         (c) Having a license to practice mold assessment or mold
  908  remediation revoked, suspended, or otherwise acted against,
  909  including the denial of licensure, by the licensing authority of
  910  another state, territory, or country.;
  911         (d) Being convicted or found guilty of, or entering a plea
  912  of nolo contendere to, regardless of adjudication, a crime in
  913  any jurisdiction that directly relates to the practice of mold
  914  assessment or mold remediation or the ability to practice mold
  915  assessment or mold remediation.;
  916         (e) Making or filing a report or record that the licensee
  917  knows to be false, willfully failing to file a report or record
  918  required by state or federal law, willfully impeding or
  919  obstructing such filing, or inducing another person to impede or
  920  obstruct such filing. Such reports or records shall include only
  921  those that are signed in the capacity of a registered mold
  922  assessor or mold remediator.;
  923         (f) Advertising goods or services in a manner that is
  924  fraudulent, false, deceptive, or misleading in form or content.;
  925         (g) Engaging in fraud or deceit, or negligence,
  926  incompetency, or misconduct, in the practice of mold assessment
  927  or mold remediation.;
  928         (h) Failing to perform any statutory or legal obligation
  929  placed upon a licensed mold assessor or mold remediator;
  930  violating any provision of this chapter, a rule of the
  931  department, or a lawful order of the department previously
  932  entered in a disciplinary hearing; or failing to comply with a
  933  lawfully issued subpoena of the department.; or
  934         (i) Practicing on a revoked, suspended, inactive, or
  935  delinquent license.
  936         (j) Failing to meet any standard of practice adopted by
  937  rule of the department.
  938         Section 23. Subsection (1) of section 468.8421, Florida
  939  Statutes, is amended to read:
  940         468.8421 Insurance.—
  941         (1) A mold assessor shall maintain general liability and
  942  errors and omissions for both preliminary and postremediation
  943  mold assessment insurance coverage in an amount of at least $1
  944  million not less than $1,000,000.
  945         Section 24. Section 468.8423, Florida Statutes, is amended
  946  to read:
  947         468.8423 Grandfather clause.—
  948         (1) A person who performs mold assessment or mold
  949  remediation as defined in this part may qualify to be licensed
  950  by the department as a mold assessor or mold remediator if the
  951  person submits his or her application to the department by March
  952  1, 2011, whether postmarked or delivered by that date, and if
  953  the person: meets the licensure requirements of this part by
  954  July 1, 2010.
  955         (a) Is certified as a mold assessor or mold remediator by a
  956  state or national association that requires, for such
  957  certification, successful completion of a proctored examination
  958  on mold assessment or mold remediation, as applicable, and
  959  completes at least 60 hours of education on mold assessment or
  960  at least 30 hours of education on mold remediation, as
  961  applicable; or
  962         (b) At the time of application, has at least 3 years of
  963  experience as a mold assessor or mold remediator. To establish
  964  the 3 years of experience, an applicant must submit at least 40
  965  mold assessments or remediation invoices prepared by the
  966  applicant.
  967         (2) The department may investigate the validity of a mold
  968  assessment or remediation invoice submitted under paragraph
  969  (1)(b) and, if the applicant submits a false assessment or
  970  invoice, may take disciplinary action against the applicant
  971  under s. 468.842(1)(e) or (g).
  972         (3) An applicant may not qualify for licensure under this
  973  section if he or she has had a mold assessor or mold remediator
  974  license or a license in any related field revoked at any time or
  975  suspended within the previous 5 years or has been assessed a
  976  fine that exceeds $500 within the previous 5 years. For purposes
  977  of this subsection, a license in a related field includes, but
  978  is not limited to, licensure in real estate, construction, home
  979  inspection, building code administration or inspection, or
  980  indoor air quality.
  981         (4) An applicant for licensure under this section must
  982  comply with the good moral character and insurance requirements
  983  of this part.
  984         Section 25. Section 468.8424, Florida Statutes, is created
  985  to read:
  986         468.8424 Rulemaking authority.—The department shall adopt
  987  rules to administer this part.
  988         Section 26. Subsection (22) of section 489.103, Florida
  989  Statutes, is amended to read:
  990         489.103 Exemptions.—This part does not apply to:
  991         (22) A person licensed pursuant to s. 633.061(1)(d) or
  992  (3)(2)(b) performing work authorized by such license.
  993         Section 27. Subsection (1) of section 489.5335, Florida
  994  Statutes, is amended to read:
  995         489.5335 Journeyman; reciprocity; standards.—
  996         (1) An individual who holds a valid, active journeyman
  997  license in the electrical trade issued by any county or
  998  municipality in this state may work as a journeyman in any other
  999  county or municipality of this state without taking an
 1000  additional examination or paying an additional license fee, if
 1001  he or she:
 1002         (a) Has scored at least 70 percent, or after October 1,
 1003  1997, at least 75 percent, on a proctored journeyman Block and
 1004  Associates examination or other proctored examination approved
 1005  by the board for the electrical trade;
 1006         (b) Has completed an apprenticeship program registered with
 1007  the Department of Labor and Employment Security and demonstrates
 1008  4 years’ verifiable practical experience in the electrical
 1009  trade, or demonstrates 6 years’ verifiable practical experience
 1010  in the electrical trade;
 1011         (c) Has satisfactorily completed specialized and advanced
 1012  module coursework approved by the Florida Building Commission,
 1013  as part of the building code training program established in s.
 1014  553.841, specific to the discipline, and successfully completed
 1015  the program’s core curriculum courses or passed an equivalency
 1016  test in lieu of taking the core curriculum courses and provided
 1017  proof of completion of such curriculum courses or examination
 1018  and obtained a certificate from the board pursuant to this part
 1019  or, pursuant to authorization by the certifying authority,
 1020  provides proof of completion of such curriculum or coursework
 1021  within 6 months after such certification; and
 1022         (d) Has not had a license suspended or revoked within the
 1023  last 5 years.
 1024         Section 28. Subsections (2), (8), and (9) of section
 1025  553.37, Florida Statutes, are amended, and subsection (12) is
 1026  added to that section, to read:
 1027         553.37 Rules; inspections; and insignia.—
 1028         (2) The department shall adopt rules to address:
 1029         (a) Procedures and qualifications for approval of third
 1030  party plan review and inspection agencies and of those who
 1031  perform inspections and plan reviews.
 1032         (b) Investigation of consumer complaints of noncompliance
 1033  of manufactured buildings with the Florida Building Code and the
 1034  Florida Fire Prevention Code.
 1035         (c) Issuance, cancellation, and revocation of any insignia
 1036  issued by the department and procedures for auditing and
 1037  accounting for disposition of them.
 1038         (d) Monitoring the manufacturers’, inspection agencies’,
 1039  and plan review agencies’ compliance with this part and the
 1040  Florida Building Code. Monitoring may include, but is not
 1041  limited to, performing audits of plans, inspections of
 1042  manufacturing facilities and observation of the manufacturing
 1043  and inspection process, and onsite inspections of buildings.
 1044         (e) The performance by the department and its designees and
 1045  contractors of any other functions required by this part.
 1046         (8) The department, by rule, shall establish a schedule of
 1047  fees to pay the cost of the administration and enforcement of
 1048  this part. The rule may provide for manufacturers to pay fees to
 1049  the administrator directly via the Building Code Information
 1050  System.
 1051         (9) The department may delegate its enforcement authority
 1052  to a state department having building construction
 1053  responsibilities or a local government, and may enter into
 1054  contracts for the performance of its administrative duties under
 1055  this part. The department may delegate its plan review and
 1056  inspection authority to one or more of the following in any
 1057  combination:
 1058         (a) A state department having building construction
 1059  responsibilities;
 1060         (b) A local government;
 1061         (c) An approved inspection agency;
 1062         (d) An approved plan review agency; or
 1063         (e) An agency of another state.
 1064         (12) Custom or one-of-a-kind prototype manufactured
 1065  buildings are not required to have state approval, but must be
 1066  in compliance with all local requirements of the governmental
 1067  agency having jurisdiction at the installation site.
 1068         Section 29. Section 553.375, Florida Statutes, is amended
 1069  to read:
 1070         553.375 Recertification of manufactured buildings.—Prior to
 1071  the relocation to a site that has a higher design wind speed,
 1072  modification, or change of occupancy of a manufactured building
 1073  within the state, the manufacturer, dealer, or owner thereof may
 1074  apply to the department for recertification of that manufactured
 1075  building. The department shall, by rule, provide what
 1076  information the applicant must submit for recertification and
 1077  for plan review and inspection of such manufactured buildings
 1078  and shall establish fees for recertification. Upon a
 1079  determination by the department that the manufactured building
 1080  complies with the applicable building codes, the department
 1081  shall issue a recertification insignia. A manufactured building
 1082  that bears recertification insignia does not require any
 1083  additional approval by an enforcement jurisdiction in which the
 1084  building is sold or installed, and is considered to comply with
 1085  all applicable codes. As an alternative to recertification by
 1086  the department, the manufacturer, dealer, or owner of a
 1087  manufactured building may seek appropriate permitting and a
 1088  certificate of occupancy from the local jurisdiction in
 1089  accordance with procedures generally applicable under the
 1090  Florida Building Code.
 1091         Section 30. Section 553.509, Florida Statutes, is amended
 1092  to read:
 1093         553.509 Vertical accessibility.—
 1094         (1) Nothing in ss. 553.501-553.513 or the guidelines shall
 1095  be construed to relieve the owner of any building, structure, or
 1096  facility governed by those sections from the duty to provide
 1097  vertical accessibility to all levels above and below the
 1098  occupiable grade level, regardless of whether the guidelines
 1099  require an elevator to be installed in such building, structure,
 1100  or facility, except for:
 1101         (a) Elevator pits, elevator penthouses, mechanical rooms,
 1102  piping or equipment catwalks, and automobile lubrication and
 1103  maintenance pits and platforms;
 1104         (b) Unoccupiable spaces, such as rooms, enclosed spaces,
 1105  and storage spaces that are not designed for human occupancy,
 1106  for public accommodations, or for work areas; and
 1107         (c) Occupiable spaces and rooms that are not open to the
 1108  public and that house no more than five persons, including, but
 1109  not limited to, equipment control rooms and projection booths.
 1110         (2)(a) Any person, firm, or corporation that owns, manages,
 1111  or operates a residential multifamily dwelling, including a
 1112  condominium, that is at least 75 feet high and contains a public
 1113  elevator, as described in s. 399.035(2) and (3) and rules
 1114  adopted by the Florida Building Commission, shall have at least
 1115  one public elevator that is capable of operating on an alternate
 1116  power source for emergency purposes. Alternate power shall be
 1117  available for the purpose of allowing all residents access for a
 1118  specified number of hours each day over a 5-day period following
 1119  a natural disaster, manmade disaster, emergency, or other civil
 1120  disturbance that disrupts the normal supply of electricity. The
 1121  alternate power source that controls elevator operations must
 1122  also be capable of powering any connected fire alarm system in
 1123  the building.
 1124         (b) At a minimum, the elevator must be appropriately
 1125  prewired and prepared to accept an alternate power source and
 1126  must have a connection on the line side of the main disconnect,
 1127  pursuant to National Electric Code Handbook, Article 700. In
 1128  addition to the required power source for the elevator and
 1129  connected fire alarm system in the building, the alternate power
 1130  supply must be sufficient to provide emergency lighting to the
 1131  interior lobbies, hallways, and other portions of the building
 1132  used by the public. Residential multifamily dwellings must have
 1133  an available generator and fuel source on the property or have
 1134  proof of a current contract posted in the elevator machine room
 1135  or other place conspicuous to the elevator inspector affirming a
 1136  current guaranteed service contract for such equipment and fuel
 1137  source to operate the elevator on an on-call basis within 24
 1138  hours after a request. By December 31, 2006, any person, firm or
 1139  corporation that owns, manages, or operates a residential
 1140  multifamily dwelling as defined in paragraph (a) must provide to
 1141  the local building inspection agency verification of engineering
 1142  plans for residential multifamily dwellings that provide for the
 1143  capability to generate power by alternate means. Compliance with
 1144  installation requirements and operational capability
 1145  requirements must be verified by local building inspectors and
 1146  reported to the county emergency management agency by December
 1147  31, 2007.
 1148         (c) Each newly constructed residential multifamily
 1149  dwelling, including a condominium, that is at least 75 feet high
 1150  and contains a public elevator, as described in s. 399.035(2)
 1151  and (3) and rules adopted by the Florida Building Commission,
 1152  must have at least one public elevator that is capable of
 1153  operating on an alternate power source for the purpose of
 1154  allowing all residents access for a specified number of hours
 1155  each day over a 5-day period following a natural disaster,
 1156  manmade disaster, emergency, or other civil disturbance that
 1157  disrupts the normal supply of electricity. The alternate power
 1158  source that controls elevator operations must be capable of
 1159  powering any connected fire alarm system in the building. In
 1160  addition to the required power source for the elevator and
 1161  connected fire alarm system, the alternate power supply must be
 1162  sufficient to provide emergency lighting to the interior
 1163  lobbies, hallways, and other portions of the building used by
 1164  the public. Engineering plans and verification of operational
 1165  capability must be provided by the local building inspector to
 1166  the county emergency management agency before occupancy of the
 1167  newly constructed building.
 1168         (d) Each person, firm, or corporation that is required to
 1169  maintain an alternate power source under this subsection shall
 1170  maintain a written emergency operations plan that details the
 1171  sequence of operations before, during, and after a natural or
 1172  manmade disaster or other emergency situation. The plan must
 1173  include, at a minimum, a lifesafety plan for evacuation,
 1174  maintenance of the electrical and lighting supply, and
 1175  provisions for the health, safety, and welfare of the residents.
 1176  In addition, the owner, manager, or operator of the residential
 1177  multifamily dwelling must keep written records of any contracts
 1178  for alternative power generation equipment. Also, quarterly
 1179  inspection records of lifesafety equipment and alternate power
 1180  generation equipment must be posted in the elevator machine room
 1181  or other place conspicuous to the elevator inspector, which
 1182  confirm that such equipment is properly maintained and in good
 1183  working condition, and copies of contracts for alternate power
 1184  generation equipment shall be maintained on site for
 1185  verification. The written emergency operations plan and
 1186  inspection records shall also be open for periodic inspection by
 1187  local and state government agencies as deemed necessary. The
 1188  owner or operator must keep a generator key in a lockbox posted
 1189  at or near any installed generator unit.
 1190         (e) Multistory affordable residential dwellings for persons
 1191  age 62 and older that are financed or insured by the United
 1192  States Department of Housing and Urban Development must make
 1193  every effort to obtain grant funding from the Federal Government
 1194  or the Florida Housing Finance Corporation to comply with this
 1195  subsection. If an owner of such a residential dwelling cannot
 1196  comply with the requirements of this subsection, the owner must
 1197  develop a plan with the local emergency management agency to
 1198  ensure that residents are evacuated to a place of safety in the
 1199  event of a power outage resulting from a natural or manmade
 1200  disaster or other emergency situation that disrupts the normal
 1201  supply of electricity for an extended period of time. A place of
 1202  safety may include, but is not limited to, relocation to an
 1203  alternative site within the building or evacuation to a local
 1204  shelter.
 1205         (f) As a part of the annual elevator inspection required
 1206  under s. 399.061, certified elevator inspectors shall confirm
 1207  that all installed generators required by this chapter are in
 1208  working order, have current inspection records posted in the
 1209  elevator machine room or other place conspicuous to the elevator
 1210  inspector, and that the required generator key is present in the
 1211  lockbox posted at or near the installed generator. If a building
 1212  does not have an installed generator, the inspector shall
 1213  confirm that the appropriate prewiring and switching
 1214  capabilities are present and that a statement is posted in the
 1215  elevator machine room or other place conspicuous to the elevator
 1216  inspector affirming a current guaranteed contract exists for
 1217  contingent services for alternate power is current for the
 1218  operating period.
 1219         (2)Notwithstanding any provision of subsection (1)
 1220  However, buildings, structures, and facilities must, at as a
 1221  minimum, comply with the requirements in the Americans with
 1222  Disabilities Act Accessibility Guidelines.
 1223         Section 31. Subsection (1) of section 553.512, Florida
 1224  Statutes, is amended to read:
 1225         553.512 Modifications and waivers; advisory council.—
 1226         (1) The Florida Building Commission shall provide by
 1227  regulation criteria for granting individual modifications of, or
 1228  exceptions from, the literal requirements of this part upon a
 1229  determination of unnecessary, unreasonable, or extreme hardship,
 1230  provided such waivers shall not violate federal accessibility
 1231  laws and regulations and shall be reviewed by the Accessibility
 1232  Advisory Council. The commission shall establish by rule a fee
 1233  to be paid upon submitting a request for a waiver as provided in
 1234  this section. Notwithstanding any other provision of this
 1235  subsection, if an applicant for a waiver demonstrates economic
 1236  hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
 1237  shall be granted. The commission may not consider waiving any of
 1238  the requirements of s. 553.5041 unless the applicant first
 1239  demonstrates that she or he has applied for and been denied
 1240  waiver or variance from all local government zoning, subdivision
 1241  regulations, or other ordinances that prevent compliance
 1242  therewith. Further, the commission may not waive the requirement
 1243  of s. 553.5041(5)(a) and (c)1. governing the minimum width of
 1244  accessible routes and minimum width of accessible parking
 1245  spaces.
 1246         Section 32. Effective October 1, 2010, section 553.721,
 1247  Florida Statutes, is amended to read:
 1248         553.721 Surcharge.—
 1249         (1) In order for the Department of Community Affairs to
 1250  administer and carry out the purposes of this part and related
 1251  activities, there is hereby created a surcharge, to be assessed
 1252  at the rate of 1.5 percent of all permit fees associated with
 1253  enforcement of the Florida Building Code as defined by the
 1254  uniform account criteria and specifically the uniform account
 1255  code for building permits adopted for local government financial
 1256  reporting pursuant to s. 218.32. The minimum amount collected on
 1257  any permit issued shall be $2 one-half cent per square foot
 1258  under-roof floor space permitted pursuant to s. 125.56(4) or s.
 1259  166.201. However, for additions, alterations, or renovations to
 1260  existing buildings, the surcharge shall be computed on the basis
 1261  of the square footage being added, altered, or renovated. The
 1262  unit of government responsible for collecting a permit fee
 1263  pursuant to s. 125.56(4) or s. 166.201 shall collect such
 1264  surcharge and electronically remit the funds collected to the
 1265  department on a quarterly calendar basis beginning not later
 1266  than December 31, 2010, for the preceding quarter, and
 1267  continuing each third month thereafter, and such unit of
 1268  government shall may retain 10 an amount up to 5 percent of the
 1269  surcharge collected to fund the participation of building
 1270  departments in the national and state building code promulgation
 1271  processes and to provide education related to enforcement of the
 1272  Florida Building Code cover costs associated with the collection
 1273  and remittance of such surcharge. All funds remitted to the
 1274  department pursuant to this subsection shall be deposited in the
 1275  Operating Trust Fund. Funds collected from such surcharge shall
 1276  be used exclusively for the duties of the Florida Building
 1277  Commission and the Department of Community Affairs not be used
 1278  to fund research on techniques for mitigation of radon in
 1279  existing buildings. Funds used by the department as well as
 1280  funds to be transferred to the Department of Health shall be as
 1281  prescribed in the annual General Appropriations Act. The
 1282  department shall adopt rules governing the collection and
 1283  remittance of surcharges in accordance with chapter 120.
 1284         (2) Notwithstanding subsection (1), and for the 2008-2009
 1285  fiscal year only, the amount transferred from the Operating
 1286  Trust Fund to the Grants and Donations Trust Fund of the
 1287  Department of Community Affairs pursuant to the General
 1288  Appropriations Act for the 2008-2009 fiscal year shall be used
 1289  for the regional planning councils, civil legal assistance, and
 1290  the Front Porch Florida Initiative.
 1291         Section 33. Subsections (2) and (3) and paragraph (b) of
 1292  subsection (4) of section 553.73, Florida Statutes, are amended,
 1293  present subsections (5) through (13) of that section are
 1294  renumbered as subsections (6) through (14), respectively, a new
 1295  subsection (5) is added to that section, paragraph (a) of
 1296  present subsection (6) and present subsections (7) and (9) of
 1297  that section are amended, and subsections (15) and (16) are
 1298  added to that section, to read:
 1299         553.73 Florida Building Code.—
 1300         (2) The Florida Building Code shall contain provisions or
 1301  requirements for public and private buildings, structures, and
 1302  facilities relative to structural, mechanical, electrical,
 1303  plumbing, energy, and gas systems, existing buildings,
 1304  historical buildings, manufactured buildings, elevators, coastal
 1305  construction, lodging facilities, food sales and food service
 1306  facilities, health care facilities, including assisted living
 1307  facilities, adult day care facilities, hospice residential and
 1308  inpatient facilities and units, and facilities for the control
 1309  of radiation hazards, public or private educational facilities,
 1310  swimming pools, and correctional facilities and enforcement of
 1311  and compliance with such provisions or requirements. Further,
 1312  the Florida Building Code must provide for uniform
 1313  implementation of ss. 515.25, 515.27, and 515.29 by including
 1314  standards and criteria for residential swimming pool barriers,
 1315  pool covers, latching devices, door and window exit alarms, and
 1316  other equipment required therein, which are consistent with the
 1317  intent of s. 515.23. Technical provisions to be contained within
 1318  the Florida Building Code are restricted to requirements related
 1319  to the types of materials used and construction methods and
 1320  standards employed in order to meet criteria specified in the
 1321  Florida Building Code. Provisions relating to the personnel,
 1322  supervision or training of personnel, or any other professional
 1323  qualification requirements relating to contractors or their
 1324  workforce may not be included within the Florida Building Code,
 1325  and subsections (4), (5), (6), (7), and (8), and (9) are not to
 1326  be construed to allow the inclusion of such provisions within
 1327  the Florida Building Code by amendment. This restriction applies
 1328  to both initial development and amendment of the Florida
 1329  Building Code.
 1330         (3) The commission shall select from available national or
 1331  international model building codes, or other available building
 1332  codes and standards currently recognized by the laws of this
 1333  state, to form the foundation for the Florida Building Code. The
 1334  commission may modify the selected model codes and standards as
 1335  needed to accommodate the specific needs of this state.
 1336  Standards or criteria referenced by the selected model codes
 1337  shall be similarly incorporated by reference. If a referenced
 1338  standard or criterion requires amplification or modification to
 1339  be appropriate for use in this state, only the amplification or
 1340  modification shall be specifically set forth in the Florida
 1341  Building Code. The Florida Building Commission may approve
 1342  technical amendments to the code, subject to the requirements of
 1343  subsections (8) (7) and (9) (8), after the amendments have been
 1344  subject to the following conditions:
 1345         (a) The proposed amendment has been published on the
 1346  commission’s website for a minimum of 45 days and all the
 1347  associated documentation has been made available to any
 1348  interested party before any consideration by any Technical
 1349  Advisory Committee;
 1350         (b) In order for a Technical Advisory Committee to make a
 1351  favorable recommendation to the commission, the proposal must
 1352  receive a three-fourths vote of the members present at the
 1353  Technical Advisory Committee meeting and at least half of the
 1354  regular members must be present in order to conduct a meeting;
 1355         (c) After Technical Advisory Committee consideration and a
 1356  recommendation for approval of any proposed amendment, the
 1357  proposal must be published on the commission’s website for not
 1358  less than 45 days before any consideration by the commission;
 1359  and
 1360         (d) Any proposal may be modified by the commission based on
 1361  public testimony and evidence from a public hearing held in
 1362  accordance with chapter 120.
 1363  
 1364  The commission shall incorporate within sections of the Florida
 1365  Building Code provisions which address regional and local
 1366  concerns and variations. The commission shall make every effort
 1367  to minimize conflicts between the Florida Building Code, the
 1368  Florida Fire Prevention Code, and the Life Safety Code.
 1369         (4)
 1370         (b) Local governments may, subject to the limitations of
 1371  this section, adopt amendments to the technical provisions of
 1372  the Florida Building Code which apply solely within the
 1373  jurisdiction of such government and which provide for more
 1374  stringent requirements than those specified in the Florida
 1375  Building Code, not more than once every 6 months. A local
 1376  government may adopt technical amendments that address local
 1377  needs if:
 1378         1. The local governing body determines, following a public
 1379  hearing which has been advertised in a newspaper of general
 1380  circulation at least 10 days before the hearing, that there is a
 1381  need to strengthen the requirements of the Florida Building
 1382  Code. The determination must be based upon a review of local
 1383  conditions by the local governing body, which review
 1384  demonstrates by evidence or data that the geographical
 1385  jurisdiction governed by the local governing body exhibits a
 1386  local need to strengthen the Florida Building Code beyond the
 1387  needs or regional variation addressed by the Florida Building
 1388  Code, that the local need is addressed by the proposed local
 1389  amendment, and that the amendment is no more stringent than
 1390  necessary to address the local need.
 1391         2. Such additional requirements are not discriminatory
 1392  against materials, products, or construction techniques of
 1393  demonstrated capabilities.
 1394         3. Such additional requirements may not introduce a new
 1395  subject not addressed in the Florida Building Code.
 1396         4. The enforcing agency shall make readily available, in a
 1397  usable format, all amendments adopted pursuant to this section.
 1398         5. Any amendment to the Florida Building Code shall be
 1399  transmitted within 30 days by the adopting local government to
 1400  the commission. The commission shall maintain copies of all such
 1401  amendments in a format that is usable and obtainable by the
 1402  public. Local technical amendments shall not become effective
 1403  until 30 days after the amendment has been received and
 1404  published by the commission.
 1405         6. Any amendment to the Florida Building Code adopted by a
 1406  local government pursuant to this paragraph shall be effective
 1407  only until the adoption by the commission of the new edition of
 1408  the Florida Building Code every third year. At such time, the
 1409  commission shall review such amendment for consistency with the
 1410  criteria in paragraph (9)(8)(a) and adopt such amendment as part
 1411  of the Florida Building Code or rescind the amendment. The
 1412  commission shall immediately notify the respective local
 1413  government of the rescission of any amendment. After receiving
 1414  such notice, the respective local government may readopt the
 1415  rescinded amendment pursuant to the provisions of this
 1416  paragraph.
 1417         7. Each county and municipality desiring to make local
 1418  technical amendments to the Florida Building Code shall by
 1419  interlocal agreement establish a countywide compliance review
 1420  board to review any amendment to the Florida Building Code,
 1421  adopted by a local government within the county pursuant to this
 1422  paragraph, that is challenged by any substantially affected
 1423  party for purposes of determining the amendment’s compliance
 1424  with this paragraph. If challenged, the local technical
 1425  amendments shall not become effective until time for filing an
 1426  appeal pursuant to subparagraph 8. has expired or, if there is
 1427  an appeal, until the commission issues its final order
 1428  determining the adopted amendment is in compliance with this
 1429  subsection.
 1430         8. If the compliance review board determines such amendment
 1431  is not in compliance with this paragraph, the compliance review
 1432  board shall notify such local government of the noncompliance
 1433  and that the amendment is invalid and unenforceable until the
 1434  local government corrects the amendment to bring it into
 1435  compliance. The local government may appeal the decision of the
 1436  compliance review board to the commission. If the compliance
 1437  review board determines such amendment to be in compliance with
 1438  this paragraph, any substantially affected party may appeal such
 1439  determination to the commission. Any such appeal shall be filed
 1440  with the commission within 14 days of the board’s written
 1441  determination. The commission shall promptly refer the appeal to
 1442  the Division of Administrative Hearings for the assignment of an
 1443  administrative law judge. The administrative law judge shall
 1444  conduct the required hearing within 30 days, and shall enter a
 1445  recommended order within 30 days of the conclusion of such
 1446  hearing. The commission shall enter a final order within 30 days
 1447  thereafter. The provisions of chapter 120 and the uniform rules
 1448  of procedure shall apply to such proceedings. The local
 1449  government adopting the amendment that is subject to challenge
 1450  has the burden of proving that the amendment complies with this
 1451  paragraph in proceedings before the compliance review board and
 1452  the commission, as applicable. Actions of the commission are
 1453  subject to judicial review pursuant to s. 120.68. The compliance
 1454  review board shall determine whether its decisions apply to a
 1455  respective local jurisdiction or apply countywide.
 1456         9. An amendment adopted under this paragraph shall include
 1457  a fiscal impact statement which documents the costs and benefits
 1458  of the proposed amendment. Criteria for the fiscal impact
 1459  statement shall include the impact to local government relative
 1460  to enforcement, the impact to property and building owners, as
 1461  well as to industry, relative to the cost of compliance. The
 1462  fiscal impact statement may not be used as a basis for
 1463  challenging the amendment for compliance.
 1464         10. In addition to subparagraphs 7. and 9., the commission
 1465  may review any amendments adopted pursuant to this subsection
 1466  and make nonbinding recommendations related to compliance of
 1467  such amendments with this subsection.
 1468         (5) Notwithstanding subsection (4), counties and
 1469  municipalities may adopt by ordinance an administrative or
 1470  technical amendment to the Florida Building Code relating to
 1471  flood resistance in order to implement the National Flood
 1472  Insurance Program or incentives. Specifically, an administrative
 1473  amendment may assign the duty to enforce all or portions of
 1474  flood-related code provisions to the appropriate agencies of the
 1475  local government and adopt procedures for variances and
 1476  exceptions from flood-related code provisions other than
 1477  provisions for structures seaward of the coastal construction
 1478  control line consistent with the requirements in 44 C.F.R. s.
 1479  60.6. A technical amendment is authorized to the extent that it
 1480  is more stringent than the code. A technical amendment is not
 1481  subject to the requirements of subsection (4) and may not be
 1482  rendered void when the code is updated if the amendment is
 1483  adopted for the purpose of participating in the Community Rating
 1484  System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
 1485  had already been adopted by local ordinance prior to July 1,
 1486  2010, or the amendment requires a design flood elevation above
 1487  the base flood elevation. Any amendment adopted pursuant to this
 1488  subsection shall be transmitted to the commission within 30 days
 1489  after adoption.
 1490         (7)(6)(a) The commission, by rule adopted pursuant to ss.
 1491  120.536(1) and 120.54, shall update the Florida Building Code
 1492  every 3 years. When updating the Florida Building Code, the
 1493  commission shall select the most current version of the
 1494  International Building Code, the International Fuel Gas Code,
 1495  the International Mechanical Code, the International Plumbing
 1496  Code, and the International Residential Code, all of which are
 1497  adopted by the International Code Council, and the National
 1498  Electrical Code, which is adopted by the National Fire
 1499  Protection Association, to form the foundation codes of the
 1500  updated Florida Building Code, if the version has been adopted
 1501  by the applicable model code entity and made available to the
 1502  public at least 6 months prior to its selection by the
 1503  commission. The commission shall select the most current version
 1504  of the International Energy Conservation Code (IECC) as a
 1505  foundation code; however, the IECC shall be modified by the
 1506  commission to maintain the efficiencies of the Florida Energy
 1507  Efficiency Code for Building Construction adopted and amended
 1508  pursuant to s. 553.901.
 1509         (8)(7) Notwithstanding the provisions of subsection (3) or
 1510  subsection (7) (6), the commission may address issues identified
 1511  in this subsection by amending the code pursuant only to the
 1512  rule adoption procedures contained in chapter 120. Provisions of
 1513  the Florida Building Code, including those contained in
 1514  referenced standards and criteria, relating to wind resistance
 1515  or the prevention of water intrusion may not be amended pursuant
 1516  to this subsection to diminish those construction requirements;
 1517  however, the commission may, subject to conditions in this
 1518  subsection, amend the provisions to enhance those construction
 1519  requirements. Following the approval of any amendments to the
 1520  Florida Building Code by the commission and publication of the
 1521  amendments on the commission’s website, authorities having
 1522  jurisdiction to enforce the Florida Building Code may enforce
 1523  the amendments. The commission may approve amendments that are
 1524  needed to address:
 1525         (a) Conflicts within the updated code;
 1526         (b) Conflicts between the updated code and the Florida Fire
 1527  Prevention Code adopted pursuant to chapter 633;
 1528         (c) The omission of previously adopted Florida-specific
 1529  amendments to the updated code if such omission is not supported
 1530  by a specific recommendation of a technical advisory committee
 1531  or particular action by the commission;
 1532         (d) Unintended results from the integration of previously
 1533  adopted Florida-specific amendments with the model code;
 1534         (e) Equivalency of standards;
 1535         (f)(e) Changes to or inconsistencies with federal or state
 1536  law; or
 1537         (g)(f) Adoption of an updated edition of the National
 1538  Electrical Code if the commission finds that delay of
 1539  implementing the updated edition causes undue hardship to
 1540  stakeholders or otherwise threatens the public health, safety,
 1541  and welfare.
 1542         (10)(9) The following buildings, structures, and facilities
 1543  are exempt from the Florida Building Code as provided by law,
 1544  and any further exemptions shall be as determined by the
 1545  Legislature and provided by law:
 1546         (a) Buildings and structures specifically regulated and
 1547  preempted by the Federal Government.
 1548         (b) Railroads and ancillary facilities associated with the
 1549  railroad.
 1550         (c) Nonresidential farm buildings on farms.
 1551         (d) Temporary buildings or sheds used exclusively for
 1552  construction purposes.
 1553         (e) Mobile or modular structures used as temporary offices,
 1554  except that the provisions of part II relating to accessibility
 1555  by persons with disabilities shall apply to such mobile or
 1556  modular structures.
 1557         (f) Those structures or facilities of electric utilities,
 1558  as defined in s. 366.02, which are directly involved in the
 1559  generation, transmission, or distribution of electricity.
 1560         (g) Temporary sets, assemblies, or structures used in
 1561  commercial motion picture or television production, or any
 1562  sound-recording equipment used in such production, on or off the
 1563  premises.
 1564         (h) Storage sheds that are not designed for human
 1565  habitation and that have a floor area of 720 square feet or less
 1566  are not required to comply with the mandatory wind-borne-debris
 1567  impact standards of the Florida Building Code.
 1568         (i) Chickees constructed by the Miccosukee Tribe of Indians
 1569  of Florida or the Seminole Tribe of Florida. As used in this
 1570  paragraph, the term “chickee” means an open-sided wooden hut
 1571  that has a thatched roof of palm or palmetto or other
 1572  traditional materials, and that does not incorporate any
 1573  electrical, plumbing, or other nonwood features.
 1574         (j) Family mausoleums not exceeding 250 square feet in area
 1575  which are prefabricated and assembled on site or preassembled
 1576  and delivered on site and have walls, roofs, and a floor
 1577  constructed of granite, marble, or reinforced concrete.
 1578  
 1579  With the exception of paragraphs (a), (b), (c), and (f), in
 1580  order to preserve the health, safety, and welfare of the public,
 1581  the Florida Building Commission may, by rule adopted pursuant to
 1582  chapter 120, provide for exceptions to the broad categories of
 1583  buildings exempted in this section, including exceptions for
 1584  application of specific sections of the code or standards
 1585  adopted therein. The Department of Agriculture and Consumer
 1586  Services shall have exclusive authority to adopt by rule,
 1587  pursuant to chapter 120, exceptions to nonresidential farm
 1588  buildings exempted in paragraph (c) when reasonably necessary to
 1589  preserve public health, safety, and welfare. The exceptions must
 1590  be based upon specific criteria, such as under-roof floor area,
 1591  aggregate electrical service capacity, HVAC system capacity, or
 1592  other building requirements. Further, the commission may
 1593  recommend to the Legislature additional categories of buildings,
 1594  structures, or facilities which should be exempted from the
 1595  Florida Building Code, to be provided by law. The Florida
 1596  Building Code does not apply to temporary housing provided by
 1597  the Department of Corrections to any prisoner in the state
 1598  correctional system.
 1599         (15) An agency or local government may not require that
 1600  existing mechanical equipment on the surface of a roof be
 1601  installed in compliance with the requirements of the Florida
 1602  Building Code until the equipment is required to be removed or
 1603  replaced.
 1604         (16)The Florida Building Code must require that the
 1605  illumination in classroom units be designed to provide and
 1606  maintain an average of 40 foot-candles of light at each desktop.
 1607  Public educational facilities must consider using light-emitting
 1608  diode lighting before considering other lighting sources.
 1609         Section 34. Subsection (5) is added to section 553.74,
 1610  Florida Statutes, to read:
 1611         553.74 Florida Building Commission.—
 1612         (5) Notwithstanding s. 112.313 or any other provision of
 1613  law, a member of any of the commission’s technical advisory
 1614  committees, or a member of any other advisory committee or
 1615  workgroup of the commission, does not have an impermissible
 1616  conflict of interest when representing clients before the
 1617  commission or one of its committees or workgroups. However, the
 1618  member, in his or her capacity as a member of the committee or
 1619  workgroup, may not take part in any discussion regarding or take
 1620  action on any matter in which he or she has a direct financial
 1621  interest.
 1622         Section 35. Subsection (2) of section 553.76, Florida
 1623  Statutes, is amended to read:
 1624         553.76 General powers of the commission.—The commission is
 1625  authorized to:
 1626         (2) Issue memoranda of procedure for its internal
 1627  management and control. The commission may adopt rules related
 1628  to its consensus-based decisionmaking process, including, but
 1629  not limited to, super majority voting requirements for
 1630  commission actions relating to the adoption of the Florida
 1631  Building Code or amendments to the code.
 1632         Section 36. Subsections (2) and (4) of section 553.775,
 1633  Florida Statutes, are amended to read:
 1634         553.775 Interpretations.—
 1635         (2) Local enforcement agencies, local building officials,
 1636  state agencies, and the commission shall interpret provisions of
 1637  the Florida Building Code in a manner that is consistent with
 1638  declaratory statements and interpretations entered by the
 1639  commission, except that conflicts between the Florida Fire
 1640  Prevention Code and the Florida Building Code shall be resolved
 1641  in accordance with s. 553.73(11)(10)(c) and (d).
 1642         (4) In order to administer this section, the commission may
 1643  adopt by rule and impose a fee for filing requests for
 1644  declaratory statements and binding and nonbinding
 1645  interpretations to recoup the cost of the proceedings which may
 1646  not exceed $125 for each request for a nonbinding interpretation
 1647  and $250 for each request for a binding review or
 1648  interpretation. For proceedings conducted by or in coordination
 1649  with a third-party, the rule may provide that payment be made
 1650  directly to the third party, who shall remit to the department
 1651  that portion of the fee necessary to cover the costs of the
 1652  department.
 1653         Section 37. Subsection (9) of section 553.79, Florida
 1654  Statutes, is amended to read:
 1655         553.79 Permits; applications; issuance; inspections.—
 1656         (9) Any state agency whose enabling legislation authorizes
 1657  it to enforce provisions of the Florida Building Code may enter
 1658  into an agreement with any other unit of government to delegate
 1659  its responsibility to enforce those provisions and may expend
 1660  public funds for permit and inspection fees, which fees may be
 1661  no greater than the fees charged others. Inspection services
 1662  that are not required to be performed by a state agency under a
 1663  federal delegation of responsibility or by a state agency under
 1664  the Florida Building Code must be performed under the
 1665  alternative plans review and inspection process created in s.
 1666  553.791 or by a local governmental entity having authority to
 1667  enforce the Florida Building Code.
 1668         Section 38. For the purpose of incorporating the amendment
 1669  made by this act to section 553.79, Florida Statutes, in a
 1670  reference thereto, subsection (1) of section 553.80, Florida
 1671  Statutes, is reenacted, and paragraph (c) of subsection (1) and
 1672  subsection (3) of that section are amended, to read:
 1673         553.80 Enforcement.—
 1674         (1) Except as provided in paragraphs (a)-(g), each local
 1675  government and each legally constituted enforcement district
 1676  with statutory authority shall regulate building construction
 1677  and, where authorized in the state agency’s enabling
 1678  legislation, each state agency shall enforce the Florida
 1679  Building Code required by this part on all public or private
 1680  buildings, structures, and facilities, unless such
 1681  responsibility has been delegated to another unit of government
 1682  pursuant to s. 553.79(9).
 1683         (a) Construction regulations relating to correctional
 1684  facilities under the jurisdiction of the Department of
 1685  Corrections and the Department of Juvenile Justice are to be
 1686  enforced exclusively by those departments.
 1687         (b) Construction regulations relating to elevator equipment
 1688  under the jurisdiction of the Bureau of Elevators of the
 1689  Department of Business and Professional Regulation shall be
 1690  enforced exclusively by that department.
 1691         (c) In addition to the requirements of s. 553.79 and this
 1692  section, facilities subject to the provisions of chapter 395 and
 1693  parts part II and VIII of chapter 400 shall have facility plans
 1694  reviewed and construction surveyed by the state agency
 1695  authorized to do so under the requirements of chapter 395 and
 1696  parts part II and VIII of chapter 400 and the certification
 1697  requirements of the Federal Government. Facilities subject to
 1698  the provisions of part IV of chapter 400 may have facility plans
 1699  reviewed and shall have construction surveyed by the state
 1700  agency authorized to do so under the requirements of part IV of
 1701  chapter 400 and the certification requirements of the Federal
 1702  Government.
 1703         (d) Building plans approved under s. 553.77(3) and state
 1704  approved manufactured buildings, including buildings
 1705  manufactured and assembled offsite and not intended for
 1706  habitation, such as lawn storage buildings and storage sheds,
 1707  are exempt from local code enforcing agency plan reviews except
 1708  for provisions of the code relating to erection, assembly, or
 1709  construction at the site. Erection, assembly, and construction
 1710  at the site are subject to local permitting and inspections.
 1711  Lawn storage buildings and storage sheds bearing the insignia of
 1712  approval of the department are not subject to s. 553.842. Such
 1713  buildings that do not exceed 400 square feet may be delivered
 1714  and installed without need of a contractor’s or specialty
 1715  license.
 1716         (e) Construction regulations governing public schools,
 1717  state universities, and community colleges shall be enforced as
 1718  provided in subsection (6).
 1719         (f) The Florida Building Code as it pertains to toll
 1720  collection facilities under the jurisdiction of the turnpike
 1721  enterprise of the Department of Transportation shall be enforced
 1722  exclusively by the turnpike enterprise.
 1723         (g) Construction regulations relating to secure mental
 1724  health treatment facilities under the jurisdiction of the
 1725  Department of Children and Family Services shall be enforced
 1726  exclusively by the department in conjunction with the Agency for
 1727  Health Care Administration’s review authority under paragraph
 1728  (c).
 1729  
 1730  The governing bodies of local governments may provide a schedule
 1731  of fees, as authorized by s. 125.56(2) or s. 166.222 and this
 1732  section, for the enforcement of the provisions of this part.
 1733  Such fees shall be used solely for carrying out the local
 1734  government’s responsibilities in enforcing the Florida Building
 1735  Code. The authority of state enforcing agencies to set fees for
 1736  enforcement shall be derived from authority existing on July 1,
 1737  1998. However, nothing contained in this subsection shall
 1738  operate to limit such agencies from adjusting their fee schedule
 1739  in conformance with existing authority.
 1740         (3)(a) Each enforcement district shall be governed by a
 1741  board, the composition of which shall be determined by the
 1742  affected localities.
 1743         (b)1. At its own option, each enforcement district or local
 1744  enforcement agency may adopt promulgate rules granting to the
 1745  owner of a single-family residence one or more exemptions from
 1746  the Florida Building Code relating to:
 1747         a.(a) Addition, alteration, or repairs performed by the
 1748  property owner upon his or her own property, provided any
 1749  addition or alteration shall not exceed 1,000 square feet or the
 1750  square footage of the primary structure, whichever is less.
 1751         b.(b) Addition, alteration, or repairs by a nonowner within
 1752  a specific cost limitation set by rule, provided the total cost
 1753  shall not exceed $5,000 within any 12-month period.
 1754         c.(c) Building and inspection fees.
 1755         2. However, the exemptions under subparagraph 1. do not
 1756  apply to single-family residences that are located in mapped
 1757  flood hazard areas, as defined in the code, unless the
 1758  enforcement district or local enforcement agency has determined
 1759  that the work, which is otherwise exempt, does not constitute a
 1760  substantial improvement, including the repair of substantial
 1761  damage, of such single-family residences.
 1762         3. Each code exemption, as defined in sub-subparagraphs
 1763  1.a., b., and c. paragraphs (a), (b), and (c), shall be
 1764  certified to the local board 10 days prior to implementation and
 1765  shall only be effective in the territorial jurisdiction of the
 1766  enforcement district or local enforcement agency implementing
 1767  it.
 1768         Section 39. Subsections (4) through (9) of section 553.841,
 1769  Florida Statutes, are amended to read:
 1770         553.841 Building code compliance and mitigation program.—
 1771         (4) The department, In administering the Florida Building
 1772  Code Compliance and Mitigation Program, the department shall
 1773  maintain, update, develop, or cause to be developed:
 1774         (a) A core curriculum that is prerequisite to the advanced
 1775  module coursework.
 1776         (b) advanced modules designed for use by each profession.
 1777         (c) The core curriculum developed under this subsection
 1778  must be submitted to the Department of Business and Professional
 1779  Regulation for approval. Advanced modules developed under this
 1780  paragraph must be approved by the commission and submitted to
 1781  the respective boards for approval.
 1782         (5) The core curriculum shall cover the information
 1783  required to have all categories of participants appropriately
 1784  informed as to their technical and administrative
 1785  responsibilities in the effective execution of the code process
 1786  by all individuals currently licensed under part XII of chapter
 1787  468, chapter 471, chapter 481, or chapter 489, except as
 1788  otherwise provided in s. 471.017. The core curriculum shall be
 1789  prerequisite to the advanced module coursework for all licensees
 1790  and shall be completed by individuals licensed in all categories
 1791  under part XII of chapter 468, chapter 471, chapter 481, or
 1792  chapter 489 within the first 2-year period after initial
 1793  licensure. Core course hours taken by licensees to complete this
 1794  requirement shall count toward fulfillment of required
 1795  continuing education units under part XII of chapter 468,
 1796  chapter 471, chapter 481, or chapter 489.
 1797         (5)(6) Each biennium, upon receipt of funds by the
 1798  Department of Community Affairs from the Construction Industry
 1799  Licensing Board and the Electrical Contractors’ Licensing Board
 1800  provided under ss. 489.109(3) and 489.509(3), the department
 1801  shall determine the amount of funds available for the Florida
 1802  Building Code Compliance and Mitigation Program.
 1803         (6)(7) If the projects provided through the Florida
 1804  Building Code Compliance and Mitigation Program in any state
 1805  fiscal year do not require the use of all available funds, the
 1806  unused funds shall be carried forward and allocated for use
 1807  during the following fiscal year.
 1808         (7)(8) The Florida Building Commission shall provide by
 1809  rule for the accreditation of courses related to the Florida
 1810  Building Code by accreditors approved by the commission. The
 1811  commission shall establish qualifications of accreditors and
 1812  criteria for the accreditation of courses by rule. The
 1813  commission may revoke the accreditation of a course by an
 1814  accreditor if the accreditation is demonstrated to violate this
 1815  part or the rules of the commission.
 1816         (8)(9) This section does not prohibit or limit the subject
 1817  areas or development of continuing education or training on the
 1818  Florida Building Code by any qualified entity.
 1819         Section 40. Subsections (1), (5), (8), and (17) of section
 1820  553.842, Florida Statutes, are amended to read:
 1821         553.842 Product evaluation and approval.—
 1822         (1) The commission shall adopt rules under ss. 120.536(1)
 1823  and 120.54 to develop and implement a product evaluation and
 1824  approval system that applies statewide to operate in
 1825  coordination with the Florida Building Code. The commission may
 1826  enter into contracts to provide for administration of the
 1827  product evaluation and approval system. The commission’s rules
 1828  and any applicable contract may provide that the payment of fees
 1829  related to approvals be made directly to the administrator. Any
 1830  fee paid by a product manufacturer shall be used only for
 1831  funding the product evaluation and approval system. The product
 1832  evaluation and approval system shall provide:
 1833         (a) Appropriate promotion of innovation and new
 1834  technologies.
 1835         (b) Processing submittals of products from manufacturers in
 1836  a timely manner.
 1837         (c) Independent, third-party qualified and accredited
 1838  testing and laboratory facilities, product evaluation entities,
 1839  quality assurance agencies, certification agencies, and
 1840  validation entities.
 1841         (d) An easily accessible product acceptance list to
 1842  entities subject to the Florida Building Code.
 1843         (e) Development of stringent but reasonable testing
 1844  criteria based upon existing consensus standards, when
 1845  available, for products.
 1846         (f) Long-term approvals, where feasible. State and local
 1847  approvals will be valid until the requirements of the code on
 1848  which the approval is based change, the product changes in a
 1849  manner affecting its performance as required by the code, or the
 1850  approval is revoked. However, the commission may authorize by
 1851  rule editorial revisions to approvals and charge a fee as
 1852  provided in this section.
 1853         (g) Criteria for revocation of a product approval.
 1854         (h) Cost-effectiveness.
 1855         (5) Statewide approval of products, methods, or systems of
 1856  construction may be achieved by one of the following methods.
 1857  One of these methods must be used by the commission to approve
 1858  the following categories of products: panel walls, exterior
 1859  doors, roofing, skylights, windows, shutters, and structural
 1860  components as established by the commission by rule.
 1861         (a) Products for which the code establishes standardized
 1862  testing or comparative or rational analysis methods shall be
 1863  approved by submittal and validation of one of the following
 1864  reports or listings indicating that the product or method or
 1865  system of construction was evaluated to be in compliance with
 1866  the Florida Building Code and that the product or method or
 1867  system of construction is, for the purpose intended, at least
 1868  equivalent to that required by the Florida Building Code:
 1869         1. A certification mark or listing of an approved
 1870  certification agency, which may be used only for products for
 1871  which the code designates standardized testing;
 1872         2. A test report from an approved testing laboratory;
 1873         3. A product evaluation report based upon testing or
 1874  comparative or rational analysis, or a combination thereof, from
 1875  an approved product evaluation entity; or
 1876         4. A product evaluation report based upon testing or
 1877  comparative or rational analysis, or a combination thereof,
 1878  developed and signed and sealed by a professional engineer or
 1879  architect, licensed in this state.
 1880  
 1881  A product evaluation report or a certification mark or listing
 1882  of an approved certification agency which demonstrates that the
 1883  product or method or system of construction complies with the
 1884  Florida Building Code for the purpose intended shall be
 1885  equivalent to a test report and test procedure as referenced in
 1886  the Florida Building Code. An application for state approval of
 1887  a product under subparagraph 1. must be approved by the
 1888  department after the commission staff or a designee verifies
 1889  that the application and related documentation are complete.
 1890  This verification must be completed within 10 business days
 1891  after receipt of the application. Upon approval by the
 1892  department, the product shall be immediately added to the list
 1893  of state-approved products maintained under subsection (13).
 1894  Approvals by the department shall be reviewed and ratified by
 1895  the commission’s program oversight committee except for a
 1896  showing of good cause that a review by the full commission is
 1897  necessary. The commission shall adopt rules providing a means to
 1898  cure deficiencies identified within submittals for products
 1899  approved under this paragraph.
 1900         (b) Products, methods, or systems of construction for which
 1901  there are no specific standardized testing or comparative or
 1902  rational analysis methods established in the code may be
 1903  approved by submittal and validation of one of the following:
 1904         1. A product evaluation report based upon testing or
 1905  comparative or rational analysis, or a combination thereof, from
 1906  an approved product evaluation entity indicating that the
 1907  product or method or system of construction was evaluated to be
 1908  in compliance with the intent of the Florida Building Code and
 1909  that the product or method or system of construction is, for the
 1910  purpose intended, at least equivalent to that required by the
 1911  Florida Building Code; or
 1912         2. A product evaluation report based upon testing or
 1913  comparative or rational analysis, or a combination thereof,
 1914  developed and signed and sealed by a professional engineer or
 1915  architect, licensed in this state, who certifies that the
 1916  product or method or system of construction is, for the purpose
 1917  intended, at least equivalent to that required by the Florida
 1918  Building Code.
 1919         (8) The commission may adopt rules to approve the following
 1920  types of entities that produce information on which product
 1921  approvals are based. All of the following entities, including
 1922  engineers and architects, must comply with a nationally
 1923  recognized standard demonstrating independence or no conflict of
 1924  interest:
 1925         (a) Evaluation entities approved pursuant to this paragraph
 1926  that meet the criteria for approval adopted by the commission by
 1927  rule. The commission shall specifically approve the National
 1928  Evaluation Service, the International Association of Plumbing
 1929  and Mechanical Officials Evaluation Service the International
 1930  Conference of Building Officials Evaluation Services, the
 1931  International Code Council Evaluation Services, the Building
 1932  Officials and Code Administrators International Evaluation
 1933  Services, the Southern Building Code Congress International
 1934  Evaluation Services, and the Miami-Dade County Building Code
 1935  Compliance Office Product Control. Architects and engineers
 1936  licensed in this state are also approved to conduct product
 1937  evaluations as provided in subsection (5).
 1938         (b) Testing laboratories accredited by national
 1939  organizations, such as A2LA and the National Voluntary
 1940  Laboratory Accreditation Program, laboratories accredited by
 1941  evaluation entities approved under paragraph (a), and
 1942  laboratories that comply with other guidelines for testing
 1943  laboratories selected by the commission and adopted by rule.
 1944         (c) Quality assurance entities approved by evaluation
 1945  entities approved under paragraph (a) and by certification
 1946  agencies approved under paragraph (d) and other quality
 1947  assurance entities that comply with guidelines selected by the
 1948  commission and adopted by rule.
 1949         (d) Certification agencies accredited by nationally
 1950  recognized accreditors and other certification agencies that
 1951  comply with guidelines selected by the commission and adopted by
 1952  rule.
 1953         (e) Validation entities that comply with accreditation
 1954  standards established by the commission by rule.
 1955         (17)(a) The Florida Building Commission shall review the
 1956  list of evaluation entities in subsection (8) and, in the annual
 1957  report required under s. 553.77, shall either recommend
 1958  amendments to the list to add evaluation entities the commission
 1959  determines should be authorized to perform product evaluations
 1960  or shall report on the criteria adopted by rule or to be adopted
 1961  by rule allowing the commission to approve evaluation entities
 1962  that use the commission’s product evaluation process. If the
 1963  commission adopts criteria by rule, the rulemaking process must
 1964  be completed by July 1, 2009.
 1965         (b) Notwithstanding paragraph (8)(a), the International
 1966  Association of Plumbing and Mechanical Officials Evaluation
 1967  Services is approved as an evaluation entity until October 1,
 1968  2009. If the association does not obtain permanent approval by
 1969  the commission as an evaluation entity by October 1, 2009,
 1970  products approved on the basis of an association evaluation must
 1971  be substituted by an alternative, approved entity by December
 1972  31, 2009, and on January 1, 2010, any product approval issued by
 1973  the commission based on an association evaluation is void.
 1974         Section 41. Subsection (4) is added to section 553.844,
 1975  Florida Statutes, to read:
 1976         553.844 Windstorm loss mitigation; requirements for roofs
 1977  and opening protection.—
 1978         (4) Notwithstanding the provisions of this section, exposed
 1979  mechanical equipment or appliances fastened to a roof or
 1980  installed on the ground in compliance with the code using rated
 1981  stands, platforms, curbs, slabs, or other means are deemed to
 1982  comply with the wind-resistance requirements of the 2007 Florida
 1983  Building Code, as amended. Further support or enclosure of such
 1984  mechanical equipment or appliances may not be required by a
 1985  state or local official having authority to enforce the Florida
 1986  Building Code. This subsection expires on the effective date of
 1987  the 2010 Florida Building Code.
 1988         Section 42. Section 553.885, Florida Statutes, is amended
 1989  to read:
 1990         553.885 Carbon monoxide alarm required.—
 1991         (1) Every separate building or addition to an existing
 1992  building, other than a hospital, an inpatient hospice facility,
 1993  or a nursing home facility licensed by the Agency for Health
 1994  Care Administration, constructed for which a building permit is
 1995  issued for new construction on or after July 1, 2008, and having
 1996  a fossil-fuel-burning heater or appliance, a fireplace, or an
 1997  attached garage, or other feature, fixture, or element that
 1998  emits carbon monoxide as a byproduct of combustion shall have an
 1999  approved operational carbon monoxide alarm installed within 10
 2000  feet of each room used for sleeping purposes in the new building
 2001  or addition, or at such other locations as required by the
 2002  Florida Building Code. The requirements of this subsection may
 2003  be satisfied with the installation of a hard-wired or battery
 2004  powered carbon monoxide alarm or a hard-wired or battery-powered
 2005  combination carbon monoxide and smoke alarm. For a new hospital,
 2006  an inpatient hospice facility, or a nursing home facility
 2007  licensed by the Agency for Health Care Administration, or a new
 2008  state correctional institution, an approved operational carbon
 2009  monoxide detector shall be installed inside or directly outside
 2010  of each room or area within the hospital or facility where a
 2011  fossil-fuel-burning heater, engine, or appliance is located.
 2012  This detector shall be connected to the fire alarm system of the
 2013  hospital or facility as a supervisory signal. This subsection
 2014  does not apply to existing buildings that are undergoing
 2015  alterations or repairs unless the alteration is an addition as
 2016  defined in subsection (3).
 2017         (2) The Florida Building Commission shall adopt rules to
 2018  administer this section and shall incorporate such requirements
 2019  into its next revision of the Florida Building Code.
 2020         (3) As used in this section, the term:
 2021         (a) “Carbon monoxide alarm” means a device that is meant
 2022  for the purpose of detecting carbon monoxide, that produces a
 2023  distinct audible alarm, and that meets the requirements of and
 2024  is approved by the Florida Building Commission.
 2025         (b) “Fossil fuel” means coal, kerosene, oil, fuel gases, or
 2026  other petroleum or hydrocarbon product that emits carbon
 2027  monoxide as a by-product of combustion.
 2028         (c) “Addition” means an extension or increase in floor
 2029  area, number of stories, or height of a building or structure.
 2030         Section 43. Subsection (2) of section 553.9061, Florida
 2031  Statutes, is amended to read:
 2032         553.9061 Scheduled increases in thermal efficiency
 2033  standards.—
 2034         (2) The Florida Building Commission shall identify within
 2035  code support and compliance documentation the specific building
 2036  options and elements available to meet the energy performance
 2037  goals established in subsection (1). Energy efficiency
 2038  performance options and elements include, but are not limited
 2039  to:
 2040         (a) Energy-efficient water heating systems, including solar
 2041  water heating.
 2042         (b) Energy-efficient appliances.
 2043         (c) Energy-efficient windows, doors, and skylights.
 2044         (d) Low solar-absorption roofs, also known as “cool roofs.”
 2045         (e) Enhanced ceiling and wall insulation.
 2046         (f) Reduced-leak duct systems and energy-saving devices and
 2047  features installed within duct systems.
 2048         (g) Programmable thermostats.
 2049         (h) Energy-efficient lighting systems.
 2050         (i) Energy-saving quality installation procedures for
 2051  replacement air-conditioning systems, including, but not limited
 2052  to, equipment sizing analysis and duct inspection.
 2053         (j) Shading devices, sunscreening materials, and overhangs.
 2054         (k) Weatherstripping, caulking, and sealing of exterior
 2055  openings and penetrations.
 2056         (l) Energy-efficient centralized computer data centers in
 2057  office buildings.
 2058         Section 44. Subsections (3) and (4) of section 553.909,
 2059  Florida Statutes, are amended to read:
 2060         553.909 Setting requirements for appliances; exceptions.—
 2061         (3) Commercial or residential swimming pool pumps or water
 2062  heaters manufactured on or sold after July 1, 2011, shall comply
 2063  with the requirements of this subsection.
 2064         (a) Natural gas pool heaters shall not be equipped with
 2065  constantly burning pilots.
 2066         (b) Heat pump pool heaters shall have a coefficient of
 2067  performance at low temperature of not less than 4.0.
 2068         (c) The thermal efficiency of gas-fired pool heaters and
 2069  oil-fired pool heaters shall not be less than 78 percent.
 2070         (d) All pool heaters shall have a readily accessible on-off
 2071  switch that is mounted outside the heater and that allows
 2072  shutting off the heater without adjusting the thermostat
 2073  setting.
 2074         (4)(a) Residential swimming pool filtration pumps and pump
 2075  motors manufactured on or after July 1, 2011, must comply with
 2076  the requirements in this subsection.
 2077         (b) Residential filtration pool pump motors shall not be
 2078  split-phase, shaded-pole, or capacitor start-induction run
 2079  types.
 2080         (c) Residential filtration pool pumps and pool pump motors
 2081  with a total horsepower of 1 HP or more shall have the
 2082  capability of operating at two or more speeds with a low speed
 2083  having a rotation rate that is no more than one-half of the
 2084  motor’s maximum rotation rate.
 2085         (d) Residential filtration pool pump motor controls shall
 2086  have the capability of operating the pool pump at a minimum of
 2087  two speeds. The default circulation speed shall be the
 2088  residential filtration speed, with a higher speed override
 2089  capability being for a temporary period not to exceed one normal
 2090  cycle or 24 hours 120 minutes, whichever is less; except that
 2091  circulation speed for solar pool heating systems shall be
 2092  permitted to run at higher speeds during periods of usable solar
 2093  heat gain.
 2094         Section 45. Section 553.912, Florida Statutes, is amended
 2095  to read:
 2096         553.912 Air conditioners.—All air conditioners that which
 2097  are sold or installed in the state shall meet the minimum
 2098  efficiency ratings of the Florida Energy Efficiency Code for
 2099  Building Construction. These efficiency ratings shall be
 2100  minimums and may be updated in the Florida Energy Efficiency
 2101  Code for Building Construction by the department in accordance
 2102  with s. 553.901, following its determination that more cost
 2103  effective energy-saving equipment and techniques are available.
 2104  It is the intent of the Legislature that all replacement air
 2105  conditioning systems should be installed using energy-saving,
 2106  quality installation procedures, including, but not limited to,
 2107  equipment sizing analysis and duct inspection.
 2108         Section 46. Section 627.711, Florida Statutes, is amended
 2109  to read:
 2110         627.711 Notice of premium discounts for hurricane loss
 2111  mitigation; uniform mitigation verification inspection form.—
 2112         (1) Using a form prescribed by the Office of Insurance
 2113  Regulation, the insurer shall clearly notify the applicant or
 2114  policyholder of any personal lines residential property
 2115  insurance policy, at the time of the issuance of the policy and
 2116  at each renewal, of the availability and the range of each
 2117  premium discount, credit, other rate differential, or reduction
 2118  in deductibles, and combinations of discounts, credits, rate
 2119  differentials, or reductions in deductibles, for properties on
 2120  which fixtures or construction techniques demonstrated to reduce
 2121  the amount of loss in a windstorm can be or have been installed
 2122  or implemented. The prescribed form shall describe generally
 2123  what actions the policyholders may be able to take to reduce
 2124  their windstorm premium. The prescribed form and a list of such
 2125  ranges approved by the office for each insurer licensed in the
 2126  state and providing such discounts, credits, other rate
 2127  differentials, or reductions in deductibles for properties
 2128  described in this subsection shall be available for electronic
 2129  viewing and download from the Department of Financial Services’
 2130  or the Office of Insurance Regulation’s Internet website. The
 2131  Financial Services Commission may adopt rules to implement this
 2132  subsection.
 2133         (2) By July 1, 2007, The Financial Services Commission
 2134  shall develop by rule a uniform mitigation verification
 2135  inspection form that shall be used by all insurers when
 2136  submitted by policyholders for the purpose of factoring
 2137  discounts for wind insurance. In developing the form, the
 2138  commission shall seek input from insurance, construction, and
 2139  building code representatives. Further, the commission shall
 2140  provide guidance as to the length of time the inspection results
 2141  are valid. An insurer shall accept as valid a uniform mitigation
 2142  verification form certified by the Department of Financial
 2143  Services or signed by:
 2144         (a) A hurricane mitigation inspector certified by the My
 2145  Safe Florida Home program;
 2146         (a)(b) A building code inspector certified under s.
 2147  468.607;
 2148         (b)(c) A general, building, or residential contractor
 2149  licensed under s. 489.111;
 2150         (c)(d) A professional engineer licensed under s. 471.015
 2151  who has passed the appropriate equivalency test of the building
 2152  code training program as required by s. 553.841; or
 2153         (d)(e) A professional architect licensed under s. 481.213.;
 2154  or
 2155         (f)Any other individual or entity recognized by the
 2156  insurer as possessing the necessary qualifications to properly
 2157  complete a uniform mitigation verification form.
 2158  
 2159  An insurer may, but is not required to, accept a form from any
 2160  other person possessing qualifications and experience acceptable
 2161  to the insurer.
 2162         (3)A person who is authorized to sign a mitigation
 2163  verification form must inspect the structures referenced by the
 2164  form personally, not through employees or other persons, and
 2165  must certify or attest to personal inspection of the structures
 2166  referenced by the form.
 2167         (4) An individual or entity that signs a uniform mitigation
 2168  form may not commit misconduct in performing hurricane
 2169  mitigation inspections or in completing a uniform mitigation
 2170  form which causes financial harm to a customer or their insurer
 2171  or jeopardizes an insured’s health and safety. Misconduct occurs
 2172  when an authorized mitigation inspector signs a uniform
 2173  mitigation verification form that:
 2174         (a) Falsely indicates that he or she personally inspected
 2175  the structures referenced by the form;
 2176         (b) Falsely indicates the existence of a feature that
 2177  entitles an insured to a mitigation discount that the inspector
 2178  knows does not exist or did not personally inspect;
 2179         (c) Contains erroneous information due to the gross
 2180  negligence of the inspector; or
 2181         (d) Contains demonstrably false information regarding the
 2182  existence of mitigation features that could give an insured a
 2183  false evaluation of the ability of the structure to withstand
 2184  major damage from a hurricane endangering the safety of the
 2185  insured’s life and property.
 2186         (5) The licensing board of an authorized mitigation
 2187  inspector that violates subsection (4) may commence disciplinary
 2188  proceedings and impose administrative fines and other sanctions
 2189  authorized under the inspector’s licensing act.
 2190         (6) An insurer, person, or other entity that obtains
 2191  evidence of fraud or evidence that an inspector has made false
 2192  statements in the completion of a mitigation inspection form
 2193  shall file a report with the Division of Insurance Fraud, along
 2194  with all of the evidence in its possession which supports the
 2195  allegation of fraud or falsity. An insurer, person, or other
 2196  entity making the report is immune from liability, pursuant to
 2197  s. 626.989(4), for any statements made in the report, during the
 2198  investigation, or in connection with the report. The Division of
 2199  Insurance Fraud shall issue an investigative report if it finds
 2200  that probable cause exists to believe that the inspector made
 2201  intentionally false or fraudulent statements in the inspection
 2202  form. Upon conclusion of the investigation and a finding of
 2203  probable cause that a violation has occurred, the Division of
 2204  Insurance Fraud shall send a copy of the investigative report to
 2205  the office and a copy to the agency responsible for the
 2206  professional licensure of the inspector, whether or not a
 2207  prosecutor takes action based upon the report.
 2208         (7)(3) An individual or entity who knowingly provides or
 2209  utters a false or fraudulent mitigation verification form with
 2210  the intent to obtain or receive a discount on an insurance
 2211  premium to which the individual or entity is not entitled
 2212  commits a misdemeanor of the first degree, punishable as
 2213  provided in s. 775.082 or s. 775.083.
 2214         Section 47. Subsections (7) through (28) of section
 2215  633.021, Florida Statutes, are renumbered as subsections (8)
 2216  through (29), respectively, a new subsection (7) is added to
 2217  that section, and present subsection (20) of that section is
 2218  amended, to read:
 2219         633.021 Definitions.—As used in this chapter:
 2220         (7)(a) “Fire equipment dealer Class A” means a licensed
 2221  fire equipment dealer whose business is limited to servicing,
 2222  recharging, repairing, installing, or inspecting all types of
 2223  fire extinguishers and conducting hydrostatic tests on all types
 2224  of fire extinguishers.
 2225         (b) “Fire equipment dealer Class B” means a licensed fire
 2226  equipment dealer whose business is limited to servicing,
 2227  recharging, repairing, installing, or inspecting all types of
 2228  fire extinguishers, including recharging carbon dioxide units
 2229  and conducting hydrostatic tests on all types of fire
 2230  extinguishers, except carbon dioxide units.
 2231         (c) “Fire equipment dealer Class C” means a licensed fire
 2232  equipment dealer whose business is limited to servicing,
 2233  recharging, repairing, installing, or inspecting all types of
 2234  fire extinguishers, except recharging carbon dioxide units, and
 2235  conducting hydrostatic tests on all types of fire extinguishers,
 2236  except carbon dioxide units.
 2237         (d) “Fire equipment dealer Class D” means a licensed fire
 2238  equipment dealer whose business is limited to servicing,
 2239  recharging, repairing, installing, hydrotesting, or inspecting
 2240  of all types of preengineered fire extinguishing systems.
 2241         (21)(a)(20) A “preengineered system” is a fire suppression
 2242  system that which:
 2243         1.(a) Uses any of a variety of extinguishing agents.
 2244         2.(b) Is designed to protect specific hazards.
 2245         3.(c) Must be installed according to pretested limitations
 2246  and configurations specified by the manufacturer and applicable
 2247  National Fire Protection Association (NFPA) standards. Only
 2248  those chapters within the National Fire Protection Association
 2249  standards which pertain to servicing, recharging, repairing,
 2250  installing, hydrotesting, or inspecting any type of
 2251  preengineered fire extinguishing system may be used.
 2252         4.(d) Must be installed using components specified by the
 2253  manufacturer or components that are listed as equal parts by a
 2254  nationally recognized testing laboratory such as Underwriters
 2255  Laboratories, Inc., or Factory Mutual Laboratories, Inc.
 2256         5.(e) Must be listed by a nationally recognized testing
 2257  laboratory.
 2258         (b) Preengineered systems consist of and include all of the
 2259  components and parts providing fire suppression protection, but
 2260  do not include the equipment being protected, and may
 2261  incorporate special nozzles, flow rates, methods of application,
 2262  pressurization levels, and quantities of agents designed by the
 2263  manufacturer for specific hazards.
 2264         Section 48. Paragraph (b) of subsection (3) of section
 2265  633.0215, Florida Statutes, is amended, and subsections (13) and
 2266  (14) are added to that section, to read:
 2267         633.0215 Florida Fire Prevention Code.—
 2268         (3) No later than 180 days before the triennial adoption of
 2269  the Florida Fire Prevention Code, the State Fire Marshal shall
 2270  notify each municipal, county, and special district fire
 2271  department of the triennial code adoption and steps necessary
 2272  for local amendments to be included within the code. No later
 2273  than 120 days before the triennial adoption of the Florida Fire
 2274  Prevention Code, each local jurisdiction shall provide the State
 2275  Fire Marshal with copies of its local fire code amendments. The
 2276  State Fire Marshal has the option to process local fire code
 2277  amendments that are received less than 120 days before the
 2278  adoption date of the Florida Fire Prevention Code.
 2279         (b) Any local amendment to the Florida Fire Prevention Code
 2280  adopted by a local government shall be effective only until the
 2281  adoption of the new edition of the Florida Fire Prevention Code,
 2282  which shall be every third year. At such time, the State Fire
 2283  Marshal shall adopt such amendment as part of the Florida Fire
 2284  Prevention Code or rescind the amendment. The State Fire Marshal
 2285  shall immediately notify the respective local government of the
 2286  rescission of the amendment and the reason for the rescission.
 2287  After receiving such notice, the respective local government may
 2288  readopt the rescinded amendment. Incorporation of local
 2289  amendments as regional and local concerns and variations shall
 2290  be considered as adoption of an amendment pursuant to this
 2291  section part.
 2292         (13)(a) The State Fire Marshal shall issue an expedited
 2293  declaratory statement relating to interpretations of provisions
 2294  of the Florida Fire Prevention Code according to the following
 2295  guidelines:
 2296         1. The declaratory statement shall be rendered in
 2297  accordance with s. 120.565, except that a final decision must be
 2298  issued by the State Fire Marshal within 45 days after the
 2299  division’s receipt of a petition seeking an expedited
 2300  declaratory statement. The State Fire Marshal shall give notice
 2301  of the petition and the expedited declaratory statement or the
 2302  denial of the petition in the next available issue of the
 2303  Florida Administrative Weekly after the petition is filed and
 2304  after the statement or denial is rendered.
 2305         2. The petitioner must be the owner of the disputed project
 2306  or the owner’s representative.
 2307         3. The petition for an expedited declaratory statement must
 2308  be:
 2309         a. Related to an active project that is under construction
 2310  or must have been submitted for a permit.
 2311         b. The subject of a written notice citing a specific
 2312  provision of the Florida Fire Prevention Code which is in
 2313  dispute.
 2314         c. Limited to a single question that is capable of being
 2315  answered with a “yes” or “no” response.
 2316         (b) A petition for a declaratory statement which does not
 2317  meet all of the requirements of this subsection must be denied
 2318  without prejudice. This subsection does not affect the right of
 2319  the petitioner as a substantially affected person to seek a
 2320  declaratory statement under s. 633.01(6).
 2321         (14) A condominium that is one or two stories in height and
 2322  has an exterior corridor providing a means of egress is exempt
 2323  from installing a manual fire alarm system as required in s. 9.6
 2324  of the most recent edition of the Life Safety Code adopted in
 2325  the Florida Fire Prevention Code.
 2326         Section 49. Subsections (2) and (10) of section 633.0245,
 2327  Florida Statutes, are amended to read:
 2328         633.0245 State Fire Marshal Nursing Home Fire Protection
 2329  Loan Guarantee Program.—
 2330         (2) The State Fire Marshal may enter into limited loan
 2331  guarantee agreements with one or more financial institutions
 2332  qualified as public depositories in this state. Such agreements
 2333  shall provide a limited guarantee by the State of Florida
 2334  covering no more than 50 percent of the principal sum loaned by
 2335  such financial institution to an eligible nursing home, as
 2336  defined in subsection (10), for the sole purpose of the initial
 2337  installation at such nursing home of a fire protection system,
 2338  as defined in s. 633.021(10)(9), approved by the State Fire
 2339  Marshal as being in compliance with the provisions of s. 633.022
 2340  and rules adopted thereunder.
 2341         (10) For purposes of this section, “eligible nursing home”
 2342  means a nursing home facility that provides nursing services as
 2343  defined in chapter 464, is licensed under part II of chapter
 2344  400, and is certified by the Agency for Health Care
 2345  Administration to lack an installed fire protection system as
 2346  defined in s. 633.021(10)(9).
 2347         Section 50. Subsection (11) is added to section 633.025,
 2348  Florida Statutes, to read:
 2349         633.025 Minimum firesafety standards.—
 2350         (11)Notwithstanding the provisions of subsection (9), a
 2351  local government may not require a property owner to install
 2352  fire sprinklers in any residential property based on the use of
 2353  such property as a rental property or any change in or
 2354  reclassification of the property’s primary use to a rental
 2355  property.
 2356         Section 51. Section 633.026, Florida Statutes, is amended
 2357  to read:
 2358         633.026 Legislative intent; informal interpretations of the
 2359  Florida Fire Prevention Code.—It is the intent of the
 2360  Legislature that the Florida Fire Prevention Code be interpreted
 2361  by fire officials and local enforcement agencies in a manner
 2362  that reasonably and cost-effectively protects the public safety,
 2363  health, and welfare, ensures uniform interpretations throughout
 2364  this state, and provides just and expeditious processes for
 2365  resolving disputes regarding such interpretations. It is the
 2366  further intent of the Legislature that such processes provide
 2367  for the expeditious resolution of the issues presented and that
 2368  the resulting interpretation of such issues be published on the
 2369  website of the Division of State Fire Marshal.
 2370         (1) The Division of State Fire Marshal shall by rule
 2371  establish an informal process of rendering nonbinding
 2372  interpretations of the Florida Fire Prevention Code. The
 2373  Division of State Fire Marshal may contract with and refer
 2374  interpretive issues to a third party, selected based upon cost
 2375  effectiveness, quality of services to be performed, and other
 2376  performance-based criteria, which nonprofit organization that
 2377  has experience in interpreting and enforcing the Florida Fire
 2378  Prevention Code. The Division of State Fire Marshal shall
 2379  immediately implement the process prior to the completion of
 2380  formal rulemaking. It is the intent of the Legislature that the
 2381  Division of State Fire Marshal establish create a Fire Code
 2382  Interpretation Committee composed of seven persons and seven
 2383  alternates, equally representing each area of the state process
 2384  to refer questions to a small group of individuals certified
 2385  under s. 633.081(2), to which a party can pose questions
 2386  regarding the interpretation of the Florida Fire Prevention Code
 2387  provisions.
 2388         (2) Each member and alternate member of the Fire Code
 2389  Interpretation Committee must be certified as a firesafety
 2390  inspector pursuant to s. 633.081(2) and must have a minimum of 5
 2391  years of experience interpreting and enforcing the Florida Fire
 2392  Prevention Code and the Life Safety Code. Each member and
 2393  alternate member must be approved by the Division of State Fire
 2394  Marshal and deemed by the division to have met these
 2395  requirements for at least 30 days before participating in a
 2396  review of a nonbinding interpretation. It is the intent of the
 2397  Legislature that the process provide for the expeditious
 2398  resolution of the issues presented and publication of the
 2399  resulting interpretation on the website of the Division of State
 2400  Fire Marshal. It is the intent of the Legislature that this
 2401  program be similar to the program established by the Florida
 2402  Building Commission in s. 553.775(3)(g).
 2403         (3) Each nonbinding interpretation of code provisions must
 2404  be provided within 10 business days after receipt of a request
 2405  for interpretation. The response period established in this
 2406  subsection may be waived only with the written consent of the
 2407  party requesting the nonbinding interpretation and the Division
 2408  of State Fire Marshal. Nonbinding Such interpretations shall be
 2409  advisory only and nonbinding on the parties or the State Fire
 2410  Marshal.
 2411         (4) In order to administer this section, the Division of
 2412  State Fire Marshal shall charge department may adopt by rule and
 2413  impose a fee for nonbinding interpretations, with payment made
 2414  directly to the third party. The fee may not exceed $150 for
 2415  each request for a review or interpretation. The division may
 2416  authorize payment of fees directly to the nonprofit organization
 2417  under contract pursuant to subsection (1).
 2418         (5) A party requesting a nonbinding interpretation who
 2419  disagrees with the interpretation issued under this section may
 2420  apply for a formal interpretation from the State Fire Marshal
 2421  pursuant to s. 633.01(6).
 2422         (6) The Division of State Fire Marshal shall issue or cause
 2423  to be issued a nonbinding interpretation of the Florida Fire
 2424  Prevention Code pursuant to this section when requested to do so
 2425  upon submission of a petition by a fire official or by the owner
 2426  or owner’s representative or the contractor or contractor’s
 2427  representative of a project in dispute. The division shall adopt
 2428  a petition form by rule and the petition form must be published
 2429  on the State Fire Marshal’s website. The form shall, at a
 2430  minimum, require:
 2431         (a) The name and address of the local fire official,
 2432  including the address of the county, municipality, or special
 2433  district.
 2434         (b) The name and address of the owner or owner’s
 2435  representative or the contractor or contractor’s representative.
 2436         (c) A statement of the specific sections of the Florida
 2437  Fire Prevention Code being interpreted by the local fire
 2438  official.
 2439         (d) An explanation of how the petitioner’s substantial
 2440  interests are being affected by the local interpretation of the
 2441  Florida Fire Prevention Code.
 2442         (e) A statement of the interpretation of the specific
 2443  sections of the Florida Fire Prevention Code by the local fire
 2444  official.
 2445         (f) A statement of the interpretation that the petitioner
 2446  contends should be given to the specific sections of the Florida
 2447  Fire Prevention Code and a statement supporting the petitioner’s
 2448  interpretation.
 2449         (7) Upon receipt of a petition that meets the requirements
 2450  of subsection (6), the Division of State Fire Marshal shall
 2451  immediately provide copies of the petition to the Fire Code
 2452  Interpretation Committee, and shall publish the petition and any
 2453  response submitted by the local fire official on the State Fire
 2454  Marshal’s website.
 2455         (8) The committee shall conduct proceedings as necessary to
 2456  resolve the issues and give due regard to the petition, the
 2457  facts of the matter at issue, specific code sections cited, and
 2458  any statutory implications affecting the Florida Fire Prevention
 2459  Code. The committee shall issue an interpretation regarding the
 2460  provisions of the Florida Fire Prevention Code within 10 days
 2461  after the filing of a petition. The committee shall issue an
 2462  interpretation based upon the Florida Fire Prevention Code or,
 2463  if the code is ambiguous, the intent of the code. The
 2464  committee’s interpretation shall be provided to the petitioner
 2465  and shall include a notice that if the petitioner disagrees with
 2466  the interpretation, the petitioner may file a request for formal
 2467  interpretation by the State Fire Marshal under s. 633.01(6). The
 2468  committee’s interpretation shall be provided to the State Fire
 2469  Marshal, and the division shall publish the interpretation on
 2470  the State Fire Marshal’s website and in the Florida
 2471  Administrative Weekly.
 2472         Section 52. Present subsections (2) through (10) of section
 2473  633.061, Florida Statutes, are renumbered as subsections (3)
 2474  through (11), respectively, a new subsection (2) is added to
 2475  that section, and paragraphs (a) and (c) of present subsection
 2476  (3) of that section are amended, to read:
 2477         633.061 Fire suppression equipment; license to install or
 2478  maintain.—
 2479         (2) A person who holds a valid fire equipment dealer
 2480  license may maintain such license in an inactive status during
 2481  which time he or she may not engage in any work under the
 2482  definition of the license held. An inactive status license shall
 2483  be void after 2 years or at the time that the license is
 2484  renewed, whichever comes first. The biennial renewal fee for an
 2485  inactive status license shall be $75. An inactive status license
 2486  may not be reactivated unless the continuing education
 2487  requirements of this chapter have been fulfilled.
 2488         (4)(3)(a) Such licenses and permits shall be issued by the
 2489  State Fire Marshal for 2 years beginning January 1, 2000, and
 2490  each 2-year period thereafter and expiring December 31 of the
 2491  second year. All licenses or permits issued will expire on
 2492  December 31 of each odd-numbered year. The failure to renew a
 2493  license or permit by December 31 of the second year will cause
 2494  the license or permit to become inoperative. The holder of an
 2495  inoperative license or permit shall not engage in any activities
 2496  for which a license or permit is required by this section. A
 2497  license or permit which is inoperative because of the failure to
 2498  renew it shall be restored upon payment of the applicable fee
 2499  plus a penalty equal to the applicable fee, if the application
 2500  for renewal is filed no later than the following March 31. If
 2501  the application for restoration is not made before the March
 2502  31st deadline, the fee for restoration shall be equal to the
 2503  original application fee and the penalty provided for herein,
 2504  and, in addition, the State Fire Marshal shall require
 2505  reexamination of the applicant. The fee for a license or permit
 2506  issued for 1 year or less shall be prorated at 50 percent of the
 2507  applicable fee for a biennial license or permit. After initial
 2508  licensure, each licensee or permittee must shall successfully
 2509  complete a course or courses of continuing education for fire
 2510  equipment technicians of at least 16 32 hours. A license or
 2511  permit may not be renewed unless the licensee or permittee
 2512  produces documentation of the completion of at least 16 hours of
 2513  continuing education for fire equipment technicians during the
 2514  biennial licensure period within 4 years of initial issuance of
 2515  a license or permit and within each 4-year period thereafter or
 2516  no such license or permit shall be renewed. A person who is both
 2517  a licensee and a permittee shall be required to complete 16 32
 2518  hours of continuing education during each renewal per 4-year
 2519  period. Each licensee shall ensure that all permittees in his or
 2520  her employment meet their continuing education requirements. The
 2521  State Fire Marshal shall adopt rules describing the continuing
 2522  education requirements and shall have the authority upon
 2523  reasonable belief, to audit a fire equipment dealer to determine
 2524  compliance with continuing education requirements.
 2525         (c) A license of any class shall not be issued or renewed
 2526  by the State Fire Marshal and a license of any class shall not
 2527  remain operative unless:
 2528         1. The applicant has submitted to the State Fire Marshal
 2529  evidence of registration as a Florida corporation or evidence of
 2530  compliance with s. 865.09.
 2531         2. The State Fire Marshal or his or her designee has by
 2532  inspection determined that the applicant possesses the equipment
 2533  required for the class of license sought. The State Fire Marshal
 2534  shall give an applicant a reasonable opportunity to correct any
 2535  deficiencies discovered by inspection. A fee of $50, payable to
 2536  the State Fire Marshal, shall be required for any subsequent
 2537  reinspection.
 2538         3. The applicant has submitted to the State Fire Marshal
 2539  proof of insurance providing coverage for comprehensive general
 2540  liability for bodily injury and property damage, products
 2541  liability, completed operations, and contractual liability. The
 2542  State Fire Marshal shall adopt rules providing for the amounts
 2543  of such coverage, but such amounts shall not be less than
 2544  $300,000 for Class A or Class D licenses, $200,000 for Class B
 2545  licenses, and $100,000 for Class C licenses; and the total
 2546  coverage for any class of license held in conjunction with a
 2547  Class D license shall not be less than $300,000. The State Fire
 2548  Marshal may, at any time after the issuance of a license or its
 2549  renewal, require upon demand, and in no event more than 30 days
 2550  after notice of such demand, the licensee to provide proof of
 2551  insurance, on a form provided by the State Fire Marshal,
 2552  containing confirmation of insurance coverage as required by
 2553  this chapter. Failure, for any length of time, to provide proof
 2554  of insurance coverage as required shall result in the immediate
 2555  suspension of the license until proof of proper insurance is
 2556  provided to the State Fire Marshal. An insurer which provides
 2557  such coverage shall notify the State Fire Marshal of any change
 2558  in coverage or of any termination, cancellation, or nonrenewal
 2559  of any coverage.
 2560         4. The applicant applies to the State Fire Marshal,
 2561  provides proof of experience, and successfully completes a
 2562  prescribed training course offered by the State Fire College or
 2563  an equivalent course approved by the State Fire Marshal. This
 2564  subparagraph does not apply to any holder of or applicant for a
 2565  permit under paragraph (f) or to a business organization or a
 2566  governmental entity seeking initial licensure or renewal of an
 2567  existing license solely for the purpose of inspecting,
 2568  servicing, repairing, marking, recharging, and maintaining fire
 2569  extinguishers used and located on the premises of and owned by
 2570  such organization or entity.
 2571         5. The applicant has a current retestor identification
 2572  number that is appropriate for the license for which the
 2573  applicant is applying and that is listed with the United States
 2574  Department of Transportation.
 2575         6. The applicant has passed, with a grade of at least 70
 2576  percent, a written examination testing his or her knowledge of
 2577  the rules and statutes regulating the activities authorized by
 2578  the license and demonstrating his or her knowledge and ability
 2579  to perform those tasks in a competent, lawful, and safe manner.
 2580  Such examination shall be developed and administered by the
 2581  State Fire Marshal, or his or her designee in accordance with
 2582  policies and procedures of the State Fire Marshal. An applicant
 2583  shall pay a nonrefundable examination fee of $50 for each
 2584  examination or reexamination scheduled. No reexamination shall
 2585  be scheduled sooner than 30 days after any administration of an
 2586  examination to an applicant. No applicant shall be permitted to
 2587  take an examination for any level of license more than a total
 2588  of four times during 1 year, regardless of the number of
 2589  applications submitted. As a prerequisite to licensure of the
 2590  applicant:
 2591         a. Must be at least 18 years of age.
 2592         b. Must have 4 years of proven experience as a fire
 2593  equipment permittee at a level equal to or greater than the
 2594  level of license applied for or have a combination of education
 2595  and experience determined to be equivalent thereto by the State
 2596  Fire Marshal. Having held a permit at the appropriate level for
 2597  the required period constitutes the required experience.
 2598         c. Must not have been convicted of, or pled nolo contendere
 2599  to, any felony. If an applicant has been convicted of any such
 2600  felony, the applicant must comply with s. 112.011(1)(b).
 2601  
 2602  This subparagraph does not apply to any holder of or applicant
 2603  for a permit under paragraph (f) or to a business organization
 2604  or a governmental entity seeking initial licensure or renewal of
 2605  an existing license solely for the purpose of inspecting,
 2606  servicing, repairing, marking, recharging, hydrotesting, and
 2607  maintaining fire extinguishers used and located on the premises
 2608  of and owned by such organization or entity.
 2609         Section 53. Section 633.081, Florida Statutes, is amended
 2610  to read:
 2611         633.081 Inspection of buildings and equipment; orders;
 2612  firesafety inspection training requirements; certification;
 2613  disciplinary action.—The State Fire Marshal and her or his
 2614  agents shall, at any reasonable hour, when the State Fire
 2615  Marshal department has reasonable cause to believe that a
 2616  violation of this chapter or s. 509.215, or a rule promulgated
 2617  thereunder, or a minimum firesafety code adopted by a local
 2618  authority, may exist, inspect any and all buildings and
 2619  structures which are subject to the requirements of this chapter
 2620  or s. 509.215 and rules promulgated thereunder. The authority to
 2621  inspect shall extend to all equipment, vehicles, and chemicals
 2622  which are located within the premises of any such building or
 2623  structure.
 2624         (1) Each county, municipality, and special district that
 2625  has firesafety enforcement responsibilities shall employ or
 2626  contract with a firesafety inspector. Except as provided in s.
 2627  633.082(2), the firesafety inspector must conduct all firesafety
 2628  inspections that are required by law. The governing body of a
 2629  county, municipality, or special district that has firesafety
 2630  enforcement responsibilities may provide a schedule of fees to
 2631  pay only the costs of inspections conducted pursuant to this
 2632  subsection and related administrative expenses. Two or more
 2633  counties, municipalities, or special districts that have
 2634  firesafety enforcement responsibilities may jointly employ or
 2635  contract with a firesafety inspector.
 2636         (2) Except as provided in s. 633.082(2), every firesafety
 2637  inspection conducted pursuant to state or local firesafety
 2638  requirements shall be by a person certified as having met the
 2639  inspection training requirements set by the State Fire Marshal.
 2640  Such person shall:
 2641         (a) Be a high school graduate or the equivalent as
 2642  determined by the department;
 2643         (b) Not have been found guilty of, or having pleaded guilty
 2644  or nolo contendere to, a felony or a crime punishable by
 2645  imprisonment of 1 year or more under the law of the United
 2646  States, or of any state thereof, which involves moral turpitude,
 2647  without regard to whether a judgment of conviction has been
 2648  entered by the court having jurisdiction of such cases;
 2649         (c) Have her or his fingerprints on file with the
 2650  department or with an agency designated by the department;
 2651         (d) Have good moral character as determined by the
 2652  department;
 2653         (e) Be at least 18 years of age;
 2654         (f) Have satisfactorily completed the firesafety inspector
 2655  certification examination as prescribed by the department; and
 2656         (g)1. Have satisfactorily completed, as determined by the
 2657  department, a firesafety inspector training program of not less
 2658  than 200 hours established by the department and administered by
 2659  agencies and institutions approved by the department for the
 2660  purpose of providing basic certification training for firesafety
 2661  inspectors; or
 2662         2. Have received in another state training which is
 2663  determined by the department to be at least equivalent to that
 2664  required by the department for approved firesafety inspector
 2665  education and training programs in this state.
 2666         (3) Each special state firesafety inspection which is
 2667  required by law and is conducted by or on behalf of an agency of
 2668  the state must be performed by an individual who has met the
 2669  provision of subsection (2), except that the duration of the
 2670  training program shall not exceed 120 hours of specific training
 2671  for the type of property that such special state firesafety
 2672  inspectors are assigned to inspect.
 2673         (4) A firefighter certified pursuant to s. 633.35 may
 2674  conduct firesafety inspections, under the supervision of a
 2675  certified firesafety inspector, while on duty as a member of a
 2676  fire department company conducting inservice firesafety
 2677  inspections without being certified as a firesafety inspector,
 2678  if such firefighter has satisfactorily completed an inservice
 2679  fire department company inspector training program of at least
 2680  24 hours’ duration as provided by rule of the department.
 2681         (5) Every firesafety inspector or special state firesafety
 2682  inspector certificate is valid for a period of 3 years from the
 2683  date of issuance. Renewal of certification shall be subject to
 2684  the affected person’s completing proper application for renewal
 2685  and meeting all of the requirements for renewal as established
 2686  under this chapter or by rule promulgated thereunder, which
 2687  shall include completion of at least 40 hours during the
 2688  preceding 3-year period of continuing education as required by
 2689  the rule of the department or, in lieu thereof, successful
 2690  passage of an examination as established by the department.
 2691         (6) The State Fire Marshal may deny, refuse to renew,
 2692  suspend, or revoke the certificate of a firesafety inspector or
 2693  special state firesafety inspector if it finds that any of the
 2694  following grounds exist:
 2695         (a) Any cause for which issuance of a certificate could
 2696  have been refused had it then existed and been known to the
 2697  State Fire Marshal.
 2698         (b) Violation of this chapter or any rule or order of the
 2699  State Fire Marshal.
 2700         (c) Falsification of records relating to the certificate.
 2701         (d) Having been found guilty of or having pleaded guilty or
 2702  nolo contendere to a felony, whether or not a judgment of
 2703  conviction has been entered.
 2704         (e) Failure to meet any of the renewal requirements.
 2705         (f) Having been convicted of a crime in any jurisdiction
 2706  which directly relates to the practice of fire code inspection,
 2707  plan review, or administration.
 2708         (g) Making or filing a report or record that the
 2709  certificateholder knows to be false, or knowingly inducing
 2710  another to file a false report or record, or knowingly failing
 2711  to file a report or record required by state or local law, or
 2712  knowingly impeding or obstructing such filing, or knowingly
 2713  inducing another person to impede or obstruct such filing.
 2714         (h) Failing to properly enforce applicable fire codes or
 2715  permit requirements within this state which the
 2716  certificateholder knows are applicable by committing willful
 2717  misconduct, gross negligence, gross misconduct, repeated
 2718  negligence, or negligence resulting in a significant danger to
 2719  life or property.
 2720         (i) Accepting labor, services, or materials at no charge or
 2721  at a noncompetitive rate from any person who performs work that
 2722  is under the enforcement authority of the certificateholder and
 2723  who is not an immediate family member of the certificateholder.
 2724  For the purpose of this paragraph, the term “immediate family
 2725  member” means a spouse, child, parent, sibling, grandparent,
 2726  aunt, uncle, or first cousin of the person or the person’s
 2727  spouse or any person who resides in the primary residence of the
 2728  certificateholder.
 2729         (7) The Division of State Fire Marshal and the Florida
 2730  Building Code Administrators and Inspectors Board, established
 2731  pursuant to under s. 468.605, shall enter into a reciprocity
 2732  agreement to facilitate joint recognition of continuing
 2733  education recertification hours for certificateholders licensed
 2734  under s. 468.609 and firesafety inspectors certified under
 2735  subsection (2).
 2736         (8) The State Fire Marshal shall develop by rule an
 2737  advanced training and certification program for firesafety
 2738  inspectors having fire code management responsibilities. The
 2739  program must be consistent with the appropriate provisions of
 2740  NFPA 1037, or similar standards adopted by the division, and
 2741  establish minimum training, education, and experience levels for
 2742  firesafety inspectors having fire code management
 2743  responsibilities.
 2744         (9)(7) The department shall provide by rule for the
 2745  certification of firesafety inspectors.
 2746         Section 54. Subsections (2) and (3) of section 633.082,
 2747  Florida Statutes, are amended to read:
 2748         633.082 Inspection of fire control systems, fire hydrants,
 2749  and fire protection systems.—
 2750         (2) Fire hydrants and fire protection systems installed in
 2751  public and private properties, except one-family or two-family
 2752  dwellings, in this state shall be inspected following procedures
 2753  established in the nationally recognized inspection, testing,
 2754  and maintenance standards publications NFPA-24 and NFPA-25 as
 2755  set forth in the edition adopted by the State Fire Marshal.
 2756  Quarterly, annual, 3-year, and 5-year inspections consistent
 2757  with the contractual provisions with the owner shall be
 2758  conducted by the certificateholder or permittees employed by the
 2759  certificateholder pursuant to s. 633.521, except that:
 2760         (a) Public fire hydrants owned by a governmental entity
 2761  shall be inspected following procedures established in the
 2762  inspection, testing, and maintenance standards adopted by the
 2763  State Fire Marshal or equivalent standards such as those
 2764  contained in the latest edition of the American Water Works
 2765  Association’s Manual M17, “Installation, Field Testing, and
 2766  Maintenance of Fire Hydrants.”
 2767         (b) County, municipal, and special district utilities may
 2768  perform fire hydrant inspections required by this section using
 2769  designated employees. Such designated employees need not be
 2770  certified under this chapter. However, counties, municipalities,
 2771  or special districts that use designated employees are
 2772  responsible for ensuring that the designated employees are
 2773  qualified to perform such inspections.
 2774         (3) The inspecting contractor shall provide to the building
 2775  owner or hydrant owner and the local authority having
 2776  jurisdiction a copy of the applicable inspection report
 2777  established under this chapter. The maintenance of fire hydrant
 2778  and fire protection systems as well as corrective actions on
 2779  deficient systems is the responsibility of the owner of the
 2780  system or hydrant. Equipment requiring periodic testing or
 2781  operation to ensure its maintenance shall be tested or operated
 2782  as specified in the Fire Prevention Code, Life Safety Code,
 2783  National Fire Protection Association standards, or as directed
 2784  by the agency having jurisdiction, provided that such agency
 2785  shall not require a sprinkler system not required by the Fire
 2786  Prevention Code, Life Safety Code or National Fire Protection
 2787  Association Standards to be removed regardless of its condition.
 2788  This section does not prohibit governmental entities from
 2789  inspecting and enforcing firesafety codes.
 2790         Section 55. Section 633.352, Florida Statutes, is amended
 2791  to read:
 2792         633.352 Retention of firefighter certification.—Any
 2793  certified firefighter who has not been active as a firefighter,
 2794  or as a volunteer firefighter with an organized fire department,
 2795  for a period of 3 years shall be required to retake the
 2796  practical portion of the minimum standards state examination
 2797  specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
 2798  Administrative Code, in order to maintain her or his
 2799  certification as a firefighter; however, this requirement does
 2800  not apply to state-certified firefighters who are certified and
 2801  employed as full-time firesafety inspectors or firesafety
 2802  instructors, regardless of the firefighter’s employment status
 2803  as determined by the division. The 3-year period begins on the
 2804  date the certificate of compliance is issued or upon termination
 2805  of service with an organized fire department.
 2806         Section 56. Paragraph (e) of subsection (2) and subsections
 2807  (3), (10), and (11) of section 633.521, Florida Statutes, are
 2808  amended to read:
 2809         633.521 Certificate application and issuance; permit
 2810  issuance; examination and investigation of applicant.—
 2811         (2)
 2812         (e) An applicant may not be examined more than four times
 2813  during 1 year for certification as a contractor pursuant to this
 2814  section unless the person is or has been certified and is taking
 2815  the examination to change classifications. If an applicant does
 2816  not pass one or more parts of the examination, she or he may
 2817  take any part of the examination three more times during the 1
 2818  year period beginning upon the date she or he originally filed
 2819  an application to take the examination. If the applicant does
 2820  not pass the examination within that 1-year period, she or he
 2821  must file a new application and pay the application and
 2822  examination fees in order to take the examination or a part of
 2823  the examination again. However, the applicant may not file a new
 2824  application sooner than 6 months after the date of her or his
 2825  last examination. An applicant who passes the examination but
 2826  does not meet the remaining qualifications as provided in
 2827  applicable statutes and rules within 1 year after the
 2828  application date must file a new application, pay the
 2829  application and examination fee, successfully complete a
 2830  prescribed training course approved by the State Fire College or
 2831  an equivalent course approved by the State Fire Marshal, and
 2832  retake and pass the written examination.
 2833         (3)(a) As a prerequisite to taking the examination for
 2834  certification as a Contractor I, Contractor II, or Contractor
 2835  III, the applicant must be at least 18 years of age, be of good
 2836  moral character, and shall possess 4 years’ proven experience in
 2837  the employment of a fire protection system Contractor I,
 2838  Contractor II, or Contractor III or a combination of equivalent
 2839  education and experience in both water-based and chemical fire
 2840  suppression systems.
 2841         (b) As a prerequisite to taking the examination for
 2842  certification as a Contractor II, the applicant must be at least
 2843  18 years of age, be of good moral character, and have 4 years of
 2844  verifiable employment experience with a fire protection system
 2845  as a Contractor I or Contractor II, or a combination of
 2846  equivalent education and experience in water-based fire
 2847  suppression systems.
 2848         (c) Required education and experience for certification as
 2849  a Contractor I, Contractor II, Contractor III, or Contractor IV
 2850  includes training and experience in both installation and system
 2851  layout as defined in s. 633.021.
 2852         (d) As a prerequisite to taking the examination for
 2853  certification as a Contractor III, the applicant must be at
 2854  least 18 years of age, be of good moral character, and have 4
 2855  years of verifiable employment experience with a fire protection
 2856  system as a Contractor I or Contractor II, or a combination of
 2857  equivalent education and experience in chemical fire suppression
 2858  systems.
 2859         (e) As a prerequisite to taking the examination for
 2860  certification as a Contractor IV, the applicant must shall be at
 2861  least 18 years old, be of good moral character, be licensed as a
 2862  certified plumbing contractor under chapter 489, and
 2863  successfully complete a training program acceptable to the State
 2864  Fire Marshal of not less than 40 contact hours regarding the
 2865  applicable installation standard used by the Contractor IV as
 2866  described in NFPA 13D. The State Fire Marshal may adopt rules to
 2867  administer this subsection have at least 2 years’ proven
 2868  experience in the employment of a fire protection system
 2869  Contractor I, Contractor II, Contractor III, or Contractor IV or
 2870  combination of equivalent education and experience which
 2871  combination need not include experience in the employment of a
 2872  fire protection system contractor.
 2873         (f) As a prerequisite to taking the examination for
 2874  certification as a Contractor V, the applicant must shall be at
 2875  least 18 years old, be of good moral character, and have been
 2876  licensed as a certified underground utility and excavation
 2877  contractor or certified plumbing contractor pursuant to chapter
 2878  489, have verification by an individual who is licensed as a
 2879  certified utility contractor or certified plumbing contractor
 2880  pursuant to chapter 489 that the applicant has 4 years’ proven
 2881  experience in the employ of a certified underground utility and
 2882  excavation contractor or certified plumbing contractor, or have
 2883  a combination of education and experience equivalent to 4 years’
 2884  proven experience in the employ of a certified underground
 2885  utility and excavation contractor or certified plumbing
 2886  contractor.
 2887         (g) Within 30 days after the date of the examination, the
 2888  State Fire Marshal shall inform the applicant in writing whether
 2889  she or he has qualified or not and, if the applicant has
 2890  qualified, that she or he is ready to issue a certificate of
 2891  competency, subject to compliance with the requirements of
 2892  subsection (4).
 2893         (10) Effective July 1, 2008, The State Fire Marshal shall
 2894  require the National Institute of Certification in Engineering
 2895  Technologies (NICET), Sub-field of Inspection and Testing of
 2896  Fire Protection Systems Level II or equivalent training and
 2897  education as determined by the division as proof that the
 2898  permitholders are knowledgeable about nationally accepted
 2899  standards for the inspection of fire protection systems. It is
 2900  the intent of this act, from July 1, 2005, until July 1, 2008,
 2901  to accept continuing education of all certificateholders’
 2902  employees who perform inspection functions which specifically
 2903  prepares the permitholder to qualify for NICET II certification.
 2904         (11) It is intended that a certificateholder, or a
 2905  permitholder who is employed by a certificateholder, conduct
 2906  inspections required by this chapter. It is understood that
 2907  after July 1, 2008, employee turnover may result in a depletion
 2908  of personnel who are certified under the NICET Sub-field of
 2909  Inspection and Testing of Fire Protection Systems Level II or
 2910  equivalent training and education as required by the Division of
 2911  State Fire Marshal which is required for permitholders. The
 2912  extensive training and experience necessary to achieve NICET
 2913  Level II certification is recognized. A certificateholder may
 2914  therefore obtain a provisional permit with an endorsement for
 2915  inspection, testing, and maintenance of water-based fire
 2916  extinguishing systems for an employee if the employee has
 2917  initiated procedures for obtaining Level II certification from
 2918  the National Institute for Certification in Engineering
 2919  Technologies Sub-field of Inspection and Testing of Fire
 2920  Protection Systems and achieved Level I certification or an
 2921  equivalent level as determined by the State Fire Marshal through
 2922  verification of experience, training, and examination. The State
 2923  Fire Marshal may establish rules to administer this subsection.
 2924  After 2 years of provisional certification, the employee must
 2925  have achieved NICET Level II certification or obtain equivalent
 2926  training and education as determined by the division, or cease
 2927  performing inspections requiring Level II certification. The
 2928  provisional permit is valid only for the 2 calendar years after
 2929  the date of issuance, may not be extended, and is not renewable.
 2930  After the initial 2-year provisional permit expires, the
 2931  certificateholder must wait 2 additional years before a new
 2932  provisional permit may be issued. The intent is to prohibit the
 2933  certificateholder from using employees who never reach NICET
 2934  Level II status, or equivalent training and education as
 2935  determined by the division, by continuously obtaining
 2936  provisional permits.
 2937         Section 57. Subsection (3) is added to section 633.524,
 2938  Florida Statutes, to read:
 2939         633.524 Certificate and permit fees; use and deposit of
 2940  collected funds.—
 2941         (3) The State Fire Marshal may enter into a contract with
 2942  any qualified public entity or private company in accordance
 2943  with chapter 287 to provide examinations for any applicant for
 2944  any examination administered under the jurisdiction of the State
 2945  Fire Marshal. The State Fire Marshal may direct payments from
 2946  each applicant for each examination directly to such contracted
 2947  entity or company.
 2948         Section 58. Subsection (4) of section 633.537, Florida
 2949  Statutes, is amended to read:
 2950         633.537 Certificate; expiration; renewal; inactive
 2951  certificate; continuing education.—
 2952         (4) The renewal period for the permit class is the same as
 2953  that for the employing certificateholder. The continuing
 2954  education requirements for permitholders are what is required to
 2955  maintain NICET Sub-field of Inspection and Testing of Fire
 2956  Protection Systems Level II, equivalent training and education
 2957  as determined by the division, or higher certification plus 8
 2958  contact hours of continuing education approved by the State Fire
 2959  Marshal during each biennial renewal period thereafter. The
 2960  continuing education curriculum from July 1, 2005, until July 1,
 2961  2008, shall be the preparatory curriculum for NICET II
 2962  certification; after July 1, 2008, the technical curriculum is
 2963  at the discretion of the State Fire Marshal and may be used to
 2964  meet the maintenance of NICET Level II certification and 8
 2965  contact hours of continuing education requirements. It is the
 2966  responsibility of the permitholder to maintain NICET II
 2967  certification or equivalent training and education as determined
 2968  by the division as a condition of permit renewal after July 1,
 2969  2008.
 2970         Section 59. Subsection (4) of section 633.72, Florida
 2971  Statutes, is amended to read:
 2972         633.72 Florida Fire Code Advisory Council.—
 2973         (4) Each appointee shall serve a 4-year term. No member
 2974  shall serve more than two consecutive terms one term. No member
 2975  of the council shall be paid a salary as such member, but each
 2976  shall receive travel and expense reimbursement as provided in s.
 2977  112.061.
 2978         Section 60. Subsection (6) of section 718.113, Florida
 2979  Statutes, is repealed.
 2980         Section 61. The Florida Building Commission shall revise
 2981  the Florida Building Code in order to make it consistent with
 2982  the revisions made by this act to s. 399.02, Florida Statutes.
 2983         Section 62. (1)The Department of Management Services shall
 2984  consider the energy efficiency of all materials used in the
 2985  construction, alteration, repair, or rebuilding of a building or
 2986  facility owned or operated by a state agency. Whenever feasible,
 2987  the department shall lease a building or facility that has high
 2988  efficiency lighting.
 2989         (2)The Department of Management Services shall adopt rules
 2990  requiring a state agency to install high-efficiency lamps when
 2991  replacing an existing lamp or installing a new lamp in a
 2992  building owned by the state agency.
 2993         Section 63. Except as otherwise expressly provided in this
 2994  act, this act shall take effect July 1, 2010.

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