October 17, 2019
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       Florida Senate - 2010                       CS for CS for SB 648
       
       
       
       By the Committees on Military Affairs and Domestic Security; and
       Community Affairs; and Senator Bennett
       
       
       
       583-05280-10                                           2010648c2
    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. 553.512, F.S.; requiring the Florida Building
  120         Commission to establish by rule a fee for certain
  121         waiver requests; amending s. 553.721, F.S.; revising
  122         the amount of a surcharge on certain building permits;
  123         requiring the unit of government collecting the
  124         surcharge to electronically remit the funds to the
  125         Department of Community Affairs; requiring the unit of
  126         government collecting the surcharge to retain a
  127         portion of the funds to fund certain activities of
  128         building departments; requiring the remaining funds
  129         from the surcharge to be used to fund the Florida
  130         Building Commission and the Department of Community
  131         Affairs; amending s. 553.73, F.S.; conforming cross
  132         references; authorizing counties and municipalities to
  133         adopt by ordinance administrative or technical
  134         amendments to the Florida Building Code for certain
  135         flood-related purposes; specifying requirements and
  136         procedures; revising foundation code adoption
  137         requirements; authorizing the Florida Building
  138         Commission to approve amendments relating to
  139         equivalency of standards; exempting certain mausoleums
  140         from the requirements of the Florida Building Code;
  141         exempting certain temporary housing provided by the
  142         Department of Corrections from the requirements of the
  143         Florida Building Code; restricting the code, code
  144         enforcement agencies, and local governments from
  145         imposing requirements on certain mechanical equipment
  146         on roofs; requiring that the Florida Building Code
  147         contain certain requirements regarding illumination in
  148         classroom units; requiring that classroom units be
  149         designed to provide and maintain an average of 40
  150         foot-candles of light at each desktop; requiring that
  151         public educational facilities consider using light
  152         emitting diode lighting before considering other
  153         lighting sources; amending s. 553.74, F.S.; specifying
  154         absence of impermissible conflicts of interest for
  155         certain committee or workgroup members while
  156         representing clients under certain circumstances;
  157         specifying certain prohibited activities for such
  158         members; amending s. 553.76, F.S.; authorizing the
  159         Florida Building Commission to adopt rules related to
  160         consensus-based decisionmaking; amending s. 553.775,
  161         F.S.; conforming a cross-reference; authorizing the
  162         commission to charge a fee for filing certain requests
  163         and for nonbinding interpretations; limiting fees for
  164         nonbinding interpretations; amending s. 553.79, F.S.;
  165         requiring certain inspection services to be performed
  166         under the alternative process for plan review and
  167         inspection or by a local governmental entity;
  168         reenacting s. 553.80(1), F.S., relating to the
  169         enforcement of the Florida Building Code, to
  170         incorporate the amendments made to s. 553.79, F.S., in
  171         a reference thereto; amending s. 553.80, F.S.;
  172         specifying nonapplicability of certain exemptions from
  173         the Florida Building Code granted by certain
  174         enforcement entities under certain circumstances;
  175         revising requirements for review of facility plans and
  176         construction surveyed for certain hospitals and health
  177         care facilities; amending s. 553.841, F.S.; deleting
  178         provisions requiring that the Department of Community
  179         Affairs maintain, update, develop, or cause to be
  180         developed a core curriculum for persons who enforce
  181         the Florida Building Code; amending s. 553.842, F.S.;
  182         authorizing rules requiring the payment of product
  183         evaluation fees directly to the administrator of the
  184         product evaluation and approval system; specifying the
  185         use of such fees; authorizing the Florida Building
  186         Commission to provide by rule for editorial revisions
  187         to certain approvals and charge certain fees;
  188         providing requirements for the approval of
  189         applications for state approval of a product;
  190         providing for certain approved products to be
  191         immediately added to the list of state-approved
  192         products; requiring that the commission’s oversight
  193         committee review approved products; revising the list
  194         of approved evaluation entities; deleting obsolete
  195         provisions governing evaluation entities; amending s.
  196         553.844, F.S.; providing an exemption from the
  197         requirements regarding protections for certain exposed
  198         mechanical equipment or appliances; providing for
  199         future expiration; amending s. 553.885, F.S.; revising
  200         requirements for carbon monoxide alarms; providing an
  201         exception for buildings undergoing alterations or
  202         repairs; defining the term “addition” as it relates to
  203         the requirement of a carbon monoxide alarm; amending
  204         s. 553.9061, F.S.; revising the energy-efficiency
  205         performance options and elements identified by the
  206         commission for purposes of meeting certain goals;
  207         amending s. 553.909, F.S.; revising a compliance
  208         criterion for certain swimming pool pumps or water
  209         heaters; revising requirements for residential
  210         swimming pool pumps and pump motors; amending s.
  211         553.912, F.S.; providing requirements for replacement
  212         air-conditioning systems; amending s. 627.711, F.S.;
  213         revising provisions relating to a uniform mitigation
  214         verification inspection form for factoring discounts
  215         for wind insurance; providing that such form is valid
  216         if signed by a home inspector who has completed a
  217         specified number of hours of mitigation training;
  218         amending s. 633.021, F.S.; providing additional
  219         definitions for fire equipment dealers; revising the
  220         definition of the term “preengineered systems”;
  221         amending s. 633.0215, F.S.; providing guidelines for
  222         the State Fire Marshal to apply when issuing an
  223         expedited declaratory statement; requiring that the
  224         State Fire Marshal issue an expedited declaratory
  225         statement under certain circumstances; providing
  226         requirements for a petition requesting an expedited
  227         declaratory statement; exempting certain condominiums
  228         from installing manual fire alarm systems; amending s.
  229         633.0245, F.S.; conforming cross-references; amending
  230         s. 633.025, F.S.; providing that property owners are
  231         not required to install fire sprinklers in residential
  232         properties based on the use of that property as a
  233         rental property or any change in or reclassification
  234         of the property’s primary use to a rental property;
  235         amending s. 633.026, F.S.; providing legislative
  236         intent; revising the authority of the State Fire
  237         Marshal to contract with and refer interpretive issues
  238         to certain entities; providing for the establishment
  239         of the Fire Code Interpretation Committee; providing
  240         for the membership of the committee and requirements
  241         for membership; requiring that nonbinding
  242         interpretations of the Florida Fire Prevention Code be
  243         issued within a specified period after a request is
  244         received; providing for the waiver of such requirement
  245         under certain conditions; requiring that the Division
  246         of State Fire Marshal charge a fee for nonbinding
  247         interpretations; providing that fees may be paid
  248         directly to a contract provider; providing
  249         requirements for requesting a nonbinding
  250         interpretation; requiring that the Division of State
  251         Fire Marshal develop a form for submitting a petition
  252         for a nonbinding interpretation; providing for a
  253         formal interpretation by the State Fire Marshal;
  254         requiring that an interpretation of the Florida Fire
  255         Prevention Code be published on the division’s website
  256         and in the Florida Administrative Weekly; amending s.
  257         626.061, F.S.; authorizing certain fire equipment
  258         dealer licensees to maintain inactive license status
  259         under certain circumstances; providing requirements;
  260         providing for a renewal fee; revising certain
  261         continuing education requirements; revising an
  262         applicant licensure qualification requirement;
  263         amending s. 633.081, F.S.; requiring that the State
  264         Fire Marshal inspect a building when the State Fire
  265         Marshal, rather than the Department of Financial
  266         Services, has cause to believe a violation has
  267         occurred; providing exceptions for requirements that
  268         certain firesafety inspections be conducted by
  269         firesafety inspectors; requiring that the Division of
  270         State Fire Marshal and the Florida Building Code
  271         Administrators and Inspectors Board enter into a
  272         reciprocity agreement for purposes of recertifying
  273         building code inspectors, plan inspectors, building
  274         code administrators, and firesafety inspectors;
  275         requiring that the State Fire Marshal develop by rule
  276         an advanced training and certification program for
  277         firesafety inspectors who have fire code management
  278         responsibilities; requiring that the program be
  279         consistent with certain standards and establish
  280         minimum training, education, and experience levels for
  281         such firesafety inspectors; amending s. 633.082, F.S.;
  282         authorizing alternative inspection procedures for
  283         certain fire hydrants; requiring periodic testing or
  284         operation of certain equipment; prohibiting an agency
  285         having jurisdiction from requiring the removal of a
  286         nonmandatory sprinkler system; amending s. 633.352,
  287         F.S.; providing an exception to requirements for
  288         recertification as a firefighter; amending s. 633.521,
  289         F.S.; revising requirements for certification as a
  290         fire protection system contractor; revising the
  291         prerequisites for taking the certification
  292         examination; authorizing the State Fire Marshal to
  293         accept more than one source of professional
  294         certification; revising legislative intent; amending
  295         s. 633.524, F.S.; authorizing the State Fire Marshal
  296         to enter into contracts for examination services;
  297         providing for the direct payment of examination fees
  298         to contract providers; amending s. 633.537, F.S.;
  299         revising the continuing education requirements for
  300         certain permitholders; amending s. 633.72, F.S.;
  301         revising the terms of service for members of the Fire
  302         Code Advisory Council; repealing s. 718.113(6), F.S.,
  303         relating to requirements for 5-year inspections of
  304         certain condominium improvements; directing the
  305         Florida Building Commission to conform provisions of
  306         the Florida Building Code with revisions made by the
  307         act relating to the operation of elevators; requiring
  308         the Department of Management Services to consider the
  309         energy efficiency of buildings owned or operated by a
  310         state agency; requiring the Department of Management
  311         Services to lease buildings and facilities having
  312         high-efficiency lighting and consider energy
  313         efficiency when leasing buildings when feasible;
  314         requiring the Department of Management Services to
  315         adopt rules requiring state agencies to install high
  316         efficiency lamps when replacing an existing lamp or
  317         installing a new lamp in a building owned by a state
  318         agency; providing effective dates.
  319  
  320  Be It Enacted by the Legislature of the State of Florida:
  321  
  322         Section 1. Subsection (6) of section 196.031, Florida
  323  Statutes, is amended to read:
  324         196.031 Exemption of homesteads.—
  325         (6) When homestead property is damaged or destroyed by
  326  misfortune or calamity and the property is uninhabitable on
  327  January 1 after the damage or destruction occurs, the homestead
  328  exemption may be granted if the property is otherwise qualified
  329  and if the property owner notifies the property appraiser that
  330  he or she intends to repair or rebuild the property and live in
  331  the property as his or her primary residence after the property
  332  is repaired or rebuilt and does not claim a homestead exemption
  333  on any other property or otherwise violate this section. Failure
  334  by the property owner to commence the repair or rebuilding of
  335  the homestead property within 3 years after January 1 following
  336  the property’s damage or destruction constitutes abandonment of
  337  the property as a homestead. After the 3-year period, the
  338  expiration, lapse, nonrenewal, or revocation of a building
  339  permit issued to the property owner for such repairs or
  340  rebuilding also constitutes abandonment of the property as
  341  homestead.
  342         Section 2. Subsection (6) of section 399.02, Florida
  343  Statutes, is amended, and subsections (8) and (9) are added to
  344  that section, to read:
  345         399.02 General requirements.—
  346         (6)(a) The department is empowered to carry out all of the
  347  provisions of this chapter relating to the inspection and
  348  regulation of elevators and to enforce the provisions of the
  349  Florida Building Code.
  350         (b) In order to perform its duties and responsibilities
  351  under this section, the division may enter and have reasonable
  352  access to all buildings and rooms or spaces in which an existing
  353  or newly installed conveyance and equipment are located.
  354         (8) The division may grant variances for undue hardship
  355  pursuant to s. 120.542 and the rules adopted under this section.
  356  Such rules must include a process for requests for variances.
  357  The division may not grant a request for a variance unless it
  358  finds that the variance will not adversely affect the safety of
  359  the public.
  360         (9) Updates to the Safety Code for Existing Elevators and
  361  Escalators, ASME A17.1 and A17.3, which require Phase II
  362  Firefighters’ Service on elevators may not be enforced until
  363  July 1, 2015, or until the elevator is replaced or requires
  364  major modification, whichever occurs first, on elevators in
  365  condominiums or multifamily residential buildings, including
  366  those that are part of a continuing care facility licensed under
  367  chapter 651, or similar retirement community with apartments,
  368  having a certificate of occupancy by the local building
  369  authority which was issued before July 1, 2008. This exception
  370  does not prevent an elevator owner from requesting a variance
  371  from the applicable codes before or after July 1, 2015. This
  372  subsection does not prohibit the division from granting
  373  variances pursuant to s. 120.542 and subsection (8). The
  374  division shall adopt rules to administer this subsection.
  375         Section 3. Present subsection (7) of section 399.15,
  376  Florida Statutes, is renumbered as subsection (8), and a new
  377  subsection (7) is added to that section to read:
  378         399.15 Regional emergency elevator access.—
  379         (7) As an alternative to complying with the requirements of
  380  subsection (1), each building in this state which is required to
  381  meet the provisions of subsections (1) and (2) may instead
  382  provide for the installation of a uniform lock box that contains
  383  the keys to all elevators in the building allowing public
  384  access, including service and freight elevators. The uniform
  385  lock box must be keyed to allow all uniform lock boxes in each
  386  of the seven state emergency response regions to operate in fire
  387  emergency situations using one master key. The master key for
  388  the uniform lock shall be issued only to the fire department.
  389  The Division of State Fire Marshal of the Department of
  390  Financial Services shall enforce this subsection. The Department
  391  of Financial Services shall select the provider of the uniform
  392  lock box to be installed in each building in which the
  393  requirements of this subsection are implemented.
  394         Section 4. Section 455.2122, Florida Statutes, is created
  395  to read:
  396         455.2122 Education.—A board, or the department where there
  397  is no board, shall approve distance learning courses as an
  398  alternative to classroom courses to satisfy prelicensure or
  399  postlicensure education requirements provided for in part VIII
  400  of chapter 468 or part I of chapter 475. A board, or the
  401  department when there is no board, may not require centralized
  402  examinations for completion of prelicensure or postlicensure
  403  education requirements for those professions licensed under part
  404  VIII of chapter 468 or part I of chapter 475.
  405         Section 5. Section 455.2123, Florida Statutes, is amended
  406  to read:
  407         455.2123 Continuing education.—A board, or the department
  408  when there is no board, may provide by rule that distance
  409  learning may be used to satisfy continuing education
  410  requirements. A board, or the department when there is no board,
  411  shall approve distance learning courses as an alternative to
  412  classroom courses to satisfy continuing education requirements
  413  provided for in part VIII, part XV, or part XVI of chapter 468
  414  or part I or part II of chapter 475 and may not require
  415  centralized examinations for completion of continuing education
  416  requirements for the professions licensed under part VIII, part
  417  XV, or part XVI of chapter 468 or part I or part II of chapter
  418  475.
  419         Section 6. Effective October 1, 2010, section 468.631,
  420  Florida Statutes, is amended to read:
  421         468.631 Building Code Administrators and Inspectors Fund.—
  422         (1) This part shall be funded through a surcharge, to be
  423  assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
  424  1.5 percent of all permit fees associated with enforcement of
  425  the Florida Building Code as defined by the uniform account
  426  criteria and specifically the uniform account code for building
  427  permits adopted for local government financial reporting
  428  pursuant to s. 218.32 one-half cent per square foot of under
  429  roof floor space permitted, including new construction,
  430  renovations, alterations, and additions. The minimum amount
  431  collected on any permit issued shall be $2. The unit of
  432  government responsible for collecting permit fees pursuant to s.
  433  125.56(4) or s. 166.201 shall collect such surcharge and shall
  434  remit the funds to the department on a quarterly calendar basis
  435  beginning not later than December 31, 2010 1993, for the
  436  preceding quarter, and continuing each third month thereafter;
  437  and such unit of government shall may retain an amount up to 10
  438  percent of the surcharge collected to fund the participation of
  439  building departments in the national and state building code
  440  promulgation processes and to provide education related to
  441  enforcement of the Florida Building Code projects and activities
  442  intended to improve the quality of building code enforcement.
  443  There is created within the Professional Regulation Trust Fund a
  444  separate account to be known as the Building Code Administrators
  445  and Inspectors Fund, which shall deposit and disburse funds as
  446  necessary for the implementation of this part. The proceeds from
  447  this surcharge shall be allocated equally to fund the Florida
  448  Homeowners’ Construction Recovery Fund established by s. 489.140
  449  and the functions of the Building Code Administrators and
  450  Inspectors Board. The department shall annually establish the
  451  amount needed to fund the certification and regulation of
  452  building code administrators, plans examiners, and building code
  453  inspectors. Any funds collected in excess of the amount needed
  454  to adequately fund the certification and regulation of building
  455  code administrators, plans examiners, and building code
  456  inspectors shall be deposited into the Florida Homeowners’
  457  Construction Recovery Fund established by s. 489.140. If the
  458  Florida Homeowners’ Construction Recovery Fund is fully funded
  459  as provided by s. 489.140, any remaining funds shall be
  460  distributed to the Construction Industry Licensing Board for use
  461  in the regulation of certified and registered contractors.
  462         (2) The unit of government responsible for collecting
  463  permit fees under this section shall report to the department
  464  quarterly the number of permits issued for under-roof floor
  465  space during the quarter, the total square footage for the
  466  number of permits issued for under-roof floor space during the
  467  quarter, and the calculation of the amount of funds being
  468  remitted to the department. The report shall be attested to by
  469  the officer in charge of collecting permit fees.
  470         Section 7. Section 468.83, Florida Statutes, is amended to
  471  read:
  472         468.83 Home inspection services licensing program;
  473  purpose.—
  474         (1) There is created within the department the home
  475  inspection services licensing program.
  476         (2) The Legislature recognizes that there is a need to
  477  require the licensing of home inspectors and to ensure that
  478  consumers of home inspection services can rely on the competence
  479  of home inspectors, as determined by educational and experience
  480  requirements and testing. Therefore, the Legislature deems it
  481  necessary in the interest of the public welfare to regulate home
  482  inspectors in this state.
  483         Section 8. Subsection (4) of section 468.8311, Florida
  484  Statutes, is amended to read:
  485         468.8311 Definitions.—As used in this part, the term:
  486         (4) “Home inspection services” means a limited visual
  487  examination of one or more of the following readily accessible
  488  installed systems and components of a home: the structure,
  489  electrical system, HVAC system, roof covering, plumbing system,
  490  interior components, exterior components, and site conditions
  491  that affect the structure, for the purposes of providing a
  492  written professional opinion of the condition of the home.
  493         Section 9. Subsections (4) through (8) of section 468.8312,
  494  Florida Statutes, are amended to read:
  495         468.8312 Fees.—
  496         (4) The fee for a certificate of authorization shall not
  497  exceed $125.
  498         (4)(5) The biennial renewal fee shall not exceed $200.
  499         (5)(6) The fee for licensure by endorsement shall not
  500  exceed $200.
  501         (6)(7) The fee for application for inactive status or for
  502  reactivation of an inactive license shall not exceed $200.
  503         (7)(8) The fee for applications from providers of
  504  continuing education may not exceed $500.
  505         Section 10. Subsections (1) and (2) of section 468.8313,
  506  Florida Statutes, are amended, present subsection (6) of that
  507  section is renumbered as subsection (7) and amended, and a new
  508  subsection (6) is added to that section, to read:
  509         468.8313 Examinations.—
  510         (1) A person desiring to be licensed as a home inspector
  511  must shall apply to the department after he or she satisfies the
  512  examination requirements of this part to take a licensure
  513  examination.
  514         (2) An applicant may shall be entitled to take the
  515  licensure examination for the purpose of determining whether he
  516  or she is qualified to practice in this state as a home
  517  inspector if he or she passes the required examination, the
  518  applicant is of good moral character, and completes has
  519  completed a course of study of at least no less than 120 hours
  520  that covers all of the following components of a home:
  521  structure, electrical system, HVAC system, roof covering,
  522  plumbing system, interior components, exterior components, and
  523  site conditions that affect the structure.
  524         (6) An applicant for a license shall submit, together with
  525  the application, a complete set of electronic fingerprints to
  526  the department. The department shall submit the fingerprints to
  527  the Department of Law Enforcement for state processing, and the
  528  Department of Law Enforcement shall forward them to the Federal
  529  Bureau of Investigation for national processing, to determine
  530  whether the applicant has a criminal history record. The
  531  department shall review the background results to determine if
  532  an applicant meets licensure requirements. The applicant is
  533  responsible for the cost associated with processing the
  534  fingerprints. The authorized agencies or vendors shall collect
  535  such fees and pay the processing costs due to the Department of
  536  Law Enforcement.
  537         (7)(6) The department may adopt rules pursuant to ss.
  538  120.536(1) and 120.54 to implement the provisions of this
  539  section.
  540         Section 11. Section 468.8318, Florida Statutes, is amended
  541  to read:
  542         468.8318 Certification of corporations and partnerships.—
  543         (1) The department shall issue a certificate of
  544  authorization to a corporation or partnership offering home
  545  inspection services to the public if the corporation or
  546  partnership satisfies all of the requirements of this part.
  547         (2) The practice of or the offer to practice home
  548  inspection services by licensees through a corporation or
  549  partnership offering home inspection services to the public, or
  550  by a corporation or partnership offering such services to the
  551  public through licensees under this part as agents, employees,
  552  officers, or partners, is permitted subject to the provisions of
  553  this part, provided that all personnel of the corporation or
  554  partnership who act in its behalf as home inspectors in this
  555  state are licensed as provided by this part; and further
  556  provided that the corporation or partnership has been issued a
  557  certificate of authorization by the department as provided in
  558  this section. Nothing in this section shall be construed to
  559  allow a corporation to hold a license to practice home
  560  inspection services. No corporation or partnership shall be
  561  relieved of responsibility for the conduct or acts of its
  562  agents, employees, or officers by reason of its compliance with
  563  this section, nor shall any individual practicing home
  564  inspection services be relieved of responsibility for
  565  professional services performed by reason of his or her
  566  employment or relationship with a corporation or partnership.
  567         (3) For the purposes of this section, a certificate of
  568  authorization shall be required for a corporation, partnership,
  569  association, or person practicing under a fictitious name and
  570  offering home inspection services to the public; however, when
  571  an individual is practicing home inspection services in his or
  572  her own given name, he or she shall not be required to register
  573  under this section.
  574         (4) Each certificate of authorization shall be renewed
  575  every 2 years. Each partnership and corporation certified under
  576  this section shall notify the department within 1 month of any
  577  change in the information contained in the application upon
  578  which the certification is based.
  579         (5) Disciplinary action against a corporation or
  580  partnership shall be administered in the same manner and on the
  581  same grounds as disciplinary action against a licensed home
  582  inspector.
  583         Section 12. Section 468.8319, Florida Statutes, is amended
  584  to read:
  585         468.8319 Prohibitions; penalties.—
  586         (1) A person home inspector, a company that employs a home
  587  inspector, or a company that is controlled by a company that
  588  also has a financial interest in a company employing a home
  589  inspector may not:
  590         (a) Effective July 1, 2011, practice or offer to practice
  591  home inspection services unless the person has complied with the
  592  provisions of this part;
  593         (b) Effective July 1, 2011, use the name or title
  594  “certified home inspector,” “registered home inspector,”
  595  “licensed home inspector,” “home inspector,” “professional home
  596  inspector,” or any combination thereof unless the person has
  597  complied with the provisions of this part;
  598         (c) Present as his or her own the license of another;
  599         (d) Knowingly give false or forged evidence to the
  600  department or an employee thereof;
  601         (e) Use or attempt to use a license that has been suspended
  602  or revoked;
  603         (f) Perform or offer to perform, prior to closing, for any
  604  additional fee, any repairs to a home on which the inspector or
  605  the inspector’s company has prepared a home inspection report.
  606  This paragraph does not apply to a home warranty company that is
  607  affiliated with or retains a home inspector to perform repairs
  608  pursuant to a claim made under a home warranty contract;
  609         (g) Inspect for a fee any property in which the inspector
  610  or the inspector’s company has any financial or transfer
  611  interest;
  612         (h) Offer or deliver any compensation, inducement, or
  613  reward to any broker or agent therefor for the referral of the
  614  owner of the inspected property to the inspector or the
  615  inspection company; or
  616         (i) Accept an engagement to make an omission or prepare a
  617  report in which the inspection itself, or the fee payable for
  618  the inspection, is contingent upon either the conclusions in the
  619  report, preestablished findings, or the close of escrow.
  620         (2) Any person who is found to be in violation of any
  621  provision of this section commits a misdemeanor of the first
  622  degree, punishable as provided in s. 775.082 or s. 775.083.
  623         (3) This section does not apply to unlicensed activity as
  624  described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
  625  which occurs before July 1, 2011.
  626         Section 13. Subsection (1) of section 468.832, Florida
  627  Statutes, is amended to read:
  628         468.832 Disciplinary proceedings.—
  629         (1) The following acts constitute grounds for which the
  630  disciplinary actions in subsection (2) may be taken:
  631         (a) Violation of any provision of this part or s.
  632  455.227(1).;
  633         (b) Attempting to procure a license to practice home
  634  inspection services by bribery or fraudulent misrepresentation.;
  635         (c) Having a license to practice home inspection services
  636  revoked, suspended, or otherwise acted against, including the
  637  denial of licensure, by the licensing authority of another
  638  state, territory, or country.;
  639         (d) Being convicted or found guilty of, or entering a plea
  640  of nolo contendere to, regardless of adjudication, a crime in
  641  any jurisdiction that directly relates to the practice of home
  642  inspection services or the ability to practice home inspection
  643  services.;
  644         (e) Making or filing a report or record that the licensee
  645  knows to be false, willfully failing to file a report or record
  646  required by state or federal law, willfully impeding or
  647  obstructing such filing, or inducing another person to impede or
  648  obstruct such filing. Such reports or records shall include only
  649  those that are signed in the capacity of a licensed home
  650  inspector.;
  651         (f) Advertising goods or services in a manner that is
  652  fraudulent, false, deceptive, or misleading in form or content.;
  653         (g) Engaging in fraud or deceit, or negligence,
  654  incompetency, or misconduct, in the practice of home inspection
  655  services.;
  656         (h) Failing to perform any statutory or legal obligation
  657  placed upon a licensed home inspector; violating any provision
  658  of this chapter, a rule of the department, or a lawful order of
  659  the department previously entered in a disciplinary hearing; or
  660  failing to comply with a lawfully issued subpoena of the
  661  department.; or
  662         (i) Practicing on a revoked, suspended, inactive, or
  663  delinquent license.
  664         (j) Failing to meet any standard of practice adopted by
  665  rule of the department.
  666         Section 14. Section 468.8324, Florida Statutes, is amended
  667  to read:
  668         468.8324 Grandfather clause.—
  669         (1) A person who performs home inspection services as
  670  defined in this part may qualify for licensure to be licensed by
  671  the department as a home inspector if the person submits an
  672  application to the department postmarked on or before March 1,
  673  2011, which shows that the applicant: meets the licensure
  674  requirements of this part by July 1, 2010.
  675         (a) Is certified as a home inspector by a state or national
  676  association that requires, for such certification, successful
  677  completion of a proctored examination on home inspection
  678  services and completes at least 14 hours of verifiable education
  679  on such services; or
  680         (b) Has at least 3 years of experience as a home inspector
  681  at the time of application and has completed 14 hours of
  682  verifiable education on home inspection services. To establish
  683  the 3 years of experience, an applicant must submit at least 120
  684  home inspection reports prepared by the applicant.
  685         (2) The department may investigate the validity of a home
  686  inspection report submitted under paragraph (1)(b) and, if the
  687  applicant submits a false report, may take disciplinary action
  688  against the applicant under s. 468.832(1)(e) or (g).
  689         (3) An applicant may not qualify for licensure under this
  690  section if he or she has had a home inspector license or a
  691  license in any related field revoked at any time or suspended
  692  within the previous 5 years or has been assessed a fine that
  693  exceeds $500 within the previous 5 years. For purposes of this
  694  subsection, a license in a related field includes, but is not
  695  limited to, licensure in real estate, construction, mold-related
  696  services, or building code administration or inspection.
  697         (4) An applicant for licensure under this section must
  698  comply with the criminal history, good moral character, and
  699  insurance requirements of this part.
  700         Section 15. Section 468.8325, Florida Statutes, is created
  701  to read:
  702         468.8325 Rulemaking authority.—The department shall adopt
  703  rules to administer this part.
  704         Section 16. Section 468.84, Florida Statutes, is amended to
  705  read:
  706         468.84 Mold-related services licensing program; legislative
  707  purpose.—
  708         (1) There is created within the department the mold-related
  709  services licensing program.
  710         (2) The Legislature finds it necessary in the interest of
  711  the public safety and welfare, to prevent damage to real and
  712  personal property, to avert economic injury to the residents of
  713  this state, and to regulate persons and companies that hold
  714  themselves out to the public as qualified to perform mold
  715  related services.
  716         Section 17. Subsections (6) through (10) of section
  717  468.8412, Florida Statutes, are amended to read:
  718         468.8412 Fees.—
  719         (6) The fee for a biennial certificate of authorization
  720  renewal shall not exceed $400.
  721         (6)(7) The fee for licensure by endorsement shall not
  722  exceed $200.
  723         (7)(8) The fee for application for inactive status shall
  724  not exceed $100.
  725         (8)(9) The fee for reactivation of an inactive license
  726  shall not exceed $200.
  727         (9)(10) The fee for applications from providers of
  728  continuing education may not exceed $500.
  729         Section 18. Subsections (1) and (2) of section 468.8413,
  730  Florida Statutes, are amended, and subsection (6) is added to
  731  that section, to read:
  732         468.8413 Examinations.—
  733         (1) A person desiring to be licensed as a mold assessor or
  734  mold remediator must shall apply to the department after
  735  satisfying the examination requirements of this part to take a
  736  licensure examination.
  737         (2) An applicant may shall be entitled to take the
  738  licensure examination to practice in this state as a mold
  739  assessor or mold remediator if he or she passes the required
  740  examination, the applicant is of good moral character, and
  741  completes has satisfied one of the following requirements:
  742         (a)1. For a mold remediator, at least a 2-year associate of
  743  arts degree, or the equivalent, with at least 30 semester hours
  744  in microbiology, engineering, architecture, industrial hygiene,
  745  occupational safety, or a related field of science from an
  746  accredited institution and a minimum of 1 year of documented
  747  field experience in a field related to mold remediation; or
  748         2. A high school diploma or the equivalent with a minimum
  749  of 4 years of documented field experience in a field related to
  750  mold remediation.
  751         (b)1. For a mold assessor, at least a 2-year associate of
  752  arts degree, or the equivalent, with at least 30 semester hours
  753  in microbiology, engineering, architecture, industrial hygiene,
  754  occupational safety, or a related field of science from an
  755  accredited institution and a minimum of 1 year of documented
  756  field experience in conducting microbial sampling or
  757  investigations; or
  758         2. A high school diploma or the equivalent with a minimum
  759  of 4 years of documented field experience in conducting
  760  microbial sampling or investigations.
  761         (6) An applicant for a license shall submit, together with
  762  the application, a complete set of electronic fingerprints to
  763  the department. The department shall submit the fingerprints to
  764  the Department of Law Enforcement for state processing, and the
  765  Department of Law Enforcement shall forward them to the Federal
  766  Bureau of Investigation for national processing, to determine
  767  whether the applicant has a criminal history record. The
  768  department shall review the background results to determine if
  769  an applicant meets licensure requirements. The applicant is
  770  responsible for the cost associated with processing the
  771  fingerprints. The authorized agencies or vendors shall collect
  772  such fees and pay the processing costs due to the Department of
  773  Law Enforcement.
  774         Section 19. Subsection (3) of section 468.8414, Florida
  775  Statutes, is amended to read:
  776         468.8414 Licensure.—
  777         (3) The department shall certify as qualified for a license
  778  by endorsement an applicant who is of good moral character, who
  779  has the insurance coverage required under s. 468.8421, and who:
  780         (a) Is qualified to take the examination as set forth in s.
  781  468.8413 and has passed a certification examination offered by a
  782  nationally recognized organization that certifies persons in the
  783  specialty of mold assessment or mold remediation that has been
  784  approved by the department as substantially equivalent to the
  785  requirements of this part and s. 455.217; or
  786         (b) Holds a valid license to practice mold assessment or
  787  mold remediation issued by another state or territory of the
  788  United States if the criteria for issuance of the license were
  789  substantially the same as the licensure criteria that is
  790  established by this part as determined by the department.
  791         Section 20. Section 468.8418, Florida Statutes, is amended
  792  to read:
  793         468.8418 Certification of partnerships and corporations.—
  794         (1) The department shall issue a certificate of
  795  authorization to a corporation or partnership offering mold
  796  assessment or mold remediation services to the public if the
  797  corporation or partnership satisfies all of the requirements of
  798  this part.
  799         (2) The practice of or the offer to practice mold
  800  assessment or mold remediation by licensees through a
  801  corporation or partnership offering mold assessment or mold
  802  remediation to the public, or by a corporation or partnership
  803  offering such services to the public through licensees under
  804  this part as agents, employees, officers, or partners, is
  805  permitted subject to the provisions of this part, provided that
  806  the corporation or partnership has been issued a certificate of
  807  authorization by the department as provided in this section.
  808  Nothing in this section shall be construed to allow a
  809  corporation to hold a license to practice mold assessment or
  810  mold remediation. No corporation or partnership shall be
  811  relieved of responsibility for the conduct or acts of its
  812  agents, employees, or officers by reason of its compliance with
  813  this section, nor shall any individual practicing mold
  814  assessment or mold remediation be relieved of responsibility for
  815  professional services performed by reason of his or her
  816  employment or relationship with a corporation or partnership.
  817         (3) For the purposes of this section, a certificate of
  818  authorization shall be required for a corporation, partnership,
  819  association, or person practicing under a fictitious name,
  820  offering mold assessment or mold remediation; however, when an
  821  individual is practicing mold assessment or mold remediation
  822  under his or her own given name, he or she shall not be required
  823  to register under this section.
  824         (4) Each certificate of authorization shall be renewed
  825  every 2 years. Each partnership and corporation certified under
  826  this section shall notify the department within 1 month of any
  827  change in the information contained in the application upon
  828  which the certification is based.
  829         (5) Disciplinary action against a corporation or
  830  partnership shall be administered in the same manner and on the
  831  same grounds as disciplinary action against a licensed mold
  832  assessor or mold remediator.
  833         Section 21. Subsection (1) of section 468.8419, Florida
  834  Statutes, is amended, and subsection (4) is added to that
  835  section, to read:
  836         468.8419 Prohibitions; penalties.—
  837         (1) A person mold assessor, a company that employs a mold
  838  assessor, or a company that is controlled by a company that also
  839  has a financial interest in a company employing a mold assessor
  840  may not:
  841         (a) Effective July 1, 2011, perform or offer to perform any
  842  mold assessment unless the mold assessor has documented training
  843  in water, mold, and respiratory protection under s. 468.8414(2).
  844         (b) Effective July 1, 2011, perform or offer to perform any
  845  mold assessment unless the person has complied with the
  846  provisions of this part.
  847         (c) Use the name or title “certified mold assessor,”
  848  “registered mold assessor,” “licensed mold assessor,” “mold
  849  assessor,” “professional mold assessor,” or any combination
  850  thereof unless the person has complied with the provisions of
  851  this part.
  852         (d) Perform or offer to perform any mold remediation to a
  853  structure on which the mold assessor or the mold assessor’s
  854  company provided a mold assessment within the last 12 months.
  855         (e) Inspect for a fee any property in which the assessor or
  856  the assessor’s company has any financial or transfer interest.
  857         (f) Accept any compensation, inducement, or reward from a
  858  mold remediator or mold remediator’s company for the referral of
  859  any business to the mold remediator or the mold remediator’s
  860  company.
  861         (g) Offer any compensation, inducement, or reward to a mold
  862  remediator or mold remediator’s company for the referral of any
  863  business from the mold remediator or the mold remediator’s
  864  company.
  865         (h) Accept an engagement to make an omission of the
  866  assessment or conduct an assessment in which the assessment
  867  itself, or the fee payable for the assessment, is contingent
  868  upon the conclusions of the assessment.
  869         (4) This section does not apply to unlicensed activity as
  870  described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
  871  which occurs before July 1, 2011.
  872         Section 22. Subsection (1) of section 468.842, Florida
  873  Statutes, is amended to read:
  874         468.842 Disciplinary proceedings.—
  875         (1) The following acts constitute grounds for which the
  876  disciplinary actions in subsection (2) may be taken:
  877         (a) Violation of any provision of this part or s.
  878  455.227(1).;
  879         (b) Attempting to procure a license to practice mold
  880  assessment or mold remediation by bribery or fraudulent
  881  misrepresentations.;
  882         (c) Having a license to practice mold assessment or mold
  883  remediation revoked, suspended, or otherwise acted against,
  884  including the denial of licensure, by the licensing authority of
  885  another state, territory, or country.;
  886         (d) Being convicted or found guilty of, or entering a plea
  887  of nolo contendere to, regardless of adjudication, a crime in
  888  any jurisdiction that directly relates to the practice of mold
  889  assessment or mold remediation or the ability to practice mold
  890  assessment or mold remediation.;
  891         (e) Making or filing a report or record that the licensee
  892  knows to be false, willfully failing to file a report or record
  893  required by state or federal law, willfully impeding or
  894  obstructing such filing, or inducing another person to impede or
  895  obstruct such filing. Such reports or records shall include only
  896  those that are signed in the capacity of a registered mold
  897  assessor or mold remediator.;
  898         (f) Advertising goods or services in a manner that is
  899  fraudulent, false, deceptive, or misleading in form or content.;
  900         (g) Engaging in fraud or deceit, or negligence,
  901  incompetency, or misconduct, in the practice of mold assessment
  902  or mold remediation.;
  903         (h) Failing to perform any statutory or legal obligation
  904  placed upon a licensed mold assessor or mold remediator;
  905  violating any provision of this chapter, a rule of the
  906  department, or a lawful order of the department previously
  907  entered in a disciplinary hearing; or failing to comply with a
  908  lawfully issued subpoena of the department.; or
  909         (i) Practicing on a revoked, suspended, inactive, or
  910  delinquent license.
  911         (j) Failing to meet any standard of practice adopted by
  912  rule of the department.
  913         Section 23. Subsection (1) of section 468.8421, Florida
  914  Statutes, is amended to read:
  915         468.8421 Insurance.—
  916         (1) A mold assessor shall maintain general liability and
  917  errors and omissions for both preliminary and postremediation
  918  mold assessment insurance coverage in an amount of at least $1
  919  million not less than $1,000,000.
  920         Section 24. Section 468.8423, Florida Statutes, is amended
  921  to read:
  922         468.8423 Grandfather clause.—
  923         (1) A person who performs mold assessment or mold
  924  remediation as defined in this part may qualify to be licensed
  925  by the department as a mold assessor or mold remediator if the
  926  person submits his or her application to the department by March
  927  1, 2011, whether postmarked or delivered by that date, and if
  928  the person: meets the licensure requirements of this part by
  929  July 1, 2010.
  930         (a) Is certified as a mold assessor or mold remediator by a
  931  state or national association that requires, for such
  932  certification, successful completion of a proctored examination
  933  on mold assessment or mold remediation, as applicable, and
  934  completes at least 60 hours of education on mold assessment or
  935  at least 30 hours of education on mold remediation, as
  936  applicable; or
  937         (b) At the time of application, has at least 3 years of
  938  experience as a mold assessor or mold remediator. To establish
  939  the 3 years of experience, an applicant must submit at least 40
  940  mold assessments or remediation invoices prepared by the
  941  applicant.
  942         (2) The department may investigate the validity of a mold
  943  assessment or remediation invoice submitted under paragraph
  944  (1)(b) and, if the applicant submits a false assessment or
  945  invoice, may take disciplinary action against the applicant
  946  under s. 468.842(1)(e) or (g).
  947         (3) An applicant may not qualify for licensure under this
  948  section if he or she has had a mold assessor or mold remediator
  949  license or a license in any related field revoked at any time or
  950  suspended within the previous 5 years or has been assessed a
  951  fine that exceeds $500 within the previous 5 years. For purposes
  952  of this subsection, a license in a related field includes, but
  953  is not limited to, licensure in real estate, construction, home
  954  inspection, building code administration or inspection, or
  955  indoor air quality.
  956         (4) An applicant for licensure under this section must
  957  comply with the good moral character and insurance requirements
  958  of this part.
  959         Section 25. Section 468.8424, Florida Statutes, is created
  960  to read:
  961         468.8424 Rulemaking authority.—The department shall adopt
  962  rules to administer this part.
  963         Section 26. Subsection (22) of section 489.103, Florida
  964  Statutes, is amended to read:
  965         489.103 Exemptions.—This part does not apply to:
  966         (22) A person licensed pursuant to s. 633.061(1)(d) or
  967  (3)(2)(b) performing work authorized by such license.
  968         Section 27. Subsection (1) of section 489.5335, Florida
  969  Statutes, is amended to read:
  970         489.5335 Journeyman; reciprocity; standards.—
  971         (1) An individual who holds a valid, active journeyman
  972  license in the electrical trade issued by any county or
  973  municipality in this state may work as a journeyman in any other
  974  county or municipality of this state without taking an
  975  additional examination or paying an additional license fee, if
  976  he or she:
  977         (a) Has scored at least 70 percent, or after October 1,
  978  1997, at least 75 percent, on a proctored journeyman Block and
  979  Associates examination or other proctored examination approved
  980  by the board for the electrical trade;
  981         (b) Has completed an apprenticeship program registered with
  982  the Department of Labor and Employment Security and demonstrates
  983  4 years’ verifiable practical experience in the electrical
  984  trade, or demonstrates 6 years’ verifiable practical experience
  985  in the electrical trade;
  986         (c) Has satisfactorily completed specialized and advanced
  987  module coursework approved by the Florida Building Commission,
  988  as part of the building code training program established in s.
  989  553.841, specific to the discipline, and successfully completed
  990  the program’s core curriculum courses or passed an equivalency
  991  test in lieu of taking the core curriculum courses and provided
  992  proof of completion of such curriculum courses or examination
  993  and obtained a certificate from the board pursuant to this part
  994  or, pursuant to authorization by the certifying authority,
  995  provides proof of completion of such curriculum or coursework
  996  within 6 months after such certification; and
  997         (d) Has not had a license suspended or revoked within the
  998  last 5 years.
  999         Section 28. Subsections (2), (8), and (9) of section
 1000  553.37, Florida Statutes, are amended, and subsection (12) is
 1001  added to that section, to read:
 1002         553.37 Rules; inspections; and insignia.—
 1003         (2) The department shall adopt rules to address:
 1004         (a) Procedures and qualifications for approval of third
 1005  party plan review and inspection agencies and of those who
 1006  perform inspections and plan reviews.
 1007         (b) Investigation of consumer complaints of noncompliance
 1008  of manufactured buildings with the Florida Building Code and the
 1009  Florida Fire Prevention Code.
 1010         (c) Issuance, cancellation, and revocation of any insignia
 1011  issued by the department and procedures for auditing and
 1012  accounting for disposition of them.
 1013         (d) Monitoring the manufacturers’, inspection agencies’,
 1014  and plan review agencies’ compliance with this part and the
 1015  Florida Building Code. Monitoring may include, but is not
 1016  limited to, performing audits of plans, inspections of
 1017  manufacturing facilities and observation of the manufacturing
 1018  and inspection process, and onsite inspections of buildings.
 1019         (e) The performance by the department and its designees and
 1020  contractors of any other functions required by this part.
 1021         (8) The department, by rule, shall establish a schedule of
 1022  fees to pay the cost of the administration and enforcement of
 1023  this part. The rule may provide for manufacturers to pay fees to
 1024  the administrator directly via the Building Code Information
 1025  System.
 1026         (9) The department may delegate its enforcement authority
 1027  to a state department having building construction
 1028  responsibilities or a local government, and may enter into
 1029  contracts for the performance of its administrative duties under
 1030  this part. The department may delegate its plan review and
 1031  inspection authority to one or more of the following in any
 1032  combination:
 1033         (a) A state department having building construction
 1034  responsibilities;
 1035         (b) A local government;
 1036         (c) An approved inspection agency;
 1037         (d) An approved plan review agency; or
 1038         (e) An agency of another state.
 1039         (12) Custom or one-of-a-kind prototype manufactured
 1040  buildings are not required to have state approval, but must be
 1041  in compliance with all local requirements of the governmental
 1042  agency having jurisdiction at the installation site.
 1043         Section 29. Section 553.375, Florida Statutes, is amended
 1044  to read:
 1045         553.375 Recertification of manufactured buildings.—Prior to
 1046  the relocation to a site that has a higher design wind speed,
 1047  modification, or change of occupancy of a manufactured building
 1048  within the state, the manufacturer, dealer, or owner thereof may
 1049  apply to the department for recertification of that manufactured
 1050  building. The department shall, by rule, provide what
 1051  information the applicant must submit for recertification and
 1052  for plan review and inspection of such manufactured buildings
 1053  and shall establish fees for recertification. Upon a
 1054  determination by the department that the manufactured building
 1055  complies with the applicable building codes, the department
 1056  shall issue a recertification insignia. A manufactured building
 1057  that bears recertification insignia does not require any
 1058  additional approval by an enforcement jurisdiction in which the
 1059  building is sold or installed, and is considered to comply with
 1060  all applicable codes. As an alternative to recertification by
 1061  the department, the manufacturer, dealer, or owner of a
 1062  manufactured building may seek appropriate permitting and a
 1063  certificate of occupancy from the local jurisdiction in
 1064  accordance with procedures generally applicable under the
 1065  Florida Building Code.
 1066         Section 30. Subsection (1) of section 553.512, Florida
 1067  Statutes, is amended to read:
 1068         553.512 Modifications and waivers; advisory council.—
 1069         (1) The Florida Building Commission shall provide by
 1070  regulation criteria for granting individual modifications of, or
 1071  exceptions from, the literal requirements of this part upon a
 1072  determination of unnecessary, unreasonable, or extreme hardship,
 1073  provided such waivers shall not violate federal accessibility
 1074  laws and regulations and shall be reviewed by the Accessibility
 1075  Advisory Council. The commission shall establish by rule a fee
 1076  to be paid upon submitting a request for a waiver as provided in
 1077  this section. Notwithstanding any other provision of this
 1078  subsection, if an applicant for a waiver demonstrates economic
 1079  hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
 1080  shall be granted. The commission may not consider waiving any of
 1081  the requirements of s. 553.5041 unless the applicant first
 1082  demonstrates that she or he has applied for and been denied
 1083  waiver or variance from all local government zoning, subdivision
 1084  regulations, or other ordinances that prevent compliance
 1085  therewith. Further, the commission may not waive the requirement
 1086  of s. 553.5041(5)(a) and (c)1. governing the minimum width of
 1087  accessible routes and minimum width of accessible parking
 1088  spaces.
 1089         Section 31. Effective October 1, 2010, section 553.721,
 1090  Florida Statutes, is amended to read:
 1091         553.721 Surcharge.—
 1092         (1) In order for the Department of Community Affairs to
 1093  administer and carry out the purposes of this part and related
 1094  activities, there is hereby created a surcharge, to be assessed
 1095  at the rate of 1.5 percent of all permit fees associated with
 1096  enforcement of the Florida Building Code as defined by the
 1097  uniform account criteria and specifically the uniform account
 1098  code for building permits adopted for local government financial
 1099  reporting pursuant to s. 218.32. The minimum amount collected on
 1100  any permit issued shall be $2 one-half cent per square foot
 1101  under-roof floor space permitted pursuant to s. 125.56(4) or s.
 1102  166.201. However, for additions, alterations, or renovations to
 1103  existing buildings, the surcharge shall be computed on the basis
 1104  of the square footage being added, altered, or renovated. The
 1105  unit of government responsible for collecting a permit fee
 1106  pursuant to s. 125.56(4) or s. 166.201 shall collect such
 1107  surcharge and electronically remit the funds collected to the
 1108  department on a quarterly calendar basis beginning not later
 1109  than December 31, 2010, for the preceding quarter, and
 1110  continuing each third month thereafter, and such unit of
 1111  government shall may retain 10 an amount up to 5 percent of the
 1112  surcharge collected to fund the participation of building
 1113  departments in the national and state building code promulgation
 1114  processes and to provide education related to enforcement of the
 1115  Florida Building Code cover costs associated with the collection
 1116  and remittance of such surcharge. All funds remitted to the
 1117  department pursuant to this subsection shall be deposited in the
 1118  Operating Trust Fund. Funds collected from such surcharge shall
 1119  be used exclusively for the duties of the Florida Building
 1120  Commission and the Department of Community Affairs under this
 1121  chapter not be used to fund research on techniques for
 1122  mitigation of radon in existing buildings. Funds used by the
 1123  department as well as funds to be transferred to the Department
 1124  of Health shall be as prescribed in the annual General
 1125  Appropriations Act. The department shall adopt rules governing
 1126  the collection and remittance of surcharges in accordance with
 1127  chapter 120.
 1128         (2) Notwithstanding subsection (1), and for the 2008-2009
 1129  fiscal year only, the amount transferred from the Operating
 1130  Trust Fund to the Grants and Donations Trust Fund of the
 1131  Department of Community Affairs pursuant to the General
 1132  Appropriations Act for the 2008-2009 fiscal year shall be used
 1133  for the regional planning councils, civil legal assistance, and
 1134  the Front Porch Florida Initiative.
 1135         Section 32. Subsections (2) and (3) and paragraph (b) of
 1136  subsection (4) of section 553.73, Florida Statutes, are amended,
 1137  present subsections (5) through (13) of that section are
 1138  renumbered as subsections (6) through (14), respectively, a new
 1139  subsection (5) is added to that section, paragraph (a) of
 1140  present subsection (6) and present subsections (7) and (9) of
 1141  that section are amended, and subsections (15) and (16) are
 1142  added to that section, to read:
 1143         553.73 Florida Building Code.—
 1144         (2) The Florida Building Code shall contain provisions or
 1145  requirements for public and private buildings, structures, and
 1146  facilities relative to structural, mechanical, electrical,
 1147  plumbing, energy, and gas systems, existing buildings,
 1148  historical buildings, manufactured buildings, elevators, coastal
 1149  construction, lodging facilities, food sales and food service
 1150  facilities, health care facilities, including assisted living
 1151  facilities, adult day care facilities, hospice residential and
 1152  inpatient facilities and units, and facilities for the control
 1153  of radiation hazards, public or private educational facilities,
 1154  swimming pools, and correctional facilities and enforcement of
 1155  and compliance with such provisions or requirements. Further,
 1156  the Florida Building Code must provide for uniform
 1157  implementation of ss. 515.25, 515.27, and 515.29 by including
 1158  standards and criteria for residential swimming pool barriers,
 1159  pool covers, latching devices, door and window exit alarms, and
 1160  other equipment required therein, which are consistent with the
 1161  intent of s. 515.23. Technical provisions to be contained within
 1162  the Florida Building Code are restricted to requirements related
 1163  to the types of materials used and construction methods and
 1164  standards employed in order to meet criteria specified in the
 1165  Florida Building Code. Provisions relating to the personnel,
 1166  supervision or training of personnel, or any other professional
 1167  qualification requirements relating to contractors or their
 1168  workforce may not be included within the Florida Building Code,
 1169  and subsections (4), (5), (6), (7), and (8), and (9) are not to
 1170  be construed to allow the inclusion of such provisions within
 1171  the Florida Building Code by amendment. This restriction applies
 1172  to both initial development and amendment of the Florida
 1173  Building Code.
 1174         (3) The commission shall select from available national or
 1175  international model building codes, or other available building
 1176  codes and standards currently recognized by the laws of this
 1177  state, to form the foundation for the Florida Building Code. The
 1178  commission may modify the selected model codes and standards as
 1179  needed to accommodate the specific needs of this state.
 1180  Standards or criteria referenced by the selected model codes
 1181  shall be similarly incorporated by reference. If a referenced
 1182  standard or criterion requires amplification or modification to
 1183  be appropriate for use in this state, only the amplification or
 1184  modification shall be specifically set forth in the Florida
 1185  Building Code. The Florida Building Commission may approve
 1186  technical amendments to the code, subject to the requirements of
 1187  subsections (8) (7) and (9) (8), after the amendments have been
 1188  subject to the following conditions:
 1189         (a) The proposed amendment has been published on the
 1190  commission’s website for a minimum of 45 days and all the
 1191  associated documentation has been made available to any
 1192  interested party before any consideration by any Technical
 1193  Advisory Committee;
 1194         (b) In order for a Technical Advisory Committee to make a
 1195  favorable recommendation to the commission, the proposal must
 1196  receive a three-fourths vote of the members present at the
 1197  Technical Advisory Committee meeting and at least half of the
 1198  regular members must be present in order to conduct a meeting;
 1199         (c) After Technical Advisory Committee consideration and a
 1200  recommendation for approval of any proposed amendment, the
 1201  proposal must be published on the commission’s website for not
 1202  less than 45 days before any consideration by the commission;
 1203  and
 1204         (d) Any proposal may be modified by the commission based on
 1205  public testimony and evidence from a public hearing held in
 1206  accordance with chapter 120.
 1207  
 1208  The commission shall incorporate within sections of the Florida
 1209  Building Code provisions which address regional and local
 1210  concerns and variations. The commission shall make every effort
 1211  to minimize conflicts between the Florida Building Code, the
 1212  Florida Fire Prevention Code, and the Life Safety Code.
 1213         (4)
 1214         (b) Local governments may, subject to the limitations of
 1215  this section, adopt amendments to the technical provisions of
 1216  the Florida Building Code which apply solely within the
 1217  jurisdiction of such government and which provide for more
 1218  stringent requirements than those specified in the Florida
 1219  Building Code, not more than once every 6 months. A local
 1220  government may adopt technical amendments that address local
 1221  needs if:
 1222         1. The local governing body determines, following a public
 1223  hearing which has been advertised in a newspaper of general
 1224  circulation at least 10 days before the hearing, that there is a
 1225  need to strengthen the requirements of the Florida Building
 1226  Code. The determination must be based upon a review of local
 1227  conditions by the local governing body, which review
 1228  demonstrates by evidence or data that the geographical
 1229  jurisdiction governed by the local governing body exhibits a
 1230  local need to strengthen the Florida Building Code beyond the
 1231  needs or regional variation addressed by the Florida Building
 1232  Code, that the local need is addressed by the proposed local
 1233  amendment, and that the amendment is no more stringent than
 1234  necessary to address the local need.
 1235         2. Such additional requirements are not discriminatory
 1236  against materials, products, or construction techniques of
 1237  demonstrated capabilities.
 1238         3. Such additional requirements may not introduce a new
 1239  subject not addressed in the Florida Building Code.
 1240         4. The enforcing agency shall make readily available, in a
 1241  usable format, all amendments adopted pursuant to this section.
 1242         5. Any amendment to the Florida Building Code shall be
 1243  transmitted within 30 days by the adopting local government to
 1244  the commission. The commission shall maintain copies of all such
 1245  amendments in a format that is usable and obtainable by the
 1246  public. Local technical amendments shall not become effective
 1247  until 30 days after the amendment has been received and
 1248  published by the commission.
 1249         6. Any amendment to the Florida Building Code adopted by a
 1250  local government pursuant to this paragraph shall be effective
 1251  only until the adoption by the commission of the new edition of
 1252  the Florida Building Code every third year. At such time, the
 1253  commission shall review such amendment for consistency with the
 1254  criteria in paragraph (9)(8)(a) and adopt such amendment as part
 1255  of the Florida Building Code or rescind the amendment. The
 1256  commission shall immediately notify the respective local
 1257  government of the rescission of any amendment. After receiving
 1258  such notice, the respective local government may readopt the
 1259  rescinded amendment pursuant to the provisions of this
 1260  paragraph.
 1261         7. Each county and municipality desiring to make local
 1262  technical amendments to the Florida Building Code shall by
 1263  interlocal agreement establish a countywide compliance review
 1264  board to review any amendment to the Florida Building Code,
 1265  adopted by a local government within the county pursuant to this
 1266  paragraph, that is challenged by any substantially affected
 1267  party for purposes of determining the amendment’s compliance
 1268  with this paragraph. If challenged, the local technical
 1269  amendments shall not become effective until time for filing an
 1270  appeal pursuant to subparagraph 8. has expired or, if there is
 1271  an appeal, until the commission issues its final order
 1272  determining the adopted amendment is in compliance with this
 1273  subsection.
 1274         8. If the compliance review board determines such amendment
 1275  is not in compliance with this paragraph, the compliance review
 1276  board shall notify such local government of the noncompliance
 1277  and that the amendment is invalid and unenforceable until the
 1278  local government corrects the amendment to bring it into
 1279  compliance. The local government may appeal the decision of the
 1280  compliance review board to the commission. If the compliance
 1281  review board determines such amendment to be in compliance with
 1282  this paragraph, any substantially affected party may appeal such
 1283  determination to the commission. Any such appeal shall be filed
 1284  with the commission within 14 days of the board’s written
 1285  determination. The commission shall promptly refer the appeal to
 1286  the Division of Administrative Hearings for the assignment of an
 1287  administrative law judge. The administrative law judge shall
 1288  conduct the required hearing within 30 days, and shall enter a
 1289  recommended order within 30 days of the conclusion of such
 1290  hearing. The commission shall enter a final order within 30 days
 1291  thereafter. The provisions of chapter 120 and the uniform rules
 1292  of procedure shall apply to such proceedings. The local
 1293  government adopting the amendment that is subject to challenge
 1294  has the burden of proving that the amendment complies with this
 1295  paragraph in proceedings before the compliance review board and
 1296  the commission, as applicable. Actions of the commission are
 1297  subject to judicial review pursuant to s. 120.68. The compliance
 1298  review board shall determine whether its decisions apply to a
 1299  respective local jurisdiction or apply countywide.
 1300         9. An amendment adopted under this paragraph shall include
 1301  a fiscal impact statement which documents the costs and benefits
 1302  of the proposed amendment. Criteria for the fiscal impact
 1303  statement shall include the impact to local government relative
 1304  to enforcement, the impact to property and building owners, as
 1305  well as to industry, relative to the cost of compliance. The
 1306  fiscal impact statement may not be used as a basis for
 1307  challenging the amendment for compliance.
 1308         10. In addition to subparagraphs 7. and 9., the commission
 1309  may review any amendments adopted pursuant to this subsection
 1310  and make nonbinding recommendations related to compliance of
 1311  such amendments with this subsection.
 1312         (5) Notwithstanding subsection (4), counties and
 1313  municipalities may adopt by ordinance an administrative or
 1314  technical amendment to the Florida Building Code relating to
 1315  flood resistance in order to implement the National Flood
 1316  Insurance Program or incentives. Specifically, an administrative
 1317  amendment may assign the duty to enforce all or portions of
 1318  flood-related code provisions to the appropriate agencies of the
 1319  local government and adopt procedures for variances and
 1320  exceptions from flood-related code provisions other than
 1321  provisions for structures seaward of the coastal construction
 1322  control line consistent with the requirements in 44 C.F.R. s.
 1323  60.6. A technical amendment is authorized to the extent that it
 1324  is more stringent than the code. A technical amendment is not
 1325  subject to the requirements of subsection (4) and may not be
 1326  rendered void when the code is updated if the amendment is
 1327  adopted for the purpose of participating in the Community Rating
 1328  System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
 1329  had already been adopted by local ordinance prior to July 1,
 1330  2010, or the amendment requires a design flood elevation above
 1331  the base flood elevation. Any amendment adopted pursuant to this
 1332  subsection shall be transmitted to the commission within 30 days
 1333  after adoption.
 1334         (7)(6)(a) The commission, by rule adopted pursuant to ss.
 1335  120.536(1) and 120.54, shall update the Florida Building Code
 1336  every 3 years. When updating the Florida Building Code, the
 1337  commission shall select the most current version of the
 1338  International Building Code, the International Fuel Gas Code,
 1339  the International Mechanical Code, the International Plumbing
 1340  Code, and the International Residential Code, all of which are
 1341  adopted by the International Code Council, and the National
 1342  Electrical Code, which is adopted by the National Fire
 1343  Protection Association, to form the foundation codes of the
 1344  updated Florida Building Code, if the version has been adopted
 1345  by the applicable model code entity and made available to the
 1346  public at least 6 months prior to its selection by the
 1347  commission. The commission shall select the most current version
 1348  of the International Energy Conservation Code (IECC) as a
 1349  foundation code; however, the IECC shall be modified by the
 1350  commission to maintain the efficiencies of the Florida Energy
 1351  Efficiency Code for Building Construction adopted and amended
 1352  pursuant to s. 553.901.
 1353         (8)(7) Notwithstanding the provisions of subsection (3) or
 1354  subsection (7) (6), the commission may address issues identified
 1355  in this subsection by amending the code pursuant only to the
 1356  rule adoption procedures contained in chapter 120. Provisions of
 1357  the Florida Building Code, including those contained in
 1358  referenced standards and criteria, relating to wind resistance
 1359  or the prevention of water intrusion may not be amended pursuant
 1360  to this subsection to diminish those construction requirements;
 1361  however, the commission may, subject to conditions in this
 1362  subsection, amend the provisions to enhance those construction
 1363  requirements. Following the approval of any amendments to the
 1364  Florida Building Code by the commission and publication of the
 1365  amendments on the commission’s website, authorities having
 1366  jurisdiction to enforce the Florida Building Code may enforce
 1367  the amendments. The commission may approve amendments that are
 1368  needed to address:
 1369         (a) Conflicts within the updated code;
 1370         (b) Conflicts between the updated code and the Florida Fire
 1371  Prevention Code adopted pursuant to chapter 633;
 1372         (c) The omission of previously adopted Florida-specific
 1373  amendments to the updated code if such omission is not supported
 1374  by a specific recommendation of a technical advisory committee
 1375  or particular action by the commission;
 1376         (d) Unintended results from the integration of previously
 1377  adopted Florida-specific amendments with the model code;
 1378         (e) Equivalency of standards;
 1379         (f)(e) Changes to or inconsistencies with federal or state
 1380  law; or
 1381         (g)(f) Adoption of an updated edition of the National
 1382  Electrical Code if the commission finds that delay of
 1383  implementing the updated edition causes undue hardship to
 1384  stakeholders or otherwise threatens the public health, safety,
 1385  and welfare.
 1386         (10)(9) The following buildings, structures, and facilities
 1387  are exempt from the Florida Building Code as provided by law,
 1388  and any further exemptions shall be as determined by the
 1389  Legislature and provided by law:
 1390         (a) Buildings and structures specifically regulated and
 1391  preempted by the Federal Government.
 1392         (b) Railroads and ancillary facilities associated with the
 1393  railroad.
 1394         (c) Nonresidential farm buildings on farms.
 1395         (d) Temporary buildings or sheds used exclusively for
 1396  construction purposes.
 1397         (e) Mobile or modular structures used as temporary offices,
 1398  except that the provisions of part II relating to accessibility
 1399  by persons with disabilities shall apply to such mobile or
 1400  modular structures.
 1401         (f) Those structures or facilities of electric utilities,
 1402  as defined in s. 366.02, which are directly involved in the
 1403  generation, transmission, or distribution of electricity.
 1404         (g) Temporary sets, assemblies, or structures used in
 1405  commercial motion picture or television production, or any
 1406  sound-recording equipment used in such production, on or off the
 1407  premises.
 1408         (h) Storage sheds that are not designed for human
 1409  habitation and that have a floor area of 720 square feet or less
 1410  are not required to comply with the mandatory wind-borne-debris
 1411  impact standards of the Florida Building Code.
 1412         (i) Chickees constructed by the Miccosukee Tribe of Indians
 1413  of Florida or the Seminole Tribe of Florida. As used in this
 1414  paragraph, the term “chickee” means an open-sided wooden hut
 1415  that has a thatched roof of palm or palmetto or other
 1416  traditional materials, and that does not incorporate any
 1417  electrical, plumbing, or other nonwood features.
 1418         (j) Family mausoleums not exceeding 250 square feet in area
 1419  which are prefabricated and assembled on site or preassembled
 1420  and delivered on site and have walls, roofs, and a floor
 1421  constructed of granite, marble, or reinforced concrete.
 1422  
 1423  With the exception of paragraphs (a), (b), (c), and (f), in
 1424  order to preserve the health, safety, and welfare of the public,
 1425  the Florida Building Commission may, by rule adopted pursuant to
 1426  chapter 120, provide for exceptions to the broad categories of
 1427  buildings exempted in this section, including exceptions for
 1428  application of specific sections of the code or standards
 1429  adopted therein. The Department of Agriculture and Consumer
 1430  Services shall have exclusive authority to adopt by rule,
 1431  pursuant to chapter 120, exceptions to nonresidential farm
 1432  buildings exempted in paragraph (c) when reasonably necessary to
 1433  preserve public health, safety, and welfare. The exceptions must
 1434  be based upon specific criteria, such as under-roof floor area,
 1435  aggregate electrical service capacity, HVAC system capacity, or
 1436  other building requirements. Further, the commission may
 1437  recommend to the Legislature additional categories of buildings,
 1438  structures, or facilities which should be exempted from the
 1439  Florida Building Code, to be provided by law. The Florida
 1440  Building Code does not apply to temporary housing provided by
 1441  the Department of Corrections to any prisoner in the state
 1442  correctional system.
 1443         (15) An agency or local government may not require that
 1444  existing mechanical equipment on the surface of a roof be
 1445  installed in compliance with the requirements of the Florida
 1446  Building Code until the equipment is required to be removed or
 1447  replaced.
 1448         (16)The Florida Building Code must require that the
 1449  illumination in classroom units be designed to provide and
 1450  maintain an average of 40 foot-candles of light at each desktop.
 1451  Public educational facilities must consider using light-emitting
 1452  diode lighting before considering other lighting sources.
 1453         Section 33. Subsection (5) is added to section 553.74,
 1454  Florida Statutes, to read:
 1455         553.74 Florida Building Commission.—
 1456         (5) Notwithstanding s. 112.313 or any other provision of
 1457  law, a member of any of the commission’s technical advisory
 1458  committees, or a member of any other advisory committee or
 1459  workgroup of the commission, does not have an impermissible
 1460  conflict of interest when representing clients before the
 1461  commission or one of its committees or workgroups. However, the
 1462  member, in his or her capacity as a member of the committee or
 1463  workgroup, may not take part in any discussion regarding or take
 1464  action on any matter in which he or she has a direct financial
 1465  interest.
 1466         Section 34. Subsection (2) of section 553.76, Florida
 1467  Statutes, is amended to read:
 1468         553.76 General powers of the commission.—The commission is
 1469  authorized to:
 1470         (2) Issue memoranda of procedure for its internal
 1471  management and control. The commission may adopt rules related
 1472  to its consensus-based decisionmaking process, including, but
 1473  not limited to, super majority voting requirements for
 1474  commission actions relating to the adoption of the Florida
 1475  Building Code or amendments to the code.
 1476         Section 35. Subsections (2) and (4) of section 553.775,
 1477  Florida Statutes, are amended to read:
 1478         553.775 Interpretations.—
 1479         (2) Local enforcement agencies, local building officials,
 1480  state agencies, and the commission shall interpret provisions of
 1481  the Florida Building Code in a manner that is consistent with
 1482  declaratory statements and interpretations entered by the
 1483  commission, except that conflicts between the Florida Fire
 1484  Prevention Code and the Florida Building Code shall be resolved
 1485  in accordance with s. 553.73(11)(10)(c) and (d).
 1486         (4) In order to administer this section, the commission may
 1487  adopt by rule and impose a fee for filing requests for
 1488  declaratory statements and binding and nonbinding
 1489  interpretations to recoup the cost of the proceedings which may
 1490  not exceed $125 for each request for a nonbinding interpretation
 1491  and $250 for each request for a binding review or
 1492  interpretation. For proceedings conducted by or in coordination
 1493  with a third-party, the rule may provide that payment be made
 1494  directly to the third party, who shall remit to the department
 1495  that portion of the fee necessary to cover the costs of the
 1496  department.
 1497         Section 36. Subsection (9) of section 553.79, Florida
 1498  Statutes, is amended to read:
 1499         553.79 Permits; applications; issuance; inspections.—
 1500         (9) Any state agency whose enabling legislation authorizes
 1501  it to enforce provisions of the Florida Building Code may enter
 1502  into an agreement with any other unit of government to delegate
 1503  its responsibility to enforce those provisions and may expend
 1504  public funds for permit and inspection fees, which fees may be
 1505  no greater than the fees charged others. Inspection services
 1506  that are not required to be performed by a state agency under a
 1507  federal delegation of responsibility or by a state agency under
 1508  the Florida Building Code must be performed under the
 1509  alternative plans review and inspection process created in s.
 1510  553.791 or by a local governmental entity having authority to
 1511  enforce the Florida Building Code.
 1512         Section 37. For the purpose of incorporating the amendment
 1513  made by this act to section 553.79, Florida Statutes, in a
 1514  reference thereto, subsection (1) of section 553.80, Florida
 1515  Statutes, is reenacted, and paragraph (c) of subsection (1) and
 1516  subsection (3) of that section are amended, to read:
 1517         553.80 Enforcement.—
 1518         (1) Except as provided in paragraphs (a)-(g), each local
 1519  government and each legally constituted enforcement district
 1520  with statutory authority shall regulate building construction
 1521  and, where authorized in the state agency’s enabling
 1522  legislation, each state agency shall enforce the Florida
 1523  Building Code required by this part on all public or private
 1524  buildings, structures, and facilities, unless such
 1525  responsibility has been delegated to another unit of government
 1526  pursuant to s. 553.79(9).
 1527         (a) Construction regulations relating to correctional
 1528  facilities under the jurisdiction of the Department of
 1529  Corrections and the Department of Juvenile Justice are to be
 1530  enforced exclusively by those departments.
 1531         (b) Construction regulations relating to elevator equipment
 1532  under the jurisdiction of the Bureau of Elevators of the
 1533  Department of Business and Professional Regulation shall be
 1534  enforced exclusively by that department.
 1535         (c) In addition to the requirements of s. 553.79 and this
 1536  section, facilities subject to the provisions of chapter 395 and
 1537  parts part II and VIII of chapter 400 shall have facility plans
 1538  reviewed and construction surveyed by the state agency
 1539  authorized to do so under the requirements of chapter 395 and
 1540  parts part II and VIII of chapter 400 and the certification
 1541  requirements of the Federal Government. Facilities subject to
 1542  the provisions of part IV of chapter 400 may have facility plans
 1543  reviewed and shall have construction surveyed by the state
 1544  agency authorized to do so under the requirements of part IV of
 1545  chapter 400 and the certification requirements of the Federal
 1546  Government.
 1547         (d) Building plans approved under s. 553.77(3) and state
 1548  approved manufactured buildings, including buildings
 1549  manufactured and assembled offsite and not intended for
 1550  habitation, such as lawn storage buildings and storage sheds,
 1551  are exempt from local code enforcing agency plan reviews except
 1552  for provisions of the code relating to erection, assembly, or
 1553  construction at the site. Erection, assembly, and construction
 1554  at the site are subject to local permitting and inspections.
 1555  Lawn storage buildings and storage sheds bearing the insignia of
 1556  approval of the department are not subject to s. 553.842. Such
 1557  buildings that do not exceed 400 square feet may be delivered
 1558  and installed without need of a contractor’s or specialty
 1559  license.
 1560         (e) Construction regulations governing public schools,
 1561  state universities, and community colleges shall be enforced as
 1562  provided in subsection (6).
 1563         (f) The Florida Building Code as it pertains to toll
 1564  collection facilities under the jurisdiction of the turnpike
 1565  enterprise of the Department of Transportation shall be enforced
 1566  exclusively by the turnpike enterprise.
 1567         (g) Construction regulations relating to secure mental
 1568  health treatment facilities under the jurisdiction of the
 1569  Department of Children and Family Services shall be enforced
 1570  exclusively by the department in conjunction with the Agency for
 1571  Health Care Administration’s review authority under paragraph
 1572  (c).
 1573  
 1574  The governing bodies of local governments may provide a schedule
 1575  of fees, as authorized by s. 125.56(2) or s. 166.222 and this
 1576  section, for the enforcement of the provisions of this part.
 1577  Such fees shall be used solely for carrying out the local
 1578  government’s responsibilities in enforcing the Florida Building
 1579  Code. The authority of state enforcing agencies to set fees for
 1580  enforcement shall be derived from authority existing on July 1,
 1581  1998. However, nothing contained in this subsection shall
 1582  operate to limit such agencies from adjusting their fee schedule
 1583  in conformance with existing authority.
 1584         (3)(a) Each enforcement district shall be governed by a
 1585  board, the composition of which shall be determined by the
 1586  affected localities.
 1587         (b)1. At its own option, each enforcement district or local
 1588  enforcement agency may adopt promulgate rules granting to the
 1589  owner of a single-family residence one or more exemptions from
 1590  the Florida Building Code relating to:
 1591         a.(a) Addition, alteration, or repairs performed by the
 1592  property owner upon his or her own property, provided any
 1593  addition or alteration shall not exceed 1,000 square feet or the
 1594  square footage of the primary structure, whichever is less.
 1595         b.(b) Addition, alteration, or repairs by a nonowner within
 1596  a specific cost limitation set by rule, provided the total cost
 1597  shall not exceed $5,000 within any 12-month period.
 1598         c.(c) Building and inspection fees.
 1599         2. However, the exemptions under subparagraph 1. do not
 1600  apply to single-family residences that are located in mapped
 1601  flood hazard areas, as defined in the code, unless the
 1602  enforcement district or local enforcement agency has determined
 1603  that the work, which is otherwise exempt, does not constitute a
 1604  substantial improvement, including the repair of substantial
 1605  damage, of such single-family residences.
 1606         3. Each code exemption, as defined in sub-subparagraphs
 1607  1.a., b., and c. paragraphs (a), (b), and (c), shall be
 1608  certified to the local board 10 days prior to implementation and
 1609  shall only be effective in the territorial jurisdiction of the
 1610  enforcement district or local enforcement agency implementing
 1611  it.
 1612         Section 38. Subsections (4) through (9) of section 553.841,
 1613  Florida Statutes, are amended to read:
 1614         553.841 Building code compliance and mitigation program.—
 1615         (4) The department, In administering the Florida Building
 1616  Code Compliance and Mitigation Program, the department shall
 1617  maintain, update, develop, or cause to be developed:
 1618         (a) A core curriculum that is prerequisite to the advanced
 1619  module coursework.
 1620         (b) advanced modules designed for use by each profession.
 1621         (c) The core curriculum developed under this subsection
 1622  must be submitted to the Department of Business and Professional
 1623  Regulation for approval. Advanced modules developed under this
 1624  paragraph must be approved by the commission and submitted to
 1625  the respective boards for approval.
 1626         (5) The core curriculum shall cover the information
 1627  required to have all categories of participants appropriately
 1628  informed as to their technical and administrative
 1629  responsibilities in the effective execution of the code process
 1630  by all individuals currently licensed under part XII of chapter
 1631  468, chapter 471, chapter 481, or chapter 489, except as
 1632  otherwise provided in s. 471.017. The core curriculum shall be
 1633  prerequisite to the advanced module coursework for all licensees
 1634  and shall be completed by individuals licensed in all categories
 1635  under part XII of chapter 468, chapter 471, chapter 481, or
 1636  chapter 489 within the first 2-year period after initial
 1637  licensure. Core course hours taken by licensees to complete this
 1638  requirement shall count toward fulfillment of required
 1639  continuing education units under part XII of chapter 468,
 1640  chapter 471, chapter 481, or chapter 489.
 1641         (5)(6) Each biennium, upon receipt of funds by the
 1642  Department of Community Affairs from the Construction Industry
 1643  Licensing Board and the Electrical Contractors’ Licensing Board
 1644  provided under ss. 489.109(3) and 489.509(3), the department
 1645  shall determine the amount of funds available for the Florida
 1646  Building Code Compliance and Mitigation Program.
 1647         (6)(7) If the projects provided through the Florida
 1648  Building Code Compliance and Mitigation Program in any state
 1649  fiscal year do not require the use of all available funds, the
 1650  unused funds shall be carried forward and allocated for use
 1651  during the following fiscal year.
 1652         (7)(8) The Florida Building Commission shall provide by
 1653  rule for the accreditation of courses related to the Florida
 1654  Building Code by accreditors approved by the commission. The
 1655  commission shall establish qualifications of accreditors and
 1656  criteria for the accreditation of courses by rule. The
 1657  commission may revoke the accreditation of a course by an
 1658  accreditor if the accreditation is demonstrated to violate this
 1659  part or the rules of the commission.
 1660         (8)(9) This section does not prohibit or limit the subject
 1661  areas or development of continuing education or training on the
 1662  Florida Building Code by any qualified entity.
 1663         Section 39. Subsections (1), (5), (8), and (17) of section
 1664  553.842, Florida Statutes, are amended to read:
 1665         553.842 Product evaluation and approval.—
 1666         (1) The commission shall adopt rules under ss. 120.536(1)
 1667  and 120.54 to develop and implement a product evaluation and
 1668  approval system that applies statewide to operate in
 1669  coordination with the Florida Building Code. The commission may
 1670  enter into contracts to provide for administration of the
 1671  product evaluation and approval system. The commission’s rules
 1672  and any applicable contract may provide that the payment of fees
 1673  related to approvals be made directly to the administrator. Any
 1674  fee paid by a product manufacturer shall be used only for
 1675  funding the product evaluation and approval system. The product
 1676  evaluation and approval system shall provide:
 1677         (a) Appropriate promotion of innovation and new
 1678  technologies.
 1679         (b) Processing submittals of products from manufacturers in
 1680  a timely manner.
 1681         (c) Independent, third-party qualified and accredited
 1682  testing and laboratory facilities, product evaluation entities,
 1683  quality assurance agencies, certification agencies, and
 1684  validation entities.
 1685         (d) An easily accessible product acceptance list to
 1686  entities subject to the Florida Building Code.
 1687         (e) Development of stringent but reasonable testing
 1688  criteria based upon existing consensus standards, when
 1689  available, for products.
 1690         (f) Long-term approvals, where feasible. State and local
 1691  approvals will be valid until the requirements of the code on
 1692  which the approval is based change, the product changes in a
 1693  manner affecting its performance as required by the code, or the
 1694  approval is revoked. However, the commission may authorize by
 1695  rule editorial revisions to approvals and charge a fee as
 1696  provided in this section.
 1697         (g) Criteria for revocation of a product approval.
 1698         (h) Cost-effectiveness.
 1699         (5) Statewide approval of products, methods, or systems of
 1700  construction may be achieved by one of the following methods.
 1701  One of these methods must be used by the commission to approve
 1702  the following categories of products: panel walls, exterior
 1703  doors, roofing, skylights, windows, shutters, and structural
 1704  components as established by the commission by rule.
 1705         (a) Products for which the code establishes standardized
 1706  testing or comparative or rational analysis methods shall be
 1707  approved by submittal and validation of one of the following
 1708  reports or listings indicating that the product or method or
 1709  system of construction was evaluated to be in compliance with
 1710  the Florida Building Code and that the product or method or
 1711  system of construction is, for the purpose intended, at least
 1712  equivalent to that required by the Florida Building Code:
 1713         1. A certification mark or listing of an approved
 1714  certification agency, which may be used only for products for
 1715  which the code designates standardized testing;
 1716         2. A test report from an approved testing laboratory;
 1717         3. A product evaluation report based upon testing or
 1718  comparative or rational analysis, or a combination thereof, from
 1719  an approved product evaluation entity; or
 1720         4. A product evaluation report based upon testing or
 1721  comparative or rational analysis, or a combination thereof,
 1722  developed and signed and sealed by a professional engineer or
 1723  architect, licensed in this state.
 1724  
 1725  A product evaluation report or a certification mark or listing
 1726  of an approved certification agency which demonstrates that the
 1727  product or method or system of construction complies with the
 1728  Florida Building Code for the purpose intended shall be
 1729  equivalent to a test report and test procedure as referenced in
 1730  the Florida Building Code. An application for state approval of
 1731  a product under subparagraph 1. must be approved by the
 1732  department after the commission staff or a designee verifies
 1733  that the application and related documentation are complete.
 1734  This verification must be completed within 10 business days
 1735  after receipt of the application. Upon approval by the
 1736  department, the product shall be immediately added to the list
 1737  of state-approved products maintained under subsection (13).
 1738  Approvals by the department shall be reviewed and ratified by
 1739  the commission’s program oversight committee except for a
 1740  showing of good cause that a review by the full commission is
 1741  necessary. The commission shall adopt rules providing a means to
 1742  cure deficiencies identified within submittals for products
 1743  approved under this paragraph.
 1744         (b) Products, methods, or systems of construction for which
 1745  there are no specific standardized testing or comparative or
 1746  rational analysis methods established in the code may be
 1747  approved by submittal and validation of one of the following:
 1748         1. A product evaluation report based upon testing or
 1749  comparative or rational analysis, or a combination thereof, from
 1750  an approved product evaluation entity indicating that the
 1751  product or method or system of construction was evaluated to be
 1752  in compliance with the intent of the Florida Building Code and
 1753  that the product or method or system of construction is, for the
 1754  purpose intended, at least equivalent to that required by the
 1755  Florida Building Code; or
 1756         2. A product evaluation report based upon testing or
 1757  comparative or rational analysis, or a combination thereof,
 1758  developed and signed and sealed by a professional engineer or
 1759  architect, licensed in this state, who certifies that the
 1760  product or method or system of construction is, for the purpose
 1761  intended, at least equivalent to that required by the Florida
 1762  Building Code.
 1763         (8) The commission may adopt rules to approve the following
 1764  types of entities that produce information on which product
 1765  approvals are based. All of the following entities, including
 1766  engineers and architects, must comply with a nationally
 1767  recognized standard demonstrating independence or no conflict of
 1768  interest:
 1769         (a) Evaluation entities approved pursuant to this paragraph
 1770  that meet the criteria for approval adopted by the commission by
 1771  rule. The commission shall specifically approve the National
 1772  Evaluation Service, the International Association of Plumbing
 1773  and Mechanical Officials Evaluation Service the International
 1774  Conference of Building Officials Evaluation Services, the
 1775  International Code Council Evaluation Services, the Building
 1776  Officials and Code Administrators International Evaluation
 1777  Services, the Southern Building Code Congress International
 1778  Evaluation Services, and the Miami-Dade County Building Code
 1779  Compliance Office Product Control. Architects and engineers
 1780  licensed in this state are also approved to conduct product
 1781  evaluations as provided in subsection (5).
 1782         (b) Testing laboratories accredited by national
 1783  organizations, such as A2LA and the National Voluntary
 1784  Laboratory Accreditation Program, laboratories accredited by
 1785  evaluation entities approved under paragraph (a), and
 1786  laboratories that comply with other guidelines for testing
 1787  laboratories selected by the commission and adopted by rule.
 1788         (c) Quality assurance entities approved by evaluation
 1789  entities approved under paragraph (a) and by certification
 1790  agencies approved under paragraph (d) and other quality
 1791  assurance entities that comply with guidelines selected by the
 1792  commission and adopted by rule.
 1793         (d) Certification agencies accredited by nationally
 1794  recognized accreditors and other certification agencies that
 1795  comply with guidelines selected by the commission and adopted by
 1796  rule.
 1797         (e) Validation entities that comply with accreditation
 1798  standards established by the commission by rule.
 1799         (17)(a) The Florida Building Commission shall review the
 1800  list of evaluation entities in subsection (8) and, in the annual
 1801  report required under s. 553.77, shall either recommend
 1802  amendments to the list to add evaluation entities the commission
 1803  determines should be authorized to perform product evaluations
 1804  or shall report on the criteria adopted by rule or to be adopted
 1805  by rule allowing the commission to approve evaluation entities
 1806  that use the commission’s product evaluation process. If the
 1807  commission adopts criteria by rule, the rulemaking process must
 1808  be completed by July 1, 2009.
 1809         (b) Notwithstanding paragraph (8)(a), the International
 1810  Association of Plumbing and Mechanical Officials Evaluation
 1811  Services is approved as an evaluation entity until October 1,
 1812  2009. If the association does not obtain permanent approval by
 1813  the commission as an evaluation entity by October 1, 2009,
 1814  products approved on the basis of an association evaluation must
 1815  be substituted by an alternative, approved entity by December
 1816  31, 2009, and on January 1, 2010, any product approval issued by
 1817  the commission based on an association evaluation is void.
 1818         Section 40. Subsection (4) is added to section 553.844,
 1819  Florida Statutes, to read:
 1820         553.844 Windstorm loss mitigation; requirements for roofs
 1821  and opening protection.—
 1822         (4) Notwithstanding the provisions of this section, exposed
 1823  mechanical equipment or appliances fastened to a roof or
 1824  installed on the ground in compliance with the code using rated
 1825  stands, platforms, curbs, slabs, or other means are deemed to
 1826  comply with the wind-resistance requirements of the 2007 Florida
 1827  Building Code, as amended. Further support or enclosure of such
 1828  mechanical equipment or appliances may not be required by a
 1829  state or local official having authority to enforce the Florida
 1830  Building Code. This subsection expires on the effective date of
 1831  the 2010 Florida Building Code.
 1832         Section 41. Section 553.885, Florida Statutes, is amended
 1833  to read:
 1834         553.885 Carbon monoxide alarm required.—
 1835         (1) Every separate building or addition to an existing
 1836  building, other than a hospital, an inpatient hospice facility,
 1837  or a nursing home facility licensed by the Agency for Health
 1838  Care Administration, constructed for which a building permit is
 1839  issued for new construction on or after July 1, 2008, and having
 1840  a fossil-fuel-burning heater or appliance, a fireplace, or an
 1841  attached garage, or other feature, fixture, or element that
 1842  emits carbon monoxide as a byproduct of combustion shall have an
 1843  approved operational carbon monoxide alarm installed within 10
 1844  feet of each room used for sleeping purposes in the new building
 1845  or addition, or at such other locations as required by the
 1846  Florida Building Code. The requirements of this subsection may
 1847  be satisfied with the installation of a hard-wired or battery
 1848  powered carbon monoxide alarm or a hard-wired or battery-powered
 1849  combination carbon monoxide and smoke alarm. For a new hospital,
 1850  an inpatient hospice facility, or a nursing home facility
 1851  licensed by the Agency for Health Care Administration, or a new
 1852  state correctional institution, an approved operational carbon
 1853  monoxide detector shall be installed inside or directly outside
 1854  of each room or area within the hospital or facility where a
 1855  fossil-fuel-burning heater, engine, or appliance is located.
 1856  This detector shall be connected to the fire alarm system of the
 1857  hospital or facility as a supervisory signal. This subsection
 1858  does not apply to existing buildings that are undergoing
 1859  alterations or repairs unless the alteration is an addition as
 1860  defined in subsection (3).
 1861         (2) The Florida Building Commission shall adopt rules to
 1862  administer this section and shall incorporate such requirements
 1863  into its next revision of the Florida Building Code.
 1864         (3) As used in this section, the term:
 1865         (a) “Carbon monoxide alarm” means a device that is meant
 1866  for the purpose of detecting carbon monoxide, that produces a
 1867  distinct audible alarm, and that meets the requirements of and
 1868  is approved by the Florida Building Commission.
 1869         (b) “Fossil fuel” means coal, kerosene, oil, fuel gases, or
 1870  other petroleum or hydrocarbon product that emits carbon
 1871  monoxide as a by-product of combustion.
 1872         (c) “Addition” means an extension or increase in floor
 1873  area, number of stories, or height of a building or structure.
 1874         Section 42. Subsection (2) of section 553.9061, Florida
 1875  Statutes, is amended to read:
 1876         553.9061 Scheduled increases in thermal efficiency
 1877  standards.—
 1878         (2) The Florida Building Commission shall identify within
 1879  code support and compliance documentation the specific building
 1880  options and elements available to meet the energy performance
 1881  goals established in subsection (1). Energy efficiency
 1882  performance options and elements include, but are not limited
 1883  to:
 1884         (a) Energy-efficient water heating systems, including solar
 1885  water heating.
 1886         (b) Energy-efficient appliances.
 1887         (c) Energy-efficient windows, doors, and skylights.
 1888         (d) Low solar-absorption roofs, also known as “cool roofs.”
 1889         (e) Enhanced ceiling and wall insulation.
 1890         (f) Reduced-leak duct systems and energy-saving devices and
 1891  features installed within duct systems.
 1892         (g) Programmable thermostats.
 1893         (h) Energy-efficient lighting systems.
 1894         (i) Energy-saving quality installation procedures for
 1895  replacement air-conditioning systems, including, but not limited
 1896  to, equipment sizing analysis and duct inspection.
 1897         (j) Shading devices, sunscreening materials, and overhangs.
 1898         (k) Weatherstripping, caulking, and sealing of exterior
 1899  openings and penetrations.
 1900         (l) Energy-efficient centralized computer data centers in
 1901  office buildings.
 1902         Section 43. Subsections (3) and (4) of section 553.909,
 1903  Florida Statutes, are amended to read:
 1904         553.909 Setting requirements for appliances; exceptions.—
 1905         (3) Commercial or residential swimming pool pumps or water
 1906  heaters manufactured on or sold after July 1, 2011, shall comply
 1907  with the requirements of this subsection.
 1908         (a) Natural gas pool heaters shall not be equipped with
 1909  constantly burning pilots.
 1910         (b) Heat pump pool heaters shall have a coefficient of
 1911  performance at low temperature of not less than 4.0.
 1912         (c) The thermal efficiency of gas-fired pool heaters and
 1913  oil-fired pool heaters shall not be less than 78 percent.
 1914         (d) All pool heaters shall have a readily accessible on-off
 1915  switch that is mounted outside the heater and that allows
 1916  shutting off the heater without adjusting the thermostat
 1917  setting.
 1918         (4)(a) Residential swimming pool filtration pumps and pump
 1919  motors manufactured on or after July 1, 2011, must comply with
 1920  the requirements in this subsection.
 1921         (b) Residential filtration pool pump motors shall not be
 1922  split-phase, shaded-pole, or capacitor start-induction run
 1923  types.
 1924         (c) Residential filtration pool pumps and pool pump motors
 1925  with a total horsepower of 1 HP or more shall have the
 1926  capability of operating at two or more speeds with a low speed
 1927  having a rotation rate that is no more than one-half of the
 1928  motor’s maximum rotation rate.
 1929         (d) Residential filtration pool pump motor controls shall
 1930  have the capability of operating the pool pump at a minimum of
 1931  two speeds. The default circulation speed shall be the
 1932  residential filtration speed, with a higher speed override
 1933  capability being for a temporary period not to exceed one normal
 1934  cycle or 24 hours 120 minutes, whichever is less; except that
 1935  circulation speed for solar pool heating systems shall be
 1936  permitted to run at higher speeds during periods of usable solar
 1937  heat gain.
 1938         Section 44. Section 553.912, Florida Statutes, is amended
 1939  to read:
 1940         553.912 Air conditioners.—All air conditioners that which
 1941  are sold or installed in the state shall meet the minimum
 1942  efficiency ratings of the Florida Energy Efficiency Code for
 1943  Building Construction. These efficiency ratings shall be
 1944  minimums and may be updated in the Florida Energy Efficiency
 1945  Code for Building Construction by the department in accordance
 1946  with s. 553.901, following its determination that more cost
 1947  effective energy-saving equipment and techniques are available.
 1948  It is the intent of the Legislature that all replacement air
 1949  conditioning systems should be installed using energy-saving,
 1950  quality installation procedures, including, but not limited to,
 1951  equipment sizing analysis and duct inspection.
 1952         Section 45. Subsection (2) of section 627.711, Florida
 1953  Statutes, is amended to read:
 1954         627.711 Notice of premium discounts for hurricane loss
 1955  mitigation; uniform mitigation verification inspection form.—
 1956         (2) By July 1, 2007, the Financial Services Commission
 1957  shall develop by rule a uniform mitigation verification
 1958  inspection form that shall be used by all insurers when
 1959  submitted by policyholders for the purpose of factoring
 1960  discounts for wind insurance. In developing the form, the
 1961  commission shall seek input from insurance, construction, and
 1962  building code representatives. Further, the commission shall
 1963  provide guidance as to the length of time the inspection results
 1964  are valid. An insurer shall accept as valid a uniform mitigation
 1965  verification form certified by the Department of Financial
 1966  Services or signed by:
 1967         (a) A hurricane mitigation inspector certified by the My
 1968  Safe Florida Home program;
 1969         (b) A building code inspector certified under s. 468.607;
 1970         (c) A general, building, or residential contractor licensed
 1971  under s. 489.111;
 1972         (d) A professional engineer licensed under s. 471.015 who
 1973  has passed the appropriate equivalency test of the Building Code
 1974  Training Program as required by s. 553.841;
 1975         (e) A professional architect licensed under s. 481.213; or
 1976         (f) A home inspector licensed under s. 468.8314 who has
 1977  completed at least 2 hours of mitigation training; or
 1978         (g)(f) Any other individual or entity recognized by the
 1979  insurer as possessing the necessary qualifications to properly
 1980  complete a uniform mitigation verification form.
 1981         Section 46. Subsections (7) through (28) of section
 1982  633.021, Florida Statutes, are renumbered as subsections (8)
 1983  through (29), respectively, a new subsection (7) is added to
 1984  that section, and present subsection (20) of that section is
 1985  amended, to read:
 1986         633.021 Definitions.—As used in this chapter:
 1987         (7)(a) “Fire equipment dealer Class A” means a licensed
 1988  fire equipment dealer whose business is limited to servicing,
 1989  recharging, repairing, installing, or inspecting all types of
 1990  fire extinguishers and conducting hydrostatic tests on all types
 1991  of fire extinguishers.
 1992         (b) “Fire equipment dealer Class B” means a licensed fire
 1993  equipment dealer whose business is limited to servicing,
 1994  recharging, repairing, installing, or inspecting all types of
 1995  fire extinguishers, including recharging carbon dioxide units
 1996  and conducting hydrostatic tests on all types of fire
 1997  extinguishers, except carbon dioxide units.
 1998         (c) “Fire equipment dealer Class C” means a licensed fire
 1999  equipment dealer whose business is limited to servicing,
 2000  recharging, repairing, installing, or inspecting all types of
 2001  fire extinguishers, except recharging carbon dioxide units, and
 2002  conducting hydrostatic tests on all types of fire extinguishers,
 2003  except carbon dioxide units.
 2004         (d) “Fire equipment dealer Class D” means a licensed fire
 2005  equipment dealer whose business is limited to servicing,
 2006  recharging, repairing, installing, hydrotesting, or inspecting
 2007  of all types of preengineered fire extinguishing systems.
 2008         (21)(a)(20) A “preengineered system” is a fire suppression
 2009  system that which:
 2010         1.(a) Uses any of a variety of extinguishing agents.
 2011         2.(b) Is designed to protect specific hazards.
 2012         3.(c) Must be installed according to pretested limitations
 2013  and configurations specified by the manufacturer and applicable
 2014  National Fire Protection Association (NFPA) standards. Only
 2015  those chapters within the National Fire Protection Association
 2016  standards which pertain to servicing, recharging, repairing,
 2017  installing, hydrotesting, or inspecting any type of
 2018  preengineered fire extinguishing system may be used.
 2019         4.(d) Must be installed using components specified by the
 2020  manufacturer or components that are listed as equal parts by a
 2021  nationally recognized testing laboratory such as Underwriters
 2022  Laboratories, Inc., or Factory Mutual Laboratories, Inc.
 2023         5.(e) Must be listed by a nationally recognized testing
 2024  laboratory.
 2025         (b) Preengineered systems consist of and include all of the
 2026  components and parts providing fire suppression protection, but
 2027  do not include the equipment being protected, and may
 2028  incorporate special nozzles, flow rates, methods of application,
 2029  pressurization levels, and quantities of agents designed by the
 2030  manufacturer for specific hazards.
 2031         Section 47. Paragraph (b) of subsection (3) of section
 2032  633.0215, Florida Statutes, is amended, and subsections (13) and
 2033  (14) are added to that section, to read:
 2034         633.0215 Florida Fire Prevention Code.—
 2035         (3) No later than 180 days before the triennial adoption of
 2036  the Florida Fire Prevention Code, the State Fire Marshal shall
 2037  notify each municipal, county, and special district fire
 2038  department of the triennial code adoption and steps necessary
 2039  for local amendments to be included within the code. No later
 2040  than 120 days before the triennial adoption of the Florida Fire
 2041  Prevention Code, each local jurisdiction shall provide the State
 2042  Fire Marshal with copies of its local fire code amendments. The
 2043  State Fire Marshal has the option to process local fire code
 2044  amendments that are received less than 120 days before the
 2045  adoption date of the Florida Fire Prevention Code.
 2046         (b) Any local amendment to the Florida Fire Prevention Code
 2047  adopted by a local government shall be effective only until the
 2048  adoption of the new edition of the Florida Fire Prevention Code,
 2049  which shall be every third year. At such time, the State Fire
 2050  Marshal shall adopt such amendment as part of the Florida Fire
 2051  Prevention Code or rescind the amendment. The State Fire Marshal
 2052  shall immediately notify the respective local government of the
 2053  rescission of the amendment and the reason for the rescission.
 2054  After receiving such notice, the respective local government may
 2055  readopt the rescinded amendment. Incorporation of local
 2056  amendments as regional and local concerns and variations shall
 2057  be considered as adoption of an amendment pursuant to this
 2058  section part.
 2059         (13)(a) The State Fire Marshal shall issue an expedited
 2060  declaratory statement relating to interpretations of provisions
 2061  of the Florida Fire Prevention Code according to the following
 2062  guidelines:
 2063         1. The declaratory statement shall be rendered in
 2064  accordance with s. 120.565, except that a final decision must be
 2065  issued by the State Fire Marshal within 45 days after the
 2066  division’s receipt of a petition seeking an expedited
 2067  declaratory statement. The State Fire Marshal shall give notice
 2068  of the petition and the expedited declaratory statement or the
 2069  denial of the petition in the next available issue of the
 2070  Florida Administrative Weekly after the petition is filed and
 2071  after the statement or denial is rendered.
 2072         2. The petitioner must be the owner of the disputed project
 2073  or the owner’s representative.
 2074         3. The petition for an expedited declaratory statement must
 2075  be:
 2076         a. Related to an active project that is under construction
 2077  or must have been submitted for a permit.
 2078         b. The subject of a written notice citing a specific
 2079  provision of the Florida Fire Prevention Code which is in
 2080  dispute.
 2081         c. Limited to a single question that is capable of being
 2082  answered with a “yes” or “no” response.
 2083         (b) A petition for a declaratory statement which does not
 2084  meet all of the requirements of this subsection must be denied
 2085  without prejudice. This subsection does not affect the right of
 2086  the petitioner as a substantially affected person to seek a
 2087  declaratory statement under s. 633.01(6).
 2088         (14) A condominium that is one or two stories in height and
 2089  has an exterior corridor providing a means of egress is exempt
 2090  from installing a manual fire alarm system as required in s. 9.6
 2091  of the most recent edition of the Life Safety Code adopted in
 2092  the Florida Fire Prevention Code.
 2093         Section 48. Subsections (2) and (10) of section 633.0245,
 2094  Florida Statutes, are amended to read:
 2095         633.0245 State Fire Marshal Nursing Home Fire Protection
 2096  Loan Guarantee Program.—
 2097         (2) The State Fire Marshal may enter into limited loan
 2098  guarantee agreements with one or more financial institutions
 2099  qualified as public depositories in this state. Such agreements
 2100  shall provide a limited guarantee by the State of Florida
 2101  covering no more than 50 percent of the principal sum loaned by
 2102  such financial institution to an eligible nursing home, as
 2103  defined in subsection (10), for the sole purpose of the initial
 2104  installation at such nursing home of a fire protection system,
 2105  as defined in s. 633.021(10)(9), approved by the State Fire
 2106  Marshal as being in compliance with the provisions of s. 633.022
 2107  and rules adopted thereunder.
 2108         (10) For purposes of this section, “eligible nursing home”
 2109  means a nursing home facility that provides nursing services as
 2110  defined in chapter 464, is licensed under part II of chapter
 2111  400, and is certified by the Agency for Health Care
 2112  Administration to lack an installed fire protection system as
 2113  defined in s. 633.021(10)(9).
 2114         Section 49. Subsection (11) is added to section 633.025,
 2115  Florida Statutes, to read:
 2116         633.025 Minimum firesafety standards.—
 2117         (11)Notwithstanding the provisions of subsection (9), a
 2118  property owner shall not be required to install fire sprinklers
 2119  in any residential property based on the use of such property as
 2120  a rental property or any change in or reclassification of the
 2121  property’s primary use to a rental property.
 2122         Section 50. Section 633.026, Florida Statutes, is amended
 2123  to read:
 2124         633.026 Legislative intent; informal interpretations of the
 2125  Florida Fire Prevention Code.—It is the intent of the
 2126  Legislature that the Florida Fire Prevention Code be interpreted
 2127  by fire officials and local enforcement agencies in a manner
 2128  that reasonably and cost-effectively protects the public safety,
 2129  health, and welfare, ensures uniform interpretations throughout
 2130  this state, and provides just and expeditious processes for
 2131  resolving disputes regarding such interpretations. It is the
 2132  further intent of the Legislature that such processes provide
 2133  for the expeditious resolution of the issues presented and that
 2134  the resulting interpretation of such issues be published on the
 2135  website of the Division of State Fire Marshal.
 2136         (1) The Division of State Fire Marshal shall by rule
 2137  establish an informal process of rendering nonbinding
 2138  interpretations of the Florida Fire Prevention Code. The
 2139  Division of State Fire Marshal may contract with and refer
 2140  interpretive issues to a third party, selected based upon cost
 2141  effectiveness, quality of services to be performed, and other
 2142  performance-based criteria, which nonprofit organization that
 2143  has experience in interpreting and enforcing the Florida Fire
 2144  Prevention Code. The Division of State Fire Marshal shall
 2145  immediately implement the process prior to the completion of
 2146  formal rulemaking. It is the intent of the Legislature that the
 2147  Division of State Fire Marshal establish create a Fire Code
 2148  Interpretation Committee composed of seven persons and seven
 2149  alternates, equally representing each area of the state process
 2150  to refer questions to a small group of individuals certified
 2151  under s. 633.081(2), to which a party can pose questions
 2152  regarding the interpretation of the Florida Fire Prevention Code
 2153  provisions.
 2154         (2) Each member and alternate member of the Fire Code
 2155  Interpretation Committee must be certified as a firesafety
 2156  inspector pursuant to s. 633.081(2) and must have a minimum of 5
 2157  years of experience interpreting and enforcing the Florida Fire
 2158  Prevention Code and the Life Safety Code. Each member and
 2159  alternate member must be approved by the Division of State Fire
 2160  Marshal and deemed by the division to have met these
 2161  requirements for at least 30 days before participating in a
 2162  review of a nonbinding interpretation. It is the intent of the
 2163  Legislature that the process provide for the expeditious
 2164  resolution of the issues presented and publication of the
 2165  resulting interpretation on the website of the Division of State
 2166  Fire Marshal. It is the intent of the Legislature that this
 2167  program be similar to the program established by the Florida
 2168  Building Commission in s. 553.775(3)(g).
 2169         (3) Each nonbinding interpretation of code provisions must
 2170  be provided within 10 business days after receipt of a request
 2171  for interpretation. The response period established in this
 2172  subsection may be waived only with the written consent of the
 2173  party requesting the nonbinding interpretation and the Division
 2174  of State Fire Marshal. Nonbinding Such interpretations shall be
 2175  advisory only and nonbinding on the parties or the State Fire
 2176  Marshal.
 2177         (4) In order to administer this section, the Division of
 2178  State Fire Marshal shall charge department may adopt by rule and
 2179  impose a fee for nonbinding interpretations, with payment made
 2180  directly to the third party. The fee may not exceed $150 for
 2181  each request for a review or interpretation. The division may
 2182  authorize payment of fees directly to the nonprofit organization
 2183  under contract pursuant to subsection (1).
 2184         (5) A party requesting a nonbinding interpretation who
 2185  disagrees with the interpretation issued under this section may
 2186  apply for a formal interpretation from the State Fire Marshal
 2187  pursuant to s. 633.01(6).
 2188         (6) The Division of State Fire Marshal shall issue or cause
 2189  to be issued a nonbinding interpretation of the Florida Fire
 2190  Prevention Code pursuant to this section when requested to do so
 2191  upon submission of a petition by a fire official or by the owner
 2192  or owner’s representative or the contractor or contractor’s
 2193  representative of a project in dispute. The division shall adopt
 2194  a petition form by rule and the petition form must be published
 2195  on the State Fire Marshal’s website. The form shall, at a
 2196  minimum, require:
 2197         (a) The name and address of the local fire official,
 2198  including the address of the county, municipality, or special
 2199  district.
 2200         (b) The name and address of the owner or owner’s
 2201  representative or the contractor or contractor’s representative.
 2202         (c) A statement of the specific sections of the Florida
 2203  Fire Prevention Code being interpreted by the local fire
 2204  official.
 2205         (d) An explanation of how the petitioner’s substantial
 2206  interests are being affected by the local interpretation of the
 2207  Florida Fire Prevention Code.
 2208         (e) A statement of the interpretation of the specific
 2209  sections of the Florida Fire Prevention Code by the local fire
 2210  official.
 2211         (f) A statement of the interpretation that the petitioner
 2212  contends should be given to the specific sections of the Florida
 2213  Fire Prevention Code and a statement supporting the petitioner’s
 2214  interpretation.
 2215         (7) Upon receipt of a petition that meets the requirements
 2216  of subsection (6), the Division of State Fire Marshal shall
 2217  immediately provide copies of the petition to the Fire Code
 2218  Interpretation Committee, and shall publish the petition and any
 2219  response submitted by the local fire official on the State Fire
 2220  Marshal’s website.
 2221         (8) The committee shall conduct proceedings as necessary to
 2222  resolve the issues and give due regard to the petition, the
 2223  facts of the matter at issue, specific code sections cited, and
 2224  any statutory implications affecting the Florida Fire Prevention
 2225  Code. The committee shall issue an interpretation regarding the
 2226  provisions of the Florida Fire Prevention Code within 10 days
 2227  after the filing of a petition. The committee shall issue an
 2228  interpretation based upon the Florida Fire Prevention Code or,
 2229  if the code is ambiguous, the intent of the code. The
 2230  committee’s interpretation shall be provided to the petitioner
 2231  and shall include a notice that if the petitioner disagrees with
 2232  the interpretation, the petitioner may file a request for formal
 2233  interpretation by the State Fire Marshal under s. 633.01(6). The
 2234  committee’s interpretation shall be provided to the State Fire
 2235  Marshal, and the division shall publish the interpretation on
 2236  the State Fire Marshal’s website and in the Florida
 2237  Administrative Weekly.
 2238         Section 51. Present subsections (2) through (10) of section
 2239  633.061, Florida Statutes, are renumbered as subsections (3)
 2240  through (11), respectively, a new subsection (2) is added to
 2241  that section, and paragraphs (a) and (c) of present subsection
 2242  (3) of that section are amended, to read:
 2243         633.061 Fire suppression equipment; license to install or
 2244  maintain.—
 2245         (2) A person who holds a valid fire equipment dealer
 2246  license may maintain such license in an inactive status during
 2247  which time he or she may not engage in any work under the
 2248  definition of the license held. An inactive status license shall
 2249  be void after 2 years or at the time that the license is
 2250  renewed, whichever comes first. The biennial renewal fee for an
 2251  inactive status license shall be $75. An inactive status license
 2252  may not be reactivated unless the continuing education
 2253  requirements of this chapter have been fulfilled.
 2254         (4)(3)(a) Such licenses and permits shall be issued by the
 2255  State Fire Marshal for 2 years beginning January 1, 2000, and
 2256  each 2-year period thereafter and expiring December 31 of the
 2257  second year. All licenses or permits issued will expire on
 2258  December 31 of each odd-numbered year. The failure to renew a
 2259  license or permit by December 31 of the second year will cause
 2260  the license or permit to become inoperative. The holder of an
 2261  inoperative license or permit shall not engage in any activities
 2262  for which a license or permit is required by this section. A
 2263  license or permit which is inoperative because of the failure to
 2264  renew it shall be restored upon payment of the applicable fee
 2265  plus a penalty equal to the applicable fee, if the application
 2266  for renewal is filed no later than the following March 31. If
 2267  the application for restoration is not made before the March
 2268  31st deadline, the fee for restoration shall be equal to the
 2269  original application fee and the penalty provided for herein,
 2270  and, in addition, the State Fire Marshal shall require
 2271  reexamination of the applicant. The fee for a license or permit
 2272  issued for 1 year or less shall be prorated at 50 percent of the
 2273  applicable fee for a biennial license or permit. After initial
 2274  licensure, each licensee or permittee must shall successfully
 2275  complete a course or courses of continuing education for fire
 2276  equipment technicians of at least 16 32 hours. A license or
 2277  permit may not be renewed unless the licensee or permittee
 2278  produces documentation of the completion of at least 16 hours of
 2279  continuing education for fire equipment technicians during the
 2280  biennial licensure period within 4 years of initial issuance of
 2281  a license or permit and within each 4-year period thereafter or
 2282  no such license or permit shall be renewed. A person who is both
 2283  a licensee and a permittee shall be required to complete 16 32
 2284  hours of continuing education during each renewal per 4-year
 2285  period. Each licensee shall ensure that all permittees in his or
 2286  her employment meet their continuing education requirements. The
 2287  State Fire Marshal shall adopt rules describing the continuing
 2288  education requirements and shall have the authority upon
 2289  reasonable belief, to audit a fire equipment dealer to determine
 2290  compliance with continuing education requirements.
 2291         (c) A license of any class shall not be issued or renewed
 2292  by the State Fire Marshal and a license of any class shall not
 2293  remain operative unless:
 2294         1. The applicant has submitted to the State Fire Marshal
 2295  evidence of registration as a Florida corporation or evidence of
 2296  compliance with s. 865.09.
 2297         2. The State Fire Marshal or his or her designee has by
 2298  inspection determined that the applicant possesses the equipment
 2299  required for the class of license sought. The State Fire Marshal
 2300  shall give an applicant a reasonable opportunity to correct any
 2301  deficiencies discovered by inspection. A fee of $50, payable to
 2302  the State Fire Marshal, shall be required for any subsequent
 2303  reinspection.
 2304         3. The applicant has submitted to the State Fire Marshal
 2305  proof of insurance providing coverage for comprehensive general
 2306  liability for bodily injury and property damage, products
 2307  liability, completed operations, and contractual liability. The
 2308  State Fire Marshal shall adopt rules providing for the amounts
 2309  of such coverage, but such amounts shall not be less than
 2310  $300,000 for Class A or Class D licenses, $200,000 for Class B
 2311  licenses, and $100,000 for Class C licenses; and the total
 2312  coverage for any class of license held in conjunction with a
 2313  Class D license shall not be less than $300,000. The State Fire
 2314  Marshal may, at any time after the issuance of a license or its
 2315  renewal, require upon demand, and in no event more than 30 days
 2316  after notice of such demand, the licensee to provide proof of
 2317  insurance, on a form provided by the State Fire Marshal,
 2318  containing confirmation of insurance coverage as required by
 2319  this chapter. Failure, for any length of time, to provide proof
 2320  of insurance coverage as required shall result in the immediate
 2321  suspension of the license until proof of proper insurance is
 2322  provided to the State Fire Marshal. An insurer which provides
 2323  such coverage shall notify the State Fire Marshal of any change
 2324  in coverage or of any termination, cancellation, or nonrenewal
 2325  of any coverage.
 2326         4. The applicant applies to the State Fire Marshal,
 2327  provides proof of experience, and successfully completes a
 2328  prescribed training course offered by the State Fire College or
 2329  an equivalent course approved by the State Fire Marshal. This
 2330  subparagraph does not apply to any holder of or applicant for a
 2331  permit under paragraph (f) or to a business organization or a
 2332  governmental entity seeking initial licensure or renewal of an
 2333  existing license solely for the purpose of inspecting,
 2334  servicing, repairing, marking, recharging, and maintaining fire
 2335  extinguishers used and located on the premises of and owned by
 2336  such organization or entity.
 2337         5. The applicant has a current retestor identification
 2338  number that is appropriate for the license for which the
 2339  applicant is applying and that is listed with the United States
 2340  Department of Transportation.
 2341         6. The applicant has passed, with a grade of at least 70
 2342  percent, a written examination testing his or her knowledge of
 2343  the rules and statutes regulating the activities authorized by
 2344  the license and demonstrating his or her knowledge and ability
 2345  to perform those tasks in a competent, lawful, and safe manner.
 2346  Such examination shall be developed and administered by the
 2347  State Fire Marshal, or his or her designee in accordance with
 2348  policies and procedures of the State Fire Marshal. An applicant
 2349  shall pay a nonrefundable examination fee of $50 for each
 2350  examination or reexamination scheduled. No reexamination shall
 2351  be scheduled sooner than 30 days after any administration of an
 2352  examination to an applicant. No applicant shall be permitted to
 2353  take an examination for any level of license more than a total
 2354  of four times during 1 year, regardless of the number of
 2355  applications submitted. As a prerequisite to licensure of the
 2356  applicant:
 2357         a. Must be at least 18 years of age.
 2358         b. Must have 4 years of proven experience as a fire
 2359  equipment permittee at a level equal to or greater than the
 2360  level of license applied for or have a combination of education
 2361  and experience determined to be equivalent thereto by the State
 2362  Fire Marshal. Having held a permit at the appropriate level for
 2363  the required period constitutes the required experience.
 2364         c. Must not have been convicted of, or pled nolo contendere
 2365  to, any felony. If an applicant has been convicted of any such
 2366  felony, the applicant must comply with s. 112.011(1)(b).
 2367  
 2368  This subparagraph does not apply to any holder of or applicant
 2369  for a permit under paragraph (f) or to a business organization
 2370  or a governmental entity seeking initial licensure or renewal of
 2371  an existing license solely for the purpose of inspecting,
 2372  servicing, repairing, marking, recharging, hydrotesting, and
 2373  maintaining fire extinguishers used and located on the premises
 2374  of and owned by such organization or entity.
 2375         Section 52. Section 633.081, Florida Statutes, is amended
 2376  to read:
 2377         633.081 Inspection of buildings and equipment; orders;
 2378  firesafety inspection training requirements; certification;
 2379  disciplinary action.—The State Fire Marshal and her or his
 2380  agents shall, at any reasonable hour, when the State Fire
 2381  Marshal department has reasonable cause to believe that a
 2382  violation of this chapter or s. 509.215, or a rule promulgated
 2383  thereunder, or a minimum firesafety code adopted by a local
 2384  authority, may exist, inspect any and all buildings and
 2385  structures which are subject to the requirements of this chapter
 2386  or s. 509.215 and rules promulgated thereunder. The authority to
 2387  inspect shall extend to all equipment, vehicles, and chemicals
 2388  which are located within the premises of any such building or
 2389  structure.
 2390         (1) Each county, municipality, and special district that
 2391  has firesafety enforcement responsibilities shall employ or
 2392  contract with a firesafety inspector. Except as provided in s.
 2393  633.082(2), the firesafety inspector must conduct all firesafety
 2394  inspections that are required by law. The governing body of a
 2395  county, municipality, or special district that has firesafety
 2396  enforcement responsibilities may provide a schedule of fees to
 2397  pay only the costs of inspections conducted pursuant to this
 2398  subsection and related administrative expenses. Two or more
 2399  counties, municipalities, or special districts that have
 2400  firesafety enforcement responsibilities may jointly employ or
 2401  contract with a firesafety inspector.
 2402         (2) Except as provided in s. 633.082(2), every firesafety
 2403  inspection conducted pursuant to state or local firesafety
 2404  requirements shall be by a person certified as having met the
 2405  inspection training requirements set by the State Fire Marshal.
 2406  Such person shall:
 2407         (a) Be a high school graduate or the equivalent as
 2408  determined by the department;
 2409         (b) Not have been found guilty of, or having pleaded guilty
 2410  or nolo contendere to, a felony or a crime punishable by
 2411  imprisonment of 1 year or more under the law of the United
 2412  States, or of any state thereof, which involves moral turpitude,
 2413  without regard to whether a judgment of conviction has been
 2414  entered by the court having jurisdiction of such cases;
 2415         (c) Have her or his fingerprints on file with the
 2416  department or with an agency designated by the department;
 2417         (d) Have good moral character as determined by the
 2418  department;
 2419         (e) Be at least 18 years of age;
 2420         (f) Have satisfactorily completed the firesafety inspector
 2421  certification examination as prescribed by the department; and
 2422         (g)1. Have satisfactorily completed, as determined by the
 2423  department, a firesafety inspector training program of not less
 2424  than 200 hours established by the department and administered by
 2425  agencies and institutions approved by the department for the
 2426  purpose of providing basic certification training for firesafety
 2427  inspectors; or
 2428         2. Have received in another state training which is
 2429  determined by the department to be at least equivalent to that
 2430  required by the department for approved firesafety inspector
 2431  education and training programs in this state.
 2432         (3) Each special state firesafety inspection which is
 2433  required by law and is conducted by or on behalf of an agency of
 2434  the state must be performed by an individual who has met the
 2435  provision of subsection (2), except that the duration of the
 2436  training program shall not exceed 120 hours of specific training
 2437  for the type of property that such special state firesafety
 2438  inspectors are assigned to inspect.
 2439         (4) A firefighter certified pursuant to s. 633.35 may
 2440  conduct firesafety inspections, under the supervision of a
 2441  certified firesafety inspector, while on duty as a member of a
 2442  fire department company conducting inservice firesafety
 2443  inspections without being certified as a firesafety inspector,
 2444  if such firefighter has satisfactorily completed an inservice
 2445  fire department company inspector training program of at least
 2446  24 hours’ duration as provided by rule of the department.
 2447         (5) Every firesafety inspector or special state firesafety
 2448  inspector certificate is valid for a period of 3 years from the
 2449  date of issuance. Renewal of certification shall be subject to
 2450  the affected person’s completing proper application for renewal
 2451  and meeting all of the requirements for renewal as established
 2452  under this chapter or by rule promulgated thereunder, which
 2453  shall include completion of at least 40 hours during the
 2454  preceding 3-year period of continuing education as required by
 2455  the rule of the department or, in lieu thereof, successful
 2456  passage of an examination as established by the department.
 2457         (6) The State Fire Marshal may deny, refuse to renew,
 2458  suspend, or revoke the certificate of a firesafety inspector or
 2459  special state firesafety inspector if it finds that any of the
 2460  following grounds exist:
 2461         (a) Any cause for which issuance of a certificate could
 2462  have been refused had it then existed and been known to the
 2463  State Fire Marshal.
 2464         (b) Violation of this chapter or any rule or order of the
 2465  State Fire Marshal.
 2466         (c) Falsification of records relating to the certificate.
 2467         (d) Having been found guilty of or having pleaded guilty or
 2468  nolo contendere to a felony, whether or not a judgment of
 2469  conviction has been entered.
 2470         (e) Failure to meet any of the renewal requirements.
 2471         (f) Having been convicted of a crime in any jurisdiction
 2472  which directly relates to the practice of fire code inspection,
 2473  plan review, or administration.
 2474         (g) Making or filing a report or record that the
 2475  certificateholder knows to be false, or knowingly inducing
 2476  another to file a false report or record, or knowingly failing
 2477  to file a report or record required by state or local law, or
 2478  knowingly impeding or obstructing such filing, or knowingly
 2479  inducing another person to impede or obstruct such filing.
 2480         (h) Failing to properly enforce applicable fire codes or
 2481  permit requirements within this state which the
 2482  certificateholder knows are applicable by committing willful
 2483  misconduct, gross negligence, gross misconduct, repeated
 2484  negligence, or negligence resulting in a significant danger to
 2485  life or property.
 2486         (i) Accepting labor, services, or materials at no charge or
 2487  at a noncompetitive rate from any person who performs work that
 2488  is under the enforcement authority of the certificateholder and
 2489  who is not an immediate family member of the certificateholder.
 2490  For the purpose of this paragraph, the term “immediate family
 2491  member” means a spouse, child, parent, sibling, grandparent,
 2492  aunt, uncle, or first cousin of the person or the person’s
 2493  spouse or any person who resides in the primary residence of the
 2494  certificateholder.
 2495         (7) The Division of State Fire Marshal and the Florida
 2496  Building Code Administrators and Inspectors Board, established
 2497  pursuant to under s. 468.605, shall enter into a reciprocity
 2498  agreement to facilitate joint recognition of continuing
 2499  education recertification hours for certificateholders licensed
 2500  under s. 468.609 and firesafety inspectors certified under
 2501  subsection (2).
 2502         (8) The State Fire Marshal shall develop by rule an
 2503  advanced training and certification program for firesafety
 2504  inspectors having fire code management responsibilities. The
 2505  program must be consistent with the appropriate provisions of
 2506  NFPA 1037, or similar standards adopted by the division, and
 2507  establish minimum training, education, and experience levels for
 2508  firesafety inspectors having fire code management
 2509  responsibilities.
 2510         (9)(7) The department shall provide by rule for the
 2511  certification of firesafety inspectors.
 2512         Section 53. Subsections (2) and (3) of section 633.082,
 2513  Florida Statutes, are amended to read:
 2514         633.082 Inspection of fire control systems, fire hydrants,
 2515  and fire protection systems.—
 2516         (2) Fire hydrants and fire protection systems installed in
 2517  public and private properties, except one-family or two-family
 2518  dwellings, in this state shall be inspected following procedures
 2519  established in the nationally recognized inspection, testing,
 2520  and maintenance standards publications NFPA-24 and NFPA-25 as
 2521  set forth in the edition adopted by the State Fire Marshal.
 2522  Quarterly, annual, 3-year, and 5-year inspections consistent
 2523  with the contractual provisions with the owner shall be
 2524  conducted by the certificateholder or permittees employed by the
 2525  certificateholder pursuant to s. 633.521, except that:
 2526         (a) Public fire hydrants owned by a governmental entity
 2527  shall be inspected following procedures established in the
 2528  inspection, testing, and maintenance standards adopted by the
 2529  State Fire Marshal or equivalent standards such as those
 2530  contained in the latest edition of the American Water Works
 2531  Association’s Manual M17, “Installation, Field Testing, and
 2532  Maintenance of Fire Hydrants.”
 2533         (b) County, municipal, and special district utilities may
 2534  perform fire hydrant inspections required by this section using
 2535  designated employees. Such designated employees need not be
 2536  certified under this chapter. However, counties, municipalities,
 2537  or special districts that use designated employees are
 2538  responsible for ensuring that the designated employees are
 2539  qualified to perform such inspections.
 2540         (3) The inspecting contractor shall provide to the building
 2541  owner or hydrant owner and the local authority having
 2542  jurisdiction a copy of the applicable inspection report
 2543  established under this chapter. The maintenance of fire hydrant
 2544  and fire protection systems as well as corrective actions on
 2545  deficient systems is the responsibility of the owner of the
 2546  system or hydrant. Equipment requiring periodic testing or
 2547  operation to ensure its maintenance shall be tested or operated
 2548  as specified in the Fire Prevention Code, Life Safety Code,
 2549  National Fire Protection Association standards, or as directed
 2550  by the agency having jurisdiction, provided that such agency
 2551  shall not require a sprinkler system not required by the Fire
 2552  Prevention Code, Life Safety Code or National Fire Protection
 2553  Association Standards to be removed regardless of its condition.
 2554  This section does not prohibit governmental entities from
 2555  inspecting and enforcing firesafety codes.
 2556         Section 54. Section 633.352, Florida Statutes, is amended
 2557  to read:
 2558         633.352 Retention of firefighter certification.—Any
 2559  certified firefighter who has not been active as a firefighter,
 2560  or as a volunteer firefighter with an organized fire department,
 2561  for a period of 3 years shall be required to retake the
 2562  practical portion of the minimum standards state examination
 2563  specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
 2564  Administrative Code, in order to maintain her or his
 2565  certification as a firefighter; however, this requirement does
 2566  not apply to state-certified firefighters who are certified and
 2567  employed as full-time firesafety inspectors or firesafety
 2568  instructors, regardless of the firefighter’s employment status
 2569  as determined by the division. The 3-year period begins on the
 2570  date the certificate of compliance is issued or upon termination
 2571  of service with an organized fire department.
 2572         Section 55. Paragraph (e) of subsection (2) and subsections
 2573  (3), (10), and (11) of section 633.521, Florida Statutes, are
 2574  amended to read:
 2575         633.521 Certificate application and issuance; permit
 2576  issuance; examination and investigation of applicant.—
 2577         (2)
 2578         (e) An applicant may not be examined more than four times
 2579  during 1 year for certification as a contractor pursuant to this
 2580  section unless the person is or has been certified and is taking
 2581  the examination to change classifications. If an applicant does
 2582  not pass one or more parts of the examination, she or he may
 2583  take any part of the examination three more times during the 1
 2584  year period beginning upon the date she or he originally filed
 2585  an application to take the examination. If the applicant does
 2586  not pass the examination within that 1-year period, she or he
 2587  must file a new application and pay the application and
 2588  examination fees in order to take the examination or a part of
 2589  the examination again. However, the applicant may not file a new
 2590  application sooner than 6 months after the date of her or his
 2591  last examination. An applicant who passes the examination but
 2592  does not meet the remaining qualifications as provided in
 2593  applicable statutes and rules within 1 year after the
 2594  application date must file a new application, pay the
 2595  application and examination fee, successfully complete a
 2596  prescribed training course approved by the State Fire College or
 2597  an equivalent course approved by the State Fire Marshal, and
 2598  retake and pass the written examination.
 2599         (3)(a) As a prerequisite to taking the examination for
 2600  certification as a Contractor I, Contractor II, or Contractor
 2601  III, the applicant must be at least 18 years of age, be of good
 2602  moral character, and shall possess 4 years’ proven experience in
 2603  the employment of a fire protection system Contractor I,
 2604  Contractor II, or Contractor III or a combination of equivalent
 2605  education and experience in both water-based and chemical fire
 2606  suppression systems.
 2607         (b) As a prerequisite to taking the examination for
 2608  certification as a Contractor II, the applicant must be at least
 2609  18 years of age, be of good moral character, and have 4 years of
 2610  verifiable employment experience with a fire protection system
 2611  as a Contractor I or Contractor II, or a combination of
 2612  equivalent education and experience in water-based fire
 2613  suppression systems.
 2614         (c) Required education and experience for certification as
 2615  a Contractor I, Contractor II, Contractor III, or Contractor IV
 2616  includes training and experience in both installation and system
 2617  layout as defined in s. 633.021.
 2618         (d) As a prerequisite to taking the examination for
 2619  certification as a Contractor III, the applicant must be at
 2620  least 18 years of age, be of good moral character, and have 4
 2621  years of verifiable employment experience with a fire protection
 2622  system as a Contractor I or Contractor II, or a combination of
 2623  equivalent education and experience in chemical fire suppression
 2624  systems.
 2625         (e) As a prerequisite to taking the examination for
 2626  certification as a Contractor IV, the applicant must shall be at
 2627  least 18 years old, be of good moral character, be licensed as a
 2628  certified plumbing contractor under chapter 489, and
 2629  successfully complete a training program acceptable to the State
 2630  Fire Marshal of not less than 40 contact hours regarding the
 2631  applicable installation standard used by the Contractor IV as
 2632  described in NFPA 13D. The State Fire Marshal may adopt rules to
 2633  administer this subsection have at least 2 years’ proven
 2634  experience in the employment of a fire protection system
 2635  Contractor I, Contractor II, Contractor III, or Contractor IV or
 2636  combination of equivalent education and experience which
 2637  combination need not include experience in the employment of a
 2638  fire protection system contractor.
 2639         (f) As a prerequisite to taking the examination for
 2640  certification as a Contractor V, the applicant must shall be at
 2641  least 18 years old, be of good moral character, and have been
 2642  licensed as a certified underground utility and excavation
 2643  contractor or certified plumbing contractor pursuant to chapter
 2644  489, have verification by an individual who is licensed as a
 2645  certified utility contractor or certified plumbing contractor
 2646  pursuant to chapter 489 that the applicant has 4 years’ proven
 2647  experience in the employ of a certified underground utility and
 2648  excavation contractor or certified plumbing contractor, or have
 2649  a combination of education and experience equivalent to 4 years’
 2650  proven experience in the employ of a certified underground
 2651  utility and excavation contractor or certified plumbing
 2652  contractor.
 2653         (g) Within 30 days after the date of the examination, the
 2654  State Fire Marshal shall inform the applicant in writing whether
 2655  she or he has qualified or not and, if the applicant has
 2656  qualified, that she or he is ready to issue a certificate of
 2657  competency, subject to compliance with the requirements of
 2658  subsection (4).
 2659         (10) Effective July 1, 2008, The State Fire Marshal shall
 2660  require the National Institute of Certification in Engineering
 2661  Technologies (NICET), Sub-field of Inspection and Testing of
 2662  Fire Protection Systems Level II or equivalent training and
 2663  education as determined by the division as proof that the
 2664  permitholders are knowledgeable about nationally accepted
 2665  standards for the inspection of fire protection systems. It is
 2666  the intent of this act, from July 1, 2005, until July 1, 2008,
 2667  to accept continuing education of all certificateholders’
 2668  employees who perform inspection functions which specifically
 2669  prepares the permitholder to qualify for NICET II certification.
 2670         (11) It is intended that a certificateholder, or a
 2671  permitholder who is employed by a certificateholder, conduct
 2672  inspections required by this chapter. It is understood that
 2673  after July 1, 2008, employee turnover may result in a depletion
 2674  of personnel who are certified under the NICET Sub-field of
 2675  Inspection and Testing of Fire Protection Systems Level II or
 2676  equivalent training and education as required by the Division of
 2677  State Fire Marshal which is required for permitholders. The
 2678  extensive training and experience necessary to achieve NICET
 2679  Level II certification is recognized. A certificateholder may
 2680  therefore obtain a provisional permit with an endorsement for
 2681  inspection, testing, and maintenance of water-based fire
 2682  extinguishing systems for an employee if the employee has
 2683  initiated procedures for obtaining Level II certification from
 2684  the National Institute for Certification in Engineering
 2685  Technologies Sub-field of Inspection and Testing of Fire
 2686  Protection Systems and achieved Level I certification or an
 2687  equivalent level as determined by the State Fire Marshal through
 2688  verification of experience, training, and examination. The State
 2689  Fire Marshal may establish rules to administer this subsection.
 2690  After 2 years of provisional certification, the employee must
 2691  have achieved NICET Level II certification or obtain equivalent
 2692  training and education as determined by the division, or cease
 2693  performing inspections requiring Level II certification. The
 2694  provisional permit is valid only for the 2 calendar years after
 2695  the date of issuance, may not be extended, and is not renewable.
 2696  After the initial 2-year provisional permit expires, the
 2697  certificateholder must wait 2 additional years before a new
 2698  provisional permit may be issued. The intent is to prohibit the
 2699  certificateholder from using employees who never reach NICET
 2700  Level II status, or equivalent training and education as
 2701  determined by the division, by continuously obtaining
 2702  provisional permits.
 2703         Section 56. Subsection (3) is added to section 633.524,
 2704  Florida Statutes, to read:
 2705         633.524 Certificate and permit fees; use and deposit of
 2706  collected funds.—
 2707         (3) The State Fire Marshal may enter into a contract with
 2708  any qualified public entity or private company in accordance
 2709  with chapter 287 to provide examinations for any applicant for
 2710  any examination administered under the jurisdiction of the State
 2711  Fire Marshal. The State Fire Marshal may direct payments from
 2712  each applicant for each examination directly to such contracted
 2713  entity or company.
 2714         Section 57. Subsection (4) of section 633.537, Florida
 2715  Statutes, is amended to read:
 2716         633.537 Certificate; expiration; renewal; inactive
 2717  certificate; continuing education.—
 2718         (4) The renewal period for the permit class is the same as
 2719  that for the employing certificateholder. The continuing
 2720  education requirements for permitholders are what is required to
 2721  maintain NICET Sub-field of Inspection and Testing of Fire
 2722  Protection Systems Level II, equivalent training and education
 2723  as determined by the division, or higher certification plus 8
 2724  contact hours of continuing education approved by the State Fire
 2725  Marshal during each biennial renewal period thereafter. The
 2726  continuing education curriculum from July 1, 2005, until July 1,
 2727  2008, shall be the preparatory curriculum for NICET II
 2728  certification; after July 1, 2008, the technical curriculum is
 2729  at the discretion of the State Fire Marshal and may be used to
 2730  meet the maintenance of NICET Level II certification and 8
 2731  contact hours of continuing education requirements. It is the
 2732  responsibility of the permitholder to maintain NICET II
 2733  certification or equivalent training and education as determined
 2734  by the division as a condition of permit renewal after July 1,
 2735  2008.
 2736         Section 58. Subsection (4) of section 633.72, Florida
 2737  Statutes, is amended to read:
 2738         633.72 Florida Fire Code Advisory Council.—
 2739         (4) Each appointee shall serve a 4-year term. No member
 2740  shall serve more than two consecutive terms one term. No member
 2741  of the council shall be paid a salary as such member, but each
 2742  shall receive travel and expense reimbursement as provided in s.
 2743  112.061.
 2744         Section 59. Subsection (6) of section 718.113, Florida
 2745  Statutes, is repealed.
 2746         Section 60. The Florida Building Commission shall revise
 2747  the Florida Building Code in order to make it consistent with
 2748  the revisions made by this act to s. 399.02, Florida Statutes.
 2749         Section 61. (1)The Department of Management Services shall
 2750  consider the energy efficiency of all materials used in the
 2751  construction, alteration, repair, or rebuilding of a building or
 2752  facility owned or operated by a state agency. Whenever feasible,
 2753  the department shall lease a building or facility that has high
 2754  efficiency lighting.
 2755         (2)The Department of Management Services shall adopt rules
 2756  requiring a state agency to install high-efficiency lamps when
 2757  replacing an existing lamp or installing a new lamp in a
 2758  building owned by the state agency.
 2759         Section 62. Except as otherwise expressly provided in this
 2760  act, this act shall take effect July 1, 2010.
 2761  

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