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Senate Bill 0672

Senate Bill sb0672c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                    CS for SB's 672 & 680

    By the Committee on Regulated Industries; and Senators
    Constantine and Smith


  1                      A bill to be entitled

  2         An act relating to emergency elevator access;

  3         providing requirements relating to regional

  4         emergency elevator access; requiring elevators

  5         in newly constructed or certain substantially

  6         renovated buildings to be keyed alike within

  7         each of the state emergency response regions;

  8         providing for these requirements to be phased

  9         in for certain existing buildings; restricting

10         the duplication and issuance of master elevator

11         keys; requiring the labeling of master elevator

12         keys; allowing local fire marshals to allow

13         substitute emergency measures for elevator

14         access in certain circumstances; providing for

15         appeal of the local fire marshal's decision;

16         providing for the State Fire Marshal to enforce

17         the act; encouraging builders to use applicable

18         new technology to provide regional emergency

19         elevator access; providing an exemption for

20         certain buildings; creating s. 399.1061, F.S.;

21         reestablishing the Elevator Safety Technical

22         Advisory Committee within the Division of

23         Hotels and Restaurants of the Department of

24         Business and Professional Regulation,

25         notwithstanding abolishment of the committee

26         pursuant to law; providing for the membership

27         of the committee; requiring the committee to

28         provide technical assistance to the division;

29         providing for terms of office and for payment

30         of per diem and travel expenses; providing for

31         members of the committee whose terms expired on


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    Florida Senate - 2004                    CS for SB's 672 & 680

 1         December 31, 2003, but who have not completed a

 2         4-year term, to continue to hold office until

 3         completion of a 4-year term; repealing s.

 4         399.106, F.S., relating to the former Elevator

 5         Safety Technical Advisory Committee; providing

 6         effective dates.


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


10         Section 1.  Regional emergency elevator access.--

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

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

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

14  and condominiums, on which construction is begun after June

15  30, 2004, all of the keys for elevators that allow public

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

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

18  each of the seven state emergency response regions to operate

19  in fire emergency situations with one master elevator key.

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

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

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

23  30, 2004, must also comply with paragraph (a).

24         (2)  Each existing building in this state which is six

25  or more stories in height must comply with subsection (1)

26  before July 1, 2007.

27         (3)  In addition to elevator owners, owner's agents,

28  elevator contractors, state-certified inspectors, and State of

29  Florida agency representatives, master elevator keys may be

30  issued only to the fire department and may not be issued to

31  any other emergency-response agency. A person may not


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

    Florida Senate - 2004                    CS for SB's 672 & 680

 1  duplicate a master elevator key for issuance to, or issue such

 2  a key to, anyone other than authorized fire department

 3  personnel. Each master elevator key must be marked "DO NOT


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

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

 7  fire marshal may allow substitute emergency measures that will

 8  provide reasonable emergency elevator access. The local fire

 9  marshal's decision regarding substitute measures may be

10  appealed to the State Fire Marshal.

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

12  Department of Financial Services shall enforce this section.

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

14  technology and developments in keying systems which make it

15  possible to convert existing equipment so as to provide

16  efficient regional emergency elevator access.

17         (7)  Any building operated by an independent special

18  district or airport that has 24-hour emergency response

19  services shall be exempt from this section.

20         Section 2.  Section 399.1061, Florida Statutes, is

21  created to read:

22         399.1061  Elevator Safety Technical Advisory

23  Committee.--

24         (1)  The Elevator Safety Technical Advisory Committee

25  is created within the Division of Hotels and Restaurants of

26  the Department of Business and Professional Regulation and

27  shall consist of eight members, to be appointed by the

28  Secretary of Business and Professional Regulation as follows:

29  one representative from a major elevator manufacturing company

30  or its authorized representative; one representative from an

31  elevator servicing company; one representative from a building


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    Florida Senate - 2004                    CS for SB's 672 & 680

 1  design profession; one representative of the general public;

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

 3  representative of a building owner or manager; one

 4  representative of labor involved in the installation,

 5  maintenance, and repair of elevators; and one representative

 6  who is a certified elevator inspector from a private

 7  inspection service. The committee shall provide technical

 8  assistance to the division in support of protecting the

 9  health, safety, and welfare of the public and shall give the

10  division the benefit of the committee members' knowledge and

11  experience concerning the industries and individual businesses

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

13         (2)  The committee members shall serve staggered terms

14  of 4 years to be set by rule without salary, but are entitled

15  to reimbursement for per diem and travel expenses as provided

16  in s. 112.061. The committee shall appoint one of the members

17  to serve as chair.

18         (3)  The committee may consult with engineering

19  authorities and organizations concerned with standard safety

20  codes for recommendations to the department regarding rules

21  governing the operation, maintenance, servicing, construction,

22  alteration, installation, or inspection of vertical

23  conveyances subject to this chapter.

24         Section 3.  Any member of the Elevator Safety Technical

25  Advisory Committee whose term of office was terminated on

26  December 31, 2003, as provided by section 399.106, Florida

27  Statutes, but who had held the appointment for less than 4

28  years on that date shall be reappointed for the remainder of

29  his or her 4-year term. The Secretary of Business and

30  Professional Regulation shall appoint the other members of the



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    Florida Senate - 2004                    CS for SB's 672 & 680

 1  committee to staggered terms of office as provided by section

 2  399.1061, Florida Statutes.

 3         Section 4.  Section 399.106, Florida Statutes, is

 4  repealed.

 5         Section 5.  This act shall take effect upon becoming a

 6  law, except that section 1 of this act, which provides for

 7  regional emergency elevator access, shall take effect July 1,

 8  2004.


                       COMMITTEE SUBSTITUTE FOR
11                     Senate Bill 672 and 680


13  The committee substitute merges the provisions of Senate Bills
    672 and 680, by Senators Constantine and Smith, respectively.
14  The committee substitute recreates the Elevator Safety
    Technical Advisory Committee within the Department of Business
15  and Professional Regulation.  It repeals s. 399.106, F.S., and
    provides for the reappointment of committee members whose
16  terms were terminated on December 31, 2003.

















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

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