January 22, 2021
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Senate Bill 0672

Senate Bill sb0672c2

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

    By the Committees on Banking and Insurance; Regulated
    Industries; and Senators Constantine and Smith




    311-1991-04

  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 certain newly constructed or certain

  6         substantially improved buildings to be keyed

  7         alike within each of the state emergency

  8         response regions; providing for these

  9         requirements to be phased in for certain

10         existing buildings; restricting the duplication

11         and issuance of master elevator keys; requiring

12         the labeling of master elevator keys; allowing

13         local fire marshals to allow substitute

14         emergency measures for elevator access in

15         certain circumstances; providing for appeal of

16         the local fire marshal's decision; providing

17         for the State Fire Marshal to enforce the act;

18         encouraging builders to use applicable new

19         technology to provide regional emergency

20         elevator access; providing penalties for

21         violations; authorizing the Department of

22         Financial Services to adopt rules; amending s.

23         399.03, F.S.; providing for waiver of a permit

24         fee under certain circumstances; creating s.

25         399.1061, F.S.; reestablishing the Elevator

26         Safety Technical Advisory Committee within the

27         Division of Hotels and Restaurants of the

28         Department of Business and Professional

29         Regulation, notwithstanding abolishment of the

30         committee pursuant to law; providing for the

31         membership of the committee; requiring the

                                  1

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    Florida Senate - 2004             CS for CS for SB's 672 & 680
    311-1991-04




 1         committee to provide technical assistance to

 2         the division; providing for terms of office and

 3         for payment of per diem and travel expenses;

 4         providing for members of the committee whose

 5         terms expired on December 31, 2003, but who

 6         have not completed a 4-year term, to continue

 7         to hold office until completion of a 4-year

 8         term; repealing s. 399.106, F.S., relating to

 9         the former Elevator Safety Technical Advisory

10         Committee; providing effective dates.

11  

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

13  

14         Section 1.  Regional emergency elevator access.--

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

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

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

18  and condominiums, on which construction is begun after June

19  30, 2004, all of the keys for elevators that allow public

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

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

22  each of the seven state emergency response regions to operate

23  in fire emergency situations with one master elevator key.

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

25  stories in height and has undergone "substantial improvement"

26  as defined in section 161.54(12), Florida Statutes, must also

27  comply with paragraph (a).

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

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

30  before July 1, 2007.

31  

                                  2

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    Florida Senate - 2004             CS for CS for SB's 672 & 680
    311-1991-04




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

 2  elevator contractors, state-certified inspectors, and state

 3  agency representatives, master elevator keys may be issued

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

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

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

 7  other than authorized fire department personnel. Each master

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

 9         (4)  If it is technically, financially, or physically

10  impossible to bring a building into compliance with this

11  section, the local fire marshal may allow substitute emergency

12  measures that will provide reasonable emergency elevator

13  access. The local fire marshal's decision regarding substitute

14  measures may be appealed to the State Fire Marshal.

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

16  Department of Financial Services shall enforce this section.

17  Any person who fails to comply with the requirements of this

18  section is subject to the penalties provided in section

19  633.171, Florida Statutes.

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

21  technology and developments in keying systems which make it

22  possible to convert existing equipment so as to provide

23  efficient regional emergency elevator access.

24         (7)  The Department of Financial Services shall adopt

25  rules to implement this section, including rules to determine

26  the master elevator key to be used within each of the

27  emergency response regions.

28         Section 2.  Subsection (1) of section 399.03, Florida

29  Statutes, is amended to read:

30         399.03  Design, installation, and alteration of

31  conveyances.--

                                  3

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    Florida Senate - 2004             CS for CS for SB's 672 & 680
    311-1991-04




 1         (1)  A conveyance covered by this chapter may not be

 2  erected, constructed, installed, or altered within buildings

 3  or structures until a permit has been obtained from the

 4  department. Permits must be applied for by a registered

 5  elevator company and may only be granted upon receipt and

 6  approval of an application to be made on a form prescribed by

 7  the department, accompanied by proper fees and a sworn

 8  statement from an agent of the registered elevator company

 9  that the plans meet all applicable elevator safety and

10  building codes. Permits may be granted only to registered

11  elevator companies in good standing. When any material

12  alteration is made, the alteration must conform to applicable

13  requirements of the Florida Building Code and the provisions

14  of this chapter. A copy of the permit and plans must be kept

15  at the construction site at all times while the work is in

16  progress and until a certificate of operation is issued. If a

17  permit is required to alter an elevator in order for the

18  elevator to comply with section 1 of this act, the permit fee

19  required by the department shall be waived.

20         Section 3.  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

                                  4

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    Florida Senate - 2004             CS for CS for SB's 672 & 680
    311-1991-04




 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 4.  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

31  

                                  5

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    Florida Senate - 2004             CS for CS for SB's 672 & 680
    311-1991-04




 1  committee to staggered terms of office as provided by section

 2  399.1061, Florida Statutes.

 3         Section 5.  Section 399.106, Florida Statutes, is

 4  repealed.

 5         Section 6.  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.

 9  

10          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
11                     CS for SB's 672 and 680

12                                 

13  
    -    Changes the term "substantially renovated" to the term
14       "substantial improvement" as defined in the Florida
         Statutes, for elevators in specified buildings to comply
15       with the provisions of the act.

16  -    Authorizes the local fire marshal to allow substitute
         emergency measures where it is "financially" impossible
17       to bring a building into compliance with the act.

18  -    Provides first and second misdemeanor penalties for
         noncompliance with the elevator master key requirements.
19  
    -    Deletes the provision that independent special districts
20       or airports that have 24-hour emergency response services
         are exempt from the provisions of the bill.
21  
    -    Provides for rulemaking authority for the Department of
22       Financial Services.

23  -    Provides that if a permit fee is required to alter an
         elevator under the requirements of this bill, the $200
24       fee, which is issued by the Department of Business and
         Professional Regulation, is waived.
25  

26  

27  

28  

29  

30  

31  

                                  6

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