January 20, 2021
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Senate Bill 0672

Senate Bill sb0672c3

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

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



    316-2028-04

  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         under certain circumstances; creating s.

25         399.1061, F.S.; creating the Elevator Safety

26         Technical Advisory Council within the Division

27         of Hotels and Restaurants of the Department of

28         Business and Professional Regulation; providing

29         for the membership of the council; requiring

30         the council to provide technical assistance to

31         the division; providing for appointments and

                                  1

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    Florida Senate - 2004      CS for CS for CS for SB's 672 & 680
    316-2028-04




 1         terms of office; providing for payment of per

 2         diem and travel expenses; amending s. 399.13,

 3         F.S.; authorizing a county or municipality to

 4         assess a reasonable fee for inspections

 5         performed by its inspectors; requiring counties

 6         to enforce the Florida Building Code as it

 7         relates to elevators; authorizing a county to

 8         impose certain fees and fines; prohibiting a

 9         county or municipality from taking disciplinary

10         action against certain certifications or

11         registrations; authorizing the Department of

12         Business and Professional Regulation to

13         initiate disciplinary action against a

14         registration or certification at the request of

15         a county or municipality; repealing s. 399.106,

16         F.S., relating to the former Elevator Safety

17         Technical Advisory Committee; providing a

18         finding of important state interest; providing

19         effective dates.

20  

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

22  

23         Section 1.  Regional emergency elevator access.--

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

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

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

27  and condominiums, on which construction is begun after June

28  30, 2004, all of the keys for elevators that allow public

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

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

31  

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    Florida Senate - 2004      CS for CS for CS for SB's 672 & 680
    316-2028-04




 1  each of the seven state emergency response regions to operate

 2  in fire emergency situations with one master elevator key.

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

 4  stories in height and has undergone "substantial improvement"

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

 6  comply with paragraph (a).

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

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

 9  before July 1, 2007.

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

11  elevator contractors, state-certified inspectors, and state

12  agency representatives, master elevator keys may be issued

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

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

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

16  other than authorized fire department personnel. Each master

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

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

19  impossible to bring a building into compliance with this

20  section, the local fire marshal may allow substitute emergency

21  measures that will provide reasonable emergency elevator

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

23  measures may be appealed to the State Fire Marshal.

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

25  Department of Financial Services shall enforce this section.

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

27  section is subject to an administrative fine of not more than

28  $1,000, in addition to any other penalty provided by law. All

29  administrative fines shall be deposited into the Insurance

30  Regulatory Trust Fund.

31  

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    Florida Senate - 2004      CS for CS for CS for SB's 672 & 680
    316-2028-04




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

 2  technology and developments in keying systems which make it

 3  possible to convert existing equipment so as to provide

 4  efficient regional emergency elevator access.

 5         (7)  The Department of Financial Services shall adopt

 6  rules to implement this section, including rules to determine

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

 8  emergency response regions.

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

10  Statutes, is amended to read:

11         399.03  Design, installation, and alteration of

12  conveyances.--

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

14  erected, constructed, installed, or altered within buildings

15  or structures until a permit has been obtained from the

16  department. Permits must be applied for by a registered

17  elevator company and may only be granted upon receipt and

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

19  the department, accompanied by proper fees and a sworn

20  statement from an agent of the registered elevator company

21  that the plans meet all applicable elevator safety and

22  building codes. Permits may be granted only to registered

23  elevator companies in good standing. When any material

24  alteration is made, the alteration must conform to applicable

25  requirements of the Florida Building Code and the provisions

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

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

28  progress and until a certificate of operation is issued. A

29  permit shall not be required for construction or repair of

30  elevators in seeking to attain compliance with emergency

31  elevator access requirements. Elevator owners shall forward to

                                  4

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    Florida Senate - 2004      CS for CS for CS for SB's 672 & 680
    316-2028-04




 1  the department, in an electronic format approved by the

 2  department, an emergency access notification that compliance

 3  measures are either not required or are being implemented. The

 4  emergency access notification must also contain specific

 5  compliance information, including the current compliance

 6  status, specific measures required to attain compliance, and

 7  certification by a state-certified inspector. Fees may not be

 8  assessed for the filing of the emergency access notification.

 9  The department shall maintain an emergency elevator access

10  registry that is available to the State Fire Marshal of the

11  Department of Financial Services for enforcement purposes. The

12  Department of Business and Professional Regulation shall adopt

13  rules to administer this section.

14         Section 3.  Section 399.1061, Florida Statutes, is

15  created to read:

16         399.1061  Elevator Safety Technical Advisory Council.--

17         (1)  The Elevator Safety Technical Advisory Council is

18  created within the division and shall consist of eight members

19  appointed by the secretary of the department who meet the

20  following criteria: one representative from a major elevator

21  manufacturing company or its authorized representative; one

22  representative from an elevator servicing company; one

23  representative from a building design profession; one

24  representative of the general public; one representative of a

25  local government in this state; one representative of a

26  building owner or manager; one representative of labor

27  involved in the installation, maintenance, and repair of

28  elevators; and one representative who is a certified elevator

29  inspector from a private inspection service. The council shall

30  provide technical assistance to the division in support of

31  protecting the health, safety, and welfare of the public and

                                  5

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    Florida Senate - 2004      CS for CS for CS for SB's 672 & 680
    316-2028-04




 1  shall give the division the benefit of the council members'

 2  knowledge and experience concerning the industries and

 3  individual businesses affected by the laws and rules

 4  administered by the division.

 5         (2)(a)  The council members shall serve 4-year terms,

 6  except that to provide for staggered terms four of the initial

 7  appointees, as specified by rule, shall serve 2-year terms.

 8  All subsequent appointments shall be for 4-year terms. The

 9  council shall appoint one of the members to serve as chair.

10         (b)  The council members shall serve without

11  compensation, except that the members may be reimbursed for

12  per diem and travel expenses as provided in s. 112.061.

13         (3)  The council may consult with engineering

14  authorities and organizations concerned with standard safety

15  codes for recommendations to the department regarding rules

16  for the operation, maintenance, servicing, construction,

17  alteration, installation, or inspection of vertical

18  conveyances subject to this chapter.

19         Section 4.  Section 399.13, Florida Statutes, is

20  amended to read:

21         399.13  Delegation of authority to municipalities or

22  counties.--

23         (1)  The department may enter into contracts with

24  municipalities or counties under which the such municipalities

25  or counties will issue construction permits and certificates

26  of operation; will provide for inspection of elevators,

27  including temporary operation inspections; and will enforce

28  the applicable provisions of the Florida Building Code, as

29  required by this chapter. The municipality or county may

30  choose to require inspections to be performed by its own

31  inspectors or by private certified elevator inspectors. The

                                  6

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    Florida Senate - 2004      CS for CS for CS for SB's 672 & 680
    316-2028-04




 1  municipality or county may assess a reasonable fee for

 2  inspections performed by its inspectors. Each such agreement

 3  shall include a provision that the municipality or county

 4  shall maintain for inspection by the department copies of all

 5  applications for permits issued, a copy of each inspection

 6  report issued, and proper records showing the number of

 7  certificates of operation issued; shall include a provision

 8  that each required inspection be conducted by a certified

 9  elevator inspector; and may include such other provisions as

10  the department deems necessary. The county shall enforce the

11  Florida Building Code as it applies to this chapter and may

12  impose fees and assess and collect fines as part of its

13  enforcement activities. A county or municipality may not issue

14  or take disciplinary action against a certificate of

15  competency, an elevator inspector certification, an elevator

16  technician certification, or an elevator company registration.

17  However, the department may initiate disciplinary action

18  against a registration or certification at the request of a

19  county or municipality.

20         (2)  The department may make inspections of elevators

21  in the such municipality or county for the purpose of

22  determining that the provisions of this chapter are being met

23  and may cancel the contract with any municipality or county

24  that which the department finds has failed to comply with the

25  such contract or the provisions of this chapter.  The

26  amendments to chapter 399 by this act shall apply only to the

27  installation, relocation, or alteration of an elevator for

28  which a permit has been issued after October 1, 1990.

29         Section 5.  Section 399.106, Florida Statutes, is

30  repealed.

31  

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    Florida Senate - 2004      CS for CS for CS for SB's 672 & 680
    316-2028-04




 1         Section 6.  The Legislature finds that the provisions

 2  of this act fulfill an important state interest.

 3         Section 7.  This act shall take effect upon becoming a

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

 5  regional emergency elevator access, shall take effect October

 6  1, 2004.

 7  

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

10                                 

11  The CS differs from the bill as filed in that it:

12         -Exempts elevator owners from the DBPR
           permitting requirements when keying or
13         retrofitting elevators with master keys;
           -Corrects technical deficiencies in the
14         provision reinstating the Elevator Safety
           Technical Advisory Committee, re-designating
15         the committee as a council and authorizing the
           governor to re-appoint council members;
16         -Amends s. 399.13(1), F.S., to clarify that
           cities or counties may asses a reasonable fee
17         when their inspectors  perform elevator
           inspections;
18         -Changes the penalty provisions, from criminal
           to administrative, for violations of the
19         requirements relating to emergency elevator
           access; and
20         -Includes a statement of "important state
           interest" to ensure compliance with the
21         constitutional mandates restriction.

22  

23  

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                                  8

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