hb1307c1664885 CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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  7

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  9

10  ______________________________________________________________

11  Representative(s) Benson offered the following:

12

13         Amendment (with title amendment) 

14         On page 12, line 19,

15  remove:  all of said line

16

17  and insert:

18         Section 2.  Section 399.01, Florida Statutes, is

19  amended to read:

20         399.01  Definitions.--As used in this chapter, the

21  term:

22         (1)  "Alteration" means any change or addition to the

23  vertical conveyance other than maintenance, repair, or

24  replacement.

25         (2)  "Certificate of competency" means a document

26  issued by the division which evidences the competency of a

27  person to construct, install, inspect, maintain, or repair any

28  vertical conveyance.

29         (2)(3)  "Certificate of operation" means a document

30  issued by the department which indicates that the conveyance

31  has had the required safety inspection and tests and that fees

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  have been paid as provided in this chapter.

  2         (3)(4)  "Conveyance" means an elevator, dumbwaiter,

  3  escalator, moving sidewalk, platform lift, or and stairway

  4  chairlift.

  5         (4)(5)  "Department" means the Department of Business

  6  and Professional Regulation.

  7         (5)(6)  "Division" means the Division of Hotels and

  8  Restaurants of the Department of Business and Professional

  9  Regulation.

10         (6)(7)  "Elevator" means one of the following

11  mechanical devices:

12         (a)  A hoisting and lowering mechanism, equipped with a

13  car and platform that moves in guide rails and serves two or

14  more landings to transport material or passengers or both.

15         (b)  An escalator, which is a power-driven, inclined

16  continuous stairway used for raising or lowering passengers.

17         (c)  A dumbwaiter, which is a hoisting and lowering

18  mechanism equipped with a car of limited size which moves in

19  guide rails and serves two or more landings.

20         (d)  A moving walk, which is a type of

21  passenger-carrying device on which passengers stand or walk

22  and in which the passenger-carrying surface remains parallel

23  to its direction of motion and is uninterrupted.

24         (e)  An inclined stairway chairlift, which is a device

25  used to transport physically handicapped persons over

26  architectural barriers.

27         (f)  An inclined or vertical wheelchair lift, which is

28  a device used to transport wheelchair handicapped persons over

29  architectural barriers.

30         (8)  "Escalator" means an installation defined as an

31  escalator in the Florida Building Code.

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         (7)(9)  "Existing installation" means an installation

  2  defined as an "installation, existing" in the Florida Building

  3  Code.

  4         (8)(10)  "Elevator Safety Technical Advisory Committee"

  5  means the committee appointed by the secretary of the

  6  Department of Business and Professional Regulation.

  7         (9)(11)  "Private residence" means a separate dwelling

  8  or a separate apartment in a multiple dwelling which is

  9  occupied by members of a single-family unit.

10         (10)(12)  "Service maintenance contract" means a

11  contract that provides for routine examination, lubrication,

12  cleaning, adjustment, replacement of parts, and performance of

13  applicable code-required safety tests such as on a traction

14  elevator and annual relief pressure test on a hydraulic

15  elevator and any other service, repair, and maintenance

16  sufficient to ensure the safe operation of the elevator. A

17  service maintenance contract shall be made available upon

18  request of the department for purposes of oversight and

19  monitoring.

20         (11)(13)  "Temporarily dormant conveyance" means a

21  conveyance whose power supply has been disconnected by

22  removing fuses and placing a padlock on the mainline

23  disconnect switch in the "OFF" position. The car is parked,

24  and the hoistway doors are in the closed and latched position.

25  A wire seal is installed on the mainline disconnect switch by

26  a certified certificate of competency elevator inspector. This

27  conveyance installation may not be used again until it has

28  been put in safe running order and is in condition for use.

29  Annual inspections shall continue for the duration of the

30  temporarily dormant status by a certified certificate of

31  competency elevator inspector. The temporarily dormant status

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  is renewable on an annual basis and may not exceed a 5-year

  2  period. The inspector shall file a report with the department

  3  chief elevator inspector describing the current conditions.

  4  The wire seal and padlock may not be removed for any purpose

  5  without permission from the department elevator inspector.

  6         (12)(14)  "Temporary operation inspection permit" means

  7  an inspection performed by a certified elevator inspector, the

  8  successful passage of a document issued by the department

  9  which permits the temporary use of a noncompliant vertical

10  conveyance as provided by rule.

11         (13)(15)  "Registered elevator company" means an entity

12  registered with and authorized by the division employing

13  persons to construct, install, inspect, maintain, or repair

14  any vertical conveyance. Each registered elevator company must

15  annually register with the division and maintain general

16  liability insurance coverage in the minimum amounts set by

17  rule the division.

18         (14)(16)  "Certified elevator inspector" is a natural

19  person registered with and authorized by the division to

20  construct, install, inspect, maintain, or repair any vertical

21  conveyance, after having properly acquired the qualified

22  elevator inspector credential as prescribed by the American

23  Society of Mechanical Engineers. Each certified elevator

24  inspector must annually register with the division and provide

25  from the National Association of Elevator Safety Authorities.

26  Such person shall remain so authorized by the division only

27  upon providing annual proof of completion of 8 hours of

28  continuing education, proof that and the qualified elevator

29  inspector credential remains in good standing, and proof of

30  with the National Association of Elevator Safety Authorities.

31  A licensed mechanical engineer whose license is in good

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  standing may be authorized as a certified elevator inspector

  2  annually register with the division and maintain general

  3  liability insurance coverage in the minimum amounts set by the

  4  division.

  5         (15)(17)  "Certified elevator technician" means a

  6  natural person authorized by the division to construct,

  7  install, maintain, or repair any vertical conveyance, after

  8  having been issued an elevator certificate of competency by

  9  the division. Each certified elevator technician must annually

10  register with the division and be covered by maintain general

11  liability insurance coverage in the minimum amounts set by the

12  division.

13         (16)(18)  "Elevator helper" means a natural person

14  performing work under the direct supervision of an elevator

15  certificate of competency holder a certified elevator

16  inspector or an elevator technician to construct, install,

17  maintain, or repair any vertical conveyance.

18         (17)(19)  "Elevator certificate of competency" means a

19  credential issued by the division to any individual natural

20  person successfully completing an examination as prescribed by

21  rule and paying a nonrefundable fee of $50. Such credential

22  shall be valid for and expire at the end of 1 year, and may be

23  renewed by the division when the division receives proof of

24  the elevator certificate of competency holder's completion of

25  8 hours of continuing education from a provider approved by

26  the department and a nonrefundable renewal fee of $50. The

27  department shall adopt by rule criteria for providing approval

28  and procedures for continuing education reporting.

29         (a)  An elevator certificate of competency may be

30  issued only if the applicant meets the following requirements:

31         1.  Four years' work experience in the construction,

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  maintenance, service, and repair of conveyances covered by

  2  this chapter. This experience shall be verified by current or

  3  previously registered elevator companies as required by the

  4  division.

  5         2.  One of the following:

  6         a.  Proof of completion and successful passage of a

  7  written examination administered by the division or a provider

  8  approved by the division under standards it adopted by rule.

  9         b.  Proof of completion of an apprenticeship program

10  for elevator mechanics which has standards substantially

11  equivalent to those found in a national training program for

12  elevator mechanics and is registered with the Bureau of

13  Apprenticeship and Training of the United States Department of

14  Labor or a state apprenticeship authority.

15         c.  Proof of licensure or certification by a state or

16  local jurisdiction in the United States having standards

17  substantially equal to or more stringent than those of this

18  chapter.

19         (b)  A licensed mechanical engineer whose license is in

20  good standing may be granted an elevator certificate of

21  competency.

22

23  All other building transportation terms are defined in the

24  current Florida Building Code.

25         Section 3.  Subsections (1) and (5) of section 399.02,

26  Florida Statutes, are amended to read:

27         399.02  General requirements.--

28         (1)  The Elevator Safety Technical Advisory Committee

29  shall develop and submit to the Director of Hotels and

30  Restaurants proposed regarding revisions to the elevator

31  safety code so that it is the same as or similar to the latest

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  editions versions of ASME A17.1, ASME A17.3, and ASME A18.1.

  2         (5)(a)  The construction permitholder is responsible

  3  for the correction of violations and deficiencies until the

  4  elevator has been inspected and a certificate of operation has

  5  been issued by the department.  The construction permitholder

  6  is responsible for all tests of new and altered equipment

  7  until the elevator has been inspected and a certificate of

  8  operation has been issued by the department.

  9         (b)  The elevator owner is responsible for the safe

10  operation, and proper maintenance, and inspection and

11  correction of code deficiencies of the elevator after it has

12  been inspected and a certificate of operation has been issued

13  by the department. The responsibilities of the elevator owner

14  may be assigned by lease.

15         (c)  The elevator owner shall report to the department

16  60 days before the expiration of the certificate of operation

17  whether there exists a service maintenance contract, with whom

18  the contract exists, and the details concerning the provisions

19  and implementation of the contract which the department

20  requires. The department shall keep the names of companies

21  with whom the contract exists confidential pursuant to the

22  public records exemption provided in s. 119.14(4)(b)3. This

23  annual contract report must be made on forms supplied by the

24  department.  The elevator owner must report any material

25  change in the service maintenance contract no fewer than 30

26  days before the effective date of the change.  The department

27  shall determine whether the provisions of the service

28  maintenance contract and its implementation ensure the safe

29  operation of the elevator.

30         Section 4.  Section 399.03, Florida Statutes, is

31  amended to read:

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         399.03  Design, installation, and alteration of

  2  conveyances.--

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

  4  erected, constructed, installed, or altered within buildings

  5  or structures until unless a permit has been obtained from the

  6  department before the work is commenced. Permits must be

  7  applied for by a registered elevator company and may only be

  8  granted upon receipt and approval of an application to be made

  9  on a form prescribed by the department, accompanied by proper

10  fees and a sworn statement by an agent of the registered

11  elevator company that the plans meet all applicable elevator

12  safety and building codes. Permits may be granted only to

13  registered elevator companies in good standing. When any

14  material alteration is made, the alteration device must

15  conform to applicable requirements of the Florida Building

16  Code and the provisions of this chapter for the alteration. A

17  permit required hereunder may not be issued except to a

18  person, firm, or corporation holding a current elevator

19  contractor's license issued under this chapter. A copy of the

20  permit and plans must be kept at the construction site at all

21  times while the work is in progress and until a certificate of

22  operation is issued.

23         (2)  The department shall provide by rule for permit

24  application requirements and permit fees.

25         (3)  Permits may be revoked for the following reasons:

26         (a)  There are any false statements or

27  misrepresentations as to the material facts in the

28  application, plans, or specifications on which the permit was

29  based.

30         (b)  The permit was issued in error and not in

31  accordance with the code or rules.

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         (c)  The work detailed under the permit is not being

  2  performed in accordance with the provisions of the

  3  application, plans, or specifications or with the code or

  4  conditions of the permit.

  5         (d)  The construction permitholder to whom the permit

  6  was issued fails or refuses to comply with a stop-work order.

  7         (4)  A permit expires if:

  8         (a)  The work authorized by the permit is not commenced

  9  within 6 months after the date of issuance, or within a

10  shorter period of time as the department may specify at the

11  time the permit is issued.

12         (b)  The work is suspended or abandoned for a period of

13  60 days, or such shorter period of time as the department may

14  specify at the time the permit is issued, after the work has

15  been started. For good cause, the department may allow a

16  discretionary extension for the foregoing period.

17         (5)  All new conveyance installations must be performed

18  by a registered elevator company person to whom a license to

19  install or service a conveyance has been issued. Subsequent to

20  installation, the licensed person, firm, or company must

21  certify compliance with the applicable sections of this

22  chapter and the Florida Building Code. Before any vertical

23  conveyance is used, except those in a private residence, it

24  must be inspected by a certified elevator licensed inspector

25  not employed, or associated, or having a conflict of interest

26  with the elevator construction permitholder or elevator owner

27  and certified as meeting the safety provisions of the Florida

28  Building Code, including the performance of all required

29  safety tests. The certified elevator inspector shall provide

30  the original copy of the inspection report to the department

31  within 5 days after the inspection. A certificate of operation

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  may not be issued until the permitholder provides an affidavit

  2  signed by the construction supervisor attesting that the

  3  supervisor directly supervised the construction or

  4  installation of the elevator. Upon successful inspection, the

  5  owner or lessee must apply to the department for a certificate

  6  of operation from the department. A fee as prescribed in this

  7  chapter must be paid for the certificate of operation. It is

  8  the responsibility of the licensed elevator construction

  9  permitholder to complete and submit a first-time registration

10  for a new installation. Vertical conveyances, including

11  stairway chairlifts, and inclined or vertical wheelchair lifts

12  located in private residences are not required to obtain a

13  certificate of operation under this chapter.

14         (6)  A certificate of operation expires July 31 of each

15  year and must be renewed prior to continued use of the

16  conveyance. A certificate of operation must be clearly

17  displayed on or in each conveyance or in the machine room for

18  use by and for the benefit of inspectors and code enforcement

19  personnel. Certificates of operation may only be renewed for

20  vertical conveyances having a current satisfactory inspection.

21         (6)(7)  At the department's request, and to facilitate

22  oversight and monitoring, the permitholder shall notify the

23  department of the scheduled final inspection date and time for

24  purposes of acquiring a certificate of inspection, in writing,

25  at least 7 days before completion of the work and shall, in

26  the presence of a licensed elevator inspector not associated

27  with or employed by the installing company or contractor,

28  subject the newly installed, relocated, or altered portions of

29  the elevator to tests required to show that the elevator meets

30  the applicable provisions of the Florida Building Code.

31         (7)(8)  Each elevator shall comply with the edition of

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  the Florida Building Code or Elevator Safety Code that was in

  2  effect at the time of receipt of application for the

  3  construction permit for the elevator.

  4         (8)(9)  Each alteration to, or relocation of, an

  5  elevator shall comply with the edition of the Florida Building

  6  Code or Elevator Safety Code that was in effect at the time of

  7  receipt of the application for the construction permit for the

  8  alteration or relocation.

  9         (9)(10)  When any change is made in the classification

10  of an elevator, the elevator shall comply with all of the

11  requirements of the version of the Florida Building Code or

12  Elevator Safety Code that were in effect at the time of

13  receipt of the application for the construction permit for the

14  change in classification.

15         (10)(a)  The temporary use of an elevator during

16  installation or alteration is authorized for a period of 30

17  days after the completion of a satisfactory temporary

18  operation inspection. An additional 30-day period of temporary

19  use is authorized from the date of completion of each

20  additional satisfactory temporary operation inspection. A

21  satisfactory temporary operation inspection must satisfy the

22  following criteria: the elevator is tested under contract

23  load; the hoistway is fully enclosed; the hoistway doors and

24  interlocks are installed; the car is completely enclosed,

25  including door or gate and top; all electrical safety devices

26  are installed and properly functioning; and terminal stopping

27  equipment is in place for a safe runby and proper clearance.

28  When a car is provided with a temporary enclosure, the

29  operating means must be by constant pressure push-button or

30  lever-type switch. The car may not exceed the minimum safe

31  operating speed of the elevator, and the governor tripping

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  speed must be set in accordance with the operating speed of

  2  the elevator.

  3         (b)  Temporary use is authorized only when a

  4  satisfactory temporary operation inspection report, completed

  5  within the last 30 days by a certified elevator inspector, and

  6  a notice prescribed by the department, bearing a statement

  7  that the elevator has not been finally approved by a certified

  8  elevator inspector, are conspicuously posted in the elevator.

  9         Section 5.  Section 399.049, Florida Statutes, is

10  amended to read:

11         399.049  Disciplinary action Certificate of

12  competency.--

13         (1)  SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE

14  OF COMPETENCY.--The department may suspend or revoke an

15  elevator inspector certification, an elevator company

16  registration, an elevator a license or certificate of

17  competency, or an elevator certificate of operation issued

18  under this chapter or impose an administrative penalty of up

19  to $1,000 per violation upon any registered elevator company

20  licensee or certificateholder who commits any one or more of

21  the following violations:

22         (a)  Any false statement as to a material matter in an

23  the application for registration, certification, or any permit

24  or certificate issued under this chapter.

25         (b)  Fraud, misrepresentation, or bribery in the

26  practice of the profession securing a license or certificate

27  of competency.

28         (c)  Failure by a certified elevator inspector to

29  provide notify the department and the certificate of operation

30  holder with a copy of the inspection report within 5 days

31  after the date of any inspection performed after the initial

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  certificate of operation is issued of a conveyance covered by

  2  this chapter that is not in compliance with the provisions of

  3  the elevator safety code incorporated into the Florida

  4  Building Code.

  5         (d)  Violation of any provision of this chapter.

  6         (2)  DISCIPLINARY ACTION.--Any disciplinary action

  7  taken under this chapter must comply with chapter 120 and any

  8  rules adopted thereunder.

  9         Section 6.  Section 399.061, Florida Statutes, is

10  amended to read:

11         399.061  Inspections; service maintenance contracts;

12  correction of deficiencies.--

13         (1)(a)  All elevators or other conveyances subject to

14  this chapter must be annually inspected by a certified

15  elevator inspector through a third-party inspection service,

16  or by a municipality or county under contract with the

17  division, pursuant to s. 399.13. If the elevator or other

18  conveyance is maintained pursuant to a service maintenance

19  contract continuously in force, it shall be inspected at least

20  once every 2 years by a certified elevator inspector who is

21  not employed by or otherwise associated with the maintenance

22  company; however, if the elevator is not an escalator or a

23  dumbwaiter, serves only two adjacent floors, and is covered by

24  a service maintenance contract, an inspection is not required

25  so long as the service contract remains in effect. A statement

26  verifying the existence, performance, and cancellation of each

27  service maintenance contract must be filed annually with the

28  division as prescribed by rule.

29         (b)  A statement verifying the existence and

30  performance of each service maintenance contract must be filed

31  at least annually with the division and as prescribed by rule.

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  Cancellation of a service maintenance contract must be

  2  reported to the division as prescribed by rule. The division

  3  may inspect an elevator whenever necessary to ensure its safe

  4  operation or when a third-party inspection service is not

  5  available for a routine inspection.

  6         (2)  The division may employ state inspectors to

  7  inspect an elevator whenever necessary to ensure its safe

  8  operation. The division may also employ state elevator

  9  inspectors to conduct any the inspections as required by this

10  chapter subsection (1) and may charge a an inspection fee for

11  each inspection in an amount sufficient to cover the costs of

12  that inspection, as provided by rule, when a private certified

13  elevator inspector is not available. Each state elevator

14  inspector shall be properly qualified as a certified elevator

15  inspector hold a certificate of competency issued by the

16  division.

17         (3)  Whenever the division determines from the results

18  of any inspection that, in the interest of the public safety,

19  an elevator is in an unsafe condition, the division may seal

20  the elevator or order the discontinuance of the use of the

21  elevator until the division determines by inspection that such

22  elevator has been satisfactorily repaired or replaced so that

23  the elevator may be operated in a safe manner.

24         (4)  When the division determines that an elevator is

25  in violation of this chapter or the Florida Building Code, the

26  division may issue an order to the elevator owner requiring

27  correction of the violation and reinspection of the elevator

28  evidencing the correction.

29         Section 7.  Section 399.07, Florida Statutes, is

30  amended to read:

31         399.07  Certificates of operation; temporary operation

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  permits; fees.--

  2         (1)(a)  A certificate of operation may not be issued

  3  until the elevator company supervisor signs an affidavit

  4  stating that the elevator company supervisor directly

  5  supervised construction or installation of the elevator.

  6         (1)(b)  The certificate of operation is valid for a

  7  period not to exceed 2 years and shall expire at the end of

  8  the period of 1 year unless sooner suspended or revoked. The

  9  department may adopt rules establishing a procedure for

10  certificate renewal. Certificates of operation may be renewed

11  only for vertical conveyances having a current satisfactory

12  inspection. The owner of an elevator operating with an expired

13  certificate of operation is in violation of this chapter.

14  Certificate of operation renewal applications received by the

15  department after the date of expiration of the last current

16  certificate must be accompanied by a late fee of $50 in

17  addition to the annual renewal fee and any other fees required

18  by law. The department shall adopt by rule a fee schedule for

19  the renewal of certificates of operation. The fees must be

20  deposited into the Hotel and Restaurant Trust Fund. The

21  department shall by rule adopt a fee schedule for the renewal

22  of certificates of operation.  The renewal period commences on

23  August 1 of each year.

24         (2)(c)  The certificate of operation must be posted in

25  a conspicuous location on the elevator and must be framed with

26  a transparent cover.

27         (d)  The department shall charge an annual fee for

28  issuance of a certificate of operation in an amount to be set

29  by rule. However, a renewal application for a certificate of

30  operation filed with the department after expiration date of

31  the certificate must be accompanied by a delinquency fee of

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  $50 in addition to the annual renewal fee and any other fees

  2  required by law. The fees must be deposited into the Hotel and

  3  Restaurant Trust Fund.

  4         (2)(a)  The department may issue a temporary operation

  5  permit authorizing the temporary use of an elevator during

  6  installation or alteration to an elevator company or general

  7  contractor acting as a general agent of an elevator company. A

  8  temporary operation permit may not be issued until the

  9  elevator has been inspected by a state elevator inspector and

10  tested under contract load; the hoistway is fully enclosed;

11  the hoistway doors and interlocks are installed; the car is

12  completely enclosed, including door or gate and top; all

13  electrical safety devices are installed and properly

14  functioning; and terminal stopping equipment is in place for a

15  safe runby and proper clearance. When a car is provided with a

16  temporary enclosure, the operating means must be by constant

17  pressure push-button or lever-type switch. The car may not

18  exceed the minimum safe operating speed of the elevator, and

19  the governor tripping speed must be set in accordance with the

20  operating speed of the elevator.

21         (b)  A temporary operation permit must be issued for a

22  period not to exceed 30 days.  The permit may be renewed at

23  the discretion of the department.

24         (c)  When a temporary operation permit is issued, the

25  permit, together with a notice bearing a statement that the

26  elevator has not been finally approved by a state elevator

27  inspector, must be conspicuously posted in the elevator.

28         (d)  The department shall charge a fee, set by rule in

29  an amount not greater than $100, for each temporary operation

30  permit. The fee must be deposited in the Hotel and Restaurant

31  Trust Fund.

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    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         (3)  The certificate of operation shall contain the

  2  text of s. 823.12, relating to the prohibition against smoking

  3  in elevators.

  4         (4)  In addition to subsection (3), the designation "NO

  5  SMOKING" along with the international symbol for no smoking

  6  shall be conspicuously displayed within the interior of the

  7  elevator in the plain view of the public.

  8         (5)  Except for as authorized by a temporary use

  9  authorized by this chapter operation permit, the operation or

10  use of any newly installed, relocated, or altered elevator is

11  prohibited until the elevator has passed the tests and

12  inspections required by this chapter and a certificate of

13  operation has been issued.

14         (6)  The department may suspend any certificate of

15  operation if it finds that the elevator is not in compliance

16  with this chapter or of rules adopted under this chapter. The

17  suspension remains in effect until the department receives

18  satisfactory results of an inspection performed by a certified

19  elevator inspection indicating determines, by inspection, that

20  the elevator has been brought into compliance.

21         Section 8.  Section 399.105, Florida Statutes, is

22  amended to read:

23         399.105  Administrative fines.--

24         (1)  Any person who fails to comply with the reporting

25  requirements of this chapter s. 399.02 or with the reasonable

26  requests of the department to determine whether the provisions

27  of a service maintenance contract and its implementation

28  ensure assure safe elevator operation is subject to an

29  administrative fine not greater than $1,000 in addition to any

30  other penalty provided by law.

31         (2)  Any person who commences the operation,

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  installation, relocation, or alteration of any elevator for

  2  which a permit or certificate is required by this chapter

  3  without having obtained from the department the permit or

  4  certificate is subject to an administrative fine not greater

  5  than $1,000 in addition to any other penalty provided by law.

  6  No fine may be imposed under this subsection for commencing

  7  installation without a construction permit if such permit is

  8  issued within 60 days after the actual commencement of

  9  installation.

10         (3)  An elevator owner who continues to operate an

11  elevator after notice to discontinue its use or after it has

12  been sealed by the department is subject to an administrative

13  fine not greater than $1,000 for each day the elevator has

14  been operated after the service of the notice or sealing by

15  the department, in addition to any other penalty provided by

16  law.

17         (4)  An elevator owner who fails to comply with an

18  order to correct issued under s. 399.061(4) within 30 60 days

19  after its issuance is subject, in addition to any other

20  penalty provided by law, to an administrative fine set by the

21  department in an amount not to exceed $1,000.

22         (5)  All administrative fines collected shall be

23  deposited into the Hotel and Restaurant Trust Fund.

24         Section 9.  Subsection (2) of section 399.106, Florida

25  Statutes, is amended to read:

26         399.106  Elevator Safety Technical Advisory

27  Committee.--

28         (2)  The committee members shall serve staggered terms

29  of 4 years to be set by rule without salary, but may receive

30  from the state expenses for per diem and travel. The committee

31  commission shall appoint one of the members to serve as chair.

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         Section 10.  Section 399.125, Florida Statutes, is

  2  amended to read:

  3         399.125  Reporting of elevator accidents or incidents;

  4  penalties.--Within 5 working days after any accident or

  5  incident occurring in or upon any elevator, the certificate of

  6  operation holder shall report the accident or incident to the

  7  division on a form prescribed by the division. Failure to

  8  timely file this report is a violation of this chapter and

  9  will subject the certificate of operation holder to an

10  administrative fine, to be imposed by the division, in an

11  amount not to exceed $1,000.

12         Section 11.  Section 399.13, Florida Statutes, is

13  amended to read:

14         399.13  Delegation of authority to municipalities or

15  counties.--

16         (1)  The department may enter into contracts with

17  municipalities or counties under which such municipalities or

18  counties will issue construction permits, temporary operation

19  permits, and certificates of operation; will provide for

20  inspection of elevators, including temporary operation

21  inspections; and will enforce the applicable provisions of the

22  Florida Building Code, as required by this chapter. The

23  municipality or county may choose to require inspections to be

24  performed by its own inspectors or by private certified

25  elevator inspectors. Each such agreement shall include a

26  provision that the municipality or county shall maintain for

27  inspection by the department copies of all applications for

28  permits issued, a copy of each inspection report issued, and

29  proper records showing the number of certificates of operation

30  issued; shall include a provision that each required

31  inspection be conducted by a certified elevator inspector the

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  holder of a certificate of competency issued by the

  2  department; and may include such other provisions as the

  3  department deems necessary.

  4         (2)  The department may make inspections of elevators

  5  in such municipality or county for the purpose of determining

  6  that the provisions of this chapter are being met and may

  7  cancel the contract with any municipality or county which the

  8  department finds has failed to comply with such contract or

  9  the provisions of this chapter.  The amendments to chapter 399

10  by this act shall apply only to the installation, relocation,

11  or alteration of an elevator for which a permit has been

12  issued after October 1, 1990.

13         Section 12.  Section 553.509, Florida Statutes, is

14  amended to read:

15         553.509  Vertical accessibility.--Nothing in sections

16  553.501-553.513 or the guidelines, except 28 C.F.R. s. 36.403,

17  shall be construed to relieve the owner of any building,

18  structure, or facility governed by those sections from the

19  duty to provide vertical accessibility to all levels above and

20  below the occupiable grade level, regardless of whether the

21  guidelines require an elevator to be installed in such

22  building, structure, or facility, except for:

23         (1)  Elevator pits, elevator penthouses, mechanical

24  rooms, piping or equipment catwalks, and automobile

25  lubrication and maintenance pits and platforms;

26         (2)  Unoccupiable spaces, such as rooms, enclosed

27  spaces, and storage spaces that are not designed for human

28  occupancy, for public accommodations, or for work areas; and

29         (3)  Occupiable spaces and rooms that are not open to

30  the public and that house no more than five persons,

31  including, but not limited to, equipment control rooms and

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    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  projection booths.

  2

  3  However, buildings, structures, and facilities must, as a

  4  minimum, comply with the requirements in the Americans with

  5  Disabilities Act Accessibility Guidelines.

  6         Section 13.  Effective May 1, 2003, paragraphs (c) and

  7  (h) of subsection (1) of section 553.74, Florida Statutes, are

  8  amended to read:

  9         553.74  Florida Building Commission.--

10         (1)  The Florida Building Commission is created and

11  shall be located within the Department of Community Affairs

12  for administrative purposes. Members shall be appointed by the

13  Governor subject to confirmation by the Senate. The commission

14  shall be composed of 23 members, consisting of the following:

15         (c)  One air-conditioning contractor or one mechanical

16  contractor certified to do business in this state and actively

17  engaged in the profession.

18         (h)  One roofing or, sheet metal, or air-conditioning

19  contractor certified to do business in this state and actively

20  engaged in the profession.

21         Section 14.  Section 604.50, Florida Statutes, is

22  amended to read:

23         604.50  Nonresidential farm buildings.--Notwithstanding

24  any other law to the contrary, any nonresidential farm

25  building located on a farm is exempt from the Florida Building

26  Code and any county or municipal building code. For purposes

27  of this section, the term "nonresidential farm building" means

28  any building or support structure that is used for

29  agricultural purposes, located on a farm that is not used as a

30  residential dwelling, and that is located on land that is an

31  integral part of a farm operation or is classified as

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    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1  agricultural land pursuant to s. 193.461. The term "farm" is

  2  as defined in s. 823.14.

  3         Section 15.  Subsection (1) of section 627.0629,

  4  Florida Statutes, as amended by chapter 2001-372, Laws of

  5  Florida, is amended to read:

  6         627.0629  Residential property insurance; rate

  7  filings.--

  8         (1)  Effective June 1, 2002, a rate filing for

  9  residential property insurance must include actuarially

10  reasonable discounts, credits, or other rate differentials, or

11  appropriate reductions in deductibles, for properties on which

12  fixtures or construction techniques demonstrated to reduce the

13  amount of loss in a windstorm have been installed or

14  implemented. The fixtures or construction techniques shall

15  include, but not be limited to, fixtures or construction

16  techniques which enhance roof strength, roof covering

17  performance, roof-to-wall strength,

18  wall-to-floor-to-foundation strength, opening protection, and

19  window, door, and skylight strength.  Credits, discounts, or

20  other rate differentials for fixtures and construction

21  techniques which meet the minimum requirements of the Florida

22  Building Code must be included in the rate filing. All

23  insurance companies must make a rate filing which includes the

24  credits, discounts, or other rate differentials by February

25  28, 2003.

26         Section 16.  (1)  The Legislature directs the Florida

27  Building Commission to develop building code provisions that

28  may be added to the Florida Building Code to facilitate the

29  rehabilitation and use of existing structures. The commission

30  shall select from available national or international model

31  codes or the codes or code provisions adopted by another state

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    751-118AXA-22                              Bill No. CS/HB 1307

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  1  to form the foundation for the code provisions required by

  2  this section.

  3         (2)  The commission shall seek consensus with fire

  4  safety professionals, advocates for persons with disabilities,

  5  representatives of the construction industry, land-use

  6  planners, building officials, and others identified by the

  7  commission as having an interest in building code provisions.

  8  The commission may modify the selected model codes and

  9  standards as needed to accommodate the specific needs of this

10  state.

11         (3)  In conjunction with its code development

12  activities, the commission shall identify legislative changes

13  required to implement the code provisions developed pursuant

14  to subsections (1) and (2).

15         (4)  The commission shall report the activities

16  undertaken in response to the requirements of this act to the

17  Legislature on or before January 1, 2003, as a part of the

18  annual report required by s. 553.77(1)(b), Florida Statutes.

19  Recommended code provisions and the legislative changes

20  required for implementation shall be attached as appendices to

21  the annual report.

22         Section 17.  Except as otherwise provided herein, this

23  act shall take effect upon becoming a law.

24

25

26  ================ T I T L E   A M E N D M E N T ===============

27  And the title is amended as follows:

28         On page 1, line 29,

29  remove:  providing an effective date.

30

31  and insert:

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         amending s. 399.01, F.S.; revising and removing

  2         definitions; requiring that elevator service

  3         maintenance contracts be made available to the

  4         Department of Business and Professional

  5         Regulation upon request for oversight purposes;

  6         revising qualifications for an elevator

  7         certificate of competency; amending s. 399.02,

  8         F.S.; providing that each elevator owner is

  9         responsible for inspections and correction of

10         code deficiencies; eliminating a requirement

11         that the department review service maintenance

12         contracts and determine whether they ensure

13         safe operation; amending s. 399.03, F.S.;

14         revising requirements relating to the design,

15         installation, and alteration of conveyances;

16         providing additional requirements for issuance

17         of elevator permits; revising reporting

18         requirements; providing requirements for

19         temporary operation inspections; amending s.

20         399.049, F.S.; revising grounds for suspension

21         or revocation of certification or registration;

22         amending s. 399.061, F.S.; eliminating the

23         requirement that annual inspections be

24         conducted through third-party inspection

25         services; revising reporting requirements

26         relating to service maintenance contracts;

27         revising requirements relating to the

28         correction of violations; amending s. 399.07,

29         F.S.; extending the period of validity of

30         certificates of operation from 1 to 2 years;

31         revising fee provisions to conform; amending s.

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                                                   HOUSE AMENDMENT

    751-118AXA-22                              Bill No. CS/HB 1307

    Amendment No. ___ (for drafter's use only)





  1         399.105, F.S.; providing administrative fines

  2         for violations relating to reporting, operating

  3         a sealed elevator, and complying with

  4         correction orders; eliminating a restriction on

  5         the issuance of an administrative fine relating

  6         to commencing installation without a

  7         construction permit; amending s. 399.106, F.S.;

  8         correcting a reference; amending s. 399.125,

  9         F.S.; eliminating the requirement to report

10         elevator incidents; amending s. 399.13, F.S.;

11         allowing municipalities or counties that assume

12         elevator inspection duties to hire private

13         inspectors to conduct inspections; amending s.

14         553.509, F.S.; providing a federal exception to

15         vertical accessibility guidelines; amending s.

16         553.74, F.S.; revising the membership of the

17         Florida Building Commission; amending s.

18         604.50, F.S.; revising an exemption from the

19         Florida Building Code for nonresidential farm

20         buildings; amending s. 627.0629, F.S.; revising

21         timeframe for rate filing for residential

22         property insurance; requiring the Florida

23         Building Commission to develop building code

24         provisions to facilitate the rehabilitation and

25         use of existing structures; requiring the

26         commission to identify legislative changes

27         required to implement such code provisions;

28         requiring a report to the Legislature;

29         providing effective dates.

30

31

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