September 20, 2020
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

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10  ______________________________________________________________

11  Senator Constantine moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  (1)  The Legislature directs the Florida

18  Building Commission to develop building code provisions that

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

20  rehabilitation and use of existing structures. The commission

21  shall select from available national or international model

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

23  to form the foundation for the code provisions required by

24  this section.

25         (2)  The commission shall seek consensus with

26  firesafety professionals, advocates for persons with

27  disabilities, representatives of the construction industry,

28  land-use planners, building officials, and others identified

29  by the commission as having an interest in building code

30  provisions. The commission may modify the selected model codes

31  and standards as needed to accommodate the specific needs of

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





  1  this state.

  2         (3)  In conjunction with its code development

  3  activities, the commission shall identify legislative changes

  4  required to implement the code provisions developed pursuant

  5  to subsections (1) and (2).

  6         (4)  The commission shall report the activities

  7  undertaken in response to the requirements of this section to

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

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

10  Recommended code provisions and the legislative changes

11  required for implementation shall be attached as appendices to

12  the annual report.

13         Section 2.  Section 399.01, Florida Statutes, is

14  amended to read:

15         399.01  Definitions.--As used in this chapter, the

16  term:

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

18  vertical conveyance other than maintenance, repair, or

19  replacement.

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

21  issued by the division which evidences the competency of a

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

23  vertical conveyance.

24         (2)(3)  "Certificate of operation" means a document

25  issued by the department which indicates that the conveyance

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

27  have been paid as provided in this chapter.

28         (3)(4)  "Conveyance" means an elevator, dumbwaiter,

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

30  chairlift.

31         (4)(5)  "Department" means the Department of Business

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





  1  and Professional Regulation.

  2         (5)(6)  "Division" means the Division of Hotels and

  3  Restaurants of the Department of Business and Professional

  4  Regulation.

  5         (6)(7)  "Elevator" means one of the following

  6  mechanical devices:

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

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

  9  more landings to transport material or passengers or both.

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

11  continuous stairway used for raising or lowering passengers.

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

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

14  guide rails and serves two or more landings.

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

16  passenger-carrying device on which passengers stand or walk

17  and in which the passenger-carrying surface remains parallel

18  to its direction of motion and is uninterrupted.

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

20  used to transport physically handicapped persons over

21  architectural barriers.

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

23  a device used to transport wheelchair handicapped persons over

24  architectural barriers.

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

26  escalator in the Florida Building Code.

27         (7)(9)  "Existing installation" means an installation

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

29  Code.

30         (8)(10)  "Elevator Safety Technical Advisory Committee"

31  means the committee appointed by the secretary of the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





  1  Department of Business and Professional Regulation.

  2         (9)(11)  "Private residence" means a separate dwelling

  3  or a separate apartment in a multiple dwelling which is

  4  occupied by members of a single-family unit.

  5         (10)(12)  "Service maintenance contract" means a

  6  contract that provides for routine examination, lubrication,

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

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

  9  elevator and annual relief pressure test on a hydraulic

10  elevator and any other service, repair, and maintenance

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

12  service maintenance contract shall be made available upon

13  request of the department for purposes of oversight and

14  monitoring.

15         (11)(13)  "Temporarily dormant conveyance" means a

16  conveyance whose power supply has been disconnected by

17  removing fuses and placing a padlock on the mainline

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

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

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

21  a certified certificate of competency elevator inspector. This

22  conveyance installation may not be used again until it has

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

24  Annual inspections shall continue for the duration of the

25  temporarily dormant status by a certified certificate of

26  competency elevator inspector. The temporarily dormant status

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

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

29  chief elevator inspector describing the current conditions.

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

31  without permission from the department elevator inspector.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





  1         (12)(14)  "Temporary operation inspection permit" means

  2  an inspection performed by a certified elevator inspector, the

  3  successful passage of a document issued by the department

  4  which permits the temporary use of a noncompliant vertical

  5  conveyance as provided by rule.

  6         (13)(15)  "Registered elevator company" means an entity

  7  registered with and authorized by the division employing

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

  9  any vertical conveyance. Each registered elevator company must

10  annually register with the division and maintain general

11  liability insurance coverage in the minimum amounts set by

12  rule the division.

13         (14)(16)  "Certified elevator inspector" is a natural

14  person registered with and authorized by the division to

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

16  conveyance, after having properly acquired the qualified

17  elevator inspector credential as prescribed by the American

18  Society of Mechanical Engineers. Each certified elevator

19  inspector must annually register with the division and provide

20  from the National Association of Elevator Safety Authorities.

21  Such person shall remain so authorized by the division only

22  upon providing annual proof of completion of 8 hours of

23  continuing education, proof that and the qualified elevator

24  inspector credential remains in good standing, and proof of

25  with the National Association of Elevator Safety Authorities.

26  A licensed mechanical engineer whose license is in good

27  standing may be authorized as a certified elevator inspector

28  by the division. Each certified elevator inspector must

29  annually register with the division and maintain general

30  liability insurance coverage in the minimum amounts set by the

31  division.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





  1         (15)(17)  "Certified elevator technician" means a

  2  natural person authorized by the division to construct,

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

  4  having been issued an elevator certificate of competency by

  5  the division. Each certified elevator technician must annually

  6  register with the division and be covered by maintain general

  7  liability insurance coverage in the minimum amounts set by the

  8  division.

  9         (16)(18)  "Elevator helper" means a natural person

10  performing work under the direct supervision of an elevator

11  certificate of competency holder a certified elevator

12  inspector or an elevator technician to construct, install,

13  maintain, or repair any vertical conveyance.

14         (17)(19)  "Elevator certificate of competency" means a

15  credential issued by the division to any individual natural

16  person successfully completing an examination as prescribed by

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

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

19  renewed by the division when the division receives proof of

20  the elevator certificate of competency holder's completion of

21  8 hours of continuing education from a provider approved by

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

23  department shall adopt by rule criteria for providing approval

24  and procedures for continuing education reporting.

25         (a)  An elevator certificate of competency may be

26  issued only if the applicant meets the following requirements:

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

28  maintenance, service, and repair of conveyances covered by

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

30  previously registered elevator companies as required by the

31  division.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





  1         2.  One of the following:

  2         a.  Proof of completion and successful passage of a

  3  written examination administered by the division or a provider

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

  5         b.  Proof of completion of an apprenticeship program

  6  for elevator mechanics which has standards substantially

  7  equivalent to those found in a national training program for

  8  elevator mechanics and is registered with the Bureau of

  9  Apprenticeship and Training of the United States Department of

10  Labor or a state apprenticeship authority.

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

12  local jurisdiction in the United States having standards

13  substantially equal to or more stringent than those of this

14  chapter.

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

16  good standing may be granted an elevator certificate of

17  competency.

18

19  All other building transportation terms are defined in the

20  current Florida Building Code.

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

22  Florida Statutes, are amended to read:

23         399.02  General requirements.--

24         (1)  The Elevator Safety Technical Advisory Committee

25  shall develop and submit to the Director of Hotels and

26  Restaurants proposed regarding revisions to the elevator

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

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

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

30  for the correction of violations and deficiencies until the

31  elevator has been inspected and a certificate of operation has

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





  1  been issued by the department.  The construction permitholder

  2  is responsible for all tests of new and altered equipment

  3  until the elevator has been inspected and a certificate of

  4  operation has been issued by the department.

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

  6  operation, and proper maintenance, and inspection and

  7  correction of code deficiencies of the elevator after it has

  8  been inspected and a certificate of operation has been issued

  9  by the department. The responsibilities of the elevator owner

10  may be assigned by lease.

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

12  60 days before the expiration of the certificate of operation

13  whether there exists a service maintenance contract, with whom

14  the contract exists, and the details concerning the provisions

15  and implementation of the contract which the department

16  requires. The department shall keep the names of companies

17  with whom the contract exists confidential pursuant to the

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

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

20  department.  The elevator owner must report any material

21  change in the service maintenance contract no fewer than 30

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

23  shall determine whether the provisions of the service

24  maintenance contract and its implementation ensure the safe

25  operation of the elevator.

26         Section 4.  Section 399.03, Florida Statutes, is

27  amended to read:

28         399.03  Design, installation, and alteration of

29  conveyances.--

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

31  erected, constructed, installed, or altered within buildings

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





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

  2  department before the work is commenced. Permits must be

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

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

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

  6  fees and a sworn statement from an agent of the registered

  7  elevator company that the plans meet all applicable elevator

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

  9  registered elevator companies in good standing. When any

10  material alteration is made, the alteration device must

11  conform to applicable requirements of the Florida Building

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

13  permit required hereunder may not be issued except to a

14  person, firm, or corporation holding a current elevator

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

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

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

18  operation is issued.

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

20  application requirements and permit fees.

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

22         (a)  There are any false statements or

23  misrepresentations as to the material facts in the

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

25  based.

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

27  accordance with the code or rules.

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

29  performed in accordance with the provisions of the

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

31  conditions of the permit.

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





  1         (d)  The construction permitholder to whom the permit

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

  3         (4)  A permit expires if:

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

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

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

  7  time the permit is issued.

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

  9  60 days, or such shorter period of time as the department may

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

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

12  discretionary extension for the foregoing period.

13         (5)  All new conveyance installations must be performed

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

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

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

17  certify compliance with the applicable sections of this

18  chapter and the Florida Building Code. Before any vertical

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

20  must be inspected by a certified elevator licensed inspector

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

22  with the elevator construction permitholder or elevator owner

23  and certified as meeting the safety provisions of the Florida

24  Building Code, including the performance of all required

25  safety tests. The certified elevator inspector shall provide

26  the original copy of the inspection report to the department

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

28  may not be issued until the permitholder provides an affidavit

29  signed by the construction supervisor attesting that the

30  supervisor directly supervised the construction or

31  installation of the elevator. Upon successful inspection, the

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





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

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

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

  4  the responsibility of the licensed elevator construction

  5  permitholder to complete and submit a first-time registration

  6  for a new installation. Vertical conveyances, including

  7  stairway chairlifts, and inclined or vertical wheelchair lifts

  8  located in private residences are not required to obtain a

  9  certificate of operation under this chapter.

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

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

12  conveyance. A certificate of operation must be clearly

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

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

15  personnel. Certificates of operation may only be renewed for

16  vertical conveyances having a current satisfactory inspection.

17         (6)(7)  At the department's request, and to facilitate

18  oversight and monitoring, the permitholder shall notify the

19  department of the scheduled final inspection date and time for

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

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

22  the presence of a licensed elevator inspector not associated

23  with or employed by the installing company or contractor,

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

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

26  the applicable provisions of the Florida Building Code.

27         (7)(8)  Each elevator shall comply with the edition of

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

29  effect at the time of receipt of application for the

30  construction permit for the elevator.

31         (8)(9)  Each alteration to, or relocation of, an

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





  1  elevator shall comply with the edition of the Florida Building

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

  3  receipt of the application for the construction permit for the

  4  alteration or relocation.

  5         (9)(10)  When any change is made in the classification

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

  7  requirements of the version of the Florida Building Code or

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

  9  receipt of the application for the construction permit for the

10  change in classification.

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

12  installation or alteration is authorized for a period of 30

13  days after the completion of a satisfactory temporary

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

15  use is authorized from the date of completion of each

16  additional satisfactory temporary operation inspection. A

17  satisfactory temporary operation inspection must satisfy the

18  following criteria: the elevator is tested under contract

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

20  interlocks are installed; the car is completely enclosed,

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

22  are installed and properly functioning; and terminal stopping

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

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

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

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

27  operating speed of the elevator, and the governor tripping

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

29  the elevator.

30         (b)  Temporary use is authorized only when a

31  satisfactory temporary operation inspection report, completed

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





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

  2  a notice prescribed by the department, bearing a statement

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

  4  elevator inspector, are conspicuously posted in the elevator.

  5         Section 5.  Section 399.049, Florida Statutes, is

  6  amended to read:

  7         399.049  Disciplinary action Certificate of

  8  competency.--

  9         (1)  SUSPENSION OR REVOCATION OF LICENSE OR CERTIFICATE

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

11  elevator inspector certification, an elevator company

12  registration, an elevator a license or certificate of

13  competency, or an elevator certificate of operation issued

14  under this chapter or impose an administrative penalty of up

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

16  licensee or certificateholder who commits any one or more of

17  the following violations:

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

19  the application for registration, certification, or any permit

20  or certificate issued under this chapter.

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

22  practice of the profession securing a license or certificate

23  of competency.

24         (c)  Failure by a certified elevator inspector to

25  provide to notify the department and the certificate of

26  operation holder with a copy of the inspection report within 5

27  days after the date of any inspection performed after the

28  initial certificate of operation is issued of a conveyance

29  covered by this chapter that is not in compliance with the

30  provisions of the elevator safety code incorporated into the

31  Florida Building Code.

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 483402





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

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

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

  4  rules adopted thereunder.

  5         Section 6.  Section 399.061, Florida Statutes, is

  6  amended to read:

  7         399.061  Inspections; service maintenance contracts;

  8  correction of deficiencies.--

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

10  this chapter must be annually inspected by a certified

11  elevator inspector through a third-party inspection service,

12  or by a municipality or county under contract with the

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

14  conveyance is maintained pursuant to a service maintenance

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

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

17  not employed by or otherwise associated with the maintenance

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

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

20  a service maintenance contract, an inspection is not required

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

22  verifying the existence, performance, and cancellation of each

23  service maintenance contract must be filed annually with the

24  division as prescribed by rule.

25         (b)  A statement verifying the existence and

26  performance of each service maintenance contract must be filed

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

28  Cancellation of a service maintenance contract must be

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

30  may inspect an elevator whenever necessary to ensure its safe

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

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                                                  SENATE AMENDMENT

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  1  available for a routine inspection.

  2         (2)  The division may employ state elevator inspectors

  3  to inspect an elevator whenever necessary to ensure its safe

  4  operation. The division may also employ state elevator

  5  inspectors to conduct any the inspections as required by this

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

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

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

  9  elevator inspector is not available. Each state elevator

10  inspector shall be properly qualified as a certified elevator

11  inspector hold a certificate of competency issued by the

12  division.

13         (3)  Whenever the division determines from the results

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

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

16  the elevator or order the discontinuance of the use of the

17  elevator until the division determines by inspection that such

18  elevator has been satisfactorily repaired or replaced so that

19  the elevator may be operated in a safe manner.

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

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

22  division may issue an order to the elevator owner requiring

23  correction of the violation and reinspection of the elevator

24  evidencing the correction.

25         Section 7.  Section 399.07, Florida Statutes, is

26  amended to read:

27         399.07  Certificates of operation; temporary operation

28  permits; fees.--

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

30  until the elevator company supervisor signs an affidavit

31  stating that the elevator company supervisor directly

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 483402





  1  supervised construction or installation of the elevator.

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

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

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

  5  department may adopt rules establishing a procedure for

  6  certificate renewal. Certificates of operation may be renewed

  7  only for vertical conveyances having a current satisfactory

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

  9  certificate of operation is in violation of this chapter.

10  Certificate of operation renewal applications received by the

11  department after the date of expiration of the last current

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

13  addition to the renewal fee and any other fees required by

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

15  renewal of certificates of operation. The fees must be

16  deposited into the Hotel and Restaurant Trust Fund. The

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

18  of certificates of operation.  The renewal period commences on

19  August 1 of each year.

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

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

22  a transparent cover.

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

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

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

26  operation filed with the department after expiration date of

27  the certificate must be accompanied by a delinquency fee of

28  $50 in addition to the annual renewal fee and any other fees

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

30  Restaurant Trust Fund.

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

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  1  permit authorizing the temporary use of an elevator during

  2  installation or alteration to an elevator company or general

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

  4  temporary operation permit may not be issued until the

  5  elevator has been inspected by a state elevator inspector and

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

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

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

  9  electrical safety devices are installed and properly

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

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

12  temporary enclosure, the operating means must be by constant

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

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

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

16  operating speed of the elevator.

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

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

19  the discretion of the department.

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

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

22  elevator has not been finally approved by a state elevator

23  inspector, must be conspicuously posted in the elevator.

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

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

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

27  Trust Fund.

28         (3)  The certificate of operation shall contain the

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

30  in elevators.

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

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  1  SMOKING" along with the international symbol for no smoking

  2  shall be conspicuously displayed within the interior of the

  3  elevator in the plain view of the public.

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

  5  authorized by this chapter operation permit, the operation or

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

  7  prohibited until the elevator has passed the tests and

  8  inspections required by this chapter and a certificate of

  9  operation has been issued.

10         (6)  The department may suspend any certificate of

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

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

13  suspension remains in effect until the department receives

14  satisfactory results of an inspection performed by a certified

15  elevator inspector indicating determines, by inspection, that

16  the elevator has been brought into compliance.

17         Section 8.  Section 399.105, Florida Statutes, is

18  amended to read:

19         399.105  Administrative fines.--

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

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

22  requests of the department to determine whether the provisions

23  of a service maintenance contract and its implementation

24  ensure assure safe elevator operation is subject to an

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

26  other penalty provided by law.

27         (2)  Any person who commences the operation,

28  installation, relocation, or alteration of any elevator for

29  which a permit or certificate is required by this chapter

30  without having obtained from the department the permit or

31  certificate is subject to an administrative fine not greater

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

  2  No fine may be imposed under this subsection for commencing

  3  installation without a construction permit if such permit is

  4  issued within 60 days after the actual commencement of

  5  installation.

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

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

  8  been sealed by the department is subject to an administrative

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

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

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

12  law.

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

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

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

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

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

18         (5)  All administrative fines collected shall be

19  deposited into the Hotel and Restaurant Trust Fund.

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

21  Statutes, is amended to read:

22         399.106  Elevator Safety Technical Advisory

23  Committee.--

24         (2)  The committee members shall serve staggered terms

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

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

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

28         Section 10.  Section 399.125, Florida Statutes, is

29  amended to read:

30         399.125  Reporting of elevator accidents or incidents;

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

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

  2  operation holder shall report the accident or incident to the

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

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

  5  will subject the certificate of operation holder to an

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

  7  amount not to exceed $1,000.

  8         Section 11.  Section 399.13, Florida Statutes, is

  9  amended to read:

10         399.13  Delegation of authority to municipalities or

11  counties.--

12         (1)  The department may enter into contracts with

13  municipalities or counties under which such municipalities or

14  counties will issue construction permits, temporary operation

15  permits, and certificates of operation; will provide for

16  inspection of elevators, including temporary operation

17  inspections; and will enforce the applicable provisions of the

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

19  municipality or county may choose to require inspections to be

20  performed by its own inspectors or by private certified

21  elevator inspectors. Each such agreement shall include a

22  provision that the municipality or county shall maintain for

23  inspection by the department copies of all applications for

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

25  proper records showing the number of certificates of operation

26  issued; shall include a provision that each required

27  inspection be conducted by a certified elevator inspector the

28  holder of a certificate of competency issued by the

29  department; and may include such other provisions as the

30  department deems necessary.

31         (2)  The department may make inspections of elevators

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  1  in such municipality or county for the purpose of determining

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

  3  cancel the contract with any municipality or county which the

  4  department finds has failed to comply with such contract or

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

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

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

  8  issued after October 1, 1990.

  9         Section 12.  Subsection (1) of section 553.512, Florida

10  Statutes, is amended to read:

11         553.512  Modifications and waivers; advisory council.--

12         (1)  The Florida Building Commission shall provide by

13  regulation criteria for granting individual modifications of,

14  or exceptions from, the literal requirements of this part upon

15  a determination of unnecessary, unreasonable, or extreme

16  hardship, provided such waivers shall not violate federal

17  accessibility laws and regulations and shall be reviewed by

18  the Accessibility Advisory Council. Notwithstanding any other

19  provision of this subsection, if an applicant for a waiver

20  demonstrates economic hardship in accordance with 28 C.F.R.

21  36.403(f)(1), a waiver shall be granted. The commission may

22  not consider waiving any of the requirements of s. 553.5041

23  unless the applicant first demonstrates that she or he has

24  applied for and been denied waiver or variance from all local

25  government zoning, subdivision regulations, or other

26  ordinances that prevent compliance therewith. Further, the

27  commission may not waive the requirement of s. 553.5041(5)(a)

28  and (c)1. governing the minimum width of accessible routes and

29  minimum width of accessible parking spaces.

30         Section 13.  Paragraph (b) of subsection (4) and

31  paragraph (e) of subsection (8) of section 553.73, Florida

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  1  Statutes, as amended by section 2 of chapter 2001-372, Laws of

  2  Florida, is amended to read:

  3         553.73  Florida Building Code.--

  4         (4)

  5         (b)  Local governments may, subject to the limitations

  6  of this section, adopt amendments to the technical provisions

  7  of the Florida Building Code which apply solely within the

  8  jurisdiction of such government and which provide for more

  9  stringent requirements than those specified in the Florida

10  Building Code, not more than once every 6 months. A local

11  government may adopt technical amendments that address local

12  needs if, provided:

13         1.  The local governing body determines, following a

14  public hearing which has been advertised in a newspaper of

15  general circulation at least 10 days before the hearing, that

16  there is a need to strengthen the requirements of the Florida

17  Building Code. The determination must be based upon a review

18  of local conditions by the local governing body, which review

19  demonstrates by evidence or data that the geographical

20  jurisdiction governed by the local governing body exhibits a

21  local need to strengthen the Florida Building Code beyond the

22  needs or regional variation addressed by the Florida Building

23  Code, that the local need is addressed by the proposed local

24  amendment, and that the amendment is no more stringent than

25  necessary to address the local need that local conditions

26  justify more stringent requirements than those specified in

27  the Florida Building Code for the protection of life and

28  property.

29         2.  Such additional requirements are not discriminatory

30  against materials, products, or construction techniques of

31  demonstrated capabilities.

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  1         3.  Such additional requirements may not introduce a

  2  new subject not addressed in the Florida Building Code.

  3         4.  The enforcing agency shall make readily available,

  4  in a usable format, all amendments adopted pursuant to this

  5  section.

  6         5.  Any amendment to the Florida Building Code shall be

  7  transmitted within 30 days by the adopting local government to

  8  the commission.  The commission shall maintain copies of all

  9  such amendments in a format that is usable and obtainable by

10  the public. Local technical amendments shall not become

11  effective until 30 days after the amendment has been received

12  and published by the commission.

13         6.  Any amendment to the Florida Building Code adopted

14  by a local government pursuant to this paragraph shall be

15  effective only until the adoption by the commission of the new

16  edition of the Florida Building Code every third year. At such

17  time, the commission shall review such amendment for

18  consistency with the criteria in paragraph (6)(a) and adopt

19  such amendment as part of the Florida Building Code or rescind

20  the amendment. The commission shall immediately notify the

21  respective local government of the rescission of any

22  amendment. After receiving such notice, the respective local

23  government may readopt the rescinded amendment pursuant to the

24  provisions of this paragraph.

25         7.  Each county and municipality desiring to make local

26  technical amendments to the Florida Building Code shall by

27  interlocal agreement establish a countywide compliance review

28  board to review any amendment to the Florida Building Code,

29  adopted by a local government within the county pursuant to

30  this paragraph, that is challenged by any substantially

31  affected party for purposes of determining the amendment's

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  1  compliance with this paragraph. If challenged, the local

  2  technical amendments shall not become effective until time for

  3  filing an appeal pursuant to subparagraph 8 has expired or, if

  4  there is an appeal, until the commission issues its final

  5  order determining the adopted amendment is in compliance with

  6  this subsection.

  7         8.  If the compliance review board determines such

  8  amendment is not in compliance with this paragraph, the

  9  compliance review board shall notify such local government of

10  the noncompliance and that the amendment is invalid and

11  unenforceable until the local government corrects the

12  amendment to bring it into compliance. The local government

13  may appeal the decision of the compliance review board to the

14  commission, which shall conduct a hearing under chapter 120

15  and the uniform rules of procedure. If the compliance review

16  board determines such amendment to be in compliance with this

17  paragraph, any substantially affected party may appeal such

18  determination to the commission, which shall conduct a hearing

19  under chapter 120 and the uniform rules of procedure. Any such

20  appeal shall be filed with the commission within 14 days of

21  the board's written determination. The commission shall

22  promptly refer the appeal to the Division of Administrative

23  Hearings for the assignment of an administrative law judge.

24  The administrative law judge shall conduct the required

25  hearing within 30 days, and shall enter a recommended order

26  within 30 days of the conclusion of such hearing. The

27  commission shall enter a final order within 30 days

28  thereafter. The provisions of chapter 120 and the uniform

29  rules of procedure shall apply to such proceedings. The local

30  government adopting the amendment that is subject to challenge

31  has the burden of proving that the amendment complies with

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  1  this paragraph in proceedings before the compliance review

  2  board and the commission, as applicable. Actions of the

  3  commission are subject to judicial review pursuant to s.

  4  120.68. The compliance review board shall determine whether

  5  its decisions apply to a respective local jurisdiction or

  6  apply countywide.

  7         9.8.  An amendment adopted under this paragraph shall

  8  include a fiscal impact statement which documents the costs

  9  and benefits of the proposed amendment.  Criteria for the

10  fiscal impact statement shall include the impact to local

11  government relative to enforcement, the impact to property and

12  building owners, as well as to industry, relative to the cost

13  of compliance. The fiscal impact statement may not be used as

14  a basis for challenging the amendment for compliance.

15         10.9.  In addition to subparagraphs 7. and 9. 8., the

16  commission may review any amendments adopted pursuant to this

17  subsection and make nonbinding recommendations related to

18  compliance of such amendments with this subsection.

19         (8)  The following buildings, structures, and

20  facilities are exempt from the Florida Building Code as

21  provided by law, and any further exemptions shall be as

22  determined by the Legislature and provided by law:

23         (e)  Mobile or modular structures homes used as

24  temporary offices, except that the provisions of part V

25  relating to accessibility by persons with disabilities shall

26  apply to such mobile or modular structures homes.

27

28  With the exception of paragraphs (a), (b), (c), and (f), in

29  order to preserve the health, safety, and welfare of the

30  public, the Florida Building Commission may, by rule adopted

31  pursuant to chapter 120, provide for exceptions to the broad

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  1  categories of buildings exempted in this section, including

  2  exceptions for application of specific sections of the code or

  3  standards adopted therein. The Department of Agriculture and

  4  Consumer Services shall have exclusive authority to adopt by

  5  rule, pursuant to chapter 120, exceptions to nonresidential

  6  farm buildings exempted in paragraph (c) when reasonably

  7  necessary to preserve public health, safety, and welfare. The

  8  exceptions must be based upon specific criteria, such as

  9  under-roof floor area, aggregate electrical service capacity,

10  HVAC system capacity, or other building requirements. Further,

11  the commission may recommend to the Legislature additional

12  categories of buildings, structures, or facilities which

13  should be exempted from the Florida Building Code, to be

14  provided by law.

15         Section 14.  Effective October 1, 2003, subsection (1)

16  of section 553.74, Florida Statutes, is amended to read:

17         553.74  Florida Building Commission.--

18         (1)  The Florida Building Commission is created and

19  shall be located within the Department of Community Affairs

20  for administrative purposes. Members shall be appointed by the

21  Governor subject to confirmation by the Senate. The commission

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

23         (a)  One architect registered to practice in this state

24  and actively engaged in the profession.

25         (b)  One structural engineer registered to practice in

26  this state and actively engaged in the profession.

27         (c)  One air-conditioning or mechanical contractor

28  certified to do business in this state and actively engaged in

29  the profession.

30         (d)  One electrical contractor certified to do business

31  in this state and actively engaged in the profession.

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  1         (e)  One member from fire protection engineering or

  2  technology who is actively engaged in the profession.

  3         (f)  One general contractor certified to do business in

  4  this state and actively engaged in the profession.

  5         (g)  One plumbing contractor licensed to do business in

  6  this state and actively engaged in the profession.

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

  8  contractor certified to do business in this state and actively

  9  engaged in the profession.

10         (i)  One residential contractor licensed to do business

11  in this state and actively engaged in the profession.

12         (j)  Three members who are municipal or district codes

13  enforcement officials, one of whom is also a fire official.

14         (k)  One member who represents the Department of

15  Insurance.

16         (l)  One member who is a county codes enforcement

17  official.

18         (m)  One member of a Florida-based organization of

19  persons with disabilities or a nationally chartered

20  organization of persons with disabilities with chapters in

21  this state.

22         (n)  One member of the manufactured buildings industry

23  who is licensed to do business in this state and is actively

24  engaged in the industry.

25         (o)  One mechanical or electrical engineer registered

26  to practice in this state and actively engaged in the

27  profession.

28         (p)  One member who is a representative of a

29  municipality or a charter county.

30         (q)  One member of the building products manufacturing

31  industry who is authorized to do business in this state and is

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  1  actively engaged in the industry.

  2         (r)  One member who is a representative of the building

  3  owners and managers industry who is actively engaged in

  4  commercial building ownership or management.

  5         (s)  One member who is a representative of the

  6  insurance industry.

  7         (t)  One member who is a representative of public

  8  education.

  9         (u)  One member who shall be the chair.

10

11  Any person serving on the commission under paragraph (c) or

12  paragraph (h) on October 1, 2003, and who has served less than

13  two full terms is eligible for reappointment to the commission

14  regardless of whether he or she meets the new qualification.

15         Section 15.  Subsection (7) is added to section 553.77,

16  Florida Statutes, to read:

17         553.77  Specific powers of the commission.--

18         (7)  The commission shall by rule establish an informal

19  process of rendering nonbinding interpretations of the Florida

20  Building Code.  The commission is specifically authorized to

21  refer interpretive issues to organizations that represent

22  those engaged in the construction industry.  The commission is

23  directed to immediately implement the process prior to the

24  completion of formal rulemaking.  It is the intent of the

25  Legislature that the commission create a process to refer

26  questions to a small, rotating group of individuals licensed

27  under part XII of chapter 468, to which a party can pose

28  questions regarding the interpretation of code provisions.  It

29  is the intent of the Legislature that the process provide for

30  the expeditious resolution of the issues presented and

31  publication of the resulting interpretation on the Building

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  1  Code Information System.  Such interpretations are to be

  2  advisory only and nonbinding on the parties or the commission.

  3         Section 16.  Effective October 1, 2002, section

  4  553.791, Florida Statutes, is created to read:

  5         553.791  Alternative plans review and inspection.--

  6         (1)  As used in this section, the term:

  7         (a)  "Applicable codes" means the Florida Building Code

  8  and any local technical amendments to the Florida Building

  9  Code but does not include the applicable minimum fire

10  prevention and firesafety codes adopted pursuant to chapter

11  633.

12         (b)  "Building" means any construction, erection,

13  alteration, demolition, or improvement of, or addition to, any

14  structure for which permitting by a local enforcement agency

15  is required.

16         (c)  "Building code inspection services" means those

17  services described in s. 468.603(6) and (7) involving the

18  review of building plans to determine compliance with

19  applicable codes and those inspections required by law of each

20  phase of construction for which permitting by a local

21  enforcement agency is required to determine compliance with

22  applicable codes.

23         (d)  "Duly authorized representative" means an agent of

24  the private provider identified in the permit application who

25  reviews plans or performs inspections as provided by this

26  section and who is licensed as an engineer under chapter 471

27  or as an architect under chapter 481 or who holds a standard

28  certificate under part XII of chapter 468.

29         (e)  "Local building official" means the individual

30  within the governing jurisdiction responsible for direct

31  regulatory administration or supervision of plans review,

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  1  enforcement, and inspection of any construction, erection,

  2  alteration, demolition, or substantial improvement of, or

  3  addition to, any structure for which permitting is required to

  4  indicate compliance with applicable codes and includes any

  5  duly authorized designee of such person.

  6         (f)  "Permit application" means a properly completed

  7  and submitted application for:

  8         1.  The requested building or construction permit.

  9         2.  The plans reviewed by the private provider.

10         3.  The affidavit from the private provider required

11  pursuant to subsection (5).

12         4.  Any applicable fees.

13         5.  Any documents required by the local building

14  official to determine that the fee owner has secured all other

15  government approvals required by law.

16         (g)  "Private provider" means a person licensed as an

17  engineer under chapter 471 or as an architect under chapter

18  481. For purposes of performing inspections under this section

19  for additions and alterations of 1,000 square feet or less to

20  residential buildings, the term "private provider" also

21  includes a person who holds a standard certificate under part

22  XII of chapter 468.

23         (h)  "Request for certificate of occupancy or

24  certificate of completion" means a properly completed and

25  executed application for:

26         1.  A certificate of occupancy or certificate of

27  completion.

28         2.  A certificate of compliance from the private

29  provider required pursuant to subsection (10).

30         3.  Any applicable fees.

31         4.  Any documents required by the local building

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  1  official to determine that the fee owner has secured all other

  2  government approvals required by law.

  3         (2)  Notwithstanding any other provision of law, the

  4  fee owner of a building may use a private provider to provide

  5  building code inspection services with regard to such building

  6  and may make payment directly to the private provider for the

  7  provision of such services.  All such services shall be the

  8  subject of a written contract between the private provider, or

  9  the private provider's firm, and the fee owner. The fee owner

10  may elect to use a private provider to provide either plans

11  review or required building inspections. The local building

12  official, in his or her discretion and pursuant to duly

13  adopted policies of the local enforcement agency, may require

14  the fee owner who desires to use a private provider to use the

15  private provider to provide both plans review and required

16  building inspection services.

17         (3)  A private provider and any duly authorized

18  representative may only perform building code inspection

19  services that are within the disciplines covered by that

20  person's licensure or certification under chapter 481, chapter

21  471, or chapter 468. A private provider may not provide

22  building code inspection services pursuant to this section

23  upon any building designed or constructed by the private

24  provider or the private provider's firm.

25         (4)  A fee owner using a private provider to provide

26  building code inspection services shall notify the local

27  building official at the time of permit application on a form

28  to be adopted by the commission. This notice shall include the

29  following information:

30         (a)  The services to be performed by the private

31  provider.

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  1         (b)  The name, firm, address, telephone number, and

  2  facsimile number of each private provider who is performing or

  3  will perform such services, his or her professional license or

  4  certification number, qualification statements or resumes,

  5  and, if required by the local building official, a certificate

  6  of insurance demonstrating that professional liability

  7  insurance coverage is in place for the private provider's

  8  firm, the private provider, and any duly authorized

  9  representative in the amounts required by this section.

10         (c)  An acknowledgment from the fee owner in

11  substantially the following form:

12

13         I have elected to use one or more private

14         providers to provide building code plans review

15         and/or inspection services on the building that

16         is the subject of the enclosed permit

17         application, as authorized by s. 553.791,

18         Florida Statutes.  I understand that the local

19         building official may not review the plans

20         submitted or perform the required building

21         inspections to determine compliance with the

22         applicable codes, except to the extent

23         specified in said law.  Instead, plans review

24         and/or required building inspections will be

25         performed by licensed or certified personnel

26         identified in the application.  The law

27         requires minimum insurance requirements for

28         such personnel, but I understand that I may

29         require more insurance to protect my interests.

30         By executing this form, I acknowledge that I

31         have made inquiry regarding the competence of

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  1         the licensed or certified personnel and the

  2         level of their insurance and am satisfied that

  3         my interests are adequately protected. I agree

  4         to indemnify, defend, and hold harmless the

  5         local government, the local building official,

  6         and their building code enforcement personnel

  7         from any and all claims arising from my use of

  8         these licensed or certified personnel to

  9         perform building code inspection services with

10         respect to the building that is the subject of

11         the enclosed permit application.

12

13  If the fee owner makes any changes to the listed private

14  providers or the services to be provided by those private

15  providers, the fee owner shall, within 1 business day after

16  any change, update the notice to reflect such changes.

17         (5)  A private provider performing plans review under

18  this section shall review construction plans to determine

19  compliance with the applicable codes. Upon determining that

20  the plans reviewed comply with the applicable codes, the

21  private provider shall prepare an affidavit or affidavits on a

22  form adopted by the commission certifying, under oath, that

23  the following is true and correct to the best of the private

24  provider's knowledge and belief:

25         (a)  The plans were reviewed by the affiant, who is

26  duly authorized to perform plans review pursuant to this

27  section and holds the appropriate license or certificate.

28         (b)  The plans comply with the applicable codes.

29         (6)(a)  Within 30 business days after receipt of a

30  permit application, the local building official shall issue

31  the requested permit or provide a written notice to the permit

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                                                  SENATE AMENDMENT

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  1  applicant identifying the specific plan features that do not

  2  comply with the applicable codes, as well as the specific code

  3  chapters and sections.  If the local building official does

  4  not provide a written notice of the plan deficiencies within

  5  the prescribed 30-day period, the permit application shall be

  6  deemed approved as a matter of law and the permit shall be

  7  issued by the local building official on the next business

  8  day.

  9         (b)  If the local building official provides a written

10  notice of plan deficiencies to the permit applicant within the

11  prescribed 30-day period, the 30-day period shall be tolled

12  pending resolution of the matter.  To resolve the plan

13  deficiencies, the permit applicant may elect to dispute the

14  deficiencies pursuant to subsection (12) or to submit

15  revisions to correct the deficiencies.

16         (c)  If the permit applicant submits revisions, the

17  local building official has the remainder of the tolled 30-day

18  period plus 5 business days to issue the requested permit or

19  to provide a second written notice to the permit applicant

20  stating which of the previously identified plan features

21  remain in noncompliance with the applicable codes, with

22  specific reference to the relevant code chapters and sections.

23  If the local building official does not provide the second

24  written notice within the prescribed time period, the permit

25  shall be issued by the local building official on the next

26  business day.

27         (d)  If the local building official provides a second

28  written notice of plan deficiencies to the permit applicant

29  within the prescribed time period, the permit applicant may

30  elect to dispute the deficiencies pursuant to subsection (12)

31  or to submit additional revisions to correct the deficiencies.

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                                                  SENATE AMENDMENT

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  1  For all revisions submitted after the first revision, the

  2  local building official has an additional 5 business days to

  3  issue the requested permit or to provide a written notice to

  4  the permit applicant stating which of the previously

  5  identified plan features remain in noncompliance with the

  6  applicable codes, with specific reference to the relevant code

  7  chapters and sections.

  8         (7)  A private provider performing required inspections

  9  under this section shall inspect each phase of construction as

10  required by the applicable codes. The private provider shall

11  be permitted to send a duly authorized representative to the

12  building site to perform the required inspections, provided

13  all required reports and certifications are prepared by and

14  bear the signature of the private provider. The contractor's

15  contractual or legal obligations are not relieved by any

16  action of the private provider.

17         (8)  A private provider performing required inspections

18  under this section shall provide notice to the local building

19  official of the date and approximate time of any such

20  inspection no later than the prior business day by 2 p.m.

21  local time or by any later time permitted by the local

22  building official in that jurisdiction.  The local building

23  official may visit the building site as often as necessary to

24  verify that the private provider is performing all required

25  inspections.

26         (9)  Upon completing the required inspections at each

27  applicable phase of construction, the private provider shall

28  record such inspections on a form acceptable to the local

29  building official.  These inspection records shall reflect

30  those inspections required by the applicable codes of each

31  phase of construction for which permitting by a local

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                                                  SENATE AMENDMENT

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  1  enforcement agency is required. The private provider, before

  2  leaving the project site, shall post each completed inspection

  3  record, indicating pass or fail, at the site and provide the

  4  record to the local building official within 2 business days.

  5  Records of all required and completed inspections shall be

  6  maintained at the building site at all times and made

  7  available for review by the local building official.  The

  8  private provider shall report to the local enforcement agency

  9  any condition that poses an immediate threat to public safety

10  and welfare.

11         (10)  Upon completion of all required inspections, the

12  private provider shall prepare a certificate of compliance, on

13  a form acceptable to the local building official, summarizing

14  the inspections performed and including a written

15  representation, under oath, that the stated inspections have

16  been performed and that, to the best of the private provider's

17  knowledge and belief, the building construction inspected

18  complies with the approved plans and applicable codes.  The

19  statement required of the private provider shall be

20  substantially in the following form:

21

22         To the best of my knowledge and belief, the

23         building components and site improvements

24         outlined herein and inspected under my

25         authority have been completed in conformance

26         with the approved plans and the applicable

27         codes.

28

29         (11)  Within 2 business days after receipt of a request

30  for a certificate of occupancy or certificate of completion

31  and the applicant's presentation of a certificate of

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                                                  SENATE AMENDMENT

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  1  compliance and approval of all other government approvals

  2  required by law, the local building official shall issue the

  3  certificate of occupancy or certificate of completion or

  4  provide a notice to the applicant identifying the specific

  5  deficiencies, as well as the specific code chapters and

  6  sections.  If the local building official does not provide

  7  notice of the deficiencies within the prescribed 2-day period,

  8  the request for a certificate of occupancy or certificate of

  9  completion shall be deemed granted and the certificate of

10  occupancy or certificate of completion shall be issued by the

11  local building official on the next business day.  To resolve

12  any identified deficiencies, the applicant may elect to

13  dispute the deficiencies pursuant to subsection (12) or to

14  submit a corrected request for a certificate of occupancy or

15  certificate of completion.

16         (12)  If the local building official determines that

17  the building construction or plans do not comply with the

18  applicable codes, the official may deny the permit or request

19  for a certificate of occupancy or certificate of completion,

20  as appropriate, or may issue a stop-work order for the project

21  or any portion thereof, if the official determines that such

22  noncompliance poses a threat to public safety and welfare,

23  subject to the following:

24         (a)  The local building official shall be available to

25  meet with the private provider within 2 business days to

26  resolve any dispute after issuing a stop-work order or

27  providing notice to the applicant denying a permit or request

28  for a certificate of occupancy or certificate of completion.

29         (b)  If the local building official and private

30  provider are unable to resolve the dispute, the matter shall

31  be referred to the local enforcement agency's board of

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                                                  SENATE AMENDMENT

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  1  appeals, if one exists, which shall consider the matter at its

  2  next scheduled meeting or sooner.  Any decisions by the local

  3  enforcement agency's board of appeals, or local building

  4  official if there is no board of appeals, may be appealed to

  5  the commission pursuant to s. 553.77(1)(h).

  6         (c)  Notwithstanding any provision of this section, any

  7  decisions regarding the issuance of a building permit,

  8  certificate of occupancy, or certificate of completion may be

  9  reviewed by the local enforcement agency's board of appeals,

10  if one exists.  Any decision by the local enforcement agency's

11  board of appeals, or local building official if there is no

12  board of appeals, may be appealed to the commission pursuant

13  to s. 553.77(1)(h), which shall consider the matter at the

14  commission's next scheduled meeting.

15         (13)  For the purposes of this section, any notice to

16  be provided by the local building official shall be deemed to

17  be provided to the person or entity when successfully

18  transmitted to the facsimile number listed for that person or

19  entity in the permit application or revised permit

20  application, or, if no facsimile number is stated, when

21  actually received by that person or entity.

22         (14)  No local enforcement agency, local building

23  official, or local government may adopt or enforce any laws,

24  rules, procedures, or standards more stringent than those

25  prescribed by this section.

26         (15)  A private provider may perform building code

27  inspection services under this section only if the private

28  provider maintains insurance for professional and

29  comprehensive general liability with minimum policy limits of

30  $1 million per occurrence relating to all services performed

31  as a private provider, including tail coverage for a minimum

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                                                  SENATE AMENDMENT

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  1  of 5 years subsequent to the performance of building code

  2  inspection services.

  3         (16)  When performing building code inspection

  4  services, a private provider is subject to the disciplinary

  5  guidelines of the applicable professional board with

  6  jurisdiction over his or her license or certification under

  7  chapter 468, chapter 471, or chapter 481.  All private

  8  providers shall be subject to the disciplinary guidelines of

  9  s. 468.621(1)(c)-(h).  Any complaint processing,

10  investigation, and discipline that arise out of a private

11  provider's performance of building code inspection services

12  shall be conducted by the applicable professional board.

13         (17)  Each local building code enforcement agency shall

14  develop and maintain a process to audit the performance of

15  building code inspection services by private providers

16  operating within the local jurisdiction.

17         (18)  The local government, the local building

18  official, and their building code enforcement personnel shall

19  be immune from liability to any person or party for any action

20  or inaction by a fee owner of a building, or by a private

21  provider or its duly authorized representative, in connection

22  with building code inspection services as authorized in this

23  act.

24         (19)  The Florida Building Commission shall report on

25  the implementation of this section to the Legislature on or

26  before January 1, 2004, as part of the report required by s.

27  553.77(1)(b).

28         Section 17.  Paragraph (a) of subsection (6) of section

29  553.842, Florida Statutes, is amended to read:

30         553.842  Product evaluation and approval.--

31         (6)  Statewide or local approval of products, methods,

                                  39
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                                                  SENATE AMENDMENT

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  1  or systems of construction may be achieved by one of the

  2  following methods. One of these methods must be used by local

  3  officials or the commission to approve the following

  4  categories of products:  panel walls, exterior doors, roofing,

  5  skylights, windows, shutters, and structural components as

  6  established by the commission by rule.

  7         (a)  Products for which the code establishes

  8  standardized testing or comparative or rational analysis

  9  methods shall be approved by submittal and validation of one

10  of the following reports or listings indicating that the

11  product or method or system of construction was evaluated to

12  be in compliance with the Florida Building Code and that the

13  product or method or system of construction is, for the

14  purpose intended, at least equivalent to that required by the

15  Florida Building Code:

16         1.  A certification mark or listing of an approved

17  certification agency;

18         2.  A test report from an approved testing laboratory;

19         3.  A product evaluation report based upon testing or

20  comparative or rational analysis, or a combination thereof,

21  from an approved product evaluation entity; or

22         4.  A product evaluation report based upon testing or

23  comparative or rational analysis, or a combination thereof,

24  developed and signed and sealed by a professional engineer or

25  architect, licensed in this state.

26

27  A product evaluation report or a certification mark or listing

28  of an approved certification agency which demonstrates that

29  the product or method or system of construction complies with

30  the Florida Building Code for the purpose intended shall be

31  equivalent to a test report and test procedure as referenced

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





  1  in the Florida Building Code.

  2         Section 18.  Section 604.50, Florida Statutes, is

  3  amended to read:

  4         604.50  Nonresidential farm buildings.--Notwithstanding

  5  any other law to the contrary, any nonresidential farm

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

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

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

  9  any building or support structure that is used for

10  agricultural purposes, is located on a farm that is not used

11  as a residential dwelling, and is located on land that is an

12  integral part of a farm operation or is classified as

13  agricultural land under s. 193.461. The term "farm" is as

14  defined in s. 823.14.

15         Section 19.  Subsection (1) of section 627.0629,

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

17  Florida, is amended to read:

18         627.0629  Residential property insurance; rate

19  filings.--

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

21  residential property insurance must include actuarially

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

23  appropriate reductions in deductibles, for properties on which

24  fixtures or construction techniques demonstrated to reduce the

25  amount of loss in a windstorm have been installed or

26  implemented. The fixtures or construction techniques shall

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

28  techniques which enhance roof strength, roof covering

29  performance, roof-to-wall strength,

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

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

                                  41
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                                                  SENATE AMENDMENT

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  1  other rate differentials for fixtures and construction

  2  techniques which meet the minimum requirements of the Florida

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

  4  insurance companies must make a rate filing which includes the

  5  credits, discounts, or other rate differentials by February

  6  28, 2003.

  7         Section 20.  Except as otherwise expressly provided in

  8  this act, this act shall take effect upon becoming a law.

  9

10

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

12  And the title is amended as follows:

13         Delete everything before the enacting clause

14

15  and insert:

16                      A bill to be entitled

17         An act relating to building code development

18         and administration; requiring the Florida

19         Building Commission to develop building code

20         provisions to facilitate the rehabilitation and

21         use of existing structures; requiring the

22         commission to identify legislative changes

23         required to implement code provisions;

24         requiring a report to the Legislature; amending

25         s. 399.01, F.S.; revising and removing

26         definitions; requiring that elevator service

27         maintenance contracts be made available to the

28         Department of Business and Professional

29         Regulation upon request for oversight purposes;

30         revising qualifications for an elevator

31         certificate of competency; amending s. 399.02,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

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

  2         responsible for inspections and correction of

  3         code deficiencies; eliminating a requirement

  4         that the department review service maintenance

  5         contracts and determine whether they ensure

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

  7         revising requirements relating to the design,

  8         installation, and alteration of conveyances;

  9         providing additional requirements for issuance

10         of elevator permits; revising reporting

11         requirements; providing requirements for

12         temporary operation inspections; amending s.

13         399.049, F.S.; revising grounds for suspension

14         or revocation of certification or registration;

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

16         requirement that annual inspections be

17         conducted through third-party inspection

18         services; revising reporting requirements

19         relating to service maintenance contracts;

20         revising requirements relating to the

21         correction of violations; amending s. 399.07,

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

23         certificates of operation from 1 to 2 years;

24         revising fee provisions to conform; amending s.

25         399.105, F.S.; providing administrative fines

26         for violations relating to reporting, operating

27         a sealed elevator, and complying with

28         correction orders; eliminating a restriction on

29         the issuance of an administrative fine relating

30         to commencing installation without a

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

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                                                  SENATE AMENDMENT

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    Amendment No. ___   Barcode 483402





  1         correcting a reference; amending s. 399.125,

  2         F.S.; eliminating the requirement to report

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

  4         allowing municipalities or counties that assume

  5         elevator inspection duties to hire private

  6         inspectors to conduct inspections; amending s.

  7         553.512, F.S.; requiring the granting of a

  8         waiver of certain requirements for

  9         accessibility purposes under certain

10         circumstances; amending s. 553.73, F.S.;

11         revising provisions governing local government

12         amendments to the technical provisions of the

13         Florida Building Code; exempting modular

14         structures from the code; amending s. 553.74,

15         F.S.; revising eligibility for membership on

16         the Florida Building Commission; amending s.

17         553.77, F.S.; providing additional specific

18         powers, duties, and requirements of the

19         commission; providing legislative intent;

20         amending s. 553.791, F.S.; providing

21         alternative procedures for building plans

22         review and inspection; providing definitions;

23         authorizing use of a private provider to review

24         plans and make building code inspections under

25         certain circumstances; providing a limitation;

26         requiring notice to the local building

27         official; specifying notice information;

28         specifying requirements, duties, and

29         responsibilities of a private provider;

30         providing for a certificate of compliance;

31         providing duties of the local building

                                  44
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 2078

    Amendment No. ___   Barcode 483402





  1         official; providing procedures for approval or

  2         denial of a certificate of compliance or a

  3         building permit; prohibiting local entities

  4         from adopting or enforcing certain laws, rules,

  5         procedures, or standards; requiring a private

  6         provider to maintain certain insurance;

  7         subjecting private providers to certain

  8         disciplinary provisions; limiting use of a

  9         private provider under certain circumstances;

10         requiring local building code enforcement

11         agencies to develop and maintain a process to

12         audit the performance of building code

13         inspection services; providing immunity from

14         liability; requiring a report; amending s.

15         553.842, F.S.; providing certain equivalency

16         with respect to product evaluation and approval

17         under the Florida Building Code; amending s.

18         604.50, F.S.; redefining the term

19         "nonresidential farm building" for purposes of

20         an exemption from the Florida Building Code;

21         amending s. 627.0629, F.S.; revising timeframe

22         for rate filing for residential property

23         insurance; providing effective dates.

24

25

26

27

28

29

30

31

                                  45
    12:48 PM   03/20/02                             s2078c2c-09j03

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