March 30, 2020
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CS/CS/CS/CS/HB 663

1
A bill to be entitled
2An act relating to building safety; amending s. 196.031,
3F.S.; specifying an additional condition that constitutes
4an abandonment of homestead property for homestead
5exemption purposes; amending s. 399.02, F.S.; authorizing
6the Division of Hotels and Restaurants of the Department
7of Business and Professional Regulation to have access to
8places in which a conveyance and equipment are located;
9authorizing the division to grant variances from certain
10rules for undue hardship; prohibiting the enforcement of
11Phase II Firefighters' Service on certain elevators for a
12specified period; amending s. 399.15, F.S.; providing an
13alternative method to allow access to regional emergency
14elevators; providing for a uniform lock box; providing for
15a master key; providing the Division of State Fire Marshal
16with enforcement authority; creating s. 455.2122, F.S.;
17authorizing distance learning courses as an alternative to
18classroom instruction for certain licenses; prohibiting
19the department or regulatory board from requiring
20centralized licensing examinations for certain licenses;
21creating s. 455.2123, F.S.; authorizing distance learning
22courses as an alternative to classroom instruction for
23certain licenses; prohibiting the department or a
24regulatory board from requiring centralized licensing
25examinations for certain licenses; amending s. 468.631,
26F.S.; revising the amount of a surcharge and imposing the
27surcharge on certain building permits; requiring the unit
28of government collecting the surcharge to remit the funds
29to the Department of Business and Professional Regulation;
30requiring the unit of government collecting the surcharge
31to retain a portion of the funds to fund certain
32activities of building departments; requiring that the
33remaining funds from the surcharge be used to fund the
34Florida Homeowners' Construction Recovery Fund and the
35Florida Building Code Administrators and Inspectors Board;
36amending s. 468.83, F.S.; providing for the creation of
37the home inspection services licensing program within the
38Department of Business and Professional Regulation;
39amending s. 468.8311, F.S.; revising the term "home
40inspection services"; amending s. 468.8312, F.S.; deleting
41a fee provision for certain certificates of authorization;
42amending s. 468.8313, F.S.; revising examination
43requirements for licensure as a home inspector; providing
44fingerprinting requirements and procedures for license
45applications; providing that the applicant is responsible
46for certain costs; amending s. 468.8318, F.S.; revising
47requirements and procedures for certification of
48corporations and partnerships offering home inspection
49services to the public; deleting provisions relating to
50required certificates of authorization; amending s.
51468.8319, F.S.; delaying the enforcement of a prohibition
52against performing certain activities by a person who is
53not licensed as a home inspector; revising certain
54prohibitions with respect to providers of home inspection
55services; amending s. 468.832, F.S.; providing an
56additional ground for taking certain disciplinary actions;
57amending s. 468.8324, F.S.; specifying additional
58requirements for licensure as a home inspector; creating
59s. 468.8325, F.S.; requiring the department to adopt rules
60to administer part XV of ch. 468, F.S., relating to home
61inspectors; amending s. 468.84, F.S.; providing for the
62creation of the mold-related services licensing program
63within the Department of Business and Professional
64Regulation; amending s. 468.8412, F.S.; deleting a fee
65provision for certain biennial certificates of
66authorization renewal; amending s. 468.8413, F.S.;
67revising examination requirements and procedures for
68licensure as a mold assessor or mold remediator; providing
69fingerprinting requirements and procedures for license
70applications; providing that the applicant is responsible
71for certain costs; amending s. 468.8414, F.S.; specifying
72an additional applicant qualification criterion for
73licensure by endorsement; amending s. 468.8418, F.S.;
74revising requirements and procedures for certification of
75corporations and partnerships offering mold assessment or
76mold remediation services to the public; deleting
77provisions relating to required certificates of
78authorization; amending s. 468.8419, F.S.; delaying the
79enforcement of a prohibition against performing certain
80activities by a person who is not licensed as a mold
81assessor; amending s. 468.842, F.S.; providing an
82additional ground for taking certain disciplinary actions;
83amending s. 468.8421, F.S.; specifying an insurance
84coverage requirement for mold assessors; amending s.
85468.8423, F.S.; specifying additional requirements for
86licensure as a mold assessor or mold remediator; creating
87s. 468.8424, F.S.; requiring the Department of Business
88and Professional Regulation to adopt rules to administer
89part XVI of ch. 468, F.S., relating to mold-related
90services; amending s. 489.103, F.S.; conforming a cross-
91reference; amending s. 553.37, F.S.; authorizing
92manufacturers to pay inspection fees directly to the
93provider of inspection services; providing requirements
94for rules of the Department of Business and Professional
95Regulation regarding the schedule of fees; authorizing the
96department to enter into contracts for the performance of
97certain administrative duties; revising inspection
98requirements for certain custom manufactured buildings;
99amending s. 553.375, F.S.; revising the requirement for
100recertification of manufactured buildings prior to
101relocation; amending s. 553.512, F.S.; requiring the
102Florida Building Commission to establish by rule a fee for
103certain waiver requests; amending s. 553.721, F.S.;
104revising the amount of a surcharge and imposing the
105surcharge on certain building permits; requiring the unit
106of government collecting the surcharge to electronically
107remit the funds to the Department of Community Affairs;
108requiring the unit of government collecting the surcharge
109to retain a portion of the funds to fund certain
110activities of building departments; deleting obsolete
111language; amending s. 553.73, F.S.; conforming cross-
112references; authorizing counties and municipalities to
113adopt by ordinance administrative or technical amendments
114to the Florida Building Code for certain flood-related
115purposes; specifying requirements and procedures; revising
116foundation code adoption requirements; authorizing the
117Florida Building Commission to approve amendments relating
118to equivalency of standards; exempting certain mausoleums
119from the requirements of the Florida Building Code;
120exempting certain temporary housing provided by the
121Department of Corrections from the requirements of the
122Florida Building Code; restricting the code, code
123enforcement agencies, and local governments from imposing
124requirements on certain mechanical equipment on roofs;
125amending s. 553.74, F.S.; specifying absence of
126impermissible conflicts of interest for certain committee
127or workgroup members while representing clients under
128certain circumstances; specifying certain prohibited
129activities for such members; amending s. 553.76, F.S.;
130authorizing the Florida Building Commission to adopt rules
131related to consensus-building decisionmaking; amending s.
132553.775, F.S.; conforming a cross-reference; authorizing
133the commission to charge a fee for filing certain requests
134and for nonbinding interpretations; limiting fees for
135nonbinding interpretations; amending s. 553.79, F.S.;
136requiring certain inspection services to be performed
137under the alternative plans review and inspection process
138or by a local governmental entity; reenacting s.
139553.80(1), F.S., relating to the enforcement of the
140Florida Building Code, to incorporate the amendments made
141to s. 553.79, F.S., in a reference thereto; amending s.
142553.80, F.S.; specifying nonapplicability of certain
143exemptions from the Florida Building Code granted by
144certain enforcement entities under certain circumstances;
145revising requirements for review of facility plans and
146construction surveyed for certain hospitals and health
147care facilities; amending s. 553.841, F.S.; deleting
148provisions requiring that the Department of Community
149Affairs maintain, update, develop, or cause to be
150developed a core curriculum for persons who enforce the
151Florida Building Code; amending s. 553.842, F.S.;
152authorizing rules requiring the payment of product
153evaluation fees directly to the administrator of the
154product evaluation and approval system; specifying the use
155of such fees; authorizing the Florida Building Commission
156to provide by rule for editorial revisions to certain
157approvals and charge certain fees; providing requirements
158for the approval of applications for state approval of a
159product; providing for certain approved products to be
160immediately added to the list of state-approved products;
161requiring that the commission's oversight committee review
162approved products; revising the list of approved
163evaluation entities; deleting obsolete provisions
164governing evaluation entities; amending s. 553.844, F.S.;
165providing an exemption from the requirements regarding
166roof and opening protections for certain exposed
167mechanical equipment or appliances; providing for future
168expiration; amending s. 553.885, F.S.; revising
169requirements for carbon monoxide alarms; providing an
170exception for buildings undergoing alterations or repairs;
171defining the term "addition" as it relates to the
172requirement of a carbon monoxide alarm; amending s.
173553.9061, F.S.; revising the energy-efficiency performance
174options and elements identified by the commission for
175purposes of meeting certain goals; amending s. 553.909,
176F.S.; revising a compliance criterion for certain swimming
177pool pumps or water heaters; revising requirements for
178residential swimming pool pumps and pump motors; amending
179s. 553.912, F.S.; providing requirements for replacement
180air-conditioning systems; amending s. 627.711, F.S.;
181conforming provisions to changes made by the act in which
182core curriculum courses relating to the Florida Building
183Code are deleted; revising the list of persons qualified
184to sign certain mitigation verification forms for certain
185purposes; amending s. 633.021, F.S.; providing additional
186definitions for fire equipment dealers; revising the
187definition of the term "preengineered systems"; amending
188s. 633.0215, F.S.; providing guidelines for the State Fire
189Marshal to apply when issuing an expedited declaratory
190statement; requiring that the State Fire Marshal issue an
191expedited declaratory statement under certain
192circumstances; providing requirements for a petition
193requesting an expedited declaratory statement; exempting
194certain condominiums from installing manual fire alarm
195systems; amending s. 633.0245, F.S.; conforming cross-
196references; amending s. 633.025, F.S.; prohibiting
197requiring property owners to install fire sprinklers in
198certain residential property; amending s. 633.026, F.S.;
199providing legislative intent; revising authority of the
200State Fire Marshal to contract with and refer interpretive
201issues to certain entities; providing for the
202establishment of the Fire Code Interpretation Committee;
203providing for the membership of the committee and
204requirements for membership; requiring that nonbinding
205interpretations of the Florida Fire Prevention Code be
206issued within a specified period after a request is
207received; providing for the waiver of such requirement
208under certain conditions; requiring that the Division of
209State Fire Marshal charge a fee for nonbinding
210interpretations; providing that fees may be paid directly
211to a contract provider; providing requirements for
212requesting a nonbinding interpretation; requiring that the
213Division of State Fire Marshal develop a form for
214submitting a petition for a nonbinding interpretation;
215providing for a formal interpretation by the State Fire
216Marshal; requiring that an interpretation of the Florida
217Fire Prevention Code be published on the division's
218website and in the Florida Administrative Weekly; amending
219s. 626.061, F.S.; authorizing certain fire equipment
220dealer licensees to maintain inactive license status under
221certain circumstances; providing requirements; providing
222for a renewal fee; revising certain continuing education
223requirements; revising an applicant licensure
224qualification requirement; amending s. 633.081, F.S.;
225requiring that the State Fire Marshal inspect a building
226when the State Fire Marshal, rather than the Department of
227Financial Services, has cause to believe a violation has
228occurred; providing exceptions for requirements that
229certain firesafety inspections be conducted by firesafety
230inspectors; requiring that the Division of State Fire
231Marshal and the Florida Building Code Administrators and
232Inspectors Board enter into a reciprocity agreement for
233purposes of recertifying building code inspectors, plan
234inspectors, building code administrators, and firesafety
235inspectors; requiring that the State Fire Marshal develop
236by rule an advanced training and certification program for
237firesafety inspectors who have fire code management
238responsibilities; requiring that the program be consistent
239with certain standards and establish minimum training,
240education, and experience levels for such firesafety
241inspectors; amending s. 633.082, F.S.; authorizing
242alternative inspection procedures for certain fire
243hydrants; requiring periodic testing or operation of
244certain equipment; providing that nonmandated sprinkler
245systems may not be required to be removed; amending s.
246633.352, F.S.; providing an exception to requirements for
247recertification as a firefighter; amending s. 633.521,
248F.S.; revising requirements for certification as a fire
249protection system contractor; revising the prerequisites
250for taking the certification examination; authorizing the
251State Fire Marshal to accept more than one source of
252professional certification; revising legislative intent;
253amending s. 633.524, F.S.; authorizing the State Fire
254Marshal to enter into contracts for examination services;
255providing for the direct payment of examination fees to
256contract providers; amending s. 633.537, F.S.; revising
257the continuing education requirements for certain
258permitholders; amending 633.72, F.S.; revising the terms
259of service for members of the Fire Code Advisory Council;
260repealing s. 718.113(6), F.S., relating to requirements
261for 5-year inspections of certain condominium
262improvements; directing the Florida Building Commission to
263conform provisions of the Florida Building Code with
264revisions made by the act relating to the operation of
265elevators; requiring the Department of Management Services
266to consider the energy efficiency of building materials
267used for certain purposes in state buildings or
268facilities; requiring the department to adopt rules
269relating to installing high-efficiency replacement lamps
270in buildings owned by a state agency; providing an
271effective date.
272
273Be It Enacted by the Legislature of the State of Florida:
274
275     Section 1.  Subsection (6) of section 196.031, Florida
276Statutes, is amended to read:
277     196.031  Exemption of homesteads.-
278     (6)  When homestead property is damaged or destroyed by
279misfortune or calamity and the property is uninhabitable on
280January 1 after the damage or destruction occurs, the homestead
281exemption may be granted if the property is otherwise qualified
282and if the property owner notifies the property appraiser that
283he or she intends to repair or rebuild the property and live in
284the property as his or her primary residence after the property
285is repaired or rebuilt and does not claim a homestead exemption
286on any other property or otherwise violate this section. Failure
287by the property owner to commence the repair or rebuilding of
288the homestead property within 3 years after January 1 following
289the property's damage or destruction constitutes abandonment of
290the property as a homestead. After the 3-year period, the
291expiration, lapse, nonrenewal, or revocation of a building
292permit issued to the property owner for such repairs or
293rebuilding also constitutes abandonment of the property as
294homestead.
295     Section 2.  Subsection (6) of section 399.02, Florida
296Statutes, is amended, and subsections (8) and (9) are added to
297that section, to read:
298     399.02  General requirements.-
299     (6)(a)  The department is empowered to carry out all of the
300provisions of this chapter relating to the inspection and
301regulation of elevators and to enforce the provisions of the
302Florida Building Code.
303     (b)  In order to perform its duties and responsibilities
304under this section, the division may enter and have reasonable
305access to all buildings and rooms or spaces in which an existing
306or newly installed conveyance and equipment are located.
307     (8)  The division may grant variances for undue hardship
308pursuant to s. 120.542 and the rules adopted under this section.
309Such rules must include a process for requests for variances.
310The division may not grant a request for a variance unless it
311finds that the variance will not adversely affect the safety of
312the public.
313     (9)  Updates to the Safety Code for Existing Elevators and
314Escalators, ASME A17.1 and A17.3, which require Phase II
315Firefighters' Service on elevators may not be enforced until
316July 1, 2015, or until the elevator is replaced or requires
317major modification, whichever occurs first, on elevators in
318condominiums or multifamily residential buildings, including
319those that are part of a continuing care facility licensed under
320chapter 651, or similar retirement community with apartments,
321having a certificate of occupancy by the local building
322authority that was issued before July 1, 2008. This exception
323does not prevent an elevator owner from requesting a variance
324from the applicable codes before or after July 1, 2015. This
325subsection does not prohibit the division from granting
326variances pursuant to s. 120.542 and subsection (8). The
327division shall adopt rules to administer this subsection.
328     Section 3.  Present subsection (7) of section 399.15,
329Florida Statutes, is renumbered as subsection (8), and a new
330subsection (7) is added to that section to read:
331     399.15  Regional emergency elevator access.-
332     (7)  As an alternative to complying with the requirements
333of subsection (1), each building in this state which is required
334to meet the provisions of subsections (1) and (2) may instead
335provide for the installation of a uniform lock box that contains
336the keys to all elevators in the building allowing public
337access, including service and freight elevators. The uniform
338lock box must be keyed to allow all uniform lock boxes in each
339of the seven state emergency response regions to operate in fire
340emergency situations using one master key. The master key for
341the uniform lock shall be issued in accordance with subsection
342(3). The Division of State Fire Marshal of the Department of
343Financial Services shall enforce this subsection.
344     Section 4.  Section 455.2122, Florida Statutes, is created
345to read:
346     455.2122  Education.-A board, or the department where there
347is no board, shall approve distance learning courses as an
348alternative to classroom courses to satisfy prelicensure or
349postlicensure education requirements provided for in part VIII
350of chapter 468 or part I of chapter 475. A board, or the
351department when there is no board, may not require centralized
352examinations for completion of prelicensure or postlicensure
353education requirements for those professions licensed under part
354VIII of chapter 468 or part I of chapter 475.
355     Section 5.  Section 455.2123, Florida Statutes, is amended
356to read:
357     455.2123  Continuing education.-A board, or the department
358when there is no board, may provide by rule that distance
359learning may be used to satisfy continuing education
360requirements. A board, or the department when there is no board,
361shall approve distance learning courses as an alternative to
362classroom courses to satisfy continuing education requirements
363provided for in part VIII, part XV, or part XVI of chapter 468
364or part I or part II of chapter 475 and may not require
365centralized examinations for completion of continuing education
366requirements for the professions licensed under part VIII, part
367XV, or part XVI of chapter 468 or part I or part II of chapter
368475.
369     Section 6.  Subsection (1) of section 468.631, Florida
370Statutes, is amended to read:
371     468.631  Building Code Administrators and Inspectors Fund.-
372     (1)  This part shall be funded through a surcharge, to be
373assessed pursuant to s. 125.56(4) or s. 166.201 at the rate of
3741.5 percent of all permit fees associated with enforcement of
375the Florida Building Code as defined by the uniform account
376criteria and specifically the uniform account code for building
377permits adopted for local government financial reporting
378pursuant to s. 218.32 one-half cent per square foot of under-
379roof floor space permitted, including new construction,
380renovations, alterations, and additions. The minimum amount
381collected on any permit issued shall be $2. The unit of
382government responsible for collecting permit fees pursuant to s.
383125.56(4) or s. 166.201 shall collect such surcharge and shall
384remit the funds to the department on a quarterly calendar basis
385beginning not later than December 31, 2010 1993, for the
386preceding quarter, and continuing each third month thereafter;
387and such unit of government shall may retain an amount up to 10
388percent of the surcharge collected to fund the participation of
389building departments in the national and state building code
390adoption processes and to provide education related to
391enforcement of the Florida Building Code projects and activities
392intended to improve the quality of building code enforcement.
393There is created within the Professional Regulation Trust Fund a
394separate account to be known as the Building Code Administrators
395and Inspectors Fund, which shall deposit and disburse funds as
396necessary for the implementation of this part. The proceeds from
397this surcharge shall be allocated equally to fund the Florida
398Homeowners' Construction Recovery Fund established by s. 489.140
399and the functions of the Building Code Administrators and
400Inspectors Board. The department shall annually establish the
401amount needed to fund the certification and regulation of
402building code administrators, plans examiners, and building code
403inspectors. Any funds collected in excess of the amount needed
404to adequately fund the certification and regulation of building
405code administrators, plans examiners, and building code
406inspectors shall be deposited into the Florida Homeowners'
407Construction Recovery Fund established by s. 489.140. If the
408Florida Homeowners' Construction Recovery Fund is fully funded
409as provided by s. 489.140, any remaining funds shall be
410distributed to the Construction Industry Licensing Board for use
411in the regulation of certified and registered contractors.
412     Section 7.  Section 468.83, Florida Statutes, is amended to
413read:
414     468.83  Home inspection services licensing program;
415purpose.-
416     (1)  There is created within the department the home
417inspection services licensing program.
418     (2)  The Legislature recognizes that there is a need to
419require the licensing of home inspectors and to ensure that
420consumers of home inspection services can rely on the competence
421of home inspectors, as determined by educational and experience
422requirements and testing. Therefore, the Legislature deems it
423necessary in the interest of the public welfare to regulate home
424inspectors in this state.
425     Section 8.  Subsection (4) of section 468.8311, Florida
426Statutes, is amended to read:
427     468.8311  Definitions.-As used in this part, the term:
428     (4)  "Home inspection services" means a limited visual
429examination of one or more of the following readily accessible
430installed systems and components of a home: the structure,
431electrical system, HVAC system, roof covering, plumbing system,
432interior components, exterior components, and site conditions
433that affect the structure, for the purposes of providing a
434written professional opinion of the condition of the home.
435     Section 9.  Subsections (4) through (8) of section
436468.8312, Florida Statutes, are amended to read:
437     468.8312  Fees.-
438     (4)  The fee for a certificate of authorization shall not
439exceed $125.
440     (4)(5)  The biennial renewal fee shall not exceed $200.
441     (5)(6)  The fee for licensure by endorsement shall not
442exceed $200.
443     (6)(7)  The fee for application for inactive status or for
444reactivation of an inactive license shall not exceed $200.
445     (7)(8)  The fee for applications from providers of
446continuing education may not exceed $500.
447     Section 10.  Subsections (1) and (2) of section 468.8313,
448Florida Statutes, are amended, present subsection (6) of that
449section is renumbered as subsection (7) and amended, and a new
450subsection (6) is added to that section, to read:
451     468.8313  Examinations.-
452     (1)  A person desiring to be licensed as a home inspector
453must shall apply to the department after he or she satisfies the
454examination requirements of this part to take a licensure
455examination.
456     (2)  An applicant may shall be entitled to take the
457licensure examination for the purpose of determining whether he
458or she is qualified to practice in this state as a home
459inspector if he or she passes the required examination, the
460applicant is of good moral character, and completes has
461completed a course of study of at least no less than 120 hours
462that covers all of the following components of a home:
463structure, electrical system, HVAC system, roof covering,
464plumbing system, interior components, exterior components, and
465site conditions that affect the structure.
466     (6)  An applicant for a license shall submit, together with
467the application, a complete set of electronic fingerprints to
468the department. The department shall submit the fingerprints to
469the Department of Law Enforcement for state processing, and the
470Department of Law Enforcement shall forward them to the Federal
471Bureau of Investigation for national processing, to determine
472whether the applicant has a criminal history record. The
473department shall review the background results to determine if
474an applicant meets licensure requirements. The applicant is
475responsible for the cost associated with processing the
476fingerprints. The authorized agencies or vendors shall collect
477such fees and pay for the processing costs due to the Department
478of Law Enforcement.
479     (7)(6)  The department may adopt rules pursuant to ss.
480120.536(1) and 120.54 to implement the provisions of this
481section.
482     Section 11.  Section 468.8318, Florida Statutes, is amended
483to read:
484     468.8318  Certification of corporations and partnerships.-
485     (1)  The department shall issue a certificate of
486authorization to a corporation or partnership offering home
487inspection services to the public if the corporation or
488partnership satisfies all of the requirements of this part.
489     (2)  The practice of or the offer to practice home
490inspection services by licensees through a corporation or
491partnership offering home inspection services to the public, or
492by a corporation or partnership offering such services to the
493public through licensees under this part as agents, employees,
494officers, or partners, is permitted subject to the provisions of
495this part, provided that all personnel of the corporation or
496partnership who act in its behalf as home inspectors in this
497state are licensed as provided by this part; and further
498provided that the corporation or partnership has been issued a
499certificate of authorization by the department as provided in
500this section. Nothing in this section shall be construed to
501allow a corporation to hold a license to practice home
502inspection services. No corporation or partnership shall be
503relieved of responsibility for the conduct or acts of its
504agents, employees, or officers by reason of its compliance with
505this section, nor shall any individual practicing home
506inspection services be relieved of responsibility for
507professional services performed by reason of his or her
508employment or relationship with a corporation or partnership.
509     (3)  For the purposes of this section, a certificate of
510authorization shall be required for a corporation, partnership,
511association, or person practicing under a fictitious name and
512offering home inspection services to the public; however, when
513an individual is practicing home inspection services in his or
514her own given name, he or she shall not be required to register
515under this section.
516     (4)  Each certificate of authorization shall be renewed
517every 2 years. Each partnership and corporation certified under
518this section shall notify the department within 1 month of any
519change in the information contained in the application upon
520which the certification is based.
521     (5)  Disciplinary action against a corporation or
522partnership shall be administered in the same manner and on the
523same grounds as disciplinary action against a licensed home
524inspector.
525     Section 12.  Section 468.8319, Florida Statutes, is amended
526to read:
527     468.8319  Prohibitions; penalties.-
528     (1)  A person home inspector, a company that employs a home
529inspector, or a company that is controlled by a company that
530also has a financial interest in a company employing a home
531inspector may not:
532     (a)  Effective July 1, 2011, practice or offer to practice
533home inspection services unless the person has complied with the
534provisions of this part;
535     (b)  Effective July 1, 2011, use the name or title
536"certified home inspector," "registered home inspector,"
537"licensed home inspector," "home inspector," "professional home
538inspector," or any combination thereof unless the person has
539complied with the provisions of this part;
540     (c)  Present as his or her own the license of another;
541     (d)  Knowingly give false or forged evidence to the
542department or an employee thereof;
543     (e)  Use or attempt to use a license that has been
544suspended or revoked;
545     (f)  Perform or offer to perform, prior to closing, for any
546additional fee, any repairs to a home on which the inspector or
547the inspector's company has prepared a home inspection report.
548This paragraph does not apply to a home warranty company that is
549affiliated with or retains a home inspector to perform repairs
550pursuant to a claim made under a home warranty contract;
551     (g)  Inspect for a fee any property in which the inspector
552or the inspector's company has any financial or transfer
553interest;
554     (h)  Offer or deliver any compensation, inducement, or
555reward to any broker or agent therefor for the referral of the
556owner of the inspected property to the inspector or the
557inspection company; or
558     (i)  Accept an engagement to make an omission or prepare a
559report in which the inspection itself, or the fee payable for
560the inspection, is contingent upon either the conclusions in the
561report, preestablished findings, or the close of escrow.
562     (2)  Any person who is found to be in violation of any
563provision of this section commits a misdemeanor of the first
564degree, punishable as provided in s. 775.082 or s. 775.083.
565     (3)  This section does not apply to unlicensed activity as
566described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
567which occurs before July 1, 2011.
568     Section 13.  Subsection (1) of section 468.832, Florida
569Statutes, is amended to read:
570     468.832  Disciplinary proceedings.-
571     (1)  The following acts constitute grounds for which the
572disciplinary actions in subsection (2) may be taken:
573     (a)  Violation of any provision of this part or s.
574455.227(1).;
575     (b)  Attempting to procure a license to practice home
576inspection services by bribery or fraudulent misrepresentation.;
577     (c)  Having a license to practice home inspection services
578revoked, suspended, or otherwise acted against, including the
579denial of licensure, by the licensing authority of another
580state, territory, or country.;
581     (d)  Being convicted or found guilty of, or entering a plea
582of nolo contendere to, regardless of adjudication, a crime in
583any jurisdiction that directly relates to the practice of home
584inspection services or the ability to practice home inspection
585services.;
586     (e)  Making or filing a report or record that the licensee
587knows to be false, willfully failing to file a report or record
588required by state or federal law, willfully impeding or
589obstructing such filing, or inducing another person to impede or
590obstruct such filing. Such reports or records shall include only
591those that are signed in the capacity of a licensed home
592inspector.;
593     (f)  Advertising goods or services in a manner that is
594fraudulent, false, deceptive, or misleading in form or content.;
595     (g)  Engaging in fraud or deceit, or negligence,
596incompetency, or misconduct, in the practice of home inspection
597services.;
598     (h)  Failing to perform any statutory or legal obligation
599placed upon a licensed home inspector; violating any provision
600of this chapter, a rule of the department, or a lawful order of
601the department previously entered in a disciplinary hearing; or
602failing to comply with a lawfully issued subpoena of the
603department.; or
604     (i)  Practicing on a revoked, suspended, inactive, or
605delinquent license.
606     (j)  Failing to meet any standard of practice adopted by
607rule of the department.
608     Section 14.  Section 468.8324, Florida Statutes, is amended
609to read:
610     468.8324  Grandfather clause.-
611     (1)  A person who performs home inspection services as
612defined in this part may qualify for licensure to be licensed by
613the department as a home inspector if the person submits an
614application to the department postmarked on or before March 1,
6152011, which shows that the applicant: meets the licensure
616requirements of this part by July 1, 2010.
617     (a)  Is certified as a home inspector by a state or
618national association that requires, for such certification,
619successful completion of a proctored examination on home
620inspection services and completes at least 14 hours of
621verifiable education on such services; or
622     (b)  Has at least 3 years of experience as a home inspector
623at the time of application and has completed 14 hours of
624verifiable education on home inspection services. To establish
625the 3 years of experience, an applicant must submit at least 120
626home inspection reports prepared by the applicant.
627     (2)  The department may investigate the validity of a home
628inspection report submitted under paragraph (1)(b) and, if the
629applicant submits a false report, may take disciplinary action
630against the applicant under s. 468.832(1)(e) or (g).
631     (3)  An applicant may not qualify for licensure under this
632section if he or she has had a home inspector license or a
633license in any related field revoked at any time or suspended
634within the previous 5 years or has been assessed a fine that
635exceeds $500 within the previous 5 years. For purposes of this
636subsection, a license in a related field includes, but is not
637limited to, licensure in real estate, construction, mold-related
638services, or building code administration or inspection.
639     (4)  An applicant for licensure under this section must
640comply with the criminal history, good moral character, and
641insurance requirements of this part.
642     Section 15.  Section 468.8325, Florida Statutes, is created
643to read:
644     468.8325  Rulemaking authority.-The department shall adopt
645rules to administer this part.
646     Section 16.  Section 468.84, Florida Statutes, is amended
647to read:
648     468.84  Mold-related services licensing program;
649legislative purpose.-
650     (1)  There is created within the department the mold-
651related services licensing program.
652     (2)  The Legislature finds it necessary in the interest of
653the public safety and welfare, to prevent damage to real and
654personal property, to avert economic injury to the residents of
655this state, and to regulate persons and companies that hold
656themselves out to the public as qualified to perform mold-
657related services.
658     Section 17.  Subsections (6) through (10) of section
659468.8412, Florida Statutes, are amended to read:
660     468.8412  Fees.-
661     (6)  The fee for a biennial certificate of authorization
662renewal shall not exceed $400.
663     (6)(7)  The fee for licensure by endorsement shall not
664exceed $200.
665     (7)(8)  The fee for application for inactive status shall
666not exceed $100.
667     (8)(9)  The fee for reactivation of an inactive license
668shall not exceed $200.
669     (9)(10)  The fee for applications from providers of
670continuing education may not exceed $500.
671     Section 18.  Subsections (1) and (2) of section 468.8413,
672Florida Statutes, are amended, and subsection (6) is added to
673that section, to read:
674     468.8413  Examinations.-
675     (1)  A person desiring to be licensed as a mold assessor or
676mold remediator must shall apply to the department after
677satisfying the examination requirements of this part to take a
678licensure examination.
679     (2)  An applicant may shall be entitled to take the
680licensure examination to practice in this state as a mold
681assessor or mold remediator if he or she passes the required
682examination, the applicant is of good moral character, and
683completes has satisfied one of the following requirements:
684     (a)1.  For a mold remediator, at least a 2-year associate
685of arts degree, or the equivalent, with at least 30 semester
686hours in microbiology, engineering, architecture, industrial
687hygiene, occupational safety, or a related field of science from
688an accredited institution and a minimum of 1 year of documented
689field experience in a field related to mold remediation; or
690     2.  A high school diploma or the equivalent with a minimum
691of 4 years of documented field experience in a field related to
692mold remediation.
693     (b)1.  For a mold assessor, at least a 2-year associate of
694arts degree, or the equivalent, with at least 30 semester hours
695in microbiology, engineering, architecture, industrial hygiene,
696occupational safety, or a related field of science from an
697accredited institution and a minimum of 1 year of documented
698field experience in conducting microbial sampling or
699investigations; or
700     2.  A high school diploma or the equivalent with a minimum
701of 4 years of documented field experience in conducting
702microbial sampling or investigations.
703     (6)  An applicant for a license shall submit, together with
704the application, a complete set of electronic fingerprints to
705the department. The department shall submit the fingerprints to
706the Department of Law Enforcement for state processing, and the
707Department of Law Enforcement shall forward them to the Federal
708Bureau of Investigation for national processing, to determine
709whether the applicant has a criminal history record. The
710department shall review the background results to determine if
711an applicant meets licensure requirements. The applicant is
712responsible for the cost associated with processing the
713fingerprints. The authorized agencies or vendors shall collect
714such fees and pay for the processing costs due to the Department
715of Law Enforcement.
716     Section 19.  Subsection (3) of section 468.8414, Florida
717Statutes, is amended to read:
718     468.8414  Licensure.-
719     (3)  The department shall certify as qualified for a
720license by endorsement an applicant who is of good moral
721character, who has the insurance coverage required under s.
722468.8421, and who:
723     (a)  Is qualified to take the examination as set forth in
724s. 468.8413 and has passed a certification examination offered
725by a nationally recognized organization that certifies persons
726in the specialty of mold assessment or mold remediation that has
727been approved by the department as substantially equivalent to
728the requirements of this part and s. 455.217; or
729     (b)  Holds a valid license to practice mold assessment or
730mold remediation issued by another state or territory of the
731United States if the criteria for issuance of the license were
732substantially the same as the licensure criteria that is
733established by this part as determined by the department.
734     Section 20.  Section 468.8418, Florida Statutes, is amended
735to read:
736     468.8418  Certification of partnerships and corporations.-
737     (1)  The department shall issue a certificate of
738authorization to a corporation or partnership offering mold
739assessment or mold remediation services to the public if the
740corporation or partnership satisfies all of the requirements of
741this part.
742     (2)  The practice of or the offer to practice mold
743assessment or mold remediation by licensees through a
744corporation or partnership offering mold assessment or mold
745remediation to the public, or by a corporation or partnership
746offering such services to the public through licensees under
747this part as agents, employees, officers, or partners, is
748permitted subject to the provisions of this part, provided that
749the corporation or partnership has been issued a certificate of
750authorization by the department as provided in this section.
751Nothing in this section shall be construed to allow a
752corporation to hold a license to practice mold assessment or
753mold remediation. No corporation or partnership shall be
754relieved of responsibility for the conduct or acts of its
755agents, employees, or officers by reason of its compliance with
756this section, nor shall any individual practicing mold
757assessment or mold remediation be relieved of responsibility for
758professional services performed by reason of his or her
759employment or relationship with a corporation or partnership.
760     (3)  For the purposes of this section, a certificate of
761authorization shall be required for a corporation, partnership,
762association, or person practicing under a fictitious name,
763offering mold assessment or mold remediation; however, when an
764individual is practicing mold assessment or mold remediation
765under his or her own given name, he or she shall not be required
766to register under this section.
767     (4)  Each certificate of authorization shall be renewed
768every 2 years. Each partnership and corporation certified under
769this section shall notify the department within 1 month of any
770change in the information contained in the application upon
771which the certification is based.
772     (5)  Disciplinary action against a corporation or
773partnership shall be administered in the same manner and on the
774same grounds as disciplinary action against a licensed mold
775assessor or mold remediator.
776     Section 21.  Subsection (1) of section 468.8419, Florida
777Statutes, is amended, and subsection (4) is added to that
778section, to read:
779     468.8419  Prohibitions; penalties.-
780     (1)  A person mold assessor, a company that employs a mold
781assessor, or a company that is controlled by a company that also
782has a financial interest in a company employing a mold assessor
783may not:
784     (a)  Effective July 1, 2011, perform or offer to perform
785any mold assessment unless the mold assessor has documented
786training in water, mold, and respiratory protection under s.
787468.8414(2).
788     (b)  Effective July 1, 2011, perform or offer to perform
789any mold assessment unless the person has complied with the
790provisions of this part.
791     (c)  Use the name or title "certified mold assessor,"
792"registered mold assessor," "licensed mold assessor," "mold
793assessor," "professional mold assessor," or any combination
794thereof unless the person has complied with the provisions of
795this part.
796     (d)  Perform or offer to perform any mold remediation to a
797structure on which the mold assessor or the mold assessor's
798company provided a mold assessment within the last 12 months.
799     (e)  Inspect for a fee any property in which the assessor
800or the assessor's company has any financial or transfer
801interest.
802     (f)  Accept any compensation, inducement, or reward from a
803mold remediator or mold remediator's company for the referral of
804any business to the mold remediator or the mold remediator's
805company.
806     (g)  Offer any compensation, inducement, or reward to a
807mold remediator or mold remediator's company for the referral of
808any business from the mold remediator or the mold remediator's
809company.
810     (h)  Accept an engagement to make an omission of the
811assessment or conduct an assessment in which the assessment
812itself, or the fee payable for the assessment, is contingent
813upon the conclusions of the assessment.
814     (4)  This section does not apply to unlicensed activity as
815described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
816which occurs before July 1, 2011.
817     Section 22.  Subsection (1) of section 468.842, Florida
818Statutes, is amended to read:
819     468.842  Disciplinary proceedings.-
820     (1)  The following acts constitute grounds for which the
821disciplinary actions in subsection (2) may be taken:
822     (a)  Violation of any provision of this part or s.
823455.227(1).;
824     (b)  Attempting to procure a license to practice mold
825assessment or mold remediation by bribery or fraudulent
826misrepresentations.;
827     (c)  Having a license to practice mold assessment or mold
828remediation revoked, suspended, or otherwise acted against,
829including the denial of licensure, by the licensing authority of
830another state, territory, or country.;
831     (d)  Being convicted or found guilty of, or entering a plea
832of nolo contendere to, regardless of adjudication, a crime in
833any jurisdiction that directly relates to the practice of mold
834assessment or mold remediation or the ability to practice mold
835assessment or mold remediation.;
836     (e)  Making or filing a report or record that the licensee
837knows to be false, willfully failing to file a report or record
838required by state or federal law, willfully impeding or
839obstructing such filing, or inducing another person to impede or
840obstruct such filing. Such reports or records shall include only
841those that are signed in the capacity of a registered mold
842assessor or mold remediator.;
843     (f)  Advertising goods or services in a manner that is
844fraudulent, false, deceptive, or misleading in form or content.;
845     (g)  Engaging in fraud or deceit, or negligence,
846incompetency, or misconduct, in the practice of mold assessment
847or mold remediation.;
848     (h)  Failing to perform any statutory or legal obligation
849placed upon a licensed mold assessor or mold remediator;
850violating any provision of this chapter, a rule of the
851department, or a lawful order of the department previously
852entered in a disciplinary hearing; or failing to comply with a
853lawfully issued subpoena of the department.; or
854     (i)  Practicing on a revoked, suspended, inactive, or
855delinquent license.
856     (j)  Failing to meet any standard of practice adopted by
857rule of the department.
858     Section 23.  Subsection (1) of section 468.8421, Florida
859Statutes, is amended to read:
860     468.8421  Insurance.-
861     (1)  A mold assessor shall maintain general liability and
862errors and omissions for both preliminary and postremediation
863mold assessment insurance coverage in an amount of at least $1
864million not less than $1,000,000.
865     Section 24.  Section 468.8423, Florida Statutes, is amended
866to read:
867     468.8423  Grandfather clause.-
868     (1)  A person who performs mold assessment or mold
869remediation as defined in this part may qualify to be licensed
870by the department as a mold assessor or mold remediator if the
871person submits his or her application to the department by March
8721, 2011, whether postmarked or delivered by that date, and if
873the person: meets the licensure requirements of this part by
874July 1, 2010.
875     (a)  Is certified as a mold assessor or mold remediator by
876a state or national association that requires, for such
877certification, successful completion of a proctored examination
878on mold assessment or mold remediation, as applicable, and
879completes at least 60 hours of education on mold assessment or
880at least 30 hours of education on mold remediation, as
881applicable; or
882     (b)  At the time of application, has at least 3 years of
883experience as a mold assessor or mold remediator. To establish
884the 3 years of experience, an applicant must submit at least 40
885mold assessments or remediation invoices prepared by the
886applicant.
887     (2)  The department may investigate the validity of a mold
888assessment or remediation invoice submitted under paragraph
889(1)(b) and, if the applicant submits a false assessment or
890invoice, may take disciplinary action against the applicant
891under s. 468.842(1)(e) or (g).
892     (3)  An applicant may not qualify for licensure under this
893section if he or she has had a mold assessor or mold remediator
894license or a license in any related field revoked at any time or
895suspended within the previous 5 years or has been assessed a
896fine that exceeds $500 within the previous 5 years. For purposes
897of this subsection, a license in a related field includes, but
898is not limited to, licensure in real estate, construction, home
899inspection, building code administration or inspection, or
900indoor air quality.
901     (4)  An applicant for licensure under this section must
902comply with the good moral character and insurance requirements
903of this part.
904     Section 25.  Section 468.8424, Florida Statutes, is created
905to read:
906     468.8424  Rulemaking authority.-The department shall adopt
907rules to administer this part.
908     Section 26.  Subsection (22) of section 489.103, Florida
909Statutes, is amended to read:
910     489.103  Exemptions.-This part does not apply to:
911     (22)  A person licensed pursuant to s. 633.061(1)(d) or
912(3)(2)(b) performing work authorized by such license.
913     Section 27.  Subsections (2), (8), and (9) of section
914553.37, Florida Statutes, are amended, and subsection (12) is
915added to that section, to read:
916     553.37  Rules; inspections; and insignia.-
917     (2)  The department shall adopt rules to address:
918     (a)  Procedures and qualifications for approval of third-
919party plan review and inspection agencies and of those who
920perform inspections and plan reviews.
921     (b)  Investigation of consumer complaints of noncompliance
922of manufactured buildings with the Florida Building Code and the
923Florida Fire Prevention Code.
924     (c)  Issuance, cancellation, and revocation of any insignia
925issued by the department and procedures for auditing and
926accounting for disposition of them.
927     (d)  Monitoring the manufacturers', inspection agencies',
928and plan review agencies' compliance with this part and the
929Florida Building Code. Monitoring may include, but is not
930limited to, performing audits of plans, inspections of
931manufacturing facilities and observation of the manufacturing
932and inspection process, and onsite inspections of buildings.
933     (e)  The performance by the department and its designees
934and contractors of any other functions required by this part.
935     (8)  The department, by rule, shall establish a schedule of
936fees to pay the cost of the administration and enforcement of
937this part. The rule may provide for manufacturers to pay fees to
938the administrator directly via the Building Code Information
939System.
940     (9)  The department may delegate its enforcement authority
941to a state department having building construction
942responsibilities or a local government and may enter into
943contracts for the performance of its administrative duties under
944this part. The department may delegate its plan review and
945inspection authority to one or more of the following in any
946combination:
947     (a)  A state department having building construction
948responsibilities;
949     (b)  A local government;
950     (c)  An approved inspection agency;
951     (d)  An approved plan review agency; or
952     (e)  An agency of another state.
953     (12)  Custom or one-of-a-kind prototype manufactured
954buildings are not required to have state approval, but must be
955in compliance with all local requirements of the governmental
956agency having jurisdiction at the installation site.
957     Section 28.  Section 553.375, Florida Statutes, is amended
958to read:
959     553.375  Recertification of manufactured buildings.-Prior
960to the relocation to a site that has a higher design wind speed,
961modification, or change of occupancy of a manufactured building
962within the state, the manufacturer, dealer, or owner thereof may
963apply to the department for recertification of that manufactured
964building. The department shall, by rule, provide what
965information the applicant must submit for recertification and
966for plan review and inspection of such manufactured buildings
967and shall establish fees for recertification. Upon a
968determination by the department that the manufactured building
969complies with the applicable building codes, the department
970shall issue a recertification insignia. A manufactured building
971that bears recertification insignia does not require any
972additional approval by an enforcement jurisdiction in which the
973building is sold or installed, and is considered to comply with
974all applicable codes. As an alternative to recertification by
975the department, the manufacturer, dealer, or owner of a
976manufactured building may seek appropriate permitting and a
977certificate of occupancy from the local jurisdiction in
978accordance with procedures generally applicable under the
979Florida Building Code.
980     Section 29.  Subsection (1) of section 553.512, Florida
981Statutes, is amended to read:
982     553.512  Modifications and waivers; advisory council.-
983     (1)  The Florida Building Commission shall provide by
984regulation criteria for granting individual modifications of, or
985exceptions from, the literal requirements of this part upon a
986determination of unnecessary, unreasonable, or extreme hardship,
987provided such waivers shall not violate federal accessibility
988laws and regulations and shall be reviewed by the Accessibility
989Advisory Council. The commission shall establish by rule a fee
990to be paid upon submitting a request for a waiver as provided in
991this section. Notwithstanding any other provision of this
992subsection, if an applicant for a waiver demonstrates economic
993hardship in accordance with 28 C.F.R. s. 36.403(f)(1), a waiver
994shall be granted. The commission may not consider waiving any of
995the requirements of s. 553.5041 unless the applicant first
996demonstrates that she or he has applied for and been denied
997waiver or variance from all local government zoning, subdivision
998regulations, or other ordinances that prevent compliance
999therewith. Further, the commission may not waive the requirement
1000of s. 553.5041(5)(a) and (c)1. governing the minimum width of
1001accessible routes and minimum width of accessible parking
1002spaces.
1003     Section 30.  Section 553.721, Florida Statutes, is amended
1004to read:
1005     553.721  Surcharge.-
1006     (1)  In order for the Department of Community Affairs to
1007administer and carry out the purposes of this part and related
1008activities, there is hereby created a surcharge, to be assessed
1009at the rate of 1.5 percent of the permit fees associated with
1010enforcement of the Florida Building Code as defined by the
1011uniform account criteria and specifically the uniform account
1012code for building permits adopted for local government financial
1013reporting pursuant to s. 218.32. The minimum amount collected on
1014any permit issued shall be $2 one-half cent per square foot
1015under-roof floor space permitted pursuant to s. 125.56(4) or s.
1016166.201. However, for additions, alterations, or renovations to
1017existing buildings, the surcharge shall be computed on the basis
1018of the square footage being added, altered, or renovated. The
1019unit of government responsible for collecting a permit fee
1020pursuant to s. 125.56(4) or s. 166.201 shall collect such
1021surcharge and electronically remit the funds collected to the
1022department on a quarterly calendar basis beginning not later
1023than December 31, 2010, for the preceding quarter, and
1024continuing each third month thereafter, and such unit of
1025government shall may retain 10 an amount up to 5 percent of the
1026surcharge collected to fund the participation of building
1027departments in the national and state building code adoption
1028processes and to provide education related to enforcement of the
1029Florida Building Code cover costs associated with the collection
1030and remittance of such surcharge. All funds remitted to the
1031department pursuant to this section subsection shall be
1032deposited in the Operating Trust Fund. Funds collected from such
1033surcharge shall not be used to fund research on techniques for
1034mitigation of radon in existing buildings. Funds used by the
1035department as well as funds to be transferred to the Department
1036of Health shall be as prescribed in the annual General
1037Appropriations Act. The department shall adopt rules governing
1038the collection and remittance of surcharges in accordance with
1039chapter 120.
1040     (2)  Notwithstanding subsection (1), and for the 2008-2009
1041fiscal year only, the amount transferred from the Operating
1042Trust Fund to the Grants and Donations Trust Fund of the
1043Department of Community Affairs pursuant to the General
1044Appropriations Act for the 2008-2009 fiscal year shall be used
1045for the regional planning councils, civil legal assistance, and
1046the Front Porch Florida Initiative.
1047     Section 31.  Subsections (2) and (3) and paragraph (b) of
1048subsection (4) of section 553.73, Florida Statutes, are amended,
1049present subsections (5) through (13) of that section are
1050renumbered as subsections (6) through (14), respectively, a new
1051subsection (5) is added to that section, paragraph (a) of
1052present subsection (6) and present subsections (7) and (9) of
1053that section are amended, and subsection (15) is added to that
1054section, to read:
1055     553.73  Florida Building Code.-
1056     (2)  The Florida Building Code shall contain provisions or
1057requirements for public and private buildings, structures, and
1058facilities relative to structural, mechanical, electrical,
1059plumbing, energy, and gas systems, existing buildings,
1060historical buildings, manufactured buildings, elevators, coastal
1061construction, lodging facilities, food sales and food service
1062facilities, health care facilities, including assisted living
1063facilities, adult day care facilities, hospice residential and
1064inpatient facilities and units, and facilities for the control
1065of radiation hazards, public or private educational facilities,
1066swimming pools, and correctional facilities and enforcement of
1067and compliance with such provisions or requirements. Further,
1068the Florida Building Code must provide for uniform
1069implementation of ss. 515.25, 515.27, and 515.29 by including
1070standards and criteria for residential swimming pool barriers,
1071pool covers, latching devices, door and window exit alarms, and
1072other equipment required therein, which are consistent with the
1073intent of s. 515.23. Technical provisions to be contained within
1074the Florida Building Code are restricted to requirements related
1075to the types of materials used and construction methods and
1076standards employed in order to meet criteria specified in the
1077Florida Building Code. Provisions relating to the personnel,
1078supervision or training of personnel, or any other professional
1079qualification requirements relating to contractors or their
1080workforce may not be included within the Florida Building Code,
1081and subsections (4), (5), (6), (7), and (8), and (9) are not to
1082be construed to allow the inclusion of such provisions within
1083the Florida Building Code by amendment. This restriction applies
1084to both initial development and amendment of the Florida
1085Building Code.
1086     (3)  The commission shall select from available national or
1087international model building codes, or other available building
1088codes and standards currently recognized by the laws of this
1089state, to form the foundation for the Florida Building Code. The
1090commission may modify the selected model codes and standards as
1091needed to accommodate the specific needs of this state.
1092Standards or criteria referenced by the selected model codes
1093shall be similarly incorporated by reference. If a referenced
1094standard or criterion requires amplification or modification to
1095be appropriate for use in this state, only the amplification or
1096modification shall be specifically set forth in the Florida
1097Building Code. The Florida Building Commission may approve
1098technical amendments to the code, subject to the requirements of
1099subsections (8) (7) and (9) (8), after the amendments have been
1100subject to the following conditions:
1101     (a)  The proposed amendment has been published on the
1102commission's website for a minimum of 45 days and all the
1103associated documentation has been made available to any
1104interested party before any consideration by any Technical
1105Advisory Committee;
1106     (b)  In order for a Technical Advisory Committee to make a
1107favorable recommendation to the commission, the proposal must
1108receive a three-fourths vote of the members present at the
1109Technical Advisory Committee meeting and at least half of the
1110regular members must be present in order to conduct a meeting;
1111     (c)  After Technical Advisory Committee consideration and a
1112recommendation for approval of any proposed amendment, the
1113proposal must be published on the commission's website for not
1114less than 45 days before any consideration by the commission;
1115and
1116     (d)  Any proposal may be modified by the commission based
1117on public testimony and evidence from a public hearing held in
1118accordance with chapter 120.
1119
1120The commission shall incorporate within sections of the Florida
1121Building Code provisions which address regional and local
1122concerns and variations. The commission shall make every effort
1123to minimize conflicts between the Florida Building Code, the
1124Florida Fire Prevention Code, and the Life Safety Code.
1125     (4)
1126     (b)  Local governments may, subject to the limitations of
1127this section, adopt amendments to the technical provisions of
1128the Florida Building Code which apply solely within the
1129jurisdiction of such government and which provide for more
1130stringent requirements than those specified in the Florida
1131Building Code, not more than once every 6 months. A local
1132government may adopt technical amendments that address local
1133needs if:
1134     1.  The local governing body determines, following a public
1135hearing which has been advertised in a newspaper of general
1136circulation at least 10 days before the hearing, that there is a
1137need to strengthen the requirements of the Florida Building
1138Code. The determination must be based upon a review of local
1139conditions by the local governing body, which review
1140demonstrates by evidence or data that the geographical
1141jurisdiction governed by the local governing body exhibits a
1142local need to strengthen the Florida Building Code beyond the
1143needs or regional variation addressed by the Florida Building
1144Code, that the local need is addressed by the proposed local
1145amendment, and that the amendment is no more stringent than
1146necessary to address the local need.
1147     2.  Such additional requirements are not discriminatory
1148against materials, products, or construction techniques of
1149demonstrated capabilities.
1150     3.  Such additional requirements may not introduce a new
1151subject not addressed in the Florida Building Code.
1152     4.  The enforcing agency shall make readily available, in a
1153usable format, all amendments adopted pursuant to this section.
1154     5.  Any amendment to the Florida Building Code shall be
1155transmitted within 30 days by the adopting local government to
1156the commission. The commission shall maintain copies of all such
1157amendments in a format that is usable and obtainable by the
1158public. Local technical amendments shall not become effective
1159until 30 days after the amendment has been received and
1160published by the commission.
1161     6.  Any amendment to the Florida Building Code adopted by a
1162local government pursuant to this paragraph shall be effective
1163only until the adoption by the commission of the new edition of
1164the Florida Building Code every third year. At such time, the
1165commission shall review such amendment for consistency with the
1166criteria in paragraph (9)(8)(a) and adopt such amendment as part
1167of the Florida Building Code or rescind the amendment. The
1168commission shall immediately notify the respective local
1169government of the rescission of any amendment. After receiving
1170such notice, the respective local government may readopt the
1171rescinded amendment pursuant to the provisions of this
1172paragraph.
1173     7.  Each county and municipality desiring to make local
1174technical amendments to the Florida Building Code shall by
1175interlocal agreement establish a countywide compliance review
1176board to review any amendment to the Florida Building Code,
1177adopted by a local government within the county pursuant to this
1178paragraph, that is challenged by any substantially affected
1179party for purposes of determining the amendment's compliance
1180with this paragraph. If challenged, the local technical
1181amendments shall not become effective until time for filing an
1182appeal pursuant to subparagraph 8. has expired or, if there is
1183an appeal, until the commission issues its final order
1184determining the adopted amendment is in compliance with this
1185subsection.
1186     8.  If the compliance review board determines such
1187amendment is not in compliance with this paragraph, the
1188compliance review board shall notify such local government of
1189the noncompliance and that the amendment is invalid and
1190unenforceable until the local government corrects the amendment
1191to bring it into compliance. The local government may appeal the
1192decision of the compliance review board to the commission. If
1193the compliance review board determines such amendment to be in
1194compliance with this paragraph, any substantially affected party
1195may appeal such determination to the commission. Any such appeal
1196shall be filed with the commission within 14 days of the board's
1197written determination. The commission shall promptly refer the
1198appeal to the Division of Administrative Hearings for the
1199assignment of an administrative law judge. The administrative
1200law judge shall conduct the required hearing within 30 days, and
1201shall enter a recommended order within 30 days of the conclusion
1202of such hearing. The commission shall enter a final order within
120330 days thereafter. The provisions of chapter 120 and the
1204uniform rules of procedure shall apply to such proceedings. The
1205local government adopting the amendment that is subject to
1206challenge has the burden of proving that the amendment complies
1207with this paragraph in proceedings before the compliance review
1208board and the commission, as applicable. Actions of the
1209commission are subject to judicial review pursuant to s. 120.68.
1210The compliance review board shall determine whether its
1211decisions apply to a respective local jurisdiction or apply
1212countywide.
1213     9.  An amendment adopted under this paragraph shall include
1214a fiscal impact statement which documents the costs and benefits
1215of the proposed amendment. Criteria for the fiscal impact
1216statement shall include the impact to local government relative
1217to enforcement, the impact to property and building owners, as
1218well as to industry, relative to the cost of compliance. The
1219fiscal impact statement may not be used as a basis for
1220challenging the amendment for compliance.
1221     10.  In addition to subparagraphs 7. and 9., the commission
1222may review any amendments adopted pursuant to this subsection
1223and make nonbinding recommendations related to compliance of
1224such amendments with this subsection.
1225     (5)  Notwithstanding subsection (4), counties and
1226municipalities may adopt by ordinance an administrative or
1227technical amendment to the Florida Building Code relating to
1228flood resistance in order to implement the National Flood
1229Insurance Program or incentives. Specifically, an administrative
1230amendment may assign the duty to enforce all or portions of
1231flood-related code provisions to the appropriate agencies of the
1232local government and adopt procedures for variances and
1233exceptions from flood-related code provisions other than
1234provisions for structures seaward of the coastal construction
1235control line consistent with the requirements in 44 C.F.R. s.
123660.6. A technical amendment is authorized to the extent it is
1237more stringent than the code. A technical amendment is not
1238subject to the requirements of subsection (4) and may not be
1239rendered void when the code is updated if the amendment is
1240adopted for the purpose of participating in the Community Rating
1241System promulgated pursuant to 42 U.S.C. s. 4022, the amendment
1242had already been adopted by local ordinance prior to July 1,
12432010, or the amendment requires a design flood elevation above
1244the base flood elevation. Any amendment adopted pursuant to this
1245subsection shall be transmitted to the commission within 30 days
1246after being adopted.
1247     (7)(6)(a)  The commission, by rule adopted pursuant to ss.
1248120.536(1) and 120.54, shall update the Florida Building Code
1249every 3 years. When updating the Florida Building Code, the
1250commission shall select the most current version of the
1251International Building Code, the International Fuel Gas Code,
1252the International Mechanical Code, the International Plumbing
1253Code, and the International Residential Code, all of which are
1254adopted by the International Code Council, and the National
1255Electrical Code, which is adopted by the National Fire
1256Protection Association, to form the foundation codes of the
1257updated Florida Building Code, if the version has been adopted
1258by the applicable model code entity and made available to the
1259public at least 6 months prior to its selection by the
1260commission. The commission shall select the most current version
1261of the International Energy Conservation Code (IECC) as a
1262foundation code; however, the IECC shall be modified by the
1263commission to maintain the efficiencies of the Florida Energy
1264Efficiency Code for Building Construction adopted and amended
1265pursuant to s. 553.901.
1266     (8)(7)  Notwithstanding the provisions of subsection (3) or
1267subsection (7) (6), the commission may address issues identified
1268in this subsection by amending the code pursuant only to the
1269rule adoption procedures contained in chapter 120. Provisions of
1270the Florida Building Code, including those contained in
1271referenced standards and criteria, relating to wind resistance
1272or the prevention of water intrusion may not be amended pursuant
1273to this subsection to diminish those construction requirements;
1274however, the commission may, subject to conditions in this
1275subsection, amend the provisions to enhance those construction
1276requirements. Following the approval of any amendments to the
1277Florida Building Code by the commission and publication of the
1278amendments on the commission's website, authorities having
1279jurisdiction to enforce the Florida Building Code may enforce
1280the amendments. The commission may approve amendments that are
1281needed to address:
1282     (a)  Conflicts within the updated code;
1283     (b)  Conflicts between the updated code and the Florida
1284Fire Prevention Code adopted pursuant to chapter 633;
1285     (c)  The omission of previously adopted Florida-specific
1286amendments to the updated code if such omission is not supported
1287by a specific recommendation of a technical advisory committee
1288or particular action by the commission;
1289     (d)  Unintended results from the integration of previously
1290adopted Florida-specific amendments with the model code;
1291     (e)  Equivalency of standards;
1292     (f)(e)  Changes to or inconsistencies with federal or state
1293law; or
1294     (g)(f)  Adoption of an updated edition of the National
1295Electrical Code if the commission finds that delay of
1296implementing the updated edition causes undue hardship to
1297stakeholders or otherwise threatens the public health, safety,
1298and welfare.
1299     (10)(9)  The following buildings, structures, and
1300facilities are exempt from the Florida Building Code as provided
1301by law, and any further exemptions shall be as determined by the
1302Legislature and provided by law:
1303     (a)  Buildings and structures specifically regulated and
1304preempted by the Federal Government.
1305     (b)  Railroads and ancillary facilities associated with the
1306railroad.
1307     (c)  Nonresidential farm buildings on farms.
1308     (d)  Temporary buildings or sheds used exclusively for
1309construction purposes.
1310     (e)  Mobile or modular structures used as temporary
1311offices, except that the provisions of part II relating to
1312accessibility by persons with disabilities shall apply to such
1313mobile or modular structures.
1314     (f)  Those structures or facilities of electric utilities,
1315as defined in s. 366.02, which are directly involved in the
1316generation, transmission, or distribution of electricity.
1317     (g)  Temporary sets, assemblies, or structures used in
1318commercial motion picture or television production, or any
1319sound-recording equipment used in such production, on or off the
1320premises.
1321     (h)  Storage sheds that are not designed for human
1322habitation and that have a floor area of 720 square feet or less
1323are not required to comply with the mandatory wind-borne-debris-
1324impact standards of the Florida Building Code.
1325     (i)  Chickees constructed by the Miccosukee Tribe of
1326Indians of Florida or the Seminole Tribe of Florida. As used in
1327this paragraph, the term "chickee" means an open-sided wooden
1328hut that has a thatched roof of palm or palmetto or other
1329traditional materials, and that does not incorporate any
1330electrical, plumbing, or other nonwood features.
1331     (j)  Family mausoleums not exceeding 250 square feet in
1332area which are prefabricated and assembled on site or
1333preassembled and delivered on site and have walls, roofs, and a
1334floor constructed of granite, marble, or reinforced concrete.
1335
1336With the exception of paragraphs (a), (b), (c), and (f), in
1337order to preserve the health, safety, and welfare of the public,
1338the Florida Building Commission may, by rule adopted pursuant to
1339chapter 120, provide for exceptions to the broad categories of
1340buildings exempted in this section, including exceptions for
1341application of specific sections of the code or standards
1342adopted therein. The Department of Agriculture and Consumer
1343Services shall have exclusive authority to adopt by rule,
1344pursuant to chapter 120, exceptions to nonresidential farm
1345buildings exempted in paragraph (c) when reasonably necessary to
1346preserve public health, safety, and welfare. The exceptions must
1347be based upon specific criteria, such as under-roof floor area,
1348aggregate electrical service capacity, HVAC system capacity, or
1349other building requirements. Further, the commission may
1350recommend to the Legislature additional categories of buildings,
1351structures, or facilities which should be exempted from the
1352Florida Building Code, to be provided by law. The Florida
1353Building Code does not apply to temporary housing provided by
1354the Department of Corrections to any prisoner in the state
1355correctional system.
1356     (15)  An agency or local government may not require that
1357existing mechanical equipment on the surface of a roof be
1358installed in compliance with the requirements of the Florida
1359Building Code until the equipment is required to be removed or
1360replaced.
1361     Section 32.  Subsection (5) is added to section 553.74,
1362Florida Statutes, to read:
1363     553.74  Florida Building Commission.-
1364     (5)  Notwithstanding s. 112.313 or any other provision of
1365law, a member of any of commission's technical advisory
1366committees or a member of any other advisory committee or
1367workgroup of the commission, does not have an impermissible
1368conflict of interest when representing clients before the
1369commission or one of its committees or workgroups. However, the
1370member, in his or her capacity as member of the committee or
1371workgroup, may not take part in any discussion on or take action
1372on any matter in which he or she has a direct financial
1373interest.
1374     Section 33.  Subsection (2) of section 553.76, Florida
1375Statutes, is amended to read:
1376     553.76  General powers of the commission.-The commission is
1377authorized to:
1378     (2)  Issue memoranda of procedure for its internal
1379management and control. The commission may adopt rules related
1380to its consensus-based decisionmaking process, including, but
1381not limited to, super majority voting requirements for
1382commission actions relating to the adoption of the Florida
1383Building Code or amendments to the code.
1384     Section 34.  Subsections (2) and (4) of section 553.775,
1385Florida Statutes, are amended to read:
1386     553.775  Interpretations.-
1387     (2)  Local enforcement agencies, local building officials,
1388state agencies, and the commission shall interpret provisions of
1389the Florida Building Code in a manner that is consistent with
1390declaratory statements and interpretations entered by the
1391commission, except that conflicts between the Florida Fire
1392Prevention Code and the Florida Building Code shall be resolved
1393in accordance with s. 553.73(11)(10)(c) and (d).
1394     (4)  In order to administer this section, the commission
1395may adopt by rule and impose a fee for filing requests for
1396declaratory statements and binding and nonbinding
1397interpretations to recoup the cost of the proceedings which may
1398not exceed $125 for each request for a nonbinding interpretation
1399and $250 for each request for a binding review or
1400interpretation. For proceedings conducted by or in coordination
1401with a third-party, the rule may provide that payment be made
1402directly to the third party, who shall remit to the department
1403that portion of the fee necessary to cover the costs of the
1404department.
1405     Section 35.  Subsection (9) of section 553.79, Florida
1406Statutes, is amended to read:
1407     553.79  Permits; applications; issuance; inspections.-
1408     (9)  Any state agency whose enabling legislation authorizes
1409it to enforce provisions of the Florida Building Code may enter
1410into an agreement with any other unit of government to delegate
1411its responsibility to enforce those provisions and may expend
1412public funds for permit and inspection fees, which fees may be
1413no greater than the fees charged others. Inspection services
1414that are not required to be performed by a state agency under a
1415federal delegation of responsibility or by a state agency under
1416the Florida Building Code must be performed under the
1417alternative plans review and inspection process created in s.
1418553.791 or by a local governmental entity having authority to
1419enforce the Florida Building Code.
1420     Section 36.  For the purpose of incorporating the amendment
1421made by this act to section 553.79, Florida Statutes, in a
1422reference thereto, subsection (1) of section 553.80, Florida
1423Statutes, is reenacted, and paragraph (c) of subsection (1) and
1424subsection (3) of that section are amended, to read:
1425     553.80  Enforcement.-
1426     (1)  Except as provided in paragraphs (a)-(g), each local
1427government and each legally constituted enforcement district
1428with statutory authority shall regulate building construction
1429and, where authorized in the state agency's enabling
1430legislation, each state agency shall enforce the Florida
1431Building Code required by this part on all public or private
1432buildings, structures, and facilities, unless such
1433responsibility has been delegated to another unit of government
1434pursuant to s. 553.79(9).
1435     (a)  Construction regulations relating to correctional
1436facilities under the jurisdiction of the Department of
1437Corrections and the Department of Juvenile Justice are to be
1438enforced exclusively by those departments.
1439     (b)  Construction regulations relating to elevator
1440equipment under the jurisdiction of the Bureau of Elevators of
1441the Department of Business and Professional Regulation shall be
1442enforced exclusively by that department.
1443     (c)  In addition to the requirements of s. 553.79 and this
1444section, facilities subject to the provisions of chapter 395 and
1445parts part II and VIII of chapter 400 shall have facility plans
1446reviewed and construction surveyed by the state agency
1447authorized to do so under the requirements of chapter 395 and
1448parts part II and VIII of chapter 400 and the certification
1449requirements of the Federal Government. Facilities subject to
1450the provisions of part IV of chapter 400 may have facility plans
1451reviewed and shall have construction surveyed by the state
1452agency authorized to do so under the requirements of part IV of
1453chapter 400 and the certification requirements of the Federal
1454Government.
1455     (d)  Building plans approved under s. 553.77(3) and state-
1456approved manufactured buildings, including buildings
1457manufactured and assembled offsite and not intended for
1458habitation, such as lawn storage buildings and storage sheds,
1459are exempt from local code enforcing agency plan reviews except
1460for provisions of the code relating to erection, assembly, or
1461construction at the site. Erection, assembly, and construction
1462at the site are subject to local permitting and inspections.
1463Lawn storage buildings and storage sheds bearing the insignia of
1464approval of the department are not subject to s. 553.842. Such
1465buildings that do not exceed 400 square feet may be delivered
1466and installed without need of a contractor's or specialty
1467license.
1468     (e)  Construction regulations governing public schools,
1469state universities, and community colleges shall be enforced as
1470provided in subsection (6).
1471     (f)  The Florida Building Code as it pertains to toll
1472collection facilities under the jurisdiction of the turnpike
1473enterprise of the Department of Transportation shall be enforced
1474exclusively by the turnpike enterprise.
1475     (g)  Construction regulations relating to secure mental
1476health treatment facilities under the jurisdiction of the
1477Department of Children and Family Services shall be enforced
1478exclusively by the department in conjunction with the Agency for
1479Health Care Administration's review authority under paragraph
1480(c).
1481
1482The governing bodies of local governments may provide a schedule
1483of fees, as authorized by s. 125.56(2) or s. 166.222 and this
1484section, for the enforcement of the provisions of this part.
1485Such fees shall be used solely for carrying out the local
1486government's responsibilities in enforcing the Florida Building
1487Code. The authority of state enforcing agencies to set fees for
1488enforcement shall be derived from authority existing on July 1,
14891998. However, nothing contained in this subsection shall
1490operate to limit such agencies from adjusting their fee schedule
1491in conformance with existing authority.
1492     (3)(a)  Each enforcement district shall be governed by a
1493board, the composition of which shall be determined by the
1494affected localities.
1495     (b)1.  At its own option, each enforcement district or
1496local enforcement agency may adopt promulgate rules granting to
1497the owner of a single-family residence one or more exemptions
1498from the Florida Building Code relating to:
1499     a.(a)  Addition, alteration, or repairs performed by the
1500property owner upon his or her own property, provided any
1501addition or alteration shall not exceed 1,000 square feet or the
1502square footage of the primary structure, whichever is less.
1503     b.(b)  Addition, alteration, or repairs by a nonowner
1504within a specific cost limitation set by rule, provided the
1505total cost shall not exceed $5,000 within any 12-month period.
1506     c.(c)  Building and inspection fees.
1507     2.  However, the exemptions under subparagraph 1. do not
1508apply to single-family residences that are located in mapped
1509flood hazard areas, as defined in the code, unless the
1510enforcement district or local enforcement agency has determined
1511that the work, which is otherwise exempt, does not constitute a
1512substantial improvement, including the repair of substantial
1513damage, of such single-family residences.
1514     3.  Each code exemption, as defined in sub-subparagraphs
15151.a, b., and c. paragraphs (a), (b), and (c), shall be certified
1516to the local board 10 days prior to implementation and shall
1517only be effective in the territorial jurisdiction of the
1518enforcement district or local enforcement agency implementing
1519it.
1520     Section 37.  Subsections (4) through (9) of section
1521553.841, Florida Statutes, are amended to read:
1522     553.841  Building code compliance and mitigation program.-
1523     (4)  The department, In administering the Florida Building
1524Code Compliance and Mitigation Program, the department shall
1525maintain, update, develop, or cause to be developed:
1526     (a)  A core curriculum that is prerequisite to the advanced
1527module coursework.
1528     (b)  advanced modules designed for use by each profession.
1529     (c)  The core curriculum developed under this subsection
1530must be submitted to the Department of Business and Professional
1531Regulation for approval. Advanced modules developed under this
1532paragraph must be approved by the commission and submitted to
1533the respective boards for approval.
1534     (5)  The core curriculum shall cover the information
1535required to have all categories of participants appropriately
1536informed as to their technical and administrative
1537responsibilities in the effective execution of the code process
1538by all individuals currently licensed under part XII of chapter
1539468, chapter 471, chapter 481, or chapter 489, except as
1540otherwise provided in s. 471.017. The core curriculum shall be
1541prerequisite to the advanced module coursework for all licensees
1542and shall be completed by individuals licensed in all categories
1543under part XII of chapter 468, chapter 471, chapter 481, or
1544chapter 489 within the first 2-year period after initial
1545licensure. Core course hours taken by licensees to complete this
1546requirement shall count toward fulfillment of required
1547continuing education units under part XII of chapter 468,
1548chapter 471, chapter 481, or chapter 489.
1549     (5)(6)  Each biennium, upon receipt of funds by the
1550Department of Community Affairs from the Construction Industry
1551Licensing Board and the Electrical Contractors' Licensing Board
1552provided under ss. 489.109(3) and 489.509(3), the department
1553shall determine the amount of funds available for the Florida
1554Building Code Compliance and Mitigation Program.
1555     (6)(7)  If the projects provided through the Florida
1556Building Code Compliance and Mitigation Program in any state
1557fiscal year do not require the use of all available funds, the
1558unused funds shall be carried forward and allocated for use
1559during the following fiscal year.
1560     (7)(8)  The Florida Building Commission shall provide by
1561rule for the accreditation of courses related to the Florida
1562Building Code by accreditors approved by the commission. The
1563commission shall establish qualifications of accreditors and
1564criteria for the accreditation of courses by rule. The
1565commission may revoke the accreditation of a course by an
1566accreditor if the accreditation is demonstrated to violate this
1567part or the rules of the commission.
1568     (8)(9)  This section does not prohibit or limit the subject
1569areas or development of continuing education or training on the
1570Florida Building Code by any qualified entity.
1571     Section 38.  Subsections (1), (5), (8), and (17) of section
1572553.842, Florida Statutes, are amended to read:
1573     553.842  Product evaluation and approval.-
1574     (1)  The commission shall adopt rules under ss. 120.536(1)
1575and 120.54 to develop and implement a product evaluation and
1576approval system that applies statewide to operate in
1577coordination with the Florida Building Code. The commission may
1578enter into contracts to provide for administration of the
1579product evaluation and approval system. The commission's rules
1580and any applicable contract may provide that the payment of fees
1581related to approvals be made directly to the administrator. Any
1582fee paid by a product manufacturer shall be used only for
1583funding the product evaluation and approval system. The product
1584evaluation and approval system shall provide:
1585     (a)  Appropriate promotion of innovation and new
1586technologies.
1587     (b)  Processing submittals of products from manufacturers
1588in a timely manner.
1589     (c)  Independent, third-party qualified and accredited
1590testing and laboratory facilities, product evaluation entities,
1591quality assurance agencies, certification agencies, and
1592validation entities.
1593     (d)  An easily accessible product acceptance list to
1594entities subject to the Florida Building Code.
1595     (e)  Development of stringent but reasonable testing
1596criteria based upon existing consensus standards, when
1597available, for products.
1598     (f)  Long-term approvals, where feasible. State and local
1599approvals will be valid until the requirements of the code on
1600which the approval is based change, the product changes in a
1601manner affecting its performance as required by the code, or the
1602approval is revoked. However, the commission may authorize by
1603rule editorial revisions to approvals and charge a fee as
1604provided in this section.
1605     (g)  Criteria for revocation of a product approval.
1606     (h)  Cost-effectiveness.
1607     (5)  Statewide approval of products, methods, or systems of
1608construction may be achieved by one of the following methods.
1609One of these methods must be used by the commission to approve
1610the following categories of products: panel walls, exterior
1611doors, roofing, skylights, windows, shutters, and structural
1612components as established by the commission by rule.
1613     (a)  Products for which the code establishes standardized
1614testing or comparative or rational analysis methods shall be
1615approved by submittal and validation of one of the following
1616reports or listings indicating that the product or method or
1617system of construction was evaluated to be in compliance with
1618the Florida Building Code and that the product or method or
1619system of construction is, for the purpose intended, at least
1620equivalent to that required by the Florida Building Code:
1621     1.  A certification mark or listing of an approved
1622certification agency, which may be used only for products for
1623which the code designates standardized testing;
1624     2.  A test report from an approved testing laboratory;
1625     3.  A product evaluation report based upon testing or
1626comparative or rational analysis, or a combination thereof, from
1627an approved product evaluation entity; or
1628     4.  A product evaluation report based upon testing or
1629comparative or rational analysis, or a combination thereof,
1630developed and signed and sealed by a professional engineer or
1631architect, licensed in this state.
1632
1633A product evaluation report or a certification mark or listing
1634of an approved certification agency which demonstrates that the
1635product or method or system of construction complies with the
1636Florida Building Code for the purpose intended shall be
1637equivalent to a test report and test procedure as referenced in
1638the Florida Building Code. An application for state approval of
1639a product under subparagraph 1. must be approved by the
1640department after the commission staff or a designee verifies
1641that the application and related documentation are complete.
1642This verification must be completed within 10 business days
1643after receipt of the application. Upon approval by the
1644department, the product shall be immediately added to the list
1645of state-approved products maintained under subsection (13).
1646Approvals by the department shall be reviewed and ratified by
1647the commission's program oversight committee except for a
1648showing of good cause that a review by the full commission is
1649necessary. The commission shall adopt rules providing means to
1650cure deficiencies identified within submittals for products
1651approved under this paragraph.
1652     (b)  Products, methods, or systems of construction for
1653which there are no specific standardized testing or comparative
1654or rational analysis methods established in the code may be
1655approved by submittal and validation of one of the following:
1656     1.  A product evaluation report based upon testing or
1657comparative or rational analysis, or a combination thereof, from
1658an approved product evaluation entity indicating that the
1659product or method or system of construction was evaluated to be
1660in compliance with the intent of the Florida Building Code and
1661that the product or method or system of construction is, for the
1662purpose intended, at least equivalent to that required by the
1663Florida Building Code; or
1664     2.  A product evaluation report based upon testing or
1665comparative or rational analysis, or a combination thereof,
1666developed and signed and sealed by a professional engineer or
1667architect, licensed in this state, who certifies that the
1668product or method or system of construction is, for the purpose
1669intended, at least equivalent to that required by the Florida
1670Building Code.
1671     (8)  The commission may adopt rules to approve the
1672following types of entities that produce information on which
1673product approvals are based. All of the following entities,
1674including engineers and architects, must comply with a
1675nationally recognized standard demonstrating independence or no
1676conflict of interest:
1677     (a)  Evaluation entities approved pursuant to this
1678paragraph that meet the criteria for approval adopted by the
1679commission by rule. The commission shall specifically approve
1680the National Evaluation Service, the International Association
1681of Plumbing and Mechanical Officials Evaluation Service the
1682International Conference of Building Officials Evaluation
1683Services, the International Code Council Evaluation Services,
1684the Building Officials and Code Administrators International
1685Evaluation Services, the Southern Building Code Congress
1686International Evaluation Services, and the Miami-Dade County
1687Building Code Compliance Office Product Control. Architects and
1688engineers licensed in this state are also approved to conduct
1689product evaluations as provided in subsection (5).
1690     (b)  Testing laboratories accredited by national
1691organizations, such as A2LA and the National Voluntary
1692Laboratory Accreditation Program, laboratories accredited by
1693evaluation entities approved under paragraph (a), and
1694laboratories that comply with other guidelines for testing
1695laboratories selected by the commission and adopted by rule.
1696     (c)  Quality assurance entities approved by evaluation
1697entities approved under paragraph (a) and by certification
1698agencies approved under paragraph (d) and other quality
1699assurance entities that comply with guidelines selected by the
1700commission and adopted by rule.
1701     (d)  Certification agencies accredited by nationally
1702recognized accreditors and other certification agencies that
1703comply with guidelines selected by the commission and adopted by
1704rule.
1705     (e)  Validation entities that comply with accreditation
1706standards established by the commission by rule.
1707     (17)(a)  The Florida Building Commission shall review the
1708list of evaluation entities in subsection (8) and, in the annual
1709report required under s. 553.77, shall either recommend
1710amendments to the list to add evaluation entities the commission
1711determines should be authorized to perform product evaluations
1712or shall report on the criteria adopted by rule or to be adopted
1713by rule allowing the commission to approve evaluation entities
1714that use the commission's product evaluation process. If the
1715commission adopts criteria by rule, the rulemaking process must
1716be completed by July 1, 2009.
1717     (b)  Notwithstanding paragraph (8)(a), the International
1718Association of Plumbing and Mechanical Officials Evaluation
1719Services is approved as an evaluation entity until October 1,
17202009. If the association does not obtain permanent approval by
1721the commission as an evaluation entity by October 1, 2009,
1722products approved on the basis of an association evaluation must
1723be substituted by an alternative, approved entity by December
172431, 2009, and on January 1, 2010, any product approval issued by
1725the commission based on an association evaluation is void.
1726     Section 39.  Subsection (4) is added to section 553.844,
1727Florida Statutes, to read:
1728     553.844  Windstorm loss mitigation; requirements for roofs
1729and opening protection.-
1730     (4)  Notwithstanding the provisions of this section,
1731exposed mechanical equipment or appliances fastened to a roof or
1732installed on the ground in compliance with the code using rated
1733stands, platforms, curbs, slabs, or other means are deemed to
1734comply with the wind resistance requirements of the 2007 Florida
1735Building Code, as amended. Further support or enclosure of such
1736mechanical equipment or appliances is not required by a state or
1737local official having authority to enforce the Florida Building
1738Code. This subsection expires on the effective date of the 2010
1739Florida Building Code.
1740     Section 40.  Section 553.885, Florida Statutes, is amended
1741to read:
1742     553.885  Carbon monoxide alarm required.-
1743     (1)  Every separate building or addition to an existing
1744building, other than a hospital, an inpatient hospice facility,
1745or a nursing home facility licensed by the Agency for Health
1746Care Administration, constructed for which a building permit is
1747issued for new construction on or after July 1, 2008, and having
1748a fossil-fuel-burning heater or appliance, a fireplace, or an
1749attached garage, or other feature, fixture, or element that
1750emits carbon monoxide as a byproduct of combustion shall have an
1751approved operational carbon monoxide alarm installed within 10
1752feet of each room used for sleeping purposes in the new building
1753or addition, or at such other locations as required by the
1754Florida Building Code. The requirements of this subsection may
1755be satisfied with the installation of a hard-wired battery-
1756powered carbon monoxide alarm or a hard-wired battery-powered
1757combination carbon monoxide and smoke alarm. For a new hospital,
1758an inpatient hospice facility, or a nursing home facility
1759licensed by the Agency for Health Care Administration, or a new
1760state correctional institution, an approved operational carbon
1761monoxide detector shall be installed inside or directly outside
1762of each room or area within the hospital or facility where a
1763fossil-fuel-burning heater, engine, or appliance is located.
1764This detector shall be connected to the fire alarm system of the
1765hospital or facility as a supervisory signal. This subsection
1766does not apply to existing buildings that are undergoing
1767alterations or repairs unless the alteration is an addition as
1768defined in subsection (3).
1769     (2)  The Florida Building Commission shall adopt rules to
1770administer this section and shall incorporate such requirements
1771into its next revision of the Florida Building Code.
1772     (3)  As used in this section, the term:
1773     (a)  "Carbon monoxide alarm" means a device that is meant
1774for the purpose of detecting carbon monoxide, that produces a
1775distinct audible alarm, and that meets the requirements of and
1776is approved by the Florida Building Commission.
1777     (b)  "Fossil fuel" means coal, kerosene, oil, fuel gases,
1778or other petroleum or hydrocarbon product that emits carbon
1779monoxide as a by-product of combustion.
1780     (c)  "Addition" means an extension or increase in floor
1781area, number of stories, or height of a building or structure.
1782     Section 41.  Subsection (2) of section 553.9061, Florida
1783Statutes, is amended to read:
1784     553.9061  Scheduled increases in thermal efficiency
1785standards.-
1786     (2)  The Florida Building Commission shall identify within
1787code support and compliance documentation the specific building
1788options and elements available to meet the energy performance
1789goals established in subsection (1). Energy efficiency
1790performance options and elements include, but are not limited
1791to:
1792     (a)  Energy-efficient water heating systems, including
1793solar water heating.
1794     (b)  Energy-efficient appliances.
1795     (c)  Energy-efficient windows, doors, and skylights.
1796     (d)  Low solar-absorption roofs, also known as "cool
1797roofs."
1798     (e)  Enhanced ceiling and wall insulation.
1799     (f)  Reduced-leak duct systems and energy-saving devices
1800and features installed within duct systems.
1801     (g)  Programmable thermostats.
1802     (h)  Energy-efficient lighting systems.
1803     (i)  Energy-saving quality installation procedures for
1804replacement air-conditioning systems, including, but not limited
1805to, equipment sizing analysis and duct inspection.
1806     (j)  Shading devices, sunscreening materials, and
1807overhangs.
1808     (k)  Weatherstripping, caulking, and sealing of exterior
1809openings and penetrations.
1810     (l)  Energy-efficient centralized computer data centers in
1811office buildings.
1812     Section 42.  Subsections (3) and (4) of section 553.909,
1813Florida Statutes, are amended to read:
1814     553.909  Setting requirements for appliances; exceptions.-
1815     (3)  Commercial or residential swimming pool pumps or water
1816heaters manufactured on or sold after July 1, 2011, shall comply
1817with the requirements of this subsection.
1818     (a)  Natural gas pool heaters shall not be equipped with
1819constantly burning pilots.
1820     (b)  Heat pump pool heaters shall have a coefficient of
1821performance at low temperature of not less than 4.0.
1822     (c)  The thermal efficiency of gas-fired pool heaters and
1823oil-fired pool heaters shall not be less than 78 percent.
1824     (d)  All pool heaters shall have a readily accessible on-
1825off switch that is mounted outside the heater and that allows
1826shutting off the heater without adjusting the thermostat
1827setting.
1828     (4)(a)  Residential swimming pool filtration pumps and pump
1829motors manufactured on or after July 1, 2011, must comply with
1830the requirements in this subsection.
1831     (b)  Residential filtration pool pump motors shall not be
1832split-phase, shaded-pole, or capacitor start-induction run
1833types.
1834     (c)  Residential filtration pool pumps and pool pump motors
1835with a total horsepower of 1 HP or more shall have the
1836capability of operating at two or more speeds with a low speed
1837having a rotation rate that is no more than one-half of the
1838motor's maximum rotation rate.
1839     (d)  Residential filtration pool pump motor controls shall
1840have the capability of operating the pool pump at a minimum of
1841two speeds. The default circulation speed shall be the
1842residential filtration speed, with a higher speed override
1843capability being for a temporary period not to exceed one normal
1844cycle or 24 hours 120 minutes, whichever is less; except that
1845circulation speed for solar pool heating systems shall be
1846permitted to run at higher speeds during periods of usable solar
1847heat gain.
1848     Section 43.  Section 553.912, Florida Statutes, is amended
1849to read:
1850     553.912  Air conditioners.-All air conditioners that which
1851are sold or installed in the state shall meet the minimum
1852efficiency ratings of the Florida Energy Efficiency Code for
1853Building Construction. These efficiency ratings shall be
1854minimums and may be updated in the Florida Energy Efficiency
1855Code for Building Construction by the department in accordance
1856with s. 553.901, following its determination that more cost-
1857effective energy-saving equipment and techniques are available.
1858It is the intent of the Legislature that all replacement air-
1859conditioning systems be installed using energy-saving, quality
1860installation procedures, including, but not limited to,
1861equipment sizing analysis and duct inspection.
1862     Section 44.  Subsection (2) of section 627.711, Florida
1863Statutes, is amended to read:
1864     627.711  Notice of premium discounts for hurricane loss
1865mitigation; uniform mitigation verification inspection form.-
1866     (2)  By July 1, 2007, the Financial Services Commission
1867shall develop by rule a uniform mitigation verification
1868inspection form that shall be used by all insurers when
1869submitted by policyholders for the purpose of factoring
1870discounts for wind insurance. In developing the form, the
1871commission shall seek input from insurance, construction, and
1872building code representatives. Further, the commission shall
1873provide guidance as to the length of time the inspection results
1874are valid. An insurer shall accept as valid a uniform mitigation
1875verification form certified by the Department of Financial
1876Services or signed by:
1877     (a)  A hurricane mitigation inspector certified by the My
1878Safe Florida Home program;
1879     (b)  A building code inspector certified under s. 468.607;
1880     (c)  A general, building, or residential contractor
1881licensed under s. 489.111;
1882     (d)  A professional engineer licensed under s. 471.015 who
1883has passed the appropriate equivalency test of the Building Code
1884Training Program as required by s. 553.841;
1885     (e)  A professional architect licensed under s. 481.213; or
1886     (f)  A home inspector licensed under s. 468.8314 who has
1887completed at least 2 hours of mitigation training; or
1888     (g)(f)  Any other individual or entity recognized by the
1889insurer as possessing the necessary qualifications to properly
1890complete a uniform mitigation verification form.
1891     Section 45.  Subsections (7) through (28) of section
1892633.021, Florida Statutes, are renumbered as subsections (8)
1893through (29), respectively, a new subsection (7) is added to
1894that section, and present subsection (20) of that section is
1895amended, to read:
1896     633.021  Definitions.-As used in this chapter:
1897     (7)(a)  "Fire equipment dealer Class A" means a licensed
1898fire equipment dealer whose business is limited to servicing,
1899recharging, repairing, installing, or inspecting all types of
1900fire extinguishers and conducting hydrostatic tests on all types
1901of fire extinguishers.
1902     (b)  "Fire equipment dealer Class B" means a licensed fire
1903equipment dealer whose business is limited to servicing,
1904recharging, repairing, installing, or inspecting all types of
1905fire extinguishers, including recharging carbon dioxide units
1906and conducting hydrostatic tests on all types of fire
1907extinguishers, except carbon dioxide units.
1908     (c)  "Fire equipment dealer Class C" means a licensed fire
1909equipment dealer whose business is limited to servicing,
1910recharging, repairing, installing, or inspecting all types of
1911fire extinguishers, except recharging carbon dioxide units, and
1912conducting hydrostatic tests on all types of fire extinguishers,
1913except carbon dioxide units.
1914     (d)  "Fire equipment dealer Class D" means a licensed fire
1915equipment dealer whose business is limited to servicing,
1916recharging, repairing, installing, hydrotesting, or inspecting
1917of all types of preengineered fire extinguishing systems.
1918     (21)(a)(20)  A "preengineered system" is a fire suppression
1919system which:
1920     1.(a)  Uses any of a variety of extinguishing agents.
1921     2.(b)  Is designed to protect specific hazards.
1922     3.(c)  Must be installed according to pretested limitations
1923and configurations specified by the manufacturer and applicable
1924National Fire Protection Association (NFPA) standards. Only
1925those chapters within the National Fire Protection Association
1926standards that pertain to servicing, recharging, repairing,
1927installing, hydrotesting, or inspecting any type of
1928preengineered fire extinguishing system may be used.
1929     4.(d)  Must be installed using components specified by the
1930manufacturer or components that are listed as equal parts by a
1931nationally recognized testing laboratory such as Underwriters
1932Laboratories, Inc., or Factory Mutual Laboratories, Inc.
1933     5.(e)  Must be listed by a nationally recognized testing
1934laboratory.
1935     (b)  Preengineered systems consist of and include all of
1936the components and parts providing fire suppression protection,
1937but do not include the equipment being protected, and may
1938incorporate special nozzles, flow rates, methods of application,
1939pressurization levels, and quantities of agents designed by the
1940manufacturer for specific hazards.
1941     Section 46.  Paragraph (b) of subsection (3) of section
1942633.0215, Florida Statutes, is amended, and subsections (13) and
1943(14) are added to that section, to read:
1944     633.0215  Florida Fire Prevention Code.-
1945     (3)  No later than 180 days before the triennial adoption
1946of the Florida Fire Prevention Code, the State Fire Marshal
1947shall notify each municipal, county, and special district fire
1948department of the triennial code adoption and steps necessary
1949for local amendments to be included within the code. No later
1950than 120 days before the triennial adoption of the Florida Fire
1951Prevention Code, each local jurisdiction shall provide the State
1952Fire Marshal with copies of its local fire code amendments. The
1953State Fire Marshal has the option to process local fire code
1954amendments that are received less than 120 days before the
1955adoption date of the Florida Fire Prevention Code.
1956     (b)  Any local amendment to the Florida Fire Prevention
1957Code adopted by a local government shall be effective only until
1958the adoption of the new edition of the Florida Fire Prevention
1959Code, which shall be every third year. At such time, the State
1960Fire Marshal shall adopt such amendment as part of the Florida
1961Fire Prevention Code or rescind the amendment. The State Fire
1962Marshal shall immediately notify the respective local government
1963of the rescission of the amendment and the reason for the
1964rescission. After receiving such notice, the respective local
1965government may readopt the rescinded amendment. Incorporation of
1966local amendments as regional and local concerns and variations
1967shall be considered as adoption of an amendment pursuant to this
1968section part.
1969     (13)(a)  The State Fire Marshal shall issue an expedited
1970declaratory statement relating to interpretations of provisions
1971of the Florida Fire Prevention Code according to the following
1972guidelines:
1973     1.  The declaratory statement shall be rendered in
1974accordance with s. 120.565, except that a final decision must be
1975issued by the State Fire Marshal within 45 days after the
1976division's receipt of a petition seeking an expedited
1977declaratory statement. The State Fire Marshal shall give notice
1978of the petition and the expedited declaratory statement or the
1979denial of the petition in the next available issue of the
1980Florida Administrative Weekly after the petition is filed and
1981after the statement or denial is rendered.
1982     2.  The petitioner must be the owner of the disputed
1983project or the owner's representative.
1984     3.  The petition for an expedited declaratory statement
1985must be:
1986     a.  Related to an active project that is under construction
1987or must have been submitted for a permit.
1988     b.  The subject of a written notice citing a specific
1989provision of the Florida Fire Prevention Code which is in
1990dispute.
1991     c.  Limited to a single question that is capable of being
1992answered with a "yes" or "no" response.
1993     (b)  A petition for a declaratory statement which does not
1994meet all of the requirements of this subsection must be denied
1995without prejudice. This subsection does not affect the right of
1996the petitioner as a substantially affected person to seek a
1997declaratory statement under s. 633.01(6).
1998     (14)  A condominium that is one or two stories in height
1999and has an exterior corridor providing a means of egress is
2000exempt from installing a manual fire alarm system as required in
2001s. 9.6 of the most recent edition of the Life Safety Code
2002adopted in the Florida Fire Prevention Code.
2003     Section 47.  Subsections (2) and (10) of section 633.0245,
2004Florida Statutes, are amended to read:
2005     633.0245  State Fire Marshal Nursing Home Fire Protection
2006Loan Guarantee Program.-
2007     (2)  The State Fire Marshal may enter into limited loan
2008guarantee agreements with one or more financial institutions
2009qualified as public depositories in this state. Such agreements
2010shall provide a limited guarantee by the State of Florida
2011covering no more than 50 percent of the principal sum loaned by
2012such financial institution to an eligible nursing home, as
2013defined in subsection (10), for the sole purpose of the initial
2014installation at such nursing home of a fire protection system,
2015as defined in s. 633.021(10)(9), approved by the State Fire
2016Marshal as being in compliance with the provisions of s. 633.022
2017and rules adopted thereunder.
2018     (10)  For purposes of this section, "eligible nursing home"
2019means a nursing home facility that provides nursing services as
2020defined in chapter 464, is licensed under part II of chapter
2021400, and is certified by the Agency for Health Care
2022Administration to lack an installed fire protection system as
2023defined in s. 633.021(10)(9).
2024     Section 48.  Subsection (11) is added to section 633.025,
2025Florida Statutes, to read:
2026     633.025  Minimum firesafety standards.-
2027     (11)  Notwithstanding subsection (9), a property owner may
2028not be required to install fire sprinklers in any residential
2029property based upon the use of such property as a rental
2030property or any change in or reclassification of the property's
2031primary use to a rental property.
2032     Section 49.  Section 633.026, Florida Statutes, is amended
2033to read:
2034     633.026  Legislative intent; informal interpretations of
2035the Florida Fire Prevention Code.-It is the intent of the
2036Legislature that the Florida Fire Prevention Code be interpreted
2037by fire officials and local enforcement agencies in a manner
2038that reasonably and cost-effectively protects the public safety,
2039health, and welfare, ensures uniform interpretations throughout
2040this state, and provides just and expeditious processes for
2041resolving disputes regarding such interpretations. It is the
2042further intent of the Legislature that such processes provide
2043for the expeditious resolution of the issues presented and that
2044the resulting interpretation of such issues be published on the
2045website of the Division of State Fire Marshal.
2046     (1)  The Division of State Fire Marshal shall by rule
2047establish an informal process of rendering nonbinding
2048interpretations of the Florida Fire Prevention Code. The
2049Division of State Fire Marshal may contract with and refer
2050interpretive issues to a third party, selected based upon cost
2051effectiveness, quality of services to be performed, and other
2052performance-based criteria, which nonprofit organization that
2053has experience in interpreting and enforcing the Florida Fire
2054Prevention Code. The Division of State Fire Marshal shall
2055immediately implement the process prior to the completion of
2056formal rulemaking. It is the intent of the Legislature that the
2057Division of State Fire Marshal establish create a Fire Code
2058Interpretation Committee composed of seven persons and seven
2059alternates, equally representing each area of the state process
2060to refer questions to a small group of individuals certified
2061under s. 633.081(2), to which a party can pose questions
2062regarding the interpretation of the Florida Fire Prevention Code
2063provisions.
2064     (2)  Each member and alternate member of the Fire Code
2065Interpretation Committee must be certified as a firesafety
2066inspector pursuant to s. 633.081(2) and must have a minimum of 5
2067years of experience interpreting and enforcing the Florida Fire
2068Prevention Code and the Life Safety Code. Each member and
2069alternate member must be approved by the Division of State Fire
2070Marshal and deemed by the division to have met these
2071requirements for at least 30 days before participating in a
2072review of a nonbinding interpretation. It is the intent of the
2073Legislature that the process provide for the expeditious
2074resolution of the issues presented and publication of the
2075resulting interpretation on the website of the Division of State
2076Fire Marshal. It is the intent of the Legislature that this
2077program be similar to the program established by the Florida
2078Building Commission in s. 553.775(3)(g).
2079     (3)  Each nonbinding interpretation of code provisions must
2080be provided within 10 business days after receipt of a request
2081for interpretation. The response period established in this
2082subsection may be waived only with the written consent of the
2083party requesting the nonbinding interpretation and the Division
2084of State Fire Marshal. Nonbinding Such interpretations shall be
2085advisory only and nonbinding on the parties or the State Fire
2086Marshal.
2087     (4)  In order to administer this section, the Division of
2088State Fire Marshal shall charge department may adopt by rule and
2089impose a fee for nonbinding interpretations, with payment made
2090directly to the third party. The fee may not exceed $150 for
2091each request for a review or interpretation. The division may
2092authorize payment of fees directly to the nonprofit organization
2093under contract pursuant to subsection (1).
2094     (5)  A party requesting a nonbinding interpretation who
2095disagrees with the interpretation issued under this section may
2096apply for a formal interpretation from the State Fire Marshal
2097pursuant to s. 633.01(6).
2098     (6)  The Division of State Fire Marshal shall issue or
2099cause to be issued a nonbinding interpretation of the Florida
2100Fire Prevention Code pursuant to this section when requested to
2101do so upon submission of a petition by a fire official or by the
2102owner or owner's representative or the contractor or
2103contractor's representative of a project in dispute. The
2104division shall adopt a petition form by rule and the petition
2105form must be published on the State Fire Marshal's website. The
2106form shall, at a minimum, require:
2107     (a)  The name and address of the local fire official,
2108including the address of the county, municipality, or special
2109district.
2110     (b)  The name and address of the owner or owner's
2111representative or the contractor or contractor's representative.
2112     (c)  A statement of the specific sections of the Florida
2113Fire Prevention Code being interpreted by the local fire
2114official.
2115     (d)  An explanation of how the petitioner's substantial
2116interests are being affected by the local interpretation of the
2117Florida Fire Prevention Code.
2118     (e)  A statement of the interpretation of the specific
2119sections of the Florida Fire Prevention Code by the local fire
2120official.
2121     (f)  A statement of the interpretation that the petitioner
2122contends should be given to the specific sections of the Florida
2123Fire Prevention Code and a statement supporting the petitioner's
2124interpretation.
2125     (7)  Upon receipt of a petition that meets the requirements
2126of subsection (6), the Division of State Fire Marshal shall
2127immediately provide copies of the petition to the Fire Code
2128Interpretation Committee, and shall publish the petition and any
2129response submitted by the local fire official on the State Fire
2130Marshal's website.
2131     (8)  The committee shall conduct proceedings as necessary
2132to resolve the issues and give due regard to the petition, the
2133facts of the matter at issue, specific code sections cited, and
2134any statutory implications affecting the Florida Fire Prevention
2135Code. The committee shall issue an interpretation regarding the
2136provisions of the Florida Fire Prevention Code within 10 days
2137after the filing of a petition. The committee shall issue an
2138interpretation based upon the Florida Fire Prevention Code or,
2139if the code is ambiguous, the intent of the code. The
2140committee's interpretation shall be provided to the petitioner
2141and shall include a notice that if the petitioner disagrees with
2142the interpretation, the petitioner may file a request for formal
2143interpretation by the State Fire Marshal under s. 633.01(6). The
2144committee's interpretation shall be provided to the State Fire
2145Marshal, and the division shall publish the interpretation on
2146the State Fire Marshal's website and in the Florida
2147Administrative Weekly.
2148     Section 50.  Subsections (2) through (10) of section
2149633.061, Florida Statutes, are renumbered as subsections (3)
2150through (11), respectively, a new subsection (2) is added to
2151that section, and paragraphs (a) and (c) of present subsection
2152(3) of that section are amended, to read:
2153     633.061  Fire suppression equipment; license to install or
2154maintain.-
2155     (2)  A person who holds a valid fire equipment dealer
2156license may maintain such license in an inactive status during
2157which time he or she may not engage in any work under the
2158definition of the license held. An inactive status license shall
2159be void after 2 years or at the time that the license is
2160renewed, whichever comes first. The biennial renewal fee for an
2161inactive status license shall be $75. An inactive status license
2162may not be reactivated unless the continuing education
2163requirements of this chapter have been fulfilled.
2164     (4)(3)(a)  Such licenses and permits shall be issued by the
2165State Fire Marshal for 2 years beginning January 1, 2000, and
2166each 2-year period thereafter and expiring December 31 of the
2167second year. All licenses or permits issued will expire on
2168December 31 of each odd-numbered year. The failure to renew a
2169license or permit by December 31 of the second year will cause
2170the license or permit to become inoperative. The holder of an
2171inoperative license or permit shall not engage in any activities
2172for which a license or permit is required by this section. A
2173license or permit which is inoperative because of the failure to
2174renew it shall be restored upon payment of the applicable fee
2175plus a penalty equal to the applicable fee, if the application
2176for renewal is filed no later than the following March 31. If
2177the application for restoration is not made before the March
217831st deadline, the fee for restoration shall be equal to the
2179original application fee and the penalty provided for herein,
2180and, in addition, the State Fire Marshal shall require
2181reexamination of the applicant. The fee for a license or permit
2182issued for 1 year or less shall be prorated at 50 percent of the
2183applicable fee for a biennial license or permit. After initial
2184licensure, each licensee or permittee must shall successfully
2185complete a course or courses of continuing
2186equipment technicians of at least 16 32
2187permit may not be renewed unless the licensee or permittee
2188produces documentation of the completion of at least 16 hours of
2189continuing education for fire equipment technicians during the
2190biennial licensure period within 4 years of initial issuance of
2191a license or permit and within each 4-year period thereafter or
2192no such license or permit shall be renewed. A person who is both
2193a licensee and a permittee shall be required to complete 16 32
2194hours of continuing education during each renewal per 4-year
2195period. Each licensee shall ensure that all permittees in his or
2196her employment meet their continuing education requirements. The
2197State Fire Marshal shall adopt rules describing the continuing
2198education requirements and shall have the authority upon
2199reasonable belief, to audit a fire equipment dealer to determine
2200compliance with continuing education requirements.
2201     (c)  A license of any class shall not be issued or renewed
2202by the State Fire Marshal and a license of any class shall not
2203remain operative unless:
2204     1.  The applicant has submitted to the State Fire Marshal
2205evidence of registration as a Florida corporation or evidence of
2206compliance with s. 865.09.
2207     2.  The State Fire Marshal or his or her designee has by
2208inspection determined that the applicant possesses the equipment
2209required for the class of license sought. The State Fire Marshal
2210shall give an applicant a reasonable opportunity to correct any
2211deficiencies discovered by inspection. A fee of $50, payable to
2212the State Fire Marshal, shall be required for any subsequent
2213reinspection.
2214     3.  The applicant has submitted to the State Fire Marshal
2215proof of insurance providing coverage for comprehensive general
2216liability for bodily injury and property damage, products
2217liability, completed operations, and contractual liability. The
2218State Fire Marshal shall adopt rules providing for the amounts
2219of such coverage, but such amounts shall not be less than
2220$300,000 for Class A or Class D licenses, $200,000 for Class B
2221licenses, and $100,000 for Class C licenses; and the total
2222coverage for any class of license held in conjunction with a
2223Class D license shall not be less than $300,000. The State Fire
2224Marshal may, at any time after the issuance of a license or its
2225renewal, require upon demand, and in no event more than 30 days
2226after notice of such demand, the licensee to provide proof of
2227insurance, on a form provided by the State Fire Marshal,
2228containing confirmation of insurance coverage as required by
2229this chapter. Failure, for any length of time, to provide proof
2230of insurance coverage as required shall result in the immediate
2231suspension of the license until proof of proper insurance is
2232provided to the State Fire Marshal. An insurer which provides
2233such coverage shall notify the State Fire Marshal of any change
2234in coverage or of any termination, cancellation, or nonrenewal
2235of any coverage.
2236     4.  The applicant applies to the State Fire Marshal,
2237provides proof of experience, and successfully completes a
2238prescribed training course offered by the State Fire College or
2239an equivalent course approved by the State Fire Marshal. This
2240subparagraph does not apply to any holder of or applicant for a
2241permit under paragraph (f) or to a business organization or a
2242governmental entity seeking initial licensure or renewal of an
2243existing license solely for the purpose of inspecting,
2244servicing, repairing, marking, recharging, and maintaining fire
2245extinguishers used and located on the premises of and owned by
2246such organization or entity.
2247     5.  The applicant has a current retestor identification
2248number that is appropriate for the license for which the
2249applicant is applying and that is listed with the United States
2250Department of Transportation.
2251     6.  The applicant has passed, with a grade of at least 70
2252percent, a written examination testing his or her knowledge of
2253the rules and statutes regulating the activities authorized by
2254the license and demonstrating his or her knowledge and ability
2255to perform those tasks in a competent, lawful, and safe manner.
2256Such examination shall be developed and administered by the
2257State Fire Marshal, or his or her designee in accordance with
2258policies and procedures of the State Fire Marshal. An applicant
2259shall pay a nonrefundable examination fee of $50 for each
2260examination or reexamination scheduled. No reexamination shall
2261be scheduled sooner than 30 days after any administration of an
2262examination to an applicant. No applicant shall be permitted to
2263take an examination for any level of license more than a total
2264of four times during 1 year, regardless of the number of
2265applications submitted. As a prerequisite to licensure of the
2266applicant:
2267     a.  Must be at least 18 years of age.
2268     b.  Must have 4 years of proven experience as a fire
2269equipment permittee at a level equal to or greater than the
2270level of license applied for or have a combination of education
2271and experience determined to be equivalent thereto by the State
2272Fire Marshal. Having held a permit at the appropriate level for
2273the required period constitutes the required experience.
2274     c.  Must not have been convicted of, or pled nolo
2275contendere to, any felony. If an applicant has been convicted of
2276any such felony, the applicant must comply with s.
2277112.011(1)(b).
2278
2279This subparagraph does not apply to any holder of or applicant
2280for a permit under paragraph (f) or to a business organization
2281or a governmental entity seeking initial licensure or renewal of
2282an existing license solely for the purpose of inspecting,
2283servicing, repairing, marking, recharging, hydrotesting, and
2284maintaining fire extinguishers used and located on the premises
2285of and owned by such organization or entity.
2286     Section 51.  Section 633.081, Florida Statutes, is amended
2287to read:
2288     633.081  Inspection of buildings and equipment; orders;
2289firesafety inspection training requirements; certification;
2290disciplinary action.-The State Fire Marshal and her or his
2291agents shall, at any reasonable hour, when the State Fire
2292Marshal department has reasonable cause to believe that a
2293violation of this chapter or s. 509.215, or a rule promulgated
2294thereunder, or a minimum firesafety code adopted by a local
2295authority, may exist, inspect any and all buildings and
2296structures which are subject to the requirements of this chapter
2297or s. 509.215 and rules promulgated thereunder. The authority to
2298inspect shall extend to all equipment, vehicles, and chemicals
2299which are located within the premises of any such building or
2300structure.
2301     (1)  Each county, municipality, and special district that
2302has firesafety enforcement responsibilities shall employ or
2303contract with a firesafety inspector. Except as provided in s.
2304633.082(2), the firesafety inspector must conduct all firesafety
2305inspections that are required by law. The governing body of a
2306county, municipality, or special district that has firesafety
2307enforcement responsibilities may provide a schedule of fees to
2308pay only the costs of inspections conducted pursuant to this
2309subsection and related administrative expenses. Two or more
2310counties, municipalities, or special districts that have
2311firesafety enforcement responsibilities may jointly employ or
2312contract with a firesafety inspector.
2313     (2)  Except as provided in s. 633.082(2), every firesafety
2314inspection conducted pursuant to state or local firesafety
2315requirements shall be by a person certified as having met the
2316inspection training requirements set by the State Fire Marshal.
2317Such person shall:
2318     (a)  Be a high school graduate or the equivalent as
2319determined by the department;
2320     (b)  Not have been found guilty of, or having pleaded
2321guilty or nolo contendere to, a felony or a crime punishable by
2322imprisonment of 1 year or more under the law of the United
2323States, or of any state thereof, which involves moral turpitude,
2324without regard to whether a judgment of conviction has been
2325entered by the court having jurisdiction of such cases;
2326     (c)  Have her or his fingerprints on file with the
2327department or with an agency designated by the department;
2328     (d)  Have good moral character as determined by the
2329department;
2330     (e)  Be at least 18 years of age;
2331     (f)  Have satisfactorily completed the firesafety inspector
2332certification examination as prescribed by the department; and
2333     (g)1.  Have satisfactorily completed, as determined by the
2334department, a firesafety inspector training program of not less
2335than 200 hours established by the department and administered by
2336agencies and institutions approved by the department for the
2337purpose of providing basic certification training for firesafety
2338inspectors; or
2339     2.  Have received in another state training which is
2340determined by the department to be at least equivalent to that
2341required by the department for approved firesafety inspector
2342education and training programs in this state.
2343     (3)  Each special state firesafety inspection which is
2344required by law and is conducted by or on behalf of an agency of
2345the state must be performed by an individual who has met the
2346provision of subsection (2), except that the duration of the
2347training program shall not exceed 120 hours of specific training
2348for the type of property that such special state firesafety
2349inspectors are assigned to inspect.
2350     (4)  A firefighter certified pursuant to s. 633.35 may
2351conduct firesafety inspections, under the supervision of a
2352certified firesafety inspector, while on duty as a member of a
2353fire department company conducting inservice firesafety
2354inspections without being certified as a firesafety inspector,
2355if such firefighter has satisfactorily completed an inservice
2356fire department company inspector training program of at least
235724 hours' duration as provided by rule of the department.
2358     (5)  Every firesafety inspector or special state firesafety
2359inspector certificate is valid for a period of 3 years from the
2360date of issuance. Renewal of certification shall be subject to
2361the affected person's completing proper application for renewal
2362and meeting all of the requirements for renewal as established
2363under this chapter or by rule promulgated thereunder, which
2364shall include completion of at least 40 hours during the
2365preceding 3-year period of continuing education as required by
2366the rule of the department or, in lieu thereof, successful
2367passage of an examination as established by the department.
2368     (6)  The State Fire Marshal may deny, refuse to renew,
2369suspend, or revoke the certificate of a firesafety inspector or
2370special state firesafety inspector if it finds that any of the
2371following grounds exist:
2372     (a)  Any cause for which issuance of a certificate could
2373have been refused had it then existed and been known to the
2374State Fire Marshal.
2375     (b)  Violation of this chapter or any rule or order of the
2376State Fire Marshal.
2377     (c)  Falsification of records relating to the certificate.
2378     (d)  Having been found guilty of or having pleaded guilty
2379or nolo contendere to a felony, whether or not a judgment of
2380conviction has been entered.
2381     (e)  Failure to meet any of the renewal requirements.
2382     (f)  Having been convicted of a crime in any jurisdiction
2383which directly relates to the practice of fire code inspection,
2384plan review, or administration.
2385     (g)  Making or filing a report or record that the
2386certificateholder knows to be false, or knowingly inducing
2387another to file a false report or record, or knowingly failing
2388to file a report or record required by state or local law, or
2389knowingly impeding or obstructing such filing, or knowingly
2390inducing another person to impede or obstruct such filing.
2391     (h)  Failing to properly enforce applicable fire codes or
2392permit requirements within this state which the
2393certificateholder knows are applicable by committing willful
2394misconduct, gross negligence, gross misconduct, repeated
2395negligence, or negligence resulting in a significant danger to
2396life or property.
2397     (i)  Accepting labor, services, or materials at no charge
2398or at a noncompetitive rate from any person who performs work
2399that is under the enforcement authority of the certificateholder
2400and who is not an immediate family member of the
2401certificateholder. For the purpose of this paragraph, the term
2402"immediate family member" means a spouse, child, parent,
2403sibling, grandparent, aunt, uncle, or first cousin of the person
2404or the person's spouse or any person who resides in the primary
2405residence of the certificateholder.
2406     (7)  The Division of State Fire Marshal and the Florida
2407Building Code Administrators and Inspectors Board, established
2408pursuant to under s. 468.605, shall enter into a reciprocity
2409agreement to facilitate joint recognition of continuing
2410education recertification hours for certificateholders licensed
2411under s. 468.609 and firesafety inspectors certified under
2412subsection (2).
2413     (8)  The State Fire Marshal shall develop by rule an
2414advanced training and certification program for firesafety
2415inspectors having fire code management responsibilities. The
2416program must be consistent with the appropriate provisions of
2417NFPA 1037, or similar standards adopted by the division, and
2418establish minimum training, education, and experience levels for
2419firesafety inspectors having fire code management
2420responsibilities.
2421     (9)(7)  The department shall provide by rule for the
2422certification of firesafety inspectors.
2423     Section 52.  Subsections (2) and (3) of section 633.082,
2424Florida Statutes, are amended to read:
2425     633.082  Inspection of fire control systems, fire hydrants,
2426and fire protection systems.-
2427     (2)  Fire hydrants and fire protection systems installed in
2428public and private properties, except one-family or two-family
2429dwellings, in this state shall be inspected following procedures
2430established in the nationally recognized inspection, testing,
2431and maintenance standards publications NFPA-24 and NFPA-25 as
2432set forth in the edition adopted by the State Fire Marshal.
2433Quarterly, annual, 3-year, and 5-year inspections consistent
2434with the contractual provisions with the owner shall be
2435conducted by the certificateholder or permittees employed by the
2436certificateholder pursuant to s. 633.521, except that:
2437     (a)  Public fire hydrants owned by a governmental entity
2438shall be inspected following procedures established in the
2439inspection, testing, and maintenance standards adopted by the
2440State Fire Marshal or equivalent standards such as those
2441contained in the latest edition of the American Water Works
2442Association's Manual M17, "Installation, Field Testing, and
2443Maintenance of Fire Hydrants."
2444     (b)  County, municipal, and special district utilities may
2445perform fire hydrant inspections required by this section using
2446designated employees. Such designated employees need not be
2447certified under this chapter. However, counties, municipalities,
2448or special districts that use designated employees are
2449responsible for ensuring that the designated employees are
2450qualified to perform such inspections.
2451     (3)  The inspecting contractor shall provide to the
2452building owner or hydrant owner and the local authority having
2453jurisdiction a copy of the applicable inspection report
2454established under this chapter. The maintenance of fire hydrant
2455and fire protection systems as well as corrective actions on
2456deficient systems is the responsibility of the owner of the
2457system or hydrant. Equipment requiring periodic testing or
2458operation to ensure its maintenance shall be tested or operated
2459as specified in the Fire Prevention Code, Life Safety Code,
2460National Fire Protection Association standards, or as directed
2461by the agency having jurisdiction, provided that such agency
2462shall not require a sprinkler system not required by the Fire
2463Prevention Code, Life Safety Code or National Fire Protection
2464Association Standards to be removed regardless of its condition.
2465This section does not prohibit governmental entities from
2466inspecting and enforcing firesafety codes.
2467     Section 53.  Section 633.352, Florida Statutes, is amended
2468to read:
2469     633.352  Retention of firefighter certification.-Any
2470certified firefighter who has not been active as a firefighter,
2471or as a volunteer firefighter with an organized fire department,
2472for a period of 3 years shall be required to retake the
2473practical portion of the minimum standards state examination
2474specified in rule 69A-37.056(6)(b) 4A-37.056(6)(b), Florida
2475Administrative Code, in order to maintain her or his
2476certification as a firefighter; however, this requirement does
2477not apply to state-certified firefighters who are certified and
2478employed as full-time firesafety inspectors or firesafety
2479instructors, regardless of the firefighter's employment status
2480as determined by the division. The 3-year period begins on the
2481date the certificate of compliance is issued or upon termination
2482of service with an organized fire department.
2483     Section 54.  Paragraph (e) of subsection (2) and
2484subsections (3), (10), and (11) of section 633.521, Florida
2485Statutes, are amended to read:
2486     633.521  Certificate application and issuance; permit
2487issuance; examination and investigation of applicant.-
2488     (2)
2489     (e)  An applicant may not be examined more than four times
2490during 1 year for certification as a contractor pursuant to this
2491section unless the person is or has been certified and is taking
2492the examination to change classifications. If an applicant does
2493not pass one or more parts of the examination, she or he may
2494take any part of the examination three more times during the 1-
2495year period beginning upon the date she or he originally filed
2496an application to take the examination. If the applicant does
2497not pass the examination within that 1-year period, she or he
2498must file a new application and pay the application and
2499examination fees in order to take the examination or a part of
2500the examination again. However, the applicant may not file a new
2501application sooner than 6 months after the date of her or his
2502last examination. An applicant who passes the examination but
2503does not meet the remaining qualifications as provided in
2504applicable statutes and rules within 1 year after the
2505application date must file a new application, pay the
2506application and examination fee, successfully complete a
2507prescribed training course approved by the State Fire College or
2508an equivalent course approved by the State Fire Marshal, and
2509retake and pass the written examination.
2510     (3)(a)  As a prerequisite to taking the examination for
2511certification as a Contractor I, Contractor II, or Contractor
2512III, the applicant must be at least 18 years of age, be of good
2513moral character, and shall possess 4 years' proven experience in
2514the employment of a fire protection system Contractor I,
2515Contractor II, or Contractor III or a combination of equivalent
2516education and experience in both water-based and chemical fire
2517suppression systems.
2518     (b)  As a prerequisite to taking the examination for
2519certification as a Contractor II, the applicant must be at least
252018 years of age, be of good moral character, and have 4 years of
2521verifiable employment experience with a fire protection system
2522as a Contractor I or Contractor II, or a combination of
2523equivalent education and experience in water-based fire
2524suppression systems.
2525     (c)  Required education and experience for certification as
2526a Contractor I, Contractor II, Contractor III, or Contractor IV
2527includes training and experience in both installation and system
2528layout as defined in s. 633.021.
2529     (d)  As a prerequisite to taking the examination for
2530certification as a Contractor III, the applicant must be at
2531least 18 years of age, be of good moral character, and have 4
2532years of verifiable employment experience with a fire protection
2533system as a Contractor I or Contractor II, or a combination of
2534equivalent education and experience in chemical fire suppression
2535systems.
2536     (e)  As a prerequisite to taking the examination for
2537certification as a Contractor IV, the applicant must shall be at
2538least 18 years old, be of good moral character, be licensed as a
2539certified plumbing contractor under chapter 489, and
2540successfully complete a training program acceptable to the State
2541Fire Marshal of not less than 40 contact hours regarding the
2542applicable installation standard used by the Contractor IV as
2543described in NFPA 13D. The State Fire Marshal may adopt rules to
2544administer this subsection have at least 2 years' proven
2545experience in the employment of a fire protection system
2546Contractor I, Contractor II, Contractor III, or Contractor IV or
2547combination of equivalent education and experience which
2548combination need not include experience in the employment of a
2549fire protection system contractor.
2550     (f)  As a prerequisite to taking the examination for
2551certification as a Contractor V, the applicant must shall be at
2552least 18 years old, be of good moral character, and have been
2553licensed as a certified underground utility and excavation
2554contractor or certified plumbing contractor pursuant to chapter
2555489, have verification by an individual who is licensed as a
2556certified utility contractor or certified plumbing contractor
2557pursuant to chapter 489 that the applicant has 4 years' proven
2558experience in the employ of a certified underground utility and
2559excavation contractor or certified plumbing contractor, or have
2560a combination of education and experience equivalent to 4 years'
2561proven experience in the employ of a certified underground
2562utility and excavation contractor or certified plumbing
2563contractor.
2564     (g)  Within 30 days after the date of the examination, the
2565State Fire Marshal shall inform the applicant in writing whether
2566she or he has qualified or not and, if the applicant has
2567qualified, that she or he is ready to issue a certificate of
2568competency, subject to compliance with the requirements of
2569subsection (4).
2570     (10)  Effective July 1, 2008, The State Fire Marshal shall
2571require the National Institute of Certification in Engineering
2572Technologies (NICET), Sub-field of Inspection and Testing of
2573Fire Protection Systems Level II or equivalent training and
2574education as determined by the division as proof that the
2575permitholders are knowledgeable about nationally accepted
2576standards for the inspection of fire protection systems. It is
2577the intent of this act, from July 1, 2005, until July 1, 2008,
2578to accept continuing education of all certificateholders'
2579employees who perform inspection functions which specifically
2580prepares the permitholder to qualify for NICET II certification.
2581     (11)  It is intended that a certificateholder, or a
2582permitholder who is employed by a certificateholder, conduct
2583inspections required by this chapter. It is understood that
2584after July 1, 2008, employee turnover may result in a depletion
2585of personnel who are certified under the NICET Sub-field of
2586Inspection and Testing of Fire Protection Systems Level II or
2587equivalent training and education as required by the Division of
2588State Fire Marshal which is required for permitholders. The
2589extensive training and experience necessary to achieve NICET
2590Level II certification is recognized. A certificateholder may
2591therefore obtain a provisional permit with an endorsement for
2592inspection, testing, and maintenance of water-based fire
2593extinguishing systems for an employee if the employee has
2594initiated procedures for obtaining Level II certification from
2595the National Institute for Certification in Engineering
2596Technologies Sub-field of Inspection and Testing of Fire
2597Protection Systems and achieved Level I certification or an
2598equivalent level as determined by the State Fire Marshal through
2599verification of experience, training, and examination. The State
2600Fire Marshal may establish rules to administer this subsection.
2601After 2 years of provisional certification, the employee must
2602have achieved NICET Level II certification or obtain equivalent
2603training and education as determined by the division, or cease
2604performing inspections requiring Level II certification. The
2605provisional permit is valid only for the 2 calendar years after
2606the date of issuance, may not be extended, and is not renewable.
2607After the initial 2-year provisional permit expires, the
2608certificateholder must wait 2 additional years before a new
2609provisional permit may be issued. The intent is to prohibit the
2610certificateholder from using employees who never reach NICET
2611Level II status, or equivalent training and education as
2612determined by the division, by continuously obtaining
2613provisional permits.
2614     Section 55.  Subsection (3) is added to section 633.524,
2615Florida Statutes, to read:
2616     633.524  Certificate and permit fees; use and deposit of
2617collected funds.-
2618     (3)  The State Fire Marshal may enter into a contract with
2619any qualified public entity or private company in accordance
2620with chapter 287 to provide examinations for any applicant for
2621any examination administered under the jurisdiction of the State
2622Fire Marshal. The State Fire Marshal may direct payments from
2623each applicant for each examination directly to such contracted
2624entity or company.
2625     Section 56.  Subsection (4) of section 633.537, Florida
2626Statutes, is amended to read:
2627     633.537  Certificate; expiration; renewal; inactive
2628certificate; continuing education.-
2629     (4)  The renewal period for the permit class is the same as
2630that for the employing certificateholder. The continuing
2631education requirements for permitholders are what is required to
2632maintain NICET Sub-field of Inspection and Testing of Fire
2633Protection Systems Level II, equivalent training and education
2634as determined by the division, or higher certification plus 8
2635contact hours of continuing education approved by the State Fire
2636Marshal during each biennial renewal period thereafter. The
2637continuing education curriculum from July 1, 2005, until July 1,
26382008, shall be the preparatory curriculum for NICET II
2639certification; after July 1, 2008, the technical curriculum is
2640at the discretion of the State Fire Marshal and may be used to
2641meet the maintenance of NICET Level II certification and 8
2642contact hours of continuing education requirements. It is the
2643responsibility of the permitholder to maintain NICET II
2644certification or equivalent training and education as determined
2645by the division as a condition of permit renewal after July 1,
26462008.
2647     Section 57.  Subsection (4) of section 633.72, Florida
2648Statutes, is amended to read:
2649     633.72  Florida Fire Code Advisory Council.-
2650     (4)  Each appointee shall serve a 4-year term. No member
2651shall serve more than two consecutive terms one term. No member
2652of the council shall be paid a salary as such member, but each
2653shall receive travel and expense reimbursement as provided in s.
2654112.061.
2655     Section 58.  Subsection (6) of section 718.113, Florida
2656Statutes, is repealed.
2657     Section 59.  The Florida Building Commission shall revise
2658the Florida Building Code in order to make it consistent with
2659the revisions made by this act to s. 399.02, Florida Statutes.
2660     Section 60.  (1)  The Department of Management Services
2661shall consider the energy efficiency of all materials used in
2662the construction, alteration, repair, or rebuilding of a
2663building or facility owned or operated by a state agency.
2664Whenever feasible, the department shall lease a building or
2665facility that has high-efficiency lighting.
2666     (2)  The Department of Management Services shall adopt
2667rules requiring a state agency to install high-efficiency lamps
2668when replacing an existing lamp or installing a new lamp in a
2669building owned by the state agency.
2670     Section 61.  This act shall take effect July 1, 2010.


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