Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 396
       
       
       
       
       
       
                                Barcode 460854                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/07/2011           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (d) is added to subsection (16) of
    6  section 120.80, Florida Statutes, to read:
    7         120.80 Exceptions and special requirements; agencies.—
    8         (16) FLORIDA BUILDING COMMISSION.—
    9         (d) Rule proceedings relating to updates and modifications
   10  of the Florida Building Code pursuant to s. 553.73 are exempt
   11  from ss. 120.54(3) and 120.541(3).
   12         Section 2. Subsections (3) and (4) of section 255.252,
   13  Florida Statutes, are amended to read:
   14         255.252 Findings and intent.—
   15         (3) In order for that such energy-efficiency and
   16  sustainable materials considerations to become a function of
   17  building design and a model for future application in the
   18  private sector, it is shall be the policy of the state that
   19  buildings constructed and financed by the state be designed and
   20  constructed to comply with a sustainable building rating the
   21  United States Green Building Council (USGBC) Leadership in
   22  Energy and Environmental Design (LEED) rating system, the Green
   23  Building Initiative’s Green Globes rating system, the Florida
   24  Green Building Coalition standards, or a nationally recognized,
   25  high-performance green building rating system as approved by the
   26  department. It is further the policy of the state, if when
   27  economically feasible, to retrofit existing state-owned
   28  buildings in a manner that minimizes which will minimize the
   29  consumption of energy used in the operation and maintenance of
   30  such buildings.
   31         (4) In addition to designing and constructing new buildings
   32  to be energy-efficient, it is shall be the policy of the state
   33  to operate and maintain state facilities in a manner that
   34  minimizes which will minimize energy consumption and maximizes
   35  maximize building sustainability, and to operate as well as
   36  ensure that facilities leased by the state are operated so as to
   37  minimize energy use. It is further the policy of the state that
   38  the renovation of existing state facilities be in accordance
   39  with a sustainable building rating the United States Green
   40  Building Council (USGBC) Leadership in Energy and Environmental
   41  Design (LEED) rating system, the Green Building Initiative’s
   42  Green Globes rating system, the Florida Green Building Coalition
   43  standards, or a nationally recognized, high-performance green
   44  building rating system as approved by the department. State
   45  agencies are encouraged to consider shared savings financing of
   46  such energy-efficiency and conservation projects, using
   47  contracts that which split the resulting savings for a specified
   48  period of time between the state agency and the private firm or
   49  cogeneration contracts and that which otherwise permit the state
   50  to lower its net energy costs. Such energy contracts may be
   51  funded from the operating budget.
   52         Section 3. Subsection (7) of section 255.253, Florida
   53  Statutes, is amended to read:
   54         255.253 Definitions; ss. 255.251-255.258.—
   55         (7) “Sustainable building rating” means a rating
   56  established by the United States Green Building Council (USGBC)
   57  Leadership in Energy and Environmental Design (LEED) rating
   58  system, the International Green Construction Code (IGCC), the
   59  Green Building Initiative’s Green Globes rating system, the
   60  Florida Green Building Coalition standards, or a nationally
   61  recognized, high-performance green building rating system as
   62  approved by the department.
   63         Section 4. Subsection (4) of section 255.257, Florida
   64  Statutes, is amended to read:
   65         255.257 Energy management; buildings occupied by state
   66  agencies.—
   67         (4) ADOPTION OF STANDARDS.—
   68         (a) All state agencies shall adopt a sustainable building
   69  rating system the United States Green Building Council (USGBC)
   70  Leadership in Energy and Environmental Design (LEED) rating
   71  system, the Green Building Initiative’s Green Globes rating
   72  system, the Florida Green Building Coalition standards, or a
   73  nationally recognized, high-performance green building rating
   74  system as approved by the department for all new buildings and
   75  renovations to existing buildings.
   76         (b) No state agency shall enter into new leasing agreements
   77  for office space that does not meet Energy Star building
   78  standards, except when determined by the appropriate state
   79  agency head determines that no other viable or cost-effective
   80  alternative exists.
   81         (c) All state agencies shall develop energy conservation
   82  measures and guidelines for new and existing office space where
   83  state agencies occupy more than 5,000 square feet. These
   84  conservation measures shall focus on programs that may reduce
   85  energy consumption and, when established, provide a net
   86  reduction in occupancy costs.
   87         Section 5. Subsection (2) of section 255.2575, Florida
   88  Statutes, is amended to read:
   89         255.2575 Energy-efficient and sustainable buildings.—
   90         (2) All county, municipal, school district, water
   91  management district, state university, community college, and
   92  Florida state court buildings shall be constructed to comply
   93  with a sustainable building rating system meet the United States
   94  Green Building Council (USGBC) Leadership in Energy and
   95  Environmental Design (LEED) rating system, the Green Building
   96  Initiative’s Green Globes rating system, the Florida Green
   97  Building Coalition standards, or a nationally recognized, high
   98  performance green building rating system as approved by the
   99  Department of Management Services. This section applies shall
  100  apply to all county, municipal, school district, water
  101  management district, state university, community college, and
  102  Florida state court buildings the architectural plans of which
  103  are commenced after July 1, 2008.
  104         Section 6. Subsection (1) of section 468.8316, Florida
  105  Statutes, is amended to read:
  106         468.8316 Continuing education.—
  107         (1) The department may not renew a license until the
  108  licensee submits proof satisfactory to the department that
  109  during the 2 years before prior to his or her application for
  110  renewal the licensee has completed at least 14 hours of
  111  continuing education. Of the 14 hours, at least 2 hours must be
  112  in hurricane mitigation training that includes hurricane
  113  mitigation techniques and compliance with the uniform mitigation
  114  verification inspection form developed under s. 627.711(2). The
  115  department shall adopt rules establishing criteria for approving
  116  continuing education providers and courses course content shall
  117  be approved by the department by rule.
  118         Section 7. Paragraph (f) of subsection (1) and subsection
  119  (3) of section 468.8319, Florida Statutes, are amended to read
  120         468.8319 Prohibitions; penalties.—
  121         (1) A person may not:
  122         (f) Perform or offer to perform any repairs to a home on
  123  which the inspector or the inspector’s company has prepared a
  124  home inspection report. This paragraph does not apply to:
  125         1. a home warranty company that is affiliated with or
  126  retains a home inspector to perform repairs pursuant to a claim
  127  made under a home warranty contract.
  128         2. A certified contractor who is classified in s.
  129  489.105(3) as a Division I contractor. However, the department
  130  may adopt rules requiring that, if such contractor performs the
  131  home inspection and offers to perform the repairs, the contract
  132  for repairs provided to the homeowner discloses that he or she
  133  has the right to request competitive bids.
  134         (3) This section does not apply to unlicensed activity as
  135  described in paragraph (1)(a), paragraph (1)(b), or s. 455.228
  136  that occurs before July 1, 2011.
  137         Section 8. Paragraph (b) of subsection (1) of section
  138  468.8323, Florida Statutes, is amended to read:
  139         468.8323 Home inspection report.—Upon completion of each
  140  home inspection for compensation, the home inspector shall
  141  provide a written report prepared for the client.
  142         (1) The home inspector shall report:
  143         (b) If not self-evident, a reason why the system or
  144  component reported under paragraph (a) is significantly
  145  deficient or near the end of its service life.
  146         Section 9. Subsection (2) of section 468.8324, Florida
  147  Statutes, are amended to read:
  148         468.8324 Grandfather clause.—
  149  (2) The department may investigate the validity of a home
  150  inspection report submitted under paragraph (b) (1)(b) and, if
  151  the applicant submits a false report, may take disciplinary
  152  action against the applicant under s. 468.832(1)(e) or (g).
  153         (2) A person who performs home inspection services may
  154  qualify for licensure as a home inspector under this part if the
  155  person submits an application to the department postmarked on or
  156  before July 1, 2012, which shows that the applicant:
  157         (a) Possesses certification as a one- and two-family
  158  dwelling inspector issued by the International Code Council or
  159  the Southern Building Code Congress International;
  160         (b) Has been certified as a one- and two-family dwelling
  161  inspector by the Florida Building Code Administrators and
  162  Inspectors Board under part XII of this chapter; or
  163         (c) Possesses a Division I contractor license under part I
  164  of chapter 489.
  165         Section 10. Subsection (5) of section 481.329, Florida
  166  Statutes, is amended to read:
  167         481.329 Exceptions; exemptions from licensure.—
  168         (5) Nothing in this part prohibits any person from engaging
  169  in the practice of landscape design, as defined in s.
  170  481.303(7), nor submitting such plans to government agencies for
  171  approval. Persons providing landscape design services shall not
  172  use the title, term, or designation “landscape architect,”
  173  “landscape architectural,” “landscape architecture,” “L.A.,”
  174  “landscape engineering,” or any description tending to convey
  175  the impression that she or he is a landscape architect unless
  176  she or he is registered as provided in this part.
  177         Section 11. Subsection (18) of section 489.103, Florida
  178  Statutes, is amended to read:
  179         489.103 Exemptions.—This part does not apply to:
  180         (18) Any one-family, two-family, or three-family residence
  181  constructed or created by Habitat for Humanity International,
  182  Inc., or its local affiliates. Habitat for Humanity
  183  International, Inc., or its local affiliates, must:
  184         (a) Obtain all necessary building permits.
  185         (b) Obtain all required building code inspections.
  186         (c) Provide for supervision of all work by an individual
  187  with construction experience.
  188         Section 12. Subsection (3) of section 489.105, Florida
  189  Statutes, is amended to read
  190         489.105 Definitions.—As used in this part:
  191         (3) “Contractor” means the person who is qualified for, and
  192  is shall only be responsible for, the project contracted for and
  193  means, except as exempted in this part, the person who, for
  194  compensation, undertakes to, submits a bid to, or does himself
  195  or herself or by others construct, repair, alter, remodel, add
  196  to, demolish, subtract from, or improve any building or
  197  structure, including related improvements to real estate, for
  198  others or for resale to others; and whose job scope is
  199  substantially similar to the job scope described in one of the
  200  subsequent paragraphs of this subsection. For the purposes of
  201  regulation under this part, “demolish” applies only to
  202  demolition of steel tanks over 50 feet in height; towers over 50
  203  feet in height; other structures over 50 feet in height, other
  204  than buildings or residences over three stories tall; and
  205  buildings or residences over three stories tall. Contractors are
  206  subdivided into two divisions, Division I, consisting of those
  207  contractors defined in paragraphs (a)-(c), and Division II,
  208  consisting of those contractors defined in paragraphs (d)-(r)
  209  (d)-(q):
  210         (a) “General contractor” means a contractor whose services
  211  are unlimited as to the type of work which he or she may do, who
  212  may contract for any activity requiring licensure under this
  213  part, and who may perform any work requiring licensure under
  214  this part, except as otherwise expressly provided in s. 489.113.
  215         (b) “Building contractor” means a contractor whose services
  216  are limited to construction of commercial buildings and single
  217  dwelling or multiple-dwelling residential buildings, which
  218  commercial or residential buildings do not exceed three stories
  219  in height, and accessory use structures in connection therewith
  220  or a contractor whose services are limited to remodeling,
  221  repair, or improvement of any size building if the services do
  222  not affect the structural members of the building.
  223         (c) “Residential contractor” means a contractor whose
  224  services are limited to construction, remodeling, repair, or
  225  improvement of one-family, two-family, or three-family
  226  residences not exceeding two habitable stories above no more
  227  than one uninhabitable story and accessory use structures in
  228  connection therewith.
  229         (d) “Sheet metal contractor” means a contractor whose
  230  services are unlimited in the sheet metal trade and who has the
  231  experience, knowledge, and skill necessary for the manufacture,
  232  fabrication, assembling, handling, erection, installation,
  233  dismantling, conditioning, adjustment, insulation, alteration,
  234  repair, servicing, or design, if when not prohibited by law, of
  235  ferrous or nonferrous metal work of U.S. No. 10 gauge or its
  236  equivalent or lighter gauge and of other materials, including,
  237  but not limited to, fiberglass, used in lieu thereof and of air
  238  handling systems, including the setting of air-handling
  239  equipment and reinforcement of same, the balancing of air
  240  handling systems, and any duct cleaning and equipment sanitizing
  241  that which requires at least a partial disassembling of the
  242  system.
  243         (e) “Roofing contractor” means a contractor whose services
  244  are unlimited in the roofing trade and who has the experience,
  245  knowledge, and skill to install, maintain, repair, alter,
  246  extend, or design, if when not prohibited by law, and use
  247  materials and items used in the installation, maintenance,
  248  extension, and alteration of all kinds of roofing,
  249  waterproofing, and coating, except when coating is not
  250  represented to protect, repair, waterproof, stop leaks, or
  251  extend the life of the roof. The scope of work of a roofing
  252  contractor also includes required roof-deck attachments and any
  253  repair or replacement of wood roof sheathing or fascia as needed
  254  during roof repair or replacement.
  255         (f) “Class A air-conditioning contractor” means a
  256  contractor whose services are unlimited in the execution of
  257  contracts requiring the experience, knowledge, and skill to
  258  install, maintain, repair, fabricate, alter, extend, or design,
  259  if when not prohibited by law, central air-conditioning,
  260  refrigeration, heating, and ventilating systems, including duct
  261  work in connection with a complete system if only to the extent
  262  such duct work is performed by the contractor as is necessary to
  263  make complete an air-distribution system, boiler and unfired
  264  pressure vessel systems, and all appurtenances, apparatus, or
  265  equipment used in connection therewith, and any duct cleaning
  266  and equipment sanitizing that which requires at least a partial
  267  disassembling of the system; to install, maintain, repair,
  268  fabricate, alter, extend, or design, if when not prohibited by
  269  law, piping, insulation of pipes, vessels and ducts, pressure
  270  and process piping, and pneumatic control piping; to replace,
  271  disconnect, or reconnect power wiring on the load side of the
  272  dedicated existing electrical disconnect switch; to install,
  273  disconnect, and reconnect low voltage heating, ventilating, and
  274  air-conditioning control wiring; and to install a condensate
  275  drain from an air-conditioning unit to an existing safe waste or
  276  other approved disposal other than a direct connection to a
  277  sanitary system. The scope of work for such contractor shall
  278  also includes include any excavation work incidental thereto,
  279  but does shall not include any work such as liquefied petroleum
  280  or natural gas fuel lines within buildings, except for
  281  disconnecting or reconnecting changeouts of liquefied petroleum
  282  or natural gas appliances within buildings; potable water lines
  283  or connections thereto; sanitary sewer lines; swimming pool
  284  piping and filters; or electrical power wiring.
  285         (g) “Class B air-conditioning contractor” means a
  286  contractor whose services are limited to 25 tons of cooling and
  287  500,000 Btu of heating in any one system in the execution of
  288  contracts requiring the experience, knowledge, and skill to
  289  install, maintain, repair, fabricate, alter, extend, or design,
  290  if when not prohibited by law, central air-conditioning,
  291  refrigeration, heating, and ventilating systems, including duct
  292  work in connection with a complete system only to the extent
  293  such duct work is performed by the contractor as is necessary to
  294  make complete an air-distribution system being installed under
  295  this classification, and any duct cleaning and equipment
  296  sanitizing that which requires at least a partial disassembling
  297  of the system; to install, maintain, repair, fabricate, alter,
  298  extend, or design, if when not prohibited by law, piping and
  299  insulation of pipes, vessels, and ducts; to replace, disconnect,
  300  or reconnect power wiring on the load side of the dedicated
  301  existing electrical disconnect switch; to install, disconnect,
  302  and reconnect low voltage heating, ventilating, and air
  303  conditioning control wiring; and to install a condensate drain
  304  from an air-conditioning unit to an existing safe waste or other
  305  approved disposal other than a direct connection to a sanitary
  306  system. The scope of work for such contractor shall also
  307  includes include any excavation work incidental thereto, but
  308  does shall not include any work such as liquefied petroleum or
  309  natural gas fuel lines within buildings, except for
  310  disconnecting or reconnecting changeouts of liquefied petroleum
  311  or natural gas appliances within buildings; potable water lines
  312  or connections thereto; sanitary sewer lines; swimming pool
  313  piping and filters; or electrical power wiring.
  314         (h) “Class C air-conditioning contractor” means a
  315  contractor whose business is limited to the servicing of air
  316  conditioning, heating, or refrigeration systems, including any
  317  duct cleaning and equipment sanitizing that which requires at
  318  least a partial disassembling of the system, and whose
  319  certification or registration, issued pursuant to this part, was
  320  valid on October 1, 1988. Only a No person who was not
  321  previously registered or certified as a Class C air-conditioning
  322  contractor as of October 1, 1988, shall be so registered or
  323  certified after October 1, 1988. However, the board shall
  324  continue to license and regulate those Class C air-conditioning
  325  contractors who held Class C licenses before prior to October 1,
  326  1988.
  327         (i) “Mechanical contractor” means a contractor whose
  328  services are unlimited in the execution of contracts requiring
  329  the experience, knowledge, and skill to install, maintain,
  330  repair, fabricate, alter, extend, or design, if when not
  331  prohibited by law, central air-conditioning, refrigeration,
  332  heating, and ventilating systems, including duct work in
  333  connection with a complete system if only to the extent such
  334  duct work is performed by the contractor as is necessary to make
  335  complete an air-distribution system, boiler and unfired pressure
  336  vessel systems, lift station equipment and piping, and all
  337  appurtenances, apparatus, or equipment used in connection
  338  therewith, and any duct cleaning and equipment sanitizing that
  339  which requires at least a partial disassembling of the system;
  340  to install, maintain, repair, fabricate, alter, extend, or
  341  design, if when not prohibited by law, piping, insulation of
  342  pipes, vessels and ducts, pressure and process piping, pneumatic
  343  control piping, gasoline tanks and pump installations and piping
  344  for same, standpipes, air piping, vacuum line piping, oxygen
  345  lines, nitrous oxide piping, ink and chemical lines, fuel
  346  transmission lines, liquefied petroleum gas lines within
  347  buildings, and natural gas fuel lines within buildings; to
  348  replace, disconnect, or reconnect power wiring on the load side
  349  of the dedicated existing electrical disconnect switch; to
  350  install, disconnect, and reconnect low voltage heating,
  351  ventilating, and air-conditioning control wiring; and to install
  352  a condensate drain from an air-conditioning unit to an existing
  353  safe waste or other approved disposal other than a direct
  354  connection to a sanitary system. The scope of work for such
  355  contractor shall also includes include any excavation work
  356  incidental thereto, but does shall not include any work such as
  357  potable water lines or connections thereto, sanitary sewer
  358  lines, swimming pool piping and filters, or electrical power
  359  wiring.
  360         (j) “Commercial pool/spa contractor” means a contractor
  361  whose scope of work involves, but is not limited to, the
  362  construction, repair, and servicing of any swimming pool, or hot
  363  tub or spa, whether public, private, or otherwise, regardless of
  364  use. The scope of work includes the installation, repair, or
  365  replacement of existing equipment, any cleaning or equipment
  366  sanitizing that which requires at least a partial disassembling,
  367  excluding filter changes, and the installation of new pool/spa
  368  equipment, interior finishes, the installation of package pool
  369  heaters, the installation of all perimeter piping and filter
  370  piping, and the construction of equipment rooms or housing for
  371  pool/spa equipment, and also includes the scope of work of a
  372  swimming pool/spa servicing contractor. The scope of such work
  373  does not include direct connections to a sanitary sewer system
  374  or to potable water lines. The installation, construction,
  375  modification, or replacement of equipment permanently attached
  376  to and associated with the pool or spa for the purpose of water
  377  treatment or cleaning of the pool or spa requires licensure;
  378  however, the usage of such equipment for the purposes of water
  379  treatment or cleaning does shall not require licensure unless
  380  the usage involves construction, modification, or replacement of
  381  such equipment. Water treatment that does not require such
  382  equipment does not require a license. In addition, a license is
  383  shall not be required for the cleaning of the pool or spa in a
  384  any way that does not affect the structural integrity of the
  385  pool or spa or its associated equipment.
  386         (k) “Residential pool/spa contractor” means a contractor
  387  whose scope of work involves, but is not limited to, the
  388  construction, repair, and servicing of a any residential
  389  swimming pool, or hot tub or spa, regardless of use. The scope
  390  of work includes the installation, repair, or replacement of
  391  existing equipment, any cleaning or equipment sanitizing that
  392  which requires at least a partial disassembling, excluding
  393  filter changes, and the installation of new pool/spa equipment,
  394  interior finishes, the installation of package pool heaters, the
  395  installation of all perimeter piping and filter piping, and the
  396  construction of equipment rooms or housing for pool/spa
  397  equipment, and also includes the scope of work of a swimming
  398  pool/spa servicing contractor. The scope of such work does not
  399  include direct connections to a sanitary sewer system or to
  400  potable water lines. The installation, construction,
  401  modification, or replacement of equipment permanently attached
  402  to and associated with the pool or spa for the purpose of water
  403  treatment or cleaning of the pool or spa requires licensure;
  404  however, the usage of such equipment for the purposes of water
  405  treatment or cleaning does shall not require licensure unless
  406  the usage involves construction, modification, or replacement of
  407  such equipment. Water treatment that does not require such
  408  equipment does not require a license. In addition, a license is
  409  shall not be required for the cleaning of the pool or spa in a
  410  any way that does not affect the structural integrity of the
  411  pool or spa or its associated equipment.
  412         (l) “Swimming pool/spa servicing contractor” means a
  413  contractor whose scope of work involves, but is not limited to,
  414  the repair and servicing of a any swimming pool, or hot tub or
  415  spa, whether public or private, or otherwise, regardless of use.
  416  The scope of work includes the repair or replacement of existing
  417  equipment, any cleaning or equipment sanitizing that which
  418  requires at least a partial disassembling, excluding filter
  419  changes, and the installation of new pool/spa equipment,
  420  interior refinishing, the reinstallation or addition of pool
  421  heaters, the repair or replacement of all perimeter piping and
  422  filter piping, the repair of equipment rooms or housing for
  423  pool/spa equipment, and the substantial or complete draining of
  424  a swimming pool, or hot tub or spa, for the purpose of any
  425  repair or renovation. The scope of such work does not include
  426  direct connections to a sanitary sewer system or to potable
  427  water lines. The installation, construction, modification,
  428  substantial or complete disassembly, or replacement of equipment
  429  permanently attached to and associated with the pool or spa for
  430  the purpose of water treatment or cleaning of the pool or spa
  431  requires licensure; however, the usage of such equipment for the
  432  purposes of water treatment or cleaning does shall not require
  433  licensure unless the usage involves construction, modification,
  434  substantial or complete disassembly, or replacement of such
  435  equipment. Water treatment that does not require such equipment
  436  does not require a license. In addition, a license is shall not
  437  be required for the cleaning of the pool or spa in a any way
  438  that does not affect the structural integrity of the pool or spa
  439  or its associated equipment.
  440         (m) “Plumbing contractor” means a contractor whose
  441  contracting business consists of the execution of contracts
  442  requiring the experience, financial means, knowledge, and skill
  443  to install, maintain, repair, alter, extend, or, if when not
  444  prohibited by law, design plumbing. A plumbing contractor may
  445  install, maintain, repair, alter, extend, or, if when not
  446  prohibited by law, design the following without obtaining an any
  447  additional local regulatory license, certificate, or
  448  registration: sanitary drainage or storm drainage facilities;
  449  venting systems; public or private water supply systems; septic
  450  tanks; drainage and supply wells; swimming pool piping;
  451  irrigation systems; or solar heating water systems and all
  452  appurtenances, apparatus, or equipment used in connection
  453  therewith, including boilers and pressure process piping and
  454  including the installation of water, natural gas, liquefied
  455  petroleum gas and related venting, and storm and sanitary sewer
  456  lines; and water and sewer plants and substations. The scope of
  457  work of the plumbing contractor also includes the design, if
  458  when not prohibited by law, and installation, maintenance,
  459  repair, alteration, or extension of air-piping, vacuum line
  460  piping, oxygen line piping, nitrous oxide piping, and all
  461  related medical gas systems; fire line standpipes and fire
  462  sprinklers if to the extent authorized by law; ink and chemical
  463  lines; fuel oil and gasoline piping and tank and pump
  464  installation, except bulk storage plants; and pneumatic control
  465  piping systems, all in such a manner that complies as to comply
  466  with all plans, specifications, codes, laws, and regulations
  467  applicable. The scope of work of the plumbing contractor applies
  468  shall apply to private property and public property, including
  469  shall include any excavation work incidental thereto, and
  470  includes shall include the work of the specialty plumbing
  471  contractor. Such contractor shall subcontract, with a qualified
  472  contractor in the field concerned, all other work incidental to
  473  the work but which is specified herein as being the work of a
  474  trade other than that of a plumbing contractor. Nothing in This
  475  definition does not shall be construed to limit the scope of
  476  work of any specialty contractor certified pursuant to s.
  477  489.113(6), and does not. Nothing in this definition shall be
  478  construed to require certification or registration under this
  479  part of any authorized employee of a public natural gas utility
  480  or of a private natural gas utility regulated by the Public
  481  Service Commission when disconnecting and reconnecting water
  482  lines in the servicing or replacement of an existing water
  483  heater.
  484         (n) “Underground utility and excavation contractor” means a
  485  contractor whose services are limited to the construction,
  486  installation, and repair, on public or private property, whether
  487  accomplished through open excavations or through other means,
  488  including, but not limited to, directional drilling, auger
  489  boring, jacking and boring, trenchless technologies, wet and dry
  490  taps, grouting, and slip lining, of main sanitary sewer
  491  collection systems, main water distribution systems, storm sewer
  492  collection systems, and the continuation of utility lines from
  493  the main systems to a point of termination up to and including
  494  the meter location for the individual occupancy, sewer
  495  collection systems at property line on residential or single
  496  occupancy commercial properties, or on multioccupancy properties
  497  at manhole or wye lateral extended to an invert elevation as
  498  engineered to accommodate future building sewers, water
  499  distribution systems, or storm sewer collection systems at storm
  500  sewer structures. However, an underground utility and excavation
  501  contractor may install empty underground conduits in rights-of
  502  way, easements, platted rights-of-way in new site development,
  503  and sleeves for parking lot crossings no smaller than 2 inches
  504  in diameter if, provided that each conduit system installed is
  505  designed by a licensed professional engineer or an authorized
  506  employee of a municipality, county, or public utility and that
  507  the installation of any such conduit does not include
  508  installation of any conductor wiring or connection to an
  509  energized electrical system. An underground utility and
  510  excavation contractor may shall not install any piping that is
  511  an integral part of a fire protection system as defined in s.
  512  633.021 beginning at the point where the piping is used
  513  exclusively for such system.
  514         (o) “Solar contractor” means a contractor whose services
  515  consist of the installation, alteration, repair, maintenance,
  516  relocation, or replacement of solar panels for potable solar
  517  water heating systems, swimming pool solar heating systems, and
  518  photovoltaic systems and any appurtenances, apparatus, or
  519  equipment used in connection therewith, whether public, private,
  520  or otherwise, regardless of use. A contractor, certified or
  521  registered pursuant to the provisions of this chapter, is not
  522  required to become a certified or registered solar contractor or
  523  to contract with a solar contractor in order to provide any
  524  services enumerated in this paragraph that are within the scope
  525  of the services such contractors may render under this part.
  526         (p) “Pollutant storage systems contractor” means a
  527  contractor whose services are limited to, and who has the
  528  experience, knowledge, and skill to install, maintain, repair,
  529  alter, extend, or design, if when not prohibited by law, and use
  530  materials and items used in the installation, maintenance,
  531  extension, and alteration of, pollutant storage tanks. Any
  532  person installing a pollutant storage tank shall perform such
  533  installation in accordance with the standards adopted pursuant
  534  to s. 376.303.
  535         (q) “Glass and glazing contractor” means a contractor whose
  536  services are unlimited in the execution of contracts requiring
  537  the experience, knowledge, and skill to install, attach,
  538  maintain, repair, fabricate, alter, extend, or design, in
  539  residential and commercial applications without any height
  540  restrictions, all types of windows, glass, and mirrors, whether
  541  fixed or movable; swinging or sliding glass doors attached to
  542  existing walls, floors, columns, or other structural members of
  543  the building; glass holding or supporting mullions or horizontal
  544  bars; structurally anchored impact-resistant opening protection
  545  attached to existing building walls, floors, columns, or other
  546  structural members of the building; prefabricated glass, metal,
  547  or plastic curtain walls; storefront frames or panels; shower
  548  and tub enclosures; metal fascias; and caulking incidental to
  549  such work and assembly.
  550         (r)(q) “Specialty contractor” means a contractor whose
  551  scope of work and responsibility is limited to a particular
  552  phase of construction established in a category adopted by board
  553  rule and whose scope is limited to a subset of the activities
  554  described in one of the paragraphs of this subsection.
  555         Section 13. Paragraphs (b) and (c) of subsection (4) of
  556  section 489.107, Florida Statutes, are amended to read:
  557         489.107 Construction Industry Licensing Board.—
  558         (4) The board shall be divided into two divisions, Division
  559  I and Division II.
  560         (b) Division II is comprised of the roofing contractor,
  561  sheet metal contractor, air-conditioning contractor, mechanical
  562  contractor, pool contractor, plumbing contractor, and
  563  underground utility and excavation contractor members of the
  564  board; one of the members appointed pursuant to paragraph
  565  (2)(j); and one of the members appointed pursuant to paragraph
  566  (2)(k). Division II has jurisdiction over the regulation of
  567  contractors defined in s. 489.105(3)(d)-(q) 489.105(3)(d)-(p).
  568         (c) Jurisdiction for the regulation of specialty
  569  contractors defined in s. 489.105(3)(r) 489.105(3)(q) shall lie
  570  with the division having jurisdiction over the scope of work of
  571  the specialty contractor as defined by board rule.
  572         Section 14. Paragraph (g) of subsection (2) of section
  573  489.141, Florida Statutes, is amended to read:
  574         489.141 Conditions for recovery; eligibility.—
  575         (2) A claimant is not qualified to make a claim for
  576  recovery from the recovery fund, if:
  577         (g) The claimant has contracted with a licensee to perform
  578  a scope of work described in s. 489.105(3)(d)-(r) 489.105(3)(d)
  579  (q).
  580         Section 15. Subsection (1) of section 514.028, Florida
  581  Statutes, is amended to read:
  582         514.028 Advisory review board.—
  583         (1) The Governor shall appoint an advisory review board
  584  which shall meet as necessary or at least quarterly, to
  585  recommend agency action on variance request, rule and policy
  586  development, and other technical review problems. The board
  587  shall be comprised of the following:
  588         (a) A representative from the office of licensure and
  589  certification of the department.
  590         (b) A representative from the county health departments.
  591         (c) Three representatives from the swimming pool
  592  construction industry.
  593         (d) A representative Two representatives from the public
  594  lodging industry.
  595         (e) A representative from a county or local building
  596  department.
  597         Section 16. Subsection (3) of section 527.06, Florida
  598  Statutes, is amended to read:
  599         527.06 Rules.—
  600         (3)(a) Rules in substantial conformity with the published
  601  standards of the National Fire Protection Association (NFPA) are
  602  shall be deemed to be in substantial conformity with the
  603  generally accepted standards of safety concerning the same
  604  subject matter.
  605         (b) Notwithstanding any other law, the department or other
  606  state agency may not require compliance with the minimum
  607  separation distances of NFPA 58 for separation between a
  608  liquefied petroleum gas tank and a building, adjoining property
  609  line, other liquefied petroleum gas tank, or any source of
  610  ignition, except in compliance with the minimum separation
  611  distances of the 2011 edition of NFPA 58. This subsection shall
  612  be deemed repealed upon the last effective date of rules
  613  adopted, directly or as incorporated by reference, by the
  614  department, the Florida Building Commission as part of the
  615  Florida Building Code, and the Office of State Fire Marshal as
  616  part of the Florida Fire Prevention Code of these minimum
  617  separation distances as contained in the 2011 edition of NFPA 58
  618  promulgated by the National Fire Protection Association.
  619         Section 17. Subsection (11) of section 527.21, Florida
  620  Statutes, is amended to read:
  621         527.21 Definitions relating to Florida Propane Gas
  622  Education, Safety, and Research Act.—As used in ss. 527.20
  623  527.23, the term:
  624         (11) “Propane” includes propane, butane, mixtures, and
  625  liquefied petroleum gas as defined by the National Fire
  626  Protection Association (NFPA) Standard 58, For The Storage and
  627  Handling of Liquefied Petroleum Gas Code Gases.
  628         Section 18. Subsection (15) of section 553.73, Florida
  629  Statutes, is amended to read:
  630         553.73 Florida Building Code.—
  631         (15) An agency or local government may not require that
  632  existing mechanical equipment on the surface of a roof be
  633  installed in compliance with the requirements of the Florida
  634  Building Code until the equipment is required to be removed or
  635  replaced, or the roof is replaced or recovered.
  636         Section 19. Paragraph (v) of subsection (1) of section
  637  553.74, Florida Statutes, is amended to read:
  638         553.74 Florida Building Commission.—
  639         (1) The Florida Building Commission is created and shall be
  640  located within the Department of Community Affairs for
  641  administrative purposes. Members shall be appointed by the
  642  Governor subject to confirmation by the Senate. The commission
  643  shall be composed of 25 members, consisting of the following:
  644         (v) One member who is a representative of the green
  645  building industry and who is a third-party commission agent, a
  646  Florida board member of the United States Green Building Council
  647  or Green Building Initiative, a professional who is accredited
  648  under the International Green Construction Code (IGCC), or a
  649  professional who is accredited under Leadership in Energy and
  650  Environmental Design (LEED) LEED-accredited professional.
  651  
  652  Any person serving on the commission under paragraph (c) or
  653  paragraph (h) on October 1, 2003, and who has served less than
  654  two full terms is eligible for reappointment to the commission
  655  regardless of whether he or she meets the new qualification.
  656         Section 20. Subsection (5) of section 553.842, Florida
  657  Statutes, is amended to read:
  658         553.842 Product evaluation and approval.—
  659         (5) Statewide approval of products, methods, or systems of
  660  construction may be achieved by one of the following methods.
  661  One of these methods must be used by the commission to approve
  662  the following categories of products: panel walls, exterior
  663  doors, roofing, skylights, windows, shutters, and structural
  664  components as established by the commission by rule. Products
  665  advertised, sold, offered, provided, distributed, or marketed as
  666  hurricane, windstorm, or impact protection from wind-borne
  667  debris during a hurricane or windstorm must be approved in
  668  accordance with s. 553.842 or s. 553.8425.
  669         (a) Products for which the code establishes standardized
  670  testing or comparative or rational analysis methods shall be
  671  approved by submittal and validation of one of the following
  672  reports or listings indicating that the product or method or
  673  system of construction was evaluated to be in compliance with
  674  the Florida Building Code and that the product or method or
  675  system of construction is, for the purpose intended, at least
  676  equivalent to that required by the Florida Building Code:
  677         1. A certification mark or listing of an approved
  678  certification agency, which may be used only for products for
  679  which the code designates standardized testing;
  680         2. A test report from an approved testing laboratory;
  681         3. A product evaluation report based upon testing or
  682  comparative or rational analysis, or a combination thereof, from
  683  an approved product evaluation entity; or
  684         4. A product evaluation report based upon testing or
  685  comparative or rational analysis, or a combination thereof,
  686  developed and signed and sealed by a professional engineer or
  687  architect, licensed in this state.
  688  
  689  A product evaluation report or a certification mark or listing
  690  of an approved certification agency which demonstrates that the
  691  product or method or system of construction complies with the
  692  Florida Building Code for the purpose intended is shall be
  693  equivalent to a test report and test procedure as referenced in
  694  the Florida Building Code. An application for state approval of
  695  a product under subparagraph 1. must be approved by the
  696  department after the commission staff or a designee verifies
  697  that the application and related documentation are complete.
  698  This verification must be completed within 10 business days
  699  after receipt of the application. Upon approval by the
  700  department, the product shall be immediately added to the list
  701  of state-approved products maintained under subsection (13).
  702  Approvals by the department shall be reviewed and ratified by
  703  the commission’s program oversight committee except for a
  704  showing of good cause that a review by the full commission is
  705  necessary. The commission shall adopt rules providing means to
  706  cure deficiencies identified within submittals for products
  707  approved under this paragraph.
  708         (b) Products, methods, or systems of construction for which
  709  there are no specific standardized testing or comparative or
  710  rational analysis methods established in the code may be
  711  approved by submittal and validation of one of the following:
  712         1. A product evaluation report based upon testing or
  713  comparative or rational analysis, or a combination thereof, from
  714  an approved product evaluation entity indicating that the
  715  product or method or system of construction was evaluated to be
  716  in compliance with the intent of the Florida Building Code and
  717  that the product or method or system of construction is, for the
  718  purpose intended, at least equivalent to that required by the
  719  Florida Building Code; or
  720         2. A product evaluation report based upon testing or
  721  comparative or rational analysis, or a combination thereof,
  722  developed and signed and sealed by a professional engineer or
  723  architect, licensed in this state, who certifies that the
  724  product or method or system of construction is, for the purpose
  725  intended, at least equivalent to that required by the Florida
  726  Building Code.
  727         Section 21. Subsections (3), (4), and (5) of section
  728  553.909, Florida Statutes, are amended to read:
  729         553.909 Setting requirements for appliances; exceptions.—
  730         (3) Commercial or residential swimming pool pumps or water
  731  heaters manufactured on or after July 1, 2011, for installation
  732  in this state must shall comply with the requirements of the
  733  Florida Energy Efficiency Code for Building Construction this
  734  subsection.
  735         (a) Natural gas pool heaters shall not be equipped with
  736  constantly burning pilots.
  737         (b) Heat pump pool heaters shall have a coefficient of
  738  performance at low temperature of not less than 4.0.
  739         (c) The thermal efficiency of gas-fired pool heaters and
  740  oil-fired pool heaters shall not be less than 78 percent.
  741         (d) All pool heaters shall have a readily accessible on-off
  742  switch that is mounted outside the heater and that allows
  743  shutting off the heater without adjusting the thermostat
  744  setting.
  745         (4)(a) Residential swimming pool filtration pumps and pump
  746  motors manufactured and sold on or after July 1, 2011, for
  747  installation in this state must comply with the requirements of
  748  the Florida Energy Efficiency Code for Building Construction in
  749  this subsection.
  750         (b) Residential filtration pool pump motors shall not be
  751  split-phase, shaded-pole, or capacitor start-induction run
  752  types.
  753         (c) Residential filtration pool pumps and pool pump motors
  754  with a total horsepower of 1 HP or more shall have the
  755  capability of operating at two or more speeds with a low speed
  756  having a rotation rate that is no more than one-half of the
  757  motor’s maximum rotation rate.
  758         (d) Residential filtration pool pump motor controls shall
  759  have the capability of operating the pool pump at a minimum of
  760  two speeds. The default circulation speed shall be the
  761  residential filtration speed, with a higher speed override
  762  capability being for a temporary period not to exceed one normal
  763  cycle or 24 hours, whichever is less; except that circulation
  764  speed for solar pool heating systems shall be permitted to run
  765  at higher speeds during periods of usable solar heat gain.
  766         (5) Portable electric spas manufactured and sold on or
  767  after July 1, 2011, for installation in this state must comply
  768  with the requirements of the Florida Energy Efficiency Code for
  769  Building Construction spa standby power shall not be greater
  770  than 5(V2/3) watts where V = the total volume, in gallons, when
  771  spas are measured in accordance with the spa industry test
  772  protocol.
  773         Section 22. Paragraph (a) of subsection (2) of section
  774  627.711, Florida Statutes, is amended to read:
  775         627.711 Notice of premium discounts for hurricane loss
  776  mitigation; uniform mitigation verification inspection form.—
  777         (2)(a) The Financial Services Commission shall develop by
  778  rule a uniform mitigation verification inspection form that
  779  shall be used by all insurers when submitted by policyholders
  780  for the purpose of factoring discounts for wind insurance. In
  781  developing the form, the commission shall seek input from
  782  insurance, construction, and building code representatives.
  783  Further, the commission shall provide guidance as to the length
  784  of time the inspection results are valid. An insurer shall
  785  accept as valid a uniform mitigation verification form signed by
  786  the following authorized mitigation inspectors:
  787         1. A home inspector licensed under s. 468.8314 who has
  788  completed at least 3 hours of hurricane mitigation training
  789  approved by the Construction Industry Licensing Board which
  790  includes hurricane mitigation techniques and compliance with the
  791  uniform mitigation verification form and completion of a
  792  proficiency exam. Thereafter, home inspectors licensed under s.
  793  468.8314 must complete at least 2 hours of continuing education,
  794  as part of the existing licensure renewal requirements each
  795  year, related to mitigation inspection and the uniform
  796  mitigation form;
  797         2. A building code inspector certified under s. 468.607;
  798         3. A general, building, or residential contractor licensed
  799  under s. 489.111;
  800         4. A professional engineer licensed under s. 471.015;
  801         5. A professional architect licensed under s. 481.213; or
  802         6. Any other individual or entity recognized by the insurer
  803  as possessing the necessary qualifications to properly complete
  804  a uniform mitigation verification form.
  805  Section 23. This act shall take effect July 1, 2011.
  806  
  807  ================= T I T L E  A M E N D M E N T ================
  808         And the title is amended as follows:
  809         Delete everything before the enacting clause
  810  and insert:
  811                        A bill to be entitled                      
  812         An act relating to building construction and
  813         inspection; amending s. 120.80, F.S.; exempting
  814         certain rule proceedings relating to the Florida
  815         Building Code from certain provisions of ch. 120,
  816         F.S.; amending s. 255.252, F.S.; conforming provisions
  817         to changes made by the act; amending s. 255.253, F.S.;
  818         redefining the term “sustainable building rating” to
  819         include the International Green Construction Code;
  820         amending ss. 255.257 and 255.2575, F.S.; requiring
  821         that state agencies, local governments, and the court
  822         system adopt a sustainable building rating system for
  823         new and renovated buildings; amending s. 468.8316,
  824         F.S.; revising the continuing education requirements
  825         for licensed home inspectors; amending s. 468.8319,
  826         F.S.; deleting an exemption for certain contractors
  827         from the prohibition against performing repairs on a
  828         home that has a home inspection report; deleting an
  829         obsolete provision; amending s. 468.8323, F.S.;
  830         clarifying a provision relating to the contents of a
  831         home inspection report; amending s. 468.8324, F.S.;
  832         providing alternative criteria for obtaining a home
  833         inspector’s license; amending s. 481.329, F.S.;
  834         providing that nothing in part II of chapter 481 shall
  835         preclude any person engaging in the business of
  836         landscape design from submitting such plans to
  837         government agencies for approval; amending s. 489.103,
  838         F.S.; clarifying an exemption from construction
  839         contracting regulation relating to Habitat for
  840         Humanity; amending s. 489.105, F.S.; adding the term
  841         “glass and glazing contractors” to the definition of
  842         the term “contractor”; amending ss. 489.107 and
  843         489.141, F.S.; conforming cross-references; amending
  844         s. 514.028, F.S.; revising the composition of the
  845         advisory review board relating to public swimming
  846         pools and bathing facilities; amending s. 527.06,
  847         F.S.; prohibiting the Department of Agriculture and
  848         Consumer Services and other state agencies from
  849         requiring compliance with certain national standards
  850         for liquefied petroleum gas tanks unless the
  851         department or agencies require compliance with a
  852         specified edition of the national standards; providing
  853         for repeal under certain circumstances; amending s.
  854         527.21, F.S.; revising the term “propane” for purposes
  855         of the Florida Propane Gas Education, Safety, and
  856         Research Act, to incorporate changes to certain
  857         national standards in a reference thereto; amending s.
  858         553.73, F.S.; revising requirements relating to the
  859         installation of mechanical equipment on a roof;
  860         amending s. 553.74, F.S.; revising requirements for
  861         selecting a member of the Florida Building Commission;
  862         amending s. 553.842, F.S.; providing for the approval
  863         of certain windstorm products; amending s. 553.909,
  864         F.S.; revising the requirements for certain pool
  865         related equipment; amending s. 627.711, F.S.; revising
  866         requirements relating to home inspectors conducting
  867         hurricane mitigation inspections; providing an
  868         effective date.