CS/CS/CS/HB 849

1	A bill to be entitled
2	An act relating to building construction and inspection;
3	amending s. 120.541, F.S.; exempting rules that adopt
4	federal standards and certain updates of or amendments to
5	the Florida Building Code or Florida Fire Prevention Code
6	from a requirement that the Legislature ratify any rule
7	that has an adverse impact or regulatory costs which
8	exceed certain criteria; deleting an exemption for
9	emergency rules and rules that adopt federal standards
10	from a requirement that an agency's statement of a rule's
11	estimated regulatory costs include an economic analysis of
12	the rule's adverse impacts and regulatory costs; amending
13	s. 161.053, F.S.; prohibiting the Florida Building
14	Commission from adopting rules that limit any exceptions
15	or exemptions provided for modifications or repairs of
16	existing structures within the limits of an existing
17	foundation under certain circumstances; amending s.
18	162.12, F.S.; authorizing notices relating to a code
19	violation to be sent by certified mail to the property
20	owner at an address provided to the local government for
21	the purposes of receiving notices or to the registered
22	agent of a corporation for property owned by a
23	corporation; deleting a requirement for such notices to be
24	sent by first-class mail; amending s. 255.252, F.S.;
25	conforming provisions to changes made by the act; amending
26	s. 255.253, F.S.; redefining the term "sustainable
27	building rating" to include a national model green
28	building code; amending ss. 255.257 and 255.2575, F.S.;
29	requiring that state agencies, local governments, and the
30	court system adopt a sustainable building rating system or
31	use a national model green building code for new and
32	renovated buildings; amending s. 468.8316, F.S.; revising
33	the continuing education requirements for licensed home
34	inspectors; amending s. 468.8319, F.S.; deleting an
35	exemption for certain contractors from the prohibition
36	against performing repairs on a home that has a home
37	inspection report; deleting an obsolete provision;
38	amending s. 468.8323, F.S.; clarifying a provision
39	relating to the contents of a home inspection report;
40	amending s. 468.8324, F.S.; providing alternative criteria
41	for obtaining a home inspector's license; removing certain
42	application requirements for a person who performs home
43	inspection services and who qualifies for licensure on or
44	before a specified date; amending s. 468.841, F.S.; adding
45	licensed home inspectors to those who are exempt from
46	complying with provisions related to mold assessment;
47	amending s. 481.329, F.S.; providing that part II of ch.
48	481, F.S., does not preclude any person who engages in the
49	business of landscape design from submitting such plans to
50	governmental agencies for approval; amending s. 489.103,
51	F.S.; clarifying an exemption from construction
52	contracting regulation relating to Habitat for Humanity;
53	amending s. 489.105, F.S.; adding the term "glass and
54	glazing contractors" to the definition of the term
55	"contractor"; amending ss. 489.107 and 489.141, F.S.;
56	conforming cross-references; amending s. 514.028, F.S.;
57	revising the composition of the advisory review board
58	relating to public swimming pools and bathing facilities;
59	creating s. 514.0315, F.S.; requiring public swimming
60	pools and spas to be equipped with certain safety
61	features; amending s. 527.06, F.S.; prohibiting the
62	Department of Agriculture and Consumer Services and other
63	state agencies from requiring compliance with certain
64	national standards for liquefied petroleum gas tanks
65	unless the department or agencies require compliance with
66	a specified edition of the national standards; providing
67	for repeal under certain circumstances; amending s.
68	527.21, F.S.; revising the term "propane" for purposes of
69	the Florida Propane Gas Education, Safety, and Research
70	Act, to incorporate changes to certain national standards
71	in a reference thereto; amending s. 553.502, F.S.;
72	revising intent with respect to the Florida Americans with
73	Disabilities Act; amending s. 553.503, F.S.; incorporating
74	the Americans with Disabilities Act Standards for
75	Accessible Design into state law by reference and
76	directing that they be adopted by rule into the Florida
77	Accessibility Code for Building Construction; amending s.
78	553.504, F.S.; revising exceptions to incorporate the
79	standards; amending s. 553.5041, F.S.; revising provisions
80	relating to parking spaces for persons who have
81	disabilities to incorporate the standards; amending ss.
82	553.505 and 553.506, F.S.; conforming provisions to
83	changes made by the act; amending s. 553.507, F.S.;
84	providing for the applicability of the act; amending s.
85	553.509, F.S.; revising provisions relating to vertical
86	accessibility to incorporate the standards; providing that
87	buildings and facilities in this state do not have to
88	comply with the changes provided by this act until the
89	Florida Accessibility Code for Building Construction is
90	updated; amending s. 553.73, F.S.; revising requirements
91	relating to the Florida Building Code; specifying national
92	codes to form the foundation for state building standards
93	and codes; revising provisions for the amendment or
94	modification of the foundation code; revising the criteria
95	for approval by the Florida Building Commission of
96	technical amendments to the code; exempting certain
97	storage sheds from door height and width requirements;
98	amending s. 553.74, F.S.; revising requirements for
99	selecting a member of the Florida Building Commission;
100	amending s. 553.842, F.S.; providing for the approval of
101	certain windstorm products; providing a cause of action
102	against any person who advertises, sells, offers,
103	provides, distributes, or markets certain products without
104	approval; repealing s. 553.9061, F.S., relating to
105	requirements for scheduled increases in the energy
106	performance of buildings subject to the Florida Energy
107	Efficiency Code for Building Construction; amending s.
108	553.909, F.S.; revising the requirements and effective
109	dates for certain pool-related equipment; amending s.
110	627.711, F.S.; revising requirements relating to home
111	inspectors conducting hurricane mitigation inspections;
112	providing effective dates.
113
114	Be It Enacted by the Legislature of the State of Florida:
115
116	Section 1.  Subsection (4) of section 120.541, Florida
117	Statutes, as amended by chapter 2010-279, Laws of Florida, is
118	amended to read:
119	120.541  Statement of estimated regulatory costs.-
120	(3)  If the adverse impact or regulatory costs of the rule
121	exceed any of the criteria established in paragraph (2)(a), the
122	rule shall be submitted to the President of the Senate and
123	Speaker of the House of Representatives no later than 30 days
124	prior to the next regular legislative session, and the rule may
125	not take effect until it is ratified by the Legislature.
126	(4)  Subsection (3) Paragraph (2)(a) does not apply to the
127	adoption of:
128	(a)  emergency rules pursuant to s. 120.54(4) or the
129	adoption of Federal standards pursuant to s. 120.54(6).
130	(b)  Triennial updates of and amendments to the Florida
131	Building Code which are expressly authorized by s. 553.73.
132	(c)  Triennial updates of and amendments to the Florida
133	Fire Prevention Code which are expressly authorized by s.
134	633.0215.
135	Section 2.  Paragraph (a) of subsection (11) of section
136	161.053, Florida Statutes, is amended to read:
137	161.053  Coastal construction and excavation; regulation on
138	county basis.-
139	(11)(a)  The coastal construction control requirements
140	defined in subsection (1) and the requirements of the erosion
141	projections in subsection (5) do not apply to any modification,
142	maintenance, or repair of any existing structure within the
143	limits of the existing foundation which does not require,
144	involve, or include any additions to, or repair or modification
145	of, the existing foundation of that structure. Specifically
146	excluded from this exemption are seawalls or other rigid coastal
147	or shore protection structures and any additions or enclosures
148	added, constructed, or installed below the first dwelling floor
149	or lowest deck of the existing structure. The Florida Building
150	Commission may not adopt any rule having the effect of limiting
151	any exceptions or exemptions contained within this paragraph.
152	Section 3.  Section 162.12, Florida Statutes, is amended to
153	read:
154	162.12  Notices.-
155	(1)  All notices required by this part shall be provided to
156	the alleged violator by:
157	(a)  Certified mail, return receipt requested to, provided
158	if such notice is sent under this paragraph to the owner of the
159	property in question at the address listed in the tax
160	collector's office for tax notices or to, and at any other
161	address provided by the property owner in writing to the local
162	government for the purposes of receiving notices. For property
163	owned by a corporation, notices may be provided by certified
164	mail, return receipt requested, to the registered agent of the
165	corporation. If any notice sent by certified mail by such owner
166	and is not signed as received within 30 days after the date of
167	mailing returned as unclaimed or refused, notice may be provided
168	by posting as described in subparagraphs (2)(b)1. and 2. and by
169	first class mail directed to the addresses furnished to the
170	local government with a properly executed proof of mailing or
171	affidavit confirming the first class mailing;
172	(b)  Hand delivery by the sheriff or other law enforcement
173	officer, code inspector, or other person designated by the local
174	governing body;
175	(c)  Leaving the notice at the violator's usual place of
176	residence with any person residing therein who is above 15 years
177	of age and informing such person of the contents of the notice;
178	or
179	(d)  In the case of commercial premises, leaving the notice
180	with the manager or other person in charge.
181	(2)  In addition to providing notice as set forth in
182	subsection (1), at the option of the code enforcement board,
183	notice may also be served by publication or posting, as follows:
184	(a)1.  Such notice shall be published once during each week
185	for 4 consecutive weeks (four publications being sufficient) in
186	a newspaper of general circulation in the county where the code
187	enforcement board is located. The newspaper shall meet such
188	requirements as are prescribed under chapter 50 for legal and
189	official advertisements.
190	2.  Proof of publication shall be made as provided in ss.
191	50.041 and 50.051.
192	(b)1.  In lieu of publication as described in paragraph
193	(a), such notice may be posted at least 10 days prior to the
194	hearing, or prior to the expiration of any deadline contained in
195	the notice, in at least two locations, one of which shall be the
196	property upon which the violation is alleged to exist and the
197	other of which shall be, in the case of municipalities, at the
198	primary municipal government office, and in the case of
199	counties, at the front door of the courthouse or the main county
200	governmental center in said county.
201	2.  Proof of posting shall be by affidavit of the person
202	posting the notice, which affidavit shall include a copy of the
203	notice posted and the date and places of its posting.
204	(c)  Notice by publication or posting may run concurrently
205	with, or may follow, an attempt or attempts to provide notice by
206	hand delivery or by mail as required under subsection (1).
207	Evidence that an attempt has been made to hand deliver or mail
208	notice as provided in subsection (1), together with proof of
209	publication or posting as provided in subsection (2), is shall
210	be sufficient to show that the notice requirements of this part
211	have been met, without regard to whether or not the alleged
212	violator actually received such notice.
213	Section 4.  Subsections (3) and (4) of section 255.252,
214	Florida Statutes, are amended to read:
215	255.252  Findings and intent.-
216	(3)  In order for that such energy-efficiency and
217	sustainable materials considerations to become a function of
218	building design and a model for future application in the
219	private sector, it is shall be the policy of the state that
220	buildings constructed and financed by the state be designed and
221	constructed to comply with a sustainable building rating or a
222	national model green building code the United States Green
223	Building Council (USGBC) Leadership in Energy and Environmental
224	Design (LEED) rating system, the Green Building Initiative's
225	Green Globes rating system, the Florida Green Building Coalition
226	standards, or a nationally recognized, high-performance green
227	building rating system as approved by the department. It is
228	further the policy of the state, if when economically feasible,
229	to retrofit existing state-owned buildings in a manner that
230	minimizes which will minimize the consumption of energy used in
231	the operation and maintenance of such buildings.
232	(4)  In addition to designing and constructing new
233	buildings to be energy-efficient, it is shall be the policy of
234	the state to operate and maintain state facilities in a manner
235	that minimizes which will minimize energy consumption and
236	maximizes maximize building sustainability, and to operate as
237	well as ensure that facilities leased by the state are operated
238	so as to minimize energy use. It is further the policy of the
239	state that the renovation of existing state facilities be in
240	accordance with a sustainable building rating or a national
241	model green building code the United States Green Building
242	Council (USGBC) Leadership in Energy and Environmental Design
243	(LEED) rating system, the Green Building Initiative's Green
244	Globes rating system, the Florida Green Building Coalition
245	standards, or a nationally recognized, high-performance green
246	building rating system as approved by the department. State
247	agencies are encouraged to consider shared savings financing of
248	such energy-efficiency and conservation projects, using
249	contracts that which split the resulting savings for a specified
250	period of time between the state agency and the private firm or
251	cogeneration contracts and that which otherwise permit the state
252	to lower its net energy costs. Such energy contracts may be
253	funded from the operating budget.
254	Section 5.  Subsection (7) of section 255.253, Florida
255	Statutes, is amended to read:
256	255.253  Definitions; ss. 255.251-255.258.-
257	(7)  "Sustainable building rating or national model green
258	building code" rating" means a rating system established by the
259	United States Green Building Council (USGBC) Leadership in
260	Energy and Environmental Design (LEED) rating system, the
261	International Green Construction Code (IGCC), the Green Building
262	Initiative's Green Globes rating system, the Florida Green
263	Building Coalition standards, or a nationally recognized, high-
264	performance green building rating system as approved by the
265	department.
266	Section 6.  Subsection (4) of section 255.257, Florida
267	Statutes, is amended to read:
268	255.257  Energy management; buildings occupied by state
269	agencies.-
270	(4)  ADOPTION OF STANDARDS.-
271	(a)  All state agencies shall adopt a sustainable building
272	rating system or use a national model green building code the
273	United States Green Building Council (USGBC) Leadership in
274	Energy and Environmental Design (LEED) rating system, the Green
275	Building Initiative's Green Globes rating system, the Florida
276	Green Building Coalition standards, or a nationally recognized,
277	high-performance green building rating system as approved by the
278	department for all new buildings and renovations to existing
279	buildings.
280	(b)  No state agency shall enter into new leasing
281	agreements for office space that does not meet Energy Star
282	building standards, except when determined by the appropriate
283	state agency head determines that no other viable or cost-
284	effective alternative exists.
285	(c)  All state agencies shall develop energy conservation
286	measures and guidelines for new and existing office space where
287	state agencies occupy more than 5,000 square feet. These
288	conservation measures shall focus on programs that may reduce
289	energy consumption and, when established, provide a net
290	reduction in occupancy costs.
291	Section 7.  Subsection (2) of section 255.2575, Florida
292	Statutes, is amended to read:
293	255.2575  Energy-efficient and sustainable buildings.-
294	(2)  All county, municipal, school district, water
295	management district, state university, community college, and
296	Florida state court buildings shall be constructed to comply
297	with a sustainable building rating system or a national model
298	green building code meet the United States Green Building
299	Council (USGBC) Leadership in Energy and Environmental Design
300	(LEED) rating system, the Green Building Initiative's Green
301	Globes rating system, the Florida Green Building Coalition
302	standards, or a nationally recognized, high-performance green
303	building rating system as approved by the Department of
304	Management Services. This section applies shall apply to all
305	county, municipal, school district, water management district,
306	state university, community college, and Florida state court
307	buildings the architectural plans of which are commenced after
308	July 1, 2008.
309	Section 8.  Subsection (1) of section 468.8316, Florida
310	Statutes, is amended to read:
311	468.8316  Continuing education.-
312	(1)  The department may not renew a license until the
313	licensee submits proof satisfactory to the department that
314	during the 2 years before prior to his or her application for
315	renewal the licensee has completed at least 14 hours of
316	continuing education. Of the 14 hours, at least 2 hours must be
317	in hurricane mitigation training that includes hurricane
318	mitigation techniques and compliance with the uniform mitigation
319	verification inspection form developed under s. 627.711(2). The
320	department shall adopt rules establishing criteria for approving
321	continuing education providers and courses course content shall
322	be approved by the department by rule.
323	Section 9.  Paragraph (f) of subsection (1) and subsection
324	(3) of section 468.8319, Florida Statutes, are amended to read:
325	468.8319  Prohibitions; penalties.-
326	(1)  A person may not:
327	(f)  Perform or offer to perform any repairs to a home on
328	which the inspector or the inspector's company has prepared a
329	home inspection report. This paragraph does not apply to:
330	1.  a home warranty company that is affiliated with or
331	retains a home inspector to perform repairs pursuant to a claim
332	made under a home warranty contract.
333	2.  A certified contractor who is classified in s.
334	489.105(3) as a Division I contractor. However, the department
335	may adopt rules requiring that, if such contractor performs the
336	home inspection and offers to perform the repairs, the contract
337	for repairs provided to the homeowner discloses that he or she
338	has the right to request competitive bids.
339	(3)  This section does not apply to unlicensed activity as
340	described in paragraph (1)(a), paragraph(1)(b), or s. 455.228
341	that occurs before July 1, 2011.
342	Section 10.  Paragraph (b) of subsection (1) of section
343	468.8323, Florida Statutes, is amended to read:
344	468.8323  Home inspection report.-Upon completion of each
345	home inspection for compensation, the home inspector shall
346	provide a written report prepared for the client.
347	(1)  The home inspector shall report:
348	(b)  If not self-evident, a reason why the system or
349	component reported under paragraph (a) is significantly
350	deficient or near the end of its service life.
351	Section 11.  Subsections (3) and (4) of section 468.8324,
352	Florida Statutes, are renumbered as subsections (2) and (3),
353	respectively, and present subsections (1) and (2) of that
354	section are amended to read:
355	468.8324  Grandfather clause.-
356	(1)  A person who performs home inspection services may
357	qualify for licensure as a home inspector under this part if the
358	person submits an application to the department postmarked on or
359	before July 1, 2012, which shows that the applicant:
360	(a)  Possesses certification as a one and two family
361	dwelling inspector issued by the International Code Council or
362	the Southern Building Code Congress International;
363	(b)  Has been certified as a one and two family dwelling
364	inspector by the Florida Building Code Administrators and
365	Inspectors Board under part XII of this chapter; or
366	(c)  Possesses a Division I contractor license under part I
367	of chapter 489.
368	(1)  A person who performs home inspection services as
369	defined in this part may qualify for licensure by the department
370	as a home inspector if the person submits an application to the
371	department postmarked on or before March 1, 2011, which shows
372	that the applicant:
373	(a)  Is certified as a home inspector by a state or
374	national association that requires, for such certification,
375	successful completion of a proctored examination on home
376	inspection services and completes at least 14 hours of
377	verifiable education on such services; or
378	(b)  Has at least 3 years of experience as a home inspector
379	at the time of application and has completed 14 hours of
380	verifiable education on home inspection services. To establish
381	the 3 years of experience, an applicant must submit at least 120
382	home inspection reports prepared by the applicant.
383	(2)  The department may investigate the validity of a home
384	inspection report submitted under paragraph (1)(b) and, if the
385	applicant submits a false report, may take disciplinary action
386	against the applicant under s. 468.832(1)(e) or (g).
387	Section 12.  Paragraph (d) of subsection (1) of section
388	468.841, Florida Statutes, is amended to read:
389	468.841  Exemptions.-
390	(1)  The following persons are not required to comply with
391	any provisions of this part relating to mold assessment:
392	(d)  Persons or business organizations acting within the
393	scope of the respective licenses required under part XV of
394	chapter 468, chapter 471, part I of chapter 481, chapter 482,
395	chapter 489, or part XV of this chapter, are acting on behalf of
396	an insurer under part VI of chapter 626, or are persons in the
397	manufactured housing industry who are licensed under chapter
398	320, except when any such persons or business organizations hold
399	themselves out for hire to the public as a "certified mold
400	assessor," "registered mold assessor," "licensed mold assessor,"
401	"mold assessor," "professional mold assessor," or any
402	combination thereof stating or implying licensure under this
403	part.
404	Section 13.  Subsection (5) of section 481.329, Florida
405	Statutes, is amended to read:
406	481.329  Exceptions; exemptions from licensure.-
407	(5)  Nothing in this part prohibits any person from
408	engaging in the practice of landscape design, as defined in s.
409	481.303(7), nor submitting such plans to governmental agencies
410	for approval. Persons providing landscape design services shall
411	not use the title, term, or designation "landscape architect,"
412	"landscape architectural," "landscape architecture," "L.A.,"
413	"landscape engineering," or any description tending to convey
414	the impression that she or he is a landscape architect unless
415	she or he is registered as provided in this part.
416	Section 14.  Subsection (18) of section 489.103, Florida
417	Statutes, is amended to read:
418	489.103  Exemptions.-This part does not apply to:
419	(18)  Any one-family, two-family, or three-family residence
420	constructed or rehabilitated by Habitat for Humanity
421	International, Inc., or its local affiliates. Habitat for
422	Humanity International, Inc., or its local affiliates, must:
423	(a)  Obtain all necessary building permits.
424	(b)  Obtain all required building code inspections.
425	(c)  Provide for supervision of all work by an individual
426	with construction experience.
427	Section 15.  Subsection (3) of section 489.105, Florida
428	Statutes, is amended to read
429	489.105  Definitions.-As used in this part:
430	(3)  "Contractor" means the person who is qualified for,
431	and is shall only be responsible for, the project contracted for
432	and means, except as exempted in this part, the person who, for
433	compensation, undertakes to, submits a bid to, or does himself
434	or herself or by others construct, repair, alter, remodel, add
435	to, demolish, subtract from, or improve any building or
436	structure, including related improvements to real estate, for
437	others or for resale to others; and whose job scope is
438	substantially similar to the job scope described in one of the
439	subsequent paragraphs of this subsection. For the purposes of
440	regulation under this part, "demolish" applies only to
441	demolition of steel tanks over 50 feet in height; towers over 50
442	feet in height; other structures over 50 feet in height, other
443	than buildings or residences over three stories tall; and
444	buildings or residences over three stories tall. Contractors are
445	subdivided into two divisions, Division I, consisting of those
446	contractors defined in paragraphs (a)-(c), and Division II,
447	consisting of those contractors defined in paragraphs (d)-(r)
448	(d)-(q):
449	(a)  "General contractor" means a contractor whose services
450	are unlimited as to the type of work which he or she may do, who
451	may contract for any activity requiring licensure under this
452	part, and who may perform any work requiring licensure under
453	this part, except as otherwise expressly provided in s. 489.113.
454	(b)  "Building contractor" means a contractor whose
455	services are limited to construction of commercial buildings and
456	single-dwelling or multiple-dwelling residential buildings,
457	which commercial or residential buildings do not exceed three
458	stories in height, and accessory use structures in connection
459	therewith or a contractor whose services are limited to
460	remodeling, repair, or improvement of any size building if the
461	services do not affect the structural members of the building.
462	(c)  "Residential contractor" means a contractor whose
463	services are limited to construction, remodeling, repair, or
464	improvement of one-family, two-family, or three-family
465	residences not exceeding two habitable stories above no more
466	than one uninhabitable story and accessory use structures in
467	connection therewith.
468	(d)  "Sheet metal contractor" means a contractor whose
469	services are unlimited in the sheet metal trade and who has the
470	experience, knowledge, and skill necessary for the manufacture,
471	fabrication, assembling, handling, erection, installation,
472	dismantling, conditioning, adjustment, insulation, alteration,
473	repair, servicing, or design, if when not prohibited by law, of
474	ferrous or nonferrous metal work of U.S. No. 10 gauge or its
475	equivalent or lighter gauge and of other materials, including,
476	but not limited to, fiberglass, used in lieu thereof and of air-
477	handling systems, including the setting of air-handling
478	equipment and reinforcement of same, the balancing of air-
479	handling systems, and any duct cleaning and equipment sanitizing
480	that which requires at least a partial disassembling of the
481	system.
482	(e)  "Roofing contractor" means a contractor whose services
483	are unlimited in the roofing trade and who has the experience,
484	knowledge, and skill to install, maintain, repair, alter,
485	extend, or design, if when not prohibited by law, and use
486	materials and items used in the installation, maintenance,
487	extension, and alteration of all kinds of roofing,
488	waterproofing, and coating, except when coating is not
489	represented to protect, repair, waterproof, stop leaks, or
490	extend the life of the roof. The scope of work of a roofing
491	contractor also includes required roof-deck attachments and any
492	repair or replacement of wood roof sheathing or fascia as needed
493	during roof repair or replacement.
494	(f)  "Class A air-conditioning contractor" means a
495	contractor whose services are unlimited in the execution of
496	contracts requiring the experience, knowledge, and skill to
497	install, maintain, repair, fabricate, alter, extend, or design,
498	if when not prohibited by law, central air-conditioning,
499	refrigeration, heating, and ventilating systems, including duct
500	work in connection with a complete system if only to the extent
501	such duct work is performed by the contractor as is necessary to
502	make complete an air-distribution system, boiler and unfired
503	pressure vessel systems, and all appurtenances, apparatus, or
504	equipment used in connection therewith, and any duct cleaning
505	and equipment sanitizing that which requires at least a partial
506	disassembling of the system; to install, maintain, repair,
507	fabricate, alter, extend, or design, if when not prohibited by
508	law, piping, insulation of pipes, vessels and ducts, pressure
509	and process piping, and pneumatic control piping; to replace,
510	disconnect, or reconnect power wiring on the load side of the
511	dedicated existing electrical disconnect switch; to install,
512	disconnect, and reconnect low voltage heating, ventilating, and
513	air-conditioning control wiring; and to install a condensate
514	drain from an air-conditioning unit to an existing safe waste or
515	other approved disposal other than a direct connection to a
516	sanitary system. The scope of work for such contractor shall
517	also includes include any excavation work incidental thereto,
518	but does shall not include any work such as liquefied petroleum
519	or natural gas fuel lines within buildings, except for
520	disconnecting or reconnecting changeouts of liquefied petroleum
521	or natural gas appliances within buildings; potable water lines
522	or connections thereto; sanitary sewer lines; swimming pool
523	piping and filters; or electrical power wiring.
524	(g)  "Class B air-conditioning contractor" means a
525	contractor whose services are limited to 25 tons of cooling and
526	500,000 Btu of heating in any one system in the execution of
527	contracts requiring the experience, knowledge, and skill to
528	install, maintain, repair, fabricate, alter, extend, or design,
529	if when not prohibited by law, central air-conditioning,
530	refrigeration, heating, and ventilating systems, including duct
531	work in connection with a complete system only to the extent
532	such duct work is performed by the contractor as is necessary to
533	make complete an air-distribution system being installed under
534	this classification, and any duct cleaning and equipment
535	sanitizing that which requires at least a partial disassembling
536	of the system; to install, maintain, repair, fabricate, alter,
537	extend, or design, if when not prohibited by law, piping and
538	insulation of pipes, vessels, and ducts; to replace, disconnect,
539	or reconnect power wiring on the load side of the dedicated
540	existing electrical disconnect switch; to install, disconnect,
541	and reconnect low voltage heating, ventilating, and air-
542	conditioning control wiring; and to install a condensate drain
543	from an air-conditioning unit to an existing safe waste or other
544	approved disposal other than a direct connection to a sanitary
545	system. The scope of work for such contractor shall also
546	includes include any excavation work incidental thereto, but
547	does shall not include any work such as liquefied petroleum or
548	natural gas fuel lines within buildings, except for
549	disconnecting or reconnecting changeouts of liquefied petroleum
550	or natural gas appliances within buildings; potable water lines
551	or connections thereto; sanitary sewer lines; swimming pool
552	piping and filters; or electrical power wiring.
553	(h)  "Class C air-conditioning contractor" means a
554	contractor whose business is limited to the servicing of air-
555	conditioning, heating, or refrigeration systems, including any
556	duct cleaning and equipment sanitizing that which requires at
557	least a partial disassembling of the system, and whose
558	certification or registration, issued pursuant to this part, was
559	valid on October 1, 1988. Only a No person who was not
560	previously registered or certified as a Class C air-conditioning
561	contractor as of October 1, 1988, shall be so registered or
562	certified after October 1, 1988. However, the board shall
563	continue to license and regulate those Class C air-conditioning
564	contractors who held Class C licenses before prior to October 1,
565	1988.
566	(i)  "Mechanical contractor" means a contractor whose
567	services are unlimited in the execution of contracts requiring
568	the experience, knowledge, and skill to install, maintain,
569	repair, fabricate, alter, extend, or design, if when not
570	prohibited by law, central air-conditioning, refrigeration,
571	heating, and ventilating systems, including duct work in
572	connection with a complete system if only to the extent such
573	duct work is performed by the contractor as is necessary to make
574	complete an air-distribution system, boiler and unfired pressure
575	vessel systems, lift station equipment and piping, and all
576	appurtenances, apparatus, or equipment used in connection
577	therewith, and any duct cleaning and equipment sanitizing that
578	which requires at least a partial disassembling of the system;
579	to install, maintain, repair, fabricate, alter, extend, or
580	design, if when not prohibited by law, piping, insulation of
581	pipes, vessels and ducts, pressure and process piping, pneumatic
582	control piping, gasoline tanks and pump installations and piping
583	for same, standpipes, air piping, vacuum line piping, oxygen
584	lines, nitrous oxide piping, ink and chemical lines, fuel
585	transmission lines, liquefied petroleum gas lines within
586	buildings, and natural gas fuel lines within buildings; to
587	replace, disconnect, or reconnect power wiring on the load side
588	of the dedicated existing electrical disconnect switch; to
589	install, disconnect, and reconnect low voltage heating,
590	ventilating, and air-conditioning control wiring; and to install
591	a condensate drain from an air-conditioning unit to an existing
592	safe waste or other approved disposal other than a direct
593	connection to a sanitary system. The scope of work for such
594	contractor shall also includes include any excavation work
595	incidental thereto, but does shall not include any work such as
596	potable water lines or connections thereto, sanitary sewer
597	lines, swimming pool piping and filters, or electrical power
598	wiring.
599	(j)  "Commercial pool/spa contractor" means a contractor
600	whose scope of work involves, but is not limited to, the
601	construction, repair, and servicing of any swimming pool, or hot
602	tub or spa, whether public, private, or otherwise, regardless of
603	use. The scope of work includes the installation, repair, or
604	replacement of existing equipment, any cleaning or equipment
605	sanitizing that which requires at least a partial disassembling,
606	excluding filter changes, and the installation of new pool/spa
607	equipment, interior finishes, the installation of package pool
608	heaters, the installation of all perimeter piping and filter
609	piping, and the construction of equipment rooms or housing for
610	pool/spa equipment, and also includes the scope of work of a
611	swimming pool/spa servicing contractor. The scope of such work
612	does not include direct connections to a sanitary sewer system
613	or to potable water lines. The installation, construction,
614	modification, or replacement of equipment permanently attached
615	to and associated with the pool or spa for the purpose of water
616	treatment or cleaning of the pool or spa requires licensure;
617	however, the usage of such equipment for the purposes of water
618	treatment or cleaning does shall not require licensure unless
619	the usage involves construction, modification, or replacement of
620	such equipment. Water treatment that does not require such
621	equipment does not require a license. In addition, a license is
622	shall not be required for the cleaning of the pool or spa in a
623	any way that does not affect the structural integrity of the
624	pool or spa or its associated equipment.
625	(k)  "Residential pool/spa contractor" means a contractor
626	whose scope of work involves, but is not limited to, the
627	construction, repair, and servicing of a any residential
628	swimming pool, or hot tub or spa, regardless of use. The scope
629	of work includes the installation, repair, or replacement of
630	existing equipment, any cleaning or equipment sanitizing that
631	which requires at least a partial disassembling, excluding
632	filter changes, and the installation of new pool/spa equipment,
633	interior finishes, the installation of package pool heaters, the
634	installation of all perimeter piping and filter piping, and the
635	construction of equipment rooms or housing for pool/spa
636	equipment, and also includes the scope of work of a swimming
637	pool/spa servicing contractor. The scope of such work does not
638	include direct connections to a sanitary sewer system or to
639	potable water lines. The installation, construction,
640	modification, or replacement of equipment permanently attached
641	to and associated with the pool or spa for the purpose of water
642	treatment or cleaning of the pool or spa requires licensure;
643	however, the usage of such equipment for the purposes of water
644	treatment or cleaning does shall not require licensure unless
645	the usage involves construction, modification, or replacement of
646	such equipment. Water treatment that does not require such
647	equipment does not require a license. In addition, a license is
648	shall not be required for the cleaning of the pool or spa in a
649	any way that does not affect the structural integrity of the
650	pool or spa or its associated equipment.
651	(l)  "Swimming pool/spa servicing contractor" means a
652	contractor whose scope of work involves, but is not limited to,
653	the repair and servicing of a any swimming pool, or hot tub or
654	spa, whether public or private, or otherwise, regardless of use.
655	The scope of work includes the repair or replacement of existing
656	equipment, any cleaning or equipment sanitizing that which
657	requires at least a partial disassembling, excluding filter
658	changes, and the installation of new pool/spa equipment,
659	interior refinishing, the reinstallation or addition of pool
660	heaters, the repair or replacement of all perimeter piping and
661	filter piping, the repair of equipment rooms or housing for
662	pool/spa equipment, and the substantial or complete draining of
663	a swimming pool, or hot tub or spa, for the purpose of any
664	repair or renovation. The scope of such work does not include
665	direct connections to a sanitary sewer system or to potable
666	water lines. The installation, construction, modification,
667	substantial or complete disassembly, or replacement of equipment
668	permanently attached to and associated with the pool or spa for
669	the purpose of water treatment or cleaning of the pool or spa
670	requires licensure; however, the usage of such equipment for the
671	purposes of water treatment or cleaning does shall not require
672	licensure unless the usage involves construction, modification,
673	substantial or complete disassembly, or replacement of such
674	equipment. Water treatment that does not require such equipment
675	does not require a license. In addition, a license is shall not
676	be required for the cleaning of the pool or spa in a any way
677	that does not affect the structural integrity of the pool or spa
678	or its associated equipment.
679	(m)  "Plumbing contractor" means a contractor whose
680	contracting business consists of the execution of contracts
681	requiring the experience, financial means, knowledge, and skill
682	to install, maintain, repair, alter, extend, or, if when not
683	prohibited by law, design plumbing. A plumbing contractor may
684	install, maintain, repair, alter, extend, or, if when not
685	prohibited by law, design the following without obtaining an any
686	additional local regulatory license, certificate, or
687	registration: sanitary drainage or storm drainage facilities;
688	venting systems; public or private water supply systems; septic
689	tanks; drainage and supply wells; swimming pool piping;
690	irrigation systems; or solar heating water systems and all
691	appurtenances, apparatus, or equipment used in connection
692	therewith, including boilers and pressure process piping and
693	including the installation of water, natural gas, liquefied
694	petroleum gas and related venting, and storm and sanitary sewer
695	lines; and water and sewer plants and substations. The scope of
696	work of the plumbing contractor also includes the design, if
697	when not prohibited by law, and installation, maintenance,
698	repair, alteration, or extension of air-piping, vacuum line
699	piping, oxygen line piping, nitrous oxide piping, and all
700	related medical gas systems; fire line standpipes and fire
701	sprinklers if to the extent authorized by law; ink and chemical
702	lines; fuel oil and gasoline piping and tank and pump
703	installation, except bulk storage plants; and pneumatic control
704	piping systems, all in such a manner that complies as to comply
705	with all plans, specifications, codes, laws, and regulations
706	applicable. The scope of work of the plumbing contractor applies
707	shall apply to private property and public property, including
708	shall include any excavation work incidental thereto, and
709	includes shall include the work of the specialty plumbing
710	contractor. Such contractor shall subcontract, with a qualified
711	contractor in the field concerned, all other work incidental to
712	the work but which is specified herein as being the work of a
713	trade other than that of a plumbing contractor. Nothing in This
714	definition does not shall be construed to limit the scope of
715	work of any specialty contractor certified pursuant to s.
716	489.113(6), and does not. Nothing in this definition shall be
717	construed to require certification or registration under this
718	part of any authorized employee of a public natural gas utility
719	or of a private natural gas utility regulated by the Public
720	Service Commission when disconnecting and reconnecting water
721	lines in the servicing or replacement of an existing water
722	heater.
723	(n)  "Underground utility and excavation contractor" means
724	a contractor whose services are limited to the construction,
725	installation, and repair, on public or private property, whether
726	accomplished through open excavations or through other means,
727	including, but not limited to, directional drilling, auger
728	boring, jacking and boring, trenchless technologies, wet and dry
729	taps, grouting, and slip lining, of main sanitary sewer
730	collection systems, main water distribution systems, storm sewer
731	collection systems, and the continuation of utility lines from
732	the main systems to a point of termination up to and including
733	the meter location for the individual occupancy, sewer
734	collection systems at property line on residential or single-
735	occupancy commercial properties, or on multioccupancy properties
736	at manhole or wye lateral extended to an invert elevation as
737	engineered to accommodate future building sewers, water
738	distribution systems, or storm sewer collection systems at storm
739	sewer structures. However, an underground utility and excavation
740	contractor may install empty underground conduits in rights-of-
741	way, easements, platted rights-of-way in new site development,
742	and sleeves for parking lot crossings no smaller than 2 inches
743	in diameter if, provided that each conduit system installed is
744	designed by a licensed professional engineer or an authorized
745	employee of a municipality, county, or public utility and that
746	the installation of any such conduit does not include
747	installation of any conductor wiring or connection to an
748	energized electrical system. An underground utility and
749	excavation contractor may shall not install any piping that is
750	an integral part of a fire protection system as defined in s.
751	633.021 beginning at the point where the piping is used
752	exclusively for such system.
753	(o)  "Solar contractor" means a contractor whose services
754	consist of the installation, alteration, repair, maintenance,
755	relocation, or replacement of solar panels for potable solar
756	water heating systems, swimming pool solar heating systems, and
757	photovoltaic systems and any appurtenances, apparatus, or
758	equipment used in connection therewith, whether public, private,
759	or otherwise, regardless of use. A contractor, certified or
760	registered pursuant to the provisions of this chapter, is not
761	required to become a certified or registered solar contractor or
762	to contract with a solar contractor in order to provide any
763	services enumerated in this paragraph that are within the scope
764	of the services such contractors may render under this part.
765	(p)  "Pollutant storage systems contractor" means a
766	contractor whose services are limited to, and who has the
767	experience, knowledge, and skill to install, maintain, repair,
768	alter, extend, or design, if when not prohibited by law, and use
769	materials and items used in the installation, maintenance,
770	extension, and alteration of, pollutant storage tanks. Any
771	person installing a pollutant storage tank shall perform such
772	installation in accordance with the standards adopted pursuant
773	to s. 376.303.
774	(q)  "Glass and glazing contractor" means a contractor
775	whose services are unlimited in the execution of contracts
776	requiring the experience, knowledge, and skill to install,
777	attach, maintain, repair, fabricate, alter, extend, or design,
778	in residential and commercial applications without any height
779	restrictions, all types of windows, glass, and mirrors, whether
780	fixed or movable; swinging or sliding glass doors attached to
781	existing walls, floors, columns, or other structural members of
782	the building; glass holding or supporting mullions or horizontal
783	bars; structurally anchored impact-resistant opening protection
784	attached to existing building walls, floors, columns, or other
785	structural members of the building; prefabricated glass, metal,
786	or plastic curtain walls; storefront frames or panels; shower
787	and tub enclosures; metal fascias; and caulking incidental to
788	such work and assembly.
789	(r)(q)  "Specialty contractor" means a contractor whose
790	scope of work and responsibility is limited to a particular
791	phase of construction established in a category adopted by board
792	rule and whose scope is limited to a subset of the activities
793	described in one of the paragraphs of this subsection.
794	Section 16.  Paragraphs (b) and (c) of subsection (4) of
795	section 489.107, Florida Statutes, are amended to read:
796	489.107  Construction Industry Licensing Board.-
797	(4)  The board shall be divided into two divisions,
798	Division I and Division II.
799	(b)  Division II is comprised of the roofing contractor,
800	sheet metal contractor, air-conditioning contractor, mechanical
801	contractor, pool contractor, plumbing contractor, and
802	underground utility and excavation contractor members of the
803	board; one of the members appointed pursuant to paragraph
804	(2)(j); and one of the members appointed pursuant to paragraph
805	(2)(k). Division II has jurisdiction over the regulation of
806	contractors defined in s. 489.105(3)(d)-(q) 489.105(3)(d)-(p).
807	(c)  Jurisdiction for the regulation of specialty
808	contractors defined in s. 489.105(3)(r) 489.105(3)(q) shall lie
809	with the division having jurisdiction over the scope of work of
810	the specialty contractor as defined by board rule.
811	Section 17.  Paragraph (g) of subsection (2) of section
812	489.141, Florida Statutes, is amended to read:
813	489.141  Conditions for recovery; eligibility.-
814	(2)  A claimant is not qualified to make a claim for
815	recovery from the recovery fund, if:
816	(g)  The claimant has contracted with a licensee to perform
817	a scope of work described in s. 489.105(3)(d)-(r) 489.105(3)(d)-
818	(q).
819	Section 18.  Subsection (1) of section 514.028, Florida
820	Statutes, is amended to read:
821	514.028  Advisory review board.-
822	(1)  The Governor shall appoint an advisory review board
823	which shall meet as necessary or at least quarterly, to
824	recommend agency action on variance request, rule and policy
825	development, and other technical review problems. The board
826	shall be comprised of the following:
827	(a)  A representative from the office of licensure and
828	certification of the department.
829	(b)  A representative from the county health departments.
830	(c)  Three representatives from the swimming pool
831	construction industry.
832	(d)  A representative Two representatives from the public
833	lodging industry.
834	(e)  A representative from a county or local building
835	department.
836	Section 19.  Section 514.0315, Florida Statutes, is created
837	to read:
838	514.0315  Required safety features for public swimming
839	pools and spas.-
840	(1)  A public swimming pool or spa must be equipped with an
841	anti-entrapment system or device that complies with American
842	Society of Mechanical Engineers/American National Standards
843	Institute standard A112.19.8, or any successor standard.
844	(2)  A public swimming pool or spa with a single main drain
845	other than an unblockable drain must be equipped with at least
846	one of the following features that complies with any American
847	Society of Mechanical Engineers, American National Standards
848	Institute, American Standard for Testing and Materials, or other
849	applicable consumer product safety standard for such system or
850	device:
851	(a)  A safety vacuum release system that ceases operation
852	of the pump, reverses the circulation flow, or otherwise
853	provides a vacuum release at a suction outlet when a blockage is
854	detected and that has been tested by an independent third party
855	and found to conform to American Society of Mechanical
856	Engineers/American National Standards Institute standard
857	A112.19.17, American Standard for Testing and Materials standard
858	F2387, or any successor standard.
859	(b)  A suction-limiting vent system with a tamper-resistant
860	atmospheric opening.
861	(c)  A gravity drainage system that uses a collector tank.
862	(d)  An automatic pump shut-off system.
863	(e)  A device or system that disables the drain.
864	(3)  The determination and selection of a feature under
865	subsection (2) for a public swimming pool or spa constructed
866	before January 1, 1993, is at the sole discretion of the owner
867	or operator of the public swimming pool or spa.
868	Section 20.  Subsection (3) of section 527.06, Florida
869	Statutes, is amended to read:
870	527.06  Rules.-
871	(3)(a)  Rules in substantial conformity with the published
872	standards of the National Fire Protection Association (NFPA) are
873	shall be deemed to be in substantial conformity with the
874	generally accepted standards of safety concerning the same
875	subject matter.
876	(b)  Notwithstanding any other law, the department or other
877	state agency may not require compliance with the minimum
878	separation distances of NFPA 58 for separation between a
879	liquefied petroleum gas tank and a building, adjoining property
880	line, other liquefied petroleum gas tank, or any source of
881	ignition, except in compliance with the minimum separation
882	distances of the 2011 edition of NFPA 58.
883	(c)  If the department, the Florida Building Commission as
884	part of the Florida Building Code, and the Office of the State
885	Fire Marshal as part of the Florida Fire Prevention Code each
886	adopt the minimum separation distances of the 2011 edition of
887	NFPA 58 as rules, whether adopted by setting out the minimum
888	separation distances in the text of the rules or through
889	incorporation by reference, this subsection is repealed upon the
890	last effective date of such rules.
891	Section 21.  Subsection (11) of section 527.21, Florida
892	Statutes, is amended to read:
893	527.21  Definitions relating to Florida Propane Gas
894	Education, Safety, and Research Act.-As used in ss. 527.20-
895	527.23, the term:
896	(11)  "Propane" includes propane, butane, mixtures, and
897	liquefied petroleum gas as defined by the National Fire
898	Protection Association (NFPA) Standard 58, For The Storage and
899	Handling of Liquefied Petroleum Gas Code Gases.
900	Section 22.  Section 553.502, Florida Statutes, is amended
901	to read:
902	553.502  Intent.-The purpose and intent of this part ss.
903	553.501-553.513 is to incorporate into the law of this state the
904	accessibility requirements of the Americans with Disabilities
905	Act of 1990, as amended Pub. L. No. 101-336, 42 U.S.C. ss. 12101
906	et seq., and to obtain and maintain United States Department of
907	Justice certification of the Florida Accessibility Code for
908	Building Construction as equivalent to federal standards for
909	accessibility of buildings, structures, and facilities. All
910	state laws, rules, standards, and codes governing facilities
911	covered by the Americans with Disabilities Act Standards for
912	Accessible Design guidelines shall be maintained to assure
913	certification of the state's construction standards and codes.
914	This part Nothing in ss. 553.501-553.513 is not intended to
915	expand or diminish the defenses available to a place of public
916	accommodation or a commercial facility under the Americans with
917	Disabilities Act and the standards federal Americans with
918	Disabilities Act Accessibility Guidelines, including, but not
919	limited to, the readily achievable standard, and the standards
920	applicable to alterations to private buildings or facilities as
921	defined by the standards places of public accommodation.
922	Section 23.  Section 553.503, Florida Statutes, is amended
923	to read:
924	553.503  Adoption of federal standards guidelines.-Subject
925	to modifications under this part the exceptions in s. 553.504,
926	the federal Americans with Disabilities Act Standards for
927	Accessible Design Accessibility Guidelines, and related
928	regulations provided as adopted by reference in 28 C.F.R., parts
929	35 and part 36, and 49 C.F.R. part 37 subparts A and D, and
930	Title II of Pub. L. No. 101-336, are hereby adopted and
931	incorporated by reference as the law of this state and shall be
932	incorporated into. The guidelines shall establish the minimum
933	standards for the accessibility of buildings and facilities
934	built or altered within this state. the 1997 Florida
935	Accessibility Code for Building Construction and must be adopted
936	by the Florida Building Commission in accordance with chapter
937	120.
938	Section 24.  Section 553.504, Florida Statutes, is amended
939	to read:
940	553.504  Exceptions to applicability of the federal
941	standards guidelines.-Notwithstanding the adoption of the
942	Americans with Disabilities Act Standards for Accessible Design
943	pursuant to Accessibility Guidelines in s. 553.503, all
944	buildings, structures, and facilities in this state must shall
945	meet the following additional requirements if such requirements
946	when they provide increased accessibility:
947	(1)  All new or altered public buildings and facilities,
948	private buildings and facilities, places of public
949	accommodation, and commercial facilities, as those terms are
950	defined by the standards, subject to this part, ss. 553.501-
951	553.513 which may be frequented in, lived in, or worked in by
952	the public must shall comply with this part ss. 553.501-553.513.
953	(2)  All new single-family houses, duplexes, triplexes,
954	condominiums, and townhouses shall provide at least one
955	bathroom, located with maximum possible privacy, where bathrooms
956	are provided on habitable grade levels, with a door that has a
957	29-inch clear opening. However, if only a toilet room is
958	provided at grade level, such toilet room must shall have a
959	clear opening of at least not less than 29 inches.
960	(3)  All required doors and walk-through openings in
961	buildings excluding single-family homes, duplexes, and triplexes
962	not covered by the Americans with Disabilities Act of 1990 or
963	the Fair Housing Act shall have at least 29 inches of clear
964	width except under ss. 553.501-553.513.
965	(4)  In addition to the requirements in reference 4.8.4 of
966	the guidelines, all landings on ramps shall be not less than 60
967	inches clear, and the bottom of each ramp shall have not less
968	than 72 inches of straight and level clearance.
969	(5)  All curb ramps shall be designed and constructed in
970	accordance with the following requirements:
971	(a)  Notwithstanding the requirements of reference 4.8.5.2
972	of the guidelines, handrails on ramps which are not continuous
973	shall extend not less than 18 inches beyond the sloped segment
974	at both the top and bottom, and shall be parallel to the floor
975	or ground surface.
976	(b)  Notwithstanding the requirements of references 4.3.3
977	and 4.8.3 of the guidelines, curb ramps that are part of a
978	required means of egress shall be not less than 44 inches wide.
979	(c)  Notwithstanding the requirements of reference 4.7.5 of
980	the guidelines, curb ramps located where pedestrians must use
981	them and all curb ramps which are not protected by handrails or
982	guardrails shall have flared sides with a slope not exceeding a
983	ratio of 1 to 12.
984	(3)(6)  Notwithstanding the requirements in s. 404.2.9
985	reference 4.13.11 of the standards guidelines, exterior hinged
986	doors must shall be so designed so that such doors can be pushed
987	or pulled open with a force not exceeding 8.5 foot pounds.
988	(7)  Notwithstanding the requirements in reference 4.33.1
989	of the guidelines, all public food service establishments, all
990	establishments licensed under the Beverage Law for consumption
991	on the premises, and all facilities governed by reference 4.1 of
992	the guidelines shall provide seating or spaces for seating in
993	accordance with the following requirements:
994	(a)  For the first 100 fixed seats, accessible and usable
995	spaces must be provided consistent with the following table:
996
	Capacity of SeatingIn Assembly Areas Number of RequiredWheelchair Locations
997
	1 to 25     1
998
	26 to 50     2
999
	51 to 100     4
1000
1001	(b)  For all remaining fixed seats, there shall be not less
1002	than one such accessible and usable space for each 100 fixed
1003	seats or fraction thereof.
1004	(8)  Notwithstanding the requirements in references 4.32.1-
1005	4.32.4 of the guidelines, all fixed seating in public food
1006	service establishments, in establishments licensed under the
1007	Beverage Law for consumption on the premises, and in all other
1008	facilities governed by reference 4.1 of the guidelines shall be
1009	designed and constructed in accordance with the following
1010	requirements:
1011	(a)  All aisles adjacent to fixed seating shall provide
1012	clear space for wheelchairs.
1013	(b)  Where there are open positions along both sides of
1014	such aisles, the aisles shall be not less than 52 inches wide.
1015	(4)(9)  In motels and hotels a number of rooms equaling at
1016	least 5 percent of the guest rooms minus the number of
1017	accessible rooms required by the standards must guidelines shall
1018	provide the following special accessibility features:
1019	(a)  Grab rails in bathrooms and toilet rooms that comply
1020	with s. 604.5 4.16.4 of the standards guidelines.
1021	(b)  All beds in designed accessible guest rooms must shall
1022	be an open-frame type that allows the to permit passage of lift
1023	devices.
1024	(c)  Water closets that comply with section 604.4 of the
1025	standards. All standard water closet seats shall be at a height
1026	of 15 inches, measured vertically from the finished floor to the
1027	top of the seat, with a variation of plus or minus 1/2 inch. A
1028	portable or attached raised toilet seat shall be provided in all
1029	designated handicapped accessible rooms.
1030
1031	All buildings, structures, or facilities licensed as a hotel,
1032	motel, or condominium pursuant to chapter 509 are shall be
1033	subject to the provisions of this subsection. This subsection
1034	does not relieve Nothing in this subsection shall be construed
1035	as relieving the owner of the responsibility of providing
1036	accessible rooms in conformance with ss. 224 and 806 of the
1037	standards 9.1-9.5 of the guidelines.
1038	(10)  Notwithstanding the requirements in reference 4.29.2
1039	of the guidelines, all detectable warning surfaces required by
1040	the guidelines shall be governed by the requirements of American
1041	National Standards Institute A117.1-1986.
1042	(11)  Notwithstanding the requirements in references 4.31.2
1043	and 4.31.3 of the guidelines, the installation and placement of
1044	all public telephones shall be governed by the rules of the
1045	Florida Public Service Commission.
1046	(5)(12)  Notwithstanding ss. 213 and 604 of the standards
1047	the requirements in references 4.1.3(11) and 4.16-4.23 of the
1048	guidelines, required bathing rooms restrooms and toilet rooms in
1049	new construction shall be designed and constructed in accordance
1050	with the following requirements:
1051	(a)  The wheelchair standard accessible toilet compartment
1052	must restroom stall shall contain an accessible lavatory within
1053	it, which must be at least the size of such lavatory to be not
1054	less than 19 inches wide by 17 inches deep, nominal size, and
1055	wall-mounted. The lavatory shall be mounted so as not to overlap
1056	the clear floor space areas required by s. 604 of the standards
1057	4.17 figure 30(a) of the guidelines for the wheelchair standard
1058	accessible toilet compartment stall and to comply with s. 606 of
1059	the standards 4.19 of the guidelines. Such lavatories shall be
1060	counted as part of the required fixture count for the building.
1061	(b)  The accessible water closet within the wheelchair
1062	accessible toilet compartment must shall be located in the
1063	corner, diagonal to the door.
1064	(c)  The accessible stall door shall be self-closing.
1065	(13)  All customer checkout aisles not required by the
1066	guidelines to be handicapped accessible shall have at least 32
1067	inches of clear passage.
1068	(14)  Turnstiles shall not be used in occupancies which
1069	serve fewer than 100 persons, but turnstiles may be used in
1070	occupancies which serve at least 100 persons if there is an
1071	unlocked alternate passageway on an accessible route affording
1072	not less than 32 inches of clearance, equipped with latching
1073	devices in accordance with the guidelines.
1074	(6)(15)  Barriers at common or emergency entrances and
1075	exits of business establishments conducting business with the
1076	general public that are existing, under construction, or under
1077	contract for construction which would prevent a person from
1078	using such entrances or exits must shall be removed.
1079	Section 25.  Section 553.5041, Florida Statutes, is amended
1080	to read:
1081	553.5041  Parking spaces for persons who have
1082	disabilities.-
1083	(1)  This section is not intended to expand or diminish the
1084	defenses available to a place of public accommodation under the
1085	Americans with Disabilities Act and the federal Americans with
1086	Disabilities Act Standards for Accessible Design Accessibility
1087	Guidelines, including, but not limited to, the readily
1088	achievable standard, and the standards applicable to alterations
1089	to places of public accommodation and commercial facilities.
1090	Subject to the exceptions described in subsections (2), (4),
1091	(5), and (6), if when the parking and loading zone requirements
1092	of the federal standards and related regulations Americans with
1093	Disabilities Act Accessibility Guidelines (ADAAG), as adopted by
1094	reference in 28 C.F.R. part 36, subparts A and D, and Title II
1095	of Pub. L. No. 101-336, provide increased accessibility, those
1096	requirements are adopted and incorporated by reference as the
1097	law of this state.
1098	(2)  State agencies and political subdivisions having
1099	jurisdiction over street parking or publicly owned or operated
1100	parking facilities are not required to provide a greater right-
1101	of-way width than would otherwise be planned under regulations,
1102	guidelines, or practices normally applied to new development.
1103	(3)  Designated accessible If parking spaces are provided
1104	for self-parking by employees or visitors, or both, accessible
1105	spaces shall be provided in each such parking area. Such spaces
1106	shall be designed and marked for the exclusive use of those
1107	individuals who have a severe physical disability and have
1108	permanent or temporary mobility problems that substantially
1109	impair their ability to ambulate and who have been issued either
1110	a disabled parking permit under s. 316.1958 or s. 320.0848 or a
1111	license plate under s. 320.084, s. 320.0842, s. 320.0843, or s.
1112	320.0845.
1113	(4)  The number of accessible parking spaces must comply
1114	with the parking requirements in ADAAG s. 208 of the standards
1115	4.1 and the following:
1116	(a)  There must be one accessible parking space in the
1117	immediate vicinity of a publicly owned or leased building that
1118	houses a governmental entity or a political subdivision,
1119	including, but not limited to, state office buildings and
1120	courthouses, if no parking for the public is not provided on the
1121	premises of the building.
1122	(b)  There must be one accessible parking space for each
1123	150 metered on-street parking spaces provided by state agencies
1124	and political subdivisions.
1125	(c)  The number of parking spaces for persons who have
1126	disabilities must be increased on the basis of demonstrated and
1127	documented need.
1128	(5)  Accessible perpendicular and diagonal accessible
1129	parking spaces and loading zones must be designed and located to
1130	conform to in conformance with the guidelines set forth in ADAAG
1131	ss. 502 and 503 of the standards. 4.1.2 and 4.6 and Appendix s.
1132	A4.6.3 "Universal Parking Design."
1133	(a)  All spaces must be located on an accessible route that
1134	is at least no less than 44 inches wide so that users are will
1135	not be compelled to walk or wheel behind parked vehicles except
1136	behind his or her own vehicle.
1137	(b)  Each space must be located on the shortest safely
1138	accessible route from the parking space to an accessible
1139	entrance. If there are multiple entrances or multiple retail
1140	stores, the parking spaces must be dispersed to provide parking
1141	at the nearest accessible entrance. If a theme park or an
1142	entertainment complex as defined in s. 509.013(9) provides
1143	parking in several lots or areas from which access to the theme
1144	park or entertainment complex is provided, a single lot or area
1145	may be designated for parking by persons who have disabilities,
1146	if the lot or area is located on the shortest safely accessible
1147	route to an accessible entrance to the theme park or
1148	entertainment complex or to transportation to such an accessible
1149	entrance.
1150	(c)1.  Each parking space must be at least no less than 12
1151	feet wide. Parking access aisles must be at least no less than 5
1152	feet wide and must be part of an accessible route to the
1153	building or facility entrance. In accordance with ADAAG s.
1154	4.6.3, access aisles must be placed adjacent to accessible
1155	parking spaces; however, two accessible parking spaces may share
1156	a common access aisle. The access aisle must be striped
1157	diagonally to designate it as a no-parking zone.
1158	2.  The parking access aisles are reserved for the
1159	temporary exclusive use of persons who have disabled parking
1160	permits and who require extra space to deploy a mobility device,
1161	lift, or ramp in order to exit from or enter a vehicle. Parking
1162	is not allowed in an access aisle. Violators are subject to the
1163	same penalties that are imposed for illegally parking in parking
1164	spaces that are designated for persons who have disabilities. A
1165	vehicle may not be parked in an access aisle, even if the
1166	vehicle owner or passenger is disabled or owns a disabled
1167	parking permit.
1168	3.  Notwithstanding any other provision of this subsection
1169	to the contrary notwithstanding, a theme park or an
1170	entertainment complex as defined in s. 509.013(9) in which are
1171	provided continuous attendant services are provided for
1172	directing individuals to marked accessible parking spaces or
1173	designated lots for parking by persons who have disabilities,
1174	may, in lieu of the required parking space design, provide
1175	parking spaces that comply with ADAAG ss. 208 and 502 of the
1176	standards 4.1 and 4.6.
1177	(d)  On-street parallel parking spaces must be located
1178	either at the beginning or end of a block or adjacent to alley
1179	entrances. Such spaces must be designed to conform to in
1180	conformance with the guidelines set forth in ADAAG ss. 208 and
1181	502 of the standards, except that 4.6.2 through 4.6.5,
1182	exception: access aisles are not required. Curbs adjacent to
1183	such spaces must be of a height that does will not interfere
1184	with the opening and closing of motor vehicle doors. This
1185	subsection does not relieve the owner of the responsibility to
1186	comply with the parking requirements of ADAAG ss. 208 and 502 of
1187	the standards 4.1 and 4.6.
1188	(e)  Parallel parking spaces must be even with surface
1189	slopes, may match the grade of the adjacent travel lane, and
1190	must not exceed a cross slope of 1 to 50, where feasible.
1191	(f)  Curb ramps must be located outside of the disabled
1192	parking spaces and access aisles.
1193	(e)(g)1.  The removal of architectural barriers from a
1194	parking facility in accordance with 28 C.F.R. s. 36.304 or with
1195	s. 553.508 must comply with this section unless compliance would
1196	cause the barrier removal not to be readily achievable. If
1197	compliance would cause the barrier removal not to be readily
1198	achievable, a facility may provide parking spaces at alternative
1199	locations for persons who have disabilities and provide
1200	appropriate signage directing such persons who have disabilities
1201	to the alternative parking if readily achievable. The facility
1202	may not reduce the required number or dimensions of those spaces
1203	or, nor may it unreasonably increase the length of the
1204	accessible route from a parking space to the facility. The
1205	removal of an architectural barrier must not create a
1206	significant risk to the health or safety of a person who has a
1207	disability or to that of others.
1208	2.  A facility that is making alterations under s.
1209	553.507(2)(b) must comply with this section to the maximum
1210	extent feasible. If compliance with parking location
1211	requirements is not feasible, the facility may provide parking
1212	spaces at alternative locations for persons who have
1213	disabilities and provide appropriate signage directing such
1214	persons who have a disability to alternative parking. The
1215	facility may not reduce the required number or dimensions of
1216	those spaces, or nor may it unnecessarily increase the length of
1217	the accessible route from a parking space to the facility. The
1218	alteration must not create a significant risk to the health or
1219	safety of a person who has a disability or to that of others.
1220	(6)  Each such parking space must be striped in a manner
1221	that is consistent with the standards of the controlling
1222	jurisdiction for other spaces and prominently outlined with blue
1223	paint, and must be repainted when necessary, to be clearly
1224	distinguishable as a parking space designated for persons who
1225	have disabilities. The space and must be posted with a permanent
1226	above-grade sign of a color and design approved by the
1227	Department of Transportation, which is placed on or at least 60
1228	inches above the finished floor or ground surface measured to
1229	the bottom of the sign a distance of 84 inches above the ground
1230	to the bottom of the sign and which bears the international
1231	symbol of accessibility meeting the requirements of ADAAG s.
1232	703.7.2.1 of the standards 4.30.7 and the caption "PARKING BY
1233	DISABLED PERMIT ONLY." Such a sign erected after October 1,
1234	1996, must indicate the penalty for illegal use of the space.
1235	Notwithstanding any other provision of this section to the
1236	contrary notwithstanding, in a theme park or an entertainment
1237	complex as defined in s. 509.013(9) in which accessible parking
1238	is located in designated lots or areas, the signage indicating
1239	the lot as reserved for accessible parking may be located at the
1240	entrances to the lot in lieu of a sign at each parking place.
1241	This subsection does not relieve the owner of the responsibility
1242	of complying with the signage requirements of ADAAG s. 502.6 of
1243	the standards 4.30.
1244	Section 26.  Section 553.505, Florida Statutes, is amended
1245	to read:
1246	553.505  Exceptions to applicability of the Americans with
1247	Disabilities Act.-Notwithstanding the Americans with
1248	Disabilities Act of 1990, private clubs are governed by this
1249	part ss. 553.501-553.513. Parking spaces, parking lots, and
1250	other parking facilities are governed by s. 553.5041 when that
1251	section provides increased accessibility.
1252	Section 27.  Section 553.506, Florida Statutes, is amended
1253	to read:
1254	553.506  Powers of the commission.-In addition to any other
1255	authority vested in the Florida Building Commission by law, the
1256	commission, in implementing this part ss. 553.501-553.513, may,
1257	by rule, adopt revised and updated versions of the Americans
1258	with Disabilities Act Standards for Accessible Design
1259	Accessibility Guidelines in accordance with chapter 120.
1260	Section 28.  Section 553.507, Florida Statutes, is amended
1261	to read:
1262	553.507  Applicability Exemptions.-This part applies to
1263	Sections 553.501-553.513 do not apply to any of the following:
1264	(1)  All areas of newly designed and newly constructed
1265	buildings and facilities as determined by the federal standards
1266	established and adopted pursuant to s. 553.503. Buildings,
1267	structures, or facilities that were either under construction or
1268	under contract for construction on October 1, 1997.
1269	(2)  Portions of altered buildings and facilities as
1270	determined by the federal standards established and adopted
1271	pursuant to s. 553.503. Buildings, structures, or facilities
1272	that were in existence on October 1, 1997, unless:
1273	(a)  The building, structure, or facility is being
1274	converted from residential to nonresidential or mixed use, as
1275	defined by local law;
1276	(b)  The proposed alteration or renovation of the building,
1277	structure, or facility will affect usability or accessibility to
1278	a degree that invokes the requirements of s. 303(a) of the
1279	Americans with Disabilities Act of 1990; or
1280	(c)  The original construction or any former alteration or
1281	renovation of the building, structure, or facility was carried
1282	out in violation of applicable permitting law.
1283	(3)  A building or facility that is being converted from
1284	residential to nonresidential or mixed use as defined by the
1285	Florida Building Code. Such building or facility must, at a
1286	minimum, comply with s. 553.508 and the requirements for
1287	alterations as determined by the federal standards established
1288	and adopted pursuant to s. 553.503.
1289	(4)  Buildings and facilities where the original
1290	construction or any former alteration or renovation was carried
1291	out in violation of applicable permitting law.
1292	Section 29.  Section 553.509, Florida Statutes, is amended
1293	to read:
1294	553.509  Vertical accessibility.-
1295	(1)  This part and the Americans with Disabilities Act
1296	Standards for Accessible Design do not Nothing in ss. 553.501-
1297	553.513 or the guidelines shall be construed to relieve the
1298	owner of any building, structure, or facility governed by this
1299	part those sections from the duty to provide vertical
1300	accessibility to all levels above and below the occupiable grade
1301	level, regardless of whether the standards guidelines require an
1302	elevator to be installed in such building, structure, or
1303	facility, except for:
1304	(a)  Elevator pits, elevator penthouses, mechanical rooms,
1305	piping or equipment catwalks, and automobile lubrication and
1306	maintenance pits and platforms.;
1307	(b)  Unoccupiable spaces, such as rooms, enclosed spaces,
1308	and storage spaces that are not designed for human occupancy,
1309	for public accommodations, or for work areas.; and
1310	(c)  Occupiable spaces and rooms that are not open to the
1311	public and that house no more than five persons, including, but
1312	not limited to, equipment control rooms and projection booths.
1313	(d)  Theaters, concert halls, and stadiums, or other large
1314	assembly areas that have stadium-style seating or tiered seating
1315	if ss. 221 and 802 of the standards are met.
1316	(e)  All play and recreation areas if the requirements of
1317	chapter 10 of the standards are met.
1318	(f)  All employee areas as exempted in s. 203.9 of the
1319	standards.
1320	(g)  Facilities, sites, and spaces exempted by s. 203 of
1321	the standards.
1322	(2)(a)  Any person, firm, or corporation that owns,
1323	manages, or operates a residential multifamily dwelling,
1324	including a condominium, that is at least 75 feet high and
1325	contains a public elevator, as described in s. 399.035(2) and
1326	(3) and rules adopted by the Florida Building Commission, shall
1327	have at least one public elevator that is capable of operating
1328	on an alternate power source for emergency purposes. Alternate
1329	power shall be available for the purpose of allowing all
1330	residents access for a specified number of hours each day over a
1331	5-day period following a natural disaster, manmade disaster,
1332	emergency, or other civil disturbance that disrupts the normal
1333	supply of electricity. The alternate power source that controls
1334	elevator operations must also be capable of powering any
1335	connected fire alarm system in the building.
1336	(b)  At a minimum, the elevator must be appropriately
1337	prewired and prepared to accept an alternate power source and
1338	must have a connection on the line side of the main disconnect,
1339	pursuant to National Electric Code Handbook, Article 700. In
1340	addition to the required power source for the elevator and
1341	connected fire alarm system in the building, the alternate power
1342	supply must be sufficient to provide emergency lighting to the
1343	interior lobbies, hallways, and other portions of the building
1344	used by the public. Residential multifamily dwellings must have
1345	an available generator and fuel source on the property or have
1346	proof of a current contract posted in the elevator machine room
1347	or other place conspicuous to the elevator inspector affirming a
1348	current guaranteed service contract for such equipment and fuel
1349	source to operate the elevator on an on-call basis within 24
1350	hours after a request. By December 31, 2006, any person, firm or
1351	corporation that owns, manages, or operates a residential
1352	multifamily dwelling as defined in paragraph (a) must provide to
1353	the local building inspection agency verification of engineering
1354	plans for residential multifamily dwellings that provide for the
1355	capability to generate power by alternate means. Compliance with
1356	installation requirements and operational capability
1357	requirements must be verified by local building inspectors and
1358	reported to the county emergency management agency by December
1359	31, 2007.
1360	(c)  Each newly constructed residential multifamily
1361	dwelling, including a condominium, that is at least 75 feet high
1362	and contains a public elevator, as described in s. 399.035(2)
1363	and (3) and rules adopted by the Florida Building Commission,
1364	must have at least one public elevator that is capable of
1365	operating on an alternate power source for the purpose of
1366	allowing all residents access for a specified number of hours
1367	each day over a 5-day period following a natural disaster,
1368	manmade disaster, emergency, or other civil disturbance that
1369	disrupts the normal supply of electricity. The alternate power
1370	source that controls elevator operations must be capable of
1371	powering any connected fire alarm system in the building. In
1372	addition to the required power source for the elevator and
1373	connected fire alarm system, the alternate power supply must be
1374	sufficient to provide emergency lighting to the interior
1375	lobbies, hallways, and other portions of the building used by
1376	the public. Engineering plans and verification of operational
1377	capability must be provided by the local building inspector to
1378	the county emergency management agency before occupancy of the
1379	newly constructed building.
1380	(d)  Each person, firm, or corporation that is required to
1381	maintain an alternate power source under this subsection shall
1382	maintain a written emergency operations plan that details the
1383	sequence of operations before, during, and after a natural or
1384	manmade disaster or other emergency situation. The plan must
1385	include, at a minimum, a lifesafety plan for evacuation,
1386	maintenance of the electrical and lighting supply, and
1387	provisions for the health, safety, and welfare of the residents.
1388	In addition, the owner, manager, or operator of the residential
1389	multifamily dwelling must keep written records of any contracts
1390	for alternative power generation equipment. Also, quarterly
1391	inspection records of lifesafety equipment and alternate power
1392	generation equipment must be posted in the elevator machine room
1393	or other place conspicuous to the elevator inspector, which
1394	confirm that such equipment is properly maintained and in good
1395	working condition, and copies of contracts for alternate power
1396	generation equipment shall be maintained on site for
1397	verification. The written emergency operations plan and
1398	inspection records shall also be open for periodic inspection by
1399	local and state government agencies as deemed necessary. The
1400	owner or operator must keep a generator key in a lockbox posted
1401	at or near any installed generator unit.
1402	(e)  Multistory affordable residential dwellings for
1403	persons age 62 and older that are financed or insured by the
1404	United States Department of Housing and Urban Development must
1405	make every effort to obtain grant funding from the Federal
1406	Government or the Florida Housing Finance Corporation to comply
1407	with this subsection. If an owner of such a residential dwelling
1408	cannot comply with the requirements of this subsection, the
1409	owner must develop a plan with the local emergency management
1410	agency to ensure that residents are evacuated to a place of
1411	safety in the event of a power outage resulting from a natural
1412	or manmade disaster or other emergency situation that disrupts
1413	the normal supply of electricity for an extended period of time.
1414	A place of safety may include, but is not limited to, relocation
1415	to an alternative site within the building or evacuation to a
1416	local shelter.
1417	(f)  As a part of the annual elevator inspection required
1418	under s. 399.061, certified elevator inspectors shall confirm
1419	that all installed generators required by this chapter are in
1420	working order, have current inspection records posted in the
1421	elevator machine room or other place conspicuous to the elevator
1422	inspector, and that the required generator key is present in the
1423	lockbox posted at or near the installed generator. If a building
1424	does not have an installed generator, the inspector shall
1425	confirm that the appropriate prewiring and switching
1426	capabilities are present and that a statement is posted in the
1427	elevator machine room or other place conspicuous to the elevator
1428	inspector affirming a current guaranteed contract exists for
1429	contingent services for alternate power is current for the
1430	operating period.
1431	(2)  However, buildings, structures, and facilities must,
1432	as a minimum, comply with the requirements in the Americans with
1433	Disabilities Act Standards for Accessible Design Accessibility
1434	Guidelines.
1435	Section 30.  Consistent with the federal implementation of
1436	the 2010 Americans with Disabilities Act Standards for
1437	Accessible Design, buildings and facilities in this state may be
1438	designed in conformity with the 2010 standards if the design
1439	also complies with Florida-specific requirements provided in
1440	part II of chapter 553, Florida Statutes, until the Florida
1441	Accessibility Code for Building Construction is updated to
1442	implement the changes to part II of chapter 553, Florida
1443	Statutes, as provided by this Act.
1444	Section 31.  Effective January 1, 2012, subsections (3),
1445	(7), (8), and (9) and paragraph (h) of subsection (10) of
1446	section 553.73, Florida Statutes, are amended to read:
1447	553.73  Florida Building Code.-
1448	(3)  The commission shall use the International Codes
1449	published by the International Code Council, the National
1450	Electric Code (NFPA 70), or other nationally adopted model codes
1451	and standards needed to develop the base code in Florida select
1452	from available national or international model building codes,
1453	or other available building codes and standards currently
1454	recognized by the laws of this state, to form the foundation for
1455	the Florida Building Code. The commission may modify the
1456	selected model codes and standards as needed to accommodate the
1457	specific needs of this state. Standards or criteria referenced
1458	by the selected model codes shall be similarly incorporated by
1459	reference. If a referenced standard or criterion requires
1460	amplification or modification to be appropriate for use in this
1461	state, only the amplification or modification shall be
1462	specifically set forth in the Florida Building Code. The Florida
1463	Building Commission may approve technical amendments to the
1464	code, subject to the requirements of subsections (8) and (9),
1465	after the amendments have been subject to the following
1466	conditions:
1467	(a)  The proposed amendment has been published on the
1468	commission's website for a minimum of 45 days and all the
1469	associated documentation has been made available to any
1470	interested party before any consideration by a any Technical
1471	Advisory Committee;
1472	(b)  In order for a Technical Advisory Committee to make a
1473	favorable recommendation to the commission, the proposal must
1474	receive a three-fourths vote of the members present at the
1475	Technical Advisory Committee meeting and at least half of the
1476	regular members must be present in order to conduct a meeting;
1477	(c)  After Technical Advisory Committee consideration and a
1478	recommendation for approval of any proposed amendment, the
1479	proposal must be published on the commission's website for at
1480	least not less than 45 days before any consideration by the
1481	commission; and
1482	(d)  A Any proposal may be modified by the commission based
1483	on public testimony and evidence from a public hearing held in
1484	accordance with chapter 120.
1485
1486	The commission shall incorporate within sections of the Florida
1487	Building Code provisions which address regional and local
1488	concerns and variations. The commission shall make every effort
1489	to minimize conflicts between the Florida Building Code, the
1490	Florida Fire Prevention Code, and the Life Safety Code.
1491	(7)(a)  The commission, by rule adopted pursuant to ss.
1492	120.536(1) and 120.54, shall update the Florida Building Code
1493	every 3 years. When updating the Florida Building Code, the
1494	commission shall select the most current version of the
1495	International Building Code, the International Fuel Gas Code,
1496	the International Mechanical Code, the International Plumbing
1497	Code, and the International Residential Code, all of which are
1498	adopted by the International Code Council, and the National
1499	Electrical Code, which is adopted by the National Fire
1500	Protection Association, to form the foundation codes of the
1501	updated Florida Building Code, if the version has been adopted
1502	by the applicable model code entity. The commission shall select
1503	the most current version of the International Energy
1504	Conservation Code (IECC) as a foundation code; however, the IECC
1505	shall be modified by the commission to maintain the efficiencies
1506	of the Florida Energy Efficiency Code for Building Construction
1507	adopted and amended pursuant to s. 553.901.
1508	(b)  Codes regarding noise contour lines shall be reviewed
1509	annually, and the most current federal guidelines shall be
1510	adopted.
1511	(c)  The commission may modify any portion of the
1512	foundation codes only as needed to accommodate the specific
1513	needs of this state, maintaining Florida-specific amendments
1514	previously adopted by the commission and not addressed by the
1515	updated foundation code. Standards or criteria referenced by the
1516	codes shall be incorporated by reference. If a referenced
1517	standard or criterion requires amplification or modification to
1518	be appropriate for use in this state, only the amplification or
1519	modification shall be set forth in the Florida Building Code.
1520	The commission may approve technical amendments to the updated
1521	Florida Building Code after the amendments have been subject to
1522	the conditions set forth in paragraphs (3)(a)-(d). Amendments to
1523	the foundation codes which are adopted in accordance with this
1524	subsection shall be clearly marked in printed versions of the
1525	Florida Building Code so that the fact that the provisions are
1526	Florida-specific amendments to the foundation codes is readily
1527	apparent.
1528	(d)  The commission shall further consider the commission's
1529	own interpretations, declaratory statements, appellate
1530	decisions, and approved statewide and local technical amendments
1531	and shall incorporate such interpretations, statements,
1532	decisions, and amendments into the updated Florida Building Code
1533	only to the extent that they are needed to modify the foundation
1534	codes to accommodate the specific needs of the state. A change
1535	made by an institute or standards organization to any standard
1536	or criterion that is adopted by reference in the Florida
1537	Building Code does not become effective statewide until it has
1538	been adopted by the commission. Furthermore, the edition of the
1539	Florida Building Code which is in effect on the date of
1540	application for any permit authorized by the code governs the
1541	permitted work for the life of the permit and any extension
1542	granted to the permit.
1543	(e)  A rule updating the Florida Building Code in
1544	accordance with this subsection shall take effect no sooner than
1545	6 months after publication of the updated code. Any amendment to
1546	the Florida Building Code which is adopted upon a finding by the
1547	commission that the amendment is necessary to protect the public
1548	from immediate threat of harm takes effect immediately.
1549	(f)  Provisions of the foundation codes, including those
1550	contained in referenced standards and criteria, relating to wind
1551	resistance or the prevention of water intrusion may not be
1552	modified to diminish those construction requirements; however,
1553	the commission may, subject to conditions in this subsection,
1554	modify the provisions to enhance those construction
1555	requirements.
1556	(g)  Amendments or modifications to the foundation code
1557	pursuant to this subsection shall remain effective only until
1558	the effective date of a new edition of the Florida Building Code
1559	every third year. Amendments or modifications related to state
1560	agency regulations which are adopted and integrated into an
1561	edition of the Florida Building Code shall be carried forward
1562	into the next edition of the code, subject to modification as
1563	provided in this part. If amendments that expire pursuant to
1564	this paragraph are resubmitted through the Florida Building
1565	Commission code adoption process, the amendments must
1566	specifically address whether:
1567	1.  The provisions contained in the proposed amendment are
1568	addressed in the applicable international code.
1569	2.  The amendment demonstrates by evidence or data that the
1570	geographical jurisdiction of Florida exhibits a need to
1571	strengthen the foundation code beyond the needs or regional
1572	variations addressed by the foundation code, and why the
1573	proposed amendment applies to this state.
1574	3.  The proposed amendment was submitted or attempted to be
1575	included in the foundation codes to avoid resubmission to the
1576	Florida Building Code amendment process.
1577
1578	If the proposed amendment has been addressed in the
1579	international code in a substantially equivalent manner, the
1580	Florida Building Commission may not include the proposed
1581	amendment in the foundation code.
1582	(8)  Notwithstanding the provisions of subsection (3) or
1583	subsection (7), the commission may address issues identified in
1584	this subsection by amending the code pursuant only to the rule
1585	adoption procedures contained in chapter 120. Provisions of the
1586	Florida Building Code, including those contained in referenced
1587	standards and criteria, relating to wind resistance or the
1588	prevention of water intrusion may not be amended pursuant to
1589	this subsection to diminish those construction requirements;
1590	however, the commission may, subject to conditions in this
1591	subsection, amend the provisions to enhance those construction
1592	requirements. Following the approval of any amendments to the
1593	Florida Building Code by the commission and publication of the
1594	amendments on the commission's website, authorities having
1595	jurisdiction to enforce the Florida Building Code may enforce
1596	the amendments. The commission may approve amendments that are
1597	needed to address:
1598	(a)  Conflicts within the updated code;
1599	(b)  Conflicts between the updated code and the Florida
1600	Fire Prevention Code adopted pursuant to chapter 633;
1601	(c)  The omission of previously adopted Florida-specific
1602	amendments to the updated code if such omission is not supported
1603	by a specific recommendation of a technical advisory committee
1604	or particular action by the commission;
1605	(c)(d)  Unintended results from the integration of
1606	previously adopted Florida-specific amendments with the model
1607	code;
1608	(d)(e) Equivalency of standards;
1609	(e)(f)  Changes to or inconsistencies with federal or state
1610	law; or
1611	(f)(g)  Adoption of an updated edition of the National
1612	Electrical Code if the commission finds that delay of
1613	implementing the updated edition causes undue hardship to
1614	stakeholders or otherwise threatens the public health, safety,
1615	and welfare.
1616	(9)(a)  The commission may approve technical amendments to
1617	the Florida Building Code once each year for statewide or
1618	regional application upon a finding that the amendment:
1619	1.  Is needed in order to accommodate the specific needs of
1620	this state.
1621	2.  Has a reasonable and substantial connection with the
1622	health, safety, and welfare of the general public.
1623	3.  Strengthens or improves the Florida Building Code, or
1624	in the case of innovation or new technology, will provide
1625	equivalent or better products or methods or systems of
1626	construction.
1627	4.  Does not discriminate against materials, products,
1628	methods, or systems of construction of demonstrated
1629	capabilities.
1630	5.  Does not degrade the effectiveness of the Florida
1631	Building Code.
1632
1633	Furthermore, The Florida Building Commission may approve
1634	technical amendments to the code once each year to incorporate
1635	into the Florida Building Code its own interpretations of the
1636	code which are embodied in its opinions, final orders,
1637	declaratory statements, and interpretations of hearing officer
1638	panels under s. 553.775(3)(c), but shall do so only to the
1639	extent that the incorporation of interpretations is needed to
1640	modify the foundation codes to accommodate the specific needs of
1641	this state. Amendments approved under this paragraph shall be
1642	adopted by rule pursuant to ss. 120.536(1) and 120.54, after the
1643	amendments have been subjected to the provisions of subsection
1644	(3).
1645	(b)  A proposed amendment must shall include a fiscal
1646	impact statement that which documents the costs and benefits of
1647	the proposed amendment. Criteria for the fiscal impact statement
1648	shall be established by rule by the commission and shall include
1649	the impact to local government relative to enforcement, the
1650	impact to property and building owners, and the impact as well
1651	as to industry, relative to the cost of compliance. The
1652	amendment must demonstrate by evidence or data that the state's
1653	geographical jurisdiction exhibits a need to strengthen the
1654	foundation code beyond the needs or regional variations
1655	addressed by the foundation code and why the proposed amendment
1656	applies to this state.
1657	(c)  The commission may not approve any proposed amendment
1658	that does not accurately and completely address all requirements
1659	for amendment which are set forth in this section. The
1660	commission shall require all proposed amendments and information
1661	submitted with proposed amendments to be reviewed by commission
1662	staff prior to consideration by any technical advisory
1663	committee. These reviews shall be for sufficiency only and are
1664	not intended to be qualitative in nature. Staff members shall
1665	reject any proposed amendment that fails to include a fiscal
1666	impact statement. Proposed amendments rejected by members of the
1667	staff may not be considered by the commission or any technical
1668	advisory committee.
1669	(d)  Provisions of the Florida Building Code, including
1670	those contained in referenced standards and criteria, relating
1671	to wind resistance or the prevention of water intrusion may not
1672	be amended pursuant to this subsection to diminish those
1673	construction requirements; however, the commission may, subject
1674	to conditions in this subsection, amend the provisions to
1675	enhance those construction requirements.
1676	(10)  The following buildings, structures, and facilities
1677	are exempt from the Florida Building Code as provided by law,
1678	and any further exemptions shall be as determined by the
1679	Legislature and provided by law:
1680	(h)  Storage sheds that are not designed for human
1681	habitation and that have a floor area of 720 square feet or less
1682	are not required to comply with the mandatory wind-borne-debris-
1683	impact standards of the Florida Building Code. In addition, such
1684	buildings that are 400 square feet or less and that are intended
1685	for use in conjunction with one- and two-family residences are
1686	not subject to the door height and width requirements of the
1687	Florida Building Code.
1688
1689	With the exception of paragraphs (a), (b), (c), and (f), in
1690	order to preserve the health, safety, and welfare of the public,
1691	the Florida Building Commission may, by rule adopted pursuant to
1692	chapter 120, provide for exceptions to the broad categories of
1693	buildings exempted in this section, including exceptions for
1694	application of specific sections of the code or standards
1695	adopted therein. The Department of Agriculture and Consumer
1696	Services shall have exclusive authority to adopt by rule,
1697	pursuant to chapter 120, exceptions to nonresidential farm
1698	buildings exempted in paragraph (c) when reasonably necessary to
1699	preserve public health, safety, and welfare. The exceptions must
1700	be based upon specific criteria, such as under-roof floor area,
1701	aggregate electrical service capacity, HVAC system capacity, or
1702	other building requirements. Further, the commission may
1703	recommend to the Legislature additional categories of buildings,
1704	structures, or facilities which should be exempted from the
1705	Florida Building Code, to be provided by law. The Florida
1706	Building Code does not apply to temporary housing provided by
1707	the Department of Corrections to any prisoner in the state
1708	correctional system.
1709	Section 32.  Paragraph (v) of subsection (1) of section
1710	553.74, Florida Statutes, is amended to read:
1711	553.74  Florida Building Commission.-
1712	(1)  The Florida Building Commission is created and shall
1713	be located within the Department of Community Affairs for
1714	administrative purposes. Members shall be appointed by the
1715	Governor subject to confirmation by the Senate. The commission
1716	shall be composed of 25 members, consisting of the following:
1717	(v)  One member who is a representative of the green
1718	building industry and who is a third-party commission agent, a
1719	Florida board member of the United States Green Building Council
1720	or Green Building Initiative, a professional who is accredited
1721	under the International Green Construction Code (IGCC), or a
1722	professional who is accredited under Leadership in Energy and
1723	Environmental Design (LEED) LEED-accredited professional.
1724
1725	Any person serving on the commission under paragraph (c) or
1726	paragraph (h) on October 1, 2003, and who has served less than
1727	two full terms is eligible for reappointment to the commission
1728	regardless of whether he or she meets the new qualification.
1729	Section 33.  Subsection (5) of section 553.842, Florida
1730	Statutes, is amended to read:
1731	553.842  Product evaluation and approval.-
1732	(5)  Statewide approval of products, methods, or systems of
1733	construction may be achieved by one of the following methods.
1734	One of these methods must be used by the commission to approve
1735	the following categories of products: panel walls, exterior
1736	doors, roofing, skylights, windows, shutters, and structural
1737	components as established by the commission by rule. A product
1738	may not be advertised, sold, offered, provided, distributed, or
1739	marketed as hurricane, windstorm, or impact protection from
1740	wind-borne debris from a hurricane or windstorm unless it is
1741	approved pursuant to s. 553.842 or s. 553.8425. Any person who
1742	advertises, sells, offers, provides, distributes, or markets a
1743	product as hurricane, windstorm, or impact protection from wind-
1744	borne debris without such approval is subject to the Florida
1745	Deceptive and Unfair Trade Practices Act under part II of
1746	chapter 501 brought by the enforcing authority as defined in s.
1747	501.203.
1748	(a)  Products for which the code establishes standardized
1749	testing or comparative or rational analysis methods shall be
1750	approved by submittal and validation of one of the following
1751	reports or listings indicating that the product or method or
1752	system of construction was evaluated to be in compliance with
1753	the Florida Building Code and that the product or method or
1754	system of construction is, for the purpose intended, at least
1755	equivalent to that required by the Florida Building Code:
1756	1.  A certification mark or listing of an approved
1757	certification agency, which may be used only for products for
1758	which the code designates standardized testing;
1759	2.  A test report from an approved testing laboratory;
1760	3.  A product evaluation report based upon testing or
1761	comparative or rational analysis, or a combination thereof, from
1762	an approved product evaluation entity; or
1763	4.  A product evaluation report based upon testing or
1764	comparative or rational analysis, or a combination thereof,
1765	developed and signed and sealed by a professional engineer or
1766	architect, licensed in this state.
1767
1768	A product evaluation report or a certification mark or listing
1769	of an approved certification agency which demonstrates that the
1770	product or method or system of construction complies with the
1771	Florida Building Code for the purpose intended is shall be
1772	equivalent to a test report and test procedure as referenced in
1773	the Florida Building Code. An application for state approval of
1774	a product under subparagraph 1. must be approved by the
1775	department after the commission staff or a designee verifies
1776	that the application and related documentation are complete.
1777	This verification must be completed within 10 business days
1778	after receipt of the application. Upon approval by the
1779	department, the product shall be immediately added to the list
1780	of state-approved products maintained under subsection (13).
1781	Approvals by the department shall be reviewed and ratified by
1782	the commission's program oversight committee except for a
1783	showing of good cause that a review by the full commission is
1784	necessary. The commission shall adopt rules providing means to
1785	cure deficiencies identified within submittals for products
1786	approved under this paragraph.
1787	(b)  Products, methods, or systems of construction for
1788	which there are no specific standardized testing or comparative
1789	or rational analysis methods established in the code may be
1790	approved by submittal and validation of one of the following:
1791	1.  A product evaluation report based upon testing or
1792	comparative or rational analysis, or a combination thereof, from
1793	an approved product evaluation entity indicating that the
1794	product or method or system of construction was evaluated to be
1795	in compliance with the intent of the Florida Building Code and
1796	that the product or method or system of construction is, for the
1797	purpose intended, at least equivalent to that required by the
1798	Florida Building Code; or
1799	2.  A product evaluation report based upon testing or
1800	comparative or rational analysis, or a combination thereof,
1801	developed and signed and sealed by a professional engineer or
1802	architect, licensed in this state, who certifies that the
1803	product or method or system of construction is, for the purpose
1804	intended, at least equivalent to that required by the Florida
1805	Building Code.
1806	Section 34.  Section 553.9061, Florida Statutes, is
1807	repealed.
1808	Section 35.  Subsections (3), (4), and (5) of section
1809	553.909, Florida Statutes, are amended to read:
1810	553.909  Setting requirements for appliances; exceptions.-
1811	(3)  Commercial or residential swimming pool pumps or water
1812	heaters manufactured and sold on or after December 31, 2011, for
1813	installation in this state must July 1, 2011, shall comply with
1814	the requirements of the Florida Energy Efficiency Code for
1815	Building Construction this subsection.
1816	(a)  Natural gas pool heaters shall not be equipped with
1817	constantly burning pilots.
1818	(b)  Heat pump pool heaters shall have a coefficient of
1819	performance at low temperature of not less than 4.0.
1820	(c)  The thermal efficiency of gas-fired pool heaters and
1821	oil-fired pool heaters shall not be less than 78 percent.
1822	(d)  All pool heaters shall have a readily accessible on-
1823	off switch that is mounted outside the heater and that allows
1824	shutting off the heater without adjusting the thermostat
1825	setting.
1826	(4)(a)  Residential swimming pool filtration pumps and pump
1827	motors manufactured and sold on or after December 31, 2011, for
1828	installation in this state July 1, 2011, must comply with the
1829	requirements of the Florida Energy Efficiency Code for Building
1830	Construction in this subsection.
1831	(b)  Residential filtration pool pump motors shall not be
1832	split-phase, shaded-pole, or capacitor start-induction run
1833	types.
1834	(c)  Residential filtration pool pumps and pool pump motors
1835	with a total horsepower of 1 HP or more shall have the
1836	capability of operating at two or more speeds with a low speed
1837	having a rotation rate that is no more than one-half of the
1838	motor's maximum rotation rate.
1839	(d)  Residential filtration pool pump motor controls shall
1840	have the capability of operating the pool pump at a minimum of
1841	two speeds. The default circulation speed shall be the
1842	residential filtration speed, with a higher speed override
1843	capability being for a temporary period not to exceed one normal
1844	cycle or 24 hours, whichever is less; except that circulation
1845	speed for solar pool heating systems shall be permitted to run
1846	at higher speeds during periods of usable solar heat gain.
1847	(5)  Portable electric spas manufactured and sold on or
1848	after December 31, 2011, for installation in this state must
1849	comply with the requirements of the Florida Energy Efficiency
1850	Code for Building Construction spa standby power shall not be
1851	greater than 5(V2/3) watts where V = the total volume, in
1852	gallons, when spas are measured in accordance with the spa
1853	industry test protocol.
1854	Section 36.  Paragraph (a) of subsection (2) of section
1855	627.711, Florida Statutes, is amended to read:
1856	627.711  Notice of premium discounts for hurricane loss
1857	mitigation; uniform mitigation verification inspection form.-
1858	(2)(a)  The Financial Services Commission shall develop by
1859	rule a uniform mitigation verification inspection form that
1860	shall be used by all insurers when submitted by policyholders
1861	for the purpose of factoring discounts for wind insurance. In
1862	developing the form, the commission shall seek input from
1863	insurance, construction, and building code representatives.
1864	Further, the commission shall provide guidance as to the length
1865	of time the inspection results are valid. An insurer shall
1866	accept as valid a uniform mitigation verification form signed by
1867	the following authorized mitigation inspectors:
1868	1.  A home inspector licensed under s. 468.8314 who has
1869	completed at least 3 hours of hurricane mitigation training
1870	approved by the Construction Industry Licensing Board which
1871	includes hurricane mitigation techniques and compliance with the
1872	uniform mitigation verification form and completion of a
1873	proficiency exam. Thereafter, home inspectors licensed under s.
1874	468.8314 must complete at least 2 hours of continuing education,
1875	as part of the existing licensure renewal requirements each
1876	year, related to mitigation inspection and the uniform
1877	mitigation form;
1878	2.  A building code inspector certified under s. 468.607;
1879	3.  A general, building, or residential contractor licensed
1880	under s. 489.111;
1881	4.  A professional engineer licensed under s. 471.015;
1882	5.  A professional architect licensed under s. 481.213; or
1883	6.  Any other individual or entity recognized by the
1884	insurer as possessing the necessary qualifications to properly
1885	complete a uniform mitigation verification form.
1886	Section 37.  Except as otherwise expressly provided in this
1887	act, this act shall take effect July 1, 2011.

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