Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 704
       
       
       
       
       
       
                                Barcode 332884                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/12/2012           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (1) of section 162.12, Florida
    6  Statutes, is amended to read:
    7         162.12 Notices.—
    8         (1) All notices required by this part must shall be
    9  provided to the alleged violator by:
   10         (a) Certified mail to, return receipt requested, provided
   11  if such notice is sent under this paragraph to the owner of the
   12  property in question at the address listed in the tax
   13  collector’s office for tax notices, or to and at any other
   14  address provided by the property owner in writing to the local
   15  government for the purpose of receiving notices. For property
   16  owned by a corporation, notices may be provided by certified
   17  mail, return receipt requested, to the registered agent of the
   18  corporation. If any notice sent by certified mail is not signed
   19  as received within 30 days after the date of mailing by such
   20  owner and is returned as unclaimed or refused, notice may be
   21  provided by posting as described in subparagraphs (2)(b)1. and
   22  2. and by first class mail directed to the addresses furnished
   23  to the local government with a properly executed proof of
   24  mailing or affidavit confirming the first class mailing;
   25         (b) Hand delivery by the sheriff or other law enforcement
   26  officer, code inspector, or other person designated by the local
   27  governing body;
   28         (c) Leaving the notice at the violator’s usual place of
   29  residence with any person residing therein who is above 15 years
   30  of age and informing such person of the contents of the notice;
   31  or
   32         (d) In the case of commercial premises, leaving the notice
   33  with the manager or other person in charge.
   34  
   35  Evidence that an attempt has been made to hand deliver or mail
   36  notice as provided in subsection (1), together with proof of
   37  publication or posting as provided in subsection (2), shall be
   38  sufficient to show that the notice requirements of this part
   39  have been met, without regard to whether or not the alleged
   40  violator actually received such notice.
   41         Section 2. Present paragraphs (b) through (p) of subsection
   42  (2) of section 381.0065, Florida Statutes, are redesignated as
   43  paragraphs (c) through (q), respectively, a new paragraph (b) is
   44  added to that subsection, and paragraphs (w) through (z) are
   45  added to subsection (4) of that section, to read:
   46         381.0065 Onsite sewage treatment and disposal systems;
   47  regulation.—
   48         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
   49  term:
   50         (b)1.“Bedroom” means a room that can be used for sleeping
   51  and that:
   52         a. For site-built dwellings, has a minimum of 70 square
   53  feet of conditioned space;
   54         b. For manufactured homes, is constructed according to the
   55  standards of the United States Department of Housing and Urban
   56  Development and has a minimum of 50 square feet of floor area;
   57         c. Is located along an exterior wall;
   58         d. Has a closet and a door or an entrance where a door
   59  could be reasonably installed; and
   60         e. Has an emergency means of escape and rescue opening to
   61  the outside.
   62         2. A room may not be considered a bedroom if it is used to
   63  access another room except a bathroom or closet.
   64         3. “Bedroom” does not include a hallway, bathroom, kitchen,
   65  living room, family room, dining room, den, breakfast nook,
   66  pantry, laundry room, sunroom, recreation room, media/video
   67  room, or exercise room.
   68         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
   69  construct, repair, modify, abandon, or operate an onsite sewage
   70  treatment and disposal system without first obtaining a permit
   71  approved by the department. The department may issue permits to
   72  carry out this section, but shall not make the issuance of such
   73  permits contingent upon prior approval by the Department of
   74  Environmental Protection, except that the issuance of a permit
   75  for work seaward of the coastal construction control line
   76  established under s. 161.053 shall be contingent upon receipt of
   77  any required coastal construction control line permit from the
   78  Department of Environmental Protection. A construction permit is
   79  valid for 18 months from the issuance date and may be extended
   80  by the department for one 90-day period under rules adopted by
   81  the department. A repair permit is valid for 90 days from the
   82  date of issuance. An operating permit must be obtained prior to
   83  the use of any aerobic treatment unit or if the establishment
   84  generates commercial waste. Buildings or establishments that use
   85  an aerobic treatment unit or generate commercial waste shall be
   86  inspected by the department at least annually to assure
   87  compliance with the terms of the operating permit. The operating
   88  permit for a commercial wastewater system is valid for 1 year
   89  from the date of issuance and must be renewed annually. The
   90  operating permit for an aerobic treatment unit is valid for 2
   91  years from the date of issuance and must be renewed every 2
   92  years. If all information pertaining to the siting, location,
   93  and installation conditions or repair of an onsite sewage
   94  treatment and disposal system remains the same, a construction
   95  or repair permit for the onsite sewage treatment and disposal
   96  system may be transferred to another person, if the transferee
   97  files, within 60 days after the transfer of ownership, an
   98  amended application providing all corrected information and
   99  proof of ownership of the property. There is no fee associated
  100  with the processing of this supplemental information. A person
  101  may not contract to construct, modify, alter, repair, service,
  102  abandon, or maintain any portion of an onsite sewage treatment
  103  and disposal system without being registered under part III of
  104  chapter 489. A property owner who personally performs
  105  construction, maintenance, or repairs to a system serving his or
  106  her own owner-occupied single-family residence is exempt from
  107  registration requirements for performing such construction,
  108  maintenance, or repairs on that residence, but is subject to all
  109  permitting requirements. A municipality or political subdivision
  110  of the state may not issue a building or plumbing permit for any
  111  building that requires the use of an onsite sewage treatment and
  112  disposal system unless the owner or builder has received a
  113  construction permit for such system from the department. A
  114  building or structure may not be occupied and a municipality,
  115  political subdivision, or any state or federal agency may not
  116  authorize occupancy until the department approves the final
  117  installation of the onsite sewage treatment and disposal system.
  118  A municipality or political subdivision of the state may not
  119  approve any change in occupancy or tenancy of a building that
  120  uses an onsite sewage treatment and disposal system until the
  121  department has reviewed the use of the system with the proposed
  122  change, approved the change, and amended the operating permit.
  123         (n) Evaluations for determining the seasonal high-water
  124  table elevations or the suitability of soils for the use of a
  125  new onsite sewage treatment and disposal system shall be
  126  performed by department personnel, professional engineers
  127  registered in the state, or such other persons with expertise,
  128  as defined by rule, in making such evaluations. Evaluations for
  129  determining mean annual flood lines shall be performed by those
  130  persons identified in paragraph (2)(j) (2)(i). The department
  131  shall accept evaluations submitted by professional engineers and
  132  such other persons as meet the expertise established by this
  133  section or by rule unless the department has a reasonable
  134  scientific basis for questioning the accuracy or completeness of
  135  the evaluation.
  136         (w) A permit that is approved by the department and issued
  137  for the installation, modification, or repair of an onsite
  138  sewage treatment and disposal system shall be transferred along
  139  with the title to the property in a real estate transaction. A
  140  title may not be encumbered at the time of transfer by new
  141  permit requirements by a governmental entity for an onsite
  142  sewage treatment and disposal system which differ from the
  143  permitting requirements in effect at the time the system was
  144  permitted, modified, or repaired.
  145         (x)1. An onsite sewage treatment and disposal system is not
  146  considered abandoned if the system is disconnected from a
  147  structure that was made unusable or destroyed following a
  148  disaster and was properly functioning at the time of
  149  disconnection and was not adversely affected by the disaster.
  150  The onsite sewage treatment and disposal system may be
  151  reconnected to a rebuilt structure if:
  152         a. The reconnection of the system is to the same type of
  153  structure which contains the same number of bedrooms or fewer,
  154  provided that the square footage of the structure is less than
  155  or equal to 110 percent of the original square footage of the
  156  structure that existed before the disaster;
  157         b. The system is not a sanitary nuisance; and
  158         c. The system has not been altered without prior
  159  authorization.
  160         2. An onsite sewage treatment and disposal system that
  161  serves a property that is foreclosed upon is not considered
  162  abandoned.
  163         (y) If an onsite sewage treatment and disposal system
  164  permittee receives, relies upon, and undertakes construction of
  165  a system based upon a validly issued construction permit under
  166  rules applicable at the time of construction but a change to a
  167  rule occurs after the approval of the system for construction
  168  but before the final approval of the system, the rules
  169  applicable and in effect at the time of construction approval
  170  apply at the time of final approval if fundamental site
  171  conditions have not changed between the time of construction
  172  approval and final approval.
  173         (z) A modification, replacement, or upgrade of an onsite
  174  sewage treatment and disposal system is not required for a
  175  remodeling addition to a single-family home if a bedroom is not
  176  added.
  177         Section 3. Section 468.604, Florida Statutes, is amended to
  178  read:
  179         468.604 Responsibilities of building code administrators,
  180  plans examiners, and inspectors.—
  181         (1) It is the responsibility of the building code
  182  administrator or building official to administrate, supervise,
  183  direct, enforce, or perform the permitting and inspection of
  184  construction, alteration, repair, remodeling, or demolition of
  185  structures and the installation of building systems within the
  186  boundaries of their governmental jurisdiction, when permitting
  187  is required, to ensure compliance with the Florida Building Code
  188  and any applicable local technical amendment to the Florida
  189  Building Code. The building code administrator or building
  190  official shall faithfully perform these responsibilities without
  191  interference from any person. These responsibilities include:
  192         (a) The review of construction plans to ensure compliance
  193  with all applicable sections of the code. The construction plans
  194  must be reviewed before the issuance of any building, system
  195  installation, or other construction permit. The review of
  196  construction plans must be done by the building code
  197  administrator or building official or by a person having the
  198  appropriate plans examiner license issued under this chapter.
  199         (b) The inspection of each phase of construction where a
  200  building or other construction permit has been issued. The
  201  building code administrator or building official, or a person
  202  having the appropriate building code inspector license issued
  203  under this chapter, shall inspect the construction or
  204  installation to ensure that the work is performed in accordance
  205  with applicable sections of the code.
  206         (2) It is the responsibility of the building code inspector
  207  to conduct inspections of construction, alteration, repair,
  208  remodeling, or demolition of structures and the installation of
  209  building systems, when permitting is required, to ensure
  210  compliance with the Florida Building Code and any applicable
  211  local technical amendment to the Florida Building Code. Each
  212  building code inspector must be licensed in the appropriate
  213  category as defined in s. 468.603. The building code inspector’s
  214  responsibilities must be performed under the direction of the
  215  building code administrator or building official without
  216  interference from any unlicensed person.
  217         (3) It is the responsibility of the plans examiner to
  218  conduct review of construction plans submitted in the permit
  219  application to assure compliance with the Florida Building Code
  220  and any applicable local technical amendment to the Florida
  221  Building Code. The review of construction plans must be done by
  222  the building code administrator or building official or by a
  223  person licensed in the appropriate plans examiner category as
  224  defined in s. 468.603. The plans examiner’s responsibilities
  225  must be performed under the supervision and authority of the
  226  building code administrator or building official without
  227  interference from any unlicensed person.
  228         (4)The Legislature finds that the electronic filing of
  229  construction plans will increase government efficiency, reduce
  230  costs, and increase timeliness of processing permits. If the
  231  building code administrator or building official provides for
  232  electronic filing, the construction plans, drawings,
  233  specifications, reports, final documents, or documents prepared
  234  or issued by a licensee may be dated and electronically signed
  235  and sealed by the licensee in accordance with ss. 668.001
  236  668.006 and may be transmitted electronically to the building
  237  code administrator or building official for approval.
  238         Section 4. Paragraph (c) of subsection (2) and paragraph
  239  (a) of subsection (7) of section 468.609, Florida Statutes, are
  240  amended to read:
  241         468.609 Administration of this part; standards for
  242  certification; additional categories of certification.—
  243         (2) A person may take the examination for certification as
  244  a building code inspector or plans examiner pursuant to this
  245  part if the person:
  246         (c) Meets eligibility requirements according to one of the
  247  following criteria:
  248         1. Demonstrates 5 years’ combined experience in the field
  249  of construction or a related field, building code inspection, or
  250  plans review corresponding to the certification category sought;
  251         2. Demonstrates a combination of postsecondary education in
  252  the field of construction or a related field and experience
  253  which totals 4 years, with at least 1 year of such total being
  254  experience in construction, building code inspection, or plans
  255  review;
  256         3. Demonstrates a combination of technical education in the
  257  field of construction or a related field and experience which
  258  totals 4 years, with at least 1 year of such total being
  259  experience in construction, building code inspection, or plans
  260  review;
  261         4. Currently holds a standard certificate as issued by the
  262  board, or a fire safety inspector license issued pursuant to
  263  chapter 633, and has a minimum of 2 years verifiable full-time
  264  experience in inspection or plan review and satisfactorily
  265  completes a building code inspector or plans examiner training
  266  program of not less than 200 hours in the certification category
  267  sought. The board shall establish by rule criteria for the
  268  development and implementation of the training programs; or
  269         5. Demonstrates a combination of the completion of an
  270  approved training program in the field of building code
  271  inspection or plan review and a minimum of 2 years’ experience
  272  in the field of building code inspection, plan review, fire code
  273  inspections and fire plans review of new buildings as a
  274  firesafety inspector certified under s. 633.081(2), or
  275  construction. The approved training portion of this requirement
  276  shall include proof of satisfactory completion of a training
  277  program of not less than 300 hours which is approved by the
  278  board in the chosen category of building code inspection or plan
  279  review in the certification category sought with not less than
  280  20 hours of instruction in state laws, rules, and ethics
  281  relating to professional standards of practice, duties, and
  282  responsibilities of a certificateholder. The board shall
  283  coordinate with the Building Officials Association of Florida,
  284  Inc., to establish by rule the development and implementation of
  285  the training program.
  286         (7)(a) The board may provide for the issuance of
  287  provisional certificates valid for 1 year such period, not less
  288  than 3 years nor more than 5 years, as specified by board rule,
  289  to any newly employed or promoted building code inspector or
  290  plans examiner who meets the eligibility requirements described
  291  in subsection (2) and any newly employed or promoted building
  292  code administrator who meets the eligibility requirements
  293  described in subsection (3). The provisional license may be
  294  renewed by the board for just cause; however, a provisional
  295  license is not valid for a period longer than 3 years.
  296         Section 5. Subsection (3) of section 489.105, Florida
  297  Statutes, is amended, and subsection (6) of that section is
  298  reenacted, to read:
  299         489.105 Definitions.—As used in this part:
  300         (3) “Contractor” means the person who is qualified for, and
  301  is only responsible for, the project contracted for and means,
  302  except as exempted in this part, the person who, for
  303  compensation, undertakes to, submits a bid to, or does himself
  304  or herself or by others construct, repair, alter, remodel, add
  305  to, demolish, subtract from, or improve any building or
  306  structure, including related improvements to real estate, for
  307  others or for resale to others; and whose job scope is
  308  substantially similar to the job scope described in one of the
  309  subsequent paragraphs of this subsection. For the purposes of
  310  regulation under this part, the term “demolish” applies only to
  311  demolition of steel tanks more than over 50 feet in height;
  312  towers more than over 50 feet in height; other structures more
  313  than over 50 feet in height; and all, other than buildings or
  314  residences over three stories tall; and buildings or residences
  315  over three stories tall. Contractors are subdivided into two
  316  divisions, Division I, consisting of those contractors defined
  317  in paragraphs (a)-(c), and Division II, consisting of those
  318  contractors defined in paragraphs (d)-(r):
  319         (a) “General contractor” means a contractor whose services
  320  are unlimited as to the type of work which he or she may do, who
  321  may contract for any activity requiring licensure under this
  322  part, and who may perform any work requiring licensure under
  323  this part, except as otherwise expressly provided in s. 489.113.
  324         (b) “Building contractor” means a contractor whose services
  325  are limited to construction of commercial buildings and single
  326  dwelling or multiple-dwelling residential buildings, which do
  327  not exceed three stories in height, and accessory use structures
  328  in connection therewith or a contractor whose services are
  329  limited to remodeling, repair, or improvement of any size
  330  building if the services do not affect the structural members of
  331  the building.
  332         (c) “Residential contractor” means a contractor whose
  333  services are limited to construction, remodeling, repair, or
  334  improvement of one-family, two-family, or three-family
  335  residences not exceeding two habitable stories above no more
  336  than one uninhabitable story and accessory use structures in
  337  connection therewith.
  338         (d) “Sheet metal contractor” means a contractor whose
  339  services are unlimited in the sheet metal trade and who has the
  340  experience, knowledge, and skill necessary for the manufacture,
  341  fabrication, assembling, handling, erection, installation,
  342  dismantling, conditioning, adjustment, insulation, alteration,
  343  repair, servicing, or design, if not prohibited by law, of
  344  ferrous or nonferrous metal work of U.S. No. 10 gauge or its
  345  equivalent or lighter gauge and of other materials, including,
  346  but not limited to, fiberglass, used in lieu thereof and of air
  347  handling systems, including the setting of air-handling
  348  equipment and reinforcement of same, the balancing of air
  349  handling systems, and any duct cleaning and equipment sanitizing
  350  that requires at least a partial disassembling of the system.
  351         (e) “Roofing contractor” means a contractor whose services
  352  are unlimited in the roofing trade and who has the experience,
  353  knowledge, and skill to install, maintain, repair, alter,
  354  extend, or design, if not prohibited by law, and use materials
  355  and items used in the installation, maintenance, extension, and
  356  alteration of all kinds of roofing, waterproofing, and coating,
  357  except when coating is not represented to protect, repair,
  358  waterproof, stop leaks, or extend the life of the roof. The
  359  scope of work of a roofing contractor also includes required
  360  roof-deck attachments and any repair or replacement of wood roof
  361  sheathing or fascia as needed during roof repair or replacement.
  362         (f) “Class A air-conditioning contractor” means a
  363  contractor whose services are unlimited in the execution of
  364  contracts requiring the experience, knowledge, and skill to
  365  install, maintain, repair, fabricate, alter, extend, or design,
  366  if not prohibited by law, central air-conditioning,
  367  refrigeration, heating, and ventilating systems, including duct
  368  work in connection with a complete system if such duct work is
  369  performed by the contractor as necessary to complete an air
  370  distribution system, boiler and unfired pressure vessel systems,
  371  and all appurtenances, apparatus, or equipment used in
  372  connection therewith, and any duct cleaning and equipment
  373  sanitizing that requires at least a partial disassembling of the
  374  system; to install, maintain, repair, fabricate, alter, extend,
  375  or design, if not prohibited by law, piping, insulation of
  376  pipes, vessels and ducts, pressure and process piping, and
  377  pneumatic control piping; to replace, disconnect, or reconnect
  378  power wiring on the load side of the dedicated existing
  379  electrical disconnect switch; to install, disconnect, and
  380  reconnect low voltage heating, ventilating, and air-conditioning
  381  control wiring; and to install a condensate drain from an air
  382  conditioning unit to an existing safe waste or other approved
  383  disposal other than a direct connection to a sanitary system.
  384  The scope of work for such contractor also includes any
  385  excavation work incidental thereto, but does not include any
  386  work such as liquefied petroleum or natural gas fuel lines
  387  within buildings, except for disconnecting or reconnecting
  388  changeouts of liquefied petroleum or natural gas appliances
  389  within buildings; potable water lines or connections thereto;
  390  sanitary sewer lines; swimming pool piping and filters; or
  391  electrical power wiring.
  392         (g) “Class B air-conditioning contractor” means a
  393  contractor whose services are limited to 25 tons of cooling and
  394  500,000 Btu of heating in any one system in the execution of
  395  contracts requiring the experience, knowledge, and skill to
  396  install, maintain, repair, fabricate, alter, extend, or design,
  397  if not prohibited by law, central air-conditioning,
  398  refrigeration, heating, and ventilating systems, including duct
  399  work in connection with a complete system only to the extent
  400  such duct work is performed by the contractor as necessary to
  401  complete an air-distribution system being installed under this
  402  classification, and any duct cleaning and equipment sanitizing
  403  that requires at least a partial disassembling of the system; to
  404  install, maintain, repair, fabricate, alter, extend, or design,
  405  if not prohibited by law, piping and insulation of pipes,
  406  vessels, and ducts; to replace, disconnect, or reconnect power
  407  wiring on the load side of the dedicated existing electrical
  408  disconnect switch; to install, disconnect, and reconnect low
  409  voltage heating, ventilating, and air-conditioning control
  410  wiring; and to install a condensate drain from an air
  411  conditioning unit to an existing safe waste or other approved
  412  disposal other than a direct connection to a sanitary system.
  413  The scope of work for such contractor also includes any
  414  excavation work incidental thereto, but does not include any
  415  work such as liquefied petroleum or natural gas fuel lines
  416  within buildings, except for disconnecting or reconnecting
  417  changeouts of liquefied petroleum or natural gas appliances
  418  within buildings; potable water lines or connections thereto;
  419  sanitary sewer lines; swimming pool piping and filters; or
  420  electrical power wiring.
  421         (h) “Class C air-conditioning contractor” means a
  422  contractor whose business is limited to the servicing of air
  423  conditioning, heating, or refrigeration systems, including any
  424  duct cleaning and equipment sanitizing that requires at least a
  425  partial disassembling of the system, and whose certification or
  426  registration, issued pursuant to this part, was valid on October
  427  1, 1988. Only a person who was registered or certified as a
  428  Class C air-conditioning contractor as of October 1, 1988, shall
  429  be so registered or certified after October 1, 1988. However,
  430  the board shall continue to license and regulate those Class C
  431  air-conditioning contractors who held Class C licenses before
  432  October 1, 1988.
  433         (i) “Mechanical contractor” means a contractor whose
  434  services are unlimited in the execution of contracts requiring
  435  the experience, knowledge, and skill to install, maintain,
  436  repair, fabricate, alter, extend, or design, if not prohibited
  437  by law, central air-conditioning, refrigeration, heating, and
  438  ventilating systems, including duct work in connection with a
  439  complete system if such duct work is performed by the contractor
  440  as necessary to complete an air-distribution system, boiler and
  441  unfired pressure vessel systems, lift station equipment and
  442  piping, and all appurtenances, apparatus, or equipment used in
  443  connection therewith, and any duct cleaning and equipment
  444  sanitizing that requires at least a partial disassembling of the
  445  system; to install, maintain, repair, fabricate, alter, extend,
  446  or design, if not prohibited by law, piping, insulation of
  447  pipes, vessels and ducts, pressure and process piping, pneumatic
  448  control piping, gasoline tanks and pump installations and piping
  449  for same, standpipes, air piping, vacuum line piping, oxygen
  450  lines, nitrous oxide piping, ink and chemical lines, fuel
  451  transmission lines, liquefied petroleum gas lines within
  452  buildings, and natural gas fuel lines within buildings; to
  453  replace, disconnect, or reconnect power wiring on the load side
  454  of the dedicated existing electrical disconnect switch; to
  455  install, disconnect, and reconnect low voltage heating,
  456  ventilating, and air-conditioning control wiring; and to install
  457  a condensate drain from an air-conditioning unit to an existing
  458  safe waste or other approved disposal other than a direct
  459  connection to a sanitary system. The scope of work for such
  460  contractor also includes any excavation work incidental thereto,
  461  but does not include any work such as potable water lines or
  462  connections thereto, sanitary sewer lines, swimming pool piping
  463  and filters, or electrical power wiring.
  464         (j) “Commercial pool/spa contractor” means a contractor
  465  whose scope of work involves, but is not limited to, the
  466  construction, repair, and servicing of any swimming pool, or hot
  467  tub or spa, whether public, private, or otherwise, regardless of
  468  use. The scope of work includes the installation, repair, or
  469  replacement of existing equipment, any cleaning or equipment
  470  sanitizing that requires at least a partial disassembling,
  471  excluding filter changes, and the installation of new pool/spa
  472  equipment, interior finishes, the installation of package pool
  473  heaters, the installation of all perimeter piping and filter
  474  piping, and the construction of equipment rooms or housing for
  475  pool/spa equipment, and also includes the scope of work of a
  476  swimming pool/spa servicing contractor. The scope of such work
  477  does not include direct connections to a sanitary sewer system
  478  or to potable water lines. The installation, construction,
  479  modification, or replacement of equipment permanently attached
  480  to and associated with the pool or spa for the purpose of water
  481  treatment or cleaning of the pool or spa requires licensure;
  482  however, the usage of such equipment for the purposes of water
  483  treatment or cleaning does not require licensure unless the
  484  usage involves construction, modification, or replacement of
  485  such equipment. Water treatment that does not require such
  486  equipment does not require a license. In addition, a license is
  487  not required for the cleaning of the pool or spa in a way that
  488  does not affect the structural integrity of the pool or spa or
  489  its associated equipment.
  490         (k) “Residential pool/spa contractor” means a contractor
  491  whose scope of work involves, but is not limited to, the
  492  construction, repair, and servicing of a residential swimming
  493  pool, or hot tub or spa, regardless of use. The scope of work
  494  includes the installation, repair, or replacement of existing
  495  equipment, any cleaning or equipment sanitizing that requires at
  496  least a partial disassembling, excluding filter changes, and the
  497  installation of new pool/spa equipment, interior finishes, the
  498  installation of package pool heaters, the installation of all
  499  perimeter piping and filter piping, and the construction of
  500  equipment rooms or housing for pool/spa equipment, and also
  501  includes the scope of work of a swimming pool/spa servicing
  502  contractor. The scope of such work does not include direct
  503  connections to a sanitary sewer system or to potable water
  504  lines. The installation, construction, modification, or
  505  replacement of equipment permanently attached to and associated
  506  with the pool or spa for the purpose of water treatment or
  507  cleaning of the pool or spa requires licensure; however, the
  508  usage of such equipment for the purposes of water treatment or
  509  cleaning does not require licensure unless the usage involves
  510  construction, modification, or replacement of such equipment.
  511  Water treatment that does not require such equipment does not
  512  require a license. In addition, a license is not required for
  513  the cleaning of the pool or spa in a way that does not affect
  514  the structural integrity of the pool or spa or its associated
  515  equipment.
  516         (l) “Swimming pool/spa servicing contractor” means a
  517  contractor whose scope of work involves, but is not limited to,
  518  the repair and servicing of a swimming pool, or hot tub or spa,
  519  whether public or private, or otherwise, regardless of use. The
  520  scope of work includes the repair or replacement of existing
  521  equipment, any cleaning or equipment sanitizing that requires at
  522  least a partial disassembling, excluding filter changes, and the
  523  installation of new pool/spa equipment, interior refinishing,
  524  the reinstallation or addition of pool heaters, the repair or
  525  replacement of all perimeter piping and filter piping, the
  526  repair of equipment rooms or housing for pool/spa equipment, and
  527  the substantial or complete draining of a swimming pool, or hot
  528  tub or spa, for the purpose of repair or renovation. The scope
  529  of such work does not include direct connections to a sanitary
  530  sewer system or to potable water lines. The installation,
  531  construction, modification, substantial or complete disassembly,
  532  or replacement of equipment permanently attached to and
  533  associated with the pool or spa for the purpose of water
  534  treatment or cleaning of the pool or spa requires licensure;
  535  however, the usage of such equipment for the purposes of water
  536  treatment or cleaning does not require licensure unless the
  537  usage involves construction, modification, substantial or
  538  complete disassembly, or replacement of such equipment. Water
  539  treatment that does not require such equipment does not require
  540  a license. In addition, a license is not required for the
  541  cleaning of the pool or spa in a way that does not affect the
  542  structural integrity of the pool or spa or its associated
  543  equipment.
  544         (m) “Plumbing contractor” means a contractor whose
  545  contracting business consists of the execution of contracts
  546  requiring the experience, financial means, knowledge, and skill
  547  to install, maintain, repair, alter, extend, or, if not
  548  prohibited by law, design plumbing. A plumbing contractor may
  549  install, maintain, repair, alter, extend, or, if not prohibited
  550  by law, design the following without obtaining an additional
  551  local regulatory license, certificate, or registration: sanitary
  552  drainage or storm drainage facilities; venting systems; public
  553  or private water supply systems; septic tanks; drainage and
  554  supply wells; swimming pool piping; irrigation systems; or solar
  555  heating water systems and all appurtenances, apparatus, or
  556  equipment used in connection therewith, including boilers and
  557  pressure process piping and including the installation of water,
  558  natural gas, liquefied petroleum gas and related venting, and
  559  storm and sanitary sewer lines; and water and sewer plants and
  560  substations. The scope of work of the plumbing contractor also
  561  includes the design, if not prohibited by law, and installation,
  562  maintenance, repair, alteration, or extension of air-piping,
  563  vacuum line piping, oxygen line piping, nitrous oxide piping,
  564  and all related medical gas systems; fire line standpipes and
  565  fire sprinklers if authorized by law; ink and chemical lines;
  566  fuel oil and gasoline piping and tank and pump installation,
  567  except bulk storage plants; and pneumatic control piping
  568  systems, all in a manner that complies with all plans,
  569  specifications, codes, laws, and regulations applicable. The
  570  scope of work of the plumbing contractor applies to private
  571  property and public property, including any excavation work
  572  incidental thereto, and includes the work of the specialty
  573  plumbing contractor. Such contractor shall subcontract, with a
  574  qualified contractor in the field concerned, all other work
  575  incidental to the work but which is specified as being the work
  576  of a trade other than that of a plumbing contractor. This
  577  definition does not limit the scope of work of any specialty
  578  contractor certified pursuant to s. 489.113(6), and does not
  579  require certification or registration under this part of any
  580  authorized employee of a public natural gas utility or of a
  581  private natural gas utility regulated by the Public Service
  582  Commission when disconnecting and reconnecting water lines in
  583  the servicing or replacement of an existing water heater.
  584         (n) “Underground utility and excavation contractor” means a
  585  contractor whose services are limited to the construction,
  586  installation, and repair, on public or private property, whether
  587  accomplished through open excavations or through other means,
  588  including, but not limited to, directional drilling, auger
  589  boring, jacking and boring, trenchless technologies, wet and dry
  590  taps, grouting, and slip lining, of main sanitary sewer
  591  collection systems, main water distribution systems, storm sewer
  592  collection systems, and the continuation of utility lines from
  593  the main systems to a point of termination up to and including
  594  the meter location for the individual occupancy, sewer
  595  collection systems at property line on residential or single
  596  occupancy commercial properties, or on multioccupancy properties
  597  at manhole or wye lateral extended to an invert elevation as
  598  engineered to accommodate future building sewers, water
  599  distribution systems, or storm sewer collection systems at storm
  600  sewer structures. However, an underground utility and excavation
  601  contractor may install empty underground conduits in rights-of
  602  way, easements, platted rights-of-way in new site development,
  603  and sleeves for parking lot crossings no smaller than 2 inches
  604  in diameter if each conduit system installed is designed by a
  605  licensed professional engineer or an authorized employee of a
  606  municipality, county, or public utility and the installation of
  607  such conduit does not include installation of any conductor
  608  wiring or connection to an energized electrical system. An
  609  underground utility and excavation contractor may not install
  610  piping that is an integral part of a fire protection system as
  611  defined in s. 633.021 beginning at the point where the piping is
  612  used exclusively for such system.
  613         (o) “Solar contractor” means a contractor whose services
  614  consist of the installation, alteration, repair, maintenance,
  615  relocation, or replacement of solar panels for potable solar
  616  water heating systems, swimming pool solar heating systems, and
  617  photovoltaic systems and any appurtenances, apparatus, or
  618  equipment used in connection therewith, whether public, private,
  619  or otherwise, regardless of use. A contractor, certified or
  620  registered pursuant to this chapter, is not required to become a
  621  certified or registered solar contractor or to contract with a
  622  solar contractor in order to provide services enumerated in this
  623  paragraph that are within the scope of the services such
  624  contractors may render under this part.
  625         (p) “Pollutant storage systems contractor” means a
  626  contractor whose services are limited to, and who has the
  627  experience, knowledge, and skill to install, maintain, repair,
  628  alter, extend, or design, if not prohibited by law, and use
  629  materials and items used in the installation, maintenance,
  630  extension, and alteration of, pollutant storage tanks. Any
  631  person installing a pollutant storage tank shall perform such
  632  installation in accordance with the standards adopted pursuant
  633  to s. 376.303.
  634         (q) “Glass and glazing contractor” means a contractor whose
  635  services are unlimited in the execution of contracts requiring
  636  the experience, knowledge, and skill to install, attach,
  637  maintain, repair, fabricate, alter, extend, or design, in
  638  residential and commercial applications without any height
  639  restrictions, all types of windows, glass, and mirrors, whether
  640  fixed or movable; swinging or sliding glass doors attached to
  641  existing walls, floors, columns, or other structural members of
  642  the building; glass holding or supporting mullions or horizontal
  643  bars; structurally anchored impact-resistant opening protection
  644  attached to existing building walls, floors, columns, or other
  645  structural members of the building; prefabricated glass, metal,
  646  or plastic curtain walls; storefront frames or panels; shower
  647  and tub enclosures; metal fascias; and caulking incidental to
  648  such work and assembly.
  649         (r) “Specialty contractor” means a contractor whose scope
  650  of work and responsibility is limited to a particular phase of
  651  construction established in a category adopted by board rule and
  652  whose scope is limited to a subset of the activities described
  653  in one of the paragraphs of this subsection.
  654         (6) “Contracting” means, except as exempted in this part,
  655  engaging in business as a contractor and includes, but is not
  656  limited to, performance of any of the acts as set forth in
  657  subsection (3) which define types of contractors. The attempted
  658  sale of contracting services and the negotiation or bid for a
  659  contract on these services also constitutes contracting. If the
  660  services offered require licensure or agent qualification, the
  661  offering, negotiation for a bid, or attempted sale of these
  662  services requires the corresponding licensure. However, the term
  663  “contracting” shall not extend to an individual, partnership,
  664  corporation, trust, or other legal entity that offers to sell or
  665  sells completed residences on property on which the individual
  666  or business entity has any legal or equitable interest, or to
  667  the individual or business entity that offers to sell or sells
  668  manufactured or factory-built buildings that will be completed
  669  on site on property on which either party to a contract has any
  670  legal or equitable interest, if the services of a qualified
  671  contractor certified or registered pursuant to the requirements
  672  of this chapter have been or will be retained for the purpose of
  673  constructing or completing such residences.
  674         Section 6. The amendments to s. 489.105(6), Florida
  675  Statutes, as enacted by s. 30 of chapter 2008-240, Laws of
  676  Florida, were intended to protect the sanctity of contracts for
  677  the sale of manufactured or factory-built buildings that will be
  678  completed on site and to ensure that those contracts are legal
  679  and enforceable contracts under state law. The amendments were
  680  intended to be remedial in nature, clarify existing law, and
  681  apply retroactively to any contract for the sale of manufactured
  682  or factory-built buildings that will be completed on site and
  683  otherwise comply with state law.
  684         Section 7. Paragraph (c) of subsection (5) of section
  685  489.127, Florida Statutes, is amended to read:
  686         489.127 Prohibitions; penalties.—
  687         (5) Each county or municipality may, at its option,
  688  designate one or more of its code enforcement officers, as
  689  defined in chapter 162, to enforce, as set out in this
  690  subsection, the provisions of subsection (1) and s. 489.132(1)
  691  against persons who engage in activity for which a county or
  692  municipal certificate of competency or license or state
  693  certification or registration is required.
  694         (c) The local governing body of the county or municipality
  695  is authorized to enforce codes and ordinances against unlicensed
  696  contractors under the provisions of this subsection and may
  697  enact an ordinance establishing procedures for implementing this
  698  subsection, including a schedule of penalties to be assessed by
  699  the code enforcement officer. The maximum civil penalty which
  700  may be levied shall not exceed $2,000 $500. Moneys collected
  701  pursuant to this subsection shall be retained locally, as
  702  provided for by local ordinance, and may be set aside in a
  703  specific fund to support future enforcement activities against
  704  unlicensed contractors.
  705         Section 8. Paragraph (c) of subsection (4) of section
  706  489.531, Florida Statutes, is amended to read:
  707         489.531 Prohibitions; penalties.—
  708         (4) Each county or municipality may, at its option,
  709  designate one or more of its code enforcement officers, as
  710  defined in chapter 162, to enforce, as set out in this
  711  subsection, the provisions of subsection (1) against persons who
  712  engage in activity for which county or municipal certification
  713  is required.
  714         (c) The local governing body of the county or municipality
  715  is authorized to enforce codes and ordinances against unlicensed
  716  contractors under the provisions of this section and may enact
  717  an ordinance establishing procedures for implementing this
  718  section, including a schedule of penalties to be assessed by the
  719  code enforcement officers. The maximum civil penalty which may
  720  be levied shall not exceed $2,000 $500. Moneys collected
  721  pursuant to this section shall be retained locally as provided
  722  for by local ordinance and may be set aside in a specific fund
  723  to support future enforcement activities against unlicensed
  724  contractors.
  725         Section 9. Section 553.721, Florida Statutes, is amended to
  726  read:
  727         553.721 Surcharge.—In order for the Department of Business
  728  and Professional Regulation to administer and carry out the
  729  purposes of this part and related activities, there is hereby
  730  created a surcharge, to be assessed at the rate of 1.5 percent
  731  of the permit fees associated with enforcement of the Florida
  732  Building Code as defined by the uniform account criteria and
  733  specifically the uniform account code for building permits
  734  adopted for local government financial reporting pursuant to s.
  735  218.32. The minimum amount collected on any permit issued shall
  736  be $2. The unit of government responsible for collecting a
  737  permit fee pursuant to s. 125.56(4) or s. 166.201 shall collect
  738  the such surcharge and electronically remit the funds collected
  739  to the department on a quarterly calendar basis beginning not
  740  later than December 31, 2010, for the preceding quarter, and
  741  continuing each third month thereafter. The, and such unit of
  742  government shall retain 10 percent of the surcharge collected to
  743  fund the participation of building departments in the national
  744  and state building code adoption processes and to provide
  745  education related to enforcement of the Florida Building Code.
  746  All funds remitted to the department pursuant to this section
  747  shall be deposited in the Professional Regulation Trust Fund.
  748  Funds collected from the such surcharge shall be allocated to
  749  fund used exclusively for the duties of the Florida Building
  750  Commission and the Florida Building Code Compliance and
  751  Mitigation Program under s. 553.841. Funds allocated to the
  752  Florida Building Code Compliance and Mitigation Program shall be
  753  $925,000 each fiscal year. The funds collected from the
  754  surcharge may and the Department of Business and Professional
  755  Regulation under this chapter and shall not be used to fund
  756  research on techniques for mitigation of radon in existing
  757  buildings. Funds used by the department as well as funds to be
  758  transferred to the Department of Health shall be as prescribed
  759  in the annual General Appropriations Act. The department shall
  760  adopt rules governing the collection and remittance of
  761  surcharges pursuant to in accordance with chapter 120.
  762         Section 10. Subsection (10) of section 553.73, Florida
  763  Statutes, is amended, and subsection (18) is added to that
  764  section, to read:
  765         553.73 Florida Building Code.—
  766         (10) The following buildings, structures, and facilities
  767  are exempt from the Florida Building Code as provided by law,
  768  and any further exemptions shall be as determined by the
  769  Legislature and provided by law:
  770         (a) Buildings and structures specifically regulated and
  771  preempted by the Federal Government.
  772         (b) Railroads and ancillary facilities associated with the
  773  railroad.
  774         (c) Nonresidential farm buildings on farms.
  775         (d) Temporary buildings or sheds used exclusively for
  776  construction purposes.
  777         (e) Mobile or modular structures used as temporary offices,
  778  except that the provisions of part II relating to accessibility
  779  by persons with disabilities shall apply to such mobile or
  780  modular structures.
  781         (f) Those structures or facilities of electric utilities,
  782  as defined in s. 366.02, which are directly involved in the
  783  generation, transmission, or distribution of electricity.
  784         (g) Temporary sets, assemblies, or structures used in
  785  commercial motion picture or television production, or any
  786  sound-recording equipment used in such production, on or off the
  787  premises.
  788         (h) Storage sheds that are not designed for human
  789  habitation and that have a floor area of 720 square feet or less
  790  are not required to comply with the mandatory wind-borne-debris
  791  impact standards of the Florida Building Code. In addition, such
  792  buildings that are 400 square feet or less and that are intended
  793  for use in conjunction with one- and two-family residences are
  794  not subject to the door height and width requirements of the
  795  Florida Building Code.
  796         (i) Chickees constructed by the Miccosukee Tribe of Indians
  797  of Florida or the Seminole Tribe of Florida. As used in this
  798  paragraph, the term “chickee” means an open-sided wooden hut
  799  that has a thatched roof of palm or palmetto or other
  800  traditional materials, and that does not incorporate any
  801  electrical, plumbing, or other nonwood features.
  802         (j) Family mausoleums not exceeding 250 square feet in area
  803  which are prefabricated and assembled on site or preassembled
  804  and delivered on site and have walls, roofs, and a floor
  805  constructed of granite, marble, or reinforced concrete.
  806         (k) A building or structure having less than 1,000 square
  807  feet which is constructed and owned by a natural person for
  808  hunting and which is repaired or reconstructed to the same
  809  dimension and condition as existed on January 1, 2011, if the
  810  building or structure:
  811         1. Is not rented or leased or used as a principal
  812  residence;
  813         2. Is not located within the 100-year floodplain according
  814  to the Federal Emergency Management Agency’s current Flood
  815  Insurance Rate Map; and
  816         3. Is not connected to an off-site electric power or water
  817  supply.
  818  
  819  With the exception of paragraphs (a), (b), (c), and (f), in
  820  order to preserve the health, safety, and welfare of the public,
  821  the Florida Building Commission may, by rule adopted pursuant to
  822  chapter 120, provide for exceptions to the broad categories of
  823  buildings exempted in this section, including exceptions for
  824  application of specific sections of the code or standards
  825  adopted therein. The Department of Agriculture and Consumer
  826  Services shall have exclusive authority to adopt by rule,
  827  pursuant to chapter 120, exceptions to nonresidential farm
  828  buildings exempted in paragraph (c) when reasonably necessary to
  829  preserve public health, safety, and welfare. The exceptions must
  830  be based upon specific criteria, such as under-roof floor area,
  831  aggregate electrical service capacity, HVAC system capacity, or
  832  other building requirements. Further, the commission may
  833  recommend to the Legislature additional categories of buildings,
  834  structures, or facilities which should be exempted from the
  835  Florida Building Code, to be provided by law. The Florida
  836  Building Code does not apply to temporary housing provided by
  837  the Department of Corrections to any prisoner in the state
  838  correctional system.
  839         (18) The Florida Building Commission shall adopt by rule a
  840  method of alternative screen enclosure design that requires the
  841  removal of a section of the screen in order to accommodate wind
  842  resistance and keep the screen enclosure intact. The rules for
  843  an alternative screen enclosure design must require that the
  844  contractor provide notice to the homeowner and local building
  845  department that the homeowner must cut, retract, or remove a
  846  panel of the screen from the enclosure in accordance with
  847  engineering instructions when wind speeds are expected to exceed
  848  75 miles per hour and that the contractor will provide a
  849  replacement screen at the initial point of sale to repair the
  850  screen enclosure for designs that require cutting. The Florida
  851  Building Commission shall adopt the method before October 1,
  852  2012, and incorporate the requirements into the next version of
  853  the Florida Building Code. This subsection expires upon adoption
  854  and implementation of the requirements of this subsection into
  855  the Florida Building Code.
  856         Section 11. This act shall take effect July 1, 2012.
  857  
  858  ================= T I T L E  A M E N D M E N T ================
  859         And the title is amended as follows:
  860         Delete everything before the enacting clause
  861  and insert:
  862                        A bill to be entitled                      
  863         An act relating to building construction and
  864         inspection; amending s. 162.12, F.S.; revising the
  865         authorized methods of sending notices to violators of
  866         local codes; amending s. 381.0065, F.S.; revising the
  867         definition of the term “bedroom” for purposes of
  868         requirements governing onsite sewage treatment and
  869         disposal systems; conforming cross-references;
  870         providing that a permit for the installation,
  871         modification, or repair of an onsite sewage treatment
  872         and disposal system approved by the Department of
  873         Health transfers along with the title to the property
  874         in a real estate transaction; prohibiting the
  875         transferred title from being encumbered by new permit
  876         requirements; providing criteria for an abandoned
  877         onsite sewage treatment and disposal system; providing
  878         guidelines for the reconnection of an abandoned
  879         system; providing for the applicability of rules to
  880         the construction of an onsite sewage treatment and
  881         disposal system; providing certain exemptions for a
  882         remodeled single-family home; amending s. 468.604,
  883         F.S.; authorizing a building code administrator or
  884         building official to approve the electronic filing of
  885         building plans and related documents; amending s.
  886         468.609, F.S.; revising the criteria for eligibility
  887         requirements of a building code inspector or plans
  888         examiner; revising criteria for the issuance of
  889         provisional certificates; amending s. 489.105, F.S.;
  890         revising the definition of the term “demolish” for
  891         purposes of describing the scope of work of a
  892         contractor to include all buildings or residences,
  893         rather than buildings or residences of certain
  894         heights; reenacting s. 489.105(6), F.S., relating to
  895         the definition of the term “contracting”; clarifying
  896         the intent of the Legislature in the adoption of
  897         certain amendments to s. 489.105(6), F.S., and
  898         specifying that the amendments were intended to be
  899         remedial in nature, clarify existing law, and apply
  900         retroactively to any contract for the sale of
  901         manufactured or factory-built buildings that will be
  902         completed on site and otherwise comply with the
  903         requirements under state law; amending ss. 489.127 and
  904         489.531, F.S.; increasing the maximum civil penalties
  905         that may be assessed against unlicensed contractors;
  906         amending s. 553.721, F.S.; allocating a portion of the
  907         funds derived from a surcharge on permit fees to the
  908         Florida Building Code Compliance and Mitigation
  909         Program; making technical and grammatical changes;
  910         amending s. 553.73, F.S.; exempting certain buildings
  911         or structures used for hunting from the Florida
  912         Building Code; requiring the Florida Building
  913         Commission to adopt by rule a method of alternative
  914         screen enclosure design to accommodate wind resistance
  915         and to keep the screen enclosure intact; requiring the
  916         contractor to provide certain notice to the homeowner
  917         and the local building department; requiring the rules
  918         to be incorporated into the Florida Building Code;
  919         providing for expiration of the requirement upon
  920         incorporation into the Florida Building Code;
  921         providing an effective date.