Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS/HB 7147, 1st Eng.
       
       
       
       
       
       
                                Ì547728MÎ547728                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .         Floor: SENA1/C         
             04/30/2014 01:43 PM       .      05/02/2014 01:25 PM       
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       Senator Simpson moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 162.12, Florida Statutes, is amended to
    6  read:
    7         162.12 Notices.—
    8         (1) All notices required by this part must be provided to
    9  the alleged violator by:
   10         (a) Certified mail, and at the option of the local
   11  government return receipt requested, to the address listed in
   12  the tax collector’s office for tax notices or to the address
   13  listed in the county property appraiser’s database. The local
   14  government may also provide an additional notice to any other
   15  address it may find for the property owner. For property owned
   16  by a corporation, notices may be provided by certified mail to
   17  the registered agent of the corporation. If any notice sent by
   18  certified mail is not signed as received within 30 days after
   19  the postmarked date of mailing, notice may be provided by
   20  posting as described in subparagraphs (2)(b)1. and 2.;
   21         (b) Hand delivery by the sheriff or other law enforcement
   22  officer, code inspector, or other person designated by the local
   23  governing body;
   24         (c) Leaving the notice at the violator’s usual place of
   25  residence with any person residing therein who is above 15 years
   26  of age and informing such person of the contents of the notice;
   27  or
   28         (d) In the case of commercial premises, leaving the notice
   29  with the manager or other person in charge.
   30         (2) In addition to providing notice as set forth in
   31  subsection (1), at the option of the code enforcement board or
   32  the local government, notice may be served by publication or
   33  posting, as follows:
   34         (a)1. Such notice shall be published once during each week
   35  for 4 consecutive weeks (four publications being sufficient) in
   36  a newspaper of general circulation in the county where the code
   37  enforcement board is located. The newspaper shall meet such
   38  requirements as are prescribed under chapter 50 for legal and
   39  official advertisements.
   40         2. Proof of publication shall be made as provided in ss.
   41  50.041 and 50.051.
   42         (b)1. In lieu of publication as described in paragraph (a),
   43  such notice may be posted at least 10 days prior to the hearing,
   44  or prior to the expiration of any deadline contained in the
   45  notice, in at least two locations, one of which shall be the
   46  property upon which the violation is alleged to exist and the
   47  other of which shall be, in the case of municipalities, at the
   48  primary municipal government office, and in the case of
   49  counties, at the front door of the courthouse or the main county
   50  governmental center in said county.
   51         2. Proof of posting shall be by affidavit of the person
   52  posting the notice, which affidavit shall include a copy of the
   53  notice posted and the date and places of its posting.
   54         (c) Notice by publication or posting may run concurrently
   55  with, or may follow, an attempt or attempts to provide notice by
   56  hand delivery or by mail as required under subsection (1).
   57         (3) Evidence that an attempt has been made to hand deliver
   58  or mail notice as provided in subsection (1), together with
   59  proof of publication or posting as provided in subsection (2),
   60  shall be sufficient to show that the notice requirements of this
   61  part have been met, without regard to whether or not the alleged
   62  violator actually received such notice.
   63         Section 2. Paragraph (b) of subsection (3) of section
   64  373.323, Florida Statutes, is amended to read:
   65         373.323 Licensure of water well contractors; application,
   66  qualifications, and examinations; equipment identification.—
   67         (3) An applicant who meets the following requirements shall
   68  be entitled to take the water well contractor licensure
   69  examination:
   70         (b) Has at least 2 years of experience in constructing,
   71  repairing, or abandoning water wells. Satisfactory proof of such
   72  experience shall be demonstrated by providing:
   73         1. Evidence of the length of time the applicant has been
   74  engaged in the business of the construction, repair, or
   75  abandonment of water wells as a major activity, as attested to
   76  by a letter from three of the following persons:
   77         a. a water well contractor and a letter from.
   78         b. A water well driller.
   79         c. A water well parts and equipment vendor.
   80         d. a water well inspector employed by a governmental
   81  agency.
   82         2. A list of at least 10 water wells that the applicant has
   83  constructed, repaired, or abandoned within the preceding 5
   84  years. Of these wells, at least seven must have been
   85  constructed, as defined in s. 373.303(2), by the applicant. The
   86  list shall also include:
   87         a. The name and address of the owner or owners of each
   88  well.
   89         b. The location, primary use, and approximate depth and
   90  diameter of each well that the applicant has constructed,
   91  repaired, or abandoned.
   92         c. The approximate date the construction, repair, or
   93  abandonment of each well was completed.
   94         Section 3. Paragraphs (f) through (i) of subsection (2) of
   95  section 377.6015, Florida Statutes, are redesignated as
   96  paragraphs (e) through (h), respectively, and present paragraph
   97  (e) of that section is amended, to read:
   98         377.6015 Department of Agriculture and Consumer Services;
   99  powers and duties.—
  100         (2) The department shall:
  101         (e) Represent Florida in the Southern States Energy Compact
  102  pursuant to ss. 377.71-377.712.
  103         Section 4. Paragraphs (f), (h), and (i) of subsection (2)
  104  of section 377.703, Florida Statutes, are amended to read:
  105         377.703 Additional functions of the Department of
  106  Agriculture and Consumer Services.—
  107         (2) DUTIES.—The department shall perform the following
  108  functions, unless as otherwise provided, consistent with the
  109  development of a state energy policy:
  110         (f) The department shall submit an annual report to the
  111  Governor and the Legislature reflecting its activities and
  112  making recommendations for of policies for improvement of the
  113  state’s response to energy supply and demand and its effect on
  114  the health, safety, and welfare of the residents of this state
  115  people of Florida. The report must shall include a report from
  116  the Florida Public Service Commission on electricity and natural
  117  gas and information on energy conservation programs conducted
  118  and underway in the past year and shall include recommendations
  119  for energy efficiency and conservation programs for the state,
  120  including, but not limited to, the following factors:
  121         1. Formulation of specific recommendations for improvement
  122  in the efficiency of energy utilization in governmental,
  123  residential, commercial, industrial, and transportation sectors.
  124         2. Collection and dissemination of information relating to
  125  energy efficiency and conservation.
  126         3. Development and conduct of educational and training
  127  programs relating to energy efficiency and conservation.
  128         4. An analysis of the ways in which state agencies are
  129  seeking to implement s. 377.601(2), the state energy policy, and
  130  recommendations for better fulfilling this policy.
  131         (h) The department shall promote the development and use of
  132  renewable energy resources, in conformance with chapter 187 and
  133  s. 377.601, by:
  134         1. Establishing goals and strategies for increasing the use
  135  of renewable solar energy in this state.
  136         2. Aiding and promoting the commercialization of renewable
  137  energy resources solar energy technology, in cooperation with
  138  the Florida Energy Systems Consortium, the Florida Solar Energy
  139  Center, Enterprise Florida, Inc., and any other federal, state,
  140  or local governmental agency that which may seek to promote
  141  research, development, and the demonstration of renewable solar
  142  energy equipment and technology.
  143         3. Identifying barriers to greater use of renewable energy
  144  resources solar energy systems in this state, and developing
  145  specific recommendations for overcoming identified barriers,
  146  with findings and recommendations to be submitted annually in
  147  the report to the Governor and Legislature required under
  148  paragraph (f).
  149         4. In cooperation with the Department of Environmental
  150  Protection, the Department of Transportation, the Department of
  151  Economic Opportunity, Enterprise Florida, Inc., the Florida
  152  Energy Systems Consortium, the Florida Solar Energy Center, and
  153  the Florida Solar Energy Industries Association, investigating
  154  opportunities, pursuant to the national Energy Policy Act of
  155  1992, the Housing and Community Development Act of 1992, and any
  156  subsequent federal legislation, for renewable energy resources,
  157  solar electric vehicles, and other renewable solar energy
  158  manufacturing, distribution, installation, and financing efforts
  159  that which will enhance this state’s position as the leader in
  160  renewable solar energy research, development, and use.
  161         5. Undertaking other initiatives to advance the development
  162  and use of renewable energy resources in this state.
  163  
  164  In the exercise of its responsibilities under this paragraph,
  165  the department shall seek the assistance of the renewable solar
  166  energy industry in this state and other interested parties and
  167  may is authorized to enter into contracts, retain professional
  168  consulting services, and expend funds appropriated by the
  169  Legislature for such purposes.
  170         (i) The department shall promote energy efficiency and
  171  conservation in all energy use sectors throughout the state and
  172  be shall constitute the state agency primarily responsible for
  173  this function. The Department of Management Services, in
  174  consultation with the department, shall coordinate the energy
  175  conservation programs of all state agencies and review and
  176  comment on the energy conservation programs of all state
  177  agencies.
  178         Section 5. Section 377.712, Florida Statutes, is amended to
  179  read:
  180         377.712 Florida participation.—
  181         (1)(a) The Governor shall appoint one member of the
  182  Southern States Energy Board. The member or the Governor may
  183  designate another person as the deputy or assistant to such
  184  member.
  185         (b) The Commissioner of Agriculture may appoint one member
  186  of the Southern States Energy Board. The member or the
  187  commissioner may designate another person as the assistant or
  188  deputy to such member.
  189         (c)(b) The President of the Senate shall appoint one member
  190  of the Southern States Energy Board. The member or the president
  191  may designate another person as the assistant or deputy to such
  192  member.
  193         (d)(c) The Speaker of the House of Representatives shall
  194  appoint one member of the Southern States Energy Board. The
  195  member or the speaker may designate another person as the
  196  assistant or deputy to such member.
  197         (2) Any supplementary agreement entered into under s.
  198  377.711(6) requiring the expenditure of funds may shall not
  199  become effective as to Florida until the required funds are
  200  appropriated by the Legislature.
  201         (3) Departments, agencies, and officers of this state, and
  202  its subdivisions are authorized to cooperate with the board in
  203  the furtherance of any of its activities pursuant to the
  204  compact, provided such proposed activities have been made known
  205  to, and have the approval of, either the Governor or the member
  206  appointed by the Governor Department of Health.
  207         Section 6. Section 377.801, Florida Statutes, is amended to
  208  read:
  209         377.801 Short title.—Sections 377.801-377.804 377.801
  210  377.807 may be cited as the “Florida Energy and Climate
  211  Protection Act.”
  212         Section 7. Section 377.802, Florida Statutes, is amended to
  213  read:
  214         377.802 Purpose.—This act is intended to provide incentives
  215  for Florida’s citizens, businesses, school districts, and local
  216  governments to take action to diversify the state’s energy
  217  supplies, reduce dependence on foreign oil, and mitigate the
  218  effects of climate change by providing funding for activities
  219  designed to achieve these goals. The grant programs in this act
  220  are intended to stimulate capital investment in and enhance the
  221  market for renewable energy technologies and technologies
  222  intended to diversify Florida’s energy supplies, reduce
  223  dependence on foreign oil, and combat or limit climate change
  224  impacts. This act is also intended to provide incentives for the
  225  purchase of energy-efficient appliances and rebates for solar
  226  energy equipment installations for residential and commercial
  227  buildings.
  228         Section 8. Section 377.803, Florida Statutes, is amended to
  229  read:
  230         377.803 Definitions.—As used in ss. 377.801-377.804 ss.
  231  377.801-377.807, the term:
  232         (1) “Act” means the Florida Energy and Climate Protection
  233  Act.
  234         (2) “Department” means the Department of Agriculture and
  235  Consumer Services.
  236         (3) “Person” means an individual, partnership, joint
  237  venture, private or public corporation, association, firm,
  238  public service company, or any other public or private entity.
  239         (4) “Renewable energy” means electrical, mechanical, or
  240  thermal energy produced from a method that uses one or more of
  241  the following fuels or energy sources: hydrogen, biomass, as
  242  defined in s. 366.91, solar energy, geothermal energy, wind
  243  energy, ocean energy, waste heat, or hydroelectric power.
  244         (5) “Renewable energy technology” means any technology that
  245  generates or utilizes a renewable energy resource.
  246         (6) “Solar energy system” means equipment that provides for
  247  the collection and use of incident solar energy for water
  248  heating, space heating or cooling, or other applications that
  249  would normally require a conventional source of energy such as
  250  petroleum products, natural gas, or electricity that performs
  251  primarily with solar energy. In other systems in which solar
  252  energy is used in a supplemental way, only those components that
  253  collect and transfer solar energy shall be included in this
  254  definition.
  255         (7) “Solar photovoltaic system” means a device that
  256  converts incident sunlight into electrical current.
  257         (8) “Solar thermal system” means a device that traps heat
  258  from incident sunlight in order to heat water.
  259         Section 9. Sections 377.806 and 377.807, Florida Statutes,
  260  are repealed.
  261         Section 10. Section 377.815, Florida Statutes, is created
  262  to read:
  263         377.815 Alternative fueling stations and electric vehicle
  264  charging stations.—The Department of Agriculture and Consumer
  265  Services may post information on its website relating to
  266  alternative fueling stations or electric vehicle charging
  267  stations that are available for public use in this state.
  268         (1) As used in this section, the term “alternative fuel”
  269  means nontraditional transportation fuel, such as pure methanol,
  270  ethanol, and other alcohols; blends of 85 percent or more of
  271  alcohol with gasoline; natural gas and liquid fuels domestically
  272  produced from natural gas; liquefied petroleum gas; coal-derived
  273  liquid fuels; hydrogen; electricity; pure biodiesel; fuels,
  274  other than alcohol, derived from biological materials; and P
  275  series fuels.
  276         (2) An owner or operator of an alternative fueling station
  277  that is available in this state may report the following
  278  information to the department:
  279         (a) The type of alternative fuel available;
  280         (b) The station’s name, address, or location; or
  281         (c) The fees or costs associated with the alternative fuel
  282  that is available for purchase.
  283         (3) The owner or operator of an electric vehicle charging
  284  station that is available in this state may report the following
  285  information to the department:
  286         (a) The station’s name, address, or location; or
  287         (b) The fees or costs, if any, associated with the electric
  288  vehicle charging services provided by the station.
  289         Section 11. Section 377.816, Florida Statutes, is created
  290  to read:
  291         377.816 Qualified energy conservation bond allocation.—
  292         (1) DEFINITIONS.—As used in this section, the term:
  293         (a) “Eligible issuer” means an entity that is created under
  294  or pursuant to the constitution or laws of this state and that
  295  is authorized by this state to issue bonds or enter into a
  296  lease-purchase agreement, or any other entity in this state
  297  authorized to issue qualified energy conservation bonds pursuant
  298  to the Internal Revenue Code.
  299         (b) “Office” means the Office of Energy within the
  300  Department of Agriculture and Consumer Services.
  301         (c) “Qualified energy conservation bond” means a bond
  302  described in 26 U.S.C. s. 54D(a).
  303         (d) “Qualified project” means a project eligible to be
  304  financed pursuant to 26 U.S.C. s. 54D(f).
  305         (2) ALLOCATION OF STATE VOLUME LIMITATION.—
  306         (a) The office shall establish an allocation program for
  307  allocating or reallocating the qualified energy conservation
  308  bond volume limitation provided by 26 U.S.C. s. 54D. The
  309  allocation program must provide notification of all mandatory
  310  allocations required or authorized pursuant to the Internal
  311  Revenue Code.
  312         1. All mandatory allocations pursuant to 26 U.S.C. s.
  313  54D(e)(2)(A) shall be allocated to eligible issuers as provided
  314  therein.
  315         2. An eligible issuer receiving a mandatory allocation
  316  pursuant to subparagraph 1. may elect to reallocate all or any
  317  portion of its allocation back to the state pursuant to 26
  318  U.S.C. s. 54D(e)(2)(B).
  319         (b) The office may reallocate to eligible issuers in the
  320  state any allocation that was retained by the state from the
  321  original federal allocation or any allocation that is waived by
  322  an eligible issuer pursuant to subparagraph (a)2.
  323         (c) Each eligible issuer receiving an allocation shall
  324  notify the department in writing of the amount of bonds issued
  325  and any other information relating to the bonds or the
  326  allocation at such time and in such manner as is required by the
  327  office.
  328         (d) A bond subject to the limitations provided in 26 U.S.C.
  329  s. 54D may not be issued in this state unless issued pursuant to
  330  this section.
  331         (3) INFORMATION AVAILABILITY.—The office shall determine
  332  the amount of qualified energy conservation bond allocations for
  333  each qualified issuer in this state under 26 U.S.C. s. 54D and
  334  shall make such information available upon request to any person
  335  or agency.
  336         Section 12. Section 440.103, Florida Statutes, is amended
  337  to read:
  338         440.103 Building permits; identification of minimum premium
  339  policy.—Every employer shall, as a condition to applying for and
  340  receiving a building permit, show proof and certify to the
  341  permit issuer that it has secured compensation for its employees
  342  under this chapter as provided in ss. 440.10 and 440.38. Such
  343  proof of compensation must be evidenced by a certificate of
  344  coverage issued by the carrier, a valid exemption certificate
  345  approved by the department, or a copy of the employer’s
  346  authority to self-insure and shall be presented, electronically
  347  or physically, each time the employer applies for a building
  348  permit. As provided in s. 553.79(19), for the purpose of
  349  inspection and record retention, site plans or building permits
  350  may be maintained at the worksite in the original form or in the
  351  form of an electronic copy. These plans and permits must be open
  352  to inspection by the building official or a duly authorized
  353  representative, as required by the Florida Building Code. As
  354  provided in s. 627.413(5), each certificate of coverage must
  355  show, on its face, whether or not coverage is secured under the
  356  minimum premium provisions of rules adopted by rating
  357  organizations licensed pursuant to s. 627.221. The words
  358  “minimum premium policy” or equivalent language shall be typed,
  359  printed, stamped, or legibly handwritten.
  360         Section 13. Subsection (5) of section 514.0115, Florida
  361  Statutes, is amended to read:
  362         514.0115 Exemptions from supervision or regulation;
  363  variances.—
  364         (5) The department may grant variances from any rule
  365  adopted under this chapter pursuant to procedures adopted by
  366  department rule. The department may also grant, pursuant to
  367  procedures adopted by department rule, variances from the
  368  provisions of the Florida Building Code specifically pertaining
  369  to public swimming pools and bathing places when requested by
  370  the pool owner or their representative to relieve hardship in
  371  cases involving deviations from the Florida Building Code
  372  provisions, when it is shown that the hardship was not caused
  373  intentionally by the action of the applicant, where no
  374  reasonable alternative exists, and the health and safety of the
  375  pool patrons is not at risk.
  376         Section 14. Effective October 1, 2014, section 514.03,
  377  Florida Statutes, is amended to read:
  378         514.03 Approval necessary to construct, develop, or modify
  379  public swimming pools or public bathing places.—
  380         (1) A person or public body desiring to construct, develop,
  381  or modify a public swimming pool must submit an application,
  382  containing the information required under s. 514.031(1)(a)1.-6.
  383  to the department for an operating permit before filing an
  384  application for a building permit under s. 553.79. A copy of the
  385  final inspection required under s. 514.031(1)(a)5. shall be
  386  submitted to the department upon receipt by the applicant. The
  387  application shall be deemed incomplete pursuant to s. 120.60
  388  until such copy is submitted to the department.
  389         (2) Local governments or local enforcement districts may
  390  determine compliance with the general construction standards of
  391  the Florida Building Code, pursuant to s. 553.80. Local
  392  governments or local enforcement districts may conduct plan
  393  reviews and inspections of public swimming pools and public
  394  bathing places for this purpose.
  395         Section 15. Effective October 1, 2014, paragraph (a) of
  396  subsection (1) of section 514.031, Florida Statutes, is amended,
  397  present paragraphs (b) and (c) of that subsection are
  398  redesignated as paragraphs (c) and (d), respectively, and a new
  399  paragraph (b) is added to that subsection, to read:
  400         514.031 Permit necessary to operate public swimming pool.—
  401         (1) It is unlawful for any person or public body to operate
  402  or continue to operate any public swimming pool without a valid
  403  permit from the department, such permit to be obtained in the
  404  following manner:
  405         (a) Any person or public body desiring to operate any
  406  public swimming pool shall file an application for an operating
  407  a permit with the department, on application forms provided by
  408  the department, and shall accompany such application with:
  409         1. A description of the structure, its appurtenances, and
  410  its operation.
  411         2.1.A description of the source or sources of water
  412  supply, and the amount and quality of water available and
  413  intended to be used.
  414         3.2.The method and manner of water purification,
  415  treatment, disinfection, and heating.
  416         4.3.The safety equipment and standards to be used.
  417         5. A copy of the final inspection from the local
  418  enforcement agency as defined in s. 553.71.
  419         6.4. Any other pertinent information deemed necessary by
  420  the department.
  421         (b) The applicant shall respond to a request for additional
  422  information due to an incomplete application for an operating
  423  permit pursuant to s. 120.60. Upon receipt of an application,
  424  whether complete or incomplete, as required in s. 514.03 and as
  425  set forth under this section, the department shall review and
  426  provide to the local enforcement agency and the applicant any
  427  comment or proposed modifications on the information received
  428  pursuant to subparagraphs (a)1.-6.
  429         Section 16. Paragraph (c) of subsection (1) of section
  430  553.37, Florida Statutes, is amended to read:
  431         553.37 Rules; inspections; and insignia.—
  432         (1) The Florida Building Commission shall adopt within the
  433  Florida Building Code requirements for construction or
  434  modification of manufactured buildings and building modules, to
  435  address:
  436         (c) Minimum Inspection criteria, which shall require the
  437  approved inspection agency to:
  438         1. Observe the first building built, or with regard to
  439  components, observe the first unit assembled, after
  440  certification of the manufacturer, from start to finish,
  441  inspecting all subsystems: electrical, plumbing, structural,
  442  mechanical, or thermal.
  443         2. Continue observation of the manufacturing process until
  444  the approved inspection agency determines that the
  445  manufacturer’s quality control program, in conjunction with the
  446  application of the plans approved by the approved inspection
  447  agency, will result in a building and components that meet or
  448  exceed the applicable Florida Building Code requirements.
  449         3. Thereafter, inspect each module produced during at least
  450  one point of the manufacturing process and inspect at least 75
  451  percent of the subsystems of each module: electrical, plumbing,
  452  structural, mechanical, or thermal.
  453         4. With respect to components, inspect at least 75 percent
  454  of the manufactured building components and at least 20 percent
  455  of the storage sheds that are not designed for human habitation
  456  and that have a floor area of 720 square feet or less.
  457         Section 17. Section 553.721, Florida Statutes, is amended
  458  to read:
  459         553.721 Surcharge.—In order for the Department of Business
  460  and Professional Regulation to administer and carry out the
  461  purposes of this part and related activities, there is created a
  462  surcharge, to be assessed at the rate of 1.5 percent of the
  463  permit fees associated with enforcement of the Florida Building
  464  Code as defined by the uniform account criteria and specifically
  465  the uniform account code for building permits adopted for local
  466  government financial reporting pursuant to s. 218.32. The
  467  minimum amount collected on any permit issued shall be $2. The
  468  unit of government responsible for collecting a permit fee
  469  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  470  surcharge and electronically remit the funds collected to the
  471  department on a quarterly calendar basis for the preceding
  472  quarter and continuing each third month thereafter. The unit of
  473  government shall retain 10 percent of the surcharge collected to
  474  fund the participation of building departments in the national
  475  and state building code adoption processes and to provide
  476  education related to enforcement of the Florida Building Code.
  477  All funds remitted to the department pursuant to this section
  478  shall be deposited in the Professional Regulation Trust Fund.
  479  Funds collected from the surcharge shall be allocated to fund
  480  the Florida Building Commission and the Florida Building Code
  481  Compliance and Mitigation Program under s. 553.841. Beginning in
  482  the 2013-2014 fiscal year, Funds allocated to the Florida
  483  Building Code Compliance and Mitigation Program shall be
  484  $925,000 each fiscal year. The funds collected from the
  485  surcharge may not be used to fund research on techniques for
  486  mitigation of radon in existing buildings. Funds used by the
  487  department as well as funds to be transferred to the Department
  488  of Health shall be as prescribed in the annual General
  489  Appropriations Act. The department shall adopt rules governing
  490  the collection and remittance of surcharges pursuant to chapter
  491  120.
  492         Section 18. Subsection (15) of section 553.73, Florida
  493  Statutes, is amended, and subsection (18) is added to that
  494  section, to read:
  495         553.73 Florida Building Code.—
  496         (15) An agency or local government may not require that
  497  existing mechanical equipment located on or above the surface of
  498  a roof be installed in compliance with the requirements of the
  499  Florida Building Code except when until the equipment is being
  500  required to be removed or replaced or moved during reroofing and
  501  is not in compliance with the provisions of the Florida Building
  502  Code relating to roof-mounted mechanical units.
  503         (18) In a single-family dwelling, make-up air is not
  504  required for range hood exhaust systems capable of exhausting:
  505         (a) Four hundred cubic feet per minute or less; or
  506         (b) More than 400 cubic feet per minute but no more than
  507  800 cubic feet per minute if there are no gravity vent
  508  appliances within the conditioned living space of the structure.
  509         Section 19. Subsection (1) of section 553.74, Florida
  510  Statutes, is amended to read:
  511         553.74 Florida Building Commission.—
  512         (1) The Florida Building Commission is created and located
  513  within the Department of Business and Professional Regulation
  514  for administrative purposes. Members are appointed by the
  515  Governor subject to confirmation by the Senate. The commission
  516  is composed of 27 26 members, consisting of the following:
  517         (a) One architect registered to practice in this state and
  518  actively engaged in the profession. The American Institute of
  519  Architects, Florida Section, is encouraged to recommend a list
  520  of candidates for consideration.
  521         (b) One structural engineer registered to practice in this
  522  state and actively engaged in the profession. The Florida
  523  Engineering Society is encouraged to recommend a list of
  524  candidates for consideration.
  525         (c) One air-conditioning or mechanical contractor certified
  526  to do business in this state and actively engaged in the
  527  profession. The Florida Air Conditioning Contractors
  528  Association, the Florida Refrigeration and Air Conditioning
  529  Contractors Association, and the Mechanical Contractors
  530  Association of Florida are encouraged to recommend a list of
  531  candidates for consideration.
  532         (d) One electrical contractor certified to do business in
  533  this state and actively engaged in the profession. The Florida
  534  Association of Electrical Contractors Association and the
  535  National Electrical Contractors Association, Florida Chapter,
  536  are encouraged to recommend a list of candidates for
  537  consideration.
  538         (e) One member from fire protection engineering or
  539  technology who is actively engaged in the profession. The
  540  Florida Chapter of the Society of Fire Protection Engineers and
  541  the Florida Fire Marshals and Inspectors Association are
  542  encouraged to recommend a list of candidates for consideration.
  543         (f) One general contractor certified to do business in this
  544  state and actively engaged in the profession. The Associated
  545  Builders and Contractors of Florida, the Florida Associated
  546  General Contractors Council, and the Union Contractors
  547  Association are encouraged to recommend a list of candidates for
  548  consideration.
  549         (g) One plumbing contractor licensed to do business in this
  550  state and actively engaged in the profession. The Florida
  551  Association of Plumbing, Heating, and Cooling Contractors is
  552  encouraged to recommend a list of candidates for consideration.
  553         (h) One roofing or sheet metal contractor certified to do
  554  business in this state and actively engaged in the profession.
  555  The Florida Roofing, Sheet Metal, and Air Conditioning
  556  Contractors Association and the Sheet Metal and Air Conditioning
  557  Contractors Contractors National Association are encouraged to
  558  recommend a list of candidates for consideration.
  559         (i) One residential contractor licensed to do business in
  560  this state and actively engaged in the profession. The Florida
  561  Home Builders Association is encouraged to recommend a list of
  562  candidates for consideration.
  563         (j) Three members who are municipal or district codes
  564  enforcement officials, one of whom is also a fire official. The
  565  Building Officials Association of Florida and the Florida Fire
  566  Marshals and Inspectors Association are encouraged to recommend
  567  a list of candidates for consideration.
  568         (k) One member who represents the Department of Financial
  569  Services.
  570         (l) One member who is a county codes enforcement official.
  571  The Building Officials Association of Florida is encouraged to
  572  recommend a list of candidates for consideration.
  573         (m) One member of a Florida-based organization of persons
  574  with disabilities or a nationally chartered organization of
  575  persons with disabilities with chapters in this state.
  576         (n) One member of the manufactured buildings industry who
  577  is licensed to do business in this state and is actively engaged
  578  in the industry. The Florida Manufactured Housing Association is
  579  encouraged to recommend a list of candidates for consideration.
  580         (o) One mechanical or electrical engineer registered to
  581  practice in this state and actively engaged in the profession.
  582  The Florida Engineering Society is encouraged to recommend a
  583  list of candidates for consideration.
  584         (p) One member who is a representative of a municipality or
  585  a charter county. The Florida League of Cities and the Florida
  586  Association of Counties are encouraged to recommend a list of
  587  candidates for consideration.
  588         (q) One member of the building products manufacturing
  589  industry who is authorized to do business in this state and is
  590  actively engaged in the industry. The Florida Building Material
  591  Association, the Florida Concrete and Product Products
  592  Association, and the Fenestration Manufacturers Association are
  593  encouraged to recommend a list of candidates for consideration.
  594         (r) One member who is a representative of the building
  595  owners and managers industry who is actively engaged in
  596  commercial building ownership or management. The Building Owners
  597  and Managers Association is encouraged to recommend a list of
  598  candidates for consideration.
  599         (s) One member who is a representative of the insurance
  600  industry. The Florida Insurance Council is encouraged to
  601  recommend a list of candidates for consideration.
  602         (t) One member who is a representative of public education.
  603         (u) One member who is a swimming pool contractor licensed
  604  to do business in this state and actively engaged in the
  605  profession. The Florida Swimming Pool Association and the United
  606  Pool and Spa Association are encouraged to recommend a list of
  607  candidates for consideration.
  608         (v) One member who is a representative of the green
  609  building industry and who is a third-party commission agent, a
  610  Florida board member of the United States Green Building Council
  611  or Green Building Initiative, a professional who is accredited
  612  under the International Green Construction Code (IGCC), or a
  613  professional who is accredited under Leadership in Energy and
  614  Environmental Design (LEED).
  615         (w) One member who is a representative of a natural gas
  616  distribution system and who is actively engaged in the
  617  distribution of natural gas in this state. The Florida Natural
  618  Gas Association is encouraged to recommend a list of candidates
  619  for consideration.
  620         (x) One member who is a representative of the Department of
  621  Agriculture and Consumer Services’ Office of Energy. The
  622  Commissioner of Agriculture is encouraged to recommend a list of
  623  candidates for consideration.
  624         (y)(x) One member who shall be the chair.
  625  
  626  Any person serving on the commission under paragraph (c) or
  627  paragraph (h) on October 1, 2003, and who has served less than
  628  two full terms is eligible for reappointment to the commission
  629  regardless of whether he or she meets the new qualification.
  630         Section 20. Subsection (7) is added to section 553.77,
  631  Florida Statutes, to read:
  632         553.77 Specific powers of the commission.—
  633         (7) Building officials shall recognize and enforce variance
  634  orders issued by the Department of Health pursuant to s.
  635  514.0115(5), including any conditions attached to the granting
  636  of the variance.
  637         Section 21. Section 553.775, Florida Statutes, is amended
  638  to read:
  639         553.775 Interpretations.—
  640         (1) It is the intent of the Legislature that the Florida
  641  Building Code and the Florida Accessibility Code for Building
  642  Construction be interpreted by building officials, local
  643  enforcement agencies, and the commission in a manner that
  644  protects the public safety, health, and welfare at the most
  645  reasonable cost to the consumer by ensuring uniform
  646  interpretations throughout the state and by providing processes
  647  for resolving disputes regarding interpretations of the Florida
  648  Building Code and the Florida Accessibility Code for Building
  649  Construction which are just and expeditious.
  650         (2) Local enforcement agencies, local building officials,
  651  state agencies, and the commission shall interpret provisions of
  652  the Florida Building Code and the Florida Accessibility Code for
  653  Building Construction in a manner that is consistent with
  654  declaratory statements and interpretations entered by the
  655  commission, except that conflicts between the Florida Fire
  656  Prevention Code and the Florida Building Code shall be resolved
  657  in accordance with s. 553.73(11)(c) and (d).
  658         (3) The following procedures may be invoked regarding
  659  interpretations of the Florida Building Code or the Florida
  660  Accessibility Code for Building Construction:
  661         (a) Upon written application by any substantially affected
  662  person or state agency or by a local enforcement agency, the
  663  commission shall issue declaratory statements pursuant to s.
  664  120.565 relating to the enforcement or administration by local
  665  governments of the Florida Building Code or the Florida
  666  Accessibility Code for Building Construction.
  667         (b) When requested in writing by any substantially affected
  668  person or state agency or by a local enforcement agency, the
  669  commission shall issue a declaratory statement pursuant to s.
  670  120.565 relating to this part and ss. 515.25, 515.27, 515.29,
  671  and 515.37. Actions of the commission are subject to judicial
  672  review under s. 120.68.
  673         (c) The commission shall review decisions of local building
  674  officials and local enforcement agencies regarding
  675  interpretations of the Florida Building Code or the Florida
  676  Accessibility Code for Building Construction after the local
  677  board of appeals has considered the decision, if such board
  678  exists, and if such appeals process is concluded within 25
  679  business days.
  680         1. The commission shall coordinate with the Building
  681  Officials Association of Florida, Inc., to designate panels
  682  composed of five members to hear requests to review decisions of
  683  local building officials. The members must be licensed as
  684  building code administrators under part XII of chapter 468 and
  685  must have experience interpreting and enforcing provisions of
  686  the Florida Building Code and the Florida Accessibility Code for
  687  Building Construction.
  688         2. Requests to review a decision of a local building
  689  official interpreting provisions of the Florida Building Code or
  690  the Florida Accessibility Code for Building Construction may be
  691  initiated by any substantially affected person, including an
  692  owner or builder subject to a decision of a local building
  693  official or an association of owners or builders having members
  694  who are subject to a decision of a local building official. In
  695  order to initiate review, the substantially affected person must
  696  file a petition with the commission. The commission shall adopt
  697  a form for the petition, which shall be published on the
  698  Building Code Information System. The form shall, at a minimum,
  699  require the following:
  700         a. The name and address of the county or municipality in
  701  which provisions of the Florida Building Code or the Florida
  702  Accessibility Code for Building Construction are being
  703  interpreted.
  704         b. The name and address of the local building official who
  705  has made the interpretation being appealed.
  706         c. The name, address, and telephone number of the
  707  petitioner; the name, address, and telephone number of the
  708  petitioner’s representative, if any; and an explanation of how
  709  the petitioner’s substantial interests are being affected by the
  710  local interpretation of the Florida Building Code or the Florida
  711  Accessibility Code for Building Construction.
  712         d. A statement of the provisions of the Florida Building
  713  Code or the Florida Accessibility Code for Building Construction
  714  which are being interpreted by the local building official.
  715         e. A statement of the interpretation given to provisions of
  716  the Florida Building Code or the Florida Accessibility Code for
  717  Building Construction by the local building official and the
  718  manner in which the interpretation was rendered.
  719         f. A statement of the interpretation that the petitioner
  720  contends should be given to the provisions of the Florida
  721  Building Code or the Florida Accessibility Code for Building
  722  Construction and a statement supporting the petitioner’s
  723  interpretation.
  724         g. Space for the local building official to respond in
  725  writing. The space shall, at a minimum, require the local
  726  building official to respond by providing a statement admitting
  727  or denying the statements contained in the petition and a
  728  statement of the interpretation of the provisions of the Florida
  729  Building Code or the Florida Accessibility Code for Building
  730  Construction which the local jurisdiction or the local building
  731  official contends is correct, including the basis for the
  732  interpretation.
  733         3. The petitioner shall submit the petition to the local
  734  building official, who shall place the date of receipt on the
  735  petition. The local building official shall respond to the
  736  petition in accordance with the form and shall return the
  737  petition along with his or her response to the petitioner within
  738  5 days after receipt, exclusive of Saturdays, Sundays, and legal
  739  holidays. The petitioner may file the petition with the
  740  commission at any time after the local building official
  741  provides a response. If no response is provided by the local
  742  building official, the petitioner may file the petition with the
  743  commission 10 days after submission of the petition to the local
  744  building official and shall note that the local building
  745  official did not respond.
  746         4. Upon receipt of a petition that meets the requirements
  747  of subparagraph 2., the commission shall immediately provide
  748  copies of the petition to a panel, and the commission shall
  749  publish the petition, including any response submitted by the
  750  local building official, on the Building Code Information System
  751  in a manner that allows interested persons to address the issues
  752  by posting comments.
  753         5. The panel shall conduct proceedings as necessary to
  754  resolve the issues; shall give due regard to the petitions, the
  755  response, and to comments posed on the Building Code Information
  756  System; and shall issue an interpretation regarding the
  757  provisions of the Florida Building Code or the Florida
  758  Accessibility Code for Building Construction within 21 days
  759  after the filing of the petition. The panel shall render a
  760  determination based upon the Florida Building Code or the
  761  Florida Accessibility Code for Building Construction or, if the
  762  code is ambiguous, the intent of the code. The panel’s
  763  interpretation shall be provided to the commission, which shall
  764  publish the interpretation on the Building Code Information
  765  System and in the Florida Administrative Register. The
  766  interpretation shall be considered an interpretation entered by
  767  the commission, and shall be binding upon the parties and upon
  768  all jurisdictions subject to the Florida Building Code or the
  769  Florida Accessibility Code for Building Construction, unless it
  770  is superseded by a declaratory statement issued by the Florida
  771  Building Commission or by a final order entered after an appeal
  772  proceeding conducted in accordance with subparagraph 7.
  773         6. It is the intent of the Legislature that review
  774  proceedings be completed within 21 days after the date that a
  775  petition seeking review is filed with the commission, and the
  776  time periods set forth in this paragraph may be waived only upon
  777  consent of all parties.
  778         7. Any substantially affected person may appeal an
  779  interpretation rendered by a hearing officer panel by filing a
  780  petition with the commission. Such appeals shall be initiated in
  781  accordance with chapter 120 and the uniform rules of procedure
  782  and must be filed within 30 days after publication of the
  783  interpretation on the Building Code Information System or in the
  784  Florida Administrative Register. Hearings shall be conducted
  785  pursuant to chapter 120 and the uniform rules of procedure.
  786  Decisions of the commission are subject to judicial review
  787  pursuant to s. 120.68. The final order of the commission is
  788  binding upon the parties and upon all jurisdictions subject to
  789  the Florida Building Code or the Florida Accessibility Code for
  790  Building Construction.
  791         8. The burden of proof in any proceeding initiated in
  792  accordance with subparagraph 7. is on the party who initiated
  793  the appeal.
  794         9. In any review proceeding initiated in accordance with
  795  this paragraph, including any proceeding initiated in accordance
  796  with subparagraph 7., the fact that an owner or builder has
  797  proceeded with construction may not be grounds for determining
  798  an issue to be moot if the issue is one that is likely to arise
  799  in the future.
  800  
  801  This paragraph provides the exclusive remedy for addressing
  802  requests to review local interpretations of the Florida Building
  803  Code or the Florida Accessibility Code for Building Construction
  804  and appeals from review proceedings.
  805         (d) Upon written application by any substantially affected
  806  person, contractor, or designer, or a group representing a
  807  substantially affected person, contractor, or designer, the
  808  commission shall issue or cause to be issued a formal
  809  interpretation of the Florida Building Code or the Florida
  810  Accessibility Code for Building Construction as prescribed by
  811  paragraph (c).
  812         (e) Local decisions declaring structures to be unsafe and
  813  subject to repair or demolition are not subject to review under
  814  this subsection and may not be appealed to the commission if the
  815  local governing body finds that there is an immediate danger to
  816  the health and safety of the public.
  817         (f) Upon written application by any substantially affected
  818  person, the commission shall issue a declaratory statement
  819  pursuant to s. 120.565 relating to an agency’s interpretation
  820  and enforcement of the specific provisions of the Florida
  821  Building Code or the Florida Accessibility Code for Building
  822  Construction which the agency is authorized to enforce. This
  823  subsection does not provide any powers, other than advisory, to
  824  the commission with respect to any decision of the State Fire
  825  Marshal made pursuant to chapter 633.
  826         (g) The commission may designate a commission member who
  827  has demonstrated expertise in interpreting building plans to
  828  attend each meeting of the advisory council created in s.
  829  553.512. The commission member may vary from meeting to meeting,
  830  shall serve on the council in a nonvoting capacity, and shall
  831  receive per diem and expenses as provided in s. 553.74(3).
  832         (h) The commission shall by rule establish an informal
  833  process of rendering nonbinding interpretations of the Florida
  834  Building Code and the Florida Accessibility Code for Building
  835  Construction. The commission is specifically authorized to refer
  836  interpretive issues to organizations that represent those
  837  engaged in the construction industry. The commission shall
  838  immediately implement the process before completing formal
  839  rulemaking. It is the intent of the Legislature that the
  840  commission create a process to refer questions to a small,
  841  rotating group of individuals licensed under part XII of chapter
  842  468, to which a party may pose questions regarding the
  843  interpretation of code provisions. It is the intent of the
  844  Legislature that the process provide for the expeditious
  845  resolution of the issues presented and publication of the
  846  resulting interpretation on the Building Code Information
  847  System. Such interpretations shall be advisory only and
  848  nonbinding on the parties and the commission.
  849         (4) In order to administer this section, the commission may
  850  adopt by rule and impose a fee for filing requests for
  851  declaratory statements and binding and nonbinding
  852  interpretations to recoup the cost of the proceedings which may
  853  not exceed $125 for each request for a nonbinding interpretation
  854  and $250 for each request for a binding review or
  855  interpretation. For proceedings conducted by or in coordination
  856  with a third party, the rule may provide that payment be made
  857  directly to the third party, who shall remit to the department
  858  that portion of the fee necessary to cover the costs of the
  859  department.
  860         (5) The commission may render declaratory statements in
  861  accordance with s. 120.565 relating to the provisions of the
  862  Florida Accessibility Code for Building Construction not
  863  attributable to the Americans with Disabilities Act
  864  Accessibility Guidelines. Notwithstanding the other provisions
  865  of this section, the Florida Accessibility Code for Building
  866  Construction and chapter 11 of the Florida Building Code may not
  867  be interpreted by, and are not subject to review under, any of
  868  the procedures specified in this section. This subsection has no
  869  effect upon the commission’s authority to waive the Florida
  870  Accessibility Code for Building Construction as provided by s.
  871  553.512.
  872         Section 22. Effective October 1, 2014, present subsections
  873  (11) through (18) of section 553.79, Florida Statutes, are
  874  redesignated as subsections (12) through (19), respectively, a
  875  new subsection (11) is added to that section, and present
  876  subsection (18) is amended, to read:
  877         553.79 Permits; applications; issuance; inspections.—
  878         (11) The local enforcing agency may not issue a building
  879  permit to construct, develop, or modify a public swimming pool
  880  without proof of application, whether complete or incomplete,
  881  for an operating permit pursuant to s. 514.031. A certificate of
  882  completion or occupancy may not be issued until such operating
  883  permit is issued. The local enforcing agency shall conduct their
  884  review of the building permit application upon filing and in
  885  accordance with this chapter. The local enforcing agency may
  886  confer with the Department of Health, if necessary, but may not
  887  delay the building permit application review while awaiting
  888  comment from the Department of Health.
  889         (19)(18) For the purpose of inspection and record
  890  retention, site plans or building permits for a building may be
  891  maintained in the original form or in the form of an electronic
  892  copy at the worksite. These plans and permits must be open to
  893  inspection by the building official or a duly authorized
  894  representative, as required by the Florida Building Code.
  895         Section 23. Paragraph (b) of subsection (6) of section
  896  553.80, Florida Statutes, is amended to read:
  897         553.80 Enforcement.—
  898         (6) Notwithstanding any other law, state universities,
  899  community colleges, and public school districts shall be subject
  900  to enforcement of the Florida Building Code under this part.
  901         (b) If a state university, state community college, or
  902  public school district elects to use a local government’s code
  903  enforcement offices:
  904         1. Fees charged by counties and municipalities for
  905  enforcement of the Florida Building Code on buildings,
  906  structures, and facilities of state universities, state
  907  colleges, and public school districts may not be more than the
  908  actual labor and administrative costs incurred for plans review
  909  and inspections to ensure compliance with the code.
  910         2. Counties and municipalities shall expedite building
  911  construction permitting, building plans review, and inspections
  912  of projects of state universities, state community colleges, and
  913  public schools school districts that are subject to the Florida
  914  Building Code according to guidelines established by the Florida
  915  Building Commission.
  916         3. A party substantially affected by an interpretation of
  917  the Florida Building Code by the local government’s code
  918  enforcement offices may appeal the interpretation to the local
  919  government’s board of adjustment and appeal or to the commission
  920  under s. 553.775 if no local board exists. The decision of a
  921  local board is reviewable in accordance with s. 553.775.
  922  
  923  This part may not be construed to authorize counties,
  924  municipalities, or code enforcement districts to conduct any
  925  permitting, plans review, or inspections not covered by the
  926  Florida Building Code. Any actions by counties or municipalities
  927  not in compliance with this part may be appealed to the Florida
  928  Building Commission. The commission, upon a determination that
  929  actions not in compliance with this part have delayed permitting
  930  or construction, may suspend the authority of a county,
  931  municipality, or code enforcement district to enforce the
  932  Florida Building Code on the buildings, structures, or
  933  facilities of a state university, state community college, or
  934  public school district and provide for code enforcement at the
  935  expense of the state university, state community college, or
  936  public school district.
  937         Section 24. Subsections (1) and (2) of section 553.841,
  938  Florida Statutes, are amended to read:
  939         553.841 Building code compliance and mitigation program.—
  940         (1) The Legislature finds that knowledge and understanding
  941  by persons licensed or employed in the design and construction
  942  industries of the importance and need for complying with the
  943  Florida Building Code and related laws is vital to the public
  944  health, safety, and welfare of this state, especially for
  945  protecting consumers and mitigating damage caused by hurricanes
  946  to residents and visitors to the state. The Legislature further
  947  finds that the Florida Building Code can be effective only if
  948  all participants in the design and construction industries
  949  maintain a thorough knowledge of the code, code compliance and
  950  enforcement, duties related to consumers, and changes that
  951  additions thereto which improve construction standards, project
  952  completion, and compliance of design and construction to protect
  953  against consumer harm, storm damage, and other damage.
  954  Consequently, the Legislature finds that there is a need for a
  955  program to provide ongoing education and outreach activities
  956  concerning compliance with the Florida Building Code, the
  957  Florida Fire Prevention Code, construction plan and permitting
  958  requirements, construction liens, and hurricane mitigation.
  959         (2) The Department of Business and Professional Regulation
  960  shall administer a program, designated as the Florida Building
  961  Code Compliance and Mitigation Program, to develop, coordinate,
  962  and maintain education and outreach to persons required to
  963  comply with the Florida Building Code and related provisions as
  964  specified in subsection (1) and ensure consistent education,
  965  training, and communication of the code’s requirements,
  966  including, but not limited to, methods for design and
  967  construction compliance and mitigation of storm-related damage.
  968  The program shall also operate a clearinghouse through which
  969  design, construction, and building code enforcement licensees,
  970  suppliers, and consumers in this state may find others in order
  971  to exchange information relating to mitigation and facilitate
  972  repairs in the aftermath of a natural disaster.
  973         Section 25. Section 553.883, Florida Statutes, is created
  974  to read:
  975         553.883 Smoke alarms in one-family and two-family dwellings
  976  and townhomes.—One-family and two-family dwellings and townhomes
  977  undergoing a repair, or a level 1 alteration as defined in the
  978  Florida Building Code, may use smoke alarms powered by 10-year
  979  nonremovable, nonreplaceable batteries in lieu of retrofitting
  980  such dwelling with smoke alarms powered by the dwelling’s
  981  electrical system. Effective January 1, 2015, a battery-powered
  982  smoke alarm that is newly installed or replaces an existing
  983  battery-powered smoke alarm must be powered by a nonremovable,
  984  nonreplaceable battery that powers the alarm for at least 10
  985  years. The battery requirements of this section do not apply to
  986  a fire alarm, smoke detector, smoke alarm, or ancillary
  987  component that is electronically connected as a part of a
  988  centrally monitored or supervised alarm system.
  989         Section 26. Subsection (3) of section 553.993, Florida
  990  Statutes, is amended to read:
  991         553.993 Definitions.—For purposes of this part:
  992         (3) “Building energy-efficiency rating system” means a
  993  whole building energy evaluation system that provides a reliable
  994  and scientifically-based analysis of a building’s energy
  995  consumption or energy features and allows a comparison to
  996  similar building types in similar climate zones where
  997  applicable. Specifically, the rating system shall use standard
  998  calculations, formulas, and scoring methods; be applicable
  999  nationally; compare a building to a clearly defined and
 1000  researched baseline or benchmark; require qualified
 1001  professionals to conduct the rating or assessment; and provide a
 1002  labeling and recognition program with specific criteria or
 1003  levels. Residential program benchmarks for new construction must
 1004  be consistent with national building standards. Residential
 1005  building program benchmarks for existing construction must be
 1006  consistent with national home energy rating standards. The
 1007  building energy-efficiency rating system shall require at least
 1008  one level of oversight performed by an organized and balanced
 1009  group of professionals with subject matter expertise in energy
 1010  efficiency, energy rating, and evaluation methods established by
 1011  the Residential Energy Services Network, the Commercial Energy
 1012  Services Network, the Building Performance Institute, or the
 1013  Florida Solar Energy Center.
 1014         Section 27. Subsection (15) of section 633.202, Florida
 1015  Statutes, is amended to read:
 1016         633.202 Florida Fire Prevention Code.—
 1017         (15)(a) For one-story or two-story structures that are less
 1018  than 10,000 square feet, whose occupancy is defined in the
 1019  Florida Building Code and the Florida Fire Prevention Code as
 1020  business or mercantile, a fire official shall enforce the wall
 1021  fire-rating provisions for occupancy separation as defined in
 1022  the Florida Building Code.
 1023         (16)(a)(b) A structure, located on property that is
 1024  classified for ad valorem purposes as agricultural, which is
 1025  part of a farming or ranching operation, in which the occupancy
 1026  is limited by the property owner to no more than 35 persons, and
 1027  which is not used by the public for direct sales or as an
 1028  educational outreach facility, is exempt from the Florida Fire
 1029  Prevention Code, including the national codes and Life Safety
 1030  Code incorporated by reference. This paragraph does not include
 1031  structures used for residential or assembly occupancies, as
 1032  defined in the Florida Fire Prevention Code.
 1033         (b) A tent up to 30 feet by 30 feet is exempt from the
 1034  Florida Fire Prevention Code, including the national codes
 1035  incorporated by reference.
 1036         Section 28. Subsection (1) of section 633.212, Florida
 1037  Statutes, is amended to read:
 1038         633.212 Legislative intent; informal interpretations of the
 1039  Florida Fire Prevention Code.—It is the intent of the
 1040  Legislature that the Florida Fire Prevention Code be interpreted
 1041  by fire officials and local enforcement agencies in a manner
 1042  that reasonably and cost-effectively protects the public safety,
 1043  health, and welfare; ensures uniform interpretations throughout
 1044  this state; and provides just and expeditious processes for
 1045  resolving disputes regarding such interpretations. It is the
 1046  further intent of the Legislature that such processes provide
 1047  for the expeditious resolution of the issues presented and that
 1048  the resulting interpretation of such issues be published on the
 1049  website of the division.
 1050         (1) The division shall by rule establish an informal
 1051  process of rendering nonbinding interpretations of the Florida
 1052  Fire Prevention Code. The division may contract with and refer
 1053  interpretive issues to a third party, selected based upon cost
 1054  effectiveness, quality of services to be performed, and other
 1055  performance-based criteria, which has experience in interpreting
 1056  and enforcing the Florida Fire Prevention Code. It is the intent
 1057  of the Legislature that the division establish a Fire Code
 1058  Interpretation Committee composed of seven persons and seven
 1059  alternates, equally representing each area of the state, to
 1060  which a party can pose questions regarding the interpretation of
 1061  the Florida Fire Prevention Code provisions. The alternate
 1062  member may respond to a nonbinding interpretation if a the
 1063  member notifies the Fire Code Interpretation Committee that he
 1064  or she is unable to respond.
 1065         Section 29. Except as otherwise provided in this act, this
 1066  act shall take effect July 1, 2014.
 1067  
 1068  ================= T I T L E  A M E N D M E N T ================
 1069  And the title is amended as follows:
 1070         Delete everything before the enacting clause
 1071  and insert:
 1072                        A bill to be entitled                      
 1073         An act relating to building construction policies;
 1074         amending s. 162.12, F.S.; providing an additional
 1075         method for local governments to provide notices to
 1076         alleged code enforcement violators; amending s.
 1077         373.323, F.S.; revising the requirements of an
 1078         applicant to take the water well contractor licensure
 1079         examination; amending s. 377.6015, F.S.; removing a
 1080         provision relating to representation in the Southern
 1081         States Energy Compact; amending s. 377.703, F.S.;
 1082         requiring the Department of Agriculture and Consumer
 1083         Services to include in its annual report
 1084         recommendations for energy efficiency; expanding the
 1085         promotion of the development and use of renewable
 1086         energy resources from goals related to solar energy to
 1087         renewable energy in general; requiring the department
 1088         to cooperate with the Florida Energy Systems
 1089         Consortium in the development and use of renewable
 1090         energy resources; amending s. 377.712, F.S.;
 1091         authorizing the Commissioner of Agriculture to appoint
 1092         a member to the Southern States Energy Board;
 1093         authorizing the member appointed by the Governor to
 1094         approve proposed activities relating to furtherance of
 1095         the Southern States Energy Compact; amending s.
 1096         377.801, F.S.; conforming a cross-reference; amending
 1097         s. 377.802, F.S.; amending the purpose of the Florida
 1098         Energy and Climate Protection Act; amending s.
 1099         377.803, F.S.; conforming provisions to changes made
 1100         by the act; repealing ss. 377.806 and 377.807, F.S.,
 1101         relating to the Solar Energy System Incentives Program
 1102         and the Energy-Efficient Appliance Rebate Program,
 1103         respectively; creating s. 377.815, F.S.; authorizing
 1104         the department to post on its website information
 1105         relating to alternative fueling stations or electric
 1106         vehicle charging stations; defining the term
 1107         “alternative fuel”; authorizing the owner or operator
 1108         of an alternative fueling station or an electric
 1109         vehicle charging station to report certain
 1110         information; creating s. 377.816, F.S.; defining
 1111         terms; requiring the Office of Energy to establish a
 1112         program for allocating or reallocating a federally
 1113         qualified energy conservation bond volume limitation;
 1114         providing program requirements; amending s. 440.103,
 1115         F.S.; authorizing an employer to present certain
 1116         documents electronically or physically in order to
 1117         show proof and certify to the permit issuer that it
 1118         has secured compensation for its employees;
 1119         authorizing site plans or electronically transferred
 1120         building permits to be maintained at the worksite in
 1121         their original form or by electronic copy; requiring
 1122         such plans or permits to be open to inspection by the
 1123         building official or authorized representative;
 1124         amending s. 514.0115, F.S.; authorizing the Department
 1125         of Health to grant certain variances relating to
 1126         public swimming pools and bathing places; amending s.
 1127         514.03, F.S.; requiring application for an operating
 1128         permit before filing an application for a building
 1129         permit for a public swimming pool; amending s.
 1130         514.031, F.S.; providing additional requirements for
 1131         obtaining a public swimming pool operating permit;
 1132         providing a procedure for an applicant to respond to a
 1133         request for additional information; requiring the
 1134         Department of Health to review and provide to the
 1135         local enforcement agency and the applicant any
 1136         comments or proposed modifications to information
 1137         submitted in the application; amending s. 553.37,
 1138         F.S.; specifying inspection criteria for construction
 1139         or modification of manufactured buildings or modules;
 1140         amending s. 553.721, F.S.; making a technical change;
 1141         amending s. 553.73, F.S.; authorizing an agency or
 1142         local government to require rooftop equipment to be
 1143         installed in compliance with the Florida Building Code
 1144         if the equipment is being replaced or removed during
 1145         reroofing and is not in compliance with the Florida
 1146         Building Code’s roof-mounted mechanical units
 1147         requirements; providing that make-up air is not
 1148         required for certain range hood exhaust systems;
 1149         amending s. 553.74, F.S.; adding a member to the
 1150         Florida Building Commission as a representative of the
 1151         Department of Agriculture and Consumer Services’
 1152         Office of Energy; deleting obsolete provisions;
 1153         amending s. 553.77, F.S.; requiring building officials
 1154         to recognize and enforce certain variance orders
 1155         issued by the Department of Health; amending s.
 1156         553.775, F.S.; authorizing building officials, local
 1157         enforcement agencies, and the Florida Building
 1158         Commission to interpret the Florida Accessibility Code
 1159         for Building Construction; specifying procedures for
 1160         such interpretations; deleting provisions relating to
 1161         declaratory statements and interpretations of the
 1162         Florida Accessibility Code for Building Construction,
 1163         to conform; amending s. 553.79, F.S.; prohibiting a
 1164         local enforcing agency from issuing a building permit
 1165         for a public swimming pool without proof of
 1166         application for an operating permit; requiring
 1167         issuance of an operating permit before a certificate
 1168         of completion or occupancy is issued; requiring the
 1169         local enforcing agency to review the building permit
 1170         application upon filing; authorizing such agency to
 1171         confer with the Department of Health if it doesn’t
 1172         delay review of the application; authorizing site
 1173         plans or building permits to be maintained at the
 1174         worksite in their original form or in the form of an
 1175         electronic copy; requiring the permit to be open to
 1176         inspection; amending s. 553.80, F.S.; requiring
 1177         counties and municipalities to expedite building
 1178         construction permitting, building plans review, and
 1179         inspections of projects of certain public schools,
 1180         rather than certain public school districts; amending
 1181         s. 553.841, F.S.; revising education and training
 1182         requirements of the Florida Building Code Compliance
 1183         and Mitigation Program; creating s. 553.883, F.S.;
 1184         authorizing use of smoke alarms powered by 10-year
 1185         nonremovable, nonreplaceable batteries in certain
 1186         circumstances; requiring use of such alarms by a
 1187         certain date; providing an exemption; amending s.
 1188         553.993, F.S.; redefining the term “building energy
 1189         efficiency rating system” to require consistency with
 1190         certain national standards for new construction and
 1191         existing construction; providing for oversight;
 1192         amending s. 633.202, F.S.; exempting certain tents
 1193         from the Florida Fire Prevention Code; amending s.
 1194         633.212, F.S.; removing the requirement that an
 1195         alternate member of the Fire Code Interpretation
 1196         Committee provide notice to the committee in order to
 1197         respond to a nonbinding interpretation when a member
 1198         is unable to respond; providing effective dates.