Florida Senate - 2015                             CS for SB 1232
       
       
        
       By the Committee on Health Policy; and Senator Simpson
       
       
       
       
       
       588-02725-15                                          20151232c1
    1                        A bill to be entitled                      
    2         An act relating to building codes; amending s.
    3         468.609, F.S.; revising the certification examination
    4         requirements for building code inspectors, plans
    5         examiners, and building code administrators; requiring
    6         the Florida Building Code Administrators and
    7         Inspectors Board to provide for issuance of certain
    8         provisional certificates; amending s. 489.105, F.S.;
    9         revising the term “plumbing contractor”; amending s.
   10         489.1401, F.S.; revising legislative intent with
   11         respect to the purpose of the Florida Homeowners’
   12         Construction Recovery Fund; providing legislative
   13         intent that Division II contractors set apart funds to
   14         participate in the fund; amending s. 489.1402, F.S.;
   15         revising terms; amending s. 489.141, F.S.; prohibiting
   16         certain claimants from making a claim against the
   17         recovery fund for certain contracts entered into
   18         before a specified date; amending s. 489.1425, F.S.;
   19         revising a notification provided by contractors to
   20         certain residential property owners to state that
   21         payment from the recovery fund is limited; amending s.
   22         489.143, F.S.; revising provisions concerning payments
   23         from the recovery fund; specifying claim amounts for
   24         certain contracts entered into before or after
   25         specified dates; providing aggregate caps for
   26         payments; amending s. 489.503, F.S.; exempting certain
   27         low-voltage landscape lighting from licensed
   28         electrical contractor installation requirements;
   29         amending s. 514.031, F.S.; requiring the Department of
   30         Health to conduct inspections of certain public pools
   31         with operating permits to ensure continued compliance
   32         with specified criteria; authorizing the department to
   33         adopt rules; specifying the department’s jurisdiction
   34         for purposes of inspecting certain public pools;
   35         specifying duties of local enforcement agencies
   36         regarding modifications and repairs made to certain
   37         public pools as a result of the department’s
   38         inspections; requiring the department to ensure that
   39         certain rules enforced by local enforcement agencies
   40         comply with the Florida Building Code; amending s.
   41         514.05, F.S.; specifying that the department may deny,
   42         suspend, or revoke operating permits for certain pools
   43         and bathing places if certain plans, variances, or
   44         requirements of the Florida Building Code are
   45         violated; specifying that the department may assess an
   46         administrative fine for violations by certain public
   47         pools and bathing places if certain plans, variances,
   48         or requirements of the Florida Building Code are
   49         violated; amending s. 553.721, F.S.; directing the
   50         Florida Building Code Compliance and Mitigation
   51         Program to fund, from existing resources, the
   52         recommendations made by the Building Code System
   53         Uniform Implementation Evaluation Workgroup; providing
   54         a limitation; requiring that a specified amount of
   55         funds from the surcharge be used to fund certain
   56         Florida Fire Code informal interpretations; amending
   57         s. 553.73, F.S.; authorizing local boards created to
   58         address specified issues to combine the appeals boards
   59         to create a single, local board; authorizing the
   60         appeal to a local administrative board of specified
   61         decisions made by a local fire official; specifying
   62         the decisions of the local building official and the
   63         local fire official which are subject to review;
   64         requiring the permitted installation or replacement of
   65         a water heater in a conditioned or attic space to
   66         include a water leak detection device; prohibiting the
   67         Florida Building Code from requiring more than one
   68         fire access elevator in certain buildings; amending s.
   69         553.79, F.S.; authorizing a building official to issue
   70         a permit for the construction of the foundation or any
   71         other part of a building or structure before the
   72         construction documents for the whole building or
   73         structure have been submitted; providing that the
   74         holder of such permit shall begin building at the
   75         holder’s own risk with the building operation and
   76         without assurance that a permit for the entire
   77         structure will be granted; requiring local enforcing
   78         agencies to permit and inspect modifications and
   79         repairs made to certain public pools and public
   80         bathing places as a result of the department’s
   81         inspections; amending s. 553.841, F.S.; authorizing
   82         the department to maintain, update, develop or cause
   83         to be developed code-related training and education;
   84         removing provisions related to the development of
   85         advanced courses with respect to the Florida Building
   86         Code Compliance and Mitigation Program and the
   87         accreditation of courses related to the Florida
   88         Building Code; amending s. 553.842, F.S.; providing
   89         that Underwriters Laboratories, LLC, is an approved
   90         evaluation entity; amending s. 553.908, F.S.;
   91         requiring local enforcement agencies to accept duct
   92         and air infiltration tests conducted in accordance
   93         with certain guidelines by specified individuals;
   94         amending s. 633.102, F.S.; revising terms; amending s.
   95         633.104, F.S.; defining a term; clarifying intent;
   96         amending s. 633.202, F.S.; requiring all new high-rise
   97         and existing high-rise buildings to maintain a minimum
   98         radio signal strength for fire department
   99         communications; providing a transitory period for
  100         compliance; requiring areas of refuge to be required
  101         as determined by the Florida Building Code
  102         Accessibility; prohibiting dead-end corridors within
  103         an apartment from exceeding a specified footage in
  104         specified buildings; amending s. 633.216, F.S.;
  105         requiring fire prevention plan reviewers to be
  106         certified by a specified date; authorizing the State
  107         Fire Marshal to determine alternative educational and
  108         experience requirements or certifications; creating
  109         the Calder Sloan Swimming Pool Electrical-Safety Task
  110         Force within the Florida Building Commission;
  111         specifying the purpose of the task force; providing
  112         for membership; requiring members of the task force to
  113         elect the chair; requiring the Florida Building
  114         Commission to provide staff, information, and other
  115         assistance to the task force; authorizing the
  116         reimbursement of task force members for certain
  117         expenses; requiring a report to the Governor, the
  118         President of the Senate, and the Speaker of the House
  119         of Representatives by a specified date; providing for
  120         future repeal of the task force; providing an
  121         effective date.
  122          
  123  Be It Enacted by the Legislature of the State of Florida:
  124  
  125         Section 1. Subsections (2), (3), and (7) of section
  126  468.609, Florida Statutes, are amended to read:
  127         468.609 Administration of this part; standards for
  128  certification; additional categories of certification.—
  129         (2) A person may take the examination for certification as
  130  a building code inspector or plans examiner pursuant to this
  131  part if the person:
  132         (a) Is at least 18 years of age.
  133         (b) Is of good moral character.
  134         (c) Meets eligibility requirements according to one of the
  135  following criteria:
  136         1. Demonstrates 5 years’ combined experience in the field
  137  of construction or a related field, building code inspection, or
  138  plans review corresponding to the certification category sought;
  139         2. Demonstrates a combination of postsecondary education in
  140  the field of construction or a related field and experience
  141  which totals 4 years, with at least 1 year of such total being
  142  experience in construction, building code inspection, or plans
  143  review;
  144         3. Demonstrates a combination of technical education in the
  145  field of construction or a related field and experience which
  146  totals 4 years, with at least 1 year of such total being
  147  experience in construction, building code inspection, or plans
  148  review;
  149         4. Currently holds a standard certificate as issued by the
  150  board, or a firesafety fire safety inspector license issued
  151  pursuant to chapter 633, has a minimum of 3 5 years’ verifiable
  152  full-time experience in inspection or plan review, and
  153  satisfactorily completes a building code inspector or plans
  154  examiner training program that provides at least 100 hours but
  155  not more of not less than 200 hours of cross-training in the
  156  certification category sought. The board shall establish by rule
  157  criteria for the development and implementation of the training
  158  programs. The board shall accept all classroom training offered
  159  by an approved provider if the content substantially meets the
  160  intent of the classroom component of the training program; or
  161         5. Demonstrates a combination of the completion of an
  162  approved training program in the field of building code
  163  inspection or plan review and a minimum of 2 years’ experience
  164  in the field of building code inspection, plan review, fire code
  165  inspections, and fire plans review of new buildings as a
  166  firesafety inspector certified under s. 633.216, or
  167  construction. The approved training portion of this requirement
  168  shall include proof of satisfactory completion of a training
  169  program that provides at least 200 hours but not more of not
  170  less than 300 hours of cross-training which is approved by the
  171  board in the chosen category of building code inspection or plan
  172  review in the certification category sought with at least not
  173  less than 20 hours but not more than 30 hours of instruction in
  174  state laws, rules, and ethics relating to professional standards
  175  of practice, duties, and responsibilities of a
  176  certificateholder. The board shall coordinate with the Building
  177  Officials Association of Florida, Inc., to establish by rule the
  178  development and implementation of the training program. However,
  179  the board shall accept all classroom training offered by an
  180  approved provider if the content substantially meets the intent
  181  of the classroom component of the training program; or
  182         6. Currently holds a standard certificate issued by the
  183  board or a firesafety inspector license issued pursuant to
  184  chapter 633 and:
  185         a. Has at least 5 years of verifiable full-time experience
  186  as an inspector or plans examiner in a standard certification
  187  category currently held or has a minimum of 5 years’ verifiable
  188  full-time experience as a firesafety inspector licensed pursuant
  189  to chapter 633; and
  190         b. Satisfactorily completes a building code inspector or
  191  plans examiner classroom training course or program that
  192  provides at least 40 but not more than 300 hours in the
  193  certification category sought, except for one-family and two
  194  family dwelling training programs which are required to provide
  195  at least 500 but not more than 800 hours of training as
  196  prescribed by the board. The board shall establish by rule
  197  criteria for the development and implementation of classroom
  198  training courses and programs in each certification category.
  199         (3) A person may take the examination for certification as
  200  a building code administrator pursuant to this part if the
  201  person:
  202         (a) Is at least 18 years of age.
  203         (b) Is of good moral character.
  204         (c) Meets eligibility requirements according to one of the
  205  following criteria:
  206         1. Demonstrates 7 10 years’ combined experience as an
  207  architect, engineer, plans examiner, building code inspector,
  208  firesafety inspector certified under s. 633.216, registered or
  209  certified contractor, or construction superintendent, with at
  210  least 3 5 years of such experience in supervisory positions; or
  211         2. Demonstrates a combination of postsecondary education in
  212  the field of construction or related field, no more than 5 years
  213  of which may be applied, and experience as an architect,
  214  engineer, plans examiner, building code inspector, firesafety
  215  inspector certified under s. 633.216, registered or certified
  216  contractor, or construction superintendent which totals 7 10
  217  years, with at least 3 5 years of such total being experience in
  218  supervisory positions. In addition, the applicant must have
  219  completed training consisting of at least 20 hours but not more
  220  than 30 hours of instruction in state laws, rules, and ethics
  221  relating to professional standards of practice, duties, and
  222  responsibilities of a certificateholder.
  223         (7)(a) The board shall may provide for the issuance of
  224  provisional certificates valid for 1 year, as specified by board
  225  rule, to any newly employed or promoted building code inspector
  226  or plans examiner who meets the eligibility requirements
  227  described in subsection (2) and any newly employed or promoted
  228  building code administrator who meets the eligibility
  229  requirements described in subsection (3). The provisional
  230  license may be renewed by the board for just cause; however, a
  231  provisional license is not valid for a period longer than 3
  232  years.
  233         (b) No building code administrator, plans examiner, or
  234  building code inspector may have a provisional certificate
  235  extended beyond the specified period by renewal or otherwise.
  236         (c) The board shall may provide for appropriate levels of
  237  provisional certificates and may issue these certificates with
  238  such special conditions or requirements relating to the place of
  239  employment of the person holding the certificate, the
  240  supervision of such person on a consulting or advisory basis, or
  241  other matters as the board may deem necessary to protect the
  242  public safety and health.
  243         (d) A newly employed or hired person may perform the duties
  244  of a plans examiner or building code inspector for 120 days if a
  245  provisional certificate application has been submitted if such
  246  person is under the direct supervision of a certified building
  247  code administrator who holds a standard certification and who
  248  has found such person qualified for a provisional certificate.
  249  Direct supervision and the determination of qualifications may
  250  also be provided by a building code administrator who holds a
  251  limited or provisional certificate in a county having a
  252  population of fewer than 75,000 and in a municipality located
  253  within such county.
  254         Section 2. Paragraph (m) of subsection (3) of section
  255  489.105, Florida Statutes, is amended to read:
  256         489.105 Definitions.—As used in this part:
  257         (3) “Contractor” means the person who is qualified for, and
  258  is only responsible for, the project contracted for and means,
  259  except as exempted in this part, the person who, for
  260  compensation, undertakes to, submits a bid to, or does himself
  261  or herself or by others construct, repair, alter, remodel, add
  262  to, demolish, subtract from, or improve any building or
  263  structure, including related improvements to real estate, for
  264  others or for resale to others; and whose job scope is
  265  substantially similar to the job scope described in one of the
  266  paragraphs of this subsection. For the purposes of regulation
  267  under this part, the term “demolish” applies only to demolition
  268  of steel tanks more than 50 feet in height; towers more than 50
  269  feet in height; other structures more than 50 feet in height;
  270  and all buildings or residences. Contractors are subdivided into
  271  two divisions, Division I, consisting of those contractors
  272  defined in paragraphs (a)-(c), and Division II, consisting of
  273  those contractors defined in paragraphs (d)-(q):
  274         (m) “Plumbing contractor” means a contractor whose services
  275  are unlimited in the plumbing trade and includes contracting
  276  business consisting of the execution of contracts requiring the
  277  experience, financial means, knowledge, and skill to install,
  278  maintain, repair, alter, extend, or, if not prohibited by law,
  279  design plumbing. A plumbing contractor may install, maintain,
  280  repair, alter, extend, or, if not prohibited by law, design the
  281  following without obtaining an additional local regulatory
  282  license, certificate, or registration: sanitary drainage or
  283  storm drainage facilities, water and sewer plants and
  284  substations, venting systems, public or private water supply
  285  systems, septic tanks, drainage and supply wells, swimming pool
  286  piping, irrigation systems, and solar heating water systems and
  287  all appurtenances, apparatus, or equipment used in connection
  288  therewith, including boilers and pressure process piping and
  289  including the installation of water, natural gas, liquefied
  290  petroleum gas and related venting, and storm and sanitary sewer
  291  lines. The scope of work of the plumbing contractor also
  292  includes the design, if not prohibited by law, and installation,
  293  maintenance, repair, alteration, or extension of air-piping,
  294  vacuum line piping, oxygen line piping, nitrous oxide piping,
  295  and all related medical gas systems; fire line standpipes and
  296  fire sprinklers if authorized by law; ink and chemical lines;
  297  fuel oil and gasoline piping and tank and pump installation,
  298  except bulk storage plants; and pneumatic control piping
  299  systems, all in a manner that complies with all plans,
  300  specifications, codes, laws, and regulations applicable. The
  301  scope of work of the plumbing contractor applies to private
  302  property and public property, including any excavation work
  303  incidental thereto, and includes the work of the specialty
  304  plumbing contractor. Such contractor shall subcontract, with a
  305  qualified contractor in the field concerned, all other work
  306  incidental to the work but which is specified as being the work
  307  of a trade other than that of a plumbing contractor. This
  308  definition does not limit the scope of work of any specialty
  309  contractor certified pursuant to s. 489.113(6), and does not
  310  require certification or registration under this part for a
  311  category I liquefied petroleum gas dealer, LP gas installer, or
  312  specialty installer who is licensed under chapter 527 or an of
  313  any authorized employee of a public natural gas utility or of a
  314  private natural gas utility regulated by the Public Service
  315  Commission when disconnecting and reconnecting water lines in
  316  the servicing or replacement of an existing water heater. A
  317  plumbing contractor may perform drain cleaning and clearing and
  318  install or repair rainwater catchment systems; however, a
  319  mandatory licensing requirement is not established for the
  320  performance of these specific services.
  321         Section 3. Subsections (2) and (3) of section 489.1401,
  322  Florida Statutes, are amended to read:
  323         489.1401 Legislative intent.—
  324         (2) It is the intent of the Legislature that the sole
  325  purpose of the Florida Homeowners’ Construction Recovery Fund is
  326  to compensate an any aggrieved claimant who contracted for the
  327  construction or improvement of the homeowner’s residence located
  328  within this state and who has obtained a final judgment in a any
  329  court of competent jurisdiction, was awarded restitution by the
  330  Construction Industry Licensing Board, or received an award in
  331  arbitration against a licensee on grounds of financial
  332  mismanagement or misconduct, abandoning a construction project,
  333  or making a false statement with respect to a project. Such
  334  grievance must arise and arising directly out of a any
  335  transaction conducted when the judgment debtor was licensed and
  336  must involve an act performed any of the activities enumerated
  337  under s. 489.129(1)(g), (j) or (k) on the homeowner’s residence.
  338         (3) It is the intent of the Legislature that Division I and
  339  Division II contractors set apart funds for the specific
  340  objective of participating in the fund.
  341         Section 4. Paragraphs (d), (i), (k), and (l) of subsection
  342  (1) of section 489.1402, Florida Statutes, are amended to read:
  343         489.1402 Homeowners’ Construction Recovery Fund;
  344  definitions.—
  345         (1) The following definitions apply to ss. 489.140-489.144:
  346         (d) “Contractor” means a Division I or Division II
  347  contractor performing his or her respective services described
  348  in s. 489.105(3)(a)-(q) 489.105(3)(a)-(c).
  349         (i) “Residence” means a single-family residence, an
  350  individual residential condominium or cooperative unit, or a
  351  residential building containing not more than two residential
  352  units in which the owner contracting for the improvement is
  353  residing or will reside 6 months or more each calendar year upon
  354  completion of the improvement.
  355         (k) “Same transaction” means a contract, or a any series of
  356  contracts, between a claimant and a contractor or qualified
  357  business, when such contract or contracts involve the same
  358  property or contiguous properties and are entered into either at
  359  one time or serially.
  360         (l) “Valid and current license,” for the purpose of s.
  361  489.141(2)(d), means a any license issued pursuant to this part
  362  to a licensee, including a license in an active, inactive,
  363  delinquent, or suspended status.
  364         Section 5. Subsections (1) and (2) of section 489.141,
  365  Florida Statutes, are amended to read:
  366         489.141 Conditions for recovery; eligibility.—
  367         (1) A Any claimant is eligible to seek recovery from the
  368  recovery fund after making having made a claim and exhausting
  369  the limits of any available bond, cash bond, surety, guarantee,
  370  warranty, letter of credit, or policy of insurance if, provided
  371  that each of the following conditions is satisfied:
  372         (a) The claimant has received a final judgment in a court
  373  of competent jurisdiction in this state or has received an award
  374  in arbitration or the Construction Industry Licensing Board has
  375  issued a final order directing the licensee to pay restitution
  376  to the claimant. The board may waive this requirement if:
  377         1. The claimant is unable to secure a final judgment
  378  against the licensee due to the death of the licensee; or
  379         2. The claimant has sought to have assets involving the
  380  transaction that gave rise to the claim removed from the
  381  bankruptcy proceedings so that the matter might be heard in a
  382  court of competent jurisdiction in this state and, after due
  383  diligence, the claimant is precluded by action of the bankruptcy
  384  court from securing a final judgment against the licensee.
  385         (b) The judgment, award, or restitution is based upon a
  386  violation of s. 489.129(1)(g), (j), or (k) or s. 713.35.
  387         (c) The violation was committed by a licensee.
  388         (d) The judgment, award, or restitution order specifies the
  389  actual damages suffered as a consequence of such violation.
  390         (e) The contract was executed and the violation occurred on
  391  or after July 1, 1993, and provided that:
  392         1. The claimant has caused to be issued a writ of execution
  393  upon such judgment, and the officer executing the writ has made
  394  a return showing that no personal or real property of the
  395  judgment debtor or licensee liable to be levied upon in
  396  satisfaction of the judgment can be found or that the amount
  397  realized on the sale of the judgment debtor’s or licensee’s
  398  property pursuant to such execution was insufficient to satisfy
  399  the judgment;
  400         2. If the claimant is unable to comply with subparagraph 1.
  401  for a valid reason to be determined by the board, the claimant
  402  has made all reasonable searches and inquiries to ascertain
  403  whether the judgment debtor or licensee is possessed of real or
  404  personal property or other assets subject to being sold or
  405  applied in satisfaction of the judgment and by his or her search
  406  has discovered no property or assets or has discovered property
  407  and assets and has taken all necessary action and proceedings
  408  for the application thereof to the judgment but the amount
  409  thereby realized was insufficient to satisfy the judgment; and
  410         3. The claimant has made a diligent attempt, as defined by
  411  board rule, to collect the restitution awarded by the board.
  412         (f) A claim for recovery is made within 1 year after the
  413  conclusion of any civil, criminal, or administrative action or
  414  award in arbitration based on the act. This paragraph applies to
  415  any claim filed with the board after October 1, 1998.
  416         (g) Any amounts recovered by the claimant from the judgment
  417  debtor or licensee, or from any other source, have been applied
  418  to the damages awarded by the court or the amount of restitution
  419  ordered by the board.
  420         (h) The claimant is not a person who is precluded by this
  421  act from making a claim for recovery.
  422         (2) A claimant is not qualified to make a claim for
  423  recovery from the recovery fund, if:
  424         (a) The claimant is the spouse of the judgment debtor or
  425  licensee or a personal representative of such spouse;
  426         (b) The claimant is a licensee who acted as the contractor
  427  in the transaction that which is the subject of the claim;
  428         (c) The claim is based upon a construction contract in
  429  which the licensee was acting with respect to the property owned
  430  or controlled by the licensee;
  431         (d) The claim is based upon a construction contract in
  432  which the contractor did not hold a valid and current license at
  433  the time of the construction contract;
  434         (e) The claimant was associated in a business relationship
  435  with the licensee other than the contract at issue; or
  436         (f) The claimant has suffered damages as the result of
  437  making improper payments to a contractor as defined in part I of
  438  chapter 713; or
  439         (f)(g) The claimant has entered into a contract contracted
  440  with a licensee to perform a scope of work described in s.
  441  489.105(3)(d)-(q) before July 1, 2015 489.105(3)(d)-(p).
  442         Section 6. Subsection (1) of section 489.1425, Florida
  443  Statutes, is amended to read:
  444         489.1425 Duty of contractor to notify residential property
  445  owner of recovery fund.—
  446         (1) Each Any agreement or contract for repair, restoration,
  447  improvement, or construction to residential real property must
  448  contain a written statement explaining the consumer’s rights
  449  under the recovery fund, except where the value of all labor and
  450  materials does not exceed $2,500. The written statement must be
  451  substantially in the following form:
  452  
  453                  FLORIDA HOMEOWNERS’ CONSTRUCTION                 
  454                            RECOVERY FUND                          
  455  
  456  PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE
  457  FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY
  458  ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS
  459  FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED
  460  CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A
  461  CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD
  462  AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS:
  463  
  464  The statement must shall be immediately followed by the board’s
  465  address and telephone number as established by board rule.
  466         Section 7. Section 489.143, Florida Statutes, is amended to
  467  read:
  468         489.143 Payment from the fund.—
  469         (1) The fund shall be disbursed as provided in s. 489.141
  470  on a final order of the board.
  471         (2) A Any claimant who meets all of the conditions
  472  prescribed in s. 489.141 may apply to the board to cause payment
  473  to be made to a claimant from the recovery fund in an amount
  474  equal to the judgment, award, or restitution order or $25,000,
  475  whichever is less, or an amount equal to the unsatisfied portion
  476  of such person’s judgment, award, or restitution order, but only
  477  to the extent and amount of actual damages suffered by the
  478  claimant, and only up to the maximum payment allowed for each
  479  respective Division I and Division II claim. Payment from the
  480  fund for other costs related to or pursuant to civil proceedings
  481  such as postjudgment interest, attorney attorney’s fees, court
  482  costs, medical damages, and punitive damages is prohibited. The
  483  recovery fund is not obligated to pay a any judgment, an award,
  484  or a restitution order, or any portion thereof, which is not
  485  expressly based on one of the grounds for recovery set forth in
  486  s. 489.141.
  487         (3) Beginning January 1, 2005, for each Division I contract
  488  entered into after July 1, 2004, payment from the recovery fund
  489  shall be subject to a $50,000 maximum payment for each Division
  490  I claim. Beginning January 1, 2016, for each Division II
  491  contract entered into on or after July 1, 2015, payment from the
  492  recovery fund shall be subject to a $15,000 maximum payment for
  493  each Division II claim.
  494         (4)(3) Upon receipt by a claimant under subsection (2) of
  495  payment from the recovery fund, the claimant shall assign his or
  496  her additional right, title, and interest in the judgment,
  497  award, or restitution order, to the extent of such payment, to
  498  the board, and thereupon the board shall be subrogated to the
  499  right, title, and interest of the claimant; and any amount
  500  subsequently recovered on the judgment, award, or restitution
  501  order, to the extent of the right, title, and interest of the
  502  board therein, shall be for the purpose of reimbursing the
  503  recovery fund.
  504         (5)(4) Payments for claims arising out of the same
  505  transaction shall be limited, in the aggregate, to the lesser of
  506  the judgment, award, or restitution order or the maximum payment
  507  allowed for a Division I or Division II claim, regardless of the
  508  number of claimants involved in the transaction.
  509         (6)(5)For contracts entered into before July 1, 2004,
  510  payments for claims against any one licensee may shall not
  511  exceed, in the aggregate, $100,000 annually, up to a total
  512  aggregate of $250,000. For any claim approved by the board which
  513  is in excess of the annual cap, the amount in excess of $100,000
  514  up to the total aggregate cap of $250,000 is eligible for
  515  payment in the next and succeeding fiscal years, but only after
  516  all claims for the then-current calendar year have been paid.
  517  Payments may not exceed the aggregate annual or per claimant
  518  limits under law. Beginning January 1, 2005, for each Division I
  519  contract entered into after July 1, 2004, payment from the
  520  recovery fund is subject only to a total aggregate cap of
  521  $500,000 for each Division I licensee. Beginning January 1,
  522  2016, for each Division II contract entered into on or after
  523  July 1, 2015, payment from the recovery fund is subject only to
  524  a total aggregate cap of $150,000 for each Division II licensee.
  525         (7)(6) Claims shall be paid in the order filed, up to the
  526  aggregate limits for each transaction and licensee and to the
  527  limits of the amount appropriated to pay claims against the fund
  528  for the fiscal year in which the claims were filed. Payments may
  529  not exceed the total aggregate cap per license or per claimant
  530  limits under this section.
  531         (8)(7) If the annual appropriation is exhausted with claims
  532  pending, such claims shall be carried forward to the next fiscal
  533  year. Any moneys in excess of pending claims remaining in the
  534  recovery fund at the end of the fiscal year shall be paid as
  535  provided in s. 468.631.
  536         (9)(8) Upon the payment of any amount from the recovery
  537  fund in settlement of a claim in satisfaction of a judgment,
  538  award, or restitution order against a licensee as described in
  539  s. 489.141, the license of such licensee shall be automatically
  540  suspended, without further administrative action, upon the date
  541  of payment from the fund. The license of such licensee may shall
  542  not be reinstated until he or she has repaid in full, plus
  543  interest, the amount paid from the fund. A discharge of
  544  bankruptcy does not relieve a person from the penalties and
  545  disabilities provided in this section.
  546         (10)(9)A Any firm, a corporation, a partnership, or an
  547  association, or a any person acting in his or her individual
  548  capacity, who aids, abets, solicits, or conspires with another
  549  any person to knowingly present or cause to be presented a any
  550  false or fraudulent claim for the payment of a loss under this
  551  act commits is guilty of a third-degree felony, punishable as
  552  provided in s. 775.082 or s. 775.084 and by a fine of up to not
  553  exceeding $30,000, unless the value of the fraud exceeds that
  554  amount, $30,000 in which event the fine may not exceed double
  555  the value of the fraud.
  556         (11)(10)Each payment All payments and disbursement
  557  disbursements from the recovery fund shall be made by the Chief
  558  Financial Officer upon a voucher signed by the secretary of the
  559  department or the secretary’s designee.
  560         Section 8. Subsection (24) is added to section 489.503,
  561  Florida Statutes, to read:
  562         489.503 Exemptions.—This part does not apply to:
  563         (24) A person who installs low-voltage landscape lighting
  564  that contains a factory-installed electrical cord with plug and
  565  does not require installation, wiring, or modification to the
  566  electrical wiring of a structure.
  567         Section 9. Subsections (2) through (5) of section 514.031,
  568  Florida Statutes, are renumbered as subsections (3) through (6),
  569  respectively, and a new subsection (2) is added to that section
  570  to read:
  571         514.031 Permit necessary to operate public swimming pool.—
  572         (2) The department shall ensure through inspections that a
  573  public swimming pool with an operating permit continues to be
  574  operated and maintained in compliance with rules adopted under
  575  this section, the original approved plans and specifications or
  576  variances, and the Florida Building Code adopted under chapter
  577  553 applicable to public pools or public bathing places. The
  578  department may adopt and enforce rules to implement this
  579  subsection, including provisions for closing those pools and
  580  bathing places not in compliance. For purposes of this
  581  subsection, the department’s jurisdiction includes the pool, the
  582  pool deck, the barrier as defined in s. 515.25, and the bathroom
  583  facilities for pool patrons. The local enforcement agency shall
  584  permit and inspect repairs or modifications required as a result
  585  of the department’s inspections and may take enforcement action
  586  to ensure compliance. The department shall ensure that the rules
  587  enforced by the local enforcement agency under this subsection
  588  are not inconsistent with the Florida Building Code adopted
  589  under chapter 553.
  590         Section 10. Subsections (1), (2), and (5) of section
  591  514.05, Florida Statutes, are amended to read:
  592         514.05 Denial, suspension, or revocation of permit;
  593  administrative fines.—
  594         (1) The department may deny an application for an a
  595  operating permit, suspend or revoke a permit issued to any
  596  person or public body, or impose an administrative fine upon the
  597  failure of such person or public body to comply with the
  598  provisions of this chapter, the original approved plans and
  599  specifications or variances, the Florida Building Code adopted
  600  under chapter 553 applicable to public pools or public bathing
  601  places, or the rules adopted hereunder.
  602         (2) The department may impose an administrative fine, which
  603  shall not exceed $500 for each violation, for the violation of
  604  this chapter, the original approved plans and specifications or
  605  variances, the Florida Building Code adopted under chapter 553
  606  applicable to public pools or public bathing places, or the
  607  rules adopted hereunder and for the violation of any of the
  608  provisions of chapter 386. Notice of intent to impose such fine
  609  shall be given by the department to the alleged violator. Each
  610  day that a violation continues may constitute a separate
  611  violation.
  612         (5) Under conditions specified by rule, the department may
  613  close a public pool that is not in compliance with this chapter,
  614  the original approved plans and specifications or variances, the
  615  Florida Building Code adopted under chapter 553 applicable to
  616  public pools or public bathing places, or the rules adopted
  617  under this chapter.
  618         Section 11. Section 553.721, Florida Statutes, is amended
  619  to read:
  620         553.721 Surcharge.—In order for the Department of Business
  621  and Professional Regulation to administer and carry out the
  622  purposes of this part and related activities, there is created a
  623  surcharge, to be assessed at the rate of 1.5 percent of the
  624  permit fees associated with enforcement of the Florida Building
  625  Code as defined by the uniform account criteria and specifically
  626  the uniform account code for building permits adopted for local
  627  government financial reporting pursuant to s. 218.32. The
  628  minimum amount collected on any permit issued shall be $2. The
  629  unit of government responsible for collecting a permit fee
  630  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  631  surcharge and electronically remit the funds collected to the
  632  department on a quarterly calendar basis for the preceding
  633  quarter and continuing each third month thereafter. The unit of
  634  government shall retain 10 percent of the surcharge collected to
  635  fund the participation of building departments in the national
  636  and state building code adoption processes and to provide
  637  education related to enforcement of the Florida Building Code.
  638  All funds remitted to the department pursuant to this section
  639  shall be deposited in the Professional Regulation Trust Fund.
  640  Funds collected from the surcharge shall be allocated to fund
  641  the Florida Building Commission and the Florida Building Code
  642  Compliance and Mitigation Program under s. 553.841. Funds
  643  allocated to the Florida Building Code Compliance and Mitigation
  644  Program shall be $925,000 each fiscal year. The Florida Building
  645  Code Compliance and Mitigation Program shall fund the
  646  recommendations made by the Building Code System Uniform
  647  Implementation Evaluation Workgroup, dated April 8, 2013, from
  648  existing resources, not to exceed $30,000 in the 2015-2016
  649  fiscal year. Funds collected from the surcharge shall also be
  650  used to fund Florida Fire Code informal interpretations managed
  651  by the State Fire Marshal and shall be limited to $15,000 each
  652  fiscal year. The funds collected from the surcharge may not be
  653  used to fund research on techniques for mitigation of radon in
  654  existing buildings. Funds used by the department as well as
  655  funds to be transferred to the Department of Health and the
  656  State Fire Marshal shall be as prescribed in the annual General
  657  Appropriations Act. The department shall adopt rules governing
  658  the collection and remittance of surcharges pursuant to chapter
  659  120.
  660         Section 12. Subsection (11) of section 553.73, Florida
  661  Statutes is amended, and subsections (19) and (20) are added to
  662  that to read:
  663         553.73 Florida Building Code.—
  664         (11)(a) In the event of a conflict between the Florida
  665  Building Code and the Florida Fire Prevention Code and the Life
  666  Safety Code as applied to a specific project, the conflict shall
  667  be resolved by agreement between the local building code
  668  enforcement official and the local fire code enforcement
  669  official in favor of the requirement of the code which offers
  670  the greatest degree of lifesafety or alternatives which would
  671  provide an equivalent degree of lifesafety and an equivalent
  672  method of construction. Local boards created to address issues
  673  arising under the Florida Building Code and the Florida Fire
  674  Prevention Code may combine the appeals boards to create a
  675  single, local board having jurisdiction over matters arising
  676  under either or both codes.
  677         (b) Any decision made by the local fire official regarding
  678  application, interpretation, or enforcement of the Florida Fire
  679  Prevention Code or and the local building official regarding
  680  application, interpretation, or enforcement of the Florida
  681  Building Code, or the appropriate application of either or both
  682  codes in the case of a conflict between the codes, may be
  683  appealed to a local administrative board designated by the
  684  municipality, county, or special district having firesafety
  685  responsibilities. If the decision of the local fire official and
  686  the local building official is to apply the provisions of either
  687  the Florida Building Code or the Florida Fire Prevention Code
  688  and the Life Safety Code, the board may not alter the decision
  689  unless the board determines that the application of such code is
  690  not reasonable. If the decision of the local fire official and
  691  the local building official is to adopt an alternative to the
  692  codes, the local administrative board shall give due regard to
  693  the decision rendered by the local officials and may modify that
  694  decision if the administrative board adopts a better
  695  alternative, taking into consideration all relevant
  696  circumstances. In any case in which the local administrative
  697  board adopts alternatives to the decision rendered by the local
  698  fire official and the local building official, such alternatives
  699  shall provide an equivalent degree of lifesafety and an
  700  equivalent method of construction as the decision rendered by
  701  the local officials.
  702         (c) If the local building official and the local fire
  703  official are unable to agree on a resolution of the conflict
  704  between the Florida Building Code and the Florida Fire
  705  Prevention Code and the Life Safety Code, the local
  706  administrative board shall resolve the conflict in favor of the
  707  code which offers the greatest degree of lifesafety or
  708  alternatives which would provide an equivalent degree of
  709  lifesafety and an equivalent method of construction.
  710         (d) All decisions of the local administrative board, or if
  711  none exists, the decisions of the local building official and
  712  the local fire official in regard to the application,
  713  enforcement, or interpretation of the Florida Fire Prevention
  714  Code, or conflicts between the Florida Fire Prevention Code and
  715  the Florida Building Code, are subject to review by a joint
  716  committee composed of members of the Florida Building Commission
  717  and the Fire Code Advisory Council. If the joint committee is
  718  unable to resolve conflicts between the codes as applied to a
  719  specific project, the matter shall be resolved pursuant to the
  720  provisions of paragraph (1)(d). Decisions of the local
  721  administrative board solely in regard to the provisions of the
  722  Florida Building Code are subject to review as set forth in s.
  723  553.775.
  724         (e) The local administrative board shall, to the greatest
  725  extent possible, be composed of members with expertise in
  726  building construction and firesafety standards.
  727         (f) All decisions of the local building official and local
  728  fire official and all decisions of the administrative board
  729  shall be in writing and shall be binding upon a person but do
  730  not limit the authority of the State Fire Marshal or the Florida
  731  Building Commission pursuant to paragraph (1)(d) and ss. 633.104
  732  and 633.228. Decisions of general application shall be indexed
  733  by building and fire code sections and shall be available for
  734  inspection during normal business hours.
  735         (19) In other than one- and two-family detached single
  736  family dwellings, a local enforcing agency that requires a
  737  permit to install or replace a hot water heater shall require
  738  that a hard-wired or battery-operated water-level detection
  739  device be secured to the drain pan area at a level lower than
  740  the drain connection upon installation or replacement of the hot
  741  water heater. The device must include an audible alarm and, if
  742  battery-operated, must have a 10-year low-battery notification
  743  capability.
  744         (20) The Florida Building Code may not require more than
  745  one fire access elevator in buildings that are Occupancy Group
  746  R-2.
  747         Section 13. Subsections (6) and (11) of section 553.79,
  748  Florida Statutes, are amended to read:
  749         553.79 Permits; applications; issuance; inspections.—
  750         (6) A permit may not be issued for any building
  751  construction, erection, alteration, modification, repair, or
  752  addition unless the applicant for such permit complies with the
  753  requirements for plan review established by the Florida Building
  754  Commission within the Florida Building Code. However, the code
  755  shall set standards and criteria to authorize preliminary
  756  construction before completion of all building plans review,
  757  including, but not limited to, special permits for the
  758  foundation only, and such standards shall take effect concurrent
  759  with the first effective date of the Florida Building Code.
  760  After submittal of the appropriate construction documents, the
  761  building official is authorized to issue a permit for the
  762  construction of foundations or any other part of a building or
  763  structure before the construction documents for the whole
  764  building or structure have been submitted. No other agency
  765  review or approval may be required before the issuance of a
  766  phased permit due to the fact that the project will need all the
  767  necessary outside agencies’ reviews and approvals before the
  768  issuance of a master building permit. The holder of such permit
  769  for the foundation or other parts of a building or structure
  770  shall proceed at the holder’s own risk with the building
  771  operation and without assurance that a permit for the entire
  772  structure will be granted. Corrections may be required to meet
  773  the requirements of the technical codes.
  774         (11)(a) The local enforcing agency may not issue a building
  775  permit to construct, develop, or modify a public swimming pool
  776  without proof of application, whether complete or incomplete,
  777  for an operating permit pursuant to s. 514.031. A certificate of
  778  completion or occupancy may not be issued until such operating
  779  permit is issued. The local enforcing agency shall conduct its
  780  review of the building permit application upon filing and in
  781  accordance with this chapter. The local enforcing agency may
  782  confer with the Department of Health, if necessary, but may not
  783  delay the building permit application review while awaiting
  784  comment from the Department of Health.
  785         (b) If the department determines under s. 514.031(2) that a
  786  public pool or a public bathing place is not being operated or
  787  maintained in compliance with department’s rules, the original
  788  approved plans and specifications or variances, and the Florida
  789  Building Code, the local enforcing agency shall permit and
  790  inspect the repairs or modifications required as a result of the
  791  department’s inspections and may take enforcement action to
  792  ensure compliance.
  793         Section 14. Subsections (4) and (7) of section 553.841,
  794  Florida Statutes, are amended, to read:
  795         553.841 Building code compliance and mitigation program.—
  796         (4) In administering the Florida Building Code Compliance
  797  and Mitigation Program, the department may shall maintain,
  798  update, develop, or cause to be developed code-related training
  799  and education advanced modules designed for use by each
  800  profession.
  801         (7) The Florida Building Commission shall provide by rule
  802  for the accreditation of courses related to the Florida Building
  803  Code by accreditors approved by the commission. The commission
  804  shall establish qualifications of accreditors and criteria for
  805  the accreditation of courses by rule. The commission may revoke
  806  the accreditation of a course by an accreditor if the
  807  accreditation is demonstrated to violate this part or the rules
  808  of the commission.
  809         Section 15. Paragraph (a) of subsection (8) of section
  810  553.842, Florida Statutes, is amended to read:
  811         553.842 Product evaluation and approval.—
  812         (8) The commission may adopt rules to approve the following
  813  types of entities that produce information on which product
  814  approvals are based. All of the following entities, including
  815  engineers and architects, must comply with a nationally
  816  recognized standard demonstrating independence or no conflict of
  817  interest:
  818         (a) Evaluation entities approved pursuant to this
  819  paragraph. The commission shall specifically approve the
  820  National Evaluation Service, the International Association of
  821  Plumbing and Mechanical Officials Evaluation Service, the
  822  International Code Council Evaluation Services, Underwriters
  823  Laboratories, LLC, and the Miami-Dade County Building Code
  824  Compliance Office Product Control Division. Architects and
  825  engineers licensed in this state are also approved to conduct
  826  product evaluations as provided in subsection (5).
  827         Section 16. Section 553.908, Florida Statutes, is amended
  828  to read:
  829         553.908 Inspection.—Before construction or renovation is
  830  completed, the local enforcement agency shall inspect buildings
  831  for compliance with the standards of this part. The local
  832  enforcement agency shall accept duct and air infiltration tests
  833  conducted in accordance with the Florida Building Code-Energy
  834  Conservation by individuals certified in accordance with s.
  835  553.993(5) or (7) or individuals licensed under s.
  836  489.105(3)(f), (g), or (i). The local enforcement agency may
  837  accept inspections in whole or in part by individuals certified
  838  in accordance with s. 553.993(5) or (7) or by individuals
  839  certified as energy inspectors by the International Code
  840  Council, provided that the inspection complies with the Florida
  841  Building Code-Energy Conservation.
  842         Section 17. Present subsections (2) through (35) of section
  843  633.102, Florida Statutes, are redesignated as subsections (3)
  844  through (36), a new subsection (2) is added to that section and
  845  present subsection (34) is amended, to read:
  846         633.102 Definitions.—As used in this chapter, the term:
  847         (2) “Change of occupancy” means a change in the purpose of
  848  level of activity within a building which involves a change in
  849  application of the requirements of the Florida Fire Prevention
  850  Code.
  851         (34) “Use” means application, employment; that enjoyment of
  852  property which consists of its employment, occupation, exercise,
  853  or practice.
  854         Section 18. Subsection (6) of section 633.104, Florida
  855  Statutes, is amended to read:
  856         633.104 State Fire Marshal; authority; duties; rules.—
  857         (6) Only the State Fire Marshal may issue, and, when
  858  requested in writing by any substantially affected person or a
  859  local enforcing agency, the State Fire Marshal shall issue
  860  declaratory statements pursuant to s. 120.565 relating to the
  861  Florida Fire Prevention Code. For the purposes of this section,
  862  the term “substantially affected person” means a person who,
  863  will be, or may be affected by the application of the Florida
  864  Fire Prevention Code to a property or building that the person
  865  owns, controls, or is, or is considering purchasing, selling,
  866  designing, constructing, or altering. A petition for declaratory
  867  statement is not intended to be an appeal of a decision of a
  868  local fire official or an appeal of a local board reviewing a
  869  decision of a local fire official.
  870         Section 19. Subsections (17), (18), and (19) are added to
  871  section 633.202, Florida Statutes, to read:
  872         633.202 Florida Fire Prevention Code.—
  873         (17) In all new high-rise and existing high-rise buildings,
  874  minimum radio signal strength for fire department communications
  875  shall be maintained at a level determined by the authority
  876  having jurisdiction. Existing buildings may not be required to
  877  comply with minimum radio strength for fire department
  878  communications and two-way radio system enhancement
  879  communications as required by the Florida Fire Prevention Code
  880  until January 1, 2022. Existing apartment buildings may not be
  881  required to comply until January 1, 2025.
  882         (18) Areas of refuge shall be provided when required by the
  883  Florida Building Code-Accessibility. Required portions of an
  884  area of refuge shall be accessible from the space they serve by
  885  an accessible means of egress.
  886         (19) Dead-end corridors within an apartment may not exceed
  887  50-feet in buildings protected throughout by an approved
  888  automatic supervised sprinkler system.
  889         Section 20. Subsection (10) is added to section 633.216,
  890  Florida Statutes, to read:
  891         633.216 Inspection of buildings and equipment; orders;
  892  firesafety inspection training requirements; certification;
  893  disciplinary action.—The State Fire Marshal and her or his
  894  agents or persons authorized to enforce laws and rules of the
  895  State Fire Marshal shall, at any reasonable hour, when the State
  896  Fire Marshal has reasonable cause to believe that a violation of
  897  this chapter or s. 509.215, or a rule adopted thereunder, or a
  898  minimum firesafety code adopted by the State Fire Marshal or a
  899  local authority, may exist, inspect any and all buildings and
  900  structures which are subject to the requirements of this chapter
  901  or s. 509.215 and rules adopted thereunder. The authority to
  902  inspect shall extend to all equipment, vehicles, and chemicals
  903  which are located on or within the premises of any such building
  904  or structure.
  905         (10) In addition to any other requirements that may be
  906  imposed by this state, fire prevention plan reviewers shall,
  907  after 12 months from the effective date of this statute, be
  908  certified, at a minimum, as a Fire Inspector I by the State Fire
  909  Marshal. The State Fire Marshal may, by rule, determine
  910  alternative educational and experience requirements, or
  911  certifications, as equivalent.
  912         Section 21. Calder Sloan Swimming Pool Electrical-Safety
  913  Task Force.—There is established within the Florida Building
  914  Commission a Calder Sloan Swimming Pool Electrical-Safety Task
  915  Force, which is a task force as defined in s. 20.03, Florida
  916  Statutes.
  917         (1) The primary purpose of the task force is to study and
  918  report to the Governor, the President of the Senate, and the
  919  Speaker of the House of Representatives on recommended revisions
  920  to the Florida Statutes concerning standards pertaining to
  921  grounding, bonding, lighting, wiring, and all electrical aspects
  922  for safety in and around public and private swimming pools. The
  923  task force report is due by October 1, 2015.
  924         (2) The task force shall consist of 10 members, including
  925  the chair of the Florida Building Commission or her or his
  926  designee, the State Surgeon General or her or his designee, and
  927  8 members who are appointed by the chair of the Florida Building
  928  Commission. Each appointed member must be or represent one of
  929  the following:
  930         (a) An electrical contractor certified to do business in
  931  this state and actively engaged in the profession, who has
  932  experience with swimming pools.
  933         (b) A general contractor certified to do business in this
  934  state and actively engaged in the profession, who has experience
  935  with swimming pools.
  936         (c) A swimming pool contractor licensed to do business in
  937  this state and actively engaged in the profession.
  938         (d) An electric utility provider doing business in this
  939  state.
  940         (e) A county building code inspector.
  941         (f) A licensed real estate broker.
  942         (g) An owner of a public swimming pool as defined in s.
  943  514.011, Florida Statutes.
  944         (h) An owner of a private swimming pool as defined in s.
  945  514.011, Florida Statutes.
  946         (3) The members of the task force shall elect the chair.
  947         (4) The Florida Building Commission shall provide such
  948  staff, information, and other assistance as is reasonably
  949  necessary to assist the task force in carrying out its
  950  responsibilities.
  951         (5) Members of the task force shall serve without
  952  compensation, but may receive reimbursement as provided in s.
  953  112.061, Florida Statutes, for travel and other necessary
  954  expenses incurred in the performance of their official duties.
  955         (6) The task force shall meet as often as necessary to
  956  fulfill its responsibilities and meetings may be conducted by
  957  conference call, teleconferencing, or similar technology.
  958         (7) This section expires December 31, 2015.
  959         Section 22. This act shall take effect July 1, 2015.