Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. CS for SB 704
       
       
       
       
       
       
                                Ì744198QÎ744198                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/29/2016           .                                
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       The Committee on Fiscal Policy (Abruzzo) recommended the
       following:
       
    1         Senate Amendment to Amendment (554986) (with title
    2  amendment)
    3  
    4         Delete lines 513 - 1220
    5  and insert:
    6  temporary pool used exclusively for providing swimming lessons
    7  or related instruction in support of an established educational
    8  program sponsored or provided by a county school district and a
    9  temporary pool used in conjunction with a sanctioned national or
   10  international swimming or diving competition event not to exceed
   11  30 consecutive days of use.
   12         Section 11. Subsection (3) of section 514.0115, Florida
   13  Statutes, is amended to read:
   14         514.0115 Exemptions from supervision or regulation;
   15  variances.—
   16         (3) A private pool used for instructional purposes in
   17  swimming may shall not be regulated as a public pool. A
   18  temporary pool used for instructional purposes or to further an
   19  approved educational program or used for a sanctioned national
   20  or international swimming or diving competition event, for a
   21  period of 30 consecutive days or less, may not be regulated as a
   22  public pool.
   23         Section 12. Subsection (5) of section 514.031, Florida
   24  Statutes, is amended to read:
   25         514.031 Permit necessary to operate public swimming pool.—
   26         (5) An owner or operator of a public swimming pool,
   27  including, but not limited to, a spa, wading, or special purpose
   28  pool, to which admittance is obtained by membership for a fee
   29  shall post in a prominent location within the facility the most
   30  recent pool inspection report issued by the department
   31  pertaining to the health and safety conditions of such facility.
   32  The report shall be legible and readily accessible to members or
   33  potential members. The department shall adopt rules to enforce
   34  this subsection. A temporary portable pool may not be used as a
   35  public pool unless it is exempt under s. 514.0115.
   36         Section 13. Section 515.27, Florida Statutes, is amended to
   37  read:
   38         515.27 Residential swimming pool safety feature options;
   39  penalties.—
   40         (1) In order to pass final inspection and receive a
   41  certificate of completion, a residential swimming pool must meet
   42  at least one of the following requirements relating to pool
   43  safety features:
   44         (a) The pool must be isolated from access to a home by an
   45  enclosure that meets the pool barrier requirements of s. 515.29;
   46         (b) The pool must be equipped with an approved safety pool
   47  cover;
   48         (c) All doors and windows providing direct access from the
   49  home to the pool must be equipped with an exit alarm that has a
   50  minimum sound pressure rating of 85 dB A at 10 feet; or
   51         (d) All doors providing direct access from the home to the
   52  pool must be equipped with a self-closing, self-latching device
   53  with a release mechanism placed no lower than 54 inches above
   54  the floor; or
   55         (e)The pool must be equipped with a swimming pool alarm
   56  that, when placed in the pool, will sound upon detection of
   57  accidental or unauthorized entrance into the water. These pool
   58  alarms must meet and be independently certified to the ASTM
   59  Standard F 2208 “Standards Specification for Pool Alarms,” which
   60  includes surface motion, pressure, sonar, laser, and infrared
   61  type alarms. For purposes of this paragraph, the term “swimming
   62  pool alarm” does not include a swimming protection alarm device
   63  designed for individual use, such as an alarm attached to a
   64  child that sounds when the child’s movement exceeds a certain
   65  distance or the child becomes submerged in water.
   66         (2) A person who fails to equip a new residential swimming
   67  pool with at least one pool safety feature as required in
   68  subsection (1) commits a misdemeanor of the second degree,
   69  punishable as provided in s. 775.082 or s. 775.083, except that
   70  no penalty shall be imposed if the person, within 45 days after
   71  arrest or issuance of a summons or a notice to appear, has
   72  equipped the pool with at least one safety feature as required
   73  in subsection (1) and has attended a drowning prevention
   74  education program established by s. 515.31. However, the
   75  requirement of attending a drowning prevention education program
   76  is waived if such program is not offered within 45 days after
   77  issuance of the citation.
   78         Section 14. Subsection (2) of section 553.512, Florida
   79  Statutes, is amended to read:
   80         553.512 Modifications and waivers; advisory council.—
   81         (2) The Accessibility Advisory Council shall consist of the
   82  following seven members, who shall be knowledgeable in the area
   83  of accessibility for persons with disabilities. The Secretary of
   84  Business and Professional Regulation shall appoint the
   85  following: a representative from the Advocacy Center for Persons
   86  with Disabilities, Inc.; a representative from the Division of
   87  Blind Services; a representative from the Division of Vocational
   88  Rehabilitation; a representative from a statewide organization
   89  representing the physically handicapped; a representative from
   90  the hearing impaired; a representative from the Pensacola Pen
   91  Wheels Inc. Employ the Handicapped Council President, Florida
   92  Council of Handicapped Organizations; and a representative of
   93  the Paralyzed Veterans of America. The terms for the first three
   94  council members appointed subsequent to October 1, 1991, shall
   95  be for 4 years, the terms for the next two council members
   96  appointed shall be for 3 years, and the terms for the next two
   97  members shall be for 2 years. Thereafter, all council member
   98  appointments shall be for terms of 4 years. No council member
   99  shall serve more than two 4-year terms subsequent to October 1,
  100  1991. Any member of the council may be replaced by the secretary
  101  upon three unexcused absences. Upon application made in the form
  102  provided, an individual waiver or modification may be granted by
  103  the commission so long as such modification or waiver is not in
  104  conflict with more stringent standards provided in another
  105  chapter.
  106         Section 15. Section 553.721, Florida Statutes, is amended
  107  to read:
  108         553.721 Surcharge.—In order for the Department of Business
  109  and Professional Regulation to administer and carry out the
  110  purposes of this part and related activities, there is created a
  111  surcharge, to be assessed at the rate of 1.5 percent of the
  112  permit fees associated with enforcement of the Florida Building
  113  Code as defined by the uniform account criteria and specifically
  114  the uniform account code for building permits adopted for local
  115  government financial reporting pursuant to s. 218.32. The
  116  minimum amount collected on any permit issued shall be $2. The
  117  unit of government responsible for collecting a permit fee
  118  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  119  surcharge and electronically remit the funds collected to the
  120  department on a quarterly calendar basis for the preceding
  121  quarter and continuing each third month thereafter. The unit of
  122  government shall retain 10 percent of the surcharge collected to
  123  fund the participation of building departments in the national
  124  and state building code adoption processes and to provide
  125  education related to enforcement of the Florida Building Code.
  126  All funds remitted to the department pursuant to this section
  127  shall be deposited in the Professional Regulation Trust Fund.
  128  Funds collected from the surcharge shall be allocated to fund
  129  the Florida Building Commission and the Florida Building Code
  130  Compliance and Mitigation Program under s. 553.841. Funds
  131  allocated to the Florida Building Code Compliance and Mitigation
  132  Program shall be $925,000 each fiscal year. The Florida Building
  133  Code Compliance and Mitigation Program shall fund the
  134  recommendations made by the Building Code System Uniform
  135  Implementation Evaluation Workgroup, dated April 8, 2013, from
  136  existing resources, not to exceed $30,000 in the 2016-2017
  137  fiscal year. Funds collected from the surcharge shall also be
  138  used to fund Florida Fire Prevention Code informal
  139  interpretations managed by the State Fire Marshal and shall be
  140  limited to $15,000 each fiscal year. The State Fire Marshal
  141  shall adopt rules to address the implementation and expenditure
  142  of the funds allocated to fund the Florida Fire Prevention Code
  143  informal interpretations under this section. The funds collected
  144  from the surcharge may not be used to fund research on
  145  techniques for mitigation of radon in existing buildings. Funds
  146  used by the department as well as funds to be transferred to the
  147  Department of Health and the State Fire Marshal shall be as
  148  prescribed in the annual General Appropriations Act. The
  149  department shall adopt rules governing the collection and
  150  remittance of surcharges pursuant to chapter 120.
  151         Section 16. Subsections (11) and (15) of section 553.73,
  152  Florida Statutes, are amended, and subsection (19) is added to
  153  that section, to read:
  154         553.73 Florida Building Code.—
  155         (11)(a) In the event of a conflict between the Florida
  156  Building Code and the Florida Fire Prevention Code and the Life
  157  Safety Code as applied to a specific project, the conflict shall
  158  be resolved by agreement between the local building code
  159  enforcement official and the local fire code enforcement
  160  official in favor of the requirement of the code which offers
  161  the greatest degree of lifesafety or alternatives which would
  162  provide an equivalent degree of lifesafety and an equivalent
  163  method of construction. Local boards created to address issues
  164  arising under the Florida Building Code or the Florida Fire
  165  Prevention Code may combine their appeals boards to create a
  166  single, local board having jurisdiction over matters arising
  167  under either code or both codes. The combined local appeals
  168  board may grant alternatives or modifications through procedures
  169  outlined in NFPA 1, Section 1.4, but may not waive the
  170  requirements of the Florida Fire Prevention Code. To meet the
  171  quorum requirement for convening the combined local appeals
  172  board, at least one member of the board who is a fire protection
  173  contractor, a fire protection design professional, a fire
  174  department operations professional, or a fire code enforcement
  175  professional must be present.
  176         (b) Any decision made by the local fire official regarding
  177  application, interpretation, or enforcement of the Florida Fire
  178  Prevention Code, by and the local building official regarding
  179  application, interpretation, or enforcement of the Florida
  180  Building Code, or the appropriate application of either code or
  181  both codes in the case of a conflict between the codes may be
  182  appealed to a local administrative board designated by the
  183  municipality, county, or special district having firesafety
  184  responsibilities. If the decision of the local fire official and
  185  the local building official is to apply the provisions of either
  186  the Florida Building Code or the Florida Fire Prevention Code
  187  and the Life Safety Code, the board may not alter the decision
  188  unless the board determines that the application of such code is
  189  not reasonable. If the decision of the local fire official and
  190  the local building official is to adopt an alternative to the
  191  codes, the local administrative board shall give due regard to
  192  the decision rendered by the local officials and may modify that
  193  decision if the administrative board adopts a better
  194  alternative, taking into consideration all relevant
  195  circumstances. In any case in which the local administrative
  196  board adopts alternatives to the decision rendered by the local
  197  fire official and the local building official, such alternatives
  198  shall provide an equivalent degree of lifesafety and an
  199  equivalent method of construction as the decision rendered by
  200  the local officials.
  201         (c) If the local building official and the local fire
  202  official are unable to agree on a resolution of the conflict
  203  between the Florida Building Code and the Florida Fire
  204  Prevention Code and the Life Safety Code, the local
  205  administrative board shall resolve the conflict in favor of the
  206  code which offers the greatest degree of lifesafety or
  207  alternatives which would provide an equivalent degree of
  208  lifesafety and an equivalent method of construction.
  209         (d) All decisions of the local administrative board, or, if
  210  none exists, the decisions of the local building official and
  211  the local fire official in regard to the application,
  212  enforcement, or interpretation of the Florida Fire Prevention
  213  Code, or conflicts between the Florida Fire Prevention Code and
  214  the Florida Building Code, are subject to review by a joint
  215  committee composed of members of the Florida Building Commission
  216  and the Fire Code Advisory Council. If the joint committee is
  217  unable to resolve conflicts between the codes as applied to a
  218  specific project, the matter shall be resolved pursuant to the
  219  provisions of paragraph (1)(d). Decisions of the local
  220  administrative board related solely to the Florida Building Code
  221  are subject to review as set forth in s. 553.775.
  222         (e) The local administrative board shall, to the greatest
  223  extent possible, be composed of members with expertise in
  224  building construction and firesafety standards.
  225         (f) All decisions of the local building official and local
  226  fire official and all decisions of the administrative board
  227  shall be in writing and shall be binding upon a person but do
  228  not limit the authority of the State Fire Marshal or the Florida
  229  Building Commission pursuant to paragraph (1)(d) and ss. 633.104
  230  and 633.228. Decisions of general application shall be indexed
  231  by building and fire code sections and shall be available for
  232  inspection during normal business hours.
  233         (15) An agency or local government may not require that
  234  existing mechanical equipment located on or above the surface of
  235  a roof be installed in compliance with the requirements of the
  236  Florida Building Code except during reroofing when the equipment
  237  is being replaced or moved during reroofing and is not in
  238  compliance with the provisions of the Florida Building Code
  239  relating to roof-mounted mechanical units.
  240         (19)The Florida Building Code must require two fire
  241  service access elevators in all buildings with a height greater
  242  than 120 feet from the elevation of street-level access to the
  243  level of the highest occupiable floor. Any remaining elevators
  244  must be equipped for Phase I and Phase II emergency operations.
  245  If a fire service access elevator is required in a building, a
  246  1-hour fire-rated fire service access elevator lobby with direct
  247  access from the fire service access elevator is not required if
  248  the fire service access elevator opens into an exit access
  249  corridor, which cannot be less than 6 feet wide for its entire
  250  length, must have at least 150 square feet with the exception of
  251  door openings, and must have a minimum 1-hour fire rating with
  252  three-quarter-hour fire- and smoke-rated openings. During a fire
  253  event the fire service access elevator must be pressurized and
  254  floor-to-floor smoke control must be provided. However, if
  255  transient residential occupancies occur at floor levels more
  256  than 420 feet above the level of fire service access, a 1-hour
  257  fire-rated service access elevator lobby with direct access from
  258  the fire service access elevator is required.
  259         Section 17. Paragraph (c) of subsection (3) of section
  260  553.775, Florida Statutes, is amended to read:
  261         553.775 Interpretations.—
  262         (3) The following procedures may be invoked regarding
  263  interpretations of the Florida Building Code or the Florida
  264  Accessibility Code for Building Construction:
  265         (c) The commission shall review decisions of local building
  266  officials and local enforcement agencies regarding
  267  interpretations of the Florida Building Code or the Florida
  268  Accessibility Code for Building Construction after the local
  269  board of appeals has considered the decision, if such board
  270  exists, and if such appeals process is concluded within 25
  271  business days.
  272         1. The commission shall coordinate with the Building
  273  Officials Association of Florida, Inc., to designate a panel
  274  panels composed of seven five members to hear requests to review
  275  decisions of local building officials. Five The members must be
  276  licensed as building code administrators under part XII of
  277  chapter 468, one member must be licensed as an architect under
  278  chapter 481, and one member must be licensed as an engineer
  279  under chapter 471. Each member and must have experience
  280  interpreting or and enforcing provisions of the Florida Building
  281  Code and the Florida Accessibility Code for Building
  282  Construction.
  283         2. Requests to review a decision of a local building
  284  official interpreting provisions of the Florida Building Code or
  285  the Florida Accessibility Code for Building Construction may be
  286  initiated by any substantially affected person, including an
  287  owner or builder subject to a decision of a local building
  288  official or an association of owners or builders having members
  289  who are subject to a decision of a local building official. In
  290  order to initiate review, the substantially affected person must
  291  file a petition with the commission. The commission shall adopt
  292  a form for the petition, which shall be published on the
  293  Building Code Information System. The form shall, at a minimum,
  294  require the following:
  295         a. The name and address of the county or municipality in
  296  which provisions of the Florida Building Code or the Florida
  297  Accessibility Code for Building Construction are being
  298  interpreted.
  299         b. The name and address of the local building official who
  300  has made the interpretation being appealed.
  301         c. The name, address, and telephone number of the
  302  petitioner; the name, address, and telephone number of the
  303  petitioner’s representative, if any; and an explanation of how
  304  the petitioner’s substantial interests are being affected by the
  305  local interpretation of the Florida Building Code or the Florida
  306  Accessibility Code for Building Construction.
  307         d. A statement of the provisions of the Florida Building
  308  Code or the Florida Accessibility Code for Building Construction
  309  which are being interpreted by the local building official.
  310         e. A statement of the interpretation given to provisions of
  311  the Florida Building Code or the Florida Accessibility Code for
  312  Building Construction by the local building official and the
  313  manner in which the interpretation was rendered.
  314         f. A statement of the interpretation that the petitioner
  315  contends should be given to the provisions of the Florida
  316  Building Code or the Florida Accessibility Code for Building
  317  Construction and a statement supporting the petitioner’s
  318  interpretation.
  319         g. Space for the local building official to respond in
  320  writing. The space shall, at a minimum, require the local
  321  building official to respond by providing a statement admitting
  322  or denying the statements contained in the petition and a
  323  statement of the interpretation of the provisions of the Florida
  324  Building Code or the Florida Accessibility Code for Building
  325  Construction which the local jurisdiction or the local building
  326  official contends is correct, including the basis for the
  327  interpretation.
  328         3. The petitioner shall submit the petition to the local
  329  building official, who shall place the date of receipt on the
  330  petition. The local building official shall respond to the
  331  petition in accordance with the form and shall return the
  332  petition along with his or her response to the petitioner within
  333  5 days after receipt, exclusive of Saturdays, Sundays, and legal
  334  holidays. The petitioner may file the petition with the
  335  commission at any time after the local building official
  336  provides a response. If no response is provided by the local
  337  building official, the petitioner may file the petition with the
  338  commission 10 days after submission of the petition to the local
  339  building official and shall note that the local building
  340  official did not respond.
  341         4. Upon receipt of a petition that meets the requirements
  342  of subparagraph 2., the commission shall immediately provide
  343  copies of the petition to the a panel, and the commission shall
  344  publish the petition, including any response submitted by the
  345  local building official, on the Building Code Information System
  346  in a manner that allows interested persons to address the issues
  347  by posting comments.
  348         5. The panel shall conduct proceedings as necessary to
  349  resolve the issues; shall give due regard to the petitions, the
  350  response, and to comments posed on the Building Code Information
  351  System; and shall issue an interpretation regarding the
  352  provisions of the Florida Building Code or the Florida
  353  Accessibility Code for Building Construction within 21 days
  354  after the filing of the petition. The panel shall render a
  355  determination based upon the Florida Building Code or the
  356  Florida Accessibility Code for Building Construction or, if the
  357  code is ambiguous, the intent of the code. The panel’s
  358  interpretation shall be provided to the commission, which shall
  359  publish the interpretation on the Building Code Information
  360  System and in the Florida Administrative Register. The
  361  interpretation shall be considered an interpretation entered by
  362  the commission, and shall be binding upon the parties and upon
  363  all jurisdictions subject to the Florida Building Code or the
  364  Florida Accessibility Code for Building Construction, unless it
  365  is superseded by a declaratory statement issued by the Florida
  366  Building Commission or by a final order entered after an appeal
  367  proceeding conducted in accordance with subparagraph 7.
  368         6. It is the intent of the Legislature that review
  369  proceedings be completed within 21 days after the date that a
  370  petition seeking review is filed with the commission, and the
  371  time periods set forth in this paragraph may be waived only upon
  372  consent of all parties.
  373         7. Any substantially affected person may appeal an
  374  interpretation rendered by the a hearing officer panel by filing
  375  a petition with the commission. Such appeals shall be initiated
  376  in accordance with chapter 120 and the uniform rules of
  377  procedure and must be filed within 30 days after publication of
  378  the interpretation on the Building Code Information System or in
  379  the Florida Administrative Register. Hearings shall be conducted
  380  pursuant to chapter 120 and the uniform rules of procedure.
  381  Decisions of the commission are subject to judicial review
  382  pursuant to s. 120.68. The final order of the commission is
  383  binding upon the parties and upon all jurisdictions subject to
  384  the Florida Building Code or the Florida Accessibility Code for
  385  Building Construction.
  386         8. The burden of proof in any proceeding initiated in
  387  accordance with subparagraph 7. is on the party who initiated
  388  the appeal.
  389         9. In any review proceeding initiated in accordance with
  390  this paragraph, including any proceeding initiated in accordance
  391  with subparagraph 7., the fact that an owner or builder has
  392  proceeded with construction may not be grounds for determining
  393  an issue to be moot if the issue is one that is likely to arise
  394  in the future.
  395  
  396  This paragraph provides the exclusive remedy for addressing
  397  requests to review local interpretations of the Florida Building
  398  Code or the Florida Accessibility Code for Building Construction
  399  and appeals from review proceedings.
  400         Section 18. Subsection(1) and (6) of section 553.79,
  401  Florida Statutes, are amended to read:
  402         553.79 Permits; applications; issuance; inspections.—
  403         (1) After the effective date of the Florida Building Code
  404  adopted as herein provided, it shall be unlawful for any person,
  405  firm, corporation, or governmental entity to construct, erect,
  406  alter, modify, repair, or demolish any building within this
  407  state without first obtaining a permit therefor from the
  408  appropriate enforcing agency or from such persons as may, by
  409  appropriate resolution or regulation of the authorized state or
  410  local enforcing agency, be delegated authority to issue such
  411  permits, upon the payment of such reasonable fees adopted by the
  412  enforcing agency. The enforcing agency is empowered to revoke
  413  any such permit upon a determination by the agency that the
  414  construction, erection, alteration, modification, repair, or
  415  demolition of the building for which the permit was issued is in
  416  violation of, or not in conformity with, the provisions of the
  417  Florida Building Code. Whenever a permit required under this
  418  section is denied or revoked because the plan, or the
  419  construction, erection, alteration, modification, repair, or
  420  demolition of a building, is found by the local enforcing agency
  421  to be not in compliance with the Florida Building Code, the
  422  local enforcing agency shall identify the specific plan or
  423  project features that do not comply with the applicable codes,
  424  identify the specific code chapters and sections upon which the
  425  finding is based, and provide this information to the permit
  426  applicant. Failure to provide a reason, based on compliance with
  427  the Florida Building Code or local ordinance, for a denial,
  428  revocation, or modification request to the applicant shall
  429  subject the plans reviewer or building code administrator
  430  responsible with creating the denial, revocation, or
  431  modification request to disciplinary action against his or her
  432  license pursuant to s. 468.621(1)(j). Installation, replacement,
  433  removal, or metering of any load management control device is
  434  exempt from and shall not be subject to the permit process and
  435  fees otherwise required by this section.
  436         (6) A permit may not be issued for any building
  437  construction, erection, alteration, modification, repair, or
  438  addition unless the applicant for such permit complies with the
  439  requirements for plan review established by the Florida Building
  440  Commission within the Florida Building Code. However, the code
  441  shall set standards and criteria to authorize preliminary
  442  construction before completion of all building plans review,
  443  including, but not limited to, special permits for the
  444  foundation only, and such standards shall take effect concurrent
  445  with the first effective date of the Florida Building Code.
  446  After submittal of the appropriate construction documents, the
  447  building official may issue a permit for the construction of
  448  foundations or any other part of a building or structure before
  449  the construction documents for the whole building or structure
  450  have been submitted. If such a permit is issued, the
  451  permitholder may proceed at its own risk and without assurance
  452  that a permit for the entire structure will be granted.
  453  Corrections may be required to meet the requirements of the
  454  technical codes.
  455         Section 19. Section 553.7931, Florida Statutes, is created
  456  to read:
  457         553.7931Alarm system registrations.—
  458         (1) As used in this section, the term “applicable local
  459  governmental entity” means the local enforcement agency or local
  460  law enforcement agency responsible for the administration of
  461  alarm system registration in a jurisdiction.
  462         (a) The owner, lessee, or occupant, or an authorized
  463  representative thereof, of a property must register their alarm
  464  system with the applicable local governmental entity if such
  465  entity requires registration of an alarm system.
  466         (b)1. A contractor, as defined in s. 553.793, or an alarm
  467  system monitoring company that installs a monitored alarm system
  468  shall provide written notice, on paper or electronically, to an
  469  owner, a lessee, or an occupant, or an authorized representative
  470  thereof, before activation or reactivation of an alarm system,
  471  that an obligation to register the alarm system with an
  472  applicable local governmental entity may exist.
  473         2. An alarm system monitoring company that activates an
  474  alarm system installed by an owner, a lessee, or an occupant, or
  475  an authorized representative thereof, shall provide verbal
  476  notice to the owner, lessee, or occupant, or authorized
  477  representative thereof, before activation or reactivation of an
  478  alarm system, that an obligation to register the alarm system
  479  with an applicable local governmental entity may exist.
  480         (2) A contractor or an alarm system monitoring company
  481  shall not be liable for civil penalties and fines assessed or
  482  imposed by the applicable local governmental entity for failure
  483  to register an alarm system, dispatch to an unregistered user,
  484  or for excessive false alarms not attributed to alarm system
  485  monitoring company error or improper installation by the
  486  contractor or alarm system monitoring company.
  487         (3)A municipality, county, district, or other local
  488  governmental entity may not require that an alarm system
  489  registration form be notarized before an alarm system may be
  490  registered.
  491         (4)A municipality, county, district, or other local
  492  governmental entity may not adopt or maintain in effect any
  493  ordinance or rule regarding alarm system registration that is
  494  inconsistent with this section.
  495         Section 20. Paragraph (d) is added to subsection (7) of
  496  section 553.80, Florida Statutes, to read:
  497         553.80 Enforcement.—
  498         (7) The governing bodies of local governments may provide a
  499  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
  500  166.222 and this section, for enforcing this part. These fees,
  501  and any fines or investment earnings related to the fees, shall
  502  be used solely for carrying out the local government’s
  503  responsibilities in enforcing the Florida Building Code. When
  504  providing a schedule of reasonable fees, the total estimated
  505  annual revenue derived from fees, and the fines and investment
  506  earnings related to the fees, may not exceed the total estimated
  507  annual costs of allowable activities. Any unexpended balances
  508  shall be carried forward to future years for allowable
  509  activities or shall be refunded at the discretion of the local
  510  government. The basis for a fee structure for allowable
  511  activities shall relate to the level of service provided by the
  512  local government and shall include consideration for refunding
  513  fees due to reduced services based on services provided as
  514  prescribed by s. 553.791, but not provided by the local
  515  government. Fees charged shall be consistently applied.
  516         (d)The local enforcement agency may not require the
  517  payment of any additional fees, charges, or expenses associated
  518  with:
  519         1.Providing proof of licensure pursuant to chapter 489;
  520         2.Recording or filing a license issued pursuant to this
  521  chapter; or
  522         3.Providing, recording, or filing evidence of workers’
  523  compensation insurance coverage as required by chapter 440.
  524         Section 21. Paragraph (a) of subsection (8) of section
  525  553.842, Florida Statutes, is amended to read:
  526         553.842 Product evaluation and approval.—
  527         (8) The commission may adopt rules to approve the following
  528  types of entities that produce information on which product
  529  approvals are based. All of the following entities, including
  530  engineers and architects, must comply with a nationally
  531  recognized standard demonstrating independence or no conflict of
  532  interest:
  533         (a) Evaluation entities approved pursuant to this
  534  paragraph. The commission shall specifically approve the
  535  National Evaluation Service, the International Association of
  536  Plumbing and Mechanical Officials Evaluation Service, the
  537  International Code Council Evaluation Services, Underwriters
  538  Laboratories, LLC, Intertek Testing Services NA, Inc., and the
  539  Miami-Dade County Building Code Compliance Office Product
  540  Control Division. Architects and engineers licensed in this
  541  state are also approved to conduct product evaluations as
  542  provided in subsection (5).
  543         Section 22. Paragraph (c) of subsection (3) of section
  544  553.844, Florida Statutes, is amended and subsection (4) of that
  545  section is revived, readopted, and amended to read:
  546         553.844 Windstorm loss mitigation; requirements for roofs
  547  and opening protection.—
  548         (3) The Legislature finds that the integration of these
  549  specifically identified mitigation measures is critical to
  550  addressing the serious problem facing the state from damage
  551  caused by windstorms and that delay in the adoption and
  552  implementation constitutes a threat to the health, safety, and
  553  welfare of the state. Accordingly, the Florida Building
  554  Commission shall develop and adopt these measures by October 1,
  555  2007, by rule separate from the Florida Building Code, which
  556  take immediate effect and shall incorporate such requirements
  557  into the next edition of the Florida Building Code. Such rules
  558  shall require or otherwise clarify that for site-built, single
  559  family residential structures:
  560         (c) Any activity requiring a building permit, not including
  561  work associated with the prevention of degradation of the
  562  residence, that is applied for on or after July 1, 2008, and for
  563  which the estimated cost is $50,000 or more, must include
  564  provision of opening protections as required within the Florida
  565  Building Code for new construction for a building that is
  566  located in the wind-borne debris region as defined in s. 1609.2
  567  of the International Building Code (2006) and that has an
  568  insured value of $750,000 or more, or, if the building is
  569  uninsured or for which documentation of insured value is not
  570  presented, has a just valuation for the structure for purposes
  571  of ad valorem taxation of $750,000 or more.
  572         (4) Notwithstanding the provisions of this section, exposed
  573  mechanical equipment or appliances fastened to a roof or
  574  installed on the ground in compliance with the code using rated
  575  stands, platforms, curbs, slabs, walls, or other means are
  576  deemed to comply with the wind resistance requirements of the
  577  2007 Florida Building Code, as amended. Further support or
  578  enclosure of such mechanical equipment or appliances is not
  579  required by a state or local official having authority to
  580  enforce the Florida Building Code. This subsection expires on
  581  the effective date of the 2013 Florida Building Code.
  582         Section 23. Section 553.883, Florida Statutes, is amended
  583  to read:
  584         553.883 Smoke alarms in one-family and two-family dwellings
  585  and townhomes.—One-family and two-family dwellings and townhomes
  586  undergoing a repair, or a level 1 alteration as defined in the
  587  Florida Building Code, may use smoke alarms powered by 10-year
  588  nonremovable, nonreplaceable batteries in lieu of retrofitting
  589  such dwelling with smoke alarms powered by the dwelling’s
  590  electrical system. Effective January 1, 2015, A battery-powered
  591  smoke alarm that is newly installed or replaces an existing
  592  battery-powered smoke alarm as a result of a level 1 alteration,
  593  must be powered by a nonremovable, nonreplaceable battery that
  594  powers the alarm for at least 10 years. The battery requirements
  595  of this section do not apply to a fire alarm, smoke detector,
  596  smoke alarm, or ancillary component that is electronically
  597  connected as a part of a centrally monitored or supervised alarm
  598  system; that uses a low-power radio frequency wireless
  599  communication signal; or that contains multiple sensors, such as
  600  a smoke alarm combined with a carbon monoxide alarm or other
  601  multi-sensor devices, and is approved and listed by a nationally
  602  recognized testing laboratory.
  603         Section 24. Section 553.908, Florida Statutes, is amended
  604  to read:
  605         553.908 Inspection.—Before construction or renovation is
  606  completed, the local enforcement agency shall inspect buildings
  607  for compliance with the standards of this part. Notwithstanding
  608  any other provision of the code or law, effective July 1, 2016,
  609  section R402.4.1.2 of the Florida Building Code, 5th Edition
  610  (2014) Energy Conservation, which became effective on June 30,
  611  2015, shall increase the building’s or dwelling unit’s maximum
  612  tested air leakage measure from “not exceeding 5 air changes per
  613  hour” to “not exceeding 7 air changes per hour” in Climate Zones
  614  1 and 2. The mandatory blower door testing for residential
  615  buildings or dwelling units as contained in section R402.1.2 of
  616  the Florida Building Code, 5th Edition (2014) Energy
  617  Conservation, may not take effect until July 1, 2016, and does
  618  not apply to construction permitted before July 1, 2017.
  619  Additionally, section M401.2 of the Florida Building Code, 5th
  620  Edition (2014) Mechanical, which became effective on June 30,
  621  2015, shall decrease the air filtration rate in a dwelling unit
  622  from “less than 5” to “less than 3” air changes per hour when
  623  tested with a blower door at a pressure of 0.2-inch water column
  624  (50 Pascals) in accordance with Section R402.4.1.2 of the
  625  Florida Building Code, 5th Edition (2014) Energy Conservation.
  626         Section 25. Subsection (3) of section 553.993, Florida
  627  Statutes, is amended to read:
  628         553.993 Definitions.—For purposes of this part:
  629         (3) “Building energy-efficiency rating system” means a
  630  whole building energy evaluation system that provides a reliable
  631  and scientifically based analysis of a building’s energy
  632  consumption or energy features and allows a comparison to
  633  similar building types in similar climate zones where
  634  applicable. Specifically, the rating system shall use standard
  635  calculations, formulas, and scoring methods; be applicable
  636  nationally; compare a building to a clearly defined and
  637  researched baseline or benchmark; require qualified
  638  professionals to conduct the rating or assessment; and provide a
  639  labeling and recognition program with specific criteria or
  640  levels. Residential program benchmarks for new construction must
  641  be consistent with national building standards. Residential
  642  building program benchmarks for existing construction must be
  643  consistent with national home energy rating standards. The
  644  building energy-efficiency rating system shall require at least
  645  one level of oversight performed by an organized and balanced
  646  group of professionals with subject matter expertise in energy
  647  efficiency, energy rating, and evaluation methods established by
  648  the Residential Energy Services Network, the Commercial Energy
  649  Services Network, the Building Performance Institute, the
  650  American Society of Heating, Refrigerating and Air-Conditioning
  651  Engineers, or the
  652  
  653  ================= T I T L E  A M E N D M E N T ================
  654  And the title is amended as follows:
  655         Delete lines 1555 - 1652
  656  and insert:
  657         amending s. 514.0115, F.S.; prohibiting a temporary
  658         pool from being regulated as a public pool in certain
  659         circumstances; amending s. 514.031, F.S.; providing
  660         that a temporary pool may not be used as a public pool
  661         unless it is exempt under s. 514.0115, F.S.; amending
  662         s. 515.27, F.S.; adding swimming pool alarms as a
  663         safety feature that satisfies requirements for final
  664         inspection and issuance of a certificate of
  665         completion; amending s. 553.512, F.S.; revising the
  666         membership of the Accessibility Advisory Council;
  667         amending s. 553.721, F.S.; directing the Florida
  668         Building Code Compliance and Mitigation Program to
  669         fund, from existing resources, the recommendations
  670         made by the Building Code System Uniform
  671         Implementation Evaluation Workgroup; providing a
  672         limitation; requiring that a specified amount of funds
  673         from the surcharge be used to fund certain Florida
  674         Fire Prevention Code informal interpretations;
  675         requiring the State Fire Marshal to adopt specified
  676         rules; amending s. 553.73, F.S.; authorizing local
  677         boards created to address specified issues to combine
  678         the appeals boards to create a single, local board;
  679         authorizing the local board to grant alternatives or
  680         modifications through specified procedures; requiring
  681         at least one member of a board to be a fire protection
  682         contractor, a fire protection design professional, a
  683         fire department operations professional, or a fire
  684         code enforcement professional in order to meet a
  685         specified quorum requirement; authorizing the appeal
  686         to a local administrative board of specified decisions
  687         made by a local fire official; specifying the
  688         decisions of the local building official and the local
  689         fire official which are subject to review; prohibiting
  690         an agency or local government from requiring that
  691         existing mechanical equipment located on or above the
  692         surface of a roof be installed in compliance with the
  693         Florida Building Code under certain circumstances;
  694         requiring the Florida Building Code to require two
  695         fire service access elevators in certain buildings;
  696         providing that a 1-hour fire-rated fire service access
  697         elevator lobby is not required in certain
  698         circumstances; requiring a 1-hour fire-related fire
  699         service access elevator lobby in certain
  700         circumstances; amending s. 553.775, F.S.; revising the
  701         membership of a panel that hears requests to review
  702         decisions of local building officials; amending s.
  703         553.79, F.S.; providing that failure of a plans
  704         reviewer or building code administrator to provide a
  705         reason for denial or revocation of a building permit
  706         must result in disciplinary action; authorizing a
  707         building official to issue a permit for the
  708         construction of the foundation or any other part of a
  709         building or structure before the construction
  710         documents for the whole building or structure have
  711         been submitted; providing that the holder of such a
  712         permit may begin building at the holder’s own risk
  713         with the building operation and without assurance that
  714         a permit for the entire structure will be granted;
  715         creating s. 553.7931, F.S.; defining the term
  716         “applicable local governmental entity”; requiring the
  717         owner, lessee, or occupant, or an authorized
  718         representative thereof, of a property to register an
  719         alarm system under certain circumstances; requiring a
  720         contractor to provide written notice to an owner,
  721         lessee, or occupant, or an authorized representative
  722         thereof, that an obligation to register the alarm
  723         system may exist; requiring alarm system monitoring
  724         companies to provide written or verbal notice, in
  725         certain circumstances, to an owner, lessee, or
  726         occupant, or an authorized representative thereof,
  727         that an obligation to register the alarm system may
  728         exist; providing that a contractor or alarm system
  729         monitoring company is not liable for specified fines
  730         and penalties; prohibiting local governmental entities
  731         from requiring notarization of an alarm system
  732         registration form; providing for preemption; amending
  733         s. 553.80, F.S.; prohibiting a local enforcement
  734         agency from charging additional fees related to the
  735         recording of a contractor’s license or workers’
  736         compensation insurance; amending s. 553.842, F.S.;
  737         providing that Underwriters Laboratories, LLC, and
  738         Intertek Testing Services NA, Inc., are approved
  739         evaluation entities; amending s. 553.844, F.S.;
  740         excluding work associated with the prevention of
  741         degradation of a residence from certain building
  742         permit requirements; deleting an obsolete provision
  743         providing for expiration of requirements for the
  744         adoption of certain mitigation techniques by the
  745         Florida Building Commission within the Florida
  746         Building Code for certain structures and revising the
  747         requirements; amending s. 553.883, F.S.; exempting
  748         certain devices from certain