Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 704
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2016           .                                

       The Committee on Community Affairs (Hutson) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 804 - 1409
    4  and insert:
    5  the hearing impaired; a representative from the Pensacola Pen
    6  Wheels, Inc., Employ the Handicapped Council President, Florida
    7  Council of Handicapped Organizations; and a representative of
    8  the Paralyzed Veterans of America. The terms for the first three
    9  council members appointed subsequent to October 1, 1991, shall
   10  be for 4 years, the terms for the next two council members
   11  appointed shall be for 3 years, and the terms for the next two
   12  members shall be for 2 years. Thereafter, all council member
   13  appointments shall be for terms of 4 years. No council member
   14  shall serve more than two 4-year terms subsequent to October 1,
   15  1991. Any member of the council may be replaced by the secretary
   16  upon three unexcused absences. Upon application made in the form
   17  provided, an individual waiver or modification may be granted by
   18  the commission so long as such modification or waiver is not in
   19  conflict with more stringent standards provided in another
   20  chapter.
   21         Section 20. Section 553.721, Florida Statutes, is amended
   22  to read:
   23         553.721 Surcharge.—In order for the Department of Business
   24  and Professional Regulation to administer and carry out the
   25  purposes of this part and related activities, there is created a
   26  surcharge, to be assessed at the rate of 1.5 percent of the
   27  permit fees associated with enforcement of the Florida Building
   28  Code as defined by the uniform account criteria and specifically
   29  the uniform account code for building permits adopted for local
   30  government financial reporting pursuant to s. 218.32. The
   31  minimum amount collected on any permit issued shall be $2. The
   32  unit of government responsible for collecting a permit fee
   33  pursuant to s. 125.56(4) or s. 166.201 shall collect the
   34  surcharge and electronically remit the funds collected to the
   35  department on a quarterly calendar basis for the preceding
   36  quarter and continuing each third month thereafter. The unit of
   37  government shall retain 10 percent of the surcharge collected to
   38  fund the participation of building departments in the national
   39  and state building code adoption processes and to provide
   40  education related to enforcement of the Florida Building Code.
   41  All funds remitted to the department pursuant to this section
   42  shall be deposited in the Professional Regulation Trust Fund.
   43  Funds collected from the surcharge shall be allocated to fund
   44  the Florida Building Commission and the Florida Building Code
   45  Compliance and Mitigation Program under s. 553.841. Funds
   46  allocated to the Florida Building Code Compliance and Mitigation
   47  Program shall be $925,000 each fiscal year. The Florida Building
   48  Code Compliance and Mitigation Program shall fund the
   49  recommendations made by the Building Code System Uniform
   50  Implementation Evaluation Workgroup, dated April 8, 2013, from
   51  existing resources, not to exceed $30,000 in the 2016-2017
   52  fiscal year. Funds collected from the surcharge shall also be
   53  used to fund Florida Fire Prevention Code informal
   54  interpretations managed by the State Fire Marshal and shall be
   55  limited to $15,000 each fiscal year. The State Fire Marshal
   56  shall adopt rules to address the implementation and expenditure
   57  of the funds allocated to fund the Florida Fire Prevention Code
   58  informal interpretations under this section. The funds collected
   59  from the surcharge may not be used to fund research on
   60  techniques for mitigation of radon in existing buildings. Funds
   61  used by the department as well as funds to be transferred to the
   62  Department of Health and the State Fire Marshal shall be as
   63  prescribed in the annual General Appropriations Act. The
   64  department shall adopt rules governing the collection and
   65  remittance of surcharges pursuant to chapter 120.
   66         Section 21. Subsections (11) and (15) of section 553.73,
   67  Florida Statutes, are amended, and subsection (19) is added to
   68  that section, to read:
   69         553.73 Florida Building Code.—
   70         (11)(a) In the event of a conflict between the Florida
   71  Building Code and the Florida Fire Prevention Code and the Life
   72  Safety Code as applied to a specific project, the conflict shall
   73  be resolved by agreement between the local building code
   74  enforcement official and the local fire code enforcement
   75  official in favor of the requirement of the code which offers
   76  the greatest degree of lifesafety or alternatives which would
   77  provide an equivalent degree of lifesafety and an equivalent
   78  method of construction. Local boards created to address issues
   79  arising under the Florida Building Code or the Florida Fire
   80  Prevention Code may combine the appeals boards to create a
   81  single, local board having jurisdiction over matters arising
   82  under either code or both codes. The combined local appeals
   83  board may grant alternatives or modifications through procedures
   84  outlined in NFPA 1, Section 1.4, but may not waive the
   85  requirements of the Florida Fire Prevention Code. To meet the
   86  quorum requirement for convening the combined local appeals
   87  board, at least one member of the board who is a fire protection
   88  contractor, a fire protection design professional, a fire
   89  department operations professional, or a fire code enforcement
   90  professional must be present.
   91         (b) Any decision made by the local fire official regarding
   92  application, interpretation, or enforcement of the Florida Fire
   93  Prevention Code, by and the local building official regarding
   94  application, interpretation, or enforcement of the Florida
   95  Building Code, or the appropriate application of either code or
   96  both codes in the case of a conflict between the codes may be
   97  appealed to a local administrative board designated by the
   98  municipality, county, or special district having firesafety
   99  responsibilities. If the decision of the local fire official and
  100  the local building official is to apply the provisions of either
  101  the Florida Building Code or the Florida Fire Prevention Code
  102  and the Life Safety Code, the board may not alter the decision
  103  unless the board determines that the application of such code is
  104  not reasonable. If the decision of the local fire official and
  105  the local building official is to adopt an alternative to the
  106  codes, the local administrative board shall give due regard to
  107  the decision rendered by the local officials and may modify that
  108  decision if the administrative board adopts a better
  109  alternative, taking into consideration all relevant
  110  circumstances. In any case in which the local administrative
  111  board adopts alternatives to the decision rendered by the local
  112  fire official and the local building official, such alternatives
  113  shall provide an equivalent degree of lifesafety and an
  114  equivalent method of construction as the decision rendered by
  115  the local officials.
  116         (c) If the local building official and the local fire
  117  official are unable to agree on a resolution of the conflict
  118  between the Florida Building Code and the Florida Fire
  119  Prevention Code and the Life Safety Code, the local
  120  administrative board shall resolve the conflict in favor of the
  121  code which offers the greatest degree of lifesafety or
  122  alternatives which would provide an equivalent degree of
  123  lifesafety and an equivalent method of construction.
  124         (d) All decisions of the local administrative board, or, if
  125  none exists, the decisions of the local building official and
  126  the local fire official in regard to the application,
  127  enforcement, or interpretation of the Florida Fire Prevention
  128  Code, or conflicts between the Florida Fire Prevention Code and
  129  the Florida Building Code, are subject to review by a joint
  130  committee composed of members of the Florida Building Commission
  131  and the Fire Code Advisory Council. If the joint committee is
  132  unable to resolve conflicts between the codes as applied to a
  133  specific project, the matter shall be resolved pursuant to the
  134  provisions of paragraph (1)(d). Decisions of the local
  135  administrative board related solely to the Florida Building Code
  136  are subject to review as set forth in s. 553.775.
  137         (e) The local administrative board shall, to the greatest
  138  extent possible, be composed of members with expertise in
  139  building construction and firesafety standards.
  140         (f) All decisions of the local building official and local
  141  fire official and all decisions of the administrative board
  142  shall be in writing and shall be binding upon a person but do
  143  not limit the authority of the State Fire Marshal or the Florida
  144  Building Commission pursuant to paragraph (1)(d) and ss. 633.104
  145  and 633.228. Decisions of general application shall be indexed
  146  by building and fire code sections and shall be available for
  147  inspection during normal business hours.
  148         (15) An agency or local government may not require that
  149  existing mechanical equipment located on or above the surface of
  150  a roof be installed in compliance with the requirements of the
  151  Florida Building Code except during reroofing when the equipment
  152  is being replaced or moved during reroofing and is not in
  153  compliance with the provisions of the Florida Building Code
  154  relating to roof-mounted mechanical units.
  155         (19) The Florida Building Code may not require more than
  156  one fire service access elevator in a residential occupancy
  157  where the highest occupiable floor is less than 420 feet above
  158  the level of fire service access and all remaining elevators are
  159  provided with Phase I and II emergency operations. Where fire
  160  service access elevators are required, the code may not require
  161  a 1-hour fire-rated fire service access elevator lobby with
  162  direct access from the fire service access elevators if the fire
  163  service access elevators open into an exit access corridor that
  164  is at least 150 square feet with the exception of door openings;
  165  is no less than 6 feet wide for its entire length; and has a
  166  minimum 1-hour fire rating with three-quarter hour fire and
  167  smoke rated openings and if, and during a fire event, the fire
  168  service access elevators are pressurized and floor-to-floor
  169  smoke control is provided. However, where transient residential
  170  occupancies occur at floor levels above 420 feet above the level
  171  of fire service access, a 1-hour fire-rated fire service access
  172  elevator lobby with direct access from the fire service access
  173  elevators is required. The requirement for a second fire service
  174  access elevator is not considered a part of the Florida Building
  175  Code and therefore does not take effect until July 1, 2017.
  176         Section 22. Paragraph (c) of subsection (3) of section
  177  553.775, Florida Statutes, is amended to read:
  178         553.775 Interpretations.—
  179         (3) The following procedures may be invoked regarding
  180  interpretations of the Florida Building Code or the Florida
  181  Accessibility Code for Building Construction:
  182         (c) The commission shall review decisions of local building
  183  officials and local enforcement agencies regarding
  184  interpretations of the Florida Building Code or the Florida
  185  Accessibility Code for Building Construction after the local
  186  board of appeals has considered the decision, if such board
  187  exists, and if such appeals process is concluded within 25
  188  business days.
  189         1. The commission shall coordinate with the Building
  190  Officials Association of Florida, Inc., to designate a panel
  191  panels composed of seven five members to hear requests to review
  192  decisions of local building officials. Five The members must be
  193  licensed as building code administrators under part XII of
  194  chapter 468, one member must be licensed as an architect under
  195  chapter 481, and one member must be licensed as an engineer
  196  under chapter 471. Each member and must have experience
  197  interpreting or and enforcing provisions of the Florida Building
  198  Code and the Florida Accessibility Code for Building
  199  Construction.
  200         2. Requests to review a decision of a local building
  201  official interpreting provisions of the Florida Building Code or
  202  the Florida Accessibility Code for Building Construction may be
  203  initiated by any substantially affected person, including an
  204  owner or builder subject to a decision of a local building
  205  official or an association of owners or builders having members
  206  who are subject to a decision of a local building official. In
  207  order to initiate review, the substantially affected person must
  208  file a petition with the commission. The commission shall adopt
  209  a form for the petition, which shall be published on the
  210  Building Code Information System. The form shall, at a minimum,
  211  require the following:
  212         a. The name and address of the county or municipality in
  213  which provisions of the Florida Building Code or the Florida
  214  Accessibility Code for Building Construction are being
  215  interpreted.
  216         b. The name and address of the local building official who
  217  has made the interpretation being appealed.
  218         c. The name, address, and telephone number of the
  219  petitioner; the name, address, and telephone number of the
  220  petitioner’s representative, if any; and an explanation of how
  221  the petitioner’s substantial interests are being affected by the
  222  local interpretation of the Florida Building Code or the Florida
  223  Accessibility Code for Building Construction.
  224         d. A statement of the provisions of the Florida Building
  225  Code or the Florida Accessibility Code for Building Construction
  226  which are being interpreted by the local building official.
  227         e. A statement of the interpretation given to provisions of
  228  the Florida Building Code or the Florida Accessibility Code for
  229  Building Construction by the local building official and the
  230  manner in which the interpretation was rendered.
  231         f. A statement of the interpretation that the petitioner
  232  contends should be given to the provisions of the Florida
  233  Building Code or the Florida Accessibility Code for Building
  234  Construction and a statement supporting the petitioner’s
  235  interpretation.
  236         g. Space for the local building official to respond in
  237  writing. The space shall, at a minimum, require the local
  238  building official to respond by providing a statement admitting
  239  or denying the statements contained in the petition and a
  240  statement of the interpretation of the provisions of the Florida
  241  Building Code or the Florida Accessibility Code for Building
  242  Construction which the local jurisdiction or the local building
  243  official contends is correct, including the basis for the
  244  interpretation.
  245         3. The petitioner shall submit the petition to the local
  246  building official, who shall place the date of receipt on the
  247  petition. The local building official shall respond to the
  248  petition in accordance with the form and shall return the
  249  petition along with his or her response to the petitioner within
  250  5 days after receipt, exclusive of Saturdays, Sundays, and legal
  251  holidays. The petitioner may file the petition with the
  252  commission at any time after the local building official
  253  provides a response. If no response is provided by the local
  254  building official, the petitioner may file the petition with the
  255  commission 10 days after submission of the petition to the local
  256  building official and shall note that the local building
  257  official did not respond.
  258         4. Upon receipt of a petition that meets the requirements
  259  of subparagraph 2., the commission shall immediately provide
  260  copies of the petition to the a panel, and the commission shall
  261  publish the petition, including any response submitted by the
  262  local building official, on the Building Code Information System
  263  in a manner that allows interested persons to address the issues
  264  by posting comments.
  265         5. The panel shall conduct proceedings as necessary to
  266  resolve the issues; shall give due regard to the petitions, the
  267  response, and to comments posed on the Building Code Information
  268  System; and shall issue an interpretation regarding the
  269  provisions of the Florida Building Code or the Florida
  270  Accessibility Code for Building Construction within 21 days
  271  after the filing of the petition. The panel shall render a
  272  determination based upon the Florida Building Code or the
  273  Florida Accessibility Code for Building Construction or, if the
  274  code is ambiguous, the intent of the code. The panel’s
  275  interpretation shall be provided to the commission, which shall
  276  publish the interpretation on the Building Code Information
  277  System and in the Florida Administrative Register. The
  278  interpretation shall be considered an interpretation entered by
  279  the commission, and shall be binding upon the parties and upon
  280  all jurisdictions subject to the Florida Building Code or the
  281  Florida Accessibility Code for Building Construction, unless it
  282  is superseded by a declaratory statement issued by the Florida
  283  Building Commission or by a final order entered after an appeal
  284  proceeding conducted in accordance with subparagraph 7.
  285         6. It is the intent of the Legislature that review
  286  proceedings be completed within 21 days after the date that a
  287  petition seeking review is filed with the commission, and the
  288  time periods set forth in this paragraph may be waived only upon
  289  consent of all parties.
  290         7. Any substantially affected person may appeal an
  291  interpretation rendered by the a hearing officer panel by filing
  292  a petition with the commission. Such appeals shall be initiated
  293  in accordance with chapter 120 and the uniform rules of
  294  procedure and must be filed within 30 days after publication of
  295  the interpretation on the Building Code Information System or in
  296  the Florida Administrative Register. Hearings shall be conducted
  297  pursuant to chapter 120 and the uniform rules of procedure.
  298  Decisions of the commission are subject to judicial review
  299  pursuant to s. 120.68. The final order of the commission is
  300  binding upon the parties and upon all jurisdictions subject to
  301  the Florida Building Code or the Florida Accessibility Code for
  302  Building Construction.
  303         8. The burden of proof in any proceeding initiated in
  304  accordance with subparagraph 7. is on the party who initiated
  305  the appeal.
  306         9. In any review proceeding initiated in accordance with
  307  this paragraph, including any proceeding initiated in accordance
  308  with subparagraph 7., the fact that an owner or builder has
  309  proceeded with construction may not be grounds for determining
  310  an issue to be moot if the issue is one that is likely to arise
  311  in the future.
  313  This paragraph provides the exclusive remedy for addressing
  314  requests to review local interpretations of the Florida Building
  315  Code or the Florida Accessibility Code for Building Construction
  316  and appeals from review proceedings.
  317         Section 23. Subsection (6) of section 553.79, Florida
  318  Statutes, is amended, and subsection (20) is added to that
  319  section, to read:
  320         553.79 Permits; applications; issuance; inspections.—
  321         (6) A permit may not be issued for any building
  322  construction, erection, alteration, modification, repair, or
  323  addition unless the applicant for such permit complies with the
  324  requirements for plan review established by the Florida Building
  325  Commission within the Florida Building Code. However, the code
  326  shall set standards and criteria to authorize preliminary
  327  construction before completion of all building plans review,
  328  including, but not limited to, special permits for the
  329  foundation only, and such standards shall take effect concurrent
  330  with the first effective date of the Florida Building Code.
  331  After submittal of the appropriate construction documents, the
  332  building official may issue a permit for the construction of
  333  foundations or any other part of a building or structure before
  334  the construction documents for the whole building or structure
  335  have been submitted. The holder of such permit for the
  336  foundation or other parts of a building or structure shall
  337  proceed at the holder’s own risk and without assurance that a
  338  permit for the entire structure will be granted. Corrections may
  339  be required to meet the requirements of the technical codes.
  340         (20) Notwithstanding any municipal ordinance to the
  341  contrary, a municipality may not deny a development permit
  342  application for a single-family home on any lot or combination
  343  of lots solely because such lot or combination of lots does not
  344  meet the current underlying zoning dimensional standards for
  345  minimum lot size and area. For the purposes of this subsection,
  346  the term “combination of lots” means a parcel of property which
  347  consists of more than one lot and which is under common
  348  ownership.
  349         Section 24. Paragraph (d) is added to subsection (7) of
  350  section 553.80, Florida Statutes, to read:
  351         553.80 Enforcement.—
  352         (7) The governing bodies of local governments may provide a
  353  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
  354  166.222 and this section, for enforcing this part. These fees,
  355  and any fines or investment earnings related to the fees, shall
  356  be used solely for carrying out the local government’s
  357  responsibilities in enforcing the Florida Building Code. When
  358  providing a schedule of reasonable fees, the total estimated
  359  annual revenue derived from fees, and the fines and investment
  360  earnings related to the fees, may not exceed the total estimated
  361  annual costs of allowable activities. Any unexpended balances
  362  shall be carried forward to future years for allowable
  363  activities or shall be refunded at the discretion of the local
  364  government. The basis for a fee structure for allowable
  365  activities shall relate to the level of service provided by the
  366  local government and shall include consideration for refunding
  367  fees due to reduced services based on services provided as
  368  prescribed by s. 553.791, but not provided by the local
  369  government. Fees charged shall be consistently applied.
  370         (d)The local enforcement agency may not require the
  371  payment of any additional fees, charges, or expenses associated
  372  with:
  373         1.Providing proof of licensure pursuant to this chapter;
  374         2.Recording or filing a license issued pursuant to this
  375  chapter; or
  376         3.Providing, recording, or filing evidence of workers’
  377  compensation insurance coverage as required by chapter 440.
  378         Section 25. Subsections (4) and (7) of section 553.841,
  379  Florida Statutes, are amended to read:
  380         553.841 Building code compliance and mitigation program.—
  381         (4) In administering the Florida Building Code Compliance
  382  and Mitigation Program, the department may shall maintain,
  383  update, develop, or cause to be developed code-related training
  384  and education advanced modules designed for use by each
  385  profession.
  386         (7) The Florida Building Commission shall provide by rule
  387  for the accreditation of courses related to the Florida Building
  388  Code by accreditors approved by the commission. The commission
  389  shall establish qualifications of accreditors and criteria for
  390  the accreditation of courses by rule. The commission may revoke
  391  the accreditation of a course by an accreditor if the
  392  accreditation is demonstrated to violate this part or the rules
  393  of the commission.
  394         Section 26. Paragraph (a) of subsection (8) of section
  395  553.842, Florida Statutes, is amended to read:
  396         553.842 Product evaluation and approval.—
  397         (8) The commission may adopt rules to approve the following
  398  types of entities that produce information on which product
  399  approvals are based. All of the following entities, including
  400  engineers and architects, must comply with a nationally
  401  recognized standard demonstrating independence or no conflict of
  402  interest:
  403         (a) Evaluation entities approved pursuant to this
  404  paragraph. The commission shall specifically approve the
  405  National Evaluation Service, the International Association of
  406  Plumbing and Mechanical Officials Evaluation Service, the
  407  International Code Council Evaluation Services, Underwriters
  408  Laboratories, Inc., and the Miami-Dade County Building Code
  409  Compliance Office Product Control Division. Architects and
  410  engineers licensed in this state are also approved to conduct
  411  product evaluations as provided in subsection (5).
  412         Section 27. Subsection (4) of section 553.844, Florida
  413  Statutes, is revived, readopted, and amended to read:
  414         553.844 Windstorm loss mitigation; requirements for roofs
  415  and opening protection.—
  416         (4) Notwithstanding the provisions of this section, exposed
  417  mechanical equipment or appliances fastened to a roof or
  418  installed on the ground in compliance with the code using rated
  419  stands, platforms, curbs, slabs, walls, or other means are
  420  deemed to comply with the wind resistance requirements of the
  421  2007 Florida Building Code, as amended. Further support or
  422  enclosure of such mechanical equipment or appliances is not
  423  required by a state or local official having authority to
  424  enforce the Florida Building Code. This subsection expires on
  425  the effective date of the 2013 Florida Building Code.
  426         Section 28. Section 553.908, Florida Statutes, is amended
  427  to read:
  428         553.908 Inspection.—Before construction or renovation is
  429  completed, the local enforcement agency shall inspect buildings
  430  for compliance with the standards of this part. Notwithstanding
  431  any other provision of the code or law, effective July 1, 2016,
  432  section R402.4.1 of the Florida Building Code, 5th Edition
  433  (2014) Energy Conservation, which became effective on June 30,
  434  2015, shall cease to be effective. Instead, section 402.4.2 of
  435  the Florida Building Code (2010) Energy Conservation, relating
  436  to air sealing and insulation, in effect before June 30, 2015,
  437  shall govern and apply, effective June 30, 2016, and thereafter.
  438  Additionally, a state or local enforcement agency or code
  439  official may not require any type of mandatory blower door test
  440  or air infiltration test to determine specific air infiltration
  441  levels or air leakage rates in a residential building or
  442  dwelling unit and may not require the installation of any
  443  mechanical ventilation devices designed to filter outside air
  444  through an HVAC system as a condition of a permit or to
  445  determine compliance with the code. However, if section R402.4.1
  446  of the 5th Edition (2014) of the Florida Building Code, Energy
  447  Conservation is voluntarily used, the local enforcement agency
  448  shall inspect the construction or renovation for compliance with
  449  that section.
  450         Section 29. Subsections (17) and (18) are added to section
  451  633.202, Florida Statutes, to read:
  452         633.202 Florida Fire Prevention Code.—
  453         (17) The authority having jurisdiction shall determine the
  454  minimum radio signal strength for fire department communications
  455  in all new high-rise and existing high-rise buildings. Existing
  456  buildings are not required to comply with minimum radio strength
  457  for fire department communications and two-way radio system
  458  enhancement communications as required by the Florida Fire
  459  Prevention Code until January 1, 2022. However, by December 31,
  460  2019, an existing building that is not in compliance with the
  461  requirements for minimum radio strength for fire department
  462  communications must apply for an appropriate permit for the
  463  required installation with the local governmental agency having
  464  jurisdiction and must demonstrate that the building will become
  465  compliant by January 1, 2022. Existing apartment buildings are
  466  not required to comply until January 1, 2025. However, existing
  467  apartment buildings are required to apply for the appropriate
  468  permit for the required communications installation by December
  469  31, 2022.
  470         (18) Areas of refuge shall be provided if required by the
  471  Florida Accessibility Code for Building Construction. Required
  472  portions of an area of refuge shall be accessible from the space
  473  they serve by an accessible means of egress.
  474         Section 30. Subsection (5) is added to section 633.206,
  475  Florida Statutes, to read:
  476         633.206 Uniform firesafety standards—The Legislature hereby
  477  determines that to protect the public health, safety, and
  478  welfare it is necessary to provide for firesafety standards
  479  governing the construction and utilization of certain buildings
  480  and structures. The Legislature further determines that certain
  481  buildings or structures, due to their specialized use or to the
  482  special characteristics of the person utilizing or occupying
  483  these buildings or structures, should be subject to firesafety
  484  standards reflecting these special needs as may be appropriate.
  485         (5) The home environment provisions in the most current
  486  edition of the codes adopted by the division may be applied to
  487  existing assisted living facilities, at the option of each
  488  facility, notwithstanding the edition of the codes applied at
  489  the time of construction.
  490         Section 31. Subsection (5) of section 633.208, Florida
  491  Statutes, is amended to read:
  492         633.208 Minimum firesafety standards.—
  493         (5) With regard to existing buildings, the Legislature
  494  recognizes that it is not always practical to apply any or all
  495  of the provisions of the Florida Fire Prevention Code and that
  496  physical limitations may require disproportionate effort or
  497  expense with little increase in fire or life safety. Before
  498  Prior to applying the minimum firesafety code to an existing
  499  building, the local fire official shall determine whether that a
  500  threat to lifesafety or property exists. If a threat to
  501  lifesafety or property exists, the fire official shall apply the
  502  applicable firesafety code for existing buildings to the extent
  503  practical to ensure assure a reasonable degree of lifesafety and
  504  safety of property or the fire official shall fashion a
  505  reasonable alternative that which affords an equivalent degree
  506  of lifesafety and safety of property. The local fire official
  507  may consider the firesafety evaluation systems found in NFPA
  508  101A, Guide on Alternative Solutions to Life Safety, adopted by
  509  the State Fire Marshal, as acceptable systems for the
  510  identification of low-cost, reasonable alternatives. It is
  511  acceptable to use the Fire Safety Evaluation System for Board
  512  and Care Facilities using prompt evacuation capabilities
  513  parameter values on existing residential high-rise buildings.
  514  The decision of the local fire official may be appealed to the
  515  local administrative board described in s. 553.73.
  516         Section 32. Section 633.336, Florida Statutes, is amended
  517  to read:
  518         633.336 Contracting without certificate prohibited;
  519  violations; penalty.—
  520         (1) It is unlawful for any organization or individual to
  521  engage in the business of layout, fabrication, installation,
  522  inspection, alteration, repair, or service of a fire protection
  523  system, other than a preengineered system, act in the capacity
  524  of a fire protection contractor, or advertise itself as being a
  525  fire protection contractor without having been duly certified
  526  and holding a valid and existing certificate, except as
  527  hereinafter provided. The holder of a certificate used to
  528  qualify an organization must be a full-time employee of the
  529  qualified organization or business. A certificateholder who is
  530  employed by more than one fire protection contractor during the
  531  same time is deemed not to be a full-time employee of either
  532  contractor. The State Fire Marshal shall revoke, for a period
  533  determined by the State Fire Marshal, the certificate of a
  534  certificateholder who allows the use of the certificate to
  535  qualify a company of which the certificateholder is not a full
  536  time employee. A contractor who maintains more than one place of
  537  business must employ a certificateholder at each location. This
  538  subsection does not prohibit an employee acting on behalf of
  539  governmental entities from inspecting and enforcing firesafety
  540  codes, provided such employee is certified under s. 633.216.
  541         (2) A fire protection contractor certified under this
  542  chapter may not:
  543         (a) Enter into a written or oral agreement to authorize, or
  544  otherwise knowingly allow, a contractor who is not certified
  545  under this chapter to engage in the business of, or act in the
  546  capacity of, a fire protection contractor.
  547         (b) Apply for or obtain a construction permit for fire
  548  protection work unless the fire protection contractor or the
  549  business organization qualified by the fire protection
  550  contractor has contracted to conduct the work specified in the
  551  application for the permit.
  552         (3) The Legislature recognizes that special expertise is
  553  required for fire pump control panels and maintenance of
  554  electric and diesel pump drivers and that it is not economically
  555  feasible for all contractors to employ these experts full-time
  556  whose work may be limited. It is therefore deemed acceptable for
  557  a fire protection contractor licensed under chapter 633 to
  558  subcontract with companies providing advanced technical services
  559  for the installation, servicing, and maintenance of fire pump
  560  control panels and pump drivers. To ensure the integrity of the
  561  system and to protect the interests of the property owner, those
  562  providing technical support services for fire pump control
  563  panels and pump drivers must be under contract with a licensed
  564  fire protection contractor.
  565         (4)(3) A person who violates any provision of this act or
  566  commits any of the acts constituting cause for disciplinary
  567  action as herein set forth commits a misdemeanor of the second
  568  degree, punishable as provided in s. 775.082 or s. 775.083.
  569         (5)(4) In addition to the penalties provided in subsection
  570  (4) (3), a fire protection contractor certified under this
  571  chapter who violates any provision of this section or who
  572  commits any act constituting cause for disciplinary action is
  573  subject to suspension or revocation of the certificate and
  574  administrative fines pursuant to s. 633.338.
  575         Section 33. The Florida Building Commission shall define
  576  the term “fire separation distance” in Chapter 2, Definitions,
  577  of the Florida Building Code, 5th Edition (2014) Residential, as
  578  follows:
  580  “FIRE SEPARATION DISTANCE. The distance measured from the
  581  building face to one of the following:
  582  1.To the closest interior lot line;
  583  2.To the centerline of a street, an alley, or a public way;
  584  3.To an imaginary line between two buildings on the lot; or
  585  4.To an imaginary line between two buildings when the exterior
  586  wall of one building is located on a zero lot line.
  588  The distance shall be measured at a right angle from the face of
  589  the wall.”
  590         Section 34. The Florida Building Commission shall amend the
  591  Florida Building Code, 5th Edition (2014) Residential, to allow
  592  openings and roof overhang projections on the exterior wall of a
  593  building located on a zero lot line, when the building exterior
  594  wall is separated from an adjacent building exterior wall by a
  595  distance of 6 feet or more and the roof overhang projection is
  596  separated from an adjacent building projection by a distance of
  597  4 feet or more, with 1-hour fire-resistant construction on the
  598  underside of the overhang required, unless the separation
  599  between projections is 6 feet or more.
  600         Section 35. Construction Industry Workforce Task Force.—
  601         (1) The Construction Industry Workforce Task Force is
  602  created within the University of Florida M.E. Rinker, Sr. School
  603  of Building Construction Management. The goals of the task force
  604  are to:
  605         (a) Address the critical shortage of individuals trained in
  606  building construction and inspection.
  607         (b) Develop a consensus path for training the next
  608  generation of construction workers in the state.
  609         (c) Determine the causes for the current shortage of a
  610  trained construction industry work force and address the impact
  611  of the shortages on the recovery of the real estate market.
  612         (d) Review current methods and resources available for
  613  construction training.
  614         (e) Review the state of construction training available in
  615  K-12 schools.
  616         (f) Address training issues relating to building code
  617  inspectors to increase the number of qualified inspectors.
  618         (2) The task force shall consist of 19 members. Except as
  619  otherwise specified, each member shall be chosen by the
  620  association that he or she represents, as follows:
  621         (a) A member of the House of Representatives appointed by
  622  the Speaker of the House of Representatives.
  623         (b)A member of the Senate appointed by the President of
  624  the Senate.
  625         (c) A member representing the Associated General
  626  Contractors of Greater Florida.
  627         (d) A member representing the Associated Builders and
  628  Contractors of Florida.
  629         (e) A member representing the Florida Home Builders
  630  Association.
  631         (f) A member representing the Florida Fire Sprinkler
  632  Association.
  633         (g) A member representing the Florida Roofing, Sheet Metal
  634  and Air Conditioning Contractors Association.
  635         (h) A member representing the Florida Refrigeration and Air
  636  Conditioning Contractors Association.
  637         (i) A member representing the Florida Association of
  638  Plumbing, Heating, and Cooling Contractors.
  639         (j) A member representing the Florida Swimming Pool
  640  Association.
  641         (k) A member representing the National Utility Contractors
  642  Association of Florida.
  643         (l) A member representing the Florida Concrete and Products
  644  Association.
  645         (m) A member representing the Alarm Association of Florida.
  646         (n) A member representing the Independent Electrical
  647  Contractors.
  648         (o) A member representing the Florida AFL-CIO.
  649         (p) A member representing the Building Officials
  650  Association of Florida.
  651         (q) A member representing the Asphalt Contractors
  652  Association of Florida.
  653         (r) A member representing the American Fire Sprinkler
  654  Association-Florida Chapter.
  655         (s) The chair of the Florida Building Commission.
  656         (3) The task force shall elect a chair from among its
  657  members.
  658         (4) The University of Florida M.E. Rinker, Sr. School of
  659  Construction Management shall provide such assistance as is
  660  reasonably necessary to assist the task force in carrying out
  661  its responsibilities.
  662         (5) The task force shall meet as often as necessary to
  663  fulfill its responsibilities but not fewer than three times. The
  664  first meeting must be held no later than September 1, 2016.
  665  Meetings may be conducted by conference call, teleconferencing,
  666  or similar technology.
  667         (6) The task force shall submit a final report to the
  668  Governor, the President of the Senate, and the Speaker of the
  669  House of Representatives by February 1, 2017.
  670         (7) The Department of Business and Professional Regulation
  671  shall provide $50,000 from funds available for the Florida
  672  Building Code Compliance and Mitigation Program under s.
  673  553.841(5), Florida Statutes, to the University of Florida M.E.
  674  Rinker, Sr. School of Construction Management for purposes of
  675  implementing this section.
  676         (8) This section expires July 1, 2017.
  678  ================= T I T L E  A M E N D M E N T ================
  679  And the title is amended as follows:
  680         Delete lines 98 - 143
  681  and insert:
  682         prohibiting a municipality from denying certain
  683         development permit applications under certain
  684         circumstances; amending s. 553.80, F.S.; prohibiting a
  685         local enforcement agency from charging additional fees
  686         related to the recording of a contractor’s license or
  687         workers’ compensation insurance; amending s. 553.841,
  688         F.S.; authorizing the Department of Business and
  689         Professional Regulation to maintain, update, develop,
  690         or cause to be developed code-related training and
  691         education; removing provisions related to the
  692         development of advanced courses with respect to the
  693         Florida Building Code Compliance and Mitigation
  694         Program and the accreditation of courses related to
  695         the Florida Building Code; amending s. 553.842, F.S.;
  696         providing that Underwriters Laboratories, Inc., is an
  697         approved evaluation entity; amending s. 553.844, F.S.;
  698         deleting an obsolete provision; amending s. 553.908,
  699         F.S.; providing that certain provisions of the Florida
  700         Building Code or laws relating to air sealing and
  701         insulation cease to be effective on a specified date;
  702         providing for application of a specified section of
  703         the Florida Building Code (2010) in lieu of the later
  704         version of the code; prohibiting certain governmental
  705         entities from requiring certain HVAC type tests in
  706         specific buildings; authorizing such testing if a
  707         certain code is voluntarily used; amending s. 633.202,
  708         F.S.; requiring all new high-rise and existing high
  709         rise buildings to maintain a minimum radio signal
  710         strength for fire department communications; providing
  711         a transitory period for compliance; requiring existing
  712         buildings and existing apartment buildings that are
  713         not in compliance to initiate an application for an
  714         appropriate permit by a specified date; requiring
  715         areas of refuge to be required as determined by the
  716         Florida Building Code, Accessibility; amending s.
  717         633.206, F.S.; providing that certain provisions may
  718         be applied to existing assisted living facilities
  719         notwithstanding the edition of the codes applied at
  720         the time of construction; amending s. 633.208, F.S.;
  721         authorizing fire officials to consider certain systems
  722         as acceptable systems when identifying low-cost
  723         alternatives; amending s. 633.336, F.S.; authorizing a
  724         licensed fire protection contractor to subcontract for
  725         advanced technical services under certain
  726         circumstances; requiring the Florida Building
  727         Commission to adopt a specified definition of the term
  728         “fire separation distance” in the Florida Building
  729         Code; ; requiring the commission to amend the Florida
  730         Building Code to allow specified openings and roof
  731         overhang projections in certain circumstances;
  732         creating the Construction Industry Workforce Task
  733         Force within the University of Florida M.E. Rinker,
  734         Sr. School of Construction Management; specifying the
  735         goals of the task force; providing for membership;
  736         requiring the University of Florida M.E. Rinker, Sr.
  737         School of Construction Management to provide
  738         assistance to the task force; providing that members
  739         of the task force may receive per diem and travel
  740         expenses; providing for meetings; requiring a report
  741         to the Governor and Legislature by a specified date;
  742         providing an appropriation from specified funds
  743         available to the Department of Business and
  744         Professional Regulation; providing for expiration of
  745         the task force; creating the Calder Sloan