Florida Senate - 2017                      CS for CS for SB 1312
       
       
        
       By the Committees on Appropriations; and Community Affairs; and
       Senator Perry
       
       
       
       
       576-04737-17                                          20171312c2
    1                        A bill to be entitled                      
    2         An act relating to construction; amending s. 377.705,
    3         F.S.; revising legislative findings and intent;
    4         authorizing solar energy systems manufactured or sold
    5         in the state to be certified by professional
    6         engineers; amending s. 489.103, F.S.; revising an
    7         exemption from construction contracting regulation for
    8         certain public utilities; deleting responsibility of
    9         the Construction Industry Licensing Board to define
   10         the term “incidental to their business” for certain
   11         purposes; amending s. 553.721, F.S.; requiring the
   12         Department of Business and Professional Regulation to
   13         provide certain funds allocated to the University of
   14         Florida M. E. Rinker, Sr., School of Construction
   15         Management for specified purposes; providing an
   16         appropriation; amending s. 553.73, F.S.; requiring the
   17         Florida Building Commission to use certain entities
   18         and codes for updates to the Florida Building Code;
   19         revising voting requirements for a technical advisory
   20         committee to make a favorable recommendation to the
   21         commission; providing that certain technical
   22         amendments to the Florida Building Code which are
   23         adopted by a local government are not rendered void
   24         when the code is updated; specifying that such
   25         amendments are subject to review or modification if
   26         carried forward into the next edition of the code;
   27         requiring the commission to update the Florida
   28         Building Code through a review of the most current
   29         updates of specified codes; requiring the commission
   30         to adopt specified provisions from certain codes;
   31         deleting provisions limiting how long an amendment or
   32         modification is effective; deleting a provision
   33         requiring certain amendments or modifications to be
   34         carried forward into the next edition of the code,
   35         subject to certain conditions; deleting certain
   36         requirements for the resubmission of expired
   37         amendments; deleting a provision prohibiting a
   38         proposed amendment from being included in the code if
   39         it has been addressed in the international code;
   40         conforming provisions to changes made by the act;
   41         prohibiting the commission from adopting certain
   42         provisions into the Florida Building Code; amending s.
   43         553.76, F.S.; requiring the commission to adopt the
   44         Florida Building Code, and amendments thereto, by a
   45         minimum percentage of votes; amending s. 553.79, F.S.;
   46         prohibiting certain counties and municipalities from
   47         adopting or enforcing certain building permits or
   48         other development order requirements; providing
   49         construction; providing for preemption of certain
   50         local laws and regulations; providing for retroactive
   51         applicability; providing an exemption; amending s.
   52         553.791, F.S.; providing legislative intent; requiring
   53         local jurisdictions to reduce certain permit fees;
   54         amending s. 553.80, F.S.; prohibiting local
   55         enforcement agencies, independent districts, and
   56         special districts from charging certain fees; creating
   57         s. 553.9081, F.S.; requiring the Florida Building
   58         Commission to amend certain provisions of the Florida
   59         Building Code; amending s. 633.208, F.S.; prohibiting
   60         a county, municipality, special taxing district,
   61         public utility, or private utility from requiring a
   62         separate water connection or charging a specified
   63         water or sewage rate under certain conditions;
   64         prohibiting a local government from requiring a permit
   65         for painting a residence; requiring the Department of
   66         Education to develop a plan for specified purposes;
   67         requiring the department to provide the plan to the
   68         Construction Industry Workforce Task Force by a
   69         specified date; requiring CareerSource Florida, Inc.,
   70         to develop a plan for specified purposes; requiring
   71         CareerSource Florida, Inc., to provide the plan to the
   72         Construction Industry Workforce Task Force by a
   73         specified date; requiring the Florida Building
   74         Commission to amend specified provisions of the
   75         Florida Building Code related to door components;
   76         providing an effective date.
   77          
   78  Be It Enacted by the Legislature of the State of Florida:
   79  
   80         Section 1. Section 377.705, Florida Statutes, is amended to
   81  read:
   82         377.705 Solar Energy Center; development of solar energy
   83  standards.—
   84         (1) SHORT TITLE.—This act shall be known and may be cited
   85  as the Solar Energy Standards Act of 1976.
   86         (2) LEGISLATIVE FINDINGS AND INTENT.—
   87         (a)Because of increases in the cost of conventional fuel,
   88  certain applications of solar energy are becoming competitive,
   89  particularly when life-cycle costs are considered. It is the
   90  intent of the Legislature in formulating a sound and balanced
   91  energy policy for the state to encourage the development of an
   92  alternative energy capability in the form of incident solar
   93  energy.
   94         (b)Toward this purpose, The Legislature intends to provide
   95  incentives for the production and sale of, and to set standards
   96  for, solar energy systems. Such standards shall ensure that
   97  solar energy systems manufactured or sold within the state are
   98  effective and represent a high level of quality of materials,
   99  workmanship, and design.
  100         (3) DEFINITIONS.—As used in this section, the term:
  101         (a) “Center” means is defined as the Florida Solar Energy
  102  Center of the Board of Governors.
  103         (b) “Solar energy systems” means is defined as equipment
  104  which provides for the collection and use of incident solar
  105  energy for water heating, space heating or cooling, or other
  106  applications which normally require or would require a
  107  conventional source of energy such as petroleum products,
  108  natural gas, or electricity and which performs primarily with
  109  solar energy. In such other systems in which solar energy is
  110  used in a supplemental way, only those components which collect
  111  and transfer solar energy shall be included in this definition.
  112         (4) FLORIDA SOLAR ENERGY CENTER TO SET STANDARDS, REQUIRE
  113  DISCLOSURE, SET TESTING FEES.—
  114         (a) The center shall develop and adopt promulgate standards
  115  for solar energy systems manufactured or sold in this state
  116  based on the best currently available information and shall
  117  consult with scientists, engineers, or persons in research
  118  centers who are engaged in the construction of, experimentation
  119  with, and research of solar energy systems to properly identify
  120  the most reliable designs and types of solar energy systems.
  121         (b) The center shall establish criteria for testing
  122  performance of solar energy systems and shall maintain the
  123  necessary capability for testing or evaluating performance of
  124  solar energy systems. The center may accept results of tests on
  125  solar energy systems made by other organizations, companies, or
  126  persons if when such tests are conducted according to the
  127  criteria established by the center and if when the testing
  128  entity does not have a has no vested interest in the
  129  manufacture, distribution, or sale of solar energy systems.
  130         (c) The center shall be entitled to receive a testing fee
  131  sufficient to cover the costs of such testing. All testing fees
  132  shall be transmitted by the center to the Chief Financial
  133  Officer to be deposited in the Solar Energy Center Testing Trust
  134  Fund, which is hereby created in the State Treasury, and
  135  disbursed for the payment of expenses incurred in testing solar
  136  energy systems.
  137         (d) All solar energy systems manufactured or sold in the
  138  state must meet the standards established by the center and
  139  shall display accepted results of approved performance tests in
  140  a manner prescribed by the center, unless otherwise certified by
  141  an engineer licensed pursuant to chapter 471 using the standards
  142  contained in the most recent version of the Florida Building
  143  Code.
  144         Section 2. Subsection (5) of section 489.103, Florida
  145  Statutes, is amended to read:
  146         489.103 Exemptions.—This part does not apply to:
  147         (5) Public utilities, including municipal gas utilities and
  148  special gas districts as defined in chapter 189,
  149  telecommunications companies as defined in s. 364.02(13), and
  150  natural gas transmission companies as defined in s. 368.103(4),
  151  on construction, maintenance, and development work performed by
  152  their employees, which work, including, but not limited to, work
  153  on bridges, roads, streets, highways, or railroads, is
  154  incidental to their business. The board shall define, by rule,
  155  the term “incidental to their business” for purposes of this
  156  subsection.
  157         Section 3. Section 553.721, Florida Statutes, is amended to
  158  read:
  159         553.721 Surcharge.—In order for the Department of Business
  160  and Professional Regulation to administer and carry out the
  161  purposes of this part and related activities, there is created a
  162  surcharge, to be assessed at the rate of 1.5 percent of the
  163  permit fees associated with enforcement of the Florida Building
  164  Code as defined by the uniform account criteria and specifically
  165  the uniform account code for building permits adopted for local
  166  government financial reporting pursuant to s. 218.32. The
  167  minimum amount collected on any permit issued shall be $2. The
  168  unit of government responsible for collecting a permit fee
  169  pursuant to s. 125.56(4) or s. 166.201 shall collect the
  170  surcharge and electronically remit the funds collected to the
  171  department on a quarterly calendar basis for the preceding
  172  quarter and continuing each third month thereafter. The unit of
  173  government shall retain 10 percent of the surcharge collected to
  174  fund the participation of building departments in the national
  175  and state building code adoption processes and to provide
  176  education related to enforcement of the Florida Building Code.
  177  All funds remitted to the department pursuant to this section
  178  shall be deposited in the Professional Regulation Trust Fund.
  179  Funds collected from the surcharge shall be allocated to fund
  180  the Florida Building Commission and the Florida Building Code
  181  Compliance and Mitigation Program under s. 553.841. Funds
  182  allocated to the Florida Building Code Compliance and Mitigation
  183  Program shall be $925,000 each fiscal year. The Florida Building
  184  Code Compliance and Mitigation Program shall fund the
  185  recommendations made by the Building Code System Uniform
  186  Implementation Evaluation Workgroup, dated April 8, 2013, from
  187  existing resources, not to exceed $30,000 in the 2016-2017
  188  fiscal year. The department shall provide $150,000 for the 2017
  189  2018 fiscal year from surcharge funds available to the
  190  University of Florida M. E. Rinker, Sr., School of Construction
  191  Management for the continuation of the Construction Industry
  192  Workforce Task Force. Funds collected from the surcharge shall
  193  also be used to fund Florida Fire Prevention Code informal
  194  interpretations managed by the State Fire Marshal and shall be
  195  limited to $15,000 each fiscal year. The State Fire Marshal
  196  shall adopt rules to address the implementation and expenditure
  197  of the funds allocated to fund the Florida Fire Prevention Code
  198  informal interpretations under this section. The funds collected
  199  from the surcharge may not be used to fund research on
  200  techniques for mitigation of radon in existing buildings. Funds
  201  used by the department as well as funds to be transferred to the
  202  Department of Health and the State Fire Marshal shall be as
  203  prescribed in the annual General Appropriations Act. The
  204  department shall adopt rules governing the collection and
  205  remittance of surcharges pursuant to chapter 120.
  206         Section 4. For the 2017-2018 fiscal year, the sum of
  207  $150,000 in nonrecurring funds from the Professional Regulation
  208  Trust Fund is appropriated to the Department of Business and
  209  Professional Regulation Trust Fund for the transfer to the
  210  University of Florida M. E. Rinker, Sr., School of Construction
  211  Management for the continuation of the Construction Industry
  212  Workforce Task Force.
  213         Section 5. Subsection (3) of section 553.73, Florida
  214  Statutes, is amended, paragraph (d) is added to subsection (4)
  215  of that section, subsections (7) and (8) and paragraphs (a) and
  216  (b) of subsection (9) of that section are amended, and
  217  subsection (20) is added to that section, to read:
  218         553.73 Florida Building Code.—
  219         (3) The commission shall use the International Codes
  220  published by the International Code Council, the National
  221  Electric Code (NFPA 70), or other nationally adopted model codes
  222  and standards for updates to needed to develop the base code in
  223  Florida to form the foundation for the Florida Building Code.
  224  The Florida Building commission may approve technical amendments
  225  to the code as provided in, subject to subsections (8) and (9),
  226  after the amendments have been subject to all of the following
  227  conditions:
  228         (a) The proposed amendment must have has been published on
  229  the commission’s website for a minimum of 45 days and all the
  230  associated documentation must have has been made available to
  231  any interested party before any consideration by a technical
  232  advisory committee.;
  233         (b) In order for a technical advisory committee to make a
  234  favorable recommendation to the commission, the proposal must
  235  receive a two-thirds three-fourths vote of the members present
  236  at the technical advisory committee meeting. and At least half
  237  of the regular members must be present in order to conduct a
  238  meeting.;
  239         (c) After the technical advisory committee has considered
  240  and recommended consideration and a recommendation for approval
  241  of any proposed amendment, the proposal must be published on the
  242  commission’s website for at least 45 days before any
  243  consideration by the commission.; and
  244         (d) A proposal may be modified by the commission based on
  245  public testimony and evidence from a public hearing held in
  246  accordance with chapter 120.
  247  
  248  The commission shall incorporate within sections of the Florida
  249  Building Code provisions that which address regional and local
  250  concerns and variations. The commission shall make every effort
  251  to minimize conflicts between the Florida Building Code, the
  252  Florida Fire Prevention Code, and the Life Safety Code.
  253         (4)
  254         (d) A technical amendment to the Florida Building Code
  255  related to water conservation practices or design criteria
  256  adopted by a local government pursuant to this subsection is not
  257  rendered void when the code is updated if the technical
  258  amendment is necessary to protect or provide for more efficient
  259  use of water resources as provided in s. 373.621. However, any
  260  such technical amendment carried forward into the next edition
  261  of the code pursuant to this paragraph is subject to review or
  262  modification as provided in this part.
  263         (7)(a) The commission, by rule adopted pursuant to ss.
  264  120.536(1) and 120.54, shall adopt an updated update the Florida
  265  Building Code every 3 years through review of. When updating the
  266  Florida Building Code, the commission shall select the most
  267  current updates version of the International Building Code, the
  268  International Fuel Gas Code, the International Mechanical Code,
  269  the International Plumbing Code, and the International
  270  Residential Code, all of which are copyrighted and published by
  271  adopted by the International Code Council, and the National
  272  Electrical Code, which is copyrighted and published adopted by
  273  the National Fire Protection Association. At a minimum, the
  274  commission shall adopt any updates to such codes or any other
  275  code necessary to maintain eligibility for federal funding from
  276  the National Flood Insurance Program, the Federal Emergency
  277  Management Agency, and the United States Department of Housing
  278  and Urban Development, to form the foundation codes of the
  279  updated Florida Building Code, if the version has been adopted
  280  by the applicable model code entity. The commission shall also
  281  review and adopt updates based substantially on select the most
  282  current version of the International Energy Conservation Code
  283  (IECC) as a foundation code; however, the IECC shall be modified
  284  by the commission shall to maintain the efficiencies of the
  285  Florida Energy Efficiency Code for Building Construction adopted
  286  and amended pursuant to s. 553.901. The commission shall adopt
  287  updated codes by rule.
  288         (b) Codes regarding noise contour lines shall be reviewed
  289  annually, and the most current federal guidelines shall be
  290  adopted.
  291         (c) The commission may adopt as a technical amendment to
  292  the Florida Building Code modify any portion of the foundation
  293  codes identified in paragraph (a), but only as needed to
  294  accommodate the specific needs of this state. Standards or
  295  criteria adopted from these referenced by the codes shall be
  296  incorporated by reference to the specific provisions adopted. If
  297  a referenced standard or criterion requires amplification or
  298  modification to be appropriate for use in this state, only the
  299  amplification or modification shall be set forth in the Florida
  300  Building Code. The commission may approve technical amendments
  301  to the updated Florida Building Code after the amendments have
  302  been subject to the conditions set forth in paragraphs (3)(a)
  303  (d). Amendments that to the foundation codes which are adopted
  304  in accordance with this subsection shall be clearly marked in
  305  printed versions of the Florida Building Code so that the fact
  306  that the provisions are Florida-specific amendments to the
  307  foundation codes is readily apparent.
  308         (d) The commission shall further consider the commission’s
  309  own interpretations, declaratory statements, appellate
  310  decisions, and approved statewide and local technical amendments
  311  and shall incorporate such interpretations, statements,
  312  decisions, and amendments into the updated Florida Building Code
  313  only to the extent that they are needed to modify the foundation
  314  codes to accommodate the specific needs of the state. A change
  315  made by an institute or standards organization to any standard
  316  or criterion that is adopted by reference in the Florida
  317  Building Code does not become effective statewide until it has
  318  been adopted by the commission. Furthermore, the edition of the
  319  Florida Building Code which is in effect on the date of
  320  application for any permit authorized by the code governs the
  321  permitted work for the life of the permit and any extension
  322  granted to the permit.
  323         (e) A rule updating the Florida Building Code in accordance
  324  with this subsection shall take effect no sooner than 6 months
  325  after publication of the updated code. Any amendment to the
  326  Florida Building Code which is adopted upon a finding by the
  327  commission that the amendment is necessary to protect the public
  328  from immediate threat of harm takes effect immediately.
  329         (f) Provisions of the Florida Building Code foundation
  330  codes, including those contained in referenced standards and
  331  criteria, relating to wind resistance or the prevention of water
  332  intrusion may not be modified to diminish those construction
  333  requirements; however, the commission may, subject to conditions
  334  in this subsection, modify the provisions to enhance those
  335  construction requirements.
  336         (g) Amendments or modifications to the foundation code
  337  pursuant to this subsection shall remain effective only until
  338  the effective date of a new edition of the Florida Building Code
  339  every third year. Amendments or modifications related to state
  340  agency regulations which are adopted and integrated into an
  341  edition of the Florida Building Code shall be carried forward
  342  into the next edition of the code, subject to modification as
  343  provided in this part. Amendments or modifications related to
  344  the wind-resistance design of buildings and structures within
  345  the high-velocity hurricane zone of Miami-Dade and Broward
  346  Counties which are adopted to an edition of the Florida Building
  347  Code do not expire and shall be carried forward into the next
  348  edition of the code, subject to review or modification as
  349  provided in this part. If amendments that expire pursuant to
  350  this paragraph are resubmitted through the Florida Building
  351  commission code adoption process, the amendments must
  352  specifically address whether:
  353         1. The provisions contained in the proposed amendment are
  354  addressed in the applicable international code.
  355         2. The amendment demonstrates by evidence or data that the
  356  geographical jurisdiction of Florida exhibits a need to
  357  strengthen the foundation code beyond the needs or regional
  358  variations addressed by the foundation code, and why the
  359  proposed amendment applies to this state.
  360         3. The proposed amendment was submitted or attempted to be
  361  included in the foundation codes to avoid resubmission to the
  362  Florida Building Code amendment process.
  363  
  364  If the proposed amendment has been addressed in the
  365  international code in a substantially equivalent manner, the
  366  Florida Building commission may not include the proposed
  367  amendment in the foundation Code.
  368         (8) Notwithstanding the provisions of subsection (3) or
  369  subsection (7), the commission may address issues identified in
  370  this subsection by amending the code pursuant only to the rule
  371  adoption procedures contained in chapter 120. Provisions of The
  372  Florida Building Code, including provisions those contained in
  373  referenced standards and criteria which relate, relating to wind
  374  resistance or the prevention of water intrusion, may not be
  375  amended pursuant to this subsection to diminish those standards
  376  construction requirements; however, the commission may, subject
  377  to conditions in this subsection, amend the Florida Building
  378  Code the provisions to enhance such standards those construction
  379  requirements. Following the approval of any amendments to the
  380  Florida Building Code by the commission and publication of the
  381  amendments on the commission’s website, authorities having
  382  jurisdiction to enforce the Florida Building Code may enforce
  383  the amendments. The commission may approve amendments that are
  384  needed to address:
  385         (a) Conflicts within the updated code;
  386         (b) Conflicts between the updated code and the Florida Fire
  387  Prevention Code adopted pursuant to chapter 633;
  388         (c) Unintended results from the integration of previously
  389  adopted Florida-specific amendments with the model code;
  390         (d) Equivalency of standards;
  391         (e) Changes to or inconsistencies with federal or state
  392  law; or
  393         (f) Adoption of an updated edition of the National
  394  Electrical Code if the commission finds that delay of
  395  implementing the updated edition causes undue hardship to
  396  stakeholders or otherwise threatens the public health, safety,
  397  and welfare.
  398         (9)(a) The commission may approve technical amendments to
  399  the Florida Building Code once each year for statewide or
  400  regional application upon a finding that the amendment:
  401         1. Is needed in order to accommodate the specific needs of
  402  this state.
  403         2. Has a reasonable and substantial connection with the
  404  health, safety, and welfare of the general public.
  405         3. Strengthens or improves the Florida Building Code, or in
  406  the case of innovation or new technology, will provide
  407  equivalent or better products or methods or systems of
  408  construction.
  409         4. Does not discriminate against materials, products,
  410  methods, or systems of construction of demonstrated
  411  capabilities.
  412         5. Does not degrade the effectiveness of the Florida
  413  Building Code.
  414  
  415  The Florida Building Commission may approve technical amendments
  416  to the code once each year to incorporate into the Florida
  417  Building Code its own interpretations of the code which are
  418  embodied in its opinions, final orders, declaratory statements,
  419  and interpretations of hearing officer panels under s.
  420  553.775(3)(c), but only to the extent that the incorporation of
  421  interpretations is needed to modify the code foundation codes to
  422  accommodate the specific needs of this state. Amendments
  423  approved under this paragraph shall be adopted by rule after the
  424  amendments have been subjected to subsection (3).
  425         (b) A proposed amendment must include a fiscal impact
  426  statement that documents the costs and benefits of the proposed
  427  amendment. Criteria for the fiscal impact statement shall be
  428  established by rule by the commission and shall include the
  429  impact to local government relative to enforcement, the impact
  430  to property and building owners, and the impact to industry,
  431  relative to the cost of compliance. The amendment must
  432  demonstrate by evidence or data that the state’s geographical
  433  jurisdiction exhibits a need to strengthen the foundation code
  434  beyond the needs or regional variations addressed by the
  435  foundation code and why the proposed amendment applies to this
  436  state.
  437         (20) The Florida Building Commission may not:
  438         (a) Adopt the 2016 version of the American Society of
  439  Heating, Refrigerating and Air-Conditioning Engineers Standard
  440  9.4.1.1(g).
  441         (b) Adopt any provision that requires a door located in the
  442  opening between a garage and a residence to be equipped with a
  443  self-closing device.
  444         Section 6. Subsection (2) of section 553.76, Florida
  445  Statutes, is amended to read:
  446         553.76 General powers of the commission.—The commission is
  447  authorized to:
  448         (2) Issue memoranda of procedure for its internal
  449  management and control. The commission may adopt rules related
  450  to its consensus-based decisionmaking process, including, but
  451  not limited to, super majority voting requirements for
  452  commission actions relating to the adoption of the Florida
  453  Building Code or amendments to the code. However, the commission
  454  must adopt the Florida Building Code, and amendments thereto, by
  455  at least a two-thirds vote of the members present at a meeting.
  456         Section 7. Subsection (20) is added to section 553.79,
  457  Florida Statutes, to read:
  458         553.79 Permits; applications; issuance; inspections.—
  459         (20)Any county with a population greater than 1.3 million,
  460  or any municipality within such county, may not adopt or enforce
  461  any ordinance or impose any building permit or other development
  462  order requirement that:
  463         (a)1.Contains any building, construction, or aesthetic
  464  requirement or condition that conflicts with or impairs
  465  corporate trademarks, service marks, trade dress, logos, color
  466  patterns, design scheme insignia, image standards, or other
  467  features of corporate branding identity on real property or
  468  improvements thereon used in activities conducted under chapter
  469  526 or in carrying out business activities defined as a
  470  franchise by Federal Trade Commission regulations in 16 C.F.R.
  471  ss. 436.1, et. seq.; or
  472         2.Imposes any requirement on the design, construction, or
  473  location of signage advertising the retail price of gasoline in
  474  accordance with the requirements of ss. 526.111 and 526.121
  475  which prevents the signage from being clearly visible and
  476  legible to drivers of approaching motor vehicles in any lane of
  477  traffic in either direction on a roadway abutting the gas
  478  station premises and which meets height, width, and spacing
  479  standards for Series C, D, or E signs, as applicable, published
  480  in the latest edition of Standard Alphabets for Highway Signs
  481  and Pavement Markings published by the Federal Highway
  482  Administration, Office of Traffic Operations.
  483         (b)This subsection does not affect any requirement for
  484  design and construction in the Florida Building Code.
  485         (c)All such ordinances and requirements are hereby
  486  preempted and superseded by general law. This subsection shall
  487  apply retroactively.
  488         (d) This subsection does not apply to property located in a
  489  designated historic district.
  490         Section 8. Subsection (2) of section 553.791, Florida
  491  Statutes, is amended to read:
  492         553.791 Alternative plans review and inspection.—
  493         (2)(a) Notwithstanding any other law or local government
  494  ordinance or local policy, the fee owner of a building or
  495  structure, or the fee owner’s contractor upon written
  496  authorization from the fee owner, may choose to use a private
  497  provider to provide building code inspection services with
  498  regard to such building or structure and may make payment
  499  directly to the private provider for the provision of such
  500  services. All such services shall be the subject of a written
  501  contract between the private provider, or the private provider’s
  502  firm, and the fee owner or the fee owner’s contractor, upon
  503  written authorization of the fee owner. The fee owner may elect
  504  to use a private provider to provide plans review or required
  505  building inspections, or both. However, if the fee owner or the
  506  fee owner’s contractor uses a private provider to provide plans
  507  review, the local building official, in his or her discretion
  508  and pursuant to duly adopted policies of the local enforcement
  509  agency, may require the fee owner or the fee owner’s contractor
  510  to use a private provider to also provide required building
  511  inspections.
  512         (b)It is the intent of the Legislature that owners and
  513  contractors not be required to pay extra costs related to
  514  building permitting requirements when hiring a private provider
  515  for plans reviews and building inspections. A local jurisdiction
  516  must calculate the cost savings to the local enforcement agency,
  517  based on a fee owner or contractor hiring a private provider to
  518  perform plans reviews and building inspections in lieu of the
  519  local building official, and reduce the permit fees accordingly.
  520         Section 9. Paragraph (d) of subsection (7) of section
  521  553.80, Florida Statutes, is amended to read:
  522         553.80 Enforcement.—
  523         (7) The governing bodies of local governments may provide a
  524  schedule of reasonable fees, as authorized by s. 125.56(2) or s.
  525  166.222 and this section, for enforcing this part. These fees,
  526  and any fines or investment earnings related to the fees, shall
  527  be used solely for carrying out the local government’s
  528  responsibilities in enforcing the Florida Building Code. When
  529  providing a schedule of reasonable fees, the total estimated
  530  annual revenue derived from fees, and the fines and investment
  531  earnings related to the fees, may not exceed the total estimated
  532  annual costs of allowable activities. Any unexpended balances
  533  shall be carried forward to future years for allowable
  534  activities or shall be refunded at the discretion of the local
  535  government. The basis for a fee structure for allowable
  536  activities shall relate to the level of service provided by the
  537  local government and shall include consideration for refunding
  538  fees due to reduced services based on services provided as
  539  prescribed by s. 553.791, but not provided by the local
  540  government. Fees charged shall be consistently applied.
  541         (d) The local enforcement agency, independent district, or
  542  special district may not require at any time, including at the
  543  time of application for a permit, the payment of any additional
  544  fees, charges, or expenses associated with:
  545         1. Providing proof of licensure pursuant to chapter 489;
  546         2. Recording or filing a license issued pursuant to this
  547  chapter; or
  548         3. Providing, recording, or filing evidence of workers’
  549  compensation insurance coverage as required by chapter 440.
  550         Section 10. Section 553.9081, Florida Statutes, is created
  551  to read:
  552         553.9081Florida Building Code; required amendments.—The
  553  Florida Building Commission shall amend the Florida Building
  554  Code-Energy Conservation to:
  555         (1)(a)Eliminate duplicative commissioning reporting
  556  requirements for HVAC and electrical systems; and
  557         (b)Authorize commissioning reports to be provided by a
  558  licensed design professional, electrical engineer, or mechanical
  559  engineer.
  560         (2)Prohibit the adoption of American Society of Heating,
  561  Refrigerating and Air-Conditioning Engineers Standard
  562  9.4.1.1(g).
  563         Section 11. Subsection (8) of section 633.208, Florida
  564  Statutes, is amended to read:
  565         633.208 Minimum firesafety standards.—
  566         (8)(a) The provisions of the Life Safety Code, as contained
  567  in the Florida Fire Prevention Code, do not apply to one-family
  568  and two-family dwellings. However, fire sprinkler protection may
  569  be permitted by local government in lieu of other fire
  570  protection-related development requirements for such structures.
  571  While local governments may adopt fire sprinkler requirements
  572  for one-family one- and two-family dwellings under this
  573  subsection, it is the intent of the Legislature that the
  574  economic consequences of the fire sprinkler mandate on home
  575  owners be studied before the enactment of such a requirement.
  576  After the effective date of this act, any local government that
  577  desires to adopt a fire sprinkler requirement on one-family one-
  578  or two-family dwellings must prepare an economic cost and
  579  benefit report that analyzes the application of fire sprinklers
  580  to one-family one- or two-family dwellings or any proposed
  581  residential subdivision. The report must consider the tradeoffs
  582  and specific cost savings and benefits of fire sprinklers for
  583  future owners of property. The report must include an assessment
  584  of the cost savings from any reduced or eliminated impact fees
  585  if applicable, the reduction in special fire district tax,
  586  insurance fees, and other taxes or fees imposed, and the waiver
  587  of certain infrastructure requirements including the reduction
  588  of roadway widths, the reduction of water line sizes, increased
  589  fire hydrant spacing, increased dead-end roadway length, and a
  590  reduction in cul-de-sac sizes relative to the costs from fire
  591  sprinkling. A failure to prepare an economic report shall result
  592  in the invalidation of the fire sprinkler requirement to any
  593  one-family one- or two-family dwelling or any proposed
  594  subdivision. In addition, a local jurisdiction or utility may
  595  not charge any additional fee, above what is charged to a non
  596  fire sprinklered dwelling, on the basis that a one-family one-
  597  or two-family dwelling unit is protected by a fire sprinkler
  598  system.
  599         (b)1.A county, municipality, special taxing district,
  600  public utility, or private utility may not require a separate
  601  water connection for a one-family or two-family dwelling fire
  602  sprinkler system if the hydraulic design has proven the existing
  603  connection is capable of supplying the needed hydraulic demand.
  604         2.A county, municipality, special district, public
  605  utility, or private utility may not charge a water or sewer rate
  606  to a one-family or two-family dwelling that requires a larger
  607  water meter solely due to the installation of fire sprinklers
  608  above that which is charged to a one-family and two-family
  609  dwelling with a base meter. If the installation of fire
  610  sprinklers in a one-family or two-family dwelling requires the
  611  installation of a larger water meter, only the difference in
  612  actual cost between the base water meter and the larger water
  613  meter may be charged by the water utility provider.
  614         Section 12. A local government may not require an owner of
  615  a residence to obtain a permit to paint such residence,
  616  regardless of whether the residence is owned by a limited
  617  liability company.
  618         Section 13. The Department of Education, in conjunction
  619  with the Department of Economic Opportunity, shall develop a
  620  plan to implement the recommendations of the Construction
  621  Industry Workforce Task Force Report dated January 20, 2017. The
  622  Department of Education shall provide the plan to the
  623  Construction Industry Workforce Task Force on or before July 31,
  624  2017.
  625         Section 14. CareerSource Florida, Inc., shall develop and
  626  submit a plan to the Construction Industry Workforce Task Force
  627  on the potential opportunities for training programs to
  628  implement the recommendations of the Construction Industry
  629  Workforce Task Force Report dated January 20, 2017, using
  630  existing federal funds awarded to the corporation and using the
  631  previous statewide Florida ReBuilds program as an implementation
  632  model for such programs. CareerSource Florida, Inc., shall
  633  provide the plan to the Construction Industry Workforce Task
  634  Force on or before July 31, 2017.
  635         Section 15. The Florida Building Commission shall adopt an
  636  amendment to the Florida Building Code-Residential, relating to
  637  door components, to provide that, regarding substitution of door
  638  components, such components must either:
  639         (1)Comply with ANSI/WMA 100; or
  640         (2)Be evaluated by an approved product evaluation entity,
  641  certification agency, testing laboratory, or engineer and may be
  642  interchangeable in exterior door assemblies if the components
  643  provide equal or greater structural performance as demonstrated
  644  by accepted engineering practices.
  645         Section 16. This act shall take effect July 1, 2017.