Senate Bill 1190c1

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    Florida Senate - 1998                   CS for SB's 1190 & 868

    By the Committee on Community Affairs and Senators Clary and
    Meadows




    316-1991-98

  1                      A bill to be entitled

  2         An act relating to a statewide unified building

  3         code; amending ss. 468.621, 471.033, 481.225,

  4         481.2251, 481.325, 489.127, 489.129, 489.533,

  5         F.S.; specifying additional activity as subject

  6         to disciplinary action; authorizing certain

  7         boards to impose certain penalties under

  8         certain circumstances; amending s. 471.005,

  9         F.S.; revising a definition; amending s.

10         471.015, F.S.; deleting eligibility for

11         engineering licensure for certain persons;

12         amending ss. 468.609, 468.627, 471.017,

13         481.215, 481.313, 489.115, 489.1455, 489.5335,

14         F.S.; requiring certificateholders, licensees,

15         or registrants to prove completion of certain

16         education requirements relating to the Florida

17         Building Code; providing certain core

18         curriculum or continuing education requirements

19         for certain license, certificate, or

20         registration renewals; authorizing certain

21         licensing boards to require certain specialized

22         or advanced education courses; creating s.

23         455.2286, F.S.; requiring the Department of

24         Business and Professional Regulation to

25         implement an automated information system for

26         certain purposes; amending s. 489.103, F.S.;

27         exempting certain residential structures from

28         certain construction contracting requirements;

29         amending s. 489.117, F.S.; clarifying certain

30         information provision requirements for local

31         jurisdictions relating to specialty contractor

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1         licensure and discipline; amending s. 489.513,

  2         F.S.; requiring local jurisdictions to provide

  3         certain information to certain licensing

  4         boards; requiring such boards to maintain and

  5         provide such information through an automated

  6         information system; providing for local

  7         responsibility for imposing certain

  8         disciplinary action; authorizing imposition of

  9         penalties by ordinance; amending s. 489.517,

10         F.S.; requiring certificateholders or

11         registrants to provide proof of completion of

12         certain education courses; authorizing the

13         electrical contractors' licensing board to

14         require certain education courses; amending s.

15         489.531, F.S.; providing penalties for certain

16         violations of the Florida Building Code;

17         amending s. 553.06, F.S.; authorizing the

18         Florida Building Commission to adopt the State

19         Plumbing Code; amending s. 553.19, F.S.;

20         requiring the commission to adopt certain

21         electrical standards as part of the Florida

22         Building Code; amending s. 553.71, F.S.;

23         revising certain definitions; renaming the

24         Board of Building Codes and Standards as the

25         Florida Building Commission; amending s.

26         553.72, F.S.; revising legislative intent;

27         amending s. 553.73, F.S.; providing for

28         adoption of the Florida Building Code to

29         replace the State Minimum Building Codes;

30         providing for legislative approval; providing

31         purposes; requiring the Florida Building

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1         Commission to adopt the code; providing

  2         requirements and criteria for the code;

  3         providing for resolution of conflicts between

  4         the Florida Building Code and the Florida Fire

  5         Prevention Code and the Life Safety Code;

  6         providing requirements; providing for local

  7         technical amendments to the code; providing

  8         procedures and requirements; providing

  9         limitations; requiring counties to establish

10         compliance review boards for certain purposes;

11         providing requirements; authorizing local

12         governments to adopt amendments to the code;

13         providing requirements; providing procedures

14         for challenges by affected parties; providing

15         for appeals; requiring the commission to update

16         the code periodically; authorizing the

17         commission to adopt technical amendments to the

18         code under certain circumstances; providing

19         requirements; providing for exempting certain

20         buildings, structures, and facilities from the

21         code; specifying nonapplication of the code

22         under certain circumstances; prohibiting

23         administration or enforcement of the code for

24         certain purposes; amending s. 553.74, F.S.;

25         replacing the State Board of Building Codes and

26         Standards with the Florida Building Commission;

27         providing for additional membership; providing

28         for continuation of terms of existing board

29         members; amending ss. 553.75, 553.76, 553.77,

30         F.S., to conform; providing additional powers

31         of the commission; requiring commission staff

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1         to attend certain meetings; requiring the

  2         commission to develop and publish descriptions

  3         of roles and responsibilities of certain

  4         persons; authorizing the commission to provide

  5         plans review and approval of certain public

  6         buildings; creating s. 553.781, F.S.; providing

  7         for licensee accountability; authorizing local

  8         jurisdictions to impose fines and order certain

  9         disciplinary action for certain violations of

10         the Florida Building Code; providing for

11         challenges to such actions; requiring the

12         Department of Business and Professional

13         Regulation and local jurisdictions to report

14         such disciplinary actions; providing for

15         disposition and use of such fines; providing

16         construction; amending s. 553.79, F.S., to

17         conform; providing for local government

18         enforcement of the Florida Building Code under

19         certain circumstances; amending s. 553.80,

20         F.S.; authorizing certain reinspection fees

21         under certain circumstances; creating s.

22         553.841, F.S.; providing for establishing a

23         building code training program; providing

24         requirements; providing criteria; authorizing

25         the Florida Building Commission to enter into

26         contracts for certain purposes; requiring the

27         assistance and participation of certain state

28         agencies; creating s. 553.842, F.S.; providing

29         for a system for product evaluation and

30         approval; providing requirements; providing

31         procedures; providing for challenging, review,

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1         and appeal of certain evaluations; authorizing

  2         the commission to charge fees for certain

  3         certifications and reviews; providing

  4         exceptions; amending s. 633.01, F.S.;

  5         authorizing the Department of Insurance to

  6         issue binding interpretations of certain

  7         firesafety codes; creating s. 633.0215, F.S.;

  8         requiring the Department of Insurance to adopt

  9         certain fire prevention and life safety codes;

10         providing requirements; providing for temporary

11         effect of local amendments to such codes;

12         providing procedures for adopting or rescinding

13         local amendments to such codes; requiring the

14         department to update such codes periodically;

15         providing for technical amendments to such

16         codes; providing exceptions to application of

17         such codes for certain purposes; amending s.

18         633.025, F.S.; specifying adoption by local

19         jurisdictions of certain firesafety codes;

20         authorizing local jurisdictions to adopt more

21         stringent firesafety standards under certain

22         circumstances; providing procedures; providing

23         limitations; deleting obsolete provisions;

24         amending s. 633.085, F.S.; clarifying certain

25         inspection duties of the State Fire Marshal;

26         amending s. 633.72, F.S.; specifying

27         cooperation between the Florida Fire Code

28         Advisory Council and the Florida Building

29         Commission under certain circumstances;

30         requiring administrative staff of the State

31         Fire Marshal to attend certain meetings and

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1         coordinate efforts for consistency between

  2         certain codes; amending ss. 125.69, 161.54,

  3         161.56, 162.21, 166.0415, 489.127, 489.131,

  4         489.537, 500.459, 553.18, and 627.351, F.S., to

  5         conform; requiring the Florida Building

  6         Commission to submit the Florida Building Code

  7         to the Legislature for approval; requiring the

  8         commission to recommend changes to the law to

  9         conform to adoption of the Florida Building

10         Code; providing for future repeal of local

11         amendments to certain building codes; providing

12         for readoption; requiring the Department of

13         Management Services to conduct a pilot project

14         to study the effects of installing an ozonation

15         water treatment system for a cooling tower on

16         state buildings; requiring a report to the

17         Legislature; repealing s. 471.003(2)(f), F.S.,

18         relating to engineering faculty exemption from

19         registration requirements; repealing s.

20         489.539, F.S., relating to adoption of

21         electrical standards; repealing s. 553.73(5),

22         F.S., relating to a presumption of compliance

23         with certain building code requirements;

24         providing for future repeal of s. 489.120,

25         F.S., relating to an automated information

26         system; providing for future repeal of s.

27         489.129(1)(d), F.S., relating to disciplinary

28         action for knowing violations of building

29         codes; providing for future repeal of parts I,

30         II, and III of ch. 553, F.S., relating to the

31         Florida Plumbing Control Act, the Florida

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1         Electrical Code, and glass standards; providing

  2         effective dates.

  3

  4         WHEREAS, the Legislature finds the system of regulating

  5  construction in Florida is a pressing affair of the state with

  6  statewide significance.  The Legislature further finds that

  7  such system is complex and confusing because of the

  8  multiplicity of building codes and administrative processes

  9  which has resulted in weak and inadequate compliance, and

10         WHEREAS, the Legislature further finds that to be

11  effective a building code system must promote consistent and

12  effective compliance and enforcement by addressing the

13  complexity caused by too many codes and administrative

14  processes and by providing a clear understanding of roles and

15  responsibilities and adequate education and training for all

16  participants within the system, and

17         WHEREAS, it is the intent of the Legislature that all

18  processes which comprise the overall building construction

19  regulatory system be coordinated and integrated to achieve

20  optimal effectiveness and provide predictability in the system

21  and accountability for all participants in the system, and

22         WHEREAS, it is the further intent of the Legislature

23  that all state and local agencies should coordinate their

24  separately assigned responsibilities with the Florida Building

25  Commission created in this act and to comply with the

26  provisions of this act, and

27         WHEREAS, it is the intent of the Legislature that the

28  Florida Building Commission consider the recommendations of

29  the Governor's Building Codes Study Commission and other

30  affected stakeholders when implementing the provisions of this

31  act, NOW, THEREFORE,

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1  Be It Enacted by the Legislature of the State of Florida:

  2

  3         Section 1.  Effective January 1, 2001, paragraph (d) of

  4  subsection (2) of section 125.69, Florida Statutes, is amended

  5  to read:

  6         125.69  Penalties; enforcement by code inspectors.--

  7         (2)  The board of county commissioners of each county

  8  may designate its agents or employees as code inspectors whose

  9  duty it is to assure code compliance.  Any person designated

10  as a code inspector may issue citations for violations of

11  county codes and ordinances, respectively, or subsequent

12  amendments thereto, when such code inspector has actual

13  knowledge that a violation has been committed.

14         (d)  The provisions of this subsection shall not apply

15  to the enforcement pursuant to ss. 553.79 and 553.80 of the

16  Florida Building Code codes adopted pursuant to s. 553.73 as

17  applied they apply to construction, provided that a building

18  permit is either not required or has been issued by the

19  county.  For the purposes of this paragraph, "building codes"

20  means only those codes adopted pursuant to s. 553.73.

21         Section 2.  Effective January 1, 2001, subsection (11)

22  of section 161.54, Florida Statutes, is amended to read:

23         161.54  Definitions.--In construing ss. 161.52-161.58:

24         (11)  "State minimum building codes" means the Florida

25  Building Code recognized model building construction codes as

26  identified in s. 553.73.

27         Section 3.  Effective January 1, 2001, subsection (1)

28  of section 161.56, Florida Statutes, is amended to read:

29         161.56  Establishment of local enforcement.--

30         (1)  Each local government which is required to enforce

31  the Florida adopt a Building Code by s. 553.73 and which has a

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1  coastal building zone or some portion of a coastal zone within

  2  its territorial boundaries shall enforce adopt, not later than

  3  January 1, 1987, as part of its building code, the

  4  requirements of the code established in s. 161.55, and such

  5  requirements shall be enforced by the local enforcement agency

  6  as defined in s. 553.71.

  7         Section 4.  Effective January 1, 2001, subsection (7)

  8  of section 162.21, Florida Statutes, is amended to read:

  9         162.21  Enforcement of county or municipal codes or

10  ordinances; penalties.--

11         (7)  The provisions of this part shall not apply to the

12  enforcement pursuant to ss. 553.79 and 553.80 of the Florida

13  Building Code codes adopted pursuant to s. 553.73 as applied

14  they apply to construction, provided that a building permit is

15  either not required or has been issued by the county or the

16  municipality.  For the purposes of this subsection, "building

17  codes" means only those codes adopted pursuant to s. 553.73.

18         Section 5.  Effective January 1, 2001, subsection (5)

19  of section 166.0415, Florida Statutes, is amended to read:

20         166.0415  Enforcement by code inspectors; citations.--

21         (5)  The provisions of this section shall not apply to

22  the enforcement pursuant to ss. 553.79 and 553.80 of the

23  Florida Building Code codes adopted pursuant to s. 553.73 as

24  applied they apply to construction, provided that a building

25  permit is either not required or has been issued by the

26  municipality.  For the purposes of this subsection, "building

27  codes" means only those codes adopted pursuant to s. 553.73.

28         Section 6.  Section 455.2286, Florida Statutes, is

29  created to read:

30         455.2286  Automated information system.--By November 1,

31  1999, the department shall implement an automated information

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1  system for all certificateholders and registrants under part

  2  XII of chapter 468, chapter 471, chapter 481, or chapter 489.

  3  The system shall provide instant notification to local

  4  building departments and other interested parties regarding

  5  the status of the certification or registration.  The

  6  provision of such information shall consist, at a minimum, of

  7  an indication of whether the certification or registration is

  8  active, of any current failure to meet the terms of any final

  9  action by a licensing authority, of any ongoing disciplinary

10  cases that are subject to public disclosure, whether there are

11  any outstanding fines, and of the reporting of any material

12  violations pursuant to s. 553.781. The system may be Internet

13  based.

14         Section 7.  Paragraph (d) is added to subsection (2) of

15  section 468.609, Florida Statutes, to read:

16         468.609  Administration of this part; standards for

17  certification; additional categories of certification.--

18         (2)  A person shall be entitled to take the examination

19  for certification pursuant to this part if the person:

20         (d)  Demonstrates successful completion of the core

21  curriculum and specialized or advanced module course work

22  approved by the Florida Building Commission, as part of the

23  Building Code Training Program established pursuant to s.

24  553.841, appropriate to the licensing category sought, or,

25  pursuant to authorization by the certifying authority,

26  provides proof of completion of such curriculum or course work

27  within 6 months after such certification.

28         Section 8.  Effective January 1, 2001, paragraph (h) is

29  added to subsection (1) of section 468.621, Florida Statutes,

30  to read:

31         468.621  Disciplinary proceedings.--

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1         (1)  The following acts constitute grounds for which

  2  the disciplinary actions in subsection (2) may be taken:

  3         (h)  Failing to execute the duties and responsibilities

  4  specified in part XII of chapter 468 and ss. 553.73, 553.781,

  5  and 553.79.

  6         Section 9.  Subsection (7) of section 468.627, Florida

  7  Statutes, is amended, and subsection (8) is added to that

  8  section, to read:

  9         468.627  Application; examination; renewal; fees.--

10         (7)  The certificateholder shall provide proof, in a

11  form established by board rule, that the certificateholder has

12  completed at least 14 classroom hours of at least 50 minutes

13  each of continuing education courses during each biennium

14  since the issuance or renewal of the certificate, including

15  the specialized or advanced course work approved by the

16  Florida Building Commission, as part of the Building Code

17  Training Program established pursuant to s. 553.841,

18  appropriate to the licensing category sought.  The board shall

19  by rule establish criteria for approval of continuing

20  education courses and providers, and may by rule establish

21  criteria for accepting alternative nonclassroom continuing

22  education on an hour-for-hour basis.

23         (8)  Each certificateholder shall provide to the board

24  proof of completion of the core curriculum courses, or passing

25  the equivalency test of the Building Code Training Program

26  established by s. 553.841, within 2 years after commencement

27  of the program. Continuing education hours spent taking such

28  core curriculum courses shall count toward the number required

29  for license renewal.  A licensee who passes the equivalency

30  test in lieu of taking the core curriculum courses shall

31  receive full credit for core curriculum course hours.

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1         Section 10.  Subsection (6) of section 471.005, Florida

  2  Statutes, is amended to read:

  3         471.005  Definitions.--As used in ss. 471.001-471.037,

  4  the term:

  5         (6)  "Engineering" includes the term "professional

  6  engineering" and means any service or creative work, the

  7  adequate performance of which requires engineering education,

  8  training, and experience in the application of special

  9  knowledge of the mathematical, physical, and engineering

10  sciences to such services or creative work as consultation,

11  investigation, evaluation, planning, and design of engineering

12  works and systems, planning the use of land and water,

13  teaching of the principles and methods of engineering design,

14  engineering surveys, and the inspection of construction for

15  the purpose of determining in general if the work is

16  proceeding in compliance with drawings and specifications, any

17  of which embraces such services or work, either public or

18  private, in connection with any utilities, structures,

19  buildings, machines, equipment, processes, work systems,

20  projects, and industrial or consumer products or equipment of

21  a mechanical, electrical, hydraulic, pneumatic, or thermal

22  nature, insofar as they involve safeguarding life, health, or

23  property; and includes such other professional services as may

24  be necessary to the planning, progress, and completion of any

25  engineering services.  A person who practices any branch of

26  engineering; who, by verbal claim, sign, advertisement,

27  letterhead, or card, or in any other way, represents himself

28  or herself to be an engineer or, through the use of some other

29  title, implies that he or she is an engineer or that he or she

30  is registered under ss. 471.001-471.037; or who holds himself

31  or herself out as able to perform, or does perform, any

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1  engineering service or work or any other service designated by

  2  the practitioner which is recognized as engineering shall be

  3  construed to practice or offer to practice engineering within

  4  the meaning and intent of ss. 471.001-471.037.

  5         Section 11.  Paragraph (a) of subsection (5) of section

  6  471.015, Florida Statutes, is amended to read:

  7         471.015  Licensure.--

  8         (5)(a)  The board shall deem that an applicant who

  9  seeks licensure by endorsement has passed an examination

10  substantially equivalent to part I of the engineering

11  examination when such applicant:

12         1.  Has held a valid professional engineer's

13  registration in another state for 15 years and has had 20

14  years of continuous professional-level engineering experience;

15  or

16         2.  Has received a doctorate degree in engineering from

17  a nationally accredited engineering degree program which is

18  accredited by the Accreditation Board for Engineering

19  Technology; or

20         3.  Has received a doctorate degree in engineering and

21  has taught engineering full time for at least 3 years, at the

22  baccalaureate level or higher, after receiving that degree.

23         Section 12.  Subsection (3) is added to section

24  471.017, Florida Statutes, to read:

25         471.017  Renewal of license.--

26         (3)  Commencing with licensure renewal in 2002, each

27  licensee actively participating in the design of buildings,

28  structures, and facilities covered by the Florida Building

29  Code shall submit proof to the board that the licensee

30  participates in continuing education courses relating to the

31  core curriculum courses or the building code training program

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1  or evidence of passing an equivalency test on the core

  2  curriculum courses or specialized or advanced courses on any

  3  portion of the Florida Building Code applicable to the area of

  4  practice.

  5         Section 13.  Effective January 1, 2001, paragraph (l)

  6  is added to subsection (1) of section 471.033, Florida

  7  Statutes, present subsection (4) of that section is renumbered

  8  as subsection (5), and a new subsection (4) is added to that

  9  section to read:

10         471.033  Disciplinary proceedings.--

11         (1)  The following acts constitute grounds for which

12  the disciplinary actions in subsection (3) may be taken:

13         (l)  Committing a material violation of the Florida

14  Building Code as provided under s. 553.781.

15         (4)  Upon receipt of a recommendation by a local

16  jurisdiction, pursuant to s. 553.781, the board shall enter an

17  order imposing one or more of the following penalties:

18  remedial education or training, probation, or license

19  suspension or revocation. Such order shall be subject to ss.

20  120.569 and 120.57.

21         Section 14.  Effective January 1, 2001, subsections (5)

22  and (6) are added to section 481.215, Florida Statutes, to

23  read:

24         481.215  Renewal of license.--

25         (5)  Each licensee shall provide to the board proof of

26  completion of the core curriculum courses, or passing the

27  equivalency test of the Building Code Training Program

28  established by s. 553.841, within 2 years after commencement

29  of the program or after initial licensure, whichever is later.

30  Hours spent taking core curriculum courses shall count toward

31  the number required for license renewal.  A licensee who

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1  passes the equivalency test in lieu of taking the core

  2  curriculum courses shall receive full credit for such core

  3  curriculum course hours.

  4         (6)  The board shall require, by rule adopted pursuant

  5  to ss. 120.536(1) and 120.54, a specified number of hours in

  6  specialized or advanced courses, approved by the Florida

  7  Building Commission, on any portion of the Florida Building

  8  Code, adopted pursuant to part VII of chapter 553, relating to

  9  the licensee's respective area of practice.

10         Section 15.  Effective January 1, 2001, paragraph (l)

11  is added to subsection (1) of section 481.225, Florida

12  Statutes, present subsection (4) of that section is renumbered

13  as subsection (5), and a new subsection (4) is added to that

14  section to read:

15         481.225  Disciplinary proceedings against registered

16  architects.--

17         (1)  The following acts constitute grounds for which

18  the disciplinary actions in subsection (3) may be taken:

19         (l)  Committing a material violation of the Florida

20  Building Code as provided under s. 553.781.

21         (4)  Upon receipt of a recommendation by a local

22  jurisdiction, pursuant to s. 553.781, the board shall enter an

23  order imposing one or more of the following penalties:

24  remedial education or training, probation, or license

25  suspension or revocation. Such order shall be subject to ss.

26  120.569 and 120.57.

27         Section 16.  Effective January 1, 2001, paragraph (o)

28  is added to subsection (1) of section 481.2251, Florida

29  Statutes, and subsection (3) is added to that section to read:

30         481.2251  Disciplinary proceedings against registered

31  interior designers.--

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1         (1)  The following acts constitute grounds for which

  2  the disciplinary actions specified in subsection (2) may be

  3  taken:

  4         (o)  Committing a material violation of the Florida

  5  Building Code as provided under s. 553.781.

  6         (3)  Upon receipt of a recommendation by a local

  7  jurisdiction, pursuant to s. 553.781, the board shall enter an

  8  order imposing one or more of the following penalties:

  9  remedial education or training, probation, or license

10  suspension or revocation. Such order shall be subject to ss.

11  120.569 and 120.57.

12         Section 17.  Effective January 1, 2001, subsections

13  (3), (4), (5), and (6) are added to section 481.313, Florida

14  Statutes, to read:

15         481.313  Renewal of license.--

16         (3)  No license renewal shall be issued to a landscape

17  architect by the department until the licensee submits proof,

18  satisfactory to the department, that during the 2-year period

19  prior to application for renewal, the licensee participated in

20  such continuing education courses required by the board.  The

21  board shall approve only continuing education courses that

22  relate to and increase the basic knowledge of landscape

23  architecture.  The board may make an exception from the

24  requirements of continuing education in emergency or hardship

25  cases.

26         (4)  The board shall by rule establish criteria for the

27  approval of continuing education courses and providers, and

28  shall by rule establish criteria for accepting alternative

29  nonclassroom continuing education on an hour-for-hour basis.

30         (5)  Each licenseholder shall provide to the board

31  proof of completion of the core curriculum courses, or passing

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    Florida Senate - 1998                   CS for SB's 1190 & 868
    316-1991-98




  1  the equivalency test of the Building Code Training Program

  2  established by s. 553.841, within 2 years after commencement

  3  of the program or of initial licensure, whichever is later.

  4  Hours spent taking core curriculum courses shall count toward

  5  the number required for license renewal.  A licensee who

  6  passes the equivalency test in lieu of taking the core

  7  curriculum courses shall receive full credit for core

  8  curriculum course hours.

  9         (6)  The board shall require, by rule adopted pursuant

10  to ss. 120.536(1) and 120.54, a specified number of hours in

11  specialized or advanced courses, approved by the Florida

12  Building Commission, on any portion of the Florida Building

13  Code, adopted pursuant to part VII of chapter 553, relating to

14  the licensee's respective area of practice.

15         Section 18.  Effective January 1, 2001, paragraph (m)

16  is added to subsection (1) of section 481.325, Florida

17  Statutes, subsection (4) of that section is renumbered as

18  subsection (5), and a new subsection (4) is added to that

19  section to read:

20         481.325  Disciplinary proceedings.--

21         (1)  The following acts constitute grounds for which

22  the disciplinary actions in subsection (3) may be taken:

23         (m)  Committing a material violation of the Florida

24  Building Code as provided under s. 553.781.

25         (4)  Upon receipt of a recommendation by a local

26  jurisdiction, pursuant to s. 553.781, the board shall enter an

27  order imposing one or more of the following penalties:

28  remedial education or training, probation, or license

29  suspension or revocation. Such order shall be subject to ss.

30  120.569 and 120.57. 

31

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  1         Section 19.  Subsection (17) is added to section

  2  489.103, Florida Statutes, to read:

  3         489.103  Exemptions.--This part does not apply to:

  4         (17)  Any one-family, two-family, or three-family

  5  residence constructed by Habitat for Humanity International,

  6  Incorporated, or its local affiliates.  Habitat for Humanity

  7  International, Incorporated, or its local affiliates, must:

  8         (a)  Obtain all necessary building permits.

  9         (b)  Obtain all required building inspections.

10         (c)  Provide for supervision of all work by an

11  individual with construction experience.

12         Section 20.  Paragraph (b) of subsection (4) of section

13  489.115, Florida Statutes, is amended to read:

14         489.115  Certification and registration; endorsement;

15  reciprocity; renewals; continuing education.--

16         (4)

17         (b)1.  Each certificateholder or registrant shall

18  provide proof, in a form established by rule of the board,

19  that the certificateholder or registrant has completed at

20  least 14 classroom hours of at least 50 minutes each of

21  continuing education courses during each biennium since the

22  issuance or renewal of the certificate or registration.  The

23  board shall establish by rule that a portion of the required

24  14 hours must deal with the subject of workers' compensation

25  and workplace safety.  The board shall by rule establish

26  criteria for the approval of continuing education courses and

27  providers, including requirements relating to the content of

28  courses and standards for approval of providers, and may by

29  rule establish criteria for accepting alternative nonclassroom

30  continuing education on an hour-for-hour basis.

31

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  1         2.  In addition, the board may approve specialized

  2  continuing education courses on compliance with the wind

  3  resistance provisions for one and two family dwellings

  4  contained in the State Minimum Building Codes and any

  5  alternate methodologies for providing such wind resistance

  6  which have been approved for use by the Board of Building

  7  Codes and Standards.  Division I certificateholders or

  8  registrants who demonstrate proficiency upon completion of

  9  such specialized courses may certify plans and specifications

10  for one and two family dwellings to be in compliance with the

11  code or alternate methodologies, as appropriate, except for

12  dwellings located in floodways or coastal hazard areas as

13  defined in ss. 60.3D and E of the National Flood Insurance

14  Program.

15         3.  Each certificateholder or registrant shall provide

16  to the board proof of completion of the core curriculum

17  courses, or passing the equivalency test of the Building Code

18  Training Program established under s. 553.841, specific to the

19  licensing category sought, within 2 years after commencement

20  of the program or of initial certification or registration,

21  whichever is later.  Classroom hours spent taking core

22  curriculum courses shall count toward the number required for

23  renewal of certificates or registration.  A certificateholder

24  or registrant who passes the equivalency test in lieu of

25  taking the core curriculum courses shall receive full credit

26  for core curriculum course hours.

27         Section 21.  Effective January 1, 2001, paragraph (b)

28  of subsection (4) of section 489.115, Florida Statutes, as

29  amended by this act, is amended to read:

30         489.115  Certification and registration; endorsement;

31  reciprocity; renewals; continuing education.--

                                  19

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  1         (4)

  2         (b)1.  Each certificateholder or registrant shall

  3  provide proof, in a form established by rule of the board,

  4  that the certificateholder or registrant has completed at

  5  least 14 classroom hours of at least 50 minutes each of

  6  continuing education courses during each biennium since the

  7  issuance or renewal of the certificate or registration.  The

  8  board shall establish by rule that a portion of the required

  9  14 hours must deal with the subject of workers' compensation

10  and workplace safety.  The board shall by rule establish

11  criteria for the approval of continuing education courses and

12  providers, including requirements relating to the content of

13  courses and standards for approval of providers, and may by

14  rule establish criteria for accepting alternative nonclassroom

15  continuing education on an hour-for-hour basis.

16         2.  In addition, the board may approve specialized

17  continuing education courses on compliance with the wind

18  resistance provisions for one and two family dwellings

19  contained in the Florida State Minimum Building Code Codes and

20  any alternate methodologies for providing such wind resistance

21  which have been approved for use by the Florida Board of

22  Building Commission Codes and Standards.  Division I

23  certificateholders or registrants who demonstrate proficiency

24  upon completion of such specialized courses may certify plans

25  and specifications for one and two family dwellings to be in

26  compliance with the code or alternate methodologies, as

27  appropriate, except for dwellings located in floodways or

28  coastal hazard areas as defined in ss. 60.3D and E of the

29  National Flood Insurance Program.

30         3.  Each certificateholder or registrant shall provide

31  to the board proof of completion of the core curriculum

                                  20

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  1  courses, or passing the equivalency test of the Building Code

  2  Training Program established under s. 553.841, specific to the

  3  licensing category sought, within 2 years after commencement

  4  of the program or of initial certification or registration,

  5  whichever is later.  Classroom hours spent taking core

  6  curriculum courses shall count toward the number required for

  7  renewal of certificates or registration.  A certificateholder

  8  or registrant who passes the equivalency test in lieu of

  9  taking the core curriculum courses shall receive full credit

10  for core curriculum course hours.

11         4.  The board shall require, by rule adopted pursuant

12  to ss. 120.536(1) and 120.54, a specified number of hours in

13  specialized or advanced module courses, approved by the

14  Florida Building Commission, on any portion of the Florida

15  Building Code, adopted pursuant to part VII of chapter 553,

16  relating to the contractor's respective discipline.

17         Section 22.  Paragraph (c) of subsection (4) of section

18  489.117, Florida Statutes, is amended to read:

19         489.117  Registration; specialty contractors.--

20         (4)

21         (c)  The local jurisdictions shall be responsible for

22  providing licensure information, code violation information

23  pursuant to s. 553.781, and disciplinary information on such

24  locally licensed individuals to the board within 30 days after

25  licensure or any disciplinary action, and the board shall

26  maintain such licensure and disciplinary information as is

27  provided to them, and shall make such information available

28  through the automated information system provided pursuant to

29  s. 455.2286 489.120. The biennial tracking registration fee

30  shall not exceed $40.

31

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  1         Section 23.  Subsection (1) of section 489.127, Florida

  2  Statutes, is amended to read:

  3         489.127  Prohibitions; penalties.--

  4         (1)  No person shall:

  5         (a)  Falsely hold himself or herself or a business

  6  organization out as a licensee, certificateholder, or

  7  registrant;

  8         (b)  Falsely impersonate a certificateholder or

  9  registrant;

10         (c)  Present as his or her own the certificate,

11  registration, or certificate of authority of another;

12         (d)  Knowingly give false or forged evidence to the

13  board or a member thereof;

14         (e)  Use or attempt to use a certificate, registration,

15  or certificate of authority which has been suspended or

16  revoked;

17         (f)  Engage in the business or act in the capacity of a

18  contractor or advertise himself or herself or a business

19  organization as available to engage in the business or act in

20  the capacity of a contractor without being duly registered or

21  certified or having a certificate of authority;

22         (g)  Operate a business organization engaged in

23  contracting after 60 days following the termination of its

24  only qualifying agent without designating another primary

25  qualifying agent, except as provided in ss. 489.119 and

26  489.1195;

27         (h)  Commence or perform work for which a building

28  permit is required pursuant to part VII of chapter 553 an

29  adopted state minimum building code without such building

30  permit being in effect; or

31

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  1         (i)  Willfully or deliberately disregard or violate any

  2  municipal or county ordinance relating to uncertified or

  3  unregistered contractors: or.

  4         (j)  Commit a material violation of the Florida

  5  Building Code as provided under s. 553.781.

  6

  7  For purposes of this subsection, a person or business

  8  organization operating on an inactive or suspended

  9  certificate, registration, or certificate of authority is not

10  duly certified or registered and is considered unlicensed.  An

11  occupational license certificate issued under the authority of

12  chapter 205 is not a license for purposes of this part.

13         Section 24.  Effective January 1, 2001, present

14  subsections (4) through (11) of section 489.129, Florida

15  Statutes, are renumbered as subsections (5) through (12),

16  respectively, and new subsection (4) is added to that section

17  to read:

18         489.129  Disciplinary proceedings.--

19         (4)  Upon receipt of a recommendation by a local

20  jurisdiction, pursuant to s. 553.781, the board shall enter an

21  order imposing one or more of the following penalties:

22  remedial education or training, probation, or license

23  suspension or revocation. Such order shall be subject to ss.

24  120.569 and 120.57.

25         Section 25.  Effective January 1, 2001, paragraph (e)

26  of subsection (3) of section 489.131, Florida Statutes, is

27  amended to read:

28         489.131  Applicability.--

29         (3)  Nothing in this part limits the power of a

30  municipality or county:

31

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  1         (e)  To require one bond for each contractor in an

  2  amount not to exceed $5,000, which bond shall be conditioned

  3  only upon compliance with the Florida applicable state minimum

  4  Building Code and applicable local building code requirements

  5  adopted pursuant to s. 553.73.  Any such bond must be equally

  6  available to all contractors without regard to the period of

  7  time a contractor has been certified or registered and without

  8  regard to any financial responsibility requirements.  Any such

  9  bonds shall be payable to the Construction Industry Recovery

10  Fund and filed in each county or municipality in which a

11  building permit is requested.  Bond reciprocity shall be

12  granted statewide.  All such bonds shall be included in

13  meeting any financial responsibility requirements imposed by

14  any statute or rule.  Any contractor who provides a third

15  party insured warranty policy in connection with a new

16  building or structure for the benefit of the purchaser or

17  owner shall be exempt from the bond requirements under this

18  subsection with respect to such building or structure.

19         Section 26.  Subsection (1) of section 489.1455,

20  Florida Statutes, is amended to read:

21         489.1455  Journeyman; reciprocity; standards.--

22         (1)  An individual who holds a valid, active journeyman

23  license in the plumbing/pipe fitting, mechanical, or HVAC

24  trades issued by any county or municipality in this state may

25  work as a journeyman in the trade in which he or she is

26  licensed in any other county or municipality of this state

27  without taking an additional examination or paying an

28  additional license fee, if he or she:

29         (a)  Has scored at least 70 percent, or after October

30  1, 1997, at least 75 percent, on a proctored journeyman Block

31  and Associates examination or other proctored examination

                                  24

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  1  approved by the board for the trade in which he or she is

  2  licensed;

  3         (b)  Has completed an apprenticeship program registered

  4  with the Department of Labor and Employment Security and

  5  demonstrates 4 years' verifiable practical experience in the

  6  trade for which he or she is licensed, or demonstrates 6

  7  years' verifiable practical experience in the trade for which

  8  he or she is licensed; and

  9         (c)  Has satisfactorily completed specialized and

10  advanced module course work approved by the Florida Building

11  Commission, as part of the Building Code Training Program

12  established in s. 553.841, specific to the discipline, and

13  successfully completed the program's core curriculum courses

14  or passed an equivalency test in lieu of taking the core

15  curriculum courses and provided proof of completion of such

16  curriculum courses or examination and obtained a certificate

17  from the board pursuant to this part or, pursuant to

18  authorization by the certifying authority, provides proof of

19  completion of such curriculum or course work within 6 months

20  after such certification; and

21         (d)(c)  Has not had a license suspended or revoked

22  within the last 5 years.

23         Section 27.  Subsections (6) and (7) are added to

24  section 489.513, Florida Statutes, to read:

25         489.513  Registration; application; requirements.--

26         (6)  The local jurisdictions shall be responsible for

27  providing licensure information, code violation information

28  pursuant to s. 553.781, and disciplinary information on

29  locally licensed individuals to the board within 30 days after

30  licensure or any disciplinary action, and the board shall

31  maintain such licensure and disciplinary information as is

                                  25

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  1  provided to them and shall make such information available

  2  through the automated information system provided pursuant to

  3  s. 455.2286.

  4         (7)  Neither the board nor the department assumes any

  5  responsibility for providing discipline pursuant to having

  6  provided the tracking registration.  Providing discipline to

  7  such locally licensed individuals shall be the responsibility

  8  of the local jurisdiction.  Failure to obtain a tracking

  9  registration shall not be considered a violation of this

10  chapter.  However, a local jurisdiction requiring such

11  tracking registration may levy such penalties for failure to

12  obtain the tracking registration as the local jurisdiction

13  chooses to provide through local ordinance.

14         Section 28.  Subsection (3) of section 489.517, Florida

15  Statutes, is amended, and subsection (4) is added to that

16  section, to read:

17         489.517  Renewal of certificate or registration;

18  continuing education.--

19         (3)(a)  Each certificateholder or registrant shall

20  provide proof, in a form established by rule of the board,

21  that the certificateholder or registrant has completed at

22  least 14 classroom hours of at least 50 minutes each of

23  continuing education courses during each biennium since the

24  issuance or renewal of the certificate or registration. The

25  board shall by rule establish criteria for the approval of

26  continuing education courses and providers and may by rule

27  establish criteria for accepting alternative nonclassroom

28  continuing education on an hour-for-hour basis.

29         (b)  Each certificateholder or registrant shall provide

30  to the board proof of completion of the core curriculum

31  courses or passing the equivalency test of the Building Code

                                  26

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    Florida Senate - 1998                   CS for SB's 1190 & 868
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  1  Training Program established under s. 553.841, specific to the

  2  licensing category sought, within 2 years after commencement

  3  of the program or of initial certification or registration,

  4  whichever is later.  Classroom hours spent taking core

  5  curriculum courses shall count toward the number required for

  6  renewal of certificate or registration.  A certificateholder

  7  or registrant who passes the equivalency test in lieu of

  8  taking the core curriculum courses shall receive full credit

  9  for core curriculum course hours.

10         (4)  The board shall require, by rule adopted pursuant

11  to ss. 120.536(1) and 120.54, a specialized number of hours in

12  specialized or advanced module courses, approved by the

13  Florida Building Commission, on any portion of the Florida

14  Building Code, adopted pursuant to part VII of chapter 553,

15  relating to the contractor's respective discipline.

16         Section 29.  Subsection (1) of section 489.531, Florida

17  Statutes, is amended to read:

18         489.531  Prohibitions; penalties.--

19         (1)  A person may not:

20         (a)  Practice contracting unless the person is

21  certified or registered;

22         (b)  Use the name or title "electrical contractor" or

23  "alarm system contractor" or words to that effect, or

24  advertise himself or herself or a business organization as

25  available to practice electrical or alarm system contracting,

26  when the person is not then the holder of a valid

27  certification or registration issued pursuant to this part;

28         (c)  Present as his or her own the certificate or

29  registration of another;

30

31

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  1         (d)  Use or attempt to use a certificate or

  2  registration that has been suspended, revoked, or placed on

  3  inactive or delinquent status;

  4         (e)  Employ persons who are not certified or registered

  5  to practice contracting;

  6         (f)  Knowingly give false or forged evidence to the

  7  department, the board, or a member thereof;

  8         (g)  Operate a business organization engaged in

  9  contracting after 60 days following the termination of its

10  only qualifying agent without designating another primary

11  qualifying agent;

12         (h)  Conceal information relative to violations of this

13  part;

14         (i)  Commence or perform work for which a building

15  permit is required pursuant to part VII of chapter 533 under

16  an adopted state minimum building code without the building

17  permit being in effect; or

18         (j)  Willfully or deliberately disregard or violate any

19  municipal or county ordinance relating to uncertified or

20  unregistered contractors; or.

21         (k)  Commit a material violation of the Florida

22  Building Code as provided in s. 533.781.

23         Section 30.  Effective January 1, 2001, paragraph (i)

24  of subsection (1) of section 489.533, Florida Statutes, is

25  amended, present subsections (3), (4), (5), (6), and (7) of

26  that section are renumbered as subsections (4), (5), (6), (7),

27  and (8), respectively, and a new subsection (3) is added to

28  that section, to read:

29         489.533  Disciplinary proceedings.--

30         (1)  The following acts shall constitute grounds for

31  disciplinary actions as provided in subsection (2):

                                  28

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  1         (i)  Willfully or deliberately disregarding and

  2  Violating the applicable building codes or laws of the state

  3  or any municipality or county thereof.

  4

  5  For the purposes of this subsection, construction is

  6  considered to be commenced when the contract is executed and

  7  the contractor has accepted funds from the customer or lender.

  8         (3)  Upon receipt of a recommendation by a local

  9  jurisdiction, pursuant to s. 553.781, the board shall enter an

10  order imposing one or more of the following penalties:

11  remedial education or training, probation, or license

12  suspension or revocation. Such order shall be subject to ss.

13  120.569 and 120.57.

14         Section 31.  Subsection (1) of section 489.5335,

15  Florida Statutes, is amended to read:

16         489.5335  Journeyman; reciprocity; standards.--

17         (1)  An individual who holds a valid, active journeyman

18  license in the electrical trade issued by any county or

19  municipality in this state may work as a journeyman in any

20  other county or municipality of this state without taking an

21  additional examination or paying an additional license fee, if

22  he or she:

23         (a)  Has scored at least 70 percent, or after October

24  1, 1997, at least 75 percent, on a proctored journeyman Block

25  and Associates examination or other proctored examination

26  approved by the board for the electrical trade;

27         (b)  Has completed an apprenticeship program registered

28  with the Department of Labor and Employment Security and

29  demonstrates 4 years' verifiable practical experience in the

30  electrical trade, or demonstrates 6 years' verifiable

31  practical experience in the electrical trade; and

                                  29

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  1         (c)  Has satisfactorily completed specialized and

  2  advanced module course work approved by the Florida Building

  3  Commission, as part of the Building Code Training Program

  4  established in s. 553.841, specific to the discipline, and

  5  successfully completed the program's core curriculum courses

  6  or passed an equivalency test in lieu of taking the core

  7  curriculum courses and provided proof of completion of such

  8  curriculum courses or examination and obtained a certificate

  9  from the board pursuant to this part or, pursuant to

10  authorization by the certifying authority, provides proof of

11  completion of such curriculum or course work within 6 months

12  after such certification; and

13         (d)(c)  Has not had a license suspended or revoked

14  within the last 5 years.

15         Section 32.  Effective January 1, 2001, paragraph (d)

16  of subsection (3) of section 489.537, Florida Statutes, is

17  amended to read:

18         489.537  Application of this part.--

19         (3)  Nothing in this act limits the power of a

20  municipality or county:

21         (d)  To require one bond for each electrical contractor

22  in an amount not to exceed $5,000, which bond shall be

23  conditioned only upon compliance with the Florida applicable

24  state minimum Building Code and applicable local building code

25  requirements adopted pursuant to s. 553.73.  Any such bond

26  must be equally available to all electrical contractors

27  without regard to the period of time an electrical contractor

28  has been certified or registered and without regard to any

29  financial responsibility requirements.  Any such bonds shall

30  be payable to the Governor and filed in each county or

31  municipality in which a building permit is requested.  Bond

                                  30

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  1  reciprocity shall be granted statewide. All such bonds shall

  2  be included in meeting any financial responsibility

  3  requirements imposed by any statute or rule.

  4         Section 33.  Effective January 1, 2001, paragraph (d)

  5  of subsection (5) of section 500.459, Florida Statutes, is

  6  amended to read:

  7         500.459  Water vending machines.--

  8         (5)  OPERATING STANDARDS.--

  9         (d)  Each water vending machine must have a backflow

10  prevention device that conforms with the applicable provision

11  of the Florida Building Code s. 553.06 and an adequate system

12  for collecting and handling dripping, spillage, and overflow

13  of water.

14         Section 34.  Subsection (1) of section 553.06, Florida

15  Statutes, is amended to read:

16         553.06  State Plumbing Code.--

17         (1)  The Florida Building Commission Board of Building

18  Codes and Standards shall, in accordance with the provisions

19  of chapter 120 and ss. 553.70-553.895, adopt the Standard

20  Plumbing Code, 1994 edition, as adopted at the October 1993

21  annual meeting of the Southern Building Code Congress

22  International, as the State Plumbing Code which shall be the

23  minimum requirements statewide for all installations, repairs,

24  and alterations to plumbing. The board may, in accordance with

25  the requirements of chapter 120, adopt all or parts of updated

26  or revised editions of the State Plumbing Code to keep abreast

27  of latest technological advances in plumbing and installation

28  techniques. Local governments which have adopted the South

29  Florida, One and Two Family Dwelling or EPCOT Plumbing Codes

30  may continue their use provided the requirements contained

31  therein meet or exceed the requirements of the State Plumbing

                                  31

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  1  Code. Provided, however, nothing in this section shall alter

  2  or diminish the authority of the Department of Business and

  3  Professional Regulation to conduct plan reviews, issue

  4  variances, and adopt rules regarding sanitary facilities in

  5  public lodging and public food service establishments pursuant

  6  to chapter 509, providing that such actions do not conflict

  7  with the requirements for public restrooms in s. 553.141.

  8         Section 35.  Effective January 1, 2001, subsection (2)

  9  of section 553.18, Florida Statutes, is amended to read:

10         553.18  Scope.--

11         (2)  Local jurisdictions County, municipal, improvement

12  district, or state governing bodies may adopt and enforce

13  additional or more stringent standards or administrative

14  procedures and requirements than those prescribed by this

15  code, including but not limited to fees if the standards or

16  administrative procedures and requirements are in conformity

17  with standards set forth in the Florida Building Code s.

18  553.19.

19         Section 36.  Section 553.19, Florida Statutes, is

20  amended to read:

21         553.19  Adoption of electrical standards.--For the

22  purpose of establishing minimum electrical standards in this

23  state, the following standards are adopted:

24         (1)  "National Electrical Code 1990," NFPA No. 70-1990.

25         (2)  Underwriters' Laboratories, Inc., "Standards for

26  Safety, Electrical Lighting Fixtures, and Portable Lamps," UL

27  57-1982 and UL 153-1983.

28         (3)  Underwriters' Laboratories, Inc., "Standard for

29  Electric Signs," UL 48-1982.

30         (4)  The provisions of the following which prescribe

31  minimum electrical standards:

                                  32

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  1         (a)  NFPA No. 56A-1978, "Inhalation Anesthetics 1978."

  2         (b)  NFPA No. 56B-1982, "Respiratory Therapy 1982."

  3         (c)  NFPA No. 56C-1980, "Laboratories in Health-related

  4  Institutions 1980."

  5         (d)  NFPA No. 56D-1982, "Hyperbaric Facilities."

  6         (e)  NFPA No. 56F-1983, "Nonflammable Medical Gas

  7  Systems 1983."

  8         (f)  NFPA No. 76A-1984, "Essential Electrical Systems

  9  for Health Care Facilities 1984."

10         (5)  Chapter 10D-29 of The rules and regulations of the

11  Department of Health and Rehabilitative Services, entitled

12  "Nursing Homes and Related Facilities Licensure."

13         (6)  The minimum standards for grounding of portable

14  electric equipment, chapter 8C-27 as recommended by the

15  Industrial Standards Section, Division of Workers'

16  Compensation, Department of Labor and Employment Security.

17

18  The Florida Building Commission shall update and maintain such

19  electrical standards consistent with the procedures

20  established in s. 553.73.

21         Section 37.  Effective January 1, 2001, part VII of

22  chapter 553, Florida Statutes, shall be entitled "Florida

23  Building Code."

24         Section 38.  Subsections (1), (3), and (5) of section

25  553.71, Florida Statutes, are amended to read:

26         553.71  Definitions.--As used in this part, the term:

27         (1)  "Commission Board" means the Florida Building

28  Commission Board of Building Codes and Standards created by

29  this part.

30         (3)  "State enforcement agency" means the agency of

31  state government with authority to make inspections of

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  1  buildings and to enforce the codes, as required by this part,

  2  which establish standards for design, construction, erection,

  3  alteration, repair, modification, or demolition of public or

  4  private buildings, structures, or facilities.

  5         (5)  "Local enforcement agency" means an the agency of

  6  local government with authority to make inspections of

  7  buildings and to enforce the codes which establish standards

  8  for design, construction, erection, alteration, repair,

  9  modification, or demolition of public or private buildings,

10  structures, or facilities.

11         Section 39.  Effective January 1, 2001, section 553.72,

12  Florida Statutes, is amended to read:

13         553.72  Intent.--

14         (1)  The purpose and intent of this act is to provide a

15  mechanism for the uniform promulgation, adoption, updating,

16  amendment, interpretation, and enforcement of a single,

17  unified state minimum building code, to be called the Florida

18  Building Code, codes which consists of a single set of

19  documents that apply to the design, construction, erection,

20  alteration, modification, repair, or demolition of public or

21  private buildings, structures, or facilities in this state and

22  to the enforcement of such requirements contain standards

23  flexible enough to cover all phases of construction and which

24  will allow effective and reasonable protection for public

25  safety, health, and general welfare for all the people of

26  Florida at the most reasonable cost to the consumer. The

27  Florida Building Code shall be organized to provide

28  consistency and simplicity of use. The Florida Building Code

29  shall be applied, administered, and enforced uniformly and

30  consistently from jurisdiction to jurisdiction. The Florida

31  Building Code shall provide for flexibility to be exercised in

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  1  a manner that meets minimum requirements, is affordable, does

  2  not inhibit competition, and promotes innovation and new

  3  technology.

  4         (2)  It is the intent of the Legislature that local

  5  governments shall have the power to inspect all buildings,

  6  structures, and facilities within their jurisdictions in

  7  protection of the public health, safety, and welfare pursuant

  8  to chapters 125 and 166.

  9         (3)  It is the intent of the Legislature that the

10  Florida Building Code be adopted, modified, updated,

11  interpreted, and maintained by the Florida Building Commission

12  and in accordance with ss. 120.536(1) and 120.54 and enforced

13  by authorized state and local government enforcement agencies.

14         (4)  It is the intent of the Legislature that the

15  Florida Fire Prevention Code and the Life Safety Code of this

16  state be adopted, modified, updated, interpreted, and

17  maintained by the Department of Insurance and in accordance

18  with ss. 120.536(1) and 120.54 and included by reference as

19  sections in the Florida Building Code.

20         (5)  It is the intent of the Legislature that there be

21  no conflicting requirements between the Florida Fire

22  Prevention Code and the Life Safety Code of the state and

23  other provisions of the Florida Building Code or conflicts in

24  their enforcement and interpretation.  Potential conflicts

25  shall be resolved through coordination and cooperation of the

26  State Fire Marshal and the Florida Building Commission as

27  provided by this part and chapter 633.

28         Section 40.  Subsections (3) and (9) of section 553.73,

29  Florida Statutes, are amended to read:

30         553.73  State Minimum Building Codes.--

31

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  1         (3)  The commission board may, by rule adopted in

  2  accordance with the requirements of chapter 120, designate all

  3  or a part of an updated or revised version of a model code

  4  listed in subsection (2) as a State Minimum Building Code.

  5         (9)  Except within coastal building zones as defined in

  6  s. 161.54, specification standards developed by nationally

  7  recognized code promulgation organizations to determine

  8  compliance with s. 1606 1205 and the engineering design

  9  criteria of s. 1606 1205 of the Standard Building Code shall

10  not apply to one or two family dwellings which are two stories

11  or less in height unless approved by the commission Board of

12  Building Codes and Standards for use or unless expressly made

13  subject to said standards and criteria by local ordinance

14  adopted in accordance with the provisions of subsection (4).

15         Section 41.  Effective January 1, 2001, section 553.73,

16  Florida Statutes, as amended by this act, is amended to read:

17         553.73  Florida State Minimum Building Code Codes.--

18         (1)(a)  The commission shall adopt, by rule pursuant to

19  ss. 120.536(1) and 120.54, the Florida Building Code which

20  shall contain or incorporate by reference all laws and rules

21  which pertain to and govern the design, construction,

22  erection, alteration, modification, repair, and demolition of

23  public and private buildings, structures, and facilities and

24  enforcement of such laws and rules, except as otherwise

25  provided in this section. By October 1, 1984, local

26  governments and state agencies with building construction

27  regulation responsibilities shall adopt a building code which

28  shall cover all types of construction.  Such code shall

29  include the provisions of parts I-V, VII, and VIII, relating

30  to plumbing, electrical requirements, glass, manufactured

31  buildings, accessibility by handicapped persons, and thermal

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  1  efficiency, and shall be in addition to the requirements set

  2  forth in chapter 527, which pertains to liquefied petroleum

  3  gas.

  4         (b)  The technical portions of the Florida

  5  Accessibility Code for Building Construction shall be

  6  contained in its entirety in the Florida Building Code.  The

  7  civil rights portions and the technical portions of the

  8  accessibility laws of this state shall remain as currently

  9  provided by law.  Any revision or amendments to the Florida

10  Accessibility Code for Building Construction pursuant to part

11  V shall be considered adopted by the commission as part of the

12  Florida Building Code.  Neither the commission nor any local

13  government shall revise or amend any standard of the Florida

14  Accessibility Code for Building Construction except as

15  provided for in part V.

16         (c)  The Florida Fire Prevention Code and the Life

17  Safety Code shall be referenced in the Florida Building Code,

18  but shall be adopted, modified, revised, or amended,

19  interpreted, and maintained by the Department of Insurance.

20  Nothing in the Florida Building Code shall affect the

21  statutory powers, duties, and responsibilities of any fire

22  official or the Department of Insurance.

23         (d)  Conflicting requirements between the Florida

24  Building Code and the Florida Fire Prevention Code and Life

25  Safety Code of the state established pursuant to s. 633.022

26  and s. 633.025 shall be resolved by agreement between the

27  commission and the State Fire Marshal in favor of the

28  requirement that offers the greatest degree of life safety or

29  alternatives that would provide an equivalent degree of life

30  safety and an equivalent method of construction. If the

31  commission and State Fire Marshal are unable to agree on a

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  1  resolution, the question shall be referred to the Division of

  2  Administrative Hearings to resolve the conflict in favor of

  3  the provision that offers the greatest life safety, or

  4  alternatives that would provide an equivalent degree of life

  5  safety and an equivalent method of construction.

  6         (e)(b)  Subject to the provisions of this act, In the

  7  event that a special act of the Legislature, passed prior or

  8  subsequent to January 1, 1978, places responsibility for

  9  enforcement, interpretation, and building construction

10  regulation of the Florida Building Code shall be vested in a

11  specified local board or agency, and the words "local

12  government" and "local governing body" as used in this part

13  shall be construed to refer exclusively to such local board or

14  agency.

15         (2)  The Florida Building Code shall contain provisions

16  or requirements for public and private buildings, structures,

17  and facilities relative to structural, mechanical, electrical,

18  plumbing, energy, and gas systems, existing buildings,

19  historical buildings, manufactured buildings, elevators,

20  coastal construction, lodging facilities, food sales and food

21  service facilities, health care facilities, public or private

22  educational facilities, swimming pools, and correctional

23  facilities and enforcement of and compliance with such

24  provisions or requirements. There is created the State Minimum

25  Building Codes which shall consist of the following nationally

26  recognized model codes:

27         (a)  Standard Building Codes, 1988 edition, pertaining

28  to building, plumbing, mechanical, and gas, and excluding fire

29  prevention;

30         (b)  EPCOT Code, 1982 edition;

31

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  1         (c)  One and Two Family Dwelling Code, 1986 edition;

  2  and

  3         (d)  The South Florida Building Code, 1988 edition.

  4

  5  Each local government and state agency with building

  6  construction regulation responsibilities shall adopt one of

  7  the State Minimum Building Codes as its building code, which

  8  shall govern the construction, erection, alteration, repair,

  9  or demolition of any building for which the local government

10  or state agency has building construction regulation

11  responsibility.  If the One and Two Family Dwelling Code is

12  adopted for residential construction, then one of the other

13  recognized model codes must be adopted for the regulation of

14  other residential and nonresidential structures. Provisions to

15  be contained within the Florida any State Minimum Building

16  Code are restricted to requirements related to the types of

17  materials used and construction methods and standards employed

18  in order to meet criteria specified in the Florida Building

19  Code minimum building codes. Provisions relating to the

20  personnel, supervision or training of personnel, or any other

21  professional qualification requirements relating to

22  contractors or their workforce may not be included within the

23  Florida a State Minimum Building Code, and subsection (4) is

24  not to be construed to allow the inclusion of such provisions

25  within the Florida any State Minimum Building Code by

26  amendment. This restriction applies to both initial

27  development and amendment of the Florida Building Code.

28         (3)  The commission shall select from available

29  national or international model building codes, or other

30  available building codes and standards currently recognized by

31  the laws of this state, to form the foundation for the Florida

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  1  Building Code. The commission may modify the selected model

  2  codes and standards as needed to accommodate the specific

  3  needs of this state.  Standards or criteria referenced by the

  4  selected model codes shall be similarly incorporated by

  5  reference.  If a referenced standard or criterion requires

  6  amplification or modification to be appropriate for use in

  7  this state, only the amplification or modification shall be

  8  specifically set forth in the Florida Building Code.  The

  9  commission shall incorporate within sections of the Florida

10  Building Code provisions which address regional and local

11  concerns and variations. The commission shall make every

12  effort to minimize conflicts between the Florida Building

13  Code, the Florida Fire Prevention Code, and the Life Safety

14  Code. The commission may, by rule adopted in accordance with

15  the requirements of chapter 120, designate all or a part of an

16  updated or revised version of a model code listed in

17  subsection (2) as a State Minimum Building Code.

18         (4)(a)  Local governments shall comply with applicable

19  standards for issuance of mandatory certificates of occupancy,

20  minimum types of inspections, and procedures for plans review

21  and inspections as established by the board by rule. Any

22  amendments to standards established by the Florida Building

23  Code pursuant to this paragraph shall be more stringent than

24  such standards and shall be transmitted to the commission

25  within 30 days after enactment.  The local government shall

26  make such amendments available to the general public in a

27  usable format.  The Department of Insurance is responsible for

28  establishing the standards and procedures required in this

29  paragraph for governmental entities with respect to applying

30  the Florida Fire Prevention and the Life Safety Code.

31

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    Florida Senate - 1998                   CS for SB's 1190 & 868
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  1         (b)  Local governments and state agencies with building

  2  construction regulation responsibilities may, subject to the

  3  limitations of this section, adopt amendments to the technical

  4  provisions of the Florida Building Code which apply solely

  5  within the jurisdiction of such government and which provide

  6  for more stringent requirements than those specified in the

  7  Florida State Minimum Building Code, not more than once every

  8  6 months, Codes provided:

  9         1.(a)  The local governing body determines, following a

10  public hearing which has been advertised in a newspaper of

11  general circulation at least 10 days before the hearing, that

12  there is a need to strengthen the requirements of the Florida

13  State Minimum Building Code Codes adopted by such governing

14  body. The determination must be based upon a review of local

15  conditions by the local governing body, which review

16  demonstrates that local conditions justify more stringent

17  requirements than those specified in the Florida State Minimum

18  Building Code Codes for the protection of life and property.

19         2.(b)  Such additional requirements are not

20  discriminatory against materials, products, or construction

21  techniques of demonstrated capabilities.

22         3.(c)  Such additional requirements may not introduce a

23  new subject not addressed in the Florida State Minimum

24  Building Code Codes.

25         4.  The enforcing agency shall make readily available,

26  in a usable format, all amendments adopted pursuant to this

27  section.

28         5.  Any amendment to the Florida Building Code shall be

29  transmitted within 30 days by the adopted local government to

30  the commission.  The commission shall maintain copies of all

31

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  1  such amendments in a format that is usable and obtainable by

  2  the public.

  3         6.  Any amendment to the Florida Building Code adopted

  4  by a local government pursuant to this paragraph shall be

  5  effective only until the adoption by the board of the new

  6  edition of the Florida Building Code every third year.  At

  7  such time, the board shall adopt such amendment as part of the

  8  Florida Building Code or rescind the amendment.  Adoption or

  9  rescission of an amendment by the board shall take effect 90

10  days after the board takes such action.  The board shall

11  immediately notify the respective local government of the

12  rescission of any amendment. After receiving such notice, the

13  respective local government may readopt the rescinded

14  amendment pursuant to the provisions of this paragraph.

15         7.  Each county and municipality desiring to make local

16  technical amendments to the Florida Building Code shall by

17  interlocal agreement establish a countywide compliance review

18  board to review any amendment to the Florida Building Code,

19  adopted by a local government within the county pursuant to

20  this paragraph, which is challenged by any substantially

21  affected party for purposes of determining the amendment's

22  compliance with this paragraph.  If the compliance review

23  board determines such amendment is not in compliance with this

24  paragraph, the compliance review board shall notify such local

25  government of the noncompliance and that the amendment is

26  invalid and unenforceable until the local government corrects

27  the amendment to bring it into compliance. The local

28  government may appeal the decision of the compliance review

29  board to the commission.  If the compliance review board

30  determines such amendment to be in compliance with this

31  paragraph, any substantially affected party may appeal such

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  1  determination to the commission. Actions of the commission are

  2  subject to ss. 120.569 and 120.57, except an order of an

  3  administrative law judge shall be final agency action. The

  4  compliance review board shall determine whether its decisions

  5  apply to a respective local jurisdiction or apply countywide.

  6         8.  An amendment adopted under this paragraph shall

  7  include a fiscal impact statement which documents the costs

  8  and benefits of the proposed amendment.  Criteria for the

  9  fiscal impact statement shall include the impact to local

10  government relative to enforcement, the impact to property and

11  building owners, as well as to industry, relative to the cost

12  of compliance.  The fiscal impact statement may not be used as

13  a basis for challenging the amendment for compliance.

14         9.  In addition to subparagraphs 7. and 8., the

15  commission may review any amendments adopted pursuant to this

16  subsection and make nonbinding recommendations related to

17  compliance of such amendments with this subsection.

18         (c)  Any amendment adopted by a local enforcing agency

19  pursuant to this subsection shall not apply to state or school

20  district owned buildings, manufactured buildings approved by

21  the commission, or prototype buildings approved pursuant to s.

22  553.77(6).  The respective responsible entities shall consider

23  the physical performance parameters substantiating such

24  amendments when designing, specifying, and constructing such

25  exempt buildings.

26         (d)  Paragraphs (a), (b), and (c) apply to the

27  enforcing agency's adoption of more stringent requirements

28  than those specified in the State Minimum Building Codes and

29  to the adoption of building construction-related codes that

30  have the effect of amending building construction standards

31  contained in the State Minimum Building Codes.  Upon request,

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  1  the enforcing agency shall provide a person making application

  2  for a building permit, or any state agency or board with

  3  construction-related regulation responsibilities, a listing of

  4  all such requirements and codes.

  5         (5)  The commission shall, by rule pursuant to ss.

  6  120.536(1) and 120.54, update the Florida Building Code every

  7  3 years.  Once initially adopted and subsequently updated by

  8  the board, the Florida Building Code shall be deemed adopted

  9  for use statewide without adoptions by local government. When

10  updating the Florida Building Code, the commission shall

11  consider changes made by the adopting entity of any selected

12  model code for any model code incorporated into the Florida

13  Building Code by the commission, the commission's own binding

14  interpretations, advisory opinions, appellate decisions, and

15  approved statewide and local technical amendments.

16         (6)(5)  It shall be the responsibility of each

17  municipality and county in the state and of each state agency

18  with statutory authority to regulate building construction to

19  enforce the provisions of the Florida specific model code of

20  the State Minimum Building Code Codes adopted by that

21  municipality, county, or agency, in accordance with the

22  provisions of s. 553.80.  If such responsibility has been

23  delegated to another unit of government pursuant to s.

24  553.79(9), the specific model code adopted by the delegate

25  shall apply and be enforced.

26         (7)(a)(6)  The commission may approve technical

27  amendments to the Florida Building Code once each year for

28  statewide application upon a finding by a super majority vote

29  that delaying the application of the amendment would be

30  contrary to the health, safety, and welfare of the public or

31

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  1  the amendment provides an economic advantage to the consumer

  2  and that the amendment:

  3         1.  Has a reasonable and substantial connection with

  4  the health, safety, and welfare of the general public.

  5         2.  Strengthens or improves the Florida Building Code,

  6  or in the case of innovation or new technology, will provide

  7  equivalent or better products or methods or systems of

  8  construction.

  9         3.  Does not discriminate against materials, products,

10  methods, or systems of construction of demonstrated

11  capabilities.

12         4.  Does not degrade the effectiveness of the Florida

13  Building Code.

14

15  Such approved amendments shall be adopted by rule pursuant to

16  ss. 120.536(1) and 120.54.

17         (b)  A proposed amendment shall include a fiscal impact

18  statement which documents the costs and benefits of the

19  proposed amendment.  Criteria for the fiscal impact statement

20  shall be established by rule by the commission and shall

21  include the impact to local government relative to

22  enforcement, the impact to property and building owners, as

23  well as to industry, relative to the cost of compliance. The

24  specific model code of the State Minimum Building Codes

25  adopted by a municipality, county, or state agency shall

26  regulate every type of building or structure, wherever it

27  might be situated in the code enforcement jurisdiction;

28  however, such regulations shall not apply to nonresidential

29  farm buildings on farms; to temporary buildings or sheds used

30  exclusively for construction purposes; to mobile homes used as

31  temporary offices, except that the provisions of part V

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  1  relating to accessibility by handicapped persons shall apply

  2  to such mobile homes used as temporary offices; or to any

  3  construction exempted under s. 553.80(3) by an enforcement

  4  district or local enforcement agency. The codes may be divided

  5  into a number of segments, as determined by the municipality,

  6  county, or state agency. These segments may be identified as

  7  building, mechanical, electrical, plumbing, or fire prevention

  8  codes or by other titles as are deemed proper. However, the

  9  State Minimum Building Codes shall not contain a housing code;

10  nor shall the state interpose in the area of local housing

11  codes, except upon request originating from an enforcement

12  district or local enforcement agency.

13         (8)  The following buildings, structures, and

14  facilities may be exempted from the Florida Building Code as

15  provided by law and any further exemptions shall be as

16  determined by the Legislature and provided by law:

17         (a)  Buildings and structures specifically regulated

18  and preempted by the Federal Government.

19         (b)  Railroads and ancillary facilities associated with

20  the railroad.

21         (c)  Nonresidential farm buildings on farms.

22         (d)  Temporary buildings or sheds used exclusively for

23  construction purposes.

24         (e)  Mobile homes used as temporary offices, except

25  that the provisions of part V relating to accessibility by

26  persons with disabilities shall apply to such mobile homes.

27         (9)(7)(a)  In the event of a conflict between the

28  Florida applicable minimum Building Code and the Florida Fire

29  Prevention Code and the Life Safety applicable minimum

30  firesafety Code, the conflict it shall be resolved by

31  agreement between the local building code enforcement official

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    Florida Senate - 1998                   CS for SB's 1190 & 868
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  1  and the local fire code enforcement official in favor of the

  2  requirement of the code which offers the greatest degree of

  3  lifesafety or alternatives which would provide an equivalent

  4  degree of lifesafety and an equivalent method of construction.

  5         (b)  Any decision made by the local fire official and

  6  the local building official may be appealed to a local

  7  administrative board designated by the municipality, county,

  8  or special district having firesafety responsibilities.  If

  9  the decision of the local fire official and the local building

10  official is to apply the provisions of either the Florida

11  applicable minimum Building Code or the Florida Fire

12  Prevention Code and the Life Safety applicable minimum

13  firesafety Code, the board may not alter the decision unless

14  the board determines that the application of such code is not

15  reasonable.  If the decision of the local fire official and

16  the local building official is to adopt an alternative to the

17  codes, the local administrative board shall give due regard to

18  the decision rendered by the local officials and may modify

19  that decision if the administrative board adopts a better

20  alternative, taking into consideration all relevant

21  circumstances.  In any case in which the local administrative

22  board adopts alternatives to the decision rendered by the

23  local fire official and the local building official, such

24  alternatives shall provide an equivalent degree of lifesafety

25  and an equivalent method of construction as the decision

26  rendered by the local officials.

27         (c)  If In the event that the local building official

28  and the local fire official are unable to agree on a

29  resolution of the conflict between the Florida Building Code

30  and the Florida Fire Prevention Code and the Life Safety Code,

31  the local administrative board shall resolve the conflict in

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  1  favor of the code which offers the greatest degree of

  2  lifesafety or alternatives which would provide an equivalent

  3  degree of lifesafety and an equivalent method of construction.

  4         (d)  The local administrative board shall, to the

  5  greatest extent possible, be composed of members with

  6  expertise in building construction and firesafety standards.

  7         (e)  All decisions of the local building official and

  8  local fire official and all decisions of the administrative

  9  board shall be in writing and shall be binding upon all

10  persons but shall not limit the authority of the State Fire

11  Marshal or the Florida Building Commission pursuant to

12  paragraph(1)(d) and ss. 663.01, and s. 633.161.  Decisions of

13  general application shall be indexed by building and fire code

14  sections and shall be available for inspection during normal

15  business hours.

16         (10)(8)  Except within coastal building zones as

17  defined in s. 161.54, specification standards developed by

18  nationally recognized code promulgation organizations to

19  determine compliance with s. 1606 and the engineering design

20  criteria of s. 1606 of the Florida Standard Building Code for

21  wind load design shall not apply to one or two family

22  dwellings which are two stories or less in height unless

23  approved by the board of Building Codes and Standards for use

24  or unless expressly made subject to said standards and

25  criteria by local ordinance adopted in accordance with the

26  provisions of subsection (4).

27         (11)  The Florida Building Code does not apply to, and

28  no code enforcement action shall be brought with respect to,

29  zoning requirements, land use requirements, and owner

30  specifications or programmatic requirements which do not

31  pertain to and govern the design, construction, erection,

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  1  alteration, modification, repair, or demolition of public or

  2  private buildings, structures, or facilities or to

  3  programmatic requirements that do not pertain to enforcement

  4  of the Florida Building Code.  Additionally, a local code

  5  enforcement agency may not administer or enforce the Florida

  6  Building Code to prevent the siting of any publicly owned

  7  facility, including, but not limited to, correctional

  8  facilities; juvenile justice facilities; state universities;

  9  community colleges; or public education facilities, as

10  provided by law.

11         (12)  In addition to the requirements set forth in ss.

12  553.79 and 553.80, facilities subject to the provisions of

13  chapter 395 and part II of chapter 400 shall have facility

14  plans reviewed and construction surveyed by the state agency

15  authorized to do so under the requirements of chapter 395 and

16  part II of chapter 400 and the certification requirements of

17  the Federal Government.

18         Section 42.  Section 553.74, Florida Statutes, is

19  amended to read:

20         553.74  Florida Building Commission State Board of

21  Building Codes and Standards.--

22         (1)  The Florida Building Commission There is created

23  and shall be located within the Department of Community

24  Affairs for administrative purposes the Board of Building

25  Codes and Standards. Members shall be appointed by the

26  Governor subject to confirmation by the Senate.  The

27  commission board shall be composed of 21 17 members,

28  consisting of the following:

29         (a)  One architect registered to practice in this state

30  and actively engaged in the profession.

31

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  1         (b)  One structural engineer registered to practice in

  2  this state and actively engaged in the profession.

  3         (c)  One mechanical contractor certified to do business

  4  in this state and actively engaged in the profession.

  5         (d)  One electrical contractor certified to do business

  6  in this state and actively engaged in the profession.

  7         (e)  One member from fire protection engineering or

  8  technology who is actively engaged in the profession.

  9         (f)  One general contractor certified to do business in

10  this state and actively engaged in the profession.

11         (g)  One plumbing contractor licensed to do business in

12  this state and actively engaged in the profession.

13         (h)  One roofing, sheet metal, or air-conditioning

14  contractor certified to do business in this state and actively

15  engaged in the profession.

16         (i)  One residential contractor licensed to do business

17  in this state and actively engaged in the profession.

18         (j)  Two Three members who are municipal or district

19  codes enforcement officials, one of whom is also a fire

20  official.

21         (k)  One member who represents the Department of

22  Insurance a state agency, other than the Department of

23  Community Affairs, empowered by law to enforce building codes.

24         (l)  One member who is a county codes enforcement

25  official.

26         (m)  One member of a Florida-based organization of

27  handicapped persons with disabilities or a nationally

28  chartered organization of handicapped persons with

29  disabilities with chapters in this state.

30

31

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  1         (n)  One member of the manufactured buildings industry

  2  who is licensed to do business in this state and is actively

  3  engaged in the industry.

  4         (o)  One mechanical or electrical engineer registered

  5  to practice in this state and actively engaged in the

  6  profession.

  7         (p)  One member who is a representative of a

  8  municipality or a charter county.

  9         (q)  One member of the building products manufacturing

10  industry who is authorized to do business in this state and is

11  actively engaged in the industry.

12         (r)  One member who is a representative of the building

13  owners and managers industry who is actively engaged in

14  commercial building ownership or management.

15         (s)  One member who is a representative of the

16  insurance industry.

17         (t)  One member who shall be the chair.

18         (2)  The first five board members appointed after

19  October 1, 1991, shall serve for terms of 3 years each.

20  Thereafter, All appointments shall be for terms of 4 years,

21  except that of the chair who shall shall serve at the pleasure

22  of the Governor. Each person who is a member of the Board of

23  Building Codes and Standards on the effective date of this act

24  shall serve the remainder of their term as a member of the

25  Florida Building Commission.  Except for the chair, newly

26  created positions on the Florida Building Commission shall be

27  appointed after February 1, 1999. A vacancy shall be filled

28  for the remainder of the unexpired term. Neither the architect

29  nor any of the above-named engineers shall be engaged in the

30  manufacture, promotion, or sale of any building materials; and

31  Any member who shall, during his or her term, cease to meet

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  1  the qualifications for original appointment, through ceasing

  2  to be a practicing member of the profession indicated or

  3  otherwise, shall thereby forfeit membership on the commission

  4  board.

  5         Section 43.  Section 553.75, Florida Statutes, is

  6  amended to read:

  7         553.75  Organization of commission board; rules and

  8  regulations; meetings; staff; fiscal affairs.--

  9         (1)  Within 30 days after its appointment, The

10  commission board shall meet on call of the secretary.  The

11  commission board shall at this time, and thereafter annually,

12  elect from its appointive members a chair and such officers as

13  it may choose.

14         (2)  The commission board shall meet at the call of its

15  chair, at the request of a majority of its membership, at the

16  request of the department, or at such times as may be

17  prescribed by its rules. The members shall be notified in

18  writing of the time and place of a regular or special meeting

19  at least 7 days in advance of the meeting.  A majority of

20  members of the commission board shall constitute a quorum.

21         (3)  The department shall be responsible for the

22  provision of administrative and staff support services

23  relating to the functions of the commission board.  With

24  respect to matters within the jurisdiction of the commission

25  board, the department shall be responsible for the

26  implementation and faithful discharge of all decisions of the

27  commission board made pursuant to its authority under the

28  provisions of this part.

29         Section 44.  Section 553.76, Florida Statutes, is

30  amended to read:

31

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  1         553.76  General powers of the commission board.--The

  2  commission board is authorized to:

  3         (1)  Promulgate, in cooperation with the department,

  4  rules and regulations for the administration of this part,

  5  pursuant to chapter 120.

  6         (2)  Provide rules of procedure for its internal

  7  management and control.

  8         (3)  Enter into contracts and do such things as may be

  9  necessary and incidental to the discharge of its

10  responsibilities under this part.

11         Section 45.  Effective January 1, 2001, subsections (4)

12  and (5) are added to section 553.76, Florida Statutes, as

13  amended by this act, to read:

14         553.76  General powers of the commission.--The

15  commission is authorized to:

16         (4)  Adopt rules pursuant to ss. 120.5361(1) and 120.54

17  to implement the provisions of the Florida Building Code and

18  the provisions of this chapter.

19         (5)  Adopt and promote, in consultation with state and

20  local governments, other boards, advisory councils, and

21  commissions, such recommendations as are deemed appropriate to

22  determine and ensure consistent, effective, and efficient

23  enforcement and compliance with the Florida Building Code.

24  Recommendations shall include, but are not limited to,

25  provisions for coordination among and between local offices

26  with review responsibilities and their coordination with state

27  or regional offices with special expertise.

28         Section 46.  Section 553.77, Florida Statutes, is

29  amended to read:

30         553.77  Specific powers of the commission board.--

31         (1)  The commission board shall:

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  1         (a)  Adopt rules and regulations or amendments thereto

  2  pursuant to ss. 120.536(1) and 120.54. in accordance with the

  3  procedures prescribed in chapter 120.

  4         (b)  Make a continual study of the operation of the

  5  State Minimum Building Codes and other laws relating to the

  6  construction of buildings, including manufactured buildings,

  7  to ascertain their effect upon the cost of building

  8  construction and determine the effectiveness of their

  9  provisions.

10         (c)  Upon written application by a private party or a

11  local enforcement agency, issue advisory opinions relating to

12  new technologies, techniques, and materials which have been

13  tested where necessary and found to meet the objectives of the

14  State Minimum Building Codes and the Florida Manufactured

15  Building Act of 1979.

16         (d)  Upon written application by a private party or a

17  local enforcement agency, issue advisory opinions relating to

18  the interpretation, enforcement, administration, or

19  modification by local governments of the State Minimum

20  Building Codes and the Florida Manufactured Building Act of

21  1979.

22         (e)  Make recommendations to, and provide assistance

23  upon the request of, the Florida Commission on Human Relations

24  regarding rules relating to handicapped accessibility.

25         (f)  Coordinate and cooperate with the Florida Fire

26  Code Advisory Council created under s. 633.72, for assistance

27  and recommendations relating to firesafety code

28  interpretations.

29         (2)  Upon written application by a private party or a

30  local enforcement agency, the commission board may also:

31

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  1         (a)  Provide for the testing of materials, devices, and

  2  method of construction.

  3         (b)  Appoint experts, consultants, technical advisers,

  4  and advisory committees for assistance and recommendations

  5  relating to the State Minimum Building Codes.

  6         (c)  Appoint an advisory committee consisting of at

  7  least five plumbing contractors licensed to do business in

  8  this state for assistance and recommendations relating to

  9  plumbing code interpretations, if the commission board

10  identifies the need for additional assistance in making

11  decisions regarding the State Plumbing Code.

12         (3)  With respect to the qualification program for

13  special inspectors of threshold buildings as required by s.

14  553.79(5)(c), the commission board may prescribe initial and

15  annual renewal fees for certification, by rule, in accordance

16  with chapter 120.

17         (4)(a)  Upon written application by a private party,

18  the commission board shall issue a binding opinion relating to

19  a state agency's interpretation and enforcement of the

20  specific model code adopted by the agency to regulate building

21  construction or relating to the conformity of new

22  technologies, techniques, and materials to the objectives of

23  that model code.  The provisions of this paragraph shall not

24  be construed to provide any powers to the commission board

25  with respect to any decision of the State Board of Education

26  made pursuant to the provisions of s. 235.26, to the State

27  Fire Marshal made pursuant to the provisions of chapter 633,

28  to the Department of Management Services made pursuant to the

29  provisions of s. 255.25, or to any local government decision

30  with respect to construction not subject to a state agency

31  model code.

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  1         (b)  Upon written applications by private parties or

  2  the enforcement agency, the commission board may issue binding

  3  opinions relating to the interpretation of ss. 553.71(7) and

  4  553.79(5)(a) and (c), (6)(a), (b), (d), and (e), and (7)(a)

  5  and (c).

  6         (c)  Each opinion issued pursuant to this section shall

  7  be rendered in the same manner provided in s. 120.565,

  8  relating to declaratory statements.

  9         (5)  The commission board may designate a commission

10  board member with demonstrated expertise in interpreting

11  building plans to attend each meeting of the advisory council

12  created in s. 553.512.  The commission board member may vary

13  from meeting to meeting, shall serve on the council in a

14  nonvoting capacity, and shall receive per diem and expenses as

15  provided in s. 553.74(3).

16         Section 47.  Effective January 1, 2001, section 553.77,

17  Florida Statutes, as amended by this act, is amended to read:

18         553.77  Specific powers of the commission.--

19         (1)  The commission shall:

20         (a)  Adopt and update the Florida Building Code rules

21  and regulations or amendments thereto pursuant to ss.

22  120.536(1) and 120.54. in accordance with the procedures

23  prescribed in chapter 120.

24         (b)  Make a continual study of the operation of the

25  Florida State Minimum Building Code Codes and other laws

26  relating to the design, construction, erection, alteration,

27  modification, repair, or demolition of public or private of

28  buildings, structures, and facilities, including manufactured

29  buildings, and code enforcement, to ascertain their effect

30  upon the cost of building construction and determine the

31  effectiveness of their provisions. Upon updating the Florida

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  1  Building Code every 3 years, the commission shall review

  2  existing provisions of law and make recommendations to the

  3  Legislature for the next regular session of the Legislature

  4  regarding provisions of law that should be revised or repealed

  5  to ensure consistency with the Florida Building Code at the

  6  point the update goes into effect. Any proposed legislation

  7  providing for the revision or repeal of existing laws and

  8  rules relating to technical requirements applicable to

  9  building structures or facilities should expressly state that

10  such legislation is not intended to imply any repeal or sunset

11  of existing general or special laws that are not specifically

12  identified in the legislation.

13         (c)  Upon written application by any substantially

14  affected a private party or a local enforcement agency, issue

15  advisory opinions relating to new technologies, techniques,

16  and materials which have been tested where necessary and found

17  to meet the objectives of the Florida State Minimum Building

18  Code Codes and the Florida Manufactured Building Act of 1979.

19         (d)  Upon written application by any substantially

20  affected a private party or a local enforcement agency, issue

21  advisory opinions relating to the interpretation, enforcement,

22  administration, or modification by local governments of the

23  Florida State Minimum Building Code Codes and the Florida

24  Manufactured Building Act of 1979.

25         (e)  When requested in writing by any substantially

26  affected party or a local enforcing agency, shall issue

27  binding interpretations of part VII of chapter 553, which

28  shall apply prospectively only.  The binding interpretations

29  of the commission shall be subject to the processes as set

30  forth in s. 120.57, except that the administrative law judge's

31  order shall be final agency action.

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  1         (f)(e)  Make recommendations to, and provide assistance

  2  upon the request of, the Florida Commission on Human Relations

  3  regarding rules relating to handicapped accessibility for

  4  persons with disabilities.

  5         (g)(f)  Participate Coordinate and cooperate with the

  6  Florida Fire Code Advisory Council created under s. 633.72, to

  7  provide for assistance and recommendations relating to

  8  firesafety code interpretations. The administrative staff of

  9  the commission shall attend meetings of the Florida Fire Code

10  Advisory Council and coordinate efforts to provide consistency

11  between the Florida Building Code and the Florida Fire

12  Prevention Code and the Life Safety Code.

13         (h)  Hear appeals of the decisions of local boards of

14  appeal regarding interpretation decisions of local building

15  officials, or if no local board exists, hear appeals of

16  decisions of the building officials regarding interpretations

17  of the code.  For such appeals:

18         1. Local decisions declaring structures to be unsafe

19  and subject to repair or demolition shall not be appealable to

20  the commission if the local governing body finds there is an

21  immediate danger to the health and safety of its citizens.

22         2. All appeals shall be heard in the county of the

23  jurisdiction defending the appeal.

24         3. Actions of the commission are subject to ss. 120.569

25  and 120.57, except an order of an administrative law judge

26  shall be final agency action.

27         (2)  Upon written application by a private party or a

28  local enforcement agency, the commission may also:

29         (i)(a)  Determine the types of products requiring

30  approval for local or statewide use and shall provide for the

31  evaluation and approval testing of such products, materials,

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  1  devices, and method of construction for statewide use.

  2  Evaluation and approval shall be by action of the commission

  3  or delegated pursuant to s. 553.84. This paragraph does not

  4  apply to products approved by the State Fire Marshal.

  5         (j)(b)  Appoint experts, consultants, technical

  6  advisers, and advisory committees for assistance and

  7  recommendations relating to the major areas addressed in the

  8  Florida State Minimum Building Code Codes.

  9         (k)  Establish and maintain a mutual aid program,

10  organized through the department, to provide an efficient

11  supply of various levels of code enforcement personnel, design

12  professionals, commercial property owners, and construction

13  industry individuals, to assist in the rebuilding effort in an

14  area which has been hit with disaster.  The program shall

15  include provisions for:

16         1.  Minimum post-disaster structural, electrical, and

17  plumbing inspections and procedures.

18         2.  Emergency permitting and inspection procedures.

19         3.  Establishing contact with emergency management

20  personnel and other state and federal agencies.

21         (l)  Maintain a list of interested parties for noticing

22  rulemaking workshops and hearings, disseminating information

23  on code adoption, revisions, amendments, and all other such

24  actions which are the responsibility of the commission.

25         (m)  Coordinate with the state and local governments,

26  industry, and other affected stakeholders in the examination

27  of legislative provisions and make recommendations to fulfill

28  the responsibility to develop a consistent, single code.

29         (n)  Provide technical assistance to local building

30  departments in order to implement policies, procedures, and

31

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  1  practices which would produce the most cost effective property

  2  insurance ratings.

  3         (o)  Develop recommendations for local governments to

  4  use when pursuing partial or full privatization of building

  5  department functions. The recommendations and qualifications

  6  shall include, but are not limited to, provisions relating to

  7  equivalency of service, conflict of interest, requirements for

  8  competency, liability, insurance, and long-term

  9  accountability.

10         (c)  Appoint an advisory committee consisting of at

11  least five plumbing contractors licensed to do business in

12  this state for assistance and recommendations relating to

13  plumbing code interpretations, if the commission identifies

14  the need for additional assistance in making decisions

15  regarding the State Plumbing Code.

16         (2)(3)  With respect to the qualification program for

17  special inspectors of threshold buildings as required by s.

18  553.79(5)(c), the commission may prescribe initial and annual

19  renewal fees for certification, by rule, in accordance with

20  chapter 120.

21         (3)(4)(a)  Upon written application by any

22  substantially affected a private party, the commission shall

23  issue a binding opinion relating to a state agency's

24  interpretation and enforcement of the specific provisions of

25  the Florida Building model Code required under this section

26  adopted by the agency to regulate building construction or

27  relating to the conformity of new technologies, techniques,

28  and materials to the objectives of the Florida Building that

29  model Code.  The provisions of this paragraph shall not be

30  construed to provide any powers, other than advisory, to the

31  commission with respect to any decision of the State Board of

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  1  Education made pursuant to the provisions of s. 235.26, to the

  2  State Fire Marshal made pursuant to the provisions of chapter

  3  633, to the Department of Management Services made pursuant to

  4  the provisions of s. 255.25, or to any local government

  5  decision with respect to construction not subject to a state

  6  agency model code.

  7         (b)  Upon written applications by private parties or

  8  the enforcement agency, the commission may issue binding

  9  opinions relating to the interpretation of ss. 553.71(7) and

10  553.79(5)(a) and (c), (6)(a), (b), (d), and (e), and (7)(a)

11  and (c).

12         (b)(c)  Each opinion issued pursuant to this section

13  shall be rendered in the same manner provided in s. 120.565,

14  relating to declaratory statements.

15         (4)(5)  The commission may designate a commission

16  member with demonstrated expertise in interpreting building

17  plans to attend each meeting of the advisory council created

18  in s. 553.512.  The commission member may vary from meeting to

19  meeting, shall serve on the council in a nonvoting capacity,

20  and shall receive per diem and expenses as provided in s.

21  553.74(3).

22         (5)  For educational and public information purposes,

23  the commission shall develop and publish an explanatory

24  document which contains descriptions of the roles and

25  responsibilities of the licensed design professional,

26  residential designer, contractor, and local building and fire

27  code officials. The State Fire Marshal shall be responsible

28  for developing and specifying roles and responsibilities for

29  fire code officials. Such document may also contain

30  descriptions of roles and responsibilities of other

31  participants involved in the building codes system.

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  1         (6)  The commission may provide for plans review and

  2  approval of prototype buildings owned by public entities to be

  3  replicated throughout the state.  Such approved plans or

  4  prototype buildings shall be exempt from further review

  5  required by s. 553.79(2) or any local amendment to any part of

  6  the Florida Building Code.  Construction or erection of such

  7  prototype buildings are subject to local permitting and

  8  inspections pursuant to this part.

  9         Section 48.  Effective January 1, 2001, section

10  553.781, Florida Statutes, is created to read:

11         553.781  Licensee accountability.--

12         (1)  The Legislature finds that accountability for work

13  performed by design professionals and contractors is the key

14  to strong and consistent compliance with the Florida Building

15  Code and, therefore, protection of the public health, safety,

16  and welfare. The purpose of this section is to provide such

17  accountability.

18         (2)(a)  Notwithstanding the provisions of ss. 455.227,

19  471.033, 481.225, 481.2251, 481.325, 489.129, or 489.531, upon

20  a final determination by a local jurisdiction, based on clear

21  and convincing evidence, that a licensee, certificateholder,

22  or registrant has committed a material violation of the

23  Florida Building Code and failed to correct such violation

24  within a reasonable time, such local jurisdiction shall impose

25  a fine of no less than $500 and no more than $5,000 per

26  material violation of the Florida Building Code and, in the

27  case of a licensee under chapter 455, a registrant under

28  chapter 471 or chapter 481, or a certificateholder or

29  registrant under chapter 489, shall recommend remedial

30  education or training, probation, or suspension or revocation

31  of the license, certificate, or registration to the

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  1  appropriate licensing authority having jurisdiction over the

  2  license, certificate, or registration or the licensee,

  3  certificateholder, or registrant. Unless appealed pursuant to

  4  s. 553.77, failure to comply with the order of the local

  5  jurisdiction within 45 days shall result in suspension of

  6  licensure until compliance.

  7         (b)  For purposes of a registrant under chapter 489,

  8  the licensing authority shall report to the respective state

  9  licensing board the material violation and any subsequent

10  action taken by the licensing authority within 30 days after

11  taking such action.

12         (3)  The recommendation shall be made after completion

13  of any appeal pursuant to s. 553.77 and shall contain findings

14  of fact, conclusions of law, and the recommended penalty.

15  After a recommendation by a local jurisdiction for remedial

16  education and training, probation, or suspension or revocation

17  of a certificate or registration has been served on the

18  certificateholder or registrant and the certificateholder or

19  registrant has not challenged such recommendation within 45

20  days after such service, the recommendation shall become a

21  final action of the licensing authority. If the recommendation

22  is challenged in a timely manner, the licensing authority

23  shall determine the appropriate level of discipline.

24         (4)  The Department of Business and Professional

25  Regulation, as an integral part of the automated information

26  system provided under s. 455.2286, shall establish, and local

27  jurisdictions and state licensing boards shall participate in,

28  a system of reporting violations and disciplinary actions

29  taken against all certificateholders and registrants under

30  this section that have been disciplined for a violation of the

31  Florida Building Code.  Such information shall be available

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  1  electronically. Any fines collected by a local jurisdiction

  2  pursuant to subsection (2) shall be used initially to help set

  3  up the parts of the reporting system for which such local

  4  jurisdiction is responsible.  Any remaining moneys shall be

  5  used solely for enforcing the Florida Building Code, licensing

  6  activities relating to the Florida Building Code, or education

  7  and training on the Florida Building Code.

  8         (5)  Local jurisdictions shall maintain records,

  9  readily accessible by the public, regarding material

10  violations and shall report such violations to the Department

11  of Business and Professional Regulation by means of the

12  reporting system provided in s. 455.2286.

13

14  For purposes of this section, a material code violation is a

15  violation which may reasonably result in physical harm to a

16  person or significant damage to a building or its systems. The

17  determination of the existence of any material violation and

18  specific corrective action shall be subject only to the

19  appellate process provided in s. 553.77 and shall not be

20  subject any other appeals or determinations. This provision

21  shall not preclude the appropriate licensing authorities from

22  administering discipline related to negligence or

23  incompetence.

24         Section 49.  Paragraph (c) of subsection (5) and

25  subsection (15) of section 553.79, Florida Statutes, are

26  amended to read:

27         553.79  Permits; applications; issuance; inspections.--

28         (5)

29         (c)  The commission board shall, by rule, establish a

30  qualification program for special inspectors and shall compile

31  a list of persons qualified to be special inspectors.  Special

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  1  inspectors shall not be required to meet standards for

  2  qualification other than those established by the commission

  3  board, nor shall the fee owner of a threshold building be

  4  prohibited from selecting any person qualified by the

  5  commission board to be a special inspector.  The architect or

  6  engineer of record may act as the special inspector provided

  7  she or he is on the list of persons qualified to be special

  8  inspectors.  School boards may utilize employees as special

  9  inspectors provided such employees are on the list of persons

10  qualified to be special inspectors.

11         (15)  Certifications by contractors authorized under

12  the provisions of s. 489.115(4)(b) shall be considered

13  equivalent to sealed plans and specifications by a person

14  licensed under chapter 471 or chapter 481 by local enforcement

15  agencies for plans review for permitting purposes relating to

16  compliance with the wind resistance provisions of the code or

17  alternate methodologies approved by the commission board for

18  one and two family dwellings. Local enforcement agencies may

19  rely upon such certification by contractors that the plans and

20  specifications submitted conform to the requirements of the

21  code for wind resistance. Upon good cause shown, local

22  government code enforcement agencies may accept or reject

23  plans sealed by persons licensed under chapter 471, chapter

24  481, or chapter 489.

25         Section 50.  Effective January 1, 2001, subsections

26  (1), (2), (3), (4), (6), (9), (10), and (14) of section

27  553.79, Florida Statutes, are amended, and subsection (17) is

28  added to that section, to read:

29         553.79  Permits; applications; issuance; inspections.--

30         (1)  After the effective date of the Florida State

31  Minimum Building Code Codes adopted as herein provided, it

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  1  shall be unlawful for any person, firm, or corporation, or

  2  governmental entity to construct, erect, alter, modify,

  3  repair, or demolish any building within this state without

  4  first obtaining a permit therefor from the appropriate

  5  enforcing agency or from such persons as may, by appropriate

  6  resolution or regulation of the authorized state or local

  7  enforcing agency, be delegated authority to issue such

  8  permits, upon the payment of such reasonable fees adopted by

  9  the enforcing agency.  The enforcing agency is empowered to

10  revoke any such permit upon a determination by the agency that

11  the construction, erection, alteration, modification, repair,

12  or demolition of the building for which the permit was issued

13  is in violation of, or not in conformity with, the provisions

14  of the Florida State Minimum Building Code Codes.

15  Installation, replacement, removal, or metering of any load

16  management control device is exempt from and shall not be

17  subject to the permit process and fees otherwise required by

18  this section.

19         (2)  After January 1, 1988, No enforcing agency may

20  issue any permit for construction, erection, alteration,

21  modification, repair, or demolition until the local building

22  code administrator or inspector, in conjunction with the

23  appropriate firesafety inspector, has reviewed the plans and

24  specifications for such proposal and both officials have found

25  the plans to be in compliance with the Florida applicable

26  State Minimum Building Code Codes and the Florida Fire

27  Prevention Code and the Life Safety Code applicable firesafety

28  standards as determined by the local authority in accordance

29  with this chapter and chapter 633. Building plans approved

30  pursuant to s. 553.77(6) and state-approved manufactured

31  buildings are exempt from local codes enforcing agency plan

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  1  reviews except for provisions of the code relating to

  2  erection, assembly, or construction at the site.  Erection,

  3  assembly, and construction at the site are subject to local

  4  permitting and inspections. Any building or structure which is

  5  not subject to a firesafety code and any building or structure

  6  which is exempt from the local building permit process shall

  7  not be required to have its plans reviewed by the local

  8  officials.  Industrial construction on sites where design,

  9  construction, and firesafety are supervised by appropriate

10  design and inspection professionals and which contain adequate

11  in-house fire departments and rescue squads is exempt, subject

12  to local government option, from review of plans and

13  inspections, providing owners certify that applicable codes

14  and standards have been met and supply appropriate approved

15  drawings to local building and firesafety inspectors.  The

16  enforcing agency shall issue a permit to construct, erect,

17  alter, modify, repair, or demolish any building when the plans

18  and specifications for such proposal comply with the

19  provisions of the Florida State Minimum Building Code Codes

20  and the Florida Fire Prevention Code and the Life Safety Code

21  applicable firesafety standards as determined by the local

22  authority in accordance with this chapter and chapter 633.

23         (3)  Except as provided in this chapter, the Florida

24  State Minimum Building Code Codes, after the effective date of

25  their adoption pursuant to the provisions of this part, shall

26  supersede all other building construction codes or ordinances

27  in the state, whether at the local or state level and whether

28  adopted by administrative regulation or by legislative

29  enactment, unless such building construction codes or

30  ordinances are more stringent than the State Minimum Building

31  Codes and the conditions of s. 553.73(4) are met.  However,

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  1  this subsection does not apply to the manufacture of mobile

  2  homes as defined by federal law chapter 320.  Nothing

  3  contained in this subsection shall be construed as nullifying

  4  or divesting appropriate state or local agencies of authority

  5  to make inspections or to enforce the codes within their

  6  respective areas of jurisdiction.

  7         (4)  The Florida State Minimum Building Code Codes,

  8  after the effective date of their adoption pursuant to the

  9  provisions of this part, may be modified by local governments

10  to require more stringent standards than those specified in

11  the Florida State Minimum Building Code Codes, provided the

12  conditions of s. 553.73(4) are met.

13         (6)  No permit may be issued for any building

14  construction, erection, alteration, modification, repair, or

15  addition unless the applicant for such permit provides to the

16  enforcing agency which issues the permit any of the following

17  documents which apply to the construction for which the permit

18  is to be issued:

19         (a)  Electrical documents for any new building or

20  addition which requires an aggregate service capacity of 600

21  amperes (240 volts) or more on a residential electrical system

22  or 800 amperes (240 volts) or more on a commercial or

23  industrial electrical system and which costs more than

24  $50,000.

25         (b)  Plumbing documents for any new building or

26  addition which requires a plumbing system with more than 250

27  fixture units or which costs more than $50,000.

28         (c)  Fire sprinkler documents for any new building or

29  addition which includes a fire sprinkler system which contains

30  50 or more sprinkler heads.  A Contractor I, Contractor II, or

31  Contractor IV, certified under s. 633.521, may design a fire

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  1  sprinkler system of 49 or fewer heads and may design the

  2  alteration of an existing fire sprinkler system if the

  3  alteration consists of the relocation, addition, or deletion

  4  of not more than 49 heads, notwithstanding the size of the

  5  existing fire sprinkler system.

  6         (d)  Heating, ventilation, and air-conditioning

  7  documents for any new building or addition which requires more

  8  than a 15-ton-per-system capacity which is designed to

  9  accommodate 100 or more persons or for which the system costs

10  more than $50,000.  This paragraph does not include any

11  document for the replacement or repair of an existing system

12  in which the work does not require altering a structural part

13  of the building or for work on a residential one-family,

14  two-family, three-family, or four-family structure.

15         (e)  Any specialized mechanical, electrical, or

16  plumbing document for any new building or addition which

17  includes a medical gas, oxygen, steam, vacuum, toxic air

18  filtration, halon, or fire detection and alarm system which

19  costs more than $5,000.

20

21  Documents requiring an engineer seal by this part No such

22  document shall not be valid unless a professional engineer who

23  possesses a valid certificate of registration has signed,

24  dated, and stamped such document as provided in s. 471.025.

25         (9)  Any state agency with building construction

26  responsibility may enter into an agreement with any other unit

27  of government to delegate its responsibility to enforce the

28  delegate's building code governing the construction, erection,

29  alteration, repair, or demolition of any state building and is

30  authorized to expend public funds for permit and inspection

31

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  1  fees, which fees may be no greater than the fees charged

  2  others.

  3         (10)  An enforcing authority may not issue a building

  4  permit for any building construction, erection, alteration,

  5  modification, repair, or addition unless the permit either

  6  includes on its face or there is attached to the permit the

  7  following statement: "NOTICE: In addition to the requirements

  8  of this permit, there may be additional restrictions

  9  applicable to this property that may be found in the public

10  records of this county, and there may be additional permits

11  required from other governmental entities such as water

12  management districts, state agencies, or federal agencies."

13         (14)  A building permit for a single-family residential

14  dwelling must be issued within 30 working days of application

15  therefor unless unusual circumstances require a longer time

16  for processing the application or unless the permit

17  application fails to satisfy the Florida Building Code or the

18  enforcing agency's laws or, ordinances, or codes.

19         (17)  Notwithstanding any other provision of law, state

20  agencies responsible for the construction, erection,

21  alteration, modification, repair, or demolition of public

22  buildings or the regulation of public and private buildings,

23  structures, and facilities shall be subject to enforcement of

24  the Florida Building Code by local jurisdictions. This

25  subsection applies in addition to the jurisdiction and

26  authority of the Department of Insurance to inspect

27  state-owned buildings. This subsection does not apply to the

28  jurisdiction and authority of the Department of Agriculture

29  and Consumer Services to inspect amusement rides or the

30  Department of Insurance to inspect state owned buildings and

31  boilers.

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  1         Section 51.  Subsection (1) of section 553.80, Florida

  2  Statutes, is amended to read:

  3         553.80  Enforcement.--

  4         (1)  It shall be the responsibility of each local

  5  government, each legally constituted enforcement district, and

  6  each state agency with statutory authority to regulate

  7  building construction to enforce the building code adopted by

  8  such body in accordance with s. 553.73, unless such

  9  responsibility has been delegated to another unit of

10  government pursuant to s. 553.79(9). The governing bodies of

11  local governments may provide a schedule of fees for the

12  enforcement of the provisions of this part.  Such fees shall

13  be used solely for carrying out the local government's

14  responsibilities in enforcing the code. The authority of state

15  enforcing agencies to set fees for enforcement shall be

16  derived from authority existing on the effective date of this

17  act. However, nothing contained in this subsection shall

18  operate to limit such agencies from adjusting their fee

19  schedule in conformance with existing authority.

20         Section 52.  Effective January 1, 2001, section 553.80,

21  Florida Statutes, as amended by this act, is amended to read:

22         553.80  Enforcement.--

23         (1)  It shall be the responsibility of each local

24  government and, each legally constituted enforcement district,

25  and each state agency with statutory authority to regulate

26  building construction to enforce the Florida Building Code

27  required by this part on all public or private buildings,

28  structures, and facilities adopted by such body in accordance

29  with s. 553.73, unless such responsibility has been delegated

30  to another unit of government pursuant to s. 553.79(9). The

31  governing bodies of local governments may provide a schedule

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  1  of fees, as authorized by s. 125.56(2) or s. 166.222 and this

  2  section, for the enforcement of the provisions of this part.

  3  Such fees shall be used solely for carrying out the

  4  responsibilities of enforcing the Florida Building Code. If a

  5  local government finds it necessary, in order to enforce

  6  compliance with the Florida Building Code, to conduct any

  7  inspection after an initial inspection and a subsequent

  8  reinspection of any project or activity and the local

  9  government imposes a fee for such inspections, the local

10  government shall impose a fee of up to four times the amount

11  of the fee imposed for the initial inspection or first

12  reinspection for each such subsequent reinspection. The

13  authority of state enforcing agencies to set fees for

14  enforcement shall be derived from authority existing on the

15  effective date of this act. However, nothing contained in this

16  subsection shall operate to limit such agencies from adjusting

17  their fee schedule in conformance with existing authority.

18         (2)  Except for charter counties, Any two or more

19  counties or municipalities, or any combination thereof, may,

20  in accordance with the provisions of chapter 163, governing

21  interlocal agreements, form an enforcement district for the

22  purpose of adopting, enforcing, and administering the

23  provisions of the Florida State Minimum Building Code Codes.

24  Each district so formed shall be registered with the

25  department on forms to be provided for that purpose. Nothing

26  in this subsection shall be construed to supersede provisions

27  of county charters which preempt municipal authorities

28  respective to building codes.

29         (3)  Each enforcement district shall be governed by a

30  board, the composition of which shall be determined by the

31  affected localities.  At its own option each enforcement

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  1  district or local enforcement agency may promulgate rules

  2  granting to the owner of a single-family residence one or more

  3  exemptions from the Florida State Minimum Building Code Codes

  4  relating to:

  5         (a)  Addition, alteration, or repairs performed by the

  6  property owner upon his or her own property, provided any

  7  addition or alteration shall not exceed 1,000 square feet or

  8  the square footage of the primary structure, whichever is

  9  less.

10         (b)  Addition, alteration, or repairs by a nonowner

11  within a specific cost limitation set by rule, provided the

12  total cost shall not exceed $5,000 within any 12-month period.

13         (c)  Building and inspection fees.

14

15  Each code exemption, as defined in paragraphs (a), (b), and

16  (c), shall be certified to the local board 10 days prior to

17  implementation and shall only be effective in the territorial

18  jurisdiction of the enforcement district or local enforcement

19  agency implementing it.

20         (4)  When an enforcement district has been formed as

21  provided herein, upon its registration with the department, it

22  shall have the same authority and responsibility with respect

23  to building codes as provided by this part for local governing

24  bodies.

25         (5)  State and regional agencies with special expertise

26  in building code standards and licensing of contractors and

27  design professionals shall provide support to local

28  governments upon request.

29         Section 53.  Section 553.841, Florida Statutes, is

30  created to read:

31

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  1         553.841  Building code training program; participant

  2  competency requirements.--

  3         (1)  The Legislature finds that the effectiveness of

  4  the building codes of this state depends on the performance of

  5  all participants, as demonstrated through knowledge of the

  6  codes and commitment to compliance with code directives and

  7  that to strengthen compliance by industry and enforcement by

  8  government, a Building Code Training Program is needed.

  9         (2)  The commission shall establish the Building Code

10  Training Program to develop and provide a core curriculum and

11  advance module courses relating to the Florida Building Code

12  and a system of administering and enforcing the Florida

13  Building Code.

14         (3)  The program shall be developed, implemented, and

15  administered by the commission in consultation with the

16  Department of Education, the Department of Community Affairs,

17  the Department of Business and Professional Regulation, the

18  State University System, and the Division of Community

19  Colleges.

20         (4)  The commission may enter into contracts with the

21  Department of Education, the State University System, the

22  Division of Community Colleges, model code organizations,

23  professional organizations, vocational-technical schools,

24  trade organizations, and private industry to administer the

25  program.

26         (5)  The program shall be affordable, accessible,

27  meaningful, financially self-sufficient and shall make maximum

28  use of existing sources, systems, institutions, and programs

29  available through private sources.

30         (6)  The commission, in coordination with the

31  Department of Community Affairs, the Department of Business

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  1  and Professional Regulation, the respective licensing boards,

  2  and the State Fire Marshal shall develop or cause to be

  3  developed:

  4         (a)  A core curriculum which is prerequisite to all

  5  specialized and advanced module course work.

  6         (b)  A set of specialized and advanced modules

  7  specifically designed for use by each profession.

  8         (7)  The core curriculum shall cover the information

  9  required to have all categories of participants appropriately

10  informed as to their technical and administrative

11  responsibilities in the effective execution of the code

12  process by all individuals currently licensed under part XII

13  of chapter 468 or chapters 471, 481, or 489, except as

14  otherwise provided in s. 471.017.  The core curriculum shall

15  be prerequisite to the advanced module course work for all

16  licensees and shall be completed by individuals licensed in

17  all categories under part XII of chapter 468 or chapters 471,

18  481, or 489 within the first 2-year period after establishment

19  of the program. Core course hours taken by licensees to

20  complete this requirement shall count toward fulfillment of

21  required continuing education units under part XII of chapter

22  468 or chapters 471, 481, or 489.

23         (8)  The commission, in consultation with the

24  Department of Business and Professional Regulation and the

25  respective licensing boards, shall develop or cause to be

26  developed an equivalency test for each category of licensee.

27  Such test may be taken in lieu of the core curriculum. A

28  passing score on the test shall be equivalent to completion of

29  the core curriculum and shall be credited toward the required

30  number of hours of continuing education.

31

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  1         (9)  The commission, in consultation with the

  2  Department of Business and Professional Regulation, shall

  3  develop or cause to be developed, or approve as a part of the

  4  program,  a core curriculum and specialized or advanced module

  5  course work for the construction workforce, including, but not

  6  limited to, superintendents, journeymen, and residential

  7  designers.

  8         (10)  The respective state boards under part XII of

  9  chapter 468, chapters 471, 481, and 489, and the State Fire

10  Marshal under chapter 633, shall require specialized or

11  advanced course modules as part of their regular continuing

12  education requirements.

13         Section 54.  (1)  The commission, in consultation with

14  the respective professional licensing boards within the

15  Department of Business and Professional Regulation, the

16  Department of Education, the Department of Labor and

17  Employment Security, the State University System, Community

18  Colleges, and the entity administering the Code Training

19  Program, shall develop a program and standards for providing

20  entry level construction workers:

21         (a)  Long-term training intended to produce crafts

22  people who are competent to perform all tasks associated with

23  a specific trade.

24         (b)  Short-term intensive training intended to teach

25  specific skills within a trade.

26         (c)  Brief in-service training intended to inform

27  workers regarding new code requirements, construction

28  techniques, and materials.

29         (2)  The commission, in consultation with the

30  respective licensing boards within the Department of Business

31  and Professional Regulation, the Department of Education, the

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  1  State University System, the Division of Community Colleges,

  2  and the Department of Labor and Employment Security, shall

  3  develop a proposed method of implementing the training

  4  programs in subsection (1) that is a combination of:

  5         (a)  Mandatory licensing which enforces initial

  6  qualification requirements and continuing education

  7  requirements.

  8         (b)  Mandatory training which establishes and enforces

  9  training standards.

10         (c)  Voluntary training not enforced by a government

11  agency.

12         (3)  The commission shall present the implementation

13  proposal to the Legislature in a report no later than January

14  31, 2000.

15         Section 55.  Section 553.842, Florida Statutes, is

16  created to read:

17         553.842  Product evaluation and approval.--

18         (1)  The commission has authority to adopt rules

19  pursuant to ss. 120.536(1) and 120.54 to develop and implement

20  a product evaluation and approval system to operate in

21  coordination with the Florida Building Code. The product

22  evaluation and approval system shall provide:

23         (a)  Appropriate promotion of innovation and new

24  technologies.

25         (b)  Processing submittals of products from

26  manufacturers in a timely manner.

27         (c)  Independent, third-party qualified and accredited

28  testing and laboratory facilities.

29         (d)  An easily accessible product acceptance list to

30  entities subject to the Florida Building Code.

31

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  1         (e)  Development of stringent but reasonable testing

  2  criteria based upon existing consensus standards, when

  3  available, for products.

  4         (f)  Long-term approvals, where feasible.

  5         (g)  Recall or revocation of a product approval.

  6         (h)  Cost effectiveness.

  7         (2)  The product evaluation and approval system shall

  8  rely on regional, national, and international consensus

  9  standards, whenever adopted by the Florida Building Code, for

10  demonstrating compliance with code standards.  Other standards

11  which meet or exceed established state requirements shall also

12  be considered.

13         (3)  Products or methods or systems of construction

14  required to be approved and certified by an approved product

15  evaluation entity as complying with the standards specified by

16  the code shall be permitted to be used statewide, without

17  further evaluation or approval.

18         (4)  Products may be approved either by the commission

19  for statewide use, or by a local building department for use

20  in that department's jurisdiction only. Notwithstanding a

21  local government's authority to amend the Florida Building

22  Code as provided in this act, statewide approval shall

23  preclude local jurisdictions from requiring further testing,

24  evaluation, or submission of other evidence as a condition of

25  using the product so long as the product is being used

26  consistent with the conditions of its approval.

27         (5)  Statewide and local approval of products or

28  methods or systems of construction shall be achieved by:

29         (a)  Submittal and validation of a product evaluation

30  report from an approved product evaluation entity indicating

31  the product or method or system of construction was tested to

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  1  be in compliance with the Florida Building Code or with the

  2  intent of the Florida Building Code and the product or method

  3  or system of construction is, for the purpose intended, at

  4  least equivalent of that required by the Florida Building

  5  Code; or

  6         (b)  Submittal and validation of a product evaluation

  7  report or rational analysis which is signed and sealed by a

  8  professional engineer or architect, licensed in this state,

  9  who has no conflict of interest, as determined by national

10  guidelines, who certifies that the product or method or system

11  of construction is, for the purpose intended, at least

12  equivalent of that required by the Florida Building Code.  Any

13  product approved under this procedure shall be required to be

14  manufactured under a quality assurance program, certified by

15  an approved product evaluation entity.

16         (6)  A building official may deny the local application

17  of a product or method or system of construction which has

18  received statewide approval, based upon a written report

19  signed by the official that concludes the product application

20  is inconsistent with the statewide approval and that states

21  the reasons the application is inconsistent.  Such denial of

22  an application may be appealed to the commission pursuant to

23  s. 553.77.

24         (7)  Products, other than manufactured buildings, which

25  are custom fabricated or assembled shall not require separate

26  approval under this section provided the component parts have

27  been approved for the fabricated or assembled product's use

28  and the components meet the standards and requirements of the

29  Florida Building Code which applies to the products's intended

30  use.

31

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  1         (8)  A building official may appeal the required

  2  approval for local use of a product or method or system of

  3  construction to the commission.  The commission shall

  4  establish expedited procedures to handle such appeals.

  5         (9)  The decisions of local building officials shall be

  6  appealable to the local board of appeals, if such board

  7  exists, then to the commission. Decisions of the commission

  8  regarding statewide product approvals and appeals of local

  9  product approval shall be subject to appeal according to the

10  procedures set forth in s. 120.57, except the order of an

11  administrative law judge shall be final agency action.

12         (10)  The commission shall maintain a list of the

13  approved products and product evaluation entities and make

14  such list available in the most cost effective manner. The

15  commission shall establish reasonable timeframes associated

16  with the product approval process and availability of the

17  list.

18         (11)  The commission may establish reasonable and

19  appropriate fees for the review of rational analyses and

20  certification of manufactured buildings submitted pursuant to

21  this section and may enter into any contracts the commission

22  deems necessary in order to implement this section.

23         (12)  Products certified or approved for statewide or

24  local use by an approved product evaluation entity prior to

25  the effective date of this act shall be deemed to be approved

26  for use in this state pursuant to this section and to comply

27  with this section.

28

29  For purposes of this section, an approved product evaluation

30  entity is an entity that has been accredited by a nationally

31

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  1  recognized independent evaluation authority or entity

  2  otherwise approved by the commission.

  3         Section 56.  Effective January 1, 2001, paragraph (c)

  4  of subsection (2) of section 627.351, Florida Statutes, is

  5  amended to read:

  6         627.351  Insurance risk apportionment plans.--

  7         (2)  WINDSTORM INSURANCE RISK APPORTIONMENT.--

  8         (c)  The provisions of paragraph (b) are applicable

  9  only with respect to:

10         1.  Those areas that were eligible for coverage under

11  this subsection on April 9, 1993; or

12         2.  Any county or area as to which the department,

13  after public hearing, finds that the following criteria exist:

14         a.  Due to the lack of windstorm insurance coverage in

15  the county or area so affected, economic growth and

16  development is being deterred or otherwise stifled in such

17  county or area, mortgages are in default, and financial

18  institutions are unable to make loans;

19         b.  The county or area so affected has adopted and is

20  enforcing the structural requirements of the Florida State

21  Minimum Building Code Codes, as defined in s. 553.73, for new

22  construction and has included adequate minimum floor elevation

23  requirements for structures in areas subject to inundation;

24  and

25         c.  Extending windstorm insurance coverage to such

26  county or area is consistent with and will implement and

27  further the policies and objectives set forth in applicable

28  state laws, rules, and regulations governing coastal

29  management, coastal construction, comprehensive planning,

30  beach and shore preservation, barrier island preservation,

31

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  1  coastal zone protection, and the Coastal Zone Protection Act

  2  of 1985.

  3

  4  The department shall consider reports of the Florida Building

  5  Commission when evaluating building code enforcement. Any time

  6  after the department has determined that the criteria referred

  7  to in this subparagraph do not exist with respect to any

  8  county or area of the state, it may, after a subsequent public

  9  hearing, declare that such county or area is no longer

10  eligible for windstorm coverage through the plan.

11         Section 57.  Effective January 1, 2001, subsection (1)

12  of section 633.01, Florida Statutes, is amended, and

13  subsections (7) and (8) are added to that section, to read:

14         633.01  State Fire Marshal; powers and duties; rules.--

15         (1)  The head of the Department of Insurance shall be

16  designated as "State Fire Marshal."  The State Fire Marshal

17  shall make and promulgate all rules necessary to implement the

18  provisions of this chapter which grant powers and impose

19  duties on the State Fire Marshal and to effectuate the

20  enforcement of such powers and duties.  However, The

21  department shall not adopt the Florida Fire Prevention Code

22  and the Life Safety Code minimum firesafety standards, except

23  to the extent required by s. 394.879.

24         (7)  It is the intent of the Legislature that there are

25  to be no conflicting requirements between the Florida Fire

26  Prevention Code and the Life Safety Code authorized by this

27  chapter and the provisions of the Florida Building Code or

28  conflicts in their enforcement and interpretation.  Potential

29  conflicts shall be resolved through coordination and

30  cooperation of the State Fire Marshal and the Florida Building

31

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  1  Commission as provided by this chapter and part VII of chapter

  2  553.

  3         (8)  The Department of Insurance shall issue, when

  4  requested in writing by any substantially affected party or a

  5  local enforcing agency, binding interpretations of the Florida

  6  Fire Prevention Code and the Life Safety Code.  Such

  7  interpretations shall apply prospectively, except whenever the

  8  State Fire Marshal determines that a serious threat to life

  9  exists that warrants retroactive application.

10         Section 58.  Effective January 1, 2001, section

11  633.0215, Florida Statutes, is created to read:

12         633.0215  Florida Fire Prevention Code.--

13         (1)  The department shall adopt, by rule pursuant to

14  ss. 120.536(1) and 120.54, the Florida Fire Prevention Code

15  which shall contain or incorporate by reference all firesafety

16  laws and rules that pertain to and govern the design,

17  construction, erection, alteration, modification, repair, and

18  demolition of public and private buildings, structures, and

19  facilities and the enforcement of such firesafety laws and

20  rules.

21         (2)  The department shall adopt the National Fire

22  Protection Association's Standard 1, Fire Prevention Code.

23  The department shall adopt the Life Safety Code, Pamphlet 101,

24  current editions, by reference.  The department may modify the

25  selected codes and standards as needed to accommodate the

26  specific needs of the state.  Standards or criteria in the

27  selected codes shall be similarly incorporated by reference.

28  The department shall incorporate within sections of the

29  Florida Fire Prevention Code provisions that address uniform

30  fire safety standards as established in s. 633.022.  The

31  department shall incorporate within sections of the Florida

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  1  Fire Prevention Code provisions addressing regional and local

  2  concerns and variations.

  3         (3)  Any local amendment to the Florida Fire Prevention

  4  Code adopted by a local government shall be effective only

  5  until the adoption by the department of the new edition of the

  6  Florida Fire Prevention Code, which shall be every third year.

  7  At such time, the department shall adopt such amendment as

  8  part of the Florida Fire Prevention Code or rescind the

  9  amendment.  Adoption or recission of the amendment by the

10  department shall take effect 90 days after the department

11  takes such action.  The department shall immediately notify

12  the respective local government of the rescission of the

13  amendment. After receiving such notice, the respective local

14  government may readopt the rescinded amendment.  Incorporation

15  of local amendments as regional and local concerns and

16  variations shall be considered as adoption of an amendment

17  pursuant to this part.  Notwithstanding other state or local

18  building and construction code laws to the contrary, locally

19  adopted fire code requirements that were in existence on the

20  effective date of this section shall be deemed local

21  variations of the Florida Fire Prevention Code until the

22  department takes action to adopt or rescind such requirements

23  as provided herein and such action shall take place no later

24  than January 1, 2001.

25         (4)  The department shall update, by rule pursuant to

26  ss. 120.536(1) and 120.54, the Florida Fire Prevention Code

27  every 3 years.  Once initially adopted and subsequently

28  updated by the department, the Florida Fire Prevention Code

29  and the Life Safety Code shall be adopted for use statewide

30  without adoptions by local governments.  When updating the

31  Florida Fire Prevention Code and the most recent edition of

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  1  the Life Safety Code, the department shall consider changes

  2  made by the national model fire codes incorporated into the

  3  Florida Fire Prevention Code, the department's own binding

  4  interpretations, advisory opinions, appellate decisions, and

  5  approved statewide and local technical amendments.

  6         (5)  The department may approve technical amendments

  7  notwithstanding the 3-year update cycle of the Florida Fire

  8  Prevention Code upon finding that a threat to life exists that

  9  would warrant such action, subject to chapter 120.

10         (6)  The Florida Fire Prevention Code does not apply

11  to, and no code enforcement action shall be brought with

12  respect to, zoning requirements or land use requirements.

13  Additionally, a local code enforcement agency may not

14  administer or enforce the Florida Fire Prevention Code to

15  prevent the siting of any publicly owned facility, including,

16  but not limited to, correctional facilities; juvenile justice

17  facilities; state universities; community colleges; or public

18  education facilities. This section shall not be construed to

19  prohibit local government from imposing built-in fire

20  protection systems or fire-related infrastructure requirements

21  needed to properly protect the intended facility.

22         Section 59.  Effective January 1, 2001, section

23  633.025, Florida Statutes, is amended to read:

24         633.025  Minimum firesafety standards.--

25         (1)  The Florida Fire Prevention Code and the Life

26  Safety Code adopted by the Department of Insurance, Each

27  municipality, county, and special district with firesafety

28  responsibilities shall adopt minimum firesafety standards

29  which shall operate in conjunction with the Florida state

30  minimum Building Code, shall be deemed adopted by each

31  municipality, county, and special district with firesafety

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  1  responsibilities such local jurisdiction as required by s.

  2  553.73.  The minimum firesafety codes standards shall not

  3  apply to buildings and structures subject to the uniform

  4  firesafety standards under s. 633.022 and buildings and

  5  structures subject to the minimum firesafety standards adopted

  6  pursuant to s. 394.879.

  7         (2)  Pursuant to subsection (1), each municipality,

  8  county, and special district with firesafety responsibilities

  9  shall adopt and enforce the Florida Fire Prevention Code and

10  the Life Safety Code codes specified in paragraph (a),

11  paragraph (b), paragraph (c), or paragraph (d) as the minimum

12  firesafety code required by this section:

13         (a)  The Standard Fire Prevention Code, 1985 edition or

14  subsequent edition, as adopted by the Southern Building Code

15  Congress International.

16         (b)  The EPCOT Fire Prevention Code.

17         (c)  The National Fire Protection Association (NFPA)

18  Pamphlet 1, 1985 edition or subsequent edition.

19         (d)  The South Florida Fire Prevention Code, subject to

20  the provisions of subsection (4).

21         (3)  The most current edition of the In addition, each

22  municipality, county, and special district with firesafety

23  responsibilities shall adopt National Fire Protection

24  Association (NFPA) 101, Life Safety Code, adopted by the

25  Department of Insurance, shall be deemed to be adopted by each

26  municipality, county, and special district with firesafety

27  responsibilities , 1985 edition or subsequent edition, as part

28  of the minimum firesafety code.

29         (4)  It is the intent of the Legislature that a South

30  Florida Fire Prevention Code be promulgated as a further

31  option to counties, municipalities, and special districts with

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  1  firesafety responsibilities as an alternative to the

  2  firesafety codes specified in paragraphs (2)(a), (b), and (c).

  3  In the event that an appropriate South Florida Fire Prevention

  4  Code is submitted by the Broward County Board of Rules and

  5  Appeals or the Dade County Board of Rules and Appeals to the

  6  Legislature by March 1, 1988, such code or codes shall be

  7  deemed to be an alternative to the firesafety codes specified

  8  in paragraphs (2)(a), (b), and (c) as of July 1, 1988, unless

  9  the Legislature expressly prohibits the use of such code.

10  Until July 1, 1988, Dade and Broward Counties may use the

11  firesafety standards within their current Fire Prevention Code

12  as an alternative.  In the event Dade or Broward County fails

13  to adopt a South Florida Fire Prevention Code as of July 1,

14  1988, then such county shall be subject to subsections (2),

15  (3), and (6).

16         (4)(5)  Such codes shall be minimum codes and a

17  municipality, county, or special district with firesafety

18  responsibilities may adopt more stringent firesafety

19  standards, subject to the requirements of this subsection.

20  Such county, municipality, or special district may establish

21  alternative requirements to those requirements which are

22  required under the minimum firesafety standards on a

23  case-by-case basis, in order to meet special situations

24  arising from historic, geographic, or unusual conditions, if

25  the alternative requirements result in a level of protection

26  to life, safety, or property equal to or greater than the

27  applicable minimum firesafety standards. For the purpose of

28  this subsection, the term "historic" means that the building

29  or structure is listed on the National Register of Historic

30  Places of the United States Department of the Interior.

31

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  1         (a)  The local governing body shall determine,

  2  following a public hearing which has been advertised in a

  3  newspaper of general circulation at least 10 days before the

  4  hearing, if there is a need to strengthen the requirements of

  5  the minimum firesafety code adopted by such governing body.

  6  The determination must be based upon a review of local

  7  conditions by the local governing body, which review

  8  demonstrates that local conditions justify more stringent

  9  requirements than those specified in the minimum firesafety

10  code for the protection of life and property or justify

11  requirements that meet special situations arising from

12  historic, geographic, or unusual conditions.

13         (b)  Such additional requirements shall not be

14  discriminatory as to materials, products, or construction

15  techniques of demonstrated capabilities.

16         (c)  Paragraphs (a) and (b) apply solely to the local

17  enforcing agency's adoption of requirements more stringent

18  than those specified in the Florida Fire Prevention Code and

19  the Life Safety Code that have the effect of amending building

20  construction standards. Upon request, the enforcing agency

21  shall provide a person making application for a building

22  permit, or any state agency or board with construction-related

23  regulation responsibilities, a listing of all such

24  requirements and codes.

25         (d)  A local government which adopts amendments to the

26  minimum firesafety code must provide a procedure by which the

27  validity of such amendments may be challenged by any

28  substantially affected party to test the amendment's

29  compliance with the provisions of this section.

30         1.  Unless the local government agrees to stay

31  enforcement of the amendment, or other good cause is shown,

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  1  the challenging party shall be entitled to a hearing on the

  2  challenge within 45 days.

  3         2.  For purposes of such challenge, the burden of proof

  4  shall be on the challenging party, but the amendment shall not

  5  be presumed to be valid or invalid.

  6

  7  A substantially affected party may appeal, to the Department

  8  of Insurance, the local government's resolution of the

  9  challenge and the department shall determine if the amendment

10  complies with this section. The department shall consider

11  reports of the Florida Building Commission, pursuant to part

12  VII of chapter 533, when evaluating building code enforcement.

13         (6)  The minimum firesafety standards that counties,

14  municipalities, and special districts are required to adopt

15  pursuant to this section shall be adopted by January 1, 1988.

16  No municipality or county or special district shall be

17  required to amend an ordinance which presently complies with

18  this section.  In the event that any such local governmental

19  entity fails to adopt minimum firesafety standards by January

20  1, 1988, the minimum firesafety standards shall consist of the

21  Standard Fire Prevention Code, 1985 edition, and National Fire

22  Protection Association (NFPA) 101, Life Safety Code, 1985

23  edition.

24         (5)(7)  The new building or structure provisions

25  enumerated within the firesafety code adopted pursuant to this

26  section shall apply only to buildings or structures for which

27  the building permit is issued on or after the effective date

28  of this act January 1, 1988.  Subject to the provisions of

29  subsection (6) (8), the existing building or structure

30  provisions enumerated within the firesafety code adopted

31  pursuant to this section shall apply to buildings or

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  1  structures for which the building permit was issued or the

  2  building or structure was constructed prior to the effective

  3  date of this act January 1, 1988.

  4         (6)(8)  With regard to existing buildings, the

  5  Legislature recognizes that it is not always practical to

  6  apply any or all of the provisions of the minimum firesafety

  7  code and that physical limitations may require

  8  disproportionate effort or expense with little increase in

  9  lifesafety.  Prior to applying the minimum firesafety code to

10  an existing building, the local fire official shall determine

11  that a threat to lifesafety or property exists. If a threat to

12  lifesafety or property exists, the fire official shall apply

13  the applicable firesafety code for existing buildings to the

14  extent practical to assure a reasonable degree of lifesafety

15  and safety of property or the fire official shall fashion a

16  reasonable alternative which affords an equivalent degree of

17  lifesafety and safety of property.  The decision of the local

18  fire official may be appealed to the local administrative

19  board described in s. 553.73.

20         (7)(9)  Nothing herein shall preclude a municipality,

21  county, or special district from requiring a structure to be

22  maintained in accordance with the applicable firesafety code.

23         (10)  With respect to standards established by the

24  National Fire Protection Association (NFPA) 101, Life Safety

25  Code, 1985 edition, s. 19-3.4.2.1, those standards shall not

26  apply to structures having direct access to the outside from

27  each living unit and having three stories or less.

28         (8)(11)  With respect to standards established by the

29  National Fire Protection Association (NFPA) 101, Life Safety

30  Code, 1985 edition, s. 19-3.4.4.1, Battery operated smoke

31  detectors shall be considered as an approved detection device

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  1  for residential buildings having direct access to the outside

  2  from each living unit and having three stories or less.

  3         (9)  The provisions of the Life Safety Code shall not

  4  apply to newly constructed one-family and two-family

  5  dwellings.  However, fire sprinkler protection may be

  6  permitted by local government in lieu of other fire protection

  7  related development requirements in such structures.

  8         Section 60.  Paragraph (a) of subsection (1) of section

  9  633.085, Florida Statutes, is amended to read:

10         633.085  Inspections of state buildings and premises;

11  tests of firesafety equipment; building plans to be

12  approved.--

13         (1)(a)  It is the duty of the State Fire Marshal and

14  her or his agents to inspect, or cause to be inspected, each

15  state-owned or state-leased building on a recurring basis

16  established by rule, and to ensure that high-hazard

17  occupancies are inspected at least annually, for the purpose

18  of ascertaining and causing to be corrected any conditions

19  liable to cause fire or endanger life from fire and any

20  violation of the firesafety standards for state-owned and

21  state-leased buildings, the provisions of this chapter, or the

22  rules or regulations adopted and promulgated pursuant hereto.

23  The State Fire Marshal shall, within 7 days following an

24  inspection, submit a report of such inspection to the head of

25  the department of state government responsible for the

26  building.

27         Section 61.  Subsection (1) of section 633.72, Florida

28  Statutes, is amended to read:

29         633.72  Florida Fire Code Advisory Council.--

30         (1)  There is created within the department the Florida

31  Fire Code Advisory Council with seven members appointed by the

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  1  State Fire Marshal.  The council, in cooperation with the

  2  Florida Building Commission, shall advise and recommend to the

  3  State Fire Marshal and, where appropriate, for further

  4  recommendation to the Legislature changes in and

  5  interpretation of the firesafety codes that have the effect of

  6  conflicting with building construction standards that are

  7  adopted pursuant to s. 633.0215 ss. 633.022 and 633.025.  The

  8  members of the council shall represent the following groups

  9  and professions:

10         (a)  One member shall be the State Fire Marshal, or his

11  or her designated appointee who shall be an administrative

12  employee of the marshal;

13         (b)  One member shall be an administrative officer from

14  a fire department representing a municipality or a county

15  selected from a list of persons submitted by the Florida Fire

16  Chiefs Association;

17         (c)  One member shall be an architect licensed in the

18  state selected from a list of persons submitted by the Florida

19  Association/American Institute of Architects;

20         (d)  One member shall be a structural engineer

21  registered to practice in the state selected from a list of

22  persons submitted by the Florida Engineering Society;

23         (e)  One member shall be an administrative officer from

24  a building department of a county or municipality selected

25  from a list of persons submitted by the Building Officials

26  Association of Florida;

27         (f)  One member shall be a contractor licensed in the

28  state selected from a list submitted by the Florida Home

29  Builders Association; and

30         (g)  One member shall be representative of the general

31  public.

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  1         (h)  The administrative staff of the State Fire Marshal

  2  shall attend meetings of the Florida Building Commission and

  3  coordinate efforts to provide consistency between the Florida

  4  Building Code and the Florida Fire Prevention Code and the

  5  Life Safety Code.

  6

  7  The council and Florida Building Commission shall cooperate

  8  through joint representation and staff coordination.

  9         Section 62.  (1)  Before the 2000 Regular Session of

10  the Legislature, the Florida Building Commission shall submit

11  to the Legislature, for review and approval or rejection, the

12  Florida Building Code adopted by the commission and shall

13  prepare list of recommendations of revisions to the Florida

14  Statutes necessitated by adoption of the Florida Building Code

15  if the Legislature approves the Florida Building Code.

16         (2)  Upon approval of the Florida Building Code by the

17  Legislature, all existing local technical amendments to any

18  building code adopted by any local government are repealed.

19  Each local government may readopt such amendments pursuant to

20  section 553.73, Florida Statutes, provided such amendments

21  comply with applicable provisions of the Florida Building

22  Code.

23         Section 63.  The Department of Management Services is

24  directed to initiate a pilot project to evaluate the costs and

25  benefits of installing an ozonation water treatment system for

26  a cooling tower in a state building.  An appropriate building

27  project shall be selected, the ozonation equipment installed,

28  the performance data of the system collected and compiled, and

29  the Department of Management Services shall report back to the

30  Legislature no later than March 1, 2000.  Such findings shall

31  provide the basis for determining a life-cycle cost analysis

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  1  that can be used in future building projects.  If the

  2  Department of Management Services is unable to meet the

  3  deadline because of unforeseen fiscal or technical

  4  complications, the department shall provide the information to

  5  the Legislature as soon as possible after such date.

  6         Section 64.  Paragraph (f) of subsection (2) of section

  7  471.003, Florida Statutes, section 489.539, Florida Statutes,

  8  and subsection (5) of section 553.73, Florida Statutes, are

  9  repealed.

10         Section 65.  Effective January 1, 1999, section

11  489.120, Florida Statutes, is repealed.

12         Section 66.  Effective January 1, 2001, paragraph (d)

13  of subsection (1) of section 489.129, Florida Statutes, is

14  repealed.

15         Section 67.  Effective upon the approval by the

16  Legislature of the adoption of the Florida Building Code by

17  the Florida Building Commission, parts I, II, and III of

18  chapter 553, Florida Statutes, consisting of sections 553.01,

19  553.02, 553.03, 553.04, 553.041, 553.05, 553.06, 553.07,

20  553.08, 553.10, 553.11, 553.14, 553.15, 553.16, 553.17,

21  553.18, 553.19, 553.20, 553.21, 553.22, 553.23, 553.24,

22  553.25, 553.26, 553.27, and 553.28, Florida Statutes, are

23  repealed and section 553.141, Florida Statutes, is transferred

24  and renumbered as section 553.86, Florida Statutes.

25         Section 68.  Except as otherwise provided in this act,

26  this act shall take effect July 1, 1998.

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                    Senate Bills 1190 and 868

  3

  4  Senate Bills 1190 and 868 were "shell" bills to create a
    single statewide building code for governing the design,
  5  construction, code enforcement, erection, alteration,
    maintenance, and demolition of the public and private building
  6  environment in this state.

  7  This Committee substitute for SB's 1190 & 868 establishes the
    Florida Building Code (FBC), a single statewide building code,
  8  and codifies many of the recommendations of the Governor's
    Building Codes Study Commission. This CS provides that:
  9
         The Board of Building Codes and Standards is
10       reconstituted as the Florida Building Commission;

11       The Department of Insurance is required to adopt the
         Florida Fire Prevention Code and the Life Safety Code;
12
         Upon initial adoption, the Florida Building Code and the
13       Florida Fire Prevention Code and the Life Safety Code are
         deemed adopted by all local jurisdictions; with some
14       restrictions, local governments may adopt more stringent
         requirements to the codes;
15
         Beginning in 2001, local governments shall assume
16       expanded responsibilities for permitting, plans review
         and inspection of facilities that are currently reviewed
17       by state agencies;

18       The Florida Building Commission will create and
         administer a statewide product evaluation system;
19
         There will be a building code training program developed
20       which will become part of current continuing education
         requirements for occupations related to construction and
21       construction regulation;

22       There will be disciplinary consequences related to
         material code violations for state-certified and
23       registered contractors; and

24       The Department of Business and Professional Regulation is
         required to implement an automated information system
25       which tracks disciplinary actions taken against
         construction-related occupations on a statewide basis.
26

27

28

29

30

31

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