Senate Bill 0004c1

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    Florida Senate - 2000                      CS for SB's 4 & 380

    By the Committee on Comprehensive Planning, Local and Military
    Affairs; and Senators Clary, Diaz-Balart, Campbell, Lee,
    McKay, Casas and Sullivan



    316-1814D-00

  1                      A bill to be entitled

  2         An act relating to the Florida Building Code;

  3         amending s. 120.80, F.S.; prohibiting the

  4         Florida Building Commission from granting a

  5         waiver or variance from code requirements;

  6         providing for alternative means of compliance

  7         and enforcement; amending s. 125.01, F.S.;

  8         authorizing counties to enforce and amend the

  9         Florida Building Code, rather than adopt a

10         building code; amending s. 125.56, F.S.;

11         substituting references to the Florida Building

12         Code for references to locally adopted building

13         codes; providing for enforcement and amendment

14         of the Florida Fire Prevention Code; amending

15         s. 161.0415, F.S.; requiring the permitting

16         agency to cite to a specific provision of the

17         Florida Building Code when requesting

18         information on a coastal construction permit;

19         amending ss. 161.052, 161.053, F.S.; providing

20         that certain provisions must be incorporated

21         into the Florida Building Code; providing

22         rulemaking authority to the Florida Building

23         Commission; preserving certain rights and

24         authority of the Department of Environmental

25         Protection; amending s. 161.05301, F.S.;

26         deleting authority of the department to

27         delegate coastal construction building codes

28         review to local governments; amending the

29         deadline by which current department positions

30         must support implementation of a beach

31         management plan; amending s. 161.55, F.S.;

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1         deleting structural requirements for specific

  2         types of coastal structures; amending s.

  3         161.56, F.S.; deleting authority of local

  4         governments to enforce coastal construction

  5         standards; deleting authority of local

  6         governments to adopt specific building codes;

  7         amending s. 235.26, F.S.; eliminating authority

  8         of the Commissioner of Education to adopt a

  9         uniform statewide building code for public

10         educational and ancillary facilities;

11         authorizing the commissioner to develop such a

12         code and submit it to the Florida Building

13         Commission for adoption; providing specific

14         requirements for the development of the code;

15         requiring specific types of construction to

16         conform to the Florida Building Code and the

17         Florida Fire Prevention Code; providing for

18         enforcement of the codes by school districts,

19         community colleges, and the Department of

20         Education; providing for review of and updates

21         to the code; amending s. 253.033, F.S.;

22         replacing references to local building codes

23         with references to the Florida Building Code;

24         amending s. 255.25, F.S.; deleting the

25         requirement that the Department of Management

26         Services approve design and construction plans

27         for state agency buildings; amending s. 255.31,

28         F.S.; eliminating authority of the department

29         to conduct plan reviews and inspection

30         services; providing exceptions; amending s.

31         316.1955, F.S.; deleting parking requirements

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  1         for persons who have disabilities; amending s.

  2         381.006, F.S.; eliminating the Department of

  3         Health's authority to adopt regulations

  4         governing sanitary facilities in public places

  5         and places of employment; amending s. 383.301,

  6         F.S.; amending the legislative intent regarding

  7         regulation of birth centers; amending s.

  8         383.309, F.S.; eliminating the authority of the

  9         Agency for Health Care Administration to adopt

10         certain rules governing birth centers;

11         providing for adoption of those standards

12         within the Florida Building Code and the

13         Florida Fire Prevention Code; authorizing the

14         agency to enforce specified provisions of the

15         Florida Building Code and the Florida Fire

16         Prevention Code; amending s. 394.879, F.S.;

17         eliminating the authority of the Department of

18         Children and Family Services or the Agency for

19         Health Care Administration to adopt certain

20         rules governing crisis stabilization units;

21         providing for adoption of those standards

22         within the Florida Building Code; authorizing

23         the agency to enforce specified provisions of

24         the Florida Building Code; amending s.

25         395.0163, F.S.; providing that construction of

26         certain facilities is governed by the Florida

27         Building Code and the Florida Fire Prevention

28         Code; providing for plan reviews and

29         construction surveys by the Agency for Health

30         Care Administration; clarifying that inspection

31         and approval includes compliance with the

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1         Florida Building Code; amending s. 395.1055,

  2         F.S.; eliminating the authority of the Agency

  3         for Health Care Administration to adopt

  4         standards for construction of licensed

  5         facilities; providing for adoption of those

  6         standards within the Florida Building Code;

  7         authorizing the agency to enforce specified

  8         provisions of the Florida Building Code and the

  9         Florida Fire Prevention Code; amending s.

10         395.10973, F.S.; authorizing the Agency for

11         Health Care Administration to enforce specified

12         provisions of the Florida Building Code;

13         amending s. 399.02, F.S.; eliminating the

14         Division of Elevator Safety's authority to

15         adopt certain codes and provide exceptions

16         thereto; requiring the division to develop a

17         code and submit it to the Florida Building

18         Commission for adoption; authorizing the

19         division to enforce specified provisions of the

20         Florida Building Code; requiring the division

21         to review and recommend revisions to the

22         Florida Building Code; amending ss. 399.03,

23         399.13, F.S.; substituting references to the

24         Florida Building Code for references to the

25         Elevator Safety Code; amending s. 399.061,

26         F.S.; revising requirements for elevator

27         inspections and service maintenance contracts;

28         amending s. 400.011, F.S.; revising the purpose

29         of part I of ch. 400, F.S., to eliminate the

30         provision of construction standards for nursing

31         homes and related health care facilities;

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1         amending s. 400.23, F.S.; eliminating the

  2         authority of the Agency for Health Care

  3         Administration to adopt construction

  4         regulations for nursing homes and related

  5         health care facilities; authorizing the agency

  6         to enforce specified provisions of the Florida

  7         Building Code; directing the agency to assist

  8         the Florida Building Commission; amending s.

  9         400.232, F.S.; providing that the design and

10         construction of nursing homes is governed by

11         the Florida Building Code and the Florida Fire

12         Prevention Code; authorizing the agency to

13         conduct plan reviews and construction surveys

14         of those facilities; amending s. 468.604, F.S.;

15         substituting references to the Florida Building

16         Code for references to listed locally adopted

17         codes; amending s. 468.607, F.S.; providing for

18         the continuing validity of the certifications

19         of certain building inspectors and plans

20         examiners for a certain period of time;

21         amending s. 468.609, F.S.; clarifying the

22         prerequisites for taking certain certification

23         examinations; amending s. 468.617, F.S.; adding

24         school boards, community college boards, state

25         agencies, and state universities as entities

26         that may contract for joint inspection services

27         or contract with other certified persons to

28         perform plan reviews and inspection services;

29         amending s. 469.002, F.S.; eliminating a

30         required asbestos disclosure statement;

31         providing for inclusion of such a statement

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  1         within the Florida Building Code; amending s.

  2         471.015, F.S.; authorizing the Board of

  3         Professional Engineers to establish

  4         qualifications for special inspectors of

  5         threshold buildings and to establish

  6         qualifications for the qualified representative

  7         of such a special inspector; providing for

  8         minimum qualifications for qualified

  9         representatives; amending s. 481.213, F.S.;

10         authorizing the Board of Architecture and

11         Interior Design to establish qualifications for

12         certifying licensed architects as special

13         inspectors of threshold buildings and to

14         establish qualifications for the qualified

15         representative of such a special inspector;

16         amending s. 489.103, F.S.; substituting

17         references to the Florida Building Code for

18         references to locally adopted codes; amending

19         s. 489.107, F.S.; requiring that the office of

20         the Construction Industry Licensing Board be in

21         Leon County; amending ss. 489.115, 497.255,

22         553.06, 553.141, 553.503, 553.506, 553.512,

23         553.73, 553.74, F.S.; replacing references to

24         the Board of Building Codes and Standards with

25         references to the Florida Building Commission;

26         amending s. 500.09, F.S.; clarifying that the

27         Department of Agriculture and Consumer Services

28         may not adopt construction regulations for food

29         establishments; requiring the adoption of such

30         regulations within the Florida Building Code;

31         authorizing the department to enforce specified

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1         provisions of the Florida Building Code;

  2         preserving the department's authority to adopt

  3         and enforce sanitary regulations; amending s.

  4         500.12, F.S.; authorizing the department to

  5         enforce specific provisions of the Florida

  6         Building Code; providing a requirement for

  7         obtaining or renewing a local occupational

  8         license; amending s. 500.147, F.S.; authorizing

  9         the department to enforce specific provisions

10         of the Florida Building Code; amending s.

11         509.032, F.S.; clarifying that the Division of

12         Hotels and Restaurants may not adopt

13         construction standards for public food and

14         public lodging establishments; providing for

15         the adoption of such standards within the

16         Florida Building Code and the Florida Fire

17         Prevention Code; authorizing the division to

18         enforce specified provisions of the Florida

19         Building Code and the Florida Fire Prevention

20         Code; preserving the authority of local

21         governments to inspect public food and public

22         lodging establishments for compliance with the

23         Florida Building Code and the Florida Fire

24         Prevention Code; amending s. 509.221, F.S.;

25         substituting references to the Florida Building

26         Code for references to other state and local

27         codes; amending s. 514.021, F.S.; providing

28         that the Department of Health may not adopt

29         construction regulations for public swimming

30         pools and bathing places; providing for the

31         adoption of such standards within the Florida

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1         Building Code; authorizing the department to

  2         conduct plan reviews, to issue approvals, and

  3         to enforce specified provisions of the Florida

  4         Building Code; preserving the department's

  5         authority to adopt and enforce sanitary

  6         regulations; amending s. 514.03, F.S.;

  7         preserving local governments' authority to

  8         conduct plan reviews and inspections for

  9         compliance with the Florida Building Code;

10         amending s. 553.06, F.S.; amending portions of

11         the State Plumbing Code by replacing a

12         reference to the board with a reference to the

13         commission; amending s. 553.141, F.S.; deleting

14         specific requirements for the ratio of public

15         restroom facilities for men and women;

16         requiring the incorporation of such

17         requirements into the Florida Building Code;

18         requesting the Division of Statutory Revision

19         to change a title; creating s. 553.355, F.S.;

20         establishing minimum construction requirements

21         for manufactured buildings; amending s. 553.36,

22         F.S.; providing for approval of building

23         components; redefining the term "manufactured

24         building" to include certain storage sheds and

25         to exclude manufactured housing; defining the

26         term "module"; updating references to the

27         Florida Building Code; amending s. 553.37,

28         F.S.; authorizing the Department of Community

29         Affairs to adopt certain rules; providing that,

30         if the department delegates certain authority,

31         manufacturers shall have plan reviews and

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1         inspections conducted by a single agency;

  2         transferring rulemaking authority to the

  3         Florida Building Commission; creating s.

  4         553.375, F.S.; providing for recertification of

  5         manufactured buildings; amending s. 553.38,

  6         F.S.; transferring to the Florida Building

  7         Commission authority to adopt rules governing

  8         manufactured buildings; amending s. 553.381,

  9         F.S.; providing for certification of

10         manufacturers of manufactured buildings;

11         providing certification requirements;

12         transferring authority for construction

13         standards to the Florida Building Commission;

14         amending s. 553.39, F.S.; replacing the

15         department's rules with the Florida Building

16         Code; creating s. 553.5041, F.S.; providing

17         requirements for parking accommodations for

18         persons who have disabilities; amending s.

19         553.512, F.S.; providing that the commission

20         may not waive specified requirements for

21         parking for persons who have disabilities;

22         providing that applicants for waiver must have

23         applied for variance from specified local

24         requirements; deleting the word "handicapped";

25         amending s. 553.71, F.S.; redefining the term

26         "threshold building"; defining the terms

27         "special inspector" and "prototype building";

28         amending s. 553.72, F.S.; amending legislative

29         intent relating to the Florida Building Code;

30         amending s. 553.73, F.S.; expanding the list of

31         regulations to be included in the Florida

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1         Building Code; clarifying the limitations

  2         applicable to administrative amendments to the

  3         code; clarifying the effect on local

  4         governments of adopting and updating the

  5         Florida Building Code; specifying that

  6         amendments to certain standards or criteria are

  7         effective statewide only upon adoption by the

  8         commission; providing for the immediate effect

  9         of certain amendments to the Florida Building

10         Code in certain circumstances; revising

11         criteria for commission approval of amendments

12         to the Florida Building Code; prescribing which

13         edition of the Florida Building Code applies to

14         a given project; providing an additional

15         exemption from the Florida Building Code;

16         authorizing the Florida Building Commission to

17         provide exceptions to the exemptions; providing

18         for review of decisions of certain local

19         government officials; delegating certain

20         responsibilities to the State Fire Marshal,

21         rather than the Department of Insurance;

22         amending s. 553.77, F.S.; revising the powers

23         of the commission; providing for fees for

24         product approval; correcting a cross-reference;

25         amending s. 553.781, F.S.; clarifying that the

26         Department of Business and Professional

27         Regulation conducts disciplinary investigations

28         and takes disciplinary actions; amending s.

29         553.79, F.S.; replacing the term "mobile home"

30         with the term "manufactured home"; deleting the

31         authority of the Department of Community

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1         Affairs to establish qualifications for and

  2         certify special inspectors; revising the

  3         responsibilities of special inspectors;

  4         requiring the Florida Building Commission to

  5         establish standards for specified structures;

  6         deleting standards for specified structures;

  7         clarifying that building code plan review is

  8         required independent of firesafety plan review;

  9         deleting specific requirements for the

10         submittal of plans; directing the Florida

11         Building Commission to adopt requirements for

12         plan review; amending s. 553.80, F.S.;

13         consolidating all exemptions from local

14         enforcement of the building code; providing for

15         uses of facility maintenance permits by school

16         boards, community college boards, and state

17         universities; amending ss. 553.83, 553.84,

18         553.85, F.S.; replacing references to local

19         codes and state minimum codes with references

20         to the Florida Building Code; amending s.

21         553.841, F.S.; authorizing the commission to

22         establish the Building Code Training Program by

23         rule; providing that the State Fire Marshal is

24         to be consulted on the Building Code Training

25         Program; amending coursework requirements;

26         amending s. 553.842, F.S.; requiring the

27         commission to make recommendations to the

28         Legislature for a statewide product approval

29         system; exempting certain counties from the

30         statewide product approval system; amending s.

31         553.901, F.S.; transferring the authority to

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1         adopt the thermal efficiency code from the

  2         Department of Community Affairs to the Florida

  3         Building Commission; amending s. 553.902, F.S.;

  4         amending the term "exempted building"; deleting

  5         an exemption; authorizing the commission to

  6         recommend additional exemptions; deleting the

  7         term "energy performance index"; amending s.

  8         553.903, F.S.; deleting an obsolete requirement

  9         relating to thermal efficiency; amending s.

10         553.907, F.S.; deleting requirements for

11         certification of compliance to local

12         governments; amending s. 553.9085, F.S.;

13         deleting obsolete references; amending s.

14         553.909, F.S.; deleting specific requirements

15         for water heaters; directing that such

16         requirements be set in the energy code;

17         creating s. 627.0626, F.S.; requiring that

18         certain rate filings include discounts,

19         credits, or other rate differentials to lower

20         certain insurance rates; amending ss. 633.01,

21         633.0215, 633.025, F.S.; replacing references

22         to the Department of Insurance with references

23         to the State Fire Marshal; amending s.

24         633.0215, F.S., the Florida Fire Prevention

25         Code; providing for triennial adoption of the

26         code; providing requirements for local

27         amendments; amending s. 633.025, F.S.; amending

28         provisions relating to smoke detector

29         requirements in residential buildings;

30         providing requirements for adopting local

31         firesafety codes and standards; amending s.

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1         633.72, F.S.; revising the membership of the

  2         Florida Fire Code Advisory Council; revising

  3         duties of the council with regard to the

  4         Florida Building Commission; amending s.

  5         655.962, F.S.; deleting specific construction

  6         requirements for automated teller machines;

  7         requiring such requirements to be adopted into

  8         the Florida Building Code; amending s. 62 of

  9         ch. 98-287, Laws of Florida; deleting the

10         requirement that the Legislature approve or

11         reject the Florida Building Code, provide for

12         repeal of local codes on a date certain, and

13         provide for certain local ordinances to remain

14         effective; amending s. 68 of ch. 98-287, Laws

15         of Florida; revising the future repeal of

16         certain sections of the Florida Statutes to

17         provide a date certain, and to transfer and

18         renumber a certain section; providing that the

19         Legislature has reviewed the Florida Building

20         Code and directing the Florida Building

21         Commission to continue the process to adopt the

22         code; providing that certain changes in the

23         code are not subject to rule challenge;

24         providing for determining the cost differential

25         between building under the old code and

26         building under the new code; providing

27         procedures; providing for applicability of the

28         analysis to insurance rates; requiring a report

29         to the Governor and the Legislature;

30         establishing the windborne debris region for

31         the state; deleting disclosure requirements;

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1         exempting certain counties from local-amendment

  2         procedures; exempting certain types of

  3         amendments from the local-amendment procedures;

  4         requiring the Florida Building Commission to

  5         amend the plumbing section of the Florida

  6         Building Code as specified; repealing ss.

  7         125.0106, 255.21(2), 553.79(11), F.S.;

  8         providing that nothing in the act is intended

  9         to imply any repeal or sunset of any existing

10         general or special law not specifically

11         identified; providing effective dates.

12

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

14

15         Section 1.  Subsection (16) is added to section 120.80,

16  Florida Statutes, to read:

17         120.80  Exceptions and special requirements;

18  agencies.--

19         (16)  FLORIDA BUILDING COMMISSION.--

20         (a)  Notwithstanding the provisions of s. 120.542, the

21  Florida Building Commission may not accept petition for waiver

22  or variance and may not grant any waiver or variance from the

23  requirements of the Florida Building Code.

24         (b)  The Florida Building Commission shall adopt within

25  the Florida Building Code criteria and procedures for

26  alternative means of compliance with the code or local

27  amendments thereto, for enforcement by local governments,

28  local enforcement districts, or other entities authorized by

29  law to enforce the Florida Building Code. Appeals from the

30  denial of the use of alternative means shall be heard by the

31

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1  local board, if one exists, and may be appealed to the Florida

  2  Building Commission.

  3         Section 2.  Effective January 1, 2001, paragraphs (d)

  4  and (i) of subsection (1) of section 125.01, Florida Statutes,

  5  are amended, and paragraph (cc) is added to that subsection,

  6  to read:

  7         125.01  Powers and duties.--

  8         (1)  The legislative and governing body of a county

  9  shall have the power to carry on county government.  To the

10  extent not inconsistent with general or special law, this

11  power includes, but is not restricted to, the power to:

12         (d)  Provide fire protection, including the enforcement

13  of the Florida Fire Prevention Code, as provided in ss.

14  633.022 and 633.025, and adopt and enforce local technical

15  amendments to the Florida Fire Prevention Code as provided in

16  those sections and pursuant to s. 633.0215.

17         (i)  Adopt, by reference or in full, and enforce

18  building, housing, and related technical codes and

19  regulations.

20         (cc)  Enforce the Florida Building Code, as provided in

21  s. 553.80, and adopt and enforce local technical amendments to

22  the Florida Building Code, pursuant to s. 553.73(4)(b) and

23  (c).

24         Section 3.  Effective January 1, 2001, section 125.56,

25  Florida Statutes, is amended to read:

26         125.56  Enforcement and Adoption or amendment of the

27  Florida Building Code and the Florida Fire Prevention Code;

28  inspection fees; inspectors; etc.--

29         (1)  The board of county commissioners of each of the

30  several counties of the state is authorized to enforce the

31  Florida Building Code and the Florida Fire Prevention Code, as

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  1  provided in s. 553.80, 633.022, and 633.025, and, at in its

  2  discretion, to adopt local technical amendments to the Florida

  3  or amend a Building Code, pursuant to s. 553.73(4)(b) and (c)

  4  and local technical amendments to the Florida Fire Prevention

  5  Code, pursuant to s. 633.0215, to provide for the safe

  6  construction, erection, alteration, repair, securing, and

  7  demolition of any building within its territory outside the

  8  corporate limits of any municipality.  Upon a determination to

  9  consider amending the Florida or adopting a Building Code or

10  the Florida Fire Prevention Code by a majority of the members

11  of the board of county commissioners of such county, the board

12  shall call a public hearing and comply with the public notice

13  requirements of s. 125.66(2). The board shall hear all

14  interested parties at the public hearing and may then adopt or

15  amend the a building code or the fire code consistent with the

16  terms and purposes of this act., which shall be known

17  thereafter as the "county building code." Upon adoption, an or

18  amendment to, the code shall be in full force and effect

19  throughout the unincorporated area of such county until

20  otherwise notified by the Florida Building Commission pursuant

21  to s. 553.73 or the State Fire Marshal pursuant to s.

22  633.0215. Nothing herein contained shall be construed to

23  prevent the board of county commissioners from amending or

24  repealing such amendment to the building code or the fire code

25  at any regular meeting of such board.

26         (2)  The board of county commissioners of each of the

27  several counties may provide a schedule of reasonable

28  inspection fees in order to defer the costs of inspection and

29  enforcement of the provisions of this act, and of the Florida

30  any Building Code and the Florida Fire Prevention Code adopted

31  pursuant to the terms of this act.

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  1         (3)  The board of county commissioners of each of the

  2  several counties may employ a building inspector and such

  3  other personnel as it deems necessary to carry out the

  4  provisions of this act and may pay reasonable salaries for

  5  such services.

  6         (4)  After adoption of the Florida Building Code by the

  7  Florida Building Commission or the Florida Fire Prevention

  8  Code by the State Fire Marshal, or amendment of the building

  9  code or the fire code as herein provided, it shall be unlawful

10  for any person, firm, or corporation to construct, erect,

11  alter, repair, secure, or demolish any building within the

12  territory embraced by the terms of this act, without first

13  obtaining a permit therefor from the appropriate board of

14  county commissioners, or from such persons as may by

15  resolution be directed to issue such permits, upon the payment

16  of such reasonable fees as shall be set forth in the schedule

17  of fees adopted by the board; the board is hereby empowered to

18  revoke any such permit upon a determination by the board that

19  the construction, erection, alteration, repair, securing, or

20  demolition of the building for which the permit was issued is

21  in violation of or not in conformity with the building code or

22  the fire code.

23         (5)  Any person, firm, or corporation that which

24  violates any of the provisions of this section or of the

25  Florida any duly adopted county Building Code or the Florida

26  Fire Prevention Code is guilty of a misdemeanor of the second

27  degree, punishable as provided in s. 775.082 or s. 775.083.

28         Section 4.  Effective January 1, 2001, section

29  161.0415, Florida Statutes, is amended to read:

30         161.0415  Citation of rule.--In addition to any other

31  provisions within this chapter or any rules promulgated

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    Florida Senate - 2000                      CS for SB's 4 & 380
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  1  hereunder, the permitting agency shall, when requesting

  2  information for a permit application pursuant to this chapter

  3  or such rules promulgated hereunder, cite a specific rule or

  4  provision of the Florida Building Code.  If a request for

  5  information cannot be accompanied by a rule citation, failure

  6  to provide such information cannot be grounds to deny a

  7  permit.

  8         Section 5.  Effective January 1, 2001, paragraph (b) of

  9  subsection (2) of section 161.052, Florida Statutes, is

10  amended, and subsection (12) is added to that section, to

11  read:

12         161.052  Coastal construction and excavation;

13  regulation.--

14         (2)  A waiver or variance of the setback requirements

15  may be authorized by the department in the following

16  circumstances:

17         (b)  If in the immediate contiguous or adjacent area a

18  number of existing structures have established a reasonably

19  continuous and uniform construction line closer to the line of

20  mean high water than the foregoing, and if said existing

21  structures have not been unduly affected by erosion, a

22  proposed structure may be permitted along such line on written

23  authorization from the department if such proposed structure

24  complies with the Florida Building Code and the rules of is

25  also approved by the department. However, the department shall

26  not contravene setback requirements established by a county or

27  municipality which are equal to, or more strict than, those

28  setback requirements provided herein.

29         (12)  In accordance with ss. 553.73 and 553.79, and

30  upon the effective date of the Florida Building Code, the

31  provisions of this section which pertain to and govern the

                                  18

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  1  design, construction, erection, alteration, modification,

  2  repair, and demolition of public and private buildings,

  3  structures, and facilities shall be incorporated into the

  4  Florida Building Code. The Florida Building Commission shall

  5  have the authority to adopt rules pursuant to ss. 120.54 and

  6  120.536 in order to implement those provisions. This

  7  subsection does not limit or abrogate the right and authority

  8  of the department to require permits or to adopt and enforce

  9  environmental standards, including but not limited to,

10  standards for ensuring the protection of the beach-dune

11  system, proposed or existing structures, adjacent properties,

12  marine turtles, native salt-resistant vegetation, endangered

13  plant communities, and the preservation of public beach

14  access.

15         Section 6.  Effective January 1, 2001, subsection (22)

16  is added to section 161.053, Florida Statutes, to read:

17         161.053  Coastal construction and excavation;

18  regulation on county basis.--

19         (22)  In accordance with ss. 553.73 and 553.79, and

20  upon the effective date of the Florida Building Code, the

21  provisions of this section which pertain to and govern the

22  design, construction, erection, alteration, modification,

23  repair, and demolition of public and private buildings,

24  structures, and facilities shall be incorporated into the

25  Florida Building Code. The Florida Building Commission shall

26  have the authority to adopt rules pursuant to ss. 120.54 and

27  120.536 in order to implement those provisions. This

28  subsection does not limit or abrogate the right and authority

29  of the department to require permits or to adopt and enforce

30  environmental standards, including but not limited to,

31  standards for ensuring the protection of the beach-dune

                                  19

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  1  system, proposed or existing structures, adjacent properties,

  2  marine turtles, native salt-resistant vegetation, endangered

  3  plant communities, and the preservation of public beach

  4  access.

  5         Section 7.  Effective January 1, 2001, section

  6  161.05301, Florida Statutes, is amended to read:

  7         161.05301  Beach erosion control project staffing;

  8  coastal construction building codes review.--

  9         (1)  There are hereby appropriated to the Department of

10  Environmental Protection six positions and $449,918 for fiscal

11  year 1998-1999 from the Ecosystem Management and Restoration

12  Trust Fund from revenues provided by this act pursuant to s.

13  201.15(11).  These positions and funding are provided to

14  assist local project sponsors, and shall be used to facilitate

15  and promote enhanced beach erosion control project

16  administration. Such staffing resources shall be directed

17  toward more efficient contract development and oversight,

18  promoting cost-sharing strategies and regional coordination or

19  projects among local governments, providing assistance to

20  local governments to ensure timely permit review, and

21  improving billing review and disbursement processes.

22         (2)  Upon the effective date of the Florida Building

23  Code, when the reviews authorized by s. 161.053 are conducted

24  by local government, Upon implementation of the Governor's

25  Building Codes Study Commission recommendations pertaining to

26  coastal construction, and the adoption of those

27  recommendations by local governments, the department shall

28  delegate the coastal construction building codes review

29  pursuant to s. 161.053 to those local governments. current

30  department positions supporting the coastal construction

31

                                  20

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  1  building codes review shall be directed to support

  2  implementation of the subject beach management plan.

  3         Section 8.  Effective January 1, 2001, section 161.55,

  4  Florida Statutes, is amended to read:

  5         161.55  Requirements for activities or construction

  6  within the coastal building zone.--The following requirements

  7  shall apply beginning March 1, 1986, to construction within

  8  the coastal building zone and shall be minimum standards for

  9  construction in this area:

10         (1)  STRUCTURAL REQUIREMENTS; MAJOR STRUCTURES.--

11         (a)  Major structures shall conform to the state

12  minimum building code in effect in the jurisdiction.

13         (b)  Mobile homes shall conform to the Federal Mobile

14  Home Construction and Safety Standards or the Uniform

15  Standards Code ANSI book A-119.1, pursuant to s. 320.823, and

16  to the requirements of paragraph (c).

17         (c)  Major structures shall be designed, constructed,

18  and located in compliance with National Flood Insurance

19  Program regulations as found in 44 C.F.R. Parts 59 and 60 or

20  the local flood damage prevention ordinance, whichever is more

21  restrictive.

22         (d)  Major structures, except those conforming to the

23  standards of paragraph (b), shall, at a minimum be designed

24  and constructed in accordance with s. 1205 of the 1986

25  revisions to the 1985 Standard Building Code using a fastest

26  mile-wind velocity of 110 miles per hour except for the

27  Florida Keys which shall use a fastest mile-wind velocity of

28  115 miles per hour.  This does not preclude use of a locally

29  adopted building code which is more restrictive.

30         (e)  Foundation design and construction of a major

31  structure shall consider all anticipated loads resulting from

                                  21

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  1  a 100-year storm event, including wave, hydrostatic, and

  2  hydrodynamic loads acting simultaneously with live and dead

  3  loads. Erosion computations for foundation design shall

  4  account for all vertical and lateral erosion and

  5  scour-producing forces, including localized scour due to the

  6  presence of structural components. Foundation design and

  7  construction shall provide for adequate bearing capacity

  8  taking into consideration the anticipated loss of soil above

  9  the design grade as a result of localized scour.  The erosion

10  computations required by this paragraph do not apply landward

11  of coastal construction control lines which have been

12  established or updated since June 30, 1980.  Upon request, the

13  department may provide information and guidance as to those

14  areas within the coastal building zone where the erosion and

15  scour of a 100-year storm event is applicable.

16         (1)(2)  REGULATION OF COASTAL STRUCTURAL REQUIREMENTS;

17  MINOR STRUCTURES.--Minor structures need not meet specific

18  structural requirements provided in subsection (1), except for

19  the requirements of paragraph (c) and except for applicable

20  provisions of the state minimum building code in effect in the

21  jurisdiction. Such structures shall be designed to produce the

22  minimum adverse impact on the beach and the dune system and

23  adjacent properties and to reduce the potential for water or

24  wind blown material. Construction of a rigid coastal or shore

25  protection structure designed primarily to protect a minor

26  structure shall not be permitted.

27         (2)(3)  REGULATION OF COASTAL STRUCTURAL REQUIREMENTS;

28  NONHABITABLE MAJOR STRUCTURES.--Nonhabitable major structures

29  need not meet specific structural requirements provided in

30  subsection (1), except for the requirements of paragraph (c)

31  and except for applicable provisions of the state minimum

                                  22

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  1  building code in effect in the jurisdiction.  Such structures

  2  shall be designed to produce the minimum adverse impact on the

  3  beach and dune system and shall comply with any applicable

  4  state and local standards not found in this section.  All

  5  sewage treatment plants and public water supply systems shall

  6  be flood proofed to prevent infiltration of surface water from

  7  a 100-year storm event.  Underground utilities, excluding pad

  8  transformers and vaults, shall be flood proofed to prevent

  9  infiltration of surface water from a 100-year storm event or

10  shall otherwise be designed so as to function when submerged

11  by such storm event.

12         (3)(4)  LOCATION OF CONSTRUCTION.--Construction, except

13  for elevated walkways, lifeguard support stands, piers, beach

14  access ramps, gazebos, and coastal or shore protection

15  structures, shall be located a sufficient distance landward of

16  the beach to permit natural shoreline fluctuations and to

17  preserve dune stability.

18         (4)(5)  APPLICATION TO COASTAL BARRIER ISLANDS.--All

19  building requirements of this part which are applicable to the

20  coastal building zone shall also apply to coastal barrier

21  islands.  The coastal building zone on coastal barrier islands

22  shall be the land area from the seasonal high-water line to a

23  line 5,000 feet landward from the coastal construction control

24  line established pursuant to s. 161.053, or the entire island,

25  whichever is less. For coastal barrier islands on which a

26  coastal construction control line has not been established

27  pursuant to s. 161.053, the coastal building zone shall be the

28  land area seaward of the most landward velocity zone (V-zone)

29  boundary line fronting upon the Gulf of Mexico, Atlantic

30  Ocean, Florida Bay, or Straits of Florida.  All land area in

31  the Florida Keys located within Monroe County shall be

                                  23

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  1  included in the coastal building zone.  The coastal building

  2  zone on any coastal barrier island between Sebastian Inlet and

  3  Fort Pierce Inlet may be reduced in size upon approval of the

  4  Land and Water Adjudicatory Commission, if it determines that

  5  the local government with jurisdiction has provided adequate

  6  protection for the barrier island.  In no case, however, shall

  7  the coastal building zone be reduced to an area less than a

  8  line 2,500 feet landward of the coastal construction control

  9  line.  In determining whether the local government with

10  jurisdiction has provided adequate protection, the Land and

11  Water Adjudicatory Commission shall determine that the local

12  government has adopted the 1986 Standard Building Code for the

13  entire barrier island.  The Land and Water Adjudicatory

14  Commission shall withdraw its approval for a reduced coastal

15  building zone if it determines that 6 months after a local

16  government comprehensive plan is due for submission to the

17  state land planning agency pursuant to s. 163.3167 the local

18  government with jurisdiction has not adopted a coastal

19  management element which is in compliance with s. 163.3178.

20         (5)(6)  PUBLIC ACCESS.--Where the public has

21  established an accessway through private lands to lands

22  seaward of the mean high tide or water line by prescription,

23  prescriptive easement, or any other legal means, development

24  or construction shall not interfere with such right of public

25  access unless a comparable alternative accessway is provided.

26  The developer shall have the right to improve, consolidate, or

27  relocate such public accessways so long as the accessways

28  provided by the developer are:

29         (a)  Of substantially similar quality and convenience

30  to the public;

31         (b)  Approved by the local government;

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  1         (c)  Approved by the department whenever improvements

  2  are involved seaward of the coastal construction control line;

  3  and

  4         (d)  Consistent with the coastal management element of

  5  the local comprehensive plan adopted pursuant to s. 163.3178.

  6         Section 9.  Effective January 1, 2001, section 161.56,

  7  Florida Statutes, as amended by section 3 of chapter 98-287,

  8  Laws of Florida, is amended to read:

  9         161.56  Establishment of local enforcement.--

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

11  the Florida Building Code by s. 553.73 and which has a coastal

12  building zone or some portion of a coastal zone within its

13  territorial boundaries shall enforce the requirements of the

14  code established in s. 161.55.

15         (2)  Each local government shall provide evidence to

16  the state land planning agency that it has adopted a building

17  code pursuant to this section.  Within 90 days after January

18  1, 1987, the state land planning agency shall submit to the

19  Administration Commission a list of those local governments

20  which have not submitted such evidence of adoption.  The sole

21  issue before the Administration Commission shall be whether or

22  not to impose sanctions pursuant to s. 163.3184(8).

23         (1)(3)  Nothing in ss. 161.52-161.58 shall be construed

24  to limit or abrogate the right and power of the department to

25  require permits or to adopt and enforce standards pursuant to

26  s. 161.041 or s. 161.053 for construction seaward of the

27  coastal construction control line that are as restrictive as,

28  or more restrictive than, the requirements provided in s.

29  161.55 or the rights or powers of local governments to enact

30  and enforce setback requirements or zoning or building codes

31

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  1  that are as restrictive as, or more restrictive than, the

  2  requirements provided in s. 161.55.

  3         (2)(4)  To assist local governments in the

  4  implementation and enforcement of s. 161.55, the state land

  5  planning agency shall develop and maintain a biennial coastal

  6  building zone construction training program for the local

  7  enforcement agencies specified in subsection (1).  The state

  8  land planning agency shall provide an initial training program

  9  not later than April 1, 1987, and on a recurring biennial

10  basis shall provide a continuing education program beginning

11  July 1, 1989. Registration fees, as determined appropriate by

12  the state land planning agency, may be charged to defray the

13  cost of the program if general revenue funds are not provided

14  for this purpose.  No later than December 1, 1986, the state

15  land planning agency shall further develop a deemed-to-comply

16  manual which contains, as determined appropriate by the state

17  land planning agency, methods, materials, connections,

18  applicability, and other associated information for use by the

19  local enforcement agency in complying with subsection (1).

20         Section 10.  Effective January 1, 2001, section 235.26,

21  Florida Statutes, is amended to read:

22         235.26  State Uniform Building Code for Public

23  Educational Facilities Construction.--

24         (1)  UNIFORM BUILDING CODE.--By January 1, 2001, the

25  Commissioner of Education shall adopt a uniform statewide

26  building code for the planning and construction of public

27  educational and ancillary plants by district school boards and

28  community college district boards of trustees shall be adopted

29  by the Florida Building Commission within the Florida Building

30  Code, pursuant to s. 553.73. The code must be entitled the

31  State Uniform Building Code for Public Educational Facilities

                                  26

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  1  Construction. Included in this code must be flood plain

  2  management criteria in compliance with the rules and

  3  regulations in 44 C.F.R. parts 59 and 60, and subsequent

  4  revisions thereto which are adopted by the Federal Emergency

  5  Management Agency. It is also the responsibility of the

  6  department to develop, as a part of the uniform building code,

  7  standards relating to:

  8         (a)  Prefabricated facilities, factory-built

  9  facilities, or site-built facilities that are designed to be

10  portable, relocatable, demountable, or reconstructible; are

11  used primarily as classrooms; and do not fall under the

12  provisions of ss. 320.822-320.862. Such standards must permit

13  boards to contract with the Department of Community Affairs

14  for factory inspections by certified building code inspectors

15  to certify conformance with applicable law and rules. The

16  standards must comply with the requirements of s. 235.061 for

17  relocatable facilities intended for long-term use as classroom

18  space.

19         (b)  The sanitation of educational and ancillary plants

20  and the health of occupants of educational and ancillary

21  plants.

22         (c)  The safety of occupants of educational and

23  ancillary plants as provided in s. 235.06, except that the

24  firesafety criteria shall be established by the department in

25  cooperation with the State Fire Marshal and such firesafety

26  requirements must be incorporated into the Florida Fire

27  Prevention Code.

28         (d)  Accessibility for children, notwithstanding the

29  provisions of s. 553.512.

30

31

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  1         (e)  The performance of life-cycle cost analyses on

  2  alternative architectural and engineering designs to evaluate

  3  their energy efficiencies.

  4         1.  The life-cycle cost analysis must consist of the

  5  sum of:

  6         a.  The reasonably expected fuel costs over the life of

  7  the building which are required to maintain illumination,

  8  water heating, temperature, humidity, ventilation, and all

  9  other energy-consuming equipment in a facility; and

10         b.  The reasonable costs of probable maintenance,

11  including labor and materials, and operation of the building.

12         2.  For computation of the life-cycle costs, the

13  department shall develop standards that must include, but need

14  not be limited to:

15         a.  The orientation and integration of the facility

16  with respect to its physical site.

17         b.  The amount and type of glass employed in the

18  facility and the directions of exposure.

19         c.  The effect of insulation incorporated into the

20  facility design and the effect on solar utilization of the

21  properties of external surfaces.

22         d.  The variable occupancy and operating conditions of

23  the facility and subportions of the facility.

24         e.  An energy-consumption analysis of the major

25  equipment of the facility's heating, ventilating, and cooling

26  system; lighting system; and hot water system and all other

27  major energy-consuming equipment and systems as appropriate.

28         3.  Life-cycle cost criteria published by the

29  Department of Education for use in evaluating projects.

30         4.  Standards for construction materials and systems

31  based on life-cycle costs that consider initial costs,

                                  28

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  1  maintenance costs, custodial costs, operating costs, and life

  2  expectancy. The standards may include multiple acceptable

  3  materials. It is the intent of the Legislature to require

  4  district school boards to comply with these standards when

  5  expending funds from the Public Education Capital Outlay and

  6  Debt Service Trust Fund or the School District and Community

  7  College District Capital Outlay and Debt Service Trust Fund

  8  and to prohibit district school boards from expending local

  9  capital outlay revenues for any project that includes

10  materials or systems that do not comply with these standards,

11  unless the district school board submits evidence that

12  alternative materials or systems meet or exceed standards

13  developed by the department. Wherever the words "Uniform

14  Building Code" appear, they mean the "State Uniform Building

15  Code for Public Educational Facilities Construction."

16

17  It is not a purpose of the Florida Uniform Building Code to

18  inhibit the use of new materials or innovative techniques; nor

19  may it specify or prohibit materials by brand names. The code

20  must be flexible enough to cover all phases of construction so

21  as to afford reasonable protection for the public safety,

22  health, and general welfare. The department may secure the

23  service of other state agencies or such other assistance as it

24  finds desirable in recommending to the Florida Building

25  Commission revisions to revising the code.

26         (2)  CONFORMITY TO FLORIDA BUILDING CODE AND FLORIDA

27  FIRE PREVENTION STANDARDS REQUIRED FOR APPROVAL.--

28  (1)  UNIFORM BUILDING CODE.--

29         (a)  Except as otherwise provided in paragraph (b), all

30  public educational and ancillary plants constructed by a

31  district school board or a community college district board of

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  1  trustees must conform to the Florida State Uniform Building

  2  Code and the Florida Fire Prevention Code for Public

  3  Educational Facilities Construction, and such plants are

  4  exempt from all other state building codes;, county, district,

  5  municipal, or other local amendments to the Florida Building

  6  Code; building codes, interpretations, building permits, and

  7  assessments of fees for building permits, except as provided

  8  in s. 553.80; ordinances;, road closures;, and impact fees or

  9  service availability fees. Any inspection by local or state

10  government must be based on the Florida Uniform Building Code

11  and the Florida Fire Prevention Code as prescribed by rule.

12  Each board shall provide for periodic inspection of the

13  proposed educational plant during each phase of construction

14  to determine compliance with the state requirements for

15  educational facilities Uniform Building Code.

16         (b)  A district school board or community college

17  district board of trustees may conform with the Florida

18  Building Code and the Florida Fire Prevention Code local

19  building codes and the administration of such codes when

20  constructing ancillary plants that are not attached to

21  educational facilities, if those plants conform to the space

22  size requirements established in the codes Uniform Building

23  code.

24         (c) (2)  CONFORMITY TO UNIFORM BUILDING CODE STANDARDS

25  REQUIRED FOR APPROVAL.--A district school board or community

26  college district board of trustees may not approve any plans

27  for the construction, renovation, remodeling, or demolition of

28  any educational or ancillary plants unless these plans conform

29  to the requirements of the Florida Uniform Building Code and

30  the Florida Fire Prevention Code. Each district school board

31  and community college district board of trustees may adopt

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  1  policies for delegating to the superintendent or community

  2  college president authority for submitting documents to the

  3  department and for awarding contracts subsequent to and

  4  consistent with board approval of the scope, timeframes,

  5  funding source, and budget of a survey-recommended project. It

  6  is also the responsibility of the department to develop, as a

  7  part of the Uniform Building Code, standards relating to:

  8         (a)  Prefabricated facilities, factory-built

  9  facilities, or site-built facilities that are designed to be

10  portable, relocatable, demountable, or reconstructible; are

11  used primarily as classrooms; and do not fall under the

12  provisions of ss. 320.822-320.862. Such standards must permit

13  boards to contract with the Department of Community Affairs

14  for factory inspections by certified Uniform Building Code

15  inspectors to certify conformance with law and with rules of

16  the Commissioner of Education. The standards must comply with

17  the requirements of s. 235.061 for relocatable facilities

18  intended for long-term use as classroom space.

19         (b)  The sanitation of educational and ancillary plants

20  and the health of occupants of educational and ancillary

21  plants.

22         (c)  The safety of occupants of educational and

23  ancillary plants as provided in s. 235.06.

24         (d)  The physically handicapped.

25         (e)  Accessibility for children, notwithstanding the

26  provisions of s. 553.512.

27         (f)  The performance of life-cycle cost analyses on

28  alternative architectural and engineering designs to evaluate

29  their energy efficiencies.

30         1.  The life-cycle cost analysis must consist of the

31  sum of:

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  1         a.  The reasonably expected fuel costs over the life of

  2  the building that are required to maintain illumination, water

  3  heating, temperature, humidity, ventilation, and all other

  4  energy-consuming equipment in a facility; and

  5         b.  The reasonable costs of probable maintenance,

  6  including labor and materials, and operation of the building.

  7         2.  For computation of the life-cycle costs, the

  8  department shall develop standards that must include, but need

  9  not be limited to:

10         a.  The orientation and integration of the facility

11  with respect to its physical site.

12         b.  The amount and type of glass employed in the

13  facility and the directions of exposure.

14         c.  The effect of insulation incorporated into the

15  facility design and the effect on solar utilization of the

16  properties of external surfaces.

17         d.  The variable occupancy and operating conditions of

18  the facility and subportions of the facility.

19         e.  An energy consumption analysis of the major

20  equipment of the facility's heating, ventilating, and cooling

21  system; lighting system; and hot water system and all other

22  major energy-consuming equipment and systems as appropriate.

23         3.  Such standards must be based on the best currently

24  available methods of analysis, including such methods as those

25  of the National Institute of Standards and Technology, the

26  Department of Housing and Urban Development, and other federal

27  agencies and professional societies and materials developed by

28  the Department of Management Services and the department.

29  Provisions must be made for an annual updating of standards as

30  required.

31

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  1         4.  By July 1, 1998, the department shall establish

  2  life-cycle cost criteria in the State Requirements for

  3  Educational Facilities for use in evaluating projects.

  4         5.  By July 1, 1999, the department shall establish

  5  standards for construction materials and systems based on

  6  life-cycle costs that consider initial costs, maintenance

  7  costs, custodial costs, operating costs, and life expectancy.

  8  The standards may include multiple acceptable materials. It is

  9  the intent of the Legislature to require district school

10  boards to conform with these standards when expending funds

11  from the Public Education Capital Outlay and Debt Service

12  Trust Fund or the School District and Community College

13  District Capital Outlay and Debt Service Trust Fund and to

14  prohibit district school boards from expending local capital

15  outlay revenues for any project that includes materials or

16  systems that do not comply with these standards unless the

17  district school board submits evidence that alternative

18  materials or systems meet or exceed standards developed by the

19  department.

20         (3)  ENFORCEMENT BY BOARD.--It is the responsibility of

21  each district school board and community college district

22  board of trustees to ensure that all plans and educational and

23  ancillary plants meet the standards of the Florida Uniform

24  Building Code and the Florida Fire Prevention Code and to

25  provide for the enforcement of these codes this code in the

26  areas of its jurisdiction. Each board shall provide for the

27  proper supervision and inspection of the work.  Each board may

28  employ a chief building official or inspector and such other

29  inspectors, who have been certified by the department or

30  certified pursuant to chapter 468, and such personnel as are

31  necessary to administer and enforce the provisions of this

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  1  code. Boards may also utilize local building department

  2  inspectors who are certified by the department to enforce this

  3  code. Plans or facilities that fail to meet the standards of

  4  the Florida Uniform Building Code or the Florida Fire

  5  Prevention Code may not be approved. When planning for and

  6  constructing an educational, auxiliary, or ancillary facility,

  7  a district school board must use construction materials and

  8  systems that meet standards adopted pursuant to subparagraph

  9  (2)(f)5. If the planned or actual construction of a facility

10  deviates from the adopted standards, the district school board

11  must, at a public hearing, quantify and compare the costs of

12  constructing the facility with the proposed deviations and in

13  compliance with the adopted standards and the Florida Uniform

14  Building Code. The board must explain the reason for the

15  proposed deviations and compare how the total construction

16  costs and projected life-cycle costs of the facility or

17  component system of the facility would be affected by

18  implementing the proposed deviations rather than using

19  materials and systems that meet the adopted standards. The

20  provisions of this subsection do apply to educational,

21  auxiliary, and ancillary facility projects commenced on or

22  after July 1, 1999.

23         (4)  ENFORCEMENT BY DEPARTMENT.--As a further means of

24  ensuring that all educational and ancillary facilities

25  hereafter constructed or materially altered or added to

26  conform to the Florida Uniform Building Code standards or

27  Florida Fire Prevention Code standards, each district school

28  board and community college district board of trustees that

29  undertakes the construction, renovation, remodeling,

30  purchasing, or lease-purchase of any educational plant or

31

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  1  ancillary facility, the cost of which exceeds $200,000, may

  2  submit plans to the department for approval.

  3         (5)  APPROVAL.--

  4         (a)  Before a contract has been let for the

  5  construction, the department, the board, or the board's

  6  authorized review agent must approve the phase III

  7  construction documents. A board may reuse prototype plans on

  8  another site, provided the facilities list and phase III

  9  construction documents have been updated for the new site and

10  for compliance with the Florida Uniform Building Code and the

11  Florida Fire Prevention Code and any laws relating to

12  firesafety, health and sanitation, casualty safety, and

13  requirements for the physically handicapped which are in

14  effect at the time a construction contract is to be awarded.

15         (b)  In reviewing plans for approval, the department,

16  the board, or its review agent as authorized in s. 235.017,

17  shall take into consideration:

18         1.  The need for the new facility.

19         2.  The educational and ancillary plant planning.

20         3.  The architectural and engineering planning.

21         4.  The location on the site.

22         5.  Plans for future expansion.

23         6.  The type of construction.

24         7.  Sanitary provisions.

25         8.  Conformity to Florida Uniform Building Code

26  standards.

27         9.  The structural design and strength of materials

28  proposed to be used.

29         10.  The mechanical design of any heating,

30  air-conditioning, plumbing, or ventilating system. Typical

31  heating, ventilating, and air-conditioning systems preapproved

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  1  by the department for specific applications may be used in the

  2  design of educational facilities.

  3         11.  The electrical design of educational plants.

  4         12.  The energy efficiency and conservation of the

  5  design.

  6         13.  Life-cycle cost considerations.

  7         14.  The design to accommodate physically handicapped

  8  persons.

  9         15.  The ratio of net to gross square footage.

10         16.  The proposed construction cost per gross square

11  foot.

12         17.  Conformity with the Florida Fire Prevention Code.

13         (c)  The board may not occupy a facility until the

14  project has been inspected to verify compliance with statutes,

15  rules, and codes affecting the health and safety of the

16  occupants. Verification of compliance with rules, statutes,

17  and codes for nonoccupancy projects such as roofing, paving,

18  site improvements, or replacement of equipment may be

19  certified by the architect or engineer of record and

20  verification of compliance for other projects may be made by

21  an inspector certified by the department or certified pursuant

22  to chapter 468 who is not the architect or engineer of record.

23  The board shall maintain a record of the project's completion

24  and permanent archive of phase III construction documents,

25  including any addenda and change orders to the project. The

26  boards shall provide project data to the department, as

27  requested, for purposes and reports needed by the Legislature.

28         (6)  REVIEW PROCEDURE.--The Commissioner of Education

29  shall cooperate with the Florida Building Commission in

30  addressing have final review of all questions, disputes, or

31  interpretations involving the provisions of the Florida

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  1  Uniform Building Code which govern the construction of public

  2  educational and ancillary facilities, and any objections to

  3  decisions made by the inspectors or the department must be

  4  submitted in writing.

  5         (7)  BIENNIAL REVIEW AND UPDATE; DISSEMINATION.--The

  6  department shall biennially review and recommend to the

  7  Florida Building Commission updates and revisions to the

  8  provisions of the Florida, update, and revise the Uniform

  9  Building Code which govern the construction of public

10  educational and ancillary facilities. The department shall

11  publish and make available to each district school board and

12  community college district board of trustees at no cost copies

13  of the state requirements for educational facilities code and

14  each amendment and revision thereto. The department shall make

15  additional copies available to all interested persons at a

16  price sufficient to recover costs.

17         (8)  LEGAL EFFECT OF CODE.--The State Uniform Building

18  Code for Public Educational Facilities Construction has the

19  force and effect of law and supersedes any other code adopted

20  by a district school board or community college district board

21  of trustees or any other building code or ordinance for the

22  construction of educational and ancillary plants whether at

23  the local, county, or state level and whether adopted by rule

24  or legislative enactment. All special acts or general laws of

25  local application are hereby repealed to the extent that they

26  conflict with this section.

27         (8)(9)  EDUCATION FACILITIES AS EMERGENCY SHELTERS.--

28         (a)  The Department of Education shall, in consultation

29  with boards and county and state emergency management offices,

30  include within the standards to be developed under subsection

31  (1) amend the State Uniform Building Code for Public

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  1  Educational Facilities Construction to incorporate public

  2  shelter design criteria that shall be incorporated into the

  3  Florida Uniform Building Code. The new criteria must be

  4  designed to ensure that appropriate core facility areas in new

  5  educational facilities can serve as public shelters for

  6  emergency management purposes.  The Commissioner of Education

  7  shall publish proposed amendments to the State Uniform

  8  Building Code for Public Educational Facilities Construction

  9  setting forth the public-shelter criteria by July 1, 1995. A

10  facility, or an appropriate core facility area within a

11  facility, for which a design contract is entered into

12  subsequent to the effective date of the inclusion of the

13  public shelter criteria in the code must be built in

14  compliance with the amended code unless the facility or a part

15  thereof is exempted from using the new shelter criteria due to

16  its location, size, or other characteristics by the applicable

17  board with the concurrence of the applicable local emergency

18  management agency or the Department of Community Affairs.  Any

19  educational facility located or proposed to be located in an

20  identified category 1, 2, or 3 evacuation zone is not subject

21  to the requirements of this subsection.  If more than one

22  educational facility is being constructed within any 3-mile

23  radius, no more than one facility, which must be selected on

24  the basis of cost-effectiveness and greatest provision of

25  shelter space, is required to incorporate the public shelter

26  criteria into its construction.

27         (b)  By January 31, 1996, and by January 31 every

28  even-numbered year thereafter, the Department of Community

29  Affairs shall prepare and submit a statewide emergency shelter

30  plan to the Governor and the Cabinet for approval. The plan

31  must identify the general location and square footage of

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  1  existing shelters, by county, and the general location and

  2  square footage of needed shelters, by county, in the next 5

  3  years.  Such plan must identify the types of public facilities

  4  which should be constructed to comply with emergency shelter

  5  criteria and must recommend an appropriate, adequate, and

  6  dedicated source of funding for the additional cost of

  7  constructing emergency shelters within these public

  8  facilities. After the approval of the plan, a board may not be

  9  required to build more emergency shelter space than identified

10  as needed in the plan, and decisions pertaining to exemptions

11  pursuant to paragraph (a) must be guided by the plan and by

12  this subsection.

13         (9)(10)  LOCAL LEGISLATION PROHIBITED.--After June 30,

14  1985, pursuant to s. 11(a)(21), Art. III of the State

15  Constitution, there shall not be enacted any special act or

16  general law of local application which proposes to amend,

17  alter, or contravene any provisions of the State Building Code

18  adopted under the authority of this section.

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

20  of section 253.033, Florida Statutes, is amended to read:

21         253.033  Inter-American Center property; transfer to

22  board; continued use for government purposes.--

23         (2)  It is hereby recognized that certain governmental

24  entities have expended substantial public funds in acquiring,

25  planning for, or constructing public facilities for the

26  purpose of carrying out or undertaking governmental functions

27  on property formerly under the jurisdiction of the authority.

28  All property owned or controlled by any governmental entity

29  shall be exempt from the Florida Building Code and any local

30  amendments thereto and from local building and zoning

31  regulations which might otherwise be applicable in the absence

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  1  of this section in carrying out or undertaking any such

  2  governmental function and purpose.

  3         Section 12.  Effective January 1, 2001, paragraph (a)

  4  of subsection (1) of section 255.25, Florida Statutes, is

  5  amended to read:

  6         255.25  Approval required prior to construction or

  7  lease of buildings.--

  8         (1)(a)  No state agency may construct a building for

  9  state use or lease space in a private building that is to be

10  constructed for state use unless prior approval of the

11  architectural design and preliminary construction plans is

12  first obtained from the Department of Management Services.

13         Section 13.  Effective January 1, 2001, subsections (1)

14  and (2) of section 255.31, Florida Statutes, are amended to

15  read:

16         255.31  Authority to the Department of Management

17  Services to manage construction projects for state and local

18  governments.--

19         (1)  The design, construction, erection, alteration,

20  modification, repair, and demolition of all public and private

21  buildings is governed by the Florida Building Code and the

22  Florida Fire Prevention Code, which are to be enforced by

23  local jurisdictions or local enforcement districts unless

24  specifically exempted as provided in s. 553.80. However, the

25  Department of Management Services shall provide the project

26  management and administration services for the construction,

27  renovation, repair, modification, or demolition of buildings,

28  utilities, parks, parking lots, or other facilities or

29  improvements for projects for which the funds are appropriated

30  to the department, provided that, with the exception of

31  facilities constructed under the authority of chapters 944,

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  1  945, and 985, the department may not conduct plans reviews or

  2  inspection services for consistency with the Florida Building

  3  Code. The department's fees for such services shall be paid

  4  from such appropriations.

  5         (2)  The Department of Management Services may, upon

  6  request, enter into contracts with other state agencies under

  7  which the department may provide the project management,

  8  administration services, or assistance for the construction,

  9  renovation, repair, modification, or demolition of buildings,

10  utilities, parks, parking lots, or other facilities or

11  improvements for projects for which the funds are appropriated

12  to other state agencies, provided that the department does not

13  conduct plans reviews or inspection services for consistency

14  with the Florida Building Code. The contracts shall provide

15  for payment of fees to the department.

16         Section 14.  Section 316.1955, Florida Statutes, is

17  amended to read:

18         316.1955  Enforcement of parking requirements spaces

19  for persons who have disabilities.--

20         (1)  This section is not intended to expand or diminish

21  the defenses available to a place of public accommodation

22  under the Americans with Disabilities Act and the federal

23  Americans with Disabilities Act Accessibility Guidelines,

24  including, but not limited to, the readily achievable

25  standard, and the standards applicable to alterations to

26  places of public accommodation. Subject to the exceptions

27  described in subsections (2), (4), (5), and (6), when the

28  parking and loading zone requirements of the federal Americans

29  with Disabilities Act Accessibility Guidelines (ADAAG), as

30  adopted by reference in 28 C.F.R. part 36, subparts A and D,

31  and Title II of Pub. L. No. 101-336, provide increased

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  1  accessibility, those requirements are adopted and incorporated

  2  by reference as the law of this state.

  3         (2)  State agencies and political subdivisions having

  4  jurisdiction over street parking or publicly owned or operated

  5  parking facilities are not required to provide a greater

  6  right-of-way width than would otherwise be planned under

  7  regulations, guidelines, or practices normally applied to new

  8  development.

  9         (3)  If parking spaces are provided for self-parking by

10  employees or visitors, or both, accessible spaces shall be

11  provided in each such parking area. Such spaces shall be

12  designed and marked for the exclusive use of those individuals

13  who have a severe physical disability and have permanent or

14  temporary mobility problems that substantially impair their

15  ability to ambulate and who have been issued either a disabled

16  parking permit under s. 316.1958 or s. 320.0848 or a license

17  plate under s. 320.084, s. 320.0842, s. 320.0843, or s.

18  320.0845.

19         (4)  The number of accessible parking spaces must

20  comply with the parking requirements in ADAAG s. 4.1 and the

21  following:

22         (a)  There must be one accessible parking space in the

23  immediate vicinity of a publicly owned or leased building that

24  houses a governmental entity or a political subdivision,

25  including, but not limited to, state office buildings and

26  courthouses, if no parking for the public is provided on the

27  premises of the building.

28         (b)  There must be one accessible parking space for

29  each 150 metered onstreet parking spaces provided by state

30  agencies and political subdivisions.

31

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  1         (c)  The number of parking spaces for persons who have

  2  disabilities must be increased on the basis of demonstrated

  3  and documented need.

  4         (5)  Accessible perpendicular and diagonal accessible

  5  parking spaces and loading zones must be designed and located

  6  in conformance with the guidelines set forth in ADAAG ss.

  7  4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal Parking

  8  Design."

  9         (a)  All spaces must be located on an accessible route

10  no less than 44 inches wide so that users will not be

11  compelled to walk or wheel behind parked vehicles.

12         (b)  Each space must be located on the shortest safely

13  accessible route from the parking space to an accessible

14  entrance. If there are multiple entrances or multiple retail

15  stores, the parking spaces must be dispersed to provide

16  parking at the nearest accessible entrance.  If a theme park

17  or an entertainment complex as defined in s. 509.013(9)

18  provides parking in several lots or areas from which access to

19  the theme park or entertainment complex is provided, a single

20  lot or area may be designated for parking by persons who have

21  disabilities, if the lot or area is located on the shortest

22  safely accessible route to an accessible entrance to the theme

23  park or entertainment complex or to transportation to such an

24  accessible entrance.

25         (c)1.  Each parking space must be no less than 12 feet

26  wide. Parking access aisles must be no less than 5 feet wide

27  and must be part of an accessible route to the building or

28  facility entrance. In accordance with ADAAG s. 4.6.3, access

29  aisles must be placed adjacent to accessible parking spaces;

30  however, two accessible parking spaces may share a common

31

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  1  access aisle. The access aisle must be striped diagonally to

  2  designate it as a no-parking zone.

  3         2.  The parking access aisles are reserved for the

  4  temporary exclusive use of persons who have disabled parking

  5  permits and who require extra space to deploy a mobility

  6  device, lift, or ramp in order to exit from or enter a

  7  vehicle. Parking is not allowed in an access aisle. Violators

  8  are subject to the same penalties that are imposed for

  9  illegally parking in parking spaces that are designated for

10  persons who have disabilities. A vehicle may not be parked in

11  an access aisle, even if the vehicle owner or passenger is

12  disabled or owns a disabled parking permit.

13         3.  Any provision of this subsection to the contrary

14  notwithstanding, a theme park or an entertainment complex as

15  defined in s. 509.013(9) in which are provided continuous

16  attendant services for directing individuals to marked

17  accessible parking spaces or designated lots for parking by

18  persons who have disabilities, may, in lieu of the required

19  parking space design, provide parking spaces that comply with

20  ss. 4.1 and 4.6 of the Americans with Disabilities Act

21  Accessibility Guidelines.

22         (d)  On-street parallel parking spaces must be located

23  either at the beginning or end of a block or adjacent to alley

24  entrances. Such spaces must be designed in conformance with

25  the guidelines set forth in ADAAG ss. 4.6.2 through 4.6.5.

26  exception:  access aisles are not required. Curbs adjacent to

27  such spaces must be of a height that will not interfere with

28  the opening and closing of motor vehicle doors. This

29  subsection does not relieve the owner of the responsibility to

30  comply with the parking requirements of ADAAG ss. 4.1 and 4.6.

31

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  1         (e)  Parallel parking spaces must be even with surface

  2  slopes, may match the grade of the adjacent travel lane, and

  3  must not exceed a cross slope of 1 to 50, where feasible.

  4         (f)  Curb ramps must be located outside of the disabled

  5  parking spaces and access aisles.

  6         (g)1.  The removal of architectural barriers from a

  7  parking facility in accordance with 28 C.F.R. s. 36.304 or

  8  with s. 553.508 must comply with this section unless

  9  compliance would cause the barrier removal not to be readily

10  achievable.  If compliance would cause the barrier removal not

11  to be readily achievable, a facility may provide parking

12  spaces at alternative locations for persons who have

13  disabilities and provide appropriate signage directing persons

14  who have disabilities to the alternative parking if readily

15  achievable.  The facility may not reduce the required number

16  or dimensions of those spaces, nor may it unreasonably

17  increase the length of the accessible route from a parking

18  space to the facility.  The removal of an architectural

19  barrier must not create a significant risk to the health or

20  safety of a person who has a disability or to that of others.

21         2.  A facility that is making alterations under s.

22  553.507(2)(b) must comply with this section to the maximum

23  extent feasible.  If compliance with parking location

24  requirements is not feasible, the facility may provide parking

25  spaces at alternative locations for persons who have

26  disabilities and provide appropriate signage directing persons

27  who have a disability to alternative parking.  The facility

28  may not reduce the required number or dimensions of those

29  spaces, nor may it unnecessarily increase the length of the

30  accessible route from a parking space to the facility.  The

31

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  1  alteration must not create a significant risk to the health or

  2  safety of a person who has a disability or to that of others.

  3         (6)  Each such parking space must be prominently

  4  outlined with blue paint, and must be repainted when

  5  necessary, to be clearly distinguishable as a parking space

  6  designated for persons who have disabilities and must be

  7  posted with a permanent above-grade sign of a color and design

  8  approved by the Department of Transportation, which is placed

  9  on or at a distance of 84 inches above the ground to the

10  bottom of the sign and which bears the international symbol of

11  accessibility meeting the requirements of ADAAG s. 4.30.7 and

12  the caption "PARKING BY DISABLED PERMIT ONLY." Such a sign

13  erected after October 1, 1996, must indicate the penalty for

14  illegal use of the space. Any provision of this section to the

15  contrary notwithstanding, in a theme park or an entertainment

16  complex as defined in s. 509.013(9) in which accessible

17  parking is located in designated lots or areas, the signage

18  indicating the lot as reserved for accessible parking may be

19  located at the entrances to the lot in lieu of a sign at each

20  parking place. This subsection does not relieve the owner of

21  the responsibility of complying with the signage requirements

22  of ADAAG s. 4.30.

23         (1)(7)  It is unlawful for any person to stop, stand,

24  or park a vehicle within, or to obstruct, any such specially

25  designated and marked parking space provided in accordance

26  with s. 553.5041 this section, unless the vehicle displays a

27  disabled parking permit issued under s. 316.1958 or s.

28  320.0848 or a license plate issued under s. 320.084, s.

29  320.0842, s. 320.0843, or s. 320.0845, and the vehicle is

30  transporting the person to whom the displayed permit is

31  issued. The violation may not be dismissed for failure of the

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  1  marking on the parking space to comply with s. 553.5041 this

  2  section if the space is in general compliance and is clearly

  3  distinguishable as a designated accessible parking space for

  4  people who have disabilities. Only a warning may be issued for

  5  unlawfully parking in a space designated for persons with

  6  disabilities if there is no above-grade sign as provided in s.

  7  553.5041 subsection (6).

  8         (a)  Whenever a law enforcement officer, a parking

  9  enforcement specialist, or the owner or lessee of the space

10  finds a vehicle in violation of this subsection, that officer,

11  owner, or lessor shall have the vehicle in violation removed

12  to any lawful parking space or facility or require the

13  operator or other person in charge of the vehicle immediately

14  to remove the unauthorized vehicle from the parking space.

15  Whenever any vehicle is removed under this section to a

16  storage lot, garage, or other safe parking space, the cost of

17  the removal and parking constitutes a lien against the

18  vehicle.

19         (b)  The officer or specialist shall charge the

20  operator or other person in charge of the vehicle in violation

21  with a noncriminal traffic infraction, punishable as provided

22  in s. 316.008(4) or s. 318.18(6).

23         (c)  All convictions for violations of this section

24  must be reported to the Department of Highway Safety and Motor

25  Vehicles by the clerk of the court.

26         (d)  A law enforcement officer or a parking enforcement

27  specialist has the right to demand to be shown the person's

28  disabled parking permit and driver's license or state

29  identification card when investigating the possibility of a

30  violation of this section.  If such a request is refused, the

31

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  1  person in charge of the vehicle may be charged with resisting

  2  an officer without violence, as provided in s. 843.02.

  3         (2)(8)  It is unlawful for any person to obstruct the

  4  path of travel to an accessible parking space, curb cut, or

  5  access aisle by standing or parking a vehicle within any such

  6  designated area. The violator is subject to the same penalties

  7  as are imposed for illegally parking in a space that is

  8  designated as an accessible parking space for persons who have

  9  disabilities.

10         (3)(9)  Any person who is chauffeuring a person who has

11  a disability is allowed, without need for a disabled parking

12  permit or a special license plate, to stand temporarily in any

13  such parking space, for the purpose of loading or unloading

14  the person who has a disability. A penalty may not be imposed

15  upon the driver for such temporary standing.

16         (4)(10)(a)  A vehicle that is transporting a person who

17  has a disability and that has been granted a permit under s.

18  320.0848(1)(a) may be parked for a maximum of 30 minutes in

19  any parking space reserved for persons who have disabilities.

20         (b)  Notwithstanding paragraph (a), a theme park or an

21  entertainment complex as defined in s. 509.013(9) which

22  provides parking in designated areas for persons who have

23  disabilities may allow any vehicle that is transporting a

24  person who has a disability to remain parked in a space

25  reserved for persons who have disabilities throughout the

26  period the theme park is open to the public for that day.

27         Section 15.  Subsection (15) of section 381.006,

28  Florida Statutes, is amended to read:

29         381.006  Environmental health.--The department shall

30  conduct an environmental health program as part of fulfilling

31  the state's public health mission. The purpose of this program

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  1  is to detect and prevent disease caused by natural and manmade

  2  factors in the environment.  The environmental health program

  3  shall include, but not be limited to:

  4         (15)  A sanitary facilities function, which shall

  5  include minimum standards for the maintenance and sanitation

  6  of sanitary facilities; public access to sanitary facilities;

  7  the number, operation, design, and maintenance of plumbing

  8  fixtures in places serving the public and places of

  9  employment; and fixture ratios for special or temporary events

10  and for homeless shelters.

11         Section 16.  Effective January 1, 2001, section

12  383.301, Florida Statutes, is amended to read:

13         383.301  Licensure and regulation of birth centers;

14  legislative intent.--It is the intent of the Legislature to

15  provide for the protection of public health and safety in the

16  establishment, construction, maintenance, and operation of

17  birth centers by providing for licensure of birth centers and

18  for the development, establishment, and enforcement of minimum

19  standards with respect to birth centers.

20         Section 17.  Effective January 1, 2001, subsection (1)

21  of section 383.309, Florida Statutes, is amended, and

22  subsection (3) is added to that section, to read:

23         383.309  Minimum standards for birth centers; rules and

24  enforcement.--

25         (1)  The agency shall adopt and enforce rules to

26  administer ss. 383.30-383.335, which rules shall include, but

27  are not limited to, reasonable and fair minimum standards for

28  ensuring that:

29         (a)  Sufficient numbers and qualified types of

30  personnel and occupational disciplines are available at all

31

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  1  times to provide necessary and adequate patient care and

  2  safety.

  3         (b)  Infection control, housekeeping, sanitary

  4  conditions, disaster plan, and medical record procedures that

  5  will adequately protect patient care and provide safety are

  6  established and implemented.

  7         (c)  Construction, maintenance, repair, and renovation

  8  of licensed facilities are governed by rules of the agency

  9  which use the most recently adopted, nationally recognized

10  codes wherever feasible.  Facilities licensed under s. 383.305

11  are exempt from local construction standards to the extent

12  that those standards are in conflict with the standards

13  adopted by rule of the agency.

14         (c)(d)  Licensed facilities are established, organized,

15  and operated consistent with established programmatic

16  standards.

17         (3)  The agency may not establish any rule governing

18  the design, construction, erection, alteration, modification,

19  repair, or demolition of birth centers. It is the intent of

20  the Legislature to preempt that function to the Florida

21  Building Commission and the State Fire Marshal through

22  adoption and maintenance of the Florida Building Code and the

23  Florida Fire Prevention Code. However, the agency shall

24  provide technical assistance to the commission and the State

25  Fire Marshal in updating the construction standards of the

26  Florida Building Code and the Florida Fire Prevention Code

27  which govern birth centers. In addition, the agency may

28  enforce the special-occupancy provisions of the Florida

29  Building Code and the Florida Fire Prevention Code which apply

30  to birth centers in conducting any inspection authorized under

31  this chapter.

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  1         Section 18.  Effective January 1, 2001, paragraph (f)

  2  of subsection (1) of section 394.879, Florida Statutes, is

  3  amended, and subsection (5) is added to that section, to read:

  4         394.879  Rules; enforcement.--

  5         (1)  The department, in consultation with the agency,

  6  shall adopt rules pursuant to ss. 120.536(1) and 120.54 to

  7  implement the provisions of this chapter, including, at a

  8  minimum, rules providing standards to ensure that:

  9         (f)  Facility construction and design requirements are

10  consistent with the patients' conditions and that The

11  operation and purposes of these facilities assure individuals'

12  health, safety, and welfare.

13         (5)  The agency or the department may not adopt any

14  rule governing the design, construction, erection, alteration,

15  modification, repair, or demolition of crisis stabilization

16  units. It is the intent of the Legislature to preempt that

17  function to the Florida Building Commission and the State Fire

18  Marshal through adoption and maintenance of the Florida

19  Building Code and the Florida Fire Prevention Code. However,

20  the agency shall provide technical assistance to the

21  commission and the State Fire Marshal in updating the

22  construction standards of the Florida Building Code and the

23  Florida Fire Prevention Code which govern crisis stabilization

24  units. In addition, the agency may enforce the

25  special-occupancy provisions of the Florida Building Code and

26  the Florida Fire Prevention Code which apply to crisis

27  stabilization units in conducting any inspection authorized

28  under this part.

29         Section 19.  Paragraph (a) of subsection (1) of section

30  395.0163, Florida Statutes, is amended to read:

31

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  1         395.0163  Construction inspections; plan submission and

  2  approval; fees.--

  3         (1)(a)  The design, construction, erection, alteration,

  4  modification, repair, and demolition of all public and private

  5  health care facilities are governed by the Florida Building

  6  Code and the Florida Fire Prevention Code under ss. 553.73 and

  7  663.022. In addition to the requirements of ss. 553.79 and

  8  553.80, the agency shall review facility plans and survey the

  9  construction of any facility licensed under this chapter. The

10  agency shall make, or cause to be made, such construction

11  inspections and investigations as it deems necessary. The

12  agency may prescribe by rule that any licensee or applicant

13  desiring to make specified types of alterations or additions

14  to its facilities or to construct new facilities shall, before

15  commencing such alteration, addition, or new construction,

16  submit plans and specifications therefor to the agency for

17  preliminary inspection and approval or recommendation with

18  respect to compliance with applicable provisions of the

19  Florida Building Code or agency rules and standards.  The

20  agency shall approve or disapprove the plans and

21  specifications within 60 days after receipt of the fee for

22  review of plans as required in subsection (2).  The agency may

23  be granted one 15-day extension for the review period if the

24  director of the agency approves the extension. If the agency

25  fails to act within the specified time, it shall be deemed to

26  have approved the plans and specifications.  When the agency

27  disapproves plans and specifications, it shall set forth in

28  writing the reasons for its disapproval. Conferences and

29  consultations may be provided as necessary.

30         Section 20.  Effective January 1, 2001, paragraphs (d)

31  and (e) of subsection (1) of section 395.1055, Florida

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  1  Statutes, are repealed, and subsection (8) is added to that

  2  section, to read:

  3         395.1055  Rules and enforcement.--

  4         (8)  The agency may not adopt any rule governing the

  5  design, construction, erection, alteration, modification,

  6  repair, or demolition of any public or private hospital,

  7  intermediate residential treatment facility, or ambulatory

  8  surgical center. It is the intent of the Legislature to

  9  preempt that function to the Florida Building Commission and

10  the State Fire Marshal through adoption and maintenance of the

11  Florida Building Code and the Florida Fire Prevention Code.

12  However, the agency shall provide technical assistance to the

13  commission and the State Fire Marshal in updating the

14  construction standards of the Florida Building Code and the

15  Florida Fire Prevention Code which govern hospitals,

16  intermediate residential treatment facilities, and ambulatory

17  surgical centers.

18         Section 21.  Subsection (8) is added to section

19  395.10973, Florida Statutes, to read:

20         395.10973  Powers and duties of the agency.--It is the

21  function of the agency to:

22         (8)  Enforce the special-occupancy provisions of the

23  Florida Building Code which apply to hospitals, intermediate

24  residential treatment facilities, and ambulatory surgical

25  centers in conducting any inspection authorized by this

26  chapter.

27         Section 22.  Effective January 1, 2001, section 399.02,

28  Florida Statutes, is amended to read:

29         399.02  General requirements.--

30         (1)  The division shall develop and submit to the

31  Florida Building Commission for consideration adopt by rule an

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  1  elevator safety code, which, when adopted within the Florida

  2  Building Code, applies to the installation, relocation, or

  3  alteration of an elevator for which a permit has been issued

  4  after October 1, 1990, and which must be the same as or

  5  similar to the latest revision of "The Safety Code for

  6  Elevators and Escalators ASME A17.1."

  7         (2)(a)  The requirements of this chapter apply to

  8  equipment covered by s. 1.1 of the Elevator Safety Code.

  9         (b)  The equipment not covered by this chapter

10  includes, but is not limited to, the following:  elevators,

11  inclined stairway chairlifts, and inclined or vertical

12  wheelchair lifts located in private residences; elevators in

13  television and radio towers; hand-operated dumbwaiters; sewage

14  pump station lifts; automobile parking lifts; and equipment

15  covered in s. 1.2 of the Elevator Safety Code.

16         (3)  The division may grant exceptions to the Elevator

17  Safety Code as authorized by the Elevator Safety Code.

18         (3)(4)  Each elevator shall have a serial number

19  assigned by the division painted on or attached to the

20  elevator car in plain view and also to the driving mechanism.

21  This serial number shall be shown on all required certificates

22  and permits.

23         (4)(5)(a)  The construction permitholder is responsible

24  for the correction of violations and deficiencies until the

25  elevator has been inspected and a certificate of operation has

26  been issued by the division.  The construction permitholder is

27  responsible for all tests of new and altered equipment until

28  the elevator has been inspected and a certificate of operation

29  has been issued by the division.

30         (b)  The elevator owner is responsible for the safe

31  operation and proper maintenance of the elevator after it has

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  1  been inspected and a certificate of operation has been issued

  2  by the division.  The responsibilities of the elevator owner

  3  may be assigned by lease.

  4         (c)  The elevator owner shall report to the division 60

  5  days before the expiration of the certificate of operation

  6  whether there exists a service maintenance contract, with whom

  7  the contract exists, and the details concerning the provisions

  8  and implementation of the contract which the division

  9  requires.  The division shall keep the names of companies with

10  whom the contract exists confidential pursuant to the public

11  records exemption provided in s. 119.14(4)(b)3. This annual

12  contract report must be made on forms supplied by the

13  division.  The elevator owner must report any material change

14  in the service maintenance contract no fewer than 30 days

15  before the effective date of the change.  The division shall

16  determine whether the provisions of the service maintenance

17  contract and its implementation ensure the safe operation of

18  the elevator.

19         (d)  Each elevator company must register and have on

20  file with the division a certificate of comprehensive general

21  liability insurance evidencing coverage limits in the minimum

22  amounts of $100,000 per person and $300,000 per occurrence and

23  the name of at least one employee who holds a current

24  certificate of competency issued under s. 399.045.

25         (5)(6)  The division is hereby empowered to carry out

26  all of the provisions of this chapter relating to the

27  inspection and regulation of elevators and to enforce the

28  provisions of the Florida Building Code which govern elevators

29  and conveying systems in conducting the inspections authorized

30  under this part to provide for the protection of the public

31  health, welfare, and safety.

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  1         (6)  The division shall annually review the provisions

  2  of the Safety Code for Elevators and Escalators ASME A17.1, or

  3  other related model codes and amendments thereto, and

  4  recommend to the Florida Building Commission revisions to the

  5  Florida Building Code to maintain the protection of the public

  6  health, safety, and welfare.

  7         Section 23.  Effective January 1, 2001, section 399.03,

  8  Florida Statutes, is amended to read:

  9         399.03  Design, installation, and alteration of

10  elevators.--

11         (1)  Each elevator shall comply with the edition of the

12  Florida Building Elevator Safety Code that was in effect at

13  the time of receipt of application for the construction permit

14  for the elevator.

15         (2)  Each alteration to, or relocation of, an elevator

16  shall comply with the edition of the Florida Building Elevator

17  Safety Code that was in effect at the time of receipt of the

18  application for the construction permit for the alteration or

19  relocation.

20         (3)  When any change is made in the classification of

21  an elevator, the elevator shall comply with all of the

22  requirements of the version of the Florida Building Elevator

23  Safety Code that were in effect at the time of receipt of the

24  application for the construction permit for the change in

25  classification.

26         Section 24.  Subsection (1) of section 399.061, Florida

27  Statutes, is amended to read:

28         399.061  Inspections; correction of deficiencies.--

29         (1)(a)  All For those elevators subject to this chapter

30  must be inspected pursuant to s. 399.13 or maintained pursuant

31  to a service maintenance contract continuously in force. A

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  1  statement verifying the existence, performance, and

  2  cancellation of each service maintenance contract must be

  3  filed annually with the division as prescribed by rule. All

  4  elevators for which a service maintenance contract is not

  5  continuously in force, the division shall inspect such

  6  elevators at least once between July 1 of any year and June 30

  7  of the next year, the state's fiscal year.

  8         (b)  When a service maintenance contract is

  9  continuously maintained with an elevator company, the division

10  shall verify with the elevator company before the end of each

11  fiscal year that the contract is in force and is being

12  implemented.  An elevator covered by such a service

13  maintenance contract shall be inspected by a

14  certificate-of-competency holder state elevator inspector at

15  least once every 2 fiscal years; however, if the elevator is

16  not an escalator or a dumbwaiter and the elevator serves only

17  two adjacent floors and is covered by a service maintenance

18  contract, no inspection shall be required so long as the

19  service contract remains in effect.

20         (b)(c)  The division may inspect an elevator whenever

21  necessary to ensure its safe operation.

22         Section 25.  Effective January 1, 2001, subsection (1)

23  of section 399.13, Florida Statutes, is amended to read:

24         399.13  Delegation of authority to municipalities or

25  counties.--

26         (1)  The division may enter into contracts with

27  municipalities or counties under which such municipalities or

28  counties will issue construction permits, temporary operation

29  permits, and certificates of operation; will provide

30  inspection of elevators; and will enforce the applicable

31  provisions of the Florida Building Elevator Safety Code, as

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  1  required by this chapter.  Each such agreement shall include a

  2  provision that the municipality or county shall maintain for

  3  inspection by the division copies of all applications for

  4  permits issued, a copy of each inspection report issued, and

  5  proper records showing the number of certificates of operation

  6  issued; shall include a provision that each required

  7  inspection be conducted by the holder of a certificate of

  8  competency issued by the division; and may include such other

  9  provisions as the division deems necessary.

10         Section 26.  Effective January 1, 2001, section

11  400.011, Florida Statutes, is amended to read:

12         400.011  Purpose.--The purpose of this part is to

13  provide for the development, establishment, and enforcement of

14  basic standards for:

15         (1)  The health, care, and treatment of persons in

16  nursing homes and related health care facilities; and

17         (2)  The construction, maintenance, and operation of

18  such institutions that which will ensure safe, adequate, and

19  appropriate care, treatment, and health of persons in such

20  facilities.

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

22  of subsection (2) of section 400.23, Florida Statutes, is

23  amended to read:

24         400.23  Rules; evaluation and deficiencies; licensure

25  status.--

26         (2)  Pursuant to the intention of the Legislature, the

27  agency, in consultation with the Department of Health and the

28  Department of Elderly Affairs, shall adopt and enforce rules

29  to implement this part, which shall include reasonable and

30  fair criteria in relation to:

31

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  1         (a)  The location and construction of the facility;

  2  including fire and life safety, plumbing, heating, cooling,

  3  lighting, ventilation, and other housing conditions that which

  4  will ensure the health, safety, and comfort of residents,

  5  including an adequate call system.  The agency shall establish

  6  standards for facilities and equipment to increase the extent

  7  to which new facilities and a new wing or floor added to an

  8  existing facility after July 1, 1999, are structurally capable

  9  of serving as shelters only for residents, staff, and families

10  of residents and staff, and equipped to be self-supporting

11  during and immediately following disasters.  The agency shall

12  work with facilities licensed under this part and report to

13  the Governor and Legislature by April 1, 1999, its

14  recommendations for cost-effective renovation standards to be

15  applied to existing facilities. In making such rules, the

16  agency shall be guided by criteria recommended by nationally

17  recognized reputable professional groups and associations with

18  knowledge of such subject matters. The agency shall update or

19  revise such criteria as the need arises. All nursing homes

20  must comply with those lifesafety code requirements and

21  building code standards applicable at the time of approval of

22  their construction plans. The agency may require alterations

23  to a building if it determines that an existing condition

24  constitutes a distinct hazard to life, health, or safety. In

25  performing any inspections of facilities authorized by this

26  part, the agency may enforce the special-occupancy provisions

27  of the Florida Building Code and the Florida Fire Prevention

28  Code which apply to nursing homes. The agency is directed to

29  provide assistance to the Florida Building Commission in

30  updating the construction standards of the code relative to

31  nursing homes. The agency shall adopt fair and reasonable

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  1  rules setting forth conditions under which existing facilities

  2  undergoing additions, alterations, conversions, renovations,

  3  or repairs shall be required to comply with the most recent

  4  updated or revised standards.

  5         Section 28.  Effective January 1, 2001, section

  6  400.232, Florida Statutes, is amended to read:

  7         400.232  Review and approval of plans; fees and

  8  costs.--The design, construction, erection, alteration,

  9  modification, repair, and demolition of all public and private

10  health care facilities are governed by the Florida Building

11  Code and the Florida Fire Prevention Code under ss. 553.73 and

12  633.022. In addition to the requirements of ss. 553.79 and

13  553.80, the agency shall review the facility plans and survey

14  the construction of facilities licensed under this chapter.

15         (1)  The agency shall approve or disapprove the plans

16  and specifications within 60 days after receipt of the final

17  plans and specifications.  The agency may be granted one

18  15-day extension for the review period, if the director of the

19  agency so approves. If the agency fails to act within the

20  specified time, it shall be deemed to have approved the plans

21  and specifications. When the agency disapproves plans and

22  specifications, it shall set forth in writing the reasons for

23  disapproval. Conferences and consultations may be provided as

24  necessary.

25         (2)  The agency is authorized to charge an initial fee

26  of $2,000 for review of plans and construction on all

27  projects, no part of which is refundable.  The agency may also

28  collect a fee, not to exceed 1 percent of the estimated

29  construction cost or the actual cost of review, whichever is

30  less, for the portion of the review which encompasses initial

31  review through the initial revised construction document

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  1  review.  The agency is further authorized to collect its

  2  actual costs on all subsequent portions of the review and

  3  construction inspections.  Initial fee payment shall accompany

  4  the initial submission of plans and specifications.  Any

  5  subsequent payment that is due is payable upon receipt of the

  6  invoice from the agency. Notwithstanding any other provisions

  7  of law to the contrary, all money received by the agency

  8  pursuant to the provisions of this section shall be deemed to

  9  be trust funds, to be held and applied solely for the

10  operations required under this section.

11         Section 29.  Effective January 1, 2001, section

12  468.604, Florida Statutes, is amended to read:

13         468.604  Responsibilities of building code

14  administrators, plans examiners, and inspectors.--

15         (1)  It is the responsibility of the building code

16  administrator or building official to administrate, supervise,

17  direct, enforce, or perform the permitting and inspection of

18  construction, alteration, repair, remodeling, or demolition of

19  structures and the installation of building systems within the

20  boundaries of their governmental jurisdiction, when permitting

21  is required, to ensure compliance with the Florida Building

22  Code and any applicable local technical amendment to the

23  Florida Building Code building, plumbing, mechanical,

24  electrical, gas fuel, energy conservation, accessibility, and

25  other construction codes which are required or adopted by

26  municipal code, county ordinance, or state law. The building

27  code administrator or building official shall faithfully

28  perform these responsibilities without interference from any

29  person. These responsibilities include:

30         (a)  The review of construction plans to ensure

31  compliance with all applicable sections of the code codes. The

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  1  construction plans must be reviewed before the issuance of any

  2  building, system installation, or other construction permit.

  3  The review of construction plans must be done by the building

  4  code administrator or building official or by a person having

  5  the appropriate plans examiner license issued under this

  6  chapter.

  7         (b)  The inspection of each phase of construction where

  8  a building or other construction permit has been issued. The

  9  building code administrator or building official, or a person

10  having the appropriate building code inspector license issued

11  under this chapter, shall inspect the construction or

12  installation to ensure that the work is performed in

13  accordance with applicable sections of the code codes.

14         (2)  It is the responsibility of the building code

15  inspector to conduct inspections of construction, alteration,

16  repair, remodeling, or demolition of structures and the

17  installation of building systems, when permitting is required,

18  to ensure compliance with the Florida Building Code and any

19  applicable local technical amendment to the Florida Building

20  Code building, plumbing, mechanical, electrical, gas fuel,

21  energy conservation, accessibility, and other construction

22  codes required by municipal code, county ordinance, or state

23  law. Each building code inspector must be licensed in the

24  appropriate category as defined in s. 468.603. The building

25  code inspector's responsibilities must be performed under the

26  direction of the building code administrator or building

27  official without interference from any unlicensed person.

28         (3)  It is the responsibility of the plans examiner to

29  conduct review of construction plans submitted in the permit

30  application to assure compliance with the Florida Building

31  Code and any applicable local technical amendment to the

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  1  Florida Building Code all applicable codes required by

  2  municipal code, county ordinance, or state law. The review of

  3  construction plans must be done by the building code

  4  administrator or building official or by a person licensed in

  5  the appropriate plans examiner category as defined in s.

  6  468.603. The plans examiner's responsibilities must be

  7  performed under the supervision and authority of the building

  8  code administrator or building official without interference

  9  from any unlicensed person.

10         Section 30.  Section 468.607, Florida Statutes, is

11  amended to read:

12         468.607  Certification of building code administration

13  and inspection personnel.--The board shall issue a certificate

14  to any individual whom the board determines to be qualified,

15  within such class and level as provided in this part and with

16  such limitations as the board may place upon it.  No person

17  may be employed by a state agency or local governmental

18  authority to perform the duties of a building code

19  administrator, plans examiner, or inspector after October 1,

20  1993, without possessing the proper valid certificate issued

21  in accordance with the provisions of this part. Any person who

22  acts as an inspector and plan examiner under s. 235.26 while

23  conducting activities authorized by certification under that

24  section is certified to continue to conduct inspections for a

25  local government until the person's UBCI certification

26  expires, after which time such person must possess the proper

27  valid certificate issued in accordance with this part.

28         Section 31.  Subsections (2) and (3) of section

29  468.609, Florida Statutes, are amended to read:

30         468.609  Administration of this part; standards for

31  certification; additional categories of certification.--

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  1         (2)  A person may shall be entitled to take the

  2  examination for certification as an inspector or plans

  3  examiner pursuant to this part if the person:

  4         (a)  Is at least 18 years of age.;

  5         (b)  Is of good moral character.; and

  6         (c)  Meets eligibility requirements according to one of

  7  the following criteria:

  8         1.  Demonstrates 5 years' combined experience in the

  9  field of construction or a related field, building inspection,

10  or plans review corresponding to the certification category

11  sought;

12         2.  Demonstrates a combination of postsecondary

13  education in the field of construction or a related field and

14  experience which totals 4 years, with at least 1 year of such

15  total being experience in construction, building inspection,

16  or plans review;

17         3.  Demonstrates a combination of technical education

18  in the field of construction or a related field and experience

19  which totals 4 years, with at least 1 year of such total being

20  experience in construction, building inspection, or plans

21  review; or

22         4.  Currently holds a standard certificate as issued by

23  the board and satisfactorily completes an inspector or plans

24  examiner training program of not less than 200 hours in the

25  certification category sought. The board shall establish by

26  rule criteria for the development and implementation of the

27  training programs.

28         (d)  After the Building Code Training Program is

29  established under s. 553.841, demonstrates successful

30  completion of the core curriculum and specialized or advanced

31  module coursework approved by the Florida Building Commission,

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  1  as part of the Building Code Training Program established

  2  pursuant to s. 553.841, appropriate to the licensing category

  3  sought or, pursuant to authorization by the certifying

  4  authority, provides proof of completion of such curriculum or

  5  coursework within 6 months after such certification.

  6         (3)  A person may shall be entitled to take the

  7  examination for certification as a building code administrator

  8  pursuant to this part if the person:

  9         (a)  Is at least 18 years of age.;

10         (b)  Is of good moral character.; and

11         (c)  Meets eligibility requirements according to one of

12  the following criteria:

13         1.  Demonstrates 10 years' combined experience as an

14  architect, engineer, plans examiner, building code inspector,

15  registered or certified contractor, or construction

16  superintendent, with at least 5 years of such experience in

17  supervisory positions; or

18         2.  Demonstrates a combination of postsecondary

19  education in the field of construction or related field, no

20  more than 5 years of which may be applied, and experience as

21  an architect, engineer, plans examiner, building code

22  inspector, registered or certified contractor, or construction

23  superintendent which totals 10 years, with at least 5 years of

24  such total being experience in supervisory positions.

25         (d)  After the Building Code Training Program is

26  established under s. 553.841, demonstrates successful

27  completion of the core curriculum and specialized or advanced

28  module coursework approved by the Florida Building Commission,

29  as part of the Building Code Training Program established

30  pursuant to s. 553.841, appropriate to the licensing category

31  sought or, pursuant to authorization by the certifying

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  1  authority, provides proof of completion of such curriculum or

  2  coursework within 6 months after such certification.

  3         Section 32.  Section 468.617, Florida Statutes, is

  4  amended to read:

  5         468.617  Joint inspection department; other

  6  arrangements.--

  7         (1)  Nothing in this part shall prohibit any local

  8  jurisdiction, school board, community college board, state

  9  university, or state agency from entering into and carrying

10  out contracts with any other local jurisdiction or educational

11  board under which the parties agree to create and support a

12  joint inspection department for conforming to the provisions

13  of this part.  In lieu of a joint inspection department, any

14  local jurisdiction may designate an inspector from another

15  local jurisdiction to serve as an inspector for the purposes

16  of this part.

17         (2)  Nothing in this part shall prohibit local

18  governments, school boards, community college boards, state

19  universities, or state agencies from contracting with persons

20  certified pursuant to this part to perform inspections or plan

21  reviews. An individual or entity may not inspect or examine

22  plans on projects in which the individual or entity designed

23  or permitted the projects.

24         (3)  Nothing in this part shall prohibit any county or

25  municipal government, school board, community college board,

26  state university, or state agency from entering into any

27  contract with any person or entity for the provision of

28  services regulated under this part, and notwithstanding any

29  other statutory provision, such county or municipal

30  governments may enter into contracts.

31

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

  2  of subsection (1) of section 469.002, Florida Statutes, is

  3  amended to read:

  4         469.002  Exemptions.--

  5         (1)  This chapter does not apply to:

  6         (d)  Moving, removal, or disposal of

  7  asbestos-containing materials on a residential building where

  8  the owner occupies the building, the building is not for sale

  9  or lease, and the work is performed according to the

10  owner-builder limitations provided in this paragraph. To

11  qualify for exemption under this paragraph, an owner must

12  personally appear and sign the building permit application.

13  The permitting agency shall provide the person with a

14  disclosure statement as provided in chapter 1 of the Florida

15  Building Code. in substantially the following form:

16

17                       Disclosure Statement

18

19         State law requires asbestos abatement to be done by

20  licensed contractors. You have applied for a permit under an

21  exemption to that law. The exemption allows you, as the owner

22  of your property, to act as your own asbestos abatement

23  contractor even though you do not have a license. You must

24  supervise the construction yourself. You may move, remove, or

25  dispose of asbestos-containing materials on a residential

26  building where you occupy the building and the building is not

27  for sale or lease, or the building is a farm outbuilding on

28  your property. If you sell or lease such building within 1

29  year after the asbestos abatement is complete, the law will

30  presume that you intended to sell or lease the property at the

31  time the work was done, which is a violation of this

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  1  exemption. You may not hire an unlicensed person as your

  2  contractor. Your work must be done according to all local,

  3  state, and federal laws and regulations which apply to

  4  asbestos abatement projects. It is your responsibility to make

  5  sure that people employed by you have licenses required by

  6  state law and by county or municipal licensing ordinances.

  7         Section 34.  Subsection (7) is added to section

  8  471.015, Florida Statutes, to read:

  9         471.015  Licensure.--

10         (7)  The board shall, by rule, establish qualifications

11  for certification of licensees as special inspectors of

12  threshold buildings, as defined in ss. 553.71 and 553.79, and

13  shall compile a list of persons who are certified. A special

14  inspector is not required to meet standards for certification

15  other than those established by the board, and the fee owner

16  of a threshold building may not be prohibited from selecting

17  any person certified by the board to be a special inspector.

18  The board shall develop minimum qualifications for the

19  qualified representative of the special inspector who is

20  authorized to perform inspections of threshold buildings on

21  behalf of the special inspector under s. 553.79.

22         Section 35.  Subsection (7) is added to section

23  481.213, Florida Statutes, to read:

24         481.213  Licensure.--

25         (7)  For persons whose licensure requires satisfaction

26  of the requirements of ss. 481.209 and 481.211, the board

27  shall, by rule, establish qualifications for certification of

28  such persons as special inspectors of threshold buildings, as

29  defined in ss. 553.71 and 553.79, and shall compile a list of

30  persons who are certified. A special inspector is not required

31  to meet standards for certification other than those

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  1  established by the board, and the fee owner of a threshold

  2  building may not be prohibited from selecting any person

  3  certified by the board to be a special inspector. The board

  4  shall develop minimum qualifications for the qualified

  5  representative of the special inspector who is authorized

  6  under s. 553.79 to perform inspections of threshold buildings

  7  on behalf of the special inspector.

  8         Section 36.  Effective January 1, 2001, subsection (19)

  9  of section 489.103, Florida Statutes, is amended to read:

10         489.103  Exemptions.--This part does not apply to:

11         (19)  The sale, delivery, assembly, or tie-down of

12  prefabricated portable sheds that are not more than 250 square

13  feet in interior size and are not intended for use as a

14  residence or as living quarters. This exemption may not be

15  construed to interfere with the Florida Building Code or any

16  applicable local technical amendment to the Florida Building

17  Code local building codes, local licensure requirements, or

18  other local ordinance provisions.

19         Section 37.  Effective July 1, 2000, subsection (7) is

20  added to section 489.107, Florida Statutes, to read:

21         489.107  Construction Industry Licensing Board.--

22         (7)  Notwithstanding s. 20.165, the physical offices of

23  the board shall be located in Leon County.

24         Section 38.  Paragraph (b) of subsection (4) of section

25  489.115, Florida Statutes, is amended to read:

26         489.115  Certification and registration; endorsement;

27  reciprocity; renewals; continuing education.--

28         (4)

29         (b)1.  Each certificateholder or registrant shall

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

31  that the certificateholder or registrant has completed at

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

  2  continuing education courses during each biennium since the

  3  issuance or renewal of the certificate or registration.  The

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

  5  14 hours must deal with the subject of workers' compensation,

  6  business practices, and workplace safety.  The board shall by

  7  rule establish criteria for the approval of continuing

  8  education courses and providers, including requirements

  9  relating to the content of courses and standards for approval

10  of providers, and may by rule establish criteria for accepting

11  alternative nonclassroom continuing education on an

12  hour-for-hour basis.  The board shall prescribe by rule the

13  continuing education, if any, which is required during the

14  first biennium of initial licensure. A person who has been

15  licensed for less than an entire biennium must not be required

16  to complete the full 14 hours of continuing education.

17         2.  In addition, the board may approve specialized

18  continuing education courses on compliance with the wind

19  resistance provisions for one and two family dwellings

20  contained in the State Minimum Building Codes and any

21  alternate methodologies for providing such wind resistance

22  which have been approved for use by the Florida Building

23  Commission Board of Building Codes and Standards.  Division I

24  certificateholders or registrants who demonstrate proficiency

25  upon completion of such specialized courses may certify plans

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

27  compliance with the code or alternate methodologies, as

28  appropriate, except for dwellings located in floodways or

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

30  National Flood Insurance Program.

31

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  1         3.  Each certificateholder or registrant shall provide

  2  to the board proof of completion of the core curriculum

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

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

  5  licensing category sought, within 2 years after commencement

  6  of the program or of initial certification or registration,

  7  whichever is later.  Classroom hours spent taking core

  8  curriculum courses shall count toward the number required for

  9  renewal of certificates or registration.  A certificateholder

10  or registrant who passes the equivalency test in lieu of

11  taking the core curriculum courses shall receive full credit

12  for core curriculum course hours.

13         Section 39.  Effective January 1, 2001, paragraph (b)

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

15  amended by section 21 of chapter 98-287, Laws of Florida, and

16  by this act, is reenacted to read:

17         489.115  Certification and registration; endorsement;

18  reciprocity; renewals; continuing education.--

19         (4)

20         (b)1.  Each certificateholder or registrant shall

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

22  that the certificateholder or registrant has completed at

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

24  continuing education courses during each biennium since the

25  issuance or renewal of the certificate or registration.  The

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

27  14 hours must deal with the subject of workers' compensation,

28  business practices, and workplace safety.  The board shall by

29  rule establish criteria for the approval of continuing

30  education courses and providers, including requirements

31  relating to the content of courses and standards for approval

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  1  of providers, and may by rule establish criteria for accepting

  2  alternative nonclassroom continuing education on an

  3  hour-for-hour basis.  The board shall prescribe by rule the

  4  continuing education, if any, which is required during the

  5  first biennium of initial licensure.  A person who has been

  6  licensed for less than an entire biennium must not be required

  7  to complete the full 14 hours of continuing education.

  8         2.  In addition, the board may approve specialized

  9  continuing education courses on compliance with the wind

10  resistance provisions for one and two family dwellings

11  contained in the Florida Building Code and any alternate

12  methodologies for providing such wind resistance which have

13  been approved for use by the Florida Building Commission.

14  Division I certificateholders or registrants who demonstrate

15  proficiency upon completion of such specialized courses may

16  certify plans and specifications for one and two family

17  dwellings to be in compliance with the code or alternate

18  methodologies, as appropriate, except for dwellings located in

19  floodways or coastal hazard areas as defined in ss. 60.3D and

20  E of the National Flood Insurance Program.

21         3.  Each certificateholder or registrant shall provide

22  to the board proof of completion of the core curriculum

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

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

25  licensing category sought, within 2 years after commencement

26  of the program or of initial certification or registration,

27  whichever is later.  Classroom hours spent taking core

28  curriculum courses shall count toward the number required for

29  renewal of certificates or registration.  A certificateholder

30  or registrant who passes the equivalency test in lieu of

31

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  1  taking the core curriculum courses shall receive full credit

  2  for core curriculum course hours.

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

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

  5  specialized or advanced module courses, approved by the

  6  Florida Building Commission, on any portion of the Florida

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

  8  relating to the contractor's respective discipline.

  9         Section 40.  Section 497.255, Florida Statutes, is

10  amended to read:

11         497.255  Standards for construction and significant

12  alteration or renovation of mausoleums and columbaria.--

13         (1)  All newly constructed and significantly altered or

14  renovated mausoleums and columbaria must, in addition to

15  complying with applicable building codes, conform to the

16  standards adopted under this section.

17         (2)  The board shall adopt, by no later than July 1,

18  1999, rules establishing minimum standards for all newly

19  constructed and significantly altered or renovated mausoleums

20  and columbaria; however, in the case of significant

21  alterations or renovations to existing structures, the rules

22  shall apply only, when physically feasible, to the newly

23  altered or renovated portion of such structures, except as

24  specified in subsection (4).  In developing and promulgating

25  said rules, the board may define different classes of

26  structures or construction standards, and may provide for

27  different rules to apply to each of said classes, if the

28  designation of classes and the application of different rules

29  is in the public interest and is supported by findings by the

30  board based on evidence of industry practices, economic and

31  physical feasibility, location, or intended uses; provided,

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  1  that the rules shall provide minimum standards applicable to

  2  all construction.  For example, and without limiting the

  3  generality of the foregoing, the board may determine that a

  4  small single-story ground level mausoleum does not require the

  5  same level of construction standards that a large multistory

  6  mausoleum might require; or that a mausoleum located in a

  7  low-lying area subject to frequent flooding or hurricane

  8  threats might require different standards than one located on

  9  high ground in an area not subject to frequent severe weather

10  threats.  The board shall develop the rules in cooperation

11  with, and with technical assistance from, the Florida Board of

12  Building Commission Codes and Standards of the Department of

13  Community Affairs, to ensure that the rules are in the proper

14  form and content to be included as part of the State Minimum

15  Building Codes under part VII of chapter 553. If the Florida

16  Board of Building Commission Codes and Standards advises that

17  some of the standards proposed by the board are not

18  appropriate for inclusion in such building codes, the board

19  may choose to include those standards in a distinct chapter of

20  its rules entitled "Non-Building-Code Standards for

21  Mausoleums" or "Additional Standards for Mausoleums," or other

22  terminology to that effect. If the board elects to divide the

23  standards into two or more chapters, all such rules shall be

24  binding on licensees and others subject to the jurisdiction of

25  the board, but only the chapter containing provisions

26  appropriate for building codes shall be transmitted to the

27  Florida Board of Building Commission Codes and Standards

28  pursuant to subsection (3). Such rules may be in the form of

29  standards for design and construction; methods, materials, and

30  specifications for construction; or other mechanisms. Such

31  rules shall encompass, at a minimum, the following standards:

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  1         (a)  No structure may be built or significantly altered

  2  for use for interment, entombment, or inurnment purposes

  3  unless constructed of such material and workmanship as will

  4  ensure its durability and permanence, as well as the safety,

  5  convenience, comfort, and health of the community in which it

  6  is located, as dictated and determined at the time by modern

  7  mausoleum construction and engineering science.

  8         (b)  Such structure must be so arranged that the

  9  exterior of any vault, niche, or crypt may be readily examined

10  at any time by any person authorized by law to do so.

11         (c)  Such structure must contain adequate provision for

12  drainage and ventilation.

13         (d)  Such structure must be of fire-resistant

14  construction. Notwithstanding the requirements of s. 553.895

15  and chapter 633, any mausoleum or columbarium constructed of

16  noncombustible materials, as defined in the Standard Building

17  Code, shall not require a sprinkler system.

18         (e)  Such structure must be resistant to hurricane and

19  other storm damage to the highest degree provided under

20  applicable building codes for buildings of that class.

21         (f)  Suitable provisions must be made for securely and

22  permanently sealing each crypt with durable materials after

23  the interment or entombment of human remains, so that no

24  effluvia or odors may escape therefrom except as provided by

25  design and sanitary engineering standards. Panels for

26  permanent seals must be solid and constructed of materials of

27  sufficient weight, permanence, density, imperviousness, and

28  strength as to ensure their durability and continued

29  functioning. Permanent crypt sealing panels must be securely

30  installed and set in with high quality fire-resistant,

31  resilient, and durable materials after the interment or

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  1  entombment of human remains. The outer or exposed covering of

  2  each crypt must be of a durable, permanent, fire-resistant

  3  material; however, plastic, fiberglass, and wood are not

  4  acceptable materials for such outer or exposed coverings.

  5         (g)  Interior and exterior fastenings for hangers,

  6  clips, doors, and other objects must be of copper, copper-base

  7  alloy, aluminum, or stainless steel of adequate gauges, or

  8  other materials established by rule which provide equivalent

  9  or better strength and durability, and must be properly

10  installed.

11         (3)  The board shall transmit the rules as adopted

12  under subsection (2), hereinafter referred to as the

13  "mausoleum standards," to the Florida Board of Building

14  Commission Codes and Standards, which shall initiate

15  rulemaking under chapter 120 to consider such mausoleum

16  standards. If such mausoleum standards are not deemed

17  acceptable, they shall be returned by the Florida Board of

18  Building Commission Codes and Standards to the board with

19  details of changes needed to make them acceptable. If such

20  mausoleum standards are acceptable, the Florida Board of

21  Building Commission Codes and Standards shall adopt a rule

22  designating the mausoleum standards as an approved revision to

23  the State Minimum Building Codes under part VII of chapter

24  553. When so designated by the Florida Board of Building

25  Commission Codes and Standards, such mausoleum standards shall

26  become a required element of the State Minimum Building Codes

27  under s. 553.73(2) and shall be transmitted to each local

28  enforcement agency, as defined in s. 553.71(5). Such local

29  enforcement agency shall consider and inspect for compliance

30  with such mausoleum standards as if they were part of the

31  local building code, but shall have no continuing duty to

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  1  inspect after final approval of the construction pursuant to

  2  the local building code. Any further amendments to the

  3  mausoleum standards shall be accomplished by the same

  4  procedure. Such designated mausoleum standards, as from time

  5  to time amended, shall be a part of the State Minimum Building

  6  Codes under s. 553.73 until the adoption and effective date of

  7  a new statewide uniform minimum building code, which may

  8  supersede the mausoleum standards as provided by the law

  9  enacting the new statewide uniform minimum building code.

10         (4)  In addition to the rules adopted under subsection

11  (2), the board shall adopt rules providing that following all

12  interments, inurnments, and entombments in mausoleums and

13  columbaria occurring after the effective date of such rules,

14  whether newly constructed or existing, suitable provision must

15  be made, when physically feasible, for sealing each crypt in

16  accordance with standards promulgated pursuant to paragraph

17  (2)(f).

18         (5)  For purposes of this section, "significant

19  alteration or renovation" means any addition, renovation, or

20  repair which results in the creation of new crypt or niche

21  spaces.

22         Section 41.  Effective January 1, 2001, subsection (8)

23  is added to section 500.09, Florida Statutes, to read:

24         500.09  Rulemaking; analytical work.--

25         (8)  The department may adopt rules necessary for the

26  sanitary manufacture, processing, or handling of food, except

27  for those governing the design, construction, erection,

28  alteration, modification, repair, or demolition of any

29  building, structure, or facility wherein food products are

30  manufactured, processed, handled, stored, sold, or

31  distributed. It is the intent of the Legislature to preempt

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  1  those functions to the Florida Building Commission through

  2  adoption and maintenance of the Florida Building Code. The

  3  department shall provide technical assistance to the

  4  commission in updating the construction standards of the

  5  Florida Building Code which relate to food safety. However,

  6  the department is authorized to enforce the provisions of the

  7  Florida Building Code which apply to food establishments in

  8  conducting any inspections authorized by this chapter.

  9         Section 42.  Effective January 1, 2001, subsections (7)

10  and (8) are added to section 500.12, Florida Statutes, to

11  read:

12         500.12  Food permits; building permits.--

13         (7)  In conducting any preoperational or other

14  inspection, the department may enforce provisions of the

15  Florida Building Code relating to food establishments.

16         (8)  Any person who, after October 1, 2000, applies for

17  or renews a local occupational license to engage in business

18  as a food establishment must exhibit a current food permit or

19  an active letter of exemption from the department before the

20  local occupational license may be issued or renewed.

21         Section 43.  Effective January 1, 2001, subsection (1)

22  of section 500.147, Florida Statutes, is amended to read:

23         500.147  Inspection of food establishments and

24  vehicles; food safety pilot program.--

25         (1)  The department or its duly authorized agent shall

26  have free access at all reasonable hours to any food

27  establishment or any vehicle being used to transport or hold

28  food in commerce for the purpose of inspecting such

29  establishment or vehicle to determine if any provision of this

30  chapter or any rule adopted under the chapter is being

31  violated; to secure a sample or a specimen of any food after

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  1  paying or offering to pay for such sample; or to see that all

  2  sanitary rules adopted by the department are complied with; or

  3  to enforce the special-occupancy provisions of the Florida

  4  Building Code which apply to food establishments.

  5         Section 44.  Effective January 1, 2001, paragraph (d)

  6  of subsection (2) and subsection (7) of section 509.032,

  7  Florida Statutes, are amended to read:

  8         509.032  Duties.--

  9         (2)  INSPECTION OF PREMISES.--

10         (d)  The division shall adopt and enforce sanitation

11  rules consistent with law to ensure the protection of the

12  public from food-borne illness in those establishments

13  licensed under this chapter.  These rules shall provide the

14  standards and requirements for obtaining, storing, preparing,

15  processing, serving, or displaying food in public food service

16  establishments, approving public food service establishment

17  facility plans, conducting necessary public food service

18  establishment inspections for compliance with sanitation

19  regulations, cooperating and coordinating with the Department

20  of Health in epidemiological investigations, and initiating

21  enforcement actions, and for other such responsibilities

22  deemed necessary by the division. The division may not

23  establish by rule any regulation governing the design,

24  construction, erection, alteration, modification, repair, or

25  demolition of any public lodging or public food service

26  establishment. It is the intent of the Legislature to preempt

27  that function to the Florida Building Commission and the State

28  Fire Marshal through adoption and maintenance of the Florida

29  Building Code and the Florida Fire Prevention Code. The

30  division shall provide technical assistance to the commission

31  and the State Fire Marshal in updating the construction

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  1  standards of the Florida Building Code and the Florida Fire

  2  Prevention Code which govern public lodging and public food

  3  service establishments. Further, the division shall enforce

  4  the provisions of the Florida Building Code and the Florida

  5  Fire Prevention Code which apply to public lodging and public

  6  food service establishments in conducting any inspections

  7  authorized by this part.

  8         (7)  PREEMPTION AUTHORITY.--The regulation and

  9  inspection of public lodging establishments and public food

10  service establishments, the inspection of public lodging

11  establishments and public food service establishments for

12  compliance with the sanitation standards adopted under this

13  section, and the regulation of food safety protection

14  standards for required training and testing of food service

15  establishment personnel are preempted to the state. This

16  subsection does not preempt the authority of a local

17  government or local enforcement district to conduct

18  inspections of public lodging and public food service

19  establishments for compliance with the Florida Building Code

20  and the Florida Fire Prevention Code, pursuant to ss. 553.80

21  and 633.022.

22         Section 45.  Effective January 1, 2001, subsection (1)

23  of section 509.221, Florida Statutes, is amended to read:

24         509.221  Sanitary regulations.--

25         (1)  Each public lodging establishment and each public

26  food service establishment shall be supplied with potable

27  water and shall provide adequate sanitary facilities for the

28  accommodation of its employees and guests. Such facilities may

29  include, but are not limited to, showers, handwash basins,

30  toilets, and bidets. Such sanitary facilities shall be

31  connected to approved plumbing. Such plumbing shall be sized,

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  1  installed, and maintained in accordance with the Florida

  2  Building Code applicable state and local plumbing codes.

  3  Wastewater or sewage shall be properly treated onsite or

  4  discharged into an approved sewage collection and treatment

  5  system.

  6         Section 46.  Effective January 1, 2001, section

  7  514.021, Florida Statutes, is amended to read:

  8         514.021  Department authorization.--

  9         (1)  The department is authorized to adopt and enforce

10  rules to protect the health, safety, or welfare of persons

11  using public swimming pools and bathing places.  The

12  department shall review and revise such rules as necessary,

13  but not less than biannually. Sanitation and safety standards

14  shall include, but not be limited to, matters relating to

15  structure; appurtenances; operation; source of water supply;

16  bacteriological, chemical, and physical quality of water in

17  the pool or bathing area; method of water purification,

18  treatment, and disinfection; lifesaving apparatus; measures to

19  ensure safety of bathers; and measures to ensure the personal

20  cleanliness of bathers.

21         (2)  The department may not establish by rule any

22  regulation governing the design, alteration, modification, or

23  repair of public swimming pools and bathing places which has

24  no impact on the health, safety, and welfare of persons using

25  public swimming pools and bathing places. Further, the

26  department may not adopt by rule any regulation governing the

27  construction, erection, or demolition of public swimming pools

28  and bathing places. It is the intent of the Legislature to

29  preempt those functions to the Florida Building Commission

30  through adoption and maintenance of the Florida Building Code.

31  The department shall provide technical assistance to the

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  1  commission in updating the construction standards of the

  2  Florida Building Code which govern public swimming pools and

  3  bathing places. Further, the department is authorized to

  4  conduct plan reviews, to issue approvals, and to enforce the

  5  special-occupancy provisions of the Florida Building Code

  6  which apply to public swimming pools and bathing places in

  7  conducting any inspections authorized by this chapter. This

  8  subsection does not abrogate the authority of the department

  9  to adopt and enforce appropriate sanitary regulations and

10  requirements as authorized in subsection (1).

11         Section 47.  Effective January 1, 2001, section 514.03,

12  Florida Statutes, is amended to read:

13         514.03  Construction plans approval necessary to

14  construct, develop, or modify public swimming pools or bathing

15  places.--It is unlawful for any person or public body to

16  construct, develop, or modify any public swimming pool or

17  bathing place without a valid construction plans approval from

18  the department. This section does not preempt the authority of

19  local governments or local enforcement districts to conduct

20  plan reviews and inspections of public swimming pools and

21  bathing places for compliance with the general construction

22  standards of the Florida Building Code, pursuant to s. 553.80.

23         (1)  Any person or public body desiring to construct,

24  develop, or modify any public swimming pool or bathing place

25  shall file an application for a construction plans approval

26  with the department on application forms provided by the

27  department and shall accompany such application with:

28         (a)  Engineering drawings, specifications,

29  descriptions, and detailed maps of the structure, its

30  appurtenances, and its intended operation.

31

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  1         (b)  A description of the source or sources of water

  2  supply and amount and quality of water available and intended

  3  to be used.

  4         (c)  A description of the method and manner of water

  5  purification, treatment, disinfection, and heating.

  6         (d)  Other applicable information deemed necessary by

  7  the department to fulfill the requirements of this chapter.

  8         (2)  If the proposed construction of, development of,

  9  or modification of a public swimming pool or bathing place

10  meets standards of public health and safety as defined in this

11  chapter and rules adopted hereunder, the department shall

12  grant the application for the construction plans approval

13  within 30 days after receipt of a complete submittal.  If

14  engineering plans submitted are in substantial compliance with

15  the standards aforementioned, the department may approve the

16  plans with provisions for corrective action to be completed

17  prior to issuance of the operating permit.

18         (3)  If the proposed construction, development, or

19  modification of a public swimming pool or bathing place fails

20  to meet standards of public health and safety as defined in

21  this chapter and rules adopted hereunder, the department shall

22  deny the application for construction plans approval pursuant

23  to the provisions of chapter 120.  Such denial shall be issued

24  in writing within 30 days and shall list the circumstances for

25  denial.  Upon correction of such circumstances, an applicant

26  previously denied permission to construct, develop, or modify

27  a public swimming pool or bathing place may reapply for

28  construction plans approval.

29         (4)  An approval of construction plans issued by the

30  department under this section becomes void 1 year after the

31

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  1  date the approval was issued if the construction is not

  2  commenced within 1 year after the date of issuance.

  3         Section 48.  Subsection (1) of section 553.06, Florida

  4  Statutes, is amended to read:

  5         553.06  State Plumbing Code.--

  6         (1)  The Florida Building Commission shall, in

  7  accordance with the provisions of chapter 120 and ss.

  8  553.70-553.895, adopt the Standard Plumbing Code, 1994

  9  edition, as adopted at the October 1993 annual meeting of the

10  Southern Building Code Congress International, as the State

11  Plumbing Code which shall be the minimum requirements

12  statewide for all installations, repairs, and alterations to

13  plumbing. The commission board may, in accordance with the

14  requirements of chapter 120, adopt all or parts of updated or

15  revised editions of the State Plumbing Code to keep abreast of

16  latest technological advances in plumbing and installation

17  techniques. Local governments which have adopted the South

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

19  may continue their use provided the requirements contained

20  therein meet or exceed the requirements of the State Plumbing

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

22  or diminish the authority of the Department of Business and

23  Professional Regulation to conduct plan reviews, issue

24  variances, and adopt rules regarding sanitary facilities in

25  public lodging and public food service establishments pursuant

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

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

28         Section 49.  Section 553.141, Florida Statutes, is

29  amended to read:

30         553.141  Public restrooms; ratio of facilities for men

31  and women; application; incorporation into the Florida

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  1  Building Code rules.--The Florida Building Commission shall

  2  incorporate into the Florida Building Code, to be adopted by

  3  rule pursuant to s. 553.73(1), a ratio of public restroom

  4  facilities for men and women which must be provided in all

  5  buildings that are newly constructed after September 30, 1992,

  6  and that have restrooms open to the public.

  7         (1)  A building that is newly constructed after

  8  September 30, 1992, and that is a publicly owned building or a

  9  privately owned building that has restrooms open to the public

10  must have a ratio of 3 to 2 water closets provided for women

11  as the combined total of water closets and urinals provided

12  for men, unless there are two or fewer fixtures for men.

13         (2)  As used in this section, the term "newly

14  constructed" means new construction, building, alteration,

15  rehabilitation, or repair that equals or exceeds 50 percent of

16  the replacement value existing on October 1, 1992, unless the

17  same was under design or construction, or under construction

18  contract before October 1, 1992.

19         (3)  This section does not apply to establishments

20  licensed under chapter 509 if the establishment does not

21  provide meeting or banquet rooms which accommodate more than

22  150 persons and the establishment has at least the same number

23  of water closets for women as the combined total of water

24  closets and urinals for men.

25         (4)  The Board of Building Codes and Standards shall

26  adopt rules to administer this section, pursuant to chapter

27  120.

28         Section 50.  The Division of Statutory Revision is

29  requested to change the title of part IV of chapter 553,

30  Florida Statutes, to "MANUFACTURED BUILDINGS."

31

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  1         Section 51.  Effective January 1, 2001, section

  2  553.355, Florida Statutes, is created to read:

  3         553.355  Minimum construction requirements

  4  established.--The Florida Building Code and the Florida Fire

  5  Prevention and Lifesafety Codes shall be the minimum

  6  construction requirements governing the manufacture, design,

  7  construction, erection, alteration, modification, repair, and

  8  demolition of manufactured buildings.

  9         Section 52.  Subsections (5) and (11) of section

10  553.36, Florida Statutes, are amended, present subsections

11  (13) and (14) of that section are redesignated as subsections

12  (14) and (15), respectively, and a new subsection (13) is

13  added to that section, to read:

14         553.36  Definitions.--The definitions contained in this

15  section govern the construction of this part unless the

16  context otherwise requires.

17         (5)  "Component" means any assembly, subassembly, or

18  combination of parts for use as a part of a building, which

19  may include structural, electrical, mechanical, and fire

20  protection systems and other systems affecting health and

21  safety. Components that incorporate elements of a building

22  subject to the product approval system adopted under s.

23  553.842 are subject to approval in accordance with the product

24  approval system upon implementation thereof and are not

25  subject to the rules adopted under this part. Components to

26  which the rules adopted under this part apply are limited to

27  three-dimensional systems for use as part of a building.

28         (11)  "Manufactured building" means a closed structure,

29  building assembly, or system of subassemblies, which may

30  include structural, electrical, plumbing, heating,

31  ventilating, or other service systems manufactured in

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  1  manufacturing facilities for installation or erection, with or

  2  without other specified components, as a finished building or

  3  as part of a finished building, which shall include, but not

  4  be limited to, residential, commercial, institutional,

  5  storage, and industrial structures. This part does not apply

  6  to mobile homes. The term includes buildings not intended for

  7  human habitation such as lawn storage buildings and storage

  8  sheds manufactured and assembled offsite by a manufacturer

  9  certified in conformance with this part. Manufactured building

10  may also mean, at the option of the manufacturer, any building

11  of open construction made or assembled in manufacturing

12  facilities away from the building site for installation, or

13  assembly and installation, on the building site.

14         (13)  "Module" means a separately transported

15  three-dimensional component of a manufactured building which

16  contains all or a portion of structural systems, electrical

17  systems, plumbing systems, mechanical systems, fire systems,

18  and thermal systems.

19         Section 53.  Effective January 1, 2001, subsections (1)

20  and (2) of section 553.36, Florida Statutes, are amended to

21  read:

22         553.36  Definitions.--The definitions contained in this

23  section govern the construction of this part unless the

24  context otherwise requires.

25         (1)  "Approved" means conforming to the requirements of

26  the Florida Building Code Department of Community Affairs.

27         (2)  "Approved inspection agency" means an organization

28  determined by the department to be especially qualified by

29  reason of facilities, personnel, experience, and demonstrated

30  reliability to investigate, test, and evaluate manufactured

31  building units or systems or the component parts thereof,

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  1  together with the plans, specifications, and quality control

  2  procedures to ensure that such units, systems, or component

  3  parts are in full compliance with the Florida Building Code

  4  standards adopted by the department pursuant to this part and

  5  to label such units complying with those standards.

  6         Section 54.  Subsections (1), (2), (5), and (8) of

  7  section 553.37, Florida Statutes, are amended, present

  8  subsection (9) of that section is redesignated as subsection

  9  (11), and new subsections (9) and (10) are added to that

10  section, to read:

11         553.37  Rules; inspections; and insignia.--

12         (1)  The department may enter into contracts and take

13  actions necessary and incidental to the administration of its

14  authority under this part. In addition, the department shall

15  adopt rules in accordance with chapter 120 setting

16  requirements for construction or modification of manufactured

17  buildings and building modules, to address:

18         (a)  Submittal to and approval by the department of

19  manufacturers' drawings and specifications, including any

20  amendments.

21         (b)  Submittal to and approval by the department of

22  manufacturers' internal quality control procedures and

23  manuals, including any amendments.

24         (c)  Procedures and qualifications for approval of

25  third-party plan review and inspection entities and of those

26  who perform inspections and plan reviews.

27         (d)  Investigation of consumer complaints of

28  noncompliance of manufactured buildings with the requirements

29  for construction or modification of such buildings.

30

31

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  1         (e)(c)  Issuance, cancellation, and revocation of any

  2  insignia issued by the department and procedures for auditing

  3  and accounting for disposition of them.

  4         (f)  Monitoring the manufacturers', inspection

  5  entities', and plan review entities' compliance with this

  6  part. Monitoring may include, but is not limited to,

  7  performing audits of plans, inspections of manufacturing

  8  facilities and observation of the manufacturing and inspection

  9  process, and onsite inspections of buildings.

10         (g)(d)  The performance by the department of any other

11  functions required by this part.

12         (2)  After the effective date of the rules adopted

13  pursuant to this part, no manufactured building, except as

14  provided in subsection (11)(9), may be installed in this state

15  unless it is approved and bears the insignia of approval of

16  the department. Approvals issued by the department under the

17  provisions of the prior part shall be deemed to comply with

18  the requirements of this part.

19         (5)  Manufactured buildings which have been issued and

20  bear the insignia of approval pursuant to this part upon

21  manufacture or first sale shall not require an additional

22  approval or insignia by a local government in which they are

23  subsequently sold or installed. Buildings or structures that

24  meet the definition of "open construction" are subject to

25  permitting by the local jurisdiction and are not required to

26  bear insignia.

27         (8)  The department may delegate its enforcement

28  authority to a state department having building construction

29  responsibilities or a local government.  The department may

30  itself shall not inspect manufactured buildings but shall

31  delegate its plan review and inspection authority to a state

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  1  department having building construction responsibilities, a

  2  local government, an approved inspection agency, an approved

  3  plan review agency, or an agency of another state.

  4         (9)  If the department delegates its inspection

  5  authority to third-party approved inspection agencies,

  6  manufacturers must have one, and only one, inspection agency

  7  responsible for inspection of a manufactured building, module,

  8  or component at all times.

  9         (10)  If the department delegates its inspection

10  authority to third-party approved plan review agencies,

11  manufacturers must have one, and only one, plan review agency

12  responsible for review of plans of a manufactured building,

13  module, or component at all times.

14         Section 55.  Effective January 1, 2001, subsections

15  (1), (2), (3), (4), (6), (7), (9), and (10) of section 553.37,

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

17         553.37  Rules; inspections; and insignia.--

18         (1)  The Florida Building Commission department may

19  enter into contracts and take actions necessary and incidental

20  to the administration of its authority under this part. In

21  addition, the department shall adopt within the Florida

22  Building Code rules in accordance with chapter 120 setting

23  requirements for construction or modification of manufactured

24  buildings and building modules, to address:

25         (a)  Submittal to and approval by the department of

26  manufacturers' drawings and specifications, including any

27  amendments.

28         (b)  Submittal to and approval by the department of

29  manufacturers' internal quality control procedures and

30  manuals, including any amendments.

31

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  1         (c)  Procedures and qualifications for approval of

  2  third-party plan review and inspection entities and of those

  3  who perform inspections and plan review.

  4         (d)  Investigation of consumer complaints of

  5  noncompliance of manufactured buildings with the Florida

  6  Building Code and the Florida Fire Prevention Code

  7  requirements for construction or modification of such

  8  buildings.

  9         (e)  Issuance, cancellation, and revocation of any

10  insignia issued by the department and procedures for auditing

11  and accounting for disposition of them.

12         (f)  Monitoring the manufacturers', inspection

13  entities', and plan review entities' compliance with this part

14  and the Florida Building Code. Monitoring may include, but is

15  not limited to, performing audits of plans, inspections of

16  manufacturing facilities and observation of the manufacturing

17  and inspection process, and onsite inspections of buildings.

18         (g)  The performance by the department of any other

19  functions required by this part.

20         (2)  After the effective date of the Florida Building

21  Code rules adopted pursuant to this part, no manufactured

22  building, except as provided in subsection (11), may be

23  installed in this state unless it is approved and bears the

24  insignia of approval of the department. Approvals issued by

25  the department under the provisions of the prior part shall be

26  deemed to comply with the requirements of this part.

27         (3)  All manufactured buildings issued and bearing

28  insignia of approval pursuant to subsection (2) shall be

29  deemed to comply with the Florida Building Code and are exempt

30  from local amendments requirements of all ordinances or rules

31  enacted by any local government which governs construction.

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  1         (4)  No manufactured building bearing department

  2  insignia of approval pursuant to subsection (2) shall be in

  3  any way modified prior to installation, except in conformance

  4  with the Florida Building Code rules of the department.

  5         (6)  If the Florida Building Commission department

  6  determines that the standards for construction and inspection

  7  of manufactured buildings prescribed by statute or rule of

  8  another state are at least equal to the Florida Building Code

  9  rules prescribed under this part and that such standards are

10  actually enforced by such other state, it may provide by rule

11  that the manufactured building which has been inspected and

12  approved by such other state shall be deemed to have been

13  approved by the department and shall authorize the affixing of

14  the appropriate insignia of approval.

15         (7)  The Florida Building Commission department, by

16  rule, shall establish a schedule of fees to pay the cost

17  incurred by the department for the work related to

18  administration and enforcement of this part.

19         (9)  If the commission department delegates its

20  inspection authority to third-party approved inspection

21  agencies, manufacturers must have one, and only one,

22  inspection agency responsible for inspection of a manufactured

23  building, module, or component at all times.

24         (10)  If the commission department delegates its

25  inspection authority to third-party approved plan review

26  agencies, manufacturers must have one, and only one, plan

27  review agency responsible for review of plans of a

28  manufactured building, module, or component at all times.

29         Section 56.  Section 553.375, Florida Statutes, is

30  created to read:

31

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  1         553.375  Recertification of manufactured

  2  buildings.--Prior to the relocation, modification, or change

  3  of occupancy of a manufactured building within the state, the

  4  manufacturer, dealer, or owner thereof may apply to the

  5  department for recertification of that manufactured building.

  6  The department shall, by rule, provide what information the

  7  applicant must submit for recertification and for plan review

  8  and inspection of such manufactured buildings and shall

  9  establish fees for recertification. Upon a determination by

10  the department that the manufactured building complies with

11  the applicable building codes, the department shall issue a

12  recertification insignia. A manufactured building that bears

13  recertification insignia does not require any additional

14  approval by an enforcement jurisdiction in which the building

15  is sold or installed, and is considered to comply with all

16  applicable codes. As an alternative to recertification by the

17  department, the manufacturer, dealer, or owner of a

18  manufactured building may seek appropriate permitting and a

19  certificate of occupancy from the local jurisdiction in

20  accordance with procedures generally applicable under the

21  Florida Building Code.

22         Section 57.  Effective January 1, 2001, section 553.38,

23  Florida Statutes, is amended to read:

24         553.38  Application and scope.--

25         (1)  The department shall promulgate rules which

26  protect the health, safety, and property of the people of this

27  state by assuring that each manufactured building is

28  structurally sound and properly installed on site and that

29  plumbing, heating, electrical, and other systems thereof are

30  reasonably safe, and which interpret and make specific the

31  provisions of this part.

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  1         (2)  The department shall enforce every provision of

  2  the Florida Building Code this part and the rules adopted

  3  pursuant hereto, except that local land use and zoning

  4  requirements, fire zones, building setback requirements, side

  5  and rear yard requirements, site development requirements,

  6  property line requirements, subdivision control, and onsite

  7  installation requirements, as well as the review and

  8  regulation of architectural and aesthetic requirements, are

  9  specifically and entirely reserved to local authorities.  Such

10  local requirements and rules which may be enacted by local

11  authorities must be reasonable and uniformly applied and

12  enforced without any distinction as to whether a building is a

13  conventionally constructed or manufactured building.  A local

14  government shall require permit fees only for those

15  inspections actually performed by the local government for the

16  installation of a factory-built structure.  Such fees shall be

17  equal to the amount charged for similar inspections on

18  conventionally built housing.

19         Section 58.  Section 553.381, Florida Statutes, is

20  amended to read:

21         553.381  Manufacturer certification; product liability

22  insurance as prerequisite.--

23         (1)  Before manufacturing buildings to be located

24  within this state or selling manufactured buildings within

25  this state, whichever occurs later, a manufacturer must be

26  certified by the department. The department shall certify a

27  manufacturer upon receipt from the manufacturer and approval

28  and verification by the department of the following:

29         (a)  The manufacturer's internal quality-control

30  procedures and manuals, including any amendments;

31

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  1         (b)  As a prerequisite to obtaining approval to produce

  2  manufactured buildings for sale in the state, the manufacturer

  3  must submit Evidence that the manufacturer she or he has

  4  product liability insurance for the safety and welfare of the

  5  public in amounts determined by rule of the department; and.

  6         (c)  The fee established by the department under s.

  7  553.37(7).

  8         (2)  The department may revoke any certification upon

  9  the failure of the manufacturer to comply with the

10  construction standards adopted under this part or other

11  requirements of this part.

12         (3)  Certification of manufacturers under this section

13  shall be for a period of 3 years, subject to renewal by the

14  manufacturer. Upon application for renewal, the manufacturer

15  must submit the information described in subsection (1) or a

16  sworn statement that there has been no change in the status or

17  content of that information since the manufacturer's last

18  submittal. Fees for renewal of manufacturers' certification

19  shall be established by the department by rule.

20         Section 59.  Effective January 1, 2001, section

21  553.381, Florida Statutes, as amended by this act, is amended

22  to read:

23         553.381  Manufacturer certification.--

24         (1)  Before manufacturing buildings to be located

25  within this state or selling manufactured buildings within

26  this state, whichever occurs later, a manufacturer must be

27  certified by the department. The department shall certify a

28  manufacturer upon receipt from the manufacturer and approval

29  and verification by the department of the following:

30         (a)  The manufacturer's internal quality-control

31  procedures and manuals, including any amendments;

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  1         (b)  Evidence that the manufacturer has product

  2  liability insurance for the safety and welfare of the public

  3  in amounts determined by rule of the commission department;

  4  and

  5         (c)  The fee established by the commission department

  6  under s. 553.37(7).

  7         (2)  The department may revoke any certification upon

  8  the failure of the manufacturer to comply with the Florida

  9  Building Code construction standards adopted under this part

10  or other requirements of this part.

11         (3)  Certification of manufacturers under this section

12  shall be for a period of 3 years, subject to renewal by the

13  manufacturer. Upon application for renewal, the manufacturer

14  must submit the information described in subsection (2) or a

15  sworn statement that there has been no change in the status or

16  content of that information since the manufacturer's last

17  submittal. Fees for renewal of manufacturers' certification

18  shall be established by the commission department by rule.

19         Section 60.  Effective January 1, 2001, section 553.39,

20  Florida Statutes, is amended to read:

21         553.39  Injunctive relief.--The department may seek

22  injunctive or other relief from the circuit court of

23  appropriate jurisdiction to compel compliance with the

24  requirements of this part or with the Florida Building Code

25  rules issued pursuant thereto or to enjoin the sale, delivery,

26  or installation of a manufactured building, upon an affidavit

27  specifying the manner in which the building does not conform

28  to the Florida Building Code or other requirements of this

29  part or to rules issued pursuant thereto.  Noncompliance with

30  the Florida Building Code or this part or the rules

31  promulgated under this part shall be considered prima facie

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  1  evidence of irreparable damage in any cause of action brought

  2  under the authority of this part.

  3         Section 61.  Section 553.503, Florida Statutes, is

  4  amended to read:

  5         553.503  Adoption of guidelines.--Subject to the

  6  exceptions in s. 553.504, the federal Americans with

  7  Disabilities Act Accessibility Guidelines, as adopted by

  8  reference in 28 C.F.R., part 36, subparts A and D, and Title

  9  II of Pub. L. No. 101-336, are hereby adopted and incorporated

10  by reference as the law of this state. The guidelines shall

11  establish the minimum standards for the accessibility of

12  buildings and facilities built or altered within this state.

13  The 1997 Florida Accessibility Code for Building Construction

14  must be adopted by the Florida Building Commission Board of

15  Building Codes and Standards in accordance with chapter 120.

16         Section 62.  Section 553.5041, Florida Statutes, is

17  created to read:

18         553.5041  Parking spaces for persons who have

19  disabilities.--

20         (1)  This section is not intended to expand or diminish

21  the defenses available to a place of public accommodation

22  under the Americans with Disabilities Act and the federal

23  Americans with Disabilities Act Accessibility Guidelines,

24  including, but not limited to, the readily achievable

25  standard, and the standards applicable to alterations to

26  places of public accommodation. Subject to the exceptions

27  described in subsections (2), (4), (5), and (6), when the

28  parking and loading zone requirements of the federal Americans

29  with Disabilities Act Accessibility Guidelines (ADAAG), as

30  adopted by reference in 28 C.F.R. part 36, subparts A and D,

31  and Title II of Pub.L.No. 101-336, provide increased

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  1  accessibility, those requirements are adopted and incorporated

  2  by reference as the law of this state.

  3         (2)  State agencies and political subdivisions having

  4  jurisdiction over street parking or publicly owned or operated

  5  parking facilities are not required to provide a greater

  6  right-of-way width than would otherwise be planned under

  7  regulations, guidelines, or practices normally applied to new

  8  development.

  9         (3)  If parking spaces are provided for self-parking by

10  employees or visitors, or both, accessible spaces shall be

11  provided in each such parking area. Such spaces shall be

12  designed and marked for the exclusive use of those individuals

13  who have a severe physical disability and have permanent or

14  temporary mobility problems that substantially impair their

15  ability to ambulate and who have been issued either a disabled

16  parking permit under s. 316.1958 or s. 320.0848 or a license

17  plate under s. 320.084, s. 320.0842, s. 320.0843, or s.

18  320.0845.

19         (4)  The number of accessible parking spaces must

20  comply with the parking requirements in ADAAG s. 4.1 and the

21  following: 

22         (a)  There must be one accessible parking space in the

23  immediate vicinity of a publicly owned or leased building that

24  houses a governmental entity or a political subdivision,

25  including, but not limited to, state office buildings and

26  courthouses, if no parking for the public is provided on the

27  premises of the building.

28         (b)  There must be one accessible parking space for

29  each 150 metered onstreet parking spaces provided by state

30  agencies and political subdivisions.

31

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  1         (c)  The number of parking spaces for persons who have

  2  disabilities must be increased on the basis of demonstrated

  3  and documented need.

  4         (5)  Accessible perpendicular and diagonal accessible

  5  parking spaces and loading zones must be designed and located

  6  in conformance with the guidelines set forth in ADAAG ss.

  7  4.1.2 and 4.6 and Appendix s. A4.6.3 "Universal Parking

  8  Design."

  9         (a)  All spaces must be located on an accessible route

10  no less than 44 inches wide so that users will not be

11  compelled to walk or wheel behind parked vehicles.

12         (b)  Each space must be located on the shortest safely

13  accessible route from the parking space to an accessible

14  entrance. If there are multiple entrances or multiple retail

15  stores, the parking spaces must be dispersed to provide

16  parking at the nearest accessible entrance. If a theme park or

17  an entertainment complex as defined in s. 509.013(9) provides

18  parking in several lots or areas from which access to the

19  theme park or entertainment complex is provided, a single lot

20  or area may be designated for parking by persons who have

21  disabilities, if the lot or area is located on the shortest

22  safely accessible route to an accessible entrance to the theme

23  park or entertainment complex or to transportation to such an

24  accessible entrance.

25         (c)1.  Each parking space must be no less than 12 feet

26  wide. Parking access aisles must be no less than 5 feet wide

27  and must be part of an accessible route to the building or

28  facility entrance. In accordance with ADAAG s. 4.6.3, access

29  aisles must be placed adjacent to accessible parking spaces;

30  however, two accessible parking spaces may share a common

31

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  1  access aisle. The access aisle must be striped diagonally to

  2  designate it as a no-parking zone.

  3         2.  The parking access aisles are reserved for the

  4  temporary exclusive use of persons who have disabled parking

  5  permits and who require extra space to deploy a mobility

  6  device, lift, or ramp in order to exit from or enter a

  7  vehicle. Parking is not allowed in an access aisle. Violators

  8  are subject to the same penalties that are imposed for

  9  illegally parking in parking spaces that are designated for

10  persons who have disabilities. A vehicle may not be parked in

11  an access aisle, even if the vehicle owner or passenger is

12  disabled or owns a disabled parking permit.

13         3.  Any provision of this subsection to the contrary

14  notwithstanding, a theme park or an entertainment complex as

15  defined in s. 509.013(9) in which are provided continuous

16  attendant services for directing individuals to marked

17  accessible parking spaces or designated lots for parking by

18  persons who have disabilities, may, in lieu of the required

19  parking space design, provide parking spaces that comply with

20  ss. 4.1 and 4.6 of the Americans with Disabilities Act

21  Accessibility Guidelines.

22         (d)  On-street parallel parking spaces must be located

23  either at the beginning or end of a block or adjacent to alley

24  entrances. Such spaces must be designed in conformance with

25  the guidelines set forth in ADAAG ss. 4.6.2 through 4.6.5,

26  exception: access aisles are not required. Curbs adjacent to

27  such spaces must be of a height that will not interfere with

28  the opening and closing of motor vehicle doors. This

29  subsection does not relieve the owner of the responsibility to

30  comply with the parking requirements of ADAAG ss. 4.1 and 4.6.

31

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  1         (e)  Parallel parking spaces must be even with surface

  2  slopes, may match the grade of the adjacent travel lane, and

  3  must not exceed a cross slope of 1 to 50, where feasible.

  4         (f)  Curb ramps must be located outside of the disabled

  5  parking spaces and access aisles.

  6         (g)1.  The removal of architectural barriers from a

  7  parking facility in accordance with 28 C.F.R. s. 36.304 or

  8  with s. 553.508 must comply with this section unless

  9  compliance would cause the barrier removal not to be readily

10  achievable. If compliance would cause the barrier removal not

11  to be readily achievable, a facility may provide parking

12  spaces at alternative locations for persons who have

13  disabilities and provide appropriate signage directing persons

14  who have disabilities to the alternative parking if readily

15  achievable. The facility may not reduce the required number or

16  dimensions of those spaces, nor may it unreasonably increase

17  the length of the accessible route from a parking space to the

18  facility. The removal of an architectural barrier must not

19  create a significant risk to the health or safety of a person

20  who has a disability or to that of others.

21         2.  A facility that is making alterations under s.

22  553.507(2)(b) must comply with this section to the maximum

23  extent feasible. If compliance with parking location

24  requirements is not feasible, the facility may provide parking

25  spaces at alternative locations for persons who have

26  disabilities and provide appropriate signage directing persons

27  who have a disability to alternative parking. The facility may

28  not reduce the required number or dimensions of those spaces,

29  nor may it unnecessarily increase the length of the accessible

30  route from a parking space to the facility. The alteration

31

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  1  must not create a significant risk to the health or safety of

  2  a person who has a disability or to that of others.

  3         (6)  Each such parking space must be prominently

  4  outlined with blue paint, and must be repainted when

  5  necessary, to be clearly distinguishable as a parking space

  6  designated for persons who have disabilities and must be

  7  posted with a permanent above-grade sign of a color and design

  8  approved by the Department of Transportation, which is placed

  9  on or at a distance of 84 inches above the ground to the

10  bottom of the sign and which bears the international symbol of

11  accessibility meeting the requirements of ADAAG s. 4.30.7 and

12  the caption "PARKING BY DISABLED PERMIT ONLY." Such a sign

13  erected after October 1, 1996, must indicate the penalty for

14  illegal use of the space. Any provision of this section to the

15  contrary notwithstanding, in a theme park or an entertainment

16  complex as defined in s. 509.013(9) in which accessible

17  parking is located in designated lots or areas, the signage

18  indicating the lot as reserved for accessible parking may be

19  located at the entrances to the lot in lieu of a sign at each

20  parking place. This subsection does not relieve the owner of

21  the responsibility of complying with the signage requirements

22  of ADAAG s. 4.30.

23         Section 63.  Section 553.506, Florida Statutes, is

24  amended to read:

25         553.506  Powers of the commission board.--In addition

26  to any other authority vested in the Florida Building

27  Commission board by law, the commission Board of Building

28  Codes and Standards, in implementing ss. 553.501-553.513, may,

29  by rule, adopt revised and updated versions of the Americans

30  with Disabilities Act Accessibility Guidelines in accordance

31  with chapter 120.

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  1         Section 64.  Section 553.512, Florida Statutes, is

  2  amended to read:

  3         553.512  Modifications and waivers; advisory council.--

  4         (1)  The Florida Building Commission Board of Building

  5  Codes and Standards shall provide by regulation criteria for

  6  granting individual modifications of, or exceptions from, the

  7  literal requirements of this part upon a determination of

  8  unnecessary, unreasonable, or extreme hardship, provided such

  9  waivers shall not violate federal accessibility laws and

10  regulations and shall be reviewed by the Handicapped

11  Accessibility Advisory Council. The commission may not

12  consider waiving any of the requirements of s. 553.5041 unless

13  the applicant first demonstrates that she or he has applied

14  for and been denied waiver or variance from all local

15  government zoning, subdivision regulations, or other

16  ordinances that prevent compliance therewith. Further, the

17  commission may not waive the requirement of s.

18  553.5041(5)(c)1. governing the minimum width of accessible

19  parking spaces.

20         (2)  The Accessibility Advisory Council shall consist

21  consisting of the following seven members, who shall be

22  knowledgeable in the area of handicapped accessibility for

23  persons with disabilities.  The Secretary of Community Affairs

24  shall appoint the following: a representative from the

25  Advocacy Center for Persons with Disabilities, Inc.; a

26  representative from the Division of Blind Services; a

27  representative from the Division of Vocational Rehabilitation;

28  a representative from a statewide organization representing

29  the physically handicapped; a representative from the hearing

30  impaired; a representative from the President, Florida Council

31  of Handicapped Organizations; and a representative of the

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  1  Paralyzed Veterans of America.  The terms for the first three

  2  council members appointed subsequent to October 1, 1991, shall

  3  be for 4 years, the terms for the next two council members

  4  appointed shall be for 3 years, and the terms for the next two

  5  members shall be for 2 years. Thereafter, all council member

  6  appointments shall be for terms of 4 years.  No council member

  7  shall serve more than two 4-year terms subsequent to October

  8  1, 1991.  Any member of the council may be replaced by the

  9  secretary upon three unexcused absences.  Upon application

10  made in the form provided, an individual waiver or

11  modification may be granted by the commission board so long as

12  such modification or waiver is not in conflict with more

13  stringent standards provided in another chapter.

14         (3)(2)  Members of the council shall serve without

15  compensation, but shall be entitled to reimbursement for per

16  diem and travel expenses as provided by s. 112.061.

17         (4)(3)  Meetings of the advisory council shall be held

18  in conjunction with the regular meetings of the commission.

19         Section 65.  Subsection (7) of section 553.71, Florida

20  Statutes, is amended, and subsection (9) is added to that

21  section, to read:

22         553.71  Definitions.--As used in this part, the term:

23         (7)  "Threshold building" means any building which is

24  greater than three stories or 50 feet in height, or which has

25  an assembly occupancy classification as defined in the State

26  Minimum Building Codes which that exceeds 5,000 square feet in

27  area and an occupant content of greater than 500 persons.

28         (9)  "Special inspector" means a licensed architect or

29  registered engineer who is certified under chapter 471 or

30  chapter 481 to conduct inspections of threshold buildings.

31

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  1         Section 66.  Effective January 1, 2001, subsection (7)

  2  of section 553.71, Florida Statutes, as amended by this act,

  3  is amended, and subsection (10) is added to that section, to

  4  read:

  5         553.71  Definitions.--As used in this part, the term:

  6         (7)  "Threshold building" means any building which is

  7  greater than three stories or 50 feet in height, or which has

  8  an assembly occupancy classification as defined in the Florida

  9  Building Code State Minimum Building Codes which exceeds 5,000

10  square feet in area and an occupant content of greater than

11  500 persons.

12         (10)  "Prototype building" means a building constructed

13  in accordance with architectural or engineering plans intended

14  for replication on various sites and which will be updated to

15  comply with the Florida Building Code and applicable laws

16  relating to fire safety, health and sanitation, casualty

17  safety, and requirements for persons with disabilities which

18  are in effect at the time a construction contract is to be

19  awarded.

20         Section 67.  Effective January 1, 2001, subsection (1)

21  of section 553.72, Florida Statutes, as amended by section 38

22  of chapter 98-287, Laws of Florida, is amended, and subsection

23  (6) is added to that section, to read:

24         553.72  Intent.--

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

26  mechanism for the uniform adoption, updating, amendment,

27  interpretation, and enforcement of a single, unified state

28  building code, to be called the Florida Building Code, which

29  consists of a single set of documents that apply to the

30  design, construction, erection, alteration, modification,

31  repair, or demolition of public or private buildings,

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  1  structures, or facilities in this state and to the enforcement

  2  of such requirements and which will allow effective and

  3  reasonable protection for public safety, health, and general

  4  welfare for all the people of Florida at the most reasonable

  5  cost to the consumer. The Florida Building Code shall be

  6  organized to provide consistency and simplicity of use. The

  7  Florida Building Code shall be applied, administered, and

  8  enforced uniformly and consistently from jurisdiction to

  9  jurisdiction. The Florida Building Code shall provide for

10  flexibility to be exercised in a manner that meets minimum

11  requirements, is affordable, does not inhibit competition, and

12  promotes innovation and new technology. The Florida Building

13  Code shall establish minimum standards primarily for public

14  health and lifesafety, and secondarily for protection of

15  property as appropriate.

16         (6)  It is the intent of the Legislature that the

17  nationally recognized private-sector third-party testing and

18  evaluation system shall provide product evaluation for the

19  product-approval system and that effective government

20  oversight be established to ensure accountability to the

21  state.

22         Section 68.  Effective January 1, 2001, subsections

23  (2), (4), (5), (6), (7), (8), (9), (10), (11), and (12) of

24  section 553.73, Florida Statutes, as amended by section 40 of

25  chapter 98-287, Laws of Florida, as amended by section 61 of

26  chapter 98-419, Laws of Florida, are amended to read:

27         553.73  Florida Building Code.--

28         (2)  The Florida Building Code shall contain provisions

29  or requirements for public and private buildings, structures,

30  and facilities relative to structural, mechanical, electrical,

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

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  1  historical buildings, manufactured buildings, elevators,

  2  coastal construction, lodging facilities, food sales and food

  3  service facilities, health care facilities, including assisted

  4  living facilities, adult day care facilities, and facilities

  5  for the control of radiation hazards, public or private

  6  educational facilities, swimming pools, and correctional

  7  facilities and enforcement of and compliance with such

  8  provisions or requirements. Technical provisions to be

  9  contained within the Florida Building Code are restricted to

10  requirements related to the types of materials used and

11  construction methods and standards employed in order to meet

12  criteria specified in the Florida Building Code. Provisions

13  relating to the personnel, supervision or training of

14  personnel, or any other professional qualification

15  requirements relating to contractors or their workforce may

16  not be included within the Florida Building Code, and

17  subsections (4), (5), and (6) are subsection (4) is not to be

18  construed to allow the inclusion of such provisions within the

19  Florida Building Code by amendment. This restriction applies

20  to both initial development and amendment of the Florida

21  Building Code.

22         (4)(a)  All entities authorized to enforce the Florida

23  Building Code pursuant to s. 553.80 Local governments shall

24  comply with applicable standards for issuance of mandatory

25  certificates of occupancy, minimum types of inspections, and

26  procedures for plans review and inspections as established by

27  the commission board by rule. Local governments may adopt Any

28  amendments to the administrative provisions of standards

29  established by the Florida Building Code, subject pursuant to

30  the limitations of this paragraph. Local amendments shall be

31  more stringent than the minimum such standards described

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  1  herein and shall be transmitted to the commission within 30

  2  days after enactment.  The local government shall make such

  3  amendments available to the general public in a usable format.

  4  The State Fire Marshal The Department of Insurance is

  5  responsible for establishing the standards and procedures

  6  required in this paragraph for governmental entities with

  7  respect to applying the Florida Fire Prevention Code and the

  8  Life Safety Code.

  9         (b)  Local governments may, subject to the limitations

10  of this section, adopt amendments to the technical provisions

11  of the Florida Building Code which apply solely within the

12  jurisdiction of such government and which provide for more

13  stringent requirements than those specified in the Florida

14  Building Code, not more than once every 6 months, provided:

15         1.  The local governing body determines, following a

16  public hearing which has been advertised in a newspaper of

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

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

19  Building Code. The determination must be based upon a review

20  of local conditions by the local governing body, which review

21  demonstrates that local conditions justify more stringent

22  requirements than those specified in the Florida Building Code

23  for the protection of life and property.

24         2.  Such additional requirements are not discriminatory

25  against materials, products, or construction techniques of

26  demonstrated capabilities.

27         3.  Such additional requirements may not introduce a

28  new subject not addressed in the Florida Building Code.

29         4.  The enforcing agency shall make readily available,

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

31  section.

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

  2  transmitted within 30 days by the adopting local government to

  3  the commission.  The commission shall maintain copies of all

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

  5  the public.

  6         6.  Any amendment to the Florida Building Code adopted

  7  by a local government pursuant to this paragraph shall be

  8  effective only until the adoption by the commission of the new

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

10  such time, the commission shall adopt such amendment as part

11  of the Florida Building Code or rescind the amendment.  The

12  commission shall immediately notify the respective local

13  government of the rescission of any amendment. After receiving

14  such notice, the respective local government may readopt the

15  rescinded amendment pursuant to the provisions of this

16  paragraph.

17         7.  Each county and municipality desiring to make local

18  technical amendments to the Florida Building Code shall by

19  interlocal agreement establish a countywide compliance review

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

21  adopted by a local government within the county pursuant to

22  this paragraph, that is challenged by any substantially

23  affected party for purposes of determining the amendment's

24  compliance with this paragraph. A public officer, as defined

25  in s. 112.313(1), who votes on a local amendment may not sit

26  on the compliance review board that hears a challenge to the

27  validity of that amendment. If the compliance review board

28  determines such amendment is not in compliance with this

29  paragraph, the compliance review board shall notify such local

30  government of the noncompliance and that the amendment is

31  invalid and unenforceable until the local government corrects

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  1  the amendment to bring it into compliance. The local

  2  government may appeal the decision of the compliance review

  3  board to the commission.  If the compliance review board

  4  determines such amendment to be in compliance with this

  5  paragraph, any substantially affected party may appeal such

  6  determination to the commission. Actions of the commission are

  7  subject to judicial review pursuant to s. 120.68. The

  8  compliance review board shall determine whether its decisions

  9  apply to a respective local jurisdiction or apply countywide.

10         8.  An amendment adopted under this paragraph shall

11  include a fiscal impact statement which documents the costs

12  and benefits of the proposed amendment.  Criteria for the

13  fiscal impact statement shall include the impact to local

14  government relative to enforcement, the impact to property and

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

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

17  a basis for challenging the amendment for compliance.

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

19  commission may review any amendments adopted pursuant to this

20  subsection and make nonbinding recommendations related to

21  compliance of such amendments with this subsection.

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

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

24  district owned buildings, manufactured buildings approved by

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

26  553.77(6).  The respective responsible entities shall consider

27  the physical performance parameters substantiating such

28  amendments when designing, specifying, and constructing such

29  exempt buildings.

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

31  120.536(1) and 120.54, shall update the Florida Building Code

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  1  every 3 years. The initial adoption of, and any subsequent

  2  updates or amendments to, the Florida Building Code by the

  3  commission is Once initially adopted and subsequently updated

  4  by the board, the Florida Building Code shall be deemed

  5  adopted for use statewide without adoptions by local

  6  government. When updating the Florida Building Code, the

  7  commission shall consider changes made by the adopting entity

  8  of any selected model code for any model code incorporated

  9  into the Florida Building Code by the commission, and may

10  subsequently adopt the new edition or successor of the model

11  code, which may be modified for this state, and shall further

12  consider the commission's own interpretations, declaratory

13  statements, appellate decisions, and approved statewide and

14  local technical amendments. A change made by an institute or

15  standards organization to any standard or criterion that is

16  adopted by reference in the Florida Building Code does not

17  become effective statewide until it has been adopted by the

18  commission. The edition of the Florida Building Code which is

19  in effect on the date of application of any permit authorized

20  by the code governs the permitted work for the life of the

21  permit and any extension granted to the permit. Any amendment

22  to the Florida Building Code which is adopted upon a finding

23  by the commission that the amendment is necessary to protect

24  the public from immediate threat of harm takes effect

25  immediately.

26         (6)  It shall be the responsibility of each

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

28  with statutory authority to regulate building construction to

29  enforce the provisions of the Florida Building Code.

30         (6)(7)(a)  The commission may approve technical

31  amendments to the Florida Building Code once each year for

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  1  statewide application upon a finding that delaying the

  2  application of the amendment would be contrary to the health,

  3  safety, and welfare of the public or the amendment provides an

  4  economic advantage to the consumer and that the amendment:

  5         1.  Has a reasonable and substantial connection with

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

  7         2.  Strengthens or improves the Florida Building Code,

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

  9  equivalent or better products or methods or systems of

10  construction.

11         3.  Does not discriminate against materials, products,

12  methods, or systems of construction of demonstrated

13  capabilities.

14         4.  Does not degrade the effectiveness of the Florida

15  Building Code.

16

17  Furthermore, the Florida Building Commission may approve

18  technical amendments to the code once each year to incorporate

19  into the Florida Building Code its own interpretations of the

20  code which are embodied in its opinions and declaratory

21  statements. Amendments approved under this paragraph shall be

22  adopted by rule pursuant to ss. 120.536(1) and 120.54.

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

24  statement which documents the costs and benefits of the

25  proposed amendment.  Criteria for the fiscal impact statement

26  shall be established by rule by the commission and shall

27  include the impact to local government relative to

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

29  well as to industry, relative to the cost of compliance.

30         (c)  The commission may not approve any proposed

31  amendment that does not accurately and completely address all

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  1  requirements for amendment which are set forth in this

  2  section.

  3         (7)(8)  The following buildings, structures, and

  4  facilities are exempt may be exempted from the Florida

  5  Building Code as provided by law, and any further exemptions

  6  shall be as determined by the Legislature and provided by law:

  7         (a)  Buildings and structures specifically regulated

  8  and preempted by the Federal Government.

  9         (b)  Railroads and ancillary facilities associated with

10  the railroad.

11         (c)  Nonresidential farm buildings on farms.

12         (d)  Temporary buildings or sheds used exclusively for

13  construction purposes.

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

15  that the provisions of part V relating to accessibility by

16  persons with disabilities shall apply to such mobile homes.

17         (f)  Those structures or facilities of electric

18  utilities, as defined in s. 366.02, which are directly

19  involved in the generation, transmission, or distribution of

20  electricity.

21         (g)  Temporary sets, assemblies, or structures used in

22  commercial motion picture or television production, or any

23  sound-recording equipment used in such production, on or off

24  the premises.

25

26  With the exception of paragraphs (a), (b), and (f), in order

27  to preserve the health, safety, and welfare of the public, the

28  Florida Building Commission may, by rule adopted pursuant to

29  chapter 120, provide for exceptions to the broad categories of

30  buildings exempted in this section, including exceptions for

31  application of specific sections of the code or standards

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  1  adopted therein. The exceptions must be based upon specific

  2  criteria, such as under-roof floor area, aggregate electrical

  3  service capacity, HVAC system capacity, or other building

  4  requirements. Further, the commission may recommend to the

  5  Legislature additional categories of buildings, structures, or

  6  facilities which should be exempted from the Florida Building

  7  Code, to be provided by law.

  8         (8)(9)(a)  In the event of a conflict between the

  9  Florida Building Code and the Florida Fire Prevention Code and

10  the Life Safety Code as applied to a specific project, the

11  conflict shall be resolved by agreement between the local

12  building code enforcement official and the local fire code

13  enforcement official in favor of the requirement of the code

14  which offers the greatest degree of lifesafety or alternatives

15  which would provide an equivalent degree of lifesafety and an

16  equivalent method of construction.

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

18  the local building official may be appealed to a local

19  administrative board designated by the municipality, county,

20  or special district having firesafety responsibilities. If the

21  decision of the local fire official and the local building

22  official is to apply the provisions of either the Florida

23  Building Code or the Florida Fire Prevention Code and the Life

24  Safety Code, the board may not alter the decision unless the

25  board determines that the application of such code is not

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

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

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

29  the decision rendered by the local officials and may modify

30  that decision if the administrative board adopts a better

31  alternative, taking into consideration all relevant

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  1  circumstances.  In any case in which the local administrative

  2  board adopts alternatives to the decision rendered by the

  3  local fire official and the local building official, such

  4  alternatives shall provide an equivalent degree of lifesafety

  5  and an equivalent method of construction as the decision

  6  rendered by the local officials.

  7         (c)  If the local building official and the local fire

  8  official are unable to agree on a resolution of the conflict

  9  between the Florida Building Code and the Florida Fire

10  Prevention Code and the Life Safety Code, the local

11  administrative board shall resolve the conflict in favor of

12  the code which offers the greatest degree of lifesafety or

13  alternatives which would provide an equivalent degree of

14  lifesafety and an equivalent method of construction.

15         (d)  All decisions of the local administrative board,

16  or if none exists, the decisions of the local building

17  official and the local fire official, are subject to review by

18  a joint committee composed of members of the Florida Building

19  Commission and the Fire Code Advisory Council. If the joint

20  committee is unable to resolve conflicts between the codes as

21  applied to a specific project, the matter shall be resolved

22  pursuant to the provisions of paragraph (1)(d).

23         (e)(d)  The local administrative board shall, to the

24  greatest extent possible, be composed of members with

25  expertise in building construction and firesafety standards.

26         (f)(e)  All decisions of the local building official

27  and local fire official and all decisions of the

28  administrative board shall be in writing and shall be binding

29  upon all persons but shall not limit the authority of the

30  State Fire Marshal or the Florida Building Commission pursuant

31  to paragraph(1)(d) and ss. 663.01 and 633.161. Decisions of

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  1  general application shall be indexed by building and fire code

  2  sections and shall be available for inspection during normal

  3  business hours.

  4         (9)(10)  Except within coastal building zones as

  5  defined in s. 161.54, specification standards developed by

  6  nationally recognized code promulgation organizations to

  7  determine compliance with engineering criteria of the Florida

  8  Building Code for wind load design shall not apply to one or

  9  two family dwellings which are two stories or less in height

10  unless approved by the commission for use or unless expressly

11  made subject to said standards and criteria by local ordinance

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

13         (10)(11)  The Florida Building Code does not apply to,

14  and no code enforcement action shall be brought with respect

15  to, zoning requirements, land use requirements, and owner

16  specifications or programmatic requirements which do not

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

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

19  private buildings, structures, or facilities or to

20  programmatic requirements that do not pertain to enforcement

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

22  enforcement agency may not administer or enforce the Florida

23  Building Code to prevent the siting of any publicly owned

24  facility, including, but not limited to, correctional

25  facilities, juvenile justice facilities, or state

26  universities, community colleges, or public education

27  facilities, as provided by law.

28         (12)  In addition to the requirements of ss. 553.79 and

29  553.80, facilities subject to the provisions of chapter 395

30  and part II of chapter 400 shall have facility plans reviewed

31  and construction surveyed by the state agency authorized to do

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  1  so under the requirements of chapter 395 and part II of

  2  chapter 400 and the certification requirements of the Federal

  3  Government.

  4         Section 69.  Subsections (3) and (4) of section 553.74,

  5  Florida Statutes, are amended to read:

  6         553.74  Florida Building Commission.--

  7         (3)  Members of the commission board shall serve

  8  without compensation, but shall be entitled to reimbursement

  9  for per diem and travel expenses as provided by s. 112.061.

10         (4)  Each appointed member is accountable to the

11  Governor for the proper performance of the duties of the

12  office. The Governor shall cause to be investigated any

13  complaint or unfavorable report received concerning an action

14  of the commission board or any member and shall take

15  appropriate action thereon.  The Governor may remove from

16  office any appointed member for malfeasance, misfeasance,

17  neglect of duty, incompetence, permanent inability to perform

18  official duties, or pleading guilty or nolo contendere to, or

19  being found guilty of, a felony.

20         Section 70.  Subsection (2) of section 553.77, Florida

21  Statutes, is amended to read:

22         553.77  Specific powers of the commission.--

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

24  local enforcement agency, the commission may also:

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

26  method of construction.

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

28  and advisory committees for assistance and recommendations

29  relating to the State Minimum Building Codes.

30         (c)  Appoint an advisory committee consisting of at

31  least five plumbing contractors licensed to do business in

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  1  this state for assistance and recommendations relating to

  2  plumbing code interpretations, if the commission identifies

  3  the need for additional assistance in making decisions

  4  regarding the State Plumbing Code.

  5         (d)  Provide technical assistance and issue advisory

  6  opinions concerning the technical and administrative

  7  provisions of the State Minimum Building Codes.

  8         Section 71.  Effective January 1, 2001, subsections

  9  (1), (3), and (6) of section 553.77, Florida Statutes, as

10  amended by section 46 of chapter 98-287, Laws of Florida, are

11  amended to read:

12         553.77  Specific powers of the commission.--

13         (1)  The commission shall:

14         (a)  Adopt and update the Florida Building Code or

15  amendments thereto, pursuant to ss. 120.536(1) and 120.54, as

16  necessary for execution of the powers and responsibilities

17  authorized by this act.

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

19  Florida Building Code and other laws relating to the design,

20  construction, erection, alteration, modification, repair, or

21  demolition of public or private buildings, structures, and

22  facilities, including manufactured buildings, and code

23  enforcement, to ascertain their effect upon the cost of

24  building construction and determine the effectiveness of their

25  provisions. Upon updating the Florida Building Code every 3

26  years, the commission shall review existing provisions of law

27  and make recommendations to the Legislature for the next

28  regular session of the Legislature regarding provisions of law

29  that should be revised or repealed to ensure consistency with

30  the Florida Building Code at the point the update goes into

31  effect. State agencies and local jurisdictions shall provide

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  1  such information as requested by the commission for evaluation

  2  of and recommendations for improving the effectiveness of the

  3  system of building code laws for reporting to the Legislature

  4  annually. Failure to comply with this or other requirements of

  5  this act must be reported to the Legislature for further

  6  action. Any proposed legislation providing for the revision or

  7  repeal of existing laws and rules relating to technical

  8  requirements applicable to building structures or facilities

  9  should expressly state that such legislation is not intended

10  to imply any repeal or sunset of existing general or special

11  laws that are not specifically identified in the legislation.

12         (c)  Upon written application by any substantially

13  affected person or a local enforcement agency, issue

14  declaratory statements pursuant to s. 120.565 relating to new

15  technologies, techniques, and materials which have been tested

16  where necessary and found to meet the objectives of the

17  Florida Building Code. This paragraph does not apply to the

18  types of products, materials, devices, or methods of

19  construction required to be approved under paragraph (i).

20         (d)  Upon written application by any substantially

21  affected person, state agency, or a local enforcement agency,

22  issue declaratory statements pursuant to s. 120.565 relating

23  to the interpretation, enforcement or, administration, or

24  modification by local governments of the Florida Building

25  Code. Paragraph (h) provides the exclusive remedy for

26  addressing local interpretations of the code.

27         (e)  When requested in writing by any substantially

28  affected person, state agency, or a local enforcing agency,

29  shall issue declaratory statements pursuant to s. 120.565

30  relating to this part, which shall apply prospectively only.

31

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  1  Actions of the commission are subject to judicial review

  2  pursuant to s. 120.68.

  3         (f)  Make recommendations to, and provide assistance

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

  5  regarding rules relating to accessibility for persons with

  6  disabilities.

  7         (g)  Participate with the Florida Fire Code Advisory

  8  Council created under s. 633.72, to provide assistance and

  9  recommendations relating to firesafety code interpretations.

10  The administrative staff of the commission shall attend

11  meetings of the Florida Fire Code Advisory Council and

12  coordinate efforts to provide consistency between the Florida

13  Building Code and the Florida Fire Prevention Code and the

14  Life Safety Code.

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

16  appeal regarding interpretation decisions of local building

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

18  decisions of the building officials regarding interpretations

19  of the code.  For such appeals:

20         1.  Local decisions declaring structures to be unsafe

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

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

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

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

25  jurisdiction defending the appeal.

26         3.  Actions of the commission are subject to judicial

27  review pursuant to s. 120.68.

28         (i)  Determine the types of products requiring approval

29  for local or statewide use and shall provide for the

30  evaluation and approval of such products, materials, devices,

31  and method of construction for statewide use. The commission

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  1  may prescribe by rule a schedule of reasonable fees to provide

  2  for evaluation and approval of products, materials, devices,

  3  and methods of construction. Evaluation and approval shall be

  4  by action of the commission or delegated pursuant to s.

  5  553.842 s. 553.84. This paragraph does not apply to products

  6  approved by the State Fire Marshal.

  7         (j)  Appoint experts, consultants, technical advisers,

  8  and advisory committees for assistance and recommendations

  9  relating to the major areas addressed in the Florida Building

10  Code.

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

12  organized through the department, to provide an efficient

13  supply of various levels of code enforcement personnel, design

14  professionals, commercial property owners, and construction

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

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

17  include provisions for:

18         1.  Minimum postdisaster structural, electrical, and

19  plumbing inspections and procedures.

20         2.  Emergency permitting and inspection procedures.

21         3.  Establishing contact with emergency management

22  personnel and other state and federal agencies.

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

24  rulemaking workshops and hearings, disseminating information

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

26  actions which are the responsibility of the commission.

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

28  industry, and other affected stakeholders in the examination

29  of legislative provisions and make recommendations to fulfill

30  the responsibility to develop a consistent, single code.

31

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  1         (n)  Provide technical assistance to local building

  2  departments in order to implement policies, procedures, and

  3  practices which would produce the most cost-effective property

  4  insurance ratings.

  5         (o)  Develop recommendations for local governments to

  6  use when pursuing partial or full privatization of building

  7  department functions. The recommendations shall include, but

  8  not be limited to, provisions relating to equivalency of

  9  service, conflict of interest, requirements for competency,

10  liability, insurance, and long-term accountability.

11         (3)  Upon written application by any substantially

12  affected person, the commission shall issue a declaratory

13  statement pursuant to s. 120.565 relating to a state agency's

14  interpretation and enforcement of the specific provisions of

15  the Florida Building Code the agency is authorized to enforce

16  required under this section or relating to the conformity of

17  new technologies, techniques, and materials to the objectives

18  of the Florida Building Code.  The provisions of this

19  subsection shall not be construed to provide any powers, other

20  than advisory, to the commission with respect to any decision

21  of the State Fire Marshal made pursuant to the provisions of

22  chapter 633.

23         (6)  The commission may provide by rule for plans

24  review and approval of prototype buildings owned by public and

25  private entities to be replicated throughout the state.  Such

26  approved plans or prototype buildings shall be exempt from

27  further review required by s. 553.79(2), except changes to the

28  prototype design, site plans, and other site-related items, or

29  any local amendment to any part of the Florida Building Code.

30  Construction or erection of such prototype buildings is

31

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  1  subject to local permitting and inspections pursuant to this

  2  part.

  3         Section 72.  Paragraph (b) of subsection (2) of section

  4  553.781, Florida Statutes, is amended to read:

  5         553.781  Licensee accountability.--

  6         (2)

  7         (b)  If the licensee, certificateholder, or registrant

  8  disputes the violation within 30 days following notification

  9  by the local jurisdiction, the fine is abated and the local

10  jurisdiction shall report the dispute to the Department of

11  Business and Professional Regulation or the appropriate

12  professional licensing board for disciplinary investigation

13  and final disposition. If an administrative complaint is filed

14  by the department or the professional licensing board against

15  the certificateholder or registrant, the commission may

16  intervene in such proceeding. Any fine imposed by the

17  department or the professional licensing board, pursuant to

18  matters reported by the local jurisdiction to the department

19  or the professional licensing board, shall be divided equally

20  between the board and the local jurisdiction which reported

21  the violation.

22         Section 73.  Subsections (3) and (5), paragraph (a) of

23  subsection (7), and subsections (10), (12), (14) and (16) of

24  section 553.79, Florida Statutes, are amended to read:

25         553.79  Permits; applications; issuance; inspections.--

26         (3)  The State Minimum Building Codes, after the

27  effective date of their adoption pursuant to the provisions of

28  this part, shall supersede all other building construction

29  codes or ordinances in the state, whether at the local or

30  state level and whether adopted by administrative regulation

31  or by legislative enactment, unless such building construction

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  1  codes or ordinances are more stringent than the State Minimum

  2  Building Codes and the conditions of s. 553.73(4) are met.

  3  However, this subsection does not apply to manufactured mobile

  4  homes as defined by chapter 320.  Nothing contained in this

  5  subsection shall be construed as nullifying or divesting

  6  appropriate state or local agencies of authority to make

  7  inspections or to enforce the codes within their respective

  8  areas of jurisdiction.

  9         (5)(a)  The enforcing agency shall require a special

10  inspector to perform structural inspections on a threshold

11  building pursuant to a structural inspection plan prepared by

12  the engineer or architect of record. The structural inspection

13  plan must be submitted to and approved by the enforcing agency

14  prior to the issuance of a building permit for the

15  construction of a threshold building.  The purpose of the

16  structural inspection plan is to provide specific inspection

17  procedures and schedules so that the building can be

18  adequately inspected for compliance with the permitted

19  documents. The special inspector may not serve as a surrogate

20  in carrying out the responsibilities of the building official,

21  the architect, or the engineer of record. The contractor's

22  contractual or statutory obligations are not relieved by any

23  action of the special inspector. The special inspector shall

24  determine that a professional engineer who specializes in

25  shoring design has inspected inspect the shoring and reshoring

26  for conformance with the shoring and reshoring plans submitted

27  to the enforcing agency. A fee simple title owner of a

28  building, which does not meet the minimum size, height,

29  occupancy, occupancy classification, or number-of-stories

30  criteria which would result in classification as a threshold

31  building under s. 553.71(7), may designate such building as a

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  1  threshold building, subject to more than the minimum number of

  2  inspections required by the Florida Building Code.

  3         (b)  The fee owner of a threshold building shall select

  4  and pay all costs of employing a special inspector, but the

  5  special inspector shall be responsible to the enforcement

  6  agency.  The inspector shall be a person certified, licensed,

  7  or registered under chapter 471 as an engineer or under

  8  chapter 481 as an architect.

  9         (c)  The commission shall, by rule, establish a

10  qualification program for special inspectors and shall compile

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

12  inspectors shall not be required to meet standards for

13  qualification other than those established by the commission,

14  nor shall the fee owner of a threshold building be prohibited

15  from selecting any person qualified by the commission to be a

16  special inspector. The architect or engineer of record may act

17  as the special inspector provided she or he is on the Board of

18  Professional Engineers' or the Board of Architecture and

19  Interior Design's list of persons qualified to be special

20  inspectors.  School boards may utilize employees as special

21  inspectors provided such employees are on one of the

22  professional licensing board's list of persons qualified to be

23  special inspectors.

24         (d)  The licensed architect or registered engineer

25  serving as the special inspector shall be permitted to send

26  her or his duly authorized representative to the job site to

27  perform the necessary inspections provided all required

28  written reports are prepared by and bear the seal of the

29  special inspector and are submitted to the enforcement agency.

30         (7)  Each enforcement agency shall require that, on

31  every threshold building:

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  1         (a)  The special inspector, upon completion of the

  2  building and prior to the issuance of a certificate of

  3  occupancy, file a signed and sealed statement with the

  4  enforcement agency in substantially the following form: To the

  5  best of my knowledge and belief, the above-described

  6  construction of all structural load-bearing components

  7  described in the threshold inspection plan complies with the

  8  permitted documents, and the specialty shoring design

  9  professional engineer has ascertained that the shoring and

10  reshoring conforms with the shoring and reshoring plans

11  submitted to the enforcement agency.

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

13  permit for any building construction, erection, alteration,

14  repair, or addition unless the permit either includes on its

15  face or there is attached to the permit the following

16  statement: "NOTICE: In addition to the requirements of this

17  permit, there may be additional restrictions applicable to

18  this property that may be found in the public records of this

19  county, and there may be additional permits required from

20  other governmental entities such as water management

21  districts, state agencies, or federal agencies."

22         (12)  Nothing in this section shall be construed to

23  alter or supplement the provisions of part IV of this chapter

24  relating to manufactured buildings factory-built housing.

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

26  dwelling must be issued within 30 working days of application

27  therefor unless unusual circumstances require a longer time

28  for processing the application or unless the permit

29  application fails to satisfy the enforcing agency's laws,

30  ordinances, or codes.

31

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  1         (16)(a)  The Florida Building Commission shall

  2  establish, within the Florida Building Code adopted by rule,

  3  standards for permitting residential buildings or structures

  4  moved into or within a county or municipality when such

  5  structures do not or cannot comply with the code. However,

  6  such buildings or structures shall not be required to be

  7  brought into compliance with the state minimum building code

  8  in force at the time the building or structure is moved,

  9  provided:

10         1.  The building or structure is structurally sound and

11  in occupiable condition for its intended use;

12         2.  The occupancy use classification for the building

13  or structure is not changed as a result of the move;

14         3.  The building is not substantially remodeled;

15         4.  Current fire code requirements for ingress and

16  egress are met;

17         5.  Electrical, gas, and plumbing systems meet the

18  codes in force at the time of construction and are operational

19  and safe for reconnection; and

20         6.  Foundation plans are sealed by a professional

21  engineer or architect licensed to practice in this state, if

22  required by the building code for all residential buildings or

23  structures of the same occupancy class;

24         (b)  The building official shall apply the same

25  standard to a moved residential building or structure as that

26  applied to the remodeling of any comparable residential

27  building or structure to determine whether the moved structure

28  is substantially remodeled.  The cost of the foundation on

29  which the moved building or structure is placed shall not be

30  included in the cost of remodeling for purposes of determining

31

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  1  whether a moved building or structure has been substantially

  2  remodeled.

  3         Section 74.  Effective January 1, 2001, subsections

  4  (2), (3), (6), and (9) of section 553.79, Florida Statutes, as

  5  amended by section 49 of chapter 98-287, Laws of Florida, are

  6  amended to read:

  7         553.79  Permits; applications; issuance; inspections.--

  8         (2)  No enforcing agency may issue any permit for

  9  construction, erection, alteration, modification, repair, or

10  demolition of any building or structure until the local

11  building code administrator or inspector, in conjunction with

12  the appropriate firesafety inspector, has reviewed the plans

13  and specifications for such proposal and both officials have

14  found the plans to be in compliance with the Florida Building

15  Code. In addition, an enforcing agency may not issue any

16  permit for construction, erection, alteration, modification,

17  repair, or demolition of any building until the appropriate

18  firesafety inspector certified pursuant to s. 633.081 has

19  reviewed the plans and specifications for such proposal and

20  found that the plans comply with and the Florida Fire

21  Prevention Code and the Life Safety Code as determined by the

22  local authority in accordance with this chapter and chapter

23  633. Building plans approved pursuant to s. 553.77(6) and

24  state-approved manufactured buildings are exempt from local

25  codes enforcing agency plan reviews except for provisions of

26  the code relating to erection, assembly, or construction at

27  the site.  Erection, assembly, and construction at the site

28  are subject to local permitting and inspections. Any building

29  or structure which is not subject to a firesafety code and any

30  building or structure which is exempt from the local building

31  permit process shall not be required to have its plans

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  1  reviewed by the firesafety inspector local officials. Any

  2  building or structure that is exempt from the local building

  3  permit process may not be required to have its plans reviewed

  4  by the local building code administrator. Industrial

  5  construction on sites where design, construction, and

  6  firesafety are supervised by appropriate design and inspection

  7  professionals and which contain adequate in-house fire

  8  departments and rescue squads is exempt, subject to local

  9  government option, from review of plans and inspections,

10  providing owners certify that applicable codes and standards

11  have been met and supply appropriate approved drawings to

12  local building and firesafety inspectors.  The enforcing

13  agency shall issue a permit to construct, erect, alter,

14  modify, repair, or demolish any building or structure when the

15  plans and specifications for such proposal comply with the

16  provisions of the Florida Building Code and the Florida Fire

17  Prevention Code and the Life Safety Code as determined by the

18  local authority in accordance with this chapter and chapter

19  633.

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

21  Building Code, after the effective date of adoption pursuant

22  to the provisions of this part, shall supersede all other

23  building construction codes or ordinances in the state,

24  whether at the local or state level and whether adopted by

25  administrative regulation or by legislative enactment.

26  However, this subsection does not apply to the construction of

27  manufactured manufacture of mobile homes as defined by federal

28  law.  Nothing contained in this subsection shall be construed

29  as nullifying or divesting appropriate state or local agencies

30  of authority to make inspections or to enforce the codes

31  within their respective areas of jurisdiction.

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  1         (6)  A No permit may not be issued for any building

  2  construction, erection, alteration, modification, repair, or

  3  addition unless the applicant for such permit complies with

  4  the requirements for plan review established by the Florida

  5  Building Commission within the Florida Building Code. provides

  6  to the enforcing agency which issues the permit any of the

  7  following documents which apply to the construction for which

  8  the permit is to be issued and which shall be prepared by or

  9  under the direction of an engineer registered under chapter

10  471:

11         (a)  Electrical documents for any new building or

12  addition which requires an aggregate service capacity of 600

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

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

15  industrial electrical system and which costs more than

16  $50,000.

17         (b)  Plumbing documents for any new building or

18  addition which requires a plumbing system with more than 250

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

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

21  addition which includes a fire sprinkler system which contains

22  50 or more sprinkler heads.  A Contractor I, Contractor II, or

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

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

25  alteration of an existing fire sprinkler system if the

26  alteration consists of the relocation, addition, or deletion

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

28  existing fire sprinkler system.

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

30  documents for any new building or addition which requires more

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

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

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

  3  document for the replacement or repair of an existing system

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

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

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

  7         (e)  Any specialized mechanical, electrical, or

  8  plumbing document for any new building or addition which

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

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

11  costs more than $5,000.

12

13  Documents requiring an engineer seal by this part shall not be

14  valid unless a professional engineer who possesses a valid

15  certificate of registration has signed, dated, and stamped

16  such document as provided in s. 471.025.

17         (9)  Any state agency whose enabling legislation

18  authorizes it to enforce provisions of the Florida Building

19  Code may enter into an agreement with any other unit of

20  government to delegate its responsibility to enforce those

21  provisions and may with building construction responsibility

22  is authorized to expend public funds for permit and inspection

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

24  others.

25         Section 75.  Effective January 1, 2001, subsection (1)

26  and paragraph (a) of subsection (6) of section 553.80, Florida

27  Statutes, as amended by section 51 of chapter 98-287, Laws of

28  Florida, are amended, and paragraph (d) is added to subsection

29  (6) of that section, to read:

30         553.80  Enforcement.--

31

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  1         (1)  Except as provided in paragraphs (a)-(e), It shall

  2  be the responsibility of each local government and each

  3  legally constituted enforcement district with statutory

  4  authority shall to regulate building construction and, where

  5  authorized in the state agency's enabling legislation, each

  6  state agency shall to enforce the Florida Building Code

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

  8  structures, and facilities, unless such responsibility has

  9  been delegated to another unit of government pursuant to s.

10  553.79(9).

11         (a)  Construction regulations relating to correctional

12  facilities under the jurisdiction of the Department of

13  Corrections and the Department of Juvenile Justice are to be

14  enforced exclusively by those departments.

15         (b)  Construction regulations relating to elevator

16  equipment under the jurisdiction of the Bureau of Elevators of

17  the Department of Business and Professional Regulation shall

18  be enforced exclusively by that department.

19         (c)  In addition to the requirements of s. 553.79 and

20  this section, facilities subject to the provisions of chapter

21  395 and part II of chapter 400 shall have facility plans

22  reviewed and construction surveyed by the state agency

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

24  part II of chapter 400 and the certification requirements of

25  the Federal Government.

26         (d)  Building plans approved pursuant to s. 553.77(6)

27  and state-approved manufactured buildings, including buildings

28  manufactured and assembled offsite and not intended for

29  habitation, such as lawn storage buildings and storage sheds,

30  are exempt from local code enforcing agency plan reviews

31  except for provisions of the code relating to erection,

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  1  assembly, or construction at the site. Erection, assembly, and

  2  construction at the site are subject to local permitting and

  3  inspections.

  4         (e)  Construction regulations governing public schools,

  5  state universities, and community colleges shall be enforced

  6  as provided in subsection (6).

  7

  8  The governing bodies of local governments may provide a

  9  schedule of fees, as authorized by s. 125.56(2) or s. 166.222

10  and this section, for the enforcement of the provisions of

11  this part.  Such fees shall be used solely for carrying out

12  the local government's responsibilities in enforcing the

13  Florida Building Code. The authority of state enforcing

14  agencies to set fees for enforcement shall be derived from

15  authority existing on July 1, 1998 the effective date of this

16  act. However, nothing contained in this subsection shall

17  operate to limit such agencies from adjusting their fee

18  schedule in conformance with existing authority.

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

20  universities, community colleges, and public school districts

21  shall be subject to enforcement of the Florida Building Code

22  pursuant to this part.

23         (a)  State universities, state community colleges, or

24  public school districts shall conduct plan review and

25  construction inspections to enforce building code compliance

26  for their building projects that are subject to the Florida

27  Building Code. Such entities shall use have personnel or

28  contract providers appropriately certified under part XII of

29  chapter 468 to perform the plan reviews and inspections

30  required by the code. Under such arrangements, such entities

31  shall not be subject to local government permitting

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  1  requirements, plans review, and inspection fees. State

  2  universities, state community colleges, and public school

  3  districts shall be liable and responsible for all of their

  4  buildings, structures, and facilities. Nothing in this

  5  paragraph shall be construed to limit the authority of the

  6  county, municipality, or code enforcement district to ensure

  7  that buildings, structures, and facilities owned by such

  8  entities comply with the Florida Building Code or to limit the

  9  authority and responsibility of the fire official to conduct

10  firesafety inspections pursuant to chapter 633.

11         (d)  School boards, community college boards, and state

12  universities may use annual facility maintenance permits to

13  facilitate routine maintenance, emergency repairs, building

14  refurbishment, and minor renovations of systems or equipment.

15  The amount expended for maintenance projects may not exceed

16  $200,000 per project. A facility maintenance permit is valid

17  for 1 year. A detailed log of alterations must be maintained

18  and annually submitted to the building official. The building

19  official retains the right to make inspections at the facility

20  site as he or she considers necessary. Code compliance must be

21  provided upon notification by the building official. If a

22  pattern of code violations is found, the building official may

23  withhold the issuance of future annual facility maintenance

24  permits.

25

26  Nothing in this part shall be construed to authorize counties,

27  municipalities, or code enforcement districts to conduct any

28  permitting, plans review, or inspections not covered by the

29  Florida Building Code. Any actions by counties or

30  municipalities not in compliance with this part may be

31  appealed to the Florida Building Commission. The commission,

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  1  upon a determination that actions not in compliance with this

  2  part have delayed permitting or construction, may suspend the

  3  authority of a county, municipality, or code enforcement

  4  district to enforce the Florida Building Code on the

  5  buildings, structures, or facilities of a state university,

  6  state community college, or public school district and provide

  7  for code enforcement at the expense of the state university,

  8  state community college, or public school district.

  9         Section 76.  Effective January 1, 2001, section 553.83,

10  Florida Statutes, is amended to read:

11         553.83  Injunctive relief.--Any local government,

12  legally constituted enforcement district, or state agency

13  authorized to enforce sections of the Florida Building Code

14  under s. 553.80 code enforcing agency may seek injunctive

15  relief from any court of competent jurisdiction to enjoin the

16  offering for sale, delivery, use, occupancy, erection,

17  alteration, or installation of any building covered by this

18  part, upon an affidavit of the local government, code

19  enforcement district, or state code enforcing agency

20  specifying the manner in which the building does not conform

21  to the requirements of the Florida portion of the State

22  Minimum Building Code, or local amendments to the Florida

23  Building Code Codes adopted in that jurisdiction.

24  Noncompliance with the a building code promulgated under this

25  part shall be considered prima facie evidence of irreparable

26  damage in any cause of action brought under authority of this

27  part.

28         Section 77.  Effective January 1, 2001, section 553.84,

29  Florida Statutes, is amended to read:

30         553.84  Statutory civil action.--Notwithstanding any

31  other remedies available, any person or party, in an

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  1  individual capacity or on behalf of a class of persons or

  2  parties, damaged as a result of a violation of this part or

  3  the Florida State Minimum Building Code Codes, has a cause of

  4  action in any court of competent jurisdiction against the

  5  person or party who committed the violation.

  6         Section 78.  Subsections (2), (3), and (9) of section

  7  553.841, Florida Statutes, are amended to read:

  8         553.841  Building code training program; participant

  9  competency requirements.--

10         (2)  The commission shall establish by rule the

11  Building Code Training Program to develop and provide a core

12  curriculum and advance module courses relating to the Florida

13  Building Code and a system of administering and enforcing the

14  Florida Building Code.

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

16  administered by the commission in consultation with the

17  Department of Education, the Department of Community Affairs,

18  the Department of Business and Professional Regulation, the

19  State Fire Marshal, the State University System, and the

20  Division of Community Colleges.

21         (9)  The commission, in consultation with the

22  Department of Business and Professional Regulation, shall

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

24  program,  a core curriculum and specialized or advanced module

25  coursework for the construction workforce, including, but not

26  limited to, superintendents and, journeymen, and residential

27  designers.

28         Section 79.  Subsection (1) of section 553.842, Florida

29  Statutes, is amended, present subsections (5) through (12) of

30  that section are redesignated as subsections (6) through (13),

31

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  1  respectively, and a new subsection (5) is added to that

  2  section to read:

  3         553.842  Product evaluation and approval.--

  4         (1)  The commission shall make recommendations to the

  5  Legislature by February 1, 2001, for a statewide may adopt

  6  rules pursuant to ss. 120.536(1) and 120.54 to develop and

  7  implement a product evaluation and approval system to operate

  8  in coordination with the Florida Building Code.  The product

  9  evaluation and approval system shall provide:

10         (a)  Appropriate promotion of innovation and new

11  technologies.

12         (b)  Processing submittals of products from

13  manufacturers in a timely manner.

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

15  testing and laboratory facilities.

16         (d)  An easily accessible product acceptance list to

17  entities subject to the Florida Building Code.

18         (e)  Development of stringent but reasonable testing

19  criteria based upon existing consensus standards, when

20  available, for products.

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

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

23         (h)  Cost-effectiveness.

24         (5)  Notwithstanding subsection (4), any county defined

25  in s. 125.011 or a county operating under a home rule charter

26  adopted on or before November 5, 1974, are not precluded from

27  requiring its own testing, evaluation, or submission of other

28  evidence as a condition of using the product within that

29  county, regardless of whether such testing, evaluation, or

30  submission of other evidence is more stringent than, or

31  otherwise differs from, that required for statewide approval.

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  1

  2  For purposes of this section, an approved product evaluation

  3  entity is an entity that has been accredited by a nationally

  4  recognized independent evaluation authority or entity

  5  otherwise approved by the commission.

  6         Section 80.  Effective January 1, 2001, section 553.85,

  7  Florida Statutes, is amended to read:

  8         553.85  Liquefied petroleum gases.--The provisions of

  9  the Florida State Minimum Building Code Codes and the rules

10  and regulations adopted thereunder for the design,

11  construction, location, installation, services, and operation

12  of equipment for storing, handling, transporting, and

13  utilization of liquefied petroleum gases shall not be in

14  conflict with chapter 527.

15         Section 81.  Section 553.901, Florida Statutes, is

16  amended to read:

17         553.901  Purpose of thermal efficiency code.--By

18  January 1, 2001, the Department of Community Affairs shall

19  prepare a The purpose of this thermal efficiency code is to

20  provide for a statewide uniform standard for energy efficiency

21  in the thermal design and operation of all buildings

22  statewide, consistent with energy conservation goals, and to

23  best provide for public safety, health, and general welfare.

24  The Florida Building Commission shall adopt the Florida Energy

25  Efficiency Code for Building Construction within the Florida

26  Building Code, and Department of Community Affairs shall

27  adopt, modify, revise, update, and maintain the Florida Energy

28  Efficiency code for Building Construction to implement the

29  provisions of this thermal efficiency code and amendments

30  thereto, in accordance with the procedures of chapter 120.

31  The department shall, at least triennially, determine the most

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  1  cost-effective energy-saving equipment and techniques

  2  available and report its determinations to the commission,

  3  which shall update the code to incorporate such equipment and

  4  techniques.  The proposed changes shall be made available for

  5  public review and comment no later than 6 months prior to code

  6  implementation.  The term "cost-effective," for the purposes

  7  of this part, shall be construed to mean cost-effective to the

  8  consumer.

  9         Section 82.  Subsections (1), (4), (6), and (7) of

10  section 553.902, Florida Statutes, are amended to read:

11         553.902  Definitions.--For the purposes of this part:

12         (1)  "Exempted building" means:

13         (a)  Any building or portion thereof whose peak design

14  rate of energy usage for all purposes is less than 1 watt (3.4

15  Btu per hour) per square foot of floor area for all purposes.

16         (b)  Any building which is neither heated nor cooled by

17  a mechanical system designed to control or modify the indoor

18  temperature and powered by electricity or fossil fuels.

19         (c)  Any building for which federal mandatory standards

20  preempt state energy codes.

21         (d)  Any historical building as described in s.

22  267.021(6).

23         (e)  Any state building that must conform to the more

24  stringent "Florida Energy Conservation Act of 1974" and

25  amendments thereto.

26

27  The Florida Building Commission may recommend to the

28  Legislature additional types of buildings which should be

29  exempted from compliance with the Florida Energy Efficiency

30  Code for Building Construction.

31

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  1         (4)  "Local enforcement agency" means the agency of

  2  local government which has the authority to make inspections

  3  of buildings and to enforce the Florida Building Code a code

  4  or codes which establish standards for construction,

  5  renovation, or occupancy of buildings. It includes any agency

  6  within the definition of s. 553.71(5).

  7         (6)  "Energy performance index" or "EPI" means a number

  8  describing the relative energy performance of a residential

  9  building as compared to a residential building designed to

10  baseline energy performance levels for the envelope, HVAC, and

11  water heating components.  The number shall be calculated

12  according to rules and procedures promulgated by the

13  Department of Community Affairs.

14         (6)(7)  "Energy performance level" means the indicator

15  of the energy-related performance of a building, including,

16  but not limited to, the levels of insulation, the amount and

17  type of glass, and the HVAC and water heating system

18  efficiencies.

19         Section 83.  Section 553.903, Florida Statutes, is

20  amended to read:

21         553.903  Applicability.--This part shall apply to all

22  new and renovated buildings in the state, except exempted

23  buildings, for which building permits are obtained after March

24  15, 1979, and to the installation or replacement of building

25  systems and components with new products for which thermal

26  efficiency standards are set by the Florida Energy Efficiency

27  Code for Building Construction. The provisions of this part

28  shall constitute a statewide uniform code. The criteria for

29  compliance shall include the provision that the performance

30  level of a building built to such thermal performance

31

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  1  standards shall not vary more than 5 percent as a result of

  2  choice of energy source.

  3         Section 84.  Section 553.907, Florida Statutes, is

  4  amended to read:

  5         553.907  Compliance.--Owners of all buildings required

  6  to comply with this part, or their agents, must certify

  7  compliance to the designated local enforcement agency prior to

  8  receiving the permit to begin construction or renovation.  If,

  9  during the building construction or renovation, alterations

10  are made in the design, materials, or equipment which would

11  diminish the energy performance of the building, an amended

12  copy of the compliance certification must be submitted to the

13  local enforcement agency on or before the date of final

14  inspection by the building owner or his or her agent and must

15  be placed on the building permit. Each local enforcement

16  agency shall report to the department any information

17  concerning compliance certifications and amendments at such

18  intervals as the department designates by rule adopted in

19  accordance with chapter 120.

20         Section 85.  Section 553.9085, Florida Statutes, is

21  amended to read:

22         553.9085  Energy performance disclosure for residential

23  buildings.--The energy performance level resulting from

24  compliance with the provisions of this part, for each new

25  residential building, shall be disclosed at the request of the

26  prospective purchaser.  In conjunction with the normal

27  responsibilities and duties of this part, the local building

28  official shall require that a complete and accurate energy

29  performance level display card be completed and certified by

30  the builder as accurate and correct before final approval of

31  the building for occupancy.  The energy performance level

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  1  display card shall be included as an addendum to each sales

  2  contract executed after January 1, 1994.  The display card

  3  shall be uniform statewide and developed by the Department of

  4  Community Affairs. At a minimum, the display card shall list

  5  information indicating the energy performance level of the

  6  dwelling unit, including an EPI when appropriate, resulting

  7  from compliance with the code, shall be signed by the builder,

  8  and shall list general information about the energy

  9  performance level and the code.

10         Section 86.  Subsection (1) of section 553.909, Florida

11  Statutes, is amended to read:

12         553.909  Setting requirements for appliances;

13  exceptions.--

14         (1)  The Florida Energy Efficiency Code for Building

15  Construction shall set the minimum requirements for heat traps

16  and thermostat settings for water heaters sold after October

17  1, 1980, for residential use shall be installed with a heat

18  trap and shall have the thermostat set at 110 °F or whatever

19  minimum the unit is capable of if it exceeds 110 °F. The code

20  shall further establish the minimum acceptable standby loss

21  for electric water heaters and the minimum recovery efficiency

22  and standby loss for may not have a standby loss which exceeds

23  4 watts per square foot of tank surface per hour. water

24  heaters fueled by natural gas or liquefied petroleum gas in

25  any form which are sold or installed after March 1, 1981,

26  shall have a recovery efficiency of 75 percent or more and

27  shall have a standby loss in percent per hour not exceeding

28  the number determined by dividing 67 by the volume of the tank

29  in gallons and adding the result to 2.8.

30         Section 87.  Section 627.0626, Florida Statutes, is

31  created to read:

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  1         627.0626  Residential property insurance; rate

  2  filings.--A rate filing for residential property made after

  3  the effective date of the Florida Building Code must include

  4  discounts, credits, or other rate differentials that will

  5  effectively lower windstorm insurance rates for residences

  6  constructed to the standards of the Florida Building Code and

  7  for residences which have been retrofitted with construction

  8  techniques or fixtures intended to reduce the amount of loss

  9  resulting from windstorm damage. The discounts, rebates,

10  credits, or rate reductions must be based on a maximum 5-year

11  cost-of-recovery formula approved by the Insurance

12  Commissioner. The cost-of-recovery formula must include, but

13  is not limited to, construction techniques and fixtures that

14  enhance roof strength; roof-covering performance; roof-to-wall

15  connection strength; foundation and floor-to-wall connection

16  strength; opening protection; window, door and skylight

17  performance and strength; and any other construction

18  techniques, materials, and fixtures that meet the requirements

19  of the Florida Building Code. All windstorm insurers must

20  include the requirements of this section in any rate filing

21  made after the effective date of the Florida Building Code.

22         Section 88.  Effective January 1, 2001, subsection (6)

23  of section 633.01, Florida Statutes, as amended by section 57

24  of chapter 98-287, Laws of Florida, is amended to read:

25         633.01  State Fire Marshal; powers and duties; rules.--

26         (6)  Only the State Fire Marshal may issue, and, when

27  requested in writing by any substantially affected person or a

28  local enforcing agency, the State Fire Marshal shall issue The

29  Department of Insurance shall issue, when requested in writing

30  by any substantially affected person or a local enforcing

31  agency, declaratory statements pursuant to s. 120.565 relating

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  1  to the Florida Fire Prevention Code and the Life Safety Code.

  2  Such declaratory statements shall apply prospectively, except

  3  whenever the State Fire Marshal determines that a serious

  4  threat to life exists that warrants retroactive application.

  5         Section 89.  Effective January 1, 2001, subsections

  6  (1), (2), (3), (4), and (5) of section 633.0215, Florida

  7  Statutes, as created by section 59 of chapter 98-287, Laws of

  8  Florida, are amended, and subsections (7), (8), and (9) are

  9  added to that section, to read:

10         633.0215  Florida Fire Prevention Code.--

11         (1)  The State Fire Marshal department shall adopt, by

12  rule pursuant to ss. 120.536(1) and 120.54, the Florida Fire

13  Prevention Code which shall contain or incorporate by

14  reference all firesafety laws and rules that pertain to and

15  govern the design, construction, erection, alteration,

16  modification, repair, and demolition of public and private

17  buildings, structures, and facilities and the enforcement of

18  such firesafety laws and rules. The department shall adopt a

19  new edition of the Florida Fire Prevention Code every third

20  year.

21         (2)  The State Fire Marshal department shall adopt the

22  National Fire Protection Association's Standard 1, Fire

23  Prevention Code.  The State Fire Marshal department shall

24  adopt the Life Safety Code, Pamphlet 101, current editions, by

25  reference.  The State Fire Marshal department may modify the

26  selected codes and standards as needed to accommodate the

27  specific needs of the state.  Standards or criteria in the

28  selected codes shall be similarly incorporated by reference.

29  The State Fire Marshal department shall incorporate within

30  sections of the Florida Fire Prevention Code provisions that

31  address uniform firesafety standards as established in s.

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  1  633.022.  The State Fire Marshal department shall incorporate

  2  within sections of the Florida Fire Prevention Code provisions

  3  addressing regional and local concerns and variations.

  4         (3)  No later than 180 days before the triennial

  5  adoption of the Florida Fire Prevention Code, the State Fire

  6  Marshal shall notify each municipal, county, and special

  7  district fire department of the triennial code adoption and

  8  steps necessary for local amendments to be included within the

  9  code. No later than 120 days before the triennial adoption of

10  the Florida Fire Prevention Code, each local jurisdiction

11  shall provide the State Fire Marshal with copies of its local

12  fire code amendments. The State Fire Marshal has the option to

13  process local fire code amendments that are received less than

14  120 days before the adoption date of the Florida Fire

15  Prevention Code.

16         (a)  The State Fire Marshal shall review or cause the

17  review of local amendments to determine:

18         1.  If the local amendment should be adopted as a

19  statewide provision;

20         2.  That the local amendment does not provide a lesser

21  degree of life safety than the code otherwise provides; and

22         3.  That the local amendment does not reference a

23  different edition of the national fire codes or other national

24  standard than the edition provided or referenced in the

25  uniform or minimum firesafety codes adopted by the State Fire

26  Marshal or prescribed by statute.

27         (b)  Any local amendment to the Florida Fire Prevention

28  Code adopted by a local government shall be effective only

29  until the adoption by the department of the new edition of the

30  Florida Fire Prevention Code, which shall be every third year.

31  At such time, the State Fire Marshal department shall adopt

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  1  such amendment as part of the Florida Fire Prevention Code or

  2  rescind the amendment.  The State Fire Marshal department

  3  shall immediately notify the respective local government of

  4  the rescission of the amendment and the reason for the

  5  rescission. After receiving such notice, the respective local

  6  government may readopt the rescinded amendment. Incorporation

  7  of local amendments as regional and local concerns and

  8  variations shall be considered as adoption of an amendment

  9  pursuant to this part.

10         (c)  Notwithstanding other state or local building and

11  construction code laws to the contrary, locally adopted fire

12  code requirements that were in existence on the effective date

13  of this section shall be deemed local variations of the

14  Florida Fire Prevention Code until the State Fire Marshal

15  department takes action to adopt as a statewide firesafety

16  code requirement or rescind such requirements as provided

17  herein, and such action shall take place no later than January

18  1, 2001.

19         (4)  The State Fire Marshal department shall update, by

20  rule adopted pursuant to ss. 120.536(1) and 120.54, the

21  Florida Fire Prevention Code every 3 years.  Once initially

22  adopted and subsequently updated by the department, the

23  Florida Fire Prevention Code and the Life Safety Code shall be

24  adopted for use statewide without adoptions by local

25  governments.  When updating the Florida Fire Prevention Code

26  and the most recent edition of the Life Safety Code, the State

27  Fire Marshal department shall consider changes made by the

28  national model fire codes incorporated into the Florida Fire

29  Prevention Code, the State Fire Marshal's department's own

30  interpretations, declaratory statements, appellate decisions,

31  and approved statewide and local technical amendments.

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  1         (5)  The State Fire Marshal department may approve

  2  technical amendments notwithstanding the 3-year update cycle

  3  of the Florida Fire Prevention Code upon finding that a threat

  4  to life exists that would warrant such action, subject to

  5  chapter 120.

  6         (7)  Any local amendment adopted by a local government

  7  must strengthen the requirements of the minimum firesafety

  8  code.

  9         (8)  Within 30 days after a local government adopts a

10  local amendment, the local government must transmit the

11  amendment to the Florida Building Commission and the State

12  Fire Marshal.

13         (9)  The State Fire Marshal shall make rules that

14  implement this section and ss. 633.01 and 633.025 for the

15  purpose of accomplishing the objectives set forth in those

16  sections.

17         Section 90.  Effective January 1, 2001, subsections

18  (1), (3), (4), (8), and (9) of section 633.025, Florida

19  Statutes, as amended by section 59 of chapter 98-287, Laws of

20  Florida, are amended to read:

21         633.025  Minimum firesafety standards.--

22         (1)  The Florida Fire Prevention Code and the Life

23  Safety Code adopted by the State Fire Marshal Department of

24  Insurance, which shall operate in conjunction with the Florida

25  Building Code, shall be deemed adopted by each municipality,

26  county, and special district with firesafety responsibilities.

27  The minimum firesafety codes shall not apply to buildings and

28  structures subject to the uniform firesafety standards under

29  s. 633.022 and buildings and structures subject to the minimum

30  firesafety standards adopted pursuant to s. 394.879.

31

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  1         (3)  The most current edition of the National Fire

  2  Protection Association (NFPA) 101, Life Safety Code, adopted

  3  by the State Fire Marshal Department of Insurance, shall be

  4  deemed to be adopted by each municipality, county, and special

  5  district with firesafety responsibilities as part of the

  6  minimum firesafety code.

  7         (4)  Such codes shall be minimum codes and a

  8  municipality, county, or special district with firesafety

  9  responsibilities may adopt more stringent firesafety

10  standards, subject to the requirements of this subsection.

11  Such county, municipality, or special district may establish

12  alternative requirements to those requirements which are

13  required under the minimum firesafety standards on a

14  case-by-case basis, in order to meet special situations

15  arising from historic, geographic, or unusual conditions, if

16  the alternative requirements result in a level of protection

17  to life, safety, or property equal to or greater than the

18  applicable minimum firesafety standards. For the purpose of

19  this subsection, the term "historic" means that the building

20  or structure is listed on the National Register of Historic

21  Places of the United States Department of the Interior.

22         (a)  The local governing body shall determine,

23  following a public hearing which has been advertised in a

24  newspaper of general circulation at least 10 days before the

25  hearing, if there is a need to strengthen the requirements of

26  the minimum firesafety code adopted by such governing body.

27  The determination must be based upon a review of local

28  conditions by the local governing body, which review

29  demonstrates that local conditions justify more stringent

30  requirements than those specified in the minimum firesafety

31  code for the protection of life and property or justify

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  1  requirements that meet special situations arising from

  2  historic, geographic, or unusual conditions.

  3         (b)  Such additional requirements shall not be

  4  discriminatory as to materials, products, or construction

  5  techniques of demonstrated capabilities.

  6         (c)  Paragraphs (a) and (b) apply solely to the local

  7  enforcing agency's adoption of requirements more stringent

  8  than those specified in the Florida Fire Prevention Code and

  9  the Life Safety Code that have the effect of amending building

10  construction standards. Upon request, the enforcing agency

11  shall provide a person making application for a building

12  permit, or any state agency or board with construction-related

13  regulation responsibilities, a listing of all such

14  requirements and codes.

15         (d)  A local government which adopts amendments to the

16  minimum firesafety code must provide a procedure by which the

17  validity of such amendments may be challenged by any

18  substantially affected party to test the amendment's

19  compliance with the provisions of this section.

20         1.  Unless the local government agrees to stay

21  enforcement of the amendment, or other good cause is shown,

22  the challenging party shall be entitled to a hearing on the

23  challenge within 45 days.

24         2.  For purposes of such challenge, the burden of proof

25  shall be on the challenging party, but the amendment shall not

26  be presumed to be valid or invalid.

27

28  This subsection gives local government the authority to

29  establish firesafety codes that exceed the minimum firesafety

30  codes and standards adopted by the State Fire Marshal. The

31  Legislature intends that local government give proper public

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  1  notice and hold public hearings before adopting more stringent

  2  firesafety codes and standards. A substantially affected

  3  person may appeal, to the Department of Insurance, the local

  4  government's resolution of the challenge, and the department

  5  shall determine if the amendment complies with this section.

  6  Actions of the department are subject to judicial review

  7  pursuant to s. 120.68. The department shall consider reports

  8  of the Florida Building Commission, pursuant to part VII of

  9  chapter 533, when evaluating building code enforcement.

10         (8)  Electrically Battery operated single station smoke

11  detectors required shall be considered as an approved

12  detection device for residential buildings are not required to

13  be interconnected within individual living units in all

14  buildings having direct access to the outside from each living

15  unit and having three stories or less. This subsection does

16  not apply to any residential building required to have a

17  manual or an automatic fire alarm system.

18         (9)  The provisions of the Life Safety Code shall not

19  apply to newly constructed one-family and two-family

20  dwellings.  However, fire sprinkler protection may be

21  permitted by local government in lieu of other fire

22  protection-related development requirements for in such

23  structures.

24         Section 91.  Section 633.72, Florida Statutes, is

25  amended to read:

26         633.72  Florida Fire Code Advisory Council.--

27         (1)  There is created within the department the Florida

28  Fire Code Advisory Council with 11 seven members appointed by

29  the State Fire Marshal.  The council, in cooperation with the

30  Florida Building Commission, shall advise and recommend to the

31  State Fire Marshal and, where appropriate, for further

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  1  recommendation to the Legislature changes to in and

  2  interpretation of the uniform firesafety standards adopted

  3  under s. 633.022, the Florida Fire Prevention Code, and those

  4  portions of the Florida Fire Prevention Code codes that have

  5  the effect of conflicting with building construction standards

  6  that are adopted pursuant to ss. s. 633.0215 and 633.022.  The

  7  members of the council shall represent the following groups

  8  and professions:

  9         (a)  One member shall be the State Fire Marshal, or his

10  or her designated appointee who shall be an administrative

11  employee of the marshal;

12         (b)  One member shall be an administrative officer from

13  a fire department representing a municipality or a county

14  selected from a list of persons submitted by the Florida Fire

15  Chiefs Association;

16         (c)  One member shall be an architect licensed in the

17  state selected from a list of persons submitted by the Florida

18  Association/American Institute of Architects;

19         (d)  One member shall be an a structure engineer with

20  fire protection design experience registered to practice in

21  the state selected from a list of persons submitted by the

22  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

31

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  1         (g)  One member shall be a Florida certified

  2  firefighter selected from a list submitted by the Florida

  3  Professional Firefighters' Association;

  4         (h)  One member shall be a Florida certified municipal

  5  fire inspector selected from a list submitted by the Florida

  6  Fire Marshal's Association;

  7         (i)  One member shall be selected from a list submitted

  8  by the Department of Education;

  9         (j)  One member shall be selected from a list submitted

10  by the Chancellor of the State University System; and

11         (k)(g)  One member shall be representative of the

12  general public.

13         (2)(h)  The administrative staff of the State Fire

14  Marshal and shall attend meetings of the Florida Building

15  Commission shall and coordinate efforts to provide consistency

16  between the Florida Building Code and the Florida Fire

17  Prevention Code and the Life Safety Code.

18         (3)  The council and Florida Building Commission shall

19  cooperate through joint representation and staff coordination

20  of codes and standards to resolve conflicts in their

21  development, updating, and interpretation.

22         (4)(2)  Each appointee shall serve a 4-year term.  No

23  member shall serve more than one term.  No member of the

24  council shall be paid a salary as such member, but each shall

25  receive travel and expense reimbursement as provided in s.

26  112.061.

27         Section 92.  Effective January 1, 2001, section

28  655.962, Florida Statutes, is amended to read:

29         655.962  Lighting; mirrors; landscaping.--

30         (1)  Each operator of an automated teller machine, or

31  other person that controls the access area or defined parking

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  1  area to be lighted, shall comply with this section and the

  2  provisions of the Florida Building Code which govern required

  3  lighting and mirrors for automated teller machines subsections

  4  (2), (3), and (4) no later than 1 year after October 1, 1994.

  5  If the access area or defined parking area to be lighted is

  6  controlled by a person other than the operator, such other

  7  person shall comply with subsections (2), (3), and (4) no

  8  later than 1 year after October 1, 1994.

  9         (2)  Each operator, or other person responsible for an

10  automated teller machine pursuant to ss. 655.960-655.965,

11  shall provide lighting as required by the Florida Building

12  Code during the hours of darkness with respect to an open and

13  operating automated teller machine and any defined parking

14  area, access area, and the exterior of an enclosed automated

15  teller machine installation., as follows:

16         (a)  There shall be a minimum of 10 candlefoot power at

17  the face of the automated teller machine and extending in an

18  unobstructed direction outward 5 feet.

19         (b)  There shall be a minimum of 2 candlefoot power

20  within 50 feet in all unobstructed directions from the face of

21  the automated teller machine. If the automated teller machine

22  is located within 10 feet of the corner of the building and

23  the automated teller machine is generally accessible from the

24  adjacent side, there shall be a minimum of 2 candlefoot power

25  along the first 40 unobstructed feet of the adjacent side of

26  the building.

27         (c)  There shall be a minimum of 2 candlefoot power in

28  that portion of the defined parking area within 60 feet of the

29  automated teller machine.

30         (3)  The operator shall provide reflective mirrors or

31  surfaces at each automated teller machine which comply with

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  1  the Florida Building Code and which provide the customer with

  2  a rear view while the customer is engaged in using the

  3  automated teller machine.

  4         (4)  The operator, or other person responsible pursuant

  5  to ss. 655.960-655.965 for an automated teller machine, shall

  6  ensure that the height of any landscaping, vegetation, or

  7  other physical obstructions in the area required to be lighted

  8  pursuant to subsection (2) for any open and operating

  9  automated teller machine shall not exceed 3 feet, except that

10  trees trimmed to a height of 10 feet and whose diameters are

11  less than 2 feet and manmade physical obstructions required by

12  statute, law, code, ordinance, or other governmental

13  regulation shall not be affected by this subsection.

14         Section 93.  Section 62 of chapter 98-287, Laws of

15  Florida, is amended to read:

16         Section 62.  (1)  Before the 2000 Regular Session of

17  the Legislature, the Florida Building Commission shall submit

18  to the Legislature, for review and approval or rejection, the

19  Florida Building Code adopted by the commission and shall

20  prepare list of recommendations of revisions to the Florida

21  Statutes necessitated by adoption of the Florida Building Code

22  if the Legislature approves the Florida Building Code.

23         (2)  Effective January 1, 2001 Upon approval of the

24  Florida Building Code by the Legislature, all existing local

25  technical amendments to any building code adopted by any local

26  government, except for local ordinances setting forth

27  administrative requirements which are not in conflict with the

28  Florida Building Code, are repealed. Each local government may

29  readopt such amendments pursuant to s. 553.73, Florida

30  Statutes, provided such amendments comply with applicable

31  provisions of the Florida Building Code.

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  1         Section 94.  Section 68 of chapter 98-287, Laws of

  2  Florida, is amended to read:

  3         Section 68.  Effective January 1, 2001 upon the

  4  approval by the Legislature of the adoption of the Florida

  5  Building Code by the Florida Building Commission, parts I, II,

  6  and III of chapter 553, Florida Statutes, consisting of

  7  sections 553.01, 553.02, 553.03, 553.04, 553.041, 553.05,

  8  553.06, 553.07, 553.08, 553.10, 553.11, 553.14, 553.15,

  9  553.16, 553.17, 553.18, 553.19, 553.20, 553.21, 553.22,

10  553.23, 553.24, 553.25, 553.26, 553.27, and 553.28, Florida

11  Statutes, are repealed, and section 553.141, Florida Statutes,

12  is transferred and renumbered as section 553.86, Florida

13  Statutes, and section 553.19, Florida Statutes, is transferred

14  and renumbered as section 553.87, Florida Statutes.

15         Section 95.  The Legislature has reviewed the Florida

16  Building Code that was adopted by action of the Florida

17  Building Commission on February 15, 2000, and that was noticed

18  for rule adoption by reference in Rule 9B-3.047, F.A.C., on

19  February 18, 2000, in the Florida Administrative Weekly on

20  page 731. The Florida Building Commission is directed to

21  continue the process to adopt the code, pursuant to section

22  120.54(3), Florida Statutes, and to incorporate the following

23  provisions or standards for the State of Florida:

24         (1)  The commission shall apply the criteria set forth

25  at section 553.73(7)(a) and (b), Florida Statutes, as amended

26  by section 40 of chapter 98-287, Laws of Florida, and section

27  553.73(6)(c), Florida Statutes, as created by this act, for

28  the adoption of any amendments to the base codes after the

29  effective date of this act.

30         (2)  There is appropriated from the Florida Hurricane

31  Catastrophe Fund to the Department of Community Affairs an

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  1  amount sufficient to demonstrate the true cost and risk

  2  reduction of, and educate the stakeholders regarding, the

  3  proposed Florida Building Code. The department shall undertake

  4  this demonstration and education project for the following

  5  purposes and outcomes:

  6         (a)  The construction of residential single-family

  7  homes in various regions of the state to the standards of the

  8  proposed Florida Building Code. These project homes shall be

  9  used to determine the cost differential between the Florida

10  Building Code and the current state minimum building code. The

11  department shall provide the resources to offset any increased

12  cost of building to the proposed Florida Building Code, and

13  shall provide an analysis and accounting of such additional

14  costs prepared by an appropriate engineering firm and

15  accounting firm. These homes shall be used for educational

16  purposes in the local community.

17         (b)  The results of the accounting and analysis shall

18  be forwarded by the department to the Florida Building

19  Commission for use in reviewing the proposed Florida Building

20  Code.

21         (c)  The accounting and analysis shall be forwarded to

22  the Department of Insurance, which shall use the accounting

23  and analysis in determining the basis for property and

24  casualty windstorm insurance rate reductions and rebates to

25  consumers.

26         (3)  The department shall implement this project

27  contingent upon and subject to legislative appropriations as

28  soon as budget authority is available following the 2000

29  legislative session. Resources for this project shall be

30  expeditiously made available to project participants. The

31  Department of Community Affairs, the Florida Building

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  1  Commission, the Florida Insurance Council, the Department of

  2  Insurance, the Joint Windstorm Underwriting Association, the

  3  Florida Home Builders Association, and the Building Officials

  4  Association of Florida shall serve as an advisory group for

  5  this project. Decisions regarding the conduct of the project

  6  and contracting with the appropriate engineering group and

  7  accounting group shall be made by consensus of the advisory

  8  group.

  9         (4)  The Department of Community Affairs shall issue a

10  preliminary report of its findings to the Governor, the

11  President of the Senate, and the Speaker of the House of

12  Representatives prior to the beginning of the 2001 legislative

13  session and shall issue its final report by July 1, 2001.

14         (5)  The following areas of the state are defined as

15  the "windborne debris region" and are subject to the windborne

16  debris construction standards specified in the American

17  Society of Civil Engineers standard ASCE 7-98:

18         (a)  All land south of the 28th latitudinal parallel;

19         (b)  On the eastern coast of the state, all land within

20  5 miles of the coast north from the 28th latitudinal parallel;

21         (c)  On the western coast of the state, all land within

22  3 miles of the coast north from the 28th latitudinal parallel,

23  to the end of the 120 mph wind zone, as established in ASCE

24  7-98, in Taylor County;

25         (d)  On the western coast of the state, all land within

26  1 mile of the coast, from the end of the 120 mph wind zone in

27  Taylor County, as established in ASCE 7-98, to the

28  Florida-Alabama state line.

29

30  The exact location of the line shall be established by local

31  ordinance, using recognized physical landmarks such as major

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  1  roads, canals, rivers, and lake shores, wherever possible.

  2  Buildings constructed in the windborne debris region must be

  3  either designed for internal pressures that may result inside

  4  a building when a window or door is broken or a hole is

  5  created in its walls or roof by large debris, or be designed

  6  with protected openings.

  7         (6)  The commission shall delete the requirement in the

  8  code that disclosures be made to the owner of the building

  9  regarding the risks associated with failing to install

10  shutters and door protections during a hurricane.

11         (7)  Notwithstanding section 40 of chapter 98-287, Laws

12  of Florida, if a county with a population over 1 million on

13  April 1, 2000, as enumerated in the 2000 decennial census, or

14  a municipality within that county, adopts and ordinance

15  providing for a local amendment to the Florida Building Code,

16  and such amendment provides a higher level of protection to

17  the public, as determined by the Florida Building Commission,

18  the local amendment becomes effective without approval of the

19  Florida Building Commission and is not rescinded pursuant to

20  section 40 of chapter 98-287, Laws of Florida.

21         (8)  Notwithstanding section 40 of chapter 98-287, Laws

22  of Florida, if a county or municipality adopts an ordinance

23  providing for a local amendment to the Florida Building Code,

24  and such amendment provides for window and door protection

25  such as hurricane shutters beyond what the code provides, as

26  determined by the Florida Building Commission, the local

27  amendment becomes effective without approval of the Florida

28  Building Commission and is not rescinded pursuant to section

29  40 of chapter 98-287, Laws of Florida.

30

31

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  1  The Legislature declares that changes made to the proposed

  2  Rule 9B-3.047, F.A.C., to implement the requirements of this

  3  act prior to October 1, 2000, are not subject to rule

  4  challenges under section 120.56, Florida Statutes. However,

  5  the entire rule, adopted pursuant to section 120.54(3),

  6  Florida Statutes, as amended after October 1, 2000, is subject

  7  to rule challenges under section 120.56, Florida Statutes.

  8         (5)  The Florida Building Commission is directed to

  9  amend section 611 of the Plumbing Section of the Florida

10  Building Code to incorporate the following:

11         (a)  When reduction of aesthetic contaminants, such as

12  chlorine, taste, odor, or sediment are claimed, the drinking

13  water treatment units must meet the requirements of NSF

14  Standard 42 Drinking Water Treatment Units-Aesthetic Effects,

15  or Water Quality Association Standard S-200 for Household and

16  Commercial Water Filters. When reduction of regulated health

17  contaminants is claimed, such as inorganic or organic

18  chemicals, or radiological substances, the drinking water

19  treatment unit must meet the requirements of NSF Standard 53

20  Drinking Water Treatment Units-Health Effects.

21         (b)  Reverse osmosis drinking water treatment systems

22  shall meet the requirements of NSF Standard 58 Reverse Osmosis

23  Drinking Water Treatment Units or Water Quality Association

24  Standard S-300 Point-of-Use Low Pressure Reverse Osmosis

25  Drinking Water Systems for the Reduction of Total Dissolved

26  Solids Only.

27         (c)  When reduction of regulated health contaminants is

28  claimed, such as inorganic or organic chemicals, or

29  radiological substances, the reverse osmosis drinking water

30  treatment unit must meet the requirements of NSF Standard 58

31  Reverse Osmosis Drinking Water Treatment Systems.

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  1         (d)  Waste or discharge from reverse osmosis or other

  2  types of water treatment units must enter the drainage system

  3  through an air gap or be equipped with an equivalent

  4  backflow-prevention device.

  5         Section 96.  Section 125.0106, Florida Statutes, is

  6  repealed.

  7         Section 97.  Effective January 1, 2001, subsection (2)

  8  of section 255.21, Florida Statutes, and subsection (11) of

  9  section 553.79, Florida Statutes, are repealed.

10         Section 98.  This act does not imply any repeal or

11  sunset of existing general or special laws that are not

12  specifically identified in this act.

13         Section 99.  Except as otherwise specifically provided

14  in this act, this act shall take effect upon becoming a law.

15

16          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
17                           SBs 4 & 380

18

19  The CS differs from the bill in the following ways:

20  It directs the Florida Building Commission to:

21        Redefine the "windborne debris region" for the state,
          thus exempting some parts of the state from construction
22        standards specified in ASCE 7-98, the American Society
          of Civil Engineer's standard for building in specified
23        areas of the state;

24        Exempt some counties, and all counties in limited
          circumstances, from the local amendment adoption process
25        specified in the Florida Building Code;

26        Recommend a statewide product approval to the
          Legislature by February, 2001; and
27
          Allow Miami-Dade and Broward Counties to continue to use
28        their product approval systems.

29

30

31

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